Except as specifically defined herein, all words used in this chapter shall have their customary dictionary definitions. For the purpose of this chapter, certain words or terms used herein are defined as follows:

   Words used in the present tense include the future tense. Words used in the singular include the plural, and words used in the plural include the singular. The word "shall" is always mandatory. The word "lot" includes the word "plot" or "parcel." The word "building" includes the word "structures." The word "person" includes a firm, association, organization, partnership, trust company or corporation as well as an individual. The words "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged, or designed to be used or occupied." The words "map,"" zoning map," "Official Zoning Map" or "Marion Zoning Map" shall mean the "Official Zoning Map of the City of Marion, North Carolina."

   Alley. A public thoroughfare which affords a secondary means of access to abutting property and is fifteen (15) feet or less in width.

   Ancillary use. The display, sale, distribution, delivery, offering, furnishing, or marketing of a product or range of products that does not exceed and is subordinate to the primary use of a building, structure, or property and supports or supplements the primary business activity.

   Approved screening. Includes, but is not limited to, opaque enclosures, buildings, natural objects, plantings, fencings, walls or other appropriate means to visually conceal the view of junked or inoperable motor vehicles (or other uses that are required to be screened) from adjoining property or the public roadway at any season of the year. In determining whether screening is adequate, the following factors, along with others, should be considered: topographical features of the property and naturally occurring visual obstructions, such as but not limited to vegetation.

   Approved screening plan. A site specific plan approved by the person or board issuing the permit and that includes but is not limited to natural objects, plantings, fencings, walls or other appropriate means to visually conceal the view of junked or inoperable motor vehicles (or other use that is required to be screened) from the public roadway at any season of the year. In determining whether to approve a screening plan, the following factors, along with others, should be considered: topographical features of the property and naturally occurring visual obstructions, such as but not limited to vegetation.

   Armory. A place where arms and federal and/or state military equipment may be stored and military personnel may be trained.

   Automated teller machine (ATM). A terminal designed to facilitate transactions that accept and dispense cash in connection with a financial account. A machine may be located at a bank or other financial institution, or as a terminal in an off-site location as an accessory use and/or structure to an existing commercial use.

   Automobile. For the purpose of this chapter the term automobile shall include all motor vehicles.

   Automobile graveyard. Any establishment or place of business which is maintained, used, or operated for storing, keeping, buying or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. Any establishment or place of business upon which six (6) or more unlicensed, used motor vehicles which cannot be operated under their own power are kept or stored for a period of fifteen (15) days or more shall be deemed to be an "automobile graveyard."

   Automobile sales (also referred to as "car sales" or "motor vehicle sales") businesses. Any establishment or place of business which is maintained or operated for the primary purpose of selling motor vehicles. For purposes of this definition, factors to be considered in determining the primary purpose of the business include but are not limited to the following:

      1.   Gross receipts of the business attributable to vehicle sales or service broken down into the following categories: vehicle sales, new parts, labor for service, and used parts;

      2.   The age of each vehicle and how long each vehicle has been on the property (used vehicles that are on the property for longer than twelve (12) months may be evidence that the business is not an automobile sales business, but rather an automobile graveyard and/or junk yard);

      3.   Any business-type licenses that are held, or the lack thereof; and

      4.   The number and configuration of grease bays or repair work areas.

   For the purposes of this definition, automobile sales businesses where the service department generates fifty (50) percent or more of the gross receipts of the business are considered to be automobile repair shops and subject to all regulations governing automobile repair shops.

   Automobile repair shop. Any establishment or place of business which is maintained or operated for the primary purpose of making mechanical and/or body repairs to motor vehicles. Factors to be considered in determining the primary purpose of the shop include but are not limited to the following:

      1.   Gross receipts of the business attributable to repair service broken down into the following categories: new parts, labor for service, used parts;

      2.   The age of each vehicle and how long each vehicle has been on the property (used vehicles that are on the property for longer than six (6) months may be evidence that the business is not an automobile repair shop, but rather an automobile graveyard and/or junk yard);

      3.   Whether business has initiated proceedings to declare vehicles abandoned under state law so the vehicle can be disposed of;

      4.   Any business-type licenses that are held, or the lack thereof; and

      5.   The number and configuration of grease bays or repair work areas.

   For the purposes of this definition, automobile sales businesses where the service department generates fifty (50) percent or more of the gross receipts of the business are considered to be automobile repair shops and subject to all regulations governing automobile repair shops. For purposes of this chapter, automobile tire sales and service shops, as defined herein, shall be considered automobile repair shops. An automobile repair shop that operates a combination of towing, tire and sales shall comply with all the regulations governing each use.

   Automobile tire sales and service shop. Any establishment or place of business which is maintained or operated for the primary purpose of selling tires and/or tire repair. For purposes of this definition, factors to be considered in determining the primary purpose of the shop include but are not limited to the following:

      1.   Gross receipts of the business attributable to tire service;

      2.   The age of each vehicle and how long each vehicle has been on the property (used vehicles that are on the property for longer than six (6) months may be evidence that the business is not an automobile tire shop, but rather an automobile graveyard and/or junk yard);

      3.   The length of time that used tires are stored on the property;

      4.   Used tires stored on the property longer than thirty (30) days should be evidence that the business is not an automobile tire shop, but rather a junkyard;

      5.   Any business-type licenses that are held, or the lack thereof. For the purpose of this definition, tire, tire sales and services shall be considered an automobile repair shop.

   Automobile towing and wrecker service businesses. Any establishment or place of business which is maintained or operated for the primary purpose of towing motor vehicles. For purposes of this definition, factors to be considered in determining the primary purpose of the shop include but are not limited to the following:

      1.   Gross receipts of the business attributable to towing service;

      2.   The age of each vehicle and how long each vehicle has been on the property (used vehicles that are on the property for longer than six (6) months may be evidence that the business is not an automobile towing service, but rather an automobile graveyard and/or junkyard);

      3.   The length of time and number of junked vehicles that are stored on the property;

      4.   Whether business has initiated proceedings to declare vehicles abandoned under state law so the vehicle can be disposed of;

      5.   Any business-type licenses that are held, or the lack thereof.

   For the purpose of this definition, tire, towing and wrecking services shall be considered an automobile repair shop.

   Ballast is a device used with an electric-discharge lamp to obtain the necessary circuit conditions (voltage, current, and waveform) for starting and operating.

   Bed and breakfast home. A private home offering bed and breakfast accommodations to eight (8) or less persons per night for a period of less than one (1) week provided that the business:

      1.   Does not serve food or drink to the general public for pay;

      2.   Serves only the breakfast meal, and that the meal is served only to overnight guests of the

business;

      3.   Included the price of breakfast in the room rate; and

      4.   Is the permanent residence of the owner or manager of the business.

   Bingo hall. A facility used to conduct bingo games in compliance with state statutory provisions, and open to the public and not in a subsidiary nature to another use.

   Boarding house. Any dwelling, wherefor compensation, lodging and/or meals are provided. The occupancy for such use of a dwelling unit shall not exceed more than one (1) person per two hundred (200) square feet of gross fioor space, other than the owner and/or employees of the unit.

   Building. A structure which is completely enclosed by a roof and by three (3) or more solid exterior walls, which is permanently affixed to a lot or lots, and used or intended for the shelter, support or enclosure of persons, animals, or property of any kind.

   Building, customary accessory. A detached building subordinate to the main building on a lot and used for purposes customarily incidental to the main or principal building and located on the same lot therewith.

   Building height. The vertical distance from the mean elevation of the finished grade along the front of the building to the highest point of the roof.

   Building, principal. A building in which is conducted the principal use of the lot on which said building is located, and may include other structures pursuant to G.S. 160D-1101(1).

   Building setback line. A line delineating the minimum distance between the property line and a building on a lot, within which no building or other structure shall be placed except as otherwise provided. Whenever the front, side or rear portions of a lot abuts a street right-of-way, setback lines shall be measured from said right-of-way line. In the event there is no right-of-way line, the setback shall be measured from the traveled portion of the road or street.

   Candela is the metric unit for luminous intensity (that is, power emitted by a light source in a particular direction, with wavelengths weighted by the luminosity function, a standardized model of the sensitivity of the human eye).

   Carport. A structure consisting of a roof and two (2) or less exterior walls.

   Cemetery. Land dedicated and intended for the interment of the deceased and dedicated for burial purposes including columbariums and mausoleums.

   Columbarium. A structure or building substantially exposed above ground intended to be used for the interment of the cremated remains of a deceased person.

   Comprehensive plan. A comprehensive plan that has been officially adopted by the governing board pursuant to G.S. 160D-501.

   Condominium. A single-family dwelling unit constructed in a series or group of attached units where each dwelling unit is to be deeded and/or separately owned from the other units, and where all land is owned in common by owners of all the dwelling units collectively.

   Condominium building. A building containing two (2) or more condominium dwelling units.

   Construction office, temporary. A structure housing the field office operations for the construction of a building or group of buildings being built simultaneously. The temporary construction office shall be located on the actual construction site and must be removed immediately upon completion of construction.

   Customary incidental home occupation. Any use conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof, and in connection with which there are no direct retail sales or permanent display on the premises and no person not a resident on the premises is employed specifically in connection with the activity, except that not more than one (1) assistant may be employed in the following home occupations: lawyer, physician, optometrist, dentist, osteopath, private home shows, chiropractor, and insurance agent. Provided further that no mechanical equipment is installed or used except such as is normally used for domestic or professional purposes, and that not over twenty-five (25) percent of the total floor space of any structure is used for home occupations. No use defined as a special use in any zoning district in article VIII, use requirements by district, of this chapter shall be permitted as a customary incidental home occupation without prior approval by the board of adjustment.

   Cutoff fixture is a light fixture shielded or constructed in such a manner that no more than 2.5 percent of the total light emitted by the fixture is projected above the horizontal plane of the fixture.

   Day care center. A facility licensed by the state, that provides care, supervision, and an organized program to children or adults who do not reside in the facility, are present during daytime hours, and do not stay overnight.

   Development. As defined by G.S. 143-755(e)(1).

   Development permit. As defined in G.S. 143-755(e)(2).

   Domestic servant. An individual or individuals employed by the occupant of a dwelling unit, for wages reportable and reported to the Internal Revenue Service, to perform services such as household duties, yard maintenance, and the like on a regular (not less frequently than weekly) basis.

   Dusk-to-dawn utility/security fixture. A light fixture that is specifically designed to operate continuously from dusk to dawn, by means of a timer or electronic sensor, that is used as a utility, yard or security light, and whose light output equals or exceeds 2,000 lumens.

   Dwelling, multifamily. A building arranged or designed to be occupied by two (2) or more families living independently of each other.

   Dwelling. Any building that contains one or two dwelling units used, intended or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes.

   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.

   Family. One (1) or more persons occupying a single-family dwelling unit who are related by blood or marriage or adoption. A maximum of five (5) persons, not related by blood or marriage or adoption, may occupy a single-family dwelling unit. Domestic servants employed or living on the premises may be housed on the premises without being counted as part of the family. The maximum permissible number of five (5) unrelated persons who may lawfully occupy a single-family dwelling unit shall not apply to any group occupying a boarding/ rooming house or a fraternity house.

   Family care home. A home with support and supervisory personnel that provides room and board, personal care and habilitation services in a family environment for not more than six (6) resident handicapped persons.

   Gasoline service or filling stations. Any establishment or place of business which is maintained or operated for the primary purpose of selling gasoline or motor fuel or which contains fuel pumps and other such fuel dispensing appliances. For purposes of this definition, factors to be considered in determining the primary purpose of the business include but are not limited to the following:

      1.   Gross receipts of the business attributable to gasoline or motor fuel sales or service broken down into the following categories: gasoline or motor fuel sales, labor for service, and parts;

      2.   The age of each vehicle and how long each vehicle has been on the property (used vehicles that are on the property for longer than six (6) months may be evidence that the business is not a gasoline service or filling station, but rather an automobile graveyard and/or junk yard);

      3.   Any business-type licenses that are held, or the lack thereof;

      4.   The number of gasoline pumps or fuel distribution devices; and

      5.   The number and configuration of grease bays or repair work areas.

   For the purposes of this definition, gasoline service or filling stations where the service or repair work constitutes fifty (50) percent or more of the gross receipts of the business are considered to be automobile repair shops and subject to all regulations governing automobile repair shops.

   Glare is the effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, to cause annoyance, discomfort, or loss of visual performance and ability.

   Group care facility. An establishment qualified for a license by the State of North Carolina that provides resident services to individuals of whom one or more are unrelated. The individuals are handicapped, aged or disabled, are undergoing rehabilitation or extended care, and are provided services to meet their needs. This category includes group homes for all ages, halfway houses, and foster and boarding homes.

   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.122-58.2(l)b. (1981, c. 565, s.1.).

   Illuminance. The amount of light (luminous flux index) at a point on a surface (measured in foot-candles).

   In view or visible. Means that it is capable of being seen without visual aid by a person of normal visual acuity.

   Indoor firing or archery range. An enclosed, permanent structure for the purpose of archery and/or the discharging of firearms for the purposes of recreational target practice.

   Industry, light. A use that involves the manufacturing, production, processing, fabrication, assembly, treatment, repair, research, packaging, warehousing, wholesaling, and distribution of finished products, predominately from previously prepared or refined materials or raw materials that do not require refinement.

   Industry, heavy. Manufacturing or other enterprises with external effects that pose risks due to the involvement of flammable or explosive material, radioactive material, poisons, pesticides, herbicides, solvents, solid waste, sanitary waste, or other hazardous materials in the manufacturing, storage or other processes of such material that have the potential of creating a hazardous condition or public nuisance.

   Inoperable motor vehicle. See "Junked and/or inoperable motor vehicle."

   Junk. Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste or junked, dismantled or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.

   Junked and/or inoperable motor vehicle. A vehicle that does not display a current license plate and that:

      1.   Is partially dismantled or wrecked; or

      2.   Cannot be self-propelled or moved in the manner in which it originally was intended to move; or

      3.   Is more than five (5) years old and appears to be worth less than one hundred dollars ($100.00).

   Junkyard. An establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for maintenance or operation of an automobile graveyard, and the terms shall include garbage dumps and sanitary fills. An establishment or place of business which stores or keeps for a period of fifteen (15) days or more materials within the meaning of "junk" as defined herein which had been derived or created as a result of industrial activity shall be deemed to be a junkyard.

   Kennel. Any lot, building, structure, enclosure or premises whereupon or wherein are kept five (5) or more dogs, cats or similar small animals in any combination, whether such keeping is for care, pleasure, profit, breeding, or exhibiting, and including places where dogs or cats or similar small animals in any combination are boarded, kept for sale, care, or kept for hire.

   Land development regulation. As defined in G.S. 143-755(e)(3).

   Law enforcement facility. A facility used for law enforcement functions including but not limited to law enforcement agency offices, communication centers, court room facilities and jails.

   Light fixture (Luminaire). A complete lighting unit consisting of a lamp or lamps and ballast(s) (when applicable) together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply.

   Light source. The element of a lighting fixture that is the point of origin of the lumens emitted by the fixture.

   Light trespass. The unwanted light spilling onto an adjacent property and/or an excessive brightness (i.e. glare) that occurs in the normal field of vision.

   Lot. A parcel of land occupied or capable of being occupied by a building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to the same. For the purposes of this definition, the word "lot" shall mean any number of contiguous lots, or portions thereof, upon which one (1) or more principal structures are to be erected for a single use.

   Lot, depth of. The average distance between front and rear lot lines as measured along the side lot lines.

   Lot, width of. The distance between side lot lines measured at the building line.

   Lot of record. A lot which is a part of a subdivision, a plat of which has been recorded in the Office of the Register of Deeds of McDowell County, North Carolina, or a lot described by metes and bounds, the description of which has been so recorded.

   Lumen. The quantitative unit used to identify the amount of light emitted by a light source. A lamp is generally rated in lumens.

   Lux. A unit of illuminance; one lux equals one lumen per square meter. One foot-candle equals 10.76 lux (often rounded to 10 lux for ease of use).

   Major automobile repair work. Work on a vehicle that is necessary to ensure the correct operation of the vehicle which cannot be completed in less than one (1) hour.

   Manufactured/ mobile home. A factory-assembled transportable home built on a permanent chassis, and designed and intended to be used as a year-round dwelling unit. For the purpose of this chapter, the terms manufactured home and mobile home are the same, and refer to a dwelling that was constructed after June 15, 1976 following the enactment of the National Manufactured Housing Construction and Safety Standards Act of 1974, and not constructed in accordance with the standards of the North Carolina Residential Building Code, current edition. A manufactured home shall not be construed to be a modular home, travel trailer, park model, or other form of recreational vehicle, or a building type permitted for nonresidential purposes. The floor area for a manufactured home shall be a minimum of twelve (12) feet in width with no less than six hundred (600) square feet of gross living area unless otherwise stated in the ordinance. Manufactured homes are classified in the following categories:

      1.   Class A: A multi-sectional manufactured housing unit constructed after June 15, 1976 that meets or exceeds the U.S. Housing and Urban Development (HUD) Department standards for manufactured home construction.

      2.   Class B: A manufactured home constructed after June 15, 1976 that meets or exceeds the U.S. Housing and Urban Development (HUD) Department standards for manufactured home construction.

      3.   Class C: Any manufactured housing unit that does not meet the Class A or Class B definition.

   Minor automobile repair work. Work on a vehicle that is necessary to ensure the correct operation of the vehicle which can be completed in less than one (1) hour.

   Mobile food vendor. A temporary commercial activity for the purpose of offering food and/or beverage products for retail sale from a mobile food vendor unit, pushcart, or other moveable structure.

   Mobile food vendor commissary. A North Carolina Department of Health approved restaurant, commercial kitchen, or similar approved facility for the permanent refrigeration, storage, packaging, preparation or any combination of these, where such food is intended to be sold or distributed to the public by a mobile food vendor.

   Mobile food vendor unit. A vehicle, pushcart, or other moveable structure that is temporary in nature and is commercially designed specifically for the purpose of keeping or storing food and beverages for retail sale by a commercial vendor.

   Mobile food operation shall mean setting up, preparing, storing, holding and selling food, or distributing food free of charge, from a mobile food vending unit for a fixed temporary period of time.

   Mobile home. A factory-assembled portable housing unit, or a portion thereof, built on a chassis and intended for use as a dwelling unit, and is not constructed in accordance with the standards of the North Carolina Uniform Residential Building Code for One- and Two-Family Dwellings. A mobile home is designed to be transported on its own chassis. A mobile home shall be construed to remain a mobile home whether or not wheels, axles, hitch, or other appurtenance to mobility are removed, and regardless of the nature of the foundation provided. All vehicles which are designated mobile homes by the Uniform Standards Code for Mobile Homes shall be construed as mobile homes. A mobile home shall not be construed to be a travel trailer or other form of recreations vehicle or occupied for nonresidential purposes. All references to mobile homes in this chapter shall include manufactured homes. The floor area for a mobile home shall be a minimum of twelve (12) feet in width with no less than six hundred (600) square feet of gross living area.

   Mobile home park. Any premises where more than one (1) mobile home is parked for living and sleeping purposes, or any premises used or set apart for the purpose of supplying to the public parking space for mobile homes for living and sleeping purposes, and which includes any building, structures, vehicles, or enclosures used or intended for use as part of such mobile home park.

   Mobile home site. A plot of ground within a mobile home park designated for the accommodation and use of one (1) trailer or mobile home and containing all improvements and utility connections required under this chapter and other applicable city codes.

   Modular housing. A form of manufactured housing unit that meets the construction standards of the North Carolina Uniform Residential Building Code for one-family and two-family dwellings regardless of how the unit or its components are transported to the site.

   Motel. A building or group of buildings used as an abiding place of ten (10) or more persons, who are lodged for compensation. Parking spaces are conveniently located to each unit.

   Multi-phased development. A development containing 25 acres or more that is both of the following:

      1.   Submitted for development permit approval to occur in more than one phase.

      2.   Subject to a master development plan with continued elements showing the type and intensity of use of each phase.

   Nonconforming use. Any building or structure, or the use of any land, building or structure existing at the time of the adoption of, or amendment to this chapter, that does not conform to the regulations of the district in which it is located.

   Non-cutoff fixture. A light fixture having no light distribution limitation in the zone above the light source.

   Nonresidential development means all development other than residential development.

   Nuisance vehicle. A vehicle on public or private property that is determined and declared to be a health or safety hazard, a public nuisance and unlawful, including a vehicle found to be:

      1.   A breeding ground or harbor for mosquitoes, or other insects, rats, or pests; or

      2.   A point of heavy growth of weeds or other noxious vegetation over eight (8) inches in height; or

      3.   A point of collection of pools or pounds of water; or

      4.   A point of concentration of quantities of gasoline oil or other flammable or explosive materials as evidenced by odor; or

      5.   One which has areas of confinement which cannot be operated from the inside, such as trunk, hoods, etc.; or

      6.   So situated or located that there is a danger of it falling or turning over; or

      7.   One which is a point of collection of garbage, food waste, animal waste or any rotten or putrescible matter of any kind; or

      8.   One which has sharp points thereon which are jagged or contain sharp edges of metal or glass; or

      9.   Located within a public right-of-way and which is creating a traffic hazard or impeding ingress or egress into a residential dwelling or place of business;

      10.   Any other vehicle specifically declared a health and safety hazard and a public nuisance by the city council.

   Nursing home. A nursing home is defined as an institution, however named, which is advertised, announced or maintained for the express or implied purpose of providing nursing or convalescent care for three (3) or more persons unrelated to the licensee. A nursing home is a home for chronic or convalescent who do not usually require special facilities, such as an operating room, x-ray facilities, laboratory facilities, and obstetrical facilities. A nursing home provides care for persons who have remedial ailments or other ailments, for which medical or nursing care is indicated.

   Open storage. The storage of any products, materials, vehicles, equipment, junk, or scrap outside the confines of an enclosed building, and more specifically defined as:

      1.   Merchandise display: Display of products and materials, and operable vehicles and equipment for the purpose of offering for sale at retail, and incidental to a principal office or retail building existing on the premises;

      2.   Equipment and material storage: Storage of any equipment or materials in usable condition which are not being specifically displayed as merchandise or offered for sale at retail; or

      3.   Junk and scrap storage: Storage of used products, junk, or scrap materials such as wood, cloth, paper, glass, metal, plastic, or rock material which could be refurbished, recycled, or converted into usable stock or material.

   Paraphernalia. For the purpose of this chapter, paraphernalia is any equipment, device, product, or accessory used for the human consumption, making, or concealing of a tobacco-product, smoke-product, vapor-product, or controlled substance.

   Parking aisle. An area within a parking facility intended to provide ingress and egress to a parking space.

   Parking area or parking lot. A parking area is the total area that includes all parking spaces, aisles, and driveways, as defined by the back of curb or edge of pavement.

   Parking space. An area of not less than nine (9) feet by eighteen (18) feet, plus the necessary access space. Parking spaces shall be provided with vehicular access to a street or alley, shall not be provided in a required front yard area, and shall always be located outside the dedicated street right-of-way.

   Patio home. A one-story single family dwelling (excluding mobile homes) designed to maximize the combination of indoor-outdoor living and privacy through the use of patio walls and court yards as buffer areas. Patio homes may only be constructed within approved patio home developments.

   Pixel. A pixel is a physical point in a raster image, or the smallest element in a display device that can be controlled and turned off or on at various levels of illumination.

   Pixel pitch. The distance measured horizontally and vertically between each pixel within an electronic message display.

   Planned unit development. Any development where more than one (1) principal building is proposed to be constructed on a single tract, or any multifamily development containing nine (9) or more dwelling units, or any building with a gross floor area of more than twenty-five thousand (25,000) square feet.

   Property line. A line delineating the boundary of a lot or other piece of property.

   Schedule VI controlled substance. Any drug, substance, or immediate precursor listed or to be listed by whatever official name, common or usual name, chemical name, or trade name designated, which is regulated under state and federal law as cited under the North Carolina Controlled Substances Act.

   Semi-cutoff fixture is a light fixture shielded or constructed in such a manner that no more than 5 percent of the total light emitted by the fixture is projected above the horizontal plane of the fixture.

   Senior housing. An independent living facility providing multiple one (1) to two (2) bedroom residential dwelling units occupied only by senior citizens that are fifty-five (55) years and older and persons with disabilities.

   Shelter/mission. Facility providing personal assistance on a nonprofit basis to individuals of an indigent status. Such assistance must include food and/or temporary shelter and may, in addition, include religious instruction, counseling, and other incidental services customarily provided by missions.

   Sign. Any display of letters, words, numbers, figures, devices, emblems, pictures, logos, or any other means whereby the same are made visible for the purpose of making anything known, whether such display be on, or attached to, or as a part of a structure, surface, or any object whether natural or manmade. The word "sign" does not include the flag, pennant, or insignia of any nation, state, city, or other political unit.

   Sleeping room. A room designated as sleeping or bedroom on the plans of a permit application.

   Smoke, tobacco, vapor store or dispensary. Any business activity dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco products, smoke products, vapor products, or schedule VI controlled substances, or the paraphernalia and devices used with such products.

   Special use. A use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in a zoning district as a special use, if specific provision for such special use is made in the UDO.

   Sports complex. A sports complex consists of a combination of a bowling center, batting cages, miniature golf, sports fields and similar nonmotorized activities. A sports complex may have a restaurant, snack bar, and/or concession stand to serve its patrons.

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

   Structure. Anything constructed or erected, or anything attached to something having a permanent location on the ground.

   Temporary storage unit. A reusable enclosed or semi-enclosed vessel, cargo container or truck trailer originally, specifically or formerly designed or used for the packing, shipping, movement or transportation of freight, articles, goods, belongings or commodities; or structure designed for or capable of being mounted on a chassis for movement by truck, rail or other similar device.

   Temporary structure. A structure that is temporary in nature and is required for a defined period of time during an event or the construction phase of permitted development, including, but not limited to, emergency shelters, construction project offices, equipment storage, temporary storage unit, trailer, cargo container, or sales office for the marketing of the property in which it is located. The placement or a temporary structure is permitted pursuant to a temporary use permit. Permanent placement and occupancy of a temporary structure is prohibited.

   Temporary use. A use that is required for a defined period of time and is uniquely temporary or seasonal in nature, including, but not limited to, Christmas tree sales, seasonal sales of food products, sidewalk sales, equipment storage, circus, or other civic event

   Tent. A portable shelter of canvas, plastic, or skins stretched over a supporting framework of poles with ropes and pegs.

   Textile recycling container. A solid metal, fully enclosed, and self-contained container no larger than six feet in height or width for the purpose of disposing of cloth or woven fabric to be taken offsite to be recycled.

   Tobacco-product. Is any product derived from tobacco that contains nicotine and is intended for human consumption, whether chewed, absorbed, dissolved, ingested, inhaled, or by other means.

   Townhouse. A single building unit constructed in a series or group of attached units, with property lines separating such units, and where each building unit and lot is to be deeded and/or separately owned from the other building units and lots.

   Townhouse building. A building containing two (2) or more townhouse building units.

   Townhouse development. A development consisting of two (2) or more townhouse buildings.

   Travel trailer. A vehicular or structure designed to be self-propelled or moved on wheels and intended as a temporaiy dwelling for travel, recreation or vacation use. This term shall also include campers, recreational vehicles, camper-trailers, motorized homes, vans or other short-term sheltered vehicles.

   Travel trailer park or campground. Any parcel of land which contains or is designed, laid out, or adapted to accommodate travel trailers, motorized homes, recreational vehicles, cabins, tents, or similar vehicle or devices intended for travel, recreations or vacation use and ancillary structures.

   Use. Any activity, occupation, business or operation carried on, or intended to be carried on, in a building or structure or on a tract of land.

   Use, accessory. A use located on the same lot with a principal use, and clearly incidental or subordinate to and customary in connection with the principal use.

   Use, principal. The main use on a lot.

   Vapor-product. Any noncombustible device or inhaler meant to simulate cigarette smoking that employs a mechanical heating element, battery, or electric circuit regardless of shape or size and that can be used to heat a liquid solution meant for human inhalation that causes the user to exhale smoke, vapor, or substance other than that produced by unenhanced human exhalation.

   Variance. A variance is a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to the condition peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship.

   Wall pack. A type of light fixture typically flush-mounted on a vertical wall surface.

   Yard. An open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except by trees or shrubbery or as otherwise provided herein.

   Yard, front. A yard across the full width of the lot extending from the front line of the building to the front line of the lot, excluding steps.

   Yard, rear. A yard extending across the full width of the lot and measured between the rear line of the lot and the rear line of the main building.

   Yard, side. An open unoccupied space on the same lot with a building between the building and the side line of the lot extending through from the building line to the rear yard.

(Ord. No. O-21-06-15-5, §1, 6-15-21)