Effective on: 1/1/1901

For the purpose of interpreting this Ordinance, certain words, concepts and ideas are defined herein. Except as defined herein, all other words used in this Ordinance shall have their everyday meaning as determined by their dictionary definition.

Effective on: 1/1/1901

1. Words used in the present tense include the future tense.
2. Words used in the singular number include the plural, and words used in the plural number include the singular.
3. Any word denoting gender includes the female and the male.
4. The word "person" includes a firm, association, organization, partnership, corporation, trust and company as well as an individual.
5. The word "lot" includes the word "plot" or "parcel" or "tract”.
6. The words “shall”, “must”, and “will” are mandatory, implying an obligation or duty to comply with the particular provision.
7. The word “may” is permissive, except when the context of the particular use is negative, then it is mandatory (e.g., “may not”).
8. The word “should,” whether used in the positive or the negative, is a suggested guideline.
9. The word "structure" shall include the word "building."
10. The term “street” shall include the word “road”.
11. 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.
12. The term “Zoning Map," shall mean the Official Zoning Map of Morganton, North Carolina.
13. The term "City Council" shall mean the City Council of the City of Morganton, North Carolina."
14. The term “Planning & Zoning Commission” shall mean the Planning & Zoning Commission of the City of Morganton, North Carolina.
15. The term "Board of Adjustment" shall mean the Board of Adjustment of the City of Morganton.
16. The term "Administrator" shall mean the Administrator, Subdivision Administrator, Floodplain Administrator, or Zoning Administrator City of Morganton, North Carolina.
17. The terms "Development and Design Services Department" and “Planning Staff” shall mean the Development and Design Services Department of the City of Morganton, North Carolina.
18. The term “manager” or “City Manager” shall mean the City Manager of the City of Morganton, North Carolina.
19. The term “County” shall mean Burke County, North Carolina.
20. The term “State” shall mean the State of North Carolina.
21. Any reference to a section shall mean a section of the City of Morganton Zoning Ordinance, unless otherwise specified.
22. The term “Ordinance” shall be synonymous and refer to the City of Morganton Zoning Ordinance.
23. For purposes of interpreting this ordinance, certain words, concepts, and ideas are defined in Section A.4. Except as defined herein, all other words used in this ordinance, excluding architectural words and terms, shall have their everyday dictionary definition. Architectural words and terms shall be interpreted as defined in the latest edition A Visual Dictionary of Architecture, Francis D.K. Ching, John Wiley and Sons, New York., a copy of which is available in the Development and Design Services Department at City Hall.

Effective on: 1/1/1901

Below is a list of acronyms and abbreviations and their meanings found throughout the Ordinance:

ADA: Americans with Disabilities Act

Effective on: 1/1/1901

AHS-O: Airport/Heliport Safety Overlay

Effective on: 1/1/1901

BFE: Base Flood Elevation

Effective on: 1/1/1901

BOA: Board of Adjustment

Effective on: 1/1/1901

CBD: Central Business District

Effective on: 1/1/1901

C-O: Corridor Overlay

Effective on: 1/1/1901

DUA: Dwelling Units per Acre

Effective on: 1/1/1901

EID: Exclusive Industrial District

Effective on: 1/1/1901

ETJ: Extraterritorial Jurisdiction

Effective on: 1/1/1901

FDP-O: Flood Damage Prevention Overlay

Effective on: 1/1/1901

FEMA: Federal Emergency Management Agency

Effective on: 1/1/1901

FIRM: Flood Insurance Rate Maps

Effective on: 1/1/1901

HID: High Intensity District

Effective on: 1/1/1901

HOA: Homeowners Association

Effective on: 1/1/1901

LID: Low Intensity District

Effective on: 1/1/1901

LRTP: Long Range Transportation Plan

Effective on: 1/1/1901

MH-O: Manufactured Home Overlay

Effective on: 1/1/1901

MID: Medium Intensity District

Effective on: 1/1/1901

MPO: Metropolitan Planning Organization

Effective on: 1/1/1901

NAICS: North American Industrial Classification System

Effective on: 1/1/1901

NC: North Carolina

Effective on: 1/1/1901

NC-O: Neighborhood Conservation Overlay

Effective on: 1/1/1901

NCDENR: North Carolina Department of Environment and Natural Resources

Effective on: 1/1/1901

NCDOT or DOT: North Carolina Department of Transportation

Effective on: 1/1/1901

NCGS or GS: North Carolina General Statute

Effective on: 1/1/1901

RD-O: River District Overlay

Effective on: 1/1/1901

ROW: Right-of-way

Effective on: 1/1/1901

RR-O: Restricted Residential Overlay

Effective on: 11/2/2020

SID: State Institutional District

Effective on: 1/1/1901

SR: Secondary Road in the North Carolina Secondary Road system

Effective on: 1/1/1901

SW-O: Phase II Stormwater Overlay

Effective on: 1/1/1901

TRC: Technical Review Committee

Effective on: 1/1/1901

US: United States of America

Effective on: 1/1/1901

USGS: United States Geological Survey

Effective on: 1/1/1901

WP-O: Watershed Protection Overlay

Effective on: 1/1/1901

ABANDONED. A use shall be deemed to be abandoned when: a) the use is physically and objectively discontinued [other than in association with the settlement of an estate or for any use which is seasonal in nature]; or b) the premises are devoted to another use; or c) the characteristic equipment and furnishings of a nonconforming nonresidential use have been physically removed from the premises and have not been replaced by the same or similar equipment within thirty days. All of the above events are considered abandonment, regardless of the intent of the owner, lessee or occupant and regardless of any circumstances beyond the control of such parties that prevent continuation of the use.

Effective on: 1/1/1901

ACCESSORY COMMUNICATION ANTENNAE. An antennae configuration that is attached to a building water tower, or other existing structure where the communication facility is customarily incidental to the main or principal building or structure.

Effective on: 1/1/1901

ACCESSORY DWELLING UNIT. A second dwelling unit connected to or within the rear yard of a single-family residential dwelling, which is restricted in area, purpose and occupancy in accordance with this ordinance.

Effective on: 1/1/1901

ACCESSORY STRUCTURE OR USE. A use or structure that is customarily or typically subordinate to and serves a principal use or structure; is clearly subordinate in area, extent, or purpose to the principal use or structure served; and is located on the same lot as the principal use or structure. Accessory structure shall include freestanding satellite dishes, any other devices that access satellites, and amateur radio antennae.

FIGURE A.1: PRINCIPAL AND ACCESSORY STRUCTURES

Effective on: 1/1/1901

ADAPTIVE REUSE. The rehabilitation, reconstruction or renovation of existing buildings or structures for any use other than its current use.

Effective on: 1/1/1901

ADJACENT/ABUTTING PROPERTY. This term shall mean anything that is contiguous or abutting with the assumption that railroads, roads, and other rights-of-way do not exist.

Effective on: 1/1/1901

ADMINISTRATOR. “See Zoning Administrator”

Effective on: 1/1/1901

ADULT ORIENTED BUSINESSES. Any principal or accessory structure or use of land which meets the definition of adult establishment as set forth in NCGS 14-202.10 et.seq., but excluding massage therapy.

Effective on: 1/1/1901

AGRICULTURAL INDUSTRY. Commercial poultry or swine production, cattle or swine feed lots, fur bearing animal farms, commercial plant production (not retail nurseries) on more than two acres, commercial fish or poultry hatcheries, and other similar activities.

Effective on: 1/1/1901

AIRPORT AND HELIPORT. Landing fields, parking and service facilities, passenger and baggage terminals, and related facilities for the operation, service, fueling, repair, storage, charter, sales, and rental of aircraft. The word aircraft shall include fixed-wing as well as rotary-wing craft.

Effective on: 1/1/1901

ANIMAL SERVICES. Any facility used for the purpose of giving licensed medical treatment to animals or pets and any other customarily incidental treatment of the animals, such as grooming, boarding, or selling of pet supplies. This use may include indoor or outdoor kennels as shown in the Permitted Uses Table.

Effective on: 1/1/1901

ALLEY. A service way providing a secondary means of public access to abutting property.

Effective on: 1/1/1901

ALTERATION. A change in the size, configuration, or location of a structure; or a change in the use of a structure or lot from a previously approved or legally existing use.

Effective on: 1/1/1901

AMENDMENT. Any change by the City Council to the text of these regulations or the official zoning maps.

Effective on: 1/1/1901

AMORTIZATION. A provision requiring a non-conformance to either become conforming or be removed within a set period of time, otherwise known as the amortization period.

Effective on: 1/1/1901

AMUSEMENT, COMMERCIAL INDOOR. Any business establishment which is primarily engaged in providing an amusement activity such as a video arcade, billiard parlor, skating rink or similar activity as a principal use to the general public, but does not include indoor motion picture theaters.

Effective on: 1/1/1901

APPLICANT. Any person seeking approval under these regulations for any form of development or use of land.

Effective on: 1/1/1901

ARCHITECT. A person licensed to practice architecture in the State of North Carolina.

Effective on: 1/1/1901

ARCADE. A series of porches supported on piers or columns.

Effective on: 1/1/1901

ARENA. A structure or facility designed and intended to be used primarily for athletic events and containing seating for spectators of those events, but not including a raceway or drag strip.

Effective on: 1/1/1901

ARTICULATION, HORIZONTAL. An architectural technique to give provide visual interest and human scale along the horizontal wall plate of a building.

Effective on: 1/1/1901

ARTICULATION, VERTICAL. An architectural technique to give emphasis to the height of a building and provide visual interest along the vertical wall plane of a building.

Effective on: 1/1/1901

ARTIFICIAL OBSTRUCTION. Any object or material which is not a natural obstruction, including any which, while not a significant obstruction in itself, is capable of accumulating debris and thereby reducing the flood-carrying capacity of a stream.

Effective on: 1/1/1901

ARTIST OR CRAFTSMAN STUDIO. The creation of objects in a studio, made one at a time, by hand. Such creation includes, but is not limited to, woodworking, tinsmithing, silversmithing, pottery throwing, glass blowing, painting, weaving, caning, metal working, and sculpting.

Effective on: 1/1/1901

ASPHALT PLANTS, MIXING PLANTS (CONCRETE & ASPHALT). A facility preparing asphalt and/or concrete mixtures for street and driveway paving, including contractors engaged in asphalt and/or cement work. This definition includes poured concrete foundation and structure contractors, and asphalt paving mixture and block manufacturing.

Effective on: 1/1/1901

AUCTION HOUSE. Any establishment where items are sold at auction to the highest bidder.

Effective on: 1/1/1901

AUDITORIUM, ASSEMBLY HALL. A room, hall, or building, that is a part of a church, theater, school, recreation building, or other building assigned to the gathering of people as an audience to attend lectures, theatrical, musical or other presentations.

Effective on: 1/1/1901

AUTOMATIC TELLER MACHINE. A type of banking and financial services with automated or self-service banking features with no staff or personnel provided.

Effective on: 1/1/1901

AWNING. A structure made of cloth, metal, or other material affixed to a building in such a manner that the structure may be raised or retracted from a building to a flat position against the building, but not a canopy.

Effective on: 1/1/1901

BANKING AND FINANCIAL SERVICES. A facility engaged in deposit banking or extending credit in the form of loans, excluding brokers, financial planners, credit counselors and similar uses that are located in professional offices.

Effective on: 1/1/1901

BANQUET AND EVENTS FACILITIES. A facility for lease for private parties. Such facilities may or may not provide catering, photography, or similar services associated with private parties, weddings, birthdays and similar occasions.

Effective on: 1/1/1901

BED AND BREAKFAST INN. A residential building providing for temporary overnight lodging and breakfast for overnight guests, where the operator resides on the premises. This use does not include banquet and events facilities.

Effective on: 5/1/2023

BERM. An earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise.

Effective on: 1/1/1901

BEST MANAGEMENT PRACTICES (BMPS). (Applies only to the watershed overlay district) A structural or non-structural management-based practice used singularly or in combination to reduce non-point source input to receiving waters in order to achieve water quality protection goals.

Effective on: 1/1/1901

BEST MANAGEMENT PRACTICES, NON-STRUCTURAL. Non-structural BMPs are non-engineered methods used to control the amount of non-point source pollution. These may include land-use controls and vegetated buffers.

Effective on: 1/1/1901

BEST MANAGEMENT PRACTICES, STRUCTURAL. Structural BMPs are engineered structures that are designed to reduce the delivery of pollutants from their source or to divert contaminants away from the water supply.

Effective on: 1/1/1901

BOARDING OR ROOMING HOUSE. A dwelling, or part thereof, in which lodging is provided to more than two (2) guests on a long-term basis and where the rooms rented neither individually nor collectively constitute separate dwelling units.

Effective on: 1/1/1901

BODY ART ESTABLISHMENT. A business that provides tattooing or body piercing services.

Effective on: 1/1/1901

BONA FIDE FARM. A farm whose purposes include the production of, and activities relating or incidental to the production of, crops, fruits, vegetables, ornamental and flowering plans, dairy, livestock, poultry and all other forms of agricultural products having a domestic or foreign market. Any of the following shall constitute sufficient evidence that the property is being used for bona fide farm purposes:

1. A farm sales tax exemption certificate issued by the Department of Revenue.
2. A copy of the property tax listing showing that the property is eligible for participation in the present use value program pursuant to G.S. 105-277.3.
3. A copy of the farm owner's or operator's Schedule F from the owner's or operator's most recent federal income tax return.
4. A forest management plan.
5. A Farm Identification Number issued by the United States Department of Agriculture Farm Service Agency.

Effective on: 1/1/1901

BROADCAST TOWERS. A facility primarily engaged in providing radio and television broadcasting but excluding those uses classified as wireless telecommunications towers or utilities.

Effective on: 1/1/1901

BUILD-TO LINE. A line extending through a lot which is generally parallel to the front property line and marks the location from which the principal vertical plane of the front building elevation must be erected; intended to create an even building façade line on a street. The build-to line is established on the record plat (final plat).

Effective on: 1/1/1901

BUILDING. A temporary or permanent structure having a roof and walls and which can be used for the shelter, housing, or enclosure of persons, animals, or goods.

Effective on: 1/1/1901

BUILDING AREA. The area of a zoning lot remaining after the minimum setback requirements of this ordinance have been satisfied.

Effective on: 1/1/1901

BUILDING FOOTPRINT. The area of the principal building structure on a legal lot enclosed by the perimeter of the principal building at ground level which may include attached garages/carports (defined by the North Carolina Building Code).

Effective on: 1/1/1901

BUILDING HEIGHT. See “Height, Building.”

Effective on: 1/1/1901

BUILDING LINES. Lines that are tangent to the exterior surface of buildings or structures, or the surfaces of cantilevered projections therefrom, parallel to front, side, and rear lot lines, and referred to as front, side, and rear building lines, respectively.

Effective on: 1/1/1901

BUILDING MODULATION. The varying of the footprint of a building by projecting or recessing portions of the façade from the base plane of the building wall.

Effective on: 1/1/1901

BUILDING OCCUPANCY. The use(s) or tenant(s) located within a building.

Effective on: 1/1/1901

BUILDING PRESENTATION. The direction of the architectural front façade of a building in relation to the street or public space.

Effective on: 1/1/1901

BUILDING, PRINCIPAL. See “Principal Structure.”

Effective on: 1/1/1901

BUILDING SITE. (See also “Development.”) An area of land or property where development is undertaken. A building site may consist of one or more legal parcels of land and shall be defined to include any and all such parcels developed with uses operating under a coordinated management or use strategy regardless of when such parcels were developed.

Effective on: 1/1/1901

BUILDING WALL. The entire surface area, including windows and doors, of an exterior wall of a building.

Effective on: 1/1/1901

BUILT-UPON AREA. Built-upon area shall include that portion of a development project and/or lots that are covered by impervious or partially impervious cover including buildings, pavement, gravel areas (e.g., roads, parking lots, paths), recreation facilities (e.g., tennis courts), etc. (NOTE: Wooden slatted decks and the water area of a swimming pool are considered pervious).

Effective on: 1/1/1901

BUSINESS KIOSK. A walk-up or drive-through self-service unit that provides convenience-type services including but not limited ice vending, movie rental, and household propane tanks.

Effective on: 1/1/1901

CALIPER. The diameter measurement of a tree-trunk.

Effective on: 1/1/1901

CAMPGROUND. Any lot or parcel of land used or intended to be used for the accommodation of two (2) or more recreational vehicles or non-vehicle campers for transient dwelling purposes or recreational camping.

Effective on: 1/1/1901

CANOPY. A structure, either detached from or attached to and extending from the enclosed portion of a building, and used principally to provide shelter in connection with activities conducted in the principal building.

Effective on: 1/1/1901

CANOPY TREE. A species of tree which normally grows to a mature height of thirty-five feet or more with a minimum mature crown width of thirty feet and meets the specifications of the American Standards for Nursery Stock published by the American Nurserymen Association.

Effective on: 1/1/1901

CARPORT. A roofed structure enclosed on not more than two sides and used for the parking of motor vehicles.

Effective on: 1/1/1901

CAR WASH. A motor vehicle services facility for the washing of motor vehicles.

Effective on: 1/1/1901

CEMETERY. Land and facilities, including offices and chapels, used for the burial of the dead. Such a facility includes any burial ground, mausoleum, or columbarium operated by a cemetery company and meeting licensing requirements of the state.

Effective on: 1/1/1901

CERTIFICATE OF COMPLIANCE. A certificate issued by the Department of Development and Design setting forth that a lot, building, structure, or use complies with the Zoning Ordinance and that the same may be used for the purposes stated therein.

Effective on: 1/1/1901

CERTIFICATE OF OCCUPANCY. A certificate issued by the building inspector setting forth that a building, structure, or use complies with all North Carolina State Building Codes in effect within the City’s jurisdiction.

Effective on: 1/1/1901

CHANGE OF USE, MINOR. A change in the use of a structure or land from one use to another use within the same category as listed in the Table of Uses. For example, a change from a “Retail Use” to a “Restaurant” within the Retail and Wholesale Uses category is a minor change of use.

Effective on: 1/1/1901

CHANGE OF USE, SUBSTANTIAL. A change in the use of a structure or land from one use category to another use category. For example, a change from a “Professional Office” in the Office and Service Uses category to a “Retail Use” in the Retail and Wholesale Uses category is a significant change of use.

Effective on: 1/1/1901

CHURCH OR RELIGIOUS INSTITUTION. A facility of a church, temple, synagogue, or other non-profit religious organization operated for worship and which may include religious training or study.

Effective on: 1/1/1901

CLINIC. An establishment where patients are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, psychologists, social workers, or other medical personnel and are not lodged overnight.

Effective on: 1/1/1901

CLUB, PRIVATE. A for-profit establishment as defined in N.C.G.S. 18B-1000 (5) which holds an ABC permit from the State of North Carolina. Music, dancing and similar activities may also take place. This definition does not include those establishments that meet the definition of an adult oriented business.

Effective on: 1/1/1901

COLLECTOR STREET. See “Street Classifications.”

Effective on: 1/1/1901

COLLEGE OR UNIVERSITY. An institution of higher education offering undergraduate and/or graduate degrees.

Effective on: 1/1/1901

CO-LOCATION. The siting of two (2) or more separate operator’s wireless antennas on the same support structure.

Effective on: 1/1/1901

COMMUNITY OUTREACH OFFICE. An auxiliary or supplemental office facility for non-profit organizations from which to provide general counseling and training services within a specific neighborhood area for individuals and families within close proximity of the facility. Services not allowed include operation of food or clothing pantry’s, place of assembly, daycare, family care home or shelter as defined elsewhere in the ordinance.

Effective on: 1/1/1901

CONTIGUOUS AREA. Any area which abuts directly on a subject property or is separated from the subject property by a street or the right-of-way of a railroad or other utility or public service corporation.

Effective on: 1/1/1901

CORNER LOT. See “Lot, Corner.”

Effective on: 1/1/1901

CORRECTIONAL FACILITY. A jail or other institutional facility used to confine or provide treatment or rehabilitation to those accused of violations of criminal laws, including facilities for persons who are participating in supervised work-release programs, whether such facilities provide confinement for all of each twenty-four hour period or only a portion thereof; but not including temporary holding facilities that are accessory to a police station or court facility.

Effective on: 1/1/1901

CREMATORY. An establishment either part of or separate from a funeral home or veterinary services establishment that contains a furnace for the purpose of cremating the bodies of deceased persons or animals.

Effective on: 1/1/1901

CRITICAL ROOT ZONE. The area under a tree, which includes all land within the drip-line of the tree. The drip-line is measured by a vertical line extending from the outermost portion of a tree’s canopy to the ground.

Effective on: 1/1/1901

CUL-DE-SAC. A short minor street having one end open to traffic and the other permanently terminated by a vehicular turnaround.

Effective on: 1/1/1901

CUPOLA. A light structure on a dome or roof, serving as a belfry, lantern or belvedere.

Effective on: 1/1/1901

DAY CARE CENTER. Any day-time care arrangement for six (6) or more pre-school age children and/or four (4) or more school-aged children or adults who receive care away from their primary residence by persons other than their parents, children, grandparents, aunts, uncles, brothers, sisters, first cousins, nieces, nephews, guardians, or full-time custodians, where care is provided on a regular basis at least once per week for more than four (4) but less than twenty-four hours per day.

Effective on: 1/1/1901

DAY CARE HOME. A type of customary home occupation that provides day-time care for five (5) or fewer pre-school age children and/or three (3) or fewer school-aged children or adults who receive care away from their primary residence by persons other than their parents, children, grandparents, aunts, uncles, brothers, sisters, first cousins, nieces, nephews, guardians, or full-time custodians, where care is provided on a regular basis at least once per week for more than four (4) but less than twenty-four hours per day.

Effective on: 1/1/1901

DECIDUOUS. A plant or tree with foliage that is shed annually.

Effective on: 1/1/1901

DEED RESTRICTION. A restriction on the use of a lot or parcel of land that is set forth in the deed and recorded with the county register of deeds. Also known as a restrictive covenant.

Effective on: 1/1/1901

DENSITY BONUS. An additional number of residential dwelling units per acre of land permitted when a developer meets specified performance standards.

Effective on: 1/1/1901

DENSITY, RESIDENTIAL. The number of residential dwelling units per acre of land, determined by dividing the number of dwelling units by the total number of acres in the parcel to be developed.

Effective on: 1/1/1901

DETENTION STRUCTURE. A permanent structure designed for the temporary storage of stormwater runoff in order to reduce the peak rate of discharge from a site.

Effective on: 1/1/1901

DEVELOPER. Any person actively engaged in the development of land. See “Applicant.”

Effective on: 1/1/1901

DEVELOPMENT. The carrying out of any building activity, the making of any material change in the use or appearance of any structure or land, or the subdividing of land into two (2) or more parcels.

1. Except as provided in subsection (C) hereof, for the purposes of these regulations, the following activities or uses shall be considered “development”:
   1. The reconstruction, alteration of the size, or material change in the external appearance of a structure on land or water;
   2. A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land;
   3. Alteration of the shore or bank of a pond, lake, river, or other waterway;
   4. Commencement of drilling (except to obtain soil samples), mining, or excavation on a parcel of land;
   5. Grading or land disturbing activity; or
   6. Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
2. “Development” includes all other activity customarily associated with it. When appropriate to the context, “development” refers to the act of developing or to the result of development. Reference to any specific operation is not intended to mean that the operation or activity when part of other operations or activities is not development. Reference to particular operations is not intended to limit the generality of this definition.
3. For the purposes of these regulations the following operations or uses shall not be considered “development”; some may, however, require a zoning permit:
   1. Work involving the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the color or decoration of the exterior of the structure or interior alterations that do not change the use for which the structure was constructed;
   2. Work involving the maintenance or replacement of existing landscaped areas and existing rights-of-way;
   3. A change in use of land or structure from a use within a specified category of use to another use in the same category;
   4. A change in the ownership or form of ownership of any parcel or structure;
   5. The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land, or other rights in land unless otherwise specifically required bylaw;
   6. The clearing of survey cuts or other paths of less than four (4) feet in width; or
   7. Timbering or silviculture activity that does not involve land disturbing activity.

Effective on: 1/1/1901

DIAMETER AT BREAST HEIGHT (DBH). The caliper of an existing semi-mature or mature tree measured at four and one-half feet above the existing ground on the uphill side of the tree.

Effective on: 1/1/1901

DISTURBED AREA. An area subject to erosion due to the removal of vegetative cover and/or earthmoving activities.

Effective on: 1/1/1901

DORMER. A projecting structure built out from a sloping roof, usually housing a vertical window or ventilating louver.

Effective on: 1/1/1901

DORMITORY. A building containing bathroom facilities available for common use by the residents of the building, which is occupied or intended to be occupied as the dwelling for more than six persons who are not related by blood, marriage, or adoption but who are enrolled in, affiliated with, or employed by the same educational, religious, or health institution and which is co-located with and subordinate to such institution. “Dormitory” shall not include a boarding house, motel, hotel, group home, or health institution.

Effective on: 1/1/1901

DOUBLE FRONTAGE LOT. See “Lot, Double Frontage.”

Effective on: 1/1/1901

DRIVE-THROUGH/DRIVE-IN USE. A customer service facility located within the principal structure as an accessory to an office or retail establishment which is intended to enable the customer to transact business with a sales or service representative located within the principal structure without exiting the motor vehicle.

Effective on: 1/1/1901

DRY CLEANING AND LAUNDRY SERVICES. A building, portion of a building, or premises used for the collection and distribution of dry cleaning or the cleaning of fabrics, textiles, wearing apparel, or articles of any sort without the immersion of such articles in volatile solvents including, but not limited to petroleum distillates, and/or chlorinated hydrocarbons and any process incidental thereto. It is intended that uses in this category shall not pose a significant threat to the health and safety of the public or adjacent uses and that such may legally discharge all liquid waste into a public sanitary sewer or private septic system.

Effective on: 1/1/1901

DWELLING UNIT. A room or combination of rooms designed for year-round habitation, containing a bathroom and kitchen facilities, and designed for or used as a permanent residence by at least one family.

Effective on: 1/1/1901

DWELLING, TWO-FAMILY. A development in which there are two (2) dwelling units on the same lot, whether or not there is any other development on the same lot. This term includes a duplex but does not include a single family dwelling with another dwelling unit on the same lot that meets the definition of and is permitted as an accessory dwelling unit.

FIGURE A.2: TWO-FAMILY DWELLING

Effective on: 1/1/1901

DWELLING, MULTI-FAMILY Type 1. A development in which there are three (3) or more dwelling units on the same lot and where dwelling units are placed wholly or partly vertically above another dwelling unit or other use. This definition may include condominiums and apartment complexes. This definition may also include mixed-use buildings where residential uses are placed above commercial or other uses.

FIGURE A.3: MULTI-FAMILY DWELLING

Effective on: 5/1/2023

|DWELLING, MULTI FAMILY, TYPE 2

 A development in which there are three (3) or more dwelling units on the same lot, where no dwelling units are placed wholly or partially vertically above another dwelling unit or other use. This definition may include condominiums, apartment complexes, townhomes, and cottage homes. This definition does not include mixed-use buildings where residential and other uses are vertically placed above one another

(There are no ordinances associated with this section.) 

Effective on: 5/1/2023

DWELLING, SINGLE-FAMILY. A development that contains one (1) dwelling unit that is the primary dwelling on the lot, regardless of whether the dwelling is detached or attached, or whether there are other primary uses on the same lot. This term includes such housing types as modular housing units built to North Carolina Building Standards and where there is only one (1) dwelling located on the same lot as a commercial use. A second dwelling meeting the definition of and permitted as an accessory dwelling unit may also be located on lot with a single family dwelling.

FIGURE A.4: SINGLE-FAMILY DWELLING

Effective on: 1/1/1901

EASEMENT. A grant of one or more of the property rights for a specific purpose by the property owner to, or for the use by, the public or another person.

Effective on: 1/1/1901

EASEMENT, NEGATIVE ACCESS. An easement, which allows no driveway or other vehicles, access to a lot from an adjacent public street.

Effective on: 1/1/1901

ELECTRONIC GAMING OPERATIONS. Any business enterprise, whether as a principal or an accessory use, where persons utilize electronic machines, including, but not limited to computers and gaming terminals, to conduct games of chance, including sweepstakes, and where cash, merchandise, or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is determined by electronic games played or by predetermined odds. The term includes, but is not limited to internet sweepstakes, internet sweepstakes café, video sweepstakes, or cybercafés, which have a finite pool of winners. This does not include any lottery endorsed by the State of North Carolina.

Effective on: 1/1/1901

EMERGENCY SERVICES. Government or institutional organizations that respond to emergency situations. These organizations generally provide police, EMT/EMS, ambulance, and firefighting services.

Effective on: 1/1/1901

EMERGENCY SHELTER. A facility providing temporary housing for one or more individuals who are temporarily or permanently homeless due to disaster, evacuation or other similar civil emergency.

Effective on: 1/1/1901

ENGINEER. A person licensed to practice engineering in the State of North Carolina.

Effective on: 1/1/1901

EQUESTRIAN USE. An establishment where horses are boarded and cared for, where instruction in riding, jumping, and showing is offered, or where horses may be hired for riding.

Effective on: 1/1/1901

EVERGREEN. A plant or tree with foliage that persists year-round.

Effective on: 1/1/1901

EXISTING DEVELOPMENT. (Applies only to the watershed overlay district) Existing development means projects that are built or projects that at a minimum have established a vested right under North Carolina zoning law as of the effective date of the amendment incorporating water supply watershed regulations into the Bermuda Run zoning ordinance based on at least one of the following criteria:

1. Substantial expenditures of resources (time, labor, money) based on a good faith reliance upon having received a valid local government approval to proceed with the project; or
2. Having an outstanding valid building permit; or
3. Having an approved site specific or phased development plan.

For projects that require a state permit, such as landfills, NPDES wastewater discharges, land application of residuals and road construction activities, existing development shall be defined as those projects that are built or those projects for which a state permit was issued prior to August 3, 1992.

Effective on: 1/1/1901

EXISTING LOT OF RECORD. A lot which is part of a subdivision, a plat of which has been recorded in the office of the register of deeds prior to the adoption of this ordinance, or a lot described by metes and bounds, the description of which has been so recorded prior to the adoption of this ordinance.

Effective on: 1/1/1901

EXTERIOR FEATURES. The architectural style, general design, and general arrangement of the exterior of a structure, including the kind, texture, and color of building materials, the size and scale of the building, and the type and style of all windows, doors, light fixtures, signs, and other appurtenant fixtures, and including the landscaping and natural features of the parcel containing the structure.

Effective on: 1/1/1901

FAÇADE. Any front, side, or rear exterior wall of a building extending from grade to the top of the parapet, wall, or eaves that is exposed to public view.

Effective on: 1/1/1901

FAMILY CARE HOME. A facility falling under NCGS 168-22 that is licensed by the State of North Carolina as a family care home with support and supervisory personnel that provide room and board, personal care, and habilitation services in a family environment in a single housekeeping unit for not more than six (6) resident persons, with a temporary or permanent physical, emotional, or mental disability including, but not limited to, mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances and orthopedic impairments, but not including mentally ill persons who are dangerous to others. “Dangerous to others” means that within the relevant past, the individual has inflicted or attempted to inflict or threatened to inflict serious bodily harm on another, or has acted in such a way as to create a substantial risk of serious bodily harm to another, or has engaged in extreme destruction of property; and that there is a reasonable probability that this conduct will be repeated. Previous episodes of dangerousness to others, when applicable, may be considered when determining reasonable probability of future dangerous conduct. Clear, cogent, and convincing evidence that an individual has committed a homicide in the relevant past is prima facie evidence of dangerousness to others.

Effective on: 1/1/1901

FARMER’S MARKET. The seasonal selling or offering for sale at retail of vegetables or produce, occurring in a pre-designated area, where the vendors are generally individuals who have raised the vegetables.

Effective on: 1/1/1901

FACILITY. The buildings or other man-made improvements associated with a land use.

Effective on: 1/1/1901

FENCE OR WALL, OPAQUE. A vertical structure which does not allow light to pass through.

Effective on: 1/1/1901

FENESTRATION. The design and positioning of windows and doors in a building or structure.

Effective on: 1/1/1901

FLAG. A piece of durable fabric of distinctive design attached to a permanent pole, that is used as a symbol or decorative feature which represents a country, state, or other political subdivision.

Effective on: 1/1/1901

FLEA MARKET. An occasional or periodic market held in an open area or structure where goods are offered for sale to the general public by individual sellers from open facilities or temporary structures.

Effective on: 1/1/1901

FLOOD. A temporary rise in stream flow or stage that results in water over topping stream banks and inundating areas adjacent to the watercourse.

Effective on: 1/1/1901

FLOOD BOUNDARY AND FLOODWAY MAP. An official map on which the Federal Emergency Management Agency has delineated both the floodway and floodway fringe areas. Said maps also contain cross section information relevant to both the floodway and floodway fringe areas with data available in official reports supplied by the Federal Emergency Management Agency.

Effective on: 1/1/1901

FLOOD LIGHT. A form of lighting fixture designed to direct the output of a contained lamp in a more-or-less specific direction, utilizing reflecting or refracting elements located external to the lamp.

Effective on: 1/1/1901

FLOODPLAIN, ONE HUNDRED YEAR. The channel and area abutting a watercourse, which would be covered with water during a 100-year flood as designated by the most recent reports and data provided by the Federal Emergency Management Agency.

Effective on: 1/1/1901

FLOODPLAIN, FIVE HUNDRED YEAR. The channel and area abutting a watercourse, which would be covered with water during a 500 year flood as designated by the most recent reports and data provided by the Federal Emergency Management Agency.

Effective on: 1/1/1901

FLOODWAY. The portion of the channel and floodplain of a stream designated by the most recent Federal Emergency Management Agency reports and data as adequate to provide passage for the one hundred year flood, without increasing the elevation of that flood at any point by more than one foot.

Effective on: 1/1/1901

FLOODWAY FRINGE. An area lying outside the floodway, but within the floodplain.

Effective on: 1/1/1901

FLOOR. The top surface of an enclosed area in a building (including the basement) such as the top of the slab in concrete slab construction or the top of the wood flooring in wood frame construction.

Effective on: 1/1/1901

FLOOR AREA. The sum of the gross horizontal areas of each floor of the principal building, and any accessory buildings or structures, measured from the exterior walls or from the center line of party walls. The term does not include any area used exclusively for the surface parking of motor vehicles or for building or equipment access, such as stairs, elevator shafts, and maintenance crawl space.

Effective on: 1/1/1901

FLOOR AREA RATIO (FAR). The total floor area of the building or buildings on a lot or parcel divided by the gross area of the lot or parcel.

Effective on: 1/1/1901

FOOTCANDLE. One lumen per square foot. Unit of illuminance. It is the luminous flux per unit area in the imperial system. One footcandle equals approximately ten (10.8) lux.

Effective on: 1/1/1901

FOWL. For the purposes of this Ordinance, fowl included any type of bird kept domestically for food or any other purpose, which includes but is not limited to chickens, turkeys, ducks, geese, ostriches, peacocks, guineas, emus, and similar birds. Small fowl are 15 pounds or less. Large fowl are greater than 15 pounds.

Effective on: 1/1/1901

FREEWAY OR EXPRESSWAY. “See Street Classifications.”

Effective on: 1/1/1901

FRONT LOT LINE. See “Lot Line, Front.”

Effective on: 1/1/1901

FRONT YARD. See “Yard, Front.”

Effective on: 1/1/1901

FRONTAGE, LOT. The lot boundary which coincides with a public street or space.

Effective on: 1/1/1901

FRONTAGE, BUILDING. The façade of a structure facing a public street right-of-way or internal development access drive.

Effective on: 1/1/1901

FRONTAGE BUILDOUT. The portion of lot frontage which has a building or wall running parallel to it.

Effective on: 1/1/1901

FULL CUTOFF LIGHT FIXTURE. A luminaire light distribution where no light is emitted above the horizontal, and where the intensity at eighty degrees from nadir is no greater than 100 candela per 1000 lamp lumens.

Effective on: 1/1/1901

FULLY SHIELDED LIGHT FIXTURE. A lighting fixture constructed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal as determined by photometric test or certified by the manufacturer. Any structural part of the light fixture providing this shielding must be permanently affixed.

Effective on: 1/1/1901

FUNERAL HOME. An establishment engaged in undertaking services, such as preparing the human dead for burial and in arranging and managing funerals. This definition includes crematories and mortuaries.

Effective on: 1/1/1901

GLARE. The sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility; blinding light. The magnitude of glare depends on such factors as the size, position, brightness of the source, and on the brightness level to which the eyes are adapted.

Effective on: 1/1/1901

GOLF COURSE. An area designed for golf, including a Par 3 golf course, having at least nine (9) holes, each with a tee, fairway, and green, and may have one or more hazards. A clubhouse, pool and other facilities associated with a country club built around a golf course are considered part of the golf course.

Effective on: 1/1/1901

GOLF DRIVING RANGE. An open air golf practice facility.

Effective on: 1/1/1901

GOLF, TENNIS, SWIMMING CLUBS, & RELATED USES (PRIVATE). An establishment that provides golf, tennis, and swimming amenities to its members. This definition includes any associated clubhouse, pro-shops, concession stands, locker rooms, restrooms, and similar facilities.

Effective on: 1/1/1901

GOLF, TENNIS SWIMMING CLUBS & RELATED USES (PUBLIC). An establishment that provides golf, tennis, and swimming amenities to the general public. This definition includes any associated clubhouse, pro-shops, concession stands, locker rooms, restrooms, and similar facilities.

Effective on: 1/1/1901

GOVERNMENT OFFICE BUILDINGS. The offices of the executive, legislative, judicial, administrative and regulatory branches of federal, state and local governments.

Effective on: 1/1/1901

GRADE. The elevation of the land or land which is level at a specific point.

Effective on: 1/1/1901

GRADE, EXISTING. The elevation along the ground surface of a site as recorded in topographic mapping at two foot or four foot contour intervals, on file in the Office of the planning department, or as surveyed and mapped at a contour interval of not more than four feet, by a licensed surveyor.

Effective on: 1/1/1901

GRADE, FINISHED. The elevation at the top of the ground, walk, or terrace where the ground, walk, or terrace intersects the exterior walls of a structure or the vertical supports of a sign.

Effective on: 1/1/1901

GREENHOUSE OR HORTICULTURAL NURSERY. An establishment primarily engaged in the growing and cultivating of trees, shrubs, other plants, seeds, bulbs, mulches, soil and the like. For purposes of permitted uses, other than for special events held no more than (3) times per year, the sale of any products from the site whether trees, shrubs, other plants, seeds, bulbs, mulches, soil, soil conditioners, fertilizers, pesticides, and other garden supplies, shall mean the use of the site is primarily Retail rather than greenhouse or horticultural nursery. 

Effective on: 1/1/1901

GREENWAY. A linear open space along a natural or constructed corridor, which may be used for pedestrian or bicycle passage. Greenways often link areas of activity, such as parks, cultural features, or historic sites with each other and with populated areas.

Effective on: 1/1/1901

GROUND COVER. Any plant material that reaches an average height of not more than twelve inches.

Effective on: 1/1/1901

HANDICAPPED PERSON. A person with a physical or mental impairment which substantially limits one or more of such person’s life activities; a record of having such impairment; or being regarded as having such an impairment. This definition does not include current illegal use of or addiction to a controlled substance. This definition includes children, but does not include persons who are dangerous to others as defined by G.S. 122C-3.11(b).

Effective on: 1/1/1901

HAZARDOUS MATERIAL. Any substance listed as such in the Superfund Amendments and Reauthorization Act (SARA) Section 302, Extremely Hazardous Substances; the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Hazardous Substances;

Section 311 of the Clean Water Act (CWA) (oil and hazardous substances); or any solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics may:

1. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
2. Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.

Effective on: 1/1/1901

HAZARDOUS MATERIALS TREATMENT FACILITY. A building, structure or use of land devoted, or intended to be devoted, primarily to changing by any method, technique or process, including incineration or neutralization, the physical, chemical, or biological character of any hazardous material so as to neutralize such material or render it non-hazardous, safer for transport, amenable for recovery, amenable for storage or reduced in bulk. Such a use may also contain temporary storage facilities normally associated with these operations and of sufficient size to conduct a commercially feasible operation. However, under no circumstances is a hazardous materials treatment facility to be construed to be any of the following:

1. A facility which manufactures hazardous materials from component non-hazardous materials;
2. A facility or location for the long term or perpetual storage of hazardous materials; or
3. A facility for the treatment of hazardous materials which is clearly subordinate, incidental and related to the principal structure, building or use of land and is located on the same lot as the principal structure, building or use.

Effective on: 1/1/1901

HAZARDOUS SUBSTANCE. Any chemical defined as a physical hazard or a health hazard under standards of North Carolina Administrative Code 7C.0101(a)(105). Physical hazards include, but are not limited to, chemicals, which are combustible, explosive, flammable, and reactive. Health hazards include, but are not limited to, chemical, which are carcinogens, toxins, corrosives, or irritants.

Effective on: 1/1/1901

HAZARDOUS WASTE MANAGEMENT FACILITY. Any commercial hazardous waste facility which accepts hazardous waste from the general public or from another person for a fee, but does not include any facility owned or operated by a generator of hazardous waste solely for its own use. A hazardous waste facility means a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste. This definition includes hazardous materials treatment facilities as defined herein.

Effective on: 1/1/1901

HEIGHT, BUILDING. The vertical distance measured from the average elevation of the finished grade of all sides of a building, measured at the midpoint of each side, to the topmost elevation of the roof or to the topmost projection of the building above any roof, including parapet walls. Enclosed penthouses or equipment rooms are considered a part of the building and included in the calculation of building height.

FIGURE A.5: HEIGHT MEASUREMENTS

Effective on: 1/1/1901

HOME OCCUPATION, CUSTOMARY. A business, profession, occupation, or trade which is conducted within a residential dwelling for the economic gain or support of a resident of the dwelling, and which is incidental and secondary to the residential use of the building. This definition includes day care homes and does not include tattoo and/or body piercing operations.

Effective on: 1/1/1901

HOME OCCUPATION, INTENSIVE. A business, profession, occupation, or trade which is conducted within a residential dwelling or residential accessory structure for the economic gain or support of a resident of the dwelling, and which is incidental and secondary to the residential use of the building. This definition includes home occupations that provide the following services: “animal services (no outdoor kennels)”, “artists, craftsmen”, “personal service uses”, “professional offices”, and “services, other (no outdoor storage)”.

Effective on: 1/1/1901

HOSPITAL. A facility providing medical, psychiatric, or surgical services for sick or injured persons, including emergency treatment, diagnostic services, training, research, and administration.

Effective on: 1/1/1901

HOTEL. A building containing more than four individual rooms for the purpose of providing overnight lodging facilities to the general public for compensation, with or without meals, and which has common facilities for reservations and cleaning services, combined utilities, and on-site management and reception services. Hotels may or may not provide onsite parking and access to hotel rooms is generally provided through interior hallways.

Effective on: 5/1/2023

IMPERVIOUS SURFACE COVER. Any structure or material which significantly reduces or prevents natural absorption of stormwater into the soil. Impervious surface cover includes any built upon area including, but not limited to, buildings or other structures with roofs, sidewalks, driveways, parking lots, streets, and any concrete, stone, brick, asphalt, or gravel surface. For purposes of calculating impervious surface coverage requirements pursuant to the zoning ordinance, wooden slatted decks and the water area of a swimming pool are considered pervious.

Effective on: 1/1/1901

IMPROVEMENT. Any structure or constructed feature not included under the definition of structure.

Effective on: 1/1/1901

INFILL DEVELOPMENT. The construction of a building or buildings on a vacant parcel of than two (2) acres or less located in a predominately built up area.

Effective on: 1/1/1901

INSTALLED. The attachment, or assembly fixed in place, whether or not connected to a power source, of any outdoor light fixture.

Effective on: 1/1/1901

JAIL. A building, and all accessory uses and structures, used to confine, house, and supervise persons who are serving terms of imprisonment for violations of criminal laws or who are awaiting trial for alleged violations of criminal laws, but not including temporary holding facilities that are accessory to a police station and not including any housing or other facilities for persons who are participating in work-release programs or who have previously served and completed terms of imprisonment for violations of criminal laws.

Effective on: 1/1/1901

JUNKYARD, SALVAGE YARDS, & RECYCLING OPERATIONS. The use any lot for the storage, keeping, or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of automobiles or other vehicles, machinery or parts thereof regardless of whether such material is for sale or recycling.

Effective on: 1/1/1901

KENNEL, INDOOR. A use within a fully-enclosed structure intended and used for the breeding or accommodation of small domestic animals for sale and/or for the training or overnight boarding of animals for persons other than the owner of the lot. This definition shall not include a veterinary clinic in which the overnight boarding of animals is necessary for or accessory to the testing and medical treatment of the physical disorders of animals.

Effective on: 1/1/1901

KENNEL, OUTDOOR. A use outside of a fully-enclosed structure intended and used for the breeding or accommodation of small domestic animals for sale and/or for the training or overnight boarding of animals for persons other than the owner of the lot.

Effective on: 1/1/1901

LANDFILL, CONSTRUCTION AND DEMOLITION. A landfill which accepts construction or demolition debris or waste including solid waste from construction, remodeling, repair or demolition operations on pavement, buildings, or other structures.

Effective on: 1/1/1901

LANDFILL, LAND CLEARING AND INERT DEBRIS (LCID). A landfill that is limited to receiving land clearing waste, concrete, brick, concrete block, uncontaminated soil, gravel and rock, untreated and unpainted wood, and yard trash.

Effective on: 1/1/1901

LANDFILL, SANITARY. A facility for the disposal of all types of solid wastes, excluding hazardous wastes or toxic substances.

Effective on: 1/1/1901

LANDSCAPING. The installation and maintenance of trees, shrubs, plant materials, and/or ground cover, including grass, mulch, decorative stone and similar materials, but excluding bare soil, uncultivated vegetation, impervious pavement materials, and gravel.

Effective on: 1/1/1901

LARGE TREE. A tree whose height is greater than thirty-five feet at maturity and meets the specification of the American Standards for Nursery Stock published by the American Association of Nurserymen.

Effective on: 1/1/1901

LANDSCAPE ARCHITECT. A person licensed to practice landscape architecture in the State of North Carolina.

Effective on: 1/1/1901

LIBRARY, PUBLIC. A publicly operated facility housing a collection of books, magazines, audio and video tapes, or other material for use by the general public.

Effective on: 1/1/1901

LIGHT TRESPASS. Light falling where it is not wanted or needed, typically across property boundaries.

Effective on: 1/1/1901

LINEAR FRONTAGE. The length of a property abutting a public right-of-way from one side lot line to another.

Effective on: 1/1/1901

LINTEL. A beam supporting the weight above a door or window opening.

Effective on: 1/1/1901

LIVESTOCK. Domesticated four-legged mammals including but not limited to cows, horses, sheep, goats, llamas, swine, rabbits and similar animals. Small livestock are 15 pounds or less. Large livestock are greater than 15 pounds.

Effective on: 1/1/1901

LIVESTOCK SALES AND AUCTIONS. A commercial establishment where livestock are collected for sale or auction.

Effective on: 1/1/1901

LOGO. A business trademark or symbol.

Effective on: 1/1/1901

LOT. A parcel of land or any combination of several parcels of land occupied or intended to be occupied by a principal use or structure, together with any accessory structures or uses and such accessways, parking area, yards, and open spaces required in these regulations.

Effective on: 1/1/1901

LOT, ADJACENT. See “Adjacent Property.”

Effective on: 1/1/1901

LOT, CORNER. A lot located at the intersection of two or more streets, or abutting a curved street or streets in such a way that the front building line meets either side lot line at an interior angle of less than one hundred thirty-five degrees.

Effective on: 1/1/1901

LOT COVERAGE. That portion of the lot area, expressed as a percent that is covered by impervious surface cover.

Effective on: 1/1/1901

LOT LINE. A line or series of connected line segments bounding a lot.

Effective on: 1/1/1901

LOT LINE, FRONT. In the case of an interior lot, the lot line separating said lot from the street. In the case of a corner lot or through lot, the lot line separating said lot from the street that is designated as the fronting primary street in the request for a permit.

Effective on: 1/1/1901

LOT LINE, INTERIOR. A side lot line, which separates one lot from another lot.

Effective on: 1/1/1901

LOT LINE, REAR. That lot line which is opposite and most distant from the front lot line, except in the case of a triangular lot, a line ten feet in length, entirely within the lot, parallel to, and at the maximum distance from the front lot line, or a chord thereof if the front lot line is curved, shall be considered as the rear lot line for purposes of determining the required rear yard. In cases where neither of these conditions is applicable, the zoning administrator shall designate the rear lot line.

Effective on: 1/1/1901

LOT LINE, SIDE CORNER. A lot line other than a front or rear lot line that abuts a secondary street right-of-way.

Effective on: 1/1/1901

LOT LINE, SIDE INTERIOR. A lot line other than a front or rear lot line that does not abut a street right-of-way.

FIGURE A.10: LOT LINES

Effective on: 1/1/1901

LOT OF RECORD. A lot described by plat or by metes and bounds which has been recorded in the office of the Burke County register of deeds.

Effective on: 1/1/1901

LOT WIDTH. The horizontal distance between the side lot lines at the building setback line as measured along a straight line parallel to the front lot line or parallel to the chord thereof.

Effective on: 1/1/1901

LOT, ZONING. A parcel or contiguous parcels of land which is indicated by the owner at the time of application for a building or zoning permit as being that land which is proposed for development under a single development plan.

Effective on: 1/1/1901

MAINTAINED EASEMENT. A recorded right of way made of crushed gravel, pavement, or graded and cleared of brush, so as to permit access by vehicles

Effective on: 1/1/1901

MANUFACTURED HOME. A dwelling unit that: a) is not constructed in accordance with the standards of the North Carolina State Building Code for one and two family dwellings; b) is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis; c) meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction; and d) satisfies the additional criteria of Section 3.2.2.

Effective on: 1/1/1901

MANUFACTURED HOME PARK. A lot of record containing two (2) or more spaces leased or intended for occupancy by manufactured homes used as residential dwellings regardless of whether such homes are provided as part of the lease and including all uses accessory to the residential use. This definition shall not include manufactured home sales lots on which unoccupied manufactured homes are parked for the purpose of inspection and sale.

Effective on: 1/1/1901

MANUFACTURED HOME SPACE. The land in a manufactured home park allotted to or designated for the accommodation of one manufactured home.

Effective on: 1/1/1901

MANUFACTURING, PROCESSING, & ASSEMBLY, TYPE A. A manufacturing establishment inside a fully-enclosed building primarily engaged in the fabrication or assembly of products from pre-structured materials or components. Because of the nature of its operations and products, Type A manufacturing produces little or no noise, odor, vibration, glare, and/or air and water pollution outside of the facility, and, therefore, has low impact on surrounding properties. This definition includes apparel manufacturing, transportation equipment, wood kitchen cabinet and countertop manufacturing, other miscellaneous manufacturing, motorcycle, bicycle and parts manufacturing, furniture and related product manufacturing, computer and peripheral equipment manufacturing, communications equipment manufacturing, audio and video equipment manufacturing, electric lighting equipment manufacturing, electrical equipment manufacturing, medical equipment and supplies manufacturing, food manufacturing, printing and related support activities.

Effective on: 1/1/1901

MANUFACTURING, PROCESSING, & ASSEMBLY, TYPE B. A manufacturing establishment inside or outside a fully-enclosed building primarily engaged in the manufacture of products from extracted or raw materials, the assembly of large or heavy machinery, and the storing or using of flammable, explosive, hazardous, or toxic materials in the manufacturing processes. Because of the nature of its operations and products, Manufacturing, Processing, and Assembly Type B may impact surrounding properties due to noise, odor, vibration, glare, and/or air and water pollution. this definition may include paper manufacturing; tobacco manufacturing; leather product manufacturing; lumber and wood product manufacturing; plastics product manufacturing; primary metal manufacturing; textile and fabric finishing and fabric coating mills; leather and hide tanning and finishing; engineered wood product manufacturing; pulp, paper and paper board mills; petroleum and coal products manufacturing; chemical product and preparation manufacturing; rubber product manufacturing; clay and glass product manufacturing (other than artists and craftsmen); mineral product manufacturing, commercial and service industry machinery manufacturing; and transportation equipment manufacturing.

Effective on: 1/1/1901

MASSAGE AND BODY WORK THERAPY. Any massage or body work therapy as defined by the North Carolina Massage and Bodywork Therapy Practice Act, G.S. 90-621 et.seq., provided by a person licensed as provided therein to perform such therapy.

Effective on: 1/1/1901

MASSING. The shape and form a building or assemblage of buildings assumes through architectural design.

Effective on: 1/1/1901

MEAN SEA LEVEL. The National Geodetic Vertical Datum (NGVD) of 1929, or other datum, to which base flood elevations shown on the flood insurance rate maps for Burke County are referenced.

Effective on: 1/1/1901

MEDICAL OFFICES. An establishment primarily engaged in furnishing medical and surgical services to individuals and licensed for such practice by the state. This definition includes physicians, dentists, chiropractors, opticians, ophthalmologists, psychiatrists, psychologists, and other health practitioners.

Effective on: 1/1/1901

MICROBREWERIES AND WINERIES. Establishments where beer or other malt beverage is brewed, or where wine is fermented, and may be sold and consumed on the premises, provided that production of such beverages on site does not exceed 775, gallons per year, or exceed 1,000,000 gallons per year if in the Central Business District.

Effective on: 1/1/1901

MINING AND QUARRYING OPERATION. An operation for the dredging, digging, extraction, mining, or quarrying of stone, sand, gravel, or minerals for commercial purposes.

Effective on: 1/1/1901

MIXED-USE BUILDING. The combination of both commercial and residential uses within a single building of two (2) or more stories.

Effective on: 1/1/1901

MIXED-USE DEVELOPMENT. A planned development where two (2) or more use categories (commercial, residential, industrial, institutional, etc.) are incorporated on a single development site.

Effective on: 1/1/1901

MOBILE HOME. See “Manufactured Home.”

Effective on: 1/1/1901

MOBILE HOME PARK. See “Manufactured Home Park.”

Effective on: 1/1/1901

MODULAR HOME. A dwelling unit which is constructed in compliance with the North Carolina State Building Code and composed of components substantially assembled in an off-site manufacturing plant and transported to the building site for final assembly on a permanent foundation or other acceptable means established by the North Carolina State Building Code.

Effective on: 1/1/1901

MOTEL. A building containing more than four individual rooms for the purpose of providing overnight lodging facilities to the general public for compensation, with or without meals, and which has common facilities for reservations and cleaning services, combined utilities, and on-site management and reception services. Motels provide on-site parking and access to most rooms is provided directly from a parking area.

Effective on: 1/1/1901

MOTOR VEHICLE. Any vehicle which is self-propelled and every vehicle designated to run upon the highways which is pulled by a self-propelled vehicle. For purposes of this definition, the term motor vehicle shall not include vehicles or implements used in farming or construction but shall include all forms of motorized watercraft.

Effective on: 1/1/1901

MOTOR VEHICLE AND BOAT SERVICES. An establishment engaged in providing mechanical, automotive, marine, fuel, maintenance, and repair services. This use includes service stations, body work or painting, gas stations, motor vehicle and boat repair, and car washes. Outdoor storage associated with such uses may be permitted as indicated in the Permitted Uses Table.

Effective on: 1/1/1901

MOTOR VEHICLE OR BOAT SALES OR RENTAL. Any use where automobiles, boats, or other motor vehicles are stored and/or displayed for the purpose of sale or lease as an entire or complete unit.

Effective on: 1/1/1901

MOTOR VEHICLE STORAGE YARD. An outdoor area for the storage of more than one (1) wrecked, damaged, or inoperative motor vehicle awaiting insurance adjustment, major body work, or other repair, or other disposition. This definition does not include motor vehicle parts (used), waste materials, recyclable material, merchant wholesalers, automotive parts and accessories stores, or tire dealers.

Effective on: 1/1/1901

MOTION PICTURE PRODUCTION. A business or organization that primarily engages in the filming of motion pictures or movies.

Effective on: 1/1/1901

MULTIPLE BUILDING SITE. A group of two (2) or more nonresidential buildings established on a single development tract, having unified design of buildings and coordinated organization of open space, parking, and service areas.

Effective on: 1/1/1901

MULTI-FAMILY. See “Dwelling, Multi-family.”

Effective on: 1/1/1901

MUSEUM OR ART GALLERY. A structure used for the display and preservation of paintings, sculpture, and other constructed or natural objects illustrating human or natural history.

Effective on: 1/1/1901

NATURAL GAS DISTRIBUTION LINES & RELATED APPURTENANCES. Utility lines and related structures that direct natural gas to individual sites.

Effective on: 1/1/1901

NATURAL OBSTRUCTION. Any rock, tree, gravel, or similar natural matter which is an obstruction and has been located within the floodway by a nonhuman cause.

Effective on: 1/1/1901

NET ACREAGE. The remaining area after deleting all portions for proposed and existing streets within a development parcel or subdivision. For parcels including recreational facilities and outdoor display lots, the area devoted to the special use shall also be excluded from the net acreage.

Effective on: 1/1/1901

NONCONFORMING LOT. Any lot of record which does not meet the dimensional requirements established in these regulations as adopted or amended.

Effective on: 1/1/1901

NONCONFORMING STRUCTURE. Any structure which does not comply with all of the standards and regulations of this ordinance as adopted or amended.

Effective on: 1/1/1901

NONCONFORMING USE. Any use of land or buildings which does not comply with all of the regulations of this ordinance as adopted or amended.

Effective on: 1/1/1901

NONRESIDENTIAL DEVELOPMENT. All development other than residential development, agriculture and silviculture.

Effective on: 1/1/1901

OFF-STREET PARKING. Parking which occurs on a lot and not on a street or other public right of way.

Effective on: 1/1/1901

OFFICE. A use or structure in which business or professional services are conducted or rendered.

Effective on: 1/1/1901

OPEN SPACE. Land used for recreation, natural resource protection, amenities, protection of important rural and City vistas and/or buffer yards. Open space may include, but is not limited to, lawns, walkways, active recreation areas, playgrounds, wooded areas, and greenways.

Effective on: 1/1/1901

OPEN SPACE, COMMON. Open space within a development not in individually owned lots, which is designated and intended for the common use or enjoyment of the residents of the development or the public at large.

Effective on: 1/1/1901

OUTDOOR DISPLAY. An area for displaying large items on a regular basis that are for sale or rent outside of a fully enclosed building. Large items include storage buildings and equipment.

Effective on: 1/1/1901

OUTDOOR LIGHTING. Any light source that is installed or mounted outside of an enclosed building, but not including street lights installed or maintained along public or private streets.

Effective on: 1/1/1901

OUTDOOR STORAGE. Any area which contains outdoor storage of bulk materials and/or parts, or areas regularly used for outdoor repair areas or service stations, but excluding temporary construction and related activities and closed bay docks.

Effective on: 1/1/1901

OUTPARCEL. A separately leased or owned lot developed apart from but linked functionally to a larger development site.

Effective on: 1/1/1901

OWNER. Any full or part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety with legal title to the whole or to part of a structure or parcel of land.

Effective on: 1/1/1901

PACKAGE SEWER TREATMENT PLANT. A pre-fabricated set of devices used in the storage, treatment and ultimate discharge or reclamation of sanitary sewer or industrial wastes of a liquid nature.

Effective on: 1/1/1901

PARAPET WALL. A building wall which extends to or above a flat roofed platform or building roof.

Effective on: 1/1/1901

PARCEL. See “Lot.”

Effective on: 1/1/1901

PARK (PUBLIC). Any land owned by the public and open for use by the general public for active or passive recreational purposes or as a refuge for wildlife.

Effective on: 1/1/1901

A drive aisle and the parking located on each side. 

(There are no ordinances associated with this section.) 

Effective on: 5/1/2023

PARKING, LOT OR DECK. A principal or accessory use of a zoning lot with or without a parking structure for use as a place for the temporary or long-term parking of motor vehicles.

Effective on: 1/1/1901

PAWN SHOP. An establishment at which a pawnbroker, as defined in NCGS § 91A- 2, regularly conducts business.

Effective on: 1/1/1901

PEDESTRIAN ORIENTED DEVELOPMENT. Any development type which accommodates the needs of the pedestrian. Such development will have parking to the side or rear of a building, will mix uses and provide them in proximity to one another, will allow the pedestrian the option of accomplishing certain trips without automobile use, and will provide a variety of interesting and detailed streetscapes which equally balance the need of the pedestrian and car.

Effective on: 1/1/1901

PERENNIAL STREAM. A stream or creek containing a continuous natural flow of water throughout the year except possibly under exceptionally dry conditions and identified on seven and one-half minute United States Geological Survey Quadrangle Maps by solid blue lines.

Effective on: 1/1/1901

PERFORMANCE STANDARDS. A set of landscaping, open space, parking, infrastructure and building design development standards for residential development seeking density bonuses or for non-residential development in the Corridor Overlay, River District Overlay, Low Intensity District, Medium Intensity District, or buildings greater than 35 feet tall in the High Intensity District.

Effective on: 1/1/1901

PERSONAL SERVICES. An establishment primarily engaged in providing a service(s) to individuals such as a beauty and/or barber shop, massage therapy, aesthetician, nail salon, or similar uses, but shall not include any use which may be defined as adult entertainment.

Effective on: 1/1/1901

PERVIOUS SURFACE COVER. A surface cover that presents an opportunity for precipitation to infiltrate into the ground.

Effective on: 1/1/1901

PLAN, PLOT. A drawing submitted for review with a Zoning Permit application for the construction of a single-family or two-family dwelling.

Effective on: 1/1/1901

PLAN, SITE. A drawing or set of drawings submitted for review for the development of multi-family residential or non-residential development.

Effective on: 1/1/1901

PLAN, SKETCH. A preliminary drawing preceding a site plan to facilitate discussion between a developer and Development and Design Services Department staff.

Effective on: 1/1/1901

PLANNED DEVELOPMENT. A shopping center, commercial subdivision, business park, mixed use development, or similar development that is developed in accordance with a site-specific development plan and contains unifying characteristics such as site design, building design, and/or sign design.

Effective on: 1/1/1901

PLANTING YARD. Area where required plantings are located.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

POST OFFICE. A facility or structure used for the collection, sorting, and distribution of mail within several zip code areas, having retail services for the general public, such as stamps, postcards, or postal insurance.

Effective on: 1/1/1901

POSTAL FACILITY, NEIGHBORHOOD. A facility that has: distribution boxes (cluster boxes) and collection services for the general public; no mail carriers or retail services; and, is located in a neighborhood where most of the users are within walking distance of the facility, or live in the neighborhood.

Effective on: 1/1/1901

POWER GENERATION/PRODUCTION FACILITIES. Facilities involved in the production and generation of electricity by, but not exclusive to, fossil fuels, wind, water or sun.

Effective on: 1/1/1901

POWER GENERATION/PRODUCTION, SOLAR (INDIVIDUAL USE). Any means by which electricity is generated from the sun and the use of photovoltaic cells for use by an individual property and does not generate electricity for other users.

Effective on: 1/1/1901

POWER GENERATION/PRODUCTION, SOLAR (FARM). Any means by which electricity is generated from the sun and the use of photovoltaic cells for sale to other users not located on the property.

Effective on: 1/1/1901

POWER GENERATION/PRODUCTION, WIND (INDIVIDUAL USE). Any means by which electricity is generated by wind turbines for use by an individual property and does not generate electricity for other users.

Effective on: 1/1/1901

POWER GENERATION/PRODUCTION, WIND (FARM). Any means by which power is generated and produced by wind turbines for sale to other users not located on the property.

Effective on: 1/1/1901

PREMISES. See “Lot.”

Effective on: 1/1/1901

PRINCIPAL BUILDING OR STRUCTURE. A building or structure containing the principal use of the lot.

Effective on: 1/1/1901

PRINCIPAL USE. The primary purpose or function that a lot serves or is proposed to serve.

Effective on: 1/1/1901

PRODUCE STAND (PERMANENT). Seasonal sale of farm products raised on the premises where products are sold only as an accessory to an agricultural use.

Effective on: 1/1/1901

PRODUCE STAND (TEMPORARY). A temporary open air stand or place for the seasonal selling of agricultural produce. A produce stand is portable and capable of being dismantled or removed from the sales site.

Effective on: 1/1/1901

PROFESSIONAL OFFICES. An establishment primarily engaged in providing: engineering, architectural, and surveying services; accounting, auditing, and bookkeeping services; public relations services; legal services; real estate services; the services of insurance agents, brokers and carriers; the services of security and commodity brokers; and the services of bank holding companies. This definition includes newspaper, periodical, book, and database publishers; software publishers; securities and commodity contracts intermediation and brokerage; insurance carriers; agencies, brokerages, and other insurance related activities; real estate agents and brokers; legal services; accounting, tax preparation, bookkeeping, and payroll services; architectural, engineering and related services; computer system design and related services; management, scientific and technical consulting services; advertising and related services (except display advertising); management of companies and enterprises; and travel arrangement and reservation services.

Effective on: 1/1/1901

PROJECT AREA. Any area of land and/or water, regardless of the number of individual parcels contained therein, on which development is proposed under these regulations. See “Development.”

Effective on: 1/1/1901

PROPOSED RIGHT-OF-WAY LINE. The margin of a thoroughfare’s right-of-way at its ultimate intended width, determined by: a) the thoroughfare’s classification; and b) dimensional requirements or location criteria as established in the Subdivision Ordinance.

Effective on: 1/1/1901

PROTEST PETITION. A petition, authorized by state law, submitted to the City council by adjacent property owners in opposition to a proposed zoning amendment.

Effective on: 1/1/1901

PUBLIC. Under the control or responsibility of a governmental entity on behalf of the general population, rather than individual or private control.

Effective on: 1/1/1901

PUBLIC WORKS FACILITY. All production, storage, transmission, and recovery facilities for water, sewerage, telephone, and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the N.C. Utilities Commission. This definition does not include pump stations, lift stations, water towers, utility substations or similar appurtenances.

Effective on: 1/1/1901

QUALIFIED PROFESSIONAL. a professional licensed and/or registered in the state of North Carolina performing services only in their areas of competence. This term shall include only registered land surveyors, registered engineers, registered architects, and registered landscape architects.

Effective on: 1/1/1901

RAIL TERMINAL OR YARD. A railway facility where trains regularly stop to load or unload passengers or freight.

Effective on: 1/1/1901

REDEVELOPMENT. The demolition and reconstruction of a building or a portion of a building.

Effective on: 1/1/1901

REAR LOT LINE. See “Lot Line, Rear.”

Effective on: 1/1/1901

REAR YARD. See “Yard, Rear.”

Effective on: 1/1/1901

RECREATIONAL FACILITY ASSOCIATED WITH A RESIDENTIAL DEVELOPMENT. An area or facility designed to meet the demand for active recreation, including play fields, ball diamonds, parks with picnic and playground equipment, golf courses, tennis courts, swimming pools, tot lots and similar uses, available to the residents of the development in which it is located.

Effective on: 1/1/1901

RECREATION FACILITIES, INDOOR. Establishments engaged in providing indoor recreation services. Such may include public or private health or exercise clubs, gymnasiums, spectator sports facilities, tennis or other racquet courts, swimming pools, YMCA’s, YWCA’s, bowling alleys, skating rinks, or similar uses which are enclosed in buildings and are operated on a fee or membership basis primarily for the use of persons who do not reside on the same lot as that on which the recreational use is located. Indoor recreation structures may include accessory uses, such as snack bars, pro shops, and locker rooms, which are designed and intended primarily for the use of patrons of the principal recreational use.

Effective on: 1/1/1901

RECREATION FACILITIES, OUTDOOR. Establishments engaged in providing outdoor recreation services such as golf driving ranges separate from a golf course, miniature golf, skateboard parks, waterslides, batting cages, and outdoor spectator sports that are located outside of a public park which are not enclosed in buildings and are operated on a commercial or membership basis primarily for the use of persons who do not reside on the same lot as that on which the recreational use is located. Outdoor recreation shall include any accessory uses, such as snack bars, pro shops, and field houses which are designed and intended primarily for the use of patrons of the principal recreational use.

Effective on: 1/1/1901

RECREATIONAL VEHICLE. A vehicle type accommodation, other than a manufactured home, designed as temporary accommodations for travel, vacation, or recreational purposes, which is propelled by its own motive power or is mounted on or drawn by another vehicle.

Effective on: 1/1/1901

RECYCLING CENTER. A facility at which recovered resources, such as newspapers, glassware, and metal and aluminum cans, are collected, stored, flattened, crushed, or bundled within a completely enclosed building. This use does not include motor vehicle parts, used merchant wholesalers, NAICS group 423140, which is listed as a separate use.

Effective on: 1/1/1901

RELIGIOUS INSTITUTION. A facility of a church, temple, synagogue, or other non-profit religious organization operated for worship and which may include religious training or study.

Effective on: 1/1/1901

RESEARCH FACILITY. An establishment primarily engaged in commercial research and providing testing services such as calibration and certification of instruments, food testing services, forensic laboratories, medical laboratories, metallurgical testing, and industrial X-ray inspection services, etc.

Effective on: 1/1/1901

RESIDENTIAL BUILDING. A building which contains one (1) or more dwelling units.

Effective on: 1/1/1901

RESIDENTIAL CARE FACILITY. A licensed multi-unit facility which provides housing, part-time medical care, shared food preparation and dining areas, and recreational facilities, as well as significant social facilities to meet the needs of elderly, handicapped, or ill persons. This use shall not serve primarily as an alternative to incarceration, shall not include individuals who are dangerous to others, as defined in North Carolina General Statute 122C-3(11)b, and shall not include persons living together as a fraternal, sororal, social, honorary, or professional organization. This definition does not include “Family Care Homes”.

Effective on: 1/1/1901

RESIDENTIAL SHELTER. A use for the housing of homeless or displaced persons that may provide beds, bathing facilities, and eating facilities.

Effective on: 1/1/1901

RESTAURANT (WITH DRIVE-THROUGH SERVICE). An establishment which delivers prepared food and/or beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles, for consumption either on or off the premises.

Effective on: 1/1/1901

RESTAURANT (WITHOUT DRIVE-THROUGH SERVICE). An establishment, which serves prepared food and beverages primarily to customers seated at tables or counters located within the building or designated outdoor seating areas. This includes cafes, tea rooms, and outdoor cafes.

Effective on: 1/1/1901

RETAIL. Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

Effective on: 1/1/1901

RETAIL, OUTSIDE FULLY ENCLOSED BUILDING. An establishment that sells or rents large items which require outdoor display including manufactured homes, storage buildings, heavy equipment, and similar items.

Effective on: 1/1/1901

RIGHT-OF-WAY. The legal right of public passage, especially vehicular, over land.

Effective on: 1/1/1901

ROOF LINE. The highest point of a flat roof, and the lowest point of a pitched roof, excluding any minor projections or ornamentation.

Effective on: 1/1/1901

ROOF PITCH. A comparison of the vertical rise to the horizontal run of a roof structure above a building.

Effective on: 1/1/1901

ROOT PROTECTION ZONE. Generally eighteen to twenty-four inches deep at a distance from the trunk equal to one-half of its height or to its drip line, whichever is greater.

Effective on: 1/1/1901

SATELLITE DISH. A type of receive-only antenna, which is dish-shaped and is used to receive satellite signals, primarily television transmissions.

Effective on: 1/1/1901

SENSITIVE AREA. An area not suitable for development which includes the occupancy of animal and plant habitats that are rare and valuable due to their special role in an ecosystem, which could be disturbed by human activities and development. These areas are known to include wetlands, floodplains, and geologically hazardous sites.

Effective on: 1/1/1901

SERVICE ROAD. A local street or road that is parallel to a full or partial access controlled facility and functions to provide access to adjacent land.

Effective on: 1/1/1901

SEWAGE COLLECTION LINES, PUMP STATIONS, & APPURTENANCES. Utilities that collect and direct sewage/wastewater to sewage treatment plants.

Effective on: 1/1/1901

SEWAGE TREATMENT PLANTS. Facilities involved in the process of removing contaminants from wastewater and household sewage.

Effective on: 1/1/1901

SCHOOL, ELEMENTARY AND SECONDARY. A public or private school providing instruction to students in kindergarten through grade twelve.

Effective on: 1/1/1901

SCHOOL, INSTRUCTIONAL. Private institutions for instruction in activities including but not limited to dance, visual art, performing arts, music, martial arts, sports, sewing, and similar activities.

Effective on: 1/1/1901

SCHOOL, PRIVATE. A structure used primarily by and for any two (2) or more age or grade levels not operated by the public school system, but registered with the North Carolina Department of Public Instruction. Any school for children age six or under not meeting these requirements shall be considered a day care facility for purposes of this ordinance.

Effective on: 1/1/1901

SCHOOL, PUBLIC. A structure used primarily by and for any two (2) or more age or grade levels in grades kindergarten through twelve and operated by the public school system or approved by the North Carolina department of public instruction as meeting the requirements of state law. Any school for children age six or under not meeting these requirements shall be considered a day care facility for purposes of this ordinance.

Effective on: 1/1/1901

SCHOOL, TRADE AND VOCATIONAL. A use providing education or training in business, commerce, language, or other similar activity or occupational pursuit, and not otherwise defined as a home occupation, college or university, or elementary or secondary school.

Effective on: 1/1/1901

SCREENING. A fence, wall, hedge, landscaping, buffer area or any combination of these provided to visually shield or obscure one abutting or nearby structure or use from another.

Effective on: 1/1/1901

SERVICES, OTHER. An establishment primarily engaged in providing a service(s) to businesses and individuals that are not otherwise listed in the Permitted Uses Table. All equipment and goods are stored inside a fully-enclosed building, unless outdoor storage is permitted in the zoning district in which the use is located. This definition includes office support services, services to buildings and dwellings, machinery and equipment motor vehicle body repair and maintenance, personal and household goods repair and maintenance, masonry contractors, glass and glazing contractors, roofing contractors, siding contractors, electrical contractors, plumbing, heating, air-conditioning contractors, building equipment and other machinery installation contractors, drywall and insulation contractors, painting and wall covering contractors, floor contractors, tile and terrazzo contractors, finish carpentry contractors, public utility and transportation construction contractors, all other special trade contractors.

Effective on: 1/1/1901

SETBACK. The minimum required horizontal distance between a structure and the lot line or street centerline.

Effective on: 1/1/1901

SETBACK, ESTABLISHED. The setback established by existing structures along a block front.

Effective on: 1/1/1901

SETBACK, REQUIRED. The setback required by this ordinance.

Effective on: 1/1/1901

SHADE TREE. Usually a deciduous tree, rarely an evergreen, planted primarily for its high crown of foliage or overhead canopy.

Effective on: 1/1/1901

SHOOTING RANGE, INDOOR. The use of a completely enclosed structure for archery and/or the discharging of firearms for the purposes of target practice or temporary competitions.

Effective on: 1/1/1901

SHOOTING RANGE, OUTDOOR. The use of land for archery and/or the discharging of firearms for the purposes of target practice or temporary competitions.

Effective on: 1/1/1901

SHOPPING CENTER. A building or group of buildings with two (2) or more uses, either connected or freestanding, which is designed with common parking, pedestrian movement, ingress and egress, and used for the sale of merchandise or services to the public. Shopping centers shall be construed to include all out-parcels, whether or not developed, and shall permit any permitted within the zoning district in which it is located except for those uses that require outdoor storage.

Effective on: 1/1/1901

SHRUB. A woody, branching plant of relatively low height.

Effective on: 1/1/1901

SIGHT DISTANCE TRIANGLE. The triangular area formed by the point of intersection of two street right-of-way lines and a point located along each right-of-way line a distance away from the intersection that varies based on the width of the intersecting rights-of-way.

Effective on: 1/1/1901

SIGN. Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.

Effective on: 1/1/1901

SIGN AREA. The entire area of a sign within a parallelogram, triangle, circle, semi-circle or other regular geometric figure, including all of the elements of the display, but not including blank masking (a plain strip, bearing no advertising matter around the edge of a sign), frames, display of identification or licensing officially required by any governmental body, or structural elements outside the sign surface and bearing no advertising matter.

Effective on: 1/1/1901

SIGN FACE. That part of the sign that is or can be used to identify, advertise, or communicate information or that is used to attract the attention of the public for any purpose. This definition includes any frame, structural member, or other part of the sign when such is designed or used, including the use of color or lighting, to attract the attention of the public.

Effective on: 1/1/1901

SIGN HEIGHT. The distance from the base of the sign at normal grade to the top of the highest attached component of the sign.

Effective on: 1/1/1901

SIGN STRUCTURE. The frame supporting a freestanding sign, wall sign, projecting sign, suspended sign, portable sign, marquee sign, or roof sign and poles or supports used to elevate or support the frame.

Effective on: 1/1/1901

SIGN TYPES. See ARTICLE 5 for descriptions of all sign types.

Effective on: 1/1/1901

SIGNIFICANT TREE. Any tree other than a pine tree with a caliper of 18 inches or more.

Effective on: 1/1/1901

SITE PLAN. A scaled plan showing uses and structures proposed for a parcel of land as required by this ordinance, which includes lot lines, streets, building sites and buildings, reserved open space, major landscape features (natural and manmade), and the location of proposed utility lines when applicable in addition to other features which may be required by this ordinance.

Effective on: 1/1/1901

SMALL TREE. A tree whose height is less than thirty-five feet at maturity and meets the specifications of American Standards for Nursery Stock published by the American Association of Nurserymen.

Effective on: 1/1/1901

SOCIAL, FRATERNAL, AND PHILANTHROPIC CLUB OR LODGES (NON-PROFIT). A building or land used for the activities of a non-profit private club or social organization and not adjacent to, operated as, or in connection with a public tavern, cafe, or other place open to the public.

Effective on: 1/1/1901

SOLID WASTE. Any hazardous or non-hazardous garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, institutional, commercial, agricultural, and land clearing operations. This term does not include the following:

1. Fowl and animal fecal waste;
2. Solid or dissolved material in any of the following:
   1. Domestic sewage, and sludge generated by the treatment thereof, in sanitary sewage disposal systems which have a design capacity of more than 3,000 gallons or which discharge effluents to the surface waters,
   2. Irrigation return flows; or
   3. Wastewater discharges, and the sludge incidental thereto and generated by the treatment thereof, which are point sources subject to permits granted under Section 402 of the Federal Water Pollution Control Act, as amended (33 U.S.C. Sec. 1251 et seq.) and permits granted under NCGS 143-215.1 by the Environmental Management Commission;
3. Oils and other liquid hydrocarbons controlled under Article 21A of Chapter 143 of the North Carolina General Statutes;
4. Any radioactive material as defined by the North Carolina Radiation Protection Act (NCGS 104E-1 through 104E-23); or
5. Mining refuse covered by the North Carolina Mining Act (NCGS 74-46 through 74-68), and regulated by the North Carolina Mining Commission (as defined under NCGS 143B-290).

Effective on: 1/1/1901

SPECIMEN TREE. A specimen tree is a tree (or group of trees) that may be considered important community assets due to their unique or noteworthy characteristics or values. A tree may be considered a specimen tree based on its size, age, rarity or special historical or ecological significance and may also meet the following criteria:

1. Large hardwoods (e.g., oaks, poplars, maples, etc.) and softwoods (e.g., pines sp.) in good or better condition with a DBH of twenty-four inches or greater.
2. Smaller understory trees (e.g., dogwoods, redbuds, sourwoods, persimmons, etc.) in good or better condition with a DBH of 12 inches or greater
3. Lesser-sized trees of rare species or special intrinsic value as approved by the City.

Effective on: 1/1/1901

SPOT LIGHT. A lighting assembly designed to direct the output of a contained lamp in a specific tightly focused direction (a beam) with a reflector located external to the lamp.

Effective on: 1/1/1901

STEALTH TELECOMMUNICATIONS ANTENNAE. Telecommunications antennae which are housed within a building or on a structure so that the antennae are disguised as some other permitted structure or use.

Effective on: 1/1/1901

STORAGE TANKS, ABOVE GROUND. Storage tanks located above ground which are accessory to industries or businesses in their operations and are used to store chemicals, fuels, water, and other liquids and materials.

Effective on: 1/1/1901

STORAGE TANK, WATER. A standpipe or elevated tank used to store a supply of water or to maintain equal pressure on a water system.

Effective on: 1/1/1901

STORY. That part of a building or structure above ground level between a floor and the floor or roof next above. A mezzanine shall be considered a story if it exceeds one-third of the area of the floor immediately below. A penthouse shall be considered a story if it exceeds one-third of the area of the roof.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

STREET. A right-of-way for vehicular travel.

Effective on: 1/1/1901

The following street classifications are intended to define the street types shown on the City of Morganton Thoroughfare Classification Map:

Expressway. A controlled access federal and/or state highway with grade-separated intersections designed primarily for the high-speed movement of very large volumes of vehicular traffic from one area or region to another.

Major Arterial. A limited access federal and/or state highway designed primarily for the movement of large volumes of vehicular traffic from one area or region to another. Also referred to as a major thoroughfare.

Minor Arterial. A state or local road designed for the movement of traffic from one area of the City to another. Also referred to as minor thoroughfare.

Collector. A state or local road designed primarily to connect local streets with arterial streets and/or to provide direct connection between two (2) or more arterial streets and which may be designed to carry significant volumes of vehicular traffic having neither origin nor destination on the street.

Local. Those streets whose primary function is to provide direct access to individual properties.

Effective on: 1/1/1901

STREET, PARALLEL FRONTAGE ROAD. A public or private street adjoining or parallel to an arterial street designed to provide access to abutting property in place of the arterial.

Effective on: 1/1/1901

STREET, PRIVATE. An interior circulation road designed and constructed to carry vehicular traffic from public streets within or adjoining a site to parking and service areas; it is not maintained nor intended to be maintained by the public.

Effective on: 1/1/1901

STREET, PUBLIC. A right-of-way or fee simple tract of land which has been set aside for public travel, dedicated to the public by the recording of a subdivision plat, built to public street standards, and eligible for maintenance by either the City of Morganton or the State of North Carolina.

Effective on: 1/1/1901

STREET, STUB. A non-permanent dead-end street intended to be extended in conjunction with the subdivision or development of adjacent land.

Effective on: 1/1/1901

STREET LINE. The outer boundary of a street right-of-way.

Effective on: 1/1/1901

STREET ORIENTATION. See “Building Presentation.”

Effective on: 1/1/1901

STREET RIGHT-OF-WAY. Street right-of-way shall mean any public right-of-way set aside for public travel which is accepted or eligible to be accepted for maintenance by the State of North Carolina or the City of Morganton, if so authorized; or has been dedicated for public travel by the recording of a plat or a subdivision which has been approved or is subsequently approved by the City of Morganton; or has otherwise been established as a public street prior to the adoption of this ordinance.

Effective on: 1/1/1901

STREET VISTA. A view framed by buildings at the termination of the axis of a thoroughfare or large neighborhood street.

Effective on: 1/1/1901

STREETSCAPE. An area within a street’s right-of-way that may contain sidewalks, street furniture, landscaping or trees, and similar features.

Effective on: 1/1/1901

STRUCTURE. Anything constructed, installed, or portable, the use of which requires a location on a parcel of land. This includes a fixed or movable building which can be used for residential, business, commercial, agricultural, or office purposes, either temporarily or permanently. “Structure” also includes, but is not limited to, swimming pools, tennis courts, signs, cisterns, sewage treatment plants, sheds, and similar accessory construction; however, it does not include landscape features such as ornamental pools, planting boxes, sculpture, birdbaths, open terraces, at-grade bridges and walkways, at-grade slab patios, driveways, small non-permanent shelters for pets, playhouses, open stairs, recreational equipment, flagpoles, underground fallout shelters, air-conditioning compressors, pump houses, wells, mailboxes, outdoor fireplaces, burial vaults, or cemetery marker monuments.

Effective on: 1/1/1901

SUBDIVIDER. Any person, firm, corporation, or entity who subdivides or develops any land deemed to be a subdivision as herein defined.

Effective on: 1/1/1901

SUBDIVISION. All divisions of a tract or parcel of land into two (2) or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) and shall include all divisions of land involving the dedication of a new street or a change in existing streets; provided, however, that the following shall not be included within this definition:

1. The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the City of Morganton Subdivision 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 the widening or opening of streets or the location of public utility rights-of-way;
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 standards of City of Morganton Subdivision Ordinance;
5. The division of land into plots or lots for use as a cemetery; and
6. Subdivisions resulting from proceedings to partition interests in lots or parcels pursuant to Chapter 46 of the North Carolina General Statutes (or any successor statute) resulting in the division of a lot or parcel into two or more lots or parcels except where the partition proceeding is brought to circumvent the provisions of this ordinance or the City of Morganton Subdivision Ordinance.

Effective on: 1/1/1901

SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, expansion, or improvement of a structure, the cost of which exceeds fifty percent of the assessed value of a structure as determined either before the expansion or improvement begins or before the damage occurred giving rise to the repair or reconstruction. “Substantial improvement” shall not include, however, any repair or improvement required to bring the structure into compliance with existing state or City code specifications necessary to insure safe habitation of the structure.

Effective on: 1/1/1901

SURVEYOR. A person licensed to practice surveying in the State of North Carolina.

Effective on: 1/1/1901

TAXICAB SERVICE. A facility for the storage, maintenance, and dispatch of taxis, and associated customer ticketing and waiting areas.

Effective on: 1/1/1901

TELECOMMUNICATION LINES & RELATED APPURTENANCES. Any utility line, conductor, or other conduit by which audio, visual, or computer information is transmitted.

Effective on: 1/1/1901

TELECOMMUNICATION TOWER. A structure either freestanding or attached to a building, principally intended to radiate or receive a source of non-ionizing electromagnetic radiation (NIER), and primary and accessory equipment related to broadcast services, cellular or digital telephone services, pagers, beepers, data, and common carriers (as regulated by the Federal Communications Commission), including FM, AM, two-way radio, fixed point microwave, commercial, satellite, cellular and PCS communication systems. The term telecommunication tower does not include electrical or 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 60 feet in height with transmitting power of 250 watts or less.

Effective on: 1/1/1901

TEMPORARY HEALTH CARE STRUCTURE. A transportable residential structure permitted under NCGS 160D-915, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person, that (i) is primarily assembled at a location other than its site of installation, (ii) is limited to one (1) occupant who shall be the mentally or physically impaired person, (iii) has no more than 300 gross square feet, and (iv) complies with applicable provisions of the State Building Code and NCGS 143-139.1(b).

Effective on: 5/1/2023

TEMPORARY USE. A use permitted on a lot for a specific purpose which is to be removed within a specified time period. Examples of temporary uses are mobile classrooms, construction trailers, and produce stands.

Effective on: 1/1/1901

TENANT. The occupant or use of a building, portion of a building, or lot.

Effective on: 1/1/1901

TENANT BAY. The exterior portion of a multi-tenant building devoted to a single tenant.

Effective on: 1/1/1901

TERMINAL, BUS OR TAXI. A facility for the storage, maintenance, and dispatch of buses or taxi, and associated customer ticketing and waiting areas.

Effective on: 1/1/1901

TERMINAL, FREIGHT. Any facility for handling freight, with or without storage and maintenance facilities.

Effective on: 1/1/1901

THEATER, DRIVE-IN. An establishment for the outdoor viewing of motion pictures by patrons while in motor vehicles.

Effective on: 1/1/1901

THEATER, INDOOR. An establishment for the indoor viewing of motion picture, musical or theatrical performances by patrons.

Effective on: 1/1/1901

THEATER, OPEN AIR. An establishment for the outdoor viewing of motion picture, musical or theatrical performances by patrons. This does not include drive-in theaters.

Effective on: 1/1/1901

THOROUGHFARE. See “Street, Arterial.”

Effective on: 1/1/1901

TOWER, MONOPOLE. A slender, often telescoping, self-supporting tower used to support telecommunications equipment.

Effective on: 1/1/1901

TOWER, STEALTH. Any tower which is designed to blend into the surrounding environment.

Effective on: 1/1/1901

TOWNHOUSE. A type of multi-family residential development with more than (2) individual dwelling units attached by interior side walls.

Effective on: 1/1/1901

TRAILER. An open or enclosed, wheeled, non-motorized transport mechanism that may be attached to a motor vehicle for the transport of cargo.

Effective on: 1/1/1901

TRANSIT STOP. Any structure or location that is primarily used, as part of a public transit system, for the purpose of loading, unloading, or transferring passengers or accommodating the movement of passengers from one mode of transportation to another.

Effective on: 1/1/1901

TREE. A large, woody plant having one or more self-supporting stems or trunks and numerous branches. May be classified as deciduous or evergreen.

Effective on: 1/1/1901

TREE STAND. An aggregation of trees occupying a specific area and sufficiently uniform in composition, age, arrangement, and condition to make it distinguishable from the forest or adjoining areas.

Effective on: 1/1/1901

TRUCK STOP. A facility which accommodates the trucking industry by providing fueling stations, weigh stations, restaurants, convenience foods, bathing facilities, and occasionally, overnight rooming accommodations. These facilities are typically located near state, federal or interstate highways.

Effective on: 1/1/1901

UNDERSTORY TREE. A species of tree which normally grows to a mature height of fifteen to thirty-five feet in height and meets the specifications of the American Standards for Nursery Stock published by the American Association of Nurseryman.

Effective on: 1/1/1901

UNIVERSITY, COLLEGE AND JUNIOR COLLEGE. A use, whether privately-owned or publicly-owned, providing academic education beyond the high school level.

Effective on: 1/1/1901

USE, PRINCIPAL. The primary or predominant use of any lot or parcel.

Effective on: 1/1/1901

USE, TEMPORARY. A use established for a limited duration with the intent to discontinue such use upon the expiration of the time period.

Effective on: 1/1/1901

UTILITIES. Facilities of any agency which, under public franchise or ownership, provides the general public with electricity, gas, oil, water, sewage, electronic sign, or rail transportation. The term utility shall not be construed to include the following: corporate or general offices; storage or service buildings or yards; gas or oil processing, manufacturing or storage facilities; transmission towers; or postal facilities.

Effective on: 1/1/1901

UTILITIES, ABOVE GROUND. Above ground facilities associated with the distribution and collection of water, sewer, electric, gas, cable TV, telephone, or internet service except that such shall not include any facility otherwise defined and regulated by this ordinance such as telecommunication towers or public works facilities.

Effective on: 1/1/1901

UTILITIES, BELOW GROUND. Utility facilities located entirely below ground associated with the distribution and collection of water, sewer, electric, gas, cable TV, telephone, or internet service except that such shall not include any facility otherwise defined and regulated by this ordinance.

Effective on: 1/1/1901

UTILITIES SERVICE AREA. An area which contains any surface mounted heating, ventilation, or air conditioning equipment or freestanding above ground devices, such as utility boxes, booster boxes, switch gear, transformers, water towers, pump stations, lift stations, utility substations or similar appurtenances which are part of an underground utilities system:

1. Private utility service area - an area, on private property, which contains privately owned utility structures for the exclusive service of the premises where they are installed; or,
2. Public utility service area - an area, on either private or public property, which contains utility structure owned by a utility for the service of one or more premises, but excluding utility substations.

Effective on: 1/1/1901

Includes natural gas distribution lines & related appurtenances; electric substations; power generation/production facilities; sewage lift stations; sewage treatment plants; telecommunications towers; water pumps, storage, tanks, & appurtenances; and water treatment plants (public) and any similar sites as determined by the Development and Design Services Department. 

(There are no ordinances associated with this section.) 

Effective on: 5/1/2023

VARIANCE. Relief from the requirements of this ordinance granted by the Board of Adjustment.

Effective on: 1/1/1901

VEHICLE. A motorized transport mechanism that transports passengers or cargo including, but not limited to, motorcycles, cars, trucks, buses, watercraft (boats).

Effective on: 1/1/1901

VESTED RIGHT (ZONING). A right established pursuant to the provisions of this ordinance to undertake and complete the development and use of property.

Effective on: 1/1/1901

VETERINARY SERVICES. See “Animal Services”.

Effective on: 1/1/1901

WAREHOUSE USE. Establishments primarily engaged in the warehousing and storage of general merchandise, refrigerated goods, and farm products. This definition does not include mini-warehouse storage.

Effective on: 1/1/1901

WAREHOUSE, MINI. Establishments primarily engaged in the rental or leasing of mini-warehouses and self-storage units.

Effective on: 1/1/1901

WASTE INCINERATOR. A site with one or more facilities that use thermal combustion processes to destroy or alter the character or composition of waste products, not including hazardous waste management facilities.

Effective on: 1/1/1901

WASTE TRANSFER STATION. A fixed facility where solid waste from collection vehicles is consolidated and temporarily stored for subsequent transport to a permanent disposal site.

Effective on: 1/1/1901

WATER DISTRIBUTION LINES, PUMPS, STORAGE TANKS, & APPURTENANCES. Utility lines and related structures that direct potable water to individual sites.

Effective on: 1/1/1901

WATER SUPPLY WATERSHED. An area from which water drains to a point of impoundment, and the water is then used principally as a source for a public water supply.

Effective on: 1/1/1901

WATERSHED. The entire land area contributing surface drainage into a specific stream, creek, lake or other body of water.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

WATERSHED CRITICAL AREA. The area adjacent to a water supply intake or reservoir where risk associated with pollution is greater than from the remaining portions of the watershed. The critical area is defined as extending either one-half mile from the normal pool elevation of the reservoir in which the intake is located or to the ridge line of the watershed (whichever comes first); or one-half mile upstream from the intake located directly in the stream or river (run of the river), or the ridge line of the watershed (whichever comes first).

Effective on: 1/1/1901

WATERSHED PROTECTED AREA. The area adjoining and upstream of the critical areas and encompassing the remainder of the watershed where risk of water quality degradation from pollution is less than in the critical area.

Effective on: 1/1/1901

WATER TREATMENT PLANT. Any facility or facilities used or available for use in the collection, treatment, testing, storage, pumping, or distribution of water for a public water system.

Effective on: 1/1/1901

WHOLESALE TRADE. An establishment primarily engaged in selling durable and non-durable goods to retailers; to industrial, commercial, institutional, farm, construction contractors; or for professional business uses; or to other wholesalers. Merchandise is stored inside enclosed buildings unless outdoor storage is permitted in the zoning district in which it is located. Activities including physically assembling, sorting, and grading goods in large lots and breaking bulk lots for redistribution in smaller lots are conducted inside enclosed buildings in such a way as to have a minimal impact on surrounding properties. Operations with over 25 percent of sales to retail customers shall also be considered a retail use. This definition includes motor vehicle and motor vehicle parts and supplies, merchant wholesalers, furniture and home furnishing merchant wholesalers, lumber and other construction materials merchant wholesalers, professional and commercial equipment and supplies merchant wholesalers, electrical and electronic goods merchant wholesalers, hardware and plumbing and heating equipment and supplies merchant wholesalers, miscellaneous durable goods merchant wholesalers, paper and paper products merchant wholesalers, drugs and druggists’ sundries merchant wholesalers apparel, piece goods, and notions merchant wholesalers, grocery and related product merchant wholesalers, beer, wine, and distilled alcoholic beverage merchant wholesalers, miscellaneous non-durable goods merchant wholesalers, motor vehicle and motor vehicle parts and supplies merchant wholesalers (except motor vehicle parts (used) merchant wholesalers), metal and mineral (excluding petroleum) merchant wholesalers, machinery, equipment and supplies merchant wholesalers, farm product raw material merchant wholesalers, chemical and allied products merchant wholesalers, farm supplies merchant wholesalers.

Effective on: 1/1/1901

WORKING DAY. Any day on which the offices of the City of Morganton are officially open, not including Saturdays, Sundays, and other holidays designated by the City Council.

Effective on: 1/1/1901

YARD. Any area of land located between a lot line and a required setback line. The minimum depth of a yard shall be determined by horizontal measurement at a right angle from the applicable lot line.

Effective on: 1/1/1901

Yard, Buffer. A strip of land with natural or planted vegetation and/or fencing, located between a structure or use and a side or rear property line, intended to spatially separate and visually obstruct the view of two (2) adjacent land uses or properties from one another. A buffer area may include any required screening for the site.

Yard, Building. The landscaping area between a building and paved parking area.

Yard, Parking Lot. The landscaping located in and around a parking area.

Yard, Residential Lot. The landscaping located on single-family or two-family residential lot.

Yard, Screening. The landscaping or fencing located around outdoor storage, mechanical equipment, loading docks, waste collection, and similar facilities that effectively screens such facilities from view.

Yard, Street. The area of land along the front property line parallel to a right-of-way, reserved for tree planting and landscaping.

FIGURE A.11: LANDSCAPING YARDS

Effective on: 5/1/2023

YARD, FRONT. The yard extending across the full width of the lot and lying between the front lot line and the front line of the principle structure as required in this ordinance.

Effective on: 1/1/1901

YARD, INTERIOR SIDE. The yard extending along the length of the lot between the required front yard and the required rear yard, and between the side lot line and the side line, as required in this ordinance, provided that the side lot line is not adjacent to a public street right-of-way.

Effective on: 1/1/1901

YARD, REAR. The yard extending across the full width of the lot and lying between the rear lot line and the rear line of the principle structure as required in this ordinance.

FIGURE A.12: YARDS

Effective on: 1/1/1901

ZONING ADMINSITRATOR. The Development and Design Services Director or designee within the Development and Design Services Department charged with interpreting, applying and enforcing the provisions of this Ordinance. The Zoning Administrator may be referred in the Ordinance as “Development and Design Services Director”, “Development and Design Services Department”, or “Development and Design Services Department Staff”.

Effective on: 1/1/1901

Airport. The Foothills Regional Airport.

Effective on: 1/1/1901

Airport elevation. The highest point on any usable landing surface expressed in feet above sea level.

Effective on: 1/1/1901

Approach, conical, horizontal and transitional zones. The airspace zones as set forth in Section 3.2.5.2.

Effective on: 1/1/1901

Hazard to air navigation. An obstruction determined by the Federal Aviation Administration (FAA) to have a substantial adverse effect on the safe and efficient utilization of navigable airspace.

Effective on: 1/1/1901

Height. For the purpose of determining the height limits in all zones set forth in subsections (a)(i), (ii), (iii), (iv) and (v) above shown on the Official City of Morganton Airport/Heliport Safety District Maps, the datum shall be mean sea level (MSL) elevation unless otherwise specified.

Effective on: 1/1/1901

Helipad. A specified area of the heliport prepared for landing and takeoff of helicopters.

Effective on: 1/1/1901

Heliport. The local hospital heliport.

Effective on: 1/1/1901

Nonconforming use. Any preexisting structure or object which is inconsistent with the provisions of this subsection of any amendment to this subsection.

Effective on: 1/1/1901

Obstruction. Any structure, growth or other object including a mobile object which exceeds a limiting height or penetrates any surface or zone floor.

Effective on: 1/1/1901

Permit. A certification issued by the Zoning Administration of the City of Morganton allowing a person to begin an activity in accordance with this subdivision.

Effective on: 1/1/1901

Person. Any individual, firm, partnership, corporation, company, association, joint-stock association or government entity. The term includes a trustee, a receiver, an assignee, or a similar representative of any of them.

Effective on: 1/1/1901

Primary surface. A surface, longitudinally centered on a runway or helipad at an elevation equal to that of the runway or helipad extending a distance determined appropriate for that particular airport or helipad as set forth within Part 77 of the Federal Aviation Administration (FAA) Manual.

Effective on: 1/1/1901

Runway. A specified area on an airport prepared for landing and takeoff of aircraft.

Effective on: 1/1/1901

Structure. Any object, including a mobile object, constructing or installed by any person, including but not limited to buildings, towers, cranes, smokestacks, earth formations, towers, poles and electric lines overhead transmission routes, flag poles and ship masts.

Effective on: 1/1/1901

Vegetation. Any object of natural growth.

Effective on: 1/1/1901

Zone. All areas provided for in Section 3.2.5.2, generally described in three dimensions by reference to ground elevation, horizontal distances from the runway centerline and the primary surface and with the zone floor set at specific vertical limits.

Effective on: 1/1/1901

Corner Lot. A lot located at the intersection of two (2) or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lines to the lot meet at an interior angle of less than 135^o.

FIGURE A.6: CORNER LOT

Effective on: 1/1/1901

Lot, Double Frontage Or Through. A lot having frontage and access on two or more public streets. A corner lot shall not be considered as having double frontage unless it has frontage and access on three or more streets.

FIGURE A.7: THROUGH LOT

Effective on: 1/1/1901

Flag Lot. An irregularly shaped lot where the building portion of the lot is connected to its street frontage by an arm or pole of the lot. The pole portion does not meet the minimum lot width of the district, but the building portion of the lot does.

FIGURE A.8: FLAG LOT

Effective on: 1/1/1901

Interior Lot. A lot other than a corner lot with frontage on only one (1) street.

FIGURE A.9: INTERIOR LOT

Effective on: 1/1/1901