The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory means incidental to another use or structure on the same lot.

Active solar system means a solar energy system that transforms solar energy into another form of energy or transfers heat from a collector to another medium using mechanical, electrical, or chemical means.

For purposes of this article, the terms "agriculture", "agricultural", and "farming" refer to all of the following:

(1)

The cultivation of soil for production and harvesting of crops, including but not limited to fruits, vegetables, sod, flowers and ornamental plants.

(2)

The planting and production of trees and timber.

(3)

Dairying and the raising, management, care, and training of livestock, including horses, bees, poultry, and other animals for individual and public use, consumption, and marketing.

(4)

Aquaculture as defined in G.S. 106-758.

(5)

The operation, management, conservation, improvement, and maintenance of a farm and the structures and buildings on the farm, including building and structure repair, replacement, expansion, and construction incident to the farming operation.

(6)

When performed on the farm, "agriculture", "agricultural", and "farming" also include the marketing and selling of agricultural products, agritourism, the storage and use of materials for agricultural purposes, packing, treating, processing, sorting, storage, and other activities performed to add value to crops, livestock, and agricultural items produced on the farm, and similar activities incident to the operation of a farm.

State Law reference— G.S. 106-581.1

Alteration means and includes any of the following:

(1)

Any addition to the height or depth of a building;

(2)

Any change in the location of any of the exterior walls of a building; and

(3)

Any increase in the interior accommodation of a building.

Animal confinement facility means the following:

(1)

Cattle facility means and includes feeder lots, milking barn, animal waste lagoons, and any cattle facility in which four or more cattle are housed or kept on one acre of land, or less for 30 days or more.

(2)

Poultry facility means and includes poultry houses, animal waste lagoons, and other areas which house or contain 50 or more animals (chickens, turkeys, game birds, or other types of poultry).

(3)

Swine facility means and includes farrowing houses, topping floors, animal waste lagoons, and any other breeder and/or feeder operations which house or contain seven or more swine in total.

(4)

Other confined animal facility means and includes facilities for goats, sheep, horses, dogs and other poultry or livestock which house or contain four or more animals on one acre of land or less for 30 days or more.

Apartment means a room or unit of one or more rooms, each of which have kitchen facilities and are designated or intended to be used as an independent unit on a rental basis.

Approval authority means the town board of commissioners or board of adjustment.

Assembly means a joining together of completely finished parts to create a finished product.

Auction firm means a sole proprietorship of which the owner is not a licensed auctioneer, or any partnership, association, or corporation, not otherwise exempt from this chapter, that sells either directly or through agents, real or personal property at auction, or that arranges, sponsors, manages, conducts or advertises auctions, or that in the regular course of business uses or allows the use of its facilities for auctions. This definition applies whether or not an owner or officer of the business acts as an auctioneer. (A zoning compliance permit is required) Reference G.S. 85B-1.

Auction sales means the sale of goods or real estate by means of exchanges between an auctioneer and members of an audience, the exchanges consisting of a series of invitations for offers made by the auctioneer, offers by members of the audience, and the acceptance by the auctioneer of the highest or most favorable offer. (A zoning compliance permit is required) Reference G.S. 85B-1.

Automobile wash or automatic car wash means a lot on which motor vehicles are washed or waxed, either by the patron or by others, by hand or by using machinery specifically designed for the purpose.

Banquet (function) hall means a room or building for the purpose of hosting a party, banquet, reception or other social event that allows public access to the facility for social events where admissions can be charged.

Board of adjustment means a semijudicial body composed of representatives from or for the planning jurisdiction of the town and who are given certain powers under and relative to this chapter.

Boardinghouse means a roominghouse or a structure which contains four or more rooms each of which have no kitchen facilities and all of which are designed or intended to be used for residential occupancy on a rental basis. The owner must reside permanently on the premises.

Body piercing means the puncturing or penetration of the skin of a person using pre-sterilized single use needles and the insertion of pre-sterilized jewelry or other adornment thereto in the opening. Further, this definition of body piercing means the practice of physical body adornment by permitted establishments and operators utilizing, but not limited to, the following techniques: body piercing, branding and scarification. This definition does not include practices that are considered medical procedures such as implants under the skin. Practices recognized as medical procedures by the North Carolina Medical Board shall not be performed in a body piercing establishment. Nor does this definition include, for the purposes of this zoning ordinance, piercing of the lobe of the ear using pre-sterilized single use stud and clasp ear piercing systems.

Building means any structure, either temporary or permanent, having a roof or other covering, and designed or used for the shelter or enclosure of any person, animal, or property of any kind, including tents, awnings, or vehicles situated on private property and used for the purpose of building.

Building, commercial, means any building used for business purposes.

Building, detached, means a building having no party or common wall with another building except an accessory building.

Building, height of, means the vertical distance from the average under-walk grade or finished grade of the building line, whichever is the highest, to the highest point of the building.

Building inspector means the official or other designated authority charged with the administration and enforcement of the state building code.

Building line means a line located a minimum horizontal distance from the right-of-way line of a street or property line parallel thereto between which and the street right-of-way line or property line no building or parts of a building may be erected, altered, or maintained except as otherwise provided herein.

Building, main, means a building in which the principal use of the lot on which the building is situated is conducted.

Building site means any lot or portion thereof of a parcel of land upon which a building may be erected in conformance with the provisions contained herein.

Business residence means a residential unit contained within a principal use, provided that:

(1)

The residential unit may be occupied solely by the person engaged in the principal use or a fulltime employee and his family members residing with him;

(2)

The residential units may be permitted to be sold as condo units or occupied by persons other than the person engaged in the principal use or a fulltime employee and his family members residing with him;

(3)

Commercial buildings in the C-1 downtown-commercial district may be converted to residential use on the ground floor and upper levels, provided no more than 50 percent of the ground floor is used for residential use and the remaining floor space be used as common area or commercial use. The residential use is to be located to the rear of the storefront and the commercial or common area use to be located at the front floor area of the storefront so as not to interrupt the commercial frontage;

(4)

The business residential units that are permitted in other districts shall be located on the ground floor and upper levels, provided no more than 50 percent of the ground floor is used for residential use and the remaining floor space is used as common area or commercial use. The residential use is to be located to the rear of the storefront and the commercial or common use is to be located at the front floor area of the storefront so as not to interrupt the commercial frontage;

(5)

In addition to the required off-street parking for the principal use, two off-street parking spaces shall be provided for each of the residential units.

Building-integrated solar systems means an active solar system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include but are not limited to photovoltaic or hot water solar systems that are contained within roofing materials, windows, skylights, and awnings.

Campers ortravel trailer means a recreational vehicle that is intended to be transported over the streets and highways, either as a motor vehicle or attached to or hauled by a motor vehicle, and that is designed for temporary use as sleeping quarters, but that does not satisfy one or more of the definitional criteria of a manufactured home.

Certificate of occupancy means a statement signed by the zoning administrator setting forth that the building, structure, or use complies with this chapter and any applicable construction codes, and that the same may be used for the purposes stated herein.

Child care center means any establishment that provides regular care, activity, and supervision, with or without academic instruction, for five or more children under the age of 16 and operates more than four hours per day but not more than 18 hours per day. A commercial or nonprofit child care center establishment is not operated as a small or large day care home. The term "child care center" includes infant centers, preschools, and extended day care facilities. These may be operated in conjunction with a business, school, or religious facility, or as an independent land use. A child care center must meet applicable requirements of the state building code and must have a fence of at least four feet in height surrounding any play area provided for the children. The operation of the center shall comply with all federal, state and local codes.

Code enforcement officer means a town-appointed person to administer and enforce this Code, where applicable, and for the review of zoning and building permit applications to ensure compliance with the provisions of this chapter and any other assigned codes and local, state and federal laws. The term "code enforcement officer" is synonymous with the terms "zoning officer," "code enforcement administrator," "enforcement officer," "minimum housing code enforcement officer," "zoning administrator," etc., and reference thereto may be construed to include building inspector, plumbing inspector, electrical inspector, and the like, where applicable.

Construction trade means an occupation in which one accomplishes work or provides facilities under contract with another and specifically engages in a specialized trade such as plumbing, heating, wiring, sheet metal, and roofing work, etc.

Day care center means a facility inclusive of a kindergarten, for the care and/or education of preschool age children and licensed by the state department of human resources.

Day care home, large, means a home or facility wherein at least three, but not more than 12, when any are preschool-aged, or three to 15 children, when only school-aged children receive care away from their own home by persons other than their own parents, legal guardians or relatives within the fourth degree of kinship, on a regular basis more than once per week for more than four hours per day. The facility must operate 12 hours per day or less. All children other than the children of the operator must be counted. The operator of the home must reside on the premises. The home must meet applicable requirements of the state building code and must have a fence of at least four feet in height surrounding any play area provided for the children. A sign not exceeding two square foot in size, advertising the day care home, shall be permitted. The operation of the home shall comply with all federal, state and local codes and shall be permitted by a special use permit in all residential districts and shall comply with section 59-179.

Day care home, small, means a home or facility wherein at least two, but not more than five, children receive care away from their own home by persons other than their own parents, legal guardians or relatives within the fourth degree of kinship, on a regular basis more than once per week for more than four hours per day. The facility must operate 12 hours per day or less. All children other than the children of the operator must be counted. Child day care homes shall be considered home occupations. The operator of the home must reside on the premises. The home must meet applicable requirements of the state building code and must have a fence of at least four feet in height surrounding any play area provided for the children. A sign not exceeding two square feet in size advertising the day care home shall be permitted. The operation of the home shall comply with all federal, state and local codes and shall be permitted by right in all residential districts as a home occupation and shall comply with article VI of this chapter.

Drive-in eating or drinking facility means an establishment that provides employee curb service or accommodations through special equipment or facilities for the ordering of food or beverage from a vehicle.

Dwelling, multifamily, means a building used or designed as a residence for more than two families living independently of each other.

Dwelling, single-family, means a detached building designed for or occupied exclusively by one family.

Dwelling, two-family, means a detached building either designed for or occupied by two families living independently of each other.

Dwelling unit means a residential structure or that portion of a residential structure used or designed as a residence for one family.

Erect means to build, construct, rebuild, or reconstruct, as the same are commonly defined.

Fabrication means the processing and/or assemblage of various components into a complete or partially completed commodity, such as fabrication related to stamping, cutting, or otherwise shaping the processed materials into useful objects. The refining aspects of manufacturing and other initial processing of basic new raw materials such as metal, ore, lumber, rubber, etc., are included.

Family means one or more persons or group of two or more persons living together and interrelated by bonds of marriage or legal adoption occupying the whole part of a dwelling as a separate housekeeping unit with a common and single set of culinary facilities. The person thus constituting a family may also include two additional guests who occupy rooms for which compensation may or may not be paid. Any group of persons not so related but inhabiting a single housekeeping unit shall be considered to constitute one family for each five persons, exclusive of domestic employees, contained as one group.

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

Farming. See agriculture.

Farmer's market means a retail establishment primarily engaged in the sale of fresh fruits, vegetables and similar perishable goods. The term "farmer's market" does not include roadside stands.

Flea market means buildings or open areas in which booths or sales areas are provided for entry by various unrelated individuals to sell a variety of merchandise. The term "flea market" does not include yard sales, rummage sales, garage sales or farmer's markets.

Frontage means all property abutting one side of a street, measured along the street line.

Garage, private, means a building or space used as an accessory to a part of the main building permitted in any residential district that provides storage space for motor vehicles and in which no business, occupation, or service for profit is in any way conducted.

Grid tied solar system means a photovoltaic solar system that is connected to an electric circuit served by an electric utility company.

Group home means a facility licensed by the appropriate state agency and for the care of no more than three unrelated individuals, excluding supervisory personnel, who are handicapped, aged or disabled and are undergoing rehabilitation or extended care, and are provided services to meet their specific needs. The term "group home" includes group homes for all ages, halfway houses, foster homes and boarding homes.

Handicapped person means a person with a temporary or permanent physical, emotional or mental disability, including, but not limited to, mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances or orthopedic impairments, but not including any mentally ill person who is dangerous to himself or others as defined in G.S. 122C-3.

Home care unit means a facility meeting all the requirements of the state for the boarding and care of not more than five persons who are not critically ill and do not need regular professional medical attention.

Home occupation means a certain specified occupation customarily conducted for profit within a dwelling unit and carried on by the occupant thereof. Criteria for the classification of a home occupation shall be as contained in this chapter.

Indoor recreational facility means a building or group of buildings, providing amusement activities completely enclosed within the building or buildings where only nonalcoholic beverages are sold and consumed. Indoor amusement activities may include arcades, indoor arenas, batting cages, bowling alleys, miniature golf courses, play court, roller or ice skating, or similar indoor uses, which may be operated as nonprofit or for profit. Indoor firing/shooting ranges are prohibited.

Industry, pilot operation, means a manufacturing establishment that produces only research and/or sample products and is not engaged in the mass production of any product for wholesale or retail sale to the general public or other businesses. The term "pilot operation industry" includes custom and manufacturing of commodities produced by skilled artisans or craftsmen, but is not inclusive of the mass production of any commodity by such artisans or craftsmen.

Junk means preused or unusable metallic parts and other nonmetallic manufactured products that are worn, deteriorated, or obsolete, making them unusable in their existing condition, but are subject to be dismantled and salvaged.

Junkyard means the use of more than 600 square feet of any lot for the storage of junk, including scrap metal, or other scrap materials, or for the dismantling or abandonment of automobiles or other vehicles or machinery.

Kennel means a facility operated exclusively for profit and for the expressed purpose of breeding or providing shelter for animals.

Lot means land area which is composed of a single parcel or contiguous parcels of land under the same ownership and which is recorded as such in the office of the register of deeds. The term "lot" includes the words "plot" or "parcel."

Lot area means the parcel of land enclosed within the boundaries formed by the property lines plus one-half of any alley abutting the lot between the boundaries of the lot, if extended.

Lot, corner means any parcel of land having frontage on more than one street (road) which abuts an intersection of those streets (roads).

Lot depth means the distance measured in the mean direction of the side lines of the lot from the midpoint of the front line to the midpoint of the opposite lot line.

Lot line means the boundary of a parcel of land.

Lot line, front, means any boundary line of a lot running along a street right-of-way line.

Lot line, rear, means the property lines which are opposite the front property line. If no property line is deemed to be opposite the front property line and no minimum building line exists on the final plat to establish a rear lot line, then there shall be no rear lot line; however, the rear yard setback shall be maintained for the point (apex) on the property's perimeter which is the furthest removed from the midpoint of the front line. The rear yard minimum building line shall be a line perpendicular to a straight line connecting said apex and the midpoint on the front line.

Lot line, side, means a boundary line which is not defined as a front or rear lot line.

Lot of record means a lot which has been recorded in the office of the register of deeds or a lot described by metes and bounds the description of which has been recorded in the aforementioned office.

Lot, through, means a continuous lot of the same depth as the width of a block, accessible from both rights-of-way upon which it fronts.

Lot width means the horizontal distance between the side lines measured along the front building line as specified by the applicable front yard setback in this chapter.

Manufactured home means as defined in G.S. 143-145(7).

Mobile/manufactured home, class A (doublewide), means a manufactured home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies the following additional criteria:

(1)

The home has a length not exceeding four times its manufactured width;

(2)

The pitch of the manufactured home's roof has a minimum vertical rise of 2 2/10 feet for each 12 feet of horizontal run (four inches in 12 inches) and the roof is finished with shingles; and

(3)

The exterior siding consists predominately of vinyl or aluminum horizontal lap siding, wood, or hardboard.

Mobile/manufactured home, class B (singlewide), means a manufactured home constructed after July 1, 1976 that meets or exceeds the standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction, but which does not meet the definition of a class A (doublewide) manufactured home.

Mobile/manufactured home, class C, means a manufactured home that does not meet the definition of either a class A or a class B manufactured home. Class C mobile/manufactured homes shall not be allowed within the zoning jurisdiction of the town.

Mobile home park means any lot or part thereof, or any parcel of land which is used or offered as a location for two or more manufactured homes, regardless of whether or not a charge is made for such accommodations.

Mobile office buildings/facilities means a complete ready-to-use building assembled in a manufacturing plant and transported to the building site, designed primarily for the construction trade to house administrative activities, tools, and blueprints during the erection of a permanent building. Mobile office facilities do not meet the state building code and are allowed within any zoning jurisdiction of the town strictly on a temporary basis in conjunction with the issuance of a building permit for a permanent structure.

Modular home means a dwelling unit constructed in accordance with the state building code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent, completely enclosed foundation. This unit may consist of two or more sections transported to the site in a manner similar to a manufactured home (except that a modular home meets the state building code) or a series of panels or room sections transported on a truck and erected or joined together on the site.

Modular office building/facility means an office or commercial facility constructed in accordance with the state building code and completed as a unit ready for use, or composed of components substantially assembled in a manufacturing plant and transported to the building site for final assemble on a permanent, completely enclosed foundation. This unit may consist of one or more sections transported to the site either as a complete unit, or as a series of panels or room sections transported on a truck and erected or joined together on the site.

Nonconforming use means a use of buildings or land that does not conform with the regulations of the district in which such building or land is situated but was lawful at the time the use began.

Nursing home means a structure designed or used for residential occupancy and providing limited medical or nursing care on the premises for occupants, but not including a hospital or mental health center.

Off-grid solar system means a photovoltaic solar system in which the circuits energized by the solar system are not electrically connected in any way to electric circuits that are served by an electric utility company.

Photovoltaic system means an active solar energy system that converts solar energy directly into electricity.

Planned unit development means a residential, commercial, or combination of residential and commercial projects located on land under unified control, planned as a whole, and developed as a single development or in a definitely programmed series of units or stages of development according to comprehensive and detailed plans, with a program for the provision, operation, and maintenance of any areas, improvements, and facilities provided for the common use of the occupants or users of the development.

Planning board means a body appointed by the town board of commissioners to perform the following duties:

(1)

Develop and recommend long-range development plans and policies; and

(2)

Advise the board of commissioners in matters pertaining to current physical development and zoning for the town's planning jurisdiction

Processing means any operation changing the nature of material or chemical composition or physical properties. The term "processing" does not include operations described as fabrication.

Public sewerage system means any sewage disposal system, whether operated publicly or privately, other than a pit privy or a septic tank located on the lot and approved by the county health department.

Public water system means a system for the provision to the public of piped water for human consumption if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year.

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

Riding school means an equestrian institution of learning requiring tuition.

Roadside stands means a seasonal or temporary establishment that is dismantled or removed at the end of the day or season from which fresh fruits, vegetables or other perishables are offered for sale.

Roof pitch means the final exterior slope of a building roof calculated by the rise over the run, typically but not exclusively expressed in twelfths such as 3/12 , 9/12 , 12/12 .

Rummage sales means the display and sale by a nonprofit organization or group of personal property donated by members which has been owned or previously used. Rummage sales are permitted only on the premises of a nonprofit organization, and a permit is required.

Salvage operation means the reclamation, dismantling, or storage of preused commodities, junk, and similar material for the purpose of resale, processing, distribution or deposition.

Service station means a building or lot where gasoline, oil, grease, and automotive accessories are supplied and dispensed to a motor vehicle trade.

Setback means the distance between the minimum building line and the street right-of-way line and where no street right-of-way is involved, the property line shall be used in establishing the setback.

Sign means any words, lettering, parts of letters, pictures, figures, numerals, phrases, sentences, emblems, devices, designs, trade names, or trademarks by which anything is made known such as the designation of a person, profession, business commodity, or product which are visible from any public way and used to attract attention.

Sign area means and shall be computed by the smallest square, triangle, rectangle, circle, or combination thereof which will encompass the entire sign including lattice work, frame, or supports incidental to its decoration. In computing the area, only one side of a double-face sign structure shall be considered.

Sign, business or industrial identification, means any sign which advertises an establishment, service, commodity, or activity conducted upon the premises where such sign is located.

Sign, outdoor advertising, means any sign which advertises an establishment, service, commodity, goods, or entertainment sold or offered on premises other than that on which such sign is located.

Sign, portable, means any sign not exceeding 80 square feet in billboard area and constructed as a part of or attached to a trailer.

Site-specific development plan means as defined in G.S. 160A-385.1.

Solar collector means a device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy. The device may be roof-mounted or ground-mounted as an accessory use.

Solar collector surface means any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. Collector surface does not include frames, supports and mounting hardware.

Solar energy means radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.

Solar energy system means a device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generating, or water heating. Solar energy systems may include, but not be limited to, solar farms and any of several devices that absorb and collect solar radiation for use as a source of energy.

Solar farm means a use were a series of solar collectors are placed in an area for the purpose of generating photovoltaic power for an area greater than the principal use on the site. Also referred to as a solar energy generation facility, solar power plant or solar photovoltaic farm.

Solar mounting devices means devices that allow the mounting of a solar collector onto a roof surface or the ground.

Storage means the deposition of commodities or items for the purpose of future use or safekeeping.

Street means a public thoroughfare which affords access to abutting property and is recorded as such in the office of the county register of deeds.

Structure. See "Building."

Subdivision means as defined in G.S. 160A-376.

Tattoo parlor means any location where tattooing is engaged in or where the business of tattooing is conducted or any part thereof.

Tattooing means the inserting of permanent markings or coloration, or the producing of scars, upon or under human skin through puncturing by use of a needle or any other method.

Telecommunications tower means a structure on which there are electronic facilities for receiving or transmitting communication signals. Those less than 15 feet above the roof line, when secured to a building, are exempt. Telephone poles, power poles carrying telephone and cable television lines are also exempt from this definition.

Tourist home means any building occupied by the owner or operator in which rooms are rented for the lodging of transients and travelers for compensation.

Travel trailer or recreational vehicle means any structure which:

(1)

Consists of a single unit completely assembled at the factory;

(2)

Is designed so that the total structure can be transported on its own chassis; and

(3)

Is not over 32 feet in length and eight feet in width.

Such structures shall be considered travel trailers regardless of other titles that may also be applicable, such as "camper," "mini mobile home," etc.

Use means the purpose for which land or structures thereon are designed, arranged, or intended to be occupied or used; or for which it is occupied, maintained, rented, or leased.

Use by right means a use which is listed as an unconditionally permitted activity in this chapter.

Use, conditional, means a use permitted in a zone only after specific findings by the board of adjustment.

Used or occupied means and includes, as applied to any land or building, the words "intended," "arranged," or "designed to be used or occupied."

Variance means a modification or alteration of any of the requirements of this chapter.

Warehouse means a building or compartment in a building used and appropriated by the occupant for the deposit and safekeeping or selling of his own goods at wholesale, and/or for the purpose of storing the goods of others placed there in the regular course of commercial dealing and trade to be again removed or reshipped.

Wholesale means the sale of a commodity for resale to the public for direct consumption.

Yard means a required open space, unoccupied and unobstructed by any structure, or portion of any structure, from 30 inches above the ground level of the graded lot upward; provided, however, that fences, walls, poles, posts and other customary yard accessories, ornaments, furniture and HVAC units may be permitted in any yard, and provided further that roof overhangs, eves and other projections of 18 inches or less from the face of the structure shall be allowed to project into any yard. In those cases where a street right-of-way extends within a property line, the required yard adjacent to such street right-of-way shall be measured at right angles from such right-of-way line and not from the property line.

Yard, front, means a yard across the full width of the lot, extending from the front line of the building to the front lot line.

Yard, rear, means a yard located behind the rear line of the main building, if extended, to the perimeter of the lot.

Yard sales/garage sales mean a permitted use of the display and sale of personal property which has been owned or previously used by an individual, business or nonprofit organization in any and all zoning districts. The terms "yard sale" or "garage sale" do not include the mere residential/nonprofit sale of one or two items of personal property when such sale is not part of a general sale of a number of items of personal property. A permit at no fee is required for yard sale/garage sales.

Yard, side, means a yard between the building and side lot line, extending from the front building line to the rear building line.

Zoning map or Official Mount Olive Zoning Map means the Zoning Map of Mount Olive, North Carolina.

Zoning permit means a permit issued by the zoning administrator or his authorized agents that permits the applicant to use or occupy a tract of land or a building or to erect, install, or alter a structure, building, or sign situation in the jurisdiction of the town that fully meet the requirements of this chapter.

Zoning vested right means a right pursuant to G.S. 160A-385.1 to undertake and complete the development and use of property under the terms and conditions of an approved site specific development plan.

(Code 1995, §§ 155.005, 155.006; Ord. of 6-1-1992; Ord. of 4-15-1996; Ord. of 5-10-2002; Ord. of 7-2-2007; Ord. of 1-7-2008(1); Ord. of 2-4-2008(1), § 1; Ord. of 3-3-2008; Ord. of 6-1-2009(1); Ord. of 9-9-2009(2), § 1; Ord. of 4-5-2010(1), § 1; Ord. of 6-6-2011(1), § 1; Ord. of 7-9-2012, § 1; Ord. of 8-6-2012(4), § 1; Ord. of 11-5-2012(1), § 1; Ord. of 1-14-2014, § 8)

(a)

Civil penalty. Any violation of the provisions of this Code of Ordinances shall subject the offender to a civil penalty. In the event there is more than one violation within any thirty-day period, then the civil penalty shall be increased for each additional violation over one during such period, as follows. The date of the first violation shall establish the beginning date for the initial thirty-day period. The next violation within that thirty-day period shall be considered the second violation. Any violations that follow within that thirty-day period shall be numbered sequentially. The penalty shall be:

First offense .....Written warning

Second offense within thirty-day period .....$100.00

Third offense within thirty-day period .....$250.00

Fourth and subsequent offenses within same thirty-day period .....$500.00

The town attorney is authorized to file suit on behalf of the town to collect any unpaid civil penalties. If litigation is required to recover the civil penalties, the town attorney, in addition to the penalties, may recover reasonable attorney fees and other costs incurred in bringing the action and collecting the judgment.

If this ordinance or the application to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given separate effect and to that end the provisions of this ordinance are declared to be severable.

Any ordinance or any part of the ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed.

(b)

Notwithstanding subsection (a) of this section, this chapter may be enforced by appropriate equitable remedies issued from a court of competent jurisdiction.

(c)

Civil penalties may be appealed to the board of adjustment as an administrative appeal.

(Code 1995, § 155.999; Ord. of 6-1-1992; Ord. of 4-15-1996; Ord. of 3-3-2008; Ord. of 2-4-2013(1))

The purpose of these regulations shall be to accomplish a coordinated, balanced, and harmonious development of the land within the corporate limits of the town and within the extraterritorial jurisdiction, in a manner which will best promote the health, safety, morals, convenience, order, prosperity, and general welfare of the people, as well as to provide for efficiency and economy in the process of development, to make adequate provisions for traffic, to secure safety from fire, panic, and other hazards, to provide for light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provision of the transportation, water, sewerage, school, parks, and other public requirements, to promote desirable living conditions and the sustained stability of neighborhoods, and to protect property against blight and depreciation.

(Code 1995, § 155.003; Ord. of 6-1-1992)

The provisions of this chapter shall apply within the corporate limits of the town and within the extraterritorial jurisdiction adopted by the town

(Code 1995, § 155.004; Ord. of 6-1-1992)