2-1.1.

Minimum Requirements. In the interpretation and application of this Ordinance, all provisions shall be considered to be minimum requirements and deemed neither to limit nor repeal any other powers granted under state statutes.

2-1.2.

Greater Restrictions Govern. These regulations shall be the minimum requirements for administration, enforcement, procedures, restrictions, standards, uses, variances, and all other areas addressed by this Ordinance. If any federal or state law or any other existing ordinance or regulation allows lesser regulation, this Ordinance shall govern so that, in all cases, the more restrictive limitation or requirement shall govern. Whenever regulations imposed by this Ordinance are less restrictive than regulations imposed by any governmental authority through regulation, rule or restriction, the regulations imposed by that authority shall govern. Regardless of any other provision of this Ordinance, no land shall be developed or used, and no structure shall be erected or maintained in violation of any state or federal regulation.

2-1.3.

Rounding of Numbers. All calculations that result in a part or fraction of a whole number shall be rounded up to the next highest whole number, except that in calculating density, all calculations that result in a part or fraction of a whole number shall be rounded down to the next lowest whole number.

2-1.4.

Figures and Tables. The figures and tables provided in this Ordinance are designed to provide a visual explanation to selected Sections of the Ordinance. If any illustration appears to be in conflict with the text of the Ordinance, the text shall govern.

2-2.1.

Word Interpretation. Words not defined in this Ordinance shall be given their ordinary and common meaning.

2-2.2.

Rules of Construction. For purposes of this Ordinance, the following rules of construction shall apply:

(A)

Tense. Words used in the present tense include the future tense;

(B)

Singular and Plural. Words used in the singular number include the plural number, and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise;

(C)

Mandatory Meaning. The words 'shall', 'will', and 'must' are mandatory in nature implying an obligation or duty to comply with the particular provision;

(D)

Gender. Words used in the male gender include the female gender; and

(E)

References. Any reference to an Article or Section shall mean an Article or Section of this Ordinance, unless otherwise specified.

2-3.1.

Boundary Interpretation. Where uncertainty exists as to the boundaries of any district shown on the Official Zoning Map, the following rules shall apply:

(A)

Centerline. Where a boundary line lies within and follows a road or alley right-of-way, a railroad right-of-way, or utility easement, the boundary shall be construed to be in the center of such road or alley right-of-way, railroad right-of-way, or utility easement. If such a road or alley right-of-way, railroad right-of-way, or utility easement forming the boundary between two separate zoning districts is abandoned or removed from dedication, the district boundaries shall be construed as following the centerline of the abandoned or vacated road bed or utility easement.

(B)

Edge Line. Where a boundary line follows the edge of a road or alley right-of-way, a railroad right-of-way, or utility easement, the boundary shall be construed to be in the edge of such road or alley right-of-way, railroad right-of-way, or utility easement. If such a road or alley right-of-way, railroad right-of-way, or utility easement forming the boundary between two separate zoning districts is abandoned or removed from dedication, the district boundaries shall be construed as following the edge of the abandoned or vacated road bed or utility easement.

(C)

Lot Line. Boundaries indicated as approximately following lot lines shall be construed as following such lot lines. In the event that a district boundary line divides a lot or tract, each part of the lot or tract so divided shall be used in conformity with the regulations established by this Ordinance for the district in which said part is located.

(D)

Municipal Limits. Boundaries indicated as approximately following municipal limits or extraterritorial boundary lines shall be construed as following the municipal limits or extraterritorial boundary lines.

(E)

County Line. Boundaries indicated as approximately following county lines shall be construed as following the county line.

(F)

Watercourses. Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines.

(G)

Extensions. Boundaries indicated as parallel to, or as extensions of road or alley rights-of-way, channelized waterways, railroad rights-of-way, utility easements, lot lines, municipal limits, county lines, or extraterritorial boundaries, shall be so construed.

(H)

Scaling. Where a district boundary does not coincide with any boundary line as delineated above and no distances are described by specific ordinance, the boundary shall be determined by the use of the scale appearing on the map. In the case of Flood Zones, Flood Hazard Boundary Maps, if available, shall be used for scaling.

2-3.2.

Interpretation by Board of Adjustment. Where existing natural or manmade features on the ground are at variance with those shown on the Official Zoning Map, or are not covered by Section 2-3.1 (Boundary Interpretation), the Board of Adjustment shall interpret the district boundary.

2-3.3.

Annexation. If any portion of the territory subject to county jurisdiction under this Ordinance shall be annexed by a municipality, or taken into a municipality's jurisdiction by act of the General Assembly, or in accordance with NCGS 160A, Article 4A or NCGS 160A-360, county regulations and powers or enforcement shall remain in effect until:

(A)

The municipality has adopted regulations for said annexed or extraterritorial area; or

(B)

A period of sixty days has elapsed following the effective date of annexation or extension of extraterritorial jurisdiction.

2-4.1. Access Easement. An easement which grants the right to cross property.

2-4.2. Accessory Building Structure. A detached subordinate building or structure, the use of which is incidental to that of the principal building or structure and located on the same lot therewith. (See Section 9-5 for specific standards and exceptions related to accessory buildings and structures.)

2-4.3. Accessory Structure. Address. The official house, building, or structure number assigned by the County for a specific lot, building or portion thereof.

2-4.4. Address. The official house, building, or structure number assigned by the County for a specific lot, building or portion thereof.

2-4.5. Adult Bookstore. An establishment that has as a substantial portion (over 25 percent of total retail space) of its stock-in-trade and offers for rent or sale, for any consideration, any one or more of the following: (1) books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or (2) instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities. Specified anatomical areas and specified sexual activities are defined in the County's Ordinance to Regulate Adult Business and Sexually Oriented Businesses in Nash County.

2-4.6. Adult Theater. A theater, concert hall, auditorium or similar establishment characterized by (activities featuring) the exposure of specified anatomical areas or by specified sexual activities. Specified anatomical areas and specified sexual activities are defined in the County's Ordinance to Regulate Adult Business and Sexually Oriented Businesses in Nash County.

2-4.6(A). Agricultural Industry. The mechanical processing of fish, shellfish, poultry, and other natural and manmade animal, vegetable or mineral organisms (including fur-bearing animals, mice and rats, rabbits, winged animals, carnivorous animals, snakes), culturing, processing, development and production of any bona fide farm product.

2-4.6 (B). Agricultural Tourism Business. An enterprise or activity operated in conjunction with and on a bona fide farm that is offered to the general public or to invited groups for the purpose of enjoyment, education, or active involvement in the activities of the farm or operation. This definition may include farm stands, farmers' markets, wineries, and other enterprises that are located on a bona fide farm and sell farm commodities produced on the farm and from other nearby bona fide farms.

2-4.7. Aircraft. Any machine supported for flight in the air by buoyancy or by the dynamic action of air on its surfaces, including, but not limited to, powered airplanes, gliders, helicopters, and dirigibles.

2-4.8. Alley. A roadway which affords only a secondary means of access to abutting property.

2-4.9. Assembly. A joining together of completely fabricated parts to create a finished product.

2-4.10. Athletic Field. Outdoor sites, often requiring equipment, designed for formal athletic competition in field sports (e.g., softball, soccer, football).

2-4.11. Auto Wrecking. A person or establishment that provides open storage, disassembling, or salvaging for junked motor vehicles.

2-4.12. Automobile Repair Services. An establishment primarily engaged in one or more of the following activities: 1) general automotive repair or service, 2) automotive engine repair, 3) installation or repair of automotive transmissions, 4) installation or repair of automotive glass, 5) installation or repair of automotive exhaust systems, 6) repair of automotive tops, bodies and interiors, and 7) automotive painting and refinishing.

2-4.13. Basement. A story of a building or structure having one-half or more of its clear height below grade.

2-4.14. Best Management Practices (BMP). A structural or nonstructural management-based practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water quality protection goals.

2-4.15. Block. The land lying within an area bounded on all sides by roads.

2-4.16. Board of Adjustment. A quasi-judicial body, appointed by the County Board of Commissioners, that is given certain powers under this Ordinance.

2-4.17. Boarding House. A dwelling or part thereof, in which lodging is provided by the owner or operator to more than three boarders.

2-4.18. Buffer. An area of natural or planted vegetation through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. The buffer is measured landward from the normal pool elevation of impounded structures and from the bank of each side of streams and rivers. The widths of buffer areas are established pursuant to the requirements of Section 11-3.

2-4.19. Buffer Yard. A strip of land which is established to separate one type of land use from another type of land use and which contains natural or planted vegetation, berms, walks, or fences in accordance with the provisions of Section 11-3.

2-4.20. Buildable Lot. One or more lots of record in one undivided ownership with sufficient total area, exclusive of easements, flood hazards, well and septic tank fields; sufficient total dimensions; and sufficient access to permit construction thereon of a principal building, together with its required parking and buffer yards.

2-4.21. Building. Any structure that encloses a space used for sheltering any occupancy. Each portion of a building separated from other portions by a fire wall shall be considered a separate building.

2-4.22. Building Height. The vertical distance from grade to the highest finished roof surface in the case of flat roofs or to a point at the average height of the highest roof having a pitch. Height of a building in stories does not include basements, except as specifically provided for in this Ordinance.

2-4.23. Building Line. The line, established by this Ordinance, beyond which the building shall not extend, except as specifically provided by this Ordinance.

2-4.24. Building Separation. The minimum required horizontal distance between buildings.

2-4.25. Built-upon Area. Built-upon areas shall include that portion of a development project that is 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.) Built-upon area requirements for watershed overlay districts are delineated in Sections 12-1.2(B), 12-1.3(C), and 12-1.4(C).

2-4.26. Caliper Inches. Quantity in inches of the diameter of trees measured at six inches above the ground for trees four inches or less in trunk diameter and twelve inches above the ground for trees over four inches in trunk diameter.

2-4.27. Canopy Tree. A species of tree which normally grows to a mature height of forty feet or more with a minimum mature crown width of thirty feet.

2-4.28. Certificate Of Zoning Compliance. A statement, signed by the Zoning Administrator, setting forth either that a building or structure complies with the provisions of this Ordinance, or that building, structure, or parcel of land may lawfully be employed for specified uses, or both.

2-4.29. Cluster Development. The grouping of buildings in order to conserve land resources and provide for innovation in the design of the project including minimizing stormwater runoff impacts. This term includes nonresidential development as well as single-family residential and multi-family developments. For the purpose of this Ordinance, planned unit developments and mixed use development are considered as cluster development. General requirements are provided in Section 9-4.1(B) and for watershed overlay districts, Section 12-1.6.

2-4.30. Collector Road. A road whose principal function is to carry traffic between cul-de-sac, local, and subcollector roads, and roads of higher classification, but which may also provide direct access to abutting properties.

2-4.31. Combination Use. A use consisting of a combination on one lot of two or more principal uses separately listed in the Table of Permitted Uses. (Under some circumstances, a second principal use may be regarded as accessory to the first, and thus a combination use is not established. See Section 9-3.4. In addition, when two or more separately owned or separately operated enterprises occupy the same lot, and all such enterprises fall within the same principal use classification, this shall not constitute a combination use.)

2-4.32. Common Area(s). All areas, including private roads, conveyed to an owners' association within a development, or owned on a proportional undivided basis in a condominium development.

2-4.33. Conditional Use Permit. A permit issued by the Board of Commissioners that authorizes the recipient to make use of property in accordance with the requirements of this Ordinance as well as any additional requirements imposed by the Board of Commissioners.

2-4.34. Condominium. Portions of real estate which are designated for separate ownership, and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

2-4.35. Congregate Care Facility. A facility providing shelter and services for ambulatory individuals who by reason of their age, functional impairment, or infirmity may require meals, housekeeping, and personal care assistance. Congregate care facilities do not include nursing homes or similar institutions devoted primarily to the care of the chronically ill or the incurable.

2-4.36. Convenience Store. A retail store that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a supermarket). It is designed to attract and depends upon a large volume of stop- and-go traffic. Illustrative examples of convenience stores are those operated by the Fast Fare, 7-11, and Pantry chains.

2-4.37. Corner Lot. A lot abutting two or more roads at their intersection.

2-4.38. County. Refers to Nash County, North Carolina.

2-4.39. County Board. Refers to the Nash County Board of County Commissioners.

2-4.40. Critical Area. The area adjacent to a water supply intake where risk associated with pollution is greater than for the remaining portions of the watershed. The critical area is defined as extending either (a) 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 (b) one-half mile upstream from and draining to the intake located directly in the stream or river or the ridge line of the watershed, whichever comes first. Nash County may extend the boundary of the critical area as needed. Major landmarks such as highways or property lines may be used to delineate the outer boundary of the critical area if these landmarks are immediately adjacent to the appropriate outer boundary of one-half mile.

2-4.41. Critical Root Zone. The rooting area of a tree established to limit root disturbance, generally defined as a circle with a radius extending from a tree's trunk to the furthest point of the crown dripline.

2-4.42. Cul-de-Sac Road. A short local road having one end open to traffic and the other end permanently terminated by a vehicular turnaround.

2-4.43. Day. Any reference to days shall mean calendar days unless otherwise specified. A duration of days shall include the first and last days on which an activity is conducted, and all days in between, unless otherwise specified by state law.

2-4.44. Day Care Center. A child day care facility as defined in NCGS 110-86(3) as well as a center providing day care on a regular basis for more than two hours per day for more than five adults. See Section 11-4.27 for specific provisions related to day care centers.

2-4.45. Developer. A person engaging in development.

2-4.46. Development. Any manmade change to improved or unimproved real estate, including, but not limited, to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations or storage of equipment or materials.

2-4.47. Development, Density of. The density of development shall be determined using a gross acreage system. The total area of the tract, including areas to be used for new roads, rights-of-way, drives, parking, structures, recreation areas, dedicated areas, and required setbacks, shall be used for density calculations.

2-4.48. Domestic Wastewater Discharge. The discharge of sewage, non-process industrial wastewater, other domestic wastewater or any combination of these items. Unless specifically excepted by the NCDEM, domestic wastewater includes liquid waste generated by domestic water-using fixtures and appliances, from any residence, place of business, or place of public assembly even if it contains no sewage. Examples of domestic wastewater include once-through, non-contact cooling water; seafood packing facility discharges; and wastewater from restaurants.

2-4.49. Drainage Easement. An easement which grants the right of water drainage to pass in open channels or enclosed structures.

2-4.50. Drainageway. Any natural or manmade channel that carries surface runoff from precipitation.

2-4.51. Dripline. A vertical line extending the outermost portion of a tree's canopy to the ground.

2-4.52. Duplex. (See Two-Family Dwelling.)

2-4.53. Dwelling Unit. One or more rooms designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided therein. Units in dormitories, hotels, motels, shelters for the homeless, or other structures designed for transient residents are not dwelling units.

2-4.54. Easement. A grant of one or more of the property rights by the property owner to, or for use by, the public, a corporation, or other entities.

2-4.55. Emergency Shelter. A facility providing, without charge, temporary sleeping accommodations, with or without meals, for individuals and/or families displaced from their residences as a result of sudden natural or manmade catastrophe including, but not limited to, earthquake, fire, flood, tornado, hurricane, or the release of hazardous or toxic substance(s) into the environment. Such a natural or manmade catastrophe must be designated by the responsible local, state, or federal official, or an emergency agency such as the American Red Cross or the Emergency Management Assistance Agency.

2-4.56. Existing Lot (Lot of Record). See Lot of Record.

2-4.57. Existing Development. Those projects that are built or those projects that at a minimum have established a vested right under North Carolina zoning law as of the effective date of this Ordinance based on at least one of the following criteria:

(A)

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

(B)

Having an outstanding valid building permit as authorized by NCGS 153A-344.1, or

(C)

Having an approved site specific or phased development plan as authorized by NCGS 153A-344.1.

2-4.58. Extraterritorial Planning Area. That portion of a municipal planning jurisdiction that lies outside of the corporate limits of the municipality.

2-4.59. Family. One or more persons occupying a dwelling unit and living as a single household.

2-4.60. Family Care Home. A home meeting the North Carolina Residential Building Code with support and supervisory personnel that provides room and board, personal care and habilitation services in a family environment for six or less resident handicapped persons, pursuant to NCGS 168-21.

2-4.60(A). Farm Use. Bona Fide. As defined by the United States Department of Agriculture (USDA), any operation selling at least ($1.000.00) average annual income of agricultural commodities, or that would have sold that amount of produce under normal circumstances over a three year period from the date of application as shown on IRS Form (F). Additionally, a farm shall be classified as "bona fide" if participating in the Nash County Use Value Assessment Program for the taxation of agricultural, horticultural, and forestland.

2-4.61. Fence. A physical barrier or enclosure consisting of wood, stone, brick, block, wire, metal or similar material, used as a boundary or means or protection or confinement, but not including a hedge or other vegetation.

2-4.62. Flood Hazard Area. See Section 12-2.1 for flood hazard-related definitions.

2-4.63. Grade, Finished. The final elevation of the ground surface after development.

2-4.64. Grade, Natural. The elevation of the ground surface in its natural state before manmade alterations.

2-4.65. Gross Floor Area. The sum of the gross horizontal areas of one or several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet.

2-4.66. Group Care Facility. A facility licensed by the State of North Carolina (by whatever name it is called, other than "Family Care Home," as defined by this Ordinance), with support and supervisory personnel that provides room and board, personal care or habilitation services in a family environment for not more than thirty people.

2-4.67. Group Development. A development in which, in lieu of division of a tract of land into separate lots of record for separate principal buildings, a tract of land is divided into two or more principal building sites for the purpose of building development (whether immediate or future), and occupancy by separate families, firms, businesses, or other enterprises.

2-4.68. Habitable Floor. Any floor useable for living purposes which includes working, sleeping, eating, cooking or recreation or a combination thereof. A floor used only for storage purposes is not a habitable floor.

2-4.69. Halfway House. A home for not more than nine persons who have demonstrated a tendency toward alcoholism, drug abuse, mental illness (as defined in 35 A-1101 (12)), or antisocial or criminal conduct, together with not more than two persons providing supervision and other services to such persons, all of whom live together as a single housekeeping unit.

2-4.70. Hazardous Waste Treatment Facility. A facility which is established and operated for the recovery, recycling, treatment, storage during collection and prior to treatment, short-term storage after treatment, collection, processing, volume reduction, source separation, or transportation used exclusively in connection with the facility, of hazardous waste; and which facility includes several of the following equipments and processes: incinerators, rotary kilns, drum handling, washing and crushing facilities, raw waste tank storage, reduction, neutralization, detoxification, wastewater treatment facilities, including settling systems, aerobic digesters, anaerobic digesters, clarifiers, neutralization facilities, solidifying facilities, evaporators, reactions to facilities 'reuse' or recycling, analytical capabilities, and other similar appropriate technologies, activities and processes as may now exist or be developed in the future.

2-4.71. Home Occupation. A commercial use or activity that is conducted entirely within a dwelling or accessory structure by the occupants thereof, that is clearly incidental and secondary to the use of the dwelling for residential purposes and that does not change the character of the residence or create a significant adverse impact on the surrounding neighborhood. See Section 11-4.38 for specific regulations concerning home occupations.

2-4.72. Homeless Shelter. A facility operating year-round which provides lodging and supportive services including, but not limited to, a community kitchen; assistance in obtaining permanent housing; medical counseling, treatment, and/or supervision; psychological counseling, treatment, and/or supervision; assistance in recuperating from the effects of or refraining from the use of drugs and/or alcohol; nutritional counseling; employment counseling; job training and placement; and child care for indigent individuals and/or families with no regular home or residential address; and which complies with the following requirements: 1) the facility shall be contained within the building and operated by a government agency or nonprofit organization; 2) a minimum floor space of fifty square feet shall be provided for each individual sheltered; and 3) the facility operator(s) shall provide continuous on-site supervision by an employee(s) and/or volunteer(s) during the hours of operation.

2-4.73. Horse Show. A temporary equestrian activity which is not conducted in conjunction with a riding academy.

2-4.74. Industrial Discharge. The discharge of industrial process treated wastewater or wastewater other than sewage and includes:

(A)

Wastewater resulting from any process of industry or manufacture, or from the development of any natural resource;

(B)

Wastewater resulting from processes of trade or business, including wastewater from laundromats and car washes, but not wastewater from restaurants;

(C)

Stormwater will not be considered to be an industrial wastewater unless it is contaminated with industrial wastewater; or

(D)

Wastewater discharged from a municipal wastewater treatment plant requiring a pretreatment program.

2-4.75. Interior Setback. A setback from any property line not alongside a road.

2-4.75(a) Internet Sweepstakes Cafe. Any business enterprise 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. This term includes, but is not limited to, Internet sweepstakes, video sweepstakes, electronic gaming operations or cybercafes. This does not include any lottery approved by the State of North Carolina.

2-4.76. Junk/Salvage Yard. A commercial or industrial use of land or area that involves the storage, keeping, or accumulation of material, including scrap metals, waste paper, rags, or other scrap materials, or used building materials, for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.

2-4.77. Junked Motor Vehicle. A motor vehicle that does not display a current license plate and is one or more of the following: 1) is partially dismantled or wrecked; or 2) cannot be self-propelled or moved in the manner in which it originally was intended to move; or 3) more than five years old and appears to be worth less than one hundred dollars; provided that any motor vehicle used on a regular basis for business or personal use shall not be caused to be removed or disposed.

2-4.78. Landfill. A facility for the disposal of solid waste on land in a sanitary manner in accordance with Chapter 130A Article 9 of the NC General Statutes. For the purpose of this Ordinance, this term does not include composting facilities.

2-4.79. Landfill, Demolition and Construction Debris. A disposal site for stumps, limbs, leaves, concrete, brick, wood and uncontaminated earth. Disposal of any other types of waste must be approved by the NC Division of Health Services. (Areas under two acres to be used for parking lots or non-habitable buildings for which a building permit has been issued, using solid blocks, bricks, and uncontaminated soil for filling, is exempt from this definition.)

2-4.80. Landfill, Discharging. A facility with liners, monitoring equipment and other measures to detect and/or prevent leachate from entering the environment and in which the leachate is treated on site and discharged to a receiving stream.

2-4.81. Landfill, Sanitary/Solid Waste. A site for solid waste disposal from residential, industrial or commercial activities.

2-4.82. Local Road. A road whose primary function is to provide access to abutting properties.

2-4.83. Lot. A portion of a subdivision or any other parcel of land intended as a unit for transfer of ownership, or for development or both. The word 'lot' includes 'plot', 'parcel', or 'tract'.

2-4.84. Lot Area. The total area circumscribed by boundaries of a lot except that when the legal instrument creating a lot shows the boundary of the lot extending into a public road or private right-of-way, then the lot boundary for purposes of computing the lot area shall be the road right-of-way line, or if the right-of-way line cannot be determined, a line running parallel to and 30 feet from the center of the traveled portion of the road.

2-4.85. Lot Coverage. The portion of a lot covered by building(s) and/or structure(s).

2-4.86. Lot Depth. The distance measured along the perpendicular bisector of the smallest possible rectangle enclosing the lot.

2-4.87. Lot Line, Front. The boundary line of a lot running along a road right-of-way. If a lot has two property lines which are also road right-of-way lines abutting different roads, then the shorter of those two lines shall constitute the front lot line; if both lines are equal, the front lot line shall be determined by the property owner if the front property line has not been designated on a final plat (minimum building lines are construed to designate the front lot line).

2-4.88. Lot of Record. A lot, plot, parcel, or tract recorded in the Office of the Register of Deeds in conformance with the ordinance(s) in effect at the time of recordation.

2-4.89. Lot Width. The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line.

2-4.90. Major Thoroughfare Road. Major thoroughfares consist of interstate, other freeway, expressway, or parkway links, and major roads that provide for the expeditious movement of high volumes of traffic within and through urban areas.

2-4.91. Major Variance. A variance from the watershed overlay district requirements that results in any one or more of the following:

(A)

The complete waiver of any of the management requirements outlined in Sections 12-1.2, 12-1.3, 12-1.4, 12-1.7, 12-1.8 and 12-1.11.

(B)

The relaxation, by a factor of greater than ten percent, of any of the above-referenced management requirements.

(C)

Any variation in the design, maintenance or operation requirements of a wet detention pond or other approved stormwater management system.

Note— This definition is applicable only to variances from requirements delineated for watershed protection overlay districts.

2-4.92. Manufactured Home. A dwelling unit, designed for use as a permanent residence, that is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed for installation or assembly and installation on the building site.

2-4.93. Manufactured Home, Class A. A dwelling unit that: (i) is not constructed in accordance with the requirements of the North Carolina Uniform Residential Building Code as amended, and (ii) is composed of two or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site, and (iii) meets or exceeds the construction standards of the US Department of Housing and Urban Development, and (iv) conforms to the following appearance criteria:

(A)

The manufactured home has a minimum width, as assembled on the site, of twenty feet;

(B)

The pitch of the manufactured home's roof has a minimum nominal vertical rise of three inches for each 12 inches of horizontal run and the roof is finished with asphalt or fiberglass shingles;

(C)

A continuous, permanent curtain wall, unpierced except for required ventilation and access, is installed under the manufactured home; and

(D)

The tongue, axles, transporting lights, and removable towing apparatus are removed after placement on the lot and before occupancy.

2-4.94. Manufactured Home, Class B. A manufactured home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the US Department of Housing and Urban Development that were in effect at the time of construction, but that does not satisfy all of the criteria necessary to qualify as a Class A manufactured home but meets the following standards: (A) skirting or a curtain wall, unpierced except for required ventilation and access, is installed under the manufactured home and may consist of brick, masonry, vinyl, or similar materials designed and manufactured for permanent outdoor installation and (B) stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the home are installed or constructed in accordance with the standards set by the NC Department of Insurance and attached firmly to the primary structure and anchored securely to the ground.

2-4.95. Reserved.

2-4.96. Manufactured Home Park. A residential use in which more than 3 Class A, or B manufactured homes are located on a single lot or tract. See Section 11-4.46 for specific provisions related to manufactured home parks.

2-4.97. Manufactured Home Space. A designated area of land within a manufactured home park designed for the accommodation of a single manufactured dwelling home in accordance with the requirements of this Ordinance.

2-4.98. Marquee. Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.

2-4.99. Minor Thoroughfare Road. Minor thoroughfares collect traffic from collector, subcollector, and local roads and carry it to the major thoroughfare system. Minor thoroughfares may be used to supplement the major thoroughfare system by facilitating movement of moderate volumes of traffic within and through urban areas and may also serve abutting property.

2-4.100. Minor Variance. A variance from the watershed overlay district requirements that results in a relaxation, by a factor of up to five percent, of any buffer, density or built-upon area requirements delineated in Section 12-1.12 or that results in a relaxation, by a factor of up to ten percent, of any management requirement in Sections 12-1.2, 12-1.3, 12-1.4, 12-1.7, 12-1.8 and 12-1.11.

Note— This definition is applicable only to variances from requirements delineated for watershed protection overlay districts.

2-4.101. Modular Home. A dwelling unit constructed in accordance with the standards set forth in the NC State Building Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a modular home may consist of two or more sections transported to the site in a manner similar to a manufactured home (except that the modular home meets the NC State Building Code), or a series of panels or room sections transported on a truck and erected or joined together on the site.

2-4.102. Multi-Family Dwelling. A building or portion thereof used or designed as a residence for three or more families living independently of each other with separate housekeeping and cooking facilities for each, and includes apartments, townhouses and condominiums.

2-4.103. Multi-Tenant Building. A building that is used for two or more occupancies, provided each occupancy is separated by construction having fire-resistive ratings in compliance with the NC Building Code.

2-4.104. Non-process Discharge. Industrial effluent not directly resulting from the manufacturing process. An example would be non-contact cooling water from a compressor.

2-4.105. Nonconforming. A lot, structure, sign, or use of land, which is now prohibited under the terms of this Ordinance, but was lawful at the date of this Ordinance's enactment, or any amendment or revision thereto.

2-4.106. Nonconforming Lot(s). A lot of record that does not conform to the dimensional requirements of the zoning district in which it is located. The nonconformity may result from adoption of this Ordinance or any subsequent amendment.

2-4.107. Nonconforming Project. Any structure, development, or undertaking that is incomplete at the effective date of this Ordinance and would be inconsistent with any regulation applicable to the district in which it is located if completed as proposed or planned.

2-4.108. Nonconforming Situation. A situation that occurs when, on the effective date of this Ordinance, any existing lot or structure or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a nonconforming situation may arise because a lot does not meet minimum acreage requirements, because structures exceed maximum height limitations, because the relationship between existing buildings and the land (in such matters as density and set-back requirements) is not in conformity with this Ordinance, because signs do not meet the requirements of this Ordinance (Section 11-1), or because land or buildings are used for purposes made unlawful by this Ordinance.

2-4.109. Nonconforming Structure(s). A structure that does not conform to the requirements of this Ordinance. The nonconformity may result from adoption of this Ordinance or any subsequent amendment.

2-4.110. Nonconforming Use. A use which once was a permitted use on a parcel of land or within a structure, but which is not now a permitted use. The nonconformity may result from the adoption of this Ordinance or any subsequent amendment.

2-4.111. Nonconformity, Dimensional. A nonconforming situation that occurs when the height, size, or minimum floor space of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located.

2-4.112. Nursing Home. An establishment which provides full-time convalescent or chronic care, or both, to persons who are not related by blood or marriage to the operator, or who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.

2-4.113. Outdoor Religious Event. An activity of a religious organization that is conducted outdoors as a free-standing use and is not an accessory use to a principal use such a church or other place of worship. An example of an outdoor religious event would be a tent revival.

2-4.114. Owner. A holder of any legal or equitable estate in the premises, whether alone or jointly with others, and whether in possession or not.

2-4.114(a). Patio Home. A single family dwelling on a separate lot, situated with open space setbacks on three sides. A patio home may be attached to an adjacent patio home at the common lot line on the fourth side, or may be situated with a zero side setback on one side. Patio homes are subject to the provision of zero side setback development (UDO Section 9-4.1 (C ) ).

2-4.115. Pedestrian Way. A right-of-way or easement dedicated to public use to facilitate pedestrian access to adjacent roads and properties.

2-4.116. Permit-issuing Authority/Board. The person or board authorized by this Ordinance to issue a permit in accordance with the requirements of this Ordinance. The term applies to the Zoning Administrator when issuing a zoning or sign permit, the Board of Adjustment when issuing a special use permit and the Board of Commissioners when issuing a conditional use permit.

2-4.117. Person. Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, or public or private institution, utility, cooperative, interstate body or other legal entity.

2-4.118. Planned Unit Development (PUD). An area of land under unified ownership or control to be developed and improved as a single entity under a Unified Development Plan in accordance with and subject to the requirements of this Ordinance.

2-4.119. Planning Department. The Office of County Planning of Nash County.

2-4.120. Plat. A surveyed map or plan of a parcel of land which is to be, or has been subdivided.

2-4.121. Plat, Final. The final map of all or a portion of a subdivision or site, showing the boundaries and location of lots, roads, easements and any other requirements of Appendix 1, which is presented for County approval and subsequent recordation in the Nash County Register of Deeds Office.

2-4.122. Plat, Preliminary. A map indicating the proposed layout of the subdivision or site showing lots, roads, water, sewer, storm drainage, and any other requirements of Appendix 1, which is presented for preliminary approval.

2-4.123. Principal Building. A building in which is conducted the principal use of the zone lot on which it is located or, in a group development, of the building site on which it is located. Any dwelling is considered a principal building unless it is a farm tenant dwelling; or a residence for a pastor; or a caretaker dwelling accessory to a nonresidential use (limited to one such residence per lot; See Section 11-4.16).

2-4.124. Principal Dwelling. Any principal building or structure which is used and designed for human habitation including living, sleeping, cooking and eating activities excluding dormitories, hotels, motels, shelters for the homeless or other structures designed for transient residents.

2-4.125. Principal Structure. A structure(s) in which is conducted the principal use(s) of the lot on which it is located.

2-4.126. Private Dormitory. A multiple unit residential accommodation which is established directly or indirectly, in association with a college, business college, trade school or university, for the purpose of housing students registered and attending such an institution. A private dormitory may contain food preparation and eating facilities primarily for the use of its occupants.

2-4.127. Private Drive. A vehicular travelway not dedicated or offered for dedication as a public road, providing access to parking lot(s) for two or more principal buildings in a group housing or group nonresidential development.

2-4.128. Private Sewer. A system which provides for collection and/or treatment of wastewater from a development, or property, and which is not maintained with public funds.

2-4.129. Private Road. A vehicular travelway not dedicated or offered for dedication as a public road, but resembling a cul-de-sac or a local road by carrying traffic from a series of driveways to the public road system. Private roads may not be approved when access is provided to more than 10 lots, parcels or tracts. Private roads must comply with the requirements of Section 10-7.3(G).

2-4.130. Private Water. A system which provides for the supply and/or distribution of potable water for use by a development, project, or owner, and which is not operated or maintained by a government organization or utility district.

2-4.131. Protected Area. The area adjoining and upstream of the watershed critical area of WS-IV watersheds. The boundaries of the protected area are defined as within five miles of and draining to the normal pool elevation of the reservoir or to the ridgeline of the watershed; or within 10 miles upstream and draining to the intake located directly in the stream or river or to the ridgeline of the watershed.

2-4.132. Public Sewer. A system which provides for the collection and treatment of sanitary sewage from more than one property, and is owned and operated by a government organization or sanitary district.

2-4.133. Public Road. A dedicated public right-of-way for vehicular traffic which 1) has been accepted by NCDOT for maintenance; or 2) is not yet accepted but in which the roadway design and construction have been approved under public standards for vehicular traffic. Alleys are specifically excluded.

2-4.134. Public Water. A system which provides distribution of potable water for more than one property and is owned and operated by a government organization or utility district.

2-4.135. Rear Setback. A setback from an interior property line lying on the opposite side of the lot from the front road setback.

2-4.136. Recreational Vehicle. A vehicle which is built on a single chassis, designed to be self-propelled or permanently towable by a light duty vehicle, and designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use.

2-4.137. Recreational Vehicle Park. Any site or tract of land, of contiguous ownership, upon which fifteen or more recreational vehicles or tent spaces are provided for occupancy according to the requirements set forth in this Ordinance.

2-4.138. Recreational Vehicle Space. A plot of land within a recreational vehicle park designed for the accommodation of one recreational vehicle in accordance with the requirements set forth in this Ordinance.

2-4.139. Reservation. An obligation shown on a plat or site plan to keep property free from development and available for public acquisition for a stated period of time. It is not a dedication nor a conveyance.

2-4.140. Residuals. Any solid or semi-solid waste generated from a wastewater treatment plant, water treatment plant or air pollution control facility permitted under the authority of the Environmental Management Commission.

2-4.141. Retaining Wall. A structure, either masonry, metal, or treated wood, designed to prevent the lateral displacement of soil, rock, fill or other similar material.

2-4.142. Reverse Frontage Lot. A through lot which is not accessible from one of the parallel or non-intersecting roads upon which it fronts.

2-4.143. Riding Academy. A commercial facility or school which is open to the general public and offers such activities as riding lessons, horse training, and boarding of horses. For purposes of this ordinance, riding academy does not include the keeping of horses for personal use.

2-4.144. Road Right-of-Way. A strip of land occupied or intended to be occupied by a travelway for vehicles and also available, with the consent of the appropriate governmental agency, for installation and maintenance of sidewalks, traffic control devices, traffic signs, road name signs, historical marker signs, water lines, sanitary sewer lines, storm sewer lines, gas lines, power lines, and communication lines.

2-4.145. Road Setback. Any setback from a street, road, or lane.

2-4.146. Roof Line. The top edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette.

2-4.147. Rooming Unit. A room designed, occupied, or intended for occupancy as separate living quarters with sleeping, but not necessarily cooking and sanitary facilities provided therein.

2-4.148. Rural Family Occupation. A nonresidential use allowed by special use permit as an accessory use to a residential use in certain designated residential zoning districts. Rural family occupations must comply with the requirements of Section 11-4.66.

2-4.149. Salvage Yard, Auto Parts. Any establishment listed in the Standard Industrial Classification Manual under Industry Number 5015. Also, any land or area used, in whole or part, for the storage, keeping, accumulation, dismantling, demolition, or abandonment of inoperable vehicles or parts therefrom.

2-4.150. Salvage Yard, Scrap Processing. Any establishment listed in the Standard Industrial Classification Manual under Industry Number 5093. Also, any residential or nonresidential land or area used, in whole or part, for the storage, keeping, accumulation of scrap or waste materials, including scrap metals, waste paper, rags, building materials, machinery, or other scrap materials.

2-4.151. Seating Capacity. The actual seating capacity of an area based upon the number of seats, or one seat per eighteen inches of bench or pew length. For other areas where seats are not fixed, the seating capacity shall be determined as indicated by the NC Building Code.

2-4.152. Setback. The minimum required horizontal distance between a structure or activity and the property line or the road right-of-way line.

2-4.153. Shopping Center. A group of commercial establishments planned, developed, and managed as a unit with a unified design of buildings and with coordinated parking and service areas.

2-4.154. Side Setback. Any interior property line setback other than a rear setback.

2-4.155. Sight Distance Easement. An easement which grants to the entity responsible for road maintenance the right to maintain unobstructed view across property located at a road intersection.

2-4.156. Sign Permit. A zoning permit issued by the Zoning Administrator that authorizes the location of a sign.

2-4.157. Single-Family Detached Dwelling. A separate, detached building designed for and occupied exclusively by one family.

2-4.158. Sketch Plan. A rough sketch of a proposed subdivision or site, showing roads, lots, and any other information of sufficient accuracy to be used for discussion of the road system and the proposed development pattern.

2-4.158(a). Solar Farm. A facility used to convert solar energy into electrical power for interconnection with the power grid for primarily off-site energy consumption.

2-4.159. Special Promotion. An advertising activity or circumstance of a business which is not part of its daily activities or normal routine, and in which the display or sale of merchandise, wares, or other tangible items is the sole purpose for the promotion. Special promotions include grand openings or closeout sales, but do not include reoccurring sales advertisements or other similar publicity.

2-4.160. Special Use Permit. A permit issued by the Board of Adjustment that authorizes the recipient to make use of property in accordance with the requirements of this Ordinance or as well as any additional requirements imposed by the Board of Adjustment.

2-4.161. Stabilizing Vegetation. Any vegetation that protects the soil against erosion.

2-4.162. Storm Drainage Facilities. The system of inlets, conduits, channels, ditches and appurtenances which serve to collect and convey stormwater through and from a given drainage area.

2-4.163. Stormwater Runoff. The direct runoff of water resulting from precipitation in any form.

2-4.164. Structure. Anything constructed, erected, or placed.

2-4.165. Subcollector Road. A road whose principal function is to provide access to abutting properties, but which is also designed to be used or is used to connect local roads with collector or higher classification roads.

2-4.166 Subdivider. Any person who subdivides land.

2-4.167. Subdivision. All divisions of a tract or parcel of land into two or more lots, building sites when any one or more of those divisions is created for the purpose of sale or building development (whether immediate or future), and includes all division of land involving the dedication of a new road or a change in existing roads; however, the following are not included within this definition and are not subject to any subdivision approval regulations in this Ordinance:

(A)

The combination or recombination of a portion of previously subdivided and recorded lots if the total number of lots is not increased, and the resultant lots are equal to or exceed the standards of this Ordinance;

(B)

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

(C)

The public acquisition by purchase of strips of land for the widening or opening of roads; and

(D)

The division of a tract in single ownership, the entire area of which is not greater than two acres into not more than three lots, if no road right-of-way dedication is involved, and if the resultant lots are equal to or exceed the standards of this Ordinance.

(E)

The division of land for use as gravesites.

Plats deemed to be an exception to the provisions of this Ordinance may be recorded provided the owner desiring to record such plats shall obtain a Certificate of Exception (see Appendix 2) from the Planning Director and shall present such certificate to the Nash County Register of Deeds as proof that the exception condition is present.

Exemption of a partition of land from the definition of 'subdivision' shall not exempt any resulting lots, tracts or parcels from meeting the requirements of this Ordinance for the granting of zoning, building, or health department permits.

2-4.168. Subdivision, Major. A subdivision involving more than 2 lots or requiring an access easement(s), or requiring any new public or private road(s), or extension of any easement(s), public or private road(s), for access to interior property, or requiring extension of a public sewer or water line, or requiring a waiver or variance from the requirement of this Ordinance.

2-4.169. Subdivision, Minor. A subdivision involving 2 or less lots fronting on an existing approved public road(s), not requiring any new public or private road(s) nor easements for access to interior property, not requiring extension of a public sewer or water line, and not requiring a waiver or variance from any requirement of this Ordinance.

2-4.170. Swimming Pool. A water-filled enclosure, permanently constructed having a depth of more than eighteen (18) inches below the level of the surrounding land, or an above-surface pool, having a depth of more than thirty inches designed, used, and maintained for swimming and bathing.

2-4.171. Swine Farm. Any tract or contiguous tracts of land which is devoted to raising animals of the porcine species and which is served by an animal waste management system having a design capacity of 600,000 pounds steady state live weight (SSLW) or greater, regardless of the actual number of swine on the farm.

2-4.172. Temporary Building. Any building of an impermanent nature, or one which is designed for use for a limited time, including any tent or canopy.

2-4.172(a). Temporary Construction, Storage or Office; Real Estate Sales or Rental Office. An office for the sale of lots or homes in an approved subdivision is a permitted use in a residential zone as long as the sales are for homes or lots within the subdivision in which the modular office unit is located only.

2-4.173 Temporary Hardship Manufactured Home. A Class B manufactured home, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person. (See Section 11-4.77 for specific development standards.)

2-4.174(a) Temporary Commercial Construction Office. A temporary office located on a nonresidential construction site. (See Section 11-4.78(a) for specific standards related to such residences.)

2-4.174(b) Temporary Constrution/Repair Residence. A temporary residence that is located on the same lot as a permanent residence that is under construction or undergoing substantial repairs or renovations. (See Section 11-4.78(b) for specific standards related to such residences.)

2-4.174(c) Temporary Emergency Repair Residence. A temporary residence that is located on the same lot as a permanent residence made uninhabitable by fire, flood, or other natural disaster while it is undergoing substantial repairs, reconstruction, or replacement. (See Section 11-4.78(c) for specific standards related to such residences.)

2-4.175. Temporary Event. An activity sponsored by a governmental, charitable, civic, educational, religious, business, or trade organization which is infrequent in occurrence and limited in duration. Examples include arts and crafts shows, athletic events, community festivals, carnivals, fairs, circuses, concerts, conventions, exhibitions, trade shows, horseshows, outdoor religious events and other similar activities.

2-4.176. Temporary Shelter. A facility which provides temporary lodging during times of life-threatening weather conditions for indigent individuals and/or families with no regular home or residential address; and which complies with the following requirements: 1) the facility shall be contained within the building of and operated by a government agency or nonprofit organization; 2) a minimum floor space of fifty square feet shall be provided for each individual sheltered; and 3) the facility operator(s) shall provide continuous on-site supervision by an employee(s) and/or volunteer(s) during the hours of operation.

2-4.177. Temporary Structure. Any structure of an impermanent nature or one which is designed for use for a limited time, including any tent or canopy.

2-4.178. Ten-Year Storm. The surface runoff resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in ten years and of a duration which will produce the maximum peak rate of runoff for the watershed of interest under average antecedent wetness conditions.

2-4.179. Tenant. Any person who alone, or jointly, or severally with others occupies a building under a lease or holds a legal tenancy.

2-4.180. Thoroughfare Plan. A plan adopted by the County Board of Commissioners for the development of existing and proposed major roads that will adequately serve the future travel needs of an area in an efficient and cost effective manner.

2-4.181. Through Lot. A lot abutting two roads that do not intersect at the corner of the lot.

2-4.182. Tourist Home. A private residence in which accommodations are provided for lodging and may include meals for overnight guests for a fee.

2-4.183. Tower Co-location. An arrangement whereby more than one user occupies a single tower or structure.

2-4.184.Tower, Communications. A structure greater than sixty feet in height whose primary purpose is to support communications equipment. This definition includes tower/antenna/building combinations and the height measurement applies to those combinations. This definition shall not include wire-supporting electric power transmission and telephone poles.

2-4.185. Tower, Lattice. A guyed or self-supporting multi-sided, open, steel frame structure used to support communications equipment.

2-4.186. Tower, Monopole. A structure composed of a single spire used to support communications equipment.

2-4.187. Townhouse Dwelling. A building consisting of single-family residences attached to one another in which each unit is located on an individually-owned parcel, generally within a development containing drives, walks and open space in common area.

2-4.188. Townhouse Lot. A parcel of land intended as a unit for transfer of ownership, and lying underneath, or underneath and around, a townhouse, patio home, or unit in a nonresidential group development.

2-4.189. Toxic Substance. Any substance or combination of substances (including disease causing agents), which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression in reproduction or growth) or physical deformities in such organisms or their offspring or other adverse health effects.

2-4.190. Tract. All continuous land and bodies of water in one ownership, or contiguous land and bodies of water in diverse ownership, being developed as a unit, although not necessarily all at one time.

2-4.191. Two-Family Dwelling. A building on one lot arranged and designed to be occupied by two families living independently of each other.

2-4.192. Understory Tree. A species of tree which normally grows to a mature height of fifteen to thirty-five feet in height.

2-4.193. Use. The purpose or activity for which land or structures is designed, arranged or intended, or for which land or structures are occupied or maintained.

2-4.194. Use(s), Accessory. A structure or use that: 1) is clearly incidental to and customarily found in connection with a principal building or principal use; 2) is subordinate to and serves a principal building or principal use; 3) is subordinate in area, extent, or purpose to the principal building or principal use served; 4) contributes to the comfort, convenience, or necessity of occupants, business, or industry, in the principal building or principal use served; and 5) is located on the same lot as the principal building or principal use served.

2-4.195. Use, Mixed. Occupancy of building or land by more than one use.

2-4.196. Use(s), Principal. The primary purpose or function that a lot or structure serves or is proposed to serve.

2-4.197. Utility Easement. An easement which grants to the Board of Commissioners or other utility providers the right to install and thereafter maintain any and all utilities including, but not limited to, water lines, sewer lines, septic tank drain fields, storm sewer lines, electrical power lines, telephone lines, natural gas lines and community antenna television systems.

2-4.197(a). Utility Field Office (Government-Owned). A building or facility owned and operated by a government organization or utility district to maintain the infrastructure for a public service including electricity, natural gas, water and sewage.

2-4.198. Variance. Official permission to depart from the requirements of this Ordinance. All variance requests are heard and decided by the Board of Adjustment (Article VII) except for requests for variances from the Watershed District Overlay requirements which are heard and decided by the Planning Board (Section 12-1.10).

2-4.199. Velocity. The average velocity of flow through the cross section of the main channel at the peak flow of the storm of interest. The cross section of the main channel shall be that area defined by the geometry of the channel plus the area of flow below the flood height defined by vertical lines at the main channel banks. Overload flows are not to be included for the purpose of computing velocity of flow.

2-4.200. Waiver. Official permission from a designated permit-issuing authority, other than the Board of Adjustment, to depart from specified requirements of this Ordinance.

2-4.201. Water-Dependent Structure. Any structure for which the use requires access to or proximity to or siting within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial boat storage areas are not water-dependent structures.

2-4.202. Watershed. The entire land area contributing surface drainage to a specific point (e.g., the water supply intake). For purposes of the water supply protection regulations contained herein, major landmarks such as highways or property lines may be utilized by Nash County to delineate the outer boundary of the drainage area if these landmarks are immediately adjacent to the ridge line.

2-4.203. Wet Detention Pond. A pond that has a permanent pool and which also collects stormwater runoff, filters the water, and releases it slowly over a period of days.

2-4.203(a). Yard sale (attic sale, lawn sale or garage sale). The sale of residential household items which have been owned or used primarily by a person residing on the premises where the sale is conducted, and shall not include items purchased for resale, and shall be limited to no more than two days in any one year time period. Yard sales located on the property of a church, club, lodge or similar organization for individuals that are members of such an organization, are permitted but are limited to no more than three days in any one year time period.

2-4.204. Zero Side Setback. An alternate form of dimensional requirements that allows a dwelling unit to have one side setback of zero distance from a side property line. This definition does not apply to townhouses.

2-4.205. Zoning Administrator. The person(s) authorized by Section 3-3 who is responsible for administering and enforcing this Ordinance.

2-4.206. Zoning District. An area defined by this Ordinance and delineated on the Official Zoning Map, in which the requirements for the use of land and in which building and development standards are prescribed.

2-4.207. Zoning Permit. A permit issued by the Zoning Administrator that authorizes the recipient to make use of property in accordance with the requirements of this Ordinance.

2-4.208. Zoning Vested Right. A right established pursuant to NCGS 153A-344.1 to undertake and complete the development and use of property under the terms and conditions of an approved site development plan. (See Section 4-15.)

(Ord. of 1-4-2010, § 2-4; Ord. of 7-12-2010, Amd. 4; Ord. of 10-4-2010; Ord. of 1-10-2011(2); Ord. of 8-1-2011; Ord. of 10-3-2011, Amd. 1; Ord. of 2-2-2015(1), § 1)