This article shall be known as the town zoning ordinance.

(Code 2002, § 18-31; Ord. of 1-5-1993, art. I, § 1)

This article is designed to encourage the protection and development of the various physical elements of the town's planning jurisdiction with adopted development plans for land use and population density and for the purpose of:

(1)

Promoting the public health, safety, community accepted standard of morals, and general welfare;

(2)

Promoting the orderly growth, expansion and development of the town;

(3)

Lessening congestion in the roads and streets;

(4)

Providing adequate light and air;

(5)

Securing safety from fire, panic and other dangers;

(6)

Preventing the overcrowding of land; and

(7)

Facilitating the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.

(Code 2002, § 18-32; Ord. of 1-5-1993, art. I, § 2)

The provisions of this article are adopted under authority granted by G.S. 160D-201 et seq.

(Code 2002, § 18-33; Ord. of 1-5-1993, art. I, § 3)

The regulations presented in this article shall apply to all property as shown on the official zoning atlas of the town to include the town's extraterritorial jurisdiction.

(Code 2002, § 18-33; Ord. of 1-5-1993, art. I, § 4)

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

Accessory building means a detached subordinate structure operated and maintained under the same ownership and located on the same lot as the main building. No such building may be inhabited or used by other than the owners, lessees or tenants of the premises, or their employees.

Accessory use means a use incidental to and customarily associated with the use by right and located on the same zone lot with the use by right and operated and maintained under the same ownership with the operation of the use by right.

Addition (to an existing building) means an extension or increase in the floor area or height of a building or structure. Additions to existing buildings shall comply with the requirements for new construction unless the addition, renovation or reconstruction to any building that was constructed prior to the initial flood insurance study for that area, and the addition, renovation or reconstruction does not equal 50 percent of the present market value of the structure. Where a firewall is provided between the addition and the existing building, the addition shall be considered a separate building and must comply with the standards for new construction.

Alley means a public or private roadway which affords only a secondary means of access to abutting property.

Alter means to make any structural changes in the supporting or loadbearing members of a building, such as bearing walls, columns, beams, girders, and floor joists.

Apartment house means the same as Dwelling, multiple-family.

Appeal means a request from a review of the local administrator's interpretation of any provision of this article.

Area of shallow flooding means a designated AO or VO zone on the town's flood insurance rate map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be even.

Area of special flood hazard means the land in the floodplain within the town subject to a one percent or greater chance of being equaled or exceeded in any given year.

Article means this article, including any amendments. Whenever the effective date of the ordinance from which this article is derived is referred to, the reference includes the effective date of any amendment to this article.

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

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

Barrier means a fence, a wall, a building wall or a combination thereof which completely surrounds a swimming pool and obstructs access to the swimming pool, described as follows:

(1)

Walls, fences and structures as barriers. The top of the wall/fence shall be at least 48 inches above grade measured on the side of the wall/fence which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the wall/fence shall be four inches.

(2)

Chainlink fence. Where a chainlink fence is provided as the barrier, the perpendicular distance between parallel sides of the link shall not exceed 2¼ inches.

(3)

Picket/ornamental fence. Where a picket/ornamental fence is provided as the barrier, the horizontal open-air spacing between pickets shall be a maximum of four inches between all vertical pickets and support posts.

(4)

Access gates. Access gates shall be required and be self-closing, self-latching and accommodate a locking device at least 54 inches above grade.

(5)

Pool wall. An aboveground/inground pool wall, itself, may be the barrier if the pool structure is on grade and the wall is at least 48 inches in height. Where an aboveground/inground pool structure is used as a barrier or where the barrier is mounted on the pool structure, the ladder or steps shall be surrounded by a barrier which meets the requirements of this subsection.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

Basement means the lowest level or story which has its floor subgrade on all sides.

Best management practices (BMP) mean a structural or nonstructural management-based practice used singularly or in combination to reduce non-point-source inputs to receiving waters in order to achieve water quality protection goals.

Board of adjustment means a semi-judicial body, appointed by the town council, composed of representatives from or for the planning jurisdiction of the town which are given certain powers under this article.

Breakaway wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. A breakaway wall shall have a design safe loading resistance of not less than ten and no more than 20 pounds per square foot. A wall with loading resistance of more than 20 pounds per square foot requires a professional engineer or architect's certificate.

Buffer means 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 18-109(b)(15)d.

Buffer strip means a strip consisting of an approved wall, fence or planted strip at least five feet in width, composed of deciduous or evergreen trees or a mixture of each, spaced not more than ten feet apart, and not less than one row of dense shrubs, spaced not more than five feet apart.

Building means any structure constructed or used for residence, business, industry or other public or private purposes, or accessory thereto, having a roof supported by columns or walls and intended for use as shelter, housing or enclosure of any individual, animal, process, equipment, goods or material of any kind.

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

Building, height of, means the vertical distance measured from the grade of the highest point of the coping of a flat roof; to the deck line of a mansard roof; or to the mean height level between the eaves and ridge of a gable, hip or gambrel roof.

Building line means a line establishing the minimum allowable distance between the nearest portion of any building, excluding the outermost three feet of any uncovered porches, steps, gutters and similar fixtures, and the right-of-way line of any street when measured perpendicular thereto.

Built-upon area includes 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 section 18-109(b)(15)b.2.

Certificate of zoning compliance means a statement, signed by the zoning administrator, setting forth that the building, structure or use complies with this article and that the building, structure or use may be used for the purpose stated in the statement.

Cluster development means the grouping of buildings in order to conserve land resources and provide for the innovation in the design of projects located within a public water supply watershed (in the watershed overlay district). For the purpose of this article, planned unit development and mixed-use development are considered as cluster development. General requirements are provided in section 18-109(b)(15)c.

Condominium development means a development of one or more structures containing two or more units intended for owner occupancy, where the land beneath each unit and all common areas (as defined in the North Carolina Unit Ownership Act (G.S. 47A-1 et seq.)) are owned proportionately by each unit owner in the development. Units and the land on which they are built do not meet conventional lot requirements for street frontage and yard sizes, and walls between units are constructed in accordance with state building code requirements. All such projects shall conform to the density requirements of the district in which the development is located and shall be approved in accordance with the provisions of section 18-110.

Convenience store means a one-story retail store containing less than 2,000 square feet of gross floor area that is designed and stocked to sell primary 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.

Critical area means the area adjacent to a public water supply reservoir where risk associated with pollution is greater than for the remaining portions of the watershed. The critical area is defined as extending one-half mile from the normal pool elevation of the Tar River Reservoir or to the ridge line of the watershed, whichever comes first. 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.

Curbline means, on the basis of orientation of the existing structure, the line located at the back of the street curb perpendicular to the structure. Such line shall be fixed by the zoning administrator subject to review by the board of adjustment.

Customary home occupations means any use conducted for gain within a dwelling and carried on by the occupants, which use is clearly incidental and secondary to the use of the dwelling for residential purpose and does not change the character of the dwelling, and in connection with which there is no display; further, no person not a resident on the premises shall be employed specifically in connection with the activity, no mechanical equipment shall be used except such as is normally used for domestic or professional purposes, and not over 25 percent of the total floor space or 400 square feet of any structure, whichever is less, shall be used for home occupations.

Detached building means a building having no party or common wall with another building except an accessory building.

Development means 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.

Dish antenna (or earth station) means any accessory structure capable of receiving, for the sole benefit of the principal use, radio or television signals from a transmitter or a transmitter relay located in planetary orbit.

Dish antenna (or earth station) height means the distance as measured vertically from the highest point of the antenna or dish, when positioned as its lowest angle for operation to ground level at the bottom of the base which supports the antenna.

Dish antenna (or earth station) setback means the distance measured from the center mounting post supporting the antenna.

District means any section of the town's planning jurisdiction in which zoning regulations are uniform.

Dwelling means any building, structure, manufactured home, or mobile home, or part thereof, used and occupied for human habitation or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith.

Dwelling, multifamily, means a building arranged or designed to be occupied by three or more families living independently of each other.

Dwelling, single-family, means a building arranged or designed to be occupied by one family, the structure having only one dwelling unit.

Dwelling, single-family semidetached, means a one-family dwelling attached to another one-family dwelling by a common vertical wall, with each dwelling located on a separate lot. (Note: See section 18-109(b)(13).)

Dwelling, two-family, means a building arranged or designed to be occupied by two families living independently of each other, the structure having only two dwelling units.

Dwelling unit means a dwelling or that portion of a multiple dwelling used or designed as a residence for one family. In nursing homes, homes for the aged, convalescent homes and other such multiunit facilities with a total of more than six residents, two resident persons shall be the equivalent of one dwelling unit.

Elevated building means a nonbasement building built, in the case of a building in zones A1 through A30, AE, A, A99, AO, AH, B, C or X, to have the top of the elevated floor, or in the case of a building in zones V1 through V30, VE or V, to have the bottom of the lowest horizontal structural member of the elevated floor above the ground by means of pilings, columns (posts and piers), shear walls parallel to the flow of water, and adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In the case of zones A1 through A30, AE, A, A99, AO, AH, B, C and X, the term "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of zones V1 through V30, VE or V, the term "elevated building" also includes a building otherwise meeting the definition of elevated building, even though the area below is enclosed by means of breakaway walls if the breakaway walls meet the standards of division 11 of this article.

Erect means to build, construct, erect, rebuild, reconstruct, or re-erect as these terms are commonly defined.

Existing development means those projects that are built or those projects that, at a minimum, have established a vested right under state zoning law as of the effective date of the ordinance from which this article is derived based on at least one of the following criteria:

(1)

Substantial expenditures of resources (time, labor, money) based on a good-faith reliance upon having received a valid local government approval to proceed with the project;

(2)

Having an outstanding valid building permit as authorized by G.S. 160D-108; or

(3)

Having expended substantial resources (time, labor, money) and having an approved site-specific or phased development plan as authorized by G.S. 160D-108.

Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the ordinance from which this article is derived.

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete slabs).

Fabrication means manufacturing, excluding the refining or other initial processing of basic raw materials such as metal ores, lumber or rubber. Fabrication relates to stamping, cutting or otherwise shaping the processed materials into useful objects.

Family means one or more persons related by blood, adoption or marriage, or a group of not more than five persons not related by blood, living together as a single housekeeping group in a dwelling unit.

Family care home means a home defined and described in G.S. 168-20 et seq., as having support and supervisory personnel, that provides room and board, personal care and rehabilitation services in a family environment for not more than six resident handicapped persons.

Fine arts and crafts means individual art pieces, not mass produced consisting of one or more of the following: paintings, drawings, etchings, sculptures, ceramics, inlays, needlework, knitting, weaving, and/or craftwork, leather, wood, metal, or glass.

Flea market means buildings or open areas in which sales areas or stalls are set aside or rented, and which are intended for use by one or more individuals or by educational, religious or charitable organizations to sell a variety or articles such as those which are either homemade, homegrown, handcrafted, old, obsolete or antique.

Flood and flooding mean a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and the unusual and rapid accumulation of runoff of surface waters from any source.

Flood hazard boundary map (FHBM) means an official map of the town, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as zone A.

Flood insurance rate map (FIRM) means an official map of the town, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the town.

Flood insurance study means the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood boundary floodway map and the water surface elevation of the base flood.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Floor means the top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term "floor" does not include the floor of a garage used solely for parking vehicles.

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

Functionally dependent facility means a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair or seafood processing facilities. The term "functionally dependent facility" does not include long-term storage, manufacture, sales or service facilities.

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

Garage, public, means any building or premises, except those described as a private or storage garage, used for the storage or care of motor vehicles for the public or where any such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.

Garage, storage, means any building or premises, other than a private or public garage, used exclusively for the parking or storage of motor vehicles.

Hazardous material means any substance listed as such in SARA section 302, Extremely Hazardous Substances, CERCLA Hazardous Substances, or section 311 of CWA (oil and hazardous substances).

Highest adjacent grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of the structure.

Historic structure means any structure that is as follows:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3)

Individually listed on a state inventory of historic places;

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

Home for the aged means a boarding home with more than six beds meeting all of the requirements of the state for the boarding and care of persons who are not critically ill and who do not need regular professional medical attention.

Hotel means a building used as an abiding place of more than 14 persons who, for compensation, are lodged with or without meals and in which no provision is made for cooking in any individual room or suite.

Internet cafe means a physical business location where one can use a computer with internet access usually for a fee on a monthly, daily, hourly or per minute basis. Also used as gaming centers and/or locations to operate sweepstakes.

Junk means pre-used 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 outdoor storage and/or sale of more than six junk parts or products on any lot or tract.

Kennel means a facility operated exclusively for profit and for dogs, cats or other animals customarily or traditionally found in a kennel operation.

Landfill means a facility for the disposal of solid waste on land in a sanitary manner in accordance with G.S. 130A-290 et seq. For the purpose of this article, the term "landfill" does not include composting facilities.

Levee means a manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

Lot means a parcel of land occupied or to be occupied by a main building or group of buildings and accessory buildings, together with such yards, open spaces, lot width and lot area as are required by this article and having not less than the minimum required frontage upon a street, either shown on a plat or record, or considered as a unit of property and described by metes and bounds.

Lot area means the total area circumscribed by the boundaries of a lot, except that:

(1)

When the legal instrument creating a lot shows the boundary of the lot extending into a public street right-of-way, the lot boundary for purposes of computing the lot area shall be the street right-of-way line, or if the right-of-way line cannot be determined, a line running parallel to 30 feet from the center of the traveled portion of the street; and

(2)

In a residential district, when a private road that serves more than three dwelling units is located along any lot boundary, the lot boundary for purposes of computing the lot area shall be the inside boundary of the traveled portion of that road.

Lot, corner, means a lot which occupies the interior angle at the intersection of two street lines which make an angle of more than 45 degrees and less than 135 degrees with each other. The street line forming the least frontage shall be deemed the front of the lot except where the two street lines are equal, in which case the owner shall be required to specify which is the front when requesting a zoning certificate.

Lot, depth of, means the average horizontal distance between front and rear lot lines.

Lot line, rear, means:

(1)

If the lot has one front line, the boundary opposite that front line shall be the rear line;

(2)

If the lot has two front lines, the boundary opposite the shorter of the two front lines shall be the rear line, provided that if both front lines are of equal length, the rear line shall be fixed by the zoning administrator, subject to review by the board of adjustment, on the basis of orientation of existing structures;

(3)

If the lot has three or more front lines, there shall be no rear line.

Lot of record means a lot which is a part of a subdivision, a plat of which has been recorded in the office of the county register of deeds prior to January 5, 1993, or a lot described by metes and bounds, the description of which has been so recorded prior to January 5, 1993.

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

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such an enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this article.

Manufactured home means a dwelling unit 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.

Manufactured home, class A, means a dwelling unit constructed with one or more components which are prefabricated and hauled to the site that are capable of producing a dwelling which is indistinguishable from conventionally built homes and which meets the construction requirements of the state uniform residential building code, as amended.

Manufactured home, class B, means a dwelling unit that:

(1)

Is not constructed in accordance with the requirements of the state uniform residential building code as amended;

(2)

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;

(3)

Meets or exceeds the construction standards of the U.S. Department of Housing and Urban Development; and

(4)

Conforms to the following appearance criteria:

a.

The manufactured home has a minimum width, as assembled on the site, of 20 feet;

b.

The pitch of the manufactured home's roof has a minimum vertical rise of four inches for each 12 inches of horizontal run and the roof is finished with asphalt or fiberglass shingles; also, the roof provides an eight-inch overhang;

c.

The exterior of the manufactured home must be constructed of vinyl siding;

d.

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

e.

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

f.

Framing of the unit shall be recessed and the unit shall be constructed of studs which are 16 inches on the center.

Manufactured home, class C, means any manufactured home that does not meet the definitional criteria of a class A or class B manufactured home but which, at a minimum, exceeds 32 feet in length and eight feet in width.

Manufactured home park means land used or intended to be used, leased or rented for occupancy by six or more mobile homes, anchored in place by a foundation or other stationary support, to be used for living purposes and accompanied by automobile parking spaces and incidental utility structures and facilities required and provided in connection therewith. The term "manufactured home park" shall not include trailer sales lots on which unoccupied trailers are parked for purposes of inspection and sale.

Map and zoning map mean the official zoning atlas of the town.

Mean sea level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this article, the term "mean sea level" is synonymous with National Geodetic Vertical Datum (NGVD).

Motel and motor lodge mean a building or group of buildings containing sleeping rooms, designed for or used temporarily by automobile transients, with garage or parking space conveniently located to each unit.

National Geodetic Vertical Datum (NGVD), corrected in 1929, is a vertical control used as a reference for establishing varying elevations within the floodplain.

New construction means structures for which the start of construction commenced on or after the effective date of the ordinance from which this article is derived and includes any subsequent improvements to such structures.

Nonconforming lot means a lot existing at the effective date of the ordinance from which this article is derived or any amendment to it (and not created for the purpose of evading the restrictions of this article) that cannot meet the minimum area or lot width requirements of the district in which the lot is located.

Nonconforming situation means a situation that occurs when, on the effective date of the ordinance from which this article is derived or any amendment to it, an existing lot or structure or use of any 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:

(1)

A lot does not meet minimum acreage requirements;

(2)

Structures do not satisfy maximum height limitations;

(3)

The relationship between existing buildings and the land (in such matters as density and setback requirements) is not in conformity with this article; or

(4)

Land or buildings are used for purposes made unlawful by this article.

Nonconforming use means a nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located. (For example, a commercial office building in a residential district may be a nonconforming use.) The term "nonconforming use" also refers to the activity that constitutes the use made of the property. (For example, all the activity associated with running a bakery in a residentially zoned area is a nonconforming use.)

Nonconformity, dimensional, means a nonconforming situation that occurs when the height or size of a structure or the relationship between an existing building and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located.

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.

Open storage means unroofed storage areas, whether fenced or not.

Parking space means the storage space for one automobile of not less space than prescribed by this article, plus the necessary access space. A parking space shall always be located outside the dedicated street right-of-way.

Planned unit development (PUD) means a group of buildings on a single lot or tract or structures on a site where the developer may reduce the size of individual lots. A PUD must be in accordance with the provisions of section 18-110.

Planning board means a board appointed by the town council to study the town and its environs, to recommend plans and policies for the future, and to advise the town council in matters pertaining to planning and zoning.

Preschool means a facility for the care and/or education of children of preschool age, including kindergartens and day care centers.

Processing means any operation changing the nature of materials, such as chemical composition or physical qualities; the term "processing" does not include operations described as fabrication.

Protected area means the area adjoining and upstream of the watershed critical area in which protection measures are required. The boundaries of the protected area are defined as extending five miles upstream and draining to the Tar River Reservoir (measured from the normal pool elevation) or to the ridge line of the watershed, whichever comes first, or extending ten miles upstream and draining to the public water supply intake located directly in the Tar River or to the ridge line of the watershed, whichever comes first. The town may extend the protected area as needed. Major landmarks such as highways or property lines may be used to delineate the outer boundary of the protected area if these landmarks are immediately adjacent to the appropriate outer boundary of five miles.

Public sewer system means any sewage disposal system, whether operated publicly or privately, other than a pit privy or a septic tank located on the lot.

Public water system means a system operated publicly or privately, whereby the watercourse is not located on the lot of the consumer and the number of connections must be at least ten.

Recreational vehicle means a vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use.

Rehabilitation facility means a residential facility for seven or more persons or a nonresidential facility utilized by participants in programs providing guidance, counseling or therapy, not including persons who are psychotic, severely mentally retarded or persons who have demonstrated a known problem repeatedly.

Resubdivision means a change in a map of an approved and recorded subdivision plat, or in a map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.

Retail trade means businesses which sell goods (that are not for resale) to the public and which are open on a regular basis for consumer shopping. At least 40 percent of the floor space of a retail business must be open to the public and devoted to the sale and display of goods on the premises.

Riding academy means an equestrian institution of learning requiring tuition at which students remain on campus for an extended period of time until prepared curriculum is successfully completed.

Roominghouse means a building or portion of a building which contains guestrooms which are designed or intended to be used, let or hired out for occupancy by or which are occupied by four or more but not exceeding nine individuals for compensation, whether the compensation is paid directly or indirectly.

Service station means any building or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, lubricants or tires, except that indoor car washing, minor motor adjustment, and flat tire repair are only performed incidental to the conduct of the service station.

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

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

Off-premises commercial sign means any sign which advertises an establishment, service, commodity, goods, or entertainment sold or offered on premises other than that of which such sign is located.

Portable sign means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; and signs attached or painted on vehicles parked and visible from the public right-of-way, unless the vehicle is used in the normal day-to-day operations of the business.

Sign area means the size of sign allowed according to the applicable regulations as contained in this article.

Solar farm means a facility used to convert solar energy into electrical power for interconnection with the power grid for primarily off-site energy consumption.

Special use means a use permitted in a zone only after specific findings by the planning board.

Start of construction, for other than new construction or substantial improvements under the Coastal Barrier Resources Act (PL 97-348), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure, including a manufactured home, on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as a garage or sheds not occupied as dwelling units or not part of main structures. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of the building, whether or not that alteration affects the external dimensions of the building.

Story means that portion of a building, other than the basement, included between the surface of any floor and the surface floor next above it or, if there is no floor above it, the space between the floor and the ceiling next above it.

Story, half, means a space under a sloping roof, which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which not more than two-thirds of the floor area is finished off for use.

Street means a public thoroughfare which affords the principal means of access to abutting property, including avenue, place, way, drive, boulevard, highway, road and any other thoroughfare except an alley.

Street line means the dividing line between a street or road right-of-way and the contiguous property.

Structure means anything constructed or erected, the use of which is intended for and requires permanent location on the ground, or attachment to something having a permanent location on the ground, including signs. For floodplain management purposes, this term means a walled and roofed building, a manufactured home, including a gas or liquid storage tank, or other manmade facilities or infrastructures that are principally aboveground.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. See also definition of Substantial improvement.

Substantial improvement means any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. The term "substantial improvement" includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term "substantial improvement," however, does not include either any project of improvement of a structure to correct existing violation of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to ensure safe living conditions or any alterations of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

Substantially improved existing manufactured home park or subdivision means where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction, or improvement commenced.

Swimming pool (residential) means any permanent structure intended for swimming or recreational bathing that contains water over 24 inches deep. This includes inground, aboveground, and on-ground pools, hot tubs and spas.

Tourist home means a dwelling where lodging only is provided for compensation, not exceeding 14 persons, and open to transients.

Townhouse development means a development of one or more structures containing a total of two or more units intended for owner occupancy, where ownership of the land beneath each unit runs with that unit, where units and the individually owned lands on which they rest do not meet conventional lot requirements for street frontage and yard sizes, and where walls between units are constructed in accordance with state building code requirements. All such projects shall conform to the density requirements of the district in which the development is located and shall be approved in accordance with the provisions of division 4 of this article.

Toxic substance means any substance, 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.

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

Use, accessory, means the same as the term "accessory use."

Use by right means a use which is listed as a use by right is any given zone district in this article.

Use, special, means the same as the term "special use."

Variance means a modification or alteration of zoning requirements. This can be done only by the board of adjustment after specific findings of fact. See division 10 of this article and section 18-109(b)(15)g.

Variance, major, means a variance from the watershed overlay district requirements that results in any one or both of the following:

(1)

The complete waiver of any of the management requirements outlined in section 18-109(b)(15)b, d, and e.

(2)

The relaxation, by a factor of more than ten percent, of any of the management requirements referenced in subsection (1) of this definition that takes the form of a numerical standard.

This definition is applicable only to variances from requirements delineated for the watershed overlay district.

Variance, minor, means a variance that does not qualify as a major variance.

Violation means the failure of a structure or other development to be fully compliant with the town's regulations.

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.

Warehousing means the depositing or securing of goods, wares and/or merchandise in a warehouse.

Water-dependent structure means 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, boathouses, docks and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial boat storage areas are not water-dependent structures.

Watershed means the entire land area contributing surface drainage to a specific point (e.g., the water supply intake).

Wet detention pond means 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.

Wholesale means sale for resale, not for direct consumption.

Yard means an open space on the same lot with a principal building, unoccupied and unobstructed by any structure from the surface of the ground upward except for drives, sidewalks, lampposts, entrance steps, retaining walls, fences, landscaping, and as otherwise provided in this article.

Yard, front, means an open space on the same lot with a building, between the front line of the building (exclusive of steps) and the front property line or street right-of-way line and extending the full width of the lot.

Yard, rear, means an open space between the rear line of the principal building (exclusive of steps) and the rear line of the lot and extending the full width of the lot; may be used for an accessory building.

Yard sale means any public sale of goods on residential property, including, but not limited to, the residential property's garage, home, lawn, or yard.

Yard, side, means an open, unoccupied space on the same lot with a building between the sideline of the building (exclusive of steps) and the sideline of the lot and extending from the front yard line to the rear yard line; may be used for an accessory building.

Zoning administrator means the official charged with the enforcement of this article or his designee.

Zoning compliance application means an application made to the zoning administrator so that a building, structure, or parcel may be researched to verify compliance with the requirements of the zoning ordinance.

(Code 2002, § 18-35; Ord. of 1-5-1993, art. II; Ord. of 10-3-1995; Ord. of 6-30-1996; Ord. of 6-2-1998; Ord. of 7-7-1998; Ord. of 6-1-2004, § A); Ord. of 2004-06; Ord. No. 2006-01, § D), 8-8-2006; Ord. of 4-6-2010, § A; Ord. of 2-3-2015(2), § A)