Newport City Zoning Code
APPENDIX A-1
DEFINITIONS
For the purpose of this Zoning and Unified Development Ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY STRUCTURE. Any detached minor building in the rear of the main building consisting of masonry, metal, or frame walls and roof, one or two stories in height used as an adjunct to the use of a principal building.
ACCESSORY USE. A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
ADDITION. An extension or increase in the floor area or height of a building or structure.
ADMINISTRATIVE DECISION. Decisions made in the implementation, administration, or enforcement of development regulations that involve the determination of facts and the application of objective standards set forth in this ordinance. These are sometimes referred to as ministerial decisions or administrative determinations.
ADMINISTRATIVE HEARING. A proceeding to gather facts needed to make an administrative decision.
ALTERATIONS. Any addition to the height or depth of a building; any change in the location of any of the exterior walls of a building; or any increase in the interior accommodations of a building.
AMUSEMENTS, INDOOR. Establishments that provide commercial recreation activities primarily outdoors such as miniature golf establishments, go-cart facilities, theme parks, carnivals, fair grounds, paintball parks, and water parks.
AMUSEMENTS, OUTDOOR. Establishments that provide commercial recreation activities completely within an enclosed structure such as video arcades, skating rinks, roller rinks, and bowling alleys.
ANIMAL SHELTER. A facility which is used to house or contain animals and which is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, or other nonprofit or government organization devoted to the welfare, protection and humane treatment of animals.
APPEAL. A request from a review of the Ordinance Administrator's interpretation of any provision of this ordinance.
APPROACH SURFACE. A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope.
BAR/TAVERN/NIGHTCLUB. A business where alcoholic beverages are sold for on-site consumption, which are not part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. Entertainment including live music, dancing, comedy, etc. may be included.
BED AND BREAKFAST INN. A private home that offers bed and breakfast accommodations to guests.
BEDROOM. See SLEEPING ROOM.
BOARDING HOUSE. A dwelling, or portion thereof, which contains rooms, provided by the owner or operator, which are designed to be used or intended to be used, let or hired out for occupancy to more than three persons, whether compensation is paid directly or indirectly. By definition, boarding house includes guest house or rooming house.
BONA FIDE FARM PURPOSES. Agricultural activities as set forth in G.S. § 160D-903.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
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 may be specifically provided for in this ordinance.
BUILDING, PRINCIPAL. A building in which is conducted the principal use of the lot on which said building is situated.
BUILDING SETBACK LINE. A line establishing the minimum required distance between a structure or activity and the property line or street right-of-way line.
CALIPER. A standard trunk diameter measurement for trees taken six inches above ground for up to and including four-inch caliper size and 12 inches above ground for larger sizes.
CAMPGROUND. A lot, tract, or parcel of land upon which campsites for trailers, tents, or RVs are permitted for the purpose of temporary habitation for the travelling or vacationing public.
CERTIFICATE OF OCCUPANCY. A statement, signed by an administrative officer of the town, setting forth that the building, structure or use complies with this ordinance and that the same may be used for the purposes stated therein.
CERTIFICATE OF COMPLIANCE. A statement, signed by the Ordinance Administrator, setting forth either that a building or structure complies with the provisions of this ordinance, or that a building, structure, or parcel of land may lawfully be utilized for specified uses, or both.
CHARTER. As defined in G.S. § 160A-1(2).
CITY. As defined in G.S. § 160A-1(2).
CIVIC MEETING FACILITY. Non-profit membership organizations such as alumni associations, booster clubs, scouting organizations, ethnic associations, social clubs, fraternal lodge and veterans' membership organizations primarily engaged in promoting the civic and social interests of their members. The uses often include meeting and storage facilities.
COMPREHENSIVE PLAN. A comprehensive plan that has been officially adopted by the governing board pursuant to G.S. § 160D-501.
CONDITIONAL ZONING. A legislative zoning map amendment with site-specific conditions incorporated into the zoning map amendment.
CULTURAL OF COMMUNITY FACILITY. A facility designed to promote cultural advancement and serve the community such as live theater, dance or music establishments, art galleries, museums, libraries, and similar facilities.
DAY TREATMENT CENTER. A state-licensed facility providing behavioral health treatment programs, outpatient care, substance abuse treatment, and treatment of mental or nervous disorders. This does not include the residence of patients or consumers.
DECISION-MAKING BOARD. A governing board, planning board, board of adjustment, or other board assigned to make quasi-judicial decisions under this ordinance.
DETERMINATION. A written, final, and binding order, requirement, or determination regarding an administrative decision.
DEVELOPER. A person, including a governmental agency or redevelopment authority, who undertakes any development and who is the landowner of the property to be developed or who has been authorized by the landowner to undertake development on that property.
DEVELOPMENT. Any of the following:
1. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
2. The excavation, grading, filling, clearing, or alteration of land.
3. The subdivision of land as defined in G.S. 160D-802.
4. The initiation or substantial change in the use of land or the intensity of use of land.
DEVELOPMENT APPROVAL. An administrative or quasi-judicial approval made pursuant to this ordinance that is written and that is required prior to commencing development or undertaking a specific activity, project, or development proposal. Development approvals include, but are not limited to, zoning permits, site plan approvals, special use permits, variances, and certificates of appropriateness. The term also includes all other regulatory approvals required by regulations adopted pursuant to this ordinance, including plat approvals, permits issued, development agreements entered into, and building permits issued.
DEVELOPMENT REGULATION. A unified development ordinance, zoning regulation, subdivision regulation, erosion and sedimentation control regulation, floodplain or flood damage prevention regulation, mountain ridge protection regulation, stormwater control regulation, wireless telecommunication facility regulation, historic preservation or landmark regulation, housing code, State Building Code enforcement, or any other regulation adopted pursuant to this ordinance, or a local act or charter that regulates land use or development.
DIAMETER-AT-BREAST-HEIGHT (DBH). The tree trunk diameter measured in inches at a height of four and one-half feet above ground level.
DISPOSAL. As defined in G.S. § l30A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
DWELLING. 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. For the purposes of G.S. Chapter 160D, Article 12, the term does not include any manufactured home, mobile home, or recreational vehicle, if used solely for a seasonal vacation purpose.
DWELLING, ACCESSORY. A dwelling, either detached or attached, located on the same lot as the principal single-family dwelling unit, and is secondary and incidental to the use of the property as single-family residential.
DWELLING, DUPLEX. A building arranged or designed to be occupied by two families living independently of each other.
DWELLING, MULTI-FAMILY. A building or portion thereof used or designed as a dwelling for three or more families living independently of each other with separate housekeeping and cooking facilities for each, including apartments and condominiums.
DWELLING, SINGLE-FAMILY. A building arranged or designed to be occupied by one family.
DWELLING UNIT. A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
EQUESTRIAN FACILITIES, COMMERCIAL. A commercial establishment which provides horse boarding, training, riding lessons, and other equestrian services. Such facilities may include competition arenas and medical treatment services.
EVIDENTIARY HEARING. A hearing to gather competent, material, and substantial evidence in order to make findings for a quasi-judicial decision required by a development regulation adopted under this ordinance.
FAMILIAL RELATIONSHIP. For purposes of this ordinance, a "close familial relationship" means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships.
FAMILY. One or more persons occupying a dwelling unit and living as a single household.
FAMILY CARE HOME. A home meeting the North Carolina Uniform Residential Building Code, as amended, with support and supervisory personnel that provides room and board, personal care and habilitation services for adults in a family environment for six or fewer resident persons with disabilities. Person with disabilities means a person with a temporary or permanent physical, emotional, or mental disability including but not limited to mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances and orthopedic impairments but not including mentally ill persons who are dangerous to others as defined in G.S. § 122C-3(11).
FRONTAGE. All the property abutting on one side of a street between two intersecting streets, measured along the street line.
GOVERNING BOARD. The Newport Town Council.
GROSS FLOOR AREA. The interior floor area of a building exclusive of stairways, storage closets, and elevator shafts.
HAZARD TO AIR NAVIGATION. An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
HOME OCCUPATION. An accessory use of a dwelling unit for gainful employment or supplemental income purposes which is clearly incidental and subordinate to the use of the dwelling as a residence and which does not alter or change the exterior residential character or appearance of the premises except for compliance with appropriate provisions of the North Carolina State Building Code and the Americans with Disabilities Act as they relate to building accessibility for the handicapped.
INDUSTRY, HEAVY. Typically the largest facilities in a community, these structures house complex operations, some of which may be continuous, and include any non-residential use that requires a National Pollutant Discharge Elimination System (NPDES) permit for an industrial or stormwater discharge. These uses include the use or storage of any hazardous materials or substances; the mining or extraction of any minerals, ore, fossil fuels, or other materials beneath the surface of the earth. These uses include the industry sectors of the NAICS: oil and gas extraction; mining, mining support activities; food manufacturing; textile mills; textile produce mills; leather & allied product manufacturing; wood products manufacturing; paper manufacturing; petroleum and coal products manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; primary metal manufacturing; fabricated metal product manufacturing; machinery manufacturing; and transportation equipment manufacturing.
INDUSTRY, LIGHT. Such facilities are typically designed to look and generate impacts like a typical office building, but rely on special power, water, or waste disposal systems for operation. Noise, odor, dust, and glare of each operation are completely confined within an enclosed building, insofar as practical. Such uses include medical and testing laboratories; facilities for scientific research; facilities for the design, development, and testing of electrical, electronic, magnetic, optical, computer and telecommunications components in advance of product manufacturing; the assembly of products from parts produced off-site, where the manufacturing activity is secondary to the research and development activities; laundry/dry cleaning plants engaged primarily in high volume laundry and garment services; carpet and upholstery cleaners; diaper services; commercial laundries; the production of small consumer goods such clothes, shoes, furniture, consumer electronics and home appliances. These uses include the industry sectors of the NAICS: beverage and tobacco manufacturing; apparel manufacturing; printing and related activities; computer and electronic product manufacturing; electrical equipment, appliance, and component manufacturing; furniture and related product manufacturing; and miscellaneous manufacturing.
JUNK/SALVAGE YARD. The use of more than 600 square feet of any lot for the storage, keeping or accumulation of material, including scrap metals, waste paper, rags, or other scrap materials, or used building materials, or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.
LAND DEVELOPMENT PERMIT. A document that grants authority to develop land in order to ensure that proposed development complies with the standards of this ordinance, and to otherwise protect the public health, safety, and welfare of the citizens of the Town of Newport.
LANDOWNER/OWNER. The holder of the title in fee simple. Absent evidence to the contrary, a local government may rely on the county tax records to determine who is a landowner. The landowner may authorize a person holding a valid option, lease, or contract to purchase to act as his or her agent or representative for the purpose of making applications for development approvals.
LANDFILL, BENEFICIAL. A sanitary landfill that is limited to receiving stumps, limbs, leaves, concrete, brick, wood, uncontaminated earth or other solid wastes as approved by the NC Division of Solid Waste Management.
LANDFILL, LAND CLEARING AND INERT DEBRIS. A facility for the land disposal of solid waste that is generated primarily from land clearing activities including stumps, trees, limbs, brush, grass and other naturally occurring vegetative material wastes.
LANDFILL, MUNICIPAL SOLID WASTE (SANITARY). A facility for disposal of household and commercial solid waste on land in a sanitary manner in accordance with G.S. § 130A-290.
LEGISLATIVE DECISION. The adoption, amendment, or repeal of a regulation under this ordinance or an applicable local act. The term also includes the decision to approve, amend, or rescind a development agreement consistent with the provisions of G.S. Chapter 160D, Article 10.
LEGISLATIVE HEARING. A hearing to solicit public comment on a proposed legislative decision.
LIGHT MANUFACTURING WORKSHOP. The assembly, fabrication, production or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building and are visually undifferentiated from an office building or a residentially-scaled garage. These typically involve the work of artisans or craftsman.
LOCAL ACT. As defined in G.S. § 160A-1(5).
LOCAL GOVERNMENT. A city or county.
LOT. A portion of a subdivision or any other parcel of land intended as a unit for transfer of ownership, for development, or both. The word lot includes plot, parcel, or tract.
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 road 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.
LOT DEPTH. The mean horizontal distance between front and rear lot lines.
LOT LINES. The property lines bounding a lot.
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 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).
LOT OF RECORD. A lot which is a part of a subdivision, a plat of which has been recorded in the Office of the Register of Deeds of Carteret County, or a lot described by metes and bounds, the description of which has been so recorded.
LOT WIDTH. The horizontal distance between the side lot 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.
MANUFACTURED HOME PARK. A residential use in which more than two manufactured homes are located on a single lot or tract of land.
MANUFACTURED HOME SPACE. A designated area of land within a manufactured home park designed for the accommodation of a single manufactured home in accordance with the requirements of this ordinance.
MANUFACTURED/MOBILE HOME. A structure as defined in G.S. § 143-145(7).
MODULAR HOME. A dwelling unit constructed with one or more components which are prefabricated and which meets the construction requirements of the North Carolina Uniform Residential Building Code as amended.
NEW CONSTRUCTION. Structures for which the "start of construction" commenced on or after the effective date of the original version of this ordinance and includes any subsequent improvements to such structures.
NONCONFORMING STRUCTURE. Any legally existing structure which fails to comply with the current provisions of this ordinance.
NONCONFORMING USE. A structure or land lawfully occupied by an existing use which does not conform with the permitted uses for the zoning district in which it is situated, either at the effective date of this ordinance, or as a result of subsequent amendments to this ordinance.
NON-ENCROACHMENT AREA. 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 as designated in the Flood Insurance Study report.
NONPRECISION INSTRUMENT RUNWAY. A runway having an existing or planned instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or other types of navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.
NUISANCE. Anything which is injurious to the safety, health, or welfare of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
PERSON. An individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, the State of North Carolina and its agencies and political subdivisions, or other legal entity.
PERSONAL SERVICES. Cosmetic services such as hair and nail salons, barber shops, clothing alterations, shoe repair, weight loss centers, and makeup services.
PET BOARDING SERVICE (KENNEL). A commercial establishment for the boarding of domestic animals for which a fee is charged. Such establishments may include incidental grooming services or sale of pet supplies.
PET CARE SERVICES (NO KENNELS OR VET). A commercial establishment which provides grooming and/or training services for domestic animals with no provisions for overnight boarding or medical services.
PLANNING AND DEVELOPMENT REGULATION JURISDICTION. The geographic area defined in G.S. Chapter 160D, Part 2 within which a city or county may undertake planning and apply the development regulations authorized by G.S. Chapter 160D.
PLANNING BOARD. Any board or commission established pursuant to G.S. § 160D-301.
PRIVATE RECREATIONAL FACILITY. Indoor or outdoor uses or structures for active or passive recreation that are owned by private for-profit entities. Such uses include, gymnasiums, natatoriums, fitness center, athletic equipment, indoor running tracks, climbing facilities, court facilities, parks, pools, ball fields, batting cages, skateboard parks, playgrounds, greenway trails, driving ranges, tennis courts, riding stables, golf courses and their customary accessory uses including, but not limited to, maintenance sheds, clubhouses (with or without food service), restrooms, and picnic shelters.
PROFESSIONAL SERVICES. Services provided that make available the knowledge and skills of their employees to sell expertise and perform professional, scientific, and technical services to others such as legal services; accounting, tax, bookkeeping, and payroll services; architectural, engineering, and related services; graphic, industrial, and interior design services; consulting services; research and development services; advertising, media, and photography services; real estate services; investment banking, securities, brokerages; and insurance-related services; and, medical services such as physician's and dentist's offices.
PROPERTY. All real property subject to land-use regulation by a local government. The term includes any improvements or structures customarily regarded as a part of real property.
PUBLIC WATER SUPPLY SYSTEM. An approved water supply system serving ten or more connections including municipal and sanitary district water systems as well as water systems designed to serve particular subdivisions at full development.
QUASI-JUDICIAL DECISION. A decision involving the finding of facts regarding a specific application of a development regulation and that requires the exercise of discretion when applying the standards of the regulation. The term includes, but is not limited to, decisions involving variances, special use permits, certificates of appropriateness, and appeals of administrative determinations. Decisions on the approval of subdivision plats and site plans are quasi-judicial in nature if the regulation authorizes a decision-making board to approve or deny the application based not only upon whether the application complies with the specific requirements set forth in the regulation, but also on whether the application complies with one or more generally stated standards requiring a discretionary decision on the findings to be made by the decision-making board.
REAR SETBACK. A setback from an interior property line lying on the opposite side of the lot from the front street setback.
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.
RIVERINE. Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
RUNWAY. A defined area on an airport prepared for landing and takeoff of aircraft along its length.
SCREEN. Vegetation, fence, wall, berm, or a combination of any or all of these which partially or completely blocks the view of and provides spatial separation of a portion or all of a site from an adjacent property or right-of-way.
SHRUB, LARGE. An upright plant growing to a mature height of more than eight feet for use as natural ornamentation or screening.
SHRUB, MEDIUM. An upright plant growing to a mature height of four to eight feet.
SHRUB, SMALL. An upright plant growing to a mature height of less than four feet.
SIDE SETBACK. Any interior property line setback other than a rear setback.
SIGN. Any object, display, or structure, or portion thereof, which is located outdoors and is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location through the use of words, letters, figures, designs, symbols, colors, or illumination.
SIGN AREA. Sign area shall be measured by the smallest square, rectangle, triangle, circle or combination thereof, which will encompass the entire advertising copy area excluding architectural trim and structural members. In computing area, only one side of a double-faced sign shall be considered.
SIGN FACE. The surface of a sign where copy, messages, or advertisements are attached for display to the public, including any parts of the sign structure upon which such information is located. The surface area of the sign shall include the sign's trim and border.
SIGN, FREESTANDING. A sign supported by a sign structure placed in or upon the ground which is independent of any other object for support.
SIGN, NONCONFORMING. A sign which was legally erected prior to the effective date of this ordinance, but which does not conform to these regulations.
SIGN, OUTDOOR ADVERTISING (BILLBOARD). A sign, whether freestanding or painted on or attached to a building, which directs attention to a business, product, accommodation, service, event, or other activity which is conducted, sold, offered, or provided at a location other than the premises where the sign is located. On-premise business identification signs, temporary political signs, directional signs 20 square feet or less in size, official signs, or highway and historic markers shall not be considered outdoor advertising signs.
SIGN, PROJECTING. An outdoor advertising display sign which is affixed to any building wall or structure that extends beyond the building wall, structure, building line or property line.
SIGN STRUCTURE. The supporting poles, braces, struts, building or structure to which an outdoor advertising sign or principal use sign is attached.
SIGN, WALL. An outdoor advertising display sign that shall be affixed to the wall of any building, when such sign shall project not more than 12 inches from the building.
SITE PLAN. A scaled drawing and supporting text showing the relationship between lot lines and the existing or proposed uses, buildings, or structures on the lot. The site plan may include site-specific details such as building areas, building height and floor area, setbacks from lot lines and street rights-of-way, intensities, densities, utility lines and locations, parking, access points, roads, and stormwater control facilities that are depicted to show compliance with all legally required development regulations that are applicable to the project and the site plan review. A site plan approval based solely upon application of objective standards is an administrative decision and a site plan approval based in whole or in part upon the application of standards involving judgment and discretion is a quasi-judicial decision. A site plan may also be approved as part of a conditional zoning decision.
SLEEPING ROOM. A room designated as a sleeping or bedroom on the plans and permit application.
SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for living, eating, and either sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.
SOLAR FARM. An electric generating facility, whose main purpose is to supply utility scale electricity, consisting of one or more series of solar collectors, for off-site use.
SOLID WASTE DISPOSAL FACILITY. Any facility involved in the disposal of solid waste, as defined in G.S. § 130A-290(a)(35).
SOLID WASTE DISPOSAL SITE. As defined as in G.S. § 130A-290(a)(36).
SPECIAL USE PERMIT. A permit issued to authorize development or land uses in a particular zoning district upon presentation of competent, material, and substantial evidence establishing compliance with one or more general standards requiring that judgment and discretion be exercised as well as compliance with specific standards. The term includes permits previously referred to as conditional use permits or special exceptions.
START OF CONSTRUCTION. Includes substantial improvements, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvements 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 garages or sheds not occupied as dwelling units or not part of the main structure. 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.
STRUCTURE. An object, constructed or installed by man, including, but not limited to, buildings, towers, cranes, smokestacks, earth formations, and overhead transmission lines.
SUBDIVISION. The division of land for the purpose of sale or development as specified in G.S. § 160D-802.
SUBDIVISION REGULATION. A subdivision regulation authorized by G.S. Chapter 160D, Article 8.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure during any one-year period whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. Substantial damage also means flood-related damage sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of the market value of the structure before the damage occurred. See definition of substantial improvement.
SUBSTANTIAL IMPROVEMENT. Any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during any one year period whereby the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
1. Any correction of existing violations of state or community health, sanitary, or safety code specifications which have been identified by the community code enforcement official and which are the minimum necessary to assure safe living conditions; or
2. Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
SWEEPSTAKES FACILITY. Any business enterprise where persons utilize computers, gaming terminals, or other electronic machines 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 does not include any lottery approved by the State of North Carolina.
TALL STRUCTURE. Any structure that is taller than 70 feet and is not otherwise exempt from these regulations.
TREE, CANOPY. A large tree growing to a height of 40 feet or more at maturity, usually deciduous, and characterized by its ability to provide canopy cover and shade.
TREE, UNDERSTORY. A small to medium tree, growing to a mature height of 15 to 40 feet and characterized by specific aesthetic qualities, such as colorful flowering, interesting bark or brilliant fall foliage.
USE. The purpose for which land or a building or structure is arranged, designed or intended, or for which either land or a building or structure is, or may be, occupied or maintained.
USE, PRINCIPAL. A use which is permitted by right in a district.
VARIANCE. A modification of the requirements of the ordinance by the Board of Adjustment when strict enforcement of this ordinance would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted.
VETERINARY CLINIC. A facility or establishment rendering surgical and medical treatment to animals, which may include overnight accommodations for purposes of recovery. Crematory facilities shall not be allowed in a veterinarian establishment.
VIOLATION. The failure of a structure, site feature or use to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance is presumed to be in violation until such time as that documentation is provided.
VISUAL RUNWAY. A runway intended solely for the operation of aircraft using visual approach procedures.
WATERCOURSE. A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
WIND TURBINE. A wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator. Such a system might include a nacelle, rotor, tower, pad transformer and other appurtenant structures and/or facilities.
YARD. An open space, other than a court, on a lot unoccupied and unobstructed from the ground upward except as otherwise provided in this ordinance.
YARD, FRONT. An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the front line of the lot and the front line of the building projected to the side lines of the lot. Where a lot abuts more than one street, the Ordinance Administrator shall determine the front yard for purposes of this ordinance.
YARD, REAR. An open, unoccupied space on the same lot with a principal building extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side line of the lot.
YARD, SIDE. An open, unoccupied space on the same lot with a principal building, situated between the building and the side lot line, and extending from the rear line of the front yard to the front line of the rear yard.
ZONING MAP AMENDMENT/REZONING. An amendment to a zoning regulation for the purpose of changing the zoning district that is applied to a specified property or properties. The term also includes (i) the initial application of zoning when land is added to the territorial jurisdiction of a local government that has previously adopted zoning regulations; and (ii) the application of an overlay zoning district or a conditional zoning district. The term does not include (i) the initial adoption of a zoning map by a local government; (ii) the repeal of a zoning map and readoption of a new zoning map for the entire planning and development regulation jurisdiction; or (iii) updating the zoning map to incorporate amendments to the names of zoning districts made by zoning text amendments where there are no changes in the boundaries of the zoning district or land uses permitted in the district.
ZONING REGULATION. A zoning regulation authorized by G.S. Chapter 160D, Article 7.
(Ord. 2021-02, passed 6-14-2021)