A.1 Definitions

The words and terms defined in herein shall be given the meaning assigned to them for the purpose of interpreting, administering and enforcing the Town of Pilot Mouintain Unified Development Ordinance. Words and terms contained in the UDO which are not defined herein shall be interpreted as having their common meaning in accordance with Subsection 1.7.3 of the UDO.

A.2 Definition of Specific Words and Terms

A-Frame Sign. A self-supporting sign which is designed to be folded for storage when not in active use.

Accessory Dwelling. A dwelling unit that is accessory, supplementary, and secondary to the primary dwelling that may be constructed as an addition to the primary dwelling or as a detached unit. Accessory dwellings shall be subject to Section 8.12 (Performance Standards for Certain Uses and Structures).

Accessory Sign. Signage which is intended for on-site viewing, and is subordinate in size and placement to other permanent signage.

Accessory Structure. A structure that is clearly incidental to and customarily found in connection with a principal building or use, is subordinate to and serves a principal building or use and is subordinate in size, area, extent and purpose to the principal building or principal use served. An accessory structure must be on the lot on which the principal use is located.

Accessory Use. A use of a nature customarily subordinate or incidental to, and located on the same lot as, the principal use of any structure or property.

Administrative Decision. Any final and binding order, requirement, determination or interpretation made by the Ordinance Administrator.

Amortization. An established period of time, at the end of which a nonconforming situation is required to be in compliance with the current provisions of the UDO.

Animal Services. Any use catering to the needs of domestic animals, such as veterinary clinics, kennels and similar uses.

Applicant. The person, as defined in the UDO, who is listed as such on a petition or application established for a procedure or permit under the UDO.

Architectural Design Plan. A plan, or set of plans, containing the elevations, profiles and similar graphic renderings and associated calculations related to the design and appearance of a building or other structure.

Architectural Lighting. Outdoor lighting fixtures that are located and directed in a manner so as to highlight or articulate the features of a structure or individual elements of a site, such as landscaping, fountains or similar features.

Assembly (Use). Any use in which an area is provided for the congregation of people for a common purpose.

Awning. A hood or roof type cover, made of rigid or flexible material, designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall of a structure over a window or door.

Awning Sign. A sign which is integrally printed onto the surface of an awning or similar canopy that is affixed to the vertical wall plane of a building.

Base Wall Plane. The portion of the vertical wall plane that extends for the greatest horizontal distance, in aggregate, along a building frontage.

Billboard. (see Outdoor Advertising Sign)

Buffer Yard. A required yard located on the interior of a property line which is either planted or remains in a vegetated state in order to provide visual and physical separation between adjoining properties or land uses.

Build-to Line. An imaginary line running along a frontage that establishes the required location of the vertical plane of the building wall that runs parallel to said frontage.

Building. Any structure having a roof supported by columns or by walls, and intended for shelter, housing or enclosure of persons, animals, property or business activity.

Building Frontage. The width of a building wall which faces a public street, parking area or internal access drive.

Building Line. An imaginary line running parallel with the forward edge of the building wall with which it is associated.

Building Permit. A permit for work or construction which is regulated by the North Carolina State Building Code in any or all of its volumes.

Bulkhead. The part of a storefront that forms a base for one or more display windows

Caliper. The diameter of nursery‐grown trees measured at a point on the tree 6 inches above soil line for trees up to 4 inches caliper or measured at a point on the tree 12 inches above soil line for trees greater than 4 inches caliper. Caliper is the measurement used to specify sizes of new or replacement trees planted to meet the requirements of the UDO

Casualty Damage. Damage or destruction which is caused by man-made acts such as riot, fire, accident, explosion; or flood, lightning, wind or other calamity or act of nature.

Changeable Copy (sign). A sign or portion of a sign which is designed in a manner that the message displayed in the copy area may be changed.

Common Signage Plan. A plan establishing common signage elements and standards for a site or development which contains multiple buildings or tenant spaces.

Concealed Telecommunications Antenna. A telecommunications antenna which is concealed wholly within a preexisting structure that bears no physical or visual resemblance to the antenna, and which is an integral architectural feature of such structure.

Concept Plan. A plan which establishes the general layout of a proposed development prior to the preparation of a final site plan.

Cornice. A decorative molding, or simulated molding, that runs horizontally along a building wall, generally at the top of the wall, though a cornice may be installed in any location above the first story, provided that a cornice is also provided at the top of the wall.

Crop Production: A principal use of land associated with the planting, growing and harvesting of agricultural products as defined in NCGS 106-581.1.

Customary Home Occupation. Any use which is traditionally performed within the residence of the person providing the service, provided that such use meets all of the standards of the UDO.

Cutoff (Light Fixture) An outdoor light fixture shielded or constructed in such a manner that no more than 2.5% of the total light emitted by the fixture is projected above the horizontal plane of the fixture.

Developer. A person undertaking any or all the activities covered by the UDO, or for whose benefit such activities are commenced or carried on.

Development. Any human change or alteration to the unimproved or improved state of land, including, but not limited to changes or alteration to vegetation, soil, geology, hydrology, buildings or other structures for any residential, commercial, industrial, utility, or other uses, including, but not limited to, all areas for vehicular access, circulation, and parking and including, but not limited to, mining, dredging, filling, grading, paving, excavating and drilling operations and any subdivision of land.

Directional Sign. A sign, the sole purpose of which is to direct pedestrian or vehicular traffic to within the interior of the property upon which the sign is situated.

Directory Sign. An accessory sign which displays a list of tenants occupying the building or site with which the sign is associated.

Dwelling, Manufactured Home. A structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet; and which is built on a permanent chassis and designed to be used as a dwelling, with or without permanent foundation when connected to the required utilities, including the plumbing, heating, air conditioning and electrical systems contained therein.

Dwelling, Multi-Family. A structure containing more than one residential dwelling.

Dwelling, Single Family. A detached, freestanding structure intended for residential use.

Dwelling Unit. A building or portion thereof, designed to provide complete and permanent living facilities for a single housekeeping unit (one or more people living together and sharing common living space), including bathroom and kitchen facilities within the interior of the unit.

Erect. To construct, build, raise, assemble, install, place, replace, locate, relocate, affix, attach, display, alter, use, create, paint, draw, illuminate, or in any other way bring into being or establish.

External Illumination (sign). Having a light source that is located wholly on the exterior of the sign.

Façade. The exterior area of a building wall.

Family Care Home. A residential dwelling with support and supervisory personnel that provides room and board, personal care and habilitation services in a family environment for not more than six resident persons with disabilities as defined in NCGS 168-21.

Farmers Market. A public or private establishment serving as a retail outlet for the sale of agricultural products which are produced at a location other than that at which the market is locations

Finished Grade. The post-construction level of land.

Flag Lot. A lot or parcel of land having a narrow strip of land connecting the body of the lot to the right-of-way, where the connecting strip is more narrow than the required minimum lot width for the district in which the lot is located.

Footcandle. A quantitative unit measuring the amount of light cast onto a given point, measured as 1 lumen per square foot.

Freestanding Sign. A sign whose base is permanently affixed to the ground and is not attached to, or supported by, a building or other structure.

Full Cutoff (Light Fixture). An outdoor light fixture shielded or constructed in such a manner that it emits no light above the horizontal plane of the fixture.

Glazed (Glazing). An area comprised of glass.

Gross Floor Area. The sum in square feet of the gross interior horizontal area of all floors of a building measured from the exterior walls of the building or unit being measured. The area of each story of a multi-story structure shall be included in the gross floor area calculation.

Horizontal Wall Plane. The width of a building wall between its outermost vertical surfaces.

Improvement. An addition to real property which is intended to enhance the value, beauty or utility of the property or to adapt the property for new or further purposes.

Internal Illumination (sign). Having a source of light within the interior of the sign.

Junkyard. A lot, land or structure, or part thereof, used primarily for the collection, storage and sale of waste paper, rags, scrap metal, or other discarded material; or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in operating condition. This shall include the sale of parts from any such machinery or vehicles.

Kennel. Any premises where domestic animals, such as dogs and cats, are boarded, trained, or bred for commercial or animal control purposes.

Livestock Production: A principal use of land associated with the breeding, raising and harvesting of animals which are customarily associated with an agricultural enterprise.

Logo. A symbol or registered trademark used by a business fir identification and advertising purposes.

Lot. A parcel of land occupied or capable of being occupied by a building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to the same.

Lot Frontage. That portion of a lot or parcel of land that abuts a street.

Lot of Record. A lot which has been duly established, as evidenced by a plat and/or deed describing its location by metes and bounds, that is recorded in the office of the Register of Deeds of Surry County North Carolina, or any lot which is created by judicial process.

Lumen. A unit of luminous flux equal to the light emitted in a unit solid angle by a uniform point source of one candle intensity.

Menu Board. A sign that is designed for the display of menu items and prices for the purpose of placing orders for such items in conjunction with a restaurant.

Metes and Bounds. A surveyor’s description of a parcel of real property, using carefully measured distances, angles, and directions, which results in what is called a "legal description" of the land, as distinguished from merely a street address or parcel number.

Mixed Use. The combination of two (2) or more different land use types on a single parcel or within a single building.

Multi-Family. A building containing multiple dwelling units, or a group of such buildings comprising a larger development.

Nonconforming. A situation or circumstance related to a use, structure, lot, site feature or any other matter regulated by the UDO which is not compliant with the terms or conditions of the regulation or provision related to the regulated subject.

Non-Cutoff (Light Fixture). An outdoor lighting fixture that does not meet the definition of a cutoff fixture.

NCDEQ. The North Carolina Department of Environmental Quality.

NCDOT. The North Carolina Department of Transportation.

NCGS. The North Carolina General Statutes.

Nonresidential. A use which does not include a dwelling unit.

Nonresidential District. The OI, CB, GB, HB, LI and GM base zoning districts, the parallel conditional zoning districts that correspond to those districts and the RMX special purpose district.

Occupiable Story. A story of a building which contains floor area which is habitable or may be occupied by humans.

Off-Street Parking. Vehicular parking accommodations on private property, and outside of an established public or private street right-of-way.

Official Zoning Map. The adopted map that depicts the spatial distribution of zoning districts within the territorial jurisdiction of the Town of Pilot Mountain

Ordinance Administrator. The person appointed by the Town Manager who is responsible for the administration and enforcement of the UDO, with the exception of those functions which are specifically reserved for another elected or appointed individual or body

Outdoor Advertising Sign. An advertising sign used as an outdoor display for the purpose of directing attention to a business, commodity, service or entertainment conducted, sold, manufactured, or offered at a location other than the location of said sign.

Parallel Conditional District. A conditional zoning district which is identical in its minimum standards to the base zoning district to which it corresponds, but which may be augmented with additional standards, conditions or restrictions to achieve land use compatibility or address the impact associated with the proposed development.

Parapet. A protective wall at the edge of a roof that rises above the roofline.

Parking Aisle. A vehicular travelway having parking spaces on one or both sides.

Permanent Sign. A sign which is intended for permanent display.

Person. An individual, corporation, limited liability company, governmental agency, business trust, estate, trust, partnership, association, two or more persons having a joint tenancy or tenancy in common, or any other legal entity.

Prevailing Setback. A setback established by the location of buildings on previously developed lots.

Primary Façade. The most prominent vertical wall plane(s) of a building, usually containing the main customer entrance and facing the most prominent street frontage.

Principal Use. The primary or most prevalent land use(s) found on a property.

Produce Stand. A structure erected or placed for the purpose of the sale of agricultural products on the site or property upon which such products are grown or produced.

Projecting Sign. A sign which extends perpendicularly to the wall plane on which it is mounted, and is intended for viewing at an angle that is perpendicular to the wall on which it is mounted.

Public Hearing. A meeting at which an elected or appointed body provides the opportunity for input by members of the public on an application or petition that is before the body for its review or approval, whether such meeting is required by the UDO or by other applicable laws or ordinances.

Religious Institution. A church, synagogue, temple, mosque, or other place of religious worship, including any directly dependent accessory use or structure, such as a school, day care center, or dwelling, located on the same lot.

Residential. A use which includes one or more dwelling units.

Residential District. The RA, RL, RM and RH base zoning districts, the parallel conditional zoning districts that correspond to those districts and the RMX special purpose district.

Retaining Wall. A wall constructed for the purpose of retaining or holding earth or fill, normally in lieu of a slope, to accommodate differences in the elevation or grade of adjacent properties. Retaining walls located within any minimum required yard as provided for in this chapter, shall not project more than one foot above the finished grade of the property they are erected to retain or hold.

Reverse Frontage Lot. Any lot whose most narrow dimension is perpendicular to the prevailing narrow dimension of the majority of lots on the block on which the lot is located.

Right-of-Way. An area or strip of land, either public or private, on which an irrevocable right-of-passage has been recorded for use as a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water line, sanitary or storm sewer line, shade trees, or other special use.

Screen. To obscure from view by means of walls, fencing, landscaping or other methods.

Shrub. A woody deciduous or evergreen plant which consists of a number of small branches from or near the ground.

Site. All contiguous parcels of land, including any contiguous bodies of water, under one or diverse ownership, contemplated for development or already developed as a unit, although not necessarily all at one time, and including such portions which the Ordinance Administrator determines, because of their characteristics, shall comply with the requirements of this chapter.

Site Plan. A plan, prepared by a qualified professional, which accurately depicts all information required to demonstrate compliance with the regulations and provisions of the UDO.

Story. That part of a building or structure above ground level between a floor and the floor or roof next above.

Street Frontage. See Lot Frontage

Structure. Anything constructed, installed, or portable, the use of which requires a location on a parcel of land. This includes a fixed or movable building which can be used for residential, business, commercial, agricultural, or office purposes, either temporarily or permanently. "Structure" also includes, but is not limited to, swimming pools, tennis courts, signs, cisterns, sewage treatment plants, storage buildings (including portable storage units), sheds, and other accessory construction.

Temporary Use. A land use whose existence in a particular location is temporary, which, for the purposes of the UDO, shall mean no more than 30 days.

Temporary Sign. .A sign with or without a structural frame, not permanently attached to a building, structure or the ground and intended for a limited period of display in accordance with the provisions of the UDO.

Through Lot. Any lot which has frontage on more than one street, excluding corner lots and lots bordering on a street and an alley.

Truck Stop. A use providing fueling, rest areas, scales, maintenance and/or similar services or accommodations for tractor-trailers or similar large commercial vehicles.

Upper Story Dwelling. A dwelling unit (or multiple dwelling units) which is/are located above the first story of a building which contains a nonresidential use, or is otherwise designed for nonresidential occupancy, on the first story.

Use. Any activity, occupation, business or operation carried on, or intended to be carried on, in a building or structure or on a tract of land.

Vehicular Canopy. A roofed and open drive-through structure designed to provide temporary shelter for vehicles and their occupants while making use of a business’ services.

Vehicular Canopy Sign. An accessory sign mounted on a vehicular canopy.

Vertical Wall Plane. The area of a building wall between the adjacent grade and the top of the building wall.

Vested Right: The right to undertake and complete the development and use of property under the terms and conditions of an approved site specific development plan or an approved phased development plan.

Visible Light Transmission Ratio. A measurement of the amount of light that is able pass through glass, which is expressed as a percentage of the amount of light that passes through.

Wall Sign. A sign which is attached flat against, and parallel to, the exterior wall or surface of a building or other structure.

Window Sign. A sign affixed to the interior or exterior surface of a glazed area.

Wire Utility. Any public or private utility that is delivered via a cable, wire or similar material.

Zoning Permit. A permit issued by the Town of Pilot Mountain stating that a particular development project, the change or establishment of a land use, or construction activity, is in compliance with the provisions of the Unified Development Ordinance. A zoning permit is typically issued after all other approvals have been obtained.

A.3 Definitions Relating to Adult Oriented Businesses

Adult Oriented Business. An adult arcade, adult bookstore, or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, sexual encounter center (including adult massage parlor and adult health club), sexually oriented device business or any combination of the foregoing or any similar business. As used in this section the following definitions shall apply:

Adult Arcade (also known as "peep show"). Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to persons in booths or viewing rooms where the images so displayed depict or describe "specified sexual activities" or "specified anatomical areas".

Adult Bookstore or Adult Video Store. A commercial establishment which as one of its principal business purposes officers for sale or rental for any form of consideration any one or more of the following:

1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations that depict or describe "specified sexual activities" or "specified anatomical areas"; or
2. Instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities".

Adult Cabaret. A nightclub, bar, restaurant, or other commercial establishment that regularly features, exhibits or displays as one of its principal business purposes:

1. Persons who appear nude or seminude; or
2. Live performance which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
3. Films, motion pictures, video cassettes, slides, or other photographic reproductions which depict or describe "specified sexual activities" or "specified anatomical areas".

Adult Motel. A hotel, motored, or similar commercial establishment that:

1. Offers accommodations to the public for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that depict or describe "specified sexual activities" or "specified anatomical areas" as one of its principal business purposes; or
2. Offers a sleeping room for rent for a period of time that is less than ten hours; or
3. Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that that is less than ten hours.

Adult Motion Picture Theater. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown as one of its principal business purposes that depict or describe "specified sexual activities" or "specified anatomical areas".

Adult Theater. A theater, concert shall, auditorium, or similar commercial establishment which regularly features, exhibits or displays, as one of its principal business purposes, persons who appear in a state of nudity or seminude, or live performances that expose or depict "specified anatomical areas" or "specified sexual activities".

Escort. A person who, for any tips or any other form of consideration, agrees or offers to act as a date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

Escort agency. A person or business that furnishes, offers to furnish, or advertises to furnish escorts as one of its principal business purposes, for a fee, tip, or other consideration.

Nude Model Studio. Any place where a person who appears, nude, or seminude, or who displays "specified anatomical areas" is provided to be observed, sketches, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nude model studio shall not include a proprietary school licensed by the state or a college or university supported entirely or in part by public taxation; a private college or university which maintains an operated educational programs in which credits are transferable to a college, junior college; or university supported entirely or partly by taxation; or in a structure:

1. That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or seminude person is available for viewing; and
2. Where in order to participate in a class a student must enroll at least three days in advance of class; and
3. Where no more than one nude or seminude model is on the premises at any one time.

Nude or a state of Nudity.

1. The appearance of a human anus, male genitals or female genitals; or
2. A state of dress that fails to opaquely cover a human anus, male genitals or female genitals.

Seminude. A state of dress in which clothing covers no more than the genitals, [pubic] region, and areola of the female breast, as well as portions of the body covered by or supporting straps or devices.

Sexual Encounter Center. A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration physical contact in the form or wrestling or tumbling (including sexually oriented massaging) between persons of the opposite sex, or similar activities between male and female persons and/or between persons of the same sex when one or more of the persons is in a state of nudity or seminude.

Sexually Oriented Devices. Any artificial or simulated specified anatomical area or other device or paraphernalia that is designed principally for specified sexual activities but shall not mean any contraceptive device.

Specified Anatomical Areas. Human genitals in a state of sexual arousal.

Specified Sexual Activities. Is and includes any of the following:

1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or
2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or
3. Masturbation, actual or simulated; or
4. Excretory functions as part of or in connection with any of the activities set forth in subsections (a—c) above.