For the purposes of interpreting this Land Development Code, certain terms and words are to be used and interpreted as defined in this appendix. Except as defined herein, all other words used in this LDC shall have their customary dictionary definition. Certain zoning categories and the uses encompassed therein shall be construed and interpreted as set forth herein. All words used in present terms [tense] include the future tense; words used in the plural number include the singular; the word "person" includes a firm, association, organization, partnership, corporation, trust and company, as well as an individual; the word "lot" includes the word "plot" or "parcel"; the word "building" includes the word "structure" or "dwelling unit"; and the word "shall" is always mandatory and not merely directory; the words "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied"; the word "map," "zoning map" or "Rocky Mount Zoning Map" shall mean the "Official Zoning Map of the City of Rocky Mount, North Carolina." The position titles in this LDC are intended to be gender neutral; for example, the word his shall refer to either the male or the female gender.

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

Abandoned. The intentional or unintentional cessation of use, or maintenance of a building, structure or lot.

Accessory. A use, building, structure, part of a building, or part of a structure which is subordinate to and the use of which is incidental to that of the main building, structure, or use on the same lot, including a private garage. If a building otherwise qualified as an accessory building is attached to the main building by a common wall or roof, such building shall be considered a part of the main building.

Accessory dwelling. A self-contained dwelling unit created either by converting part of or adding on to an existing detached single-family home, or by building a separate dwelling unit into a new home on a single-family lot. Both the accessory dwelling and the principal residence must have a separate outside entrance or entrance off a common entryway.

Accelerated erosion. Any increase over the rate of natural erosion as a result of land-disturbing activity.

Addition (to an existing building). An extension or increase in the floor area or height of a building or structure.

Adequate erosion control measure, structure, or device. One which controls the soil material within the land area under responsible control of the person conducting the land-disturbing activity.

Administrative decision. Decisions made in the implementation, administration, or enforcement of development regulations that involves the determinations of facts and the application of objective standards set forth in this land development ordinance or other local development regulations.

Administrative hearing. A proceeding to gather facts needed to make an administrative decision.

Adult bookstore. A commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one (1) of the following: books, magazines, periodicals or other printed matter, movies, video tapes, or photographs or other visual representations, offered in photographic, electronic, magnetic, digital, or other imaging medium, which are distinguished or characterized by their emphasis on the depiction or description of specified sexual activities or specified anatomical areas. Any of the following shall be indicia that an establishment has as one of its principal business purposes the sale and rental of publications, movies, or other visual representations which are distinguished or characterized by their emphasis on the depiction or description of specified sexual activities or specified anatomical areas, as defined in this section:

A.

The business advertises the sale and rental of adult publications and/or sexually oriented devices;

B.

Access by persons under eighteen (18) years of age to the business establishment or portions of the business establishment is restricted;

C.

Signs or notices are posted outside and/or inside the business establishment indicating that the material offered for sale or rental might be offensive;

D.

The building or portion of the building containing the business establishment does not have windows or has windows that are screened or otherwise obstructed or are situated in a manner that restricts visual access from outside the building to materials displayed within for sale or rental.

Such indicia shall be considered along with all other factors and available information. Notwithstanding the foregoing, a general circulation video store that does not offer for sale any sexually oriented devices shall not constitute an "adult bookstore" even though it offers for sale and/or rental video tapes which are distinguished or characterized by their emphasis on the depiction or description of specified anatomical areas or specified sexual activities, as defined in this section, so long as:

a.

Such described video tapes are stocked and displayed in a room separate from the area of the business establishment where general circulation video tapes are stocked and displayed;

b.

Access by persons under eighteen (18) years of age to the room where such described videotapes are stocked and displayed is restricted;

c.

The square footage of the separate room where such described video tapes are stocked and displayed is no more than twenty (20) percent of the square footage of the area where general circulation video tapes are stocked and displayed; and

d.

The general circulation video tape portion of the business establishment offers a quantity and selection of new release general circulation video tapes that is typical of a general circulation video store and offers a quantity and selection of other general circulation video tapes that are organized and displayed in a manner that is typical of a general circulation video store.

A commercial establishment may have other principal business purposes that do not involve offering the sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult cabaret. A retail business or private club as defined in N.C.G.S. § 18B-1000 which (a) serves food or beverages, or permits the consumption of food or beverages, and (b) regularly provides or has available for viewing by its patrons or members adult live entertainment.

Adult care (home occupation). A permitted home occupation meeting LDC requirements in which eight (8) or fewer adults requiring supervision.

Adult day center. Community-based group program designed to meet the needs of functionally and/or cognitively impaired adults. Adult day centers provide a caring, home-like setting for individuals who, for their own safety and well-being, can no longer be left at home alone.

Adult entertainer. Any person who requests or accepts payment, tips or other compensation to provide entertainment by dancing, posing or otherwise appearing within an adult cabaret with (i) a less than fully opaque covering over any part of the genitals, pubic region, buttocks or any part of the areola of the female breast, or (ii) the covered male organ in a visibly turgid state.

Adult establishment. An adult bookstore, adult motion picture theatre, adult mini motion picture theatre, adult cabaret, or clothing-modeling studio as defined in this LDC.

Adult live entertainment. Any performance of or involving the actual presence of real people which exhibits specified sexual activities or specified anatomical areas, as defined in this LDC.

Adult mini motion picture theatre. An enclosed building with viewing booths designed to hold patrons which, for any form of consideration, regularly presents still or motion pictures, films, slides, or similar photographic reproductions, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, or describing specified sexual activities or specified anatomical areas as defined in this LDC, for observation by patrons therein.

Adult motion picture theatre. An enclosed building or premises where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, or describing, specified sexual activities or specified anatomical areas, as defined in this LDC for observation by patrons therein. "Adult motion picture theatre" does not include any adult mini motion picture theatre as defined in this LDC.

Affiliate. A person that directly, or indirectly through one (1) or more intermediaries, controls, is controlled by, or is under common control of another person.

Affordable housing. A dwelling unit that is provided at or below eighty (80) percent of the area median income for the Rocky Mount Metropolitan Statistical Area (MSA) as defined by the United States Department of Housing and Urban Development (HUD) for the HOME Investment Partnership Program.

Agricultural uses (bona fide farm exemption). Land used as pasture or in the commercial production of crops, horticultural products, fish hatcheries or aquaculture. Also for the purposes of this LDC, the keeping of livestock for commercial or noncommercial purposes is defined as an agricultural use. Livestock includes, but is not limited to, poultry and hoofed animals such as cattle, horses, swine, goats, and sheep. Also included in this definition of agricultural uses are agricultural accessory buildings, and sales of agricultural products grown or raised on the premises. Not included in this definition is the commercial slaughtering of animals for marketing and farm tenant dwellings.

Alley. A roadway easement which affords only a secondary means of access to abutting property and is not intended for general traffic circulation.

Alter. To make any structural changes in the supporting or load-bearing portions of a building, such as bearing walls, columns, beams, girders or floor joists.

Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

Apartment. A room or suite of one (1) or more rooms, each of which has kitchen facilities and is designed or intended to be used as an independent unit on a rental basis.

Approved accounting tool. The most recent version of the accounting tool for calculating nutrient loading and reduction approved by DWQ for the relevant geography and development type under review.

Architect. A registered architect licensed to practice in North Carolina.

Architectural feature. A prominent or significant part or element of a building, structure or site.

Area of shallow flooding. A designated AO zone on the flood insurance rate map (FIRM). The base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident.

Assembly. The use of a building or a structure, or portion thereof, for the gathering together of persons for the purposes such as civic, social, recreation, food or drink consumption, or similar activities.

Automobile off-street parking (commercial lot). Any building or premises, except [a building or premises] described as a private garage, used for the storage of motor vehicles for the public or private business.

Automobile off-street parking (parking deck). A multilevel building/structure designed and used for the parking of motor vehicles.

Bar, tavern or nightclub. Any establishment that that has been issued a permit or permits to sell or possess alcoholic beverages by the North Carolina Alcoholic Beverage Control Commission and which has available for its patrons, guests, or members amusements or entertainment such as, by way of illustration and not limitation, live or recorded music, dancing, table games, pinball or video machines, or television and which has gross receipts from the sale of alcoholic beverages that exceed its gross receipts from the sale of food.

Base district. The zoning district of a residential, commercial, or industrial nature applied to a property on the official zoning map of the city which provides for the permitted and special uses for which the property or structures thereon may be lawfully used.

Base flood elevation (BFE). The highest height, expressed in feet above sea level of floodwaters occurring in the 100-year floodplain, otherwise known as the regulatory floodplain. Flood elevations are calculated by engineering techniques, and observed experiences may be used to verify reliability.

Basement. For floodplain purposes, any area of the building having its floor sub-grade (below ground level) on all sides. For purposes of height measurement, a basement shall be counted as a story when more than one-half (½) of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.

Bed and breakfast. A dwelling that offers overnight accommodation in no more than six (6) guest bedrooms, has no cooking facilities in guest bedrooms, and offers only one (1) daily meal for guests only. The term is intended to describe the offering of temporary lodging in a private home having architectural and historic interest, rather than the provision of food service or the offering of facilities for long-term occupancy, such as provided by boardinghouses, inns, and similar guest lodging.

Best management practices (BMP). 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.

BFE. See base flood elevation.

Block. A parcel of land, intended for urban purposes which has definite boundaries formed by being surrounded by such features as public streets, highways, railroad rights-of-way, public walks, parks or green strips, rural land or drainage channels or combinations thereof.

Board of adjustment. A quasi-judicial body composed of representatives from the planning area, which is given certain powers under and relative to this LDC.

Boardinghouse. A rooming house or a structure which contains four (4) or more rooms, each of which has no kitchen facilities and is designed or intended to be used for residential occupancy on a rental basis.

Bond. A type of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the city council as a surety for performance of improvements or maintenance.

Borrow. Fill material which is required for on-site construction and is obtained from other locations.

Buffer. An area of natural or planted vegetation through which stormwater run-off flows in a diffuse manner so that the run-off does not become canalized and which provides for filtration of the run-off 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 or rivers. It is also a portion of property designated to mitigate impacts as well as to protect water features from pollutants.

Bufferyard. An area of land located adjacent to lot lines, but not right-of-way lines, in which landscaping and in some instances other barriers (such as fencing and/or earthen berms) have been provided.

Building. Any structure, permanent/stationary or portable, intended for support, shelter, housing or enclosure for occupancy or storage. When separated by dividing walls without openings, each portion of such structure so separated, shall be deemed a separate structure. The word "building" shall include the word "structure."

Building, accessory. Any detached, subordinate structure, operated and maintained in the same ownership and located on the same lot as the main building. No such building may be used by other than the owners, lessees or tenants of the premises or their employees.

Building, commercial. Any building used for business purposes.

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

Building height. The vertical distance from the average sidewalk or street grade, or finished grade of the building line, whichever is the highest, to the highest point of the building.

Building, industrial. Any building used for industrial purposes.

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

Building, residential accessory. A detached, subordinate building that is maintained in the same ownership and located on the same lot as the main dwelling unit. A residential accessory building may be used or occupied by anyone including the owner, members of the owner's immediate family, or a renter. Accessory buildings must meet "appearance and design guidelines" appropriate to specific zoning districts.

Building site. Any lot, or portion thereof, or two (2) or more contiguous lots, or portions thereof, of a parcel of land upon which a building or buildings may be erected in conformance with the provisions contained herein.

Built-upon area. Built-upon areas shall include that portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel roads, recreation facilities (e.g. tennis court), etc. (Note: Wooden slatted decks and the water area of a swimming pool are considered pervious).

Calendar day. A day shown on the calendar beginning and ending at midnight and being twenty-four (24) hours in length.

Caliper. Tree trunk diameter measured six (6) inches above ground level up to and including four (4) inch caliper size and twelve (12) inches above ground level for larger sizes.

Caregiver. A person or persons who reside in an accessory dwelling and are responsible for assisting or attending to the needs of someone who resides in the primary/principal structure.

Cemetery. A place used or to be used and dedicated or designated for earth interments of human remains or pet animal remains.

Central business district or CBD. Central business district of CBD means that portion of the commercially oriented downtown area which is identical to the fire limits as defined in section 6-5 of the City Code.

Central city area. Description on file with city clerk.

Central city historic district. Description on file with city clerk.

Certificate of appropriateness. The official document issued by the historic preservation commission approving and/or concurring in any application for permit for erection, demolition, moving, restoration or alteration of any structure designated historic property.

Certificate of occupancy/compliance. A statement, signed by the inspections services administrator, or authorized designee, setting forth that the building, structure or use complies with the zoning ordinance and/or construction codes, and that the same may be used for the purpose stated herein.

Certificate of economic hardship. The official document issued by the historic preservation commission certifying that an economic hardship would occur if a certificate of appropriateness for a specific structure designated historic property was denied.

Chemical storage facility. A building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products.

Childcare center. Any center which provides supervisory care for six (6) or more children, not of common parentage, apart from their natural parents, legal guardians or custodians, when received for regular periods of time for compensation. Provided, however, this definition shall not include public and private schools organized, operated or approved under the laws of this state, custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree to the custodial persons, or to churches or other religious or public institutions caring for children within the institutional building while their parents or legal guardians are attending services of meetings or classes or engaged in church activities.

Childcare (home occupation): An operation providing supervisory care for no more than five (5) preschool children and three (3) school-aged children at any one time (including preschool children who reside in the home and not including the provider's own school-aged children).

Christmas tree sales. Sale of live cut or live balled and burlapped Christmas trees and products made from such trees. This definition shall include roping and other materials needed to support the business.

City. The City of Rocky Mount, North Carolina.

City attorney. The legal counsel appointed by the city council for legal representation of the city.

City clerk. The city clerk of the city, or designated representative.

City council. Refers to the elected, governing body of the city.

City manager. Refers to the city manager of the city as appointed by the city council.

Clinic. Establishments where humans receive treatment of illnesses or pregnancy, or examinations by a doctor, dentist, optician, psychologist, or other similar medical professional on an out-patient basis.

Clothing modeling studio. Any place where, for any form of consideration or gratuity, a person agrees or offers to privately model clothing, including, but not limited to lingerie, for an individual patron.

Cluster development, residential. A specific design of residential land use which permits variation in lot size, shape and orientation without an increase in overall density of the development. Buildings are typically grouped on the most buildable part of the tract leaving the remaining area as common open space.

College or university. Academic institution of higher education characterized by ability of the institution to confer upon its graduates associate, bachelor, master and doctorate degrees of arts and science.

Co-location. The use of a single wireless communications tower by more than one (1) wireless communications provider.

Columbarium. A structure or building substantially exposed above ground intended to be used for the interment of the cremated remains of a deceased person or animal.

Commercial recreation. Any establishment whose main purpose is to provide the general public with an amusing or entertaining activity and where tickets are sold or fees are collected for the activity. Commercial recreation establishments include, but are not limited to: skating rinks, water slides, miniature golf courses, arcades, bowling alleys, billiard halls, but do not include movie theaters.

Community center, private. A facility opens to members of an organization for gathering, meeting, recreation and other similar activities. A facility located within a residential development or complex which is used strictly by residents of that development and their guest is included within this definition.

Community center, public. A facility opens to the public or to members of an organization for gathering, meeting, recreation and other similar activities. A facility located within a residential development or complex which is used strictly by residents of that development and their guest is not included within this definition.

Community enterprise district (CED). 2000 U.S. Census Blocks 202.1, 202.2 and 202.5 located within the corporate limits, as of March 25, 2002, and not within any national, state or local designated historic districts.

Community facility. Any parcel of land, whether improved or unimproved, which renders a public service and which is owned and maintained by the city or any other public or quasi-public organization with authority to condemn property for use under right of eminent domain, including but not limited to, parks and open spaces, school sites, fire station sites and utility substations or main stations.

Completion of construction or development. Means that no further land-disturbing activity is required on a phase of a project except that which is necessary for establishing a permanent ground cover.

Composting facility. A solid waste facility which utilized a controlled biological process of degrading non-hazardous solid waste. A facility may include materials processing and hauling equipment, structures to control drainage, and structures to collect and treat leachate, and storage areas for the incoming waste, the final products and residual materials.

Comprehensive plan. The comprehensive plan, land use plan, small area plans transportation plan, capital improvement plan, and any other plans regarding land use and development that have been adopted by the governing board, any of its parts, for the development of all or part of the territorial jurisdiction area, as adopted by the city as is now or may be hereafter in effect.

Conditional zoning. A legislative zoning map amendment with site-specific conditions incorporated into the zoning map amendment.

Condominium. A dwelling unit in which the ownership of the occupancy rights to the dwelling unit is individually owned or for sale to an individual and such ownership is not inclusive of any land.

Construction in process. A land-disturbing activity has been initiated and permanent stabilization of the site has not been completed.

Continuing care retirement community (CCRC). A specialized living community that provides a high level of comprehensive assisted living care. CCRCs may offer three basic levels of care: independent living, assisted living, and skilled nursing care - all within the same community. CCRCs offer several housing options - independent living facilities for individuals who need little or no assistance, assisted living facilities for those who require some help with the activities of daily living (e.g., eating, bathing, medication management); skilled nursing care offers residents access to both short-term and long-term nursing care, rehabilitative services and memory support care. A health care center may be located on site to provide routine medical care as well as speech, physical or occupational therapy. The health care center offers convenience by centralizing a variety of health care services. CCRC's include dining and food preparation facilities, age appropriate social and recreational facilities, and medical and physical therapy facilities. The CCRC features a full service building offering two (2) or three (3) levels of care, including the above facilities, within the building or connecting buildings. The CCRC may also feature independent living buildings in single family, multiplex, and apartment style structures.

Contractors. General contractors and builders engaged in the construction of buildings and associated trades, either residences or commercial structures as well as heavy construction contractors engaged in activities such as paving, highway construction, and utility construction.

Convalescent center or nursing home. A facility that provides nursing services and custodial care on a twenty-four (24) hour basis for three (3) or more unrelated individuals who for reasons of illness, physical infirmity, or advanced age require such services.

Convenience store. A retail store that sells groceries and may also sell gasoline but not including automotive service stations, or vehicle repair shops. The sale of alcoholic beverages is a separate use and is not included in the definition of convenience store.

County. County means Nash or Edgecombe County, North Carolina, as appropriate.

Coverage. The lot area covered by the building, including all overhanging roofs except where otherwise specifically designated.

Crematory. A facility used to incinerate corpses for the purpose of final disposal.

Critical area. The area adjacent to a water supply intake or reservoir where a risk associated with pollution is greater than from the remaining portions of the watershed. The critical area is defined as extending one-half (½) mile upstream from the intake located directly in the Tar River, or the ridgeline of the watershed (whichever comes first.)

Critical facilities. A critical facility is any property that, if flooded, would result in severe consequences to public health and safety. This includes, but is not limited to, structures or facilities that produce, use, or store highly volatile, flammable, explosive, toxic, and/or water-reactive materials; hospitals, nursing homes, child and adult day center, schools, and housing likely to contain occupants who may not be sufficiently mobile to avoid death or injury during a flood; police stations, fire stations, vehicle and equipment storage facilities, and emergency operations that are needed for flood response activities before, during, and after a flood; and public and private utility facilities that are vital to maintaining or restoring normal services to flooded areas before, during, and after a flood.

Decision making board. A governing board, planning board, board of adjustment, historic district board, or other board assigned to make quasi-judicial decisions.

Dedication. A grant by the owner of his property to another party, without any consideration being given for the transfer; such transfer is conveyed by written instrument and is completed with an acceptance.

Density. The number of dwelling units per acre.

Design flood. See "regulatory flood protection elevation."

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 ion that property.

Development. Any land-disturbing activity that increases the amount of built-upon area or that otherwise decreases the infiltration of precipitation in the subsoil. When additional development (expansion of development) occurs at a site that has existing development, the built-upon area of the existing development shall not be included in the density calculations for additional stormwater control requirements, and stormwater control requirements cannot be applied retroactively to existing development unless otherwise required by federal law.

Development approval. An administrative or quasi-judicial approval made 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 adopted regulations, including plat approvals, permits issued, development agreements entered into, and building permits issued.

Development, nonresidential. All development other than residential development, agriculture and silviculture.

Development activity. For floodplain management purposes, any activity defined as development which will necessitate a floodplain development permit. This includes buildings, structures, and non-structural items, including (but not limited to) fill, bulkheads, piers, pools, docks, landings, ramps, and erosion control/stabilization measures.

Development plan. A type of plan which becomes part of the zoning for a property. The plan depicts site characteristics and development information as specified in this LDC. The development plan provides guidance for site plans.

Development review committee (DRC). A committee of designated representatives as specified in chapter 3 of this LDC, which meets on a regular basis for the purpose of reviewing land development plans, zoning or subdivision applications, and any other regulatory permits that have been submitted according to the standards within the city's LDC.

Digital flood insurance rate map (DFIRM). The digital official map of a community, issued by the Federal Emergency Management Agency (FEMA), on which both the special flood hazard areas and the risk premium zones applicable to the community are delineated.

Director of public works. Refers to the director or department head for the department of public works for the city. Also referred to as the city engineer.

Director of development services. The director or department head for the department of development services for the city, (also referred to as the director).

Discharge point or point of discharge. That point where runoff leaves a tract of land where a land-disturbing activity has occurred or enters a lake or natural watercourse.

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

Dish antenna. A dish antenna, or earth station, is any accessory structure capable of receiving radio, television or other signals from a transmitter, transmitter relay or reflector.

Disposal. As defined in G.S. § 130A-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.

District. Land use sections as defined in this LDC and established on the city's official zoning map.

Ditch. An open channel that transports stormwater runoff.

Dormitory. A residence hall providing rooms for individuals or groups on a temporary basis.

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 appurtenances meant for year-round habitation and use, not including recreational vehicles.

Dwelling, live/work. A structure or portion of a structure combining a dwelling unit for one (1) or more persons with an integrated work space principally used by one (1) or more of the residents.

Dwelling, modular home. See Single-family detached dwelling. A structure fabricated in a facility and bears a third-party certification label that certifies the modular was constructed and inspected by the third-party inspections agency and conforms to the North Carolina Modular Construction Program and the North Carolina Building Code.

Dwelling, multifamily. A dwelling containing five (5) or more individual dwelling units, with the units often stacked one (1) above the other in a vertical configuration, sharing common vertical walls and/or horizontal floors and ceilings.

Dwelling, single-family, attached. Two (2) or more single-family dwelling units, each with its own outside entrance and individual lot, which are joined together by a common or party wall which is shared by two (2) or more individual dwelling units along the lot line. Examples include townhouses, patio homes, and row houses.

Dwelling, single-family, detached. A residential building containing not more than one (1) dwelling unit to be occupied by one (1) family, not physically attached to any other principal structure. For regulatory purposes, this term does not include manufactured homes, recreational vehicles, or other forms of temporary or portable housing.

Dwelling, two- to four-family. A residential building containing two (2) (duplex), three (3) (triplex), or four (4) (quadraplex) individual dwelling units located on a single lot. Such units may be part of a single structure or may be attached by one (1) or more common walls.

Dwelling, upper story. A dwelling unit located on the second floor or higher of a building with nonresidential uses located on the ground or street level.

Educational facilities, public, private or parochial. A building or group of buildings, the use of which meets State of North Carolina requirements for elementary, junior high, middle school, high school. This definition does not include colleges, trade or business schools.

Easement. A grant by the property owner for use by the public, a utility, a corporation, or other designated person(s) of a strip of land for specific purpose(s).

Elevated building. A non-basement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings or columns.

Enclosed retail shopping mall. An enclosed complex consisting of primarily a one-story or two-story building or buildings containing not less than twenty-five thousand (25,000) square feet and not less than five (5) independently operated stores or shops engaged in the sale of commodities or goods to individual consumers for personal use rather than resale, developed under a comprehensive plan where a majority of the stores or shops have their public entrance and signage fronting upon the interior of the complex, and where all stores or shops are served by a common parking lot.

Encroachment. For floodplain management purposes, the advance or infringement of uses, fill, excavation, buildings, structures or development into a special flood hazard area, which may impede or alter the flow capacity of a floodplain.

Energy dissipator. A structure or a shaped channel section with mechanical armoring placed at the outlet of pipes or conduits to receive and break down the energy from high velocity flow.

Environmental Management Commission (EMC). Refers to the North Carolina Environmental Management Commission.

Equipment cabinet. A cabinet or building used to house equipment used by telecommunications providers at a wireless communications facility.

Engineer. A North Carolina registered engineer.

Erect. Build, construct, rebuild, or reconstruct, as the same are commonly defined.

Erosion. The wearing away of land surfaces by the action of wind, water, gravity, or any combination thereof.

Evidentiary hearing. A hearing to gather competent, material, and substantial evidence in order to make findings for a quasi-judicial decision required by an adopted development regulation.

Existing BUA. The built-upon area associated with projects that are built or those that have established a vested right under North Carolina law as of the effective date to the state stormwater program or applicable local government ordinance to which the project is subject.

Existing building and existing structure. For floodplain management purposes, any building and/or structure for which the start of construction commenced before August 15, 1994.

Existing development. Those projects that are built or those projects that at a minimum have established a vested right under North Carolina zoning law as of the effective date of this section based on at least one (1) of the following criteria:

A.

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

B.

Having an outstanding valid building permit as authorized by N.C.G.S. § 160A-385.1; or

C.

Having expended substantial resources (time, labor, money) and having an approved site specific or phased development plan as authorized by N.C.G.S. § 60A-385.1.

Existing manufactured home park or manufactured home subdivision. For floodplain management purposes, 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) was completed before August 15, 1994.

Extraterritorial jurisdiction. Those Nash and Edgecombe County lands adjacent to the city corporate limits and boundaries of the city within a distance not to exceed three (3) miles as provided by statute wherein the city may exercise zoning and subdivision or other municipal regulations or powers.

FAA. The Federal Aviation Administration established pursuant to the Federal Aviation Act of 1958, as amended.

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

Family. One (1) or more persons related by blood, adoption or marriage, or a group of not more than five (5) persons not related by blood, adoption or marriage occupying a premises and living together as a single nonprofit housekeeping group in a dwelling unit as distinguished from a group occupying a hotel, club or similar dwelling for group use.

Family care home. A home with support and supervisory personnel that provides room and board, personal care and habilitation services in a family environment for not more than six (6) resident handicapped persons.

Family member. For purposes of this definition the term "persons related by blood, adoption or marriage" shall constitute the following:

(1)

Blood relations:

a.

Parents (including grandparents);

b.

Sons and daughters;

c.

Siblings;

d.

Uncles and Aunts (including great uncles and aunts);

e.

Nephews and nieces (children of a brother or sister);

f.

First cousins (children of brothers and/or sisters).

(2)

Marriage relations:

a.

Spouse;

b.

Step relations (mothers/father, son/daughter, brother/sister);

c.

Half relations (brother/sister);

d.

In-laws (mother/father, son/daughter, brother/sister).

(3)

Adoption:

a.

As provided by law.

b.

Foster parent/child, custody consent order, or other legally recognized form of guardianship.

Farm. The production and activities relating or incidental to the production of crops, fruits, vegetables, ornamental or flowering plants, dairy, livestock, poultry, and all other forms of agricultural products having a domestic or foreign market. For the purpose of this definition, farm buildings are defined as structures, other than residences and structures appurtenant there to, for farm use.

FCC. The Federal Communications Commission established pursuant to the Communications Act of 1934, as amended.

Fence. A continuous barrier constructed of wood, stone, steel, wire or other similar material.

Fence, closed. A continuous barrier that has less then fifty (50) percent of its surface space open for clear and continuous view to and from all sides.

Fence, open. A continuous barrier that has a minimum of fifty (50) percent of its surface space open for clear and continuous view to and from all sides.

Fence, screen. A continuous, opaque, unperforated barrier extending from the surface of the ground to a uniform height constructed of wood, stone, steel or similar material.

Fence, security. A continuous barrier which may be electrified in accordance with this LDC that is constructed of wood, stone, steel, wire or other similar material extending from the surface of the ground to a height allowed by this LDC.

Fill. Any approved material placed or deposited on a parcel of land for purposes of erecting structures or placed on the surface thereof resulting in the increase the existing or excavated surface elevation.

Fine arts. Individual art pieces, not mass-produced, consisting of one (1) or more of the following: paintings, drawings, etchings, sculptures, ceramics, inlays, needlework, knitting, weaving and/or craftwork of leather, wood, metal or glass.

Finished floor. 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 finished floor, provided that such an enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of the floodplain protection zoning overlay.

Flea market. A commercial operation held on a regular periodic basis and patronized by individual entrepreneurs who transport a variety of merchandise to a common geographical area for the purpose of sale or trade to the general public. This definition does not include sporadic and infrequent yard sales held in residential areas.

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

Flood, 100-year (also referred to as Subdistrict B). Floods that have a one (1) percent (one (1) in one hundred (100)) chance of occurring in any given year. Also known as the "base flood". The 100-year floodplain is the area of land that would be inundated by the 100-year flood. Also known as the special flood hazard area or regulatory base flood.

Flood, 500-year (also referred to as Subdistrict C, all other watercourses). Floods that have a 0.2 percent (one (1) in five hundred (500)) of being equaled or exceeded in any year are referred to as the 500-year flood. The 500-year floodplain is the area of land that would be inundated by the 500-year flood.

Flood boundary and floodway map (FBFM). An official map of a community, issued by the FEMA, on which the special flood hazard areas and the floodways are delineated. This official map is a supplement to and shall be used in conjunction with the flood insurance rate map (FIRM).

Flood insurance. The insurance coverage provided under the National Flood Insurance Program (NFIP).

Flood insurance rate map (FIRM). The official map of a community, issued by the FEMA, on which both the special flood hazard areas and the risk premium zones applicable to the community are delineated. (See also DFIRM.)

Flood insurance study. The engineering study performed by the Federal Emergency Management Agency to identify flood hazard areas, flood insurance risk zones, and other flood data in a community. The study includes flood boundary and floodway maps (FBFMs), flood hazard boundary maps (FHBMs), and/or flood insurance rate map (FIRMs). The flood insurance study also includes preliminary or draft flood data released by the Federal Emergency Management Agency that is not yet final.

Flood prone area. See "floodplain."

Flood proofing. Any combination of structural and nonstructural additions, changes, or adjustments to structures, which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitation facilities, or structures with their contents.

Flood protection elevation (FPE). Elevation of the highest flood, including freeboard that a retrofitting method is intended to protect against.

Flood zone. A geographical area shown on a flood hazard boundary map or a flood insurance rate map that reflects the severity or type of flooding in the area.

Floodplain. Any land area susceptible to being inundated by flood waters from any source.

Floodplain administrator. The individual appointed to administer and enforce the floodplain management regulations.

Floodplain development permit. Any type of permit that is required in conformance with the provisions of this chapter, prior to the commencement of any development activity.

Floodplain management. The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

Floodplain management regulations. This chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power. This term describes federal, state or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage.

Flood-resistant material. Any building product [material, component or system] capable of withstanding direct and prolonged contact (minimum seventy-two (72) hours) with floodwaters without sustaining damage that requires more than low-cost cosmetic repair. Any material that is water-soluble or is not resistant to alkali or acid in water, including normal adhesives for above-grade use, is not flood-resistant. Pressure-treated lumber or naturally decay-resistant lumbers are acceptable flooring materials. Sheet-type flooring coverings that restrict evaporation from below and materials that are impervious, but dimensionally unstable are not acceptable. Materials that absorb or retain water excessively after submergence are not flood-resistant.

Floodway. The channel of a river or other watercourse, including the area above a bridge or culvert when applicable, 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 (1) foot.

Floodway, regulatory (also referred to as Subdistrict A). The channel and adjacent land areas that must be reserved in order to discharge the 100-year flood (base flood) without cumulatively increasing the water surface elevation more than two-tenths ( 2/10 ) of one (1) foot.

Floodway encroachment analysis. An engineering analysis of the impact that a proposed encroachment into a floodway or non-encroachment area is expected to have on the floodway boundaries and flood levels during the occurrence of the base flood discharge. The evaluation shall be prepared by a qualified North Carolina licensed engineer using standard engineering methods and models.

Freeboard. The height added to the BFE to account for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, blockage of bridge or culvert openings, and the hydrological effect of urbanization of the watershed. The BFE plus the freeboard establishes the regulatory flood protection elevation.

Floor area. The total floor area of a building or group of buildings used for residential purposes shall be the cumulative total of all floor areas used for residential purposes exclusive of garage, basement and attic areas that are not equipped for human occupancy. For the purpose of applying requirements for off-street parking, the term "floor area" shall mean the gross floor area within the outside dimensions of a building including each floor level, halls, lobbies and stairways. It shall not include floor space within the building reserved for parking or loading vehicles and unimproved basement space or separate spaces used only for building maintenance and utilities or exterior features for the building, such as stairs, porches, walkways and other similar exterior features.

Floor area ratio (FAR). The ratio of building area to parcel area. Floor area ratio is a measure of non-residential land use intensity.

Forest. A woodland area used for growing trees, harvesting timber or replanting trees in accordance with a management plan endorsed by the N.C. Division of Forest Resources.

Fortune telling, clairvoyant, psychic. A use involving the foretelling of the future in exchange for financial or other valuable consideration. It includes the foretelling through astrology, augury, card or tea reading, cartomancy, clairvoyance, clairaudience, crystal gazing, divination, magic mediumship, necromancy, palmistry, psychometry, phrenology, prophecy, spiritual reading or similar means. It does not include forecasting based upon historical trends or patterns, religious dogma or patterns or any previously listed arts when presented in an assembly of people who purchase tickets or means in exchange for the purpose of the presentation at a site licensed for such purpose. For the purposes of regulating this LDC, this use is only permitted in the areas of the ETJ, which are in Edgecombe County; this use is prohibited in the city limits and in the areas of the ETJ which are in Nash County.

Frontage. See definition of lot frontage.

Frontage road. A street, parallel to and adjacent to a major highway or arterial that provides access to abutting properties.

Funeral home. A building used in the preparation of the deceased for burial or cremation. Also a facility where funeral services are held, funeral vehicles are stored, and caskets and other funeral supplies are sold.

Garage apartment. A dwelling unit for one (1) family erected in or above a private garage.

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

Garage, public. Any garage other than a private garage, available to the public, used for the care, servicing, repair or equipping of automobiles or where such vehicles are parked or stored for remuneration, hire or sale.

Garage sale (also referred to as yard sale). The temporary, occasional sale of tangible personal property at retail from a private residence or other permitted location.

Gasoline or filling stations. That portion of any land, including structures, where flammable and combustible liquids used as motor fuels are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles and that may include facilities for lubricating, washing, cleaning or servicing motor vehicles, including the sale of minor automotive accessories. Major vehicle repair including the painting of motor vehicles is prohibited.

Gate. A door or other device attached to a fence which, when opened, provides a means of ingress and egress of persons and things for which it was intended, and which, when closed, forms a continuous barrier and screen as a part of the fence in which it is attached.

Gated community. A development with a gated entryway approved and permitted by this LDC.

General distress. An array of socioeconomic conditions, other than poverty and unemployment that support the conclusion of adverse trends or declining stability of an area. Distress indicators may include deteriorating and/or abandoned housing stock, high or rising crime rates, low level of investment/reinvestment, lower property tax rate per capita, and others.

Grade. Grade may have either of the following meanings.

A.

The top surface elevation of lawns, walks, drives or other improved surface after completion of construction or grading operation.

B.

The slope of a street, drainage facility, sanitary sewer, etc., expressed in terms of percent.

Gross floor area. The area within the inside perimeter of the exterior walls with no deduction for corridors, stairs, closets, thickness of walls, columns or other features, exclusive of areas open and unobstructed to the sky.

Gross tract area or gross acreage. The total area of a project including rights-of-way, open space, and dedicated public properties.

Ground cover. Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion.

Group care facility. An establishment qualified for a license by the State of North Carolina for provision of resident services to more than six (6) but not more than twenty-five (25) residents who are physically disabled, mentally retarded, developmentally disabled, persons recuperating from alcohol or drug related problems, persons adjusting to society as an alternative to imprisonment and persons recuperating from mental or emotional illness. This definition shall not include mentally ill persons who are dangerous to others. "Dangerous to others" means that within the recent past, the individual has inflicted, or attempted to inflict, or threatened to inflict serious bodily harm on another, or has acted in such a way as to create a substantial risk of serious bodily harm to another, or has engaged in extreme destruction of property; and that there is a reasonable probability that the conduct will be repeated. Previous episodes of dangerousness to others, when applicable, may be considered when determining reasonable probability of future dangerous conduct. Professionals or paraprofessionals providing assistance to the occupants shall be allowed in addition to the maximum occupancy.

Group home for developmentally disabled adults. A home with support and supervisory personnel that provides room and board, personal care and habilitation services in a family environment for two (2) to nine (9) adults who are developmentally disabled and who have or can develop self-help skills, are ambulatory, and are able to participate in activities in the community.

Habitable floor. Any floor usable for living purposes, which includes working, sleeping, eating, cooking, or recreation, or a combination thereof. A floor used only for storage is not a "habitable floor."

Handicapped person. 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 impairment, emotional disturbance and orthopedic impairments, but not including mentally ill persons who are dangerous to others as defined in state law (N.C.G.S. § 122-58.2(1) b.).

Hazardous material or hazardous waste. Materials, or mixtures containing those materials, which pose a physical, environmental or health hazard by virtue of their carcinogenic, corrosive, highly toxic, irritant, sensitizing or toxic properties as defined in 29 CFR 1910.1200. Included in this definition are materials included in EPA's most recent priority pollutants list and substances which are regulated, or caused to be regulated, under provisions of the Resource Conservation and Recovery Act (RCRA); the Comprehensive Emergency Response, Compensation and Liability Act (CERCLA); the Superfund Amendments and Reauthorization Act (SARA); or any subsequent amendments of these Acts. For the purposes of this LDC, hazardous materials shall include hazardous wastes, which are the byproducts resulting from the use of hazardous materials, materials which have been used to clean up spills of hazardous materials, and hazardous materials which have reached their shelf-life or have been used or contaminated. Also included in this definition are hazardous wastes regulated, or caused to be regulated by the Resource Conservation and Recovery Act (40 CFR 261, Subpart C and Subpart B).

Hazardous waste management facility. As defined in G.S. § 130A, Article 9, a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste.

Helistop. An area of land, water, or structural surface designed for discharge or pickup of passengers or cargo from or by helicopters, but excluding field service or maintenance.

High quality water (HQW) zones. Areas that are within one (1) mile and drain to HQW's.

High quality waters. Those classified as such in 15A NCAC 02B.0224, which is herein incorporated by reference including subsequent amendments and additions.

Highest adjacent grade (HAG). The highest natural elevation of the ground surface, prior to construction, immediately next to the proposed walls of the structure.

Historic district. Refers to a contiguous locally designated zoning overlay district as adopted by city council. Such a district must have a concentration of properties that are historically, visually, or culturally related by plan or development and significant to the history of the city.

Historic landmark. Refers to a locally designated building, structure, site, or area as adopted by city council. Such a landmark must represent important aspect to the heritage and character of the community and that its protection enriches all the community's residents.

Historic preservation planner. Refers to the city's historic preservation planner.

Historic structure. A structure that is:

(1)

Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the 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 designated as a historic landmark; or

(4)

Certified as contributing to the historical significance of a historic district.

Home for the aged. A boardinghouse with more than six (6) beds meeting all of the requirements of the State of North Carolina for the boarding and care of persons who are not critically ill and who do not need regular professional medical attention.

Home occupation. Any occupation, profession, trade, or business carried on by the permanent inhabitants of their residential dwelling which is clearly incidental and secondary to the use of the dwelling for residential purposes; which does not change the character or visual appearance of the outside of the building or premises; and which is conducted entirely within the primary dwelling.

Hospital. An institution providing health services, primarily for in-patients, and medical or surgical care of the sick or injured, including as an integral part of the institution such related facilities as laboratories, out-patient department, training facilities, central service facilities and staff offices.

Hotel. A building or group of buildings under one (1) ownership containing six (6) or more sleeping rooms occupied, intended or designed to be occupied as the more or less temporary abiding place of persons who are lodged with or without meals for compensation.

Improvements. Includes, but is not limited to, the following: addition of any building, accessory building, parking area, loading area, installation of utilities, fence, wall, hedge, lawn or mass planting (except to prevent soil erosion) to a lot or parcel of property.

Industrial development. Any nonresidential development for the purpose of manufacturing, assembly, finishing, cleaning or developing any product or commodity.

Industry. A use engaged in the processing of raw materials or the manufacture of materials or products.

Institutional structure. A building or use owned and operated by a government unit or federally designated nonprofit organization for the purpose of providing community support activities. This institutional structure must meet the North Carolina Building Code regulations.

Intermittent stream. A watercourse that collects surface runoff and a) is shown as a dashed blue line on the most recent USGS 7.5 minute quadrangle topographic maps or is shown as an intermittent stream on maps in the most recent US Department of Agriculture Soil Survey of Edgecombe or Nash County, North Carolina, as applicable; and b) drains an area greater than twenty-five (25) acres. Where a USGS topographic map and the Soil Survey map show a difference in stream type for a particular reach of stream, the map that offers the greater stream protection shall apply.

Junk. 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 being dismantled and salvaged.

Junkyard, including automobile wrecking. See definition of salvage yard.

Kennel, commercial. Any lot or premises on which four (4) or more dogs, cats, or other domestic animals, more than six (6) months of age, are kept and/or any commercial establishment engaged in boarding, breeding, buying, selling, grooming or training of pet animals.

Kennel operations, care. A commercial operation in which dogs, cats or other domestic animals are raised and/or maintained. This definition is not intended to include operations in which the primary function is veterinary care (animal medical care), nor is it intended to include the housing of animals for recreation or sporting use.

Laboratory. A building or part of a building devoted to the testing and analysis of any product or animal (includes humans) and/or which provides bacteriological, biological, medical, prosthetics, X-ray, pathological and similar analytical or diagnostic services to doctors or dentist. No manufacturing is conducted on the premises except for experimental or testing purposes.

Lake or natural watercourse. Any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary, and any reservoir, lake or pond, natural or impounded in which sediment may be moved or carried in suspension, and which could be damaged by accumulation of sediment.

Land Development Code. Refers to this LDC as recommended by the planning board and adopted by city council.

Land-disturbing activity. Any use of the land by any person in residential, industrial, educational, institutional, or commercial development, highway and road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation.

Landfill. A facility for the disposal of solid waste on land in a sanitary manner in accordance with N.C.G.S. Chapter 130A, Article 9. For the purpose of this ordinance this term does not include composting facilities.

Landfill, construction/demolition (C&D). A facility solely for the disposal of construction, remodeling, repair, or demolition operations on pavement, building, or other structures.

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

Landfill, land clearing—Inert debris (LCID). A facility for the disposal of land clearing waste, concrete, brick, concrete block, uncontaminated soil, gravel and rock, untreated and unpainted wood, and yard trash.

Landfill, municipal solid waste landfill facility (MSWLF). A discrete area of land or an excavation that receives household waste, other types of RCRA Title D wastes, such as commercial solid waste, nonhazardous sledge and industrial solid waste as defined in the Federal Register 40 CFR Parts 257 and 258.

Landowner or owner. The holder of the title in fee simple.

Landscape plan. A portion of a site plan that graphically illustrates the locations of landscape features including materials and specifications of plant materials, fencing, screening and ground form. This includes spot elevations, details, plant material quantity, common and botanical names, and minimum sizes.

Landscaped/planting area. An area (including bufferyards) in which plants required by this LDC are located, which contains no impervious surfaces except for fences, walls, and benches, and as specifically provided by this LDC.

Landscaping. Plant material, including, but not limited to, grass, trees, shrubs, flowers, vines and other ground covers, native trees and shrubs, natural land forms, water forms, planters, other landscape features, such as decorative rock or bark, walks and plaza areas consisting of enhanced paving. The use of walks and plaza areas with enhanced paving shall not dominate the use of live plant materials. Artificial plant material shall not be considered landscaping.

Legislative decision. The adoption, amendment, or repeal of a regulation.

Legislative hearing. A hearing to solicit public comment on a proposed legislative decision.

Letter of map change (LOMC). An official determination issued by FEMA that amends or revises an effective flood insurance rate map or flood insurance study. Letters of map change include:

(a)

Letter of map amendment (LOMA). An official amendment, by letter, to an effective National Flood Insurance Program map. A LOMA is based on technical data showing that a property had been inadvertently mapped as being in the floodplain but is actually on natural high ground above the base flood elevation. A LOMA amends the current effective flood insurance rate map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.

(b)

Letter of map revision (LOMR). A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.

(c)

Letter of map revision based on fill (LOMR-F). A determination that a structure or parcel of land has been elevated by fill above the BFE and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

(d)

Conditional letter of map revision (CLOMR). A formal review and comment as to whether a proposed project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective flood insurance rate map or flood insurance study; upon submission and approval of certified as-built documentation, a letter of map revision may be issued by FEMA to revise the effective FIRM.

Level, floor. The bottom portion, inclusive of horizontal sills, of the first living floor of a structure intended for occupancy.

Light duty truck. Any motor vehicle rated at eight thousand five hundred (8,500) pounds gross vehicular weight rating or less which has a vehicular curb weight of six thousand (6,000) pounds or less and which has a basic vehicle frontal area of forty-five (45) square feet or less as defined in 40 CFR 86.082-2 and is:

(a)

Designed primarily for purposes of transportation of property or is a derivation of such a vehicle; or

(b)

Designed primarily for transportation of persons and has a capacity of more than twelve (12) persons; or

(c)

Available with special features enabling off-street or off-highway operation and use.

Loading area. An area which contains trash collection areas or dumpsters, outdoor loading and unloading spaces, docks, outdoor shipping and receiving areas, outdoor bulk storage of materials or parts thereof, and/or outdoor repair areas of any business.

Local government. Refers to the City of Rocky Mount, North Carolina.

Lot. A portion of a subdivision, or any other parcel of land, as defined boundaries in single ownership set aside for separate use or occupancy, recorded as such in the Edgecombe or Nash County Register of Deeds, and intended as a unit for transfer or ownership or for construction or development. The word "lot" shall include words "plot," "parcel," or tract."

A.

Corner lot. Any parcel of land having frontage on more than one (1) street (road) which abuts an intersection of those streets (roads).

B.

Double frontage lot. A lot other than a corner lot abutting upon two (2) or more streets.

C.

Interior lot. A lot that has only one (1) dimension or portion of a lot abutting on a street.

Lot, legal.

A.

A lot that is shown on a subdivision plat that has been approved by the city and recorded in the office of the county register of deeds; or

B.

Any parcel of land created prior to the effective date of this LDC that has been recorded in the office of the county register of deeds, provided than such lot meets all of the following standards:

1.

The lot complied with all applicable lot area standards in effect at the time of recording; and

2.

The lot has access to a public street or a private street built to standards acceptable to the director of public works; and

3.

The lot is located such that no public dedication is required for utility easements or street rights-of-way based on the street classification plan in the city's current comprehensive plan.

Lot area. The parcel of land enclosed within the boundaries formed by the property lines, plus one-half (½) of any alley abutting the lot between the boundaries of the lot, if extended.

Lot depth. The depth of a lot, for the purpose of this appendix, is the distance measured in the mean direction of the side lines of the lot from the midpoint of the front line to the midpoint of the opposite lot line.

Lot coverage. That portion of a lot which, when viewed directly from above, would be covered by a building or any part of a building, however, for the purposes of computing a height factor, any portion of such building covered by a roof which qualifies as an open space, or any terrace, balcony, breezeway or porch, or portion thereof not included in the floor area of a building, shall not be included in lot coverage.

Lot frontage. All property abutting on one (1) side of a street right-of-way measured at the street line.

Lot lines. The lines bounding a lot (parcel of land) as defined herein.

Lot line, front.

A.

If a lot has one (1) property line that is coterminous with a street right-of-way line, such line shall constitute the front lot line;

B.

If a lot has two (2) property lines which are also street right-of-way lines and those two (2) property lines form an angle between eighty (80) degrees and one hundred (100) degrees, the front lot line shall be the property line that the primary building faces;

C.

If a lot is not encompassed by provision (a) or (b) and no front property line is designated on the final plat, the front property line shall be designated by the board of adjustment.

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

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

Lot of record. A lot, a plat or a map which has been recorded in the office of the registrar of deeds of Nash or Edgecombe County, or a lot described by metes and bounds, the description of which has been recorded in one (1) of the aforementioned offices.

Lot width. The distance between the side property lines along the front minimum building line as specified in the table of area, yard and height requirements.

Lowest adjacent grade (LAG). The elevation of the ground, sidewalk or patio slab immediately next to the building, or deck support, after completion of the building.

Lowest floor. 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 limited 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 non-elevation design requirements of this chapter.

Manufactured dwelling unit. A relocatable living unit manufactured off-site and transported, on an independent carrier unit, to a permanent site that has been constructed in accordance with an "engineering bulletin" issued by the Office of Technical Standards, Department of Housing and Urban Development, Washington, D.C. A single-family home constructed in accordance with the standards set forth in the North Carolina State Building Code and composed of components substantially assembled in a manufacturing plant and transported to the site for final assembly on a permanent foundation.

Manufactured home lot. That part of a manufactured home park designed for the accommodation of one (1) mobile home.

Manufactured home subdivision. A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

Manufactured housing, residential-design. A manufactured home shall generally be defined as a dwelling unit that meets all of the following criteria:

A.

Is composed of one (1) or more components, each of which was substantially assembled in a manufacturing plant and designed to be installed or assembled on the building site;

B.

Exceeds thirty-two (32) feet in length and eight (8) feet in width;

C.

Is not constructed in accordance with the standards of the North Carolina Uniform Residential Building Code (this criterion excludes modular homes from classification as manufactured homes); and,

D.

Is designed for permanent residential use (this criterion excludes recreational vehicles that are not designed to be used as permanent housing).

A manufactured home is further defined as being one (1) of the following types:

A.

Type A: HUD-code manufactured homes (includes all manufactured homes built after June 14, 1976 that meet or exceed the construction standards established by the U.S. Department of Housing and Urban Development), which also meet or exceed the following criteria:

1.

A minimum roof pitch of 3.5/12, finished with materials commonly used in standard residential construction;

2.

A minimum width of twenty (20) feet (no single-wide units);

3.

Exterior siding which is comparable to that used in standard residential construction, such as vinyl or aluminum lap siding, cedar or other wood siding, wood grain, stucco siding, etc.;

4.

Towing apparatus, wheels, axles and transporting lights removed;

5.

The longest axis oriented parallel or within a ten (10) degree deflection of being parallel to the lot (or approved space) frontage (see waiver provision for parks in planned building group regulations);

6.

A continuous, permanent masonry foundation or masonry curtain wall, unpierced except for required ventilation and access, installed prior to issuance of a certificate of occupancy.

B.

Type A-1: HUD-code manufactured homes (includes all manufactured homes built after June 14, 1976 that meet or exceed the construction standards established by the U.S. Department of Housing and Urban Development), which also meet or exceed the following criteria:

1.

A minimum roof pitch of 3.5/12, finished with materials commonly used in standard residential construction;

2.

A minimum width of twelve (12) feet;

3.

Exterior siding which is comparable to that used in standard residential construction, such as vinyl or aluminum lap siding, cedar or other wood siding, wood grain, stucco siding, etc.;

4.

Towing apparatus, wheels, axles and transporting lights removed;

5.

The longest axis oriented parallel or within a ten (10) degree deflection of being parallel to the lot (or approved space) frontage (see waiver provision for parks in planned building group regulations);

6.

A continuous underpinning unpierced except for required ventilation and access, installed prior to issuance of a certificate of occupancy. Underpinning materials shall be designed and/or adapted for specific use as manufactured home skirting, shown to be durable and architecturally resemble masonry. These products would include thermoplastic products with a minimum nominal gauge of 0.60 inches. All products must be installed in accordance with the manufacturer's instructions.

C.

Type B: HUD-code manufactured homes (includes all manufactured homes built after June 14, 1976 that meet or exceed the construction standards established by the U.S. Department of Housing and Urban Development), which also meet or exceed the following:

1.

A minimum width of twelve (12) feet;

2.

Exterior siding which is comparable to that used in standard residential construction, such as vinyl or aluminum lap siding, cedar or other wood siding, wood grain, stucco siding, etc.;

3.

Towing apparatus, wheels, axles and transporting lights removed;

4.

The longest axis oriented parallel or within a ten (10) degree deflection of being parallel to the lot (or approved space) frontage (see waiver provision for parks in planned building group regulations);

5.

Continuous skirting or curtain wall, unpierced except for required ventilation and access, made of material designed and/or adapted for specific use as manufactured home skirting. Vinyl products shall have a minimum nominal gauge of 0.44 inches. All products shall be installed in accordance with manufacturer's instructions, and be installed prior to issuance of a certificate of occupancy.

D.

Type C: A standard HUD-code manufactured home, without additional design criteria. Skirting for a Type C unit must be made of material designed and/or adapted for specific use as manufactured home skirting.

E.

Type D: All manufactured units not meeting the standards of a Type A, A-1, B, or C unit as described herein (includes pre-HUD code units).

Manufacturing, heavy. The processing of raw materials such as lumber, metals, food products or petroleum; or the assembly, fabrication or processing of goods that have impacts on adjacent properties; or uses that require large amounts of outside storage or equipment.

Manufacturing, research related. The assembly or fabrication of products where scientific research comprises a significant component of the value added by manufacture for each unit of product. This definition includes but is not limited to, electronic products, pharmaceuticals, computer equipment, scientific equipment, optical equipment, precision instruments, medical equipment, and communications equipment. Heavy manufacturing is not included in this definition.

Market value. The building value, not including the land value and that of any accessory structures or other improvements on the lot. Market value may be established by independent certified appraisal; replacement cost depreciated for age of building and quality of construction (actual cash value); or adjusted tax assessed values.

Mean sea level. For floodplain management purposes, the North American Vertical Datum (NAVD) as corrected in 1988, to which base flood elevations (BFEs) shown on a DFIRM are referenced. North Carolina uses NAVD 1988.

Minimum building line (minimum setback). A line parallel to the street right-of-way line which establishes the minimum allowable distance between the nearest portion of any building, excluding the outmost three (3) feet of any uncovered porches, steps, eaves, gutters and similar fixtures, and the street right-of-way line, when measured perpendicularly thereto, such minimum distance from the street right-of-way line as specified in the "table of area, yard and height requirements."

Minimum design criteria. Refers to the requirements set forth by 15A NCAC 02H for siting, site preparation, design and construction, and post-construction monitoring and evaluation necessary to issue stormwater permits that comply with state water quality standards adopted pursuant to N.C.G.S. § 143-214.1.

Modular structure. A single-family home or commercial structure constructed in accordance with the standards set forth in the North Carolina State Building Code and composed of components substantially assembled in a manufacturing plant and transported to the site for final assembly on a permanent foundation.

Monuments, legal marking. Permanent markers properly located as required in these regulations for the location and identification on the site of reference points in the subdivision, such as but not limited to: corners of the subdivision, corners of the block, radius points for street curvature, etc.

Motel. A group of attached or detached buildings containing individual sleeping units where a majority of such units open individually and directly to the outside and where a garage is attached to or a parking space is conveniently located to each unit all for the temporary use of automobile tourists.

Museum. An establishment operated as a repository or a collection of nature, scientific or literary curiosities or objects of interest or works or art, not including the regular sale or distribution of the objects collected.

Multifamily development. See Dwelling, multifamily. A single building on a single lot or tract containing more than five (5) dwelling units.

National Flood Insurance Program (NFIP). The NFIP is a federal program enabling property owners in participating communities to purchase insurance protection against losses from flooding. This insurance is designed to provide an insurance alternative to disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused by floods. Participation in the NFIP is based on an agreement between local communities and the federal government that states if a community will adopt and enforce a floodplain management ordinance to reduce future flood risks to new construction in special flood hazard areas, the federal government will make flood insurance available within the community as a financial protection against flood losses.

National register of historic places. The national list of districts, sites, buildings, structures and objects significant in American history, architecture, archeology, engineering or culture, maintained by the secretary of the interior under authority of the National Historic Preservation Act, as amended.

Natural erosion. The wearing away of the earth's surface by water, wind, or other natural agents under natural environmental conditions undisturbed by man.

New construction. For floodplain management purposes, a structure for which the "start of construction" date is on or after the effective date of the floodplain protection zoning overlay and includes any subsequent improvements to such structures. This shall include without limitation manufactured homes.

Nonconforming building. Any building legally existing prior to the effective date hereof, which fails to comply with the provisions of this LDC.

Nonconforming lot. In any district in which a legal lot (as defined in Chapter 11 [§ 102] of this LDC) exists of record on the effective date of adoption or amendment of this LDC that does not conform in size or area to the provisions of this LDC, buildings for the uses permitted in such district may be erected on such lot, notwithstanding limitations imposed by other provisions of the LDC; provided that such lot is in separate ownership and not of continuous frontage with other lots in the same ownership.

Nonconforming use. Any use legally existing prior to the effective date hereof, which fails to comply with the provisions of this LDC.

Non-encroachment area (NEA). The channel of a river or other watercourse, including the area above a bridge or culvert when applicable, 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 (1) foot as designated in the flood insurance study report.

Nursing home. A convalescent facility having over six (6) beds meeting all of the requirements of the State of North Carolina for the boarding and care of persons who cannot care for themselves.

Office. A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products.

Offsite improvements. Any utility, structure, street, drainage area or modification of topography located outside the property to be subdivided.

Open space. Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual or home owners association. Public open space is open space owned by a governmental jurisdiction.

Ordinary maintenance and repairs. Any work on which a building permit or any other city permit or certificate is not required and where the purpose is stabilization, and further, where such work is not inconsistent with the findings of the board regarding a historic structure or the findings of the city council applicable to a historic district. Work not satisfying all of the above requirements shall not be considered ordinary maintenance and repair. The application of paint to previously unpainted brick or masonry, the construction or enlargement of a driveway or parking area, the replacement of exterior doors or windows, except for repairs of broken glass or screens or by use of like glass or screens, shall not be considered ordinary maintenance or repair.

Outdoor storage. The temporary or permanent warehousing, displaying inventory, equipment, or other items not within the confines of a building.

Outparcel. Individual sites in a shopping center, either leased or subdivided. The total square footage of all outparcels must be less than the total square footage of all attached spaces in the shopping center. Generally, outparcel traffic circulation is internal to the shopping center.

Overlay district: A specifically defined area that may be added to the zoning map on a case-by-case basis, enhancing or restricting specified underlying base district uses and regulations. Overlay districts permit activities that are compatible with the purposes of the zoning LDC and are consistent with the city's comprehensive plan, but which are not permitted by the regulations established for the underlying zoning districts.

Parent. A person who is either the birth or adopted mother or father, the court appointed legal guardian or the person who directly, or indirectly through one (1) or more intermediaries, lawfully controls the other person.

Permittee. Any person to whom a permit is issued under the provisions of this LDC.

Perennial stream, waters or watercourse. A watercourse that collects surface runoff and is a) shown as a solid blue line on the most recent USGS 7.5 minute quadrangle topographic maps or is shown as a perennial stream on maps in the most recent US Department of Agriculture Soil Survey of Edgecombe or Nash County, North Carolina, as applicable, and b) drains an area greater than twenty-five (25) acres. Where a USGS topographic map and the Soil Survey map show a difference in stream type for a particular reach of stream, the map that offers the greater stream protection shall apply.

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

Person conducting land-disturbing activity. Any person who may be held responsible for a violation unless expressly provided otherwise by this LDC.

Person responsible for the violation. As used in LDC:

A.

The developer or other person who has or holds himself out as having financial or operational control over the land-disturbing activity; or

B.

The landowner or person in possession or control of the land when he has directly or indirectly allowed the land-disturbing activity or has benefited from it or he has failed to comply with any provision of this LDC.

Pervasive poverty. A level of poverty either exceeding twenty (20) percent for a period of two (2) or more consecutive decennial censuses or where the poverty level demonstrates an increased rate of poverty as compared to the previous decennial census.

Poverty. The percentage of persons living in poverty as a percentage of the total population of the area, as defined by the U.S. Census Bureau.

Phase of grading. One (1) of two (2) types of grading, rough or fine.

Planned building group. Refers to any of the following projects:

A.

A residential project containing nine (9) or more attached dwelling units (e.g. apartments);

B.

A residential project with attached dwelling units for individual ownership (e.g. townhouses);

C.

A commercial and/or office-institutional project located within a PDR, MA, O-I, B-1, B-2, B-4 or B-5 zoning district involving the construction of one (1) or more buildings containing a combined total of ten thousand (10,000) square feet or greater;

D.

A commercial and/or office-institutional project within a PDR, MA, O-I, B-1, B-2, B-4 or B-5 zoning district involving the construction of three (3) or more buildings regardless of project size;

E.

A commercial and/or office-institutional project located within a B-3 zoning district regardless of project size and building number;

F.

A formally approved non-planned building group project for which new structures are added to the site and/or the cumulative addition of ten thousand (10,000) square feet or greater is obtained on the site.

G.

Institutional uses such as childcare centers, churches, schools, and similar institutional uses, regardless of the zoning district, involving the construction of one (1) or more building containing a combined total of ten thousand (10,000) square feet gross floor area or greater;

H.

A commercial and/or office-institutional project within a B-2 or B-5 zoning district located within the Central City Area;

I.

A college or university;

J.

A manufactured home park.

Planned density residential development. The development of property, which allows the mixing of residential and commercial, and other uses within the PDR zoning district.

Planning board. The planning board of the city, appointed by the city council and county commissioners (Edgecombe and Nash Counties) for the following purposes:

A.

To develop and recommend long-range development plans and policies, and

B.

To advise the city council in matters pertaining to current physical development and zoning for the city's planning jurisdiction.

Plat. A map or chart indicating the subdivision or re-subdivision of land, intended to be filed for record.

A.

Final plat. A map of land subdivision prepared in a form suitable for filing of record with necessary affidavits, dedications and acceptances, and with complete bearings, angles, and dimensions of all lines defining blocks, lots, rights-of-way, easements, public areas, and other dimensions of land as required in these regulations.

B.

Preliminary plat. A preliminary drawing which shows the proposed layout of a subdivision in sufficient detail to indicate unquestionably its workability in all aspects, but is not in final form for recording and the details of which are not completely computed.

C.

Sketch plat. A plat of a proposed subdivision indicating, in general, the area to be subdivided, the street layout, lots and blocks and the general nature of improvements.

Post-FIRM means construction or other development for which the "start of construction" occurred on or after May 1, 1978, the effective date of the initial flood insurance rate map.

Pre-existing encroachment. Development that was allowed to be placed prior to being designated in the floodway, such as a parking lot, land previously used for farming and landscaped areas.

Pre-FIRM means construction or other development for which the "start of construction" occurred before May 1, 1978, the effective date of the initial flood insurance rate map.

Preservation. The act or process of applying measures to sustain the existing form, integrity and material of a building or structure, and the existing form and vegetative cover of a site. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials.

Principal building. A building in which is conducted the principal use of the lot on which it is situated. In any district any dwelling shall be deemed a principal building on the lot on which it is situated.

Principally above ground. That at least fifty-one (51) percent of the actual cash value of the structure is above ground.

Private club. Any association, person, firm, partnership or corporation, key club, bottle club, locker club, pool club, or any other kind of club or association excluding the general public from its premises or place of meeting or congregating or operating or exercising control over any other place where persons are permitted to drink alcoholic beverages other than in private homes.

Processing. Any operation changing the nature of a material or a material's chemical composition or physical properties; does not include operations described as fabrication.

Project area. The entirety of the proposed development area minus the existing built-upon area.

Property. All real property subject to land use regulation and any improvements or structures customarily regarded as part of real property.

Protected area. The area adjoining and upstream to the critical area in which protection measures are required. The boundaries of the protected area extend five (5) miles upstream from the critical area, or to the boundary of the city's extraterritorial jurisdiction (whichever comes first). The protected area also extends to the ridgeline of the watershed.

Protected ground area. The landscaped/planting area within which no encroachment may occur.

Public safety and/or nuisance. For floodplain management purposes, means anything which is injurious to the safety or health 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.

Public water system or public sewer system. Any such system built and owned by, or dedicated to and accepted by a governmental agency; all other such systems are private.

Quasi-judicial decision. A decision involving the finding of facts regarding a specific application of development regulation. Quasi-judicial decisions include, but are not limited to, decisions involving variances, special use permits, certificates of appropriateness, and appeals of administrative determinations.

Railroad yard operations. A facility containing a network of railroad tracks, buildings, structures, roadways or equipment for the storage, movement, maintenance, transfer and transloading of cars, containers, freight, shipments or other property and other activities ancillary to rail transportation or multi-modal terminal operations.

Recreational vehicle. A motorized or towable vehicle that combines transportation and temporary living quarters for travel, recreation and camping. RVs do not include mobile homes, off-road vehicles, snowmobiles and conversion vehicles. RVs are sold by recreation vehicle dealers.

Recreational vehicle park. A lot or parcel of land which is occupied or designed for occupancy by transient persons using recreational vehicles as temporary living quarters for recreation or vacation purposes. A "recreational vehicle park" shall not include a manufactured housing or manufactured home lots.

Reference level. The top of the lowest floor for structures within special flood hazard areas designated as zones A, AE, AH, AO, A99. The reference level is the bottom of the lowest horizontal structural member of the lowest floor for structures within special flood hazard areas designated as zone VE.

Regulatory flood protection elevation. The base flood elevation plus the freeboard. In special flood hazard areas where base flood elevations (BFEs) have been determined, this elevation shall be the BFE plus one (1) foot freeboard). In special flood hazard areas where no BFE has been established, this elevation shall be at least one (1) foot above the highest adjacent grade.

Remedy a violation. To bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the floodplain protection zoning overlay or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.

Restaurant. An establishment open to the general public for which the principal use is food service which includes food preparation and food ordering and which meets the following criteria for either on-premises or off-premises food consumption:

A.

On-premises food consumption.

1.

The establishment provides a dining area for seating customers.

2.

The establishment provides table bussing and table cleaning services.

3.

The establishment provides attendant (waiter/waitress), food delivery services, self-service from a buffet table(s) or service from a cafeteria line.

4.

The establishment provides food service for consumption by patrons in automobiles in the parking lot of the establishment or other dedicated areas contiguous or adjacent to the food preparation structure.

5.

The establishment does not require a membership, cover charge or minimum charge for admittance or service during regular or special hours of operation.

6.

The establishment may have a full service bar for serving alcoholic beverages as an ancillary or accessory use provided that the bar is open to restaurant patrons and is limited to the hours of operation for the serving of food.

7.

The establishment may have live or recorded amplified music or televised entertainment as an ancillary or accessory use provided that these services are limited to the hours of operation for the serving of food.

8.

The establishment may have a performance area inside only for live entertainment, floor shows, or dancing which is open to restaurant patrons and limited to the hours of operation for the serving of food; and provided further that the occupancy limits set forth in the building code do not exceed the limits for food service restaurants.

B.

Off-premises food consumption. The establishment offers carry-out, off-site delivery, drive-through takeout food service, or over-the-counter ordering and takeout food service.

C.

Exclusions. The following are not considered a "restaurant" as defined herein:

1.

Ancillary or accessory food service for a permitted principal use where the food service is open to the general public such as an employee and/or patron cafeteria or eating area.

2.

Temporary food service as part of permitted temporary uses such as carnivals, fairs, street fairs, circuses, athletic events, concerts, non-profit fundraising events, emergency shelters and the like; or

3.

Any establishment where the preparation of food is merely incidental to the sale of food such as grocery stores or food markets.

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

Retirement facility. Residential facilities providing housing and some degree of food service and may also provide individual assistance with some medical needs or housekeeping. The facility may also provide recreational facilities and some personal service shops such as a bank or barber shop, in which ninety (90) percent of the occupied dwelling units are occupied by at least one (1) elderly person (sixty (60) years of age or older) with the following exceptions:

A.

A spouse under sixty (60) years of age married to and living with an occupant over that age.

B.

A spouse under sixty (60) years of age who remains a resident following removal of the spouse over the age of sixty (60) by reason of death, divorce, or medical care needs.

C.

Children or stepchildren of an occupant aged sixty (60) or older residing in the same household as the occupant aged sixty (60) or over.

D.

Children or stepchildren of an occupant aged sixty (60) or older who remain as residents following removal of the parent aged sixty (60) or older by reason of death, divorce or medical care needs.

E.

Adults of any age who are related to, employed by, or on the basis of friendship, desire to live with an occupant who is sixty (60) years of age or older.

Right-of-way. A parcel of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water line, sanitary sewer, drainage channel, storm sewer facility, or for other special use. The use of the term right-of-way for land platting purposes in connection with these regulations shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels. Rights-of way intended for any use involving maintenance by a public agency shall be dedicated to public use by the subdivider on which such right-of-way is established. The width of rights-of-way shall be measured as the shortest distance between the abutting property lines.

Riverine. Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Roofline. The juncture of the roof and the perimeter wall of the structure.

Runoff treatment. The volume of stormwater runoff generated from all of the built-upon area of a project at build-out during a storm of the required storm depth is treated in one (1) or more primary SCMs or a combination of primary and secondary SCMs that provides equal or better treatment.

Salvage operation. The reclamation, dismantling or storage of pre-used commodities, junk and similar material for the purposes of resale, processing, distribution or deposition.

School. See educational facility.

Sediment. Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin.

Sedimentation. The process by which sediment resulting from accelerated erosion has been or is being transported off the site of the land-disturbing activity or into a lake or natural watercourse.

Sedimentation Control Commission (SCC). Refers to the North Carolina Sedimentation Control Commission.

Sedimentation and Erosion Control Plan (SEC Plan). Refers to a sedimentation and erosion control plan including all relevant supporting calculations, notes, descriptions, details, assumptions, and other design criteria.

Sedimentation Pollution Control Act (SPCA). Refers to the North Carolina Sedimentation Pollution Control Act of 1973 and all rules and orders adopted pursuant to it.

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

Setback. The minimum required distance existing between the abutting street right-of-way line (if no street right-of-way line is involved, the subject property line) and the minimum building line as specified in section Chapter 6, "Lot and Yard Dimensional Standards." Unless specifically noted in the text, ground level parking and security gatehouses may be located within the setback area.

Shelter for women or families, with or without children. Shelters for women or families, with or without children who need temporary care or refuge because of domestic violence, dependency or their inability to remain at home for other reasons. The maximum number of individuals allowed in a shelter is twenty-five (25).

Shelter home for women or families, with or without children. Shelters homes for women or families, with or without children who need temporary care or refuge because of domestic violence, dependency or their inability to remain at their primary residence for other reasons. The number of individuals allowed in a shelter home is between two (2) and nine (9).

Shopping center. A building or buildings consisting of stores, businesses and restaurants having a common parking lot. A shopping center may also have outparcels that utilize the common parking lot and the shopping center entrances and exits drives.

Sign. Any object, device, display, banner, flag, structure or part thereof situated outdoors which is appreciable from any public right-of-way or adjacent lot and used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, motion, illuminations or projected images. For the purposes of LDC, the term sign shall include all structural members. A sign shall be construed to be a display in a random or unconnected manner without organized relationship of the components, each such component shall be considered to be a single sign.

A.

Freestanding sign: A sign self-supported by a post or other supports independent of any building or other structure and anchored in or upon the ground.

B.

Hanging sign: Any sign suspended from the ceiling of an arcade, marquee, canopy or other architectural projection.

C.

Monument sign: A freestanding sign that is attached directly to the ground without use of poles, braces, attachments or other similar devices. A monument sign shall have a maximum height of eight (8) feet.

D.

Pole-mounted sign: A freestanding sign with a base at least seven (7) feet above the ground which is supported from the ground by a pole, posts or other supports of similar support of narrow width.

E.

Projecting sign: A sign attached to a building or extending in whole or in part fifteen (15) inches or more horizontally beyond the surface of the building to which the sign is attached and where the face of the sign is not in a plane parallel to the wall to which it is attached.

F.

Roof sign: A sign painted on the roof of a building, supported by poles, uprights or braces extending from the roof of a building or projecting above the roofline of a building except as defined as a wall sign within this LDC.

G.

Wall sign: A sign, including canopies, attached flat to any wall of a building, where the exposed face of the sign is in a plane parallel to the plane of said wall and extends not more than thirty (30) inches horizontally from the face of said wall. A sign erected upon or against the side of a roof having an angle of thirty (30) degrees or less from the vertical shall be considered to be a wall sign and shall be regulated as such. A sign painted directly on the surface of the building shall also be considered a wall sign.

Sign area. That area enclosed by one (1) continuous line connecting the extreme points or edges of a sign. The area shall be determined using the largest sign area or silhouette visible at any one (1) time from any one (1) point. This area does not include the main supporting sign structure; but all other ornamental attachments, inner connecting links, etc., which are not a part of the main supports of the sign are to be included in determining sign area. On a two-sided sign, only one (1) face is counted in computing the sign area.

Sign, off-premise (billboards). Any sign which advertises an establishment, service, commodity, goods or entertainment sold or offered on premises other than that on which such sign is located.

Sign structure. A structure constructed for the purpose of displaying or supporting a sign.

Siltation. Means sediment resulting from accelerated erosion which is settleable or removable by properly designed, constructed, and maintained control measures; and which has been transported from its point of origin within the site of a land-disturbing activity; and which has been deposited, or is in suspension in water.

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, but is not limited to 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.

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 in G.S. § 130A-290(a)(36), any place at which solid wastes are disposed of by incineration, sanitary landfill, or any other method.

Special flood hazard area (SFHA). The land in the floodplain subject to a one (1) percent or greater chance of being flooded in any given year, as determined in section 904 of this chapter.

Special use. A use permitted in a zone only after specific findings by the board of adjustment or the city council.

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 (1) or more of the general standards requiring that judgement and discretion be exercised as well as compliance with specific standards.

Specified anatomical areas.

A.

Less than completely and opaquely covered: (i) human genitals and pubic region, (ii) buttock, or (iii) female breast below a point immediately above the top of the areola; or

B.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities.

A.

Human genitals in a state of sexual stimulation or arousal;

B.

Fondling or other erotic touchings of human genitals, pubic regions, buttocks or female breasts; or

C.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral sex, masturbation, or sodomy; or

D.

Excretory functions as part of or in connection with any of the activities set forth in subsection[s] (a), (b), or (c) above.

Staff. The employees of the city, administering the LDC.

Start of construction. 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 one hundred eighty (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.

State register of historic places. The State of North Carolina list of districts, sites, buildings, structures, and objects, significant in state history, architecture, archaeology, engineering, and culture maintained by the state.

Storage, outdoor. The deposition of commodities or items for the purpose of future use or safekeeping.

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

Stormwater runoff. The direct runoff of water resulting from precipitation in any form.

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

Story, half. A space under a sloping roof which as the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (⅔) of the floor area is finished off for use. A half-story containing independent apartment or living quarters shall be counted as a full story.

Straddle dance, also known as a "lap dance" or "face dance," or "table dance" or "friction dance" means either of the following acts:

A.

The use by an entertainer, performer or employee, whether clothed or not, of any part of his or her body to massage, rub, stroke, knead, caress or fondle any part of the body of any patron or customer while on the premises, or the placing of the genital or pubic area of an entertainer, performer or employee in contact with a patron, while on the premises;

B.

The straddling of the legs of an entertainer, performer or employee, over any part of the body of a patron at the establishment, regardless of whether there is a "touch" or "touching."

It shall be a "straddle dance" regardless of whether the touch" or "touching" occurs while the entertainer, performer or employee is clothed or displaying or exposing any specified anatomical area. It shall also be a "straddle dance" regardless of whether the "touch" or "touching" is direct or indirect through a medium.

Street. Any public or private right-of-way which affords the primary means of access to abutting property and is recorded as such in the office of the Edgecombe County or Nash County Registrar of Deeds.

A.

Major arterial. Streets that carry the major portion of trips entering or leaving the urban area that carry the most significant amount of intra-area travel, usually for major commercial and industrial use. This system is stratified as (1) Interstate, (2) Other freeways and expressways, and (3) Other principal arteries (with no control of access). The basic concept of these streets is to provide travel service to major traffic generators.

B.

Minor arterial. Streets that carry a significant amount of intra-area travel placing a greater emphasis on land access but which do not penetrate neighborhoods.

C.

Collectors. Streets that provide land access services and traffic-circulation within residential neighborhoods, commercial and industrial areas and that collect traffic from local streets channeling it into the arterial system.

D.

Local streets. All streets not on one of the higher systems providing direct access to abutting land and access to higher level systems.

E.

Cul-de-sac. A local street with only one (1) outlet and having a terminal for the safe and convenient reversal of all appropriate traffic including the full range of emergency and service vehicles.

F.

Private street. A vehicular travel-way not dedicated as a public street but resembling a cul-de-sac or local street by carrying traffic from a series of driveways to the public street system.

G.

Public street. A public street, which affords access to abutting property and is recorded in the office of the Edgecombe or Nash County Register of Deeds.

H.

Service drive. A public street, generally paralleling and contiguous to an arterial, designed to promote safe ingress and egress to the thoroughfare and to provide access to abutting properties.

Street, intersecting. Any street that joins another street at an angle, whether or not it crosses the other.

Structural alterations. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

Structure. Anything constructed or erected, the use of which requires location on the ground or attached to something having a location on the ground. For the purpose of this LDC, portable storage units or bins, including demountable units shall be considered a structure. For floodplain management purposes, a walled and roofed building, a manufactured home, a gas or liquid storage tank, or other manmade facility or infrastructure that is principally above ground.

Subdivider. Any person, individual, firm, partnership, association, corporation, estate, or trust, or any other group or combination acting as a unit, dividing or proposing to divide land so as to constitute a subdivision as herein defined, and which includes any agent of the subdivider.

Subdivision. All divisions of a tract or parcel of land into two (2) or more lots, building sites or other divisions when any or more of those divisions is created for the purpose, whether immediate or future, of sale or building development, and all divisions of land involving the dedication of a new street or a change in existing streets; provided, however, that the following shall not be included within this definition:

A.

The combination or recombination of portions of previously platted lots, where the total number of lots is not increased and the resultant lots are equal to or exceed the standards contained herein;

B.

The division of land into parcels greater than ten (10) acres, where no street right-of-way dedication is involved;

C.

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

D.

The division of a tract in single ownership whose entire area is no greater than two (2) acres into not more than three (3) lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards contained in the LDC.

Subdivision, minor. Minor subdivisions of not more than four (4) lots fronting on an existing dedicated public street and meeting all standards of the city codes.

Subsidiary. An affiliate that is directly, or indirectly through one (1) or more intermediaries, controlled by another person.

Substantial damage. Damage of any origin sustained by a structure during any ten-year period whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. See definition of "substantial improvement."

Substantial improvements. Any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during any ten-year period for which the cost equals or exceeds fifty (50) percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures, which have incurred "substantial damage" as defined above, regardless of the actual repair work performed. The term does not, however, include either:

(a)

Cost of improvement to correct existing violations of state or local 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

(b)

Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure and the alteration is approved by variance issued pursuant to section 909.E of this chapter.

Technical bulletin and technical fact sheet. For floodplain management purposes, a FEMA publication that provides guidance concerning the building performance standards of the NFIP, which are contained in Title 44 of the U.S. Code of Federal Regulations at Section 60.3.

Temperature controlled. Having the temperature regulated by a heating and/or cooling system, built-in or appliance.

Ten-year storm. A rainfall event of an intensity that, based on historical data, is predicted by a method acceptable to the approving authority to be equaled or exceeded, on the average, once in ten (10) years, and of a duration that will produce the maximum peak rate of runoff for the watershed of interest under average antecedent wetness conditions.

Therapeutic community (TC). A consciously designed social environment and program in which the social and group process is harnessed with therapeutic intent, to assist individuals with drug and alcohol addiction as well as domestic abuse issues. In the therapeutic community, the community is the primary therapeutic instrument; it represents a move away from a purely medical view of psychiatry to "social psychiatry" where human interaction rather than medication brings about change. Typical on-site TC services include, but are not limited to, medical treatment, detoxification (detox.), psychology and/or psychiatry, childcare, job training, and job placement. Treatment is often provided on a long-term basis, one (1) year to three (3) years. Patients often reside on site, with or without children, during the period that treatment is provided.

Therapeutic massage and related touch therapy modalities. The mobilization of the soft tissue which may include skin, fascia, tendons, ligaments, and muscles, for the purpose of establishing and maintaining good physical condition. The term shall include effleurage (long strokes), petrissage (kneading), tapotement (chopping), compression, vibration, stretching, heliotherapy, superficial hot and cold applications, topical applications, or other therapy which involves movement either by hand, forearm, elbow, or foot, for the purpose of therapeutic massage. Massage therapy may include the external application and use of herbal or chemical preparations and lubricants such as salts, powders, liquids, nonprescription creams, mechanical devises such as T-bars, thumpers, body support systems, heat lamps, hot and cold packs, salt glow, steam cabinet baths or hydrotherapy. The term includes any massage, movement therapy, massage technology, myotherapy, massotherapy, oriental massage techniques, structural integration, or polarity therapy. The term shall not include laser therapy, microwave, injection therapy, manipulation of the joints, or any diagnosis or treatment of an illness that normally involves the practice of medicine, chiropractic, physical therapy, podiatry, nursing, occupational therapy, veterinary, acupuncture, osteopathy, orthopedics, hypnosis, or naturopathics.

Tiny home. See Dwelling, single-family, detached. A tiny home shall mean either a home built to North Carolina State Building Code or certified under the North Carolina Modular Construction Program standards for single-family homes. A house that does not meet these requirements shall be permitted only in an RV park with the provisions therein.

Townhouse. Three (3) or more attached single-family dwelling units separated by property lines with open space on at least two (2) sides.

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

Tract. Any contiguous land and bodies of water, regardless of ownership. The word "tract" shall include words "lot," "plot," or "parcel."

Transient shelter facility. A shelter providing daily quarters for indigent individuals.

Twenty-five-year storm. A rainfall event of an intensity that, based on historical data, is predicted by a method acceptable to the approving authority to be equaled or exceeded, on the average, once in twenty-five (25) years, and of a duration that will produce the maximum peak rate of runoff for the watershed of interest under average antecedent wetness conditions.

Utilities. The distribution system for water, gas, electric, telephone, cable and antenna systems as well as the collection systems for sanitary sewer and stormwater.

Uncovered. The removal of ground cover from, on, or above the soil surface.

Undertaken. The initiating of any activity, or phase of activity, which results or will result in a change in the ground cover or topography of a tract of land.

Unemployment. The rate of unemployment reported in the most recent decennial census for the area defined.

Unhealthy. A plant or tree is "unhealthy" when:

A.

Its foliage and bark has a form and color that is not characteristic of the species similarly located within the environs of Rocky Mount; or

B.

Its twig elongation is dissimilar to that of others of the same species and size similarly located within the environs of Rocky Mount; or

C.

It is not free from infestation of insects and detrimental diseases; or

D.

It no longer screens, filters, or shades the area of which it was installed; or

E.

More than thirty (30) percent of its crown dies or is lost in any one (1) calendar year; or

F.

More than ten (10) percent of its truck [trunk] circumference dies in any one (1) calendar year.

Use. The purpose for which land or structure thereon are designed, arranged or intended to be occupied or used for, or for which it is occupied, maintained, rented or leased.

Use, by-right (permitted). A use that is listed as permitted activity in this LDC.

Use, nonconforming. A use of building or land that existed prior to the adoption of a regulation and does not conform to the regulations of the district in which the building or land is situated.

Variance. A modification or alteration of any of the requirements of this ordinance.

Vegetation screen. Evergreen trees, including, but not limited to, evergreen shrubs or plants with a minimum height of six (6) inches when planted, which reach a height of at least six (6) feet within five (5) years.

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

Vested rights. Right of property owner to develop according to the terms of an approved site specific development plan or building permit even if the zoning or zoning district requirements are changed prior to development pursuant to N.C.G.S. § 160D-108.

Violation. The failure of a structure or other development to be fully compliant with this LDC.

Visible. Capable of being seen without visual aid by a person of normal visual acuity.

Warehouse. A building or compartment in a building used and appropriated by the occupant for the deposit and safekeeping or selling of personal 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.

Waste. Surplus materials resulting from on-site construction and disposed of at other locations.

Watercourse. Any natural depression two (2) feet or more below natural ground serving to give direction to a current of water and having a bed and well defined banks.

Water dependent structure. Any structure for which the use requires access to or proximity to or citing 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.

Water surface elevation (WSE). The height, in relation to NAVD 1988, of floods of various magnitudes and frequencies in the floodplains of riverine areas.

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

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

Wireless communications antenna. Any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals.

Wireless communications tower: A structure to be erected to support wireless communications antennas and connecting equipment cabinets to elevate an antenna above the surrounding terrain or structures. It may be attached to an existing building or other permanent structure or constructed as a freestanding structure. Wireless communication towers shall not include ham radio equipment antennas.

Working days. Days exclusive of Saturday, Sunday and recognized holidays during which weather conditions or soil conditions permit land-disturbing activity to be undertaken.

Yard. An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upwards except where otherwise specifically provided in this LDC that an accessory building may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear year, the lease horizontal distance between the lot line and the main building shall be used.

A.

Front yard. A yard located in front of the front elevation of a building and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the main building or any projection thereof, other than steps.

B.

Rear yard. A yard extending across the rear of a lot measured between lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and the interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.

C.

Side yard. A yard between the building and the side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the side of the main building or any projections other than steps.

Yard sale. See "garage sale."

Youth development center. Provides a therapeutic living environment for youth defined by focused interactions between youth and youth counselors. A model of care will be implemented which will focus on skill development and behavior change. The youth development center offers blended education-treatment opportunities and other activities that are designed to enable youth to be successful in their home communities.

Zoning certificate. A certification by the director of development services or designee that a course of action to use or occupy a tract of land or a building, or to erect, install or alter a structure, building or sign situated in the city's jurisdiction, fully meets the requirements of this LDC.

(Ord. No. O-04-87, § 1, 11-8-04; Ord. No. O-05-34b, § 1(Att. A), 5-9-05; Ord. No. O-05-34A, § 1a.—1c., 5-9-05; Ord. No. O-06-1, § 1, 1-9-06; Ord. No. O-06-2, § 1, 1-9-06; Ord. No. O-06-28, § 2, 4-24-06; Ord. No. O-07-107, § 2, 10-8-07; Ord. No. O-09-107, § 1, 10-12-09; Ord. No. O-10-20, § 2, 3-22-10; Ord. No. O-11-25, §§ 2, 3, 3-14-11; Ord. No. O-11-117, § 1, 12-12-11; Ord. No. O-16-32, § 2, 5-9-16; Ord. No. O-16-60, § 2, 7-25-16; Ord. No. O-16-62, § 2, 8-8-16; Ord. No. O-16-95, §§ 2, 3, 12-12-16; Ord. No. O-18-71, § 2, 7-9-18; Ord. No. O-18-78, §§ 2, 3, 8-13-18; Ord. No. O-19-57, § 2, 7-8-19; Ord. No. O-20-57, § 2, 12-14-20; Ord. No. O-21-2, §§ 3, 4, 1-11-21; Ord. No. O-21-43, § 2, 6-14-21; Ord. No. O-21-68, § 2, 8-9-21; Ord. No. O-21-84, § 2, 10-11-21; Ord. No. O-22-48, § 2, 7-11-22)