The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Individual sections of this chapter may contain definitions specific to that section.

Access Easement: An easement, which grants the right to cross property.

Accessory Building/Structure: A minor building that is located on the same lot as a principal building and that is used incidentally to a principal building or that houses an accessory use.

Accessory Apartment: A dwelling unit that exists either as part of a principal dwelling, or as an accessory building, and is secondary and incidental to the use of the property as a single-family residence.

Administrative Decision: Decisions made in the implementation, administration, or enforcement of development regulations that involve the determination of facts and the application of objective standards set forth in this Chapter or local government development regulations. These are sometimes referred to as ministerial decisions or administrative determinations.

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

Adult Care Home: An assisted living residence in which the housing management provides twenty-four-hour scheduled and unscheduled personal care services to two (2) or more residents, either directly or for scheduled needs, through formal written agreement with licensed home care or hospice agencies. Some licensed adult care homes provide supervision to persons with cognitive impairments whose decisions, if made independently, may jeopardize the safety or well-being of themselves or others and therefore require supervision. Medication in an adult care home may be administered by designated trained staff. Adult care homes that provide care to two (2) to six (6) unrelated residents are commonly called family care homes. Adult care homes include halfway houses and drug rehab facilities.

Alley: A roadway, which affords only a secondary means of access to abutting property.

Amateur Radio Antenna: Any tower and/or antenna owned and operated by an amateur radio operator for "amateur service," as that term is defined by 47 C.F.R. § 97.3(a)(4). Said towers and antennas must be used only for noncommercial purposes and must be fifty (50) feet tall or less. For the purposes of this chapter, any antenna not meeting this definition shall be deemed a "Wireless Telecommunications Facility." This use does not include towers and antennas owned or operated by a government agency.

Animal Boarding Facility: A facility where animals are boarded overnight, but which does not include any animal breeding or training. This term does not include "doggie day cares" or similar facilities that keep animals only during the day. See also, "Kennel" and "Specialized Dog Training Facility."

Animal Grooming Services: A facility for the grooming of animals, but which does not include any animal boarding, breeding, or training services.

Articulation: An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; modulation of building facades, massing, and detail to create variety.

Assisted Living Residence: See "Housing Facility for Older Persons."

Auction Hall: A business or nonprofit organization that sells retail or wholesale items through regularly occurring auctions at a fixed location. This definition does not include the following:

A.

Businesses that conduct auctions solely online;

B.

Estate sales, going-out-of-business sales, and similar sales, the primary purpose of which is to divest an estate, business, or other operation of unwanted goods; and

C.

Auctions used to support religious and nonprofit organizations, provided that such auctions may not occur more than three (3) times per year.

Auto Wrecking: A person that provides open storage, disassembling, or salvaging for more than two (2) junked motor vehicles.

Bar: A commercial enterprise whose primary activity is the sale of alcoholic beverages to be consumed on the premises. Bars include taverns, night clubs, private clubs, bottle clubs, and similar facilities serving alcoholic beverages.

Basement: A story of a building or structure having one-half (½) or more of its clear height below grade.

Bed and Breakfast: An establishment that complies with state G.S. 130A-127 providing short-term lodging in a private home or small building(s) converted for this purpose and characterized by a highly personalized service and inclusion of a full breakfast in the room rate. Meals may also be offered for compensation.

Board of Adjustment: A quasi-judicial body, appointed by the Town Council that is given certain powers under this chapter, such as deciding whether to grant variances.

Boarding House: A residential use consisting of at least one (1) dwelling unit together with more than two (2) rooms that are rented or are designed or intended to be rented but which rooms, individually or collectively, do not constitute separate dwelling units. A boarding house is synonymous with "rooming house" and is designed to be occupied by longer term residents (at least month-to-month tenants) as opposed to overnight or weekly guests in a bed and breakfast or hotel.

Boat: A watercraft of any kind, whether self-propelled or propelled by any other means, including sailing vessels and all other structures adapted to be navigated on water from place to place for recreational purposes or for the transportation of merchandise or persons.

Buffer: An area of land planted or constructed to separate uses.

Buildable Lot: One (1) or more lots of record in one (1) undivided ownership with sufficient total area, exclusive of easements, flood hazards, well and septic tank fields; sufficient total dimensions; and access to permit construction thereon of a principal building together with its required parking and buffers.

Building: Any structure having a roof supported by walls or columns constructed or used for residence, business, industry, or other public or private purposes.

Building Footprint: The sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the interior faces of exterior walls. The term "building footprint" shall include basements; elevator shafts; stairwells at each story; floor space used for mechanical equipment with structural headroom of six (6) feet, six (6) inches or more; penthouses; attic space, whether or not a floor has actually been laid, providing structural headroom of six (6) feet, six (6) inches or more; interior balconies; and mezzanines. "Building Footprint" is also referred to as the gross floor area.

Building Height: The vertical distance measured from the average elevation of the finished grade to the topmost section of the roof, not including chimneys, cupolas, etc.

Building, Principal: The primary building on a lot or a building that houses a principal use.

Building Separation: The minimum required horizontal distance between buildings.

Building Related Equipment: Includes heating and air conditioning equipment, chimneys and vents, signs, antennas, down spouts and gutters, steps, shutters, lights, garages, sheds, birdhouses, dog houses and other typical accessories.

Building Setback: The required distance any building or substantial structure must be separated from another building, property line, buffer, or body of water.

Caliper: A measurement of the diameter of a tree or nursery stock as defined in the latest edition of the American Standard for Nursery Stock published by the American Horticulture Industry Association, ANSI Z60.1-2014.

Camper Shell: A vehicle accessory designed to be mounted upon a motor vehicle and to provide facilities for human habitation, camping purposes or storage.

Canopy Tree: See "Tree, Canopy."

Cemetery: Any one (1) or a combination of the following in a place used or to be used and dedicated or designated for cemetery purposes:

A.

A burial park, for earth interment;

B.

A mausoleum; or

C.

A columbarium.

A cemetery does not include a crematorium.

Certificate of Appropriateness: A permit issued by the Town stating that the work proposed by the applicant is consistent with the architectural and historic standards for the historic district in which the property is located.

Certificate of Compliance: A written permit, signed by the Administrator, setting forth either that a building or structure complies with the provisions of this chapter, or that a building, structure, or parcel of land may lawfully be employed for specified uses, or both.

Certify: Whenever this chapter/article requires that some agency certify the existence of some fact or circumstance to the Town, the Town may require that such certification be made in any manner that provides reasonable assurance of the accuracy of the certification. By way of illustration, and without limiting the foregoing, the Town may accept certification by telephone from some agency when the circumstances warrant it, or the town may require that the certification be in the form of a letter or other document.

Child Care Facility: Any facility that qualifies as a "childcare facility" under G.S. § 110-86(3) and must be licensed by the State of North Carolina pursuant to G.S. § 110-93.

Child Care Institution: An institutional facility housing more than nine (9) orphaned, abandoned, dependent, abused, or neglected children.

Circulation Area: That portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the circulation area.

Close Familial Relationship: A spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes step, half, and in-law relationships.

Clubs and Lodges, Social or Fraternal: A nonprofit association of persons, who are bona fide members paying dues, and which owns or leases premises, the use of which is restricted to members and their guests for engaging in social activities typical of such associations, and which can reasonably be accommodated on the premises. The facilities owned or used by such organization may be referred to as a "club" or "lodge" in this chapter and shall not be construed to include "private clubs," "nightclubs," "bars," "taverns," or other like use.

Common Area(s): All areas, including private streets, conveyed to an owners' association within a development, or owned on a proportional undivided basis in a condominium development; or an area provided for the use of residents or in a residential development.

Community Center: A government or nonprofit facility used for recreational, social, educational, or cultural services and activities. The services and activities offered may target specific groups but are otherwise nonexclusive in nature. This use does not include schools, places of worship, banquet facilities, social or service club or lodge, or counseling services.

Community Sewage Treatment System: A sewage treatment system designed to treat wastewater from three (3) or more dwelling units, more than one (1) principal nonresidential use, or a group development. A community sewage treatment system is not public sewer or a utility under the terms of this chapter.

Community Well System: A system that supplies groundwater to twenty-five (25) or more persons or has fifteen (15) or more connections. A community well system is not public water or a utility under the terms of this chapter.

Combination Use: A use consisting of a combination on one (1) lot of two (2) or more principal uses separately listed in Section 17-410 (the Table of Permissible Uses). See also Section 17-408 "Combination Uses." (Under some circumstances, a second principal use may be regarded as accessory to the first, and thus a combination use is not established. See Section 17-405 "Accessory Uses." In addition, when two (2) or more separately owned or separately operated enterprises occupy the same lot, and all such enterprises fall within the same principal use classification, this shall not constitute a principal use.)

Comprehensive Plan: The Town of Selma 2040 Land Use Plan (or other plans and documents) which identifies and analyzes land use, development, and other issues facing the community. The plan typically is based on substantial data collection and analysis, extensive public participation, and considers the interrelationship between land uses, transportation, utilities, and other public services and needs.

Completion of Construction or Development: No further land-disturbing activity is required on a phase of a project except that which is necessary for establishing a permanent groundcover.

Condominium: Portions of real estate which are designated for separate ownership, and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners. For purposes of this chapter, condominiums are multi-family development.

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

Corner Lot: A lot abutting two (2) or more streets at their intersection.

Columbarium: A structure or building of vaults lined with recesses for cinerary urns. "Cinerary" means a place to receive the ashes of the cremated dead.

Crematorium (Crematory): A facility where the bodies of dead people, pets or animals are cremated.

Determination: A written, final, and binding order, requirement, or determination regarding an administrative decision.

Developer: A person, including a governmental agency or redevelopment authority, who undertakes any development and who is the landowner of the property to be developed or who has been authorized by the landowner to undertake development on that property.

Development: Any of the following:

A.

The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.

B.

The excavation, grading, filling, clearing, or alteration of land.

C.

The subdivision of land as defined in G.S. 160D-802.

D.

The initiation or substantial change in the use of land or the intensity of use of land. This definition does not alter the scope of regulatory authority granted by Chapter 160D.

Development Approval: An administrative or quasi-judicial approval made pursuant to G.S. 160D that is written and that is required prior to commencing development or undertaking a specific activity, project, or development proposal. Development approvals include, but are not limited to, zoning permits, site plan approvals, special use permits, variances, and certificates of appropriateness. The term also includes all other regulatory approvals required by regulations adopted pursuant to G.S. 160D, including plat approvals, permits issued, development agreements entered into, and building permits issued.

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

Development, Net Buildable Density of: For the purposes of determining the allowable residential density in a planned unit development, the area upon which residential housing units may be developed is that area remaining after subtracting the areas of non-residential development, open space dedicated to a government, homeowners association or other person, the amount of required developed recreation spaces and the rights-of-way of collector (and larger) streets and/or roads.

Development, Existing: Those projects that are built and those projects that, at a minimum, have established a vested right, or based on at least one (1) of the following criteria:

A.

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

B.

Having a valid outstanding building permit; or

C.

Having expended substantial resources (time, labor, money) and having approved site specific development plan in compliance with G.S. Section 160A-385.1.

Development Regulation: A unified development ordinance, zoning regulation, subdivision regulation, erosion and sedimentation control regulation, floodplain or flood damage prevention regulation, mountain ridge protection regulation, stormwater control regulation, wireless telecommunication facility regulation, historic preservation or landmark regulation, housing code, State Building Code enforcement, or any other regulation adopted pursuant to G.S. 160D, or a local act or charter that regulates land use or development.

Dish Antenna: A dish antenna, which is also referred to as a satellite dish antenna, is defined as an accessory structure that includes the following:

A.

An antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources;

B.

A low-noise amplifier which is situated at the focal point of the receiving component and whose purpose is to magnify the transfer signals; and

C.

A coaxial cable whose purpose is to carry the signals into the interior of a building.

Disposal (of hazardous or toxic substance(s)): The destruction, discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste or toxic substance into or on any air, land, or water.

Disposal Facility: A facility or part of a facility at which hazardous waste or toxic substance is intentionally placed into or on any land or water, and at which hazardous waste or toxic substance will remain after closure.

Domestic Fowl: Any domesticated bird, such as a chicken, duck, goose, or turkey raised for food or eggs, often a member of the genus Gallus.

Duplex: See Residence, two-family.

Dwelling: Any building, structure, manufactured home, or mobile home, or part thereof, used and occupied for human habitation or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith. For the purposes of Article 12 of G.S. Chapter 160D, the term does not include any manufactured home, mobile home, or recreational vehicle, if used solely for a seasonal vacation purpose.

Dwelling Unit: A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Easement: A grant of one (1) or more of the property rights, by the property owner, to, or for use by, the public, a corporation, or other entities.

Electronic Gaming Operation: Any business enterprise, whether as a principal or accessory use, where persons utilize electronic machines, including but not limited to computers and gaming terminals, to conduct games of chance, including sweepstakes, and where cash, merchandise or other items of value are redeemed or otherwise distributed, whether the value of such distribution is determined by electronic games played or by predetermined odds. Electronic gaming operations may include, but are not limited to, internet cafes, internet sweepstakes, electronic gaming machines/operations, or cyber cafés. This does not include any lottery approved by the State of North Carolina or any nonprofit operation that is otherwise lawful under State law (for example, church or civic organization fundraisers).

Entertainment, Restaurant: See "Restaurant, Entertainment."

Establishment, Adult Oriented: See "Sexually Oriented Business."

Evidentiary Hearing: A hearing to gather competent, material, and substantial evidence in order to make findings for a quasi-judicial decision required by a development regulation adopted under G.S. Chapter 160D.

Expenditure: A sum of money paid out in return for some benefit or to fulfill some obligation. The term also includes binding commercial commitments to make future expenditures, as well as any other substantial changes in position.

Explosive: Any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion. The term includes, but is not limited to, dynamite and other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, and igniters. For the purposes of this ordinance, "explosive" shall be defined in the same manner as set forth in 27 C.F.R. § SSS.11 and 13 N.C.A.C. 7F.0702(n).

Expressway: A divided multi-lane arterial street designed to carry large volumes of traffic at relatively high speeds. Access to expressways is at least partially controlled and generally with grade separations at major intersections. See also Appendix B, H., "Street Classification."

Extraterritorial Planning Area: That portion of the town's planning and development regulation jurisdiction that lies outside the corporate limits of the town. The Area may also be known as the "Extraterritorial Planning Jurisdiction" or ETJ. The ETJ population shall be updated with each decennial census.

Family: One (1) or more persons occupying a dwelling unit and living as a single household. A family may also include a family foster home or a family care group home, both as licensed by the State of North Carolina.

Family Care Home, Class A: All group homes for minor children other than Class B group homes. This definition specifically includes but is not limited to group homes for minor children who need such a residential arrangement because they are orphaned, abused, neglected, or dependent, or who have a "handicap" as defined in the Fair Housing Act (42 U.S.C. § 3602), or are "handicapped" as that term is defined in G.S. § 168-21.

Family Care Home, Class B: A group home for minor children that serves primarily the needs of those who:

A.

Are "dangerous to others" as those terms are defined in G.S. §§ 122C-3(11) and (21);

B.

Are currently using or are addicted to controlled substances; or

C.

Have been assigned to a group home as a condition of probation, parole, or "intermediate punishment" as defined in G.S. § 15A-1340.11(6).

Family Health Care Structure: A transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person that:

A.

Is primarily assembled at a location other than its site of installation;

B.

Is limited to one (1) occupant who shall be the mentally or physically impaired person;

C.

Has no more than three hundred (300) gross square feet; and

D.

Complies with applicable provisions of the State Building Code and G.S. § 143-139.1(b). Placing the temporary family health care structure on a permanent foundation is not required or permitted.

Farm, Bona Fide: The production and activities relating or incidental to the production of crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agriculture, as defined in G.S. 106-581.1. For purposes of this definition, "when performed on the farm" in G.S. 106-581.1(6) shall include the farm within the planning and development regulation jurisdiction of the Town and any other farm owned or leased to or from others by the bona fide farm operator. For purposes of this subdivision, the production of a nonfarm product that the Department of Agriculture and Consumer Services recognizes as a "Goodness Grows in North Carolina" product that is produced on a farm subject to a conservation agreement under G.S. 106-743.2 is a bona fide farm purpose. For purposes of determining whether a property is being used for bona fide farm purposes, any of the following shall constitute sufficient evidence that the property is being used for bona fide farm purposes:

A.

A farm sales tax exemption certificate issued by the Department of Revenue.

B.

A copy of the property tax listing showing that the property is eligible for participation in the present use value program pursuant to G.S. 105-277.3.

C.

A copy of the farm owner's or operator's Schedule F from the owner's or operator's most recent federal income tax return.

D.

A forest management plan.

E.

A Farm Identification Number issued by the United States Department of Agriculture Farm Service Agency.

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

Firearm: In accordance with G.S. § 14-409.39, a firearm is a handgun, shotgun, or rifle which expels a projectile by action of an explosion.

Flag Lot: A lot, created by a subdivision, with less street frontage than is required by Section 17-430 and composed of a narrow "flagpole" strip extending from the street and a much wider "flag" section lying immediately behind a lot or lots having the required street frontage for a conventional lot. In the case of a flag lot, the lot line at the end of the flagpole lying generally parallel to the street to which the flagpole connects shall be the front lot line for setback purposes.

Flea Market (Permanent) or Open Air Market: A commercial operation conducted outside of a building on a regular, periodic basis in which individual entrepreneurs are offered space and invited to bring various types of merchandise to a common site to be displayed and sold to the public. This use includes flea markets, farm, and craft markets, produce markets and similar uses.

Floor: The top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction.

Freeway: A divided multi-lane arterial street designed to carry large volumes of traffic at relatively high speeds. Freeways have no direct access to abutting properties, streets or roads and access is provided at selected crossroads via connecting ramps. See also Appendix B and "Expressway."

Grade, Finished: The final elevation of the ground surface after development.

Grading: Any operation or occurrence by which the existing site elevations are changed, or where any ground cover, natural or manmade, is removed, or any buildings or other structures are removed, or any water course or body of water, either natural or manmade, is relocated on any site, thereby creating an unprotected area. The term "grading" is interchangeable with "land-disturbing activity."

Graffiti: An unauthorized inscription, word, figure, mark, design or other inscribed material that is written, marked, etched, scratched, drawn, or painted on a surface.

Group care facility: A facility licensed by the State of North Carolina for the provision of resident services. See Family Care (Group) Home.

Gross Floor Area: See Building Footprint.

Handicapped Person: A person with a temporary or permanent physical, emotional, or mental disability, but not including persons who are "dangerous to others," as that term is defined in G.S. § 122C-3(11).

Historic Structure: Any structure that is:

A.

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

B.

Certified or preliminarily determined by the Secretary of 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;

C.

Individually listed on a state inventory of historic places;

D.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified.

Home Daycare: A childcare facility located in a residence where, at any one (1) time, more than two (2) children, but less than nine (9) children, receive child care. See Family Child Care Home. See G.S. § 110-86(3)(b).

Home Occupations: A profession or occupation:

A.

Conducted entirely within a dwelling and carried on by the resident(s) thereof, which use is incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof;

B.

Is not so insubstantial or incidental or is not so commonly associated with the residential use as to be regarded as an accessory use (see Section 17-405, Accessory Uses), but that can be conducted without any significantly adverse impact on the surrounding neighborhood.

Without limiting the generality of the foregoing, a use may not be regarded as having an insignificantly adverse impact on the surrounding neighborhood if:

A.

Goods, stock-in-trade, or other commodities are displayed;

B.

Any on-premises retail sales occur;

C.

More than one (1) person not a resident on the premises is employed in connection with the purported home occupation;

D.

It creates objectionable noise, fumes, odor, dust, or electrical interference; or

E.

More than twenty-five (25) percent of the total building footprint of residential buildings plus other buildings housing the purported home occupation or more than five hundred (500) square feet of the building footprint (whichever is less) is used for home occupation purposes; or

F.

Such activities shall not depend upon the shipment or delivery of bulk materials.

The following is a non-exhaustive list of examples of enterprises that may be home occupations if they meet the foregoing definitional criteria:

A.

The office or studio of a physician, dentist, artist, musician, lawyer, architect, engineer, teacher, or similar professional;

B.

Workshops, greenhouses, or kilns; or

C.

Dressmaking or hairdressing studios. See also Section 17-405, "Accessory Uses."

Homeless Shelter: An establishment providing food and shelter to homeless persons.

Household Item: Any item, including any part of the item, typically used in the interior of a dwelling. By way of example and not limitation, the term "household item" includes washing machines, sinks, stoves, heaters, boilers, tanks, mattresses, sofas, couches or futons, upholstered chairs, and indoor carpets.

Household Pet: Any animal kept as a pet rather than for productive purposes, including but not limited to dogs and cats. For the purposes of this ordinance, a working dog, such as a hunting dog or sheep herding dog, shall be considered a pet and not livestock. All domestic fowl, including, but not limited to chickens, shall be considered livestock regardless of whether said animals are kept primarily as pets or for productive purposes.

Housing Facility for Older Persons: Any apartment that complies with the provisions of 24 CFR Part 100, Subpart E, "Housing for Older Persons."

Indoor Recreation Facility: Any recreational land use conducted entirely within the interior of a permanent structure properly equipped to accommodate recreational activities, where fees are collected in exchange for use of the facility.

Institutionalized Persons: Persons who are committed through some legal process (jail or hospital ward for the dangerously mentally ill), or persons committed to an institution, such as a half-way house, on a time-of-day basis.

Internet Café: See "Electronic Gaming."

Junk Yard: See "Salvage Yard."

Kennel: A facility where animals are boarded overnight and trained or bred. A large kennel is a facility that boards, trains twenty (20) or more animals at any time. This term includes "doggie day cares" or similar facilities that keep animals only during the day and kennels accessory to veterinary clinics or offices. A small kennel boards or trains nineteen (19) or fewer animals at any time.

Landfill, Construction or Demolition Debris (C-D): A disposal site for solid waste resulting from construction, remodeling, repair, or demolition operations on pavement, buildings, or other structures, and which complies with all sanitary landfill requirements of Chapter 20, Articles 31—70 (G.S. §§ 153A-291—153A-294) of the Johnston County Code and with all zoning and special use permit requirements of this chapter.

Landfill, Land Clearing, and Inert Debris (LCID): A disposal site for stumps, limbs, leaves, concrete, brick, wood and uncontaminated earth. The state division of solid waste management must approve disposal of any other types of wastes.

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

Land Use: Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied.

Legislative Decision: The adoption, amendment, or repeal of a regulation under this Chapter or an applicable local act. The term also includes the decision to approve, amend, or rescind a development agreement consistent with the provisions of Article 10 of G.S. 160D.

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

Livestock: Animals raised to produce meat, milk, eggs, fiber or used for draft or equestrian purposes, including but not limited to horses, mules, cows, pigs, goats, llamas, ostriches, sheep, domestic fowl (such as chickens, ducks, turkeys, etc.), rabbits, and all other animals that typically are kept primarily for productive or useful purposes rather than as pets. All domestic fowl, including but not limited to chickens, shall be considered livestock, regardless of whether said animals are kept primarily as pets or for productive purposes. See also "Household Pet."

Lot: A portion of a subdivision or any other parcel of land intended as a unit for transfer of ownership, or for development or both. The word "lot" includes "plot," "parcel," or "tract." If a public body or any authority with the power of eminent domain condemns, purchases, or otherwise obtains fee simple title to, or a lesser interest in, a strip of land cutting across a parcel of land otherwise characterized as a lot by this definition, or a private road is created across a parcel of land otherwise characterized as a lot by this definition, and the interest thus obtained or the road so created is such as effectively to prevent the use of this parcel as one (1) lot, then the land on either side of this strip shall constitute a separate lot for the purposes of this chapter.

Lot Line: The line bounding a lot, as follows:

A.

Lot line, front: The line separating such a lot from that street right-of-way which is designated as the front street on the building permit, certificate of occupancy, or subdivision plat.

B.

Lot line, rear: The lot boundary opposite and most distant from the front lot line, in the case of a pointed or irregular lot, it shall be an imaginary line parallel to and farthest from the front lot line.

C.

Lot line, side: Any lot boundary line not a front line or rear lot line.

Manufactured Home or Dwelling: A dwelling that:

A.

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

B.

Exceeds forty (40) feet in length and eight (8) feet in width;

C.

Is constructed in accordance with the National Manufactured Home Construction and Safety Standards; and

D.

Is not constructed in accordance with the standards of the North Carolina Uniform Residential Building Code for One- and Two-Family Dwellings.

Class AA ("doublewide"): A manufactured home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction, and that satisfies the following additional criteria:

A.

Is occupied only as a single-family dwelling;

B.

Has a minimum width of sixteen (16) feet;

C.

Has a length not exceeding four (4) times its width, with length measured along the longest axis, and width measured perpendicular to the longest axis at the narrowest part; Length and width measurements shall not include towing apparatus, wheels, axles, and transporting lights;

D.

Has a minimum of seven hundred (700) square feet of enclosed and heated living area.

Class A ("singlewide"): A manufactured home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that meet or exceed criteria for A., C. and D. for Class AA manufactured dwellings above.

Class B: A manufactured home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction.

Manufactured Home Park: A group development site with required improvements and utilities for the long-term location of manufactured dwellings that may include services and facilities for the residents.

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

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

Maternity Home: A group home licensed as a maternity home by the N.C. Department of Health and Human Services pursuant to G.S. § 131D-I.

Microbrewery: A small brewery that makes beer in small amounts, typically less than fifteen thousand (15,000) gallons per year.

Mixed Use Development: A mixture of residential and permitted office and/or commercial uses.

MUD or Mixed Use Development Overlay: The mixed use development to be developed and built out by a developer consisting of sections developed for hotels, restaurants, and other hospitality facilities; retail stores; medical offices and facilities; business and industrial facilities; residential units; and retirement living facilities; and existing buildings to be repurposed and redeveloped.

Mobile Food Vendor: Any person or entity who sells, displays, solicits, distributes (with or without payment) or accepts orders for fruits, vegetables, or foodstuffs from a vehicle (such as a food truck), tent, temporary roadside stand, temporary display, lunch wagon or eating cart.

Mobile Home: See "Manufactured Home."

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

Motor Vehicle: A passenger vehicle, truck, recreational vehicle, motorcycle, motor scooter, golf cart, or other similar self-propelled vehicle. "Motor vehicle" does not mean a motorized wheelchair, bicycle, tricycle, or quadricycle.

Motor Vehicle, Junked: As defined in G.S. §160A-303.2: A motor vehicle that does not display a current license plate and that is one (1) or more of the following:

A.

Is partially dismantled or wrecked; or

B.

Cannot be self-propelled or moved in the manner in which it originally was intended to move; or

C.

Is more than five (5) years old and appears to be worth less than $500.

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

Multi-Family Apartments: See "Residence, Multi-Family."

Multi-Family Conversions: See "Residence, Multi-Family Conversions."

Multi-Family Development: One (1) or more tracts of land under single, individual, corporate, firm, partnership, or association ownership, or under common control evidenced by duly recorded contracts or agreements, planned and developed as an integral unit in a single development operation or in a definitively programmed series of development operations on/in which multi-family dwelling units are constructed. Multifamily development includes townhouses and condominiums.

Multi-Family Dwelling: Any multi-family residence defined in this article.

Multi-Family Townhome: See "Residence Multi-Family Townhouses."

Nursing Care Home: A group home licensed as a nursing home under the Nursing Home Licensure Act, G.S. § 131E-100 et seq. Such home typically provides full-time convalescent or chronic care, or both, to persons who are not related by blood or marriage to the operator, or who, due to advanced age, chronic illness, or infirmity, are unable to care for themselves.

Nursing Care Institution: An institutional facility maintained for providing skilled nursing care and medical supervision to more than nine (9) persons at a lower level than that available in a hospital.

Office: A room, suite of rooms, or building in which a person or persons transact the affairs of a business, profession, service, industry, or government. When listed as a permitted or special use, an office shall serve as the primary use of the property. For example, a construction company could locate its main business office in any district where "office" is a permitted or special use, but it could not store equipment and materials at that site unless such storage were also a permitted or special use in that zoning district. The same construction company, however, could operate its business office as an accessory use on a site used for the lawful storage of equipment and materials, irrespective of whether offices were permitted in that zoning district.

Unless otherwise stated herein, professional services offices are considered "retail services" and are not included in this use.

Official Maps of Plans: Any maps or plans officially adopted by the Town Council.

Open Space: Land and/or water areas within a site which is designed and intended for the common use or enjoyment of the residents of the development or dedicated to the public use.

Outparcel: A parcel, adjacent to or partially surrounded by a retail center or shopping center tract, which was either part of the original retail center or shopping center tract or which functions as an integral part of the retail center or shopping center. Such parcels have separate deeds or have been sectioned off by the developer for purposes of leasing to one (1) or more businesses.

Outdoor Recreation Facility: Any recreational land use conducted partially or entirely outside of a permanent structure, where fees are collected in exchange for access to the facility, and which is further characterized by potentially substantial impacts to traffic, the natural environment, and surrounding properties.

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

Parking Area Aisles: A portion of the vehicle accommodation area consisting of lanes providing access to parking spaces.

Parking Space: A portion of the vehicle accommodation area set aside for the parking of one (1) vehicle.

Park Strip: The area between the curb of a street and the sidewalk.

Parkway: An arterial street for primarily noncommercial traffic, with full or partial control of access, and usually located within a park or ribbon of park-like development. See also Appendix B., Section H., "Street Classification."

Passenger Vehicle: Any motor vehicle designed, used, and maintained primarily for the transportation of persons for noncommercial purposes. A passenger vehicle does not include a motor vehicle designed and equipped for human habitation.

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

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

Person With Disabilities: A person with a temporary or permanent physical, emotional, or mental disability including but not limited to mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances and orthopedic impairments but not including mentally ill persons who are dangerous to others as defined in G.S. § 122C-3(11)b.

Permitted Use: A land use, which is authorized by right, and which does not require special use permit approval.

Planned Unit Development: An area of land under unified ownership or control to be developed and improved as a single entity under a unified development plan in accordance with and subject to the requirements of this chapter.

Planning and Development Regulation Jurisdiction: The geographic area defined in Part 2 of G.S. 160D within which a city or county may undertake planning and apply the development regulations authorized by G.S. 160D.

Planning Department: The Planning and Economic Development Department of the Town of Selma.

Planning Director: The head of the Department of Planning and Economic Development, also referred to in this chapter as the "Administrator."

Plant Nursery: An establishment engaged in the raising of plants for sale to wholesale and retail customers. Accessory items such as pots and fertilizer may also be sold. Greenhouses are permitted as part of this use.

Plat: A map or plan of a tract of land that depicts how the land has been or will be subdivided.

Principal Building: See "Building, Principal."

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

Private Drive or Street: A vehicular travel way not dedicated or offered for dedication as a public street, providing access to parking lot(s) for two (2) or more principal buildings in a group housing or group nonresidential development.

Public Street: A dedicated public right-of-way for vehicular traffic which (1) has been accepted by the town or NCDOT for maintenance; or (2) is not yet accepted, but in which the roadway design and construction have been approved under public standards for vehicular traffic.

Public Water System: Any water supply system furnishing water for human consumption that meets the criteria of G.S. § 130A-313.

Polluted Water: Water that contains any bacterial growth, including algae, remains of rubbish, fecal matter, untreated sewage, refuse, debris, papers, or any other foreign matter or material that, because of its nature or location, constitutes an unhealthy or unsafe condition.

Quasi-Judicial Decision: A decision involving sworn testimony and the finding of facts regarding a specific application of a development regulation and that requires the exercise of discretion when applying the standards of the regulation. The term includes, but is not limited to, decisions involving variances, special use permits, certificates of appropriateness, and appeals of administrative determinations.

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

Recreational Vehicle Park: Any site or tract of land, of contiguous ownership, upon which fifteen (15) or more recreational vehicles or tent spaces are provided for occupancy per the requirements set forth in this chapter.

Recreational Vehicle Space: A plot of land within a recreational vehicle park designed for the accommodation of one (1) recreational vehicle in accordance with the requirements set forth in this chapter.

Recycling Operation: Any facility used as a drop-off point for household and consumer recyclables, including but not limited to household plastics, glass, mixed paper, and cardboard. Recycling collection centers do not include salvage yards or any other kind of facility that accepts commercial waste, construction and demolition debris, wood debris and other materials suitable for a land clearing and inert debris landfill, hazardous waste, appliances, tires, or yard waste.

Reservation: An obligation to keep property free from development for a stated period. A reservation does not involve the transfer of property rights.

Residence, Multi-Family: Three (3) or more dwelling units placed on top of another or side-by-side and sharing common walls, floors and/or ceilings. The units are generally developed in a unified manner and located on one (1) lot, unless the individual dwelling units are under condominium or townhome ownership. See also "Multi-Family Development."

Residence, Multi-Family Conversion: A multi-family residence containing not more than four (4) dwelling units and results from the conversion of a single building containing at least two thousand (2,000) square feet of the building footprint that was in existence on the effective date of this provision and that was originally designed, constructed, and occupied as a single-family residence.

Residence, Multi-Family Townhouses: A principal structure containing three (3) or more single-family attached dwelling units with each unit on its own individual lot. No dwelling unit may be located over another unit. All townhouse developments shall be subject to multi-family dwelling provisions of the zoning ordinance. For the purposes of this chapter, townhouses are multi-family development.

Residence, Primary with Accessory Apartment: A residential use having the external appearance of a single-family residence but in which there is located a second dwelling unit that comprises not more than twenty-five (25) percent of the building footprint.

Residence, Single-Family Detached, More Than One (1) Dwelling Per Lot: A residential use consisting of two (2) or more single-family detached dwelling units on a single lot.

Residence, Single-Family Detached, One (1) Dwelling Unit Per Lot: A residential use consisting of a single detached building containing one (1) dwelling unit and located on a lot containing no other dwelling units.

Residence, Two-Family (Duplex): A residential use consisting of a building containing two (2) dwelling units. If two (2) dwelling units share a common wall, even the wall of an attached garage or porch, the dwelling units shall be in one (1) building.

Residence, Two-Family Apartment: A two-family residential use other than a duplex, two-family conversion, or primary residence with accessory apartment.

Residence, Two-Family Conversion: A two-family residence resulting from the conversion of a single building containing at least two thousand (2,000) square feet of the building footprint that was in existence on the effective date of this provision and that was originally designed, constructed, and occupied as a single-family residence.

Residential Support Facility: An ancillary use integral to a residential development, such as a pool, clubhouse, etc.

Restaurant: An establishment whose primary purpose is serving meals to patrons. When properly permitted, restaurants may serve alcoholic beverages in quantities regulated by the N.C. Alcoholic Beverage Control Commission. This definition does not include sexually oriented businesses.

Restaurant, Entertainment: An establishment where food and drink are prepared, served, and consumed within a structure that includes, as an integral component of the facility, dancing, musicals, theater, comedy acts, or other live performances. This use does not include sexually oriented businesses.

Retail Sales or Rental: A business principally engaged in offering a category of similar goods or products, as opposed to services, for sale or rental to the public for personal use and not for resale. Examples include but are not limited to grocery stores, hardware stores, pharmacies, clothing shops, toy stores, home furnishings stores, and office supplies stores. This use includes stores that sell a single type of retail item and stores that sell a combination of retail items. This use also includes businesses engaged in the rental of small consumer goods such as videos and DVDs, but it does not include the rental of large equipment or moving trucks and equipment. This use does not include department stores, the sale of large items such as automobiles or farm equipment, or other uses that are listed separately in this chapter.

Retail Services: A business principally engaged in providing a service as opposed to products, to the public. Examples include but are not limited to banks and other financial services; real estate offices; insurance offices; barber shops; beauty shops and salons; shops that repair items such as appliances, shoes, radios, and televisions; dance studios; educational tutoring services; food catering services; photography studios; printing shops; travel agencies; and professional offices such as dental, law, medical, optician's and engineer's offices. This use does not include funeral homes, crematoriums, dry cleaners, laundries, vehicle repair shops, or other uses that are listed separately in this code.

Roadside Stand: A direct marketing operation conducted by a "Mobile Food Vendor" without a permanent structure, comprised of a vehicle, a structure (i.e., a "produce stand") or a combination of both, but in no case, shall a roadside stand be a permanent structure for which a certificate of occupancy is required. Roadside stands shall only offer outdoor shopping and are seasonal in nature.

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

Rooming or Boarding House: See "Boarding House."

Routine Maintenance: Work activities not already listed under minor or major work, and which include ordinary repair and replacement when there is no change in the design, materials, or general exterior appearance of a structure, its grounds or a site when viewed from the street right-of-way.

Salvage Yard: Any non-residential property used for the storage, collection, and/or recycling of any type of equipment or scrap or discarded material, including but not limited to vehicles, appliances, and related machinery. This definition does not include recycling operations conducted entirely within an enclosed building and recycling operations that are accessory to a principal use. This definition includes junkyards and any recycling operation that does not fit into another existing category of use set forth in this chapter.

School: A facility offering a curriculum of instruction which is recognized by a national or regional accrediting agency.

Screening: A fence, wall, hedge, landscaping, earthen berm, buffer area or any combination of these provided to create a visual and/or physical separation between land uses; also referred to as buffering. See "Buffer."

Seating Capacity: The actual seating capacity of an area based upon the number of seats, or one (1) seat per eighteen (18) inches of bench or pew length or as required by the N.C. Building Code.

Setback: A line parallel to or concentric with the street right-of-way or lot line(s), establishing the minimum allowable distance between such right-of-way or line and the nearest portion of any building.

Seventy-two (72) hours: For purposes of this chapter, an item is unlawfully parked, kept or stored on a parcel of property more than seventy-two (72) hours if that item has not been removed from the front or side yard of the property or the street immediately adjacent to that front or side yard during a seventy-two (72) consecutive hour period.

Sexually Oriented Business: Any business or establishment characterized by an emphasis on matters depicting, describing, or relating to specific sexual activities or specific anatomical areas. Sexually oriented businesses include an adult arcade, adult bookstore or adult video store, adult cabaret, adult massage parlor, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, sexual encounter center, or any combination, or any combination of the foregoing and are regulated by Section 17-554 "Sexually Oriented Businesses."

Shooting Range, Outdoor: A facility, including its component shooting ranges, safety fans or shot fall zones, parking areas, all structures for classrooms, administrative offices, ammunition storage areas and other associated improvements, designed for providing a place for the discharge of various types of firearms or the practice of archery.

Shooting Range, Indoor: An area within a building designated and operated for the use of rifles, shotguns, silhouettes, or any other firearm discharge. Skeet shooting, trap shooting, and black powder rifle use are not permitted in an indoor shooting range.

Shopping Center: A building or group of buildings housing retail sales businesses on a unified tract under single or multiple ownerships with a combined building footprint of more than 40,000 square feet, the purpose of which is retail sales.

Shopping Mall: A shopping center in which seventy-five (75) percent or more of the building footprint is accessed from enclosed promenades, walkways, concourses, or courtyards.

Sign: Any device that is sufficiently visible to persons not located on the lot where such device is located to accomplish either of the following objectives:

A.

The device is designed to attract the attention of persons not located on the lot; or

B.

The device is designed to communicate information to persons not located on the lot.

Sight Distance Easement: An easement that grants to the Town the right to maintain unobstructed view across property located at a street or lane intersection.

Single-Family Detached Dwelling: See "Residence, Single Family Detached."

Site or Tract: All contiguous land and bodies of water subject to the regulations of this chapter.

Site Plan: A plan of development submitted to the town to obtain one (1) of the following zoning or land use permits or approvals:

A.

Preliminary or final subdivision plat approval;

B.

Certificate of Zoning Compliance;

C.

Special Use Permit;

D.

Planned Unit Development Plan approval.

Site plans are also required with applications for conditional zoning. Notwithstanding the foregoing, a document that fails to describe with reasonable certainty the type and intensity of use for a specified parcel or parcels of property shall not constitute a site-specific vesting plan or a site plan.

Site-Specific Vesting Plan: A plan of land development submitted to the Town for the purpose of obtaining a statutory vested right.

Sleeping Unit: A room or space in which people sleep, which can also include permanent provisions for living, eating, and either sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.

Solid Waste: Garbage, refuse, and other discarded solid materials.

Special Events: Circuses, fairs, carnivals, festivals, or other types of special events that:

A.

Run for longer than one (1) day but not longer than two (2) weeks;

B.

Are intended to or likely to attract substantial crowds;

C.

Are unlike the customary or usual activities generally associated with the property where the special event is to be located.

Special Mobile Equipment: Any of the following:

A.

A vehicle that has a permanently attached crane, mill, well-boring apparatus, ditch-digging apparatus, air compressor, electric welder, feed mixer, grinder, or other similar apparatus is driven on the highway only to get to and from a non-highway job and is not designed or used primarily for the transportation of persons or property. THE TERM SPECIFICALLY INCLUDES VEHICLES COMMONLY KNOWN AS BUCKET TRUCKS AND DERRICK DIGGER TRUCKS.

B.

A vehicle that has permanently attached special equipment and is used only for parade purposes.

C.

A vehicle that is privately owned, has permanently attached fire-fighting equipment, and is used only for fire-fighting purposes.

D.

A vehicle that has permanently attached playground equipment and is used only for playground purposes.

See G.S. § 105-164.3.

Special Use: A land use that, because of its inherent nature, extent, and external effects, require special care in the control of their location, design, and methods of operation to ensure protection of the public safety and welfare. Special uses require the issuance of a special use permit as defined in this chapter.

Start of Construction: Includes initial site improvement or construction activity pursuant to an issued permit by the Town.

Stormwater Definitions:

A.

Best Management Practice (BMP) (AKA Stormwater Control Structure or Measure, or SCM): 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.

B.

Buffer: An area of natural or planted vegetation through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized, and which provides for filtration of the runoff pollutants. The buffer is measured landward from the normal pool elevation of impounded structures and from the top of the bank of each side of streams, ponds, or rivers.

C.

Built-Upon Area: Areas that include that portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel roads, graveled parking lots and parking areas, recreation facilities (e.g., tennis courts), etc. Note: Wooden slatted decks and the water area of swimming pools are considered pervious.

D.

Composting Facility: A facility in which only stumps, limbs, leaves, grass, and untreated wood collected from yard clearing or landscaping operations is deposited.

E.

Critical Area: The area adjacent to the water supply intake where risk associated with pollution is greater than from the remaining portions of the watershed. The critical area shall extend one (1) mile from the water supply intake or to a ridge line of the watershed, whichever comes first.

F.

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

G.

Engineered Stormwater Control Structure or Measure: A device, building or series of devices or structures designed by a NC registered professional engineer, landscape architect to reduce non-point source inputs to receiving waters in order to achieve water quality protection goals. (See BMPs above.)

H.

Hazardous Material: Any substance listed as such in: SARA Section 302, Extremely Hazardous Substances, CECLA Hazardous Substances, or Section 311 of CWA (oil and hazardous substances).

I.

Protected Area: The remaining portion of a WS-IV watershed exclusive of the critical area.

J.

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, or physical deformation in such organisms of their offspring or other adverse health effects.

K.

Variance (major): A variance within a watershed area that results in either of the following: (1) The complete waiver of a management requirement; or (2) The relaxation, by a factor more than ten (10) percent of any requirement that takes the form of a numerical standard.

L.

Variance (minor): A variance within a watershed area that does not qualify as a major variance.

M.

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, boat houses, docks, and bulkheads. Ancillary facilities such as outlets for boat supplies, parking lots and commercial boat storage areas are not water dependent structures.

N.

Watershed: The entire land area within the Town of Selma's planning and development regulation jurisdiction which contributes surface drainage to the water supply intake of any water treatment plant. See the Official Zoning Map of the Town of Selma.

Street: A public street or a street with respect to which an offer of dedication has been made. See also section Appendix B under "Street Classification."

Street, Half: A street whose centerline coincides with a subdivision plat boundary, with one-half (½) or less of the street right-of-way width being contained within the subdivision plat.

Street Right-of-Way: A strip of land occupied or intended to be occupied by a travel way for vehicles and also available, with the consent of the Town or NCDOT, for installation and maintenance of sidewalks, traffic control devices, traffic signs, street name signs, historical marker signs, water lines, sanitary sewer lines, storm sewer lines, gas lines, power lines, and communication facilities.

Structure: Anything constructed, erected, or placed which requires location on the ground or attachment to something having a fixed location on the ground, including, but not limited to, principal and accessory buildings, signs, fences, walls, monuments, bridges, and towers. Without limiting the generality of the foregoing, the following structures shall be deemed to fall within this description:

A.

Gas pumps and overhead canopies or roofs; and

B.

Fences running along lot boundaries adjacent to public street rights-of-way if such fences exceed six (6) feet in height and are substantially opaque.

Subdivision: The division of a tract of land into two (2) or more lots, building sites, or other divisions when any one (1) or more of those divisions is created for the purpose of sale or building development (whether immediate or future, residential or commercial) and including all divisions of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition nor be subject to the regulations of this chapter applicable strictly to subdivisions:

A.

The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the minimum standards set forth in this chapter;

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 widening or opening of streets or for public transportation system corridors; or

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 minimum standards set forth in this chapter;

E.

The division of a tract into parcels in accordance with the terms of a probate will or in accordance with intestate succession under Chapter 29 of the North Carolina General Statutes.

Temporary Building or Structure: Any building of an impermanent nature, or which is designed for use for a limited time, including any tent or canopy.

Temporary Emergency, Construction, or Repair of Residence: A residence (which may be a manufactured home) that is:

A.

Located on the same lot as a residence made uninhabitable by fire, flood, or other natural disaster and occupied by the persons displaced by such disaster;

B.

Located on the same lot as a residence that is under construction or undergoing substantial repairs or reconstruction and occupied by the persons intending to live in such permanent residence when the work is completed; or

C.

Located on a nonresidential construction site and occupied by persons having construction or security responsibilities over such construction site.

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

Temporary Storage Facility (portable storage facility): A portable container for the temporary storage of personal property, often moved by truck.

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

Thoroughfare Plan: The official plan adopted by the Town for the development of existing and proposed streets.

Tiny House: A single family detached home that is two hundred (200) to six hundred (600) square feet in size (not including any loft space) and complies with the N.C. State Building Code(s). A tiny house on wheels for permanent or temporary occupancy is considered a Recreational Vehicle.

Town: The Town of Selma.

Town Council: The Town of Selma Council.

Tower: Any structure whose principal function is to support an antenna.

Townhouse Dwelling: See "Residence, Multi-Family Townhouses."

Townhouse Lot: A parcel of land intended as a unit for transfer of ownership, and lying underneath, or underneath and around, a townhouse.

Tract: See, "lot." The term tract is used interchangeably with the term lot, particularly in the context of subdivisions, where one (1) "tract" is subdivided into several "lots."

Trees, Canopy: Canopy trees shall be of a species having minimum height of eight (8) feet at planting and a minimum mature height of at least thirty (30) feet and a crown spread of at least twenty (20) feet. At the time of planting, the tree shall have a minimum caliper of one (1) inch measured at four (4) feet above ground.

Trees, Understory: Understory trees shall be of a species having a minimum height of four (4) feet at planting and a minimum mature crown spread of twelve (12) feet. At the time of planting, the tree shall have a minimum caliper of one-half (½) inch measured at two (2) feet above ground. At maturity, understory trees shall be thirty (30) feet or less in height.

Uncover: The removal of groundcover from, on, or above the soil surface

Usable Open Space: See Section 17-1202, "Usable Open Space."

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

Use(s), Accessory: A structure or use that:

A.

Is clearly incidental to and customarily found in connection with a principal building or use;

B.

Is subordinate to and serves a principal building or a principal use;

C.

Is subordinate in area, extent, or purpose to the principal building or principal use served;

D.

Contributes to the comfort, convenience, or necessity of occupants, business, or industry, in the principal building or principal use served; and

E.

Is located on the same zone lot as the principal building or use served.

Use, Mixed: See "Mixed Use."

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

Utility Easement: An easement which grants to a governing body or other utility providers the right to install and thereafter maintain all utilities including, but not limited to, water lines, sewer lines, septic tank drain fields, storm sewer lines, electrical power lines, telephone lines, natural gas lines and communication systems.

Utility Facilities: Any above-ground structures or facilities (other than buildings, unless such buildings are used as storage incidental to the operation of such structures or facilities) owned by a governmental entity, a nonprofit organization, corporation, or any entity defined as a public utility for any purpose by G.S. § 62.3 and used in connection with the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, gas, oil, or electronic signals. Excepted from this definition are utility lines and supporting structures listed in Section 17-406.

Variance: A grant of permission by the Board of Adjustment that authorizes the recipient to do that which, according to the strict letter of this chapter, he or she could not otherwise legally do.

Vehicle Accommodation Area: That portion of a lot that is used by vehicles for access, circulation, parking and loading. It comprises the total of circulation areas, loading and unloading areas, and parking areas.

Waiver: Official permission from any designated body, other than the board of adjustment, to depart from the requirements of this chapter.

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

Warehouse: Storage of goods and materials for either commercial or industrial activity.

Wholesale Sales: On-premises sales of goods primarily to customers engaged in the business of reselling the goods.

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

Wireless Definitions:

A.

Antenna: Communication equipment that transmits, receives, or transmits and receives electromagnetic radio signals used in the provision of all types of wireless communication services.

B.

Base Station: A station at a specific site authorized to communicate with mobile stations, generally consisting of radio receivers, antennas, coaxial cables, power supplies, and other associated electronics.

C.

Collocation: The placement or installation of wireless facilities on existing structures, including electrical transmission towers, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes.

D.

Eligible Facilities Request: A request for modification of an existing wireless tower or base station that involves collocation of new transmission equipment or replacement of transmission equipment but does not include a substantial modification.

E.

Equipment Compound: An area surrounding or near the base of a wireless support structure within which a wireless facility is located.

F.

Fall Zone: The area in which a wireless support structure may be expected to fall in the event of a structural failure, as measured by engineering standards.

G.

Search Ring: The area within which a wireless support facility or wireless facility must be located in order to meet service objectives of the wireless service provider using the wireless facility or wireless support structure.

H.

Substantial Modification: The mounting of a proposed wireless facility on a wireless support structure that substantially changes the physical dimensions of the support structure. A mounting is presumed to be a substantial modification if it meets any one (1) or more of the criteria listed below in [subsections] 1) through 3). The burden is on the local government to demonstrate that a mounting that does not meet the listed criteria constitutes a substantial change to the physical dimensions of the wireless support structure.

1)

Increasing the existing vertical height of the structure by the greater of (i) more than ten (10) percent or (ii) the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet.

2)

Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure the greater of (i) more than twenty (20) feet, or (ii) more than the width of the wireless support structure at the level of the appurtenance.

3)

Increasing the square footage of the existing equipment compound by more than two thousand five hundred (2,500) square feet.

I.

Utility Pole: A structure that is designed for and used to carry lines, cables, or wires for telephone, cable television, or electricity, or to provide lighting.

J.

Verifiable Technical Evidence: Such proof includes but is not limited to independently verifiable propagation studies including modeling data, drive tests and field tests.

K.

Water Tower: A water storage tank, a standpipe, or an elevated tank situated on a support structure originally constructed for use as a reservoir or facility to store or deliver water.

L.

Wireless Facility: The set of equipment and network components, exclusive of the underlying wireless support structure or tower, including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated equipment necessary to provide wireless data and wireless telecommunications services to a discrete geographic facility. This use and definition does not include amateur radio antennas and towers and antennas owned and operated by a government agency. See "Amateur Radio Antenna."

M.

Wireless Support Structure: A new or existing structure, such as a monopole, lattice tower or guyed tower, that is designed to support or capable of supporting wireless telecommunication facilities. A utility pole is not a wireless support structure.

Yard: A required open space other than an interior courtyard, and including space created by any required setbacks, which is unoccupied and unobstructed by any structure or portion of a structure, if fences and other customary yard accessories may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility or any other requirement of this chapter.

Yarding: The practice of providing chickens or other domestic fowl with a fenced yard in which animals can freely roam outside of their coop.

Zoning District: An area defined by this chapter and delineated on the official zoning map, in which the requirements for the use of land, and building, and development standards are prescribed.

Zoning Vested Right: A right pursuant to G.S. § 153A-344.1 to undertake and complete the development and use of property under the terms and conditions of an approved site development plan.

Note— Individual sections of this chapter may contain definitions specific to that section.

(Ord. No. 2021-64-R, 7-13-21)

Whenever a single lot two (2) acres or less in size is located within two (2) or more different zoning districts, the district regulations applicable to the district within the larger portion of the lot lines shall apply to the entire lot.

Whenever a single lot greater than two (2) acres in size is located within two (2) or more zoning districts, then:

A.

If each portion of the lot located within a separate district is equal to or greater than the minimum lot size for that district, then each portion of the lot shall be subject to all the regulations applicable to the district in which it is located.

B.

If any portion of the lot located within a separate district is smaller than the minimum lot size for that district, then such smaller portion shall be regarded as if it were in the same zoning district as the nearest larger portion to which it is attached.

This section applies only to lots created on or before the effective date of this chapter unless the Board of Adjustment, in a proceeding under Section 17-1404, "Interpretations," to determine district boundaries, concludes that a lot established after the effective date of this section was not created to bring additional lot area within a more intensive zoning district, or otherwise to take unfair or unwarranted advantage of the provisions of this section.

(Ord. No. 2021-64-R, 7-13-21)