For the purpose of this chapter, certain words or terms used herein shall be interpreted as follows:

(1)

Words used in the present tense include the future tense.

(2)

Words used in the singular shall include the plural and words used in the plural shall include the singular.

(3)

The word "person" includes a firm, copartnership, company, organization, trust, association, or corporation, as well as an individual.

(4)

The word "lot" includes the words "plot," "site," "parcel," or "tract."

(5)

The word "building" includes the word "structure."

(6)

The word "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."

(7)

The word "shall" is always mandatory.

(8)

The word "may" is permissive.

(Code 1988, § 11-3.01)

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:

Accessory use. See Use, accessory.

Adult arcade means any place to which the public is permitted or invited wherein coin-operated or token-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to one or more persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

Adult bookstore means as defined in G.S. 14-202.10(1) which is incorporated herein by reference.

Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment that, for at least ten percent of its business hours in any day, features:

(1)

Persons who appear in a state of nudity or seminudity;

(2)

Live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities;

(3)

Films, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or

(4)

Persons who engage in lewd, lascivious or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.

Adult escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person for the purpose of participating in, engaging in, providing, or facilitating specified sexual activities.

Adult escort agency means a person or business that furnishes, offers to furnish, or advertises to furnish adult escorts as one of its business purposes for consideration.

Adult establishment means as defined in G.S. 14-202.10(2) which is incorporated herein by reference.

Adult live entertainment means as defined in G.S. 14-202.10(3) which is incorporated herein by reference.

Adult live entertainment business means as defined in G.S. 14-202.10(4) which is incorporated herein by reference.

Adult media center includes, but is not limited to, an adult bookstore and an adult video store and means any place:

(1)

Which receives more than 50 percent of its gross income during any calendar month from the sale, rental, or both of books, periodicals, magazines, videotapes, CD-ROMs, computer software, movies, and other products offered in photographic, print, electronic, magnetic, or digital or other imaging medium which are distinguished or characterized by their emphasis on matter depicting, describing, or presenting specified anatomical areas as defined in G.S. 14-202.10(10), or specified sexual activities as defined in G.S. 14-202.10(11), or sexually oriented devices as defined in G.S. 14-202.10(9), or any combination thereof.

(2)

Has more than 25 percent of its merchandise inventory consisting of books, periodicals, magazines, videotapes, CD-ROMs, computer software, movies, and other products offered in photographic, print, electronic, magnetic, or digital or other imaging medium which are distinguished or characterized by their emphasis on matter depicting, describing, or presenting specified anatomical areas as defined in G.S. 14-202.10(10), or specified sexual activities as defined in G.S. 14-202.10(11), or sexually oriented devices as defined in G.S. 14-202.10(9), or any combination thereof.

(3)

Which is a commercial establishment and may have other business purposes on the same building site that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as adult media center. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult media center so long as one of its business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas.

Adult mini motion picture theater means as defined in G.S. 14-202.10(6) which is incorporated herein by reference.

Adult motel means a hotel, motel or similar commercial establishment that:

(1)

Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmission, films, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way that advertises the availability of this adult type of photographic reproductions;

(2)

Offers a sleeping room for rent for a period of time that is less than 12 hours; or

(3)

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 12 hours.

Adult motion picture theater means as defined in G.S. 14-202.10(5) which is incorporated herein by reference.

Adult theater means a theater, concert hall, auditorium, or similar commercial establishment that for at least ten percent of its business hours in any day, features persons who appear in a state of nudity or live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities.

Adult video store means a commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion picture, videotapes or videocassettes, video reproductions, CD-ROMs, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or any combination thereof.

Bank means a building, property or activity, the principal use or purpose of which is the provision of financial services including, at a minimum, the operation of indoor and outdoor teller windows for the intake and dispersement of funds, including cash, to and from customer financial accounts, including individual checking, savings, or credit accounts.

Banner means any cloth, bunting, plastic, paper, or similar nonrigid material attached to any structure, staff, pole, rope, wire, or framing. Banners are temporary in nature and do not include flags.

Bedroom means a room designated as sleeping or bedroom on the plans and permit application.

Buffer strip means a device of material and/or space used to provide sight and sound screening from adjoining properties. The required height and width of the buffer strip and the materials used in its construction may vary according to use. Vegetated buffer strips shall be composed of evergreen trees and shrubs.

Building means any structure used or intended for supporting or sheltering any use or occupancy.

Building, accessory, means a subordinate building consisting of walls and a roof, the use of which is clearly incidental to that of the principal building on the same lot, even where the accessory building is attached to the principal structure by breezeways, covered walkways, walkways, or other structures not constituting enclosed living space.

Building inspector means a code enforcement officer who is appointed by the town manager to perform the function, in whole or in part, of a building inspector as authorized by this chapter.

Building, principal, means a building in which is conducted the principal use of the lot on which it is located.

Building setback line means a line parallel to or concentric with the street right-of-way establishing the minimum allowable distance between such right-of-way and the nearest portion of any building, excluding the outermost three feet of any uncovered porches, steps, gutters and similar fixtures.

Child day care means any child care arrangement where three or more children, less than 13 years old, receive care away from their own home by persons other than their parents, grandparents, aunts, uncles, brothers, sisters, first cousins, guardians or fulltime custodians, or in the child's own home where other unrelated children are in care.

Child day care center means any child care facility which provides care for more than six children, other than the provider's own children, under the age of 13 years on a regular basis of at least once per week for more than four hours per day but less than 24 hours per day, regardless of the time of day and regardless of whether the same or different children attend.

Child day care, small home, means a child care facility in which care is provided in the provider's home for a maximum of six children, other than the provider's own children, under the age of 13 years. A small child day care home shall not be deemed a home occupation as provided in this section.

Code enforcement officer means one or more persons appointed by the town manager to perform the function, in whole or in part, of the code enforcement officer as authorized by this chapter.

Communications tower, municipal and fire station means a customary accessory structure to a fire station or municipal building consisting of a tower 80 feet or less in height measured from ground level to the highest point which provides emergency, municipal, fire and/or police communications services only.

Community beach access means beach access ocean dune platforms, walks, ramps (including Hatteras ramps), steps, sidewalks and related accessories such as bike racks, parking areas, flagpoles and signage owned or operated by a not-for-profit entity which is constructed for, open to, and available for use by property owners, members, and their guests or by the town.

Community recreational facilities means a recreational facility owned and operated by a not-for-profit entity which is constructed for, open to, and available for use by members, property owners, and their guests.

Condominium means ownership in common with others of a parcel of land and certain parts of a building thereon which would normally be used by all the occupants together with individual ownership in fee simple of a particular unit in such building.

Country club means a private recreational facility which is open to members and their guests and shall include a golf course and clubhouse. A swimming pool, tennis courts, and meal services may also be provided.

Delicatessen means a retail store with no customer seating specializing in the sale of prepared cooked meats, smoked fish, cheeses, sandwiches and other specialty food items.

Drive-in restaurant orrefreshment stand means any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages on the premises.

Drive-through facility or establishment (large) means a customer service facility located on a lot greater than or equal to two and one-half acres within the principal structure, which is intended to enable the customer to transact business with a customer service person located within the principal structure without exiting the motor vehicle. It is presumed that the motor vehicle exits the premises immediately upon the transaction of business.

Drive-through facility or establishment (small) means a customer service facility located on a lot less than 20,000 square feet within the principal structure, which serves items over a general service counter for the customer to carry to a small seating area, to a motor vehicle, or off-premises.

Driveway means private driveway, road, field road, or other traveled way or path, that allows motorized vehicle access from a public highway, town road, or a private road to one or more buildings located or to be constructed on adjacent lands.

Dwelling means any building, structure, manufactured home, or mobile home, or part thereof, used and occupied for human habitation or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith. The term does not include any manufactured home, mobile home, or recreational vehicle, if used solely for a seasonal vacation purpose.

Dwelling, large home, means any residential structure exceeding the maximum size, maximum transient occupancy capacity or maximum septic capacity for such structures in the zoning district in which it is located. Large home dwellings are not a permitted use in any zoning district.

Dwelling, multifamily, means a building or portion thereof used or designed as a residence for three or more families living independently of each other and doing their own cooking therein, including apartment houses and condominiums.

Dwelling, single-family, means a detached building designed for or occupied exclusively by one family.

Dwelling, two-family (duplex), means a detached building, divided horizontally or vertically, and designed for or occupied by two single-family housekeeping units contained entirely under one roof and having one dividing partition common to each unit, or having the ceiling structure of the lower unit and the floor structure of the unit above.

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

Enclosed living space. See living space.

Establishment means that portion of a building owned or held through tenancy used for the purpose specified.

Event facility means an establishment, structure or property designed, maintained, advertised or actually used for the primary purpose of hosting pre-planned events. The term "events", includes, but is not limited to, private parties, community uses, weddings, rehearsal dinners, corporate meetings, retreats, sporting events, cultural events, musical events, celebrations, festivals, fairs, carnivals, circuses or similar events that are planned in advance of their occurrence. The term "community uses" means meetings of charitable, political, governmental or civic groups. The term "private parties" means events that are not open to the public, and are held by or on behalf of an individual or organization for the primary purpose of socializing or gathering. On site sales of food and/or beverages at an event facility shall constitute a restaurant as defined in section 36-57 which shall require a special use permit. The term "event facility" does not include the use of a residential structure or property on which a residential structure is located for noncommercial social gatherings or for traditional family events. The term "traditional family events" includes, but is not limited to, holiday parties and meals, birthday parties, funeral services, religious ceremonies and weddings for family members related by blood or marriage to: (i) any of the individual holders of legal title to the property; (ii) a majority of the owners of a business entity holding legal title to the property; or (iii) the beneficiaries of a trust holding legal title to the property.

Family means one or more persons occupying a single-family dwelling unit, provided that unless all members are related by blood or marriage or that the dwelling unit is being used as a vacation rental under the North Carolina Vacation Rental Act (G.S. Ch. 42A), then no such family shall contain more than five persons.

Fill material means material that is of substantially similar composition to the soils present on the lot being filled and shall not include debris, organic material, or be finished with soils or materials that will adversely affect the absorption of precipitation. Materials for landscaping shall not be included in this definition.

Finished area. See living space.

Finished area ratio means the finished area divided by the land area.

Flag means any symbol or words printed or painted on cloth plastic, canvas, or other like material with distinctive colors, patterns, or symbols attached to a pole or staff and anchored along only one edge or supported or anchored at only two corners.

Footprint means an area as located on the ground directly beneath a structure, as measured on the vertical plane along the outside perimeter of the structure, including the areas of any raised, elevated, or cantilevered portions of the structure located on or above the ground or on pilings.

Ground elevation, average, means the average elevation of the finished grade or the original grade, whichever is lower, at the corners of the structure.

Ground elevation, lowest, means the lowest elevation of the finished grade or the original grade, whichever is lower, at the corners of the structure.

Group development means multiple principal buildings on a single lot.

Group development, residential, means detached single-family or townhouses on individual lots less than 20,000 square feet permitted only in the RS-10 district.

Habitable floors and stories means enclosed living space within a structure located below the top plate.

Habitable space. See living space.

Height, maximum, means the vertical distance measured from the lowest ground elevation to the top of the tallest part of a structure.

Height, top plate, means the vertical distance measured from the average ground elevation to the top of the highest top plate.

Home occupation/home-based business means a business, profession, occupation or trade conducted for gain or support within a residential dwelling. See article VIII of this chapter, pertaining to home occupation/home based business regulations.

Ice vending structure (automated) means an enclosed, free standing, unmanned structure that produces and vends bagged and bulk ice.

Indoor entertainment means performances, entertainment, or presentations consisting of or using electric or electronic amplified sound by live entertainers, or by prerecorded media, presented before audiences or customers. Sexually oriented business activities and adult live entertainment are specifically excluded from this indoor entertainment definition.

Indoor entertainment facilities means facilities as a part of, or included in the design or plan of, a building or structure to accommodate indoor entertainment as a principal or accessory use. Indoor entertainment facilities must be constructed to meet noise buffering requirements of the zoning district where located.

Land area means the net acreage of a lot.

Living space means enclosed conditioned areas within a structure that are designed or constructed for human habitation. All conditioned areas within a structure are presumed to be constructed for human habitation unless affirmatively shown to be to the contrary in a manner such that the use of the area cannot be modified, i.e. a conditioned wine cellar or refrigerated storage area.

Lot means any piece or parcel of land entirely within the town, the boundaries of which have been established by some legal instrument of record, which fronts on and has ingress and egress by means of a public right-of-way or a town approved private street and which is occupied or intended to be occupied by a building or group of buildings as provided herein with the customary accessories and open spaces. For the purposes of this chapter only that area within the town will be considered as a single lot.

Lot area means the total surface areas included within the lot line measured on a horizontal plane.

Lot, corner, means a lot which at least two adjoining sides abut for their full lengths on a street, provided that the interior angle at the intersection of two such sides is less than 135 degrees.

Lot coverage means that portion of the lot area, expressed as a percentage, that is occupied and obstructed by any structure above the ground including, but not limited to, building, decks, pools, parking areas, accessways, private sidewalks, driveways, and roadways, and any accessory use or structure requiring location on or above the ground. Government owned and maintained sidewalks and multipurpose pathways located on private property are excluded from the calculation of lot coverage.

Lot depth means the average distance from the street line of the lot to its rear line measured in a general direction of the side lines of the lot.

Lot lines means the lines bounding a lot as defined herein:

(1)

Lot line, front. The line separating said lot from that street which is designated as the front street on the building permit, certificate of occupancy or subdivision plat.

(2)

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, not less than 30 feet long and wholly within the lot.

(3)

Lot line, side. A side lot line is any lot boundary line not a front lot line or rear lot line.

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

Lot width means the minimum horizontal distance between the side lot lines of a lot measured from the front lot line at right angles to the rear lot line.

Medical clinic means a building or structure or portion thereof where medical services are provided for outpatients only.

Mobile home (include doublewide and triplewide homes) means a preassembled dwelling unit built on a chassis, with body width exceeding eight feet and body length exceeding 32 feet, designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities. A travel trailer is not to be considered a mobile home.

Modular homes means a factory fabricated transportable building designed to be used by itself or to be incorporated with similar units at a building site into a modular structure. The term is intended to apply to major assemblies and does not include prefabricated panels, trusses, plumbing trees, and other prefabricated sub-elements which are to be incorporated into a structure at the site.

Motel means any group of separate or connected dwelling units or lodging units used for the purpose of accommodating transient guests whether designated as a motel, hotel, inn, motor lodge, or otherwise.

Net acreage means total area to be developed minus any area covered by waterways, marshes or wetlands.

Nude model studio means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. There is excepted from this definition any studio which is part of a school for artists who are regularly enrolled in a course of instruction in the arts, and in which the use of nude models involves less than ten percent of the course hours.

Nudity or state of nudity means the appearance of a human bare buttock, anus, male genitals, female genitals, or female breast without a fully opaque complete covering of the breast below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state even if completely and opaquely covered.

Ocean dune platform means a platform constructed on the frontal dune.

Oceanfront setback means a line which is shoreward from the mean high water line of the Atlantic Ocean seaward of which no structure may be located unless approved by the town council as required for beach access or pier construction under the conditional use provisions of this chapter.

Open space means an unoccupied space open to the sky.

Open storage means an unroofed storage area, whether fenced or not.

Parking space means a vehicular storage space plus the necessary access space.

Pennant means a triangular or irregular piece of fabric or other material, commonly attached in strings or strands, or supported on small poles intended to flap in the wind.

Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.

Planned unit development means complete development of land which is under central control or for which central control mechanisms have been established. The plan will be in accordance with such guides and objectives as may be established by the planning board and town council in article IX of this chapter.

Post means to erect, attach, or affix in any manner, including without limitation nailing, tacking, tying, gluing, pasting, painting, staking, marking, or writing.

Public right-of-way means the entire area between property boundaries, which is owned by a government, dedicated to public use, or impressed with an easement for public use; which is primarily used for pedestrian or vehicular travel; and which is publicly maintained, in whole or in part, for such use; and includes without limitation the street, gutter, curb, shoulder, sidewalk, sidewalk area, parking or parking strip, planting strip, and any public way.

Recreational equipment means boats and boat trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like.

Restaurant means a business engaged in the service of food and beverages to patrons seated inside a building, on a deck as delineated in a site plan approved by the town or in a vehicle at a drive-through facility. To qualify as a restaurant, an establishment shall have all the following:

(1)

A food preparation area occupying at least 20 percent of the gross square footage of the establishment;

(2)

At least 75 percent of all customer seats designated for either fast casual or full-service, full-menu, dining; and

(3)

No more than 15 percent of the total square footage of the establishment devoted to the following permitted accessory entertainment uses, including and limited to; dance floor, stage, live performance and disc jockey areas. Accessory entertainment uses referenced in this definition shall be permitted in a restaurant provided these uses are clearly subordinate in area, extent, hours of operation, and purpose to areas designated for food preparation, service, and consumption.

Retail shopping center means a commercial structure which includes or is designed to include two or more establishments with combined floor area of at least 20,000 square feet planned for a single or contiguous lot or parcel.

Seminude means a state of dress in which clothing covers no more than the human bare buttock, anus, male genitals, female genitals, or female breast without a fully opaque complete covering of the breast below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state even if completely and opaquely covered.

Sexual encounter center means a business or commercial enterprise that, as one of its business purposes, offers for any form of consideration:

(1)

Physical contact by customers in the form of wrestling or tumbling between persons of the opposite sex; or

(2)

Activities between male and female persons, or persons of the same sex when one or more of the persons is in a state of nudity or seminudity.

Sexually oriented business means a business which offers its customers or patrons any device, activity or demonstration depicting specified sexual activities, or which is intended to appeal to sexual interests, titillation or arousal of the customer or patron. A sexually oriented business shall include an adult establishment as defined in G.S. 14-202.10(2) and, in addition, without limitation: adult arcade, adult bookstore, adult video store, adult cabaret, adult media center, adult live entertainment business, adult motel, adult motion picture theater, adult mini motion picture theater, adult theater, adult escort agency, nude model studio, and sexual encounter center.

Sexually oriented business activities means those activities usually provided for, promoted, or offered by a sexually oriented business as defined herein, whether or not, as the principal business purpose or as a sideline or accessory business purpose and whether or not in connection with or on the same premises with a business which is not a sexually oriented business.

Sexually oriented devices means as defined in G.S. 14-202.10(9) which is incorporated herein by reference.

Sign means any writing, pictorial representation, illustration, decoration (including any material used to differentiate sign copy from its background), landscaping form, emblem, symbol, design, trademark, banner, flag, captive balloon, streamer, spinner, ribbon, sculpture, statue, or any other figure or character that:

(1)

Is a structure or any part thereof (including wall of a building); or

(2)

Is written, printed, projected, painted, constructed, or otherwise placed or displayed upon or designed into landscaping or a structure or a board, plate, canopy, awning, marquee, or vehicle, or upon any material object or device whatsoever; and

(3)

By reason of its form, color, wording, symbol, design, illumination or motion, attracts or is designed to attract attention to the subject thereof; but

(4)

Landscaping constitutes a sign only to the extent that it is planted, trimmed, graded, arranged, or installed in such a manner as to convey an explicit commercial message.

Sign, permanent, means a sign attached or affixed to a building, window, or structure, or the ground in a manner that enables the sign to resist environmental loads, such as wind, and that precludes ready removal or movement of the sign and whose intended use appears to be indefinite.

Sign, temporary, means a portable sign, or any sign not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground. A temporary sign:

(1)

Is intended for a temporary period;

(2)

Is typically constructed from nondurable materials, including paper, cardboard, cloth, plastic, and/or wallboard;

(3)

Does not constitute a structure subject to the town's building code and zoning code provisions.

Sign, vehicle, means a permanent or temporary sign affixed, painted on or placed in or upon any parked vehicle, parked trailer or any parked device capable of being towed, which is displayed in public view under such circumstances as to location on the premises, time of day, duration, availability of other parking space on the premises, and the proximity of the vehicle to the area on the premises where it is loaded, unloaded or otherwise carries out its principal function, which circumstances indicate that the primary purpose of said display is to attract the attention of the public rather than to serve the business of the owner thereof in the manner which is customary for said vehicle.

Special use permit means a permit issued to authorize development or land uses in a particular zoning district upon presentation of competent, material, and substantial evidence establishing compliance with one or more general standards requiring that judgment and discretion be exercised as well as compliance with specific standards. The term includes permits previously referred to as conditional use permits or special exceptions.

Specified anatomical areas means as defined in G.S. 14-202.10(10) which is incorporated herein by reference.

Specified sexual activities means as defined in G.S. 14-202.10(11) which is incorporated herein by reference.

Street means any permanently dedicated public right-of-way which has been accepted for maintenance by the state department of transportation or the town or, any other open area providing the principal means of access for vehicles or pedestrians from a public right-of-way to a building or use of land and which has been approved by the town council as a street to satisfy the requirements of this chapter.

Structure means anything constructed or erected, the use of which requires location of the ground, or attachment to something having location on the ground.

Substantial improvement means any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during any one-year period for which the cost equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. The one-year period shall be based on the date a certificate of occupancy is issued for the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

(1)

Any correction of existing violations of state or community health, sanitary, or safety code specifications which have been identified by the community code enforcement official and which are the minimum necessary to ensure safe living conditions; or

(2)

Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure and the alteration is approved by variance issued pursuant to section 39-367.

Swimming lessons means a period of instruction in teaching a person to propel through water by means of movement of the body. A residential service, which shall not be deemed a home occupation as provided in this section.

Swimming pool means any structure intended for swimming or recreational bathing that contains waters over 24 inches deep. This includes in-ground, aboveground and on-ground pools, hot tubs and spas.

Top plate means the point at which the structural wall framing and the structural roof framing join together at the top of the uppermost habitable floor. When a building is designed with top plates at more than one horizontal level, the uppermost plate is the one referred to and regulated by this chapter.

Tourist-oriented directional signs (TODS) means guide signs that display the business identification of and directional information for tourist-oriented businesses and tourist-oriented facilities (as defined in G.S. 136-140.15) or for a class of businesses or facilities that are tourist-oriented.

Townhouse means a single-family dwelling unit on its own individual lot but connected, by means of a common wall for at least ten feet of its length, to one or more other single-family dwelling unit. No more than six such dwelling units may be attached in a single group.

Trailer includes any of the following:

(1)

Travel trailer. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses.

(2)

Pickup coach. A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, and vacation.

(3)

Motor home. A portable, temporary dwelling to be used for travel, recreation, and vacation, constructed as an integral part of a self-propelled vehicle.

(4)

Camping trailer. A folding structure of canvas or other material mounted on wheels and designed for travel, recreation and vacation use.

Transient occupancy, means overnight occupancy in a residential structure for periods of less than 30 days for vacation, leisure, recreation or other purposes by a person or persons who have a place of residence to which they intend to return including when such property or structure is offered in whole or in part for rent or use by the day, week, or other period of less than 30 days.

Use means:

(1)

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

(2)

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

Use, accessory, means a building, structure or use which meets all of the following criteria:

(1)

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

(2)

It is subordinate to and serves a principal building or principal use served;

(3)

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

(4)

It contributes to the comfort, convenience or needs of occupants, or business in the principal building or the principal use served;

(5)

It is located on the same lot as the principal building or use; and

(6)

It is not a sexually oriented business or a sexually oriented business activity.

Use, nonconforming, means a use of building or land which does not conform with the regulations of the district in which such building or land is situated but was lawful before adoption of this chapter.

Vacation cottage, means the use of a property and associated single-family dwelling in whole or in part for any part of a calendar year for the purpose of transient occupancy. Any property or structure advertised in a manner meeting the definition of vacation cottage shall be presumed to be actually in use as a vacation cottage.

Variance means a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardships.

Yard means a required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure, from 30 inches above the ground level of the graded lot upward, provided, however, that eaves, fences, walls, poles, posts, ocean dune platforms, walks, accessible ramps, steps and other customary yard accessories, ornaments, and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility or any other requirements of this chapter.

(1)

Yard, front. A yard extending between side lot lines across the front of a lot adjoining the public street. Depth of required front yard shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Front and rear yard lines shall be essentially parallel.

(2)

Yard, rear. A yard extending across the rear of the lot between side lot lines. Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line.

(3)

Yard, side. A yard extending from the rear line of the required front yard to the rear yard. Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line.

Zoning administrator: A person who is appointed by the town manager and is responsible for administering and enforcing this chapter.

Zoning permit: A permit issued by the zoning administrator which authorizes the recipient to make use of property in accordance with the requirements established in this chapter.

(Code 1988, § 11-3.02; Ord. No. 01-10-016, pt. I, 10-2-2001; Ord. No. 02-06-019, pt. II, 6-25-2002; Ord. No. 05-04-03, art. III, 5-3-2005; Ord. No. 05-08-02, art. III, 11-1-2005; Ord. No. 06-11-01, art. III, 11-8-2006; Ord. No. 2006-09-02, art. III, 11-28-2006; Ord. No. 2007-05-01, art. III, 6-5-2007; Ord. No. 2007-07-01, art. III, 8-7-2007; Ord. No. 2009-08-01, pt. VI, 1-5-2010; Ord. No. 2011-01-01, art. VIII, pt. I, 1-4-2011; Ord. No. 2011-04-01, art. III, pt. I, 4-5-2011; Ord. No. 2011-12-01, art. III, pt. I, 12-6-2011; Ord. No. 2012-02-01, art. III, pt. I, 2-7-2012; Ord. No. 2013-03-01, art. III, pt. I, 3-5-2013; Ord. No. 2013-06-02, art. III, pt. I, 6-18-2013; Ord. No. 2016-01-01. art. III, pt. I, 1-22-2016; Ord. No. 2016-01-02, art. III, pt. I, 1-22-2016; Ord. No. 2016-01-04, art. III, pt. 1, 1-22-2016; Ord. No. 2017-12-02, art. III, pt. I, 12-5-2017; Ord. No. 2018-05-02, art. III, pt. I, 6-5-2018; Ord. No. 2019-05-02, art. III, pt. 1., 5-7-2019; Ord. No. 2019-11-01, art. III, pt. I, 11-6-2019; Ord. No. 2021-07-01, art. III, pt. I, 7-6-2021; Ord. No. 2022-08-01, art. III, pt. I, 8-2-2022; Ord. No. 2022-10-01, art. III, pt. I, 9-19-2022; Ord. No. 2023-02-01, art. III, pt. I, 2-7-2023; Ord. No. 2023-06-03, art. III, pt. I, 6-6-2023; Ord. No. 2024-07-01, art. III, pt. II, 5-20-2024)