This chapter shall be known and may be cited as the "Zoning Code."

(Code 1978, § 12.83; Code 1995, § 156.001; Ord. of 1-10-1972)

The board of aldermen, pursuant to the authority conferred by G.S. Ch. 160A and 160D [Local Planning and Development Regulation], does hereby ordain and enact into law the following [provisions of this chapter].

(Code 1978, § 12.82; Code 1995, § 156.002; Ord. of 1-10-1972; Ord. No. (2021)1, 6-28-2021)

The zoning regulations and districts (conventional and overlay) as herein set forth have been made in accordance with a comprehensive plan and are designed to lessen congestion in the street; to secure safety from fire, panic and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. These regulations have been made with reasonable consideration, among other things, as to the character of each zoning district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the town.

(Code 1978, § 12.81; Code 1995, § 156.003; Ord. of 1-10-1972; Ord. No. (2021)1, 6-28-2021)

On and after the effective date of this chapter, these regulations shall govern the use of all lands lying within the town's planning and development regulation jurisdiction [Town of Spring Lake corporate limits and extraterritorial jurisdiction (ETJ)].

(Code 1978, § 12.84; Code 1995, § 156.004; Ord. of 1-10-1972; Ord. No. (2021)1, 6-28-2021)

(a)

Bona fide farms. The provisions of this chapter do not apply to bona fide farms. This chapter does not exercise controls over crop lands, timber lands, pasture lands, or other farm lands, nor over any farm house, barn, poultry house, or other farm buildings, including tenant or other houses for persons working on such farms, as long as such houses shall be in the same ownership as the farm and located on the farm. Such agricultural uses maintain the openness of the land and achieve the purposes of this chapter without the need for regulation. Per G.S. § 160D-903, residences which are not occupied by the owner, lessee, or operator and other non-farm uses shall be subject to the provisions of this chapter.

(b)

Permit choice. Per G.S. 160D-108(b), if this chapter is amended between the time a development permit application was submitted and a development permit decision is made or if this chapter is amended after a development permit decision has been challenged and found to be wrongfully denied or illegal, G.S. 143-755 applies.

(Code 1978, § 12.85; Code 1995, § 156.005; Ord. of 1-10-1972; Ord. No. (2021)1, 6-28-2021)

The district regulations shall be enforced and interpreted according to the following rules:

(1)

Uses by right. All uses of property shall be prohibited except those which are permitted under the terms of this chapter as permitted uses and nonconforming uses. Special use permits are permitted according to specific criteria and approval of the board of aldermen.

(2)

Minimum provisions. Provisions set forth by this chapter shall be minimum provisions. If the district requirements set forth in this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or higher criteria shall govern.

(3)

Fractional requirements. When any requirement of this chapter results in a fraction of a unit, a fraction of one-half or more shall be considered a whole unit and a fraction of less than one-half shall be disregarded. When the determination of the number of dwelling units permitted on a lot results in a fraction of a dwelling unit, a fraction of one-half or more shall be considered a dwelling unit and a fraction of less than one-half shall be disregarded.

(Code 1978, § 12.117; Code 1995, § 156.006; Ord. of 1-10-1972; Ord. No. 2007-5, § 156.006, 11-26-2007; Ord. No. (2021)1, 6-28-2021)

The regulations set forth in this chapter affect all land, every structure and every use of land and/or structures, and shall apply as follows:

(1)

Zoning affects every building and use. No building or land shall hereafter be used and no building or part thereof shall be erected, moved or altered unless in conformity with the provisions of this chapter.

(2)

Completion of existing buildings. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued. If any amendment to this chapter is hereafter adopted changing the boundaries of districts, the provisions of this subsection shall apply in the same manner as when originally adopted.

(3)

Conforming uses or structures. After the effective date of this chapter, any existing building or use of land or buildings which conforms with the regulations for the district in which it is located may continue without a specific permit. Any subsequent structural alteration or change in use shall conform with the regulations herein specified.

(4)

Special developments. Group developments, zero lot line developments, condominium developments and townhouse developments may be exempt from the district dimensional provisions of this chapter, provided the development conforms with chapter 36, subdivisions, and the overall density is maintained for the district in which it is located.

(Code 1978, § 12.118; Code 1995, § 156.007; Ord. of 1-10-1972; Ord. No. 2007-2, § 156.007, 11-26-2007)

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:

Administrative decision means decisions made in the implementation, administration, or enforcement of development regulations that involves the determination of facts and the application of objective standards set forth in this ordinance. These are sometimes referred to as "ministerial" decisions or "administrative determinations."

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

Administrative officer means the person, officer, or official or his authorized representative, whom the board of aldermen has designated as its agent for administration of this chapter.

Abutting/contiguous means having property or district lines in common, i.e., two lots are abutting if they have any portion of any property line in common. Lots are also considered to be abutting if they are directly opposite each other and separated by a street, alley, railroad right-of-way or stream.

Access means a way of approaching or entering a property. Access also includes ingress, the right to enter and egress, and the right to leave.

Accessory structure or use means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

Alley means a public or private right-of-way primarily designed to serve as a secondary access to the side or rear of those properties whose principal frontage is on a street and is not intended for general traffic.

Amphitheatre means a freestanding, open-air round or oval structure with a central arena and tiers of concentric seats.

Ancillary sale means where a grocery store, supermarket, convenience store or similar market uses no more than two percent of its gross floor area, or 200 square feet, whichever is less, for the display, sale, distribution, delivery, offering, furnishing, or marketing of conventional cigars, cigarettes or tobacco. For any grocery store, convenience market, retail kiosk or similar use consisting of 250 square feet or less, "ancillary sale" shall mean where no more [than] five square feet are used for the display, sale, distribution, delivery, offering, furnishing, or marketing of conventional cigars, cigarettes or tobacco. The display, sale, distribution, delivery, offering, furnishing, or marketing of e-cigarettes or any other tobacco products or tobacco paraphernalia, regardless of square footage used, is subject to the restrictions of this section and shall not constitute "ancillary sale" under any circumstances.

Ancillary use means that which is commonly subordinate to or incidental to a principal or primary use. Also see "accessory structure or use."

Automobile service station means a building or lot where gasoline, oil, grease, and accessories are supplied and dispensed to the motor vehicle trade and where battery charging, tire repair, and minor mechanical services are rendered.

Automobile wrecking yard means any lot that has three or more unregistered and nonfunctional vehicles for the buying, selling, or dealing in used vehicles of a type required to be licensed under the laws of this state, for the purpose of wrecking, dismantling, [or] disassembling such vehicles to obtain secondhand parts or component materials thereof, in whole or in secondhand parts, including processing automobiles for scrap involving crushing, smashing, baling, burning or reduction of metal for industrial consumption.

Bars and nightclubs means establishments including private clubs, sports bars/clubs etc., that may be licensed to sell alcoholic beverages to be consumed on the premises and do not meet the criteria to be a restaurant, and does not include any use that qualifies to be regulated under section 42-91.

Berm means any elongated earthen mound designed or constructed to separate, screen or buffer adjacent land uses.

Bona fide farm purposes means those agricultural activities set forth in G.S. 160D-903.

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

Buildable area (buildable envelope) means the space remaining on a lot after the minimum open space requirements (yards, setbacks, etc.) have been met.

Building setback line means the minimum distance from all property and/or right-of-way lines to the closest projection of the exterior face of buildings, walls or other forms of construction (i.e., decks, landings, terraces, and porches, etc.).

Buffer means a maintained sight-obscuring fence, wall, or vegetated earth berm, or a sight-obscuring hedge or other natural plantings of comparable opacity, or a combination of the above, as further specified in section 42-228, Buffers. The purpose of such is to provide a transition between developments, in order to protect each development from possible negative effects likely to be caused by or associated with each other.

Campground (recreational vehicle park or (RV park) means land upon which shelters (such as tents, travel trailers and recreational vehicles) are erected or located for occupation by transients and/or vacationers. They may include such permanent structures and facilities as are normally associated with the operation of a campground. (Section 42-66).

Certificate of occupancy means the official certification that a premise conforms to the provisions of this chapter (and N.C. Building Code) and may be used or occupied. Such a certificate is granted for new construction or for alterations or additions to existing structures or a change in use upon completion of the building or site final inspection. Unless such a certificate is issued, a structure cannot be occupied or a new use commenced, but a certificate may be issued for a portion of a structure ready for occupancy, such as separate dwelling or commercial units in a structure with multiple units.

Change of use means changing the original purpose of a building to a different use or changing the lot configuration due to changed requirements (e.g., adding display or storage areas).

Code enforcement officer. [See "administrative officer"].

Community water and/or sewer means municipal, sanitary, district, and privately owned water and/or sewer systems as regulated and controlled by the North Carolina Utilities Commission, the North Carolina State Board [Division] of [Public] Health and the Cumberland County Health Department.

Comprehensive plan means a comprehensive plan that has been officially adopted by the board of aldermen pursuant to G.S. 160D-501.

Conditional use. See "special use permit."

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

Condominium development means a project of two or more units in one or more multi-unit buildings designed and constructed for unit ownership as permitted by the North Carolina Unit Ownership Act when approved under the requirements for condominium developments set forth in chapter 36.

Conservancy organization means any legally established incorporated entity, whether for-profit or nonprofit, whose primary mission is dedicated to the protection of the environment and natural resources.

Conventional zoning district means a zoning district in which a variety of uses are allowed as permitted uses or uses by right and that may also include uses permitted only with a special use permit.

Day care facility means a building or dwelling regularly used for recreational or supervisory care of nine or more persons (adults or children), not including the operator's own family members, during any 24-hour period. It does not matter where it is located, whether the same or different persons attend and whether or not it is operated for profit. The following are not included: public schools; private schools, as described in G.S § 110-86(2); religious worship facilities when operated on the principal campus of and in conjunction with the religious worship facility; summer camps having children in full-time residence; summer day camps; specialized activities or instruction such as athletics, clubs, the arts, etc.; and bible schools normally conducted during vacation periods.

Decision-making board means a governing board, planning board, board of adjustment, historic district board, or other board assigned to make quasi-judicial decisions under this ordinance.

Density development means the division of land in such a way as to allow development at the density of the general zoning district while at the same time promoting the preservation of open space by requiring that all development occur on 60 percent of the overall acreage, with open space designation for the other 40 percent.

Determination means a written, final, and binding order, requirement, or determination regarding an administrative decision.

Developer means 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 means any of the following:

(1)

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

(2)

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

(3)

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

(4)

The initiation or substantial change in the use of land or the intensity of use of land.

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

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

Driveway means a private access way, the use of which is limited to persons residing, employed or otherwise using or visiting the parcel in which it is located.

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. For the purposes of Article 12 of G.S. 160D, the term does not include any manufactured home, mobile home, or recreational vehicle, if used solely for a seasonal vacation purpose.

Dwelling, multifamily, means a residence designed for or occupied by two or more families, with separate housekeeping and cooking facilities for each.

Dwelling, single-family, means a detached residence designed for or occupied by one family only.

E-cigarette means any electronically actuated device or inhaler meant to simulate cigarette smoking that uses a heating element to vaporize liquid solution, popularly referred to as "juice," and that causes the user to exhale any smoke, vapor, or substance other than that produced by unenhanced human exhalation. The juice used in e-cigarettes typically contains nicotine, and for this reason e-cigarettes and their juice can be classified as both tobacco products and tobacco paraphernalia.

Easement means a right given or reserved by the owner of land for specific limited use of that land.

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

Facade means the exterior wall of a building which is adjacent to or fronting on a public right-of-way or other public area, typically the front of a building, but also includes any side or rear of a building facing a public right-of-way or other public area.

Family means one or more persons occupying a single-family housekeeping unit and using cooking facilities; provided that, unless all members are related by blood or marriage, no such family shall contain over five persons.

Farmers' market, open-air, means the seasonal selling or offering for sale at retail of locally and self-grown vegetables or produce, items made directly from vegetables or produce, fresh flowers and plants, and/or self-made crafts and sold directly to the consumer at an open-air market in a pre-designated area, where the vendor is generally the individual who raised the vegetables or produce or created the craft.

Flex office means a type of development designed to be versatile, which may be used in combination with office (corporate headquarters), research and development, quasi-retail sales, and including, but not limited to, industrial, warehouse, and distribution uses.

Floor area, gross means the total area of a building measured by taking the outside dimensions of the building at each floor level.

Floor area, net means the horizontal area of each floor of a building or structure; excluding those areas not directly devoted to the principal, incidental, or accessory use, such as: storage areas, stairwells, elevators, closets, restrooms, maintenance rooms, hallways, and similar areas.

Gross floor area means the total number of square feet within a building devoted to a particular use, including the space occupied by such supporting facilities as storage areas, work areas, toilets, mechanical equipment and the like.

Group development means a group of two or more principal uses, structures, or dwelling units occupying, built on, or intended to occur on a single lot, tract, or parcel of land.

Group home means a home with support and supervisory personnel, some or all of whom are nonresident, that provides room and board, personal care and habilitation services in a residential environment to not more than six resident handicapped persons 24 hours a day, seven days a week. For the purpose of this definition, the term "handicapped person" means a person with a temporary or permanent physical, emotional or mental disability, including, but not limited to, mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional or undisciplined disturbances, and orthopedic impairments, but does not include residents who are dangerous to others as defined in G.S. 122C-3(11)(b). A group home for not more than six resident handicapped persons, any one of whom may be dangerous to others as defined in G.S. 122C-3(11)(b), is not a permitted use in any residential district.

Group quarters means and includes rooming houses and boardinghouses, membership lodgings, residence halls and dormitories, retirement houses and/or orphanages and religious quarters.

Governing board means the Spring Lake Board of Aldermen. The term is interchangeable with the terms "board of aldermen" and "boards of commissioners" and means any governing board without regard to the terminology employed in charters, local acts, other portions of the General Statutes, or local customary usage.

Highway plan means a plan, formally known as "Fayetteville Area Metropolitan Planning Organization Highway Plan," that provides and defines a functional system of streets permitting travel from origins to destinations with directness, ease and safety. Different streets in this system are designed and called on to perform specific functions, thus minimizing the traffic and land service conflict.

Home occupation, incidental, means any use conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling purposes and does not change the character thereof, and in connection with there is no display, no stock in trade or commodity which is not produced on the premises and only one person not a resident on the premises is employed specifically in connection with the incidental home occupation.

Junkyard or salvage yard means the use of more than 200 square feet of a lot for the storage, dismantling, wrecking, abandonment, buying or selling or otherwise dealing in either wholesale or retail any cast-off, secondhand salvage or unsalvageable material of any sort. This definition shall be deemed not to include such uses which are clearly accessory and incidental to any agricultural or other business use permitted in the zone or material or equipment kept on any premises for use in construction of any building on such premises.

Kennel means any premises where four or more days [dogs] which are five months old or older are kept commercially or as pets, excluding pet grooming shops, veterinary clinics, and veterinary hospitals.

Land, gross area, means the square footage of all the area included within the external boundary of the property to be developed, excluding existing public streets and railroad rights-of-way.

Land, net area, means the land area required to meet the minimum dimensional standards for the zoning districts as required by this chapter.

Landowner or owner means the holder of the title in fee simple. Absent evidence to the contrary, the town may rely on the county tax records to determine who is a landowner. The landowner may authorize a person holding a valid option, lease, or contract to purchase to act as his or her agent or representative for the purpose of making applications for development approvals.

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

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

Lateral access means the provision of ingress and egress between adjoining or abutting current or future nonresidential uses to facilitate the circulation of vehicular traffic between those uses and designed to relieve traffic congestion, provide protection from through traffic, and limit individual driveway access along public rights-of-way.

Loading space or berth, off-street means an area logically and conveniently located for bulk pickups and deliveries, and accessible to such vehicles. Required off-street loading space is not to be included as off-street parking space in computing required off-street parking space.

Lot means a parcel of land occupied or intended for occupancy by a principal structure or group of principal structures together with any accessory structures, including such yards, open spaces, width, and area as required by this chapter, either shown on a plat of record or, if created prior to adoption of chapter 36, described by metes and bounds and recorded with the register of deeds.

Manufactured home means a dwelling unit that is not constructed in accordance with the standards set forth in the North Carolina State Building Code, is composed of one 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, and exceeds 40 feet in length and eight feet in width.

Manufactured home, Class A, means a manufactured home that meets or exceeds the construction standards promulgated by the United States Department of Housing and Urban Development that were in effect at the time of construction and that satisfies the following additional criteria:

(1)

The manufactured home has a length not exceeding four times its width;

(2)

The manufactured home has a minimum of 1,200 square feet of enclosed living area;

(3)

The pitch of the roof of the manufactured home has a minimum vertical rise of 2.2 feet for each 12 feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in standard residential construction;

(4)

The exterior siding consists predominantly of vinyl or aluminum horizontal lap siding (that does not exceed the reflectivity of gloss and white paint), wood, or hard board, comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction;

(5)

The home is set up in accordance with the standards set forth in the State of North Carolina Regulations for Mobile [Manufactured] Homes, published by the North Carolina Department of Insurance, has a continuous, permanent masonry foundation or permanent masonry curtain wall, unpierced except for required ventilation and access, and is installed under the perimeter of the manufactured home;

(6)

Stairs, porches, entrance platforms and other means of entrance and exit to the home shall be installed or constructed in accordance with the North Carolina Building Code, Volume VII, Residential;

(7)

The moving hitch, wheels and axles, and transporting lights have been removed; and

(8)

The manufactured home is appraised and listed as real property.

Mixed use means:

(1)

A single building containing more than one type of land use where the residential use occupies no more than 40 percent of the total building floor area and the nonresidential use occupies a minimum of 60 percent of the total floor area; or

(2)

A single development of more than one building and use with the different types of land uses in close proximity, planned as a unified complementary whole, and functionally integrated to the use of shared vehicular and pedestrian access and parking areas.

Mobile home (a.k.a. manufactured home) means a structure as defined in G.S. 143-145(7).

Mobile home park means any site or tract of land upon which are located two or more single-family mobile home dwellings or one or more multiple-family [mobile] home dwellings, or any combination thereof, capable of being occupied for dwelling or sleeping purposes, regardless of whether or not a charge is made for such service.

Modular dwelling means any building or closed construction which is made or assembled in manufacturing facilities on or off the building site for installation or assembly and installation on the building site other than mobile homes or recreational vehicles. Modular homes shall comply with all codes applicable to residential construction and shall be considered the same as any conventional, site-built home.

Motor vehicle means a machine designed or intended to travel over land or water by self-propulsion or while attached to a self-propelled vehicle, except that said definition shall not include a "manufactured home" or "mobile home" as defined in county health department regulations, the town subdivision regulations, and this chapter.

Motor vehicle parking lot/area means an area of land or plot of land used for, or designated for, the short-term parking of serviceable motor vehicles, either as a principal use or as an accessory use.

Motor vehicle parking lot, commercial means a tract of land which is used for the storage of legally licensed, insured and registered motor vehicles, not accessory to any other use on the same or any other lot, and which contains parking spaces rented to the general public or reserved for individuals by the hour, day, week, or month.

Motor vehicle parking space means an area of land of not less than 20 feet in length and nine feet in width for each space, plus the necessary access space.

Motor vehicle parking, off-street means a parking space located outside of a street right-of-way.

Nonconforming structure means an existing structure which does not comply with the dimensional requirements of this chapter for the district in which it is located either at the effective date of the ordinance from which this chapter is derived or as a result of subsequent amendments thereto.

Nonconforming use means any existing use of land or structure which does not comply with the use regulations of this chapter for the district in which it is located either at the effective date of the ordinance from which this chapter is derived or as a result of subsequent amendments thereto.

Open fence or wall means one in which the openings through which clear vision and the free passage of air are possible from one side to the other on a horizontal plane occupying 75 percent or more of the side area of the fence or wall. All others are solid fences or walls.

Open space means the land used for recreation, natural resource protection, amenities and/or buffer areas. Open space may include, but is not limited to, walkways, recreation areas, playgrounds, wooded areas, greenways and watercourses.

Overlay zoning district means a zoning district in which different requirements are imposed on certain properties within one or more underlying conventional, conditional, or form-based districts.

Parking space means the standing storage space for one automobile, plus the necessary driveway access space.

Person means an individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, the State of North Carolina and its agencies and political subdivisions, or other legal entity.

Planning and development regulation jurisdiction means the geographic area defined in Part 2 of G.S. 160D within which the Town may undertake planning and apply the development regulations authorized by this ordinance.

Planning board means the Cumberland County Joint Planning Board and any board or commission established pursuant to G.S. 160D-301.

Premises means a lot and the structure or structures located on it.

Principal structure/principal use means the primary building, purpose or function that a parcel or structure serves or is intended to serve.

Principal use means the primary purpose or function that a parcel or structure serves or is intended to serve.

Property means all real property subject to land-use regulation by the town. The term includes any improvements or structures customarily regarded as a part of real property.

Public way means any street, alley or similar parcel of land, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.

Quasi-judicial decision means a decision involving the finding of facts regarding a specific application of a development regulation and that requires the exercise of discretion when applying the standards of the regulation. The term includes, but is not limited to, decisions involving variances, special use permits, certificates of appropriateness, and appeals of administrative determinations. Decisions on the approval of subdivision plats and site plans are quasi-judicial in nature if the regulation authorizes a decision-making board to approve or deny the application based not only upon whether the application complies with the specific requirements set forth in the regulation, but also on whether the application complies with one or more generally stated standards requiring a discretionary decision on the findings to be made by the decision-making board.

Recreational vehicle means a vehicle which is built on a single chassis or capable of being placed in or on a vehicle; designed to be self-propelled or towable by a light duty truck; and designed primarily for use as temporary living quarters for recreational, camping, travel or seasonal use. The basic entities are travel trailer, camping trailer, truck camper, and motor home.

Recreational vehicle park (including RV parks). See "campground" definition in this section.

Religious worship activity means any premises, the principal purpose of which is religious worship and in which the principal structure is the principal place of worship. Accessory uses may include religious education classrooms, assembly rooms, kitchens, library room or reading room, recreation hall and a one-family dwelling unit (parsonage), but excluding food sales, second hand shops, festivals, bazaars and facilities for residence or training of religious orders, unless otherwise authorized by this chapter.

Residential habilitation support facility means a day care home with support and supervisory personnel that provides room and board, personal care and habilitation services in a family environment to more than six resident handicapped persons. The term "handicapped person" means a person with a temporary or permanent physical, emotional or mental disability, including, but not limited to, mental retardation, cerebral palsy, epilepsy, autism, hearing and sign [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).

Restaurant means an eating establishment, including cafeterias, cafes, grills, or fast-food establishments that have a gross receipts from food sales and non-alcoholic beverage sales of a least 30 percent of the total gross receipts including alcoholic beverage sales. This definition does not include any use that qualifies to be regulated under section 42-91.

Right-of-way means an area owned and maintained by the town, the State of North Carolina, a public utility, a railroad or a private entity for the placement of such utilities and/or facilities for the passage of vehicles or pedestrians, including roads, pedestrian walkways, utilities or railroads.

Sexually oriented business means any business or enterprise that has as one of its principal business purposes or as a predominant purpose of its business an emphasis on matter and conduct depicting, describing or related to anatomical areas and sexual activities specified in G.S. 14-202.10.

Site plan means a scaled drawing and supporting text showing the relationship between lot lines and the existing or proposed uses, buildings, or structures on the lot. The site plan may include site-specific details such as building areas, building height and floor area, setbacks from lot lines and street rights-of-way, intensities, densities, utility lines and locations, parking access points, roads, and stormwater control facilities that are depicted to show compliance with all legally required development regulations that are applicable to the project and the site plan review. A site plan approval based solely upon application of objective standards is an administrative decision and a site plan approval based in whole or in part upon the application of standards involving judgment and discretion is a quasi-judicial decision. A site plan may also be approved as part of a conditional zoning decision.

Smoke shop and tobacco store means any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco paraphernalia; provided, however, that any grocery store, supermarket, convenience store or similar retain use that only sells conventional cigars, cigarettes or tobacco as an ancillary sale shall not be defined as a "smoke shop and tobacco store" and shall not be subject to restrictions in this chapter.

Solid waste disposal facility means any depository of solid waste, excluding earth for fill.

Special use 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 special use permits or special exceptions.

Street means a public or private right-of-way which affords the principal means of access to abutting properties, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare, except an alley.

Street centerline means a dedicated and accepted public right-of-way.

Street line means the dividing line between a street or road right-of-way and the contiguous property.

Street, private means any road, street, or alley which is not publicly owned and maintained and is used for access by the occupants of the development, their guests, and the general public. This definition does not include neighborhood public roads, cart paths and ingress/egress easements.

Street, public means a dedicated, and accepted for maintenance purposes, public right-of-way for vehicular traffic that affords the principal means of access to abutting properties.

Structure. See "building."

Subdivision means the division of land for the purpose of sale or development as specified in G.S. 160D-802.

Tobacco means any preparation of the nicotine-rich leaves of the tobacco plant, which are cured by a process of drying and fermentation for use in smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body.

Tobacco paraphernalia means any paraphernalia, equipment, device, or instrument that is primarily designed or manufactured for smoking, chewing, absorbing, dissolving, inhaling. snorting, sniffing or ingesting by any other means into the body of tobacco products. Items or devices classified as tobacco paraphernalia include but are not limited to the following: pipes, punctured metal bowls, bongs, water bongs, electric pipes, e-cigarettes, e-cigarette juice, buzz bombs, vaporizers, hookahs, and devices for holding burning material. Lighter and matches shall be excluded from the definition of tobacco paraphernalia.

Tobacco product means any product in leaf, flake, plug, liquid, or any other form, containing nicotine derived from the tobacco plant, or otherwise derived, which is intended to enable human consumption of tobacco or nicotine in the product whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. For the purposes of this chapter, the term "tobacco product" excludes any product that has been specifically approved by the United States Food and Drug Administration (FDA) for sale as a tobacco; smoking cessation product or for other medical purposes, where such product is marketed and sole solely for such an approved purpose.

Therapeutic foster care home means a 24-hour residential treatment facility located in a private residence which provides professionally trained parent-substitutes who work intensively with children and adolescents who are emotionally disturbed or have a substance problem, or both. These homes shall not serve more than two children or adolescents.

Transient lodgings means land used or intended to be used or occupied by a group of two or more detached or semidetached buildings, except mobile homes, or by a multiple building containing guest rooms, with automobile parking space and incidental utility structures which are provided in connection therewith, all of which is used or designed for use primarily by automobile transients.

Used or occupied means and includes the words "intended," "designed," or "arranged" "to be used or occupied."

Variable lot residential development means a variable lot residential development consists of single-family residential structures on individual lots where the developer may reduce the size of such lots in accordance with certain standards defined in chapter 36, while maintaining applicable overall density standards for the zoning district in which it is located.

Vehicular surface area means an area primarily used for the parking of private passenger vehicles. "Vehicular surface area" includes the means of ingress and egress to the area where motor vehicles are parked. "Vehicular surface area" includes any median, traffic island, or other traffic control device or structure contained wholly within the designated parking area. "Vehicular surface area" does not include covered vehicle parking areas or multi-level vehicle parking areas.

Vested right means the right to undertake and complete development and use of property under the terms and conditions of an approval secured as specified in G.S. 160D-108 or under common law.

Vertical mixed use means buildings erected for two or more different uses, providing space for nonresidential uses on the ground floor with residential areas located on the upper floors and functionally designed to share vehicular and pedestrian access and parking areas.

Yard means a space on the same lot with a principal building, open, unoccupied and unobstructed by buildings or structures from the ground to the sky, except where encroachments and accessory buildings are expressly permitted herein.

Yard, front, means a yard extending across the full width of the lot adjoining the street on which the lot fronts.

Yard, rear, means a yard extending across the full width of the lot adjoining the rear lot line.

Yard, side, means a yard adjacent to any side lot line extending from the front yard to the rear yard.

Zero lot line development means a single development including, but not limited to, patio houses, townhouses, condominiums, businesses, and individual lots and including one or more structures comprising at least two individual lots, dwelling units, or businesses, whether attached or detached, intended for separate ownership and developed in accordance with the standards of chapter 36.

Zoning district means an area established by this chapter where the individual properties are designed to serve compatible functions and to be developed at compatible scales.

Zoning map amendment or rezoning means an amendment to a zoning regulation for the purpose of changing the zoning district that is applied to a specified property or properties. The term also includes (i) the initial application of zoning when land is added to the territorial jurisdiction of a local government that has previously adopted zoning regulations and (ii) the application of an overlay zoning district or a conditional zoning district. The term does not include (i) the initial adoption of a zoning map by a local government, (ii) the repeal of a zoning map and readoption of a new zoning map for the entire planning and development regulation jurisdiction, or (iii) updating the zoning map to incorporate amendments to the names of zoning districts made by zoning text amendments where there are no changes in the boundaries of the zoning district or land uses permitted in the district.

Zoning regulation means a zoning regulation authorized by Article 7 of G.S. 160D.

(Code 1978, §§ 12.111, 12.112; Code 1995, § 156.008; Ord. of 1-10-1972; Ord. 2-12-1990; Ord. of 10-10-1994; Ord. of 9-11-1995; Ord. of 11-25-2002(01), § 156.008; Ord. of 3-13-2006, § 156.008; Ord. No. 2007-2, § 156.008, 11-26-2007; Ord. No. 2007-5, § 156.008, 11-26-2007; Ord. No. 2009-11, § 1, 5-26-2009; Ord. No. 2009-19, § 156.008, 12-14-2009; Ord. No. 2011-1, § 156.111, 2-14-2011; Ord. No. 2012-2, § 1, 2-13-2012; Ord. No. (2014)17, 9-22-2014; Ord. No. (2015)3, § 1, 2-23-2015; Ord. No. (2016)2, § 1, 2-22-2016; Case No. P19-36, 9-23-2019; Ord. No. (2021)1, 6-28-2021)