Statesville City Zoning Code

ARTICLE 9.

DEFINITIONS

Section 9.01 - Rules of Interpretation

The following rules apply to the text of this ordinance:

The particular controls the general.

In case of any difference of meaning or implication between the text of this ordinance and any caption, illustration, summary table, or illustrative example, the text shall control.

The word "shall" is mandatory and not discretionary. The word "may" is permissive. The word "should" is discretionary.

Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

A "building" or "structure" includes any part thereof.

The phrase "used for" includes "arranged for", "designed for", "maintained for" or "occupied for".

The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

Unless the context clearly indicates the contrary, where a regulation involves two (2) or more times, conditions, provisions, or events connected by the conjunction "and," "or," "either … or," the conjunction shall be interpreted as follows:

"And" indicates that all the connected items, conditions, provisions, or events shall apply.

"Or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination.

"Either … or" indicates that the connected items, conditions, provisions, or events shall apply singly, but not in combination.

The word "includes" shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

Words not defined in sections of this ordinance shall have the meaning commonly assigned to them. The reference for dictionary common meanings shall be the latest edition of Webster's New World Dictionary of the American Language.

Section 9.02 - Definitions

The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section.

Accessory - having a subordinate function. (See also building, accessory; structure, accessory; and use, accessory).

Addition - any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls is new construction.

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 G.S. Ch. 160D 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 Arcade - any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to persons in booths or viewing rooms where the images to persons in booths or viewing rooms where the images so displayed depict or describe specified sexual activities or specified anatomical areas.

Adult Bookstore - a bookstore which receives a majority of its gross income during any calendar month from the sale of publications (including books, magazines, and other periodicals) which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in G.S. § 14-202; or has as a preponderance of its publications books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in G.S. § 14-202.10.

Adult Cabaret/Club - a nightclub, bar, restaurant, or other commercial establishment that regularly features, exhibits, or displays as one (1) of its principal business purposes: persons who appear nude or semi-nude; or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or films, motion pictures, video cassettes, slides, or other photographic reproductions which depict specified sexual activities or specified anatomical areas.

Adult Care Center - any establishment which provides supervision and care for adults on a regular basis for more than five (5) persons unrelated to the operator for a period of less than twenty-four (24) hours a day and receives a fee or grant for any of the adults receiving care, wherever operated and whether or not operated for a profit.

Adult/Child Home Day Care - a residence within which child or adult care and supervision is provided for less than a twenty-four (24) hour period. A family childcare home is allowed to provide care for one (1) of the following groups of children, including the operator's own preschool-age children and excluding the operator's own school-age children up to thirteen (13) years of age:

A maximum of eight (8) children, with no more than five (5) children who are from birth to five (5) years of age, plus three (3) school-age children.

A maximum of three (3) children from birth to twenty-four (24) months of age, plus three (3) children from two (2) to five (5) years of age and three (3) school-age children up to thirteen (13) years of age, for a total of nine (9) children.

A maximum of ten (10) children if all children are older than twenty-four (24) months of age.

Adult care is limited to five (5) adults, unrelated to the caregiver. The childcare center must meet the requirements of the State of North Carolina in regard to parking, handicap access, building code, fire code and sanitation.

Adult Entertainment Establishment - any structure or use of land that is defined in G.S. § 14-202 and/or including the following: adult arcades, adult bookstores, adult cabarets/clubs (such as "topless" dancing), adult live entertainment, adult live entertainment business, adult motels or hotels, adult motion picture theaters, adult mini-motion picture theaters, adult theaters, adult video stores, escort agencies, adult massage business, nude model studios, sexual encounter centers.

Adult Live Entertainment - any performance of or involving the actual presence of real people which exhibits specified sexual activities or specified anatomical areas.

Adult Live Entertainment Business - any establishment or business wherein adult live entertainment is shown for observation by patrons.

Adult Massage Business - any establishment or business wherein massage is provided for entertainment purposes. In this context, health related massage and therapies are not inclusive of this type of business.

Adult Mini-Motion Picture Theater - an enclosed building with viewing booths designed to hold patrons which is used for presenting motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult Motel or Hotel - a motel, hotel or similar commercial establishment that:

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassette, slides, or other photographic reproductions that depict or describe specified sexual activities or specified anatomical areas as one (1) of its principal business purposes; or

Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.

Adult Motion Picture Theater - an enclosed building or premises used for presenting motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. (Adult motion picture theater does not include any adult mini-motion picture theater as defined in this section.)

Adult Theater - a theater, concert hall, auditorium, or similar commercial establishment which regularly features, exhibits, or displays, as one (1) of its principal business purposes, persons who appear in a state of nudity or semi-nude, or live performances that expose or depict specified anatomical areas or specified sexual activities.

Adult Video Store - a commercial establishment which as one (1) of its principal business purposes offers for sale or rent for any form of consideration any one (1) or more of the following:

Video cassettes, video reproductions, photographs, films, motion pictures, slides, or other visual representation that depict or describe specified sexual activities or specified anatomical areas; or

Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.

Alcoholic Beverages - beverages containing more than one-half percent (0.5%) alcohol by volume.

Alley - a dedicated and typically privately maintained right-of-way, twenty (20) feet or less in width, that provides a secondary means of access to abutting property and not intended for general vehicular traffic circulation.

Animal Hospital or Veterinary Clinic, General - any structure and land used (primarily and essentially) for the medical and surgical care of ill, injured, or disabled animals other than humans.

Animals, Household - animals which are customarily kept for personal use or enjoyment within the home, not exhibited to the public, nor raised for commercial purposes. Animals which are dangerous to humans or property when they reach maturity or have cloven or solid hooves are not household animals. Household animals shall include, but not be limited to, domestic dogs, domestic cats, canaries, parakeets, love birds, parrots, cockatiels, finches, toucans, mynah birds, guinea pigs, hamsters, mice, rats, gerbils, small reptiles, small amphibians, and aquarium fish.

Appeal - a request for review of a determination or action of the City or its officials by the appropriate reviewing authority.

Approved - any standard, procedure, provision, construction, improvement or plat which has either been reviewed or inspected and found to be in compliance with and acceptable in accordance with the plans and policies officially adopted by the City of Statesville.

Area of Shallow Flooding - a designated AO or VO Zone shown on a Flood Insurance Rate Map (FIRM), which have base flood depths from one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

Art Gallery - the use of a structure or building for the display of sculpture, painting, photographs, or other artistic works for public viewing with only incidental sales.

Art Studio - the use of a structure or building primarily as a work room for an artist. Viewing and/or sales are prohibited.

Average Grade - the average elevation between the highest and lowest point of the foundation.

Bakery - the use of a structure or building for the production of bakery products including, but not limited to, breads, cakes, pastries, and doughnuts. When identified in this ordinance as a use under "Retail" the bakery products produced must be for the direct sale to the consumer with no wholesale production or sales. Wholesale bakeries, for the purpose of this ordinance, shall be considered manufacturing.

Bank - financial institution engaged in deposit banking and closely related functions such as the extension of credit by means of loans and investments, and fiduciary activities.

Basement - the lowest story of a structure which has its floor below grade on all sides.

Bedroom - a room designated as sleeping or bedroom on building plans and/or permit application. Also see "sleeping unit."

Bio Fuels - liquid fuels derived from plant materials.

Bioethanol - an alcohol made by fermenting the sugar components of sugar and starch crops. It can be used in its pure form but typically used as a gasoline additive.

Biodiesel - made from vegetable oils, animal fats, or recycled greases. It can be used in its pure form but typically used as a diesel additive.

Block - a parcel of land which is bounded by streets, highways, and/or railroad rights-of-way, parks or open space, undeveloped land, water-courses or bodies of water or a combination thereof.

Boarding/Rooming House/Bed and Breakfast - a dwelling or group of dwellings, as distinguished from a motel, containing in combination three (3) or more lodging units intended primarily for rental or lease for periods of longer than one (1) week, with or without board for not more than ten (10) persons.

Breakaway Wall - a wall that is not part of the structural support of a building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. A breakaway wall shall have a design safe loading resistance of not less than ten (10) nor more than twenty (20) pounds per square foot (between ten (10) and twenty (20) psf). A wall with loading resistance of more than twenty (20) pounds per square foot requires an architect or professional engineer's certificate.

Brewery - an establishment where beer and malt beverages are made on the premises at an annual beer production rate of over fifteen thousand (15,000) barrels of beer per year. All applicable NC ABC Permits are required.

Brewpubs - an establishment where beer and malt beverages are made on the premises in conjunction with a restaurant. Where allowed by law, brewpubs may sell beer for off-premises consumption and/or distribute to offsite accounts. All applicable NC ABC Permits are required.

Buildable Area, Building Envelope - a portion of a lot remaining after required yards have been provided and any conservation or preservation areas, submerged lands, easements or road rights-of-way have been subtracted from the lot area.

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

Building, Accessory - a subordinate building detached from but located on the same lot as the principal building, the use of which is incidental and less than the square footage of the principal building.

Building, Principal - a building or, where the context so indicates, a group of buildings in which is conducted the principal use of the lot on which such building is located.

Building Height - see Section 6.02 E.

Building Lines - lines that are tangent to the exterior surfaces of buildings or structures, or the surfaces of cantilevered projections therefrom, parallel to front, side and rear lot lines, and referred to as front, side and rear building lines, respectively.

Building Setback Line - a line parallel to a property line.

Business Services - an establishment offering primarily services to the business community and to individuals. Such services include, but are not limited to, advertising agencies, blueprinting and photocopying services, cleaning and maintenance of building services, computer and data processing services, detective agencies and security services, insurance agency, management consulting and public relations services, news syndicates, personnel services, photography, art and graphics services, and real estate services.

Camp - land containing two (2) or more campsites which are located, established or maintained for occupancy by people in temporary living quarters, such as tents, recreation vehicles, or cabins, for recreation, education or vacation purposes.

Campsite - any plot of ground within a camp intended for the exclusive occupancy by a cabin, recreation vehicle or tent.

Car Wash - an establishment engaged in the business of washing domestic vehicles with self-serve, automated or staffed facilities.

Cemetery, Human - land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries, if operated in connection with and within the boundaries of such cemetery.

Cemetery, Pet - land used or intended to be used for the burial of animals in individual burial plots or a mausoleum and dedicated for cemetery purposes.

Certificate of Occupancy - a document issued by an authorized official setting forth that land, a building or structure legally complies with the City of Statesville building code, housing code, this ordinance and other pertinent local and State requirements and that the same may be used for the purposes stated therein.

Certificate of Zoning Compliance - a document issued by the planning director or his designee certifying compliance with all terms of an approved zoning compliance permit. It may either be a separate document or part of the normal documents associated with a certificate of occupancy, occupational license, building permit, or the like.

Child Care Center - any establishment that provides supervision and care for children on a regular basis for more than five (5) children unrelated to the operator for a period of less than twenty-four (24) hours a day and which receives a payment, fee or grant for any of the children receiving care, wherever operated, and whether or not operated for profit, except that the following are not included: Public schools and non-public schools which are in compliance with the compulsory school attendance law, summer camps having children in full-time residence; summer day camps, and Bible schools normally conducted during vacation periods. The term includes kindergartens, nurseries, nursery schools, day care centers and day nurseries.

Child/Adult Home Daycare - a residence within which child or adult care and supervision is provided for less than a twenty-four (24) hour period. A family childcare home is allowed to provide care for one (1) of the following groups of children, including the operator's own preschool-age children and excluding the operator's own school-age children up to thirteen (13) years of age:

A maximum of eight (8) children, with no more than five (5) children who are from birth to five (5) years of age, plus three (3) school-age children.

A maximum of ten (10) children if all children are older than twenty-four (24) months of age.

Adult care is limited to five (5) adults unrelated to the caregiver. The childcare center must meet the requirements of the State of North Carolina in regard to parking, handicap access, building code, fire code and sanitation.

Child Care Drop-In/Short Term Facility - a child care arrangement where children attend on an intermittent unscheduled basis.

Church, Storefront - see Houses of Worship, Storefront.

Church/Synagogue - see Houses of Worship.

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.

City - the City of Statesville, North Carolina.

City Council - the City Council of the City of Statesville, North Carolina.

Clubs, Civic and Private - an organization that is established and operated solely for a social, recreational, patriotic, cultural or fraternal purpose on a nonprofit basis.

Collector Vehicle - a specialty vehicle that is not used as an everyday vehicle and is looked upon as an investment opportunity. Collector vehicle values do not typically depreciate. Kit cars, muscle cars, motorsports vehicles, street hot rods, and limited production models can be considered a collector vehicle. Antique and classic vehicles fit under this definition as defined by the Classic Car Club of America and/or the North Carolina Department of Insurance.

Common Open Space - a parcel of land, body of water, or combination thereof, designed and intended for the use or enjoyment of residents of a particular development or the general public. Common open spaces may contain accessory structures and improvements necessary or desirable for religious, educational, non-commercial, recreational or cultural uses. Credit for common open space shall not be given for public rights-of-way or easements, public or private streets, parking areas, or driveways. Common open space may include floodplain, but not floodway.

Communication Towers - a tower facility, including, but not limited to, radio and television transmission towers, microwave towers or mobile telephone towers. This does not include ham radio antennas or two-way local radio facilities, or public safety or emergency services communication structures.

Community Center - a structure or building used by members of a community, as opposed to the general public, for social, cultural or recreational purposes and which are generally utilized by local clubs or groups, homeowners or civic associations or other such community groups.

Community Recreational Uses - parks and playgrounds, community centers, recreation clubs, such as Boys and Girls Clubs; golf clubs; swimming clubs; tennis clubs; country clubs; and paddle, racquetball, handball courts and greenways.

Comprehensive Plan - the most recently adopted Comprehensive Plan of the City of Statesville, NC, which includes the Land Development Plan, Mobility and Development Plan, Downtown Study, facility master plans, area plans and other documents addressing Statesville's future that are adopted by the City Council.

Conditional Use Overlay District - governs certain uses that would be inappropriate at particular locations in the absence of special conditions. The conditions imposed by the Conditional Use Overlay District apply in addition to the standards of the base zoning district.

Condominium - Real estate developed pursuant to the North Carolina Condominium Act, North Carolina General Statute Chapter 47C.

Congregate Living Facility - any building, buildings, section of a building, or distinct part of a dwelling unit, boarding/rooming house, home for the aged or other place, whether operated for profit or not, which undertakes through its ownership or management to provide, for a period exceeding twenty-four (24) hours, housing, food services, and one (1) or more personal care services to persons not related to the owner or operator by blood, marriage, or adoption and licensed, certified or approved by the N.C. Department of Social Services. ("Personal services," for the purpose of this definition, means services in addition to housing and food service which include, but are not limited to, personal assistance with bathing, dressing, ambulation, supervision of self-administered medication, transportation, emotional security, and other related service. Personal service does not include nursing or medical treatment.)

Such facilities shall contain congregate kitchen, dining and living areas only, with separate sleeping rooms. Further, such facilities shall not be used for those persons in need of a structured environment, as it is defined herein. For purposes of this ordinance, congregate living facilities shall not be deemed to include boarding/rooming houses; fraternities/sororities; monasteries; convents; hotels/motels; professional residential facilities; or nursing, convalescent and extended care facilities.

Construction Plans - The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the City of Statesville.

Contiguous Property - all parcels or tracts of land under single ownership which continuously abut or adjoin each other.

Contractors Office - an establishment engaged in the provision of construction activities including, but not limited to, plumbing, electrical work, building, paving, carpentry and other such contracting activities. This facility shall serve as the office and dispatch area only.

Correctional Facility - a publicly or privately owned building(s), and all accessory uses and structures used for long term confinement housing and supervision of persons who are serving terms of imprisonment for violation of criminal laws. A correctional facility is distinguished from a jail, in that a correctional facility is considered to be a larger, long term incarceration facility normally operated under the authority or jurisdiction of the State or Federal government and housing persons that have been convicted.

Crematorium - an establishment for the burning of human or animal remains.

Cultural Facility - the use of land, buildings, or structures to provide educational and informational services to the general public, including, but not limited to, aquariums, arboreta, botanical and zoological gardens, art galleries, museums, and libraries.

Customary Home Occupation - see Section 5.02.

Dedication - a gift, by the property owner, of a right to use land for stated purposes. This gift is usually made to the general public or to specific members of the public, notably purchasers of a lot within subdivision. A dedication is made by written instrument and is completed with acceptance. A dedication itself is not a commitment on the part of the City of Statesville or any other government entity to maintain or develop said dedication.

Determination - a written, final, and binding order, requirement or determination regarding a decision.

Developer or Subdivider - any person, firm or corporation that owns or has interest in land and causes it, directly or indirectly to be divided into a subdivision as defined herein.

Development - unless the context clearly indicates otherwise, the term means any of the following:

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

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

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

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

Development Approval - an administrative or quasi-judicial approval made pursuant to G.S. Ch. 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. Ch. 160D, including plat approvals, permits issued, development agreements entered into, and building permits issued.

Development Regulation - a unified development code or ordinance, zoning regulation, subdivision regulation, erosion and sedimentation control regulation, floodplain or flood damage prevention regulation, wireless telecommunication facility regulation, historic preservation or landmark regulation, or any other regulation adopted pursuant to G.S. Ch. 160D, or a local act that regulates land use or development.

Distillery - an establishment engaged in the production and distribution of spirituous beverages at an annual rate of over fifty thousand (50,000) proof gallons a year. A tasting room to sample only the product produced on site is permitted. All applicable NC ABC Permits are required.

Domestic Vehicles - any vehicle, licensed by any state of the United States or Mexico or province or territory of Canada, as a private vehicle for operation on streets and may include, but not be limited to, automobiles, private pickup trucks and vans.

Dormitory - a building used as group living quarters for a student body, religious order or other group as an associated use to a college, university, boarding school, orphanage, convent, monastery, or other similar use. Dormitories do not include kitchen facilities except a group kitchen to serve all residents.

Drinking Establishment - an establishment where alcoholic beverages are obtainable within or thereon and where such beverages are consumed on the premises. If the facility also sells food and the sale of food products represent more than fifty percent (50%) of the facility's total sales, the facility shall be considered an eating establishment.

Drive-in Theater - a facility designed for the outdoor projection of motion pictures onto a permanent screen to be viewed from the patron's automobile.

Drive-in Window - a window or other opening in the wall of a principal or accessory building through which goods or services are provided directly to customers in motor vehicles by means that eliminate the need for such customers to exit their motor vehicles.

Driveway - that portion of the vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not part of the vehicle accommodation area.

Dry Cleaner - an establishment engaged in providing laundry, dyeing and dry cleaning services to individual customers.

Dry Cleaner, Small - an establishment which employs not more than five (5) persons engaged on a small scale in providing laundry, dyeing and dry cleaning services to individual customers.

Dry Cleaning Plant - an establishment engaged in providing laundry, dyeing and dry cleaning services on a large scale for institutions, businesses or other such establishments.

Dwelling, Multiple-Family - a structure containing three (3) or more dwelling units.

Dwelling Unit - One (1) or more rooms, designed, occupied, or intended for occupancy as separate living quarters for one (1) family, with a separate entrance and cooking, sleeping and sanitary facilities provided therein. Units in dormitories, hotels, motels, shelters for the homeless or other structures designed for transient residents are not dwelling units. (see G.S. 160D-706(b).

Dwelling Unit, Accessory - a subordinate structure containing a single dwelling unit that is incidental to the primary structure.

Dwelling Unit - Attached (Townhouse) - a dwelling unit located within a building and attached to other similar dwelling units in which each unit is located on an individually owned parcel, within a development containing facilities and areas owned in common.

Dwelling Unit - Attached (Townhouse) Lot - a parcel meeting dimensional standards supporting a single-family residence that is part of a multi-family development with shared walls.

Dwelling Unit - Multi Family - a building or portion thereof used or designed for three (3) or more dwelling units; the term includes apartments, and condominiums.

Dwelling Unit - Single Family - a structure composed of a single dwelling unit.

Dwelling Unit - Upper Story Residential - a dwelling unit located on a floor above a nonresidential use on the ground floor.

Eating Establishment - an establishment whose principal business is the sale of food, frozen desserts or beverages to the customer in a ready-to-consume state. Sit-down eating establishments are those at which food and/or beverages are served by waitresses or waiters to patrons seated at booths or tables. Walk-in/drive-in eating establishments are those at which the customers receive but do not consume the food and/or beverages at a counter, bar, or from a drive-in window.

Easement - a grant by the property owner for use by the public, a corporation or persons of a strip of land for specified reasons. No transfer to ownership is involved.

Electrical/Electronic Repair, Large - an establishment engaged in the repair of electrically powered equipment or electronic equipment such as, but not limited to, large appliances, large computers, radio and television broadcasting equipment, and similar items.

Electrical/Electronic Repair, Small - an establishment engaged in the repair of electrically powered equipment of electronic equipment such as, but not limited to, small appliances, televisions, radios, noncommercial stereo equipment, personal or mini computers, and similar equipment. As a general rule, if the item is too large to be hand carried by one (1) or two (2) people, it is not considered small equipment.

Escort Agency - a person or business that furnishes, offers to furnish, or advertises to furnish escorts as one (1) of its principal business purposes, for a fee, tip, or other consideration. An escort means a person who, for tips or any other form of consideration, agrees or offers to act as a date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

Exception - a deviation from the standards of this Code that is specifically authorized in the Code and does not require the approval of a variance by the Board of Adjustment.

Evidentiary Hearing - a hearing to gather competent, material, and substantial evidence in adopted under G.S. Ch. 160D.

Family - any number of people related by blood, marriage or adoption or not more than five (5) unrelated persons living together as a single housekeeping unit, using a single facility in a dwelling unit for culinary purposes. The term "family" shall not be construed to include a fraternity or sorority, club, rooming house, institutional group or the like.

Family Care Home - a residential home with support and supervisory personnel that provides room and board, personal care and habilitation services in a family environment for not more than six (6) resident persons with disabilities as it is set forth in G.S. § 168-21. Persons with disabilities has been set forth in G.S. § 168-21 as 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).

Farming (Agriculture) - the use of the land for:

The tilling of the soil;

The growing of crops or plants, including truck farming, field crops, vegetables, fruit, nut, sod, seed, or tree production;

Pasturage, including pasture for cattle, horse, sheep or goats and other farm animals;

Forestry and other forms of food and fiber production for human and animal consumption;

Greenhouses, nurseries and ornamental horticulture;

The raising, breeding, working and use of farm animals;

Aquaculture;

Bee keeping.

Fitness Center - a residential or non-profit recreational land use that may include exercise equipment, weight training, classes for aerobics, Zumba, and other recreational or sports related classes. To be used in conjunction with a housing subdivision, Planned Unit Development (PUD), non-profit/institutional such as a YMCA (compliance with Section 5.04 (AAA) is required).

Floor Area - the sum of enclosed areas on all floors of a building or buildings measured from the outside faces of the exterior walls, including halls, lobbies, arcades, stairways, elevator shafts, enclosed porches and balconies, and any below-grade floor area used for habitation, access and storage. Not countable as floor area are open terraces, patios, atriums, balconies, breezeways, and outside open space devoted to commercial and service uses. Also not included are tool sheds, special purpose areas for common use (for instance, recreation and social rooms) and open basement areas not used for habitation.

Floor Area, Gross - The floor area calculated based upon the outside dimensions of a building or structure.

Floor Area, Net - The floor area calculated based upon the inside dimensions of a building or structure, minus those area not countable as floor area.

Floor Area Ratio - the ratio of permitted floor area to the gross land area of the lot.

Floor Area Ratio, Maximum Permitted - the floor area ratio permitted as a right in the several districts, excluding any bonus or transferred floor area.

Fraternity/Sorority House - a dwelling or combination of dwellings on a single lot occupied by and maintained exclusively for college students who are affiliated with a social, honorary, or professional organization recognized by the college or university.

Frontage - all the property abutting on one (1) side of a street or between two (2) intersecting streets measured along the street line.

Funeral Parlor - an establishment engaged in preparing human remains for burial and conducting funerals.

Furniture Refinishing/Repair Establishment - an establishment engaged in the stripping, cleaning, painting, staining, sealing, varnishing, or other like refinishing of the wood and metal components of furniture or the replacement or repair of broken or missing portions of a piece of furniture.

Garage, Private - a part of a building designed and used to contain no more than the number of vehicles in use in the principal structures.

Gas Station - an establishment where gasoline, diesel fuel and/or biofuel is supplied and dispensed at retail and where no servicing or repair of vehicles is permitted. Convenience goods may be sold at such facilities but the sales shall be accessory to the sale of gasoline or diesel fuel.

Group Home - see Congregate Living Facility or Family Care Home.

Gym - a commercial land use conducted entirely inside a building that may include exercise equipment, weight training, classes for aerobics, Zumba, martial arts and other recreational or sports related classes.

Handicapped - 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 by State law.

Health Services - the use of land, buildings and structures for uses such as, but not limited to, health practitioners, animal hospital or veterinarian clinic, hospitals, medical and dental laboratories, nursing, convalescent and extended care facilities, rehabilitation centers and sanitarium/mental institutions.

Herein - within this article or section.

Hereto - accompanying this article or section.

Highest Adjacent Grade - the highest natural elevation of the ground surface, prior to construction, next to the walls of the proposed structure.

Home Day Care - a Family Care Home providing care for children or adults.

Homeowner's Association - an incorporated, nonprofit organization established by a developer or an association of property owners whose membership shall consist of individual property owners of a subdivision and operating under recorded legal agreements.

Hospital - an institution providing physical and mental health services primarily for human in-patient medical or surgical care for the sick or injured, including related facilities such as laboratories, out-patient services, training facilities, central service facilities, emergency services and staff offices.

Hotel/Motel - a building or group of buildings containing lodging units intended primarily for rental or lease to transients by the day or week, and which often provides additional services such as restaurants, meeting rooms and recreation facilities, available to general public and guests.

House of Worship - tax exempt buildings uses for nonprofit purposes by a recognized and legally established sect for purpose of worship, including educational buildings when operated by such House of Worship.

House of Worship, Storefront - a House of Worship in a building designed to be occupied or previously occupied by a commercial business.

Includes - shall not limit the term to specific examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

Incremental Master Development Plan - plan depicting a more detailed configuration of uses for a particular phase of development. This plan will define the land uses, layout and densities to be built on that portion of the site. The plan must be consistent with the approved Development Conditions and Land Use Plan. Incremental Master Development Plan is more clearly explained in Article 3.

Infill Development - development of existing platted lots smaller than ten thousand (10,000) square feet or development of a parcel with existing structures on three (3) or more sides, or any development falling within the CB, CBP or designated historic district.

The term infill development, when used in context with multi-family development projects, shall also refer to existing parcels of property zoned either R-5MF and R-8MF as of December 31, 2022 meeting applicable standards of the UDO allowing for staff approved multi-family development projects.

Insignificant Deviations - a deviation is insignificant if it has no discernable impact on neighborhood properties, the general public or those intended to occupy or use the proposed development.

Jail - a publicly-owned building(s) and all accessory uses and structures, used to confine, house, and supervise persons held in lawful custody including those who are serving terms of imprisonment for misdemeanor violations of criminal laws, or who are awaiting trial for alleged violations of criminal laws, not including temporary holding facilities that are accessory to a police station. This definition does not include correctional facilities.

Junk - old, dilapidated, scrap or abandoned metal, paper, building material and equipment, bottles, glass, appliances, furniture, beds and bedding, rags, rubber, motor vehicles, recreational vehicles and parts thereof.

Junkyard - land used for the storage, keeping, handling, or display of junk.

Kennel - any lot or premises on which six (6) or more household or exotic animals, more than six (6) months of age, are housed, groomed, bred, boarded, trained, or sold.

Land Excavation - removal of five hundred (500) cubic yards or more of sand, soil, peat, muck, clay, stone, shell and the like, for disposal off-site.

Land Use Concept Plan - a drawing or series of drawings that is intended to demonstrate the proposed mix of land uses within the property, general locations of such land uses and the overall transportation circulation pattern within the property.

Landfill, Beneficial - property available for development which requires clean fill dirt from an off-premises source to improve land use potential.

Landfill, Clean Material - land used for the disposal of only non-water-soluble, non-decomposable, inert material, consisting of concrete, brick, steel, clean fill dirt and other similar material.

Landfill, Sanitary - a facility used for the disposal of solid waste excluding hazardous waste. Sanitary landfills are divided into two (2) classes based on the amount of wastes received.

Class A sanitary landfills are those which receive solid waste at a monthly average of more than twenty (20) tons of solid waste per day or more than fifty (50) cubic yards of solid waste per day.

Class B sanitary landfills are those which receive solid waste at a monthly average of twenty (20) tons or less of solid waste per day or less than fifty (50) cubic yards of solid waste per day.

Legislative Decision - the adoption, amendment, or repeal of a regulation under Chapter Ch. 160D 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 Chapter 160D.

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

Levee - a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

Levee System - a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

Library - a building in which literary, musical, artistic or reference materials are kept for use but not generally for sale.

Life Care Treatment Facility - an establishment which provides one (1) or more levels of personal care services and which may include a nursing convalescent and extended care facility, eligible for approval by the N.C. Department of Social Services.

Liquor Store - an establishment engaged in the retail sale of packaged alcoholic beverages for consumption off-premises.

Livability Space - a portion of total open space appropriately improved and located as outdoor living space for residents and for aesthetic appeal. Such space includes lawns and other landscaped areas, walkways, paved terraces and landscaped portions of street rights-of-way. Such space shall not be used for vehicles, except for incidental service, maintenance or emergency access.

Loading, Off-Street - space located outside of any street right-of-way easement and designed to accommodate the temporary parking of vehicles used for bulk pickups and deliveries.

Local Administrator - the City Manager.

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 the words "plot" or "parcel."

Lot, Corner - a lot abutting upon two (2) or more streets at their intersection.

Lot Depth - the mean horizontal distance between front and rear lot lines.

Lot, Double Frontage - a continuous or through lot of the same depth as the width of a block containing two (2) tiers of lots and which is accessible from both of the parallel streets upon which it fronts. Corner lots fronting on three (3) streets shall be included.

Lot Front - the portion of a lot abutting the street right-of-way. On corner lots the lot front shall be that portion of the lot abutting the street right-of-way which the principal structure faces. In the event of a principal structure which faces the corner of an intersection the lot front shall be that portion of the lot between the structure and the right-of-way of the major intersecting street.

Lot Line - a line that marks the boundary of a lot.

Lot Line, Interior - any lot line that is not a street lot line; a lot line separating a lot from another lot.

Lot, Reverse Frontage - a continuous or through lot which is accessible from only one (1) of the parallel streets upon which it fronts.

Lot Line, Street - any lot line separating a lot from a street right-of-way or general access easement. Where a lot line is located within such street right-of-way or easement, the right-of-way or easement boundary adjacent to the lot shall be considered the street lot line.

Lot of Record - a lot which is part of a subdivision, the plat of which has been recorded in the appropriate office of the register of deeds, or any parcel of land, whether or not part of a subdivision, that has been officially recorded by a deed in said office, provided such lot was of a size which met the minimum dimensions for lots in the district in which it was located at the time of recording or was recorded prior to the effective date of zoning in the area where the lot is located.

Lot Width - the horizontal distance measured along a straight line connecting the points where the minimum front yard line meets the interior lot lines, or, if on a corner, the other front yard line.

Lowest Floor - any floor, including a basement, used for living, which includes working, sleeping, eating, cooking or recreation facilities, or any combination thereof.

Lumber/Building Material Sales - an establishment engaged in the retail sale of finished lumber, packaged roofing materials, doors, and other materials used by individuals or builders. All materials shall be stored and sold from a completely enclosed building with the exception of the lumber which may be stored in buildings with a roof.

Lumberyard - an establishment engaged in the cutting, dressing, finishing and wholesale sale of lumber.

Major Design Modifications - Any change to the PUD plan not classified as an Insignificant Deviation or a Minor Design Modification and shall require an amendment to and modification of the PUD.

Manufactured Home - a dwelling unit that (1) 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; (2) exceeds forty (40) feet in length and eight (8) feet in width; and (3) is not constructed in accordance with the standards set forth in the North Carolina State Building Code.

Manufactured Home, Class A - 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 (HUD) that were in effect at the time of construction and that satisfies "acceptable similarity" appearance criteria established by Section 5.04.

Manufactured Home, 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, but which does not satisfy all of the criteria necessary to qualify the house as a Class A manufactured home.

Manufactured Home, Class C - any manufactured home that does not meet the definitional criteria of a Class A or Class B manufactured home.

Manufactured Home Park or Subdivision - a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

Manufacturing, Processing and Assembling - the mechanical or chemical transformation of materials or substances into new products. The land uses engaged in these activities are usually described as plants, factories, or mills and characteristically use power-driven machines and materials handling equipment. Establishments engaged in assembling component parts of manufactured products are also considered under this definition, if the new product is neither a fixed structure nor other fixed improvement. Also included is the blending of materials such as lubricating oils, plastics, resins or lacquers.

Mean Sea Level - the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the flood plain. For purposes of this ordinance, the term is synonymous with National Geodetic Vertical Datum (NGVD).

Medical/Dental Laboratory - an establishment engaged in the testing and analysis of material for medical or dental services or for the patient on prescription of a health practitioner.

Medical Practitioner's Office - an establishment offering diagnostic and routine health care on an out-patient basis by licensed practitioners such as, but not limited to, physicians, dentists and chiropractors.

Membership Organizations - a membership establishment operated by a corporation or association of persons for activities which include, but are not limited to, business, professional, social, literary, political, educational, fraternal, charitable or labor activities, but which are not operated for profit or to render a service which is customarily conducted as a business.

Microbrewery - an establishment where beer and malt beverages are made on the premises at an annual beer production rate of under fifteen thousand (15,000) barrels of beer per year. Microbreweries sell to the public by one (1) or more of the following methods: brewer to wholesaler to retailer to consumer; brewer (acting as wholesaler) to retailer to consumer: and directly to consumer. All applicable NC ABC Permits are required.

Micro-distillery - an establishment engaged in the production and distribution of spirituous beverages at an annual rate of no more than fifty thousand (50,000) proof gallons a year. Tastings of the product manufactured on site may be an ancillary use. A tasting room to sample only the product produced on site is permitted. All applicable NC ABC Permits are required.

Minor Design Modifications - those changes that have no substantial impact on neighboring properties, the general public or those intended to occupy or use the proposed development.

Mixed Development - a mixture of residential, office, commercial, and/or institutional uses.

Mixed Use Development - the combination of complementary land uses in an integrated fashion through the development of a tract of land, building or structure.

Mobile Home - synonymous with manufactured home, defined herein. The term "manufactured home" is considered to be more accurate terminology for the variety of factory built homes now being constructed, which includes units intended for permanent sites as well as transient use.

Mobility and Development Plan - the most recently adopted plan for public streets, bicycle and pedestrian facilities, transit, freight and aviation facilities throughout the City's jurisdiction.

Modular Home - a dwelling unit constructed in accordance with the standards set forth in the North Carolina State Building Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation.

Motor Vehicle - a self-propelled wheeled vehicle that does not run on rails.

Motor Vehicle Repair, Minor:

Sale and service of spark plugs, batteries, and distributor and ignition system parts.

Sales, service and repair of tires, but not recapping or regrooving.

Replacement of mufflers, tail pipes, water hose, fan belts, brake fluids, light bulbs, fuses, floor mats, seat covers, windshield wipers and blades, grease retainers, wheel bearing, mirrors, and the like.

Radiator cleaning, flushing, and fluid replacement.

Greasing and lubrication.

Providing and repairing fuel pumps, oil pumps, and lines.

Minor adjustment and repair of carburetors.

Emergency repair of wiring.

Adjusting brakes and installing exchange brake shoes.

Minor motor adjustment not involving removal of the head or crankcase and grinding valves.

Wheel balancing.

Battery recharging.

Warranty maintenance and safety inspections.

Other minor servicing of a similar intensity to those listed above.

Motor Vehicle Repair, Major - any automotive repairs or servicing not listed under Minor, above.

Motor Repair, Small - any repairs or servicing of small lawn and garden or similar equipment.

Multi-family Structures - three (3) or more attached dwelling units.

Museum - an establishment engaged in the procurement, care, study and display of objects of historical, educational and cultural value and interest.

National Geodetic Vertical Datum (NGVD) - as corrected in 1929, a vertical control used as a reference for establishing varying elevations within the flood plain.

New Construction - structures for which the start of construction commenced on or after the effective date of this ordinance.

Nonconforming - lots, uses of land, uses of structures, structures, or characteristics of uses, which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this ordinance.

Nude Model Studio - any place where a person who appears semi-nude, in a state of nudity, or who 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 other form of consideration. (Nude model studio shall not include a proprietary school licensed by the State of North Carolina or a college, junior college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; and where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and where no more than one (1) nude or semi-nude model is on the premises at any one (1) time.)

Nursing/Convalescent/Extended Care Facility - any facility which provides nursing services as defined by State law. Facility means any institution, building, residence, private home, or other place, whether operated for profit or not, including those places operated by a county or municipality, which undertakes through its ownership or management to provide nursing care, personal care, or custodial care for persons not related to the owner or manager by blood or marriage, who for reason of illness, physical infirmity, or advanced age require such services, but shall not include any place providing care and treatment primarily for the acutely ill.

Off-Premises - not located on the zoning lot with the principal use or structure.

Official Maps or Plans - any maps or plans officially adopted by the City Council as a guide for the development of the City and surrounding area.

Open Space -

Open space is the total horizontal area of uncovered open space plus one-half (½) the total horizontal area of covered open space subject to limitations set forth below.

Uncovered open space is total gross residential land area not covered by buildings, plus open exterior balconies and roof areas improved as recreation space.

Covered open space is usable open space closed to the sky, but having two (2) clear unobstructed open or partially open sides. Partially open is construed as fifty percent (50%) open or more. Examples of covered open space area are covered balconies, covered portions or improved roof areas, or spaces under buildings supported on columns or posts on cantilevers. The square footage countable as covered open space shall not exceed the square footage of the open sides.

Outdoor Storage - the storage outside of a building, or within buildings with less than three (3) sides, of materials, stuff, supplies, merchandise, equipment, non-motorized commercial vehicles and like items, but excluding junk.

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

Parking, Off-Street - space located outside of any street right-of-way or easement and designed to accommodate the parking of motorized domestic and commercial vehicles.

Parking Space - a portion of the vehicle accommodation area set for the parking of one (1) vehicle.

Person - any natural person, partnership, corporation, body politic and incorporated association, organization or society which may sue or be sued under a common name.

Place of Assembly - a place designed to accommodate the assembly of persons attending athletic events, musical performances, dramatic or dance performances, speeches or ceremonies, and other such entertainment events, and including, but not limited to, coliseums, athletic centers, concert halls, and auditoriums.

Planned Unit Development - see Article 3.

Planning Board - the planning board of the City of Statesville, North Carolina.

Plans, Construction - plan profile sheets in sufficient detail to indicate the construction of all the improvements associated with the property to be subdivided prepared by a professional engineer or land surveyor licensed by the State of North Carolina.

Plans, Sketch - a simple sketch of a proposed subdivision providing information required under Article 2.

Plat - a map or plan which delineates:

A tract or parcel of land which is to be, or which has been subdivided;

A tract or parcel of land to be officially dedicated for public or private use;

A right-of-way for street or utility purposes to be dedicated for public or private use;

An easement to be dedicated for utility, public or private use; or

A combination thereof.

Plat - shall include the terms "map," "plot," "plan," "plat," "replat," "replot."

Plat, Final - a plat prepared in accordance with the requirements of this chapter and G.S. § 47-30, in a form suitable for recording, with necessary affidavits, dedications and with complete bearings and dimensions of all lines defining lots, streets, public and private areas and other dimensions of land required by this chapter. The final plat shall be approved and recorded prior to the sale of land within a subdivision as defined herein.

Plat, Preliminary - a plat prepared in accordance with this ordinance, drawn to scale, which delineates the proposed subdivision in sufficient detail, including, but not limited to; street right-of-way, and lot layout. The preliminary plat precedes the final plat preparation.

Plat, Unconventional Subdivision - plats which reflect a subdivision of land as addressed in Article 1.

POA - Property Owners Association.

Primary Project Signage - signage at main ingress/egress points, entry features or major signs between varying uses within the PUD.

Professional Services - an establishment containing practitioners of a calling or vocation in which a knowledge of some department of science or learning is used in its application to the affairs of others. Such activities would include, but not be limited to, accounting, auditing and bookkeeping services, architectural services, engineering and surveying services, interior design services and legal services. Physicians and dentists are classified as health practitioners.

Project Edge - The Project Edge is the area encompassing the outermost extent of the PUD District where it abuts adjacent properties, roadways or other adjacent features. The Project Edge requirements for a PUD are further explained in Section 2.08.

Public Safety Training Facility (PSTF) - a program developed as part of a Community College Basic Law Enforcement Training (BLET) curriculum offering educational and training opportunities for enrolled students as well as current local/regional public safety officials.

Public Service Facility - the use of land, buildings, or structures by a public utility, railroad, or governmental agency, including water treatment plants, telephone exchanges, resource recovery facilities, and other similar public service structures, but not including land, buildings, or structures devoted solely to the storage and maintenance of equipment and materials.

Public Use Facility - the use of land, buildings, or structures by a municipal or other governmental agency to provide protective, administrative and social services directly to the general public, including police and fire stations, municipal buildings, community centers, and any other public facility providing the above services, but not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and not including public cultural facilities or public service facilities.

Public Utility Uses - electric transmission and distribution lines, gas and water pumping stations, transformer stations, sewer pump/lift stations but not including land used for storage of materials and maintenance of equipment.

Publishing/Printing - an establishment primarily engaged in preparing, publishing, and printing newspapers, periodicals, books and pamphlets.

Quasi-judicial decision - 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 (1) or more generally stated standards requiring a discretionary decision on the findings to be made by the decision-making board.

Race Shop - a facility for the preparation of vehicles and/or engines for on or off road competition including the preparation of motor vehicles, engines, boats, go-carts and the like.

Radio/Television Studio - a facility for the production and broadcast of radio and television shows, including such things as offices, dressing rooms, broadcast and taping studios, file rooms, set storage and related installations, but not including radio and television transmitting and receiving facilities, as defined in this ordinance.

Radio/Television Receiving Antenna or Dish, Accessory - an antenna or dish designed for the above-ground reception of airborne radio or television signals and serving only the needs of the occupants of a single building or of a single residential development.

Radio/Television Transmitting or Receiving Facility - the use of land, buildings, or structures for the above-ground transmission or reception of airborne radio or television signals, including all transmitting and receiving towers, dishes and antennas except accessory radio or television receiving antennas and dishes.

Recreation Outdoor - a commercial land use of exterior outdoors for organized athletic recreational activities such as volleyball, basketball, tennis, pickle ball, batting cages, weight training or cross fit; to be used in conjunction with a commercial gym. Where the outdoor recreational area is adjacent to a residential property or as indicated by "SR" in Table 3-1 of Article 3, Section 3.04; compliance with Section 5.04 (AAA) is required.

Recreational Vehicle - a vehicular type portable structure which can be towed, hauled or driven and is primarily designed as temporary living accommodations for recreational, camping and travel use and includes, but is not limited to, travel trailers, motor homes, camping trailers, campers, auto truck, and recreational vans. This definition also includes boats and all terrain vehicles.

Recreational Vehicle Park - the provision of two (2) or more recreational vehicle spaces on a single zoning lot.

Recreational Vehicle Space - an area of land designated for the location of a recreational vehicle while said recreational vehicle is in use as a dwelling unit.

Regulations - shall mean the subdivision regulations of the City of Statesville, North Carolina, and shall include the word "ordinance."

Rehabilitation Centers - an establishment engaged exclusively in the provision of out-patient services to correct, cure or assist an individual in adjusting to a physical disability. Such services include, but are not limited to, physical therapy, occupational therapy, speech therapy, but excluding therapy for mental illness, drug or alcohol dependency, or rehabilitation of criminals.

Rental/Leasing of Light Equipment - an establishment engaged in the renting or leasing of equipment including, but not limited to, wedding supplies, party supplies, small appliances, hand tools, furniture, and like items.

Replat - a final plat drawn for the purpose of lot consolidation and/or rearrangement, which conforms to paragraph (1) of the definition of a "subdivision" in this section.

Research Activity Lab - research, development, and prototype testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation, and engineering, provided such activities are conducted within entirely enclosed buildings and produce no noise, smoke, glare, vibration, or odor detectable outside the buildings.

Reservation - an obligation to keep property free from development for a stated period of time. The time period shall be for twenty (20) years, if not stated on the plat. A reservation of land does not involve any transfer of property rights.

Residential Event Centers - a facility in a residential district that's primary use is a single-family home but can be used to host small scale events such as weddings, parties, retreats and the like.

Residential Land Use - all land for residential development and related uses, including open space, or on the lot where residential uses in other locations are established. Such land area shall be construed to include streets entirely within residential portions of the development, common open space, and lands accepted for dedication to public use.

Retail - the use of land, buildings or structures for the sale of merchandise to the consumer of the merchandise which may include, but not be limited to, convenience goods, shoppers' goods, bicycle sales, gas stations, liquor stores, lumber and other building material sales, mail order pickup facilities, mobile home sales, motor vehicle sales, service stations, and sales of used merchandise.

Retail Sales, Convenience Goods - commercial establishments that generally service day-to-day commercial needs of a residential neighborhood, including, but not limited to, convenience stores, tobacco shops, newsstands, bakeries, candy, nut and confectionery stores, delicatessens, dairy products, meat and seafood markets, produce markets, food stores with less than ten thousand (10,000) square feet in floor area, and eating establishments.

Retail Sales, Shoppers' Goods - commercial establishments that supply the more durable and permanent needs of a community, including, but not limited to, apparel and footwear stores; appliance stores; art supplies stores; automotive supply stores; book and stationery stores; camera and photography supplies stores; department stores; discount stores; drug stores; drinking establishments; farm supplies stores; florists; furniture and home furnishing stores; gift shops; gun and ammunition sales; hardware stores; hobby, toy and craft stores; jewelry stores; lawn and garden supply stores; novelty and souvenir shops; office equipment stores; optician and optical supplies stores; paint and wallpaper stores; pet shops; radio and television sales stores; sporting goods stores; supermarkets; trading stamps redemption stores; and variety stores.

School - a facility which is in compliance with the North Carolina Compulsory School Attendance Law and provides a curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, junior high schools, and high schools.

School - Business, Technical, Trade, and Vocational Training - land use(s) engaged in offering a variety of technical, trade, continuing education, vocational and skills training educational services to clients. Includes facilities providing workforce education and college transfer academic programs and may include institutions that offer on-site living accommodations (i.e. dormitories) but not approved by the North Carolina Department of Public Instruction

School - College, University, Community College - a degree-granting establishment, accredited or qualified for accreditation by the Southern Association of Colleges and Schools, providing formal academic education and generally requiring for admission at least a high school diploma or equivalent academic training, including colleges, community colleges, universities, technical institutes, seminaries, and professional schools. Accessory uses under this definition include, but are not limited to, dormitories, cafeterias, bookstores, libraries, classrooms, administrative offices, research facilities, sports arenas, and auditoriums.

Schools - Preparatory - a land use providing academic courses designed to satisfy curriculum requirements/standards established by the State of North Carolina Department of Public Instruction including pre-school through 12th grade/pre-college activities provided by either public or private institutions. The term includes kindergarten, elementary/secondary and high schools, schools for the mentally and/or physically disabled, military academies, schools for the deaf or visually impaired, and alternative schools.

Service Building - a structure housing toilet, lavatory, and such other facilities as may be required to serve a travel trailer parking area.

Service Station - an establishment where gasoline, diesel fuel and/or biofuel is supplied and dispensed at retail and where, in addition, the following services only may be rendered within an enclosed structure and sales made accessory to the sale of gasoline and/or diesel fuel:

Sales and service of spark plugs, batteries, and distributor and ignition system parts;

Sales, service, and repair of tires, but not recapping or regrooving;

Replacement of mufflers, tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and blades, grease retainers, wheel bearings, mirrors, and the like;

Radiator cleaning, flushing, and fluid replacement;

Washing and polishing, and sale of automotive washing and polishing supplies;

Greasing and lubrication;

Providing and repairing fuel pumps, oil pumps and lines;

Minor adjustment and repair of carburetors;

Emergency repair of wiring;

Minor motor adjustment not involving removal of the head or crankcase;

Sale of beverages, packaged food, tobacco products, and similar convenience goods for customers, as accessory and incidental to principal uses;

Provision of road maps and other travel information to customers;

Provision of restroom facilities;

Warranty maintenance and safety inspections.

Uses permissible at a service station do not include major mechanical and body work, straightening of body parts; painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in service stations.

Sexual Encounter Center - a business or commercial enterprise that, as one (1) of its principal business purposes, offers for any form of consideration, physical contact in the form of wrestling or tumbling between persons of the opposite sex, or activities between male and female persons and/or persons of the same sex when one (1) or more of the persons is in a state of nudity or semi-nude.

Sign - for the purposes of this Code, a sign shall be considered as any form of publicity directing attention to an individual, activity, business, service, profession, entertainment, commodity or product and conveyed by means of words, figures, numerals, lettering, emblems, devices, designs, trademarks, trade names, or other devices erected on an open framework or attached or otherwise applied to posts, stakes, poles, trees, building exteriors or other structures or supports. (See Sign Code, Article 6)

Site Distance Triangle - the triangular area formed by a diagonal line connecting two (2) points located on intersecting right-of-way lines, or a right-of-way line and the curb or edge of pavement of a private street or driveway, each point being thirty-five (35) feet from the intersection, and the two (2) intersecting right-of-way lines (or right-of-way line and curb cut). A sight triangle may also be created with dimensions as determined by the North Carolina Department of Transportation.

Site Plan - a scaled drawing and supporting text showing the relationship between lot lines and the existing or proposed uses, buildings, or structures on the lot. The site plan may include 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 judgement and discretion is a quasi-judicial decision. A site plan may also be approved as a conditional zoning decision.

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. See also "bedroom."

Solid Waste - garbage, rubbish, refuse or other discarded solid or semi-solid material resulting from domestic, commercial, industrial, agricultural activities and government operations, excluding solids or dissolved materials in domestic sewage or other significant pollutants in water resources such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows or other common water pollutants.

Special Use - a use which would not be appropriate generally or without special study throughout the zoning district but which, if controlled as to number, size, location or relation to the neighborhood, would promote the public health, safety and general welfare.

Special Use Permit - governs uses that may be appropriate in the zoning district subject to specific conditions.

Specified Anatomical Areas - shall mean:

Less than completely and opaquely covered human genitals; pubic region; anus; or female breast below a point immediately above the top of the areolae, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areolae is not exposed.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device covering that, when worn, simulates male genitals in a discernibly turgid state.

Specified Sexual Activities - shall mean:

Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts.

Sex acts normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy.

Masturbation, actual or simulated.

Human genitals in a state of sexual stimulations, arousal, or tumescence.

Excretory functions as part of or in connection with any of the activities set forth in (A), (B), (C) or (D) above.

Start of Construction - the first placement of permanent construction of a structure (including a manufactured home) on a site, such as pouring of slabs or footings or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation such as clearing, grading and filling; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

Story - that portion of a building included between the surface of any floor and the surface of the floor next above it; or if there be no floor above it, then the space between such floor and the ceiling next above it.

Street - a public thoroughfare or road which has been dedicated to public use and accepted for maintenance by the City or the North Carolina Department of Transportation or which has been improved to the standards necessary for acceptance by the City or the North Carolina Department of Transportation.

Street, Alley - a minor way used for vehicular access to the rear or side of properties otherwise abutting a street at the front.

Street, Arterial - a major street in the City's street system that serves as an avenue for the circulation of traffic onto, out, or around the City and carries high volumes of traffic.

Street, Collector - a street whose principal function is to carry traffic between minor, local, and subcollector streets and arterial streets but that may also provide direct access to abutting properties. It serves or is designed to serve, directly or indirectly, more than one hundred (100) dwelling units and is designed to be used or is used to carry more than eight hundred (800) trips per day.

Street, Cul-de-sac - a street that terminates in a vehicular turnaround.

Street, Local - a street whose sole function is to provide access to abutting properties. It serves or is designed to serve at least ten (10) but not more than twenty-five (25) dwelling units and is expected to or does handle between seventy-five (75) and two hundred (200) trips per day.

Street, Marginal Access - a street that is parallel to and adjacent to an arterial street and that is designed to provide access to abutting properties so that these properties are somewhat sheltered from the effects of the through traffic on the arterial street and so that the flow of traffic on the arterial street is not impeded by direct driveway access from a large number of abutting properties.

Street, Minor - a street whose sole function is to provide access to abutting properties. It serves or is designed to serve not more than nine (9) dwelling units and is expected to or does handle up to seventy-five (75) trips per day.

Street, Private - a street which has been approved by the City Engineer and Planning Director to be private and designed according to the City of Statesville Street Specifications and Details. Collector streets may not be designated as a private street.

Street, Public - a dedicated and accepted right-of-way maintained by the State of North Carolina or the City of Statesville and providing access to adjacent property.

Street, Subcollector - a street whose principal function is to provide access to abutting properties but is also designed to be used or is used to connect minor and local streets with collector or arterial streets. Including residences indirectly served through connecting streets, it serves or is designed to serve at least twenty-six (26) but not more than one hundred (100) dwelling units and is expected to or does handle between two hundred (200) and eight hundred (800) trips per day.

Structural Alteration - any change, except for repair or replacement, in the supporting members of a structure, such as, but not limited to, bearing walls, columns, beams or girders.

Structure - anything constructed or erected 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, manufactured homes, signs, fences, walls, bridges, monuments, flagpoles, antennas, transmission poles, towers, and cables.

Structure, Accessory - a subordinate structure detached from, but located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure. The accessory structure is less than the square footage of the principal structure.

Figure 9-1: Accessory Structure

Structure, Principal - a structure or, where the context so indicates, a group of structures in or on which is conducted the principal use of the lot on which such structure is located.

Subdivision -

Includes all divisions of a tract or parcel of land into two (2) or more lots, building sites, or other divisions, for the purpose, whether immediate or future, of sale or building development, and shall include all divisions of land involving the dedication of a new street or a change in existing streets; provided, however, that the following shall not be included within this definition nor be subject to the regulations prescribed by this chapter:

The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the City as required by this chapter.

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

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

The division of a tract of land in single ownership where the entire area is not greater than two (2) acres into not more than three (3) lots, where no street right-of-way is involved, and where the resultant lots are equal to or exceed to standards of the City, as required by this chapter.

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

Subdivisions, for the purpose of this ordinance, shall be categorized into two (2) separate classes, defined and described as follows:

Major Subdivision - the subdivision of land as defined herein, which exceeds the classification of a "minor subdivision" and which shall conform to the procedures for approvals, the requirements and standards as specified in this Code.

Minor Subdivision - the subdivision of land as defined herein, out of a tract of land in single ownership which:

Does not involve the construction of new streets or alterations to existing streets.

Does not fall within corridors of any new planned or proposed street as shown on the Mobility and Development Plan adopted by the City of Statesville.

Does not involve the extension of public utilities.

Does not create more than ten (10) lots.

Does not landlock or impair ingress or egress to or from rear or side of the tract of subject property or any adjoining properties.

Does not violate any other local, State or Federally adopted law, ordinance, regulation, plan or policy.

Each lot in a minor subdivision, as defined herein, shall abut an open, publicly dedicated and accepted street for a distance as prescribed by this Code and shall meet or exceed the minimum area and dimensional requirements as specified therein. Each lot or parcel, subdivided or intended to be an addition to an existing lot or lots which front a publicly dedicated and accepted street, may be allowed under this definition. Such additions to an approved existing lot as described above may be allowed to be added to the side or rear of the existing lot.

Substantial Improvement - any repair, reconstruction, or improvement of a structure, within any twelve (12) month period, where the cost equals or exceeds fifty percent (50%) of the market value of the structure, either (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing State and local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

Taproom - a room that is ancillary to the production of beer at a brewery or microbrewery where the public can purchase and/or consume only the beer produced on site. All applicable NC ABC Permits are required.

Technical Review Committee - the City of Statesville Technical Review Committee consisting of representatives of Planning, Public Works (Engineering, Water/Sewer Maintenance, Street, Sanitation), Electrical, Wastewater Treatment and Fire Departments.

Technical Schools - the use of land, structures or buildings for the provision of training in various skills and may include, but not limited to, business schools, trade schools and vocational schools.

Temporary Recreational or Entertainment Related Activities - fairs, bazaars, concerts and other special events intended to attract fifty (50) or more individuals and necessitating special provisions to address the parking and sanitation needs of participants.

Temporary Road Construction Projects - improvements and repairs to existing roads and/or construction of new roads by the North Carolina Department of Transportation (NCDOT) or the City of Statesville.

Thoroughfare Plan - see Mobility and Development Plan.

Tobacco Shop (includes Hookah and Vape) - an establishment dedicated to the retail sale of tobacco, tobacco products (see definition), and/or tobacco paraphernalia (see definition) as its primary source of income, meaning more than fifty (50) percent of gross monthly sales. The sale of products shall include e-cigarettes, hookah and vape products/cartridges. If consumption is allowed, the use may not involve the on-site consumption of alcohol or food (i.e., bar and/or restaurant) consistent with North Carolina state regulations. A grocery store, convenience store, or similar retail use that sells tobacco products or tobacco paraphernalia as an ancillary sale is not included in this definition.

Tobacco Paraphernalia - any equipment, device, or instrument that is primarily designed or manufactured for the smoking, chewing, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means into the body of tobacco, tobacco products (see definition), or other controlled substances. Items or devices classified as tobacco paraphernalia include, but are not limited to: pipes, electric pipes, e-cigarettes, e-cigarette juice, buzz bombs, vaporizers, hookahs and devices for holding burning material. Lighters and matches are excluded from the definition of tobacco paraphernalia.

Tobacco Product - any product in leaf, flake, plug, liquid (such as e-cigarette liquid, vape cartridges, hookah products), or any other form, containing nicotine or tetrahydrocannabinol derived from the tobacco or hemp plant, or otherwise derived, which is intended to enable human consumption of the 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 Code, this term excludes any product that has been specifically approved by the United States Food and Drug Administration for sale as a tobacco/smoking cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose.

Trade School - see Vocational School.

Trailer - any of the following:

Travel Trailer - a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified travel trailer by the manufacturer of the trailer and, when factory equipped for the road, it shall have a body width not exceeding eight (8) feet, and a body length not exceeding thirty-two (32) feet.

Pick-up Coach - a structure designed to be mounted on a truck chassis for the use as a temporary dwelling for travel, recreation, and vacation.

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

Camping Trailer - a canvas, folding structure, mounted on wheels and designed for travel, recreation, and vacation use.

Dependent Trailer - a trailer which is dependent upon a service building for toilet and lavatory facilities.

Self-Contained Trailer - a trailer which can operate independent of connections to sewer, water, and electric systems. It contains a water-flushed toilet, lavatory, shower and kitchen sink, all of which are connected to water storage and sewage holding tanks located within the trailer.

Trailer Space - a parcel of land in a travel trailer parking area for the placement of a single trailer and the exclusive use of its occupants.

Trailer Stand - that part of an individual trailer space which has been reserved for the placement of a single trailer and its accessory structures.

Transportation Plan - the most recently adopted plan for public streets, bicycle and pedestrian facilities, transit, freight and aviation facilities throughout the City's jurisdiction referred to as the Mobility and Development Plan.

Travel Trailer Parking Area - a parcel of land in which two (2) or more spaces are occupied or intended for occupancy by trailers for transient dwelling purposes.

Truck Stop/Travel Plaza - a business that is open to the public and that serves commercial vehicles such as tractor trailers or other heavy trucks, including by selling fuel to such vehicles. Truck stops/travel plazas may provide repair and maintenance services, food and convenience item sales, overnight vehicle accommodation, and other related services typically associated with such uses. A truck stop/travel plaza need not serve commercial vehicles exclusively and may also provide fuel sales and other services for passenger vehicles or other types of vehicles. A business that would otherwise meet this definition shall not be deemed a truck stop/travel plaza if it has no more than two (2) diesel fuel pumps and no more than five (5) overnight parking spaces large enough for tractor trailers or other heavy trucks.

Use - the specific activity or function for which land, a building, or a structure is designated, arranged, occupied, or maintained.

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

Use, Principal - the primary use and chief purpose of a lot or structure.

Used Merchandise - an establishment engaged in the sale of previously owned goods, except the sale of used motor vehicles.

Utility Services - transmission and distribution systems for electricity, telephone, telegraph, cable television, water, sewage, and gas.

Variance - a grant of relief to a person from the requirements of this ordinance which permits a use or construction of a structure in a manner otherwise prohibited by this ordinance where specific enforcement would result in an unnecessary hardship.

Vehicle Accommodation Area - that portion of a lot that is used by vehicles for access, circulation, parking and loading and unloading. It comprises the total of circulation areas, loading and unloading areas, and parking areas (spaces and aisles).

Veterinary Clinic, Small Animal - any structure and land used (primarily and essentially) for the medical and surgical care of ill, injured, or disabled animals (other than human) of no greater size than a dog.

Violation - the failure of a building, structure, use, action or other matter subject to this Code to be fully compliant with the regulations herein. Each day the failure to conform exists shall be counted as a separate violation.

Vocational School - a vocational school, trade school, or career college in which students are taught the skills needed to perform a particular occupation, such as, but not limited to, automotive repair, barbering, cosmetology, hair styling, bartending and interior decorating.

Warehouse - a building or group of buildings for the storage of goods or wares belonging either to the owner of the facility or to one (1) or more lessees of space in the facility or both, with access to contents only through management personnel.

Warehouse, Mini - a building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual, compartmentalized and controlled access stalls or lockers for the storage of goods belonging to the individual lessees of the stalls and accessible to the lessees through individual doors.

Wholesale Distribution - establishments engaged in selling merchandise to retailers, to industrial, commercial, institutional or professional business users or to other wholesalers.

Wood Processing - the development of raw wood materials into processed forms, such as, but not limited to, pulp products, paper, engineered wood products (medium-density fiberboard (MDF), construction materials (milled boards), and/or residuals (wood chips).

Yard - an open space unoccupied and unobstructed by any structure or portion of a structure from thirty-six (36) inches above the general ground level of the graded lot upward (except as otherwise provided by these regulations), provided, however, that fences and walls may be permitted in any yard subject to height limitations established herein, and further provided that poles, posts and other customary yard accessories, ornaments, and furniture shall be permitted in any required yard, if they do not constitute substantial impediments to free flow of light and air across the yard to adjoining properties.

Yard, Front - a yard extending between the side lot lines across the portion of a lot adjacent to a street.

Yard, Rear - a yard extending across the rear of a lot between the side yard lines. The rear yard shall be at the opposite end of the lot from the front yard, excepting in the case of through lots, corner lots and waterfront lots.

Yard, Side - a yard extending along the side of a lot between the front yard and the rear yard except on corner lots where the side yard is the yard along any interior lot line which intersects with a street lot line.

Zoning Compliance Permit - a permit issued by the planning director or his designee authorizing the recipient to make use of property in accord with the requirements of this ordinance. This permit may either be a separate document or part of the normal permits associated with certificates of occupancy, occupational license applications, buildings permits, or the like.

Zoning Districts - areas of land or water, whose boundaries are indicated on the Official Zoning Map, within which all properties are regulated by the general regulations of this ordinance and the specific regulations of the individual district.

Zoning Lot - a lot or combination of lots shown on application for a zoning compliance permit.

(Ord. No. 01-14, 3-17-2014; Ord. No. 27-15, 12-7-2015; Ord. No. 29-15, 12-7-2015; Ord. No. 02-16, 2-1-2016; Ord. No. 04-16, 3-21-2016; Ord. No. 43-17, 11-20-2017; Ord. No. 04-18, 2-5-2018; Ord. No. 09-19, 4-1-2019; Ord. No. 12-20, 6-15-2020; Ord. No. 08-21, 3-1-2021; Ord. No. 34-19, 10-21-2019; Ord. No. 02-23, exh. A, 1-9-2023; Ord. No. 10-23, 4-3-2023; Ord. No. 19-23, 5-1-2023; Ord. No. 22-23, § 4, 6-5-2023; Ord. No. 30-23, 8-7-2023; Ord. No. 31-23, § 2, 8-7-2023; Ord. No. 02-24, 1-8-2024)