(a)

Measurements generally.

(1)

Straight lines. Unless otherwise stated in this chapter, distances specified in this chapter are to be measured as the length of an imaginary straight line joining two points.

(2)

Rounding. All calculations that result in part of a whole number shall be rounded up to the next highest whole number, unless otherwise provided in this section or elsewhere in this chapter.

(3)

Irregular shapes. In cases where an irregular shape complicates the application of these standards, the zoning administrator shall determine the applicable dimensional, setback, or bulk standards.

(b)

Lot lines.

(1)

Lot line, front. The lot line along the edge of the street. Where no street is present or on corner lots, then the front lot line shall be that line which runs most closely parallel to the beach strand. Through lots shall have two front lot lines.

(2)

Lot line, rear. The lot line opposite and most distant from the front lot line. Through lots shall have no rear lot line.

(3)

Lot line, side. The lot line connecting the front and rear lot lines regardless of whether it abuts a right-of-way or another lot line.

(c)

Lot types.

(1)

Lot, corner. A lot abutting the intersection of two or more streets. A corner lot is required to provide a front setback and a side setback. The front setback shall be measured from the front lot line that runs parallel or as close to parallel with the beach strand.

(2)

Lot, interior. Any lot not bordering the Atlantic Ocean, Banks Channel, or a canal.

(3)

Lot, second tier. A lot not fronting on, or otherwise lying immediately adjacent to a public street, separated from such street by only one lot.

(4)

Lot, third tier. A lot not fronting on a public street or not otherwise lying immediately adjacent to a public street, separated from such street by only two lots.

(5)

Lot, through. A lot, other than a corner lot, which has frontage on two parallel or nearly parallel streets. The required front setback shall apply to both streets. The remaining yards shall meet the side setback requirements. The lot's address and primary entrance of a building (if applicable) should be consistent with the predominant orientation of the block in which the lot is located.

(d)

Lot measurements.

(1)

Lot depth. The average distance between the front and rear lot lines measured at right angles to its frontage and from corner to corner.

(2)

Lot frontage. The orientation of the lot as determined by the zoning administrator for purposes of determining setbacks and emergency (911) access. In determining such, the lot's frontage should oppose the front lot line. Through lots shall have frontage on two sides, and where possible the placement of the structure should be consistent with the predominant orientation of the block in which the lot is located.

(3)

Lot width. The straight line distance between the points where the building front yard setback line intersects the two side lot lines.

(4)

Minimum lot area. The minimum amount of required land area, measured horizontally, that must be included within the lines of a lot. Lands located within any private easements on the lot shall be included within the lot area. Public street rights-of-way and private street rights-of-way/common area shall not be included in calculating the minimum lot area.

(e)

Setbacks.

(1)

Setback. The required distance between a structure and the lot lines of the lot on which it is located.

(2)

Setback, front. The setback measured from the front lot line(s). Through lots shall provide a front setback on both streets.

(3)

Setback, rear. A setback from an interior lot line or rear lot line lying on the opposite side of the lot from the front setback.

(4)

Setback, side. The side yard setback shall extend from the required front yard setback line(s) to the required rear yard setback line and shall be measured from the side lot line.

(f)

Setback encroachments.

(1)

Elevators, liftavators, and other mechanical devices for elevating people and cargo may encroach into any required setback not more than 30 inches.

(2)

Flagpoles, mailboxes, bicycle parking, lamp, and address posts are not subject to setback requirements.

(3)

Fences or walls, ornamental entry columns, and gates may extend into or be located in any required setback in accordance with section 16-91.

(4)

Beach access structures, oceanfront gazebos, pedestrian access walkways, and similar appurtenances in compliance with CAMA regulations are not subject to setback requirements.

(5)

Retaining walls of not more than three feet high, as measured from the lowest ground elevation to the top of the wall, are not subject to setback requirements.

(6)

Signs may extend into or be located in any required setback in accordance with section 16-96.

(7)

Sills, cornices, eaves, gutters, heating and air conditioning units, and similar items may project into any required setback not more than 30 inches.

(8)

Uncovered decks and uncovered porches may project one-half the distance into any required rear setback in the R-1, R-2, R-3, and R-4 districts.

(9)

Uncovered steps may project into the front and rear setback by one-half of the setback requirement to adjust for the increased height above base flood elevation.

(Ord. No. 2019-001, 1-9-2019)

(a)

Measurement. The vertical distance from the mean adjacent elevation at the building site to the highest peak of the roof, such elevation to be determined after all site filling and leveling is done and prior to the issuance of the building permit.

(b)

Height exemptions.

(1)

Church steeples, chimneys, water tanks or towers, flagpoles, wireless and broadcasting towers, and antennas are not subject to height limit regulations unless otherwise provided in this chapter.

(2)

No part of the structure may extend beyond the 38-foot height limit plus a freeboard limit of three feet in special flood hazard areas.

(Ord. No. 2019-001, 1-9-2019)

The following words, terms and phrases, when used in this chapter, shall have the meanings and interpretations ascribed to them, except where the context clearly indicates a different meaning. If a term used in this chapter is not defined, the zoning administrator is to interpret the term in accordance with professionally accepted sources:

(1)

Words used in the present tense shall include the future tense.

(2)

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

(3)

Words importing the masculine gender include the feminine.

(4)

Article, this article, including any amendments. Whenever the effective date of the chapter is referred to, the reference includes the effective date of any amendment to it.

(5)

Chapter, this chapter (land development code), including any amendments. Whenever the effective date of the chapter is referred to, the reference includes the effective date of any amendment to it.

(6)

Building includes all structures, regardless of similarity to buildings unless otherwise provided.

(7)

Lot includes the terms "parcel," "plot" and "tract."

(8)

May and should are permissive.

(9)

Shall and will are mandatory and not discretionary.

(10)

"Used for" includes the terms "arranged for," "designed for," "intended for," and "occupied for."

Abutting. Having property or district lines in common. Lots are also considered to be abutting if they are directly opposite each other and separated by a street, railroad, or other transportation corridor.

Access. A way of approaching or entering a property. The term "access" also includes the term "ingress," the right to enter, and the term "egress," the right to leave.

Accessory dwelling unit. An accessory dwelling unit is a complete, independent living facility equipped with a kitchen and with provisions for sanitation and sleeping. Adequate water and sewer or an approved septic system shall be available for all accessory dwelling units.

Accessory structure. A detached subordinate or incidental structure, the use of which is incidental to the principal structure and which is located on the same lot as the principal structure.

Accessory use. A use, which is:

(1)

Conducted or located on the same zoning lot as the principal building or use served, except as may be specifically provided elsewhere in this chapter;

(2)

Clearly incidental to, subordinate in purpose to, and serves the principal use; and

(3)

Either in the same ownership as the principal use or is clearly operated and maintained solely for the comfort, convenience, necessity or benefit of the occupants, employees, customers or visitors of or to the principal use.

Adjacent. Two properties, lots, or parcels are "adjacent" where they abut, or where they are separated by a roadway or street, right-of-way, or canal.

Adjoining. The condition of two parcels of land having a common property line or boundary, including cases where two or more parcels of land adjoin at a corner, but not including cases where parcels of land are separated by a street or alley.

Adult entertainment establishment. Retail or service establishments which are characterized by an emphasis on sexual activity and/or specified anatomical areas, including, but not limited to:

(1)

Any bookstore, video store or other establishment in which a substantial portion of its stock in trade is devoted to printed matter or visual representation of specified sexual activities or specified anatomical areas;

(2)

Any movie theater offering movies or other displays or any establishments offering coin-operated devices, which emphasize specified sexual activities or specified anatomical areas;

(3)

Any cabaret, club, tavern, theater or other establishment which offers entertainment emphasizing specified sexual activities or specified anatomical areas; or

(4)

Any establishment offering massage or similar manipulation of the human body, unless such manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional licensed by the state.

(5)

The term "adult entertainment" does not include massages or similar manipulation offered at an athletic club, health club, school, gymnasium, spa or similar establishments.

AEC. Area of environmental concern as defined by the General Statutes of North Carolina, the North Carolina Administrative Code, and designated by the coastal resources commission.

Aggrieved person. Any person who has standing under G.S. 160D-1402 or a town official, board, or board of commissioners.

Agriculture. The cultivation or production and sale of orchard, garden, or nursery crops on a small or large scale, the production of field grown crops, specialty crops, flowers, fruit, grapes, market gardening, nursery stock, nuts, ornamental plants, sod, vegetables, and similar horticultural uses.

Alley. A public or private right-of-way, not intended for general traffic, primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a street. Alleys shall not be considered a street for setback purposes or for establishing a front lot line.

Apartment. Room or suite of rooms intended for use as a residence by a single household or family (i.e., dwelling unit).

Apartment house. See "dwelling, multifamily."

Appeal. A request for review of the final decision of any provision of this chapter.

Approval. Any and all forms of land development permits, variances, licenses, and any and all other forms of permission and approval, whether or not in writing.

Approval authority. The board of commissioners, board of adjustment, or other board or official designated by this chapter as being authorized to grant the specific zoning or land development permit approval.

Aquaculture. The rearing of aquatic animals, including oysters and similar shellfish, or the cultivation of aquatic plants for food.

Automobile service station (gas station). Any building or land used for the dispensing, sale or offering for sale at retail any automobile fuels along with accessories such as lubricants or tires, except that car washing, mechanical and electrical repairs, and tire repairs shall only be performed incidental to the conduct of the service station and are performed indoors and has no fuel pumps within 15 feet of any property line or street right-of-way. Incidental activities shall not include tire retreading, major body work, major mechanical work or upholstery work.

Beach access and pedestrian water access walkway. Pedestrian access facilities, either private or public, built in accordance with CAMA regulations that afford pedestrians access to the ocean or waterfront. Beach access and pedestrian water access walkways shall include parking areas, and ancillary structures such as gazebos and decks permitted in accordance with this chapter and CAMA regulations.

Bedroom. A heated space within a fully enclosed structure that is currently used for or could be used for a bedroom.

Block. A tract of land or a lot or group of lots bounded by streets, public parks, golf courses, watercourses, ocean, sound, canals, lakes, unsubdivided land or a boundary line or lines of the county or its towns or any combination of the above.

Block frontage. That portion of a block which abuts a single street.

Board of adjustment (BOA). A local decision-making body responsible for hearing appeals, variance requests, and other matters as specified by this chapter.

Board of commissioners. The governing body of the town.

Boardinghouse, bed and breakfast, guest house. A building other than a hotel or motel where, for compensation, one or more meals are served and lodging is provided.

Boat rental facility. A facility established for the rental of motorized and unmotorized water vessels. Boat rental facilities may include rental of kayaks, motor boats, jet skis, or sail boats.

Boat (vessel). A watercraft of any type or size designed to be self-propelled, whether by engine, sail, oar, paddle, or other means, used to travel from place to place by water. A boat or vessel shall also include any machine designed or intended to travel over water by self-propulsion.

Buffer. A fence, wall, hedge or other planted area or device used to enclose, screen or separate one use or lot from another.

Building. Any structure constructed or used for residence, business, industry, or other public or private purposes or accessory thereto, and including tents, lunch wagons, dining cars, trailers, mobile homes and attached or unattached carports consisting of a roof and supporting members, and similar structures, whether stationary or movable.

Building, height of. The vertical distance from the mean adjacent elevation at the building site to the highest peak of the roof, such elevation to be determined after all site filling and leveling is done and prior to the issuance of the building permit.

Building inspector. The professional staff member responsible for inspecting new construction/renovation and issuing building permits, certificates of occupancy, and other permits and enforcement actions as specified by this chapter.

Building permit. An official administrative authorization issued by the town prior to beginning construction consistent with the provisions of G.S. 160D-1110 and subject to expiration in accordance with G.S. 160D-1111.

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

Building setback line. A line marking the setback distance from the appropriate lot line or easement which establishes the minimum required front, side and rear yards and open space of a lot, in front of which no structure shall be erected unless otherwise authorized by this chapter.

CAMA. The North Carolina Coastal Area Management Act of 1974, as amended.

Canopy, marquee or awning. Any roof-like structure extended from a building over a sidewalk, walkway, or entrance way.

Certificate of occupancy. The official certification that a premise conforms to provisions of this chapter (and building code) and may be used or occupied. Such a certificate is granted for new construction or for alterations or additions to existing structures or a change in use. Unless such a certificate is issued, a structure cannot be occupied.

Chronic violator. The owner of a particular property whereupon the town gave notice at least three times in the previous 12 months pursuant to G.S. 160A-200.1 that a particular situation or condition exists on the particular property in violation of any particular provision of an ordinance and the same constituting a public nuisance.

Club or lodge, for private nonprofit, civic or fraternal. A nonprofit association of persons who are bona fide members paying dues, which owns, hires or leases a building or portion thereof; the use of such premises being restricted to members and their guests. Clubs may be established for residential communities and/or standalone organizations (i.e., veterans of foreign wars).

Commercial parking lot. A privately owned and operated parking lot designed to accommodate two axle transportation vehicles for employees and customers of area businesses.

Comprehensive plan. The plan prepared and adopted by the town and submitted to the coastal resources commission for certification. Comprehensive plan shall be construed to include reference to a "land use plan" or "comprehensive land use plan."

Construction. The process of building, erecting, or making improvements on or to land.

Convalescent home (nursing home). An institution, which is advertised, announced or maintained for the express or implied purpose of providing nursing or convalescent care for persons unrelated to the licensee. A convalescent home is a home for chronic or nursing patients who, on admission, are not as rule acutely ill or who do not usually require special facilities, such as an operating room, x-ray facilities, laboratory facilities, and obstetrical facilities.

Convenience food store.

(1)

The term "convenience food store" means a structure in which gasoline, food stuffs, beverages, pharmaceutical, small household supplies and small personal items may be retailed, provided that the gross floor area of the structure shall not exceed 3,500 square feet.

(2)

Commonly, such structure is a neighborhood grocery-type of store selling personal goods and wares that typically can be hand-carried from the premises by the buyer.

(3)

No fuel pumps shall be located within 15 feet of any property line or public right-of-way.

Corner lot. See "lot, corner."

Day care facilities.

(1)

The term "day care facilities" means any child care arrangement which provides day care on a regular basis for more than four hours per day for more than five children, wherever operated and whether or not operated for profit.

(2)

The following are not included in the definition of day care facilities:

a.

Public schools;

b.

Nonpublic schools, whether or not accredited by the state department of public instruction, which regularly and exclusively provide a course of grade school instruction to children who are of public school age;

c.

Summer camps having children in full-time residence;

d.

Summer day camps; and

e.

Bible schools normally conducted during vacation periods.

Decision, final. A final decision specified as such, made in writing, by the zoning administrator or appropriate approval authority regarding the proper application of provisions of this chapter.

Determination. A decision, made in writing, by the zoning administrator regarding the proper application of provisions in this chapter. An determination deemed a final decision is subject to the administrative appeal process. Notice to a party seeking a final determination shall be in accordance with G.S. 160D-403(b).

Development approval. An administrative or quasi-judicial approval, which run with the land, made pursuant to this chapter 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, and variances. The term also includes all other regulatory approvals required by regulations adopted pursuant to this chapter, including plat approvals, permits issued, and building permits issued.

Diameter at breast height (DBH). The measurement of the diameter of a tree trunk taken at a height of four-and-one-half feet above the ground. Trees with multiple trunks should be treated as multiple trees and the DBH for each trunk added to aggregate diameter measurement.

Dimensional nonconformity. A nonconforming situation that occurs when the height, size, minimum floor space of a structure, the relationship between an existing building and other buildings, and/or lot lines does not conform to the regulations applicable to the district in which the property is located.

Dish antenna (or earth station). A dish antenna, or earth station, or any accessory structure capable of receiving, for the sole benefit of the intended principal use, radio, television, or other signals from a transmitter or a transmitter relay located in planetary orbit.

Dish antenna (or earth station) height. The height of the antenna or dish shall be that distance as measured vertically from the highest point of the antenna or dish, when positioned at its lowest angle for operation, to ground level at the bottom of the base which supports the antenna.

Dish antenna (or earth station) setback. The setback of a dish antenna shall be measured from the center mounting post supporting the antenna.

Dock. A structure, typically comprised of wood, that extends alongshore or outwards from the shore into a body of water that allows access to the water or to moored boats or watercraft.

Double frontage lot. See "lot, through."

Dwelling, duplex. A structure comprised of two dwelling units that share common vertical walls or horizontal floors/ceilings; a storage area or garage; or similar enclosed connection. A duplex dwelling structure shall be located on a single lot and dwelling units may be sold separately from the land they are located on provided that each unit possess a separate entrance, water and electrical connection, and solid waste service (trash).

Dwelling, multifamily. A single structure comprised of three or more dwelling units.

Dwelling, single-family. A building containing only one dwelling unit that is not physically attached to any other principal structure on an individual lot. This term includes modular homes. For regulatory purposes, this term does not include a manufactured home or house trailer, motel, hotel, tourist home, or other structures designed for transient residence.

Dwelling, townhouse. A type of multifamily dwelling, in which three or more individual dwelling units are located on individual lots, but attached by one or more common party walls which are shared by one or more units. The habitable spaces of different dwelling units are typically arranged on a side-by-side rather than a stacked configuration.

Dwelling unit.

(1)

The term "dwelling unit" means one or more rooms together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental, and physically separated from any other housing unit which may be in the same structure, and containing independent cooking and sleeping facilities for not more than one family.

(2)

The term "dwelling unit" does not include a manufactured home or house trailer, motel, hotel, tourist home, or other structures designed for transient residence.

Easement. A grant by the property owner of use by the public, a legal entity, or person of a strip of land or parcel for specified reasons. An easement is a recognized interest in real property, but fee simple title to the underlying land is retained by the owner granting the easement.

Eating establishment, major. An eating establishment with a drive-through or with more than 150 seats (including outdoor seating), or with 5,000 feet of customer floor area (not including kitchen/prep area), or more.

Eating establishment, minor. An eating establishment with no drive-through, 150 or fewer seats (including outdoor seating), or with less than 5,000 square feet of customer floor area (not including kitchen/prep area).

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

Familial relationship. For purposes of conflicts of interest section, a "close familial relationship" means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships.

Family. One or more persons related by blood, marriage or adoption living together as a single housekeeping unit and having a recognized head of household. For the purposes of this chapter, such persons may include gratuitous guests, contributing roommates, and domestic servants employed on the same premises.

Family care home. A facility licensed by the appropriate state agency as a family care home for one to six unrelated individuals, together with support and supervisory personnel. See also definitions in G.S. 168-20.

Farmers' market. An occasional or periodic market held in a structure or open area where farmers or craftspersons sell their produce, handmade goods, or farm products.

Fence. A railing, wall or structure to serve as an uncovered enclosure or barrier.

Fill. Any material placed or graded on a lot where the material has the effect of increasing the elevation of any portion of the lot.

Fishing pier and docks. The placing of piling, dolphins of any type, fender, ramp, floating dock, boat lift or other structure occupying the area beyond the high-water line.

Floating structure. Any floating barge-like structure, with or without accommodations, that is not used as a means of transportation on water, but which serves purposes or provides services typically associated with a structure upon or improvements located upon real property such as but not limited to use as a residence, place of business, office, hotel, motel, restaurant, lounge, retail or wholesale store, clubhouse, helicopter pad, meeting facility, storage facility or accessory to any other use. Incidental movement or the capability of movement upon water does not preclude a structure from classification as a floating structure. Registration of the structure as a vessel in accordance with G.S. ch. 75A does not preclude a structure from classification as a floating structure. Floating structures are prohibited from docking throughout the town's zoning jurisdiction.

Floor area (for determining off-street parking and loading requirements).

(1)

The term "floor area" means the sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to such use, including accessory storage areas located within selling or working space such as counters, racks, or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.

(2)

However, the term "floor area," for the purposes of measurement for off-street parking spaces, shall not include:

a.

Floor area devoted to primarily storage purposes (except as otherwise noted herein);

b.

Floor area devoted to off-street parking or loading facilities, including aisles, ramps and maneuvering space; or

c.

Basement floors other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.

Floor area, gross. The total floor area enclosed within a building, as measured from outside wall and including columns.

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

Hardened surfaces. See "impervious surfaces."

Hazardous materials handling and storage. The collection, storage, processing, treatment, recycling, recovery, transfer, or disposal of hazardous waste as defined in G.S. ch. 130A, art. 9. "Hazardous waste" means a solid waste, or combination of solid wastes, which because of its quantity, concentration or physical, chemical or infectious characteristics may:

(1)

Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

(2)

Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.

Height. See "building, height of."

Home care unit. A facility meeting all of the requirements of the state for boarding and care of not more than five persons who are not critically ill and do not need professional medical attention and is located on a lot of at least one acre in size.

Home occupation. Any occupation or profession carried on entirely within a dwelling by one or more occupants thereof, provided that:

(1)

Such use is clearly incidental and secondary to the use of the dwelling for dwelling purposes;

(2)

No more than 25 percent of the total floor area is used for such purposes;

(3)

There is no outside or window display;

(4)

No merchandise is sold on the premises; and

(5)

No person not a resident of such dwelling is employed within the dwelling in connection with the home occupation.

Hotel or motel. A building or other structure kept, used, maintained, advertised as or held out to the public to be a place where sleeping accommodations are supplied for pay to transient or permanent guests or tenants, where rooms are furnished for the accommodation of such guests; and may have one or more dining rooms, restaurants or cafes where meals are served.

Impervious surfaces. Impervious surfaces are mainly constructed surfaces (rooftops, sidewalks, roads, and parking lots) covered by impenetrable materials such as asphalt, concrete, brick, and paving stones. These materials seal surfaces, repel water, and prevent precipitation from infiltrating soils. Soils compacted by urban development are also highly impervious. Unwashed crushed stone containing fines is impervious. Impervious surface does not include a slatted deck; the water area of a swimming pool; a surface of number 57 stone, as designated by the American Society for Testing and Materials, laid at least four inches thick over a geotextile fabric; or a trail as defined in G.S. 113A-85 that is either unpaved or paved as long as the pavement is porous with a hydraulic conductivity greater than 0.001 centimeters per second (1.41 inches per hour).

Incompatible use. A use or service which is unsuitable for direct association and/or contiguity with certain other uses because it is contradictory, incongruous, or discordant.

Industrial, heavy. Heavy industrial uses may include, but shall not be limited to, the following:

(1)

Concentrated fabrication and manufacturing of goods and materials whereby products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers;

(2)

Extraction, removal, or basic processing of minerals, liquids, gases, or other natural resources; and

(3)

Waste-related services which are not associated with residential and nonresidential activities within the town's planning jurisdiction.

Inlet hazard area. Natural-hazard areas that are especially vulnerable to erosion, flooding and other adverse effects of sand, wind, and water because of their proximity to dynamic ocean inlets. This area extends landward from the mean low water line a distance sufficient to encompass that area within which the inlet shall migrate, based on statistical analysis, and shall consider such factors as previous inlet territory, structurally weak areas near the inlet, and external influences such as jetties and channelization. The areas on the maps identified as suggested inlet hazard areas included in the report entitled Inlet Hazard Areas, The Final Report and Recommendations to the Coastal Resources Commission, 1978, as amended in 1981, by Loie J. Priddy and Rick Carraway are incorporated by reference and are hereby designated as inlet hazard areas.

Inoperative vehicle. Any vehicle, designed to be self-propelled, which by virtue of broken or missing component parts, is no longer capable of self-propulsion. For the purpose of this chapter, any vehicle which is registered with the state department of motor vehicles and has a current state motor vehicle registration license affixed to it shall not be considered inoperative.

Interpretation. A determination, made in writing, by the zoning administrator regarding the proper application of provisions in this chapter. An interpretation deemed a final decision is subject to the administrative appeal process.

Junkyard. Any area, in whole or in part, where waste or scrap materials are bought, sold, exchanged, stored, baled, packaged, disassembled, or handled, including, but not limited to, scrap iron and other metals, paper, rags, vehicles, rubber tires and bottles. The term "junkyard" includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings.

Living area. Heated and cooled square footage exclusive of carports, garages, pump houses, unattached utility rooms, porches, steps, walks, and other additions of such character.

Loading space, off-street.

(1)

The term "off-street loading space" means space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles.

(2)

Required off-street loading space is not to be included as off-street parking space in the computation of required off-street parking space.

Lot. A legally described piece of contiguous land that has been or may be developed as a unit. A lot which is bisected by a public or private street shall be considered as two separate lots. The term "lot" includes the terms "plot," "parcel" and "tract."

Lot, corner. A lot abutting the intersection of two or more streets. A corner lot is required to provide a front setback and a side setback. The front setback shall be measured from the front lot line that runs parallel or as close to parallel with the beach strand.

Lot coverage.

(1)

The term "lot coverage" means that portion of a lot occupied by a structure or impervious surfaces, either at ground level or the equivalent thereto when a structure is elevated on piles.

(2)

The term "lot coverage" does not include uncovered wooden decks.

(3)

The portion of a lot under the roof of a structure (which portion shall be considered an impervious surface) shall be measured at the greatest exterior dimension of the structure which shall be the edge of the roof overhang, extended to ground level.

Lot depth. The average distance between the front and back lot lines measured at right angles to its frontage and from corner to corner.

Lot frontage. The orientation of the lot as determined by the zoning administrator for purposes of determining setbacks and emergency (911) access. In determining such, the lot's frontage should oppose the front lot line. Through lots shall have frontage on two sides, and where possible the placement of the structure should be consistent with the predominant orientation of the block in which the lot is located.

Lot, interior. Any lot not bordering the Atlantic Ocean, Banks Channel, or a canal.

Lot line. The line bounding a lot.

Lot line, front. The lot line along the edge of the street. Where no street is present or on corner lots, then the front lot line shall be that line which runs most closely parallel to the beach strand. Through lots shall have two front lot lines.

Lot line, rear. The lot line opposite and most distant from the front lot line. Through lots shall have no rear lot line.

Lot line, side. The lot line connecting the front and rear lot lines regardless of whether it abuts a right-of-way or another lot line.

Lot of record. A lot which is a part of a subdivision, a plat of which has been recorded in the office of the county register of deeds; or a lot described by metes and bounds, the description of which has been recorded in the office of the county register of deeds by the owner or predecessor in title thereto.

Lot, second tier. A lot not fronting on, or otherwise lying immediately adjacent to a public street, separated from such street by only one lot.

Lot, third tier. A lot not fronting on a public street or not otherwise lying immediately adjacent to a public street, separated from such street by only two lots.

Lot, through. A lot, other than a corner lot, which has frontage on two parallel or nearly parallel streets. The required front setback shall apply to both streets. The remaining yards shall meet the side setback requirements. The lot's address and primary entrance of a building (if applicable) should be consistent with the predominant orientation of the block in which the lot is located.

Lot width. The straight line distance between the points where the building front yard setback line intersects the two side lot lines.

Manufactured home. A dwelling unit that:

(1)

Is not constructed in accordance with the standards set forth in the state building code;

(2)

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

(3)

Exceeds 40 feet in length and eight feet in width.

Manufactured home, class A. A manufactured home constructed after July 1, 1976, that meets or exceeds the construction standard promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies the following additional criteria:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

The home is set up in accordance with the standards set by the state department of insurance and federal flood insurance regulations and a continuous, permanent masonry foundation or curtain wall, unpierced, except for required ventilation and access, is installed under the manufactured home; and

(6)

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

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 that 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, exposure D. A manufactured home constructed after July 13, 1994, and designed to meet ASCE 7-88 Exposure D standards for manufactured homes located within 1,500 feet of the coastline of zone H.

Manufacturing, artisan. On-site production of goods by hand manufacturing involving the use of hand tools and small-scale light mechanical equipment. Typical uses include woodworking and cabinet shops, ceramic studios, jewelry manufacturing and similar types of arts and crafts or very small-scale manufacturing uses that have very limited, if any, negative external impacts on surrounding properties, water resources, air quality and/or public health.

Marinas.

(1)

Class I public marina means a public facility where boats are stored either in the water or in dry storage, serviced, or supplied with any type of marine service or a contiguous group of two or more boat slips, each of which is or may be separately owned and with common ownership of the land, piers, walkways, and any other structures necessary for service of the slips.

(2)

Class II private marina means a private facility where boats are stored in the water or a contiguous group of two or more boat slips, each of which is or may be separately owned and with common ownership of the land, piers, walkways, and any other structures necessary for service of the slips. Class II private marinas shall be restricted to use by only the owners or lessees of the boat slips contained therein and shall be subject to the additional requirements set forth in this chapter.

Marine animal rescue and rehabilitation center. A facility dedicated to the treatment and rehabilitation of sea turtles and marine mammals.

Mean adjacent elevation. The mean elevation of the ground surface, prior to construction, as measured adjacent to the proposed walls, pilings, and/or foundation of a structure.

Microbrewery. A microbrewery as permitted by G.S. 18B-1104 is an enterprise which engages in one or more of the following:

(1)

Manufacture, purchase, import, possess and transport ingredients and equipment used in the manufacturing of malt beverages;

(2)

Sell, deliver and ship malt beverages in closed containers at wholesale to exporters and local boards within the state, and, subject to the laws of other jurisdictions, at wholesale or retail to private or public agencies or establishments of other states or nations; or

(3)

Give its products to its employees and guests for consumption on its premises.

Microdistillery. A distillery as permitted by G.S. 18B-1105 is an enterprise which engages in one or more of the following:

(1)

Manufacture, purchase, import, possess and transport ingredients and equipment used in the distillation of spirituous liquor;

(2)

Sell, deliver and ship spirituous liquor in closed containers at wholesale to exporters and local boards within the state, and, subject to the laws of other jurisdictions, at wholesale or retail to private or public agencies or establishments of other states or nations; or

(3)

Transport into or out of the distillery the maximum amount of liquor allowed under federal law, if the transportation is related to the distilling process.

Minimum lot area. The minimum amount of required land area, measured horizontally, that must be included within the lines of a lot. Lands located within any private easements on the lot shall be included within the lot area. Public street rights-of-way and private street rights-of-way/common area shall not be included in calculating the minimum lot area.

Mixed-use. A mixture of residential and commercial uses, which mixture is designed as a cohesive whole, and integrates land uses often separated in traditional zoning districts.

Mobile office. A structure identical to a manufactured home, except that it has been converted, or originally designed and constructed, for commercial or office use.

Modular structure. A structure that is constructed in accordance with the construction standards of the state uniform residential building code for one- and two-family dwellings and composed of components substantially assembled in a manufacturing plant and transplanted to the building site for final assembly and placement on a permanent foundation. The structure must be set up to meet the requirements of the federal flood insurance regulations and enforced by the town.

Multi-phased development. A development containing 25 acres or more that is submitted for development permit approval to occur in more than one phase and subject to a master development plan with committed elements showing the type and intensity of use of each phase.

Net buildable area. The total land area within the project property boundary less:

(1)

All easements for storm drainage or utilities;

(2)

Highway and street right-of-way;

(3)

Sediment basins and water retention ponds;

(4)

Wetlands defined by the North Carolina Coastal Management Act and/or U.S. Army Corps of Engineers;

(5)

Water and wastewater treatment facilities;

(6)

Local or state designated historic sites; and

(7)

Water areas including seasonal ponds.

Nonconforming lot. A lot existing at the effective date of this chapter or any amendment to it (and not created for the purpose of evading the restrictions of this chapter) that cannot meet the minimum area or lot width or depth requirements of the district in which the lot is located.

Nonconforming project. Any structure, development, or undertaking that is incomplete at the effective date of the ordinance from which this chapter is derived and would be inconsistent with any regulation applicable to the district in which it is located if completed as proposed or planned.

Nonconforming situation. Existing uses of land, structures, lots of record, signs, and site features that were lawfully established before the effective date of this chapter or a subsequent amendment thereto. A situation that occurs when, on the effective date of the ordinance from which this chapter is derived, or any amendment to it, an existing lot, structure, or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a nonconforming situation may arise because a lot does not meet minimum square footage requirements, because structures do not satisfy maximum height or minimum floor-space limitations, because the relationship between existing buildings and the land (in such matters as density and setback requirements) is not in conformity with this chapter, or because land or buildings are used for purposes made unlawful by this chapter.

Nonconforming use. A nonconforming situation that occurs when property is lawfully used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located. The term "nonconforming use" also refers to the activity that constitutes the use made of the property.

Nonresidential use or district. When referring to a use, it shall be those uses in the "nonresidential" section of the table of uses. When referring to a zoning district or "district," it shall be the following zoning districts: B-1 or B-2.

Official. The town manager or its designee with the primary responsibility for matters and duties set forth in this chapter and other provisions governing land development matters and enforcing the same through any applicable provision of law. The term "official" also includes "zoning administrator" and any other person as may otherwise be designated by law as having exclusive authority in a particular land development matter.

Official maps or plans. Any maps or plans officially adopted by the board of commissioners as a guide for the development of the town.

Order. A directive by the official.

Outdoor display. The placement of products or materials for sale or rent outside the entrance of a retail establishment.

Outdoor storage (includes open storage). The keeping, in an unroofed area, of any goods, junk, material, or merchandise in the same place for more than 24 hours.

Ownership interest. An ownership or leasehold interest in real property, including an interest created by easement, restriction or covenant in the property, or an option or contract to purchase the property.

Parking lot. An area or plot of land used for the storage or parking of vehicles.

Parking, off-street. An area that is designated for the parking of motor vehicles located outside of a dedicated street right-of-way, vehicular travel way, or parking aisle.

Parking, on-street. On-street parking is a portion of a roadway that is used for parking cars and other vehicles within the street right-of-way (ROW). On-street parking may be on a paved or unpaved portion of the ROW and may be marked or unmarked, regulated or unregulated. On-street parking is a public resource and is available to the general public. On-street parking areas adjacent to a property are not to be reserved by such property, nor considered to be specifically utilized for such.

Parking space. A storage space of not less than nine feet wide and 18 feet long for one automobile, plus the necessary access space.

Peddler. Any person who shall carry or transport from place to place any goods, wares or merchandise, and who offers to sell or barter the same, or actually sells or barters the same, or who offers for sale or sells any goods from any cart, truck, automobile or other vehicle operated over and upon the streets and highways, or from any other device other than a building meeting requirements for business and mercantile as presented in sections 405.1 and 410.1 of the state building code. Any person who separates the act of sale and delivery for the purpose of evading the provisions of this chapter shall be deemed a peddler.

Pedestrian water access walkway. See "beach access and pedestrian water access walkway."

Permanent access easement. An easement of record which shall only be permitted in those situations in which access is provided to second tier and third tier lots and shall serve no more than four lots. Permanent access easement shall be constructed in accordance with the standards specified in this chapter.

Person liable. The holder of any applicable approvals, owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, person in authority, permittee, licensee, or other person who participates in, assists, directs, creates, maintains or is otherwise responsible for any violation, and who may thereby be held responsible for the same and be made subject to all enforcement mechanisms, remedies, and sanctions as provided in this chapter and other land development ordinances, and any additional enforcement mechanisms, remedies, sanctions, and legal processes that may be otherwise permitted by law.

Planning board. The public body of citizens appointed by the board of commissioners to prepare and recommend updates to the town's land use plan, and to advise the board of commissioners on matters affecting land usage in the town set forth in G.S. 160D-604.

Plat. A map showing the location, boundaries, and ownership of individual properties.

Premises. A single piece of property as conveyed in a deed or a lot or a number of adjacent lots on which is situated a land use, a building, or group of buildings designed as a unit or on which a building or group of buildings are to be constructed.

Principal structure or building. A structure in which is conducted the principal use(s) of the lot on which it is located.

Principal use. A primary or predominate use of a lot or parcel.

Private utility stations. A potable water distribution system or sanitary sewer system owned and maintained by a property owners association and located on private land.

Public nuisance. Everything in the town's jurisdictional limits that is dangerous or prejudicial to the public health or public safety.

Public sewer service. Sewer service as made available by the town.

Public utility stations. A potable water distribution system or sanitary sewer system owned and maintained by the town, county, or the state that serves the public at large and is located within a public right-of-way, public property, or public easement.

Public water service. Water service as made available by the town.

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

Required setback line. A line marking the setback distance from street or lot lines which establishes the minimum required front, side, rear yard, and open space on a lot.

Reserve strip. A strip of land created for the purpose of controlling the access to streets or other public rights-of-way from adjoining property.

Residential use or district. When referring to a use, it shall be those uses in the "residential" section of the table of permitted uses. When referring to a zoning district or district it shall be the following zoning districts: R-1, R-2, R-3, R-4, PRD-1, and/or PRD-2.

Retail sales. Use types involved in the sale or lease of new or used products to the general public. Accessory uses may include offices, display of goods, limited assembly, processing, or repackaging of goods for on-site sale, concessions, and ATM machines. Retail sales does not include the following:

(1)

Repair and service establishments.

(2)

Bars, nightclubs, restaurants, and similar eating establishments.

(3)

An establishment that provides financial, professional, or business services in an office setting.

(4)

An establishment that involves the sale, distribution, or presentation of materials or activities emphasizing sexually explicit content.

Right-of-way. Property that is publicly owned or upon which a governmental entity has an express or implied property interest (e.g., fee title or easement) held for a public purpose. Examples of such public purpose include, by way of example and not by limitation, a highway, a street, sidewalks, drainage facilities, a crosswalk, a beach/sound access, a road, an electric transmission line, a water main, a sanitary or storm sewer main, or for any other special use. The usage of the term "right-of-way" for subdivision platting purposes means that every right-of-way established and shown on a final plat is separate and distinct from the lots or parcels adjoining the right-of-way, and is not included within the dimensions or areas of such lots or parcels. Rights-of-way involving maintenance by a public agency are dedicated to public use by the maker of the plat on which the right-of-way is established.

Sandwich board. A temporary, portable A-frame, or easel sign advertising a business establishment.

Self-service ice vending unit. A stand-alone ice production machine that may operate without full-time service personnel. These units are activated by the insertion of money, credit cards, check cards, token, or similar means; ice is bagged automatically or dispensed in bulk outside to the consumer. A self-service ice vending unit shall not be construed to mean an ice bag cooler associated with a commercial use.

Self-service storage facilities. A building or outdoor facility divided into sections for use for storage of items, either temporary or long-term, and not to be used for any other purpose (such as small offices, garages, etc.).

Setback. The required distance between a structure and the lot lines of the lot on which it is located.

Setback, front. The setback measured from the front lot line(s). Through lots shall provide a front setback on both streets.

Setback, rear. A setback from an interior lot line lying or rear lot line on the opposite side of the lot from the front setback.

Setback, side. The side yard setback shall extend from the required front yard setback line(s) to the required rear yard setback line and shall be measured from the side lot line.

Sign. Any words, lettering, figures, numerals, emblems, devices, trademarks, symbols, or trade names or any combination thereof, by which anything is made known and which is designed to attract attention and/or convey a message.

Sign, area. The entire face of a sign, computed as the bounding box of the lettering or other display, together with any integral part of the background of the lettering or display, but not including the support framework, bracing, fence, or wall upon which it is placed when such is clearly incidental to the display itself. In the case of a double faced sign, only one side is considered in computing sign area.

Sign, feather flag. A narrow, tall, flag-like banner sign often made of flexible material that moves with wind. These signs have different names such as flutter flags, swooper flags, blade flags, and teardrop flags.

Sign, flashing. Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such is in use. For the purpose of this chapter, any moving, illuminated signs shall be considered a flashing sign.

Sign, freestanding. Any sign supported wholly or in part by some structure other than the building or buildings housing the business to which the sign pertains.

Sign, mobile. A sign mounted on a chassis with axles and wheels.

Sign, monument. A freestanding sign supported primarily by an internal structural framework or integrated into landscaping or other solid structural features other than support poles.

Sign, noncommercial. A sign, which in no way relates to a commercial activity including, but not limited to, speed limit signs, stop signs, city limit signs, street name signs, and directional signs.

Sign, off-premises. A sign which directs attention to a business, commodity, service, activity, or entertainment not exclusively related to the premises where such sign is located or to which it is affixed.

Sign, projecting. A sign attached to a wall and projecting away from that wall more than 12 inches, but not more than five feet.

Sign, roof. A sign which is displayed above the eaves of a building.

Sign, temporary. A sign that is displayed only for a specified period of time. Signs not permanently embedded in the ground, or not permanently affixed to a building or a separate sign structure that is permanently embedded in the ground, are considered temporary signs.

Sign, wall. A sign attached to a wall and not projecting away from the wall more than 12 inches.

Site plan. A plan, to scale, showing uses and structures proposed for a parcel of land as required by the regulations involved. It includes lot lines, streets, building sites, reserved open space, buildings, major landscape features, both natural and manmade and, depending on requirements, the location of proposed utility lines.

Site plan, major. A plan for residential development of four or more dwelling units on a lot; nonresidential development whereby 10,000 square feet or more of impervious surfaces are proposed; or all other development not subject to plot plan approval.

Site-specific vesting plan. A plan of land development submitted to the town for purposes of obtaining one of the following zoning or land use permits or approvals or conditional approval and will trigger the statutory vested right process as provided in G.S. 160D-108.1 and as described in this chapter:

(1)

Major subdivision preliminary plat;

(2)

Special use permit;

(3)

Major site plan.

Solar energy systems. An energy system which converts solar energy to usable thermal, mechanical, chemical or electrical energy for use in the heating or cooling of a structure, for heating domestic water or water used in swimming pools and hot tubs, or for the generation of electricity.

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

State building code. A series of ordinances enacted by the general assembly and state building code council that establish the minimum requirements that must be met in the construction and maintenance of buildings and structures.

Street. A public right-of-way for vehicular traffic subject to standards contained in this chapter. The term "street" does not include the term "easement," but may include the following:

(1)

Highway. A traffic artery designed primarily to carry heavy volumes of through vehicular traffic.

(2)

Major street. A street designed primarily to carry heavy volumes of local vehicular traffic.

(3)

Collector street. A street designed to carry medium volumes of vehicular traffic, provide access to the major street system and collect the vehicular traffic from the intersecting minor streets.

(4)

Minor street. A street the principal purpose of which is to provide vehicular access to the properties abutting it.

(5)

Cul-de-sac. A street permanently terminated by a turnaround.

Street line. The line between the street right-of-way and abutting property.

Street, private. Any road or street which is not publicly owned and maintained and is used for access by the occupants of the development, their guests and the general public.

Structural alterations. Any change in the supporting members of a building, such as bearing walls, columns, beams, or girders, except for repair or replacement.

Structure. Anything constructed or erected, the use of which requires location in or on the land, or attachment to something having a permanent location in or on the land.

Subdivider. Any person who subdivides or develops any land deemed to be a subdivision as defined in this section.

Subdivision.

(1)

The term "subdivision" means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions when any one or more of those divisions is created for the purpose of sale or building development whether immediate or future, and shall include all divisions of land involving the dedication of a new street or a change in existing streets.

(2)

Provided, however, that the following shall not be included within this definition and are not subject to any subdivision regulations in this chapter:

a.

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

b.

The division of land into parcels greater than ten acres where no street right-of-way, public access to beaches, or other dedication is involved.

c.

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

d.

The division of a tract of land in single ownership whose entire area is not greater than two acres into not more than three lots, where no street right-of-way, public access to beaches, or other dedication is involved, and where the resultant lots are equal to or exceed the standards of the town as required by this chapter.

e.

The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under G.S. ch. 29.

Subdivision, major. Subdivisions and/or divisions of land not qualifying as exempt or as a minor subdivision.

Subdivision, minor. A subdivision whereby the entire area of the tract to be divided is greater than five acres and after division no more than three lots results from the division. The review of a minor subdivision final plat for recordation, per G.S. 160D-802, for the division of a tract or parcel of land in single ownership is subject to the following criteria:

(1)

The tract or parcel to be divided is not exempted under G.S. 160D-802(a)(2).

(2)

No part of the tract or parcel to be divided has been divided as minor subdivision in the ten years prior to division.

(3)

After division, all resultant lots comply with all of the following:

a.

Any lot dimension size requirements of the applicable land use regulations.

b.

The use of the lots is in conformity with the applicable zoning requirements.

c.

A permanent means of ingress and egress is recorded for each lot.

Swimming pool. A pool or tub, whether above or below grade level, designed to hold water more than 36 inches deep to be used for recreational purposes.

Tattoo/body piercing establishment. An establishment whose principal business activity is the inserting of permanent markings or coloration, or the producing of scars, upon or under human skin or the creation of an opening in the body of a person so as to create a permanent hole for the purpose of inserting jewelry or other decoration.

Technical review committee (TRC). A development and subdivision review committee, as designated by the zoning administrator, which may include, but not necessarily be limited to, the following individuals/departments: zoning administrator, building inspector, town manager, fire department, police department, state division of coastal management, state department of environmental quality, county utilities, or county environmental health. The TRC does not hold regular meetings or typically meet in-person.

Temporary family health care structure. A transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person, that:

(1)

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

(2)

Is limited to one occupant who shall be the mentally or physically impaired person,

(3)

Has no more than 300 gross square feet, and

(4)

Complies with applicable provisions of the state building code and G.S. 143-139.1(b).

Placing the temporary family health care structure on a permanent foundation shall not be required or permitted.

Town. The word "town" or "Town of Topsail Beach" or "Topsail Beach" shall refer to all lands in the corporate limits planning jurisdiction of the Town of Topsail Beach as recorded in the county registry of deeds.

Trailer. Any vehicle or structure originally designed to transport something or intended for human occupancy for short periods of time. Trailers shall include the following:

(1)

Travel trailer. A vehicular, portable structure built on a wheeled chassis, designed to be towed by a self-propelled vehicle for use for travel, recreation or vacation purposes.

(2)

Recreational vehicle. A self-propelled vehicle or portable structure mounted on such a vehicle designed as a temporary dwelling for travel, recreation and vacation.

(3)

Camping trailer. A towable folding structure manufactured of metal, wood, canvas, plastic or other materials or any combination thereof, mounted on wheels and designed for travel, recreation, or vacation use.

(4)

Tow trailer. A structure designed to be hauled by another vehicle and to transport vehicles, boats or freight.

Use. Any occupation or activity taking place upon a parcel of land or within a building or structure including, but not limited to, residential, manufacturing, retailing, offices, public services, recreation, and education.

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

Violation. A breach, infringement, or transgression of any law, requirement in this chapter or other land development provisions, or failure to comply with any approval procedures or permission as specified by this chapter. The town may invoke enforcement procedures as specified in this chapter in response to violations. Violations do not include matters that state or federal law expressly prohibit the town from regulating.

Working days. Any day the town is open for business.

Yard. An open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except by trees or shrubbery, or as otherwise provided herein.

Yard, front. A yard across the full width of the lot, extending from the front line of the structure to the front line of the lot. Through lots shall have two front yards.

Yard, rear. A yard extending across the full width of the lot and measured between the rear line of the lot and the rear line of the main building.

Yard, side. A yard extending across side line of the lot extending from the front building line to the rear yard or, where no rear yard is required, to the rear line of the lot.

Zero lot line. A concept commonly used in planned developments where individual commercial buildings or dwellings, such as townhouses (row houses) and patio homes, are to be sold along with the ground underneath and, perhaps, a small yard or patio area. Such commercial or residential units are grouped in buildings with two or more units per building, usually including common walls, with zero lot line. The minimum requirements for lot area and yards are not met, and construction takes place right up to the lot line.

Zoning. A police power measure, enacted primarily by general purpose units of local government, in which the community is divided into districts or zones within which permitted and special uses are established as are regulations governing lot size, building bulk, placement, and other development standards.

Zoning administrator. The official charged with the enforcement of land development regulations within this chapter, chapter 16: land development code.

Zoning permit. A permit issued by the town conferring the right to undertake and complete the development or the use of property subject to the provisions outlined in this chapter.

Zoning vested right. A right pursuant to G.S. 160D-108 and 160D-108.1 to undertake and complete the development and use of property under the terms and conditions of an approved site-specific vesting plan and this chapter.

(Ord. No. 2019-001, 1-9-2019; Ord. No. 2021-001, § 1, 3-11-2021; Ord. No. 2021-04-12, 6-17-2021; Ord. No. 2022-009, § 1, 10-12-2022; Ord. No. 2024-007, 8-14-2024)