Words used in the present tense include the future, words in the singular number include the plural number, and words in the plural number include the singular number; the word "must" is mandatory and not directory; the word "building" includes the word "structure," the word "lot" includes the words "plot" and "tract."

For purposes of Erosion & Sediment Control (Article 10), definitions of 10-12 are included herein by reference.

For the purpose of this ordinance, certain terms and words are herein defined as follows:

Access Location means the intersection of a driveway or access road with a public or private thoroughfare

Access Point means a point of ingress and/or egress, which may be a driveway or an access road.

Access Road means a public or private one-way or two-way road for ingress and/or egress. Such access roads may be of various types, including frontage roads, rear access roads, roads with cul-de-sacs, and dead-end roads. This definition includes secondary roads but does not include driveways

Accessory Building means a building that: (1) is customarily present on a lot occupied by a main building but not attached to the main building by a roof or wall; (2) is incidental and physically smaller than the main building on the lot; (3) provides a necessary service or convenience function for occupants of the main building; and (4) complies with all applicable standards of this ordinance. Buildings or building additions attached to main buildings are considered part of the main building and, unless otherwise expressly stated, are subject to all zoning standards that apply to main buildings.

Accessory Dwelling Unit means a second dwelling unit that is subordinate to the principal dwelling that is either (1) located within the principal dwelling, including an addition to the principal dwelling, or (2) is located in an accessory building on the same lot as the principal dwelling unit. An accessory dwelling unit is a complete, independent living facility equipped with a kitchen and with provisions for sanitation and sleeping. An accessory dwelling unit shall not exceed more than 50 percent of the gross floor area of the principal dwelling unit.

Accessory Structure means a structure other than a building that: (1) is customarily present on a lot occupied by a main building; (2) is incidental and subordinate to the main building on the lot; (3) provides a necessary service or convenience function for occupants of the main building; and (4) complies with all applicable standards of this ordinance; (5) shall not exceed the maximum height of the main building; and (6) include: patios, above ground and inground swimming pools, decks, sidewalks, driveways, etc. Structures attached to main buildings are considered part of the main building and, unless otherwise expressly stated, are subject to all zoning standards that apply to main buildings.

Accessory Use means a use on the same lot or in the same building with the principal use of the lot or building, the nature and extent of which is clearly incidental or subordinate to that of the principal use

Active Open Space means see "open space, active."

Adjoining means one property that adjoins another or is immediately adjacent to or abutting it.

Adult Day Care Facility means adult day care facility means the provision of group care and supervision in a place other than their usual place of abode on a less than 24 hour basis to adults who may be physically or mentally disabled.

Adult Day Care Home means a day care program that provides care and supervision to individuals with cognitive and/or physical impairments as an accessory use of a residence that must be licensed as an adult day care home by the North Carolina Department of Health and Human Services.

All-Weather Surface or Surfacing means see "pave or paving"

Alley means a strip of land, publicly or privately owned, set aside primarily for vehicular service access to the back or side of properties abutting on a road.

Amplitude means the maximum displacement of the surface of the earth from its normal resting position. Amplitude is generally measured in inches or miles.

Animal Shelter means a facility that provides a temporary home for dogs, cats, and other animals that are offered for adoption.

Antenna means any system of wires, poles, rods, reflecting discs or similar devices used for the reception or transmission of electromagnetic waves which system is attached to an antenna support structure or attached to the exterior of any building or structure. The term includes devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom which may be mounted upon and rotated through a vertical mast, tower or other antenna support structure.

Antenna Support Structure means any mast, tower, tripod or other structure utilized for the purpose of supporting one or more antennas.

Applicant means any person who submits applications or plans for the purpose of obtaining approval under Article 19 of this ordinance.

Artisan Manufacturing means 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 no negative external impacts on surrounding properties.

Banner means a sign, typically made of fabric or plastic, that must be fixed to a wall or other structure so that it experiences no significant motion under normal wind conditions.

Bed and Breakfast Homestay means the use of part of a dwelling to provide short-term (i.e. not more than seven days) lodging to guests for compensation, with or without the provision of meals to overnight guests, where no more than two guest rooms are involved. See Sec. 4-74 for regulations that apply to Bed and Breakfast Homestays.

Bed and Breakfast Residence means the use of part of a dwelling to provide short-term (i.e. not more than 14 consecutive days) lodging to guests for compensation, with or without the provision of breakfast to overnight guests, where no more than ten guest rooms are involved (but not including B&B homestays, and not including hotels or motels, where the provision of lodging is the principal use) See Sec. 4-30 for standards that apply to Bed and Breakfast Residences.

Best Management Practice (BMP) means a recognized method, activity, device, maintenance procedure, or other management practice used singularly or in combination to minimize the amount of nonpoint source pollution entering surface waters.

Board of Adjustment means the Board of Adjustment of Wake County, North Carolina.

Board of Commissioners means the Board of Commissioners of Wake County, North Carolina.

Body art service means procedures such as body piercing, tattooing, cosmetic tattooing, branding or scarification, but not practices that are considered medical procedures by the North Carolina Medical Board.

Bona fide farm means the use of one or more tracts of land for bona fide farm purposes, which include the production and activities relating or incidental to the production of crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agriculture, as defined in G.S. 106-581.1.

Breezeway means a covered passage way, which may be enclosed on the sides, whose function is to link two larger structural masses into one structure. Nothing in this ordinance shall preclude the use of an architectural design element to link two or more building elements into a single structure, so long as such connective architectural design element does not exceed 15 feet in length and is at least five feet in width.

Bufferyard means an area of land having thereon specified dimensions, types, and amounts of vegetation or devices which may be required to reduce or eliminate adverse effects of land uses upon adjoining land uses or thoroughfares. Bufferyards must be located along the perimeter of a lot or parcel, extending to the lot or parcel boundary line, and are not permitted on any portion of an existing, dedicated or ultimate public street, private street, right-of-way or thoroughfare.

Building means building means any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.

Editor's note— [Amended on 1/22/2008 by OA 04-07. Old text read, "A structure having a roof supported by columns or walls for the shelter, support, or enclosure of persons, animals, or chattels. When separated by division walls from the ground up without openings, each portion of such building must be deemed a separate building."]

Building Canopy means a permanent roof-like structure that projects out from the face of the main building and whose structural support is an integral part of the main building.

Building Height means the vertical distance measured from the mean elevation of the finished floor at the front of the building to: (A) the highest point of the roof surface on a flat roof; (B) the deck line of a mansard roof; or (C) the mean height level between eaves and ridge for a gable, hip, or gambrel roof; and (D) For other building types, the vertical distance to the highest point of the structure.

Building Line means a line formed by the surface of the ground and the closing wall of a building or portion thereof. Where carports, terraces, patios, enclosed courts, balconies, or other projections or appurtenances are portions of a building and extend beyond the enclosing walls of the building, the building lines must be the outer face of such projections, including eaves, cantilevers, bay windows, and attached retaining walls.

Building Official means the county official or other designated authority charged with the administration and enforcement of the North Carolina State Building Code (State Building Code).

Building, Front of means the side of a building most nearly parallel with and adjacent to the front of the lot on which it is situated

Building, Main means a building in which is conducted the principal use of the lot on which it is situated. In any Residential district, any dwelling must be deemed to be a main building on the lot on which the same is situated

Build-Out Year means the year the proposed project (including all phases of construction) will be complete and open for operation.

Business, Prima Facie means any use or activity that functions as a traditional business or commercial use, whether or not such use or activity is performed for profit or financial gain. An individual who repairs vehicles owned by other people will, for example, be deemed to be operating a prima facie business regardless of whether payment is received for such services.

Caliper means the diameter of a tree trunk, measured 12 inches above the soil line or top of the tree's root ball.

Canopy Tree means any tree variety expected to reach a height in excess of 30 feet at maturity (such as oaks, pines, sycamores, some maples, etc.)

Cemetery means a commercially owned and operated graveyard, or a burial ground associated with a place of religious assembly, used or designated for the interment of the deceased. This definition includes burial parks, mausoleums, and columbaria, but does not include family burial grounds.

Centerline of Street means the centerline of a street or highway, for the purpose of this ordinance, must be that which has been ascertained and determined by NCDOT.

Certificate of Occupancy means a statement signed by an administrative officer setting forth that a building, structure, or use complies with this ordinance and that the same may be used for the purposes stated therein

Childcare means a program or arrangement where three or more unrelated children under 13 years of age receive care and supervision on a regular basis for more than four hours but less than 24 hours per day from persons other than their parents, relatives or full-time custodians.

Childcare Home means a childcare facility that provides care and supervision for children as an accessory use of a residence that must be licensed as a childcare home by the North Carolina Department of Health and Human Services.

Childcare Center means a childcare facility that provides care and supervision for children that must be licensed as a childcare center by the North Carolina Department of Health and Human Services.

Collector Road means a road designated by the Transportation Plan as any classification of "collector," or any road that functions as a collector road, as such function is defined in the Transportation Plan.

Commercial Vehicle means any vehicle that is used in conducting a business operation or that is required to have commercial license plates in North Carolina.

Comprehensive Plan means the Wake County Comprehensive Plan, including any area plans, or subsequent amendments thereof.

Connecting Access Roads means roads which provide access from a subdivision to a public road.

Construction Plan means a plan with supporting data for a proposed subdivision or nonresidential use, developed for the purpose of establishing the layout and provision of roads and utilities.

Contiguous means sharing the same property boundary.

Contractor's Office, Landscaping, Grading means an area where a construction contractor maintains its office, as well as storage for equipment and materials, for the construction and landscaping trades.

County Commissioners, County Commission means the Wake County Board of Commissioners.

Critical Area means the land in a water supply watershed which is adjacent and draining to the water source, where it is most important to filter out potential pollutants.

Dba means a unit for describing sound levels using an A-weighting network. This network modifies the measured sound pressure level at the various frequencies to account for differences in the sensitivity of the human ear to sounds of different frequency.

Decibel (db) means a unit which describes the sound pressure level or intensity of sound. The sound pressure level in decibels is 20 times the logarithm to the base ten of the ratio of the pressure of the sound to a reference pressure of 0.0002 microbar.

Department of Environmental Services means the Wake County Department of Environmental Services or its successor agency.

Department of Health and Human Services means the Wake County Department of Health and Human Services or its successor agency.

Design Professional means a licensed professional engineer, surveyor, landscape architect, land planner or other member of a design profession that is authorized by the North Carolina General Statutes to perform work of a specific nature (e.g.—site design and layout, roadway design, stormwater or utility systems, etc…).

Detention means surface collection, storage, and distribution of stormwater runoff for the purposes of compensating for increased runoff volume and decreased travel time associated with an increase in impervious surfaces over the contributing catchment, and to allow for the settling-out of pollutants borne by the runoff.

Development means any land-disturbing activity or change that takes place on a piece of property that changes the amount of impervious surface or partially impervious surface coverage on the land, or that otherwise decreases the infiltration of precipitation into the soil.

Development Framework Map means map of the Wake County Comprehensive Plan framework classifications consisting of Transit Focus, Walkable Center, Community, Community Reserve and Rural areas.

Diameter at Breast Height (DBH) means the diameter of a tree trunk measured 4.5 feet above the ground beneath the tree.

Discrete Impulses means a ground transmitted vibration stemming from a source where specific impulses do not exceed 60 per minute or one per second.

Drainageway means any stream, watercourse, channel, ditch, or similar physiographic feature draining water from the land.

Drainageway Buffer means an area adjacent to a drainageway that must remain undisturbed except as may be necessary to accommodate specific uses as noted in the relevant section of this ordinance. Examples of such uses may include roads, driveways, utility lines, greenways, pedestrian paths, etc…. Specific limitations and performance criteria may further restrict these drainageway buffer crossings.

Note: Drainageway buffers must be measured perpendicular to the flow means the drainageway and from the edge of the drainageway banks, except when no drainageway banks exist, in which case the centerline of the drainageway swale must be used.

Driveway means a private way beginning at the property line of a lot abutting a public road, private road, easement, or private right-of-way, giving access from that public road, recorded easement, recorded private road, or private right-of-way, and leading to a building, use, or structure on that lot. A driveway may not serve more than a single lot unless it runs along a lot line shared by two lots and serves no more than those two lots and has an easement and maintenance agreement when shared.

Dwelling, 4-plex means a building designed, constructed, or reconstructed and used for four dwelling units that are located on a single common lot and that are connected to each other by a common structural or load-bearing wall, or by means of a floor to ceiling connection, of at least ten linear feet.

Dwelling, Multi-family means a building designed, constructed, or reconstructed and used for five or more dwelling units that are located on a single (common) lot, with each dwelling unit being connected by means of a common structural or load-bearing wall, or by means of a floor to ceiling connection, of at least ten linear feet, with any other dwelling unit in the same building. Multi-family dwellings include condominium and apartment buildings.

Dwelling, One-Family, Attached means a one-family dwelling that is connected by means of a common dividing structural or load-bearing wall, or by means of a floor-to-ceiling connection, of at least ten linear feet, to one or more other one-family dwellings.

Dwelling, One-Family, Detached means a one-family dwelling which is located on an individual lot and is not physically connected to another dwelling unit by a common structural or load-bearing wall of ten or more linear feet.

Dwelling, Triplex means a building designed, constructed, or reconstructed and used for three dwelling units that are located on a single common lot and that are connected to each other by a common structural or load-bearing wall, or by means of a floor to ceiling connection, of at least ten linear feet.

Dwelling, Two-Family or Duplex means a building designed, constructed, or reconstructed and used for two dwelling units that are located on a single common lot and that are connected to each other by a common structural or load-bearing wall, or by means of a floor to ceiling connection, of at least ten linear feet.

Dwelling Unit means a building or portion of a building providing independent living facilities for one or more persons including permanent provisions for living, sleeping, and complete kitchen facilities. A dwelling unit located in any residential zoning district shall be used only for a residential use, unless otherwise specified. Units in dormitories, hotels, motels, shelters for the homeless, or other structures designed for transient residents are not dwelling units.

Note— [Amended on 1/22/2008 by OA 04-07. Old text read, "An enclosure of one or more rooms and separate bathroom and kitchen facilities designed and constructed as a unit for permanent residential occupancy by one family."]

Easement means a legal right of use over the real property of another.

Emergency or Disaster means a sudden unexpected occurrence, either the result of human or natural forces, necessitating immediate action to prevent or mitigate significant loss or damage to life, health, property, essential public services, or the environment.

Emergency or Disaster Response Activities means any development, use, storage or other activity that must be undertaken immediately in order to protect the public health, safety and general welfare after an emergency or disaster.

Event Venue means an establishment that is available to the general public for hosting weddings, receptions, conferences, parties, business meetings, social gatherings, and similar events. Such establishment includes the use of the property for outdoor events.

Family means one or more persons living together and sharing common housekeeping facilities. Sororities, fraternities, and boarding houses are not considered family.

Family Burial Ground means a privately owned, noncommercial graveyard created and maintained for the interment of family members of the property owner and restricted to such use.

Family Care Home means an adult care home having two to six residents. The structure of a family care home may be no more than two stories high and none of the aged or physically disabled persons being served there may be housed in the upper story without provision for two direct exterior ground level accesses to the upper story.

Note— [Amended on 1/22/2008 by OA 04-07. Old text read, "A facility with support and supervisory personnel that provides room and board, personal care and habilitation services in a family environment for not more than six resident handicapped persons."]

Farm, Bona Fide means see "Bona Fide Farm."

Farmers Market means the recurring selling of agricultural products directly to the public by a group of individual farmers and/or vendors. Products typically offered for sale include farm grown fruits, vegetables and meats and other animal-based products, and honey, plants, flowers, and shrubs. Value-added agricultural items such as locally produced packaged food products, fruit pies or jams and agricultural hand-made craft items may also be sold. Farmers markets can have varying number of vendors - with at least three, can be seasonal or year-round, and can be operated within or without a structure.

Farming means the active production of crops, fruits, vegetables, ornamental and flowering plants, dairy products, livestock, poultry, and all other forms of agricultural products having a domestic or foreign market. Farming includes buildings or structures that are customarily incidental or subordinate to the farming activities listed above, including buildings used for migrant labor or farm tenant housing but not including any other residential dwelling units. Livestock and poultry includes those animals that are customarily and traditionally raised on farms, such as beef and dairy cattle, hogs, sheep, goats, rabbits, horses, mules, ponies, chickens, and turkeys. Examples of activities that do not constitute "farming," include but are not limited to the following:

• Residential dwelling units other than migrant labor or farm tenant housing;

• Sale of agricultural products from other owners/operators;

• Manufacturing, production or sales of nonagricultural products; and

• Storage of any equipment not being used for farm purposes.

Farm Serving Use—Class 1 means any agri-business store or any such use whose primary activity is supplying farm hardware, feed, fertilizer, and seed and/or providing tractor or other agricultural equipment sales or services.

Farm Serving Use—Class 2 means any non-radioactive intermediary fuel distribution storage facility which is not involved in the direct sale of fuels, but functions as an intermediary storage site for the distribution of non-radioactive fuel to farmers.

Fencing means a wall or fence provided for the purpose of protecting adjacent uses from potential noise, glare, trash, odor, visual disorder, or other harmful or noxious effects.

Final Plat means a map of land subdivisions prepared in a form suitable for record filing with necessary affidavits, dedications, and acceptances appended showing complete public areas and other information required by this ordinance.

Flag Lot means a lot, created by a subdivision, with less lot width than is required for a conventional lot by Article 8 (Subdivision Design and Improvements) and composed of a narrow "flagpole" strip extending from the street and a much wider "flag" section lying immediately behind a lot or lots having the required street frontage for a conventional lot. In the case of a flag lot, the lot line at the end of the flagpole lying generally parallel to the street to which the flagpole connects shall be considered to be the front lot line for setback purposes. (See illustration under 8-31-4(C)).

Note— [Amended on 1/22/2008 by OA 04-07. Old text read, "A lot that does not meet applicable minimum lot width standards along the lot's street frontage. A flag lot is composed of two distinct parts: The flag, which is located behind another lot and that represents the buildable portion of the lot; and The pole, which (a) connects the flag portion of the lot to the road; (b) provides the road frontage for the lot. (See also section 8-31-4.)"]

Flag, Official Governmental means any of the following:

• The flag of the United States of America.

• The flag of nations recognized by the United States of America.

• The flag of the State of North Carolina.

• The flag of any state or territory of the United States.

• The flag of a political subdivision of any state or territory of the United States.

Flood-related Definitions means flood and flooding-related definitions are in Article 14.

Floor Area means the sum of the enclosed areas on all floors of a building or buildings, measured from the outside of exterior walls, including halls, lobbies, arcades, stairways, elevator shafts, enclosed porches, garages and balconies, and any below ground floor areas used for access and storage. Open terraces, patios, atriums, or balconies, carports, breezeways, and screened porches are excluded from floor area calculations.

Floor Area Ratio means ratio of floor area to lot area.

Fourplex means a building designed, constructed, or reconstructed and used for four dwelling units that are located on a single common lot and that are connected to each other by a common structural or load-bearing wall, or by means of a floor to ceiling connection, of at least ten linear feet.

Frequency means the number of times that a displacement completely repeats itself in one second of time. Frequency must be expressed in cycles per second (cps) or hertz (Hz).

Garage means a building used for the storage or housing of motor-driven vehicles.

Garage, Private means a building intended for, and used to store, the private motor vehicles of the residents of the premises.

Garage, Public means any garage not included within the definition of a private garage.

Garage, Yard, or Estate Sale means a sale operating at a residence primarily for the sale of used household goods. Not to exceed six days per calendar year.

General Comprehensive Plan means the comprehensive plan for the Wake County Zoning Area as embodied in and reflected by this ordinance.

General Manufacturing means:

• Manufacturing of finished or unfinished products, primarily from extracted or raw materials, or recycled or secondary materials, or bulk storage and handling of such products and materials. Typical uses include: textile mills; textile product mills; apparel manufacturing; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; transportation equipment manufacturing; primary metal manufacturing; and fabricated metal product manufacturing.

• Industrial service firms engaged in the repair or servicing of industrial or commercial machinery, equipment, products or by-products. Typical uses include: welding shops; machine shops; industrial tool repair; fuel oil distributors; solid fuel yards; laundry, dry-cleaning, and carpet cleaning plants; and photofinishing laboratories.

Governmental Use means a building, use or structure owned or occupied by a federal, state, or local government agency and serving as an agency office, post office, or similar facility, but not including Colleges, Universities, Cultural Exhibits, Libraries, Safety Service, Day Care, Detention/Correctional Facilities, Hospitals, Parks and Recreation, Schools.

Greenway means linear open space that is established along a corridor that can be used for connectivity (trails) or water quality protection.

Group Care Facility means a dwelling in which persons reside while receiving therapy or counseling to assist them in overcoming addiction to intemperate use of narcotics or alcohol, or in adjusting to society after or during imprisonment through such means as pre-release, work-release, or probationary programs.

Group Home means a public or private health facility, establishment, or institution, however styled, where seven or more nonrelated persons reside because of age, temporary or chronic physical or mental disability, or developmental disability.

Guest Room means a room which is designed or intended for occupancy by, or which is occupied by, one or more guests, but in which no provision is made for cooking, and not including dormitories for sleeping purposes.

Hazardous Material means any substance defined as a "hazardous substance" in Section 101 (Definitions) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA; 42 U.S.C. §9601 et seq.), as amended; or listed as a hazardous material in Section 302 (Extremely Hazardous Substances) of the Superfund Amendments and Reauthorization Act (SARA; 42 U.S.C. §11000 et seq.), as amended; or designated as a "hazardous substance" under Section 311 (Oil and Hazardous Substance Liability) of the Federal Water Pollution Control Act (FWPCA; 33 U.S.C. §1251 et seq.), as amended.

Hazardous Waste means:

• A waste or combination of wastes which because of quantity, concentration, or physical, chemical, or infectious characteristics may:

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

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

• Hazardous wastes include, but are not limited to, those substances listed in 40 Code of Federal Regulations (CFR) 261.30 to 261.33.

Hazardous Waste Facility means a facility for the storage, collection, processing, treatment, recycling, recovery, or disposal of hazardous waste.

Hazardous Waste Storage means containment of hazardous waste, for a period of 90 days or more, in such manner as not to constitute disposal.

Hazardous Waste-Disposal means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any waste into or on any land so that such waste or any constituent thereof may enter the environment, or be emitted into the air, or discharged into any waters, including ground waters.

Hazardous Waste-Landfill means any facility or any portion of a facility for disposal of hazardous waste on or in land.

Health and Personal Care Facilities means public or private health facilities, establishments, or institutions, however styled, where aged or physically handicapped persons reside and are furnished with meals and health or personal care on a continuing basis. Health care facilities include, but are not limited to, convalescent homes, nursing homes, rest homes, sanatoria, or homes for the elderly.

Height, Building means see "Building Height"

Home Occupation means an occupation for gain or support that (1) is conducted within a dwelling unit or residential accessory building and (2) complies with the home occupation regulations of 4-72.

Impact (vibration-related) means an earthborne vibration generally produced by two or more objects striking each other that cause separate and distinct pulses.

Impervious Surface means any surface, or built-upon area, that obstructs or prevents infiltration of water into soil. None of the following surfaces shall be considered built-upon area or an impervious or partially impervious surface.

1.

A slatted deck.

2.

The water area of a swimming pool.

3.

A surface of number 57 stone, as designated by the American Society for Testing and Materials, laid at least four inches thick over either a geotextile fabric or permeable pavement as defined by the Wake County Stormwater Design Manual.

4.

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).

5.

Landscaping material, including, but not limited to, gravel, mulch, sand, and vegetation, placed on areas that receive pedestrian or bicycle traffic or on portions of driveways and parking areas that will not be compacted by the weight of a vehicle, such as the area between sections of pavement that support the weight of a vehicle.

6.

Artificial turf, installed over a pervious surface according to the manufacturer's specifications.

7.

Stormwater Control Measures, excluding underground detention stormwater control measures, designed in accordance with the Wake County Stormwater Design Manual.

Impulsive Noise means noises of relatively short duration generally produced by striking two or more objects that are heard as separate distinct noises.

Indoor Recreation and Entertainment means an establishment offering entertainment and/or recreation to the general public, where the activity takes place indoors. Such uses generally include, but are not limited to: physical fitness centers, indoor swimming pools, arcades/game rooms, indoor tennis facilities and bowling alleys.

Intensive Manufacturing means manufacturing of acetylene, cement, lime, gypsum or plaster-of-Paris, chlorine, corrosive acid or fertilizer, insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, petroleum products, coal products, plastic and synthetic resins and radioactive materials. This group also includes smelting, animal slaughtering and oil refining.

Interested Party means any officer or employee whose personal duties relate to the matter at issue, any person filing an application under Article 19, and any owner of property adjoining the property at issue, or affected by an interpretation of the location of the boundary of an area of special flood hazard.

Intermittent Streams means as identified by the "Soil Survey of Wake County, North Carolina," or the most recent edition of U.S.G.S. 1"24,000 (7.5 minute) scale topographic maps.

Internal Trip Capture Rate means the percentage reduction applicable to the trip generation estimates for individual land uses within a multi-use site.

Interstate Highway means any section of a highway that is part of the National System of Interstate and Defense Highways.

Kennel means any building, structure, or land area licensed for the boarding, breeding, training, showing or raising of more than five dogs or five cats over the age of four months, where such animals are kept or maintained, whether or not for compensation and whether or not the animals are owned by the operator of the kennel. Pet shops and veterinary hospitals are exempt from the definition of kennel.

Land-Clearing and Inert Debris Landfill means a disposal facility that stores land-clearing and construction/demolition debris (solid waste that is generated from demolition, land-clearing or construction activities, such as stumps, trees, etc.), limbs, yard waste, inert debris (solid waste which consists of material that is virtually inert, such as brick, concrete, rock, clean soil, and used asphalt), and uncontaminated earth.

Land Use Intensity means unit of measure that indicates the degree of development on a lot. Land use intensity is a ratio and may be expressed in proportions such as floor area to lot area, covered lot area to uncovered lot area, and the like.

Landscape Plan means the design and specifications for the placement of all natural and man-made features (such as plantings, fencing, earth berms, buildings, parking, drives, walkways, pools, sculpture, etc.) within a specified exterior space, including the retention of existing features as well as the introduction of new or replacement features, for the purposes of enhancing the property and its appearance, minimizing the potential for negative impacts upon the public senses, and protecting the community's environment.

Licensed Amateur Radio Antenna means an antenna owned and utilized by a federally licensed amateur radio operator.

Limited Manufacturing means manufacturing of finished parts or products, primarily from previously prepared materials. Typical uses include: catering establishments, printing and related support activities; machinery manufacturing; food manufacturing; computer and electronic product manufacturing/assembly; electrical equipment, appliance, component manufacturing/assembly; furniture and related product manufacturing/assembly; and other manufacturing and production establishments that typically have very few, if any, negative external impacts on surrounding properties.

Linear Block means that property abutting on one side of a street between the two nearest intersecting or intercepting streets, natural barrier, or between such cross-street and the end of a dead-end street or cul-de-sac; provided, however, that where a street curves so that any two adjacent 100-foot chords thereof form an angle of 120 degrees or less, measured on the lot side, such curve must be constructed as an intersecting street.

Local Access Roads means routes that principally provide access to residential properties within subdivisions.

Local Agricultural Market means an area of land managed and maintained by an individual, group, or business to grow and harvest food or non-food crops to be sold for profit on-site, off-site, or both. Local Agricultural Markets are a principal use and can sell directly to consumers.

Local Collector Roads means routes that collect traffic from residential subdivisions and distribute that traffic to thoroughfares. Local collectors are roads not designated on the Transportation Plan, but which serve the function of a residential collector.

Lot means a portion of a subdivision or any other parcel of land and/or body of water intended as a unit for building development, or for transfer of ownership, or both. The term "lot" does not include parcels wholly dedicated or reserved as right-of-way or open space in accordance with the provisions of this ordinance, or parcels wholly dedicated as reserved for potential future development in accordance with 5-12-8.

Note— [Added "and/or body of water" on 1/22/2008 by OA 04-07]

Lot Area means the amount of land area contained within the boundaries of a lot, excluding road right-of-way and road easements.

Lot Width means the horizontal distance between the midpoints of the side lot lines. Lot width on corner lots is the horizontal distance between one of the front lot lines and the opposite interior lot line. Lot width for irregularly shaped lots is measured from the midway point of the shortest side lot line perpendicular to the other side property lot line.

Lot, Corner means a lot abutting on two or more streets at their intersection.

Lot, Double Frontage means a lot having frontage on two parallel or nearly parallel roads.

Lot Frontage means the horizontal distance between lot lines measured along the abutting road right-of-way. On lots with multiple frontages, lot frontage must be measured along the road right-of-way to which the lot has access.

Lot, Front of means the front of a lot is considered to be that side of the lot which fronts on a street. In case of a lot with multiple frontages, the front of the lot is determined by the road right-of-way to which the lot has its principal access. The principal access should be restricted to the road with the lower classification.

Lot, Interior means a lot that is flanked by other lots and that has frontage on a single street.

Low-Level Radioactive Waste means radioactive waste not classified as high-level radioactive waste or spent nuclear, as defined by the United States Nuclear Regulatory Commission, transuranic waste, or by-product material, as defined in Section 11(e)(2) of the Atomic Energy Act of 1954, as amended.

Low-Level Radioactive Waste Facility means a facility for the storage, collection processing, treatment, recycling, recovery, or disposal of low-level radioactive waste.

Low-Level Radioactive Waste-Landfill means any facility or any portion of a facility for disposal of low-level radioactive waste on or in land.

Low-Level Radioactive Waste-Storage means containment of low-level radioactive waste, either on a temporary basis or for a period of years, in such manner as not to constitute disposal.

Manufactured Home means a manufactured building designed to be used as a single-family dwelling unit which has been constructed and labeled indicating compliance with the United States Department of Housing and Urban Development administered National Manufactured housing Construction and Safety Standard Act of 1974, as amended. Recreational vehicles are not manufactured homes for the purposes of this ordinance.

Manufactured Home Park means any site or tract of land (except a subdivision developed pursuant to this ordinance) in contiguous ownership upon which two or more manufactured home spaces are provided for lease or rental only to manufactured home occupants.

Manufactured Home Space means a plot of land within a mobile home park designed for the accommodation of a single manufactured home in accordance with the requirements set forth in this ordinance.

Manufactured Home Stand or Pad means that portion of a manufactured home space designed for and used as the area occupied by a manufactured home.

Mining/Excavation means mining/Excavation means the process of extracting natural deposits of mineral resources, such as, ores, soils, stone and gravel, or other solid matter from their original location, not including any processing of such material beyond incidental mechanical consolidation or sorting to facilitate transportation off site.

Municipal Solid Waste Landfill means a planned method of disposing of solid waste on land in a sanitary manner, without creating nuisances or hazards to public health or safety, but utilizing the principles of engineering to confine the solid waste to the smallest practical area, to reduce it to the smallest practical volume, and to cover it with a layer of compacted earth at the conclusion of each day's operation or at such more frequent intervals as may be necessary.

Municipal Transition Area means areas of the Wake County Comprehensive Plan Development Framework Map intended to support municipal annexation and growth consisting of Transit Focus, Walkable Center, Community, and Community Reserve.

Noise means a subjective description of an undesirable, unwanted, or un-warranted sound (see "Sound").

Non-Building Lot means a parcel created solely for the purpose of accommodating electrical substations, water towers, cell towers and similar structures used for public or quasi-public utility purposes.

Non-perennial Stream means a stream that does not flow continuously throughout the year. (Note: as indicated on the Soil Survey of Wake County, North Carolina or the most recent edition of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps. Also known as "intermittent" stream.

Nonpoint Source Pollution means pollution that enters waters from dispersed sources (such as surface runoff) rather than from a point source (i.e., pipe).

Official Plans means any plans officially adopted by the County Commissioners of Wake County as a guide for the development of the county consisting of maps, charts, and texts.

Open Space means areas of publicly or privately owned natural area that is protected for natural and cultural resources.

Open Space, Active means open space reserved for active recreation, such as a park that includes ball fields.

Open Space, Passive means open space where activity is limited due to the sensitivity of the natural resources on the site, including low impact trails; does not include typical park facilities such as sports fields, but restrooms, benches, water fountains, etc. are usually provided.

Open Space Subdivision means a subdivision in which lots are grouped or "clustered" on a subdivision site to allow the open space use of other parts of the site, as designed and approved in accordance with the open space subdivision standards of this ordinance.

Ordinance, This means the Wake County Unified Development Ordinance.

Outdoor Recreation and Entertainment means an establishment offering entertainment and/or recreation to the general public, wherein any portion of the activity takes place in the open. Such uses generally include, but are not limited to: botanical gardens, outdoor firing range, paintball facility and golf course.

Outdoor Retail Sales/Service, Displays and/or Storage means any use of property which involves the sale, leasing, display or storage of commodities, goods, materials or equipment in a location other than in an enclosed building, excluding vehicle sales or products grown on site as referred to in Section 4-85.

Parent Tract means a tract of land in existence on June 6, 2005. (Note: Parcels or tracts created as a result of the division or separation from a parent parcel or parent tract become parent parcels or parent tracts if they are not further divided for at least five years).

Parking, Park and Ride means designated parking areas where commuters park their vehicles and ride with other commuters who have a common destination. Ridesharing from Park and Ride areas may be by any means in which commuters ride together, including carpool, vanpool, and/or public transit.

Pass-by Trips means intermediate stops on the way from a trip origin to a primary trip destination without a route diversion. Pass-by trips are attracted from traffic that would otherwise be passing by a site on an adjacent street.

Passive Open Space means see "open space, passive."

Pave or Paving means to cover with concrete, asphalt, brick, stone slabs or blocks (such as cobblestones, gravel or crusher run), or other manufactured products (such as concrete blocks) having the characteristics of concrete, asphalt, brick, or stone.

Paved means covered with pavement.

Pavement means an artificial covering on a street, road, parking lot, driveway, walkway, patio, or other natural surface of the ground composed of a material listed under definition of "pave or paving"

Pavement, Pervious (or Permeable) means pavement that is designed to reduce surface runoff of water or to enhance recharge of groundwater by means of small openings, perforation, porosity, or similar techniques.

Perennial Stream means a stream that flows continuously throughout the year. (Note: perennial streams are indicated as "perennial" by a solid blue line on the most recent edition of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps.

Person means includes the words owner, agent of an owner, firm, association, partnership, trust, company, and corporation, as well as an individual.

Personal Services establishment means an establishment that primarily provides services generally involving the care of a person or apparel, such as seamstress shops, shoe repair shops, dry cleaning and laundry pickup facilities, self-serve laundry and dry-cleaning facilities, barber shops, beauty salons, spa treatments, body art services (e.g. tattooing and piercing), massage and bodywork therapy facilities providing "massage and bodywork therapy" as defined by Section 90-622(3) of the North Carolina General Statutes, but not including massages rendered by persons exhibiting "specified anatomical areas" as defined by Section 14-202.10(10) of the North Carolina General Statutes and/or where any massages are performed on any client's "specified anatomical areas."

Pet means a domesticated animal which is part of a household and which is kept primarily for pleasure and not profit. Incidental proceeds connected with the showing or breeding of pets do not render them subject to the permit process.

Planning Board means the Wake County Planning Board, the planning agency created by the Board of Commissioners pursuant to statutory authority now appearing as Section 160D-301 of the General Statutes of North Carolina or other applicable statutory authority.

Planning Director means the Wake County official charged with administration and enforcement of this ordinance, including the official's duly authorized agent or delegate.

Planting means vegetative plantings and related improvements retained or introduced for the purpose of beautifying and enhancing property, controlling soil erosion and air temperature, reducing glare or noise, and buffering adjoining uses.

Plat means a map or plan of a tract or parcel of land which is to be, or which has been subdivided, and includes the terms map, plan, or replat.

Note— [Deleted words "plot" and "replot" on 1/22/2008 by OA 04-07]

Preliminary Plan means a map with supporting data for a proposed subdivision, developed for the purpose of showing the general layout of lots and roads.

Principal Use means the primary use and chief purpose of a lot or building, as distinguished from an accessory use.

Private Drive or Driveway means any street or road not publicly maintained but utilized as access by residents, their guests, the public, and by public and private service vehicles.

Private Thoroughfare, Open to Public means a privately owned thoroughfare affording admittance to the general public.

Private Thoroughfare, Restricted means a privately owned thoroughfare intended for the use of one or more private individuals and not affording admittance to the general public.

Public Thoroughfare means any thoroughfare established and maintained, or accepted as a dedication by a governmental agency, for the general public, and over which every person has a right to travel.

Public Wastewater System means any wastewater system whether operated publicly or privately unless the wastewater source is located on a lot and serves only that lot in accordance with NCGS 130-166-64 and NCAC 10D Sec. .0702.

Public Water System means any water system whether operated publicly or privately unless the water source is located on a lot and serves only that lot in accordance with NCGS 130-166-64 and NCAC 10D, Sec. .0702.

Recreational Vehicle means a vehicle designed for recreational use (as in camping); also known as an RV or camper. Recreational Vehicles are not designed for permanent occupancy.

Register of Deeds means the Wake County Register of Deeds.

Remote work means a flexible work arrangement that allows employees to work outside of a traditional office environment.

Residuals means any solid or semisolid waste generated from a septic system, wastewater treatment plant, water treatment plant, or air pollution control facility permitted under the authority of the North Carolina Environmental Management Commission.

Retention means surface collection, storage, and reduction of stormwater runoff for the purpose of providing infiltration of the runoff into the soil.

Reverse Frontage Lot means a continuous lot which is accessible from only the minor of two roads upon which it fronts.

Road means a way for vehicular traffic whether designated as a street, highway, thoroughfare, parkway, freeway, road, avenue, boulevard, lane, place, court, easement, etc. and whether designated public or private.

Road Width means the horizontal distance between the side lines of a street, measured at right angles to the side lines.

Rooming House means any building or portion thereof which contains guest rooms which are designed or intended to be used, let, or hired out for occupancy by, or which are occupied by, five or more, but not exceeding nine, individuals for compensation, whether the compensation be paid directly or indirectly.

Runoff means that portion of rainfall or other precipitation that is not absorbed by the soil, but rather flows across the ground surface and drains to a water body.

Screening means hedges, informal plantings, natural vegetative covers, berms, or fencing provided for the purpose of protecting adjacent uses from potential noise, glare, trash, odor, visual disorder, or other harmful or noxious effects.

Security Sales and Service Business means a business that engages in the sale, installation, and maintenance of alarm and security systems and/or provides monitoring and response to alarms and security systems.

Self Service Storage means a building used for the storage of personal property where individual owners control individual storage spaces. Typical accessory uses include a caretaker's living quarters, security and leasing offices and parking. The use of self-storage facilities for sales, service, manufacturing and repair activities or for the rental of trucks or equipment is not considered accessory to a self-storage use.

Setback means an open, unobstructed area that is required by this ordinance to be provided from the furthermost projection of a structure to the property line of the lot on which the building is located.

Setback, Corner means a side setback that is adjacent to a street.

Setback, Front means the setback required between a building and the front property line of the lot on which the building is located. The front setback must be measured from the front property line unless the front property line does not meet the minimum lot width standard, in which case the front setback must be measured from a point on the lot, nearest the front line, that complies with the minimum lot width standard of the subject zoning district. The front setback line extends across the full width of the property line between the lot's side property lines.

Setback, Rear means the setback required between a building and the rear property line of the lot on which the building is located, extending along the full length of the rear property line between the side property lines.

Setback, Rear Frontage means the setback required between a building and the rear frontage property line of the lot on which the building is located, extending along the full length of the rear property line between the side property lines. The rear frontage setback shall be the same as the front setback requirement of the corresponding Zoning District pursuant to Article 5.

Setback, Side means the setback required between a building and the side property line of the lot on which the building is located, extending along a side property line from the point of the minimum front setback to the point of the minimum rear setback.

Setback Line or Front Building Line means the distance between a street line and the building line of a main building or structure, projected to the side lines of the required lot or tract, and including driveways and parking areas, except where otherwise restricted by this ordinance.

Sewage Treatment Pond means an earthen basin, provided with either a natural material or synthetic liner, that is used as the primary means of treatment of domestic wastewater through sedimentation and aerobic and anaerobic biological processes.

Sexually Oriented Business means any place defined by Section 14-202.10 of the North Carolina General Statutes.

Sign means any identification, description, animation, illustration, or device, illuminated or nonilluminated, which is visible from any thoroughfare or road and which directs attention to any realty, product, service, place, activity, person, institution, performance, commodity, firm, business, solicitation, idea, or concept, including permanently installed or situated merchandise or any emblem, painting, banner, poster, bulletin board, pennant, placard, or temporary sign designed to identify or convey information, with the exception of state, municipal, or national flags.

Sign Area means the sign or copy area is that surface area of a sign structure available for conveying a message, including the supporting trim or frame. Where the copy is mounted on or affixed to a solid structure such as a building wall, the sign area is that portion of the decoration. The sign area must be calculated by determining the smallest rectangle, triangle, circle, or combination of geometric figures which will enclose the copy and associated decoration. Where signs employ cut-outs, the area of such appurtenances must be included in the total sign area.

Sign, Awning means a sign constructed of fabric-like nonrigid material which is a part of a fabric or flexible plastic awning.

Sign Copy (permanent and temporary) means the words and pictorial graphics on a sign surface, either in permanent or removable form.

Sign, Cut-out means part of the copy of an outdoor advertising sign which extends beyond the edge or border of the sign; sometimes called a "top-out," "extension," or "pop-up."

Sign, Double-faced means sign structures placed back to back with a distance between the backs of the signs of not greater than three feet.

Sign, Electronic Changeable Message Sign (ECMS) means a sign, in whole or in part, that displays an electronic image or text, and that uses changing lights to form a message or messages or uses electronic means to change the sign message.

Sign, Fixed Banner Sign means a lightweight material mounted to a pole and fastened to a frame to limit movement.

Sign, Flashing means any sign displaying flashing or intermittent lights or lights of varying intensity, except for signs indicating time and/or temperature which change at intervals of a least five seconds.

Sign, Ground means any sign, other than a pole sign, which is attached directly to the ground by means of one or more upright pillars, braces, or posts placed upon the ground, and not attached to any part of a building.

Sign, Height of means the height of a sign is the vertical distance measured from the top of the sign and supporting frame or trim, if any, to the ground at the base of the sign or street grade level, whichever may be the lower.

Sign, Improperly Maintained means any sign, together with its supports, braces, buoys, and anchors, which is not maintained in accordance with the State Building Code.

Sign, Incidental means an onsite directional and traffic control sign of no more than four square feet of sign face area provided that business logos or other non-traffic control text or symbols do not exceed 25 percent of the sign face.

Sign, Marquee means a sign affixed to a hood, canopy, or projecting roof structure over the entrance to a building, store, or place of public assembly.

Sign, Nonconforming means a sign that was lawfully constructed and erected but which fails to comply with any of the provisions of this section by virtue of amendment to this ordinance.

Sign, Obsolete means a sign identifying business establishments no longer in existence, products no longer being sold, services no longer being rendered, or events which have already occurred.

Sign, Off-premise means any sign or structure, pictorial or otherwise, regardless of size or shape, which directs attention to a business, profession, commodity, attraction, service, entertainment, idea, or concept conducted, offered, sold, manufactures, existing, provided, or entertained at a location other than the premises where the sign is located or to which it is affixed.

Sign, On-premise means any sign or structure, pictorial or otherwise, regardless of size or shape, which directs attention to a business, profession, commodity, attraction, service, entertainment, idea, or concept conducted, offered, sold, manufactured, existing, provided, or entertained at a location on the premises where the sign is located or to which it is affixed.

Sign, Pole means a sign more than 12 feet in height which is attached directly to the ground by one or more upright supports placed upon the ground and not attached to any part of a building.

Sign, Portable means a sign which rests on the ground or any other surface, and is not directly and permanently attached to such surface.

Sign, Poster means any sign made of a rigid or semi-rigid nondurable material, such as paper or cardboard, other than billboard copy. "Billboard copy" is defined as a temporary message applied to a permanent sign structure which message is changed periodically.

Sign, Projecting means a sign projecting out from, and attached to, the exterior wall of any building, and forming an angle of 30 degrees or more to said wall.

Sign, Roof means a sign which is painted or placed on or above the roof of any building to which it is attached.

Sign, Suspended means a sign which is suspended from the underside of a horizontal plane surface, such as a canopy or marquee, and is supported by such surface.

Sign, Temporary means any sign that is used only temporarily (i.e. 30 days or less) and is not permanently mounted. See Sec. 18-10-2(H) for temporary sign regulations.

Sign, Unlawful means any sign installed, erected, or constructed in violation of any of the provisions of this ordinance or State Building Code.

Sign, Unsafe means any sign which is structurally unsound or otherwise unsafe according to the provisions of the State Building Code.

Sign, V-Type means a sign structure constructed in the form of a "V" with an angle no greater than 45 degrees and at no point separated by a distance greater than five feet.

Sign, Wall means any sign, other than a projection sign, which is attached to or painted on any wall of any building.

Sign, Windblown means any banner, pennant, spinner, streamer, moored blimp, gas balloon, or flag (with the exception of state, municipal, or national flags).

Solar Energy System (SES) means a device or structural design feature to provide for the collection, storage and distribution of solar energy for space heating or cooling, electrically generation, or water heating. The area of the system includes all the land or roof area inside the perimeter of the system. The term applies, but is not limited, to solar photovoltaic (PV) systems, solar thermal systems and solar hot water systems.

Solar Energy System, Accessory (SES) means solar energy system (SES) that is incidental to the principal use on a property, as noted in 4-70-1(H).

Sound means rapid fluctuations of atmospheric pressure that are audible to the human ear.

Sound level meter means an instrument for measuring the overall sound pressure level that complies with the standards set forth in the "American Standard Specification for General Purpose Sound Level Meters," American National Standards Institute (ANSI S1. 4-1961).

Special Event means a temporary event that exceeds more than two events or 14 cumulative days per calendar year per parcel but does not exceed six events or 30 days per calendar year per parcel.

Special Highways means those highways, including interstate highways, which have been designated by the Wake County Commissioners as special highways providing vehicular transportation into and out of Wake County. Such Special Highways may include, but are not limited to, thoroughfares.

Special Water Impoundment means the water impoundment in a special watershed that provides a significant wildlife habitat, characteristics unique to Wake County, public recreation, or a potential for future public recreation, as designated by resolution of the Wake County Board of Commissioners.

Special Water Impoundment Buffer means the bufferyard area immediately surrounding a special water impoundment which is to be undisturbed by construction activities, except as allowed in this ordinance.

Special Watershed means a watershed area in the Wake County zoning jurisdiction that contains a special water impoundment or impoundments which provide a significant wildlife habitat, characteristics unique to Wake County, public recreation, or a potential for future public recreation.

State means the State of North Carolina.

Stormwater Control Measures means permanent structural devices that are designed, constructed, and maintained to control flow from stormwater runoff before the water reaches downstream bodies of water. These devices remove pollutants from stormwater and help reduce flooding and erosion to downstream properties when designed in accordance with the Wake County Stormwater Design Manual.

Story means the vertical distance of a building included between the surface of any floor and the surface of the next floor above it, or, if there be no floor above it, then the space between such floor and ceiling next above it; provided that a cellar will not be considered a story.

Stream means any drainageway draining 25 or more acres of land. See also, "Non-perennial Stream" and "Perennial Stream."

Street means a right-of-way or easement containing, or intended to contain, a roadway used for passage or travel by motor vehicles, whether designated as a street, highway, thoroughfare, parkway, freeway, road, avenue, boulevard, lane, place, court, etc., but not including driveways, and whether dedicated to the public or retained solely in private ownership. Where title to land extends to the center of a roadway, easement, or right-of-way, the side lines of such roadway, easement, or right-of-way will be considered as the side lines of the street.

Structure means structure means any object anchored to the ground, constructed or installed by humankind, including signs, buildings, parking lots, garages, carports, flagpoles, stoops and utility buildings (Note: All buildings are structures, but not all structures are buildings).

Subdivider means any person who subdivides or develops any land deemed to be a subdivision as herein defined.

Subdivision means "Subdivision" means any division of a tract or parcel of land which creates one or more lots, building sites, or other divisions for the purpose of sale or building development, whether immediate or future, and includes any division of land involving the dedication of a new road or a change in an existing road.

Surface (Adj.) means roads, street, walkways, driveways, parking lots, or other natural surfaces of the ground covered by gravel, sand, crushed stone, shell, or other loose, noncohesive, uncemented conglomerate, as distinct from paved.

Swift Creek Land Management Plan means a land use plan developed jointly by residents of the Swift Creek area, Wake County, the City of Raleigh, and the Towns of Apex, Cary and Garner that was adopted by the North Carolina General Assembly on October 22, 1998 (Session Law 1998-192).

Telecommunication Tower means a structure designed to support antennas used to provide commercial mobile radio services or other personal wireless services (e.g., cellular telephone communications, personal communication service (PCS), paging, specialized mobile radio [SMR]), excluding satellite dish antennas and licensed amateur radio antennas.

Temporary Event means fairs, carnivals, festivals, weddings, receptions or other types of events that are (i) infrequent in occurrence and limited in duration and (ii) intended to or likely to attract substantial crowds, and is (iii) unlike the customary or usual activities generally associated with the property where the temporary event is located. Temporary events are intended to be commercial or a non-profit venture, and are distinguishable from the infrequent use of one's home for a wedding, party, reunion, etc. for family members and/or friends, which would normally be considered an accessory use of their home not requiring any permit.

Temporary Use means a land use established for a limited and fixed period of time with the intent to discontinue such use upon the expiration of the fixed time period.

Thoroughfare means a road designated as any classification of thoroughfare (as indicated by the plan's legend) on the Transportation Plan.

Tobacco and Hemp Retail means the principal sales and/or distribution of:

• Any product that contains tobacco or nicotine, irrespective of whether the nicotine is tobacco-derived or synthetic, and is intended for human consumption, as defined by G.S. § 14-313(4). As used in this subchapter, "tobacco product" includes but is not limited to: cigarettes, cigars, pipe tobacco, electronic cigarettes, hookah, smoked or vaped tobacco substitutes, chewing tobacco, snuff, snus, dissolvable tobacco products, and heated tobacco products. Tobacco product does not include nicotine replacement products approved by the USFDA for treatment of tobacco use and dependence.

• Any product that contains tetrahydrocannabinol (THC), irrespective of whether the THC is hemp derived or synthetic. Products that contain no greater than .3 percent THC are exempt.

• Any product that contains Mitragyna speciosa, commonly known as kratom.

• Any electronic device that delivers nicotine, THC or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, vape, or electronic hookah.

• Tobacco and hemp retail shall also mean any person who primarily sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia.

Tower Height means the vertical distance measured from existing grade to the highest point of the tower including any antenna, lighting protection, or other equipment affixed thereto.

[Definition of "Tract of Lot" deleted on 1/22/2008 by OA 04-07]

Traffic Growth Rate means the annual growth rate used to project traffic volumes.

Trailer means any vehicle, house car, camp car, or any portable or moveable vehicle on wheels, skids, rollers, or blocks, either self-propelled or propelled by any other means, which is used or designed to be used for residential living, sleeping, commercial, or utility purposes, but not including those vehicles primarily designed for the transportation of goods. (See "Mobile Home" and "Mobile Home Park.")

Trailer Camp means any premise used or intended to be used or occupied by two or more trailers anchored in place or supported by a foundation or other stationary supports, together with automobile parking space, utility structures or trailers, and other required facilities incidental thereto. This definition does not include trailer sales lots on which unoccupied trailers are parked for purposes of inspection and sale. (See "Mobile Home" and "Mobile Home Park.")

Transportation Plan means the Wake County Transportation Plan.

Treatment means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous or low-level radioactive waste to neutralize such waste or to make such waste nonhazardous, safer for transport, reduced in volume, suitable for storage, or for recovery.

Tree and Vegetation Protection Zone means an area in which the tree and vegetation protection standards of Sec. 16-12 apply. Such area extends the following distances from the outer perimeter of a site:

• Fifty feet from all public road right-of-way lines; and

• Twenty-five feet from all other property lines.

Commentary: As its name implies, the "tree and vegetation protection zone" is intended as an area in which tree and vegetation removal is prohibited or otherwise strictly limited. It is not intended as an additional building setback requirement in those instances in which tree and vegetation preservation is not required. The definition presented here must be read in conjunction with Sec. 16-12, which identifies certain exemptions—such as single-family-zoned parcels of two acres or less. In cases of express exemptions or when there are no existing trees or significant vegetation requiring preservation, development is subject only to compliance zoning district setback standards.

Triassic Basin means a shallow lowland containing a thick sequence of sedimentary rocks of the last Triassic Age, generally lying along the western one-fifth of Wake County and specifically shown on the geologic map of Wake County accompanying Geology and Mineral Resources of Wake County, by John M. Parker, III, (Raleigh, North Carolina Department of Natural Resources and Community Development, Geological Survey Section, 1979, pocket supplement).

Triplex means a building designed, constructed, or reconstructed and used for three dwelling units that are located on a single common lot and that are connected to each other by a common structural or load-bearing wall, or by means of a floor to ceiling connection, of at least ten linear feet.

Turkey Shoot means a fundraising event held by or on behalf of a non-profit or tax-exempt organization in which contestants compete for prizes by shooting at paper or similarly composed targets with projectiles fired from shotguns firing shot no larger than number eight (#8).

Understory Tree means any tree variety not expected to reach a height in excess of 30 feet at maturity (such as dogwoods, crepe myrtles, red buds, some maples, etc.).

Upper Watershed Drainageway means a watercourse, channel, ditch or similar physiographic feature draining less than 25 acres.

Utility Line means a publicly owned, or State or locally approved privately owned, utility conduit transporting a utility service commodity, including water lines, wastewater lines, storm sewer lines, electrical power lines, telephone lines, and natural gas lines. Stormwater retention and detention facilities, septic tanks and septic drainage lines, storage tanks for any purpose, utility substations, and buildings housing utility commodities or equipment are not to be considered utility lines under this ordinance.

Vacation (of Subdivision Plat) means the official, formal action that destroys the force and effect of any prior recorded plat, which action, once approved, extinguishes any offer or dedication to any grounds, improvements, roads, or alleys.

Vehicle means standard passenger vehicles such as automobiles, standard pick-up trucks, sport utility vehicles (SUVs), and passenger vans.

Vehicle, Heavy-duty means commercial trucks classified by Department of Transportation Federal Highway Administration (FHWA) based on the vehicle's gross vehicle weight rating (GVWR). The classes range from 1—8 with 1—3 as light duty, 4—6 medium duty, and 7—8 heavy duty.

Veterinary Clinic or Animal Hospital means an establishment where animals are brought for the medical, surgical and preventative treatment and may be held during the time of treatment and recuperation.

Water Dependent Structures means those structures for which the use requires access or proximity to, or siting within, surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks, and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots, and commercial boat storage areas are not water dependent structures.

Water Impoundment means any lake, pond, or other body of water, either natural or man-made.

Water Impoundment Buffer means see "Watershed Buffer."

Water Supply means surface water used as a source of water for drinking, culinary, or food processing purposes after treatment.

Water Supply Watershed means those lands classified as Municipal Transition Area/Water Supply Watershed or Rural Area/Water Supply Watershed on the Wake County Comprehensive Plan Development Framework Map.

Watershed means the land area that drains runoff to a surface water body or watercourse. Also called a drainage basin, a watershed includes hills, lowlands, and the body of water into which the runoff drains.

Watershed Best Management Practice (BMP) means see "Best Management Practice."

Watershed Buffer means an undisturbed area of natural vegetation adjacent to a drainageway, watercourse, or water impoundment within a watershed through which stormwater runoff is intended to flow in a diffuse manner so that it does not become channelized and infiltration of runoff and filtering of pollutants can take place.

Yard means the actual (as opposed to "required") open, unobstructed area that exists on a lot. See also "Setback."

Zoning Map means the "Wake County Zoning Area Zoning Plan," which is a map and a part of this ordinance.

[Amended on 1/22/2008 by OA 04-07; amended on 7/21/2008 by OA 04-08; Amended on 4/6/2009 by OA 01-09; Amended on 4/6/2009 by OA 01-09; Amended on 4/20/2009 by OA 02a-09; Added on 3/21/2011 by OA 10-10; Amended on 9/6/2011 by OA 03-11; Amended on 6/4/2012 by OA 02-12; Added on 9/3/2013 by OA 02-13; Amended on 4/21/2014 by OA 06-12; Amended on 4/21/2014 by OA 05-12; Amended on 9/15/2014 by OA 04-13; Amended on 10/6/2014 by OA 03-14; Added on 2/2/2015 by OA 05-14; Added on 1/17/2017 by OA 02-16; Added on 7/23/2018 by OA 01-18; Amended by 9/8/2020 by OA-01-20; Amended on 1/19/2021 by OA-03-20; Amended 6/7/2021 by OA-01-21; Amended on 11/21/2022 by OA-02-22; Amended on 10/16/23 by OA-02-23; Amended on 11/18/2024 by OA-01-24; Amended on 4/7/2025 by OA-01-25]