(a)

The numbers, abbreviations, terms and words used in these regulations shall be used, interpreted, and defined as this article provides. Words or terms not defined shall have their customary dictionary definition. Words or terms defined in other articles shall have the definitions provided in that article.

(b)

Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the plural number include the singular; words used in the singular include the plural; the word "herein" means "in these regulations"; the word "regulations" means "these regulations"; and words of any gender shall be applicable to all genders.

(c)

The term "person" includes a corporation, a partnership, and an incorporated or unincorporated association of persons, such as a club; the term "shall" is always mandatory; the term "may" is permissive; and the term "building" or "structure" includes any part thereof.

(d)

When any requirement of these regulations result in a fraction of a number unit, then a fraction of one-half (1/2) or more shall be considered as the next higher whole number or unit and a fraction of less than one-half (1/2) shall be disregarded. This provision shall apply to numbers including, but not limited to, parking requirements, numbers of dwelling units, vegetation requirements, and square footage computations.

(Code 1993, § 27-1)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building means a subordinate building or structure located on the same lot as, and detached from, the principal building, the use of which is an accessory use to that of the principal building.

Accessory dwelling unit means a dwelling unit that exists either as part of a principal dwelling or an accessory building and is secondary and incidental to the use of the property as a single-family residence.

Accessory use means a use which meets the following conditions:

(a)

Is located on the same lot as the principal use, whether or not it is located in the same building;

(b)

Is incidental to and subordinate to the principal use;

(c)

Is subordinate or dependent to the principal use;

(d)

Is customarily associated with the principal use;

(e)

Will not create a nuisance or hazard to the principal use or area uses to a greater degree than that which can be expected by the principal use prior to creation of such accessory use;

(f)

May not operate more than sixty (60) days after the permitted original use of such property has ceased to function or exist; and

(g)

May not begin prior to the principal use on the property.

Airport zoning ordinance terms and definitions. See article IX of this chapter.

Aisle width means the distance between two (2) rack sections, allowing for the marine forklift to turn while carrying a boat to or accessing a boat rack.

Alley means a public vehicular or pedestrian way which affords only a secondary means of access to abutting property and is not intended for general traffic circulation.

Arcade, coin-operated amusements center or game center means an establishment having five (5) or more token or coin operated amusement devices or machines. Four (4) or fewer machines shall be classified as an accessory use. Such machines, upon insertion of a coin, slug, token or other means, may be operated by the public generally for use as a game or for entertainment or amusement, where no cash, merchandise or other items of value are redeemed or otherwise distributed to game players. Coin-operated amusement devices or machines include such devices as electronic videogames, pinball machines, billiard and/or pool tables that are coin-operated and six (6) feet in length or less, and other similar machines. Billiard parlors and pool rooms shall not be considered as a game center. An establishment with more than two (2) coin-operated billiard and/or pool tables shall be considered a billiard parlor for purposes of this chapter. Also, for purposes of this chapter, bingo games and parlors shall be considered as game centers. Games within this category are not considered to be electronic gaming operations, internet sweepstakes games or internet cafes and do not limit players under eighteen (18) years of age from participating. See billiard parlor, pool room, electronic gaming operations (aka) internet sweepstakes operations.

Area, gross floor, means the area within the inside perimeter of the exterior walls with no deduction for corridors, stairs, closets, thickness of walls, columns or other features exclusive of courts and vent shafts.

Area, net floor, means the area actually occupied, not including accessory unoccupied areas, such as corridors, stairs, closets, thickness of walls, columns, toilet room, mechanical area or other such features.

Arterial, minor means a roadway which provides service for trips of moderate length, serving small metropolitan areas and offers connection between collector roadways and principal arterial roadways (e.g. Route 17, Route 32, Market Street, 15th Street).

Arterial, principal means a roadway which serve major centers of metropolitan areas, providing a high degree of mobility through rural areas, and may serve abutting uses with direct access (e.g. Route 264).

Article means those articles found within this chapter, unless otherwise referenced.

Athletic field means an outdoor site, allowing athletic structures and equipment, designed for formal athletic competition in field sports (e.g., softball, soccer, football).

Automobile graveyard or junkyard means an establishment or place of business which is maintained, used, or operated for storing, keeping, buying or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. Any establishment or place of business upon which six (6) or more unlicensed, used motor vehicles which cannot be operated under their own power are kept or stored for a period of fifteen (15) days or more shall be deemed to be an automobile graveyard.

Automobile repair service, major, means an establishment primarily engaged in one (1) or more of the following activities:

(a)

General repair service;

(b)

Engine repair;

(c)

Installation or repair of transmissions;

(d)

Installation or repair of automotive glass;

(e)

Installation or repair of exhaust systems;

(f)

Repair of tops, bodies, and interiors; and

(g)

Automotive painting and refurbishing.

Automobile repair service, minor, means an establishment primarily engaged in one (1) or more of the following activities:

(a)

Diagnostic service and tuneups;

(b)

Installation or repair of air conditioners, brakes, carburetors, electrical systems, fuel systems, generators, starters, and radiators;

(c)

Lubricating service; and

(d)

Front end and wheel alignment.

Automobile service station (gasoline service station) means an establishment in which gasoline, accessories and services for automobiles are supplied and dispensed at retail. Uses permitted at an automobile service station do not include major mechanical and bodywork, straightening of body parts, painting, welding, or the storage of automobiles which are in nonrepairable operating condition or not to be repaired.

Awning means a temporary or permanent nonloadbearing projection from a building designed to provide shade or protection from elements, having a pitched surface which may not be used for any other purpose.

Bar means a commercial establishment open to the general public which sells and serves intoxicating beverages for consumption on the premises which does not charge a fee for entrance into the facility and in which does not provide facilities for dancing or similar recreation uses.

Basement means the portion of a building that is partly or completely below grade.

Beauty shop means an establishment where cosmetology services are provided including hair care, nail care, or skin care. For purposes of this section, microblading studios and permanent makeup studios shall fall within this definition. However, body art, inclusive of words, symbols, or any other design, shall be considered tattooing and is not included as a portion of this definition.

Bed and breakfast (also formerly known as tourist homes) means an owner-occupied single-family dwelling offering overnight accommodations for transient guests, for a period of less than one (1) week. The occupancy is limited to twelve (12) guests per night, and the character of the dwelling must be maintained. Signs shall be in compliance with chapter 40, article XVI of this Code. The business cannot sell merchandise other than meals on the premises or employ more than one (1) part-time dedicated staff beyond the owner(s). Private indoor only event services can be held exclusively for overnight occupancy guests, with an allowance of one (1) additional person per guest, up to a maximum of twenty-four (24) people. Outdoor events are not allowed.

Bedroom means a fully enclosed interior room as shown on the building plan for the structure having, as a minimum, a doorway, window and closet.

Billiard parlor, pool room means any establishment that has more than two (2) billiard/pool tables or whose principal purpose is the operation of a billiard parlor or pool room, regardless of the total number of billiard/pool tables. Billiard or pool tables are not permitted in grocery or convenience stores.

Blind center means an institution established for the purpose of providing education, training and/or employment for eligible blind persons. Primary occupants of the structure will be those as defined under G.S. 111-11. Operation of the center will be in compliance with the State of North Carolina enabling legislation for visually handicapped persons.

Board of Adjustment refers to the Board appointed to administer the duties and responsibilties outlined in article XIX of this chapter.

Boardinghouse orroominghouse means any single-family dwelling, in which rooms are rented by the owner-occupant to not more than four (4) persons who are not related by blood, adoption or marriage to the owner-occupant. See Family.

Bona fide farm means a farm that includes 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. 160-581.1.

Brewery. A building or establishment used for the manufacture of malt liquors, such as beer and ale. Breweries manufacture in excess of fifteen thousand (15,000) barrels (a barrel is approximately thirty-one (31) gallons) of malt liquors a year.

Brewpub. A combination brewery, restaurant and/or pub; beer is brewed for consumption on the premises and served along with food. Considered an accessory use to a micro-brewery.

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

Building footprint means the area of a lot or site included within the surrounding exterior walls of a building or portion of a building, exclusive of courtyards. In the absence of surrounding exterior walls, the building footprint shall be the area under the horizontal projection of the roof.

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

Cabana means an accessory building or a portion of the main building used as a bathhouse or a dressing area in connection with a swimming pool or a tennis court.

Canopy means a multisided roof like cover that projects from the wall of a building over an entrance; or a free standing or projecting cover above an outdoor service area, such as at a gasoline service station.

Carnival means a traveling or transportable group or aggregation of rides, shows, games, concessions, and operators, or any combination thereof.

Carport means a parking space having a roof but not enclosed by walls and accessory to a dwelling unit.

Chapter refers to, as used herein, this chapter 40, unless otherwise referenced.

Church orplace of worship means a building in which persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship and holding a certificate of nonprofit organization from the Secretary of State.

Circus means traveling or transportable show or exhibition consisting of performances by persons and animals under one (1) or more tents or similar structures, with or without other sideshows.

City Council means the governing body of the city, as provided by the Charter of the City of Washington, North Carolina. The Mayor and Council on behalf of the city, and in conformity with applicable laws, provide for the exercise of all municipal powers and are charged with the general government of the city.

Civic, trade, lodge, or business organizations means membership organizations engaged in civic or social activities, local service clubs, booster clubs, veteran's posts, fraternal society or associations, local civic leagues or associations of ten (10) or more persons not organized for profit but operated exclusively for educational or charitable purposes within the community.

Club, public or private, means an establishment of which the principal use is entertainment and which:

(a)

May be open to the general public;

(b)

May require a membership, cover, or minimum charge for admittance or service during regular or special periods of operation;

(c)

May provide live or recorded amplified music;

(d)

May provide a floorshow;

(e)

May provide a dance area;

(f)

May offer a full service bar;

(g)

May offer food services;

(h)

May provide food attendant (waiter/waitress), table ordering and busboy services; and

(i)

Does not qualify under the definition of the term "restaurant, fast food" or "restaurant, conventional" as contained herein.

Coin-operated amusements center orgame center means an establishment having five (5) or more token- or coin-operated amusement devices or machines. Four (4) or fewer machines shall be classified as an accessory use. Such machines, upon the insertion of a coin, slug, token, or other means, may be operated by the public generally for use as a game or for entertainment or amusement. Coin-operated amusement devices or machines include such devices as electronic videogames, pinball machines, billiard and/or pool tables that are coin-operated and six (6) feet in length or less, and other similar machines. Billiard parlors and pool rooms shall not be considered as a game center. An establishment with more than two (2) coin-operated billiard and/or pool tables shall be considered a billiard parlor for purposes of this chapter. Also, for purposes of this chapter, bingo games and parlors shall be considered as game centers. See Billiard parlor, pool room.

Collector, major means a roadway which serves primarily intra-county travel (vs. statewide) gathering traffic from local roadways and funneling them to the arterial network of roads. Offer greater mobility, higher speeds, more travel lanes, longer in length, and less access than the minor collectors (e.g. Highland Drive).

Collector, minor means roadways that gather traffic from local roadways and funnel onto arterial system. When compared with major collectors, minor have fewer travel lanes, slower speeds, greater access to adjacent uses, and lower travel volumes.

Common area means all areas, including private streets, open space, parking lots, and active recreation areas conveyed to an owner's association within a development or owned on a proportional undivided basis in a condominium development. Such area shall be dedicated on the final plat and recorded. Such owners are responsible for the maintenance and upkeep of the common area.

Comprehensive Transportation Plan (CTP) means the 2014 Beaufort County Comprehensive Transportation Plan and all subsequent updates and revisions. https://connect.ncdot.gov/projects/planning/TPBCTP/Beaufort%20County/BeaufortCTPReport.pdf

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

Condominium means the ownership of single units in a multiunit structure with common areas and facilities. Such structures may contain one (1) or more stories and may include any permissive group development types including, but not limited to, garden apartment, multifamily dwelling, attached dwelling or two-family dwelling units (duplexes).

Condominium development means two (2) or more condominium units for residential use, with their principal building or group of buildings, accessory buildings, common areas and courtyards on a lot as authorized by the condominium development regulations of this chapter.

Condominium unit means an enclosed space consisting of one (1) or more rooms occupying all or part of a floor in a building of one (1) or more floors or stories designed for residential use, and shall include such accessory spaces and areas as may be described in the declaration of covenants and restrictions, such as garage space, balcony, terrace or patio, provided it has a direct exit to a street or to a given common space leading to a street.

Congregate care facility means a facility providing shelter and services for ambulatory individuals at least fifty-five (55) years of age who, by reason of age, functional impairment, or infirmity, may require meals, housekeeping, and personal care assistance. Congregate care facilities do not include nursing home or similar institutions devoted primarily to the care of the chronically ill or the incurable.

Convenience store means any food-personal merchandise store which sells at retail only prepackaged food and beverage products, personal toiletries, sundries, over-the-counter medications, household supplies, magazines, and the like in combination from a limited inventory; does not stock fresh vegetables, produce, poultry or meats; has a total lot coverage not to exceed four thousand (4,000) square feet; and which may or may not offer made-to-order food or drink. Billiard and pool tables are not permitted within convenience stores.

County, state or federal government building or use means any building, structure or use of the county, state or federal government or their various subparts. The term shall include offices, libraries, fire stations, sheriffs' departments, courts, recreation facilities, and parks. All government buildings or uses shall only be allowed in accordance with the table of permitted and special uses for the particular district.

Day care, adult, means an establishment which provides for the care and supervision of aged, handicapped, or disabled adults away from their homes by persons other than their family members, custodians or guardians for periods not to exceed eighteen (18) hours within any twenty-four-hour period.

Day care, child, means an establishment which provides for the care and supervision of children away from their homes by persons other than their family members, custodians or guardians for periods not to exceed eighteen (18) hours within any twenty-four-hour period.

Deck means an accessory structure, typically attached to a principal building, constructed of planks as the flooring of an outdoor gathering space, open to the elements, without covering or walls. Posts and guardrails shall be provided at a height at least thirty-six (36) inches required by building code when deck is elevated above ground level.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

Director of Planning and Development means the person, official, or his authorized representative, whom the City Council has designated as its agent for the acceptance, coordination and approval of all plans and permits required by this chapter, and for the enforcement of these regulations, unless otherwise specifically provided in the particular case. The Director of Planning and Development shall, excepting City Manager authority, have final administrative interpretation concerning the meaning, requirement or extent of any section, graphic or description set forth by this chapter, unless otherwise specifically provided in the particular case.

Distillery. A distillery shall mean and include any premises or plant wherein alcohol or liquor is manufactured, made and distilled from raw materials, blended or rectified, or any place wherein alcohol or liquor is produced by any method suitable for the production of alcohol.

District, zoning, means a section of the city or its extraterritorial area within which the zoning regulations are uniform.

Dormitory means a building or group of buildings where group sleeping accommodations are provided with or without meals for persons not members of the same family group, in one (1) room, or in a series of closely associated rooms under joint occupancy and single management, such as a college dormitory or privately owned dormitory intended for use by college students.

Drive-through facilities means facilities which are accessory to a principal use whereby goods or services may be offered directly to customers in motor vehicles by means which eliminate the need for customers to leave their motor vehicles.

Drystack boat storage means a facility for which the primary structure is designed for the temporary storage of boats, stacked vertically and horizontally in layers, and elevated off the ground.

Dwelling means any building, structure, manufactured home or mobile home, or part thereof, used and occupied for human habitation or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith, except that for purposes of Article 12 of G.S. 160D, it does not include any manufactured home, mobile home, or recreational vehicle, if used solely for a seasonal vacation purpose.

Dwelling, attached (one-family attached dwellings), means any one-family dwelling that is connected on one (1) or more sides by means of a common dividing structure or loadbearing wall of at least five (5) linear feet to one (1) or more other one-family dwelling units. Typically, such one-family attached dwelling units consist of individual townhouses for sale, duplex units for sale (two-family dwelling), condominium development or other multiplex development with individual dwelling units for sale. An individual one-family attached unit for sale may also include the sale of its accompanying individual lot of record.

Dwelling, detached, means a one-family dwelling that is completely surrounded by permanent open spaces.

Dwelling, multifamily, means separate and detached structure or group of structures containing three (3) or more total dwelling units on a common lot and sharing common facilities; or two (2) or more single-family or two-family attached dwellings located on a common lot; or one (1) or more attached dwelling units on a common lot and sharing common facilities with a nonresidential use. Excluded from this definition are the terms "mobile home parks" and "caretaker dwellings."

Dwelling, two-family attached (duplex), means a separate and detached structure containing two (2) attached dwelling units, each designed for occupancy by one (1) family on an individual lot exclusive to such units and their accessory uses.

Dwelling unit means a single unit providing complete, independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Electronic gaming operations (aka internet sweepstakes operations) means any business enterprise, whether as a principal or accessory use, where persons utilize electronic machines, including but not limited to computers, handheld PDAs, gaming terminals or gaming tables, to conduct electronic games, which may or may not require players to be eighteen (18) or older, and where cash, merchandise or other items of value are redeemed or otherwise distributed, either on-site or through a third-party, whether or not the value of such distribution is predetermined by electronic games played or by predetermined odds. Electronic gaming operations shall include, but are not limited to, internet cafes, internet sweepstakes, electronic gaming machines, or cyber-cafes. This does not include any lottery approved by the State of North Carolina or any nonprofit organization that is otherwise lawful under State law. Games within this category are not considered to be arcades, coin-operated amusements or game centers. See arcades.

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

Extraterritorial jurisdiction means the area beyond the corporate limits within which the planning, zoning and building regulations of the city apply in accordance with state law. Such area is delineated on the Official Zoning Map for the City of Washington.

Expressway means a roadway high mobility and high volume, typically with four (4) lanes, two (2) in each direction, with limited or controlled access. May have interchanges or at-grade intersections and right-in and right-out driveways. Refer to the Comprehensive Transportation Plan for mapping.

Fair means the public display for sale, entertainment or education of agricultural, industrial or civic articles or similar displays or exhibitions, usually held not more than annually for a period of less than one (1) week.

Family means an individual living alone; two (2) or more persons related by blood, adoption, or marriage; or a group of not more than four (4) unrelated persons living together as a single housekeeping unit in a shared dwelling unit. See Room renting.

Family care home means an establishment defined under G.S. 168-20 through 168-23, as amended, with support and supervisory personnel that provides room and board, personal care and rehabilitation services in a family environment for not more than six (6) residents who are handicapped. The term "handicapped person" means a person with a temporary or permanent physical, emotional, or mental disability including, but not limited to, mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbance and orthopedic impairments, but not including mentally ill persons who are dangerous to others. The term "dangerous to others" means that within the recent past the individual has inflicted, attempted to inflict, or threatened to inflict serious bodily harm to another; has acted in such a way as to create a substantial risk of serious bodily harm to another; or has engaged in extreme destruction of property, and that there is a reasonable probability that this conduct will be repeated. Previous episodes of dangerousness to others, when applicable, may be considered when determining reasonable probability of future dangerous conduct. Professionals or paraprofessionals providing assistance to the occupants shall be allowed in addition to the maximum occupancy.

Farm means or may consist of a single tract of land, or a number of separate tracts which may be held under different tenures. It may be operated by the operator alone or with the assistance of members of his household or hired employees, or it may be operated by a partnership, corporation, or other type of organization.

Farmers market means an establishment, either enclosed or open, dedicated for farmers to sell farm products not grown upon the premises.

Farming means establishments (farms, ranches, dairies, nurseries, orchards, hatcheries, etc.) primarily engaged in the production of crops, plants, vines, or trees (excluding saw mills); and the keeping, grazing, or feeding of livestock for the sale of livestock or livestock products, for livestock increase, or for value increase. The term "livestock" as used herein includes cattle, sheep, goats, hogs, and poultry. Also included are animal specialties, such as, horses, rabbits, and fish in captivity. Agricultural production also includes establishments primarily engaged in the operation of sod farms, mushroom cellars, poultry hatcheries, and in the production of bulbs, flower seeds, and vegetable seeds.

Foundation means that part of a structure which is in contact with the soil and is typically constructed of concrete and/or masonry.

Fraternal or civic organization (not including residential) means a nonprofit establishment that is organized and chartered for a fraternal or civil purpose and that is not open to the general public, but is open only to the members of the organization and their bona fide guests. Payment of an admission fee denominated as a membership fee for entrance into an establishment does not in and of itself constitute membership. This provision does not, however, prohibit such an establishment from being open to the general public for raffles and bingo games as required by G.S. 14-309.11(a) and 14-309.13.

Fraternity or sorority house means a dwelling occupied by and maintained exclusively for college or university students who are affiliated with a social, honorary, or professional organization recognized by the college or university.

Freeway means a roadway in which access and egress points are limited to on- and off-ramp locations or limited number at grade intersections; directional travel lanes typically separated by a physical barrier, allowing for high volume and high speeds (e.g. Route 17).

Front of the building means any side which has a main entrance to the living room areas of any dwelling unit. No wall will be considered fronting on a street if it forms more than a forty-five-degree angle with the street line.

Frontage means all the property abutting one (1) or more sides of a street.

Garage means an enclosed structure, used, or designed to be used for the parking and storage of vehicles.

Gazebo means a freestanding structure with a pitched roof design, having a maximum height of fifteen (15) feet, and a maximum area of six hundred (600) square feet, and shall be designed for recreational use only and not for habitation.

Group care facility means an establishment qualified for a license by the State of North Carolina for provision of resident services to more than six (6) residents who are physically disabled, mentally retarded, or developmentally disabled; persons recuperating from alcohol- or drug-related problems; persons adjusting to society as an alternative to imprisonment; and persons recuperating from mental or emotional illness. This definition shall not include mentally ill persons who are dangerous to others. The term "dangerous to others" means that within the recent past the individual has inflicted, attempted to inflict, or threatened to inflict serious bodily harm to another; has acted in such a way as to create a substantial risk of serious bodily harm to another; or has engaged in extreme destruction of property, and that there is a reasonable probability that this conduct will be repeated. Previous episodes of dangerousness to others, when applicable, may be considered when determining reasonable probability of future dangerous conduct. Professionals or paraprofessionals providing assistance to the occupants shall be allowed in addition to the maximum occupancy.

Group development means a development that contains multiple, related, primary structures on a single lot of record (i.e., apartment complex, shopping center).

Group housing means facilities used for overnight stay in conjunction with a civic purpose including shelters for the abused and homeless, group care facilities, etc.

Hazardous means any use, product, operation, material, compound or reaction which by its known or reasonably expected nature creates excessive noise, odor, smoke, dust, danger of fire or explosion, emission of gas, particles, solids, or other objectionable or toxic characteristics which may adversely impact the public's health, safety and general welfare. Nonhazardous shall include those attributes which by their nature do not qualify under this definition.

Height of structure means the vertical distance from the finished grade to the highest point of the structure.

Historic Preservation Commission. See article XV of this chapter.

Home occupation means an activity conducted for financial gain as an accessory use to a single-family dwelling unit by a member of the family residing in the dwelling unit. The incidental use of any dwellings by the occupants for the purpose of receiving or transmitting messages or mail; recordkeeping or bookkeeping; filing; address listing for applicable privilege license or tax identification; and other similar activities which do not involve the on-site sale, delivery, distribution, reception, storage or manufacture of goods, products or services shall not constitute a home occupation for the purpose of regulation under this chapter.

Hot tub means an artificial container of water with a liquid capacity greater than one hundred (100) gallons and designed with a mechanical air injection system and/or recirculating device.

Hotel ormotel means a building or group of buildings containing guest rooms, suites, separate units or connecting units where, for compensation, lodging is provided on a shortterm basis. For purposes of this definition the term "shortterm basis" shall include only daily or weekly periods. Not more than twenty-five (25) percent of the rooms, suites or units may have kitchen or cooking facilities. The hotel or motel shall be designed and marketed in a fashion that reflects the intended use of transient lodgers. No persons other than approved resident managers, supervisors or caretakers and their families shall utilize, consider or reference any hotel or motel room, suite or unit as a secondary or primary place of residence. A hotel or motel may contain restaurants, meeting rooms, indoor recreation facilities, lounges, entertainment facilities, retail sales of personal accessories for occupants, maid and bell boy service, laundry services, telephone and secretarial service as accessory uses to the hotel or motel use. This definition shall also include the term "bed and breakfast inns."

Internal service facility means facilities incidental to the permitted nonresidential principal use, including cafeterias, snack bars and similar retail activities conducted solely for the convenience of employees, patients, patrons, or occasional visitors provided that such facilities are housed within the principal or related buildings and provided that neither the facility itself nor any advertising display is visible beyond the premises.

Junkyard means use of land or buildings or other structures for indoor and outdoor storage, collection, demolition, dismantling, processing, abandonment, sale, or resale of junk including scrap metal, rags, paper, other scrap materials, used lumber, used building materials, salvaged house wrecking, salvaged structural steel, salvaged materials, salvaged equipment, automobiles, and boats or other vehicles or machinery or parts thereof. This definition shall also include the term "automobile graveyards."

Kennel means any facility for the purpose of boarding domesticated animals on a commercial basis or as an accessory use to district uses. This term does not include livestock sales pavilions, auditoriums, yards, distribution facilities, transshipment facilities or slaughterhouses.

Landfill, demolition and construction debris, major, means a disposal site (other than a minor demolition and construction debris landfill as defined in this section) for stumps, limbs, leaves, concrete, brick, wood, and uncontaminated earth. Disposal of any other types of wastes must be approved by the state Division of Health Services.

Landfill, demolition and construction debris, minor, means a disposal site for stumps, limbs, leaves, concrete, brick, wood, and uncontaminated earth which is less than three (3) acres in size and is in operation for less than one (1) year.

Local roadway means a roadway system maintained by the local government, generally unclassified by the State designed to handle local traffic and short trips. Generally, make-up the greatest percentage of mileage in a given community.

Lot means a parcel of land in single ownership occupied or intended for occupancy by a principal building together with its accessory buildings including the open space required under this chapter. For the purpose of this chapter, the owner shall be required to specify which is the front when requesting a building permit.

Lot, corner, means a lot which has frontage on at least two (2) intersecting streets; provided that the interior angle of such intersection is less than one hundred thirty-five (135) degrees.

Lot coverage means that portion of a lot occupied by a structure, whether at ground level or the equivalent thereto when a structure is elevated on pilings.

Lot depth means the horizontal distance between front and rear lot lines.

Lot, double frontage, means a lot which fronts on two (2) parallel streets, or which fronts upon two (2) streets which do not intersect at the boundaries of the lot.

Lot frontage means the distance between side lot lines measured along the street right-of-way or easement.

Lot line means a line that marks the boundary of a lot.

Lot line, front, means the common boundary line between a street right-of-way or easement and the lot line.

Lot of record means a lot which is a part of subdivision or plat which has been recorded in the office of the Register of Deeds of Beaufort County, or a lot described by metes and bounds, the description of which has been recorded in the office of the Register of Deeds in accordance with the subdivision regulations in effect at the time of recordation.

Lot, reversed corner, means a corner lot which does not front on the same street with the interior lots on the same side, as distinguished from the same end of the block.

Lot width means the distance between the side lot lines measured at a distance equal to the minimum front yard setback and parallel to the street right-of-way line. In the case of a cul-de-sac or curved right-of-way, the lot width shall be the distance between the side lot lines measured at the shortest tangent to the arc of the minimum front yard setback. See examples:

Manual of Standard Designs and Details means the Manual of Standard Designs and Details which is a supplement to the subdivision regulations. Such supplement contains engineering designs and details relative to plat layout; storm drainage design; sedimentation control; basis; pipes and manholes; ending walls and retaining walls; street standards; pavement design; ground cover; driveways; parking; stormwater detention and other uniform design standards.

Manufacturing means establishments engaged in the mechanical or chemical transformation of materials or substances into new products. These establishments are usually described as plants, factories, or mills and characteristically use power-driven machines and materials handling equipment. Establishments engaged in assembling component parts of manufactured products are also considered manufacturing if the new product is neither a structure nor other fixed improvement. Also included is the blending of materials such as lubricating oils, plastics, resins, or liquors.

(a)

The materials processed by manufacturing establishments include products of agriculture, forestry, fishing, mining, and quarrying as well as products of other manufacturing establishments. The new product of a manufacturing establishment may be finished in the sense that it is ready for utilization or consumption, or it may be semifinished to become a raw material for an establishment engaged in further manufacturing.

(b)

The materials used by manufacturing establishments may be purchased directly from producers, obtained through customary trade channels, or secured without recourse to the market by transferring the product from one (1) establishment to another which is under the same ownership. Manufacturing production is usually carried on for the wholesale market by transferring the product from one (1) establishment to another which is under the same ownership. Manufacturing production is usually carried on for the wholesale market, for interplant transfer, or to order for industrial users, rather than for direct sale to the domestic consumer.

Marina means any publicly or privately owned dock, basin, or wet storage facility constructed to accommodate more than four (4) boats.

Marine forklift means a forklift designed to move boats. In most cases, marine forklifts are designed with negative lift to launch boats.

Micro-brewery. A brewery where malt beverages are made on the premises and produce less than fifteen thousand (15,000) barrels of malt liquors a year. Micro-breweries provide areas for on-premise consumption, education, retail sales or other accessory uses.

Micro-distillery. A facility, no larger than twelve thousand (12,000) square feet of gross floor area that produces craft distilled spirits of alcoholic beverages at no more than fifty thousand (50,000) U.S. gallons per year and where the principal distiller defines the house style and oversees all aspects of the production.

Mining means the extraction of minerals occurring naturally; solids, such as coal and ores; liquids, such as crude petroleum; and gases, such as natural gas. The term "mining" is also used in the broad sense to include quarrying, well operation, milling (crushing, screening, washing, floatation, etc.) and other preparation customarily done at the mine site, or as a part of mining activity.

Mixed development means a mixture of residential and permitted office and/or commercial uses.

Mobile home means a portable dwelling unit designed for transportation on its own chassis and placement on a temporary or semipermanent foundation having a measurement of over thirty-two (32) feet in length and over eight (8) feet in width. A Doublewide mobile home is two (2) or more portable manufactured units, designed for transportation on their own chassis, which connect on site for placement on a temporary or semipermanent foundation to create a detached dwelling unit, and having a measurement of over thirty-two (32) feet in length and over eight (8) feet in width. The term "mobile home" shall also include manufactured homes.

Mobile home park, conforming. See article VIII of this chapter.

Mobile home park, nonconforming, means a parcel of land containing two (2) or more mobile home dwelling units where such placement or improvements do not conform to the minimum requirements of this chapter.

Mobile home site or lot means a parcel of land in a mobile home park designed to accommodate one (1) mobile home and its accessory buildings or uses for the exclusive use of the occupants.

Mobile home stand means that area of a mobile home site or lot which has been reserved for the footprint of a mobile home.

Modular or sectional structures means a modular structure is a factory-fabricated, transportable building not built on its own chassis, designed to be used by itself or to be incorporated with similar units and requiring a foundation at the site. Modular or sectional structures are distinguished from mobile homes by not being permanently build on a chassis and by requiring a foundation for support. Modular or sectional structures as defined herein do not fall within the provisions of the mobile home or mobile home park requirements, but instead are considered dwellings or structures and shall meet appropriate zoning, subdivision, and North Carolina State Building Code requirements.

Municipal government building or use means any building, structure or use of the City of Washington or its various subparts. This term shall include cemeteries, warehouses, fire stations, police stations, municipal offices, libraries, recreation facilities and parks, civic centers, and garages. Uses not listed in this definition shall only be allowed in accordance with the table of permitted and special uses for the particular district. Where municipal-operated facilities to be used for athletic events and/or night programs are to be located in residential areas, a public hearing shall be properly advertised and conducted before City Council for the purpose of hearing and considering any comments by the public as to the location under consideration.

Negative lift means a distance from the top of a boat launch pad to the point below the water which will launch a boat.

New construction means structures for which the start of construction commenced on or after the effective date of this chapter.

Noncommercial park or recreational facility means nonprofit or neighborhood recreation clubhouse, swimming pools, tennis courts, play lots, ballfields and the like which are owned and operated by any nonprofit organization or neighborhood association as a principal or accessory use.

Nonconformity means any dimension, area, use, or other situation, which does not comply with the requirements, standards or conditions set forth by this chapter, whether existing on the effective date of this chapter or following any amendment thereto.

Nonprofit use means any use holding a certificate of nonprofit organization from the Secretary of State for social, literary, political, civic, religious, fraternal, recreational, or charitable purposes, which is not operated for profit or to render a service which is customarily conducted as a business.

Open space means the natural, vegetated or landscaped portions of a lot. Seventy-five (75) percent of required open space must be capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation. Open drainage ditches, ponds and the like may count toward any open space requirement. Except as specifically provided, portions of a lot covered by buildings, structures, parking areas, drives, exterior storage areas, swimming pools, recreation areas consisting of impervious coverage greater than fifty (50) percent, decks, patios, porches, and the like shall not be construed in open space.

Organic food products and sales means the retail sale of produce or other foodstuffs which have been grown or otherwise produced using practices that restrict specific pesticides, fertilizers, solvents, additives, or other materials.

Outdoor bazaar means the temporary sale of goods outside of a building.

Owner/occupant means any person, firm, corporation, lessee, receiver, trustee, guardian or personal representative holding legal title or legal right to occupy or carry on business upon any lot or any manager, operator or other person authorized to occupy or conduct business on behalf of an owner. Where there is more than one (1) owner as defined, their duties and obligations under this chapter are joint and severable and shall include responsibility for compliance with this chapter.

Parking area aisles means a portion of the vehicle accommodation area consisting of lanes providing access to parking spaces.

Parking space means the storage space of not less than nine (9) feet by twenty (20) feet for one (1) automobile plus the necessary access space. It shall always be located outside the dedicated street right-of-way.

Patio means an uncovered floor, usually made of concrete, brick, or other masonry material, which is not elevated above the surface of the ground in any manner.

Pawnbroker means any person who loans money on the security of personal property pledged in his keeping.

Pet shop means an establishment which sells domesticated animals to be kept for pleasure rather than for utility. Pet shops are completely enclosed operations which utilize outside storage of animals only pursuant to further approval under the provisions pertaining to animal boarding; outside facility contained herein.

Planned unit development (PUD) means a land area under unified control that is designed and planned as a whole with either one (1) or a series of development phases according to a concept plan for development. See article XII of this chapter.

Planning Board means the Planning Board is that body created by City Council in chapter 2, article IX of this Code, pursuant to G.S. 160D-301 to act as a planning agency for the City Council on planning and zoning matters within the City of Washington and the City of Washington's planning and zoning extraterritorial jurisdiction.

Plat means a map representing a tract of land, showing the boundaries and location or individual properties and streets which is signed and dated by a Professional Land Surveyor or Professional Engineer.

Plot plan means a plat of a lot, drawn to scale, showing the actual measurements, the size and location of any existing structures or structures to be erected, the location of the lot in relation to abutting streets, and other such information, and is required for one- and two-family residential development.

Porch means an attached, open, roofed entrance to a building, including necessary supports. May be enclosed with screening. Walls or guide rails shall not exceed thirty-six (36) inches in height.

Principal use means the primary purpose for which a building structure or lot is designed, arranged or intended and for which it is or may be used under these regulations.

Private club means a for-profit establishment that:

(a)

Is organized and operated solely for social and recreational purposes; and

(b)

Which may include the sale of alcoholic beverages; and

(c)

That is not open to the general public, but open only to the members of the organization and their bona fide guests.

Private event center (indoor) means an establishment offered for rent to individuals or groups to hold private functions such as banquets, weddings, anniversaries, receptions, and other similar celebrations. These establishments may include:

(a)

Meeting facilities.

(b)

On-site kitchen or catering facilities (optional).

(c)

Sale of alcoholic beverages for on-premises consumption (only during scheduled events and with a proper permit, not open to the general public).

(d)

Shall not operate as a music venue or a private club.

This definition does not include city owned buildings and grounds or the Turnage Theater.

Private event space (outdoor) means a designated outdoor area offered for rent by individuals or groups to host private functions such as banquets, weddings, anniversaries, receptions, or other similar celebrations. These areas may include:

(a)

Designated event areas like gardens, patios, or open fields.

(b)

Temporary structures like tents, stages, or platforms (subject to required permits).

(c)

On-site catering facilities.

(d)

Sale of alcoholic beverages for on-premises consumption (only during scheduled events and with a proper permit, not open to the general public).

(e)

Shall not operate as a music venue or a private club.

This definition does not include city owned buildings and grounds or the Turnage Theater.

Property lines mean a line dividing one (1) lot from another or from a street or any public place.

Public utility building or use means any aboveground building or use necessary for the delivery of electric, water, sanitary sewer, storm drainage, gas, telephone, cable TV or other utility service system which meets any one (1) of the following conditions:

(a)

Utility structures in excess of one hundred (100) total square feet;

(b)

Utilizes any structure in excess of fifteen (15) feet in height;

(c)

Requires any on-site permanent maintenance or service attendant;

(d)

Requires or utilities three (3) or more parking spaces; or

(e)

Creates noise, smoke, dust, odor, glare or any other condition which may have an adverse impact on area properties or uses.

Quasi-judicial decision means a decision involving the finding of facts regarding a specific application of a development regulation and that requires the exercise of discretion when applying the standards of the regulation. The term includes, but is not limited to, decisions involving variances, special use permits, certificates of appropriateness, and appeals of administrative determinations.

Recreation area means land dedicated for recreational use including but not limited to organized sports activities, walking/jogging routes, basketball courts, playgrounds, play equipment, swimming pools, splashpads and trails.

Recreational vehicle ortravel trailer (camper) means any vehicle smaller than eight (8) feet in width and thirty-two (32) feet in length equipped with some or all facilities normally found in a dwelling unit and designed to serve temporarily as a substitute dwelling for short periods of time.

Recycling collection point means an incidental use that serves as a drop-off point for temporary storage of recoverable resources. No processing of such items shall be allowed.

Repair, major. The following activities shall be considered major repair:

(a)

Engine overhaul or dismantling of subparts;

(b)

Body or frame repair;

(c)

Windshield or glass replacement;

(d)

Transmission or other subpart rework service;

(e)

Welding or metal cutting; and

(f)

Any other repair other than minor repair.

Repair, minor. The following activities shall be considered minor repair:

(a)

Engine tuneups; change of plugs, filters, oil, lubricants, belts, adjustments;

(b)

Change and rotate tires;

(c)

Brake services;

(d)

Electrical system services;

(e)

Radiator services;

(f)

Muffler services;

(g)

Battery service; and

(h)

Starter, alternator repair.

Residential use means the use of land and buildings for domestic occupancy within dwelling units, including single-family, two-family attached, multifamily, boardinghouse, roominghouse, family care home and land-use intensity (rating 50) development, by the persons authorized to occupy such units. Uses not listed in this definition shall be considered as nonresidential uses for purposes of article V of this chapter, pertaining to standards and criteria for special uses."

Restaurant, conventional, means an establishment open to the general public which should have the following characteristics:

(a)

Does not require a membership, cover, or minimum charge for admittance or service during regular or special periods of operation;

(b)

Has sales of prepared and/or packaged foods, in a ready-to-consume state, in excess of 50 percent of the total gross receipts for such establishment during any month;

(c)

May or may not offer food via over-the-counter service;

(d)

May offer food in disposable containers;

(e)

Does provide sit-down dining area;

(f)

Does provide food attendant (waiter/waitress), table ordering and busboy services;

(g)

May offer carryout and/or delivery services;

(h)

Does not offer drive-through or drive-in services; and

(i)

Pursuant to subsections (1) and (2) of this definition, may have as ancillary or accessory uses a full-service bar, live or recorded amplified music, floorshow and dancing area which are open to the restaurant patrons and the general public and are limited to the hours of operation of the principal use restaurant.

Restaurant, fast food, means an establishment open to the general public which:

(a)

Does not require a membership, cover, or minimum charge for admittance or service during regular or special periods of operation;

(b)

Has sales of prepared and/or packaged foods, in a ready-to-consume state, in excess of 50 percent of the total gross receipts for such establishment during any month;

(c)

Offers food via over-the-counter service;

(d)

May offer food in disposable containers;

(e)

May provide sit-down dining area;

(f)

May provide food attendant (waiter/waitress) table ordering and busboy services;

(g)

May offer drive-through, drive-in, carryout and/or delivery service; and

(h)

Does not include the following:

(1)

Ancillary or accessory food service for a permitted principal use where such food service is open to the general public, such as, an employee and/or patron cafeteria or eating area;

(2)

Temporary food service as part of permitted temporary uses such as carnivals, fairs, street fairs, circuses, athletic events, community events, converts, nonprofit fundraising events, emergency shelters, and the like; or

(3)

Any establishment where the preparation of food is merely incidental to the sale of food such as a grocery store or food market and the like.

Retail sales means establishments engaged in selling merchandise for personal or household consumption, and rendering services incidental to the sale of goods. Retail sales establishments are classified by kind of business according to the principal lines of commodities sold (apparel), or the usual trade designation (shoe store). Characteristics of retail trade is engaged in activities to attract the general public to buy; the establishment buys or receives merchandise as well as sells; the establishment may process its products but such processing is incidental or subordinate to selling; the establishment is considered as retail in the trade; and the establishment sells to customers for personal or household use.

Retirement center means a facility which provides housing, meals, recreational and educational activities, and medical care for retired people. This term shall include the following uses within the retirement facility: dwelling units, in accordance with district standards, nursing facilities or infirmaries, food preparation and service for the occupants, administrative offices, recreational facilities, and assembly halls.

Right-of-way means an area of land not on a lot that is dedicated for public or private use to accommodate a transportation system and necessary public utility infrastructure (including but not limited to water lines, sewer lines, power lines, and gas lines.)

Room renting means the renting of rooms in an owner-occupied dwelling to not more than four (4) persons. See Family.

Satellite dish means an apparatus capable of receiving communications from a transmitter relay located in planetary orbit.

Sauna means a steam bath or heated bathing room used for the purpose of bathing, relaxation, or reducing utilizing steam or hot air as a cleaning, relaxing, or reducing agent.

School means a use of land or buildings for academic instruction authorized and administered by the Beaufort County School System or other comparable private schools.

Section means, as used herein, shall refer to those sections found within this chapter 40, pertaining to zoning, for the City of Washington, North Carolina, unless otherwise referenced.

Setback lines means the lines which parallel the property lines of a lot at a specific distance prescribed by the city, which delineate the area of a lot upon which a building may be constructed or expanded.

Shelter, emergency, means an accessory structure or portion of a primary structure that provides protection to human life during periods of danger, including nuclear fallout, air raids, natural hazards, or other emergencies.

Shelter for homeless or abused means an establishment operated by a governmental or nonprofit organization intended to be used solely for temporary occupancy by homeless or abused persons.

Shelters for homeless women and children and victims of domestic violence. An establishment operated by a governmental or non-profit organization intended to be used solely for temporary occupancy by homeless women and children or occupancy by victims of domestic violence or abuse.

Sign terms and definitions. See article XVI of this chapter.

Site plan means a scaled drawing and supporting text showing the relationship between lot lines and the existing or proposed uses, buildings, or structures on the lot. The site plan may include site-specific details such as building areas, building height and floor area, setbacks from lot lines and street rights-of-way, intensities, densities, utility lines and locations, parking, access points, roads, and stormwater control facilities that are depicted to show compliance with all legally required development regulations that are applicable to the project and the site plan review. Such plan is sealed and dated by a professional engineer. Site plans shall include the information and sufficient detail required to be considered a site-specific vesting plan for vesting purposes.

Site-specific vesting plan means a plan submitted to a local government in which the applicant requests vesting pursuant to G.S. 160D-108.1, describing with reasonable certainty on the plan, the type and intensity of use for a specific parcel or parcels of property. The City of Washington has designated the following approvals, site-specific vesting plans: Special Use Permit, Conditional District, Planned Unit Development, Subdivision Plat, a Site Plan or Master Plan (if multi-phased).

Sleeping unit means a room or space in which people sleep, which can also include permanent provisions for living, eating, and either sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.

Special use means a use of land, buildings, or structures that requires special and individual control over number, area, location, design, methods of operation, and relationship to surrounding uses in order to promote the public health, safety, and general welfare.

Special use permit means a permit issued to authorize development or land uses in a particular zoning district upon presentation of competent, material, and substantial evidence establishing compliance with one (1) or more general standards requiring that judgment and discretion be exercised as well as compliance with specific standards. This definition includes permits previously referred to as "conditional use permits" or "special exceptions."

Stable means a building or structure designed or used for maintaining livestock or horses or for the storage of manure or soil fertilizer.

Stoop means an exterior floor typically, but not necessarily, constructed of concrete and/or masonry, with a finished floor elevation at least six (6) inches higher than the adjacent ground level, and utilized primarily as an access platform to a building. The term shall encompass the structure located between the building face and the furthest extent of material or safety railing extending towards the right-of-way.

Story means that portion of a building between the upper surface of a floor and upper surface of the floor or roof next above. Attic space which is arranged, built, finished or intended for business occupancy or habitation shall be considered as a floor for purposes of this definition. Where no floors exist (e.g., water towers, observation towers, grandstands, stadiums, belfries) each twelve (12) feet of height shall constitute one (1) story.

Street means any area delineated by dedicated rights-of-way or common property easements upon which improvements have been made for use by and open to the public.

Street line means the right-of-way boundary of a street.

Streets, private, means streets that have been designated by easement and as such constitute public vehicular areas as provided and regulated by law. Such streets shall be maintained by the property owner or pursuant to recorded agreements.

Streets, public, means streets that have been designated by easement and as such constitute public vehicular areas as provided and regulated by law. Such streets shall be maintained by the appropriate governmental body or pursuant to recorded agreements.

Structure means anything constructed or erected on the ground or attached to the ground including, but not limited to, the following: walls, fences, buildings, signs, swimming pools, gas or liquid storage tanks, towers and other similar items. For the purpose of flood zone management, the term "structure" shall mean a walled and roofed building that is principally above ground, as well as a mobile home.

Subdivision means the division of a parcel or tract of land in accordance with the subdivision regulations.

Subdivision regulations. See chapter 34 of the Washington City Code, pertaining to subdivisions.

Swimming pool means a water-filled enclosure, permanently constructed or portable, having a depth of more than eighteen (18) inches below the surrounding land, or an above-surface water-filled enclosure having a depth of more than thirty (30) inches, designed, used, and maintained for swimming and bathing.

Tap room/tasting room. An area that is necessary for a micro-brewery or micro-distillery where the public can purchase and/or consume only the beer or alcohol produced on site. Considered an accessory use to a brewery, micro-brewery, distillery, and micro-distillery.

Tattoo means the inserting of permanent markings or coloration, or the producing of scars, upon or under human skin through puncturing by use of a needle or any other method. For purposes of this ordinance this definition shall not include microblading and permanent make-up.

Tattoo parlor means any location where tattooing is engaged in or where the business of tattooing is conducted or any part thereof.

Temporary event means an activity which is infrequent in occurrence and limited in duration.

Thoroughfare, major means roadways with moderate speeds, access, and mobility, having at least one (1) lane in each direction, generally with a median. Intersections and exchanges at grade, and access and driveways vary. May also be referred to as boulevards. Refer to the Comprehensive Transportation Plan for mapping.

Thoroughfare, minor means roadways with moderate volume but low to medium speeds. Generally constructed with two (2) or three (3) lanes and no limited control of access or driveways. Refer to the Comprehensive Transportation Plan for mapping.

Tiny home means a single-family dwelling unit that is four hundred (400) square feet in area or less and complies with all requirements of the North Carolina Residential Code or may be constructed at an off-site location if it is inspected and certified under the North Carolina Modular Construction Program.

Townhouse-type development means the division of land containing attached units within one (1) or several structures and may include the reservation of common area and which may be restricted to internal access through the original lot, common area or shared easements.

Trucking terminal means a building or area used for the temporary parking of motor freight vehicles or trucks during loading and unloading and between trips, including office space and necessary warehouse space for storage of transitory freight.

Use means any purpose for which land, buildings, or structures are designed, arranged, intended, occupied or maintained; or any activity conducted, or intended to be conducted in a building, structure or on a tract of land.

Variance means an exception to a specific provision of these regulations granted by the Board of Adjustment.

Wellness center means a facility designed to promote health awareness and maintenance through a variety of programs and services tailored to a range of individual needs, including, but not limited to, physical fitness and nutrition education. The programs shall be coordinated by a physician consultant who shall oversee the content and conduct of each program.

Wholesale trade means establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. In addition to selling, wholesale establishments may maintain inventories of goods (warehouse), physically assemble, sort and grade goods, deliver goods and refrigerate goods.

Wine bars means an establishment primarily devoted to serving wine as the main beverage and in which the service of food is only incidental to the consumption of such beverages.

Yard means an open space on the same lot with a principal building unoccupied and unobstructed from the ground upward, except as otherwise provided herein.

Yard, front, means a yard across the full width of the lot extending from the front line of the principal building to the front property line.

Yard, rear, means a yard extending across the full width of the lot between the rear line of the principal building and the rear lot line.

Yard sale means a one (1) or two (2) day activity occurring at a residential dwelling no more than two (2) times in any given twelve-month period where items which the residents have no further use for are being resold to the general public. Yard sales do not include items which were originally obtained to be resold to the general public. Yard sales shall be considered an accessory use.

Yard, side, means an open, unoccupied space on the same lot with a principal building situated between the side line of the building and the adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard.

Zoning Map, Official, means the Official Zoning Map for the City of Washington.

(Code 1993, § 27-13; Ord. No. 98-14, 7-13-1998; Ord. No. 07-01, § 1, 1-8-2007; Ord. No. 11-12, § 1, 11-14-2011; Ord. No. 14-7, § 1, 10-6-2014; Ord. No. 17-1, § 1, 3-13-2017; Ord. No. 17-5, § 1, 12-11-2017; Ord. No. 19-3, § 1, 5-13-2019; Ord. No. 19-4, § 1, 5-13-2019; Ord. No. 20-3, § 1, 3-9-2020; Ord. No. 21-3, § 1(Att.), 6-14-2021; Ord. No. 24-1, §§ 1, 2, 5-13-2024)