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Wayne County Unincorporated
City Zoning Code

ARTICLE IV

- DEFINITION AND INTERPRETATION OF WORDS AND TERMS

Section 40. - Word and Term Interpretations.

The present tense includes the future tense, and the future tense includes the present tense.

A.

The singular number includes the plural number and the plural number includes the singular number.

B.

The word "may" is permissive, the word "shall" is mandatory.

C.

The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.

D.

The words "used" or "occupied" include the words "intended", designed or arranged to be used or occupied."

E.

The word "lot" includes the word "plot" or "parcel."

F.

The word "map" or "Zoning Map" shall mean the Official Zoning Map(s) of Wayne County, North Carolina.

G.

The word "building" includes the word "structure."

H.

The term "Board of Adjustment" shall mean the Zoning Board of Adjustment of Wayne County, North Carolina.

Section 41. - Word and Term Definitions.

Accessory Use or Structures: A use or a structure on the same lot with, but of a nature customarily incidental and subordinate to, the principal use of structure.

Airport:[3] Shall mean the Goldsboro Wayne Airport, Mount Olive Airport, or Seymour Johnson Air Force Base.

Airport Elevation:[4]The highest point of the airport's usable landing area measured in feet above sea mean level (AMSL).

(a)

Goldsboro-Wayne Airport - 134 feet AMSL.

(b)

Mount Olive Airport - 168 feet AMSL.

(c)

Seymour Johnson Air Force Base - 109 feet AMSL.

Airport Hazard: Any structure, tree or use of land which obstructs the airspace required for or is otherwise hazardous to the flight of aircraft in landing or taking off at the airport.

Airport Reference Point: The point established as the approximate geographic center of the airport landing area.

Alter: To make any structural changes in the supporting or load-bearing members of a building, such as walls, columns, beams, girders, or floor joists.

Approach-Departure Clearance Surface: An inclined plane located directly above the approach area of an airport, which extends outward from both ends of the runway.

Buildable Area: The portion of a lot remaining after required yards have been provided.

Building: Any structure or edifice having a roof supported by columns or walls and intended for shelter, housing or enclosure or persons, animals, or chattels.

Certificate of Occupancy: A statement, signed by the Zoning Enforcement Officer or his assistant, setting forth that the building, structure, or use of land complies with the Zoning Ordinance of Wayne County, North Carolina, and that the same may be used for the purpose stated therein.

Dwelling, Single Family: A detached residential dwelling unit, other than a mobile home, designed for and occupied by one family only.

Dwelling, Two Family: A detached residential building containing two dwelling units and designed for occupancy by not more than two families.

Dwelling, Multiple Family: A detached building used for or designed as a residence for more than two families living independently of each other.

Dwelling Unit: One room, or rooms connected together, constituting a separate independent housekeeping establishment with complete living facilities for one family.

Family: One or more persons occupying a premises and living as a single housekeeping unit but not including a group occupying a boarding house, club, fraternity house, or similar type dwelling.

Height:[5] For the purpose of determining the height limits in the airport height restrictive area, the datum shall be 1987 North American Datum.

Home Occupation: An occupation for gain or support customarily conducted on the premises by a person or family residing thereon.

Junk Yard: A place where junk, waste, discarded, or salvaged materials are bought, sold, exchanged, stored, baled, disassembled or handled including automobile wrecking yards, house wrecking, structural steel materials and equipment, but not including the purchase or storage of used furniture or used cars in operable condition.

Lot Line, Front: Any boundary line of a lot running along a street right of way line.

Lot: A parcel of land under a single ownership occupied or capable of being occupied by a principle building together with its accessory buildings, including the open space required under the terms of this ordinance.

Lot Depth: The depth of a lot is the distance in the mean direction of the side lot line from midpoint of the front lot line to the midpoint of the rear lot line.

Lot of Record: A lot which is a part of a subdivision, a plat which has been recorded in the office of the Register of Deeds of Wayne County, or a lot which has been recorded and described by metes and bounds.

Lot Width: The distance between side lot lines measured at the building line.

Mobile Home: Any vehicle or similar portable structure mounted, or designed to be mounted, on wheels for transportation after fabrication to a site where it is to be occupied as a dwelling unit. Such unit shall be considered a mobile home whether or not the wheels have been removed, and whether or not it has been set on jacks, skirtings, or other supports. A "travel trailer" or "camper" shall not be considered a mobile home.

Mobile Home, Class A:[6] A new mobile home certified as meeting construction standards developed by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies each of the following additional criteria:

(a)

The home has a length not exceeding three times it [its] width.

(b)

The pitch of the home's roof has a minimum vertical rise of one foot for each three feet of horizontal run, and the run is finished with a type of shingle that is commonly used in standard residential construction.

(c)

The exterior siding consists of wood, hardboard, or aluminum (vinyl covered or painted) or comparable in composition appearance, and durability to the exterior siding commonly used in standard residential construction.

(d)

The tongues, axles, transporting lights, and removable towing apparatus are removed after placement on the lot and before occupancy.

Mobile Home, Class B:[7] A mobile home that meets all of the criteria of a Class A mobile home except the length/width ratio.

Mobile Home Park: Any plot of ground upon which two or more mobile homes, occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is made for such accommodations.

Nonconforming Use: A use of a building or land that does not conform with the regulations of the district in which such building or land is situated.

Obstruction:[8] Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in this ordinance.

Obstruction to Air Navigation: Natural objects or man-made structures that penetrate the surfaces originating at the airfield or any man-made objects that extend more than 500 feet above the ground at the site of the object.

Planned Unit Development: The planned residential development of mixed structures such as apartments, townhouses, rowhouses, and cluster subdivision, usually incorporating privately owned, open common areas.

Public Sewer System: Any sewage disposal system, whether operated publicly or privately, other than a pit privy or a septic tank located on the lot.

Public Water System: A system operated publicly or privately whereby the water source is not located on the lot of the consumers and the number of connections must be at least ten (10).

Setback Line: The line on the front, rear, and sides of a lot which delineates the area within which a structure may be built and maintained, according to the district regulations.

Shopping Center: Two or more commercial establishments planned and constructed as a single unit with off-street parking and loading facilities provided on the property and related in location, size and type of shops to the trade area which the unit serves.

Sign: Any device designed to inform or attract the attention of persons not on the premises on which the sign is located.

Sign, Advertising: Any sign, including a standard poster panel either freestanding of [or] attached to a structure, which directs attention to a business commodity, service, entertainment, or other activity conducted, sold, or offered at another place other than on the property on which the sign is located.

Sign, Business Identification: A sign which directs attention to a business commodity, service, entertainment, or other activity conducted, sold, or offered on the premises upon which the sign is located.

Special Use: A use that would not be generally appropriate without restriction throughout the zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the health, safety, morals general welfare, order, comfort, convenience, appearance, or prosperity. Such uses may be permitted in such zoning district as Special Uses if specific provision for such is made in this zoning ordinance.

Street: A dedicated and accepted public right-of-way which affords the principal means of access to abutting properties for vehicular traffic.

Variance: A modification of the terms of the zoning ordinance where such will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. A variance may be granted only for dimensional changes in height, area, and size of yards and open spaces. The establishment or expansion of a use otherwise prohibited shall not be allowed by a variance.

Yard: A required open space unoccupied and unobstructed by any principal structure or portion of a structure from ground to sky.

Yard, Front: A yard extending between side lot lines across the front of a lot between the front line of the building and the front line of the lot.

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

Yard, Side: A yard extending from the rear line of the required front yard to the rear lot line.

Zoning Certificate: A certificate issued by the Zoning Enforcement Officer when a proposal to use or occupy a lot or structure, or to erect install, or alter a structure, building sign or lot, fully meets the requirements of this ordinance.

(Ord. of 5-20-2024)

Footnotes:
--- (3) ---

Adopted June 3, 2008.


--- (4) ---

Adopted June 3, 2008.


--- (5) ---

Adopted June 3, 2008.


--- (6) ---

Adopted August 8, 1995.


--- (7) ---

Adopted August 8, 2005.


--- (8) ---

Adopted June 3, 2008.