For the purpose of interpreting this Ordinance, certain words, concepts, and ideas are defined herein. Except as defined herein, all other words used in this Ordinance shall have their everyday meaning as determined by their dictionary definition.

A.

Words used in the present tense include the future tense.

B.

Words used in the singular number include the plural, and words used in the plural number include the singular.

C.

Any word denoting gender includes the female and the male.

D.

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

E.

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

F.

The word "shall" is always mandatory and not merely directory.

G.

The word "structure" shall include the word "building."

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. See Building, Accessory.

Accessory Facility or Structure means an accessory facility or structure serving or being used in conjunction with Wireless Telecommunications Facilities, including but not limited to, utility or transmission equipment storage sheds or cabinets.

Administrator means the person, officer, or official and his authorized representative, whom the Town Board has designated as their agent for the administration of these regulations. S/he may provide the enforcement of this Ordinance by means of the withholding of building permits and occupancy permits and by instituting injunction, mandamus, or other appropriate action or such violation, or to prevent the occupancy of the building, structure, or land.

Adult Establishment means any establishment having a substantial portion of materials or entertainment characterized by an emphasis on sexual activities, anatomical genital areas, or the female breast as defined in NC General Statute, Section 14.210.10 (or any successor thereto).

Aggregate Signage means the total surface area of all signs located on a particular tract not counting incidental signs. For double-sided signs the area of one side only will count toward calculating the total.

Agriculture. These establishments grow crops, raise animals, harvest timber, and harvest fish and other animals from a farm, ranch, or their natural habitats. They may be described as farms, ranches, dairies, greenhouses, nurseries, orchards, or hatcheries. A farm, as an establishment, may be one or more tracts of land, which may be owned, leased, or rented by the farm operator. Farms may hire employees for a variety of tasks in the production process. Subcategories in this dimension differentiate establishments involved in production versus those that support agricultural production. For agricultural research establishments administering programs for regulating and conserving land, mineral, wildlife, and forest use, apply the relevant institutional or research and development categories. (LBCS F9000 and S8000)

Agritourism means any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, ranching, historic, cultural, harvest-your-own activities, or natural activities and attractions.

Airport means establishments that provide air transportation for passengers or cargo using aircraft, such as airplanes and helicopters. This subcategory includes scenic and sightseeing air transportation establishments, which may involve local departure and same-day return. (LBCS F4110, S3920 and S5600)

Alcoholic Beverage Sales Store means the retail sales of beer, wine, and/or other alcoholic beverages for off-premise consumption as a primary use. (LBCS F2155)

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

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

Amortization means the process by which nonconforming uses and structures shall be discontinued or made to conform to requirements of the ordinance at the end of a specified period of time.

Amusements, Indoor means establishments that provide facilitated (through on-site staffing) commercial recreation activities completely within an enclosed structure such as video arcades, skating rinks, roller rinks, bowling alleys, and billiard/pool halls.

Amusements, Outdoor means establishments that provide commercial recreation activities primarily outdoors such as miniature golf establishments; go-cart facility; theme parks, carnivals, fairgrounds, and midways; paintball parks; and water rides. (LBCS F5310 and S4440)

Animal Services means establishments that include services by licensed practitioners of veterinary medicine, dentistry, or surgery for animals; boarding services for pets; and grooming. (LBCS F2418 and F2720)

Animal Services—Boarding as Primary means establishments that provide pet boarding services as their primary service.

Animal Unit means a unit of measurement developed by the U.S. Environmental Protection Agency that is used to compare different types of animal operations.

Antenna means a system of electrical conductors that transmit or receive electromagnetic waves or radio frequency signals. Such waves shall include, but not be limited to radio, television, cellular, paging, personal Telecommunications services (PCS), and microwave Telecommunications.

Apartment Building means a multiple-unit building with dwelling units arranged either vertically or horizontally. Units may be for rent or sale.

Arcades means a series of arches, either supported by columns, piers, or pillars, either freestanding or attached to a wall to form a gallery or for decorative purposes.

Arterial and Collector Street Plan means a plan adopted by the Board of Commissioners for the development of existing and proposed major streets that will adequately serve the future travel needs of an area in an efficient and cost-effective manner.

Assembly/Meeting Facilities means meeting/conference facilities that include room(s) or space(s) used for assembly purposes by 50 or more persons including fraternal halls (VFW lodges, etc.) and banquet facilities. (LBCS S3800)

Auto Parts Sales means establishments selling new, used, or rebuilt automotive parts and accessories. Examples include auto supply stores, automobile parts dealers, automotive audio equipment stores, tire dealers, parts & accessories dealers, and used automotive parts and tire dealers. (LBCS F2115)

Automated Teller Machines (ATM) means computerized, self-service machines used by banking customers for financial institutions, including deposits, withdrawals and fund transfers, without face-to-face contact with financial institution personnel. These machines may be located at or within banks, or in other locations.

Banks, Credit Unions, Financial Services means establishments that engage in financial transactions that create, liquidate, or change ownership of financial services. Banks, credit unions, and savings institutions may perform central banking functions, accept deposits, and lend funds from these deposits. In addition to banks and credit unions, financial services institutions may include: credit agencies, trust companies, holding companies, savings and loan institutions, check cashing services, securities/commodity contract brokers and dealers, security and commodity exchanges, vehicle finance (equity) leasing agencies, and investment companies. (LBCS F2200, F2210 and F2230)

Banner means a sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges. National flags, state or municipal flags or the official flag of an institution or business shall not be considered banners.

Bar/Tavern/Nightclub means a business where alcoholic beverages are sold for on-site consumption, which are not part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May also include beer brewing as part of a microbrewery and other beverage tasting facilities. Entertainment including live music, and/or dancing, comedy, etc. may also be included.

Bay Window means a window assembly whose maximum horizontal projection is not more than two feet from the plane of an exterior wall and is elevated above the floor level of the home.

Bed and Breakfast Inn means establishments primarily engaged in providing short-term lodging in facilities known as bed-and-breakfast inns. These establishments provide short-term lodging in private homes or small buildings converted for this purpose. Bed-and-breakfast inns are characterized by a highly personalized service and inclusion of a full breakfast in a room rate. (LBCS F1310)

Bedroom means a room designated as a sleeping room or bedroom on the building plans.

Berm means a mound of material, the purpose of which is to divert the flow of runoff water and/or to act as a visual and sound buffer to nearby properties.

Best Management Practices (BMP) means a structural or nonstructural management based practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water quality protection goals.

Billiard/Pool Hall generally means any place where more than two billiard or pool tables are operated or maintained, except for private family use, whether such place is a social club or a business enterprise operated for profit.

BMP, Structural means a physical device designed to trap, settle out, or filter pollutants from stormwater runoff; to alter or reduce stormwater runoff velocity, amount, timing, or other characteristics; to approximate the pre-development hydrology on a developed site; or to achieve any combination of these goals. Structural BMP includes physical practices such as constructed wetlands, vegetative practices, filter strips, grassed swales, and other methods installed or created on real property. "Structural BMP" is synonymous with "structural practice", "stormwater control facility," "stormwater control practice," "stormwater treatment practice," "stormwater management practice," "stormwater control measures," "structural stormwater treatment systems," and similar terms used in this ordinance.

Bioretention means a water quality practice that utilizes landscaping and soils to treat stormwater runoff by collecting it in shallow depressions and filtering it through a planting soil media.

Board of Commissioners means Board of Commissioners of the Town of Wendell, North Carolina.

Bona Fide Farm. Except as provided in G.S. 106-743.4 for farms that are subject to a conservation agreement under G.S. 106-743.2, bona fide farm purposes 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. Activities incident to the farm include existing or new residences constructed to the applicable residential building code situated on the farm occupied by the owner, lessee, or operator of the farm and other buildings or structures sheltering or supporting the farm use and operation. For purposes of this ordinance, "when performed on the farm" in G.S. 106-581.1(6) shall include the farm within the jurisdiction of the county and any other farm owned or leased to or from others by the bona fide farm operator, no matter where located. For purposes of this ordinance, the production of a nonfarm product that the Department of Agriculture and Consumer Services recognizes as a 'Goodness Grows in North Carolina' product that is produced on a farm subject to a conservation agreement under G.S. 106-743.2 is a bona fide farm purpose. For purposes of determining whether a property is being used for bona fide farm purposes, any of the following shall constitute sufficient evidence that the property is being used for bona fide farm purposes:

(a)

A farm sales tax exemption certificate issued by the Department of Revenue.

(b)

A copy of the property tax listing showing that the property is eligible for participation in the present use value program pursuant to G.S. 105-277.3.

(c)

A copy of the farm owner's or operator's Schedule F from the owner's or operator's most recent federal income tax return.

(d)

A forest management plan.

See Sections 1.5B for exemptions relevant to bona fide farms.

Brownfields means vacant or underused industrial or commercial properties where contamination, or at least the threat of contamination, has hindered development.

Buffer means an area of natural or planted vegetation through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. The buffer is measured landward from the normal pool elevation of impounded structures and from the bank of each side of streams or rivers.

Buffer Yard means a landscaped area intended to give spatial separation between incompatible land uses.

Buildable Area means the portion of a lot remaining after required yard setbacks has been provided.

Building means any structure having a roof supported by columns or by walls, and intended for shelter, housing, or enclosure of persons, animals, or property. The connection of two buildings by means of an open porch, breezeway, passageway, carport, or other such open structure, with or without a roof, shall not be deemed to make them one building.

Building Height means the vertical distance measured from the average elevation of the finished grade to the topmost section of the roof.

Building Permit means a permit issued by the Administrator 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 chapter. This permit must be obtained before any work is initiated on the proposed use.

Building, accessory means a building subordinate to the main building on a lot and used for purposes customarily incidental to the main or principal building and located on the same lot therewith.

Building, principal means a building in which is conducted the main or principal use of the lot on which said building is situated.

Built-Upon Area means that portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots, and paths; and recreation facilities such as tennis courts. "Built-Upon Area" does not include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious paving material to the extent that the paving material absorbs water or allows water to infiltrate through the paving material.

Business Support Services. These establishments provide any of the following: document preparation, telephone answering, telemarketing, mailing (except direct mail advertising), court reporting, and steno typing. They may operate copy centers, which provide photocopying, duplicating, blueprinting, or other copying services besides printing. They may provide a range of support activities, including mailing services, document copying, facsimiles, word processing, on-site computer rental, and office product sales. (LBCS 2424)

Caliper means a standard trunk diameter measurement for nursery grown trees taken six inches above the ground for up to and including four-inch Caliper size, and 12 inches above the ground for larger sizes.

Campground means establishments accommodating campers and their equipment, including tents, tent trailers, travel trailers, and recreational vehicles. Facilities and services such as cabins, washrooms, food services, recreational facilities and equipment, and organized recreational activities.

Canopy Tree means a species of tree, which normally grows to a mature height of 40 feet or more with a minimum mature crown width of 30 feet.

Cemetery means a parcel of land used for internment of the dead in the ground or in mausoleums. (LBCS S4700)

Centerline Radius. This is the imaginary line segment or bend from the centerline of one road to where another intersects. The centerline radius may be increased or decreased based on a number of factors including, but not limited to, terrain, speed limit and the size of vehicles the road is designed to accommodate.

Certificate of Occupancy means a certificate issued by the Administrator or his designated representative certifying that all structures, their land uses, and land restrictions conform to all the requirements of the Wendell Unified Development Ordinance. This certificate is issued prior to occupying any structure or use for which a zoning permit is issued.

Child/Adult Day Care Center means an individual, agency, or organization providing supervision or care on a regular basis for children or adults who are not related by blood or marriage to, and who are not the legal wards or foster children of, the supervising adults; and who are not residents in the center; designed and approved to accommodate more than eight children or adults at a time based on State regulations; not an accessory to residential use.

Child/Adult Day Care Home means supervision or care provided on a regular basis as an accessory use within a principal residential dwelling unit, by a resident of the dwelling, for no more than eight children (no more than five of which may be of pre-school age). For additional information and standards, refer to section 3.3I.

Civic Building means a building that serves as a landmark and public gathering place and is a permanent addition to the long-term vibrancy of the town.

Collector Street/Road. Collectors are designed to provide a greater balance between mobility and land access within residential, commercial, and industrial areas. The makeup of a collector facility is largely dependent upon the density, size, and type of abutting developments. Emphasizing balance between mobility and access, a collector facility is designed to better accommodate bicycle and pedestrian activity while still serving the needs of the motoring public.

Colleges/Universities comprise junior colleges, colleges, universities, and professional schools. These establishments furnish academic or technical courses and grant degrees, certificates, or diplomas at the associate, baccalaureate, or graduate levels. (LBCS F6130)

Co-location means the use of the same Telecommunications Tower or structure to carry two or more Antennae for the provision of wireless services by two or more persons or entities.

Commercial Building means a building that encompasses a commercial business.

Commercial Vehicle, Oversized. Oversized commercial vehicles shall include any vehicle (except pick-up trucks) or trailer that bears a commercial license plate; and,

1.

Has more than two axles or four tires; or

2.

Is designed to carry more than 15 passengers, including the driver; or

3.

Weighs more than 10,000 pounds with or without load; or

4.

Requires hazardous materials placards; or

5.

Is more than nine feet in height; or

6.

Is more than 22 feet in length

This definition includes, but is not limited to semi-trailers, tow trucks, buses, limousines, tractors, construction equipment, delivery vans, or similar vehicles.

Commissary Kitchen means a licensed commercial kitchen where food trucks and other food services may prepare and store food.

Community Service Organization means a public or quasi-public establishment providing social and/or rehabilitation services, serving persons with social or personal problems requiring special services, the handicapped, and the otherwise disadvantaged such as counseling centers, welfare offices, job counseling and training centers, vocational rehabilitation agencies, and community improvement and neighborhood redevelopment, but does not include any services providing on-site residential or accommodation services. (LBCS F6560)

Concentrated flow means drainage concentrated in ditches or pipes, as opposed to spread out.

Condominium means real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions.

Continuing Care Retirement Community (CCRC) means a retirement community with accommodation for independent living, assisted living, and/or nursing/health center care and offering a continuum of care.

CORPUD means City of Raleigh Public Utilities Department.

Critical Root Zone (CRZ) means a circular region measured outward from a tree trunk representing the essential area of the roots that must be maintained in order for the tree's survival. The critical root zone is one foot of radial distance for every inch of tree DBH, with a minimum of 8 feet.

Cul-De-Sac. See Street, cul-de-sac.

Cultural or Community Facility means facilities designed to promote cultural advancement and serve the community such as live theater, dance, or music establishments; art galleries, museums; non-profit civic or fraternal organizations; museums, exhibition, or similar facility; libraries; and community centers, such as the YMCA and YWCA. (LBCS S3800, S4400, F5110, F5210, and FS6830)

Curb Cut means a lowered or cut-away curb for purposes of ingress or egress to property abutting a public street.

Cutoff Fixture means a fixture light distribution where no more than 2.5 percent of a lamp's light intensity is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than ten percent of the lamp's light intensity is emitted at an angle ten degrees below that horizontal plane, at all lateral angles around the fixture.

DBH. Diameter-at-breast-height is the tree trunk diameter measured in inches at a height of 4.5 feet above the ground.

Deciduous means those plants that annually lose their leaves.

Dedication means a gift, by the owner, of a right to use land for a specified purpose or purposes. Because a transfer of property rights is entailed, dedication must be made by a written instrument, and is completed with an acceptance.

Design Manual means the stormwater design manual approved for use in Phase II jurisdictions by The North Carolina Department of Environment and Natural Resources (NCDENR) developed by the Town of Wendell and certified by this jurisdiction and approved by The Division of Water Quality of NCDENR as at least as stringent as the stormwater design manual approved for use in Phase II jurisdictions by NCDENR for the proper implementation of the requirements of the federal Phase II stormwater program. All references herein to the Design Manual are to the latest published edition or revision.

Development means any land disturbing activity which adds to or changes the amount of impervious or partially pervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil, other than rebuilding activity that does not qualify as redevelopment.

Direct Light means light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminaire.

Directional Fixture means an assembly that holds the lamp along with any globe, shade, or other covering surrounding the lamp that may be adjusted to concentrate or throw light in a specific direction.

Discharging Landfill means a facility with liners, monitoring equipment and other measures to detect and/or prevent leachate from entering the environment and in which the leachate is treated on-site and discharged to a receiving stream.

Drainageway means any natural or manmade channel or drainage structure that carries surface runoff from precipitation.

Drip Line means a vertical line extending from the outermost edge of the tree canopy or shrub branch to the ground.

Drive Thru Service means a facility where services may be obtained by motorists without leaving their vehicles. These facilities include drive-through bank teller windows, dry cleaners, etc. Does not include: Automated Teller Machines (ATMs), gas stations or other vehicle services, which are separately defined.

Drive-Thru Retail/Restaurants means a facility where food and other products may be purchased by motorists without leaving their vehicles. Examples include: fast-food restaurants, drive-through coffee, dairy product, photo stores, pharmacies, etc.

Drive-thru Window means a window or other fenestration or other device for the delivery of goods or products from a principal or accessory structure to a vehicle or pedestrian and through which compensation for such may be exchanged, including the making of change, and the order for such goods is made from a remote on-site station rather than at a window or other fenestration of other device. (This definition includes the term "drive-in window.")

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.

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. For the purposes of Article 12 of Chapter 160D of the General Statutes, the term does not include any manufactured home, mobile home, or recreational vehicle, if used solely for a seasonal vacation purpose.

Dwelling—Duplex means a two-unit building that is divided horizontally or vertically, and each unit has a separate entrance from the outside or through a common vestibule. Buildings are typically under one ownership. (LBCS F 1100 and S1121)

Dwelling—Multifamily means a dwelling unit that is part of a structure containing more than one unit. Each unit has a separate entrance from the outside or through a common vestibule. Multi-family dwellings may include triplexes, or fourplexes (buildings under one ownership with two to four dwelling units in the same structure), as well as townhouses (a type of structure that has at least three or more separate dwelling units divided vertically, and each unit has separate entrances to a front and rear yard), and apartments. (LBCS S1121 and S1140)

Dwelling—Secondary means a dwelling unit either detached or attached, such as a garage apartment or cottage, designed for occupancy by one or two persons, not exceeding 750 square feet of gross floor space and located on a lot with an existing single-family dwelling. Said units shall not exceed one per lot.

Dwelling—Single Family means a free standing building designed for and/or occupied by one household. These residences may be individually owned as residences or residences owned by rental or management companies. Also includes factory-built, modular housing units that comply with NC State Building Code. (LBCS F1100 and S1100)

Dwelling Unit means a building, or portion thereof providing complete living quarters for one or more persons.

Easement means a grant by the property owner for use by the public, a corporation, or person(s) of a strip of land for specified purpose.

Easement, access means an easement which grants the right to cross property.

Easement, conservation means a restriction placed on a piece of property to protect the resources (natural or man-made) associated with the parcel. The easement is either voluntarily sold or donated by the landowner, and constitutes a legally binding agreement that prohibits certain types of development (residential or commercial) from taking place on the land.

Easement, drainage means an easement which recognizes and documents the presence of a drainageway, guarantees the passage of stormwater runoff, and may grant the right to maintain, relocate, or in such other manner utilize the easement for the improvement of drainage and stormwater flow.

Easement, utility means an easement which grants to the Town of Wendell or other utility providers the right to install and thereafter maintain any and all utilities including, but not limited to, water lines, sewer lines, storm sewer lines, electrical power lines, telephone lines, natural gas lines, and community antenna television systems.

EIFS (Exterior insulation finishing systems) means a type of building product that provides exterior walls with an insulated finished surface and waterproofing in an integrated composite material system.

Engineering Drawings means plans, profiles, and associated documentation of all proposed street, drainage, water and sewer improvements, prepared in accordance with the Uniform Construction Standards Manual.

Equipment Rental means establishments renting or leasing heavy equipment without operators used for construction, mining, or forestry, such as bulldozers, earthmoving equipment, etc. or, agricultural equipment without operators. (LBCS F2334)

Erosion means the wearing away of land surface by the action of wind, water, gravity, or any combination thereof.

Event Venue, Outdoor means a permanent, predominantly outdoor facility, including any associated structures, for outdoor event venues, including but not limited to weddings, birthday celebrations, reunions, retreats, conferences, and festivals. Outdoor theater uses shall be addressed by the "theater, live performance, outdoor" use category.

Evergreen means those plants that retain foliage throughout the year.

Evergreen Screen means a plant growing to over 20 feet in height at maturity that retains foliage year round that is planted to provide a dense vegetative screen for purposes of visual mitigation between zoning districts.

Existing Development means those projects that are built or those projects that at a minimum have established a vested right under North Carolina zoning law as of the effective date of this ordinance based on at least one of the following criteria:

(a)

Substantial expenditures of resources (time, labor, money) based on a good faith reliance upon having received a valid local government approval to proceed with the project, or

(b)

Having an outstanding valid building permit as authorized by the General Statutes (G.S. 160D-108), or

(c)

Having expended substantial resources (time, labor, money) and having an approved site specific or phased development plan as authorized by the General Statutes (G.S. 160D-108)

Extraterritorial Jurisdiction (ETJ) means that land lying beyond the municipal limits of the Town of Wendell and within the extraterritorial jurisdiction boundary as delineated on the official zoning map of the Town of Wendell in accordance with G.S. 160D-202. The authority is granted to a locality to exercise zoning powers for a specified distance outside its boundaries. It is intended to protect activities on the edge of communities from being encroached on by incompatible adjacent activities.

Familial Relationship means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships.

Family means an individual, or two or more persons related by blood, marriage or adoption.

Family Care Home means a home with support and supervisory personnel that provides room and board, personal care and rehabilitation services in a family environment for not more than six resident handicapped persons and is certified by the State of North Carolina. (N.C.G.S. 168-21)

Farmers Markets, Outdoor means an outdoor multi-stall market at which farm producers sell agricultural products directly to the general public at a central location.

Fixture means the assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens.

Flag means any fabric, banner or bunting containing distinctive colors, patterns or symbols uses as a symbol of a government, political subdivision or other entity.

Flag Lot. See Lot, pipestem.

Flood Fringe means the land area located between the floodway and maximum elevation subject to inundation by the base flood.

Flood, base means the flood having a one percent chance of being equaled or exceeded in any given year.

Flood Lamp means a form of lighting designed to direct its output in a specific direction with a reflector formed from the glass envelope of the lamp itself. Such lamps are so designated by the manufacturers and are typically used in residential outdoor area lighting.

Flood or Spot Light means any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.

Floodplain means the relatively flat area or low land adjacent to the channel of a federally designated watercourse which has been or may be covered by floodwater during a base flood event.

Floodway means the channel of a federally designated watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Foot-candle (FC) means a unit of illuminance amounting to one lumen per square foot.

Foot-candle Grid means a graphical representation of points placed onto a grid or layout where each point identifies the amount of illuminance (light) in foot-candles or lux (one-tenth of a foot-candle). The spacing between points can vary depending on the size of the area to be lighted. For many typical outdoor layouts, a ten-foot by ten-foot spacing grid layout is used. Larger areas may utilize a 15-foot or 20-foot grid spacing. This type layout can also indicate luminance or reflected light instead of illuminance.

Free Standing Tower means a Tower that is not supported by guy wires and ground anchors or other means of attached or external support.

Frontage means all the property abutting on one side of a street between two intersecting streets measured along the street line. "Frontage along a public street" requires means of direct access by the public.

Frontage Road means a frontage road is a local street or road that is parallel to a full or partial access controlled facility and functions to provide access to adjacent land.

Fueling Station means pumps and associated storage tanks and/or mechanical equipment where fuels, oils for motor vehicles are dispensed, sold, or offered for sale.

Full Cutoff Fixture means a fixture for light distribution where no light intensity is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than ten percent of the lamp's light intensity is emitted at an angle ten degrees below that horizontal plane, at all lateral angles around the fixture.

Funeral Homes and Services means establishments for preparing the dead for burial or internment and conducting funerals (i.e., providing facilities for wakes, arranging transportation for the dead, and selling caskets and related merchandise). (LBCS F6700-6702)

Gas Station means establishment that primarily retails automotive fuels. These establishments may further provide services such as automotive repair, automotive oils, and/or replacement parts and accessories. Gas stations include structures that are specialized for selling gasoline with storage tanks, often underground or hidden. The sale of food and other items as well as car washes shall be incidental to the gas station. (LBCS F2116 and S2270)

General Retail—10,000 sf or less means a use category allowing premises to be available for the commercial sale of merchandise and prepared foods, but excluding manufacturing. Size is 10,000 square feet or less. (LBCS F2100)

General Retail—10,000 sf—50,000 sf means a use category allowing premises to be available for the commercial sale of merchandise and prepared foods, but excluding manufacturing. Ranging in size between 10,001 square feet and 50,000 square feet. (LBCS F2100)

General Retail—Greater than 50,000 sf means a use category allowing premises to be available for the commercial sale of merchandise and prepared foods, but excluding manufacturing. Greater than 50,000 square feet.

Glare means light emitting from a luminaire with intensity great enough to reduce a viewer's ability to see, and in extreme cases causing momentary blindness.

Government Services includes federal, state, and local government agencies that administer, oversee, and manage public programs and have executive, legislative, and judicial authority. (LBCS F6200)

Greenway means public open space featuring paths and trails of various kinds, based on natural corridors usually along rivers and streams and ridgelines as well as canals, abandoned railbeds or other public rights-of-ways, which are owned and maintained by the Town and have been designated on an officially adopted greenway or open space plan.

Ground Cover means a prostrate plant growing less than two feet in height at maturity that is grown for ornamental purposes. Ground covers are used as an alternative to grasses. On slopes, ground covers control erosion while eliminating the maintenance of mowing on hillsides. Many ground covers survive in poor soils, shade and other adverse conditions.

Group Care Facilities means a facility that provides resident services to more than six individuals of whom one or more are unrelated. These individuals are handicapped, aged, or disabled, [or] are undergoing rehabilitation, and are provided services to meet their needs. This category includes uses licensed or supervised by any federal, state, or county health/welfare agency, such as group dwellings (all ages), halfway houses, nursing homes, resident schools, resident facilities, and foster or boarding homes. (LBCS F6520)

Handicapped Person, as used in family care definition, 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 disturbances and orthopedic impairments but not including mentally ill persons who are dangerous to others as defined in G.S. 122C-3(11)(b).

Hazardous Material means any substance listed as such in: SARA section 302, Extremely Hazardous Substances, CERCLA Hazardous Substances, or Section 311 of CWA (oil and hazardous substances).

High-Density Project means any project that exceeds the low density threshold for dwelling units per acre and built-upon area.

Home Occupation means an occupation or profession conducted within a dwelling unit by a residing family member that is incidental to the primary use of the dwelling as a residence. Home Occupations are small and quiet non-retail businesses generally invisible from the frontage, seldom visited by clients, requiring little parking, little or no signage, and having only one or two employees and provide services such as professional services, music instruction, and hair styling. Home Occupations include Child Day Care Homes.

Hospital means a health care facility and related facilities the purpose of which is to provide for care, treatment, testing for physical, emotional, or mental injury, illness, or disability, and overnight boarding of patients, either on a for-profit or not-for-profit basis; but not including group homes. (LBCS F6530 and S4110)

Hotels/Motels/Inns means establishments providing lodging and short-term accommodations for travelers. They may offer a wide range of services including, overnight sleeping space, food services, convention hosting services, and/or laundry services. Entertainment and recreation activities may also be included. Extended-stay hotels are included in this category. (LBCS F1300 and F1330)

House means a dwelling for single-family occupancy or other limited uses.

Housing Services for the Elderly means establishments that offer a wide range of housing services for those who cannot care for themselves, such as the elderly residing or living in retirement housing, congregate living services, assisted living services, continuing care retirement centers, and skilled nursing services. (LBCS F1200)

IESNA means Illuminating Engineering Society of North America, a non-profit professional organization of lighting specialists that has established recommended design standards for various lighting applications.

Impervious Surface means improvements including street pavement, driveways, gravel areas, buildings, and other structures which cover the soil surface and prevent infiltration of water into the soil.

Incidental Sign means a sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "loading only," "telephone," and other similar directives.

Indirect Light means direct light that has been reflected or has scattered off of other surfaces.

Injunction means a court order that orders a party to do or refrain from doing a certain act (or acts) as opposed to a money judgment.

Institutional Building means a building that serves a specialized population within the community and serves as a landmark or public gathering place.

Internal Refractive Lens means a glass or plastic lens installed between the lamp and the sections of the outer fixture globe or enclosure. Refractive refers to the redirection (bending) of the light as it goes through the lens, softening and spreading the light being distributed from the light source thereby reducing direct glare.

Internet Cafe. See Sweepstakes Center.

Isolux Lighting Plan means a demonstration or topographic of light distribution over a given area.

Lamp means the component of a luminaire that produces the actual light (bulb).

Land Disturbing Activity means any use of the land by any person(s) in residential, industrial, educational, institutional, or commercial development, highway or road construction or maintenance, that results in a change in natural cover or topography that may cause or contribute to sedimentation.

Landfill means a facility for the disposal of solid waste on land in a sanitary manner in accordance with Chapter 130A Article 9 of the N.C. General Statutes. For the purpose of this ordinance, this term does not include composting facilities.

Landlocked Property means a parcel that has no frontage on a public right-of-way.

Landscaping means changing, rearranging, or adding to the original vegetation or scenery of a piece of land to produce an aesthetic effect appropriate for the use to which the land is put. It may include reshaping the land by moving the earth, as well as preserving the original vegetation or adding vegetation.

Laundry, Dry Cleaning Plant means a service establishment engaged primarily in high volume laundry and garment services, including: carpet and upholstery cleaners; diaper services; dry-cleaning and garment pressing; commercial laundries; and linen supply. These facilities may include customer pick-up but do not include coin-operated laundries, dry cleaning pick-up stores without dry cleaning equipment, or dry cleaning stores that do not provide cleaning services to other collection stations or stores.

Laundry Services means coin-operated laundries, dry cleaning pick-up stores without dry cleaning equipment, or dry cleaning stores that do not provide cleaning services to other collection stations or stores.

Light Spillage means the shining of light produced by a luminaire beyond the boundaries of the property on which it is located and desired as measured at the border.

Live-Work Unit means an attached residential building type with small commercial enterprises on the ground floor and a residential unit above or behind with a common tenant in both spaces (no dual occupancy is permitted).

Lot means a portion of a subdivision or any other parcel of land intended as a unit for transfer of ownership or for development or both. The word "lot" includes the word "plot" or "parcel."

(a)

Double-frontage lot: A lot of the same depth as the width of a block containing two tiers of lots and which is accessible from both of the streets upon which it fronts.

(b)

Single-tier lot: A lot which backs upon limited access highway, a railroad, a physical barrier, or a nonresidential use and to which access from the rear is usually prohibited.

(c)

Corner lot: A lot which has continuous frontage at two intersecting streets.

(d)

Pipe stem lot (also known as flag lot or panhandle lot): A lot which contains a relatively narrow strip that provides street access.

Lot of Record means a lot which is a part of a subdivision, a plat of which has been recorded in the office of the register of deeds of Wake County or a lot described by metes and bounds, the description of which has been so recorded.

Lot, infill means the development of new housing or other buildings on vacant sites in a built-up area.

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

Low-Density Project means a project that has no more than two dwelling units per acre or 24 percent built-upon area (BUA) for all residential and non-residential development.

Lumen means a unit of luminous flux. The total quantity of light emitted from a light source. One foot-candle is one lumen per square foot. For the purposes of this Ordinance, the lumen-output values shall be the Initial lumen output ratings of a lamp.

Luminaire means a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps and to connect the lamps to the power supply.

Maintained Footcandle means luminance of lighting fixtures adjusted for a maintenance factor accounting for dirt build-up and lamp output depreciation. The maintenance factor used in the design process to account for this depreciation cannot be lower than 0.72 for high-pressure sodium and 0.64 for metal halide and mercury vapor.

Major Subdivision means generally subdivisions that include more than five lots. Other items may trigger a parcel's classification as a major subdivision such as: public street dedication, new streets, whether public or private, to provide access to interior lots or parcels; the extension of public water or sewer or the creation of new drainage easements; future street connectivity concerns; and any non-residential use.

Manufactured Housing means a dwelling unit, other than a modular home, fabricated in an off-site manufacturing facility for installation or assembly on the building site, which is at least eight feet in width and at least 32 feet in length, which bears a seal certifying that it was built to the standard adopted pursuant to the "National Manufactured Housing Construction and Safety Standards Act of 1974", 42 U.S.C. Sec. 5401 et seq., which is placed upon a permanent foundation which meets the installation and foundation requirements adopted by the N.C. Commissioner of Insurance, but which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. (LBCS S1150)

Manufactured Home Neighborhood means a subdivision of land that permits double-wide manufactured houses that are aligned on the lots in a manner similar to site built homes with their front doors facing the streets.

Manufactured Home Park means the location of two or more manufactured homes on a parcel of land shall constitute a manufactured home park.

Manufacturing, Heavy means a non-residential use that requires a National Pollutant Discharge Elimination System (NPDES) permit for an industrial or stormwater discharge or involves the use or storage of any hazardous materials or substances or that is used for the purpose of manufacturing, assembling, finishing, cleaning or developing any product or commodity. Typically the largest facilities in a community, these structures house complex operations, some of which might be continuous (operated 24 hours a day, seven days a week). (LBCS S2620)

Manufacturing, Light means a non-residential use that requires a National Pollutant Discharge Elimination System (NPDES) permit for an industrial or stormwater discharge or involves the use or storage of any hazardous materials or substances or that is used for the purpose of manufacturing, assembling, finishing, cleaning or developing any product or commodity. Facilities are typically designed to look and generate impacts like a typical office building, but rely on special power, water, or waste disposal systems for operation. Noise, odor, dust, and glare of each operation are completely confined within an enclosed building, insofar as practical. (LBCS S2613)

Manufacturing, Neighborhood means the assembly, fabrication, production or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building and are visually undifferentiated from an office building. This includes medical and testing laboratories but shall not include uses that require frequent deliveries by truck with more than two axles. (LBCS S2610)

Map for Recordation means a plat that depicts existing property where the act of subdivision is not involved.

Marquee means a structure which is constructed and framed in steel or other durable material, extended permanently over the ground, sidewalk, or walkway, and of sufficient strength and design to carry superimposed sign structures.

Mechanical Equipment means HVAC, utility cabinets, or other equipment related to the mechanical operation of a building.

Mechanical Penthouse means story of a building dedicated to mechanical and electronics equipment.

Media Production means facilities for motion picture, television, video, sound, computer, and other communications media production. These facilities include the following types:

1.

Back lots/outdoor facilities;

2.

Indoor support facilities.

Medical Clinic means facilities that provide ambulatory or outpatient health care such as physician offices and dentists; emergency medical clinics; outpatient family planning services; and blood and organ banks. (LBCS F6510, F6512, and F6514)

Meeting Facility/Indoor Event Venue means an indoor commercial or non-profit facility for event venues or public assembly, including but not limited to conference facilities, convention centers, indoor event space, auditoriums, exhibition halls, and the like.

Metal Products Fabrication, Machine or Welding Shop means an establishment engaged in the production and/or assembly of metal parts, including the production of metal cabinets and enclosures, cans and shipping containers, doors and gates, duct work forgings and stampings, hardware and tools, plumbing fixtures and products, tanks, towers, and similar products. Examples of these include:

1.

Blacksmith and welding shops

2.

Plating, stripping, and coating shops

3.

Sheet metal shops

4.

Machine shops and boiler shops

Mezzanine means a low story between two other stories of greater height in a building.

Micro-Distillery, Micro-Brewery, or Micro-Winery means an establishment for the manufacture, blending, fermentation, processing, and packaging of alcohol with a floor area of 20,000 square feet or less that takes place wholly inside the building, with the exception of loading. These facilities may incorporate tasting rooms or tours, with all applicable ABC commission permits. A facility which only provides tasting or retail sale of alcoholic beverages is not a micro-distillery, micro-brewery, or micro-winery.

Mini-Warehouses means a building containing separate enclosed storage spaces of varying sizes leased or rented on an individual basis.

Minor Subdivision means subdivisions that include five lots or less; does not involve any public street dedication, does not require any new street, whether public or private, to provide access to interior lots or parcels; does not involve the extension of public water or sewer or the creation of new drainage easements; does not adversely affect the development of the remainder of the property or the adjoining property and would not block future street connectivity; and is for residential use only.

Mixed-Use Building means a multi-story small scale structure that can accommodate a variety of uses.

Mobile Car Wash means a mobile car wash is defined as a vehicle with an internal combustion engine and upon its chassis is mounted on a vehicle or carried on a trailer a liquid holding tank, pump, hose or hoses, and nozzles. Other equipment, such as sponges, buckets, brushes, etc. that is necessary to the purpose of a mobile car wash may be carried on the vehicle.

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

Multi-Use Path means a pathway usually intended for the use of bicycles, pedestrians and other non-motorized means of conveyance. Usually eight to 12 feet of a paved surface or a surface graded with a material suitable for the types of users.

Mural means a hand-produced work of visual art which is tiled or painted by hand directly upon, or affixed directly to an exterior wall of a building. A mural is primarily intended to serve as a work of public art. A mural does not include:

1.

Mechanically produced or computer generated prints or images, including but not limited to digitally printed vinyl;

2.

Murals containing electrical or mechanical components; or

3.

Changing image murals.

Nonconforming means a lot, structure, sign, or use of land or structure, which is now prohibited under the terms of this ordinance but was lawful at the date on which it was established or became lawful at some later date. Nonconforming lots, signs, use of land or structures in place at the time of adoption of this Ordinance are grandfathered; however, any changes to the nonconforming lot, structure, sign or use of land or structure, shall comply with the UDO under the terms of Chapter 13.

Nonconforming Lot means a lot of record that does not conform to the dimensional requirements of the zoning district in which it is located. The nonconformity may result from adoption of this ordinance or any subsequent amendment.

Nonconforming Structure means a structure that does not conform to dimensional, elevation, location, or other requirements of this ordinance. The nonconformity may result from adoption of this ordinance or any subsequent amendment.

Nonconforming Use means a use which was once a permitted use on a parcel of land or within a structure but which is now not a permitted use of that parcel or structure according to Chapter 13 of this ordinance. The nonconformity may result from the adoption of this ordinance or any subsequent amendment.

Non-Cutoff Fixture means a fixture light distribution where there is no light intensity limitation in the zone above the maximum distribution of light intensity.

Non-Residential means all uses which are neither single-family nor multi-family. For the purposes of watershed or flood protection: All development other than residential development, agriculture and silviculture.

Nursery and Garden Center means an establishment primarily engaged in the retail sale of plants, flowers, sod, shrubs and trees, that may be grown in greenhouses or field grown, in addition to garden accessories and materials such as mulch and decorative stone intended for ornamental or landscaping purposes. This use may include a retail sales structure for the purpose of selling garden supplies and accessories.

Official Maps or Plans means any maps or plans officially adopted by the Board of Commissioners as a guide for the development of the town and surrounding area.

One-year, 24-hour Storm means the surface runoff resulting from a 24-hour rainfall of an intensity expected to be equaled or exceeded, on average, once in 12 months and within a duration of 24 hours.

Open Space means undeveloped or predominantly undeveloped land which has value for one or more of the following purposes: park and recreation, conservation of land and other natural resources, and/or historic and scenic purposes.

Outdoor Advertising Signs means a free-standing sign located outdoors that directs attention to a business, commodity, service or entertainment conducted, sold, manufactured or offered either on the same premises as the sign or at a different location.

Outdoor Display Area means commercial establishments that rely on outdoor sales and display areas including but not limited to heavy equipment sales, recreational vehicle sales, automobile sales, manufactured home displays, and sales of building materials.

Outdoor Kennels means a use or structure intended and used for the breeding or accommodation of small domestic animals for sale or for the training or overnight boarding of animals for persons other than the owner of the lot, but not including a veterinary clinic in which the overnight boarding of animals is necessary for or accessory to the testing and medical treatment of the physical disorders of animals. (LBCS F2700)

Outdoor Lighting means the nighttime illumination of an outdoor area or object by any man-made device located outdoors that produces light by any means.

Outparcel means a parcel of land designated on an approved commercial development site plan or determined as such by the Administrator. An outparcel shall be secondary in nature to the primary commercial development. It shall contain a single building and be independent of the total development in that its driveways, walkways, landscaping, and lighting are unique to the building on the site.

Overlay district means a set of zoning requirements that is described in the ordinance text, is mapped, and is imposed in addition to those of the underlying district. Developments within the overlay district must conform to the requirements of both zones or the more restrictive of the two.

Owner means the legal or beneficial owner of land, including but not limited to a mortgagee or vendee in possession, receiver, executor, trustee, or long-term or commercial lessee, or any other person or entity holding proprietary rights in the property or having legal power of management and control of the property. "Owner" shall include long-term commercial tenants; management entities, such as those charged with or engaged in the management of properties for profit; and every person or entity having joint ownership of the property. A secured lender not in possession of the property does not constitute an owner, unless the secured lender is included within the meaning of "owner" under another description in this definition, such as a management entity.

Parcel means a lot, or contiguous group of lots in single ownership or under single control, and usually considered a unit for purposes of development.

Park and Ride Spaces means a parking lot/spaces designated for drivers to leave their cars and use mass transit facilities beginning, terminating, or stopping within immediate walking distance of the park and ride facility.

Parking Lot (Primary Use) means a stand-alone parking lot that is available for public or private use, but that is not an accessory to another use.

Parking Space means the storage space for one automobile plus the necessary access space.

Parking Structure (Primary Use) means a stand alone parking structure (deck) that is available for public or private use, but that is not an accessory to another primary use.

Pennant means any lightweight plastic fabric, or other material, whether containing a message of any kind, suspended from a rope, wire or string, usually in a series, designed to move in the wind.

Permanent Car Wash means a permanent car wash is defined as a facility, consisting of a building with a roof and side walls that is permanently affixed to the land and is taxed as an improvement to the land. A permanent car wash facility may be either (1) fully automated, or (2) partially automated and where detailing of the vehicle is done outside of the physical facility by company employees, or (3) customer controlled pressure nozzles that spray liquids onto the vehicle and detailing is done by the customer outside of the facility.

Personal Services. These establishments offer a wide range of personal services. Uses include, but are not limited to, tailor/seamstress shops, nail salons, hair salons, barbershops, and tanning salons.

Personal Wireless Facility. See definition for Wireless Telecommunications Facilities.

Planning Board means the Town of Wendell Planning Board.

Planting Area means the area prepared for the purpose of accommodating the planting of trees, shrubs, and groundcovers.

Post Office means establishments conducting operations of the United States Postal Service. (LBCS F4170).

Porch means an open air room appended to a building with floor and roof but no walls on the sides facing public frontage.

Preliminary Plat means a draft plat of a proposed subdivision, used to determine if the proposed development is in general conformance with town standards and ordinances.

Principal Building or Principal Use means the principal purpose for which a lot or the main building thereon is designed, arranged, or intended, and for which it is or may be used, occupied, or maintained.

Professional Services means services provided that make available the knowledge and skills of their employees to sell expertise and perform professional, scientific, and technical services to others such as legal services; accounting, tax, bookkeeping, and payroll services; architectural, engineering, and related services; graphic, industrial, and interior design services; consulting services; research and development services; advertising, media, and photography services; real estate services; investment banking, securities, brokerages; and insurance-related services; and, medical services such as physician's and dentist's offices. (LBCS F2230, F2240, F2300, F2410-2417, and F6511)

Protected area means the area adjoining and upstream of the critical area in a WS-IV water supply in which protection measures are required. The boundaries of the protected areas are defined as extending five miles upstream and draining to water supply reservoirs (measured from the normal pool elevation) to the ridge line of the watershed (whichever comes first); or ten miles upstream and draining to the intake located directly in the stream or river (run-of-the-river), or to the ridge line of the watershed (whichever comes first).

Public Realm means those areas within a community to which the public has open access, such as public streets, sidewalks, building facades, lighting, etc. which fosters social interaction, community activity and connectivity among those aspects of urban development.

Public Safety Facility means a facility operated by a public agency including fire stations, other fire prevention and fire fighting facilities, police and sheriff substations and headquarters, including incarceration facilities.

Recreation Facilities, Indoor means uses or structures for active recreation including gymnasiums, natatoriums, fitness center, athletic equipment, indoor running tracks, climbing facilities, court facilities and their customary accessory uses. This definition is inclusive of both non-profit and for-profit operations.

Recreation Facilities, Outdoor means parks and other open space used for active or passive recreation such as ball fields, batting cages, skateboard parks, playgrounds, greenway trails, driving ranges, tennis courts, riding stables, campgrounds, and golf courses and their customary accessory uses including, but not limited to, maintenance sheds, clubhouses (with or without food service), pools, restrooms, and picnic shelters. This definition is inclusive of both non-profit and for-profit operations.

Recreational Vehicle means a vehicle or portable structure which can be towed, hauled, or driven and is primarily designed as temporary living accommodation for recreational, camping, and ravel use. A recreational vehicle shall not be considered as a dwelling unit

Redevelopment means any rebuilding activity other than a rebuilding activity that results in no net increase in built upon area and provides equal or greater stormwater control than the previous development.

Religious Institution means any facility such as a church, temple, monastery, synagogues, or mosque used for worship by a non-profit organization and their customary related uses for education (pre-schools, religious education, etc.), recreation (gymnasiums, activity rooms, ball fields, etc.), housing (rectory, parsonage, elderly or disabled housing, etc.) and accessory uses such as cemeteries, mausoleums, offices, soup kitchens, and bookstores. (LBCS F6600 and S3500)

Required Yard Area means that space between the required yard setback lines and the lot lines from which the required yard setbacks are measured.

Research and Development (R&D) means a facility for scientific research, and the design, development, and testing of electrical, electronic, magnetic, optical and computer and telecommunications components in advance of product manufacturing, and the assembly of related products from parts produced off-site, where the manufacturing activity is secondary to the research and development activities. R&D facilities include pharmaceutical, chemical, and biotechnology research and development. Also includes laboratories for testing, analysis, and/or research. Examples of this include medical labs, soils and materials testing labs, and forensic labs.

Residential Development means buildings for residence such as attached and detached single-family dwellings, apartment complexes, condominiums, townhouses, cottages, etc. and their associated outbuildings such as garages, storage buildings, gazebos, etc. and customary home occupations.

Residential Support Facility means a building or group of buildings owned or operated by a non-profit organization intended to be used solely for temporary occupancy by patients or family members of patients being treated at a local hospital.

Residential Treatment Facility means a facility that primarily provides 24-hour supervision and Level I, II, or III therapeutic treatment as licensed by the North Carolina Department of Health and Human Services for adults or children with behavioral disorders, or juveniles adjudicated in a court of law as delinquent. Residential treatment facilities are limited to no more than six clients.

Restaurant means a retail business selling ready-to-eat food and/or beverages for on or off-premise consumption. Customers may be served from an ordering counter (i.e. cafeteria or limited service restaurant); at their tables (full-service restaurant); and, at exclusively pedestrian-oriented facilities that serve from a walk-up ordering counter (snack and/or nonalcoholic bars). (LBCS F2510, F2520, and F2530)

Rezoning means an amendment to or a change in the zoning ordinance. Rezonings can take three forms: (1) a comprehensive revision or modification of the zoning text and map; (2) a text change in zone requirements; and (3) a change in the map, i.e., the zoning designation of a particular parcel or parcels. Rezonings, like enactment of the original ordinance, are legislative acts that cannot be delegated to administrative officials. According to state law, planning boards make recommendations and Board of Commissioners approve or deny rezonings.

Right-of-way. See Street right-of-way.

Rooming or Boarding House means short or long-term accommodations that serve a specific groups or membership such as a dormitory, fraternity or sorority house, youth or adult hostel or similar tourist accommodations, or single room occupancy units that provide a number of related services including, but not limited to housekeeping, meals, and laundry services. (LBCS F1320, S 1320, and S1340)

School, Elementary & Secondary means a public or private institution for education or learning including athletic or recreational facilities, which does not include lodging. This institution includes any school licensed by the state and that meets the state requirements for elementary and secondary education. (LBCS F6100)

School, Vocational/Technical means a public or private institution for education or learning including athletic or recreational facilities, which does not include lodging. These schools offer vocational and technical training in a variety of technical subjects and trades. Training may lead to job-specific certification. (LBCS F6100 and F6140)

Sediment means solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin.

Sedimentation means the process by which sediment resulting from accelerated erosion has been or is being transported off the site of the land-disturbing activity or into a lake or natural water course.

Semi-Cutoff Fixture means a fixture light distribution where no more than five percent of a lamp's light intensity is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 20 percent of the lamp's light intensity is emitted at an angle ten degrees below that horizontal plane, at all lateral angles around the fixture.

Semi-Opaque means partially opaque or partially impenetrable to sight

Setback means a line parallel to the property line in front of which no structure shall be erected.

Shooting Range, Indoor means the use of a structure for archery and/or the discharging of firearms for the purposes of target practice or temporary competitions.

Shopping-Neighborhood Center. Sizes vary from 30,000 to 150,000 square feet on sites ranging from three to 15 acres, and have a three-mile primary trade area radius. Typically serves immediate neighborhood with convenience shopping. Often anchored by a supermarket or drugstore. (LBCS S2510)

Shopping Center-Community Center is usually configured as a strip center. Sizes vary from 100,000 to 350,000 square feet on sites ranging in size from ten to 40 acres and have a three to six-mile primary trade area radius. Serves a wider market than neighborhood and also offers wider range of goods, especially apparel goods. Anchors include supermarkets, super drug stores, and discount stores. Some centers may also contain outlet stores selling toys, electronics, sporting goods, and home improvement and furnishings. (LBCS S2520)

Shrub means an upright plant planted for ornamental or screening purposes.

Sight Triangle means a triangular area formed by the intersection of the projected street lines (right-of-way lines) and a straight line connecting points on said street lines.

Sign means any form of publicity or advertising which is visible from any public way, directing attention to an individual, business, commodity, service, activity, or product, by means of words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names or trademarks, or other pictorial matter designed to convey such information and displayed by means of paint, bills, posters, panels, or other devices erected on an open framework, or attached or otherwise applied to stakes, posts, poles, trees, buildings, or other structures or supports.

Sign, Awning means a sign, which is painted, stitched, sewn, or stained onto the exterior of an awning.

Sign, Canopy means a sign which is suspended from, attached to, supported from, applied to, or forms part of a canopy. Also known as a canopy-suspended sign.

Sign, Conforming means a sign which is in compliance with all the provisions of this ordinance.

Sign, Construction means a single sign giving the name or names of building owners, architects, engineers, and/or lending institutions and principal contractors responsible for construction on the site where the sign is placed, together with other appropriate information included thereon.

Sign, Direct (or internal) illumination means a light source which is enclosed within the sign and viewed through a translucent panel. Luminous tubing (neon lights) is one kind of direct illumination.

Sign, Directional means a sign containing only the name and address of a facility and information pertaining to the direction of the facility.

Sign, Indirect (or external) illumination means a light source which is placed outside of or away from the sign in a manner to illuminate the sign.

Sign, Information means any on-premise sign containing no other message, copy, announcement, or decoration other than instruction or direction to the public. Such signs include, but are not limited to, the following: the identification of rest rooms, public telephones, walkways, entrance and exit drives, freight entrances, and traffic direction.

Sign, Monument 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 and not attached to any other structure.

Sign, Nonconforming means a sign erected before the effective date of this ordinance which is not in compliance with one or more of the provisions contained herein.

Sign, Obsolete means a sign identifying a business establishment no longer in existence, products no longer being sold, services no longer being rendered, or events which have already occurred or a sign advertising a business, product, or service still in existence by which is no longer in operation or available at the location where the sign is located.

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

Sign, Pole means a sign more than ten feet but not more than 20 feet in height which is attached directly to the ground by one or more upright supports.

Sign, Real estate sign means a sign located on the premises and offering the premises for sale, rent, lease or development.

Sign, Roof sign means a sign erected, constructed, placed, or maintained upon the roof of any building.

Sign, Special Event means a sign of a business or organization which is not part of its normal activities. Such a sign shall be limited to a business "grand opening" or "going-out-of-business sale," as well as fund-raising membership drives or events of civic, philanthropic, educational, or religious organizations.

Sign, Temporary Sign means a sign which is permitted for a limited period of time.

Sign, Wall Sign means a sign erected parallel to the facade of any building to which it is attached, and supported throughout its entire length by the building face.

Sign Face means the part of the sign that is or can be used to identify, advertise, or communicate information, or is used for visual representation which attracts the attention of the public for any purpose. Sign face includes any background material, panel, trim, color, and direct or self-illumination used that differentiates that sign from the building, structure, backdrop, surface, or object upon which or against which it is placed. The sign structure shall not be included as a portion of the sign face provided that no identifying/advertising message, symbol, or any of the aforementioned sign face criteria are displayed on or designed as part of the sign structure, whether structurally necessary or not.

Signage, Aggregate means the total surface area of all signs located on a particular tract not counting incidental signs. For double-sided signs, the area of one side will only count toward calculating the total.

Site Plan means a diagram to scale showing the development plans for a project.

Small Area Plan means a detailed plan for the growth and development of a sub-area of a town or city.

Soundstages means warehouse-type facilities providing space for the construction and use of indoor sets, including supporting workshops and craft shops.

Specimen Tree means any healthy, existing tree over 18 inches in caliper measured at DBH, (excluding Sweet Gum, Catalpa, Wild Cherry, Wild Elm, Princess, Hackberry, and Tree-of-Heaven trees) found in a field or open grown condition, or along the edge of a forest stand or tree stand and displaying the root zone, canopy, and structure characteristic of the particular species.

Sports Training/Fitness Complex means an establishment comprised of indoor and outdoor training areas for the purpose of training individuals and teams in athletics and sporting activities.

Stoop means a small stair, landing, or ramp connecting a building entrance to the sidewalk.

Storage-Storage Yard means the storage of various materials outside of a structure, as a principal use.

Storage-Warehouse, Indoor Storage means facilities for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include warehouse, storage, or mini-storage facilities offered for rent or lease to the general public; warehouse facilities primarily used for wholesaling and distribution; or terminal facilities for handling freight.

Storm Drainage Facilities means the system of inlets, conduits, channels, ditches, and appurtenances which serve to collect and convey stormwater through and from a given drainage area.

Stormwater Runoff means the direct runoff of water resulting from precipitation in any form.

Story means a horizontal section of a building, having one continuous or practically continuous floor.

Stream means a watercourse that collects surface runoff.

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

Street, cul-de-sac means a short local street having one end open to traffic and the other end permanently terminated by a vehicular turnaround.

Street, local means a street whose primary function is to provide access to abutting properties.

Street, private means a vehicular travelway not dedicated or offered for dedication as a public street but resembling a cul-de-sac or a local street and providing the principal means of access to abutting properties or buildings.

Street, public means a dedicated and accepted public right-of-way for vehicular traffic. In the town limits, a public street shall be maintained by the Town of Wendell or the state Department of Transportation. Alleys are specifically excluded.

Street Frontage means the length of property of a single lot abutting a public right-of-way or private street.

Street Right-of-Way means a strip of land whose legal title has been offered for public access and is occupied or intended to be occupied by a travelway and is also available, with the consent of the appropriate governmental agency, for installation and maintenance of traffic control devices, regulatory and information signs, water lines, sanitary sewer lines, storm sewer lines, gas lines, power lines, and communication lines.

Street Tree means a tree planted along the street, typically in the right-of-way in a planting strip or tree well.

Street Yard means a Planting Area parallel to a public street designed to provide continuity of vegetation along the right-of-way and to soften the impact of development by providing a pleasing view from the road.

Structural BMP. See BMP, structural.

Structure means anything constructed or erected, the use of which requires more or less permanent location on the ground or which is attached to something having more or less permanent location on the ground.

Structure, accessory means a detached, subordinate structure, the use of which is customarily incidental to that of the principal structure and which is located on the same lot as the principal structure.

Structure, historic (State or National Register) means any structure that is: (1) listed individually in the National Register of Historic Places (a listing maintained by the U. S. Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register; (2) certified or preliminarily determined by the Secretary of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) individually listed on a state inventory of historic places; (4) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified (a) by an approved state program as determined by the Secretary of Interior, or (b) directly by the Secretary of Interior in states without approved programs.

Structure, principal means the primary structure on a lot.

Studio-Art, Dance, Martial Arts, Music, etc. means small facilities, typically accommodating one group of students at a time, in no more than one instructional space. These establishments may include: individual and group instruction and training in the arts; production rehearsal photography, and the processing of photographs produced only by users of the studio facilities; martial arts training studios; gymnastics, yoga, and similar instruction; and aerobics and gymnastics studios with no other fitness facilities or equipment.

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

Subdivision. A "subdivision" shall include all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purposes of sale or building development (whether immediate or future) and shall include all division of land involving the dedication of a new street or a change in existing streets.

Substantial Progress. For the purposes of determining whether sufficient progress has been made on an approved plan, one or more of the following construction activities toward the completion of a site or subdivision plan shall occur: obtaining a grading permit and conducting grading activity on a continuous basis and not discontinued for more than 30 calendar days; or installation and approval of on-site infrastructure; or obtaining a building permit for the construction and approval of a building foundation. "Substantial progress" for purposes of determining whether an approved plan is null and void is not necessarily the same as "substantial expenditures" used for determining vested rights pursuant to applicable law.

(a)

Campground or Recreational Vehicle Park: Land containing two or more campsites which are located, established, or maintained for occupancy by people in temporary living quarters, such as tents, recreational vehicles, or travel trailers which are used for recreation or vacation purposes. A 'mobile home park' shall not be deemed a campground or recreational vehicle park.

(b)

Campsite: Any plot of ground within a campground intended for exclusive occupancy by a cabin, recreational vehicle, or tent.

(c)

Recreational Vehicle: A vehicle or portable structure which can be towed, hauled, or driven and is primarily designed as temporary living accommodation for recreational, camping, and ravel use. A recreational vehicle shall not be considered as a dwelling unit

Surety: A pledge or formal promise made to secure against loss, damage, or default; a security.

Sweepstakes Center means an "internet cafe," "cybercafe," or "sweepstakes center" or by what other terminology such establishment might be known, is a for profit business enterprise, whether as a principal or an accessory use, where electronic machines can be utilized, including but not limited to computers and gaming terminals and where cash, merchandise or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is determined by electronic games played or by predetermined odds. This term includes, but is not limited to those establishments where one can use a computer with internet access, usually for a fee on a per hour or per minute basis; or unmetered access with a pass for a day, month, etc. The establishment may serve as a regular cafe, as well, with food and drinks being served.

Technical Review Committee (TRC) means a group of Town staff and other reviewing agencies who review and approve Site Plans and Preliminary Plats.

Telecommunications means the transmission and reception of audio, video, data and other information by wire, radio frequency, light and other electronic or electromagnetic systems.

Telecommunications Structure means a structure used in the provision of services described in the definition of Wireless Telecommunications Facilities.

Telecommunications Tower. See definition for Wireless Telecommunications Facilities.

Theater, Movie means a specialized theater for showing movies or motion pictures on a projection screen. This category also includes cineplexes and megaplexes, complex structures with multiple movie theaters, each theater capable of an independent performance. (LBCS S3120)

Theater, Live Performance includes concert halls and other structures with fixed seats arranged on a sloped or stepped floor.

Theater, Live Performance, Indoor means a specialized theater for showing movies or motion pictures on a projection screen or a stage for live performances. This category also includes cineplexes and megaplexes, complex structures with multiple movie theaters, each theater capable of an independent performance.

Theater, Live Performance, Outdoor means an establishment for the performing arts with open-air seating for audiences.

Thoroughfare Street, major. Major thoroughfares consist of interstate, other freeway, expressway, or parkway links, and major streets that provide for the expeditious movement of high volumes of traffic within and through urban areas.

Thoroughfare Street, minor. Minor thoroughfares collect traffic from local and other non-thoroughfare streets and carry it to the major thoroughfare system. Minor thoroughfares may be used to supplement the major thoroughfare system by facilitating movement of moderate volumes of traffic within and through urban areas and may also serve abutting property.

Town means the Town of Wendell, North Carolina.

Town Board means the Town Board of Commissioners, Wendell, North Carolina.

Townhouse Dwelling means a building consisting of single family residences attached to one another in which each unit is located on an individually owned parcel, generally within a development containing drives, walks, and open space in common area.

Toxic Substance means any substance or combination of substances (including disease causing agents), which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression in reproduction or growth) or physical deformities in such organisms or their off spring or other adverse health effects.

Transit Station-Passenger means facilities for ground passenger transit systems using multiple modes of transport over regular routes and on regular schedules within the town or that operated over long distances between metropolitan areas. (LBCS F4120 and S3900)

Travel trailer (camping trailer) means a vehicular, portable structure, built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses and being of any length or width, provided its gross weight does not exceed 4,500 pounds, or being of any weight, provided its overall length does not exceed 29 feet.

Tree Save Area means conservation area where trees are to be preserved from grading or future development.

Tree Wells means openings within large sidewalks where trees are planted; provides aeration for tree roots and is typically covered with a metal grate to protect the soil/roots from being compacted.

Understory Tree means a species of tree, which normally grows to a mature height of 15 feet to 35 feet.

Use, permitted means a use permitted in a given district as a permitted use and so authorized by being listed, or referenced as a permitted use, by district, in Chapter 2, District Provisions.

Use, residential means any type dwelling unit including single-family dwelling, two-family dwelling, multifamily dwelling, rooming or boarding house, accessory buildings and structures thereof and customary home occupations.

Use, Special means a use permitted only upon approval of the Wendell Board of Commissioners. Such a use shall be permitted only in the district in which it is listed and shall not be accumulative to any other district. If property exists such that an existing use which was previously allowed by right would be allowed only as a special use, that use shall become nonconforming unless and until a special use permit is issued.

Utilities means publicly or privately owned facilities or systems for the distribution of gas, electricity, steam, or water, the collection, treatment and disposal of sewage or refuse; the transmission of communications; of similar functions necessary for the provision of public services. Radio transmission facilities for use by ham radio operators or two-way radio facilities for business or governmental communications shall be deemed accessory uses and not utilities, provided no transmitter or antenna tower exceed 180 ft. in height. Utilities are divided into three classes:

Class 1 Transmission and collection lines (above and below ground) including electrical, natural, gas, waste water collection, and water distribution lines; pumping stations, lift stations, and telephone switching facilities (up to 200 sq. ft.).

Class 2 Elevated water storage tanks; package treatment plants, telephone switching facilities (over 200 sq. ft.), substations, or other similar facilities in connection with telephone, electric, steam, and water facilities.

Class 3 Generation, production, or treatment facilities such as power plants, water and sewage plants, and landfills.

Variance means a permission to develop or use property granted by the Watershed Review Board relaxing or waiving a water supply watershed management requirement adopted by the Environmental Management Commission that is incorporated into this ordinance.

Vehicle/Heavy Equipment Sales means establishments which may have showrooms or open lots for selling vehicles or heavy equipment. May include car dealers for compact automobiles and light trucks, bus, truck, mobile homes, motorcycle, ATV, or boat and marine craft dealers. (LBCS F2110, F2111, F2112, F2113 and F2114)

Vehicle Services—Major Repair/Body Work means the repair, servicing, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This includes major repair and body work which encompasses towing, collision repair, other body work and painting services, and tire recapping.

Vehicle Services—Minor Maintenance and Repair means the repair, servicing, alteration, restoration, towing painting, cleaning, or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. Minor facilities providing limited repair and maintenance services. Examples include: car washes, attended and self-service; car stereo and alarm system installers; detailing services; muffler and radiator shops; quick-lube services; tire and battery sales and installation (not including recapping).

Vested rights means the right to undertake and complete the development and use of property under the terms and conditions of an approved site specific development plan or an approved phased development plan.

Watershed means the entire land area contributing surface drainage to a specific point (e.g., the water supply intake.)

Wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, under normal conditions, a prevalence of vegetation typically adapted for life in saturated soil conditions.

Wholesaling and Distribution means establishments engaged in selling merchandise to retailers; to contractors, industrial, commercial, institutional, farm or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. This does not include selling to the public. Examples of these establishments include:

1.

Agents, merchandise or commodity brokers, and commission merchants;

2.

Assemblers, buyers and associations engaged in the cooperative marketing of farm products;

3.

Merchant wholesalers;

4.

Stores primarily selling electrical plumbing, heating, and air conditioning supplies and equipment.

Wide-body Refractive Globe means a translucent lamp enclosure used with some outdoor fixtures to provide a decorative look. "Wide-body" refers to a wider than average size globe (greater than 15.75 inches in diameter). "Refractive" refers to the redirection (bending) of the light as it goes through the lens, rendering the light fixture more effective. Wide-body refractive globes are intended to soften and spread the light being distributed from the light source thereby reducing direct glare.

Wireless Telecommunication Facility means equipment constructed in accordance with Section 332(c)(7) of the federal Communications Act at a single location by a private business user, governmental user, or commercial wireless service provider to transmit, receive, or relay electromagnetic signals (including microwave). Such facility includes antennas or antenna arrays, wireless telecommunication towers, support structures, transmitters, receivers, base stations, combiners, amplifiers, repeaters, filters, or other electronic equipment; together with all associated cabling, wiring, equipment enclosures, and other improvements.

Stealth: Equipment that is unobtrusive in its appearance such as the co-location on existing tower facilities; and the placement of equipment on flagpoles, buildings, silos, water tanks, pole signs, lighting standards, steeples, billboards and electric transmission towers.

Tower: The construction of new free-standing facilities or facilities that extend more than 20 feet above the normal height of the building or structure on which they are placed. The following shall not be included in this definition:

•

Amateur radio facilities with antennas mounted on supporting structures less than 100 feet in height;

•

Residential antennas for receiving television or AM/FM radio broadcasts;

•

Residential satellite dishes; or, commercial or industrial satellite dishes that are less than 20 feet in height.

Yard means a space on the same lot with a principal building open, unoccupied and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted.

Yard, front means an open, unoccupied space on the same lot with a principal building, extended the full width of the lot, and situated between the street and that front line of the building, projected to the side lines of the lot.

Yard, rear means an open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot.

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

Zero Lot Line means a development approach in which a building is sited on one or more lot lines with no yard. Conceivably, three of the four sides of the building could be on the lot lines. The intent is to allow more flexibility in site design and to increase the amount of usable open space on the lot. Virtually all zoning ordinances retain yard requirements; where zero lot line developments have been permitted, they have been handled through group development procedures, or other devised which allow for site plan review. The few ordinances which specifically authorize the zero lot line approach do so as an exception to prevailing regulations and under clearly defined circumstances.

Zoning means a police power measure, enacted primarily by general purpose units of local government, in which the community is divided into districts or zones within which permitted and special uses are established as are regulations governing lot size, building bulk, placement, and other development standards. Requirements vary from district to district. The zoning ordinance consists of two parts: a text and a map. For the most part, this conventional definition of zoning still applies, but recent innovations in special (or conditional) use districts and overlay districts have begun to blur some of the ordinance's neatness and clarity.

Zoning Districts means a section of a town designated in the zoning ordinance text and (usually) delineated on the zoning map, in which requirements for the use of land and building and development standards are prescribed.

Zoning Map means the map delineating the boundaries of districts which, along with the zoning text, comprises the zoning ordinance.

(Ord. No. O-20-2016, §§ 2, 3, 11-14-2016; Ord. No. O-13-2017, § 1, 6-12-2017; Ord. No. O-11-2019, § 2, 6-24-2019; Ord. No. O-18-2019, § 2, 9-23-2019; Ord. No. O-13-2020, § 3, 6-8-2020; Ord. No. O-07-2021, § 2, 2-22-2021; Ord. No. O-11-2021, § 2, 3-22-2021; Ord. No. O-21-2021, § 2, 5-24-2021)