This chapter shall be known and may be cited as the "Zoning Ordinance of the Town of Wilson's Mills, North Carolina."

(Ord. of 7-10-2006(2), § 100)

This chapter is adopted pursuant to authority contained in G.S. Chapter 160A, Article 19 (G.S. 160A-360 et seq.).

(Ord. of 7-10-2006(2), § 102)

The provisions of this chapter shall apply within the corporate limits of the town and its duly adopted territorial jurisdiction pursuant to G.S. 160A-360.

(Ord. of 7-10-2006(2), § 104)

The purpose of the regulations set forth in this chapter shall be to accomplish compatible development of the land within the planning jurisdiction of the town in a manner which will best promote the health, safety and general welfare; to promote efficiency, energy conservation, and economy in development; to make adequate provisions for traffic; to secure safety from fire, flooding, panic, and other hazards; to provide for adequate light and air; to prevent overcrowding of land; to avoid inappropriate concentrations of population; to facilitate the adequate provision of transportation, public water, sewage, schools and other public requirements; to promote desirable living conditions and the stability of neighborhoods and to achieve other purposes in accordance with the comprehensive plan and development policies for the town's planning jurisdiction. These regulations have been made with reasonable considerations, among other things, as to character of the jurisdiction and its areas and their peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdiction.

(Ord. of 7-10-2006(2), § 106)

Except as specifically provided in this chapter, no land or structure shall hereafter be used or occupied, and no excavation, removal of soil, clearing of a site or placing of fill shall take place on lands contemplated for development, and no part of any structure, shall be constructed, erected, altered or moved, except in compliance with all of the applicable provisions of this chapter.

(Ord. of 7-10-2006(2), § 108)

In interpreting and applying these regulations, the requirements contained herein are declared to be the minimum requirements necessary to carry out the purpose of these regulations and shall apply uniformly to each class or kind of structure or land. Except as hereinafter provided, these regulations shall not be deemed to interfere with, abrogate, annul or otherwise affect in any manner whatsoever any easements, covenants or other agreements between parties. Wherever the provisions of these regulations impose greater restrictions upon the use of land or buildings, or require a larger percentage of the lot to be left unoccupied than the provisions of other ordinances, rules, regulations, permits, or any easements, covenants or other agreements between parties, the provisions of these regulations shall govern.

(Ord. of 7-10-2006(2), § 110)

This chapter is intended to implement the provisions of G.S. 160A-385.1 pursuant to which a statutory zoning vested right is established upon the approval of a site-specific development plan.

(Ord. of 7-10-2006(2), § 112.1)

For the purpose of this chapter, a site-specific development plan is defined as a plan of land development submitted to the town for purposes of obtaining a special use permit, zoning permit, or preliminary plat approval. Notwithstanding the foregoing, neither a variance, a sketch plan, nor any other document that fails to describe with reasonable certainty the type and intensity of use for a specific parcel or parcels of property shall constitute a site-specific development plan.

(Ord. of 7-10-2006(2), § 112.2)

(a)

A zoning vested right shall be deemed established upon the valid approval, or conditional approval, by the town council of a site-specific development plan.

(b)

A zoning vested right is hereby defined as a right pursuant to G.S. 160A-385.1 to undertake and complete the development and use of property under the terms and conditions of an approved site-development plan.

(c)

The approving authority may approve a site-specific development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare.

(d)

Notwithstanding subsections (a) and (b) of this section, approval of a site-specific development plan with a condition that a variance is obtained shall not confer a zoning vested right unless the necessary variance has been obtained.

(e)

A site-specific development plan shall be deemed approved upon the effective date of the approval authority's action or ordinance relating thereto.

(f)

The establishment of a zoning vested right shall not preclude the application of any overlay zoning that imposes additional requirements but does not effect the allowable type or density of use, or ordinances or regulations that are general in nature and are applicable to all property subject to land-use regulations by the town, including, but not limited to, building, fire, plumbing, electrical and mechanical codes. Otherwise, applicable new or amended regulations shall become effective with respect to property that is subject to a site-specific development plan upon the expiration or termination of the vested right in accordance with this section.

(g)

A zoning vested right is not a personal right, but shall attach to and run with the applicable property. After approval of a site-specific development plan, all successors to the landowner that established the zoning vested right shall be entitled to exercise such right and shall be subject to all conditions while applicable.

(Ord. of 7-10-2006(2), § 112.3)

(a)

Except as otherwise provided for in this chapter, an application for specific development plan approval shall be processed in accordance with the procedures established by ordinance and shall be considered by the designated approval authority for the specific type of zoning or zoning permit or approval for which application is made.

(b)

In order for a zoning vested right to be established upon approval of a site-specific development plan, the applicant must indicate at the time of application, on a form provided by the town, that a zoning vested right is being sought. At such time, the application shall be considered and acted on by the town council following notice and a public hearing as provided in G.S. 160A-364.

(c)

Each map, plat, site plan or other document evidencing a site-specific development plan shall contain the following notation: "Approval of this plan established a zoning vested right under G.S. 160A-385.1 unless terminated at an earlier date, the zoning vested right shall be valid until two years from the date of issuance."

(d)

Following approval or conditional approval of a site-specific development plan, nothing in this chapter shall exempt such a plan from subsequent reviews and approvals to ensure compliance with the terms and conditions of the original approval, provided that such reviews and approvals are not inconsistent with the original approval.

(e)

Nothing in this section shall prohibit the revocation of the original approval or other remedies for failure to comply with applicable terms and conditions of the approval or the development ordinance.

(Ord. of 7-10-2006(2), § 112.4)

(a)

A zoning right that has been vested as provided in this chapter shall remain vested for a period of two years unless specifically and unambiguously provided otherwise pursuant to section 30-12. This vesting shall not be extended by any amendments to a site-specific development plan unless expressly provided by the town council at the time the amendment or modification is approved.

(b)

Notwithstanding the provisions of subsection (a) of this section, the approval authority may provide that the rights shall be vested for a period exceeding two years but not exceeding five years, where warranted in light of all relevant circumstances, including, but not limited to, the size of the development, the level of investment, the need for or desirability of the development, economic cycles, and market conditions. These determinations shall be in the sound discretion of the town council at the time the site specific development plan is approved.

(c)

Upon issuance of a building permit, the expiration provisions of G.S. 160A-418 and the revocation provisions of G.S. 160A-422 shall apply, except that a building permit shall not expire or be revoked because of the running time while a zoning vested right under this section is outstanding.

(Ord. of 7-10-2006(2), § 112.5)

A zoning right that has been vested as provided in this chapter shall terminate:

(1)

At the end of the application-vesting period with respect to buildings and uses for which no valid building permit application have been filed;

(2)

With the written consent of the affected landowner;

(3)

Upon findings by the town council, by ordinance after notice and a public hearing, that natural or manmade hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety and welfare if the project were to proceed as contemplated in the approved site specific development plan;

(4)

Upon payment to the affected landowner of compensation for all costs, expenses and other losses incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all architectural, engineering, planning, marketing legal and other consultant's fees incurred after approval by the town, together with interest thereon at the legal rate until paid. Compensation shall not include any diminution in the value of the property which is caused by such action;

(5)

Upon findings by the town council, by ordinance after notice and a public hearing, that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the approval authority of the site-specific development plan; or

(6)

Upon the enactment or promulgation of a state or federal law or regulation that precludes development as contemplated in the site-specific development plan, in which case the approval authority may modify the affected provisions, by ordinance after notice and public hearing, upon a finding that the change in state or federal law has a fundamental effect on the plan.

(Ord. of 7-10-2006(2), § 112.6)

Nothing in this chapter is intended or shall be deemed to create any zoning vested right other than those established pursuant to G.S. 160A-385.1.

(Ord. of 7-10-2006(2), § 112.7)

In the event that G.S. 160A-385.1 is repealed, section 30-7 through this section shall be deemed repealed and the provisions hereto no longer effective.

(Ord. of 7-10-2006(2), § 112.8)

(a)

In its interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public, safety and general welfare. Wherever the requirements of this chapter are at variance with other requirements of lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive, or that imposing the highest standards, shall govern.

(b)

This chapter and the various parts, sections, subsections and clauses thereof are hereby declared to be severable. If any part of a sentence, paragraph, section, subsection, phrase or clause is adjudged unconstitutional or invalid, the remainder of the chapter shall not be affected thereby. If any part of a sentence, paragraph, section, subsection, phrase or clause is adjudged unconstitutional or invalid as applied to a particular property, building or structure shall not be affected hereby. Whenever a condition or limitation is included in an order authorizing a conditional or special use permit, variance, building permit, zoning compliance permit, certificate of occupancy or site plan approval, it shall be conclusively presumed that the authorizing officer or body considered such condition or limitation necessary to carry out the spirit and purpose of this chapter or the requirement of some provision hereof, and to protect the public health, safety and welfare, and that the officer or board would not have granted the authorization to which the condition or limitation pertains except in the belief that the condition or limitation was lawful.

(c)

A cause of action as to the validity of this chapter or amendment thereto shall accrue upon adoption of the ordinance or amendment thereto, and shall be brought within nine months as provided in G.S. 1-54.1.

(Ord. of 7-10-2006(2), § 114)

(a)

This chapter in part carries forward, by reenactment, some of the zoning regulations of the town previously adopted by the town council, and it is not intended to repeal but rather to reenact and continue in force such existing provisions so that all rights and liabilities that have accrued are preserved and may be enforced.

(b)

All provisions of the previous zoning regulations that are not re-enacted herein are hereby repealed.

(c)

All suits at law or in equity and all prosecutions resulting from the violation of any ordinance provisions heretofore in effect, which are now pending in any court of this state or of the United States, shall not be abated or abandoned by reason of the adoption of the ordinance from which this chapter is derived, but shall be prosecuted to their finality the same as if this chapter had not been adopted; and any and all violations of the existing zoning regulations, prosecutions for which have not yet been instituted, may be hereafter filed and prosecuted; and nothing in this chapter shall be so construed as to abandon, abate or dismiss any litigation or prosecution now pending or that may have been instituted or prosecuted.

(Ord. of 7-10-2006(2), § 115)

For the purpose of interpreting this chapter, certain words and terms are herein defined. Unless the context clearly indicates otherwise, the terms defined in this chapter shall have the meaning indicted herein.

(Ord. of 7-10-2006(2), § 200)

Words used in the present tense include the future tense.

Words used in the singular number include the plural, and words used in the plural include the singular, unless the natural construction of the wording indicates otherwise.

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

The term "used for" shall include the term "designed for."

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

The term "lot" shall include the term "plot," "parcel," or "tract."

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

The term "zoning map" means the Official Zoning Map of Wilson's Mills, North Carolina.

The term "town council" or "town council" shall refer to the Town Council of the Town of Wilson's Mills.

(Ord. of 7-10-2006(2), § 202)

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

Accessory structure or use means a structure or use that is customarily incidental and subordinate to the principal structure or use on the same lot.

Adjoining means when one property adjoins another, shares a common property line or is immediately adjacent to, or abutting it.

Adult day care facility.

(1)

The term "adult day care facility" means a use of land and buildings that provides care on a regular basis to aging, disabled or handicapped adults away from their homes, and by persons other than family members, guardians or custodians, and where a payment or fee is made for such care.

(2)

The term "adult day care facility" does not include a group care facility.

Adult establishment means any principal or accessory structure or use of land that meets the definition of adult establishment as set forth in G.S. 14-202.10 et seq., but excluding massage therapy.

Agricultural means the use of land for the keeping of livestock or for the production of cash field crops, vegetables, fruits and nuts consisting of ten acres or more.

Apartment means a room or unit of one or more rooms with kitchen facilities which is designed for use as an independent unit.

Applicant means any person who submits to the town a request or plans for the purpose of obtaining administrative approvals as required by this chapter.

Assisted living facility means an establishment primarily engaged in providing residential and personal care services for the elderly and other persons who are unable to fully care for themselves and/or persons who do not desire to live independently.

Auto storage means an establishment that stores autos that are towed or repossessed for a temporary length of time for a fee paid by the owner of the vehicles.

Automotive parts sales means an establishment primarily engaged in retailing new, used, and/or rebuilt automotive parts and accessories.

Automotive repair means the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.

Bar/nightclub means an establishment that is preparing and serving alcoholic beverages and providing food services to patrons who order and are served while seated and pay after eating.

Barber/beauty shop means an establishment that is engaged in cutting, trimming, styling shampooing, coloring, and waving men's, women's and children's hair. Also trimming men's beards and providing facials and applying makeup.

Bed and breakfast means any building occupied by the owner or operator in which rooms are rented for the lodging of transients and travelers for compensation.

Board of adjustment means the quasi-judicial body composed of appointed representatives from the town's territorial jurisdiction that are given certain powers under and relative to this chapter.

Boardinghouse means a structure which contains four or more rooms, which may have no kitchen facilities, and are designed or intended to be used for residential occupancy on a rental basis.

Building means any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property.

Building, accessory, means a subordinate building detached from, but located on the same lot, as the principal building. The use of which is incidental and accessory to the principal building.

Building, detached, means a building having no party or common wall with another building except an accessory building.

Building, principal, means a building or, where the context so indicates, a group of buildings in which the principal use of the lot is located.

Building supply means any establishment primarily engaged in retailing a general line of new home repairs and improvement materials and supplies, such as lumber, plumbing, electrical, tools. housewares, hardware, lawn and garden supplies.

Business, wholesale, means commercial establishments that generally sell commodities in large quantities or by the piece to retailers, jobbers or other wholesalers.

Campground means an establishment where RV parking and/or campsite facilities are provided.

Carwash, automotive, means a lot on which motor vehicles are washed or waxed, either by the patron or by others.

Cemetery means land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.

Certificate of occupancy means a document issued by the building inspector certifying compliance with all applicable state and local construction codes, including all terms of an approved zoning permit or special use permit, and authorizing occupancy of a building or structure.

Civic/fraternal club means an establishment operated by a corporation or association of persons for social, literary, political, educational, fraternal or charitable purposes that may or may not be operated for profit.

Clear vision triangle means an area of a lot 25 feet along the property line from the street right-of-way at intersections at which nothing shall be placed to obstruct the vision of motorists entering or leaving the intersection.

Commercial, general, means commercial establishments, that in addition to serving the day-to-day commercial needs of a community, supply the more durable and permanent needs of a whole area, including supermarkets, department stores, discount stores, hardware and other similar retail and service business.

Conditional use means a use that would not be appropriate generally or without restrictions throughout the zoning districts but which if controlled as to number, area, location or relation to the neighborhood, would not be detrimental to public health, safety and welfare.

Convenience store means commercial establishments that generally serve the day-to-day commercial needs of an area, including, but not limited to, food stores with less than 10,000 square feet in floor area and eating and drinking establishments; may also include the sale of gas and oil products.

Day care center means a facility for the care and/or education of preschool age children away from their homes, and where a payment, fee or grant is made for such care and has been licensed by the state.

Density means the average number of families, persons or housing units per unit of land.

Development means any manmade change to improved or unimproved real estate, including, but not limited to:

(1)

The construction, erection, structural alteration, enlargement or demolition of any building or other structure;

(2)

Mining;

(3)

Dredging;

(4)

Filling;

(5)

Grading;

(6)

Paving;

(7)

Excavation or drilling operations;

(8)

Clearing of vegetation; and

(9)

Any division of land into two or more parcels of land.

Developing land means a zoning lot on which surveying for development is currently taking place or for which an application is currently being reviewed for development by the planning department/planning staff or for which development activities have been approved.

Development permit means a zoning permit, special use permit, PUD permit, preliminary plat approval, or any other government approval authorizing the development of land or structures.

Development plan means a plan of land development submitted to the zoning officer for the purpose of obtaining a development permit.

Development plan review means the process whereby the approving authority reviews development plans to ensure that it will comply with all applicable development regulations.

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

Drive-in (restaurant) means an establishment that provides employee curb service or accommodations through special equipment or facilities for the ordering of food or beverage from a vehicle.

Driveway means a vehicular way, other than a street or alley, which provides vehicular access from a street to a residence or to off-street parking and/or loading areas.

Dwelling means any building or structure (except a manufactured homes) that is wholly or partly used or intended to be used for living or sleeping by one or more human occupants.

Dwelling unit means a group of rooms within a dwelling forming a single independent habitable unit used for or intended to be used for living, sleeping, sanitation, cooking and eating purposes by one family.

Dwelling, multifamily, means a dwelling or combination of dwellings on a single lot consisting of three or more dwelling units.

Dwelling, single-family, means a detached building designed for or occupied exclusively by one family.

Dwelling, two-family, means a detached building either designed for or occupied by two families living independently of each other.

Easement means any right of the public, a corporation or persons to use land owned by another for purposes specified in the easement agreement.

Electronic gaming.

(1)

The term "electronic gaming" means any business enterprise where persons utilize electronic machines, including, but not limited to, computers and gaming terminals to conduct video games, lawful games of chance and sweepstakes, and where cash, merchandise or other items of value are redeemed or otherwise distributed. The term "electronic gaming" includes, but is not limited to, internet cafes, internet sweepstakes, beach sweepstakes or cybercafes.

(2)

The term "electronic gaming" does not include any lottery approved by the state.

Entertainment, indoor, means a commercial establishment offering entertainment or games of skill to the general public where the activity takes place indoors. Typical uses include bowling alleys, indoor tennis facilities, indoor swimming pools and racquet clubs.

Entertainment, outdoor, means a commercial establishment offering entertainment or games of skill to the general public wherein any portion of the activity takes place in the open, excluding golf courses and public parks. Typical uses include archery ranges, athletic fields, batting cages, golf driving ranges and miniature golf courses, swimming pools and tennis courts.

Extraction of earth products means the process of removal of natural deposits of mineral ores, soils, stone and gravel, or other solid matter from their original location, not including any processing of such material beyond incidental mechanical consolidation or sorting to facilitate transportation off site.

Fabrication means the processing and/or assemblage of various components into a complete or partially completed commodity. Fabrication relates to stamping, cutting or otherwise shaping the processed materials into useful objects. The refining aspects of manufacturing and other initial processing of basic raw materials such as metal ore, lumber and rubber, etc., are included in the term "fabrication."

Family care homes means a facility designed to care for a maximum of six handicapped persons, plus support and supervisory personnel, as defined in G.S. 168-21.

Family means an individual living alone, or two or more persons living together as a single housekeeping unit, using a single facility in a dwelling unit for culinary purposes. The term "family" shall not be construed to include a fraternity, sorority, club, rooming house or institutional group.

Financial institution means a bank, credit union, savings and loan, and similar institutions engaged in deposit banking and closely related functions such as extensions of credit by means of loans or investments.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from the:

(1)

Overflow of inland or tidal waters; or

(2)

Unusual and rapid accumulation or runoff of surface waters from any sources.

Flood hazard boundary map means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk management zones applicable to the town.

Florist means an establishment engaged in retailing cut flowers, floral arrangements and potted plants, purchased from others to sell.

Food store/market means any establishment that is primarily engaged in retailing a general line of food, canned, frozen or fresh fruits and vegetables, fresh and prepared meats, fish and poultry.

Group care facility means an establishment qualified for a license by the state for the provision of resident services of seven or more individuals, of whom one or more are unrelated, and who are handicapped, aged, disabled, or who are runaways, disturbed or emotionally deprived children and who are undergoing rehabilitation or extended care, and who are provided services to meet their needs. The term "group care facility" includes group homes for all ages, halfway houses, boarding homes for children, and convalescent and nursing homes.

Hazardous/biological waste management means any business engaged in the collection, storing or hauling of hazardous and/or biological waste within a local area.

Hazardous materials means those materials that are listed in the most current consolidated list of chemicals covered by the Superfund Amendments and Preauthorization Act of 1986, Title M.

Health club/fitness center means an establishment primarily engaged in operating fitness and recreational facilities featuring exercise and other active physical fitness conditioning or recreational sports activities, such as swimming, skating and racquet sports.

Health spa/personal services means an establishment primarily engaged in operating a business where recreational facilities are combined with accommodations to include weight loss and recreation.

Height of a structure or part thereof means the vertical distance from the mean natural grade at the foundation to the highest portion of the structure, or part thereof.

Home care unit means a facility meeting all state requirements for boarding and care of not more than five persons who are not critically ill and do not need regular professional medical attention.

Home occupation means any use conducted entirely within a dwelling and carried on by the occupants thereof, which use is incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof.

Impervious surface means a surface composed of any material that impedes or prevents the natural infiltration of water into the soil.

Junk means pre-used or unusable metallic parts and other non-metallic manufactured products that are worn, deteriorated or obsolete, making them unusable in their existing conditions, but are subject to be dismantled and salvaged.

Junkyard means a facility that stores more than three motor vehicles not having a current license plate, or uses more than 600 square feet of any lot for the storage of junk, including scrap metals or other scrap materials, or for the dismantling or abandonment of automobiles or other vehicles or machinery.

Kennel means a facility operated exclusively for profit and for the expressed purpose of providing shelter for animals.

Lot means land bounded by lines legally established for the purpose of property division. As used in this chapter, unless the context indicates otherwise, the term "lot" refers to a zoning lot.

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

Lot line, interior, means any lot line that is not a street lot line; a lot line separating a lot from another lot.

Lot line, street, means any lot line separating a lot from a street right-of-way or easement. Where a lot line is located within such street right-of-way or easement, the right-of-way or easement boundary adjacent of the lot shall be considered the street lot line.

Lot line, zero, means any interior lot line along which a structure is allowed with no setback.

Lot of record means a lot which has been recorded in the office of the register of deeds or a lot described by metes and bounds, the description of which has been recorded in the aforementioned office.

Lot width means the horizontal distance measured along a straight line connecting the points at which a line demarcating the minimum street setback required from a street lot line intersects with interior lot lines and/or other street lot lines.

Manufactured home means a single-family dwelling unit that has been constructed and labeled indicating compliance with HUD administered National Manufactured Housing Construction and Safety Standards Act of 1974.

Manufactured home, Class A (double-wide), means a manufactured home not more than ten years old that has been certified by the appropriate authority as meeting or exceeding the construction standards promulgated by the U.S. Department of Housing and Urban Development (HUD) that were in effect at the time of its construction and that satisfies the following additional criteria:

(1)

The manufactured home has a length not exceeding four times its width, with the length measured along the longest axis and the width measured at the narrowest part of the other axis.

(2)

The pitch of the roof has a minimum vertical rise of four feet for each 12 feet of horizontal run (4:12) and the roof is finished with a type of shingle that is commonly used in standard residential construction.

(3)

All roof structures shall provide eaves projection of no less than six inches, which may include a gutter.

(4)

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

See Development standard.

Manufactured home, Class B (single-wide), means a manufactured home not more than ten years old that has been certified by the appropriate authority as meeting or exceeding the construction standards promulgated by the U.S. Department of Housing and Urban Development (HUD) that were in effect at the time of its construction. See Development standard.

Manufactured home, Class C, means any manufactured home that does not meet the definition criteria of Class A or B manufactured home site.

Manufacturing, light, means manufacturing, processing creating, renovating, painting, cleaning, assembly of goods, merchandise, and equipment or other industrial uses which have all operations and storage within an enclosed structure.

Massage and bodywork therapy means systems of activity applied to the soft tissues of the human body for therapeutic, educational or relaxation purposes.

Massage therapy business means a use of land that offers massage and bodywork therapy as a principal or accessory use, and employs therapists licensed by the state board of massage and bodywork therapy.

Medical clinic means an establishment used for the care, diagnosis, therapy or counseling of sick, ailing, infirmed or injured persons or non-medical therapy and counseling on an outpatient basis.

Mini-storage means an establishment primarily engaged in renting or leasing space for self-storage, providing secure space where clients can store and retrieve their goods.

Mining. See Quarry.

Mobile home park means any lot or part thereof, or any parcel of land which is used or offered as a location for three or more mobile homes, regardless of whether or not a charge is made for such accommodations. For the purpose of this chapter, three or more adjacent lots in common ownership offered for rent shall be defined as a mobile home park.

Modular home means a single-family dwelling unit constructed in accordance with the standards set forth in the 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. It may consist of two or more sections transported to the site in a manner similar to a manufactured home, or a series of panels or room sections transported on a truck and erected, or joined together on the building.

Motel/hotel means any establishment that is engaged in providing short-term lodging in facilities and may offer food and beverage, recreational service, conference room and convention service, laundry and parking.

Nonconforming feature means a physical feature or characteristic of a use, building, structure or other development of land that was lawfully established prior to the effective date of the ordinance from which this chapter is derived or a subsequent amendments thereto, but does not conform to the development or design standards of this chapter that are applicable to such use, building, structure or development of land.

Nonconforming lot means a lot that was lawfully created prior to the effective date of the ordinance from which this chapter is derived or a subsequent amendment thereto, but does not conform to the minimum land area or lot width requirements established in article II of this chapter for the zoning district in which it is located.

Nonconforming use means a use of land, building or structures that was lawfully established prior to the effective date of this chapter or a subsequent amendment thereto, but does not conform to the use regulations of article III of this chapter for the zoning district in which it is located.

North Carolina Department of Transportation (NCDOT) means the state department of transportation.

Nursery/greenhouse means an establishment primarily engaged in growing nursery and floriculture products, including nursery stock, shrubbery, cut flowers, flower seeds, foliage plants under cover or in open fields, and/or growing short rotation woody trees with a growing and harvest cycle of ten years or less.

Nursing home means a structure designed or used for residential occupancy and providing limited medical or nursing care on the premises for occupants, but not including a hospital or mental health center.

Open space, common open space or recreation area means any space or area characterized by great natural scenic beauty or whose openness, natural condition, or present state of use, if retained, would enhance the present or potential value of abutting or surrounding development, or would maintain or enhance the conservation of natural or scenic resources; or any undeveloped or predominately undeveloped land that has value for one or more of the following purposes:

(1)

Park and recreational uses;

(2)

Conservation of land and other natural resources; or

(3)

Historic or scenic purposes.

Park/playground means facilities offering activities to groups or individuals which include, but are not limited to, swimming pools, pool houses, picnic shelters and tables, playgrounds, identifiable field sport areas, trails, field tracks, volleyball courts, basketball courts and tennis courts.

Parking, off-street, means space located outside of any street right-of-way or easement and designed to accommodate the parking of motor vehicles.

Passive open space or recreation area includes scenic resources, any undeveloped or predominately undeveloped land used for informal walking trails, picnic areas or similar uses. Active recreation areas include play fields, tot lots, tennis courts, swimming pools and similar active play uses. The following land uses or land areas cannot be used to meet open space requirements of this chapter:

(1)

Roads, road rights-of-way, driveways or parking areas.

(2)

Open areas within individual subdivision lots.

(3)

Small, narrow strips of land or other unusual land configurations that are not consistent with the objective of items in this definition.

Person means any person, firm, partnership, corporation, company or organization of any kind.

Place of worship means a structure in which persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship.

Planned unit development (PUD) means a residential, commercial, or combination of residential and commercial projects located on land under unified control, planned as a whole, and developed as a single development or in a definitely programmed series of units or stages of development according to comprehensive and detailed plans, with a program for the provision, operation, and maintenance of any areas. Improvements and facilities provided for the common use of the occupants or users of the development.

Planning board means the body appointed by the town council to develop and recommend long range development plans and policies, and advise the town council in matters pertaining to current physical development and zoning for the town planning jurisdiction.

Plant nursery. See Nursery/greenhouse.

Plat means a map, generally of a development showing the location boundaries and ownership of individual properties. A plat may simply be the device for officially recording ownership changes or lot divisions.

Preliminary plat means a map showing data for a proposed subdivision, developed for the purpose of showing the layout of lots and roads.

Printing/office supply means an establishment retailing new stationery, school supplies and office supplies, new and used office furniture and equipment, and providing photocopying, duplication, blueprinting and other copying services.

Public transportation means a means of conveyance that charges a fare or ticket for the transporting of people from one place to another. The term "public transportation" means any motor vehicle, horse-drawn vehicle or other vehicle or device designed or used for the transportation of passengers for hire, the charges for which are determined by agreement, mileage or by the length of time for which the vehicle is engaged. Included in this definition would be taxicabs, buses, vans or carriages.

Public works/utilities means a system for the provision to the public of piped water for human consumption.

Quarry/extraction of earth means an establishment primarily engaged in developing the mine site, mining or quarrying rough blocks and/or slabs of stone or mining/ quarrying crushed and broken stone and/or preparation plants primarily engaged in crushing, grindings, washing, and screening, pulverizing and sizing stone. Also the mining or removal of dirt.

Recreation facility means a nonprofit or commercially operated facility providing recreational activities indoor or outdoor.

Register of deeds means the county register of deeds.

Restaurant means an establishment primarily engaged in providing food services to patrons who order and are served while seated and pay after eating.

Riding stable means an establishment that provides for teaching riding lessons to groups or individuals and/or also the boarding, training and riding of horses.

Salvage yard means the reclamation, dismantling or storage of pre-used commodities, junk and similar material for the purpose of resale, processing, distribution or deposition.

School means a primary or secondary facility providing a curriculum of academic instruction.

Service station.

(1)

The term "service station" means a facility where gasoline, diesel fuel, oil, grease, and automotive accessories are supplied and dispensed to a motor vehicle trade. In addition, sales of automotive parts, tires and other automotive supplies may be rendered as well as minor repairs to vehicles and replacement of parts, which are made on site.

(2)

The term "service station" does not include those uses allowed under automotive repair.

Setback, interior, means the horizontal distance between the interior lot line of a zoning lot and any structure on such lot, measured perpendicular to the interior lot line.

Setback, street, means the horizontal distance between the street lot line of a zoning lot and any structure on such zoning lot measure perpendicular to the street lot line.

Shopping center means a commercial establishment planned, constructed and managed as a total entity with customer and employee parking provided on site, provision for goods delivery separated from customer access.

Sign means any device using words, lettering parts of letters, pictures, figures, numeral, phrases, sentences, emblems, devices, design trade names, or trademarks to inform or attract attention.

Sign, outdoor advertising (billboard), means any sign which advertises an establishment service, commodity, goods or entertainment sold or offered on premises other than that on which such outdoor advertising sign is located.

Special use means a use of land, buildings or structures that is identified in this chapter as a use that, because of its inherent nature, extent and external effects, requires special care in the control of its location, design and methods of operation in order to ensure protection of the public health, safety and welfare.

Special use permit means a permit issued by the town council authorizing the development of a zoning lot for a special use or planned unit development.

State means the State of North Carolina.

Storage means the deposition of commodities or items for the purpose of future use or safekeeping.

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

Street, arterial, means a street or road that functions primarily to serve through traffic movement. Limited land-parcel access service may be accommodated, but traffic controls and street design are intended to provide efficient through-traffic movement.

Street, collector, means a street or road that collects traffic from neighborhoods, public service areas, and districts. Such streets are intended to provide both through traffic and land-parcel access services in relatively equal proportions, often linking the local street system to the arterial street.

Street, local, means streets or roads that principally provide access to residential properties within subdivisions.

Street, private, means a street or road that is not dedicated as a public right-of-way, which is privately maintained, and may not be taken over for maintenance by the state.

Street, public, means a street consisting of a publicly dedicated right-of-way.

Structural alteration means any change, except for regular repair or replacement, in the supporting members of a structure, such as, but not limited to, bearing walls, columns, beams or girders.

Structure means anything constructed or erected which requires location on the ground or attachment to something having a fixed location on the ground, including, but not limited to, principal and accessory buildings, signs, fences, walls, monuments, bridges, flagpoles, antennas and towers.

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

Structure, principal, means a structure, or, where the context so indicates, a group of structures in or which is conducted the principal use of the lot on which such structure is located.

Temporary event means a use established for a fixed time period for short-term events. Uses may include, but are not limited to, religious tent revivals, seasonal farm/produce stands, holiday tree lots, carnivals and civic festivals.

Temporary use means a use established for a fixed period of time for a purpose which may not normally be permitted in a zoning district, or which does not meet all zoning requirements, but which is necessary in special situations. Examples include, but are not limited to, temporary manufactured homes, construction office trailers, etc.

Tire recapping means an establishment engaged in the merchant distribution of new and/or used tires and tubes for passenger and commercial vehicles.

Town council means the governing body of the town, as established in August 1996, effective August 1, 1996, and authorized by G.S. ch. 160A.

Townhouse means a dwelling unit under single ownership, constructed in a series or group of three or more attached units with separate entrances, and with property lines separating such units.

Townhouse development means a development of a zoning lot that consists of two or more dwelling units or buildings, each of which is located on its own individual lot, plus land developed and designated for the common use and benefit of the occupants of the townhouse lots, provided each entity is designated to be legally responsible for maintenance and control of the common areas.

Transmission towers and facilities means the use of land, buildings or structures for aboveground transmission and/or reception of airborne radio, television or microwave signals, including all transmitting and receiving towers, dishes and antennas.

Trucking terminal means an establishment primarily engaged in providing services to road network users.

Undeveloped land means a zoning lot on which no residential, commercial, office or industrial or other active use is taking place.

Use means the specific activity or function for which land, a building or a structure is designated, arranged, intended, occupied or maintained.

Use, conditional, means a use permitted on a zoning lot only after a conditional use permit has been issued by the board of adjustment or the planning board, where appropriate.

Variance means a relaxation of the strict terms of a specific provision of this chapter as authorized by the board of adjustment in accordance with the provisions of the chapter.

Veterinary hospital or clinic means an establishment used for the care, grooming, diagnosis, and treatment of sick, ailing or injured animals in need of medical or surgical attention.

Veterinary practice means an establishment primarily engaged in the practice of veterinary medicine, dentistry or surgery for animals.

Warehouse means a building or compartment in a building used and appropriated by the occupant for the deposit and safekeeping or selling of his own goods at wholesale, and/or for the purpose of storing the goods of others placed there in the regular course of commercial dealing and trade to be again removed and reshipped.

Waste management means any business engaged in collecting and/or hauling hazardous waste and or nonhazardous waste and/or recyclable materials within a local area.

Whole fuel storage means an establishment with bulk liquid storage facilities primarily engaged in the merchant wholesale distribution of crude petroleum and petroleum products.

Zoning lot means a legally subdivided lot, or a portion of a legally subdivided lot, shown on a legally recorded plat or deed, or a combination of such legally subdivided and recorded adjacent lots.

Zoning officer means the administrative official appointed by the town council to administer and enforce this chapter. All references in this chapter to the zoning officer shall be construed to mean the zoning officer or his designee.

Zoning permit means a permit issued by the town authorizing the recipient to make use of property in accordance with the requirements of this chapter.

(Ord. of 7-10-2006(2), § 204; Ord. of 6-9-2008(1), art. II; Ord. of 7-13-2009; Ord. of 8-20-2012(2), art. II)