For the purpose of interpreting this Ordinance, certain words, concepts and ideas are defined in the General Rules for Interpretation and Definitions Appendix A. When Appendix A provides a different meaning than the general dictionary, the definition provided by Appendix A and the specific Ordinance application of the term shall control. Except as defined herein, all other words used in this Ordinance shall have their everyday meaning as determined by their dictionary definition or based upon the definitions used in professionally accepted sources.

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 words "shall", "must", and "will" are mandatory, implying an obligation or duty to comply with the particular provision.

G.

The word "may" is permissive, except when the context of the particular use is negative, then it is mandatory (e.g., "may not").

H.

The word "should," whether used in the positive or the negative, is a suggested guideline.

I.

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

J.

The term "street" shall include the word "road".

K.

The words "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged" or "designed" to be used or occupied.

L.

The term "Zoning Map," shall mean the Official Zoning Map of Yadkinville, North Carolina.

M.

The term "Town Board" shall mean the Town Board of Commissioners of the Town of Yadkinville, North Carolina."

N.

The term "Planning Board" shall mean the Planning Board of the Town of Yadkinville, North Carolina.

O.

The term 'Board of Adjustment' shall mean the Board of Adjustment of the Town of Yadkinville North Carolina.

P.

The term "Administrator" shall mean the Administrator, Subdivision Administrator, Floodplain Administrator, or Zoning Administrator of the Town of Yadkinville, North Carolina.

Q.

The term "manager" or "Town Manager" shall mean the Town of Yadkinville, North Carolina.

R.

The term "County" shall mean Yadkin County, North Carolina.

S.

The term "State" shall mean the State of North Carolina.

T.

Any reference to a section shall mean a section of the Yadkinville Development Ordinance, unless otherwise specified.

U.

The term "Ordinance" shall be synonymous and refer to the Yadkinville Development Ordinance.

V.

For purposes of interpreting this ordinance, certain words, concepts, and ideas are defined in Section A.4. Except as defined herein, all other words used in this ordinance shall follow the dictionary definition.

Below is a list of acronyms and abbreviations and their meanings found throughout the Code. Zoning district abbreviations can be found in Section 3.1.

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ADA: Americans with Disabilities Act.

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BFE: Base Flood Elevation.

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BOA: Board of Adjustment.

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BOC: Board of Commissioners.

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CZ: Conditional Zoning.

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CTP: Comprehensive Transportation.

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DBH: Diameter at Breast Height.

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DUA: Dwelling Units per Acre.

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ETJ: Extraterritorial Jurisdiction.

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FEMA: Federal Emergency Management Agency.

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FBFM: Flood Boundary and Floodway Map.

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FIRM: Flood Insurance Rate Map.

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HOA: Homeowners Association.

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NAICS: North American Industrial Classification System.

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NC: North Carolina.

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NCDEQ: North Carolina Department of Environmental Quality.

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NCDOT or DOT: North Carolina Department of Transportation.

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NC GS or GS: North Carolina General Statute.

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NFIP: National Flood Insurance Program.

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PB: Planning Board.

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ROW: Right-of-way.

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RPO: Rural Planning Organization.

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SF or Sq. Ft.: Square Ft.

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SR: Secondary Road in the North Carolina Secondary Road System.

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TIA: Traffic Impact Analysis.

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TRC: Technical Review Committee.

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US: United States of America.

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USGS: United States Geological Survey.

A.

The following rules apply to fractional numbers unless otherwise expressly stated below:

1.

Minimum requirements. When a regulation is expressed in terms of a minimum requirement, any fractional result of 0.5 or more must be rounded up to the next consecutive whole number.

2.

Maximum limits. When a regulation is expressed in terms of maximum limits, any fractional result will be rounded down to the next lower whole number.

B.

Parking space computation. Rounding when computation of the number of parking spaces results in a fraction, the fraction shall be rounded up to the next whole number.

C.

Density computation. Rounding when computation of density results in a fraction, the fraction shall be rounded down to the next lowest whole number.

In the event of a conflict or inconsistency between the text of this Ordinance and any heading, caption, figure, illustration, table, or map, the text shall control. Graphics and other illustrations are provided for informational purposes only and should not be relied upon a s complete and accurate description of all applicable regulations or requirements.

ABANDONED. A use shall be deemed to be abandoned when: a) the use is physically and objectively discontinued [other than in association with the settlement of an estate or for any use which is seasonal in nature]; or b) the premises are devoted to another use; or c) the characteristic equipment and furnishings of a nonconforming nonresidential use have been physically removed from the premises and have not been replaced by the same or similar equipment within thirty days. All of the above events are considered abandonment, regardless of the intent of the owner, lessee or occupant and regardless of any circumstances beyond the control of such parties that prevent continuation of the use.

ABUTTING. The condition of 2 parcels of land having a common property line or boundary, including cases where 2 or more parcels of land adjoin at a corner, but not including cases where parcels of land are separated by a street or alley.

ACCESS. The right or ability of pedestrians, vehicles, and boats to enter and leave property.

ACCESS EASEMENT. An easement which grants the right to cross land.

ACCESSORY BUILDING. A detached building, the use of which is customarily or typically subordinate to that of the principal building and which is located on the same lot as the principal building.

ACCESSORY COMMUNICATION ANTENNAE. An antennae configuration that is attached to a building water tower, or other existing structure where the communication facility is customarily incidental to the main or principal building or structure.

ACCESSORY DWELLING UNIT. A secondary dwelling unit established in conjunction with and clearly subordinate to a primary dwelling unit, whether a part of the same structure as the primary dwelling unit or a detached dwelling unit on the same lot.

ACCESSORY STRUCTURE. A detached subordinate or incidental structure, the use of which is incidental to the principal structure and which is located on the same lot as the principal structure.

ACCESSORY USE. A use that is customarily or typically subordinate to the principal use of land or buildings; and is located on the same lot as the principal use or building.

ADAPTIVE REUSE. The rehabilitation, reconstruction or renovation of existing buildings or structures for any use other than its current use.

ADDITION. An extension or increase in floor area or height of a building or structure.

ADJACENT/ABUTTING PROPERTY. This term shall mean anything that is contiguous or abutting with the assumption that railroads, roads, and other rights-of-way do not exist, unless the right-of-way is greater than 100 feet wide.

ADMINISTRATIVE DECISION. Decisions made in the implementation, administration, or enforcement of development regulations that involves the determination of facts and the application of objective standards set forth in NC GS 160D or the Town of Yadkinville development regulations.

ADMINISTRATOR. The person appointed by the Town Manager charged with interpreting, applying and enforcing the provisions of this Ordinance. The Administrator may be referred as "Zoning Administrator", "Subdivision Administrator", "Zoning Enforcement Officer", "Planning Director", "Planning Department", or "Planning Staff".

ADULT BUSINESS. Any principal or accessory structure or use of land which meets the definition of adult establishment as set forth in NC GS 14-202.10 et seq., but excluding massage therapy.

AFFECTED PARTY. Owners of land adjoining the land subject to an application and any other person who could suffer an adverse effect to a property interest from a proposed development.

AGGRIEVED PARTY. A person with a legally recognized interest (i.e., fee simple ownership) and standing to appeal, that is injuriously affected by a decision from any decision-making body of the Town, including any officer or agent of the Town.

AGRICULTURAL USE. NC GS 106-581.1, defines the terms "agriculture," "agricultural," and "farming" to include the following activities:

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The cultivation of soil for production and harvesting of crops, including fruits, vegetables, sod, flowers, and ornamental plants;

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The planting and production of timber;

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Dairying and the raising, management, care, and training of livestock, including horses, bees, poultry, deer, elk, and other animals for individual and public use, consumption, and marketing;

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Aquaculture;

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The operation, management, conservation, improvement, and maintenance of a farm and the structures and buildings on the farm, including building and structure repair, replacement, expansion, and construction incident to the farming operation; and

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When performed on the farm, the marketing and selling of agricultural products; agritourism; the storage and use of materials for agricultural purposes; and packing, treating, processing, sorting, storage, and other activities performed to add value to crops, livestock, and agricultural items produced on the farm.

AIRPORT AND HELIPORT. Landing fields, parking and service facilities, passenger and baggage terminals, and related facilities for the operation, service, fueling, repair, storage, charter, sales, and rental of aircraft. The word aircraft shall include fixed-wing as well as rotary-wing craft.

ANIMAL SERVICES. Any facility used for the purpose of giving licensed medical treatment to animals or pets or any other treatment of animals, such as boarding, or selling of pet supplies. This use may include indoor or outdoor kennels as shown in the Permitted Uses Table.

ALLEY. A service roadway, typically located to the rear of a property, providing a secondary means of access to that property or adjacent properties.

ALTERATION. A change in the size, configuration, or location of a structure; or a change in the use of a structure or lot from a previously approved or legally existing use.

ALTERNATIVE DESIGN PROPOSAL. A request to deviate from the requirements of Article 4 or 5 of this Ordinance in regards to landscaping, parking, infrastructure or building design due to unique site circumstances or creative design proposals, provided that the intent of this Ordinance is met, subject to the procedures of Section 2.2.9.

AMENDMENT (MAP OR TEXT). Any change by the Town Board of Commissioners to the text of these regulations or the official zoning maps.

AMORTIZATION. A provision requiring a non-conformance to either become conforming or be removed within a set period of time, otherwise known as the amortization period.

APPEAL. A request for the review of an Administrator determination in relationship to the interpretation of this Ordinance subject to the statuary requirements set forth in Section 2.2.7 of this Ordinance.

APPLICANT. Any person seeking approval under these regulations for any form of development or use of land.

APPLICATION. The completed form or forms and all accompanying documents, exhibits, and fees required of an applicant by the appropriate Town department or board as part of the development review processes.

ARCHITECT. A person licensed to practice architecture in the State of North Carolina.

ARCADE OR COLONNADE. An architectural element that has columns or piers supporting a row of arches, often with a covered roof. Piers are rectangular vertical support structures. If the structure has columns or piers but does not have arches, it's called colonnade.

ARENA. A structure or facility designed and intended to be used primarily for athletic events and containing seating for spectators of those events, but not including a raceway or drag strip.

ARTICULATION, HORIZONTAL. An architectural technique to give provide visual interest and human scale along the horizontal wall plate of a building.

ARTICULATION, VERTICAL. An architectural technique to give emphasis to the height of a building and provide visual interest along the vertical wall plane of a building.

ARTIFICIAL OBSTRUCTION. Any object or material which is not a natural obstruction, including any which, while not a significant obstruction in itself, is capable of accumulating debris and thereby reducing the flood-carrying capacity of a stream.

ARTIST OR CRAFTSMAN STUDIO. An establishment where objects or artwork are created one at a time, by hand. Such creation includes, but is not limited to, woodworking, tinsmithing, silversmithing, pottery throwing, glass blowing, painting, weaving, caning, metal working, and sculpting.

ASPHALT PLANTS, MIXING PLANTS (CONCRETE AND ASPHALT). A facility preparing asphalt and/or concrete mixtures for street and driveway paving, including contractors engaged in asphalt and/or cement work. This definition includes poured concrete foundation and structure contractors, and asphalt paving mixture and block manufacturing.

AUCTION HOUSE. Any establishment where items are sold at auction to the highest bidder.

AUDITORIUM, ASSEMBLY HALL. A room, hall, or building, that is a part of a church, theater, school, recreation building, or other building assigned to the gathering of people as an audience to attend lectures, theatrical, musical or other presentations.

AUTHORIZED AGENT. A person with express written consent to act upon another's behalf.

AUTOMATIC TELLER MACHINE (ATM). A type of banking and financial services facility with automated or self-service banking features with no staff or personnel provided.

AUTOMOTIVE SALES OR RENTAL. Any use where automobiles other motor vehicles (excluding boats and recreational vehicles) are displayed for the purpose of sale or lease.

AUTOMOTIVE SERVICES. An establishment engaged in providing mechanical, automotive, fuel, maintenance, and repair services. This definition includes gas stations, service stations, motor vehicle repair, and car washes. Outdoor storage associated with such uses may be permitted as indicated in the Permitted Uses Table. This does not include boat and recreational vehicle (RV) services.

AWNING. A structure made of canvas, metal, or other material supported by a frame and often foldable that is placed over a storefront, doorway, or window, but not a canopy.

BANKING AND FINANCIAL SERVICES. A facility engaged in deposit banking or extending credit in the form of loans, excluding brokers, financial planners, credit counselors and similar uses that are located in professional offices.

BANNER. A temporary sign of lightweight fabric or similar material which is rigidly mounted to a pole or a building by a rigid frame at two or more opposite sides. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

BANQUET AND EVENTS FACILITIES. A facility for lease for private parties. Such facilities may or may not provide catering, photography, or similar services associated with private parties, weddings, birthdays and similar occasions.

BASEMENT. An area of a building with a floor located partially below grand level.

BED AND BREAKFAST INN. A residential building providing for temporary overnight lodging and breakfast for overnight guests. This use does not include banquet and events facilities.

BERM. An elongated earthen mound landscape feature designed and constructed on a site to provide visual interest, screen adjacent uses and/or views, and/or decrease noise.

BEST MANAGEMENT PRACTICES (BMPS). (Applies only to the watershed overlay district) A structural or non-structural management-based practice used singularly or in combination to reduce non-point source input to receiving waters in order to achieve water quality protection goals.

BEST MANAGEMENT PRACTICES, NON-STRUCTURAL. Non-structural BMPs are non-engineered methods used to control the amount of non-point source pollution. These may include land-use controls and vegetated buffers.

BEST MANAGEMENT PRACTICES, STRUCTURAL. Structural BMPs are engineered structures that are designed to reduce the delivery of pollutants from their source or to divert contaminants away from the water supply.

BILLIARDS, POOL ROOMS. Commercial indoor recreational establishments that provide more than two (2) pool tables for the playing of billiards, pool and similar games.

BLOCK. The land lying within an area bounded on all sides by streets.

BOARD, PLANNING. An appointed advisory board to the Town Board of Commissioners to be tasked with the duties set forth in NC GS 160D-301.

BOARD OF ADJUSTMENT. An appointed review board tasked with the duties set forth in NC GS 160D-302 and [160D-]705 to make quasi-judicial decisions upon appeals, variances and Minor Special Use Permits.

BOARD, TOWN (TOWN BOARD OF COMMISSIONERS). The elected governing body of the Town of Yadkinville established by its Charter to perform the legislative duties of the municipality as set forth in NC GS 160A.

BOARDING OR ROOMING HOUSE. A dwelling, or part thereof, in which lodging is provided to more than two (2) guests on a long-term basis and where the rooms rented neither individually nor collectively constitute separate dwelling units.

BOAT AND RV SALES. An establishment that boats and/or recreational vehicles for sale or lease.

BOAT AND RV SERVICES. An establishment that offers the repair, customization, refurbishment, or storage of boats and/or recreational vehicles.

BODY ART ESTABLISHMENT. A business that provides tattooing and/or body piercing services.

BONA FIDE FARM. A farm whose purposes include the production of, and activities set forth in NC GS 160D-903 relating or incidental to the production of, crops, fruits, vegetables, ornamental and flowering plans, dairy, livestock, poultry and all other forms of agricultural products having a domestic or foreign market. Activities incidental 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 structure sheltering or supporting the farm use and operation. A building or structure that is used for agritourism is a bona fide farm purpose if the building or structure is located on a property and meets the criteria set forth in NC GS 160D-903. However, NC GS 160D-903 does not limit zoning regulation with respect to the use of farm property for nonfarm purposes. Any of the following shall constitute sufficient evidence that the property is being used for bona fide farm purposes:

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

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

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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.

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A forest management plan.

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A Farm Identification Number issued by the United States Department of Agriculture Farm Service Agency.

BROADCAST TOWERS. A facility primarily engaged in providing radio and television broadcasting but excluding those uses classified as wireless telecommunications towers or utilities.

BUFFER. An area of natural or planted vegetation adjoining or surrounding a use and unoccupied in [its] entirety by any building, structure, paving or portion of such use, for the purposes of screening and softening the effects of the use, no part of which buffer is used for recreation or parking.

BUFFER, PERIMETER LANDSCAPING. Vegetative material and structures (i.e., wall, fences) that are used to separate uses from each other as required by this Ordinance.

BUILD-TO LINE. A line extending through a lot which is generally parallel to the front property line and marks the location from which the principal vertical plane of the front building elevation must be erected; intended to create an even building façade line on a street. The build-to line is established on the record plat (final plat).

BUILDING. A temporary or permanent structure having a roof and walls, and which can be used for the shelter, housing, or enclosure of persons, animals, or goods, provided that, however, the term "building" shall not mean nor be construed so as to include a container..

BUILDING AREA. The area of a zoning lot remaining after the minimum setback requirements of this ordinance have been satisfied.

BUILDING ELEVATION. A fully dimensioned drawing of the exterior front, side or rear of a building showing architectural features such as windows, doors and roof lines, and which may also contain information regarding exterior materials, colors, and fixtures.

BUILDING FOOTPRINT. The outline of the total area covered by a building's exterior walls at the ground level.

BUILDING HEIGHT. See "Height, Building."

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

BUILDING MODULATION. The varying of the footprint of a building by projecting or recessing portions of the façade from the base plane of the building wall.

BUILDING OCCUPANCY. The use(s) or tenant(s) located within a building.

BUILDING PRESENTATION. The direction of the architectural front façade of a building in relation to the street or public space.

BUILDING, PRINCIPAL. See "Principal Structure."

BUILDING SITE. (See also "Development.") An area of land or property where development is undertaken. A building site may consist of one (1) or more legal parcels of land and shall be defined to include any and all such parcels developed with uses operating under a coordinated management or use strategy regardless of when such parcels were developed.

BUILDING WALL. The entire surface area, including windows and doors, of an exterior wall of a building.

BUILT-UPON AREA. Built-upon area shall include that portion of a development project and/or lots that are covered by impervious or partially impervious cover including buildings, pavement, gravel areas (e.g., roads, parking lots, paths), recreation facilities (e.g., tennis courts), etc. (NOTE: Wooden slatted decks and the water area of a swimming pool are considered pervious).

BUSINESS KIOSK. A walk-up or drive-through self-service unit that provides convenience-type services including but not limited ice vending, movie rental, and household propane tanks.

BY RIGHT. Land uses that are permitted in a zoning district without requiring a special use review.

CALIPER. Measurement for determining the size of trees at time of planting. Caliper is the quantity in inches of the diameter of trees measured at 6 inches above the ground.

CAMPGROUND. Any lot or parcel of land used or intended to be used for the accommodation of two (2) or more recreational vehicles or non-vehicle campers for transient dwelling purposes or recreational camping.

CANOPY. A permanent structure other than an awning, made of cloth, metal or other material attached or unattached to a building for the purpose of providing shelter to patrons or automobiles, or as a decorative feature on a building wall. A canopy is not a completely enclosed structure.

CANOPY TREE. A species of tree which normally grows to a mature height of thirty-five feet or more with a minimum mature crown width of thirty feet and meets the specifications of the American Standards for Nursery Stock published by the American Nurserymen Association.

CARPORT. An attached or detached roofed structure enclosed on not more than two (2) sides and used for the parking of motor vehicles.

CAR WASH. A motor vehicle services facility for the washing of motor vehicles.

CEMETERY. Land and facilities, including offices and chapels, used for the burial of the dead. Such a facility includes any burial ground, mausoleum, or columbarium operated by a cemetery company and meeting licensing requirements of the state.

CERTIFICATE OF COMPLIANCE. A certificate issued by the Administrator setting forth that a lot, building, structure, or use complies with this Ordinance and that the same may be used for the purposes stated therein.

CERTIFICATE OF NONCONFORMITY ADJUSTMENT. An approval issued by the Board of Adjustment to enlarge, expand, or otherwise alter a nonconforming use or structure subject the standards of Section 2.2.8 and Article 7 of this Ordinance.

CERTIFICATE OF OCCUPANCY. A certificate issued by the County building inspector setting forth that a building, structure, or use complies with all North Carolina State Building Codes in effect within the Town's jurisdiction.

CHANGE OF USE, MINOR. A change in the use of a structure or land from one use to another use within the same category as listed in the Table of Uses. For example, a change from a "Retail Use" to a "Restaurant" within the Retail and Wholesale Uses category is a minor change of use.

CHANGE OF USE, SUBSTANTIAL. A change in the use of a structure or land from one use category to another use category. For example, a change from a "Professional Office" in the Office and Service Uses category to a "Retail Use" in the Retail and Wholesale Uses category is a significant change of use.

CHURCH OR RELIGIOUS INSTITUTION. A facility of a church, temple, synagogue, or other non-profit religious organization operated for worship and which may include religious training or study.

CHILD CARE CENTER. Any day-time care arrangement for six (6) or more pre-school age children and/or four (4) or more school-aged children who receive care away from their primary residence by persons other than their parents, children, grandparents, aunts, uncles, brothers, sisters, first cousins, nieces, nephews, guardians, or full-time custodians, where care is provided on a regular basis at least once per week for more than four (4) but less than twenty-four hours per day.

CHILD CARE HOME. A type of customary home occupation that provides day-time care for five (5) or fewer pre-school age children and/or three (3) or fewer school-aged children who receive care away from their primary residence by persons other than their parents, children, grandparents, aunts, uncles, brothers, sisters, first cousins, nieces, nephews, guardians, or full-time custodians, where care is provided on a regular basis at least once per week for more than four (4) but less than twenty-four hours per day.

CIVIC USE. A land use related to government or community functions. Examples include government offices, libraries, and community centers.

CLINIC. An establishment where patients are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, psychologists, social workers, or other medical personnel and are not lodged overnight.

CLUB, PRIVATE. A for-profit establishment as defined in N.C.G.S. 18B-1000 (5) which holds an ABC permit from the State of North Carolina. Music, dancing and similar activities may also take place. This definition does not include those establishments that meet the definition of an adult business.

CLUB, SOCIAL, FRATERNAL, PHILANTHROPIC CLUBS AND LODGES. An establishment that is organized and operated solely for a social, recreational, patriotic, or fraternal purpose and that is not open to the general public, but is open only to the members of the organization and their bona fide guests. This provision does not, however, prohibit such an establishment from being open to the general public for raffles and bingo games as required by NC GS 14-309.11(a) and NC GS 14-309.13.

COLLECTOR STREET. See "Street Classifications."

COLLEGE OR UNIVERSITY. An institution of higher education offering undergraduate and/or graduate degrees.

CO-LOCATION. The siting of two (2) or more separate operator's wireless antennas on the same support structure.

COMMERCIAL MESSAGE. A sign working, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.

COMMUNITY OUTREACH OFFICE. An auxiliary or supplemental office facility for non-profit organizations from which to provide general counseling and training services within a specific neighborhood area for individuals and families within close proximity of the facility. Services not allowed include operation of food or clothing pantry's, place of assembly, daycare, family care home or shelter as defined elsewhere in the ordinance.

COMPREHENSIVE PLAN. The comprehensive plan, land-use plan, small area plans, neighborhood plans, transportation plan, capital improvement plan, and any other plans regarding land use and development that have been officially adopted by the governing board.

CONDITIONAL ZONING. A legislative zoning map amendment with site-specific conditions incorporated into the zoning map amendment.

CONDOMINIUM. A development containing individually owned dwelling units and jointly owned and shared areas and facilities that is subject to the North Carolina Unit Ownership Act (North Carolina General Statutes Section Ch. 47A) and/or the North Carolina Condominium Act (North Carolina General Statutes Section Ch. 47C).

CONSERVATION DEVELOPMENT. Residential subdivisions that are characterized by large areas of dedicated common open space and clustered compact lots. The purpose of a conservation development is to protect farmland, open space and/or natural resources while allowing for a maximum number of residences, consolidated infrastructure and reduced development costs.

CONSTRUCTION. The erection of any building or structure or any preparations (including land disturbing activities) for the same.

CONTAINER. For the purposes of this Ordinance, container shall mean any portable storage container, or a standardized shipping container used for intermodal freight transport. A standardized shipping container is also known as a cargo or freight container, International Standards Organization (ISO) container, intermodal container, shipping container, or sea or ocean container which sometimes called a Conex container or box.

CONTIGUOUS AREA. Any area which abuts directly on a subject property or is separated from the subject property only by a street or the right-of-way of a railroad or other utility or public service corporation.

CORNER LOT. See "Lot, Corner."

CORRECTIONAL FACILITY. A jail or other institutional facility used to confine or provide treatment or rehabilitation to those accused of violations of criminal laws, including facilities for persons who are participating in supervised work-release programs, whether such facilities provide confinement for all of each twenty-four hour period or only a portion thereof; but not including temporary holding facilities that are accessory to a police station or court facility.

CREMATORY. An establishment either part of or separate from a funeral home or veterinary services establishment that contains a furnace for the purpose of cremating the bodies of deceased persons or animals.

CRITICAL ROOT ZONE. The area under a tree, which includes all land within the drip-line of the tree. The drip-line is measured by a vertical line extending from the outermost portion of a tree's canopy to the ground.

CROSS-ACCESS. Vehicular access provided between the vehicular use areas of 2 or more development sites or parcels of land intended to allow travel between the sites without the use of a public or private street.

CUL-DE-SAC STREET. A short minor street having one end open to traffic and the other permanently terminated by a vehicular turnaround.

CUPOLA. A domelike or tower structure on a roof or dome, serving as a belfry, lantern or belvedere.

CUT-OUT LETTER LIGHTING. Lighting so arranged on a sign that only the outlines of letters, numerals, or symbols are illuminated from an internal lighting source while the remainder of the sign is covered with nontransparent materials that prevent illumination.

DECIDUOUS. A plant or tree with foliage that is shed annually.

DECK. A structure, without a roof, directly adjacent to a principal building which has an average elevation above finished grade.

DEED RESTRICTION. A restriction on the use of a lot or parcel of land that is set forth in the deed and recorded with the county register of deeds. Also known as a restrictive covenant.

DENSITY, RESIDENTIAL. The number of residential dwelling units per acre of land, determined by dividing the number of dwelling units by the total number of acres in the parcel to be developed.

DETENTION STRUCTURE. A permanent structure designed for the temporary storage of stormwater runoff in order to reduce the peak rate of discharge from a site.

DEVELOPER. A person, including a governmental agency or redevelopment authority, who undertakes any development and who is the landowner of the property to be developed or who has been authorized by the landowner to undertake development on that property.

DEVELOPMENT. The carrying out of any building activity, the making of any material change in the use or appearance of any structure or land, or the subdividing of land into two (2) or more parcels. For the purposes of these regulations, the following activities or uses shall be considered "development":

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The construction, reconstruction, alteration of the size, or material change in the external appearance of a structure on land or water;

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The initiation or substantial change in the use of land or the intensity of use of land;

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The subdivision of land as defined in NC GS 160D-802;

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Alteration of the shore or bank of a pond, lake, river, or other waterway;

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Commencement of drilling (except to obtain soil samples), mining, or excavation on a parcel of land;

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Grading, filling, paving, excavation, or other land disturbing activity; or

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Deposit of refuse, solid or liquid waste, or fill on a parcel of land.

"Development" includes all other activity customarily associated with it. When appropriate to the context, "development" refers to the act of developing or to the result of development. Reference to any specific operation is not intended to mean that the operation or activity when part of other operations or activities is not development. Reference to particular operations is not intended to limit the generality of this definition. For the purposes of these regulations the following operations or uses shall not be considered "development"; some may, however, require a zoning permit:

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Work involving the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the color or decoration of the exterior of the structure or interior alterations that do not change the use for which the structure was constructed;

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Work involving the maintenance or replacement of existing landscaped areas and existing rights-of-way;

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A change in use of land or structure from a use within a specified category of use to another use in the same category;

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A change in the ownership or form of ownership of any parcel or structure;

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The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land, or other rights in land unless otherwise specifically required by law;

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The clearing of survey cuts or other paths of less than four (4) feet in width; or

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Timbering or silviculture activity that does not involve land disturbing activity.

DEVELOPMENT, MULTIFAMILY RESIDENTIAL. A classification of housing on a common lot or development site where multiple separate housing units for residential inhabitants are contained within one building or several buildings within one complex. Units can be next to each other (side-by-side units) or stacked on top of each other (top and bottom units). Common forms of multifamily residential development include apartment buildings, townhomes, duplexes, and condominiums.

DIAMETER AT BREAST HEIGHT (DBH). The measurement of the diameter of an existing semi-mature or mature tree trunk measured at four and one-half feet above the existing ground, on the uphill side of the tree. Trees with multiple trunks should be treated as multiple trees and the DBH for each trunk added to aggregate diameter measurement..

DISTURBED AREA. An area subject to erosion due to the removal of vegetative cover and/or earthmoving activities.

DITCH. A manmade, open drainageway into which surface water or groundwater from land, stormwater runoff, or floodwaters flows either continuously or intermittently.

DORMER. A projecting structure built out from a sloping roof, usually housing a vertical window or ventilating louver.

DORMITORY. A building containing bathroom facilities available for common use by the residents of the building, which is occupied or intended to be occupied as the dwelling for more than six persons who are not related by blood, marriage, or adoption but who are enrolled in, affiliated with, or employed by the same educational, religious, or health institution and which is co-located with and subordinate to such institution. "Dormitory" shall not include a boarding house, motel, hotel, group home, or health institution.

DOUBLE FRONTAGE LOT. See "Lot, Double Frontage."

DRAINAGE EASEMENT. An easement with grants the right to maintain, relocate, or utilize land within the easement for the improvement of drainage and stormwater flow.

DRAINAGEWAY. A natural or manmade channel that carries surface runoff from precipitation.

DRIVEWAY. An accessway providing access to parking areas, garages, dwellings, drive-up windows, or other similar features.

DRIVE-THROUGH/DRIVE-IN USE. A customer service facility located within the principal structure as an accessory to an office or retail establishment which is intended to enable the customer to transact business with a sales or service representative located within the principal structure without exiting the motor vehicle.

DRY CLEANING AND LAUNDRY SERVICES. A building, portion of a building, or premises used for the collection and distribution of dry cleaning or the cleaning of fabrics, textiles, wearing apparel, or articles of any sort without the immersion of such articles in volatile solvents including, but not limited to petroleum distillates, and/or chlorinated hydrocarbons and any process incidental thereto. It is intended that uses in this category shall not pose a significant threat to the health and safety of the public or adjacent uses and that such may legally discharge all liquid waste into a public sanitary sewer or private septic system.

DWELLING. Any building, structure, manufactured home or mobile home, or part thereof used and occupied for human habitation or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith, except that for purposes of Article 12 of NC GS 160D (Minimum Housing Codes) it does not include any manufactured home, mobile home or recreational vehicle if used solely for a seasonal vacation purpose, and shall not include any container.

DWELLING, TWO-FAMILY. A residential building which contains two (2) dwelling units for two (2) family units and which occupies one (1) lot. Also known as a duplex.

DWELLING, MULTIFAMILY RESIDENTIAL. A residential building which contains three (3) or more attached dwelling units located on the same lot of record.

DWELLING, SINGLE-FAMILY. A detached residential building which contains one (1) dwelling unit for one (1) family unit and which occupies its own lot of record. This term includes modular housing units built to North Carolina Building Standards but does not include manufactured housing.

DWELLING, TOWNHOME. An residential building for one (1) family unit, attached to one (1) or more residential buildings located on their own lots of record. Also known as a townhouse.

EASEMENT. A grant of one or more of the property rights for a specific purpose by the property owner to, or for the use by, the public, a corporation, another person, or other entity.

EASEMENT, NEGATIVE ACCESS. An easement, which allows no driveway or other vehicles, access to a lot from an adjacent public street.

ELECTRONIC GAMING OPERATIONS. Any business enterprise, whether as a principal or an accessory use, where persons utilize electronic machines, including, but not limited to computers and gaming terminals, to conduct games of chance or games of skill, including sweepstakes, 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 or skill. The term includes, but is not limited to internet sweepstakes, internet sweepstakes café, video sweepstakes, or cybercafés, which have a finite pool of winners. This does not include any lottery endorsed by the State of North Carolina, or any nonprofit operation that is otherwise lawful under state law, such as, for example, church or civic fundraisers.

ELEVATION. The front, side, or rear of a structure.

EMERGENCY SERVICES. Government or institutional organizations that respond to emergency situations. These organizations generally provide police, EMT/EMS, ambulance, and firefighting services.

EMERGENCY SHELTER. A facility providing temporary housing for one or more individuals who are temporarily or permanently homeless due to disaster, evacuation or other similar civil emergency.

ENGINEER. A Professional Engineer (PE) is a person licensed to practice engineering in the State of North Carolina.

ENTERTAINMENT USE. A land use primarily intended for entertainment, amusement, events, or recreation. Examples include theaters, banquet and events facilities, and indoor recreation facilities, such as bowling and skating, and outdoor recreation facilities such as batting cages and water parks.

EQUESTRIAN USE. An establishment where horses are boarded and cared for, where instruction in riding, jumping, and showing is offered, or where horses may be hired for riding.

EVERGREEN. A plant or tree with foliage that persists year-round.

EXISTING DEVELOPMENT. (Applies only to the Watershed Protected Area) Existing development means projects that are built or projects that at a minimum have established a vested right under North Carolina zoning law as of the effective date of the adoption of water supply watershed regulations based on at least one of the following criteria:

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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

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Having an outstanding valid building permit; or

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Having an approved site specific or phased development plan.

For projects that require a state permit, such as landfills, NPDES wastewater discharges, land application of residuals and road construction activities, existing development shall be defined as those projects that are built or those projects for which a state permit was issued prior to adoption of watershed protection regulations.

EXISTING LOT OF RECORD. A lot which is part of a subdivision, a plat of which has been recorded in the office of the register of deeds prior to the adoption of this ordinance, or a lot described by metes and bounds, the description of which has been so recorded prior to the adoption of this ordinance.

EXTERIOR FEATURES. The architectural style, general design, and general arrangement of the exterior of a structure, including the kind, texture, and color of building materials, the size and scale of the building, and the type and style of all windows, doors, light fixtures, signs, and other appurtenant fixtures, and including the landscaping and natural features of the parcel containing the structure.

EXTRATERRITORIAL JURISDICTION (ETJ). The area up to one (1) mile outside of the Town limits in which the Town may exercise zoning and subdivision regulation authority subject to NC GS 160D-202.

FAÇADE. Any front, side, or rear exterior wall of a building extending from grade to the top of the parapet, wall, or eaves that is exposed to public view.

FAMILY UNIT. One or more persons related by blood, adoption, or marriage, and their foster parents, or children, or stepparents, or stepchildren, living together in a single dwelling unit; or no more than four (4) adult persons, eighteen (18) years or older, and their children or stepchildren under eighteen (18) years of age, living together in a single dwelling unit, though not all related by blood, adoption, or marriage; and such domestic servants as are employed on the same premises. A family may include five (5) or fewer foster children placed in a family foster home licensed by the State of North Carolina. The term family shall not be construed to include any group of persons living together as a fraternal, sororal, social, honorary, or professional organization. For the purposes of this definition, the following persons shall be considered related by blood: (A) any relative of the head of household or of the spouse (whether living or dead) of the head of household to the third degree of collateral kinship, or to any degree of lineal kinship, as defined in State law; and, (B) a parent or child by adoption, marriage, or legitimization of any person (including the head of household or spouse of the head of household) described in (A) above; and, (C) a dependent, as defined in State law, of any person described in (A) or (B) above.

FAMILY CARE HOME. A facility subject to NC GS 168-22 that is licensed by the State of North Carolina as a family care home with support and supervisory personnel that provide room and board, personal care, and habilitation services in a family environment in a single housekeeping unit for not more than six (6) resident persons, 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. "Dangerous to others" means that within the relevant past, the individual has inflicted or attempted to inflict or threatened to inflict serious bodily harm on another, or has acted in such a way as to create a substantial risk of serious bodily harm to another, or has engaged in extreme destruction of property; and that there is a reasonable probability that this conduct will be repeated. Previous episodes of dangerousness to others, when applicable, may be considered when determining reasonable probability of future dangerous conduct. Clear, cogent, and convincing evidence that an individual has committed a homicide in the relevant past is prima facie evidence of dangerousness to others.

FARMERS' MARKET. The seasonal selling or offering for sale at retail of vegetables or produce, occurring in a pre-designated area, where the vendors are generally individuals who have raised the vegetables.

FACILITY. The buildings or other man-made improvements associated with a land use.

FENCE. A physical barrier or enclosure consisting of wood, stone, brick, block, wire, metal, or similar materials used as a boundary or means of protection or confinements, but not including a hedge or vegetation.

FENESTRATION. The design and positioning of windows and doors in a building or structure.

FLAG. A piece of durable fabric of distinctive design attached to a permanent pole, that is used as a symbol or decorative feature which represents a country, state, or other political subdivision.

FLEA MARKET. An occasional or periodic market held in an open area or structure where goods are offered for sale to the general public by individual sellers who rent or otherwise reserve booths or spaces from the market organizer or property owner.

FLOATING ZONING DISTRICT. A floating zone is a zoning district that delineates conditions which must be met before that zoning district can be approved for an existing piece of land. Rather than being placed on the zoning map as traditional zones are, the floating zone is written as an amendment in the zoning regulations. Thus, the zoning district "floats" until a development application is approved, when the zone is then added to the official zoning map. Floating zones can be used to plan for future land uses that are anticipated or desired in the community, but are not confirmed, such as planned residential or mixed-use developments, and affordable housing developments.

FLOOD DAMAGE PREVENTION DEFINITIONS

Accessory structure (appurtenant structure). A structure which is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Garages, carports and storage sheds are common urban accessory structures. Pole barns, hay sheds and the like qualify as accessory structures on farms, and may or may not be located on the same parcel as the farm dwelling or shop building.

Addition (to an existing building). An extension or increase in the floor area or height of a building or structure.

Appeal. A request for a review of the Floodplain Administrator's interpretation of any provision of Flood Damage Prevention Regulations.

Area of Special Flood Hazard. See "Special Flood Hazard Area (SFHA)".

Basement. Any area of the building having its floor subgrade (below ground level) on all sides.

Base flood. A flood having a one percent (1%) chance of being equaled or exceeded in any given year.

Base Flood Elevation (BFE). A determination as published in the Flood Insurance Study of the water surface elevations of the base flood.

Building. See "Structure".

Chemical storage facility. A building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products.

Development. Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

Disposal. Means, as defined as in NC GS 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste into or any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.

Elevated building. A non-basement building, which has its reference level, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

Encroachment. The advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

Existing manufactured home park or manufactured home subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is pre-FIRM.

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:

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The overflow of inland or tidal waters; and

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The unusual and rapid accumulation of runoff of surface waters from any source.

Flood Boundary and Floodway Man (FBFM). An official map of a community, issued by the Federal Emergency Management Agency (FEMA), on which the Special Flood Hazard Areas and the floodways are delineated. This official map is a supplement to and shall be used in conjunction with the Flood Insurance Rate Map (FIRM).

Flood Hazard Boundary Map (FHBM). An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the Special Flood Hazard Areas have been defined as Zone A.

Flood insurance. The insurance coverage provided under the National Flood Insurance Program.

Flood Insurance Rate Man (FIRM). An official map of a community, issued by the Federal Emergency Management Agency, on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community are delineated.

Flood Insurance Study (FIS). An examination, evaluation, and determination of flood hazard areas, corresponding water surface elevations (if appropriate), flood insurance risk zones, and other flood data in a community issued by FEMA. The Flood Insurance Study report includes Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), if published.

Floodplain or flood prone area. Any land area susceptible to being inundated by water from any source.

Floodplain Development Permit. Means any type of permit that is required in conformance with the provisions of this ordinance, prior to the commencement of any development activity.

Floodplain Management. The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

Floodplain Administrator. The individual appointed to administer and enforce the floodplain management regulations.

Floodplain regulations. This chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage.

Floodproofing. Any combination of structural and nonstructural additions, changes, or adjustments to structures, which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitation facilities, or structures with their contents.

Flood prone area. See "Floodplain".

Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

Flood zone. A geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects the severity or type of flooding in the area.

Floor. See "Lowest Floor".

Functionally dependent facility. A facility, which cannot be used for its intended purpose unless it is located in close proximity to water, such as a docking, or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair. The term does not include long-term storage, manufacture, sales, or service facilities.

Freeboard. Means the height added to the Base Flood Elevation (BFE) to account for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, blockage of bridge openings, and the hydrological effect of urbanization of the watershed. The Base Flood Elevation (BFE) plus the freeboard establishes the "Regulatory Flood Protection Elevation."

Hazardous waste management facility. A facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste as defined in NC GS Ch. 130A, Art. 9.

Highest Adjacent Grade (HAG). The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of the structure.

Historic structure. Any structure that is:

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Listed individually in the National Register of Historic Places (a listing maintained by the US Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register;

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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;

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Individually listed on a state inventory of historic places;

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Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by an approved state program as determined by the Secretary of Interior or directly by the Secretary of Interior in states without approved programs.

Lowest Adjacent Grade (LAG). The elevation of the ground, sidewalk, patio slab, or deck support immediately next to the building after completion of the building. For Zone A and AO, use the natural grade elevation prior to construction.

Lowest floor. Means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or limited storage in an area other than a basement area is not considered a building's lowest floor, provided that such an enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance.

Manufactured home. A structure, transportable in one (1) or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle".

Manufactured Home Park or Subdivision. Means a parcel (or contiguous parcels) of land divided into (2) two or more manufactured home lots for rent or sale.

Market value. The building value, excluding the land (as agreed to between a willing buyer and seller), as established by what the local real estate market will bear. Market value can be established by independent certified appraisal, replacement cost depreciated by age of building (Actual Cash Value) or adjusted assessed values.

Mean Sea Level. For purposes of the NFIP, the National Geodetic Vertical Datum (NGVD) as corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988 or other vertical control datum used as a reference for establishing varying elevations within the floodplain, to which Base Flood Elevations (BFEs) shown on a FIRM are referenced. Refer to each FIRM panel to determine datum used.

New construction. Structures for which the "start of construction" commenced on or after the effective date of the original Flood Damage Prevention Regulations and includes any subsequent improvements to such structures.

Nonconforming building or development. Any legally existing building or development which fails to comply with the current provisions of the Flood Damage Prevention Regulations.

Non-encroachment area. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report.

Obstruction. This term includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

Post-FIRM. Construction or other development which started on or after January 1, 1975 or on or after the effective date of the initial Flood Insurance Rate Map for the area, whichever is later.

Pre-FIRM. Construction or other development, which started before January 1, 1975 or before the effective date of the initial Flood Insurance Rate Map for the area, whichever is later.

Principally above ground. Means that at least fifty-one percent (51%) of the actual cash value of the structure is above ground.

Public safety and/or nuisance. Anything which is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

Recreational Vehicle (RV). A vehicle, which is:

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Built on a single chassis;

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Four hundred (400) square feet or less when measured at the largest horizontal projection;

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Designed to be self-propelled or permanently towable by a light duty truck; and

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Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use.

Reference level. The portion of a structure or other development that must be compared to the regulatory flood protection elevation to determine regulatory compliance of such building. Within Special Flood Hazard Areas designated as zones A1—A30, AE, A, A99, AO, or AH, the reference level is the top of the lowest floor.

Regulatory flood protection elevation. The elevation to which all structures and other development located within the Special Flood Hazard Areas must be elevated or floodproofed, if non-residential. Within areas where Base Flood Elevations (BFE's) have been determined, this elevation shall be the BFE. In areas where no BFE has been established, all structures and other' development must be elevated or floodproofed, if non-residential, to two (2) feet above the highest adjacent grade.

Remedy a violation. To bring the structure or other development into compliance with state or community floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development.

Retrofitting. Measures, such as floodproofing, elevation, construction of small levees, and other modifications, taken on an existing building or its yard to protect it from flood damage.

Riverine. Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Salvage yard. Property used for the storage, collection, and/or recycling of any type of equipment whatsoever, whether industrial or noncommercial, and including but not limited to vehicles, appliances and related machinery.

Special Flood Hazard Area (SFHA). The land in the floodplain subject to a one percent (1%) or greater chance of being flooded in any given year as determined in Section 9-5-7.

Solid waste disposal facility. Means any facility involved in the disposal of solid waste, as defined in NC GS 130A-290(a)(35).

Solid waste disposal site. Defined as in NC GS 130A-290(a)(36).

Start of construction. Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building.

Structure. A walled and roofed building, a manufactured home, a gas or liquid storage tank that is principally above ground.

Substantial damage. Damage of any origin sustained by a structure during any one year period whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. See definition of "substantial improvement".

Substantial improvement. Any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during any one year period whereby the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures, which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:

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Any correction of existing violations of state or community health, sanitary, or safety code specifications which have been identified by the community code enforcement official and which are the minimum necessary to assure safe living conditions; or

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Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

Variance (FDPO). A grant of relief from the requirements of the Flood Damage Prevention Regulations.

Violation. The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Articles D and E is presumed to be in violation until such time as that documentation is provided.

Watercourse. A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

Water Surface Elevation (WSE). The height, in relation to mean sea level, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

FLOOD LIGHT. A form of lighting fixture designed to direct the output of a contained lamp in a more-or-less specific direction, utilizing reflecting or refracting elements located external to the lamp.

FLOOR. The top surface of an enclosed area in a building (including the basement) such as the top of the slab in concrete slab construction or the top of the wood flooring in wood frame construction.

FLOOR AREA. The sum of the gross horizontal areas of each floor of the principal building, and any accessory buildings or structures, measured from the exterior walls or from the center line of party walls. The term does not include any area used exclusively for the surface parking of motor vehicles or for building or equipment access, such as stairs, elevator shafts, and maintenance crawl space.

FLOOR AREA RATIO (FAR). The total floor area of the building or buildings on a lot or parcel divided by the gross area of the lot or parcel.

FOOTCANDLE. One lumen per square foot. Unit of illuminance. It is the luminous flux per unit area in the imperial system. One footcandle equals approximately ten (10.8) lux.

FOWL. For the purposes of this Ordinance, fowl included any type of bird kept domestically for food or any other purpose, which includes but is not limited to chickens, turkeys, ducks, geese, ostriches, peacocks, guineas, emus, and similar birds.

FREEWAY OR EXPRESSWAY. "See Street Classifications."

FRONT LOT LINE. See "Lot Line, Front."

FRONT YARD. See "Yard, Front."

FRONTAGE, LOT. The lot boundary which coincides with a public street or space.

FRONTAGE, BUILDING. The façade of a structure facing a public street right-of-way or internal development access drive.

FRONTAGE BUILDOUT. The portion of lot frontage which has a building or wall running parallel to it.

FULL CUTOFF LIGHT FIXTURE. A luminaire light distribution where no light is emitted above the horizontal, and where the intensity at eighty degrees from nadir is no greater than 100 candela per 1000 lamp lumens.

FULLY SHIELDED LIGHT FIXTURE. A lighting fixture constructed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal as determined by photometric test or certified by the manufacturer. Any structural part of the light fixture providing this shielding must be permanently affixed.

FUNERAL HOME. An establishment engaged in undertaking services, such as preparing the human dead for burial and in arranging and managing funerals. This definition includes crematories and mortuaries as accessory uses.

GLARE. The sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility; blinding light. The magnitude of glare depends on such factors as the size, position, brightness of the source, and on the brightness level to which the eyes are adapted.

GLAZING. The portion of an exterior building surface occupied by glass or windows.

GOLF COURSE. An area designed for golf, including a Par 3 golf course, having at least nine (9) holes, each with a tee, fairway, and green, and may have one or more hazards. A clubhouse, pool and other facilities associated with a country club built around a golf course are considered part of the golf course.

GOLF DRIVING RANGE. A type of outdoor recreation facility that open air golf practice facility.

GOLF, TENNIS, SWIMMING CLUBS, AND RELATED USES. An outdoor recreation facility that provides golf, tennis, and swimming amenities to its members. This definition includes any associated clubhouse, pro-shops, concession stands, locker rooms, restrooms, and similar facilities.

GOVERNING BOARD. The Board of Commissioners is the governing board for the Town of Yadkinville, but generally the term in interchangeable with the terms "City Council", "Board of Aldermen" and "Board of County Commissioners" and shall mean any governing board without regard to the terminology employed in the NC General Statutes or local customary usage.

GOVERNMENT OFFICE BUILDINGS. The offices of the executive, legislative, judicial, administrative and regulatory branches of federal, state and local governments.

GOVERNMENT USE. A land use operated by a local, state, or federal government entity in the execution of that government body or agency's duties.

GRADE. The elevation of the land or land which is level at a specific point.

GRADE, EXISTING. The elevation along the ground surface of a site as recorded in topographic mapping at two foot or four foot contour intervals, on file in the Office of the planning department, or as surveyed and mapped at a contour interval of not more than four feet, by a licensed surveyor.

GRADE, FINISHED. The elevation at the top of the ground, walk, or terrace where the ground, walk, or terrace intersects the exterior walls of a structure or the vertical supports of a sign.

GREENHOUSE OR HORTICULTURAL NURSERY. An establishment primarily engaged in the retail sale of trees, shrubs, other plants, seeds, bulbs, mulches, soil conditioners, fertilizers, pesticides, and other garden supplies to the general public.

GREENWAY. A linear open space along a natural or constructed corridor, which may be used for pedestrian or bicycle passage. Greenways often link areas of activity, such as parks, cultural features, or historic sites with each other and with populated areas.

GROUND COVER. Any plant material that reaches an average height of not more than twelve inches.

GROUP CARE FACILITY A. Transitional housing facility for forty (40) or fewer residents, licensed by the State of North Carolina or operated by a nonprofit corporation chartered pursuant NC GS 55A, which provides room and board, personal care and rehabilitation services, not as an alternative to incarceration, while persons receive therapy and/or counseling for one (1) or more of the following purposes:

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Assistance in recuperation from the effects of or in refraining from the use of drugs or alcohol;

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Emergency and temporary shelter for persons in distress such as runaway children and battered individuals;

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Shelter and support for older adults and persons who are handicapped. Accessory uses may include such activities as schooling of residents, occupational training and production of goods and crafts to be sold off-premises.

GROUP CARE FACILITY B. Transitional housing facility for forty (40) or fewer residents, licensed by the state of North Carolina or operated by a nonprofit corporation chartered pursuant NC GS 55A, which provides room and board, personal care and rehabilitation services, as an alternative to incarceration. Accessory uses may include such activities as schooling of residents and occupational training.

GROUP DEVELOPMENT. A development in which, in-lieu of the division of a tract of land into separate lots for separate principal buildings, a tract of land is divided into 2 or more principal building sites for the purpose of building development (whether immediate or future) and occupancy by separate families, firms, businesses, or other enterprises.

HANDICAPPED PERSON. A person with a physical or mental impairment which substantially limits one or more of such person's life activities; a record of having such impairment; or being regarded as having such an impairment. This definition does not include current illegal use of or addiction to a controlled substance. This definition includes children, but does not include persons who are dangerous to others as defined by NC GS 122C-3.11(b).

HAZARDOUS MATERIAL. Any substance listed as such in the Superfund Amendments and Reauthorization Act (SARA) Section 302, Extremely Hazardous Substances; the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Hazardous Substances; Section 311 of the Clean Water Act (CWA) (oil and hazardous substances); or any solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics may:

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

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

HAZARDOUS MATERIALS TREATMENT FACILITY. A building, structure or use of land devoted, or intended to be devoted, primarily to changing by any method, technique or process, including incineration or neutralization, the physical, chemical, or biological character of any hazardous material so as to neutralize such material or render it non-hazardous, safer for transport, amenable for recovery, amenable for storage or reduced in bulk. Such a use may also contain temporary storage facilities normally associated with these operations and of sufficient size to conduct a commercially feasible operation. However, under no circumstances is a hazardous materials treatment facility to be construed to be any of the following:

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A facility which manufactures hazardous materials from component non-hazardous materials;

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A facility or location for the long term or perpetual storage of hazardous materials; or

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A facility for the treatment of hazardous materials which is clearly subordinate, incidental and related to the principal structure, building or use of land and is located on the same lot as the principal structure, building or use.

HAZARDOUS SUBSTANCE. Any chemical defined as a physical hazard or a health hazard under standards of North Carolina Administrative Code 7C.0101(a)(105). Physical hazards include, but are not limited to, chemicals, which are combustible, explosive, flammable, and reactive. Health hazards include, but are not limited to, chemical, which are carcinogens, toxins, corrosives, or irritants.

HAZARDOUS WASTE MANAGEMENT FACILITY. Any commercial hazardous waste facility which accepts hazardous waste from the general public or from another person for a fee, but does not include any facility owned or operated by a generator of hazardous waste solely for its own use. A hazardous waste facility means a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste. This definition includes hazardous materials treatment facilities as defined herein.

HEIGHT, BUILDING. The vertical distance measured from the average elevation of the finished grade of all sides of a building, measured at the midpoint of each side, to the topmost elevation of the roof or to the topmost projection of the building above any roof, including parapet walls. Enclosed penthouses or equipment rooms are considered a part of the building and included in the calculation of building height.

HOME OCCUPATION. A business, profession, occupation, or trade which is conducted within a residential dwelling for the economic gain or support of a resident of the dwelling, and which is incidental and secondary to the residential use of the building, and regulated by Section 3.5.2.6. of this Ordinance. This definition includes day care homes, This definition includes home occupations that provide the following services: "animal services (no outdoor kennels)", "artists, craftsmen", "personal service uses", "professional offices", and "services, other (no outdoor storage)" and does not include automotive service or "body art" (tattoo and piercing) operations.

HOSPITAL. A facility providing medical, psychiatric, or surgical services for sick or injured persons, including emergency treatment, diagnostic services, training, research, and administration.

HOTEL. A building containing more than five (5) individual rooms for the purpose of providing overnight lodging facilities to the general public for compensation, with or without meals, and which has common facilities for reservations and cleaning services, combined utilities, and on-site management and reception services. Hotels may or may not provide onsite parking and access to hotel rooms is generally provided through interior hallways.

ILLUMINATION, DIRECT. Illumination from a light source that is contained within a sign, where the light source is internal to the sign.

ILLUMINATION, INDIRECT. Illumination from a light source that is not contained within the sign, where the light source is external and projected onto the sign.

IMPERVIOUS SURFACE COVER. Any structure or material which significantly reduces or prevents natural absorption of stormwater into the soil. Impervious surface cover includes any built upon area including, but not limited to, buildings or other structures with roofs, sidewalks, driveways, parking lots, streets, and any concrete, stone, brick, asphalt, or gravel surface. For purposes of calculating impervious surface coverage requirements pursuant to the zoning ordinance, wooden slatted decks and the water area of a swimming pool are considered pervious.

IMPROVEMENT. Any constructed feature not included under the definition of structure.

INDUSTRIAL USE. A land use where goods are produced either from raw materials or the assembly of goods manufactured from raw materials elsewhere. This use also includes the warehousing and distribution of manufactured goods, and may include some wholesale of those goods. Retail sales may be conducted on a limited basis as an accessory to manufacturing (i.e. outlet store).

INFILL DEVELOPMENT. The construction of a building or buildings on a vacant parcel of than two (2) acres or less located in a predominately built-outarea.

INSTALLED. The attachment, or assembly fixed in place, whether or not connected to a power source, of any outdoor light fixture.

INSTITUTIONAL USE. A land use which serves the community's social educational, health, and cultural needs, typically through a government entity or non-profit organization.

JAIL. A building, and all accessory uses and structures, used to confine, house, and supervise persons who are serving terms of imprisonment for violations of criminal laws or who are awaiting trial for alleged violations of criminal laws, but not including temporary holding facilities that are accessory to a police station and not including any housing or other facilities for persons who are participating in work-release programs or who have previously served and completed terms of imprisonment for violations of criminal laws.

JUNKYARD, SALVAGE YARDS, AND RECYCLING OPERATIONS. The use any lot for the storage, keeping, or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of automobiles or other vehicles, machinery or parts thereof regardless of whether such material is for sale or recycling.

KENNEL, INDOOR. A use within a fully-enclosed structure intended and used for the breeding or accommodation of small domestic animals for sale and/or for the training or overnight boarding of animals for persons other than the owner of the lot. This definition shall not include 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.

KENNEL, OUTDOOR. A use outside of a fully-enclosed structure intended and used for the breeding or accommodation of small domestic animals for sale and/or for the training or overnight boarding of animals for persons other than the owner of the lot.

LAND CLEARING AND INERT DEBRIS (LCID) LANDFILL. A landfill limited to concrete, brick, concrete block, uncontaminated soil, rock, gravel, untreated wood, limbs, leaves and stumps. LCID does not include materials that have been painted or coated with sealants or finishes.

LAND DISTURBING ACTIVITY. Any movement of earth or substrate, manually or mechanically, including but not limited to any modification of existing grade by dredging, demolition, excavation or rill., grading, scraping, vegetation removal, landscaping, coring, well drilling, pile driving, undergrounding utility lines, trenching, bulldozing, sheeting, shoring and excavation for laying or removing foundations, pilings or other purposes.

LANDFILL, CONSTRUCTION AND DEMOLITION. A landfill which accepts construction or demolition debris or waste including solid waste from construction, remodeling, repair or demolition operations on pavement, buildings, or other structures.

LANDFILL, SANITARY. A facility for the disposal of all types of solid wastes, excluding hazardous wastes or toxic substances.

LANDOWNER AS APPLIED TO THE STANDARDS RELATED TO VESTED RIGHT. An owner of a legal equitable interest in real property, including the heirs, devisees, successors, assigns, and personal representative of the owner.

LANDOWNER OR OWNER. The holder of the title in fee simple. Absent evidence to the contrary, a local government may rely on the county tax records to determine who is a landowner. The landowner may authorize a person holding a valid option, lease, or contract to purchase to act as his or her agent or representative for the purpose of making applications for development approval.

LANDSCAPING. The installation and maintenance of trees, shrubs, plant materials, and/or ground cover, including grass, mulch, decorative stone and similar materials, but excluding bare soil, uncultivated vegetation, impervious pavement materials, and gravel.

LARGE TREE. A tree whose height is greater than thirty-five feet at maturity and meets the specification of the American Standards for Nursery Stock published by the American Association of Nurserymen.

LANDSCAPE ARCHITECT. A person licensed to practice landscape architecture in the State of North Carolina.

LEGISLATIVE DECISION. The adoption, amendment, or repeal of a regulation under Chapter 160D of the NC General Statutes or an applicable local act. It also includes the decision to approve, amend, or rescind a development agreement consistent with the provisions of Article 10 of NC GS 160D.

LIBRARY, PUBLIC. A publicly operated facility housing a collection of books, magazines, audio and video tapes, or other material for use by the general public.

LIGHT TRESPASS. Light falling where it is not wanted or needed, typically across property boundaries.

LINEAR FRONTAGE. The length of a property abutting a public right-of-way from one side lot line to another.

LINTEL. A beam supporting the weight above a door or window opening.

LIVESTOCK. Domesticated four-legged mammals including but not limited to cows, horses, sheep, goats, llamas, swine, rabbits and similar animals. Small livestock are 15 pounds or less. Large livestock are greater than 15 pounds.

LIVESTOCK SALES AND AUCTIONS. A commercial establishment where livestock are collected for sale or auction.

LOGO. A business trademark or symbol.

LOT. A parcel of land or any combination of several parcels of land occupied or intended to be occupied by a principal use or structure, together with any accessory structures or uses and such accessways, parking area, yards, and open spaces required in these regulations.

LOT, ADJACENT. See "Adjacent Property."

LOT, CORNER. A lot located at the intersection of two or more streets, or abutting a curved street or streets in such a way that the front building line meets either side lot line at an interior angle of less than one hundred thirty-five degrees.

LOT COVERAGE. That portion of the lot area, expressed as a percent that is covered by impervious surface cover.

LOT TYPES

Lot, Corner. A lot located at the intersection of two (2) or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lines to the lot meet at an interior angle of less than 135o.

Lot, Double Frontage or Through. A lot having frontage and access on two or more public streets. A corner lot shall not be considered as having double frontage unless it has frontage and access on three or more streets.

Lot, Flag. An irregularly shaped lot where the building portion of the lot is connected to its street frontage by an arm or pole of the lot. The pole portion does not meet the minimum lot width of the district, but the building portion of the lot does.

Lot, Interior. A lot other than a corner lot with frontage on only one (1) street.

LOT LINE. A line or series of connected line segments bounding a lot.

LOT LINE, FRONT. In the case of an interior lot, the lot line separating said lot from the street. In the case of a corner lot or through lot, the lot line separating said lot from the street that is designated as the fronting primary street in the request for a permit.

LOT LINE, INTERIOR. A side lot line, which separates one lot from another lot.

LOT LINE, REAR. That lot line which is opposite and most distant from the front lot line, except in the case of a triangular lot. For triangular lots, a line 10 feet in length, entirely within the lot, parallel to, and at the maximum distance from the front lot line, or a chord thereof if the front lot line is curved, shall be considered as the rear lot line for purposes of determining the required rear yard. In cases where neither of these conditions is applicable, the Administrator shall designate the rear lot line.

LOT LINE, SIDE CORNER. A lot line other than a front or rear lot line that abuts a secondary street right-of-way.

LOT LINE, SIDE INTERIOR. A lot line other than a front or rear lot line that does not abut a street right-of-way.

LOT OF RECORD. A lot described by plat or by metes and bounds which has been recorded in the office of the Yadkin County Register of Deeds.

LOT WIDTH. The horizontal distance between the side lot lines at the building setback line as measured along a straight line parallel to the front lot line or parallel to the chord thereof.

LOT, ZONING. A parcel or contiguous parcels of land which is indicated by the owner at the time of application for a building or zoning permit as being that land which is proposed for development under a single development plan.

MAINTAINED EASEMENT. A recorded right-of-way made of crushed gravel, pavement, or graded and cleared of brush, so as to permit access by vehicles.

MAJOR SPECIAL USE PERMIT. An approval issued by the Board of Commissioners for a land use at a specific location subject to the requirements of NC GS 705(c) and Section 2.2.5 of this Ordinance. Major Special Use Permit uses are those that are likely to have a greater size, impact, or relationship to the overall health, safety, and general welfare of the community than Minor Special Use Permit uses.

MANUFACTURED HOME. A dwelling unit that: a) is not constructed in accordance with the standards of the North Carolina State Building Code for one and two family dwellings; b) is composed of one (1) or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis; c) meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction.

MANUFACTURED HOME PARK. A lot of record containing two (2) or more spaces leased or intended for occupancy by manufactured homes used as residential dwellings regardless of whether such homes are provided as part of the lease and including all uses accessory to the residential use. This definition shall not include manufactured home sales lots on which unoccupied manufactured homes are parked for the purpose of inspection and sale.

MANUFACTURED HOME SPACE. The land in a manufactured home park allotted to or designated for the accommodation of one manufactured home.

MANUFACTURING, TYPE A. A manufacturing establishment primarily engaged in the fabrication or assembly of products from pre-structured materials or components. Because of the nature of its operations and products, Manufacturing(A) produces little or no noise, odor, vibration, glare, and/or air and water pollution, and, therefore, has minimal impact on surrounding properties. Examples include assembly of premanufactured components, furniture assembly, apparel manufacturing (from premanufactured textiles), and commercial printing.

MANUFACTURING, TYPE B. A manufacturing establishment whose operations, including storage of materials, processing, fabrication or assembly of products; and loading and unloading of new materials and finished products at loading docks for an enclosed building, and which does not produce or utilize in large quantities as an integral part of the manufacturing process toxic, hazardous, or explosive materials. Noise, odor, dust, or vibration from the manufacturing process may result in only minor impacts on adjacent properties. Examples include:

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Food manufacturing (NAICS codes beginning with 311);

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Beverage manufacturing (NAICS codes beginning with 3121);

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Textile manufacturing (NAICS codes beginning with 313 and 314);

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Fabricated metal product manufacturing (excluding forging) (NAICS codes beginning with 332);

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Machinery manufacturing (NAICS codes beginning with 333);

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Computer, medical equipment, instrument, and telecommunications component assembly (excluding those that involve hazardous materials) (NAICS codes beginning with 334);

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Electrical Equipment, Appliance, and Component Manufacturing (NAICS codes beginning with 335);

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Transportation equipment manufacturing (NAICS codes beginning with 336);

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Furniture and related product manufacturing (NAICS codes beginning with 337).

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Miscellaneous manufacturing (NAICS codes beginning with 339).

MANUFACTURING, TYPE C. A manufacturing establishment whose operations, including storage of materials, processing, fabrication or assembly of products; and loading and unloading of new materials and finished products may occur either inside an enclosed building or outside on the premises. Toxic, hazardous, or explosive materials may be produced or used in large quantities as an integral part of the manufacturing process. Noise, odor, dust, vibration, or visual impacts, as well as potential public health problems in the event of an accident, could impact adjacent properties. Examples include:

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Manufacturing from raw materials;

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Tobacco manufacturing (NAICS codes beginning with 3121);

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Leather and allied product manufacturing (NAICS codes beginning with 316);

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Wood product manufacturing (NAICS codes beginning with 321);

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Paper manufacturing (NAICS codes beginning with 322);

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Petroleum and coal products manufacturing (324);

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Chemical or pharmaceutical manufacturing (NAICS codes beginning with 325);

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Plastics and rubber manufacturing (NAICS codes beginning with 326);

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Nonmetallic mineral product manufacturing (excluding artisans and craftsmen creating glass or clay products for sale) (NAICS codes beginning with 327);

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Primary metal manufacturing (NAICS codes beginning with 331).

MASSAGE AND BODY WORK THERAPY. Any massage or body work therapy as defined by the North Carolina Massage and Bodywork Therapy Practice Act, [NC] GS 90-621 et seq., provided by a person licensed as provided therein to perform such therapy.

MASSING. The shape and form a building or assemblage of buildings assumes through architectural design.

MEAN SEA LEVEL. The National Geodetic Vertical Datum (NGVD) of 1929, or other datum, to which base flood elevations shown on the flood insurance rate maps for Yadkin County are referenced.

MEDICAL OFFICES. An establishment primarily engaged in furnishing medical and surgical services to individuals and licensed for such practice by the state. This definition includes physicians, dentists, chiropractors, opticians, ophthalmologists, psychiatrists, psychologists, and other health practitioners.

MICRO-BREWERY/MICRO-DISTILLERY/MICRO-WINERY. A facility in which beer, wine, or other alcoholic beverages are brewed, fermented, or distilled for distribution and consumption, and which possesses the appropriate license from the State of North Carolina Alcoholic Beverage Control Commission, meeting all of the standards of NC GS 18B, and associated tasting rooms, brewpubs, restaurants, and food trucks for the consumption of on-site produced beer, wine, or distilled products are permitted on the premises. Micro-breweries shall not exceed production of 25,000 barrels as defined by NC GS 81A-9. A micro-distillery produces less than 50,000 proof gallons of spirits per year according to the American Distilling Institute. Micro-wineries primarily source fruit from local farms but do not farm fruit on site and do not exceed the equivalent of 50,000 gallons. Any beverage production facility that exceeds the production thresholds established in this definition shall be classified as beverage manufacturing and fall under the definition of "Manufacturing B".

MINING AND QUARRYING OPERATION. An operation for the dredging, digging, extraction, mining, or quarrying of stone, sand, gravel, or minerals for commercial purposes.

MINOR SPECIAL USE PERMIT. An approval issued by the Board of Adjustment for a land use at a specific location subject to the requirements of NC GS 160D-705(c), and Section 2.2.5 of this Ordinance. Minor Special Use Permit uses are those uses that are likely to have a more limited size, impact, or relationship to the overall health, safety, and general welfare of the community than Major Special Use Permit uses.

MIXED-USE BUILDING. The combination of both commercial and residential uses within a single building of two (2) or more stories.

MIXED-USE DEVELOPMENT. A planned development where two (2) or more use categories (commercial, residential, industrial, institutional, etc.) are incorporated on a single development site. Such uses are functionally integrated and share vehicular use areas, ingress/egress, and pedestrian access.

MOBILE HOME. See "Manufactured Home."

MOBILE HOME PARK. See "Manufactured Home Park."

MODULAR HOME. A dwelling unit which is constructed in compliance with the North Carolina State Building Code and composed of components substantially assembled in an off-site manufacturing plant and transported to the building site for final assembly on a permanent foundation or other acceptable means established by the North Carolina State Building Code.

MOTEL. A building containing more than four individual rooms for the purpose of providing overnight lodging facilities to the general public for compensation, with or without meals, and which has common facilities for reservations and cleaning services, combined utilities, and on-site management and reception services. Motels provide on-site parking and access to most rooms is provided directly from a parking area.

MOTOR VEHICLE. Any vehicle which is self-propelled and every vehicle designated to run upon the highways which is pulled by a self-propelled vehicle. For purposes of this definition, the term motor vehicle shall not include vehicles or implements used in farming or construction but shall include all forms of motorized watercraft.

MOTOR VEHICLE STORAGE YARD. An outdoor area for the storage of more than one (1) wrecked, damaged, or inoperative motor vehicle awaiting insurance adjustment, major body work, or other repair, or other disposition. This definition does not include motor vehicle parts (used), waste materials, recyclable material, merchant wholesalers, automotive parts and accessories stores, or tire dealers.

MOTION PICTURE PRODUCTION. A business or organization that primarily engages in the filming of motion pictures or movies.

MULTI-FAMILY. See "Dwelling, Multi-family residential."

MULTIPLE LOT DEVELOPMENT. A development containing 2 or more lots, and 2 or more businesses that is planned, organized, and managed to function as a single development or single zone lot for the purposes of development standards.

MURAL. A mural is a hand-painted visual image on the exterior wall of a building that is a one-of-a-kind piece of original artwork, and that does not contain text, lettering, or trademarked symbols. A mural shall not be considered a sign for the purposes of this Ordinance.

MUSEUM OR ART GALLERY. A structure used for the display and preservation of paintings, sculpture, and other constructed or natural objects illustrating human or natural history.

NATURAL GAS DISTRIBUTION LINES AND RELATED APPURTENANCES. Utility lines and related structures that direct natural gas to individual sites.

NATURAL OBSTRUCTION. Any rock, tree, gravel, or similar natural matter which is an obstruction and has been located within the floodway by a nonhuman cause.

NET ACREAGE. The remaining area after deleting all portions for proposed and existing streets within a development parcel or subdivision. For parcels including recreational facilities and outdoor display lots, the area devoted to the special use shall also be excluded from the net acreage.

NONCONFORMING LOT. A lot of record that was lawful at the date on which it was established but does not conform to the current dimensional standards of the zoning district in which it is located.

NONCONFORMING STRUCTURE. A structure that was lawful at the date on which it was established, but does not conform to current dimensional standards, elevation, location, or other requirements of this Ordinance.

NONCONFORMING USE. A use which was lawful at the date on which it was established but is now not a permitted use of that parcel or structure under this Ordinance.

NONCONFORMITY. Any land use, development, structure, or site, including any lot of record, that was legally established, but that is not presently in full compliance with the provisions of this Ordinance.

NONRESIDENTIAL DEVELOPMENT. All development other than residential development, agriculture and silviculture.

NURSING AND ASSISTED LIVING FACILITIES. A licensed facility which provides housing, part-time medical care, shared food preparation and dining areas, and recreational facilities to meet the needs of elderly, handicapped, or ill persons. This use shall not serve primarily as an alternative to incarceration, shall not include individuals who are dangerous to others, as defined in North Carolina General Statute 122C-3(11)b, and shall not include persons living together as a fraternal, sororal, social, honorary, or professional organization, "Family Care Homes", or "Group Care Facilities" (A or B).

OFF-STREET PARKING. Parking which occurs on a lot and not on a street or other public right-of-way.

OFFICE USE. A land use in which business or professional services are conducted or rendered within an enclosed structure.

OFFICIAL ZONING MAP. The Official Zoning Map upon which the boundaries of various zoning districts are drawn, and which is an integral part of this Ordinance.

OPEN SPACE. Land used for recreation, natural resource protection, amenities, protection of important rural and Town vistas and/or buffer yards. Open space may include nature preserves, greenways, greenbelts, agricultural preserves, recreational uses, squares, greens, parks, and playgrounds in accordance with the requirements of Section 4.3.4.

OPEN SPACE, COMMON. Open space within a development not in individually owned lots, which is designated and intended for the common use or enjoyment of the residents of the development or the public at large.

OUTDOOR DISPLAY. An area for displaying large items on a regular basis that are for sale or rent outside of a fully enclosed building, typically in an area accessible by the public. Large items include storage buildings and equipment.

OUTDOOR LIGHTING. Any light source that is installed or mounted outside of an enclosed building, but not including street lights installed or maintained along public or private streets.

OUTDOOR STORAGE. Any area which contains outdoor storage of bulk materials and/or parts, or areas regularly used for outdoor repair areas or service stations, but excluding temporary construction and related activities and closed bay docks.

OUTPARCEL. A subdivided or leased parcel within a group development, multiple-lot development, or shopping center.

OWNER. Any full or part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety with legal title to the whole or to part of a structure or parcel of land.

OWNERS' ASSOCIATION. An organization of homeowners or property owners of lots or land in a particular subdivision, condominium, or planned development. The owners association is responsible for maintaining and enhancing the shared private infrastructure (e.g., stormwater, streets, and sidewalks) and common elements recreation.

PACKAGE SEWER TREATMENT PLANT. A pre-fabricated set of devices used in the storage, treatment and ultimate discharge or reclamation of sanitary sewer or industrial wastes of a liquid nature.

PARAPET WALL. A building wall which extends to or above a flat roofed platform or building roof.

PARCEL. See "Lot."

PARK (PUBLIC). Any land owned by the public and open for use by the general public for active or passive recreational purposes or as a refuge for wildlife.

PARKING, LOT OR DECK. A principal or accessory use of a zoning lot with or without a parking structure for use as a place for the temporary or long-term parking of motor vehicles.

PARKING, SHARED. Off-street parking facilities shared by 2 or more uses that are in close proximity to one another and the parking area, and that have different operational characteristics such that use of the parking facilities by one use will not generally overlap with the use of the parking area by the other uses(s).

PARKING SPACE, OFF-SITE. An off-street parking area provided on a different parcel than the use it is intended to serve.

PAWN SHOP. An establishment at which a pawnbroker, as defined in NC GS § 91A-2, regularly conducts business.

PEDESTRIAN-ORIENTED DEVELOPMENT. Any development type which accommodates the needs of the pedestrian. Such development will have parking to the side or rear of a building, will mix uses and provide them in proximity to one another, will allow the pedestrian the option of accomplishing certain trips without automobile use, and will provide a variety of interesting and detailed streetscapes which equally balance the need of the pedestrian and car.

PERSON. Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, or public private institution, utility, cooperative, interstate body, or other legal entity.

PERSONAL SERVICES. An establishment primarily engaged in providing a service(s) to individuals such as a beauty and/or barber shop, massage therapy, aesthetician, nail salon, or similar uses, but shall not include any use which may be defined as adult entertainment.

PERVIOUS SURFACE COVER. A surface cover that presents an opportunity for precipitation to infiltrate into the ground.

PLAN, PLOT. A drawing submitted for review with a Zoning Permit application for the construction of a single-family or two-family dwelling.

PLAN, SITE. A drawing or set of drawings submitted for review for the development of multi-family residential or non-residential development.

PLAN, SKETCH. A preliminary drawing preceding a site plan to facilitate discussion between a developer and Development and Design Services Department staff.

PLANNED DEVELOPMENT. A shopping center, commercial subdivision, business park, mixed use development, or similar development that is developed in accordance with a site-specific development plan and contains unifying characteristics such as site design, building design, and/or sign design.

PLANTING YARD. Area where required plantings are located.

PLAT. A surveyed map or plan of a parcel of land which is to be or has been subdivided or otherwise recombined or reconfigured.

PLAT, FINAL. A drawing depicting surveyed lots that is recorded at the Register of Deeds to subdivide a property.

PLAT, PRELIMINARY. A major subdivision plan that depicts the number of lots, open space, location of streets, and utilities for a proposed development. A preliminary plat is followed by one or more final plats once improvements (roads, utilities) have been installed or bonded.

POST OFFICE. A facility or structure used for the collection, sorting, and distribution of mail within several zip code areas, having retail services for the general public, such as stamps, postcards, or postal insurance.

POSTAL KIOSK OR CLUSTER MAILBOX. A facility that has distribution boxes (cluster boxes) and collection services for the general public; no mail carriers or retail services; and, is located in a neighborhood where most of the users are within walking distance of the facility, or live in the neighborhood.

POWER GENERATION/PRODUCTION FACILITIES. Facilities involved in the production and generation of electricity by, but not exclusive to, fossil fuels, wind, water or sun.

POWER GENERATION/PRODUCTION, SOLAR (INDIVIDUAL USE). Any means by which electricity is generated from the sun and the use of photovoltaic cells for use by an individual property and does not generate electricity for other users.

POWER GENERATION/PRODUCTION, SOLAR (FARM). Any means by which electricity is generated from the sun and the use of photovoltaic cells for sale to other users not located on the property.

POWER GENERATION/PRODUCTION, WIND (INDIVIDUAL USE). Any means by which electricity is generated by wind turbines for use by an individual property and does not generate electricity for other users.

POWER GENERATION/PRODUCTION, WIND (FARM). Any means by which power is generated and produced by wind turbines for sale to other users not located on the property.

PREMISES. See "Lot."

PRINCIPAL BUILDING OR STRUCTURE. A building or structure in which is conducted the principal(s) of the lot on which it is located or, in a group development, of the building site on which it is located. Any dwelling is considered a principal building unless it is an accessory dwelling.

PRINCIPAL DWELLING. Any principal building or structure which is used and designed for human habitation including living, sleeping, cooking, and eating activities, excluding dormitories, hotels, motels, shelters for the homeless, or other structures designed for transient residents.

PRINCIPAL USE. The primary purpose or function that a lot or parcel serves.

PRIVATE DRIVE. A vehicular travelway that is not a public street or a private street that provides access to a parking lot(s) or a principal building(s).

PRIVATE STREET. A vehicular travelway not dedicated or offered for dedication as a public street but resembling a local street by carrying traffic from a series of driveways to the public street system.

PRODUCE STAND (PERMANENT). Seasonal sale of farm products raised on the premises where products are sold only as an accessory to an agricultural use. Stands are structures that do not meet North Carolina Building Standards.

PRODUCE STAND (TEMPORARY). A temporary open air stand or place for the seasonal selling of agricultural produce. A temporary produce stand is portable and capable of being dismantled or removed from the sales site. Stands are structures that do not meet North Carolina Building Standards.

PROFESSIONAL OFFICES. An establishment primarily engaged in providing professional services. This definition includes, but is not limited to, newspaper, periodical, book, and database publishers; software publishers; securities and commodity contracts intermediation and brokerage; insurance carriers; agencies, brokerages, and other insurance related activities; real estate agents and brokers; legal services; accounting, tax preparation, bookkeeping, and payroll services; architectural, engineering and related services; computer system design and related services; management, scientific and technical consulting services; advertising and related services (except display advertising); management of companies and enterprises; and travel arrangement and reservation services.

PROJECT AREA. Any area of land and/or water, regardless of the number of individual parcels contained therein, on which development is proposed. See "Development."

PROPOSED RIGHT-OF-WAY LINE. The margin of a thoroughfare's right-of-way at its ultimate intended width, determined by the adopted Comprehensive Transportation Plan.

PROPERTY OWNER. See "Landowner."

PUBLIC. Under the control or responsibility of a governmental entity on behalf of the general population, rather than individual or private control.

PUBLIC INFRASTRUCTURE. Aspects of the public realm owned and maintained by the Town or the State that serve the public at large, including streets, highways, sidewalks, curb and gutter, potable water distribution systems, sanitary sewer systems, stormwater drainage retention and conveyance features, street lights, on-site street parking spaces, and similar aspects located within a public right-of-way or public easement.

PUBLIC STREET. A dedicated and accepted public right-of-way for vehicular traffic and street rights-of-way offered for dedication, but not yet accepted, in which the roadway design and construction have been approved under public standards for vehicular traffic.

PUBLIC WORKS FACILITY. All production, storage, transmission, and recovery facilities for water, sewerage, telephone, and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the N.C. Utilities Commission. This definition does not include pump stations, lift stations, water towers, utility substations or similar appurtenances.

QUALIFIED PROFESSIONAL. A professional licensed and/or registered in the State of North Carolina performing services only in their areas of competence. This term shall include only registered land surveyors, registered engineers, registered architects, and registered landscape architects.

QUASI-JUDICIAL DECISION. A decision involving the finding of facts regarding a specific application of development regulation and that requires the exercise of discretion when applying the standards of the regulation. Quasi-judicial decisions include but are not limited to decisions involving variance, special use permits, certificates of appropriateness, and appeals of administrative determinations. Decisions on the approval of subdivision plats and site plans are quasi-judicial in nature if the regulation authorizes a decision-making board to approve or deny the application based not only upon whether the application complies with the specific requirements set forth in the regulation, but also on whether the application complies with one or more generally stated standards requiring aa discretionary decision on the finding to be made by the decision-making board.

REDEVELOPMENT. The renovation and reuse or demolition and reconstruction of a building or a portion of a building.

REAR LOT LINE. See "Lot Line, Rear."

REAR YARD. See "Yard, Rear."

RECREATIONAL FACILITY ASSOCIATED WITH A RESIDENTIAL DEVELOPMENT. An area or facility designed to meet the demand for active recreation, including play fields, ball diamonds, parks with picnic and playground equipment, golf courses, tennis courts, swimming pools, tot lots and similar uses, available to the residents of the development in which it is located.

RECREATION FACILITIES, INDOOR. Establishments engaged in providing indoor recreation services. Such may include public or private health or exercise clubs, gymnasiums, spectator sports facilities, tennis or other racquet courts, swimming pools, YMCA's, YWCA's, bowling alleys, skating rinks, or similar uses which are enclosed in buildings and are operated on a fee or membership basis primarily for the use of persons who do not reside on the same lot as that on which the recreational use is located. Indoor recreation structures may include accessory uses, such as snack bars, pro shops, and locker rooms, which are designed and intended primarily for the use of patrons of the principal recreational use.

RECREATION FACILITIES, OUTDOOR. Establishments engaged in providing outdoor recreation services such as golf courses, driving ranges, miniature golf, skateboard parks, waterslides, batting cages, and outdoor spectator sports that are located outside of a public park which are not enclosed in buildings primarily for the use of persons who do not reside on the same lot as that on which the recreational use is located. Outdoor recreation shall include, but are not limited to, any accessory uses, such as snack bars, pro shops, and field houses which are designed and intended primarily for the use of patrons of the principal recreational use.

RECREATION USE. A public or private, indoor or outdoor land use that provides leisure activities. This includes parks, campgrounds, pools, tennis courts, golf courses, gymnasium facilities, athletic facilities, sports facilities, volleyball courts, and similar uses.

RECREATIONAL VEHICLE (RV). A vehicle that is built on a single chassis, designed to be self-propelled or permanently towable by a light duty vehicle (including a travel trailer), and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

RECYCLING CENTER. A facility at which recovered resources, such as newspapers, glassware, and metal and aluminum cans, are collected, stored, flattened, crushed, or bundled within a completely enclosed building. This use does not include motor vehicle parts, used merchant wholesalers, NAICS group 423140, which is listed as a separate use.

RELIGIOUS INSTITUTION. A facility of a church, temple, synagogue, or other non-profit religious organization operated for worship and which may include religious training or study.

RESEARCH FACILITY. An establishment primarily engaged in commercial research and providing testing services such as calibration and certification of instruments, food testing services, forensic laboratories, medical laboratories, metallurgical testing, and industrial X-ray inspection services, etc.

RESIDENCE, PERMANENT. A domicile for which the address is used for the occupant's tax returns, passports, voter registration, driver's license, vehicle registrations, insurance policies, personal accounts, and billing. A permanent residence is occupied by the owner for the majority of the year or by a tenant with a lease of 90 days or greater. See North Carolina Administrative Code 17 NCAC 06B.3901.

RESIDENCE, SECONDARY. A residence that is occupied by the owner for less than the majority of a year, but is not used for tourist home or vacation rental purposes.

RESIDENTIAL BUILDING. A building which contains one (1) or more dwelling units.

RESIDENTIAL USE. A land use which has dwelling units in which people reside outside of an institutional facility. This includes single-family, two-family (duplex), multi-family, and townhome residential units.

RESTAURANT (WITH DRIVE-THROUGH SERVICE). An establishment which delivers prepared food and/or beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles, for consumption either on or off the premises.

RESTAURANT (WITHOUT DRIVE-THROUGH SERVICE). An establishment, which serves prepared food and beverages primarily to customers seated at tables or counters located within the building or designated outdoor seating areas. This includes cafes, tea rooms, and outdoor cafes.

RETAIL USE. Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

RETAIL, OUTSIDE FULLY ENCLOSED BUILDING. An establishment that sells or rents large items which require outdoor display including manufactured homes, storage buildings, heavy equipment, and similar items.

RIGHT-OF-WAY. An area dedicated to public or private use for pedestrian and vehicular movement, which may also accommodate public utilities.

ROOF LINE. The highest point of a flat roof, and the lowest point of a pitched roof, excluding any minor projections or ornamentation.

ROOF PITCH. A comparison of the vertical rise to the horizontal run of a roof structure above a building.

ROOT PROTECTION ZONE. Generally eighteen to twenty-four inches deep at a distance from the trunk equal to one-half of its height or to its drip line, whichever is greater.

SATELLITE DISH. A type of receive-only antenna, which is dish-shaped and is used to receive satellite signals, primarily television transmissions.

SENSITIVE AREA. An area not suitable for development which includes the occupancy of animal and plant habitats that are rare and valuable due to their special role in an ecosystem, which could be disturbed by human activities and development. These areas are known to include wetlands, floodplains, and geologically hazardous sites.

SERVICE ROAD. A local street or road that is parallel to a full or partial access controlled facility and functions to provide access to adjacent land.

SEWAGE COLLECTION LINES, PUMP STATIONS, AND APPURTENANCES. Utilities that collect and direct sewage/wastewater to sewage treatment plants.

SEWAGE TREATMENT PLANTS. Facilities involved in the process of removing contaminants from wastewater and household sewage.

SCHOOL, ELEMENTARY AND SECONDARY. A public or private school providing instruction to students in kindergarten through twelfth grade.

SCHOOL, INSTRUCTIONAL. Private institutions for instruction in activities including but not limited to dance, visual art, performing arts, music, martial arts, sports, sewing, and similar activities.

SCHOOL, PRIVATE. A structure used primarily by and for any two (2) or more age or grade levels not operated by the public school system, but registered with the North Carolina Department of Public Instruction. Any school for children age six or under not meeting these requirements shall be considered a day care facility for purposes of this ordinance.

SCHOOL, PUBLIC. A structure used primarily by and for any two (2) or more age or grade levels in grades kindergarten through twelve and operated by the public school system or approved by the North Carolina Department of Public Instruction as meeting the requirements of state law. Any school for children age six or under not meeting these requirements shall be considered a day care facility for purposes of this ordinance.

SCHOOL, TRADE AND VOCATIONAL. A use providing education or training in business, commerce, language, or other similar activity or occupational pursuit, and not otherwise defined as a home occupation, college or university, elementary school, secondary school, or instructional school.

SCREENING. A fence, wall, hedge, landscaping, buffer area or any combination of these provided to visually shield or obscure one abutting or nearby structure or use from another.

SERVICES, OTHER. An establishment primarily engaged in providing a service(s) to businesses and individuals that are not otherwise listed in the Permitted Uses Table. All equipment and goods are stored inside a fully-enclosed building, unless outdoor storage is permitted in the zoning district in which the use is located. This definition includes office support services, services to buildings and dwellings, machinery and equipment (except automotive) repair and maintenance, personal and household goods repair and maintenance, construction and construction related contractors, public utility and transportation construction contractors, all other special trade contractors.

SERVICE USE. A land use in which services are provided including, but not limited to, professional services, repair services, construction services, lodging services, and medical services.

SETBACK. The minimum required horizontal distance between a structure and the lot line or street centerline.

SETBACK, ESTABLISHED. The setback established by existing structures along a block front.

SETBACK, REQUIRED. The minimum setback required by this ordinance.

SHADE TREE. Usually a deciduous tree, rarely an evergreen, planted primarily for its high crown of foliage or overhead canopy.

SHOOTING RANGE, INDOOR. The use of a completely enclosed structure for archery and/or the discharging of firearms for the purposes of target practice or temporary competitions.

SHOOTING RANGE, OUTDOOR. The use of land for archery and/or the discharging of firearms for the purposes of target practice or temporary competitions.

SHOPPING CENTER. A building or group of buildings with two (2) or more uses, either connected or freestanding, which is designed with common parking, pedestrian movement, ingress and egress, and used for the sale of merchandise or services to the public. Shopping centers shall be construed to include all out-parcels, whether or not developed, and shall permit any permitted within the zoning district in which it is located except for those uses that require outdoor storage.

SHRUB. A woody, branching plant of relatively low height.

SIGHT DISTANCE TRIANGLE. The triangular area formed by the point of intersection of two street right-of-way lines and a point located along each right-of-way line a distance away from the intersection that varies based on the width of the intersecting rights-of-way.

SIGN. An object, device, display, or structure, or part thereof, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including but not limited to words, letters, pennants, banners, emblems, trademarks, trade names, insignias, numerals, figures, design, symbols, fixtures, colors, illumination, or projected images or any other attention directing device.

SIGN AREA. The entire area of a sign within a parallelogram, triangle, circle, semi-circle or other regular geometric figure, including all of the elements of the display, but not including blank masking (a plain strip, bearing no advertising matter around the edge of a sign), frames, display of identification or licensing officially required by any governmental body, or structural elements outside the sign surface and bearing no advertising matter.

SIGN FACE. That part of the sign that is or can be used to identify, advertise, or communicate information or that is used to attract the attention of the public for any purpose. This definition includes any frame, structural member, or other part of the sign when such is designed or used, including the use of color or lighting, to attract the attention of the public.

SIGN HEIGHT. The distance from the base of the sign at normal grade to the top of the highest attached component of the sign.

SIGN STRUCTURE. The frame supporting a freestanding sign, wall sign, projecting sign, suspended sign, portable sign, marquee sign, or roof sign and poles or supports used to elevate or support the frame.

SIGN TYPES. See Article 6 for descriptions of all sign types.

SIGNIFICANT TREE. Any tree other than a pine tree with a caliper of 18 inches or more.

SITE PLAN. A scaled drawing and supporting test showing the relationship between lot lines and the existing or proposed uses, buildings, or structures on the lot. The site plan may include, but is not limited to, site-specific details such as building areas, building height and floor area, setbacks from lot lines and street rights-of-way, intensities, densities, utility lines and locations, parking, access points, roads, and stormwater control facilities, that are depicted to show compliance with all legally required development regulations that are applicable to the project and the site plan review. A site plan approval based solely upon application of objective standards is an administrative decision and a site plan approval based in whole or in par upon the application of standards involving judgment and discretion is a quasi-judicial decision. A site plan may also be approved as part of a conditional zoning decision.

SMALL TREE. A tree whose height is less than thirty-five feet at maturity and meets the specifications of American Standards for Nursery Stock published by the American Association of Nurserymen.

SOCIAL, FRATERNAL, AND PHILANTHROPIC CLUB OR LODGES (NON-PROFIT). A building or land used for the activities of a non-profit private club or social organization and not adjacent to, operated as, or in connection with a public tavern, cafe, or other place open to the public.

SOLID WASTE. Any hazardous or non-hazardous garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, institutional, commercial, agricultural, and land clearing operations. This term does not include fowl and animal fecal waste; solid or dissolved material including domestic sewage, and sludge generated by the treatment thereof, in sanitary sewage disposal systems which have a design capacity of more than 3,000 gallons or which discharge effluents to the surface waters, irrigation return flows; or wastewater discharges, and the sludge incidental thereto and generated by the treatment thereof, which are point sources subject to permits granted under Section 402 of the Federal Water Pollution Control Act, as amended (33 U.S.C. Sec. 1251 et seq.) and permits granted under NC GS 143-215.1 by the Environmental Management Commission; oils and other liquid hydrocarbons controlled under Article 21A of Chapter 143 of the North Carolina General Statutes; any radioactive material as defined by the North Carolina Radiation Protection Act (NC GS 104E-1 through 104E-23); or mining refuse covered by the North Carolina Mining Act (NC GS 74-46 through 74-68), and regulated by the North Carolina Mining Commission (as defined under NC GS 143B-290).

SPECIMEN TREE. A specimen tree is a tree (or group of trees) that may be considered important community assets due to their unique or noteworthy characteristics or values. A tree may be considered a specimen tree based on its size, age, rarity or special historical or ecological significance and may also meet the following criteria:

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Large hardwoods (e.g., oaks, poplars, maples, etc.) and softwoods (e.g., pines sp.) in good or better condition with a DBH of twenty-four inches or greater.

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Smaller understory trees (e.g., dogwoods, redbuds, sourwoods, persimmons, etc.) in good or better condition with a DBH of 12 inches or greater

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Lesser-sized trees of rare species or special intrinsic value as approved by the Town.

SPOT LIGHT. A lighting assembly designed to direct the output of a contained lamp in a specific tightly focused direction (a beam) with a reflector located external to the lamp.

STACKING LANE. A portion of the vehicular use area on a site that is dedicated to the temporary storage or "standing" of vehicles engaged in drive-through use of the site or development. Parking or storage of vehicles is not permitted within the stacking/standing area.

STEALTH TELECOMMUNICATIONS ANTENNAE. Telecommunications antennae which are housed within a building or on a structure so that the antennae are disguised as some other permitted structure or use.

STORAGE TANKS, ABOVE GROUND. Storage tanks located above ground which are accessory to industries or businesses in their operations and are used to store chemicals, fuels, water, and other liquids and materials.

STORAGE TANK, WATER. A standpipe or elevated tank used to store a supply of water or to maintain equal pressure on a water system.

STORY. That part of a building or structure above ground level between a floor and the floor or roof next above. A mezzanine shall be considered a story if it exceeds one-third of the area of the floor immediately below. A penthouse shall be considered a story if it exceeds one-third of the area of the roof.

STREAM. A body of concentrated flowing water in a natural low area or natural channel on the land surface (NC Administrative Code: 15A NCAC 02B .0233(2)). There are three stream types: ephemeral, intermittent, and perennial.

STREAM BUFFER. 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 stream buffer is measured landward from the normal pool elevation of impounded structures and from the bank of each side of streams or rivers.

STREAM, EPHEMERAL. Channels that only carry stormwater in direct response to precipitation. They may have a well defined channel and they typically lack the biological, hydrological, and physical characteristics commonly associated with intermittent or continuous conveyances of water. These features are typically not regulated by NC DWR or the U.S. Army Corps of Engineers.

STREAM, INTERMITTENT. A well-defined channel that contains water for only part of the year (typically during winter and spring). The flow may be heavily supplemented by stormwater. When dry, they typically lack the biological and hydrological characteristics commonly associated with continuous conveyances of water. These features are regulated by NC DWR and typically regulated by the U.S. Army Corps of Engineers. They are identified on seven and one-half minute (7.5') United States Geological Survey Quadrangle Maps by dashed blue lines.

STREAMS, PERENNIAL. A well-defined channel that contains water year round during a year with normal rainfall. Groundwater is the primary source of water, but they also carry stormwater. They exhibit the typical biological, hydrological, and physical characteristics commonly associated with the continuous conveyance of water. These features are regulated by NC DWR and typically regulated by the U.S. Army Corps of Engineers. They are identified on seven and one-half minute (7.5') United States Geological Survey Quadrangle Maps by solid blue lines.

STREET. A right-of-way for vehicular travel.

STREET CLASSIFICATIONS. The following street classifications are intended to define the street types shown on the Yadkinville Comprehensive Transportation Plan (CTP):

Collector. A state or local road designed primarily to connect local streets with thoroughfare/arterial streets and/or to provide direct connection between two (2) or more arterial streets and which may be designed to carry significant volumes of vehicular traffic having neither origin nor destination on the street.

Expressway. A controlled access federal and/or state highway with mostly grade-separated intersections designed primarily for the high-speed movement of very large volumes of vehicular traffic from one area or region to another.

Freeway. A restricted access federal and/or state highway with grade-separated intersections designed primarily for the high-speed movement of very large volumes of vehicular traffic from one area or region to another.

Local. Those streets whose primary function is to provide direct access to individual properties.

Major Thoroughfare (Major Arterial). A limited access federal and/or state highway designed primarily for the movement of large volumes of vehicular traffic from one area or region to another. Also referred to as a major thoroughfare.

Minor Thoroughfare (Minor Arterial). A state or local road designed for the movement of traffic from one area of the City to another. Also referred to as minor thoroughfare.

STREET FRONTAGE. The length of lot abutting a public right-of-way or private street.

STREET, PARALLEL FRONTAGE ROAD. A public or private street adjoining or parallel to an arterial street designed to provide access to abutting property in place of the arterial.

STREET, PRIVATE. An interior circulation road designed and constructed to carry vehicular traffic from public streets within or adjoining a site to parking and service areas; it is not maintained nor intended to be maintained by the public.

STREET, PUBLIC. A right-of-way or fee simple tract of land which has been set aside for public travel, dedicated to the public by the recording of a subdivision plat, built to public street standards, and eligible for maintenance by either the Town of Yadkinville or the State of North Carolina.

STREET, STUB. A nonpermanent dead-end street intended to be extended in conjunction with the development of adjacent lots or land.

STREET LINE. The outer boundary of a street right-of-way.

STREET ORIENTATION. See "Building Presentation."

STREET RIGHT-OF-WAY. Street right-of-way shall mean any public right-of-way set aside for public travel which is accepted or eligible to be accepted for maintenance by the State of North Carolina or the Town of Yadkinville if so authorized; or has been dedicated for public travel by the recording of a plat or a subdivision which has been approved or is subsequently approved by the Town of Yadkinville; or has otherwise been established as a public street prior to the adoption of this Ordinance.

STREET VISTA. A view framed by buildings at the termination of the axis of a thoroughfare or large neighborhood street.

STREETSCAPE. An area within a street's right-of-way that may contain sidewalks, street furniture, landscaping or trees, and similar features.

STRUCTURE. Anything constructed, installed, or portable, the use of which requires a location on a parcel of land. This includes a fixed or movable building which can be used for residential, business, commercial, agricultural, or office purposes, either temporarily or permanently. "Structure" also includes, but is not limited to, swimming pools, tennis courts, signs, cisterns, sewage treatment plants, sheds, and similar accessory construction; however, it does not include landscape features such as ornamental pools, planting boxes, sculpture, birdbaths, open terraces, at-grade bridges and walkways, at-grade slab patios, driveways, small non-permanent shelters for pets, playhouses, open stairs, recreational equipment, flagpoles, underground fallout shelters, air-conditioning compressors, pump houses, wells, mailboxes, outdoor fireplaces, burial vaults, or cemetery marker monuments.

SUBDIVIDER. Any person, firm, corporation, or entity who subdivides or develops any land deemed to be a subdivision as herein defined.

SUBDIVISION. All divisions of a tract or parcel of land into two (2) or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) and shall include all divisions of land involving the dedication of a new street or a change in existing streets; provided, however, that the following shall not be included within this definition:

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The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of this Ordinance.

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The division of land into parcels greater than ten acres where no street right-of-way dedication is involved;

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The public acquisition by purchase of strips of land for the widening or opening of streets or the location of public utility rights-of-way;

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The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards this Ordinance;

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The division of land into plots or lots for use as a cemetery; and

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Subdivisions resulting from proceedings to partition interests in lots or parcels pursuant to Chapter 46 of the North Carolina General Statutes (or any successor statute) resulting in the division of a lot or parcel into two (2) or more lots or parcels except where the partition proceeding is brought to circumvent the provisions of this Ordinance.

SUBDIVISION, MINOR. A subdivision of land meeting either of the following, that is reviewed and approved as a final plan with no preliminary plat approval required:

a.

Consisting of not more than four (4) lots, fronting on an existing street, not requiring any new street(s) for access to interior property, and not requiring extension of public water or sewer line, or

b.

The entire area of the tract or parcel to be divided is greater than five (5) acres, no more than three (3) lots result from the division, and no part of the tract or parcel to be divided has been subdivided in the ten (10) years prior to this division.

SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, expansion, or improvement of a structure, the cost of which exceeds 50% of the assessed value of a structure as determined either before the expansion or improvement begins or before the damage occurred giving rise to the repair or reconstruction. "Substantial improvement" shall not include, however, any repair or improvement required to bring the structure into compliance with existing state or Town code specifications necessary to ensure safe habitation of the structure.

SURVEYOR. A person licensed to practice surveying in the State of North Carolina.

TAXICAB SERVICE. A facility for the storage, maintenance, and dispatch of taxis, and associated customer ticketing and waiting areas.

TECHNICAL REVIEW COMMITTEE (TRC). A group of professionals tasked with reviewing proposed development plans for compliance with local, state, federal regulations and best management practices. This may include, but is not limited to, planning staff, town engineer, public works director, fire marshal, emergency management, NCDOT, and representatives from other applicable agencies.

TELECOMMUNICATION LINES AND RELATED APPURTENANCES. Any utility line, conductor, or other conduit by which audio, visual, or computer information is transmitted.

TELECOMMUNICATION TOWER. A structure either freestanding or attached to a building, principally intended to radiate or receive a source of non-ionizing electromagnetic radiation (NIER), and primary and accessory equipment related to broadcast services, cellular or digital telephone services, pagers, beepers, data, and common carriers (as regulated by the Federal Communications Commission), including FM, AM, two-way radio, fixed point microwave, commercial, satellite, cellular and PCS communication systems. The term telecommunication tower does not include electrical or telephone transmission lines or supporting structures, antennae of amateur radio (HAM) operators, amateur club services licensed by the Federal Communications Commission, satellite dishes, and antennae less than 60 feet in height with transmitting power of 250 watts or less.

TEMPORARY HEALTH CARE STRUCTURE. A transportable residential structure permitted under NC GS 160A-383.5, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person, that (i) is primarily assembled at a location other than its site of installation, (ii) is limited to one (1) occupant who shall be the mentally or physically impaired person, (iii) has no more than 300 gross square feet, and (iv) complies with applicable provisions of the State Building Code and NC GS 143-139.1(b).

TEMPORARY USE. A use permitted on a lot for a specific purpose which is to be removed within a specified time period. Examples of temporary uses are mobile classrooms, construction trailers, and produce stands.

TENANT. The occupant or use of a building, portion of a building, or lot.

TENANT BAY. The exterior portion of a multi-tenant building devoted to a single tenant.

TERMINAL, BUS OR TAXI. A facility for the storage, maintenance, and dispatch of buses or taxi, and associated customer ticketing and waiting areas.

TERMINAL, FREIGHT. Any facility for handling freight, with or without storage and maintenance facilities.

THEATER, COMMUNITY. An establishment owned and operated by a bona fide nonprofit organization that has installed permanent staging and seating areas and is engaged solely in the business of sponsoring or presenting amateur or professional theatrical events to the public.

THEATER, DRIVE-IN. An establishment for the outdoor viewing of motion pictures by patrons while in motor vehicles.

THEATER, INDOOR. An establishment for the indoor viewing of motion picture, musical or theatrical performances by patrons.

THEATER, OPEN AIR. An establishment for the outdoor viewing of motion picture, musical or theatrical performances by patrons. This does not include drive-in theaters.

THOROUGHFARE. See "Street, Arterial."

TINY HOUSE. A tiny house is a permanent single family dwelling with a maximum 500 square feet of floor area, excluding lofts, and meeting the minimum construction requirements of the North Carolina State Residential Code, 2018 Edition, Section 101.3.2.10 NC Administrative Code.

TOURIST HOME. According to North Carolina General Statute 42A, a tourist home or vacation rental is a residential property for vacation, leisure, or recreation purposes for fewer than 90 days by a person who has a place of permanent residence elsewhere, to which he or she intends to return.

TOWER, MONOPOLE. A slender, often telescoping, self-supporting tower used to support telecommunications equipment.

TOWER, STEALTH. Any tower which is designed to blend into the surrounding environment.

TRAFFIC IMPACT ANALYSIS. A study conducted by a licensed professional engineer to evaluate the capacity and safety impacts on the transportation system from a proposed development and identify necessary improvements or management strategies to mitigate negative impacts.

TRAILER. An open or enclosed, wheeled, non-motorized transport mechanism that may be attached to a motor vehicle for the transport of cargo.

TRANSIT STOP. Any structure or location that is primarily used, as part of a public transit system, for the purpose of loading, unloading, or transferring passengers or accommodating the movement of passengers from one mode of transportation to another.

TRANSPORTATION USE. A land use related to transportation services including, but not limited to, rail, public transit, taxi services, truck terminals, and bus services.

TREE. A large, woody plant having one or more self-supporting stems or trunks and numerous branches. May be classified as deciduous or evergreen.

TREE STAND. An aggregation of trees occupying a specific area and sufficiently uniform in composition, age, arrangement, and condition to make it distinguishable from the forest or adjoining areas.

TRUCK STOP. A facility which accommodates the trucking industry by providing fueling stations, weigh stations, restaurants, convenience foods, bathing facilities, and occasionally, overnight rooming accommodations. These facilities are typically located near state, federal or interstate highways.

UNDERSTORY TREE. A species of tree which normally grows to a mature height of fifteen to thirty-five feet in height and meets the specifications of the American Standards for Nursery Stock published by the American Association of Nurseryman.

UNIVERSITY, COLLEGE AND JUNIOR COLLEGE. A use, whether privately-owned or publicly-owned, providing academic education beyond the high school level.

USE, PRINCIPAL. The primary or predominant use of any lot or parcel.

USE, TEMPORARY. A use established for a limited duration with the intent to discontinue such use upon the expiration of the time period.

UTILITIES, ABOVE GROUND. Above ground facilities associated with the distribution and collection of water, sewer, electric, gas, cable TV, telephone, or internet service except that such shall not include any facility otherwise defined and regulated by this Ordinance such as telecommunication towers or public works facilities.

UTILITIES, BELOW GROUND. Utility facilities located entirely below ground associated with the distribution and collection of water, sewer, electric, gas, cable TV, telephone, or internet service except that such shall not include any facility otherwise defined and regulated by this Ordinance.

UTILITIES SERVICE AREA. An area which contains any surface mounted heating, ventilation, or air conditioning equipment or freestanding above ground devices, such as utility boxes, booster boxes, switch gear, transformers, water towers, pump stations, lift stations, utility substations or similar appurtenances which are part of an underground utilities system:

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Private utility service area - an area, on private property, which contains privately owned utility structures for the exclusive service of the premises where they are installed; or,

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Public utility service area - an area, on either private or public property, which contains utility structure owned by a utility for the service of one or more premises, but excluding utility substations.

UTILITY EASEMENT. An easement which grants the right to install and maintain utilities including, but not limited to, waterlines, sewer lines, storm sewer lines, electrical power lines, telephone lines, natural gas lines, and community antenna.

UTILITY USE. Facilities of any agency which, under public franchise or ownership, provides the general public with electricity, gas, oil, water, sewage, or rail transportation. The term utility shall not be construed to include the following: corporate or general offices; storage or service buildings or yards; gas or oil processing, manufacturing or storage facilities; transmission towers; or postal facilities.

VARIANCE. Relief from the requirements of this Ordinance granted by the Board of Adjustment.

VEHICLE. A motorized transport mechanism that transports passengers or cargo including, but not limited to, motorcycles, cars, trucks, buses, watercraft (boats).

VESTED RIGHT (ZONING). A right established pursuant to the provisions of NC GS 160D-108 and this Ordinance to undertake and complete the development and use of property.

VETERINARY SERVICES. See "Animal Services".

WALL. For purposes of signage, the vertical exterior surface of a building. The area of all parallel vertical surfaces along a single building elevation regardless of offsets shall be counted as one wall. The front of each unit of a multiple tenant commercial building shall be counted as a separate wall. The area of an angled wall surface shall be counted as part of whichever adjoining wall surface it is most parallel with. A 45 degree angled wall may be counted as part of the area of either adjoining wall, but not as part of both.

WAREHOUSE USE. Establishments primarily engaged in the warehousing and storage of general merchandise, refrigerated goods, and farm products. This definition does not include mini-warehouse storage.

WAREHOUSE, MINI. Establishments primarily engaged in the rental or leasing of mini-warehouses and self-storage units which individuals pay rent on spaces to store their belongings.

WASTE INCINERATOR. A site with one or more facilities that use thermal combustion processes to destroy or alter the character or composition of waste products, not including hazardous waste management facilities.

WASTE TRANSFER STATION. A fixed facility where solid waste from collection vehicles is consolidated and temporarily stored for subsequent transport to a permanent disposal site.

WATER DISTRIBUTION LINES, PUMPS, STORAGE TANKS, AND APPURTENANCES. Utility lines and related structures that direct potable water to individual sites.

WATER SUPPLY WATERSHED. An area from which water drains to a point of impoundment, and the water is then used principally as a source for a public water supply.

WATERSHED. The entire land area contributing surface drainage into a specific stream, creek, lake or other body of water.

WATERSHED BUFFER. A natural or vegetated area 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.

WATERSHED CRITICAL AREA. The area adjacent to a water supply intake or reservoir where risk associated with pollution is greater than from the remaining portions of the watershed. The critical area is defined as extending either one-half mile from the normal pool elevation of the reservoir in which the intake is located or to the ridge line of the watershed (whichever comes first); or one-half mile upstream from the intake located directly in the stream or river (run of the river), or the ridge line of the watershed (whichever comes first).

WATERSHED PROTECTED AREA. The area adjoining and upstream of the critical areas and encompassing the remainder of the watershed where risk of water quality degradation from pollution is less than in the critical area.

WATER TREATMENT PLANT. Any facility or facilities used or available for use in the collection, treatment, testing, storage, pumping, or distribution of water for a public water system.

WETLANDS. Those areas that are inundated or saturated by an accumulation of surface or ground water at a frequency and duration sufficient to support, and that under normal conditions do support, a prevalence of vegetation typically adopted for life in saturated soil conditions.

WIRELESS TELECOMMUNICATIONS FACILITY. The following definitions relate to wireless telecommunication activity:

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Abandonment. Cessation of use of a wireless support structure for wireless telecommunication activity.

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Accessory equipment. Equipment serving or being used in conjunction with a wireless facility or wireless support structure. The term includes utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.

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Antenna. Communications equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless telecommunications services.

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Base station. A station at a specific site authorized to communicate with mobile stations, generally consisting of radio transceivers, antennae, coaxial cables, power supplies and other associated electronics.

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Collocation. The placement or installation of wireless facilities on existing structures, including electrical transmission towers, water towers, buildings and other structures including wireless support structures that are capable of supporting the attachment of such facilities in compliance with applicable codes and ordinances.

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Concealed wireless facility (stealth wireless facility). A wireless facility that is integrated as an architectural feature of an existing structure or any new wireless support structure designed to camouflage or conceal the presence of antennae or towers, so the purpose of the facility or support structure is not readily apparent to a casual observer.

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Electrical transmission tower. An electrical transmission structure used to support high voltage overhead power lines. The term shall not include any utility pole.

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Equipment compound. An area surrounding or near the base of a wireless support structure within which are located wireless facilities.

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Existing structure. A wireless support structure, erected prior to the application for collocation or substantial modification under the wireless telecommunication facility provisions, that is capable of supporting the attachment of wireless facilities, including but not limited to electrical transmission towers, buildings and water towers. The term shall not include any utility pole.

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Fall zone. The area in which a wireless support structure may be expected to fall in the event of a structural failure, as measured by engineering standards.

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Monopole. A single, freestanding pole type structure supporting one or more antennae. The term shall not include any utility pole.

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Ordinary maintenance. Ensuring that wireless facilities and wireless support structures are kept in good operating condition. Ordinary maintenance includes inspections, testing and modifications that maintain functional capacity and structural integrity. Examples are: strengthening a wireless support structure's foundation or the structure itself; replacing antennae of similar size, weight, shape and color; replacing equipment within an existing equipment compound; and relocating antennae to different height levels on an existing monopole or tower upon which it is currently located.

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Replacement pole. A pole of equal proportions and of equal height - or such other height that would not constitute a substantial modification to an existing structure - in order to support wireless facilities or to accommodate collocation. A replacement pole requires the removal of the wireless support structure it replaces.

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Substantial modification. The mounting of a proposed wireless facility or facilities on a wireless support structure which:

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Increases the existing vertical height of the wireless support structure by the greater of: a) more than 10 percent; or b) the height of 1 additional antenna array with separation from the nearest existing antenna not to exceed 20 feet;

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Involves addition an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the support structure that protrudes horizontally from the edge of the support structure more than 20 feet, or more than the width of the support structure at the level of the appurtenance, whichever is greater (except where necessary to shelter the antenna from inclement weather or to connect the antenna to the support structure via cable), or

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Increases the square footage of the existing equipment compound by more than 2,500 square feet, or

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Adds antennae that would increase the girth (width) of the support structure by more than 20 feet.

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Temporary wireless communications facility. A portable, self-contained wireless facility that can be moved to a location and set up to provide wireless services on a temporary or emergency basis. Also known as a "COW" or "cell-on-wheels". A COW is normally vehicle mounted and contains a telescoping boom as the antenna support structure.

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Tower. A general term used to describe wireless support structures other than for concealed wireless facilities. Includes lattice-type structures (guyed or freestanding) and monopoles that support one or more antenna.

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Utility pole. A structure, usually a wooden or metal pole, owned and/or operated by a public utility, municipality, electric membership corporation or rural electric cooperative that is specifically for and used to carry lines, cables, or wires, primarily for local distribution, and/or to provide lighting.

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Wireless facility. The set of equipment and network components, exclusive of the wireless support structure, necessary to provide wireless telecommunications services, including but not limited to: antennae, accessory equipment, transmitters, receivers, base stations, power supplies, and cabling.

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Wireless support structure. A freestanding structure such as a monopole or lattice tower designed to support wireless facilities, or a building or other structure proposed for and capable of supporting such facilities.

WHOLESALE USE. An establishment primarily engaged in selling durable and non-durable goods to retailers; to industrial, commercial, institutional, farm, construction contractors; or for professional business uses; or to other wholesalers. Merchandise is stored inside enclosed buildings unless outdoor storage is permitted in the zoning district in which it is located. Activities including physically assembling, sorting, and grading goods in large lots and breaking bulk lots for redistribution in smaller lots are conducted inside enclosed buildings in such a way as to have a minimal impact on surrounding properties. Operations with over 25% of sales to retail customers shall also be considered a retail use. This definition includes motor vehicle and motor vehicle parts and supplies, merchant wholesalers, furniture and home furnishing merchant wholesalers, lumber and other construction materials merchant wholesalers, professional and commercial equipment and supplies merchant wholesalers, electrical and electronic goods merchant wholesalers, hardware and plumbing and heating equipment and supplies merchant wholesalers, miscellaneous durable goods merchant wholesalers, paper and paper products merchant wholesalers, drugs and druggists' sundries merchant wholesalers apparel, piece goods, and notions merchant wholesalers, grocery and related product merchant wholesalers, beer, wine, and distilled alcoholic beverage merchant wholesalers, miscellaneous non-durable goods merchant wholesalers, motor vehicle and motor vehicle parts and supplies merchant wholesalers (except motor vehicle parts (used) merchant wholesalers), metal and mineral (excluding petroleum) merchant wholesalers, machinery, equipment and supplies merchant wholesalers, farm product raw material merchant wholesalers, chemical and allied products merchant wholesalers, farm supplies merchant wholesalers.

WORKING DAY. Any day on which the offices of the Town of Yadkinville are officially open, not including Saturdays, Sundays, and other holidays designated by the Town Board of Commissioners.

YARD. Any area of land located between a lot line and a required setback line. The minimum depth of a yard shall be determined by horizontal measurement at a right angle from the applicable lot line.

YARD, BUFFER. A strip of land with natural or planted vegetation and/or fencing, located between a structure or use and a side or rear property line, intended to spatially separate and visually obstruct the view of two (2) adjacent land uses or properties from one another. A buffer area may include any required screening for the site.

YARD, BUILDING. The landscaping area between a building and paved parking area.

YARD, FRONT. The yard extending across the full width of the lot and lying between the front lot line and the front line of the principle structure.

YARD, INTERIOR SIDE. The yard extending along the length of the lot between the required front yard and the required rear yard, and between the side lot line and the side line, provided that the side lot line is not adjacent to a public street right-of-way.

YARD, PARKING LOT. The landscaping located in and around a parking area.

YARD, REAR. The yard extending across the full width of the lot and lying between the rear lot line and the rear line of the principle structure.

YARD, RESIDENTIAL LOT. The landscaping located on single-family residential lot.

YARD, SCREENING. The landscaping or fencing located around outdoor storage, mechanical equipment, loading docks, waste collection, and similar facilities that effectively screens such facilities from view.

YARD, STREET. The area of land along the front property line parallel to a right-of-way reserved for tree planting and landscaping.

ZONING MAP AMENDMENT OR REZONING. An official change in the zoning district of a property, allowing different land uses (residential, commercial, industrial, etc. and density (number of dwelling units or density and scale of buildings) requirements on a property.

ZONING MAP, OFFICIAL. See "Official Zoning Map".

ZONING PERMIT. A permit to occupy or use a parcel of land or construct a building or other structure on a parcel of land subject to the requirements of this Ordinance. This does not include building permits issued by the Yadkin County Building Inspector.

(Ord. of 10-10-2019, ZTA 2019-04; Ord. of 12-2-2019, ZTA 2019-06; ZTA Ord. No. 2021-02, § 7, 4-5-21; ZTA Ord. No. 2021-03, §§ 29, 30, 5-3-21; ZTA Ord. No. 2021-04, §§ 2, 4, 5, 2-7-22)