§ 40-548. Definitions.

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

Accessory apartments means a self-contained dwelling unit incorporated within an existing structure for a single family.

Accessory entertainment means cumulatively all areas that include dance floors, stages, live performances, disc-jockey areas, and/or any other entertainment.

Accessory use, structure or building means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. See article III of this chapter, Table 40-75 referenced in section 40-75 regarding maximum square footage of accessory structures on a lot relative to the principal structure. (Also see Home occupation.)

Adult day care centers means institutions for the care of instruction of non-preschool aged persons. Also see article IX of this chapter, day nurseries.

Adult entertainment establishment means retail or service establishments permitted in Class II as defined in section 14-63(b) and which consist of, but are not limited to, cabarets, bars, taverns, theaters, or other establishments which allow individuals, whether a patron, guest, invitee, employee (permanent or temporary), or entertainer (contracted or otherwise) who is scantily clad and who performs for the purpose of promotions, exhibition, and/or monetary gain through payment or solicitation(s). (Also see article IX of this chapter, adult entertainment establishment.)

Agricultural use , for the purposes of this chapter, means the raising of crops, and shall not include the raising of livestock.

Aircraft means a device that is used or intended to be used for flight in the air. The term does not refer to unmanned devices such as drones, kites, amateur rockets, and RC aircraft.

Alley means a strip of land owned publicly or privately, set aside primarily for vehicular service access to the rear or side of property otherwise fronting on a street of a higher classification.

Alterations means any change, addition or modification in construction or type of occupancy, any change in the structural members of a building, such as walls, or partitions, columns, beams or girders, the consummated act of which may be referred to herein as "altered" or "reconstructed."

Animal care facilities. Any commercial facility used for the purpose of the boarding, treatment, grooming, or sale of domesticated animals. Domesticated animals, for the purpose of this chapter, shall be defined as dogs, cats, and other generally accepted household pets.

Apartment . See definition for Housing unit.

Apartment house means any building or portion thereof used as a multiple dwelling for the purpose of providing three or more separate dwelling units which may share egress and other essential facilities.

Appurtenances means items required for the operation and maintenance of a building, including parapet walls, skylights, ventilation equipment, domes, flagpoles, cooling towers, housing for elevator equipment, stairways, tanks, fans, air conditioning and heating equipment and similar operational devices.

Art galleries means a building containing the display of photographs, paintings, sketches, sculptures or other items of art for show or sell.

As-built survey means a survey prepared by a registered land surveyor and performed at the final stage of construction to detail the position of all improvements on a tract, parcel or lot of land.

Attached single-family residential. Buildings that are permanently attached by roofed structures such as breezeways and carports shall be considered a principal building provided the connecting structure covers at least one exterior door to each building. This allowance shall not apply to connecting accessory structures together.

Automobile repair garage means any building or part thereof wherein is kept or stored motor vehicles and wherein painting, body and fender work, engine overhauling or other repair of motor vehicles is performed.

Awning means a roofline projection, which extends from a building to shelter a passerby from the weather. The sides of an awning, canopy, or marquee shall be open except for necessary supports, planting, boxes, and signs.

Barrier means curbs, walls, fences, or similar protective devices designed and located to protect public right-of-way and adjoining properties from damaging effects.

Basement means a story partly underground but having at least 60 percent of its height above the average level of the adjoining ground. A basement shall be counted as a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet, if used for business, commercial, industrial, or dwelling purposes.

Bed and breakfast inn , as defined in this section and in article IX of this chapter, is a form of guest lodging in which bedrooms are rented and breakfast is served. Bed and breakfast accommodations may only be provided in buildings principally used as private residences, or in accessory structures meeting the requirements of article IX of this chapter. The term is intended to describe the offering of temporary lodging in a private home having architectural and historic interest, rather than the provision of food service or the offering of facilities for long term occupancy, such as provided by boardinghouses, inns, and similar guest lodging.

Billboard means any sign or advertisement used as an outdoor display for the purpose of making anything known, the origin or point of sale of which is remote from such display. (Also see definition of Sign .)

Block means the length of street between two street intersections.

Board means the board of adjustment (B.O.A.).

Boats and boat trailers means a vessel or craft for use on the water, which is customarily mounted upon a highway vehicle designed to be hauled by an automobile vehicle.

Body piercing facility. A building where the piercing of holes in parts of the body other than the ear in order to insert rings, studs, or other pieces of jewelry.

Brewery means an establishment engaged in the production and distribution of beer and other fermented malt beverages. The establishment may include area for demonstration, education, tasting and other uses permitted in the district, in accordance with state and local laws.

Buffer means a dense, evergreen hedge or a combination of planting materials and fencing used to enclose, screen, or separate certain uses as specified in this chapter. The design, composition, height, and location of such facilities shall be approved by the town Building Inspector and Zoning Administrator, in accordance with the requirements of article VI of this chapter, landscaping and buffering.

Buildable means not constrained by environmentally sensitive conditions that would retard site development. In most instances, lands which are prohibited from development by state or federal environmental permitting agencies are not regarded as "buildable." An exception to this rule-of-thumb is private oceanfront property subject to CAMA regulations; this property can be utilized for meeting or calculating density, minimum lot area, setbacks, lot coverage, and other such requirements of this chapter.

Building means any structure enclosed and isolated by exterior walls constructed or used for residence, business, industry or other purposes.

Building area means the aggregate of the maximum horizontal cross section area of the main building on a lot and all accessory buildings, excluding cornices, eaves, gutters, chimneys not projecting more than 18 inches, steps, one-story open porches, bay windows not extending through more than one story and not projecting more than five feet, balconies, and terraces.

Building height means that distance measured from the highest appurtenance on the structure to:

(1)

The front street line.

(2)

The nearest front street line where there is not an adjacent right-of-way.

(3)

An average of each front street line on through lots.

(4)

Hotels: Appurtenances ten feet or less in height shall be exempted from the height measurement.

Building Inspector means the officer or other designated authority charged with the administration of the building code or his duly authorized representative or agent.

Building line. A line established by 1963 Succession law relating to the title of land built up and constructed in the town as a result of erosion control work. The land lying east of the building line is to be granted and conveyed to the town.

Building or structure, existing, means any structure erected prior to the adoption of the ordinance from which this chapter is derived, or one for which a legal building permit has been issued.

Building permit means permission granted by the Building Inspector for the erection, relocation, reconstruction, or structural alteration of any building.

Building setback line means a line that establishes the minimum allowable horizontal distance between the lot line and the nearest portion of any structure on the lot.

Bus means any motor vehicle designed to carry more than nine passengers and any motor vehicle other than a taxicab; designed for the transportation of persons for compensation.

Camping trailer means a vehicular portable structure mounted on wheels, constructed with collapsible partial side walls of fabric, plastic, or other material for folding compactly while being drawn by another vehicle and when unfolded at the site or location, providing temporary living quarters, and which is designed for recreation, travel, or camping purposes.

Car wash means a structure or portion thereof, the principal use of which is the washing of automobiles or other motor vehicles.

Carport . See definition for Structures and shed, open .

Cellar means a story having more than 40 percent of its height below the average level of the adjoining ground. A cellar shall not be counted as a story for the purpose of height measurement.

Certificate of compliance means a certification that a premises conforms to provisions of the this chapter and building code and may be used or occupied; also known as a certificate of occupancy. (Also see section 40-461.)

Certiorari means an appellate proceeding which brings into superior court or other appropriate forum the record of administrative, judicial or quasi-judicial actions for the purposes of either reexamining the action taken by the inferior body to determine the appropriateness of said action or to obtain further information in the pending case.

Commercial means a nonresidential use providing for the sale of general merchandise or convenience goods and services.

Commercial vehicle means a vehicle designed, maintained or used primarily for the transportation of merchandise or materials used in a business.

Common areas and facilities means those areas of a housing project and of a property upon which it is located that are for the use and enjoyment of the owner of housing units located in the project. The areas may include the land, roofs, main walls, elevators, staircases, lobbies, halls, parking space, and community facilities.

Common open space means a parcel or parcels of land or an area of water or a combination of both land and water within the boundaries of the development, which is designated and intended for the leisure and recreational use of the residents of the development, not including streets or off-street parking areas. Common open space shall be substantially free of structures, but may contain such improvements as are in the plan as finally approved and are appropriate for the benefit of residents of the development.

Common party walls means a wall, used jointly by two parties under easement agreement, erected upon a line separating two parcels of land, each of which is a separate real estate entity.

Conditional use means a use that would not be an appropriate general use in a particular zoning district without restriction or review, but which, if controlled as to number, area, location or relation to surrounding uses, would promote the public health, safety or general welfare. (See article IX of this chapter for special development standards and article XI of this chapter for conditional use permit process.)

Conditional use permit means the granting of permission by the town council for certain property uses with conditions attached. (See article IX of this chapter for special development standards and article XI of this chapter for conditional use permit process.)

Condominium means a system of individual fee simple ownership of units in a multi-unit structure, combined with joint ownership of common areas and facilities of the structures and land.

Construction, start of, includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, or improvement was within 180 days of the permit date. The actual start means 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 including underground utilities (water, sewer, electrical, storm drain) 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.

Convenient food store means a structure in which food stuffs, beverages, pharmaceuticals, small household supplies and small personal items are retailed provided that the gross floor area of the structure shall not exceed 1,500 square feet. Personal goods and wares sold typically can be hand-carried from the premises by the buyer.

Conversion means a conversion is the modification of an existing residential structure to increase its density by one or more housing units.

Curb means a structural element at the edge of an existing or proposed street or other way, generally at a higher elevation than the adjacent edge of roadway, installed to deter vehicles and water from leaving the roadway, to otherwise control drainage, to delineate the edge of existing or future roadways or driveways, to present a more finished appearance to the street, to assist in the orderly development of the roadside and to contribute to the stability and structural integrity of the pavement.

Day care center, adult, means a place receiving a payment, fee or grant for the temporary, part-time care of more than five adults, for more than four hours per day. (See article IX of this chapter for development standards.)

Day care center, child, means a place receiving a payment, fee or grant for the temporary, part-time care of more than five children, 13 years of age or less, for more than four hours per day, without transfer of custody. The term "day care center, child" includes "kindergartens," "day nurseries," "nursery schools" or other similar establishments. (See article IX of this chapter for development standards.)

Day spa means a commercial enterprise, private club, or business established for the purpose of providing an indoor facility for personal services provided by professional, licensed estheticians, massage therapist and other licensed therapist.

Deck means an unenclosed structure designed for open-air recreation and leisure. A deck may be covered by the floor of another room or deck, but not by a roof. The installation of permanent screening to wall or roof enclosures shall be regarded as the conversion of a deck into a porch.

Deeded means conveyed through legal change of title or ownership.

Developer means a person, including a governmental agency or redevelopment authority, who intends to undertake any development and who has a legal or equitable interest in the property to be developed.

Development means any manmade change to improved or unimproved real estate, including, but not limited to the construction, erection, structural alteration, enlargement, or rehabilitation of any buildings or other structures, including farm buildings; mining; dredging; filling; grading; paving; excavation or drilling operations; clearing of vegetation; any division of a parcel of land into two or more parcels and any use or change in use of any structures or land. Development shall also include any land disturbing activity on improved or unimproved real estate that changes the amount of impervious or partially impervious surfaces on a parcel, or that otherwise decreases the natural infiltration of precipitation into the soil.

Development line. The line established by the town representing the seaward-most allowable location of oceanfront development.

Distillery. An establishment where the production of spirituous liquor takes place in accordance with G.S. 18B-1105 and 18B-1114.7.

Drive-in/thru facility means any facility that communicates and/or conducts transactions with patrons that are in their vehicle.

Drive-up bank teller facility means a device designed to permit access to bank teller services by persons in automobiles.

Driveway, private, means the area outside a street intended to serve as ingress and/or egress for vehicular traffic between the street property line and an off-street parking area outside the street.

Driveway, public, means the area between the roadbed of a public street and other property, designed for, or installed, serving as ingress and/or egress for vehicular traffic between such roadbed or traveled portion of the street and off-street parking area or private driveway.

Drop-in child care means child care arrangement where care is provided while parents or legal guardian participate in activities that are not employment related, and where the parents are on the premises or otherwise easily accessible. These arrangements can be available in health spas, health clubs, bowling alleys, shopping centers, resort hotels, or other similar locations. Care can be provided while parents or legal guardian occasionally run errands or participate in leisure activities.

Dry stack storage means vertical storage of boats in a rack system, providing for storage of at least two layers of boats.

Dwelling unit. See housing unit .

Ear piercing facility. A building where the practice of making holes in the lobes or edges of the ears to allow the wearing of earrings.

Eating and/or drinking establishment means an establishment whose principal business is the sale of foods, frozen desserts, and/or both alcoholic and nonalcoholic beverages to a customer in a ready-to-consume state, and whose design and principal method of operation determines its classification as follows:

Bars and taverns means establishments primarily engaged in the sale and service of alcoholic beverages for on-premises consumption during any period of the day as permitted by law. The incidental sale or provision of food or snacks shall not entitle such a use to be considered a restaurant under other provisions of this Code. Synonyms: Private club as defined by the ABC commission, tavern, saloon, barroom, inn, pub, watering hole, drinking hole, gin mill, tap room.

Drive-in/drive-thru restaurant means establishments serving from edible containers or in paper, plastic, or other disposable containers at a drive-in window. Consumption shall be off-premises, within the principal building, or at other facilities on the premises outside the principal building.

Eatery means establishments serving by delivery; pick-up; from an inside; outside; and/or a walk up ordering counter. These eateries cater to the sale of baked goods, sandwiches, salads, ice, cream, donuts, beverages and/or other similar foods.

Standard restaurant means establishments substantially engaged in preparing and serving meals. Standard restaurants shall have an inside dining area, and may include outside dining. To qualify as a standard restaurant, the establishment shall meet all criteria of the ABC commission for a restaurant designation as defined by G.S. 18B-1000.

Established grade means the elevation of the street grade as fixed by the town.

Estuarine tidal water , for purposes of this chapter, shall be construed to mean the Myrtle Grove Sound, the Atlantic Intracoastal Waterway (AIWW), marsh, swamp, or other watercourse or other wetland area that may be determined by the Zoning Administrator or Building Inspector or other official or agency which has jurisdiction over such matters.

Expenditure means a sum of money paid out in return for some benefit or to fulfill some obligation. Whenever the term is used hereafter, it also includes binding, contractual commitments to make future expenditures, as well as any other substantial changes in position.

Exterior architectural feature means the architectural style, general design and general arrangements of the exterior of a building or other structures including the kind, texture and color of the building materials, the size and scale of the building, and the type and style of all windows, doors, light fixtures, signs and other appurtenant features.

Extraterritorial area or jurisdiction means that land beyond the corporate limits extending for a distance of up to one mile in all directions as delineated on the official zoning map for the town.

Family means one or more individuals occupying a premises and living as a single nonprofit housekeeping unit, including domestic servants, provided that a group of five or more persons who are not related by blood or marriage shall not be deemed to constitute a family.

Family care home means a home with support and supervisory personnel that provides room and board, personal care and habitation services in a family environment for not more than six resident handicapped persons.

Farmers market means an establishment primarily engaged in the retail sale of solely fresh fruits and fresh vegetables. Such uses are typically found in public or municipal markets.

Fire escape means a fireproof stairway down an outside wall, to help people escape from a burning building.

Flammable liquids means liquids that ignite easily and burn freely.

Flood protection elevation means the elevation to which structures and uses regulated by this chapter are required to be elevated or floodproofed. This elevation is shown on the official flood hazard boundary map (FHBM).

Floodplain means those flood lands, not including the floodway, subject to inundation by the 100-year recurrence interval flood, or where such data is not available, the maximum flood of record.

Floodproofing means a combination of structural provisions, changes, or adjustments to properties and/or structures subject to flooding primarily for the reduction or elimination of flood damage to properties, water, and sanitary facilities, structures, and contents of buildings.

Floodway means that area subject to inundation by the ten-year recurrence interval flood.

Foundation survey means a survey prepared by a registered land surveyor (RLS) for the purpose of determining positional data on a foundation that has been set either on pilings or masonry.

Fuel pump island means any device or group of devices used for dispensing motor fuel or similar petroleum products to the general public.

Garage, private, means a building or space used as an accessory to or a part of a principal building permitted in any residential district, and providing for the storage of motor vehicles and in which no business, occupation or service for profit is conducted.

Garage, public, means any building or premises, except those described as a private garage, used for the storage or care of motor vehicles, or where any such vehicles are equipped for operation, repaired or kept for hire or sale.

Garage, repair . See Automobile repair garage.

Government facilities means indoor or outdoor areas improved to serve a particular government function.

Gross floor area means measured from the exterior building walls of the use. The area shall include:

(1)

Commercial uses: All floors where the business is conducted. Floor area shall include halls, lobbies, arcades, stairways, elevator shafts, enclosed porches and balconies.

(2)

Industrial uses: All floors devoted to a particular uses.

(3)

Residential uses: All floors.

Gross floor area, outdoor, means any unenclosed areas where business is conducted. The area shall be considered enclosed if any type of vertical surface other than typical mesh screening has been installed, whether it is on a temporary or permanent basis. Vertical surfaces shall include plastic roll downs or similar devices that prevent the free flow of air and weather into the commercial area. Vertical surfaces shall not include enclosures for garage areas.

Group care/rehabilitation facility means any facility licensed by the state department of human resources for the provision of non-resident services including guidance, therapy, counseling, or rehabilitation for one or more individuals.

Handicapped person means a person with a temporary or permanent physical, emotional or mental disability, including, but not limited to, mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances or orthopedic impairments, but not including mentally ill persons who are dangerous to others as defined in G.S. 122-58.2(1)b.

Health spa means a commercial enterprise, private club, or business established for the purpose of providing an indoor facility for physical exercise with the use of athletic equipment and accessory services. The term "health spa" includes private exercise clubs, figure salons or health clubs.

High rise means a multi-story building over five stories or over 50 feet.

Home occupation means an occupation for gain or support customarily conducted on the premises by a person or family residing thereon. (See article IX of this chapter for conditions.)

Hotel (motel) means a building providing sleeping accommodations commonly available on a daily basis for pay to transient and permanent guests or tenants, in six or more rooms. Dining rooms, restaurants or cafes, if existing, shall be conducted in the same building or buildings in connection therewith.

Hotel-iminium/motel-iminium means a structure containing individually owned hotel or efficiency units, and operated in the manner of a hotel or motel.

Hotel room means a room used for transient lodging, which in addition to a sleeping area may provide kitchen accommodations.

Housing unit (dwelling unit) means one or more rooms together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly or longer basis, and physically separated from any other housing unit which may be in the same structure, and containing permanent provisions for living, sleeping, sanitation and kitch facilities for not more than one family.

Housing unit, types.

Single-family detached	A structure, other than a manufactured home, containing one housing unit only.
Manufactured home	See article IX of this chapter for definitions and development standards related to manufactured homes.
Modular home	A dwelling constructed in accordance with the standards set forth in the state building code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation.
Multi-family structure	A structure containing three or more housing units, none of which are available for rental periods of less than one month. Has the same meaning as "apartment house."
Two-family dwelling (duplex)	A structure containing two housing units divided by a separation wall.
Triplex	A structure containing three housing units divided by separation walls.
Quadraplex	A structure containing four housing units divided by separation walls.
Garage apartment	A detached accessory or subordinate building to an existing single-family dwelling, containing living facilities for not more than one family and having sufficient enclosed area for one parked automobile.
Townhouse	A single-family dwelling containing at least two but not more than six housing units where the land is subdivided for individual units under the principal structure. The unit is separated on one or both sides from a similar unit or units by a party wall or walls. No unit shall be connected on more than two sides by common walls.

 

Impact fee means a fee charged by the town, in the amount so specified, which covers the costs of impacts created by the development which does not justify the expenditure of public money to supply the needs created (i.e., parking impact fee—not the responsibility of the public to supply the parking required by the business creating the need).

Junk yard or salvage operation means an establishment for storing, keeping, buying or selling of junk. "Junk" shall be defined as old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber or discarded, dismantled or wrecked automobiles, or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material.

Junked vehicle means a motor vehicle that:

(1)

Does not display a current plate when the motor vehicle is required by laws of the state to have such a license plate to operate on public roads, unless stored within an enclosed structure; and that:

(2)

Is partially dismantled or wrecked; or

(3)

Cannot be self-propelled or moved in the manner in which it was originally; or

(4)

Is more than five years old and appears to be worth less than $500.00.

Kitchen means any interior part of a building that is designed and used for the preparation, storage, or consumption of food. A building shall be considered as having a kitchen if there is a combination of more than one of the following: countertop, cabinet, sink, refrigerator or stove.

Landfill, reclamation, means a fill to improve steep, low, or otherwise unusable land (not to include wetlands) consisting of masonry or other non-organic or nontoxic matter.

Landfill, sanitary, means a fill consisting of trash, garbage, and other waste and refuse placed in trenches, compressed, and covered with compacted earth.

Landowner means any owner of a legal or equitable interest in real property, including the heirs, devisees, successors, assigns, and personal representative of such owner. The landowner may allow a person holding a valid option to purchase to act as his agent or representative for purposes of submitting a proposed site-specific development plan or a phased development plan under this section, in the manner allowed by ordinance.

Least dimensions means the least dimension of a yard is the least of the horizontal dimensions of such yards. If two opposite sides of a yard are not parallel, such least dimension shall be deemed to be the mean distance between them.

Loading space, off-street, means space for bulk pickups and deliveries, scaled to delivery vehicles and accessible to such vehicles at all times even when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.

Lot means a parcel of land whose boundaries have been established by some legal instrument such as a deed or a recorded map and which is recognized as a separate legal entity for purposes of transfer of title. Such lot may be occupied or intended for occupancy by a principal building together with its accessory buildings including the open space required under this chapter. For the purpose of this chapter, the term "lot" shall mean any number of contiguous lots or portions thereof upon which one principal building and its accessory buildings are located or are intended to be located. If a public road crosses a parcel of land otherwise characterized as a lot by this definition, the land on each side of the public road shall constitute a separate lot.

Lot coverage means that portion of a lot occupied by any semi-pervious or impervious structure or structures, either at ground level or the equivalent thereto when a structure is elevated on pilings, excepting parking areas and areas covered by the eaves of roofs.

Lot depth means the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

Lot frontage means that portion of a lot abutting a street. In the case of a corner lot, the narrower side fronting on the street shall be considered to be the front of the lot. In case the corner lot has equal frontage on two or more streets, the lot shall be considered to front on the street on which the greatest number of lots front, or, if unplatted, on that street on which the greatest number of buildings have been erected. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under "yards" in this section. No lot shall front on an alley.

Lot line means a line dividing one lot from another, or from a street or other public space or public trust area.

Lot line wall means a wall adjoining and parallel to the lot line used primarily by the party upon whose lot the wall is located.

Lot of record means a lot which is a part of a subdivision, a plat of which has been recorded in the office of the register of deeds of the county or a lot described by metes and bounds, the description of which has been so recorded at the time of adoption of the ordinance from which this chapter is derived, and which actually exists as so shown.

Lot types . Figure 1 illustrates terminology used in this chapter with reference to corner lots, interior lots, reversed frontage lots and through lots.

A	Corner lot	A lot located at the intersection of and abutting upon two 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 lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. See lots marked A (1) in the diagram.
B	Interior Lot	A lot other than a corner lot with only one frontage on a street.
C	Through Lot	A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.

 

Lot width means the mean horizontal distance between the side lot lines of a lot measured at a point midway between the front lot line and the rear lot line; or at the rear lot line; or at the rear line of the required front yard (building line) especially on irregular shaped lots.

Manufacturing means the making of goods and articles by hand or, especially, by machinery, often on a large scale and with division of labor.

Marina means a boat basin with facilities for berthing, securing or storing various types of watercraft.

Marina, commercial, means any marina which caters to the general public, provides goods or services for sale, and/or, if located in a private residential development, makes available marina facilities to other persons besides occupants of said residential development shall be regarded as a commercial marina.

Mixed use commercial-residential means a building that contains at least one floor devoted to allowed commercial use and at least one devoted to allowed residential use.

Mobile home (manufactured home) . See article IX of this chapter for definitions and development standards related to manufactured homes.

Motel . See Hotel .

Multi-use facility means a facility containing less than 25,000 square feet of gross floor area containing more than two stores, service establishments, offices, or other commercial permitted uses planned, organized, and managed to function as a unified whole and featuring all of the following:

(1)

Common driveways;

(2)

Common parking;

(3)

Common signage plan; and

(4)

Common landscaping plan.

Municipality means the Town of Carolina Beach.

Natural feature means any outside landscape feature on the site such as trees, shrubs, or rock formations.

Nonconforming lot means a lot existing at the effective date of the ordinance from which this chapter is derived or any amendment to it (and not created for the purpose of evading the restrictions of this ordinance) that cannot meet the minimum area or lot width requirements of the district in which the lot is located.

Nonconforming project means any structure, development, or undertaking that is incomplete at the effective date of the ordinance from which this chapter is derived and would be inconsistent with any regulation applicable to the district in which it is located if completed.

Nonconforming situation means a situation that occurs when, on the effective date of the ordinance from which this chapter is derived or any amendment to it, an existing lot or structure or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a nonconforming situation may arise because a lot does not meet minimum acreage requirements, because structures do not satisfy maximum height or minimum floor-space limitations, because the relationship between existing buildings and the land (in such matters as density and setback requirements) is not in conformity with this chapter, or because land or buildings are used for purposes made unlawful by the ordinance. (See article XIV of this chapter.)

Nonconforming use means a nonconforming situation that occurs when a building or land lawfully occupied by a use on the effective date of the ordinance from which this chapter is derived or amendment hereto which does not conform after the passage of the ordinance from which this chapter is derived or amendment with the use requirements of the district in which it is located. For example, an industrial building in a residential district may be a nonconforming use. (See article XIV of this chapter.)

Nonconformity, dimensional, means a nonconforming situation that occurs when the height, size, or minimum floor space of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located. (See article XIV of this chapter.)

Open space, when used in conjunction with planned unit developments and performance residential developments, means all usable land area not occupied by structures and linked together for the use and enjoyment of the community. Required setback areas are considered when linked together with the open space areas.

Outdoor entertainment area means exterior space dedicated to accessory entertainment uses to include dance floors, stages, live performances, disc-jockey areas, and/or any other similar on-site amusement activities.

Outdoor shower enclosure means an outdoor area that has been enclosed for the purpose of taking a shower that may be roofed.

Overhead canopy means any structure placed over, around or near a fuel pump island or drive-up bank teller facility and intended to provide lighting and/or protection from the elements for fuel pump island or drive-up bank teller facility users. (See article IX of this chapter.)

Parking facility means any area, either open or enclosed, structural or natural, for the storage of a vehicle or vehicles. Each parking facility shall have an approved means of ingress and egress. A parking lot is a subset of a parking facility and is defined in this section.

Parking lot means an open area, outside of the public right-of-way, for the storage of a vehicle or vehicles. The term "parking area" shall be included in this definition. Each parking lot shall have an approved means of ingress and egress.

Parking lot commercial means a parking lot designed to accommodate two axle transportation vehicles for employees and customers of area businesses.

Parking space, off-street, means an adequate-sized space for parking a vehicle with room for opening doors on both sides, proper access to streets and adequate maneuvering room.

Party wall means a wall containing no opening which extends from the elevation of building footings to the elevation of the outer surface of the roof or above and which separates contiguous buildings but is in joint use of each building.

Personal property means property owned, utilized and maintained by an individual or members of his residence and acquired in the normal course of living in or maintaining a residence. It does not include merchandise that was purchased for resale or obtained on consignment.

Phased development plan means a site-specific development plan which has been submitted to the town by a landowner that illustrates several stand alone projects that are planned to be built in phases, and where these subsequent phases are anticipated to have a start of construction date of up to five years out from the date of the site-specific development plan approval.

Planned unit development means a land development project planned as an entity by means of a unified site plan which permits flexibility in building site, mixtures in building types and land uses, usable open space, and the preservation of significant natural features. (See article XII of this chapter.)

Planning and zoning commission means the town planning and zoning commission.

Planning Director means the Town Planning and Zoning Director.

Principal building or structure means a building or structure containing the principal use of the lot, including any land area necessitated by the character of the principal use (e.g., outside storage) for its complete operation, excluding off-street parking.

Principal use means the primary purpose or function that a lot serves or is intended to serve according to its zoning classification.

Public facilities means major capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational, and health systems and facilities.

Public notice or public notice of a hearing means notice of the time and place hereof published once a week for two successive calendar weeks in a newspaper having general circulation in the town.

Recreation, commercial, means any form of play, amusement, or relaxation used for monetary gain.

Recreation, commercial indoor, means any form of play, amusement or relaxation used for monetary gain conducted within an enclosed structure.

Recreation, commercial outdoor, means any form of play, amusement, or relaxation used for monetary gain not conducted within an enclosed structure.

Recreational vehicle (RV) means a vehicle for noncommercial, recreational use, including a motor home (including Class A, B and C), travel trailer, camper shell, cab-over-camper, fifth wheel, horse trailer, or trailers mounted with recreational vehicle such as a water craft or off-road vehicle.

Rental items means any items for rent that are located on the premises of the principal business that may also sell the same items.

Repair area means any area utilized to conduct repairs, or store parts and tools being utilized for repair work.

Restaurant means an establishment whose principal business is the sale of foods, frozen desserts, or beverages to a customer in a ready-to-consume state, and whose design and principal method of operation determines its classification as follows:

(1)

Table service or cafeteria.

a.

Customers are provided with an individual menu and served by an employee at the same table or counter at which their food and/or beverages are consumed; or

b.

A cafeteria-type of operation where foods and/or beverages generally are consumed within the restaurant.

(2)

Carry-out/fast food. Food is usually served in edible containers or in paper, plastic, or other disposable containers by an employee at a standing counter or drive-in window. Consumption may be off the premises, within the principal building, or at other facilities on the premises outside the principal building.

Self-service storage facility means any real property designed and used for the purpose of renting or leasing individual storage spaces to tenants who are to have access to such space for the purpose of storing and removing personal property.

Service station means buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail. Uses permitted at a service station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in service stations. A service station is not a repair garage, body shop, or a trim shop.

Setback line . See Building setback line.

Shopping center/big box means one or more commercial establishments, containing 25,000 square feet or more of indoor gross floor area on one site. This definition would include malls, a commercial unit or plaza with multiple units, and any community shopping area designed to utilize shared facilities (i.e., parking, signage, landscaping).

SIC Manual, Standard Industrial Classification Manual means a book published by the federal government that classifies establishments by the type of activity in which they are engaged.

Sign . See article VIII of this chapter to view the definitions associated with signs.

Site-specific development plan means a plan which has been submitted to the town by a landowner describing with certainty the type and intensity of use for a specific parcel or parcels of property. Such site-specific development plan shall be presented to the town as specified and subject to all provisions of article XI of this chapter, conditional use permit approval process. Such plan may be in the form of, but not be limited to, any of the following plans or approvals: A planned unit development, a subdivision plat, a preliminary or general development plan, a conditional use permit, or any other land-use approval designation as may be utilized by the town.

Story means that portion of a building between the surface of any floor and the floor or roof above it. The following are considered stories:

(1)

Mezzanine: If it exceeds 25 percent of the total floor area of the story immediately below it;

(2)

Penthouse: If it exceeds 25 percent of the total area of the roof;

(3)

Basement: See definition of Basement.

Story, half, means a story which is situated in a sloping roof, the floor area of which does not exceed two-thirds of the floor area of the story immediately below it, and which does not contain an independent dwelling unit.

Street includes the term "alley," "road," "avenue," "lane," "cul-de-sac," "highway," or "thoroughfare," whether designated as public or private.

Street classifications. Determined in accordance with the following definitions and the thoroughfare plan for the town on file with the Zoning Administrator.

(1)

Major thoroughfare: Their primary function is movement. Access should be permitted to the extent that movement is not compromised and appropriate spacing and design criteria are employed. These streets should move large volumes of traffic a relatively long distance at relatively high speeds. Major thoroughfares are identified in the thoroughfare plan for the town.

(2)

Collector streets: Collector streets are used to carry moderate amounts of traffic volume and provide limited access to adjacent properties. Their function is to collect and distribute traffic to and from local and arterial streets. Collector streets are identified in the thoroughfare plan for the town.

(3)

Local streets: Those streets that are used for low volume, slow speed traffic movements. Their function is to provide direct access (termination) to properties.

Street line means a dividing line between the street and the lot, as established by the town; also called the "right-of-way" line.

Street types.

Private street means a right-of-way for vehicular traffic that is constructed to acceptable public street standards for the town and dedicated for use by a select portion of the public. The responsibility for the maintenance of a private street shall be by an established owners association or other private property owner legal agreements.

Public street means a right-of-way for vehicular traffic dedicated and accepted by the state department of transportation or the town for public use.

Structure means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Structures include buildings, manufactured homes, walls, fences, signs and billboards, swimming pools and other similar type uses.

Structure, open shed, means any structure that has no enclosing walls.

Structure, shed, means any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind that has enclosing walls for less than 50 percent of its perimeter.

Swimming pools, private, means any swimming pool operated in conjunction with a single-family residential unit, the use of which is limited to occupants of that residence and their invitees. Aboveground private swimming pools which are portable and temporary in nature and which do not incorporate decking or other similar permanent structure are exempt from this definition and the rules/regulations governing such structures (G.S. 130A-280—130A-282).

Swimming pools, public, means any swimming pool operated other than a private swimming pool or as a therapeutic pool used in physical therapy programs operated by medical facilities licensed by the department of human resources or operated by a licensed physical therapist, or to therapeutic chambers drained, cleaned and refilled after each individual use. The term "public swimming pool" means any structure, chamber, or tank containing an artificial body of water used by the public for swimming, diving, wading, recreation, or therapy, together with buildings, appurtenances, and equipment used in connection with the body of water, regardless of whether a fee is charged for its use. The term includes but is not limited to, municipal, school, hotel, motel, apartment, multifamily, boardinghouse, athletic club, or other membership facility pools and spas (G.S. 130A-280—130A-282).

Tattooing means the inserting of permanent markings or coloration, or the producing of scars, upon or under human skin through puncturing by use of a needle or any other method.

Technical review committee means a committee made up of the staff of various local, state and federal agencies involved in the review of development proposals. Representatives of town departments and other government agencies may include but not be limited to: Planning/development department, public works, fire department, building inspections, police department, the state department of transportation, the United States Army Corps of Engineers, and the state division of coastal management.

Telephone communication facility, unattended, means a windowless structure containing electronic telephone equipment that does not require regular employee attendance for operating.

Temporary health care structure means a transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person. The following terms shall apply under temporary family health care regulations:

(1)

Activities of daily living. Bathing, dressing, personal hygiene, ambulation or locomotion, transferring, toileting, and eating.

(2)

Caregiver. An individual 18 years of age or older who (i) provides care for a mentally or physically impaired person and (ii) is a first or second degree relative of the mentally or physically impaired person for whom the individual is caring.

(3)

First or second degree relative. A spouse, lineal ascendant, lineal descendant, sibling, uncle, aunt, nephew, or niece and includes half, step, and in-law relationships.

(4)

Mentally or physically impaired person. A person who is a resident of this state and who requires assistance with two or more activities of daily living as certified in writing, by a physician licensed to practice in this state.

Temporary storage containers means any container intended for storing or keeping household goods, other personal property or business related goods that is intended to be filled, refilled, or emptied while located outdoors and later removed from the property for storage or disposal off-site.

Tower means a structure that is designed to support (i.e., electrical wires), contain (i.e., water), receive or send communications (i.e., television, radio, telephone), normally at a commercial, industrial, institutional, or other significant scale or magnitude.

Towing service, automotive or truck, means a commercial enterprise, business or company established to tow or remove motor vehicles from one location to another. A towing service includes the temporary storage of motor vehicles at its site, but under no circumstances shall any motor vehicle remain on the premises of a towing service for more than 24 hours unless stored within an enclosed structure or the tow service is located in an industrial district. Such services shall comply with all ordinances of the town.

Town council means the Mayor and members of the governing body of the town.

Trellis means a structure usually consisting of parallel rows of piles supporting an open roof of girders and cross rafters.

Utilities means all utilities including, but not limited to, transmission lines, telephone repeater stations, relay stations, water supply reservoirs, wells, filter beds, sewage treatment plants, pumping stations, electric power and gas substations, service or storage yards.

Variance means a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of such actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. A variance is authorized only for height, area and size of structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.

Vehicle means any of the following:

Commercial vehicle means a vehicle designed, maintained or used primarily for the transportation of merchandise or materials used in a business.

Junked vehicle means a motor vehicle that:

(1)

Is partially dismantled or wrecked; and

(2)

Cannot be self-propelled or moved in the manner in which it was originally intended; or

(3)

Is more than five years old and appears to be worth less than $100.00; or

(4)

Does not display a current license plate when the motor vehicle is required by laws of this state to have such a license plate to operate on public roads, unless stored within an enclosed structure.

Motor vehicle means all machines designed or intended to travel over land or water by self-propulsion or while attached to any self-propelled vehicle.

Recreational vehicle (RV) means a vehicle for noncommercial, recreational use, including a motor home (including Class A, B and C), travel trailer, camper shell, cab-over-camper, fifth wheel, horse trailer, or trailers mounted with recreational vehicle such as boats, water craft or off-road vehicles.

Vehicle sales lots means any structure, operation or use of land for the display, selling or rental of motor vehicles (new or used), mobile (manufactured) homes, campers, travel trailers, boats, jet skis or other like vehicles consisting of three or more vehicles per establishment. (See article IX of this chapter for special conditions for vehicle sales lots, sales offices and other related accessory structures.)

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

Vision clearance. In order to maintain an acceptable and safe line of sight for motor vehicle drivers, no parking spaces, fences, walls, posts, signs, lights, shrubs, trees or other type of obstructions not specifically exempted shall be permitted in the space between 30 inches above ground level and ten feet above ground level within a sight distance triangle. A sight distance triangle shall be the visually unobstructed area of a street/driveway corner as determined by measuring a distance of 30 feet along the intersecting curb lines, or edges of pavement of the intersecting street/driveway if curbs are not present, and connecting the two points by a straight line to form a triangular shaped area over the corner. One support post not to exceed five square feet may be utilized in the sight triangle to support the cantilever floors above.

Warehouse means a building where wares, or goods, are stored, as before distribution to retailers, or are kept in reserve, in bond, etc.

Warehouse, mini, means a building or group of building in varying sizes of individual compartmentalized, and controlled access stalls or lockers for dead storage of customer's goods or wares.

Yard means a required open space unoccupied and obstructed by any structure or portion of a structure from 30 inches above the ground level of the graded lot upward; provided, however, that fences, walls, poles, posts, and other customary yard accessories, ornaments and furniture may be permitted in any yard.

Front yard means the area between side lot lines across the front of a lot adjoining a street. Depth of a required front yard shall be measured at right angles to a straight line joining the foremost points of the side lot lines, but in no case need it be greater than the setback of the zoning district. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Front and rear yard lines shall be parallel.

(1)

Through lots: Front yards shall be provided on all frontages.

(2)

Corner lots: For the purposes of this section, a front yard of the required depth shall be provided in accordance with the district requirements for one frontage designated by the owner at the time of the building permit issuance and the second yard shall conform to the side yard requirements as defined here. In the case of corner lots with more than two frontages, the third or more yards shall conform to the side yard requirements as defined herein.

Rear yard means the area between the side lot lines across the rear of the lot. Through lots have no rear yard, only front and side yards.

Side yard means the area extending from the rear line of the required front yard to the foremost lines of the rear yard. In absence of a clearly defined rear yard, as in the case of a through lot, any portion of the lot not designated as a front yard shall be a side yard. The side yard requirements for dwellings shall be waived where dwellings are erected above stores or shops not otherwise required to have side yards.

Figure 2 illustrates locations and methods of measuring yards on rectangular and nonrectangular lots. In each of the examples shown, the street frontage is to the bottom of the diagram.

Yard sale means all general sales, open to the public, conducted from or on a residential premise in any residential district for the purpose of disposing of personal property. The term "yard sale" shall include all such herein described as sales whether or not they are "garage," "lawn," "yard," "attic," "porch," "room," "backyard," "patio," "flea market," or "rummage" sale.

Zero lot line means a development concept for residential subdivisions that allows the placement of single family dwelling units on or near the side lot lines. In zero lot line developments, which are allowed by conditional use permit only, dwelling units can be placed no closer than three feet from the nearest side lot line unless a maintenance easement is provided that will allow a minimum of three feet of space along said lot line for structure maintenance purposes. Regardless, the total side yard setback footage required for the two side yards in a zero lot line building placement must equal the total setback footage for the two side yards required under a conventional building placement.

Zoning Administrator means the Town of Carolina Beach officer or other designated authority charged with the administration of this chapter, or his duly authorized representative or agent.

(Code 1986, app. A, § 23.1; Ord. No. 00-463, 10-10-2000; Ord. No.03-538, 5-13-2003; Ord. No. 03-543, 7-8-2003; Ord. No. 04-558, 7-13-2004; Ord. No. 04-574, 11-9-2004; Ord. No. 06-621, 2-14-2006; Ord. No. 06-634, 5-9-2006; Ord. No. 06-653, 8-8-2006; Ord. No. 07-668, 1-9-2007; Ord. No. 07-674, 3-13-2007; Ord. No. 07-679, 3-13-2007; Ord. No. 07-681, 4-10-2007; Ord. No. 07-689, 6-12-2007; Ord. No. 07-695, 7-10-2007; Ord. No. 08-731, 3-11-2008; Ord. No. 08-748, 7-7-2008; Ord. No. 08-756, 9-9-2008; Ord. No. 08-757, 9-9-2008; Ord. No. 08-769, 12-9-2008; Ord. No. 09-773, 1-13-2009; Ord. No. 09-778, 3-10-2009; Ord. No. 09-779, 3-10-2009; Ord. No. 09-782, 4-14-2009; Ord. No. 09-809, 9-8-2009; Ord. No. 09-813A, 10-13-2009; Ord. No. 09-813B, 2-9-2010; Ord. No. 10-825, 4-13-2010; Ord. No. 10-843, 8-10-2010; Ord. No. 10-844, 8-10-2010; Ord. No. 10-847, 9-14-2010; Ord. No. 10-851, 10-12-2010; Ord. No. 10-852, 10-12-2010; Ord. No. 10-853, 11-9-2010; Ord. No. 11-856, 2-8-2011; Ord. No. 11-858, 2-8-2011; Ord. No. 11-865, 5-10-2011; Ord. No. 11-866, 5-10-2011; Ord. No. 11-879, 10-11-2011; Ord. No. 12-901, 10-9-2012; Ord. No. 12-902, 12-11-2012; Ord. No. 13-906, 1-8-2013; Ord. No. 14-926, 2-11-2014; Ord. No. 15-969, 1-13-2015; Ord. No. 14-961, 3-10-2015; Ord. No. 15-971, 3-10-2015; Ord. No. 16-1024 , 9-13-2016; Ord. No. 16-1018 , 7-12-2016; Ord. No. 16-1033 , 1-10-2017; Ord. No. 17-1044 , 4-11-2017; Ord. No. 18-1071 , 1-9-2018; Ord. No. 18-1098 , 12-11-2018)