§ 48-7. Definitions of specific words and terms.

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:

Adult arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

Adult bookstore means as defined in G.S. 14-202.10(1) which is incorporated in this definition by reference.

Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment that for at least ten percent of its business hours in any day features:

(1)

Persons who appear in a state of nudity or semi-nudity;

(2)

Live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities;

(3)

Films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or

(4)

Persons who engage in lewd, lascivious or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.

Adult day service center means a facility that provides day care on a regular basis for more than two hours per day for more than five adults, who are in need of supervision due to a physical or mental handicap, and which does not provide overnight accommodations. (Specifically this definition excludes halfway houses and rehabilitation clinics.)

Adult escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person for the purpose of participating in, engaging in, providing, or facilitating specified sexual activities.

Adult escort agency means a person or business that furnishes, offers to furnish, or advertises to furnish adult escorts as one of its business purposes for a fee, tip, or other consideration.

Adult establishment means as defined in G.S. 14-202.10(2) which is incorporated in this definition by reference.

Adult live entertainment means as defined in G.S. 14-202.10(3) which is incorporated in this definition by reference.

Adult live entertainment business means as defined in G.S. 14-202.10(4) which is incorporated in this definition by reference.

Adult media center means, but is not limited to, an adult bookstore, and an adult video store and means any place:

(1)

Which receives more than 50 percent of its gross income during any calendar month from the sale, rental, or both of books, periodicals, magazines, videotapes, CD-ROM, computer software, movies, and other products offered in photographic, print, electronic, magnetic, or digital or other imaging media which are distinguished or characterized by their emphasis on matter depicting, describing, or presenting specified anatomical areas as defined in G.S. 14-202.10(10), or specified sexual activities as defined in G.S. 14-202.10(11), or sexually oriented devices, as defined in G.S. 14-202.10(9), or any combination thereof; or

(2)

Having more than 25 percent of its merchandise inventory consisting of books, periodicals, magazines, videotapes, CD-ROM, computer software, movies, and other products offered in photographic, print, electronic, magnetic, or digital or other imaging media which are distinguished or characterized by their emphasis on matter depicting, describing, or presenting specified anatomical areas as defined in G.S. 14-202.10(10), or specified sexual activities as defined in G.S. 14-202.10(11), or sexually oriented devices, as defined in G.S. 14-202.10(9), or any combination thereof.

A commercial establishment may have other business purposes on the same building site that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as adult media center. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult media center so long as one of its business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas.

Adult minimotion picture theater means as defined in G.S. 14-202.10(6) which is incorporated in this definition by reference.

Adult motel means a hotel, motel or similar commercial establishment that:

(1)

Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way that advertises the availability of this adult type of photographic reproductions;

(2)

Offers a sleeping room for rent for a period of time that is less than 12 hours; or

(3)

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 12 hours.

Adult motion picture theater means as defined in G.S. 14-202.10(5) which is incorporated in this definition by reference.

Adult theater means a theater, concert hall, auditorium, or similar commercial establishment that for at least ten percent of its business hours in any day, features persons who appear in a state of nudity or live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities.

Adult video store means a commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion picture, videotapes or videocassettes, video reproductions, CD-ROMs, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or any combination thereof.

Airboat rental passenger operation means a watercraft using an engine powering an airplane-type propeller used to transport passengers over the surface of the water.

Amusement arcade means a building or any part of a building in which five or more pinball machines, video games or machines or other similar player operated amusement devices are maintained. The term adult arcade is specifically excluded from this definition.

Antenna means any communication equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless communication services.

Antenna array means a single or group of antenna elements and associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device such as a mounting frame or mounting support structure for the sole purpose of transmitting or receiving electromagnetic radio signals used in the provision of all types of wireless communication services.

Applicable codes means the North Carolina State Building Code and any other uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization together with state or local amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons.

Application, wireless facilities means a request that is submitted by an applicant to the town for a permit to collocate wireless facilities or to approve the installation, modification, or replacement of a utility pole, town utility pole, or wireless support structure.

Auction house means the use of a building and/or land for the temporary storage and sale on premise of new and/or used goods by means of request or invitation for bids. Animals are excluded. Sale of motor vehicles shall be limited to vehicles licensed to operate in the state of North Carolina only. Temporary storage shall mean for three weeks or less.

Automobile dealership means a retail business primarily housed in a structure and characterized by a mixture of related uses upon a commercial site; however, the principal use of the site shall be the marketing of new or used automobiles, whether by sale, rent, lease or other commercial or financial means. Secondary supporting uses may also exist upon the same site, such as maintenance, repair and service areas, parts storage areas and financial service areas.

Average footcandles means the average of a number of points of footcandle calculations or footcandle measurements in a given area.

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

Beach recreation equipment rentals and sales means a business involved in the rental and sale of nonmotorized beach equipment such as kayaks, bicycles, surfboards, boogie boards, chairs and umbrellas.

Bed and breakfast means a single-family dwelling that consists of the rental of more than two bedrooms on a daily or weekly basis. The rooms shall not be equipped to allow the preparation of meals, although meals may be provided to overnight guests in a common area by the proprietor of the establishment. The bed and breakfast operation shall be owner occupied and conducted by persons who are full-time residents of the single-family dwelling.

Birth center means an accredited facility designed and intended for uncomplicated childbirth procedures with patients staying less than 24 hours.

Boardinghouse means a single-family dwelling containing at least two rooms, which are intended to be rented or otherwise occupied by individuals outside of the permitted family members occupying the dwelling unit, where communal facilities (such as a kitchen) are available in such dwelling unit for use by the tenants.

Boat rental establishment means a business involved in the rental of boats, jet skis, windsurfers, and other personal watercraft for use in the sound waters only. The term shall not include amusement rides for use in manmade ponds or pools.

Buffer yard means a yard which contains materials used to provide sight and sound screening from adjoining properties and rights-of-way. The required height and width of the buffer yard and materials used in its construction vary according to use.

Buffer yard, mature, or mature buffer, means an established vegetated area already in existence at the time of development or redevelopment which contains trees of six-inch caliper or greater, or shrubs of a height greater than five-inch, or combination thereof creating a densely vegetated landscape, that has the effect of providing a substantial visual barrier along a property's boundaries and within the property's yard setback.

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

Building, accessory, means a subordinate building consisting of walls and a roof, the use of which is clearly incidental to that of a principal building on the same lot. (See also section 48-78, yard requirements.)

Building permit means an official administrative authorization issued by the town prior to beginning construction consistent with the provisions of G.S. 160A-417.

Building, principal, means a building in which is conducted the principal uses of the lot on which it is located.

Building setback line means a line parallel to or concentric with the street right-of-way establishing the minimum allowable distance between such right-of-way and the nearest portion of any building. (See also section 48-78, yard requirements.)

Child day care center means a facility which provides day care to more than five preschool children, or more than eight children if at least three are school age. Five-year-olds are considered school age if they become five on or before October 16 of the current school year and have attended or are attending a public or private grade school or private grade school or kindergarten.

Coffee shop means an establishment primarily engaged in the serving of coffee beverages and other non-alcoholic beverages and food items and classified and regulated by the county health department as a coffee shop, to patrons with a customer service area not exceeding 385 square feet. Permitted accessory uses include but are not limited to retail sales of packaged coffee and retail merchandise. There shall be no drive-in or drive-through beverage service.

Collocation or collocated means the placement, installation, maintenance, modification, operation, or replacement of wireless facilities on, under, within, or on the surface of the earth adjacent to existing structures, including utility poles, town utility poles, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes. The term "collocation" does not include the installation of new utility poles, town utility poles, or wireless support structures.

Commercial marina means any publicly or privately owned dock, basin or wet storage facility constructed to accommodate mooring for more than four boats or providing, but not limited to, any of the following services for a fee: Permanent or temporary transient docking spaces, dry storage, fueling facilities, haul-out facilities and repair service. Site plans which have been approved by the board of commissioners for outdoor recreational uses are not considered a commercial marina.

Commercial/residential mixed development means the use of a building on a single site which is occupied and used for professional offices, retail and/or restaurant uses in combination with multifamily dwelling use. The multifamily dwelling use component shall not exceed 50 percent of the total gross floor area of a building containing one or two habitable floors, and shall not exceed 66 percent of the total gross floor area of a building containing three habitable floors.

Commercial transitional protective yard means a buffered protective yard on a commercial (C-1, C-2, C-3, and C-4) lot. A commercial transitional protective yard is a required open space other than a court unoccupied and unobstructed by any structure or portion of a structure; provided, however, that fences, poles, posts may be permitted in any commercial transitional protective yard, subject to height limitations and requirements limiting obstruction of visibility or any other requirement of this chapter.

Communication facility means the set of equipment and network components, including wires and cables and associated facilities used by a communications service provider to provide communications service.

Communication tower, major , means any tower over 70 feet in height, measured from ground level to the highest point intended for transmitting or receiving radio, television or telephone or wireless communications.

Communication tower, minor , means any tower 70 feet or less in height, measured from ground level to the highest point intended for transmitting or receiving radio, television or telephone or wireless communications.

Communications service means cable service as defined in 47 U.S.C. § 522(6), information service as defined in 47 U.S.C. § 153(24), telecommunications service as defined in 47 U.S.C. § 153(53), or wireless services.

Communications service provider means a cable operator as defined in 47 U.S.C. § 522(5); a provider of information service, as defined in 47 U.S.C. § 153(24); a telecommunications carrier, as defined in 47 U.S.C. § 153(51); or a wireless provider.

Community garden means a use in which land is managed by a group of individuals to grow food or ornamental crops such as flowers, for donation or for use by those cultivating the land. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members.

Concealed building-mounted antenna means a building-mounted antenna or antenna array which is concealed by but not limited to, being located beneath the roof line, being screened behind an opaque facade, or blended into the building structure with faux windows, dormers or other architectural features that appear as part of the existing or proposed structure so that the antenna or antenna array is not visible by ordinary observation from the ground at the perimeter of the property boundary in any direction (360 degrees).

Condominium means ownership in common with others of a parcel of land and certain parts of a building thereon which would normally be used by all the occupants, together with individual ownership in fee of a particular unit in such building.

Cottage court means three or more detached single-family dwellings on one lot. Cottage courts shall be designed and intended for transient guests on a rental basis, with the exception of living quarters for the property owner or on-site management.

Customer service area means the area within a restaurant or restaurant drive-in, open to the general public and designated for the purchase and/or consumption of food, drink, or other similar items. Customer service area shall include indoor and/or outdoor seating areas, indoor and/or outdoor lounge and bar areas, decks, porches, and patios but shall not include stairs, stair landings, handicapped ramps, restrooms, kitchen and food preparation areas, private offices, loading areas, hallways, exit access and exit discharge areas, and any other areas not open to the general public. Customer service area shall not include outdoor seating areas, or outdoor decks, porches or patios where such areas are not designated for the purchase of food, drink, or similar items and instead are used primarily as waiting areas for customers who are waiting to be seated in indoor customer service areas. Additionally, customer service area shall not include any outdoor areas used by the customers of restaurants located in retail shopping centers.

Cutoff fixture means a flat lens, full cutoff fixture that by its design, directs a minimum of 90 percent of total lamp lumens within 80 degrees of the vertical plane of the light fixture and a maximum of ten percent of the total lamp lumens above 80 degrees from the vertical plane, and no more than 2.5 percent of total lamp lumens above 90 degrees. Full cutoff fixtures must be installed in a horizontal position as designed.

Cut-off fixture

Designated public events site means a parcel or contiguous group of parcels of acreage greater than five, owned by the public and designated by the board of commissioners for the purpose of creating a variety of opportunities for recreation, leisure, social or cultural experiences and special events in accordance with the regulations of this Code. Public event sites may include temporary and fixed structures, as approved by the building inspector, and can host multiple uses with an events site and management plan and permit approved by the town manager.

Dialysis center means a building or structure or portion thereof in which persons with impaired kidney function have toxins removed from their blood on a periodic basis through the use of dialysis machines. Application of the term shall be limited to facilities staffed routinely by nurses and/or technicians and not by a doctor. (See Medical office. )

Digital sign means any sign featuring electronic display or moving images created by incandescent, LCD, plasma, LED or projected images for any purposes other than traffic control devices. This definition is intended to include any sign containing incandescent lights or exposed light bulbs used as a message or reader board, or to project images. This definition does not include LED technology used only for the purpose of illuminating a structural sign face.

Dish antenna means any accessory structure capable of receiving radio or television signals from a transmitter or a transmitter relay which is located in planetary orbit or land-based.

Docking facility means any publicly or privately owned dock, basin or wet storage facility constructed to accommodate mooring for four or less boats as an accessory to a principal commercial use.

Dormitory means a commercial facility used for monthly rental housing of unrelated residents in a communal non-transient living arrangement. The facility shall consist of separate sleeping, bathing and common living areas.

Drive aisle means the area of driveway necessary for vehicles to access parking stalls and for emergency management vehicle access to structures.

Driveway means an improved accessway for vehicular traffic with the purpose of providing access to parking or maneuvering space from a public street or highway into an abutting property.

Driveway apron means that portion of a driveway which connects to the adjacent street or highway, usually within the right-of-way for that street.

Dwelling, large residential means a single-family dwelling or two-family dwelling (duplex) as defined by this chapter that has 3,500 or more square feet of enclosed habitable living space. Maximum total enclosed habitable living space for any single-family dwelling or two-family dwelling shall not exceed 5,000 square feet unless in conformance with all provisions of subsection 48-370(d)(1). Enclosed habitable living space for large residential dwellings shall be calculated to also include any enclosed habitable living space that may be present in any accessory structure that is located on the same lot as the principal structure.

Dwelling, multifamily, means a building or portion thereof used or designed as a residence for three or more families living independently of each other and doing their own cooking therein. Multifamily dwelling shall include a townhouse and any similar building, irrespective of the form of legal title.

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

Dwelling, two-family (duplex), means a detached building, divided horizontally or vertically, and designed for or occupied by two single-family housekeeping units contained entirely under one roof and having one dividing partition common to each unit, or having the ceiling structure of the lower unit the floor structure of the unit above.

Dwelling unit means one room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities for a single-family.

Earth station. See Dish antenna .

Electroluminescent means direct conversion of electric energy to light by a solid phosphor, or other materials, subjected to an electrical current.

Elementary school means a building or structure used for the education of children, ages pre-kindergarten through grade five; such facilities typically include a cafeteria/auditorium, multipurpose rooms, gymnasium, school administrative offices, recreational facilities, and playgrounds designed to meet the needs of the school population and for extended community use during nonschool hours.

Elevation means:

(1)

A vertical distance above or below mean sea level;

(2)

A fully dimensioned drawing to the front, rear, or side of a structure showing features and their relationship to grade, sea-level, or other reference point.

Eligible facilities request means a request for modification of an existing wireless tower or a base station that involves collocation of new transmission equipment or replacement of transmission equipment but does not include a substantial modification.

Employee dormitory means a building or portion of a building where group sleeping accommodations are provided with or without meals for persons not in the same family group, in one room or a series of closely associated rooms.

Equipment compound means an area surrounding or near the base of wireless support structure within which a wireless facility is located.

Fall Zone means 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.

Family means one or more persons related by blood, adoption, marriage or law occupying a dwelling unit. A family shall not contain more than five unrelated persons.

Farmers market means an establishment, consisting of a single or multiple principal structures, primarily engaged in the selling of local seasonal agricultural products, forest products, seafood, plants, baked goods, and crafts. The sale of other items shall be incidental and limited to no more than ten percent of the display area.

Fence means any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

Fill means the depositing of soil, rock or other earthen materials by artificial means, but not including poured slab, asphalt, porous pavement, turfstone, or other manmade materials or surfaces designed in association with construction.

Fine craft and folk art means a variety of crafts and arts rooted in community and cultural traditions that generally expresses and encompasses a range of utilitarian and decorative media including cloth, wood, paper, clay metal and more.

Flag pole means a pole with a pulley and a cord on which a flag or flag sign is raised and flown.

Floodlight means a light fixture usually capable of being pointed in any direction that is designed to project a light beam to an object or surface area to a luminance considerably greater than its surroundings.

Flyboard means a type of jetpack which supplies propulsion to drive the flyboard through water, the rider typically stands on a board connected by a long hose to a watercraft.

Food bank means a building or portion of a building from which foodstuffs are distributed to indigent individuals or families.

Footcandle means the unit of measure of illuminance on a surface. Footcandles are the ratio of the quantity of light in lumens divided by the surface area in square feet on which the lumens are falling. One lumen per square foot is one footcandle.

Forbs means plants comprised of broad-leafed grasses, such as pampas grass.

Fully shielded means a light fixture that is constructed or sufficiently shielded by an opaque housing, in such a manner that all light emitted is below the horizontal plane as determined by photometric test or certified by the manufacturer.

General contractors office means a building or portion of a building occupied as an office by a "general contractor" as defined in G.S. 87-1.

Glare means the sensation produced by luminance within the visual field that is significantly greater than the luminance to which the eyes are adapted, causing annoyance, discomfort, or loss of visual performance. It results from high luminances or insufficiently shielded light sources in the field of view or from reflecting areas of high luminance. There are two types:

(1)

Disability glare affects visual performance and reduces the ability to see or identify objects. It is often accompanied by discomfort.

(2)

Discomfort glare produces discomfort but does not necessarily interfere with visual performance or visibility.

Grade means the average elevation of the land around a building as measured at the four corners of the structure or at four points around the building distributed evenly, or as the natural elevation of land within a property measured in feet above sea level.

Grading means any cut or fill, or combination thereof, or recompaction of soil, rock or other earthen materials.

Gravel means a clean or washed, loose aggregation of well-rounded spherical stones, commonly referred to as pea gravel or river rock, that are up to three inches in diameter where 50 percent is larger than one-fourth-inch with less than five percent fines. Gravel is not crushed stone or rock.

Haunted house means an indoor entertainment facility utilizing sets, props, and displays for a family-oriented environment.

Height means the vertical distance measured from the tallest part of a building to the lowest ground elevation at the base of the building (finished grade, typically, the top elevation of the driveway or ground floor concrete slab). Height may be measured using the average finished grade at the four corners of the building where fill has not been used to elevate the building.

(1)

In any AE special flood hazard area, height will be measured from the regulatory flood protection elevation or finished grade, whichever is higher.

(2)

In coastal high hazard areas or VE zones height shall be measured from regulatory flood protection elevation or in cases where the finished grade elevations are above regulatory flood protection elevation, height shall be measured 18 inches above the highest finished grade directly beneath the structure.

Height, wind energy facility means the distance measured from grade at the center of the tower to the highest point of the turbine rotor or tip of the turbine blade when it reaches its highest elevation.

Height, wind energy facility, roof top shall not exceed the maximum height requirement of the district in which it is located.

Historic structure means a structure that is listed individually in the National Register of Historic Places, a listing by the U.S. Department of the Interior, or has been determined by the Secretary of the Interior as meeting all the requirements for individual listing on the National Register.

Home occupation means a profession or occupation commonly carried on within the dwelling by a member of the household who occupy the dwelling. A home occupation shall be secondary to the use of the dwelling for living purposes. See section 48-367, home occupations.

Hospital means an institution providing physical services primarily for human inpatient medical or surgical care for the sick or injured. A hospital may include related facilities such as laboratories, outpatient services, training facilities, central service facilities, mental health and staff offices. A hospital shall include an on-site heliport.

Hotel means structures containing hotel units, hotel suites, and or efficiency units. A minimum of 67 percent of the total number of units and/or suites contained in a hotel structure shall be designed and intended for transient guests on a rental basis.

Hotel efficiency unit means lodging unit having living and cooking facilities within a hotel with 24-hour, on-site management meeting the following requirements:

(1)

One-room efficiency units shall be limited to one bedroom.

(2)

The kitchen area shall comprise no more than ten percent of the entire unit.

Hotel suite means lodging unit having living and cooking facilities within a hotel with 24-hour, on-site management meeting the following requirements:

(1)

Units shall be limited to two bedrooms.

(2)

The kitchen area shall comprise no more than ten percent of the entire unit.

Hotel unit means a living facility for an individual or family which does not contain independent cooking facilities and is designed and intended for transient guests on a rental basis. This definition shall include rental units customarily found in motels, hotels, inns and motor lodges.

IESNA means Illumination Engineering Society of North America.

Indoor entertainment means performances, entertainment, or presentations consisting of or using electric or electronic amplified sound by live entertainers, or by prerecorded media, presented before audiences or customers. Sexually oriented business activities and adult live entertainment are specifically excluded from this indoor entertainment definition.

Indoor entertainment facilities means facilities as a part of, or included in the design or plan of, a building or structure to accommodate indoor entertainment as a principal or accessory use. Indoor entertainment facilities must be constructed to meet noise buffering requirements of the zoning district where located.

Indoor fitness center means a building which is occupied and used exclusively for physical health fitness programs and to provide facilities for group and individual exercise including aerobics, weightlifting, martial arts, stretching and meditation.

Indoor public assembly means a facility designated for multiple activities. The allowed activities may include conferences, conventions, concerts, private parties, catered meals, and general retail in the form of craft fairs, food fairs and indoor flea markets.

Inn. See Hotel.

Indoor recreation activities means family indoor recreation uses either as a principal or accessory use.

Internet or electronic sweepstakes machine mean a machine(s) that runs one or more games or processes with any of the following characteristics:

(1)

Payment, directly or as an intended addition to the purchase of a product, whereby the customer receives one or more electronic sweepstakes tickets, cards, tokens or similar items entitling or empowering the customer to enter a sweepstakes, and without which item the customer would be unable to enter the sweepstakes; or

(2)

Payment, directly or as an intended addition to the purchase of a product, whereby the customer can request a no purchase necessary free entry of one or more sweepstakes tickets or other item entitling the customer to enter a sweepstakes.

ISO footcandle diagram means lines plotted on a set of coordinates to show all points on a surface where equal levels of illuminance occur.

Jet pack means a device, usually worn on the back, that is propelled by jets of escaping gases or liquids to allow a single user to propel themselves in the air.

Junk means old or scrap metals, rope, rags, batteries, paper, trash, rubber or debris. Junked, dismantled or wrecked motor vehicles or parts thereof and iron, steel and other old or scrap ferrous or nonferrous material are also junk. The term junk shall also include old or salvaged building materials, appliances, dismantled or wrecked boats, machinery and machinery parts, or parts thereof, and any item which is either in a wholly or partially rusted, wrecked, dismantled or inoperative condition.

Junkyard means an open storage area such as an automobile wrecking yard, building material salvage yard, scrap metal processing yard or any lot, land or structure or part thereof where an area of 600 square feet or larger is used for storing, keeping, buying, processing or selling junk. In addition, any open storage area on which three vehicles without proper, current license plates are located shall be considered a junkyard.

Lamp means a bulb or tube that is a light source.

Land development regulation means any ordinance enacted pursuant to Part 3E of Article 19 of Chapter 160A of the North Carolina General Statutes.

Landowner means any owner of a legal or equitable interest in real property, including heirs, devisees, successors, assigns, and personal representatives 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 in the manner allowed by article XIV of this chapter.

Light fixture means any electrically powered illuminating device, reflective surface, lamp or any similar device, permanently installed or portable, used for illumination or advertisement, including illuminated signs.

Lot means a parcel of land which fronts on and has ingress and egress by means of a public right-of-way and which is occupied or intended to be occupied by a building or groups of buildings as provided in this chapter with the customary accessories and open spaces.

Lot area means the total horizontal area included within lot lines.

Lot, corner, means a lot of which at least two adjoining sides abut for their full lengths on a street, provided that the interior angle at the intersection of two such sides is less than 135 degrees.

Lot coverage means that portion of the lot area, expressed as a percentage, that is occupied and obstructed by any structure above the ground including, but not limited to, buildings, decks, parking areas, accessways, sidewalks and roadways, and all accessory uses and structures requiring location on or above the ground.

Lot depth means the average distance from the front lot line to the rear lot line measured in a general direction with the side lot lines of a lot.

Lot lines means the lines bounding a lot:

(1)

Lot line, front. The line separating a lot from the right-of-way of the street which is designated by the owner as the front street, except that were there is an access easement, that easement line shall be the front lot line, rather than the street itself.

(2)

Lot line, rear. The lot boundary opposite and most distant from the front lot line. In the case of a pointed or irregular lot, it shall be an imaginary line parallel to and farthest from the front lot line, not less than 30 feet long and wholly within the lot.

(3)

Lot line, side. A side lot line is any lot boundary line not a front lot line or rear lot line.

Lot of record means a lot which is part of a subdivision or a lot or parcel described by metes and bounds which has been legally created and recorded in the office of the county register of deeds.

Lot width means the width of a lot at the required building setback line measured at right angles to its depth. However, within the SED-80 district, the required lot width shall be measured at the actual building line.

Lumen means the unit of measure of the quantity of light emitted by a light source, irrespective of direction.

Luminescent means any surface that is illuminated through the use of phosphorescent or luminescent paint or material.

Maids' quarters means an attached or detached individual dwelling unit identified as being an historic structure and listed individually in the National Register of Historic Places, a listing by the U.S. Department of the Interior, or has preliminary been determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.

Maintained footcandles means footcandles (minimum, maximum, or average) that are calculated with an adjustment for a maintenance factor that includes dirt buildup, lamp lumen depreciation, ballast factor, etc. The system is in effect over designed initially and then over time allowed to reach a maintained footcandle level.

Manufactured home means a dwelling unit manufactured off-site including, but not limited to, mobile home, modular unit and trailer.

Maximum footcandle means the maximum footcandle point calculation or measurement in a given area.

Mean high water (MHW) means 1.8 feet above the National Geodetic Vertical Datum, 1929.

Medical clinic means a building or structure or portion thereof where medical services are provided by three or more doctors or practitioners for outpatients only.

Medical office means a building or structure or portion thereof where persons receive outpatient medical examinations, treatments, and procedures from licensed practitioners. This definition shall include doctors and dentists offices, and the offices of any other licensed and/or certified health care providers.

Micro-wireless facility means a small wireless facility that is no larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, no longer than 11 inches.

Mini-storage means a building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual compartmentalized and controlled access stalls or lockers for the storage of customers' belongings.

Minimum footcandle means the minimum footcandle point calculation or measurement in a given area.

Mobile home (includes double-wide and triple-wide homes) means a preassembled dwelling unit built on a chassis, with body width exceeding eight feet and body length exceeding 32 feet, designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities. A travel trailer is not to be considered as a mobile home.

Mobile home park means a parcel or tract of land under single ownership which has been planned and improved for the placement of mobile homes for dwelling purposes.

Modular unit means a factory-fabricated transportable building designed to be used by itself or to be incorporated with similar units at a building site into a modular structure. The term is intended to apply to major assemblies and does not include prefabricated panels, trusses, plumbing trees, and other prefabricated subelements which are to be incorporated into a structure at the site.

Monopole means a slender self-supporting communications tower consisting of a single pole.

Motel. See Hotel.

Motor lodge. See Hotel.

Navigational light means a light used to guide or direct ships, boats or other types of watercraft and which may have a flashing or intermittent pattern of illumination.

Nonconforming lot means a legally created lot which does not have required frontage on a town-approved street or fails to meet minimum dimensional requirements for the district in which it is located.

Nonconforming sign means a legally erected sign which is not in compliance with the regulations imposed by this chapter.

Nonconforming site means an existing site which was legally developed that no longer conforms to one or more of the regulations applicable to the district in which the site is located. A site may be nonconforming due to excessive lot coverage, inadequate or nonconforming parking facilities, nonconforming outdoor lighting, inadequate buffering or other regulations, excluding signs, which are not in compliance with the provisions of this chapter. A nonconforming site may be in conjunction with nonconforming structures or nonconforming uses.

Nonconforming structure means a legally created structure that fails to meet the minimum dimensional requirements for the district in which it is located.

Nonconforming use means the use of a structure or land which does not conform with the regulations of the district in which such structure or land is situated but was lawful before an amendment to this chapter.

Nonprofit/community outreach center means a building that is occupied and used exclusively as a community center providing social and/or recreational programs but which does not provide:

(1)

Overnight accommodations; or

(2)

Any business offices, and is owned and operated by a nonprofit entity that is exempt under section 501(c)(3) or section 501(c)(7) of the Internal Revenue Code. (Specifically, this definition excludes halfway houses and rehabilitation clinics.)

Nonprofit/outreach center with aquatic fitness facility means a building that is occupied and used exclusively as an aquatic fitness center providing social and/or recreational programs, wellness center, health fitness programs, child and youth services, and public divine worship activities, but which does not provide overnight accommodations; and is owned and operated by a nonprofit entity that is exempt under section 501(c)(3) or 501(c)(7) of the Internal Revenue Code. This definition specifically excludes halfway houses.

Nonprofit wildlife and ecological preserve means a natural wildlife and ecological protected area with facilities intended to support the preservation of the natural environment and provide educational programming to the public.

Nude model studio means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. There is excepted from this definition any studio which is part of a school for artists who are regularly enrolled in a course of instruction in the arts, and in which the use of nude models involves less than ten percent of the course hours.

Nudity or a state of nudity means the appearance of a human bare buttock, anus, male genitals, female genitals, or female breast without a fully opaque complete covering of the breast below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state even if completely and opaquely covered.

Nursing home means a longterm care facility with skilled and intermediate nursing beds and rest home beds.

Oceanfront setback means a line which is shoreward from the mean high water line of the Atlantic Ocean within which no structure may be located unless approved by the board of commissioners as required for beach access or pier construction under the conditional use provisions of this chapter. (See subsection 48-744(c).)

Office/retail group development means a group of buildings on a single site which are occupied and used for professional offices, retail, services, indoor recreation facilities, and/or restaurant uses.

Open space means an unoccupied natural, grassed or landscaped space open to the sky.

Open storage means unroofed storage area.

Open vertical fixture means an unshielded high intensity discharge fixture with an open bottom acrylic refractor.

Outdoor aquatics facility means a facility where water sports are performed outdoors in a swimming pool and/or wading pool.

Oversized vehicle, means any motor vehicle, boat or trailer, which exceeds either ten feet in width or 20 feet in length, exclusive of fixtures or accessories.

Owner occupied art gallery means a structure for the collection, display and/or distribution of objects of art and generally open to the public and operated by the art gallery owner residing at the structure and does not employ any person outside the immediate family, and the customer service and display are of the art gallery shall not exceed 500 square feet.

Park means any public land available for recreational, education, cultural or aesthetic use.

Parking, off-street, means a designated vehicular storage space located outside of any dedicated public right-of-way and contained within a property boundary.

Parking, on-street, means a vehicular storage space as permitted by the town within a public right-of-way (see chapter 42 Traffic and Motor Vehicles).

Parking space or stall means a designated vehicular storage space within a public or private parking area.

Pennants means small usually multicolored, plastic or fabric flags held together by a string or cord, and generally used to attract attention to a business or site.

Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.

Personal watercraft means a small vessel utilizing an outboard or inboard motor powering a water jet pump as its primary source of motive power, and which is designed to be operated by a person sitting, standing, or kneeling on the vessel rather than the conventional manner of sitting or standing inside the vehicle.

Powered scooter means any two-wheeled device that has handlebars, has a floorboard that is designed to be stood upon when riding, and is powered by an electric motor or other power source. This device may also have a driver seat that does not interfere with the ability of the rider to stand and ride and may also be designed to be powered by human propulsion. This definition shall not include motorcycles or mopeds as defined by the North Carolina General Statutes.

Powered scooter share operator means an individual or a public, private, or non-profit entity that manages a powered scooter share program.

Powered scooter share program means a system of self-service powered scooters for hire operated within the Town of Nags Head by a powered scooter share operator that offers to users self-service powered scooters for use in the public right-of-way or on public property. As used in this section, a powered scooter share program is "operated" within the Town of Nags Head whenever a powered scooter share operator does any of the following with respect to powered scooters: delivers, makes available, leases, retrieves, contracts for the rental or use, receives or responds to orders for the use, collects payment for the use, or otherwise makes arrangements enabling another person to receive or use for a fee a powered motor scooter.

Private club. See section 48-365, private clubs.

Private dock means an estuarine pier or dock which may be permitted as an accessory use to the principal use, and shall be for the exclusive use of the landowner and shall not provide any services of a commercial marina.

Property means all real property subject to zoning regulations and restrictions and zoning boundaries by the town.

Public trust beach area means the area adjacent to the Atlantic Ocean that is subject to public trust rights. This area is in constant flux due to the action of wind, waves, tides, and storms and includes the wet sand area of the beach that is subject to regular flooding by tides, i.e., state owned property seaward of the mean high water mark, and the dry sand area of the beach that is subject to occasional flooding by tides, including wind tides other than those resulting from a hurricane or tropical storm. Natural indicators of the landward extent of the public trust beach area include, but are not limited to, the first line of stable, natural vegetation; the toe of the frontal dune; and the storm trash line.

Real estate rental management facility means a building containing those uses, including but not limited to, administrative offices and warehouse/storage areas for the convenience, maintenance, housekeeping and service of rental homes and properties.

Recessed or flush-mounted means a fixture that is mounted above the ceiling with the opening, lens, or cover of the fixture recessed or level with the ceiling surface, and all light emitted is below the horizontal plane.

Reflective means any light that is reflected light back towards its source in intensity many times greater than would be reflected by a white painted surface. Reflectorized materials may include, but are not limited to reflective sheeting, glass beads and glass or plastic reflectors and shall also include reflective elements that sparkle in the sunlight or that contain luminous paint that glows in the dark.

Reinforced turf means a turf or grassed surface which is reinforced through an underlying grid, honeycomb or other reinforcement structure which holds up under light automobile traffic and parking use while providing a porous, vegetated medium that allows stormwater to infiltrate.

Religious complex means a church (a building primarily used for public divine worship) or a church and any related structures including a parsonage, fellowship halls, educational buildings, youth centers, recreational facilities (which include playgrounds), day care centers, parochial schools or similar structures or areas located on a single site.

Residential cluster means the grouping of attached or detached single-family dwellings, whether for one or more families, on a single lot meeting the dimensional requirements for the zoning district for the number of residential units, in an arrangement in which the side yards or distance between units may be less than that required in the zoning district. Residential clusters may normally have the appearance of one structure, and the individual residential units may be connected by common porches, walkways, patios or garages.

Restaurant means an establishment engaged in the service of food and/or beverages to patrons seated inside a building. A restaurant site may contain more than one principal restaurant building, or one principal restaurant building in combination with another principal drive-in restaurant, drive-through restaurant, or takeout restaurant building. To qualify as a restaurant an establishment shall have the following:

(1)

A food preparation area that is at least 20 percent of the gross building square footage of the principal building. The square footage of food preparation area located in an on-site accessory restaurant use building or a second on-site drive-in, drive-through or take-out restaurant may be applied when calculating this minimum 20 percent requirement. But when calculated together (principal and accessory or second principal buildings) in no event shall the food preparation area of the principal building be permitted to be less than ten percent of the principal building gross square footage; and,

(2)

At least 75 percent of all customer seats designated for full-service, full-menu, dining; and

(3)

No more than 15 percent of the total building square footage devoted to accessory entertainment uses including but not limited to dance floor, lounges, bars, stages, live performance, and disc-jockey areas. Accessory entertainment uses referenced in this section shall be permitted in a restaurant establishment provided these uses are clearly subordinate in area, extent, hours of operation, and purpose to areas designated for food and/or beverage preparation, service, and consumption.

Restaurant, drive-in, means an establishment whose principal business is the serving of prepared food, frozen desserts or beverages to a customer, either within a motor vehicle parked upon the premises or at other facilities on the premises outside the restaurant building.

Restaurant, drive-through, means an establishment where drive lane facilities are provided for the serving of prepared food, frozen desserts or beverages directly to a customer in a motor vehicle by a means which eliminates the need for the customer to exit the motor vehicle.

Restaurant, neighborhood means a restaurant situated and designed to serve a small client base fronting on South Virginia Dare Trail (NC 12) comprised of less than 1,000 square feet of indoor customer service area.

Restaurant, takeout means an establishment engaged in the preparation of food and/or beverages which are delivered or picked up and consumed by patrons off premises.

Retail shopping center means a commercial structure which includes or is designed to include two or more establishments with a combined floor area of at least 10,000 square feet planned for a single or contiguous lot.

Roof line means the top plate or roof panel of a building or structure.

Roominghouse means a boardinghouse with the exception that a roominghouse does not include the serving of meals or allow the communal use of other facilities in the dwelling, with occupancy by tenants being exclusively for the renting of individual rooms.

Search ring means the area within which a wireless support facility or wireless facility must be located in order to meet service objectives of the wireless service provider using the wireless facility or wireless support structure.

Semi-nude means a state of dress in which clothing covers no more than the human bare buttock, anus, male genitals, female genitals, or female breast without a fully opaque complete covering of the breast below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state even if completely and opaquely covered.

Sexual encounter center means a business or commercial enterprise that, as one of its business purposes, offers for any form of consideration:

(1)

Physical contact by customers in the form of wrestling or tumbling between persons of the opposite sex; or

(2)

Activities between male and female persons, or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity.

Sexually oriented business means a business which offers its customers or patrons any device, activity or demonstration depicting specified sexual activities, or which is intended to appeal to sexual interests, titillation or arousal of the customer or patron. A sexually oriented business shall include an adult establishment as defined in G.S. 14-202.10(2) and, in addition, without limitation: adult arcade, adult bookstore, adult video store, adult cabaret, adult media center, adult live entertainment business, adult motel, adult motion picture theater, adult mini-motion picture theater, adult theater, adult escort agency, nude model studio, and sexual encounter center.

Sexually oriented business activities means those activities usually provided for, promoted, or offered by a sexually oriented business, whether or not, as the principal business purpose or as a sideline or accessory business purpose, and whether or not in connection with or on the same premises with a business which is not a sexually oriented business.

Sexually oriented devices means as defined in G.S. 14-202.10(9) which is incorporated in this definition by reference.

Short-term rental, partial house means a resident occupied single-family dwelling that consists of the rental of up to two guest rooms for vacation, leisure, recreation, or other purposes for fewer than 30 days. The partial house short-term rental should be subordinate and incidental to the principal residential use of the dwelling.

Short-term rental, whole house means the rental of an entire single-family dwelling to a group operating as one housekeeping unit for vacation, leisure, recreation, or other purposes for fewer than 30 days.

Shrubs means woody plants with several permanent stems instead of a single trunk.

Sign. Any surface, fabric or device bearing lettered, pictorial or sculptured matter designed to convey information visually and exposed to public view, or any structures, including billboard or poster panel, designed to carry visual information.

(1)

Bulletin board. A sign used to announce meetings or programs to be held on the premises of a church, school, auditorium, library, museum, community recreation center or similar noncommercial places of public assembly.

(2)

Commercial sign. A sign which directs attention to a business, profession or industry located upon the premises where the sign is displayed, to type of products sold, manufactured or assembled, and/or to service or entertainment offered on said premises; but not a sign pertaining to the preceding if such activity is only minor and incidental to the principal use of the premises. Prior to the issuance of a certificate of completion a commercial sign may be erected on a premises provided a site plan has been approved by the town and the required building permit(s) has been issued.

(3)

Noncommercial sign. A sign that contains no commercial advertising or statements, logos, designs or trademarks designed or intended to promote or produce financial gain other than donations for charitable organizations such as groups which are tax exempt pursuant to the Internal Revenue Code.

(4)

Flag (non-advertising, non-informational). A piece of fabric or other flexible material attached to a freestanding flag pole. Flags shall be permitted in all districts on developed lots, provided that the following conditions are met:

a.

Such flags are displayed on permanent pole structures or other mounting surfaces.

b.

Flag poles shall not exceed 35 feet in height above the road grade, except in accordance with section 48-81 exclusion from height limitations.

c.

The size of the flag shall be no greater than six feet by ten feet.

d.

The number of flags shall be limited to one flag for every 20 linear feet of street frontage.

(5)

Commercial flag sign. A sign made of fabric or other flexible material and displayed as a flag on a flag pole having a commercial message. Flag signs shall not exceed 24 square feet in area and 14 feet in height, and shall be allowed only on freestanding flag poles.

(6)

Permanent sign. A sign attached or affixed to a building, window, or structure, or to the ground in a manner that enables the sign to resist environmental loads, such as wind, and that precludes ready removal or movement of the sign and whose intended use appears to be indefinite.

(7)

Temporary sign. A type of non-permanent, sign located on private property that is generally displayed for a limited period of time in conjunction with a specific activity or event occurring at the property.

Sign area means the area of signs composed, in whole or in part, of freestanding letters, devices or sculptured matter not mounted on a measurable surface shall be construed to be the area of the least square, rectangle or circle that will enclose the letters, devices and/or sculptured matter. The area of a double-faced sign shall be the area of one face of the sign, provided that the two faces are of the same size and are parallel to one another with no more than 24 inches between each sign face.

Site means the area or parcel of land on which a business or residence is located and operated. A site may be one or more subdivided lots, unsubdivided parcels, tracts or areas of land which join and are being developed under a common scheme of development.

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 section 48-525, application for building permits for conditional uses.

Skate park facility means a facility for the use of skateboards, roller skates, and inline roller skates.

Small day care home means a home occupation in which care is provided for a maximum of five preschool children, or up to eight children if at least three are school age. Five-year-olds are considered school age if they became five on or before October 16 of the current school year and have attended or are attending a public or private grade school or kindergarten.

Small fishing skiff means a rental skiff, used for fishing, 16 feet or less in length, powered by either electric or four-cycle engine of 25 horsepower or less.

Small wireless facility means a wireless facility that meets both of the following qualifications:

(1)

Each antenna is located inside an enclosure of no more than six cubic in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements, if enclosed, could fit within an enclosure of no more than six cubic feet.

(2)

All other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet. For purposes of this chapter, the following types of ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, communications demarcation boxes, ground based enclosures, grounding equipment, power transfer switches, cut off switches, vertical cable runs for the connection of power and other services, or other support structures.

Soft play means indoor juvenile entertainment that features physical interaction with inflated, textile play structures, such as bouncing chambers and ball-crawling pits, and other similar play apparatus.

Specified anatomical areas means as defined in G.S. 14-202.10(10) which is incorporated in this definition by reference.

Specified sexual activities means as defined in G.S. 14-202.10(11) which is incorporated in this definition by reference.

Sport-climbing wall means an artificial attempt to recreate the characteristics of a rock-climbing face. They are usually incorporated into existing internal or external walls but can be a freestanding structure. The purpose of climbing walls is to allow basic climbing instruction and sport climbing. They allow climbers to experience the same faceholds, cracks, overhangs and other features one might expect to find at a natural climbing area.

Street means a street is any permanently dedicated public right-of-way which has been accepted for maintenance by the state department of transportation or by the board of commissioners of the town.

Structure means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

Structure, accessory, means a building or other structure, the use of which is clearly incidental to and customarily found in conjunction with the principal structure or use.

Structure highlighting means:

(1)

Exposed or channel neon, argon, krypton or similar gas tube lighting, not utilized as a part of permitted signage, that directs attention to a building, or structure;

(2)

Any unshielded light source, or light source that illuminates a translucent or opaque two- or three-dimensional surface, or object, that is not part of a permitted sign, that directs attention to a building or structure.

Substantial modification means the mounting of a proposed wireless facility on a wireless support structure that substantially changes the physical dimensions of the support structure. A mounting is presumed to be a substantial modification if it meets any one or more of the criteria listed below. The burden is on the local government to demonstrate that a mounting that does not meet the listed criteria constitutes a substantial change to the physical dimensions of the wireless support structure.

(1)

Increasing the existing vertical height of the structure by the greater of: (i) more than ten percent; or (ii) the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet.

(2)

Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure the greater of: (i) more than 20 feet; or (ii) more than the width of the wireless support structure at the level of the appurtenance.

(3)

Increasing the square footage of the existing equipment compound by more than 2,500 square feet.

Top plate means the point at which the structural wall framing and the structural roof framing join together at the top of the uppermost habitable floor. When a building is designed with top plates at more than one horizontal level, the uppermost plate is the one referred to and regulated by this chapter.

Tour boat means a vessel used to transport passengers for passive nature or recreational enjoyment from a shore-based site to a destination or attraction and returning to the same shore-based site without embarking or disembarking passengers enroute. A tour boat does not include charter boat, guide boat, or water taxi boat.

Town rights-of-way means a rights-of-way owned, leased, or operated by the town, including any public street or alley that is not part of the state highway system.

Town utility pole means a pole owned by a town in the town rights-of-way that provides lighting, traffic control, or similar function.

Townhouse means a single-family dwelling on its own individual lot but connected on two sides, by means of a common wall for at least ten feet of its length, to two other single-family dwellings or an end dwelling of a row of such dwellings.

Trade association means an unincorporated or incorporated association of members of a particular profession or trade formed for the advancement of the trade or the betterment of its members in the trade.

Trade association office means a building or portion of a building wherein an unincorporated or incorporated association of members of a particular profession perform noncommercial, predominantly administrative and/or clerical activities, educational, and/or training activities and meetings necessary for the advancement of the trade or the betterment of its members in the trade.

Trade center means a structure containing two or more individual units, primarily devoted to service and wholesale operations and the storage of materials for off-site work.

Trailer means any of the following:

(1)

Camping trailer. A folding structure of canvas or other material mounted on wheels and designed for travel, recreation and vacation use.

(2)

Motor home. A portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle.

(3)

Pickup coach. A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation.

(4)

Travel trailer. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, and, when factory-equipped for the roads, it shall have a body width not exceeding eight feet and a body length not exceeding 32 feet.

Trailer park means a parcel or tract of land under single ownership which has been planned and improved for open-air camping or the temporary placement of trailers as a service to the traveling public.

Transient occupancy means occupancy by the same individual or owner for combined period of no greater than 30 days in any single calendar year.

Tree means a woody perennial plant with one main stem or trunk which develops many branches, usually at some height above the ground.

Use means:

(1)

Any purpose for which a building or other structure or a tract of land may be designed, arranged, maintained or occupied; or

(2)

Any activity, occupation, business or operation carried on in a building or other structure or on a tract of land.

Use, accessory, means a building, structure or use which meets all of the following criteria:

(1)

It is clearly incidental to and customarily found in connection with a principal building or use;

(2)

It is subordinate to and serves a principal building or a principal use;

(3)

It is subordinate in area, extent or purpose to the principal building or principal use served;

(4)

It contributes to the comfort, convenience or needs of occupants, or business in the principal building or the principal use served;

(5)

It is located on the same lot as the principal building or use served; and

(6)

Is not a sexually oriented business or a sexually oriented business activity.

Use, conditional, means a conditional use is a use that would not be appropriate generally or without restriction throughout a particular zoning district but which, if controlled as to number, area, location or relation to the neighborhood, would preserve the intent of this chapter to promote the public health, safety, morals and general welfare. Specific provisions are made for conditional uses which may be permitted in certain zones and the procedures for application are set out in section 48-525.

Utility pole means a structure that is designed for and used to carry lines, cables, wires, lighting facilities, or small wireless facilities for telephone, cable television, electricity, lighting or wireless services.

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 the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.

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.

Water-balloon battle game means a portable or stationary amusement attraction where players launch water balloons at each other from within opposing covered stations.

Water tower means a water storage tank, a standpipe, or an elevated tank situated on a support structure originally constructed for use as a reservoir or facility to store or deliver water.

Wetlands are areas that are inundated or saturated by an accumulation of surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

Wind energy facility means an electric generating facility, whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.

Wind energy facility, roof top no more than two commercially manufactured roof-mounted systems per site, attached to either principal or accessory structures, designed to supplement other electricity sources as an accessory use to existing principle buildings or facilities, wherein the power generated is used primarily for on-site consumption having a total rated capacity of ten kW or less. The structural, mechanical, and electrical installation of such facilities shall conform to all applicable local, state and federal code and permitting requirements.

Wind energy facility, small means a single system designed to supplement other electricity sources as an accessory use to existing principle buildings or facilities, wherein the power generated is used primarily for on-site consumption. A small wind energy conversion system consists of a single wind turbine, a tower, and associated control or conversion electronics, which has a total rated capacity of 20 kW or less.

Wind energy facility, vertical axis means a system where the main rotor shaft is set vertically and the main components are located at the base of the turbine. They are designed to supplement other electricity sources as an accessory use to existing principle buildings or facilities, wherein power generated is used primarily for on-site consumption. A vertical axis wind energy facility consists of a single wind turbine, a tower, and associated control or conversion electronics.

Wireless facility means equipment at a fixed location that enables wireless communications between use equipment and a communications network, including: (i) equipment associated with wireless communications; and (ii) radio transceivers, antennas, wires, coaxial or fiber optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities. The term shall not include any of the following:

(1)

The structure or improvements on, under, within, or adjacent to which the equipment is collocated.

(2)

Wireline backhaul facilities.

(3)

Coaxial or fiber optic cable that is between wireless structures or utility poles or city utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.

Wireless infrastructure provider means any person with a certificate to provide telecommunications service in the state who builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures for small wireless facilities but that does not provide wireless services.

Wireless provider means a wireless infrastructure provider or a wireless services provider.

Wireless services means any services, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using wireless facilities.

Wireless services provider means a person who provides wireless services.

Wireless support structure means a new or existing structure, such as a monopole, lattice tower, or guyed tower that is designed to support or capable of supporting wireless facilities. A utility pole or a city utility pole is not a wireless support structure.

Yard means a required open space unoccupied and unobstructed by any structure or portion of a structure from 12 inches above the general 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 subject to height limitations and requirements limiting obstruction of visibility or any other requirement of this chapter. And further provided, that customary accessory buildings or structures, including pools and pool surrounds, may be located in any rear or side yard no closer than five feet to any property line and subject to other limitations of this chapter. For lots of record which front on access easements, yard and lot depth measurements shall be made from the edge of the easement rather than from the lot line.

(1)

Yard, front. A yard extending between side lot lines across the front of a lot adjoining the public street. Depth of required front yard shall be measured at right angles to a straight line joining the foremost points of the side lot lines. 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 essentially parallel. The inner edge of the front yard shall be measured from the building foundation and shall exclude the outermost three feet of eaves, gutters, uncovered handicapped ramps, or uncovered steps. This exclusion may also apply to cargo lifts for single-family or duplex dwellings only, and built-in railing benches constructed in accordance with chapter 48, appendix, Town of Nags Head Residential Design Manual.

(2)

Yard, rear. A yard extending across the rear of the lot between side lot lines. Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line. The inner edge of the rear yard shall be measured from the building foundation and may exclude the outermost three feet of eaves, gutters, uncovered handicapped ramps, or uncovered steps. This exclusion may also apply to cargo lifts for single-family or duplex dwellings only, and built-in railing benches constructed in accordance with the "Town of Nags Head Residential Design Manual", located at the end of this chapter.

(3)

Yard, side. A yard extending from the rear line of the required front yard to the rear yard. Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line. The inner edge of the side yard shall be measured from the building foundation and may exclude the outermost three feet of eaves, gutters, uncovered handicapped ramps, or uncovered steps. This exclusion may also apply to cargo lifts for single-family or duplex dwellings only, and built-in railing benches constructed in accordance with the chapter 48 appendix, "Town of Nags Head Residential Design Manual". For single-family or duplex uses under common ownership, when the replacement of existing heat pumps or AC units are necessary and the unit stands are located in the building side yard setback, in order to comply with equipment manufactures recommended separation requirement, these units and stands may encroach to the least extent possible beyond the required side yard setback. HVAC stands and equipment for new construction and additions must meet all current setback requirements.

(Code 1990, § 22-153; Ord. No. 03-08-040, §§ 1, 27, 28, 8-20-2003; Ord. No. 03-09-042, § 2, 9-3-2003; Ord. No. 03-12-053, § 1, 12-3-2003; Ord. No. 04-04-012, § II, 4-7-2004; Ord. No. 04-04-013, § I, 4-7-2004; Ord. No. 04-07-027, § I, 7-7-2004; Ord. No. 05-06-018, § I, 6-1-2005; Ord. No. 05-08-030, § I, 8-3-2005; Ord. No. 05-08-031, § I, 8-3-2005; Ord. No. 05-10-040, § I, 10-5-2005; Ord. No. 05-11-044, § I, 11-2-2005; Ord. No. 06-02-006, § I, 2-1-2006; Ord. No. 06-02-007, § I, 2-1-2006; Ord. No. 06-04-011, Pt. I, 4-5-2006; Ord. No. 06-05-015, Pt. I, 5-3-2006; Ord. No. 06-06-017, Pt. I, 6-7-2006; Ord. No. 06-09-033, § I, 9-6-2006; Ord. No. 06-11-047, § I, 11-1-2006; Ord. No. 06-11-049, § I, II, 11-1-2006; Ord. No. 06-12-053, § I, 12-6-2006; Ord. No. 07-04-009, § I, 4-25-2007; Ord. No. 07-06-014, § I, 6-6-2007; Ord. No. 07-06-015, § I, 6-6-2007; Ord. No. 08-01-003, § I, 1-9-2008; Ord. No. 09-01-004, § I, 1-7-2009; Ord. No. 09-01-009, § II, 1-7-2009; Ord. No. 09-09-034, Pt. II, 9-2-2009; Ord. No. 09-09-036, Pt. I, 9-2-2009; Ord. No. 09-10-038, Pt. I, 10-7-2009; Ord. No. 09-10-040, Pt. III, 10-7-2009; Ord. No. 09-12-048, Pt. I, 12-2-2009; Ord. No. 10-03-009, Pt. I, 3-17-2010; Ord. No. 10-12-040, Pt. I, 12-1-2010; Ord. No. 10-01-003, Pt. I, 1-5-2011; Ord. No. 11-08-029, Pt. II, 8-3-2011; Ord. No. 11-11-041, Pt. II, 11-2-2011; Ord. No. 11-12-044, Pt. I, 12-7-2011; Ord. No. 12-01-002, Pt. II, 1-4-2012; Ord. No. 12-05-013, Pt. II, 5-2-2012; Ord. No. 12-05-014, Pt. II, 5-2-2012; Ord. No. 12-06-018, Pt. I, 6-6-2012; Ord. No. 12-08-024, Pt. I, 8-1-2012; Ord. No. 12-12-036, Pt. I, 12-5-2012; Ord. No. 14-12-032, Pt. I, 12-3-2014; Ord. No. 15-03-009 , Pt. I, 3-4-2015; Ord. No. 15-05-013 , Pt. I, 5-6-2015; Ord. No. 15-06-015 , Pt. I, 6-3-2015; Ord. No. 15-08-029 , Pt. I, 8-19-2015; Ord. No. 16-02-005 , Pt. I, 2-3-2016; Ord. No. 16-07-020 , Pt. I, 7-6-2016; Ord. No. 16-11-028 , Pt. I, 11-2-2016; Ord. No. 17-05-008 , Pt. I, 5-17-2017; Ord. No. 17-07-012 , Pt. I, 7-5-2017; Ord. No. 17-10-017 , Pt. I, 10-4-2017; Ord. No. 18-09-011 , Pt. I, 9-5-2018; Ord. No. 18-10-015 , Pt. I, 10-3-2018; Ord. No. 19-02-003 , Pt. I, 2-6-2019; Ord. No. 19-04-006 , Pt. II, 4-3-2019)

Cross reference

Definitions generally, § 1-2.