Defined Terms

Sec. 17.3. Defined Terms

A Definitions

Accelerated Erosion:

Any increase over the rate of natural erosion The wearing away of the earth's surface by water, wind or other natural agents under natural environmental conditions undisturbed by man. as a result of land-disturbing activity.

Accessory Dwelling Unit:

An accessory use that is a dwelling as part of a principal or primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. or detached within a separate accessory structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. on the same lot as the principal or primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways..

Accessory Use or Structure:

A use or structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. that exists on the same lot with the principal use or structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. and is subordinate Secondary in appearance so as not to diminish or visually overpower another element or structure. This shall be considered as a whole and shall not require each dimensional aspect to be subordinate, unless specifically required by another provision of this Ordinance. in size and purpose to the principal use.

Act of God:

An event, such as an earthquake or hurricane, that is caused by natural forces and cannot be prevented or foreseen.

Active Recreation:

Leisure activities usually of an organized nature, often performed with others and often requiring equipment, taking place at prescribed places, sites, or fields.

Addition (to an existing building):

An extension or increase in the floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. or height of a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways..

Adequate Erosion Control Measure, Structure or Device:

means one which controls the soil material within the land area under responsible control of the person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. conducting the land disturbing activity Any use of land by any person in residential, industrial, educational, institutional or commercial development, and in highway and road construction and maintenance, that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. This includes borrow and waste disposal activity not regulated by the provisions of the Mining Act of 1971 or the Department of Health and Human Resources, Division of Health Services. Land disturbing activities over which the State has exclusive regulatory jurisdiction as provided in NCGS § 74-46 through 74-68, or NCGS § 113A-56 (a) shall not be included in this definition..

Adjacent:

Property abutting directly on the boundary of, touching, or sharing a common point.

Adopted Land Use Plans:

Any land use plan adopted by a governing body including, specifically, the Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services..

Adult Establishment:

A business as defined in North Carolina General Statute (NCGS) §14-202.10(2). This definition includes adult bookstores, adult motion picture theaters A building or structure which contains an assembly hall for the performing arts and/or for the showing of motion pictures., adult mini-motion picture theaters A building or structure which contains an assembly hall for the performing arts and/or for the showing of motion pictures., adult live entertainment businesses or massage businesses. These uses are further defined in NCGS §14-202.10 and the definitions are adopted by reference; however, massage therapy businesses A business where all therapists maintain a valid license to practice massage therapy, as required pursuant to NCGS Chapter 90, Article 36, Massage and Bodywork Therapy Practice. as defined in this Ordinance are exempt from this definition.

Affiliate:

A person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control of another person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity..

Affordable Housing Dwelling Unit:

A dwelling unit A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. committed for a minimum 30-year term as affordable, through covenants, restrictions, or officially adopted agreements, to households with incomes as follows. Income eligibility, affordable rent levels and affordable for sale prices, as well as monitoring and compliance requirements for affordable housing dwelling units A dwelling unit committed for a minimum 30-year term as affordable, through covenants, restrictions, or officially adopted agreements, to households with incomes as follows. Income eligibility, affordable rent levels and affordable for sale prices, as well as monitoring and compliance requirements for affordable housing dwelling units, will adhere to the adopted rules and procedures of the City of Durham’s Community Development Department., will adhere to the adopted rules and procedures of the City of Durham’s Community Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. Department.

For rental units, household income at initial occupancy of the rental affordable housing dwelling unit A dwelling unit committed for a minimum 30-year term as affordable, through covenants, restrictions, or officially adopted agreements, to households with incomes as follows. Income eligibility, affordable rent levels and affordable for sale prices, as well as monitoring and compliance requirements for affordable housing dwelling units, will adhere to the adopted rules and procedures of the City of Durham’s Community Development Department. must be at or below 60% of area median income (AMI) Income thresholds established by the United States Housing Department of Housing and Urban Development (HUD) based on median income for households in metropolitan areas, adjusted for family size, to determine eligibility for a variety of housing programs. as defined by the United States Department of Housing and Urban Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. (HUD) for the HOME Investment Partnership Program. Possession of a Housing Choice Voucher (HCV) from the Durham Housing Authority (DHA) is considered sufficient to qualify the household as meeting these requirements, and no further verification will be required. The unit will remain qualified as an affordable housing dwelling unit A dwelling unit committed for a minimum 30-year term as affordable, through covenants, restrictions, or officially adopted agreements, to households with incomes as follows. Income eligibility, affordable rent levels and affordable for sale prices, as well as monitoring and compliance requirements for affordable housing dwelling units, will adhere to the adopted rules and procedures of the City of Durham’s Community Development Department. if household income rises above 60% AMI but remains at or below 80% AMI after initial occupancy. If tenant income after initial occupancy rises above 80% AMI, after six consecutive months of the occupant being above 80% AMI the unit will no longer qualify as an affordable housing dwelling unit A dwelling unit committed for a minimum 30-year term as affordable, through covenants, restrictions, or officially adopted agreements, to households with incomes as follows. Income eligibility, affordable rent levels and affordable for sale prices, as well as monitoring and compliance requirements for affordable housing dwelling units, will adhere to the adopted rules and procedures of the City of Durham’s Community Development Department.. For sites with multiple affordable dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation., as long as the average of households in an affordable housing dwelling unit A dwelling unit committed for a minimum 30-year term as affordable, through covenants, restrictions, or officially adopted agreements, to households with incomes as follows. Income eligibility, affordable rent levels and affordable for sale prices, as well as monitoring and compliance requirements for affordable housing dwelling units, will adhere to the adopted rules and procedures of the City of Durham’s Community Development Department. is 60% AMI or less, and no household in an affordable housing dwelling unit A dwelling unit committed for a minimum 30-year term as affordable, through covenants, restrictions, or officially adopted agreements, to households with incomes as follows. Income eligibility, affordable rent levels and affordable for sale prices, as well as monitoring and compliance requirements for affordable housing dwelling units, will adhere to the adopted rules and procedures of the City of Durham’s Community Development Department. is above 80% AMI, all affordable housing dwelling units A dwelling unit committed for a minimum 30-year term as affordable, through covenants, restrictions, or officially adopted agreements, to households with incomes as follows. Income eligibility, affordable rent levels and affordable for sale prices, as well as monitoring and compliance requirements for affordable housing dwelling units, will adhere to the adopted rules and procedures of the City of Durham’s Community Development Department. will be considered to meet affordability guidelines.
For homeownership units, household income at closing of the for sale affordable housing dwelling unit A dwelling unit committed for a minimum 30-year term as affordable, through covenants, restrictions, or officially adopted agreements, to households with incomes as follows. Income eligibility, affordable rent levels and affordable for sale prices, as well as monitoring and compliance requirements for affordable housing dwelling units, will adhere to the adopted rules and procedures of the City of Durham’s Community Development Department. must be at or below 80% of area median income as defined by HUD for the HOME Investment Partnership Program. There are no limits on increases in income after closing as long as the unit remains the household’s principal residence.

Afforestation:

The act of establishing forest cover.

Agency:

A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products., travel agency A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc., temporary employee agency A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc., etc.

Agricultural Uses:

Land used as pasture or in the commercial production of crops Cultivated plants or agricultural produce, such as but not limited to grain, vegetables, or fruit., forestry The act of growing trees, harvesting timber or replanting trees in accordance with a management plan endorsed by the NC Division of Forest Resources., horticultural products, fish hatcheries or aquaculture, and the keeping of livestock Livestock includes but is not limited to poultry and hoofed animals such as cattle, horses, goats, sheep and swine; however, swine commonly referred to as Miniature, Vietnamese or Oriental Pot-Bellied pigs (Sus scroda vittatus) shall not be considered livestock if the animals are no more than 18 inches in height, the owner has proof of registry with the International Potbellied Pig Registry (IPPR), and no more than two are kept at any household. for commercial or noncommercial purposes. Also included in this definition of agricultural uses Land used as pasture or in the commercial production of crops, forestry, horticultural products, fish hatcheries or aquaculture, and the keeping of livestock for commercial or noncommercial purposes. Also included in this definition of agricultural uses are agricultural accessory buildings and sales of farm products grown or produced on the premises. This definition does not include domesticated chickens allowed pursuant to Sec. 5.4, Accessory Uses and Structures, the commercial slaughtering of animals for marketing, and farm tenant dwellings. are agricultural accessory buildings and sales of farm products Includes, but is not limited to, fruits, vegetables, mushrooms, herbs, grains, legumes, nuts, shell eggs, honey or other bee products, flowers, nursery stock, livestock food products (including meat and milk), and seafood. grown or produced A person or entity that makes a food or beverage, raises or produces farm products, or creates value-added farm products from farm products raised or produced on land that the person or entity farms. on the premises. This definition does not include domesticated chickens Poultry or fowl of the species Gallus gallus/G. gallus domesticus. The species includes many different breeds of chicken. allowed pursuant to Sec. 5.4, Accessory Uses and Structures, the commercial slaughtering of animals for marketing, and farm Land used as pasture or in the commercial production of crops, forestry, horticultural products, fish hatcheries or aquaculture, and the keeping of livestock for commercial or noncommercial purposes. Also included in this definition of agricultural uses are agricultural accessory buildings and sales of farm products grown or produced on the premises. This definition does not include domesticated chickens allowed pursuant to Sec. 5.4, Accessory Uses and Structures, the commercial slaughtering of animals for marketing, and farm tenant dwellings. tenant dwellings.

Airport:

A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled.

Alley:

A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.

Alternative Form of Compliance:

A form of compliance that equals or exceeds an applicable standard and is subject to approval as defined in the Unified Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. Ordinance.

Antenna:

Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas., sectorized (panel) antennas Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas., multi or single bay (FM & TV), yagi, or parabolic (dish) antennas Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas..

Antenna Array:

A single or group of antenna Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas.(s) and their associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device such as a mounting frame or mounting support structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. for the sole purpose of transmitting or receiving electromagnetic waves.

Antenna, Combined:

An antenna Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. or an array of antennas Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. designed and utilized to provide services for more than one wireless provider for the same or similar type of services.

Antenna-Supporting Structure:

A vertical projection composed of metal or other substance with or without a foundation that is for the express purpose of accommodating antennas Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. at a desired height above grade A land disturbing activity that modifies the contours of the land.. Antenna-supporting structures do not include any device used to attach antennas Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. to an existing building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable., unless the device extends above the highest point of the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. by more than 20 feet. A wireless support structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. is defined separately within this section.

Anti-Climbing Device:

A piece or pieces of equipment which are either attached to antenna Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. supporting structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., or which are free-standing and are designed to prevent people from climbing the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways.. These devices can include but are not limited to fine mesh wrap around structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. legs, “squirrel-cones,” the removal of climbing pegs on monopole A style of wireless support structure (tower) for a freestanding, wireless communication facility that is composed of a single shaft usually composed of two or more hollow sections that are in turn attached to a foundation. This type of tower is designed to support itself without the use of guy wires or other stabilization devices, with a foundation that rests on or in the ground. Antennas and associated cables are not typically concealed within the shaft of the structure. structures, or other approved devices, but excluding the use of barbed or razor wire.

Appeal:

Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision.

Apiculture:

The maintenance of honey bee colonies.

Area Median Income (AMI):

Income thresholds established by the United States Housing Department of Housing and Urban Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. (HUD) based on median income for households in metropolitan areas, adjusted for family One or more individuals residing in a dwelling unit, living as a single housekeeping unit, and complying with the following rules: A. Any number of individuals related by blood, marriage, or adoption may occupy a dwelling unit; B. Where some or all of the occupants are unrelated by blood, marriage, or adoption, the total number of occupants that are unrelated, shall not exceed six. In applying this provision, children who are under the age of 23 and who are children of the owner or a person renting an entire dwelling unit from the owner shall be counted as a single occupant. In addition, in all cases, the limitation set out in subsection C. below shall apply. C. Where a reasonable accommodation has been approved. D. The presence of household employees or children in foster care shall not disqualify any premises otherwise satisfying the above rules. size, to determine eligibility for a variety of housing programs.

Area of Shallow Flooding:

A designated AO Zone on a community's Flood Insurance Rate Map (FIRM) An official map on which the Federal Emergency Management Agency has delineated the areas of special flood hazard, the Future Conditions Flood Hazard Areas and the risk premium zones. with base flood The flood having a one percent chance of being equaled or exceeded in any given year based on current conditions hydrology. depths from one to three feet, where a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate, and velocity flow may be evident.

Articulation:

An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. façades, massing, and detail to create variety.

B Definitions

Banquet Hall:

See “Event venue A primarily indoor commercial multi-purpose venue facility designed primarily for hosting special events such as graduations, weddings, anniversaries, holiday gatherings, trade shows, corporate functions or meetings, and other similar functions. The facility may typically have a catering kitchen, indoor and outdoor seating, and a stage or event area. This definition does not include stadiums, arenas, or other similar outdoor venues.”.

Bar:

An establishment that is primarily engaged in the business of selling alcoholic beverages for consumption on the premises. A bar See “Nightclub” shall not include a brewery A brewery that produces 15,000 or more US beer barrels (460,000 US gallons) per year., winery, or distillery.

Base Flood:

The flood having a one percent chance of being equaled or exceeded in any given year based on current conditions hydrology The flood discharges associated with the land-use conditions existing within the drainage area of a watercourse at the time a flood study of the watercourse was conducted. Current conditions flood discharges and historical flood study information are published in the Flood Insurance Study..

Base Flood Elevation (BFE):

The water surface elevations for the Base Flood The flood having a one percent chance of being equaled or exceeded in any given year based on current conditions hydrology. as published in the Flood Insurance The insurance coverage provided under the National Flood Insurance Program. Study. When the BFE has not been provided in a Special Flood Hazard Area, it may be obtained from engineering studies available from a Federal, State, or other source using FEMA-approved engineering methodologies. This elevation, when combined with the Freeboard The height added to the Base Flood Elevation (BFE) or the future conditions flood elevation to account for watershed development as well as limitations of the engineering methodologies for the determination of flood elevations. The Base Flood Elevation plus the freeboard establishes the “Regulatory Flood Protection Elevation.”, establishes the Regulatory Flood Protection Elevation The elevation above mean sea level to which the reference level of all structures and other development located within Special Flood Hazard Areas and Future Conditions Flood Hazard Areas must be protected. 1. In Special Flood Hazard Areas where Base Flood Elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet of freeboard. 2. In Special Flood Hazard Areas where no BFE has been established, this elevation shall be at least five feet above the highest adjacent grade. 3. In Future Conditions Flood Hazard Areas this elevation shall be the Future Conditions Flood Elevation plus two feet of freeboard. in Special Flood Hazard Areas.

Base Station:

A structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. or equipment at a fixed location that enables FCC-licensed or authorized wireless communications Any personal wireless service, which includes but is not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing Part 15 devices (i.e. wireless internet services) and paging. between user equipment and a communication network. The term does not encompass a wireless support structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. as defined in this section or any equipment associated with a tower.

Basement:

The lowest level or story The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. which has its floor sub-grade on at least three sides.

Bed and Breakfast:

A state-regulated facility for overnight accommodations as defined under NCGS § 130A-247.

Being Conducted:

A land-disturbing activity has been initiated and permanent stabilization of the site has not been completed.

Best Management Practice or BMP:

Stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. and runoff Water from precipitation that flows off a property. pollution control practices designed to reduce the amount of flow or pollutants contained in discharges to the stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. conveyance system and receiving waters.

Bicycle Parking, Long-Term:

Bicycle parking that is not required to be publicly accessible, but provided for the use of residents, employees, and visitors to a site for long periods of time during a day or overnight.

Bicycle Parking, Short-Term:

Bicycle parking that is publicly and readily accessible, and visible, with the intention to be used for short periods of time.

Block:

A usually rectangular space enclosed by right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. and occupied by or intended for buildings.

Block Face:

One side of a right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. between two consecutive intersecting or intercepting rights-of-way, natural barrier, or between a cross-street and the end of a dead end street or cul-de-sac A short street having only one end open to traffic and the other being permanently terminated with a vehicular turn-around provided.. Where a street curves so that any two adjacent Property abutting directly on the boundary of, touching, or sharing a common point. 100-foot chords thereof form an angle of 120 degrees or less, measured along the centerline of the street, such curve shall be construed as an intersecting street.

Block Perimeter:

The continuous line forming the boundary of a street block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings..

Borrow:

Fill material which is required for on-site construction and is obtained from other locations.

Boulevard:

Major streets with a median and two or more lanes that are identified and further described on the adopted Comprehensive Transportation Plan, as amended.

Brewery:

A brewery A brewery that produces 15,000 or more US beer barrels (460,000 US gallons) per year. that produces A person or entity that makes a food or beverage, raises or produces farm products, or creates value-added farm products from farm products raised or produced on land that the person or entity farms. 15,000 or more US beer barrels (460,000 US gallons) per year.

Brewery, Winery, and/or Distillery:

An establishment that is primarily engaged in the business of producing A person or entity that makes a food or beverage, raises or produces farm products, or creates value-added farm products from farm products raised or produced on land that the person or entity farms. and selling alcoholic beverages for consumption, either onsite or for consumption offsite. A brewery A brewery that produces 15,000 or more US beer barrels (460,000 US gallons) per year., winery, or and/or distillery may contain a bar See “Nightclub” if it meets the definition of “Bar See “Nightclub”” found in Article 17.3.

Broadcast Antennae, TV/HDTV/AM/FM Broadcast Facility:

Broadcast antenna-supporting structures and/or towers, including replacements, which contain antennae Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas./towers that transmit signals for television and radio communications.

Buffer:

A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants.

Buffer Zone:

The strip of land adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a lake or natural watercourse Any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary and any reservoir, lake or pond, natural or impounded, in which sediment may be moved or carried in suspension, and which could be damaged by accumulation of sediment..

Build-To Line:

The line a set distance from the back of curb establishing the required building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. location. Build-to lines shall be measured from the predominant curbline (not including bulb outs) or future curbline where no curb currently exists.

Build-To, Percent of Frontage:

The percent of the principal structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways.’s frontage that shall be constructed to a fixed line designed to pull structures forward on a lot. The required minimum build-to is set out as a percentage of the frontage.

Building:

As defined in the North Carolina Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Code, as amended, or the North Carolina Residential Code for One and Two-Family A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. Dwellings, as amended, as applicable.

Building Articulation:

See Articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety..

Building Base:

The lower level(s) of the building podium See Podium. specifically designed and articulated as the base or plinth of the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable..

Building Coverage:

The horizontal area within the outside of the exterior walls of the ground floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. of all principal and accessory buildings. Building coverage The horizontal area within the outside of the exterior walls of the ground floor of all principal and accessory buildings. Building coverage is set forth as a percentage of the total lot area. is set forth as a percentage of the total lot area The total area within the lot lines of a platted lot..

Building Elevation:

One of the exterior vertical faces of a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable..

Building Envelope:

The area between all required setbacks The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. within which a structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. can be located.

Building Front:

The side of the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. closest to and most nearly parallel with the street which provides access to the lot. In the case of a corner lot or through lot, either side abutting a street may be considered to be the front.

Building Line:

The primary edge of a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. closest to the street, side, and rear property lines, and extending from the physical edge of the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable..

Building Permit:

A permit issued by the Inspections Department in conformance with the State Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Code.

Building, Primary or Principal:

A building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. which contains the principal use(s). In a residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District., any primary dwelling shall be deemed to be a primary building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. on the lot on which it is situated.

Building Podium:

See Podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height..

Building Separation:

The required separation between primary buildings.

Bulk Storage:

Storage material in containers or tanks for sale to retail dealers, distributors, or outlets or for storage prior to disposal When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, is defined as in NCGS 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters..

Build-to Zone:

In Design Districts, the area parallel to the street where a street-facing façade or forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. is required to be located.

C Definitions

Caliper:

The diameter of plant material, measured at six inches above grade A land disturbing activity that modifies the contours of the land. for calipers of up to four inches, and 12 inches above grade A land disturbing activity that modifies the contours of the land. for larger calipers.

Campground:

A commercial recreational facility developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. to accommodate the use of travel trailers, motorized homes, tents, cabins, or other similar device or facility used for temporary occupancy, with or without facilities for the exclusive use of its occupants. This definition shall not include manufactured homes, manufactured home parks or subdivisions All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets., or the storage of recreational equipment or vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere..

Canopy:

A roof-like cover extending over an outdoor area for the purpose of sheltering A facility established on a temporary or permanent basis by an organization to provide sleeping accommodations or refuge to individuals due to a social, economic, or other emergency or crisis, such as but not limited to homelessness, domestic violence, or a natural disaster. individuals or equipment from the weather.

Care Center ‐ Adult Care Center:

A facility where an individual, agency A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc., or organization provides supervision or care for more than six adults in a place other than their usual place of abode.

Care Center ‐ Child Care Center:

A program where three or more children less than 13 years old receive care on regular basis of at least once a week for more than four hours from persons Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. not related to the children in care.

Care Center ‐ Child Care Center in Residence:

A child care center located within a residence and regulated by the State as a 'Center Located in Residence (CLIR). For the purposes of this Ordinance, such activities shall meet all requirements for home occupations Any occupation conducted by the inhabitants of the dwelling, which is secondary to the main use as a dwelling, and causes no change in the exterior of the dwelling..

Care Center ‐ Pre‐School:

An educational establishment that offers early childhood education prior to the start of required education at the primary school level.

Cardinal Direction:

One of the four principal compass points: north, south, east, or west.

Cemetery:

A place used or to be used and dedicated The transfer without payment of ownership or other interest in real property from a private entity to a public agency. or designated for interment of human remains or pet animal remains.

Certificate of Compliance:

A statement, signed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. by an administrative officer A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products., setting forth that a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable., structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., or use complies with this Ordinance and Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Codes and that the same may be used for the purposes stated on the permit.

Changeable Copy:

The characters, letters, or illustrations of a sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. that change, either manually or electronically, without altering the sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign..

Chemical Storage Facility:

means a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable., portion of a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable., or exterior area adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. used for the storage of any chemical or chemically reactive products.

Chicken:

Poultry or fowl of the species Gallus gallus/G. gallus domesticus. The species includes many different breeds of chicken Poultry or fowl of the species Gallus gallus/G. gallus domesticus. The species includes many different breeds of chicken..

Chicken Coop:

Chicken Pen:

An enclosure that is connected to and/or surrounding a chicken coop A structure for the sheltering of chickens. for the purpose of allowing chickens Poultry or fowl of the species Gallus gallus/G. gallus domesticus. The species includes many different breeds of chicken. to leave the coop while remaining in an enclosed predator-safe environment.

Clerestory Window:

A window set in a roof structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. or high in a wall (above eye-level), typically used for daylighting.

Clinic:

Establishments where humans receive treatment of illnesses or pregnancy, or examinations by a doctor, dentist, optician, psychologist, or other similar medical professional on an out-patient basis.

Club or Lodge:

A building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or site used by a non-profit membership organization for recreational or social purposes.

Cluster Box Unit (CBU):

A centralized grouping of individually locked and keyed mailboxes meeting the specifications of the United States Postal Service.

Cluster Development:

A residential subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. that concentrates development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. on a portion of a site, leaving the remainder in open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction.. Cluster developments Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. achieve the land use intensity objectives by virtue of limits to overall density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. rather than minimum lot sizes.

Collector Street:

A local street Streets less than one mile in length that do not connect thoroughfares, or major traffic generators, and typically do not collect traffic from more than 100 dwelling units; or loop streets less than 2,500 feet in length. which serves as a connector street between local residential streets Streets less than one mile in length that do not connect thoroughfares or major traffic generators that typically do not collect traffic from more than 25 dwelling units; or a loop street less than 2,500 feet in length., commercial development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. and the thoroughfare system; such streets typically collect traffic from 250 to 400 dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation..

Co-living:

A dwelling unit A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. where individuals reside by leasing a bedroom, the collective individuals do not qualify as a family One or more individuals residing in a dwelling unit, living as a single housekeeping unit, and complying with the following rules: A. Any number of individuals related by blood, marriage, or adoption may occupy a dwelling unit; B. Where some or all of the occupants are unrelated by blood, marriage, or adoption, the total number of occupants that are unrelated, shall not exceed six. In applying this provision, children who are under the age of 23 and who are children of the owner or a person renting an entire dwelling unit from the owner shall be counted as a single occupant. In addition, in all cases, the limitation set out in subsection C. below shall apply. C. Where a reasonable accommodation has been approved. D. The presence of household employees or children in foster care shall not disqualify any premises otherwise satisfying the above rules. as defined in this Ordinance, and where bathrooms may be shared but the common spaces and kitchen are shared. No individually leased rooms maintain separate cooking facilities. This definition does not include a fraternity or sorority, or a hotel, bed and breakfast A state-regulated facility for overnight accommodations as defined under NCGS § 130A-247. inn, or other overnight accommodation.

Collocation:

The placement or installation of wireless facilities Also known as “transmission equipment,” it is the set of equipment and network components including antennas, transmitters, receivers, power supplies, cabling, and associated equipment necessary to provide wireless data and wireless telecommunications services; but exclusive of the underlying structure or tower, as described in the FCC Report and Order FCC14-153, as amended. on existing structures including electrical transmission towers, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities Also known as “transmission equipment,” it is the set of equipment and network components including antennas, transmitters, receivers, power supplies, cabling, and associated equipment necessary to provide wireless data and wireless telecommunications services; but exclusive of the underlying structure or tower, as described in the FCC Report and Order FCC14-153, as amended. in compliance with applicable codes.

Columbarium:

Commercial Dormitory:

Commercial Speech:

Any expression related solely to the economic interests of the speaker and its audience, or as otherwise defined by a court of competent jurisdiction.

Committed Elements:

See Elements, Commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements.".

Commitments:

Elements submitted as part of a development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. associated with a zoning map change, which are binding and establish the level of development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements Elements, Commitments.."

Common Signage Plan:

A plan delineating unifying characteristics for signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. associated with a development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. project or complex.

Completion of Construction or Development:

No further land-disturbing activity is required on a phase of a project except that which is necessary for establishing a permanent ground cover Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion..

Comprehensive Plan:

The overall development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. for the community which has been officially adopted to provide long-range development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets.; circulation; and community facilities, utilities and services.

Conditional Letter of Map Revision (CLOMR):

A formal review and comment issued by the Federal Emergency Management Agency A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc. as to whether a proposed project complies with the minimum NFIP floodplain management criteria, and direction on revisions that will need to be made to the NFIP maps and/or study upon completion of the project.

Condominium:

A form of property ownership whereby the owner Any person having charge of any real property according to the records held by the Register of Deeds. gains ownership of an interior space within a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable.. The building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., the land under the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable., and all of the surrounding land is commonly owned by all the inhabitants on a proportional basis.

Conference center-

Congregate Living Facility:

A residential use which undertakes, for a period exceeding 24 hours, care, housing, food service and one or more personal Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. services for persons Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. not related to the owner Any person having charge of any real property according to the records held by the Register of Deeds. or administrator.

Contractors:

Individuals or firms engaged in the construction of buildings, either residences or commercial structures, as well as activities such as paving, highway construction, and utility construction.

Convalescent Center or Nursing House:

A facility that provides nursing services and custodial care on a 24 hour basis for three or more unrelated individuals who for reasons of illness, physical infirmity, or advanced age require such services.

Convenience-Oriented Use:

An establishment that provides frequently or recurrently needed items for household use.

Convenience Store:

A retail store with a floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. of less than 5,000 square feet that sells groceries and may also sell gasoline but not including vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. service stations (limited or full).

Corner Tower Element:

A corner tower element A corner tower element is an accentuated vertical element located on a building corner at a street intersection allowed to be taller than the rest of the building. is an accentuated vertical element located on a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. corner at a street intersection allowed to be taller than the rest of the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable..

Correctional Facilities:

Publicly or privately operated facilities housing persons Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. awaiting trial or persons Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. serving a sentence after being found guilty of a criminal offense.

Crop:

Cultivated plants or agricultural produce A person or entity that makes a food or beverage, raises or produces farm products, or creates value-added farm products from farm products raised or produced on land that the person or entity farms., such as but not limited to grain, vegetables, or fruit.

Cul-de-sac:

A short street having only one end open to traffic and the other being permanently terminated with a vehicular turn-around provided.

Current Conditions Hydrology:

The flood discharges associated with the land-use conditions existing within the drainage area of a watercourse A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. at the time a flood study of the watercourse A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. was conducted. Current conditions flood discharges and historical flood study information are published in the Flood Insurance The insurance coverage provided under the National Flood Insurance Program. Study.

D Definitions

Date of Approval:

The date of approving authority action.

Day-Night Average Sound Level:

The average noise level over a 24-hour period, weighted by 10 dB between the hours of 10 p.m. and 7 a.m.

Day Treatment Facility:

A facility licensed through the NC Department of Health and Human Services, Division of Medical Assistance, which provides supplemental therapeutic or clinical Establishments where humans receive treatment of illnesses or pregnancy, or examinations by a doctor, dentist, optician, psychologist, or other similar medical professional on an out-patient basis. services coordinated with academic and/or vocational services for adults, children, or adolescents with mental health or substance abuse treatment needs, and their families One or more individuals residing in a dwelling unit, living as a single housekeeping unit, and complying with the following rules: A. Any number of individuals related by blood, marriage, or adoption may occupy a dwelling unit; B. Where some or all of the occupants are unrelated by blood, marriage, or adoption, the total number of occupants that are unrelated, shall not exceed six. In applying this provision, children who are under the age of 23 and who are children of the owner or a person renting an entire dwelling unit from the owner shall be counted as a single occupant. In addition, in all cases, the limitation set out in subsection C. below shall apply. C. Where a reasonable accommodation has been approved. D. The presence of household employees or children in foster care shall not disqualify any premises otherwise satisfying the above rules.. No overnight accommodations are provided.

Dedication:

The transfer without payment of ownership or other interest in real property from a private entity to a public agency A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc..

Density:

The number of dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. per gross acre, excluding accessory residences or dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation., or any other exclusion within this Ordinance.

Developer:

Pursuant to NCGS 160D-102, a person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity., including a governmental agency A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc. or redevelopment authority, who undertakes any development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. and who is the landowner of the property to be developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. or who has been authorized by the landowner to undertake development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. on that property.

Development:

Pursuant to NCGS 160D-102, any of the following:

a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways..

b. The excavation, grading A land disturbing activity that modifies the contours of the land., filling, clearing, or alteration of land.

c. The subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. of land as defined in G.S. 160D-802.

d. The initiation or substantial change In regards to wireless communication facilities, a modification that substantially changes the physical dimensions of an existing tower or base station if it meets any of the criteria detailed in the FCC Report and Order FCC14-153, or as amended. in the use of land or the intensity of use of land.

Development Plan:

A type of plan that becomes part of the zoning of a property that establishes the level of development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. allowed absent further zoning action except as otherwise allowed or required under this Ordinance.

Diameter at Breast Height (dbh):

The diameter of a tree measured four and one-half feet above the ground.

Diet House or Diet Facility:

A facility housing a dietary treatment program supervised by trained professionals which can also contain temporary living quarters for clients.

Discharge Point:

That point at which runoff Water from precipitation that flows off a property. leaves a tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. of land.

Disposal:

When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, is defined as in NCGS 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. into or on any land or water so that the solid waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. or any constituent part of the solid waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.

Distance Learning Center:

An educational facility where teaching and learning is specifically designed to be carried out remotely, typically by using electronic communication.

Drive-Through Facility:

An establishment that dispenses products or services to patrons who remain in vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere.. Fuel sales are not included.

Driveway:

A private roadway located on a parcel See “Lot of record.” or lot used for vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. access.

Drop-In/Short-Term Childcare Centers:

Retail businesses that provide care for individuals on an hourly basis, do not offer enrollment, and do not require child care licensing by the State.

Durham Inventory, Natural Inventory, or Inventory:

The Durham County Inventory See "Durham Inventory" of Important Natural Areas, Plants and Wildlife, which in the case of a conflict may be superseded or supplemented by more current information from the North Carolina Heritage Program as determined by the Planning Director. The Durham Inventory See "Durham Inventory" does not include the Durham Architectural and Historic Inventory See "Durham Inventory"; the Durham County Archaeological Inventory See "Durham Inventory"; the Durham County Inventory See "Durham Inventory" of Cultural and Natural Resources; or the Durham County and Durham ETA Inventories of Historic Sites, which are referenced separately in the Ordinance.

Dwelling Unit:

A single unit providing complete independent living facilities A facility consisting of a single building or group of buildings with one ownership and management in which the residents are persons at least 55 years of age, their spouses, and/or their surviving spouses, and with or without an on-site resident manager. Residents live in their own dwelling units. The facility maintains a common dining room and typically provides personal services such as transportation, banking, and/or a barber shop/hair salon; recreational activities and amenities; concierge services; and housekeeping for residents and their guests. Health maintenance services and/or treatment are not provided. for one or more persons Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity., including permanent provisions for living, sleeping, eating, cooking, and sanitation.

E Definitions

Easement:

A grant by a property owner Any person having charge of any real property according to the records held by the Register of Deeds. for use by the public, a corporation or persons Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. of an area of land for specific purposes.

Educational Facility ‐ Primary or Secondary School:

A facility that offers instruction at the elementary, middle, junior, or high school levels, including associated indoor or outdoor recreational facilities.

Educational Facility ‐ University or College:

A facility for post‐secondary higher learning that grants associate, bachelor, master, and/or doctoral degrees. Such facilities may include additional uses as part of the principal use such as research facilities, dormitories, cafeterias, restaurants An establishment primarily engaged in the retail sale of food, where the sale of alcoholic drinks, such as beer, ale, wine, and liquor may also occur as a secondary function. Food and alcoholic drinks are primarily consumed on the premises where sold or in a designated social district; however, the take‐out of food & drink may occur, including to patrons who remain in vehicles., retail sales, childcare facilities, indoor or outdoor recreational facilities, stadiums, and similar uses.

Educational Facility - Vocational, Trade, or Business:

An institution offering instruction beyond high school level with a course of study in vocational, technical or other special subjects.

Electronic Gaming Operation:

Any for-profit business or enterprise, whether as a principal or an accessory use, where persons Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. utilize electronic machines, including but not limited to computers and gaming terminals, to conduct games of chance, including but not limited to sweepstakes, and where cash, merchandise, or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is determined by electronic games played or by predetermined odds. Such businesses or enterprises have as a part of its operation the running of 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. The term electronic gaming operations Any for-profit business or enterprise, whether as a principal or an accessory use, where persons utilize electronic machines, including but not limited to computers and gaming terminals, to conduct games of chance, including but not limited to sweepstakes, and where cash, merchandise, or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is determined by electronic games played or by predetermined odds. Such businesses or enterprises have as a part of its operation the running of 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. The term electronic gaming operations includes, but is not limited to, cyber-gambling establishments, internet sweepstakes, video sweepstakes, or cybercafés, which have a finite pool of winners. This does not include any lottery endorsed or permitted by the State of North Carolina. includes, but is not limited to, cyber-gambling establishments, internet sweepstakes, video sweepstakes, or cybercafés, which have a finite pool of winners. This does not include any lottery endorsed or permitted by the State of North Carolina.

Elevated Building:

A non-basement building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable.: (a) built in a Special Flood Hazard Area to have the top of the elevated floor, above the ground by means of pilings, columns (posts or piers), shear walls parallel to the flow of water or adequately anchored so as not to impair the structural integrity of the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. during a flood up to the magnitude of the base flood The flood having a one percent chance of being equaled or exceeded in any given year based on current conditions hydrology.; or (b) elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.

Eligible Facility Request:

A request for modification of an existing tower or base station A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communication network. The term does not encompass a wireless support structure as defined in this section or any equipment associated with a tower. that involves collocation The placement or installation of wireless facilities on existing structures including electrical transmission towers, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes. of new transmission equipment, removal of transmission equipment, or replacement of transmission equipment but does not include a “substantial change In regards to wireless communication facilities, a modification that substantially changes the physical dimensions of an existing tower or base station if it meets any of the criteria detailed in the FCC Report and Order FCC14-153, or as amended.” of the facility pursuant to the qualifications detailed in the FCC Report and Order FCC14-153, or as amended; and complies with all applicable building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable., structural, electrical, and safety codes and with all other laws codifying objective standards reasonably related to health and safety.

Encroachment:

When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. into a floodplain, which may impede or alter the flow capacity of a floodplain.

Energy Dissipater:

Engineered Stormwater Control:

A structural BMP used to reduce pollution or peak flow rates to downstream properties and receiving waters in order to achieve water quality or water quantity control.

Erosion:

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

Erosion Control Plan:

A plan designed to control both erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin..

Event Venue:

A primarily indoor commercial multi-purpose venue facility designed primarily for hosting special events such as graduations, weddings, anniversaries, holiday gatherings, trade shows, corporate functions or meetings, and other similar functions. The facility may typically have a catering kitchen, indoor and outdoor seating, and a stage or event area. This definition does not include stadiums, arenas, or other similar outdoor venues.

Existing Conditions:

Conditions that exist at time of plan or plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. submittal.

Existing Manufactured Home Park or Manufactured Home Subdivision:

When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a manufactured home park A residential development under single ownership with sites for manufactured homes of Class A or B and various other facilities for the residents of the development. or subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading A land disturbing activity that modifies the contours of the land. or the pouring of concrete pads) was completed before the original adoption of flood damage protection ordinances which occurred in the City of Durham on October 18, 1971 and in Durham County on August 21, 1972.

Expressway:

The same attributes as a freeway A multi-lane, controlled access major road connecting this region, major activity centers or major roads with other regions, major activity centers or major roads. It is designed to accommodate large traffic volumes at high speeds. Such facilities may be part of the Interstate, Federal, or State primary highway system and are identified and further described on the adopted Comprehensive Transportation Plan, as amended. but with partial control of access and some limited driveways A private roadway located on a parcel or lot used for vehicle access.. Such facilities are identified and further described on the adopted Comprehensive Transportation Plan, as amended.

Extended Stay Residence:

An establishment containing 10 or more guest rooms A room or suite used as living accommodations for one or more paying visitors. that contain kitchen facilities or other home-like amenities not ordinarily provided in hotels or motels An establishment containing 10 or more guest rooms, for short term guests, and containing registration facilities, on-site management, cleaning services and combined utilities, except for an Extended Stay Residence or Facility., for overnight guests staying five or more consecutive nights, and providing on-site registration and management.

F Definitions

Fall Zone:

The area in which a wireless support structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. may be expected to fall in the event of a structural failure, as measured by engineering standards.

Family:

One or more individuals residing in a dwelling unit A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation., living as a single housekeeping unit, and complying with the following rules:

Any number of individuals related by blood, marriage, or adoption may occupy a dwelling unit A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.;
Where some or all of the occupants are unrelated by blood, marriage, or adoption, the total number of occupants that are unrelated, shall not exceed six. In applying this provision, children who are under the age of 23 and who are children of the owner Any person having charge of any real property according to the records held by the Register of Deeds. or a person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. renting an entire dwelling unit A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. from the owner Any person having charge of any real property according to the records held by the Register of Deeds. shall be counted as a single occupant. In addition, in all cases, the limitation set out in subsection C. below shall apply.
Where a reasonable accommodation has been approved.
The presence of household employees or children in foster care shall not disqualify any premises otherwise satisfying the above rules.

Family Care Home:

A residential facility as defined in NCGS § 160D-907.

Farm:

See: "Agricultural Uses Land used as pasture or in the commercial production of crops, forestry, horticultural products, fish hatcheries or aquaculture, and the keeping of livestock for commercial or noncommercial purposes. Also included in this definition of agricultural uses are agricultural accessory buildings and sales of farm products grown or produced on the premises. This definition does not include domesticated chickens allowed pursuant to Sec. 5.4, Accessory Uses and Structures, the commercial slaughtering of animals for marketing, and farm tenant dwellings."

Farm Products:

Includes, but is not limited to, fruits, vegetables, mushrooms, herbs, grains, legumes, nuts, shell eggs, honey or other bee products, flowers, nursery stock, livestock Livestock includes but is not limited to poultry and hoofed animals such as cattle, horses, goats, sheep and swine; however, swine commonly referred to as Miniature, Vietnamese or Oriental Pot-Bellied pigs (Sus scroda vittatus) shall not be considered livestock if the animals are no more than 18 inches in height, the owner has proof of registry with the International Potbellied Pig Registry (IPPR), and no more than two are kept at any household. food products (including meat and milk), and seafood.

Farmers’ Market:

A market open to the public where all products sold are farm products Includes, but is not limited to, fruits, vegetables, mushrooms, herbs, grains, legumes, nuts, shell eggs, honey or other bee products, flowers, nursery stock, livestock food products (including meat and milk), and seafood., value-added farm products Any product processed by a producer from a farm product, such as, but not limited to, baked goods, jams, jellies, canned vegetables, dried fruit, syrups, salsa, salad dressings, flours, coffee, smoked or canned meat or fish, sausages, yogurt, cheese, or prepared foods., or a food or beverage product, and where the booths are operated by producers A person or entity that makes a food or beverage, raises or produces farm products, or creates value-added farm products from farm products raised or produced on land that the person or entity farms..

Feed Lines:

Cables used as the interconnecting media between a transmission/receiving base station A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communication network. The term does not encompass a wireless support structure as defined in this section or any equipment associated with a tower. and an antenna Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas..

Fenestration:

The design and arrangement of windows and other exterior glazed The portion of the building façade or external materials which are composed of glass or similar material. Glazing calculations include the glass used in the doors and windows of the building. openings of a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable..

Final Plat:

The final map of all or a portion of a subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. which is presented for final approval.

Firing Range:

A property prepared, equipped and delineated for the purpose of shooting at targets by rifles [excluding air rifles], pistols, shot guns or archery. Excluded from this definition are residential sites and properties with hunting leases.

Flex Space:

Buildings designed and marketed as multipurpose facilities with at least 10,000 square feet of leasable space providing opportunities for a mix of office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products., showroom, distribution, and/or laboratory A place where scientific studies are conducted, including testing, research, or analysis of a medical, chemical, physical, biological, mechanical, or electronic nature. space. Facilities tend to be single-story.

Flood or Flooding:

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

1. The overflow of inland waters; and/or

2. The unusual and rapid accumulation of runoff Water from precipitation that flows off a property. of surface waters from any source.

Flood Insurance:

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

Flood Insurance Rate Map (FIRM):

An official map on which the Federal Emergency Management Agency A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc. has delineated the areas of special flood hazard, the Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas and the risk premium zones.

Flood Insurance Study (FIS):

A report that includes an examination, evaluation, and determination of flood hazards, corresponding water surface elevations (if appropriate), flood hazard risk zones, and other flood data in a community issued by the Federal Emergency Management Agency A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc.. The Flood Insurance The insurance coverage provided under the National Flood Insurance Program. Study report includes Flood Insurance The insurance coverage provided under the National Flood Insurance Program. Rate Maps (FIRMs.)

Flood Zone:

A geographical area shown on a Flood Hazard Boundary Map or Flood Insurance The insurance coverage provided under the National Flood Insurance Program. Rate Map that reflects the severity or type of flooding in the area.

Floodplain (or Flood Prone Area):

Any land area susceptible to being inundated by water from any source.

Floodplain Administrator:

The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. pursuant to paragraph 3.21.2, Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator..

Floodplain Development Permit:

means any type of permit that is required in conformance with the provisions of this ordinance, prior to the commencement of any development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. activity.

Floodplain Management:

means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. plans.

Floodplain Management Regulations:

means this ordinance and other zoning ordinances, subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. regulations, building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. codes, health regulations, special purpose ordinances, and other applications of police power which control development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in flood-prone areas. This term describes federal, state or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage.

Floodproofing:

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

Floodway:

The channel of a river or other watercourse A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. and the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. land areas that must be reserved The withholding by a private entity of specific real estate from development pending acquisition by a public agency. in order to discharge the Base Flood The flood having a one percent chance of being equaled or exceeded in any given year based on current conditions hydrology. without cumulatively increasing the water surface elevation more than one (1) foot.

Floodway Fringe:

The portion of the Special Flood Hazard Area that is outside of the Floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one (1) foot..

Floor Area:

Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements.

Floor Area Ratio (FAR):

The ratio of building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. area to parcel See “Lot of record.” area.

Forecourt:

The area between the streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. and the façade of a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable., as prescribed for the Forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. Frontage Type.

Forestry:

The act of growing trees, harvesting timber or replanting trees in accordance with a management plan endorsed by the NC Division of Forest Resources.

Freeboard:

The height added to the Base Flood Elevation (BFE) The water surface elevations for the Base Flood as published in the Flood Insurance Study. When the BFE has not been provided in a Special Flood Hazard Area, it may be obtained from engineering studies available from a Federal, State, or other source using FEMA-approved engineering methodologies. This elevation, when combined with the Freeboard, establishes the Regulatory Flood Protection Elevation in Special Flood Hazard Areas. or the future conditions flood elevation A determination of the water surface elevations of the one percent (1%) annual chance flood based on future conditions hydrology as published in the Flood Insurance Study. This elevation, when combined with the freeboard, establishes the “Regulatory Flood Protection Elevation” in Future Conditions Flood Hazard Areas. to account for watershed All of the land area draining to a particular point on a water course or to a water body. development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. as well as limitations of the engineering methodologies for the determination of flood elevations. The Base Flood The flood having a one percent chance of being equaled or exceeded in any given year based on current conditions hydrology. Elevation plus the freeboard The height added to the Base Flood Elevation (BFE) or the future conditions flood elevation to account for watershed development as well as limitations of the engineering methodologies for the determination of flood elevations. The Base Flood Elevation plus the freeboard establishes the “Regulatory Flood Protection Elevation.” establishes the “Regulatory Flood Protection Elevation The elevation above mean sea level to which the reference level of all structures and other development located within Special Flood Hazard Areas and Future Conditions Flood Hazard Areas must be protected. 1. In Special Flood Hazard Areas where Base Flood Elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet of freeboard. 2. In Special Flood Hazard Areas where no BFE has been established, this elevation shall be at least five feet above the highest adjacent grade. 3. In Future Conditions Flood Hazard Areas this elevation shall be the Future Conditions Flood Elevation plus two feet of freeboard..”

Freeway:

A multi-lane, controlled access major road See “Street, Public” and “Street, Private.” connecting this region, major activity centers or major roads See “Street, Public” and “Street, Private.” with other regions, major activity centers or major roads See “Street, Public” and “Street, Private.”. It is designed to accommodate large traffic volumes at high speeds. Such facilities may be part of the Interstate, Federal, or State primary highway system and are identified and further described on the adopted Comprehensive Transportation Plan, as amended.

Frontage, Street:

The dimension of a property that is adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a street.

Future Conditions Flood:

The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology The flood discharges associated with projected land-use conditions based on Durham City’s and County’s zoning maps or comprehensive land-use plans and without consideration of projected future construction of flood detention structures or projected future hydraulic modifications within a stream or other waterway such as bridge and culvert construction, fill, and excavation. Future conditions flood discharges are published in the Flood Insurance Study..

Future Conditions Flood Elevation:

A determination of the water surface elevations of the one percent (1%) annual chance flood based on future conditions hydrology The flood discharges associated with projected land-use conditions based on Durham City’s and County’s zoning maps or comprehensive land-use plans and without consideration of projected future construction of flood detention structures or projected future hydraulic modifications within a stream or other waterway such as bridge and culvert construction, fill, and excavation. Future conditions flood discharges are published in the Flood Insurance Study. as published in the Flood Insurance The insurance coverage provided under the National Flood Insurance Program. Study. This elevation, when combined with the freeboard The height added to the Base Flood Elevation (BFE) or the future conditions flood elevation to account for watershed development as well as limitations of the engineering methodologies for the determination of flood elevations. The Base Flood Elevation plus the freeboard establishes the “Regulatory Flood Protection Elevation.”, establishes the “Regulatory Flood Protection Elevation The elevation above mean sea level to which the reference level of all structures and other development located within Special Flood Hazard Areas and Future Conditions Flood Hazard Areas must be protected. 1. In Special Flood Hazard Areas where Base Flood Elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet of freeboard. 2. In Special Flood Hazard Areas where no BFE has been established, this elevation shall be at least five feet above the highest adjacent grade. 3. In Future Conditions Flood Hazard Areas this elevation shall be the Future Conditions Flood Elevation plus two feet of freeboard.” in Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas.

Future Conditions Flood Hazard Area:

The land area that would be inundated by the one percent (1%) annual chance flood based on future conditions hydrology The flood discharges associated with projected land-use conditions based on Durham City’s and County’s zoning maps or comprehensive land-use plans and without consideration of projected future construction of flood detention structures or projected future hydraulic modifications within a stream or other waterway such as bridge and culvert construction, fill, and excavation. Future conditions flood discharges are published in the Flood Insurance Study. as determined in paragraph 8.4.2, Applicability, of this ordinance.

Future Conditions Hydrology:

The flood discharges associated with projected land-use conditions based on Durham City’s and County’s zoning maps or comprehensive land-use plans and without consideration of projected future construction of flood detention structures or projected future hydraulic modifications within a stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. or other waterway such as bridge and culvert construction, fill, and excavation. Future conditions flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. discharges are published in the Flood Insurance The insurance coverage provided under the National Flood Insurance Program. Study.

G Definitions

Geographic Search Ring:

The area within which a wireless support structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. or wireless facility Also known as “transmission equipment,” it is the set of equipment and network components including antennas, transmitters, receivers, power supplies, cabling, and associated equipment necessary to provide wireless data and wireless telecommunications services; but exclusive of the underlying structure or tower, as described in the FCC Report and Order FCC14-153, as amended. must be located in order to meet service objectives of the wireless service provider using the wireless facility Also known as “transmission equipment,” it is the set of equipment and network components including antennas, transmitters, receivers, power supplies, cabling, and associated equipment necessary to provide wireless data and wireless telecommunications services; but exclusive of the underlying structure or tower, as described in the FCC Report and Order FCC14-153, as amended. or wireless support structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways..

Glazing:

The portion of the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. façade or external materials which are composed of glass or similar material. Glazing The portion of the building façade or external materials which are composed of glass or similar material. Glazing calculations include the glass used in the doors and windows of the building. calculations include the glass used in the doors and windows of the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable..

Golf Course:

An area laid out for playing golf, which can include some or all of the following accessory facilities: clubhouses, putting greens, swimming and tennis facilities, concessions for food and supplies. Driving ranges can also be included, unless specifically excluded by provisions of this Ordinance. This definition does not include Par 3 or miniature golf.

Grading:

A land disturbing activity Any use of land by any person in residential, industrial, educational, institutional or commercial development, and in highway and road construction and maintenance, that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. This includes borrow and waste disposal activity not regulated by the provisions of the Mining Act of 1971 or the Department of Health and Human Resources, Division of Health Services. Land disturbing activities over which the State has exclusive regulatory jurisdiction as provided in NCGS § 74-46 through 74-68, or NCGS § 113A-56 (a) shall not be included in this definition. that modifies the contours of the land.

Grandfathering: An exemption based on previously existing circumstances.

Green Building Certification:

One of the following certifications: any level of Leadership in Energy and Environmental Design (LEED) certification; Energy Star certification; SystemVision standard; Living Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Challenge standard; Home Energy Rating System HERS Index Score of 50 or lower; Passive House certification; or National Green Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Standard certified.

Green Roof:

A vegetated roof treatment that has a layer of soil and a drainage system and is planted with vegetation.

Gross Vehicle Weight (GVW):

The weight of a vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. and its equipment with a full tank of fuel, a full maximum load of cargo, and passengers.

Ground Cover:

Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof..

Ground Floor:

Also referred to as “ground level” or “street level,” the floor of a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. whose finished floor elevation (FFE) is closest to the grade A land disturbing activity that modifies the contours of the land. of the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. street, allowing for articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety. to accommodate changes in grade A land disturbing activity that modifies the contours of the land..

Group Home:

A dwelling that provides room and board for more than six, but less than 13 individuals who as a result of age, illness, handicap or some specialized program, require personalized Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. services or a supervised living arrangement in order to assure their safety and comfort. Additional requirements may be imposed by the North Carolina Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Code.

Guest Room:

A room or suite used as living accommodations for one or more paying visitors.

Guyed:

A style of antenna-supporting structure A vertical projection composed of metal or other substance with or without a foundation that is for the express purpose of accommodating antennas at a desired height above grade. Antenna-supporting structures do not include any device used to attach antennas to an existing building, unless the device extends above the highest point of the building by more than 20 feet. A wireless support structure is defined separately within this section. consisting of a single truss assembly composed of sections with bracing incorporated. The sections are attached to each other, and the assembly is attached to a foundation and supported by a series of guy wires that are connected to anchors placed in the ground or on a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable..

H Definitions

Handoff Candidate:

A wireless facility Also known as “transmission equipment,” it is the set of equipment and network components including antennas, transmitters, receivers, power supplies, cabling, and associated equipment necessary to provide wireless data and wireless telecommunications services; but exclusive of the underlying structure or tower, as described in the FCC Report and Order FCC14-153, as amended. that receives call transference from another particular wireless facility Also known as “transmission equipment,” it is the set of equipment and network components including antennas, transmitters, receivers, power supplies, cabling, and associated equipment necessary to provide wireless data and wireless telecommunications services; but exclusive of the underlying structure or tower, as described in the FCC Report and Order FCC14-153, as amended., usually located in an adjacent Property abutting directly on the boundary of, touching, or sharing a common point. first "tier" surrounding the initial wireless facility Also known as “transmission equipment,” it is the set of equipment and network components including antennas, transmitters, receivers, power supplies, cabling, and associated equipment necessary to provide wireless data and wireless telecommunications services; but exclusive of the underlying structure or tower, as described in the FCC Report and Order FCC14-153, as amended..

Hazardous Material:

Hazardous Waste Facility:

means, as defined in NCGS Article 9 of Chapter 130A, a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, is defined as in NCGS 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters. of hazardous waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations..

Heavy Equipment:

Vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. such as buses, tow trucks, furniture trucks, fuel trucks, refrigerated trucks, dump trucks, or cement mixers; vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. with a Class of 7 or above that would typically have a Gross Vehicle Weight (GVW) The weight of a vehicle and its equipment with a full tank of fuel, a full maximum load of cargo, and passengers. of at least 13 tons, or any construction equipment, or, within City limits, any farm Land used as pasture or in the commercial production of crops, forestry, horticultural products, fish hatcheries or aquaculture, and the keeping of livestock for commercial or noncommercial purposes. Also included in this definition of agricultural uses are agricultural accessory buildings and sales of farm products grown or produced on the premises. This definition does not include domesticated chickens allowed pursuant to Sec. 5.4, Accessory Uses and Structures, the commercial slaughtering of animals for marketing, and farm tenant dwellings. equipment (except in the RS-20 or RR districts).

Heliport:

An area of land, water, or structural surface designed, used, or intended to be used for landing or takeoff of passengers or cargo from or by helicopters, plus accessory buildings and uses.

Helistop:

An area of land, water, or structural surface designed, used, or intended to be used for landing or takeoff of passengers or cargo from or by helicopters, without any appurtenant area, facility, structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. or building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. designed, used, or intended for use in the operation or maintenance of the helistop An area of land, water, or structural surface designed, used, or intended to be used for landing or takeoff of passengers or cargo from or by helicopters, without any appurtenant area, facility, structure or building designed, used, or intended for use in the operation or maintenance of the helistop or in the service or maintenance of helicopters. or in the service or maintenance of helicopters.

High Density Option:

One of two approaches available for development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in Watershed All of the land area draining to a particular point on a water course or to a water body. Protection Overlays. The high density option One of two approaches available for development in Watershed Protection Overlays. The high density option relies on impervious surface limits and engineered stormwater controls to minimize risk of water pollution. relies on impervious surface A surface composed of any material that impedes or prevents natural infiltration of water into the soil and qualifies as “built-upon area” as defined by NCGS 143-214.7, as amended. limits and engineered stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. controls to minimize risk of water pollution.

High Quality Water (HQW) Zones:

Areas in the coastal counties that are within 575 feet of high quality waters Those classified as such in Title 15A NCAC 2B.0101(e)(5) general procedures, which is incorporated herein by reference to include further amendments pursuant to NCGS § 150b-14(c). and, for the remainder of the state, areas that are within one mile and drain to HQWs.

High Quality Waters:

Those classified as such in Title 15A NCAC 2B.0101(e)(5) general procedures, which is incorporated herein by reference to include further amendments pursuant to NCGS § 150b-14(c).

Highest Adjacent Grade:

The highest natural elevation of the ground surface, prior to construction next to the proposed walls of the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways..

Historic Structure:

Any structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. that is: (a) listed individually in the National Register of Historic Places (a listing maintained by the US Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register; (b) certified or preliminarily determined by the Secretary of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) individually listed on a local inventory of historic landmarks in communities with a “Certified Local Government (CLG) Program”; or (d) certified as contributing to the historical significance of a historic district designated by a community with a “Certified Local Government (CLG) Program.” Certified Local Government (CLG) Programs are approved by the US Department of the Interior in cooperation with the North Carolina Department of Natural and Cultural Resources through the State Historic Preservation Officer A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. as having met the requirements of the National Historic Preservation Act of 1966 as amended in 1980.

Home Occupation:

Any occupation conducted by the inhabitants of the dwelling, which is secondary to the main use as a dwelling, and causes no change in the exterior of the dwelling.

Hospital:

An institution providing human health services primarily for in-patient medical and surgical care for the physically or mentally sick and injured and including related support facilities such as laboratories A place where scientific studies are conducted, including testing, research, or analysis of a medical, chemical, physical, biological, mechanical, or electronic nature., out-patient departments, staff offices A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products., food services, and gift shop.

Hotel or Motel:

An establishment containing 10 or more guest rooms A room or suite used as living accommodations for one or more paying visitors., for short term guests, and containing registration facilities, on-site management, cleaning services and combined utilities, except for an Extended Stay Residence An establishment containing 10 or more guest rooms that contain kitchen facilities or other home-like amenities not ordinarily provided in hotels or motels, for overnight guests staying five or more consecutive nights, and providing on-site registration and management. or Facility.

I Definitions

Impervious Surfaces:

A surface composed of any material that impedes or prevents natural infiltration of water into the soil and qualifies as “built-upon area” as defined by NCGS 143-214.7, as amended.

Independent Living Facility:

A facility consisting of a single building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or group of buildings with one ownership and management in which the residents are persons Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. at least 55 years of age, their spouses, and/or their surviving spouses, and with or without an on-site resident manager. Residents live in their own dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.. The facility maintains a common dining room and typically provides personal Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. services such as transportation, banking, and/or a barber shop/hair salon; recreational activities and amenities; concierge services; and housekeeping for residents and their guests. Health maintenance services and/or treatment are not provided.

Initial Zoning Map Change:

A zoning map change that establishes the City’s zoning authority over newly annexed territory, per NC General Statute 160D-202(g), or establishes the County’s zoning authority over newly relinquished territory, per NC General Statute 160D-202(h).

Intermodulation Distortion:

The preventable and avoidable results of the mixture of two certain and specific radio frequencies (3rd Order); or more certain or specific radio frequencies (5th Order), that creates at least one other unwanted, undesirable, and interfering radio frequency (3rd Order), or multiple other unwanted, undesirable, and interfering radio frequency signals (5th Order).

Internal Campus:

All areas within the UC and UC-2 Districts that are not included within a transitional use area.

Inventory:

See Durham Inventory See "Durham Inventory".

J Definitions

Junk Vehicle:

Junk Yard:

An establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, or waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations., or for operation and maintenance of a place of business for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. or motor parts.

K Definitions

Kennel:

An establishment engaged in boarding, breeding, buying, selling, grooming or training of pet animals.

L Definitions

Laboratory:

A place where scientific studies are conducted, including testing, research, or analysis of a medical, chemical, physical, biological, mechanical, or electronic nature.

Lake or Natural Watercourse:

Any stream A body of concentrated flowing water in a natural low area or natural channel on the land surface., river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary and any reservoir, lake or pond, natural or impounded, in which sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. may be moved or carried in suspension, and which could be damaged by accumulation of sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin..

Land Disturbing Activity:

Any use of land by any person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. in residential, industrial, educational, institutional or commercial development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., and in highway and road See “Street, Public” and “Street, Private.” construction and maintenance, that results in a change in the natural cover or topography and that may cause or contribute to sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin.. This includes borrow Fill material which is required for on-site construction and is obtained from other locations. and waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. disposal When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, is defined as in NCGS 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters. activity not regulated by the provisions of the Mining The development or extraction of a mineral from its natural occurrences on affected land. Act of 1971 or the Department of Health and Human Resources, Division of Health Services. Land disturbing activities Any use of land by any person in residential, industrial, educational, institutional or commercial development, and in highway and road construction and maintenance, that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. This includes borrow and waste disposal activity not regulated by the provisions of the Mining Act of 1971 or the Department of Health and Human Resources, Division of Health Services. Land disturbing activities over which the State has exclusive regulatory jurisdiction as provided in NCGS § 74-46 through 74-68, or NCGS § 113A-56 (a) shall not be included in this definition. over which the State has exclusive regulatory jurisdiction as provided in NCGS § 74-46 through 74-68, or NCGS § 113A-56 (a) shall not be included in this definition.

Landfill, Demolition:

A facility for disposing of stumps, limbs, leaves, concrete, brick, wood, uncontaminated earth and other solid wastes As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. resulting from construction, demolition or land clearing.

Landfill, Sanitary:

A facility where waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. material and refuse is placed in the ground in layers and covered with earth or some other suitable material each work day Days exclusive of Saturday, Sunday and (a) when used other than in reference to Sec. 3.8, Sedimentation and Erosion Control, and Sec. 12.10, Sedimentation and Erosion Control, legal holidays recognized by the City or County; or (b) when used in reference to Section 3.8 and 12.10, days during which weather conditions or soil conditions permit land-disturbing activity to be undertaken, as determined by the sedimentation and erosion control officer, or their designee, except where the context clearly indicates otherwise..

Lattice:

A tapered style of antenna-supporting structure A vertical projection composed of metal or other substance with or without a foundation that is for the express purpose of accommodating antennas at a desired height above grade. Antenna-supporting structures do not include any device used to attach antennas to an existing building, unless the device extends above the highest point of the building by more than 20 feet. A wireless support structure is defined separately within this section. that consists of vertical and horizontal supports with multiple legs and cross-bracing, and metal crossed strips or bars See “Nightclub” to support antennas Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas..

Letter of Map Amendment (LOMA):

An official determination by FEMA that a property has been inadvertently included in a Special Flood Hazard Area as shown on an effective FIRM and is not subject to inundation by the one percent annual chance flood. Generally, the property is located on natural high ground at or above the BFE or on fill placed prior to the effective date of the first NFIP map designating the property as within a Special Flood Hazard Area. Limitations of map scale and development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. of topographic data more accurately reflecting the existing ground elevation at the time the maps were prepared are the two most common bases for LOMA requests.

Letter of Map Change (LOMC):

A term used to inclusively define a FEMA issued letter related to a Flood Insurance The insurance coverage provided under the National Flood Insurance Program. Rate Map or Flood Hazard Boundary Map using one or more of the following processes: Letter of Map Amendment, Letter of Map Revision, as well as conditional Letter of Map Amendment and conditional Letter of Map Revision.

Letter of Map Revision (LOMR):

A letter issued by the Federal Emergency Management Agency A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc. that confirms amendment of a special flood hard area boundary.

Level of Service:

A measure of capacity per unit of demand for a public service or facility. An indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility.

Livestock:

Livestock Livestock includes but is not limited to poultry and hoofed animals such as cattle, horses, goats, sheep and swine; however, swine commonly referred to as Miniature, Vietnamese or Oriental Pot-Bellied pigs (Sus scroda vittatus) shall not be considered livestock if the animals are no more than 18 inches in height, the owner has proof of registry with the International Potbellied Pig Registry (IPPR), and no more than two are kept at any household. includes but is not limited to poultry and hoofed animals such as cattle, horses, goats, sheep and swine; however, swine commonly referred to as Miniature, Vietnamese or Oriental The directional placement of a structure or element in relation to its surroundings, the street and other structures. Pot-Bellied pigs (Sus scroda vittatus) shall not be considered livestock Livestock includes but is not limited to poultry and hoofed animals such as cattle, horses, goats, sheep and swine; however, swine commonly referred to as Miniature, Vietnamese or Oriental Pot-Bellied pigs (Sus scroda vittatus) shall not be considered livestock if the animals are no more than 18 inches in height, the owner has proof of registry with the International Potbellied Pig Registry (IPPR), and no more than two are kept at any household. if the animals are no more than 18 inches in height, the owner Any person having charge of any real property according to the records held by the Register of Deeds. has proof of registry with the International Potbellied Pig Registry (IPPR), and no more than two are kept at any household.

Loading Area:

A space used to transfer goods and material between vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. and a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or lot.

Local Street:

Streets less than one mile in length that do not connect thoroughfares, or major traffic generators, and typically do not collect traffic from more than 100 dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.; or loop streets less than 2,500 feet in length.

Lot, Corner:

A lot abutting two or more streets at their intersection.

Lot, Double-Frontage:

A lot, other than a corner lot, with frontage on more than one street.

Lot, Flag:

A lot with two distinct parts:
1. The flag, which is the only building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. site; meets the lot width The distance between the side lot lines, measured along a straight line parallel to the front property line or parallel to the chord of the front property line at the street yard setback line or at the building line on flag lots or gore shape lots. requirement of the zoning district; and is located behind another lot; and
2. The pole, which connects the flag to the street; provides the only street frontage The boundary of a property adjacent to one side of a street. and access for the lot; and at any point is less than the minimum lot width The distance between the side lot lines, measured along a straight line parallel to the front property line or parallel to the chord of the front property line at the street yard setback line or at the building line on flag lots or gore shape lots. for the zone.
A lot when, as a result of an approved and recorded street closing or withdrawal, the only street frontage The boundary of a property adjacent to one side of a street. and access to the lot is less than the minimum lot width The distance between the side lot lines, measured along a straight line parallel to the front property line or parallel to the chord of the front property line at the street yard setback line or at the building line on flag lots or gore shape lots., in which case the “pole” shall be considered the width of frontage along the street.

Lot Area:

The total area within the lot lines of a platted A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. lot.

Lot of Record:

Also called “lot” or “parcel See “Lot of record.””, a parcel See “Lot of record.” of land described by metes and bounds, or otherwise delineated by property boundary dimensions, on a plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. recorded in the office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. of the appropriate Register of Deeds.

Lot, Through:

See “Lot Double-Frontage A lot, other than a corner lot, with frontage on more than one street.e.”

Lot Width:

The distance between the side lot lines, measured along a straight line parallel to the front property line or parallel to the chord of the front property line at the street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. line or at the building line The primary edge of a building closest to the street, side, and rear property lines, and extending from the physical edge of the building. on flag lots or gore shape lots.

Low Density Option:

Lowest Adjacent Grade (LAG):

means the elevation of the ground, sidewalk or patio slab immediately next to the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable., or deck support, after completion of the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable..

Lowest Floor:

The lowest floor The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building's lowest floor provided that such an enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance. of the lowest enclosed area (including basement The lowest level or story which has its floor sub-grade on at least three sides.). An unfinished or flood resistant enclosure, usable solely for parking of vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere., building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. access, or storage in an area other than a basement The lowest level or story which has its floor sub-grade on at least three sides. area is not considered a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable.'s lowest floor The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building's lowest floor provided that such an enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance. provided that such an enclosure is not built so as to render the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. in violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of the applicable non-elevation design requirements of this ordinance.

M Definitions

Mailed Notice:

Either surface mail or e-mail, unless one is explicitly directed.

Major Local Street:

Streets less than one mile in length that do not connect thoroughfares or major traffic generators that typically do not collect traffic from more than 250 dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.; or a loop street less than 2,500 feet in length.

Manufactured Home (Class A, B, C):

A residential unit that is not constructed in accordance with the standards set forth in the North Carolina State Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Code and is composed of one or more components, each of which was substantially assembled in a manufacturing plant designed to be transported to a site on its own chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. Within the text of this Ordinance, the term “manufactured home” shall only apply to Class A or B manufactured homes unless explicitly stated to include Class C manufactured homes. Class A and Class B are manufactured homes constructed after July 1, 1976 that meet or exceed the construction standards promulgated by the US Department of Housing and Urban Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. that were in effect at the time of construction. Class C manufactured homes are manufactured homes that do not meet the definition of a Class A or Class B manufactured home. The term “manufactured home” does not include “recreational vehicles A vehicle, which is: (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use..”

Manufactured Home Park:

A residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. under single ownership with sites for manufactured homes of Class A or B and various other facilities for the residents of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

Manufactured Home Park or Manufactured Home Subdivision:

When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a parcel See “Lot of record.” (or contiguous parcels See “Lot of record.”) of land divided into two or more manufactured home lots for rent or sale.

Marina:

A dock or basin providing securing moorings for boats and supplies, boat repair or other facilities.

Market Value:

The building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. value, not including the land value and that of any accessory structures or other improvements on the lot. Market value The building value, not including the land value and that of any accessory structures or other improvements on the lot. Market value can be established by independent certified appraisal; replacement cost depreciated for age of building and quality of construction (Actual Cash Value); or adjusted tax assessed values. can be established by independent certified appraisal; replacement cost depreciated for age of building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. and quality of construction (Actual Cash Value); or adjusted tax assessed values.

Marquee:

A permanent canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. projecting over an entrance.

Mass Grading:

The grading A land disturbing activity that modifies the contours of the land. of four acres or more at one time to prepare one or more lot(s) for construction. The phasing or staged grading A land disturbing activity that modifies the contours of the land. of a project resulting in less than four acres in any given phase or stage shall not exclude the project from this definition.

Massage Therapy Business:

A business where all therapists maintain a valid license to practice massage therapy, as required pursuant to NCGS Chapter 90, Article 36, Massage and Bodywork Therapy Practice.

Mausoleum:

A building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. with places for entombment of the dead above ground.

Mean Sea Level:

The National Geodetic Vertical Datum (NGVD) as corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988 or other vertical control datum used as a reference for establishing varying elevations within the floodplain, to which Base Flood The flood having a one percent chance of being equaled or exceeded in any given year based on current conditions hydrology. Elevations (BFEs) shown on a FIRM are referenced. Refer to each FIRM panel to determine datum used.

Microbrewery:

A brewery A brewery that produces 15,000 or more US beer barrels (460,000 US gallons) per year. that produces A person or entity that makes a food or beverage, raises or produces farm products, or creates value-added farm products from farm products raised or produced on land that the person or entity farms. less than 15,000 US barrels (460,000 US gallons) per year.

Micro-distillery:

A distillery that produces A person or entity that makes a food or beverage, raises or produces farm products, or creates value-added farm products from farm products raised or produced on land that the person or entity farms. no more than 50,000 US gallons per year. Other typical names include, but are not limited to, “craft distillery,” “small batch distillery,” and “artisan distillery.”

Mining:

The development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. or extraction of a mineral from its natural occurrences on affected land.

Mitigation (for wireless communications facilities):

Mixed Use:

A development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. that includes both residential and nonresidential uses as principal uses on the same development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. site. See paragraph 4.4.5 , Mixed Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land., and paragraph 6.11.7, Mixed Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. (MU).

Modular Unit or Modular House:

A factory-fabricated, transportable building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or dwelling in compliance with the North Carolina Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Code, that is designed to be used by itself or to be incorporated with other units into a structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. that will be a finished building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. on a permanent location on a permanent foundation. A modular unit shall not be considered a or manufactured home for the purpose of this Ordinance.

Monopine or Faux Tree:

A type of freestanding, wireless communication Any personal wireless service, which includes but is not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing Part 15 devices (i.e. wireless internet services) and paging. facility that is designed to resemble a tree. The support structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. is attached to a foundation and is designed to support itself without the use of guy wires or other stabilization devices.

Monopole:

A style of wireless support structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. (tower) for a freestanding, wireless communication Any personal wireless service, which includes but is not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing Part 15 devices (i.e. wireless internet services) and paging. facility that is composed of a single shaft usually composed of two or more hollow sections that are in turn attached to a foundation. This type of tower is designed to support itself without the use of guy wires or other stabilization devices, with a foundation that rests on or in the ground. Antennas Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. and associated cables are not typically concealed within the shaft of the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways..

Monumental Building Type:

In Design Districts, a structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. with large setbacks The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. from the sidewalk which become publicly accessible open area. The structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. is utilized for a specific set of uses that primarily serve for public or private gathering or assembly.

Multifamily:

A residential use consisting of at least three dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.. As described in Sec. 7.1, Housing Types, includes: townhouse A building made up of three or more attached dwelling units (except when otherwise allowed) where each unit is on an individual lot and the units are lined up in a row and share side walls.; detached rowhouse; multiplex; or apartment.

Museums:

Establishments for the display of art or historic or science objects.

N Definitions

Natural Erosion:

The wearing away of the earth's surface by water, wind or other natural agents under natural environmental conditions undisturbed by man.

Natural Inventory:

See Durham Inventory See "Durham Inventory".

New Construction:

When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building.” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures.

Night Club:

An establishment that stays open after 10:00 p.m. on weekends or on more than an occasional basis that offers food and beverages or entertainment or amusements. This definition includes but is not limited to establishments that serve beverages to persons Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. aged 21 and older, dance halls, discotheques, and similar establishments. Excluded from this definition are restaurants An establishment primarily engaged in the retail sale of food, where the sale of alcoholic drinks, such as beer, ale, wine, and liquor may also occur as a secondary function. Food and alcoholic drinks are primarily consumed on the premises where sold or in a designated social district; however, the take‐out of food & drink may occur, including to patrons who remain in vehicles. that meet both the requirements established by definition in this Ordinance and in NCGS § 18B-1000(6), adult establishments, retail stores, convenience stores A retail store with a floor area of less than 5,000 square feet that sells groceries and may also sell gasoline but not including vehicle service stations (limited or full)., clubs used by nonprofit organizations, lodges used by nonprofit organizations, theaters A building or structure which contains an assembly hall for the performing arts and/or for the showing of motion pictures., health athletic facilities, and other indoor recreation uses where the serving of food or alcohol is accessory to the primary use.

Non-Encroachment Area:

The channel of a river or other watercourse A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. and the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. land areas that must be reserved The withholding by a private entity of specific real estate from development pending acquisition by a public agency. in order to discharge the base flood The flood having a one percent chance of being equaled or exceeded in any given year based on current conditions hydrology. without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance The insurance coverage provided under the National Flood Insurance Program. Study report.

Non-Encroachment Area Fringe:

The area within the special flood hazard area that is adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to, but not within, the non-encroachment area The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report. and is within the 100 year floodplain and is inundated by the base flood The flood having a one percent chance of being equaled or exceeded in any given year based on current conditions hydrology..

Noncommercial Sign:

A sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. which contains no message, statement, or expression related to commercial interests. Noncommercial signs A sign which contains no message, statement, or expression related to commercial interests. Noncommercial signs include, but are not limited to, signs expressing political views, religious views, or information about and/or announcements of non-profit organizations related to their tax-exempt status. include, but are not limited to, signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. expressing political views, religious views, or information about and/or announcements of non-profit organizations related to their tax-exempt status.

Nuclear Material:

Any natural or man-made material which undergoes radioactive decay, during which process it releases energy in the form of ionizing radiation; this also includes any mixture of materials which contains nuclear material Any natural or man-made material which undergoes radioactive decay, during which process it releases energy in the form of ionizing radiation; this also includes any mixture of materials which contains nuclear material..

O Definitions

Obstruction:

When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable., wire, fence, rock, gravel, refuse, fill, structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., vegetation or other material in, along, across or projecting into any watercourse A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

Office:

A room, group of rooms, or building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products.

Opacity:

The surface area of a fence, wall or buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants..

Open Space:

Orientation:

The directional placement of a structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. or element in relation to its surroundings, the street and other structures.

Outparcel:

Individual retail sites in a retail center that, when combined, are less than the square footage of the attached retail spaces which form the majority of the square footage of the center.

Owner:

Any person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. having charge of any real property according to the records held by the Register of Deeds.

P Definitions

Parcel:

See “Lot of record Also called “lot” or “parcel”, a parcel of land described by metes and bounds, or otherwise delineated by property boundary dimensions, on a plat recorded in the office of the appropriate Register of Deeds..”

Parent:

means an affiliate A person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control of another person. that directly, or indirectly through one or more intermediaries, controls another person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity..

Park and Ride:

Motor vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. parking spaces A designated off-street area designed to accommodate the parking of one vehicle. to be occupied by vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. left by individuals who transferred to other modes of transportation for the remainder of their trip to an off-site location (for example, a driver who transfers from a car to a bus, train, or carpool for the remainder of the trip to work or school).

Parking Block:

A wheel stop.

Parking Lot:

An area of land where vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. are kept on a daily, overnight, or temporary basis; not to include the storage of wrecked or abandoned vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere., vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. parts, or the repair of vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere..

Parking Space:

A designated off-street area designed to accommodate the parking of one vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere..

Passive Recreation:

Recreational activities that do not require a developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. site. This includes such activities as trails for walking, hiking, and horseback riding; and areas for picnicking.

Pedestrian Mall:

A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. or rights of enforcement granted to the City, or other similar legal techniques.

Pedestrian Passage:

A site feature of Design Districts where a passageway for pedestrian movement is provided through the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. site.

Person:

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

Personal Wireless Service:

Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in the Telecommunications Act of 1996.

Phase of Grading:

One of two types of grading A land disturbing activity that modifies the contours of the land., rough or fine.

Philanthropic Institution:

An organization distributing or supported by funds set aside for humanitarian purposes.

Pilot Plant:

A building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or operation in which processes planned for use in production elsewhere can be developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. and/or tested, but not including the production of any goods on the premises primarily for sale or for use in production operations.

Place of Worship:

A building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. primarily used by a non-profit organization for organized religious services and supporting uses.

Plant Unit:

The measure of plant material required for 100 linear feet of buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. area to meet landscape requirements and ensure variety in buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. plantings.

Plat:

A map, chart or plan of a tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. or parcel See “Lot of record.” of land which is to be or which has been, subdivided.

Playground:

A constructed area designated for play and recreation typically for children, surfaced with material recommended by the most current safety handbook published by the U.S. Consumer Product Safety Commission, and consisting of play structures and equipment, including but not limited to, slides, swings, rockers, and climbing apparatus.

Podium:

The initial level(s) of a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable., beginning at ground level, above which the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. steps back to greater height. Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. podiums The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. can vary from one story The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. to several stories The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. in height.

Porte Cochere:

A roofed structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. extending from the entrance of a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. over an adjacent Property abutting directly on the boundary of, touching, or sharing a common point. driveway A private roadway located on a parcel or lot used for vehicle access. and sheltering A facility established on a temporary or permanent basis by an organization to provide sleeping accommodations or refuge to individuals due to a social, economic, or other emergency or crisis, such as but not limited to homelessness, domestic violence, or a natural disaster. those getting in or out of vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere..

Post-FIRM:

Construction or other development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. which started on or after the effective date of the initial Flood Insurance The insurance coverage provided under the National Flood Insurance Program. Rate Map for the area.

Pre-FIRM:

Construction or other development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. which started before the effective date of the initial Flood Insurance The insurance coverage provided under the National Flood Insurance Program. Rate Map for the area.

Preliminary Plat:

A map indicating the proposed layout of a development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. and related information that is submitted for preliminary review.

Primary or Main Entrance:

An ingress/egress of a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. designed to accommodate a predominant amount of foot traffic for the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable..

Principal Use or Primary Use:

The main use of land or buildings as opposed to a secondary or accessory use.

Principally Above Ground:

At least 51% of the actual cash value of the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. is above ground.

Producer:

A person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. or entity that makes a food or beverage, raises or produces A person or entity that makes a food or beverage, raises or produces farm products, or creates value-added farm products from farm products raised or produced on land that the person or entity farms. farm products Includes, but is not limited to, fruits, vegetables, mushrooms, herbs, grains, legumes, nuts, shell eggs, honey or other bee products, flowers, nursery stock, livestock food products (including meat and milk), and seafood., or creates value-added farm products Any product processed by a producer from a farm product, such as, but not limited to, baked goods, jams, jellies, canned vegetables, dried fruit, syrups, salsa, salad dressings, flours, coffee, smoked or canned meat or fish, sausages, yogurt, cheese, or prepared foods. from farm products Includes, but is not limited to, fruits, vegetables, mushrooms, herbs, grains, legumes, nuts, shell eggs, honey or other bee products, flowers, nursery stock, livestock food products (including meat and milk), and seafood. raised or produced A person or entity that makes a food or beverage, raises or produces farm products, or creates value-added farm products from farm products raised or produced on land that the person or entity farms. on land that the person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. or entity farms Land used as pasture or in the commercial production of crops, forestry, horticultural products, fish hatcheries or aquaculture, and the keeping of livestock for commercial or noncommercial purposes. Also included in this definition of agricultural uses are agricultural accessory buildings and sales of farm products grown or produced on the premises. This definition does not include domesticated chickens allowed pursuant to Sec. 5.4, Accessory Uses and Structures, the commercial slaughtering of animals for marketing, and farm tenant dwellings..

Property Owner or Owner:

The owner Any person having charge of any real property according to the records held by the Register of Deeds. of a parcel See “Lot of record.” of land as shown on the Durham County tax records.

Protective cover:

See "ground cover Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion.."

Public Antenna-Supporting Structure:

An antenna-supporting structure A vertical projection composed of metal or other substance with or without a foundation that is for the express purpose of accommodating antennas at a desired height above grade. Antenna-supporting structures do not include any device used to attach antennas to an existing building, unless the device extends above the highest point of the building by more than 20 feet. A wireless support structure is defined separately within this section., appurtenances, equipment enclosures, and all associated ancillary structures used by a public body or public utility A business or service that provides the public with electricity, gas, water and sewer service, telephone or cable television service. A wireless communication facility, unless regulated as a public utility by State or federal regulations, shall not be considered a public utility. for the purposes of transmission and/or reception of wireless communication Any personal wireless service, which includes but is not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing Part 15 devices (i.e. wireless internet services) and paging. signals associated with but not limited to: public education, parks and recreation, fire and police protection, public works, and general government.

Public Art:

A work of art in any medium that has been planned and executed with the specific intention of being sited or staged in the physical public domain, usually outdoors and publicly accessible.

Public Facility:

A building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or area owned or used by any department or branch of the Durham City Government, Durham County Government, the State of North Carolina, or the Federal Government.

Public Park or Playground:

A park or playground A constructed area designated for play and recreation typically for children, surfaced with material recommended by the most current safety handbook published by the U.S. Consumer Product Safety Commission, and consisting of play structures and equipment, including but not limited to, slides, swings, rockers, and climbing apparatus. available to the general public.

Public Parking:

Parking spaces A designated off-street area designed to accommodate the parking of one vehicle. or areas controlled by, or under contract with, a governmental entity to allow for general public use of the parking spaces A designated off-street area designed to accommodate the parking of one vehicle. and not dedicated The transfer without payment of ownership or other interest in real property from a private entity to a public agency. to a specific user.

Public Safety and/or Nuisance:

When used in reference to Sec. 3.21, Floodplain Development Permit Means any type of permit that is required in conformance with the provisions of this ordinance, prior to the commencement of any development activity. and Sec. 8.4, Floodplain and Flood Damage Protection Standards, means anything which is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity., or unlawfully obstructs When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream A body of concentrated flowing water in a natural low area or natural channel on the land surface., canal, or basin.

Public Safety Communications Equipment:

All communications equipment utilized by the City/County of Durham for the purpose of operation in the interest of the safety of the citizens of Durham and operating within the frequency range of 806 MHz and 1,000 MHz and future spectrum allocations at the direction of the FCC.

Public Utility:

A business or service that provides the public with electricity, gas, water and sewer service, telephone or cable television service. A wireless communication Any personal wireless service, which includes but is not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing Part 15 devices (i.e. wireless internet services) and paging. facility, unless regulated as a public utility A business or service that provides the public with electricity, gas, water and sewer service, telephone or cable television service. A wireless communication facility, unless regulated as a public utility by State or federal regulations, shall not be considered a public utility. by State or federal regulations, shall not be considered a public utility A business or service that provides the public with electricity, gas, water and sewer service, telephone or cable television service. A wireless communication facility, unless regulated as a public utility by State or federal regulations, shall not be considered a public utility..

R Definitions

Radio Frequency Emissions:

Any electromagnetic radiation or other communications signal emitted from an antenna Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. or antenna-related equipment on the ground, antenna-supporting structure A vertical projection composed of metal or other substance with or without a foundation that is for the express purpose of accommodating antennas at a desired height above grade. Antenna-supporting structures do not include any device used to attach antennas to an existing building, unless the device extends above the highest point of the building by more than 20 feet. A wireless support structure is defined separately within this section., building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable., or other vertical projection.

Receiving Watercourse:

A lake, natural watercourse A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. or other natural or manmade area into which stormwater runoff The direct runoff of water resulting from precipitation in any form. flows from a land-disturbing activity.

Recreational Vehicle:

A vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere., which is: (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use.

Recreational Vehicle (RV) Park:

Land used or intended to be used, let, or rented for occupancy by vacationing transient campers traveling by automobile or otherwise, or for occupancy by tents, or other movable or temporary sleeping quarters of any kind, together with automobile parking spaces A designated off-street area designed to accommodate the parking of one vehicle. and incidental utility structures and facilities required and provided in connection with the use. This definition shall not include trailer sales lots where unoccupied trailers are parked for inspection and sale.

Recycling Center:

A building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or an area where the primary activity is the separation of materials prior to shipment for remanufacture into new materials. This shall not include junkyards or wrecking yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line..

Recycling Drop-Off Site:

A site providing containers for the collection of recyclable materials, typically an accessory use. Recyclable materials are transported from the drop off site to another location for processing.

Reference Level:

The top of the lowest floor The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building's lowest floor provided that such an enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance. for structures within Special Flood Hazard Areas and Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas designated as Zone AE, A, A99, AO, or X (Future).

Regulatory Flood Protection Elevation:

The elevation above mean sea level The National Geodetic Vertical Datum (NGVD) as corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988 or other vertical control datum used as a reference for establishing varying elevations within the floodplain, to which Base Flood Elevations (BFEs) shown on a FIRM are referenced. Refer to each FIRM panel to determine datum used. to which the reference level The top of the lowest floor for structures within Special Flood Hazard Areas and Future Conditions Flood Hazard Areas designated as Zone AE, A, A99, AO, or X (Future). of all structures and other development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. located within Special Flood Hazard Areas and Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas must be protected.

In Special Flood Hazard Areas where Base Flood The flood having a one percent chance of being equaled or exceeded in any given year based on current conditions hydrology. Elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet of freeboard The height added to the Base Flood Elevation (BFE) or the future conditions flood elevation to account for watershed development as well as limitations of the engineering methodologies for the determination of flood elevations. The Base Flood Elevation plus the freeboard establishes the “Regulatory Flood Protection Elevation.”.
In Special Flood Hazard Areas where no BFE has been established, this elevation shall be at least five feet above the highest adjacent Property abutting directly on the boundary of, touching, or sharing a common point. grade A land disturbing activity that modifies the contours of the land..
In Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas this elevation shall be the Future Conditions Flood Elevation A determination of the water surface elevations of the one percent (1%) annual chance flood based on future conditions hydrology as published in the Flood Insurance Study. This elevation, when combined with the freeboard, establishes the “Regulatory Flood Protection Elevation” in Future Conditions Flood Hazard Areas. plus two feet of freeboard The height added to the Base Flood Elevation (BFE) or the future conditions flood elevation to account for watershed development as well as limitations of the engineering methodologies for the determination of flood elevations. The Base Flood Elevation plus the freeboard establishes the “Regulatory Flood Protection Elevation.”.

Remedy a Violation:

To bring a structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. or other development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. into compliance with the requirements of this ordinance and, when appropriate, State requirements.

Repair Shop:

Repetitive Loss:

Reservation:

The withholding by a private entity of specific real estate from development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. pending acquisition by a public agency A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc..

Residential District:

Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District.

Residential Street:

Streets less than one mile in length that do not connect thoroughfares or major traffic generators that typically do not collect traffic from more than 25 dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.; or a loop street less than 2,500 feet in length.

Restaurant:

An establishment primarily engaged in the retail sale of food, where the sale of alcoholic drinks, such as beer, ale, wine, and liquor may also occur as a secondary function. Food and alcoholic drinks are primarily consumed on the premises where sold or in a designated social district; however, the take‐out of food & drink may occur, including to patrons who remain in vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere..

Retail Stores and Shops:

Establishments selling goods to the public for consumption but not for resale, usually in small quantities, as well as services incidental to the sale of these goods including the leasing or repairing of merchandise for public consumption.

Retreat house-

Ribbon Driveway:

Also called “strip driveway A private roadway located on a parcel or lot used for vehicle access.,” a driveway A private roadway located on a parcel or lot used for vehicle access. that consists of two parallel strips of concrete, pavers, or similar all-weather material with groundcover or similar pervious material in between.

Right-of-Way:

A strip of land acquired by reservation The withholding by a private entity of specific real estate from development pending acquisition by a public agency., dedication The transfer without payment of ownership or other interest in real property from a private entity to a public agency., prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility A business or service that provides the public with electricity, gas, water and sewer service, telephone or cable television service. A wireless communication facility, unless regulated as a public utility by State or federal regulations, shall not be considered a public utility..

Riverine:

means relating to, formed by, or resembling a river (including tributaries), stream A body of concentrated flowing water in a natural low area or natural channel on the land surface., brook, etc.

Road:

See “Street Public An area for vehicular traffic that is dedicated to or maintained by a public agency.c” and “Street Private An area intended for local vehicular traffic, owned and maintained by a private corporation, individual, or group of individuals.e.”

Roadside Stand:

A structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. (generally an open air structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways.) used for display and sale of products grown or produced A person or entity that makes a food or beverage, raises or produces farm products, or creates value-added farm products from farm products raised or produced on land that the person or entity farms. on-site and the incidental sale of products from off-site. Sales are conducted on a temporary or seasonal basis.

Rural Village:

An area delineated on the Future Land Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Map, within the Rural Tier, that can include residential, commercial, office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products., institutional, and open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction./recreation land uses.

Runoff:

Water from precipitation that flows off a property.

S Definitions

Salvage Yard:

Any non-residential property used for the storage, collection, and/or recycling of any type of equipment, and including but not limited to vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere., appliances and related machinery.

Satellite Dish Antenna(s) (Satellite Earth Stations):

A single or group of satellite parabolic (or dish) antennas Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas.. These dishes are mounted to a supporting device that may be a pole or truss assembly attached to a foundation in the ground, or in some other configuration. A satellite earth station may include the associated separate equipment enclosures necessary for the transmission or reception of wireless communications Any personal wireless service, which includes but is not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing Part 15 devices (i.e. wireless internet services) and paging. signals with satellites.

Screening:

The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views.

Sediment:

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

Sedimentation:

The process by which sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. resulting from accelerated erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. has been or is being transported off the site of the land-disturbing activity or into a lake or natural watercourse Any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary and any reservoir, lake or pond, natural or impounded, in which sediment may be moved or carried in suspension, and which could be damaged by accumulation of sediment..

Service Area:

In Design Districts, the service area In Design Districts, the service area is a designation for portions of buildings or sites that are used for loading areas including garage entries; trash/recycling facilities; secondary fire code egress; and mechanical equipment or utilities that are not permitted by code to be underground or on rooftops. is a designation for portions of buildings or sites that are used for loading areas A space used to transfer goods and material between vehicles and a building or lot. including garage entries; trash/recycling facilities; secondary fire code egress; and mechanical equipment or utilities that are not permitted by code to be underground or on rooftops.

Setback:

The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways..

Shelter:

A facility established on a temporary or permanent basis by an organization to provide sleeping accommodations or refuge to individuals due to a social, economic, or other emergency or crisis, such as but not limited to homelessness, domestic violence, or a natural disaster.

Shopping Center:

A group of retail businesses developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. under a uniform development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. scheme and served by common off-street parking facilities.

Sign:

Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent Property abutting directly on the boundary of, touching, or sharing a common point. property and used to attract attention. This definition includes the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. or the face on which a sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign..

Sign Support or Bracing:

The materials used to support and attach a sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. to the ground, building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable., or other fixed location.

Siltation:

Sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. resulting from accelerated erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. which is settleable or removable by properly designed, constructed and maintained control measures; and which has been transported from its point of origin within the site of a land-disturbing activity; and which has been deposited, or is in suspension in water.

Single-Family:

A residential use consisting of one dwelling unit A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. per lot of record Also called “lot” or “parcel”, a parcel of land described by metes and bounds, or otherwise delineated by property boundary dimensions, on a plat recorded in the office of the appropriate Register of Deeds.. As described in Sec. 7.1, Housing Types, includes: single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. detached house; zero lot line A detached dwelling unit positioned on one property line without any setback. house; traditional house; or attached house. Not to include manufactured housing.

Single-Loaded Street:

A roadway serving property (street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line.) on one side only with no need for access on the other side.

Site Area:

The minimum area required for a particular type of development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land.. The site may then be divided into smaller lots.

Site Plan:

An accurately scaled development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. that shows existing conditions Conditions that exist at time of plan or plat submittal. on a site as well as depicting details of proposed development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

Solar Energy System:

An energy system which converts solar energy to usable thermal, mechanical, chemical, or electrical energy to meet all or a significant part of a structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways.’s energy requirements.

Solid Waste Disposal Facility:

Means, as defined in NCGS 130A-290(a)(35), any facility involved in the disposal When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, is defined as in NCGS 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters. of solid waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations..

Solid Waste Disposal Site:

Means, as defined in NCGS 130A-290(a)(36), any place at which solid wastes As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. are disposed of by incineration, sanitary landfill, or any other method.

Solid Waste Facilities:

Stationary solid waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. collection containers, yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. containers, recycling containers and roll-out containers for the above.

Special Flood Hazard Area (SFHA) or Area of Special Flood Hazard:

The land in the floodplain subject to a one percent or greater chance of being flooded in any given year based on current conditions hydrology The flood discharges associated with the land-use conditions existing within the drainage area of a watercourse at the time a flood study of the watercourse was conducted. Current conditions flood discharges and historical flood study information are published in the Flood Insurance Study..

Specimen Tree, Major:

Any evergreen canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. tree 18 inches dbh or greater, any deciduous canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. tree 12 inches dbh or greater and any understory tree (deciduous or evergreen) eight inches dbh or greater, except any tree listed as a nonnative invasive plant by the U.S. Forest Service or prohibited pursuant to the Landscape Manual for Durham, North Carolina, also referred to as the Landscape Manual .

Specimen Tree, Minor:

Trees that qualify for required preservation under the following paragraphs of this Ordinance:

Any species of tree that qualify for tree preservation within a cluster of trees under paragraph 8.3.1D.3, Cluster of Trees; and
Any species of tree that qualify for tree preservation as an individual tree under paragraph 8.3.1D.4, Individual Trees.

Start of Construction:

Storefront Window System:

An architectural wall assembly of large glass panes framed in relatively thin metal members and typically used at the ground level of commercial buildings.

Storm Drainage Facilities:

The system of inlets, conduits, channels, ditches and appurtenances which serve to collect and convey stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. through and from a given drainage area.

Stormwater:

The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt.

Stormwater Runoff:

The direct runoff Water from precipitation that flows off a property. of water resulting from precipitation in any form.

Story:

The horizontal division of a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground At least 51% of the actual cash value of the structure is above ground., and not below grade A land disturbing activity that modifies the contours of the land., nor below street level, or within roofline, tower, or a roof deck.

Stream:

means a body of concentrated flowing water in a natural low area or natural channel on the land surface.

Stream Buffer:

A natural or vegetated area adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. through which stormwater runoff The direct runoff of water resulting from precipitation in any form. flows in a diffuse manner so that the runoff Water from precipitation that flows off a property. does not become channelized and which provides for the infiltration of runoff Water from precipitation that flows off a property. and filtering of pollutants.

Stream, Intermittent:

Except under Sec. 8.5, Riparian Buffer Protection Standards, a watercourse A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. that collects surface runoff Water from precipitation that flows off a property. and is shown as a dashed blue line on the most recent United States Geologic Survey (USGS) 7½-minute quadrangle topographic maps, is shown as an intermittent stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. on the most recent US Department of Agriculture (USDA) Soil Survey, or is shown as an intermittent stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. on the Natural Resource Conservation Service (NRCS) maps.

Stream, Perennial:

Except under Sec. 8.5, Riparian Buffer Protection Standards, a watercourse A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. that collects surface runoff Water from precipitation that flows off a property. and is shown as a solid blue line on the most recent USGS 7½-minute quadrangle topographic maps, is shown as a perennial stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. on maps in the most recent US Department of Agriculture (USDA) Soil Survey, or is shown as a perennial stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. on the Natural Resource Conservation Service (NRCS) maps.

Street Frontage:

The boundary of a property adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to one side of a street.

Street Network:

A system of interconnected streets which includes vehicular, pedestrian, transit, and bicyclist infrastructure.

Street, Private:

An area intended for local vehicular traffic, owned and maintained by a private corporation, individual, or group of individuals.

Street, Public:

An area for vehicular traffic that is dedicated The transfer without payment of ownership or other interest in real property from a private entity to a public agency. to or maintained by a public agency A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc..

Street Wall:

The implicit line created by the façades of adjacent Property abutting directly on the boundary of, touching, or sharing a common point. structures.

Street Width:

The horizontal distance between the side lines of a street, measured at right angles to the side lines.

Streetscape:

The appearance or view of an entire street or street network A system of interconnected streets which includes vehicular, pedestrian, transit, and bicyclist infrastructure. in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall The implicit line created by the façades of adjacent structures..

Strip Commercial:

Intense commercial development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. extending along a roadway at a shallow depth along that roadway. It is typically characterized by multiple curb-cuts, unconnected vehicular use areas and a proliferation of signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign..

Structure:

A walled or roofed constructed object that is principally above ground At least 51% of the actual cash value of the structure is above ground.; vertical projections meeting the definition of antenna-supporting or wireless support structures Also known as a “tower,” it is a structure that is solely designed and built for the primary purpose of supporting wireless facilities. A building or other fixed object not originally designed to support wireless facilities is not a wireless support structure.; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground At least 51% of the actual cash value of the structure is above ground.. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres A roofed structure extending from the entrance of a building over an adjacent driveway and sheltering those getting in or out of vehicles., carports, covered or screened The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. porches, and breezeways.

Stub Out:

The extension of a street to an external property line to facilitate future roadway connection and reduce traffic impacts on the road See “Street, Public” and “Street, Private.” network.

Subdivisions:

All divisions of a tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. or parcel See “Lot of record.” of land into two or more lots, building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. sites, or other divisions for the purpose of sale or building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. (whether immediate or future) or any division of land involving the dedication The transfer without payment of ownership or other interest in real property from a private entity to a public agency. of a new street or a change in existing streets.

Subordinate:

Secondary in appearance so as not to diminish or visually overpower another element or structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways.. This shall be considered as a whole and shall not require each dimensional aspect to be subordinate Secondary in appearance so as not to diminish or visually overpower another element or structure. This shall be considered as a whole and shall not require each dimensional aspect to be subordinate, unless specifically required by another provision of this Ordinance., unless specifically required by another provision of this Ordinance.

Subsidiary:

An affiliate A person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control of another person. that is directly or indirectly through one or more intermediaries, controlled by another person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity..

Substantial Change:

In regards to wireless communication Any personal wireless service, which includes but is not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing Part 15 devices (i.e. wireless internet services) and paging. facilities, a modification that substantially changes In regards to wireless communication facilities, a modification that substantially changes the physical dimensions of an existing tower or base station if it meets any of the criteria detailed in the FCC Report and Order FCC14-153, or as amended. the physical dimensions of an existing tower or base station A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communication network. The term does not encompass a wireless support structure as defined in this section or any equipment associated with a tower. if it meets any of the criteria detailed in the FCC Report and Order FCC14-153, or as amended.

Substantial Damage:

Damage of any origin sustained by a structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. during any one year period whereby the cost of restoring the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. to its before damaged condition would equal or exceed 50% of the market value The building value, not including the land value and that of any accessory structures or other improvements on the lot. Market value can be established by independent certified appraisal; replacement cost depreciated for age of building and quality of construction (Actual Cash Value); or adjusted tax assessed values. of the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. before the damage occurred.

Substantial Improvement:

Substantial Quantities:

An amount of hazardous materials Materials, or mixtures containing those materials, which pose a physical, environmental or health hazard by virtue of their carcinogenic, corrosive, highly toxic, irritant, sensitizing or toxic properties as defined in 29 CFR 1910.1200. Included in this definition are materials included in EPA's most recent Priority Pollutants List and substances which are regulated, or caused to be regulated, under provisions of the Resource Conservation and Recovery Act (RCRA); the Comprehensive Emergency Response, Compensation and Liability Act (CERCLA); the Superfund Amendments and Reauthorization Act (SARA); or any subsequent amendments of these Acts. Hazardous materials shall include hazardous wastes, which are the byproducts resulting from the use of hazardous materials, materials which have been used to clean up spills of hazardous materials, and hazardous materials which have reached their shelf-life or have been used or contaminated. Also included in this definition are hazardous wastes regulated, or caused to be regulated by the Resource Conservation and Recovery Act (40 CFR 261, Subpart C and Subpart B) equal to or exceeding the Threshold Planning Quantities listed in the provisions of the Resource Conservation and Recovery Act (RCRA); the Comprehensive Emergency Response, Compensation and Liability Act (CERCLA); the Superfund Amendments and Reauthorization Act (SARA); or any subsequent amendments of these Acts. Where no Threshold Planning Quantities have been identified for a particular material, the amount considered to be a substantial quantity An amount of hazardous materials equal to or exceeding the Threshold Planning Quantities listed in the provisions of the Resource Conservation and Recovery Act (RCRA); the Comprehensive Emergency Response, Compensation and Liability Act (CERCLA); the Superfund Amendments and Reauthorization Act (SARA); or any subsequent amendments of these Acts. Where no Threshold Planning Quantities have been identified for a particular material, the amount considered to be a substantial quantity shall be determined by the Director of Emergency Management or the Durham County Fire Marshall. shall be determined by the Director of Emergency Management or the Durham County Fire Marshall.

Support Equipment (WCF):

Any and all devices utilized to attach or hold antennas Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas., feed lines Cables used as the interconnecting media between a transmission/receiving base station and an antenna., or any related equipment to a WCF.

T Definitions

Telecommuting:

A work arrangement in which an employee uses technology to perform assigned duties at home or at another site away from the traditional work site during some or all of regularly scheduled work hours, reducing or eliminating the employee’s commute or travel to and from the traditional work site.

Ten-Year Storm:

The surface runoff Water from precipitation that flows off a property. resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in ten years, and of a duration which will produce A person or entity that makes a food or beverage, raises or produces farm products, or creates value-added farm products from farm products raised or produced on land that the person or entity farms. the maximum peak rate of runoff Water from precipitation that flows off a property., for the watershed All of the land area draining to a particular point on a water course or to a water body. of interest, under average antecedent wetness conditions.

Theater:

A building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. which contains an assembly hall for the performing arts and/or for the showing of motion pictures.

Thoroughfare, Major:

Major streets, excluding freeways A multi-lane, controlled access major road connecting this region, major activity centers or major roads with other regions, major activity centers or major roads. It is designed to accommodate large traffic volumes at high speeds. Such facilities may be part of the Interstate, Federal, or State primary highway system and are identified and further described on the adopted Comprehensive Transportation Plan, as amended., expressways The same attributes as a freeway but with partial control of access and some limited driveways. Such facilities are identified and further described on the adopted Comprehensive Transportation Plan, as amended., and boulevards, that provide for the expeditious movement of large volumes of traffic within and through the urban area. These facilities are identified and further described on the adopted Comprehensive Transportation Plan, as amended.

Thoroughfare, Minor: Streets that perform the function of collecting traffic from local access streets and carrying it to the major thoroughfare system. Such streets can be used to supplement the major thoroughfare system by facilitating minor through movements and can also serve abutting property. They are identified and further described on the adopted Comprehensive Transportation Plan, as amended.

Tool Repair Shop:

Towers for Transmitting and Receiving Electronic Signals:

Structures whose principal function is to support communication antenna Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas.(s).

Townhome:

See “Townhouse A building made up of three or more attached dwelling units (except when otherwise allowed) where each unit is on an individual lot and the units are lined up in a row and share side walls..”

Townhouse:

A building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. made up of three or more attached dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. (except when otherwise allowed) where each unit is on an individual lot and the units are lined up in a row and share side walls.

Tract:

Contiguous land under one ownership or under multiple ownership either developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. as a single unit or recorded as a single unit.

Transfer Station:

A facility where waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. materials from residences, commercial and industrial establishments are transferred to vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. which will take the materials to a landfill or other disposal When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, is defined as in NCGS 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters. site.

Tree Protection Zone:

The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A. Six-foot radius around the tree; or B. One-foot radius for every inch of dbh. are measured as the greater of:

A. Six-foot radius around the tree; or

B. One-foot radius for every inch of dbh.

Twenty-Five Year Storm:

The surface runoff Water from precipitation that flows off a property. resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in 25 years, and of a duration which will produce A person or entity that makes a food or beverage, raises or produces farm products, or creates value-added farm products from farm products raised or produced on land that the person or entity farms. the maximum peak rate of runoff Water from precipitation that flows off a property., from the watershed All of the land area draining to a particular point on a water course or to a water body. of interest under average antecedent wetness conditions.

Two-Family:

A residential use consisting of two individual dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. on a single lot of record Also called “lot” or “parcel”, a parcel of land described by metes and bounds, or otherwise delineated by property boundary dimensions, on a plat recorded in the office of the appropriate Register of Deeds.. This definition does not include a single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. dwelling with an accessory dwelling unit A dwelling that exists as part of a principal dwelling or on the same lot as the principal dwelling and is subordinate in size to the principal dwelling..

U Definitions

Ultimate Right-Of-Way:

A line running more or less parallel to the centerline of certain existing or proposed streets for the purpose of determining future width as established by officially adopted transportation plans.

Uncovered:

The removal of ground cover Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion. from, on, or above the soil surface.

Undertaken:

The initiating of any activity, or phase of activity, which results, or will result, in a change in the ground cover Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion. or topography of a tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. of land.

Unipole:

A freestanding, wireless communication Any personal wireless service, which includes but is not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing Part 15 devices (i.e. wireless internet services) and paging. facility where the wireless support structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. (tower) is composed of a single shaft usually made up of two or more hollow sections that are in turn attached to a foundation. This type of tower is designed to support itself without the use of guy wires or other stabilization devices and the foundation rests on or in the ground. All antennas Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. and associated components mounted onto the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. are completely concealed within the shaft of the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways..

University or College:

An institution other than a trade school that provides full-time or part-time education beyond high school.

Upper Story Step-Backs:

The stories The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. above the maximum podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. where building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. façades are set back from podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. façades to allow light and air access to street level.

Use:

The purpose for which a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable., structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., or area of land may be arranged or occupied or the activity conducted or proposed in a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable., structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., or on an area of land.

V Definitions

Value-Added Farm Product:

Any product processed by a producer A person or entity that makes a food or beverage, raises or produces farm products, or creates value-added farm products from farm products raised or produced on land that the person or entity farms. from a farm product Includes, but is not limited to, fruits, vegetables, mushrooms, herbs, grains, legumes, nuts, shell eggs, honey or other bee products, flowers, nursery stock, livestock food products (including meat and milk), and seafood., such as, but not limited to, baked goods, jams, jellies, canned vegetables, dried fruit, syrups, salsa, salad dressings, flours, coffee, smoked or canned meat or fish, sausages, yogurt, cheese, or prepared foods.

Variance:

A grant of relief to a person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship.

Vegetative Screen:

A three-dimensional structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. that provides vegetative façades, either freestanding or mounted to a wall.

Vehicle Repair Shops:

Buildings and premises where mechanical work, servicing, and repair of motor vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. is conducted as the primary activity. Excluded from this definition are dwellings where not more than two vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. owned by the lawful residents of the dwelling are repaired on-site.

Vehicle Service, Major:

Buildings and premises for uses such as auto detailing, alignment shops, auto body shops, auto paint facilities, auto upholstery shops, and towing service.

Vehicle Service, Minor:

Buildings and premises for uses such as auto repair, battery sales and installation, fuel sales (other than with a convenience store A retail store with a floor area of less than 5,000 square feet that sells groceries and may also sell gasoline but not including vehicle service stations (limited or full).), quick lubrication facilities, and tire sales and mounting.

Vehicle Storage Yard:

A bulk and non-public holding facility for fleet vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. or heavy equipment Vehicles such as buses, tow trucks, furniture trucks, fuel trucks, refrigerated trucks, dump trucks, or cement mixers; vehicles with a Class of 7 or above that would typically have a Gross Vehicle Weight (GVW) of at least 13 tons, or any construction equipment, or, within City limits, any farm equipment (except in the RS-20 or RR districts)., vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. held for sale or repair, or the storage of operable or inoperable vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. awaiting adjustment or settlement of insurance claims or motor vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. that have been impounded by the police. No dismantling of vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. is permitted.

Vehicles:

All motorized vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. as defined by the State of North Carolina Department of Motor Vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere., including but not limited to automobiles, trucks, all-terrain vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. (ATVs), and motorcycles. This definition shall not include “Heavy Equipment Vehicles such as buses, tow trucks, furniture trucks, fuel trucks, refrigerated trucks, dump trucks, or cement mixers; vehicles with a Class of 7 or above that would typically have a Gross Vehicle Weight (GVW) of at least 13 tons, or any construction equipment, or, within City limits, any farm equipment (except in the RS-20 or RR districts).” as defined elsewhere.

Velocity of Flow:

The average velocity of flow The average velocity of flow through the cross section of the main channel at the peak flow of the storm of interest. The cross section of the main channel shall be that area defined by the geometry of the channel plus the area of flow below the flood height defined by vertical lines at the main channel banks. Overload flows are not to be included for the purpose of computing velocity of flow. through the cross section of the main channel at the peak flow of the storm of interest. The cross section of the main channel shall be that area defined by the geometry of the channel plus the area of flow below the flood height defined by vertical lines at the main channel banks. Overload flows are not to be included for the purpose of computing velocity of flow The average velocity of flow through the cross section of the main channel at the peak flow of the storm of interest. The cross section of the main channel shall be that area defined by the geometry of the channel plus the area of flow below the flood height defined by vertical lines at the main channel banks. Overload flows are not to be included for the purpose of computing velocity of flow..

Vested Rights:

The right of property owner Any person having charge of any real property according to the records held by the Register of Deeds. to develop Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in accordance with NCGS 160D-108 and the provisions of this Ordinance.

Violation:

The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. activity, or structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., including but not limited to signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance.

W Definitions

Waste:

As used in Sec. 12.10, Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control, surplus materials resulting from onsite construction and disposed of at other locations.

Water Surface Elevation (WSE):

When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the height, in relation to mean sea level The National Geodetic Vertical Datum (NGVD) as corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988 or other vertical control datum used as a reference for establishing varying elevations within the floodplain, to which Base Flood Elevations (BFEs) shown on a FIRM are referenced. Refer to each FIRM panel to determine datum used., of floods of various magnitudes and frequencies in the floodplains of coastal or riverine Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. areas.

Water-Dependent Structure:

Watercourse:

A lake, river, creek, stream A body of concentrated flowing water in a natural low area or natural channel on the land surface., wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. includes specifically designated areas in which substantial flood damage may occur.

Watershed:

All of the land area draining to a particular point on a water course or to a water body.

Way-Finding Signage Plan:

A plan delineating unifying characteristics for way-finding signs A sign designed to convey location and direction. associated within a development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. project or complex.

Way-Finding Sign:

Wetlands:

An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc..

Wireless Communications:

Any personal wireless service Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in the Telecommunications Act of 1996., which includes but is not limited to, cellular, personal Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing Part 15 devices (i.e. wireless internet services) and paging.

Wireless Communication Facility (WCF):

Any manned or unmanned location for the transmission and/or reception of radio frequency signals, or other wireless communications Any personal wireless service, which includes but is not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing Part 15 devices (i.e. wireless internet services) and paging., and usually consisting of one or more of the following components: a wireless facility Also known as “transmission equipment,” it is the set of equipment and network components including antennas, transmitters, receivers, power supplies, cabling, and associated equipment necessary to provide wireless data and wireless telecommunications services; but exclusive of the underlying structure or tower, as described in the FCC Report and Order FCC14-153, as amended., base station A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communication network. The term does not encompass a wireless support structure as defined in this section or any equipment associated with a tower., equipment compound, and wireless support structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways.. Amateur wireless facilities Also known as “transmission equipment,” it is the set of equipment and network components including antennas, transmitters, receivers, power supplies, cabling, and associated equipment necessary to provide wireless data and wireless telecommunications services; but exclusive of the underlying structure or tower, as described in the FCC Report and Order FCC14-153, as amended., satellite dish antennas Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas., and antenna-supporting structures, antennas Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. and/or antenna Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. arrays for TV/HDTV/AM/FM broadcasting transmission facilities shall be excluded from this definition.