§ 40-2. Definitions and rules of construction.

(a)

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

Agricultural use means the use of waters for stock watering, irrigation and other farm purposes.

Animal unit is a unit of measurement developed by the U.S. Environmental Protection Agency that is used to compare different types of animal operations.

Best management practices for the protection of surface waters means a structural or nonstructural management-based practice used singularly or in combination to reduce non-point source inputs to receiving waters in order to achieve water quality protection goals. See the NCDOT publication, Best Management Practices for the Protection of Surface Waters, June 1991.

Buffer means an area of natural or planted vegetation through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. The buffer is measured landward from the normal pool elevation of impounded structures and from the bank on each side of streams or rivers.

Building means any structure having a roof supported by columns or by walls, and intended for shelter, housing or enclosure of persons, animals or property. The connection of two buildings by means of an open porch, breezeway, passageway, carport or other such open structure, with or without a roof, shall not be deemed to make them one building.

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

Cluster development means the grouping of buildings in order to conserve land resources and provide for innovation in the design of the project. This term includes nonresidential development as well as single-family residential subdivisions and multifamily developments that do not involve the subdivision of land.

Composting facility means a facility in which only stumps, limbs, leaves, grass and untreated wood collected from land clearing or landscaping operations are deposited.

Critical area means the area adjacent to a water supply intake or reservoir where risk associated with pollution is greater than from the remaining portions of the watershed. The critical area is defined as extending either one-half mile from the normal pool elevation of the reservoir in which the intake is located or to the ridge line of the watershed (whichever comes first); or one-half mile upstream from the intake located directly in the stream or river (run-of-the-river), or the ridge line of the watershed (whichever comes first). Since WS-I watersheds are essentially undeveloped, establishment of a critical area is not required. Local governments may extend the critical area as needed. Major landmarks such as highways or property lines may be used to delineate the outer boundary of the critical area if these landmarks are immediately adjacent to the appropriate outer boundary of one-half mile.

Customary home occupation means any use conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof; provided further that no mechanical equipment is installed or used except as is normally used for domestic or professional purposes, and that not over 25 percent of the total floorspace of any structure is used for the occupation. No home occupation shall be conducted in any accessory building except for the storage and service of a vehicle that is driven off-site, such as a service repair truck, delivery truck, etc.

Development means any land disturbing activity which adds to or changes the amount of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil.

Discharging landfill means a facility with liners, monitoring equipment and other measures to detect and/or prevent leachate from entering the environment and in which the leachate is treated on-site and discharged to a receiving stream.

Dwelling unit means a building, or portion thereof, providing complete and permanent living facilities for one family.

Existing development means those projects that are built or those projects that at a minimum have established a vested right under state zoning law as of the effective date of the ordinance from which this chapter is derived, based on at least one of the following criteria:

(1)

Substantial expenditures of resources (time, labor or money) based on a good faith reliance upon having received a valid local government approval to proceed with the project;

(2)

Having an outstanding valid building permit as authorized by G.S. 160A-385.1; or

(3)

Having expended substantial resources (time, labor or money) and having an approved site-specific or phased development plan as authorized by G.S. 160A-385.1.

Existing lot and lot of record mean a lot which is part of a subdivision, a plat of which has been recorded in the office of the register of deeds prior to the adoption of the ordinance from which this chapter is derived, or a lot described by metes and bounds, the description of which has been so recorded prior to the adoption of the ordinance from which this chapter is derived.

Family means one or more persons occupying a single dwelling unit; provided that, unless all members are related by blood or marriage or adoption, no such family shall contain over five persons, but further provided that domestic servants employed or living on the premises may be housed on the premises without being counted as a family.

Hazardous material means any substance listed as such in SARA section 302, Extremely Hazardous Substances, CERCLA Hazardous Substances, or section 311 of CWA (oil and hazardous substances).

Industrial development means any nonresidential development that requires an NPDES permit for an industrial discharge and/or requires the use or storage of any hazardous material for the purpose of manufacturing, assembling, finishing, cleaning or developing any product or commodity.

Landfill means a facility for the disposal of solid waste on land in a sanitary manner in accordance with G.S. 130A-290 et seq. For the purpose of this chapter, this term does not include composting facilities.

Lot means a parcel of land occupied or capable of being occupied by a building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to such building or group of buildings.

Major variance means a variance that results in any one or more of the following:

(1)

The complete waiver of a management requirement.

(2)

The relaxation, by a factor of more than ten percent, of any management requirement that takes the form of a numerical standard.

(3)

The relaxation of any management requirement that applies to a development proposal intended to qualify under the high density option.

Minor variance means a variance that does not qualify as a major variance.

Nonresidential development means all development other than residential development, agriculture and silviculture.

Plat means a map or plan of a parcel of land which is to be, or has been, subdivided.

Residential development means buildings for residences such as attached and detached single-family dwellings, apartment complexes, condominiums, townhouses, cottages, etc., and their associated outbuildings such as garages, storage buildings, gazebos, etc., and customary home occupations.

Single-family residential means any development where:

(1)

No building contains more than one dwelling unit;

(2)

Every dwelling unit is on a separate lot; and

(3)

No lot contains more than one dwelling unit.

Street and road mean a right-of-way for vehicular traffic which affords the principal means of access to abutting properties.

Structure means anything constructed or erected, including but not limited to buildings, which requires location on the land or attachment to something having permanent location on the land.

Subdivider means any person, firm or corporation who subdivides or develops any land deemed to be a subdivision as defined in this section.

Subdivision means 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, and shall include all division of land involving the dedication of a new street or a change in an existing street; but the following shall not be included within this definition or be subject to the regulations authorized by this chapter:

(1)

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

(2)

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

(3)

The public acquisition by purchase of strips of land for the widening or opening of streets.

(4)

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

(5)

The division of a tract into plots or lots used as a cemetery.

Toxic substance means any substance or combination of substances, including disease-causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression in reproduction or growth) or physical deformities in such organisms or their offspring, or other adverse health effects.

Variance means permission to develop or use property granted by the watershed review board relaxing or waiving a water supply watershed management requirement adopted by the state environmental management commission that is incorporated into this chapter.

Water-dependent structure means any structure for which the use requires access to or proximity to or siting within surface waters to fulfill its basic purpose, such as boat ramps, boathouses, docks and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial boat storage areas are not water-dependent structures.

Watershed means the entire land area contributing surface drainage to a specific point (e.g., the water supply intake).

Watershed administrator means an official or designated person of the city responsible for administration and enforcement of this chapter.

(b)

For the purpose of this chapter, certain words shall be interpreted as follows:

(1)

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

(2)

The word "lot" shall include the words "plot," "parcel" and "tract."

(3)

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

(4)

The word "will" is always mandatory and not merely directory.

(Ord. No. 1993-19, §§ 155.501, 155.502, 6-29-1993)

Cross reference

Definitions generally, § 1-2.