§ 15. Definitions of Basic Terms.

Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this chapter [appendix].

(1)

Accessory use. (See Section 150)

(2)

Administrator. (See Section 37)

(3)

Agricultural production (crops). The production of, and activities relating or incidental to the production of, crops, fruits, vegetables, ornamental and flowering plants, and nursery products such as bulbs, trees, vines, shrubbery, flower and vegetable seeds, and plants and sod. Included in this definition are establishments primarily engaged in the operation of timber tracts, tree farms, forest nurseries, and related activities.

(4)

Agricultural production (livestock). The production of, and activities relating or incidental to the production of, dairy, livestock, poultry products. "Livestock," as used here, includes cattle, sheep, goats, hogs, and poultry, as well as animal specialties such as horses, rabbits, bees, fur-bearing animals in captivity, and fish in captivity. This definition does not include animal feeder/breeder operations.

(5)

Amusement Center. A commercially operated enterprise having various legal coin-operated devices for entertainment, including but not limited to pinball machines, bowling machines, computerized and electronic games, and other devices of like kind, but specifically excluding billiard and pool tables and further expressly excluding the sale, display or dissemination of any written, printed or pictorial matter of every kind and description.

(6)

Animal feeder/breeder operations. Establishments primarily engaged in the production, feeding, or fattening of cattle, hogs, chickens, or turkeys in a confined area for a period of at least forty-five (45) days on a contract or fee basis.

(7)

Antenna. Equipment designed to transmit or receive electronic signals.

(8)

Base flood. The flood having a one-percent chance of being equalled or exceeded in any given year. Also known as the 100-year flood.

(9)

Bed and breakfast. A private home offering bed and breakfast accommodations to twelve (12) or fewer persons per night for a period of less than one (1) week.

(10)

Best management practices (BMP). A structural or nonstructural management-based practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water quality protection goals.

(11)

Billiard room or pool hall. Any room or place of business, including drugstores, cafes, soda shops, service stations and other similar establishments, wherein regulation billiard or pool tables or miniature pool or billiard tables, with or without slot devices, are operated for profit.

(12)

Boarding house. A residential use consisting of at least one (1) dwelling unit together with more than two (2) rooms that are rented out or are designed or intended to be rented but which rooms, individually or collectively, do not constitute separate dwelling units. A rooming house or boarding house is distinguished from a tourist home in that the former is designed to be occupied by longer term residents (at least month-to-month tenants) as opposed to overnight or weekly guests.

(13)

Buffer. An area of natural or planted vegetation through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. The buffer is measured landward from the normal pool elevation of impounded structures and from the bank of each side of streams and rivers. The width of buffer areas are established pursuant to the requirements of Section 180.9(e).

(14)

Buffer yard. A strip of land which is established to separate one (1) type of land use from another type of land use and which contains natural or planted vegetation, berms, walls, or fences in accordance with the provisions of Section 306 and Section 307.

(15)

Building. A structure designed to be used as a place of occupancy, storage or shelter.

(16)

Building, accessory. A minor building that is located on the same lot as a principal building and that is used incidentally to a principal building or that houses an accessory use.

(17)

Building, principal. The primary building on a lot or a building that houses a principal use.

(18)

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.) Built-upon area requirements for watershed overlay districts are delineated in Sections 180.9(b)2. and (c)2.

(19)

Certify. Whenever this chapter [appendix] requires that some agency certify the existence of some fact or circumstance to the town, the town may require that such certification be made in any manner that provides reasonable assurance of the accuracy of the certification. By way of illustration, and without limiting the foregoing, the town may accept certification by telephone from some agency when the circumstances warrant it, or the town may require that the certification be in the form of a letter or other document.

(20)

Child care home. A home for not more than six (6) orphaned, abandoned, dependent, abused, or neglected children, together with not more than two (2) adults who supervise such children, all of whom live together as a single housekeeping unit.

(21)

Child care institution. An institutional facility housing more than six (6) orphaned, abandoned, dependent, abused, or neglected children.

(22)

Circulation area. That portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the circulation area.

(23)

Clubs and lodges. An incorporated or unincorporated association for civic, social, cultural, fraternal, literary, political, recreational, or like activities, operated on a nonprofit basis for the benefit of its members.

(24)

Cluster development. The grouping of buildings in order to conserve land resources and provide for innovation in the design of the project. General requirements are provided in Section 187 and for watershed overlay districts, Section 180.9(d).

(25)

Combination use. A use consisting of a combination on one (1) lot of two (2) or more principal uses separately listed in the Table of Permissible Uses, Section 146. (Under some circumstances, a second principal use may be regarded as accessory to the first, and thus a combination use is not established. See Section 150. In addition, when two (2) or more separately owned or separately operated enterprises occupy the same lot, and all such enterprises fall within the same principal use classification, this shall not constitute a combination use.)

(26)

Conditional use permit. A permit issued by the town council that authorizes the recipient to make use of property in accordance with the requirements of this chapter [appendix] as well as any additional requirements imposed by the council.

(27)

Convenience store. A one-story, retail store containing less than two thousand (2,000) square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a "supermarket"). It is designed to attract and depends upon a large volume of "stop and go" traffic. Illustrative examples of convenience stores are those operated by the "Fast Fare," "7-11" and "Pantry" chains.

(28)

Council. The Town Council of the Town of Tarboro.

(29)

Critical area. The area adjacent to a water supply intake where risk associated with pollution is greater than for the remaining portions of the watershed. The critical area is defined as extending one-half (½) mile upstream from and draining to the town Tar River public water supply intake or the ridge line of the watershed (whichever comes first). The town 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 (½) mile.

(30)

Day care center. A child day care facility as defined in General Statutes, (G.S.) Section 110-86(3) as well as a center providing day care on a regular basis for more than two (2) hours per day for more than five (5) adults. See Section 164 for specific provisions related to day care centers.

(31)

Developer. A person who is responsible for any undertaking that requires a zoning permit, special use permit, conditional use permit, or sign permit.

(32)

Development. That which is to be done pursuant to a zoning permit, special use permit, conditional use permit, or sign permit.

(33)

Dimensional nonconformity. A nonconforming situation that occurs when the height, size, or minimum floor space of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located.

(34)

Drainageway. Any perennial stream, water course, channel, ditch or similar physiographic feature draining water from the land.

(35)

Driveway. That portion of the vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not part of the vehicle accommodation area.

(36)

Duplex. See Residence, duplex.

(37)

Dwelling unit. An enclosure containing sleeping, kitchen, and bathroom facilities designed for and used or held ready for use as a permanent residence by one (1) family.

(38)

Existing development. Those projects that are built or those projects that at a minimum have established a vested right under state zoning law as of July 1, 1993, based on at least one (1) of the following criteria:

a.

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

b.

Having an outstanding valid building permit as authorized by the General Statutes (G.S. 160A-385.1); or

c.

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

(39)

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

(40)

Expenditure. A sum of money paid out in return for some benefit or to fulfill some obligation. The term also includes binding contractual commitments to make future expenditures, as well as any other substantial changes in position.

(41)

Extraterritorial planning area. That portion of the town's planning jurisdiction that lies outside the corporate limits of the town.

(42)

Family. One (1) or more persons related by blood, adoption or marriage, or a group of not more than four (4) persons not related by blood, adoption, or marriage, living together as a single housekeeping group in a dwelling unit.

(42.1)

Fence: A physical barrier or enclosure consisting of wood, stone, brick, block, wire, metal or similar material, used as a boundary or means of protection or confinement, but not including a hedge or other vegetation.

(43)

Floor. The top surface of an enclosed area in a building (including basement), i.e. top of slab in concrete slab construction or top of wood flooring in a frame construction. The term does not include the floor of a garage used solely for parking vehicles.

(44)

Gross floor area. The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

(45)

Halfway house. A home for not more than nine (9) persons who have demonstrated a tendency toward alcoholism, drug abuse, mental illness (as defined in G.S. Section 35-.17(30)), or antisocial or criminal conduct, together with not more than two (2) persons providing supervision and other services to such persons, all of whom live together as a single housekeeping unit.

(46)

Handicapped or infirm home. A residence within a single dwelling unit for at least two (2) but not more than six (6) persons who are physically or mentally handicapped or infirm, together with not more than two (2) persons providing care or assistance to such persons, all living together as a single housekeeping unit. Persons residing in such homes, including the aged and disabled, principally need residential care rather than medical treatment.

(47)

Handicapped or infirm institution. An institutional facility housing and providing care or assistance for more than six (6) persons who are physically or mentally handicapped or infirm. Persons residing in such homes, including the aged or disabled, principally need residential care rather than medical treatment.

(48)

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

(49)

High-volume traffic generation. All uses in the 2.000 classification other than low-volume traffic generation uses.

(50)

Highest adjacent grade. The highest natural elevation of the ground surface, prior to construction, next to proposed walls of the structure.

(51)

Home occupation. A commercial activity that is conducted by a person on the same lot (in a residential district) where such person resides; and is not so insubstantial or incidental or is not so commonly associated with the residential use as to be regarded as an accessory use (see Section 150), but that can be conducted without any significantly adverse impact on the surrounding neighborhood.

Without limiting the generality of the foregoing, a use may not be regarded as having an insignificantly adverse impact on the surrounding neighborhood if:

(i)

Goods, stock in trade, or other commodities are displayed;

(ii)

Any on-premises retail sales occur;

(iii)

More than one (1) person, not a resident on the premises, is employed in connection with the purported home occupation;

(iv)

It creates objectionable noise, fumes, odor, dust or electrical interference; or

(v)

More than thirty-three and one-third (33 1/3 ) percent of the total gross floor area of residential buildings or more than one thousand two hundred (1,200) square feet of gross floor area (whichever is less), is used for home occupation purposes.

The following is a nonexhaustive list of examples of enterprises that may be home occupations if they meet the foregoing definitional criteria:

(i)

The office or studio of a photographer, accountant, artist, musician, lawyer, architect, engineer, salesman, teacher, or similar professional;

(ii)

Workshops, greenhouses, or kilns;

(iii)

Dressmaking; or

(iv)

Secretarial services.

(52)

Intermediate care home. A facility maintained for the purpose of providing accommodations for not more than nine (9) occupants needing medical care and supervision at a lower level than that provided in a nursing care institution, but at a higher level than that provided in institutions for the handicapped or infirm.

(53)

Intermediate care institution. An institutional facility maintained for the purpose of providing accommodations for more than nine (9) persons needing medical care and supervision at a lower level than that provided in a nursing care institution, but at a higher level than that provided in institutions for the handicapped or infirm.

(53.1)

Internet café. A physical location which may also operate as a conventional café serving food and drink where one can use a computer with internet access usually for a fee on a monthly, daily, hourly or per minute basis. Also used as gaming centers and/or locations to operate sweepstakes.

(54)

Kennel. A commercial operation that provides food and shelter and care of animals for purposes not primarily related to medical care (a kennel may or may not be run by or associated with a veterinarian); or engages in the breeding of animals for sale.

(55)

Landfill. A facility for the disposal of solid waste on land in a sanitary manner in accordance with Chapter 130A Article 9 of the North Carolina General Statutes. For the purpose of this ordinance, this term does not include composting facilities.

(56)

Loading and unloading area. That portion of the vehicle accommodation area used to satisfy the requirements of Section 300.

(57)

Lot. A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or a recorded map, and which is recognized as a separate legal entity for purposes of transfer of title.

If a public body or any authority with the power of eminent domain condemns, purchases, or otherwise obtains fee simple title to or a lesser interest in a strip of land cutting across a parcel of land otherwise characterized as a lot by this definition, or a private road is created across a parcel of land otherwise characterized as a lot by this definition, and the interest thus obtained or the road so created is such as effectively to prevent the use of this parcel as one (1) lot, then the land on either side of this strip shall constitute a separate lot.

Subject to Section 123, the permit-issuing authority and the owner of two (2) or more contiguous lots may agree to regard the lots as one (1) lot if necessary or convenient to comply with any of the requirements of this ordinance.

(58)

Lot area. The total area circumscribed by the boundaries of a lot, except that when the legal instrument creating a lot shows the boundary of the lot extending into a public street right-of-way, then the lot boundary for purposes of computing the lot area shall be the street right-of-way line, or if the right-of-way line cannot be determined, a line running parallel to and thirty (30) feet from the center of the travelled portion of the street; and in a residential district, when a private road that serves more than three (3) dwelling units is located along any lot boundary, then the lot boundary for purposes of computing the lot area shall be the inside boundary of the travelled portion of that road.

(59)

Low-volume traffic generation. Uses such as furniture stores, carpet stores, major appliance stores, etc. that sell items that are large and bulky, that need a relatively large amount of storage or display area for each unit offered for sale, and that therefore generate less customer traffic per square foot of floor space than stores selling smaller items.

(60)

Major variance. A variance from watershed overlay district requirements that results in any one (1) or more of the following:

a.

The complete waiver of any of the management requirements outlined in Section 180.9(b), (c), (e) and (f).

b.

The relaxation, by a factor of more than ten (10) percent, of any of the above-referenced management requirements that takes the form of a numerical standard.

c.

The relaxation of any above-referenced management requirement that applies to a development proposal intended to qualify under the high density option authorized in Section 180.9(i).

Note: This definition is applicable only to variances from requirements delineated for watershed overlay districts.

(61)

Manufactured home. A dwelling unit that is composed of one (1) or more components, each of which was substantially assembled in a manufacturing plant and designed for installation or assembly and installation on the building site.

(62)

Manufactured home, Class A. A dwelling unit constructed with one (1) or more components which are prefabricated and hauled to the site, that are capable of producing a dwelling which is indistinguishable from conventionally built homes and which meets the construction requirements of the North Carolina Uniform Residential Building Code, as amended.

(63)

Manufactured home, Class B. A dwelling unit that:

(i)

Is not constructed in accordance with the requirements of the North Carolina Uniform Residential Building Code, as amended; and

(ii)

Is composed of two (2) or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site; and

(iii)

Meets or exceeds the construction standards of the U.S. Department of Housing and Urban Development; and

(iv)

Conforms to the following appearance criteria:

a.

The manufactured home has a minimum width, as assembled on the site, of twenty (20) feet;

b.

The pitch of the manufactured home's roof has a minimum vertical rise of three (3) inches for each twelve (12) inches of horizontal run, and the roof is finished with asphalt or fiberglass shingles;

c.

The exterior siding of the manufactured home is of a color, material, and scale comparable with those in the immediate vicinity, and in no case does the degree of reflectivity of the exterior finish exceed that of a gloss white paint;

d.

A continuous, permanent masonry curtain wall, unpierced except for required ventilation and access, is installed under the manufactured home; and

e.

The tongue, axles, transporting lights, and removable towing apparatus are removed after placement on the lot and before occupancy.

(64)

Manufactured home, Class C. Any manufactured home that does not meet the definitional criteria of a Class A or Class B manufactured home but which, at a minimum, exceeds thirty-two (32) feet in length and eight (8) feet in width.

(65)

Manufactured home park. A residential use in which more than one (1) Class B or Class C manufactured home is located on a single lot. See Section 159 for specific provisions related to manufactured home parks.

(65.1)

Manufactured office buildings. Class B and C manufactured office buildings designed as office trailers in all B-1, B-2, and B-3 zoning districts prohibited as permanent structures.

(65.2)

Mental health and substance abuse treatment centers. Establishments administered by the N.C. Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, which provide services for adults and children to meet the treatment needs of the individual consumer in a structured setting. These services include therapeutic or rehabilitation goals and individually specific treatment objectives designed to enable the consumer to maintain his or her residence in a non-institutional setting or to function successfully in a mainstream educational setting. Consumers may be residents of their own home, a substitute home, or a group care setting; however the day treatment must be provided in a setting separate from the consumer's residence. This use does not include "adult day care centers" which are defined and regulated separately by this ordinance.

(65.3)

Microbrewery. A small facility for the brewing of beer that produces less than fifteen thousand (15,000) barrels per year. It may often include a tasting room and retail space to sell the beer to patrons on the site.

(66)

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

(67)

Nonconforming lot. A lot existing at the effective date of this chapter [appendix] (and not created for the purposes of evading the restrictions of this chapter [appendix]) that does not meet the minimum area requirement of the district in which the lot is located.

(68)

Nonconforming project. Any structure, development, or undertaking that is incomplete at the effective date of this chapter [appendix] and would be inconsistent with any regulation applicable to the district in which it is located if completed as proposed or planned.

(69)

Nonconforming situation. A situation that occurs when, on the effective date of this chapter [appendix], any existing lot or structure or use of an existing lot or structure does not conform to one (1) or more of the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a nonconforming situation may arise because a lot does not meet minimum acreage requirements, because structures exceed maximum height limitations, because the relationship between existing buildings and the land (in such matters as density and set-back requirements) is not in conformity with this chapter [appendix], because signs do not meet the requirements of this chapter [appendix] (Article XVII), or because land or buildings are used for purposes made unlawful by this chapter [appendix].

(70)

Nonconforming use. A nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located. (For example, a commercial office building in a residential district may be a nonconforming use.) The term also refers to the activity that constitutes the use made of the property. (For example, all the activity associated with operating a bakery in a residentially zoned area constitutes a nonconforming use.)

(71)

Nursing care home. A facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to not more than nine (9) persons.

(72)

Nursing care institution. An institutional facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to more than nine (9) persons.

(73)

Outreach facility. A place to provide temporary sleeping accommodations for transient persons or for persons who have been displaced from their dwellings due to various unusual circumstances, and in which other outreach programs may be operated.

(74)

Parking area aisles. A portion of the vehicle accommodation area consisting of lanes providing access to parking spaces.

(75)

Parking space. A portion of the vehicle accommodation area set aside for the parking of one (1) vehicle.

(76)

Penal and correctional facilities. A state or county jail, a local lock-up, a regional or district jail, a juvenile detention home, a detention facility for adults and any other similar facility operated for the confinement of persons awaiting trial or serving sentences.

(77)

Person. An individual, trustee, executor, other fiduciary, corporation, firm, partnership, association, organization, or other entity acting as a unit.

(78)

Planned residential development. A development constructed on a tract of at least two (2) acres under single ownership, planned and developed as an integral unit, and consisting of single-family detached residences combined with either two-family residences or multifamily residences, or both, all developed in accordance with Section 158.

(79)

Planning jurisdiction. The area within the town limits as well as the area beyond the town limits within which the town is authorized to plan for and regulate development, as set forth in Section 3.

(80)

Premises. A single piece of property as conveyed in a deed or a lot or a number of adjacent lots on which is situated a land use, a building, or group of buildings designed as a unit or on which a building or a group of buildings are to be constructed.

(81)

Protected area. The area adjoining and upstream of the watershed critical area in which protection measures are required. The boundaries of the protected area are defined as extending ten (10) miles upstream and draining to the town Tar River public water supply intake or the ridge line of the watershed (whichever comes first). The town may extend the protected area as needed. Major landmarks such as highways or property lines may be used to delineate the outer boundary of the protected area if these landmarks are immediately adjacent to the appropriate outer boundary of ten (10) miles.

(82)

Public water supply system. Any water supply system furnishing potable water to ten (10) or more dwelling units or businesses or any combination thereof.

(83)

Residence, apartments accessory to a commercial use. One (1) to three (3) multifamily dwelling units located within a commercial establishment.

(84)

Residence, duplex. A two-family residential use in which the dwelling units share a common wall (including, without limitation, the wall of an attached garage or porch) and in which each dwelling unit has living space on the ground floor and a separate, ground floor entrance.

(85)

Residence, multifamily. A residential use consisting of a building containing three (3) or more dwelling units. For purposes of this definition, a building includes all dwelling units that are enclosed within that building or attached to it by a common floor or wall (even the wall of an attached garage or porch).

(86)

Residence, multifamily apartments. A multifamily residential use other than a multifamily conversion or multifamily townhome.

(87)

Residence, multifamily conversion. A multi-family residence containing not more than four (4) dwelling units and results from the conversion of a single building containing at least two thousand (2,000) square feet of gross floor area that was in existence on the effective date of this provision and that was originally designed, constructed and occupied as a single-family residence.

(88)

Residence, multifamily townhomes. A multifamily residential use in which each dwelling unit shares a common wall (including without limitation the wall of an attached garage or porch) with at least one (1) other dwelling unit and in which each dwelling unit has living space on the ground floor and a separate, ground floor entrance.

(89)

Residence, primary with accessory apartment. A residential use having the external appearance of a single-family residence but in which there is located a second dwelling unit that comprises not more than twenty-five (25) percent of the gross floor area of the building, nor more than a total of seven hundred fifty (750) square feet.

(90)

Residence, single-family attached. A residential use consisting of dwelling units attached side-by-side and sharing common walls.

(91)

Residence, single-family detached, more than one (1) dwelling per lot. A residential use consisting of two (2) or more single-family detached dwelling units on a single lot.

(92)

Residence, single-family detached, one (1) dwelling unit per lot. A residential use consisting of a single detached building containing one (1) dwelling unit and located on a lot containing no other dwelling units.

(93)

Residence, two-family. A residential use consisting of a building containing two (2) dwelling units. If two (2) dwelling units share a common wall, even the wall of an attached garage or porch, the dwelling units shall be considered to be located in one (1) building.

(94)

Residence, two-family apartment. A two-family residential use other than a duplex, two-family conversion, or primary residence with accessory apartment.

(95)

Residence, two-family conversion. A two-family residence resulting from the conversion of a single building containing at least two thousand (2,000) square feet of gross floor area that was in existence on the effective date of this provision and that was originally designed, constructed and occupied as a single-family residence.

(96)

Road. All private ways used to provide motor vehicle access to two (2) or more lots, or two (2) or more distinct areas or buildings in unsubdivided developments.

(97)

Rooming house. (See Boarding house. )

(98)

Satellite dish antenna. An antenna and attendant processing equipment for reception of electronic signals from satellites.

(99)

Shopping center. A group of commercial establishments planned, developed, and managed as a unit with a unified design of buildings and with coordinated parking and service areas.

(100)

Sign. Any device that (i) is sufficiently visible to persons not located on the lot where such device is located to accomplish either of the objectives set forth in subdivision (ii) of this definition; and (ii) is designed to attract the attention of such persons or to communicate information to them.

(101)

Sign, freestanding. A sign that is attached to, erected on, or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure having a principal function other than the support of a sign. A sign that stands without supporting elements, such as a "sandwich sign," is also a freestanding sign.

(102)

Sign, nonconforming. A sign that, on the effective date of this chapter [appendix], does not conform to one (1) or more of the regulations set forth in this chapter [appendix], particularly Article XVII, Signs.

(103)

Sign, off-premises. A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other activity that is conducted, sold or offered at a location other than the premises on which the sign is located. Off-premises signs are not permitted unless specifically exempt in accordance with Section 272.

(104)

Sign permit. A permit issued by the land use administrator that authorizes the recipient to erect, move, enlarge, or substantially alter a sign.

(105)

Sign, temporary. A sign that is used in connection with a circumstance, situation, or event that is designed, intended or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign; or is intended to remain on the location where it is erected or placed for a period of not more than fifteen (15) days. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary.

(105.1)

Solar energy facility, major. A facility for the production of electrical energy or solar heat that is not a minor solar energy facility.

(105.2)

Solar energy facility, minor. A facility for the production of electrical energy or solar heat that (i) is located on the power beneficiary's premises; and (ii) is intended primarily to offset part or all of the beneficiary's requirements for electricity/gas, or is a non-residential rooftop facility; and (iii) is secondary to the beneficiary's use of the premises for other lawful purposes.

(106)

Special events. Circuses, fairs, carnivals, festivals, religious services using a tent, or other types of special events that run for longer than one (1) day but not longer than two (2) weeks, are intended to or likely to attract substantial crowds, and are unlike the customary or usual activities generally associated with the property where the special event is to be located. See Section 180.1 for specific provisions related to special events.

(107)

Special use permit. A permit issued by the planning board that authorizes the recipient to make use of property in accordance with the requirements of this chapter [appendix], as well as any additional requirements imposed by the planning board.

(108)

Street. A public street or a street with respect to which an offer of dedication has been made.

(109)

Street, arterial. A major street in the town's street system that serves as an avenue for the circulation of traffic onto, out, or around the town and carries high volumes of traffic.

(110)

Street, collector. A street whose principal function is to carry traffic between minor, residential and subcollector streets and arterial streets, but that may also provide direct access to abutting properties. It serves or is designed to serve, directly or indirectly, more than one hundred (100) dwelling units and is designed to be used or is used to carry more than eight hundred (800) trips per day.

(111)

Street, cul-de-sac. A street that terminates in a vehicular turn-around.

(112)

Street, residential. A street whose sole function is to provide access to abutting properties. It serves or is designed to serve at least ten (10), but not more than twenty-five (25), dwelling units and is expected to or does handle between seventy-five (75) and two hundred (200) trips per day.

(113)

Street, marginal access. A street that is parallel to and adjacent to an arterial street and that is designed to provide access to abutting properties so that these properties are somewhat sheltered from the effects of the through traffic on the arterial street and so that the flow of traffic on the arterial street is not impeded by direct driveway access from a large number of abutting properties.

(114)

Street, minor. A street whose sole function is to provide access to abutting properties. It serves or is designed to serve not more than nine (9) dwelling units and is expected to or does handle up to seventy-five (75) trips per day.

(115)

Street, subcollector. A street whose principal function is to provide access to abutting properties but is also designed to be used or is used to connect minor and residential streets with collector or arterial streets. Including residences indirectly served through connecting streets, it serves or is designed to serve at least twenty-six (26), but not more than one hundred (100) dwelling units, and is expected to or does handle between two hundred (200) and eight hundred (800) trips per day.

(116)

Structure. Anything constructed or erected.

(117)

Structure, temporary emergency, construction, or repair residence. A structure (which may be a manufactured home) that is:

(i)

Located on the same lot as a residence made uninhabitable by fire, flood, or other natural disaster and occupied by the persons displaced by such disaster; or

(ii)

Located on the same lot as a residence that is under construction or undergoing substantial repairs or reconstruction and occupied by the persons intending to live in such permanent residence when the work is completed; or

(iii)

Located on a nonresidential construction site and occupied by persons having construction or security responsibilities over such construction site. See Section 180.8 for specific provisions related to this type of structure.

(118)

Subdivision. The division of a tract of land into two (2) or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future), and including all divisions of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition nor be subject to the regulations of this chapter [appendix] applicable strictly to subdivisions:

(i)

The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to or exceed the minimum standards set forth in this chapter [appendix];

(ii)

The division of land into parcels greater than ten (10) acres where no street right-of-way dedication is involved; or

(iii)

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

(iv)

The division of a tract in single ownership whose entire area is no greater than two (2) acres into not more than three (3) lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the minimum standards set forth in this chapter [appendix].

(119)

Subdivision, structurally integrated. A subdivision in which approval is obtained not only for the division of land into lots but also for a configuration of principal buildings to be located on such lots. The plans for a structurally integrated subdivision shall show the dimensions, height and location of all such buildings to the extent necessary to comply with the purpose and intent of structurally integrated subdivisions as set forth in Section 188.

(120)

Subdivision, major. Any subdivision other than a minor subdivision.

(121)

Subdivision, minor. A subdivision that does not involve any of the following:

(i)

The creation of more than a total of five (5) lots;

(ii)

The creation of any new public streets;

(iii)

The extension of a public water or sewer system; or

(iv)

The installation of drainage improvements through one (1) or more lots to serve one (1) or more other lots.

(122)

Tourist home. A building occupied by an owner or operator in which rooms are rented for the lodging of transients and travelers for compensation.

(123)

Tower. Any structure whose principal function is to support an antenna.

(124)

Town. The Town of Tarboro.

(125)

Toxic substance. 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.

(126)

Tract. A lot (see definition 45). The term "tract" is used interchangeably with the term "lot," particularly in the context of subdivisions, where one (1) "tract" is subdivided into several "lots."

(127)

Travel trailer. A structure that is intended to be transported over the streets and highways (either as a motor vehicle or attached to or hauled by a motor vehicle), and is designed for temporary use as sleeping quarters, but that does not satisfy one (1) or more of the definitional criteria of a manufactured home.

(128)

Use. The activity or function that actually takes place or is intended to take place on a lot.

(129)

Use, principal. A use listed in the Table of Permissible Uses.

(130)

Use, temporary. A nonpermanent use which customarily accompanies the erection or establishment of a permitted permanent structure or use, or a temporary use of open land. Some temporary uses are further classified as special events (definition 90) or temporary structures (definition 101). Specific provisions related to temporary uses are found in Sections 161, 180.1 and 180.8.

(131)

Utility facilities. Any above-ground structures or facilities (other than buildings, unless such buildings are used as storage incidental to the operation of such structures or facilities) owned by a governmental entity, a nonprofit organization, corporation, or any entity defined as a public utility for any purpose by G.S. Section 62.3 and used in connection with the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, gas, oil, or electronic signals. Excepted from this definition are utility lines and supporting structures listed in Subsection 151(2).

(132)

Utility facilities, community or regional. All utility facilities other than neighborhood facilities.

(133)

Utility facilities, neighborhood. Utility facilities that are designed to serve the immediately surrounding neighborhood and that must, for reasons associated with the purpose of the utility in question, be located in or near the neighborhood where such facilities are proposed to be located.

(134)

Variance. A grant of permission by the planning board that authorizes the recipient to do that which, according to the strict letter of this chapter [appendix], he could not otherwise legally do.

(135)

Vehicle accommodation area. That portion of a lot that is used by vehicles for access, circulation, parking, and loading and unloading. It comprises the total of circulation areas, loading and unloading areas, and parking areas.

(136)

Water-dependent structure. 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.

(137)

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

(138)

Wet detention pond. A pond that has a permanent pool and which also collects stormwater runoff, filters the water, and releases it slowly over a period of days.

(139)

Wholesale sales. On-premises sales of goods primarily to customers engaged in the business of reselling the goods.

(140)

Wooded area. An area of contiguous wooded vegetation where trees are at a density of at least one (1) six-inch or greater caliper tree per three hundred twenty-five (325) square feet of land and where the branches and leaves form a contiguous canopy.

(141)

Zoning permit. A permit issued by the land use administrator that authorizes the recipient to make use of property in accordance with the requirements of this chapter [appendix].

(Ord. No. 92-12, § 1, 9-14-92; Ord. No. 93-9, § 1, 6-7-93; Ord. No. 94-13, § 1, 12-12-94; Ord. No. 95-2, § 1, 2-13-95; Ord. No. 99-3, § 1, 5-10-99; Ord. No. 99-12, § 1, 8-9-99; Ord. No. 01-14, § 1, 7-9-01; Ord. No. 04-06, § 1, 5-10-04; Ord. No. 10-04, § 1, 5-10-10; Ord. No. 12-02, § 1, 5-14-12; Ord. No. 13-03, § 2, 5-13-2013; Ord. No. 13-06, § 2, 6-10-2013; Ord. No. 13-07, § 2, 6-10-2013)