Appendix 1102. Definitions.

For the purpose of this ordinance, the following words and terms have the meanings specified in the following sections.

Terms not herein defined shall have the meanings customarily assigned to them.

Abutting. Sharing a common boundary line or separated by a publicly or privately dedicated road or right-of-way.

Accessory building or structure . A detached subordinate building or structure, the use of which is incidental and secondary to that of the principal building or use on the same lot or tract of land as the principal building or use. Under no circumstances shall an accessory building or structure be used for residential occupancy.

Accessory use. A subordinate use, clearly incidental and related to the principal structure, building or use of land, and located on the same lot as that of the principal structure, building or use.

Adjacent. Nearby, but not abutting.

Adult establishments. An adult bookstore, adult motion picture theatre, adult mini motion picture theatre, adult live entertainment business, or massage business as defined in this section.

(Ord. of 12-6-93)

Adult bookstore. A bookstore:

a.

which receives a majority of its gross income during any calendar month from the sale of publications (including books, magazines, and other periodicals) which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in G.S. 14-202.10.

b.

having as a preponderance of its publications books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in G.S. 14-202.10.

(Ord. of 12-6-93)

Adult live entertainment. Any performance of or involving the actual presence of real people which exhibits specified sexual activities or specified anatomical areas, as defined in G.S. 14-202.10.

(Ord. of 12-6-93)

Adult live entertainment business. Any establishment or business wherein adult live entertainment is shown for observation by patrons.

(Ord. of 12-6-93)

Adult motion picture theatre. An enclosed building or premises used for presenting motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in G.S. 14-202.10, for observation by patrons therein. "Adult motion picture theatre" does not include any adult mini motion picture theatre as defined in this section.

(Ord. of 12-6-93)

Adult mini motion picture theatre. An enclosed building with viewing booths designed to hold patrons which is used for presenting motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined in G.S. 14-202.10, for observation by patrons therein.

(Ord. of 12-6-93)

Adult uses. An establishment which has a majority of its business which excludes minors by reason of age because of the sexually explicit nature of the material. Such establishments include, but are not limited to, adult bookstores, adult theatres (drive-in, picture and mini-picture), massage parlors, adult cabaret, etc.

Animal hospital/veterinary clinic. A place or facility which provides dental, medical or surgical care for dogs, cats and other domesticated animals. Kennels are not included within this definition.

Apartment. A room, or suite of two or more rooms, which is designed or intended for occupancy by, or which is occupied by, one family.

Aquaculture. The use of land for those activities which constitute the raising of seafood for commercial purposes.

Avocational farming. The use of land for those activities which constitute general farming on less than five acres or which have sales less than $3,000.00 for the preceding three years or which have less than ten acres of forest land for which a management plan has been prepared. Avocational farming includes the use of the land for the raising and keeping of animals, reptiles, etc., or the propagation of ornamental plants, fruits and vegetables in a manner which does not constitute specialized animal husbandry or specialized horticulture. Avocational farming does not include home gardening or the keeping of pets, both of which are allowed in any zone. Home gardening and the keeping of pets are customarily accessory uses to the primary use of the land.

Auditorium. A place of assembly to watch and/or listen to athletic events, musical performances, dramatic or dance performances, speeches and/or ceremonies. The term is intended to include such uses as stadiums, coliseums, athletic centers, theatres and arenas.

Bed and breakfast. See Boardinghouse.

Billboard. An outdoor advertising device, sign or display used to advertise information concerning a person, place or thing which is located offsite at another location.

Boardinghouse. A building other than a hotel where, for compensation, meals, or lodging and meals, are provided for five or more guests, but not exceeding nine guests. Bed and breakfasts shall be included in this definition.

Boat. A self-propelled registered or documented vessel or watercraft specifically designed to be self-propelled by engine, sail, oar, paddle or other means which is used to travel from place to place by water.

Bona fide farm. Any tract of land containing at least three acres which is used for dairying or the raising of agricultural products, forest products, livestock (domestic) or poultry, and may include facilities for the sale of such products on the premises where produced, provided that a farm shall not be construed to include commercial poultry and swine production, cattle feed lots and production of fur-bearing animals.

Buffer. A screening device used to moderate the adverse impacts of one land use upon another. Buffers may include walls, privacy fences, hedges, landscaped areas, berms, mounds, or combinations of the above. See section 1601.

(Amd. 11-19-07(4))

Building. A structure having a roof, supported by columns or walls, for the shelter, housing or enclosure of persons, animals or goods as per N.C. Building Code.

Building height. The maximum height of a building permitted on a lot. Building height is determined from the vertical distance as measured from the lowest adjacent grade to the building to the highest point on the building, excluding chimneys, antennas and similar structures (see Section 1604. Structures Permitted above the Height Limit). See Figure below.

(Ord. of 1-10-00)

Building Height

Building line. A line formed by the surface of the ground and the closing wall of a building or portion thereof. Where eaves, carports, terraces, patios, enclosed courts, balconies, decks or other projections or appurtenances are portions of a building and extend beyond the enclosing walls of the building, the building lines shall be the outer face of such projections.

Built-upon area. That portion of an individual development project that is covered by impervious or partially impervious cover including buildings, pavement, recreation facilities, etc., but not including decking as defined in 15 NCAC 2H .1000 (stormwater runoff disposal).

Business residence. One structure consisting of both a residence and business activity. The residence must be physically attached to the business.

Camp, seasonal. A facility intended as a recreational/learning center for use by girl and boy scout groups or others where activities may include riding, swimming, tennis, hiking, crafts or the like. Camp facilities may provide sleeping and eating quarters or may be intended for day use only. Also called "summer camp."

Caretaker. A resident occupant on a business, industrial or mobile home park site who is intended to oversee the ongoing operations of said facility and remain on site continuously for security reasons.

Church. A structure in which persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship.

Club or lodge, private. An establishment operated by a corporation or association of persons for social, recreational, fraternal or charitable purposes, but which is not operated for profit or to render a service which is customarily conducted as a business.

Coastal Area Management Act (CAMA). A state law as defined in G.S. 113A-100 which claims jurisdiction adjacent to coastal waters and other areas of environmental concern. CAMA permits are required for any land-disturbing activities which take place within a prescribed distance from the mean high-water mark.

Commercial feeder operation. An intensive animal raising operation that takes place within a building (e.g., chicken hatchery and swine production).

Community center or civic center . A new or existing facility that is owned or operated by a nonprofit group from the community for noncommercial activity.

Compactor, trash. See trash receptacle.

(Amd. of 11-19-07(4))

Conditional use. A use, allowed pursuant to section 3200, which, owing to some special characteristics attendant to its operation or installation, is permitted in a district subject to approval by the Carteret County Board of Commissioners, and subject to special requirements different from those usual requirements for the district in which the conditional use may be located.

Condominium. Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interest in the common elements is vested in the unit owners.

Condominium unit. A physical portion of the condominium designated for separate ownership or occupancy, the boundaries of which are described pursuant to G.S. 47C-2-105(a)(5).

Day care center. An agency, organization or individual providing preschool instruction or daytime care to adults and/or children not related by blood or marriage, or not the legal wards or foster children of, the attendant adult at any place other than an occupied dwelling in which the occupant provides day care or any place which provides care for more than 15 children/adults.

Day care center, family. An occupied dwelling in which the occupant provides preschool instruction or daytime care to six to 15 children and/or adults not related by blood or marriage, or not the legal wards or foster children of, the attendant adult.

Dedication. A transfer of, or restriction of an interest in land, by the owner for a specified purpose or purposes. Because a transfer of property is entailed, dedication must be made by written instrument or by operation of law and is completed with an acceptance.

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

Drive-in service window. A customer service facility designed for the convenience of the motoring public as an accessory part of an office or retail establishment which is intended to enable the customer to transact business with a salesperson located within the principal structure without exiting the motor vehicle. It is presumed that the motor vehicle exits the premises immediately upon completion of the business transaction.

Drystack boat storage. A dry dock boat storage facility.

(Amd. of 3-19-07(3))

Dumpster. See trash receptacle.

(Amd. of 11-19-07(4))

Duplex. A building designed, constructed or reconstructed for use as two dwelling units that are connected by a common structural or load-bearing wall. Also known as dwelling, two-family.

Dwelling, single-family. A building, or portion thereof, designed and constructed for use as one dwelling unit built according to the provisions of the N.C. Residential Building Code (Volume 1B). A single-family dwelling may contain an efficiency unit as defined in this section.

.1

Detached. A single-family dwelling which is unattached from another single-family dwelling.

.2

Attached. A one-family dwelling that is connected on at least one side by means of a common dividing structural or load-bearing wall to one or more other one-family dwellings.

Dwelling, multifamily. A building designed, constructed or reconstructed, and used for three or more dwelling units.

(Ord. of 7-19-10(2))

Dwelling unit. A room or group of rooms, including mobile homes and modular units, forming a single independent habitable unit with facilities used or intended to be used for living, sleeping, cooking and eating by one family; for owner occupancy or for rental, lease or other occupancy on a weekly or longer basis, and containing independent cooking, sanitary and sleeping facilities. Units otherwise meeting this definition but occupied by transients on a rental or lease basis for periods of less than one week shall be construed to be lodging units.

Easement. A grant of rights by a property owner to another entity to make limited use of a portion of real property for a specified purpose.

Efficiency unit. An additional dwelling unit within a single-family dwelling that shall be allowed in all residential zones if the following criteria are met:

1.

The efficiency unit contains no more than 25 percent of the gross heated and/or cooled floor area of the total dwelling;

2.

The lot meets the minimum lot size requirements of the zoning district in which it is located. See section 3101.

Equipment rental and storage . Any machinery (including but not limited to tractors, lifts, skid steers, excavators), tools, vehicles, trailers (utility/hauling), or other items necessary for construction or other related practices.

(Added 3-21-16)

Family. An individual, or two or more persons related by blood, marriage or adoption living together as a single housekeeping unit; or a group of not more than six persons, who need not be related by blood, marriage or adoption, living together as a single housekeeping unit.

Family care home. A home with support and supervisory personnel that provides room and board, personal care and habilitation services in a family environment for not more than six resident handicapped persons. (Handicapped person means a person with a temporary or permanent physical, emotional or mental disability, including but not limited to, mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances and orthopedic impairments, but not including mentally ill persons who are dangerous to others.)

Fence. A structure, other than a building, that is a barrier and is used as a boundary, screening, or means of protection or confinement. This definition includes chain-link, split rail, and other types of open fences, unless otherwise specified. A fence functions like a fence but is usually 6 inches or thinner.

(Amd. of 11-19-07(4))

Fence, privacy . A fence with no gaps in the structure that are wider than one-quarter inch, except at the edges of the gate. A privacy fence is usually made from solid materials including, but not limited to, brick, masonry products, and wood.

(Amd. of 11-19-07(4))

Fishing ranch. A pond or lake, or series thereof, used for the extraction of fish for recreational purposes and opened to the general public on a commercial basis, not to include hatchery facilities or operations.

Floating structure (floating home). Any structure, not a boat, supported by means of flotation, designed to be used without a permanent foundation, which is used or intended for human habitation or commerce. A structure will be considered a floating structure when it is inhabited or used for commercial purposes for more than thirty days in any one location. A boat may be deemed a floating structure when its means of propulsion has been removed or rendered inoperative and it contains at least 200 square feet of living space area. (15 NCAC .07M.0600)

Floor area, gross. The sum of the horizontal areas of the several floors of the building, or portion thereof, devoted to such use.

Floor area, net. Net floor area shall equal gross floor area minus floor area devoted primarily to storage purposes.

Golf course. A tract of land designed and laid out for the game of golf, involving accessory uses and buildings.

Government uses. All public service uses/buildings at the federal, state, and local levels. Local to include city, county, sanitary districts and service districts.

(Ord. of 6-1-92)

Group care facility. A facility licensed by the appropriate state agency as a group care facility for from seven to 15 unrelated individuals, excluding supervisory personnel, who are handicapped, aged or disabled and are undergoing rehabilitation, or extended care, and are provided services to meet their specific needs. This category includes group homes for all ages, half-way houses, foster and boarding homes.

Group development. One or more principal structures built on a single lot, tract or parcel of land and designed for occupancy by more than one separate family, firm, business or other enterprise.

Group home. A residential home provided by an agency, organization or individual for persons who need sheltered living conditions for rehabilitation or extended care purposes.

Health services. Establishments of licensed practitioners, or licensed persons independently practicing a profession, primarily engaged in rendering medical, surgical and other health-related and allied personal care services in the health field (e.g., physicians, physical therapists).

Home for the aged. An agency, organization or individual providing care for three or more sick or aged persons not related by blood or marriage to the operator.

Home occupation. An occupation, service, profession, or enterprise carried on by resident members of a family and not more than two non-resident employees. An accessory use of residential property that is clearly incidental and subordinate to the principal residential use of the property. Kennel, vehicle repair, veterinarian, and wrecker services are not a home occupation. A home occupation does not include any use that stores materials, supplies, and the like anywhere except within a completely-enclosed structure that is customary to a residential use.

(Ord. of 12-19-11(5))

Home occupation (major). A home occupation that has or might have a noticeable impact on the surrounding residential area, as determined by the planning director or designee, such as:

a.

Bed-and-breakfast residence.

b.

Business and installation services that use or house two or more trucks and/or utility trailers on the property, including (but not limited to) appliance repair, computer services, construction services, electric contractors, heating and/or air conditioning, lawn care and/or landscaping, painting, pest control, pool services, plumbing, remodeling, roofing, satellite TV service, solar panels installation, tool suppliers, vending machine resuppliers, and wind turbines installation.

c.

Day-care for seven or more individuals, whether adults or children.

d.

Personal business with more than one non-resident employee that provides one or more of the following types of services: Advertising, answering services, bookkeeping, burglar alarms, consultant services, customer service representative, financial advice, housekeeping service, insurance services, internet services, legal services, locksmith, software development, on-line retail (depending on whether pick-up and/or delivery is off-site or on-site), pet-grooming, real estate management, real estate office, résumé service, seamstress, secretarial services, septic and sewer services, staffing service, tax service, taxi cab services, and travel agencies.

e.

Professional services, including (but not limited to) barbers, beauticians, dental facilities, medical facilities, nails, photographers, physical therapy facilities, and tattoos.

f.

Home occupation that requests or uses a sign.

g.

Other, as determined by the planning director or designee.

(Ord. of 12-19-11(5))

Home occupation (minor). A home occupation that has little or no impact on the surrounding residential area, as determined by the planning director or designee, such as:

a.

Business and installation services that use or house not more than one truck or one truck with utility trailer on the property, including (but not limited to) appliance repair, computer services, construction services, electric contractors, heating and/or air conditioning, lawn care and/or landscaping, painting, pest control, pool services, plumbing, remodeling, roofing, satellite TV service, solar panels installation, tool suppliers, vending machine resuppliers, and wind turbines installation.

b.

Day-care for six or fewer individuals, whether for adults or children.

c.

Home craft businesses, including (but not limited to) artists, sculptors, and dressmakers.

d.

Instructional services, including (but not limited to) music, art, dance, personal training, tutoring, and voice.

e.

Personal business with no more than one non-resident employee that provides one or more of the following types of services: Advertising, answering services, bookkeeping, burglar alarms, consultant services, customer service representative, financial advice, housekeeping service, insurance services, internet services, legal services, locksmith, software development, on-line retail (depending on whether pick-up and/or delivery is off-site or on-site), pet-grooming, real estate management, real estate office, résumé service, seamstress, secretarial services, septic and sewer services, staffing service, tax service, taxi cab services, and travel agencies.

f.

Other, as determined by the planning director or designee.

(Ord. of 12-19-11(5))

Home occupation, traditional. Traditional and/or historic home occupations unique to given areas including, but not limited to, small craft wooden boat builders, fishermen, wood carving, artisan, food canning, and the like that are conducted on-site and may be conducted in an accessory structure.

(Ord. of 12-19-11(5))

Horticulture, specialized. The use of land for the propagation of ornamental plants and other nursery products such as bulbs, florist greens, flowers, shrubbery, flower and vegetable seeds, plants and sod and fruits and vegetables grown primarily under cover (e.g., greenhouses).

Hotel, motel, motor lodge, motor inn, inn, tourist court. A building or group of attached or detached buildings containing, in combination, ten or more lodging units or ten or more dwelling units intended primarily for rental or lease to transients by the day or week, as distinguished from multifamily dwellings, roominghouses and residential hotels in which rentals and leases are for weekly or longer periods and occupants are generally residents rather than transients.

Hotel, residential. A building or group of attached or detached buildings containing, in combination, ten or more lodging units available for occupancy only for periods of 30 days or longer, provided, however, that temporary lodging units for guests of regular tenants may be provided in any residential hotel, with the number of such units limited to ten percent of the number of tenant lodging units.

Junked or wrecked motor vehicles. Motor vehicles which do not display a current license plate or a current registration sticker and which do not display a current inspection sticker issued by or in the same state as the license plate or registration sticker and which either:

.1

Are partially dismantled or wrecked; or

.2

Cannot be self-propelled or moved in the manner in which originally intended.

Junkyard. An establishment operated or maintained for the purpose of storing, dismantling, salvaging, recycling, buying or selling scrap or used materials such as paper, metals, rubber, rags, glass, wrecked, used or dismantled products and articles such as machinery, vehicles, appliances and the like.

Kennel. A place or facility prepared to house, board (for a long or short time period), breed, handle, train or otherwise keep or care for dogs and cats belonging to the owner or occupant of the property, customers, patrons or others, including lost or strayed animals, for compensation or as a humanitarian gesture. Facilities which provide dental, medical or surgical care are exempt from this definition, as well as facilities which breed animals exclusively for the purpose of hunting, showing or bettering blood lines for AKC registration.

Landfill. A site within which is deposited solid waste material, including trash, construction debris, stumps, branches and limbs, garbage and industrial waste.

Lodging unit. A room or rooms connected together, constituting a separate lodging for one family only, physically separated from any other rooms or dwelling or lodging units. Where two or more rooms are connected by a doorway or doorways, and arranged, equipped and furnished in such a manner that they might reasonably be rented, leased or occupied, either individually or in combination, each room shall be construed as a lodging unit (e.g., hotel and motel rooms).

Lot. A portion of a subdivision, or any other parcel of land intended as a unit for transfer of ownership or for development or both. In determining the area and dimensions of the lot, no part of the right-of-way of a road may be included.

Lot area. The total horizontal area within the lot lines of a lot exclusive of street or highway rights-of-way and/or property below the mean high-water mark.

Lot, corner. A lot which occupies the interior angle at the intersection of two street lines which make an angle of less than 135 degrees with each other.

Lot line, front. In the case of an interior lot, the lot line separating said lot from the street; in the case of a corner lot or through lot, the lot line separating said lot from that street which is designated as the front street in the request for a building permit.

Lot line, rear. The lot line opposite and most distant from the front lot line; in the case of irregularly shaped lots, such lot line shall be an imaginary line parallel to the front line but not less than ten feet along and measured within said lot.

Lot line, side. Any lot line which is not a front lot line or a rear lot line; a lot line separating a lot from a side street is an exterior side lot line, while a lot line separating a lot from another lot or lots, is an interior side lot line.

Lot, nonconforming. A lot of record existing at the time regulations were passed requiring greater minimum width or area than provided on such lot, or establishing other limitations which such lot does not meet. Such lots may be considered substandard lots of record.

Lot, non-legal for zoning purposes. A lot which does not meet the requirements of a nonconforming lot and is substandard. No such lot shall be used or occupied until it is made to conform to the requirements of this ordinance and other applicable regulations (e.g., a lot which is illegally subdivided and does not meet the minimum lot size requirement for the district in which it is located).

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 of Carteret County prior to the adoption of this ordinance, or a lot described by metes and bounds, the description of which has been recorded prior to the adoption of this ordinance.

Lot width. The distance between the side lot lines, measured along the front setback line as established by this ordinance.

Mail order house. Establishment primarily engaged in the retail sale of products by catalog and mail order, and including catalog and order taking offices.

Manufactured home. See Mobile home.

Marina, commercial. Any dock or basin and associated structures providing permanent or temporary commercial harboring of ten or more commercial and/or pleasure boats on a primarily rental basis and providing services related to the facility including, but not limited to, fuel sales, retail and food sales, drystack boat storage, and other related services. Pump-out facilities are required at commercial marinas. See section 3117. (Amended 3-19-07)

Marina, residential. A private, nonprofit boating facility including permanent or temporary docks, piers and/or launching ramp planned for the harboring or storing of ten or more boats on property having water frontage, the use of which is intended to serve primarily the residents within an approved subdivision or planned unit development. The facility is intended to serve units that have a legal interest in the subdivision. No commercial activities of any kind shall be allowed within the confines of the facility. This shall include, but is not limited to, drystack boat storage, fuel sales, slip rentals and the like. Pump-out facilities shall be required. See section 3105.

Massage. The manipulation of body muscle or tissue by rubbing, stroking, kneading, or tapping, by hand or mechanical device.

(Ord. of 12-6-93)

Massage business. Any establishment or business wherein massage is practiced, including establishments commonly known as health clubs, physical culture studios, massage studios, or massage parlors.

(Ord. of 12-6-93)

Mobile home. A structure over 32 feet in length and over eight feet wide which is transportable in one or more sections, built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. The term "mobile home" does not include a "recreational vehicle." Also known as manufactured home.

Mobile home park. A parcel of land, more than three acres, under single ownership which has been planned and improved for the placement of two or more one-story modular homes on-frame or chassis or mobile homes for dwelling purposes. This definition shall not include mobile home sales lots on which unoccupied mobile homes are parked for the purpose of inspection and sale.

(Amd. of 2-15-10(3))

Mobile home space/lot. A parcel of land occupied or intended to be occupied by one and only one single-story modular home on-frame or chassis or mobile home for the exclusive use of the occupants of said mobile home or modular home. Mobile home space shall also mean a parcel of land in a mobile home park provided with the necessary utility connections, patio, and other appurtenances necessary for the erection thereon of only one single-story modular home on-frame or chassis or mobile home, and for the exclusive use of the occupants of said mobile home or modular home.

(Amd. of 2-15-10(3))

Mobile home stand. That part of an individual mobile home space which has been reserved for the placement of the mobile home and additions or attachments thereto.

Model unit marketing center. A model unit marketing center shall be defined as a model unit, including model homes, mobile homes and group housing units, located within a particular development project only for the marketing and sales of said approved development project. See section 3122.

Modular home. A dwelling unit constructed in accordance with the standards set forth in the North Carolina State Building Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. A modular home may consist of two or more sections, or a series of panels or room sections erected or joined together on the site.

(Amd. of 2-15-10(3))

Motor vehicle repair garage. An establishment where the following services are available: major mechanical repairs, including engine overhaul and transmission work. Repair garages can also offer services similar to service stations.

Motor vehicles service station. An establishment where gasoline, diesel oil and/or other fuel for internal combustion engines is supplied and dispersed at retail. A service station is not a repair garage nor a body shop. Uses permissible at a service station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles or trucks not in operating condition or other operations involving noise, glare, smoke, fumes or other characteristics to an extent greater than normally found in service stations.

Mound. A rounded hill, natural formation, or man-made bank or hill of earth and/or stones.

(Amd. of 11-19-07(4))

Non-conforming building or structure . An existing building or structure which does not comply with this ordinance either at the effective date of this ordinance or as a result of subsequent amendments which may be incorporated in this ordinance.

Non-conforming use. The use of a building, structure or lot for a purpose that does not conform to the use regulations of this ordinance for the district in which it is located, either at the effective date of this ordinance or as a result of subsequent amendments which may be incorporated in this ordinance.

Non-profit educational cooperative. An organization operated on a nonprofit basis whose purpose is to acquire, produce and distribute instructional materials for the benefit of its member institutions. Membership consists primarily of fully accredited schools of health, education, social, legal environmental and/or engineering sciences in institutions of higher learning. Onsite faculty development workshops and fellowship training programs may also be provided as part of the organization's purpose.

Nursing/convalescent home. A facility, licensed by the appropriate state agency for the care of aged or infirmed individuals, that meets the requirements set forth in this ordinance.

Overnight recreational vehicle and/or camping vehicle storage . An open area for the storage of RVs, trailers, and/or camping vehicles.

(Added 9-21-15)

Package treatment plant. Privately or publicly owned and operated sewage treatment facility. These plants are prefabricated by the manufacturer and delivered as completed units to the clients.

Parking deck, automobile. A special structure of two or more levels designed to be used for the temporary storage of motor vehicles. A parking deck shall be constructed according to the required building and fire codes.

Parking space. A parking space is defined as an off-street space available for the parking of motor vehicles. A standard parking space must have minimum dimensions of ten feet in width and 20 feet in length with a total minimum area of 200 square feet. This area does not include any passageways and driveways used for access to the space or spaces. Where there are lots designed to accommodate more than ten vehicles, up to 25 percent of the spaces may have minimum dimensions of seven and one-half feet in width and 16 feet in length. The smaller spaces, if provided, shall be designated for use only by compact cars.

Parsonage/caretaker's quarters. A dwelling built to N.C. Building Code Vol. I provided by a church for its pastor or caretaker. Only one dwelling shall be allowed per parcel.

(Amd. of 3-2-98(1))

Principal building or structure . A building or structure containing the principal use of the lot.

Principal use. The primary use and chief purpose for which a lot is used.

Public water supply system. An approved water system serving 15 or more connections or serving a minimum of 25 people daily at least 60 days out of the year, including county, municipal and private water systems.

Public or community sewer system . A single system of sewage collection, treatment and disposal owned and operated by a sanitary district, a metropolitan sewage district, a water and sewer authority, a homeowners' association, a county or municipality or a public utility.

Recreation use, nonprofit. An indoor or outdoor recreation use owned by a not-for-profit corporation, according to the laws of North Carolina.

Recreation use, profit. An indoor or outdoor recreation use owned by an entity other than a not-for-profit corporation.

Restaurant. An establishment designed in whole or in part to cater to or accommodate the consumption of food and/or beverage and:

.1

Customers, normally provided with an individual menu, are served their foods and/or beverages, including alcohol, by a restaurant employee at the same table or counter at which said items are consumed.

.2

A cafeteria style setting is provided where food, and/or beverages are consumed within the restaurant structure.

Restaurant, with drive-in service. An establishment designed, in whole or in part, to cater to or accommodate the consumption of food and/or beverages in automobiles on or off the premises of such establishment.

Setback. Yard space, other than a court, unoccupied and unobstructed by any structure or portion of a structure. Fences and walls may be permitted in any setback subject to height limitations established generally for the district and, further, provided that poles, posts and other customary accessories, ornaments, furniture and landscaping shall be permitted in any setback if they do not constitute substantial impediments to free flow of light and air across the setback or violate provisions of these or other regulations regarding visibility. Also known as building line. In cases where the minimum front setback line bisects the lot at a point where the minimum lot width is substandard as set forth in the dimensional requirements of the district, the front setback will be determined at the point where the lot width equals the minimum lot width.

Sign. Any device designed to inform or attract attention of persons not on the premises on which the device is located. See section 2100.

Sound barrier. A sound barrier consists of a wall of brick, concrete, concrete block, glass, full louvered or solid wooden fencing manufactured of suitable salt-treated lumber not less than eight feet high and no more than ten feet from a building where outside noises occur (such as animal, human, machinery, engines under operation or testing, etc.). The sound barrier shall encircle the noise area on all sides with a combination of building, wall, or fence which meets the eight-foot height requirement.

Special use. A use that would not be appropriate generally throughout the zoning district or without special study but which, if controlled as to number, area, location, or relation to neighborhood, would be.

(Ord. of 7-16-12(2))

Stable, private. A structure or fenced-area that houses or contains horses, mules, ponies, llamas, ostriches, and the like that are for the enjoyment of the property owner, where the stable is located on the same parcel as the property owner's residence and the horses, mules, etc. are all owned by that property owner. (Added 8-15-11)

Stable, public. A structure or fenced-area that houses or contains horses, mules, ponies, llamas, ostriches, and the like that are available for hire, lease, and/or riding lessons and stalls may be rented. (Added 8-15-11)

Street. A public or private right-of-way not less than 30 feet in width set aside for public or private travel and either which has been accepted for maintenance by the State of North Carolina, has been established as a public or private street prior to the date of adoption of this ordinance, or which has been dedicated to the State of North Carolina for public travel by the recording of a plat of a subdivision which has been approved by either the planning commission or board of county commissioners, or which had been approved as a private street in accordance with the Carteret County Subdivision Regulations by either the planning commission or board of county commissioners.

Structure. A walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank or other manmade facilities or infrastructures.

Temporary residential mobile home. A mobile home, intended for residential use for a limited period of time, used for purposes of providing for custodial care under a special use permit or providing temporary residential space during the installation of a replacement mobile home or construction of a residential unit built to N.C. Building Code on the same lot, and for 30 days after the issuance of certificate of occupancy for the permanent unit. The temporary mobile home shall be anchored as per N.C. Building Code.

Thoroughfare or major thoroughfare . For the purposes of this ordinance the terms thoroughfare or major thoroughfare shall mean the rights-of-way of Highways 70, 24, 58, 101 and 12.

(Amd. of 11-19-07(4))

Trailer, hauling or utility. A vehicle or structure designed to be transported and intended for carrying animals or goods.

Trailer, overnight camping. For purposes of this ordinance the following shall be considered an overnight camping trailer:

.1

Travel trailer. A vehicular, portable structure built on a chassis (other than a mobile home), designed as a temporary dwelling for travel, recreation and vacation.

.2

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

.3

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

.4

Camping trailer. A temporary, folding structure, mounted on wheels and designed for travel, recreation and vacation use.

Trailer park, overnight camping (campground). An approved site, tract of land or lot upon which not less than two overnight camp sites and/or overnight trailers occupied for temporary shelter, dwelling, recreational or vacation uses may be located, regardless of whether or not a charge is made for such services.

Trash receptacle. Any container, structure, or building (including dumpsters and compactors) designed to hold, crush or otherwise compact, and/or receive the trash of one or more businesses, one or more public or semi-public institutions, and/or two or more residences.

(Amd. of 11-19-07(4))

Triplex. A building designed, constructed or reconstructed for use as three dwelling units that are connected by a common structural or load-bearing wall.

Variance. A relaxation of the literal terms of this ordinance where such relaxation will not be contrary to the public interest and, where, owing to conditions peculiar to the property and not the result of actions or the situation of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. A variance is authorized only for the dimensional controls of this ordinance. Establishment or expansion of a use otherwise prohibited shall not be permitted by a variance.

Wall. A structure, other than a building, that is a barrier and is used as a boundary, screening, or means of protection or confinement. A wall functions like a fence but is usually thicker than six inches.

(Amd. of 11-19-07(4))

Yacht and boat club. Any dock or basin and associated structures providing permanent or temporary commercial harboring of ten or more commercial and/or pleasure boats primarily through the sale or the ownership of boat slips and providing services related to the facility including, but not limited to, fuel sales, retail and food sales, drystack boat storage, and other related services. Pump-out facilities are required at yacht and boat clubs. See section 3117.

(Amd. of 3-19-07(3))

Yard, front. The space required between a front lot line and the front setback line of a principal building or structure.

Yard, rear. The space required between the rear lot line and the rear building line of a principal building or structure, which may [contain] permitted accessory buildings, structures or uses.

Yard, side. The space required between a side lot line and the side building line of a principal building or structure, which may contain permitted accessory buildings, structures or uses.