§ 58-4. Definitions.

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:

Abandonment means:

(1)

A use that has been discontinued for a consecutive period of 180 days;

(2)

When the premises of a particular use are devoted to another use;

(3)

When the characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by the same or similar equipment within 30 days; or

(4)

Failure to take all positive action to resume the nonconforming use with reasonable dispatch, including the failure to advertise the property for sale or lease.

Accessory family dwelling means an incidental structure or an incidental area within a primary structure that is capable of being used as a separate dwelling and that is generally occupied and used by different person(s) than those who generally occupy and use the property's primary dwelling.

Accessory use means a use clearly incidental and subordinate to the principal use.

Adaptive reuse refers to the process of reusing a site or building for a purpose other than that for which it was originally intended.

Adult establishment means a use meeting the definition of "adult establishment" in G.S. 14-202.10(2), which is hereby adopted by reference. The term "adult establishment" includes adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult live entertainment businesses, and massage businesses, as those uses are defined in G.S. 14-202.10, which is hereby adopted by reference. However, this term does not include massage businesses where all applicable employees meet the ethical and educational requirements specified by the American Massage Therapy Association or equivalent national or state standards.

Agricultural uses means the production, keeping or maintenance, for sale, lease or personal use, of plants and animals useful to man, including, but not limited to, forages and sod crops, dairy animals and dairy products, poultry and poultry products, livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats or any mutations or hybrids thereof, including the breeding and grazing of any or all such animals, bees and apiary products, fur animals, trees and forest products, fruits of all kinds, including grapes, nuts and berries, vegetables, nursery, floral and ornamental products, or lands devoted to a soil conservation or forestry management program. The term "agricultural use" does not include a horse farm or academy, as herein defined, or the keeping of any nondomesticated animals. As used herein, the term "nondomesticated animals" shall mean any animal not generally associated with the practice of animal husbandry and which are a threat to humans or are commonly perceived to be a threat to humans. Examples of such animals include great cats, wolves and bears.

Agritourism means an agricultural, horticultural or agribusiness operation primarily devoted to the promotion of tourism of said operation for the purpose of enjoyment, education or active involvement in the activities of the farm or operation; provided that said use produces revenues or attracts tourists.

Airport means an area of land or water that is designed or used on a recurring basis for the landing and takeoff of aircraft, ultra lights, other mechanical aircraft, or other flying apparatuses, whether or not so designated by the Federal Aviation Authority (FAA), excluding hot air balloons.

Alteration means a change in the size, configuration, or location of a structure, or a change in the use of a structure or lot from a previously approved or legally existing size, configuration, location or use.

Amateur radio tower means a freestanding or building-mounted structure, including any base, tower, pole, antenna and appurtenances, intended for amateur radio (HAM) airway communication purposes.

Antique shop means a commercial establishment where second-hand merchandise is sold at retail and where at least 90 percent of the merchandise on hand at any time is offered for sale upon the basis, express or implied, that the value of the property, in whole or in substantial part, is derived from its age or from its historical association.

Arts and crafts store means a commercial establishment which sells arts and crafts supplies, and items such as pottery, baskets, wood sculpture and quilts.

Athletic fields means designated areas in which sports and other outdoor recreational play activities occur. The term "athletic fields" includes ballparks, soccer fields, and any other outdoor recreational nonwater, nonclay or asphalt court related activities.

Athletic goods shop means a commercial establishment primarily engaged in the retail sale of sporting goods, sporting equipment, athletic clothes and footwear, or bicycles, bicycle parts and accessories.

Automobile parts supply store means an establishment which sells new and/or rebuilt automobile parts and accessories but does not include junkyards, used auto parts sales or the installation of such parts.

Bakery (retail) means the use of a structure or building for the production of bakery products, including, but not limited to, breads, cakes, pastries, and doughnuts. When identified in this chapter as a retail use, at least 50 percent of the sales of the bakery products are sold directly to the consumer. Wholesale bakeries, for the purpose of this chapter, are considered a manufacturing use.

Bank means a financial business, chartered by the state or federal government, which provides financial services including, but not limited to, deposit and withdrawal of money, loan approvals and payments, and cashing and issuing checks.

Bank teller machine means an outdoor self-service facility, normally accessible 24 hours daily, where patrons can access cash and obtain certain other banking services. The machine may be housed outdoors or within its own enclosed booth.

Barber and beauty shop means a noncollege commercial business establishment where hair cutting, hair styling, cosmetology, manicure/pedicure services, facial makeup services, body hair removal, or the application of permanent cosmetics are offered or practiced on a regular basis for compensation. All services offered must be properly permitted through the appropriate governmental agencies, such as the state health department.

Barn means a building that is accessory to a residential or agricultural use and that is used exclusively for storage of grain, hay and other farm products and/or the sheltering of livestock or farm equipment.

Billboard means a permanently constructed sign structure composed of one or more large surfaces for permanent or changeable messages, supported by one or more vertical posts and generally used for off-premises advertising.

Biosolids means the nonhazardous waste or residuals generated and treated at a wastewater treatment facility or water treatment facility. The term is synonymous with the terms "septage" and "sludge", as defined by G.S. 130A-290. The term "biosolids" includes solid, semisolid or liquid residue generated during the treatment of domestic sewage in a treatment works and any material derived from such sewage sludge. These materials must be managed in accordance with permits issued by the state department of environment and natural resources.

Book store means a commercial establishment where books are a primary item sold. An establishment that sells books and meets the definition of adult establishment, as herein defined, shall not be considered a book store.

Building means a structure, temporary or permanent, having a roof or other covering supported by columns or walls designed or used for the shelter, housing, or enclosure of persons, animals or property. The term "building" includes the word "structure".

Building, accessory, means a building subordinate to the main building on a lot and used for purposes customarily incidental to the main or principal building and located on the same lot therewith.

Building footprint means the total amount of area on the ground covered by the building structure; in lieu of exact measurements for the principal structure, the total square footage divided by the number of floors may be used for the building footprint.

Building height means the vertical distance from the mean elevation of the finished grade along the front of the building to the highest point of a flat roof, or to the eaves.

Building, principal, means a building in which is conducted the principal use of the lot on which said building is situated.

Building setback line means a line establishing the minimum allowable distance between the nearest portion of any building, including porches, and the nearest edge of the street right-of-way when measured perpendicularly thereto.

Bulletin board means a sign used to announce meetings or programs of a church, school, auditorium, library, museum, community recreational center or similar noncommercial place of public assembly. Bulletin board signs may be permanent signs which hold temporary banners or text that changes on a regular basis.

Cemetery means property used for the dead, which use may include the commercial sale and location of burial lots, crypts or vaults for use exclusively on the subject property. A cemetery shall not be used for the preparation or embalming of bodies; or the cremation of bodies. Setbacks for cemeteries shall be measured from the nearest structure or grave sites.

Church/house of worship means a building or structure, or group of buildings or structures which, by design and construction are primarily intended for conducting organized religious services, whose site may include an accessory area for the internment of the dead.

Clothing store means a commercial establishment primarily engaged in the retail sale of clothing (also known as apparel, dress, garments or attire) for men, women or children.

Club means buildings or facilities owned or operated by a person for a social, educational or recreational purpose.

Co-location means the placement of additional antennas or antenna arrays on an existing or approved telecommunication or electrical transmission tower, the sharing of an antenna or antenna array, or otherwise sharing a common location by two or more Federal Communications Commission (FCC) licensed providers of personal wireless service. Co-location includes antennas, transmitters, receivers and related electronic equipment, cabling, wiring, equipment enclosures and other support equipment or improvements located on the tower site.

Community recreational center means a building used for recreational, social, educational and cultural activities, owned and operated by a governmental or nonprofit group or agency, except for this use when operated by homeowners' associations within subdivisions. Nonprofit means that the community recreational center is owned and operated by a federally recognized non-profit organization organized and operated exclusively for exempt purpose set forth in 26 USC 501(c)3.

Computer store means a retail store where computers, computer parts and accessories, software and computer hardware are sold and/or repaired.

Conditional use means any use authorized by a conditional use permit.

Conditional use permit or CUP means a special authorization for a specific use, other than a permitted use within the zoning district, which is subject to any special restrictions or conditions on its location, size, extent, character or use as determined by the town council in order to ensure consistency with the intent and character of the zoning district in which the use is located.

Condominium means the ownership of single units in a structure with common areas and facilities.

Conference centers are uses designed and built to accommodate 250 or more persons and used to host conferences, exhibitions, meetings, seminars, company retreats, training sessions, etc. Conference centers may include meeting rooms, auditoriums, exhibition halls, facilities for food preparation and serving, parking facilities and administration offices.

Conservation easement means a right conveyed by deed or other appropriate recorded instrument which gives the grantee a nonpossessory interest in the real property of the grantor, and which permanently and perpetually restricts the use of the real property to the uses set forth in subsection 58-58(4)g.

Conservation land means the portion of a tract that is set aside for permanent and perpetual protection as required by subsection 58-58(4)d. The term "primary conservation land" includes that portion of a tract that consists of floodplains, wetlands, lakes, ponds, viewsheds and hydric soils. The term "secondary conservation land" includes that portion of a tract that consists of forestland, farmland, historic sites, steep slopes, rock formations and land adjacent to parks.

Conservation organization means a nonprofit corporation or trust, or any private corporation or business entity authorized to do business in the state, intended to exist indefinitely, and whose ongoing purpose includes the following:

(1)

The permanent and perpetual preservation of land areas for outdoor recreation by, or for the education of, the general public;

(2)

The permanent and perpetual protection of the natural habitat of fish, wildlife, or plants, or similar ecosystem; or

(3)

The permanent and perpetual preservation of open space (including farmland and forestland) where such preservation is for the scenic enjoyment of the general public, or pursuant to a clearly delineated federal, state or local governmental conservation policy, and that will yield a significant public benefit.

Construction trailer means a mobile home which is designed for neither overnight, nor year-round occupancy and is used exclusively at a construction project on a temporary basis.

Convenience store means an establishment which is normally open for extended hours which sells a limited variety of packaged and/or prepared foods and other conveniences (which may include gasoline) primarily for consumption and use off-premises. Sales of items are highly dependent upon convenience of location, store hours, speed of service and highway accessibility and are less dependent on comparison shopping.

Corral means the primary enclosure for confining livestock. A corral is not a structure as defined by this chapter.

Country club means a land area and buildings containing recreational facilities, clubhouses and usual accessory uses, open only to members and their guests for a membership fee.

Dance and gymnastic studio means a place for the instruction of dance or gymnastics by qualified instructors in an organized setting.

Day care center means a place where daytime care is provided to six or more children, unrelated by blood or marriage to, and not the legal wards or foster children of the attendant adult.

Day care center, small group, means a place where daytime care is provided to not more than five children unrelated by blood or marriage, and not the legal wards or foster children of the attendant adult within an occupied residence.

DENR means state department of environment and natural resources.

Department or variety store means a single retail store in which a variety of different types of merchandise and/or services are housed, enclosed, exhibited and sold directly to the customer. Examples include Belk's, Steinmart, Target, Family Dollar, Dollar General and Big Lots.

Developable lot means, for the purposes of developing a yield plan for a conservation subdivision, an undeveloped lot that could be developed into a residential lot within a conventional subdivision in accordance with chapter 58 and this chapter without any variances at a cost not exceeding the market value of said lot upon recording of the final subdivision plat and without removing or eliminating protected conservation lands, protected open space, floodplains, wetlands, lakes, ponds, protected historic features, protected viewsheds or public rights-of-way. For the purpose of this definition, the term "protected" means as required by federal, state, or local law, or private agreement.

Development means the construction of any new building, or other structures, or impervious surface on a lot; the relocation of any existing building on a lot; or the use of a lot or tract of land for any new uses.

Doctor's office means an office facility containing space for patient waiting rooms and laboratory space for medical doctors (MDs), osteopaths, chiropractors, dentists, podiatrists, acupuncturists, psychologists, licensed nurses/midwifes, licensed physical therapists, licensed respiratory therapists or optometrists.

Dry cleaning service outlet means an establishment engaged in providing laundry, dry cleaning, and other related services, including alterations, on a pick-up and drop-off basis to individual customers. The actual laundering and/or dry cleaning of clothes may take place on-site or at another facility. If laundering and/or dry cleaning of clothes from other service outlets takes place on-site, the use shall not be considered a dry cleaning service outlet, but instead will be considered a dry cleaning and laundry plant.

Dwelling, single-family, means a detached building designed for or occupied exclusively by one family, but not to include mobile homes, as defined by this chapter.

Dwelling, two-family, means a building arranged or designed to be occupied by two families living independently of each other.

Educational district: This district is established to provide for the specific circumstances and needs of the educational institutions, (limited to elementary, middle and high school) within the town's jurisdiction. The uses permitted within this district shall be limited to those of an educational nature for the necessary operation of the educational institutions. Requirements specific to this district are listed in article II, section 58-61 of this chapter. Discontinuation of any school shall result in the loss of the educational district zoning and will initiate a rezoning back to the original zoning district. Additionally, discontinuation of any school after five years will require the property owner to remove the buildings.

Electrical transmission towers shall mean any tower, whether public or private, designed and used to support overhead electrical transmission lines.

Electronics store means a retail establishment with a broad range of appliances and electrical goods, such as refrigerators, clothes washers, videos, etc., for sale to the public.

Elementary and secondary schools means privately owned or publicly owned preschools, elementary schools, middle schools, junior high schools or high schools.

Essential services means publicly or privately owned facilities or systems for the distribution of gas, electricity, steam or water, the collection and disposal of sewage or refuse, the transmission of communications, or similar functions necessary for the provision of public services. The term "essential services" is divided into the following classes:

(1)

Class I. Transmission lines, whether subterranean or overhead, including electrical, natural gas and water distribution lines, sewer gravity lines and pressure mains, underground septic tanks and drainfields, cable television and telephone transmission lines or similar utility lines. Electrical lines and electrical transmission towers, except for nonmonopole structures such as steel lattice towers, are exempt from all setbacks that would otherwise be required by this Code. Cable television and telephone transmission lines that co-locate on electrical transmission towers that have been exempted from the setback requirements are exempt from all setbacks that would otherwise be required by this Code.

(2)

Class II. Booster stations, pumping stations, switching facilities, substations, lift stations or other similarly required facilities in connection with telephone, nonwire communications, electricity, steam, water, water storage, sewer or other similar utilities. This classification is not intended to govern apparatus and functions set out in essential services class IV, more particularly defined below.

(3)

Class III. Generation, production, or treatment facilities such as power plants, sewage treatment plants or similar utilities.

(4)

Class IV. Subterranean neighborhood or cabinet-style switching facilities designed to handle telephone transmissions within the immediate vicinity of the town.

Fabric store means a retail establishment which is primarily in the business of selling fabric, yarn, patterns for clothing and nonclothing items, sewing machines, and various types of notions. Some examples of notions are appliques, bobbins, crochet hooks, cutting tools, drapery rods and fittings, dress shields, elastic, fabric dye, iron-ons, knitting needles, needles, pads, patches, pins, scissors, sewing boxes, snaps, stabilizers, tapes, velcro, zippers, etc.

Facilities, common, means facilities within a conservation subdivision that are located on conservation land and are meant for the enjoyment and use of residents of that subdivision. The term "common facilities " includes, but is not limited to, ballfields, benches, playgrounds, trails, paths, etc.

Family means 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 that six persons, who need not be related by blood, marriage, or adoption, living together as a single housekeeping unit.

Family care home means a home with support and supervisory personnel that provides room and board, personal care and rehabilitation services in a family environment for not more than six resident handicapped persons, as defined in G.S. 168-1(2).

Farmland means those areas that are used for the production and activities related or incidental to the production of crops, fruit, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agricultural products having a domestic or foreign market.

Financial institution means any building in which the principal use is a business which provides financial service involving the management of money, funds, securities, and other financial assets. Financial institutions include banks; savings and loan associations; agricultural, business, and personal credit services and credit unions; security and commodity brokerages, exchanges and services; and other investment firms, lending companies, and credit services.

Floodplain means any land area susceptible to being inundated by water from the base flood. The term "floodplain" refers to that area designated as subject to flooding from the base flood (i.e., 100-year flood) on the Flood Boundary and Floodway Map prepared by the U.S. Department of Housing and Urban Development, dated July 18, 1983, or latest revision thereof, a copy of which is on file in the zoning administrator's office.

Floor area ratio means the total floor area of all buildings or structures in square feet, excluding parking decks, within a development divided by the total area of all lots or tracts containing that development.

Floor covering, wallpaper, paint and window covering store means a commercial establishment primarily in the business of selling floor covering, wallpaper, paint and window coverings, and similar and related items.

Florist and gift shop means a retail store primarily in the business of selling flowers and/or ornamental plants (neither of which shall be grown on-premises) and/or gifts.

Forestland means a biological community dominated by trees and other woody plants covering a land area of 10,000 square feet or greater and includes areas that have at least 100 trees per acre with at least 50 percent of those trees having at least a two-inch or greater diameter at 4.5 feet above the ground.

Foundation survey means a survey done to collect the positional data on a foundation that has been poured and is cured. This is done to ensure that the foundation was constructed in the location, and at the elevation shown on town approved plot plan, site plan, or subdivision plan. This survey verifies proper placement of the structure before the builder resumes construction.

Funeral chapel means a building used for the display of the deceased and ceremonies connected therewith before burial. No preparation or embalming of bodies or the cremation of bodies shall take place at a funeral chapel.

Golf course means a tract of land for playing golf improved with tees, fairways, hazards, and may include clubhouses and shelters.

Government or town facility means a building or structure owned, operated, or occupied by a government agency to provide a governmental service to the public.

Green, village, means a small, grassed open area that is centrally located in the neighborhood in which it is located and contains no structures other than benches, pavillions, memorials, etc.

Greenhouse, commercial, means an establishment whose primary business is the growing of plants through the use of one or more on-premises greenhouses.

Grocery store means a retail store greater than 3,000 square feet in area which sells a wide variety of fresh produce, canned and packaged food items, small household goods and similar items which are consumed and used off-premises. In addition, a grocery store may contain a section where prepared foods are sold and consumed on-premises in a specially designated sitdown area. The sale of prepared foods for on-premises consumption, however, must be clearly subordinate to the sale of food and goods intended for consumption and use off-premises. The sale of fuel at fuel stations shall not be permitted at grocery stores.

Gross area/acreage of a tract of land means the total square footage of a parcel excluding area contained in a current DOT easement that the developer will be deeding to NCDOT.

Gross floor area means the total area of a building (in square feet) measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

Hardware store means a retail establishment primarily in the business of selling various household goods, paints, building and hardware products, household animal supplies, nursery and yard goods, and durable goods (e.g., lawn mowers, appliances, etc.).

Health/sports club means a facility designed and equipped for the conduct of sports, exercise or other customary and usual recreational activities, operated for profit or not-for-profit and which can be open only to bona fide members and guests of the club or open to the public for a fee.

Historic site means one or more parcels, structures, or buildings that is either included on the state register of historic properties or designated on the National Register of Historic Places, or authenticated as historic in a survey and report by a registered architect or architectural historian and which has been submitted to and approved by the town.

Historical marker means any manmade plaque or sign containing an inscription with historical information about a person, place, or event.

Horse farm or academy means a site where three or more horses are housed, bred, boarded, trained or sold.

Impervious surface means any material which reduces and prevents absorption of stormwater into previously undeveloped land.

Insurance agency means an office that is primarily in the business of selling insurance.

Jewelry store means a retail store that is primarily in the business of selling, buying and/or repairing jewelry.

Junkyard means the use of more than 600 square feet of the area of any lot for the storage, keeping, or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.

Kennel means an establishment in which more than six dogs or domesticated animals more than one year old are housed, groomed, bred, boarded, trained or sold for financial remuneration. A kennel shall not include pet shops or animal shelters.

Lake means any inland body of water that in its natural state has a surface area of two acres or greater, and any body of water artificially formed or increased that has a surface area of two acres or more.

LARTP (local area regional transportation plan) means the plan developed in collaboration with and adopted by the Village of Marvin, the Town of Waxhaw, the Town of Weddington, and the Village of Wesley Chapel. The provisions of the plan are intended to ensure: (a) an integrated system of roads that provides safe and efficient traffic circulation; (b) the efficient movement of through traffic by providing an interconnected system of roads; (c) uncomplicated road layouts so that emergency service personnel, public service personnel and visitors can find their way to and from destinations; and (d) controlled access to thoroughfares.

Library means a municipal facility in which literary, musical, artistic, or referenced materials (such as books, manuscripts, recordings, or films) are kept primarily for on-site use or off-site loan.

Loading space, off-street, means an off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of commercial vehicles while loading or unloading merchandise or materials.

Lot means a parcel or tract 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 the same. The term "lot" includes a plot or parcel.

Lot area means the horizontal area within the legal lot lines of a lot, exclusive of the portions of the lot which lie within the street rights-of-way and any buffer required by subsection 46-76(d).

Lot, corner, means a lot which occupies the interior angle at the intersection of two street lines which make an angle of more than 45 degrees and less than 135 degrees with each other. Corner lot includes lots with a side lot line that abuts a thoroughfare buffer. See subsections 58-208(1)a. and (1)b.

Lot depth means the average horizontal distance between the front and rear lot lines.

Lot, easement, means a lot having an area of a minimum of five acres created per subsection 46-76(a) and that is connected to a public road for access via a recorded easement. An easement lot may be a minimum of 80,000 square feet when created within a conservation easement of at least 25 acres that is dedicated to a conservation organization. The principal uses shall be limited to those uses (i.e., uses by right) that are permitted uses in the underlying zoning district.

Lot, interior, means a lot other than a corner lot.

Lot line, interior, means a lot line which does not have road frontage.

Lot line (property line) means the lines bounding a lot.

Lot of record means a lot which is a part of a subdivision, a plat of which has been recorded at the county register of deeds or the Mecklenburg County Register of Deeds, or a lot described by metes and bounds, the description of which has been so recorded.

Lot, through, means a lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.

Lot width means the distance between side lot lines, measured at the building setback line.

Maintenance agreement means a binding agreement between a party and the town, which provides that the party will be responsible for the implementation of all maintenance and operational obligations set forth in the maintenance plan.

Maintenance plan means a plan that meets the requirements of subsection 58-58(4)i., and which provides for the continued operation and maintenance of conservation lands required under subsection 58-58(4)d.

Map or zoning map means the official zoning map of the town.

Mobile home means a dwelling unit that is not constructed in accordance with the standards set forth in the state building code, is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis, and exceeds 40 feet in length and eight feet in width. A structure that would otherwise be characterized as a mobile home except that it is not used or held ready for use as a dwelling unit (e.g., is used as an office or some other business use) shall not be regarded as a mobile home.

Mobile home, class A, means a mobile home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies each of the following criteria:

(1)

The minimum width of the main body of the mobile home as assembled on the site shall not be less than 20 feet, as measured across the narrowest portion.

(2)

The pitch of the home's roof has a vertical rise of one foot for each five feet of horizontal run.

(3)

The exterior siding consists of wood, hardboard, or aluminum (vinyl covered or painted), comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction.

(4)

A continuous, permanent masonry foundation or masonry curtain wall, unpierced except for required ventilation and access, shall be installed upon a poured concrete footing after placement on the lot and before occupancy.

(5)

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

Mobile home, class B, means a mobile home that meets all of the criteria of a class A mobile home except the width criteria.

Modular home means a dwelling unit constructed in accordance with the standards set forth in state building code (Uniform Residential Code for One- and Two-Family Dwellings), and composed of components substantially assembled in a manufacturing plant and transported to the site for final assembly on a permanent foundation.

Music store means a retail store that is primarily in the business of selling musical instruments, sound and audio recording equipment, music software, and/or audio and videotapes and discs. Music lessons may also be given at a music store.

Nonconforming use means any use of a building or land which does not conform to the use regulations of this chapter for the district in which it is located, either at the effective date of the ordinance from which this chapter is derived or as a result of subsequent amendments to this chapter.

Nuisance means an interference with the enjoyment and use of property.

Nursery means the use of land for the growing for sale or selling of grasses, shrubs, trees, or ornamental plants. Plant materials are primarily grown outdoors, but a nursery may include one or more greenhouses incidental to and in support of the nursery operation.

Open-air storage means an unroofed area for the storage of bulk materials or discarded items whether fenced or not but not including items and nonbulk materials openly displayed for the purpose of retail sale.

Open space means a land area or water feature that conserves, enhances, or creates natural or scenic resources and wildlife habitat or that enhances or creates outdoor recreational opportunities. Open space may be dedicated for public use or held under private ownership. The required open space for conventional subdivisions shall be adjacent to the required roadway buffer unless the open space is protecting a natural feature or stormwater management facility on the property and is approved by the town. The town may allow flexibility on the location of open space in unique cases where an alternative purpose is served. All conservation land, as defined in subsection 58-58(4)d is considered open space. However, not all open space is necessarily conservation land. As defined, open space may be land left in its natural state or grass and medians planted with trees in a residential, commercial or nonresidential development.

Orientation sign means an on-premises sign that directs pedestrians and traffic on a property.

Park means a noncommercial, not-for-profit recreational facility. Such facilities could include parks within subdivisions, neighborhood parks, community parks and/or regional parks. Improvements on parks may include passive (e.g., walking trails) and active (e.g., playgrounds, ballfields) facilities. Commercial amusement facilities such as miniature golf courses, driving ranges, go-cart tracks, water slides, batting ranges, etc., shall not be considered parks.

Parking deck means an off-grade structure used solely for the parking of motor vehicles (other than carport or garage in a residential or agricultural district). No repair, storage or maintenance of vehicles may occur in a parking deck.

Parking space means a storage space of not less than nine feet by 20 feet for one automobile and having access to a road, but not located within a road right-of-way.

Pharmacy means a retail store that sells prescription drugs and which may also sell other items.

Photocopy service means an establishment that makes photocopies of items and which may offer related services, including printing services, the use of in-house computer equipment, and the retail sale of paper goods and other office products.

Planned residential development means a residential community that is planned and developed with internal streets that are privately maintained and developed and may contain a gatehouse. Access to such a development may be restricted via a gate.

Plat means a map or drawing depicting the division of land into blocks, parcels, tracts, sites, or other divisions.

Pond means any inland body of water that, in its natural state, has a surface area of at least 1,000 square feet but less than two acres, and any body of water artificially formed or increased that has a surface area of at least 1,000 square feet but less than two acres.

Post office means a local branch of the United States Postal Service handling the mail for the local area.

Postal store and contract station means a retail establishment that provides post office services (i.e., the vending of stamps, the mailing of items and rental of post office boxes) and which may sell other auxiliary goods, including boxes, envelopes, and other paper products.

Preschool facility means an educational facility for preschool children aged two to six years whose major purpose is to provide educationally-oriented classes and activities, as opposed to child care. Such classes shall be limited in time to five hours or less per day.

Preserve, habitat, means a wooded area of local or state significance that is maintained in a natural state for the preservation of animal and/or plant life.

Principal use means the primary or predominant use on any lot.

Public parks and recreational facilities means recreational facilities owned by the public or by nonprofit organizations. The term "recreational facilities" may include athletic fields, riding or jogging paths, concession stands serving the recreational area, or tennis courts.

Real estate agency means an establishment primarily in the business of representing buyers and/or sellers in a real estate transaction in exchange for commissions.

Restaurant means a commercial establishment, other than a drive-in, drive-through, or fast-food restaurant, where food is prepared, served and consumed on-premises.

Restaurant, drive-in means an establishment where food products are sold in a form ready for consumption and where consumption is designed to take place on-site but outside the confines of a building. At drive-in restaurants, customers may order their food from individual outdoor calling stations rather than at a centrally located drive-in service window commonly found at drive-through or fast-food restaurants.

Restaurant, drive-through means an establishment whose principal business is the sale of precooked or rapidly prepared food directly to the customer in a ready-to-consume state for consumption on the restaurant premises or off-premises. Unlike a fast-food restaurant, a drive-through restaurant does not contain any indoor customer dining areas. Unlike a drive-in restaurant, orders are taken from customers from centrally located drive-in windows rather than from individual calling stations.

Restaurant, fast-food means an establishment whose principal business is the sale of precooked or rapidly prepared food that is sold directly to the customer in a ready-to-consume state for consumption either on the restaurant premises or off-premises. When sold to the customer, food from a fast-food restaurant generally is packaged or wrapped rather than served to the customer on plates or other dishware. Orders for food may be placed either within the restaurant building or from a centrally located outdoor calling station. Such restaurants also have drive-in service windows for pick-up of food orders

Riding academy means an establishment where horses are boarded and cared for and where instruction in riding, jumping, and showing is offered and the general public may, for a fee, hire horses for riding.

Road right-of-way means an area of land occupied or intended to be occupied by a road, including areas offered for dedication for such purposes, areas claimed by the state for such purposes, or actually used for such purposes.

Rock formation means a portion of bedrock or other stratum protruding through the soil level.

School. See Elementary and secondary schools .

School for the arts means an establishment where classes in the various arts (e.g., dance, painting, sculpting, music, yoga, etc.) are taught.

Service station means any building, structure, or land used for the dispensing, selling, or offering for retail sale automotive fuels, oils, or accessories. Service stations may perform general automotive servicing and minor repair work which does not involve major motor repair, drive train work, or other major mechanical repair and body work.

Shared parking means that one or more parking spaces are permitted to simultaneously satisfy the parking requirements of multiple uses. Shared parking is permitted only where, because of the days and/or hours of operation of those uses sharing the parking or for other reasons, drivers associated with one use are unlikely to use the shared parking spaces at the same time those spaces are being used by drivers associated with another use.

Shopping center means a group of (two or more) commercial establishments planned, developed and managed as a unit and related in location, size and type of shop to meet the needs of the trade area which is being serviced.

Sign means any form of publicity, visible from any public highway directing attention to an individual activity, business service, commodity or product and conveyed by means of words, figures, numerals, lettering, emblems, devices, designs, trademarks or trade names or other pictorial matter designed to convey such information and displayed by means of bills, panels, posters, paints, or other devices erected on an open framework, or attached to or otherwise applied to posts, stakes, poles, trees, buildings, or other structures or supports.

(1)

Nonconforming sign. A sign or advertising structure existing within the town on the effective date of the ordinance from which this chapter is derived, which does not conform to the requirements of this ordinance.

(2)

Off-premises sign. Any advertising sign which advertises goods, products, or services not necessarily sold on the premises on which the sign is located.

(3)

On-premises sign. Any sign identifying or advertising a business, person, activity, foods, products or services located on the same premises as the sign.

(4)

Sign area. Sign area shall be measured by the smallest square, rectangle, triangle, circle or combination thereof, which will encompass the entire advertising copy area. Only one side of a double-faced sign shall be considered.

(5)

Sign setback. The shortest horizontal distance from the property line to the nearest point (leading edge) of the sign or its supporting member whichever is nearer to the property line.

Sign, attached (on-structure), means a sign applied or attached directly to the face of a building and becoming, or appearing to become, a part of the building. These signs are flush to the wall to which they are affixed.

Sign, building-mounted, means any sign attached to and deriving its major support from a building, and including wall or fascia signs, projecting signs, and roof signs. These signs are perpendicular to the wall and protrude from the wall to which they are affixed.

Sign, construction announcement, means a sign located on the premises of a construction site, identifying the purpose of the construction, the name of the architect, engineer, contractor, subcontractor and suppliers of material or equipment on the premises of work under construction.

Sign, directional, means an off-premises sign, which provides directions to a business, commodity, service, or entertainment not conducted, sold or offered on the premises where the sign is located.

Sign, freestanding ground, means any single- or double-sided sign, either monument-style or erected on a supporting structure, mast, post or pole and not attached, supported or suspended to or from any building or structure.

Sign, identification, means a sign used to identify:

(1)

The name of the individual, family, organization or enterprise occupying the premises;

(2)

The profession of the occupant; or

(3)

The name of the building on which the sign is displayed.

Sign, lighted, means a sign illuminated only by light cast upon the sign from an external light source.

Sign, luminous, means a sign lighted by or exposed to artificial lighting either by lights on or in the sign.

Sign, portable, means any sign not permanently attached to the ground or building.

Sign, projecting, means a sign attached to a building or other structure and extending beyond the surface of the supporting structure to which it is attached.

Sign, real estate, means a temporary sign pertaining to the sale, lease or rental of land or building and identifying the selling agent.

Sign, subdivision sales, means a sign located at the entrance of a subdivision, identifying lots and/or homes for sale. Subdivision sales signs may be permitted only after the final plat is approved by the town council.

Sign, temporary, means any sign erected and maintained for a specific length of time.

Sign, time and temperature, means a sign conveying a lighted message of time, temperature, barometric pressure, or similar information by means of electrical impulse or changing intervals.

Slope, steep, means an area having a slope greater than 15 percent.

Small animal veterinary clinic means a facility where small animals or pets of no more than 175 pounds are given medical or surgical treatment and are cared for only while there for treatment and convalescence. The facility must be a completely enclosed building with no outside storage or animal areas and no animals may be kept in the facility overnight except for ongoing veterinary or surgical care and convalescence up to a maximum of ten animals. All buildings for a veterinary clinic, whether for a new or existing structure, must be certified by a registered architect or acoustical engineer that no sounds emitted through the perimeter walls, all common walls and the roof of the clinic will exceed 45 decibels.

Small cell telecommunications facility means a facility, excluding cell towers and satellite television dish antenna, established for the purpose of providing wireless voice, data and/or image transmission within a designated service area. A small cell telecommunications facility must not be staffed, and consists of one or more antennas attached to a support structure. An antenna or wireless antenna base station which provides wireless voice, data and image transmission within a designated service area as part of a small cell telecommunications facility may consist of a low-powered access node with no more than five watts of transmitter output power per antenna channel, and may not be larger than a maximum height of three feet and a maximum width of two feet. A small cell telecommunications antenna may be installed on existing rooftops, utility poles, structures or support structures where permitted. A small cell telecommunications facility also consists of related equipment which may be located within a building, an equipment cabinet outside a building, an equipment cabinet on a rooftop, or an equipment room within a building.

Stationery store means a retail business that sells stationery items, including, but not limited to, labels, memos, cards, postcards, business stationery, cups and napkins and other various paper products.

Stock brokerage firm means an establishment that is primarily in the business of executing securities transactions on behalf of customers in exchange for a commission, fee, or other compensation.

Structure means any building, sign, wall, fence, or similar physical obstruction placed or erected on property.

Structure, principal, means a structure in which is conducted the principal use of the lot on which it is located.

Subdivision, conservation, means a residential subdivision six acres or greater in area that is developed pursuant to section 58-58.

Subdivision, conventional, means a residential subdivision that is not a conservation subdivision.

Supermarket means an establishment which may sell a wide variety of fresh produce, canned and packaged food items, small household goods and similar items which are consumed and used off-premises. In addition, the store may contain a delicatessen section in which prepared foods are sold and may be consumed on-premises in a specially designed sitdown area. Unlike convenience stores, gasoline sales are not permitted.

Support structure(s) means monopoles, towers, utility poles, light poles, buildings or any other freestanding self-supporting structure which can safely support the installation of any new or additional proposed telecommunications facility.

Tailor, dressmaking and millinery shop means a retail establishment that is primarily in the business of making, repairing, or altering articles of clothing.

Tax preparation service means an establishment that is primarily in the business of assisting customers in preparing their tax returns and/or offering tax-related advice or other tax-related services.

Telecommunication tower and facilities means a structure, including any accessory structures to house transmitting or maintenance equipment, designated to support antennae used for transmitting or receiving communication transmissions. The term "telecommunication tower and facilities" does not include ham radio operations, wireless radio towers, or television broadcast station towers.

Thoroughfare means streets which provide for movement of high volumes of traffic throughout the town. In general, thoroughfare streets consist of numbered state roads and other major streets as described in NCDOT, Union County, or Town of Weddington Thoroughfare Plans. Design criteria for thoroughfare streets shall be determined by the NCDOT, and construction plans shall be reviewed and approved by the NCDOT District Engineer.

Toy and hobby shop means a retail store that is primarily in the business of selling toys, games, collectibles, models and/or similar items.

Travel agency means an establishment that is primarily in the business of assisting customers in planning and arranging vacations and other travel, often by finding and booking flights, hotels, cruises or vacation packages.

Use means the specific purpose for which land, a building, or a portion of a building is designed, arranged, intended, occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include a nonconforming use.

Used or occupied means and includes, as applied to any land or building, the terms "intended, arranged or designed to be used or occupied".

Video store means a retail store that is primarily in the business of renting and/or selling videos, DVDs and/or video games. An establishment that sells video and meets the definition of adult establishment, as herein defined, shall not be considered a video store.

Viewshed means a view through or along a road, or opening, including those along the boundaries of a stream, lake or pond, which frames, highlights, or accentuates a prominent structure, scene or panorama.

Wedding, banquet and reception centers are uses and structures that are designed for groups of people to gather for social functions or events, including, but not limited to, weddings and wedding receptions and other gatherings. This definition does not apply to churches.

Wetlands means those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.

Yard means any area on the same lot with a building or buildings lying between the building or buildings and the nearest lot line.

Yard, front, means an open, unoccupied space between the street right-of-way line, and the front of a building, projected to the side lines of the lot.

Yard, rear, means a yard extending the full width of the lot on which a principal building is located and situated between the rear lot line parallel thereto and passing through the point of the principal building nearest the rear lot line. If a rear yard abuts a buffer area along a major or minor thoroughfare as required by subsection 46-76(d), the rear lot line shall be considered to be the nearest edge of the buffer area.

Yard, side, means a space extending from the front yard to the rear yard between the principal building and the side lot line as measured perpendicular from the side lot line to the closest point of the principal building. If a side yard abuts a buffer area along a major or minor thoroughfare as required by subsection 46-76(d), the side lot line shall be considered to be the nearest edge of the buffer area.

Yield plan means a plan that shows the number of developable lots in a proposed conservation subdivision if such subdivision were to be built as a conventional subdivision in a R-CD zoning district in the town.

(Ord. No. 87-04-08, § 2.2, 4-8-1987; Amd. of 5-9-1994; Ord. No. O-2002-33, 12-9-2002; Ord. No. O-2003-05, 3-10-2003; Ord. No. O-2003-14, 7-14-2003; Ord. No. O-2004-01, 3-8-2004; Ord. No. O-2004-06, 6-14-2004; Ord. No. O-2004-08, 7-12-2004; Ord. No. O-2004-25, 11-18-2004; Ord. No. O-2006-05, 1-9-2006; Ord. No. O-2006-14, 8-14-2006; Ord. No. O-2006-17, 10-9-2006; Ord. No. O-2006-19, 10-9-2006; Ord. No. O-2007-01, 1-8-2007; Ord. No. O-2008-06, 4-14-2008; Ord. No. O-2009-06, 7-13-2009; Ord. No. O-2010-05, 4-12-2010; Ord. No. O-2011-02, 3-14-2011; Ord. No. O-2011-07, 4-11-2011; Ord. No. O-2011-09, 5-9-2011; Ord. No. O-2011-11, 7-11-2011; Ord. No. O-2011-16, 12-12-2011; Ord. No. O-2012-01, 1-9-2012; Ord. No. O-2012-11, 7-9-2012; Ord. No. O-2012-12, 8-13-2012; Ord. No. O-2012-13, 10-8-2012; Ord. No. O-2013-12, 8-12-2013; Ord. No. O-2013-14, 12-9-2013; Ord. No. O-2014-03, 3-10-2014; Ord. No. O-2014-13, 11-10-2014; Ord. No. O-2015-01, 2-9-2015; Ord. No. O-2015-11, 6-8-2015; Ord. No. O-2016-02, 4-11-2016; Ord. No. O-2016-08, 7-18-2016; Ord. No. O-2017-01, 1-9-2017; Ord. No. O-2017-05, 2-13-2017; Ord. No. O-2017-10, 6-12-2017; Ord. No. O-2019-01, 2-11-2019)