AGENDA Sawmills Town Hall Tuesday, September 21, ,2021 6:00 pm  Regular Meeting of the Sawmills Town Council  1. Call To Order 2. Invocation 3. Pledge of Allegiance 4. Adopt Agenda 5. Approve Meeting Minutes 6. Public Comment 7. Recognitions: A. Recycle Rewards 8. Discussion: A. Employee Vaccine Incentive 9. Planning Matters:  Mayor. Johnnie Greene Mayor. Johnnie Greene Mayor. Johnnie Greene Mayor. Johnnie Greene Mayor. Johnnie Greene Mayor. Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Mayor. Johnnie Greene Mayor. Johnnie Greene Mayor. Johnnie Greene Mayor. Johnnie Greene TownA Manager Chase Winebarger Mayor Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene  A. August 17,2021 Regular Meeting Minutes B. August 17, 2021 Closed Session Meeting Minutes  A. Call for Public Hearing for Text Amendment B. Reappoint Planning Board/BOA Members  10. Public Comment 11. Updates:  A. Code Enforcement Report B. TownManger.pdates C-Counci/Comment  12. Closed Session: N.C.G.S. $143-318.11(a)03)  13. Adjourn    Page 1 of8  TUESDAY,AUGUST 17, 2021  TOWN OF SAWMILLS REGULAR COUNCIL MEETING  6:00 PM  COUNCIL PRESENT MayorJohnnie Greene Clay Wilson Keith Warren Rebecca Johnson COUNCIL ABSENT Joe Wesson Melissa Curtis  STAFF PRESENT Chase Winebarger Julie A Good Terry Taylor  CALL TO ORDER: Mayor Johnny Greene called the meeting to order at approximately  6:05pm.  INVOCATION: Councilman Clay Wilson gave the invocation.  PLEDGE OF ALLEGIANCE: Mayor Johnny Greene led the Pledge of Allegiance.  ADOPT AGENDA: Mayor Johnny Greene asked fora a motion to adopt the August 17, 2021 Keith Warren made a motion, and Clay Wilson seconded, to adopt the August 17, 2021  Agenda.  Agenda. All were in favor.  APPROVE JULY 20, 2021 REGULAR MEETING MINUTES: Mayor Johnny Greene Rebecca Johnson made a motion, and Clay Wilson seconded, to approve the July 20, 2021  asked for a motion to approve the July 20, 2021 regular meeting minutes.  regular meeting minutes. All were in favor.  APPROVE JULY 20, 2021 CLOSED SESSION MEETING MINUTES: Mayor Johnnie Greene asked for a motion to approve the July 20, 2021 closed session meeting minutes. Clay Wilson made a motion, and Rebecca Johnson seconded, to approve the July 20, 2021  closed session meeting minutes. All were in favor.    August 17,2021 Page 2 of8  PUBLIC COMMENT: Mayor Johnny Greene asked if anyone had any questions or  comments at this time. No one wished to speak. RECOGNITIONS:  RECYCLE REWARDS WINNER: Mayor Johnny Greene announced Harold Ramsey, as the August Recycle Rewards winner. A credit of thirty-two dollars ($32.00) will be added to  the current sanitation bill. No Council action was required. FINANCIAL MATTERS:  SPECIAL REVENUE FUND BUDGET AMENDMENT: Mayor Johnnie Greene stated that during ther regularly scheduled June 2, 2020, Council Meeting, Council approved a special revenue fund for American Rescue Plan Act (ARPA). The Town of Sawmills received eight hundred twenty-six thousand eight hundred sixty dollars and fifty-two cents ($826,860.52). Rebecca Johnson made a motion, and Keith Warren seconded, to approve a budget amendment in the amount of eight hundred twenty-six thousand eight hundred sixty dollars  and fifty-two cents ($826,860:52). All were in favor.  DISABLED AMERICAN VETERANS CHAPTER 6 DONATION REQUEST: Mayor Johnnie Greene stated that the Disabled American Veterans Chapter 6 had requested a Clay Wilson madeamotion, and Rebeccajohnsons seconded, tog give a donation in the amount oftwo hundred dollars ($200.00) to the Disabled American Veterans Chapter 6. All were in  donation in the amount oftwo hundred dollars ($200.00).  favor.  CALDWELL COUNTY SCHOOLS DONATION REQUEST: Mayor Johnnie Greene stated that the Caldwell County Schools had requested a donation in the amount of fourteen Clay Wilson made a motion, and Keith Warren seconded, to give a donation in the amount of fourteen thousand dollars ($14,000.00) to the Caldwell County Schools. All were in favor.  thousand dollars ($14,000.00).    August 17,2021 Page 30 of8  DISCUSSION:  FLOCK SAFETY CAMERAS AND BUDGET AMENDMENT: Mayor Johnnie Greene stated that Town Manager Chase Winebarger and himself had met with a representative with Flock Safety Cameras about purchasing hardware and software solutions for automatic license plate detection through Flock's technology platform and upon detection, the Flock Service creates images and recordings of suspect vehicles and people. Mayor Johnnie Greene stated that the cost would be eleven thousand dollars ($11,000.00) for four (4) cameras or twenty- two thousand dollars ($22,000.00) for eight (8) cameras plus costs per year. Clay Wilson madeam motion, and Rebecca Johnson seconded, to approve a budget amendment int the amount of thirty thousand dollars ($30,000.00). All were in favor.  Clay Wilson made a motion, and Rebecca Johnson seconded, to enter into a contract with Flock Safety to purchase eight (8) cameras and all costs associated with the software and  hardware annually. All were in favor.  SAWMILLS ARCHITECTURAL PROPOSAL MASTER PLAN: Mayor Johnnie Greene stated that CBSA Architects are proposing architectural planning services to provide ac comprehensive master plan to identify and locate various facilities withing the site. The base amount of the contract is twenty thousand dollars ($20,000.00) and will be a mixed fee. The fee shall be adjusted according to any required adjustment in the scope of work. Any such adjustment shall be agreed in writing by both the Town and CBSA Architects.  Rebecca Johnson made a motion, and Clay Wilson seconded, to approve the contract with CBSA Architects for architectural planning services to provide a comprehensive master plan forthebase amount oftwenty thousand dollars ($20,000.00). All were inj favor.  PUBLIC COMMENT: Mayor Johnny Greene asked if anyone had any questions or  comments at this time. No one wished to speak. UPDATES:  AUGUST CODE ENFORCEMENT REPORT: Town Planner Dustin Millsaps stated that  there are four (4) code enforcement cases open:  Teresa Annas Compton, 4486 Sawmills School Road. Abandoned Mobile Home/Garbage and Rubbish. Town Planner Dustin Millsaps stated he received a    August 17, 2021 Page 4 of8  complaint on January 13, 2020. Town Planner Dustin Millsaps stated that a NOV letter was sent out on January 23, 2020 with a deadline of February 10, 2020. Town Planner Dustin Millsaps stated that the trailer is not finished and located on the same property as the Compton house that the Town abated in 2018. Town Planner Dustin Millsaps stated that staff will investigate and work with attorney for possible courses of abatement. Town Planner Dustin Millsaps stated that one (1) of Ms. Compton's sons is scheduled to meet with staff in late February to work towards getting the property in his name and get the property cleaned up. Town Planner Dustin Millsaps stated that staff has is waiting for Ms. Compton's son to schedule a time to come in and speak with staffregarding this property. Town Planner Dustin Millsaps stated that he went by the property on September 10, 2020 and the property is still in same condition with extremely high grass and would recommend demolition. Town Planner Dustin Millsaps stated that he has been in contact with Town Attorney Terry Taylor and former Town Planner to get all the evidence for this property. Town Planner Dustin Millsaps stated that on February 19, 2021, the title search process had been started with Town Attorney Terry Taylor. Town Planner Dustin Millsaps stated that on March 11,2021, there were three (3) heirs found from the title search process and letters had been sent out to all three (3) heirs. Town Planner Dustin Millsaps stated that as of May 11, 2021, fines have started to occur on this property. Town Planner Dustin Millsaps stated that as ofJune 10, 2021, all information on this case has been handed over to Town Attorney Terry Taylor to explore all options that are left to close Carolyn Bray/Robyn Brittan, 2570 Baker Cir. Abandoned Mobile Home/Garbage and Rubbish. Town Planner Dustin Millsaps stated that he was working with Town Attorney Terry. Taylort to abate this property. Town Planner Dustin Millsaps also stated that he will treat this as a. Junk and Debris and not minimum housing. Ifso, the Town can proceed to abate after thirty (30) days of notice. Town Planner Dustin Millsaps stated that he got a quote that will demo entire trailer and haul off all debris including our equipment, labor and fees. Town Planner Dustin Millsaps stated that the quote is four thousand one hundred dollars ($4,100.00). Town Planner Dustin Millsaps stated that on September 10, 2020, the house was still in the same condition and the Town needed to discuss abatement. Town Planner Dustin Millsaps stated that on November 30, 2020, the he had been in contact with Town Attorney Terry Taylor to get all evidence for this property done with previous Town Planner. Town Planner Dustin Millsaps stated that on February 12, 2021, Council instructed Town Planner to table this case until the May 18, 2021, meeting to see where the property ends up. Town Planner Dustin Millsaps stated that on May 7, 2021, he spoke with Attorney Bruce Vanderbloemen, the estate attorney for Carolyn Bray, and was informed that the house has had all the paperwork finished for the property to be sold in a tax sale at the end of May. Town Planner Dustin Millsaps stated that on July 2, 2021 Attorney Bruce Vanderbloeman had assumed rights over the property. Town Planner Dustin Millsaps stated that he went by the property on July 9, 2021 and the property looked to be vacant. Town Planner Dustin Millsaps stated that on August 4, 2021 he received two  this case;  (2) new complaints on the property;    August 17, 2021 Page 5of8  Denise Dotson/William S Annas, II, 4095 Gatewood Dr. Abandoned Mobile Home/Minimum Housing. Town Planner Dustin Millsaps stated that a complaint was received on March 5, 2020, and a regular NOV letter and a certified NOV letter was sent on March 5,:2020, with a deadline of March 23, 2020. Town Planner Dustin Millsaps stated that the mobile home has been sprayed painted and has an apparent tenant, however, the water meter has been pulled from the property. Property was cleaned up. However, Mr. Annas informed Town Planner Dustin Millsaps that a new tenant has moved in the mobile home. Town Planner Dustin Millsaps stated that a second NOV letter was sent on May 15, 2020 with a deadline of June 15, 2020 for additional garbage on property. Town Planner Dustin Millsaps stated that staff will investigate and work with Town Attorney for possible courses of abatement. Town Planner Dustin Millsaps stated that he went by the property on September 10, 2020 and all garbage has been picked up, however, the house has multiple windows smashed out which is now a minimum housing violation. Town Planner Dustin Millsaps stated that he spoke with property owner and he plans on removing the trailer on November 5, 2020. Town Planner Dustin Millsaps stated that he spoke to William SAnnas, II, the property owner, on November 5, 2020 and his plans are removing the mobile home. Town Planner Dustin Millsaps stated that he tried to get in touch with property owner William S Annas, II four (4) times from November 5, 2020 to November 19, 2020 before he would answer the phone for him again, and Town Planner Dustin Millsaps stated he informed property owner Williams S Annas, II that the Town would have to pursue moving the mobile home or fines would occur for him. Town Planner Dustin Millsaps stated that he talked to property owner William S. Annas, II on December 8, 2020 and was informed that the property owner had been in contact. with an attorney about removal of the mobile home. Town Planner Dustin Millsaps stated that on January 7, 2021, he spoke with property owner William S Annas, II and the property owner stated that he had not worked with his attorney because his attorney had been quarantined multiple times. Town Planner Dustin Millsaps stated that on 2/7/21 he talked with property owner William S Annas, I, again and Mr. Annas stated that hei is still talking tol his attorney about getting thei issue handled. Town Planner Dustin Millsaps stated that he spoke with property owner William S Annas, II, on 4/13/21 and Mr. Annas stated that he is currently in the process of evicting current tenant SO that he can tear the mobile home down. Town Planner Dustin Millsaps stated that on June 10, 2021, he spoke with William S. Annas, II, and was informed that the tenant has been evicted and the last day for the tenant to move out is June 11, 2021. Town Planner Dustin Millsaps stated that William S. Annas, II informed him that after the evicted tenants time to leave is up, he will get with his attorney to look at his options with the dilapidated trailer. Town Planner Dustin Millsaps stated that on July 1,2021 the tenants had officially been evicted and William S Annas, II was talking with his attorney to see what his next steps on for the trailer would be. Town Planner Dustin Millsaps stated that he went by the property on July 9, 2021 and William S Annas, II had started tearing the mobile home down. Town Planner Dustin Millsaps stated that the mobile home has been torn down;    August 17,2021 Page 6of8  Glen, Cleo and Doug Sawyer, 4113 Horseshoe Bend Rd. Rubbish. Town Planner Dustin Millsaps stated that he received a complaint regarding tall grass and rubbish and sent a NOV letter on July 2, 2021. Town Planner Dustin Millsaps stated that on July 9, 2021 he went by the property and the problem still persist. Town Planner Dustin Millsaps stated that on July 27, 2021 he went by the property and the grass is  mowed.  No Council action was required.  TOWN MANAGER UPDATES: Town Manager Chase Winebarger had the following  updates:  Town Manager Chase Winebarger stated that he had scheduled a lunch meeting with pastors of the local churches. Town Manager Chase Winebarger stated that several cancelled the day of the meeting, but it went good with the pastors that came. Town Manager Chase Winebarger stated that he was going to try to make schedule meetings with the local pastors quarterly to keep everyone informed ofwhat is happening in the Town Manager Chase Winebarger stated that he has ordered Town shirts with a new Town Manager Chase Winebarger stated that baseball registrations are underway with sixty-three (63) registrations currently in three (3) 8U & three (3) 10U teams. Town Manager Chase Winebarger stated that there were only forty-eight (48) registrations Town Manager Chase Winebarger stated that kick and wiffle ball did not have enough participation this year. Town Manager Chase Winebarger stated that this year the cost ofkick ball and wiffle ball was forty dollars ($40.00) per person and he would liketo change theregisratiorfetoy perteam next year to seei ifthere 1S more interest. Town Manager Chase Winebarger stated that he has talked to a company in Hickory tol help design a new logo for the Town. Town Manager Chase Winebarger stated that when the Town receives the new logo, he would like to talk to South Caldwell High School about a partnership to get the logo out into the Public. Town Manager Chase Winebarger stated that included with the partnership is a full page ad in South Caldwell's sports program; a sign, with the new logo on it, at the football/baseball stadium; a sign, with the new logo on it, at the softball field; a sign, with the new logo on it in the gymnasium; an all sports pass and ai reserved spot for football. Town Manager Chase Winebarger stated that the newest census information has been released and according to the census the Town has lost two hundred twenty (220) Town Manager Chase Winebarger stated that he had toured the former Kohler & Campbell building located at 4233 US Highway 321A today. Town Manager Chase Winebarger stated that the new owner oft thel building had contacted him tol let him and  Town. design on them.  forspring baseball and that was-including an additional age group.  people and forty-one (41) housing units.    August 17,2021 Page 7of8  informed him that most of the renovations had been completed and that it was ready Town Manger Chase Winebarger stated that he had received a call from ChiefLail at Sawmills Volunteer Fire and Rescue asking to borrow our PA System. Town Manager Chase Winebarger stated that there had been discussion in the past about donating the older PA System to Sawmills Volunteer Fire and Rescue and wanted to know what Clay Wilson made a motion, and Rebecca Johnson seconded, to donate the older PA System to Sawmills Volunteer Fire and Rescue. All were in favor. Town Manager Chase Winebarger stated thatt the Town has been approached by Lamar regarding the donation of a scoreboard for the baseball field. The scoreboard its self would be donated but there would be a twenty-five thousand dollar ($25,000.00) cost associated with scoreboard for installation and setup. Town Manager Chase Winebarger stated that the scoreboard was a sixty thousand dollar ($60,000.00) scoreboard. Citizen Kelly Price asked Town Manager Chase Winebarger if the sign would be capable of playing movies, and ifs so, the Town could host movie nights at Town Manager Chase Winebarger stated that with the current surge in Covid cases that he would like to know if Council would be opposed to starting Covid measures again at Town Hall. Town Manager Chase Winebarger stated that the Town would require all visitors to wear face masks or coverings and only one (1) person at at time Town Manager Chase Winebarger stated that Republic Services had started switching out town cans for Republie eans this week. Town Manager Chase Winebarger-stated Town Manager Chase Winebarger stated that with the ARPA money that has been given to the Town, that staff is trying to get confirmation of what the monies can be spent on. Town Manager Chase Winebarger stated that staff would like to do water  to be on the market for renters.  Council's thoughts.  the park.  int the lobby.  that all cans should be switched out within the month.  projects with the monies.  CLOSED SESSION PURSUANT TO N.C.G.S. 143.318-11(A)0): Mayor Johnnie Clay Wilson made a motion, and Rebecca Johnson seconded, to go into closed session pursuant to N.C.G.S. S 143.318-11(a)0) at approximately 6:59pm. All were in favor. Clay Wilson made a motion, and Rebecca Johnson seconded, to come out of closed session  Greene asked for a motion to go into closed session.  at approximately 7:17pm. All were in favor.    August 17,2021 Page 8 of8  COUNCIL ADJOURN: Mayor Johnnie Greene asked forar motion to adjourn. Clay Wilson made a motion, and Rebecca Johnson seconded, to adjourn the meeting. All  were in favor.  The meeting was adjourned at approximately 7:17pm.  Johnnie Greene, Mayor  Julie A. Good, Town Clerk    AGENDA ITEM 7A  MEMO DATE: SUBJECT:  September 21, 2021 Recognition: Recycle Rewards Program  Discussion:  The Town of Sawmills would like to congratulate Richard Tucker on winning the Recycle Rewards Program for the month of September. Mayor Johnnie Greene will present him with a Certificate of Appreciation. A thirty-two dollar ($32.00) credit will be added to the current  sanitation bill.  Recommendation: No Council action is required.    AGENDA ITEM 8A  MEMO DATE: SUBJECT:  September 21, 2021 Discussion: Employee Vaccine Incentive  Discussion: vaccinations.  Staff would like to discuss an incentive to encourage employee participation in COVID  Recommendation:  Staffr recommends Council discuss this matter and decide how they wish to proceed.    MAYOR Johnnie Greene TOWN MANAGER Chase Winebarger TOWN PLANNER Dustin Millsaps  TOWN COUNCIL Keith Warren, Mayor Pro-Tem Clay Wilson Rebecca Johnson Melissa Curtis Joe Wesson  OFSANTN  CORPORATED  SAWMILISTOWN COUNCIL September 21st, 2021 6:00 PM PLANNER'S STAFF REPORT  ATTACHMENT (A) - Updated Definitions ATTACHMENT (B) - Updated Use Chart  Background  The purpose for these changes is to catch up the use-chart and the definition section within the Town of Sawmills Zoning Ordinance. Over the years things have been added to the use chart and never defined, on the other hand things have been defined and not added to the use chart. The purpose for catching up these two main aspects of our Zoning Ordinance is For example, someone will come in for a question for a certain use. That use will be defined and not be listed in the use-chart.. Even if they-cannot have it, it-stillneeds to haveno permitted uses in the use chart. On the other hand, someone may come in and name a particular use that is on the chart. With no definition to interpret it is difficult what that use The underlined words in the chart and definitions is what is being added to the ordinance,  for transparency and more clear uses.  actually is, especially with a broad term as "Art Store."  the strike-through words is what isl being taken out oft the ordinance.  Planning Board. Recommendation  Planning board recommends approval on the text amendment change to the Town  Ordinance.    Stafrecommendation  Staff recommends for the Town of Sawmills Zoning Ordinance be updated (definitions and use-chart) for more fluidity and more. comprehensive interpretation for the planner to make decisions. This will ensure a more accurate and fair interpretations on the zoning uses for  years to come.  4076 US Highway 321-A * Sawmills NC *(828)396-7903 * (828)396-8955 fax  pswgiomhmiscen  The" Town ofs Sawmills does not discriminate ont thel basis of age, sex, race, religion, national origin, disability, political affiliation, or maritals status.    $153.005  DEFINITIONS  For thej purpose ofthis chapter, the following definitions shall apply unless the context clearly indicates or ACCESSORY DWELLING. A dwelling unit that is accessory, supplementary, and secondary to the principal DWELLING UNIT that may be constructed as an addition to the principal structure or as an ACCESSORY STRUCTURE. A: structure incidental and subordinate toi thej principal structure and located on the same parcel with such principal structure. Swimming pools (above and below ground) are ACCESSORY STRUCTURES. Items such as doghouses, bird houses, benches, picnic tables and the like are not considered ACCESSORY STRUCTURES. Gazebos, covered picnic shelters, and the like are not considered ACCESSORY STRUCTURES except for meeting setback requirements. When the term ACCESSORY BUILDING is used in this chapter, it shall be interpreted to mean ACCESSORY STRUCTURE as defined herein. Tractortrailers, manufactured homes, and storage pods may not be used ACCESSORY USE. A use customarily incidental and subordinate to the principal use and located on the same parcel with such principal use. In no instance shall an ACCESSORY USE be used as principal use. Furthermore, in no instance shall an ACCESSORY USE be placed upon a parcel which is absent of a ADULT ESTABLISHMENTS. A land-use which is established for the explicit purpose of adult (1) The following items represent but are not limited to, examples of ADULT ESTABLISHMENIS: ADULT ARCADE. An establishment where, for any. form of consideration, one or more motion picture projectors, slide projectors, or other similar machines for viewing by five or fewer persons each are used. to show films, motion pictures, video cassettes, DVD's or other photographic or digital reproductions that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (See division (2) of this definition for the definition of ADULT BOOKSTORE. Am establishment that has as a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any one or more of the following: books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes, DVD's, slides or other visual representations that are characterized by an emphasis upon the depiction or description of specialized sexual activities or specified anatomical areas; or instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities. (See division (2) ofthis definition for the definition of specified sexual activities or specified anatomical areas.) ADULTO CABARET. A nightclub, bar, restaurant, or similar establishment that regularly features live performances that are characterized by the exposure ofs specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, DVD's, slides, or other photographic or digital reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specifiedanatomical. areas. (Seec division (2)ofthis definition: for the definition ofs specified  requires a different meaning.  accessory building.  as ACCESSORY STRUCTURES in the residential zoning districts.  principal use. entertainment.  specified sexual activities or specified anatomical areas.)  sexual activities or specified anatomical areas.)    ADULT MOTION PICTURE THEATER. An establishment where, for any form or consideration, films, motion pictures, video cassettes, DVD's, slides or other similar photographic or digital reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing ofr material characterized by an emphasis on the depiction or description ofspecified sexual activities or specified anatomical areas. (See division (2) ofthis definition for the definition ofspecified ADULT THEATER. A theater, concert hall, auditorium, or similar establishment characterized by (activities featuring) the exposure ofs specified anatomical areas or by specified sexual activities. (See division (2) of this definition for the definition of specified sexual activities or specified anatomical MASSAGE PARLOR. An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation oft the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa, or similar establishment where a massage or similar manipulation of the human body is offered as an SEXUAL ENCOUNTER ESTABLISHMENT. An establishment other than a hotel or motel, or similar establishment offering public accommodations, which, for any form of consideration, provides aplace where two or more persons may congregate, associate, or consort in connection with specified. sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person (2)(a) SPECIFIED ANATOMICAL AREAS. As used herein, specified anatomical areas means and  sexual activities or specified anatomical areas.)  areas.)  incidental or accessory service.  licensed byt the state engages in sexual therapy. includes any form oft the following:  1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or  female breasts below aj point immediately above the top of the areola; or 2. Human male genitals even if completely and opaquely covered.  (b) SPECIFIEDSEXUALACTIVIES: Asused herein, includes anyofthe following:  1. The fondling or other erotic touching ofhuman genitals, pubic region, buttocks, anus, or female 2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or  breasts; sodomy;  3. Masturbation, actual or simulated; or 1through 3 ofthis definition.  4. Excretory functions as part of or in connection with any oft the activities set forth in divisions (3) An establishment where aj person appears in a state of nudity as part ofai modeling class will not be  construed as an ADULT ESTABLISHMENT ift the establishment is operated:    (a) By a proper school, licensed by the state; a college, junior college, or university accredited by a  nationally recognized accreditation authority; and  (b) In a structure:  1. Which has no sign visible from the exterior of the structure and no other advertising that 2. Where, in order to participate in the class, a student must enroll at least three days in advance  indicates a nude person is available for viewing;  oft the class; and  3. Where no more than one model is nude at any one time.  AIRPORT, PRIVATE USE. Any airport licensed by North Carolina as a private airport. used primarily by the airport licensee. but available for use by others upon specific invitation oft the licensee. AIRPORT.PUBLICI USE. Any publicly or privately owned airport licensed by North Carolina as a public airport. which meets minimum safety and service standards and is open for use to the general flyingpublic. ALLEY. A public way which affords only a secondary means of access to abutting property and not ANIMAL FEED MANUFACTURING: A manufacturing facility dedicated to making various types of ALTERNATIVE STRUCTURE. A structure which is not primarily constructed for the purpose of holding antennas but on which one or more antennas may be mounted.. ALTERNATIVE STRUCTURES include, but are not limited to, buildings, silos, water tanks, pole signs, lighting standards, steeples, ANTENNA. Any exterior transmitting or receiving device which radiates or captures electromagnetic ANTENNA,CONCEALED. An antenna with as support structure that screens or camouflages the presence fammsmderowefom publicvlewy,lmamammer: appropriatet tothesite's contextands surrounding environment. Examples OfCONCEALED ANTENNAS include but are not limited to manmade trees, clock towers, flag poles, light structure, steeples, camouflage painting and similar objects. ANTENNA, DUAL-BAND/MULTI-BAND. An antenna with separate elements for two or more commercial wireless service frequency bands (example: cellular and PCS or specialized mobile radio). ANTIQUE STORE. A business that sales a product that is of value because of oldness as respects the  intended for general traffic circulation.  animal feed.  billboards and electric transmission towers. waves (excluding radar signals).  present age. and not simply because the product is not new.  ARMORY. An establishment with the sole purpose of storing weapons for the military.  ARTGALLERY. An establishment engaged int the sale. loan. or display of art books. paintings.sculpture, or other works of art. This clarification does not include libraries. museums. or non-commercial art  galleries.    AUTOMOBILE SALES LOT. A land use which utilizes a parcel of property for the storage, open or ARTGOODS! STORE. A store with the sole purpose ofs selling a variety of different art supplies. ASSEMBLELY HALL. A building or portion of a building in which facilities are provided for civic. AUDITORIUM. An open. partially enclosed. or fully enclosed facility used or intended to be used primarily for spectator sports. entertainment events. expositions. and other public gatherings. Typical uses AUTOMOBILE PARKING LOT AND STRUCTURE. A parking lot or structure dedicated to AUTOMOBILEPARISRETALL ESTABLISHMENT. .Stores that sell new automobile parts. tires. and accessories. May also include minor parts installation. Does not include tire recapping establishments or AUTOMOBILE REPAIR! SERVICESESTABLISHMENT. Aaeiliywhichisepersepersiederthepupese FrepalringandeFReARStRgANCee: Anyl building, structure. improvements. or land used for the repair and maintenance of automobiles. motorcycles. trucks. trailers. or similar vehicles including but not limited to body, fender, muffler.or upholstery work, oil change and lubrication. painting, tire service and sales. or installation of CB radios, car alarms. stereo equipment. or cellular telephones. AUTOMOBILE SALES. Storage and display for sale of more than two motor vehicles or any type of trailer provided the trailer is unoccupied. and where repair or body work is incidental to the operation of the new or used vehicle sales. Motor vehicles sales includes motor vehicle retail or wholesale sales. AUTOMOTIVE CAR WASH/DETAIL SHOP. A facility where either the owner of an automobile or an BACKYARD WORKSHOP. A home occupation which is conducted within an accessory structure. BAKERY. An establishment primarily engaged in the retail sale of baked products for consumption off EemEmETPe either ronsealfsie-Sishiuemavinideimikal food-service BANK. A freestanding building, with or without a drive-up window, for the custody, loan. or exchange of BANKS, WITH DRIVE THRU. A financial institution that is open to the public and engaged in deposit banking, and that performs closely related functions such as making loans. investments. and fiduciary activities. This bank shall have a drive thru for the purpose of offering banking services directly to the BANKS, WITHOUT DRIVE THRU. A financial institution that is open to the public and engaged in deposit banking, and that performs closely related functions such as making loans. investments. and BARBER SHOP. Any establishment or place of business within which the practice ofbarberingi ise engaged  concealed, and sale ofnew and/or used automobiles.  educational, political. religious. or social purposes.  include convention and exhibition halls. sports arenas. and amphitheaters.  automobiles consisting of no more than four wheels. businesses dealing exclusively in used parts.  employee oft the establishment cleans automobiles.  money: for the extension of credit: and for facilitating the transmission of funds.  occupants of motor vehicles.  fiduciary activities.  in or carried on by one or more barbers.    BEAUTY SALON. A fixed establishment or place where one or more persons engage in the practice of BED AND: BREAKFASTI INN. An owner-occupied dwelling unit which provides for short-term lodging BEDDINGM MANUFACTURING. The manufacture ofb bedding materials to compile for the final product BILLBOARD. An off-premises sign owned by aj person, corporation, or other entity that engages in the BOARDING HOUSE. An establishment with lodging for five or more persons where meals are regularly prepared and served for compensation: and where food is placed upon the table family style. without service BOAT SALESRENTAL. The accumulation and retail sale ofr marine vehicles to the general public. This BOOKSTORE. A retail establishment that. as its primary business. engages in the sale. rental. or other charge-for-use of books, magazines. newspapers. greeting cards. postcards. videotapes. computer software, orany other printed or electronically conveyed information or media, excluding any "adult bookstore." BOWLING ALLEY. An establishment that devotes moret than 50 percent ofi its gross floor area to bowling BUFFER.. A method, perpetually maintained, by which as view of one zoning district iss shielded, concealed or hidden by a visual block which is constructed or preserved upon the site. When existing vegetation is  cosmetology.  accommodations: (less than thirty days), with or without meals, for compensation.  ofar mattress.  business ofs selling the advertising space on that sign. or ordering of individual portions from a menu. shall include boat rental services.  "adult theater. ? "theater," or studio theater." lanes, equipment, and playing area.  present such vegetation shall be preserved for buffering purposes.  Commerclal District ITTIT  Residential District-  Buffer,  BUILDING HEIGHT. The vertical distance measured from the average elevation ofthei finished lot grade at the front building line to the highest point of the roof beams adjacent to the front oft the wall in the case ofa flat roof, to the average height oft the gables in the case ofa pitched roof, and to the deck line in the  case ofar mansard roof.    RESIDENTTAL STRUCTURE AINERIGNY  COMMERGIAL STAGOTUAE  JCILDING ALIENT EAADE  BUILDING SUPPLY. AND EQUIPMENT SALES. The accumulation and retail sale ofvarious building supplies and/or equipment. This only pertains to new equipment only, the resale of used building supplies/equipment is strictly prohibited. Daily-weekly rentals of equipment only shall be permitted. BUMPER OVERHANG. The distance measured from the outermost portion of the curb stop forward which is intended to allow area for the portion oft the vehicle that protrudes forward or backward beyond the wheels ofs said vehicle so1 that said vehicle does not protrude into any vertically adjoining parking stalls. BUSSHELTER. A small, roofed structure. usually having three walls. located near a street and designed BUS STATION. The congregation of various public transporationrbusses forthe parking, toadingof passengers. and service oft the busses. This willl be a common area that alll busses will come for the purpose BUSINESS SIGN. A sign which directs attention to goods, commodities, products, services, or CAMPGROUND. Ana area or tract ofl land on which accommodations: for temporary occupancy are located ormay be placed, including cabins, tents, and major recreational equipment, and which is primarily used for recreational purposes and retains an open. air or natural character. In no instance shall a CANDY STORE. A store dedicated to the sale of candy only, this shall include the manufacture of the  primarily for the protection and convenience of bus passengers.  ofs serving the public with transportation services.  entertainment sold or offered upon the premises where the sign is located.  CAMPGROUND be used for permanent residency.  candy on premises.  CANOPY. An attached structure which provides shelter.    CARPET MANUFACTURING. The manufacture of residential, marine. and/or automotive carpet at CELLAR. A story having more than one-halfofi its height below the average level ofthe adjoining ground. CEMETERY, COMMERCIAL. A facility not used in conjunction with a church or similar place of worship, which is used for the burial, above or below ground, of deceased human beings or animals. This definition includes columbariums, crematories, mausoleums, and mortuaries when operated in conjunction CEMETERY. PRIVATE. Private land used for the burial of the dead. and dedicated for cemetery CLINIC. An establishment where patients are admitted for special study and/or treatment by one or more  wholesale. This shall not include the installation of carpet.  A CELLAR shall not be counted as a story for purposes ofheight measurement.  with and within the boundaries of the commercial cemetery.  purposes. excluding columbariums. crematories. mausoleums. andi mortuaries.  licensed practitioners ini medically related arts.  CLOTHING MANUFACTURING. The creation of clothing from raw materials.  CLOTHINGSTORE. The congregation ofvarious clothing articles for the retail sale ofi new clothes. this CLUSTER DEVELOPMENT. The grouping of buildings in order to conserve land resources and provide fori innovation int the design oft thej project. Thist termi includes non-residential development as well as single- family residential subdivisions and multi-family developments that do not involve the subdivision ofl land. CLUSTER DEVELOPMENTS shall be developed utilizing the identical standards placed upon Planned CO-LOCATION. The placement of additional antennas of antenna arrays on an existing or approved telecommunications tower (ora alternative structure), the sharing ofanantenna or antenna array, or otherwise sharing a common location by two or more commercial wireless service providers of personal wireless services. CO-LOCATION includes antennas, transmitters, receivers and related electronic equipment, cabling, wiring, equipment enclosures and other support equipment or improvements located on the tower COMMERCIAL-WIRELESS: SERVICEPROVIDEK: Personswho operate radio-systems requiringan FCC license and who employ those facilities to provide fixed wireless (including microwave) or mobile wireless communication services to third parties for compensation. COMMERCIAL WIRELESS SERVICE PROVIDERS include, but are not limited to cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced: specializedi mobile radio (ESMR), paging, and competitive local CONCRETLORPAVING MATERIALSMINING PLANT.This land usei ismeant for the sole purpose oft the manufacture of concrete or other paving materials. This land use shall also include the deliveryo of CONDITIONAL USE PERMIT. A permit granted by the Board of Adjustment after the Board holds a quasi-judicial public hearing. Such a permit authorizes a use, the nature ofv which, would not be appropriate generally throughout the zoning district but which, ifr regulated as to number, size, location or relation to the neighborhood, would not hinder the public health, safety, and general welfare. Each district shall have  shall not include the resale of used clothing.  Unit Developments.  site.  exchange carriers (CLEC) utilizing point-to-multpoint microwave.  certain paving materials from the mixingp plant.    a list of conditional uses which could be authorized within such district. Ifa conditional use is not listedi in the subject district then it is prohibited. Conditions outlined by the Ordinance may not be modified and/or omitted by the Board of Adjustment. Additional conditions which are not listed in the Ordinance may be CONDOMINIUM. A group of dwelling units as defined by the North Carolina Condominium Act. CONGREGATE HOUSING. A structure or group of structures containing two or more dwelling units and rooming units limited in occupancy and occupied by persons, their spouses, or surviving spouses, except for rooms or units occupied by resident staff personnel, providing on-site, conveniently located, shared food preparation services and major dining areas, and common recreational, social, and service facilities for the exclusive use ofall residents. This definition shall include RESTI HOME. CONTRACTORS OFFICE. An establishment used for the indoor repair. maintenance. or storage ofa contractor's vehicles. equipment. or materials, and may include the contractor's business office. This CONVALENCENTHOME. A facilityt that provides nursing services and custodial care on a 24-hour basis for three or more unrelated individuals who for reasons of illness. physical infirmity, or advanced age. CONVENIENCESTORE. AI retail store with a floor area ofl less than 2.500 square feet that sells groceries and may also sell gasoline: does not include automotive service stations or vehicle repair shops. CORRECTIONAL INSTITUTION. Facilities for the judicially required detention or incarceration of people. where inmates and detainees are under 24-hour supervision by professionals. except when on approved leave. Ifthe use otherwise complies with this definition, a [correctional institution] may include. COUNTRY CLUB. A club with recreation facilities for members. their families. and invited guests. CRITICAL ROOT: ZONE (CRZ). A circular region measured outward from at tree trunk representing the essential area oft the roots that must be maintained in order for the tree's survival. The CRZ is one foot for every inch of tree diameter measured at four and one-half feet above grade, with a minimum ofe eight feet.  added to the CONDITIONAL USE PERMIT by the Board of Adjustment.  definition shall also include CONTRACTOR'S SHOP.  require such services.  by way ofillustration, a prison, jail, or probation center.  Each CRZ shall be clearly marked and surrounded a means ofadequate protection.    TREE DESCRIPTIVE TERMS.  Dripline  : Feet  CriticalR Root Zona  CURB STOP. A barrier which prohibits the through access ofaj parking stall.  CUSTOMARY HOME OCCUPATION. Any use conducted entirely within the dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for DAY CARE. An agency, organization, or individual providing daytime care ofs six or more persons not related by blood or marriage to, or not the legal wards or foster children, oft the attendant adult. DENTAL CLINIC. An office organized to provide dental treatment by one or more dentist and dental DENTAL LABORATORY. An establishment with the dedication of running lab work and test on DEPARTMENT STORE. A business which is conducted under a single owner's name wherein a variety of unrelated merchandise and services are housed enclosed and are exhibited and sold directly to the DETERGENT MANUFACTUING. This land use is tied to the sole purpose of manufacturing detergent. this shall not permit any type of chemical dumping for the manufacturing of detergent. DEVELOPMENT. Any land disturbing activity which changes thei natural character ofthel land area. DISCERNIBLE. Capable of being distinguished with the eye or mind from its surroundings. As way of DRUG STORE. An establishment engaged in the retail sale of prescription drugs. nonprescription DRY CLEANERS. An establishment or business maintained for the pickup and delivery of dry cleaning and/or laundry without the maintenance or operation of any laundry or dry-cleaning equipment or  residential purposes and does not change the character thereof.  hygienist to provide dental care to the community.  different dental specimens.  MBOIEBENIONRCNSN and.servicesarei furnished.  example and not limitation, at telecommunications tower on a hill.  medicines. cosmetics. and related supplies.  machinery on the premises.    DRY GOODS STORE. A store dedicated to the retail sale of products that do not require any type of DWELLING UNIT. A building, or portion thereof, providing complete and permanent living facilities for one family. The term DWELLING UNIT shall not be deemed to include a motel, hotel, tourist home, or DWELLING, DUPLEX. A building designed as a single structure. containing two separate living units. each ofy which is designed to be occupied as a separate permanent residence for one family each. DWELLING, SINGLE- FAMILY.A building designed for and containing one dwelling unit. DWELLING, TWO FAMILY. A building designed for and containing two dwelling units.  special storage treatment.  other structure designed for transient residence.  DWELLING, TWOFAMILV nopgon  PRIVATE ENTRANOES  GOMMON WALLS  DWELLING, MULTI-FAMILY. A building designed for and containing three or more dwelling units.  Dwelling, multi-family  0000 000 0001 D E 000  us  ELECTRIC TRANSMISSION TOWERS. Metal towers used to suspend wires transporting electricity between generating plants and substations supplying electricity to distribution and feeder lines. ELECTRICAL AND ELECTRONIC PRODUCT SALES. The accumulation and retail sale of ELECTRICAL AND ELECTRONIC PRODUCT MANUFACTURING. The act of manufacturinga  electronic products.  product with aj primarily electronic use.    EQUIPMENT ENCLOSURE. A building, cabinet or shelter used to house transmitters, receivers and EXISTING DEVELOPMENT. Those projects which are built or those projects that has established a vested right under GS $160A-385.1, as amended, as of the effective date ofthis Ordinance based on at least (1) Building permits have been issued pursuant to GS $160A-417 prior to the enactment oft this chapter or amendments SO long as the permit(s) remain valid and unexpired pursuant to GS $160A-418 and (2) A vested right has been established pursuant to GS $160A-385.1 and such vested right remains valid  other electronic equipment and accessories at a wireless elecommunication facility.  one ofthe following criteria:  unrevoked pursuant to GS $$160A-421 and 160A-422; or  and unexpired pursuant to GS $160A-385.1 as subsequently amended.  FAA. Federal Aviation Administration. different colors. texture. and materials.  FABRICSTORE. A store that has the sole focus for the sale of various fabrics/textiles. that come in many FALLZONE. Anarea around the base ofat telecommunication tower required to bel kept clear ofbuildings, other than equipment enclosures associated with the wireless telecommunication facility, to contain debris  int the event ofat tower structure failure. FCC. Federal Communications: Commission.  FAMILY CARE HOME. An establishment qualified for a license by North Carolina which provides resident services to individuals of whom one or more are unrelated. Thei individuals are handicapped. aged, or disabled. are undergoing rehabilitation or extended care. and are provided services to meet their needs. FEED AND SEED STORE. A retail store selling primarily agricultural products. including the bulk FENCE. Any artificially constructed barrier ofa any material or combination of materials erected to enclose FLEA MARKET.A building or open area in which stalls or sales areas are set aside, rented or otherwise FLOORING STORE. A store that has the dedicated purpose of the sale of residential flooring. including FLORIST. Retail business whose principal activity is the selling of plants which are not grown on thes site  storage of fertilizers and related agrichemicals.  areas ofl land.  provided, and which are intended for use by individuals for the sale of goods.  but not limited to: hardwoods, vinyl. and/or tile. and conducting business within an enclosed building.  FIRE STATION. A building used for fire equipment and firefighters.  FOWL. Any of several other. usually gallinaceous. birds that are barnyard. domesticated. or wild, as the  duck. turkey. or pheasant.    FOOD PROCESSING ESTABLISHMENT. Manufacturing establishments producing or processing foods for human consumption and certain related products. Includes: (1) bakery products. sugar and confectionery products (except facilities that produce goods only for on-site sales with no wider distribution: (2) dairy products processing: (3) fats and oil products (not including rendering plants):(4) fruit and vegetable canning, preserving, and related processing: (5) grain mill products and by-products: (6)meat. poultry, and seafood canning. curing, and byproduct processing (not including facilities that also slaughter animals); and (7) miscellaneous food preparation from raw products. including catering services that are independent from food stores or restaurants. This shall also include PREPARED FOODS AND FOSTER CARE. A dwelling used in whole or in part as living quarters for a household including one or more minor children, placed by a licensed child placement agency, who are not members of the family occupying said dwelling but. are under their supervision. This shall also include a GROUP HOME. FUNCTIONALLY EQUIVALENT SERVICES. FCC-licensed providers of commercial mobile radio services (CMRS) classified as cellular, personal communication services (PCS), paging, and specialized FUNERALHOME. Al building or part thereof used forl human funeral services. Such! building may contain space and facilities for (a) embalming and the performance of other services used in the preparation of the dead for burial: (b) the performance of autopsies and other surgical procedures: (c) the storage of caskets, funeral urns. and other related funeral supplies: (d) the storage of funeral vehicles: and (e) facilities for cremation. Where a funeral home is permitted. a funeral chapel shall also be permitted. FURNITURE MANUFACTURING. A manufacturing establishment that has the dedication for the assembly ofi furniture. This shall include the actual fabrication of supplies needed to make furniture and/or FURNTITURE STORE. A store that has the dedicated purpose of the retail sale of furniture. this shall GASOLINE, OIL, OR FUELSTORAGE. ABOVE GROUND. The storage of petroleum products and GIFT SHOP. Retail stores where items such as art. antiques. jewelry books. notions. and other novelty GLASS MANUFACTURING. A manufacturing establishment that has the dedicated purpose of the production of glass from raw materials. This shall include thes shapingandi formingofglassi to meet a desired GOVERNMENTAL USER. Federal, State or local governments, or agencies or instrumentalities thereof, volunteer fire departments or rescue squads which operate radio systems (including microwave) requiring an FCC license and which employ those facilities exclusively fori intra-governmental or inter-governmental GRADE. An average level oft thei finished surface ofthe ground adjacent toi the exterior walls ofthel building  MISCELLANEOUS FOOD PRODUCT MANUFACTURING.  mobile radio (SMR) and enhanced specialized mobile radio (ESMR).  the intake of those supplies and committing assemblyonly.  not permit the manufacturing of furniture.  other fuel in large containers for bulk storage tanks that lie above ground level.  items-are-sold.  look.  public service, public safety or administrative purposes.  or structure.    GREENHOUSE. Retail business whose principal activity is the selling of plants grown on the site and having outside storage. growing. or display. Where a greenhouse is permitted a storefront shall also be GROCERY, FOOD, PRODUCE, FRUIT AND MEAT STORES. Stores where most of the floor area is devoted to the sale of food products for home preparation and consumption. which typically also offer other home care and personal care products. and which are substantially larger and carry a broader range GROSS FLOOR AREA. The total area of all buildings in the project including basements, mezzanines and upper floors, exclusive of stairways and elevator shafts. It excludes separate service facilities outside GUN STORE. An establishment having at least 25 percent of its gross floor area used for the sale of firearms. ammunition and ammunition components. and hunting or shooting equipment. GUNSMITH. A person who practices in the trade of thei repair and/or creation of firearms. GYMNASIUM. Recreational center for the exclusive use of members and their guests with facilities usually including swimming pools and/or tennis courts. but specifically excluding golf courses. This HARDWARE STORE. A facility of 30,000 or fewer square feet gross floor area. primarily engaged in the retail sale of various basic hardware lines. such as tools. builders' hardware. plumbing and electrical supplies. paint and glass. housewares and/or household appliances. garden supplies. and cutlery. HATCHERY. Establishments devoted to hatching, raising and/or rearing of fish or fowl.  permitted except fori in residential areas.  ofr merchandise than convenience stores.  the main building such as boiler rooms and maintenance shops.  definition shall include HEALTH CLUBS.  HAZARDOUS. MATERIAL. Any substance list as such in: SARA Section 302, Extremely Hazardous Substances, CERCLA Hazardous Substances, or Section 311 ofCWA (Oil & Hazardous Substances). HOBBY STORE. Aj retail establishment that sells recreational modelling and craft supplies and specialty magazines for model airplanes (both military craft and airliners). train models, ship models, house and building models. Some hobby shops may also sell dolls. and collectible coins and stamps. A subtype of hobby shop is a game store. which sells board games. This shall also include CRAFTSSTORE. HOMEOCCUPATION.CUSTOMARY: Am occupation profession which is condueted entirely-within  the residential dwelling.provided that:  (I)No person other than members of the family residing on the premises shall be engaged in such (2)The use oft the dwelling unit fort the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants. and not more than 25% oft the floor area ofthe (3) The exterior appearance of the dwelling shall not be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors. materials. construction, lighting, signs (except as permitted (4)The home occupation in the R-20. RA-20, and R-15 Districts shall be confined entirely to the principal building, and no accessory building or outside storage shall be used in connection with  occupation;  dwelling unit shall be used int the conduct oft the home occupation: below) or the emission of sounds. noises. vibrations. or glare:  the home occupation.    (5)Notraffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood. and any need for parking generated by the conduct of such home occupation shall be met off the street and on the premises of the home occupation. Vehicular traffic and parking associated with the home occupation may increase vehicular traffic byno more than two vehicles at one time and no more than 12 vehicles per day; (6) No home occupation shall create noise. dust. vibration. odor. smoke. glare. electrical interference. fire hazard, or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under (7)No more than one commercial type vehicle may be used for the delivery of materials from the 8)Nocommercial type vehicle shall be used for the delivery of materials to the premises: (10) Instruction in music, dancing and similar subjects shall be limited to two students at at time: (11)Traffic generated by the home occupation shall be limited to the hours between 8:00 a.m.and (12) One professional or announcement sign may be used to identify the customary home occupation providing such sign shall not exceed two square feet in areaa and shall not be illuminated. (15) Examples of uses that frequently qualify as home occupations: accountant: architect: artist: attorney:author: bookkeeper: commission merchant; consultant; dance. music or art instruction on an individual basis: dressmaking, interior decorating, mail order business: telephone service: millinery: preserving and home cooking: realtor: individual tutoring. Uses qualifying as home occupations are not limited to those named in this division (2) nor does listing in this division (2) automatically qualify the use as an acceptable home occupation. All home occupations are subject (16) Uses that are prohibited. The following uses by nature of the investment or operation have a tendency to grow beyond the limits permitted for home occupations and thereby impair the use and value ofaresidentially: zoned area for residential purposes. Therefore the uses specified herein shall not be permitted as home occupations: animal hospitals: auto repair: any retail business: medical or dental offices and clinics: truck or trailer repairs: paint shops or painting of vehicles. trailers or HORSES. AJ large plant-eating domesticated mammal with solid hoofs and ai flowing mane and tail. used HORTICULTURAL NURSERY. A nursery that is actively engaged and dedicated to the commercial production or growing of fruits or vegetables or nursery or floral products under a sound management HOSPITAL. An institution. licensed by the state department of health. providing primary health services and medical or surgical care to persons. primarily inpatients. suffering from illness. disease. injury, deformity, and other abnormal physical or mental conditions. and including as an integral part of the institution. related facilities such as laboratories, outpatient facilities. or training facilities. HOTEL. A building in which lodging is provided and offered to the public for compensation. and which is open to transient guests and is not a rooming or boarding house as herein defined. A hotel should be  normal circumstances where in no home occupation exists:  premises:  (9)No display of products shall be visible from outside the dwelling:  8:00 p.m.;  (13) Beauty salons/barber shops shall be limited to one (1)operator. (14) Sale of products related to the service beingprovided are allowed.  tot the standards established in this Section.  boats: printing shops: mortuaries: private clubs: restaurants.  rEmsEtrsaA pullloads  program.  comprised of 6 or more rooms.    HOUSEHOLD APPLIANCE MANUFACTURING. An establishment dedicated to the manufacture of ICE MANUFACTURING. The manufacture ofi ice for distribution purposes only. This shall noti include IMPOUNDED WATER BODY. A body of water, such as a lake, confined by a dam, dike, floodgate or INDUSTRIAL DEVELOPMENT. Any non-residential development that requires an NPDES permit for an industrial discharge and/or requires the use or storage of any hazardous material for the purpose of INN. Any building or group of buildings in which there are six or fewer guest rooms. used for the purpose ofoffering public lodging on a day-to-day basis. not including al bed and breakfast home. JAIL. A facility established in conjunction with a law enforcement or public safety building. established for the temporary detention of adult or juvenile persons while being processed for arrest or detention by law enforcement. Such facilities do not include lodging or food service facilities to facilitate a stay longer than necessary for processing of the arrest. Holding facilities do not include detention. correctional. or JEWELRY STORE. Shops that sell new merchandise primarily and some used merchandise from estate sales or reconstitute precious metals they purchase intoj jewelry forms that are sold atr retail on the premises. JUNK/SALVAGE YARD. An area where waste and/or used secondhand materials are bought, sold, exchanged, stored, processed, or handled. Materials shall include but are not limited to: scrap iron and other metals, paper, rags, rubber tires, and bottles. An automobile. junkyard or graveyard. is also considered a KENNEL/COMMERCIAL. Any location where boarding, caring for or keeping of more than a total of three dogs or cats or other small animals or a combination there of (except litters of animals of not more than six months of age) is carried on, and also raising, breeding, caring for or boarding dogs, cats, or other KENNEL,NONCOMMERCIAL Any location wheret the boarding, caring forand keepingofmoretham three but not more than ten dogs or cats or other small animals or combination thereof (except litters of animals of not more than six months of age) is carried on, not for commercial purposes, but as al hobby such KINDERGARTEN. Providing day care with or without educational services for children not yet attending elementary school: includes nursery school and preschool. This may also operate in conjunction to al larger LAUNDROMAT. A facility dedicated to the sole purpose of the self-service of washing and drying LEATHER GOODS MANUFACTURING. The manufacture of certain leather goods. for the later  various appliances used in homes. on-site retail sales.  other barrier. Iti is used to collect and store water for a public water supply.  manufacturing, assembling, finishing, cleaning or developing any product.  release facilities.  This shall also include a. JEWELRY REPAIR STORE.  JUNK/SALVAGE YARD.  small animals for commercial purposes.  as the raising of show and hunting dogs.  school. clothes.  resale oft those products.    LIBRARY.A public. nonprofit facility in which literary, musical, artistic. or reference materials such as but not limited to books. manuscripts. computers. recordings. or films are kept for use by or loaning to LIFE CARE FACILITY. A health facility where persons are housed and furnished with meals and continuing health care for compensation. This term shall noti include congregate housing, but shall include LIVESTOCK. Grazing animals kept either in open fields or structures for training, boarding, home use. sales. or breeding and production, including but not limited to: cattle; riding and draft horses: hogs. excluding pigs weighing under 120 pounds and standing 20 inches or less at the shoulder which are kepta as LOAN OFFICES AND AGENCIES. An office at which loans are negotiated or at which the accounts of LOCKSMITH. A person or establishment that works in the trade of making. repairing, and unlocking LOT.A parcel ofland occupied or capable of being occupied by al building, group of buildings, or specific use devoted to a common use, together with the customary accessories and open spaces belonging to the LOT, CORNER.. A lot which occupies the interior angle at the intersection oft two street lines which make an angle of more than 45 degrees and less than 135 degrees with each other. The street line forming the least frontage shall be deemed the front of the lote except where the two street lines are equal, in which case the owner shall be required to specify which the front when requesting az zoning compliance permit is.  patrons of the facility. but are not normally offered fors sale.  the term NURSING HOME.  pets or small animals: sheep: and goats. loans are kept and the interest paid to the lender.  locks.  same.  STREET CORNERLOT  C  LOT COVERAGE. The percentage of a lot which may be covered by impervious surfaces. For the purposes ofthis definition compacted gravel and stone shall bei included as impervious surface. LOTI DEPTH. The mean horizontal distance between the front and rear lot lines.    LOTDEPTH Shret/RightofWy  Lot Deptk  RearF Property! Line  LOT OF RECORD. Al lot which meets all applicable development requirements oft thet town and has been properlyrecorded with the County Registero rofDeeds. Lots recorded prior to the adoption date ofthis chapter  shall be given grandfather status.  LOT WIDTH. The mean horizontal distance between the side property lines.  LOT WIDTH Sweet/RightafWay  Lot Width  Rear Property Line  MACHINE TOOL MAUFACTURING. The manufacture of tools used for power-driven machine used MANUFACTURED HOME. A structure transportable in one or more sections, which in the traveling mode is eight feet or more in width or 40 feet or more in length or when erected on site is 320 or more square feet; and whichi is built on aj permanent chassis and designed tol be used as a dwelling, with or without a permanent foundation when connected to the required utilities, including plumbing, heating, air conditioning and electrical systems contained therein. Such units shall also comply with the National Mobile Home Construction and Safety Standards adopted by the U.S. Department of Housing and Urban Development and meet the Appearance Criteria established by this Ordinance. This term shall also include the term MOBILE HOME. (See GS $160A-383.1, as subsequently amended.) In accordance with state  tol help with the repair of certain machines.    requirements (North Carolina State Mamyfactured Housing Code, 1995 Edition/1996 Revision), a MANUFACTURED HOME. INDIVIDUALLOT. A manufactured home that is placed on an individual lot without any other principal structures on the lot. This shall not include accessory buildings. MANUFACTURED HOME, TEMPORARY. A manufactured home that has temporary purposes only, this is permitted for the construction ofa home on the same principal lot. This temporary status is only MANUFACTURED ORMOBILEHOME: PARK. Any place or tract ofland maintained, offered or used for the parking oftwo or more manufactured homes for rental or lease and used or intended to be used for MANUFACTURING. The mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts. the creation of products. and the blending of MATURE VEGETATIVE CANOPY. The more or less continuous cover of branches and foliage which have reached their mature height formed collectively by the crowns ofa adjacent trees that have reached their MEDICAL CLINIC. A building, other than a hospital as herein defined. used by two or more licensed MEDICAL LABORATORY.A facility for scientific laboratory research in echnology-intensive fields. Examples include biotechnology, pharmaceuticals. genetics. plastics. polymers. resins. coatings. fibers. METAL AND METAL PRODUCT MANUFACTURING. The manufacture of metal products fort the METALI FABRICATION SHOP. An establishment with the sole purpose of creation of metal structures by cutting. bending and assembling processes. It is a value-added process involving the creation of  MANUFACTURED HOME shall not be permitted as an accessory structure.  permitted for one year or 365 days.  living or sleeping quarters.  materials including but not limited to oils, plastics, resins. etc.  mature height.  physicians for the purpose of receiving andt treating patients. fabrics. films. heat transfer, and radiation research facilities.  distribution ofr retail sales.  machines. parts. and structures from various raw materials.  MIEEINERYSHOPA shop dedicated tot the manufacture and resale ofhats.  MINIATURE GOLD COURSE.. A theme-oriented recreational facility. typically comprised ofnine or 18 putting greens. each with a "cup" or "hole." where patrons in groups of one to four pay a fee to move in MODIFICATION. The addition, removal, repositioning (other than down tilt adjustments), alteration or other material change int thei number or type ofantennas employed inaw wirelesst telecommunications facility; changes in the height, size, shape or appearance oft telecommunications towers; and increase in the number or size of equipment enclosures or other improvements at an existing or approved wireless MODULAR HOME. A dwelling unit constructed in accordance with the standards set forth ini the North Carolina State Residential Building Code, as amended, and composed of components substantially assembled in ai manufacturing plant and transported to the building site for final assembly on a permanent  consecutive order from the first holXe to the last.  telecommunication facility.    foundation. A MODULAR HOME shall consist oft two or more sections transported to the site on at truck MODULE. The distance, measured parallel from curb to curb, oft the interior of a parking facility. This MOTEL. A building in which lodging or board and lodging are provided for transient guests and offered MUSEUM.. A building having public significance by reason ofi its architecture or former use or occupancy orab building serving as a repository for a collection ofr natural. scientific orl literary curiosities or objects of interest, or works of art, and arranged. intended, and designed to be used by members of the public for viewing, with or without an admission charge. and which mayi include as an accessory use the sale ofgoods NEWSPAPER OFFICE. A office that has the purpose of the distribution or administration of a local NONCONFORMING. A lot, structure, sign, or use ofl land or structure which is currently prohibited under NONCONFORMING LOT. A lot of record that does not conform to the dimensional requirements of the district in which it is located. The nonconformity may result from adoption of this chapter or any NONCONFORMING STRUCTURE. A structure that does not conform to the dimensional, height, elevation, location, appearance standards, or other requirements of this chapter. The nonconformity may NONCONFORMING USE. A use which does not conform to the use regulations oft this chapter for the NURSING HOME. A home for aged or ill persons in which three or more persons not of the same immediate family are provided with food, shelter and care for compensation; but not including hospitals, OFFICE: BUSINESS. PROFESSIONAL, AMD PUBLIC. A room oras suite ofrooms or portion ofa building used for the practice of a profession or for the conduct ofa business that involves the accessory sale of goods from the premises. Ifthe goods or merchandise are sold for delivery on or from the premises. and constitutes a portion greater than 20 percent of the gross revenue from the office. then the premises OFFICE: SUPPLIES. EQUIPMENT.SALES.AND SERVICES. An establishment that is dedicated to OPEN SPACE. Property within a development or contained on an individual parcel, which is designated by aj permanent reservation to remain undeveloped, fort the purpose ofproviding areas for recreation and/or  and erected orj joined together on the site.  measurement shall include the parking aisle and the parking stalls.  tot the motoring public for compensation.  to the public as gifts or for their own use.  newspaper.  the terms ofthis Ordinance.  subsequent amendment.  result from adoption of this chapter or any subsequent amendment. district in which iti is located, at the effective date oft this chapter.  clinics, or similar institutions devoted primarily to diagnosis and treatment.  shall be considered to be a store rather than an office. the sale of various office related supplies.  conservation.  OPEN STORAGE. Unroofed storage area, whether fenced or not.    OPTICIAN.A person qualified to make and supply eyeglasses and contact lenses for correction ofvision. PAINT MANUFACTURING. The manufacture of paint products. these paints could be used on cars, PAINT STORE. A store that is dedicated to the retail sale of paint for various different uses. PAPERI PROCESSINGMANUFACTURING. Thei manufacture of paper and paperboard. from both raw and recycled materials, and their conversion into products including paper bags. boxes. envelopes. PARKS. A noncommercial. not-forprofit facility designed to serve the recreation needs oft the residents of the community. Such facilities include subdivision recreation facilities (neighborhood parks). community parks. regional parks. and special use facilities, all as described in the recreation and open space element of the [comprehensive plan). Such facilities may also include but shall not be limited to school and religious institution ballfields. football fields. and soccer fields. if they meet the above definition. Commercial amusement facilities. such as water slides. go-cart tracks. and miniature golfcourses shall not be considered PARKING AISLE. The area, parallel to curb stops, which automobile traverse in order to utilize parking PARKING LOT. Any designated area designed for temporary accommodation of motor vehicles of the  planes. residential, etc.  wallpaper. etc.  parks. stalls.  motoring public in normal operating condition, whether for a fee or asas service.  CRETE  PARKING SPACE/STALL. A storage space for a motor vehicle or motorcycle.  PERSON. Any individual, partnership, limited partnership, company, corporation, trust, estate, agency, PET STORE. A retail sales establishment primarilyi involved in the sale of domestic animals. such as dogs. cats. fish. birds. and reptiles. excluding exotic animals and farm animals such as horses. goats. sheep. and PILLOW MANUFACTURING. A manufacturing establishment dedicated to the process of making pillows from raw materials. Pillows are for the support oft the body at res for comfort. therapy or decoration.  association or other legal entity and their successors and assigns.  poultry.    PHASED DEVELOPMENT PLAN. A plan which has been submitted to the county for phased development which shows the type and intensity of use for as specific parcel or parcels with a lesser degree ofc certainty than the plan determined by the Town to be a site specific development plan. PLANNED UNIT DEVELOPMENT (PUD). A form of development characterized by a unified site design for a number of structures, clustering of buildings and providing common open space, density increases, and a mix of building types. It permits the planning of a project and a calculation of densities over the entire development rather than on an individual lot-by-lot basis. Such development shall be based on aj plan which allows for flexibility of design not available under normal district requirements. PLASTIC AND RUBBER PRODUCT MANUFACTURING. The manufacture of rubber products including: rubber footwear: mechanical rubber goods: heels and soles: flooring: and rubber sundries from natural, synthetic. or reclaimed rubber. Also includes: establishments engaged in moldingprimary plastics for the trade, and manufacturing miscellaneous finished plastics products: fiberglass manufacturing: and PORCELAINI MANUFACTURING. Thei manufacture of al hard, fine-grained. sonorous-monporousand usuallyt translucent and white ceramic ware that consists essentially ofkaolin. quartz. anda a feldspathic rock POTTERY MANUFACTURING. The manufacture of pots. dishes. and other articles made of earthenware or baked clay. Pottery can be broadly divided into earthenware. porcelain, and stoneware. PRINCIPAL BUILDING. A building in which is conducted the principal use of the lot on which said PRINCIPALSTRUCTURE. A structure in which is conducted the principal use oft the lot on which said  fiberglass application services.  and is fired at al high temperature.  building is situated. building is situated.  PRINCIPAL USE. The primary use ofal lot or structure.  PRIVATE BUSINESS USER. Persons who operate radio facilities (including microwave) requiring an FCC license solely fori intra-company communications and who do not employ those facilities to offer fixed PRODUCE STAND. A building or structure used for the retail sales of fresh fruits. vegetables. flowers, herbs, or plants. Mayalsoinvolvet the accessory: sales ofother unprocessed: foodstuffs. home processed food products such as jams. jellies. pickles. sauces. or baked goods. and home-made handicrafts. The floor area devoted to the sales of these accessory items shall not exceed 50 percent of the total sales area. No commercially packaged handicrafts or commercially processed or packaged foodstuffs shall be soldata PROTECTED MOUNTAIN RIDGE. A ridge at or above 3,000 feet with an elevation of 500 feet or PUBLIC SERVICE FACILITY. The use of land, buildings, or structures by a municipal or county agency to provide protective, administrative, maintenance and social services for the general public, including water treatment plants, sewage treatment plants, resources recovery facilities, parks and  ormobiewirelesscommumceoRsevervigeytpthirepancstorcompensation.  roadside stand. This shall also include al FARM STAND. more above the elevation of an adjacent valley floor.    recreation facilities, police and fire stations, municipal buildings, community centers and other similar PUBLICLY OWNED INSTITUTIONS. An public entity that owns land or buildings operated by a RECREATIONAL CENTER. A building to be used as a place of meeting, recreation. or social activity and not operated for profit and in which neither alcoholic beverages or meals are normally dispensed or RECREATIONALFACILITIES. PRIVATE. Recreational center for the exclusive use ofr members and their guests with alissiRissias pools and/or tennis courts. but specificallye excluding golf courses. This definition shall also include COMMERCIAL RECREATIONAL FACILITIES. RECREATIONAL FACILITES, PUBLIC. A recreation facility that is open to the general public for various recreational activities. without having to have a specific membership to use this facilities. RECREATIONAL VEHICLE PARK. Any lot of land upon which one or more recreational vehicles sites are located, established, or maintained for occupancy by recreational vehicles for the general public as temporary living quarters for recreation or vacation purposes. In no instance shall a recreational vehicle RELIGIOUS INSTITUTION. A building. together with its accessory buildings and use. where persons regularly assemble for religious purposes and related social events and which building. together with its accessory buildings and uses. is maintained and controlled byareligiousl bodyorganizedi tos sustain religious REPAIR SERVICES. Establishments primarily engaged in the provision of repair services to individuals and households. rather than businesses. but excluding automotive and equipment repair use types. Typical uses include appliance repair shops. shoe repair. watch or jewelry repair shops. or repair of musical REPLACEMENTTOWER. A1 telecommunications toweri intended to replace an existing approved tower  public structures and facilities. governmental or other public agency.  consumed. This shall also be known as a COMMUNITY CENTER.  be used as a permanent residence.  ceremonies and purposes. This shall also include CHURCH.  instruments.  where the replacement tower is:  tAtorvthimsritetoftnecssingtowerbasegand (2) No higher than the existing tower.  REST HOME. A home licensed by North Carolina for the aged or chronically or incurably ill persons in which five or more such persons not oft the immediate family are provided with food and shelter or care for compensation. but not including hospitals. clinics. or similarinstitutions devoted primarily to the diagnosis and treatment of the sick ori injured. This shall also be known as al NURSING HOME. RESTURAUNT, WITH DRIVE THRU. Restaurants where most customers order and are served their food at a counter ori in al motor vehicle inj packages prepared to leave the premises. or able to be taken toa RESTURANT, WITHOUT DRIVE THRU. A structure in which the principal use is the preparation and sale off food and beverages. Only for the purposes ofserving patrons from solely the inside oft the restaurant.  table or counter to be consumed.    RETAIL ESTABLISHMENT. A retail establishment engaged in selling goods or merchandise to the general public as well as to other retailers. contractors. or businesses. and rendering services incidental to the sale ofs such goods. Bulk retail involves al high volume ofs sales of related and/or unrelated products in a warehouse setting and may include membership warehouse clubs (i.e.. "big box" retail).Bulk retail is differentiated from general retail by any of the following characteristics: items for sale include large, categorized products (e.g.. lumber, appliances. household furnishings. electrical and heating fixtures and supplies. wholesale and retail nursery stock. etc.) and may also include a variety of carry-out goods (e.g. RIDING STABLE. Commercial horse, donkey, and mule facilities including: horse ranches, boarding stables, and riding schools. This land use includes barns, stables, corrals, and paddocks accessory and RIDGE. The elongated crest or series of crests at the apex or uppermost point ofintersection between two opposite slopes or sides of a mountain, and includes all land within 100 feet below the elevation of any ROOMING HOUSE. A residential building with three or more sleeping rooms forl lodgers. and wherein noo dining facilities are maintained for the lodger, as distinguished from a boarding house. SCHOOL, ART. A school where classes in the various arts (e.g. dance. painting. sculpting. singing)are taught to four or more persons at a time. This shall also include DANCE ORI MUSIC SCHOOL. SCHOOL, BARBER AND BEAUTY., A school dedicated to the teaching of barbers and beauticians. to SCHOOL, COLIEGEUNVIRSID. A post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor SCHOOL, ELEMENTARY AND HIGHSCHOOL. A public. private. or parochial school offering instruction at the ciememta.junior.andor. senior high school levels in the branches of learning and study SCHOOL,NURSERY-Anydaydaycarecenterwhichrecelveschfidrerberweentneagesoftwoandsixyears and which is established and professionally operated primarily for educational purposes to meet the SERVICE OR STORAGE TANKS. Any one of a combination of tanks. including underground pipes connected thereto. which is used to contain an accumulation of regulated substances and the volume of which (including the volume of underground pipes connected thereto) is 10 percent or more beneath the surface ofthe ground. Flow-through process tanks are excluded from the definition of underground storage SERVICE STATIONS, AUTOMOBILE. The portion of property where flammable or combustible liquids or gases used as fuel are stored and dispersed from fixed equipment into the fuel tanks of motor vehicles. Accessoryactivities may include automotive repair and maintenance. car wash service, and food  groceries. household, and personal care products).  incidental to the above uses.  portion ofs such line or surface along the crest.  then further their education ini this field.  degrees or certificates of completion in business or technical fields. required tol be taught in the public schools oft the North Carolina.  developmental needs oft the children served.  tanks.  sales.    SETBACK. The minimum distance that a structure can be constructed or erected in relation to property and/orr right-of-way lines, excluding any uncovered porches, patios, steps, gutters and similar fixtures. Front yard SETBACKS shall be measured from the outermost edge oft the dedicated right-of-way. In the event thel lot in question does not directly abut upon a dedicated right-of-way, the front yard SETBACK shall be measured from the property line or outermost edge of any access easement. In the case ofa comer lot the applicant oft the Zoning Compliance Permit shall state which: frontage is intended tos serve as thei front yard.  LOTL LE REAR INE  FHONT X E FONT LT pTH STREET  SEWER, PUBLIC 7TRADITIONAL MUNICIPAL. System approved by the County Department of Environmental Health and Town Engineer that provides for multiple unit treatment. Such systems as municipal sewer, community drain fields, spray irrigation, dripi irrigation, pressurized underground: systems and similar systems recognized by the County Department of Environmental Health. The following are exclusively prohibited: package treatment plant or individual lot septic drain field systems. SEWER SYSTEM, INDIVIDUAL. An individual septic tank system of sewage disposal. Individual sewage disposal systems must be installed and maintained in accordance with the Division of Health Services, North Carolina Department ofHuman Services Rules and Regulations Governing the Disposal of Sewage from any Residence, Place of Business or Place of Public Assembly in North Carolina and the SIGNS. Any form ofp publicity, visible from any public highway directing attention to an individual activity, business, service, commodity or product. The publicity can be conveyed by means of words, figures, numerals, lettering, emblems, devices, designs, trademarks, or trade names or other pictorial matter designed to convey such information. The information can be displayed by means of bills, panels, posters, paints, or other devices erected on an open framework, or attached or otherwise applied to posts, stakes, SIGN. AREA. Sign area shall be measured by thes smallest square, rectangle, triangle, circle or combination thereof, which will encompass the entire advertising copy area, excluding architectural trim and structural members. In computing area, only one side ofa double-faced sign shall be considered.  regulations of the County Board of] Health.  poles, buildings, or other structures or supports.    siC ARIA KEABVRDENE  SIGN  SIGN  Siga Greuad Aran sixe WA)KIBY  sige l Ares 58A (A)*) SIG NA pr.Np 0I0NiF  folsz0s  Sige Aces LAIx(B) lancs. S SIGN  (A)x(0; stgn Aras, + (C)RD.. ()EIF). Siga Araa m  StorFrast fadgvidua! latrars acrached co vail s7NI  Slga Area (ASre)  S119 Ares. (A)KIB)  SIGN, FREESTANDING. A sign that is attached to, erected on, or supported by some structure (such as apole, mast, frame, or other structure) that is not itself ani integral part of or attached to al building or other structure whose principal function is something other than the support ofa sign. A sign that stands without supporting elements, such as "sandwich sign," is also a FREESTANDING SIGN. If the message is removed from a structure that was originally designed and used as a FREESTANDING SIGN, this  structure shall still be considered a sign.  sIaN  SIGH  SIGN, INTERNALLY ILLUMINATED. Signs where the source of the illumination is inside the sign and light emanates through the message of the sign, rather than being reflected off the surface of the sign from an external source. Without limiting the generality of the foregoing, signs that consist of or contain tubes that are filled with neon or some other gas that glows when an electric current passes through it and are intended to form or constitute all or part of the message of the sign, rather than merely providing illumination to other parts of the sign that contain the message, shall also be considered INTERNALLY  ILLUMINATED SIGNS.    SIGN, OFF-SITE. A sign that draws attention. to or communicates information about a business, service, commodity, accommodation, attraction, or other enterprise or activity that exists or is conducted, sold, offered, maintained or provided at al location other than the site where the sign is located. SIGN, ON-SITE. A sign that draws attention to or communicates Information about a business, service, commodity, accommodation, attraction, or other enterprise or activity that exists or is conducted, sold, offered, maintained or provided at al location other than the site where such sign is located. SIGN, PORTABLE. Any sign not permanently affixed to the ground or to a structure, including any sign attached to or displayed on a vehicle that is used for the expressed purpose of advertising a business establishment, product, service, or entertainment, when that vehicle is sO parked as to attract attention of SIGN, ROOF. A sign which is higher than the roof to which it is attached. Signs attached to the lower slope ofai roof or attached to a parapet wall above ai flat roof are considered wall signs. Signs on mansard SIGN, TEMPORARY. A sign that is used in connection with a circumstance, situation, or event that is designed, intended, or expected to take place or tol be completed within a reasonably short or definite period after the erection of such sign, or is intended to remain on the location where it is erected or placed for a period ofnot more than 15 days. Ifa sign display area is permanent but the message displayed is subject to  the motoring or pedestrian traffic.  or canopy roofs are considered wall signs.  periodic changes, that sign shall not be regarded as temporary.  SIGN, WALL. See Sign, Roof.  SINGLE FAMILY RESIDENTIAL DEVELOPMENT. Any development where:  (1) No building contains more than one dwelling unit; (2) Every dwelling unit is on an individual lot; and (3) Where no lot contains more than one dwelling unit.  SITE SPECIFIC DEVELOPMENT PLAN. A plan which has been submitted to the Town describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property. (I) Thej plan may be in the form ofl but notl limited to any ofthe following plans or approvals:  (a) A planned unit development plan; (b) A subdivision plat; (c) A conditional use permit; or (d) A zoning compliance permit.  (2) Unless otherwise expressly provided by the Town such plan shall include the approximate boundaries oft the site; significant topographical features; the approximate location ofa any proposed structures; the approximate dimensions, including height, of any proposed structures; the approximate location of existing and proposed infrastructure on the site, including but not limited to water, sewer, roads and  pedestrian walkways.    (3) A variance shall not constitute a SITE SPECIFICDEVELOPMENT PLAN, and approval ofa SITE SPECIFIC DEVELOPMENT PLAN with the condition that a variance be obtained shall not confer av vested right unless and until the necessary variance is obtained. Neither a sketch plan nor any other document which fails to describe with reasonable certainty the type and intensity of use for a specified parcel or parcels or property shall constitute a SITE SPECIFIC: DEVELOPMENT PLAN. SKATING RINK. An establishment that provides facilities for participant skating.  SOAP MANUFATURING. The manufacture of soap. which is a product that is primarily meant for SPECIAL USE PERMIT. A permit issued by the Town Council after said Council has held a public hearing. SPECIAL USE PERMITS may be issued within any of the use districts outlined in this Ordinance. Such a Special Use shall only be allowed within districts to which the SPECIAL USE PERMIT is to correspond. By way of example and not limitation, within an RA-20 District an NB-SU permit may be issued for a site-specific development proposal for any use permitted by right with an ordinary NB District. The development proposal authorized by a SPECIAL USE PERMIT shall comply with all provisions of the corresponding district. Additional conditions may not be added onto any POAINCOIRSIONL-AaN thati iss solely dedicated to the primaryretail sale ofvarious sporting STORY. That portion ofal building comprised between ai floor and the floor next above. The first floor of a two or multi-story building shall be deemed the STORY that has no floor immediately below it that is designed for living quarters or for human occupancy. Those STORIES above the first floor shall be STONE CRUSHING, CUTTING, AND POLISHING. An establishment that is dedicated to the sole purpose off forming rock for various purposes. This shall not include ROCK QUARIES. STORAGE. MATERIALSAND EQUIPMENT OUTDOORS. This definition is for uses that allow the STORAGE UNITS. Small units that are dedicated to the storage of personal goods of persons that lease  cleaning purposes.  SPECIAL USE PERMIT.  equipment.  numbered consecutively.  storage ofr materials outside. orb buy the unit. for that storage purpose.  3RD STORY a aA  E  D a. a L D D  2NO STORY IST STORY  STREET. A dedicated right-of-way for vehicular traffic which affords the principal means of access abutting properties. (Also see Town Subdivision Regulations set forth in Chapter 152 which are  incorporated here by reference.)    STRUCTURE. Anything constructed or erected, the use ofwhichi requires more or less permanent location on or in the ground or which is attached to something having more or less permanent location on ori in the STRUCTURAL ALTERATIONS. Any change on the supporting members of a building, such as load bearing walls or partitions, columns, beams, or girders, or any structural change int the roof, or dimensions SUBDIVISION. See Town Subdivision Regulations set forth in Chapter 152 which are incorporated here SURFACING MATERIAL. A material whose natural characteristics provide al hard, nonflexible, rigid, and relatively: flat groundcover. Examples include but are: not limited to concrete and asphalt. Gravel shall TAILOR. An establishment that is dedicated to the process of fitting the general public for various types TELECOMMUNICATIONS TOWER. Any tower, pole or similar structure 20 feet or more in height, TEXTILE MANUFACTURING. As shop dedicated to the conversion off fiber intoyarn. and then the yarn into fabric. From here the fabric may be dyed or printed. This shall also be known as a TEXTILE TOBACCO STORE. A tobacco retailer whose business exclusively or primarily involves the sale of TOURIST HOUSE. An establishment used for dwelling purposes in which rooms. with or without meals, are offered to transient guests for compensation, including establishments known as bed-and-breaktasts. TOWER BASE. The foundation, usually concrete, on which the telecommunications tower is situated. For measurement calculations, the TOWER BASE: is the actual or geometric center oft the tower. TOWER HEIGHT. The vertical distance measured from the tower base to the highest point on a elecommenisationstowrimehningwyamemarorothergupmseafhseerexereto,butexchudingany TOWER: SITE. The land area which contains, or will contain, aj proposed telecommunications tower, and TOY STORE. A store dedicated to the sole purpose of selling toys to the general public. This toysare TREATMENT INSTITUTIONS. An institution dedicated to the treatment of. but not limited to. mental illness. alcoholism, narcotics. This shall also include the term REHABILITATION CENTER. TREE, LARGE. A tree which has an expected height at maturity of at least 35 feet. These types of trees shall at the time of planting have a diameter of at least two inches. The diameter shall be: measured four and  ground.  or the rooms therein. by reference.  not be considered a SURFACING MATERIAL. ofclothing. This shall also include DRESSMAKING. used tos support one or more antennas.  FABRICATION SHOP.  tobacco products and related goods.  lightningl protection rods extending above the tower and attached equipment.  related equipment enclosures and other equipment. specific to young children for their enjoyment for playing.  one-half feet above grade.    TREE, PROTECTED. Any tree located on a development site having a circumference of 30 inches or TREE, SMALL. A tree which has an expected height at maturity of at least 15 feet. These types oft trees shall at the time of planting have a diameter of at least one inch. The diameter shall be measured four and TRUCKINGTERMINAL. A establishment (land or building) used as a relay station for the transfer ofa VARIANCE. A modification of the literal provisions of the zoning ordinance granted when strict enforcement of the Zoning Ordinance would cause undue hardship owing to circumstances unique to the VARIETY STORE. A retail store that sells a wide variety of relatively small and inexpensive items. VESTED RIGHT. The right to undertake and complete the development and use of property under the terms and conditions of an approved site specific development plan or an approved phased development VETERINARY CLINIC. A facility whose practitioners are licensed by the state to treat diseased or  more: measured four and one-half feet above natural grade.  one-halfi feet above grade.  products from one party to another truck-to-truck).  individual property on which the variance is granted.  plan.  injured animals.  VISIBLE. Capable of being seen by the unaided eye in daylight.  VITEOUS CHINA MANUFACTURING. The manufacture of Fine China. however. having a glass like WASHING COMPOUND MANUFACTURING. The manufacture of different compound meant for WATER SYSTEM, FUBLIC/TRADIIONAL MUNICIPAL. Water supply systems serving multiple connections are classified as aj public water supply by State law. Plans and specifications must be approved by the Town Engineer and the Sanitary Engineering Section, Division of Health Services, North Carolina WATER SYSTEM, SEMI-PUBLIC. Water supply systems serving from two to nine connections, inclusive. This system may be regulated by the County Board of Health, and plans should be approved by WATER SYSTEM, INDIVIDUAL. A drilled or bored well or spring which serves a single connection. Individual water supply systems should be located, constructed and operated in accordance with the WATERSHED, CRITICAL. Refer to the Town Watershed Protection Ordinance, set forth in Chapter WATERSHED, PROTECTED. Refer to the Town Watershed Protection Ordinance, set forth in Chapter  consistency.  cleaning purposes ofr multiple varieties.  Department ofHuman Resources.  the Town Engineer and the County Health Department.  Division ofHealth Services, North Carolina Department of Human Resources.  155. 155.    WAREHOUSE ESTABLISHMENT. Facilities characterized by extensive warehousing. frequent heavy trucking activity, open storage of material, or nuisances such as dust, noise, and odors. but not involved in WHOLESALE ESTABLISHMENT. An establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers: toi industrial, commercial, institutional, orp professional business users. or to other wholesalers: or acting as agents or brokers and buying merchandise for. or selling merchandise to. such individuals or companies. This is not considered a general commercial use. WIRELESS TELECOMMUNICATION FACILITY. Equipment at a single location used by aj private business user, governmental user or commercial wireless service provider to transmit, receive or relay electromagnetic signals (including microwave). Such facility includes antennas or antenna arrays, telecommunications towers, support structures, transmitters receivers, base stations, combiners, amplifiers, repeaters, filter or other equipment; together with all associated cabling, wiring, equipment enclosures and WOOD FABRICATION SHOP. A shop with the dedicated purpose of the different varieties to machine YARD. The open space on the same lot with ap principal building, or structure unoccupied and unobstructed YARD, FRONT. The open, unoccupied space on the same lot with a principal building or structure, between the front line of the principal building or structure (exclusive ofuncovered porches, patios, steps, gutters and similar fixtures) and the front property line or street right-of-way line and extending across the YARD, REAR. Thec open, unoccupied space on thes same lot with aj principal building or structure, between the rear line ofthe principal building or structure (exclusive ofuncovered porches, patios, steps, gutters and YARD, SIDE. The open, unoccupied space on the same lot with aj principal building, situated between the side line of the building and the adjacent side line of the lot and extending from the rear line oft the front  manufacturing or production.  other improvements. wood materials. from the ground upward.  full width ofthe lot.  similar fixtures) and the rear property line and which extends the full width oft the lot.  yard to the front line of the rear yard.  AEAR VARD  BUILDING LINE. BULDING UNE FRONT VARD  SOE ARD  ZONING ADMINISIRATOR. Town official charged with the responsibility ofe enforcing this chapter. ZONING PERMIT. Permit issued by the Zoning Administrator indicating that a proposed use is in  compliance with requirements oft this chapter.    (Ord.. Art. VI, $60B, passed 2-19-2008; Ord. passed 8-16-2011)    $153.051 Use Abattoirs Accessory Dwelling Accessory Structure, commercial Accessory Structure, residential Adult establishments Airport.Commercial Airport, Private Animal feed manufacturing Antenna Antenna, Concealed Antiques store Armory Art gallery Art goods store Assembly hall Auditorium Automobiley parkinglotand structure Automobile parts/retail sablishmensemsuppies Automobile repair services establishment garage,without opensiergeefwreked vehicles Automobile sales Automobile washing establishments  TABLE OF PERMITTED AND SUPPLEMENTAL REQUIREMENIS  R-20 RA-20 R-15 0-I  N-B H-B G-M  SR $153.070 $153.071 $153.072 $153.073  S S  P  S  S  S  P  P  P  P  S  S  P P P P P P P  P P P P P P P P P  P P P  P P P P  P  P P  P P  P P  P    Use Bakery Banks, with drive thru Banks, without drive thru Barber shops and beauty salon Bedding manufacturing Boarding House Boat sales and rental Bookstore Bowling alleys Building supply and equipment sales Bus shelter Bus Station Business, professional, government, religious, charitable or fraternal offices or agencies Camera-supply-siere Campground Candy store Carpet manufacturing Cemeteries Churches-ande Otherplacesef worship Clinic  R-20 RA-20 R-15 O-I  N-B H-B G-M  SR  P P P P  P P P P P P P P P P P  S P  P P P  sheps  S  P P  P P P S P P P P  S  S  S  P P  P P P  P  P  P  S P  S P  S P  P  P P  P P  Clothing manufacturing Clothing store  P P    Use Celiseum Concrete or paving materials mixing plant Contractors office. shop Convalescent center home Convenience store Correctional intuitions Country Club DairyBar Day Care Dental Clinic Dental Laboratory Detergent manufacturing Department store Drug stores,witherwitheut fountains Dry Cleaners Dry goods store Dwelling, Duplex Dwelling, Multi-Family Dwelling, Single Family Dwelling, Two Family Eleetrie-repairshep Electrical and electronic products sales Electrical and electronic product manufacturing Fabric store  R-20 RA-20 R-15 O-I  N-B  H-B G-M P  SR  P P P P P  P P  P P  P P P  S  S  SI  P P P P P P P P  P P P P P P P P  P P P P P P P P  P P  P P P  P Sl P P  P  P P  P P  P P P P  P  P    Use Family Care Home Feed ands seed store Fire Station Flea Market Flooring covering store Florists  R-20 RA-20 R-15 O-I  N-B  H-B G-M P  SR  P S  P  P  P  P P  P P  P P P  Food processing establishment andf eéproactmamsiastns Foster care Fowl Funeral Home Furniture manufacturing Furniture store Gasoline, oil, or fuel storage above ground Gift shop Glass manufacturing Greenhouse Grocery, food, produce, fruit, andmeats stores Gun store Gunsmith Gymnasium Hardware store Hatcheries Hobby and crafts store Home Occupation, Customary  P P  P P  P P  P P  P  P P P  P $153.081 P P P P P P P P P P P P P P  P  P  P P P P P P P P  S  S  P P P P P  P  P  P  P    Use Home Occupation, other than customary Horses Horticultural nursery Hosiey-manufacturing Hospital Hotel Household appliance manufacturing Household appliance store keecram-manuhelwring for enlyon-siereiailsale: Ice manuracturing Inn Jail  R-20 RA-20 R-15 0-I  N-B H-B G-M  SR  S P S  S  P  $153.074  S  P  P P P P P P P P P P P  P  P P  P P  P P S P P  Jewelry store repair-shep Junk/savage yard Kennel.commercial Kennel, noncommercial Kindergarten Lakes,Parksandsimie: ResePeaROReeN profit basis Laundromats and similar automatic laundries, pick up station or not Laundsypekupstations Leather goods manufacturing, not including processing or storage ofraw hides  P P P  P P  $153.076  €  €  C+  P  P P    Use Library Life care center Livestock Loan offices and agencies Locksmith Machine tool manufacturing Magazine-stere Manufactured home.en individual lot Manufactured Home Park Manufactured home, temporary Manufacturing uses not otherwise named Medical clinic Medical laboratory Metal and metal products manufacturing Metal Fabrication shop (10or fewer employees) Millinery shop Miniature Golfcourses Motel Museum Musie-store Newspaper office Office: business, professional and public  R-20 RA-20 R-15 0-I  N-B P P P P P P  H-B G-M P P P P P P  SR  P P P P  P P P $153.082 P P P P  P  P  P  P  P P S  $153.075  S  $153.080  S P P P P P P P P P P  P  P P  P P  P P S P P P P P  P P P  P P P P    Use Office: supplies and equipment, sales and services Open Storage Optician Paint manufacturing Paint store Paper processing or manufacturing PAPePONRNE Parks. and similar faculties operated on a non-profit basis Pets store Phetegraphie-studie Pillow manufacturing Plastic and rubber products manufacturing Pambmgaep-wiouepen storage Porcelain manufacturing Pottery manufacturing Prepared foods and miscellaneous food product manufacturing Printing-Publishing and Preésegsta)ishmeNs Produce stands for sale of products grown on site Public Service facility Publicly owned institutions RadieamdTVrpirahep  R-20 RA-20 R-15 0-I  N-B P  H-B G-M P  SR  P  P P P P P P P P P P P P P P P P P P  P P  P P  P  P  P  P  P P P  P P P  P  P P P P  S P  S P  P P P  P P  P $153.077  P    Use Railread station Recreational and community centers Recreational facilities, public commercial Recreational facilities. private Recreation vehicle park Religious institutions Repair uses not otherwise named Rest home Restaurant, with drive thru Restaurant, without drive thru Retail establishments not otherwise named Riding stables Rooming House Rapberpreeesingand manutacturng RAPdNNNeE School, Art School, Barber and beauty Schoel, Business School, College/university School, Elementary and high Schoel, Music-ore dance School, Nursery  R-20 RA-20 R-15 0-I  N-B P  H-B G-M P  SR  P  S  P P P P  P P P S  P P P S P S P S S  S S  S S  S S  P P P P P  P S  P  P  S  P P P P P P P $153.076  P P P P  P P P P P P  P P P P P P  S S  S S  S S  school    Use  R-20 RA-20 R-15 0-I  N-B H-B G-M  SR  Service or storage tanks Service stations.automobile Shee-repair ands shine-shep Sign paintingandf fabricating shep Skating rinks Soap manufacturing Sporting goods store Statienary-stere Stone crushing, cutting and polishing Storage of materials and equipment outdoors Storage units Tailor and dressmaking shop Telecommunication towers and antennas felsphemeamdielegsphe effice Textile Fabrication shop (10 or fewer employees) Textile manufacturing Tobacco store Tourist House Toy store Treatment intuitions rehabilitation center) for mental illness, alcoholism, or narcotics Trucking terminal  S  P P $153.078 P P  P P  P P P S P P  P P P P P S P SI $153.079 P P P P P  P P  S  S P  P P S P P  P  P P P  S  P P  P  P    Use Variety store Vitreous china manufacturing Washing compound manufacturing Wholesale and warehousing establishments (except for uncured hides, explosives, oil products, gas storage, andt the Wholesale establishments not otherwise named Wholesale storage of gasoline and oil products, including bottled gas and oxygen Wood Fabrication shop (10 or fewer employees)  R-20 RA-20 R-15 0-I  N-B H-B G-M  SR  P  P  P P P P  P  like)  S S P  P P  P  S-Special Use Permit P-Permitted Use  Must be reviewed by the Planning Board prior to a quasi-judicial public hearing by the Board of  Adjustment    AGENDA ITEM 9B  MEMO DATE: SUBJECT:  September 21, 2021 Planning Matters: Re-Appoint Planning Board/BOA Members  Discussion: 2021:  The term of appointment for the following Planning Board/BOA Members expires on October 1,  Adam Wilson Jack Keller Walter Moore  Town Planner Dustin Millsaps has contacted the members and both are willing to serve another  term.  Recommendation: term oft three (3): years.  Staff recommends Council re-appoint the three (3) members to the Planning Board/BOA fora    AGENDA ITEM 11A  MEMO DATE: SUBJECT:  September 21,2021 Updates: Code Enforcement Monthly Report  Discussion:  The attached report shows the progress that Planner Dustin Millsaps continues to make  throughout the town. Recommendation: No Council action required.