Section 2.1 Offical Zoning Map 

A. Each lot and tract located within the territorial jurisdiction of this Ordinance shall be located in one or more zoning districts contained in this Ordinance. The map identifying the location of such zoning district boundaries shall be identified as the “Official Zoning Map.” If the Town Council enacts subsequent zoning map changes, such changes shall be made upon the Official Zoning Map. No changes to any zoning district boundaries shall be made on the Official Zoning Map except in conformance with the procedures set forth in this Ordinance.

B. The Official Zoning Map may be comprised of one (1) or more sheets or digital maps, properly identified as such, which shall be on file with the office of the UDO Administrator. Land within zoning districts on the Official Zoning Map shall be classified with a zoning district designation, which shall supersede any contrary designation on a former Official Zoning Map. Regardless of the existence of any alleged copy of the Official Zoning Map, the Official Zoning Map in the UDO Administrator office shall be the final authority as to the current zoning status of a piece of property. A copy of the Official Zoning Map shall be located in the office of the UDO Administrator.

Section 2.2 Interpretation of Zoning Map 

Where uncertainty exists with respect to the boundaries of the zoning districts shown on the Zoning Map, the following rules shall be used to interpret the maps:

A. Where a map shows a boundary line located within a street or alley right-of-way, railroad or utility line right-of-way, easement, or navigable or non- navigable waterway, it shall be considered to be in the center of the right-of-way, easement, or waterway. If the actual location of such right-of-way, easement, or waterway varies slightly from the location as shown on a map, then the actual location shall control.

B. Where a map shows a boundary line as being located a specific distance from a street line or other physical feature, that distance shall control.

C. Where a map shows a district boundary to approximately coincide with a property line or city, town, or county border, the property line or city, town, or county border shall be considered to be the district boundary, unless otherwise indicated.

D. Where a map shows a district boundary not coinciding or approximately coinciding with any street, alley, railroad, waterway, or property line, and no dimensions are shown, the location of the boundary shall be determined by use of the scale appearing on the map.

E. In instances when a zoning case file contains detailed information regarding the boundary, that information will be used as the correct boundary location.

F. If it is alleged by any party that an error exists on the zoning maps with respect to any zoning district designation, zoning district boundary, special use permit or conditional district boundary, the lines showing the effective dates of zoning enactment or any other matter with respect to the provisions of this ordinance relating to zoning information, the party may request a review of the alleged error by the Board of Adjustment, per Section 4.5.1A4.

G. Whenever a single lot is located within two or more different zoning districts, each portion of that lot shall be subject to the regulations applicable to the district in which it is located.

Section 2.3 Fractional Requirements 

Whenever any requirement of this Ordinance results in a fraction of a unit, a fraction of will be rounded up to the next whole unit. Whenever a density calculation for a lot of records existing prior to April 9, 1991, results in less than one dwelling unit being permitted, the fractional requirement will be disregarded and one dwelling unit will be permitted.

Section 2.4 Text Controls Over Graphics

This Ordinance contains numerous graphics, pictures, illustrations, and drawings. However, in case of conflict between the text and a graphic, picture, illustration or drawing or any other depiction, the Land Use Administrator shall determine the intent of the section.

Section 2.5 Conflicting Provisions 

A. Where the provisions of this Ordinance are inconsistent with those of the state or federal government, the more restrictive provisions shall apply, however, those provisions will be enforced by the designated regulatory agencies.

B. Where the provisions of this Ordinance are inconsistent with one another or are in conflict with provisions found in other adopted ordinances or regulations adopted by the Town of McAdenville, the more restrictive provisions shall govern. The more restrictive provision is the one that imposes greater restrictions or more stringent controls and enforced by those county agencies.

C. This ordinance is not intended to interfere with, abrogate, or annul any deed restriction or other agreement between private parties. The Town of McAdenville and its staff shall not enforce any such private agreements.

Section 2.6 Interpretations of Terms and Words

The following rules shall be followed in interpreting words and terms used in this Ordinance.

  1. Words used in the present tense include the future tense.
  2. Words used in the singular number include the plural, and words used in the plural number include the singular unless the context of the particular usage clearly indicates otherwise.
  3. The word “person” includes a firm, association, organization, partnership, corporation, trust, and company as well as an individual.
  4. The word “lot” includes the word “plot” or “parcel”
  5.  The words “must” or “shall” are always mandatory and not merely directory.
  6. The word “may” is permissive in nature, except when the context of the particular use is negative. In such case it is mandatory.
  7.  The words “used” or “occupied” as applied to any land or building shall be construed to include the words “intended, arranged, or designed to be used or occupied”.
  8.  The word “Zoning Map”, or “Town of McAdenville Zoning Map”, or “Official Zoning Map” shall mean the Official Zoning Map of the Town of McAdenville, North Carolina.
  9. Any word denoting gender includes the female and the male.
  10. The term “Town Council” shall mean the “Town Council of McAdenville, North Carolina”.
  11. The term “Planning Board” shall mean the “Planning Board of the Town of McAdenville, North Carolina”. The Planning Board shall also act as the Watershed Review Board.
  12. The term “Board of Adjustment” shall mean the “Board of Adjustment of the Town of McAdenville, North Carolina”.
  13. The terms “Zoning Administrator”, “UDO Administrator”, “Subdivision Administrator”, “Flood Plain Administrator”, “Watershed Administrator” or “Administrator”, shall refer to the person(s) administrating said Ordinance.
  14. The term “Street” shall mean “Road”.
  15. The Board of Adjustment shall also act as the Flood Control Appeal (or Control) Board.
  16. The term “zoning jurisdiction” shall mean “planning jurisdiction” and shall refer to the geographical area in which this Ordinance has applicability.
  17. The term “Town” shall refer to “the Town of McAdenville, North Carolina.”
  18. The term “McAdenville Planning Department” or “Planning Department” shall mean the “Town of McAdenville Planning Department.”
  19. The term “screening”, “buffering” and “buffer” shall all mean the same.
  20. The following acronyms may be used throughout this ordinance:
    1. UDO – Unified Development Ordinance
    2. USO – Urban Standards Overlay District
    3. CH – Corridor Highway Overlay District
    4. SV – Scenic View Overlay District
    5. WS – Water Supply Watershed Overlay District
    6. FH – Flood Hazard Overlay District
    7. SH – Special Highway Overlay District
    8. TH – Thoroughfare Highway Overlay District
    9. WF – Water Front Overlay District
    10. NCDOT – North Carolina Department of Transportation MPO – Metropolitan Planning Organization
    11. RPO – Rural Planning Organization
    12. PIM – Public Information Meeting
    13. PCUP – Parallel Conditional Use District
    14. CD – Conditional Zoning District
    15. FEMA – Federal Emergency Management Agency
    16. BOA – Board of Adjustments

Section 2.7 Terms Defined in this Ordinance 

A. A list of definitions of terms, phrases, and words used in this Ordinance follows. Other terms may be defined elsewhere in this Ordinance. Terms that are specifically defined in this Ordinance outside of Section 2.7 shall apply solely to the Sections or Chapters as so indicated, may supersede the definition list in this Section 2.7. Definitions of Terms found in Section 2.7 shall otherwise be applicable throughout the Ordinance.

B. Words not specifically defined in this Ordinance shall be defined by reference in the following order: first in the most recently adopted version of the State Building Code; second in the Merriam-Webster Dictionary, and third in the American Collegiate Dictionary. The Land Use Administrator shall make the interpretation if not found in the above references.

The list of terms defined in this Ordinance and shown in Table 2.7-1 is as follows:
(Note: an * means it is also on the Use Table in Chapter 7)

  • Term
  • Abandoned
  • Abattoir
  • ABC Store
  • Active Construction
  • Adjacent Property(ies)
  • Administrator, Land Use Ordinance
  • Adult Establishment
  • Adult Hotel
  • Adult Video
  • Agricultural Use
  • Airport
  • Airstrip
  • Alley
  • Alteration
  • Amusement and Sporting Facility, Indoor
  • Amusement and Sporting Facility, Outdoor
  • Amusement Arcade
  • Amusement Park
  • Animal Grooming Services for Household Pets
  • Animal Hospital (Indoor Kennels)
  • Animal Hospital (Outdoor Kennels)
  • Animal Kennel
  • Animal Shelter
  • Animal, Wild
  • Antenna
  • Antenna, Amateur Radio
  • Apartment
  • Appeal
  • Art Gallery
  • Arterial, Minor
  • Arterial, Principal
  • Articulation
  • Assisted Living Center
  • ATM (Automated Teller Machine)
  • Auction
  • Auditorium/Assembly Hall/Amphitheater
  • Automobile Body Shop
  • Automobile, Truck, Boat, Motorcycle, Manufactured Home and Recreational Vehicle Sales and Rental
  • Awning
  • Bail Bond
  • Banner
  • Baseball Hitting Range
  • Bay Window
  • Beacon
  • Bed and Breakfast Inn
  • Berm
  • Billboard
  • Billiard Parlor
  • Bona Fide Farm
  • Botanical Garden
  • Boundary Structure
  • Bowling Lanes
  • Building
  • Building, Agricultural/Farm
  • Building, Principal
  • Building Elevation
  • Building Face
  • Building Footprint
  • Building Height
  • Building Materials and Lumbar Sales
  • Building Permit
  • Building Setback Line
  • Bulletin Board
  • Bus r Train Terminal, Passenger
  • Business Services
  • Caliper
  • Camping and Recreational Vehicle Park
  • Canopy
  • Car Wash, Automatic
  • Car Wash, Self Services
  • Cemetery
  • Certificate of Complicance
  • Certificate of Occupancy
  • Changeable Copy
  • Charitable Service FAcility
  • Check Cashing Establishment
  • Church/Place of Worship
  • Cleaning and Maintenance
  • Club, Private (Without Adult Entertainment)
  • College/University
  • Commercial Message
  • Commercial Vehicle and Truck Storage
  • Community Center
  • Comprehensive Plan
  • Conditional Use Permit (CUP)
  • Conservation Organization
  • Continuing Care Facility
  • Contractor Storage and Equipment Yard
  • Convenience Store
  • Correctional Facility
  • Country Club
  • Crematorium
  • Daycare Center
  • Day Care Center, Class A
  • Daycare Center, Class B
  • Daycare Center, Class C
  • Density Credit
  • Density Gross
  • Developer
  • Development, Multi-Family
  • Development, Planned Multi-tenant
  • Diameter at Breast Height
  • Display of Goods Outdoors
  • Distribution/Wholesale/Storage Operations
  • Drive-In Window
  • Drive-through Facility
  • Dwelling, Manufactured Home Class A
  • Dwelling, Manufactured Home Class B
  • Dwelling, Manufactured Home Class C
  • Dwelling, Manducatured Home Class D
  • Dwelling, Village Hosue
  • Easement
  • Electric, Heating, Air Conditioning, Ventilating, Plumbing Supplies and Equipment Sales
  • Encroachment
  • Entrance Primary
  • Essential Services
  • Extraterritorial Jurisdiction
  • Family
  • Financial Institution
  • Floor Area Ratio
  • Food Catering Facility
  • Fraternal and Service Organization Meeting Facility (Nonprofit and Not-For-Profit)
  • Furrier
  • Garage, Private
  • Garage, Rear Load Detached
  • Grade, Finished
  • Grade, Street
  • Gross Floor Area
  • Ground Covers
  • Health and Behavioral Care Facility
  • Heavy, Industrial, Farm Equipment Sales and Services
  • Heliport/Helistop
  • Holiday Decorations
  • Home Occupation Customary
  • Home Occupation Rural
  • Hotel Full Service
  • HVAC Equipment
  • Impervious Surface
  • Industrial Heavy Equipment Bulk Storage Yard
  • Land Disturbing Activity
  • Manufactured Goods
  • Manufactured Goods, Class 1
  • Manufactured Goods Class 2
  • Marina Commercial
  • Maternity Home
  • Military Reserve Center
  • Mini-Warehouse
  • Model Sales Home
  • Modular Home
  • Motel
  • Multi-Family Development
  • Museum
  • Nonconformity
  • Organic Waste
  • Outdoor Event (Temporary Use)
  • Outdoor Resale Business
  • Package Treatment Plant
  • Parapet
  • Permit Zoning
  • Petroleum Distribution Facility
  • Planned Residential Development (PRD)
  • Planned Unit Development (PUD)
  • Plat
  • Portable Toliet Services
  • Premises
  • Public Information Meeting (PIM)
  • Public Safety Station
  • Recreation Center and Sports Center
  • Recycling Deposit Station
  • Recycling Deposit Station, Principal Use
  • Recycling Processing Facility
  • School, Elementary and Middle (Public and Private)
  • School, Senior High/High School (Public and Private)
  • School, Vocational
  • Schools for the Arts, Etc.
  • Setback
  • Setback, Front
  • Setback, Rear
  • Setback, Side
  • Sewer, Community
  • Shopping Center
  • Shurb
  • Sight Triangle
  • Site Specific Development Plan
  • Skating Rink
  • Sketch Plan
  • Slope
  • Solid Waste Transfer Station
  • Special Outdoor Event
  • Special Exception
  • Street Collector
  • Structure
  • Structure, Accessory
  • Structure, Detached
  • Subdivision, Major
  • Subdivision, Major 1
  • Subdivision, Major 2
  • Subdivision, Minor
  • Tattoo Parlor/Body Piercing Establishment
  • Technical Review Committee
  • Terminal Vista
  • Thoroughfare
  • Thoroughfare Plan
  • Tower, Telecommunication
  • Tract, Parent
  • Traditional Neighborhood Development (TND)
  • Traffic Impact Analysis
  • Tree, Canopy
  • Variance
  • Vehicle, Commercial
  • Vehicle, Inoperable
  • Vehicle, Junked
  • Water, Public
  • Wireless Communications
  • Yard, Front
  • Yard Rear
  • Yard Side
  • Zoning District Commercial
  • Zoning District, Conditional
  • Zoning District, Parallel Conditional Use
  • Zoning District, Industrial
  • Zoning District, Office
  • Zoning District, Overlay
  • Zoning District, Residential
  • Zoning District, Urband Standards Overlay (USO)
  • Zoo
  • Use Table Subcategory*
  • Abandoned
  • Industrial/General Manufacturing
  • Sales and Services
  • Active Construction
  • Adjacent Property(ies)
  • Administrator, Land Use Ordinance
  • All Other Uses
  • All Other Uses
  • All Other Uses
  • Agricultural Uses
  • Transportation
  • Transportation
  • Alley
  • Alteration
  • Recreation
  • Recreation
  • Recreation
  • Recreation
  • Commercial Services
  • Medical
  • Medical
  • Commercial Services
  • Civic/Community Organizations
  • Animal, Wild
  • Antenna
  • Antenna, Amateur Radio
  • Apartment
  • Appeal
  • Sales and Services
  • Arterial, Minor
  • Arterial, Principal
  • Articulation
  • Civic/Community Organization
  • Commercial Services
  • Auction
  • Civic/Community Orgnaziation
  • Commercial Services
  • Sales and Services
  • Awning
  • Commercial Services
  • Banner
  • Recreation
  • Bay Window
  • Beacon
  • Commercial Services
  • Berm
  • Billboard
  • Recreation General
  • Bona Fide Farm
  • Agricultural Uses
  • Boundary Structure
  • Recreation
  • Building
  • Building, Agricultural/Farm
  • Building, Principal
  • Building Elevation
  • Building Face
  • Building Footprint
  • Building Height
  • Sales and Services
  • Building Permit
  • Building Setback Line
  • Bulletin Board
  • Transportation
  • Commercial Services
  • Caliper
  • Residential
  • Canopy
  • Commercial Services
  • Commercial Services
  • Civic/Community Organizations
  • Certificate of Complicance
  • Certificate of Occupancy
  • Changeable Copy
  • Civic/Community Organizations
  • Commercial Services
  • Civic/Community Organizations
  • Commercial Services
  • Sales and Services
  • Education
  • Commercial Message
  • Industrial/General Manufacturing
  • Civic/Community Organizations
  • Comprehensive Plan
  • Conditional Use Permit (CUP)
  • Conservation Organization
  • Civic/Community Organziation
  • Industrial/General Manufacturing
  • Sales and Services
  • Civic/Community Organizations
  • Civic/Community Organizations
  • Industrial/General Manufacturing
  • Civic/Community Organizations
  • Civic/Community Organziations
  • Civic/Community Organizations
  • Civic/Community Organizations
  • Density Credit
  • Density Gross
  • Developer
  • Residential
  • Development, Planned Multi-tenant
  • Diameter at Breast Height
  • Display of Goods Outdoors
  • Industrial/General Manufacturing
  • Drive-In Window
  • Drive-through Facility
  • Residential
  • Residential
  • Residential
  • Residential
  • Residential
  • Easement
  • Sales and Services
  • Encroachment
  • Entrance Primary
  • Essential Services
  • Extraterritorial Jurisdiction
  • Family
  • Commercial Services
  • Floor Area Ratio
  • Commercial Services
  • Civic/Community Organizations
  • Sales and Services
  • Garage, Private
  • Garage, Rear Load Detached
  • Grade, Finished
  • Grade, Street
  • Gross Floor Area
  • Ground Covers
  • Medical
  • Sales and Services
  • Transportation
  • Holiday Decorations
  • Sales and Services
  • Sales and Services
  • Commercial Services
  • HVAC Equipment
  • Impervious Surface
  • Industrial/General Manufacturing
  • Land Disturbing Activity
  • Manufactured Goods
  • Industrial/General Manufacturing
  • Industrial/General Manufacturing
  • Commercial Services
  • Residential
  • Civic.Community Organizations
  • Commercial Services
  • Model Sales Home
  • Modular Home
  • Commercial Services
  • Residential
  • Civic/Community Organization
  • Nonconformity
  • Organic Waste
  • Outdoor Event (Temporary Use)
  • Outdoor Resale Business
  • Package Treatment Plant
  • Parapet
  • Permit Zoning
  • Petroleum Distribution Facility
  • Residential
  • Residential
  • Plat
  • Commercial Services
  • Premises
  • Public Information Meeting (PIM)
  • Public Safety Station
  • Recreation
  • Industrial/General Manufacturing
  • Recycling Deposit Station, Principal Use
  • Industrial/General Manufacturing
  • Education
  • Education
  • Education
  • Education
  • Setback
  • Setback, Front
  • Setback, Rear
  • Setback, Side
  • Sewer, Community
  • Sales and Services
  • Shurb
  • Sight Triangle
  • Site Specific Development Plan
  • Skating Rink
  • Sketch Plan
  • Slope
  • Solid Waste Transfer Station
  • Special Outdoor Event
  • Special Exception
  • Street Collector
  • Structure
  • Structure, Accessory
  • Structure, Detached
  • Subdivision, Major
  • Subdivision, Major 1
  • Subdivision, Major 2
  • Subdivision, Minor
  • Personal Services
  • Technical Review Committee
  • Terminal Vista
  • Thoroughfare
  • Thoroughfare Plan
  • Tower, Telecommunication
  • Tract, Parent
  • Residential
  • Traffic Impact Analysis
  • Tree, Canopy
  • Variance
  • Vehicle, Commercial
  • Vehicle, Inoperable
  • Vehicle, Junked
  • Water, Public
  • Wireless Communications
  • Yard, Front
  • Yard Rear
  • Yard Side
  • Zoning District Commercial
  • Zoning District, Conditional
  • Zoning District, Parallel Conditional Use
  • Zoning District, Industrial
  • Zoning District, Office
  • Zoning District, Overlay
  • Zoning District, Residential
  • Zoning District, Urband Standards Overlay (USO)
  • Zoo
  • Definition
  • A use shall be considered abandoned when: (i) The use is discontinued for a continuous period of at least one hundred- eighty (180) days, other than in association with the settlement of an estate or for any cause that is seasonal in nature); or, (ii) The premises are devoted to another use; or, (iii) Failure to take all positive action to resume the nonconforming use with reasonable dispatch, including the failure to advertise the property for sale or for lease for a period of at least two (2) years.
  • A slaughter house for livestock.
  • A retail establishment at which liquors are sold to the general public and which is run under the auspices of the local Alcohol and Beverage Control (ABC) Board.
  • On-site activities not discontinued for a continuous period of at least one hundred-eighty (180) days, such as installation, erection, fabrication, alteration, demolition or removal of structures, facilities, or additions that contribute directly to the completion of improvements contemplated or shown on construction plans.
  • One (1) or more lots or tracts that abut or touch and having a boundary, or portion thereof, which is contiguous to the lot in question. Such determination shall be made by extending the exterior lot lines of the lot in question to adjacent lots and/or adjacent roads, streams, easements or rights-of-way. The term “adjacent” or “adjacent property” shall also mean
    “contiguous” or “contiguous property”, “abutting” or “abutting property”, “adjacent or adjacent property”.
  • A person (or his designee) and any other officials designated by the governing board for the administration of this Ordinance. Such person(s) may also be referred to as the “Administrator”
  • Any structure or use of land that meets the definition of “Adult Establishment” as outlined in NCGS 14-202.10 and includes, but is not limited to adult video stores and adult hotels.
  • A hotel, motel or similar establishment that:
    (i) Provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that depict or describe
    “specified sexual activities” or “specified anatomical areas” as one of its principal business purposes; or,
    (ii) Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or,
    (iii) Allows a tenant or occupant of a sleeping room to sub-rent a sleeping room for a period of time that is less than ten (10) hours.
  • Any store which predominantly displays or which receives a preponderance of its gross income during any calendar month from sale or rental of films, motion pictures, video cassettes or video reproductions, slides, computer media, or other visual or audio representations that depict or describe “specified sexual activities” or “specified anatomical areas” as defined in NCGS 14-202.10.
  • The commercial production, keeping or maintenance, of plant and animals useful to man, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats or any mutations or hybrids thereof, including the breeding and grazing all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including nuts; vegetables; nursery, floral and ornamental products; or lands devoted to a soil conservation or forestry management program. Uses which shall not be deemed as “agricultural uses” include: (i) zoos, (ii) kennels, and (iii) riding stables.
  • A facility where aircraft can land and take off on a recurring basis and which is equipped with hangers, refueling facilities and/or repair facilities.
  • An area of land or water that is designed or used on a recurring basis for the landing and takeoff of aircraft, ultralights, model airplanes or other flying apparatus excluding hot air balloons and which does not contain hangers, refueling facilities or repair facilities.
  • A traveled way that affords only a secondary means of access to abutting property and is not intended for general traffic circulation.
  • A change in the size, configuration, or location of a structure; or a change in the use of a structure or lot from a previously approved or legally existing size, configuration, location, or use.
  • A facility providing entertainment or games of skill activities to the general public for a fee and that is wholly enclosed in a building. This shall include, but not be limited to: a bowling alley, indoor paintball facility and movie theater. This definition does not include game rooms.
  • A facility providing recreational activities outside of an enclosed building. Typical uses include: miniature golf, golf driving range, skeet shooting, etc… but does not include a stadium.
  • A place of entertainment primarily featuring coin-operated gaming machines.
  • A commercially operated park that offers rides, games, and other forms of entertainment.
  • A facility where animals are groomed, shampooed, clipped, etc. No long term stay shall be allowed.
  • A place where animals are given medical or surgical treatment and the boarding of animals is incidental to the hospital use. All facilities associated with an animal hospital shall be located indoors.
  • A place where animals are given medical or surgical treatment and the boarding of animals is incidental to the hospital use. Facilities may be located outdoors and may include but not be limited to: kennels and training/ exercise areas.
  • A location where more than six (6) dogs or other domesticated animals, or wild animals are kept, groomed, bred, boarded, trained, or sold.
  • A facility which is used to house or contain animals and which is owned, operated, or maintained by an incorporated, humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection and humane treatment of animals.
  • Any animal, which can normally be found in the wild state, particularly those feral, aggressive, able to harbor or transmit disease, dangerous, or non-domesticated, which generally do not live in or about the habitation of humans. These animals include, but not are limited to, deer, lions, non-human primates, bats, wolves, and wolf hybrids, hyenas, felids, as regulated by the Captive Wildlife Safety Act, bears, elephants, rhinoceros, hippopotamus, exotic wild cattle, crocodilians, venomous reptiles, constrictor snakes, raccoons, and skunks. Generally, local pet stores in Gaston County do not sell items for such animals. Wild animals specifically do not include animals of a species customarily used as farm animals, fish contained in an aquarium, pool or pond, birds or insects.
  • Any system of wires, poles, rods, or similar devices used for the transmission or reception of electromagnetic waves external to or attached to the exterior of any building.
  • An antenna owned and utilized by a FCC-licensed amateur radio operator.
  • A room or suite of rooms, with toilet and culinary accommodations, used or designed for use as a residence by a family and is located in a building that contains two (2) or more such rooms or suites.
  • A request to a higher authority as a result of a decision determined by the Administrator or governing body, elected or appointed.
  • A commercial establishment where individual pieces of art are sold to the general public on a retail basis. Works of art may also occasionally be sold on an auction basis at such an establishment.
  • A road so designated on the most recently adopted version of the Gaston Urban Area Thoroughfare Plan and any other adopted thoroughfare plan. Roads designated as “minor thoroughfares” shall also be classified as “minor arterials” for purposes of this Ordinance.
  • A road so designated on the most recently adopted version of the Gaston Urban Area Thoroughfare Plan and any other adopted thoroughfare plan. Roads designated as “major thoroughfares” shall also be classified as “principal arterials” for purposes of this Ordinance.
  • A building’s detailing and ornamentation, which includes windows, balconies, porches, entries, etc. It divides large buildings into smaller identifiable pieces.
  • An institution licensed by the state as an “assisted living residence” and which provides, at a minimum, one meal a day, housekeeping service and personal care services to seven (7) or more aged or disabled residents.
  • An automated device that performs banking or financial functions at a location outside of or remote from the controlling financial institution.
  • A public or private sale in which property or items of merchandise are sold to the highest bidder.
  • A structure or facility designed, intended, or used primarily for outside and/or inside performing art events or other spectator events and contains seating for spectators of those events. The sale of beverages, snack foods, and sundries geared to on-premise consumption or usage by spectators shall be permitted.
  • Any building, premises and land in which or upon which a business is conducted that primarily involves the painting of vehicles or external repairing of damaged vehicles.
  • Any building, premises, and land, in which or upon the primary use of land is a business that involves the maintenance, servicing or sale of new or used automobiles, boats, and/or manufactured homes. This may also include light trucks [i.e. trucks weighing less than two and one-half (2.5) tons] or vans, trailers, or recreation vehicles. Also included in this definition is vehicle leasing, rental, parking service, preparation or repair work conducted as an accessory use. Notwithstanding the above, any premise upon which there is a regular sale of boats, vehicles, etc. shall be considered an “Automobile, Truck, Boat, Motorcycle, Manufactured Home and Recreational Vehicle Sales and Rental” establishment.
  • A structure made of cloth, metal, or other material affixed to a building in such a manner that the structure may be raised or retracted from a building to a flat position against the building, but not to include a canopy.
  • An office that engages in the sale or issuance of bail bonds or other financial transfers for the purpose of securing the release from jail of an accused defendant pending trial.
  • A sign intended to be hung either with or without a frame, possessing characters, letters, illustrations, or ornamentations applied to plastic or fabric of any kind, excluding flags and emblems of political, professional, religious, educational, or corporate organizations. Banners include windblown signs such as feather flags, pennants and any similar flag
  • A place of business with an indoor/outdoor temporary or permanent type cage for the hitting of a baseball as practice or recreation. The baseball may either be pitched by a person or by a pitching machine within the cage to a batter within the cage to disallow the ball from going outside of the cage.
  • A window or series of windows forming a bay or recess in a room and projecting outward from the wall.
  • Any light with one (1) or more beams directed into the atmosphere or directed at one (1) or more points not on the same site as the light source; also, any light with one (1) or more beams that rotate or move.
  • A use that (i) takes place within a building that prior to such establishment, was designed and used as a single-family residence, (ii) that consists of renting one (1) or more dwelling rooms on a daily basis to tourist, vacationers and similar transients, (iii) where the provision of meals, if provision of meals is made, is limited to the breakfast meal, and is available only to guests, and (iv) where the bed and breakfast operation is conducted primarily by persons who reside in the dwelling unit, with the assistance of not more than the equivalent of one (1) full-time employee. The maximum number of rooms available for rent shall be five (5); the maximum length of stay shall be fourteen (14) consecutive days.
  • Any elongated earthen mound designed or constructed on a site to separate, screen or buffer adjacent land uses.
  • See “Sign, Off-premise Advertising”
  • Business establishments open to the public whose primary source of income is from billiards.
  • The production and activities relating or incidental to the production of crops, fruits, vegetables, sod, or ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agricultural products having a domestic or foreign market meeting one (1) of the present use value criteria:

    i) Agricultural land, consisting of at least ten (10) acres, or horticultural land, consisting of at least five (5) acres, both of which may be in one or more contiguous tracts that are in actual production. These tracts may be owned or leased by the operator and had a minimum sales of one thousand dollars ($1000.00) for the three
    (3) years preceding January 1 of the year of application, or
    ii) A minimum of twenty (20) acres of forestland for which a woodland management plan has been prepared by N.C. Forest Service.

  • A facility owned by a public or private nonprofit entity containing at least ten (10) acres of land that is primarily used for the public display and conservation of plants and related botanical education and research purposes. Such facility may also include the following facilities: conservatories; greenhouses; plant maintenance and propagation facilities; visitor centers; museums; education and research facilities; trails; boat touring and mooring facilities; bird, insect and water life observation facilities; living farm museums; petting zoos; concession facilities including meeting rooms, eating establishments, lodging and gift shops; and permanent housing for caretakers and other on-site employees.
  • A brick, stone, stucco or other decorative masonry, wooden, iron or vinyl clad metal fence, excluding chain link and wire fences, constructed entirely or partially around a single-family subdivision, a multifamily or multi-tenant development. Such walls or fences, regardless of their length, also include structures constructed as a signature entrance to a single- family subdivision, a multifamily complex or an office, business or retail complex.
  • A building, which contains one (1) or more alleys or lanes for bowling, whereby a bowling ball is rolled on an alley or lane (flat surface) in order to knock down objects call pins.
  • Any structure having a roof supported by columns or walls intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.
  • A structure designed and constructed to house farm implements, hay, grain, poultry, live-stock or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public.
    In a situation where an existing principle structure is located on a parcel of five (5) acres or greater, a farm building may be constructed when it is determined by the Land Use Administrator that the primary activity to be conducted within the accessory structure is agricultural in nature as described above.
    This structure cannot be used to house items that would be typically associated with a normal residential accessory structure (i.e., vehicles, boats, car trailers, recreation vehicles, personal items, etc.)
  • A building in which the principal use is on the lot on which it is situated. A multi-occupant property may have more than one (1) principal building.
  • The view of any building or other structure from any one (1) of four (4) sides showing features such as construction materials, design, height, dimensions, windows, doors, other architectural features, and the relationship of grade to floor level.
  • The dominant structural feature of the elevation of any side of a building.
  • The outline of the total area of a lot or site that is surrounded by the exterior walls of a building or portion of a building, exclusive of courtyards. In the absence of surrounding exterior walls, the building footprint shall be the area under the horizontal projection of the roof.
  • The vertical distance from the mean elevation of the finished grade along the front of the building to the highest point of a flat roof, a mansard roof, or a gable, hip or gambrel roof. Roof appurtenances such as skylights; roof structures for elevators; stairways; tanks; heating, ventilating and air conditioning equipment; or similar operating and/or maintenance equipment shall be excluded from this measurement. In computing the height of a building, the height of a basement, if below the grade from which the height is measured, shall not be included.
  • An establishment where lumber and building materials goods are the primary products sold.
  • An official document issued by Gaston County pursuant to this Ordinance and the State building code that authorizes the erection, construction, reconstruction, restoration, alteration, enlargement, conversion, remodeling, demolition, moving, or repair of a building or structure.
  • A line establishing the minimum allowable distance between the nearest portion of any building (or any attached appurtenance thereof), and the nearest edge of the street right-of-way or property line when measured perpendicular thereto.
  • A board for posting notices which are designed to be read by pedestrians.
  • Any premises for the transient housing or parking of inter-Town motor-driven buses (e.g., Greyhound, Trailways) and the loading and unloading of passengers going on such bus trips. Refer to “transit station” for facilities designed to accommodate intra-Town transit services.
  • The provision of services required for the day-to-day operation of a business such as, but not limited to, consulting service, photocopy or office supply. Such stores may have extended operating hours.
  • A horticultural method of measuring the diameter of a tree trunk for the purpose of size grading. The caliper of the trunk is measured six (6) inches above the ground for trees up to and including four (4) inches in diameter, twelve (12) inches above the ground for trees greater than four (4) inches up to twelve (12) inches in diameter, and at breast height (4.5 feet) for trees greater than twelve (12) inches in diameter.
  • Land containing two (2) or more campsites which are located, established, or maintained for occupancy by people in temporary living quarters, such as tents, recreation vehicles, or travel trailers which are used for recreation, vacation purposes or temporary housing for construction or farm workers. Occupancy for recreation or vacation purposes shall be limited to individual stays of no greater than thirty (30) days and occupancy for temporary housing shall be limited to individual stays of no greater than one-hundred eighty (180) days.
  • A permanent structure other than an awning made of cloth, metal or other material attached or unattached to a building for the purpose of providing shelter to patrons or automobiles, or as a decorative feature on a building wall. A canopy shall not be considered as being a completely enclosed structure.
  • A commercial establishment primarily engaged in the washing of automobiles, motorcycles, and pick-up and panel trucks. Such washing shall be done using a combination of automatic washing devices and manual labor provided by the commercial establishment. The retail sale of fuels may also be provided in an accessory capaTown. Accessory self-vacuuming facilities shall be allowed.
  • A commercial establishment primarily engaged in the washing of automobiles, motorcycles, and pick-up and panel trucks. Such washing shall be done manually by the customer (i.e., the use of fully automated devices which move the vehicle through a washing device shall not be permitted). Accessory self-vacuuming facilities shall be allowed.
  • Property used for the interment of the dead, which use may include the commercial sale and location of burial lots, crypts, or vaults for use exclusively on the subject property. A cemetery shall not be used for the preparation or embalming of bodies or the cremation of bodies. This definition shall be construed to include bona fide pet cemeteries.
  • A statement, signed by the Administrator, setting forth that a building, structure or use complies with this Ordinance.
  • A document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all applicable building codes and regulations.
  • The display area of a sign where characters, letters, or illustrations can be changed or rearranged without altering the face or surface of the sign.
  • A facility, other than a food pantry (see definition), operated by a public or private entity that directly distributes charity or relief services directly to the public. Examples of such a facility include soup kitchens and homeless shelters. Public office facilities (e.g., Department of Social Services facilities) and a church/place of worship shall not be deemed a charitable service facility.
  • A business engaged in cashing checks for the general public as an element of its operation that exceeds fifty (50) percent of its gross revenue and is not licensed by the appropriate state or federal agencies as a bank, savings and loan, or credit union. Primary signage associated with a business that includes the phrase “check cashing” will be considered prima facie evidence that the business is a check cashing business.
  • A building or structure, or group of buildings or structures, which by design and construction are primarily intended for conducting organized religious services whose site may include an accessory area for the interment of the dead. Certain customary accessory uses shall be allowed to take place on church premises. These include bookshops, recreation centers, outdoor playing fields, youth facilities, parsonage, cemetery, food pantry, and certain types of day care centers and schools. The overnight lodging of transient persons shall not be considered as a customary accessory use. Such accessory uses shall be subject to any applicable supplemental regulations located elsewhere in this Ordinance.
  • An operation based within a building or office that offers services that includes both interior and exterior cleaning of commercial and residential building, homes, apartments, outbuildings, agricultural buildings, etc.
  • For-profit establishments that (i) is organized and operated solely for social and recreational purposes; (ii) and which may include the sale of alcoholic beverages; (iii) and that is not open to the general public, but open only to the members of the organization and their bona fide guests. Excluded from this definition are facilities used by nonprofit fraternal and service organizations.
  • A private or public educational institution where students attend to earn associates, baccalaureate, masters or doctoral degrees. A college/university shall not be considered a
    “vocational school” or a “school for the arts.”
  • Any sign, wording, logo or other representation, that, directly or indirectly, names, advertises, or calls attention to a business, product, service or other commercial activity.
  • A piece of property that is used primarily for the outdoor storage, on a regular basis, of trucks and other commercial vehicles, excluding septic tank and solid waste vehicles.
  • A building used for recreational, social, educational and cultural activities owned and operated by a public or nonprofit group or agency.
  • A plan, formally adopted by the local governing board, that includes policy statements, goals and objectives, maps and statistical data for the physical and economic development of the community. The may also be referred to as Land Use Plan.
  • An authorization issued by the Town Council or Board of Adjustment for a Conditional Use Permit or for the rezoning of one or more properties to a Parallel Conditional Use district (PCUP) and which may be subject to any specific restrictions or conditions on its size, location, construction, hours of operation, character of use, and other fair and reasonable conditions as specified by such approval body that are mutually approved by said approval body and the applicant.
  • A nonprofit corporation or trust, or any private corporation or business entity authorized to do business in North Carolina, intended to exist indefinitely, an whose ongoing purpose includes:

    I. The permanent and perpetual preservation of land areas for outdoor recreation by, or for the education of, the general public; or
    II. The permanent and perpetual protection of the natural habitat for fish, wildlife, or plants or similar ecosystem; or
    III. The permanent and perpetual preservation of open space (including farmland and forest land) where such preservation is: (i) for the scenic enjoyment of the general public, (ii) pursuant to a clearly delineated Federal, State or local governmental conservation policy and will yield a significant public benefit.

  • A residential complex that contains a variety of living facilities that may include independent living units (i.e., apartments, condominiums, cottages), assisted living (domiciliary care) facilities and/or nursing home beds. Residents of such a facility may either pay rent or purchase their living quarters. If the unit is occupant-owned, the unit normally reverts to the development owner upon the death of the resident or to a surviving spouse.
  • A place where construction equipment and material used by contractors are externally stored on a regular basis.
  • A one (1) story, retail store containing less than three- thousand (3,000) square feet of gross floor area that is designed and stocked to sell primarily fuel, food (packaged and/or prepared), beverages, and other household supplies to customers who purchase relatively few items (in contrast to a “grocery store”). A “convenience store” is designed to attract and depends upon a large volume of stop-and-go traffic.
  • A facility operated by a governmental entity (or a private contractor thereof) used primarily for the incarceration or housing of persons serving criminal sentences. State prisons, prison camps, and penitentiaries are examples of such a facility.
  • A land area and buildings containing recreational facilities, clubhouses and usual accessory uses, open to members and their guests that are privately operated. Uses at a country club frequently include golf courses, swimming pools (outdoors), and clubhouses. Meal service may be available, but is generally limited to members and their guests. A country club may be developed as a freestanding entity or as part of a residential community or planned residential development.
  • A facility whose primary function is for the cremation of human bodies or animals.
  • A day care center facility located on the premises or adjacent to the premises of an office use, institutional use, commercial use, industrial use or group development for the primary purpose of care for the dependents of employees of such commercial, office, institutional or industrial use. At least sixty- six (66) percent of the clients enrolled shall be dependents of employees of the establishment or group development sponsoring such facility.
  • A place where daytime care is provided to not more than six (6) pre-school children, handicapped persons, or senior citizens, and not more than three (3) school aged children unrelated by blood or marriage to, and not the legal wards or foster children of the attendant adult, within an occupied residence. Persons who are related by blood or marriage to the attendant adult shall not be counted as patrons of the day care center.
  • A place where daytime care is provided to more than six (6) but less than fifty (50) pre-school children, after school care children, handicapped persons or senior citizens unrelated by blood or marriage, and not the legal wards or foster children of the attendant adult. Persons who are related by blood or marriage to the attendant adult shall not be counted as patrons of the day care center.
  • A place where daytime care is provided to fifty (50) or more pre-school children, after-school care children, handicapped persons or senior citizens unrelated by blood or marriage, and not the legal wards or foster children of the attendant adult. Persons who are related by blood or marriage to the attendant adult shall not be counted as patrons of the day care center.
  • The potential for the improvement or subdivision of part or all of a parcel of real property, to an intensity or degree that otherwise is not allowed in the underlying zoning district. Such ability to improve or develop the property is based on the dedication of land for transportation improvement purposes in exchange for the ability to develop the property to this greater standard.
  • A ratio expressed as the number of dwelling units per gross acre. The ratio is derived by dividing the total number of dwelling units by the total land area of the parcel(s) to be developed.
  • That person or entity improving or developing land that may or may not be the owner of the property.
  • A tract of land under individual, corporate, firm, partnership or association ownership, or under common control evidenced by duly recorded contracts or agreements that is planned and developed as an integral unit in a single development operation or in a definitely programmed series of development operations. Such development shall consist of two (2) or more duplex buildings, or three (3) or more dwelling units sharing one (1) or more common walls. The development shall have a unified or coordinated design of buildings and a coordinated organization of service areas and common open space area.
  • A development containing more than one (1) principal nonresidential use that is planned as a single entity in one (1) or more phases. Such development may have an internal network of public or private streets linking the various uses. Such uses may be located on one (1) or more lots. Some lots (commonly referred to as “outparcels”) need not have direct access onto a public street. Such developments shall also include any individual lots (including outparcels) located therein.
  • The measurement of the diameter of a tree trunk over twelve (12) inches in diameter taken at a height of four and one-half (4.5) feet above the ground.
  • The display and sale of products outside of a building or structure including garden supplies, clothing, toys, play equipment, agricultural products, building and landscape materials, food and beverages.
  • A facility where goods are received and/or stored for delivery to wholesale customers in remote locations.
  • A window or other opening in the wall of a principal or accessory building through which goods or services are provided directly to customers in motor vehicles by means that eliminate the need for such customers to exit their motor vehicles.
  • A business or facility which is designed or intended to enable a customer to transact business without exiting a motor vehicle parked on or moving through the premises.
  • A manufactured home constructed after July 1, 1976 that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies each of the following additional criteria:
    (a) The minimum width (the width being the narrower of the two overall dimensions) of the main body of the manufactured home as assembled on the site shall be at least twenty-two (22) feet for a distance extending along the length (the length being the longer of the two overall dimensions) of at least twenty (20) feet. (b) The pitch of the roof of the manufactured home has a minimum vertical rise of two and two-tenths feet for each twelve feet of horizontal run; the roof is finished with a type of shingle that is commonly used in standard residential construction and which does not exceed the reflectivity of gloss white paint; the roof has an overhang (eave) extending at least ten (10) inches from each vertical exterior wall. A site- installed gutter may be counted in the width of the eave.
    (c) The exterior siding consists of wood, hardboard, vinyl, brick or aluminum and shall be comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction, and which does not exceed the reflectivity of gloss white paint.
    (d) A continuous, permanent masonry foundation or masonry curtain wall, un-pierced except for required ventilation and access, shall be installed upon a poured concrete footer after placement on the lot, and before occupancy.
    (e) The tongue, axles, transporting lights, and removable towing apparatus are removed after placement on the lot and before occupancy.
    (f) The manufactured home is set up on the site in accordance with the standards set by N.C. Department of Insurance.
    (g) Stairs, porches, entrance platforms and other means of entrance and exit to the manufactured home shall be installed and constructed in accordance with the standards set by N.C. Department of Insurance.
    (h) A front porch, a minimum of eight (8) feet in width and eight (8) feet in depth.
  • A manufactured home that meets all of the criteria of a Class A Manufactured Home, except criteria (a), (b), and (c).
  • A manufactured home that meets all of the requirements of a Class A Manufactured Home, except criteria (a), (b), (c), (d), and (e); said manufactured home shall be installed with permanent type non-reflective skirting specifically manufactured for manufactured homes, pressure treated wood (except plain standard-surface, pressure treated plywood shall not be considered acceptable), or masonry underpinning. Such underpinning or skirting shall be installed under all elements of the manufactured home and be unpierced except for required ventilation and an access door.
  • A manufactured home that does not meet the requirements of a Class A, Class B, or Class C Manufactured Home.
  • A single-family detached dwelling built on a small lot (typically smaller than the minimum lot size for the zoning district). Land saved by use of smaller lots is dedicated for common use. Houses may be placed close to the street to maximize rear yards. Shared driveways with separate parking areas may be utilized.
  • A grant by a property owner to the public, a corporation, or other person or persons of the right to use an identifiable piece of land for specified purposes, such as for access or utilities, and which has been recorded in the Gaston County Register of Deeds Office.
  • The supply and sales of heating, air conditioning, ventilating, plumbing equipment, and accessories. A small indoor area for a showroom shall be allowed.
  • The projection or intrusion of a building, structure, or other land-disturbing activity into an area where such projections are typically prohibited.
  • An entrance or entrances leading from collector streets, major thoroughfares, arterials, or highways to subdivisions, multi-family uses, planned developments, industrial, commercial, or office and institutional subdivisions and developments.
  • Publicly or privately owned facilities or systems for the distribution of gas, electriTown, steam, or water, the collection and disposal of sewage or refuse; the transmission of communications; or similar functions necessary for the provision of public services. The provision of public safety services (i.e. law enforcement, emergency medical services, rescue services, fire protection), governmental uses, and related services shall be included as an essential service as described in Essential Service, Class 4. Essential Services are divided into the following four (4) classes as defined below.
  • The area adjacent to and beyond the municipal limits over which the municipality has been granted an exercise of municipal governmental powers, including but not limited to the power to regulate development, in accordance with North Carolina General Statutes, Section 160A-360.
  • An individual, or two (2) or more persons related by blood, marriage or adoption living together as a single housekeeping unit, exclusive of household servants; or a group of not more than six (6) persons who need not be related by blood, marriage, or adoption living together as a single housekeeping unit.
  • A commercial bank, a mortgage bank, a savings bank, a saving and loan association, or a credit union any of which are licensed, insured or chartered by the United States of America or the State of North Carolina. Manned drive-through services are provided on site. Outdoor automatic teller machines
    (ATMs) may or may not be provided.
  • The gross floor area of all buildings and structures on a lot divided by the lot area.
  • A facility at which a prearranged amount and type of food is prepared for consumption off-premises or in a meeting room on premises. A food catering facility differs from a restaurant in that food is not offered for sale to the general public on a retail basis.
  • A facility operated by an association of persons for activities which include, but are not limited to social, literary, political, educational, fraternal, charitable, or labor activities, with regular meetings and membership requirements. The facility is not operated for profit or to render a service that is customarily conducted as a business.
  • An occupation or business that deals in furs or the dressing, designing, cleaning, or repairing of fur garments.
  • A building or portion thereof that is accessory to a principal structure and providing for the storage of automobiles, and in which there is no occupation or business for profit carried on. Such garage shall be enclosed on all four (4) sides, and may be attached to or detached from the principal dwelling unit.
  • A building, attached or detached, which is loaded and accessible only by an alley way or street along the rear of the lot. No vehicular access from the front street is allowed.
  • A reference plane representing the average of finished ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or between the building and a point six (6) feet from the building and the lot line or between the building and a point six (6) feet from the building, whichever is closer to the building.
  • The height of the top of the curb, or if no curb exists, the height of the edge of pavement in the lane of travel adjacent to the side of the street at which the grade is being measured.
  • The sum of the gross horizontal areas of each floor of a principal building, and any accessory building or structures measured from outside of the exterior walls or from the centerline of party walls. The term does not include any area used exclusively for the surface parking of motor vehicles or for building or equipment access, such as stairs, elevator shafts, and maintenance crawlspace. This term also excludes pedestrian walkways and common areas within enclosed shopping facilities.
  • Low growing plants such as grasses, ivies, creeping bushes and similar decorative plantings. Where required by this Ordinance, ground covers shall have the capability of soil stabilization and erosion control.
  • A facility designed to offer two (2) or more health and behavioral services to clients. Such services may include limited medical care and health education, parenting program, adoption agency, and counseling center.
  • A facility where vehicles or other apparatus commonly used in commercial, industrial or construction enterprises are sold and serviced. This includes, but is not be limited to: trucks, trailers, bulldozers, cranes, backhoes, rollers, loaders, and lifts, each having a gross weight of two and one-half (2.5) tons or more.
  • An area designated to be used for the landing or takeoff of helicopters including operations facilities such as maintenance, loading, storage, fueling and terminal facilities.
  • Displays erected on a season basis in observance of religious, national or state holidays which are not intended to be permanent in nature and which contain no advertising material
  • Certain nonresidential uses conducted within a dwelling unit which is clearly incidental and subordinate to the residential use and, when observed from beyond the lot on which it is located, does not give visual, audible, sensory or physical evidence the property is used for any nonresidential purpose.
  • Certain nonresidential uses conducted in an accessory structure by the occupants of the lot upon which it is located. The use is clearly incidental and subordinate to the residential use and, when observed from beyond the lot on which it is located, does not give visual, audible, sensory or physical evidence the property is used for any nonresidential purpose.
  • An establishment providing a minimum of one-hundred (100) sleeping rooms (a suite shall be counted as two sleeping rooms) that have interior access. A “hotel” also has a restaurant with full table service, lounge, meeting facilities consisting of a minimum of five-thousand (5,000) square feet in one (1) room (said room may be divided by flexible partitions) and may include other hotel-related amenities and guest services.
  • External heating, ventilation, air conditioning, and other mechanical and utility equipment, including but not limited to, hoses, pipes, vents, fans, compressors, pumps, and heating and cooling units associated with buildings and accessory structures
  • Any material that reduces and prevents absorption of storm water into previously undeveloped land. This includes but is not limited to, buildings, roads, pavement, gravel surfaces, etc. Items not considered to be “impervious” include the water area of a swimming pool and wooden slatted decks.
  • Storage area, either open or enclosed for heavy equipment, new or used, including refrigeration equipment, chillers, boilers, motorized heavy equipment, bulk production equipment, and other miscellaneous equipment not covered under Junk Yard definition or other sections of this Ordinance.
  • Any use of the land by any person for residential, industrial, educational, institutional, or commercial development, or for highway and road construction and maintenance, that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. Within watershed management areas, land-disturbing activity shall include the clear cutting of trees unless specifically exempted by this Ordinance.
  • Manufacturing, refining, processing, or assembly of goods or products subject to the following limitations:
    The term “NAICS” shall refer to the North American Industry Classification System as set forth in the NAICS Manual published by the United States of America, Executive Office of the President, Office of Management and Budget and unless a use is defined in this Ordinance, the NAICS Manual shall be used to define, clarify or more specifically identify the uses and groups of uses listed. While the NAICS Manual uses the term “establishments primarily engaged in” in defining types of manufacturing operations, this Ordinance shall be construed to mean that if the activity is conducted at all within the use and that activity is listed as being a “conditional use”, then the entire use shall be deemed a “conditional use” as opposed to being a “permitted use”.
  • All manufacturing industries except those listed as “Manufacturing Goods, Class 2”.
  • The following manufacturing industries as identified by their NAICS Category and Code Number(s):
    • Pickled fruits and vegetables (NAICS 311421, 311941)
    • Flour and other grain mill products, sugar refining (NAICS 311211, 311311, 311313)
    • Animal feeds and pet foods (NAICS 311111, 311119, 311611)
    • Fats and oils (NAICS 31122)
    • Beer/malt beverages, wines, brandy, distilled and blended liquor; roasted coffee (NAICS 311920, 311942, 312120, 312130, 312140)
    • The following manufacturing listed under NAICS 311212, 311340:
    (1) Non-chocolate Confectionery Manufacturing
    (2) Rice Milling
    • Tobacco products (NAICS 3122)
    • Dying and finishing textiles, except wool fabrics and knot goods (NAICS 313210, 3133, 315192, 315191, 315111, 315119)
    • Coated fabrics, rubberized and not rubberized; canvas and related products (NAICS 313320, 314912, 315299, 315999, 326192, 326299, 339113, 339932)
    • Sawmills and planing mills, general (NAICS 321113, 321912, 321918, 321999)
    • Wood building and mobile (manufactured) homes (NAICS 321991, 321992)
    • Wood preserving; reconstituted wood products; pulp mills; paper mills; paperboard mills (NAICS 321114, 321219, 322110, 322121, 322122, 322130) Industrial inorganic chemicals; Plastic materials,
    synthetic resins and rubber; cellulosic and other man-made fibers, except glass (NAICS 3252, 32518, 325120, 325131)
    • Soaps, detergents and cleaning preparations; perfumes, cosmetics, and other toilet preparations (NAICS 3256)
    • Paints, varnishes, lacquers, enamels and allied products (NAICS 32551)
    • Industrial organic chemicals; agricultural chemicals (fertilizers, pesticides, etc.) (NAICS 32531, 32532)
    • Miscellaneous chemical products (all products listed under NAICS 32552, 32592, 32591, 325182, 325199, 311942, 325998, 325510) (e.g., adhesives, sealants, explosives, printing ink, carbon black, and other chemical and chemical preparations)
    • Lubricating oils and greases (NAICS 324191)
    • Products of petroleum and coal classified under NAICS 324199
    • Tires and inner tubes (NAICS 326211)
    • Plastic products found under NAICS 325 991, 326113, 326121, 326122, 326130, 326140, 326160, 326191, 326199, 337215, 326122, when resins are made at the same facility
    • Leather tanning and finishing (NAICS 316110)
    • Flat glass; glass and glassware; (NAICS 327211, 327212)
    • Cement, hydraulic (NAICS 327310)
    • Structural clay products (NAICS 32712, 327331)
    • Pottery and related products (NAICS 32711) except handmade pottery and arts and crafts operations involving no more than one-thousand
    (1,000) cubic feet of kiln space
    • Concrete gypsum and plastic products; cut stone and stone products
    (NAICS 32733, 32739, 32732, 327410, 327420, 327991)
    • Abrasive products; asbestos products; mineral wool; (NAICS 327910, 327993, 327999, 332999, 336340)
    • Minerals and earth, ground or otherwise treated (NAICS 212324, 212325, 212393, 212399, 327992)
    • Non-clay refractories (NAICS 327125)
    • Miscellaneous nonmetallic mineral products listed under NAICS 327112, 327999, 327420
    • Steel works, blast furnaces, and rolling and finishing mills; iron and steel foundries; primary and secondary smelting and refining of nonferrous metals; rolling, drawing and extruding of nonferrous metals; nonferrous foundries;
    (NAICS 324199, 331111, 331112, 331221, 332618, 3312, 3315, 3314, 3313)
    • Metal heat treating; metal forging-iron, steel and nonferrous; coating and engraving of metals and allied services (NAICS 3321, 33281, 339911, 339912, 339914) Manufacture of other primary metal products listed
    under NAICS 331314, 331423, 331492, 332813, 331221, 332618
    • Manufacture of ordnance (arms, ammunition, etc.) and accessories except vehicles and guided missiles (NAICS 33299)
    • Power, distribution and specialty transformers (NAICS 335311)
    • Electrical industrial carbon and graphic products (NAICS 335991)
    • Storage batteries; primary batteries, dry and wet (NAICS 335911, 335912)
    • Motor vehicles; truck, bus and passenger car bodies; truck trailers; motor homes; (NAICS 3361, 3362, 336510, 333911, 336991)
    • Aircraft; guided missiles and space vehicles and parts
    (NAICS 33641, 54171)
    • Under NAICS 336214 – camping trailers
    • (Military) tanks (and related armored vehicles) (NAICS 336992) but not tank components
    • Under NAICS 325992, 333315 – all photographic supplies but not photographic equipment
    • Under NAICS 325998, 339942 all inks, paints, oils, enamels, and crayons
    • Carbon paper and inked ribbons (NAICS 339944)
    • Linoleum, asphalt – felt-base, and other hard surface floor covering listed under NAICS 326192
    • Meat packing plants and poultry dressing plants (NAICS 311611, 311615, 311999)
    • Processing and packing of canned, cured, fresh, or frozen fish and seafood (NAICS 311711, 311712)
    • Petroleum refining (NAICS 32411)
    • Asphalt paving and roofing materials (NAICS 32412)
    • Mining (NAICS 221, 212, 213)
  • A commercial facility containing moorings and boat slips available for use by the general public and which may also offer supply and repair services.
  • A home licensed to provide care for pregnant females as well as provide space for live-in house parents.
  • A place used for training reserve military personnel and where military arms and military equipment may be stored.
  • A structure containing separate storage spaces of varying sizes leased or rented on an individual basis. No outdoor storage shall be allowed in conjunction with the facility with the following exceptions: boats, cars; motorcycles; trailers; motor homes, pickup trucks and similar-type and size vehicles. All such areas devoted for outdoor storage shall be in areas so designated for such storage. Use of the leased storage spaces shall be for storage purposes only.
  • A permanent building intended for ultimate use as a residential dwelling unit that is typical of the dwellings in the residential development where it is located and which is temporarily used by the builder for the purpose of display and sales associated with residential property where the builder has other homes for sale in the same development or subdivision.
  • A dwelling unit constructed in accordance with the standards set forth in the North Carolina Building Code (Uniform Residential Code for One and Two-Family Dwellings) and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. A “modular home”, as herein defined, shall be deemed to be a single-family dwelling for purposes of this Ordinance.
  • An establishment providing transient accommodations containing six (6) or more rooms with at least twenty-five (25) percent of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.
  • A tract of land under individual, corporate, firm, partnership or association ownership, or under common control evidenced by duly recorded contracts or agreements; planned and developed as an integral unit in a single development operation or in a definitely programmed series of development operations. Such development shall consist of two (2) or more duplex buildings, or three (3) or more dwelling units sharing one or more common walls. The development shall have a unified or coordinated design of buildings and a coordinated organization of service areas and common open space area.
  • A structure that serves as a repository for a collection of curiosities or objects of interest or works of art intended to be viewed by members of the public with or without admission costs. It may include an accessory use with the sale of goods/gifts to the public and/or an eating establishment for visitors and employees.
  • Any use, building, structure, lot, or sign that was lawful at the time it was constructed or established but which fails to comply with one or more of the applicable regulations
    or standards of this Ordinance.
  • Materials that are primarily composed of yard trimmings, wood waste, dead trees, and other dead vegetation, Christmas trees, wood pallets, land clearing debris, and other similar materials.
  • Circuses, fairs, carnivals, festivals and other types of outdoor events that run on a temporary basis and are intended to or are likely to attract substantial crowds.
  • A business that sells used merchandise (other than automobiles, trucks, boats, motorcycles, manufactured homes or recreational vehicles) and stores or displays this merchandise outdoors on a regular basis.
  • A small self-contained sewage treatment facility built to serve developed areas that lie beyond the service area of sanitary sewers.
  • That portion of a building wall or false front that extends above the roofline.
  • A document issued by the Administrator that is required before commencing any construction, reconstruction, alteration, conversion or installation of a building or structure or before establishing, extending or changing any use on any lot.
  • A business involved in the bulk sale of gasoline, methanol, liquid propane, kerosene, aviation fuels, fuel oil, diesel oils, and similar petroleum products. Such products are purchased from petroleum terminals and are sold to customers or consumers at either the wholesale or retail level. In no instance shall an “automobile service station,” or
    “convenience store,” or “mini-mart” be considered a
    “petroleum distribution facility.”
  • A development planned and developed as an integral unit consisting of one or more residential-unit types (as permitted in the underlying general zoning district) and conforming to all applicable lot and bulk regulations.
  • A development containing a minimum of ten (10) acres that is planned and developed as an integral unit containing one (1) or more commercial, institutional or manufacturing uses. A planned unit development (PUD) differs from a planned residential development (PRD) in that whereas a PRD always contains residential dwelling units, a PUD may or may not contain dwelling units.
  • A map or plan of a parcel of land that is to be or has been subdivided showing such subdivision. A plat for a subdivision occurring after the effective date of this Ordinance shall be recorded with the Gaston County Register of Deeds office and shall contain all information herein required.
  • A commercial establishment that leases delivers and services portable chemical toilets and which has a valid permit to discharge effluent into a public sanitary sewer system.
  • A parcel of real property with a separate and distinct number or designation shown on a recorded plat, record of survey, parcel map or subdivision map. When a lot is used together with one (1) or more contiguous lots for a single use or planned development, all of the lots so used, including any lots used for off-street parking shall be considered single premises for purposes of these regulations.
  • Meetings to provide an opportunity for area residents and developers to meet, review and discuss proposed develop plans. These meetings are required to be held at a minimum of two (2) locations (on-site and off-site at a local meeting facility)
  • A facility operated by a public agency, a private contractor thereof, or by a private nonprofit volunteer organization and used for the base of operations and/or housing of equipment or personnel for the provision of dispatched public safety services including law enforcement, fire protection, rescue services, and/or emergency medical services. Such a facility may contain living quarters for on-duty personnel. Facilities for the maintenance of equipment housed at the operation site are also permitted.
  • Public or non-profit health or exercise clubs, tennis or other racquetball courts, swimming pools, YMCA’s, YWCA’s or similar uses which constitute principal uses and are operated on a fee or membership basis. Accessory uses to such facilities may include: snack bars, pro shops, and locker rooms, each of which is designed and intended primarily for the use of patrons of the recreation and sports center.
    It may be designed to accommodate multiple sporting events simultaneously; the facility may have a performance court gymnasium with bleacher seating for up to 1,500 spectators and a field house with track. The inside track area may have infield courts, facilitating basketball, volleyball, tennis or badminton.
  • A recycling station facility which does not constitute the principal use on the lot upon which it is located and at which household goods are deposited for recycling purposes and which are later transferred to a recycling processing facility or deposit station. Such facilities may or may not be manned and may be located either outdoors or within a principal building. If accessory to a principal residential use, it shall be available for use only by the residents thereof.
  • A structure or closable bin at which newspapers, aluminum cans, plastics products, glass, corrugated paper or backyard waste (i.e., grass cuttings, tree limbs, etc.) are deposited for the purpose of being recycled. All such goods shall be housed at all times within the structure. The outdoor storage of all goods to be recycled shall be prohibited.
  • A building or enclosed space used for the collection and processing of recyclable materials that have been deposited on-site by the public or collected from various recycling deposit station sites.
  • Any public, private or parochial institution offering instruction at the elementary or junior high school levels in the branches of learning and study required to be taught in the public schools of North Carolina.
  • Any public, private or parochial institution offering instruction at the high school level in the branches of learning and study required to be taught in the public schools of North Carolina.
  • A secondary or higher education facility primarily teaching usable skills that prepares students, who may be of all age groups, for jobs in a specific trade or vocation upon graduation. Examples of vocational schools include schools that teach: auto mechanics, secretarial studies, machine repair, computer technology, etc.
  • A school where classes in the various arts (e.g., dance, painting, sculpting, singing) are taught. As differentiated from a “vocational school”, such schools are usually attended by persons of all ages where professional placement after graduation is not of significant importance. Such classes shall not be given by or to persons who are nude, or who otherwise are clothed in such manner so as to classify the use as an “adult establishment” as defined in NCGS 14- 202.10.
  • A minimum distance specified for the various zoning districts measured inward from a property line or a road right-of-way, whichever is closer to the proposed structure, that shall remain unoccupied and unobstructed upward except as may be permitted elsewhere in this Ordinance.
  • That portion of the front yard that shall remain unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this Ordinance.
  • That portion of the rear yard that shall remain unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this Ordinance.
  • That portion of the side yard that shall remain unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this Ordinance.
  • Any package treatment plant or other sewage treatment facility serving two (2) or more sources not connected to individual or public systems and having a design capaTown or greater than three-thousand (3,000) gallons daily and/or a discharge to surface water, as permitted by the State of North Carolina. In addition, this definition shall include all connections to such a system.
  • A group of two (2) of more retail establishments constructed and developed in one (1) or more phases with customer and employee parking and merchandise and other loading facilities provided on-site. A shopping center may be located and developed on one (1) or more lots, may contain one (1) or more out parcels, and may include one (1) or more principal buildings.
  • An ornamental plant that is at least two (2) feet tall above the highest root at the time of planting which can be expected to grow to a height of five to six (5-6) feet within a three (3) year period after planting. If large shrubs are to be planted as part of a required Type D, Option 3 Screen, such shrubs will be limited to the following varieties:
    1. Nelly R. Stevens Holly
    2. Burford Holly
    3. Wax Myrtle
    4. East Palatka Holly
    5. Savannah Holly
    6. Tea Olives
    7. Eleagnus
    8. Ligustrums
    9. Japanese Black Pines
    10. Junipers
    11. Any other variety of shrub, approved by the administrator, which has the capaTown to provide an equivalent amount of growth and opaTown.
  • The horizontal and vertical areas at the intersections of streets and/or driveways which must remain unobstructed, in order to ensure that drivers can see traffic and pedestrians around the corner of the intersection, entrance or driveway.
  • A dimensioned presentation of the proposed development of a specified parcel of land that reflects thereon the location of buildings, easements, parking arrangements, public access, street pattern and other similar features.
  • A building or temporary outdoor space that contains a surface for ice skating or roller skating.
  • A Sketch Plan is the initial plan type required for subdivision / other residential projects. Sketch plans do not require engineering detail and are ‘early first drafts of proposed developments’ that, by their review, enable the applicant to save time and expense in reaching general agreement and consensus with the county as to the design, size, access, layout, extent, location and degree of the necessary and/or proposed improvements in conjunction with a proposed development.
  • Degree of deviation of a surface from the horizontal that
    is measured as a numerical ratio or percent. Expressed as a ratio, the first number is the horizontal distance (run) and the second is the vertical distance (rise), e.g., 2:1. Slope can also be expressed as the rise over the run when used in building applications when referencing roof pitches, e.g., 6:12.
  • A fixed facility where non-hazardous solid waste materials are taken from a collection vehicle, temporarily stored or stockpiled, and ultimately placed in a transportation unit for movement to another facility.
  • Any organized event, specifically including, but not limited to, a circus, carnival, cultural event, fair, communal camping, or celebration, which may reasonably be expected to increase the risk of: (i) Damage to public or private property, beyond normal wear and tear; (ii) Injury to persons; (iii) Public or private disturbances or nuisances;(iv) Unsafe impediments or distractions to, or congestion of, vehicular or pedestrian travel;
    (v) Significant additional police, fire, trash removal, maintenance, or other public services demands; or (vi) Other significant adverse effects upon the public health, safety, or welfare. The term “special event” shall not include any organized activities conducted at sites and facilities that are legal uses and structures under this Ordinance and that are typically intended and used for such activities. Examples of such activities include, but are not necessarily limited to, sporting events such as 10K runs not held on public rights-of way, golf, soccer, softball, and baseball tournaments conducted on courses or fields intended and used for such activities; wedding services conducted at reception halls; funeral services; religious services; or noncommercial Activities occurring within, or upon the grounds of, a private residence or upon the common areas of a multi-family residential development.
  • A permit, issued by the Board of Adjustment that would allow the property owner to develop or make use of his/her property with prescribed minor deviations to the terms of this Ordinance.
  • A roadway that, while providing access to abutting land parcels, enables moderate volumes of traffic to move efficiently between local streets and the major street network.
  • A combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water.
  • A structure separate and subordinate to the principal structure located on the same lot as the principal structure used for purposes customarily incidental to the principal structure. An accessory structure may also be referred to as an “accessory building.”
  • A structure having no party wall or common wall or other physical attachment or connection with another structure.
  • A subdivision where (i) new streets (public or private) are proposed, or (ii) where more than five (5) lots will result after
    the subdivision is completed, or (iii)where extension of any sewer or water system is required.
  • A Major Subdivision consisting up to two hundred fifty (250) lots.
  • A Major Subdivision consisting of more than two hundred fifty (250) lots.
  • A subdivision where (i) no new streets (public or private) are proposed; and (ii) where no more than five (5) will result after the subdivision is completed and (iii) where no extension of any sewer or water system is required.
  • An establishment whose principal business activity is (i) placing ink under the skin using needles that result in the coloration of the skin or (ii) for piercing of the body.
  • A committee appointed by the governing board to review and recommend plats in a manner as specified in this Ordinance.
  • A mechanism for creating a visual ending point for a road or street. Such mechanisms may include, but are not limited to: public buildings (church, school, community center, Town hall), common amenities or open space area (park, playground, gazebo, etc.).
  • A road so designated on the most recently adopted version of the thoroughfare plan of the Gaston Metropolitan Planning Organization (MPO) or another officially adopted plan.
  • The most recently adopted version of the thoroughfare plan of the metropolitan planning organization of the Gaston Urban Area and / or Lake Norman Rural Planning Organization.
  • A telecommunications facility that consists of the equipment and structure(s) (including any accessory structures required to house transmitting or maintenance equipment) designed to support antennae used for transmitting or receiving communications, including wireless communications, and data transmissions. Towers or similar structures installed on or attached to tops of buildings, water tanks, or similar facilities, shall be included in this definition. This definition also includes accessory buildings and related equipment required for the telecommunication facility. This definition does not include ham radio operations, radio broadcast towers, or television broadcast towers, or personal satellite dishes. Examples of telecommunications towers and facilities include monopoles and lattice construction steel structures.
  • A parcel or tract respectively, lawfully in existence on the effective date of January 9, 1992, from which lots are subdivided from and created.
  • A development that exhibits several of the following characteristics: alleys, streets laid out in a grid system, buildings oriented to the street, front porches on houses, pedestrian-orientation, compatible, mixed land uses, village centers and open space.
  • A report produced by a qualified professional (i.e. Transportation Engineer, Transportation Planner, Traffic
    Engineer, etc.), in association with subdivision plat approval that, at a minimum, address the following items in relationship to the proposed subdivision:
    a. An estimation of traffic generated;
    b. An estimation of trip distribution to and from the development;
    c. An analysis of the existing road system serving the development (to the nearest major intersections) and the effect of the development on that system;
    d. A listing of proposed improvements, both on and off-site, and their effect on the existing system.
  • A tree, either single or multi-stemmed (i.e., in clump form) that has a height of at least ten (10) feet and is of a species which, at maturity, can be expected to reach a height in excess of forty (40) feet under normal growing conditions in the local climate. If the tree is single-stemmed, it shall have a caliper of at least one (1) inch at the time of planting.
  • A relaxation of the strict terms of a specific provision of this Ordinance as approved by the Board of Adjustment.
  • A truck of any type used or maintained primarily to transport material or to operate a power attachment or tool. Any vehicle with advertising or business designation affixed to it shall be considered a commercial vehicle, except for passenger vehicles having such affixations.
  • A vehicle that for a continuous period of more than seventy- two (72) hours has been in a state of disrepair and is incapable of being moved under its own power.
  • Per NCGS 160A-303, a motor vehicle that does not display a lawful and valid license plate and:
    (i) is partially dismantled or wrecked; or,
    (ii) cannot be self-propelled or moved in the manner in which it was originally intended to move; or,
    (iii) is more than five (5) years old and appears to be worth less than one hundred (100) dollars.
  • Any water system defined as such by the North Carolina Division of Health Services that complies with the regulations of the North Carolina Division of Health Services and the community water supply and distribution standards adopted by Town of McAdenville.
  • Any personal wireless service, including but not limited to: cellular; personal communication services (PCS); specialized mobile radio (SMR); enhanced specialized mobile radio (ESMR); and, unlicensed spectrum services utilizing devices described in Part 15 of the FCC rules and regulations (e.g., wireless internet services and paging).
  • An area measured between the edge of the public street right- of-way line, and the front of a building, projected to the side lot lines. On corner lots, the property owner shall determine the location of the front yard where no principal structure is located. If a principal structure is located on such a lot, the front yard shall be based on the architectural orientation of the house. On a water front lot, where an accessory structure is to be located on the same lot with a principal structure in which the architectural front faces the water, and the rear yard has been determined to abut the street or road right-of-way, then the required rear yard setback for an accessory structure shall be greater or equal to the required front yard setback for principal structures in the underlying zoning district. In addition, the side yard setbacks for accessory structures shall comply with the required side yard setbacks for principal structures. On lots where it is determined the front yard abuts the street or highway right-of-way, section 9.9 for accessory structures shall apply.
    On through lots, the required rear yard setback for accessory structures shall equal or exceed the required front yard setback for principal structures which would normally be applied in that zoning district. For example, if a through lot were located in a zoning district which normally required a thirty (30) foot front yard setback, then required rear yard setback for the accessory structure shall be thirty (30) feet. The front yard shall be based on the front architectural orientation of the principal building. In addition, side yard setbacks for accessory structures locating in the rear yard on through lots shall be allowed within five (5) feet of any side lot line.
  • A yard extending the full width of the lot on which a principal building is located and situated between the rear lot line and a line parallel thereto and passing through the point of the principal building nearest the rear lot line.
  • The sale or offering for sale to the general public of over five (5) items of personal property on any portion of a lot in a residential zoning district, whether within or outside any building. This may also be referred to as a “garage sale”, “carport sale”, or “rummage sale.”
  • Commercial zoning districts which include the Central Business District (CBD), Urban Mixed Use (UMU), Light Commercial (C-1), Highway Commercial (C-2), and General Commercial (C-3) districts, Neighborhood Business Service (NBS), Garden Parkway Interchange (GPX).
  • A zoning district that is enacted at the request of the property owner and what is approved in a legislative manner by the governing board. Fair and reasonable conditions not otherwise spelled out in the Ordinance may be attached to such approval. Both the applicant and the governing board shall mutually agree upon such conditions prior to the adoption of such a zoning district.
  • A zoning district that bears the same designation as a general zoning district but is subject to additional conditions that are contained in a conditional use permit. This type of rezoning is appropriate where the regulations of the general zoning district are not adequate to mitigate the potential adverse impacts of a proposed development. The approval of such zoning and issuance of a conditional use permit may only be made after the governing board holds a quasi-judicial public hearing. Only the property owner shall initiate any such zoning district. This zoning district may also be referred to as a “CUD Zoning District.”
  • Industrial zoning districts which include Light Industrial (I-1), General Industrial (I-2), Exclusive Industrial (I-3), and Urban Industrial (IU) districts.
  • Office zoning districts which include Transitional Mixed Use (TMU), Office/Light Commercial (OLC), Office (O-1) and the Medical Office (OM) districts.
  • A zoning district established under this Ordinance that prescribes special regulations to be applied to a site in combination with the underlying or base district.
  • Residential zoning districts which include, Single Family Limited (R-1), Single Family Moderate (R-2), Single Family General (R-3), Single Family 20,000sqft (RS-20), Single Family 12,000sqft (RS-12), Single Family 8,000sqft (RS-8), Low Density (RLD) and Multi-Family (RMF).
  • An overlay district that prescribes certain design and performance standards on new developments, other than single- and two-family dwellings, in designated urban and urbanizing areas of the planning jurisdiction.
  • An area, building or structure that contains animals on exhibition for viewing by the public. A petting zoo located on the premises of a “botanical garden”, as herein defined, shall not be classified as a “zoo.” Rather, this shall be considered as an accessory use to the “botanical garden.”