North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 29 - MENTAL HEALTH, OTHER RULES › Subchapter C - BUTNER ORDINANCES › Section .0100 - PURPOSE AND APPLICATION › Section 29C .0101 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except where
				  specifically defined in this Subchapter, all words used in this Subchapter
				  shall carry their customary meanings. Words used in the present tense include
				  the future tense; the singular number includes the plural; the word building
				  includes the word structure; the word lot includes the word plot or parcel; the
				  term shall is always mandatory; 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".
(b) The following words and terms shall have
				  the following indicated definitions when used in this Subchapter:
(1) accessory use--a use customarily
				  incidental and subordinate to the principal use or building and located on the
				  same lot with such principal use or building;
(2) alley--a public way which affords only a
				  secondary means of access to abutting property and not intended for general
				  traffic circulation;
(3) apartment
				  house--see dwelling, multiple;
(4)
				  billboard--any notice or advertisement, pictorial or otherwise, with an area of
				  300 or more square feet, and also all those used as an outdoor display for the
				  purpose of making anything known, the origin or place of sale of which is not
				  on the plot with such display; Advertising structures of smaller dimension
				  shall be considered as signs;
(5)
				  boarding, rooming or tourist home--a building where, for compensation, lodging
				  or meals are provided for not more than seven persons;
(6) building--any structure enclosed and
				  isolated by exterior walls constructed or used for residence, business,
				  industry or other public or private purposes, or accessory thereto, and
				  including tents, lunch wagons, dining cars, trailers, free-standing billboards
				  and signs, and similar structures whether stationary or movable;
(7) building accessory--a subordinate
				  building, the use of which is incidental to that of a principal building on the
				  same plot;
(8) building
				  principal--a building in which is conducted the principal use of the plot on
				  which it is situated;
(9) building
				  line--a line establishing the minimum allowable distance between the nearest
				  portion of any building, excluding the outermost three feet of any uncovered
				  porches, steps, gutters and similar fixtures, and the property line when
				  measured perpendicularly thereto;
(10) building, height of--the vertical
				  distance measured from the grade to the highest point of the coping of a flat
				  roof; to the deck line of a mansard roof; or to the mean height level between
				  the eaves and ridge of a gable, hip or gambrel roof;
(11) day nursery or kindergarten--any agency,
				  organization or individual providing day time care of six or more children not
				  related by blood or not the legal wards or foster children of the attendant
				  adult;
(12) district--any land area
				  within Butner in which zoning regulations are uniform;
(13) dwelling--any building, or portion
				  thereof, which is designed for living and sleeping purposes; The term dwelling
				  shall not be deemed to include a motel, hotel, tourist home, mobile home or
				  other similar structure;
(14)
				  dwelling, single-family--a building arranged or designed to be occupied by one
				  family, the structure having only one dwelling unit;
(15) dwelling, two-family or duplex--a
				  building arranged or designed to be occupied by two families, the structure
				  having only two dwelling units;
(16) dwelling, multiple-family or
				  apartment--a building arranged or designed to be occupied by three or more
				  families;
(17) family--one or more
				  persons occupying a single dwelling unit, provided that unless all members are
				  related by blood, legal adoption, or marriage, no such family shall contain
				  over five persons, but further provided that domestic servants employed on the
				  premises may be housed on the premises without being counted as a family or
				  families;
(18) home occupation--an
				  occupation customarily conducted for profit within a dwelling and carried on by
				  the occupant thereof, which use is clearly secondary to the use of the dwelling
				  for residential purposes;
(19)
				  hotel--a building used as an abiding place of more than seven persons who for
				  compensation are lodged with or without meals and in which no provision is made
				  for cooking in any individual room or suite;
(20) junk yard or scrap metal yard--any land
				  or area used, in whole or in part, for commercial storage or sale of waste
				  paper, rags, scrap metal or other junk and including storage of motor vehicles
				  and dismantling of such vehicles or machinery;
(21) lot--a parcel of land occupied or to be
				  occupied by a main building or group of main buildings and accessory buildings,
				  together with such yards, open spaces, lot width and lot area as are required
				  by this ordinance, and having not less than the minimum required frontage upon
				  a street, either shown on a plot of record, or considered as a unit of property
				  and described by metes and bounds;
(22) lot, depth of--the average horizontal
				  distance between front and rear lot lines measured through the proposed
				  building site;
(23) lot width--the
				  average horizontal distance between side lot lines measured at proposed
				  building site;
(24) mobile
				  home--any vehicular relocatable structure, built on a chassis, designed as a
				  dwelling and containing as an integral part of its construction, kitchen
				  facilities and a flush toilet, lavatory, bathtub or shower; Any such unit shall
				  be considered a mobile home whether or not the wheels have been removed and
				  whether or not set on jacks, skirtings, masonry blocks or other temporary or
				  permanent foundation;
(25) mobile
				  home park--any site or tract of land upon which two or more mobile homes
				  occupied for dwelling or sleeping purposes are located;
(26) motel or motor lodges--a building or a
				  group of buildings containing sleeping rooms, designed for or used temporarily
				  by automobile transients, with garage or parking space conveniently located to
				  each unit;
(27) parking space,
				  off-street--the storage space for one automobile of not less than 8 feet by 20
				  feet, plus the necessary access space; It shall always be located outside the
				  dedicated street right-of-way;
(28)
				  nonconforming use--a legal use of a building or of land that antedates the
				  adoption of these regulations and does not conform to the regulations for the
				  zoning district in which it is located;
(29) nonconforming building--any building or
				  structure which does not conform to the dimensional requirements of this
				  ordinance for the zoning district in which it is located, either at the
				  effective date of this ordinance or as a result of subsequent
				  amendments;
(30) open space--land
				  area that is unobstructed by buildings and unoccupied except for landscaping
				  and planting;
(31) rooming
				  house--see boarding, rooming or tourist home;
(32) service station--any building or land
				  used for the dispensing, sale, or offering for sale at retail of any automobile
				  fuels, lubricants, or tires, except that indoor car washing, minor motor
				  adjustment, and flat tire repair are only performed incidental to the conduct
				  of the service station;
(33)
				  shelter, fallout--a structure usually underground intended to provide
				  protection to human life during periods of danger to human life from nuclear
				  fallout, air raids or storms;
(34)
				  sign--a structure or display used as an advertisement or notice with an area of
				  less than 300 square feet, containing words, lettering, figures, emblems or
				  trademarks designed to attract attention or convey a message;
(35) sign area--that area measured by the
				  smallest square, rectangle, triangle, circle or combination thereof,
				  encompassing the entire advertising copy area on any sides including
				  architectural trim and structural embellishments;
(36) story--that portion of a building, other
				  than the basement, included between the surface of any floor and the surface
				  floor next above it; or, if there be no floor above it, the space between the
				  floor and the ceiling next above it;
(37) story, half--a space under a sloping
				  roof, which has the line of intersection of roof decking and wall face not more
				  than three feet above the top floor level, and in which space not more than
				  two-thirds of the floor area is finished off for use;
(38) street--a public thoroughfare which
				  affords principal means of access to abutting property;
(39) street line--the dividing line between a
				  street or road right-of-way and the contiguous private property;
(40) structures--anything constructed or
				  erected, the use of which requires permanent location on the ground, or
				  attachment to something having a permanent location on the ground, including
				  accessory buildings, shelters, advertising signs, and billboards;
(41) tourist home--see boarding, rooming or
				  tourist home;
(42) yard, front--an
				  open space on the same lot with a building, between the front line of the
				  building (exclusive of steps) and the front property or street right-of-way
				  line and extending across the full width of the lot;
(43) yard, rear--an open space between the
				  rear line of the principal building (exclusive of steps) and the rear line of
				  the lot and extending the full width of the lot and may be used for accessory
				  buildings;
(44) yard, side--an
				  open, unoccupied space on the same lot with a building between the side line of
				  the building (exclusive of steps) and the side line of the lot and extending
				  from the front yard line to the rear yard line.