<div class="chunk-title">Sec. 11.2 - Definitions.</div>
<div class="chunk-content">
            <p class="bc0">
               <span class="bold">A</span>
               </p>
            <p class="b0">
               <span class="bold">Abandonment.</span> The relinquishment of property, or cessation of the use of property, by the owner
               or lessee without any intention of transferring rights to the property to another
               owner or of resuming the use of the property.
               </p>
            <p class="b0">
               <span class="bold">Accessory Dwelling.</span> See dwelling, accessory.
               </p>
            <p class="b0">
               <span class="bold">Accessory Equipment.</span> Any equipment serving or being used in conjunction with a wireless communication
               facility or wireless support structure. The term includes utility or transmission
               equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets
               and storage sheds, shelters or similar structures.
               </p>
            <p class="b0">
               <span class="bold">Addition.</span> An extension or increase in the floor area or height of an existing building or structure.
               </p>
            <p class="b0">
               <span class="bold">Administrative Adjustment.</span> A review mechanism that provides relief where the strict application of the Ordinance
               creates practical difficulties in allowing development.
               </p>
            <p class="b0">
               <span class="bold">Administrative Agency.</span> The administrative agency responsible for enforcement of this Ordinance is Jackson
               County or the appropriate County department charged with administration of this Ordinance.
               </p>
            <p class="b0">
               <span class="bold">Administrative Approval.</span> Approval that the planning department is authorized to grant after administrative
               review.
               </p>
            <p class="b0">
               <span class="bold">Administrative Review.</span> A non-discretionary evaluation of an application by the planning department. This
               process is not subject to a public hearing. The procedure for administrative review
               is set forth in Section 3.7.3 of this Ordinance.
               </p>
            <p class="b0">
               <span class="bold">Adult Bookstore.</span> An establishment that receives a majority of its gross income during any calendar
               month from the sale of publications including books, magazines, videotapes, other
               periodicals, electronic, magnetic, digital, or other imaging medium that are distinguished
               or characterized by their emphasis on matter depicting, describing, or relating to
               specified sexual activities or specified anatomical areas, as defined in this section
               and in G.S. 14-202.10(10) and G.S. 14-202.10(11) and/or merchandise that are "sexually
               oriented devices," as defined in G.S. 14-202.10(9); or an establishment having as
               a preponderance of its publications, books, magazines, videotapes, other periodicals,
               electronic, magnetic, digital, or other imaging medium that are distinguished or characterized
               by their emphasis on matter depicting, describing, or relating to specified sexual
               activities or specified anatomical areas, as defined in this section and in G.S. 14-202.10(10)
               and G.S. 14-202.10(11).
               </p>
            <p class="b0">
               <span class="bold">Adult Cabaret.</span> A nightclub, bar, restaurant, or similar commercial establishment that regularly
               features: Persons who appear in a state of nudity or semi-nude; or Live performances
               that are characterized by the exposure of specified anatomical areas or by specified
               sexual activities, as defined in this section and in G.S. 14-202.10(10) and G.S. 14-202.10(11);
               or Films, motion pictures, video cassettes, slides, electronic, magnetic, digital
               or other imaging medium that are distinguished or characterized by their emphasis
               on matter depicting, describing, or relating to specified sexual activities or specified
               anatomical areas, as defined in this section and in G.S. 14-202.10(10) and G.S. 14-202.10(11).
               </p>
            <p class="b0">
               <span class="bold">Adult Establishment.</span> An adult bookstore, adult cabaret, adult motel, adult motion picture theatre, adult
               mini motion picture theatre, adult live entertainment business, and/or massage business
               as defined in this section. Additionally, any structure or use of land which meets
               the definition of adult establishment as outlined in G.S. 14-202.10.
               </p>
            <p class="b0">
               <span class="bold">Adult Live Entertainment.</span> Any performance of or involving the actual presence of real people that exhibits
               specified sexual activities or specified anatomical areas, as defined in this section.
               </p>
            <p class="b0">
               <span class="bold">Adult Live Entertainment Business.</span> Any establishment or business wherein adult live entertainment is shown for observation
               by patrons.
               </p>
            <p class="b0">
               <span class="bold">Adult Mini Motion Picture Theatre.</span> An enclosed building with viewing booths designed to hold patrons that is used for
               presenting motion pictures, a preponderance of which are distinguished or characterized
               by an emphasis on matter depicting, describing or relating to specified sexual activities
               or specified anatomical areas as defined in this section, for observation by patrons
               therein.
               </p>
            <p class="b0">
               <span class="bold">Adult Motel.</span> A hotel, motel, or similar commercial establishment that: Offers accommodations to
               the public for any form of consideration; provides patrons with closed-circuit television
               transmission, films, motion pictures, video cassettes, slides, electronic, magnetic,
               digital, or other imaging medium that are distinguished or characterized by their
               emphasis on matter depicting, describing, or relating to specified sexual activities
               or specified anatomical areas, as defined in this section and in G.S. 14-202.10(10)
               and G.S. 14-202.10(11), other than transmission of broadcast media or generally available
               cable media; or has a sign visible from the public right-of-way that advertises the
               availability of this type of imaging medium; or offers a sleeping room for rent for
               a period of time that is less than ten hours; or allows a tenant or occupant of a
               sleeping room to sub-rent the room for a period of time that is less than ten hours.
               </p>
            <p class="b0">
               <span class="bold">Adult Motion Picture Theatre.</span> An enclosed building or premises used for presenting motion pictures, a preponderance
               of which are distinguished or characterized by an emphasis on matter depicting, describing,
               or relating to specified sexual activities or specified anatomical areas, as defined
               in this section, for observation by patrons therein. Adult motion picture theatre
               does not include any adult mini motion picture theatre as defined in this section.
               </p>
            <p class="b0">
               <span class="bold">Adult Uses.</span> An adult bookstore, adult cabaret, adult motel, adult motion picture theatre, adult
               mini motion picture theatre, adult live entertainment business, and/or adult massage
               business as defined in G.S. 14-202.10. Additionally, any structure or use of land
               which meets the definition of adult establishment as outlined in G.S. 14-202.10.
               </p>
            <p class="b0">
               <span class="bold">Adverse Impacts.</span> Adverse impacts pertaining to stormwater may be defined as: cumulative impacts of
               allowing small rises in flood elevation that accumulate into significant and hazardous
               changes, subjecting properties to greater flood risks; increased storm water velocities
               that worsen erosion, degradation, sedimentation, streambank failure, and new stream
               channel formation; Increased destructive potential as what were once manageable storms
               become major producers of flood damage and associated economic, social, and public
               health disruptions; and detrimental effects upon water quality or best usages, including
               a violation of water quality standards, caused by or contributed to by a discharge
               or loading of a pollutant or pollutants.
               </p>
            <p class="b0">
               <span class="bold">Affiliate.</span> A person that directly, or indirectly through one or more intermediaries, controls,
               is controlled by, or is under common control of another person.
               </p>
            <p class="b0">
               <span class="bold">Airport.</span> The Jackson County Airport.
               </p>
            <p class="b0">
               <span class="bold">Airport Elevation.</span> The Jackson County Airport elevation is 2,857 feet above mean sea level (msl).
               </p>
            <p class="b0">
               <span class="bold">Amortization.</span> The gradual elimination of nonconforming situations in junkyards within five years
               following the date of adoption of this Ordinance.
               </p>
            <p class="b0">
               <span class="bold">Antecedent Moisture Conditions (AMC).</span> The degree of wetness of a watershed at the beginning of a storm.
               </p>
            <p class="b0">
               <span class="bold">Antenna.</span> Communications equipment that transmits, receives, or transmits and receives electromagnetic
               radio signals used in the provision of all types of wireless communications services.
               </p>
            <p class="b0">
               <span class="bold">Appeal.</span> A request for a review of the Planning Director or Permitting and Code Enforcement
               Director for interpretation of any provision of this Ordinance.
               </p>
            <p class="b0">
               <span class="bold">Applicant.</span> The person(s), whether the person is financially responsible, who submits a formal
               application to the Planning Director or Permitting and Code Enforcement Director or
               designee thereof, for a permit to conduct an action under this Ordinance, or to initiate
               a procedure prescribed by this Ordinance. The term applicant shall include all partners,
               if the applicant is a partnership, and if the applicant is a corporation, shall include
               all corporate officers and directors. If the applicant is other than an individual,
               each individual who has a financial or other interest shall be considered an applicant.
               </p>
            <p class="b0">
               <span class="bold">Application.</span> The completed form or forms and all accompanying documents, exhibits, and fees required
               of an applicant by the applicable department, board, or commission for development
               review, approval, or permitting purposes.
               </p>
            <p class="b0">
               <span class="bold">Approach, Transitional, Horizontal, and Conical Zones.</span> These zones are set forth in Section 9.2 of this Ordinance.
               </p>
            <p class="b0">
               <span class="bold">Area of Shallow Flooding.</span> A designated zone AO on a community's flood insurance rate map (FIRM) with base flood
               depths determined to be from one to three feet. These areas are located where a clearly
               defined channel does not exist, where the path of flooding is unpredictable and indeterminate,
               and where velocity flow may be evident.
               </p>
            <p class="b0">
               <span class="bold">Asphalt Plant.</span> Includes establishments, with all related equipment, for the manufacture and production
               of asphalt and tar paving mixtures and blocks from purchased asphaltic materials (NAICS
               324121). Also included in this definition are establishments engaged in manufacturing
               asphalt and tar paving mixtures and blocks and roofing cements and coatings from purchased
               asphaltic materials and/or saturating purchased mats and felts with asphalt or tar
               (NAICS 32412 and 324122).
               </p>
            <p class="b0">
               <span class="bold">Assisted Living Facility.</span> Includes any group housing and services program for two of more unrelated adults,
               however named, which makes available, at a minimum, one meal a day and housekeeping
               services and provides personal care services directly or through a formal written
               agreement with one or more North Carolina licensed home care or hospice agencies.
               </p>
            <p class="b0">
               <span class="bold">Automotive Repair Shop.</span> An establishment which is maintained and operated for the purpose of making mechanical
               and/or body repairs to motor vehicles and which is not used to store more than 12
               motor vehicles that are not capable of being driven under their own power and are
               not being restored to operable condition, regardless of the length of time that individual
               motor vehicles are stored or kept at such property.
               </p>
            <p class="b0">
               <span class="bold">Automobile Service Station.</span> A business used for the sale of gasoline and other motor vehicle fuels and may provide
               for the minor care, repair, or maintenance of motor vehicles.
               </p>
            <p class="b0">
               <span class="bold">Automotive Storage Facility.</span> Includes establishments primarily intended for the short or long-term storage of
               wrecked or inoperative automobiles pending sale of the entire automobile. This definition
               does not include establishments where the storage of automobiles is ancillary to the
               repair of the automobiles stored, such as at a garage or repair shop.
               </p>
            <p class="b0">
               <span class="bold">Auxiliary Lane.</span> The portion of the roadway adjoining the traveled way for speed change, turning,
               storage for turning, weaving, truck climbing, or for other purposes.
               </p>
            <p class="bc0">
               <span class="bold">B</span>
               </p>
            <p class="b0">
               <span class="bold">Bag House.</span> A facility designed to contain fabric filter collectors and intended to regulate
               and control the emission of dust and other particulate matter.
               </p>
            <p class="b0">
               <span class="bold">Base Flood.</span> The flood having a one percent chance of being equaled or exceeded in any given year.
               </p>
            <p class="b0">
               <span class="bold">Base Flood Elevation (BFE).</span> A determination of the water surface elevations of the base flood as published in
               the flood insurance study. When the BFE has not been provided in a special flood hazard
               area, it may be obtained from engineering studies available from a federal, state,
               or other source using FEMA approved engineering methodologies. This elevation, when
               combined with the freeboard, establishes the regulatory flood protection elevation.
               </p>
            <p class="b0">
               <span class="bold">Base Flow.</span> Stream discharge derived from groundwater sources as differentiated from surface
               runoff. Sometimes considered to include flows from regulated lakes or reservoirs.
               </p>
            <p class="b0">
               <span class="bold">Base Station.</span> A station at a specific site authorized to communicate with mobile stations, generally
               consisting of radio transceivers, antennas, coaxial cables, power supplies and other
               associated electronics.
               </p>
            <p class="b0">
               <span class="bold">Basement.</span> Any area of the building having its floor subgrade (below ground level) on all sides.
               </p>
            <p class="b0">
               <span class="bold">Bearing Capacity.</span> The maximum load that a material can support before failing.
               </p>
            <p class="b0">
               <span class="bold">Bed and Breakfast (B&amp;B).</span> A transient lodging establishment, generally in a single-family dwelling or detached
               guesthouse, primarily engaged in providing overnight or otherwise temporary lodging
               for the general public.
               </p>
            <p class="b0">
               <span class="bold">Berm.</span> A narrow shelf or flat area that breaks the continuity of a slope.
               </p>
            <p class="b0">
               <span class="bold">Best Management Practice (BMP).</span> A structural or nonstructural management-based practice used singularly or in combination
               to reduce nonpoint source inputs to receiving waters in order to achieve water quality
               protection goals.
               </p>
            <p class="b0">
               <span class="bold">Blue Smoke.</span> A visible aerosol emission capable of traveling long distances before dissipating
               sufficiently to become invisible. These emissions are normally produced at a hot mix
               asphalt plant. Blue smoke may be generated by process emissions conducted to a single
               discharge point or fugitive emissions resulting from such activity as vehicular traffic
               and may transfer between plant components
               </p>
            <p class="b0">
               <span class="bold">Board of Adjustment (BOA).</span> An officially constituted body whose principal duties are to grant variances from
               the strict application of this Ordinance and to grant special uses and hear appeals
               as provided by law. For the purposes of this Ordinance, the name BOA may mean any
               appeal body (see Table 3.1: Development Review Procedures) other than the Superior
               Court.
               </p>
            <p class="b0">
               <span class="bold">Borrow.</span> Fill material which is required for on-site construction and is obtained from other
               locations.
               </p>
            <p class="b0">
               <span class="bold">Borrow Area.</span> A source of earth fill material used in the construction of embankments or other
               earth fill structures.
               </p>
            <p class="b0">
               <span class="bold">Broadband.</span> Another term for bandwidth, or the amount of data that can be sent through a connection
               to access high-speed internet.
               </p>
            <p class="b0">
               <span class="bold">Buffer.</span> An area of natural or planted vegetation or an area of such vegetation in combination
               with berms, fences, and/or walls serving as a separation between two areas or land
               uses; and, an area of natural or planted vegetation through which stormwater runoff
               flows in a diffuse manner so that the runoff does not become channelized and which
               provides for infiltration of the runoff and filtering of pollutants. The buffer is
               measured landward from the normal pool elevation of impounded structures and from
               the bank of each side of streams or rivers.
               </p>
            <p class="b0">
               <span class="bold">Buffer, Riparian.</span> See riparian buffer.
               </p>
            <p class="b0">
               <span class="bold">Buffer, Stormwater.</span> See stormwater buffer.
               </p>
            <p class="b0">
               <span class="bold">Buffer, Vegetative.</span> A continuous hedge or other planted area used to enclose, screen, or separate one
               use or lot from another.
               </p>
            <p class="b0">
               <span class="bold">Buffer Zone.</span> The strip of land adjacent to a lake or natural watercourse.
               </p>
            <p class="b0">
               <span class="bold">Bufferyard.</span> A yard containing materials used to provide sight and sound screening from adjoining
               properties and rights-of-way. The required height and width of the buffer yard and
               materials used in its construction vary according to use.
               </p>
            <p class="b0">
               <span class="bold">Building.</span> Any structure having a roof supported by columns or by walls, and intended for shelter,
               housing or enclosure of persons, animals, chattels, or property. The connection of
               two buildings by means of an open porch, breezeway, passageway, carport or other such
               open structure, with or without a roof, shall not be deemed to make them one building.
               The term building includes the term structure. The term building shall be construed
               as if followed by the terms "or part thereof." See structure.
               </p>
            <p class="b0">
               <span class="bold">Building and Grading Envelope (BGE).</span> The limits of disturbance affected by the establishment of a building and grounds.
               All buildings, walls, lawns, site amenities, and associated disturbance from construction
               activity shall be confined within this zone. The BGE may be sited in one mass or apportioned
               into several smaller compounds connected by walks or drives. Driveways are not included
               in the overall BGE but parking areas and garages are.
               </p>
            <p class="b0">
               <span class="bold">Building Footprint.</span> The area around a building measured from the width of the outer surface of the exterior
               multiplied by the length measured in the same manner.
               </p>
            <p class="b0">
               <span class="bold">Building Height.</span> See height, building.
               </p>
            <p class="b0">
               <span class="bold">Building Height Limitation.</span> The elevation above mean sea level (msl) above which no structure shall be permitted
               to be erected or constructed or allowed to grow.
               </p>
            <p class="b0">
               <span class="bold">Building Permit.</span> An official administrative authorization issued by Jackson County prior to beginning
               construction consistent with the provisions of G.S. 160D-1110.
               </p>
            <p class="b0">
               <span class="bold">Building, Elevated.</span> Anon-basement building which has its lowest elevated floor raised above ground level
               by foundation walls, shear walls, posts, piers, pilings, or columns.
               </p>
            <p class="b0">
               <span class="bold">Built-Upon Areas.</span> That portion of a development project that is covered by impervious or partially
               impervious cover including buildings, pavement, gravel areas (e.g. roads, parking
               lots, paths, etc.), recreation facilities (e.g. tennis courts), etc. (Note: Wooden
               slatted decks and the water areas of a swimming pool are considered pervious.)
               </p>
            <p class="bc0">
               <span class="bold">C</span>
               </p>
            <p class="b0">
               <span class="bold">Caliper.</span> Diameter measurement of tree-trunk taken at 6 inches above ground level (or 6 inches
               above the tree's root ball if the tree is unplanted) for trees up to and including
               trees 4 inches in caliper. For larger trees, measurement of caliper shall be taken
               at 12 inches above ground level.
               </p>
            <p class="b0">
               <span class="bold">Camouflage.</span> The use of any combination of materials or coloration that disguises wireless support
               structures or towers and antennas as something else (such as a tree).
               </p>
            <p class="b0">
               <span class="bold">Carrier on Wheels/Cell on Wheels (COW).</span> A portable self-contained wireless facility that can be moved to a location and set
               up to provide wireless services on a temporary or emergency basis. A COW is normally
               vehicle-mounted and contains a telescoping boom as the antenna support structure.
               </p>
            <p class="b0">
               <span class="bold">Cashiers Commercial Area.</span> The area indicated on the map entitled Cashiers Commercial Area as the portion of
               the Village of Cashiers subject to the development standards set forth herein.
               </p>
            <p class="b0">
               <span class="bold">Certified Local Government (CLG) Programs.</span> Programs approved by the US Department of the Interior in cooperation with the North
               Carolina Department of Cultural Resources through the State Historic Preservation
               Officer as having met the requirements of the National Historic Preservation Act of
               1966 as amended in 1980.
               </p>
            <p class="b0">
               <span class="bold">Change of Land Use.</span> Any proposed property use that is different from the current use of the property,
               or current use that is different than the use identified in a pre-existing driveway
               permit.
               </p>
            <p class="b0">
               <span class="bold">Channel.</span> A natural stream or excavated ditch that conveys water.
               </p>
            <p class="b0">
               <span class="bold">Channel Stabilization.</span> Protecting the sides and bed of a channel from erosion by controlling flow velocities
               and flow directions using jetties, drops or other structures and/or by lining the
               channel with a suitable liner such as vegetation, riprap, concrete or other similar
               material.
               </p>
            <p class="b0">
               <span class="bold">Channelization.</span> Alteration of a stream channel by widening, deepening, straightening, or paving certain
               areas to improve flow characteristics.
               </p>
            <p class="b0">
               <span class="bold">Chemical Storage Facility.</span> A building, portion of a building, or exterior area adjacent to a building used for
               the storage of any chemical or chemically reactive products.
               </p>
            <p class="b0">
               <span class="bold">Child Care Home.</span> A home for not more than nine orphaned, abandoned, dependent, abused or neglected
               children, together with not more than two adults who supervise such children, all
               of whom live together as a single housekeeping unit.
               </p>
            <p class="b0">
               <span class="bold">Child Care Institution.</span> An institutional facility housing more than nine orphaned, abandoned, dependent,
               abused or neglected children.
               </p>
            <p class="b0">
               <span class="bold">Church or Place of Religious Worship.</span> An institution that people regularly attend to participate in or hold religious services,
               meetings, and other activities. The term church shall not carry a secular connotation
               and shall include buildings in which the religious services of any denomination are
               held.
               </p>
            <p class="b0">
               <span class="bold">Civic Event.</span> An event held, organized, and/or sponsored by a governmental agency, an agency or
               organization funded by a local government, a recognized non-profit civic agency or
               organization, a religious organization, or similar agency or organization.
               </p>
            <p class="b0">
               <span class="bold">Cluster Development.</span> The grouping of buildings in order to conserve land resources and provide for innovation
               in the design of the project including minimizing stormwater runoff impacts. The term
               cluster development includes nonresidential development as well as single-family residential
               and multifamily developments.
               </p>
            <p class="b0">
               <span class="bold">Co-location.</span> The placement or installation of wireless communication facilities on existing structures,
               including electrical transmission towers, water towers, buildings and other structures
               capable of structurally supporting the attachment of wireless communication facilities
               in compliance with applicable codes.
               </p>
            <p class="b0">
               <span class="bold">Common Open Space.</span> Land or water, including parks, natural areas, playgrounds, trails, or recreational
               buildings and structures, which is an integral part of a development, not owned on
               an individual basis, for public use and enjoyment. Common open space areas in more
               urban developments may also include, but are not limited to, public plazas, fountains,
               and performance stages.
               </p>
            <p class="b0">
               <span class="bold">Communications.</span> The transmission and/or reception of audio, video, data, and other information by
               wire, radio frequency, light, and other electronic or electromagnetic systems.
               </p>
            <p class="b0">
               <span class="bold">Completion of Construction or Development.</span> No further land disturbing activity is required on a phase of a project except that
               which is necessary for establishing a permanent ground cover.
               </p>
            <p class="b0">
               <span class="bold">Compost.</span> Organic residue or a mixture of organic residues and soil, that has undergone biological
               decomposition until it has become relatively stable humus.
               </p>
            <p class="b0">
               <span class="bold">Conical Surface (Runway).</span> A surface extending outward and upward from the periphery of the horizontal surface
               at a slope of 20 to 1 for a horizontal distance of 4,000 feet.
               </p>
            <p class="b0">
               <span class="bold">Connectivity.</span> A term used to infer connections between adjoining properties for vehicular and/or
               pedestrian usage.
               </p>
            <p class="b0">
               <span class="bold">Conservation District.</span> A public organization created under state enabling law as a special-purpose district
               to develop and carry out a program of soil, water, and related resource conservation,
               use, and development within its boundaries, usually a subdivision of state government
               with a local governing body but with limited authorities. Often called a soil conservation
               district or a soil and water conservation district.
               </p>
            <p class="b0">
               <span class="bold">Construction.</span> Any new construction, reconstruction, alteration or expansion.
               </p>
            <p class="b0">
               <span class="bold">Construction, New.</span> Structures for which the start of construction commenced on or after the effective
               date of the initial floodplain management regulations and includes any subsequent
               improvements to such structures.
               </p>
            <p class="b0">
               <span class="bold">Construction, Start of.</span> Includes substantial improvement, and means the date the building permit was issued,
               provided the actual start of construction, repair, reconstruction, rehabilitation,
               addition placement, or other improvement was within 180 days of the permit date. The
               actual start means either the first placement of permanent construction of a structure
               on a site, such as the pouring of slab or footings, the installation of piles, the
               construction of columns, or any work beyond the stage of excavation; or the placement
               of a manufactured home on a foundation. Permanent construction does not include land
               preparation, such as clearing, grading, and filling; nor does it include the installation
               of streets and/or walkways; nor does it include excavation for a basement, footings,
               piers, or foundations or the erection of temporary forms; nor does it include the
               installation on the property of accessory buildings, such as garages or sheds not
               occupied as dwelling units or not part of the main structure. For a substantial improvement,
               the actual start of construction means the first alteration of any wall, ceiling,
               floor, or other structural part of the building, whether or not that alteration affects
               the external dimensions of the building.
               </p>
            <p class="b0">
               <span class="bold">Construction Waste.</span> Surplus materials resulting from on-site construction and disposed of at other locations.
               </p>
            <p class="b0">
               <span class="bold">Construction Waste Areas.</span> Areas used for the stockpiling or burial of surplus materials resulting from on-site
               construction and disposed of at other locations.
               </p>
            <p class="b0">
               <span class="bold">Contour.</span> An imaginary line on the surface of the earth connecting points of the same elevation.
               </p>
            <p class="b0">
               <span class="bold">Corner Clearance.</span> At an intersection of two streets, the distance measured from the edge of pavement
               curb line or the intersection of the right-of-way lines to the beginning of outside
               driveway radius.
               </p>
            <p class="b0">
               <span class="bold">County.</span> Jackson County, North Carolina.
               </p>
            <p class="b0">
               <span class="bold">County Commissioners.</span> The Board of Commissioners of the County of Jackson, North Carolina.
               </p>
            <p class="b0">
               <span class="bold">Crest.</span> The uppermost line of a mountain or chain of mountains from which the land falls
               away on at least two sides to lower elevation or elevations.
               </p>
            <p class="b0">
               <span class="bold">Critical Area.</span> The area adjacent to a water supply intake or reservoir where risk associated with
               pollution is greater than from the remaining portions of the watershed. The critical
               area is defined as extending either one-half mile from the normal pool elevation of
               the reservoir in which the intake is located or to the ridge line of the watershed
               (whichever comes first); or one-half mile upstream from the intake located directly
               in the stream or river (run-of-the-river), or the ridge line of the watershed (whichever
               comes first). Local governments may extend the critical area as needed. Major landmarks
               such as highways or property lines may be used to delineate the outer boundary of
               the critical area if these landmarks are immediately adjacent to the appropriate outer
               boundary of one-half mile.
               </p>
            <p class="b0">
               <span class="bold">Cross Access.</span> A service drive providing vehicular access between two or more continuous properties
               so that the driver need not enter the public street system to travel between adjacent
               uses.
               </p>
            <p class="b0">
               <span class="bold">Cryptocurrency Mining.</span> The operation of specialized computer equipment for the primary purpose of mining
               one or more blockchain based cryptocurrencies such as Bitcoin. This activity typically
               involves the solving of algorithms as part of the development and maintenance of a
               blockchain which is a type of distributed ledger maintained on a peer-to-peer network.
               Typical physical characteristics of cryptocurrency mining include specialized computer
               hardware for mining operations as well as equipment to cool the hardware and operating
               space. For the purpose of the associated regulations does not include the exchange
               of cryptocurrency or any other type of virtual currency nor does it encompass the
               use, creation, or maintenance of all types of peer-to peer distributed ledger.
               </p>
            <p class="b0">
               <span class="bold">Cul-De-Sac.</span> A road open at one end only, with a bulb end design of a specific turning radius
               for turning around.
               </p>
            <p class="b0">
               <span class="bold">Cullowhee Community Planning Area.</span> That area indicated on the map entitled Cullowhee Community Planning Area as the
               portion of the Cullowhee community subject to the development standards set forth
               herein.
               </p>
            <p class="b0">
               <span class="bold">Cut.</span> Portion of land surface or area from which earth has been removed or will be removed
               by excavating; the depth below the original ground surface to the excavated surface.
               </p>
            <p class="b0">
               <span class="bold">Cut and Fill.</span> Process of earth grading by excavating part of a higher area and using the excavated
               material for fill to raise the surface of an adjacent lower area.
               </p>
            <p class="b0">
               <span class="bold">Cut Slope.</span> Any area of ground subject to a land-disturbing activity forming an artificial incline,
               expressed as the ratio of horizontal to vertical projection; an area of ground where
               earth material is to be or has been removed by excavation or other methods used by
               man, and that exposes lower horizons of earth material in situ, and where any face
               of the excavated area lies in repose at any angle other than a horizontal plane.
               </p>
            <p class="bc0">
               <span class="bold">D</span>
               </p>
            <p class="b0">
               <span class="bold">Day Care Center.</span> Any child care arrangement that provides day care on a regular basis for more than
               four hours per day for more than five children of preschool age.
               </p>
            <p class="b0">
               <span class="bold">Detention.</span> Managing stormwater runoff by temporary holding and controlled release.
               </p>
            <p class="b0">
               <span class="bold">Detention Time.</span> The theoretical time required to displace the contents of a tank or unit at a given
               rate of discharge (volume divided by rate of discharge).
               </p>
            <p class="b0">
               <span class="bold">Development.</span> Any one or more of the following:
               
               <p class="incr1">
                  â€¢
                  </p>
               		
               <p class="content2">
                  Any activity requiring a building permit
                  </p>
               		
               
               <p class="incr1">
                  â€¢
                  </p>
               		
               <p class="content2">
                  Any man-made change to improved or unimproved real estate, including, but not limited
                  to, buildings or other structures, mining, dredging, filling, grading, paving, excavation
                  or drilling operations, or storage of equipment or materials
                  </p>
               		
               
               <p class="incr1">
                  â€¢
                  </p>
               		
               <p class="content2">
                  Any land disturbing activity, which adds to or changes the amount of impervious or
                  partially impervious cover on a land area or which otherwise decreases the infiltration
                  of precipitation into the soil
                  </p>
               		
               
               <p class="incr1">
                  â€¢
                  </p>
               		
               <p class="content2">
                  Any land disturbing activity requiring a permit pursuant to the county sediment control
                  ordinance
                  </p>
               		
               
               <p class="incr1">
                  â€¢
                  </p>
               		
               <p class="content2">
                  Any development, as defined in Section 5.6, proposed within a flood hazard area
                  </p>
               		
               
               <p class="incr1">
                  â€¢
                  </p>
               		
               <p class="content2">
                  Any activity requiring a watershed protection occupancy permit pursuant Section 5.4
                  </p>
               		
               
               <p class="incr1">
                  â€¢
                  </p>
               		
               <p class="content2">
                  Any other activity regulated by the county land use ordinances, including, without
                  limitation, the following: industrial development ordinance, mountain ridge protection
                  ordinance, off-premise sign control ordinance, Scotts Creek water quality protection
                  ordinance, wireless telecommunication tower construction ordinance.
                  </p>
               		
               
            <p class="b0">
               <span class="bold">Development, Existing.</span> Those projects that are built or those projects that at a minimum have established
               a vested right under state zoning law as of the effective date of the ordinance from
               which this Ordinance is derived, based on at least one of the following criteria:
               
               <p class="incr1">
                  â€¢
                  </p>
               		
               <p class="content2">
                  Substantial expenditures of resources (time, labor, money) based on a good faith reliance
                  upon having received a valid local government approval to proceed with the project
                  </p>
               		
               
               <p class="incr1">
                  â€¢
                  </p>
               		
               <p class="content2">
                  Having an outstanding valid building permit as authorized by the General Statutes.
                  Existing development means those projects that are built or those projects that at
                  a minimum have established a vested right under state zoning law as of the effective
                  date of the ordinance from which this article is derived, based on at least one of
                  the following criteria:
                  </p>
               		
               <p class="incr2">
                  Âº
                  </p>
               		
               <p class="content3">
                  Substantial expenditures of resources (time, labor, money) based on a good faith reliance
                  upon having received a valid local government approval to proceed with the project;
                  </p>
               		
               <p class="incr2">
                  Âº
                  </p>
               		
               <p class="content3">
                  Having an outstanding valid building permit as authorized by the General Statutes
                  (G.S. 160D-108); or
                  </p>
               		
               <p class="incr2">
                  Âº
                  </p>
               		
               <p class="content3">
                  Having an approved site specific or phased development plan as authorized by the General
                  Statutes (G.S. 160D-108).
                  </p>
               		
               
            <p class="b0">
               <span class="bold">Development, High Density.</span> Any subdivision proposal that exceeds low-density project threshold for dwellings
               units per acre and development area.
               </p>
            <p class="b0">
               <span class="bold">Development, Low Density.</span> Any subdivision proposing no more than two dwelling units per acre and for which
               no more than 24 percent of the total areas of the subdivision is delineated as development
               area.
               </p>
            <p class="b0">
               <span class="bold">Development, Multi-Family Residential.</span> Any housing development other than a single-family detached residence. This definition
               includes, without limitation, apartment complexes, townhomes and duplexes.
               </p>
            <p class="b0">
               <span class="bold">Development, Multiple Tenant.</span> A development containing a number of individual and/or separate activities or businesses
               that share facilities such as parking, pedestrian areas, etc.
               </p>
            <p class="b0">
               <span class="bold">Development, Nonresidential.</span> All development other than residential development, agriculture and silviculture.
               </p>
            <p class="b0">
               <span class="bold">Development, Single-Family Residential.</span> Any development where: (1) No building contains more than one dwelling-unit; (2)
               Every dwelling unit is on a separate lot; and (3) Where no lot contains more than
               one dwelling unit.
               </p>
            <p class="b0">
               <span class="bold">Director.</span> Director may mean The Director of the Jackson County Planning Department or his/her
               designee or the Permitting and Code Enforcement Director or his/her designee.
               </p>
            <p class="b0">
               <span class="bold">Discharge.</span> Usually the rate of water flow; a volume of fluid passing a point per unit time commonly
               expressed as cubic feet per second, cubic meters per second, gallons per minute, or
               millions of gallons per day.
               </p>
            <p class="b0">
               <span class="bold">Discharge Point.</span> The point at which runoff leaves a tract of land.
               </p>
            <p class="b0">
               <span class="bold">Discharging Landfill.</span> A landfill which discharges treated leachate and which requires a National Pollution
               Discharge Elimination System (NPDES) permit.
               </p>
            <p class="b0">
               <span class="bold">Disposal.</span> As defined in G.S. 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling,
               leaking, or placing of any solid waste into or on any land or water so that the solid
               waste or any constituent part of the solid waste may enter the environment or be emitted
               into the air or discharged into any waters, including groundwaters.
               </p>
            <p class="b0">
               <span class="bold">Distribution Center.</span> A use where goods are received and/or stored for delivery to the ultimate customer
               at remote locations.
               </p>
            <p class="b0">
               <span class="bold">Disturbed Areas.</span> Those areas where the ground cover on or above the soil surface is removed, including
               trees, grasses or pavements or other surfaces either natural or manmade.
               </p>
            <p class="b0">
               <span class="bold">Drainage.</span> The removal of excess surface water or groundwater from land by means of ditches
               or subsurface drains.
               </p>
            <p class="b0">
               <span class="bold">Drainage, Natural.</span> The flow patterns of storm water runoff over the land in its pre-development state.
               </p>
            <p class="b0">
               <span class="bold">Drainageway.</span> A natural or artificial depression that carries surface water to a larger watercourse
               or outlet such as a river, lake, or bay
               </p>
            <p class="b0">
               <span class="bold">Drive-Through Lane.</span> A travel lane that provides vehicular access to a customer service facility located
               within the principal structure or within an accessory structure, which is intended
               to enable the customer to transact business with a customer service person located
               with the principal structure (or with an automated service machine) without exiting
               the motor vehicle. The lane provides access to and egress from the drive through facility.
               </p>
            <p class="b0">
               <span class="bold">Driveway.</span> An entrance used by vehicular traffic to access property abutting a street. As used
               in this Ordinance, the term includes private residential, nonresidential, and mixed-use
               driveways.
               </p>
            <p class="b0">
               <span class="bold">Driveway Angle.</span> The angle between the driveway centerline and the edge of the travel way.
               </p>
            <p class="b0">
               <span class="bold">Driveway Throat.</span> The portion of a driveway between the public road and the internal circulation system
               or area where parking maneuvers occur.
               </p>
            <p class="b0">
               <span class="bold">Dwelling Unit.</span> A house, mobile home, apartment, condominium or a group of dwellings occupied or
               intended for occupancy as separate living quarters for one or more humans.
               </p>
            <p class="b0">
               <span class="bold">Dwelling Unit, Accessory.</span> A separate and complete dwelling unit located on the same lot as the single-family
               dwelling or business that is the principal building or use.
               </p>
            <p class="b0">
               <span class="bold">Dwelling Unit, Multi-Family.</span> A single structure containing more than two dwelling units.
               </p>
            <p class="b0">
               <span class="bold">Dwelling Unit, Single-Family.</span> A building designed exclusively as a residence for only one family and not attached
               to any other building or dwelling units.
               </p>
            <p class="b0">
               <span class="bold">Dwelling Unit, Single Family Attached (Duplex).</span> A building designed as a single structure, containing two separate residences, each
               of which is designed to be occupied as a separate permanent residence for one family
               </p>
            <p class="b0">
               <span class="bold">Dwelling Unit, Temporary (Medical Pod, Care Home).</span> A transportable residential structure that:
               
               <p class="incr1">
                  â€¢
                  </p>
               		
               <p class="content2">
                  Provides an environment facilitating a caregiver's provision of care for a mentally
                  or physically impaired person.
                  </p>
               		
               
               <p class="incr1">
                  â€¢
                  </p>
               		
               <p class="content2">
                  Must be used for activities of daily living such as bathing, dressing, personal hygiene,
                  ambulation or locomotion, transferring, toileting, and eating.
                  </p>
               		
               
               <p class="incr1">
                  â€¢
                  </p>
               		
               <p class="content2">
                  Is limited to one occupant which shall be the mentally or physically impaired person.
                  </p>
               		
               
            <p class="bc1">
               <span class="bold">E</span>
               </p>
            <p class="b0">
               <span class="bold">Earth Material.</span> Any rock, natural soil or fill or any combination thereof.
               </p>
            <p class="b0">
               <span class="bold">Electrical Transmission Tower.</span> An electrical transmission structure used to support high voltage overhead power
               lines. The term shall not include any utility pole.
               </p>
            <p class="b0">
               <span class="bold">Elevation.</span> Height above mean sea level.
               </p>
            <p class="b0">
               <span class="bold">Eligible Facilities Request.</span> A request for modification of an existing wireless tower or base station that involves
               collocation of new transmission equipment or replacement of transmission equipment
               but does not include a substantial modification.
               </p>
            <p class="b0">
               <span class="bold">Encroachment.</span> The advance or infringement of uses, fill, excavation, buildings, structures or development
               into a floodplain, which may impede or alter the flow capacity of a floodplain.
               </p>
            <p class="b0">
               <span class="bold">Energy Dissipater.</span> A structure or a shaped channel section with mechanical armoring placed at the outlet
               of pipes or conduits to receive and break down the energy from high velocity flow.
               </p>
            <p class="b0">
               <span class="bold">Enforcement Officer.</span> The Permitting and Code Enforcement Director and/or his/her designee.
               </p>
            <p class="b0">
               <span class="bold">Entertainer.</span> Any person who provides entertainment within or at an adult establishment, whether
               or not a fee is charged or accepted for entertainment and whether or not entertainment
               is provided by that person as an employee or an independent contractor.
               </p>
            <p class="b0">
               <span class="bold">Environment.</span> The sum total of all the external conditions that may act upon a living organism
               or community to influence its development or existence.
               </p>
            <p class="b0">
               <span class="bold">Equipment Compound.</span> An area surrounding or near the base of a wireless support structure within which
               are located wireless communication facilities.
               </p>
            <p class="b0">
               <span class="bold">Erodibility.</span> Susceptibility to erosion.
               </p>
            <p class="b0">
               <span class="bold">Erosion.</span> The wearing away of the land surface by water, wind, ice, gravity, or other geological
               agents. The following terms are sued to describe different types of water erosion:
               
               <p class="incr1">
                  â€¢
                  </p>
               		
               <p class="content2">
                  Accelerated erosionâ€”Erosion much more rapid than normal or geologic erosion, primarily
                  as a result of land disturbing activity.
                  </p>
               		
               
               <p class="incr1">
                  â€¢
                  </p>
               		
               <p class="content2">
                  Channel erosionâ€”The erosion process whereby the volume and velocity of flow wears
                  away the bed and/or banks of a well-defined channel.
                  </p>
               		
               
               <p class="incr1">
                  â€¢
                  </p>
               		
               <p class="content2">
                  Gully erosionâ€”The erosion process whereby runoff water accumulates in narrow channels
                  and, over relatively short periods, removes the soil to considerable depths, ranging
                  from 1 to 2 feet to as much as 75 to 100 feet.
                  </p>
               		
               
               <p class="incr1">
                  â€¢
                  </p>
               		
               <p class="content2">
                  Natural erosionâ€” the wearing away of the earth's surface by water, wind, or other
                  natural agents under natural environmental conditions undisturbed by man.
                  </p>
               		
               
               <p class="incr1">
                  â€¢
                  </p>
               		
               <p class="content2">
                  Rill erosionâ€”An erosion process in which numerous small channels only several inches
                  deep are formed; occurs mainly on recently disturbed and exposed soils. See Rill.
                  </p>
               		
               
               <p class="incr1">
                  â€¢
                  </p>
               		
               <p class="content2">
                  Splash erosionâ€”The spattering of small soil particles caused by the impact of raindrops
                  on wet soils. The loosened and spattered particles may or may not be subsequently
                  removed by surface runoff.
                  </p>
               		
               
               <p class="incr1">
                  â€¢
                  </p>
               		
               <p class="content2">
                  Sheet erosionâ€”The gradual removal of a fairly uniform layer of soil from the land
                  surface by runoff water.
                  </p>
               		
               
            <p class="b0">
               <span class="bold">Erosion Control Measure.</span> A measure, structure, or device which controls the soil material within the land
               area under responsible control of the person conducting the land disturbing activity.
               </p>
            <p class="b0">
               <span class="bold">Excavation.</span> A land-disturbing activity involving the mechanical removal of earth material.
               </p>
            <p class="bc0">
               <span class="bold">F</span>
               </p>
            <p class="b0">
               <span class="bold">Fall Zone.</span> The area in which a wireless support structure may be expected to fall in the event
               of a structural failure, as measured by engineering standards.
               </p>
            <p class="b0">
               <span class="bold">Family.</span> One or more persons occupying a single dwelling unit, provided that unless all members
               are related by blood or marriage or adoption, no such family shall contain over five
               persons, but further provided that domestic servants employed or living on the premises
               may be housed on the premises without being counted as a family or families.
               </p>
            <p class="b0">
               <span class="bold">Family Care Home.</span> A residential dwelling unit provided by an agency, organization or individual with
               or without resident support and supervisory personnel that provides room and board,
               personal care and habilitation services in a family environment for not more than
               six resident handicapped persons with disabilities, as person with disabilities is
               defined in G.S. 168-21 (or its successor). This definition shall include homes designed
               for the support of those in recovery from substance abuse or other homes for disabled
               persons that are not required licensing by the state.
               </p>
            <p class="b0">
               <span class="bold">Farm, Bona Fide.</span> A farm that meets the qualifications set forth in G.S. 153A-340 that is exempt from
               zoning regulations for any building or structure except for those used on the farm
               property for non-farm purposes.
               </p>
            <p class="b0">
               <span class="bold">Farm, Hobby.</span> A small farm that is maintained by a private individual for hobby or as a lifestyle
               without exception of being a primary source of income.
               </p>
            <p class="b0">
               <span class="bold">Federal Communications Commission (FCC).</span> The Federal Communications Commission, or its duly designated and authorized successor
               agency.
               </p>
            <p class="b0">
               <span class="bold">Federal Aviation Administration (FAA).</span> The Federal Aviation Administration, or its duly designated and authorized successor
               agency.
               </p>
            <p class="b0">
               <span class="bold">Fill.</span> A deposit of earth material placed by artificial means.
               </p>
            <p class="b0">
               <span class="bold">Fill Slope.</span> Any area of placed earth material that has been or will be subject to a land disturbing
               activity forming an artificial incline, expressed as the ratio of horizontal to vertical
               projection; an area where soil is to be or has been placed by excavation or other
               methods used by man, and where any face of the excavated area lies in repose at any
               angle other than a horizontal plane.
               </p>
            <p class="b0">
               <span class="bold">Filling.</span> A land-disturbing activity involving the placement of fill material, including the
               temporary stockpiling of fill material.
               </p>
            <p class="b0">
               <span class="bold">Final Objective.</span> The type of structure or use resulting from the land disturbing activity.
               </p>
            <p class="b0">
               <span class="bold">Financial Institution.</span> A bank, savings bank or other institution/business involved in the banking business.
               </p>
            <p class="b0">
               <span class="bold">Flood Boundary and Floodway Map (FBFM).</span> An official map of a community, issued by the Federal Emergency Management Agency,
               on which the special flood hazard areas and the floodways are delineated. This official
               map is a supplement to and shall be used in conjunction with the flood insurance rate
               map (FIRM).
               </p>
            <p class="b0">
               <span class="bold">Flood Hazard Area, Special (SFHA).</span> The land in the floodplain subject to a one percent or greater chance of being flooded
               in any given