<div class="chunk-title">Sec. 18-153. - Definitions.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">General.</span> For the purpose of interpreting this article, certain words and terms used are defined
               in this section. Except as defined in this section, all other words used in this article
               shall have their standard dictionary definition. For general interpretation, the following
               shall apply in all uses and cases in this article:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               The present tense includes the future tense, and the future tense includes the present
               tense.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               The singular number includes the plural number, and the plural number includes the
               singular number.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               The word "may" is permissive, and the word "shall" is mandatory.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               The word "person" includes a firm, association, operation, partnership, trust, company
               or corporation, as well as an individual.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               The words "used" or "occupied" include the words "intended, designed or arranged to
               be used or occupied."
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               Words imparting the masculine gender include the feminine and neuter.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Word and term definitions.</span>
               </p>
            		
            <p class="p0">
               <span class="ital">Accessory use:</span> A subordinate use, clearly incidental and related to the principal structure or use
               of land, and located on the same parcel of property or manufactured home or recreational
               vehicle park space as that of the principal structure or use, except for accessory
               parking facilities located elsewhere. If a parcel is used for any residential, principal
               or permitted use, it is not an accessory use.
               </p>
            <p class="p0">
               <span class="ital">Adjustment, board of:</span> The board of adjustment is comprised of the members of the Wayne County Board of
               Commissioners.
               </p>
            <p class="p0">
               <span class="ital">Advertising display area:</span> The advertising display surface area encompassed within any polygon that would enclose
               all parts of the sign by one continuous line, connecting the extreme points or edges
               of a sign, and using the largest sign area or silhouette visible at any one time from
               any one point. The structural supports for a sign, whether they be columns, pylons,
               or a building, or a part thereof, shall not be included in the advertising area but
               all other ornamental attachments, inner connecting links, etc., that are not a part
               of the main supports of the sign are to be included in determining sign area.
               </p>
            <p class="p0">
               <span class="ital">Appeal:</span> A request for a review of an interpretation of any provision of this article or a
               request for a review of a decision by the planning director (or designee), planning
               board or board of county commissioners.
               </p>
            <p class="p0">
               <span class="ital">Board of county commissioners:</span> The board of county commissioners of Wayne County, North Carolina.
               </p>
            <p class="p0">
               <span class="ital">Business enterprise:</span> An operation, facility, and/or area where items are sold and/or services are rendered,
               whether for profit or not.
               </p>
            <p class="p0">
               <span class="ital">Business unit:</span> An operation, facility, and/or area where business activities take place under one
               ownership, A structure might contain multiple business units, if each is under separate
               ownership.
               </p>
            <p class="p0">
               <span class="ital">Certificate of occupancy:</span> A certificate issued by the building inspector or designee that declares that a building,
               structure, or lot may lawfully be employed for specific uses. Such structure(s) and
               use(s) shall conform fully to the provisions of all ordinances, including all building
               codes.
               </p>
            <p class="p0">
               <span class="ital">Church:</span> A structure in which persons regularly assemble for religious worship and which is
               maintained and controlled by a religious body organized to sustain public worship.
               </p>
            <p class="p0">
               <span class="ital">Day-care:</span> Includes any child-care arrangement except seasonal recreational programs operated
               for less than four consecutive months in a year, wherein three or more children less
               than 13 years of age receive care away from their own home by persons other than their
               parents, grandparents, aunts, uncles, brothers, sisters, first cousins, guardians
               or full-time custodians, or in the child's own home where other unrelated children
               are in care.
               </p>
            <p class="p0">
               <span class="ital">Day-care center, adult:</span> An agency, organization, or individual providing daytime care to adults not related
               by blood or marriage, or not the legal wards of the attendant adult at any place other
               than an occupied dwelling.
               </p>
            <p class="p0">
               <span class="ital">Day care center, adult-family:</span> A private residence where care, protection, and supervision are provided, for a fee,
               at least twice a week to no more than 6 (six) adults at one time who are not related
               by blood or marriage.
               </p>
            <p class="p0">
               <span class="ital">Day-care facility:</span> Any day-care center or child-care arrangement that provides day-care for more than
               five children, not including the operator's own school-aged children, under the age
               of 13, on a regular basis of at least once per week for more than four hours but less
               than 24 hours per day, regardless of the time of day and regardless of whether the
               same or different children attend. The following are not included: public schools;
               non-public schools whether or not accredited by the State Department of Public Instruction,
               that regularly and exclusively provide a course of grade school instruction to children
               who are of public school age; summer camps having children in full time residence;
               bible schools conducted during vacation periods; facilities under Article 2 of Chapter
               122C of the General Statutes; and cooperative arrangements among parents to provide
               care for their own children as a convenience, rather than for employment.
               </p>
            <p class="p0">
               <span class="ital">Development permit:</span> A permit issued by the planning director or designee that certifies that plans for
               a proposed structure, building, use, or lot conform to the provisions of all non-building
               code ordinances.
               </p>
            <p class="p0">
               <span class="ital">Electronic gaming operation:</span> A business enterprise, whether principal or accessory, where persons utilize electronic
               machines or devices, including but not limited to computers and gaming terminals,
               to conduct games of odds or chance, including sweepstakes, and where cash, merchandise,
               or other items of value are redeemed or otherwise distributed, whether or not the
               value of such distribution is determined by electronic games played or by predetermined
               odds. Specifically excluded from this definition is any lottery approved by the State
               of North Carolina.
               </p>
            <p class="b0">
               It is the activity that defines an electronic gaming operation, not the name; so an
               internet cafÃ©, cybercafÃ©, cyber sweepstakes, video arcade, game room, etc. might or
               might not be an electronic gaming operation. That is, there could be two businesses
               with the same kind of name (say, two video arcades or two internet cafÃ©s), and one
               might qualify as an electronic gaming operation and the other might not, based upon
               the actual activity within the business itself.
               </p>
            <p class="p0">
               <span class="ital">Electronic machine or device:</span> A mechanically-, electrically-, or electronically-operated machine or device, that
               is owned, leased, or otherwise possessed by a sweepstakes sponsor or promoter, or
               any of the sweepstakes sponsor's or promoter's partners, affiliates, subsidiaries
               or contractors, that is intended to be used by a sweepstakes entrant, that uses energy,
               and that is capable of displaying information on a screen or other mechanism. This
               section is applicable to an electronic machine or device whether or not:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  It is server-based.
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  It uses a simulated game terminal as a representation of the prizes associated with
                  the results of the sweepstakes entries.
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  It utilizes software such that the simulated game influences or determines the winning
                  or value of the prize.
                  </p>
               		
               
               <p class="incr1">
                  (4)
                  </p>
               		
               <p class="content2">
                  It selects prizes from a predetermined finite pool of entries.
                  </p>
               		
               
               <p class="incr1">
                  (5)
                  </p>
               		
               <p class="content2">
                  It utilizes a mechanism that reveals the content of a predetermined sweepstakes entry.
                  </p>
               		
               
               <p class="incr1">
                  (6)
                  </p>
               		
               <p class="content2">
                  It predetermines the prize results and stores those results for delivery at the time
                  the sweepstakes entry results are revealed.
                  </p>
               		
               
               <p class="incr1">
                  (7)
                  </p>
               		
               <p class="content2">
                  It utilizes software to create a game result.
                  </p>
               		
               
               <p class="incr1">
                  (8)
                  </p>
               		
               <p class="content2">
                  It requires deposit of any money, coin, or token, or the use of any credit card, debit
                  card, prepaid card, or any other method of payment to activate the electronic machine
                  or device.
                  </p>
               		
               
               <p class="incr1">
                  (9)
                  </p>
               		
               <p class="content2">
                  It requires direct payment into the electronic machine or device, or remote activation
                  of the electronic machine or device.
                  </p>
               		
               
               <p class="incr1">
                  (10)
                  </p>
               		
               <p class="content2">
                  It requires purchase of a related product.
                  </p>
               		
               
               <p class="incr1">
                  (11)
                  </p>
               		
               <p class="content2">
                  The related product, if any, has legitimate value.
                  </p>
               		
               
               <p class="incr1">
                  (12)
                  </p>
               		
               <p class="content2">
                  It reveals the prize incrementally, even though it may not influence if a prize is
                  awarded or the value of any prize awarded.
                  </p>
               		
               
               <p class="incr1">
                  (13)
                  </p>
               		
               <p class="content2">
                  It determines and associates the prize with an entry or entries at the time the sweepstakes
                  is entered.
                  </p>
               		
               
               <p class="incr1">
                  (14)
                  </p>
               		
               <p class="content2">
                  It is a slot machine or other form of electrical, mechanical, or computer game.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Enforcement officer:</span> The planning director or designee.
               </p>
            <p class="p0">
               <span class="ital">Enter or entry:</span> The act or process by which a person becomes eligible to receive any prize offered
               in a sweepstakes.
               </p>
            <p class="p0">
               <span class="ital">Entertaining display:</span> Visual information, capable of being seen by a sweepstakes entrant, that takes the
               form of actual game play, or simulated game play, such as, by way of illustration
               and not exclusion:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  A video poker game or any other kind of video playing card game.
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  A video bingo game.
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  A video craps game.
                  </p>
               		
               
               <p class="incr1">
                  (4)
                  </p>
               		
               <p class="content2">
                  A video keno game.
                  </p>
               		
               
               <p class="incr1">
                  (5)
                  </p>
               		
               <p class="content2">
                  A video lotto game.
                  </p>
               		
               
               <p class="incr1">
                  (6)
                  </p>
               		
               <p class="content2">
                  Eight liner.
                  </p>
               		
               
               <p class="incr1">
                  (7)
                  </p>
               		
               <p class="content2">
                  Pot-of-gold.
                  </p>
               		
               
               <p class="incr1">
                  (8)
                  </p>
               		
               <p class="content2">
                  A video game based on or involving the random or chance matching of different pictures,
                  words, numbers, or symbols not dependent on the skill or dexterity of the player.
                  </p>
               		
               
               <p class="incr1">
                  (9)
                  </p>
               		
               <p class="content2">
                  Any other video game not dependent on skill or dexterity that is played while revealing
                  a prize as the result of an entry into a sweepstakes.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Library:</span> A library can be in a room, set of rooms, or a building, A library contains books,
               periodicals, and other material for reading, viewing, listening, study, reference,
               and/or borrowing but not including a book store, newsstand, and the like where the
               primary activity is the selling, rather than the lending, of the items,
               </p>
            <p class="p0">
               <span class="ital">Lot:</span> Land area of defined boundaries in single ownership, set aside for separate use or
               occupancy, and recorded as such in the office of the Wayne County Register of Deeds.
               The word "lot" includes "parcel," "plot," or "tract".
               </p>
            <p class="p0">
               <span class="ital">Lot line:</span> Any boundary of a parcel of land.
               </p>
            <p class="p0">
               <span class="ital">Non-conforming structure:</span> A building or structure that lawfully existed prior to the initial adoption of this
               article or any subsequent amendments that is not in compliance with this article.
               </p>
            <p class="p0">
               <span class="ital">Non-conforming use:</span> The use of a building, structure, or lot for a purpose that does not conform to the
               regulations of this article, either at the effective date of the ordinance from which
               this article derives or as a result of subsequent amendments which may be incorporated
               in this article.
               </p>
            <p class="p0">
               <span class="ital">Off-street parking space:</span> A marked or otherwise identified parking space that is located outside the public
               right-of-way or private road easement and is suitable to accommodate one automobile;
               plus the necessary access space.
               </p>
            <p class="p0">
               <span class="ital">Park:</span> Any public or private land or combination of land and water resources available for
               recreational, educational, cultural, or aesthetic use. A park is predominantly comprised
               of open space areas that are used for passive recreation activities and/or educational,
               cultural, or aesthetic uses. A park may contain a mix of passive and active areas
               but must be primarily passive to be a park. Ball fields are often a part of a park
               but a ball field by itself is not a park.
               </p>
            <p class="p0">
               <span class="ital">Permitted use:</span> A principal use, other than a special use, that is approved administratively when
               it complies with the standards and requirements set forth in this article. Also known
               as a use permitted by right.
               </p>
            <p class="p0">
               <span class="ital">Place of worship:</span> A structure or other indoor or outdoor facility used for public worship. The term
               "place of worship" includes the words "church," "chapel," "synagogue," "mosque," and
               "temple" and their uses and activities that are customarily related.
               </p>
            <p class="p0">
               <span class="ital">Planning Board:</span> The Wayne County planning board.
               </p>
            <p class="p0">
               <span class="ital">Planning department:</span> County of Wayne department consisting of the planning staff.
               </p>
            <p class="p0">
               <span class="ital">Prize:</span> Any gift, award, gratuity, good, service, credit, or anything else of value, which
               may be transferred to a person, whether possession of the prize is actually transferred,
               or placed on an account or other record as evidence of the intent to transfer the
               prize.
               </p>
            <p class="p0">
               <span class="ital">Public or private school:</span> A facility that provides instruction and training, often in a wide variety of subjects.
               Some are establishments that are highly specialized, offering instruction in a very
               limited subject matter, such as ski lessons, real estate license course, or one specific
               computer software package. This instruction and training is most often provided by
               specialized establishments, such as schools, colleges, universities, and training
               centers. These might be establishments that are privately-owned and -operated for
               profit or not for profit, or they may be publicly-owned and -operated.
               </p>
            <p class="p0">
               <span class="ital">Public park:</span> A park owned and/or operated by a governmental agency.
               </p>
            <p class="p0">
               <span class="ital">Sign:</span> Any device, letter, numeral, figure, character, mark, plane, point, marquee sign,
               design, poster, pictorial, picture, stroke, stripe, line, trademark, reading matter
               or illuminated surface, that is so constructed, placed, attached, painted, erected,
               fastened, or manufactured in any manner, whatsoever, so that the same is used for
               the attraction of the public to any place, subject, person, firm, corporation, public
               performance, article, machine, or merchandise, whatsoever, that are displayed in any
               manner whatsoever, including out-of-doors, and are visible from any public way. Also
               included are any card, cloth, glass, metal, painted, paper, plastic, wooden, or other
               configuration of any character placed in or on the ground or any tree, wall, bush,
               rock, fence, pavement, building, structure, or thing, for the purpose of advertising,
               announcing, declaring, demonstrating or displaying information about a specific business,
               occupant use, activity, or building, including clocks, barber poles and similar devices.
               This shall exclude official notices issued by a court or public officer.
               </p>
            <p class="p0">
               <span class="ital">Street</span> or <span class="ital">road:</span> The all-weather travelway within a public or private right-of-way or easement that
               is set aside for public or private travel and provides access to abutting properties,
               and has been accepted for maintenance by the State of North Carolina, has been established
               as a public or private street prior to the date of adoption of the ordinance from
               which this article derives, has been dedicated to the State of North Carolina for
               public travel by the recording of a plat of an approved subdivision, or has been approved
               as a private street by Wayne County.
               </p>
            <p class="p0">
               <span class="ital">Sweepstakes:</span> Any game, advertising scheme or plan, or other promotion, which, with or without
               payment of any consideration, a person may enter to win or become eligible to receive
               any prize, the determination of which is based upon chance.
               </p>
            <p class="p0">
               <span class="ital">Use:</span> The purpose for which land or a structure is designed, arranged, and/or intended
               to be occupied or utilized or for which the land or structure is occupied, maintained,
               rented, or leased.
               </p>
            <p class="p0">
               <span class="ital">Use, accessory:</span> A subordinate use, clearly incidental and related to the principal structure or use
               of land, and located on the same parcel of property or manufactured home or recreational
               vehicle park space as that of the principal structure or use, except for accessory
               parking facilities located elsewhere. If a parcel is used for any residential, principal,
               or permitted use, it is not an accessory use.
               </p>
            <p class="p0">
               <span class="ital">Use-by-right:</span> A use which is listed as an unconditionally permitted activity in this article.
               </p>
            <p class="p0">
               <span class="ital">Use, non-conforming:</span> The use of a building, structure, or lot for a purpose that does not conform to the
               regulations of this article, either at the effective date of the ordinance from which
               this article derives or as a result of subsequent amendments which may be incorporated
               in this article.
               </p>
            <p class="p0">
               <span class="ital">Use, permitted:</span> A principal use, other than a special use, that is approved administratively when
               it complies with the standards and requirements set forth for the zoning district
               in which it is located. Also known as a use permitted by right.
               </p>
            <p class="p0">
               <span class="ital">Variance:</span> A grant of relief from the requirements of this article.
               </p>
            <p class="p0">
               <span class="ital">Wall:</span> A structure, other than a building, that is a barrier and is used as a boundary,
               screening, or means of protection or confinement. A wall functions like a fence but
               is usually thicker than six inches
               </p>
            <p class="historynote0">
               (Ord. of 9-4-2012(Att. A), Â§ 3)
               </p></div>