<div class="chunk-title">Sec. 30-19. - Definitions.</div>
<div class="chunk-content">
            <p class="p0">
               The following words, terms and phrases, when used in this article, shall have the
               meanings ascribed to them in this section, except where the context clearly indicates
               a different meaning:
               </p>
            <p class="p0">
               <span class="ital">Agricultural use</span> means the use of waters for stock watering, irrigation, and other farm purposes.
               </p>
            <p class="p0">
               <span class="ital">Best Management Practices (BMP)</span> means 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="p0">
               <span class="ital">Buffer</span> means 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="p0">
               <span class="ital">Building</span> means any structure having a roof supported by columns or walls, and intended for
               shelter, housing or enclosure of persons, animals or property. The connection of two
               buildings by means of an open porch, breezeway, passageway, carport or other such
               structure, with or without a roof, shall not be deemed to make them one building.
               </p>
            <p class="p0">
               <span class="ital">Built-upon area</span> includes 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), recreation facilities (e.g., tennis courts), etc. (Note: wooden, slatted
               decks and the water area of a swimming pool are considered pervious.)
               </p>
            <p class="p0">
               <span class="ital">Cluster development</span> means 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.
               This term includes nonresidential development as well as single-family residential
               and multifamily developments. For purposes of this article, planned unit developments
               and mixed-use development are considered as cluster development.
               </p>
            <p class="p0">
               <span class="ital">Critical area</span> means the area adjacent to a water supply intake, extending one-half mile upstream
               from the intake located directly in the river or the ridge line of the watershed (whichever
               comes first). 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="p0">
               <span class="ital">Customary home occupations</span> means any use conducted entirely within a dwelling and carried on by the occupants
               thereof, which is clearly incidental and secondary to the use of the dwelling for
               residential purposes, and does not change the character thereof. Provided further
               that no mechanical equipment is installed or used except as is normally used for domestic
               or professional purposes and that not over 25 percent of the total floor space of
               any structure is used for the occupation. No home occupation shall be conducted in
               any accessory building except for the storage and service of a vehicle that is driven
               off site, such as a service repair truck, delivery truck, etc.
               </p>
            <p class="p0">
               <span class="ital">Development</span> means 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
               or precipitation into the soil.
               </p>
            <p class="p0">
               <span class="ital">Dwelling unit</span> means a building, or portion thereof, providing complete and permanent living facilities
               for one family.
               </p>
            <p class="p0">
               <span class="ital">Existing development</span> 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 class="incr1">
                  (1)
                  </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">
                  (2)
                  </p>
               		
               <p class="content2">
                  Having an outstanding valid building permit as authorized by the General Statutes
                  (G.S. 153A-344.1); or
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  Having an approved site specific or phased development plan as authorized by the General
                  Statutes (G.S. 153A-344.1).
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Existing lot (lot of record)</span> means a lot which is part of a subdivision, a plat of which has been recorded in
               the office of the register of deeds prior to the adoption of the ordinance from which
               this article is derived, or a lot described by metes and bounds, the description of
               which has been so recorded prior to the adoption of the ordinance from which this
               article is derived.
               </p>
            <p class="p0">
               <span class="ital">Family</span> means 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="p0">
               <span class="ital">Hazardous material</span> means any substance listed as such in: SARA section 302, Extremely Hazardous Substances,
               CERCLA Hazardous Substances, or section 311 of CWA (oil and hazardous substances).
               </p>
            <p class="p0">
               <span class="ital">Industrial development</span> means any nonresidential development that requires an NPDES permit for an industrial
               discharge and/or requires the use of storage of any hazardous material for the purpose
               of manufacturing, assembling, finishing, cleaning or developing any product or commodity.
               </p>
            <p class="p0">
               <span class="ital">Landfill</span> means a facility for the disposal of solid waste on land in a sanitary manner in
               accordance with G.S. 130A-290 et seq. For the purposes of this article this term does
               not include composting facilities.
               </p>
            <p class="p0">
               <span class="ital">Lot</span> means a parcel of land occupied, or capable of being occupied, by a building or group
               of buildings devoted to a common use, together with the customary accessories and
               open space belonging to the same.
               </p>
            <p class="p0">
               <span class="ital">Major variance</span> means a variance from the minimum statewide watershed protection rules that results
               in any one or more of the following:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  The relaxation, by a factor greater than five percent, of any buffer, density or built-upon
                  area requirement under the high density option;
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  The relaxation, by a factor greater than ten percent, of any management requirement
                  under the low density option;
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  Any variation in the design, maintenance or operation requirements of a wet detention
                  pond or other approved stormwater management system.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Minor variance</span> means a variance from the minimum statewide watershed protection rules that results
               in a relaxation, by a factor of up to five percent of any buffer, density or built-upon
               area requirement under the high density option; or that results in a relaxation, by
               a factor of up to ten percent, of any management requirement under the low density
               option.
               </p>
            <p class="p0">
               <span class="ital">Nonconforming lot of record</span> means a lot described by a plat or a deed that was recorded prior to the effective
               date of the ordinance from which this article is derived or its amendments that does
               not meet the minimum lot size or other development requirements of the statewide watershed
               protection rules.
               </p>
            <p class="p0">
               <span class="ital">Nonresidential development</span> means all development other than residential development, agriculture and silviculture.
               </p>
            <p class="p0">
               <span class="ital">Plat</span> means a map or plan of a parcel of land which is to be, or has been, subdivided.
               </p>
            <p class="p0">
               <span class="ital">Protected area</span> means the area adjoining and upstream of the critical area for the Neuse River and
               Little River watersheds. The boundaries of the protected area are defined as within
               ten miles upstream and draining to the intake located directly in the river or to
               the ridgeline of the watershed. Major landmarks may be used to delineate the outer
               boundary if these landmarks are immediately adjacent to the appropriate outer boundary.
               </p>
            <p class="p0">
               <span class="ital">Residential development</span> means buildings for residence, such as attached and detached single family dwellings,
               apartment complexes, condominiums, cottages, etc., and their associated outbuildings,
               such as garages, storage buildings, gazebos, etc., and customary home occupations.
               </p>
            <p class="p0">
               <span class="ital">Residuals</span> means any solid or semi-solid waste generated from a wastewater treatment plant,
               water treatment plant or air pollution control facility permitted under the authority
               of the environmental management commission.
               </p>
            <p class="p0">
               <span class="ital">Single-family residential</span> means any development where no building contains more than one dwelling unit, every
               dwelling unit is on a separate lot, and where no lot contains more than one dwelling
               unit.
               </p>
            <p class="p0">
               <span class="ital">Street (road)</span> means a right-of-way for vehicular traffic which affords the principal means of access
               to abutting properties.
               </p>
            <p class="p0">
               <span class="ital">Structure</span> means anything constructed or erected, including, but not limited to, buildings which
               require location on the land or attachment to something having permanent location
               on the land.
               </p>
            <p class="p0">
               <span class="ital">Toxic substance</span> means any substance or combination of substances (including disease causing agents),
               which after discharge and upon exposure, ingestion, inhalation, or assimilation into
               any organism, either directly from the environment or indirectly by ingestion through
               food chains, has the potential to cause death, disease, behavioral abnormalities,
               cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression
               in reproduction or growth) or physical deformities in such organisms or their off
               springs or other adverse health effects.
               </p>
            <p class="p0">
               <span class="ital">Variance</span> means a permission to develop or use property granted by the board of adjustment
               relaxing or waiving a water supply watershed management requirement adopted by the
               environmental management commission that is incorporated into this article.
               </p>
            <p class="p0">
               <span class="ital">Water dependent structure</span> means any structure for which the use requires access to or proximity to or citing
               within surface waters to fulfill its basic purpose, such as boat ramps, boathouses,
               docks and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies,
               parking lots and commercial boat storage areas are not water dependent structures.
               </p>
            <p class="p0">
               <span class="ital">Watershed</span> means the entire land area contributing surface drainage to a specific point (e.g.,
               the water supply intake).
               </p>
            <p class="historynote0">
               (Ord. of 8-21-2001, Â§ 601)
               </p></div>