<div class="chunk-title">Sec. 12-25. - General definitions.</div>
<div class="chunk-content">
            <p class="p0">
               The following words, terms and phrases, when used in this chapter, 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 by 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 open 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> means built-upon areas shall include 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. The term built-upon area does not include a wooden slatted deck, the
               water area of a swimming pool, or pervious or partially pervious paving material to
               the extent that the paving material absorbs water or allows water to infiltrate through
               the paving material.
               
            </p>
            <p class="p0">
               <span class="ital">Chief code enforcement officer</span> means an official or designated person of the county responsible for administration
               and enforcement of this article.
               
            </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.
               The term "cluster development" includes nonresidential development as well as single-family
               residential and multifamily developments. For the purpose 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 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="p0">
               <span class="ital">Customary home occupations</span> means any use conducted entirely within a dwelling and carried on by the occupants
               thereof, which use 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
               of 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 G.S. 153A-344.1 and G.S.
                  160A-385.1; or
                  
               </p>
               		
               
               <p class="incr1">
                  (3)
                  
               </p>
               		
               <p class="content2">
                  Having an approved site specific or phased development plan as authorized by G.S.
                  153A-344.1 and G.S. 160A-385.1.
                  
               </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 this article.
               
            </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">Family subdivision</span> means a division of a tract of land:
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  To convey the resulting parcels, with the exception of parcels retained by the grantor,
                  to a relative or relatives as a gift or for nominal consideration, but only if no
                  more than one parcel is conveyed by the grantor from the tract to any one relative;
                  or
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  To divide land from a common ancestor among tenants in common, all of whom inherited
                  by intestacy or by will.
                  
               </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 or 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. chapter 130A,<a href="" data-chunk-id="PTIICOOR_CH9RE" class="section-link" data-product-id="15271"> article 9</a>. For the purpose of this article the term "landfill" 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 spaces 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 ten percent, of any management requirement
                  under the low density option;
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </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">
                  (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 local watershed protection regulations (or their 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 of WS-IV watersheds. The
               boundaries of the protected area are defined as within five miles of and draining
               to the normal pool elevation of the reservoir or to the ridgeline of the watershed;
               or within ten miles upstream and draining to the intake located directly in the stream
               or river or to the ridgeline of the watershed.
               
            </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, townhouses, 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> mean 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:
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  No building contains more than one dwelling unit;
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  Every dwelling unit is on a separate lot; and
                  
               </p>
               		
               
               <p class="incr1">
                  (3)
                  
               </p>
               		
               <p class="content2">
                  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 requires location on the land or attachment to something having permanent location
               on the land.
               
            </p>
            <p class="p0">
               <span class="ital">Subdivider</span> means any person, firm or corporation who subdivides or develops any land deemed
               to be a subdivision as herein defined.
               
            </p>
            <p class="p0">
               <span class="ital">Subdivision</span> means all divisions of a tract or parcel of land into two or more lots, building
               sites, or other divisions for the purpose of sale or building development (whether
               immediate or future) and shall include all division of land involving the dedication
               of a new street or a change in existing streets; but the following shall not be included
               within this definition nor be subject to the regulations authorized by this article:
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  The combination or recombination of portions of previously subdivided and recorded
                  lots where the total number of lots is not increased and the resultant lots are equal
                  to or exceed the standards of this article;
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  The division of land into parcels greater than ten acres where no street right-of-way
                  dedication is involved;
                  
               </p>
               		
               
               <p class="incr1">
                  (3)
                  
               </p>
               		
               <p class="content2">
                  The public acquisition by purchase of strips of land for the widening or opening of
                  streets;
                  
               </p>
               		
               
               <p class="incr1">
                  (4)
                  
               </p>
               		
               <p class="content2">
                  The division of a tract in single ownership whose entire area is no greater than two
                  acres into not more than three lots, where no street right-of-way dedication is involved
                  and where the resultant lots are equal to or exceed the standards of this article;
                  
               </p>
               		
               
               <p class="incr1">
                  (5)
                  
               </p>
               		
               <p class="content2">
                  The division of a tract into plots or lots used as a cemetery.
                  
               </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 offspring
               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 county commissioners
               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, boat houses,
               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. No. 2014-1, Â§ 601, 8-14-2013)
               
            </p></div>