ARTICLE II.
RULES OF CONSTRUCTION; DEFINITIONS

Summary:  This article provides an interpretive framework for the Land Development Standards for the Town of Waynesville, North Carolina. Included in this article are rules of construction concerning the town's official land development map and the text of this chapter.  Also included in this article is a listing of definitions of terms found within this chapter. 

TABLE OF CONTENTS

154.030    Rules of Construction
154.031    Definitions
154.0032-154.049   Reserved

154.030 RULES OF CONSTRUCTION. 

(A) Interpretation of Land Development Map.  The following rules of interpretation shall be applicable to the land development map for the Town of Waynesville. 

(1) Land Development District Designation. 
•  A district name on the land development map indicates that the regulations pertaining to the district designated by that name, or abbreviation of the same, extend throughout the whole area bounded by the district boundary lines within which such name or abbreviation is shown, except as otherwise provided.

(2) District Boundary Determination. 
•  Where uncertainty exists as to the boundaries of any land development district, the planning director shall interpret the location of the land development district boundaries.  An appeal from an interpretation or finding of the planning director may be taken to the board of adjustment as specified in Sec. 154.085 of this chapter. 
•  District boundaries indicated as approximately following centerlines of streets, highways or alleys shall be construed to follow such centerlines.
•  District boundaries indicated as approximately following platted lot lines shall be construed as following such lines.
•  District boundaries indicated as approximately following town limit lines shall be construed as following such town limits.
•  District boundaries indicated as approximately following railroad lines shall be construed to the midway between the main tracks. 
•  District boundaries indicated as approximately following centerlines of streambeds or other bodies of water shall be construed to follow such centerlines. 
•  District boundaries indicated as approximately parallel to or extensions of any of the features noted in the aforementioned provisions, shall be so construed and at such distance therefrom as indicated on the official copy of the land development map.  Distances not specifically indicated on the official copy of the land development map shall be determined by the scale of such map. 
•  Where the land development map shows a district boundary dividing a lot, each part of the lot shall conform with the standards established by this chapter for the land development or overlay district in which that part is located. 

(B) General Rules of Construction.

(1) Words to Have Customary Meanings.  The words and phrases in this chapter shall have their customary meanings or shall be as defined in a standards dictionary, except for the specific words and phrases defined in this chapter.  See also Sec. 154.145(C) concerning the use of the North American Industry Classification System with the table of uses.

(2) Tense.  Words used in the present tense include the future tense.

(3) Number.  The singular number includes the plural number and the plural number includes the singular number.

(4) Person.  The word "person" includes a firm, association, partnership, trust, company, corporation or any other entity usually defined in legal usage as a person.

(5) Shall and May.  The words "shall," "must," and "will" are mandatory in nature.  The word "may" is permissive in nature.

(6) Used or occupied.  The words "used" and "occupied" include the words "intended, designed, or arranged to be used or occupied."

(7) Lot.  The word "lot" includes the words "plot" and/or "parcel."

(8) Structure.  The word "structure" includes the word ?building.?

(9) On the Premises Of.  The phrase "on the premises of," as applied to accessory uses or structures, shall be interpreted to mean "on the same lot."

(10) Administrative Personnel.  The listing of any specific administrative official (i.e., planning director) in this chapter shall be interpreted to include an authorized designee of said official. 

(11) Fractional Requirements.  When any requirement of this chapter results in a fraction of a unit, a fraction of one-half (1/2) or more will be considered a whole unit and a fraction of less than one half (1/2) will be disregarded. 

(C)  Types of Districts or Zones.
•  For the purposes of interpretation of standards within this ordinance, the following land development districts are considered "residential districts:"
•  Allens Creek Neighborhood District (AC-ND)
•  Chestnut Park Neighborhood District (CP-ND)
•  Country Club Neighborhood District (CC-ND)
•  Dellwood Neighborhood District (D-ND)
•  Eagles Nest Rural District (EN-RD)
•  East Waynesville Neighborhood District (EW-ND)
•  Francis Cove Rural District (FC-RD)
•  Hall Top Rural District (HT-RD)
•  Hazelwood Neighborhood District (H-ND)
•  Howell Mill Neighborhood District (HM-ND)
•  Love Lane Neighborhood District (LL-ND)
•  Main Street Neighborhood District (MS-ND)
•  Ninevah Neighborhood District (N-ND)
•  Pigeon Street Neighborhood District (PS-ND)
•  Raccoon Creek Neighborhood District (RC-ND)
•  South Waynesville Neighborhood District (SW-ND)
•  Sulphur Springs Neighborhood District (SS-ND)
•  Walnut Street Neighborhood District (WS-ND)

(D) Application of Regulations; Conflict or Inconsistency with Other Laws, Covenants or Deed Restrictions. 

(1) Application of Regulations; Standards Regarded as Minimum.
•  Within each land development district, the standards set forth by this chapter shall apply uniformly to each class or kind of building, structure or land. 
•  In the interpretation of the provisions of this chapter, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the purposes set forth in Sec. 154.001(B).

(2) Conflict or Inconsistency with Other Laws, Covenants or Deed Restrictions.
•  This chapter is not intended to abrogate any other law, ordinance or regulation.   However, whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern. 
•  In the event of any conflict between limitations, requirements, or standards contained in different provisions of this chapter in applying them to an individual use or structure, the more restrictive provision shall apply unless otherwise provided.
•  The regulations for overlay districts set forth in Article V., unless otherwise specified, shall control in the event of any conflict between those regulations and regulations which are set forth for the underlying land development district. 
•  In the event of a conflict or inconsistency between the text of this chapter and any caption, figure, illustration or map contained herein, the text shall control.
•  This chapter is not intended to abrogate any easement, covenant, or other private agreement.  However, where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easement, covenant or other private agreement, then the requirements of this chapter shall govern.  Unless deed restrictions, covenants or other contracts directly involve the Town of Waynesville as a party in interest, the town shall have no administrative responsibility for enforcing such deed restrictions or covenants. 

154.031 Definitions.

Accessory Dwelling.  A secondary dwelling unit established in conjunction with and clearly subordinate to a primary dwelling unit or business, whether a part of the same structure as the primary use or as a detached dwelling unit on the same lot. 

Accessory Structure.  A detached subordinate structure(s), the use of which is clearly incidental to and customarily found in connection with a principal building or use, is subordinate to and serves a principal building or use and is subordinate in area, extent and purpose to the principal building or principal use served.  An accessory structure must be on the lot on which the principal use is located.  This term includes ?accessory buildings.?

Accessory Use.  A use that is clearly incidental to and customarily found in connection with a principal building or use, is subordinate to and serves a principal building or use and is subordinate in area, extent and purpose to the principal building or principal use served.  An accessory use must be on the lot on which the principal use is located. 

Addition (To an Existing Building).  As referred to in Sec. 154.400 (Flood Damage Prevention) means an extension or increase in the floor area or height of a building or structure. 

Area of Shallow Flooding.  A designated Zone A0 on a community?s Flood Insurance Rate Map (FIRM) with base flood depths determined to be from one (1) to three (3) 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.

Adult Bookstore.  A bookstore (1) that receives a majority of its gross income during any calendar month from the sale of printed and/or video materials/publications (including but not limited to videocassettes, books and magazines) which 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; or (2) having as a preponderance of its printed and/or video materials/publications 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.

Adult Day Care Center.  A facility where an individual, agency or organization provides supervision or care during the day time for more than two (2) adults in need of care because of physical or mental disability in a place other than their usual place of abode.

Adult Day Care Home, Family.  An adult care arrangement located in a residence where, at any one time, more than two (2) adults, but less than nine (9) adults receive day care.

Adult Establishment.  Any business or enterprise that has as one of the principal business purposes or as a significant portion of their business an emphasis on matter and conduct depicting, describing, or related to anatomical areas and sexual activities specified in NCGS ?14-202.10.  This definition shall include adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult motels, adult live entertainment businesses, or massage businesses as defined in NCGS ?14-202.10.

Adult Motel.  A hotel or motel or similar business establishment offering public accommodations for any form of consideration that rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a twenty-four (24) hour period. 

Alley.  A public way which affords only a secondary means of access to abutting property and is not intended for general traffic circulation.

Animal Shelter.  A facility used to house or contain stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection and humane treatment of animals. 

Animal Unit.  A unit of measurement to compare various animal types based upon equivalent waste generation.  One animal unit equals the following: 1.0 cattle (except dairy cows); 0.5 horse; 0.7 dairy cow; 2.5 swine weighing over 55 pounds; 15 swine under 55 pounds; 10 sheep; 30 laying hens; 55 turkeys; 100 broiler chickens or an equivalent animal unit. 

Antenna.  Equipment used for transmitting or receiving radio frequency signals, which is attached to a tower, building or other structure, usually consisting of a series of directional panels, microwave or satellite dishes, or omnidirectional antenna. 

Apron.  The broadened paved area of a driveway where it adjoins the traveled way.

Area of Special Flood Hazard.  The land in the floodplain within a community subject to a one (1) percent or greater chance of  being flooded in any given year. 

Articulation of Buildings.  The manner in which a building or structure treats its surface dimensionality and components.  The articulation of a building is the distance between changes in its fa?ade(s).  Structures are articulated according to the speed from which they will be most commonly viewed.  For example, a structure that will be viewed only from an interstate highway utilizes a scale of articulation that consists of very large components (large blank walls).  A structure that will be viewed from a few inches (Main Street) utilizes a scale of articulation that consists of very small components (designs within the brickwork).  Articulation can happen at a pedestrian (or human) scale or at the scale of the automobile or the highway.

Articulation, Automobile.  The scale of articulation that relates to an automobile traveling at slower speeds.  This type of articulation can be a repetition of objects (i.e. windows) with spaces in between or it can be a change in the massing of the building.  These changes/repetitions shall occur at least every twenty (20) feet and need to occur along the majority of the height of the building and must break the building up vertically (the dominant breaks must occur vertically).  Porches, columns, exposed buttresses (or other structural elements), pronounced entryways that extend up the building, etc. are good examples of this type of articulation.

Articulation, Highway.  The scale of articulation that relates to an automobile traveling at faster speeds.  This type of articulation consists of repeating large sections of the building that can be recognized from a distance or at fast speeds.

Articulation, Pedestrian.  The scale of articulation that relates to the travel of a pedestrian (1.5 miles/hour).  Buildings built to this scale must be articulated at very small intervals.  This scale requires a change of at least two (2) inches in depth every four (4) linear feet measured horizontally, with the said change of depth happening along the majority of the height of the first floor.   This scale of articulation is required along the first floor only, although it is recommended to be extended (the same or in graduation) through the first two or three stories.  Windows or groups of windows should be separated at this scale. 

 Highway articulation    Automobile articulation        Pedestrian articulation

Attached Wireless Communications Facility.  A wireless communication facility that is affixed to an existing structure, for example, an existing building, tower, water tank, utility pole, etc. which does not include an additional wireless communication support structure. 

Authentic Restoration and Reconstruction.  The exact replication of an historic structure to include, but not limited to siting, scale, massing and materials of structure. 

Areas of Special Flood Hazard.  The land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year.

Auditoriums, Indoor Public Assembly. A fully enclosed facility used for the gathering of people as an audience to hear music, lectures, plays and other presentations. 

Avenue.  Traveled ways with design speeds of twenty-five (25) to thirty (30) miles per hour, that serve as connectors between neighborhoods and area centers. 

Base Flood.  The peak discharge of a one hundred (100) year flood.  The base flood has a one (1) percent probability of being equaled or exceeded in any given year.

Base Flood Elevation (BFE).  A determination as published in the Flood Insurance Study of the water surface elevations of the base flood.  This elevation, when combined with the ?Freeboard?, establishes the ?Regulatory Flood Protection Elevation.?

Basement.  That lowest level or story which has its floor subgrade on all sides.

Bed and Breakfast Home.  A private home containing not more than four (4) guest rooms that offers bed and breakfast accommodations to no more than eight (8) guests per night.

Berm.  An earthen mound designed to provide visual interest on a site, screen undesirable views, reduce noise, divert stormwater, or fulfill other such purposes.

Best Management Practices (BMPs).  Methods, measures, practices, schedules of activities, maintenance procedures, and other management practices to prevent or reduce the pollution of waters.  With regard to construction, these may include structural devices or nonstructural practices that are designed to prevent pollutants form entering water or to direct or reduce the flow of water. 

Board of Adjustment.  The Board of Adjustment of the Town of Waynesville.

Board of Aldermen.  The Board of Aldermen of the Town of Waynesville.

Boarding House.  A building containing a single dwelling unit and two (2) or more rooms where lodging is provided for definite periods, with or without meals, for compensation, but not open to public or overnight guests.  The term includes a rooming house/lodging house.

Boulevards.  Traveled ways with design speeds of thirty (30) to thirty-five (35) miles per hour, that provide multi-lane access to commercial and mixed-use developments.  Boulevards also serve to carry regional traffic throughout the town.

Build-to-Lines.  An imaginary line which aligns buildings to form a street wall. 

Buildable Area.  The portion of a lot or site, exclusive of required yard areas, landscaping or open space within which a structure may be built.

Building.  Any structure built for support, shelter or enclosure for any occupancy or storage.

Business Location ? For the purpose of locating and allowing ground signs, a business location shall be defined as one or more businesses, operations, associations, etc, under one common roof or in one unified structure or building. 

Certificate of Compliance.  A document signed by authorized staff of the Waynesville Planning and Zoning Office, as required in this chapter, as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, alteration, conversion, or installation of a structure or building. This document acknowledges that such use, structure, or building complies with the provisions of this chapter (the land development standards) or an authorized variance there from.

Chemical Storage Facility.   A building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products.

Child Day Care Center.  An arrangement where, at any one time, there are three (3) or more preschool-age children or nine (9) or more school-age children receiving child care. Child care center is distinguished from child care home, family.  (NCGS ? 110.86 or its successor).

Child Day Care Home, Family.  A child care arrangement located in a residence where, at any one time, more than two (2) children, but less than nine (9) children, receive child care.  (NCGS ?110.86 or its successor). 

Cluster Development.  A development design technique that concentrates buildings in specific areas on a site to allow remaining land to be used for recreation, common open space, or the preservation of historically or environmentally sensitive areas.  (See Sec. 154.219).

Collocation.  The use of a single support structure and/or site by more than one (1) wireless communications provider.

Common Area Recreation and Service Facilities.  Recreational (swimming pools, etc.) and service (laundry, etc.) facilities built to serve housing developments. 

Conditional Use.  A use which is permitted in specified land development districts only after review by the board of adjustment and found to meet specific conditions and procedures as set forth in this chapter so as to maintain the safety and general welfare of the community. 

Contiguous.  Boarding or adjoining, meeting or joining at the border or surface.

Corner Lot.  A lot located at the intersection of two or more traveled ways.

County.  Haywood County, North Carolina.

Cul-de-sac.  A street permanently terminated by a turnaround.

Development.  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.

Disposal.  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.

Development Parcel.  Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used for or developed as a unit or which has been used or developed as a unit. 

Driveway.  A private vehicular access connecting a dwelling, carport, garage, parking area or other buildings with a street.  A driveway is not a road, street, boulevard highway or parkway.

Driveway Approach.  The improved area between the roadway of a public street and private property intended to provide access for motor vehicles to a well-defined area on private property. 

Driveway, Width.  The horizontal distance between the sides of a driveway measured at the right-of-way or the back of the sidewalk (whichever is farthest from the traveled way) and measured parallel with the centerline of the traveled way.  Medians shall not be included in the calculations for the width of driveways.

Dwelling Unit.  A single unit providing complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.  (NC Building Code, Vol. 1, ? 202 and Vol. VII, ? 202).

Dwelling, Manufactured Home on Individual Lots.  A manufactured home designed for occupancy by a single family and which is placed on a lot with no other principal structure or building. 

Dwelling, Multi-Family. Any building or buildings containing more than two (2) dwelling units on a single lot including apartments, condominiums, etc. 

Dwelling, Single-Family.  A structure designed for occupancy by one family.

Dwelling, Single-Family, Attached.   Two or more single-family dwelling units having a common wall or zero setback separating units and where the land underneath each dwelling unit is sold with that unit. 

Dwelling, Single-Family, Detached.  A single-family dwelling unit that is not attached to any other dwelling unit by any means and is surrounded by yards.   

Dwelling, Single-Family, Semi-Detached.  A one-family dwelling attached to another one-family dwelling by a common vertical wall, with each dwelling located on a separate lot.

Dwelling, Townhouse.  A one-family dwelling in a row of at least three (3) such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by  one (1) or more vertical common fire-resistant fire walls. 

Dwelling, Two-Family.  A building on a single lot containing two (2) dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.

Easement.  A grant by the property owner of use, by the public, a corporation, or a person, of a strip of land for specified purposes. 

Elevated Building.  For floodplain management purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings or columns.

Encroachment.  The advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

Existing Manufactured Home Park or Manufactured Home Subdivision.  A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before January 6, 1983.

Expansion to an Existing Manufactured Home Park or Subdivision.  The preparation of the additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete slabs).

Exterior Features.  For the purposes of historic preservation, this term shall include the architectural style, general design, and general arrangement of the exterior of a building or other structure, including the kind and texture of the building material, the size and scale of the building, and the type and style of all windows, doors, light fixtures, signs and other appurtenant features.  "Exterior features" may also include historic signs, color and significant landscape, and archaeological and natural features of the area.

Extraterritorial Jurisdiction.   That land lying within one (1) mile in all directions of the corporate limits of the town, and not located in the corporate limits of any other municipality, nor within any part of that area lying within the extraterritorial jurisdiction of any other municipality. 

FAA.  The Federal Aviation Administration which maintains stringent regulations for the siting, building, marketing and lighting of cellular transmission antennas near airports or flight paths.

Fabric Buildings.  Fabric buildings are those buildings which need to adhere to the street wall.  These create a backdrop or a canvas for the monument buildings.  Fabric buildings are normally privately owned commercial or residential establishments that should rely on architecturally rich facades to enhance the streetscape.

Fa?ade.  That portion of any exterior elevation on the building extending from grade to top of the parapet, wall or eaves and the entire width of the building elevation. 

Family.  An individual, or two (2) or more persons related by blood, marriage or law, or a group of not more than any five (5) persons living together in a dwelling unit.  Servants having common housekeeping facilities with a family consisting of an individual, or two (2) or more persons related by blood, marriage or law, are a part of the family for this chapter.

Family Care Home.  A single-family home with support and supervisory personnel that provides room and board, personal care and habilitation services in a family environment for not more than six (6) persons.  The purpose of the home may be to provide care to handicapped persons per NCGS ? 168-21 (or its successor), foster care for children, or temporary shelter to victims of emotional, physical, or psychological abuse or those dealing with a medical (non-substance abuse) or family crisis. 

FCC.  The Federal Communications Commission which regulates the licensing and practice of wireless, wireline, television, radio and other telecommunications entities.

Feed Lot.  A lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising, or holding of animals and either specifically designed as a confinement area in which animal waste may accumulate or where the concentration of animals is such that an established vegetative cover cannot be maintained.  A building or lot is not a feedlot unless animals are confined for forty-five (45) or more days, which may or may not be consecutive in a 12-month period.  Pastures shall not be considered feedlots for the purposes of this chapter. 

FEMA.  The Federal Emergency Management Agency which administers the federal flood insurance program and accompanying regulations. 

Fill.  Any material, such as (by way of illustration) earth, clay, sand, concrete, rubble, wood chips, bark or waste of any kind, that is placed, stored, or dumped upon the surface of the ground resulting in an increase in the natural surface elevation. 

Flood or Flooding.  A general and temporary condition of partial or complete inundation of normally dry land areas from: (a) the overflow of inland or tidal waters; (b) the unusual and rapid accumulation or runoff of surface waters from any source.

Flood Boundary and Floodway Map (FBFM).  Aan 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).

Flood Hazard Boundary Map (FHBM).  An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A.

Flood Insurance.  The insurance coverage provided under the National Flood Insurance Program.

Flood Insurance Rate Map (FIRM).  An official map, including amendments,  of the community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. 

Flood Insurance Study.  The official report performed by the Federal Emergency Management Agency to identify flood hazard areas, flood insurance risk zones, and other flood data in a community.  The study includes Flood Boundary and Floodway Maps (FBFMs), Flood Hazard Boundary Maps (FHBMs), and/or Flood Insurance Rate Maps (FIRMs).

Floodplain or Flood Prone Area.  Any land area susceptible to being inundated by water from any source.

Floodplain Administrator.  Is the individual appointed to administer and enforce the floodplain management regulations.

Floodplain Development Permit.  Any type of permit that is required in conformance with the provisions of flood hazard ordinance, prior to the commencement of any development activity.

Floodplain Management.  The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

Floodplain Regulations.  This ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power which control development in flood-prone areas.  This term describes federal, state or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage.

Flood Proofing.  Any combination of structural or non-structural additions, changes or adjustments to structures and movable objects, or to surrounding areas, including utility and sanitary facilities, which would preclude the entry of water.

Floodway.   The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation by more than one (1) foot.

Flood Zone.  A geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects the severity or type of flooding in the area.

Floor.  The top surface of an enclosed area in a building (including basement), that is, the top of the slab in concrete slab construction or the top of wood flooring in wood frame construction.  The term does not include the floor of a garage used solely for parking vehicles. 

Foot-Candle.  A unit for measuring illumination equal to the amount of direct light thrown by a source of one candela on a square foot of surface every part of which is one foot away from the source and facing directly toward the source.

Freeboard.  The height added to the Base Flood Elevation (BFE)  to account for watershed development as well as limitations of the engineering methodologies for the determination of flood elevations.  The freeboard plus the Base Flood Elevation establishes the ?Regulatory Flood Protection Elevation.?

Functionally Dependent Facility.  A facility that cannot be used for its intended purpose unless it is located in close proximity to water (e.g. a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding or ship repair).  The term does not include long-term storage, manufacturing, sales or service facilities.

GFA.   Gross floor area in square feet.

Golf Courses and Country Clubs ? an establishment primarily engaged in operating golf courses (except miniature), along with dining facilities and other recreational facilities.  These establishments often provide beverage services, equipment and rental services, recreation instructional services and guest accommodations (hotels, motels, inns).

Government Building or Facility.  A building, structure, or facility owned, operated or occupied by a governmental agency for the purpose of providing a service to the public.

Gross Floor Area.  The sum of the gross horizontal areas of the several floors of a building or structure from the exterior face of exterior walls, or from the centerline of a wall separating two (2) buildings, but excluding any space where the floor-to-ceiling height is less than six (6) feet. 

Halfway House.  A place where persons are aided in readjusting to society following a period of imprisonment, hospitalization or institutionalized treatment related to a criminal offense.  This term is distinguished from family care home, special congregate facilities and residential care facilities.

Hazardous Waste Management Facility.  A facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste as defined in N.C.G.S., Article 9 of Chapter 130A.

Height, Building.  The vertical distance measured from the highest ground level at the structure foundation to the highest point of the structure excluding chimneys, antennas and other similar appurtenances.   This definition does not apply to signs.

Height, Sign.  The vertical distance measured from ground level at the lowest point of the sign structure to the top of the structure.

Highest Adjacent Grade.  The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of the structure.

Highways.  Traveled ways with design speeds of forty (40) miles per hour or greater, that are intended to bring people into town or to pass traffic through natural areas.   Highways are not designed for development, but rather to move vehicular traffic. 

Hillside Area.  Any lot, parcel or tract of land, or portion thereof, which has an average slope of its natural terrain of fifteen (15) percent or greater, and is located, all or in part, above 2900 feet in elevation.

Historic Structure.  Any structure that is: (a) listed individually in the Natural Register of Historic Places or preliminarily determined by the US Secretary of Interior as meeting the requirements for individual listing on the National Register; (b) certified or preliminarily determined by the US Secretary of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) individually listed on a state inventory of historic places; (d) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified (1) by an approved state program as determined by the Secretary of Interior, or (2) directly by the Secretary of Interior in states without an approved program.

Home Occupation.  An accessory use of a dwelling unit for limited non-residential purposes which is clearly incidental and subordinate to the use of the dwelling unit as a residence.

Hotels.  A facility offering transient lodging accommodations to the general public and providing additional services, such as restaurants, meeting rooms, entertainment, and recreational facilities.  This definition includes ?motels.?

Impervious Surface.  Any hard-surfaced, man-made area that does not readily absorb or retain water, including but not limited to building roofs, parking and driveway areas, graveled areas, block pavers (unless allowing vegetative growth though the pavers), roads, sidewalks and paved recreation areas.  Impervious surface includes all structures measured at their greatest extent and so as to include areas overhung by eaves, balconies, and other projecting features of the structure.   Wooden slatted decks and the water area of a swimming pool are considered pervious.

Impervious Surface Ratio.  A measure of the intensity of land use, determined by dividing the total of all impervious surfaces on a site by the gross site area.

Individual Sewer System.   Any septic tank, ground absorption system, privy, or other facility serving a single source or connection and approved by the county sanitarian. 

Individual Water System.  Any well, spring, stream or other source used to supply a single connection.

Inn.   Any building or group of buildings in which there are thirty (30) or fewer guest rooms, used for the purposes of offering public lodging on a day-to-day basis.  

Landfill, Demolition and Inert Debris.  A use designed for the disposal of nonbiodegradable waste resulting from road building, construction, remodeling, repair or demolition of structures. 

Lane.  Small traveled ways with design speeds of fifteen (15) to twenty (20) miles per hour or less, intended to provide direct access to the front of a limited number of single family residences. 

Large Maturing Tree.  Large maturing trees are trees that grow to be over thirty-five (35) feet in height at maturity.

Levee.  A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. 

Lot.  A parcel of land described by metes and bounds and held or intended to be held in separate lease or ownership, or shown as a lot or parcel on a recorded subdivision, or shown on plat used in the lease or sale or offer of lease or sale of land resulting from the division of a larger lot, parcel, or tract into two (2) or more smaller lots or units.  A ?lot? includes any piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record that is recognized and intended as a unit for the purpose of transfer of ownership.  The term ?lot?  includes the term ?plot? or ?parcel.?

Lot Line, Rear.  The lot line that is opposite or most distant from the front lot line.  The rear lot line of an irregular, or gore-shaped lot shall, for the purposes of this chapter, be a line entirely within the lot at least ten (10) feet long and parallel to and most distant from the front lot line. 

Lot of Record.  Any lot for which a plat has been recorded in the office of the Register of Deeds of Haywood County or described by metes and bounds, the description of which has been so recorded. 

Lot Width.  The distance between side lot lines measured at the front building line.

Lowest Adjacent Grade (LAG).  The elevation of the ground, sidewalk or patio slab immediately next to the building, or deck support, after completion of the building.  For Zones A and A0, use the natural grade elevation prior to construction. 

Lowest Floor.  The lowest floor of the lowest enclosed area (including the basement).  An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building?s ?lowest floor? provided the enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.

Macro Wireless Communications Facility.  An attached wireless communication facility which consists of antennas equal or less than sixteen (16) feet in height or a parabolic antenna up to one (1) meter (39.37 inches) in diameter and with an area not more than one hundred (100) square feet as viewed from any one point. 

Main Streets.  Traveled ways with design speeds of twenty (20) to twenty-five (25) miles per hour, intended to provide access to neighborhoods and high density residential and commercial areas.

Mall.  A shopping center where stores front on both sides of a pedestrian way that may be enclosed or open. 

Manufactured Home.  A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities.  The structure, while not meeting the standards established by the North Carolina Residential Building Code, shall comply with the standards established by the United States Department of Housing and Urban Development under the National Manufactured Housing Construction and Safety Act of 1974, 42 U.S.C. ? 5401, et seq.  For the purposes of this chapter, units which do not comply with these federal standards and which were built prior to June 15, 1976 shall be classified as "mobile homes."

Manufactured Home Park.  A parcel of land under single ownership that has been planned and improved for the placement of manufactured homes for dwelling purposes.  This definition shall include recreation and service facilities and areas necessary to provide laundry, sanitation, storage and other similar services provided by the community operator for the use and convenience of the manufactured home occupants. 

Market Showroom.  A building or structure used principally for the display of merchandise.

Market Value.   When used for floodplain management purposes means the building value, excluding land value and that of accessory structures or other improvements on the lot, established by an independent certified appraisal, with the replacement cost depreciated by the age of the building and the quality of construction (Actual Cash Value), or, the adjusted tax assessed values.

Mean Sea Level.  The average height of the sea for all stages of the tide.  It is used as reference for establishing various elevations within the floodplain.  For purposes of this chapter, the term in synonymous with National Geodetic Vertical Datum (NGVD).

Micro Wireless Communiations Facility.  An attached wireless communication facility which consists of antennas equal to or less than six (6) feet in height and with an area of not more than five hundred eighty (580) square inches (e.g. one (1) foot diameter parabola or two (2) feet x one and one-half (1.5) feet panel) as viewed from any one point.  A micro facility is also know as a microcell.

Mini Wireless Communications Facility.  An attached wireless communication facility which consists of antennas equal to or less than ten (10) feet in height or a parabolic antenna up to one (1) meter (39.37) inches in diameter and with an area not more than fifty (50) square feet as viewed from any one point. 

Minor Works.  For the purposes of historic resource preservation, a minor work is defined as those exterior changes which do not involve substantial alterations, additions or removals that could impair the integrity of the property and/or the historic district in which it is located.  Such minor works shall be limited to those listed in the historic preservation commission's "Bylaws and Rules of Procedure."

Mobile Home.  A single-family dwelling, factory built and factory assembled, which does not comply with the National Manufactured Homes Construction Safety and Standards Act (42 U.S.C.?5401, 1978, as amended) or the North Carolina Building Code. 

Monopole Wireless Communication Tower.  A wireless communication support structure that consists of a freestanding support structure erected to support wireless communication antennas and connecting appurtenances.  This term shall not include any antenna that is under thirty-five (35) feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas. 

Monument Buildings.   Those buildings within a community that are seen as public or at a minimum, semi-public, and therefore, are important places in the community.  Examples of such buildings are courthouses, municipal buildings, churches, police/fire stations, community centers, schools, etc. 

Motels.  See ?hotels.?

New Construction.  Structures for which the start of construction commenced on or after the effective date of this chapter and includes any subsequent improvements to such structures.  When used for floodplain management purposes the term shall mean structures for which the ?start of construction? commenced on or after the effective date of the original version of the floodplain management regulations and includes any subsequent improvements to such structures. 

New Manufactured Home Park or Subdivision.  A manufactured home park or subdivision fro which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete slabs) is completed on or after January 6, 1983.

Nonconforming Occupied Lot.  A lot containing a structure at the time this chapter was adopted or at the time the lot was brought into the town?s jurisdiction, but which lot does not meet the minimum requirements for the land development district in which it is located.

Nonconforming Open Uses of Land.  An open use on a lot when the only structures are incidental and accessory to the principal open use but which would not be permitted by this chapter in the land development district in which it is located.

Nonconforming Structures Occupying Conforming Lots.  A structure that does not meet the minimum requirements for a structure in the land development district in which it is located but which is located on a lot which does conform to the district requirements.

Nonconforming Uses of Structures.  A structure, said use of which would not be permitted by this chapter in the land development district in which it is located. 

Nonconforming Vacant Lot.  A lot that is not occupied by a building, structure or use and that does not meet the dimensional requirements for the land development district in which it is located.

Nonconformity.  A legal use, structure, and/or development which existed prior to the adoption of this chapter or any amendment thereto, that does not presently conform to this chapter or its amendments.

Non-Encroachment Area.  The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report.

Official Land Development Map.  The official map of the Town of Waynesville, delineating the location of the various land development districts within the town limits and the extraterritorial jurisdiction.  This map serves as the official zoning map for the Town of Waynesville as authorized under the North Carolina General Statutes. 

Outdoor Storage.  The storage of any material for a period greater than forty-eight (48) hours, including items for sale, lease, processing and repair (including vehicles) outside the principal or accessory buildings on a property. 

Overflow Parking.  Event or assembly parking in excess of the minimum required by this chapter which is designed not to be used more than ten (10) times per year.

Parking, Informal.  Parking that is allowed along lanes and residential streets, but is not designated or marked as parking areas. 

Parking Lots and Structures, Commercial.  A parcel of land or portion thereof used for the parking or storage of motor vehicles as a commercial enterprise for which any fee is charged independently of any other use of the premises. 

Parking Space.  An area for parking a vehicle exclusive of access drives and maneuvering space. 

Performance Bond.  A document issued by a surety, in return for a fee or premium, guaranteeing the performance of the terms and conditions of development approval. 

Permeable.  The ability of a building to relate and interconnect its interior with the public realm.  Normally this is accomplished with windows or other similar openings.  When a percentage of permeability is given, it means that the building must contain that certain percentage of windows or other openings that look onto the public or realm from the interior of the building.

Person.  Any individual or group of individuals, partnership, general or limited, firm, association, whether incorporated or unincorporated, corporation, company, firm, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or any governmental or quasi-governmental entity, or other legal entity.

Planning Board.  The Waynesville Planning Board.

Post-FIRM.  Construction or other development which started before the effective date of the initial Flood Insurance Rate Map for the area.

Pre-FIRM.  Construction or other development which started on or after the effective date of the initial Flood Insurance Rate Map for the area.

Premise.  A distinct and definite locality and may mean a room, shop, building, lot, or other definite area.

Principal Building.  The building or structure in which is conducted the principal use of the land development lot on which it is located.  This shall include any buildings that are attached to the principal structure by a covered structure.  Lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages and other clearly accessory uses shall not be considered principal buildings.

Principally Above Ground.  At least 51% of the actual cash value of the structure is above ground.

Principal Use.  The main or primary use of a parcel of land. 

Produce Stands, In Conjunction with Crop Production.  A temporary open air stand or place for the seasonal selling of agricultural produce, located on the same development parcel upon which the produce is grown. 

Public or Private Parks, Active.  Land owned or controlled for the purpose of providing active recreation pursuits.  Active recreation shall include such things as running tracks and tennis courts. 

Public or Private Parks, Passive.  Land owned or controlled for the purpose of providing passive recreation pursuits.  Passive recreation shall include such things as trail systems and interpretive programs that take advantage of the natural resources located within the park as well as playground areas for children.  Passive recreation shall not include active recreational facilities such as swimming pools, tennis courts, and playing fields.

Public Recreation Facilities.  Facilities, other than parks, owned or controlled by a public entity for the purpose of providing recreational pursuits.  Public recreation shall include such facilities as indoor swimming pools, gymnasiums, and indoor tracks.

Public Safety and/or Nuisance.  Anything which is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

Public Sewer System.  Any sewer system owned and operated by a local government, or other sewage treatment facility serving two (2) or more connections, or any wastewater treatment system having a discharge to surface waters when approved by the North Carolina Division of Environmental Management, or a ground absorption system serving two (2) or more connections when approved by the county sanitarian.

Public Water System.  A system for the provision to the public of piped water for human consumption if the system serves more than fifteen (15) or more service connections or which regularly serves twenty-five (25) or more year-round residents.

Recreation, Indoor.   A commercial recreational land use conducted entirely within a building.

Recreation, Outdoor.  A commercial recreational land use predominately conducted in open or partially enclosed or screened facilities. 

Recreational Vehicle (RV).  A vehicular-type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle.  As it relates to floodplain management regulations, a ?Recreational Vehicle? means a vehicle which is:  (a) built on a single chassis; (b) 400 square feet or less when measured at the greatest horizontal projection; (c) designed to be self-propelled or permanently towed by a light duty truck; and (d) not designed for the use as a permanent primary dwelling, but as a temporary living quarters for recreational, camping, travel, or seasonal use. 

Recycling Collection Stations.  A center for the acceptance by donation, redemption, or purchase, of recyclable materials from the public.

Reference Level.  Is the portion of a structure or other development that must be compared to the regulatory flood protection elevation to determine regulatory compliance.  For structures within Special Flood Hazard Areas designated as Zone A1-A30, AE, A, A99 or A0, the reference level is the top of the lowest floor or bottom of the lowest attendant utility including ductwork, whichever is lower.

Regulatory Flood Protection Elevation.  The elevation, in relation to mean seal level, to which the reference level of all structures and other development located within Special Flood Hazard Areas must be protected.  Where Base Flood Elevations (BFEs) have been determined, this elevation shall be the BFE plus one (1) foot of freeboard.  Where no BFE has been established, this elevation shall be at least two (2) feet above the highest adjacent grade.

Remedy a Violation.   To bring the structure or other development into compliance with State and Community floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance.  Methods of reducing impact include protecting the structure or other affected development from flood damages; implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations; or, reducing Federal financial exposure with regard to the structure or other development.

Repetitive Loss.  Flood-related damages sustained by a structure on two (2) separate occasions during any ten (10) year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty-five percent (25%) of the market value of the structure before the damage occurred.

Riverine.  Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Residential Care Facilities.  A staffed premises (not a single-family dwelling) with paid or volunteer staff where individuals in need of full-time care receive such care.  Residential care facilities include group homes (NCGS ?131D), nursing homes (NCGS ? 131E-101), residential child-care facilities (NCGS ? 131D-10.2), assisted living residences (NCGS ? 131D-2), adult care homes (NCGS ?131D-2) and orphanages.  This term is distinguished from family care homes. Halfway houses and special congregate facilities.

Riding Stables.  An establishment where horses are boarded and cared for, and where instruction in riding, jumping and showing and/or the hiring of horses for riding is offered.

Ridgeline.  A line connecting the highest points along a ridge and separating drainage basins or small-scale drainage systems from one another.

Salvage Yard.  Any non-residential property used for the storage, collection, and/or recycling of any type of equipment, and including but not limited to vehicles, appliances and related machinery.

Scale.  The scale of a building is a function of the size of the individual pieces of a building and their relationship to each other.  The scale of a building is important in order to contribute to the overall diversity of building types, to give visual interest (especially at the slow speeds common in a small town), and to maintain compatibility between buildings and the character of a small town.
 
Scale diagram

Scale, Neighborhood Center.  A building built to the scale of a neighborhood center may be up to three (3) stories tall  The length/width of the building that faces a street must be articulated in sections that are not longer than the building is tall (see above diagram).  Major changes in the nature of the fa?ade suffice for massing changes, and these may take the form of protrusions, changes in the architecture of the fa?ade (making it appear as two different facades), etc..

Where protrusions or other such entities are used, there must be a depth change of at least 2 feet, and this change must occur along the majority of the height of the building (see ?d? in the above diagram).

Scale, Residential.  A building built to a residential scale may be up to 3 stories tall.   The length/width of any part of the building that faces a street must be articulated in sections that are not longer than the building is tall (see above scale diagram).  Major changes in the nature of the fa?ade suffice for massing changes, and these may take the form of protrusions, changes in the architecture of the fa?ade (making it appear as two different facades), etc..

Where protrusions or other such entities are used, there must be a depth change of at least 6 feet, and this change must occur along the majority of the height of the building (see ?d? in the above diagram).

Scale, Small Residential.  A building built to a small residential scale may be up to 3 stories tall.   The length/width of any part of the building that faces a street must be articulated in sections that are not longer than .75 times the height of the building (see above scale diagram).  Major changes in the nature of the fa?ade suffice for massing changes, and these may take the form of protrusions, changes in the architecture of the fa?ade (making it appear as two different facades), etc..

Where protrusions or other such entities are used, there must be a depth change of at least 8 feet, and this change must occur along the majority of the height of the building (see ?d? in the above diagram).

Seasonal Business.  A business use of a property that operates for only a portion of a year but which continues to operate each year at the same time.  Examples of seasonal businesses include: fruit stands, Christmas tree sales, etc. 

Shielded (Light).  Outdoor lighting features constructed so that light rays emitted by a light fixture are projected below the horizontal plane passing through the lowest point on the fixture from which light is emitted.

Shopping Centers.  A group of mostly commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site.  (See also "Mall").

Sign.  Any display of letters, words, numbers, symbols, emblems, pictures or any combination thereof made visible for the purpose of attracting attention or of making something known, whether such display be made on, attached to, or constructed as part of a building, structure, vehicle or object. 

Sign, Abandoned.  A sign that advertises an activity or business no longer conducted on the property on which the sign is located.

Sign, Directional.  A sign or guide whose sole purpose is to direct pedestrian or vehicular traffic on the premises on which it is displayed.  Examples include:  "entrance,"  "exit," "driveway", "one-way traffic,"  etc.

Sign, Face.  The part of the sign that is or can be used to identify, advertise, or communicate information or for visual representation that attracts the attention of the public for any purpose.

Sign, Facsimile.  An over-sized, three dimensional object, such as an automobile, human figure, etc. that may or may not contain advertising matter, and may or may not contain information about products sold on the premises, and is located in such a manner as to attract attention.

Sign, Incidental.  A single-faced sign attached wholly to a building, window or door containing information relative to emergencies, store hours, credit cards honored and other similar accessory information.

Sign, Monument.  A ground sign that is mounted generally flush with the surrounding grade.  It may not be attached  to a pole or pylon, nor raised by mounting on a man-made berm, wall, or similar structure. 

Sign, Movable.  A sign that may be moved from one location to another, is not permanently affixed to the ground, and is differentiated from a portable sign in that it may be equipped for transporting by motor vehicle or other mechanical means and includes sign referred to as trailer signs. 

Sign, Off-Premise.   A sign identifying/advertising and/or directing the public to a business, or merchandise, or service, or institution, or residential area, or entertainment which is located, sold, rented, leased produced, manufactured and/or furnished at a place other than the real property on which said sign is located.  This definition shall include signs commonly referred to as ?outdoor advertising? or ?billboards.?

Sign, Portable.  A sign that is movable by a person without aid of a motor vehicle or other mechanical equipment. 

Sign, Real Estate.  Temporary signs advertising the sale, rental or lease of property.

Sign, Temporary.  A sign advertising a special event or sale and not intended to be displayed on a permanent basis.

Slope.  A vertical rise in feet measured over a horizontal distance, usually expressed in percent or degrees.

Slope, Percent of.  The ratio of vertical rise or fall to horizontal distance of terrain measured perpendicular to the contour lines at horizontal intervals of more than ten (10) feet.

Solid Waste Disposal Facility.  Any facility involved in the disposal of solid waste, as defined in NCGS 130A-290(a)(35).

Solid Waste Disposal Site.  Defined as in NCGS 130A-290(a)(36).

Special Congregate Facilities.  Congregate facilities characterized by a clientele composed of persons who generally do not possess personal automobiles to assist them in their daily transportation throughout the town and its vicinity.  Such facilities may include indigent care, shelter facilities, hostels and similar facilities.  This term is distinguished from family care homes, halfway houses and residential care facilities.

Special Flood Hazard Area.  The land in the floodplain subject to a one (1%) percent or greater chance of being flooded in any given year as determined in Article 3, Section B of this ordinance.

Start of Construction.  The date the building permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition, or improvement was within one hundred and eighty (180) days of the permit date.  The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, 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. 

Stealth Facilities.  Telecommunications facilities designed to blend into the surrounding environment or integrated into the physical structure to which it is attached. 

Story.  A space in a building between the surface of any floor and the surface of the next floor above, and if there is no floor above, then the space between such floor and the ceiling or roof above; provided, however, that where the floor level of the first story is at least five feet below the adjoining finished grade, the space shall be considered a basement and not counted as a story.

Street.  Except as specifically defined for design purposes at Sec. 154.309(C)(3), the term ?street? is generally used in this chapter to mean any public thoroughfare, avenue, road or boulevard which has been dedicated or deeded to the public for public use. 

Street Yard.    A required open yard area in which street trees are plated.   

Streetwall.  An opaque freestanding wall or landscaping hedgerow, built on the front property line or on the line of the street side of a fa?ade of a building. The purpose of constructing a streetwall is to create continuity in the line of building facades along the street and to mask parking or outdoor storage from adjacent street and pedestrian ways.

Structure.  A walled and roofed building that is principally above ground, a gas or liquid storage tank, or other man-made facilities or infrastructure.  For floodplain management purposes ?principally above ground? means that at least 51% of the actual cash value of the structure is above ground. 

Subdivider.  Any person firm or corporation who subdivides or develops any land deemed to be a subdivision as defined in this section.

Subdivision.  All divisions of a tract or parcel of land into two (2) or more lots, building sites or other divisions for the purpose, whether immediate or future, of sale or building development. This definition shall include all division of land involving the dedication of a new street or a change in existing streets.  However, the following shall not be included within this definition nor be subject to the regulations:

(1) The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the town as shown by the regulations prescribed by this chapter.

(2) The division of land into parcels greater than ten (10) acres where no street right-of-way dedication is involved.

(3) Public acquisition by purchase of strips of land for the widening or opening of streets.

(4) The division of a tract in single ownership, whose entire area is not greater than two (2) acres, into not more than three (3) lots, where no street right-of-way dedication is involved, and where the resultant lots are equal to or exceed the standards of the town, as required by this chapter.

(5) The conveyance to lineal descendants for the purpose of dividing real estate among said lineal descendants.  At such time that any lineal descendants or his or her successors in interest develop or build upon their respective property, the property must conform in all respects to the provisions of this chapter. 

Subdivision, Major.  The division of a tract of land into six (6) or more lots and/or the division of land which involves the dedication of public streets or utilities.

Subdivision, Minor.  The division of a tract of a land into no more than five (5) lots and which does not involve the dedication of public streets or utilities.

Substantial Damage.  For flood damage prevention purposes, damage of any origin sustained by a structure, whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. 

Substantial Improvement.  For flood damage prevention purposes, any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the "start of construction" of the improvement.  This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed.  The term does not, however, include any project of improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the building inspector and which are the minimum necessary to assure safe living conditions.  The term also does not include any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. 

Substantially Improved Existing Manufactured Home Park or Subdivision.  Where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds fifty (50) percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced. 

Swine Farms.  A tract of land devoted to raising two hundred and fifty (250) or more animals of the porcine species. 

Taxidermist.  An establishment engaged in the operation of preparing, stuffing and mounting the skins of dead animals for exhibition. 

Theaters, Live Performance, Indoor.  A fully enclosed structure designed and used for dramatic, operatic or other performances.

Theaters, Live Performance, Outdoor.   An establishment for the performing arts with open-air seating for audiences. 

Traveled Way.   That portion of a public right-of-way that is improved for use by self-propelled vehicles or bicycles, including paved or gravel areas and any other area intended for vehicle movement. 

Utility Company Offices.  The administrative offices for operations related to the provision, distribution, collection, transmission or disposal of water, storm and sanitary sewage, oil, gas, power, information, telecommunication, telephone and cable services. 

Utility Lines and Related Appurtenances.  All lines and supporting apparatus or equipment related to the distribution, transmission or disposal of water, storm and sanitary sewage, natural gas, power, and telephone and telecommunication cable.  "Related appurtenances" shall include such things as: sewage pump stations, telephone poles, hydrants, transformers, switching boxes, and other similar structures. 

Utility Service Facilities.  Facilities principally used for servicing operations related to the provision, distribution, collection, transmission or disposal of water, storm and sanitary sewage, oil, gas, power, information, telecommunication, telephone and cable services. 

Utility Substation.  A structure or facility for transforming or transmitting a service provided by a utility company to include private utility systems such as telephone, electric, water, sewer, gas, power, etc., but not including telecommunication towers or other telecommunication devices.   

Variance.  A grant of relief from the requirements of this chapter which permits construction or development in a manner that would otherwise be prohibited by this chapter. 

Violation.  As used for floodplain management purposes means the failure of a structure or other development to be fully compliant with the community?s floodplain management regulations.  A structure or other development without the elevation certificate, or other evidence of compliance is presumed to be in violation until such time as that documentation is provided.

Watercourse.  A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically.  Watercourse includes specifically designated areas in which substantial flood damage may occur.

Water Surface Elevation.  The height in relation to mean sea level (existing grade in case of Zone AO), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

Yard. An open, unoccupied space at grade defined by measuring perpendicularly from and along the entire boundary of the lot (property line) to the building line, except front and street yards shall be measured from the edge of the traveled way. 

Yard, Front.  An open, unoccupied space on the same lot with a principal building, extending the full width of the lot, and situated between the front line of the building (projected to the side lines of the lot) and the edge of the traveled way.

Yard, Rear.  Open space extending across the full width of a lot between the rear line of the lot and the nearest line of the building or projection therof.  The depth of such yard is the shortest horizontal distance between the rear lot line and the nearest point of the building.  When the lot comes to a point at the rear, the depth of rear yard is measured to an assumed rear lot line,  as defined at ?lot line, rear.?

Yard, Side.  A yard between a principal building and the side lot line, extending from the front yard to the rear yard, or front lot line to rear lot line where no front yard or rear yard is required.  The width of the required side yard shall be measured horizontally from the nearest point of the side lot line to the nearest point of the building. 

154.032-154.049. RESERVED.