Unified Development Ordinance

Article 12.2. Defined Terms

Article 12.2. Defined Terms aaron.sheppard… Mon, 05/08/2023 - 10:45

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Accessory Dwelling Unit
An Accessory Dwelling Unit (ADU) is a self-contained dwelling unit that is located on the same lot as a principal dwelling that meets the regulations identified in Section 2.6.3.D. An Accessory Dwelling Unit may be located above a garage. Accessory Dwelling Units may be detached, attached, or internal to the principal dwelling. Only residential uses are permitted in Accessory Dwelling Units.

Accessory Structure
Unless otherwise specifically regulated elsewhere herein, a structure with height greater than 4 feet that is subordinate in both purpose and size that is incidental to and customarily associated with any principal structure that is located on the same lot and detached from the principal structure.

Accessory Use
Any use subordinate in both purpose and size that is incidental to and customarily associated with any principal use that is located on the same lot. Accelerated Erosion Any increase over the rate of natural erosion which results from land-disturbing activities.

Active Tree Preservation
Arboricultural practices designed to ensure survival of existing trees by the protection of critical root zones from tree disturbing activities and the application of one or more arboricultural maintenance procedures, including but not limited to: watering, fertilizing, pruning of trees, pruning of roots and aeration.

Addition (to an existing buidling)
Any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls is “new construction.”

Adequate Erosion Control Measure
Any structure, device or measure which controls accelerated erosion, retains stormwater and prevents off-site sedimentation.

Adult Cabaret
Any place which features topless dancers, go-go dancers, strippers, male or female impersonators or similar entertainers.

Adult Establishment
Adult cabarets, adult media centers, sadomasochism centers and any place contained in N.C. Gen. Stat. §14-202-10(b), excluding masseurs.

Adult Media Center
Any place:

  1. Which receives a majority of its gross income during any calendar month from the sale, rental or both of books, periodicals, magazines, videotapes, CDROM, computer software, movies and other products offered in photographic, print, electronic, magnetic or digital or other imaging medium which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified anatomical areas” as defined in N.C. Gen. Stat. §14-202.10(10) or “specified sexual activities” as defined in N.C. Gen. Stat. §14-202.10(11); or “sexually oriented devices” as defined in N.C. Gen. Stat. §14- 202.10(9) or any combination thereof; or
  2. Having as a preponderance of its books, periodicals, magazines, videotapes, CD-ROM, computer software, movies and other products offered in photographic, print, electronic, magnetic or digital or other imaging medium which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified anatomical areas” as defined in N.C. Gen. Stat. §14-202.10(10) or “specified sexual activities” as defined in N.C. Gen. Stat. §14-202.10(11); or “sexually oriented devices” as defined in G.S. 14-202.10(9) or any combination thereof.

Affected Area
An area which will potentially suffer special damages, distinct from the rest of the community, by the determination of a quasi-judicial body. The boundaries of an affected area will vary depending on the particular subject matter to be decided by the quasi-judicial body.

Affordable Housing
Housing that is affordable to and occupied by families with an annual household income of no greater than 60% of area median income, adjusted for household size, according to the then-current income limits established by the United States Department of Housing and Urban Development in accordance with Section 3 of the U.S. Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) or any successor legislation. An affordable rental housing development has a minimum of 10% affordable rental housing units and has a compliance period of at least 30 years.

Agricultural Produce
Fresh farm or garden-produced crops and goods, the majority of which were grown and harvested in North Carolina including, but not limited to, fruits, vegetables, eggs, nuts, honey and fresh-cut flowers.

Attic
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An unfinished space between roof framing and the ceiling of rooms below that is accessed by ladder or permanent stairs. This area is used for storage or mechanical equipment and cannot be used as habitable space. If an attic is converted to a habitable space, such conversion shall cause the area to be deemed as an additional story

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Banner
Any sign, except an awning sign, made of flexible, fabric-like material.

Basal Area
The total cross sectional area, stated in square feet per acre, of trees in a wooded area measured at 4½ feet above ground level.

Base Flood Elevation (BFE)
A determination of the water surface elevations of the base flood based on current conditions hydrology or future conditions hydrology as published in the flood insurance study. When the BFE has not been provided in a flood hazard area, it may be obtained from engineering studies available from a Federal or State other source using FEMA approved engineering methodologies. This elevation, when combined with 2 additional vertical feet establishes the regulatory flood protection elevation in flood hazard areas.

Base Flood
The flood having a 1% chance of being equaled or exceeded in any given year.

Base Flood Elevation (BFE)
A determination of the water surface elevations of the base flood based on current conditions hydrology or future conditions hydrology as published in the flood insurance study. When the BFE has not been provided in a special flood hazard area, it may be obtained from engineering studies available from a Federal or State other source using FEMA approved engineering methodologies. This elevation, when combined with 2 additional vertical feet establishes the regulatory flood protection elevation in special flood hazard areas.

Basement
Any area of a building having its floor subgrade (below grade level) on all sides.

Being Conducted
A land-disturbing activity has been initiated, but permanent stabilization of the site has not been completed.

Bicycle parking
This refers parking spaces and area for bicycles and scooters, whether motorized or not.

Block
A an area of land enclosed by streets and occupied by or intended for buildings.

Building Coverage
The maximum area of a lot that is permitted to be covered by roofed buildings or structures. Building coverage does not include paved areas such as parking lots, driveways or pedestrian walkways.

Building Facade
The face of a building that delineates the edge of conditioned floor space.

Building Foundation Wall
A structural portion of a building that serves to retain grade or maintain a continuous ground floor elevation. A building foundation wall is an integral part of the structure of a building.

Built Area
The sum of the horizontal areas of materials existing or placed at the ground surface that have impervious surfaces, as defined herein, that are not 0% impervious, including but not limited to permeable and semi-permeable pavements and pavers, green roofs, and living roofs.

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Caliper
The diameter of nursery‐grown trees measured at a point on the tree 6 inches above soil line for trees up to 4 inches caliper or measured at a point on the tree 12 inches above soil line for trees greater than 4 inches caliper. Caliper is the measurement used to specify sizes of new or replacement trees planted to meet the requirements of this UDO.

Casualty
Damage or destruction which is caused by the exercise of the power of eminent domain; man-made acts such as riot, fire, accident, explosion; or flood, lightning, wind or other calamity or act of nature.

Champion Tree
Any tree listed as the champion or co-champion of its species, either on the “National Big Tree” list as compiled by the American Forestry Association or on the “Champion Big Trees of North Carolina” list as compiled by the North Carolina Division of Forest Resources or on the “Capital Trees Program” list as complied by Wake County Keep America Beautiful.

Charitable Institution
Establishments that are primarily engaged in administration of programs of financial assistance, training, counseling and other services to individuals or organizations, but not providing housing or shelter.

Closed Fence or Wall
A fence or wall which has no openings and contains shiplap or tongue and groove or similar overlapping design if made of wood.

Civic Club
A not for profit club for civic, social or fraternal purposes operated by a civic, social or fraternal organization, including offices for local, State and regional officials, not including a political party club.

Completion of Construction or Development
No further land-disturbing activity is required on a phase of a project except that which is necessary for establishing a permanent ground cover.

Comprehensive Plan
Refers to the 2030 Comprehensive Plan (latest addition) for the City of Raleigh.

Conservation Development
A conservation development trades smaller lot sizes (with smaller setbacks) and additional density in exchange for protecting a significant amount of open space.

Construction Permit
A zoning permit, grading permit, right-of-way permit, driveway permit, tree conservation area permit or utility plan permit.

Construction Sign
Any temporary sign erected during construction which may indicate the project name and the names of architects, contractors, subcontractors, developers, rental agencies, financial institutions or other principals involved in the sponsorship, design and construction of a structure or project.

Convention Center, Arena
A place of assembly that charges for meeting or exhibition areas and such areas either contain North Carolina Building Code occupancy limits of more than 800 people or have meeting and exhibition areas that total more than 12,000 square feet.

Copy
The wording or pictorial graphics on a sign surface either in permanent or removable form.

Copy (Area of)
The square or rectangular area which fully encloses the extreme limits of the message, copy, announcement or decoration on a sign.

Corner Lot
A lot that has frontage along two or more intersecting streets. Where a street curves so that any two adjacent 100-foot chords thereof form an angle of 110 degrees or less, measured along the centerline of the street, such curve shall be construed as an intersecting street.

Courtyard
An open space, either landscaped, hardscaped or both surrounded by structure(s). Vehicular surface area and parking are not permitted within a courtyard.

Critical Root Zone
The area uniformly encompassed by a circle with a radius equal to 1¼ feet per inch of DBH tree trunk of the preserved tree measured at 4½ feet above the ground (measured to the nearest inch), with the trunk of the tree at the center of the circle. The minimum radius shall not be less than 7 feet.

Current Conditions Hydrology
The flood discharges associated with the land-use conditions existing within the drainage area of a watercourse at the time a flood study of the watercourse was conducted. Current conditions flood discharges and historical flood study information are published in the flood insurance study.

Cutoff Fixture
An outdoor light fixture shielded or constructed in such a manner that no more than 2½ % of the total light emitted by the fixture is projected above the horizontal plane of the fixture.

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Decorative Fence
An open or solid fence or wall that matches or complements the adjacent primary structure on the site. This shall not include a fence that is required to satisfy any provision of this UDO, any retaining wall, any security fence such as chainlink and shall not be available for purchase in stores.

Department of City Planning
The agency designated and established by City Council to plan, direct and coordinate the operation and application of the Unified Development Ordinance (UDO).

Developer
A site planner or subdivider.

Development
Any site plan or subdivision.

Development (in a Special Flood Hazard Area)
Development in a special flood hazard area is 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.

Development‐related Improvements
Includes streetscape, sidewalk, street, storm drainage, bicycle infrastructure, greenways, transit facilities, utilities, pavement, curb and gutter, turning lanes, acceleration lanes and deceleration lanes.

Development Services Department
The agency designated and established by City Council which provides a onestop resource for all development reviews, inspections, and permits from initial application through certificate of occupancy.

Development Services Director The chief administrator as designated by the City Manager to plan, direct and coordinate the operations of the department, the UDO, and the North Caroline State Building Code.

Diameter at Breast Height (DBH)
The diameter of the trunk of a single-trunk tree measured at 4½ feet (breast height) above grade level or the total diameter of all stems of a multi-trunk tree measured at 4½ feet above grade. 

Discharge Point
That point at which runoff leaves a tract of land.

Display Area
An outdoor open air area where merchandise is stored throughout the day and night and this same stored merchandise is sold or leased, not including the display area for any motor vehicle, trailer or semi-trailer (see vehicular display area).

Drainage Basin Study Maps
Flood hazard boundary maps adopted by the City. Special flood hazard areas and the base flood elevations shown on drainage basin study maps are based on future conditions hydrology.

Dwelling Unit
A building or portion of a building providing complete and permanent living facilities, including cooking and bathing facilities.

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Electric Vehicle (EV) Capable Space 
A vehicle parking space served by infrastructure that can accommodate future EV chargers. It is connected by a continuous electrical conduit or raceway to an electrical panel or panel room with sufficient space to accommodate future charging and wiring. 

Elevated Building
An above-ground building built to have the top of the elevated floor above the ground by means of pilings, columns (posts and piers), shear walls parallel to the flow of water; and adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. Elevated building also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.

Energy Dissipator
An adequate erosion control measure placed at the outlets of storm drainage facilities or at other points as specified by this chapter to receive and breakdown the energy from high velocity flow.

Engineering Services Department
The Engineering Services Department is responsible for overseeing the design and construction of roadway, stormwater and facility improvement projects to ensure the safety and sustainability through diligent review and thorough inspections as well as cost effective maintenance of existing system components. Services include facility construction management, roadway design and construction, facility maintenance, vehicle fleet services, and stormwater management.

Engineering Services Director
The chief administrator as designated by the City Manager to plan, direct and coordinate the operations of the department.

Ephemeral (Stormwater) Stream
A feature that carries only stormwater in direct response to precipitation with waters flowing only during and shortly after large precipitation events. An ephemeral stream may or may not have a well-defined channel, the aquatic bed is always above the water table and stormwater runoff is the primary source of water. An ephemeral stream typically lacks the biological, hydrological and physical characteristics commonly associated with the continuous or intermittent conveyance of water.

Excessively Trimmed
The pruning, cutting, or otherwise damaging the natural form of a tree when it meets one or more of the following:

  1. Removes more than 25% of the crown system of a tree within a continuous five-year period.
  2. Removes, cuts or covers more than 25% of the root system of a tree within a continuous five-year period.
  3. Fails to conform to the pruning cuts methods set forth in the current edition of "Tree, Shrub, and Other Woody Plan Maintenance - Standard Practices" of the American National Standards Institute.
  4. Is made for a purpose other than "hazard pruning," or "utility pruning," or "maintenance pruning," as set forth in the current edition of "Tree, Shrub, and Other Woody Plant Maintenance - Standard Practices" of the American National Standards Institute.
  5. Is crown reduction, heading, vista pruning, or pollarding as set forth in the current edition of "Tree, Shrub, and Other Woody Plant Maintenance - Standard Practices" of the American National Standards Institute.

Erosion
The wearing away of the land surface by the action of wind, water, gravity or any combination thereof.

Existing Transit Route
Any fixed-route public transit service operated by or on behalf of a public transit agency and shown on the current system map of the agency.

Exterior Features
Important landscape and natural features, significant archaeological features, 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, color and scale of the building and the type, color, style of all windows, doors, light fixtures, signs and other appurtenant fixtures. In the case of outdoor signs, exterior features shall be construed to mean style, material, size, color and location of all such signs.

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Face of Sign (Sign Face)
The entire surface area of a sign upon, against or through which copy is placed.

Flashing Sign
Any sign which contains an intermittent, blinking, scintillating or flashing light source or which includes the illusion of intermittent or flashing light or an externally mounted intermittent light source.

Flood or Flooding
The general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of streams, rivers or other inland water.

Flood Hazard Boundary Map
The official map of the City on which appears a description of the boundaries of special flood hazard areas, including representations of the floodway, floodway fringe, future conditions flood hazard areas. The map is applicable to the community within the corporate limits and within the extraterritorial jurisdiction of the City. The flood hazard boundary map(s) consist of flood insurance rate maps and drainage basin study maps, flood hazard soils plus additional distances required in this UDO and recorded flood storage areas required by this UDO. The floodway areas, floodway fringe areas and future conditions flood hazard areas shown and illustrated on floodway hazard boundary maps are hereby adopted as official flood hazard boundary maps and floodway maps for the City and extraterritorial jurisdiction of the City. These maps and other data are hereby incorporated herein by reference and duly made a part of this chapter. The most recent maps and data officially approved by the City Council are identified in the evidence of the Council’s action and are kept on file with the City for public inspection.

Flood Hazard Soils

Those types of soils in the relatively flat areas associated with natural watercourses which are subject to periodic flooding. The types of soils and their corresponding symbols are as follows:

Name Map Symbol
Altavista fine sandy loam, 0% to 4% slopes AfA
Augusta fine sandy loam Au
Buncombe soils Bu
Chewacla soils Cm
Congaree fine sandy loam Co
Congaree silt loam Cp
Mantachie soils Me
Roanoke fine sandy loam Ro
Wahee fine sandy loam Wh
Wehadkee silt loam Wn
Wehadkee and Bibb soils Wo

Flood Insurance Rate Map (FIRM)
An official map of the city on which appears a description of the boundaries of special flood hazard areas, including representations of the floodway, floodway fringe, future conditions flood hazard areas and a delineation of the risk premium zones applicable to the community within the corporate limits and within the extraterritorial jurisdiction of the City. The flood insurance study, Wake County, Federal Emergency Management Agency, latest publication, consisting of (i) flood insurance rate maps and (ii) other pertinent data furnished by the Federal Emergency Management Agency (FEMA) and the U.S. Army Corps of Engineers, to the City, showing and illustrating floodway areas, floodway fringe areas and future conditions flood hazard areas are hereby adopted as official flood hazard boundary maps and floodway maps for the City and extraterritorial jurisdiction of the City. These maps and other data are hereby incorporated herein by reference and duly made a part of this UDO. The most recent maps and data officially approved by the City Council are identified in the evidence of the City Council’s action and are kept on file in Engineering Services for public inspection.

Flood Insurance Study
An examination, evaluation and determination of flood hazards, corresponding water surface elevations (if appropriate), flood hazard risk zones and other flood data in a community issued by the Federal Emergency Management Agency. The flood insurance study report includes flood insurance rate maps (FIRM).

Flood Lamp
A form of lighting designed to direct its output in a specific direction with a reflector formed from the glass envelope of the lamp itself. Such lamps are so designated by the manufacturers and are typically used in residential outdoor area lighting.

Flood Light
A form of lighting designed to direct its output in a diffuse, more or less specific direction, with reflecting or refracting elements located external to the lamp.

Floodplain Administrator
The individual appointed to administer and enforce special flood hazard area regulations

Floodplain, Floodprone or Flood Hazard Area The maximum area, adjoining a river, stream, watercourse or lake which is likely to be flooded, by the base flood or the future conditions flood. The flood -plain, -prone and/or -hazard area includes “floodway” areas, “floodway fringe” areas and future conditions flood hazard areas. These areas are illustrated on flood hazard boundary maps, flood hazard soils plus additional distances, recorded flood storage areas required by this UDO and drainage basin study maps.

Floodproofing
Any combination of structural and nonstructural features, additions, changes or adjustments to properties and structures in accordance with or comparable to guidelines set forth in “Floodproofing Regulations” June 1972 edition, published by the Office of the Chief Engineers U.S. Army, Washington, D.C. for an essentially dry floodproof class (W2).

Floodway
That portion of channels of streams and areas of land adjacent thereto within the City and its extraterritorial jurisdiction necessary to carry and discharge the waters of the base flood without increasing the water surface elevation of that flood more than 1 foot at any point, and those areas illustrated on the maps referred to in the definition of flood hazard boundary map, and those areas adjoining watercourses draining 1 square mile or more of watershed which lie within the outermost boundaries of either the flood hazard soils or the made land which traverse such soils lying along said watercourses, and those areas required by this UDO to be delineated as flood storage areas or are delineated as a special flood hazard areas on the drainage basin study maps.

Floodway Fringe
That portion of the special flood hazard area outside the floodway and illustrated on the map referred to in the definition of flood hazard boundary map above. The floodway fringe for watercourses not defined on maps referred to in the definition of flood hazard boundary map above are herein defined for those areas adjoining watercourses draining less than 1 square mile of watershed as the flood hazard soils plus 2 additional vertical feet from the outermost boundaries of either said soils or the made land which traverse such soils lying along said watercourses and the floodway fringe for those areas adjoining watercourses 1 square mile or more is defined as lands which lie 5 vertical feet from the outermost boundaries of either the flood hazard soils or the made land which traverse such soils lying along the watercourse.

Footcandle (FC)
A quantitative unit measuring the amount of light cast onto a given point, measured as 1 lumen per square foot.

Forest Management
A woodland area where all of the following occur:

  1. The growing of trees;
  2. The harvesting of timber, leaves or seeds;
  3. The regeneration of trees by the replanting of trees at the rate of 1 inch caliper per every 100 square feet of tree disturbing activity area within 220 days of harvesting; and
  4. The application of “best management practices,” including the NC Department of Environment, Health and Natural Resources, “Forest Practice Guidelines Related to Water Quality”—Title 15A North Carolina Administrative Code, subchapter 11, sections 1.101—.0209 and all successor documents.
  5. A forest management plan is prepared or approved either by a professional forester registered in the State of North Carolina or by the North Carolina Forest Service. Copies of the forest management plan shall be provided to the City upon request.

Freestanding Retaining Wall
A wall that serves to retain soil where the change in ground elevation exceeds to the angle of repose of the soil. A freestanding wall can be completely disconnected from a building. It can also touch a building, but should not be a structural element that is needed to support the building.

Frontage
There are 8 frontages, including: Parkway (-PK), Detached (-DE), Parking Limited (-PL), Green (GR), Green Plus (GP), Urban Limited (UL), Urban General (-UG) and Shopfront (-SH). Front Wall Plane The building facade facing the primary street right‐of‐way. If this facade contains wall articulation, the entire length of the articulated wall shall constitute the front wall plane. Bay windows shall not be considered part of the front wall plane.

Front Yard
The area located between the front line of a building or structure and the front boundary of a lot or an existing or proposed street right-of-way and extending along the entire width of the lot.

Full Cutoff Fixture
An outdoor light fixture shielded or constructed in such a manner that it emits no light above the horizontal plane of the fixture.

Future Conditions Flood
The flood having a 1 percent chance of being equaled or exceeded in any given year based on future conditions hydrology.

Future Conditions Flood Elevation
A determination of the water surface elevations of the 1 percent annual chance flood based on future conditions hydrology as published in the flood insurance study. This elevation, when combined with 2 additional vertical feet, establishes the regulatory flood protection elevation in future conditions flood hazard areas.

Future Conditions Flood Hazard Area
The land area that would be inundated by the 1 percent annual chance flood based on future conditions hydrology as determined in this UDO.

Future Conditions Hydrology
The flood discharges associated with projected land use conditions based on Raleigh’s zoning maps or the Comprehensive Plan’s Future Land Use Map or both and without consideration of projected future construction of flood detention structures or projected future hydraulic modifications within a stream or other waterway such as bridge and culvert construction, fill and excavation. Future conditions flood discharges are published in the flood insurance study.

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Glare
The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, to cause annoyance, discomfort or loss of visual performance and ability.

Governmental Entity
Any department, commission, agency or other instrument of the Federal, State, County or municipal government.

Green Stormwater Infrastructure (GSI)
Any of a number of practices that, used individually or collectively, contribute to managing, treating, and reducing stormwater runoff from a development or redevelopment site, as close as possible to the runoff's source, by preserving natural landscape features (such as vegetation, soils, hydrology, and natural processes) and/or by mimicking natural processes through installation and maintenance of structurally engineered devices (such as bioretention cells, bioswales, permeable paving/pavers, green roofs, stormwater street trees, and cisterns). In addition to contributing to stormwater management, GSI practices can enhance site aesthetics, improve air quality, reduce urban heat island impacts, provide shading, create wildlife habitat, reduce energy consumption, reduce infrastructure costs, and increase property values.

Gross Floor Area
The sum in square feet of the gross horizontal area of all floors of a building measured from the exterior walls or from the centerline when 2 buildings or units abut. Gross floor area includes basement floor area when more than 50% of the basement height is above the established curb level or above the finished lot grade level where the curb level has not been established. Elevator shafts, stairwells, floor space used for mechanical equipment, attics, internal balconies and mezzanines, and floor area devoted to accessory uses are included in the calculation of gross floor area. However, the following shall not be included: any space devoted exclusively to on-site parking; outdoor loading, display, storage, utility service areas; and/or uninhabited enclosed space on tops of roofs; or attic space having head room of less than 7' 10". Attached garages shall be included in the calculation of gross floor area.

Ground Cover
Any living or nonliving material incorporated in or covering the surface of the soil which controls accelerated erosion and prevents off-site sedimentation in accordance with this chapter.

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Hazardous Tree
A tree is hazardous when it meets all of the following as determined by a Certified Arborist:

  1. It has a structural defect that predisposes the entire tree, or at least 1/5 or more of the tree's crown, to structural failure;
  2. The DBH of the tree predisposed to structural failure is at least 10 inches, or the diameter of the crown limb(s) predisposed to structural failure is at least 8 inches at the largest point;
  3. The structural defect has a failure potential of "medium" or greater as described in the current edition of A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas, published by the International Society of Arboriculture, and cannot be remedied by an accepted arboricultural practice;
  4. A target exists beneath or adjacent to the tree that could be injured or damaged, including but not limited to: pedestrians, vehicles, streets, sidewalks, buildings and other man-made structures.

Hazardous Waste Facility
A facility for the collection, storage, processing, treatment, recycling, recovery or disposal of hazardous waste, as defined in N.C. Gen. Stat. §130A‑290.

Heritage Tree
A single-trunk shade tree that is 24 inches DBH or larger, or a single-trunk understory tree that is 12 inches DBH or larger that is not unhealthy and not a hazardous tree.

High-Quality Waters
Waters classified in title 15A North Carolina Administrative Code chapter 2B section .0101(e)(5) - General Procedures and amendments thereto, all of which is incorporated by reference.

High-Quality-Water (HQW) Zones
Those areas that are within both 1 mile and drain to high-quality waters.

Historic Alley
A publicly dedicated alley that was in existence as of September 1, 2013. Historic Landmark A building, site or object that has been designated by the City Council as either a historic site, property or landmark.

Hospice
Any coordinated program of care provided by a medically directed interdisciplinary team designed to provide palliative care and emotional support to the terminally ill in a home or homelike setting so that quality of life is maintained and family members may be active participants in care of the terminally ill family member.

Hospital
One or more buildings or structures located on the same lot primarily devoted to the rendering of health, medical and nursing care to persons on an in‐patient basis and which provide facilities and services of a scope and type customarily provided by hospitals, which may include facilities for intensive care and self‐care; clinics and out‐patient facilities; clinical, pathological and other laboratories; health care research facilities; laundries; training facilities for nurses, interns, physicians and other staff members; food preparation and food service facilities; administration buildings, central service and other administrative facilities; medical office facilities owned and operated by the hospital for physicians who are members of the hospital medical staff; and other general hospital facilities.

Household
One or more persons occupying a dwelling unit, provided that unless all members are related by blood, marriage or adoption, no household shall contain more than 4 unrelated persons. A household may include 5 or fewer foster children placed in a family foster home licensed by the State of North Carolina.

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Impervious Surface
Any material that significantly reduces and prevents natural infiltration of water into the soil. Impervious surfaces include but are not limited to roofs, patios, balconies, decks, streets, parking areas, driveways, sidewalks and any concrete, stone, brick, asphalt or compacted gravel surfaces. The effective impervious coverage for certain surfaces listed below are as follows:

  1. Asphalt, concrete, crusher-run gravel, masonry, marl, wood and other impermeable surfaces that prevent land area from infiltrating stormwater are 100% impervious.
  2. Porous surfaces that permit direct infiltration of unconcentrated stormwater into ground areas which are prepared in accordance with plans approved by the City so that the first one-half inch of stormwater infiltrates into the ground are 70% through 10% impervious, depending on:
    1. Compaction;
    2. Condition of subgrade;
    3. Extent of land disturbance;
    4. Extent of porous openings;
    5. Protection from siltation and clogging;
    6. Slope of the ground area; and 
    7. Volume of stormwater stored.
  3. Slatted wood decks that allow the drainage of water through the slats to an unpaved surface below are 50% impervious. If the area covered by the deck is washed gravel, the deck is 30% impervious.
  4. Ungraveled natural footpaths, water surfaces of swimming pools and drainfields are 0% impervious.
  5. All other necessary determinations about impervious surfaces will be based on hydrological tests based on existing subgrade soils, slope, rainfall intensity and rainfall duration.

Indigenous/Locally Adapted Species
Plant and animal life forms which are naturally found in the State of North Carolina.

Infrastructure
Transit supportive items including but not limited to seating, shelter, trash receptacles, lighting and real-time transit schedule information provided at a transit stop for the comfort, safety and/or convenience of transit passengers.

Inspector
The Appropriate City Official or his authorized inspectors. In addition to the powers and responsibilities granted in this article, the Appropriate City Official or his designee shall exercise the powers and responsibilities given to "public officer" in G.S. Chapter 160D, Article 12.

Interior Lot
A lot other than a corner lot.

Internal Illumination
A light source concealed or contained within the sign itself, such as a neon tube, which becomes visible in darkness by shining through a translucent surface.

Internal Refractive Lens
A glass or plastic lens installed between the lamp and the sections of the outer fixture globe or enclosure. Refractive refers to the redirection (bending) of the light as it goes through the lens, softening and spreading the light being distributed from the light source thereby reducing direct glare.

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Lake, Watercourses
Any natural or relocated stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary and any reservoir, lake or pond, natural or impounded, in which sediment may be moved or carried in suspension and which could be damaged by an accumulation of sediment.

Land-Disturbing Activity
Any use of the land by any person in residential, recreational, industrial, educational, service, institutional, civic, office or commercial development, highway and road construction and maintenance that results in a change in the natural cover or topography or alters the natural structure of the land mass and that may cause or contribute to sedimentation.

Landfill (debris from on-site)
A demolition landfill that is limited to receiving from the site stumps, limbs, leaves, concrete, brick, wood, uncontaminated earth or other uncontaminated solid waste from construction activities on the same site.

Landing Pad
A firm, stable and slip-resistant surface typically located between the back of curb and adjacent sidewalk constructed from concrete at a bus stop. The pad provides continuity between the sidewalk and a transit vehicle for all users and allows for the deployment of wheelchair ramps from the transit vehicle. The landing pad may also serve as the foundation to which a bench or shelter is permanently mounted and shall satisfy the requirements of the Americans with Disabilities Act.

Light Source
The element of a lighting fixture that is the point of origin of the lumens emitted by the fixture.

Loading Area
An off-street area, space, dock, door, or berth used for the loading or unloading of cargo, products or materials to or from vehicles. This does not include loading areas used by the general public in association with retail sales or a similar use.

Locally Adapted Species
Non‐native species of animal and plant life that are adapted to the climatic conditions of North Carolina.

Lot Coverage
The amount of net lot area within designated floodway fringe areas and future conditions flood hazard areas expressed in terms of a percentage that is covered by any obstruction and/or fill restricting or displacing the flow of flood waters.

Lowest Floor
The lowest floor of the lowest enclosed area (including 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 that such enclosure is not constructed so as to render the structure in violation of the applicable non-elevation design requirements of this UDO.

Lumen
A quantitative unit measuring the amount of light emitted by a light source.

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m aaron.sheppard… Wed, 05/24/2023 - 11:11

Manufactured Home
A structure, as defined in N.C. Gen. Stat. § 143-145(7), transportable in one or more sections that is built on a permanent chassis and designed to be used as a dwelling, with or without permanent foundation.

Manufactured Home Park
A lot which contains or is intended to contain manufactured home spaces for lease or unit ownership (condominium) pursuant to N.C. Gen. Stat. Chapter 47C.

Manufactured Home Space
A plot of land within a manufactured home park designed for the accommodation of a single manufactured home.

Manufactured Home Stands or Pads
That portion of the manufactured home space designed for occupancy by a manufactured home. 

Major Access Corridor
A street or highway designed to move large volumes of through traffic from 1 area to another and usually built and maintained with Federal assistance. These corridors usually have separated grades and a minimum of traffic signals. The following are major access corridors: I-40, I-440, 64 By-pass, U.S. 1, U.S. 70, U.S. 64 and U.S. 401, Wade Avenue between I-440 and I-40 and Northern Wake Expressway.

Maintained Footcandles
Illuminance of lighting fixtures adjusted for a maintenance factor accounting for dirt build-up and lamp output depreciation. The maintenance factor used in the design process to account for this depreciation cannot be lower than 0.72 for high-pressure sodium and 0.64 for metal halide and mercury vapor.

Mean Sea Level
The average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within special flood hazard areas. The term is synonymous with National Geodetic Vertical Datum (NGVD). Mechanical Equipment Machines and devices, including HVAC units, fans, vents, generators and elevator motors, integral to the regular operation of climate control, electrical and similar building systems.

Median
A value or quantity lying at the midpoint of a frequency distribution of observed values or quantities. Where the median includes an even number within the set, the two values closest to the midpoint are averaged.

Medium Base
The size of lamp socket designed to accept a medium or Edison base lamp.

Metro Park
The following park: William B. Umstead State Park.

Mezzanine
An intermediate level or levels between the finished floor and ceiling of a story.

Minor Tree Removal Activity
The lawful removal of a tree, other than a champion tree and trees protected in either Resource Management District or natural protective yard, which is unrelated to forestry general or to the installation of any driveway, use, structure, facility improvement, site plan or subdivision, is a minor tree removal activity when it meets one or more of the following:

  1. Unsafe trees are removed within 1 year following a natural disaster declared by the State of North Carolina or City of Raleigh such an ice storm, hurricane or tornado.
  2. Fewer than 16 trees with a DBH of 3 inches or more are lawfully removed from the property within any continuous twelve month period, provided that the subsequent subdivision of the property shall not increase the number of trees which can be removed from the property and that no tree 10 inches or greater in DBH is removed if such tree is located:​​​​​​​​​​​​​​
    1. Within 50 feet of a right-of-way of any thoroughfare; or
    2. Within 32 feet of any vacant adjoining property boundary line; or
    3. Within 65 feet of any other property line or urban forestry.

3. The term “vacant” means that at the time of application for development there is no building or structure or vehicular surface area within 200 feet from the common property line of the property being developed and the adjoining or adjacent property.

4. An arborist, certified by the International Society of Arboriculture or a forester registered by the State of North Carolina or a landscape architect licensed by the State of North Carolina first certifies in writing to the City that the tree is either unsafe or is unhealthy and applicable soil erosion and sedimentation laws are obeyed.

5. The tree is less than 3 inches DBH.

6. The tree is damaging an existing improvement on the lot.

7. The lawful removal of trees located on lots of record existing prior to the application of this regulation that are less than 2 acres in size.

8. The tree to be removed is for a City of Raleigh project to install or maintain public infrastructure and is unrelated to any site plan, subdivision or building permit.

Mixed Use District
The following general use or conditional zoning districts: Residential Mixed Use (RX)-, Office Park (OP-), Office Mixed Use (OX-), Neighborhood Mixed Use (NX-), Commercial Mixed (CX-), Downtown Mixed Use (DX-) and Industrial Mixed Use (IX-) 

Modified Natural Stream
An on-site channelization or relocation of a stream channel and subsequent relocation of the intermittent or perennial flow as evidenced by topographic alterations in the immediate watershed. A modified natural stream must have the typical biological, hydrological and physical characteristics commonly associated with the continuous conveyance of water.

Monastery, Convent
​​​​​​​A place of residence for bona fide members of a religious order where members are housed in one or more buildings and carry on religious, medical, educational or charitable work in the community.

 

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Natural Protective Yard
A landscaped yard area that contains no buildings, vehicular surface area, loading, storage or display service areas, in which no tree disturbing activity or grading shall take place unless in accordance with an approved tree removal permit. No tree removal permit shall be issued if the cumulative grading and tree removal exceeds 30% of any natural protective yard.

Natural Resource Buffer Yard
Buffer areas that limit land disturbing activities adjacent to fragile environmental areas, which include, but are not limited to, watercourse buffers.

New Construction
Structures for which the “start of construction” commenced on or after the effective date of this UDO and includes any subsequent improvements to such structures.

Non-Encroachment Area
The channel of a river or other watercourse, including the area above a bridge or culvert when application, 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.

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o aaron.sheppard… Wed, 05/24/2023 - 11:11

Off-Premises Sign
Any sign or structure, pictorial or otherwise, regardless of size or shape that directs attention to a business, commodity, attraction, profession, service or entertainment conducted, sold, offered, manufactured, existing or provided at a location other than the premises where the sign is located or to which it is affixed. Sometimes called non-point-of-sale sign.

Off-Site Stormwater Control Facilities
The overall design, construction and maintenance of one or more devices and measures and associated drainage easements, conduits, inlets, channels, pipes and ditches, level spreaders, filters, buffers, bioretention areas, sand filters, detention basins, wetlands and ponds necessary to collect, convey, store and control stormwater runoff and pollutants for more than 1 lot. Stormwater control facilities serving contiguous properties or a subdivision or a portion of a subdivision greater than 1 lot are examples of off-site stormwater control facilities.

One Hundred-Year Storm
The stormwater runoff resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in 100 years and of a duration which will produce the maximum peak rate of runoff, for the watershed of interest under average antecedent wetness conditions.

On-Premise Sign
Any sign or structure, pictorial or otherwise, regardless of size or shape that directs attention to a business, profession, commodity, attraction, service or entertainment conducted, offered, sold, manufactured, existing or provided at a location on the premises where the sign is located or to which it is affixed. A sign that identifies both an on-premises subsidiary and an off-premises parent company is an off-premises sign.

On-Site Stormwater Control Facilities
The overall design, construction and maintenance of one or more devices and measures and associated drainage easement, conduits, inlets, channels pipes, ditches, level spreaders, filters, buffers, bioretention areas, sand, filters, detention basins, wetlands and ponds, necessary to collect, convey, store and control stormwater runoff and pollutants within and for a single lot.

Open Space, Active
Improvements to accommodate recreation or activity, such as play fields and play courts, excluding sidewalks and greenways.

Open Space Area
Primarily vegetated areas where development is restricted, and no additional impervious surface may be placed without first obtaining a permit from the City. The following are open space areas: active or passive open space areas, greenways, public parks, natural protective yards set forth in conditional zoning districts and permanently protected undisturbed open space areas.

Orphanage
A public or private institution providing for the care and protection of children without parents. The care includes physical, medical, psychological, social and educational needs of children often licensed by the state. Orphanage includes children's home and foster care.

Outdoor Advertising Sign
Any off-premises, off-site, poster panel, billboard or non-point-of-sale sign.

Outdoor Mobile Vending Cart
A non-motorized cart with wheels that is temporarily stored on a premise where goods or merchandise are sold to the general public.

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Parapet Wall
That portion of any building wall that rises above the level of the roof line.

Passive Open Space
Generally an undeveloped space or environmentally sensitive area that requires minimal development. These open space areas can include pedestrian or bicycle pathways or greenways.

Pedestrian Area
An area used primarily for walking, such as a sidewalk or greenway. Phase of Grading One of 2 types of grading, rough or fine.

Planned Transit Route
Any fixed route public transit service described or illustrated in the City's adopted Comprehensive Plan or adopted by a local or regional public transit agency.

Planning Director
The chief administrator as designated by the City Manager to implement and administer the Department of City Planning and the UDO. This term shall be deemed to include the Planning Director or designee.

Play Courts
Recreation facilities that operate and use a court such as tennis, basketball, handball, squash, croquet, shuffleboard, volleyball and racquetball courts and clubs.

Play Fields
Areas in which field games are played and that contain less than 250 seats. Play fields include: baseball, field hockey, football, lacrosse, soccer, softball and open play areas.

Playset
A freestanding play structure primarily intended for children, including swing sets, tree houses, and slides.

Portable Ground Sign
Any sign which rests upon the ground, a structure, frame, building or other surface. Portable ground signs are not affixed to a supporting structure, building or frame. Such signs include but are not limited to the following: trailer signs, sandwich board signs, sidewalk signs, curb signs or A-Frame signs.

Porch
A raised structure attached to a building forming a covered entrance. To qualify as a porch, 50% or more of each exterior wall of the porch must be open. For the purposes of this requirement, mesh screens and latticework shall be considered open.

Post-Development Conditions
Pre-development conditions together with the land use, drainage and impervious conditions that would exist on the site if all proposed development plans for the site are fully completed. 

Pre-Development Conditions
The land use, drainage and impervious surface conditions existing on the site at the time plans are submitted for approval, including any previously approved development plans for the site which has not sunsetted, projects which have an outstanding valid building permit in compliance with N.C. Gen. Stat. §160D-1110, 160D-1111 and §160D-1115 and projects that have obtained a State permit such as landfills, land application of residuals on the site.

Premises
The term premises is interchangeable with the term lot.

Principal Arterial
Principal arterials are comprised of limited-access freeways, expressway and gateway arterials. Principal arterials are the same roads as major access corridors.

Principal Building or Use
The building, structure or land that contains the primary function or activity on a lot.

Project
A site under unified control for the purposes of development.

Protective Yard
A landscaped yard area which contains no buildings, vehicular surface area, loading, storage or display service areas. For street protective yards, driveways and sidewalks necessary to serve the development may be permitted, provided that they are perpendicular to the protective yard. Protective yards include transitional protective yards, street protective yards and Zone A transition zones.

Public Transit Agency
Publicly-funded operators of bus transit systems, including but not limited to the City of Raleigh, GoTriangle, the Town of Cary, and North Carolina State University.

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q aaron.sheppard… Wed, 05/24/2023 - 11:14

Queuing Area
The space devoted to vehicle waiting areas associated with a drive through or drive up facility. The queuing area begins at the point of service, such as a drive through window.

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Raleigh Stormwater Control and Watercourse Buffer Manual
A manual adopted by the City Council by reference, as fully as though set forth in this UDO that includes plan and data submission requirements, presents design procedures and criteria for conducting natural, hydrologic and hydraulic evaluations, best management practice designs, regulations for riparian surface water buffers, standards for managing the volume and quality of stormwater runoff and standards for maintenance.

Rear Yard
The area located between the rear line of a building or structure and the rear boundary of a lot or an existing or proposed street right-of-way and extending along the entire width of the lot.

Receiving Watercourse
A lake, natural watercourse or other natural or man-made area into which stormwater runoff flows from a land-disturbing activity site.

Recyclable Material
Material including, but not limited to, metals (including vehicles which have been crushed off site), glass, rubber (including tires), plastic, paper and scrap, which is intended for reuse or reconstitution for the purpose of using the altered form. Recyclable material shall not include hazardous materials and wastes (as defined in 40 CFR 261.3 to 261.33 or as the same may be amended by law), garbage, biodegradable refuse such as food, medical wastes or other similar material and wrecked, dismantled or partially dismantled automobiles.

Refereed Journal
Publications reviewed by expert readers or referees prior to the publication of the material. After reading and evaluating the material, the referee informs the publisher if the document should be published or if any changes should be made prior to publication. Refereed materials are significant to the research and the literature of most academic fields because they assure readers that the information conveyed is reliable and timely.

Regional Stormwater Control Facilities
The overall design, construction and maintenance of measures and devices and associated drainage easement, conduits, inlets, channels, pipes, ditches, filters, buffers, bioretention areas and ponds that are necessary to collect, convey, store and control stormwater runoff and pollutants within or outside a development and for one or more developments, as shown on the stormwater control master plans approved by the State of North Carolina.

Regulatory Flood Protection Elevation
The elevation to which structures and uses within floodway fringe areas and future conditions flood hazard areas are required to be elevated or floodproofed. Within areas which have approved engineered flood studies, such as the FEMA flood insurance study and floodway fringe areas, this elevation will be the “without floodway” base flood elevation plus 2 additional vertical feet. Base flood elevations are shown in the flood insurance study for Wake County, Volumes 1 through 7. Within future conditions flood hazard areas, this elevation will be the future conditions flood elevation plus 2 additional vertical feet. Future conditions flood elevations are shown in the flood insurance study for Wake County, Volumes 1 through 7. For flood hazard soil areas and for areas without established flood elevations within watercourses which drain 1 square mile or more, this elevation is the topographic contour lying 5 vertical feet from the outermost boundaries of either the flood hazard soils or the made land, which traverse such soils. The regulatory flood protection elevation for flood hazard soil areas and for areas without established flood elevations within watercourses which drain less than 1 square mile is the elevation of the outermost boundaries of either the flood hazard soils or the made land which traverse such soils plus 2 additional vertical feet, or as determined from a flood hazard soil interpretation. The regulatory flood protection elevation shall be the base flood elevation established on the drainage basin study maps plus 2 additional vertical feet.

Replacement Cost
Either the median value based Square Foot Costs established by the most recent edition of Building Construction Cost Data published by R.S. Means or the most recent tax value for a building as reported in the County tax office. The property owner shall decide which of the 2 methods for determining replacement cost is to be used.

Residential District
The following general use and conditional zoning districts: Residential-1 (R-1), Residential-2 (R-2) Residential-4 (R-4), Residential-6 (R-6) and Residential-10 (R-10).  Includes Manufactured Housing (MH).

Resource Management District
The following general use, conditional zoning and overlay zoning districts: Conservation Management (CM), Metro-Park Protection Overlay District (-MPOD), Special Highway Overlay District-1 (-SHOD-1) and Special Highway Overlay District-2 (-SHOD-2).

Reverse-frontage lot
A residential lot with more than one frontage, where access from the lot or adjacent lots is taken from a street with a lower classification on the Raleigh Street Plan Map, and rear yards are located adjacent to a street with a higher classification on the Raleigh Street Plan Map.

Ribbon Driveway
Also called “strip driveway,” a driveway that consists of two parallel strips of permanent non-erodible material (see Sec. 7.1.9) with groundcover or similar pervious material in between. One of the strips may be no more than 2’wide while the other may be up to 4’ wide to accommodate pedestrian access and a 3’ wide median shall be maintained in either scenario.

Riparian Surface Water
Actual surface water that is shown as a feature on either the most recent version of (a) the soil survey map prepared by the Natural Resources Conservation Services of the United States Department of Agriculture or (b) the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS) except for the following surface waters:
1. Man-made channels, such as ditches and canals, other than a modified natural stream.
2. Man-made ponds and lakes that are located outside natural drainage ways.
3. Ephemeral (stormwater) streams.

Rooming Unit
Any room or group of rooms forming a single habitable unit used for living and sleeping, but not for cooking or eating purposes.

 

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Sadomasochism Center
Any for profit establishment wherein the practice of flagellation, torture or fettering is used or administered to an individual either by an employee of the establishment or a patron of the establishment.

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

Sediment
Solid particulate matter, both mineral and organic, that has been or is being transported by water, wind, gravity or ice from its point of origin.

Sedimentation
The process by which sediment resulting from accelerated erosion has been or is being transported off a site of the land-disturbing activity or into a lake or watercourse.

Senior Housing
Housing for residents at least 62 years in age. The housing must comply with the Federal Fair Housing Act.

Service Areas
An area used for trash collection, trash compaction, recycling collection or other similar functions.

Shade Tree
An evergreen or deciduous tree whose mature height can be expected to exceed 35 feet and which has an expected crown spread of 30 feet or more or is considered a shade tree in accordance with “American Standards of Nursery Stock”, set forth by the American Association of Nurserymen.

Shopping Center
A planned unified development that contains at least three establishments with commercial or recreational uses and contains at least 25,000 square feet of gross floor area.

Side Yard
The area located between the side line(s) of a building or structure and the side boundary of a lot or an existing or proposed street right-of-way and extending along the entire length of the lot.

Sign
Any temporary or permanent identification, description, animation, illustration, or device, illuminated or non-illuminated, which is visible from any right-of-way, situated indoors or outdoors, and which directs attention to any realty, product, service, place, activity, person, institution, performance, commodity, firm, business or solicitation, or any emblem, painting, banner, poster, bulletin board, pennant, placard or temporary sign designed to identify or convey information. Signs do not include displays located inside buildings, courts, lobbies, stadiums, or other structures that are not positioned in such a manner so as to be intended to be seen from the exterior of the building or structure.

Siltation
The sediment resulting from accelerated erosion which is settleable or removable by properly designed, constructed and maintained control measures and which has been transported from its point of origin within the site of a land-disturbing activity and which has been deposited or is in suspension in water.

Site Plan
A scaled drawing and supporting text showing the relationship between lot lines and the existing or proposed uses, buildings, or structures on the lot. The site plan may include site-specific details such as building areas, building height and floor area, setbacks from lot lines and street rights-of-way, intensities, densities, utility lines and locations, parking, access points, roads, and stormwater control facilities that are depicted to show compliance with all legally required development regulations that are applicable to the project and the site plan review.

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

Special District
The following general use and conditional zoning districts: Conservation Management (CM), Agricultural Productive (AP), Heavy Industrial (IH), Manufactured Home Park (R-MP) and Campus (CMP). 

Special Flood Hazard Area
The maximum area, adjoining a river, stream, watercourse or lake which is likely to be flooded, by the base flood or the future conditions flood. The special flood hazard area includes “floodway” areas, “floodway fringe” areas and future conditions flood hazard areas. These areas are illustrated on flood hazard boundary maps flood hazard soils plus additional distances, recorded flood storage areas required by this UDO and drainage basin study maps.

Start of Construction
The date a building permit was issued, provided the actual “start of construction,” repair, reconstruction, rehabilitation, addition, placement or other improvement was made within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation, or the placement of a “manufactured home” on a foundation. For a substantial improvement, the actual start of construction is the first alteration of any load-bearing wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Stepback
The horizontal distance of a building facade that is recessed on a horizontal plane.

Stormwater Control Devices
The overall design, construction and maintenance of one or more devices, measures and associated drainage easements, conduits, inlets, channels, pipes and ditches, level spreaders, filters, buffers, bioretention areas, sand filters, detention basins, swales, wetlands and ponds or any other City-approved best management practice necessary to collect, convey, store, treat and control stormwater runoff and pollutants.

Stormwater Control Facilities
Off-site stormwater control facilities, on-site stormwater control facilities, regional stormwater control facilities or any combination thereof.

Stormwater Control Master Plan
A conceptual plan approved by the City Council which establishes stormwater control policies and recommendations for an entire watershed or region as an alternative to individual site specific stormwater control plans. 

Storm Drainage Facilities
The man-made system of inlets, conduits, channels, ditches or other such facilities and appurtenances which collect and convey stormwater.

Stormwater Runoff
Runoff of water resulting from precipitation in any form.

Street Furniture
Physical improvements required by approved streetscape plans including but not limited to: benches, bicycle racks, pedestrian lighting, trash receptacles, planters, flower boxes/pots or other objects located outdoors.

Street Protective Yard
A landscaped protective yard adjacent to a street right-of-way.

Structural Flooding
Crawlspace, finished floor, garage and/or basement flooding caused by concentrated stormwater flows and not groundwater infiltration. Structural flooding also occurs in sheds and outbuildings on a permanent, enclosed foundation that cannot be easily moved. Sheds and outbuildings not on permanent, enclosed foundations or that can be easily moved and where moving the structure is the least cost alternative to prevent flood damage to the structure, are not defined as having structural flooding. Structural flooding does not include those portions of residential and commercial structures located in a floodplain area and designed and constructed to flood or a commercial structure that has a City approved floodproofing plan.

Substantial Damage
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed the 50% of the estimated market value of the structure before the damage occurred.

Substantial Improvement
Any reconstruction, repair, rehabilitation, addition or other improvement of a structure, the cost of which over a 5 year period singularly or collectively equals or exceeds 50% of the market value of the structure before the “start of construction” of the substantial improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual amount of repair work performed. The term does not include any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.

Sustainable Energy Systems
On-site renewable energy generation technologies such as a solar array, solar collection system, wind energy system or geothermal energy system.

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Ten-Year Storm
The stormwater runoff resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in 10 years and of a duration which will produce the maximum peak rate of runoff for the watershed of interest under average antecedent wetness conditions.

Through lot
A lot with more than one frontage, not located on a corner.

Thoroughfare
A street delineated as a major thoroughfare or a minor thoroughfare on the Comprehensive Plan or a major access corridor. Major thoroughfares include: (1) principal arterials, which are either gateways, freeways or expressways; (2) secondary arterials; (3) other major thoroughfares; or (4) any Major Street identified in Article 8.4.

Transit Easement
A permanent easement dedicated to the City and recorded with the County where the transit stop is located for the purpose of providing public transit services. The transit easement provides public access to the property, allows construction, installation and maintenance of amenities on the site.

Transit Shelter
A permanently installed structure located at a transit stop that provides seating and protection from the weather for people waiting for a transit vehicle.

Transit Stop
A designated place where public transit vehicles pause on a scheduled basis to allow for passenger boarding and alighting a public transit vehicle. A transit stop is marked with a City-issued bus stop sign and may include amenities such as shelters, benches and trash receptacles.

Transit Stop Pad
A firm, stable and slip-resistant surface constructed from concrete at a bus stop. The transit stop pad provides a permanent location to construct transit amenities and for passengers to wait for an approaching bus, and shall satisfy the requirements of the Americans with Disabilities Act and shall be constructed in conformance with the design standards contained in the Raleigh Street Design Manual.

Transparency
The ability to transmit light so objects on the other side of the material are visible. As applied to windows, the transparent material must pierce the building façade with a minimum distance of 4 feet maintained free of building materials, shelving or other impediment so that views are provided into and out of the building.

Transportation Director
The chief administrator as designated by the City Manager to plan, direct and coordinate various aspects of the UDO.

Tree Disturbing Activity
Any activity that results in one or more of the following:
1. The movement of earth, compaction of earth, chemical or physical alteration of earth or a change in the existing soil cover (both vegetative and non vegetative) or the existing soil topography in the critical root zone of a tree or within any tree conservation area, including but not limited to: chemical application, clearing, grading, filling, excavation, stabilization of structures and road or walkway construction
2. Chemical or physical alteration of a tree in any way that diminishes its health and vigor, including but not limited to removal, cutting, root pruning, branch pruning, topping, bark scraping and application of chemical or biological agents.
3. The placement within the critical root zoneor within any tree conservation area of any permanent or temporary encroachment, including but not limited to application of impervious surfaces, storage of equipment, materials, earth parking or circulation of vehicles or equipment. 

Twenty Five-Year Storm
The stormwater runoff resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in 25 years and of a duration which will produce the maximum peak rate of runoff, from the watershed of interest under average antecedent wetness conditions.

Two-Year Storm
The stormwater runoff resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in 2 years and of a duration which will produce the maximum peak rate of runoff, for the watershed of interest under average antecedent wetness conditions.

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Uncovered
The removal of ground cover from, on or above the soil surface.

Understory Tree
An evergreen or deciduous tree whose mature height can be expected to range between 15 feet and 35 feet and which has an expected crown spread range between 15 feet and 25 feet as determined by the latest edition of “American Standards of Nursery Stock” as set forth by the American Association of Nurserymen.

Undisturbed Area
An area free of any tree disturbing activity except the planting of required landscaping and plantings required by conditional zoning requirements.

Unhealthy
A plant or tree that meets any one or more of the following:
1. Its foliage and bark have a form and color that is not characteristic of the species similarly located within the city;
2. Its twig elongation is dissimilar to that of others of the same species and size similarly located within the city;
3. It is not free from infestation of insects and detrimental diseases; 
4. More than 10% of its trunk circumference dies in any 1 calendar year;
5. More than 30% of its crown dies or is lost in any 1 calendar year; and/or
6. It no longer screens, filters or shades the area for which it was installed.

Unity of Development
The visual and functional integration of buildings within a development or area.

Urban Frontage
The following frontages: Green (-GR), Green Plus (-GP), Urban Limited (-UL), Urban General (-UG) and Shopfront (-SH).

Utility Service Area
An area which contains any utility box, booster box, switching station, transformer, pedestal or backflow preventor or similar above-grade device used to serve underground utilities.

Utility Service Plan
A plan associated with a Planned Development Master Plan that provides information for mail distribution and solid waste collection.

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Vegetated GSI Practices
GSI practices that are predominantly vegetated at the surface of the practice. Examples of such practices include preserved natural areas, bioretention areas, and green roofs.

Vehicular Canopy
A roofed and open drive-through structure designed to provide temporary shelter for vehicles and their occupants while making use of a business’ services.

Vehicular Surface Area
An area where motor vehicles are either stored or driven, including private driveways and private streets, parking lots, vehicular display lots, rental lots and depots, but not including parking buildings or areas which are used exclusively as loading areas and service areas.

Vehicle parking
This refers to parking spaces and areas for cars, trucks, and similar vehicles. No parking is required for vehicles, but this code regulates the design and other aspects of any vehicular parking spaces that are provided.

Vehicle Sign
Any sign attached to or painted on, or otherwise positioned, (whether exterior or interior), in or on, located upon a vehicle or a tractor trailer.

Velocity
The average velocity of water flow through the cross-section of an effluent main channel at the peak flow of the storm of interest. The cross-section of the main channel, if any, shall be that area defined by the geometry of the channel plus the area of flow below the flood height defined by vertical lines at the main channel banks. Overbank flows are not to be included for the purpose of computing velocity of flow.

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w aaron.sheppard… Wed, 05/24/2023 - 11:16

Wall Pack
A type of light fixture typically flush-mounted on a vertical wall surface.

Wall plate
A structural element, usually horizontal, situated along the top of a wall at the level of the eaves for bearing the ends of joists or rafters.

Wide-Body Refractive Globe
A translucent lamp enclosure used with some outdoor fixtures to provide a decorative look including but not limited to acorn- and carriage light-style fixtures. “Wide-body” refers to a wider than average size globe (greater than 15.75 inches in diameter). “Refractive” refers to the redirection (bending) of the light as it goes through a lens, rendering the light fixture more effective. Wide-body refractive globes are intended to soften and spread the light being distributed from the light source thereby reducing direct glare.

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z aaron.sheppard… Wed, 05/24/2023 - 11:16

Zoning Administrator
Position in the Department of City Planning as a sworn officer to enforce and administer the regulations found in the City Unified Development Ordinance and associated manuals.

Housing Code Definitions

Housing Code Definitions aaron.sheppard… Wed, 05/24/2023 - 11:18

Agent
Any person, firm or corporation who is responsible for the management, maintenance, operation, renting, leasing or sale of any property or who makes application for or seeks a permit or certificate on behalf of the owner of any property or who in any other way represents the owner or the property in any particular case.

Basement
A portion of a building which is located partly underground, having direct access to light and air from windows located above the level of the adjoining ground.

Cellar
A portion of a building located partly or wholly underground having an inadequate access to light and air from windows located partly or wholly below the level of the adjoining ground.

Dwelling
Any building, structure, manufactured home, mobile home or part thereof, used and occupied for human habitation or intended to be so used and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith, except that it does not include any temporary housing as hereinafter defined.

Duplex
A structure containing 2 complete and separate dwelling units with a common wall or ceiling and under 1 roof.

Dwelling unit One or more rooms physically arranged as to create an independent housekeeping establishment with separate facilities for cooking, sleeping and toilet.

Equivalent dwelling unit.
For purposes of computing the means of egress required by this chapter, the following shall be considered equivalent to a dwelling unit: any room or rooms not provided with cooking facilities and occupied by 4 persons within a rooming house, fraternity, sorority, rest home or any dwelling however styled.

Extermination
The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping or by any other recognized and legal pest elimination methods approved by the inspector.

Family
An individual or 2 or more persons related by blood to the third degree lineally or the fourth degree collaterally, marriage or adoption living together in a dwelling unit; or a group of not more than 4 persons, one or more of whom is not related by blood as described above, marriage or adoption to the other. A family may include 5 or fewer foster children placed in a family foster home licensed by the State of North Carolina.

Garbage
The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

Habitable room
A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, heater rooms, foyers or communicating corridors, closets and storage spaces.

Infestation
The presence, within or around a dwelling, of any insects, rodents or other pests in such numbers as to constitute a menace to the health, safety or welfare of the occupants or to the public.

Inspector
The Appropriate City Official or his authorized inspectors. In addition to the powers and responsibilities granted in this article, the Appropriate City Official or his designee shall exercise the powers and responsibilities given to "public officer" in G.S. 160A-441 et seq.

Meaning of certain words
Whenever the words "dwelling, dwelling unit, rooming house, rooming unit, premises" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."

Multiple dwelling
Any dwelling containing more than 2 dwelling units.

Occupant
Any person, regardless of age, living, sleeping, cooking or eating in or having actual possession of a dwelling unit or rooming unit.

Operator
Any person who has charge, care or control of a building or part thereof, in which dwelling units or rooming units are let.

Owner
any person who alone or jointly or severally with others: Shall have title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or shall have charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner. Plumbing and include all of the following supplied facilities and equipment: gas pipes, gas burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar supply fixtures, together with all connections to water, sewer or gas lines.

Rooming house or lodging house or tourist home. 
A type of equivalent dwelling located in a dwelling which contains rooms without cooking facilities that are rented to the general public as a whole to more than 4 persons.

Rooming unit
Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

Rubbish
Combustible and noncombustible waste materials, except garbage and ashes and the term shall include paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust.

Supplied
Paid for, furnished or provided by or under the control of, the owner or operator.

Temporary housing
Any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utilities system on the same premises for more than 30 consecutive days.

Unfit for human habitation
That conditions exist in a dwelling, dwelling unit, rooming house or rooming unit which violate or do not comply with one or more of the minimum standards of fitness or one or more of the requirements established by this article.