Unified Development Ordinance

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a aaron.sheppard… Wed, 05/24/2023 - 11:07

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