Abandoned:
The intentional or unintentional cessation of use, or maintenance of a building, structure or lot.
Accessory Dwelling Unit:
A dwelling that exists as part of a principal dwelling or on the same lot as the principal dwelling and is subordinate to the principal dwelling.
Accessory Use Or Structure:
A use or structure that exists on the same lot with the principal use or structure and is customarily subordinate to or incidental to the principal use.
Active Recreation:
Leisure activities usually of an organized nature, often performed with others and often requiring equipment, taking place at prescribed places, sites, or fields.
Adjacent:
Property abutting directly on the boundary of, touching, or sharing a common point.
Adult Establishment:
A business as defined in North Carolina General Statute (NCGS) 14-202.10(2). This definition includes adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult live entertainment businesses or massage businesses. These uses are further defined in NCGS 14-202.10 and the definitions are adopted by reference. However, those massage businesses where all employees associated with massage meet the ethical and educational requirements specified by the American Massage Therapy Association, or equivalent national or state standards, are exempt from this definition.
Interpretation: Massage businesses meeting these educational and ethical standards may be classified as "Offices" in the Permitted Use chart.
Agency:
A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc.
Agricultural Uses:
County only: Land used as pasture or in the commercial production of crops, horticultural products, fish hatcheries or aquaculture. Also for the purposes of this ordinance, the keeping of livestock for commercial or noncommercial purposes is defined as an agricultural use. Livestock includes but is not limited to poultry and hoofed animals such as cattle, horses, swine, goats, and sheep. Also included in this definition of agricultural uses are agricultural accessory buildings, and sales of agricultural products grown or raised on the premises. Not included in this definition are the commercial slaughtering of animals for marketing and farm tenant dwellings.
City only: Land used as pasture or in the commercial production of crops, horticultural products, fish hatcheries or aquaculture. Also for the purposes of this ordinance, the keeping of livestock for commercial or noncommercial purposes is defined as an agricultural use. Livestock includes but is not limited to poultry and hoofed animals such as cattle, horses, goats, sheep and swine; however, swine commonly referred to as Miniature, Vietnamese, or Orientl Potbellied pigs (sus scrofa vittatus) shall not be considered livestock if the animals are no moe than 18 inches in height and the owner has proof of reistry with the International Potbellied Pig Registry (IPPR), and no more than 2 such Potbellied pigs may be kept in any household to qualify for this definition. Also included in this definition of agricultural uses are agricultural accessory buildings, and sales of agricultural products grown or raised on the premises. Not included in this definition are the commercial slaughtering of animals for marketing and farm tenant dwellings.
Airport:
A place where aircraft may takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. Includes customary accessory uses.
Alley:
A public thoroughfare 20 feet or less in width.
Alluvial Soils Areas:
The areas within the special flood hazard area adjacent to watercourses or portions of watercourses excluded from the Flood Insurance Study that contain soils of the Chewacla-Wehadkee-Congaree Soils Association. The soils in this Association include Chewacla, Wehadkee, Congaree, Cartecay, Roanoke and Altavista soils. Alluvial Soils Areas may also include areas where fill land exists that transverses such soils.
American Association of Nurserymen Standards:
Plant material standards in the current edition of "American Standards for Nursery Stock" published by the American Association of Nurserymen.
Antenna:
Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but not be limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas.
Antenna Array:
A single or group of antenna and their associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device such as a mounting frame or mounting support structure for the sole purpose of transmitting or receiving electromagnetic waves.
Antenna-Supporting Structure:
A vertical projection composed of metal or other substance with or without a foundation that is for the express purpose of accommodating antennas at a desired height above grade. Antenna-supporting structures do not include any device used to attach antennas to an existing building, unless the device extends above the highest point of the building by more than twenty feet.
Anti-Climbing Device:
A piece or pieces of equipment which are either attached to an antenna-supporting structure, or which are free-standing and are designed to prevent people from climbing the structure. These devices may include but are not limited to fine mesh wrap around structure legs, “squirrel-cones”, the removal of climbing pegs on monopole structures, or other approved devices, but excluding the use of barbed or razor wire.
Applicant:
A person seeking an action or approval under provisions of this ordinance.
Attached Wireless Communication Facility:
An antenna or antenna array that is secured to an existing building with any accompanying pole or device which attaches it to the building, transmission cables, and an equipment enclosure, which may be located either on the roof or inside or outside of an existing building. An attached wireless communications facility is considered to be an accessory use to the existing principal use on a site.
Automobile Service and Repair:
See: "Vehicle Repair Shops"
Base Flood:
The flood having a 1 percent chance of being equalled or exceeded in any given year, that is, the 100 year flood.
Basement:
That lowest level which has its floor subgrade on at least 2 sides.
Bed And Breakfast Inn:
A building or group of buildings containing one or more guest rooms for an overnight stay which are rented at a daily rate and where breakfast is the only meal served to guests.
Boarding House:
A building, other than a hotel, rooming house, or bed and breakfast inn, containing not more than 9 guest rooms. At least one meal is provided to guests. Individual guest rooms may not contain kitchens.
Breakaway Wall:
A wall that is not part of the structural support of the building and is intended through its design and construction for eventual removal without causing damage to the elevated portion of the building or the supporting foundation system. A breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. A wall with loading resistance of more than 20 pounds per square foot requires a Registered Architect or Registered Professional Engineer's certificate.
Broadcast Antennae, AM/FM/TV/HDTV Broadcast Facility:
Broadcast antenna-supporting structure and/or towers, including replacements, which contain antennas/towers that transmit signals for radio and television communications.
Buffer:
A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants.
Building:
A roofed structure enclosed by exterior walls and used for business, industry, or shelter for persons, animals or goods.
Building Front:
The side of the building closest to and most nearly parallel with the street which provides access to the lot. In the case of a corner lot or through lot, either side abutting a street may be considered to be the front, provided the building is situated so that it meets all front, side and rear yard requirements.
Building Height:
The vertical distance from the average of the finished ground level to the highest finished roof surface of a flat roof, or to a point at the average height of the highest roof of a roof having a pitch.
Building Line:
The edge of a building closest to the street.
Building, Main:
A building which contains the principal use. In a residential district, any dwelling shall be deemed to be a main building on the lot which it is situated.
Building Permit:
A permit issued by the Inspections Department in conformance with the State Building Code.
Bulk Storage:
Storage material in containers or tanks for sale to retail dealers, distributors, or outlets or for storage prior to disposal.
Business Services:
Establishments primarily engaged in rendering services (which are not listed elsewhere in this ordinance) to business establishments on a contract or fee basis. These services include but are not limited to: advertising, claims adjusters, and computer software development.
Caliper:
Tree trunk diameter measured 6 inches above ground level up to and including 4 inch caliper size and 12 inches above ground level for larger sizes.
Camp Ground:
Land used or intended to be used, let, or rented for occupancy by vacationing transient campers traveling by automobile or otherwise, or for occupancy by tents, or other movable or temporary sleeping quarters of any kind, together with automobile parking spaces and incidental utility structures and facilities required and provided in connection with the use. This definition shall not include trailer sales lots where unoccupied trailers are parked for inspection and sale.
Canopy:
A roof-like cover extending over an outdoor improvement for the purpose of sheltering individuals or equipment from the weather.
Car Wash, Automatic:
A commercial facility where vehicles are mechanically washed.
Car Wash, Self Service:
A structure housing equipment used by individuals for spray washing vehicles.
Cemetery:
A place used or to be used and dedicated or designated for earth interments of human remains or pet animal remains.
Center Line of Street:
The center line of a right of way, as defined or surveyed by the North Carolina Department of Transportation or the Durham Engineering Department.
Certificate of Compliance
(Previously called a Certificate of Occupancy or C.O.):
A statement, signed by an administrative officer, setting forth that a building, structure, or use complies with the Zoning Ordinance and Building Codes and that the same may be used for the purposes stated on the permit.
Charitable Organizations:
Nonprofit organizations which are supported primarily by charity and whose principal function is the performance of charitable works or religious activities. This definition shall include but not be limited to: churches, mosques, synagogues or other religious institutions. Not included in this definition are social organizations and clubs.
Clinic:
Establishments where humans receive treatment of illnesses or pregnancy, or examinations by a doctor, dentist, optician, psychologist, or other similar medical professional on an out-patient basis.
Club or Lodge:
A building or site used by a non-profit membership organization for recreational or social purposes.
Cluster Housing:
Dwelling units grouped on lots with smaller dimensions than normally permitted within a zoning district in exchange for the provision of permanent open space within the same development.
College Or University:
An institution other than a trade school that provides full-time or part-time education beyond high school.
Colocation:
The practice of installing and operating multiple and various wireless carriers, service providers, and/or Radio Common Carrier licensees on the same antenna-supporting structure or attached wireless communication facility using different and separate antenna, feed lines and radio frequency generating equipment.
Columbarium:
A structure or building substantially exposed above ground intended to be used for the interment of the cremated remains of a deceased person or animal.
Combined Antenna:
An antenna or an array of antennas designed and utilized to provide services for more than one wireless provider for the same or similar type of services.
Commercial Dormitory:
A structure specifically designed for a long term stay by students of a college, university, or non-profit organization for the purpose of providing rooms for sleeping purposes. One common kitchen and some common gathering rooms for social purposes may also be provided.
Commercial Recreation:
Any establishment whose main purpose is to provide the general public with an amusing or entertaining activity and where tickets are sold or fees are collected for the activity. Commercial recreation establishments include but are not limited to: skating rinks, water slides, miniature golf courses, arcades, bowling alleys, billiard halls, but do not include movie theaters.
Commercial Recreation Facilities on Natural Sites:
Commercial recreation premises consisting of woodlands, water courses, and fields used for active recreational activities which do not require modifying the existing setting, including but not limited to, paintball, laser tag, and orienteering.
Concealed Wireless Communications Facility:
A wireless communications facility, ancillary structure, or WCF equipment compound that is not readily identifiable as such, and is designed to be aesthetically compatible with existing and proposed uses on a site. A concealed facility may have a secondary function, including, but not limited to the following: church steeple, windmill, bell tower, clock tower, cupola, light standard, flagpole with or without a flag, or tree). A non-concealed wireless communication facility is one that is readily identifiable such as a monopole or lattice tower.
Condominium:
A form of property ownership whereby the owner gains ownership of an interior space within a building. The building structure, the land under the building, and all of the surrounding land is commonly owned by all the inhabitants on a proportional basis.
Contractors:
(SIC Code 15 & 16) General contractors and builders engaged in the construction of buildings, either residences or commercial structures as well as heavy construction contractors engaged in activities such as paving, highway construction, and utility construction.
Contractors, Special Trade:
(SIC Code 17) Contractors who undertake trades of a type that are specialized to assist in building construction and remodeling. This definition includes but is not limited to heating, air conditioning, painting, plumbing, and roofing.
Convalescent Center or Nursing Home:
A facility that provides nursing services and custodial care on a 24 hour basis for 3 or more unrelated individuals who for reasons of illness, physical infirmity, or advanced age require such services.
Convenience Store:
A retail store with a floor area of less than 2,500 square feet that sells groceries and may also sell gasoline but not including automotive service stations, or vehicle repair shops.
Correctional Facilities:
Publicly or privately operated facilities housing persons awaiting trial or persons serving a sentence after being found guilty of a criminal offense.
Day Care Facility:
A place other than an occupied dwelling, which provides for the care of children or adults; or a large care home as defined by 10 NCAC 3U.0102 (14). Those receiving care are not all related to each other by blood or marriage and are not legal wards or foster children of the attendant adults, and for which care a payment, fee, or grant is made. Of those receiving care, only dependents of a large care home operator may reside on the site.
Day Care Home:
A dwelling in which a permanent occupant of the dwelling provides for the care of children or adults. Those receiving care are not all related to the occupant or to each other by blood or marriage and are not the legal wards or foster children of the attendant adults. Those receiving care and not dependents of the occupant, do not reside on the site. For the purpose of this ordinance, such activities shall meet all requirements for home occupations.
If children are the primary clients of the use the following standards must be met:
| A. | The home meets all state standards for registration and inspections. |
| B. | The number of children does not exceed 5 preschool children including the caregiver's children and 3 school aged children not including the caregiver's children. |
Development:
Any human caused change to improved or unimproved real estate that requires a permit or approval from any agency of the City or County of Durham, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations and storage of materials.
Development Plan:
A type of plan which becomes part of the zoning for a property. The plan depicts site characteristics and development information as specified in this ordinance. The development plan provides guidance for site plans.
Diet House or Diet Facility:
A facility housing a dietary treatment program supervised by trained professionals which may also contain temporary living quarters for clients.
Drive Thru or Drive Up Window Establishment:
An establishment that dispenses products or services to patrons who remain in vehicles.
Driveway:
A private roadway located on a parcel or lot used for vehicle access.
Durham Natural Inventory:
A survey of botanical habitat areas reported in the Inventory of the Natural Areas and Rare Species of Durham County, Robert D. Sutter, March, 1987 and a survey of zoological habitat areas reported in the Inventory of the Wildlife Habitats, Movement Corridors, and Rare Animal Populations of Durham County, North Carolina, by Steven P. Hall, August, 1995, both as amended.
Dwelling, Duplex (Or 2 attached dwellings):
A building containing 2 individual dwellings. This definition does not include a single family dwelling with an accessory dwelling unit. (Diagram 2)
Dwelling, Multifamily:
A building containing 4 or more individual dwellings with separate cooking facilities and toilet facilities for each dwelling.
Dwelling, Single Family:
A building designed for, or occupied exclusively by, 1 family. Not to include manufactured housing. (Diagram 1) Modular housing as defined elsewhere is included in this definition.
Dwelling, Triplex (Or 3 Attached Dwellings):
A building containing 3 individual dwellings. Accessory dwelling units are not included in this definition. (Diagram 3)
Dwelling Unit:
Rooms used for human habitation containing independent cooking, sleeping, and toilet facilities but excluding boarding houses, hotels, and dormitories. Included in this definition are "stick-built" and/or modular construction. Manufactured housing is defined elsewhere in this Section.
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To reach Durham City/County Planning call 919-560-4137 or fax us at 919-560-4641
