WSMU_GRAN_WSWP Other Info_20200911 (2)

ARTICLE IV
DEFINITIONS OF TERMS USED IN THIS ORDINANCE
For the purpose of interpreting this ordinance, certain words or terms are herein defined.
Except as defined herein, all other words used in this ordinance shall have their
customary dictionary definition.
Section 401. Interpretation of Certain Terms and Words.
401.1 Words used in the present tense include the future tense.
401.2 Words used in the singular tense include the plural and words used in the plural
number include the singular.
401.3 The word "person" includes a firm association, organization, partnership,
corporation, trust and company, as well as an individual.
401.4 The word "lot" includes the words "plot" and "parcel."
401.5 The word "building" includes the word "structure."
401.6 The word "shall" is mandatory and not directory.
401.7 The words "used" or "occupied" as applied to any land or buildings shall be
construed to include the words "intended, arranged or designed to be used or
occupied."
401.8 The words "map," "zoning map" or "Granite Falls Zoning Map" shall mean the
Official Zoning Map of the Town of Granite Falls, North Carolina.
401.9 The term "Zoning Enforcement Officer" shall include the term "Watershed
Administrator."
401.10 The term "Zoning Permit" shall include the term "Watershed Protection Permit."
401.11 The phrase "date of recordation" shall mean the date on which the deed for a
parcel of property was filed with the Caldwell County Register of Deeds.
Section 402. Definitions.
402.1 Accessory. Fly Quarters. A separate and complete dwelling unit that is
contained within a single family dwelling or within an accessory structure to a
single family dwelling.
402.2 Accessory Building. A structure incidental and subordinate to the principal
structure and located on the same parcel with such principal structure. Above
ground and below ground pools shall be included in this definition as well as
detached canopies.
402.3 Accessory. A use customarily incidental and subordinate to the principal use
or building and located on the same lot with such principal use or building. A
manufactured home shall not be considered an accessory building or use.
Furthermore, in no instance shall an accessory use be placed upon a parcel which
is absent of a principal use.

402.4 Adult day care. The provision of group care and supervision in a place other than
their usual place of abode on a less than 24 hour basis to adults who may be
physically or mentally disabled. The following programs are exempted from the
provisions of G.S. 131D-6:
- those that care for three people or less;
- those that care for two or more persons, all of whom are related by blood
or marriage to the operator of the facility;
- those that are required by other statutes to be licensed by the Department
of Human Resources.
- facilities operated by churches.
402.5 Adult day care center. A day care program operated in a structure other than a
single family dwelling or a day health program operated in a structure other than a
single family dwelling.
402.6 Adult day care home. A day care program for 2 to 6 people operated in a single-
family dwelling.
402.7 Adult day health home. A day health program for 2 to 5 people operated in a
single-family dwelling.
402.8 Agricultural Use. The use of waters for stock watering, irrigation, and other farm
purposes.
402.9 Alley. A public or private thoroughfare which affords only a secondary means or
access to abutting property and not intended for general traffic circulation.
402.10 Alternative Structure. A structure which is not primarily constructed for the
purpose of holding antennas but on which one or more antennas may be mounted.
Alternative structures include, but are not limited to, buildings, silos, water tanks,
pole signs, lighting standards, steeples, billboards and electric transmission
towers.
402.11 Antenna. Any exterior transmitting or receiving tower which radiates or
captures electromagnetic waves (excluding radar signals).
402.12 Antenna, concealed. An antenna with a support structure that screens or
camouflages the presence of antennas and/or towers from public view, in a
manner appropriate to the site's context and surrounding environment. Examples
of concealed antennas include, but are not limited to, manmade trees, clock
towers, flagpoles, light structures, steeples, and similar objects.
402.13 Antenna, dual-band/multi-band. An antenna with separate elements for two or
more commercial wireless service frequency bands (example: Cellular and PCS
or Specialized Mobile Radio).
3

402.14 Automobile Repair. A facility which is operated for the purpose of repairing,
maintaining and/or reconstructing automobiles.
402.15 Automobile Sales Lot. A land use which utilizes a parcel of property for the
storage, open or concealed, and sale of new and/or used automobiles.
402.16 Automobile Salvage/Wrecking Yard. A lot or parcel of land on which the
dismantling or wrecking of used motor vehicles or the storage, sale or dumping of
dismantled or wrecked vehicles or their parts occurs. The presence on any lot or
parcel of land of two (2) or more motor vehicles, which, for a period exceeding
thirty (30) days, have not been capable of operating under their own power and/or
from which parts have been or are to be removed for reuse or sale, shall constitute
a prima -facie evidence of an automobile salvage/wrecking yard.
402.17 Automotive Car Wash/Detail Shop. A facility where either the owner of an
automobile or an employee of the establishment cleans automobiles.
402.18 Bed and Breakfast Inn - A house, or portion thereof, where short-term lodging
rooms and breakfast may be provided. The operator of the inn shall live on the
premises.
402.19 Best Management Practices (BMP). A structural or nonstructural management -
based practice used singularly or in combination to reduce non -point source
inputs to receiving waters in order to achieve water quality protection goals.
402.20 Billboard. An outdoor structure or display, pictorial or otherwise, either
freestanding or attached to a building, which advertises or attracts attention to a
business, commodity, service or other activity conducted, sold or offered not
necessarily on the premises on which said sign is located.
402.21 Buffer Strip. A combination of physical space and vertical elements, the purpose
of which is to separate and screen incompatible land uses from each other.
402.22 Building. Any structure having a roof supported by columns or by walls, and
intended for shelter, housing or enclosure of persons, animals or property. The
connection of two buildings by means of an open porch, breezeway, passageway,
carport or other such open structure, with or without a roof, shall not be deemed
to make them one building.
402.23 Building Height. The vertical distance measured from the average elevation of
the finished lot grade at the front building line to the highest point of the roof
beams adjacent to the front of the wall in the case of a flat roof, to the average
height of the gables in the case of a pitched roof, and to the deck line in the case
of a mansard roof.

402.24 Built -upon area. That portion of a development project that is covered by
impervious or partially impervious cover including buildings, pavement, gravel
roads, recreation facilities, etc., excluding wooden slatted decks and the water
area of a swimming pool.
402.25 Business Sign. A sign which directs attention to goods, commodities, products,
services, or entertainment sold or offered upon the premises where the sign is
located.
402.26 Canopy, Detached. A disconnected, separate roof -like structure, including
protective coverings over islands at gas stations and residential carports.
402.27 Cellar. A story having more than one-half of its height below the average level of
the adjoining ground. A cellar shall not be counted as a story for purposes of
height measurement.
402.28 Cemetery, Commercial/Municipal. A facility not used in conjunction with a
church or similar place of worship, which is being used for the burial, above or
below ground, of deceased human beings or animals. This definition includes
columbaria, crematories, mausoleums and mortuaries when operated in
conjunction with and within the boundaries of such cemetery.
402.29 Child day care facility. Includes any child day care center or child care
arrangement which provides day care for more than five children not including
the operator's own school -aged children, under the age of 13 years, on a regular
basis of at least once per week for more than four hours but less than 24 hours per
day, regardless of the time of day and regardless of whether the same or different
children attend. The following are not included: public schools; non-public
schools whether or not accredited by the State Department of Public Instruction,
which regularly and exclusively provide a course of grade school instruction to
children who are of public school age; summer camps having children in full-time
residence; churches; Bible schools conducted during vacation periods; facilities
licensed under Article 2 of Chapter 122C of the General Statutes; and cooperation
arrangements among parents to provide care for their own children as a
convenience rather than for employment. Day care facilities are separated by
capacity into the following categories which determine applicable requirements
and standards as established by the Commission pursuant to G.S. 110-88.
402.30 Child Day Care Center, Large. Any day care center that is authorized to provide
care for eighty (80) or more children.
402.31 Child Day Care Center, Medium. Any day care center that is authorized to
provide care for at least thirty (30) but no more than seventy-nine (79) children.
402.32 Child Day Care Center, Small. Any day care center that is authorized to provide
care for a maximum of twenty-nine (29) children.
5

402.33 Child Day Care Home. Any day care program or child care arrangement wherein
any person not excluded in G.S. 110-86(2) provides day care on a regular basis of
at least once per week for more than four hours per day for more than two
children under 13 years of age and fewer than six children at any one time,
wherever operated, and whether or not operated for profit. The four hour limit
applies regardless of the time of day and regardless of whether the same or
different children attend. Cooperative arrangements among parents to provide
care for their own children as a convenience rather than for employment are not
included. To determine whether a child care arrangement is a child day care
home, all children shall be counted except the operator's own school -aged
children and school -aged children who reside at the location of the day care home.
Notwithstanding the limitation to five children prescribed above, the day care
home operator may care for three additional school -aged children.
402.34 Clinic. An establishment where patients are admitted for special study and
treatment by one or more licensed practitioners in medically related arts.
402.35 Club, Civic. An establishment operated by an incorporated non-profit club or
non -incorporated association of persons for social, literary, political, educational,
fraternal or charitable purposes or to render a service which is customarily
conducted as a business. (example: Optimist, Ruritan, etc.)
402.36 Club, Commercial. An establishment, including but not limited to a cocktail
lounge, discotheque, nightclub or tavern whose principal business is to serve
alcoholic beverages for on -site consumption. Such facility may serve food,
provide dancing and entertainment as well as operate equipment commonly found
in a video arcade.
402.37 Club, Private. The term "private club" shall include associations and
organizations of a fraternal or social character whose membership is based upon
paid membership or which are maintained in connection with a golf course or
country club. This shall not include institutions operated as a business such as
nightclubs, cocktail lounges, discos or dance clubs whose principal revenue is
generated by the sale of alcoholic beverages consumed on premise.
402.38 Cluster Development. The grouping of buildings in order to conserve land
resources and provide for innovation in the design of the project. This term
includes non-residential development as well as single-family residential
subdivisions and multi -family developments that do not involve the subdivision of
land. Cluster developments shall be developed utilizing the identical standards
placed upon Planned Developments.
402.39 Co -location. The placement of additional antennas of antenna arrays on an
existing or approved communications tower (or alternative structure), the
C01

sharing of an antenna or antenna array, or otherwise sharing a common location
by two or more FCC licensed providers of personal wireless services. Co -
location includes antennas, transmitters, receivers and related electronic
equipment, cabling, wiring, equipment enclosures and other support equipment
or improvements located on the tower site.
402.40 Commercial wireless service provider. Persons who operate radio systems
requiring an FCC license and who employ those facilities to provide fixed
wireless (including microwave) or mobile wireless communication services to
third parties for compensation. Commercial wireless service providers include,
but are not limited to, Cellular, Personal Communication Services (PCS),
Specialized Mobile Radio (SMR), Enhanced Specialized Mobile Radio (ESMR),
paging, and Competitive Local Exchange Carriers (CLEC) utilizing point -to
multipoint microwave.
402.41 Communications tower. Any tower, pole or similar structure twenty (20)
feet or more in height, used to support one or more antennas.
402.42 Condominium. A system of separate ownership of individual units in a multiple -
unit building.
402.43 Congregate Housing. A structure or group of structures containing two (2) or
more dwelling units and rooming units limited in occupancy and occupied by
persons, their spouses, or surviving spouses, except for rooms or units occupied
by resident staff personnel, providing on -site, conveniently located, shared food
preparation services and major dining areas, and common recreational, social, and
service facilities for the exclusive use of all residents.
402.44 Critical Area. Area one-half mile upstream and draining to a water supply
reservoir or water intake located in a stream or river; or to the ridge line of the
watershed, whichever comes first.
402.45 Development. Any land disturbing activity which adds to or changes the amount
of impervious or partially impervious cover on a land area or which otherwise
decreases the infiltration of precipitation into the soil.
402.46 Discernible. Capable of being distinguished with the eye or mind from its
surroundings as a communications tower.
402.47 Drinking Establishment. An establishment where alcoholic beverages are
obtainable within or thereon and where such beverages are consumed on the
premises. This includes all bars, nightclubs, taverns and other similar
establishments. Food sales are incidental to the sale of alcoholic beverages,
representing less than fifty (50%) percent of the facility's total sales.

402.48 Dwelling Unit. A building or portion thereof designed, arranged or used for
permanent living quarters for one family. The term "dwelling unit" shall not be
deemed to include a motel, hotel or other structure designed for transient
residence.
402.49 Dwelling, Single -Family. A building designed for and containing one (1)
dwelling unit.
402.50 Dwelling, Two -Family. A building designed for and containing two (2) dwelling
units.
402.51 Dwelling, Multi -Family. A building designed for and containing three (3) or
more dwelling units.
402.52 Eating Establishment. An establishment engaged in the business of regularly and
customarily selling food, primarily to be eaten on the premises. Eating
establishments shall include businesses that are referred to as restaurants,
cafeterias or cafes, but that do not qualify as restaurants as defined elsewhere in
this ordinance. Eating establishments shall also include lunch stands, grills, snack
bars, fast-food businesses and other establishments such as drugstores, which
have a lunch counter or other section where food is sold to be eaten on the
premises.
402.53 Electric transmission towers. Metal towers used to suspend wires transporting
electricity between generating plants and substations supplying electricity to
distribution and feeder lines.
402.54 Electronic Gaming/Internet Sweepstakes. Any business enterprise where persons
utilize electronic machines, including but not limited to computers and gaming
terminals, to conduct games of chance, including sweepstakes, and where cash,
merchandise or other items of value are redeemed or otherwise distributed,
whether or not the value of such distribution is determined by electronic games
played or by predetermined odds. Electronic gaming operations may include, but
are not limited to, internet cafes, internet sweepstakes, electronic gaming
machines/operations, or cyber cafes. This does not include any lottery approved
by the State of North Carolina or any non profit operation that is otherwise lawful
under State Law (i.e. church or civic organization fundraisers).
402.55 Equipment enclosure. A building, cabinet or shelter used to house transmitters,
receivers and other electronic equipment and accessories at a wireless
communication facility.
402.56 Existing Development. Those projects that are built or those projects that at a
minimum have established a vested right under North Carolina zoning law as of
the effective date of this ordinance based on at least one of the following criteria:

(1) Building permits have been issued pursuant to NCGS 160A-417 prior to the
enactment of this Ordinance or amendments so long as the permit(s) remain
valid pursuant to NCGS 160A-418 and unrevoked pursuant to NCGS 160A-
422.
(2) A vested right has been established pursuant to NCGS 160A-385.1 and such
vested right remains valid pursuant to NCGS 160A-385.1.
402.57 FAA. Federal Aviation Administration.
402.58 Fall zone. An area around the base of a communication tower required to be kept
clear of buildings, other than equipment enclosures associated with the wireless
communication facility, to contain debris in the event of a tower structure failure.
402.59 Family. One or more blood related persons or five (5) or fewer unrelated persons
occupying a dwelling and living as a single housekeeping unit, as distinguished
from persons occupying a boarding house or hotel as herein defined.
402.60 Farm. Any tract of land containing at least three (3) acres which is used for
dairying or for the raising of agricultural products, forest products, livestock or
poultry, and which may include facilities for the sale of such products from the
premises where produced. This definition shall not include agricultural industries.
402.61 FCC. Federal Communications Commission.
402.62 Fence. Any artificially constructed barrier of any material or combination of
materials erected to enclose or screen areas of land.
402.63 Flea Market. A building or open area in which stalls or sales areas are set aside,
rented, or otherwise provided and which are intended for use by individuals for
the sale of goods.
402.64 Functionally equivalent services. FCC -licensed providers of Commercial
Mobile Radio Services (CMRS) classified as Cellular, Personal Communication
Services (PCS), Paging, Specialized Mobile Radio (SMR) and Enhanced
Specialized Mobile Radio (ESMR).
402.65 Governmental User. Federal, State or local governments, or agencies or
instrumentalities thereof, volunteer fire departments or rescue squads which
operate radio systems (including microwave) requiring an FCC license and which
employ those facilities exclusively for intra-governmental or inter -governmental
public service, public safety or administrative purposes.
402.66 Grade. An average level of the finished surface of the ground adjacent to the
exterior walls of the building or structure.
I

402.67 Gross Floor Area. The total floor area of all buildings in a project including
basements, mezzanines and upper floors exclusive of stairways and elevator
shafts. It excludes separate service facilities outside the main building such as
boiler rooms and maintenance shops.
402.68 Hazardous Material. Any substance listed as such in: SARA section 302,
Extremely Hazardous Substances, CERCLA Hazardous Substances, or Section
311 of CWA (oil and hazardous substances).
402.69 Heliports. A landing and takeoff facility or area for a helicopter.
402.70 Home Occupation. Any use conducted entirely within the dwelling and carried
on by the occupants thereof, which use is clearly incidental and secondary to the
use of the dwelling for residential purposes and does not change the character
thereof.
402.71 Industrial Development. Any non-residential development that requires an
NPDES permit for an industrial discharge and/or requires the use or storage of
any hazardous material for the purpose of manufacturing, assembling, finishing,
cleaning or developing any product.
402.72 Junk/Salvage Yard. An area where waste and/or used secondhand materials are
bought, sold, exchanged, stored, processed or handled. Materials shall include but
are not limited to scrap iron and other metals, paper, rags, rubber tires and bottles.
An automobile wrecking yard is also considered a junk/salvage yard.
402.73 Kennel, Commercial. A place or facility established to house, board on a long
term or short term basis, breed, handle, train, or otherwise keep or care for dogs
belonging to the owner or occupant of the property, customers, patrons, or others,
or lost or strayed animals, for compensation or as a humanitarian gesture.
402.74 Kennel, Private. A place or facility where five (5) or more dogs over four (4)
months of age are maintained by the owner or occupant of the property for the
owner's personal enjoyment, hobby or sport, whether or not for compensation.
402.75 Landfill. A facility for the disposal of solid waste on land in a sanitary manner in
accordance with Chapter 130A Article 9 of the N.C. General Statutes. For the
purpose of this ordinance this term does not include composting facilities.
402.76 Lot. A parcel of land occupied or capable of being occupied by a building or
group of buildings devoted to a common use, together with the customary
accessories and open spaces belonging to the same.
402.77 Lot, Corner. A lot which occupies the interior angle at the intersection of two
street lines which make an angle of no more than 45 degrees and less than 135
degrees with each other. The street line forming the least frontage shall be
10

deemed the front of the lot except where the two street lines are equal, in which
case the owner shall be required to specify which is the front when requesting a
zoning compliance permit.
402.78 Lot Depth. The mean horizontal distance between the front and rear lot lines.
402.79 Lot of Record. A lot which is part of a subdivision, a plat or which has been
recorded in the office of the Caldwell County Register of Deeds or a lot described
by metes and bounds, the description of which has been so recorded at the County
Courthouse.
402.80 Lot Width. The mean horizontal distance between the side property lines.
402.81 Major Variance (from the Watershed Requirements). A variance that results in
any one or more of the following:
(1) the complete waiver of a management requirement;
(2) the relaxation, by a factor of more than ten (10) percent, of any
management requirement that takes the form of a numerical standard;
(3) the relaxation of any management requirement that applies to a
development proposal intended to qualify under the high density option.
402.82 Manufactured Home. A structure, transportable in one (1) or more sections,
which in the traveling mode is eight (8) body feet or more in width, or forty (40)
body feet or more in length, or, when erected on site, is three hundred twenty
(320) or more square feet; and which is built on a permanent chassis and designed
to be used as a dwelling, with or without permanent foundation when connected
to the required utilities including the plumbing, heating, air conditioning and
electrical systems contained therein. Manufactured homes are classified into
three (3) categories as follows:
Class A, Manufactured Home (Modular). A single family manufactured home
constructed in accordance with the standards set forth in the North Carolina State
Building Code and composed of components substantially assembled in a
manufacturing plant and transported to the building site for final assembly on a
permanent foundation and also meeting the Town of Granite Falls appearance
criteria for the zoning district in which it is located, as determined by the Granite
Falls Zoning Enforcement Officer or designee.
Class B, Manufactured Home (Double -Wide). A manufactured home that meets
or exceeds the construction standards established by the U.S. Department of
Housing and Urban Development that were in effect at the time of construction
and is a multi -section unit. The home must also meet the Town of Granite Falls
appearance criteria for the zoning district in which it is located, as determined by
the Granite Falls Zoning Enforcement Officer or designee.
11

Class C, Manufactured Home (Single -Wide). A manufactured home that meets or
exceeds the construction standards established by the U.S. Department of Housing
and Urban Development that were in effect at the time of construction. The home
must also meet the Town of Granite Falls appearance criteria for the zoning
district in which it is located, as determined by the Granite Falls Zoning
Enforcement Officer.
402.83 Manufactured Home Park. Any place or tract of land maintained, offered or used
for the parking of two or more mobile homes or trailer houses for rental or lease
and used or intended to be used for living or sleeping quarters.
402.84 Marina. A commercial facility for the wet or dry storage, launching or mooring
of boats, together with all accessory structures and uses.
402.85 Mature Vegetative canopy. The more or less continuous cover of branches and
foliage which have reached their mature height formed collectively by the crowns
of adjacent trees that have reached their mature height and provide concealment.
402.86 Minor Variance (from the Watershed Requirements). A variance that does not
qualify as a major variance.
402.87 Mini -warehouses (self-service storage facility). A building or group of buildings
that contain small, individual, compartmentalized, and controlled access stalls or
lockers for storage of business and household goods.
402.88 Modification. The addition, removal, repositioning (other than down tilt
adjustments), alteration or other material change in the number of type of
antennas employed in a wireless communications facility; changes in the
height, size, shape or appearance of communications towers; and increases in
the number or size of equipment enclosures or other improvements at an existing
or approved wireless communication facility.
402.89 Modular Home. A dwelling unit constructed in accordance with the standards set
forth in the North Carolina State Residential Building Code, as amended, and
composed of components substantially assembled in a manufacturing plant and
transported to the building site for final assembly on a permanent foundation. A
modular home shall consist of two or more sections transported to the site on a
truck and erected or joined together on the site. (See Manufactured Home, Class
A)
402.90 Motel/Hotel. A building in which lodging or board and lodging are provided for
transient guests and offered to the motoring public for compensation.
402.91 Nonconforming Structure. A structure that does not conform to the dimensional,
height, elevation, location, appearance standards or other requirements of this
12

Ordinance. The nonconformity may result from adoption of this Ordinance or any
subsequent amendment.
402.92 Nonconforming Use. A building or land which does not conform to the use
regulations of this ordinance for the district in which it is located, either at the
effective date of this ordinance, or as a result of subsequent amendments which
may be incorporated into this ordinance.
402.93 Non-residential Development. All development other than residential
development, agriculture and silviculture(forestry).
402.94 Nursing Home/Rest Home. A home for aged or ill persons in which three (3) or
more persons not of the same immediate family are provided with food, shelter
and care for compensation; but not including hospitals, clinics, or similar
institutions devoted primarily to diagnosis and treatment.
402.95 Open Space. Any front, side or rear yards, courts, usable open space provided
about a building in order to meet the requirements of this code.
402.96 Open Storage. Unroofed storage area, whether fenced or not.
402.97 Overlay District. A zoning district which applies supplementary or replacement
regulations to the underlying zoning district.
420.98 Package Store. A retail establishment which primarily sells alcoholic beverages
for off -premise consumption.
402.99 Parking Lot. Any designated area designed for temporary accommodation of
motor vehicles of the motoring public in normal operating condition whether for a
fee or as a service.
402.100Parking Space/Stall. A storage space for a motor vehicle.
402.10IPerson. Any individual, partnership, limited partnership, company, corporation,
trust, estate, agency, association or other legal entity and their successors and
assigns.
402.102Planned Development (PD). A form of development characterized by a unified
site design for a number of housing units, clustering of buildings and providing
common open space, density increases, and a mix of building types. It permits
the planning of a project and a calculation of densities over the entire
development rather than on an individual lot -by -lot basis. Such development shall
be based on a plan which allows for flexibility of design not available under
normal district requirements.
13

402.103Principal Building/Structure. A building in which is conducted the main or
principal use of the lot on which said building is situated.
402.104Principal Use. The primary purpose or function that a lot or structure serves or is
proposed to serve.
402.105Private business user. Persons who operate radio facilities (including
microwave) requiring an FCC license solely for intra-company communications
and who do not employ those facilities to offer fixed or mobile wireless
communication third parties services to for compensation.
402.106Protected Area. Area five miles upstream and draining to a water supply
reservoir, or to the ridge line of the watershed, whichever comes first; or ten miles
upstream and draining to a water intake located in a stream or river, or to the ridge
line of the watershed, whichever comes first.
402.107Recreation and Amusement Facility. A commercial facility providing
recreational activities including, but not limited to, gymnasiums, amusement
arcades, bowling alleys, shuffleboard courts, batting cages, miniature golf, golf
driving ranges, par three golf, billiards or pool halls, dance schools or classes,
skating rinks and indoor movie theaters.
402.108Religious Institution. A church, synagogue, temple, mosque or other place of
religious worship that operates as a private, non-profit, tax-exempt institution,
including any customary accessory use or structure, such as a school, day care
center, or dwelling located on the same lot.
402.109Replacement tower. A communications tower intended to replace an
existing approved tower where such replacement tower is (1) at or within 50 feet
of the existing tower base, and (2) no higher than the existing tower.
402.110Residential Development. Buildings for residence such as attached and detached
single-family dwellings, apartment complexes, condominiums, townhouses,
cottages, etc. and their associated outbuildings such as garages, storage buildings,
gazebos, etc.
402.111Restaurant. An establishment substantially engaged in the business of preparing
and serving meals. To qualify as a restaurant, an establishment's gross receipts
from food and nonalcoholic beverages shall be not less than thirty percent (30%)
of the total gross receipts from food, nonalcoholic beverages and alcoholic
beverages. A restaurant shall also have a kitchen and an inside dining area with
seating for at least thirty-six (36) people.
402.112Screening. A fence, wall, hedge, landscaping, natural buffer area or any
combination of these provided to create a visual separation. A screen may be
14

located at the property line or elsewhere on the site, as determined by the use to
be screened.
402.113Setback. The minimum distance that a structure can be constructed or erected in
relation to property and/or right-of-way lines, excluding the outermost three (3)
feet of any uncovered porches, steps, eaves, gutters and similar fixtures. Front
yard setbacks shall be measured from the outermost edge of the dedicated right-
of-way. In the event the lot in question does not directly abut upon a dedicated
right-of-way, the front yard shall be measured from the property line or outermost
edge of any access easement. In the case of a corner lot the applicant for a Zoning
Permit shall state which frontage is intended to serve as the front yard.
402.114Sewer System, Individual. An individual septic tank system for sewage disposal.
Individual sewage disposal systems must be installed and maintained in
accordance with the Division of Health Services, N.C. Department of Human
Services "Rules and Regulations Governing the Disposal of Sewage from any
Residence, Place of Business or Place of Public Assembly in North Carolina" and
the regulations of the County Board of Health.
402.115Sewer System, Public. A system serving two or more connections. Plans for
public and community sewer systems must be approved by the Division of
Environmental Management, North Carolina Department of Natural Resources
and Community Development. Package treatment plants are expressly prohibited.
402.116Shared Access. The mutual use of one or more points of ingress or egress by
establishments on separate lots.
402.117Shared Parking. The development and use of parking areas on two or more
separate properties for joint use by the businesses on those properties.
402.118Si�n. Any form of publicity, visible from any public highway directing attention
to an individual activity, business, service, commodity or product and conveyed
by means of words, figures, numerals, lettering, emblems, devices, designs,
trademarks, or trade names or other pictorial matter designed to convey such
information and displayed by means of bills, panels, posters, paints, or other
devices erected on an open framework, or attached or otherwise applied to posts,
stakes, poles, trees, buildings, or other structures or supports.
402.119Sign Are . Sign area shall be measured by the smallest square, rectangle,
triangle, circle or combination thereof, which will encompass the entire
advertising copy area, excluding architectural trim and structural members. In
computing area, only one side of a double-faced sign shall be considered.
402.120Sign, Off -Site. A sign which directs attention to a business, commodity, activity,
service or product not necessarily conducted, sold or offered upon the premises
where such sign is located. (See Billboard)
15

402.121 Sign, On -Site. A sign which directs attention to a business, profession,
commodity, service or entertainment sold or offered upon the premises where
such sign is located or to which it is attached. (See Business Sign)
402.122Sign, Portable. A portable sign is any sign that is intended to be readily
relocated or which is not permanently affixed to a structure or to the ground.
This shall include signs on wheels, trailers, truck trailers, truck beds, A -frames
or any other device which is capable of or intended to be moved from one
location to another. This does not apply to signs or lettering on vehicles in
operation during the normal course of business, however it would apply to
those that are parked or located for the primary purpose of displaying said sign.
402.123Single Family Residential Development. Any development where: 1) no
building contains more than one dwelling unit; 2) every dwelling unit is on a
separate lot; and 3) where no lot contains more than one dwelling unit.
402.124Site Specific Development Plan. A plan which has been submitted to the Town
describing with reasonable certainty the type and intensity of use for a specific
parcel or parcels of property. Such plan may be in the form of, but not limited to,
any of the following plans or approvals: 1) a planned development plan, 2) a
subdivision plat, 3) a conditional use permit, or 4) a zoning compliance permit.
Unless otherwise expressly provided by the Town such plan shall include the
approximate boundaries of the site; significant topographical features; the
approximate location of any proposed structures; the approximate dimensions,
including height, of any proposed structures; the approximate location of existing
and proposed infrastructure on the site, including but not limited to water, sewer,
roads and pedestrian walkways.
A variance shall not constitute a site specific development plan, and approval of a
site specific development plan with the condition that a variance be obtained shall
not confer a vested right unless and until the necessary variance is obtained.
Neither a sketch plan nor any other document which fails to describe with
reasonable certainty the type and intensity of use for a specified parcel or parcels
or property shall constitute a site specific development plan.
402.125Special Use Permit. A Special Use Permit is a permit issued by the Board of
Adjustment after said Board has held a public hearing. Special Use Permits may
be issued within any of the use districts outlined in this Ordinance. For example
within an R-20A District an NB-SU permit may be issued for a site -specific
development proposal for any use permitted by right within the NB District. The
development proposal authorized by a Special Use Permit shall comply with all
provisions of the corresponding district. Additional conditions may be attached to
any Special Use Permit. Non-compliance with approved conditions would
constitute a revocation of the Special Use Permit.
16

402.126Stoa. That portion of a building comprised between a floor and the floor or roof
next above. The first floor of a two or multi -story building shall be deemed the
story that has no floor immediately below it that is designed for living quarters or
for human occupancy. Those stories above the first floor shall be numbered
consecutively.
402.127Street Road, Lane, Way, Terrace, Drive, Circle, Court etc.). A dedicated,
recorded and accepted public right-of-way for vehicular traffic which affords the
principal means of access to abutting properties.
402.128Street Orientation. The direction of the architectural front facade of a building in
relation to the street.
402.12 9 Structure. Anything constructed or erected, the use of which requires more or
less permanent location on the ground or which is attached to something having
more or less permanent location on the ground.
402.13 0 Structure, Temporary. A building placed on a lot for a specific purpose which is
to be removed within a specified time period. Examples of temporary structures
are monitoring stations, mobile classrooms, construction trailers and produce
stands.
402.131 Structural Alterations. Any change on the supporting members of a building,
such as bearing walls or partitions, columns, beams, or girders, or any structural
change in the roof, or dimensions or the rooms therein.
402.132Subdivision. All divisions of a tract or parcel of land into two or more lots,
building sites or other divisions for the purpose (whether immediate or future) of
sale, lease, legacy or building development; it includes all divisions of land
involving a new street to which the public has access (whether public or private)
or a change in an existing street, and includes resubdivision and, where
appropriate to the context, relates to the process of subdividing or to the land or
area subdivided; provided, however, that the following are not included within
this definition:
a. The combination or recombination of portions of previously platted lots
where the total number of lots is not increased and the resultant lots are
equal to the standards of these regulations; and
b. The division of land into parcels of ten acres or more where no new street
is involved.
402.133Surfacing Material. A material whose natural characteristics provide a hard, non -
flexible, rigid and relatively flat groundcover. Concrete and asphalt (including
porous asphalt and concrete) are examples of surfacing materials. Gravel shall not
be considered a surfacing material.
17

402.134Tower base. The foundation, usually concrete, on which the communications
tower is situated. For measurement calculations, the tower base is the actual or
geometric center of the tower.
402.135Tower height. The vertical distance measured from the tower base to the highest
point on a communications tower, including any antennas or other equipment
affixed thereto, but excluding any lightning protection rods extending above the
tower and attached equipment.
402.136Tower site. The land area which contains, or will contain, a proposed
communications tower, and related equipment enclosures and other
improvements.
402.137Variance. The term 'variance" shall mean a modification of the literal provisions
of the Zoning Ordinance granted when strict enforcement of the Zoning
Ordinance would cause undue hardship owing to circumstances unique to the
individual property on which the variance is granted. A permission to develop or
use property granted by the Watershed Review Board relaxing or waiving a water
supply watershed management requirement adopted by the Environmental
Management Commission that is incorporated into this ordinance.
402.138Veterinary Clinic/Hospital. A facility whose practitioners are licensed by the
State of North Carolina to treat diseased or injured animals.
402.139Visible. Capable of being seen by the unaided eye in daylight.
402.140Water Dependent Structure. Any structure for which the use requires access to or
proximity to or citing within surface waters to fulfill its basic purpose, such as
boat ramps, boat houses, docks and bulkheads. Ancillary facilities such as
restaurants, outlets for boat supplies, parking lots and commercial boat storage
areas are not water dependent structures.
402.141 Watershed. The entire land area contributing surface drainage to a specific point
(e.g. the water supply intake.)
402.142Watershed Administrator. An official designated by the Town of Granite Falls
responsible for administration and enforcement of this Ordinance. The duties of
the Watershed Administrator may also be performed by the Zoning Enforcement
Officer or other designated personnel.
402.143Water System, Public. Water supply systems serving ten (10) or more
connections are classified as a public water supply by State law. Plans and
specifications must be approved by the Sanitary Engineering Section, Division of
Health Services, North Carolina Department of Human Resources.

402.144Water System, Semipublic. Water supply systems serving from two (2) to nine
(9) connections, inclusive. This system may be regulated by the County Board of
Health, and plans should be approved by the Caldwell County Health Department.
402.145Water System, Individual. A drilled or bored well or spring which serves a
single connection. Individual water supply systems should be located,
constructed and operated in accordance with the Division of Health Services,
North Carolina Department of Human Resources.
402.146Wireless communication facility. Equipment at a single location used by a
private business user, governmental user or commercial wireless service provider
to transmit, receive or relay electromagnetic signals (including microwave). Such
facility includes antennas or antenna arrays, telecommunications towers, support
structures, transmitters, receivers, base stations, combiners, amplifiers, repeaters,
filter or other electronic equipment; together with all associated cabling, wiring,
equipment enclosures and other improvements.
402.147Yard. An open space on the same lot with a principal building, unoccupied and
unobstructed from the ground upward.
402.148Yard, Front. An open space on the same lot with a principal building, between
the front line of the building (exclusive of steps) and the front property or street
right-of-way line and extending across the full width of the lot.
402.149Yard, Rear. An open, unoccupied space extending the full width of the lot and
situated between the rear line of the lot and the rear line of the building projected
to the side lines of the lot.
402.150Yard, Side. An open, unoccupied space situated between the side line of the
building and adjacent side line of the lot and extending from the rear line of the
front yard to the front line of the rear yard.
402.151Zoning Administrator. Town of Granite Falls official charged with the
responsibility of enforcing this ordinance.
402.152Zoning Permit. Permit issued by the Zoning Administrator indicating that a
proposed use is in compliance with requirements of this ordinance.
(Pages 20 Through 25 Are Reserved For Future Use)
19