Kernersville UDO_See Ch 4

UDO
Town of Kernersville Unified Development Ordinance
The Unified Development Ordinance (UDO) contains the growth management regulations of the Town of
Kernersville. The tabs to the left will take you to the different sections of the UDO.
April 3, 2018

CHAPTER A - DEFINITIONS ORDINANCE
ARTICLE I - GENERAL
1-1 SHORT TITLE
This Ordinance shall be known and may be cited as the Definitions Ordinance, except as referred to herein,
where it shall be known as this Ordinance. This Ordinance and the Zoning Ordinance and the Environmental
Ordinance, and the Subdivision Ordinance shall collectively be known and cited as the Unified Development
Ordinances.
1-2 PURPOSE
The purpose of this Ordinance is to establish a set of definitions applicable to the Zoning Ordinance, the
Environmental Ordinance, and the Subdivision Ordinance of the adopting jurisdiction.
1-3 MEANING OF DEFINITIONS
Unless otherwise expressly stated, or unless the context clearly indicates a different meaning, the words and
phrases in the following list of definitions shall, for the purposes of the Unified Development Ordinance,
have the meanings indicated. All words and phrases not defined in this Article shall have their common
meaning.
1-4 TENSES
When used in this Ordinance, the present tense includes the future, the singular includes the plural, and words
of one gender include the other, as may be applicable. The word shall is mandatory, not directory. The word
use includes designed for use.
1-5 THE STANDARD INDUSTRIAL CLASSIFICATION MANUAL -1987
The definitions of some principal uses listed in this Article reference the Standard Industrial Classification
Manual -1987. This manual was updated and renamed the North American Industrial Classification Manual
in 1997. In making an interpretation regarding the classification of uses pursuant to this Article, the Zoning
Administrator may refer to the appropriate standard industrial classification (SIC) number and accompanying
descriptions contained in the latest edition of the manual. This manual may or may not be the final
determination of the use.
1-6 EROSION CONTROL DEFINITIONS
Those definitions contained in the North Carolina Sedimentation Pollution Control Act of 1973, as amended,
and adopted as part of the local Sediment and Erosion Control Ordinance, contained in the Environmental
Ordinance, are delineated with (EROSION CONTROL) at the end of the definition.
1-7 ILLUSTRATIONS
Illustrations are provided for purposes of describing, clarifying, or providing examples of the definitions in
the text, and do not replace or limit the meaning of the text.
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CHAPTER A - DEFINITIONS ORDINANCE
ARTICLE II - DEFINITIONS
ABATTOIR. See Meat Packing Plant.
ABC STORE (LIQUOR). An establishment run by
the Alcoholic Beverage Control Board selling
alcoholic beverages.
ACADEMIC MEDICAL CENTER. Buildings and
other facilities and improvements used by an
accredited medical school and its affiliated teaching
hospital (separately or jointly) located on land owned
by the hospital, medical school, and/or other nonprofit
coordinating corporation (assisting the hospital and
medical school) or a combination thereof. All of the
land on which an Academic Medical Center is located
shall be considered as one zoning lot.
ACCELERATED EROSION. Any increase over the
rate of natural erosion as a result of land disturbing
activity. (EROSION CONTROL)
ACCESSORY STRUCTURE. See Structure,
Accessory.
ACCESSORY USE. See Use, Accessory.
ACT, EROSION CONTROL. The North Carolina
Sedimentation Pollution Control Act of 1973 and all
rules and orders adopted pursuant to it and
amendments. (EROSION CONTROL)
ACTIVITY CENTER. An area with existing or
potential for concentrated mixed use development
identified in the Land Use Plan Map element of the
Kernersville Development Plan. A metro activity
center contains approximately a '/a mile radius core
area of high density residential, commercial and office
uses surrounded by high to moderate density
residential, all following specific development
guideline standards.
ADEQUATE EROSION CONTROL MEASURE,
STRUCTURE, OR DEVICE. A measure, structure
or device which controls the soil material within the
land area under responsible control of the person
conducting the land disturbing activity. (EROSION
CONTROL)
ADULT DAY CARE CENTER. A day care facility
in which day care is provided to seven (7) or more
adolescents, or disabled or older adults.
ADULT DAY CARE HOME. A day care facility in
which day care is provided for up to six (6)
adolescents, or disabled or older adults.
ADULT ESTABLISHMENT. Any structure or use
of land which meets the definition of adult
establishment as outlined in North Carolina General
Statue Sec. 14-202.10 (Licensed health massage/body
work therapists shall not be considered a massage
business.) and Town of Kernersville Code of
Ordinances, Chapter 5 Business Regulation and
Taxation, Article V. Adult Establishments.
Notwithstanding the definition of "adult bookstore"
contained in G.S. 14-202.10 (1), "adult bookstore"
means a business establishment that:
(a) Has as one of its principal business purposes
the sale or rental of, or,
(b) Has a substantial or significant portion of its
stock or trade for sale or rental;
"publications" which are distinguished or
characterized by their emphasis on matter depicting,
describing, or relating to (i) "specified anatomical
areas," as defined in G.S. 14-202.10 (10), or "specified
sexual activities," as defined in G.S. 14-202.10 (11);
and/or (ii) "sexually oriented devices," as defined in
G.S. 14-202.10 (9).
As used in this definition, "publications" include, by
way of illustration, books, magazines, other
periodicals, movies, video tapes, and other products
offered in photographic, electronic, magnetic, digital
or other imaging medium.
In addition to all other information available to the
Zoning Officer in making a determination whether a
particular use is an "adult bookstore," any of the
following shall be indicia that an establishment has as
one of its principal business purposes the sale or rental
of "publications" which are distinguished or
characterized by their emphasis on matter depicting,
describing or relating to (i) "specified sexual
activities," as defined in G.S. 14-202.10 (10), or
"specified anatomical areas," as defined in G.S. 14-
202.10 (11); and/or (ii) "sexually oriented devices," as
defined in G.S. 14-202.10 (9):
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(a) Restricted access to the business
establishment or portions of the business
establishment by persons under 16 years of
age;
(b) Posted signs or notices outside and/or inside
the business establishment indicating that the
material offered for sale or rental might be
offensive;
(c) The building or portion of the building
containing the business establishment does
not have windows or has windows that are
screened or otherwise obstructed or are
situated in a manner that restricts visual
access from outside the building to materials
displayed within for sale or rental.
Notwithstanding the definition of "adult mini -motion
picture theater" contained in G. S. 14-202.10 (6), "adult
mini -motion picture theater" means an enclosed
building with one or more viewing booths or
partitioned areas designed to hold patrons for the
presentation and viewing of motion pictures (film,
videotape, laser disc, CD-ROM or other imaging
media), where:
(a) One of the principal business purposes is the
presentation and viewing of motion pictures
in the viewing booths that; or,
(b) A substantial or significant portion of the
stock of motion pictures available for
viewing or that are actually viewed in the
viewing booths;
are distinguished or characterized by their emphasis on
matter depicting, describing or relating to (i)
"specified anatomical areas," as defined in G.S. 14-
202.10 (10), or "specified sexual activities," as defined
in G.S. 14-202.10 (11); and/or (ii) "sexually oriented
devices," as defined in G.S. 14-202.10 (9).
In addition to all other information available to the
Zoning Officer in making a determination whether a
particular use is an "adult mini -motion picture
theater," any of the following shall be indicia that the
business establishment has as one of its principal
business purposes the presentation and viewing in
viewing booths motion pictures which are
distinguished or characterized by their emphasis on
matter depicting, describing or relating to (i)
"specified sexual activities," as defined in G.S. 14-
202.10 (10), or "specified anatomical areas," as
defined in G.S. 14-202.10 (11) and/or (ii) "sexually
oriented devices," as defined in G.S. 14-202.10 (9):
(a) Restricted access to the business
establishment or portions of the business
establishment where viewing booths are
located by persons under 16 years of age;
(b) Posted signs or notices outside and/or inside
the business establishment indicating that the
material offered for presentation and viewing
in the viewing booths might be offensive;
(c) The portion of the building containing the
viewing booths is screened or otherwise
located or situated in a manner that restricts
or limits complete visual access to the booths
from the primary or principal clerk or cashier
area.
AGRICULTURAL LAND. Any parcel of land which
is used in the raising of agricultural, dairy, or forest
products, livestock, poultry, or fur -bearing animals.
(EROSION CONTROL)
AGRICULTURAL PRODUCTION, CROP. The
use of land for the primary purpose of raising and
harvesting row, field, or tree crops on a commercial
basis on a bona fide farm. The growing and sale of
agricultural crops on the premises shall not constitute
agricultural crop production.
AGRICULTURAL PRODUCTION,
LIVESTOCK. The use of land for the primary
purpose of raising animals or producing animal
products, such as eggs or dairy products, on a
commercial basis on a bona fide farm, including
grazing, ranching, and dairy farming.
AIRPORT, PRIVATE. A landing field for the
private use of the property owner or lessee, including
hangar area for aircraft used by the owner or lessee at
the private airport.
AIRPORT, PUBLIC. Landing fields, aircraft parking
and service facilities, passenger and baggage
terminals, and related facilities for operation, service,
fueling, repair, storage, charter, sales, and rental of
aircraft, operated by an airport authority.
ALLEY. A service way providing a secondary means
of public access to abutting property.
AMORTIZATION. The process of providing for a
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timed extinction of a use which is not in compliance
with this Ordinance.
ANIMAL FEEDING OPERATION. An
establishment primarily engaged in raising hogs or
poultry, or the fattening of beef cattle, in a confined
area. This definition includes all uses in the following
SIC groups:
0211 Beef Cattle Feedlots
0213 Hogs
025 Poultry and Eggs
ANTENNA — Communications equipment that
transmits, receives, or transmits and receives
electromagnetic radio signals used in the provision of
all types of wireless communications services.
ANTENNA, SUBSTANTIAL MODIFICATION —
The mounting of a proposed wireless facility on a
wireless support structure that substantially changes
the physical dimensions of the support structure. A
modification is presumed to be substantial if it meets
any one or more of the criteria listed below:
a. A 10% increase in tower height or by the height
of one additional antenna array with separation
from the nearest existing antenna not to exceed
twenty feet or whichever is greater;
b. The installation of more than the standard number
of new equipment cabinets for the technology
involved, not to exceed four cabinets or an
equipment compound expansion of more than
2,500 square feet, or more than one new
equipment shelter;
c. A proposed antenna would involve adding an
appurtenance that would protrude from the body
of the tower more than twenty feet, and more than
the width of the tower structure at the level of the
appurtenance, whichever is greater; or
d. The proposed modification would involve
excavation outside the current tower site, defined
as the current boundaries of the leased or owned
property surrounding the tower and any access or
utility easements currently related to the site.
ARCHITECT. A person licensed to practice
architecture in the State of North Carolina.
AREA PLAN. See Development Guide.
ARTIFICIAL OBSTRUCTION. Any object or
material which is not a natural obstruction, including
any which, while not a significant obstruction in itself,
is capable of accumulating debris and thereby
reducing the flood -carrying capacity of a stream.
ARTS AND CRAFTS STUDIO. The creation of
objects in a studio, made one at a time, by hand. Such
creation includes, but is not limited to, woodworking,
tin-smithing, silver-smithing, pottery throwing, glass
blowing, painting, weaving, caning, metal working,
and sculpting.
ASPHALT AND CONCRETE PLANT AND
CONTRACTORS. A facility preparing asphaltic
and/or concrete mixtures for street and driveway
paving, including contractors engaged in asphalt
and/or cement work. This definition includes all uses
in the following SIC groups:
177 Concrete Work
2951 Asphalt Paving Mixtures and Blocks
AUTOMATIC TELLER MACHINE. A type of
banking and financial services with automated or self-
service banking features with no staff or personnel
provided.
BANKING AND FINANCIAL SERVICES. A
facility engaged in deposit banking or extending credit
in the form of loans. This definition includes all uses
in the following SIC groups:
60 Depository Institutions
61 Non -depository Institutions
BASEMENT. A fully enclosed space with fifty
percent (50%) or more of its cubical content below the
finished grade of the ground surface at the walls of the
building.
BED AND BREAKFAST. An owner occupied or
manager -occupied residential structure providing
rooms for overnight lodging, or lodging and meals, for
more than three (3) but not more than eight (8) guests
on a paying basis.
BEING CONDUCTED. Being conducted means a
land disturbing activity has been initiated and
permanent stabilization of the site has not been
completed. (EROSION CONTROL)
BLOCK. An area of land bounded by streets or by a
combination of streets and public parks, cemeteries,
railroad rights -of -way, waterways, shorelines, or any
other barrier to the continuity of development.
BOARDING OR ROOMING HOUSE. An owner
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occupied dwelling, or part thereof, in which lodging is
provided to more than three (3) but not more than eight
(8) paying guests on a weekly or longer basis.
BORROW. Fill material which is required for on -site
construction and is obtained from other locations.
(EROSION CONTROL)
BORROW SITE. Any place or premises where not
more than one acre of land is disturbed at any one time,
and where dirt, soil, sand, gravel, or other material is
removed for any purpose other than that necessary and
incidental to grading or building construction on the
site.
BREWERY. A facility that contains a taproom and/or
brewpub and produces more than 15,000 barrels of
beer per year and sells the majority of the beer it
produces for off -site resale and consumption.
BREWPUB. An eating and drinking establishment
that produces less than 15,000 barrels of malt
beverages per year.
BROADCAST STUDIO. An establishment primarily
engaged in providing two-way radio/telephone
communication services, telephone voice and data
communications, telegraph services, radio and
television broadcasting, or cable and other pay
television services, but excluding those uses classified
as utilities. This definition includes all uses in the
following SIC group:
48 Communications
BUFFERYARD. The portion of a yard where special
plantings may be required by the Zoning Ordinance to
separate and partially screen two adjacent land uses
that are ordinarily incompatible by virtue of their use.
BUFFER ZONE. The strip of land adjacent to a lake
or natural watercourse. (EROSION CONTROL)
BUILDABLE AREA. The area of a zoning lot
remaining after the minimum setback requirements of
this Ordinance have been satisfied.
BUILDING. Any structure having a roof supported
by columns or walls and intended for the shelter,
housing, or enclosure of any person, process,
equipment, or goods.
BUILDING, COMMERCIAL. A building designed
and used to provide services and for the sale of
products to the general public.
BUILDING CONTRACTORS, GENERAL. An
establishment providing general contracting and/or
building construction services for residential, farm,
industrial, or commercial uses, and which typically
does not involve outdoor storage of machinery or
equipment. This definition includes the following SIC
groups:
15
General Building Contractors
171
Plumbing, Heating, Air -Conditioning
172
Painting and Paper Hanging
173
Electrical Work
174
Masonry, Stonework, and Plastering
175
Carpentry and Floor Work
176
Roofing, Siding, and Sheet Metal Work
1793
Glass and Glazing Work
1796
Installing Building Equipment, NEC
1799
Special Trade Contractors, NEC
BUILDING CONTRACTORS, HEAVY. An
establishment providing general contracting and/or
building construction services other than for buildings,
such as highways and streets, bridges, sewers, and
flood control projects, and which may involve outdoor
storage of machinery or equipment. This definition
includes the following SIC groups:
16
Heavy Construction, Except Building
178
Water Well Drilling
1791
Structural Steel Erection
1794
Excavation Work
1795
Wrecking and Demolition Work
BUILDING HEIGHT. See Height, Building.
BUILDING, INDUSTRIAL. A building designed
and used for manufacturing, warehousing, distribution
and/or contracted services.
BUILDING, PRINCIPAL. The building in which the
principal use of the zoning lot is conducted.
BUILDING MATERIALS SUPPLY. An
establishment engaged in selling lumber and a general
line of building materials and hardware to the public.
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This definition includes all uses in the following SIC
group:
521 Lumber and Other Building Materials
BULK STORAGE OF PETROLEUM
PRODUCTS. The storage on a zoning lot of two
thousand five hundred (2,500) gallons or more of
flammable liquid, or two thousand (2,000) gallons
water capacity or more of flammable gas, excluding
storage tanks, above ground as defined herein below.
This definition includes all uses listed in the following
SIC group:
5171 Petroleum Bulk Stations & Terminals
BUSINESS CENTER. A building or group of
buildings totaling twenty thousand (20,000) square
feet or more of gross floor area, either connected or
freestanding, which is a planned center of commercial,
office, industrial, or a mix of these uses with integrated
building design, ingress and egress, and includes
pedestrian access or circulation patterns. There must
be a minimum of four (4) establishments.
CAMPGROUND. See Recreational Vehicle Park.
CANOPY. A structure, either detached from or
attached to and extending from the enclosed portion of
a building, and used principally to provide shelter in
connection with activities conducted in the principal
building.
CARPORT. A roofed structure enclosed on not more
than two (2) sides and used for the parking of motor
vehicles.
CAR WASH. A facility where motor vehicles are
washed, cleaned, and/or waxed by hand or with
manually -operated equipment or automatic
machinery. This definition includes all uses in the
following SIC group:
7542 Carwashes
CEMETERY, LICENSED. Land and facilities used
for burial of the dead meeting the requirements of a
perpetual care cemetery under State law. Such a
facility includes any burial ground, mausoleum, or
columbarium operated by a cemetery company and
meeting licensing requirements of the State.
CEMETERY, UNLICENSED. Land and facilities
used for the burial of the dead, including municipal,
private family, farm, church or animal cemeteries,
which have not been licensed and do not meet the
licensing requirements of a perpetual care cemetery
under State law.
CERTIFICATE OF APPROPRIATENESS. A
document issued by the Historic District Commission
allowing an applicant to proceed with a proposed
exterior alteration, demolition or new construction in
a locally zoned H or HO District, following a
determination of the proposal's suitability according to
applicable criteria.
CERTIFICATE OF OCCUPANCY. A permit
issued by the Zoning Officer, setting forth that a lot,
building, structure, or use complies with the Zoning
Ordinance and that the same may be used for the
purposes stated therein.
CHILD CARE (DROP -IN). A child care
arrangement where children attend on an intermittent,
unscheduled basis and care is provided for less than
four (4) hours per day.
CHILD CARE INSTITUTION. A facility providing
residential and nonresidential care for thirteen (13) or
more children under the age of twenty-one (21), who
are handicapped or who are without the benefit of
parents who can provide for those children's basic
physical, emotional, educational, spiritual, and/or
other special needs.
CHILD CARE (SICK CHILDREN). A child day
care or other child care arrangement with special
provision for the care of sick children.
CHILD CARE (TEMPORARY CARE). A child
care arrangement which provides either drop -in care
or care on a seasonal or other part-time basis.
CHILD DAY CARE. Any child care arrangement
wherein three (3) or more children less than thirteen
(13) years of age receive care away from their primary
residence by persons other than their parents,
grandparents, aunts, uncles, brothers, sisters, first
cousins, guardians, or full-time custodians, or in the
child's primary residence where other unrelated
children are in care. Care must be provided on a
regular basis at least once per week for more than four
(4) hours per day.
CHILD DAY CARE CENTER. A day care facility
in which day care is provided for thirteen (13) or more
children when any child is preschool -age, or sixteen
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(16) or more children when all children are school -age.
CHILD DAY CARE (LARGE HOME). A day care
facility in which day care is provided for six (6) to
twelve (12) children when any child is preschool -age,
or up to fifteen (15) children when all children are
school -age.
CHILD DAY CARE (SMALL HOME). A day care
operation in which day care is provided for three (3) to
five (5) preschool -age children, plus up to three (3)
additional school -age children.
CHURCH OR RELIGIOUS INSTITUTION. A
facility of a church or religious organization operated
for worship and which may include religious training
or study.
CHURCH OR RELIGIOUS INSTITUTION -
COMMUNITY SCALE. A church or religious
institution in which the seating capacity in the
sanctuary or main activity area is greater than six
hundred (600) persons.
CHURCH OR RELIGIOUS INSTITUTION -
NEIGHBORHOOD SCALE. A church or religious
institution in which the seating capacity in the
sanctuary or main activity area is six hundred (600)
persons or less.
CLUB OR LODGE. A building or land used for the
activities of a private club or social organization, and
not adjunct to, or operated as, or in connection with a
public tavern, cafe, or other place open to the public.
COLLECTOR STREET. See Street, Collector
COLLEGE OR UNIVERSITY. An institution of
higher education offering undergraduate and/or
graduate degrees.
COMBINED USE. A principal building which is
used for any combination of dwelling unit(s),
including single family, duplex and multifamily, and
any other use(s) permitted in the zoning district.
COMMISSION. As referenced in Article IV of the
Zoning Ordinance, the Historic District Commission.
As referenced in Article VII of the Environmental
Ordinance, the North Carolina Sedimentation Control
Commission. (EROSION CONTROL)
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. (EROSION CONTROL)
COMPUTER DATA CENTER. A category of
"Services, Business A" in which the primary service is
data processing. This type of facility is primarily
devoted to computers, with minimal employment
required for monitoring and servicing.
CONGREGATE CARE FACILITY. A type of
elderly housing, as defined by this Ordinance, which
consists of one or more structures used to provide
housing; part-time medical care, housekeeping, and
personal care; and shared food preparation, dining,
recreational, and social facilities. Congregate care
facilities do not include nursing care institutions or
similar institutions devoted primarily to the care of the
chronically ill or incurable.
CONSTRUCTION, START OF. After issuance of a
building permit by the Kernersville Permit &
Enforcement Division, the first placement of a
structure, including a manufactured home, on a site,
for which a building inspection is required. This shall
include: excavation, forming, and bracing for concrete
placement; the subsequent installation and tying of
steel reinforcements for footings, piles, or columns (if
required).
CONTIGUOUS AREA. Any area which abuts
directly on a subject property or is separated from the
subject property by a street or the right-of-way of a
railroad or other utility or public service corporation.
CONVENIENCE STORE. Any retail establishment
offering for sale any combination of gasoline, diesel
fuel, kerosene, automotive products, prepackaged
food products, household items, and/or other goods
commonly associated with the same and having a
gross floor area of less than five thousand (5,000)
square feet.
CORNER LOT. See Lot, Corner.
CORRECTIONAL INSTITUTION. A facility
providing housing and care for individuals confined by
law, operated under the authority of local, State, or
federal government.
CRITICAL ROOT ZONE. The area under a tree
which includes all land within the dripline of the tree.
The drip -line is measured by a vertical line extending
from the outermost portion of a tree's canopy to the
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ground.
CUL-DE-SAC. A local street having only one end
open to traffic with the other end permanently
terminated by a vehicular turnaround.
DENSITY. The ratio of dwelling units permitted on a
zoning lot to the area of the zoning lot. Density is
expressed in this Ordinance as the number of units per
one acre.
DENTAL LABORATORY. See Medical or Dental
Laboratory.
DEPARTMENT, DENR. The North Carolina
Department of Environment and Natural Resources.
(EROSION CONTROL)
DESIGN REVIEW GUIDELINES. Criteria
developed by the Historic District Commission to
identify design elements within designated H and HO
Districts and which are used by the Historic District
Commission when it reviews applications for
certificates of appropriateness.
DETENTION STRUCTURE. A permanent
structure designed for the temporary storage of runoff
in order to reduce the peak rate of discharge from a
site.
DEVELOPMENT GUIDE. A plan prepared through
a public process containing land use and development
policies for a specified area, recommended by the
Planning Board and adopted by the Elected Body.
DIRECTOR. The Director of the Division of Land
Resources of the Department of Environment, and
Natural Resources. (EROSION CONTROL)
DIRECTOR OF COMMUNITY
DEVELOPMENT. The Director of the Town of
Kernersville Planning Board or said Director's
designee.
DIRT STORAGE. The stockpiling of graded soil
which has been transported from another zoning lot.
DISCHARGE POINT. That point at which runoff
leaves a tract of land. (EROSION CONTROL)
DISTRICT, FSWCD. The Forsyth Soil and Water
Conservation District created pursuant to Chapter 139,
North Carolina General Statutes. (EROSION
CONTROL)
DOUBLE FRONTAGE LOT. See Lot, Double
Frontage.
DWELLING UNIT. One or more rooms used as a
place of residence for one family, in which there is no
area completely closed off for separate living quarters,
and there is common access, a kitchen, bathroom
facilities, and a single electrical meter.
DWELLING UNIT, ACCESSORY, ATTACHED.
A second dwelling unit connected to or located within
three (3) feet of a residential building, which is
restricted in area, purpose and occupancy in
accordance with Section 2-6.4(B) of the Zoning
Ordinance.
DWELLING UNIT, ACCESSORY, DETACHED.
A dwelling unit located within an accessory structure
which is located more than three (3) feet from the
principal structure and is restricted in area, purpose
and occupancy in accordance with Section 2-6.4(C) of
the Zoning Ordinance.
DWELLING UNIT, EFFICIENCY. A dwelling unit
in which the sleeping and living areas are contained in
the same room.
EASEMENT. A grant of one or more of the property
rights for a specific purpose by the property owner to,
or for the use by, the public or another person.
EASEMENT, NEGATIVE ACCESS. An easement
which allows no driveway or other vehicles access to
a lot from an adjacent public street.
EASEMENT, PRIVATE DRAINAGE. An
easement which grants the right to allow for the
transport of storm water runoff or drainage from
adjacent properties upon the subject property.
EASEMENT, PRIVATE OFF -SITE ACCESS. An
easement which grants the right of access to property
zoned differently from the property underlying the
access easement.
EASEMENT, SIGHT. An easement which grants the
right to maintain unobstructed view across property
located at a street intersection.
ELDERLY HOUSING. A multifamily residential
development or facility occupied by persons aged
fifty-five (55) years or older or handicapped, their
spouses and/or surviving spouses, and resident staff
personnel.
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