42-391. Definitions

The following definitions shall apply to this Chapter.

ABC. Aggregate Base Course.

Accelerated Erosion. Any increase over the rate of natural erosion as a result of land-disturbing activity.

Access Control Device. Equipment and/or machinery that opens and closes an entry gate (See Chapter ­­­47 of the Henderson County Code, Entry Gates).

Accommodation. A portion of a building providing complete and permanent living facilities for one (1) family.

Act. (Soil Erosion and Sedimentation Control) the North Carolina Sedimentation Pollution Control Act of 1973 and all rules and orders adopted pursuant to it.

Adequate Erosion Control Measure, Structure, or Device. One which controls the soil material within the land area under responsible control of the Person conducting the land-disturbing activity.

Adequate Lighting. (See Lighting, Adequate).

Addition. An extension or increase in the floor area or height of an existing structure.

Administrative Amendment. (See Amendment, Administrative).

Administrator, Communication Facilities. The individual (Zoning Administrator or his/her designee) appointed and authorized to administer and enforce the communication facilities regulations under the terms and conditions of this Chapter.

Administrator, Floodplain. The individual (Zoning Administrator or his/her designee) appointed and authorized to administer and enforce the floodplain management regulations under the terms and conditions of this Chapter.

Administrator, Manufactured Home Park. The individual (Zoning Administrator or his/her designee) appointed and authorized to administer and enforce the manufactured home park regulations under the terms and conditions of this Chapter.

Administrator, Soil Erosion and Sedimentation Control. The Henderson County authorized person or his/her designee responsible for the County’s Erosion and Sediment Control Program.

Administrator, Subdivision. The individual (Planning Director or his/her designee) appointed and authorized to administer and enforce the subdivision regulations under the terms and conditions of this Chapter.

Administrator, Zoning. The individual appointed and authorized to administer and enforce various regulations under the terms and conditions of this Chapter.

Administrator, Water Quality . The individual (Administrator or his/her designee) appointed and authorized to administer and enforce those regulations related to water supply watershed protection and stormwater management under the terms and conditions of this Chapter.

Adult Book and Retail Merchandise Store. An establishment or business that sells merchandise that is conducted exclusively for the patronage of adults and that excludes minors from patronage, either by operation of law or by the owners of the business, except any business licensed under this Chapter which is devoted to adult material, including but not limited to one or more of the following: (1) books, magazines, periodicals or other printed matter; (2) photographs, films, motion pictures, video cassettes, video reproductions, slides or other visual representations that depict or describe specified sexual activities or specified anatomical areas; or (3) instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.

Adult Care Home. An assisted living residence in which the housing management provides 24 hour scheduled and unscheduled personal care services to residents, either directly or, for scheduled needs, through formal written agreement with licensed home care or hospice agencies. Some licensed adult care homes provide supervision to persons with cognitive impairments whose decisions, if made independently, may jeopardize the safety or well-being of themselves or others and therefore require supervision. Medication in an adult care home may be administered by designated, trained staff. Adult care homes that provide care to two (2) to six (6) unrelated residents are commonly called family care homes (NCGS §131D-2 (a)(1b)).

Adult Day Care Facility. 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 as inspected and certified by the Department of Health and Human Services (NCGS §131D‑6(b)). Adult day care facilities do not include senior centers.

Adult Theatre and Live Entertainment. Any establishment or business that is conducted exclusively for the entertainment and patronage of adults and that excludes minors from patronage, either by operation of law or by the owners of the business. Such establishments that would be considered adult entertainment include, but may not be limited to, an adult escort agency, adult nightclub/bar, adult motion-picture theater, adult mini-motion-picture theater or adult live entertainment business as each is defined in NCGS §14-202.10. This definition does not include bona-fide massage parlors or adult book and/or retail merchandise stores.

Affiliate. A person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control of another person.

Agriculture. The use of land for the tilling of soil; the growing of crops or plants, including truck farming, field crops, vegetables, fruit, nut, sod, seed or tree production; other farming practices, including but not limited to plastic culture; pasturage, including pasture for cattle, horse, sheep, goats and other farm animals; forestry (silviculture); other forms of food and fiber grown for human and/or animal consumption; greenhouses, nurseries and ornamental horticulture; the raising, breeding, working and use of farm animals; aquaculture; beekeeping; associated processing and packing of agricultural commodities; the use of waters for stock watering, irrigation and other farm purposes; and, the permitted construction or maintenance of agriculture-related water diversion structures, including dikes, levies and ditches.

Airport (Private). Any area of land or water which is used or intended for use for the landing and taking off of privately owned fixed-wing and rotary-wing aircraft on a noncommercial basis. This does not include the regular repair, fueling and/or maintenance of aircraft and the sale of goods or materials to users of such aircraft.

Airport (Public). Any area of land or water which is used or intended for use for the landing and taking off of fixed-wing and rotary-wing aircraft, and any appurtenant areas used for structures/facilities/rights-of-way, including all necessary taxiways, aircraft storage areas, tie-down areas, hangars, and other associated buildings and open spaces. This use may include the regular repair, fueling and/or maintenance of aircraft and the sale of goods or materials to users of such aircraft.

Alley. A public way which affords only a secondary means of access to an abutting property and is not intended for general traffic circulation.

Amateur Radio. For the purpose of this Chapter, a wireless communications operation will only be considered amateur radio if permitted by the Federal Communications Commission as such.

Ambulance Services. An establishment primarily engaged in providing transportation of patients by ground or air, along with medical care. These services are often provided during a medical emergency but are not restricted to emergencies. Vehicles are equipped with lifesaving equipment operated by medically trained personnel.

Amendment, Administrative. An amendment which does not change the meaning or intent of the Comprehensive Plan, but instead corrects errors of a technical or clerical nature, perhaps involving the addition of explanatory materials and graphics, or calling for the correction of typographical errors.

Amendment, Map. An amendment that changes the “Official Zoning Map of Henderson County” in accordance with the processes outlined by NCGS.

Amendment, Substantive. An amendment that changes the meaning or intent of the Comprehensive Plan, and likely involves a lengthy review process in order to fully assess the impact(s) of proposed amendments on the Comprehensive Plan’s assumptions, principles, goals, objectives, recommendations and action steps.

Amendment, Text. An amendment that changes the text of this Chapter, the “Land Development Code of Henderson County” in accordance with the processes outlined in the NCGS.

Amendment, Water Supply Watershed Text and/or Map. A text or map amendment, as defined, but which, because it includes a change to the water supply watershed text and/or map, must also adhere to additional processes as outlined by the North Carolina Environmental Management Commission.

Amusement Park. A commercially operated park composed primarily of amusement rides (mechanical, aquatic or other device/attraction that carries passengers over a fixed or restricted area, primarily for the passengers’ amusement), coin operated amusements, miniature golf, batting cages, go-cart tracks, skateboard facilities, food/beverage services and the like. This definition excludes motor sports facilities, botanical gardens and zoological gardens.

Animal Shelter. A designated facility, operated and maintained by the County or another organization for the purpose of impounding animals under the authority of Chapter 66A of the Henderson County Code, Animal or NCGS for care, confinement, return to owner, adoption or euthanasia.

Antenna. An exterior transmitting or receiving device which radiates or captures electromagnetic waves.

Appeal. A request for a review of: (1) the Zoning Administrator’s interpretation of any provision of this Chapter; (2) any official written determination by the Zoning Administrator; (3) the Subdivision Administrator’s interpretation of any subdivision regulations/provisions of this Chapter; (4) any official written determination by the Subdivision Administrator; (5) the Soil Erosion and Sedimentation Control Administrator’s interpretation of any soil erosion and sedimentation regulations/provisions of this Chapter; (6) any official written determination by the Soil Erosion and Sedimentation Control Administrator; (7) the Floodplain Administrator’s interpretation of any flood damage prevention regulations/provisions of this Chapter ; or (8) any decision made by a planning agency or governing body. An appeal must be made within 30 days of an official written determination by the Zoning/Subdivision/Soil Erosion and Sedimentation Control Administrator or an official decision made by a planning agency or governing body.

Applicant. The party submitting an application, petition or seeking other approval required by this Chapter. An applicant includes a firm, association, organization, partnership, corporation, company, trust, individual or governmental unit or any other entity usually defined in legal usage as a person.

Approving Authority. (Soil Erosion and Sedimentation Control) the Division or other State or a local government agency that has been delegated erosion and sedimentation plan review responsibilities in accordance with the provisions of the Act.

Area of Shallow Flooding. A designated AO Zone on a community’s Flood Insurance Rate Map (FIRM) with base flood depths determined to be from one (1) to three (3) feet. These areas are located where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

Area of Special Flood Hazard. (See Special Flood Hazard Area (SFHA).

Asphalt Plant. An establishment (portable or nonportable) engaged in petroleum refining; manufacturing involving various compositions of asphalt and tar with other materials (asphalt-type roofing materials, asphalt/tar paving mixtures, asphalt paving block and various other compositions of asphalt or tar with other materials); and the recycling of old asphalt into asphalt-type material.

Assisted Living Residence. A group housing and services program for seven (7) or more unrelated persons, by whatever name it is called, that makes available, at a minimum, one (1) meal a day and housekeeping services and provides personal care services directly or through a formal written agreement with one or more licensed home care or hospice agencies. The Department of Health and Human Services may allow nursing service exceptions on a case-by-case basis. Settings in which services are delivered may include self-contained apartment units or single or shared room units with private or area baths. Assisted living residences are to be distinguished from nursing homes subject to provisions of NCGS §131E-102 (NCGS §131D-2(1d)). Extended care facilities with seven (7) or more residents (excluding hospice residential care facilities and nursing homes) shall, for the purposes of this Chapter, be included with and permitted in the same fashion as an assisted living residence.

Automobile and Equipment Service. An establishment primarily engaged in providing service to automobiles and equipment. An automobile and equipment service may include auto inspection stations and/or tire recapping as accessory uses provided each is conducted within an enclosed structure and that neither is the principal business.

Bankfull. The flow stage of a river in which the stream completely fills its channel and the elevation of the water surface coincides with the bank margins.

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

Base Flood Elevation (BFE). A determination of the water surface elevations of the base flood as published in the Flood Insurance Study. When the BFE has not been provided in a Special Flood Hazard Area, it may be obtained from engineering studies available from a Federal, State or other source using FEMA approved engineering methodologies. This elevation, when combined with freeboard, established the Regulatory Flood Protection Elevation.

Basement. That portion of a structure which is partly or completely below grade.

Basement (Flood Damage Prevention). Any area of the structure having its floor sub-grade (below ground level) on all sides.

Bathroom (Bed and Breakfast Inn). A room with at least one (1) shower or tub, water closet and lavatory (lavatories may be located within bedrooms) (NCAC 15A, 18A .3001).

Bed and Breakfast Inn. A business of not more than 12 guest rooms that offers bed and breakfast accommodations to at least nine (9) but not more than 23 persons per night for a period of less than one (1) week, and that: does not serve food or drink to the general public for pay; serves only the breakfast meal to overnight guests of the business; includes the price of breakfast in the room rate; and is the permanent residence of the owner/manager of the business (NCGS §131A-247(6)).

Bedroom. A bedroom as that term is defined in the North Carolina Building Code as amended..

Being Conducted. A land-disturbing activity has been initiated and not deemed complete by the Approving Authority.

Berm. An earthen mound designed to provide visual interest on a site, screen undesirable views, reduce noise or fulfill other such purposes.

Best Management Practices (BMP), Stormwater. A structural or nonstructural management-based practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water quality protection goals.

Best Management Practices (BMP), Structural Stormwater. A physical device designed to achieve any combination of the following:

• Trap, settle out, or filter pollutants from stormwater runoff;
• Alter or reduce stormwater runoff velocity, amount, timing, or other characteristics; or
• Approximate the pre-development hydrology on a developed site.

These include physical practices such as constructed wetlands, vegetative practices, filter strips, grassed swales, and other methods installed or created on real property. Synonyms include: structural practice, stormwater control facility, stormwater control practice, stormwater treatment practice, stormwater management practice, stormwater control measures, structural stormwater treatment systems, etc.

BFE. Base flood elevation (See Base Flood Elevation).

Billboard. An outdoor advertising sign that exceeds 380 square feet in area.

BMP Manual, Stormwater. The manual approved for use in Phase II jurisdictions by NCDENR for the proper implementation of the requirements of the federal Water Quality program. All references herein to the Stormwater BMP Manual are to the latest published edition or revision. The County adopted manual that provides comprehensive guidelines and practices for controlling stormwater. Unless a manual is adopted by the County, the State manual shall serve as the Stormwater BMP Manual

Boathouse, Private. A residential accessory water dependent structure whose principal purpose is waterfront mooring/storage of boats.

Bond. (See Improvement Guarantee).

Borrow. Fill material which is required for on-site construction that is obtained from other locations.

Boulevard. Boulevards generally consist of moderate mobility and low to moderate accessibility. The relationship between mobility and accessibility is more balanced than that of freeways and expressways. Access control points may not be permitted and if allowed, are limited. Typically, roadways in this category have a median, but may have as few as two (2) lanes. They generally have posted speed limits of 30 to 55 miles per hour. Traffic signals are allowed and recommended at one-half (½) mile intervals.

Broadcasting and Communications Facilities. An establishment providing point-to-point communications and the services related to that activity. This may include radio and television broadcasting, cable networks and program distribution, and their directly related telecommunications. Examples include: radio/television broadcasting, radio/cable networks, radio stations and cable/other program distribution among others. Communications facilities not related to broadcasting are excluded from this definition.

BST. Bituminous Surface Treatment (asphalt, tar and gravel).

Buffer. An area of natural or planted vegetation that serves as a separation and screen between two (2) properties and/or dissimilar land uses.

Buffer (Watershed). An area of natural or planted vegetation through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. The buffer is measured landward from the normal pool elevation of impounded structures and from the top of the bank of each side of streams or rivers.

Buffer Zone (Soil Erosion and Sedimentation Control). The strip of land adjacent to a lake or natural watercourse.

Building. A building as defined in the North Carolina State Building Code, Chapter 2, Section 202. 

Building, Enclosed. A building which has a roof supported by “imperforated” walls extending from ground to roof on all sides. The presence of doors (not doorways having no door) or windows shall not cause a wall to be considered “perforated.”

Building, Occupied. A building that is inhabited by one or more persons. Such buildings include, but are not limited to: residences, schools, religious institutions, buildings for public assembly, hospitals, clinics and other commercial and industrial entities.

Building Façade. The façade of a building, which for the purposes of this Chapter, is that side which faces a traveled way.

Building Line. A line which crosses the front of the principal building on the lot.

Built-Upon Area. The portion of a development project that is covered by impervious/partially impervious cover (including, but not limited to, structures, roofs, driveways, roads, concrete slabs, walkways, paved (asphalt, concrete, etc.)/compacted stone parking lots, recreational facilities, etc). Wooden slatted decks, water area of a swimming pool or pond, or pervious or partially pervious paving material (to the extent that the paving material absorbs water or allows water to infiltrate through the paving material) are considered pervious.

Bulkhead. A water dependent structure; a wall or an embankment along a waterfront, that acts as a protective barrier.

BW. Balance of Watershed (See Balance of Watershed).

CA. Critical Area (See Critical Area).

Caliper. A horticultural method of measuring the diameter of nursery stock. For trees less than four (4) inches in diameter, the measurement should be taken at six (6) inches above ground level. For trees greater than four (4) inches in diameter up to and including 12 inches, the caliper measurement must be taken at 12 inches above the ground level. For trees greater than 12 inches in diameter, the trunk is measured at breast height (Diameter at Breast Height or DBH), which is four and one-half (4 ½) feet above the ground. For the purposes of this Chapter where related to landscaping regulations, diameter and caliper are used interchangeably.

Camp. An establishment primarily engaged in operating/accommodating educational and/or recreational activities for patrons. These establishments typically: (1) are operated on a seasonal basis; (2) provide access to indoor/outdoor/governmental recreational facilities; (3) provide access to dining facilities; (4) provide sleeping quarters (for temporary use by patrons and/or employees); and (5) are often operated on a temporary/seasonal basis (i.e. summer camp, day camp, etc.).

Campground. An establishment primarily engaged in operating/accommodating campsites. These establishments may provide access to facilities, such as laundry rooms, recreational halls and playgrounds, stores and snack bars.

Camping, Low Impact. Low impact camping is a primitive type of camping that has limited improvements, such as a fire ring, cleared or partially cleared sites for tent camping, and if possible, potable water.  A landowner of a parcel or tract of land may establish and offer ten (10) or less low impact camping spaces, for a fee, through a managed site or reservation system.  Low impact camping is intended to follow the National Park Service principles of "leave no trace" which means anything brought in must be packed out, including trash. 

Carport. A structure that covers a driveway or other parking area. A carport may have permanent walls but shall not have a door in the manner of a garage.

Certificate of Need (CON). A written order which affords the person so designated as the legal proponent of the proposed project the opportunity to proceed with the development of such project (NCGS §131E-176(3)).

Chemical Storage Facility. A structure, portion of a structure or exterior area adjacent to a structure used for the storage of any chemical or chemically reactive products.

Childcare. A program or arrangement where three (3) or more children less than 13 years old, who do not reside where the care is provided, receive care on a regular basis of at least once (1) per week for more than four (4) hours but less than 24 hours per day from persons other than their guardians or full-time custodians, or from persons not related to them by birth, marriage or adoption. Childcare does not include the following:

1. Arrangements operated in the home of any child receiving care if all the children in care are related to each other and no more than two (2) additional children are in care;
2. Recreational programs operated for less than four (4) consecutive months in a year;
3. Specialized activities or instruction such as athletics, dance, art, music lessons, horseback riding, gymnastics or organized clubs for children, such as Boy Scouts, Girl Scouts, 4-H groups or Boys and Girls clubs;
4. Drop-in or short-term care provided while parents participate in activities that are not employment related and where the parents are on the premises or otherwise easily accessible, such as drop-in or short-term care provided in health spas, bowling alleys, shopping malls, resort hotels or religious institutions;
5. Public schools;
6. Nonpublic schools (NCGS, Chapter 115C, Article 39, Part 2) that are accredited by the Southern Association of Colleges and Schools and that operate a childcare facility as defined in subdivision (3) of this section for less than six and one-half (6 ½) hours per day either on or off the school site;
7. Bible schools conducted during vacation periods;
8. Care provided by facilities licensed under NCGS Chapter 122C, Article 2;
9. Cooperative arrangements among parents to provide care for their own children as a convenience rather than for employment; and
10. Any childcare program or arrangement consisting of two (2) or more separate components, each of which operates for four (4) hours or less per day with different children attending each component. (NCGS110-86(2)).

Childcare Facility. Includes childcare centers, family childcare homes and any other childcare arrangement (not excluded by NCGS §110-86(2)), that provides childcare, regardless of the time of day, wherever operated, and whether or not operated for profit (NCGS §110-86(3)).

Chip Mill. A nonportable wood-chipping facility that stands alone and apart from a sawmill or a pulpmill whose purpose is to provide wood chips to an off-site fabricating facility including but not limited to a papermill or oriented strand board (OSB) mill.

Church. (See Religious Institution).

Club/Lodge. An establishment primarily engaged in promoting the common civic and social interest of their members. This industry includes local branches or chapters of fraternal organizations, guilds or unions. Establishments in this industry may operate bars and restaurants for their members.

Cluster Development (Watershed). The grouping of single-family residential buildings on one (1) single tract (manufactured home park, etc.); or the grouping of single-family building lots in a subdivision where higher-density design is combined with land conservation (preservation of natural areas/open space) and innovative design in order to minimize negative impacts (reduce stormwater runoff, etc.). Cluster developments shall include conservation subdivisions as defined by this Chapter.

Collector Road. Collector roads generally feature characteristics of moderate to low mobility and high accessibility, and serve as a link between through-roads and local roads. There is no control of access (i.e. no physical restrictions on access). Traffic signals are allowed, at a recommended minimum spacing of one-quarter (¼) mile. Driveways are allowed with full movement, but are still recommended to be consolidated or shared if possible. Roadways in this category will have neither a center left turn lane nor a median. Speed limits are generally regulated at 25 to 55 miles per hour.

Collocation. The placement of an additional antenna on an existing communication facility, including required support equipment and structures at the base of the tower and any necessary modification to the structure of the existing facility.

Commission. (Soil Erosion and Sedimentation Control) The North Carolina Sediment Control Commission.

Commissioners. The Board of Commissioners of Henderson County, North Carolina.

Common Area. Area set aside, dedicated or reserved for the use and enjoyment of residents of a complex, development, manufactured home park or subdivision. Common area may include space for community buildings, ponds, gardens, walking paths, outdoor play areas, swimming pools, ball fields, basketball courts, racquet courts, gazebos, picnic shelters, etc. Where damage to subsurface sewage disposal systems or wells would not result as a use of property for common area, such areas over sewage disposal systems/wells may be used as common area. Those areas which shall not be considered common areas include: land within setbacks/separation areas, internal/external roads/rights-of-way, driveways, parking spaces, common area recreation and service facilities, sale/model homes, solid waste disposal areas and areas needed for aboveground utility facilities including water supply or sewage disposal systems.

Common Area Recreation and Service Facilities. Recreational (swimming pools, hot tubs, etc.) and service (laundry, mail delivery area, etc.) facilities built to serve complexes, developments, manufactured home parks and subdivisions.

Communication Facility, Category 1. A Category One (1) Communication Facility shall be a:

1. Tower and/or antenna constructed or permitted prior to March 2, 1998;
2. Tower used for residential, amateur radio or governmental purposes which is less than 90 feet in height;
3. Tower less than 50 feet in height; or
4. Collocation of an antenna on an existing communication facility.

Communication Facility, Category 2. A Category Two (2) Communication Facility shall be a/an:

1. Tower intended to replace an existing tower where such new tower is sited as close to the existing tower as is reasonably feasible, but in no event more than 100 feet from the base of the existing tower, and no higher than the height of the existing tower;
2. Antenna located on an alternative structure;
3. Tower used for residential, amateur radio or governmental purposes which is 90 feet or greater in height;
4. Tower (all others) 50 to less than 200 feet in height.

Communication Facility, Category 3. A Category Three (3) Communication Facility shall include all towers 200 feet or greater in height.

Communication Facility, Stealth. A stealth communication facility is a communication facility which is designed and constructed so as to blend into its surroundings. A communication facility may be stealth were such facility is a monopole or appears to be a tree, light pole, water tower, clock tower or any of a number of other similar structures/natural vegetation. The choice of design shall be compatible with the setting in which the communication facility is placed, in order to camouflage/conceal the presence of the facility and in order for the facility be considered a "stealth" design.

Communication Facility Height. The vertical distance measured from the facility base to the highest point of the facility, including any antenna, lighting or other equipment affixed thereto.

Communication Facility Permit. The permit issued by the Communication Facilities Administrator, as designated by this Chapter, to an applicant to construct a communication tower, co-locate an antenna on an existing tower, locate an antenna on an alternative structure or replace an existing tower.

Communication Facility Registration Number. A number issued by the Communication Facilities Administrator (upon the issuance of a communication facility permit) which is used to reference individual communication facility projects. A communication facility registration number corresponds to the facility permit application number issued by the Communication Facilities Administrator.

Communication Tower. A tower, pole or similar structure, used to support one or more antennas, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, personal communications service (PCS) towers, microwave towers, common-carrier towers, cellular telephone towers and alternative structures.

Communication Tower Base. The foundation, usually concrete, on which the communication tower and other support equipment are situated. For measurement calculations, the tower base is that point on the foundation reached by dropping a vertical line through the geometric center of the tower

Communication Tower Site. The land area which currently or will in the future contain a tower, support structures and other related structures and improvements. A communication tower site may consist of a parcel of record or a deeded easement.

Community Club. A structure and its related facilities, owned or operated by an educational, nonprofit organization whose members typically reside inside boundaries that are established by the community club, and whose purposes are: to provide a framework whereby community members can work together to supplement or expand the goals that the community wants to accomplish; and to provide for the social, recreational, educational, cultural and/or economic improvement of the community.

Completion of Construction or Development (Soil Erosion and Sedimentation Control). No further land-disturbing activity is required on a phase of a project except that which is necessary for establishing a permanent ground cover.

Comprehensive Plan. The official public planning document adopted by the Board of Commissioners as the official guide for the development and redevelopment of the County.

Conditional Rezoning. A legislative zoning map amendment with site-specific conditions incorporated into the zoning map amendment.

Conical Evergreen Plant. An evergreen shrub or tree whose foliage is full to the ground, widest at the base and tapers toward the top. A conical evergreen plant provides a visual screen at ground level at 75 percent maturity.

Conservation Area, Primary. Consists of:

1. Floodplains (100-year and 500-year) and hydric soils identified as part of: a Flood Insurance Study prepared by the Federal Emergency Management Agency (FEMA); or the County Soil Survey prepared by the USDA Natural Resources Conservation Service;
2. Land located within 50 feet of the bank of any perennial stream; and
3. Slopes greater than 30 percent (13.5 degrees) identified as part of: a County Soil Survey prepared by the USDA Natural Resources Conservation Service; or a site analysis conducted by a registered professional engineer, professional land surveyor, landscape architect, architect or land planner and calculated using topographic maps from an actual survey or from the US Geological Society.

Conservation Area, Secondary. Consists of:

1. Farmland (whether actively used or not) including cropland, fields, pastures and meadows;
2. Natural areas, wildlife habitats and corridors identified as part of: and Inventory of Natural Areas and Wildlife Habitats as prepared by a State agency, the Natural Conservancy or a local land trust; a required Environmental Assessment or Environmental Impact Statement; or an independent site study conducted by a trained botanist or biologist;
3. Slopes of 20 to less than 30 percent (nine (9) to less than 13.5 degrees) which require special site planning due to their erosion potential, limitations for septic tank nitrification fields and terrain or elevation changes;
4. Historic or archeological sites including, but not limited to, sites listed on the National Register of Historic Places or included on the State’s National Register study list, designated as a local historic landmark or district and/or designated as having a high potential for archaeological remains generally identified as part of a: local architectural survey; local archaeological survey; required Environmental Assessment or Environmental Impact Statement; or independent site study conducted by a trained architectural historian or archaeologist;
5. Non-commercial cemeteries; and
6. Viewsheds (scenic views, especially of natural and cultural features from designated scenic road corridors, including “views from the road” as well as views outward from potential home sites).

Continuing Care Retirement Community. A continuing care retirement community involves the furnishing to an individual (other than an individual related by blood, marriage or adoption to the person furnishing the care) of lodging together with nursing services, medical services or other health related services, under an agreement effective for the life of the individual or for a period longer than one (1) year (NCGS §58-64-1(1)). Health related services include, at a minimum, nursing home admission or assistance in the activities of daily living, exclusive of the provision of meals or cleaning services (NCGS §58-64-1(4)).

County. Henderson County, North Carolina.

County Permit.  Any zoning, subdivision, building construction, septic system, soil erosion, or similar permit granted by Henderson County or any employee thereof.

Critical Area. The area adjacent to a water supply intake or reservoir where risk associated with pollution is greater than from the remaining portions of the watershed. The critical area is defined as extending either one-half (½) mile from the normal pool elevation of the reservoir in which the intake is located or to the ridgeline of the watershed (whichever comes first) or one-half (½) mile upstream from the intake located directly in the stream or river (run-of-the-river) or the ridgeline of the watershed (whichever comes first). The Board of Commissioners may extend the critical area as needed. Major landmarks, such as highways or property lines, may be used to delineate the outer boundary of the critical area if these landmarks are immediately adjacent to the appropriate outer boundary of one-half (½) mile.

Critical Root Zone. The minimum area beneath a tree which must be left undisturbed and protected from construction disturbance in order to preserve a sufficient root mass to give a tree a reasonable chance of survival. The critical root zone is delineated by a concentric circle with the tree trunk as the center. The radius of the critical root zone equals one (1) foot for every one (1) inch of tree diameter. For example: a 20 inch diameter tree will have a critical root zone radius of 20 feet.

Cryptocurrency Mining Operation(s). The operation of specialized computer equipment for the purpose of mining one or more blockchain-based cryptocurrencies, such as Bitcoin.  This activity, which is also termed “proof of work,” involves the solving of algorithms as part of the development and maintenance of a blockchain which is a type of distributed ledger maintained on a peer- to-peer network. Typical physical characteristics of cryptocurrency mining include specialized computer hardware for mining operations as well as equipment to cool the hardware and operating space. For the purposes of the associated regulations, cryptocurrency mining includes the commercial “creation” (“mining”) of virtual currency not recognized as legal tender of the U.S., but does not include the exchange of cryptocurrency, the use, creation, or maintenance of all types of peer-to-peer distributed ledgers. This definition does not include use of one or not more than five computers from which cryptocurrency is mined in an enclosed structure, provided the cryptocurrency is not mined for commercial purposes.

Curve Radius. The distance measured from the centerline of the road to a fixed point inside the curve (see below Figure. Minimum Curve Radius).

                                          Figure. Minimum Curve Radius

                                                             Not to Scale

 

Deciduous. A plant with foliage that is shed annually.

Design Manual, Erosion and Sedimentation Control. The County adopted manual that provides comprehensive guidelines and practices for controlling erosion and sedimentation. Unless a manual is adopted by the County, the State manual shall serve as the Design Manual.

Design Professional. A civil engineer or landscape architect who prepares the Erosion and Sediment Control Plan for the person or agent engaged in land-disturbing activity.

Determination. A development regulation enacted under the authority of this Chapter may designate the staff member or members charged with making determinations under the development regulation as defined in G.S. 160D-403.

Department. (Soil Erosion and Sedimentation Control) The North Carolina Department of Environmental Quality.

Development (Flood Damage Prevention). Any man-made change to improved or unimproved real estate, including but not limited to, structures, mining, dredging, filling, grading, paving, excavating operations, drilling operations, or storage of equipment or materials.

Development (Water Quality). A 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.

Development, Agriculture. A development where the use is agriculture, including agritourism farms and bona fide farms as defined in G.S. 160D-903.

Development, Commercial/Office/Institutional. A nonresidential development that is not industrial.

Development, Existing. Those developments that, at a minimum, have established a vested right under North Carolina zoning law.

Development, Industrial. A nonresidential development that requires a National Pollutant Discharge Elimination System (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 or commodity.

Development, Multiphase. All development containing 100 acres or more that is submitted for site plan approval for construction to occur in more than one phase and is subject to a master development plan with committed elements, including a requirement to offer land for public use as a condition of its master development plan approval.

Development, Nonresidential. All development other than residential development and agriculture. Nonresidential development consists of office, institutional, commercial and industrial development.

Development, Residential. Buildings for residential use (including single and multifamily dwellings) and their associated accessory structures and uses.

Development, Single-Tenant. A single establishment, activity or use which does not share any facilities (parking, storage areas, entrances, etc.) with another tenant or use and is developed on an individual parcel.

Development Agreement. An agreement approved by the Board of Commissioners pursuant to the procedures and requirements of NCGS Section 160D-1001 through 160D-1006.

Director. (Soil Erosion and Sedimentation Control) The Director of the Division of Energy Mineral and Land Resources of the Department of Environmental Quality.

Discharge Point or Point of Discharge. (Soil Erosion and Sedimentation Control) Means that point at which stormwater runoff leaves a tract of land where a land-disturbing activity has occurred or enters a lake or natural watercourse.

Disposal (Flood Damage Prevention). The discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters (NCGS §130A-290(a)(6)).

Disqualified Party.  Any person or entity who has had any county permit suspended, during the period of such suspension.

District. (Soil Erosion and Sedimentation Control) Means the Henderson County Soil and Water Conservation District created pursuant to Chapter 139, North Carolina General Statutes.

Dock/Pier. A water dependent structure; a platform extending from a shore over water and supported by piles or pillars, whose purpose is to secure, protect and provide access to boats.

Dormitory. A facility providing group sleeping accommodations in one (1) or several rooms under joint occupancy and single management, where the use of the facility is associated with an institution or business which provides services, employment or education to people who require temporary housing during the time of their association with the institution or business.

Driveway/Entryway. An area used for ingress or egress of vehicles and allowing access from a traveled way onto a property.

DU. Dwelling unit (See Dwelling Unit).

Dwelling, Accessory. A unit added to, contained within or detached from a principal dwelling unit that provides self-contained, complete and permanent (non-transient) living facilities for one (1) family.

Dwelling, Apartment. (See Accommodation).

Dwelling, Conventional. A dwelling unit constructed in accordance with the standards of the North Carolina State Building Code that is constructed on site.

Dwelling, Duplex.  See two family attached dwelling.

Dwelling, Manufactured Home. A dwelling unit constructed in accordance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974 (which became effective June 15, 1976), 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. The term “manufactured home” does not include “mobile home,” “recreational vehicle” or “park model home.”

Dwelling, Mobile Home. A transportable, factory-built home designed for use as a single-family detached residential dwelling and manufactured prior to the Federal Manufacture Housing Construction and Safety Standards Act of 1974 (which became effective June 15, 1976).

Dwelling, Modular. A dwelling unit 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.

Dwelling, Multifamily. Any building or set of buildings that contain multiple dwelling units intended to house three (3) or more individual families living independent of each other and sharing common walls. Multifamily dwelling does not apply to a single duplex on an individual parcel of land. Multifamily dwellings may be permitted within an approved subdivision that includes single family units/lots. Multifamily dwelling shall not include single-family homes with an attached garage containing only one (1) garage apartment. Multifamily dwelling includes, but is not limited to, apartment, condominium and townhome which may be under a single ownership or the units may be individually owned.

Dwelling, Quadraplex. Four (4) dwelling units, including modular homes, placed one (1) on top of another and/or side-by-side and sharing common walls, floors and/or ceilings.

Dwelling, Single-Family Detached. A single-family dwelling which is located in a separate building detached from any other building (excluding a customary accessory structure). Single-family detached dwellings may include dwellings constructed on site or modular dwellings.

Dwelling, Triplex. Three (3) dwelling units, including modular homes, placed one (1) on top of another or side-by-side and sharing common walls, floors and/or ceilings.

Dwelling, Two Family Attached. Two (2) dwelling units, including modular homes, placed one (1) on top of another or attached side by side and sharing one or more common walls, floors and/or ceilings. This is commonly referred to as a duplex.

Dwelling Unit. A building or portion thereof, providing complete and permanent living facilities for one (1) family.

Easement. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on, or above said lot(s).

Elevated Structure. A non-basement structure which has its reference level raised above ground level by foundation walls, shear walls, posts, piers, pilings or columns.

Encroachment (Flood). The advance or infringement of uses, fill, excavation, structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

Energy Dissipator. A structure or a shaped channel section with mechanical armoring placed at the outlet of pipes or conduits to receive and break down the energy from high velocity flow.

Entertainment Complex. An establishment that is conducted exclusively for entertainment. Entertainment complexes include some form of live entertainment and may include food services, beverage services, etc. Accessory structures and uses necessary to the operation of the complex may be included in this definition, as determined by the Zoning Administrator. This definition does not include adult theatres/live entertainment or cinema complexes.

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

Erosion and Sedimentation Control Design Manual. (See Design Manual, Erosion and Sedimentation Control).

Evergreen. A plant with foliage that persists and remains green year-round.

Expressway. Expressways generally feature characteristics of high mobility and moderate to low accessibility. Moving through-traffic is an important element; however, access points are allowed, but limited. Traffic signals are not permitted, but driveway connections are permitted. Typically, roadways in this category have a minimum of four (4) travel lanes, are median-divided facilities, and generally have posted speed limits of 55 to 60 miles per hour.

Extended Care Facility. A licensed care facility that provides continuing services to residents and which shall include: family care homes, hospice residential care facilities, assisted living residences, adult care homes, mental health facilities, multiunit assisted housing with services, nursing homes and continuing care retirement communities.

1. Family Care Home. A care home (for persons of any age) having two (2) to six (6) residents (based on NCGS §131D-2(A)(5)). Extended care facilities with two (2) to six (6) residents shall, for the purposes of this Chapter, be included with and permitted in the same fashion as a family care home (see Family Care Home for full definition).
2. Hospice Residential Care Facility. A freestanding licensed hospice facility which provides palliative and supportive medical and other health services to meet the physical, psychological, social, spiritual and special needs of terminally ill patients and their families in a group residential setting.
3. Assisted Living Residence. A group housing and services program for seven (7) or more unrelated persons, by whatever name it is called, that makes available, at a minimum, one (1) meal a day and housekeeping services and provides personal care services directly or through a formal written agreement with one or more licensed home care or hospice agencies. Extended care facilities with seven (7) or more residents (excluding hospice residential care facilities and nursing homes) shall, for the purposes of this Chapter, be included with and permitted in the same fashion as an assisted living residence (see Assisted Living Residence for full definition).
4. Adult Care Home. An assisted living residence in which the housing management provides 24 hour scheduled and unscheduled personal care services to residents, either directly or, for scheduled needs, through formal written agreement with licensed home care or hospice agencies (see Adult Care Home for full definition).
5. Mental Health Facilities. A facility that provides services to individuals who are mentally ill, developmentally disabled, or substance abusers for one or more minors or for two (2) or more adults. These services shall be residential services provided for 24 consecutive hours or more. Facilities for individuals who are substance abusers include chemical dependency facilities.
6. Multiunit Assisted Housing with Services. An assisted living residence in which hands on personal care services and nursing services (which are arranged by housing management) are provided by a licensed home care or hospice agency, through an individualized written care plan (see Multiunit Assisted Housing with Services for full definition).
7. Nursing Home. A facility, however named, which is advertised, announced or maintained for the express or implied purpose of providing nursing or convalescent care of seven (7) or more persons unrelated to the licensee (see Nursing Home for full definition).
8. Continuing Care Retirement Community. A continuing care retirement community involves the furnishing to an individual (other than an individual related by blood, marriage or adoption to the person furnishing the care) of lodging together with nursing services, medical services or other health related services, under an agreement effective for the life of the individual or for a period longer than one (1) year (see Continuing Care Retirement Community for full definition).

Fall Zone. The area in which a wireless support structure may be expected to fall in the event of a structural failure, as measured by engineering standards.

Family Care Home. A care home (for persons of any age and which includes, but is not limited to adult care homes, hospice residential care facilities, or nursing homes) having two (2) to six (6) residents (based on NCGS §131D-2(a)(5)).Extended care facilities with two (2) to six (6) residents shall, for the purposes of this Chapter, be included with and permitted in the same fashion as family care homes.

Family Childcare Home (FCCH). Childcare arrangement in the provider's home that may have no more than five (5) preschool children present at any one (1) time. The program may enroll up to eight (8) children if at least three (3) of the children are school aged.

Farm, Agritourism. A working farm or ranch that welcomes visitors who come to purchase agricultural products or value-added agricultural products, learn about or participate in agricultural-themed recreation and/or entertainment, and who pay the farmer a fee for that experience.

Farm, Bona Fide. All land on which agricultural operations are conducted as a principal or accessory use.

FBFM. Flood Boundary and Floodway Map.

FEMA. The Federal Emergency Management Agency of the United States Department of Homeland Security.

Final Plat. A plat representing a lot, parcel, subdivision or a tract of land showing the boundaries and location of individual properties, roads and other information required by this Chapter and NCGS. A final plat shall be prepared by a professional land surveyor, currently licensed and registered in the State of North Carolina, in such a fashion as to be suitable for recording by the Henderson County Register of Deeds and in accord with NCGS §47-30.

Fire Lane. A road or other passageway developed to allow the passage of fire apparatus. A fire lane is not necessarily intended for vehicular traffic other than fire apparatus.

Fire and Rescue Station. A government or quasi-public establishment primarily engaged in fire fighting and other related fire protection activities. Government or quasi-public establishments providing combined fire protection and ambulance or rescue services are classified in this industry.

Fire Protection. The design, construction and installation of buildings and facilities, equipment, appliances and infrastructure or the protection of the facilities and buildings, and the occupants thereof, from the effects or potential effects of fire. All uses requiring fire protection in this Chapter shall be required to comply with the standards of the National Fire Protection Association.

FIRM. Flood Insurance Rate Map.

Flea Market. A place that has regular consistent hours of operation on a regular reoccurring basis of at least four (4) days a month where people buy, auction, rent, sell, appraise, lease or exchange goods, products or services including but not limited to real property, personal property, services, food and/or entertainment whether it indoors, outdoors or a combination venue.

Flood/Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from: the overflow of inland or tidal waters; and/or the unusual and rapid accumulation of runoff of surface waters from any source.

Flood Fringe. The flood fringe as shown on the Flood Boundary and Floodway Map (FBFM).

Flood Insurance. The insurance coverage provided under the National Flood Insurance Program.

Flood Insurance Rate Map (FIRM). An official map of a community, issued by FEMA, on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community are delineated.

Flood Insurance Study (FIS). An examination, evaluation and determination of flood hazard areas, corresponding water surface elevations (if appropriate), flood insurance risk zones and other flood data in a community issued by FEMA. The Flood Insurance Study report includes Flood Insurance Rate Maps (FIRMs).

Flood Prone Area. (See Floodplain).

Flood Zone. A geographic area shown on a Flood Insurance Rate Map (FIRM) that reflects the severity or type of flooding in the area.

Floodplain. Any land area susceptible to being inundated by water from any source.

Floodplain Development Certificate of Compliance/Occupancy. A certification that the development within the floodplain is in compliance with this Chapter and may be occupied.

Floodplain Management. The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations and open space plans.

Floodplain Management Regulations. This Chapter, building codes, health regulations, special purpose ordinances, and other applications of police power. This term describes federal, state, or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage.

Floodproofing. Any combination of structural and nonstructural additions, changes or adjustments to structures, which reduce or eliminate flood damage to real estate, improved real property, water facilities, sanitation facilities, or structures and their contents.

Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

Floor. (See Lowest Floor).

Floor Area, Gross. The total floor area of all buildings in a project (including basements, mezzanines and upper floors) and which excludes stairways, elevator shafts and separate service facilities outside the principal building (boiler rooms, maintenance shops, etc.).

Food Manufacturing. An establishment that includes the following: dairy product manufacturing (including milking, cheese manufacturing and butter manufacturing); grain and oilseed milling (including flour milling, malt manufacturing, rice milling, starch and vegetable fats and oils manufacturing, wet corn milling, soybean processing, fats and oils refining and blending and breakfast cereal manufacturing); wine and brandies manufacturing; snack food manufacturing; coffee and tea manufacturing; concentrate, syrup, condiment and spice manufacturing; establishments that freeze food and use preservation processes (pickling, canning and dehydrating); and an entire range of other miscellaneous food product manufacturing.

Footprint. The outside dimensions of a building describing the amount of space it occupies on the ground, usually expressed in square feet.

Forestry. Includes timber tract operations and forest nurseries and gathering of forest products. This subsector specializes in long production cycles that separate it from crop production.

Forestry Support Services. An establishment primarily engaged in performing particular support activities related to timber production, wood technology, forestry, economics, marketing and forest production. These establishments may provide support activities for forestry, such as estimating timber, forest firefighting, forest pest control and consulting on wood attributes and reforestation.

Fraternity and/or Sorority House. A specific type of rooming and boardinghouse, which is for the purposes of housing members and meetings of a fraternal organization. These establishments provide temporary or longer-term accommodations which, for the period of occupancy, may serve as a principal residence. These establishments also may provide complementary services, such as housekeeping, meals and laundry services.

Freeboard. The height added to the Base Flood Elevation (BFE) to account for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, blockage of bridge openings, and the hydrological effect of urbanization of the watershed. The Base Flood Elevation (BFE) plus the freeboard establishes the Regulatory Flood Protection Elevation.

Freeway. Freeways generally feature characteristics of high mobility and low accessibility, or full control of access. Carrying through traffic and controlling access points are of supreme importance of roadways classified in this category. Typically, freeways have a minimum of four (4) travel lanes, are median-divided facilities, and generally have posted speed limits of 55 miles per hour or greater. Traffic signals and driveways are not permitted, as access is only permitted at grade-separated interchanges.

Frontage. The side of a lot adjacent to the traveled way. All sides of a lot adjacent to the traveled way shall be considered frontage and have yard provided as indicated under the yard requirements set forth in this Chapter.

Fuel Oil Distribution and Sales. An establishment with bulk liquid storage facilities primarily engaged in wholesaling, retailing and/or distributing fuel oil and fuel oil products.

Full Pond Elevation. The elevation, measured in feet above mean sea level, of the top of a lake’s spillway or the top of the floodgates (if applicable).

Functionally Dependent Facility. A facility which cannot be used for its intended purpose unless it is located in close proximity to water, limited to a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding or ship repair. The term does not include long-term storage, manufacture, sales or service facilities.

Garage, Residential. A building primarily designed to house vehicles, which can be either attached to or detached from the dwelling unit.

Gate and/or Guardhouse. Structures for the purpose of restricting access to all or portions of a property.

Gate, Entry. Movable partition for controlling access and egress (See Chapter ­­­47 of the Henderson County Code, Entry Gates).

Golf Course and/or Country Club. An establishment primarily engaged in operating golf courses (except miniature) and/or dining and other recreational facilities known as country clubs. These establishments often provide food, beverage, equipment rental and golf and recreational instructional services.

Governmental Recreational Facilities. A public recreation facility that is indoors and/or outdoors which may include: courts (basketball, tennis, etc.), swimming pools, batting cages, shuffleboard areas and/or other such uses that fit the intent of this Chapter as determined by the Zoning Administrator. A government recreational facility shall, for purposes of this Chapter, not include go-cart tracks (a recreational motor sports facility), golf courses, miniature golf courses, golf driving tees/ranges.

Greenhouse. An enclosed structure with transparent or translucent roof and/or wall panels, and devoted to the cultivation and protection of plants out of season or climate.

Greenway. A public space that may be a linear park, alterative transportation route and/or open space conservation area that provides passive recreational opportunities, pedestrian and/or bicycle paths and/or the conservation of open spaces or natural areas, which may be so indicated in a greenway plan.

Ground Cover. Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion.

Hazardous Waste Management Facility. A facility for the collection, storage, processing, treatment, recycling, recovery or disposal of hazardous waste as defined in NCGS Chapter 130A, Article 9.

Height. The height of a building or structure measured as the vertical distance from the finished main floor level to the highest point of the building or structure. Chimneys, cupolas and steeples are not included in measuring a building or structure height.

Heliport (Private Accessory). A facility or structure that is used for the landing and take-off of rotary-wing aircraft, but not including the regular repair, fueling and/or maintenance of such aircraft or the sale of goods/materials to users of such aircraft.

High-Density Project. Any project that exceeds the low-density threshold for dwelling units per acre or built-upon area.

High Quality Waters. Those classified as such in 15A NCAC 2B.0224, which is incorporated by reference. Including subsequent amendments and additions.

High Quality Water (HQW) Zones. For the Coastal Counties, areas within 575 feet of High Quality Waters; and for the remainder of the state, areas within one (1) mile and draining to HQW’s.

Highest Adjacent Grade (HAG). The highest natural elevation of the ground surface prior to construction, immediately next to the proposed walls of the structure.

Historic Structure. A structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the US Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district;
3. Individually listed on a state inventory of historic landmarks in communities with a “Certified Local Government (CLG) Program”; or
4. Certified as contributing to the historical significance of a historic district designed by a community with a “Certified Local Government (CLG) Program”. Certified Local Government (CLG) Programs are approved by the US Department of the Interior in cooperation with the North Carolina Department of Cultural Resources through the State Historic Preservation Officer as having met the requirements of the National historic Preservation Act of 1966 as amended since 1980.

Home Occupation, Adult Day Care. A daycare program for two (2) to six (6) people operated in a single-family detached dwelling (10A NCAC 06R .0201). (See also Home Occupation, General).

Home Occupation, Childcare Facility. A family childcare home with no more than 12 children (where any of the children are preschool-aged or younger) or no more than 15 children (where they are school aged) that provides childcare, regardless of the time of day and whether or not operated for profit (NCGS §110-86(3)).

Home Occupation, General An accessory use of a structure for a limited nonresidential purpose that is clearly incidental and subordinate to the use of the property for residential purposes.

Hospice Residential Care Facility. A freestanding licensed hospice facility which provides palliative and supportive medical and other health services to meet the physical, psychological, social, spiritual and special needs of terminally ill patients and their families in a group residential setting (NCGS §131E-176(13c)).

Impervious Surface. A ground covering which prevents or restricts the absorption of water directly into the ground below (including, but not limited to, structures, roofs, driveways, roads, concrete slabs, walkways, and paved (asphalt, concrete, etc.)/compacted stone parking lots, etc).

Impervious Surface, Maximum. Maximum impervious surface indicates that not more than the percentage of the total land area indicated be covered by impervious surface.

Improvement Guarantee. Cash, letters of credit, trust agreements, bonds or similar financial instruments deposited with the County to assure that required improvements will be constructed or installed.

Issuing Party.  The Henderson County Department or employee who originally granted the permit to the disqualified party.

Junk. Litter; debris; animal carcasses; used or unserviceable motor vehicle and machinery parts; used and non-functional furniture, appliances, tools, equipment and implements; and waste materials of any kind (excluding compost piles for normal, personal or noncommercial uses, in their proper location).

Junkyard. A parcel having a principal use consisting of the storing, keeping, buying or selling of junk, as defined herein. This definition excludes any vehicle graveyard or manufactured/mobile home graveyard.

Junked Motor Vehicle. A motor vehicle which does not display a current license plate or vehicle registration.

Kennel. A collection of structures, property, outside/outdoor uses of land in which domestic animals are housed, maintained and/or bred. (See Chapter 16 of the Henderson County Code, Animal).

Lake or Natural Watercourse. Any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary, and any reservoir, lake or pond.

Land Clearing Debris and Inert Debris Storage or Disposal. A disposal facility which stores solid waste resulting solely from land-clearing activities (stumps, trees, bricks, concrete, etc.).

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

Landfill. A facility for the disposal of solid waste on land in a sanitary manner in accordance with NCGS Chapter 130A, Article 9. For the purpose of this Chapter, this term does not include composting facilities.

Landfill, Nondischarging. A landfill which does not discharge treated leachate into surface waters and for which no National Pollutant Discharge Elimination System (NPDES) permit is required.

Landscaping Materials Sales and Storage. An establishment primarily engaged in selling and storing a variety of landscaping materials including but not limited to plants, shrubs, trees, mulch, timbers, rocks, etc. directly associated with or used for landscaping.

Larger Common Plan of Development or Sale. Any area where multiple separate and distinct construction or land-disturbing activities will occur under one (1) plan. A plan is any announcement or piece of documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot.

Library/Archive. These establishments are engaged in maintaining collections of documents (books, journals, newspapers and music) and facilitating the use of such documents as are required to meet informational, research, educational or recreational needs of their user(s). These establishments may also acquire, research, store, preserve and generally make accessible to the public historical documents, photographs, maps, audio material, audiovisual material and other archival material of historical interest. All or portions of these collections may be accessible electronically.

Lighting, Adequate. Lighting of areas used for vehicular and pedestrian access which serves to heighten visibility and, as a result, protect the public health, safety and welfare.

Lighting Mitigation. Mitigating the impact of outdoor lighting fixtures in order to protect neighboring properties and roads from direct glare or hazardous interference of any kind. Lighting mitigation typically involves directing lighting fixtures away from adjacent properties but may also include the installation of planted buffers, screens, walls, etc.

Local Government (Soil Erosion and Sedimentation Control). Any county, incorporated village, town or city, or any combination of counties, incorporated villages, towns, and cities, acting through a joint program pursuant to the provisions of the Act and all rules and orders adopted pursuant thereto.

Local Road. Local roads generally are designed to provide final access to properties, rather than through movements. There is no control of access (i.e. no physical restrictions on access). Traffic signals are allowed, at a recommended minimum spacing of one-quarter (¼) mile. Driveways are allowed with full movement, but are still recommended to be consolidated or shared if possible. Roadways in this category will have neither a center left turn lane nor a median. Speed limits are generally regulated at 35 miles per hour or less.

Lot. A parcel of land occupied or capable of being occupied by a structure or group of structures devoted to a common use, together with the customary accessory structures/uses and open spaces belonging to the same.

Lot, Double-Fronted. A lot abutting two (2) traveled ways.

Lot, Existing. (See Lot of Record)

Lot, Flag. An irregularly shaped lot where the buildable portion of the lot is connected to a road by a narrow extension of the lot.

Lot, Auxilliary. Lots clearly identified and restricted for a designated use (placement of a sign, common area(s), recreation area(s), water tank, pump station, etc.), not intended for sale, and clearly identified as such on development plans and final plats.

Lot, Zoning. A parcel of land that is designated by its owner/developer at the time of applying for a building permit as one (1) lot, all of which is to be used, developed or built-upon as a unit under single ownership. Such lot may consist of a: single lot of record; portion of a lot of record; combination of complete lots of record; combination of complete lots and portions of lots of record; or combination of portions of lots of record.

Lot Area. The amount of horizontal land area contained inside the lot lines of a lot or site.

Lot Line, Front. The line of a lot separating a lot from the edge of the traveled way.

Lot Line, Rear. The line of a lot which is opposite and farthest from the front lot line.

Lot of Record. A lot which is part of a subdivision, a plat of which has been recorded in the Register of Deeds Office of Henderson County prior to the adoption of this Chapter, or a lot described by metes and bounds, the description of which has been so recorded prior to the adoption of this Chapter.

Lot Size. The total horizontal area within the lines of a lot, exclusive of road or highway rights-of-way, measured in acres.

Low-Density Project. Any project that falls within the low-density threshold for dwelling units per acre or built-upon area.

Lowest Adjacent Grade. The elevation of the ground, sidewalk or patio slab immediately next to the structure, or deck support, after completion of the structure.

Lowest Floor. The lowest floor (subfloor, top of slab or grade) of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or limited storage in an area other than a basement area is not considered a building’s lowest floor provided that such an enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Chapter.

Machining and Assembly Operations. An establishment engaged in the assembly, fabrication and/or modification of products utilizing specialized equipment to produce non-perishable goods generally created from alloys, plastics or other compounds. Machining and assembly operations differ from manufacturing and production operations as they do not create objects from raw materials; rather, they modify previously assembled parts, fabricate objects from finished materials (e.g. metal and plastic blanks) and/or assemble objects from pre-manufactured components.

Mailed Notice of Intent. A mailed notice which is required for communication facilities category three (3). Mailed notices of intent for communication facilities category three (3) shall include: (1) a vicinity map showing proposed communication facility location; (2) a sketch of the communication facility with dimensions which indicate any proposed tower type and height; and (3) a statement from the Communication Facilities Administrator indicating the processes and procedures by which the communication facility may be permitted.

Manufactured Home. (See Dwelling, Manufactured Home).

Manufactured Home Park. A tract of land designed to accommodate three (3) or more manufactured/mobile home spaces, three (3) or more manufactured/mobile homes or any combination of such for rent or lease.

Manufactured Home Park Administrator. (See Administrator, Manufactured Home Park).

Manufactured Home Park Completion of Improvements Permit. A permit issued by the Manufactured Home Park Administrator to an applicant upon completion of improvements indicated in the manufactured home park construction permit, which certifies the manufactured home park conforms to the requirements of this Chapter. A completion of improvements permit is required in order to obtain manufactured/mobile home set-up permits or other building permits from the Henderson County Code Enforcement Services Department.

Manufactured Home Park Construction Permit. A permit issued by the Manufactured Home Park Administrator to an applicant upon approval of a manufactured home park application and site plan which certifies the applicant may begin improvements to the manufactured home park or phase thereof.

Manufactured Home Park/Manufactured Home Subdivision, Existing. A manufactured home park or manufactured home subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of roads and either final site grading or the pouring of concrete pads) was completed before the initial effective date of the floodplain management regulations adopted by the community (July 5, 2005).

Manufactured Home Park Operator. The person responsible for the operation of a manufactured home park.

Manufactured Home Park Space. An area of land within a manufactured home park designed for the exclusive use of one (1) manufactured/mobile home and associated accessory structures. A space shall be defined on the ground by the presence of two (2) or more of the following: (1) a water supply system service connection; (2) a wastewater disposal system service connection; and/or (3) electrical service equipment.

Manufactured Home Park Space, Preexisting. A manufactured home space within a manufactured home park which contains an occupied manufactured/mobile home or is defined on the ground by the presence of two (2) of the following: (1) a water supply system service connection; (2) a sewage disposal system connection; or (3) electric service equipment.

Manufactured/Mobile Home Graveyard. A parcel of land having an accessory use consisting of the storage or keeping of three (3) or more wrecked, dismantled, scrapped, ruined or dilapidated manufactured/mobile homes, recreational vehicles or park model homes, which are not occupied by humans.

Manufacturing and Production Operations. An establishment engaged in the mechanical, physical or chemical transformation of raw materials, substances or components into new products. Manufacturing and production operations are often described as plants, factories or mills and characteristically use power-driven machines and materials-handling equipment. Establishments that transform materials or substances into new products by hand may also be included in this sector. Manufacturing establishments may process materials or may contract with other establishments to process their materials for them. Both types of establishments are included in manufacturing. Almost all manufacturing and production operations have some captive research and development or administrative operations, such as accounting, payroll or management.

Map Amendment. (See Amendment, Map).

Market Value. The structure value, excluding the land value and that of any accessory structures or other improvements to the lot (as agreed to between a willing buyer and seller), as established by what the local real estate market will bear. Market value can be established by independent certified appraisal, replacement cost depreciated by age of structure (actual cash value) or adjusted assessed values.

Materials Recovery Facilities (Recycling). An establishment primarily engaged in (1) operating facilities for separating and sorting recyclable materials from non-hazardous waste streams (i.e., garbage (all putrescible wastes, including animal offal and carcasses, and recognizable industrial byproducts, but excluding sewage and human waste)) and/or (2) operating facilities where co-mingled recyclable materials, such as paper, plastics, used beverage cans and metals are sorted into distinct categories.

Mean Sea Level. The National Geodetic Vertical Datum (NGVD) as corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988 or other vertical control datum used as a reference for establishing varying elevations within the floodplain, to which Base Flood Elevations (BFEs) shown on a FIRM are referenced. Refer to each FIRM panel to determine datum used.

Mental Health Facilities. A facility that provides services to individuals who are mentally ill, developmentally disabled, or substance abusers for one or more minors or for two (2) or more adults. These services shall be residential services provided for 24 consecutive hours or more. Facilities for individuals who are substance abusers include chemical dependency facilities (based on NCGS §122C-3.(14)b.)).

MHP. Manufactured Home Park. (See Manufactured Home Park).

Mining and Extraction Operations. An establishment primarily engaged in mining, mine site development and beneficiating (i.e. preparing) metallic and nonmetallic minerals, including coal. This includes ore extraction, quarrying and beneficiating (e.g. crushing, screening, washing, sizing, concentrating and floating customarily done at the mine site).

Model Home/Sales Office, Temporary. A structure used on a temporary basis for the purposes of generating sales within a residential development.

Motor Sports Facility. A facility, track or course upon which motor sports racing or racing practice is conducted.

Motor Sports Facility, Major. A motor sports facility having a seating or standing capacity of 500 or more patrons/spectators. Standing capacity (for the purposes of this definition) shall be computed based on three (3) persons for each 200 square feet of space intended for spectator use.

Motor Sports Facility, Minor. A motor sports facility having a seating or standing capacity of less than 500 patrons/spectators and not considered to be a recreational motor sports facility. Standing capacity shall be computed based on three (3) persons for each 200 square feet of space intended for spectator use.

Motor Sports Facility, Recreational. A motor sports facility designed and operated primarily for racing practice purposes. Recreational motor sports facilities do not provide: seating, cover, concessions or restrooms for spectators/patrons and shall have a capacity of less than 100 spectators and/or riders.

Motor Vehicle. A vehicle which is or is designed to be self-propelled and/or is designed or used for transporting persons or property. This definition includes watercraft but excludes aircraft.

Multi-Tenant Development. A development in which there exists a number of individual and/or separate activities and in which there are shared facilities (such as parking areas or pedestrian mall areas) (example: Shopping Malls, etc.).

Multiunit Assisted Housing with Services. An assisted living residence in which hands-on personal care services and nursing services (which are arranged by housing management) are provided by a licensed home care or hospice agency, through an individualized written care plan. The housing management has a financial interest or financial affiliation or formal written agreement which makes personal care services accessible and available through at least one (1) licensed home care or hospice agency. The resident has a choice of any provider, and the housing management may not combine charges for housing and personal care services. All residents or their compensatory agents, must be capable, through informed consent, of entering into a contract and must not be in need of 24 hour supervision. Assistance with self-administration of medications may be provided by appropriately trained staff when delegated by a licensed nurse according to the home care agency's established plan of care. Multiunit assisted housing with services programs are required to register with the Division of Facility Services and to provide a disclosure statement. The disclosure statement is required to be a part of the annual rental contract that includes a description of the following requirements: emergency response system; charges for services offered; limitations of tenancy; limitations of services; resident responsibilities; financial/legal relationship between housing management and home care or hospice agencies; listing of all home care or hospice agencies and other community services in the area; an appeals process; and procedures for required initial and annual resident screening and referrals for services. Continuing care retirement communities are exempt from the regulatory requirements for multiunit assisted housing with services programs (NCGS §131D-2(7a)).

Natural Drainage and Filtering System. A drainage and filtering system which uses, in lieu of a curb and gutter system, vegetated ditches, grassed swales and/or other natural areas to carry and absorb stormwater runoff from roads, parking lots, buildings and other impervious surfaces where such runoff is not bypassed by gutters, drains, pipes, paved swales or other similar conduits. The purpose of a natural drainage and filtering system is to remove pollutants from stormwater runoff and to allow some ground absorption of the water prior to discharge into streams, rivers, lakes or other surface waters.

Natural Erosion. The wearing away of the earth’s surface by water, wind, or other natural agents under natural environmental conditions undisturbed by man.

NCAC. North Carolina Administrative Code.

NCDENR. North Carolina Department of Environmental and Natural Resources.

NCDOT. North Carolina Department of Transportation.

NCEMC. North Carolina Environmental Management Commission.

NCGS. North Carolina General Statutes.

Neighborhood. An area impacted by a principal use.

New Construction. Structures for which the “start of construction” commenced on or after the effective date of the initial floodplain management regulations (July 5, 2005) and includes any subsequent improvements to such structures.

NFIP. National Flood Insurance Program.

Non-Encroachment Area. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report.

Nonconforming. That which was lawfully created prior to the effective date of this Chapter or any portion thereof incorporated into this Chapter, or any amendment thereto, but which does not conform to one or more of the requirements of the Chapter. That which may be nonconforming includes the following:

1. Nonconforming lot;
2. Nonconforming lot of record;
3. Nonconforming manufactured home park (also referred to as pre-existing manufactured home park);
4. Nonconforming outside/outdoor use;
5. Nonconforming structure;
6. Nonconforming structure containing nonconforming use; and
7. Nonconforming

Nonconforming Structure or Development (Flood Damage Prevention). Any legally existing structure or development which fails to comply with the current flood damage prevention provisions of this Chapter.

NPDES. National Pollutant Discharge Elimination System.

Nursing Home. A facility, however named, which is advertised, announced or maintained for the express or implied purpose of providing nursing or convalescent care for seven (7) or more persons unrelated to the licensee. A nursing home is a home for chronic or convalescent patients, who, on admission, are not as a rule, acutely ill and who do not usually require special facilities such as an operating room, X-ray, laboratory and obstetrical facilities. A nursing home provides care for persons who have remedial ailments or other ailments, for which medical and nursing care are indicated; who, however, are not sick enough to require general hospital care. Nursing care is their primary need, but they will require continuing medical supervision (NCGS §131E-101(6)). Nursing homes offering one or more levels of care, including any combination of skilled nursing, intermediate care and adult care home (commonly referred to as “combination homes”) shall be included with and regulated in the same fashion as a nursing home (NCGS §131E-101(1a)).

Obstruction (Flood Damage Prevention). Includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, increase its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

Occupied Building. (See Building, Occupied).

One-Year, 24-Hour Storm. The surface runoff resulting from a 24-hour rainfall of an intensity expected to be equaled or exceeded, on average, once in 12 months and with a duration of 24 hours.

Opaque. That which does not allow light to pass through.

Open Air Market. A market which is open to the outdoors throughout the year. Such a market may be conducted with or without a structure, however where a structure is erected such structure shall be built so as to be “open,” that is, no walls may be constructed which would be more than 25 percent closed.

Open Space. An area that is intended to provide light and air, and is designed for either environmental, scenic or recreational purposes. The term "open space" shall include greenways dedicated for environmental, scenic or recreational purposes. The term “open space” shall not include roads or any areas dedicated or reserved for a road. Those areas which shall not be considered open space include: land within setbacks/separation areas, internal/external roads/rights-of-way, driveways, parking spaces, common area recreation and service facilities, sale/model homes, solid waste disposal areas, and areas needed for aboveground utility facilities including water supply or sewage disposal systems.

Outside/Outdoor Use. A land use activity where the only buildings associated with such activities are incidental and accessory to the principal use. Land uses such as storage yards, used car lots, auto wrecking, salvage yards, golf driving ranges, miniature golf courses, and agriculture are examples of outside/outdoor uses.

Outdoor Sale Display Area. An area reserved for the display of merchandise outdoors and associated with a principal use and/or structure.

Outdoor Storage. The keeping and/or storing of goods, products, supplies or equipment associated with a nonresidential use which is not in an enclosed building, nor in a portable storage container.

Overlay District. A zone established through this Chapter which regulates the use of land beyond and in addition to those regulations of the underlying use district.

Owner. The legal or beneficial owner of land, including but not limited to a mortgagee or vendee in possession, receiver, executor, trustee, or long-term or commercial lessee, or any other person or entity holding proprietary rights in the property or having legal power of management and control of the property. This shall include long-term commercial tenants; management entities, such as those charged with or engaged in the management of properties for profit; and every person or entity having joint ownership of the property. A secured lender not in possession of the property does not constitute an owner, unless the secured lender is included within the meaning of owner under another description herein, such as a management entity.

PA. Protected Area (See Protected Area).

Packaging and Labeling Services. An establishment primarily engaged in packaging client owned materials. The services may include labeling and/or imprinting the package.

Parent. An affiliate that directly, or indirectly through one or more intermediaries, controls another person.

Park. Those areas developed for both passive and active recreational activities. The development may include, but shall not be limited to, walkways, benches, open fields, multiuse courts, swimming pools, wading pools, amphitheaters, etc. The term “park” shall not include zoos, recreational vehicle parks, manufactured home parks, amusement parks, equestrian racing facilities or dog racing facilities.

Park Model Home. A recreational vehicle which is: (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projection; (3) self-propelled or permanently towable by a light duty truck; and (4) designed for temporary living quarters for recreation, camping, travel and seasonal use (but in no case for use as a permanent dwelling).

Perimeter Setback. (See Setback, Perimeter).

Person. Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity.

Person Conducting Land-Disturbing Activity. Any person who may be held responsible for violation unless expressly provided otherwise by this Chapter, the Act, or any order adopted pursuant to this Chapter or Act.

Person Who Violates or Violator. As used in G.S. 113A-64, means: "any landowner or other Person who has financial or operational control over the land-disturbing activity; or who has directly or indirectly allowed the activity, and who has failed to comply with any provision of the Act, the rules of this Chapter or any order or local ordinance adopted pursuant to the Act as it imposes a duty upon that Person.

Phase. A portion of a development delineated on a development plan/site plan.

Phase of Grading. One (1) of two (2) types of grading: rough or fine.

PIN. (Property Identification Number).

Place of Assembly. A structure or area designed and designated to accommodate persons for the purposes of assembly.

Plan. (Soil Erosion and Sedimentation Control) An erosion and sedimentation control plan.

Planned Seasonal Agricultural Worker Development. A residential use of property for the purpose of seasonally housing workers hired to provide assistance in agricultural operations.

Planning Board. The Planning Board of Henderson County, North Carolina.

Planning Director. The Planning Director for Henderson County, or his/her designee, appointed and authorized to administer this Chapter. Any act authorized by this Chapter to be carried out by the Planning Director is, by implication, authorized to be carried out by a designee of the Planning Director.

Plat. A map showing planned or actual features of an area. A plat may depict a subdivision of land, designation of right-of-way, or other feature to be recorded into public record.

Police Station. A government establishment primarily engaged in criminal and civil law enforcement, police, traffic safety and other activities related to the enforcement of the law and preservation of order. Combined police and fire departments are included in this industry.

Portable Storage Container. A movable storage container, such as but not limited to “PODS,” which is placed temporarily.

Post-FIRM. Construction or other development for which the “start of construction” occurred on or after January 1, 1975 or on or after the effective date (March 1, 1982) of the initial FIRM for the area, whichever is later.

Pre-FIRM. Construction or other development for which the “start of construction” occurred  before January 1, 1975 or before the effective date (March 1, 1982) of the initial FIRM for the area, whichever is later.

Principally Above Ground. At least 51 percent of the actual cash value of the structure is above ground.

Produce Stand. An establishment primarily engaged in retailing fresh fruits and vegetables where other ancillary items may be sold provided that the ancillary items constitute no more than: (1) 25 percent of gross sales, and (2) 25 percent of total display areas.

Product Processing and Storage Facilities. An establishment engaged in the intermediate steps of processing (e.g. packaging, removal of packaging, refrigeration, freezing, modification, etc.) and storage of goods subsequent to production and prior to shipment, sale or use. Product processing and storage facilities do not include operations dealing with hazardous substances or waste.

Protected Area. The area adjoining and upstream of the critical area of WS-IV watersheds. The boundaries of the protected area are defined as: (1) within five (5) miles of and draining to the normal pool elevation of a reservoir or to the ridgeline of the watershed; or (2) within ten (10) miles upstream and draining to the intake located directly in the stream or river or to the ridgeline of the watershed.

Protected Mountain Ridge. A ridge with an elevation of 500 feet or more above the elevation of an adjacent valley floor.

Public Nuisance. (See Public Safety).

Public Safety. Anything which is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons; this includes that which unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal or basin.

Rail Transportation Facilities and Support Activities. An establishment primarily engaged in operating rail systems over regular routes on a regular schedule.

Recombination (Subdivision). The combining of previously subdivided and recorded lots or portions thereof where the total number of lots is not increased and the resulting lots meet the requirements of this Chapter.

Recreational Facilities (Indoor/Outdoor).  A recreational facility that is outdoors and/or indoors and which may include: public or private operations, playing fields (soccer, baseball, etc.), courts (basketball, tennis, etc.), swimming pools, batting cages, shuffleboard areas, bowling alley, skating rink, bingo games, miniature race tracks (remote control only) and/or other such uses that fit the intent of this Chapter as determined by the Zoning Administrator.  A recreational facility shall, for purpose of this Chapter, not include go-cart tracks (a recreational motor sports facility), golf courses, miniature golf courses, driving tees or driving ranges.

Recreational Vehicle (RV). A vehicular-type unit primarily designed as a temporary and mobile living quarters for recreational, camping or travel use, which either has its own mode of power or is mounted on and drawn by another vehicle. Such units do not satisfy the dimensional requirements of a manufactured home.

Recreational Vehicle (RV) (Flood Damage Prevention). A vehicular-type unit primarily designed as a temporary and mobile living quarters for recreational, camping or travel use, which either has its own mode of power or is mounted on and drawn by another vehicle. Such units do not satisfy the dimensional requirements of a manufactured home. A vehicle which is: (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projection; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use.

Recreational Vehicle (RV) Park. An establishment primarily engaged in operating sites to accommodate park model homes or recreational vehicles. These establishments may provide access to facilities, such as laundry rooms, recreational halls, playgrounds, stores and snack bars. An RV park will generally contain three (3) or more park model homes or recreational vehicles.

Recycling Centers, Drop-off. An establishment primarily engaged in receiving recyclable materials via drop-off.

Reference Level. The top of the lowest floor for structures within Special Flood Hazard Areas designed as Zone A1, A30, AE, A, A99 or AO. The portion of a structure or other development that must be compared to the regulatory flood protection elevation to determine regulatory compliance of such structure.

Redevelopment. Any development on previously-developed land, other than a rebuilding activity that results in no net increase in built-upon area and provides equal or greater stormwater control than the previous development.

Regulatory Flood Protection Elevation. The Base Flood Elevation plus the Freeboard. The elevation to which all structures and other development located within the Special Flood Hazard Areas must be elevated or floodproofed. In Special Flood Hazard Areas where Base Flood Elevations (BFE’s) have been determined, this elevation shall be the BFE plus two (2) feet of freeboard. In areas where no BFE has been established, all structures and other development must be elevated or floodproofed to two (2) feet above the highest adjacent grade or BFE whichever is greater.

Related Parties.  Any person, with respect to any disqualified party, who:

1. Is the spouse, sibling, parent or child of the disqualified party, or of any other related party.
2. Is the employee of the disqualified party.
3. Is the managing party, manager, director or owner of at least ten (10) percent of the ownership interest of the disqualified party (whether such disqualified party is a partnership, unincorporated association, corporation, limited liability company, or other entity).
4. Exercises the controlling interest in the disqualified party.
5. Is the administrator, executor, trustee or other fiduciary of the disqualified party.
6. Is controlled by the same entity or entities as the disqualified party.

Religious Institution. A structure and parcel on which it is located, in and on which persons regularly assemble for religious worship. This term includes all facilities which are on all or part of the premises and their associated uses which are: (1) traditionally operated or conducted by a congregation in furtherance of its mission, and/or (2) actually being operated or conducted by the congregation in furtherance of its mission (as permitted in the district in which it is located).

Remedy a Violation. To bring the structure or other development into compliance with state or Henderson County floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the Chapter or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development.

Repetitive Loss. Flood-related damages sustained by a structure on two (2) separate occasions during any ten (10) year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred.

Research and Development Operations (Hazardous or Biological Materials). An establishment primarily involved in research and development operations dealing directly with hazardous materials.

Research and Development Operations (Nonhazardous). An establishment primarily involved in research and development operations excluding hazardous materials.

Residential Density. The number of dwelling units permitted per acre of land.

Residential Zoning District. Zoning districts which include Residential District One (R1), Residential District Two (R2), Residential District Two Rural (R2R), Residential District Three (R3), Residential District Four (R4), Estate Residential Zoning District (R-40), Waterfront Residential District (WR), Surface Water District (SW), and Conditional District (CD).

Residuals. A solid or semisolid waste generated from a wastewater treatment plant, water treatment plant or air-pollution control facility permitted under the authority of the North Carolina Environmental Management Commission.

Retrofitting. Measures, such as floodproofing, elevation, construction of small levees and other modifications, taken on an existing building or its yard to protect it from flood damage or to manage stormwater runoff.

Right-of-Way. An easement, either public or private, on which an irrevocable right-of-passage has been recorded for use as a road, crosswalk, railroad, electric transmission line, oil/gas pipeline, water main, sanitary/storm sewer main, shade trees or other specified use.

Riparian. Of, on, or relating to the banks of a natural course/body of water; including the area of land adjacent to the course/body of water and the vegetation it contains.

Riverine. Relating to, formed by or resembling a river (including tributaries), stream, brook, etc.

Road. A right-of-way for vehicular traffic which affords the principal means of access to abutting properties.

Road, External. A road located outside of a development that abuts the development.

Road, Internal. A road located within a development.

Road, Private Subdivision Collector. A road or a section of a road which:

1. Provides direct or indirect access from the entrance of the subdivision inward to 50 or more existing or proposed dwelling units and is designed to be the main travel path for such residential access. The terminus or "last block" of a residential collector road ending in a dead end may be designed to the standards of a private subdivision local road as long as such "last block" serves fewer than 50 dwelling units;
2. Is designed/has the potential to serve in a future phase, property in the same ownership of the applicant that, if developed, will meet the 50 dwelling unit standard;
3. Connects proposed developments with existing developments where the aggregate sum of dwelling units in both developments is 50 or more;
4. Serves as a through-road connecting lots within a residential subdivision to more than one (1) public thoroughfare; and/or
5. Serves a nonresidential facility located within a residential development, such as a frequently used recreation area, clubhouse, golf course, public utility site, etc.

Road, Private Subdivision Limited Local. A road or group of roads which serves less than 50 existing or proposed dwelling units and does not connect public roads.

Road, Private Subdivision Local. A road which serves no more than four (4) residential lots each containing or to contain no more than one (1) existing or proposed principal dwelling unit and its associated driveway which does not connect multiple public roads. Limited local road standards shall also apply to roadways proposed solely for maintenance and/or emergency access purposes regardless of the number of lots it adjoins. Emergency access roads shall not be used to access lots within the subdivision and appropriate signage shall be required. Roads proposed for such purposes should be clearly identified on all plans and final plats.

Road, Public. A road which is state-maintained.

Road, Single-Loaded. A road serving property (front yard or side yard) on one (1) side only, with no need for access (to a rear yard or to open space) or parking on this other side.

Road Classification. Roads within the County shall be classified according to the following:

1. Local Road. Local roads are generally designed to provide final access to properties, rather than through movements (see Local Road for full definition).
2. Collector Road. Collector roads generally feature characteristics of moderate to low mobility and high accessibility, and serve as a link between through-roads and local roads (see Collector Road for full definition).
3. Thoroughfare. Thoroughfares generally feature characteristics of moderate to low mobility and high accessibility (see Thoroughfare for full definition).
4. Boulevard. Boulevards generally consists of moderate mobility and low to moderate accessibility (see Boulevard for full definition).
5. Expressway. Expressways generally feature characteristics of high mobility and moderate to low accessibility (see Expressway for full definition).
6. Freeway. Freeways generally feature characteristics of high mobility and low accessibility, or full control of access (see Freeway for full definition).

Road Frontage. Having frontage along a road, as defined herein.

Rooming and Boardinghouse. An establishment primarily engaged in operating rooming and boardinghouses and similar facilities including, but not limited to: cottages, off-campus dormitories, residential clubs and workers’ camps. These establishments provide temporary or longer-term accommodations which, for the period of occupancy, may serve as a principal residence. These establishments also may provide complementary services, such as housekeeping, meals and laundry services.

ROW. Right-of-way (See Right-of-Way).

Rural Family Occupation. An accessory use of a structure for a limited nonresidential purpose that is clearly incidental and subordinate to the use of the property for residential purposes and which is more expansive (in size, number of employees, outside storage area and/or structures) than a home occupation.

S-9.5B Asphalt. Type of asphalt concrete surface which is currently used by NCDOT.

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

Sawmill. An establishment primarily engaged in sawing dimension lumber, boards, beams, timbers, poles, ties, shingles, shakes, siding and wood chips from logs or bolts. Sawmills may plane the rough lumber that they make with a planning machine to achieve smoothness and uniformity of size.

School (Home). A nonpublic school as defined and in accordance with NCGS §115C, Article 39, Part 3 (or its successor). Zoning setbacks and separation setbacks requirements do not apply to home schools.

School (Public/Private/Charter). An elementary or secondary school, whether private or public, established under NCGS Chapter 115C (or its successor). Schools include:

1. Public School. A school operated under the jurisdiction of the Henderson County Board of Education and supported by tax revenue, or any charter school.
2. Private School. A school having a curriculum similar to those of a public school.
3. Charter School. A school authorized and operating under NCGS Chapter 115 C, Article 16, Part 6A (or its successor).

School (Technical, Trade and Business). An establishment primarily engaged in offering vocational, technical and business training in a variety of technical and/or business subjects and trades. Business schools are primarily engaged in offering courses in: office procedures, secretarial skills, stenographic skills, and basic office skills (i.e. word processing, office machine operation, reception, communications, and other skills designed for individuals pursuing a clerical or secretarial career). Technical and trade schools offer a variety of courses often leading to job-specific certification.

Screening. A structure or planting that conceals view from public ways or adjacent property.

Section (Phase). A grouping of three (3) or more lots, rights-of-way, common space and associated improvements therein, in a Preliminary Plan, numbered consecutively and relating to stages of a Master Plan.

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

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

Senior Center. A community facility where older adults come together for services and activities that reflect their skills and interests and respond to their diverse needs. Centers are a resource for the entire community, providing services and information on aging, and assisting family and friends who care for older persons. For older persons at risk of losing their self-sufficiency, senior centers are the entry point to an array of services that will help them maintain their independence. Any variety of services to individuals or groups may be accessed depending on local community circumstances. Persons of differing backgrounds share and learn from each other. Persons of all ages with all types of skills and interests are needed to perform vital roles and enhance the services and programs at the centers. (North Carolina Division of Aging and Adult Services).

Setback. The required distance between the location of a structure and/or operation and some other point of location, most typically a lot line, right-of-way or edge of traveled way.

Setback, Front Yard. A setback measured from the property line determined to be the front yard. Where the front yard falls along a road, the setback is to be measured from the edge of the public right-of-way or, where no right-of-way exists, edge of traveled way.

Setback, Perimeter. A setback measured from all lot lines of a parcel. Where the property boundary falls along a road, the setback is to be measured from the edge of the public right-of-way. The perimeter setback shall apply to the use and any structures associated with the use (this shall not include parking, however).

Sewage Disposal System. Any facilities for wastewater (sewage) collection, treatment and disposal which may be of the following types: septic tank sewage disposal system, approved public or community sewage disposal system, or municipal sewage disposal system.

Sewage Disposal System, Municipal. A sewage disposal system that is owned and operated by a local government.

Sewage Disposal System, Approved Public or Community. A sewage disposal system which is a single system of sewage collection, treatment and disposal owned and operated by a sanitary district, metropolitan sewage district, water and sewer authority, county, municipality or public utility constructed and operated in compliance with applicable requirements of the North Carolina Division of Environmental Management.

Sewage Disposal System, Septic Tank. A sewage disposal system which consists of a settling tank and subsurface disposal field.

SFHA. Special Flood Hazard Area (See Special Flood Hazard Area).

Shear Wall. Walls used for structural support but not structurally joined or enclosed at the end (except by breakaway walls). Shear walls are parallel or nearly parallel to the flow of water.

Shooting Range, Commercial. An area, indoors or outdoors, designed and operated for profit for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar sport shooting. This includes any such area owned and/or operated by a for-profit or non-profit entity which requires membership dues to be a member, or which requires any remuneration (including “donations”) in exchange for access to the area, or any other organization that meets the requirements of the exception to the Noise Ordinance in Section 18-4.A.3. For the purpose of this chapter, private shooting that does not meet the above standards for commercial shooting ranges shall be allowed by right without a zoning permit provided that it complies with Chapter 23 of the Henderson County Weapons Ordinance, 23-10.C.

Shopping Mall. A building that contains commercial establishments which have interconnecting and enclosed walkways making it easy for people to walk from establishment to establishment.

Shrub. A woody deciduous or evergreen plant which consists of a number of small branches from or near the ground.

Sight Visibility Triangle. A triangular area formed when connecting new roads to existing state maintained roads, that is measured a distance of 70 feet along the existing road right-of-way and ten (10) feet along the new road right-of-way as defined by State Road Standards (see State Road Standards). The area within the sight visibility triangle shall remain unobstructed between three (3) and ten (10) feet above grade.

Sign. A sign may consist of any of a combination of the following: words, designs, emblems, figures, phrases, trade names, trademarks, devices, lettering, numerals, sentences, parts of letters or parts of numerals. A sign may be made of any material (other than live vegetation) including any surface, fabric or other material background and the structure designed to carry such materials. A sign shall not include: (1) architectural features of a building, even when identifiable with certain establishments; and (2) works of art provided they do not include logos, business names or features that would be advertising the business where the work of art is located. Any art located on a traditional sign shall be considered as part of the sign.

Sign, Agricultural. A sign advertising agricultural products for sale.

Sign, Animated. A sign using flashing or intermittent lights, sound, color changes or other mechanical or electrical means to give motion, the impression of motion/movement or the optical illusion of motion to the sign; or any sign with visible moving, revolving or relocating parts; provided, however, this shall not include time/date/temperature or electronic message signs.

Sign, Area of a. Multiply the vertical distance measured from the highest point to the lowest point on the sign face and the maximum horizontal distance across the sign face.

Sign, Attached. A sign attached to, applied on or supported by any part of a building; including, but not limited to any of the following: wall signs, window signs, signs on canopies, signs on awnings or signs on marquees.

Sign, Awning. A temporary hood or cover which projects from the wall of a building, and which may include a type which can be retracted, folded or collapsed against the face of a supporting building.

Sign, Banner. A flag or other piece of cloth bearing a message that is supported on two (2) vertical or horizontal sides.

Sign, Changeable Copy. A permanently unframed sign, illuminated or not, which is principally devoted to and designed for changeable copy text and graphics, but which specifically excludes time/date/temperature signs and electronic message signs. Changeable copy signs may involve either manual or automatic changeable copy. An automatic changeable copy sign which changes more than two (2) times in a 24 hour period shall be defined to be an electronic message sign. Portable signs are not considered changeable copy signs.

Sign, Commemorative. A sign which denotes, honors, celebrates, acknowledges or is in remembrance of an historical person, place or event.

Sign, Community Identification. A sign erected to identify a specific community, residential subdivision, multifamily housing development or manufactured home park for which boundaries and characteristics have been established and recognized by the Planning Department.

Sign, Construction. A sign whose message is limited to identification of architects, engineers, contractors and other persons involved with the construction project or which may include the name, purpose and expected completion date of the building.

Sign, Copy. Words, letters, numbers, figures, designs or other symbolic representations incorporated into a sign.

Sign, Development Identification. A sign bearing only the name of a multi-tenant development.

Sign, Directional. A sign whose sole purpose is to direct pedestrian or vehicular traffic on the premises on which it is displayed. Examples include: “in,” “out,” “entrance,” “exit” and “driveway.”

Sign, Double-Faced. A sign constructed to display its message on the outer surface of two (2) identical and opposite parallel planes.

Sign, Electronic Message. A sign which displays changeable information and is composed of a series of lights that may be changed automatically through electronic means, including LED displays. All messages shall be visible for a minimum of three (3) seconds and shall not play video. These will not be deemed to constitute changeable copy or animated signs.

Sign, Externally Illuminated. A sign which reflects light from a source intentionally directed upon it from a distance.

Sign, Flag. A flag or other piece of cloth bearing a message that is supported on one (1) vertical side by a pole.

Sign, Flashing. A sign illuminated by direct or indirect artificial light that flashes on and off in regular or irregular sequences, including, but not limited to, strobe light.

Sign, Governmental. A sign erected by or on the order of an authorized public official which includes, but is not limited to, traffic control, road name/identification, warning, directional, public notice or similar signs.

Sign, Ground. A freestanding or monument sign, flush to the ground, and not elevated upon poles/stanchions or attached to a building/structure.

Sign, Home Occupation. A sign identifying a home occupation (general, adult daycare or childcare facility).

Sign, Incidental. A sign attached wholly to a building, window or door containing information relative to emergencies, store hours, credit cards honored and other similar accessory information.

Sign, Inflatable. A sign that is blown up (increased in volume) with air or gas.

Sign, Internally Illuminated. A sign whose light source is located in the interior of the sign so that the rays go through the face of the sign, or where the light source is attached to the face of the sign and is perceived as a design element of the sign.

Sign Height. The vertical distance from the uppermost point used in measuring the area of a sign to the average grade immediately below and adjoining the sign. For outdoor advertising signs, sign height shall be measured from the existing road grade to the uppermost point on the sign structure.

Sign, Marquee. A sign of a theater, auditorium, fairground or museum which advertises current and scheduled events. Marquees may include, incorporate or consist of electronic message signage.

Sign, Menu Board. A freestanding or wall mounted sign primarily designed for the display of menu items and prices for the purpose of placing orders for such items in conjunction with a restaurant utilizing drive-through service. Said signs are considered incidental signs.

Sign, Monument. See ground sign.

Sign, Multi-Faceted. A sign that contains more than one (1) plane in the sign face.

Sign, Multi-Tenant Development. A sign bearing the name of individual tenants located within a multi-tenant development and which may include the name of the multi-tenant development.

Sign, On-Premise. A sign used for the purpose of displaying, advertising, identifying or directing attention to a business, products, operations or services sold or offered on the lot of record where the sign is located.

Sign, Outdoor Advertising. A sign or structure, pictorial or otherwise, that draws attention to or communicates information about a business, profession, service, commodity, product, accommodation, event, attraction or other enterprise or activity that exists or is conducted, manufactured, sold, offered, maintained or provided at a location other than on the premises where the sign or structure is located. Outdoor advertising does not, for the purposes of this Chapter, include billboards.

Sign, Pole. A freestanding sign which is permanently affixed to the ground by a pole or other structure and which is not part of the building. This shall not be considered to include signs on canopies.

Sign, Political. A sign promoting or publicizing a candidate/candidates for election or signs related to issues on a ballot. Such political signs may be erected at any time subsequent to filing for candidacy or the placement of an issue on the ballot.

Sign, Portable. A sign that is not permanently affixed to a structure.

Sign, Property Identification. A sign that contains the property address (road name and house number), homeowner’s name or name of business or other identifying symbol of a building, profession, institution or service conducted on the lot.

Sign, Regulatory. A sign erected for the purposes of traffic control, as regulated by the Manual on Uniform Traffic Control Devices (MUTCD), including warning, safety and railroad signs.

Sign, Roof. An attached sign erected, constructed or maintained on, upon or over the roof of any structure and which is wholly or partially dependent upon the roof for support.

Sign, Sandwich Board. A portable sign which is single- or double-faced, which may readily be moved from place to place, and which is intended to be used on a sidewalk or pedestrian way. These signs are considered temporary in nature.

Sign, Single-Tenant Development. A sign bearing the name of the single tenant of an individual parcel.

Sign, Temporary. A sign with or without a structural frame, not permanently attached to a building, structure or the ground and intended for a limited period of display. Any sign announcing a one (1) time event such as “Grand Opening,” “Sale Saturday” and the like and may include the following: sandwich board signs, wind signs, changeable copy signs, inflatable signs, banners, pennants, streamers and/or posters (excludes portable signs).

Sign, Temporary Event. A sign placed temporarily to direct traffic to special events, festivals, etc.

Sign, Time/Date/Temperature. A sign containing numerals or letters, which may be alternately displayed and which show the time, date and/or temperature. This sign shall not be considered a flashing or an animated sign.

Sign, Vehicle Sale. A sign affixed to the window of a vehicle displaying terms of sale of said vehicle and placed on property where the owner of the vehicle(s) resides.

Sign, Wall. A sign painted/attached flat against, parallel to or projecting from the exterior wall or surface of a structure.

Sign, Wind. A suspended sign made of a flexible material such as canvas, sailcloth, plastic or waterproof paper, including, but not limited to, banners, pennants, spinners or streamers. These signs are considered temporary.

Sign, Window. A sign which is permanently painted on, attached to or designed to be visible through a window (excluding displays of merchandise).

Sign Setback. The setback of a sign is measured from the closest portion of the sign or sign structure to the closest property line on which the sign fronts.

Sign Stanchion. A vertical supporting beam, post, pole or rod.

Sign Structure. A structure which supports, has supported or is capable of supporting a sign, including any decorative cover for said sign structure.

Single-Family Residential Development. A residential development where no building contains more than one (1) dwelling unit.

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

Site Plan. The site plan shall contain all items required by the County for applicable review. Such plan may include, but not be limited to, the following: (1) the approximate boundaries of the site; (2) significant topographical and other natural features effecting development of the site; (3) proposed vegetation removal and open space preservation; (4) the approximate location on the site of existing and proposed structures, coverage of lot by those structures and other improvements; (5) the approximate dimensions, including height and scale, of the proposed structures (and their relation to surrounding existing and proposed future uses); (6) the approximate locations and dimensions of proposed buffers and landscaping; (7) the proposed location and dimensions of signs; (8) the approximate location of all existing and proposed infrastructure on the site, including stormwater, water, sewer, roads, parking and pedestrian walkways; and (9) any proposed phasing.

Site-Specific Vesting Plan. A plan which has been submitted to the County by a landowner 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 be limited to, any of the following plans or approvals: a preliminary or master development plan, Special Use Permit, or any other land-use approval designation as may be utilized by the County. Such plan shall include: (1) the approximate boundaries of the site; (2) significant topographical and other natural features effecting development of the site; (3) the approximate location on the site of the proposed buildings, structures and other improvements; (4) the approximate dimensions, including height, of the proposed buildings and other structures; and (5) the approximate location of all existing and proposed infrastructure on the site, including water, sewer, roads and pedestrian walkways. A variance shall not constitute a site-specific vesting plan, and approval of a site-specific vesting 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/parcels or property may constitute a site-specific vesting plan. (See NCGS §160D-102(29)).

Sketch Plan (Soil Erosion and Sedimentation Control). A graphic illustration used to depict proposed land-disturbing activities.

Slope. The level inclination of land from the horizontal plane determined by dividing the horizontal run of the land into the vertical rise of the same land and converting the result into a percentage value. For purposes of measurement, property must be at least 25 feet vertically and 50 feet horizontally. See Figure 19A, for measuring slope.

Figure 19A. Measurement of Slope

Not to Scale

 

Slope, Average. Calculating the average slope of the disturbed area is based on the elevations at the corners. An imaginary rectangle or square would have to be applied to calculate the area. The average slope is calculated by subtracting the average elevation of the uphill area line and the average elevation of the downhill area line and dividing the sum by the average distance between the two (2) area lines. The average elevation of the uphill or downhill area line is calculated by adding the elevations at the ends of the area line and dividing by two (see Figure 19B, for calculating average slope).

Figure 19B. Calculating Average Slope

Not to Scale

Slope, Steep. A slope greater than 60 percent, identified as part of: (1) a County Soil Survey prepared by the USDA Natural Resources Conservation Service; and/or (2) a site analysis conducted by a registered professional engineer, professional land surveyor, landscape architect, architect or land planner and calculated using topographic maps from an actual survey or from the US Geological Society.

Small Area Zoning Study. An application which is both too large and too disconnected from other zoning districts to be considered as a standard rezoning application and which, should be considered as a small area zoning study based on Planning Board determination.

Soil Erosion and Sedimentation Control Administrator. (See Administrator Soil Erosion and Sedimentation Control).

Solar Energy Generation Facility. Any nonresidential solar collection applications designed to facilitate the capture and conversion of solar energy for the purpose of supplying electricity to utility companies. This definition does not include solar panels accessory to a principal use.

Solid Waste. Hazardous or non-hazardous garbage or other refuse, rubbish, litter, trash, tires, and other discarded solid materials and solid or semisolid waste materials resulting from industrial, commercial and agricultural operations and from community activities, but does not include solids or dissolved materials in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluent, dissolved materials in irrigation return flows or other common waster pollutants. As used herein, “solid waste” shall refer collectively to any or all of the aforementioned waste materials, unless otherwise specified.

Solid Waste Disposal Facility. Any land, personnel and equipment used in the management of solid waste. Solid waste management facilities include the following: transfer stations, landfills or materials recovery facilities. Specifically excluded from this definition and any regulation under this Chapter are: incinerators; drop-off recycling centers; and those solid waste management facilities that are constructed and/or operated by or on behalf of any local, state or federal governmental entity (provided, however, that this exclusion from regulation only applies to those solid waste management facilities not operating as a hazardous waste disposal facility or radioactive waste disposal facility (which are prohibited in all zones)).

Solid Waste Disposal Facility (Flood Damage Prevention). Facility involved in the disposal of solid waste, as defined in NCGS 130A-290(a)(35). Land, personnel and equipment used in the management of solid waste. Solid waste management facilities include the following: (1) transfer station; (2) landfill; or (3) materials recovery facility.

Solid Waste Disposal Site. Any place at which solid wastes are disposed of by incineration, sanitary landfill, or any other method as defined as in (NCGS §130A-290(a)(36)).

Solid Waste Facility, County Owned/Operated.  A facility that is owned and operated by Henderson County Government for the purpose of disposing of and/or transferring solid waste.  This establishment is primarily engaged in one or more of the following: (1) collecting and/or hauling waste and/or recyclable materials; (2) operating waste transfer stations; (3) disposal of solid waste on land in a sanitary manner; (4) storing solid waste resulting solely from land-clearing activities; (5) receiving recyclable materials via drop-off or by commercial waste haulers; and/or (6) separating and sorting recyclable material from non-hazardous waste streams (excluding sewage and human waste) and where co-mingled recyclable materials are sorted into distinct categories.  Accessory uses and structures such as scale houses, loading docks, office buildings associated with the solid waste facility, and any related accessory use or structure are allowed under this definition.

Special Fill Permit. A permit granted pursuant to the procedures set out in of this Chapter to fill an area of the flood fringe greater than the area of flood fringe permitted by this Chapter in accordance with the requirements of this Chapter.

Special Flood Hazard Area (SFHA). The land in the floodplain subject to a one (1) percent or greater chance of being flooded in any given year, determined in §42-232.2 (Basis for Establishing the Special Flood Hazard Areas).

Special Use. Uses that are generally compatible with land uses permitted in a general use district, however, because of their unique characteristics or potential impacts on the surrounding neighborhood and/or the County as a whole, require individual consideration of their location, design, configuration and/or operation at the particular location proposed. A special use must meet both the specific standards for the use as well as the general standards for the issuance of Special Use Permits. Special uses are permitted uses which require a Special Use Permit.

Special Use Permit. A permit issued to authorize development or land uses in a particular zoning district upon presentation of competent, material, and substantial evidence establishing compliance with one or more general standards requiring judgement and discretion be exercised as well as compliance with specific standards.

Start of Construction. Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure (including a manufactured/mobile home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the state of excavation; or the placement of a manufactured/mobile home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of roads and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of the structure, whether or not that alteration affects the external dimensions of the structure.

State Road Standards. Those standards contained in the NCDOT publication Subdivision Roads–Minimum Construction Standards, dated January 1, 2000, as amended.

Steep Slope. (See Slope, Steep).

Stop-Work Order. The Floodplain Administrator may issue a stop-work order where floodplain development is occurring, in accordance with specific procedures and reasons outlined therefore.

Storm Drainage Facilities. The system of inlets, conduits, channels, ditches and appurtenances which serve to collect and convey stormwater through and from a given drainage area.

Stormwater Best Management Practices (BMP). (See Best Management Practices (BMP), Stormwater).

Stormwater BMP Manual. (See BMP Manual, Stormwater).

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

Structure. That which is built or constructed (North Carolina State Building Code, Chapter 2, Section 202).

Structure (Flood Damage Prevention). A walled and roofed building, a manufactured home, or a  gas,  liquid, or liquefied gas storage tank that is principally above ground. Anything constructed or erected, the use of which requires permanent location on the ground or which is attached to something having permanent location on the ground; however, anything constructed or erected solely to provide ingress and egress to the site, ornamental enhancement of the property (exclusive of buildings), site stabilization, on-site utilities/lighting or property fencing shall not be considered a structure for the purposes of the floodplain management regulations of this Chapter.

Structure, Accessory. A structure which is located on the same parcel of property as the principal structure, the use of which is incidental to the use of the principal structure. Garages, carports and storage sheds are common accessory structures. Pole barns, hay sheds and the like qualify as accessory structures on farms, and may or may not be located on the same parcel as the farm dwelling or shop building. This term expressly includes aircraft hangars.

Structure, Alternative. 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, water tanks, pole signs, billboards and electric power transmission towers.

Structure, Appurtenant. (See Structure, Accessory).

Structure, Principal. A structure in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located.

Structure, Temporary. A structure placed and permitted on a temporary basis.

Structural Stormwater Best Management Practices (BMP). (See Best Management Practices (BMP), Structural Stormwater).

Subdivision. All divisions of a tract or parcel of land into two (2) or more lots, building sites or other divisions for the purpose of sale or development (whether immediate or future) and shall include all divisions of land involving the dedication of a new road or a change in existing roads, but the following shall not be included within this definition:

1. Combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased, and the resultant lots are equal to or exceed the standards of this Chapter;
2. Division of land into parcels greater than ten (10) acres where no road right-of-way dedication is involved;
3. Public acquisition by purchase of strips of land for the widening or opening of roads; or
4. Division of a tract in single ownership whose entire area is no greater than two (2) acres into not more than three (3) lots, where no road right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of this Chapter and the subdivision regulations for the County (NCGS 160D-802).

Subdivision, Major. A proposed subdivision of land where 11 or more lots or parcels will result after the subdivision is complete.

Subdivision, Minor. A proposed subdivision of land where not more than ten (10) lots or parcels will result after the subdivision is complete. One (1) phase of a development cannot be considered a minor subdivision unless the entire development does not exceed ten (10) lots.

Subdivision, Nonstandard. The proposed subdivision of land for purposes other than individual residential lot development including:

1. Facilities such as utility substation sites, meter vaults, pump station sites, sign lots, etc.;
2. Cemetery plots;
3. Designated open space or common area sites; and/or
4. Any other subdivision of land which does not fall within a category herein designated.

Subdivision, Special. An option to the minor subdivision provision, where not more than five (5) lots or parcels will result after the subdivision is complete.

Subdivision Administrator. (See Administrator, Subdivision).

Subsidiary. An affiliate that is directly or indirectly, through one or more intermediaries, controlled by another person.

Substantial Damage. Damage of any origin sustained by a structure during any one (1) year period whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Improvements, modifications and additions to existing buildings are counted cumulatively for a minimum of five (5) years. See definition of Substantial Improvement.

Substantial Improvement. Repair, reconstruction, rehabilitation, addition or other improvement of a structure, taking place during any one (1) year period, the cost of which equals or exceeds 50 percent of the fair market value of the structure before the start of construction of the improvement, or when an existing building is structurally altered such that the first floor area is increased by more than 20 percent. Improvements, modifications and additions to existing buildings are counted cumulatively for a minimum of five (5) years. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

1. Any correction of existing violations of State or Henderson County health, sanitary or safety code specifications which have been identified by the community code enforcement official and which are the minimum necessary to assure safe living conditions; or
2. Any alteration of an historic structure provided that the alteration will not preclude the structure’s continued designation as an historic structure.

Substantial Progress. To determine whether sufficient progress has been made on an approved plan (site or subdivision), one (1) or more of the following construction activities toward the completion of a plan shall occur: (1) obtaining a grading permit and conducting grading activity on a continuous basis and not discontinued for more than 30 days; (2) installation and approval of on-site infrastructure; or (3) obtaining a building permit for the construction and approval of a building foundation. This is not equivalent to the substantial expenditures test used for determining vested rights.

Substantive Amendment. (See Amendment, Substantive).

Swimming Pool, Spa, Hot Tub, Residential. Swimming pools, spas and hot tubs built on the same site as, and for the use of those residing in a dwelling unit.

Synagogue. (See Religious Institution).

Temple. (See Religious Institution).

Ten-Year Storm. A rainfall of an intensity that, based on historical data, is predicted by a method acceptable to the Approving Authority to be equaled or exceeded, on the average, once in ten years, and of a duration that will produce the maximum peak rate of runoff for the watershed of interest under average antecedent wetness conditions.

Tenant. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.

Text Amendment. (See Amendment, Text).

Thoroughfare. Thoroughfares generally feature characteristics of moderate to low mobility and high accessibility. Access control points are allowed, but limited. No control of access is allowed in the category. Traffic signals are allowed and recommended at one-half (½) mile intervals. Driveways are allowed with full movement, but are still recommended to be consolidated or shared if possible. This category includes all roads with a two-way center left-turn lane, but no roads with medians. Speed limits generally are posted between 25 to 55 miles per hour.

Top of Bank. The ordinary high water level for a water basin or wetland, and the break in slope for a watercourse.

Toxic Substance. A substance or combination of substances (including disease-causing agents) which, after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression in reproduction or growth) or physical deformities in such organisms or their offspring or other adverse health effects.

Tract. An area, site, piece of land or property which is the subject of a development application. A tract may contain one or more smaller parcels or lots all under/in the same ownership or control.

Tract (Soil Erosion and Sedimentation Control). All contiguous land and bodies of water being disturbed or to be disturbed as a unit, regardless of ownership.

Trail. A public or private path of travel for recreation and/or transportation within a park, natural environment or designated corridor (not to be a highway or road).

Transit and Ground Passenger Transportation. An establishment comprised of a variety of passenger transportation activities such as: chartered bus, school bus, interurban bus transportation and taxis. These activities are defined by vehicle type, route and schedule.

Travel Trailer. (See Recreational Vehicle).

Travel Trailer Park. (See Recreational Vehicle Park).

Traveled Way. A means of access to a property. Typically this shall mean a public or private road. Where no public or private road adjoins a property, the vehicular access to a personal drive shall be considered as the traveled way for purposes of determining front yard requirements.

Traveled Way, Edge. The edge of the road pavement on a paved road or the edge of the riding surface on an unpaved road or drive.

Travelway. The portion of a road, highway, driveway, access road corridor, right-of-way, etc., that is designed and maintained for the purpose of accommodating vehicular passage. Specifically excluded are road shoulders, ditches, curb and gutter systems, other drainage facilities and unimproved road rights-of-way not intended to be driven on by vehicles.

TRC. Technical Review Committee.

Tree. A living, self-supporting woody perennial plant which normally obtains a trunk diameter of at least two (2) inches and a height of at least ten (10) feet, and typically has one (1) main stem and many branches.

Tree, Large. A tree whose height under average regional growing conditions will exceed 35 feet in height at maturity.

Tree, Small. A tree whose height under average regional growing conditions will be 35 feet in height or less at maturity.

Truck Terminals. An establishment primarily engaged in providing services to trucks which may include offices of transport companies, easy loading and unloading facilities and large parking areas for idle trucks.

Twenty-Five Year Storm. The stormwater runoff resulting from precipitation of an intensity that, based on historical data, is predicted by a method acceptable to the Approving Authority to be equaled or exceeded on the average, once in 25 years, and of a duration which will produce the maximum peak rate of runoff for the watershed of interest under average antecedent wetness conditions.

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

Undertaken (Soil Erosion and Sedimentation Control). The initiating of any activity, or phase of activity, which results or will result in a change in the ground cover or topography of a tract of land.

Unique Natural Area. An area that meets the criteria for qualifications as a natural heritage area as prescribed in NCAC Chapter 15A-12H, Section 0202.

Urgent Care Clinic. A full service walk-in medical clinic (which may include a physical therapy facility) which provides immediate/urgent health care services (including services for individuals with sudden, serious and unexpected illnesses, injuries or conditions which require immediate medical attention) but which does not provide emergency medical/emergency room services.

Use. The purpose or activity for which a piece of land (or portion thereof) and/or its structures (or portion thereof) is/are designed, arranged or intended or for which it/they is/are occupied or maintained.

Use, Accessory. A use customarily incidental and subordinate to a principal use, located within a principal and/or accessory structure.

Use, Existing. Those uses that, at a minimum, have established a vested right under North Carolina zoning law.

Use, Principal. The specific primary purpose for which land is used.

Use, Temporary. A use permitted on a temporary basis.

Use District. A zone established through this Chapter which regulates the use of land. use districts are applied to particular tracts of land by the Board of Commissioners through a zoning map amendment in accordance with this Chapter. When a use district is applied to a particular tract of land, the land is said to have been “zoned.” Use districts each contain a variety of uses which are generally compatible with one another and which accomplish the stated purpose of the district.

USGS. United States Geological Survey.

Utility Substation. Substation engaged in the operating of utilities such as, but not limited to, electricity, water, sewer, telephone and cable. Substations arrange, facilitate or coordinate the transmission of a utility from the generating source to the distribution centers, other utilities or final consumers.

Variance. A grant of relief from the requirements of this Chapter (excluding variances from watershed and floodplain development requirements).

Variance, Accommodative Temporary. (See Variance).

Variance (Flood Damage Prevention). A grant of relief from the requirements of this Chapter related to flood damage prevention regulations.

Variance, Watershed Local. A variance from the minimum statewide water supply watershed protection criteria that results in the relaxation, by a factor of up to five (5) percent of any buffer, density or built-upon area requirement under the high density option; or that results in a relaxation, by a factor of up to ten (10) percent, of any management requirement under the low-density option.

Variance, Watershed Major. A variance from the minimum statewide water supply watershed protection criteria that results in any of the following:

1. The relaxation, by a factor greater than ten (10) percent, of any management requirement under the low-density option;
2. The relaxation, by a factor greater than five (5) percent, of any buffer, density or built-upon area requirement under the high density option; and
3. Any variation in the design, maintenance or operation requirements of a wet detention pond or other approved stormwater control system.

Vehicle (Gate Regulations). Any motor vehicle which is allowed to use the public roadways in North Carolina, but not including vehicles which include trailers or semi-trailers (See Chapter ­­­47 of the Henderson County Code, Entry Gate).

Vehicle Graveyard. A parcel of land having an accessory use consisting of the storage or keeping of five (5) or more wrecked, scrapped, ruined, dismantled, junked or inoperable motor vehicles (including but not limited to cars, trucks, tractor trailers, boats, motorcycles or jet skis or other motorized equipment) located on a land parcel or adjacent land parcels under the same ownership or control, if such storage or keeping is not enclosed within a structure(s).

Velocity. The speed of flow through a cross section perpendicular to the direction of the main channel at the peak flow of the storm of interest but not exceeding bank full flows.

Vertical Clearance. A minimum established height clearance required for the passage of emergency vehicles. For the purposes of this Chapter, vertical clearance shall be a minimum of 13 feet, six (6) inches.

Violation. The failure of a structure or other development to be fully compliant with the County’s regulations.

Violation (Flood Damage Prevention). The failure of a structure or other development to be fully compliant with the County’s floodplain management regulations. A structure or other development without an elevation certificate, other certifications or other evidence of compliance required in §42-234 (Administration) and §42-235 (Flood Hazard Reduction) is presumed to be in violation until such time as that documentation is provided.

Warehousing and Storage. An establishment primarily engaged in operating warehousing and storage facilities (excluding warehousing of hazardous substances).

Waste (Soil Erosion and Sedimentation Control). Surplus materials resulting from on-site land-disturbing activities and being disposed of at other locations.

Waste Collection and Transfer Facility (Hazardous). An establishment primarily engaged in: (1) collecting and/or hauling hazardous waste; and/or (2) operating hazardous waste transfer stations. Hazardous waste collection establishments may be responsible for the identification, treatment, packaging and labeling of wastes for the purposes of transport.

Waste Collection and Transfer Facility (Non-hazardous). An establishment primarily engaged in: (1) collecting and/or hauling non-hazardous waste and/or recyclable materials; and/or (2) operating non-hazardous waste transfer stations. Non-hazardous waste collection establishments may be responsible for the identification, treatment, packaging and labeling of wastes for the purposes of transport.

Wastewater. Sewage or industrial process wastewater discharged, transmitted or collected from any place into sewage disposal (wastewater) system.

Wastewater Treatment Plant. A facility containing a series of tanks, screens, filters, and other combination of physical, chemical and biological processes to treat wastewater so that less harmful byproducts result as pollutants are removed.

Wastewater Treatment Plant, Small Accessory. A facility, including package wastewater treatment plants, containing a series of tanks, screens, filters, and other combination of physical, chemical and biological processes to treat wastewater so that less harmful byproducts result as pollutants are removed. These facilities are intended to be accessory to and used for a single development (i.e. subdivision, shopping mall, etc.), and is not designed to serve multiple developments.

Water Dependent Structure. Structure for which the use requires access to, proximity to or siting within surface waters to fulfill its basic purpose such as boat ramps, boathouses, piers, docks and bulkheads. Ancillary facilities, such as restaurants, outlets for boat supplies, parking lots and commercial boat storage areas are not water dependent structures.

Water Supply System. A system for the collection, treatment, storage and distribution of potable water from the source of supply to the consumer and which may be of the following types: private well water supply system, public water supply system, and municipal water supply system.

Water Supply System, Municipal. A water supply system owned and operated by a local government.

Water Supply System, Private Well. A water supply water system furnishing potable water to less than 15 connections or 25 persons.

Water Supply System, Public. A municipal water supply system or:

1. A system for the provision to the public of piped water for human consumption that serves 15 or more service connections or which regularly serves 25 or more individuals. The term includes:
   1. Any collection, treatment, storage or distribution facility under the control of the operator of the system and used primarily in connection with the system; or
   2. Any collection or pretreatment storage facility not under the control of the operator of the system that is used primarily in connection with the system.
2. A “community water system” or a “noncommunity water system” as follows:
   1. “Community water system” is a public water supply system that serves 15 or more service connections or which regularly serves at least 25 year-round residents.
   2. “Noncommunity water system” is a public water supply system that is not a community water system.

Water Supply Watershed. An area designated by the North Carolina Environmental Management Commission, delineated on the official map entitled "Henderson County Water Supply Watershed Protection Map," and regulated by this Chapter.

Water Surface Elevation (WSE). The height, in relation to mean sea level, of floods of various magnitudes and frequencies in the floodplains of riverine areas.

Watercourse (Flood). A lake, river, creek, stream, wash, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

Watershed. The entire land area contributing surface drainage to a specific point, such as the water supply intake.

Water Quality Administrator. (See Administrator, Water Quality).

Watershed Map. A map on file with the Water Quality Administrator which may be produced digitally at different scales, titled "Henderson County Water Supply Watershed Map," which shows the boundaries of each watershed district and their respective classification, where such map is approved by the Henderson County Board of Commissioners and includes, at a minimum, the watershed districts adopted by the North Carolina Environmental Management Commission or any other authorized agency of the state.

Wetlands. Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this classification wetlands must have one or more of the following three (3) attributes: (1) at least periodically, the land supports predominantly hydrophytes; (2) the substrate is predominantly undrained hydric soil; and (3) the substrate is nonsoil and is saturated with water or covered by shallow water at some time during the growing season of the year (US Fish and Wildlife Service, National Wetlands Inventory).

Wholesale Trade. An establishment primarily engaged in selling and/or arranging the purchase of goods to other businesses at wholesale.

Working Days. Days exclusive of Saturday and Sunday during which weather conditions or soil conditions permit land-disturbing activity to be undertaken.

WS. Watershed.

Yard. An open space on the same lot with a structure.

Yard, Front. An open, unoccupied space on the same lot with a principal structure, extending the full width of the lot and situated between the road or property line and the front line of the structure, projected to the sidelines of the lot.

Yard, Rear. An open, unoccupied space on the same lot with a principal structure, extending the full width of the lot and situated between the rear property line and the rear line of the structure, projected to the sidelines of the lot.

Yard Sale. A temporary use for the purpose of informal sales conducted by occupants of private households at their dwelling premises (including garage, porch, carport and estate auction sales).

Yard, Side. An open, unoccupied space on the same lot with a principal structure situated between the structure and the side property line and extending from the rear line of the front yard to the front line of the rear yard.

Youth Center. An establishment primarily engaged in providing nonresidential social assistance services for children and youth. These establishments provide for the welfare of children in such areas as adoption and foster care, drug prevention, life skills training and positive social development. This excludes those youth centers for recreational purposes only.

ZBA. Zoning Board of Adjustment.

Zoning Administrator. (See Administrator, Zoning).

Zoning Compliance Inspection. A zoning compliance inspection is made, where required, following the issuance of a zoning permit and prior to the issuance of a Certificate of Occupancy.

Zoning Map/Henderson County Zoning Map. The Official Zoning Map of Henderson County.

Zoning Permit. A permit issued by the County conferring the right to undertake and complete the development of and use of property in accordance with the standards of this Chapter.