Chapter 16 - Land Use Ordinance

 

Article I - General Provisions

 

Section 16-1  Short Title.

 

This chapter shall be known and may be cited as the Blowing Rock Land Use Ordinance.

 

Section 16-2  Authority.

 

This chapter is adopted pursuant to the authority contained in the town charter as well as the provisions of Article 19 of Chapter 160A, Article 21, Part 6 of Chapter 143, and Article 4 of Chapter 113A of the North Carolina General Statutes.

 

Section l6-3  Jurisdiction. 

 

(A)  This chapter shall be effective throughout the town's planning jurisdiction.  The town's planning jurisdiction comprises the area within the corporate boundaries of the town as well as the area described in that or­dinance adopted by the Board of Commissioners on January 8. 1985, entitled "An Ordinance Establishing The Town of Blowing Rock's Extraterritorial Planning Jurisdiction for The Purpose of Authorizing The Ex­ercise of The Zoning and Other Regulatory Powers Permitted by Article 19 of Chapter 160A of the General Statutes", which ordinance is recorded in book 0002, page 234 of the Watauga County Registry and book 851, page 087 of the Caldwell County Registry.  Such planning jurisdiction may be modified from time to time in accordance with Section 160A-360 of the North Carolina General Statutes.

 

(B)  In addition to other locations required by law, a copy of a map showing the boundaries of the town's planning jurisdiction shall be available for public inspection in the inspections department.

 

Section 16-4  Effective Date.

 

The provisions in this chapter were originally adopted and became effective on March 13, 1984.

 

Section 16-5  Relationship to Existing Zoning, Subdivision and Flood Control Ordinances.

 

To the extent that the provisions of this chapter are the same in substance as the previously adopted provisions that they replace in the town’s zoning ordinance, they shall be considered as continuations thereof and not as new enactments unless otherwise specifically provided.  In particular, a situation that did not constitute a lawful, nonconforming situation under the previously adopted zoning ordinance does not achieve lawful nonconforming status under this chapter merely by the repeal of the zoning ordinance.

 

Section 16-6  Relationship to Land Use Plan

 

It is the intention of the Board that this chapter implement the planning policies adopted by the Board for the town and its extraterritorial planning area, as reflected in the land use plan and other planning documents.  While the Board reaffirms its commitment that this chapter and any amendment to it be in conformity with adopted planning policies, the Board hereby expresses its intent that neither this chapter nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document.

 

Section 16-7  No Use of Land or Buildings Except in Conformity With Chapter Provisions.

 

(A)  Subject to Article III of this chapter (Nonconforming Situations), no person may use, occupy, or sell any land or buildings or authorize or permit the use, or sale of land or buildings under his control except in accordance with all of the applicable provisions of this chapter.

 

(B)  For purposes of this section, the ''use” or “occupation'' of a building or land relates to anything and everything that is done to, on, or in that building or land.

 

Section 16-7.01 No Boundary Line Adjustments Except in Conformity with Chapter Provisions.

 

No boundary of any lot may be adjusted, whether by subdivision, combination or recombination of previously platted lots, boundary line agreement, or any other legal method, except in conformance with the provisions of this Chapter.  To assure that a proposed boundary line adjustment conforms to the provisions of this Chapter, including, but not limited to, lot sizes, lot frontages, and building setbacks, the proposed adjustment shall be submitted to the Zoning Administrator for review and approval prior to execution.

 

The plan, plat, or survey depicting the proposed boundary line adjustment shall contain the following certificate:

 

Certificate of Approval

 

The proposed boundary line adjustment depicted herein is in conformance with the requirements of the Land Use Ordinance of the Town of Blowing Rock and is hereby approved.

 

___________________                      _________________________________

                                                Date                                            Zoning Administrator

 

[Amended November 13, 2001]

 

Section 16-8  Fees.

 

(A)  Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for zoning permits, sign permits, conditional use permits, special use permits, subdivision plat approval, zoning amendments, variances and other administrative relief.  The amount of the fees charged shall be as set forth in the town's budget or as established by resolution of the Board filed in the office of the town clerk.

 

(B)  Fees established in accordance with subsection (A) shall be paid upon submission of a signed applica­tion or notice of appeal.

 

Sections 16-9 through 16-14 Reserved.

 

Article II - Basic Definitions and Interpretations 

 

Section 16-15  Definitions of Basic Terms.

 

(A)  Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this chapter.

 

(1)  Accessory Use.  (See Section 16-150)

 

(2)  Acute Care.  Short-term medical treatment, usually in a hospital, for patients having an acute illness or injury or recovering from surgery. [Amended August 14, 2001]

 

(3)  Administrator.  (See Section 16-37)

 

(4)  Adult Day Care.  Adult day care offers support, services, and supervision to older, frail, or disabled adults who have difficulty taking care of themselves at home, but wish to maintain their independence.  Services may include an individual plan of care, skilled nursing care and health education, rehabilitation services, personal care and supervision, social services, recreational therapy, meals, and transportation.  [Amended August 14, 2001]

 

(5)  Antenna.  [See Section 16-289.03(A)(3)]  [Amended May 13, 1997]

 

(6)  Assisted Living Unit.  A unit occupied by an individual or individuals who are unable to live independently.  The unit is part of a facility that provides indoor, conveniently located, shared food preparation service and major dining areas, and common recreation, social, and service facilities for the exclusive use of all residents.  [Amended August 14, 2001]

 

(7)  Base Flood.  The flood having a one percent chance of being equaled or exceeded in any given year.  Also known as the 100-year flood.

 

(8)  Billboard.  An off-premises sign owned by a person, corporation, or other entity that engages in the business of selling the advertising space on that sign.  [Amended April 10, 1985]

 

(9)  Bed and Breakfast.  A use (i) that takes place within a building that, before the effective date of this subdivision, was designed and used as a single-family detached dwelling; (ii) that con­sists of a single family dwelling unit together with the rental of one or more, but not to exceed six (6), dwelling rooms on a daily or weekly basis to tourists, vacationers, or similar transients; (iii) where the provision of meals, if provided at all, is limited to the breakfast meal; and (iv) where the bed and breakfast operation is conducted primarily by persons who reside within the dwelling unit, with the assistance of not more than the equivalent of one full-time employee.  [Amended February 11, 1986]

 

(10)  Boarding House.  A residential use consisting of at least one dwelling unit together with one or more rooms that are rented out or are designed or intended to be rented but which rooms, individually or collectively, do not constitute separate dwelling units.  Notwithstanding the forego­ing, the renting out of one or two rooms within a single-family residence may be regarded as an accessory use - see Subdivision 16-150(C)(3).  A  rooming house or boarding house is distinguished from a tourist home in that the former is designed to be occupied by longer term residents (at least month-to-month tenants) as opposed to overnight or weekly guests.

 

(11)  Building.  A structure designed to be used as a place of occupancy, storage or shelter.  For the purposes of this ordinance, a parking deck shall be considered to be a building.  [Amended July 9, 1996]

 

(12)  Building, Accessory.  A minor building that is located on the same lot as a principal building and that is used incidentally to a principal building or that houses an accessory use.

 

(13)  Building, Principal.  The primary building on a lot or a building that houses a principal use.

 

(14)  Carry-out Restaurant.  A place where meals or food products are prepared and served, to be eaten primarily off-premise.

 

(15)  Certify.  Whenever this chapter requires that some agency certify the existence of some fact or circumstance to the town, the town may require that such certification be made in any man­ner that provides reasonable assurance of the accuracy of the certification.  By way of illustra­tion, and without limiting the foregoing, the town may accept certification by telephone from some agency when the circumstances warrant it, or the town may require that the certification be in the form of a letter or other document.

 

(16)  Child Care Home.  A home for not more than nine orphaned, abandoned, dependent, abused, or neglected children, together with not more than two adults who supervise such children, all of whom live together as a single housekeeping unit.

 

(17)  Child Care Institution.  An institutional facility housing more than nine orphaned, abandoned, dependent, abused, or neglected children.

 

(18)  Circulation Area.  That portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot.  Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the circulation area.

 

(19)  Combination Use.  A use consisting of a combination on one lot of two or more principal uses separately listed in the Table of Permissible Uses, Section 16-146.  (Under some circumstances, a second principal use may be regarded as accessory to the first, and thus a combination use is not established.  See Section 16-150.  In addition, when two or more separately owned or separately operated enterprises occupy the same lot, and all such enterprises fall within the same principal use classification, this shall not constitute a combination use.)

 

(20)  Conditional Use Permit.  A permit issued by the Board of Commissioners that authorizes the recipient to make use of property in accordance with the requirements of this chapter as well as any additional requirements imposed by the Board.

 

(21)  Convenience Store.  A one story, retail store containing less than 2000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household sup­plies to customers who purchase only a relatively few items (in contrast to a “supermarket").  It is designed to attract and depends upon a large volume of “stop and go" traffic.  Illustrative examples of convenience stores are those operated by the "Fast Fare", "7-11" and "Pantry" chains.

 

(22)  Day Care Center.  Any child care arrangement that provides day care on a regular basis for more than four hours per day for more than five children of pre-school age.

 

(23)  Developer.  A person who is responsible for any undertaking that requires a zoning permit, special use permit, conditional use permit, or sign permit.

 

(24)  Development.  That which is to be done pursuant to a zoning permit, special use permit, condi­tional use permit, or sign permit.

 

(25)  Dimensional Nonconformity.  A nonconforming situation that occurs when the height, size, or minimum floor space of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located.

 

(26)  Driveway.  That portion of the vehicle accommodation area that consists of a travel lane bound­ed on either side by an area that is not part of the vehicle accommodation area.  Driveways may serve as access from streets or private roads for single-family residences, and may serve as access between parking areas.

 

(27)  Duplex.  A two-family residence other than a two-family conversion.

 

(28)  Dwelling Unit.  A building containing sleeping, kitchen, and bathroom facilities designed for and used or held ready for use as a permanent residence by one family.

 

(29)  Effective Date of This Article.  The effective date of this article as originally adopted, or the effective date of an amendment to it if the amendment makes a sign nonconforming.  [Amended April 10, 1985]

 

(30)  Expenditure.  A sum of money paid out in return for some benefit or to fulfill some obligation. The term also includes binding contractual commitments to make future expenditures as well as any other substantial changes in position.

 

(31)  Extraterritorial Planning Area.  That portion of the town's planning jurisdiction that lies out­side the corporate limits of the town.

 

(32)  Family.  One or more persons living together as a single housekeeping unit.

 

(33)  Floodplain.  Any land area susceptible to being inundated by water from the base flood.  As us­ed in this chapter, the term refers to that area designated as subject to flooding from the base flood (one hundred year flood) on the "Flood Boundary and Floodway Map" prepared by the U.S. Department of Housing and Urban Development, a copy of which is on file in the inspec­tions department.

 

(34)  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 foot.  As used in this chapter, the term refers to that area designated as a floodway on the “Flood Boundary and Floodway Map" prepared by the U.S. Department of Housing and Urban Development, a copy of which is on file in the inspections department.

 

(35)  Gross Floor Area.  The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

 

(36)  Habitable Floor.  Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or any combination thereof.  A floor used only for storage is not a habitable floor.

 

(37)  Halfway House.  A home for not more than nine persons who have demonstrated a tendency toward alcoholism, drug abuse, mental illness [as defined in G.S. 35-17(30)], or antisocial or criminal conduct, together with not more than two persons providing supervision and other services to such persons, all of whom live together as a single housekeeping unit.

 

(38)  Handicapped or Infirm Home.  A residence within a single dwelling unit for at least six but not more than nine persons who are physically or mentally handicapped or infirm, together with not more than two persons providing care or assistance to such persons, all living together as a single housekeeping unit.  Persons residing in such homes, including the aged and disabl­ed, principally need residential care rather than medical treatment.

 

(39)  Handicapped or Infirm Institution.  An institutional facility housing and providing care or assistance for more than nine persons who are physically or mentally handicapped or infirm.  Persons residing in such homes, including the aged or disabled, principally need residential care rather than medical treatment.

 

(40)  High Volume Traffic Generation.  All uses in the 2.000 classification other than low volume generation uses.

 

(41)  Home Health Care.  Services provided to individuals who are restricted in their ability to leave home without assistance, due to illness or injury.  Services may include, but are not necessarily limited to, skilled nursing, physical therapy, occupational therapy, speech therapy, personal hygiene, meal preparation, light housekeeping, etc.  [Amended August 14, 2001]

 

(42)  Home Occupation.  A commercial activity that: (i) is conducted by a person on the same lot (in a residential district) where such person resides, and (ii) is not so insubstantial or incidental or is not so commonly associated with the residential use as to be regarded as an accessory use (see Section 16-150), but that can be conducted without any significantly adverse impact on the surrounding neighborhood.

 

Without limiting the generality of the foregoing, a use may usually not be regarded as having an insignificantly adverse impact on the surrounding neighborhood if: (i) goods, stock in trade, or other commodities are displayed; (ii) any on-premises retail sales occur; (iii) more than one person not a resident on the premises is employed in connection with the purported home oc­cupation; (iv) it creates objectionable noise, fumes, odor, dust or electrical interference; or (v) more than twenty-five percent of the total gross floor area of residential buildings plus other buildings housing the purported home occupation, or more than 300 square feet of gross floor area (whichever is less), is used for home occupation purposes.

 

(43)  Hotels and Motels.  A building or group of buildings wherein temporary lodging is provided on a regular basis to persons who seek to rent rooms or dwelling units on a day-to-day basis, ex­cept that the following are excluded from this definition: (i) tourist homes; (ii) bed and breakfast establishments; (iii) single-family and two-family residences, regardless of the basis on which they are rented; (iv) multi-family residences, unless at least ten percent of the dwelling units within a multi-family development are regularly rented or offered for rent on a day -to-day basis.  [Amended November 12, 1985]

 

(44)  Independent Living Unit.  A unit providing a residential environment for ambulatory or disabled individuals at least fifty-five years of age who do not require health and support services located on the site, such as medical and nursing care, central dining, and transportation services.  Each unit is a self-contained dwelling unit that is physically accessible to older or disabled persons. [Amended August 14, 2001]

 

(45)  Intermediate Care.  Intermediate care is health-related care, outside of a conventional hospital, that is provided by supervised licensed personnel and does not require hospital or skilled nursing care on a regular basis.  It provides the opportunity to care for patients who do not need the facilities of high technology hospitals, but are not capable of being cared for in their own homes without extensive support.  It includes help with activities of daily living, including meals, dressing, personal hygiene, feeding, and medications.  [August 14, 2001]

 

(46)  Intermediate Care Home.  A facility maintained for the purpose of providing accommodations for not more than seven occupants needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institu­tions for the handicapped or infirm.

 

(47)  Intermediate Care Institution.  An institutional facility maintained for the purpose of providing accommodations for more than seven persons needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institutions for the handicapped or infirm.

 

(48)  Itinerant Merchant.  A person, other than a merchant with an established retail store in the town, who transports an inventory of goods to a building, vacant lot, or other location in the town and who, at that location, displays the goods for sale and sells the goods at retail or offers the goods for sale at retail.  [Amended August 13, 2002]

 

(49)  Kennel.  A commercial operation that: (i) provides food and shelter and care of animals for pur­poses not primarily related to medical care (a kennel may or may not be run by or associated with a veterinarian); or (ii) engages in the breeding of animals for sale.

 

(50)  Loading and Unloading Area.  That portion of the vehicle accommodation area used to satisfy the requirements of Section 16-300.

 

(51)  Lot.  A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or a recorded map and which is recognized as a separate legal entity for purposes of transfer of title.

 

Subject to Section 16-123, the permit-issuing authority and the owner of two or more contiguous lots may agree to regard the lots as one lot if necessary or convenient to comply with any of the requirements of this ordinance.

 

(52)  Lot Area.  The total area circumscribed by the boundaries of a lot, except that: (i) when the legal instrument creating a lot shows the boundary of the lot extending to the center of a public street right-of-way or into a public street right-of-way, then the lot boundary for the purposes of com­puting the lot area shall be the street right-of -way line, or a line running parallel to and thirty feet from the center of the traveled portion of the street if the right-of-way line cannot be deter­mined; and (ii) in a residential district, when a private road that serves more than three dwelling units is located along any lot boundary, then the lot boundary for purposes of computing the lot area shall be the inside boundary of the traveled portion of that road.

 

(53)  Low Volume Traffic Generation.  Uses such as furniture stores, carpet stores, major appliance stores, etc. that sell items that are large and bulky, that need a relatively large amount of storage or display area for each unit offered for sale, and that therefore generate less customer traffic per square foot of floor space than stores selling smaller items.

 

(54)  Major Renovation.  Work to restore or repair a structure estimated to cost more than twenty-five percent of the appraised valuation of that structure.  [Amended August 11, 1992]

 

(55)  Mobile Home.  Any structure that: (i) consists of a single unit completely assembled at the factory, or of two (double-wide) or three (triple-wide) principal components totally assembled at the fac­tory and joined together at the site; (ii) is designed so that the total structure (or in the case of double-wides or triple-wides, each component thereof) can be transported on its own chassis; (iii) is over 32 feet in length and over 8 feet in width; (iv) is designed to be used as a dwelling and provides complete, independent living facilities for one family including permanent provisions for living, sleeping, eating, cooking, and sanitation; (v) is actually being used or held ready for use as a dwelling; (vi) is not constructed in accordance with the standards set forth in the North Carolina State Building Code.

 

(56)  Mobile Home, Class A.  A mobile home constructed after July 1, 1976 that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Develop­ment that were in effect at the time of construction and that satisfies the following additional criteria:

 

(a)  The mobile home has a length not exceeding four times its width;

(b)  The pitch of the mobile home’s roof has a minimum vertical rise of one foot for each five feet of horizontal run;

(c)  The exterior materials are of wood, hardboard, or aluminum comparable in composition, appearance, and durability to site built houses in the vicinity;

(d)  A continuous, permanent masonry foundation, unpierced except for required ventilation and access, is installed under the mobile home; and

(e)  The tongue, axles, transporting lights, and removable towing apparatus are to be removed subsequent to final placement.

 

(57)  Mobile Home, Class B.  A mobile home constructed after July 1, 1976 that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Develop­ment that were in effect at the time of construction but that does not satisfy the criteria neces­sary to qualify the house as a class A mobile home.

 

(58)  Mobile Home, Class C.  Any mobile home that does not meet the definitional criteria of a class A or class B mobile home.

 

(59)  Mobile Home Park.  A multifamily residential use consisting of two or more detached mobile homes located on one lot.

 

(60)  Modular Home.  A single-family residence 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. Among other possibilities, a modular home may consist of two sections transported to the site in a manner similar to a mobile home (except that the modular home meets the N.C. State Building Code), or a series of panels or room sections transported on a truck and erected or joined together on the site.

 

(61)  Multifamily Conversion.  A multifamily residence containing not more than four dwelling units resulting from the conversion of a single building containing at least 2000 square feet of gross floor area that was in existence on the effective date of this ordinance and that was originally designed, constructed and occupied as a single-family residence.

 

(62)  Nonconforming Lot.  A lot existing at the effected date of this chapter (and not created for the purposes of evading the restrictions of this chapter) that does not meet the minimum area re­quirement of the district in which the lot is located.

 

(63)  Nonconforming Project.  Any structure, development, or undertaking that is incomplete on the effective date of this chapter and would be inconsistent with any regulation applicable to the district in which it is located if completed as proposed or planned.

 

(64)  Nonconforming Situation.  A situation that occurs when, on the effective date of this chapter, any existing lot or structure or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located.  Among other possibilities, a nonconforming situation may arise because a lot does not meet minimum acreage requirements, because structures exceed maximum height limitations, because the relationship between existing buildings and the land (in such matters as density and set-back requirements) is not in conformity with this chapter, because signs do not meet the requirements of this chapter (Article XVII), or because land or buildings are used for purposes made unlawful by this chapter.

 

(65)  Nonconforming Use.  A nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located.  (For example, a commercial office building in a residential district may be a nonconforming use.)  The term also refers to the activity that constitutes the use made of the property.  (For example, all the activity associated with operating a retail clothing store in a resi­dentially zoned area is a nonconforming use.)

 

(66)  Nursing Care Home.  A facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to not more than nine per­sons.

 

(67)  Nursing Care Institution.  An institutional facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to more than nine persons.

 

(68)  Overlay District.  A zoning district, as established in Section 16-139, which is applied only in conjunction with an underlying, general use zoning district and which may grant additional use or development requirements upon the underlying zoning district.  The effect is for both the overlay district and the underlying zoning district to control the use and development of a lot.  In the event of a conflict between the regulations of the overlay district and the underlying zoning district, the regulations of the overlay district shall prevail, regardless of whether they are more strict or less strict than the regulations of the underlying district. [Amended April 11, 2000]

 

(69)  Parking Area Aisles.  A portion of the vehicle accommodation area consisting of lanes providing access to parking spaces.

 

(70)  Parking Space.  A portion of the vehicle accommodation area set aside for the parking of one vehicle.

 

(71)  Planning jurisdiction.  The area within the town limits as well as the area beyond the city limits within which the town is authorized to plan for and regulate development, as set forth in Section 16-3.

 

(72)  Planned Unit Development.  A development constructed on a tract of at least five (5) acres under single ownership, planned and developed as an integral unit, and consisting of a combination of principal uses that could not be combined in any district other than a planned unit development district.

 

(73)  Public Water Supply System.  Any water supply system furnishing potable water to ten or more dwelling units or businesses or any combination thereof. (See G.S. 130A-311.)

 

(74)  Receive-Only Earth Station.  An antenna and attendant processing equipment for reception of electronic signals from satellites.

 

(75)  Residence, Multi-Family.  A residential use consisting of two dwelling units located in separate buildings on the same lot or three or more dwelling units located in one or more buildings on the same lot.

 

(76)  Residence, Single-Family.  A residential use consisting of a building containing one dwelling unit on a single lot.

 

(77)  Residence, Single-Family with Accessory Apartment.  A residential use having the external appearance of a single-family residence, but in which there is located a second dwelling unit that comprises not more than twenty-five percent of the gross floor area of the building nor more than a total of 750 square feet.

 

(78)  Residence, Two-Family.  A residential use consisting of two dwelling units within a single building on a single lot other than a single-family residence with accessory apartment.  Two dwelling units that are connected only by structural components designed to form a passageway (e.g., a covered walkway) rather than a place of occupancy (e.g., porch or garage) shall not be regarded as a two-family residence.

 

(79)  Restaurant.  A place where meals or food products are prepared, served, and eaten.

 

(80)  Road.  All private ways used to provide motor vehicle access to (i) two three or more lots or (ii) two or more distinct areas or buildings in unsubdivided developments.

 

(81)  Rooming House.  (See Boarding House)

 

(82)  Short-Term Rental of a Dwelling Unit.  The rental, lease, or use of an attached or detached residential dwelling unit for a duration that is less than 28 consecutive days.  Short-term rental use does not include rooming houses, boarding houses, or bed and breakfast establishments, which are specifically addressed as separate uses within the Table of Permissible Uses.  [Amended April 11, 2000]

 

(83)  Sign.  Any object, device, display, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, to call attention to, to announce or identify the purpose of any person, place, or entity, or to communicate information of any kind to the public.  Any flag, streamer, pole, or architectural device shall be construed a sign when it is intended to draw attention to or announce or identify an enterprise.  [Amended March 11, 1997]

 

(84)  Sign, Freestanding.  A sign that is attached to, erected on, or supported by a structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure whose principal function is something other than the support of a sign.  If the message is removed from a structure that was originally designed and used as a freestanding sign, this structure shall still be considered a sign.  Freestanding signs, as used in this Article, shall include the following:

 

(84.1)  Ground-mounted Sign.  A freestanding sign, supported by a contiguous structural base or planter box that is permanently affixed to the ground, shall be considered a ground-mounted sign.

 

(84.2)  Column Sign.  A sign supported by one or more columns or poles or other similar support.

[Amended April 10, 1985; Amended March 11, 1997]

 

(85)  Sign, Internally Illuminated.  Signs where the source of the illumination is inside the sign and light emanates through the message of the sign, rather than being reflected off the surface of the sign from an external source.  Without limiting the generality of the foregoing, signs that consist of or contain tubes that (i) are filled with neon or some other gas that glows when an electric current passes through it and (ii) are intended to form or constitute all or part of the message of the sign, rather than merely providing illumination to other parts of the sign that contain the message, shall also be considered internally illuminated signs.  [Amended April 10, 1985]

 

(86)  Sign, Nonconforming.  A sign that was erected legally but that does not comply with subsequently-enacted sign restrictions and regulations.  [Amended March 11, 1997]

 

(87)  Sign, Off-Premises.  A sign that communicates a commercial message about a business, service, commodity, accommodation, attraction, or other enterprise or activity that exists or is conducted, sold, offered, maintained or provided at a location other than the premises where the sign is located.  [Amended April 10, 1985; Amended March 11, 1997]

 

(88)  Sign, On-Premises.  A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other enterprise or activity that exists or is conducted, sold, offered, maintained, or provided on the premises where the sign is located.

 

(89)  Sign Permit.  A permit issued by the land use administrator that authorizes the recipient to erect, move, enlarge, or substantially alter a sign.

 

(90)  Skilled Nursing Care.  Skilled care is professionally supervised nursing care and related medical and other health services for persons who are assessed as needing 24-hour nursing care that can only be met in a long-term care facility on an inpatient basis. [Amended August 14, 2001]

 

(91)  Special Events.  Circuses, fairs, carnivals, festivals, or other types of special events that: (i) run for longer than one day, but not longer than two weeks; (ii) are intended to or likely to attract substantial crowds; and (iii) are unlike the customary or usual activities generally associated with the property where the special event is to be located.

 

(92)  Special Use Permit.  A permit issued by the board of adjustment that authorizes the recipient to make use of property in accordance with the requirements of this chapter as well as any additional requirements imposed by the board of adjustment.

 

(93)  Street.  A public Town street or a street with respect to which an offer of dedication has been made and accepted by the Town.

 

(94)  Shared Driveway.  A driveway shared between two single-family zoning lots.  See Section 16-294.