Act of God: An event, such as an earthquake or hurricane, that is caused by natural forces and cannot be prevented or foreseen.
Active Recreation: Leisure activities usually of an organized nature, often performed with others and often requiring equipment, taking place at prescribed places, sites, or fields.
Adjacent: Property abutting directly on the boundary of, touching, or sharing a common point.
Adopted Land Use Plans: Any land use plan adopted by a governing body including, specifically, the Comprehensive Plan.
Adult Establishment: A business as defined in North Carolina General Statute (NCGS) §14-202.10(2). This definition includes adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult live entertainment businesses or massage businesses. These uses are further defined in NCGS §14-202.10 and the definitions are adopted by reference; however, massage therapy businesses as defined in this Ordinance are exempt from this definition.
Affordable Housing Dwelling Unit: A dwelling unit committed for a minimum 30-year term as affordable, through covenants, restrictions, or officially adopted agreements, to households with incomes as follows. Income eligibility, affordable rent levels and affordable for sale prices, as well as monitoring and compliance requirements for affordable housing dwelling units, will adhere to the adopted rules and procedures of the City of Durham’s Community Development Department.
A. For rental units, household income at initial occupancy of the rental affordable housing dwelling unit must be at or below 60% of area median income as defined by the United States Department of Housing and Urban Development (HUD) for the HOME Investment Partnership Program. The unit will remain qualified as an affordable housing dwelling unit if household income rises above 60% AMI but remains at or below 80% AMI after initial occupancy. If tenant income after initial occupancy rises above 80% AMI, the unit will no longer qualify as an affordable housing dwelling unit.
B. For homeownership units, household income at closing of the for sale affordable housing dwelling unit must be at or below 80% of area median income as defined by HUD for the HOME Investment Partnership Program. There are no limits on increases in income after closing as long as the unit remains the household’s principal residence.
Afforestation: The act of establishing forest cover.
Agricultural Uses: Land used as pasture or in the commercial production of crops, forestry, horticultural products, fish hatcheries or aquaculture, and the keeping of livestock for commercial or noncommercial purposes. Also included in this definition of agricultural uses are agricultural accessory buildings and sales of farm products grown or produced on the premises. This definition does not include domesticated chickens allowed pursuant to Sec. 5.4, Accessory Uses and Structures, the commercial slaughtering of animals for marketing, and farm tenant dwellings.
Airport: A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled.
Alley: A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.
Alternative Form of Compliance: A form of compliance that equals or exceeds an applicable standard and is subject to approval as defined in the Unified Development Ordinance.
Antenna: Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas.
Antenna Array: A single or group of antenna(s) and their associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device such as a mounting frame or mounting support structure for the sole purpose of transmitting or receiving electromagnetic waves.
Antenna-Supporting Structure: A vertical projection composed of metal or other substance with or without a foundation that is for the express purpose of accommodating antennas at a desired height above grade. Antenna-supporting structures do not include any device used to attach antennas to an existing building, unless the device extends above the highest point of the building by more than 20 feet. A wireless support structure is defined separately within this section.
Anti-Climbing Device: A piece or pieces of equipment which are either attached to antenna supporting structure, or which are free-standing and are designed to prevent people from climbing the structure. These devices can include but are not limited to fine mesh wrap around structure legs, “squirrel-cones,” the removal of climbing pegs on monopole structures, or other approved devices, but excluding the use of barbed or razor wire.
Appeal: Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision.
Apiculture: The maintenance of honey bee colonies.
Area Median Income (AMI): Income thresholds established by the United States Housing Department of Housing and Urban Development (HUD) based on median income for households in metropolitan areas, adjusted for family size, to determine eligibility for a variety of housing programs.
Area of Shallow Flooding: A designated AO Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet, where a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate, and velocity flow may be evident.
Articulation: An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety.