Land Development Ordinance - Amended 4-7-2025

(19) OVERFLOW PARKING. The term defining any parking spaces proposed beyond the number required by the Town’s parking standards, or those proposed by the number of parking spaces meeting the shared parking requirements as submitted by the developer and approved by the Planning Department prior to site plan approval. (20) OWNER . The term defining 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 prop erty or having legal control of the property. “Owner” 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 in this definition, such as a management entity.

(21) OWNER (Building). The term defining any person who alone, jointly or severally with others who:

A. Shall have title in fee simple to any nonresidential building or structure, with or without accompanying actual possession thereof; or,

B. Shall have charge, care or control of any nonresidential building or structure as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of the Land Development Ordinance and the North Carolina State Building Code rules and regulations adopted pursuant thereto, to the same extent as if he/she were the owner.

(22) OWNER (Minimum Housing). The term defining any person alone, or jointly, or severally with others who:

A. Shall have title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or,

B. Shall have charge, care or control of any dwelling or dwelling unit as owner or agent of the owner, or as executor, administrator, trustee or guardian of the estate of the owner, any such person thus representing the actual owner shall be bound to comply with the provisions of this Article, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.

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