APPENDIX I DEFINITIONS

For the purposes of this ordinance, certain words, concept, and ideas are defined herein. Except as defined herein, all other words used in this ordinance shall have their customary dictionary definition.

I.2 Interpretation

I.2.1 As used in this ordinance, words importing the masculine gender include the feminine and neuter.

I.2.2 Words used in the singular in this ordinance include the plural and words used in the plural include the singular.

I.2.3 Words used in the present tense include future tense.

I.2.4 The word “person” includes a firm, association, organization, corporation, company, trust, and partnership as well as an individual.

I.2.5 The words “may” and “should” are permissive.

I.2.6 The words “shall” and “will” are always mandatory and not merely directive.

I.2.7 The word “used for” shall include the meaning “designed for”.

I.2.8 The words “used” or “occupied” shall mean “intended, designed, and arranged to be used or occupied”.

I.2.9 The word “lot” shall include the words “plot”, “parcel”, “site”, and “premises”.

I.2.10 The word “structure” shall include the word “building”.

I.2.11 The word “street” includes the word “alley”, “road”, “cul-de-sac” “highway”, or “thoroughfare”, whether designated as public or private.

I.2.12 The word “includes” shall not limit the term to specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

I.2.13 The word “Council” shall include “Town Council” of the Town of St. James , North Carolina.

I.2.14 The words “Zoning Board”, “Zoning Commission”, “Planning Commission”, or “Planning Board” shall mean the “Town of St. James Planning Board”.

I.2.15 The word “Town” shall mean the “Town of St. James ”, a municipal corporation of the State of North Carolina.

I.2.16 The words “map”, “zoning map”, and “ St. James Zoning Map” shall mean the “Official Zoning Map for the Town of St. James , North Carolina”.

I.3 Definitions

ABANDON. To cease the regular use or maintenance of a lot, building, or structure.

ABUTTING. Having common property boundaries or lot lines that are not separated by a street, alley, or other vehicular right-of-way such as a railroad. For purposes of this ordinance, ADJOINING shall have the same meaning as ABUTTING.

ACCESSORY DWELLING UNIT (ATTACHED). A self-contained dwelling unit incorporated within an existing structure for only one family.

ACCESSORY DWELLING UNIT (DETACHED). A dwelling unit located within an accessory structure which is located more than three feet from the principal structure and is restricted in area, purpose, and occupancy in accordance with this ordinance.

ACCESSORY USES AND STRUCTURES. A use or structure that is customarily or typically subordinate to and serves a principal use or structure; is clearly subordinate in area, extent, or purpose to the principal use or structure served; and is located on the same lot as the principal use or structure. In no event shall ACCESSORY USE or ACCESSORY STRUCTURE be construed to authorize a principal use or structure not otherwise permitted in the district in which the use is located.

ADJACENT. Having common property boundaries or lot lines or being directly across a street, alley, or body of water, none of which exceeds 100 feet in width.

ADMINISTRATIVE DECISION. Decisions made in the implementation, administration, or enforcement of development regulations that involve the determination of facts and the application of objective standards set forth in this UDO. These are sometimes referred to as ministerial decisions or administrative determinations. Appeals of ADMINISTRATIVE DECISIONS made by the staff under this UDO shall be made to the Board of Adjustment unless a different board or remedy is explicitly provided herein.

AIRPORT. A facility intended and used as the place where one or more fixed-wing or rotary-wing aircraft are regularly stored, maintained, or repaired while not in flight with an area that the aircraft may use to take off and land, and including the sale of goods or materials to users of such aircraft.

ALLEY. A private or public right-of-way or easement which is less than 30 feet in width and runs between two or more lots or located on a single lot, affording primary or secondary vehicular access to the properties which abut it.

AMENDMENT. Any change by the Town Council to the text of these regulations or the official zoning maps.

ANIMAL HOSPITAL/VETERINARY CLINIC. A place or facility that provides dental, medical, or surgical care for dogs, cats, and other domesticated animals.

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.

APPLICANT. Any person seeking approval under these regulations for any form of development or use of land.

ATHLETIC FIELD. An area designed for active recreation, whether publicly or privately owned, including, but not limited to, baseball/softball diamonds, soccer fields, football fields, golf courses and ranges, tennis courts, racetracks, and swimming pools.

AUTOMOTIVE REPAIR. A building or area designed and used for the storage, care, and repair of motor vehicles, including both minor and major mechanical overhauling, paint, and body work. (Also see SERVICE STATION, GASOLINE.)

AWNING. A structure made of cloth, metal, or other material affixed to a building in such a manner that the structure may be raised or retracted from a building to a flat position against the building. An AWNING is not a canopy.

BANK AND CREDIT UNION. See FINANCIAL INSTITUTION.

BANNER. A sign intended to be hung either with or without a frame, possessing characters, letters, illustrations, or ornamentation applied to plastic or fabric of any kind, excluding flags and emblems of government, political, professional, religious, educational, or corporate organizations.

BAR. Any establishment wherein alcoholic beverages are sold at retail for consumption on the premises and from where minors are excluded by law. This definition does not include premises where alcoholic beverages are sold in conjunction with the sale of food for consumption on the premises and the sale of alcoholic beverages comprises less than 25% of gross receipts.

BED AND BREAKFAST (B & B). An owner-occupied single-family detached dwelling duly licensed as a bed and breakfast by the appropriate state agency that offers lodging for paying guests and may provide food services to these guests. BED AND BREAKFASTS do not include other similar uses such as hotels or motels, health care facilities, boardinghouses, group homes, halfway houses, hostels, or rescue missions.

BOARDINGHOUSE AND ROOMING HOUSE. Any form of dwelling unit where meals and rooms are offered on a permanent or long-term basis for remuneration.

BONA FIDE FARM. A property that is located in the town’s extraterritorial jurisdiction that is used for bona fide farm purposes in accordance with G.S. § 160D-903(a) and is exempt from zoning regulation to the same extent bona fide farming activities are exempt from county zoning pursuant to G.S. § 160D-903.

BUFFER (ALSO SEE SCREENING). A strip of land with natural or planted vegetation located between a use or structure and a side or rear property line intended to separate and partially obstruct the view of two abutting land uses or properties from one another. A BUFFER area may include any required screening for the site.

BUILDABLE AREA. The area of a zoning lot remaining after the minimum setback requirements of this ordinance have been satisfied.

BUILDING. A temporary or permanent structure having a roof supported by columns or walls and which can be used for the shelter, housing, or enclosure of persons, animals, or goods. Manufactured homes and modular homes are BUILDINGS.

BUILDING HEIGHT. See HEIGHT.

BUILDING SITE. An area of land or property where development is undertaken. (Also see DEVELOPMENT.)

BUILDING WALL. The entire surface area, including windows and doors, of an exterior wall of a building. For the purposes of these regulations, the area of a wall will be calculated for only the first three stories, or 40 feet maximum height of a building, whichever is less.

CALIPER. The diameter of the main trunk or stem of plant material, measured at the specified height above the ground.

CAMA - COASTAL AREA MANAGEMENT ACT. This Act, along with the Dredge and Fill Law and the Federal Coastal Zone Management Act, is managed through North Carolina Department of Environment and Natural Resources (NCDENR) Division of Coastal Management (DCM).

CANOPY. A permanent structure other than an awning made of cloth, metal, or other material attached or unattached to a building for the purpose of providing shelter to patrons or automobiles, or as a decorative feature on a building wall. A CANOPY is not a completely enclosed structure.

CAR WASH. A facility where motor vehicles are washed, cleaned, and/or waxed by hand or with manually operated equipment or automatic machinery.

CEMETERY. A place for the burial of the dead. A CEMETERY can be a combination of one or more of the following, in a place used or to be used and dedicated or designated for such purposes:

A. A burial park, for earth interment;

B. A mausoleum, for burial above the ground; and

C. A columbarium, a structure substantially above the ground, for interment of the cremated remains of a deceased person.

CLEAR-CUT. To cut all the trees in a stand of timber.

CLINIC, MEDICAL, DENTAL, OR OPTICAL. A use or structure intended or used primarily for the testing and treatment of human physical or mental disorders.

CLUSTER DEVELOPMENT. A residential cluster development, (also called CONSERVATION DEVELOPMENT), is the grouping of residential properties on a development site in order to use the extra land as open space, recreation, or agriculture. The concepts are also used for commercial developments.

COLLEGES AND UNIVERSITIES. A use, whether privately owned or publicly owned, providing education beyond the high school level.

COMMERCIAL USE. An occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee.

COMMON OPEN SPACE. A lot or parcel of open space within a development site designed and intended for the use and enjoyment of residents of the development or for the general public, not including streets or off-street parking area. (Also see OPEN SPACE.)

COMMUNICATION TOWER. A structure either freestanding or attached to a building, principally intended to radiate or receive a source of non-ionizing electromagnetic radiation (NIER), and primary and accessory equipment related to broadcast services, cellular or digital telephone services, pagers, beepers, date, and common carriers (as regulated by the Federal Communications Commission), including FM, AM, two-way radio, fixed point microwave, commercial, satellite, cellular, and PCS communication systems. The term TELECOMMUNICATION TOWER does not include electrical or telephone transmission lines or supporting structures, antennas of amateur radio (HAM) operators, amateur club services licensed by the Federal Communications Commission, satellite dishes, and antennas less than 60 feet in height with transmitting power of 250 watts or less.

COMMUNITY GARDEN. A private or public facility for cultivation of fruits, vegetables, or ornamental plants by more than one person or family; may in some cases be co-located with parks and treated as a separate use.

COMPREHENSIVE PLAN. The adopted official statement of a legislative body of a local government that sets forth goals, policies, and guidelines intended to direct the present and future physical, social, and economic development that occurs within its planning jurisdiction.

CONCEPTUAL PLAN. A drawing designed to show proposed elements of a development in a conceptual manner. Also known as a SKETCH PLAN.

CONDOMINIUM. The ownership of single units in a structure with common areas and facilities.

CONDOMINIUM UNIT. An enclosed space consisting of one or more rooms occupying all or part of a floor in a building or one or more floors or stories regardless of whether it is designed for residence, office, the operation of any industry or business, or any other type of independent use and shall include such accessory spaces and areas as may be described in the declaration, such as garage space, storage space, balcony, terrace, or patio.

CONGREGATE CARE FACILITY. A licensed multi-unit facility which provides private living quarters with centralized dining services, shared living spaces, and access to social and recreational activities to meet the needs of elderly citizens. Facility may offer personal care, rehabilitative and support services. CONGREGATE CARE does not include nursing care or similar institutions devoted primarily to the care of the chronically ill or incurable.

CONVENIENCE STORE. Any retail establishment offering for sale automotive products, prepackaged food products, household items, and/or goods commonly associated with the same and having a gross floor area of no more than 3,000 square feet.

DAY CARE CENTER. A place, other than an occupied dwelling, that provides for the care of children or adults. Those receiving care are not all related to each other by blood or marriage and are not legal wards or foster children of the attendant adults, and for which care a payment, fee, or grant is made. The following facilities are not considered DAY CARE FACILITIES: public schools; non- public schools whether or not accredited by the N.C. State Department of Public Instruction, which regularly and exclusively provide a course of grade school instruction to children who are of public school age; summer camps having children in full-time residence; summer day camps; and Bible schools normally conducted during vacation periods.

DAY CARE HOME. Use of a dwelling for the purpose of providing for the care of children or adults by an adult occupant of the dwelling. For purposes of a DAY CARE HOME, those receiving care are not all related to the occupant or to each other by blood or marriage and are not the legal wards or foster children of the attendant adults. Additionally, those receiving care are not dependents of the occupant, and do not reside on the site.

DAY CARE OPERATOR/PRIMARY CAREGIVER. The person or entity that is granted permission by the State of North Carolina to operate a day care facility and to be held legally responsible for the day care business.

DECISION AUTHORITY. Delegated or given the power to determine, adjudicate, or otherwise settle issues or disputes. The term decision includes any final and binding order, requirement, or determination

DEDICATION. The transfer, without payment, of ownership or other interest in real property from a person or private entity to a public agency or a non-profit corporation.

DENSITY, GROSS RESIDENTIAL. The number of residential dwelling units per acre of land determined by dividing the number of dwelling units by the total number of acres in the parcel to be developed.

DETERMINATION. A written, final, and binding order, requirement, or determination regarding an administrative decision. Written notice of a DETERMINATION shall be delivered by personal delivery, electronic mail, or by first class mail. The notice shall be delivered to the last address listed for the owner of the affected property on the county tax abstract and to the address provided in the application or request for a DETERMINATION if the party seeking the determination is different from the owner.

DEVELOPER. Any person seeking approval under these regulations for any form of development.

DEVELOPMENT.

Except as limited in this subsection, the carrying out of any building activity, the making of any change in the use or appearance of any structure or land, or the subdividing of land into two or more parcels.

A. Except as provided in subsection C. hereof, for the purposes of these regulations, the following activities or uses shall be considered DEVELOPMENT:

1. The reconstruction, alteration of the size, or substantial change in the external appearance of a structure on land or water;

2. A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land, but only so long as the increase in the number of such establishments materially increases the number of persons occupying or employed on the premises;

3. Alteration of the shore or bank of a pond, lake, river, or other waterway;

4. Commencement of drilling (except to obtain soil samples), mining, or excavation on a parcel of land;

5. Clearing of land, including clearing or removal of vegetation and including any significant disturbance of vegetation or soil manipulation; or

6. Deposit of refuse, solid or liquid waste, or fill on a parcel of land.

B. When appropriate to the context, DEVELOPMENT refers to the act of developing or to the result of development. Reference to any specific operation is not intended to mean that the operation or activity, when part of other operations or activities are not DEVELOPMENT. Reference to particular operations is not intended to limit the generality of this definition.

C. For the purpose of these regulations, the following operations or uses shall not be considered DEVELOPMENT:

1. Work involving the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the color or decoration of the exterior of the structure or interior alterations that do not change the use for which the structure was constructed;

2. Work involving the maintenance or replacement of existing landscaped areas and existing rights-of-way;

3. A change in use of land or structure from a use within a specified category of use to another use in the same category;

4. A change in the ownership or form of ownership of any parcel or structure;

5. The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land, or other rights in land unless otherwise specifically required by law; or

6. The clearing of survey cuts or other paths of less than four feet in width.

DEVELOPMENT APPROVAL. An administrative or quasi-judicial approval made pursuant to this UDO that is written and that is required prior to commencing development or undertaking a specific activity, project, or development proposal. DEVELOPMENT APPROVALS include, but are not limited to, zoning permits, site plan approvals, special use permits, variances, and sign permits. The term also includes all other regulatory approvals required by regulations adopted pursuant to this UDO, including plat approvals, permits issued, and building permits issued.

DIAMETER AT BREAST HEIGHT (DBH). The diameter of a tree measured four and one-half feet above the ground.

DOG PARKS (ALSO KNOWN AS DOG RUNS). A dog park is a fenced facility set aside for dogs to exercise and play off-leash in a controlled environment under the supervision of the responsible person(s). Parks vary in accouterments, although a typical DOG PARK offers separate, double-gated entry and exit points; adequate drainage; benches for humans; shade for hot days. DOG PARKS may also feature wheel-chair access, a pond for swimming; a separate enclosure for small dogs. May be stand alone or co-located with active parks and treated as a separate use.

DRIVE-THROUGH RESTAURANT. See RESTAURANT, DRIVE-THROUGH SERVICE.

DRIVE-THROUGH SERVICE WINDOWS. A customer service facility located either within the principal structure of an office or retail establishment or accessory structure thereto, which is intended to enable the customer to transact business with a salesperson located within the principal structure without exiting the motor vehicle. It is presumed that the motor vehicle exits the premises immediately upon the transaction of business.

DWELLING, ATTACHED. Any duplex or multi-family dwelling developed side by side where land is sold with each dwelling unit. This includes townhouses.

DWELLING, DETACHED. A dwelling unit that is developed with open yards on at least three sides, including modular homes, but not including manufactured homes, mobile homes, or recreational or motor vehicles.

DWELLING, DUPLEX. Two dwelling units, including modular homes, placed one on top of another or attached side-by-side and sharing one or more common walls.

DWELLING, MULTI-FAMILY. More than two dwelling units, including modular homes, placed one on top of another or side by side and sharing common walls or common floors and ceilings.

DWELLING, SINGLE-FAMILY ATTACHED. No more than two single-family dwellings located on individuals lots which share a common wall along the interior side lot line of the lots, providing for fee simple ownership of each dwelling and lot.

DWELLING, SINGLE-FAMILY ZERO LOT LINE. A single-family dwelling located on one lot, constructed with one of the exterior walls adjacent to a side lot line and with yards on the other three sides of the dwelling.

DWELLING UNIT. A room or combination of rooms designed for year-round habitation, containing a bathroom and kitchen facilities, and designed for or used as a permanent residence by at least one family.

EASEMENT. A grant of one or more property rights for a specific purpose by the property owner to, or for the use by, the public or another person.

ELECTRONIC GAME PROMOTIONS. Any enterprise (as a principal use or an accessory use) utilizing electronic machines, including computers, as game promotions, in a game promotion, a person may conduct a game of chance in connection with the sale of consumer products or services and/or for which the elements of chance and prize are present. This term includes, but is not limited to, sweepstakes or internet cafes. This does not include any lottery approved by the State of North Carolina.

ELEMENTARY AND SECONDARY SCHOOLS. A privately owned or publicly owned preschool, elementary school, middle school, junior high school, high school, or vocational school.

EMERGENCY SHELTER. A shelter or facility that provides temporary housing to people and/or families during times of or as a result of severe life-threatening weather conditions (including, but not limited to, hurricanes, natural disasters, and extreme temperatures) or other emergency conditions.

ENGINEER, PROFESSIONAL. A person licensed to practice engineering in the State of North Carolina.

FAMILIAL RELATIONSHIP. For purposes of determining conflicts of interest, a CLOSE FAMILIAL RELATIONSHIP means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships.

FAMILY CARE HOME. A dwelling that provides room and board for not more than six persons who because of age, illness, disability, or specialized program, require personalized services or a supervised living arrangement in order to assure their safety and comfort that is regulated by the State of North Carolina, (for purposes of FAMILY CARE HOMES, a “person with a disability” as defined in G.S. § 160D-9-6(b)(2) means a person with a temporary or permanent physical, emotional, or mental disability including, but not limited to, intellectual disability, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances, and orthopedic impairments, but not including mentally ill persons who are dangerous to others as defined in G.S. § 122C-3(11)b.). If the home is not licensed under G.S. § 131D-10.10 or is exempt from state licensing, the home shall be considered a group home and shall be subject to all applicable requirements of this ordinance.

FARMER’S MARKET. The seasonal selling or offering for sale at retail of vegetables or produce, occurring in a pre-designated area, where the vendors are generally individuals who have raised the vegetables.

FINANCIAL INSTITUTION. A use or structure where financial, pecuniary, fiscal, or monetary services are made available to the public, including, but not limited to, depository institutions (i.e., banks, credit unions, savings and loans, and the like) non-depository credit institutions (i.e., credit agencies, loan brokers, and the like), holding companies (but not predominantly operating companies), other investment companies, brokers, and dealers in securities and commodity contracts and security and commodity exchanges.

FLAG, PUBLIC. A piece of durable fabric or other flexible material solely containing distinctive colors, patterns, standards, words, or emblems of any nation, organization of nations, state, or city including, but not limited to, political jurisdictions such as the United States, or any fraternal, religious, or civic organizations. Flags displaying a logo, message, statement, or expression relating to commercial interests are not considered PUBLIC FLAGS and must conform to the sign regulations of Article 11.

FLAGPOLE. A permanent, freestanding structure or a structure attached to a building and used for the sole purpose of displaying a public flag. Freestanding flagpoles or flags displayed on mast aims typically have a halyard system of rope used to hoist the flag. A “flag staff” is not considered a FLAGPOLE.

FLOOR AREA. The sum of the gross horizontal areas of each floor of the principal building, and any accessory building or structures measured from outside of the exterior walls or from the centerline of common walls. The term does not include any area used exclusively for the surface parking of motor vehicles or for building or equipment access, such as stairs, elevator shafts, and maintenance crawl space.

FLOOR AREA RATIO (FAR). The total floor area of the building or buildings on a lot or parcel divided by the gross area of the lot or parcel.

FRATERNAL CLUB OR LODGE (PRIVATE NONPROFIT, CIVIC, OR FRATERNAL). A building or meeting facility, which is restricted to members and guests of members of a nonprofit association or corporation, including accessory uses, such as recreational facilities, banquet facilities, and overnight lodging for members, but not including the sale of goods or services to the general public on the premises on a regular basis, or commercial outdoor recreational or entertainment activities involving the use of animals or firearms.

FUNERAL HOME. An establishment engaged in undertaking services, such as preparing the human dead for burial and in arranging and managing funerals.

FUTURE CONNECTION. The extension of a street to an external property line to facilitate future roadway connection.

GOLF COURSE. A tract of land designed and laid out for the game of golf having at least nine holes, each with a tee, fairway, green, and hazards. This definition includes golf practice facilities such as driving ranges and chipping and putting practice areas. This definition does not include miniature golf.

GOVERNMENT OFFICES. A building, use, or facility owned by a government agency and serving as an agency office, police station, fire station, library, community center, or similar facility, and a building, use, or facility serving as a volunteer fire station, but not including a vehicle storage yard, jail, prison, sanitary landfill, solid waste transfer or disposal facility, waste water treatment facility, educational or health institution, university, group home, recreation center, or housing for persons who are participating in work release programs or who have previously served and completed terms of imprisonment for violations of criminal laws.

GROUP CARE HOME. A dwelling operated under state regulations that provide room and board for fewer than six individuals who as a result of age, illness, handicap, or some specialized program, require personalized services or a supervised living arrangement in order to assure their safety and comfort. Additional requirements may be imposed by the International Building Code with North Carolina amendments.

GROUND COVERS. Low growing plants such as grasses, ivy, creeping bushes, and similar decorative plantings. Where required by this ordinance, GROUND COVERS shall have the capability of soil stabilization and erosion control.

HEIGHT, BUILDING. The vertical distance of a building as measured from the mean elevation of the lot at the staked corners of the building foundation (before any filling, contouring, or prepping of the lot prior to construction) to the highest point of the structure. Equipment rooms, belfries, cupolas, widow walks, observation decks, and the like, are all considered a part of the building and shall be included in the calculation of building height unless otherwise specified in the UDO. For single-family residential districts, HEIGHT is measured from the garage foundation elevation. However in the event that the garage foundation elevation is above the foundation elevation of the residence, the “mean elevation” method described above must be used.

HELISTOP. A limited use helicopter terminal facility that is clearly subordinate to a related business, institution, or other operation.

HOSPITAL. An establishment primarily engaged in providing diagnostic services, extensive medical treatment including surgical services, and other services, as well as continuous nursing services. The establishment has an organized medical staff on duty 24 hours a day, inpatient beds and equipment, and facilities to provide complete health care. It may also provide emergency room care and include less intensive medical uses such as convalescent and ambulatory care facilities. HOSPITALS may provide facilities for psychiatric and chemical dependency inpatient treatment either in addition to the medical services or as specialized hospitals. (Amended 10.1.13)

HOTEL OR MOTEL. A building containing more than four individual rooms for the purpose of providing overnight lodging facilities to the general public for compensation with or without meals, and which has common facilities for reservations, cleaning services, combined utilities, and on-site management and reception.

HOUSES OF WORSHIP. A church, synagogue, temple, mosque, or other place of religious worship.

HOUSING, DUPLEX. Two attached housing units in a single structure on a single lot. The two units can be located on separate floors or side-by-side.

HOUSING, SEMI-ATTACHED HOUSE. Two attached single-family housing units located on two lots that share a common wall along the lot line, providing for fee-simple ownership.

HOUSING, SINGLE-FAMILY DETACHED. A housing unit located on a single lot with private yards on all four sides.

HOUSING, TOWNHOUSE. Three or more attached single-family housing units located on separately owned lots where the units are lined up in a row and share side walls; individual units can be mixed vertically.

HOUSING, TRADITIONAL HOUSES. A housing unit located on a single lot with private yards on all four sides; however, the house shall be set much closer to the street than a single-family detached house.

IMPERVIOUS SURFACE. Any surface or ground cover which, in whole or in part, restricts or prevents the natural absorption of water into the ground. Such surfaces include, but are not limited to, asphalt, concrete, stone, brick, terrazzo, roofing, ceramic tile, or any other natural or human-made material that prevents the absorption of surface water into the soil.

JUNKYARD. A parcel of land on which waste material or inoperative vehicles or other machinery are collected, stored, salvaged, or sold.

KENNEL. A commercial use or structure intended and used for the breeding or accommodation of small domestic animals for sale and/or for the training or overnight boarding of animals for persons other than the owner of the lot. This definition shall not include a veterinary clinic in which the overnight boarding of animals is necessary for or accessory to the testing and medical treatment of the physical disorders of animals.

LANDOWNER. Any owner of a legal or equitable interest in real property, including the heirs, successors, assigns and personal representatives of such owner. The LANDOWNER may allow a person holding a valid option to purchase to act as his agent or representative for the purposes of submitting a proposed site-specific vesting plan or a multi-phased development under this section, in the manner allowed by this chapter.

LAND USE PERMITS. All permits issued by the town pursuant to Article 4 of the ordinance.

LOT. A parcel of land or any combination of several parcels of land occupied or intended to be occupied by a principal use or structure, together with any accessory structures or uses and such access ways, parking areas, yards, and open spaces required in these regulations.

LOT AREA. The total area within the lot lines of a lot.

LOT, CORNER. A lot located at the intersection of two or more streets, or abutting a curved street or streets in such a way that the front building line meets either side lot line at an interior angle of less than 135 degrees.

LOT COVERAGE. The portion of the lot area, expressed as a percent that is covered by impervious surface cover.

LOT, DOUBLE FRONTAGE. A lot having frontage and access on two or more public streets. A corner lot shall not be considered as having double frontage unless it has frontage and access on three or more streets.

LOT, FLAG. A lot not fronting or abutting a public street and where access to the public street is by a narrow, private right-of-way.

LOT, INTERIOR. A lot other than a corner lot with frontage only on one street.

LOT LINE. A line dividing one lot from another lot or from a street or alley.

LOT OF RECORD. A lot described by plat or by metes and bounds which has been recorded in the office of the Register of Deeds.

MANUFACTURED HOME. A structure or dwelling designed for living or sleeping purposes, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. Sometimes called a MOBILE HOME.

A. CLASS A MANUFACTURED HOME (MULTI-SECTION/DOUBLE-WIDE). A manufactured home constructed after October 27, 1987, that meets or exceeds the construction standards established by the U.S. Department of Housing and Urban Renewal (HUD) that were in effect at the time of its manufacture and is a multi-section unit.

B. CLASS B MANUFACTURED HOME (SINGLE-WIDE). A manufactured home constructed after October 27, 1987, that meets or exceeds the construction standards established by HUD that were in effect at the time of its manufacture and is a single-wide unit.

MANUFACTURED HOME PARK. Premises where manufactured homes are parked for living and sleeping purposes, or any premises used for or set apart for the purpose of supplying parking space for manufactured homes for living and sleeping purposes. Often known as MOBILE HOME PARKS or HOUSE TRAILER PARKS OR COURTS. A MANUFACTURED HOME PARK is not a manufactured home subdivision.

MARINA. Any publicly or privately owned dock, basin, or wet boat storage facility constructed to accommodate more than two boats and providing any of the following services: permanent or transient docking spaces, dry storage, fueling facilities, haul-out facilities, and repair services.

MIXED-USE DEVELOPMENT. A mixed-use development consists of one or more mixed-use buildings or a combination of single and mixed-use buildings in a pedestrian oriented environment.

MOBILE HOME. See MANUFACTURED HOME.

MODULAR BUILDING. A factory-fabricated, transportable building or dwelling in compliance with the International Building Code with North Carolina amendments, which is designed to be used by itself or to be incorporated with other units into a structure that will be a finished building on a permanent foundation in a permanent location. A modular unit shall not be considered a manufactured home for the purpose of this ordinance.

MOTOR VEHICLE USE AREA. Any area, including, but not necessarily limited to, a street or parking lot, the main purpose of which is for the use of motorized vehicles.

MULTI-PHASED DEVELOPMENT. A development containing 25 acres or more that is submitted for development permit approval to occur in more than one phase and subject to a master development plan with committed elements showing the type and intensity of use of each phase.

NEIGHBORHOOD. A geographically localized community within a larger city, town, suburb, or rural area.

NONCONFORMING LOT OF RECORD. Any lot, existing on the effective date of these regulations which does not meet the minimum area or width requirements established in these regulations or any amendment thereto. A Planned Development (PD)/Planned Unit Development (PUD), when approved, establishes a new zoning with its own zoning standards as, for example, would be the case for a cluster development.

NONCONFORMING STRUCTURE. Any structure lawfully existing on the effective date of these regulations or on the effective date of any amendment thereto, which does not comply with these regulations or any amendment thereto, whichever might be applicable.

NONCONFORMING USE. Any use lawfully being made of any land, building, or structure on the effective date of these regulations or on the effective date of any amendment thereto rendering such use nonconforming, which does not comply with all of the provisions of these regulations or any amendment thereto, whichever might be applicable.

NURSERY. A commercial enterprise conducted on land where flowers, shrubs, and similar horticultural products are raised and sold to the general public. NURSERIES may include the use of greenhouses for growing purposes.

NURSING AND CONVALESCENT HOME. A licensed facility providing care for three or more sick, aged, or disabled persons not related by blood or marriage to the operator. NURSING HOMES are classified as “dependent” and/or “independent” living facilities depending upon the degree of support services on site.

OFFICE. A use or structure where business or professional services are conducted or rendered.

OPEN SPACE. An area of land or water that is open and unobstructed including areas maintained in a natural or undisturbed character. OPEN SPACE shall not include areas covered with buildings, structures, streets or off-street parking areas, but shall include landscaping associated with such parking areas. In order to be counted for purposes of “required open space”, said open space must be usable (i.e., unobstructed access and developable for active or passive recreation).

OUTDOOR SALES. The retail sale of any article, substance, or commodity located outside a retail establishment, where such goods are available for immediate purchase. Commercial nurseries and permanent garden centers attached to the main retail building are not included in the definition of OUTDOOR SALES, and are deemed to be part of the retail establishment. OUTDOOR SALES does not include outdoor seasonal sales.

OVERLAY DISTRICT. A special district that creates requirements in addition to the basic zoning requirements in a district, such as a highway corridor overlay district that imposes special landscaping requirements along a major road.

OWNER. Any full or part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety with legal title to the whole or to part of a structure or land.

PARAPET. A low, protective wall at the edge of a roof, terrace, or balcony, that rises above the roof.

PARCEL. Any quantity of land and/or water capable of being described in definitive terms with respect to its location and boundaries. It may be established as distinct from other parcels which are designated by its owner or developer as land to be used or developed as a unit, or which has been used or developed as a unit.

PARKS, ACTIVE (WITH RECREATIONAL FACILITIES). In addition to the uses set forth for parks that are generally passive, the additional uses may include indoor recreation facilities, playgrounds, ball fields, tennis courts, maintenance facilities, concessions, caretaker’s quarters, and the like.

PARKS, PASSIVE. Any land owned by the public and open for use by the general public for active (including playgrounds) or passive recreational purposes or as a refuge for wildlife.

PATIO. A level, surfaced area directly adjacent to a principal building. A PATIO shall not be any closer than five feet from any property line.

PENNANT. Any lightweight plastic, fabric, or other material whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to flutter or swing in the wind.

PERSON. An individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity.

PLANNED BUILDING GROUP. More than one primary structure on a single tract of land, under individual, corporate, firm, partnership, or association ownership, planned and developed as a group, in a single development operation or a definitely programmed series of development operations, and according to an approved preliminary site plan.

PLANNED UNIT DEVELOPMENT (PUD). An area of land under unified ownership (e.g., property owners’ association) that provides a diverse mixture of residential and/or nonresidential uses and structures that function as cohesive and unified projects in accordance with a master plan.

PLAT. A plat is a map of divisions of lands produced by a licensed engineer or surveyor. PLAT most commonly refers to maps produced to subdivide an area of land into saleable lots or parcels. The platting process creates individual lots or parcels out of existing lots or tracts. A preliminary plat may be a more detailed mapping of an approved site plan.

PLAT, FINAL. The final plat is a version of the plat ready for recording by the Registrar of Deeds. It may contain minor modification to the preliminary plat. The approval process typically evaluates completion of infrastructure, roads, and the like, and performance guarantees/bonds.

PLAT, PRELIMINARY. At a minimum the preliminary plat consists of a map, drawn to a scale specified in the subdivision control ordinance. The map includes the information required by the subdivision control ordinance, such as the location of roads, streets, utility lines, parks, storm drainage, sewer and water lines, and information about adjacent parcels A substantial amount of time and expense is involved with these maps. Often, the PRELIMINARY PLAT consists of a series of separate maps with the detailed information required by standards set in the local subdivision control ordinance. These maps may include a site plan, grading plan, utilities plan, drainage plan, planting plan and a map indicating street profiles and grades. Often it is helpful to require that the maps describe the existing conditions of the site and show the proposed conditions that will exist after the subdivision is completed. This allows the community to assess the impacts that the proposed development will have.

PREMISES. A parcel or lot of real property with a separate and distinct number or designation shown on a recorded plat, record of survey, parcel map, subdivision map, or a parcel legally created or established pursuant to applicable land use regulations. (Outparcels of shopping centers shall be considered on the premises of the shopping center for the purpose of these regulations.)

PRINCIPAL BUILDING OR STRUCTURE. A building or structure containing the principal use of the lot.

PRINCIPAL USE. The primary purpose or function that a lot, building, or structure serves or is proposed to serve.

PROGRESSIVE CARE FACILITY. A licensed multi-care facility including one or more buildings under unified management which provides for traditional residency and care of the elderly in a full range of living and care arrangements which includes at least two of the following: independent living and care, congregate care, or nursing care institutions.

PROPERTY. All real property subject to zoning regulations and restrictions and zone boundaries by the town.

PUBLIC HEARING. Types of public hearings. There are two types of public hearings, legislative and quasi-judicial, and it is important to understand the distinction between them.

• Legislative public hearings. The purpose of a legislative public hearing is to obtain public input on legislative decisions on matters of policy. Legislative public hearings are required by state law when a city or county addresses such matters as comprehensive land use plans or the annual or biennial budget. Legislative public hearings are generally less formal than quasi-judicial public hearings. They do not involve the legal rights of specific, private parties in a contested setting, but rather affect a wider range of citizens or perhaps the entire jurisdiction. The wisdom of legislative decisions reached as a result of such hearings is not second-guessed by the courts; if challenged, they are reviewed only to determine if they are constitutional or violate state law.

• Quasi-judicial evidentiary hearings, unlike legislative ones, involve the legal rights of specific parties, and the decisions made as a result of such hearings must be based upon and supported by the “record” developed at the hearing. Quasi-judicial hearings are subject to stricter procedural requirements than legislative hearings. Most quasi-judicial hearings held by local government bodies involve land use matters, including site specific rezones, appeals, variances, and special uses. In conducting such hearings, the statutory procedures provided in G.S. § 160D-406 shall be explicitly complied with.

QUARRY. An operation for the dredging, digging, extraction, mining, or quarrying of stone, sand, gravel, or minerals for commercial purposes.

QUASI-JUDICIAL DECISION. A decision involving the finding of facts regarding a specific application of a development regulation and that requires the exercise of discretion when applying the standards of the regulation. The term includes, but is not limited to, decisions involving variances, special use permits, and appeals of administrative determinations.

RECREATION. An activity undertaken by a person or persons for pleasure or relaxation rather than as work; for example: bicycle riding, swimming, golf, tennis, or bowling.

RECREATION FACILITY. A building, use, or facility where recreation programs are offered, including office space for the agency that owns or operates the facility, or a similar facility.

RELIGIOUS INSTITUTION. See HOUSES OF WORSHIP.

RESTAURANT (WITH DRIVE-THROUGH SERVICE). An establishment which serves prepared food and/or beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles, for consumption either on or off the premises.

RESTAURANT (WITHOUT DRIVE-THROUGH SERVICE). An establishment, which serves prepared food and beverages primarily to customers seated at tables or counters located within the building or designated outdoor seating areas. This includes cafes, tearooms, and outdoor cafes.

RETAIL USE. An activity the principal use or purpose of which is the sale of goods, products, or merchandise directly to the consumer.

REZONING. An action taken by the town to change the zoning status of a specific area located within the zoning jurisdiction of the town.

ROOF LINE. The highest point of a flat roof and mansard roof and the lowest point of a pitched roof, excluding any cupolas, chimneys, or other minor projections.

SCHOOLS. See ELEMENTARY AND SECONDARY SCHOOLS AND VOCATIONAL SCHOOLS.

SCREENING. A fence, wall, hedge, landscaping, earth berm, buffer area, or any combination of these provided to create a visual and/or physical separation between certain land uses. SCREENING may be located on the property line or elsewhere on the site.

SERVICE STATION, GASOLINE (ALSO SEE AUTOMOTIVE REPAIR). Any premises where gasoline and other petroleum products are sold and/or light maintenance activities such as engine tune- ups, lubrication, minor repairs, and carburetor cleaning are conducted. SERVICE STATIONS shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, and body fender work are conducted.

SETBACK. The minimum distance between a property line and a building or structure.

SEXUALLY ORIENTED BUSINESS. Any business, the primary purpose of which is to deal with sexually oriented products including, but not limited to, an adult bookstore, adult motion picture theatre, adult mini motion picture theatre, or adult live entertainment business as defined in this section, or massage business as defined in G.S. § 14-202.10(8).

A. ADULT BOOKSTORE.

1. A retail establishment that has:

a. As one of its principal business purposes the sale or rental of; or

b. A substantial or significant portion of its stock in trade for sale or rental: “Publications” which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to “specified anatomical areas”, as defined in G.S. § 14-202.10(10), or “specified sexual activities”, as defined in G.S. § 14-202.10(11); and/or “sexually oriented devices”, as defined in G.S. § 14-202.10(9).

2. As used in this definition, PUBLICATIONS include, by way of illustration, books, magazines, other periodicals, movies, videotapes, and other products offered in photographic, electronic, magnetic, digital, or other imaging medium.

3. Any of the following shall be indicia that an establishment has as one of its principal business purposes the sale or rental of:

a. The business advertises the sale or rental of adult publications and/or sexually oriented devices;

b. Access by persons under 18 years of age to the business establishment or portions of the business establishment is restricted;

c. Signs or notices are posted outside and/or inside the business establishment indicating that the material offered for sale or rental might be offensive; and

d. The building or portion of the building containing the business establishment does not have windows or has windows that are screened or otherwise obstructed or are situated in a manner that restricts visual access from outside the building to materials displayed within for sale or rental.

Such indicia shall be considered along with all other factors and available information.

4. Notwithstanding the foregoing, a general circulation video store that does not offer for sale any sexually oriented devices shall not constitute an “adult bookstore” even though it offers for sale and/or rental videotapes which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to “specified anatomical areas”, as defined in G.S. § 14-202.10(10), or “specified sexual activities”, as defined in G.S. § 14-202.10(11) so long as:

a. Such described videotapes are stocked and displayed in a room separate from the area of the business establishment where general circulation videotapes are stocked and displayed;

b. Access by persons under 18 years of age to the room where such described videotapes are stocked and displayed is restricted;

c. The square footage of the separate room where such described videotapes are stocked and displayed is no more than 10% of the square footage of the area where general circulation videotapes are stocked and displayed; and

d. The general circulation videotape portion of the business establishment offers a quantity and selection of new release general circulation videotapes that is typical of a general circulation video store and offers a quantity and selection of other general circulation videotapes that are organized and displayed in a manner that is typical of a general circulation video store.

B. ADULT LIVE ENTERTAINMENT BUSINESS. Any establishment or business that has as one of its principal business purposes the presentation of “adult live entertainment” for observation by patrons. ADULT LIVE ENTERTAINMENT means any performance of or involving the actual presence of real people that exhibits “specified sexual activities”, as defined in G.S. § 14-202.10(10), or “specified anatomical areas”, as defined in G.S. § 14-202.10.

C. ADULT MINI MOTION PICTURE THEATRE.

1. A commercial establishment with one or more “adult mini motion picture booths” where:

a. One of the principal business purposes is the presentation and viewing of still or motion pictures in the viewing booths that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to “specified anatomical areas”, as defined in G.S. § 14-202.10(10), or “specified sexual activities”, as defined in G.S. § 14-202.10(11); or

b. A substantial or significant portion of the stock of still or motion pictures available for viewing or that are actually viewed in the viewing booths are distinguished or characterized by their emphasis on matter depicting, describing, or relating to “specified anatomical areas”, as defined in G.S. § 14-202.10(10), or “specified sexual activities”, as defined in G.S. § 14-202.10(11).

2. Any of the following shall be indicia that the business establishment has as one of its principal business purposes the presentation and viewing in viewing booths motion pictures which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to “specified sexual activities”, as defined in G.S. § 14-202.10(10), or “specified anatomical areas”, as defined in G.S. § 14-202.10(11):

a. Restricted access to the business establishment or portions of the business establishment where viewing booths are located by persons under 18 years of age; and

b. Posted signs or notices outside and/or inside the business establishment indicating that the material offered for presentation and viewing in the viewing booths might be offensive. Such indicia shall be considered along with all other factors and available information.

3. ADULT MINI MOTION PICTURE BOOTH means any booth or partitioned area of less than 150 square feet in an adult mini motion picture theatre that is designed to hold patrons for the presentation and viewing of still or motion pictures (slides, film, videotape, laser disc, CD-ROM or other imaging media) that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to “specified anatomical areas”, as defined in G.S. § 14-202.10(10), or “specified sexual activities”, as defined in G.S. § 14-202.10(11).

D. ADULT MOTION PICTURE THEATRE. A commercial establishment that regularly presents motion pictures which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified anatomical areas”, as defined in G.S. § 14-202.10(10), or “specified sexual activities”, as defined in G.S. § 14-202.10(11), whether enclosed or not, of 150 square feet or greater, for observation by patrons therein.

SHOPPING CENTER. A group of two or more retail establishments or restaurants constructed and planned and developed with a unified design of buildings with associated outparcels and coordinated parking and service areas.

SHRUB, LARGE. An ornamental plant that is at least two feet tall above the highest root at the time of planting, which can be expected to grow to a five- to six-foot height when mature.

SIGN. Any object, device, or structure, or part thereof, situated outdoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. SIGNS do not include the flag or emblem of any nation, organization of nations, state, city, or any fraternal, religious, or civic organizations; works of art which in no way identify a product; or a scoreboard located on athletic fields.

A. BANNER. A sign intended to be hung either with or without a frame, possessing characters, letters, illustrations, or ornamentations applied to plastic or fabric of any kind, excluding flags and emblems of political, professional, religious, education, or corporate organizations.

B. BUSINESS SIGN. A sign that directs attention to a business, profession, or industry located on the premises where the sign is displayed; to type of products sold, manufactured, or assembled; and/or to services or entertainment offered on the premises.

C. CHANGEABLE COPY. Copy that is or can be changed manually in the field or through mechanical means (e.g., readerboards with changeable letters).

D. COMMERCIAL SIGN. Any object, device, or structure, or part thereof, situated outdoors which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including, but not limited to, words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images.

E. COPY. Any words, letters, numbers, figures, characters, symbols, logos, or insignia that are used on a sign display surface area.

F. DIRECTIONAL SIGN. A sign or guide to direct pedestrians or vehicular traffic on the premises on which it is displayed. Examples include “in”, “out”, “entrance”, and “exit”.

G. FLAG. A piece of durable fabric or other flexible material solely containing distinctive colors, patterns, standards, words, or emblems of any nation, organization of nations, state, or city, including, but not limited to, political jurisdictions such as the United States.

H. FREESTANDING. The general term for any sign that is supported from the ground and not attached to a building.

I. IDENTIFICATION SIGN. A sign that displays only the name, address, and/or crest, or insignia, trademark, occupation, or profession of an occupant or the name of any building on the premises.

J. ILLUMINATED SIGN. A sign either internally or externally lighted.

K. INCIDENTAL SIGN. A single face or double face non-illuminated professional sign attached wholly to a building, window, or door containing information relative to emergencies, store hours, credit cards honored, and similar accessory information.

L. KIOSK SIGN. A town or state provided informational sign providing directional, community facilities or community event information.

M. LOGO. A business trademark or symbol.

N. MONUMENT/GROUND MOUNTED SIGN. A freestanding sign which extends from the ground or which has a support that places the bottom of the sign less than two feet from the ground.

O. NONCOMMERCIAL COPY. A sign message through pictures, illustrations, symbols, and/or words, or any combination thereof, which does not contain any reference to a business or product but displays a substantive message, statement, or expression that is protected by the First Amendment to the Constitution of the United States.

P. NONCONFORMING SIGN. Any sign which was lawfully erected in compliance with applicable code provisions and maintained prior to the effective date of these regulations, and which fails to conform to all applicable standards and restrictions of these regulations.

Q. OFF-PREMISES SIGN. A sign that directs attention to a business commodity, service, or establishment conducted, sold, or offered at a location other than the premises on which the sign is erected.

R. ON-PREMISES SIGN. A sign that directs attention to a business commodity, service, or establishment conducted, sold, or offered on the premises on which the sign is erected.

S. OUTDOOR ADVERTISING STRUCTURE. A sign or billboard designed to carry outdoor advertising, including all free standing, off-premises signs.

T. PARAPET. The portion of a building wall or false front that extends above the roofline.

U. PORTABLE SIGN. A sign that is not permanently attached to the ground or a structure or a building that can easily be moved from one location to another and used for a temporary purpose.

V. SIGN STRUCTURE OR SUPPORT. Any structure that supports or is capable of supporting a sign, including decorative cover.

W. TEMPORARY SIGN. A sign which is not permanently installed in the ground or affixed to any structure or building, and which is erected for a period of time as permitted in this ordinance.

X. WALL SIGN. Any sign directly attached to an exterior wall of a building or dependent upon a building for its support with its exposed face parallel or approximately parallel to the plane of the building or structure on which the sign is affixed. Signs directly painted on walls, canopy signs, and awning signs shall be considered wall signs. WALL SIGNS shall not extend above the eave line of the building.

SITE PLAN. A development plan, drawn to scale, accurately indicating how the intended use of the land complies with the applicable development regulations of this ordinance. A SITE PLAN is usually required for commercial, industrial, multi-family, and planned unit development projects. SITE PLANS may also be used to initiate single-family residential subdivision projects, expansion or modifications of existing developments, and the like.

SITE-SPECIFIC VESTING PLAN. A site-specific vesting plan consists of a plan submitted to the town in which the applicant requests vesting pursuant to this UDO and in accordance with the required procedure for approval, describing with reasonable certainty on the plan the type and intensity of use for a specific parcel or parcels of property.

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 that judgment and discretion be exercised as well as compliance with specific standards. The term includes permits previously referred to as conditional use permits or special exceptions.

STREET, PUBLIC. A public right-of-way or fee simple tract of land not less than 20 feet in width, set aside for public travel, which has been accepted by or offered for maintenance by the town or the State of North Carolina, has been established as a public street prior to the effective date of these regulations, or has been dedicated or offered for dedication to the Town of St. James or the State of North Carolina for public travel by the recording of a subdivision plat. PUBLIC STREETS shall also include PRIVATE STREETS defined as an interior circulation road designed and constructed to carry vehicular traffic from public streets within or adjoining a site to private residences or land uses, to parking and service areas and which is not maintained by the public.

STRUCTURE. Anything constructed, installed, or portable, the use of which requires a location on a parcel of land. This includes a fixed or movable building that can be used for residential, business, commercial, agricultural, or office purposes, either temporarily or permanently. STRUCTURE also includes, but is not limited to, swimming pools, tennis courts, signs, cisterns, sewage treatment plants, sheds, docks, mooring areas, and other accessory construction.

SUBDIVISION. Divisions of a tract or parcel of land into two or more lots, building sites, or other divisions when any one or more of those divisions is created for the purpose of sale or building development (whether immediate or future) and shall include all divisions of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition nor be subject to the regulations authorized by this part:

(1) The 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 the municipality as shown in its subdivision regulations;

(2) The division of land into parcels greater than ten acres where no street right-of-way dedication is involved;

(3) The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors;

(4) The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the municipality, as shown in its subdivision regulations; and

(5) A city may provide for expedited review of specified classes of subdivisions. (Copied from NC statute)

SUBDIVISION, MAJOR. All other divisions of land subdivisions that do not qualify as a minor subdivision.

SUBDIVISION, MINOR. A minor subdivision is any subdivision activity that creates no more than ten lots (including the original lot) or involves the platting of no more than ten residential units and conforms to the minor subdivision regulations and requirements of this ordinance.

SUBDIVISION, MINOR EXPEDITED. The division of one existing parcel of land under single ownership that is not exempt per G.S. § 160D-802(a); (1) where no part of the tract or parcel to be divided has been divided in the ten years prior to the proposed division; (2) the entire area of the tract or parcel to be divided is greater than five acres; (3) after division, no more than three lots result from the division and all resultant lots comply with all lot dimension size requirements of the applicable zoning district and the use of the lots is in conformity with the applicable zoning district; and (4) a permanent means of ingress and egress is recorded for each.

TEMPORARY. An event, structure, or use that exists for a limited period of time.

THOROUGHFARE PLAN. The most recent map approved by Brunswick County and/or the Town of St. James which indicates the system of roads expected to serve major access and travel needs with regard to auto, truck and transit transportation. The words THOROUGHFARE PLAN and ARTERIAL STREET PLAN may be used interchangeably.

TOWN COUNCIL. The governing body of the Town of St. James.

TREE, CANOPY. A tree, either single- or multi-stemmed (in clump form), which has a height of at least ten feet and is of a species which, at maturity, can be expected to reach a height in excess of 40 feet under normal growing conditions in the local climate.

TREE, MATURE. A tree, either single- or multi-stemmed (in clump form), which has a height of at least eight feet. If the tree is single-stemmed, it shall have a caliper of at least two and one-half inches at the time of planting measured six inches up from the highest root of the tree.

TREE, MONUMENTAL. Any tree in fair or better condition which equals or exceeds the following diameter sizes:

A. 12” DBH - Large hardwoods such as live oaks;

B. 18x” DBH - Large softwoods such as pines; and

C. 4” DBH - Small ornamental trees such as dogwoods or a lesser-sized tree if it is a rare or unusual species, of exceptional or unique quality, or of historical significance.

TREE, PROTECTED. A protected tree is defined as:

A. Any single trunk tree 38 inches or greater in circumference; or

B. Any multi-trunk tree which has at least one trunk 38 inches or greater in circumference or where the measurements of the multi-trunks added together equal at least 113 inches. The circumference of the tree is measured four feet above the ground.

TREE, UNDERSTORY. A tree, either single- or multi-stemmed (in clump form), which has a height of at least five feet and is of a species which, at maturity, can be expected to reach a height of ten to 40 feet under normal growing conditions in the local climate.

TREE STANDS, MONUMENTAL. A contiguous grouping of trees which has been determined to be of high value in the opinion of the UDO Administrator based upon meeting one or more of the following criteria:

A. A relatively mature, even-aged stand;

B. A stand with purity of species composition or of a rare or unusual nature;

C. A stand of historical significance; and

D. A stand with exceptional aesthetic quality.

UDO ADMINISTRATOR. A person, or his or her designee, appointed by the Town Administrator and/or Town Council to administer the regulations contained in this ordinance.

VARIANCE. Relief granted by the Town Council from the requirements of this ordinance.

VESTED RIGHT. The right to undertake and complete the development and use of property under the terms and conditions of an approved site-specific vesting plan.

VOCATIONAL SCHOOL. A use, whether privately owned or publicly owned, that trains persons in specific trades or occupations.

WAREHOUSE. A building that provides indoor storage of goods, materials, or merchandise for shipment to or processing on another property.

WETLAND. Those areas regulated under § 404 of the Clean Water Act as identified under guidelines employed by the United States Army Corps of Engineers in evaluating permit applications under 33 U.S.C. § 1344 and applicable federal regulations or those areas regulated under the North Carolina Coastal Area Management Act. These may include ecologically sensitive lands, such as marshes, Carolina Bays, pocosins, and swamps.

WHOLESALE USES. An activity, the principal use or purpose of which is the sale of goods, products, or merchandise stored on the premises to persons who are intermediaries between the producer and the consumer.

Reserved

YARD. Any area of land located between a lot line and a required setback line. The minimum depth of a yard shall be determined by horizontal measurement at a right angle from the applicable lot line.

YARD, FRONT. The yard extending across the full width of the lot and lying between the front lot line and the front line of the principal structure as required in this ordinance.

YARD, REAR. The yard extending across the full width of the lot and lying between the rear lot line and the rear line of the principal structure as required in this ordinance.

YARD, SIDE. The yard extending along the length of the lot between the required front yard and the required rear yard, and between the side lot line and the side line, as required in this ordinance, provided that the side lot line is not adjacent to a public street right-of-way.

Reserved

(Ord. passed 2-3-2021)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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