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§ 1.10 IDENTIFICATION OF OFFICIAL ZONING MAP.
   1.10.1   The zoning map shall be identified by the signature of the Mayor attested by the Town Clerk and bearing the seal of the town under the following words: “This is to certify that this is the Official Zoning Map of the Unified Development Ordinance, St. James , North Carolina”, together with the date of the adoption of this Ordinance. Zoning maps that are so adopted shall be maintained for public inspection in the office of the UDO Administrator. The maps may be in paper or a digital format.
   1.10.2   If, in accordance with the provisions of this ordinance, changes are made in district boundaries or other matter portrayed on the zoning map, such changes shall be entered on the zoning map promptly after the amendment has been approved by the Town Council, with an entry on the zoning map denoting the date of amendment, description of amendment, and signed by the Town Clerk. No amendment to this ordinance which involves matter portrayed on the zoning map shall become effective until after such change and entry has been made on said map.
   1.10.3   When the zoning map is officially replaced, unless the prior map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved together with all available records pertaining to its adoption or amendment. Copies of the zoning district map may be reproduced by any method of reproduction that gives legible and permanent copies and, when certified by the Town Clerk in accordance with G.S. § 160A-79, shall be admissible into evidence and shall have the same force and effect as would the original map.
(Ord. passed 2-3-2021)
§ 1.11 ZONING MAP INTERPRETATION.
   Where uncertainty exists as to the boundaries of any district shown on the official zoning map, the UDO Administrator shall employ the following rules of interpretation.
   1.11.1   Centerline. Where a boundary line lies within and follows a street or alley right-of-way, or utility easement, the boundary shall be construed to be in the center of such street or alley right-of- way, or utility easement. If such a street or alley right-of-way, or utility easement forming the boundary between two separate zoning districts is abandoned or removed from dedication, the district boundaries shall be construed as following the centerline of the abandoned or vacated road bed or utility easement.
   1.11.2   Edge line. Where a boundary line follows the edge of a street or alley right-of-way, or utility easement, the boundary shall be construed to be on the edge of such street or alley right-of-way, or utility easement. If such a street or alley right-of-way, or utility easement forming the boundary between two separate zoning districts is abandoned or removed from dedication, the district boundaries shall be construed as following the edge of the abandoned or vacated road bed or utility easement.
   1.11.3   Lot line. Boundaries indicated as approximately following lot lines shall be construed as following such lot lines. In the event that a district boundary line divides a lot or tract, each part of the lot or tract so divided shall be used in conformity with the regulations established by this ordinance for the district in which said part is located.
   1.11.4   Town limits. Boundaries indicated as approximately following town limits shall be construed as following the town limits.
   1.11.5   Watercourses. Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines.
   1.11.6   Extensions. Boundaries indicated as parallel to or extensions of street or alley rights-of-way, utility easements, lot lines, town limits, county lines, or extraterritorial boundaries shall be so construed.
   1.11.7   Scaling. In the case where a district boundary does not coincide with any boundary lines as above and no distances are described by specific ordinance, the boundary shall be determined by the use of the scale appearing on the map.
   1.11.8   Authority. Appeal of the UDO Administrator’s determination of zoning district boundaries shall be to the Board of Adjustment.
(Ord. passed 2-3-2021)
§ 1.12 INTERPRETING PERMITTED USES.
   Uses that are prohibited in a zoning district are indicated by a blank in the table. The uses listed may not address all possible uses. In determining if a use is permitted, the UDO Administrator shall consider which category of expressed uses most closely matches the use proposed and apply the regulations pertaining to that category to the proposed use. In determining the use which most closely matches the proposed use, the UDO Administrator shall consider the density and intensity of the use, and anticipated traffic, noise, light, and odor on adjacent properties. If requested, the applicant shall submit evidence to the Administrator of the anticipated traffic, noise, light, or odor of the proposed use. Reports prepared by the applicable professional trade may be required (i.e., transportation engineer, environmental scientist, and the like). Such interpretation shall be provided in writing to the property owner or applicant and subject to appeal by the Board of Adjustment.
(Ord. passed 2-3-2021)
§ 1.13 EXEMPTIONS.
   1.13.1   The provisions of this ordinance shall not apply to existing bona fide farms. A bona fide farm is any tract of land containing at least three acres which is used for the production of or activities relating to, or incidental to, the production of crops, fruit, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agricultural or forest products having a domestic or foreign market.
   1.13.2   For bona fide farms, this ordinance does not exercise any controls over crop lands, timber lands, pasture lands, idle or other farm lands, nor over any farm house, barn, poultry house, or other farm buildings, including tenant or other houses for persons working on said farms, as long as such houses shall be in the same ownership as the farm and located on the farm. Such agricultural uses maintain the openness of the land and achieve the purposes of this ordinance without the need for regulation. Residences for non-farm use or occupancy and other non-farm uses shall be subject to the provisions of this ordinance.
   1.13.3   In accordance with G.S. § 160D-913, the town UDO applies to state-owned lands only when a building is involved.
(Ord. passed 2-3-2021)
§ 1.14 EFFECTIVE DATE.
   This ordinance shall become effective on November 1, 2007. See table of text amendments for effective dates of subsequent amendments.
(Ord. passed 2-3-2021)
ARTICLE 2
GENERAL PROVISIONS
§ 2.1 APPLICABILITY OF GENERAL REGULATIONS.
   The following general regulations of this Article shall apply in all situations unless otherwise indicated.
(Ord. passed 2-3-2021)
§ 2.2 CONFORMITY REQUIRED.
   No person may use, occupy, or sell any land, structure, or building or authorize or allow the use, occupancy, or sale of any land, structure, or building under his or her control except in accordance with all of the applicable provisions of this ordinance. For the purpose of this ordinance, the use or occupancy of structures and buildings shall relate to anything and everything that is done to, on, or in the land, structures, or buildings.
(Ord. passed 2-3-2021)
§ 2.3 ONE PRINCIPAL BUILDING PER LOT; EXCEPTIONS.
   Only one principal building and its customary accessory building(s) may be erected on any lot, except that multiple buildings may be erected on a single lot as permitted by use and district regulations.
(Ord. passed 2-3-2021)
§ 2.4 LOT SIZE.
   No building lot (development site), even though it may consist of one or more adjacent lots of record, shall be reduced in size such that the requirements of this ordinance cannot be met, or the performance standards for building design cannot be respected. This prohibition shall not be construed to prevent the purchase, dedication, or condemnation of narrow strips of land for public utilities or street or sidewalk right-of-way purposes.
(Ord. passed 2-3-2021)
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