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St. James Overview
St. James, NC Code of Ordinances
ST. JAMES, NORTH CAROLINA CODE OF ORDINANCES
CHARTER
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
CHAPTER 150: FLOOD DAMAGE PREVENTION
APPENDIX A: UNIFIED DEVELOPMENT ORDINANCE
ARTICLE 1 PURPOSE AND APPLICABILITY
ARTICLE 2 GENERAL PROVISIONS
ARTICLE 3 DECISION MAKING AND ADMINISTRATIVE BODIES
ARTICLE 4 REVIEW PROCEDURES
ARTICLE 5 NONCONFORMITIES
ARTICLE 6 ENFORCEMENT
ARTICLE 7 ZONING DISTRICTS
ARTICLE 8 PRESCRIBED CONDITIONS WITH SUPPLEMENTAL DEVELOPMENT STANDARDS FOR CERTAIN USES
§ 8.1 STATEMENT OF INTENT.
§ 8.2 ACCESSORY DWELLING UNITS.
§ 8.3 AMBULANCE SERVICES
§ 8.4 AMUSEMENT PARKS, WATER PARKS, AND FAIRGROUNDS.
§ 8.5 ATHLETIC FIELDS.
§ 8.6 AUTOMATIC TELLER MACHINE (ATM FREESTANDING).
§ 8.7 AUTOMOBILE RENTING OR LEASING.
§ 8.8 AUTOMOBILE AND TRUCK REPAIR.
§ 8.9 AUTOMOBILE TOWING SERVICE.
§ 8.10 AUDITORIUMS/COMMUNITY CENTER.
§ 8.11 BANKS AND CREDIT UNIONS.
§ 8.12 BARS.
§ 8.13 BATTING CAGES.
§ 8.14 BED AND BREAKFAST.
§ 8.15 BINGO HALLS.
§ 8.16 BOAT REPAIR.
§ 8.17 BOAT SALES.
§ 8.18 BODY PIERCING.
§ 8.19 BOWLING CENTERS.
§ 8.20 BULK MAIL AND PACKAGING FACILITIES.
§ 8.21 BUS TERMINALS.
§ 8.22 CAR AND TRUCK WASHES.
§ 8.23 CEMETERIES/MAUSOLEUMS.
§ 8.24 COFFEE SHOP.
§ 8.25 COMMUNICATIONS AND BROADCASTING FACILITIES.
§ 8.26 CONGREGATE CARE FACILITIES.
§ 8.27 CONVENIENCE STORES WITH GASOLINE.
§ 8.28 DANCE SCHOOLS.
§ 8.29 DAY CARE CENTERS, VARIOUS TYPES OF.
§ 8.30 DRIVE-THROUGH FACILITIES.
§ 8.31 DRUG STORES.
§ 8.32 ELEMENTARY OR SECONDARY SCHOOLS.
§ 8.33 EMERGENCY SHELTERS.
§ 8.34 EQUIPMENT RENTAL AND LEASING.
§ 8.35 EQUIPMENT REPAIR (LIGHT).
§ 8.36 FAMILY CARE HOMES.
§ 8.37 FIRE/EMS STATIONS.
§ 8.38 FLEA AND FARMER MARKETS.
§ 8.39 FRATERNAL CLUBS AND LODGES.
§ 8.40 FRATERNITY AND SORORITIES.
§ 8.41 FUEL OIL AND PROPANE SALES.
§ 8.42 FUNERAL HOMES WITH CREMATORIUM.
§ 8.43 GO-CART RACETRACKS.
§ 8.44 GOLF COURSES.
§ 8.45 GOLF COURSES, MINIATURE.
§ 8.46 GOLF DRIVING RANGES.
§ 8.47 GOVERNMENT OFFICES.
§ 8.48 GROUP CARE FACILITIES.
§ 8.49 HOME OCCUPATIONS (CUSTOMARY).
§ 8.50 HOTELS, MOTELS, AND TIME SHARES.
§ 8.51 HOUSES OF WORSHIP.
§ 8.52 KENNELS.
§ 8.53 LANDSCAPING SERVICES.
§ 8.54 LAUNDROMATS.
§ 8.55 LAUNDRY AND DRY CLEANING ESTABLISHMENTS.
§ 8.56 LIBRARIES.
§ 8.57 MANUFACTURED HOMES.
§ 8.58 MANUFACTURING AND INDUSTRIAL USES.
§ 8.59 MARINAS WITHOUT DRY STORAGE.
§ 8.60 MARINAS WITH DRY STORAGE.
§ 8.61 MARTIAL ARTS SCHOOLS.
§ 8.62 MOTOR VEHICLE SALES.
§ 8.63 MOTORCYCLE SALES.
§ 8.64 MOVING AND STORAGE SERVICES.
§ 8.65 OFFICE USES NOT OTHERWISE CLASSIFIED.
§ 8.66 OUTDOOR STORAGE.
§ 8.67 PAWN SHOPS.
§ 8.68 PET STORES.
§ 8.69 PHYSICAL FITNESS CENTERS.
§ 8.70 PRIVATE CLUBS OR RECREATIONAL FACILITIES.
§ 8.71 PROGRESSIVE CARE FACILITIES.
§ 8.72 PARKS, PASSIVE.
§ 8.73 PARKS, ACTIVE WITH RECREATIONAL FACILITIES.
§ 8.74 PARKS, COMMUNITY GARDENS.
§ 8.75 PARKS, DOG PARK CONDITIONS.
§ 8.76 RESEARCH, DEVELOPMENT, OR TESTING SERVICES.
§ 8.77 RESTAURANTS.
§ 8.78 SATELLITE DISHES, TV, AND RADIO ANTENNAS (ACCESSORY).
§ 8.79 SEASONAL AGRICULTURAL PRODUCT SALES (30 DAY MAXIMUM).
§ 8.80 SELF STORAGE FACILITIES.
§ 8.81 SERVICE STATIONS, GASOLINE.
§ 8.82 SEXUALLY ORIENTED BUSINESS.
§ 8.83 SKATING RINKS.
§ 8.84 SOLAR ENERGY.
§ 8.85 SPECIALTY BEVERAGES.
§ 8.86 SPECIALTY FOOD STORES.
§ 8.87 SWIM CLUBS.
§ 8.88 SWIMMING POOLS.
§ 8.89 TATTOO ESTABLISHMENTS.
§ 8.90 TAXIDERMISTS.
§ 8.91 TEMPORARY OUTDOOR EVENTS (TWO WEEK MAXIMUM).
§ 8.92 TENNIS CLUBS.
§ 8.93 THEATERS.
§ 8.94 TIRE SALES.
§ 8.95 UTILITY EQUIPMENT AND STORAGE YARDS.
§ 8.96 VETERINARY SERVICES.
§ 8.97 VOCATIONAL SCHOOLS.
§ 8.98 WAREHOUSES.
§ 8.99 WATER TREATMENT PLANTS.
§ 8.100 WHOLESALE TRADE (RESERVED).
§ 8.101 WIRELESS TELECOMMUNICATION FACILITIES.
§ 8.102 YARD SALES.
ARTICLE 9 DESIGN AND PERFORMANCE STANDARDS
ARTICLE 10 LANDSCAPING, BUFFERING, SCREENING, AND TREE PROTECTION
ARTICLE 11 SIGNS
ARTICLE 12 SUBDIVISION STANDARDS
ARTICLE 13 STORMWATER CONTROL
ARTICLE 14 TEMPORARY USES AND STRUCTURES
ARTICLE 15 LIGHTING
ARTICLE 16 ELECTRIC
APPENDIX I DEFINITIONS
APPENDIX II PLANT/VEGETATION LIST
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
Comprehensive Ordinance Table
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§ 8.26 CONGREGATE CARE FACILITIES.
   8.26.1   Buildings will be located on a site that is at least four acres.
   8.26.2   The building architecture will complement that of the underlining zoning district.
   8.26.3   Outdoor recreation areas shall be located behind the front building(s) line in the side yard or rear yard only.
   8.26.4   All outdoor recreation areas shall be surrounded by a fence or wall at least four feet in height that is constructed in a manner that provides maximum safety.
   8.26.5   Outdoor activities are permitted only in the fenced area between the hours of 8:00 a.m. and 9:00 p.m.
   8.26.6   A congregate care facility may not be located within one-half mile of another congregate care facility, family care home, day care, or group care facility.
(Ord. passed 2-3-2021)
§ 8.27 CONVENIENCE STORES WITH GASOLINE.
   8.27.1   There shall be no more than 3,000 square feet of gross floor area in an establishment.
   8.27.2   Outside storage of materials is prohibited.
   8.27.3   There shall be not more than two gasoline service islands containing no more than four gasoline pumps per island.
   8.27.4   Adequate provision shall be made for ventilation and the dispersion and removal of fumes, and for the removal of hazardous chemicals and fluids.
   8.27.5   Hours of operation shall be no earlier than 6:00 a.m. and no later than 10:00 p.m. when the use abuts a legal, conforming residential use or a lot that is zoned residential.
   8.27.6   Payphones are not permitted on the exterior of the building.
(Ord. passed 2-3-2021)
§ 8.28 DANCE SCHOOLS.
   8.28.1   Hours of operation shall be no earlier than 9:00 a.m. and no later than 10:00 p.m.
(Ord. passed 2-3-2021)
§ 8.29 DAY CARE CENTERS, VARIOUS TYPES OF.
   8.29.1   Day care centers for adults (29 persons or less).
      A.    Outdoor recreation areas shall be located behind the front building line in the side yard or rear yard only.
      B.   All outdoor recreation areas shall be surrounded by a fence or wall at least four feet in height that is constructed in a manner that provides maximum safety.
      C.   Outdoor activities are permitted only in the fenced area between the hours of 8:00 a.m. and 9:00 p.m.
      D.   At least one off-street passenger loading/unloading space separate from required parking shall be provided. An adequate on-site turnaround area shall be provided for all loading, unloading, and parking spaces.
      E.   Care shall not be provided on a 24-hour basis.
      F.   A day care center may not be located within one-half mile of another family care home, day care, or group care facility.
   8.29.2   Day care centers for adults (30 persons or more).
      A.   Outdoor play and/or recreation areas shall be located behind the front building line in the side yard or rear yard only.
      B.   The minimum lot size shall be two acres.
      C.   All outdoor recreation areas shall be surrounded by a fence or wall at least four feet in height that is constructed in a manner that provides maximum safety.
      D.   Outdoor activities are permitted only in the fenced area between the hours of 8:00 a.m. and 9:00 p.m.
      E.   One off-street passenger loading/unloading space for every 20 adults separate from required parking shall be provided. An adequate on-site turnaround area shall be provided for all loading, unloading, and parking spaces.
      F.   Care shall not be provided on a 24-hour basis.
      G.   Accessory structures shall be arranged to provide for adequate on-site vehicular and pedestrian traffic.
      H.   A day care center may not be located within one-half mile of another family care home, day care, or group care facility.
   8.29.3   Day care center for children (30 or more).
      A.   Outdoor play and/or recreation areas shall be located behind the front building line in the side yard or rear yard only.
      B.   The minimum lot size shall be two acres.
      C.   All outdoor play and recreation areas shall be surrounded by a fence or wall at least four feet in height that is constructed in a manner that provides maximum safety.
      D.   Outdoor activities are permitted only in the fenced area between the hours of 8:00 a.m. and 9:00 p.m.
      E.   One off-street passenger loading/unloading space for every 20 children separate from required parking shall be provided. An adequate on-site turnaround area shall be provided for all loading, unloading, and parking spaces.
      F.   Care shall not be provided on a 24-hour basis.
      G.   Accessory structures shall be arranged to provide for adequate on-site vehicular and pedestrian traffic.
      H.   A day care center may not be located within one-half mile of another family care home, day care, or group care facility.
   8.29.4   Day care centers for children (29 persons or less).
      A.   Outdoor play and/or recreation areas shall be located behind the front building line in the side yard or rear yard only.
      B.   All outdoor play and recreation areas shall be surrounded by a fence or wall at least four feet in height that is constructed in a manner that provides maximum safety.
      C.   Outdoor activities are permitted only in the fenced area between the hours of 8:00 a.m. and 9:00 p.m.
      D.   At least one off-street passenger loading/unloading space separate from required parking shall be provided. An adequate on-site turnaround area shall be provided for all loading, unloading, and parking spaces.
      E.   Care shall not be provided on a 24-hour basis.
      F.   Accessory structures shall be arranged to provide for adequate on-site vehicular and pedestrian traffic.
      G.   A day care center may not be located within one-half mile of another family care home, day care, or group care facility.
   8.29.5   Day care homes for adults (five persons or less - home occupation).
      A.   Outdoor recreation areas shall be located behind the front building line in the side yard or rear yard only.
      B.   All outdoor recreation areas shall be surrounded by a fence or wall at least four feet in height that is constructed in a manner that provides maximum safety.
      C.   Outdoor activities are permitted only in the fenced area between the hours of 8:00 a.m. and 9:00 p.m.
      D.   A day care home must be clearly incidental to the residential use of the dwelling and must not change the essential residential character of the dwelling. All building and lot standards for the residential dwelling shall be maintained.
      E.   Care shall not be provided on a 24-hour basis.
      F.   The facility shall be staffed by persons residing in the dwelling in which the day care is located except that one nonresident may also work at the day care center.
      G.   The day care shall be located in a structure originally constructed as and designed for a single-family dwelling that shall be the principal structure on the lot. The structure shall not be altered in any manner which diminishes its value as a single-family dwelling or which changes its exterior residential character.
      H.   The owners of the day care home shall reside on the premises.
      I.   A day care center may not be located within one-half mile of another family care home, day care, or group care facility.
   8.29.6   Day care centers for children (five persons or less home occupation).
      A.   Outdoor play and/or recreation areas shall be located behind the front building line in the side yard or rear yard only.
      B.   All outdoor play and recreation areas shall be surrounded by a fence or wall at least four feet in height that is constructed in a manner that provides maximum safety.
      C.   Outdoor activities are permitted only in the fenced area between the hours of 8:00 a.m. and 9:00 p.m.
      D.   A day care home must be clearly incidental to the residential use of the dwelling and must not change the essential residential character of the dwelling. All building and lot standards for the residential dwelling shall be maintained.
      E.   Care shall not be provided on a 24-hour basis.
      F.   The facility shall be staffed by persons residing in the dwelling in which the day care is located except one nonresident may also work at the day care center.
      G.   The day care shall be located in a structure originally constructed as and designed for a single-family dwelling that shall be the principal structure on the lot. The structure shall not be altered in any manner which diminishes its value as a single-family dwelling or which changes its exterior residential character.
      H.   The owners of the day care home shall reside on the premises.
      I.   A day care center may not be located within one-half mile of another family care home, day care, or group care facility.
(Ord. passed 2-3-2021)
§ 8.30 DRIVE-THROUGH FACILITIES.
   8.30.1   The primary presence along the major street frontage should be the building, not the drive- through aisle, parking lot, or menu board.
   8.30.2   Where no street separates the use and a residentially zoned property, at least 40 feet of separation shall be maintained between the residential lot line and the drive-through facility.
   8.30.3   The location of drive-through windows and associated facilities (for example: communications systems and access aisles) shall be identified on all site plans. Drive-through menu signs shall be identified in all site plans.
   8.30.4   Any speaker systems associated with a drive-through facility shall be designed and located so as not to adversely affect adjacent uses.
   8.30.5   Drive-through alleys between the right-of-way of a roadway and a building shall require a parking buffer pursuant to Article 9 if the drive-through alley is within 50 feet of, and visible from, the roadway. Such buffer shall be installed and maintained along the entire length of the drive-through alley and the adjacent roadway.
   8.30.6   Vehicle stacking areas shall be provided in accordance with Article 9; Vehicle Stacking Areas.
(Ord. passed 2-3-2021)
§ 8.31 DRUG STORES.
   8.31.1   Drive-throughs will be permitted as a separate use.
(Ord. passed 2-3-2021)
§ 8.32 ELEMENTARY OR SECONDARY SCHOOLS.
   8.32.1   All elementary and secondary schools shall have primary access through a thoroughfare street or arterial road.
   8.32.2   An elementary or secondary school shall be located on a minimum of three acres.
   8.32.3   All outdoor recreation areas shall be surrounded by a fence or wall at least four feet in height that is constructed in a manner that provides maximum safety.
(Ord. passed 2-3-2021)
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