Unified Development Ordinance-2003

VILLAGE OF SAINT HELENA
UNIFIED DEVELOPMENT ORDINANCE
Adopted by the Saint Helena Village Council: August 19, 2003
Prepared By:
Holland Consulting Planners, Inc.
Wilmington, North Carolina
The preparation of this document was financed in part through a grant provided by the North Carolina
Coastal Management Program, through funds provided by the Coastal Zone Management Act of 1972, as
amended, which is administered by the Office of Ocean and Coastal Resource Management, National
Oceanic and Atmospheric Administration.

VILLAGE OF SAINT HELENA
UNIFIED DEVELOPMENT ORDINANCE
Adopted by the Saint Helena Village Council: August 19, 2003
Prepared By:
Holland Consulting Planners, Inc.
Wilmington, North Carolina
The preparation of this document was financed in part through a grant provided by the North Carolina
Coastal Management Program, through funds provided by the Coastal Zone Management Act of 1972, as
amended, which is administered by the Office of Ocean and Coastal Resource Management, National
Oceanic and Atmospheric Administration.

VILLAGE OF SAINT HELENA
UNIFIED DEVELOPMENT ORDINANCE
TABLE OF CONTENTS
PAGE
ARTICLE 1. INTRODUCTION ................................................. 1
Section 1-1: Authority ......................................................1
Section 1-2: Title.......................................................... 1
Section 1-3: Purpose.......................................................1
Section 1-4: Intent.........................................................1
Section 1-5: Relationship to Existing Zoning and Subdivision Ordinances .............. 2
Section 1-6: Compliance with Official Plans ...................................... 2
Section 1-7: No Use or Sale of Land or Buildings Except
in Conformity with Ordinance Provisions ............................. 2
Sectionl-8: Fees..........................................................2
Section 1-9: Computation of Time ............................................. 3
ARTICLE 2. GENERAL PROVISIONS ............................................ 4
Section 2-1: Introduction.................................................... 4
Section 2-2: jurisdiction.................................................... 4
Section 2-3: Building Inspector ............................................... 4
Section 2-4: Zoning Permit..................................................4
Section 2-5: Application of District Regulations .................................. 5
Section 2-6: Only One Principal Building Permitted on One Lot ...................... 7
Section 2-7: Provision for Official Zoning Map ................................... 7
Section 2-8: Replacement of Official Zoning Map ................................. 7
Section 2-9: Rules of Interpretation of District Boundaries .......................... 7
ARTICLE 3. BASIC DEFINITIONS AND INTERPRETATIONS ........................... 9
Section 3-1: Word Interpretation ............................................. 9
Section 3-2: Definitions of Basic Terms ........................................ 10
ARTICLE 4.
ADMINISTRATION AND ENFORCEMENT .............................
28
Section 4-1:
Administration and Enforcement ...................................
28
Section 4-2:
Building Permits Requirements ....................................
28
Section 4-3:
Application for Building Permit ....................................
28
Section 4-4:
Expiration of Building Permit ......................................
29
Section 4-5:
Building Permit for New or Altered Uses .............................
29
Section 4-6:
Construction and Use to be as Stated on Building Permits ...............
29
Section 4-7:
Right of Appeal ................................................
30
Section 4-8:
Certificate of Occupancy .........................................
30
Section 4-9:
Duties of Building Inspector, Board of Adjustment, Courts,
and Village Council as to Matters of Appeal ..........................
30

PAGE
Section 4-10: Protest Vote Requirement ........................................ 31
ARTICLE 5. BOARD OF ADJUSTMENT ......................................... 32
Section 5-1: Creating the Board of Adjustment .................................. 32
Section 5-2: Meetings.....................................................32
Section 5-3: Filing and Notice for an Appeal .................................... 32
Section 5-4: Powers and Duties .............................................. 33
Section 5-5: Appeal from the Board of Adjustment ............................... 34
ARTICLE 6. AMENDMENTS ................................................. 35
Section 6-1: Amending the Ordinance ......................................... 35
Section 6-2: Action by the Planning Board ...................................... 35
Section 6-3: Action by the Village Council ...................................... 35
Section 6-4: Resubmission of a Denial Petition .................................. 36
ARTICLE 7.
LEGAL PROVISIONS ............................................
37
Section 7-1:
Provisions of Ordinance Declared to be Minimum Requirements ..........
37
Section 7-2:
Complaints Regarding Violations ...................................
37
Section 7-3:
Penalties for Violation (NCGS 160A-175) .............................
37
Section 7-4:
Approval of Pender County Board of Health ..........................
39
Section 7-5:
Variances.....................................................39
Section 7-6:
Registration of Ordinance and Plats .................................
39
Section 7-7:
Separability and Non -Liability .....................................
40
Section 7-8:
Effective Date .................................................
40
ARTICLE 8.
NONCONFORMING SITUATIONS ...................................
41
Section 8-1:
Continuation of Nonconforming Situations and
Completion of Nonconforming Projects .............................
41
Section 8-2:
Nonconforming Lots ............................................
41
Section 8-3:
Extension or Enlargement of Nonconforming Situations .................
42
Section 8-4:
Change in Kind of Nonconforming Use ..............................
44
Section 8-5:
Abandonment and Discontinuance of Nonconforming Situations ..........
44
Section 8-6:
Completion of Nonconforming Projects .............................
46
ARTICLE 9. ZONING DISTRICTS ............................................. 49
ARTICLE 10. TABLE OF PERMITTED USES ...................................... 51
Section 10-1: Use Requirements by District ..................................... 51
Section 10-2: Notes to the Table of Permitted Uses ............................... 59
ARTICLE 11. TABLE OF AREA, YARD, AND HEIGHT REQUIREMENTS .................. 61
Section I 1-1: Notes to the Table of Area, Yard, and Height Requirements .............. 62

PAGE
ARTICLE 12. CONDITIONAL USE PERMITS ...................................... 64
Section 12-1: Objectives and Purpose .......................................... 64
Section 12-2: Procedure for Conditional Use Permit Granted by the Village Council
on Recommendation of the Planning Board ........................... 64
Section 12-3: Table of Regulations for Conditional Uses ............................ 66
ARTICLE 13.
PLANNED UNIT DEVELOPMENT (PUD) ...............................
68
Section
13-1:
Minimum Size .................................................
68
Section
13-2:
Maximum Overall Density ........................................
68
Section
13-3:
Open Space Requirement ........................................
68
Section
13-4:
Streets.......................................................
68
Section
13-5:
Residential Development ...........................................
69
Section
13-6:
Commercial Development .........................................
69
Section
13-7:
Industrial Development ..........................................
69
Sectionl3-8:
Procedure....................................................69
Section
13-9:
Homeowners' Association ........................................
73
Section
13-10: Amendment to Site Plan Conditional Use Permit ......................
74
ARTICLE 14. OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS ........ 75
Section 14-1: Off -Street Parking Requirements ................................... 75
Section 14-2: Minimum Parking Requirements ................................... 75
Section 14-3: Combination of Required Parking Space ............................. 75
Section 144: Remote Parking Space ........................................... 75
Section 14-5: Separation from Walkways, Sidewalks, and Streets ..................... 76
Section 14-6: Minimum Parking Requirements .................................... 76
Section 14-7: Off -Street Loading Requirements ................................... 79
Section 14-8: Parking, Storage, or Use of Major Recreational Equipment ............... 79
ARTICLE 15. REGULATIONS FOR SIGNS AND BILLBOARDS .......................... 80
Sectionl5-1: Intent......................................................80
Section 15-2: General Provisions ..............................................
80
Section 15-3: Traffic Safety ..................................................
80
Section 15-4: Maintenance ..................................................
80
Section 15-5: Construction Prohibited .........................................
81
Section 15-6: Illumination...................................................
81
Section 15-7: Nonconforming Signs ...........................................
81
Section 15-8: Exclusion.....................................................
81
Section 15-9: Administration.................................................
82
Section 15-10: Filing Procedure ...............................................
82
Section 15-11: Signs Which Do Not Require a Permit ...............................
82
Section 15-12: Setback Requirements ...........................................
83
Section 15-13: Signs Which Require a Permit .....................................
83
Section 15-14: Principal Use Signs ..............................................
84
Section 15-15: Outdoor Advertising Signs .......................................
84
ui

PAGE
ARTICLE 16. MANUFACTURED HOME PARK REGULATIONS .........................
86
Section 16-1: Location ......................................................
86
Section 16-2: Compliance ...................................................
86
Section 16-3: Contents of the Preliminary Plan ...................................
86
Section 16-4: Review of Preliminary Plan ........................................
87
Section 16-5: Issuance of Construction Permit and Certificate of Compliance ...........
88
Section 16-6: Design Standards for Mobile Home Parks ............................
89
Section 16-7: Sanitary Facilities, Water Supply, Sewerage, Electricity, Lighting,
and Refuse Collection Facilities ....................................
91
Section 16-8: Manufactured Home Stands and Anchors ............................
92
Section 16-9: Service, Administration, and Other Buildings .........................
93
Section 16-10: Structural Additions .............................................
93
Section 16-11: Storage ......................................................93
Section 16-12: Management ..................................................
93
Section 16-13: Registration...................................................
94
Section 16-14: Sales in Manufactured Home Parks .................................
94
Section 16-15: Nonconforming Manufactured Home Parks ...........................
94
Section 16-16: Design Standards for Recreational Vehicle Parks ......................
94
ARTICLE 17. BUFFER STRIPS ................................................. 97
ARTICLE 18. TELECOMMUNICATION FACILITIES ................................. 99
Sectionl8-1: Purpose......................................................99
Section 18-2: Facilities Permitted ............................................. 99
Section 18-3: Telecommunications Facility Plans ................................ 101
ARTICLE 19.
VESTED RIGHT PROVISIONS .....................................
103
Sectionl9-1:
Purpose.....................................................103
Section 19-2:
Establishment of a Zoning Vested Right ............................
103
Section 19-3:
Approval Procedures and Approval Authority ........................
104
Sectionl9-4:
Duration....................................................105
Section 19-5:
Termination ..................................................
105
Section 19-6:
Voluntary Annexation ..........................................
106
Section 19-7:
Limitations...................................................
106
Sectionl9-8:
Repealer.....................................................106
ARTICLE 20.
PROCEDURE FOR REVIEW AND APPROVAL OF SUBDIVISION PLATS .......
107
Section 20-1:
General .................................................. .107
Section 20-2:
Sketch Design Plan .............................................
107
Section 20-3:
Preliminary Plat ...............................................
108
Section 20-4:
Final Plat ....................................................
110
Section 20-5:
Information to be Contained in or Depicted on
All Preliminary and Final Plats ....................................
119
iv

PAGE
ARTICLE 21. IMPROVEMENTS REQUIRED AND MINIMUM STANDARDS OF DESIGN .....
124
Section 21-1: General.....................................................124
Section 21-2: Suitability of Land .............................................
124
Section 21-3: Sidewalks ....................................................
125
Section 21-4: Natural Assets ................................................
126
Section 21-5: Name of Subdivision ...........................................
126
Section 21-6: Sedimentation Pollution Control ..................................
126
Section 21-7: Storm Water Drainage ..........................................
126
Section 21-8: Water and Sewerage Systems ....................................
127
Section 21-9: Streets ......................................................
128
Section 21-10: Design Standards of Blocks .......................................
134
Section 21-11: Design Standards of Lots ........................................
134
Section 21-12: Design Standards for Easements ..................................
135
Section 21-13: Placement of Monuments .......................................
135
Section 21-14: Construction Procedures ........................................
135
Section 21-15: Oversized Improvements ........................................
136
ARTICLE 22. PUBLIC FACILITIES ............................................. 137
Section 22-1: Educational Areas ............................................. 137
Section 22-2: Recreation Areas .............................................. 137
ARTICLE 23.
WATER AND SEWERAGE SYSTEMS ................................
143
Section 23-1:
General.....................................................143
Section 23-2:
Public Water and Sewerage Systems ...............................
143
Section 23-3:
Semi -Public Water Systems and Public Sewerage Systems ...............
143
Section 23-4:
Public or Semi -Public Water Systems and Individual
Sewage Disposal Systems .......................................
144
Section 23-5:
Individual Water Supplies and Public Sewerage System ................
144
Section 23-6:
Individual Water Supplies and Individual Sewage Disposal Systems .......
144
ARTICLE 24. ENVIRONMENTAL IMPACT ASSESSMENT ............................ 145
Section 24-1: Summary or Abstract of the Proposed Plan(s) or Policies ................ 145
Section 24-2: Environmental Impact of the Proposed Plan(s) or Policies ............... 145
Section 24-3: Any Adverse Environmental Effects ................................ 145
Section 24-4: Alternatives to the Proposed Plan(s) or Policies ....................... 145
Section 24-5: The Relationship Under the Proposed Plan(s) or Policies ................ 146
Section 24-6: Any Irreversible and Irretrievable Commitments of Resources ........... 146
APPENDIX I STREET TYPES
v

ARTICLE 1. INTRODUCTION
Section 1-1: Authority
This Ordinance is adopted under the authority granted by Chapter 160A, Article 19, Part 3 of the
North Carolina General Statutes and Amendments thereto. The Village Council of Saint Helena,
North Carolina, does ordain as follows:
Section 1-2: Title
This Ordinance shall be known as, referred to, and cited as the "Unified Development Ordinance,
Saint Helena, North Carolina" and hereinafter referred to as the "Ordinance."
Section 1-3: Purpose
(A) The purpose of this Ordinance is to promote the comfort, health, safety, morals,
prosperity, aesthetics, and general welfare of Saint Helena, North Carolina.
(B) This Ordinance is further designed to support and guide the proper subdivision of
land within the jurisdiction of Saint Helena in order to promote the public health,
safety, and general welfare of the citizens of Saint Helena. The Ordinance is
designed to promote the orderly development of the Village and its extraterritorial
jurisdictions; for the coordination of streets and highways within proposed
subdivisions with existing or planned streets and highways and other public
facilities; for the dedication or reservation of rights -of -way or easements for street
and utility purposes; and for the distribution of population and traffic, which shall
avoid congestion and overcrowding and which will create conditions essential to
public health, safety, and the general welfare. This Ordinance is designed to
further facilitate adequate provision for water, sewerage, parks, schools, and
playgrounds, and also to facilitate the further resubdivision of larger tracts into
smaller parcels of land.
Section 14: Intent
It is the general intent of this Ordinance to:
(A) Regulate and restrict the use of all structures and lands within the Village limits of
Saint Helena and any extraterritorial jurisdiction.
1

(B) Regulate and restrict lot coverage, population density and distribution, and the
location and size of all structures within the Village limits of Saint Helena and any
extraterritorial jurisdiction.
Section 1-5: Relationship to Existing Zoning and Subdivision Ordinances
To the extent that the provisions of this Ordinance are the same in substance as the previously
adopted provisions that they replace in the village's zoning and subdivision ordinances, they shall
be considered as continuations thereof and not as new enactments unless otherwise specifically
provided. In particular, a situation that did not constitute a lawful, nonconforming situation
under the previously adopted zoning ordinance does not achieve lawful nonconforming status
under this Ordinance merely by the passage of this zoning ordinance.
Section 1-6: Compliance with Official Plans
Where a proposed subdivision includes any part of a thoroughfare which has been designated as
such upon the officially adopted Thoroughfare Plan of the Village of Saint Helena, such part of
such thoroughfare shall be platted by the subdivider in the location shown on the plan at the
width specified in this Ordinance.
Similarly, proposed subdivisions must comply in all respects with the requirements of the zoning
ordinance in effect in the area to be subdivided, and any other officially adopted plans.
Section 1-7: No Use or Sale of Land or Buildings Except in Conformity
With Ordinance Provisions
(A) Subject to Article 8 of this Ordinance (Nonconforming Situations), no person may
use, occupy, or sell any land or buildings or authorize or permit the use,
occupancy, or sale of land or buildings under his control except in accordance with
all of the applicable provisions of this Ordinance.
(B) For purposes of this section, the "use" or "occupancy" of a building or land relates
to anything and everything that is done to, on, or in that building or land.
Section 1-8: Fees
(A) Reasonable fees sufficient to cover the costs of administration, inspection,
publication of notice and similar matters may be charged to applicants for zoning
2

permits, sign permits, conditional -use permits, special -use permits, subdivision
plat approval, zoning amendments, variances and other administrative relief. The
amount of the fees charged shall be as set forth in the village's budget or as
established by resolution of the council filed in the office of the Village Clerk.
(B) Fees established in accordance with Subsection (A) shall be paid upon submission
of a signed application or notice of appeal.
Section 1-9: Computation of Time
(A) Unless otherwise specifically provided, the time within which an act is to be done
shall be computed by excluding the first and including the last day. If the last day
is a Saturday, Sunday, or legal holiday, that day shall be excluded. When the
period oftime prescribed is less than seven days, intermediate Saturdays, Sundays,
and holidays shall be excluded.
(B) Unless otherwise specifically provided, whenever a person has the right or is
required to do some act within a prescribed period after the service of a notice or
other paper upon him and the notice or paper is served by mail, three days shall
be added to the prescribed period.
3

ARTICLE 2. GENERAL PROVISIONS
Section 2-1: Introduction
The proper regulation of the use of certain structures, lands, and waters, only through the use
of the zoning districts contained within this Ordinance, is neither feasible nor adequate.
Therefore, the following restrictions and regulations, which shall be applied in addition to the
district regulations, are necessary to accomplish the intent of this Ordinance.
Section 2-2: jurisdiction
(A) The provisions of this Ordinance shall apply to all structures, land, water, and air
within the jurisdiction of Saint Helena, North Carolina.
(B) The regulations contained herein as provided in NCGS § 160A, Article 19 shall
govern each and every subdivision within the jurisdiction of Saint Helena,
including anywhich may lie within an area of extraterritorial jurisdiction assumed
by any extraterritorial jurisdiction ordinance unless the ordinance shall specifically
provide to the contrary.
Section 2-3: Building Inspector
The Building Inspector shall accept all applications, issue or deny all Zoning Permits, investigate
all complaints, give notice of violations, and enforce the provisions of this Ordinance. All
violations of this Ordinance shall be reported to the Village Attorney who shall have authority to
bring actions for proceeding to enforce the provisions of this Ordinance.
The Building Inspector and his deputies shall have access to premises and structures during
reasonable hours to make those inspections as deemed necessary by him to ensure compliance
with this Ordinance.
Section 2-4: Zoning Permit
Applications for a zoning permit shall be made to the Building Inspector on forms approved by
the Building Inspector and shall include the following where applicable:
(A) Names and addresses, of the applicant, owner of the site, architect, professional
engineer or contractor.
rd

(B) Description of the subject site by lot, block, and recorded subdivision or by metes
and bounds; address of the subject site; type of structure; existing and proposed
operation or use of the structure or site; number of employees; and the zoning
district within which the subject site lies.
(C) Additional information as may be required by the governing body, Planning Board,
or the Building Inspector.
The Zoning Permit shall be granted or denied in writing by the Building Inspector within thirty
(30) days. The permit shall expire within six (6) months unless substantial work has commenced.
Any permit issued in conflict with the provisions of this Ordinance shall be null and void.
Section 2-5: Application of District Regulations
The regulations set by this Ordinance within each district shall be minimum regulations and shall
apply uniformly to each class or kind of structure or land, except as hereinafter provided.
(A) No building, structure, or land shall hereafter be used or occupied, and no building
or structure or part thereof shall hereafter be erected, constructed, reconstructed,
moved, or structurally altered except in conformity with all of the regulations
herein specified for the district in which it is located.
(B) No building or other structure shall hereafter be erected or altered:
(1) To exceed the height or bulk;
(2) To accommodate or house a greater number of families;
' (3) To occupy a greater percentage of lot area;
(4) To have narrower or smaller rear yards, front yards, side yards, or other
open spaces than herein required, or in any other manner be contrary to
the provisions of this Ordinance.
(C) No part of a yard, or other open space required about or in connection with any
building for the purpose of complying with this Ordinance, shall be included as
part of a yard, or open space similarly required for any other building.
5

(D) No yard or lot existing at the time of passage of this Ordinance shall be reduced
in dimension or area below the minimum requirements set forth herein. Yards or
lots created after the effective date of this Ordinance shall meet at least the
minimum requirements established by this Ordinance.
Regulations for each district shall be enforced and interpreted according to the following rules:
(E) Permitted Uses. Uses are permitted by right.
(F) Conditional Uses. Uses are permitted subject to the additional conditions imposed
and approved by the Village Council on recommendation of the Planning Board.
(G) Accessory Uses and Structures. Permitted in any district but not until their principal
structure is present or under construction. Uses accessory to residential district
developments shall not involve the conduct of any business, trade, or industry
except for home and professional occupations as defined herein. Residential uses
accessory to agricultural, business, and industrial district uses shall comply with
all the provisions of the Residential District.
(H) Uses Not Specified In This Ordinance. May be permitted by the Board of Adjustment
after the Planning Board has made a review and written recommendation and
provided that such uses are similar in character to the permitted uses in the
district.
(1) Temporary Uses. Such as real estate sales field offices or shelters for materials and
equipment being used in the construction of a permanent structure, may be
permitted by the Board of Adjustment, as provided for under Section 2-5(1).
(J) Minimum Regulations. Regulations set forth by this Ordinance shall be minimum
regulations. If the district requirements set forth in this Ordinance are at variance
with the regulations of any other lawfully adopted rules, regulations, or other
ordinance, the more restrictive or higher standard shall govern.
(I) Land Covenants. Nothing in this Ordinance shall modify or repeal any deed
restriction but no such restrictions shall constitute a means for developing less
than prescribed herein.
T

Section 2-6: Only One Principal Building Permitted on One Lot
No lot shall be occupied by more than one principal building. No part of a yard, court, or other
open space provided about any building or structure for the purpose of complying with the
provisions of this Ordinance shall be included as a part of a yard or other open space required
under this Ordinance for another building or structure. A residence shall always constitute a
principal use.
Section 2-7: Provision for Official Zoning Map
Official Zoning Map. The Village of Saint Helena is hereby divided into zones or districts, as shown
on the Official Zoning Map which, together with all explanatory matters thereon, is hereby
adopted by reference and declared to be part of this Ordinance. The Official Zoning Map shall
be identified by the signature of the Mayor of the Village Council, attested by the Village Clerk,
and bearing the seal of the Village. No changes of any nature shall be made on the Official Zoning
Map or matter shown thereon except in conformity with the procedures set forth in this
Ordinance. Regardless of the existence of copies of the Official Zoning Map which may from time
to time be made or published, the Official Zoning Map located in the Building Inspector's Office
shall be the final authority as to the current zoning status of land and water areas, buildings, and
other structures in the Village.
Section 2-8: Replacement of Official Zoning Map
In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to
interpret because of the nature or number of changes and additions, the Village Council may by
resolution adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map.
The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official
Zoning Map, but no such correction shall have the effect of amending the original Official Zoning
Map. The new Official Zoning Map shall be identified by the signature of the Mayor of the Village
Council, attested by the Village Clerk, and bearing the seal of the Village of Saint Helena. Unless
the prior Official Zoning 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.
Section 2-9: Rules for Interpretation of District Boundaries
Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map,,
the following rules shall apply:
7

(A) Boundaries indicated as approximately following the center lines of streets or
highways, shall be construed to follow such center lines;
(B) Boundaries indicated as approximately following the right-of-way of streets or
highways, shall be construed to follow such rights -of -way;
(C) Boundaries indicated as approximately following platted lot lines shall be
construed as following such lot lines;
(D) Boundaries indicated as approximately following Village limits shall be construed
as following such Village limits;
(E) Boundaries indicated as following railroad lines shall be construed to be midway
between the main tracts;
(F) Boundaries indicated as following shorelines shall be construed to follow such
shorelines, and in the event of change in the shoreline shall be construed as
movingwith the actual shoreline; boundaries indicated as approximately following
the center lines of streams, rivers, canals, lakes, or other bodies of water shall be
construed to follow such center lines;
(G) Where physical or cultural features existing on the ground are at variance with
those shown on the Official Zoning Map, or in other circumstances not covered by
Subsections (A) through (F) above, the Board of Adjustment shall interpret the
district boundaries.

ARTICLE 3. BASIC DEFINITIONS AND INTERPRETATIONS
Section 3-1: Word Interpretation
For the purposes of this Ordinance, certain words shall be interpreted as follows. Except
as defined herein, all other words used in this Ordinance shall have their customary dictionary
definition.
(A) The present tense includes the future tense and the future tense includes the
present tense.
(B) The singular number includes the plural number and the plural number includes
the singular number.
(C) The word "may" is permissive.
(D) The words "shall" and "will" are mandatory.
(E) The word "county" shall mean the County of Pender, North Carolina.
(F) The words "Zoning Board," "Zoning Commission," or "Planning Commission" shall
mean the Saint Helena Planning Board.
(G) The words "Village Council" shall mean the Village Council of Saint Helena, North
Carolina.
(H) The word "person" includes a firm, association, organization, partnership, trust,
company, or corporation as well as an individual.
(H) The words "used" or "occupied" include the words "intended, designed, and
arranged to be used or occupied."
(I) The word "adjacent" includes the words "adjoining, abutting, touching, and/or
sharing a common boundary."
01

Section 3-2: Definitions of Basic Terms
(1) Accessory Use or Structure. A use or structure on
the same lot with, and of a nature customarily
incidental and subordinate to the principal use
or structure.
(2) Adult and Sexually Oriented Establishment Definitions.
(a) Adult Bookstore. A bookstore:
�ACCE550QY .Sr Z[1C7rU2E
PRINCIPAL 18C11I DW I
f _ !
'�_eun_nwr ulvc�
L.L.L.--in
► Which receives a majority of its gross income during any calendar
month from the sale of publications (including books, magazines,
and other periodicals) which are distinguished or characterized by
their emphasis on matter depicting, describing, or relating to
specified sexual activities or specified anatomical areas, as defined
in this Section or other periodicals, videotapes, compact discs,
other photographic, electronic, magnetic, digital, or other imaging
medium.
► Having as a preponderance (either in terms of the weight and
importance of the material or in terms of greater volume of
materials) of its publications, including books, magazines, other
periodicals, videotapes, compact discs, other photographic,
electronic, magnetic, digital, or other imaging medium, which are
distinguished or characterized by their emphasis on matter
depicting, describing, or relating to specified sexual activities or
specified anatomical areas, as defined in this Section.
(b) Adult Cabaret. A nightclub, bar, restaurant, or similar commercial
establishment that, on a regular, sporadic, or transient basis, features:
► Persons who appear in a state of nudity or semi -nudity; or
► Live performances that are characterized by the exposure of
"specified anatomical areas" or "specified sexual activities;" or
10

► Films, motion pictures, video cassettes, slides, or other
photographic reproductions that are characterized by the depiction
or description of "specified sexual activities" or "specified
anatomical areas;" or
► Persons who engage in erotic dancing or performances that are
intended for the sexual interests or titillation of an audience or
customers.
(c) Adult Establishment. An adult bookstore, adult cabaret, adult motel, adult
motion picture theater, adult mini motion picture theater, escort agency,
exotic car wash, exotic maid service, nude modeling studio, sexual
encounter center, adult live entertainment business, or any other sexually
oriented business that is similar in nature or intent to any other adult
entertainment business as defined in this Section. This term may be used
interchangeably with sexually oriented business.
(d) Adult Live Entertainment. Any performance of / or involving the actual
presence of real people which exhibits specified sexual activities or
specified anatomical areas, as defined in this Section.
(e) Adult Live Entertainment Business. Any establishment or business wherein
adult live entertainment is shown for observation by patrons. This shall
apply whether the entertainment is presented on a regular, sporadic, or
transient basis.
(f) Adult Hotel. A hotel, motel, or similar commercial establishment that:
► Offers accommodation to the public for any form of consideration
and provides patrons with closed-circuit television transmissions,
films, motion pictures, video cassettes, slides, or other
photographic reproductions that are characterized by the depiction
or description of "specified sexual activities" or "specified
anatomical areas," and has a sign visible from the public right-of-
way that advertises the availability of this adult type of
photographic reproductions; or
11

► Offers a sleeping room for rent for a period of time that is less than
twenty-four (24) hours; or
► Allows a tenant or occupant of a sleeping room to sub -rent the
room for a period of time that is less than twenty-four (24) hours.
(g) Adult Motion Picture Theater. An enclosed building or premises used for
presenting motion pictures, which are distinguished or characterized by an
emphasis on matter depicting, describing, or relating to specified sexual
activities or specified anatomical areas as defined in this Section, for
observation by patrons therein. "Adult motion picture theater" does not
include any adult mini motion picture theater as defined in this Section.
(h) Adult Mini Motion Picture Theater. An enclosed building with viewing booths
designed to hold patrons which is used for presenting motion pictures,
which are distinguished or characterized by an emphasis on matter
depicting, describing, or relating to specified sexual activities or specified
anatomical areas as defined in this Section, for observation by patrons
therein.
(i) Escort. A person who, for consideration, agrees or offers to act as a
companion, guide, or date for another person, or who agrees or offers to
privately model lingerie or to privately perform a striptease for another
person and whose advertisements, promotions, or obvious intent to the
public are sexual in nature.
(j) Escort Agency. A person or business association who furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business
purposes for a fee, tip, or other consideration and whose advertisements,
promotions, or obvious intent to the public are sexual in nature.
(k) Erotic. Any seductive, titillating, lustful, immodest, indecent, suggestive,
passionate, or similar reference, act, service, or deed.
(1) Exotic Car Wash. A facility that offers a car cleaning or washing service
performed by employees that are in a state of nudity or semi -nudity.
12

(m) Exotic Maid Service. Any cleaning service for a residence or business where
the employee is in a state of nudity or semi -nudity.
(n) Massage. The manipulation of body muscle or tissue by rubbing, stroking,
kneading, or tapping by hand or mechanical device.
(o) Massage Business. Any establishment or business wherein massage is
practiced, including establishments commonly known as health clubs,
physical culture studios, massage studios, or massage parlors.
(p) Nude Model Studio. Any place where a person who appears in a state of
nudity or displays "specific anatomical areas" is provided to be observed,
sketched, drawn, painted, sculptured, photographed, or similarly depicted
by other persons for consideration.
(q) Nudity (includes a state of nudity). The appearance of a human bare buttock,
anus, anal cleft, or cleavage, pubic area, male genitals, female genitals, or
vulva, with less than fully opaque covering; or human male genitals in a
discernibly turgid state even if completely and opaquely covered.
(r) Sexual Encounter Center. A business or commercial enterprise that, as one
of its principal business purposes, offers for any form of consideration:
Physical contact in the form of wrestling or tumbling between
persons of the opposite sex; or
Activities between male and female persons and/or persons of the
same sex when one or more of the persons is in a state of nudity or
semi -nudity.
(s) Specified Anatomical Area. Shall include the following:
Less than completely and opaquely covered human genitals, pubic
region, buttock, or female breast below a point immediately above
the top of the areola; or
Human male genitals in a discernibly turgid state, even if
completely and opaquely covered.
13

(t) Specified Sexual Activities. Shall include the following:
Human genitals in a state of sexual stimulation or arousal; or
Acts of human masturbation, sexual intercourse, or sodomy; or
Fondling or other erotic touching of human genitals, pubic regions,
buttocks, or female breasts.
(u) Sexually Oriented Business. Any business or enterprise that has as one of its
principal business purposes or as a significant portion of its business an
emphasis on matter and conduct depicting, describing, or related to
anatomical areas and sexual activities as specified in NCGS § 14-202.10.
This term may be used interchangeably with adult establishments.
(3) Agriculture. Normal farming operations and the raising of livestock except
agriculture shall not include the raising of more than four hundred (400) chickens,
three (3) cows per acre, five (5) goats, four (4) horses per acre, five (5) pigs, five (5)
sheep, fifteen (15) turkeys, or five (5) of any other kind of animal at one time.
(4) Assisted Living Facility. Any group housing and services program for two (2) or more
unrelated adults, by whatever name it is called, that makes available, at a
minimum, one meal a day and housekeeping services and provides personal care
services directly or through a formal written agreement with one (1) or more
licensed home care or hospice agencies.
(5) Buildable Area. The portion of a lot remaining after required yards have been
provided.
(6) Building Height. The vertical distance measured from the average elevation of the
proposed finished grade at the front of the structure to the mean level of the slope
of the main roof.
(7) Building Inspector. The person, officer, and his authorized representatives, whom
the Village Council has designated as their agent for the administration and
enforcement of these regulations.
14

(8) Building Setback Line. A line parallel to the front property line in front of which no
structure shall be erected.
(9) Child Care Home. A home for not more than nine (9) orphaned, abandoned,
dependent, abused, or neglected children, together with not more than two (2)
adults who supervise such children, all of whom live together as a single
housekeeping unit.
(10) Child Care Institution. An institutional facility housing more than nine (9) orphaned,
abandoned, dependent, abused, or neglected children.
(1 l) Church, Club, or Private Lodge. An incorporated or unincorporated association for
civic, social, cultural, religious, fraternal, literary, political, recreational, or like
activities, operated on a nonprofit basis for the benefit of its members, and
certified as a nonprofit organization by the Secretary of State of North Carolina.
(12) Conditional Use. A use that would not be appropriate generally as a right without
restriction throughout a zoning district, but subject to a finding by the Board of
Adjustment that if controlled as to number, area, location, or relation to
neighborhood, would promote the public health, safety, morals, or the general
welfare.
(13) Dedication. A gift, by the owner, of his property to another party without any
consideration being given for the transfer. Since a transfer of property is involved,
the dedication is made by written instrument and is completed with an
acceptance.
(14) District. Any section of the Village of Saint Helena and any extraterritorial
jurisdiction in which zoning regulations are uniform.
(15) Dwelling, Single -Family. A detached residential dwelling unit other than a
manufactured home, designed for and occupied by one (1) family only.
(16) Dwelling, Manufactured Home. See Manufactured Home.
(17) Dwelling, Multifamily. A residential building designed
for or occupied by two (2) or more families, with the
number of families in residence not exceeding the
number of dwelling units provided.
Dwelling, multi -family
■ ■ ■
■ ■ ■
'■ ■ ■
"Rom
15 #❑ 0 0110 0 0

(18) Dwelling, Two -Family (Duplex). A detached E
residential building containing two (2) dwelling
units, designed for occupancy by not more
than two (2) families.
(19) Dwelling Unit. One (1) or more rooms together, constituting a separate,
independent housekeeping establishment for owner occupancy, or rental or lease
on a weekly, monthly, or longer basis, and physically separated from any other
rooms or dwelling units which may be in the same structure, and containing
independent cooking and sleeping facilities.
(20) Easement. A conveyance by the property owner of a strip of land for a specified
purpose and use by the public, a corporation, or person.
(21) Family. One (1) or more persons occupying a single dwelling unit, provided that
unless all members are related by blood or marriage, no such family shall contain
over five (5) persons, but further provided that domestic servants employed on the
premises may be housed on the premises without being counted as a family or
families.
(22) Family Care Home. A home with support and supervisory personnel that provides
room and board, personal care and habilitation services in a family environment
for not more than six (6) residents including handicapped and non -handicapped
persons.
(23) Floodplain. An area adjacent to a watercourse and based on available information
from the Lower Cape Fear District of the Soil Conservation Service of the US
Department of Agriculture and the US Geological Survey.
ELCVATION
FLOOD7) ] -5TIMAMj I
(7 E
--- EFLOODWAY -j
FLOOD PLAIN!

(24) Fraternity or Sorority Houses. A building occupied by and maintained exclusively for
college or university students who are affiliated with a social, honorary, or
professional organization which is chartered by a national, fraternal, or sororal
order and which is so recognized by the college, university, or other institution of
higher education.
(25) junkyard. Any land or area used, in whole or in part, for commercial storage and/or
sale of waste paper, rags, scrap metal, or other junk, and including storage or
scrapped motor vehicles and dismantling of such vehicles or machinery.
(26) Halfway House. A home for not more that nine (9) persons who have demonstrated
a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal
conduct, together with not more than two (2) persons providing supervision and
other services to such persons, eleven (11) of whom live together as a single
housing unit.
(27) Handicapped Home. A residence within a single dwelling unit for at least six (6) but
not more than nine (9) persons who are physically or mentally handicapped,
together with not more than two (2) persons providing care or assistance to such
persons, all living together as a single housekeeping unit. Persons residing in such
homes, including the aged and disabled, principally need residential care rather
than medical treatment.
(28) Handicapped Institution. An institutional facility housing and providing care or
assistance for more than nine (9) persons who are physically or mentally
handicapped or infirm. Persons residing in such homes, including the aged or
disabled, principally need residential care rather than medical treatment.
(29) Handicapped Person. A person with a temporary or permanent physical, emotional
or mental disability including but not limited to mental retardation, cerebral palsy,
epilepsy, autism, hearing and sight impairments, emotional disturbances, or
orthopedic impairments, but not including mentally ill persons who are dangerous
to others as defined in NCGS § Section 122C-3(11)b.
(30) Home Care Unit. A facility meeting all the requirements of the State of North
Carolina for boarding and care of not more than five (5) persons who are not
critically ill and do not need professional medical attention, to include homes for
the aged.
17

(31) Home for the Aged. A boarding home with more than six (6) beds meeting all of the
requirements of the State of North Carolina for the boarding and care of persons
who are not critically ill and who do not need regular professional medical
attention.
(32) Home Occupation. An occupation for gain or support customarily conducted on the
premises by a person or family residing thereon.
(33) Intermediate Care Home. A facility maintained for the purpose of providing
accommodations for not more than seven (7) occupants needing medical care and
supervision at a lower level than that provided in a nursing care institution but at
a higher level than that provided in institutions for the handicapped or infirm.
(34) Intermediate Care Institution. An institutional facility maintained for the purpose of
providing accommodations for more than seven (7) persons needing medical care
and supervision at a lower level than that provided in a nursing care institution but
at a higher level than that provided in institutions for the handicapped or infirm.
35 Lot. For purposes of this Ordinance, a lot is
a parcel of land of at least sufficient size to I QFep�y„Qp
meet minimum zoning requirements for use, '
coverage, and area, and to provide such <��y ; AR OE
yards and other open space as are herein
required. It is intended as a unit of transfer I I "aWLI
F=Mr YAZD LINO
of ownership or for development or both.
LINE
(36) Lot Depth. The mean horizontal distance between front and rear lot lines.
(37) Lot Frontage. The front of a lot shall be construed to be the portion nearest the
street. For the purposes of determining yard requirements on corner lots and
through lots, all sides of a lot adjacent to streets shall be considered frontage, and
yards shall be provided as indicated under YARDS in this Ordinance.
(38) Lot of Record. A lot which is part of a subdivision recorded in the Office of the
Register of Deeds, Pender County, or a lot or parcel described by metes and
bounds, the description of which has been so recorded.
18

(39) Lot Types.
(a) Corner Lot. A lot located at the intersection of two or more streets.
(b) Interior Lot. A lot other than a corner lot with only one frontage on a
street.
(c) Single -Tier Lot. A lot which backs upon a limited access highway, a railroad,
a physical barrier, or another type of land use and to which access from the
rear is usually prohibited.
(d) Through Lot (Double Frontage). A lot other than a corner lot with frontage
on more than one street. Through lots adjacent to two streets may be
referred to as double frontage lots.
(40) Manufactured Home. A structure, 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. The term also includes park
trailers, travel trailers, and similar transportable structures placed on a site for one
hundred eighty (180) consecutive days or longer and intended to be improved
property.
(41) Manufactured Home (Mobile Home) Class A. A double- or triple -wide manufactured
home constructed after July 1, 1976, that meets or exceeds the construction
standards promulgated by the U.S. Department of Housing and Urban
Development that were in effect at the time of construction and that satisfies each
of the following additional criteria:
(a) The home has a length not exceeding four times its width;
(b) The pitch of the home's roof has a minimum vertical rise of one foot for
each five feet of horizontal run, and the roof is finished with a type of
shingle that is commonly used in standard residential construction;
(c) The exterior siding consists of wood, hardboard, or aluminum (vinyl
covered or painted, but in no case exceeding the reflectivity of gloss white
paint) comparable in composition, appearance, and durability to the
exterior siding commonly used in standard residential construction;
(d) A continuous, permanent masonry foundation, unpierced except for
required ventilation and access, is installed under the home; and
&I

(e) The tongue, axles, transporting lights, and removable towing apparatus are
removed after placement on the lot and before occupancy.
Class A manufactured homes are permitted within the village's RA-20 Residential
Manufactured Home zoning district.
(42) Manufactured Home (Mobile Home) Class B. A single -wide manufactured home
constructed after July 1, 1976, that meets or exceeds the construction standards
promulgated by the U.S. Department of Housing and Urban Development that
were in effect at the time of construction but that does not satisfy the criteria
necessary to qualify the house as a Class A manufactured home. Class B
manufactured homes are permitted within the village's RA-20 Residential
Manufactured Home zoning district.
(43) Manufactured Home (Mobile Home) Class C. Any manufactured home that does not
meet the definitional criteria of a Class A or Class B manufactured home. Class C
manufactured homes are not permitted within Saint Helena's planning jurisdiction.
(44) Manufactured Home Lot. A manufactured home lot is a piece of land within a
manufactured home park whose boundaries are delineated in accordance with the
requirements of the Ordinance.
(45) Manufactured Home Park or Subdivision. A parcel, or contiguous parcels, of land
divided into two (2) or more manufactured home lots for rent or sale.
(46) Manufactured Home/Recreational Vehicle Space. A plot of land within a MH/RV park
designed for the accommodation of a single manufactured home/recreational
vehicle in accordance with the requirements set forth in Article 16.
(47) Manufactured Home/Recreational Vehicle Stand. That portion of the manufactured
home/recreational vehicle space designed for and used as the area occupied by the
MH/RV proper.
(48) Modular Home. A modular home is a structure that: a) consists of a single unit
completely assembled at the factory or of more than one (1) unit totally assembled
at the factory and joined together at the site; b) is designed so that the total
structure, or the individual units, as the case may be, can be transported on its
own substructure; and c) is over thirty-two (32) feet long and over eight (8) feet
wide.
20

(49) NCGS. North Carolina General Statute.
(50) Nonconforming Uses.
(a) Nonconforming Situation. A situation that occurs when, on the effective date
of this Ordinance or any amendment to it, an existing lot or structure or
use of an existing lot or structure does not conform to one (1) or more of
the regulations applicable to the district in which the lot or structure is
located. Among other possibilities, a nonconforming situation may arise
because a lot does not meet minimum acreage requirements, because
structures do not satisfy maximum height or minimum floor space
limitations, because the relationship between existing buildings and the
land (in such matters as density and setback requirements) is not in
conformity with the Ordinance, or because land or buildings are used for
purposes made unlawful by the Ordinance.
(b) Nonconforming Use. A nonconforming situation that occurs when property
is used for a purpose or in a manner made unlawful by the use regulations
applicable to the district in which the property is located. (For example,
a commercial office building in a residential district may be a
nonconforming use.) The term also refers to the activity that constitutes
the use made of the property. (For example, all the activity associated with
running a bakery in a residentially zoned area is a nonconforming use.)
(c) Dimensional Nonconformity. A nonconforming situation that occurs when
the height, size, or minimum floor space of a structure or the relationship
between an existing building or buildings and other buildings or lot lines
does not conform tathe regulations applicable to the district in which the
property is located.
(d) Lot. A parcel of land whose boundaries have been established by some
legal instrument such as a deed or a recorded map and which is recognized
as a separate legal entity for purposes of transfer of title. If a public road
crosses a parcel of land otherwise characterized as a lot by this definition,
the land on each side of the public road shall constitute a separate lot.
21

(e) Nonconforming Lot. A lot existing at the effective date of this Ordinance or
any amendment to it (and not created for the purpose of evading the
restrictions of this Ordinance) that cannot meet the minimum area or lot
width requirements of the district in which the lot is located.
(f) Ordinance. This Ordinance, including any amendments. Whenever the
effective date of the Ordinance is referred to, the reference includes the
effective date of any amendment to it.
(g) Nonconforming Project. Any structure, development, or undertaking that is
incomplete at the effective date of this Ordinance and would be
inconsistent with any regulation applicable to the district in which it is
located if completed as proposed or planned.
(h) Expenditure. A sum of money paid out in return for some benefit or to fulfill
some obligation. Whenever the term is used hereafter, it also includes
binding, contractual commitments to make future expenditures, as well as
any other substantial changes in position.
(51) Nursing Care Institution. An institutional facility maintained for the purpose of
providing skilled nursing care and medical supervision to nine (9) or more persons
at a lower level than that available in a hospital.
(52) Nursing Home (Convalescent Home, Rest Home). A health facility that provides nursing
or convalescent care for three (3) or more persons unrelated to the licensee. A
nursing home provides long term care of chronic conditions or short term
convalescent or rehabilitative care of remedial ailments, for which medical and
nursing care are indicated.
(53) Official Maps or Plans. Any maps or plans officially adopted by the Village Council
as a guide to the development of Saint Helena.
(54) Open Spaces. An area (land and/or water) generally lacking in manmade structures
and reserved for the enjoyment of residents of the Planned Unit Development, or
other group project. Common open spaces may contain accessory structures, and
improvements necessary or desirable for religious, education, non-commercial,
recreational, or cultural uses.
22

(55) Parking Space, Off -Street. For the purposes of this Ordinance, an off-street parking
space shall consist of a space adequate for parking an automobile with room for
opening doors in both sides, together with properly related access to a public
street or alley and maneuvering room.
(56) "Park Model" Recreational Vehicle. A manufactured home typically built in
accordance with the construction requirements of HUD National Manufactured
Housing Construction and Safety Standards Act of 1974, 42 U.S.C. §5401, et seq.
but because of their limited size they are not required to be labeled by the HUD
manufacturing housing program. Since these park model type units are not under
the jurisdiction of the HUD program, they are labeled and sold as recreational
vehicles.
(57) Planned Unit Development (PUD). A development constructed on a tract of at least
twenty-five (25) acres under single ownership, planned and developed as an
integral unit, and consisting of a combination of residential and nonresidential
uses on land within a PUD district in accordance with Article 13.
(58) Plat. A map or plan of a parcel of land which is to be, or has been, subdivided.
(59) Private Driveway. A roadway serving two (2) or fewer lots, building sites, or other
divisions of land and not intended to be public ingress or egress.
(60) Public Sewage Disposal System. A system serving two (2) or more dwelling units and
approved by the Pender County Health Department and the North Carolina
Department of Natural and Economic Resources, Environmental Management
Division.
(61) Public Water Supply. Any water supply furnishing potable water to ten (10) or more
residences or businesses, or combination of residences or businesses. Approval
by the Sanitary Engineering Division, State Board of Health, Department of Human
Resources is required. '
(62) Recreation Area or Park. An area of land or combination of land and water resources
that is developed for active and/or passive recreation pursuits with various
manmade features that accommodate such activities.
23

(63) Recreational Vehicle. A recreational vehicle is a vehicle which is: (a) built on a single
chassis; (b) self-propelled or permanently towable by a light duty truck; and (c)
designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational camping, travel, or seasonal use. Recreational vehicles
must be ready, willing and able to move off -site within forty-eight (48) hours.
When a recreational vehicle is located within a special flood hazard area, the local
Flood Prevention Ordinance must be met. Recreational vehicles include "park
model" recreational vehicles as defined by this Ordinance.
(64) Recreational Vehicle Parks. Any single parcel of land upon which two (2) or more
recreational vehicles, occupied for sleeping purposes, are located regardless of
whether or not a charge is made for such purposes. Recreational Vehicle Parks are
referred to in this Ordinance as "RV Park(s)."
(65) Reservation. A reservation of land does not involve any transfer of property rights.
It simply constitutes an obligation to keep property free from development for a
stated period of time.
(66) Residential Care. Establishments primarily engaged in the provision of residential,
social, and personal care for children, the aged, and special categories of persons
with some limits on ability for self -care, but where medical care is not a major
element; such as adult day care facility, home for the aged and infirm, and other
similar residential care uses not otherwise defined in this Section.
(67) Service Station. A building or lot dedicated to the rendering of automotive services
such as the sale of gasoline, oil, grease, and accessories and the minor repair of
automobiles such as tune-ups, brake adjustments, overhauling, and tire changes,
excluding body work and painting.
(68) Setback Line. The line on the front, rear, and sides of a lot, which delineates the
area upon which a structure may be built and maintained.
(69) Shelter, Fallout. A structure or portion of a structure that provides protection to
human life during periods of danger from nuclear fallout, air raids, storms, or
other emergencies.
(70) Shopping Center. Two (2) or more commercial establishments planned and
constructed as a single unit with off-street parking and loading facilities provided
24

on the property and related in location, size, and type of shops to the trade area
which the unit serves.
(71) Sign. Any device designed to inform or attract the attention of persons not on the
premises on which the sign is located.
(72) Sign, Principal. A sign which directs attention to a business, commodity, services,
entertainment, or other activity, conducted, sold, or offered exclusively on the
premises upon which said sign is located.
(73) Sign, Outdoor Advertising. Any sign either free standing or attached to a structure
which directs attention to a business, commodity, services, entertainment, or
other activity, conducted, sold, or offered elsewhere than on the premises on
which said sign is located.
(74) Sign, Surface Area Of. The surface area of a sign shall be computed as including the
entire area within a regular geometric form or combinations of regular geometric
forms comprising all of the display area of the sign and including all of the
elements of the matter displayed. Frames and structural members not bearing
advertising matter shall not be included in computation of surface area.
SHADED AREA ==TES
. AREA OF W"S
25

(75) Sign, Temporary. A sign permitted for a period not exceeding twelve (12) months
including for sale, for rent, construction company's name, subcontractor's names,
architect's and planner's names.
(76) Street. A dedicated and accepted public right-of-way for vehicular traffic which
affords the principal means of access to adjacent properties. The following
classifications shall apply.
(a) Minor Thoroughfares. Minor thoroughfares are important streets in the
village system and perform the function of collecting traffic from local
access streets and carrying it to the Major Thoroughfare System. Minor
thoroughfares may be used to supplement the Major Thoroughfare system
by facilitating a minor through -traffic movement and may also serve
adjacent property.
(b) Local Street. A local street is any link not a higher order urban system and
services primarily to provide direct access to adjacent land and access to
higher systems. It offers the lowest level of mobility and through traffic is
usually deliberately discouraged.
(c) Cul-de-sac. A cul-de-sac is a short street having but one end open to traffic
and the other end being permanently terminated and a vehicular
turnaround provided.
(d) Frontage Road. A frontage road is a local street or road that is parallel to
a full or partial access controlled facility and functions to provide access to
adjacent land.
(e) Alley. A strip of land, owned publicly or privately, set aside primarily for
vehicular service access to the back or side of properties otherwise
adjacent to a street.
(77) Street Line. The right-of-way boundary of a street.
(78) Structure and/or Building. Anything constructed or erected with a fixed location on
the ground, or attached to something having a fixed location on the ground,
among other things, structures including buildings, manufactured homes, walls,
fences, and poster panels.
26

(79) Subdivider. Any person, firm, or corporation who subdivides or develops any land
deemed to be a subdivision as herein defined.
(80) Tract. A tract is a piece of land whose boundaries have been described or
delimited by a legal instrument or map recorded in the office of the Register of
Deeds.
(81) Variance. A variance is a relaxation of the terms of the Zoning Ordinance where
such variance will not be contrary to the public interest and where, owing to
conditions peculiar to the property and not the result of the action of the
applicant, a literal enforcement of the Ordinance would result in unnecessary and
undue hardship. As used in this Ordinance, a variance is authorized only for
height, area, and size of structure or size ofyards and open spaces; establishment
or expansion of a use otherwise prohibited shall not be allowed by variance, nor
shall a variance be granted because of the presence of nonconformities in the
zoning district or uses in an adjacent zoning district.
(82) Yard. A required open space unoccupied and unobstructed by a'structure or
portion of a structure, provided, however, that fences, walls, poles, posts, and
other customary yard accessories, ornaments, and furniture may be permitted in
any yard subject to height limitations and requirements limiting obstruction of
visibility.
(83) Yard, Front. An area extending between side lot lines across the front of a lot
adjacent to a street. Depth of required front yards shall be measured at right
angles to a straight line joining the foremost points of the side lot lines. The
foremost point of the side lot line, in the case of rounded property corners at
street intersections, shall be assumed to be the point at which the side and front
lot lines would have met without such rounding.
(84) Yard, Rear. An area extending across the full width of the lot and lying between
the rear lot line and a line parallel thereto at a distance therefrom as required in
the applicable district.
(85) Yard, Side. An area extending along the length of the lot between the required
front yard and the required rear yard, and between the side lot line and a line
parallel thereto and a distance therefrom as required in the various districts.
27

ARTICLE 4. ADMINISTRATION AND ENFORCEMENT
Section 4-1: Administration and Enforcement
The Building Inspector shall administer and enforce this Ordinance. He may be provided with
assistance of such other persons as the Village Council may direct.
If the Building Inspector shall find that any of the provisions of this Ordinance are being violated,
he shall notify in writing the person responsible for such violation indicating the nature of the
violation and ordering the action necessary to correct it. He shall order discontinuance of illegal
use of land, buildings, or structures; removal of illegal buildings or structures or of additions,
alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall
take any other action authorized by this Ordinance to insure compliance with or to prevent
violation of its provisions.
Section 4-2: Building Permits Requirements
After the adoption of this Ordinance, no new uses shall be established unless a building permit
is applied for and issued by the Building Inspector. No permit shall be issued except in
conformity with the provisions of this Ordinance, except after written order from the Board of
Adjustment.
Section 4-3: Application for Building Permit
All applications for building permits shall be accompanied by plans in duplicate, drawn to scale,
showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations
on the lots of buildings already existing, if any; the location and dimensions of the proposed
building or alteration; and evidence of Pender County Board of Health's approval of the sewage
disposal system. The application shall include such other information as may be required by the
Building Inspector including existing or proposed building or alteration; existing or proposed uses
of the building and land; the number of families or rental units the building is designed to
accommodate; conditions existing on the lot; and such other matters as may be necessary to
determine conformance with, and provide for the enforcement of this Ordinance.
One copy of the plans shall be returned to the applicant by the Building Inspector after he shall
have marked such copy either as approved or disapproved and attested to same by his signature
on such copy. Should the Building Inspector disapprove an application for a building permit, the

reasons for disapproval shall be listed on the application. The second copy of the plans, similarly
marked, shall be retained by the Village.
Section 4-4: Expiration of Building Permit
If the work described in any building permit has not begun within six (6) months from the date
of issuance thereof, said permit shall expire; it shall be canceled by the Building Inspector and
written notice thereof shall be given to persons affected.
If after commencement, the work is discontinued for a period of twelve (12) months, the permit
therefore shall immediately expire and be canceled by the Building Inspector and written notice
thereof shall be given to the persons affected, togetherwith notice that furtherwork as described
in the canceled permit shall not proceed unless and until a new building permit has been
obtained.
Section 4-5: Building Permit for New or Altered Uses
It shall be unlawful to create, erect, change, convert, or wholly or partly alter or enlarge the use
of a structure until a building permit shall have been issued by the Building Inspector stating that
the proposed use of the building or land conforms to the requirements of this Ordinance.
No permit for erection, alteration, moving, or repair of any building shall be issued until an
application has been made for a building permit. The permit shall be issued in conformity with
the provisions of this Ordinance upon completion of the work.
A temporary building permit may be issued by the Building Inspector for a period not exceeding
six (6) months during alterations or partial occupancy of a building pending its completion. A
temporary building permit may be issued by the Building Inspector for a period not exceeding one
(1) month for bazaars, carnivals, or religious revivals. Such temporary permit may require such
conditions and safeguards as will protect the safety of the occupants and the public.
The Building Inspector shall maintain a record of all building permits.
Section 4-6: Construction and Use to be as Stated on Building Permits
Building permits issued on the basis of plans and applications approved by the Building Inspector
authorize only the use, arrangements, and construction set forth in such approved plans and
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applications. Use, arrangement, or construction at variance with that authorized shall be deemed
a violation of this Ordinance and punishable as provided in Article 7 herein.
Section 4-7: Right of Appeal
If the building permit is denied, the applicant may appeal the action of the Building Inspector to
the Board of Adjustment.
Section 4-8: Certificate of Occupancy
No new building or part thereof shall be occupied, and no addition or enlargement of any existing
building shall be occupied, and no existing building after being altered or moved shall be
occupied, and no change of occupancy shall be made in any existing building or part thereof, until
the Building Inspector has issued a certificate of occupancy therefore. A temporary certificate of
occupancy may be issued for a portion or portions of a building which may safely be occupied
prior to final completion and occupancy of the entire building.
Application for a certificate of occupancy may be made by the owner or his agent after all final
inspections have been made for new buildings, or, in the case of existing buildings, after
supplying the information and data necessary to determine compliance with this Ordinance and
appropriate regulatory codes of the Village for the occupancy intended. The Building Inspector
shall issue a certificate of occupancy when, after examination and inspection, it is found that the
building in all respects conforms to the provisions of the Ordinance and appropriate regulatory
codes of the Village for the occupancy intended.
Section 4-9: Duties of Building Inspector, Board of Adjustment, Courts, and Village Council
as to Matters of Appeal
It is the intention of this Ordinance that all questions arising in connection with the enforcement
of this Ordinance shall be presented first to the Building Inspector and that such questions shall
be presented to the Board of Adjustment only on appeal from the Building Inspector; and that
from the decision of the Board of Adjustment recourse shall be to courts as provided by law.
The duties of the Village Council in connection with the Ordinance shall not include the hearing
and passing of disputed questions that may arise in connection with the enforcement thereof, but
only considering and passing upon any proposed amendment or repeal of the Ordinance text and
map.
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Section 4-10: Protest Vote Requirement
In the case of a protest against a zoning change, signed by the owners of twenty percent (20%)
or more either of the area of the lots included in a proposed change, or of the immediately
adjacent thereto either in the rear thereof or on either side thereof, extending 100 feet
therefrom, or of those directly opposite thereto extending 100 feet from the street frontage of
the opposite lots, an amendment shall not become effective except by favorable vote of three -
fourths of all the members of the Village Council (NCGS §160A-385).
The Village Clerk shall certify that petitioners are in fact the owners of twenty percent (20%) of
certain specified properties as required above.
I 10 _ -I
1 �
STREET
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ARTICLE 5. BOARD OF ADJUSTMENT
Section 5-1: Creating the Board of Adjustment
The Saint Helena Village Council shall provide for the appointment of the Saint Helena Board of
Adjustment (hereinafter called the Board). Insofar as possible, members of the Board shall be
appointed from different areas within the Village's zoning jurisdiction. The Board shall consist
of a minimum of five (5) members. Insofar as possible, initial appointment to the Board shall be
as follows: one-third (1/3) for a term of three (3) years; one-third (1/3) for a term of two (2) years;
and one-third (1/3) for a term of one (1) year. Two (2) alternate members may be appointed for
a term of three (3) years to serve in the absence of regular members. The successor to the regular
and the alternate members shall be appointed for three (3) year terms. Vacancies shall be filled
for the unexpired term only. Members of the Board of Adjustment may be removed for cause by
the Village Council upon written charges and after public hearing.
Section 5-2: Meetings
The Board shall elect one of its members as Chairman and another as Vice -Chairman who shall
serve for one (1) year. The Board ofAdjustment shall appoint a secretary. The Board shall draw
up and adopt the rules of procedures under which it will operate. Meetings of the Board shall be
held at the call of the Chairman and at such other times as the Board may determine. The
Chairman, or in his absence, the vice -Chairman, may administer oaths and compel the attendance
of witnesses. All meetings of the Board shall be open to the public. However, the Board may
meet in executive session to vote on each case. The Board shall keep minutes of its proceedings,
showing the vote of each member upon every question, or his absence or failure to vote,
indicating such fact, and also keep records of its examination and any other official action.
Section 5-3: Filing and Notice for an Appeal
Appeals from the enforcement and interpretation of this Ordinance and appeals forvariances may
be taken to the Board ofAdjustment by any person aggrieved or by any office, department, board,
or bureau of the Village affected. Upon receipt of an appeal, the Building Inspector shall notify
the Town Attorneywithin seventy-two (72) hours. Notice of an appeal to the Board ofAdjustment
shall be filed with the Building Inspector. An appeal stays all proceedings in furtherance of the
action from, unless the Building Inspector certifies to the Board that by reason of facts stated in
the certificate of stay would, in his opinion, cause imminent peril to life and property, in which
case proceedings shall not be stayed otherwise than by a restraining order, which may be granted
by the Board or by a court of record.
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Hearing of the Appeal. After receipt of notice of an appeal, the Board Chairman shall schedule the
time for a hearing, which shall be at a regular or special meeting.
Notice. At least one (1) week prior to the date of the hearing, the Building Inspector shall furnish
all adjacent property owners with written notices of the hearing. Notice of Public Hearing shall
be published once a week for two (2) successive calendar weeks in the local newspaper. Public
notice may also be posted on the property concerned indicating the proposed change and date
of public hearing.
Fees forAppeal Variances. A fee, in accordance with the village's Fee Schedule, shall be paid to the
Village of Saint Helena, North Carolina, for each appeal, to cover the necessary administrative
costs and advertising.
Section 5-4: Powers and Duties
The Board of Adjustment shall have the following powers and duties:
(A) To hear and decide appeals where it is alleged by the appellant that there is error
in any decision made by the Building Inspector or other administrative officials in
the carrying out or enforcement of any provision of the Ordinance. A concurring
vote of four -fifths (4/5) of the members of the Board shall be necessary to reverse,
wholly, or partly any such decision.
(B) To authorize upon appeal in specific cases such variances from the terms of this
Ordinance as will not be contrary to the public interest where, owing to special
conditions a literal enforcement of the provisions of this Ordinance would result
in unnecessary hardship. In granting any variance, the Board may prescribe
appropriate conditions and safeguards in conformity with this Ordinance. A
variance from the terms of this Ordinance shall not be granted by the Board unless
and until the following findings are made:
(1) That special condition and circumstances exist which are peculiar to the
land, structure, or building involved and which are not applicable to other
land, structures, or buildings in the same district;
(2) That literal interpretation of the provisions of this Ordinance would
deprive the applicant of rights commonly enjoyed by other properties in
the same district under the terms of this Ordinance;
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(3) That the special conditions and circumstances do not result from the
actions of the applicant;
(4) That granting the variance requested will not confer on the applicant any
special privilege that is denied by this Ordinance to other land, structures,
or buildings in the same district.
Section 5-5: Appeal from the Board of Adjustment
An appeal from the decision of the Board of Adjustment may be made to the Pender County
Superior Court within thirty (30) days after the decision is made by the Board, but not thereafter.
34

ARTICLE 6. AMENDMENTS
Section 6-1: Amending the Ordinance
The Village Council may amend the text regulations and zoning map according to the procedures
outlined in this Article. The following action shall be taken by the applicant:
(A) Initiation of Amendments. Proposed amendments may be initiated by the Village
Council, Planning Board, Board of Adjustment or by one or more interested
parties.
(B) Application. An application for any amendment shall contain a description of the
proposed zoning regulation or district boundary to be applied. Such application
shall be filed with the Building Inspector not later than ten (10) working days prior
to the Planning Board meeting at which the application is to be considered.
(C) Fees. A fee, in accordance with the village's Fee Schedule, shall be paid to the
Village of Saint Helena, North Carolina, for each application for an amendment to
cover the costs of advertising and other administrative expenses involved.
Section 6-2: Action by the Planning Board
The Planning Board shall consider and make recommendations to the Village Council concerning
each proposed zoning amendment. The Planning Board may hold separate public hearings or may
sit concurrently with the public hearings held by the Village Council or may conduct public
hearings for the Village Council.
Section 6-3: Action by the Village Council
Notice and Public Hearing. No amendment shall be adopted by the Village Council until after public
notice and hearing. Notice of Public Hearing shall be published once a week for two (2)
successive calendar weeks in the local newspaper. Public notice may also be posted on the
property concerned indicating the proposed change and date of public hearing.
Before taking such lawful action as it may deem advisable, the Village Council shall consider the
Planning Board's recommendation on each proposed zoning amendment.
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(A) Petitions for amendments that receive a favorable recommendation ofthe Planning
Board or petitions on which the Planning Board fails to make its recommendation
within thirty (30) days after the Planning Board's public hearing, shall be scheduled
for public hearing before the Village Council. Such public hearing shall be duly
advertised.
(B) Petitions for amendments that receive an unfavorable or adverse recommendation
of the Planning Board may be appealed within ten (10) days of the date of such
adverse decision, to the Village Council by filing with the Clerk of the Board a
notice, in writing, stating therein the action of the Planning Board and the
amendment requested. Before taking action on any proposed amendment, the
Village Council shall hold a public hearing. Public hearings on proposed zoning
amendments will be held at such times as the Village Council shall decide.
Section 6-4: Resubmission of a Denial Petition
No resubmission of a denial petition may be resubmitted within six (6) months of its previous
denial.
Kij

ARTICLE 7. LEGAL PROVISIONS
Section 7-1: Provisions of Ordinance Declared to be Minimum Requirements
The provisions of this Ordinance shall be held to be minimum requirements, adopted for the
promotion of the public health, safety, morals, or general welfare. Wherever the requirements
of this Ordinance are at variance with the requirements of any other lawfully adopted regulations,
the most restrictive or that imposing the higher standards, shall govern.
Section 7-2: Complaints Regarding Violations
Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file
a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with
the Building Inspector. He shall record properly such complaint, immediately investigate, and
take action thereon as provided by this Ordinance.
Section 7-3: Penalties for Violation (NCGS § 160A-175)
(A) This ordinance may be enforced by civil penalty as provided below, appropriate
equitable remedies issuing from a court of competent jurisdiction, injunction, and
order abatement as provided by NCGS §160A-175, or any combination of the
foregoing.
(B) Civil Penalty.
(1) Violations of the provisions of this Ordinance or failure to comply with any
of its requirements (including violations of conditions and safeguards
established in connection with grants of variances) shall subject the
offender to a civil penalty.
(2) The owner or tenant of any building, structure, premises or part thereof
and any architect, builder, contractor, agent or other person who commits,
participates in or maintains such violation may each be subject to separate
civil penalties.
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(3) No civil penalty shall be assessed until the entity alleged to be in violation
has been sent a notice of the violation by registered or certified mail,
return receipt requested, or other means reasonably calculated to give
actual notice. The notice shall identify the violation with such particularity
that it may be corrected, set forth a time period within which the violation
must be corrected, state that the failure to correct the violation will result
in the assessment of a civil penalty (or penalties) and the nature of the
penalty. If after the allotted time has expired without corrective action,
civil penalties may be assessed from the date of the giving of the notice.
(4) The building inspector shall determine the amount of the civil penalty to
be assessed under this section and shall make written demand for payment
upon the violator. The demand shall set forth a description of the violation
for which the penalty,has been imposed. Notice of the assessment shall be
by registered or certified mail, return receipt requested, or other means
reasonably calculated to give actual notice. If payment is not received
within fifteen days after the notice of assessment is given, the matter shall
be referred to the Village attorney for collection by civil action in the
nature of debt.
(5) The amount of the civil penalty assessed shall be fifty dollars ($50.00) for
the first violation, one -hundred dollars ($100.00) for the second violation,
two -hundred dollars ($200.00) for the third violation and five -hundred
dollars ($500.00) for each succeeding violation. Each day the violation
persists shall be considered a separate violation. In the event of a civil
action as provided above, the costs of collection, including reasonable
attorneys' fees, shall be added to the penalty.
(6) A notice of violation may be appealed to the Board of Adjustment by
making a written request to the Village Clerk, and paying the fee for
hearing as set by the Village Council, within thirty (30) days of the receipt
of the notice of violation. The Board shall hear the appeal and may affirm,
modify or revoke the determination of the violation. Notices of
assessment may not be appealed
(C) The owner or tenant of any building, structure, premises, or part thereof, and any
architect, builder, contractor, agent, or other person who commits, participates
38

in, or maintains such violation may each be found guilty of a separate offense and
suffer the penalties herein provided.
(D) After the effective date of this Ordinance, any person who, being the owner or
agent of the owner of any land Iocated within the territorial jurisdiction of this
Ordinance, thereafter subdivides his land inviolation of this Ordinance or transfers
or sells land by reference to, exhibition of, or any other use of a plat showing a
subdivision of the land before the plat has been properly approved under the
terms of this Ordinance and recorded in the office of the Pender County Register
of Deeds, shall be guilty of a misdemeanor. The description by metes and bounds
in the instrument of transfer or other document used in the process of selling or
transferring land shall not exempt the transaction from this penalty. The Village,
through its attorney or other official designated by the Village Council may enjoin
illegal subdivision, transfer, or sale of land by action for injunction.
Section 7-4: Approval of Pender County Board of Health
The Building Inspector shall not issue a building permit for any structure which requires the Board
of Health's approval for the installation of a sewage disposal system until such approval has been
granted by the Pender County Board of Health. Evidence of approval shall accompany the
application for a building permit.
Section 7-5: Variances
Where, because of severe topographical or other conditions peculiar to the site, strict adherence
to the performance standards of this Ordinance would cause an unnecessary hardship, the Village
Council may, on recommendation of the Planning Board, authorize a variance to the terms of this
Ordinance only to the extent that is absolutely necessary and not to an extent which would
violate the intent of the Ordinance. Conditions upon which the request for a variation is based
shall be unique to the property for which the variation is sought, and are not applicable,
generally, to other property.
Section 7-6: Registration of Ordinance and Plats
The Register of Deeds shall not, after the effective date of this Ordinance, record a plat of a
subdivision of land lying within the jurisdiction of this Ordinance that has not been approved in
accordance with the provisions contained herein; nor shall the Clerk of Superior Court order or
39

direct the recording of a plat if the recording would be in conflict with the provisions or intent
of this Ordinance.
Section 7-7: Separability and Non -Liability
Should any section or provision of this Ordinance be declared by the courts to be unconstitutional
or invalid, such decisions shall not affect the validity of the Ordinance as a whole, or any part
thereof other than the part so declared to be unconstitutional or invalid.
The Village does not guarantee, warrant, or represent that only those areas designated as flood
lands will be subject to periodic inundation or that those soils listed as being unsuited for specific
uses are the only unsuitable soils, and hereby asserts that there is no liability on the part of the
governing body, its agencies or employees for any flood damages, sanitation problems, or
structural damages that may occur as the result of reliance upon, and conformance with, this
Ordinance.
Section 7-8: Effective Date
This Ordinance shall take effect and be in force from and after its adoption by the Village Council
of the Village of Saint Helena, North Carolina.
40

ARTICLE 8. NONCONFORMING SITUATIONS
Section 8-1: Continuation of Nonconforming Situations and Completion of
Nonconforming Projects
(A) Nonconforming situations that were otherwise lawful on the effective date of this
Ordinance may be continued, subject to the restrictions and qualifications set
forth in Sections 8-2 through 8-5 of this Article.
(B) Nonconforming projects may be completed only in accordancewith the provisions
of Section 8-6 of this Article.
Section 8-2: Nonconforming Lots
(A) When a nonconforming lot can be used in conformity with all of the regulations
(other than the area or width requirements) applicable to the district in which the
lot is located, such a use may be made as of right. Otherwise, the nonconforming
lot may be used only in accordance with a conditional use permit issued by the
Board of Adjustment. The Board shall issue such a permit if it finds that (1) the
proposed use is one permitted by the regulations applicable to the district in
which the property is located, and (2) the property can be developed as proposed
without any significant negative impact on the surrounding property or the public
health, safety, or welfare. In issuing the permit authorized by this paragraph, the
Board may allow deviations from applicable dimensional requirements (such as
setback lines and yard size minimums) if it finds that no reasonable use of the
property can be made without such deviations.
(B) Whenever this Ordinance creates a nonconforming lot and the owner of the
nonconforming lot also owns land adjacent to it, and a portion of this other land
can be combined with the nonconforming lot to create a conforming lot (without
thereby creating other nonconformities), the owner of the nonconforming lot, or
his successor in interest, may not take advantage of the provisions of paragraph
(A) of this Section.
41

Section 8-3: Extension or Enlargement of Nonconforming Situations
(A) Except as specifically provided in this Subsection, it shall be unlawful for any
person to engage in any activity that causes an increase in the extent of
nonconformity of a nonconforming situation.
(B) Subject to paragraph (D) of this Section, a nonconforming use may be extended
throughout any portion of a completed building that, when the use was made
nonconforming by this Ordinance, was manifestly designed or arranged to
accommodate such use. However, subject to Section 8-6 of this Article
(authorizing the completion of nonconforming projects in certain circumstances),
a nonconforming use may not be extended to additional buildings or to land
outside the original building.
(C) Subject to Section 8-6 ofthis Article (authorizing the completion of nonconforming
projects in certain circumstances), a nonconforming use of open land may not be
extended to cover more land than was occupied by that use when it became
nonconforming, except that a use that involves the removal of natural materials
from the lot (i.e., a quarry) may be expanded to the boundaries of the lot where
the use was established at the time it became nonconforming, if ten percent (10%)
or more of the earth products had already been removed at the effective date of
this Ordinance.
(D) The volume, intensity, or frequency of use of property where a nonconforming
situation exists may be increased and the equipment or processes used at a
location where a nonconforming situation exists may be changed if these or
similar changes amount only to changes in the degree of activity rather than
changes in kind and no violations of other paragraphs of this Section occur.
(E) Physical alteration of structures or the placement of new structures on open land
are unlawful if they result in:
(1) An increase in the total amount of space devoted to a nonconforming use;
(2) Greater nonconformity with respect to dimensional restrictions such as
yard requirements, height limitations, or density requirements; or
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(3) The enclosure of previously unenclosed areas, even though those areas
were previously used in connection with the nonconforming activity. An
area is unenclosed unless at least seventy-five percent (75%) of the
perimeter of the area is marked by a permanently constructed wall or
fence.
(F) Minor repairs to and routine maintenance of property where nonconforming
situations exist are permitted and encouraged. Major renovation — i.e., work
estimated to cost more than ten percent (10916) of the appraised value of the
structure to be renovated (and not required by the partial or total destruction of
a structure; see paragraph (H)) — may be done pursuant to a conditional use permit
issued by the Board of Adjustment. The Board of Adjustment shall issue such a
permit if it finds that the work will not result in a violation of any other paragraphs
ofthis Section (particularly paragraph (E)) or make the property more incompatible
with the surrounding neighborhood.
(G) Notwithstanding paragraph (E), any structure used for single-family residential
purposes and maintained as a nonconforming use may be replaced with a similar
structure of a larger size, so long as the replacement does not create new
nonconformities or increase the extent of existing nonconformities with respect
to yard size and setback requirements. In particular, a manufactured home may
be replaced with a larger manufactured home, and a "single -wide" manufactured
home may be replaced with a "double -wide." This paragraph is subject to the
limitations stated in Section 8-5 on abandonment and discontinuance of
nonconforming situations.
(H) A structure that is nonconforming in any respect or a structure that is used in a
nonconforming manner may be reconstructed or replaced if partially or totally
destroyed, subject to the following restrictions:
(1) A total amount of space devoted to a nonconforming use may not be
increased, except that a larger, single-family residential structure may be
constructed in place of a smaller one and a larger manufactured home
intended for residential use may replace a smaller one;
(2) The reconstructed building may not be more nonconforming with respect
to dimensional restrictions such as yard requirements, height limitations,
or density requirements, and such dimensional nonconformities must be
43

eliminated if that can reasonably be accomplished without unduly
burdening the reconstruction process or limiting the right to continue the
nonconforming use of such building;
(3) The reconstructed building may not enclose areas that were previously
unenclosed, even though those areas were used in connection with the
nonconforming activity. An area is unenclosed unless at least seventy-five
percent (75100) or more of the perimeter of the area is marked by a
permanently constructed wall or fence.
Except for single-family residential structures (including manufactured homes), if
the estimated cost of the reconstruction work exceeds ten percent (10%) of the
appraised value of the structure, the work may be done only after issuance of a
conditional use permit by the Board of Adjustment. The Board shall issue the
permit if it finds that the work will be done in accordance with this paragraph and
that the reconstructed buildingwill not make the property more incompatible with
the surrounding property than it was before the destruction occurred.
Section 8-4: Change in Kind of Nonconforming Use
(A) A nonconforming use may be changed to a conforming use. Thereafter, the
property may not revert to a nonconforming use.
(B) A nonconforming use may be changed to another nonconforming use only in
accordance with a permit issued by the Board of Adjustment. The Board shall
issue such a permit if it finds that the proposed use will be more compatible with
the surrounding neighborhood than the use or combination of uses in operation
at the time the permit is applied for.
Section 8-5: Abandonment and Discontinuance of Nonconforming Situations
(A) When a nonconforming use is (1) discontinued for a consecutive period of 180
days, or (2) discontinued for any period of time without a present intention to
reinstate the nonconforming use, the property involved may thereafter be used
only for conforming purposes, except as provided in paragraph (B) of this Section.
(B) The Board of Adjustment may issue a conditional use permit to allow a
nonconforming use that has been discontinued for more than 180 consecutive
44

days to be reinstated if it finds that (1) the nonconforming use has been
discontinued for less than two years, and (2) the discontinuance resulted from
factors that, for all practical purposes, were beyond the control of the person
maintaining the nonconforming use.
(C) If the principal activity on property where a nonconforming situation other than
a nonconforming use exists is (1) discontinued for a consecutive period of 180
days, or (2) discontinued for any period of time without a present intention of
resuming that activity, then that property may thereafter be used only in
conformity with all of the regulations applicable to the district in which the
property is located, unless the Board ofAdjustment issues a conditional use permit
to allow the property to be used (for a conforming purpose) without correcting the
nonconforming situation. The Board shall issue such a permit if it finds that (1) the
nonconforming situation cannot be corrected without undue hardship or expense,
and (2) the nonconforming situation is of a minor nature that does not adversely
affect the surrounding property or the general public to any significant extent.
(D) For purposes of determining whether a right to continue a nonconforming
situation is lost pursuant to this Section, all of the buildings, activities, and
operations maintained on a lot are generally to be considered as a whole. For
example, the failure to rent one apartment in a nonconforming apartment building
or one space in a nonconforming manufactured home park for 180 days shall not
result in a loss of the right to rent that apartment or space thereafter so long as
the apartment building or manufactured home park as a whole is continuously
maintained. But if a nonconforming use is maintained in conjunction with a
conforming use, discontinuance of a nonconforming use for the required period
shall terminate the right to maintain it thereafter. And so, if a manufactured home
is used as a nonconforming use on a residential lot where a conforming residential
structure also is located, removal of that manufactured home for 180 days
terminates the right to replace it.
(E) When a structure or operation made nonconforming by this Ordinance is vacant
or discontinued at the effective date of this Ordinance, the 180-day period for
purposes of this Section begins to run at the effective date of this Ordinance.
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Section 8-6: Completion of Nonconforming Projects
(A) All work on any nonconforming project shall cease on the effective date of this
Ordinance, and all permits previously issued for work on nonconforming projects
shall be revoked as of that date. Thereafter, work on nonconforming projects may
begin, or may be continued, only pursuant to a conditional use permit issued by
the Board ofAdjustment (except as provided in paragraph (B) of this Section). The
Board shall issue such a permit if it finds that the applicant has in good faith made
substantial expenditures or incurred substantial binding obligations or otherwise
changed his position in some substantial way in reasonable reliance on the land
use law as it existed before the effective date of this Ordinance and thereby would
be unreasonably prejudiced if not allowed to complete his project as proposed.
In considering whether these findings may be made, the Board shall be guided by
the following:
(1) All expenditures made pursuant to a validly issued and unrevoked building
or zoning permit shall be considered as evidence of reasonable reliance on
the land use law that existed before this Ordinance became effective.
(2) Except as provided in subparagraph (1), no expenditures made more than
180 days before the effective date of this Ordinance shall be considered as
evidence of reasonable reliance on the land use law that existed before this
Ordinance became effective. An expenditure is made at the time a party
incurs a binding obligation to make that expenditure.
(3) To the extent that expenditures are recoverable with a reasonable effort,
a party shall not be considered prejudiced by having made those
expenditures. For example, a party shall not be considered prejudiced by
having made expenditures to acquire a potential development site if the
property obtained is just as valuable under the new classification as it was
under the old, for the expenditure can be recovered by resale of the
property.
(4) An expenditure shall be considered substantial if it is significant both in
dollar amount and in terms of (1) the total estimated cost of the proposed
project, and (2) the ordinary business practices of the developer.
.14

(5) A person shall be considered to have acted in good faith if actual
knowledge of a proposed change in the land use law affecting the
proposed development site could not be attributed to him.
(6) Even though a person had actual knowledge of a proposed change in the
land use law affecting a development site, the Board may still find that he
acted in good faith if he did not proceed with his plans in a deliberate
attempt to circumvent the effects of the proposed ordinance. The Board
may find that the developer did not proceed in an attempt to undermine
the proposed ordinance if it determines that (1) at the time the
expenditures were made, either there was considerable doubt about
whether any ordinance would ultimately be passed, or it was not clear that
the proposed ordinance would ultimately be passed, or it was not clear
that the proposed ordinance would prohibit the intended development;
and (2) the developer had legitimate business reasons for making
expenditures.
(B) The requirements of paragraph (A) of this Section shall not apply to a
nonconforming project if the Building Inspector certifies that actual construction
of that project began at least 180 days before the effective date of this Ordinance
and that the work is at least seventy-five percent (75%) complete at the effective
date of this Ordinance.
(C) The Board ofAdjustment shall not consider any application for the conditional use
permit authorized by paragraph (A) of this Section that is submitted more than
sixty (60) days after the effective date of this Ordinance, unless it waives this
requirement for good cause shown.
(D) If the Board of Adjustment issues a conditional use permit pursuant to paragraph
(A) of this Section, it may attach such reasonable conditions to the permit as it
finds necessary to reduce the extent to which the nonconforming project is
incompatible with the surrounding neighborhood. In particular, the Board may
require that work on the nonconforming project be continuously maintained, if
possible, and that the project be completed as expeditiously as possible.
(E) The Building Inspector shall send copies of this Section to the owners (and
developers, if different from the owners) of all properties in regard to which
permits have been issued for nonconforming projects or in regard to which a
47

nonconforming project is otherwise known to be under construction. This notice
shall be sent by registered mail not less than fifteen (15) days before the effective
date of this Ordinance.
(F) The Board of Adjustment shall establish expedited procedures for hearing
applications for conditional use permits under this Section. These applications
shall be heard, whenever possible, before the effective date of this Ordinance, so
that construction work is not needlessly interrupted.
(G) When it appears from the developer's plans or otherwise that the nonconforming
project was intended to be or reasonable could be completed in stages, segments,
or other discrete units, the Board ofAdjustment shall not allow the nonconforming
project to be constructed or completed in a fashion that is larger or more
extensive than is necessary to allow the developer to recoup and obtain a
reasonable rate of return on the expenditures he has made in connection with that
nonconforming project.

ARTICLE 9. ZONING DISTRICTS
For the purposes of this Ordinance, the Village of Saint Helena and any extraterritorial area are
divided into the following use districts:
(A) R-5 Multifamily Residential District. The R-S Multifamily Residential District is
established as a district in which the principal use of land is for two-family and
multifamily residences. The regulations of this district allow intensive
development provided the necessary public or community water and sewer
systems are available.
(B) R-12 Residential District. The R-12 Residential District is established as a district
in which the principal use of land is for residential purposes and to insure that
residential development served by both community/public water and sewer
systems will occur at sufficiently low densities to maintain a healthful
environment.
(C) R 20 Residential Agricultural District. The purpose of the R-20 Residential -
Agricultural District shall be to maintain a compatible mixture of single-family
residential and agricultural uses with a density of two families per acre for
residential area without community water and/or sewer. The regulations of this
district are intended to discourage any use which because of its character would
substantially interfere with the development of residences and which would be
detrimental to the quiet residential nature of the areas included within this
district.
(D) RA 20 Residential Agricultural District. The purpose of the RA-20 Residential -
Agricultural District shall be to maintain a compatible mixture of single-family
residential and agricultural uses with a density of two families per acre for
residential areas without communitywater and/or sewer. Manufactured homes are
permitted in this district. The regulations of this district are intended to
discourage any use which because of its character would substantially interfere
with the development of residences and which would be detrimental to the quiet
residential nature of the areas included within this district.
49

(E) PUD Planned Unit Development District. A special district where multiple
residential and commercial uses may be proposed and density and lot dimensions
may be different from that stated in Article 11 in trade-off for significant
dedication of open space, alternative housing types, and affordable development.
(F) 0&I Office and Institutional District. The Office and Institutional District is
established as a district primarily for institutional, office, and commercial activities
having only limited contact with the general public, not involving the sale of
merchandise at retail except incidentally . The regulations of this district are
intended to encourage structures surrounding with ample open spaces including
that for yards and for off-street parking and loading of vehicles.
(G) B-1 Central Business District. The regulations for the Central Business District are
designed to permit a concentrated development of permitted facilities within the
central portion of Saint Helena with emphasis upon large scale stores and
specialized shops serving a retail trading area.
(H) B 2 Neighborhood Business District. The Neighborhood Business District is
established as a district in which the principal use of land is to provide for the
retailing of goods and services to the adjacent residential neighborhoods. The
regulations of this district are intended to provide for retail trades and services in
designed shopping areas, where the nature of the development occurring is
limited by standards designed to protect the adjacent residential areas.
(I) I-1 Light Industrial District. A district established to accommodate commercial
warehousing and light industrial uses.
Q) 1-2 Heavy Industrial District. A district designed for commercial, warehousing,
and industrial uses.
50

ARTICLE 10. TABLE OF PERMITTED USES
Section 10-1: Use Requirements by District
Districts in which particular uses are permitted as a use -by -right are indicated by "P." Uses not
specifically listed in the Table of Permitted Uses are prohibited.
Districts in which particular uses are permitted as a conditional use upon approval of the Village
of Saint Helena Village Council are indicated by "C." See the Table of Regulations for Conditional
Uses, Section 12-3, for details of each conditional use.
Districts in which particular uses are prohibited are indicated by a blank.
Any land use listed in the Table of Permitted Uses that incorporates or utilizes a drive-in facility
must have its site design plan and proposed traffic circulation and parking plan approved by the
Village of Saint Helena. Those plans must be approved prior to construction of the drive-in
facility.
Minimum zoning district area (acreage) requirements are defined in Article 11, Table of Area,
Yard, and Hei hg t Requirements.
51

TABLE OF PERMITTED USES
PERMITTED USES
ICS*
R-5
R-12
R-20
RA-20
PUD
0&1
B-1
B-2
1-1
1-2
ACCESSORY BUILDINGS TO RESIDENTIAL USES (See Note 2)
P
P
P
P
P
P
P
P
ADULT AND SEXUALLY ORIENTED ESTABLISHMENTS (See Note 3)
AGENCIES RENDERING SPECIALIZED SERVICES including real
estate, insurance, advertising, brokerage, stenographic, telephone
answering, and similar services
531210/
524210
P
P
AGRICULTURE, HORTICULTURE, OR WAYSIDE STAND FOR THE
SALE OF AGRICULTURAL PRODUCTS
P
P
P
AIRPORT AND RELATED ACTIVITIES
488119
P
ANTIQUE SHOP
453310
P
APPAREL AND OTHER FINISHED PRODUCTS MADE FROM FABRICS
AND SIMILAR MATERIALS
315
P
P
APPLIANCE STORE
443111
P
P
ARCHERY RANGE
713990
ASSISTED LIVING FACILITY
P
P
AUTOMOBILE ACCESSORIES STORE
441310
P
AUTOMOBILE SALES
441110
P
P
AUTOMOBILE SERVICE STATIONS (See Note 4)
447190
C
P
P
P
AUTOMOBILE, TRUCK, TRAILER, AND/OR BOAT SALES, SERVICE,
AND/OR RENTAL
532111/
532112
P
P
BAKERY
445291
P
P
P
BANKS AND OTHER FINANCIAL INSTITUTIONS
522120
P
P
P
P
BARBER AND BEAUTY SHOPS
812111/
812112
P
P
P
BICYCLE SHOP
451110
P
P
BOAT MANUFACTURER
336612
P
BOTTLING PLANT
312111
P
*ICS - North American Industry Classification System. See Note 1. 52

PERMITTED USES
ICS•
R-5
R-12
R-20
RA-20
PUD
0&1
B-1
B-2
1-1
1-2
BOWLING ALLEYS
713950
P
P
BUILDING CONTRACTOR AND RELATED ACTIVITIES
233
P
BUILDING SUPPLIES AND MATERIALS SALES AND STORAGE
444190
P
P
BULK PETROLEUM PLANT AND STORAGE
454312
P
BUS STATIONS
485113
P
CAMERA/PHOTOGRAPHY STUDIO
541922
P
P
CAMPS AND CAMPGROUNDS (See Note 5)
721211
CANDY STORE
445292
P
P
P
CHARITABLE INSTITUTIONS
813211
P
CHILD CARE HOME/CHILD CARE INSTITUTION
P
P
P
CHURCHES AND CEMETERIES
813110
P
P
P
P
P
P
CIVIGFRATERNAL USES
813410
P
CLINICS, MEDICAL AND DENTAL
621111/
621210
P
CLOTHING STORE
448140
P
P
COLD STORAGE, FREEZING PLANT, OR ICE STORAGE
493120
P
DAY NURSERIES AND KINDERGARTENS (See Note 6)
624410
P
P
P
P
C
P
DRIVING RANGE
713990
DRUGSTORE
446110
P
P
P
DUPLEX (Two-family dwelling provided the lot area minimum is
30,000 square feet)
C
C
C
C
P
DWELLING, MULTIFAMILY
P
C
P
DWELLING, SINGLE-FAMILY
P
P
P
P
P
DWELLING UNITS IN DETACHED, SEMI-DETACHED, ATTACHED,
OR MULTI -STORY STRUCTURES, OR ANY COMBINATION THEREOF
C
ELECTRICAL MACHINERY, EQUIPMENT, AND/OR SUPPLIES
335
P
FABRICATED METAL PRODUCTS
332
P
'ICS - North American Industry Classification System. See Note 1. 53

PERMITTED USES
ICS*
R-5
R-12
R-20
RA-20
PUD
0&1
B-1
B-2
1-1
1-2
FAMILY CARE HOME
P
P
P
FARM IMPLEMENT SALES AND STORAGE
422910
P
P
FARM MACHINERY SALES
421820
P
P
P
FEED AND GRAIN MIXING
311119
P
FLOWER SHOP
453110
P
P
P
FOOD AND KINDRED PRODUCTS
311
P
FORESTRY
113210
P
P
P
P
FUNERAL HOMES, UNDERTAKING ESTABLISHMENTS, EMBALMING
PROVIDED THERE BE ADEQUATE OFF-STREET PARKING
812210
C
FURNITURE STORE
442110
P
GAME FARM
114210
GIFT SHOP
453220
P
P
P
GOLF COURSE
713910
C
C
C
C
C
GRAIN SALES OR STORAGE
422510
P
GREENHOUSE OR PLANT NURSERY
444220
P
GROCERY STORE
445110
P
P
P
HALFWAY HOUSE
P
HANDICAPPED HOME/FIANDICAPPED INSTITUTION
P
P
HARDWARE STORE (including electrical, plumbing, wallpaper,
paint)
444130
P
P
P
P
HIKING
HISTORIC SITES
712120
P
P
HOBBY/CRAFT GOODS STORE
451120
P
P
P
HOME CARE UNIT
P
P
HOME OCCUPATION AND HOME PROFESSIONAL OFFICE (See
Note 7)
P
P
P
P
C
P
HOTELS/MOTELS
721110
-�-t
I
I
P
77t
*ICS - North American Industry Classification System. See Note 1. 54

PERMITTED USES
ICS'
R-5
R-12
R-20
RA-20
PUD
0&1
13-1
B-2
1-1
1-2
HOME FOR THE AGED
C
INDUSTRIAL RESEARCH
P
INTERMEDIATE CARE HOMEANTERMEDIATE CARE INSTITUTION
P
P
C
P
JEWELRY STORE
448310
P
P
LAUNDROMAT
812320
P
P
LAUNDRY AND DRY CLEANING PICKUP STATIONS
812320
P
P
P
LAUNDRY AND DRY CLEANING PLANTS
812332
P
P
LEATHER GOODS STORE
448320
P
P
LIME AND FERTILIZER MANUFACTURING AND STORAGE
327410
P
LIVESTOCK PRODUCTION
LIVESTOCK SALES PAVILION
422590
P
LUMBER AND WOOD PRODUCTS
321
P
MAGAZINE/BOOK STORE
451211
P
P
P
MANUFACTURED HOME PARKS (Shall meet the requirements set
forth in Article 16)
531190
P
MANUFACTURED HOMES ON INDIVIDUAL LOTS
531110
P
MARINA FACILITIES, BOAT DOCKS, RAMPS, PIERS, AND SIMILAR
STRUCTURES
713930
C
P
P
MEAT PACKING PLANT
311611
P
MODULAR HOMES
233210
P
MOTELS AND MOTOR COURTS (See Note 8)
721110
C
MOTORCYCLE SALES
441221
P
MOTOR FREIGHT TRANSPORTATION AND WAREHOUSING
484110
P
P
MUNICIPAL, COUNTY, STATE, AND FEDERAL OFFICES AND
BUILDINGS (not involving the outdoor storage of equipment or
materials)
233320
P
P
P
MUSEUMS AND ART GALLERIES
712110
P
'ICS - North American Industry Classification System. See Note 1. 55

PERMITTED USES
ICS*
R-5
R-12
R-20
RA-20
PUD
0&1
B-1
B-2
1-1
1-2
MUSICANSTRUMENT SHOP
421990
P
P
NOTION/DRY GOODS STORE
P
P
NURSING HOMES/NURSING INSTITUTIONS
623110
P
P
C
P
OFF-STREET PARKING
812930
P
P
OFFICES RENDERING PROFESSIONAL SERVICES including legal,
medical, dental, engineering, architectural, and similar institutions
621
P
P
P
P
OPEN SPACE
OUTDOOR THEATRE OR MUSEUM, AND TEMPORARY FACILITIES
SUCH AS AMUSEMENTS
713
PAINT STORE
444120
P
P
PARKING LOTS
812930
P
P
PARKING FACILITY, LOADING AREAS, ROTARY AIRCRAFT PORTS,
AND SIMILAR USES
PARKS AND PLAYGROUNDS
924120
P
P
PET STORE
453910
P
PICNIC GROUNDS
713990
POOL HALLS
713950
P
PRINTING ESTABLISHMENTS
323110
P
P
PRINTING, PUBLISHING, AND ALLIED INDUSTRIES
511130
P
P
PRIVATE CLUB OR LODGE
C
C
C
C
C
PRODUCERS OF PROFESSIONAL, SCIENTIFIC, AND/OR
CONTROLLING INSTRUMENTS; PHOTOGRAPHIC AND/OR OPTICAL
GOODS; WATCHES AND/OR CLOCKS
P
P
PUBLIC BUILDINGS including Fire, Police, Rescue, Library Facilities,
Community Centers, and Hospitals
92
C
C
C
P
C
P
P
PUBLIC UTILITY BUILDING OR USE
P
P
*ICS - North American Industry Classification System. See Note 1. 56

PERMITTED USES
ICS•
R-5
R-12
R-20
RA-20
PUD
0&1
B-1
B-2
1-1 .
1-2
PUBLIC WORKS AND PUBLIC UTILITY SUBSTATIONS including
water tanks, pumping stations, treatment plants and electric, gas,
oil pipeline, and telephone substations (See Note 9)
C
C
C
C
C
QUARRYING AND MINING
212321
p
RADIO/TELEVISION BROADCASTING STUDIOS
5131121
513120
P
P
RADIO/TELEVISION REPAIR
811211
P
RADIO/TELEVISION STORE
443112
P
RAILROAD TRANSPORTATION FACILITIES
488210
P
RECREATIONAL GROUNDS AND FACILITIES
P
P
P
P
P
P
RECREATIONAL VEHICLE PARK
721211
C
C
C
RESIDENTIAL CARE
P
P
C
P
RESIDENTIAL SHELTERS FOR THE TEMPORARY PLACEMENT OF
NEGLECTED/ABUSED CHILDREN NOT OVER THE AGE OF 13
624221
P
RESOURCE EXTRACTION SUCH AS SAND PITS
212321
REST AND CONVALESCENT HOMES
623110
P
P
RESTAURANTS/CAFETERIAS
722211
P
P
P
P
SANITARIUMS
p
SCHOOLS, PUBLIC AND PRIVATE
611110
P
P
P
P
C
P
SCRAP METALLIC WASTE PROCESSOR
p
SEED AND FEED STORE
444220
P
SEWAGE TREATMENT PLANT
221320
p
SHOE REPAIR SHOP
811430
p
P
SHOE STORE
4482
P
p
SIGNS (Shall meet the requirements set forth in Article 15)
P
P
P
P
C
P
p
SLAUGHTER HOUSE OR STOCKYARD
311611
p
SPORTING GOODS STORE
451110
p
p
*ICS - North American Industry Classification System. See Note 1. 57

PERMITTED USES
ICS*
R-5
R-12
R-20
RA-20
PUD
0&1
B-1
B-2
1-1
1-2
STONE, CLAY, GLASS, AND/OR CONCRETE PRODUCTS
327
P
STUDIOS FOR ARTISTS, DESIGNERS, PHOTOGRAPHERS, AND
OTHER SIMILAR ACTIVITIES
P
SWIMMING POOLS
713940
TAXI CAB AND/OR BUS STORAGE YARD
P
TAXI STANDS
485310
P
TELECOMMUNICATION TOWERS
C
C
TEMPORARY SIGN
P
TENNIS COURTS
713940
TEXTILE MILL PRODUCTS
313
P
THEATRES
711110
P
P
P
TIRE RECAPPING PLANT
326212
P
P
TOBACCO MANUFACTURES
3122
P
TOURIST HOMES AND GUEST HOMES
721199
P
P
TOY STORE
451120
P
P
TRAIN STATIONS
P
TRUCK STOP
447190
P
TRUCK TERMINAL
488490
P
UPHOLSTERY SHOP
811420
P
P
P
WATER PUMPING AND FILTRATION FACILITIES
221310
P
W14OLESALING AND WAREHOUSE
813910
P
WILDLIFE SANCTUARY
712190
*ICS - North American Industry Classification System. See Note 1. 58

Section 10-2: Notes to the Table of Permitted Uses
Note 1. The Standard Industrial Classification Codes indicated in the Table of Permitted
Uses are for reference purposes only, and do not mean that all uses under a specified code
heading as provided in the Standard Industrial Classification Manual are permitted or conditional
uses in the applicable zone.
Note 2. Accessory Buildings to Residential Uses. Provided that no accessory building shall be
rented or occupied for gain and provided all accessory buildings shall meet the minimum
dimensional requirements as defined herein.
Note 3. Adult and Sexually Oriented Establishments. The following adult businesses are
prohibited within the planning jurisdiction of the Village of Saint Helena: Adult Bookstore, Adult
Cabaret, Adult Establishment, Adult Live Entertainment, Adult Live Entertainment Business, Adult
Hotel, Adult Mini Motion Picture Theater, Adult Motion Picture Theater, EscortAgency, Exotic Car
Wash, Exotic Maid Service, Massage Business, Nude Model Studio, Sexual Encounter Center, and
Sexually Oriented Business.
Note 4. Service Stations. May be permitted as a conditional use in the B-1 district provided
the following requirements are met: shall have a minimum lot area of 7,000 square feet with a
frontage of not less than 100 feet. No portion of a service station building or equipment shall be
closer than 25 feet to the front property line. All automobile repair or storage shall be performed
inside a structure.
Note 5. Camp and Campgrounds. Must meet the following requirements:
(A) Camps shall have a minimum of five (5) acres of land.
(B) A minimum of three thousand (3,000) square feet of area shall be provided for each
tent or camping vehicle space.
(C) All buildings, tent space, and vehicle spaces shall be set back a minimum distance
of one hundred (100) feet from any property line to be maintained as a natural
buffer from all surrounding lots and uses.
(D) A sanitary source of drinking water shall not be more than four hundred (400) feet,
toilet facilities not more than four hundred (400) feet, and washhouses not more
than one thousand five hundred (1,500) feet from any tent or vehicle space. This
59

provision shall not apply where public and/or community water and sewer
connections are provided to vehicle having self-contained kitchens and bathroom
facilities.
(E) A preliminary plat drawn to a scale of not less than two hundred (200) feet to the
inch nor more than fifty (50) feet to the inch shall be submitted to the Saint Helena
Planning Board with each camp application providing sites for tents and recreation
vehicles. The sketch shall include the requirements set forth in the above and
other information that may be required by the Planning Board. The Planning Board
may require a final plat incorporating any changes set forth before final approval
of the camp sites is granted.
Note 6. Day Nurseries and Kindergartens. Provided that not less than seventy-five (75) square
feet of play area is provided for each child.
Note 7. Home Occupation and Home Professional Office. Provided the use is: conducted
entirely within a dwelling and carried on by the occupants, the use is clearly incidental and
secondary to the use of the dwelling for living purposes, the use does not change the character
thereof. Furthermore, there is no display, no stock in -trade nor commodity sold upon the
premises and employment is in connection with the home occupation. Such occupation shall be
carried on solely within the main dwelling and shall not occupy more than twenty-five percent
(25%) of the floor area of the dwelling. Beauty parlors and barber shops shall not be construed
as a home occupation.
Note 8. Motels and Motor Courts. Provided that all buildings be located not less than one
hundred (100) feet from a public right-of-way.
Note 9. Public Works and Public Utility Substations. Provided that all dangerous apparatus
shall be enclosed by a chainlink fence at least six (6) feet in height; no vehicles or materials shall
be stored on the premises and no offices shall be permitted; and that landscape is screened with
shrubs and other vegetation so as to blend with the surrounding area.
C�7

ARTICLE 11. TABLE OF AREA, YARD, AND HEIGHT REQUIREMENTS (See Notes 1 through 10, pages 61 & 62)
DISTRICT
MINIMUM LOT SIZE
MINIMUM YARD SETBACKS
Side Yard
Maximum
Front
Adjacent
Rear
Bldg.
Lot Area
Lot Width
Yard
Side Yard
to a Street
Yard
Height
R-5 Multi -Family Residential District
I" Unit - 5,000 sq. ft.
75 ft.
25 ft.
1 &2 stories - 15 ft.
20 ft.
10 ft.
35 ft.
2n' Unit - 3,000 sq. ft.
5 ft. additional for
additional
each story in
3 or more - 2,000 sq. ft.
excess of two
additional for each unit
above ground level
R-12 Residential District
12,000 sq. ft.
70 ft.
25 ft.
10 ft.
15 ft.
10 ft.
35 ft.
R-20 Residential -Agricultural District
20,000 sq. ft.
100 ft.
25 ft.
10 ft.
15 ft.
10 ft.
35 ft.
RA-20 Residential -Agricultural District
20,000 sq. ft.
100 ft.
25 ft.
10 ft.
15 ft.
10 ft.
35 ft.
PUD Planned Unit Development
25 acres
District
0&1 Office and Institutional District
Residential Uses
12,000 sq. ft.
70 ft.
Office & Institutional Uses
4 acres
5,000 sq. ft.
B-1 Central Business District
0
0
B-2 Neighborhood Business District
4 acres
5,000 sq. ft.
1-1 Light Industrial District
10,000 sq. ft.
75 ft.
1-2 Heavy Industrial District
43,560 sq. ft.
100 ft.
FP Floodplain District
5 acres
100 ft.
25 ft.
10 ft.
15 ft. 10 ft.
35 ft.
50 ft.
20 ft.
20 ft.
35 ft.
See Note 1
See Note 1
See Note 1 See Note 1
35 ft.
50 ft.
20 ft.
20 ft.
35 ft.
25 ft.
8 ft.
20 ft "
35 ft.
25 ft.
15 ft.
25 ft.***
50 ft.
25 ft.
10 ft. 20 ft.
35 ft.
*Shall be determined based upon the applicable zoning district(s) utilized within the PUD.
"Where rear yards abut residential areas 25 feet.
'70 foot rear yard where adjacent to residential district. A fence or plant buffer should be provided where adjacent to a residential area.
61

Section 11-1: Notes to the Table of Area, Yard, and Height Requirements
Note 1. Minimum Yard Setbacks in CBD. No yards are required except that if the rear of the
plot is adjacent to a residential district there shall be a twenty (20) foot rear yard and if side yards
are provided they must be at least three feet in width.
Note 2. Neighborhood Business District. For the purposes of calculating the minimum
dimensional and other requirements of this district, a single B-2 district can extend across a public
street. Any area designated as being zoned B-2 and lying on both sides of a public street shall be
deemed to be one B-2 district, and all minimum requirements shall be met by buildings on each
side of said public street as one district.
Note 3. Lot Coverage. The total ground area covered by the principal building and all
accessory buildings including any roofed area shall not exceed forty percent (409/o) of the total lot
area. In the B-2 Neighborhood Business District, total ground area shall not exceed fifty percent
(5096) and in the FP Floodplain District, it shall not exceed ten percent (10961).
Note 4. Off -Street Parking. Off-street parking shall be provided as required in Article 14 of
this Ordinance.
Note 5. Corner Visibility. On a corner lot, within the area formed by the center lines of the
intersecting streets and a line joining points on such center lines at a distance of eighty (80) feet
from their intersection, there shall be no obstruction to vision between a height of three (3) feet
and a height of ten (10) feet above the average center line grade of each street.
Note 6. No structure shall be less than fifty (50) feet from the street right-of-way. No other
yards are required except where a tract is adjacent to a residential district there shall be a fifty
(50) feet yard.
Note 7. Fences. Fences not exceeding a height of four (4) feet shall be exempt from the
yard and building setback line requirements of this Ordinance. Fences not exceeding a height of
six (6) feet to be erected only in side or rear yards shall be exempt from the yard and building
setback line requirements of this Ordinance, provided that no fence exceeding a height of four
(4) feet will be constructed within fifteen (15) feet to any street. In all cases, the corner visibility
provisions of this Ordinance shall be observed.
Note 8. Visibility at Intersections in Residential Districts. On a corner lot in any residential
district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as
62

materially to impede vision between a height of two and a half (2-1/2) and ten (10) feet above the
centerline grades of the intersecting streets in the area bounded by the street lines of such corner
lots and a line joining points along said street lines fifty (50) feet from the point of the
intersection.
Note 9. Exceptions to Height Regulations. The height limitations contained in this Section
do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other
appurtenances usually required to be placed above the roof level and not intended for human
occupancy.
Note 10. Accessory Building. No accessory building shall be erected within.five (5) feet of
any property line or other building.

ARTICLE 12. CONDITIONAL USE PERMITS
Section 12-1: Objectives and Purpose
Conditional uses add flexibility to the Zoning Ordinance. Subject to high standards of planning
and design, certain property uses are allowed in the several districts where those uses would not
otherwise be applicable. By means of controls exercised through the conditional use permit
procedures, property uses which would otherwise be undesirable in certain districts can be
developed to minimize any bad effects they might have on surrounding properties. Approval of
a conditional use permit is made the duty of the Village Council subject to recommendations of
the Planning Board.
The uses for which conditional use permits are required are listed in the Table of Permitted Uses.
A detailed description of the procedures which must be followed in the approval of each such
permit is included in Section 12-3. Uses specified in the Table of Permitted Uses shall be
permitted only upon the issuance of a conditional use permit.
Section 12-2: Procedure for Conditional Use Permit Granted by the Village Council on
Recommendation of the Planning Board
Conditional use permits may be issued by the Building Inspector, after approval by the Village
Council, for the uses as designated in the table of regulations for conditional uses and after
Planning Board review and recommendations. The petition for a conditional use permit and the
accompanying plans shall be submitted to the Building Inspector at least three (3) weeks prior to
the regular monthly Planning Board meeting at which it is to be heard. Such application shall
include all of the requirements pertaining to it as specified in this Section. The Planning Board
shall forward the application and its recommendations to the Village Council within thirty (30)
days after its review of the application. On receiving the application and the recommendations
of the Planning Board, the Village Council shall give notice of a public hearing five (5) days prior
to the date of the public hearing. At the public hearing, all interested persons shall be permitted
to testify. The Village Council shall consider the application and said recommendations of the
Planning Board, and may approve or deny the requested conditional use permit.
The conditional use permit, if approved, shall include approval of plans as may be required. In
approving the permit, the Village Council and Planning Board shall find as a specific finding of fact
and reflect in their minutes that the permit will comply with the following five facts:
64

(A) That the use will not materially endanger the public health, safety, or general
welfare if located where proposed and developed according to the plan as
submitted and approved;
(B) That the use meets all required conditions and specifications;
(C) That the use will not adversely affect the use or any physical attribute of adjacent
property, or that the use is a public necessity; and
(D) That the location and character of the use, if developed according to the plan as
submitted and approved, will be in harmony with the area in which it is to be
located and in general conformity with the Village of Saint Helena Land Use Plan;
(E) That the Village Council and Planning Board may impose additional requirements
beyond those specified in this section to accomplish 12-2 (A-D).
In approving the conditional use permit, the Planning Board may recommend, and the Village
Council may designate, such conditions in addition and in connection therewith as will, in its
opinion, assure that the use in its proposed location will be harmonious with the area in which
it is proposed to be located and with the spirit of this Ordinance. All such additional conditions
shall be entered in the minutes of the meeting at which the conditional use permit is granted and
also on the conditional use permit approving, and on the approved plans submitted therewith.
All specific conditions shall run with the land and shall be binding on the original applicant for
the conditional use permit, the heirs, successors, and assigns. In order to ensure that such
conditions and requirements for each conditional use permit will be fulfilled, the petitioner for
the conditional use permit may be required to enter into a contract with the Village of Saint
Helena providing for the installation of the physical improvements required as a basis for the
issuance of the conditional use permit. Performance of said contract shall be secured by cash or
surety bond which will cover the total estimated cost of the improvements as determined by the
Village of Saint Helena; provided, however, that said bond may be waived by the Village Council
within its discretion.
If the Planning Board recommends the disapproval ofthe conditional use permit, and ifthe Village
Council denies the permit, each body shall enter the reason for its action in the minutes of the
meeting at which the action is taken.
No appeal may be taken to the Board of Adjustment from this action of the Village Council in
granting or denying a conditional use permit. Any such action by the Village Council shall be
65

considered as the equivalent of action on a proposed zoning amendment and shall be reviewable
only in the same manner as action on a proposed amendment.
In addition to the conditions specifically imposed by the Village Council, conditional uses shall
comply with the height, area, and parking regulations of the zone in which they are located.
In the event of failure to comply with the plans approved by the Village Council or with any other
conditions imposed upon the conditional use permit, the permit shall thereupon immediately
become voidable following hearing. No building permits for further construction nor a certificate
of compliance under this conditional use permit shall be issued, and the use of all completed
structures shall immediately cease and such completed structures not thereafter be used for any
purpose other than a use -by -right as permitted by the zone in which the property is located.
Where plans are required to be submitted and approved as part of the application for a
conditional use permit, modifications of the original plans may be authorized by the Village
Council after review and recommendation by the Planning Board.
Section 12-3: Table of Regulations for Conditional Uses
For the uses designated by a "C" in the Table of Permitted Uses, the following information must
be submitted with the request for conditional use permit approval in the districts specified:
Minimum Lot Area: See Table of Yard, Area, and Height Requirements.
Buffering: As specified in Article 17 of this Ordinance, buffering may be required by the
Village Council.
Plans are required and must show:
Structures: Location of buildings and sign, and size of the sign.
Circulation: Proposed points of access and egress, and pattern of internal
circulation.
Parking: Layout of parking spaces.
Lighting: Lighting plan, inclusive of wattage and illumination.
Drainage: If required by the Building Inspector, proposed provision for storm
drainage (including retention pond facilities, when applicable).
M.

Other Requirements: The Planning Board and Village Council may provide additional
requirements as it deems necessary in order to make the proposed project more
compatible with adjacent areas and existing or proposed traffic patterns.
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ARTICLE 13. PLANNED UNIT DEVELOPMENT (PUD)
Section 13-1: Minimum Size
Twenty-five (25) acres (this may include parcels on both sides of a street).
Section 13-2: Maximum Overall Density
Six (6) dwelling units per acre.
Section 13-3: Open Space Requirement
Fifteen percent (15%) of the total PUD area shall be maintained as open space. Street rights -of -
way, parking lots, building areas (as defined), and yards held in individual ownership shall not
constitute any part of the required open space; however, building areas for recreational facilities
may be computed as open space. At least ninety-two percent (92%) of all approved open space
shall be commonly owned by a homeowners' or property owners' association. Eight percent (89o/)
of the open space area may be privately -owned open space. Any open space land use not
included under approval of the PUD Land Use Plan must be reviewed by the Planning Board and
approved by the Village of Saint Helena Village Council prior to its development. Areas to be used
as open space must be protected through a deed restriction and noted on the final plat.
Section 13-4: Streets
A dense network of narrow streets with reduced curb radii may be fundamental to sound PUD
design. This network serves to both slow and disperse vehicular traffic and provide a pedestrian
friendly atmosphere. Such alternate guidelines are encouraged when the overall design ensures
that non -vehicular travel is to be afforded every practical accommodation that does not adversely
affect safety considerations. The overall function, comfort, and safety of a multi -purpose or
"shared" street are more important than its vehicular efficiency alone.
PUDs should have a high proportion of interconnected streets, sidewalks, and paths. Streets and
rights -of -ways are shared between vehicles (moving and parked), bicycles, and pedestrians. A
dense network of PUD streets should function in an interdependent manner, providing continuous
routes that enhance non -vehicular travel. Most PUD streets should be designed to minimize
through traffic by the design of the street and the location of land uses. Streets are designed to
only be as wide as needed to accommodate the usual vehicular mix for that street while providing

adequate access for moving vans, garbage trucks, fire engines, and school buses (see Appendix
I).
Section 13-5: Residential Development
The applicable area, yard, and height requirements as contained in Article 11 of this Ordinance
shall be adhered to. The applicable yard setback requirements for single-family structures shall
be based upon the square footage of the lot. All multifamily developments shall adhere to the
applicable development regulations contained herein.
Section 13-6: Commercial Development
The proposed development should have a mixture of residential and non-residential land uses,
with up to ten percent (10%) of the developed area consisting of non-residential uses. Most non-
residential uses should be located within a community core area and not on the periphery of the
PUD. Within the core area, a minimum of fifteen percent (15%) of floor area must be devoted to
commercial uses oriented towards PUD residents. Elementary schools are an important
community element. Public structures, such as schools, churches and civic buildings, and public
open spaces, such as squares, parks, playgrounds, and greenways should be integrated into the
neighborhood pattern.
Section 13-7: Industrial Development
Industrial development shall not be allowed within the PUD zone.
Section 13-8: Procedure
(A) Application for Zoning Map Amendment. A petition for a zoning map amendment to
establish a planned unit development district (PUD) shall be submitted to the
Planning Board and Village Council and administered in accordance with the
provisions of the Zoning Ordinance for amendments as defined by Article 6 of this
Ordinance.
(1) Criteria. In addition to other considerations, the following may be utilized
by the Planning Board and Village Council in evaluation of a rezoning
petition to establish a planned unit development zoning district:

(a) That the total development can create a needed residential
environment;
(b) That existing or proposed utility and other public services are
adequate for the anticipated population densities; and
(c) That the planned unit development is in general conformity with
the village's comprehensive Land Use Plan.
(2) Zoning Map Designation. Following Village Council approval of a rezoning
petition to establish a planned unit development district (PUD), the
property for which approval was granted by the Ordinance shall be labeled
"PUD" on the official zoning map of the Village of Saint Helena. No permits
for development shall be issued within any area designated as "PUD" unless
the provisions as set forth herein are complied with. If a conditional use
permit application is not filed with the Planning Board within twelve (12)
months of such amendment, the Village Council shall reserve the right to
rezone the property to the original zoning classification.
(B) Application for Conditional Use Permit. An application for a conditional use permit
to develop a specific planned unit development shall only be considered when the
property is zoned planned unit development district (PUD). Application shall be
submitted in accordance with Article 12.
(1) Criteria. In addition to other considerations, the following may be utilized
by the Planning Board in evaluation of a conditional use permit pursuant
to G.S. 160A-338(a):
(a) That the proposed population densities, land uses, and other
special characteristics of development can exist in harmony with
adjacent areas;
(b) That the adjacent areas can be developed in compatibility with the
proposed planned unit development; and
(c) That the proposed planned unit development will not adversely
affect traffic patterns and flow in adjacent areas.
(C) Site Plan. All applications for approval of a planned unit development conditional
use permit shall be accompanied by a Land Use Plan prepared by a registered
engineer or surveyor, submitted in accordance with the Village of Saint Helena
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Subdivision Regulations for preliminary plats and which shall include but not be
limited to the following:
(1) The numbers and types of residential dwelling units including density and
the delineation of nonresidential areas;
(2) Planned primary and secondary traffic circulation patterns showing
proposed and existing rights -of -ways and easements;
(3) Common open space and recreation areas to be developed or preserved in
accordance with this Section. Peripheral boundary setback shall be
indicated;
(4) Plans for water, sanitary sewer, storm sewer, natural gas, and electric
utilities;
(5) The delineation of areas to be constructed in sections, showing acreage;
(6) Soil maps prepared according to the United States cooperative soil survey
standards as published in the Pender County Soil Survey;
(7) Boundary survey of the tract showing courses and distances and total
acreage, including zoning, land use, and lot lines of all contiguous
property;
(8) Existing vegetation;
(9) Flood hazard areas including base flood elevation;
(10) Topographic contours at a maximum oftwo-foot intervals showing existing
grades;
(11) Site data including vicinity sketch, north arrow, engineering scale ratio,
title of development, date of plan, name and address of owner/developer
and person or firm preparing the plan;
(12) Any other information as may be required by the Planning Board.
71

(13) Copies of or statements addressing the following:
(a) Drafts of or statements addressing any declarations of covenants,
conditions, or restrictions which create a homeowners' association
for the perpetual ownership and maintenance of all common open
space and other areas including, but not limited to, recreation
areas, private streets, parking areas, landscaping, and the like. A
private facilities maintenance analysis to determine actual costs of
maintenance of such common facilities may be required by the
Planning Board in order to assess the feasibility of such private
maintenance;
(b) Drafts of or statements addressing any proposed declarations to be
recorded pursuant to the North Carolina Condominium Act (G.S.
Chapter 47C);
(c) The names and current mailing addresses of all property owners
who own property within one hundred (100) feet of the proposed
development including tax map designation and parcel numbers as
listed upon the tax records of Pender County at the time of
submission of the conditional use permit application; and
(d) The deed book and page number(s) showing fee simple title of all
property within the planned unit development as listed in the
Pender County Register of Deeds.
(D) Preliminary Plat -Site Plan Requirements. After approval of the conditional use permit
as set forth herein, the developer shall submit the following according to the
approved schedule of development:
(1) All information required by and in accordance with the Village of Saint
Helena Subdivision Regulations for preliminary plats;
(E) Final Plat Requirements. After approval of the preliminary plat as set forth herein,
the developer shall submit the following according to the approved schedule of
development:
(1) All information required and in accordance with the Village of Saint Helena
Subdivision Regulations for submission of the final plats;
(2) The following additional information shall be required:
72

(a) Maintenance agreements concerning all common areas, private
streets, and utilities; and
(b) All information as required and in accordance with G.S. Chapter
47C, North Carolina Condominium Act.
Section 13-9: Homeowners' Association
(A) No final plat shall be approved until all required legal instruments have been
reviewed and approved by the Village Attorney as to legal form and effect.
(B) If common open space is deeded to a homeowners' association, the owner or
developer shall file a declaration of covenants, conditions, and restrictions that
will govern such association. The provisions of such declaration of covenants,
conditions, and restrictions shall include, but not be limited to, the following:
(1) The homeowners' association documents must be recorded before any
property is sold in the development;
(2) Membership must be mandatory and automatic when property is
purchased in the development;
(3) The open space requirement must be permanent, not just for a period of
years;
(4) The association must be responsible for liability insurance, local taxes, and
maintenance of recreational and other common facilities including private
streets;
(5) Homeowners must pay their pro rata share of the cost; the assessment
levied by the association can become a lien on the property;
(6) The association must be able to adjust the assessment to meet changed
needs;
(7) Covenants for maintenance assessments shall run with the land;
(8) Provision insuring that control of such association will gradually be vested
in the homeowner's association; and
73

(9) All lands so conveyed shall be subject to the right of the grantee or
grantees to enforce maintenance and improvement of the common
facilities.
Section 13-10: Amendment to Site Plan Conditional Use Permit
(A) Minor Changes. Amendment to the approved PUD Land Use Plan that in the opinion
of the Building Inspector does not substantially change the concept of the planned
unit development as approved may be allowed. Such minor changes may include
but not be limited to small site alterations such as realignment of streets and
relocation of utility lines due to engineering necessity. The developer shall
request such amendment in writing, clearly setting forth the reasons for such
changes. If approved, the Land Use Plan shall be so amended prior to submission
of any preliminary plat -site plan application involving or affecting such
amendment. Appeal from the decision of the Building Inspector may be taken to
the Board of Adjustment.
(B) Major Changes. Amendments to the approved Land Use Plan that in the opinion of
the Building Inspector do in fact involve substantial changes and deviations from
the concept of the planned unit development as approved shall require review
pursuant to Article 13-8. Such major changes shall include, but not be limited to,
increased density, land use, location of use, open space, recreation space,
condition(s) of planning and zoning commission approval and street pattern.
Appeal from the decision of the Building Inspector may be taken to the Board of
Adjustment.
(C) Authority. Minor changes may be approved administratively by the Building
Inspector. Major changes shall require planning and zoning commission approval.
(D) Variances. The Village of Saint Helena Board ofAdjustment shall not be authorized
to grant or approve any variance from the minimum requirements as set forth in
this Section or condition as approved by the Planning Board.
74

ARTICLE 14. OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS
Section 14-1: Off -Street Parking Requirements
There shall be provided at the time of the erection of any building, or at the time any principal
building is enlarged or increased in capacity by adding dwelling units, guest rooms, seats, or floor
area; or before conversion from one type of use or occupancy to another, permanent off-street
parking space in the amount specified by this Ordinance. Such parking space may be provided
in a parking garage or properly graded open space. No off-street parking or loading shall be
permitted in a required yard or open space, except in the case of a single or two (2) family
dwelling.
Section 14-2: Minimum Parking Requirements
Each application for a building permit shall include information as to the location and dimensions
of off-street parking and loading space and the means of ingress and egress to such space.
Required off-street parking area for three (3) or more automobiles shall have individual spaces
marked, and shall be so designed, maintained, and regulated that no parking or maneuvering
incidental to parking shall be on any public street, walk, or alley, and so that any automobile may
be parked and unparked without moving another. This information shall be in sufficient detail
to enable the Building Inspector to determine whether or not the requirements of this Ordinance
are met. Each automobile parking space shall not contain less than one hundred and eighty (180)
square feet.
Section 14-3: Combination of Required Parking Space
The required parking space for any number of separate uses may be combined in one lot but the
required space assigned to one use may not be assigned to another use, except that one half ('iz)
of the parking spaces required for churches, theater, or assembly halls whose peak attendance
will be at night or on Sundays may be assigned to a use which will be closed at night and on
Sundays.
Section 14-4: Remote Parking Space
If the off-street parking space required by this Ordinance cannot be reasonably provided on the
same lot on which the principal use is located, such space may be provided on any land within
four hundred (400) feet of the main entrance to such principal use.
75

Section 14-5: Separation from Walkways, Sidewalks, and Streets
All parking, loading, and service areas shall be separated from walkways, sidewalks, and streets
by curbing and other suitable protective device to prevent vehicles from intruding into these
areas.
Section 14-6: Minimum Parking Requirements
The following off-street parking space shall be required and maintained:
Auditorium or Theater
Automobile Wash
Automobile Parts and Accessory Sales
Automobile Service Station Operations
Bank
Barber and Beauty Shops
Bicycle Shop
Bowling Alley
One (1) space for each four (4) seats in the
largest assembly area.
One (1) space for each two (2) employees on
shift of greatest employment, plus one (1)
space for the manager. Plus sufficient space
for twelve (12) stacking/queuing spaces per
day.
One (1) space per each four hundred (400)
square feet of leasable area, plus one (1) space
for each employee on the maximum work
shift.
One and one-half (1-1/2) spaces for each fuel
nozzle. In addition, one (1) parking space
shall be provided for each fifty (50) square feet
of usable floor area in the cashier's and office
areas. In no instance shall such a facility
provide less than three (3) parking spaces. In
no instance shall a required parking space or
its maneuvering area conflict with vehicles
being fueled or awaiting fuel.
One (1) space per each four hundred (400)
square feet of floor area up to 20,000 square
feet, plus one (1) for each five hundred (500)
square feet of floor area in excess of 20,000
square feet.
Two (2) spaces per beauty or barber chair.
Three (3) spaces per one thousand (1,000)
square feet of gross floor area.
Three (3) spaces per alley plus requirements
for any other use associated with the
establishment such as restaurant, etc.
76

Churches and Cemeteries
Clinic Services, Medical and Dental
Day Nurseries and Kindergartens
Dwelling, Two-family and Multifamily
(including manufactured homes)
Fraternity and Sorority
Funeral Homes
One (1) space for each four (4) seats in the
sanctuary.
Four (4) spaces for each doctor plus one (1)
space for each employee.
One (1) space for each adult attendant and
one (1) space for every six (6) children or
fraction thereof.
Two (2) spaces on the same lot for each
dwelling unit.
One (1) space for each resident occupant.
One (1) space for each five (5) seats in the
chapel or parlor, plus one (1) for each funeral
vehicle.
Golf Course, Par 3 or Miniature Golf Course Three (3) spaces for each hole plus
requirements for any other use associated
with the golf course, restaurant, etc.
Greenhouse or Plant Nursery
One (1) space per one thousand (1,000) square
feet of total sales area.
Home Occupations (except medical doctors, Two (2) spaces in addition to the residential
dentist offices, and/or beauty salons) parking requirements
Home Occupations - Medical Doctors,
Dentist Offices, and/or Beauty Salons in
Residence
Hospital or Sanitarium Care
Hotel, Motel, or Motor Court Operations
Industrial or Manufacturing Establishment or
Warehouse
Laundry and Dry Cleaning Pickup Stations
Nursing Homes, Rest Homes, and
Convalescent Homes
Offices, General or Professional
77
Three (3) spaces in addition to the residential
parking requirements.
Two (2) spaces for each bed.
One (1) space for every rental room plus one
(1) space for each two (2) employees.
One and one-half (1-1/2) spaces for each two
(2) employees on shift of greatest
employment, one (1) space for each
managerial personnel, one (1) visitor parking
space for each ten (10) managerial personnel,
and one (1) space for each vehicle used
directly in conduct of the business.
One (1) space for each two hundred (200)
square feet of gross floor area used by the
general public.
One (1) space per three (3) residents, plus one
(1) additional space for each employee.
One (1) space for each three hundred (300)
square feet of gross floor area.

Private Club or Lodge
Residential Use Consisting of One or More
Dwelling Units
Restaurant or Place Dispensing Food, Drink,
or Refreshments
Restaurant, Drive -In
Retail Use Not Otherwise Listed
Schools, Elementary and junior High
Schools, Senior High
Stadiums
Swimming Pool
Telecommunication Towers
Theater Productions, Indoor
Theater Productions, Outdoor
Wholesale establishments, warehouses, and
other businesses not catering to retail or
package trade
One (1) space for each one hundred (100)
square feet of gross floor area.
Two (2) spaces on the same lot for each
dwelling unit.
One (1) space for each three (3) seats plus one
(1) space for each two (2) employees.
One (1) space for each three (3) seats plus a
minimum of fifteen (15) spaces for drive-in
service plus one (1) space for each two (2)
employees.
One (1) space for each three hundred (300)
square feet of gross floor area.
One (1) space for each classroom and
administrative office, plus one (1) additional
parking space for each one hundred (100)
students.
One (1) space for each ten (10) students for
which the building was designed plus one (1)
parking space for each classroom and
administrative office.
One (1) space for each four (4) spectator seats.
Two (2) spaces for every one hundred (100)
square feet of water area.
Four (4) spaces per one thousand (1,000)
square feet.
One (1) space for each four (4) seats in the
largest assembly area.
One (1) space for each forty-five (45) square
feet of assembly or floor area.
One (1) space for every one thousand (1,000)
square feet of gross floor area.
Special situations which are not covered by the above shall be handled by the Board of
Adjustment. The Board of Adjustment shall make the final determination as to the number of
spaces to be required, but shall in all cases give due consideration to the needs therefor.
78

Section 14-7: Off -Street Loading Requirements
In any district in which a building hereafter erected is to occupied by any manufacturing,
processing, assembly, wholesaling, retailing, laundrying, dry cleaning, or similar activity requiring
the receiving or distribution by vehicles of material or merchandise, there shall be provided and
maintained on the same lot with such building at least one (1) off-street loading space plus one
(1) additional space for every twenty thousand (20,000) square feet or major fraction thereof of
gross floor space in excess often thousand (10,000) square feet. Each such loading space shall
be at least ten (10) feet in width, twenty-five (25) feet in length, and shall have a height clearance
of at least fourteen (14) feet.
Section 14-8: Parking, Storage, or Use of Major Recreational Equipment
For the purposes of this Ordinance, major recreational equipment is defined as including boats
and boat trailers, recreational vehicles, pick-up campers or coaches (designed to be mounted on
automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for
transporting recreational equipment, whether occupied by such equipment or not. No major
recreational equipment shall be parked or stored on any lot in a residential district except in a
carport or enclosed building or behind the nearest portion of a building to a street, provided
however that such equipment may be parked anywhere on residential premises for not to exceed
twenty-four (24) hours during loading or unloading. No such equipment shall be used for living,
sleeping, or housekeeping purposes when parked or stored on a residential lot, or in any location
not approved for such use.
79

ARTICLE 15. REGULATIONS FOR SIGNS AND BILLBOARDS
Section 15-1: Intent
It is the purpose of this Article to permit signs of a commercial, industrial, and residential nature
in districts which have uses with appropriate need for signs and to regulate the size and
placement of signs intended to be seen from a public right-of-way.
Section 15-2: General Provisions
All signs within the jurisdictional area shall be covered by these regulations and shall be erected,
constructed, and maintained in accordance with the provisions of this Ordinance, the North
Carolina State Building Code, and the National Electrical Code. Only those signs that are specified
shall be created within the jurisdictional areas of this Ordinance.
Section 15-3: Traffic Safety
No sign shall be erected or continued that:
(A) Obstructs the sight distance at intersections or along a public right-of-way;
(B) Would tend by its location, color, or nature, to be confused with or obstruct the
view of traffic signs or signals, or would be confused with a flashing light of an
emergency vehicle; or
(C) Which might be confused with traffic directional signals and signs such as "stop,"
"go," "slow,", "danger," etc.
Section 15-4: Maintenance
Whenever a sign becomes structurally unsafe or endangers the safety of a building or the public,
the Building Inspector shall order that such sign be made safe or removed. A period of ten (10)
days following receipt of said order by the person, firm, or corporation owning or using the sign
shall be allowed for compliance.
�Y;

Section 15-5: Construction Prohibited
No sign shall be attached to or painted on any telephone pole, light pole, telegraph pole, or other
man-made objects not intended to support a sign or any tree, rock, or other natural objects.
Section 15-6: Illumination
Illumination devices such as, but not limited to, flood or spot lights shall be so placed and so
shielded as to prevent the rays of illumination from being cast upon neighboring buildings and/or
vehicles approaching from either direction.
Section 15-7: Nonconforming Signs
All signs or advertising structures located in districts where theywould not be permitted as a new
use under the terms of these regulations are hereby declared to be nonconforming uses.
Nonconforming signs shall be removed within three (3) years of the adoption of this Ordinance.
However, signs that are nonconforming as a result of improper illumination shall be made to
conform to the requirements of this Ordinance within one (1) year.
Section 15-8: Exclusion
Signs listed below are excluded from these regulations:
(A) Signs not exceeding one (1) square foot in area and bearing only property
numbers, post office box numbers, names of occupants of premises, or other
identification of premises not having commercial connotations;
(B) Flags and insignias of any government except where displayed in connection with
commercial promotion;
(C) Legal notices, identification, information, or directional signs erected or required
by governmental bodies;
(D) Integral decorative or architectural features of buildings, except letters,
trademarks, moving lights, or moving parts; and
(E) Signs directing and guiding traffic and parking on private property, but bearing no
advertising matter.
81

Section 15-9: Administration
The Building Inspector shall issue a permit for the erection of construction only for a sign which
meets the requirements of this Ordinance.
Section 15-10: Filing Procedure
Applications for permits to erect, hang, place, paint, or alter the structure of a sign shall be
submitted on forms obtainable from the Building Inspector. Each application shall be
accompanied by a plan showing the following:
(A) Area of the sign;
(B) Size, character, general layout, and designs proposed for painted displays;
(C) The method and type of illumination, if any;
(D) The location proposed for such signs in relation to property lines, zoning district
boundaries, right-of-way lines, and existing signs;
(E) If conditions warrant it, the Building Inspector may require such additional
information as will enable him to determine if such sign is to be erected in
conformance with -the requirements of this Ordinance; and
(F) Payment of fee to obtain building permit.
Section 15-11: Signs Which Do Not Require a Permit
The following signs may be erected, hung, or placed without a permit from the Building Inspector
but shall not be illuminated unless otherwise specified.
(A) Temporary Real Estate Sign. One (1) temporary real estate sign not exceeding ten
(10) feet in area shall be permitted per residential lot. One (1) temporary real
estate sign not exceeding thirty-two (32) square feet in area shall be permitted, for
commercial or industrial property, and/or for tracts of land five (5) acres or more
in area. Where the property on which said sign is to be placed faces more than
one (1) street, one (1) such sign shall be allowed on each street frontage.
82

(B) Temporary Construction Sign. One (1) temporary construction site sign not
exceeding thirty-two (32) square feet erected on the site during the period of
construction to announce the name of the owner or developer, contractors,
architect, land planner, landscape architect, engineer, and/or mortgage banker.
(C) Direction or Information Sign. Direction or information signs of a public of quasi -
public nature shall not exceed thirty-two (32) square feet in area. Such signs shall
only be used for the purpose of stating or calling attention to:
(1) The name or location of the village, hospital, community center, public or
private school, church, synagogue, or other place of worship —this type of
sign may be illuminated.
(2) The name of a place of meeting of an official or civic body, or fraternal
organization — this type of sign may be illuminated.
(3) An event of public interest such as public hearing, rezoning announcement,
general election, church or public meeting, local or county fair, and other
similar community activities and campaigns.
(4) Soil conservation, 4-H, and similar projects.
(5) Zoning and subdivision jurisdiction boundaries.
(6) Name of a subdivision or other building project (sign may include name of
project, real estate agency, architect, engineer, mortgage banker, etc.)
Section 15-12: Setback Requirements
Signs which do not require a permit shall be set back at least ten (10) feet from any public right-
of-way line or property line and shall be set back at least fifty (50) feet from any road intersection.
Section 15-13: Signs Which Require a Permit
No sign except those listed in Section 15-11 shall be erected, hung, or structurally altered without
a permit from the Building Inspector. The following signs shall be erected, hung, placed, or
structurally altered only after a permit has been issued by the Building Inspector and the
minimum requirements for such signs are met.
83

Section 15-14: Principal Use Signs
(A) Principal use signs shall be permitted in all districts with the exception of
Residential Districts R-5 and R-12.
(B) Each principal use sign shall require a permit.
(C) Principal use signs may be illuminated.
(D) Principal use signs shall be set back at least ten (10) feet from any right-of-way line
or property line and shall not obstruct the vision of a street intersection for a
distance of fifty (50) feet from the right-of-way of the intersection.
(E) No principal use sign shall be permitted that exceeds three hundred (300) square
feet of sign area.
(F) No principal use sign shall exceed forty (40) feet in height measured from the
finished grade of the lot to the top of the sign structure.
(G) The combined total sign area of all principal use signs on the premises shall not
exceed seven hundred (700) square feet or six (6) square feet of sign area per linear
foot of street frontage in single ownership, whichever is less.
Section 15-15: Outdoor Advertising Signs
(A) Outdoor advertising signs shall be permitted in all districts with the exception of
Residential Districts R-5 and R-12.
(B) Each outdoor advertising sign shall require a permit.
(C) An outdoor advertising sign may be illuminated.
(D) An outdoor advertising sign shall not exceed three hundred (300) square feet in
copy area. Double facing and/or side by side outdoor advertising signs (limit of
two (2) such signs) may be permitted provided each sign does not exceed three
hundred (300) square feet in copy area.

(E) Where outdoor advertising signs are free standing, uprights shall be spaced no
more than twelve (12) feet on centers. The minimum clear distance between the
ground level and the bottom of the trim shall be ten (10) feet.
(F) No outdoor advertising sign shall be located within one hundred (100) feet of any
residential structure, and all outdoor advertising signs shall be set back at least ten
(10) feet from any right-of-way line or property line. All outdoor advertising signs
shall be fifty (50) feet from a right-of-way intersection.
(G) No outdoor advertising sign shall exceed fifty (50) feet in height measured from
the finished grade of the lot to the top of the sign structure. Roof top outdoor
advertising sign shall not exceed fifty (50) feet in height measured from the
finished grade of the lot to the top of the sign structure.
(H) The minimum distance between outdoor advertising signs shall be three hundred
(300) feet.
(1) The backs of all outdoor advertising signs (except double facing signs) shall be
painted in a neutral color to blend with the surrounding area and to prevent the
reflection of car lights and sun light.
[.OR

ARTICLE 16. MANUFACTURED HOME PARK REGULATIONS
Section 16-1: Location
No person may locate or cause to be located or, in regard to property under his possession or
control on a tract of land other than a manufactured home park or recreational vehicle park in
accordance with this Section.
Section 16-2: Compliance
All manufactured home parks existing on the effective date of this Ordinance are required to
comply with all applicable procedures and requirements of this Ordinance. Any manufactured
home park failing to comply with the applicable provisions of this Ordinance is hereby declared
to be a nonconforming use of land. All manufactured home parks shall continuously comply with
the general requirements of this Ordinance. Failure to meet continuously each of the general
requirements shall be grounds for revocation of the certificate of occupancy/compliance.
No person shall begin construction of a manufactured home park or make any addition to a
manufactured home park that either alters the number of sites for manufactured homes within
the park or affects the facilities required therein until he first secures a permit authorizing such
construction or addition. The construction or addition shall be in accordance with plan and
specification submitted with the application to the Building Inspector. The application will be
reviewed by the Planning Board, the Building Inspector, and the Pender County Health
Department. All applications for a manufactured home construction permit will be accompanied
by six (6) prints.
Section 16-3: Contents of the Preliminary Plan
The preliminary plan shall be drawn at a scale not more than one hundred (100) feet to the inch
and shall show the following on one (1) or more sheets:
(1) Title information shall include: name of park, name of developer, scale, and
date.
(2) Small scale location diagram showing all roads in the vicinity and the
relationship of the site to major roads.
(3) Dimensions and bearings of exterior property lines.
(4) Topography information as deemed necessary by inspectors.
(5) Location of the "A" flood zone as defined by Corps of Engineers.

(6) Roads in vicinity (access roads and adjacent roads).
(7) Manufactured homes spaces well defined.
(8) Surface water drainage plans.
(9) All structures in the park site (present or proposed).
(10) Recreation areas.
(11) Method of surfacing roads within the park.
(12) Location and intensity of area lights, riser diagrams, and typical
connections to manufactured homes, or a statement indicating that the
power companies will be responsible for design and installation of the
electric system.
(13) Source of water and water distribution system. If water source is a well,
it shall meet the appropriate county and/or state agencies.
(14) Sanitary sewerage. If a private sewerage collection and disposal system is
used, plans and specifications approved by appropriate countyand/or State
agencies.
(15) Proposed provisions for storm drainage (including retention pond facilities,
when applicable), approved by the Building Inspector.
Section 16-4: Review of Preliminary Plans
After preliminary plans for a manufactured home have been properly submitted to the Building
Inspector, the following agencies shall be responsible for reviewing the proposed plans.
(A) Building Inspector. The Building Inspector shall review the plans for manufactured
home parks to determine if the proposed electrical system is in accordance with
state electrical codes and to determine that any proposed buildings comply with
the State Building Code.
(B) Planning Board. The Saint Helena Planning Board shall review the plans for
manufactured home parks. This agency shall be responsible for the review of the
following to determine if the proposed design is in accordance with the
specifications of this information.
(1) Title information;
(2) Small scale location map (vicinity map);
(3) Dimensions and bearing of exterior property lines;
(4) Roads in the vicinity;
(5) Recreation areas;
87

(6) Method of surfacing roads within the park;
(7) Street and lot design;
(8) Surface water drainage.
(C) PenderCountyHealth Department. When septic tank or individual wells are required,
the Health Department permit shall be submitted with the application for approval
of a Manufactured Home Park. The Health Department shall be responsible for the
review of the following to determine if they are in accordance with the minimum
health standards and regulations.
(1) Source of water and water distribution system;
(2) Sanitary sewerage system; and
(3) Adequate lot size.
(D) Should any agency find deficiencies in the review of the plans of a proposed
manufactured home park, that agency shall notify the developer of the park to
correct such deficiencies. Each agency shall notify the Planning Department after
approving the plans of a proposed park. The Planning Department, after receiving
notification of approval from all agencies involved in the review of a proposed
manufactured home park, shall notify the developer of the proposed park that
preliminary approval has been granted for the construction of the park.
Section 16-5: Issuance of Construction Permit and Certificate of Compliance
(A) After approval of the preliminary plans for a manufactured home park by the
village and county agencies concerned, the Building Inspector is authorized to
issue a construction permit. The intent of this permit is to enable the execution
of the plan in the field and shall not be construed to entitle the recipient to offer
spaces for rent or lease or to operate a park as defined in this Ordinance.
(B) During this phase, all field work shall be in accordance with the approved plans.
It shall be the responsibility of the developer to inform the various countyagencies
as to the progress of field work so that timely inspections may be made.
(C) The Building Inspector is authorized to issue a Certificate of Compliance after the
installation of the number of spaces the developer wishes to initially install. In no
case shall the Certificate of Compliance be issued for less than the minimum
spaces required by this Ordinance. The Certificate of Compliance will be issued

only after the Building Inspector is satisfied that all work has been executed as
outlined in that section of the approved plans and in accord with the intent and
spirit of this Ordinance. Should additional spaces be added to a park that has
preliminary plans approved, a Certificate of Compliance for the additional spaces
will be necessary before such spaces are offered for rent or lease.
(D) Upon receipt of the Certificate of Compliance, the permittee is duly authorized to
operate and maintain his park in any way that is not contrary to the provisions of
the permit. However, should the Building Inspector find at any time subsequent
to the issuance of the permit that the park is operating in violation of the terms
of this Ordinance or of special conditions set forth in the permit, the Building
Inspector shall revoke the Certificate of Compliance and further operations of the
park without a Certificate of Compliance shall be cause for legal action.
Section 16-6: Design Standards for Mobile Home Parks
(A) If wells or septic tanks are required, the amount of land for each manufactured
home space shall be determined by the Pender County Health Department after an
investigation of soil conditions, the proposed method of sewerage disposal, and
proposed water system. However, in no case shall the size of a manufactured
home space be less than eight thousand five hundred (8,500) square feet. All
manufactured home parks shall be located on an undivided tract of land not less
than three (3) acres in size.
(B) Each manufactured home lot shall be of sufficient size; however, in no case shall
the ratio of lot area occupied by structures to total lot area exceed forty percent
(40%).
(C) The manufactured home park shall be located on ground that is not susceptible
to flooding. The park shall be graded so as to prevent any water from ponding or
accumulating on the premises. All ditch banks shall be sloped and seeded.
(D) Each manufactured home park shall be graded and graded areas grassed so as to
prevent the accumulation or ponding of water and all surface water shall drain in
such a way that will not endanger any water supply.

(E) Interior Drives. All manufactured home spaces shall be adjacent to an interior drive
of no less than thirty-six (36) feet in right-of-way, which shall have unobstructed
access to a public street or highway, it being the intent of this Section that -
manufactured home spaces shall not have unobstructed access to public streets
or highways except through said interior drive. All interior drives shall be graded
to their full right-of-way and shall have a road of at least twenty (20) feet in width.
Minimum improvements shall be a compacted base of four (4) inches of #7 ABC
stone. Roads shall be maintained with passable surface. Graded and stabilized
road shoulders and ditches shall be provided.
(F) Cul-de-sacs. Any interior drive designed to be closed shall have a turnaround at the
closed end with a minimum right-of-way diameter of one hundred (100) feet. The
entire right-of-way of such turnaround shall be graded and usable for the turning
of motor vehicles.
(G) Intersections. Drives shall intersect at right angles, and no drive shall intersect at
less than seventy-five (75) degrees. Where a drive intersects a highway, the design
standards of the North Carolina Department of Transportation shall apply.
(H) A buffer strip five (5) feet wide planted in grass with shrubs or trees shall be
reserved as open space between any manufactured home park and adjacent
residential district.
(I) Parking space sufficient to accommodate at least two,(2) automobiles shall be
located on each manufactured home space.
Q) There shall be at least twenty (20) feet clearance between manufactured homes
including manufactured homes parked end to end. No manufactured home shall
be located closer than twenty (20) feet of any exterior boundary line of the park,
no closer than fifteen (15) feet to the edge of any interior street right-of-way, or
closer than ten (10) feet to any manufactured home space (lot) boundary line.
(K) Existing manufactured home parks which provide manufactured home spaces
having a width or area less than that described above may continue to operate
with spaces of existing width and area, but in no event shall any such
nonconforming manufactured home park be allowed. to expand unless such
extension meets the requirements of this Ordinance.
.E

(L) Every manufactured home park and related structures shall comply with the NC
State Building, Plumbing, Electrical, Heating, and Air Conditioning Codes and any
other applicable regulations of the Village of Saint Helena.
(M) Spaces Numbered. Each manufactured home space shall be identified by a
permanent number which shall not be changed. The appropriate number of each
manufactured home space must be permanent and visibly displayed. Each number
shall be placed on a concrete, wood, metal, or any permanent post and
conspicuously located on the lot.
(N) Signs for Identification of Parks. Permanent identification sign(s) shall be required
for every manufactured home park. The size of the signs shall be as follows: Not
more than two (2) signs with a total maximum area of 48 square feet and a total
minimum area of 12 square feet. Signs must be located on the park property
within 50 feet of the entrance and at least 10 feet off the front property line. Signs
must be located -a minimum of five (5)-feet from any side property lines.- Only -
indirect non -flashing lighting may be used for illumination, and the sign must be
constructed in such a manner as to prevent a direct view of the light source from
any public road right-of-way.
Section 16-7: Sanitary Facilities, Water Supply, Sewerage, Electricity, Lighting, and Refuse
Collection Facilities
(A) Each manufactured home space shall be equipped with plumbing and electrical
connections and shall be provided with electrical current in sufficient amount to
safely meet the maximum anticipated requirements of a manufactured home.
(B) Water and Sewerage. Each manufactured home lot shall be provided with and shall
be connected to sanitary sewerage and water supply systems approved by the
Pender County Health Department. A well system designed to serve ten (10) or
more dwellings must obtain advance approval from the Division of Environmental
Management. Where more than eight (8) manufactured homes are attached to a
septic tank, the Division of Environmental Management must approve the system.
(C) Lighting. All electrical wiring shall be installed in accordance with the National
Electrical Code and shall be approved only bythe electrical inspector. Distribution
lines shall be installed underground. Underground lines shall be placed at least
eighteen (18) inches below the ground surface where possible and at least one foot
0F

radial distance from water, sewer, gas, or communications lines. Electrical
systems of manufactured home developments shall be calculated on the basis of
at least one hundred (100) amps (at 120/140 volts) for each manufactured home.
The point of electrical connection for a manufactured home shall be within an area
of the manufactured home stand and approximately forty (40) feet from the front
of the manufactured home and approximately four feet from either side of the
manufactured home. Where other utilities and fixtures prevent the location of
electrical connections forty (40) feet from the front of a manufactured home,
electrical connections shall be made with due regard to uniformity, safety, and
convenience equate exterior lighting shall be provided for all streets, walkways,
buildings, and other facilities subject to nighttime use. The average illumination
level in manufactured home parks shall be at least three tenths (0.3) footcandle,
and a minimum level of one tenth (0.1) footcandle shall be maintained on all
streets. Potentially hazardous locations such as street intersections and walkways
shall be individually illuminated with a minimum level of six tenths (0.6)
footcandle.
(D) Refuse Collection Facilities. The manufactured home park owner is responsible for
refuse collection and all garbage and refuse shall be stored in suitable water tight
and fly tight receptacles. All refuse shall be collected at least once/week or more
if the need is indicated. When manufactured home parks are located in the Village
of Saint Helena, the applicable sanitation regulations shall be complied with.
Section 16-8: Manufactured Home Stands and Anchors
(A) The area of the manufactured home stand shall be improved to provide an
adequate foundation for the placement and anchoring of the manufactured home,
thereby securing the structure against uplift, sliding, rotation, and/or overturning.
(B) Each manufactured home owner shall provide anchorage in accordance with the
State of North Carolina Regulations for Manufactured Homes.
(C) Any manufactured home placed in a manufactured home park after adoption of
this Ordinance shall have skirting.
92

Section 16-9: Service, Administration, and Other Buildings
(A) Within a manufactured home park, one manufactured home may be used as an
administrative office. Other administrative and service buildings housing
sanitation and laundry facilities or any other such facilities shall comply with all
applicable ordinances, codes, and statutes regarding buildings, electrical
installations, plumbing, and sanitation systems.
(B) All service buildings, commercial structures, and the grounds of the park shall be
maintained in a clean condition and kept free from any condition that will menace
the health of any occupant or the public or constitute a nuisance.
Section 16-10: Structural Additions
All structural additions to manufactured homes other than those which are built into the unit and
designed to fold out or extend from it shall be erected only after a building permit shall have been
obtained, and such additions shall conform to the building code of the state, where applicable,
and shall meet the standards of special regulations adopted with respect to such additions. The
building permit shall specifywhether such structural additions may remain permanently, must be
removed when the manufactured home is removed, or must be removed within a specified length
of time after the manufactured home is removed. Structural alterations existing at the time of
passage of this Ordinance shall be removed within thirty (30) days after the manufactured home
which they serve is moved unless attached to another manufactured home on the same site
within that period.
Section 16-11: Storage
Storage of a manufactured home or recreational vehicle is prohibited.
Section 16-12: Management
in each manufactured home park, the permittee or duly authorized attendant or caretaker shall
be in charge at all times to keep the manufactured home park, its facilities and equipment in a
clean, orderly, safe, and sanitary condition.
93

Section 16-13: Registration
It shall be the responsibility of the manufactured home park owner to keep an accurate register
containing a record of all manufactured homes, owners, and occupants of the manufactured home
park. The operator shall keep the register available at all times for inspection by law enforcement
officials, public health officials, and other officials whose duties necessitate acquisition of the
information contained in the register. The register shall contain the following information:
(A) Name and address of owner and each occupant of a manufactured home.
(B) Location of manufactured home in the park.
(C) Date of entering the manufactured home park.
(D) Date of leaving the manufactured home park.
Section 16-14: Sales in Manufactured Home Parks
(A) It shall be unlawful to sell on a commercial basis manufactured homes or trailers
within manufactured home parks.
(B) It shall be unlawful to sell a manufactured home space(s) within the manufactured
home parks.
(C) It shall be unlawful to operate any business within a manufactured home park.
Section 16-15: Nonconforming Manufactured Home Parks
Nonconforming manufactured home parks shall comply with Article S, Nonconforming Situations
of this Ordinance.
Section 16-16: Design Standards for Recreational Vehicle Parks
(A) Every recreational vehicle park shall be located on a site of not less than two (2)
acres in area.

(B) Each recreational vehicle lot shall be of sufficient size; however, in no case shall
the ratio of lot area occupied by structures to total lot area exceed forty percent
(40,%)
(C) Every recreational vehicle park shall be graded so as to prevent the accumulation
or ponding of water and all surface water shall drain in such a way that will not
endanger any water supply.
(D) The street system shall provide convenient circulation by means of minor streets.
Dead-end streets shall be no longer than one thousand (1,000) feet and their
closed end shall have a turnaround such as a T or Y turn or a cul-de-sac with a
minimum diameter of sixty (60) feet.
(E) Pavements shall be wide enough to accommodate the contemplated parking and
traffic load for minor streets, with nine (9) foot minimum moving lanes for minor
streets. One way minor streets serving less than twenty (20) lots with no parking
allowed, fourteen (14) feet.
(F) Grades of all streets shall be sufficient to insure adequate surface drainage but
shall not be more than eight percent (8%). Short runs may have a maximum grade
of twelve (12), if traffic safety is assured.
(G) Street intersections shall generally be at right angles. Off -sets at intersections and
intersections of more than two (2) streets at one point shall be avoided.
(H) All streets shall have a smooth, hard dense surface that is durable and well drained
under normal use and weather conditions. The surface shall be kept free of cracks
and holes, its edges suitably protected to prevent raveling and shifting of the base.
(1) A buffer strip of five (5) feet wide planted in grass with shrubs or trees shall be
reserved as open space between any recreational vehicle park and adjacent
residential district.
Q) Every recreational vehicle park and related structures shall comply with the NC
State Building, Plumbing, Electrical, Heating and Air Conditional Codes and any
other applicable regulation of the Village of Saint Helena.
95

(K) A safe, adequate, and conveniently located water supply must be provided for each
recreational vehicle park approved by the Pender County Health Department.
(L) All toilet, shower, lavatory, and laundry facilities shall be provided and maintained
in a clean and sanitary condition and kept in good repair at all times.
(M) Each park shall provide at least one (1) sewage dumping station approved by the
Pender County Health Department. All sewage wastes from each park, including
wastes from toilets, showers, lavatories, and laundry facilities shall be piped into
the park's sewage disposal system.
(N) The recreational vehicle park owner is responsible for refuse collection and all
garbage and refuse shall be stored in suitable water tight and fly tight receptacles.
(0) It shall be unlawful for a person to park or store a manufactured home in a
recreational vehicle park. However, one manufactured home may be allowed
within a recreational vehicle park to be used as an office and/or residence of
persons responsible for the operation and maintenance of the recreational vehicle
park.

ARTICLE 17. BUFFER STRIPS
Whenever a buffer strip is required by this Ordinance, such strip shall meet the specifications of
this Section, unless different specifications are given in the Section where the buffer strip is
required:
(A) A buffer strip shall consist of a planted strip which shall be a minimum of ten (10)
feet in width, shall be composed of evergreen bushes, shrubs, and/or trees such
that at least two (2) rows of coverage are provided from the ground to a height of
six (6) feet within six (6) years and foliage overlaps. A buffer strip may also be
constructed of stone, block, brick, or other suitable building material, with a
minimum height of five (5) feet. The ten (10) feet required for the buffer strip shall
be in addition to all normal front, rear, and side yard setback requirements of this
Article.
(B) Buffer strips shall be required in the following situations, as well as in any others
specified in other sections of this Ordinance: whenever a manufacturing,
processing, retail, wholesale trade, orwarehousing use or public utility installation
is established, a buffer strip shall be provided wherever the lot on which the use
is established is adjacent to or is across an easement or right-of-way from land
zoned for residential use.
(C) All buffer strips shall become part of the lot on which they are located, or in the
case of commonly owned land, shall belong to the homeowners' or property
owners' association.
(D) The buffer strip shall be maintained for the life of the development. Maintenance
shall be the responsibility of the property owner, or, if the property is rented, the
lessee.
(E) If a natural screen is already in place which will adequately fulfill the purpose of
the buffer strip, the Building Inspector may, in writing, allow a substitution of all
or part of this screen for the buffer strip. Written permission of the Building
Inspector shall be obtained before removing. an existing natural buffer in the
location on the required buffer strip.
97

(F) Where, because of intense shade or soil conditions, a planting screen cannot be
expected to thrive, the Building Inspector may, in writing, allow substitution of a
well -maintained wooden fence or masonry wall at least six (6) feet in height.
(G) Where it is clear that a different buffer will protect neighboring property from
harmful effects, the Board of Adjustment or Village Council, for special uses, may
modify the buffer up to five (5) feet and one (1) row of vegetation.
(H) For special and conditional uses, the Board may require a maintenance bond for
the buffers, as a condition of approval.

ARTICLE 18. TELECOMMUNICATION FACILITIES
Section 18-1: Purpose
The purpose of this Article is to set forth the requirements for planning and construction of
telecommunications facilities including cellular antennas, wireless communication towers, and
principal communication towers for other uses.
Section 18-2: Facilities Permitted
Telecommunications facilities, including cellular antennae and wireless communications towers
and facilities, are permitted subject to the following conditions:
(A) Location. The proposed tower, antenna, and accessory structure and equipment
shall be placed in a location and in a manner that will minimize the visual impact
on the surrounding area. Any tower, antenna, or accessory structure shall be
approved by the Planning Board for compliance with these requirements.
Accessory structures and equipment must meet applicable Sections of Article 11.
To ensure the safety of the public and other existing buildings, the
telecommunications site shall:
(1) Be a minimum of two hundred fifty (250) feet from residentially zoned
property;
(2) Be located such that all supporting cables and anchors are contained within
the property of the applicant.
(B) Co -Location. Approval for a proposed tower within a radius of 10,500 feet from an
existing tower or other similar structure shall not be issued unless the applicant
certifies that the existing tower or structure does not meet applicant's structural
specifications or technical design requirements, or that a co -location agreement
could not be obtained at a reasonable market rate and in a timely manner. No
antennae will be permitted on village owned properties.
(C) Height. The height of the tower shall not exceed one hundred sixty (160) feet as
measured from existing grade at its base to the highest point of the tower or
antennae. An additional one hundred twenty (120) feet of height may be approved
if the tower is designed to accommodate twice the applicant's antennae

requirements. Telecommunications antennae or equipment mounted on a
building shall meet height requirements of Article 11.
(D) Setback. All towers shall be setback from any residential structure a distance of the
tower's height plus fifty (50) feet, unless the owner of the residential structure
waives this requirement by a notarized affidavit. All towers over fifty (50) feet in
height shall observe a safety zone setback from all adjacent properties equal to the
tower's fall zone, as certified by a North Carolina registered engineer, plus twenty
(20) feet; provided that this requirement may be waived by a notarized affidavit
from the affected property owner (and occupant where different from the owner).
The form of waivers shall be subject to the approval of the Village Attorney. All
towers shall be set back from all publicly owned rights -of -way a distance equal to
the tower height multiplied by 2.5.
(E) Design. Towers shall be designed to accommodate additional antennae equal in
number to the applicant's present and future requirements for the life of the
tower. The color of the tower and its antennae shall be one that will blend to the
greatest extent possible with the natural surroundings and shall be approved by
the Planning Board. The tower will not be illuminated or contain any illumination
except as required by state and federal regulations. No signage shall be allowed
on any tower, antenna, or accessory structure except for a public utility sign not
to exceed one square foot placed on the utility's equipment.
(F) Maintenance or Service Structures. One unmanned maintenance or service structure
of not more than twenty (20) feet in height and four hundred (400) square feet of
floor space may accompany each tower. The tower and maintenance or service
structure shall not be required to comply with development standards relating to
lot size, setbacks, street frontage, and subdivision regulations, so long as the
principal use complies with this Article.
(G) Existing Towers. Existing towers may be replaced or modified providing that the
existing height is not exceeded by more than twenty (20) feet and the new or
modified tower meets all of the requirements of this Article except setback
provisions.
(H) Abandoned Towers. Any tower, antenna, accessory structure, or equipment that is
not used for communications purposes for more than one hundred twenty (120)
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days shall be considered abandoned; and once considered abandoned shall be
removed by the owner within sixty (60) days.
(1) Removal of Towers. Where removal of any tower, antenna, accessory structure, or
equipment is planned, a performance bond in the amount of the anticipated
removal costs as determined by a North Carolina registered engineer is required.
Section 18-3: Telecommunications Facility Plans
No telecommunications facility shall be constructed or permitted without a set of facility plans
bearing an engineer's seal that has been filed with the Village's Building Inspector.
Telecommunications facility plans shall contain the following:
(A) Fee. A fee determined by the Village Council.
(B) Narrative. A written narrative of the development plan.
(C) Development Impact Statement. The impact on the environment (trees, run-off,
waste disposal, emissions, historic property impact, and impact on other
properties).
(D) Co -location on Existing Towers. Documentation that co -location on existing towers
or structures within a radius of 10,500 feet was attempted by the applicant, but
found unfeasible with reasons noted.
(E) Co -location on Proposed Tower. A notarized affidavit that states the applicant's
willingness to allow location on the proposed tower, at a fair market price and in
a timely manner, of any other service provided licensed by the Federal
Communications Commission (FCC) for the Cape Fear market area.
(F) Site Plan. A site plan at a scale of one (1) inch equals forty (40) feet by a North
Carolina registered surveyor, showing location of all existing property lines and
improvements within a five hundred (500) foot radius and any proposed tower,
antenna, accessory structure, or equipment. In addition, the site plan must
include:
(1) A list of adjacent property owners and their addresses;
(2) Zoning district;
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(3) Names of developer(s) and owner(s).
(G) Other Permits. Copies of all county, state, and federal permits with the application
building permit where prior local approval is not required.
(H) Elevation Drawings. Elevation drawings of all towers, antennae, and accessory
structures and equipment, indicating height, design, and colors.
(1) Landscape Plan. If visible from any public road, a landscape plan at a scale of one
(1) inch equals forty (40) feet shall indicate how the applicant proposes to screen
any service structure, accessory structure, or equipment from view. Indigenous
vegetation shall be used in all plantings. A permanent maintenance plan shall be
provided for the plantings.
Q) FCC and FAA Certifications. Certification that all antenna and equipment comply
with FCC regulations for radio frequency radiation and all towers, antennae, and
equipment meet Federal Aviation Administration (FAA) aviation and navigation
requirements.
(I) NEPA Compliance. A copy of approved National Environmental Policy Act of 1969
(NEPA) compliance report for all towers, antennae, accessory structures, or
equipment proposed for the proposed site.
(L) Structural Requirements. Documentation signed and sealed by a North Carolina
registered engineer that indicates any proposed tower meets the structural
requirements of the Standard Building Code and the co -location requirements of
this Article.
(M) Liability. Proof of liability insurance or financial ability to respond to claims up to
$1,000,000.00 (escalated each year by the Consumer Price Index) in the aggregate
which may arise from operation of the facility during its life, at no cost to the
Village of Saint Helena, in a form approved by the Village Attorney.
(N) Other Approvals, Certifications, or Recommendations. Appropriate approvals,
certifications, or recommendations required to allow review of approval criteria
such as sight line analysis, aerial photographs, or other such tests as determined
by the Building Inspector.
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ARTICLE 19. VESTED RIGHT PROVISIONS
Section 19-1: Purpose
The purpose of this Section is to provide for the establishment of a zoning vested right, as
created by NCGS § 160A-385.1, upon the approval of a site specific development plan.
Section 19-2: Establishment of a Zoning Vested Right
(A) A zoning vested right is established upon the valid approval, or conditional
approval, by the Village Council or Board of Adjustment, as applicable, of a site
specific development plan, following notice and hearing.
(B) The approving authority may approve a site specific development plan upon such
terms and conditions as may reasonably be necessary to protect the public health,
safety, and welfare.
(C) Notwithstanding Subsections (A) and (B), approval of a site specific development
plan with the condition that a variance be obtained shall not confer a zoning
vested right until the necessary variance is obtained.
(D) A site specific development plan is approved upon the effective date of the
approval authority's action or Ordinance relating thereto.
(E) A zoning vested right shall not preclude the application of overlay zoning that
imposes additional requirements but does not affect the allowable type or
intensity of use, or ordinances or regulations that are general in nature and are
applicable to all property subject to land -use regulation by the village, including,
but not limited to, building, fire, plumbing, electrical, and mechanical codes.
Otherwise applicable new or amended regulations shall become effective with
respect to property that is subject to a site specific development plan upon the
expiration or termination of the vested right in accordance with this Section.
(F) A zoning vested right is not a personal right, but shall attach to and run with the
applicable property. After approval of a site specific development plan, all
successors to the original landowner shall be entitled to exercise such right while
applicable.
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Section 19-3: Approval Procedures and Approval Authority
(A) Except as otherwise provided in this Section, an application for site specific
development plan approval shall be processed in accordance with the procedures
established by Ordinance and shall be considered by the designated approval
authority for the specific type of zoning or land use permit or approval for which
application is made.
(B) Notwithstanding the provisions of Subsection (A), if the authority to issue a
particular zoning or land use permit or approval has been delegated to a board,
committee or administrative official other than the Village Council or Board of
Adjustment, or other planning agency designated to perform the duties of the
Board of Adjustment, in order to obtain a zoning vested right, the applicant must
request in writing at the time of application that the application be considered and
acted on by the Village Council or Board of Adjustment, following public notice
and hearing in accordance with NCGS § 160A-364.
(C) In order for a zoning vested right to be established upon approval of a site specific
development plan, the applicant must indicate at the time of application, on a
form approved by the Building Inspector, that a zoning vested right is sought.
(D) Each map, plat, site plan or other document evidencing a site specific development
plan shall contain the following notation: "Approval of this plan established a
zoning vested right under NCGS § 160A-385.1. Unless terminated at an earlier
date, the zoning vested right shall be valid until (date)."
(E) Following approval or conditional approval of a site specific development plan,
nothing in this Section shall exempt such a plan from subsequent reviews and
approvals to ensure compliance with the terms and conditions of the original
approval, provided that such reviews and approvals are not inconsistent with the
original approval.
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Section 19-4: Duration
(A) A vested zoning right shall remain vested for a period of two years unless the
period is extended in accordance with the Subsection (B) below. This vesting shall
not be extended by amendments or modifications to a site specific development
plan unless the approval authority extends it upon approval of the amendment or
modification.
(B) Notwithstanding Subsection (A) above, the approval authority may provide that
rights shall be vested for a period exceeding two years, but not exceeding five
years, where warranted by relevant circumstances, including, but not limited to,
the size of the development, the level of investment, the need for or desirability
of the development, economic cycles, and market conditions. These
determinations shall be at the sound discretion of the approval authority at the
time the site specific development plan is approved.
(C) Upon issuance of a building permit, the expiration provisions of NCGS § 160A-418
and the revocation provisions of NCGS§160A-422 shall apply, except that a
building permit shall not expire or be revoked because of the running of time
while a zoning vested right under this Section is outstanding.
Section 19-5: Termination
A zoning right that has been vested as provided in this Section shall terminate:
(A) At the end of the applicable vesting period with respect to buildings and uses for
which no valid building permit applications have been filed;
(B) With the written consent of the affected landowner;
(C) Upon findings by the Village Council, by Ordinance after notice and a public
hearing, that natural or man-made hazards on or in the immediate vicinity of the
property, if uncorrected, would pose a serious threat to the public health, safety,
and welfare if the project were to proceed as contemplated in the site specific
development plan;
(D) Upon payment to the affected landowner of compensation for all costs, expenses,
and other losses incurred by the landowner, including, but not limited to, all fees
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paid in consideration of financing and architectural, planning, marketing, legal,
and other consultant's fees incurred after approval by the village, together with
interest thereon at the legal rate until paid. Compensation shall not include any
diminution in the value of the property which is caused by such action;
(E) Upon findings by the Village Council, by Ordinance after notice and a hearing, that
the landowner or his representative intentionally supplied inaccurate information
or made material misrepresentations which made a difference in the approval by
the approval authority of the site specific development plan; or
(F) Upon the enactment or promulgation of a state or federal law or regulation that
precludes development as contemplated in the site specific development plan, in
which case the approval authority may modify the affected provisions, upon a
finding that the change has a fundamental effect on the plan, by Ordinance after
notice and a hearing.
Section 19-6: Voluntary Annexation
A petition for annexation filed with the village under NCGS § 160A-31 or NCGS § 160A-58.1 shall
contain a signed statement declaring whether any zoning vested right with respect to the
properties subject to the petition has been established under NCGS § 160A-385.1 or NCGS §
153A-344.1. A statement that declares that no zoning vested right has been established under
NCGS § 160A-385.1 or NCGS § 153A-344.1, or the failure to sign a statement declaring whether
or not a zoning vested right has been established, shall be binding on the landowner and any such
zoning vested right shall be terminated.
Section 19-7: Limitations
Nothing in this Section shall create any vested right other than those established pursuant to
NCGS § 160A-385.1.
Section 19-8: Repealer
In the event that NCGS § 160A-385.1 is repealed, Article 19 of this Ordinance shall be deemed
repealed.

ARTICLE 20. PROCEDURE FOR REVIEW AND APPROVAL OF SUBDIVISION PLATS
Section 20-1: General
No final plat of a subdivision within the jurisdiction of Saint Helena as established in Section 2-2
of this Ordinance shall be recorded by the Register of Deeds of Pender County until it has been
approved by the Village Council as provided herein. To secure such approval of a final plat, the
subdivider shall generally follow the procedures established in this Section.
No street shall be maintained by the Village nor street dedication accepted for ownership and
maintenance, no construction -permits shall be issued, nor shall water, sewer, or other Village
facilities or services be extended to or connected with any subdivision for which a plat is required
to be approved unless and until such final plat has been approved by the Village.
Section 20-2: Sketch Design Plan
if the land to be subdivided contains more than ten (10) acres, the subdivider shall submit a
sketch plan prior to submitting a preliminary plat. Smaller subdivisions may be submitted in
sketch plan form if the developer wishes. Sketch plans shall conform to the following
requirements:
(A) Number of Copies'and Graphic Media. A minimum of six (6) copies of a sketch design
plan shall be submitted. No specific graphic media must be employed.
(B) Size of Plan and Scale. No specific size requirements apply to sketch design plans;
it is suggested that the requirements applicable to preliminary and final plats be
utilized.
(C) Administrative Fees. No administrative fees are charged in connection with the
submission of sketch design plans.
(D) Certification Required. No certificates must be provided in connection with the
submission of sketch design plans.
(E) Contents Required. The sketch design plan shall depict or contain the following
information:
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(1) A sketch vicinity map showing the location of the subdivision in relation to
neighboring tracts, subdivisions, roads, and waterways;
(2) The boundaries of the tract and the portion of the tract to be subdivided;
(3) The total acreage to be subdivided;
(4) The existing and proposed uses of the land within the subdivision and
adjacent to it;
(5) The proposed street and layout;
(6) The name, address, and telephone number of the owner;
(7) Streets and lots of adjacent developed or platted properties;
(8) The zoning classification(s) of the tract and of adjacent properties.
(F) Review Procedure. The Planning Board shall review the sketch design plan for
general compliance with the requirements of this Ordinance; the Planning Board
shall advise the subdivider or his authorized agent of the regulations pertaining
to the proposed subdivision and the procedures to be followed in the preparation
and submission of the preliminary and final plats. This review shall in no way be
constructed as constituting an official action of approval for recording of the
subdivision by the Planning Board or Village Council as required by this Ordinance.
(G) Disposition of Copies. One copy shall be retained as a part of the minutes of the
Planning Board with the other copy being returned to the subdivider or his
authorized agent.
Section 20-3: Preliminary Plat
A preliminary plat shall be submitted to the Planning Board at least fourteen (14) days prior to a
regular meeting of the Planning Board and at least one meeting after a sketch design has been
submitted, for every subdivision of land which is located within the territorial jurisdiction
established by Section 2-2, hereof.
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(A) Number of Copies and Graphic Media. Eight (8) copies of the preliminary plat shall
be submitted; no specific graphic media must be employed. Three (3) copies shall
be disposed of as provided under Subsection (H); five (5) copies shall be distributed
for review as provided in Subsection (G).
(B) Size of Plat and Scale. The size and scale shall be the same as that required for a
final plat.
(C) Administrative Fees. Administrative fees may be charged in accordance with a
schedule set by the Village Council.
(D) Certifications Required. No certifications must be provided in connection with the
submission of preliminary plats. See Section 21-8, regarding approval of utilities.
(E) Contents Required. The preliminary plat shall depict or contain the information
outlined in Section 20-5; plats not illustrating or containing the required data shall
be returned to the subdivider, or his authorized agent for completion and
resubmission.
(F) Environmental Impact Statement. Pursuant to Chapter 113A of the North Carolina
General Statutes, the Planning Board may require the subdivider to submit an
environmental impact statement with his preliminary plat if-
(1) The development exceeds two acres in area, and
(2) If the Board deems it necessary due to the nature of the land to be
subdivided, or peculiarities in the proposed layout;
(G) Review Procedure. The Planning Board shall review and take action on each
preliminary plat within thirty (30) days after first consideration by the Planning
Board. First consideration shall be at the next regularly scheduled meeting of the
Planning Board that follows at least fourteen (14) days after the plat is submitted.
Before taking final action on the plat, the Planning Board shall refer copies of the
plat and any accompanying material to those public officials and agencies
concerned with new development, including, but not limited to Code Enforcement
Office, Pender County Health Department, the District Engineer of the NCDOT —
Division of Highways (four copies), Pender County Soil Conservation Service Office,
and Pender County School Board for review and recommendation.
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(H) Disposition of Copies. If the plat is approved, approval shall be noted on at least
three (3) copies of the plat by the Secretary of the Planning Board. One (1) copy
shall be transmitted to the Village Clerk who shall retain it for public examination,
one (1) copy shall be returned to the subdivider, and one (1) copy shall be retained
by the Planning Board.
If the preliminary plat is disapproved, the Planning Board shall specify the reasons
for such action in writing. One (1) copy of such reasons shall be retained by the
Planning Board, one (1) copy shall be given to the subdivider, and one (1) copy
shall be transmitted to the Village Clerk. If the preliminary plat is disapproved, the
subdivider may make the recommended changes and submit a revised preliminary
plat, or appeal the decision to the Village Council.
Section 20-4: Final Plat
(A) Improvements Installation or Guarantees. Upon approval of the preliminary plat by
the Planning Board, the subdivider may proceed with the preparation of the final
plat, and the installation or arrangement for required improvements in accordance
with the approved preliminary plat and the requirements of this Ordinance.
Prior to approval of a final plat, the subdivider shall have installed improvements
specified in this Ordinance or guaranteed their installation as provided.
(B) Performance Guarantee. In lieu of prior construction of the improvements required
by this Ordinance, the Village of Saint Helena may, for the purpose of approving
a final plat, accept a guarantee from the subdivider that such improvements will
be carried out according to the Village's specifications at his expense. Such
guarantee may be in the form of: (1) a surety bond made by a surety company
licensed to do business in North Carolina; (2) certified check deposited in escrow
to Village Clerk, Village of Saint Helena; (3) a letter of credit from a lending
institution that specifies a limit of credit which will be extended to a developer
upon request. Such guarantee shall be in the amount of not less than 100% nor
more than 12510 of the estimated cost of the construction of the required
improvements. This amount shall be determined by the Village Council.
Performance guarantees shall run for a period of one (1) year and may be renewed
once for a period of one (1) year upon written approval from the Village Council.
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(C) Defects Guarantee. The Village Council may require a bond guaranteeing utility
taps, curbs, gutters, street pavement, sidewalks, drainage facilities, water and
sewer lines, and other improvements against defects for one (1) year. This bond
shall be in the amount determined by the Director of Public Works or Consulting
Engineer and shall be in cash or be made by a surety company authorized to do
business in North Carolina.
(D) Maintenance Guarantee. The Village Clerk shall secure from all subdividers a letter
in which said subdivider shall agree to maintain the backfill and any improvements
located thereon and therein and any ditch which has been dug in connection with
the installation of such. improvements. Such letter shall be binding on the
subdivider for a period of one year after the acceptance of such improvements by
the Village of Saint Helena.
(E) Final Plat Review Contingent Upon Execution of Guarantees. No final plat will be
accepted for review by the Planning Board or Village Council unless accompanied
bywritten notice bythe Code Enforcement Officer acknowledging compliancewith
this Ordinance.
(F) The Final Plat. The final plat shall constitute only that portion of the preliminary
plat which the subdivider proposes to record and develop at the time; such
portion shall conform to all requirements of this Ordinance.
No final plat shall be approved unless and until the subdivider shall have installed
in that area represented on the final plat all improvements required by this
Ordinance or shall have guaranteed their installation as provided for in
Subsections (A), (B), and (C) hereof.
(G) Plat Submitted. The subdivider shall submit the final plat, so marked, to the
Chairman of the Planning Board or his designee not less than fourteen (14) days
prior to the Planning Board meeting, at which it will be considered for approval;
further, the plat shall be submitted not more than twelve (12) months after the
date on which the preliminary plat was approved, otherwise such approval shall
be null and void unless a written extension of this time limit is granted by the
Planning Board on or before the one-year anniversary of the approval.
(H) Plat Prepared. The final plat shall be prepared by a surveyor or professional
engineer licensed and registered to practice in the State of North Carolina. The
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final plat shall substantially conform to the preliminary plat as it was approved.
The final plat shall conform to the provisions of Section 47-30 of the General
Statutes of North Carolina.
(I) Number of Copies and Graphic Media. Five (5) copies of the final plat shall be
submitted; two (2) of these shall be drawn in ink on linen or film suitable for
reproduction; three (3) shall be black or blue line paper prints.
Q) Size of Plat and Scale. Final plats may have an outside marginal size of not more
than twenty-four (24) inches by thirty-six (36) inches nor less than eight and one-
half (8-1/2) inches by fourteen (14) inches, including one and one-half (1-1/2) inch
border on each of the other sides. Where size of land areas or suitable scale to
assure legibility require, maps may be placed on two or more sheets with
appropriate match lines. Final plats shall be drawn at a scale of one (1) inch equals
two hundred (200) feet, or greater.
(I) Certification Required. The following signed certificates shall appear on all copies
of the final plat which are submitted to the Planning Board by the Subdivider:
(1) Certificate of Ownership and Dedication. I hereby certify that I am the owner
of the property shown and described hereon, which is located in the
subdivision jurisdiction of the Village of Saint Helena and that I hereby
adopt this plan of subdivision with my free consent, establish minimum
building setback lines, and dedicate all streets, alleys, walks, parks, open
space, and other sites and easements to public or private use as noted.
Furthermore, I hereby dedicate all sanitary sewer, storm sewer, and water
lines to the Village of Saint Helena.
Owner(s) Date
(2) Certificate of Survey and Accuracy. In accordance with G.S. 47-30: There shall
appear on each plat a certificate by the person under whose supervision
such survey or such plat was made, stating the origin of the information
shown on the plat, including recorded deed and plat references shown
thereon. The ratio of precision as calculated by latitudes and departures
before any adjustments must be shown. Any lines on the plat that were
not actually surveyed must be clearly indicated and a statement included
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revealing the source of information. The execution of such certificate shall
be acknowledged before any officer authorized to take acknowledgments
by the registered land surveyor preparing the plat. All plats to be recorded
shall be probated as required by law for the registration of deeds. Where
a plat consists of more than one sheet, only the first sheet must contain
the certification and all subsequent sheets must be signed and sealed.
The certificate required above shall include the source of information for
the survey and data indicating the accuracy of closure of the plat before
adjustments, and shall be in substantially the following form:
64
1, , certify that this plat was drawn
under my supervision from (an actual survey made under my supervision)
(deed description recorded in Book _, Page _, etc.) (other); that the
boundaries not surveyed are shown as broken lines plotted from
information found in Book _, Page _; that this plat was prepared in
accordance with G.S. 47-30 as amended. Witness my original signature,
registration number and seal this day of , A.D.
20 ."
Seal or Stamp
The certificate of the Notary shall read as follows:
"North Carolina,
County.
Surveyor
Registration Number
1, a Notary Public of the County and State aforesaid, certify that
a registered land surveyor, personally
appeared before me this day and acknowledged the execution of the
foregoing instrument. Witness my hand and official stamp or seal, this
day of , 20
Seal or Stamp Notary Public
My commission expires
113
H

(3) Certification ofApproval of Water Supply and Sewage Disposal Systems. I hereby
certify that the water supply and sewage disposal systems installed, or
proposed for installation in Subdivision meet
necessary public health requirements (as described in Article 23 of the this
Ordinance) and are hereby approved.
County Health Officer Date
or his Authorized Representative
(Certification not required for subdivisions which are connected, or will be
connected, to existing publicly owned and operated water supply and
sewage disposal systems.)
(4) Certiflcate of Approval of the Design and Installation of Streets, Utilities, and
Other Required Improvements. I hereby certify that all streets, utilities, and
other required improvements have been installed in accordance with NC
Department of Transportation specifications and standards, or that
guarantees of the installation of the required improvements in an amount
and manner satisfactory to the Village of Saint Helena has been received,
and that the filing fee for this plat, in accordance with the Village's Fee
Schedule, has been paid.
Building Inspector Date
(5) Certificate of Disclosure; Pender County F000dplain Management Regulations, if
applicable, to be signed by owner: I (we) hereby certify that prior to
entering any agreement or any conveyance with a prospective buyer, I (we)
shall prepare and sign, and the buyer of the subject real estate shall receive
and sign a statement which fully and accurately discloses that the subject
real estate, or a portion of the subject real estate, is located within a flood
hazard area and that the buyer must satisfy the requirements of Pender
County floodplain management regulations prior to the issuance of
building permits.
Date Owner's Signature
Owner's Signature
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(6) Acknowledgment of Compliance (Private Developments). 1,
, (name of developer and/or seller) hereby
certifies that the streets, parks, open space, or other areas delineated
hereon and dedicated to private use, and all traffic markings and control
devices shall not be the responsibility of the public or the municipality,
acting on behalf of the public, to maintain. Furthermore, prior to entering
any agreement or any conveyance with any prospective buyer, I shall
prepare and sign, and the buyer of the subject real estate shall receive and
sign, an acknowledgment of receipt of a disclosure statement. The
disclosure statement shall fully and completely disclose the private areas
and include an examination. of the consequences and responsibility as to
the maintenance of the private areas, and shall fully and accurately disclose
the party or parties upon whom the responsibility for construction and
maintenance of such private areas shall rest.
Date
Signature of Developer and/or Seller
Signature of Developer and/or Seller
(7) Notwithstanding any other provision contained in this Section, it is the
duty of the surveyor, by a certificate on the face of the plat, to certify to
one of the following:
(a) That the survey creates a subdivision of land within the area of a
county or municipality that has an ordinance that regulates parcels
of land;
(b) That the survey is located in such portion of a county or
municipality that is unregulated as to an ordinance that regulates
parcels of land;
(c) That the survey is of an existing parcel or parcels of land;
(d) That the survey is of another category, such as the recombination
of existing parcels, a court -ordered survey, and other exception to
the definition of a subdivision;
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(e) That the information available to the surveyor is such that the
surveyor is unable to make a determination to the best of his or her
professional ability as to provisions contained in Section 20-4(K)(1)
through (K)(5) above.
However, if the plat contains the certificate of a surveyor as stated in (a),
(d), or (e) above, then the plat shall have, in addition to said surveyor's
certificate, a certification of approval, or no approval required, as may be
required by local ordinance from the appropriate government authority
before the plat is presented for recordation. If the plat contains the
certificate of a surveyor as stated in (b) and (c), above, nothing shall
prevent the recordation of the plat if all other provisions have been met.
(L) Contents Required. The final plat shall depict or contain the information outlined
in Section 20-5; plat not illustrating or containing the required information shall
be returned to the subdivider or his authorized agent for completion and
resubmission.
(M) Review Procedure. Final plats shall be reviewed according to the following
procedure:
(1) Planning Board Review. The Planning Board shall approve or disapprove the
final plat within thirty (30) days of its first consideration.
During its review of the final plat, the Planning Board may appoint an
engineer or surveyor to confirm the accuracy of the final plat. If substantial
errors are found, in the opinion of the Planning Board, the costs shall be
charged to the subdivider and the plat shall not be approved until such
errors have been corrected.
If the Planning Board approves the final plat, such approval shall be
indicated on each copy of the plat by the following signed certificate:
Certification of Approval by the Planning Board. The Village of Saint Helena
Planning Board hereby approves the final plat for the
Subdivision.
Chairman, Saint Helena Planning Board
Date
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If the Planning Board disapproves the final plat, the Planning Board shall
state in writing its reasons for such action, specifying the provisions of this
Ordinance with which the plat does not comply. One (1) copy of this
statement shall be transmitted to the subdivider within fifteen (15) days of
disapproval; one (1) copy shall be retained by the Planning Board as a part
of its proceedings, and one (1) copy shall be sent to the Village Clerk. If
the final plat is disapproved, the subdivider may make such changes as will
bring the plat into compliance with the provisions of this Ordinance and
resubmit same for reconsideration by the Planning Board.
If the Planning Board fails to approve or disapprove the final plat within
thirty (30) days after first consideration, as previously defined in Section
20-3(G), such failure shall be deemed approval and shall constitute grounds
for the subdivider to apply for final approval by the Village Council.
(2) Village Council Review. If the Village Council approves the final plat, such
approval shall be shown on each copy of the plat by the following signed
certificate:
Certificate ofApproval forRecording. I hereby certify that the subdivision plat
shown hereon has been found to comply with the Subdivision Regulations
of the Village of Saint Helena, North Carolina, and that this plat has been
approved by the Village Council for recording in the Office of the Register
of Deeds of Pender County.
Village Clerk Date
Saint Helena, North Carolina
If the final plat is disapproved by the Village Council, the reasons for such
disapproval shall be stated in writing, specifying the provision(s) of this
Ordinance with which the final plat does not comply. One (1) copy of such
reasons shall be retained by the Village Council as a part of its proceedings,
one (1) copy shall be transmitted to the Planning Board; and one (1) copy
shall be transmitted to the subdivider. If the final plat is disapproved, the
subdivider may make such changes as will bring the final plat into
compliance with this Ordinance and resubmit same for reconsideration by
the Planning Board.
117

(N) Effect of Plat Approval on Dedication. The approval of a final plat shall not be
deemed to constitute or effect the acceptance by the Village of Saint Helena of the
dedication of any street or other ground, public utility line, or other public facility
shown on the plat. However, the Village of Saint Helena may be resolution of the
Village Council accept any dedication made to the public of lands or facilities for
streets, parks, public utility lines, or other public purposes, when the lands or
facilities are located within its subdivision regulation jurisdiction. Acceptance of
dedications of lands or facilities located within the subdivision regulation
jurisdiction but outside the corporate limits of the Village shall not require the
Village to open, operate, repair, or maintain any street utility line or other land or
facility, and the Village shall in no event be responsible in any civil action or
proceeding for failure to open, repair, or maintain any street located outside its
corporate limits.
(0) Disposition of Copies. If the final plat is approved by the Village Council, the original
tracing and one (1) print of the plat shall be returned to the subdivider. One (1)
reproducible tracing and one (1) print shall be filed with the Village Clerk; one (1)
print shall be retained by the Planning Board.
(P) Recording of the Final Plat. The subdivider shall file the approved final plat with the
Register of Deeds of Pender County for recording within ninety (90) days after the
date of Village Council approval; otherwise, such approval shall be null and void.
(Q) Resubdivision Procedures. For any replatting or resubdivision of land, the same
procedures, rules, and regulations shall apply as prescribed herein for an original
subdivision. Lot sizes may, however, be varied on an approved plan after
recording, provided that (a) no lot or tract of land shall be created or sold that is
smaller than the size shown on the approved plan; (b) drainage, easements, or
rights -of -way shall not be changed; (c) street alignment and block sizes shall not
be changed; (d) the property line between the back of the lots shall not be
changed; (e) the rear portion of lots shall not be subdivided from the front part;
and (f) the character of the area shall be maintained.
118

Section 20-5: Information to be Contained in or Depicted on All Preliminary and Final Plats
The preliminary and final plats shall depict or contain the information indicated in the following
table. An 'Y' indicates that the information is required.
Information
Preliminary Plat
Final Plat
Title Block Containing:
—Property Designation
x
x
—Name of Owner
x
x
—Location (including township, county, and state)
x
x
—Date or dates survey was conducted and plat prepared
x
x
A scale of drawing in feet per inch listed in words or
x
x
figures
A bar graph
x
x
—Name, address, registration number, and seal of the
x
x
Registered Land Surveyor
The name of the subdivider
x
x
A sketch vicinity map showing the relationship between the
x
x
proposed subdivision and surrounding area.
Scale: V = 400'
Corporate limits, township boundaries, county lines if on the
x
x
subdivision tract
The names, addresses, and telephone numbers of all owners,
x,
x
mortgagees, registered land surveyors, land planners,
architects, landscape architects, and professional engineers
responsible for the subdivision
The registration numbers and seals of the professional
x
x
engineers
Date of plat preparation
x
x
North arrow and orientation
x
x
The boundaries of the tract or portion thereof to be
x
subdivided, distinctly and accurately represented with all
bearings and distances shown
The exact boundary lines of the tract to be subdivided, fully
x
dimensioned by lengths and bearings, and the location of
existing boundary lines of adjacent lands
The names of owners of adjacent property
x
x
The names of any adjacent subdivisions of record or proposed
x
x
and under review
Building line minimum
x
x
The zoning classifications of the tract to be subdivided and
x
adjacent properties
119

Information
Preliminary Plat
Final Plat
Existing property lines on the tract to be subdivided and on
adjacent properties
x
Existing buildings or other structures, water courses,
railroads, bridges, culverts, storm drains, both on the land to
be subdivided and land immediately adjacent
x
x
Proposed lot lines, lot and block numbers, and approximate
dimensions
x
The lots numbered consecutively throughout the subdivision
x
Wooded areas, marshes, swamps, rock outcrops, ponds or
lakes, streams or streambeds, and any other natural features
affecting the site
x
The exact location of the flood hazard, floodway, and
floodway fringe areas from the Brunswick County Official
Flood Insurance Map
x
x
The following data concerning streets:
—Proposed public streets
x
x
—Proposed private streets
x
x
—Existing and platted streets on adjacent properties and in
the proposed subdivision
x
x
—Rights-of-way, location, and dimensions in accordance with
Section 21-9 of this Ordinance
x
x
—Pavement widths
x
x
Approximate grades
x
x
—Design engineering data for all corners and curves
x
x
Typical street cross -sections
x
x
—Street names
x
x
—For private streets, a street maintenance agreement in
accordance with Section 21-9(C) of this Ordinance
x
120

Information
Preliminary Plat
Final Plat
Type of street dedication; all streets must be designated
x
x
either "public" or "private." The subdivider must submit all
public or private street plans to the Land Use Administrator
for approval prior to preliminary plat approval. Where public
streets are involved which will not be dedicated to the Village
of Saint Helena, the subdivider must submit the following
documents to the NC Department of Transportation District
Highway Office for review: a complete site layout, including
any future expansion anticipated; horizontal alignment
indicating general curve data on site layout plan; vertical
alignment indicated by percent grade, PI station and vertical
curve length on site plan layout; the District Engineer may
require the plotting 'of the ground profile and grade line for
roads where special conditions or problems exist; typical
section indicating the pavement design and width and the
slopes, widths, and details for either the curb and, gutter or
the shoulder and ditch proposed; drainage facilities and
drainage areas
—Where streets are dedicated to the public, but not accepted
x
into the Village of Saint Helena system or the state system
before lots are sold, a statement explaining the status of the
street in accordance with Section 21-9 of this Ordinance
—If any street is proposed to intersect with a state-
x
maintained road, the subdivider shall apply for driveway
approval as required by the North Carolina Department of
Transportation, Division of Highways' Manual on Driveway
Regulations. Evidence that the subdivider has obtained such
approval
The location and dimension of all of the following:
—Utility and other easements
x
x
—Riding trails
x
x
—Natural buffers
x
x
—Pedestrian or bicycle paths
x
x
—Parks and recreation areas with specific type indicated
x
x
—Areas to be dedicated to or reserved for public use
x
x
Areas to be used for purposes other than residential with
x
x
the zoning classification of each stated
—The future ownership (dedication or reservation for public
x
use to governmental body, for owners to duly constituted
homeowners' association, or for tenants remaining in
subdivider's ownership) of recreation and open sace lands
121

Information
Preliminary Plat
Final Plat
The plans for utility layouts including:
—Sanitary sewers -
x
x
—Storm sewers
x
x
—Other drainage facilities, if any
x
x
—Water distribution lines
x
x
—Natural gas lines
x
x
—Telephone lines
x
x
—Electric lines
x
x
illustrating connections to existing systems, showing line
sizes, the location of fire hydrants, blowoffs, manholes, force
mains, and gate valves
Plans for individual water supply and sewage disposal
x
x
systems, if any
—Profiles based upon Mean Sea Level datum for sanitary
x
sewers and storm sewers
Site calculations including:
Acreage in total tract to be subdivided
x
Acreage in parks and recreation and open space areas and
x
other nonresidential areas
Total number of parcels created
x
Acreage in the smallest lot in the subdivision
x
—Sufficient engineering data to determine readily and
x
reproduce on the ground every straight or curved line, street
line, lot line, right-of-way line, easement line, and setback
line, including dimensions, bearings, or deflection angles,
radii, central angles, and tangent distance for the center line
of curved property lines that are not the boundary line of
curved streets. All dimensions shall be measured to the
nearest one -tenth of a foot and all angles to the nearest
minute
—The accurate locations and descriptions of all monuments,
x
markers, and control points
A copy of any proposed deed restrictions or similar
x
x
covenants. Such restrictions are mandatory when private
recreation areas or open space areas are established
—Where land disturbing activity is an acre or more in size, a
x
copy of the erosion control plan submitted to the appropriate
office of the North Carolina Department of Environment and
Natural Resources, which complies with NCGS § 113A, Article
4 (Sedimentation Pollution Control Act of 1973). Evidence of
approval must be provided prior to submittal of a final plat for
approval
122

Information
Preliminary Plat
Final Plat
Topographic maps with contour intervals of no greater than
x
five (5) feet at a scale of no less than one (1) inch equals four
hundred (400) feet
-404 wetland areas as determined by the Wilmington
x
x
District office of the U.S. Army Corps of Engineers
-All certifications required in Section 20-4(I)
x
-Any other information considered by either the subdivider,
x
x
the Planning Board, or Village Council, to be pertinent to the
review of the plat
-All mapping shall comply with G.S. 47-30
x
x
123

ARTICLE 21. IMPROVEMENTS REQUIRED AND MINIMUM STANDARDS OF DESIGN
Section 21-1: General
Each subdivision shall contain the following improvements depending on the proposed lot sizes
as expressed in the following chart:
Improvements Required
Lot Areas in 1,000 Square Feet
PUD
20 12
Group
Graded Streets & Lots
X X
X
Storm Sewer Drainage
X X
X
Central Water & Hydrants
X
X
Public Sewer
X X
Paved Streets X X X
Sidewalks One Side X X X
Curb & Gutter
Street Lights
Underground Wiring
Section 21-2: Suitability of Land
X X
X X
91
Land subject to flooding, improper drainage, erosion or that is for topographical or other reasons
unsuitable for residential use as determined by the Planning Board, shall not be platted for
residential use or for any other uses that will continue or increase the danger to health, safety,
or property unless the hazards can be and are corrected.
(A) Prevention of Flood Damage. Lands known to be within a floodplain or any area
known to be subject to flooding shall be so identified on the preliminary plat.
Appropriate deed restrictions shall be filed for those lands subject to flooding,
prohibiting their development for dwellings or other uses unless the sites are
flood -proofed as follows:
(1) No structures or fill shall be placed in the floodway which would interfere
with the natural water course.
124

(2) Streets and structures may be placed within the floodplain only if their
elevation is raised above maximum flood heights or if they are otherwise
floodproofed. Utility lines shall be placed so as to minimize flood damage
and infiltration.
(3) Dwellings and self-contained sewage disposal units (if used) shall be built
at an elevation above maximum flood heights.
(4) The subdivision drainage system shall be designed to prevent increased
flood flows due to newly developed impervious surfaces and other factors.
(B) Fill Areas. Areas that have been used for the disposal of solid waste shall not be
subdivided into commercial or residential building sites. This shall include those
areas that have been used for the disposal of trash, demolition waste, and other
waste materials (excluding fill dirt areas).
Section 21-3: Sidewalks
(A) Unless a variance for this requirement is granted by the Village Council, sidewalks
are required along streets; on corner lots, sidewalks shall be installed along both
streets. Sidewalks and sidewalk/driveway intersections shall be constructed
consistent with the specifications of the Village of Saint Helena as they may be
amended from time to time.
(B) As provided in NCGS § 136-44.14, whenever curb and gutter construction is used
on public streets, wheelchair ramps for the handicapped shall be provided at
intersections and other major points of pedestrian flow. Wheelchair ramps and
depressed curbs shall be constructed in accordance with published standards of
the NCDOT.
(C) Sidewalks shall be constructed to a minimum width of four (4) feet, and shall
consist of a minimum thickness of four (4) inches of concrete. All sidewalks shall
be placed in the right-of-way, unless the development is platted as a planned unit
or group development. Sidewalks shall consist of a minimum of six (6) inches of
concrete at driveway crossings.
125

Section 21-4: Natural Assets
In any subdivision due consideration will be given to preserving natural features such as trees,
ponds, streams, rivers, lakes, and for any historical sites which are of value not only to the
subdivision but to the county as a whole.
Section 21-5: Name of Subdivision
The name of a subdivision shall not duplicate or closely approximate the name of an existing
subdivision within the jurisdiction of the Village of Saint Helena.
Section 21-6: Sedimentation Pollution Control
In order to prevent soil erosion and sedimentation pollution of streams, springs, flat water
bodies, or other drainage networks, the subdivider shall comply with all requirements of the
"North Carolina Sedimentation Pollution Control Act of 1973" or any locally adopted sediment
control ordinances.Z
Section 21-7: Storm Water Drainage
The subdivider shall provide an adequate drainage system for the proper drainage of all surface
water. The design of such a system shall be subject to the approval of the Village Council.
(A) No surface water shall be channeled or directed into a sanitary sewer.
(B) Where feasible, the subdivider shall connect to an existing storm drainage system.
(C) Where an existing storm drainage system cannot feasibly be extended to the
subdivision, a surface drainage system shall be designed to protect the proposed
development from water damage.
(D) Surface drainage courses shall have side slopes of at least three (3) feet of
horizontal distance for each one (1) foot of vertical distance, and courses shall be
of sufficient size to accommodate the drainage area without flooding.
NOTE: Information concerning sedimentation controls and plans available through local
Agriculture Extension Office or NC Department of Natural and Economic Resources, Sedimentation
Control, 3143 Wrightsville Avenue, Wilmington, NC 28401.
126

(E) The minimum grade along the bottom of a surface drainage course shall be a
vertical fall of at least one (1) foot in each three hundred (300) feet of horizontal
distance.
(F) All streets adjacent to lots of twelve thousand (12,000) square feet or less shall
have curbs and gutters constructed to Department of Transportation standards.
The Planning Board may require curbs and gutters on streets adjacent to larger lots
if it is deemed appropriate for the control of surface drainage and/or to facilitate
street cleaning and maintenance.
Section 21-8: Water and Sewerage Systems
The preliminary subdivision plat must be accompanied by satisfactory evidence as to the
proposed method and system of water supply and sanitary sewage collection and disposal.
(A) Where the system is to be connected to the system owned and operated by the
Village, or sanitary district, but not constructed by the municipalities of county,
the preliminary subdivision plat shall be accompanied by a complete set of
construction plans for the proposed system, prepared by a registered engineer,
and approved by the engineer of the public sewer system or public water system,
and the appropriate State agency. Water supply systems should be approved by
the Fire Department as to location of hydrants and size of mains. No mains shall
be less than eight (8) inches inside diameter, and they shall be laid out so as to
create a complete circuit, with no dead end lines in excess of three hundred (300)
feet. A blowout shall be placed at the dead end. Water and sewer lines should be
installed in the street right-of-ways where possible.
(B) Where the proposed system does not contemplate the use of facilities owned and
operated by any of the above, the proposed facilities shall be approved by the
appropriate agency (see Article 23).
(C) Where public or community water supply and/or sewerage systems are not
available or to be provided, a written statement from the Pender County Health
Department shall be submitted with the preliminary plat indicating that each lot
has adequate land area and soil conditions suitable to accommodate the proposed
methods of water supply and sewage disposal. The statement from the Health
Department shall be based upon a field investigation. The field investigation for
sewage disposal shall include a sufficient number of percolation tests (at least
127

three percolation tests should be conducted in the exact area that nitrification
fields will be installed) to determine the absorption capacity of the soil and test
holes at least six (6) feet deep (as needed) to determine the depth to the ground
water table, and the presence of rock formation or other impervious strata.
Section 21-9: Streets
(A) Coordination and Continuation of Streets. The proposed street layout within a
subdivision shall be coordinated with the existing street system ofthe surrounding
area and where possible, existing principal streets shall be extended.
(B) Access to Adjacent Properties. Where, in the opinion of the Planning Board, it is
necessary to provide for street access to an adjacent property, proposed streets
shall be extended by dedication to the boundary of such property and a temporary
turn -around shall be provided.
(C) Private Streets and Reserve Strips. Private streets or reserve strips shall be prohibited
within any plated subdivision.
(D) Marginal Access Streets. Where a tract of land to be subdivided is adjacent to a
principal arterial street, the subdivider may be required to provide a marginal
access street parallel to the arterial street or reverse frontage on a minor street for
the lots to be developed adjacent to the arterial. Where reverse frontage is
established, private driveways shall be prevented from having direct access to the
expressway.
(E) Street Names. Proposed streets which are obvious in alignment with existing
streets shall be given the same name. In assigning new names, duplication of
existing names shall be avoided and in no case shall the proposed name be
phonetically similar to existing names irrespective of the use of a suffix such as
street, road, drive, place, court, etc. Street names shall be subject to the approval
of the Planning Board.
(F) Collector and Minor Streets. Collector and minor streets shall be so laid out that
their use by through traffic will be discouraged. Streets shall be designed or
walkways designed to assure convenient access to parks, playgrounds, schools,
and other places of public assembly.
128

(G) Design Standards. The design of all streets and roads within the jurisdiction of the
Village of Saint Helena shall be in accordance with the accepted policies of the NC
Department of Transportation, Division of Highways, as taken or modified from
the American Association of State Highway Officials (AASHO) manuals. The
provision of the street rights -of -way shall conform and meet the requirements of
the thoroughfare plan for Saint Helena as approved by the Saint Helena Planning
Board and adopted by the Village Council and the NC Department of
Transportation, Division of Highways.
(H) Right -of -Way Widths. Right-of-way widths shall not be less than the following and
shall apply except in those cases where right-of-way requirements have been
specifically set out in the Saint Helena Thoroughfare Plan.
U)
(K)
Right -of -Way, Feet
Urban
Minor thoroughfare 70
Local street 60
Cul-de-sac 100' diameter for turnaround
Pavement Widths. Pavement widths or graded widths shall be as follows:
Minor thoroughfare
Local road
Marginal access (frontage)
Cul-de-sac
Cul-de-sac turnaround
Streets with curb and
gutter (measured face- Streets without curb
to -face of curb) and gutter
44 feet 40 feet
24 feet
24 feet
24 feet
80 ft. in diameter
20 feet
20 feet
20 feet
80 ft. in diameter
Roads and Street Surfaces. All subdivision streets and roads shall be constructed to
meet the current requirements of the North Carolina Department of
Transportation, Division of Highways' standards for state maintenance.
Tangents. A tangent of at least one hundred (100) feet shall be provided between
reverse curves on all streets.
129

(L) Street Intersections. Street intersections shall be laid out as follows:
(1) All streets shall intersect at right angles and no street shall intersect at less
than sixty (60) degrees.
(2) intersections with a major street shall be at least one thousand (1,000) feet
apart measured from centerline to centerline.
(3) Where a centerline offset (jog) occurs at an intersection, the distance
between centerlines of the intersecting streets shall be not less than one
hundred twenty-five (125) feet.
(4) Property lines at street intersections shall be rounded with a minimum
radius of twenty (20) feet. At an angle of intersection of less than ninety
(90) degrees, a greater radius may be required.
(5) Proper sight lines shall be maintained at all intersections of streets. There
shall be a clear sight distance of one hundred fifty (150) feet for major
streets and seventy-five (75) feet for all other streets from the point of
intersection as measured along the centerline. No building or obstruction
shall be permitted in this area.
(M) Half Streets. The dedication of half streets of less than sixty (60) feet at the
perimeter of a new subdivision shall be prohibited. If circumstances render this
impracticable, adequate provision for the concurrent dedication of the remaining
half of the street must be furnished by the subdivider. Where there exists a half
street in an adjacent subdivision, the remaining half shall be provided by the
proposed development. However, a partial width right-of-way, not less than sixty
(60) feet in width, may be dedicated when adjacent undeveloped property that is
owned or controlled by the subdivider; provided that the width or a partial
dedication be such as to permit the installation of such facilities as may be
necessary to serve adjacent lots. When the said adjacent property is subdivided,
the remainder of the full required right-of-way shall be dedicated.
(N) Cul-De-Sacs. Permanent dead-end streets shall not exceed five hundred (500) feet
in length unless necessitated by topography and shall be provided with a
turnaround having the dimensions state herein before.
130

(0) Alleys. An alley may be provided to the rear of all lots used for other than
residential purposes. Alleys are prohibited in residential blocks unless approved
by the Planning Board. All alleys shall be designed in accordance with the
Department ofTransportation, Division of Highways' specifications and standards
and shall meet the following requirements:
Right-of-way width 20 feet
Property line radius at alley intersection 15 feet
Minimum centerline radius when deflection angle of 35 feet
not more than 10 degrees occurs
Minimum turnaround diameter of dead-end alley 80 feet
(right-of-way width)
(P) Geometric Characteristics. The standards outlined below shall apply to all
subdivision streets proposed for addition to the State Highway System or
Municipal Street System. In cases where a subdivision is sought adjacent to a
proposed thoroughfare corridor, the requirements of dedication and reservation
discussed under Right -of -Way shall apply.
(1) Design Speed. The design speeds for subdivision -type streets shall be:
Desirable (Minimum)
Urban
Minor Thoroughfares 60 50
Local Streets 40 40
(2) Maximum and Minimum Grades. The maximum grades in percent shall be:
Type of Topography
Flat-NCDOT Divisions
1, 2, 3, 4, and 5
60 Desirable
(50 Minimum)
3
(4)
40 Desirable
(40 Minimum)
5
(5)
The minimum grade in no case shall be less than 0.5%. Grades for 100 feet
each way from intersections should not exceed 5%.
131

(Q) Minimum Sight Distances. In the interest of public safety, the minimum sight
distance applicable shall be provided in every instance. Vertical curves that
connect each change in grade shall be provided and calculated using the following
parameters. (General practice calls for vertical curves to be multiples of 50 feet.
Calculated lengths should be rounded up in each case.)
Design Speed, MPH
Stopping Sight Distance
Min. Stopping Distance, Ft.
Des. Stopping Distance, Ft.
Minimum K Value For:
Min. Crest Vert. Curve
Des. Crest Vert. Curve
Min. SAG Vert. Curve
Des. SAG Vert. Curve
Passing Sight Distance
Min. Passing Distance, Ft. (2 lane)
Min. IC'Value for Crest Vert. Curve
20
30
40
50
60
150
200
275
350
475
150
200
300
450
650
16
28
55
85
160
16
28
65
145
300
24
35
55
75
105
24
35
60
100
155
1100 1500 1800 2100
365 686 985 1340
K* is a coefficient by which the algebraic difference in grade may be multiplied to
determine the length in feet of the vertical curve which will provide minimum sight
distance.
Sight distance provided for stopped vehicles at intersections should be in
accordance with "A Policy on Geometric Design of Rural Highways," and the
Zoning Ordinance for the Village of Saint Helena.
(R) Design Speeds. The following table shows the maximum degree of curve and
related maximum superelevation for design speeds. The maximum rate of
roadway superelevation (e) for roads with no curb and gutter is .08. The maximum
rate of superelevation for streets with curb and gutter is .06, and .04 being
desirable.
Minimum Maximum Degree of
Design Speed Maximum Radius Curve (Rounded)
MPH e' (Rounded) Feet Degrees
20 .04 125 45.00
30 .04
132
302
19.00

Minimum
Maximum Degree of
Design Speed
Maximum
Radius
Curve (Rounded)
MPH
e*
(Rounded) Feet
Degrees
40
.04
573
10.00
50
.04
955
6.00
60
.04
1528
3.45
20
.06
115
50.00
30
.06
273
21.00
40
.06
509
11.15
50
.06
844
6.45
60
.06
1380
4.15
20
.08
110
53.50
30
.08
252
22.45
40
.08
468
12.15
50
.08
764
7.30
60
.08
1206
4.45
Maximum rate of roadway superelevation, foot per foot.
(S) PUD Streets. A dense network of narrow streets with reduced curb radii may be
fundamental to sound design. This network serves to both slow and disperse
vehicular traffic and provide a pedestrian friendly atmosphere. Such alternate
guidelines are encouraged in PUDs when the overall design ensures that non -
vehicular travel is to be afforded every practical accommodation that does not
adversely affect safety considerations. The overall function, comfort, and safety
of a multi -purpose or "shared" street are more important than its vehicular
efficiency alone.
PUDs should have a high proportion of interconnected streets, sidewalks, and
paths. Streets and rights -of -ways are shared between vehicles (moving and
parked), bicycles, and pedestrians. A dense network of PUD streets will function
in an interdependent manner, providing continuous routes that enhance non -
vehicular travel. Most PUD streets should be designed to minimize through traffic
by the design of the street and the location of land uses. Streets should be
designed to only be as wide as needed to accommodate the usual vehicular mix
for that street while providing adequate access for moving vans, garbage trucks,
fire engines, and school buses (see Appendix 1).
133

Section 21-10: Design Standards of Blocks
(A) General. The lengths, widths, and shapes of blocks shall be determined with due
regard to: provision of adequate building sites suitable to the special needs of the
type of use contemplated; zoning requirements as to lot sizes and dimensions;
needs for vehicular and pedestrian circulation, control, and safety of street traffic;
limitations and opportunities oftopography; and convenient access to water areas.
(B) Block Length. Blocks shall not be less than four hundred (400) feet nor more than
thirteen hundred twenty (1,320) feet in length.
(C) Block Width. Blocks shall have sufficient width to allow two (2) tiers of lots of
minimum depth except where single -tier lots are required to separate residential
development from through vehicular_ traffic or another type of use, or when
adjacent to a water area.
(D) Pedestrian Crosswalks. Where deemed necessary by the Planning Board, a
pedestrian crosswalk at least ten (10) feet in width may be required to provide
convenient public access to a public area such as a park or school or to a water
area such as a stream, river, or lake.
Section 21-11: Design Standards of Lots.
(A) General. The lot size, width, depth, shape and orientation, and the minimum
building setback lines shall be appropriate for the location of the subdivision and
for the type of development and use contemplated.
(B) Subdivisions Subject to Zoning Ordinance District Regulations. Lots in subdivisions
locatedwithin a district specified bythe Zoning Ordinance shall meet and conform
to all lot size, dimension, and building setback requirements of said zoning
district.
(C) Large Tracts or Parcels. Where land is subdivided into larger parcels than ordinary
building lots, such parcels should be so arranged so as to allow for the opening of
future streets and logical further resubdivision.
134

Section 21-12: Design Standards for Easements
Easements shall be provided as follows:
(A) Utility Easements. Easements for underground or above ground utilities shall be
provided where necessary across lots or preferably centered on rear or side lot
lines and shall be at least ten (10) feet in width.
(B) Drainage Easements. Where a subdivision is traversed by a stream or drainage way,
an easement shall be provided conforming with the lines of such stream and of
sufficient width as will be adequate for the purpose.
(C) Buffer Strips. A buffer strip at least fifty (50) feet in width may be required by the
Planning Board adjacent to a major street or a commercial or industrial
development. This strip shall be in addition to the normally required lot
dimension, shall be part of the platted lot, and shall be reserved for the planting
of trees and shrubs by the owners.
Section 21-13: Placement of Monuments
Unless otherwise specified by this Ordinance, the Manual of Practice for Land Surveying as
adopted by -the NC State Board of Registration for Professional Engineers and Land Surveyors,
under provisions of Section 16, Chapter 89 of the General Statutes of North Carolina, shall apply
when conducting surveys for subdivisions; to determine the accuracy of surveys and placement
of monuments, control corners, markers, and property corner ties; to determine the location,
design, and material of monuments, markers, control corners, and property corner ties; and to
determine other standards and procedures governing the practice of land surveying for
subdivisions. The Suburban Land Survey (Class B) criteria shall apply to all subdivisions in the
Saint Helena jurisdiction area except for commercial and industrial surveys.
Section 21-14: Construction Procedures
(A) Commencement. No construction or installation of improvements shall commence
in a proposed subdivision until the preliminary plat has been approved, and all
plans and specifications have been approved by the appropriate authorities.
135

(B) Permits. No building, or other permits shall be issued for erection of a structure
on any lot not of record at the time of adoption of this Ordinance until all the
requirements of this Ordinance have been met.
(C) Access. The administrator of the Ordinance shall have access to premises and
structures during reasonable hours to make those inspections as deemed
necessary by him to ensure compliance with this Ordinance.
(D) Inspection. The subdivider, prior to commencing any work within the subdivision,
shall make arrangements with the Administrator of this Ordinance to provide for
adequate inspection. The approving authorities having full jurisdiction or their
representatives shall inspect and approve all completed work prior to release of
the sureties.
(E) Erosion Control. The subdivider shall cause all grading, excavations, open cuts, side
slopes, and other land surface disturbances to be so mulched, seeded, sodded, or
otherwise protected to comply with the provisions of Section 21-2.
(F) Existing Flora. The subdivider shall make every effort to protect and retain all
existing trees, shrubbery, vines, and grasses not actually lying in public roadways,
drainageways, building foundation sites, private driveways, soil absorption waste
disposal areas, paths, and trails. Such trees are to be protected and preserved
during construction in accordance with sound conservation practices
recommended by the US Department of Agriculture in Agricultural Information
Bulletin No. 285, Protecting Trees Against Damayre from Construction Work, U.S.
Government Printing Office, 1964. Such trees are to be preserved by well islands
or retaining walls whenever adjacent grades are altered. Temporary vegetation
and mulching shall be used to protect critical areas, and permanent vegetation
shall be installed as soon as practical.
(G) Construction. Construction at any given time shall be confined to the smallest
practical area and for the shortest practical period of time.
Section 21-15: Oversized Improvements
The Village of Saint Helena may require installation of certain oversized facilities such as water
mains in excess of 8" diameter, when it is in the interest of future development. The Village shall
pay for that portion of the improvement which exceeds the standards set forth in this Ordinance.
136

ARTICLE 22. PUBLIC FACILITIES
Section 22-1: Educational Areas
When a preliminary subdivision plat is submitted for approval, in which, according to the land use
plan, a school site should be reserved, the Planning Board shall notify the Pender County School
Board of Education that the subdivision has been submitted for approval and that under the
Ordinance a school site may be reserved therein. In reviewing the subdivision and giving approval
thereto, the Planning Board shall consult the Board of Education in determining the exact size and
location of any school site to be reserved therein. Before the final plat of the subdivision is
approved, the Board of Education shall determine whether or not it wishes to have a school site
reserved in the subdivision. If the Board of Education wishes to have a school site reserved in the
subdivision, the subdivision as finally approved shall reserve a school site of a size and location
agreeable to the Board of Education and to the Planning Board. The Board of Education shall than
have eighteen (18) months beginning on the date of final approval of the subdivision within which
to acquire the site. If the Board of Education either has not purchased or begun proceedings to
acquire the site within eighteen (18) months after the subdivision is finally approved, the
subdivider may treat the lands as freed of the reservation. If the Board of Education does not
wish to have a school site reserved, the subdivider shall be immediately notified that he may
proceed with the disposition of the land in question in accordance with the subdivision
procedures and provisions of this Ordinance.
Section 22-2: Recreation Areas
(A) Every person who subdivides land for residential purposes may at the time of final
approval of the subdivision plat agree to dedicate a portion of such land, as set
forth in this Ordinance for the purpose of providing recreation areas or parks to
serve the future residents of the neighborhood within which the subdivision is
located. As an alternative to the dedication of a portion of such land by the
subdivider and/orwhere it is determined by the Planning Board and Village Council
that a dedication of land is not feasible in a given plat or incompatible within the
Saint Helena Land Development Plan, the subdivider may make provisions for an
equitable amount of land in another location, or pay to the Village a fee in lieu of
dedication as provided herein.
(B) The land received under this Ordinance shall be used only for the purpose of
providing neighborhood park and recreational areas, but shall not be so restricted
should the Village determine to sell such land as provided by this paragraph. The
137

Village shall have the right sell any land dedicated to the Village for neighborhood
park and recreation purposes on finding by the Planning Board that a particular
piece of property is not appropriate for recreational development or incompatible
with the Village Land Development Plan. Fees collected in lieu of dedications and
any proceeds from such transactions or sales shall be held in a special fund by the
Village and the funds shall be used by the Village for the purpose of acquiring the
developing neighborhood recreation areas as shown on the Land Development
Plan, and for no other purposes. The depository for such funds may be the same
as permitted other funds of the Village and pending their expenditure in
accordance with the terms of this act, such funds may be invested as other funds
of the Village. The Village may at its discretion, add additional monies to the fund
for the purposes of purchasing neighborhood recreational land to be used for
neighborhood recreational purposes. On all matters not specifically provided for
in this Article, the Municipal Fiscal Control Act, as amended, shall be controlling.
(C) The land dedicated under this Ordinance or any provisions made under this
Ordinance shall be used only for the purpose of providing parks or recreation areas
and the location of the land shall bear a reasonable relationship to the use of the
area by the future inhabitants of the subdivision or residential development.
(D) Where land for private park and recreational purposes is provided in a proposed
subdivision and such space is to be privately -owned and maintained by all of the
future residents of the subdivision, such areas may be credited against the
requirement of dedication for park and recreation purposes, as set forth in this
Ordinance provided the Village Council, upon recommendation of the Planning
Board, finds it is in the public interest to do so, and that the following standards
are met:
(l) That yards, court areas, setbacks, and other open areas required to be
maintained by the zoning and building regulations, shall not be included
in the computation of such private recreation areas; and
(2) That the private ownership and maintenance of the recreation areas is
adequately provided for by written agreement; and
(3) That the use of the private recreational areas is restricted for park and
recreational purposes by recorded covenants which run with the land in
138

favor of the future owners of property within the tract and which cannot
be defeated or eliminated without the consent of the Village Council; and
(4) The proposed private park or recreational area is reasonably adaptable for
use for park and recreational purposes, taking into consideration such
factors as size, shape, topography, soil conditions, access, and location;
and is in substantial accordance with the provisions of the park and
recreational elements of the comprehensive plan as interpreted by the
Planning Board; and
(5) That all land set aside for privately controlled park and recreational areas
be made available to all residents of the residential development against
which the site obligation was originally assumed.
(E) Where park or recreation space is deeded to a homeowners' association or any
non-profit ownership in lieu of public dedication or fee payment, the subdivider
or owner shall record a declaration of covenants and restrictions that will govern
the open space of the association or nonprofit organization. This shall be
submitted with the application for preliminary plat approval. Provisions shall
include but not be limited to the following:
(1) The homeowners' association shall be established before the homes are
sold.
(2) Membership shall be mandatory for each home buyer and all successive
buyer(s).
(3) Any sums levied by this association that remain unpaid shall become a lien
on the individual homeowner's property which shall be subordinate only
to tax and mortgagee liens.
(4) The association shall be responsible for the liability insurance, local taxes,
and the maintenance of recreational and other facilities.
(5) If all or any portion of property held by the association is being disposed,
or if the association is dissolved, adequate open space shall be deeded to
the Village to satisfy the requirements for public recreation facilities under
this Article.
139

(F) Nothing herein shall be construed to limit the amount of privately controlled open
space land which may be included under this agreement, over and above the
recreation and park site obligation.
(G) All land dedicated for recreation and park development shall substantially meet the
following criteria:
(1) Unity. The dedicated land shall form a single parcel of land except where
the Planning Board determines that two (2) parcels or more would be in the
public interest and may also determine that a connecting corridor of open
space is in the public interest, and in which case the path shall not be less
than thirty (30) feet wide for the purpose of accommodating a path or trail.
(2) Shape. The shape of the parcel of land dedicated for recreation and park
purposes shall be sufficiently round or square to be usable for recreational
activities such as softball, tennis, croquet, etc. Open space that is provided
need not meet this requirement. Moreover, such lands should be linear in
shape and so located as to provide for linkage between recreation and park
areas, dwelling structures, and other open space networks.
(3) Location. The dedicated recreation or park land shall be located so as to
reasonably serve the recreation needs of the subdivision for which the
dedication was made. As a general criteria, such areas should be located
so that every dwelling unit is within one -quarter (1/4) mile of one or more
recreation or park areas.
(4) Access. Public access to the dedicated land shall be provided either by
adjacent street frontage or public easement at least twenty (20) feet in
width.
(5) Topography. Slope on areas dedicated for recreation shall not exceed five
percent (5%).
(6) Usableness. The dedicated land shall be usable for recreation; lakes may
not be included in computing dedicated land area. Where the Planning
Board determines that recreational needs are being adequately met, either
by other dedicated parcels of land or existing recreational facilities, then
land that is not usable for recreation may be dedicated as open space.
140

(7) Plans. Municipal and County plans shall be taken into consideration when
evaluating land proposals for dedication.
(H) The procedure for determining whether the subdivider is to dedicate land, pay a
fee, or both, shall be as follows:
(1) Subdivider. At the time of filing a preliminary plat for approval, the owner
of the property shall, as a part of such filing, indicate whether he desires
to dedicate property for park and recreational purposes, or whether he
desires to pay a fee in lieu thereof. If he desires to dedicate land for this
purpose, he shall designate the area thereon on the preliminary plat as
submitted.
(2) Action of Village. At the time of the preliminary plat approval, the Planning
Board shall recommend and the Village Council shall determine as a part
of such approval, whether to require a dedication of land within the
subdivision, payment of a fee in lieu thereof, or a combination of both.
(3) Prerequisites for Approval of Final Plat. Where dedication is required, such
dedication shall be shown upon the final plat submitted for approval.
Where fees are required, the same shall be deposited with the Village prior
to the recording of the final plat. Open space covenants for private park
or recreational facilities shall be submitted to the Village prior to approval
of the final plat and shall be recorded contemporaneously with the final
plat.
(1) Whether the Village Council accepts the land dedication or elects to require
payment of a fee in lieu thereof or a combination of both shall be determined by
consideration of the following:
(1) Recreational element of the Saint Helena Land Development Plan; and
(2) Topography, geology, access, shape, location and other criteria mentioned
above relating to land in the subdivision available for dedication; and
(3) Size and shape of the subdivision and land available for dedication.
141

Q) The determination of the Village Council as to whether land shall be dedicated, or
whether a fee shall be charged or a combination of both, shall be final and
conclusive.. On subdivision involving fifty (50) dwelling units or lots or less, only
the payment of fees shall be required.
(K) The amount of land required to be dedicated shall be computed on the basis of the
following formula:
Area to be dedicated (in acres) _ (.01) X (Number of dwelling units or lots)
(L) Where a fee is paid in lieu of land dedication, the amount of such fee shall be a
sum equal to the fair market value of the amount of land which would otherwise
be required to be dedicated. Fair marketvalue shall be determined at the time the
final plat is submitted, determined by any of the following means:
(1) Fair market value determined by the Village Council on the advice of the
Planning Board based upon current appraisals and acceptance to the
subdivider; or
(2) In the event the Village and the subdivider of land cannot agree upon the
location, terrain, size, or shape of the land necessary to be dedicated for
a neighborhood recreation area; or cannot agree upon the details of
provisions for an equitable amount of land in another location; or where
there is any disagreement between the Village and the subdivider the same
shall be determined by a special committee.
One member of the committee shall be a professional land appraiser and
shall be appointed by the Village Council. The second member shall be a
professional land appraiser and shall be appointed bythe developer. These
two members shall appoint a third member.
The committee shall view the land and hear the contentions of both the
Village and the subdivider. The findings of the committee shall be by
majority vote and shall be certified to the Village Council within forty-five
(45) days of the time of appointment of the third member of the
committee. The costs of the professional land appraiser appointed by the
subdivider shall be borne entirely by the subdivider. All other costs shall
be borne by the Village.
142

ARTICLE 23. WATER AND SEWERAGE SYSTEMS
Section 23-1: General
Water supply systems serving ten or more connections are classified as public water supplies by
State law, and plans and specifications must be approved by the Sanitary Engineering Section,
Health Services Division, NC Department of Human Resources.
Awater system serving ten (10) or more connections and originating from groundwater requires
a permit from the NC Department of Natural and Economic Resources, Raleigh.
Water supply systems serving from two (2) to nine (9) connections, inclusive, may be regulated
by the County Board of Health, and plans should be approved by the County Health Department.
Plans for public and community sewer systems must be approved by the Environmental
Management Division, NC Department of Natural and Economic Resources.
Individual water supplies should be located, constructed, and operated in accordance with the
"1972 Well Construction Act." See Well Construction Regulations and Standards, NC Department
of Natural and Economic Resources.
Individual sewage disposal systems must be installed and maintained in accordance with the State
Board of Health "Rules and Regulations Governing the Disposal of Sewage from Any Residence,
Place of Business, or Place of Public Assembly in North Carolina" and the regulations ofthe County
Board of Health. State Board of Health Bulletin No. 519, "Residential Sewage Disposal Plants,"
contains helpful information.
Section 23-2: Public Water and Sewerage Systems
Approval is based on plans and specifications approved, respectively, by the Sanitary Engineering
Section, Health Services Division, NC Department of Human Resources and the Environmental
Management Division, NC Department of Natural and Economic Resources.
Section 23-3: Semi -Public Water Systems (2-9 connections) and Public Sewerage Systems
Approval is based on plans and specifications approved, respectively, by the County Health
Department and the Environmental Management Division, NC Department of Natural and
Economic Resources.
143

Section 23-4: Public or Semi -Public Water Systems and Individual Sewage Disposal Systems
Water supply based on plans and specifications approved by either the Sanitary Engineering
Section, Health Services Division, NC Department of Human Resources or the County Health
Department, whichever is acceptable. Individual sewage disposal systems based on a site
investigation by the County Health Department, including tests of the absorption capacity of the
soil and sub -soil investigation, showing that the site is suitable for individual sewage disposal
systems in accordance with regulations adopted by the Environmental Management Division, NC
Department of Natural and Economic Resources and Health Services Division, NC Department of
Human Resources.
Section 23-5: Individual Water Supplies and Public Sewerage System
Approval is based on a site investigation by the County Health Department and sewerage system
plans and specifications approved by the Environmental Management Division, NC Department
of Natural and Economic Resources.
Section 23-6: Individual Water Supplies and Individual Sewage Disposal Systems
Approval is based on a site investigation by the County Health Department, including tests of the
absorption capacity of the soil and sub -soil investigations, showing that the site is suitable for
individual water supplies and individual sewage disposal systems.
Individual water supplies should be located, constructed, and operated in accordance with "Well
Construction Act of 1972." See Well Construction Regulations and Standards, NC Department of
Natural and Economic Resources, Raleigh.
144

ARTICLE 24. ENVIRONMENTAL IMPACT ASSESSMENT
As required by the National Environmental Policy Act of 1969 (P.L. 91-190), the following is an
environmental assessment of the Subdivision Regulations of Saint Helena, North Carolina.
Section 24-1: Summary or Abstract of the Proposed Plan(s) or Policies
The subdivision regulations require more careful planning on the part of the subdivider and give
further assurances to the community that subdivision of land within its boundaries will have
positive rather than negative effects.
Section 24-2: Environmental Impact (Beneficial as well as Adverse) of the Proposed Plan(s) or
Policies, If They Are Carried Out, Including the Relationship of the Proposed
Action to Land Use Plans, Policies, and Controls for the Affected Area
Provided these regulations are enforced, they will be beneficial to the Village since the review
process will be defined. Specific regulations are included regarding the suitability of land for
subdivision into lots, utility requirements, surface drainage regulations, street paving, and
guarantees of performance and improvement. These measures, if carried out, will help insure that
development will occur where the land is capable of supporting it with minimum adverse effects
to the environment. No adverse impact is foreseen.
Section 24-3: Any Adverse Environmental Effects Which Cannot Be Avoided Should The
Proposed Plan(s) or Policies Be Implemented
These regulations provide for a review of subdivision proposals and require more assurance by
the developer that his development will be carefully planned and that the impact on road systems,
drainage, etc., will be handled in ways to maintain the quality of the environment. There would
be no adverse environmental effects.
Section 24-4: Alternatives to the Proposed Plan(s) or Policies and an Analysis of Those
Alternatives
The alternatives are (a) adoption and enforcement of these regulations, or (b) adoption of no
revisions. If "a" is followed, the Village will be able to promote a higher quality of land
development in its subdivisions, thus providing a better living environment for its citizens while
making sure that responsibility for maintaining this quality is borne in good measure by the
developer and not by the community for remedial measures necessary as a result of irresponsible
145

development. If "b" is followed, the community will be in a more vulnerable position as land
subdivision takes place.
Section 24-5: The Relationship, Under the Proposed Plan(s) or Policies, Between Local Short
Term Uses of Man's Environment and the Maintenance and Enhancement of Long
Term Productivity
As stated previously, these revised regulations will help to assure responsible and well -planned
land subdivision, therefore enhancing the long term productivity of the environment.
Section 24-6: Any Irreversible and Irretrievable Commitments of Resources Which Would Be
Involved if the Proposed Plan(s) or Policies Should Be Implemented
Since the proposed regulations will provide further opportunities to review and consider
additional factors before committing any resources to additional subdivision development, there
would be minimal irreversible or irretrievable commitments of resources when the regulations
are adopted.
146

APPENDIX I
STREET TYPES
r� 5' 6• 1d' - -I - 6' ` S'
u+.Nmum r'ghf or way Q,
LANE
Purpose: Provides access to single-family homes.
Features
• Street width 18' with curb and gutter and
informal parking designated on street
• Planting strips 6'
• Sidewalks 5' on each side
• Design speed 20 mph
• Posted speed 20 mph
• Requires a 40' right of way
• Drainage - curb and gutter
Features
• Generally two to six blocks long
Building and Land Use
• Residential - primarily single family homes
S'•� 6' 2d' --J -
Afrnlsnrm rrpftf or way SO'
631MA"
Purpose: Provides access to housing
Features
• Street width 28' with curb and gutter and
informal parking
• Planting strips 6'
• Sidewalks 5' on each side
• Design speed 20 mph
• Posted speed 20 mph
• Requires a 50' right of way
• Drainage - curb and gutter
Features
• Generally two to six blocks long
Building and Land Use
• Residential - many residential types

a• —L 6•-L a' --L 6' L rr1— ta• i' f2' L 6'-�— E' —LC-- a•
Mnimum x�ht or way 98'
Purpose: Avenues are short distance, medium speed connectors between neighborhoods and core areas. As
such, they are used in both residential and commercial areas, often terminating at prominent
buildings or plazas. Avenues may also circulate around squares or neighborhood parks.
Features
• Street width 26' on both sides of median with on -street
parking, 18' if no parking or curb and gutter
• Median width 18' (minimum)
• Travel lanes 12'
• Maximum 2 travel lanes
• Bike lanes and planting strips 6'
• Sidewalks 8' on each side
• Design speed 30 mph (maximum)
Features
• Posted speed 25 - 30 mph
• Requires a 98' right of way
• Drainage - curb and gutter
Buildinq and Land Use
• Mixed residential and commercial use
a• -.I_ VJ — a• --I-- it, __L_ fr -.1— a• __J_ e•...)..- s'
fthl of way is,
MAIN STREET WITHOUT MEDIAN
Purpose: Main streets provide low -speed access to neighborhood, commercial, and high density residential arez
Features Features
• Travel lanes 11' with striped parking • Drainage - curb and gutter
• Maximum 2 travel lanes • Includes bulbouts at intersections and
• Planting wells 6'- landscaped median optional mid -block crossings
(minimum 18') • Bike lanes optional but preferred (minimum 6')
• Sidewalks minimum of 8' each side
Building and Land Use
• Design speed 25 mph (maximum)
• Commercial and mixed use
• Posted speed 20 - 25 mph High density residential
• Requires a 66' right of way

FIGURE 5
a' --L 6' L a• 6•- L 11' -L 12' 1 20•rr/mm m -_L 12' --L 11•—L I. _L a• ..L,--[r. a•
Ah`aa nBrs+ofway 11r
BOULEVARD
Purpose: Provides multi -lane access to commercial and mixed -use buildings, and carries regional
traffic.
Features
• Lanes 11' with striped parking and bike lanes
• Maximum 4 travel lanes
• Planting wells 6 -11'
• Sidewalks 8' on each side
• Design speed 40 mph (maximum)
• Posted speed 30- 35 mph
FIGURE 6
Features
• Requires a 122' right of way
• Drainage - curb and gutter
Building and Land Use
• Commercial and mixed use
10- fs 1 7. 20•-1— 14, -.1— 1r ..4.-- a0• --�« 1J• � W —L 7. 20• , 10- W
Alight o/ way Its. 132' --.
PARKWAY
Purpose: Parkways bring people into town, or pass traffic through natural areas. Parkways are not designed for
development. When the parkway enters town, it becomes a boulevard.
Features Features
• Travel lanes 11- 12' 6' minimum paved shoulder on high-
speed parkway (greater than 45 mph:
• Median width 30' typical section has shoulder with
• Design speed 50 mph (maximum) ditches)
• Posted speed 45 mph (maximum)
• Requires a 11 8'right of way (minimum)
• Drainage - swales allowed, or curb and gutter
• Multi -use trails 10 -14'
• Planting strips 7 - 20'
• Bike lane not adjacent to travel lane
Building and Land Use
• Parkways are designed to be on the
edge of towns, nature preserves, or
agricultural areas
• Multi -use trails may be on either or
both sides

Provided for informational use only
FIGURE 7
TRAIL
Purpose: Provides non -motorized access throughout the neighborhood.
[Note: Not to be accepted onto the state system]
Features Building and Land Use
• Shade trees recommended Link to make connections between homes,
• Trail width 10-14' parks, schools, and shopping districts
• Stopping sight distance 125'
• Clear zone 3-6'
13—A,4.A f—;nf--f;—nl nm —1,,
3'-L TZ -14'-L 5'.{
RIgM of way 20 - 2Y
Alleys
Purpose: Although part of the interconnected street system, alleys provide access to property but are not
intended to accommodate through traffic. Alleys are often used by garbage trucks. In some areas
alleys must accommodate dumpsters.
[Note: Not to be accepted onto the state system]
Features
• Requires 20' right of way (minimum)
• Utilities, either above or underground, may
be located in alleyways to provide service
connections to rear elevations
• Width 12' (minimum)
• Additional pavement at alleyway
intersections is necessary to facilitate
turns.
Building and Land Use
• Residential - primarily single family
• Provides rear access to garages

C;-
RA-20
R
1-1
0
ad
1 17
0.5 0 0.5 1 Miles
Village of St.Helena
Zoning Map
August 19, 2003
Legend
oVillage Limits
�• : ETJ
Zoning
B-2
1-1
1-2
O&1
R-12
R-20
RA-20
1 Inch = 2000 Feet