The provision[s] of this article shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, and general welfare and shall apply uniformly to each class or kind of structure or land.

It is not intended by this article to abrogate or annul any easements, covenants, or other agreements between parties imposing greater restrictions upon the use of buildings or land.

Where this article imposes greater restrictions upon the use of buildings or land, upon the height of buildings, or requires greater lot area and width, greater yards, courts, or open spaces than required by such other provisions of law or ordinance or by such easements, covenants, or agreements, the provisions of this article shall control.

1203.01 Required yards not to be used by another building, carport or covered parking space: The minimum yards or other open spaces required by this ordinance for each and every building, carport or covered parking shall not be encroached upon or considered as meeting the yard or open space requirements of any other building.

1203.02 Relationship of building to lot: Every building hereafter erected, moved, or structurally altered shall be located on a lot. No more than two principal residential dwellings and their customary accessory buildings shall be allowed on lots five acres or greater with road frontage on a state maintained right-of-way. The dwellings must meet all minimum zoning setbacks as though the lot was divided into two separate lots. Lots less than five acres in area shall be allowed one principal residential dwelling. In no case shall any lot without road frontage on a state maintained right-of-way be allowed more than one principal residential dwelling. Lots accessed by private rights-of-way or easements shall be allowed one principal residential dwelling provided the lots have legal access.

(Amend. of 9-4-01)

1203.03 Street access: No building shall be erected on a lot which does not abut upon a street or recorded access easement, as defined in article X; provided, that in a planned shopping center, or group housing development a building may be erected on a lot space which adjoins a parking area or other dedicated open [space] used in common with other lots.

(Ord. of 6-7-82)

1203.04 Reduction of lot and yard prohibited: No yard or lot existing at the time of the passage of this ordinance shall be reduced in size or area below the minimum requirements set forth herein for the district in which the yards or lots are located. Yards or lots shall meet at least the minimum requirements established by this ordinance.

1203.05 Lots of record:

a.

Where the owner of a lot of record at the time of the adoption of this ordinance or his successor in title thereto does not own sufficient land to enable him to conform to the dimensional requirements of this ordinance, such lot may be used as a building lot for a single-family residence in a district in which residences are permitted; provided, that the lot width and/or lot area are not more than 20 percent below the minimum specified for the districts. In any case where the lot area and/or lot width are more than 20 percent below the minimum specified for the district or other dimensional requirements cannot be met for such a lot, the board of adjustment shall approve, as a variance, such dimensions as shall conform as closely as possible to the required dimensions.

b.

Any parcel of land or group of contiguous lots under one ownership, which has an area of at least 180 percent of the minimum lot area prescribed by this ordinance for the district in which said parcel or group of lots is located, and which has not, since the adoption of this ordinance, been reduced below an area of 200 percent of such minimum lot area, and is not joined by other land in the same ownership, may be divided into two lots, neither of which has an area of less than 85 percent of such required minimum lot area, and each of the two resulting lots may be used as a lot for a permitted use in the district; provided that all other regulations for the district shall be met. The board of adjustment shall not have the authority to permit any variance from the foregoing figure of 180 percent, but may permit minor deviations from the resultant minimum, which in their opinion, result in a better utilization of the land for building purposes.

1203.06 Lots not served by public water and sewer: Any lot or parcel that is not served by both public water and public sewer or any lot or parcel that is lacking in addition to the other regulations of the district in which said lot or parcel is located, shall comply with the following dimensional requirements:

a.

Where any parcel or lot is not served by either public water or sewer, the minimum lot area and lot width of such parcel or lot on which a building may be erected shall be 25,000 square feet and 100 feet respectively of usable space as determined by the Halifax County health department.

b.

Where a lot or parcel is served by public water but not sewer, or public sewer but not water, a lot or parcel on which a building may be erected shall have a minimum lot area of 20,000 square feet and a minimum width of 100 feet of usable space as determined by the Halifax County health department.

c.

Two-family dwellings shall be served by water and sewer facilities as required by Halifax County health department.

d.

Multifamily dwellings shall be served by public water and sewer.

e.

All lots requiring individual sewage and/or water system must comply with all applicable rules and regulations of the Halifax County health department and the State of North Carolina.

f.

Lots served by a septic tank system and located on a watershed of a class I or II reservoir or on the watershed of a portion of a class A-II stream extended from a class I reservoir to a downstream intake to a water purification plant shall contain at least 40,000 square feet of area suitable for a septic tank location and operation. The location and extent of these watersheds is determined by the division of health services, department of human resources.

(Amend. of 3-8-99(1))

The dimensional requirements of this ordinance shall be complied with in all respects except that under the specific conditions as outlined in this ordinance the requirements may be waived or modified as stated herein.

1204.01 Modifications to front yards in residential districts: The minimum required front yard depths in all residential districts shall not apply to any lot in any block where lots comprising at least 40 percent or more of the frontage on any one side of the street within the block have been developed with buildings whose front yards have a variation in depth of not more than eight feet. In such cases no building hereafter erected, moved, or structurally altered shall project beyond the average front yard depth of such buildings provided this regulation shall not be construed as to require a front yard greater in depth than the minimum front yard specified in the schedule of district regulations for the district in which such lot is located. Provided further no front yard depth need exceed the average of that provided for the two adjoining buildings, one on either side thereof, if such two adjoining buildings are less than 200 feet apart. However, no proposed building shall be permitted within 20 feet of any street line. Where double frontage lots occur, the required front yard shall be provided on both streets.

1204.02 Projections into required yards: Architectural features such as open or enclosed fire escapes, cornices, eaves, steps, gutters, buttresses, outside stairways, balconies, and similar features, but not porches, may project not more than 30 inches into any required side yard and not more than three feet into any required front yard or any required rear yard. Retaining walls, terraces fences and other such landscape structures shall be exempt from the yard and building setback requirements of this ordinance, provided that fences and walls shall be subject to the height limitations for fences and walls as set forth in this ordinance and provided further that the corner visibility provisions of this ordinance shall be observed. In addition, public utility operational facilities (including but not limited to pumping stations, water tanks, water treatment facilities, sewer treatment facilities with the exception of business offices) shall be exempt from the required yard and building setback requirements of this ordinance.

1204.03 Height limit exceptions:

a.

Public or semipublic buildings, hospitals, sanitariums, schools and churches or temples, where permitted in a district, may be erected to a height not exceeding 96 feet.

b.

Chimneys, water tanks, or towers, penthouses, scenery lofts, elevator bulkheads, stacks, ornamental towers or spires, wireless or broadcasting towers, or monuments, cupolas, domes, false mansards, parapet walls, and similar structures, and necessary mechanical appurtenances may be erected to a height in accordance with existing or hereafter adopted ordinance[s].

c.

Radio, TV transmitting and receiving antennas and towers may be allowed in any zone to a total height not to exceed 40 feet. Any tower or antenna exceeding 140 feet in height will be considered a mast and controlled as such.

(Amend. of 11-6-00)