Halifax County Unincorporated
City Zoning Code

ARTICLE XIII

- SPECIFIC DISTRICTS

Section 1300. - Regulations for specific districts.

Within the districts indicated on the zoning map no building or land shall be used and no building shall be erected or altered which is intended or designed to be used in whole or in part for any use other than those listed as permitted for that district in this article.

Provided further, that the minimum lot size on watersheds of class I and class II reservoirs are subject to the Rules and Regulations for the Protection of Public Water Supplies as adopted by the North Carolina state board of health. However, in no case shall the lot size in any district be less than the stated minimum requirements of this ordinance nor shall any use of the land not specifically permitted be allowed.

1300.01 Board of adjustment jurisdiction over uses otherwise permissible with a zoning permit. Notwithstanding any other provisions of this section, whenever the permitted uses listed provides that a use in a nonresidential zone is permissible with a zoning permit, a conditional use permit shall nevertheless be required if the planning director finds that the proposed use would have an extraordinary impact on neighboring properties or the general public. In making this determination, the planning director shall consider, among other factors, whether the use is proposed for an undeveloped or previously developed lot, whether the proposed use constitutes a change from one principal use classification to another, whether the use is proposed for a site that poses peculiar traffic or other hazards or difficulties, and whether the proposed use is substantially unique or is likely to have impacts that differ substantially from those presented by other uses that are permissible in the zoning district in question.

(Amend. of 12-5-05, § I)

Section 1301. - R-A residential agricultural district.

The R-A residential agricultural district is established as a district in which the principal use of the land is for low density residential and agricultural purposes where development not having access to public water and sewer services will occur at sufficiently low density to provide a healthful environment. In addition, a number of uses may be allowed subject to conditions required by the zoning board of adjustment regarding the location, operation, appearance, and other features of the proposed building, structure, or use as it deems advisable to protect the property values and residential-agricultural environment of the district and to insure that the spirit of the ordinance shall be observed.

1301.01 The following uses are permitted in the R-A residential agricultural zone:

Accessory building.

Accessory uses (incidental to any permitted use, including home occupations, subject to conditions).

Agricultural or farm use.

Cemetery. Family cemeteries and church cemeteries, provided all crypts and graves be setback a minimum of 30 feet from all exterior property lines, easements or public road right-of-ways, and provided that no burial lots are sold on a commercial basis. All applicable requirements of the North Carolina General Statues shall be met. Any existing cemetery with plots included in a future expansion on record that are closer than this setback shall be exempt.

Church.

Dwelling, multifamily, in conformity with Halifax County health regulations.

Dwelling, single-family.

Dwelling, two-family, in conformity with Halifax County health regulations.

Fuel storage, if complying with applicable codes.

Mobile home, individual.

School, public.

School, trade or vocational.

Sewage treatment plants, water treatment plants, and garbage disposal facilities operated by Halifax County or a municipality therein.

Telephone exchange operation exclusive of structures that may be entered by service personnel provided same complies with section 1403 of this ordinance.

(Ord. of 12-2-91(1); Ord. of 12-4-95(1); Amend. of 3-8-04)

1301.02 The following uses may be permitted upon the approval of the Halifax County board of adjustment, in accordance with article VII, section 701.03 of this ordinance. It shall be the duty of the board of adjustment to hold a public hearing in regard to any proposed conditional use in order to review the plans for the location and use of all buildings, structures, and open land. The board of adjustment shall evaluate the effect of the proposed conditional use on the surrounding property and on the traffic capacity of the existing road system.

Alcoholic beverages packaged, retail sale.

Ambulance service.

Animal medical care, including kennels, with side yard requirements.

Antique shops, with display of objects in usable condition only.

Assembly hall, armory, stadium, coliseum.

Auction sales.

Automobile parts and accessory sales.

Automobile repair and/or body work permitted only for autos in process of repair, with screen or evergreen planting five feet high.

Automobile sales, new and used.

Automobile service station operations, providing five-foot screening for all vehicles not in operation.

Automobile washing establishment.

Bakery production and wholesale sales.

Baking, on premises, and retail only.

Bank, savings and loan.

Barbering and hairdressing services.

Bed and breakfast homes.

Bicycle sales and repair.

Blacksmith.

Boardinghouse.

Boats and accessories, retail sales and service.

Books and printed matter, distribution.

Bottled gas distribution, bulk storage.

Bottling.

Builders' supply.

Cabinetmaking.

Carpet and rug cleaning.

aa.

Clinic services, medical and dental.

bb.

Club or lodge.

cc.

Coal sales and storage.

dd.

Commercial crop spraying operation by aircraft.

ee.

Construction trades.

ff.

Constructor, general.

gg.

Dairy products, retail sales.

hh.

Dairy products, sales and processing.

ii.

Day care center and kindergarten.

jj.

Dry cleaning and laundry, commercial or self-service.

kk.

Eating and drinking establishments, excluding drive-ins.

ll.

Eating and drinking establishments, including drive-ins.

mm.

Exterminating service.

nn.

Fairground activities, including carnivals and circuses.

oo.

Farm machinery sales and service.

pp.

Farm supplies, excluding farm machinery.

qq.

Fire stations.

rr.

Flower shop.

ss.

Food freezer operations.

tt.

Food sales.

uu.

Funeral homes.

vv.

Gasoline storage aboveground, provided the same comply [sic] with applicable codes and regulations.

ww.

Golf courses, country clubs and driving ranges.

xx.

Hardware, paint, and garden supplies.

yy.

Hatchery operations.

zz.

Home for the elderly.

aaa.

Home furnishing and appliance sales.

bbb.

Home occupations. Refer to section 1001.28.

ccc.

Hospital and sanitarium.

ddd.

Hunting preserve.

eee.

Industrial operations.

fff.

Industrial sales.

ggg.

Kennel.

hhh.

Laboratory, medical or dental.

iii.

Laboratory, research.

jjj.

Library.

kkk.

Livestock sale and auction.

lll.

Locksmith, gunsmith.

mmm.

Miniature golf.

nnn.

Mobile home park, as regulated by article XIV, section 1404.

ooo.

Motel, hotel, or motor court.

ppp.

Monument sales.

qqq.

Monument works.

rrr.

Newsstand.

sss.

Nursery, plant.

ttt.

Nursing home.

uuu.

Office of doctor, dentist, osteopath, chiropractor, optometrist, physiotherapist, or other profession.

vvv.

Photography, commercial.

www.

Private recreation club or swim club.

xxx.

Public recreation, operated on a nonprofit basis.

yyy.

Public utility station or substation.

zzz.

Public utility works, shops, or storage yards.

aaaa.

Quarry operations.

bbbb.

Riding academy.

cccc.

School, business and commercial.

dddd.

School, private elementary or secondary.

eeee.

Secondhand shop.

ffff.

Signs.

gggg.

Solid waste reclamation.

hhhh.

Storage, warehouse.

iiii.

Surface mining.

jjjj.

Tailoring and dressmaking.

kkkk.

Teaching of art, music, dance or other fine arts.

llll.

Telephone exchange operation whose enclosure is designed to be entered by service personnel provided same complies with section 1403 of this ordinance.

mmmm.

Temporary construction building.

nnnn.

Theater productions, indoor.

oooo.

Theater productions, outdoor.

pppp.

Tobacco sales warehousing.

qqqq.

Truck terminal activities, repair, hauling, manufacturing and storage.

rrrr.

Upholstering or furniture refinishing.

ssss.

Wholesaling operation, with merchandise stored entirely within a building.

tttt.

Electronic gaming operations (as defined in subsection 1413.01), arcades or similar forms of amusement and entertainment within the establishment.

(Ord. of 4-19-84; Ord. of 2-3-86; Ord. of 6-4-90; Ord. of 6-3-91; Ord. of 12-4-95(1); Ord. of 12-4-95(2); Res. of 7-10-17(1), § 1)

1301.03 The following uses may be permitted by the Halifax County board of commissioners, in accordance with article VIII of this ordinance. It shall be the duty of the board of county commissioners to hold a public hearing in regard to any proposed special use to review the plans for the location and use of all buildings, structures, and open land. The board of commissioners shall evaluate the effect of the proposed special use on the property and on the traffic capacity of the surrounding road system.

Planned unit developments, subject to conditions of article XIV, section 1407 of this ordinance.

Planned shopping centers, subject to article XIV, section 1409.

1301.04 Dimensional requirements:

Minimum required lot area per dwelling unit or principal permitted use—20,000 square feet. ^[4]

Minimum required mean lot width per dwelling unit or principal permitted use—100 feet.

Minimum required front yard—40 feet.

Minimum required side yard. At least 15 feet on each side of every principal building except that any side yard abutting a street be at least 35 feet.

Minimum required rear yard. Twenty percent of the mean lot depth provided that such rear yard need not exceed 30 feet.

Height of buildings. No building shall exceed 35 feet in height or two stories unless the depth of front and width of side yards required herein shall be increased one foot for each two feet, or fraction thereof, of building height in excess of 35 feet or two stories.

(Ord. of 6-7-82)

1301.05 Location of accessory buildings: No accessory building shall be erected in any required front or side yard or within 15 feet of any street line or within three feet of any lot line not a street line. An accessory building may be located in a rear yard provided it is located a distance not less than ten feet from any principal building and three feet from the rear lot line, and provided further, that on reversed corner lots no accessory building shall extend toward the street line beyond the required front yard line of the lot to the rear or nearer than 25 feet to the street line whichever is greater.

1301.06 Corner visibility: On a corner lot within the triangular area formed by the centerlines of the intersecting streets and a direct line joining points on such centerlines at a distance of 80 feet from their intersection, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average centerline grades of such streets, such grades being measured along the above cited 80-foot street portions.

1301.07 Offstreet parking: As required in section [article] XVI.

1301.08 Principal structure orientation: The front (main) entrance of the principal structure shall be oriented either parallel to or perpendicular to the building line. The minimum required building line shall be 100 feet as measured from side property to side property line.

1301.09. Size of accessory buildings: Accessory buildings to a residential use shall not have a ground floor area which exceeds 1,000 square feet or more than the ground floor area of the principal building; whichever is greater, unless the area of land occupied by the principal building and all accessory buildings does not exceed 15 percent of the entire parcel of land. Exceptions shall require a conditional use permit to be obtained from the board of adjustment.

(Amend. of 11-1-99; Amend. of 6-3-02)

Footnotes:

--- (4) ---

Unless otherwise required by the Halifax County health department.

Section 1302. - R-12 suburban residential district.

The suburban residential district is established as a single-family residential zone.

1302.01 The following uses are permitted in the R-12 suburban residential district:

Accessory uses clearly incidental to a permitted use and which will not create a nuisance or a hazard.

Agriculture or horticulture including the sale of products on the property where produced, provided that no retail stand or other commercial structure shall be located thereon, and no greenhouse heating plant shall be operated within 30 feet of any front property line and not less than eight feet from any other property line.

Automobile parking operated in conjunction with permitted uses and in accordance with the requirements of section [article] XVI.

Business signs announcing the name of a subdivision, mobile home court or group housing project located on the premises at major entrances; provided, that such signs are neatly constructed and maintained; limited to announcing only the name and do not obstruct corner visibility.

Business signs in the nature of temporary real estate signs not to exceed four square feet in area.

Business signs not over two square feet in area attached flat against the building in association with an incidental home occupation.

Home occupations. Refer to section 1001.28.

Business signs not to exceed eight square feet for any church, school or other public or semipublic institution.

Cemeteries.

Churches and other places of worship, including parish houses and Sunday school buildings.

Fences, as regulated in section 1402.

Fuel oil and kerosene for heating purposes in aboveground containers provided the same comply with applicable codes.

Gasoline storage aboveground provided the same comply with applicable codes and regulations.

Gasoline storage, underground, provided the same comply with applicable codes.

Incidental home occupations as defined in section [article] X.

Nonconforming uses and buildings as provided in section [article] IV.

Police, fire, rescue squad, and civil defense stations.

Railroad rights-of-way.

Single-family dwellings.

Sporting events such as baseball, football, basketball, track meets, and similar games, including accessory concessions, in accordance with the grounds and facilities conditionally permitted in the district by this ordinance.

Telephone exchange operation exclusive of structures that may be entered by service personnel provided same complies with section 1403 of this ordinance.

(Ord. of 4-19-84; Ord. of 12-4-95(1); Ord. of 12-4-95(2))

1302.02 The following uses may be permitted upon the approval of the Halifax County board of adjustment, in accordance with article VII, section 701.03 of this ordinance. It shall be the duty of the board of adjustment to hold a public hearing in regard to any proposed conditional use in order to review the plans for the location and use of all buildings, structures, and open land. The board of adjustment shall evaluate the effect of the proposed conditional use on the surrounding property and on the traffic capacity of the existing road system.

Day care facilities and kindergartens operated as an incidental home occupation with an outdoor play area equivalent to at least 100 square feet per child as permitted by article XIV, section 1405 of this ordinance.

Grounds and facilities for open air games and sports, country clubs, community centers, branch libraries, and other similar properties operated exclusively for pleasure, recreation, and other social, athletic or educational purposes limited to not more than 300 participants, including spectators, provided such grounds and facilities are operated by clubs or other organizations, no part of the net earnings of which inures to the benefit of any private person or shareholder.

Public grade schools and private schools having curricula approximately the same as ordinarily given in public schools including gymnasiums, and administrative offices, and assembly halls in conjunction therewith.

Public utility transformer substations, transmission towers, and water tanks on towers, and telephone central offices but not service or storage yards are permitted as a conditional use in all districts subject to the conditions as specified in article XIV, section 1403. Public utility distribution lines shall be permitted as a permitted use in all zoning districts.

Reclamation landfills, as permitted in article XIV, section 1401 of this ordinance.

Telephone exchange operation whose enclosure is designed to be entered by service personnel provided same complies with section 1403 of this ordinance.

Home occupations. Refer to section 1001.28.

(Ord. of 12-4-95(1); Ord. of 12-4-95(2))

1302.03 The following use may be permitted by the Halifax County board of commissioners, in accordance with article VIII of this ordinance. It shall be the duty of the board of commissioners to hold a public hearing in regard to any proposed special use to review the plans for the location and use of all buildings, structures, and open land. The board of commissioners shall evaluate the effect of the proposed special use on the surrounding property and on the traffic capacity of the existing road system.

Planned unit developments, subject to conditions of article XIV, section 1407 of this ordinance.

1302.04 Dimensional requirements:

Minimum required lot area per dwelling unit or principal permitted use—12,000 square feet. ^[5]

Minimum required mean lot width per dwelling unit or principal permitted use—75 feet.

Minimum required front yard—35 feet.

Minimum required side yards. At least ten feet on each side of every principal building except that any side yard abutting a street shall be at least 15 feet.

Minimum required rear yard. Twenty percent of the mean lot depth, provided that each rear yard need not exceed 30 feet.

Height of buildings. No building shall exceed 35 feet in height unless the depth of front and width of side yards required herein shall be increased one foot for each two feet, or fraction thereof, of building height in excess of 35 feet.

1302.05 Location of accessory buildings: No accessory building shall be erected in any required front or side yard or within 15 feet of any street line or within three feet of any lot line not a street line. An accessory building may be located in a rear yard provided it is located a distance of not less than eight feet from any principal building and three feet from the rear lot line; provided further, that on reversed corner lots no accessory building shall extend toward the street line beyond the required front yard line of the lot to the rear or nearer than 15 feet to the street line whichever is the greater.

1302.06 Corner visibility: On a corner lot within the triangular area formed by the centerlines of the intersecting streets and a direct line joining points on such centerlines at a distance of 80 feet from their intersection, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average centerline grades of such streets, such grades being measured along the above cited 80-foot street portions.

1302.07 Offstreet parking: As required in article XVI.

Footnotes:

--- (5) ---

Unless otherwise required by the Halifax County health department.

Section 1303. - R-8 residential district.

The R-8 residential district is established as a single-family and duplex residential zone.

1303.01 The following uses are permitted in the R-8 residential district:

Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard.

Automobile parking operated in conjunction with permitted uses and in accordance with the requirements of article XVI.

Business signs announcing the name of a subdivision, mobile home court or group housing project located on the premises at major entrances; provided, that such signs are neatly constructed and maintained, limited to announcing only the name and do not obstruct corner visibility.

Business signs in the nature of temporary real estate signs not to exceed four square feet in area.

Business signs not over two square feet in area attached flat against the building in association with an incidental home occupation.

Business signs not to exceed eight square feet for any church, school or other public or semipublic institution.

Cemeteries.

Churches and other places of worship, including parish houses and Sunday school buildings.

Dwellings, single-family.

Dwellings, two-family.

Fences, as regulated in article XIV, section 1402.

Fuel oil and kerosene for heating purposes in aboveground containers provided the same comply with applicable codes.

Gasoline storage aboveground provided the same comply with applicable codes and regulations.

Gasoline storage, underground provided the same comply with applicable codes.

Reserved.

Nonconforming uses and buildings as provided in article IV.

Police, fire, rescue squad, and civil defense stations.

Railroad rights-of-way.

Telephone exchange operation exclusive of structures that may be entered by service personnel provided same complies with section 1403 of this ordinance.

(Ord. of 4-19-84; Ord. of 12-4-95(1); Ord. of 12-4-95(2))

1303.02 The following uses may be permitted upon the approval of the Halifax County board of adjustment, in accordance with article VII, section 701.03 of this ordinance. It shall be the duty of the board of adjustment to hold a public hearing in regard to any proposed conditional use in order to review the plans for the location and use of all buildings, structures, and open land. The board of adjustment shall evaluate the effect of the proposed conditional use on the surrounding property and on the traffic capacity of the existing road system.

Day nurseries and kindergartens with an outdoor play area equivalent to at least 100 square feet per child as permitted by article XIV, section 1405 of this ordinance.

Grounds and facilities for open air games and sports, country clubs, community centers, branch libraries, and other similar properties operated exclusively for pleasure, recreation and other social, athletic or educational purposes limited to not more than 300 participants, including spectators, provided such grounds and facilities are operated by clubs or other organizations, no part of the net earnings of which inures to the benefit of any private person or shareholder.

Reclamation landfills, as permitted in article XIV, section 1401 of this ordinance.

Telephone exchange operation whose enclosure is designed to be entered by service personnel provided same complies with section 1403 of this ordinance.

Home occupations. Refer to section 1001.28.

(Ord. of 12-4-95(1); Ord. of 12-4-95(2))

Editor's note— Two ordinances adopted Dec. 4, 1995, set out provisions adding subsection g. to section 1303.02. At the editor's discretion, the provisions in Ord. of 12-4-95(2) have been codified as subsection h.

1303.03 The following use may be permitted by the Halifax County board of commissioners, in accordance with article VIII of this ordinance. It shall be the duty of the board of commissioners to hold a public hearing in regard to any proposed special use to review the plans for the location and use of all buildings, structures, and open land. The board of commissioners shall evaluate the effect of the proposed special use on the surrounding property and on the capacity of the existing road system.

Planned unit developments subject to conditions of article XIV, section 1407 of this ordinance.

1303.04 Dimensional requirements:

Minimum required lot area per dwelling unit or principal permitted use—8,000 square feet. ^[6]

Minimum additional lot area per development unit in excess of one—2,000 square feet.

Minimum required mean lot width per dwelling unit or principal permitted use—70 feet.

Minimum required front yard—35 feet.

Minimum required side yard. At least ten feet on each side of every principal building except that any side yard abutting a street shall be at least 15 feet.

Minimum required rear yard. Twenty percent of the mean lot depth, provided that such rear yard need not exceed 30 feet.

Height of buildings. No building shall exceed 35 feet in height unless the depth of front and width of side yards required herein shall be increased one foot [for] each two feet, or fraction thereof, of building height in excess of 35 feet.

Additional mean lot width for a second dwelling unit—ten feet.

1303.05 Location of accessory buildings: No accessory building shall be erected in any required front or side yard or within 15 feet of any street line or within three feet of any lot line not a street line. An accessory building may be located in a rear yard provided it is located a distance of not less than eight feet from any principal building and three feet from the rear lot line; and provided further, that on reversed corner lots no accessory building shall extend toward the street line beyond the required front yard line of the lot to the rear or nearer than 15 feet to the street line whichever is the greater.

1303.06 Corner visibility: On a corner lot, within the triangular area formed by the centerlines of the intersecting streets and a direct line joining points on such centerlines at a distance of 80 feet from their intersection, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average grades of the streets, such grades being measured along the above cited 80-foot portions.

1303.07 Offstreet parking: As required in article XVI.

Footnotes:

--- (6) ---

Unless otherwise required by the Halifax County health department.

Section 1304. - R-6 apartment residential district.

The R-6 apartment residential district is established as a residential district for single-family and multiple-family residences.

1304.01 The following uses are permitted in the R-6 apartment residential district:

Accessory uses clearly incidental to a permitted use and which will not create a nuisance or a hazard.

Automobile parking operated in conjunction with permitted uses and in accordance with the requirements of article XVI.

Business signs advertising tourist homes located on the premises, provided that such signs shall be limited to 20 square feet, shall be limited to height above ground level to six feet, shall be set back at least one-half the required front yard distance and if lighted shall be shielded and nonblinking.

Business signs in the nature of temporary real estate signs not to exceed four square feet in area.

Business signs not over two square feet in area attached flat against the building in association with an incidental home occupation.

Business signs not to exceed eight square feet for any church, school or other public or semipublic institution.

Cemeteries.

Churches and other places of worship, including parish houses and Sunday school buildings.

Fences as regulated in article XIV, section 1402.

Fuel oil and kerosene for heating purposes in aboveground containers provided the same comply with applicable codes.

Gasoline storage aboveground provided the same comply with applicable codes and regulations.

Gasoline storage, underground, provided the same comply with applicable codes.

Incidental home occupations as defined in article X.

Multifamily dwellings.

Nonconforming uses and buildings as provided in article IV.

Police, fire, rescue squad, and civil defense stations.

Railroad rights-of-way.

Single-family dwellings.

Sporting events such as baseball, football, basketball, track meets and similar games including accessory concessions, in accordance with the grounds and facilities conditionally permitted in the district by this ordinance.

Tourist or guest homes.

Two-family dwellings.

Telephone exchange operation exclusive of structures that may be entered by service personnel provided same complies with section 1403 of this ordinance.

(Ord. of 4-19-84; Ord. of 12-4-95(1))

1304.02 The following uses may be permitted upon the approval of the Halifax County board of adjustment, in accordance with article VII, section 701.03 of this ordinance. It shall be the duty of the board of adjustment to hold a public hearing in regard to any proposed conditional use in order to review the plans for the location and use of all buildings, structures, and open land. The board of adjustment shall evaluate the effect of the proposed conditional use on the surrounding property and on the traffic capacity of the existing road system.

Day nurseries and kindergartens with an outdoor play area equivalent to at least 100 square feet per child as permitted by article XIV, section 1405 of this ordinance.

Hospitals, convalescent and nursing homes or sanitariums all of not more than 30-bed capacity not treating contagious diseases and not for the care of epileptics or drug or liquor patients; charitable institutions which are not of a correctional nature and which are not intended for care of insane or feebleminded patients; all provided that the building or buildings be located not less than 30 feet from any plot line.

Mobile home parks, as regulated by article XIV, section 1404.

Reclamation landfills, as permitted in article XIV, section 1401 of this ordinance.

Telephone exchange operation whose enclosure is designed to be entered by service personnel provided same complies with section 1403 of this ordinance.

Home occupations. Refer to section 1001.28.

(Ord. of 12-4-95(1); Ord. of 12-4-95(2))

Editor's note— Two ordinances adopted Dec. 4, 1995, set out provisions adding subsection i. to section 1304.02. At the editor's discretion, the provisions in Ord. of 12-4-95(2) have been codified as subsection j.

1304.03 The following use may be permitted by the Halifax County board of commissioners, in accordance with article VIII of this ordinance. It shall be the duty of the board of commissioners to hold a public hearing in regard to any proposed special use to review the plans for the location and use of all buildings, structures, and open land. The board of commissioners shall evaluate the effect of the proposed special use on the surrounding property and on the capacity of the existing road system.

Planned unit developments subject to conditions of article XIV, section 1407 of this ordinance.

1304.04 Dimensional requirements:

Minimum required lot area for the first dwelling unit or principal permitted use—6,000 square feet. ^[7]

Minimum additional lot area per dwelling unit in excess of one—2,000 square feet.

Minimum required mean lot width for the first dwelling unit or principal permitted use—60 feet.

Additional required mean lot width for the second dwelling unit—ten feet.

Additional required mean lot width for each dwelling unit in excess of two—five feet.

Minimum required front yard—30 feet.

Minimum required side yard. At least eight feet on each side of every principal building except any side yard abutting a street shall be at least 15 feet.

Minimum required rear yard. Twenty percent of the mean lot depth, provided that such rear yard need not exceed 30 feet.

1304.05 Location of accessory buildings: No accessory building shall be erected in any required front or side yard or within 15 feet of any street line or within three feet of any lot line not a street line. An accessory building may be located in a rear yard provided it is located a distance not less than eight feet from any principal building and three feet from the rear lot line; and provided further, that on reversed corner lots no accessory building shall extend toward the street line beyond the required front yard line of the lot to the rear or nearer than 15 feet to the street line whichever is the greater.

1304.06 Corner visibility: On a corner lot, within the triangular area formed by the centerlines of the intersecting streets and a direct line joining points on such centerlines at a distance of 80 feet from their intersection, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average centerline grade of such streets, such grades being measured along the above cited 80-foot street portions.

1304.07 Offstreet parking: As required by article XVI.

1304.08 Supporting commercial uses permitted: In R-6 residential districts an apartment complex under one ownership containing at least 50 dwelling units may contain the following commercial uses subject to the further provisions of this subsection.

Barbershops.

Beauty shops.

Dining rooms, not to exceed 15 square feet per dwelling unit within the apartment complex.

Drugstores.

Dry cleaning collection and distribution stations.

Dry cleaning establishments, coin-operated, self-service, not to exceed one machine per 50 dwelling units within the apartment complex.

Gift shops.

Grocery stores.

Laundry collection and distribution stations.

Laundries, self-service, coin-operated, not to exceed one washing machine per five dwelling units within the apartment complex or one clothes dryer per five dwelling units within the apartment complex.

Newsstands.

Tobacco shops.

Such uses shall be subject to the following requirements:

The total floor area of all commercial establishments within the apartment complex shall not exceed five percent of the total floor area of all dwelling units contained in said apartment complex or 3,000 square feet, whichever is smaller.

Such uses shall be oriented primarily to serving persons within the apartment complex.

Such uses shall have no show window, sign, or other matter advertising commercial uses visible from the outside of such building.

Location of such uses shall be approved by the planning board.

Footnotes:

--- (7) ---

Unless otherwise required by the Halifax County health department.

Section 1305. - LR lakeside residential district.

The LR lakeside residential district is established as a residential district on Lake Gaston.

1305.01 The following uses are permitted in the LR lakeside residential district:

Single-family dwellings of a minimum of 800 square feet, exclusive of tents, trailers, and mobile homes.

Churches.

Family cemeteries and church cemeteries, provided that all crypts and graves be set back a minimum of 30 feet from all exterior property lines, and provided that no burial lots are sold on a commercial basis.

Accessory buildings and uses that are customary and incidental to the above permitted uses.

Public utility distribution lines, electric substations, water tanks and towers, and telephone exchanges, but not service or storage yards or warehouses.

Boathouses, piers, docks, decks and boatslips provided the zoning administrator receives a copy of a drawing or survey map showing the location and size of the proposed construction or modification in relation to the owner's property line and shoreline. The drawing or map shall be of sufficient detail and proportion to indicate the overall dimensions of the proposed construction and its distance from the shoreline and adjoining property lines. The drawing or map shall also include the name of the lot owner, name of the development and the lot number.

All structures shall be constructed between the property owner's side lot lines extended into the water. If an extended side lot line does not effect fair division of the shoreline with an adjoining neighbor, then the two property owners can mutually agree in a written document to a revised extended lot line. An original copy of this agreement shall accompany all the applications for the certificate of zoning compliance. These agreements will be permanently filed by the Halifax County zoning administrator and will be considered the established extended lot line unless later mutually modified in writing by the two property owners or their successors.

All structures must maintain at least 15 feet setback from the adjoining property owner's side lot line extended into North Carolina Powers projected lands and the water.

Structures shall not extend an abnormal distance into a cove or the lake and normally are limited to:

The approximate distance enjoyed by adjoining property owners;

A distance that would not create a hazard to safe navigation;

One-fourth the distance across the cove;

The total overall size of a property owner's structures shall not exceed 1,400 square feet;

The maximum height of a deck including its guardrail or a boathouse roof shall not exceed 15 feet above the normal water level.

No boathouse, pier, dock or deck shall be used for human habitation, nor will fixtures such as sinks, showers, household furniture, toilets, etc., be permitted in conjunction with same. Bulk storage of petroleum products is not permitted on or in these structures. All construction shall comply with Halifax County regulations, the State of North Carolina regulations, the regulations of North Carolina Power Company and any federal regulations that may pertain to same.

Storage building on lot with no dwelling, one per lot, not to exceed 50 feet in gross floor area, and used solely for storage purposes, [and] household furnishings such as sinks, toilets, showers, etc., are not permitted in or around such structures.

(Ord. of 6-7-82; Ord. of 12-2-91(2); Ord. of 12-2-91(3))

1305.02 The following uses may be permitted upon the approval of the Halifax County board of adjustment, in accordance with article VII, section 701.03 of this ordinance. It shall be the duty of the board of adjustment to hold a public hearing in regard to any proposed conditional use in order to review the plans for the location and use of all buildings, structures, and open land. The board of adjustment shall evaluate the effect of the proposed conditional use on the surrounding property and on the traffic capacity of the existing road system.

Public and private schools, country clubs, golf courses (exclusive of miniature golf courses and three-par golf courses), swimming clubs, clinics, sanitariums, homes for the aged, provided that all buildings and swimming pools be set back a minimum of 50 feet from all exterior (nonlakeside) property lines.

Fire stations, provided that all buildings shall be set back a minimum of 30 feet from all exterior property lines and that offstreet parking area[s], at least twice as large as the floor area in the fire station, be provided on the lot.

Radio, television, and microwave towers and relay stations, offices and studios in conjunction with these. These uses may be permitted as conditional uses provided that all buildings and towers shall be set back a minimum of 30 feet from all exterior property lines and that towers shall be set back one additional foot from all exterior property lines for each two feet in height over 50 feet.

Community, county, or municipal sewage treatment plants, water treatment plants, trash and garbage disposal facilities, provided that all buildings, structures, tanks and pits be set back at least 100 feet from all exterior property lines, that a natural buffer at least 50 feet in width separate all such uses from all exterior property lines, and that a nonclimbable fence, at least six feet in height, completely enclose such uses.

Commercial cemeteries, provided that all graves and crypts shall be set back at least 30 feet from all exterior property lines or public roads.

Day nurseries and kindergartens provided that all buildings and playground equipment shall be set back a minimum of 30 feet from all exterior property lines, that a minimum of 100 square feet of lot area shall be provided per each child cared for, that all outside play area[s] be enclosed with a fence and that the water supply and sewerage provisions made for the day nurseries and kindergartens are approved by the Halifax County health department.

Riding stables provided that all stables and exercise yards shall be set back at least 30 feet from all exterior property lines.

Parks, picnic areas, public swimming areas, and locations for public access and boat launching in Lake Gaston, provided that no commercial facilities be established and that all such uses be on a nonprofit basis.

Mobile homes, designed by original construction as a place of residence and containing within themselves bathroom and kitchen facilities, and established as the principal building on a lot for a period not to exceed one year, as a temporary residence for the owner of the lot.

Two-family dwellings and garage apartments, provided that the minimum lot area provided on lots used for these purposes shall be at least 125 percent as large as the minimum lot area required for single-family dwellings in that district, and that the water supply and sewerage provisions made for the two-family dwellings and garage apartments are approved by the Halifax County health department.

High voltage power lines and transmission towers, provided that all such poles and towers be set back a minimum of 30 feet from the right-of-way property line.

Community, county, or municipal water or sewage pumping stations, provided that such pumping stations be set back at least 30 feet from all exterior property lines, that they be enclosed by a fence, and that they be housed in a building that is compatible with the character of the surrounding development.

The establishment of a temporary camporee by a nonprofit youth organization, such as the Boy Scouts, Girl Scouts, 4-H Clubs, etc. Such temporary camporees shall not be for periods of time exceeding seven days and shall not involve the construction of permanent buildings at the site.

One announcement sign, which may be illuminated but nonflashing no greater than 30 square feet in area may be erected by the conditional uses listed in section 1305.02 a., b., c., d., e., and l above.

One nonilluminated announcement sign no greater than 15 square feet in area may be erected by the conditional uses listed in section 1305.02 f. and g. above.

Nonilluminated or illuminated but nonflashing directional signs not exceeding 12 square feet in area may be erected for the specific purpose of directing the traveling public rather than as advertising for specific commercial uses.

Any area within the lakeside residential district that is more than 50 acres in size may be used as the site for an industry, provided that all industrial buildings and uses be set back at least 200 feet from all exterior property lines.

Customary home occupations such as dressmaking, hairdressing, room renting and professional offices may be established in a dwelling provided that only residents of the dwelling are engaged in such occupations, that no more than 25 percent of total floor area of the dwelling shall be used for their occupations, that no exterior storage or accessory building shall be used for the home occupation, that no display of products shall be visible from the street or road, and that the home occupation shall remain incidental to the residential use of the dwelling.

(Ord. of 6-7-82)

1305.03 The following use may be permitted by the Halifax County board of commissioners, in accordance with article VIII of this ordinance. It shall be the duty of the board of commissioners to hold a public hearing in regard to any proposed special use to review the plans for the location and use of all buildings, structures, and open land. The board of commissioners shall evaluate the effect of the proposed special use on the surrounding property and on the capacity of the existing road system.

Planned unit developments subject to conditions of article XIV, section 1407 of this ordinance.

1305.04 Dimensional requirements:

Single-family dwelling shall have:

Minimum required lot area per dwelling unit or principal permitted use—20,000 square feet (unless otherwise required by the Halifax County Health Department).

Minimum required lot width at the building line per dwelling unit or principal permitted use—100 feet.

Minimum required front yard—30 feet.

Minimum required side yard—At least ten feet on each side of every principal building except that any side yard abutting a street shall be at least 30 feet.

Minimum required rear yard—30 feet.

Minimum lot depth at least—150 feet.

Height of buildings—No building shall exceed 35 feet in height or two stories unless the depth of front and width of side yards for each two feet, or fraction thereof, of building height in excess of 35 feet or two stories.

Churches shall have a minimum lot area of 40,000 square feet. All buildings shall be set back at least 30 feet from all exterior property lines. Offstreet parking area at least twice as large as the total floor area in the church shall be provided on the lot.

Public utility transformer stations (except those mounted on single or double poles), water tanks and towers, and telephone exchanges shall have a minimum lot area of 10,000 square feet. All transformers (except those mounted on single or double poles), tanks, and other structures or equipment (except a fence or public utility distribution line) shall provide a minimum front yard of 30 feet and a minimum side yard of ten feet.

Signs: Churches may erect one illuminated nonflashing sign not exceeding 12 square feet in area. Customary home occupations may erect one nonilluminated sign not to exceed two square feet in area. One sign advertising the rental or sale of a building or lot may be erected on each lot provided that the sign is nonilluminated and does not exceed two square feet in area.

Corner visibility: On a corner lot, within the triangular area formed by the centerlines of the intersecting streets and a direct line joining points on such centerlines at a distance of 80 feet from their intersection, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average centerline grade of such streets, such grades being measured along the above cited 80-foot street portions.

Offstreet parking: As required by article XVI.

Location of accessory buildings: No accessory building shall be erected within ten feet of any side property line or within 30 feet of any front or rear property line. Where a side yard abuts a street, the accessory structure must be at least 30 feet from the street. Accessory buildings must be at least ten feet from any principal building.

Size of accessory buildings: Accessory buildings to a residential use shall not have a ground floor area which exceeds 1,000 square feet or more than the ground floor area of the principal building; whichever is greater, unless the area of land occupied by the principal building and all accessory buildings does not exceed 15 percent of the entire parcel of land. Exceptions shall require a conditional use permit to be obtained from the board of adjustment.

(Ord. of 6-5-95; Amend. of 6-3-02)

Section 1306. - GC lakeside group camp district.

The GC lakeside group camp district is established as a group camp district on Lake Gaston.

1306.01 The following uses are permitted in the GC lakeside group camp district:

Group camp facilities, operated on a profit or nonprofit basis provided that such camps utilize only permanent buildings rather than tents, trailers, or mobile homes. Nonprofit youth organizations, such as the Boy Scouts, Girl Scouts, 4H Clubs, etc., may use land in a lakeside group camp district for the establishment of a temporary camporee using tents. Such camporees shall not be for periods of time exceeding seven days. Such camporees do not have to conform to the dimensional requirements specified in section 1306.03 below.

Accessory buildings and uses normally associated with the above permitted uses.

Public utility distribution lines, electric substations, water tanks and towers and telephone exchanges, but not service or storage yards or warehouses.

High voltage power lines and transmission towers, provided that all such poles and towers be set back a minimum of 30 feet from the right-of-way property lines.

Nonilluminated or illuminated but nonflashing directional signs not exceeding 12 square feet in area may be erected for the specific purpose of directing the traveling public, rather than as advertising for specific commercial uses.

1306.02 The following uses may be permitted upon the approval of the Halifax County board of adjustment, in accordance with article VII, section 701.03 of this ordinance. It shall be the duty of the board of adjustment to hold a public hearing in regard to any proposed conditional use in order to review the plans for the location and use of all buildings, structures, and open land. The board of adjustment shall evaluate the effect of the proposed conditional use on the surrounding property and on the traffic capacity of the existing road system.

Telephone exchange operation whose enclosure is designed to be entered by service personnel provided same complies with section 1403 of this ordinance.

(Ord. of 12-4-95(1))

1306.03 Dimensional requirements:

Each group camp shall provide a minimum of one-fourth acre per camper.

No camp shall have a maximum design capacity of more than 150 campers.

All buildings and areas for organized recreation use shall be set back a minimum distance of 200 feet from any lakeside group camp district boundary line, and this 200 feet shall be maintained as a natural buffer from adjacent lots and uses. This provision shall not apply to lakeside group camp district boundary lines abutting Lake Gaston.

Cabins, in the camp, shall be a minimum distance of 50 feet from one another and a minimum distance of 75 feet from any toilet facilities. No cabin shall be more than 150 feet from toilet facilities.

Each group camp may erect one illuminated, nonflashing sign not exceeding 15 square feet in area.

1306.04 Corner visibility: On a corner lot, within the triangular area formed by the centerlines of the intersecting streets and a direct line joining points on such centerlines at a distance of 80 feet from their intersection, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average centerline grade of such streets, such grades being measured along the above cited 80-foot street portions.

1306.05 Offstreet parking: As required by article XVI.

Section 1307. - TC lakeside tent or trailer camping district.

The TC lakeside tent or trailer camping district is established as a tent and trailer camping district on Lake Gaston.

1307.01 The following uses are permitted in the TC lakeside tent or trailer camping district:

Camps providing sites for the location of tents, camping trailers, and mobile homes.

Accessory buildings and uses normally associated with the above permitted uses.

Public utility distribution lines, electric substations, water tanks and towers, and telephone exchanges, but not service or storage yards or warehouses.

1307.02 Dimensional requirements:

A minimum of 4,000 square feet of area shall be provided for each tent or trailer space, and each tent or trailer space shall be surrounded by a buffer of natural vegetation on three sides.

All buildings, tent spaces, and trailer spaces shall be set back a minimum distance of 200 feet from any lakeside tent or trailer camping district boundary line and this 200 feet shall be maintained as a natural buffer from all surrounding lots and uses. This provision shall not apply to lakeside tent or trailer camping district boundary lines abutting Lake Gaston.

A sanitary source of drinking water shall be not more than 200 feet, toilet facilities not more than 400 feet, and washhouses not more than 1,500 feet from any tent or trailer space. This provision shall not apply where community water and sewer connections are provided to trailers having self-contained kitchens and bathroom facilities.

Each tent or trailer camp may erect one illuminated, nonflashing sign not exceeding 15 square feet in area.

1307.03 Corner visibility: On a corner lot, within the triangular area formed by the centerlines of the intersecting streets and a direct line joining points on such centerlines at a distance of 80 feet from their intersection, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average centerline grade of such streets, such grades being measured along the above cited 80-foot street portions.

1307.04 Offstreet parking: As required by article XVI.

Section 1308. - O & I office and institutional district.

The O & I office and institutional district is established as a district for office and institutional uses and serves as a transition district between residential districts and districts of higher intensity uses.

1308.01 The following uses are permitted in the O & I office and institutional district:

Accessory retail uses, incidental such as cafeterias, gift or variety shops, soda bars conducted solely for the convenience of employees, patients, patrons, or visitors on the premises wholly within the principal building and without exterior advertising display.

Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard.

Agencies and offices rendering specialized services in the professions, finance, real estate and brokerage, including service agencies not involving on-premises retail trade or on-premises services with and to the general public, nor wholesale trade on-premises, nor maintenance of a stock of goods for sale to the general public.

Apothecary shop operated as a retail use, the primary use of which is for a hospital, clinic, or physicians' offices, provided that said apothecary shop shall sell only drugs, prescription medicines (both ethical and proprietary), medicinal supplies and pharmaceutical products.

Assembly halls, coliseums, gymnasiums and other similar structures provided such facilities are operated by clubs or other organizations no part of the net earnings of which inures to the benefit of any private person, corporation, or shareholder.

Automobile parking operated in conjunction with permitted uses and in accordance with the requirements of article XVI.

Banks.

Business signs in the nature of temporary real estate signs not to exceed four square feet in area.

Business signs not over two square feet in area attached flat against the building in association with an incidental home occupation.

Business signs not to exceed eight square feet for any church, school or other public or semipublic institution.

Churches and other places of worship, including parish houses and Sunday school buildings.

Colleges, business colleges, trade schools, music conservatories, dancing schools and similar organizations all without students in residences offering training in specific fields.

Dwellings, multifamily.

Dwellings, single-family.

Dwellings, two-family.

Exhibitions designed to judge or display the intrinsic excellence of the objects or properties exhibited when sponsored by civic or charitable organizations and when the net proceeds are used clearly for civic or charitable purposes.

Finance and loan companies.

Fuel oil and kerosene for heating purposes in aboveground containers provided the same comply with applicable codes.

Funeral homes, undertaking establishments, embalming, crematoria.

Gasoline storage aboveground provided the same comply with applicable codes and regulations.

Gasoline storage, underground, provided the same comply with applicable codes.

Government buildings: buildings used exclusively by the federal, state, county, or city government for public purposes.

Hospitals and sanitariums.

Reserved.

Laboratories for research and testing.

aa.

Jails and penal institutions.

bb.

Libraries, museums, and art galleries.

cc.

Lodges, fraternal and social organizations provided such facilities are operated by clubs or other organizations, no part of the net earnings of which inures to the benefit of any private person, corporation, or shareholder.

dd.

Musical, dramatic and other artistic programs or events.

ee.

Newsstands.

ff.

Nonconforming uses and buildings as provided in article IV.

gg.

Office buildings: governmental and private office buildings including professional offices.

hh.

Orphanages and charitable institutions, all provided that no buildings so used shall be within 100 feet of any plot line.

ii.

Police, fire, rescue squad and civil defense stations.

jj.

kk.

Public schools and private schools with enrollments not to exceed 150 students but not including gymnasiums.

ll.

Private or public colleges and universities.

mm.

Radio and television stations.

nn.

Railroad rights-of-way.

oo.

Sporting events such as baseball, football, basketball, track meets, and similar games, including accessory concessions, in accordance with the grounds and facilities permitted in the district by this ordinance.

pp.

Telephone exchange operation exclusive of structures that may be entered by service personnel provided same complies with section 1403 of this ordinance.

(Ord. of 4-19-84; Ord. of 12-4-95(1); Ord. of 12-4-95(2))

1308.02 The following uses may be permitted upon the approval of the Halifax County board of adjustment, in accordance with article VII, section 701.03 of this ordinance. It shall be the duty of the board of adjustment to hold a public hearing in regard to any proposed conditional use in order to review the plans for the location and use of all buildings, structures, and open land. The board of adjustment shall evaluate the effect of the proposed conditional use on the surrounding property and on the traffic capacity of the existing road system.

Day nurseries and kindergartens with an outdoor play area equivalent to at least 100 square feet per child as permitted in article XIV, section 1405 of this ordinance.

Grounds and facilities for open air games and sports, country clubs, community centers, branch libraries, and other similar properties operated exclusively for pleasure, recreation and other social, athletic or educational purposes limited to not more than 300 participants, including spectators, provided such grounds and facilities are operated by clubs or other organizations, no part of the net earnings of which inures to the benefit of any private person or shareholder.

Reclamation landfills, temporary.

Temporary uses subject to appeal to the board of adjustment.

Telephone exchange operation whose enclosure is designed to be entered by service personnel provided same complies with section 1403 of this ordinance.

Home occupations. Refer to section 1001.28.

(Ord. of 12-4-95(1); Ord. of 12-4-95(2))

Editor's note— Two ordinances adopted Dec. 4, 1995, set out provisions adding subsection g. to section 1308.02. At the editor's discretion, the provisions in Ord. of 12-4-95(2) have been codified as subsection h.

1308.03 The following use may be permitted by the Halifax County board of commissioners, in accordance with article VII of this ordinance. It shall be the duty of the board of commissioners to hold a public hearing in regard to any proposed special use to review the plans for the location and use of all buildings, structures, and open land. The board of commissioners shall evaluate the effect of the proposed special use on the surrounding property and on the capacity of the existing road system.

Planned unit developments, subject to conditions of article XIV, section 1407 of this ordinance.

1308.04 Dimensional requirements:

Where the principal use is for dwellings in this district the dimensional requirements of the R-6 residential district shall be observed.

Other principal uses:

Minimum required front yard—15 feet.

Minimum required side yard. At least eight feet on each side of every principal building except that any side yard abutting a street shall be at least 15 feet.

Minimum required rear yard—15 feet.

Height of building. No building shall exceed 35 feet in height unless the depth of front and width of side yards required herein shall be increased one foot for each two feet, or fraction thereof, of building height in excess of 35 feet.

1308.05 Location of accessory buildings: No accessory building shall be erected in any required front or side yard or within 15 feet of any street line or within three feet of any lot line not a street line. An accessory building may be located in a rear yard provided it is located a distance not less than eight feet from any principal building and three feet from the rear lot line; and provided further that on reversed corner lots no accessory building shall extend toward the street line beyond the required front yard line of the lot to the rear or nearer than 15 feet to the street line whichever is the greater.

1308.06 Corner visibility: On a corner lot, within the triangular area formed by the centerline of the intersecting streets and a direct line joining points on such centerline at a distance of 80 feet from their intersection, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average centerline grade of such streets, such grades being measured along the above cited 80-foot street portions.

1308.07 Offstreet parking: As required by article XVI.

1308.08 Offstreet loading and unloading: As required by article XVI.

Section 1309. - HB highway business district.

The HB highway business district is established as a district for highway oriented business.

1309.01 The following uses are permitted in the HB highway business district:

Accessory retail uses, incidental such as cafeterias, gift or variety shops, soda bars conducted solely for the convenience of employees, patients, patrons or visitors on the premises wholly within the principal building and without exterior advertising display.

Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard.

Agriculture and horticulture including retail sales.

Airports and landing fields for rotary wing aircraft.

Alcohol beverage packaged retail sales.

Amusement enterprises such as billiards, pool, bowling, theater, when housed in a permanent structure.

Animal hospitals and kennels provided no animal storage or runs shall be closer than 200 feet to any residential property line.

Antiques and gift retail sales.

Art supply retail sales.

Automobile commercial parking enterprise in accordance with article XVI.

Automobile (new and used) and accessory sales.

Automobile parking operated in conjunction with permitted uses and in accordance with the requirements of article XVI.

Automobile repair garages with outside storage of wrecked or inoperable automobiles permitted only for autos actually in process of repair, and such vehicles shall be concealed from view from a public street by a fence, wall, or evergreen planting at least five feet high.

Automobile service (gas and oil stations), providing screening for any cars not in operation.

Automobile washing establishments.

Bakery shops and confectioneries operating both wholesale and retail business provided such operations are limited to 1,500 square feet of manufacturing area and to the use of nonsmoke producing types of furnaces.

Barber, beauty and other personal services.

Bicycle sale and repair.

Blueprinting and photostating establishments.

Book and stationery stores.

Bookbindery.

Bottling works for soft drinks.

Business signs as permitted in article XIV, subsections 1410.03, 1410.05, 1410.06, and 1410.07.

Bus passenger stations.

aa.

Bus repair and storage terminals.

bb.

Catering establishments.

cc.

Churches and other places of worship, including parish houses and Sunday school buildings.

dd.

Clothing manufacture.

ee.

Clothing sales.

ff.

Colleges, business colleges, trade schools, music conservatories, dancing schools and similar organizations all without students in residences offering training in specific fields.

gg.

Contractor's plants or storage yards.

hh.

Curb markets.

ii.

Dairy bars.

jj.

Department and variety stores.

kk.

Drive-in or outdoor motion picture show.

ll.

Drugstores.

mm.

Dry cleaning pickup stations.

nn.

Dry cleaning, pressing and dyeing plants operated in conjunction with retail service counter provided that not more than 2,000 square feet is devoted to these processes.

oo.

pp.

Farm machinery assembly, repair and sales.

qq.

Florist: greenhouses, cultivation facilities and warehousing for wholesale and related retail trade.

rr.

Florist, retail.

ss.

Food processing: for sale at retail on the premises, but excluding the killing and dressing of any flesh or fowl.

tt.

Food stores (retail only)—grocery, delicatessen, meat and fish—but excluding the killing and dressing of any flesh or fowl.

uu.

Frozen food lockers.

vv.

Fuel oil and kerosene for heating purposes in aboveground containers provided the same comply with applicable codes.

ww.

Fuel oil, kerosene or other class III (National Board of Fire Underwriters) flammable liquids: the incidental sale at retail of same in containers provided the same comply with applicable codes.

xx.

Funeral homes, undertaking establishments, embalming, crematoria.

yy.

Furniture retail sales.

zz.

Furriers, retail sales.

aaa.

Fur storage.

bbb.

Gases or liquified petroleum gases in approved portable metal cylinders for storage or sale.

ccc.

Gasoline storage aboveground provided the same comply with applicable codes and regulations.

ddd.

Gasoline storage, underground, provided the same comply with applicable codes.

eee.

Glass manufacture.

fff.

Grounds and facilities for open air games and sports, and other similar properties operated exclusively for pleasure, recreation and other social, athletic or educational purposes limited to not more than 300 participants, including spectators, provided such grounds and facilities are operated by clubs or other organizations, no part of the net earnings of which inure to the benefit of any private person or shareholder.

ggg.

Hardware, appliances, and electrical items retail sale.

hhh.

Hat cleaning and blocking.

iii.

Ice manufacture storage and sales.

jjj.

Jewelry and watch sales.

kkk.

Laboratories for research and testing.

lll.

Launderette service: where individual, family-sized laundry equipment is rented for use by the customer.

mmm.

Laundries: all hand laundries and small power laundries operated in conjunction with a retail service counter on the premises where not more than 2,000 square feet of floor space is devoted to the laundering and finishing processes, provided the total operating capacity of all commercial washing machines shall not exceed 400 pounds and no coal burning or smoke producing equipment is used.

nnn.

Laundries, steam.

ooo.

Laundry pickup stations.

ppp.

Libraries, museums, and art galleries.

qqq.

Lock and gunsmiths.

rrr.

sss.

Lumberyards, building materials, storage and sale.

ttt.

Mobile home sales areas.

uuu.

Mobile home, security purposes, on mobile home sales areas.

vvv.

Motels, hotels and motor courts.

www.

Motorcycle sales and repair.

xxx.

Music stores.

yyy.

Musical, dramatic and other artistic programs or events.

zzz.

Newsstands.

aaaa.

Nonconforming uses and buildings as provided in article IV.

bbbb.

Office equipment and supplies sales and service.

cccc.

Opticians and optical supplies sales.

dddd.

Paint retail sales.

eeee.

Pawnshops or secondhand stores.

ffff.

Pet shops, bird stores, taxidermists.

gggg.

Photograph studios and camera supply stores.

hhhh.

Physical culture establishments.

iiii.

Police, fire, rescue squad and civil defense stations.

jjjj.

Printing, publishing and reproduction establishments.

kkkk.

Public utility service and storage yards.

llll.

Radio and television stations.

mmmm.

Radio, television, retail sales and service.

nnnn.

Railroad rights-of-way.

oooo.

Repair and servicing of office and household equipment.

pppp.

Restaurants.

qqqq.

Retail stores not otherwise named on this list including those conducting incidental light manufacturing or processing of goods above the first floor or in the basement to be sold exclusively on the premises and employing not more than ten operatives.

rrrr.

Retail stores similar to those otherwise named on this list.

ssss.

Roller rinks, dancehalls, shooting gallery, and coin-operated amusements as a primary use.

tttt.

Shoe repair.

uuuu.

Sign manufacture, painting, and maintenance.

vvvv.

Sign painting, exclusive of manufacture.

wwww.

Single-family dwelling.

xxxx.

yyyy.

Sporting good[s] sales.

zzzz.

Storage, undercover, of goods intended for retail sale on the premises.

aaaaa.

Tailors, dressmakers, milliners.

bbbbb.

Taxi stands.

ccccc.

Theaters, housed in a permanent indoor structure.

ddddd.

Tire recapping and retreading limited to not more than 18 molds, none of which shall accommodate a greater tire size than 14:00 × 24, operated in conjunction with a retail sales counter, provided that any buffing machine is enclosed in a fireproof room equipped with a dust dispenser to substantially eliminate odors and dust, provided that no coal burning or smoke producing equipment is used.

eeeee.

Upholstery, paper hanging and decorator shops.

fffff.

Telephone exchange operation exclusive of structures that may be entered by service personnel provided same complies with section 1403 of this ordinance.

ggggg.

Fabricated pipe and pipe manufacturing with outside storage to section 1309.01 "Highway Business District Established Uses."

hhhhh.

Mini-storage facility/warehouse.

(Ord. of 4-19-84; Ord. of 4-4-88; Ord. of 12-4-95(1) ; Amend. of 5-7-01; Amend. of 11-3-03)

1309.02 The following uses may be permitted upon the approval of the Halifax County board of adjustment, in accordance with article VII, section 701.03 of this ordinance. It shall be the duty of the board of adjustment to hold a public hearing in regard to any proposed conditional use in order to review the plans for the location and use of all buildings, structures, and open land. The board of adjustment shall evaluate the effect of the proposed conditional use on the surrounding property and on the traffic capacity of the existing road system.

Circuses, carnivals, fairs, sideshows operated for profit, racing of motor vehicles or animals only when granted by a conditional use permit.

Day nurseries and kindergartens with an outdoor play area equivalent to at least 100 square feet per child as permitted by article XIV, section 1405 of this ordinance.

Reclamation landfills, temporary.

Temporary uses subject to appeal to the board of adjustment.

Telephone exchange operation whose enclosure is designed to be entered by service personnel provided same complies with section 1403 of this ordinance.

Electronic gaming operations (as defined in subsection 1413.01), arcades or similar forms of amusement and entertainment within the establishment.

(Ord. of 12-4-95(1); Res. of 7-10-17(1), § 2)

1309.03 The following use may be permitted by the Halifax County board of commissioners, in accordance with article VIII of this ordinance. It shall be the duty of the board of commissioners to hold a public hearing in regard to any proposed special use to review the plans for the location and use of all buildings, structures, and open land. The board of commissioners shall evaluate the effect of the proposed special use on the surrounding property and on the capacity of the existing road system.

Planned shopping centers subject to the conditions of article XIV, section 1409 of this ordinance.

1309.04 Dimensional requirements:

Minimum required mean lot width per building—75 feet.

Minimum required depth of a front yard shall be 30 feet which shall be developed for sidewalks, grass, living plants and the necessary entrances and exits to driveways.

Additional front yard regulations. Where lots comprising 25 percent or more of frontage on the same street within the block (or within 600 feet on both sides of the proposed structure, whichever is less) are developed with buildings having front yards with a variation in depth of not more than eight feet, no building or other structure shall be erected, reconstructed, altered, or moved so as to project closer to the right-of-way line of the street or road on which it faces than the average building line established by such buildings. This provision shall not require a building or structure to [be] set back from the street a greater distance than (a) 30 feet or (b) the setback line observed by one of the two existing main buildings on immediately adjoining lots (one on either side) which is further removed from the street line.

Where no building line has been thus established the minimum front yard shall be 30 feet.

Offstreet parking shall be permitted in a front yard area, provided that ten feet of the yard area be developed and used as a planted, landscaped buffer strip adjacent to the existing or proposed street. The parking area for the front yard area shall be paved with concrete or asphalt.

Minimum required side yards. Corner side yards shall be a minimum of 20 feet. Interior side yards shall be a minimum of 15 feet.

Minimum required rear yards. All rear yards shall be a minimum of 20 feet.

Height of buildings. No building shall exceed 45 feet in height.

1309.05 Location of accessory buildings: No accessory building shall be erected in any required front or side yard or within 15 feet of any street line or within three feet of any lot line not a street line. An accessory building may be located in a rear yard provided it is located a distance of not less than eight feet from any principal building and three feet from the rear lot line; and provided further, that on reversed corner lots no accessory building shall extend toward the street line beyond the required front yard line of the lot to the rear or nearer than 15 feet to the street whichever is the greater.

1309.06 Corner visibility: On a corner lot, within the triangular area formed by the centerlines of the intersecting streets and a direct line in adjoining points on such centerline at a distance of 80 feet from their intersection, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average centerline grades of the streets, such grades being measured along the above cited 80-foot portions.

1309.07 Offstreet parking: As required in article XVI of this ordinance.

1309.08 Offstreet loading and unloading: As required in article XVI of this ordinance.

1309.09 Additional conditions and standards for the HB highway business district:

The board of adjustment may require that any outdoor use or area or storage area in this district be buffered with living evergreen foliage screening or a combination fence and shrubbery screen. Such a buffer shall have a minimum height of five feet and shall be subject to inspection by the building inspector or by a duly appointed inspection officer.

The board of adjustment may require the dedication of streets, service alleys, and traffic easements to adjoining property or other such easements as will insure sound growth and development and promote the general health, safety, and welfare.

Traffic circulation lanes to all offstreet parking areas shall meet the following minimum dimensional requirements:

One-way travel lanes shall be minimum ten feet wide.

Two-way travel lanes shall be minimum 20 feet wide.

These lanes shall be exclusive of designated offstreet parking areas.

Outdoor advertising signs (billboards) are permissible in this district only along the Interstate 95 corridor and as set forth in North Carolina Department of Transportation regulations.

Business signs or name signs (not billboards) shall be permitted on the premises of the business in which the principle use is permitted subject to the following limitations:

One permanent sign attached to the building one-half square foot to each linear front foot, not to exceed a maximum of 100 square feet on a single front lot. Two signs of this type and dimension may be permitted on a double front lot.

In addition to the signs specified in paragraph 1. above, one freestanding sign may be permitted subject to planning board approval of the following:

Height—20 feet above centerline at street grade.

Length.

Design.

All signs shall be constructed subject to Underwriters' Laboratories, Inc., standards. (Refer to North Carolina State Building Code for construction standards guidelines.) No roof signs shall be permitted within the HB district.

(Amend. of 2-3-03, § 4.A.)

1309.10 Additional parking and traffic circulation standards:

All accessways, walkways, and parking areas shall be lighted adequately by lighting fixtures which shall be so installed as to protect the street and neighboring properties from direct glare or hazardous interference of any kind.

Curbs, walls, fences or similar devices shall be located along the perimeter of parking lots, garages, and storage areas, except at entrances and exits indicated in approved parking plans. Such barriers shall be so designed and located as to prevent parked vehicles from extending beyond property lines of parking lots and garages and to protect public rights-of-way and adjoining properties from changing effects of surface drainage.

All offstreet parking, including exits, entrances, and maneuvering and parking shall:

Have access to a dedicated street or alley;

Have asphalt, concrete or all-weather surface treated access drives or lanes which are at least ten feet wide for single lane movement and 20 feet wide for double lane movement;

Be graded;

Be permanently maintained by the owners.

Offstreet parking areas for more than ten vehicles shall be effectively screened on each side which adjoins or faces premises situated in any residential district, or institutional premises by a suitable fence or hedge at least five feet high. Such fence or hedge shall be maintained in good condition.

All parking lots that are used regularly at least five days per week shall be paved with asphalt or concrete or all-weather surface material up to the required driveway.

All parking facilities shall be so designed that the required access to public streets shall be by forward motion of vehicles exiting the parking facility.

Curb cuts.

1309.11 Plans: Sketch plans shall be required. The plans shall show location and approximate size of all existing and proposed buildings, existing and proposed streets and alleys, easements, storm drainage, existing and proposed buffers and landscaping and such other items as are deemed necessary and reasonable by the planning board and/or the board of adjustment.

Such plans shall be subject to review by:

The county planning board.

The county building inspector.

The county health department.

The North Carolina department of transportation.

(Amend. of 2-3-03, § 1)

Cross reference— Roads, ch. 50.

Section 1310. - LB lakeside business district.

The LB lakeside business district is established as a business district on Lake Gaston.

1310.01 The following uses are permitted in the LB lakeside business district.

Commercial marinas for the launching, storage, rental, sale and repair of boats.

Sale of souvenirs, fishing equipment, soft drinks, sporting goods, and gasoline and oil.

Fishing and hunting lodges.

Motels.

Restaurants.

Amusement parks, including outdoor rides, bowling alleys, trampoline centers, miniature golf or three-par golf courses, soft drink stands, swimming pools and bathhouses, dancehalls.

Accessory buildings and uses normally associated with the above permitted uses.

Public utility distribution lines, electric substations, water tanks and towers, and telephone exchanges, but not service or storage yards or warehouses.

1310.02 Dimensional requirements:

Each lakeside business district shall have a minimum site size of five acres and shall have a minimum frontage along a state maintained road of at least 300 feet. All buildings shall be set back a minimum of 100 feet from any lakeside business district boundary line, except along lakeside business district boundary lines abutting Lake Gaston and boathouses on the lake. Any combination of the above permitted uses may be established in a lakeside business district.

Signs: Each separate use in a lakeside business district may erect one illuminated, nonflashing sign not exceeding 12 square feet in area.

1310.03 Corner visibility: On a corner lot, within the triangular area formed by the centerlines of the intersecting streets and a direct line joining points on such centerlines at a distance of 80 feet from their intersection, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average centerline grade of such streets, such grades being measured along the above cited 80-foot street portions.

1310.04 Offstreet parking: As required by article XVI.

Section 1311. - NSD neighborhood shopping district.

The NSD neighborhood shopping district is established as a shopping district containing less than two acres for the use primarily of the neighborhood in which it is located.

1311.01 The following uses are permitted in the NSD neighborhood shopping district:

Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard.

Agriculture and horticulture including retail sales.

Alcohol[ic] beverage packaged retail sales.

Amusement enterprises such as billiards, pool, bowling, theater, when housed in a permanent structure.

Antiques and gift retail sales.

Art supply retail sales.

Automobile parking operated in conjunction with permitted uses and in accordance with the requirements of article XVI.

Automobile service (gas and oil stations), providing screening for any cars not in operation.

Banks.

Barber, beauty and other personal services.

Bicycle sale and repair.

Book and stationery stores.

Business signs, as permitted in article XIV, section 1410.

Catering establishments.

Churches and other places of worship, including parish houses and Sunday school buildings.

Clothing sales.

Curb markets.

Dairy bars.

Department and variety stores.

Drugstores.

Dry cleaning pickup stations.

Dry cleaning, pressing and dyeing plants operated in conjunction with retail service counter provided that not more than 2,000 square feet is devoted to these processes.

aa.

Finance and loan companies.

bb.

Fish market, retail, including dressing.

cc.

Florist, retail.

dd.

Food stores (retail only)—grocery, delicatessen, meat and fish—but excluding the killing and dressing of any flesh or fowl.

ee.

Frozen food lockers.

ff.

Fuel oil and kerosene for heating purposes in aboveground containers provided the same comply with applicable codes.

gg.

Fuel oil, kerosene or other class III (National Board of Fire Underwriters) flammable liquids: the incidental sale at retail of same in containers provided the same comply with applicable codes.

hh.

Furniture retail sales.

ii.

Fur storage.

jj.

Furriers, retail sales.

kk.

Gasoline storage aboveground provided the same comply with applicable codes and regulations.

ll.

Gasoline storage, underground, provided the same comply with applicable codes.

mm.

Government buildings: buildings used exclusively by the federal, state, county, or city government for public purposes.

nn.

Hardware, appliances, and electrical items retail sale.

oo.

Hat cleaning and blocking.

pp.

Jewelry and watch sales.

qq.

Launderette service: where individual, family-sized laundry equipment is rented for use by the customer.

rr.

ss.

Laundry pickup stations.

tt.

Libraries, museums, and art galleries.

uu.

Lock and gunsmiths.

vv.

ww.

Motorcycle sales and repair.

xx.

Music stores.

yy.

Musical, dramatic and other artistic programs or events.

zz.

Newsstands.

aaa.

Nonconforming uses and buildings as provided in article IV.

bbb.

Office buildings: governmental and private office buildings including professional offices.

ccc.

Office equipment and supplies sales and service.

ddd.

Opticians and optical supplies sales.

eee.

Paint retail sales.

fff.

Pawnshops or secondhand stores.

ggg.

Pet shops and bird stores.

hhh.

Photograph studios and camera supply stores.

iii.

Physical culture establishments.

jjj.

Police, fire, rescue squad and civil defense stations.

kkk.

Printing, publishing and reproduction establishments employing not more than 15 persons.

lll.

Radio and television stations.

mmm.

Radio, television, retail sales and service.

nnn.

Railroad rights-of-way.

ooo.

Repair and servicing of office and household equipment.

ppp.

Restaurants.

qqq.

Shoe repair.

rrr.

Sporting good[s] sales.

sss.

Storage, undercover of goods intended for retail sale on the premises.

ttt.

Tailors, dressmakers, milliners.

uuu.

Taxi stands.

vvv.

Theaters, housed in a permanent indoor structure.

www.

Upholstery, paper hanging and decorator shops.

xxx.

Telephone exchange operation exclusive of structures that may be entered by service personnel provided same complies with section 1403 of this ordinance.

(Ord. of 4-19-84; Ord. of 12-4-95(1))

1311.02 The following uses may be permitted upon the approval of the Halifax County board of adjustment, in accordance with article VII, section 701.03 of this ordinance. It shall be the duty of the board of adjustment to hold a public hearing in regard to any proposed conditional use in order to review the plans for the location and use of all buildings, structures, and open land. The board of adjustment shall evaluate the effect of the proposed conditional use on the surrounding property and on the traffic capacity of the existing road system.

Reclamation landfills, temporary.

Temporary uses subject to appeal to the board of adjustment.

Clubs and other places of entertainment, either commercial or private.

Telephone exchange operation whose enclosure is designed to be entered by service personnel provided same complies with section 1403 of this ordinance.

(Ord. of 12-4-95(1))

1311.03 Dimensional requirements:

Maximum permissible lot size. Less than two acres.

Minimum required mean lot width per structure—20 feet.

Minimum required front yard—30 feet.

Minimum required side yards. At least 12 feet on the street side of every principal building. Where a lot sides upon a lot zoned residential or office and institutional there shall be a side yard of at least six feet in width. In all cases where a side yard not required is provided, it shall be at least four feet in width.

Minimum required rear yard. No rear yard is required except where the rear yard abuts a residential or office and institutional district there shall be a rear yard of 15 feet.

1311.04 Location of accessory buildings: No accessory building shall be erected in any required front or side yard or within 15 feet of any street line or within three feet of any lot line not a street line. An accessory building may be located in a rear yard provided it is located a distance of not less than eight feet from any principal building and three feet from the rear lot line, and provided further, that on reversed corner lots no accessory building shall extend toward the street line beyond the required front yard line of the lot to the rear or nearer than 15 feet to the street line whichever is the greater.

1311.05 Corner visibility: On a corner lot, within the triangular area formed by the centerlines of the intersecting streets and a direct line adjoining points on such centerlines at a distance of 80 feet from their intersection, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average grades of the streets, such grades being measured along the above cited 80-foot portions.

1311.06 Offstreet parking: As required in article XVI.

1311.07 Offstreet loading and unloading: As required in article XVI.

1311.08 Storage: Loading areas, parking areas, and yard areas shall not be used for outside storage areas unless screened by a solid fence or evergreen hedge five feet high or more.

Section 1312. - LI light industrial district.

The LI light industrial district is established as a manufacturing district in which there is no outside storage of products.

1312.01 The following uses are permitted in the LI light industrial district:

Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard.

Agriculture and horticulture including retail sales.

Airports and landing fields for rotary wing aircraft.

Animal hospitals and kennels provided no animal storage or runs shall be closer than 200 feet to any residential property line.

Appliance distributors for wholesale.

Assembly halls, coliseums, gymnasiums and similar structures.

Assembly of machines and appliances from previously prepared parts.

Automobile and truck assembly.

Automobile commercial parking enterprise in accordance with article XIV.

Automobile (new and used) and accessory sales.

Automobile parking operated in conjunction with permitted uses and in accordance with the requirements of article XIV.

Automobile service (gas and oil stations), providing screening for any cars not in operation.

Automobile washing establishments.

Bakeries or baking plants.

Banks.

Bedding, carpet and pillow manufacturing, cleaning and renovating.

Blacksmith or horseshoeing shops.

Blueprinting and photostating establishments.

Bookbindery.

Bottling works for soft drinks.

Business signs, according to article XIV, section 1410.

Candy products and manufacture.

Catering establishments.

Cemeteries.

aa.

Churches and other places of worship, including parish houses and Sunday school buildings.

bb.

Clothing manufacture.

cc.

Coffee roasting.

dd.

Cold storage plants.

ee.

Drive-in or outdoor motion picture show.

ff.

Dry cleaning, pressing and dyeing plants, and related retail service counter.

gg.

Feed and seed retail sale.

hh.

Food processing in wholesale quantities.

ii.

Fertilizer retail sales.

jj.

Fertilizer wholesale sales.

kk.

Florist: greenhouses, cultivation facilities and warehousing for wholesale and related retail trade.

ll.

Frozen food lockers.

mm.

Fuel oil and kerosene for heating purposes in aboveground containers provided the same comply with applicable codes.

nn.

Fuel oil, kerosene or other class III (National Board of Fire Underwriters) flammable liquids: the incidental sale in containers provided the same comply with applicable codes.

oo.

Funeral homes, undertaking establishments, embalming, crematoria.

pp.

Fur storage.

qq.

Repealed.

rr.

Gasoline storage aboveground provided the same comply with applicable codes and regulations.

ss.

Gasoline storage, underground, provided the same comply with applicable codes.

tt.

Gases or liquified petroleum gases provided the same comply with applicable codes.

uu.

Government buildings: buildings used exclusively by the federal, state, county, or city government for public purposes.

vv.

Grounds and facilities for open air games and sports.

ww.

Hatcheries.

xx.

Hosiery manufacture.

yy.

Ice manufacture storage and sales.

zz.

Jails and penal institutions.

aaa.

Laboratories for research and testing.

bbb.

Laundries, steam.

ccc.

Leather goods manufacture.

ddd.

Light manufacturing or processing not otherwise named herein provided no operations are carried on, or are likely to be carried on, which will create smoke, fumes, noise, odor or dust which will be detrimental to the health, safety or general welfare of the community.

eee.

Lock and gunsmiths.

fff.

Machine shops.

ggg.

Meat processing and packing other than slaughter.

hhh.

Mobile home sales areas.

iii.

Mobile home, security purposes, on mobile home sales areas.

jjj.

Nonconforming uses and buildings as provided in article IV.

kkk.

Optical and scientific instrument, jewelry and clock, musical instrument manufacture.

lll.

Pharmaceutical products manufacture.

mmm.

Police, fire, rescue squad and civil defense stations.

nnn.

Printing, publishing and reproduction establishments.

ooo.

Radio and television masts.

ppp.

Railroad rights-of-way.

qqq.

Repair and servicing of office and household equipment.

rrr.

Sign painting, exclusive of manufacture.

sss.

ttt.

Storage, undercover, of goods intended for retail sale on the premises.

uuu.

Storage warehouses.

vvv.

Textile manufacture.

www.

Tobacco processing and storage.

xxx.

Upholstery, paper hanging and decorator shops.

yyy.

Wholesale and jobbing establishments including incidental retail outlets for only such merchandise as is handled at wholesale.

zzz.

Woodworking shops, mill work.

aaaa.

Telephone exchange operation exclusive of structures that may be entered by service personnel provided same complies with section 1403 of this ordinance.

bbbb.

Metal recycling centers with outside storage of materials, provided that the scrap materials stored on site shall be screened from all public maintained roads by a six-foot high opaque fence and installed vegetative screening that will grow and provide a continuous all season opaque screen at least eight feet in height within eight years of planting.

(Ord. of 4-19-84; Ord. of 12-4-95(1); Amend. of 12-5-05, § II; Amend. of 3-10-08)

1312.02 The following uses may be permitted upon the approval of the Halifax County board of adjustment, in accordance with article VII, section 701.03 of this ordinance. It shall be the duty of the board of adjustment to hold a public hearing in regard to any proposed conditional use in order to review the plans for the location and use of all buildings, structures, and open land. The board of adjustment shall evaluate the effect of the proposed conditional use on the surrounding property and on the traffic capacity of the existing road system.

Circuses, carnivals, fairs, sideshows operated for profit, racing of motor vehicles or animals only when granted by a conditional use permit.

Public utility transformer substations, transmission towers, and water tanks on towers and telephone central offices but not service or storage yards are permitted as a conditional use in all districts subject to the conditions as specified in article XIV, section 1403. Public utility distribution lines shall be permitted as a permitted use in all zoning districts.

Reclamation landfills, temporary, as required in article XIV, section 1401.

Temporary uses subject to appeal to the board of adjustment.

Telephone exchange operation whose enclosure is designed to be entered by service personnel provided same complies with section 1403 of this ordinance.

Electronic gaming operations (as defined in subsection 1413.01), arcades or similar forms of amusement and entertainment within the establishment.

(Ord. of 12-4-95(1); Res. of 7-10-17(1), § 3)

1312.03 Dimensional requirements:

Minimum required mean lot width—50 feet.

Minimum required front yard—30 feet.

Minimum required side yards. At least 12 feet on one side of every principal building provided that on a corner lot such side yard shall be on the street side. Where a lot sides upon a lot zoned residential or office and institutional there shall be a side yard of at least six feet in width. In all cases where a side yard not required is provided, it shall be at least four feet in width.

Minimum required rear yard. Five feet is required except where the rear yard abuts upon a residential or office and institutional district, there shall be a rear yard of 15 feet.

No building shall exceed 45 feet in height.

1312.04 Location of accessory buildings: No accessory building shall be erected in any required front or side yard. An accessory building may be located in a rear yard provided it is located a distance of not less than eight feet from any principal building and three feet from the rear lot line; and provided further, that on reversed corner lots no accessory building shall extend toward the street line beyond the required front yard line of the lot to the rear or nearer than 15 feet to the street whichever is the greater.

1312.05 Corner visibility: On a corner lot, within the triangular area formed by the centerlines of the intersecting streets and a direct line adjoining points on such centerlines at a distance of 80 feet from their intersection, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average centerline grades of the streets, such grades being measured along the above cited 80-foot portions.

1312.06 Offstreet parking: As required in article XVI.

1312.07 Offstreet loading and unloading: As required in article XVI.

Section 1313. - HI heavy industrial district.

The HI heavy industrial district is established as a manufacturing district in which outside storage of products is permitted.

1313.01 The uses permitted in LI light industrial district are permitted in the HI heavy industrial district with the following exceptions from section 1312.01: p., v., x., y., mm.

1313.02 In addition to the abovementioned permitted uses, the following uses are also permitted in the HI heavy industrial district:

Aggregates, soil, and fill dirt stockpiling and storage.

Alcohol and alcoholic beverages manufacture.

Brick, tile, clay pipe and other clay products.

Bus repair and storage terminals.

Canvas and burlap products manufacture, sale and storage.

Coal or coke yards.

Contractor's plants or storage yards.

Cooperage works.

Cosmetics and perfume manufacture.

Dairy products processing, bottling, distribution, and ice cream manufacture, all on a wholesale basis.

Dye stuff manufacture.

Electric light or power generating station.

Emery cloth or sandpaper manufacture.

Enameling, japanning, lacquering, or the plating or galvanizing of metals.

Excelsior and fiber manufacture.

Farm machinery assembly, repair and sales.

Repealed.

Feed and seed processing.

Felt manufacture.

Flammable liquids: handling and storage in bulk, provided the same comply with applicable codes.

Flour, feed, and seed processing.

Foundries casting nonferrous metals where conducted wholly within an enclosed structure, except for open air storage and having a total furnace capacity of not more than 1,000 aluminum pounds.

Foundries producing iron and steel products.

Gasoline storage aboveground provided the same comply with applicable codes and regulations.

Glass manufacture.

Grain elevators.

aa.

Heavy industry not otherwise listed, as conditional use provided board of adjustment finds such industry is similar to other industries in HI heavy industrial district.

bb.

Industrial chemical manufacture except highly corrosive materials.

cc.

Insulation material manufacture and sale.

dd.

Lumberyards, building materials, storage and sale.

ee.

Machine tool manufacture.

ff.

Metal fabrication plants using plate and structural shapes and including boiler or tank works.

gg.

Mixing plants for concrete, or paving materials and manufacture of concrete products.

hh.

Office complex.

ii.

Oxygen manufacture and/or storage.

jj.

Paint and enamel manufacture not employing a boiling process.

kk.

Paper, pulp, cardboard, wood pellet and building board manufacture.

ll.

Planing or saw mills.

mm.

Plastics manufacture.

nn.

Plating works.

oo.

Plumbing shop and yard.

pp.

Potash works.

qq.

Pottery, porcelain and vitreous china manufacture.

rr.

Poultry dressing for wholesale and related retail activities.

ss.

Public utility service and storage yards.

tt.

Railroad car repair and manufacture.

uu.

Railroad freight yards, terminals or classification yards.

vv.

Repair and servicing of industrial equipment machinery, except railroad equipment.

ww.

Rock crushers.

xx.

Rodenticide, insecticide and pesticide mixing plants.

yy.

Repealed.

zz.

Scrap material storage yards.

aaa.

Sheet metal shops.

bbb.

Sign manufacture, painting, and maintenance.

ccc.

Signs: outdoor advertising signs, as permitted in article XIV, section 1408, and otherwise as permitted in article XIV, section 1410.

ddd.

Soap, detergent and washing compound manufacture.

eee.

Stonecutting, monument manufacture and sales.

fff.

Storage warehouses and yards, but not including scrap material storage yards.

ggg.

Storage yards, but not including scrap material storage yards.

hhh.

Tar and waterproofing materials manufacture, treatment and storage.

iii.

Textile machinery manufacture.

jjj.

Tire recapping and retreading.

kkk.

Truck terminals, repair shops, hauling and storage yards.

lll.

Repealed.

(Ord. of 4-19-84; Ord. of 4-4-88; Amend. of 12-5-05; Res. of 7-2-12, §§ 1, 3)

1313.03 Dimensional requirements:

Minimum required mean lot width—50 feet.

Minimum required front yard—30 feet.

Minimum required rear yard. Ten feet is required except where the rear yard abuts upon a residential or office and institutional district there shall be a rear yard of 15 feet.

No building shall exceed 45 feet in height unless the depth of front and width of side yards required herein are increased one foot for each two feet, or fraction thereof, of building height in excess of 45 feet.

(Res. of 7-2-12, § 2)

1313.04 Location of accessory buildings: No accessory building shall be erected in any required front or side yard. An accessory building may be located in a rear yard provided it is located a distance of not less than eight feet from any principal building and three feet from the rear lot line; and provided further, that on reversed corner lots no accessory building shall extend toward the street line beyond the required front yard line of the lot to the rear or nearer than 15 feet to the street line whichever is the greater.

1313.05 Corner visibility: On a corner lot, within the triangular area formed by the centerlines of the intersecting streets and a direct line joining points in such centerlines at a distance of 80 feet from their intersection, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average centerline grades of the streets, such grades being measured along the above cited 80-foot portions.

1313.06 Offstreet parking: As required in article XVI.

1313.07 Offstreet loading and unloading: As required in article XVI.

1313.08 The following uses may be permitted upon the approval of the Halifax County board of adjustment, in accordance with article VII, section 701.03 of this ordinance. It shall be the duty of the board of adjustment to hold a public hearing in regard to any proposed conditional use in order to review the plans for the location and use of all buildings, structures, and open land. The board of adjustment shall evaluate the effect of the proposed conditional use on the surrounding property and on the traffic capacity of the existing road system.

Circuses, carnivals, fairs, sideshows operated for profit, racing of motor vehicles or animals only when granted by a special use permit.

Public utility transformer substations, transmission towers, and water tanks on towers, and telephone central offices but not service or storage yards as permitted as a conditional use in all districts subject to the conditions as specified in article XIV, section 1403. Public utility distribution lines shall be permitted as a permitted use in all zoning districts.

Reclamation landfills, temporary, as permitted in article XIV, section 1401.

Temporary uses subject to the appeal to the board of adjustment.

Heavy industry not otherwise listed provided the board of adjustment finds such industry is similar to other industries in HI heavy industrial district.

Electronic gaming operations (as defined in subsection 1413.01), arcades or similar forms of amusement and entertainment within the establishment.

(Res. of 7-10-17(1), § 4)

Section 1314. - AP airport district.

It is the intent of the regulations which follow to limit land in airport districts to uses other than residential or places of public assembly, such as schools, churches, hospital, theaters, stadiums, etc.; to confine, to the extent possible, land in these districts to industrial, commercial, agricultural, or recreational uses which are not subject to high population concentrations. It is the further intent of these regulations to protect the public from annoyance by aircraft noise; from danger of falling aircraft; and to avoid impediment to the continued growth of civil aeronautics and air commerce at the Halifax-Northampton Regional Airport which may accrue from encroachment of populous, urban-type land development.

1314.01 The following uses are permitted in the AP airport district:

HB highway business. Those uses permitted in the HB highway business district of this ordinance, except places of public assembly and aboveground storage of inflammable liquids and gases shall be permitted.

Ll light industrial. Those industrial uses permitted in LI industrial districts of this ordinance shall be permitted.

Cemeteries.

Customary home occupations, such as dressmaking, music teaching, etc., and the offices of resident members of recognized professions, such as doctors, dentists, engineers, lawyers, artists, architects, where such professions are carried on in their respective residences, and where such residences exist as nonconforming uses in airport districts.

Golf courses and tennis courts.

Signs, as permitted by article XIV, section 1410 for HB highway business and Ll light industrial with the appropriate land use.

1314.02 The following uses may be permitted upon the approval of the Halifax County board of adjustment, in accordance with article VII, section 701.03 of this ordinance. It shall be the duty of the board of adjustment to hold a public hearing in regard to any proposed conditional use in order to review the plans for the location and use of all buildings, structures, and open land. The board of adjustment shall evaluate the effect of the proposed conditional use on the surrounding property and on the traffic capacity of the existing road system.

Residential structures, including mobile homes, which become nonconforming land uses by reason of rezoning to airport district, may be continued as permitted uses subject to the provisions of article IV of this ordinance, except that subsections 400, 401, 402, 404 shall not apply. The following regulations shall apply instead:

Where a nonconforming building or structure which is damaged or totally destroyed by fire, flood, wind, explosion, or other calamity, or act of God, subsequent to time of passage of this ordinance [such nonconforming building or structure] may be restored and used as a conditional use after approval of plans by and issuance of a building permit by the board of adjustment.

The board of adjustment shall issue a permit for such conditional use, provided the repair or reconstruction conforms, to the extent possible to all regulations governing residential districts. Minimum depth of front, rear, side, and corner side yards shall be determined by the board of adjustment but shall not be less than the minimum required for any yard in the R-6 residential district.

Where a residential structure, including mobile homes, becomes nonconforming by reason of rezoning to airport district, and where said structure was the only residence upon the lot it occupied at the time of rezoning to airport district, and where the lot occupied by the structure was owned or being purchased by the resident of the structure at the time of rezoning to airport district, said structure may be removed or demolished and replaced by another residential structure, subject to approval of plans by the board of adjustment as required in section 1313.02a.2. above.

(Res. of 5-7-12, §§ 1(a.—c.))

Cross reference— Aviation, ch. 18.

Section 1315. - EHI enhanced heavy industrial district.

The EHI enhanced heavy industrial district is established as a manufacturing district in which outside storage of products is permitted.

1315.01 The uses permitted in LI light industrial district are permitted in the EHI enhanced heavy industrial district with the following exceptions from section 1312.01: p., v., y., mm., and the uses permitted in HI heavy industrial district are permitted in the EHI enhanced heavy industrial district.

1315.02 In addition to the abovementioned permitted uses, the following uses are also permitted in the EHI enhanced heavy industrial district:

Fat rendering, production of fats and oils from animal or vegetable products by boiling, provided that not more than 25 percent of the total plot area is covered by the principal building and all accessory buildings, including any roofed area, and provided that such operations shall be located at least 300 feet distance from any residential district and where such use will not endanger health, sanitation or general public welfare.

Sanitary landfill excluding the burning of trash out of doors.

Garbage and waste incinerators.

1315.03 Dimensional requirements:

Minimum required mean lot width—50 feet.

Minimum required front yard—30 feet.

Minimum required rear yard. Ten feet is required except where the rear yard abuts upon a residential or office and institutional district there shall be a rear yard of 15 feet.

1315.04 Location of accessory buildings: No accessory building shall be erected in any required front or side yard. An accessory building may be located in a rear yard provided it is located a distance of not less than eight feet from any principal building and three feet from the rear lot line; and provided further, that on reversed corner lots no accessory building shall extend toward the street line beyond the required front yard line of the lot to the rear or nearer than 15 feet to the street line whichever is the greater.

1315.05 Corner visibility: On a corner lot, within the triangular area formed by the centerlines of the intersecting streets and a direct line joining points in such centerlines at a distance of 80 feet from their intersection, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average centerline grades of the streets, such grades being measured along the above cited 80-foot portions.

1315.06 Offstreet parking: As required in article XVI.

1315.07 Offstreet loading and unloading: As required in article XVI.

1315.08 The following uses may be permitted upon the approval of the Halifax County board of adjustment, in accordance with article VII, section 701.03 of this ordinance. It shall be the duty of the board of adjustment to hold a public hearing in regard to any proposed conditional use in order to review the plans for the location and use of all buildings, structures, and open land. The board of adjustment shall evaluate the effect of the proposed conditional use on the surrounding property and on the traffic capacity of the existing road system.

Circuses, carnivals, fairs, sideshows operated for profit, racing of motor vehicles or animals only when granted by a special use permit.

Reclamation landfills, temporary, as permitted in article XIV, section 1401.

Temporary uses subject to the appeal to the board of adjustment.

Heavy industry not otherwise listed provided the board of adjustment finds such industry is similar to other industries in EHI enhanced heavy industrial district.

(Res. of 7-2-12, § 4; Res. of 7-10-17(1), § 4)

Section 1316. - Voluntary agricultural district and enhanced voluntary agricultural district ordinance.

1316.01 Title. An ordinance of the board of county commissioners of Halifax County, North Carolina, entitled, "Voluntary Agricultural District and Enhanced Voluntary District Ordinance."

1316.02 Authority. The articles and sections of this ordinance are adopted pursuant to authority conferred by the North Carolina General Statutes Sections 106-735 through-106-744 and Chapter 153A.

1316.03 Purpose. The purpose of this ordinance is to promote agricultural values and the general welfare of the county and more specifically, increase identity and pride in the agricultural community and its way of life; encourage the economic and financial health of agriculture, horticulture and forestry; and increase protection from non-farm development and other negative impacts on properly managed farms.

1316.04 Definitions. The following are defined for purposes of this ordinance:

Advisory board. Halifax County Agricultural Advisory Board.

Chairperson. Chairperson of the Halifax County Agricultural Advisory Board.

District. Voluntary agricultural district as established by this ordinance.

Enhanced district. Enhanced voluntary agricultural district as established by this ordinance.

Board of commissioners. Halifax County Board of Commissioners.

1316.05 Agricultural advisory board.

Creation. The board of commissioners shall establish an agricultural advisory board to implement the provisions of this program.

Membership. The advisory board shall consist of no less than seven members appointed by the board of commissioners with an effort to seek the broadest geographic and agricultural commodity representation as possible.

Membership requirements.

Each advisory board member shall be a Halifax County resident and landowner.

A majority of the members shall be actively engaged in farming, horticulture and/or forestry.

The members may be selected for appointment by the board of commissioners from the names of individuals submitted to the board of commissioners by the soil and water conservation district board of supervisors, the county office of North Carolina Cooperative Extension, the U.S. Farm Service Agency County Committee, nonprofit agricultural organizations, conservation organizations, agribusiness, horticultural businesses, forestry businesses, and the public at large.

Additional members may be appointed to the board in an ex officio capacity from the Halifax County Office of North Carolina Cooperative Extension, the U.S.D.A. Farm Service Agency, the Halifax County Office of the Natural Resource Conservation Service or other agencies, as deemed necessary by the board of commissioners. Members serving in an ex officio capacity shall neither vote nor count toward quorum requirements.

Tenure. The initial board is to consist of two appointees for terms of one year; two appointees for terms of two years; and three appointees for terms of three years. Thereafter, all appointments are to be for terms of three years, with reappointment permitted up to three terms.

Vacancies. Any vacancy on the advisory board is to be filled by the board of commissioners for the remainder of the unexpired term.

Removal. Any member of the advisory board may be removed by the board of commissioners upon a majority vote of the commissioners. No cause for removal shall be required.

Funding. The per diem compensation, if any, of the members of the advisory board may be fixed by the board of commissioners and funds may be appropriated to the advisory board to perform its duties.

Advisory board procedure.

Chairperson. The advisory board may elect a chairperson and vice-chairperson each year at its first meeting of the fiscal year. The chairperson shall preside over all regular or special meetings of the advisory board. In the absence or disability of the chairperson, the vice-chairperson shall preside and shall exercise all the powers of the chairperson. Additional officers may be elected as needed.

Determination of procedure. The advisory board may adopt rules of procedure not inconsistent with this ordinance or with other provisions of state law.

Advisory board year. The advisory board shall use the Halifax County fiscal year as its meeting year.

Meetings. Meetings of the advisory board shall be held at the call of the chairperson and at such other times as the advisory board may specify in its rules of procedure or upon the request of at least a majority of the advisory board membership. A meeting shall be held at least annually and notice of any meetings to the members shall be in writing, unless otherwise agreed to by all advisory board members. Meeting dates and times shall be posted as far in advance as possible on the door of the meeting site and by posting on the Halifax County website or by other means of public dissemination of the meeting dates as may be agreed upon by at least a majority of the advisory board membership. All meetings shall be open to the public.

Majority vote and quorum requirements. All issues shall be decided by a majority vote of the members of the advisory board present. A quorum is defined as at least a majority of the appointed members. No business may be conducted by the advisory board without a quorum present.

Records. The advisory board shall keep minutes of the proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the advisory board, or its designee, and shall be a public record.

Administrative. The advisory board shall be staffed by the Halifax County Cooperative Extension Agency and serve the board for record keeping, correspondence, application procedures under this ordinance, and whatever services the board needs to complete its duties.

Duties. The advisory board shall:

Review and approve or disapprove applications of landowners for enrollment of qualified farmland, horticultural land, or forestland in either voluntary agricultural districts or enhanced voluntary agricultural districts;

Make recommendations concerning the establishment and modification of agricultural districts;

Conduct public hearings pursuant to section 1316.12 of this ordinance;

Advise the board of commissioners on projects, programs, or issues affecting the agricultural economy and agricultural, horticultural or forestry activities within the county that will affect agricultural districts;

Review and make recommendations concerning proposed amendments to this ordinance;

Develop a draft countywide farmland protection plan as defined in N.C.G.S. § 106-744(e) for presentation to the board of commissioners if requested;

Study additional methods of protection for farming, horticulture, forestry, and the attendant land base, and make recommendations to the board of commissioners; and

Perform other agricultural, horticultural, and forestry-related tasks or duties assigned by the board of commissioners.

1316.06 Creation of voluntary agricultural districts and enhanced voluntary agricultural districts.

Implementation. In order to implement the purposes stated in section 1316.03, this program provides for the creation of voluntary agricultural districts which meet the following standards:

The district or enhanced district shall contain a minimum of qualifying contiguous acres of agricultural land; forestland or horticultural lands; or

Consist of at least two or more certified qualifying tracts which are one mile or less from each other and containing not less than the minimum acreage in the aggregate.

Land shall be treated as a single district whether enrolled in the district or the enhanced district.

Education. The county may take such action as it deems appropriate through the advisory board or other entities or individuals to encourage the formation of the districts and enhanced districts and to further their purposes and objectives, including the implementation of a public information program to reasonably inform landowners of the agricultural district program.

Addition and withdrawal.

Qualifying farmland in a region with an existing district shall be added to the district as herein provided.

In the event that one or more tracts in the district or enhanced district withdraw and the acreage in the district or enhanced district becomes less than the minimum-acreage required or results in the remaining land being noncontiguous, a voluntary agricultural district will continue to exist so long as there is one qualifying farm in accordance with section 1316.07 of this ordinance.

Requests for additions shall be accompanied by applicable application and recording fees. Requests for withdrawals may be subject to applicable recording fees, if any.

1316.07 Certification and qualification of farmland.

Requirements. To secure county certification as qualifying farmland in either a voluntary agricultural district or enhanced voluntary agricultural district, a farm must:

Be participating in the farm present-use-value taxation program established by N.C.G.S. § 105-277.2 through § 105-277.7, or is otherwise determined by the county to meet all the qualifications of this program set forth in G.S. 105-277.3;

Be managed, if highly erodible land exists on the farm, in accordance with the Natural Resources Conservation Service defined erosion-control practices that are addressed to said highly erodible land; and

Be the subject of a conservation agreement, as defined in N.C.G.S. § 121-35, between the county and the owner of such land that prohibits non-farm use or development of such land for a period of at least ten years, except for the creation of not more than three lots that meet applicable county zoning and subdivision regulations. These lots are no longer part of agricultural district and therefore are ineligible for benefits of the program.

Be located in the unincorporated area of Halifax County or within a municipal extraterritorial jurisdiction (ETJ).

1316.08 Application, approval, and appeal procedure.

Application procedure.

A landowner may apply to participate in either the agricultural district or the enhanced agricultural district program by making application to the chairperson of the advisory board or a designated staff person, and must designate the application as for either voluntary agricultural district status or enhanced district status. The application shall be on forms provided by the advisory board and accompanied by application and recording fees as set forth by the county board of commissioners.

A conservation agreement (required by N.C.G.S. § 106-737 and defined in N.C.G.S. § 121-35) suited to district type (voluntary agricultural district or enhanced voluntary agricultural district) designated by the landowner to sustain, encourage, and promote agriculture must be executed by the landowner and recorded with the advisory board, which shall record a certified copy of such with the Halifax County Registrar of Deeds. Permitted uses include agriculture, horticulture, forestry, and outdoor recreation. Conservation agreements for the enhanced agricultural district program may, at the election of the parties, include provisions requiring that any disputes between the county and the landowner be resolved through arbitration or mediation, and, in the event of litigation, that the prevailing party be awarded costs, including reasonable attorney fees. The conservation agreement for the enhanced voluntary agricultural district shall be binding upon all successors in interest to the landowner, except for successors in interest resulting from the exercise of rights under a security interest or lien that preceded the conservation agreement.

Approval process.

The deadline for submission of applications to the advisory board shall be the fifth day of each quarter (January 5, April 5, July 5, and October 5). The advisory board shall meet within 90 days to approve or disapprove the application. The chairperson shall notify the applicant by first class mail of approval or disapproval of participation in the district.

Upon receipt of an application, the chairperson will forward copies immediately to the following offices, which shall be asked to provide comments, if any, to the advisory board prior to the date set for the advisory board vote on the application:

The Halifax County Tax Administrator;

The Halifax Soil and Water Conservation District office;

The Halifax County Office of N.C. Cooperative Extension;

The Natural Resources Conservation Service;

The Halifax County Planning Department.

Appeal. If an application is denied by the advisory board, the landowner may, within ten days of the receipt of notification of disapproval of the application, request in writing that the advisory board reconsider its decision. The request for reconsideration shall state the reason(s) therefore. Upon either an initial denial, if no request for reconsideration was made, or denial after reconsideration, the landowner shall have 30 days from the date of notification to appeal the decision to the board of commissioners. Such appeal shall be presented in writing. The decision of the board of commissioners is final.

1316.09 Revocation, enforcement and renewal of conservation agreements.

Revocation and enforcement.

District. By providing written notice to the advisory board, a landowner of qualifying farmland within a voluntary agricultural district may revoke the conservation agreement or the advisory board may revoke the same conservation agreement based on noncompliance by the landowner, subject to the same provisions as contained in section 1316.08(C) for appeal of denials. Such revocation shall result in loss of qualifying farm status and loss of eligibility to participate in a district. Absent noncompliance by the landowner, neither the advisory board nor the board of commissioners shall revoke any conservation agreement prior to its expiration. If the advisory board shall revoke this conservation agreement for cause, the landowner shall have the appeal rights set forth in section 1316.08(C). Transfers of land in a voluntary agricultural district due to death of the landowner, sale or gift shall not revoke the conservation agreement unless the land no longer qualifies for the present-use-value taxation program and/or the land is withdrawn either voluntarily or involuntarily from the district. Enforcement of the terms of a conservation agreement for land enrolled in a voluntary agricultural district shall be limited to revocation of the conservation agreement and the benefits derived therefrom.

Enhanced district. Conservation agreements for land within enhanced districts are irrevocable for a period of ten years. Enforcement of the terms of the conservation agreement may be through an action for injunctive relief and/or damages in any court of competent jurisdiction. The county may also terminate any benefits to the owner under this program either permanently or during the period of violation, as appropriate. If the advisory board shall revoke this conservation agreement for cause, the landowner shall have the appeal rights set forth in section 1316.08(C). The right to terminate program benefits is in addition to any legal rights that the county may have under either this ordinance or the terms of the applicable conservation agreement. The county may seek costs of the action including reasonable attorney fees if such a provision is incorporated into the conservation agreement.

Renewal.

District. A conservation agreement for land within a voluntary agricultural district shall be automatically renewed unless the landowner provides 30-day written notice to the advisory board of intent not to renew. Absent noncompliance by the landowner, neither the advisory board nor the board of commissioners shall fail to renew any conservation agreement unless this ordinance or its authorizing legislation has been repealed.

Enhanced district. A conservation agreement for the enhanced voluntary agricultural district shall be deemed automatically renewed for an additional term of three years, unless either the advisory board or the landowner gives written notice to the contrary prior to the termination date of the conservation agreement. At the end of each three-year term the conservation agreement shall automatically renew for an additional three-year term unless a 30-day notice of termination is given.

1316.10 Waiver of water and sewer or all utility assessments.

No connection required.

A landowner belonging to the district shall not be required to connect to Halifax County water and/or sewer systems.

A landowner belonging to an enhanced district shall not be required to connect to Halifax County utility systems.

Abeyance.

Water and sewer assessments shall be held in abeyance, without interest, for farms in a district, until improvements on such property are connected to the water or sewer system for which the assessment was made.

Utility assessments shall be held in abeyance, without interest, for farms in an enhanced district, until improvements on such property are connected to the utility system for which the assessment was made.

Termination of abeyance. When the period of abeyance ends, the assessment is payable in accordance with the terms set out in the assessment resolution.

Suspension of statute of limitations. Statutes of limitations are suspended during the time that any assessment is held in abeyance without interest. The landowner may be required to sign an acknowledgement (that may be incorporated into the conservation agreement) of the abeyance of the statute of limitations upon collecting water and sewer assessments, or other utility assessments.

Other statutory abeyance procedures. Nothing in this section is intended to diminish the authority of the county to hold assessments in abeyance under N.C.G.S. § 153A-201, or other applicable law.

Conflict with water and/or sewer system construction and improvements grants. To the extent that this section conflicts with the terms of federal, state, or other grants under which county utility systems are constructed this section shall not apply. This section shall not apply to utilities that are not owned by the county unless the county has entered into an agreement with the entity(ies) owning the utilities and that agreement provides that this ordinance shall apply.

1316.11 Additional enhanced agricultural district benefits. Land enrolled in the enhanced voluntary agricultural district program is entitled to all of the benefits available under the voluntary agricultural district program, and to the following additional benefits:

Sale of non-farm products. Landowners participating in enhanced districts may receive up to 25 percent of gross sales from the sale of non-farm products and still qualify as a bona fide farm that is exempt from county zoning regulations under N.C.G.S. § 153A-340(b). A farmer seeking to benefit from this subsection shall have the burden of establishing that the property's sale of non-farm products did not exceed 25 percent of its gross sales. The standards necessary for proof of compliance shall be set forth in the Nash County Unified Development Ordinance.

Agricultural cost share program. Landowners participating in enhanced districts are eligible under N.C.G.S. § 143-215.74(b) to receive the higher percentage of cost-share funds for the benefit of that farmland under the agriculture cost share program established pursuant to Part 9 of Article 21 of Chapter 143 of the General Statutes for funds to benefit that farmland.

Priority consideration. State departments, institutions, or agencies that award grants to farmers are encouraged to give priority consideration to landowners participating in enhanced districts.

1316.12 Public hearings on condemnation of farmland

No local public agency or local governmental unit may formally initiate any action to condemn any interest in qualifying farmland within a district or an enhanced district until such agency or unit has requested the advisory board to hold a public hearing on the proposed condemnation. Not less than ten calendar days before the public hearing, the advisory board shall publish notice of the date, time and place for the public hearing on the Halifax County website. Following public hearing, the advisory board shall prepare and submit written findings and recommendations to the decision-making body of the agency or unit proposing condemnation. The advisory board shall have no more than 30 days after receiving a request under this article to hold the public hearing and submit its findings and recommendations to the requesting agency or unit. The agency or unit proposing condemnation may not formally initiate a condemnation action while the proposed condemnation is properly before the advisory board within this 30 day time limitation, but no longer.

1316.13 Notification.

Record notice of proximity to voluntary agricultural district.

Procedure.

Mapping. Halifax County shall provide locations of all approved and current voluntary agricultural districts and enhanced voluntary agricultural districts on the Halifax County GIS (Geographic Information System) website. A separate layer indicating the location of the districts, ownership information, properties within one-half mile and other pertinent data will be available for public view. In addition, maps indicating the voluntary and enhanced voluntary agricultural districts shall be posted in the Halifax County Register of Deeds, Cooperative Extension Agency, Soil and Water Department and Planning Department. The postings shall also contain a statement explaining potential agricultural activities as provided in section 1316.14.B.

Signage. Approved signs identifying agricultural district membership may be placed along major roads that pass through or are next to those districts. Members of the agricultural district may place approved signs on their individual farms denoting their agricultural district membership. Placement of signage shall be coordinated with the North Carolina Department of Transportation and the Halifax County Planning Department.

1316.14 County land use planning.

Duty of the advisory board. It shall be the duty of the advisory board to advise the board of commissioners or the agency or office to which the board of commissioners delegate authority to oversee county land use planning, on the status, progress, and activities of the county's agricultural district program and to also coordinate the formation and maintenance of agricultural districts with the county's land use planning activities and the county's land use plan if one currently exists at the time this is enacted or when one is formed.

Posting of notice. The following notice along with a map of the voluntary agricultural districts and properties within one-half mile of those districts; shall be posted in the office of the register of deeds and other Halifax County farm or land-development related offices:

Halifax County is proud of its agricultural heritage and has established agricultural districts to encourage the sustainability and growth of its agricultural and forestry industries. Please be aware that agricultural activities continue to occur in and near agricultural districts. Agricultural activities sometimes produce noise, dust, odors, and require the movement of slow-moving farm vehicles on public roads. The locations of Halifax County's agricultural districts may be viewed by visiting the Halifax County GIS (Geographic Information System) website at
http://gis.co.halifax.nc.us/connectgis/halifax/.

Growth corridors. At such time as the county might establish designated growth corridors, agricultural districts shall not be permitted in the designated growth corridors, as delineated on the official county planning map without the approval of the board of commissioners. Districts located in growth corridors designated after the effective date of this program may remain, but shall not be expanded within the growth corridor area without the approval of the board of commissioners.

1316.15 Consultation authority. The advisory board may consult with North Carolina Cooperative Extension, the Natural Resources Conservation Service, the North Carolina Department of Agriculture and Consumer Services, and with any other individual, agency, or organization the advisory board deems necessary to properly conduct its business.

1316.16 North Carolina agency notification.

Annual report to the North Carolina Department of Agriculture and Consumer Services. Upon adoption, a copy of this ordinance shall be sent to the office of the North Carolina Commissioner of Agriculture and Consumer Services, the board of commissioners, the county office of North Carolina Cooperative Extension, and the soil and water conservation district office. At least annually the county shall submit a written report to the commissioner of agriculture and consumer services on the county's agricultural district program, including the following information:

Number of landowners enrolled;

Number of acres enrolled;

Number of acres certified during the reporting period;

Number of acres denied during the reporting period;

Number of acres for which applications are pending;

Copies of any amendments to this ordinance; and

Any other information the advisory board deems useful.

(Amend. of 11-1-10(1); Res. of 4-1-19(1), §§ 1, 2)