This section [this article] provides regulations and conditions for certain uses which are unusual in their nature or complexity or are potentially incompatible with their surroundings unless special protective restrictions are applied. Each use listed in this section [this article] shall comply with the regulations of the district in which it is located, with the requirements specified.

For the purpose of improving steep, low, eroded, or otherwise unusable land[, reclamation landfills shall be permitted in accordance with the following:]

1401.01 Permitted districts: All districts for no more than one year.

1401.02 Plans: Existing and finished contours at a contour interval no greater than five feet.

1401.03 Structures: Location and type of structures proposed to be built on the site and the period of time proposed to elapse between the completion of the fill and the beginning of construction.

1401.04 Timing of development: Anticipated period of time over which the filling operation will be conducted.

1401.05 Other requirements:

a.

The location and specification of existing water and sewer lines within the landfill area;

b.

The location and specification of proposed structures within the fill area;

c.

All fill material shall consist only of masonry and other nonorganic and nontoxic matter, approved by the building inspector and a four-inch soil base shall be placed over fill material at the end of each workweek.

Cross reference— Solid waste, ch. 54.

1402.01 Open defined. An "open fence or wall" is defined as one in which the openings through which clear vision is possible from one side to the other on a horizontal and occupies 75 percent or more of the side area of the fence or wall.

1402.02 Height. Open fences and walls may be erected to any height. Solid fences (75 percent minimum) shall be a maximum height of four feet when projecting into the front and/or the side yard. Solid fences (75 percent minimum) shall be a maximum of six feet in height in the rear yard. Fence and wall height limitations shall not apply to utility facilities, substations, plants, towers, water storage facilities, correctional and mental institutions, military facilities, and conditional uses which may require additional height as per the Halifax County Board of Adjustment.

1402.03 Retaining walls. In the case of retaining walls located as above, the same provisions shall apply except that the solid part of retaining walls shall be permitted to project one foot above the soil that is retained, whichever is the greater.

(Amend. of 7-6-98)

[Public utility stations,] including public utility transformer substations, transmission towers, water tanks and water tanks on towers, and telephone central offices but not service yards[, shall be permitted in accordance with the following:]

1403.01 Plans. Plans are required and shall show the following:

a.

Location and approximate size of all existing and proposed structures within the site on a map drawn to scale. The board of adjustment may require a general sketch map showing all buildings and structures within 100 feet adjacent thereto.

b.

Location and arrangement of all proposed offstreet parking.

c.

Proposed provisions for fencing and other protective screening at lot lines adjacent to abutting property. The board of adjustment may require that all screening and fencing and/or buildings be erected in such a way as to blend harmoniously with existing or proposed uses and buildings of adjacent and immediately surrounding property.

d.

Anticipated service areas within the site for such uses as loading and unloading and refuse disposal.

1403.02 Each separate, high tension power structure shall require a separate building permit for said structure.

1403.03 Parties located within 100 feet and/or affected by the erection, construction, expansion or alteration of a public utility station or substation or tower shall be given reasonable and proper notification of such activities.

The purpose of these regulations [this section] is to regulate and guide the establishment of mobile home parks in order to promote the public health, safety and general welfare of the citizens of Halifax County, North Carolina. The boards may consider the proximity to schools, churches, hospitals and other mobile home parks. These regulations are designed to accomplish the following specific objectives:

a.

To further the orderly layout of mobile home parks;

b.

To secure safety from fire, panic, and other dangers;

c.

To provide adequate light and air;

d.

To insure that facilities for transportation, parking, water, and sewerage, and recreation are provided for mobile home park residents.

These regulations shall govern the establishment of each and every new mobile home park and the alteration or expansion of existing mobile home parks lying within the jurisdiction of Halifax County and within the jurisdiction of any municipality whose governing body by resolution agrees to such regulation.

(Ord. of 2-6-95(2), § 1)

1404.01 Procedure for securing approval of mobile home parks.

a.

Approval required: No mobile home park within the jurisdiction of Halifax County shall be established, altered or expanded until a construction permit has been issued by the enforcement officer authorizing such construction.

b.

Mobile home park construction permit:

1.

Mobile home parks shall be treated as conditional uses and shall follow the general procedures for conditional use permits as specified in article VII as well as the specific procedures herein.

2.

The park plan shall be drawn to a scale of 100 feet to one inch or larger and shall include the following:

a)

The name of the park, the names and addresses of the owner or owners, and the designer or surveyor.

b)

Date, scale, and approximate north arrow.

c)

Boundaries of the tract shown with bearings and distances.

d)

Site plan showing streets, driveways, recreation areas, parking spaces, service buildings, water courses, easements, mobile home spaces, and all structures to be located on the park site.

e)

Vicinity map showing the location of the park and the surrounding land usage.

f)

Names of adjoining property owners.

g)

The proposed utility system for gas, surface water drainage, street lights, electrical power, water supply, and solid waste and sewage disposal facilities.

h)

Certification of approval of water supply system plans by the sanitary engineering division of the North Carolina state board of health, in case of systems to serve 25 people or more and/or 15 or more mobile homes. If three or more but less than 15 mobile homes are served, certification of the approval of the water supply system plans by the Halifax County health department.

i)

Certification of approval of sewage collection systems and treatment facilities plans by the North Carolina department of water and air resources. If individual septic tank systems are used or are proposed to be used, certification of the acceptability of the site for use of septic tank systems by the Halifax County health department.

j)

The collection and disposal of solid waste shall be approved by the Halifax County solid waste department, and the collection container shall be approved by the Halifax County solid waste department.

k)

Land contours with vertical intervals of not less than two feet for all mobile home parks with 25 mobile home spaces or more.

l)

The applicant shall provide six copies of the park plan whose size is a minimum of 18" x 24" and no larger than 24" x 36" in size.

m)

One park plan whose size has been reduced to 11" x 17" shall also be provided.

c.

Review of the proposed park plan: The enforcement officer shall transmit the proposed park plan to the secretary of the planning board for review at its next meeting.

1.

The Halifax County planning board shall review the following to determine if the proposed park plan is in accordance with the design standards set forth in this ordinance:

a)

Title information.

b)

Location map.

c)

Recreation areas.

d)

Street and lot design.

e)

Surface water drainage.

f)

Street lighting system.

g)

Other features of the park.

It is recommended that the park developer, or his agent, be present to answer questions concerning the proposed park plan.

2.

If the proposed park plan complies with standards set forth in 1404.02, the park plan shall be approved.

3.

If the planning board and/or the board of adjustment should disapprove of the proposed park plan, the reasons for such action and recommended changes shall be mailed to the park developer or his agent.

4.

After the planning board has approved the proposed park plan, one approved copy shall be sent to the enforcement officer and one approved copy shall be given to the developer or his agent. The developer or his agent shall then seek approval of the proposed park plan from the county health department and the county electrical inspector.

5.

The planning board may require that the street layout of the proposed park plan be approved by the district highway department.

6.

The county health department shall review the proposed park plan as approved by the county planning board. This department shall be responsible for the review of the following, to determine if the plan is in accordance with the minimum health standards and regulations:

a)

Source of water and water distribution system.

b)

Sanitary sewerage system.

c)

Adequate lot size, if septic tanks are to be used.

d)

Adequate facilities for solid waste storage, collection, and disposal.

7.

The county electrical inspector shall review the proposed park plan to determine if the proposed electrical system is adequate to serve the proposed park and complies with electrical codes adopted by Halifax County.

8.

Each agency shall review the plan within a reasonable time. Should any agency find deficiencies in the proposed park plan, the developer or his agent shall be notified by the agency to correct such deficiencies in the plan. Each agency shall notify the enforcement officer after reviewing the proposed park plan and shall give him a written statement of approval or disapproval. If disapproval, then the reasons therefor shall be stated.

d.

Issuance of construction permit and operating permit:

1.

After receiving approval of the park plan by the board of adjustment, the county health department, and the county electrical inspector, the enforcement officer is authorized to issue a construction permit. The intent of this permit is to enable the execution of the park plan in the field and shall not be construed to entitle the recipient to offer spaces for rent or lease, or to operate a mobile home park as defined in this ordinance.

2.

If the construction of the park has not begun within six months from issue date of the construction permit, the planning board may grant an extension of the construction permit if the developer appears before the planning board and shows cause.

3.

When the developer has completed the construction of the mobile home park, he shall apply to the enforcement officer for an operating permit. The enforcement officer, the electrical inspector, and a representative of the county health department shall make an onsite inspection of the park.

a)

If the plan conforms to the park plan approved by the planning board and other agencies, the enforcement officer shall issue the developer an operating permit.

b)

If the construction does not conform with the approved plan, the enforcement officer shall delay issuance of the operating permit until it comes into conformity.

4.

In no case shall the operating permit be issued for more than the minimum number of spaces required by this ordinance.

5.

The operating permit issued to the developer shall constitute authority to lease or rent spaces in the mobile home park.

6.

When a mobile home park is to be developed in stages, the proposed park plan may be submitted for the entire development, and application for an operating license may be made for each stage developed.

(Ord. of 6-7-82; Ord. of 2-6-95(3), § 1; Ord. of 2-6-95(4), § 1; Ord. of 2-6-95(5), § 1; Ord. of 2-6-95(6), § 1; Ord. of 2-6-95(7), § 1; Ord. of 2-6-95(8), § 1)

1404.02 Design standards. The following standards shall be considered the minimum requirements for all new mobile home parks.

a.

General requirements:

1.

Mobile homes shall not be sold within a mobile home park, except that an individual mobile home owner shall be allowed to sell the mobile home in which he resides, and except as set out in paragraph 8. below.

2.

The transfer of title of a mobile home space or spaces either by sale or by any other manner shall be prohibited within a mobile home park as long as the mobile home park is in operation. This does not prohibit the sale of the entire park operation from one owner to another owner.

3.

No living compartment or structure other than a "Florida Room," or other prefabricated structure specifically designed for mobile home use or extension shall be added to any mobile home parked within the jurisdiction of this ordinance.

4.

Mobile home park identification signs shall not exceed 50 square feet in area. Only indirect, nonflashing lighting shall be used for illumination.

5.

If required by the planning board and/or the board of adjustment, the owner of the proposed park shall provide a buffer strip between a mobile home park and the adjoining property.

6.

Within a mobile home park, one mobile home may be used as an administrative office.

7.

Convenience establishments of a commercial nature shall be limited to food stores, coin-operated laundries, beauty parlors, and barber shops. These may be permitted in mobile home parks subject to the following restrictions:

a)

Such establishments shall be subordinate to the residential use and character of the park;

b)

Such establishments shall present no visible evidence of their commercial character from any portion of any residential district outside the park; and

c)

Such establishments shall be designed to serve the trade and service needs of the park residents only.

8.

The owner or operator of a mobile home park shall not sell mobile homes on or within a mobile home park unless the mobile home unit for sale shall be placed individually and separately upon an existing mobile home space where all design standards and utilities have been completed as specified by this ordinance, and unless said mobile home is being occupied as a residence.

b.

Streets and parking:

1.

Each mobile home space shall be served with a minimum width easement of 30 feet.

2.

The minimum graded travelway width shall be 20 feet.

3.

Adequate drainage must be provided. The minimum pipe size permitted shall be 15 inches inside diameter. Drainage shall be sized to accommodate adequate flow of water.

4.

The area of right-of-way provided for travel shall either be stoned or paved. In the event that a stone surface is applied, it shall be "crusher run" or pit gravel compacted to a minimum of three inches. In locations where soil conditions require additional stone to obtain a stable road bed, the developer shall add the required amount of stone before obtaining final approval. In order for the developer to retain the conditional use permit, the park owner shall maintain the roads and streets in a smooth and stable condition year around.

5.

Two automobile parking spaces shall be provided adjacent to each mobile home space and shall not be located within any public right-of-way or within any street in the park.

6.

Shoulders and ditches shall be stabilized in accordance with an approved sedimentation and erosion control plan.

7.

A sign with the street name shall be placed where the private road joins the public right-of-way.

8.

A 30-foot radius turn-around shall be provided at the end of all private deadend roads.

9.

Minimum lot width at the right-of-way property line in the cul-de-sac shall be 35 feet measured as the cord from the front corner to front corner. The cul-de-sac radius shall not exceed the right-of-way width of the street.

c.

Mobile home space:

1.

All mobile homes shall be located on individual mobile home spaces, which have a minimum width of 75 feet. Spaces served by municipal water and sewer systems shall be at least 5,000 square feet of ground area. Spaces served by either municipal or a community sewer system but not served by a municipal or a community water system shall be at least 10,000 square feet of ground area. Spaces served by a municipal or a community water system but not served by a municipal or a community sewer system shall be at least 15,000 square feet of ground area per mobile home unit and shall be served by a septic tank which has a capacity of not less than 1,000 gallons and no more than one mobile home shall be served by such septic tank. Mobile home spaces served neither by a municipal or community water system nor a municipal or community sewer system shall be at least 20,000 square feet of ground area per mobile home unit. Anything herein to the contrary notwithstanding, all mobile home spaces serving doublewide or multiple-unit mobile homes shall have at least 15,000 square feet of ground area per mobile home unit. Mobile home spaces serving doublewide or multiple-unit mobile homes not served by municipal or community sewer systems shall be provided with a septic tank with not less than 1,000 gallon capacity and will serve only one doublewide or multiple-unit mobile home. Additional ground area may be required by the Halifax County health department for any mobile home spaces not served by a municipal or community water supply and a municipal or community sewer system if found necessary in order to facilitate installation of a safe and adequate water supply and sewage disposal facilities.

2.

Each mobile home space shall be clearly defined by means of concrete or iron pipe markers placed at all corners.

3.

Each mobile home space shall be located on ground not susceptible to flooding and graded so as to prevent any water from ponding or accumulating on the premises.

4.

Each mobile home shall be located at least 20 feet from any other mobile home, at least 20 feet from any building within the mobile home park, at least 20 feet from any property line, and at least 25 feet from the edge of the right-of-way of any street.

5.

Each mobile home park shall provide 400 square feet of recreation area for each mobile home space that is less than 10,000 square feet in area. However, no recreation area shall be less than 2,500 square feet.

6.

Each mobile home unit within a mobile home park shall be secured by adequate anchors and tiedowns, such as cast-in-place concrete "dead men" eyelets imbedded in concrete foundations or runways, screen augers, arrowhead anchors, or other devices securing the stability of the mobile home. Each mobile home unit shall comply with the above standards or with standards specified by the State of North Carolina, whichever are the higher standards. Each mobile home owner shall be responsible for securing his individual mobile home to anchors. It shall be the responsibility of the mobile home park owner or operator to enforce compliance with this paragraph.

7.

All mobile homes shall be underpinned before the certificate of occupancy is written by the Halifax County Electrical Inspector. The material for the underpinning shall be of an approved manufactured vinyl.

d.

Utility requirements:

1.

An accessible, adequate, safe, and palatable supply of water shall be provided in each mobile home park. Where a municipal water supply is available, connection shall be made thereto and its supply used exclusively. When a municipal water supply is not available and the park contains ten or more mobile home spaces, a community water supply shall be developed, and its supply used exclusively in accordance with the standards of the sanitary engineering division of the North Carolina state commission for health services. In mobile home parks with less than ten mobile home spaces the supply of water shall comply with the Halifax County water supply regulations.

2.

a)
Adequate and safe sewage disposal facilities shall be provided in all mobile home parks. Collection systems and sewage treatment plants complying with the requirements of the North Carolina department of environmental, health, and natural resources should be provided. Plans for sewage collection systems and treatment facilities shall be submitted to the North Carolina department of environment, health, and natural resources. Individual septic tank systems can be considered if soil, topography, and groundwater conditions are favorable. All septic tank sewage disposal systems shall be constructed in accordance with standards set forth in "the Laws and rules for sewage treatment and disposal systems of NCAC .1900."

b)
Each mobile home space shall be provided with at least a four-inch diameter sewer riser pipe where collection systems are provided. The sewer riser pipe shall be so located on each space that the sewer connection to the mobile home drain outlet will approximate a vertical position.

c)
A two feet by two feet concrete apron shall be installed around all sewer connection riser pipes for support and protection. The sewer connection shall be located a distance of at least 100 feet from the water supply.

d)
The sewer connection shall have a nominal inside diameter of at least four inches, and the slope of any portion thereof shall be at least one-fourth-inch per foot. The sewer connection shall consist of one pipeline only without any branch fittings. All joints shall be watertight including connection from trailer to sewer riser pipe.

e)
All material used for sewer connections shall be semirigid, corrosion resistant, nonabsorbent, and durable. The inner surface shall be smooth.

f)
Provision shall be made for plugging the sewer pipe when a mobile home does not occupy a space. Surface drainage shall be diverted away from the rise. The rim of the riser pipe shall extend at least four inches above ground elevation.

3.

a)
The storage, collection, and disposal of solid waste in the mobile home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or pollution.

b)
All solid waste containing garbage shall be stored in standard flytight, watertight, rodentproof containers, with a capacity not more than 32 gallons which shall be located not more than 150 feet from any mobile home lot. Containers shall be provided in sufficient number and capacity to properly store all solid waste containing garbage. The mobile home park management shall be responsible for the proper storage, collection, and disposal of solid waste.

c)
Containers shall be situated so as to prevent said containers from being tipped, in order that spillage and container deterioration may be minimized, and in order to facilitate cleaning around said containers.

d)
All solid waste containing garbage shall be collected at least two times weekly. Where suitable collection service is not available from municipal or private agencies, the mobile home park operator shall provide this service. All solid waste containing garbage shall be collected and transported in covered vehicles or covered containers.

e)
Where municipal or private disposal service is not available, the mobile home park operator shall dispose of the solid waste by transporting to a collection or disposal site approved by the Halifax County Solid Waste Director.

4.

a)
Grounds, buildings, and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the county health director.

b)
Parks shall be maintained free of accumulations of debris which may provide rodent harborage or breeding places for flies, mosquitoes, and other pests.

c)
Storage areas shall be so maintained as to prevent rodent harborage; lumber, pipe, and other building material shall be stored at least one foot above the ground.

d)
Where the potential for insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable materials.

e)
The growth of brush, weeds, and grass shall be controlled to prevent harborage of ticks, chiggers, and other noxious insects. Parks shall be so maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac, and other noxious weeds considered detrimental to health. Open areas shall be maintained free of heavy undergrowth of any description.

5.

All streets in the mobile home park shall be adequately illuminated from sunset until sunrise. The minimum size streetlight shall be a 175-watt mercury-vapor (approximately 7,000 lumen class), or such other light as will furnish an equivalent amount of candlepower, spaced at intervals of not more than 300 feet.

e.

Registration of occupants: Every mobile home park owner or operator shall maintain an accurate register containing a record of all occupants and owners of mobile homes in the park. The register shall be available for inspection at all times by authorized county representatives. The register shall contain the following information:

1.

Name of owner or occupant.

2.

Mobile home space number.

3.

Make, model and registration number of mobile home.

4.

Date when occupancy within the mobile home park begins and date when occupancy within the mobile home park ceases.

f.

Inspection:

1.

The Halifax County health department, the Halifax County electrical inspector, and/or the enforcement officer are hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this ordinance. It shall be the duty of the owners or occupants of mobile home parks to give these agencies free access to such premises at reasonable times for the purpose of inspection.

2.

The person to whom an operating permit for a mobile home park is issued shall operate the park in compliance with this ordinance and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.

3.

The park owner or operator shall notify park occupants of all applicable provisions of this ordinance and inform them of their duties and responsibilities under this ordinance.

(Ord. of 6-7-82; Ord. of 2-6-95(9), § 1; Ord. of 2-6-95(10), § 1; Ord. of 2-6-95(11), § 1; Ord. of 2-6-95(12), § 1; Ord. of 2-6-95(13), § 1; Ord. of 2-6-95(14), § 1; Ord. of 2-6-95(15), § 1)

1404.03 Administration.

a.

Existing mobile home parks: Mobile home parks existing at the time of the adoption of this ordinance shall not be allowed to expand or increase in any manner unless such expansion meets fully the requirements set forth in this ordinance.

b.

Variances:

1.

Where strict adherence to the provisions of this ordinance would cause an unnecessary hardship because of topographical or other conditions peculiar to the site, the Halifax County planning board may authorize a variance.

When granting an appeal for a variance of the requirements of this ordinance, the planning board shall find:

a)

That the issuance of such variance can be made without destroying the intent of the ordinance.

b)

That any unnecessary hardship or other condition is not the result of any actions of the one requesting such variance.

c)

That the issuance of such variance shall in no way supersede or violate any county ordinance or state law as they shall relate to the regulation of sewage disposal, water supply systems, solid waste storage, collection and disposal or any requirement of any building or electrical code which shall be in force by virtue of adoption by the County of Halifax.

2.

When granting such variance, the Halifax County planning board shall attach thereto such conditions regarding the location, operation, appearance, or other features of any proposed or existing mobile home park or any proposed or existing convenience establishment of a commercial nature which shall be permitted, as it deems advisable to protect the property values and residential environment of any adjoining property or properties.

3.

Any variance authorized by the Halifax County planning board shall be duly recorded in the minutes of such board meeting, and the reasoning which justified such variance shall be shown in full, and such shall be considered to be a matter of public record.

1405.01 Definition. As used in this section, "day care facility" means any day care center or child care arrangement that provides day care for more than five children unrelated to the operator and for which a payment, fee, or grant is received, excluding foster homes, public or private schools which provide a course of grade school instruction to children of public school age, summer camps, residence or day, or Bible schools.

1405.02 Requirements.

a.

Licensing [of day care facilities shall be] as required by North Carolina child day care commission as provided in G.S. 110-85 through 110-106.1, with a registration certificate with said child day care commission furnished the building inspector by the operator.

b.

Space:

1.

Interior: At least 25 square feet per child shall be provided, such space not including closets, passageways, kitchens or bathrooms.

2.

Exterior: At least 75 square feet per child of fenced usable play area, not to include parking areas, driveways, or land otherwise unusable.

3.

Parking: One parking space per adult employed at the facility.

4.

Loading: One offstreet loading space per six children, such space to be designed and located in such a way that children entering or exiting from the facility will not cross traffic lanes and autos will move in a forward motion only.

5.

Circulation: Adequate provision will be made so that the free movement of vehicles on adjacent streets will not be impeded by traffic generated by the day care facility.

(Ord. of 6-7-82)

One mobile home on a mobile home sales lot may be occupied by a security guard employed on the premises for security purposes. Such mobile home must conform to requirements in section 1404.02 c.1., 3., 4., and 6. and d.1., 2.a. and b.

1407.01 Purpose and intent. The intent of the planned unit development (PUD) regulations is to permit greater flexibility and, consequently, more creative and imaginative design for the development of residential areas than generally is possible under conventional zoning regulations. It is further intended to promote more economical and efficient use of the land while providing a harmonious variety of housing choices, a higher level of urban amenities, and preservation of natural scenic qualities of open space. For the purposes of this ordinance, a "planned unit development (PUD)" is defined as a land development project planned as an entity by means of a unitary site plan which permits flexibility in building siting, mixtures in housing types and land uses, usable open space, and the preservation of significant natural features.

1407.02 Area requirements, use and density regulations.

a.

Minimum area requirements:

1.

Residential planned unit developments containing 100 acres or less shall be composed of residential uses only.

2.

All other planned unit developments—those containing 100 acres or more may contain all uses permitted by subsection b. of this section.

b.

Regulation of uses:

1.

Permitted uses: Subject to subsection a of this section, a planned unit development may contain all uses permitted in the following districts: R-6 residential, R-8 residential, R-12 residential, RA residential-agricultural, O&I office and institutional, and planned shopping centers. All nonresidential uses shall be limited to ten percent of the total PUD acreage.

c.

Density limitations, bulk, building, separation, and open space requirements:

1.

Residential density: The maximum residential density shall be six dwelling units per gross residential acre. Subject to this limitation, development density shall be chosen prior to application for rezoning and shall be designated on the development plan and rezoning application.

2.

Bulk regulations: Development shall be in accordance with the following standards:

a)

Height—No building erected in any PUD shall exceed 50 feet in height.

b)

Distance from property line along the street—No building shall be erected, reconstructed, altered or moved nearer the property line along the street on which such building faces than 25 feet. In no case shall a building encroach upon a publicly maintained street, a proposed thoroughfare adopted by the county, or a private vehicular or pedestrian way owned in common ownership.

d.

Building separation: Within a PUD district, the required separation between buildings shall be determined by their heights. The minimum horizontal distance between the vertical projections of any points on two adjacent buildings shall be determined according to the following table. The vertical projections for each building shall be drawn from that point on each building which is horizontally closest to the other building.

e.

Distance related to windows: The minimum distance between the centers of facing windows of different dwelling units within a PUD project shall be 20 feet.

f.

Open space:

1.

In PUD projects, 20 percent or more of the gross acreage shall be reserved as open space.

2.

Size requirements:

a)

Any area or segment of an open space less than 80 feet in width cannot be calculated as usable open space unless it is clearly part of an overall open space system, such as a pedestrian walkway, in which case a minimum of 50 feet shall be permitted.

b)

Tract buffer areas may be included as part of the required open space if they conform with the minimum open space requirements in item a) above.

3.

Recreation space: A minimum of 25 percent of required reserved open space in a PUD shall be developed for active recreational purposes.

4.

Provisions for continuous maintenance of open space set aside in accordance with the above regulations shall be made by the developer either through proposed dedication to the county, if acceptable, or through proposed establishment of a private homeowners' association.

g.

Transitional use areas: In a PUD project, a residential use area shall be established along the boundaries of each PUD tract for a distance of not less than 50 feet extending inward from the tract boundary. The transitional uses permitted in the transitional area shall insure compatibility with surrounding development, as follows:

1.

The R-6, R-8, R-12, and RA designated residential zoning districts shall govern the permitted uses within the transitional use area for the same distance that each common boundary adjoins the PUD district. An open space buffer area shall be permitted.

2.

Where a PUD district adjoins an Office and Institutional, LI, or HI manufacturing district or HB, PSC, or NS business district, the only permitted transitional use shall be an open space buffer.

h.

Offstreet parking requirements:

1.

Residential parking: A minimum of two offstreet parking spaces shall be provided for each dwelling unit in a PUD.

2.

Nonresidential parking: Vehicular parking in nonresidential areas shall comply with article XVI of this ordinance.

1407.03 Requirements for development.

a.

Master land use plan: A master land use plan shall accompany each application for approval of a planned unit development, and it shall include but not be limited to the following:

1.

A description (legal) of the total site proposed for development including the names and addresses of adjacent property owners and present and proposed zoning of the site to be developed.

2.

Quantitative data for the following: parcel size, number and types of dwelling units, gross and net residential densities.

3.

Planned open space, parks, and active recreation areas to be preserved or developed in accordance with this ordinance.

4.

Planned organizational arrangements for providing for ownership, maintenance, and preservation of common open space.

5.

Plans for construction of water and sewage disposal systems to comply with county standards and the office of water and air resources, department of environment, health, and natural resources if they fall under the jurisdiction of that office.

6.

Plans for all underground utilities and lighting.

7.

Plans for an adequate storm drainage system to be constructed in accordance with county standards.

8.

Plans for the access of firefighting and refuse disposal such as compactors, dumpsters, etc.

9.

Planned primary and secondary traffic circulation patterns including an analysis of anticipated traffic volumes.

10.

The delineation of areas to be constructed in phases and the sequential order that will be followed in development including a written statement from the developer indicating the date for beginning each phase of construction and the estimated date of completion.

11.

Evidence that the Halifax board of county commissioners, the appropriate board of education, the Halifax soil and water conservation district, and the North Carolina department of transportation have been made aware of the proposed planned unit development and that the developer will coordinate his plans with these agencies.

b.

Detailed site plans and construction drawings: After approval of the master land use plan, the developer shall submit the following:

1.

A site plan showing proposed development of the tract shall be prepared in accordance with article XV of this ordinance.

2.

Copies of any covenants which create a homeowners' association for the maintenance of all areas and facilities in common ownership.

3.

Copies of any declarations to be recorded pursuant to the North Carolina Unit Ownership Act.

4.

The planning board may, when it deems advisable, require greater detail on any of the items enumerated in this section, requirements for development.

1407.04 Review process.

a.

Submitting the development plan:

1.

Five copies of the master land use plan for the tract to be rezoned shall be submitted along with petition for rezoning. All such petitions shall be submitted initially to the planning board ten days prior to the regular meeting.

2.

The planning board and the building inspector and zoning administrator shall review the master land use plan with their respective areas of responsibility for review as follows:

a)

Building inspector: The building inspector shall review the development plan to see if it complies with the state building code and all other building codes adopted by Halifax County.

b)

The planning board shall review the master land use plan to see if it is in accord with the specifications of this ordinance and other appropriate ordinances with regard to:

1)

Title information.

2)

Vicinity map.

3)

Dimensions and bearing of exterior property lines.

4)

Roads in the vicinity.

5)

Site acreage.

6)

Adjoining property owners.

7)

Site data.

8)

Units per acre.

9)

Source of water and water distribution system.

10)

Sanitary water drainage.

11)

Surface water drainage.

c)

Other agencies such as the fire department may be asked to review the master land use plan.

d)

The zoning administrator and the planning board shall each compile a report of their findings.

e)

The planning board shall convene a public hearing to consider the master land use plan and such public hearing shall be held jointly with the county commissioners.

f)

The planning board shall submit its recommendation to the county commissioners 30 days after approving such plan.

1407.05 Submitting the site plan and other documentation. Upon approval of the master land use plan and rezoning the developer shall submit a site plan to the zoning administrator in accordance with article XV of this ordinance which shall be in general conformity with the master land use plan. The developer shall submit final copies of all necessary covenants and declarations as provided in the subdivision regulations.

a.

The planning board and zoning administrator shall review the site plan for its conformity with the master land use plan and all covenants and declarations, and shall then forward a recommendation for approval or disapproval to the board of county commissioners.

b.

After action by the board of county commissioners, a copy of the site plan shall be returned to the applicant with notations thereon outlining any required changes.

c.

No permit for construction of any onsite or offsite improvements in a planned unit development shall be granted prior to final plan approval by the board of county commissioners.

Outdoor advertising signs shall be regulated as follows:

1408.01 Definition. A sign structure which directs attention at a business, commodity, service or entertainment not conducted, sold or offered upon the premises where such sign is located or to which it is attached shall be considered an outdoor advertising sign.

1408.02 Height. Not more than 30 feet high. Measured from edge of right-of-way or sign support, whichever is higher.

1408.03 Size. Maximum 400 square feet of billboard area.

1408.04 Spacing. Not less than 500 feet apart from another billboard only along the Interstate 95 corridor. No sign within 200 feet of a dwelling. All outdoor advertising signs shall be set back a minimum distance of five feet from any road right-of-way.

1408.05 Lighting. If lighted, lights shall be shielded and nonblinding.

1408.06 Maintenance. Signs must be kept in a sound structural condition and painted in a neat appearance.

1408.07 Permitted zones. HI heavy industrial district and HB highway business district only along the Interstate 95 corridor and as set forth in North Carolina Department of Transportation regulations.

(Amend. of 7-10-00, § 3.C.; Amend. of 2-3-03, §§ 2, 3, 4.A.)

The following regulations shall apply [to planned shopping centers]:

1409.01 Petitioner to prove need for amending the zoning map. The board of county commissioners and the planning board believe the current zoning map to be valid, and proof of a need for amending it to provide additional planned shopping centers shall be furnished by proponents of such a center. The county commissioners therefore shall require that before an amendment to the zoning map providing for any future PSC planned shopping center district is granted, that the owner or owners (or optionees) shall present, in nonreturnable written and graphic form, to the planning board, a valid market analysis indicating the economic feasibility of such proposed development by making the following determinations:

a.

Determination of the trade area of the proposed shopping center.

b.

Determination of the number of families or households which now and in the future will reside within the trading area.

c.

Determination of the proportion of total expendable family income within the trading area used for the purchase of retail merchandise and services.

d.

Determination of the proportion of total expendable family income normally spent on retail merchandise and services which can reasonably be expected to be spent at the proposed shopping center, in competition with other retail centers.

e.

Determination of the dollar volume of business which can be expected by each type of store within the proposed shopping center.

f.

Determination of the amount of retail floor space, by type of store, currently lacking in the trade area.

g.

Determination of the square feet of retail floor area which can be supported by the expected volume of business.

1409.02 Preliminary development plan required. The owner or owners (or optionees) of a proposed or existing planned shopping center district shall prepare and submit a preliminary development plan to the planning board for inspection and review prior to any development. Such preliminary development plan shall be submitted in duplicate nonreturnable copies drawn to a scale no smaller than one inch equals 100 feet and shall include but not be limited to the following information:

a.

A plat showing the limits of the area zoned or proposed to be zoned and sufficient extra area to provide ease of orientation. If the area proposed to be rezoned or developed is in an unplatted area, the plat shall include the legal description of the boundaries of the property proposed to be included in the area to be zoned or developed as a planned shopping center.

b.

Topography with contour intervals not greater than two feet.

c.

Sufficient proposed control grades to interpret the intent of the developer.

d.

The proposed offstreet parking area, loading and unloading areas, parking stalls, traffic channelization, driveways, curb cuts, pedestrian ways and other such information necessary to interpret the traffic circulation and parking plans including a notation of the number of parking spaces required and proposed.

e.

Proposed location, height and orientation of all signs other than signs flat on or attached to building facades.

f.

Proposed location, height and orientation of all outdoor lighting.

g.

Proposed malls, buffers, planting strips, fences and other landscape features.

h.

An indication of stages which will be followed in development.

i.

A title giving the names of the owner or owners (or optionees) the date, the scale, with orientation and the person or firm preparing the plan.

1409.03 Statement of intent. At the time of submission of the preliminary development plan, the owner or owners (or optionees) of a planned shopping center shall submit a statement indicating readiness to proceed with the proposed development by filing with the planning board an agreement signed by the proponents of the proposed development that construction will begin within one year from the date of approval of the plan and granting of the rezoning, if such is the case, and that it will be prosecuted to completion within a reasonable period of time.

In the event the planning board or county commissioners find that the intent of this section has not been met or construction not begun within one year, the approval of the development plan will automatically become null and void and proceeding may be instigated for rezoning the area in accordance with the provisions of this ordinance. It is not the intent of this section to prohibit an extension of up to one year of the one-year limit.

1409.04 Final development plan. Upon approval of a petition for a PSC planned shopping center district or the approval of a preliminary development plan in the case of a currently zoned area, the owner or owners (or optionees) shall submit a final development plan to the planning board for review as to compliance with the approved preliminary plan. The final development plan may be submitted separately for the first and each successive stage of development. In the course of the preliminary development plan proceeding, the planning board shall inform the proponents of the form in which the final development plan should be submitted. No certificate of zoning compliance map shall be issued for any construction of a PSC planned shopping center district until a final development plan is approved by the planning board, nor shall a certificate of zoning compliance be issued for any building not shown on the final development plan.

1409.05 Permitted uses. As listed and regulated in article XIII, section 1311, NSD neighborhood shopping district.

1409.06 Dimensional requirements.

a.

Site area: No planned shopping center district site shall contain less than the two acres. For purposes of calculating the minimum dimensional and other requirements of this section a single PSC planned shopping center district shall not extend across a public street or alley and shall be contiguous in all parts.

b.

Required yards: No building shall be less than 50 feet distance from any street line or 20 feet from any side or rear lot lines.

c.

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

d.

Maximum permissible lot coverage: The total ground area covered by the principal buildings and all accessory buildings including any roofed area shall not exceed 30 percent of the total site area.

1409.07 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.

1409.08 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 grades of the streets, such grades being measured along the above cited 80-foot portions.

1409.09 Offstreet parking. As required in article XVI.

1409.10 Offstreet loading and unloading. As required in article XVI.

1410.01 Permit required. No sign shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without a zoning permit except those signs excepted in subsection 1410.02 which follows and without being in conformity with the provisions of this ordinance. Each sign shall also meet all the structural requirements of the building code.

1410.02 Signs excepted. All signs are prohibited in all residential, planned unit development residential areas and office and institutional districts except the following:

a.

Signs over show windows or doors of a nonconforming business establishment announcing only the name and occupation of the proprietor and not to exceed two feet in height and ten feet in length.

b.

Real estate signs not to exceed eight square feet in area which advertise the sale, rental, or lease of the premises upon which said signs are temporarily located.

c.

Name, occupation, and warning signs not to exceed two square feet located on the premises.

d.

Bulletin boards/identification signs for public, charitable or religious institutions not to exceed one per parcel and 45 square feet in area located on the premises. Sign shall be setback a minimum of two feet from all street right-of-way lines and property lines.

e.

Memorial signs, tablets, names of buildings, and date of erection when cut into any masonry surface or when constructed of metal and affixed flat against a structure.

f.

Official signs, such as traffic control, parking restrictions, information, and notices and historical markers.

g.

Temporary signs or banners when authorized by the board of adjustment.

h.

Ground or freestanding signs in residential/agriculture districts for a business established and approved with a conditional use permit shall not exceed one per parcel and 50 square feet in area. Sign shall be setback a minimum of two feet from all street right-of-way lines and property lines.

i.

Residential subdivision entrance signs. At any entrance to a subdivision or multifamily development, there may be not more than two signs identifying such subdivision or development. A single side of any such sign may not exceed 32 square feet, nor may the total surface area of all such signs located at a single entrance exceed 64 square feet. Sign shall be setback a minimum of two feet from all street right-of-way lines and property lines and shall not exceed an overall height of 15 feet.

j.

Commercial/industrial subdivision signs. Entrance pylon signs to include tenant identification to a commercial or industrial subdivision may have a maximum single face size of 50 square feet for subdivisions of five acres in size or less. The sign surface area may be increased five additional square feet in area for each additional acre or fraction thereof over five acres. One sign may be installed at each main entrance. Subdivisions greater than 25 acres in size may have one additional sign placed within the subdivision or another entrance. Signs shall be setback a minimum of two feet from all street right-of-way lines and property lines and shall not exceed an overall height of 25 feet.

1410.03 Signs permitted. Signs are permitted in HB, PSC, and NS districts, HI and LI industrial districts subject to the following restrictions:

a.

Wall signs placed against the exterior walls of buildings shall not extend more than six inches beyond a building's wall surface, not more than 25 percent of solid wall space and shall not exceed 500 square feet in area for any one premises, and shall not extend beyond the top of the building on which it is located.

b.

Projecting signs fastened to, suspended from, or supported by structures shall not exceed 100 square feet in area for any one premises; shall not extend more than six feet into any required yard; shall not extend more than three feet into any public right-of-way; shall not be less than ten feet from all side lot lines; shall not exceed a height of 20 feet above the mean centerline street grade; and shall not be less than ten feet above the sidewalk nor less than 15 feet above a driveway or an alley.

c.

Freestanding signs, not exceeding one per parcel, shall not exceed 45 feet in height above the centerline street grade, shall be setback a minimum of two feet from all street right-of-way lines and property lines and shall not exceed 150 square feet on one side or 300 square feet on all sides for any one premise[s].

d.

Painted wall and roof signs shall follow the size and location requirements of other wall signs (except for horizontal signs related to air traffic) and shall be limited to advertising the primary use only of the building on which they are located.

e.

Window signs shall be placed only on the inside of commercial buildings and shall not exceed 25 percent of the glass area of the pane upon which the sign is displayed.

f.

Combinations of any of the above signs shall meet all the requirements for the individual sign.

g.

Except as authorized by this section, no development may have more than one freestanding sign, unless:

1.

A development is located on a corner lot that has at least 200 feet of frontage on each of the two intersecting public roads, then the development may have not more than one freestanding sign along each side of the development bordered by such roads.

2.

A development is located on a lot having a single public road frontage of at least 200 feet, a second sign may be permitted. The second sign, if permitted, shall not exceed 50 percent of the surface area permitted for a primary sign in its respective district with an overall height not to exceed 20 feet. The secondary sign must be located a minimum of 75 feet from the primary sign.

1410.04 Facing. No sign except those permitted in 1410.02 above shall be permitted to face a residential, office and institutional or planned unit development residential area within 100 feet of such district boundary.

1410.05 Traffic. Signs shall not resemble, imitate, or approximate the shape, size, form, or color of railroad or traffic signs, signals, or devices. Signs shall not obstruct nor interfere with the effectiveness of railroad or traffic signs, signals, or devices. No sign shall be erected, relocated, or maintained so as to prevent free ingress to or egress from any door, window, or fire escape; and no sign shall be attached to a standpipe or fire escape. No sign shall be placed so as to obstruct or interfere with traffic visibility.

1410.06 Existing signs. Signs lawfully existing at the time of the adoption of this ordinance may be continued although the use, size, or location does not conform with the provisions of this ordinance. However, it shall be deemed a nonconforming use or structure, and the provisions of article IV shall apply.

1410.07 Maintenance. Signs must be kept in sound structural condition and painted to give a neat appearance.

(Amend. of 11-7-05)

1411.01 Purpose. The airport height overlay district (AHO) is established as an overlay district of all general zoning districts in Halifax County in the vicinity of the Halifax-Northampton Regional Airport. The purpose of the AHO is to protect the airport environs from encroachment of incompatible land uses that present hazards to users of the airport as well as to persons residing or working in the airport vicinity. The additional regulations imposed in the AHO are designed to place additional height restrictions on buildings, structures and trees. The airport height overlay (AHO) district is not intended to be utilized as a district classification, but as a designation that identifies areas subject to regulations which are supplementary to the existing regulations of the district to which the designation is attached, appended or "overlaid". Regulations that apply to areas designated on the zoning map as being within such appended or overlaid designation must be determined by joint reference to the regulations of both the basic district classification and the appended or overlay classification.

1411.02 Authority. The provisions of this ordinance are adopted by the Halifax County Board of Commissioners pursuant to the authority conferred by the General Assembly of the State of North Carolina, in Chapter 63, Article 30 —37.1. It is hereby found that an obstruction has the potential for endangering the lives and property of users of Halifax-Northampton Regional Airport, and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of the Halifax-Northampton Regional Airport; and that an obstruction may reduce the size of areas available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of the Halifax-Northampton Regional Airport and the public investment therein. Accordingly, it is declared:

a.

That the creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by Halifax-Northampton Regional Airport;

b.

That it is necessary in the interest of the public health, public safety, and the general welfare of Halifax County that the creation or establishment of obstructions that are a hazard to air navigation be prevented; and

c.

That the prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.

It is further declared that the prevention of the creation or establishment of hazards to air navigation, the elimination, removal, alteration or mitigation of hazards to air navigation, or the marking and lighting of obstructions are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land.

1411.03 Definitions. As used in this ordinance, unless the context otherwise requires:

Airport refers to Halifax-Northampton Regional Airport.

Airport elevation. The highest point of an airport's usable landing area measured in feet from sea level. The Halifax-Northampton Regional Airport elevation equals 145 feet MSL.

Approach surface. A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in section 1411.04 of the airport height overlay district.

Approach, transitional, horizontal, and conical zones. These zones are set forth in section 1411.04 of this ordinance.

Board of adjustment. The Halifax County Zoning Board of Adjustment will serve as the board of adjustment for the Halifax-Northampton Regional Airport.

Conical surface. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet.

Hazard to air navigation. An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

Height. For the purpose of determining the height limits in all zones set forth in this ordinance and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

Horizontal surface. A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

Larger than utility runway. A runway that is constructed for and intended to be used by propeller driven aircraft of greater than 12,500 pounds maximum gross weight and jet powered aircraft.

MSL. Mean sea level.

Nonconforming use. Any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this ordinance or an amendment thereto.

Obstruction. Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in section 1411.04 of this ordinance.

Person. An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity; includes a trustee, a receiver, an assignee, or a similar representative or any of them.

Precision instrument runway. A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.

Primary surface. A surface longitudinally centered on a runway. The primary surface extends 200 feet beyond each end of that runway. The width of the primary surface is 1,000 feet. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

Runway. A defined area on an airport prepared for landing and take-off of aircraft along its length.

Structure. An object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines.

Transitional surfaces. These surfaces extend outward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90 degree angles to the extended runway centerline.

Tree. Any object of natural growth.

1411.04 Airport zones. In order to carry out the provisions of this ordinance, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the airport. Except as otherwise noted in this section, no structure shall be erected, altered or maintained, and no trees shall be allowed to grow in any zone created by this section to a height in excess of the applicable height limitations herein established for each zone in question. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:

A.

Approach zone—AHO-A: The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

B.

Transitional zones—AHO-T: The transitional zones are the areas beneath the transitional surfaces.

C.

Horizontal zone—AHO-H: The horizontal zone is established by swinging arcs of 10,000 feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zone.

D.

Conical zone—AHO-C: The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.

1411.05 Airport zone height limitations. Except as otherwise provided in this section, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this section to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:

A.

Approach zone—AHO-A: Slopes 50 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline; thence slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline.

B.

Horizontal zone—AHO-H: Established at 150 feet above the airport elevation or at a height of 295 feet above mean sea level.

C.

Conical zone—AHO-C: Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.

D.

Excepted height limitations: Nothing in this section shall be construed as prohibiting the construction or maintenance of any structure, of growth of any tree to a height to 100 feet above the surface of the land.

1411.06 Use restrictions. Notwithstanding any other provisions of this section, no use may be made of land or water within any zone established by this section in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport light and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

1411.07 Nonconforming uses.

A.

Regulations not retroactive. Regulations prescribed by this section shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this section, or otherwise interfere with the continuance of a nonconforming use. Nothing contained herein shall require any change in the construction, alteration or intended use of any structure; the construction or alteration of which was begun prior to the effective date of this section.

B.

Markings and lighting. Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Halifax-Northampton Regional Airport Authority to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstructions. Such markers and lights shall be installed, operated and maintained at the expense of the Halifax-Northampton Regional Airport Authority.

1411.08 Issuance of airport zoning permit. The director of planning and development shall not issue a airport zoning permit within an AHO-A, AHO-T, AHO-H, or AHO-C area until it has been determined that the proposal upon which he is requested is in compliance with the terms of these regulations.

A.

Future uses: Except as specifically provided in [subsections] (1), (2) and (3) hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, no trees shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient information to determine whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this section shall be granted unless a variance has been approved in accordance with [section] 1411.07 subsection (D).

(1)

In the area lying within the limits of the horizontal zone and conical zone, no airport zoning permit shall be required for any tree or structure less than 100 feet of vertical height above the ground except when because of terrain, land contour or topographic features, such tree or structure would extend above the height limits prescribed for such zones.

(2)

In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 5,200 feet from each end of the runway, no airport zoning permit shall be required for any tree or structure less than 100 feet of vertical height above ground except when because of terrain, land contour or topographic features, such tree or structure would extend above the height limits prescribed for such zones.

(3)

In the areas lying within the limits of the transition zones, no airport zoning permit shall be required for any tree or structure less than 100 feet above the ground, except when such tree or structure because of terrain, land contour or topographic features, such tree or structure would extend above the height limits prescribed for such zones.

(4)

Amateur radio operators must comply with Part 97 of FCC regulations.

Nothing contained in any of the foregoing exceptions, shall be construed as permitting or intending to permit any construction, alteration of any structure or growth of any tree in excess of any height limits established by this Section.

B.

Existing uses: No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of this section, or any amendments thereto, or than it is when the application for permit was made.

C.

Nonconforming uses abandoned or destroyed: Whenever the director of planning and development determines that a nonconforming tree or structure has been abandoned or more than 80 percent torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.

D.

Variances: Any person desiring to erect or increase the height of any structure, or permit any growth of any tree, or use property not in compliance with the regulations prescribed in this section may apply to the board of adjustment for a variance in accordance with the provisions of section 701.04. The application for a variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed when substantial evidence in the official record of the application supports all of the following findings:

(1)

That a literal application or enforcement of the regulations will result in unnecessary hardship.

(2)

That the alleged hardships and practical difficulties, which will result from the failure to grant the variance, extend to the inability to use the land in question for any use in conformity with the provision of this section and include substantially more than mere inconvenience and inability to attain a higher financial return.

(3)

That will not create a hazard to air navigation.

(4)

That the variance is in harmony with and serves the general intent and purpose of this section.

(5)

That allowing the variance will result in substantial justice being done, considering both the public benefits intended to be secured by this section and the individual hardships that will be suffered by a failure of the board to grant a variance.

Additionally, no application for variances to the requirements of this section may be considered by the board of adjustment unless a copy of this application has been furnished to the airport authority for advise as to the aeronautical effects of the variance. If the airport authority does not respond to the application within 15 days after receipt, the board of adjustment may act on its own to grant or deny said application.

E.

Obstruction markings and lighting: Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this section and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the board of adjustment, this condition may be modified to require the owner to permit the Halifax-Northampton Regional Airport Authority, at its own expense, to install, operate and maintain the necessary markings and lights.

1411.09 Enforcement. It shall be the duty of the director of planning and development to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the director of planning and development upon a form published for that purpose. Applications required by this section shall be promptly considered and granted or denied.

1411.10 Penalties. Violation of this section shall be a Class 3 misdemeanor as provided by G.S. 63-35. This section may be enforced by injunctive and order of abatement, and all other appropriate remedies to insure compliance with this section as provided in G.S. 63-35. Each day's continuing violation shall be considered a separate and distinct offense as provided in G.S. 63-35.

1411.11 Conflicting regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this section and any other regulations applicable to the same area, whether the conflict be with respect to height of structures or trees, and the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.

1411.12 Severability. If any of the provisions of this section or the application thereof to any person or circumstances are held invalid, such invalidity shall not affect other provisions or applications of the section which can be given effect without the invalid provision or application, and to this end, the provisions of this are declared to be severable.

(Ord. of 6-7-99)

1412.01 Signs permitted. Hi-rise interstate signs may be located only in the HB—Highway Business district subject to the following restrictions:

a.

A single side of a hi-rise interstate sign may not exceed 400 square feet in surface area. However, in no case may the total surface area of three- dimensional and multi-sided signs exceed 800 square feet in surface area.

b.

A hi-rise interstate sign may be located within 2,000 feet of interstate I-95 exit ramp's outer intersection with a state road (US, NC or SR) or within 600 feet of any other interstate right-of-way line. This type and dimension sign shall be allowed for businesses or developments determined to be interstate related only, as determined by the planning director.

c.

Hi-rise interstate signs shall observe a setback requirement of 20 feet from all interstate right-of-way, road/street right-of-way or lot boundary lines.

d.

The maximum height of a hi-rise interstate sign shall not exceed 80 feet measured from the average finished grade at the sign or the mean centerline street grade to the top of the sign. The minimum height to the bottom of the sign shall be 45 feet above grade.

e.

No hi-rise interstate sign may be located within 200 feet of a residence within the same block or on the same side of the street.

f.

Hi-rise interstate signs shall be supported solely by a steel monopole.

g.

Except as authorized by this section, no business or development may have more than one hi-rise interstate sign on a parcel of land. All hi-rise interstate signs shall be constructed on the parcel on which the business and/or development is located.

1412.02 Sign exceptions.

a.

Due to the unusual character and topography of lands where these signs may be located, it is not prudent to establish inflexible application of subsection (a) and d. above concerning area requirements and height for such signs. Therefore, the permit issuing authority may permit deviations from the presumptive requirements of this section and may allow deviations that allow a larger or higher sign, whenever it finds such deviations are more likely to satisfy the standard set forth in this section.

b.

Without limiting the generality of subsection a., the permit-issuing authority may modify the presumptive sign requirements for interstate related businesses or developments if:

1.

There exists a significant difference in grade separation between the property on which the sign is to be located and the adjacent Interstate highway;

2.

There is significant screening of property on which the sign is to be located caused by its close proximity to an interchange overpass;

3.

There are any particular unusual features unique to the parcel of land on which the sign is to be located itself;

4.

There are any existing features unique to adjoining properties which adversely affect a parcel of land on which the sign is to be located.

c.

Whenever the permit-issuing authority allows a deviation from the presumptive requirements set forth in this section, it shall enter on the face of the permit the requirements that must be met and the reasons for allowing the deviation.

(Amend. of 11-7-05)

1413.01. Electronic gaming operations defined. Electronic gaming operations are business enterprises, whether principal or accessory, where persons utilize electronic machines, including, but not limited to, computers and gaming terminals to conduct games of skill, odds or chance, including sweepstakes entries, and where cash, coupons, gift cards, internet access time, merchandise or other items of value are redeemed or otherwise distributed, whether or not the value of such items is determined by skill on electronic games played or by predetermined odds, and regardless of whether the business operation does not violate any provision of G.S. ch. 14, art. 37, pt. 1 or any other state or federal law. Electronic gaming operations do not include operations associated with the official North Carolina Education Lottery.

1413.02. Hours of operation. The business shall operate only between the hours of 8:00 a.m. and 10:00 p.m., unless the business is located 150 percent or more of the setback distances set forth in subsection 1413.02, in which case the hours of operation may be extended until 12:00 a.m. (midnight).

1413.03. Location. The business shall not be located closer than:

a.

One thousand feet from any building used as a dwelling (residence).

b.

Two thousand feet from any church, day care facility, school, playground, park, library, movie theatre.

c.

Two thousand feet from any existing electronic gaming operation, tattoo and body piercing establishment or adult and sexually oriented business.

d.

Measurement of distance shall be in a straight line from the closest point of the building at which the business is located to closest point of the building being protected by the applicable setback.

1413.04. [Alcoholic beverages prohibited.] No alcoholic beverages shall be sold or consumed on the premises (buildings or grounds).

1413.05. Parking. There shall be one and one-half parking spaces for each electronic gaming machine plus one for each employee on the shift of greatest employment.

1413.06. Loitering prohibited. There shall be no loitering on the premises (buildings or grounds) after business hours.

1413.07. Minimum requirements; no presumption of general compatibility, etc. The requirements set forth in this section 1413 as to hours of operation, location and parking are intended to be minimum requirements. Meeting the minimum requirements in this section 1413 shall raise no presumption of general compatibility or compliance with any of the other specific standards set forth in article VII, subsection 701.03 for the approval of a conditional use permit. The board of adjustment shall have full authority to impose requirements more stringent than those set forth in this section 1413 if more stringent requirements are supported by competent evidence received by the board of adjustment during the conditional use permit hearing.

(Res. of 7-10-17(1), § 5)