The board of county commissioners may, on its own motion or upon petition by any person within the zoning jurisdiction of Halifax County after public notice and hearing, amend, supplement, change, modify or repeal the regulations herein established or the maps which are a part of this ordinance subject to the rules prescribed in this section.

No regulation or map shall be amended, supplemented, changed, modified, or repealed until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. A notice of such public hearing shall be given once a week for two successive calendar weeks in a newspaper of general circulation in Halifax County, said notice to be published the first time not less than ten days nor more than 25 days prior to the date fixed for such public hearing.

In case of a protest against an amendment, supplement, change, modification or repeal signed by the owners of 20 percent or more either of the area of the lots included in such proposed change, or of those immediately adjacent thereto either in the rear thereof or on either side thereof, extending 100 feet therefrom, or of those directly opposite thereto extending 100 feet from the street frontage of such opposite lots, such amendment shall not become effective except by favorable vote of four-fifths of all the members of the board of county commissioners.

Every proposed amendment, supplement, change, modification, or repeal to this ordinance shall follow the administrative procedure set forth below:

902.01 The applicant shall submit three copies of his proposal to the secretary or chairman of the Halifax County planning board.

902.02 The Halifax County planning board shall meet to consider the proposal.

902.03 Within 30 days after the above meeting, the planning board shall forward one copy of the proposal to the Halifax County board of commissioners along with their recommendation, and shall also return one copy of the proposal to the applicant with a copy of their recommendation to the Halifax County board of commissioners.

902.04 Subsequent to receipt of the recommendations of the planning board or the failure of the planning board to make its recommendations within 30 days after its meetings

this applicant may request the county board of commissioners to hold a public hearing on the proposed amendment and to provide due public notice as required by law.

902.05 The county board of commissioners shall hold a public hearing to consider the proposal. Such public hearing may be adjourned from time to time or from place to place as the county board of commissioners may deem advisable without further notice.

902.06 After the completion of said public hearing and after consideration of the recommendations of the planning board submitted prior to the public hearing (and such revisions of those recommendations that the planning board may wish to make after the public hearing), the county board of commissioners shall take such lawful action as it may deem advisable.

Nothing herein contained shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which a building permit has been granted by the zoning administrator prior to the time of passage of this ordinance; provided, however, that where construction is not begun under such outstanding permit within a period of 180 days subsequent to the passage of this ordinance or where it has not been prosecuted to completion within 18 months subsequent to passage of this ordinance, any further construction or use shall be in conformity with the provisions of this ordinance.

Cross reference— Buildings and building regulations, ch. 22.

This ordinance in part carries forward by reenactment some of the provisions of the Lake Gaston Area Zoning Ordinance enacted in 1963 and the Mobile Home Park Regulations for Halifax County as revised in 1973, and it is not the intention to repeal but rather to reenact and continue in force without interruption such existing provisions, so that all rights and liabilities that have accrued thereunder are preserved and may be enforced. The enactment of this ordinance shall not affect any action, suit, or proceeding instituted or pending. All provisions of the Lake Gaston Area Zoning Ordinance enacted in 1963 and the Mobile Home Park Regulations for Halifax County as revised in 1973 which are not reenacted herein are hereby repealed.

In interpreting and applying the provisions of this ordinance the regulations shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, prosperity, and general welfare. It is not intended by this ordinance to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; provided, however, that where this ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, or by easements, covenants, or agreements, the provisions of this ordinance shall govern.

If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The board of county commissioners hereby declares that it would have passed this ordinance and each section, subsection, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.

Any person, firm, or corporation who violates the provisions of this ordinance shall, upon conviction, be guilty of a misdemeanor and shall be fined not exceeding $50.00 a day and/or imprisoned not exceeding 30 days. That, in addition to or in lieu of the misdemeanor criminal charge listed above, the county may also initiate a civil action to enforce the provisions of this ordinance and the violator will be held responsible for any and all fees associated with attorney costs or services in connection with the enforcement of this ordinance.

(Amend. of 2-2-04, § 5(B.)

This ordinance, adopted November 22, 1978, shall take effect and be in force from and after November 22, 1978.