§ 1001. Definitions.

For the purpose of this ordinance the following words shall have the meaning indicated. Words used in the present tense include the future; the singular number includes the plural and the plural includes the singular.

1001.01 Accessory use or structure. A use or structure customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.

1001.02 Accommodation. A part of a building consisting of a room or rooms intended, designed, or used as a residence by an individual or a single family.

1001.03 Administrative officer. The official charged with the enforcement of the zoning ordinance.

1001.04 Alley. A public way which affords only a secondary means of access to abutting property and not intended for general traffic circulation.

1001.05 Apartment. (Same as accommodation.)

1001.06 Apartment, garage. A part of a garage consisting of a room or rooms intended, designed, or used as a residence by an individual or a single family.

1001.07 Billboard. An outdoor structure or display, pictorial or otherwise, which advertises or directs attention to a business commodity, service, or other activity conducted or offered elsewhere than on the premises on which said sign is located.

1001.08 Bona fide farm. All land of ten acres or more or less than ten acres when combined with another tract under the same ownership on which agricultural operations are conducted, to include woodland and timberland, cultivation of crops, and the husbandry of livestock, plus the owner's residence and any dwelling units or accessory buildings being used in the farm operation.

1001.09 Buffer strip. A buffer strip shall consist of a strip composed of a combination of fencing and evergreen trees or solely of evergreen trees spaced not more than 20 feet apart and not less than one row of dense shrubs shall be spaced not more than five feet apart which shall not be less than five feet in height. In all cases such plant strips shall be at least ten feet in width.

(Ord. of 6-7-82)

1001.10 Building. Any structure having a roof supported by columns or by walls and intended for shelter, housing, or enclosure of persons, animals, or chattels. The connection of two buildings by means of an open porch, breezeway, passageway, carport or other such open structure, with or without a roof, shall not be deemed to make them one building.

1001.11 Building, accessory. A detached building subordinate to the main building on a lot and used for purposes customarily incidental to the main or principal building and located on the same lot therewith.

1001.12 Building, principal. A building in which is conducted the principal use of the lot on which said building is located.

1001.13 Building setback line. A line establishing the minimum allowable distance between the nearest portion of any building, excluding the outermost three feet of any uncovered porches, steps, eaves, gutters, and similar fixtures and the right-of-way of any street when measured perpendicularly thereto. When establishing the setback line on the front of the property, the setback line is determined by measuring from the dedicated right-of-way of the street or road. If no recorded right-of-way exist[s] for a public street or road, the minimum setback distance shall be 70 feet from the center of the road or street.

(Ord. of 2-3-86)

1001.14 Community water system. A public water supply that serves a community that is not an incorporated municipality. This includes unincorporated communities, subdivisions, and/or mobile home parks having ten or more connections.

1001.15 Community sewer system. A community sewer system shall mean any sewerage system serving ten or more customers.

1001.16 Camp. The term "camp" shall include those organized camp establishments which provide food or lodging accommodations of tents or cabins for groups of children or adults engaged in organized recreational or educational programs. The term "camp" shall include but shall not be limited to camps with special program emphasis such as horseback riding, conservation, music, and sports. The term "camp" shall not include trailer or mobile home courts, migrant labor camps, travel trailer parks, and so on.

1001.17 Conditional use. A use that would not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use and would not be detrimental to the public welfare or injurious to property or public improvements in the neighborhood. Such uses may be permitted in a zoning district as "conditional uses" if specific provision for such "conditional uses" is made in the zoning ordinance. "Conditional uses" and their accessory uses may be permitted in specified districts after review, public hearing, and approval by the board of adjustment in accordance with procedures and standards established in article VII of this ordinance. The board of adjustment, on advice and recommendation of the planning board, may issue a "conditional use" permit.

1001.18 Construction permit. A permit issued by the zoning administrator authorizing the mobile home park developer to construct a mobile home park in accordance with a park plan approved by the Halifax County planning board, the Halifax County health department, and the Halifax County electrical inspector.

1001.19 Day care facility. 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 day or residence camps, or Bible schools.

1001.20 Dwelling unit. A building or portion thereof providing complete and permanent living facilities for one family.

1001.21 Dwelling, single-family. A building arranged or designed to be occupied by at least one family.

1001.22 Dwelling, two-family. A building or portion thereof used or designed as a residence for two families living independently of each other and doing their own cooking therein.

1001.23 Dwelling, multifamily. A building or portion thereof used or designed as a residence for three or more families living independently of each other and doing their [own] cooking therein, including apartments, apartment hotels, and group houses.

1001.24 Easement. A grant by a property owner of a strip of land for specified purpose and use by the public, a corporation or individuals.

1001.25 Family. One or more individuals occupying a premises and living as a single nonprofit housekeeping unit including domestic servants, provided that a group of five or more persons who are not related by blood or marriage shall not be deemed to constitute a family.

1001.26 Gross floor area. The total number of square feet within a building or devoted to a particular use, including the space occupied by such supporting facilities as storage areas, work areas, toilets, mechanical equipment, and the like.

1001.27 Group development. A group of two or more principal structures built on a single lot, tract or parcel of land not subdivided into the customary streets and lots and which may not be subdivided, and designed for occupancy by separate families, businesses or other enterprises. Examples would be: cluster-type subdivisions, school and hospital campuses, shopping centers, and industrial parks.

1001.28 Home occupation. An occupation conducted in a dwelling unit provided that:

(1)

Only one person other than members of the family residing on the premises shall be engaged in such occupation;

(2)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation.

(3)

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding four square feet in area, non-illuminated, and mounted flat against the wall of the principal building;

(4)

No home occupation shall be conducted in any accessory building unless granted a conditional use permit by the board of adjustment;

(5)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street/road right-of-way and shall be limited to the side and rear yard.

(6)

If equipment or processes shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot and would be considered offensive to adjoining land owners; the board of adjustment may place conditions on their approval that would increase the distance from the home occupation and the adjoining property and/or require that a suitable buffer barrier be placed between the home occupation and the adjoining properties. The applicant of said home occupation would be required to provide these conditions.

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

1001.29 Lot. A parcel of land in single ownership occupied or intended for occupancy by a principal building together with its accessory buildings including the open space required under this ordinance. For the purpose of this ordinance, the word "lot" shall mean any number of contiguous lots or portions thereof upon which one principal building and its accessory buildings are located or are intended to be located.

1001.30 Lot, corner. A lot which occupies the interior angle at the intersection of two street lines which make an angle of more than 45 degrees and less than 135 degrees with each other. The street line forming the least frontage shall be deemed the front of the lot except where the two street lines are equal, in which case the owner shall be required to specify same when requesting a building permit.

1001.31 Lot depth. The mean horizontal distance between front and rear lot lines.

1001.32 Lot of record. A lot which is a part of a subdivision, a plat of which has been recorded in the office of the register of deeds of Halifax County or a lot described by metes and bounds, the description of which has been so recorded.

1001.33 Lot width. The distance between side lot lines measured at the building setback line.

1001.34 Mobile home. A detached residential dwelling unit designed for transportation after fabrication on its own wheels and arriving at the site where it is to be occupied as a dwelling unit complete with necessary service connections and ready for occupancy, except for minor and incidental unpacking and assembly operations including, but not limited to, location on jacks or other temporary or permanent foundation, and connection to utilities. Recreational vehicles and modular homes shall not be considered mobile homes. All mobile homes manufactured after June 15, 1976, must comply with standards approved by the U.S. Department of Housing and Urban Development.

1001.35 Mobile home park. Any plot of ground upon which three or more mobile homes occupied for dwelling or sleeping purposes are located regardless of whether or not a charge is made for such accommodation.

(Ord. of 2-6-95(1), § 1)

1001.36 Mobile home park plan. A plan of a proposed mobile home park, prepared by the developer in accordance with the regulation herein and presented to the Halifax County planning board for approval.

1001.37 Mobile home space. Any parcel of ground within a mobile home park, designated for the exclusive use of one mobile home.

1001.38 Mobile home subdivision. A subdivision designed and intended primarily for sale of lots for residential occupancy by mobile homes.

1001.39 Modular home. Any building of closed construction which is made or assembled in manufacturing facilities on or off the building site for installation or assembly and installation on the building site other than mobile homes or recreational vehicles. Modular buildings shall comply with all codes applicable to residential construction.

1001.40 Nonconforming building. A building which is situated on a lot in such a manner that it does not meet the requirements of the zoning district.

1001.41 Nonconforming land. A lot which does not meet the minimum area requirements of the zoning district in which it is located.

1001.42 Nonconforming use. A legal use of a building and/or land that antedates the adoption of these regulations and does not conform to the regulations for the zone in which it is located.

1001.43 Open space. An unoccupied space open to the sky.

1001.44 Operating permit. A permit issued by the zoning administrator to a mobile home park owner or operator upon the completion of a mobile home park which conforms to the requirements of this ordinance.

1001.45 Parking space. A graded and surfaced area of not less than 200 square feet in area either enclosed or open for the parking of a motor vehicle, having adequate ingress and egress to a public street or alley.

1001.46 Parks. The term "park" shall include those areas developed for both passive and active recreational activities. The development shall include but shall not be limited to walkways, benches, open fields, multiuse courts, swimming and wading pools, amphitheaters, etc. The term "park" shall also include those areas associated with history, tradition, or cultural heritage of national, state, or local interest. The term "park" shall not include zoos, travel trailer parks, amusement parks, and so on.

1001.47 Planned unit development. A land development project planned as an entity by means of a unitary site plan which permits flexibility in building site, mixtures in building types and land uses, usable open space, and the preservation of significant natural features.

1001.48 Public water supply. Any water supply furnishing potable water to ten or more residences or businesses or combination of businesses or residences. Approval by the division of health services, department of human resources is required.

1001.49 Public sewage disposal system. A system serving two or more dwelling units and approved by the Halifax County division of the district health department and the North Carolina department of water and air resources.

1001.50 Retail business. Establishments selling commodities in small quantities to the consumer.

1001.51 Retail services. Establishments providing tangible needs for immediate use.

1001.52 Shopping center. A group of commercial establishments, planned, developed, owned, and managed as a unit, with offstreet parking provided on the property and related in its location, size, and type of shops to the trade area which the units serve.

1001.53 Sign. Any words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names, or trademarks by which anything is made known and which are used to advertise or promote an individual, firm, association, corporation, profession, business, commodity, or product.

1001.54 Sign area. The entire face of a sign and all wall work including illuminating tubing incidental to its decoration shall be included for measurement of sign areas excluding architectural trim and structural embellishments. In the case of an open sign made up of individual letters, figures, or designs, the spaces between such letters, figures, or designs shall be included as part of the sign area. In computing sign area, only one side of a double face sign structure shall be considered.

1001.55 Sign, business. An attached or freestanding structure on which are announced the business use of the premises and/or the name of the operator of the business.

1001.56 Signs, outdoor advertising. An attached or freestanding structure conveying some information, knowledge, or idea to the public. (Same as billboard.)

1001.57 Sign, principal use. An attached or freestanding structure advertising a product or conveying some general information, knowledge, or idea relating to the use of products produced by the principal user of the premises.

1001.58 Sign, temporary. A sign permitted for a period not exceeding 12 months including for sale, for rent, construction company name, subcontractor's name, and architect's name.

1001.59 Special or conditional uses. Uses of a special nature as to make impractical their predetermination as a principal use in a district.

1001.60 Story. That portion of a principal building included between the surface of any floor and the surface of the next floor above, or if there is no floor above, the space between the floor and the ceiling next above. A basement shall not be counted as a story.

1001.61 Story, half. A story which is situated in a sloping roof, the floor area of which does not exceed two-thirds of the floor area of the story immediately below it, and which does not contain an independent dwelling unit.

1001.62 Street. A dedicated and accepted public right-of-way for vehicular traffic which affords the principal means of access to abutting properties.

1001.63 Structure. Anything constructed or erected, the use of which requires more or less permanent location on the ground or which is attached to something having more or less permanent location on the ground.

1001.64 Travel trailer. A vehicular portable structure designed as a temporary dwelling for travel, recreation, or vacation uses.

1001.65 Travel trailer park. A parcel of land designed and equipped to accommodate travel trailers for short periods of time.

1001.66 Water system, public. Water systems serving ten or more connections are classified as public water supplies by state law, and plans and specifications must be approved by the sanitary engineering division of the state board of health. (Water supply systems serving from two to nine connections inclusive may be regulated by the county board of health, and plans should be approved by the county health department.)

1001.67 Yard. A space on the same lot with a principal building, open, unoccupied, and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted.

1001.68 Yard, front. An open unoccupied space on the same lot with a principal building, extending the full width of the lot, and situated between the street and the front line of the building, projected to the side lines of the lot.

1001.69 Yard, rear. An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot.

1001.70 Yard, side. An open, unoccupied space on the same lot with a principal building, situated between the building and the side lot line and extending from the rear line of the required front yard to the front line of the required rear yard.

(Ord. of 6-5-95)

1001.71 Easement, record access. A grant by a property owner of a strip of land, at least 20 feet in width, for a specified purpose and use by the public, a corporation, or individuals, and properly recorded in the Halifax County register of deeds office.

1001.72 Building line. A line established by the location of the principal structure, parallel to the front property line and measured from side property line to side property line.

(Amend. of 11-1-99)

1001.73 Reserved.

1001.74 Abandoned mobile homes. Any mobile home that has been disconnected from proper electrical service, water service, or sewer service for a period of at least 120 days.

(Ord. of 1-8-01(2), § 1)

1001.75 Dilapidated mobile home. Any vacant mobile home that has any visible structural damage and/or does not meet the Halifax Minimum Housing Code for habitation.

(Ord. of 1-8-01(2), § 1)

(Ord. of 6-7-82)

Cross reference

Definitions and rules of construction generally, § 1-2.