§ 1305. LR lakeside residential district.

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

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

a.

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

b.

Churches.

c.

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

d.

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

e.

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

f.

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

1-

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

2-

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

3-

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

a.

The approximate distance enjoyed by adjoining property owners;

b.

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

c.

One-fourth the distance across the cove;

d.

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

e.

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

g.

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

h.

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

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

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

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

g.

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

h.

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

i.

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

j.

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

k.

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

l.

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

m.

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

n.

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

o.

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

p.

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

q.

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

r.

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

(Ord. of 6-7-82)

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

a.

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

1305.04 Dimensional requirements:

a.

Single-family dwelling shall have:

1.

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

2.

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

3.

Minimum required front yard—30 feet.

4.

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

5.

Minimum required rear yard—30 feet.

6.

Minimum lot depth at least—150 feet.

7.

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

b.

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

c.

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

d.

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

e.

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

f.

Offstreet parking: As required by article XVI.

g.

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

h.

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

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