§ 1309. HB highway business district.

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

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

a.

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

b.

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

c.

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

d.

Agriculture and horticulture including retail sales.

e.

Airports and landing fields for rotary wing aircraft.

f.

Alcohol beverage packaged retail sales.

g.

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

h.

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

i.

Antiques and gift retail sales.

j.

Art supply retail sales.

k.

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

l.

Automobile commercial parking enterprise in accordance with article XVI.

m.

Automobile (new and used) and accessory sales.

n.

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

o.

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

p.

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

q.

Automobile washing establishments.

r.

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

s.

Barber, beauty and other personal services.

t.

Bicycle sale and repair.

u.

Blueprinting and photostating establishments.

v.

Book and stationery stores.

w.

Bookbindery.

x.

Bottling works for soft drinks.

y.

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

z.

Bus passenger stations.

aa.

Bus repair and storage terminals.

bb.

Catering establishments.

cc.

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

dd.

Clothing manufacture.

ee.

Clothing sales.

ff.

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

gg.

Contractor's plants or storage yards.

hh.

Curb markets.

ii.

Dairy bars.

jj.

Department and variety stores.

kk.

Drive-in or outdoor motion picture show.

ll.

Drugstores.

mm.

Dry cleaning pickup stations.

nn.

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

oo.

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

pp.

Farm machinery assembly, repair and sales.

qq.

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

rr.

Florist, retail.

ss.

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

tt.

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

uu.

Frozen food lockers.

vv.

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

ww.

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

xx.

Funeral homes, undertaking establishments, embalming, crematoria.

yy.

Furniture retail sales.

zz.

Furriers, retail sales.

aaa.

Fur storage.

bbb.

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

ccc.

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

ddd.

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

eee.

Glass manufacture.

fff.

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

ggg.

Hardware, appliances, and electrical items retail sale.

hhh.

Hat cleaning and blocking.

iii.

Ice manufacture storage and sales.

jjj.

Jewelry and watch sales.

kkk.

Laboratories for research and testing.

lll.

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

mmm.

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

nnn.

Laundries, steam.

ooo.

Laundry pickup stations.

ppp.

Libraries, museums, and art galleries.

qqq.

Lock and gunsmiths.

rrr.

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

sss.

Lumberyards, building materials, storage and sale.

ttt.

Mobile home sales areas.

uuu.

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

vvv.

Motels, hotels and motor courts.

www.

Motorcycle sales and repair.

xxx.

Music stores.

yyy.

Musical, dramatic and other artistic programs or events.

zzz.

Newsstands.

aaaa.

Nonconforming uses and buildings as provided in article IV.

bbbb.

Office equipment and supplies sales and service.

cccc.

Opticians and optical supplies sales.

dddd.

Paint retail sales.

eeee.

Pawnshops or secondhand stores.

ffff.

Pet shops, bird stores, taxidermists.

gggg.

Photograph studios and camera supply stores.

hhhh.

Physical culture establishments.

iiii.

Police, fire, rescue squad and civil defense stations.

jjjj.

Printing, publishing and reproduction establishments.

kkkk.

Public utility service and storage yards.

llll.

Radio and television stations.

mmmm.

Radio, television, retail sales and service.

nnnn.

Railroad rights-of-way.

oooo.

Repair and servicing of office and household equipment.

pppp.

Restaurants.

qqqq.

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

rrrr.

Retail stores similar to those otherwise named on this list.

ssss.

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

tttt.

Shoe repair.

uuuu.

Sign manufacture, painting, and maintenance.

vvvv.

Sign painting, exclusive of manufacture.

wwww.

Single-family dwelling.

xxxx.

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

yyyy.

Sporting good[s] sales.

zzzz.

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

aaaaa.

Tailors, dressmakers, milliners.

bbbbb.

Taxi stands.

ccccc.

Theaters, housed in a permanent indoor structure.

ddddd.

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

eeeee.

Upholstery, paper hanging and decorator shops.

fffff.

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

ggggg.

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

hhhhh.

Mini-storage facility/warehouse.

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

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

a.

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

b.

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

c.

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

d.

Reclamation landfills, temporary.

e.

Temporary uses subject to appeal to the board of adjustment.

f.

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

g.

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

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

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

a.

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

1309.04 Dimensional requirements:

a.

Minimum required mean lot width per building—75 feet.

b.

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

c.

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

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

d.

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

e.

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

f.

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

g.

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

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

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

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

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

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

a.

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

b.

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

c.

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

1.

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

2.

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

These lanes shall be exclusive of designated offstreet parking areas.

d.

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

e.

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

1.

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

2.

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

a)

Height—20 feet above centerline at street grade.

b)

Length.

c)

Design.

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

(Amend. of 2-3-03, § 4.A.)

1309.10 Additional parking and traffic circulation standards:

a.

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

b.

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

c.

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

1.

Have access to a dedicated street or alley;

2.

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

3.

Be graded;

4.

Be permanently maintained by the owners.

d.

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

e.

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

f.

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

g.

Curb cuts.

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

Such plans shall be subject to review by:

a.

The county planning board.

b.

The county building inspector.

c.

The county health department.

d.

The North Carolina department of transportation.

(Amend. of 2-3-03, § 1)

Cross reference

Roads, ch. 50.