§ 1314. AP airport district.

It is the intent of the regulations which follow to limit land in airport districts to uses other than residential or places of public assembly, such as schools, churches, hospital, theaters, stadiums, etc.; to confine, to the extent possible, land in these districts to industrial, commercial, agricultural, or recreational uses which are not subject to high population concentrations. It is the further intent of these regulations to protect the public from annoyance by aircraft noise; from danger of falling aircraft; and to avoid impediment to the continued growth of civil aeronautics and air commerce at the Halifax-Northampton Regional Airport which may accrue from encroachment of populous, urban-type land development.

1314.01 The following uses are permitted in the AP airport district:

a.

HB highway business. Those uses permitted in the HB highway business district of this ordinance, except places of public assembly and aboveground storage of inflammable liquids and gases shall be permitted.

b.

Ll light industrial. Those industrial uses permitted in LI industrial districts of this ordinance shall be permitted.

c.

Cemeteries.

d.

Customary home occupations, such as dressmaking, music teaching, etc., and the offices of resident members of recognized professions, such as doctors, dentists, engineers, lawyers, artists, architects, where such professions are carried on in their respective residences, and where such residences exist as nonconforming uses in airport districts.

e.

Golf courses and tennis courts.

f.

Signs, as permitted by article XIV, section 1410 for HB highway business and Ll light industrial with the appropriate land use.

1314.02 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.

Residential structures, including mobile homes, which become nonconforming land uses by reason of rezoning to airport district, may be continued as permitted uses subject to the provisions of article IV of this ordinance, except that subsections 400, 401, 402, 404 shall not apply. The following regulations shall apply instead:

1.

Where a nonconforming building or structure which is damaged or totally destroyed by fire, flood, wind, explosion, or other calamity, or act of God, subsequent to time of passage of this ordinance [such nonconforming building or structure] may be restored and used as a conditional use after approval of plans by and issuance of a building permit by the board of adjustment.

2.

The board of adjustment shall issue a permit for such conditional use, provided the repair or reconstruction conforms, to the extent possible to all regulations governing residential districts. Minimum depth of front, rear, side, and corner side yards shall be determined by the board of adjustment but shall not be less than the minimum required for any yard in the R-6 residential district.

3.

Where a residential structure, including mobile homes, becomes nonconforming by reason of rezoning to airport district, and where said structure was the only residence upon the lot it occupied at the time of rezoning to airport district, and where the lot occupied by the structure was owned or being purchased by the resident of the structure at the time of rezoning to airport district, said structure may be removed or demolished and replaced by another residential structure, subject to approval of plans by the board of adjustment as required in section 1313.02a.2. above.

(Res. of 5-7-12, §§ 1(a.—c.))

Cross reference

Aviation, ch. 18.