09/07/99 Zoning Moratorium & Extension South of the Cape Fear River Ordinance5 C
AN ORDINANCE ESTABLISHING A SIX (6) MONTH MORATORIUM
ON THE PROCESSING OR ISSUANCE OF CERTAIN LAND USE PERMITS
FOR THOSE PORTIONS OF HARNETT COUNTY
WHICH ARE UNINCORPORATED, UNZONED, AND
LOCATED SOUTH OF THE CAPE FEAR RIVER
AS ADOPTED BY THE HARNETT COUNTY COMMISSIONERS
ON
SEPTEMBER 7, 1999
HARNETT COUNTY, NORTH CAROLINA
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BOOK 13 7S YAGE 9 9 - 9
REGIST!R OF DEEDS
KIMBERLY S. HAI30400E
AN ORDINANCE ESTABLISHING A SIX (6) MONTH MORATORIUM
ON THE PROCESSING OR ISSUANCE OF CERTAIN LAND USE PERMITS
FOR THOSE PORTIONS OF HARNETT COUNTY
WHICH ARE UNINCORPORATED, UNZONED, AND
LOCATED SOUTH OF THE CAPE FEAR RIVER
WHEREAS, in the Spring of 1997 the Harnett County Planning Board began work on an update to
the Harnett County Land Use Plan with technical help from the Harnett County Planning Department
and the N. C. Division of Community Assistance (hereinafter DCA); that the last update to said Land
Use Plan was in 1987; and
WHEREAS, since the Summer of 1997 the County planners and DCA have mapped existing land
uses in Harnett County, visited Town Managers and gathered information about issues impacting
development in Harnett County, held seven public input meetings all around the County and
distributed a public opinion survey about planning and land use in Harnett County; the County
Planning Board, County Planning Department Staff and DCA have also met with department heads
of the County Departments of Economic Development, Utilities and Recreation for their input
regarding current and future plans in their respective areas and their relation to County planning; and
WHEREAS, after compiling, reviewing, analyzing and discussing the information and data gathered
from the above referenced sources, the County Planning Board developed an Update to the Harnett
County land use plan; after much deliberation it was decided by the Planning Board that the concept
of Countywide zoning should be included as a goal in the 1999 Land Use Update; the Planning
Board concluded Countywide Zoning is needed to equalize development regulations throughout the
County, designate future business locations for marketing properties, protect residents from the ill
effects of intensive commercial and industrial development, coordinate utility extension with future
land development and provide for future harmonious development patterns; and
WHEREAS, as a result of the research and work compiled and completed by the County planners,
DCA and Planning Board, the Planning Board has prepared a final Update to the Harnett County
land use plan which was submitted to the County Board of Commissioners for its study and
discussion; that the land use plan was brought before the Board of Commissioners at its regular
meeting on September 7, 1999 and after hearing remarks from Harnett County citizens at a duly
advertised public hearing, the Board of Commissioners deliberated and adopted the final draft of the
1999 Update to the Harnett County Land Use Plan; and
WHEREAS, after consideration of the Land Use Plan Update and the information in support of said
update, the Board of Commissioners wanted to proceed with the implementation of said Land Use
Plan Update goals beginning with Countywide zoning; that in addition to the information from the
Land Use Plan Update, the Board of Commissioners received an extensive report from the County
Planners at a Planning Retreat on August 13, 1999 and also conducted an advertised public hearing
at its regular meeting on September 7, 1999; and
1
WHEREAS, as part of its deliberations concerning the Land Use Plan Update and its call for
Countywide zoning, the Board of Commissioners discussed various methods of how to implement
zoning in the unzoned area of the County which is the area located South of the Cape Fear River;
that the Commissioners concluded that it would take at least six months to gather the necessary
information and to obtain public input regarding possible zoning in either all the unzoned area of the
County or portions thereof; it was further concluded that while this information was being gathered
and analyzed that a moratorium on certain development would be advisable and in order; and
WHEREAS, in establishing a development moratorium, the Board of Commissioners desired to be
as least restrictive as possible while protecting the interests of the citizens at large in the unzoned
area of the County; that based on generally accepted planning criteria and public input and statistical
data regarding the proliferation ofmanufactured home development in the southern unzoned portion
of the County, it was further determined and concluded by the Board of Commissioners that the
fairest and best level of development prohibition during a six month moratorium period would be
as follows:
The moratorium would apply to any land use not listed as (a) a permitted use or conditional
use under the RA -20R Residential/Agricultural District zoning classification as set forth under
Article VI, Sections 7.0, 7.1 and 7.2 (Sections 7.3 et seq excluded) of the current Harnett County
Zoning Ordinance or (b) a permitted use under the B- Business/Commercial District zoning
classification as set forth under Article VI, Sections 2.0 and 2.1 (Sections 2.2 et seq excluded);
excepted from that moratorium would be those land uses allowed under the current Harnett County
Subdivision Regulations; and
WHEREAS, the Board of Commissioners desires through this ordinance to implement said
development moratorium.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Board ofCommissioners of the
County of Harnett, N. C. as follows:
Beginning on the adopted date of this Ordinance namely September 7, 1 999 a development
moratorium shall go into effect with the following provisions:
All County departments, boards, agencies and employees in the areas of planning, utility and
environmental health shall cease and desist from processing applications or issuing any development
permits for land uses in the unincorporated, unzoned areas of Harnett County located south of the
Cape Fear River for a period of six months beginning on September 7, 1999 and ending on March
6, 2000 unless said time is extended by the Board of Commissioners.
The moratorium on the processing or issuance of development permits shall only apply to
those land uses which are not listed as (a) a permitted use or a conditional use under the RA -20R
Residential/ Agricultural District zoning classification as set forth under Article VI, Sections 7.0,
7.1 and 7.2 (Sections 7.3 et seq excluded) of the current Harnett County Zoning Ordinance, or (b)
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a permitted use under the B- BusineWCommercial District zoning classification as set forth under
Article VI, Sections 2.0 and 2.1 (Sections 2.2 et seq excluded); excepted from this moratorium is any
land use that would be allowed under the current Harnett County Subdivision Regulations.
The Ordinance shall be known and may be cited as the Harnett County Development
Moratorium Ordinance (September 7, 1999). It is adopted under authority granted by the General
Assembly of the State of North Carolina particularly N. C. Gen. Stat. Chapter 153A, Article 18.
Duly adopted this 7 " day of September, 1999.
ATTEST:
��
Ka Blanchard
Clerk to the Board
HARNETT COUNTY BOARD OF COMMISSIONERS
0a'I.- Q a
Dan B. Andrews, Chairman
3.
NORTH CAROLINA
HARNETT COUNTY
I, a Notary Public of the County and State aforesaid, certify that Dan Andrews nersonally
came before me this day who being by me duly sworn, deposes and says: that he is the Chairman
of the Harnett County Board of Commissioners and Kay Blanchard is the Clerk of said Board, that
the seal affixed to the foregoing instrument is the official seal of Harnett County, that said instrument
was signed by him, attested by said Clerk and the County's seal affixed thereto, all by authority of
the Board of Commissioners of said County, and the said DanBAndrews acknowledged said
instrument to the act and deed of Harnett County.
Witness my hand and official stamp or seal, this /6� day of September, 1999.
My Commission Expires: � /
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