09/18/00 Zoning Regulations,Administration,&Enforcement OrdinanceZONING ORDINANCE
FOR
HARNETT COUNTY
HARNETT
COUNTY NC
Book
1444
Pages
0739 -0836
FILED 92 PAGE(S)
10/12/2000 10:30 AM
KIMBERLY S.
HARGROVE
Register Of
Deeds
Adopted July 18,1988
For Averasboro, Black River, Buckborn, Duke, Grove, Hector's Creek and
Neill's Creek Townships
COUNTY COMMISSIONERS
K L. Sorrell, Jr., Chairman
Beatrice Bailey Hill, rice Chairman
Walt Titchener
Dan Andrews
Joe Bowden
Adopted June 5, 2000
For Anderson Creek, Barbecue, Johnsonville, Lillington and Upper Little
River Townships
COUNTY COMMISSIONERS
Dan Andrews, Chairman
Beatrice Bailey Hill, rice Chairman
Walt Titchener
Teddy Byrd
Joe Bowden
As Amended through September 18, 2000
TABLE OF CONTENTS
Article I Title, Purpose, Authority, and Effective Date of the Zoning Ordinance ............... ............................... 7
Section 1.0 Title ............... ..............................7
Section 2.0 Purpose ............. ..............................7
Section3.0 Authority ........... ..............................7
Section 4.0 Effective Date ...... ..............................7
Article11 Jurisdiction .................................................................................................. ..............................7
Article III Exemption of Bona Fide Farms ................................................................. ...............................
7
Article1V General
Provisions ................................................................................... ...............................
8
Section
1.0 Application of the Zoning Ordinance .................8
Section
2.0 Continuation of Nonconforming Situations ............8
Section
3.0 Relationship of Building to Lots ...................11
Section
4.0 Required Yards Not to be Used by Another Building ...11
Section
5.0 Reduction of Lot and Yard Areas Prohibited ..........
11
Section
6.0 Public Access to Property .........................12
Section
7.0 Projections into Public Right -of -Ways ..............12
Section
8.0 Buffers ............. .............................12
Section
9.0 Height Limitation Exceptions .......................12
Section
10.0 Curb Cuts Giving Access to Public Right -of -Ways ....12
Section
11.0 Corner Visibility ... .............................12
Section
12.0 Standards for Effluent and Emissions ..............12
Section
13.0 Sedimentation Control ............................12
Section
14.0 Nonresidential Manufactured Home Use and
Temporary Buildings ........ .............................13
Section 15.0 Accessory Building .. .............................13
Section 16.0 Interpretation of District Boundaries .............13
Section 17.0 Conflict with Other Laws or Regulations ...........13
Section 18.0 Severability of Ordinance ........................14
Section 19.0 Remedies ........... .............................14
Section 20.0 Penalties for Violating Any Provisions of this
Ordinance ................. .............................14
Section 21.0 Public Utility Structures and Facilities ..........14
ArticleV Official Zoning Map ............................................................................... ............................... 15
Article V1 Zoning Districts and Regulations ........................................................... ............................... 15
Section 1.0 Industrial District .. .............................16
Section 2.0 Commercial Business District ....................... 19
Section 3.0 Conservation District .............................23
Section 4.0 Residential /Agricultural District - RA -40 ..........24
Section
5.0
Residential /Agricultural District
- RA -30 ..........27
Section
6.0
Residential /Agricultural District
RA -20M ...........33
Section
7.0
Residential /Agricultural District
- RA- 20R ..........
39
ArticleVII Conditional Uses ........................................................................................
.............................45
Section
1.0
Application for Conditional Use
Permit ............45
Section
3.0
Action by the Board of Adjustment
..................45
Section
4.0
Conditions and Guarantees .........................46
Section
5.0
General Provisions in Granting
Conditional Use
Permits
................... .............................46
Article VIII Parking and Off - Street Loading Requirements ....................................... ............................... 47
Section 1.0 Off- Street Parking Requirements ....................47
Section 2.0 Off- Street Loading Requirements ....................49
ArticleIX Sign Requirements ..................................................................................... .............................50
Section 1.0 Certain Classes of Signs Permitted in all Zoning
Districts ........ ........ .............................50
Section 2.0 Maintenance ......... .............................51
Section 3.0 Illumination ........ .............................51
Section 4.0 Setback Requirements . .............................51
Section 5.0 Sign Dimension ...... .............................52
Section 6.0 Nonconforming Signs .. .............................52
Section 7.0 Prohibited Signs ..... .............................52
Section 8.0 Administration ...... .............................53
Section 9.0 Filing Procedure ..... .............................53
Section 10.0 Business Signs ...... .............................53
Section 11.0 Outdoor Advertising Signs .......................54
Article X Planned Unit Development ...................................................................... ............................... 55
Section 1.0 General ............. .............................55
Section 1.1 Application Requirements ..........................55
Section 1.2 Conformity to Plan ... .............................55
Section 1.3 Internal Streets ..... .............................55
Section 1.4 Zero Lot Lines ...... .............................56
Section 1.5 Planned Developments Not Exempt ....................56
Section 1.6 Residential Planned Unit Developments ..............56
Section 1.7 Commercial and Industrial Planned Developments .. .... 56
Section 1.8 Dimensional Requirements ..........................56
Section 1.9 Density Calculations . .............................57
Section 1.10 Density Bonus ...... .............................57
Section 1.11 Commercial, Office, and Professional Facilities.... 57
Section 1.12 Common Open Space.......... c .....................58
Section 1.13 Site Planning . ............................... .59
Section 1.14 Homeowners'(or Property Owners) Association .... .... 60
Section 2.0 Plat Preparation and Approval Procedures ..........60
3
Section 2.1 Sketch Plan ......... .............................61
Section 2.2 Preliminary Plat and Outline Development Plan
Approval .................. .............................61
Section 2.3 Content of the Preliminary Plat ....................61
Section 2.4 Planning Board Action .............................62
Section 2.5 Development in Stages .............................62
Section 2.6 Other Review Agencies Comments .....................62
Section 2.7 Content of the Final Plat .........................62
Section 2.8 Planning Board Action .............................64
Section 4.9 Action by Board of County Commissioners ............64
Section 2.10 Approval Not to Constitute Acceptance .............64
Section 2.11.Recording of Plat ... .............................64
Section 2.12 Resubdivision Procedures .........................65
Section 2.13 Penalties for Violating Any Provisions of this
Ordinance ................. .............................65
Section 2.14 Variances .......... .............................65
Section 2.15 Guarantee of Improvements ........................65
Section 3.0 Water and Sewer Service Requirements ..............66
Section 3.1 Water Supply System: .............................. 66
Section 3.2 Sewage Disposal System ............................68
Section 4.0 Off Street Parking Requirements ....................70
Section 4.1 Minimum Parking Space Requirements .................70
Section 4.2 Lighting ............ .............................70
Section 4.3 Improvements, Design and Location Standards ......... 71
Section 4.4 Parking Area Surface Requirements ..................71
Section 4.5 Individual Parking Space Size Requirements .......... 71
Section 5.0 Off Street Loading Requirements ....................71
Section 5.1 Design Criteria ...... .............................71
Section 5.2 Requirements for Specified Uses ....................71
Section 6.0 Sign Requirements .... .............................72
Section 6.1 Prohibited Signs ..... .............................72
Section 6.2 Illumination ........ .............................72
Section 6.3 Setback Requirements . .............................72
Section 6.4 Calculation of Sign Dimensions ..................... 72
Section 6.5 Sign Size Requirements ............................72
Section 6.6 Signs for Residential Uses ........................73
Section 6.7 Application Procedure .............................73
Section 6.8 Administration ...... .............................73
Section 7.0 Naming of Planned Unit Developments and Other
Required Improvements ...... .............................73
Section 7.1 Naming of Planned Unit Developments ................74
Section 7.2 Street Signs ........ .............................74
Section 7.3 Sidewalks ........... .............................74
Section 8.0 Lot and Setback Requirements .......................74
Section 8.1 Lot Requirements ..... .............................74
Section 8.2 RESERVED FOR FUTURE USE ...........................75
Section 8.3 Minimum Building Setback Requirements ..............75
Section 8.4 Special Requirements for Nonresidential uses ....... 75
4
Section 8.5 Dimensional Requirements for Nonresidential Uses ....76
Section 9.0 Specialized Residential Uses Within Planned Unit
Developments .............. .............................76
Section 9.1 Residential Uses .... .............................76
Section 10.0 Administration of the Planned Unit Development
Section................... .............................77
Section 10.1 Amendments .... ............................... .77
Section 10.2 Conflicts .......... .............................77
Section10.3 Fees ............... .............................77
Section 10.4 Duty of Register of Deeds . ....................77
Section.10.5 Penalty ............ .............................77
Section 11.0 Exceptions ......... .............................77
Section 12.0 Definitions and Interpretations ...................78
Section 13.0 Certificates ...................82
Article XI Mining t
Section 1.0
Section 2.0
Section 3.0
Section 4.0
Section 5.0
Section 6.0
Section 7.0
3eneralRegulations.. ............................ .................................................................... 84
Findings.. ............................... ......84
Statement of Purpose . .............................84
Definitions ..... ............................... .84
Permit Application ... .............................84
Screening Standards .................... ..........85
Vibration Standards .. .............................85
Non - Conforming Mining 0perations ...................85
ArticleX11 Board of Adjustment ............................................................................... ............................... 85
Section 1.0 Creating the Board of Adjustment ...................85
Section 2.0 Powers and Duties .... .............................86
Section 3.0 Filing and Notice of an Appeal .....................87
Section 4.0 Fees for Variances or Appeals ..................:...87
ArticleXIII Changes and Amendments ...................................................................... ............................... 87
Section 1.0 Action by the Applicant ...........................87
Section 2.O Action by the Planning Board .......................88
Section 3.0 Action by the Board of County Commissioners ......... 88
Article XIV Administration and Enforcement ............................................................. ............................... 89
Section 1.0 Administration ...... .............................89
Section 2.0 Enforcement ........89
Section 3.0 Land Use Permit for New, Altered, or Temporary
Uses...................... .............................89
Section 4.0 Application for Land Use and Building Permits....... 89
Section 5.0 Fees ......................... ..................90
Section 6.0 Expiration of Land Use Permit ......................90
Section 7:0 Construction and Use to be as Stated on Land Use
Permit.................... .............................90
Section 8.0 Certificate of Occupancy ...........................90
E
Section 9.0 Right of Appeal ...... .............................90
Section 10.0 Duties of Zoning Administrator, Board of
Adjustment, Courts and County Board of Commissioners as
toMatters of Appeal ....... .............................90
ArticleXV Definit ions ............................................................................................... ............................... 91
M
ZONING ORDINANCE OF HARNETT COUNTY
NORTH CAROLINA
AN ORDINANCE ESTABLISHING ZONING REGULATIONS FOR THE COUNTY OF
HARNETT, NORTH CAROLINA, AND PROVIDING FOR THE ADMINISTRATION,
ENFORCEMENT, AND AMENDMENT THEREOF.
BE IT ORDAINED AND ENACTED by the Board of Commissioners of the County of Harnett,
North Carolina, as follows:
Article I Title Purpose Authority, and Effective Date of the Zonin¢ Ordinance
Section 1.0 Title
This Ordinance shall be known and may be cited as the Zoning Ordinance of Harnett County, North
Carolina.
Section 2.0 Purpose
The regulations as herein set forth have been made for the purpose of promoting the health, safety,
and general welfare of the Harnett County residents.
Section 3.0 Authority
The provisions of the Ordinance are adopted under authority, granted by the General Assembly of
the State ofNorth Carolina, particularly G.S. Chapter 153A, Article 18, Part 3.
Section 4.0 Effective Date
This Ordinance shall be effective from and after the date of its adoption by the Harnett County Board
of Commissioners.
Article H Jurisdiction
The provisions of the Ordinance shall apply to the unincorporated areas of Harnett County as
specifically identified and delineated on the zoning map identified as The Official Zoning Map of Harnett
County, North Carolina. The Ordinance shall not be applied to the extra - territorial jurisdiction of airy
municipality in the county.
Article III Exemption of Bona File Farms
Bona fide farms in the zoning area are exempt from this Ordinance. This Ordinance does not
exercise any controls over cropland, timberland, or other farm activities as long as such land uses are in the
same ownership as the farm and located on the farm. Bona fide farm purposes include the production and
activities relating or incidental to the production of crops, fruits, vegetables, ornamental and flowering plants,
dairy, livestock, poultry and all other forms of agricultural products having a domestic or foreign market.
Bona fide farm purposes also include processing for personal consumption or commercial sale or
distribution of any and all crops, fruits, vegetables, ornamental and flowering plants, dairy, livestock, Poultry,
and all other forms of agricultural products, so long as all such agricultural products are grown or produced
on lands which are owned solely by or leased exclusively to and are harvested by the person processing such
agricultural products. The use of any bona fide farm property for any non -farm purposes shall be subject to
the regulations of this Ordinance.
Article IV General Provisions
Section 1.0 Application of the Zoning Ordinance
The regulations set forth in this Ordinance affect all land, every building and every use of land and/or
building, and shall apply as follows:
1.1 New Uses or Construction
After the effective date of this Ordinance all new construction or use of land shall conform
to the use and dimensional requirements for the district in which it is to be located.
1.2 Existing Conforming Situations
After the effective date of this Ordinance, land or structures, or the use of land or structures
which then conform to the regulations for the district in which it is located may be
continued, provided that any structural alterations or change in use shall conform with the
regulations herein specified.
1.3 Existing Nonconforming Situations
After the date of adoption of this Ordinance or any prior Zoning Ordinance of Harnett
County, pre- existing lots, structures or uses which would be prohibited under the regulations
for the district in which it is located shall be considered as nonconforming. Nonconforming
structures or uses may be continued, provided they conform to the provisions in Section 2.
Section 2.0 Continuation of Nonconforming Situations
The continuation of nonconforming situations shall be regulated as follows:
2.1 Non - Conforming Single Lot of Record
A vacant lot of record established prior to the effective date of this Ordinance which does
not conform to the minimum lot requirement of the district in which it is located may be
used as a building site for a use permitted within that district provided:
All construction and the location of the building(s) shall be in accordance with the applicable
front, side and rear yard requirements of the zoning district in which located The existing or
proposed water and sewage disposal system is approved by the Harnett County Health
Departrneut and all uses serviced by a private septic tank system shall have a minimum lot
area of not less than fifteen thousand (15,000) square feet of suitable or provisionally
suitable soil, except in the case of a Manufactured Home Park.
2.2 Completion of Non - Conforming Proiects
The construction or erection of any non - conforming project may be completed provided:
All construction is done pursuant to a validly issued building perinit.
If a minor subdivision has been approved and improvements completed (i.e. streams, water
and/or sewer) or a major subdivision has been approved and a multi - section manufactured
home has been permitted and occupied on one or more lots in the subdivision prior to June
5, 2000, then the owner of a lot in any such subdivision may place a multi - section
manufactured home on any other lot in the subdivision for residential purposes, provided all
requirements of the ordinance are met regarding front, side and rear yard setbacks and
provided the water and sewage disposal systems have been approved by the Harnett County
Health Department.
2.3. Extension or Enlargement of Non-Conforming Situations
Except as specifically provided in this Section, it shall be unlawful for any person to engage
in any activity that causes an increase in the extent of non - conformity of a non - conforming
situation.
A. A non - conforming use may be extended throughout any portion of a completed
building that when the use was made non - conforming by this Ordinance, was
manifestly designed or arranged to accommodate such uses. However, a non-
conforming use may not be attended to additional buildings or to land outside the
original buildings.
B. A non- connforming use of open land may not be extended to cover more land than
was occupied by that use when it became non - conforming, except that a use that
involves the removal of natural materials from the lot (e g., a quarry) may be
expanded to the boundaries of the lot where the use was established at the time it
became non - conforming, if ten (10) percent or more of the earth products had
already been removed at the active date of this Ordinance.
C. Where a non- conforming situation exists the equipment or processes may be
changed if these or similar changes amount only to changes in degree or activity
rather than changes in kind and no violations of other paragraphs of this section
occur.
D. Physical aheration of structures or the placement of new structures on open land are
unlawful if they result in:
1. An increase in the total amount of space devoted to a non - conforming use:
or
2. Greater non - conformity with respect to dimensional restrictions such as
yard requirements, height limitations, or density requirements.
E. Minor repairs to and routine maurtetance of property where non- conforming
situations exist are permitted and encouraged.
F. Notwithstanding paragraph D, any structure used for single family residential
purposes and maintained as a non - conforming use or structure may be enlarged or
replaced with a similar structure of a large' size, so long as the enlargement or
replacement does not create new nonconformities or increase the extent of existing
non - conformities with respect to yard size and setback requirements. In particular, a
manufactured home may be replaced with a larger manufactured home, and a
"single - wide" manufactured hone may be replaced with a "double- wide ". This
paragraph is subject to the limitations stated in Section 2.0 (2.5) Abandonment and
Discontinuance of Non- Conforming Situations. A structure that is non- conforming
in any inspect or a structure that is used in a non - conforming manner may be
reconstructed or replaced if partially or totally destroyed, subject to the following
restrictions:
1. A residential structure that is non - conforming in any respect and is partially
or totally destroyed may be reconstructed or replaced, subject to the
following restrictions:
a. The replacement residential structure is similar in construction and
design to the former structure. A single-family residence may only
be replaced with another single family residence and a
manufactured home may only be replaced with another
manufactured home.
b. A letter granting approval for the replacement or reconstruction of
a damaged residential structure with a similar residential structure
9
is obtained from the Zoning Administrator within three hundred
sixty five (365) days from the time the damage or destruction took
place.
C. Notwithstanding paragraph D, a larger, single family residential
stricture may be constructed in place of a smaller one and larger
manufactured home intended for residential use may replace a
smaller one. The reconstructed building may not be more non-
conforming with respect to dimensional restrictions such as yard
requirements, height limitations or density requirements, and such
dimensional non- conformities must be eliminated if that can
reasonably be accomplished without unduly burdening the
reconstruction process or limiting the right to continue the non-
conforming use of such building.
2. Any other structure that is non - conforming in any respect or a structure that
is used in a non-confarming mariner may be reconstructed or replaced if
partially or totally destroyed, subject to the following restrictions:
a. A land use permit is obtained from the Zoning Administrator
within three hundred sixty five (365) days from the time the
damage or destruction took place.
b. The total amount of space devoted to a nonconforming use may
not be increased.
C. The reconstructed building may not be more non - conforming with
respect to dimensional restrictions such as yard requirements,
height limitations or density requirements, and such dimensional
non - conformities must be eliminated if that can reasonably be
accomplished without unduly burdening the reconstruction process
or limiting the right to continue the nonconforming use of such
building.
d. The reconstructed building may not be more nonconforming with
respect to dimensional restrictions such as yard requirements,
height limitations or density requirements and such dimensional
nonconforrunies must be eliminated if that can be reasonably
accomplished without unduly burdening the reconstruction process
or limiting the right to continue the non - conforming use of such
building.
2.4 Change of Nonconforming Uses
Any nonconforming use may be changed to a conforming use, or with the approval
of the Zoning Board of Adjustment, to any use more in character with the uses
permitted in the district. In permitting such changes, the Zoning Board of
Adjustment may require appropriate conditions and safeguards in accordance with
the provisions of this Ordinance.
10
2.5 Abandonment and Discontinuance of Non - Conforming Situations,
A. When a non - conforming use is discontinued for a consecutive period of one
hundred eighty (180) days, the property involved may thereafter be used
only for conforming purposes.
For purposes of determining whether a right to continue a non - conforming
situation is lost pursuant to this Section, all of the buildings, activities and
operations maintained on a lot are generally to be considered as a whole.
For example, the failure to rent one (1) space in a non - conforming
manufactured home park for are hundred eighty (180) days shall not result
in the loss of the right to rent that space thereafter so long as the
manufactured home park as a whole is continuously maintained and has a
valid privilege license. But if a non - conforming use is maintained in
conjunction with a conforming use, discontimtance of a non- conforming
use for the required period shall terminate the right to maintain it thereafter.
And so, if a manufactured home is used as a nonconforming use on a
residential lot where a conforming residential structure also is located,
removal of that manufactured home for one hundred eighty (180) days
terminates the right to replace it.
B. When a structure or operation made non- conforming by this Ordinance is
vacant or discontinued at the effective date of this Ordinance, the one
hundred eighty day period for purposes of this Section, begins to run at the
effective date of this Ordinance.
Section 3.0 Relationship of Building to o Lots
Every building hereafter erected, moved or structurally altered shall be located on a lot. And in no
case shall there be more than one principal building and its customary accessory buildings on a lot
except in the following cases:
3.1 Multi - family dwellings in appropriate zoning districts.
3.2 One secondary residence when placed in such a way that both the secondary and primary
residence meet all of the dimensional lot requirements of the applicable zoning district.
3.3 One, temporary, residential budding for a period of one year, non - renewable, when an
existing or proposed primary or secondary residence, located on the same lot, is deemed
uninhabitable due to renovation or construction.
3.4 Condominiums, town homes, planned unit developments, shopping centers and industrial
developments.
Section 4.0 Required Yards Not to be Used by Another Buildins
The minimum yards or other open spaces required by this Ordinance for each and every building
hereafter erected, moved, or structurally altered shall not be encroached upon by or considered as meeting the
yard or open space requirements of any other building.
Section 5.0 Reduction of Lot and Yard Areas Prohibited
No yard or lot existing at the time of passage of this Ordinance shall be reduced in size or area below
the minimum requirements set forth herein. Yards or lots created after the effective date of this Ordinance
shall meet at least the minimum requirements established by this Ordinance.
I
Section 6.0 Public Access to Property
No building, structure, or use of land other than for agricultural purposes shall be established on a lot
which does not abut a street, road or other public way having a right -of -way meeting standards of the North
Carolina State Departrnent of Transportation or having access via a minimum thirty (30) feet easement or
private road meeting the standards of the Harnett County Subdivision Ordinance.
Section 7.0 Proiections into Public Right -0f - -Ways
No private signs nor other structures shall project beyond an imaginary line drawn ten (10) feet from
and parallel to the outer edge of the public right -of -way.
Section 8.0 Buffers
Buffer strips shall be required where any of the following uses abut land zoned residential:
manufactured home parks, commercial planned developments, shopping centers, all commercial enterprises
(except home occupations), and industrial districts. The buffer strip shall not be less than fifteen (15) feet
wide around the perimeter of the parcel. It shall be planted with evergreen and/or deciduous trees not more
than twenty (20) feet apart and adequately landscaped with grass and shrubbery in such a manner as to be
harmonious with the landscaping of the adjacent properties and m keeping with the general character of the
surrounding neighborhood.
Applications for permits for uses requiring buffers shall be accompanied by a Site Plan, drawn to
scale, showing at least (but not limited to) the following; location of strictures, delineation of required
parking spaces, drives and drive ways, location of signs with elevation sketch, buffer areas, walkways,
landscape planting plan with maintenance and replacement schedule, and an erosion control permit
application where required.
Section 9.0 Height Limitation Exceptions
The height limitations of this Ordinance shall not apply to belfries, spires, monuments, chimneys,
smokestacks, water towers, flagpoles, television and radio masts, aerials, and similar structures.
Section 10.0 Curb Cuts Giving Access to Public Right -of -Ways
Construction of curb cuts for purposes of ingress or egress to property abutting a public right -of -way
shall be approved by the North Carolina Department of Transportation, where said curbs affect access to
State Highways. Provisions for all access work done on highway right -of -way are subject to approval by the
North Carolina Department of Transportation.
Section 11.0 Corner Visibility
In all zoning districts there shall be no obstruction to visibility on any comer lot two (2) feet above
the level of the center line of the street in a triangular area bounded by the street right -of -way line on such
comer lots and a base line joining points along right -of -way lines twenty five (25) feet from the intersection
right -of -way comer.
Section 12.0 Standards for Effluent and Emissions
All effluent and emissions into the air or surface or ground waters from development permitted by
this Ordinance must be in conformity with applicable federal, st ate, or county health and environmental
quality regulations.
Section 13.0 Sedimentation Control
All Iand-dhsturbing activities shall meet the requirements of the North Carolina General Statutes.
12
Section 14.0 Nonresidential Manufactured Home Use and Temporary Buildings
Temporary buildings or manufactured homes used for nonresidential purposes may be located in any zoning
district, but only if they are temporary uses such as construction field offices, construction supplies and
equipment storage or temporary offices. Temporary land use permits and building permits for such uses shall
be obtained from the appropriate administrative officials and shall be renewed every 180 days for a period not
to exceed one year. Manufactured homes shall not be converted to storage buildings except as herein
provided and only after certification by the Building Inspector that all kitchen and bathroom fixtures have
been removed.
Section 15.0 Accessory Building
No accessory building shall be erected in any required yard or within five (5) feet of any other
building. Accessory buildings not exceeding 600 sq. ft. may be permitted in the required side
and rear yards provided such accessory buildings are at least five (5) fed from any property line and
do not encroach into any required easements. Accessory buildings not excee&g 50 square fed and
used exclusively to house well and pump equipment may be permitted in the required front, side
and rear yards, provided such accessory buildings are at least five (5) fed from any property lines
and do not encroach into any required easements or sight angles. An accessory building may be
located on another contiguous or non- contiguous lot fiom the principal use with which it is
associated, only to the extent that the principal use itself would also be permitted on such lot.
Section 16.0 Interpretation of District Boundaries
When uncertainty exists with respect to the boundaries of any district as shown on the Official
Zoning Map, the following rules shall apply:
16.1 Boundaries along street, highway, or alley center lines or right - of-way times shall be construed as
following such lines.
16.2 Boundaries along railroad tracks shall be construed as being midway between the main railroad
tracks.
16.3 Boundaries along plotted property lines and town limit lines shall be construed as following such
lines.
16.4 Boundaries indicated as following shorelines shall be construed to follow such shorelines and in
evert of change in the shoreline, shall be construed as moving with the actual shoreline.
16.5 In the absence of established features, or lines, or specified distances on the zoning map, district
Boundary locations shall be determined by scaling the distance on the map.
16.6 Where physical conditions existing on the ground are at variance with those shown on the zoning
map, or in other circumstances not covered herein, the Board of Adjustment shall interpret district
boundary locations.
16.7 Where a district zoning boundary divides a lot, the Board of Adjustment may, as a special exception,
permit the extension of either district into portions of the lot not to exceed 50 fed beyond the district
boundary line.
Section 17.0 Conflict with Other Laws or Regulations
It is not intended by this Ordinance to interfere with or abrogate or annul any easements, covenants, or
other agreements between parties, provided, however, that wherever the regulations of this Ordinance require
a greater width or size of yards or
13
courts, or require a lower height of buildings or less number of stories, or require a greater percentage of the
lot to be left unoccupied, or impose other higher standards than are required in any other statute or county
ordinance or regulations, the provision of the regulations made under authority of this Ordinance shall
govern Wherever the provisions of any other statute or county ordinance or regulations require a greater
width or size of yards, or courts, or require a lower height of buildings or a less number of stories, or require a
greater percentage of the lot to be left unoccupied, or impose other higher standards than are required by the
regulations made under authority of this Ordinance, the provisions of such statute or county ordinance or
regulations shallgovern.
Section 18.0 Severability of Ordinance
If for any reason one or more sections, sentences, clauses, or parts of this Ordinance are held invalid
by the courts, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance.
The Board of County Commissioner hereby declares that it would have passed this Ordinance and each
section, sub - section, clause, or phrases, thereof, irrespective of the fact that any one or more sections, sub-
sections, sentences, clauses, or phrases be declared invalid.
Section 19.0 Remedies
In case any building or structure is erected, constructed, reconstructed, ahered, repaired, converted,
or maintained, or any building, structure or land is used in violation of this Ordinance, the Zoning
Administrator or any appropriate authority of the county or any adjacent, nearby, or neighboring property
owner who would be affected by such violation, in addition to other remedies, may institute injunction,
mandamus or other appropriate action in proceeding to prevent the occupancy of such budding, structure, or
land.
Section 20.0 Penalties for Violating Any Provisions of this Ordinance
Any person, firm, or corporation, violating any provisions of this Ordinance, or who shall violate or
fail to comply with any order made thereunder, or who shall continue to work upon any structure after having
received written notice from the zoning Administrator to cease work shall be guihy of a misdemeanor and
punishable by a fine not to exceed fifty ($50) dollars or imprisonment not to exceed thirty (30) days. Each
day such violation shall be permitted to exist shall constitute a separate offense. Notice of violation shall be
sufficient if directed to such owner, the agent of the owner, or the contractor and/or left at his known place of
residence or place of business.
Section 21 0 Public Utility Structures and Facilities
21.1 Structures and facilities that are installed by private owned public utility systems, including, but not
limited to, electric, telephone, gas, and cable distributing companies, for the purpose of supplying,
extending, or enhancing service may be a permitted use in all zoning districts, provided that any
above ground structures or facilities do not create any enclosed area that can be wholly or partially
occupied by an individual for any appreciable period of time, other than for the normal and
customary construction, repair, and maintenance of such structure or facility. The above ground
structure or facility and any associated concrete slab shall be required to meet the front, side, and rear
yard setback requirements of the respective zoning districts. Towers, where permitted, shall meet the
requirements of the respective zoning districts.
21.2 Public owned utility systems, including, but not limited to, water lines, waste water lines, storm
water facilities, water treatment plants, waste water treatment plants, lift stations, pumping stations,
booster stations, water tanks, and associated facilities, are permitted in all zoning districts, provided
that those structures above ground and requiring more than one acre of area will be buffered as
provided by Section 8.0 Buffers of Us Ordinance.
14
Article V Official Zonine Mau
The map herein referred to, which is identified by the title, Official Zoning Map of Harnett County,
North Carolina, shall be known as the zoning map. The map shall bear the adoption date of this Ordinance
and the date of any subsequent map amendments. It shall be kept filed at the County Planning Office and
shall bear the adoption date of this Ordinance and the date of any subsequent map amendments.
Article VI Zoning Districts and Regulations
In order to implement the intent of this Ordinance, there are hereby created seven classes of districts
with the designations of general purposes and regulations as stated below:
I- Industrial District
B- Business/Comrnercial District
C- Conservation District
RA-40 Residential/Agricultural District
RA -30 Residential/Agricultural District
RA -20M Residential/Agricultural District
RA -20R Residential/Agricultural District
The boundaries of these districts are hereby established as shown on the "Official Zoning Map ".
Any use not specifically designated as either a permitted or conditional use in a zoning district is prohibited.
Uses not listed may be included by following the amendment process descnbod elsewhere in this Ordinance.
15
Section 1.0 Industrial District
The purpose of this district is to promote and protect both existing industrial activities and potential
sites which are considered suitable for industrial use, to prohibit uses of land which would substantially
interfere with the continuation of uses permitted in the district, and to promote the operation of well- planned
and maintained industrial facilities.
1.1 Permitted Uses
A. Manufacturing (excluding fertilizer manufacturing)
B. Assembling, processing industries, wholesale, warehouse, and transfer activities
C. Bona fide farms
D. Private owned public utility structures and facilities
E. Outdoor display, storage, or sale of vehicle or other equipment
F. Airports and related uses
G. Truck driving school
H. Recycling collection centers and recycling plants
1.2 Conditional Uses
A. Junkyards and automobile wrecking yards and similar types of used material
industries when they are conducted within a structure or on a lot enclosed by a solid fence or
a natural buffer at least six (6) feet in height and provided that the Board of Adjustment finds
that such wrecking yard will not have an injurious effect on the public interest or welfare.
No junkyard or scrap processor shall be established within five hundred (500) feet of any
residentially developed area. A minimum front yard of at least one hundred (100) feet from
any street right -of -way shall be maintained.
B. Fertilizer manufacturing
C. Mining activities (as regulated by Article XI)
D. Wholesale storage of gasoline or bulk terminal plants, provided no aboveground
storage tank shall be closer than fifty (50) feet to any property line, and that the uses are in
conformity with the federal, state, and local regulations governing the storage of combustible
fuels
E. Planned Unit Developments, except residential
F. Service stations and other auto-onented business establishments excluding auto
wrecking yards and junkyards
G. Uses designated as permitted uses in the Commercial Zoning District (not including
outdoor advertising signs)
H. Existing commercial uses applying for permits to expand
I. Microwave towers, T.V. towers, telephone towers, radio towers and cellular
telephone towers, provided that the minimum setback distances from all properly lines shall
be at least the height of the tower as measured from the ground to the towers uppermost
point.
J. Massage parlors*
K. Adult motion picture theatres*
L. Adult nightclub*
M. Adult bookstores*
N. Land Clearing and Inert Debris Landfill
(LCID Landfill), subject to the following requirements:
a. Size Requirement: No minimum size requirement
b. Access to a LCID Landfill must be from a road that is a State Department of
Transportation maintained road or private road, if it has a right -of -way width of
at least thirty (36) feet and a travel -way width of not less than twenty (20) feet.
Any access that does not abut one of the above roads, entrances, etc. must also
have a right -of -way width of not less than thirty (30) feet and a travel -way width
16
of twenty (20) feet. The travelway shall be constructed with five (5) inches of
aggregate base coarse, compacted, and adequately maintained in a dust free state
at all times as possible.
C. Buffer: A densely planted vegetative or dense natural vegetative strip or a
combination of the two that is not less than twenty (20) feet in width of continuous
evergreen or deciduous composition, consisting of trees, or shrubs native to the area,
which must not be less than six (6) feet in height within one (1) year, shall be
provided along the perimeter of the dump site (except for an ingress or egress that
shall not be more than thirty (30) feet in width). The planted and/or natural buffer
must be maintained in natural living conditions at all times by the property owner(s)
or leaseor(s).
d. Site Plan required showing:
(1) Names and addresses of property owners, operators, or developers
(2) Date, scale, and approximate north arrow
(3) Boundaries, scale, and approximate dimensions and bearings
(4) Show buffers and ingress/egress, and any other information
pertinent to the parcel
(5) Vicinity Map
(6) If the application is for an expansion, show the size and location of
any existing area being operated as a L.C.I.D. Landfill
(7) Any existing buildings on the properly as well as any existing land
uses
(9) A Driveway Permit issued by the North Carolina Department of
Transportation as to their approval must be received before the
Conditional Use Permit is officially released
(9) A permit or certification from the North Carolina Department of
Environment, Health and Natural Resources Solid Waste Section
must be received before the Conditional Use Permit is officially
released
A survey map may be used as a base map for the site plan.
O. Day Care and Elderly Care Facilities
* Subject to Additional Requirements in Section 1.7
1.3 Dimensional Requirements
The following regulations limiting the bulk and arrangement of buildings shall govern all
permitted uses in this district.
Minimum Lot Area - 1 acre = 43,560 square feet including any North Carolina Department
of Transportation right -of- -way
Minimum Lot Width - 150 feet as measured at the front property line or right -of -way line
except on the bulb of a cul- de-sac as specified in the Subdivision Regulations of Harnett
County.
Minimum Required Front Yard - 50 feet measured from the front property line or right -of
way line shall be devoted for sidewalks, grass, plants, and driveways - no off street parking shall
be allowed in the required front yard
Minimum Required Rear Yard - 25 feet measured from the rear property line unless adjacent
property is zoned residential (50 feet)
17
Minimum Required Side Yard - 25 feet measured from the side property lines, unless
adjacent property is zoned residential (50 feet)
Maximum Building Height - No maximum building height
1.4 Off - Street Parking and Loading (as required by Article VIII)
1.5 S� (as required by Article IX)
1.6 Buffers (as required by Article N, Section 8.0)
1.7 Location Standards - This use must be located not less than two thousand (2,000) feet from
any church, chapel, temple, synagogue, elementary, secondary or high school, technical
college, community college, college or university or any other adult entertainment facility
permitted by the Zoning Ordinance of Harnett County, dwelling unit or any area zoned for
residential use. The measurement is to be taken from the exterior walls of the building
containing the so regulated use and must meet the measurement requirements in the north,
south, east and west directions.
18
Section 2.0 Commercial Business District
It is the purpose of the Commercial/Business District to accommodate the widest variety of
commercial, wholesale, and retail businesses in areas that are best located and suited for such uses.
2.1 Permitted Uses
A. Retail shops and stores and service establishments whose operation is conducted
entirely within an enclosed building
B. Offices for business, professional, and governmental purposes
C. Special uses such as social halls, lodges, fraternal organizations, clubs, and similar
activities
D. Trades catering to households and business establishments
E. Motels, hotels, boarding and rooming houses, and other similar establishments
F. Religious uses including churches and other places of worship, religious education
buildings, and parish houses
G. Service stations and other auto oriented business establishments, excluding junkyards and
auto wrecking yards
H. Outdoor display, storage, or sale of vehicle or other equipment
I. Bona Fide Farm
J. Private owned public utility structures and facilities
K. One, temporary, residential building for a period of one year, non - renewable, when an
existing or proposed primary or secondary residence, located on the same lot, is deemed
uninhabitable due to renovation or construction.
L. Restaurants
M. Recycling collection centers
2.2 Conditional Uses
A. Planned Unit Development, except residential and Industrial
B. Junkyards and automobile wrecking yards and similar types of used material industries when
they are conducted within a structure or on a lot enclosed by a solid fence or a natural buffer
at least six (6) fed in height and provided that the Board of Adjustment finds that such
wrecking yard will not have an injurious effect on the public interest or welfare. No
junkyard or scrap processor shall be established within five hundred (500) fed of any
residentially developed area. A minimum front yard of at least one hundred (100) fed from
any street right -of -way shall he maintained.
C. Mining activities (as regulated by Article )(I)
D. Uses designated as permitted uses in the Industrial Zoning District (not including
outdoor advertising signs)
E. Existing industrial uses applying for permits to expand
F. Massage parlors*
G. Adult motion picture theatres*
H. Adult nightclub*
I. Adult bookstores*
J. Land Clearing and Inert Debris Landfill
(LCID Landfill), subject to the following requirements:
a. Size Requirement: No minimum size requirement
b. Access to a LCID Landfill must be from a road that is a State Department of
Transportation maintained road or private road, if it has a right -of -way width of at
least thirty (30) fed and a travel -way width of not less than twenty (20) feet. Any
access that does not abut one of the above roads, entrances, etc. must also have a
right -of -way width of not less than thirty (30) fed and a travel -way width of twenty
(20) fed. The travelway shall be constructed with five (5) inches of aggregate base
19
coarse, compacted, and adequately maintained in a dust free state at all times as
possible.
C. Buffer: A densely planted vegetative or dense natural vegetative strip or a
combination of the two that is not less than twenty (20) feet in width of continuous
evergreen or deciduous composition, consisting of trees, or shrubs native to the area,
which must not be less than six (6) feet in height within one (1) year, shall be
provided along the perimeter of the dump site (except for an ingress or egress that
shall not be more than thirty (30) feet in width). The planted and/or natural buffer
must be maintained in a natural living conditions at all times by the property
owner(s) or leaseor(s).
d. Site Plan required showing:
(1) Names and addresses of property owners, operators, or developers
(2) Date, scale, and approximate north arrow
(3) Boundaries, scale, and approximate dimensions and bearings
(4) Show buffers and ingress/egress, and any other information pertinent to
the parcel
(5) Vicinity Map
(6) If the application is for an expansion, show the size and location of any
existing area being operated as a L.C.I.D. Landfill
(7) Any existing buildings on the property as well as any existing land uses
(8) A Driveway Permit issued by the North Carolina Department of
Transportation as to their approval must be received before the
Conditional Use Permit is officially released
(9) A permit or certification from the North Carolina Department of
Environment, Health and Natural Resources Solid Waste Section must
be received before the Conditional Use Pemut is officially released
A survey map may be used as a base map for the site plan.
K. Day Care and Elderly Care Facilities
L. Recreational Vehicle Park **
* Subject to Additional Requirements in Section 2.7
"Subject to additional requirements in Section 2.8
2.3 Dimensional Requirements
The following regulations limiting the bulk and arrangement of buildings shall govern all permitted
and conditional uses in the district except those permitted in Planned Unit Developments.
Regulations for Planned Unit Developments are contained in Article X of this Ordinance.
Minimum Lot Area - 30,000 square feet including any North Carolina Department of Transportation
right -of -way
Minimum Lot Width - 100 feet as measured at the front property line or right -of -way line except on
the bulb of a cul -de-sac as specified in the Subdivision Regulations of Harnett County.
Minimum Required Front Yard - 35 feet measured from the front property line or right -of -way line
Minimum Required Rear Yard - 25 feet measured from the rear property line
Minimum Required Side Yard - There shall be no required side yard except where the lot abuts a lot
zoned residential. In such instance, the abutting side yard shall be at least 20 feet wide measured
from the side property line.
go
Maximum Building Height - 35 feet
Comer Lots - The yard on the side of the lot abutting the side street shall not be less than 20 feet.
Accessory buildings on the side of the lot abutting the side street shall not be closer to the lot line
abutting that side street than the distance specified for front yards of lots fronting on such side street.
2.4 Off Street Parking and Loading (as required by Article VAI)
2.5 Sign (as required by Article IX
2.6 Buffers (as required by Article IV, Section 8.0)
2.7 Location Standards - This use must be located not less than two thousand (2,000) feet from
any church, chapel, temple, synagogue, elementary, secondary or high school, technical
college, community college, college or university or any other adult entertainment facility
permitted by the Zoning Ordinance of Harnett County, dwelling unit or any area zoned for
residential use. The measurement is to be taken from the exterior walls of the building
containing the so regulated use and must meet the measurement requirements in the north,
south, east and west directions.
2.8 Recreational Vehicle Park Requirements-
Site Plan required by a registered engineer or licensed surveyor showing the following:
Size of Recreational Vehicle Park - All parks shall have a gross land area of at least three (3)
acres.
Size of Individual Recreational Vehicle Space -
Minimum Space Size: 1,000 Square Feet
Minimum Space Width: 20 Feet
Separation of Recreational Vehicle Spaces - Recreational Vehicles shall be separated from each
other and from other structures by at least ten (10) feet. No more than one recreational vehicle
may be parked on any one space and shall not be permitted on lots other than those approved
through these regulations.
Recreation Area - A recreation area will be developed and maintained that shall be located for
safe and convenient access to campers and shall meet the following size requirements:
Gross Land Area (Acres)
3.00 - 6.0
6.01 -9.0
>9,01
Percentage of Recreation Area
7%
6%
5%
Planting Strips - The park shall have a planting strip not less than ten (10) feet wide adjacent to
the park boundary and shall be maintained by the park owner. The planting strip shall be planted
with evergreen or deciduous tress, not more than eight (8) feet apart and shall not be a portion of
any recreational vehicle space, street or private drive.
Public Street Access - No recreational vehicle space within a park shall directly access a public
road and such access must be approved by the North Carolina Department of Transportation.
21
Access to all campers and accessory structures within the campground shall be made using
internal streets.
Minimum Standards for Internal Streets - Internal streets shall have a minimum width of fifteen
(15) feet and shall be compacted and layered with four (4) inches of aggregate base course. Cul-
de-sacs in a recreational vehicle park shall be limited to a maximum length of five hundred (500)
feet and shall be provided with a permanent turnaround not less than sixty (60) feet in diameter.
Maintenance of all internal streets and drainage facilities shall be the responsibility of the owner
of the campground.
Parking - Each recreational vehicle space shall have off -road parking for one trailer and parking
space for at least one (1) car. Each space shall be sited so that the parking, loading, or
maneuvering of a recreational vehicle shall not necessitate the use of any public street, sidewalk,
or right -of -way or any private grounds not part of the park.
Utilities - Installation and provision for water and sewage disposal shall be according to the
standards of the Harnett County Department of Public Utilities Comprehensive Water and Sewer
Plans and the Harnett County Health Department.
22
Section 3.0 Conservation District
The purpose of the conservation district is to encourage the preservation of and continued use of the
land for conservation purposes, to prohibit residential, commercial, and industrial use of the land in areas
subject to flooding. Lots in established subdivisions will be exempt from the no building requirements of the
conservation district, but must adhere to the use and setback requirements of the RA -30 Zoning District; and
all provisions of this Zoning Ordinance applicable to said District.
3.1 Permitted Uses
A. Bona Fide Farms
B. Nature and/or Wildlife Preserves
C. Forest Preserves
D. Passive Parks and Recreation Areas
3.2 Dimensional Requiremerrts
Within the Conservation District, as shown on the zoning map, there shall be no minimum
lot areas, widths, or yards required due to the exceptional physical characteristics of this
district.
The following dimensional requirements for the Conservation District shall apply:
A. Cape Fear River - five hundred (500) feet on each bank measured from the waters
edge at normal flow.
B. Black River - three hundred (300) feet on each side of the main channel as measured
at its center until the river intersects with S.R. 1532; from that point the district is two
hundred (200) feet on each side of the main channel as measured at its center.
C. Other Major Creeks - two hundred (200) feet on each side of the main channel.
23
Section 4.0 Residential/Agricultural District - RA -40
The RA40 Residential/Agricultural District is established exclusively as a single family residential
and agricultural district.
4.1 Permitted Use
A. Single Family Dwellings
B. Bona Fide Farms
C. Churches, Chapels, Temples, Synagogues
D. Rectories, Parsonages, Manses, Parish Houses
E. Schools, Colleges, Hospitals, Parks, Club Facilities, Community Centers
F. Family Care Facilities
G. Customary Home Occupations
H. One, temporary, residential building for a period of one year, non - renewable, when
an existing or proposed primary or secondary residence, located on the same lot, is deemed
uninhabitable due to renovation or construction.
I. Swimming Pools
a. swimming pools as permitted uses shall be located only in side or rear yards
at residences and in recreation areas at apartment complexes and manufactured
home parks.
b. Each swimming pool and any surrounding deck area shall be completely
enclosed by a solid fence not less than five (5) feet in height.
C. all gates providing access to swimming pools shall be lockable.
d. all swimming pools and surrounding deck areas shall be at least ten (10)
feet from any side or rear property line and shall comply with any other
setback requirements.
e. all buildings containing mechanical or chemical feeding equipment
associated with the operation of a pool shall be at least five (5) feet from any side or
rear property line and shall comply with any other setback requirements.
f. any lighting associated with a swimming pool shall be shielded or located
in a manner which will not adversely affect adjoining property or impair
visibility on adjacent streets, roads or highways.
g. installation of electrical wiring shall be in conformance with the National
Electrical Code and any applicable state and/or local codes; the pool shall be located
such that no existing utility owned supply or service drop conductors pass directly
over the pool or diving platform nor closer than fifteen (15) feet away from the
outside edge of the pool without the approval of such utility company.
h. a water discharge plan for the swimming pool shall be submitted with the
permit application showing property dimensions and other pertinent data; the water
discharge plan shall show that the waste water shall be discharged in one (1) of the
following ways:
(1) waste water shall drain directly into the street storm drainage
systan, other public storm drainage system, or roadway ditch or
(2) waste water may be disposed of on the property without threat of
discharge onto adjacent lots so long as such does not constitute a threat of
discharge onto adjacent properly streets or roadways.
I Recycling collection centers
K. One (1) recreational vehicle or travel trailer may be parked on the rear or side yard of a
lot where a church is located, and said recreational vehicle or travel trailer can be used as
living quarters by pastors, evangelists, missionaries, Gospel singing groups or church
workers affiliated with said church.
24
4.2 Conditional Uses
A. Planned Unit Developments, residential only
B. Grocery Stores and Business Establishments (convenience type)
C. Automobile Service Stations
D. Recreational Facilities
E. Restaurants
F. Offices for Business, Professional, and Governmental Services
G. Trades catering to households and business establishments
H. Recreational vehicles and travel trailers parked or stored in rear or side yard of any
lot; provided that no living quarters shall be maintained, nor any business conducted therein
while such recreational vehicle or travel trailer is so parked or stored (not subject to lot size
requirements).
1. Microwave towers, T.V. towers, telephone towers, radio towers and cellular
telephone towers, provided that the minimum setback distances from all property lines shall
be at least the height of the tower as measured from the ground to the tower's uppermost
point.
J. Privately owned Public Utility Structures and Facilities
K. Mining activities (as regulated by Article )(I)
L. Land application of sludge or petroleum contaminated soft (as regulated by the State
of North Carolina)
M. Land Clearing and Inert Debris Landfill
(LCID Landfill), subject to the following requirements:
a. Size Requirement: No minimum size requirement
b. Access to a LCID Landfill must be from a road that is a State Department
of Transportation maintained road or private road, if it has a right -of -way width of at
least thirty (30) feet and a travel -way width of not less than twenty (20) feet. Any
access that does not abut one of the above roads, entrances, etc. must also have a
right -of -way width of not less than thirty (30) feet and a travel -way width of twenty
(20) feet. The travehvay shall be constructed with five (5) inches of aggregate base
coarse, compacted, and adequately maintained in a dust free state at all times as
possible.
C. Buffer: A densely planted vegetative or dense natural vegetative strip or a
combination of the two that is not less than twenty (20) feet in width of
continuous evergreen or deciduous composition, consisting of trees, or
shrubs native to the area, which must not be less than six (6) feet in height
within one (1) year, shall be provided along the perimeter of the dump site
(except for an ingress or egress that shall not be more than thirty (30) feet in
width). The planted and/or natural buffer must be maintained in a natural
living conditions at all times by the property owner(s) or leaseor(s).
d. Site Plan required showing:
(1) Names and addresses of property owners, operators, or developers
(2) Date, scale, and approximate north arrow
(3) Boundaries, scale, and approximate dimensions and bearings
(4) Show buffers and ingress/egress, and any other information pertinent to
the parcel
(5) Vicinity Map
(6) If the application is for an expansion, show the size and location of any
existing area being operated as a L.C.I.D. Landfill
(7) Any existing buildings on the property as well as any existing land uses
(8) A Driveway Permit issued by the North Carolina Department of
Transportation as to their approval must be received before the
Conditional Use Permit is officially released
25
(9) A permit or certification from the North Carolina Department of
Environment, Health and Natural Resources Solid Waste Section must
be received before the Conditional Use Permit is officially released
A survey map may be used as a base map for the site plan.
N. Day Care and Elderly Care Facilities
4.3 Dimensional Requirements
The following regulations limiting the bulk and arrangement of buildings shall govern all
permitted and conditional uses in the district except those permitted in Planned Unit
Developments. Regulations for Planned Unit Developments are contained in Article X of
the Ordinance.
Minimum Lot Area - 40,000 square feet, 35,000 square feet with public water and/or sewer
including any North Carolina Department of Transportation right -of -way
Minimum Lot Width - 150 feet as measured at the front property line or right -of -way line
except on the bulb of a cul- de-sac as specified in the Subdivision Regulations of Harnett
County.
Minimum Required Front Yard - 35 feet (excluding steps) from the property line or the
right -of way line
Minimum Required Rear Yard - 25 feet (excluding steps) measured from the rear property
line
Minimum Required Side Yard - 10 feet measured from the side property lines (see also
requirements for corner lots)
Maximum Building Height - 35 feet
Corner Lots - The yard on the side of the lot abutting the side street shall not be less than 20
feet. Accessory buildings on the side of the lot abutting the side street shall not be closer to
the lot line abutting that side street than the distance specified for front yards of lots fronting
on such side street.
4.4 Off -Strcet Parking and Loading (as required by Article VIII)
4.5 Sign (as required by Article IX)
26
Section 5.0 Residential/Agricultural District - RA -30
The RA -30 Residential/Agricultural District is established as primarily a single family residential
district, but includes occasional two-family and multi -family structures.
5.1 Permitted Uses
A. Single Family, Two Family Dwellings
B. Customary Home Occupations
C. Bona Fide Farms
D. Churches, Chapels, Temples, Synagogues
E. Rectories, Parsonages, Manses, Parish Houses
F. Schools, Colleges, Hospitals, Parks, Club Facilities, Community Centers
G. Family Care Facilities
H. One, temporary, residential building for a period of one year, non - renewable, when
an existing or proposed primary or secondary residence, located on the same lot, is deemed
uninhabitable due to renovation or construction.
I. Recreational vehicles and travel trailers parked or stored in rear or side yard of any
lot; provided that no living quarters shall be maintained, nor any business conducted
therein while such recreational vehicle or travel trailer is so parked or stored (not subject to
lot size requirements).
J. Swimming Pools
a. swimming pools as permitted uses shall be located only in side or rear yards
at residences and in recreation areas at apartment complexes and
manufactured home parks.
b. Each swimming pool and any surrounding deck area shall be completely
enclosed by a solid fence not less than five (5) feet in height
C. all gates providing access to swimming pools shall be lockable.
d. all swimming pools and surrounding deck areas shall be at least ten (10)
feet from any side or rear property line and shall comply with any other
setback requirements.
e. all buildings containing mechanical or chemical feeding equipment
associated with the operation of a pool shall be at least five (5) feet from
any side or rear property line and shall comply with any other setback
requirements.
f. any lighting associated with a swimming pool shall be shielded or located
in a manner which will not adversely affect adjoining property or impair
visibility on adjacent streets, roads or highways.
g, installation of electrical wiring shall be in conformance with the National
Electrical Code and any applicable state and/or local codes; the pool shall be located
such that no existing utility owned supply or service drop conductors pass directly
over the pool or diving platform nor closer than fifteen (15) feet away from the
outside edge of the pool without the approval of such utility company.
h. a water discharge plan for the swimming pool shall be submitted with the
permit application showing property dimensions and other pertinent data; the water
discharge plan shall show that the waste water shall be discharged in one (1) of the
following ways:
(1) waste water shall drain directly into the street storm drainage
system, other public storm drainage system, or roadway ditch or
(2) waste water may be disposed of on the property without threat of
discharge onto adjacent lots so long as such does not constitute a threat of
discharge onto adjacent property streets or roadways.
K. Recycling collection centers
27
L. Multi- Section Manufactured Homes meeting the following appearance standards:
1. The structure must be a multi - section unit built to the H.U.D. code for manufactured
homes.
2. When located on the site, the longest axis of the unit must be parallel to the lot
frontage.
3. The structure must have a pitched roof that is covered with shingles.
4. The structure must have masonry underpinning that is continuous, permanent and
unpierced except for ventilation and access.
5. The exterior siding must be horizontal lap siding consisting predominantly of vinyl,
aluminum, wood or hardboard.
6. The minimum lot size must be one (1) acre excluding any street right -of -way and the
minimum lot frontage must be 150 feet as measured at the right -of -way line or along
an easement whichever applies.
7. The tongue or towing device must be removed
M. One (1) recreational vehicle or travel trailer may be parked on the rear or side yard of a
lot where a church is located, and said recreational vehicle or travel trailer can be used as
living quarters by pastors, evangelists, missionaries, Gospel singing groups or church
workers affiliated with said church.
5.2 Conditional Uses
A. Grocery Stores and Business Establishments (Convenience Type)
B. Automobile Service Stations
C. Recreational Facilities
D. Mining Activities (as regulated by Article XI)
E. Restaurants
F. Offices for Business, Professional, and Governmental Services
G. Private owned public utility structures and facilities
H. Planned Unit Developments, Residential Only (See Note Section)
I. Apartments and other multifamily structures with three or more units which meet
the following requirements and, where applicable, the Harnett County Watersupply
Watershed Regulations:
(a) Maximum of nine apartments per acre developed
(b) Minimum of 15% of the area developed set aside for recreational use:, at
least 50/o of which must be active recreation (golf courses, basketball courts, swings
etc.) All recreation areas must be equipped and maintained by the developer.
(c) All site plans must be accompanied by a certification of sewage disposal,
which states that the sewage system can handle its current load as well as the
additional load from the apartments. The certification for private sewer systems
must come from the State of North Carolina. The certification for public sewage
disposal must come from the Harnett County Utilities Director.
J. Trades and similar enterprises catering to households and business establishments
IC Kennels, riding stables and other similar land uses
L. Day care and Elderly Care Facilities
M. Existing commercial uses applying for permits to expand
N. Existing industrial uses applying for permits to expand
O. Microwave towers, T.V. towers, telephone towers, radio towers and cellular
telephone towers, provided that the minimum setback distances from all property
lines shall be at lust the height of the tower as measured from the ground to the
tower's uppermost point
P. Land application of sludge or petroleum contaminated soil (as regulated by the State
of North Carolina)
Q. Manufactured Homes
28
R. Land Clearing and Inert Debris Landfill
(L.CID Landfill), subject to the following requirements:
a. Size Requirement: No minimum size requirement
b. Access to a LCID Landfill must be from a road that is a State Department of
Transportation maintained road or private road, if it has a right -of -way width of at
least thirty (30) feet and a travel -way width of not less than twenty (20) feet. Any
access that does not abut one of the above roads, entrances, etc, must also have a
right -of -way width of not less than thirty (30) feet and a travel -way width of twenty
(20) feet. The travelway shall be constructed with five (5) inches of aggregate base
coarse, compacted, and adequately maintained in a dust free state at all tunes as
possible.
C. Buffer: A densely planted vegetative or dense natural vegetative strip or a
combination of the two that is not less than twenty (20) feet in width of continuous
evergreen or deciduous composition, consisting of trees, or shrubs native to the area,
which must not be less than six (6) feet in height within one (1) year, shall be
provided along the perimeter of the dump site (except for an ingress or egress that
shall not be more than thirty (30) feet in width). The planted and/or natural buffer
must be maintained in a natural living conditions at all times by the property
owner(s) or leaseor(s).
d. Site Plan required showing:
(1) Names and addresses of property owners, operators, or developers
(2) Date, scale, and approximate north arrow
(3) Boundaries, scale, and approximate dimensions and bearings
(4) Show buffers and ingress/egress, and any other information pertinent to
the parcel
(5) vicinity Map
(6) If the application is for an expansion, show the size and location of any
existing area being operated as a L.C.I.D. Landfill
(7) Any existing buildings on the property as well as any existing land uses
(S) A Driveway Permit issued by the North Carolina Department of
Transportation as to their approval must be received before the
Conditional Use Permit is officially released
(9) A permit or certification from the North Carolina Department of
Environment, Health and Natural Resources Solid Waste Section must
be received before the Conditional Use Permit is officially released
A survey map may be used as a base map for the site plan.
S. Condominium Developments **
T. Townhome Developments * **
* NOTE: All conditional uses subject to site plan requirements (See Article IV, Section S).
** Subject to Additional Requirements in Section 5.6
* ** Subject to Additional Requirements in Section 5.7
5.3 Dimensional Requirements
The following regulations limiting the bulk and arrangement of buildings shall
govern all permitted and conditional uses in the district except those permitted in Planned
Unit Developments. Regulations for Planned Unit Developments are contained in Article X
of this Ordinance.
Minimum Lot Area - For each Dwelling Unit 30,000 square feet, 25,000 square feet with
public water and/or public sewer, including any North Carolina Department of
Transportation right -of -way
29
Minimum Lot Width - 100 feet as measured at the front property line or right -of -way line
except on the bulb of a cul- de-sac as specked in the Subdivision Regulations of Harnett
County
Minimum Required Front Yard - 35 feet (excluding steps) measured from the front property
line or right -of way line
Minimum Required Rear Yard - 25 feet (excluding steps) measured from the rear property
line
Minimum Required Side Yard -10 feet measured from the side property lines (see also
requirements for corner lots)
Maximum Building Height - 35 feet
Corner Lots - The yard on the side of the lot abutting the side street shall not be less than 20
feet. Accessory buildings on the side of the lot abutting the side street shall not be closer to
the lot line abutting on that side street than the distance specified for front yards of lots
fronting on such side street.
5.4 Off - Street Parking and Loading (as required by Article VIII)
5.5 Signs (as required by Article IX)
5.6 Condominium Developments
Condominium developments built within the planning jurisdiction of Harnett County are
subject to the following special conditions and requirements and all other applicable ordinances.
A. A declaration establishing a condominium development must be prepared which
satisfies the requirements of the N.C. Unit Ownership Act (G.S. 47A -1 et seq.). This
declaration shall be filed with the plans for the development. The plans and declaration
shall be submitted with the Conditional Use Permit application
B. Residential density shall not exceed nine (9) dwelling units per acre and shall meet any
applicable Watersupply Watershed Ordinance requirements.
C. A minimum of 15% of the tract must be set aside for recreation. Of the total set aside 5%
of the area must be developed for active recreation. This area must be installed and
maintained by the developer until ownership is transferred to the Homeowner's
Association.
D. Private roads are permitted; however, the declaration must contain a statement addressing
road maintenance and ownership. All roads within a condominium development, whether
private or public, shall be paved.
E. Parking spaces are required at the rate of 1 %2 spaces per dwelling unit. Each parking
space shall be no less than 9'x20'.
F. Parking lots shall be paved and all driveways shall meet the current N.C. Department of
Transportation standards for driveways.
G. When parking lots are within the required front yard, the minimum front yard shall be
increased by an additional 20 feet.
H. Separation between buildings within the development shall be according to the North
Carolina Building Code, Volume I, General Construction.
KII
I. The minimum setback requirements for the front, rear and side yards as specified in the
County's Zoning Ordinance shall apply. For buildings located on the periphery of a
development, the minimum side yard requirement for the respective zoning districts shall
be met.
J. Maximum building height, minimum lot size, yard requirements except as noted
elsewhere, and minimum lot frontage shall meet the requirements of the applicable
zoning districts.
K. All plats shall show Parcel Identification Numbers, net acreage and gross acreage.
Recordation of the declaration and plan shall be completed by the developer or his agent
within ninety (90) calendar days following approval by the Board of Commissioners or such
approval shall be null and void.
5.7 Townhome Developments
Townhome developments are subject to the following special conditions and
requirements as well as all other applicable ordinances.
A. In a townhome development in which any facilities such as but not limited to streets,
parking areas, recreation facilities and common open space are to be held and maintained
in common ownership a Homeowner's Association shall be organized. Documents
showing the association's organizational structure and by -laws as well as a master
development plan for the property shall be filed with the Planning Department. For
townhome developments, the aforementioned documents shall become part of the
application for a conditional use permit. Following the granting of a conditional use
permit by the Board of Adjustment, the plans and related documents shall be reviewed by
the Planning Board and approved by the Board of Commissioners since the subdivision
of land is involved. All townhome units shall be subject to the conveyance of a fee-
simple lot.
B. The organizational documents and by -laws shall include, but are not limited to, the
following:
The Homeowner's Association shall be established before any lots are sold.
Membership shalt be mandatory for each buyer and any successive buyer.
The developer shall be responsible for all maintenance and other responsibilities
of the Homeowner's Association until sixty percent (60 %) of all units to be sold
are sold. After sixty percent (60 %) of all units are sold, the Homeowner's
Association shall levy assessments and assume its responsibilities.
The Homeowner's Association shall be responsible for liability insurance, taxes
and maintenance of all recreation facilities, grounds and common areas. Any
sums levied by the Homeowner's Association that remain unpaid shall become a
lien on the individual property.
The Homeowner's Association shall be able to adjust the assessment to meet
changing needs.
C. Residential density shall not exceed nine (9) dwelling units per acre and shall meet any
applicable Watersupply Watershed Ordinance requirements.
D. A minimum of 15% of the tract must be set aside for recreation. Of the total set aside 5%
of the area must be developed for active recreation. This area must be installed and
maintained by the developer until ownership of the recreation area is transferred to the
Homeowner's Association.
E. All roads, whether private or public, shall be paved. Once ownership of the private roads
has been transferred to the Homeowner's Association the association shall assume
maintenance of such roads.
31
F. When parking lots are located within the required front yard, the minimum front yard for
each unit shall be increased by an additional twenty (20) feet. All parking lots shall be
paved and each parking space shall be at least 9'x20'. All driveways shall meet the
current N.C. Department of Transportation standards.
G. All walls between individual units and separation between individual buildings within the
development shall be according to the North Carolina Building Code, Volume 1, General
Construction.
H. Buildings on the periphery of the development shall meet the side yard requirements for
the respective zoning districts.
1. Maximum building height and yard requirements except as requirements of the
applicable zoning district.
J. A maximum lot size is not established for individual townhouse lots. However, all
individual lots shall meet the following minimum requirements: lot width of twenty (20)
feet; lot frontage on a public street, private street or parking lot of twenty (20) feet; front
yard setback of thirty-five (35) feet if the parking lot is located elsewhere; front yard
setback of fifty -five (55) feet if the parking lot is within the front yard and rear yard
setback of twenty-five (25) feet. For buildings located on the periphery of a
development, the minimum side yard requirement is 10 feet unless it's a corner lot in
which case the minimum side yard is 20 feet.
K. All plats shall show Parcel Identification Numbers, net acreage for each lot and gross
acreage for the entire subdivision.
Recordation of the organizational papers, by -laws and final plat shall be completed by the
developer or his agent within ninety (90) calendar days following approval by the Board of
Commissioners or such approval shall be null and void.
32
_Section 6.0 Residential/ARricultural District RA -20M
The RA -20M ResidentiaUAgricultural District is established primarily to support high density
development. Inclusive in such developments are single family dwellings, multi -family dwellings, duplexes,
and manufactured home parks.
6.1 Permitted Uses
A. Single Family, Two Family Dwellings
B. Customary Home Occupations
C. Bona Fide Fames
D. Churches, Chapels, Temples, Synagogues
E. Rectories, Parsonages, Manses, Parish Houses
F. Schools, Colleges, Hospitals, Parks, Club Facilities, Community Centers
G. Manufactured Homes
H. Manufactured Home Parks (See Section 6.7)
I. Apartments and other multifamily structures with three or more units which meet
the following requirements and, where applicable, the Harnett County Watersupply
Watershed Regulations:
(a) Maximum of nine apartments per acre developed
(b) Minimum of 15% of the area developed set aside for recreational use, at
least 5% of which must be active recreation (golf courses, basketball courts, swings
etc.) All recreation areas must be equipped and maintained by the developer.
(c) All site plans must be accompanied by a certification of sewage disposal,
which states that the sewage system can handle its current load as well as the
additional load from the aparhnents. The certification for private sewer systems
must come from the State of North Carolina. The certification for public sewage
disposal must come from the Harnett County Utilities Director.
J. Family Care Facilities
IC. One, temporary, residential building for a period of one year, non - renewable, when
an existing or proposed primary or secondary residence, located on the same lot, is
deemed uninhabitable due to renovation or construction.
L. Recreational vehicles and travel trailers parked or stored in rear or side yard of any
krt; provided that no living quarters shall be maintained, nor any business conducted
therein while such recreational vehicle or travel trailer is so parked or stored (not subject to
lot size requirements).
M. Swimming Pools
a. swimming pools as permitted uses shall be located only in side or rear yards
at residences and in recreation areas at apartment complexes and manufactured
home parks.
b. Each swimming pool and any surrounding deck area shall be completely
enclosed by a solid fence not less than five (5) feet in height
C. all gates providing access to swimming pools shall be lockable.
d. all swimming pools and surrounding deck areas shall be at least ten (10)
feet from any side or rear property line and shall comply with any other setback
requirements.
e. all buildings containing mechanical or chemical feeding equipment
associated with the operation of a pool shall be at least five (5) feet from
any side or rear property line and shall comply with any other setback
requirements.
f. any lighting associated with a swimming pool shall be shielded or located
in a manner which will not adversely affect adjoining property or impair
visibility on adjacent streets, roads or highways.
g, installation of electrical wiring shall be in conformance with the National
33
Electrical Code and any applicable state and/or local codes; the pool shall be located
such that no existing utility owned supply or service drop conductors pass directly
over the pool or diving platform nor closer than fifteen (15) feet away from the
outside edge of the pool without the approval of such utility company.
h. a water discharge plan for the swimming pool shall be submitted with the
permit application showing property dimensions and other pertinent data; the water
discharge plan shall show that the waste water shall be discharged in one (1) of the
following ways:
(]) waste water shall drain directly into the street storm drainage
system, other public storm drainage system, or roadway ditch or
(2) waste water may be disposed of on the property without threat of
discharge onto adjacent lots so long as such does not constitute a threat of
discharge onto adjacent property streets or roadways.
N. Recycling collection centers
O. One (1) recreational vehicle or travel trailer may be parked on the rear or side yard of a
lot where a church is located, and said recreational vehicle or travel trailer can be used as
living quarters by pastors, evangelists, missionaries, Gospel singing groups or church
workers affiliated with said church.
6.2 Conditional Uses
A. Automobile Service Stations
B. Grocery Stores and Business Establishments (Convenience Type)
C. Recreational Facilities
D. Restaurants
E. Planned Unit Developments, Residential Only
F. Offices for Business, Professional, and Governmental Services
G. Private owned public utility structures and facilities
H. Trades and similar enterprises catering to households and business establishments
I. Day care and Elderly Care Facilities
J. Existing commercial uses applying for permits to expand
K. Existing industrial uses applying for permits to expand
L. Microwave towers, T.V. towers, telephone towers, radio towers and cellular
telephone towers, provided that the minimum setback distances from all property Tires shall
be at least the height of the tower as measured from the ground to the towers uppermost
point.
M. Mining activities (as regulated by Article XI)
N. Land application of sludge or petroleum contaminated soil (as regulated by the State
of North Carolina)
O. Land Clearing and Inert Debris Landfill
(LCID Landfill), subject to the following requirements:
a. Size Requirement: No minimum size requirement
b. Access to a LCID Landfill must be from a road that is a State Department
of Transportation maintained road or private road, if it has a right -of -way width of at
least thirty (30) feet and a travel -way width of not less than twenty (20) feet. Any
access that does not abut one of the above roads, entrances, etc. must also have a
right -of -way width of not less than thirty (30) feet and a travel -way width of twenty
(20) feet. The travelway shall be constructed with five (5) inches of aggregate base
coarse, compacted, and adequately maintained in a dust free state at all times as
possible.
C. Buffer: A densely planted vegetative or dense natural vegetative strip or a
34
combination of the two that is not less than twenty (20) fed in width of continuous
evergreen or deciduous composition, consisting of trees, or shrubs native to the area,
which must not be less than six (6) feet in height within one (1) year, shall be
provided along the perimeter of the dump site (except for an ingress or egress that
shall not be more than thirty (30) fed in width). The planted and/or natural buffer
must be maintained in a natural fiving conditions at all times by the property
owner(s) or leaseor(s).
d. Site Plan required showing:
(1) Names and addresses of property owners, operators, or developers
(2) Date, scale, and approximate north arrow
(3) Boundaries, scale, and approximate dimensions and bearings
(4) Show buffers and ingress/egress, and any other information pertinent to
the parcel
(5) Vicinity Map
(6) If the application is for an expansion, show the size and location of any
existing area being operated as a L.C.I.D. Landfdl
(7) Any existing buildings on the property as well as any existing land uses
(8) A Driveway Permit issued by the North Carolina Department of
Transportation as to their approval must be received before the
Conditional Use Permit is officially released
(9) A permit or certification from the North Carolina Department of
Environment, Health and Natural Resources Solid Waste Section must
be received before the Conditional Use Permit is officially released
A survey map may be used as a base map for the site plan.
P. Condominium Developments **
Q. Townhouse Developments * **
* NOTE: All conditional uses subject to site plan requirements (see Article N, Section 8).
** Subject to Additional Requirements in Section 6.8
*•* Subject to Additional Requirements in Section 6.9
6.3 Dimensional Requirements
The following regulations limiting the bulk and arrangement of buildings shall
govern all permitted and conditional uses in the district except those permitted in Planned
Unit Developments. Regulations for Planned Unit Developments are contained in Article X
of the Ordinance.
Minimum Lot Area - For each Dwelling Unit 20,000 square feet, 15,000 square feet with
public water and/or sewer and excluding any North Carolina Department of Transportation
right -of -way except where Harnett County Watersupply Watershed Regulations apply.
Minimum Lot Width - 80 feet as measured at the front property line or right -of -way line
except on the bulb of a cul- de-sac as specified in the Subdivision Regulations of Harnett
County.
Minimum Required Front Yard - 35 fed (excluding steps) measured from the front property
line or right -of way line.
Minimum Required Rear Yard - 25 feet (excluding steps) measured from the rear property
line
Minimum Required Side Yard - 10 fed measured from the side property lines (see also
35
requirements for corner lots)
Maximum Building Height - 35 feet
Comer Lots - The yard on the side of the lot abutting the side street shall not be less than 20
feet. Accessory buildings on the side of the lot abutting the side street shall not be closer to the lot
line abutting on that side street than the distance specified for front yards of lots fronting on such side
street.
6.4 Off - Street Parking and Loading (as required in Article VIII)
6.5 Sites (as required in Article IX)
6.6 Buffers (as required in Article IV, Section 8.0)
6.7 Manufactured Home Parks Must Meet The Requirements of The Manufactured Home Park
Ordinance of Harnett County As It May Exist From Time To Time.
6.8 Condominium Developments
Condominium developments built within the planning jurisdiction of Harnett County are
subject to the following special conditions and requirements and all other applicable ordinances.
A. A declaration establishing a condominium development must be prepared which
satisfies the requirements of the N.C. Unit Ownership Act (G.S. 47A -1 et seq.). This
declaration shall be filed with the plans for the development. The plans and declaration
shall be submitted with the Conditional Use Permit application
B. Residential density shall not exceed nine (9) dwelling units per acre and shall meet any
applicable Watersupply Watershed Ordinance requirements.
C. A minimum of 15% of the tract must be set aside for recreation. Of the total set aside 5%
of the area must be developed for active recreation. This area must be installed and
maintained by the developer until ownership is transferred to the Homeowner's
Association.
D. Private roads are permitted; however, the declaration must contain a statement addressing
road maintenance and ownership. All roads within a condominium development, whether
private or public, shall be paved.
E. Parking spaces are required at the rate of P/2 spaces per dwelling unit. Each parking
space shall be no less than 9'x20'.
F. Parking lots shall be paved and all driveways shall meet the current N.C. Department of
Transportation standards for driveways.
G. When parking lots are within the required front yard, the minimum front yard shall be
increased by an additional 20 feet.
H. Separation between buildings within the development shall be according to the North
Carolina Building Code, Volume I, General Construction.
I. The minimum setback requirements for the front, rear and side yards as specified in the
County's Zoning Ordinance shall apply. For buildings located on the periphery of a
development, the minimum side yard requirement for the respective zoning districts shall
be met.
J. Maximum building height, minimum lot size, yard requirements except as noted
elsewhere, and minimum lot frontage shall meet the requirements of the applicable
zoning districts.
K. All plats shall show Parcel Identification Numbers, net acreage and gross acreage.
36
Recordation of the declaration and plan shall be completed by the developer or his agent
within ninety (90) calendar days following approval by the Board of Commissioners or such
approval shall be null and void.
6.9 Townhome Developments
Townhome developments are subject to the following special conditions and requirements as
well as all other applicable ordinances.
A. In a townhome development in which any facilities such as but not limited to streets,
parking areas, recreation facilities and common open space are to be held and maintained
in common ownership a Homeowner's Association shall be organized. Documents
showing the association's organizational structure and by -laws as well as a master
development plan for the property shall be filed with the Planning Department. For
townhome developments, the aforementioned documents shall become part of the
application for a conditional use permit. Following the granting of a conditional use
permit by the Board of Adjustment, the plans and related documents shall be reviewed by
the Planning Board and approved by the Board of Commissioners since the subdivision
of land is involved. All townhome units shall be subject to the conveyance of a fee -
simple lot.
B. The organizational documents and by -laws shall include, but are not limited to,
the following:
The Homeowner's Association shall be established before any lots are sold.
Membership shall be mandatory for each buyer and any successive buyer.
The developer shall he responsible for all maintenance and other responsibilities
of the Homeowner's Association until sixty percent (60 %) of all units to be sold
are sold. After sixty percent (60 %) of all units are sold, the Homeowner's
Association shall levy assessments and assume its responsibilities. The Homeowner's
Association shall be responsible for liability insurance, taxes and maintenance of all
recreation facilities, grounds and common areas. Any sums levied by the Homeowner's
Association that remain unpaid shall become a
lien on the individual property. The Homeowner's Association shall be able to
adjust the assessment to meet changing needs.
C. Residential density shall not exceed nine (9) dwelling units per acre and shall
meet any applicable Watersupply Watershed Ordinance requirements.
D. A minimum of 15% of the tract must be set aside for recreation. Of the total set aside 5%
of the area must be developed for active recreation. This area must be installed and
maintained by the developer until ownership of the recreation area is transferred to the
Homeowner's Association.
E. All roads, whether private or public, shall be paved. Once ownership of the private roads
has been transferred to the Homeowner's Association the association shall assume
maintenance of such roads.
F. When parking lots are located within the required front yard, the minimum front yard for
each unit shall be increased by an additional twenty (20) feet. All parking lots shall be
paved and each parking space shall be at least 9'x20'. All driveways shall meet the
current N.C. Department of Transportation standards.
G. All walls between individual units and separation between individual buildings within the
development shall be according to the North Carolina Building Code, Volume 1, General
Construction.
H. Buildings on the periphery of the development shall meet the side yard requirements for
the respective zoning districts.
1. Maximum building height and yard requirements except as requirements of the
applicable zoning district.
37
J. A maximum lot size is not established for individual townhouse lots. However, all
individual lots shall meet the following minimum requirements: lot width of twenty (20)
feet; lot frontage on a public street, private street or parking lot of twenty (20) feet; front
yard setback of thirty -five (35) feet if the parking lot is located elsewhere; front yard
setback of fifty -five (55) feet if the parking lot is within the front yard and rear yard
setback of twenty-five (25) feet. For buildings located on the periphery of a
development, the minimum side yard requirement is 10 feet unless it's a corner lot in
which case the minimum side yard is 20 feet.
K. All plats shall show Parcel Identification Numbers, net acreage for each lot and gross
acreage for the entire subdivision.
Recordation of the organizational papers, by -laws and final plat shall be completed by the
developer or his agent within ninety (90) calendar days following approval by the Board of
Commissioners or such approval shall be null and void.
38
Section 7 0 Residential/Agricultural District - RA -20R
The RA -20 -R Residential/Agricultural District is established primarily to support high density
development. Inclusive in such development is single family dwellings, multi - family dwellings, and
duplexes.
7.1 Permitted Uses
A. Single Family, Two Family Dwellings
B. Customary Home Occupations
C. Bona Fide Farms
D. Churches, Chapels, Temples, Synagogues
E. Rectories, Parsonages, Manses, Parish Houses
F. Schools, Colleges, Hospitals, Parks, Club Facilities, Community Centers
G. Manufactured Homes with pitched roofs, underpinning, and removal, landscaping,
or underpinning of the moving apparatus
H. Family Care Facilities
1. One, temporary, residential building for a period of one year, non - renewable, when
an existing or proposed primary or secondary residence, located on the same lot, is
deemed uninhabitable due to renovation or construction.
J. Recreational vehicles and travel trailers parked or stored in rear or side yard of any
lot; provided that no living quarters shall be maintained, nor any business conducted therein
while such recreational vehicle or travel trailer is so parked or stored (not subject to lot size
requirements).
K. Swimming Pools
a. swimming pools as permitted uses shall be located only in side or rear yards
at residences and in recreation areas at apartment complexes and manufactured
home parks.
b. Each swi nming pool and any surrounding deck area shall be completely
enclosed by a solid fence not less than five (5) feet in height.
C. all gates providing access to swimming pools shall be lockable.
d. all swimming pools and surrounding deck areas shall be at least ten (10)
feet from any side or rear property line and shall comply with any other setback
requirements.
e. all buildings containing mechanical or chemical feeding equipment
associated with the operation of a pool shall be at least five (5) feet from any side or
rear property line and shall comply with any other setback requirements.
f. any fighting associated with a swimming pool shall be shielded or located
in a manner which will not adversely affect adjoining property or impair visibility
on adjacent streets, roads or highways.
g, installation of electrical wiring shall be in conformance with the National
Electrical Code and any applicable state and/or local codes; the pool shall
be located such that no existing utility owned supply or service drop conductors
pass directly over the pool or diving platform nor closer than fifteen (15) feet away
from the outside edge of the pool without the approval of such utility company.
h. a water discharge plan for the swimming pool shall be submitted with the
permit application showing property dimensions and other pertinent data;
the water discharge plan shall show that the waste water shall be discharged in one
(1) of the following ways:
(1) waste water shall drain directly into the street storm drainage
system, other public storm drainage system, or roadway ditch or
(2) waste water may be disposed of on the property without threat of
WJ
discharge onto adjacent lots so long as such does not constitute a threat of
discharge onto adjacent property streets or roadways.
L. Recycling collection centers
M. One (1) recreational vehicle or travel trailer may be parked on the rear or side yard of a
lot where a church is located, and said recreational vehicle or travel trailer can be used as
living quarters by pastors, evangelists, missionaries, Gospel singing groups or church
workers affiliated with said church.
7.2 Conditional Uses
A. Automobile Service Stations
B. Grocery Stores and Business Establishments (Convenience Type)
C. Recreational Facilities
D. Restaurants
E. Planned Unit Developments, Residential Only
F. Offices for Business, Professional, and Governmental Services
G. Private owned public utility structures and facilities
H. Trades and similar enterprises catering to households and business establishments
1. Day care and Elderly Care Facilities
J. Manufactured Homes which do not meet the criteria specified in G above under
permitted uses
K. Apartments and other multi-family structures with three or more units which meet
the following requirements and, where applicable, the Harnett County Watersupply
Watershed Regulations:
(a) Maximum of nine apartments per acre developed
(b) Minimum of 15% of the area developed set aside for recreational use, at
least 5% of which must be active recreation (golf courses, basketball courts, swings
etc.) All recreation areas must be equipped and maintained by the developer.
(c) All site plans must be accompanied by a certification of sewage disposal,
which states that the sewage system can handle its current load as well as the
additional load from the apartments. The certification for private sewer systems
must come from the State of North Carolina. The certification for public sewage
disposal must come from the Harnett County Utilities Director.
L. Existing industrial uses applying for permits to expand
M. Existing Commercial uses applying for permits to expand.
N. Microwave towers, T.V. towers, telephone towers, radio towers and cellular
telephone towers, provided that the minimum setback distances from all property lines shall
be at least the height of the tower as measured from the ground to the tower's uppermost
point.
O. Mining activities (as regulated by Article XI)
P. Land application of sludge or petroleum contaminated soil (as regulated by the State
of North Carolina)
Q. Land Clearing and Inert Debris Landfill
(LCID Landfill), subject to the following requirements:
a. Size Requirement: No minimum size requirement
b. Access to a LCID Landfill must be from a road that is a State Department of
Transportation maintained road or private road, if it has a right -0f - -way width of at least
thirty (30) feet and a travel -way width of not less than twenty (20) feet. Any access that
does not abut one of the above roads, entrances, etc. must also have a right -of -way width
of not less than thirty (30) feet and a travel -way width of twenty (20) feet. The
travelway shall be constructed with five (5) inches of aggregate base coarse, compacted,
and adequately maintained in a dust free state at all times as possible.
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c. Buffer: A densely planted vegetative or dense natural vegetative strip or a combination
of the two that is not less than twenty (20) fed in width of continuous evergreen or
deciduous composition, consisting of trees, or shrubs native to the area, which must not
be less than six (6) fed in height within one (1) year, shall be provided along the
perimeter of the dump site (except for an ingress or egress that shall not he more than
thirty (30) feet in width). The planted and/or natural buffer must be maintained in a
natural fiving conditions at all times by the property owner(s) or leaseor(s).
d. Site Plan required showing:
(1) Names and addresses of property owners, operators, or developers
(2) Date, scale, and approximate north arrow
(3) Boundaries, scale, and approximate dimensions and bearings
(4) Show buffers and ingress/egress, and any other information pertinent to
the parcel
(5) Vicinity Map
(6) If the application is for an expansion, show the size and location of any
existing area being operated as a L.C.I.D. Landfill
(7) Any existing buildings on the property as well as any existing land uses
(8) A Driveway Permit issued by the North Carolina Department of
Transportation as to their approval must he received before the
Conditional Use Permit is officially released
(9) A permit or certification from the North Carolina Department of
Environment, Health and Natural Resources Solid Waste Section must
be received before the Conditional Use Permit is officially released
A survey map may be used as a base map for the site plan.
R. Condominium Developments **
S. Townhouse Developments * **
*NOTE: All conditional uses subject to site plan requirements (see Article M Section 8)
** Subject to Additional Requirements in Section 7.7
* ** Subject to Additional Requirements in Section 7.8
7.3 Dimensional Requirements
The following regulations limiting the bulk and arrangement of buildings shall
govern all permitted and conditional uses in the district except those permitted in Planned
Unit Developments. Regulations for Planned Unit Developments are contained in Article X
of the Ordinance.
Minimum Lot Area - For each Dwelling Unit 20,000 square feet, 15,000 square fed with
Public water and/or public sewer and excluding any North Carolina Department of
Transportation right -of -way except where Harnett County Watersupply Watershed
Regulations apply
Minimum Lot Width - 80 fed as measured at the front property line or right -of -way line
except on the bulb of a cul- de-sac as specked in the Subdivision Regulations of Harnett
County
Minimum Required Front Yard - 35 feet (excluding steps) measured from the front property
line or right -of way line
Minimum Required Rear Yard - 25 fed (excluding steps) measured from the rear property
line
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Minimum Required Side Yard - 10 feet measured from the side property lines (see also
requirements for comer lots)
Maximum Building Height - 35 feet
Comer Lots - The yard on the side of the lot abutting the side street shall not be less than 20
feet. Accessory buildings on the side of the lot abutting the side stred shall not be closer to
the lot line abutting on that side street than the distance specified for front yards of lots
fronting on such side street.
7.4 Off -Street Parking and Loadintt (as required in Article VIII)
7.5 Sim (as required in Article DO
7.6 Buffers (as required in Article IV, Section 8.0)
7.7 Condominium Developments
Condominium developments built within the planning jurisdiction of Harnett County are
subject to the following special conditions and requirements and all other applicable ordinances.
A. A declaration establishing a condominium development must be prepared which
satisfies the requirements of the N.C. Unit Ownership Act (G. S. 47A -I et seq.). This
declaration shall be filed with the plans for the development. The plans and declaration
shall be submitted with the Conditional Use Permit application
B. Residential density shall not exceed nine (9) dwelling units per acre and shall meet any
applicable Watersupply Watershed Ordinance requirements.
C. A minimum of 15% of the tract must be set aside for recreation. Of the total set aside 5%
of the area must be developed for active recreation. This area must be installed and
maintained by the developer until ownership is transferred to the Homeowner's
Association.
D. Private roads are permitted; however, the declaration must contain a statement addressing
road maintenance and ownership. All roads within a condominium development, whether
private or public, shall be paved.
E. Parking spaces are required at the rate of 1' /z spaces per dwelling unit. Each parking
space shall be no less than 9'x20'.
F. Parking lots shall be paved and all driveways shall meet the current N.C. Department of
Transportation standards for driveways.
G. When parking lots are within the required front yard, the minimum front yard shall be
increased by an additional 20 feet.
H. Separation between buildings within the development shall be according to the North
Carolina Building Code, Volume I, General Construction.
I. The minimum setback requirements for the front, rear and side yards as specified in the
County's Zoning Ordinance shall apply. For buildings located on the periphery of a
development, the minimum side yard requirement for the respective zoning districts shall
be man.
J. Maximum building height, minimum lot size, yard requirements except as noted
elsewhere, and minimum lot frontage shall mean the requirements of the applicable
zoning districts.
K. All plats shall show Parcel Identification Numbers, net acreage and gross acreage.
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Recordation of the declaration and plan shall be completed by the developer or his agent
within ninety (90) calendar days following approval by the Board of Commissioners or such
approval shall be null and void.
6.9 Townhome Developments
Townhome developments are subject to the following special conditions and requirements as
well as all other applicable ordinances.
A. In a townhome development in which any facilities such as but not limited to streets,
parking areas, recreation facilities and common open space are to be held and maintained
in common ownership a Homeowner's Association shall be organized. Documents
showing the association's organizational structure and by -laws as well as a master
development plan for the property shall be filed with the Planning Department. For
townhome developments, the aforementioned documents shall become part of the
application for a conditional use permit. Following the granting of a conditional use
permit by the Board of Adjustment, the plans and related documents shall be reviewed by
the Planning Board and approved by the Board of Commissioners since the subdivision
of land is involved. All townhome units shall be subject to the conveyance of a fee -
simple lot.
B. The organizational documents and by -laws shall include, but are not limited to,
the following:
The Homeowner's Association shall be established before any lots are sold.
Membership shall be mandatory for each buyer and any successive buyer.
The developer shall be responsible for all maintenance and other responsibilities
of the Homeowner's Association until sixty percent (60 %) of all units to be sold
are sold. After sixty percent (60 %) of all units are sold, the Homeowner's
Association shall levy assessments and assume its responsibilities. The Homeowner's
Association shall be responsible for liability insurance, taxes and maintenance of all
recreation facilities, grounds and common areas. Any sums levied by the Homeowner's
Association that remain unpaid shall become a
lien on the individual property. The Homeowner's Association shall be able to
adjust the assessment to meet changing needs.
C. Residential density shall not exceed nine (9) dwelling units per acre and shall
meet any applicable Watersupply Watershed Ordinance requirements.
D. A minimum of 15% of the tract must be set aside for recreation. Of the total set
aside 5% of the area must be developed for active recreation. This area must be
installed and maintained by the developer until ownership of the recreation area is
transferred to the Homeowner's Association.
E. All roads, whether private or public, shall be paved. Once ownership of the private roads
has been transferred to the Homeowner's Association the association shall assume
maintenance of such roads.
F. When parking lots are located within the required front yard, the minimum front yard for
each unit shall be increased by an additional twenty (20) feet. All parking lots shall be
paved and each parking space shall be at least 9'x20'. All driveways shall meet the
current N.C. Department of Transportation standards.
G. All walls between individual units and separation between individual buildings within the
development shall be according to the North Carolina Building Code, Volume 1, General
Construction.
H. Buildings on the periphery of the development shall meet the side yard requirements for
the respective zoning districts.
1. Maximum building height and yard requirements except as requirements of the
applicable zoning district.
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J. A maximum lot size is not established for individual townhouse lots. However, all
individual lots shall meet the following minimum requirements: lot width of twenty (20)
feet; lot frontage on a public street, private street or parking lot of twenty (20) feet; front
yard setback of thirty-five (35) feet if the parking lot is located elsewhere; front yard
setback of fifty -five (55) feet if the parking lot is within the front yard and rear yard
setback of twenty-five (25) feet. For buildings located on the periphery of a
development, the minimum side yard requirement is 10 feet unless it's a corner lot in
which case the minimum side yard is 20 feet.
K. All plats shall show Parcel Identification Numbers, net acreage for each lot and gross
acreage for the entire subdivision.
Recordation of the organizational papers, by -laws and final plat shall be completed by the
developer or his agent within ninety (90) calendar days following approval by the Board of
Commissioners or such approval shall be null and void.
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Article VII Conditional Uses
The development and execution of this Ordinance is based on the division of the county into districts
within which the use of land and buildings and the bulk and location of buildings and structures in relation to
the land are substantially uniform. It is recognized, however, that there are some land uses which are
basically in keeping with the intent and purposes of the district where conditional, but which may have an
impact on the area around than which can only be determined by review of the specific proposal. These uses
may be established, under certain conditions and with proper controls, in such a manner as to minimize arty
adverse effects. In order to insure that these uses, in their proposed locations would be compatible with
surrounding development and in keeping with the purposes of the district in which they are located, their
establishment shall not be as a matter of right, but only after review and approval of a Conditional Use Permit
as hereinafter provided.
Section 1.0 Application for Conditional Use Permit
1.1 Initiation of Conditional Use Permit
Any person having freehold interest in land, or a possessory interest entitled to exclusive
possession, or a contractual interest which may become a freehold interest or an exclusive
possessory interest, and which is specifically enforceable, may file an application to use such
land for one or more of the conditional uses
provided for in this Ordinance in the zoning district in which the land is located.
1.2 Application for Conditional Use Perm¢
Application for Conditional Use Pemmits, signed by the applicant, shall be presented to the
Zoning Administrator. Each application shall contain or be accompanied by such legal
descriptions, maps, plans, and other information so as to completely describe the proposed
use and existing conditions. The application shall be forwarded to the Harnett County Board
of Adjustment for review at their next meeting.
1.3 Fee for Conditional Use Permit
The Board of Commissioners shall set a fee, payable to Harnett County, North Carolina, to
cover the necessary administrative costs and advertising of each application for a conditional
use permit. The set fee shall be posted in the County's Planning Department office.
Section 2.0 Public Hearinn?
The Chairman of the Board of Adjustment shall schedule a public hearing on the application for a
conditional use permit to be held within 60 days after the application is filed. Public notice of the
hearing shall be published in a newspaper of general circulation in the County at least once each
week for two successive weeks prior to the public hearing. The Zoning Administrator may also post
notice on the property involved for a period of one week prior to the hearing.
Section 3.0 Action by the Board of Adjustment
The Board of Adjustment shall approve, modify or deny the application for Conditional Use Permit
following the public hearing. In granting a Conditional Use Permit, the Board of Adjustment shall snake
written findings that the applicable regulations of the district in which it is located are
fulfilled. With due regard to the nature and state of all adjacent structures and uses, the district within which
it is located, and official plans for future development, the Board of Adjustment shall also make written
findings that the following provisions are fulfilled.
3.1 The requested use will not impair the integrity or character of the surrounding area.
3.2 The requested use will not be detrimental to the public heahh, morals, or welfare.
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3.3 Adequate utilities, access roads, drainage, sanitation arid/or other necessary facilities have
been made or are being provided.
3.4 That adequate measures have been or will be taken to provide ingress and egress so designed
as to minimize traffic congestion in the public stroets.
3.5 That the conditional use shall, in all other respects, conform to the applicable regulations of
the district in which it is located, except as such regulations may, in each instance, be
modified by the Board of Adjustment.
Section 4.0 Conditions and Guarantees
Prior to the granting of any conditional use permit, the Board of Adjustment may stipulate, such
conditions and restrictions upon the establishment, location, reconstruction, maintenance, and
operation of the conditional use as it deems necessary to secure compliance with the standards and
requirements specified above. In all cases in which conditional use permits are granted, the Board of
Adjustment shall require such evidence and guarantees as it may deem necessary as proof that the
provisions of this section have been met.
4.1 Such conditions may include a time limitation.
4.2 Conditions may be imposed which require that one or more things be done before the use
requested can be initiated For example, "that a solid board fence be
erected around the site to a height of six (6) feet before the use requested is initiated ".
4.3 Conditions of a continuing nature may be imposed. For example, "exterior loud speakers
shall not be used between the hours of 10:00 p.m. and 8:00 a.m.
Section 5.0 General Provisions in Granting Conditional Use Permits
5.1 Compliance with Other Codes
Granting of a Conditional Use Permit does not exempt the applicant from complying with all
of the requirements of building cores and other ordinances.
5.2 Revocation
In any case where the conditions of a Conditional Use Permit have not been or are not being
complied with, the Zoning Administrator shall give the permittee notice of intention to
revoke such permit at least tat days prior to a Board of Adjustment review thereof: After
conclusion of the review, the Board of Adjustment may revoke such permit.
5.3 Expiration
In any case where a Conditional Use Permit has not been exercised within the time limit set
by the Board of Adjustment, or within one year if no specific time limit has been set, then
without further action, the permit shall be null and void. "Exercised" as set forth in this
section shall mean that binding contracts for the construction of the main building have been
let; or in the absence of contracts that the main building is under construction to a substantial
degree; or that prerequisite conditions involving substantial investment are contracted for, in
substantial developmern, or completed (sewage drainage, etc.).
When construction is not a part of the use, "exercised" shall mean that the use is in operation
in compliance with the condition set forth in the permit.
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Article VIII Parking and Off - Street Loading Requirements
Section 1.0 Off - Street Parking Requirements
There shall be provided at the time of the erection of any building, or at the time any principle
building is enlarged or increased in capacity by adding dwelling units, guests rooms, seats, or floor area; or
before conversion from one type of use or occupancy to another, permanent off -street parking space in the
amount specified by this section, together with adequate driveway and maneuvering space. Such parking
space may be provided in a parking garage or properly graded open space.
1.1 Certification of Minimum Parking Requirements
Each application for a land use permit to the Zoning Administrator as provided for in this
Ordinance shall include information as to the location and dimensions of off -street parking
and loading space and the means
of ingress and egress to such space. This information shall be of sufficient detail to enable
the Zoning Administrator to determine whether or not the requirements of this section are
met.
1.2 Combination of Required Parking Spaces
The required parking space for any number of separate uses may be combined in one lot, but
the required space assigned to one use may not be assigned to another use, except that one-
half of the parking space required for churches, theaters, or assembly halls whose peak
attendance will be at night or on Saturdays and Sundays may be assigned to a use which will
be closed at night and on Sundays.
1.3 Remote Parking Spaces
If the off-street parking space required by this Ordinance cannot be reasonably provided on
the same lot on which the principal use is located, such space may be provided on any land
within 400 feet of the main entrance to such principal use, provided such land is in the same
ownership as the principal use.
1.4 Lightin
Access ways, 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.
1.5 Safety Barriers
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 on 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 right -of-
way and adjoining properties from damaging effects of surface drainage.
1.6 Parking Areas Adiacent to Public Alleys
Where off - street parking facilities are located adjacent to a public alley, the width of such
alley may be counted as a portion of the required maneuvering and access area, but not as
part of the parking spaces required.
1.7 Improvements Design, and Location Standards
All off -strect parking, including exits, entrances, and maneuvering and parking areas shall:
A. Have access to a dedicated street or alley
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B. Have access drives or lanes which are at least ten (10) feet wide for single lane
movement and twenty (20) feet wide for double lane movement
C. Be graded
D. Be permanently maintained by the owners
1.8 Parking Surface Areas
All parking surface areas and access drives of business, industrial, and wholesale uses shall
be surfaced with concrete, bituminous material, asphalt, or a minimum of six inches of
gravel and shall be maintained in a dust free condition.
1.9 Parking Area Screening
Off-street parking areas for more than ten (10) vehicles shall be effectively screened on each
side which adjoins any residential district by a suitable fence or hedge at least five (5) feet
high. Such fence or hedge shall be maintained in good condition.
1.10 Minimum Parking Requirements
Minimum length of space - 20 feet
Minimum width of space - 9 feet
The following off - street parking spaces shall be required:
A. _Residential and Related Uses
(1) Residence, single family, two family - each dwelling unit 2 spaces
(2) Residence, multi - family - each dwelling unit - one and one-half spaces
(3) Home occupation in the operator's residence 2 parking spaces in addition
to residence requirements
(4) Rooming or boarding house - 1 parking space for each two rooms to be
rented, plus 1 parking space for the owner or manager if living on the
premises
B. Public
and Semi - Public Uses
(1)
Hospitals - 1 space for each 2 beds intended for patient use, exclusive of
bassinets, and I space for each employee on the largest shift
(2)
Nursing homes - each 5 patient beds - 1 space
(3)
Clinic - 4 spaces for each doctor practicing
at the clinic, plus 1 space for each employee
(4)
Churches - each 4 seats in sanctuary -1 space
(5)
Elementary schools and middle schools - 1 parking space for each
classroom and administrative office and 1 space for each employee and 1
space for each bus assigned to that school
(6)
High Schools - 1 parking space for each twenty (20) students for which the
building was designed, plus one (1) parking space for each classroom and
administration office
(7)
Junior colleges, colleges and universities - 1 parking space for every 2
students, based upon the maximum number of students attending classes on
the premises at any one time during any 24 -hour period
(8)
Kindergarten and day nurseries - 1 parking space for each 10 children that
attend, plus I space for each employee
(9)
Stadiums - 1 parking space for each 4 seats in the stadium
(10)
Public or private clubs and community centers - I parking space for each
200 square feet of gross floor space
(11)
Public utility buildings -1 parking space for each employee
(12)
Libraries - I space for each 4 seats provided for patron use
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(13) Golf course - each hole - 4 spaces
C. Business Uses
(1)
Tourist homes, motels, or motor courts -1 parking space for each room to
be rented, plus 1 additional parking space for each 3 employees
(2)
Hotels - I parking space for each room to be rented, plus an additional
parking space for
each 3 employees, plus such additional parking spaces as may be required
for commercial or business uses located in the same building
(3)
General or professional offices - 1 parking space for each 200 square feet of
gross floor space, plus 1 space for each 2 employees
(4)
Service stations - 5 parking spaces for each grease rack and 5 parking
spaces for each wash rack
(5)
Bowling alleys - 2 parking spaces for each alley, plus 1 space for each 300
square feet of gross floor space for affiliated uses such as restaurants, bars,
and the like
(6)
Restaurants - 1 space for each 4 seats, plus 1 space for each 2 employees
(7)
Shopping centers - parking spaces for individual uses therein may be
provided collectively. Such parking space shall be provided on the basis of
6 spaces for each 1,000 square feet of gross floor space in the center.
(8)
Drive -in restaurant - 1 space for each 4 seats, plus a minimum of 15 spaces
in service, plus 1 space for each 2 employees
(9)
Theater - 1 parking space for each 4 seats
(10)
Funeral homes - 1 space for each 4 seats in the largest assembly room
(11)
Retail uses not otherwise indicated - 1 parking space for each 200 square
feet of gross floor space
D. Industrial and Wholesale Uses
Industrial and wholesale uses - one parking space for each employee on the largest
shift
E. Other Uses
The number of parking spaces to be required in special situations in which none of
the above conditions are applicable shall be determined by the Board of Adjustment.
Section 2.0 Off -Street Loading_ Requirements
2.1 All uses and establishments commenced hereafter shall provide off - street loading space
sufficient to allow all loading and unloading of vehicles to take place entirely within the
property lines of the premises.
2.2 Loading berths shall have the following minimum dimensions: width - 12 feet; length - 55
feet; and height clearance - IS feet.
2.3 Such berths shall be designed, along with the means of
egress and ingress to such berths, so as riot to interfere with the free, normal movement of
vehicles and pedestrians on public right -of -way.
2.4 The minimum number of off - street loading berths to be provided by individual
establishments shall be according to the following schedule:
A. Retail and Service Establishment - One berth for every 20,000 square feet of gross
floor area; or portion thereof, however, two or more adjoining establishments with a
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total gross floor area of less than specified herein shall be considered as one
establishment provision.
B. Office Buildings, Hotels, and Other Institutional Uses - One berth for every 50,000
square feet of gross floor area or portion thereof.
C. Industrial and Wholesale Establishments - One berth for every 10,000 square feet of
gross floor area, or portion thereof, up to 30,000 square feet; one space for every
30,000 square feet of gross floor area, or portion thereof in excess of the fast 30,000
square feet of gross floor area.
2.5 The off -street loading space provided as required by this section shall be permanent space
and shall not be used for arty other purpose.
2.6 A loading space requirement may be waived by the Board of Adjustment on application due
to a limited need for loading space based on the nature of the building.
Article IX Sign Requirements
No type of exterior sign may be erected, posted, re- posted, placed, replaced, hung, re-hung, painted
or repainted in any district except in compliance with this Ordinance. Such signs shall not require a sign
permit as long as they conform to the requirements stated below.
Section 1.0 Certain Classes of Signs Permitted in all Zoning Districts
The following signs shall be permitted in all zoning districts. Such signs shall not require a sign
permit as long as they conform to the requirements stated below.
1.1 Official Government Si9m - Such as traffic or similar regulatory devices and legal notices
1.2 Identification Signs - Not to exceed one (1) square foot in display area bearing only
addresses or names of occupants of the premises and located on privately owned property
1.3 Memorial Plaques - Such as cornerstones, historical tablets, and similar devices
1.4 Instructional Signs - Erected on private property, not to exceed six (6) square feet in display
area, erected strictly for the direction, safety or convenience of the public, including signs
which identify rest rooms, parking area entrances or exits, freight entrances and similar
devices, warning danger and no trespassing signs
1.5 Flags or Emblems - Political, civic, philanthropic, educational or religious organizations
erected on private property, provided that such flags or emblems shall not exceed sateen
(16) square feet in size
1.6 "For Sale" or "For Rent" - Signs pertaining to realty on the premises offered for sale or rent,
not exceeding four square feet in area and not illuminated - such a sign may be placed not
closer to a front property line than ten (10) feet. There shall be a limit of one such sign for
each street abutting the lot.
1.7 Church or Public Building Bulletin Boards and Identification Signs - Lighted or unlighted
signs shall not exceed forty (40) square feet in area. There shall be a limit of one such
sign for each street abutting the lot.
1.8 Signs Advertising Agricultural Products Produced on the Premises - Not to exceed sixteen
(16) square feet in area. There shall be a limit of one such sign for each stred abutting the
lot.
iI
1.9 Signs Identifying by Name Only, Residential Subdivisions, Planned Housing
Developments, or Manufactured Home Parks - These shall not exceed fifty (50) square feet
in area. There shall be a limit of one double-faced sign or two single faced signs for each
road or driveway entrance to the development named on the sign.
1.10
Festival, Bazaar, Horse Show, or Similar Event - When conducted by a pubfic agency or for
the benefit of arty civic, fraternal, religious or charitable cause, provided that no such sign
shall be displayed in any residential district, except on the immediate site of the event to
which it pertains; and provided further, that all such signs shall be removed within ten (10)
days after the last day of the evert to which they pertain.
1.11 Temporary Signs - Those giving information pertaining to construction taking place on the
lot upon which the sign is located - such signs will be removed prior to issuance of a
certificate of occupancy. Temporary signs may be allowed provided said signs are not
erected more than 21 calendar days per year and not larger than sixteen (16) square feet.
Temporary signs shall not be illuminated Said signs shall not be closer to each other on the
same property than 400 feet.
Section 2.0 Maintenance
Whenever a sign becomes structurally unsafe or endangers the safety of a building or the public, the
Zoning Administrator shall order that such a sign be made safe or removed. A period of ten (10) days
following receipt of said order by the person, firm, or corporation owning or using the sign shall be allowed
for compliance.
Section 3.0 Illumination
Where Illuminated signs are permitted, they shall conform to the following requirements:
3.1 All signs illuminated under the provisions of this section shall be constructed to meet the
requirements of the National Electric Code.
3.2 Signs which contain, include, or are lighted by any flashing, intermittent or moving fights
are prohibited, except those giving public information such as time, temperature and date.
3.3 Illuminated signs shall be limited to those lighted internally with glass or plastic faces
bearing the advertisement; provided, however, that exposed neon tubing and exposed
incandescent or other bulbs not exceeding fifteen (15) watts each shall be permitted.
3.4 Display fighting shall be shielded so as to prevent direct rays of light from being cast into a
residential area or district and/or vehicles approaching on a public right -of -way from any
direction.
3.5 Flame as a source of fight is prohibited
Section 4.0 Setback Requirements
Signs shall be set back at least ten (10) feet from any public right -of -way line or property lime and
shall be se back at least fifty (50) feet from any road intersection, except those erected for orderly traffic
control and other municipal and governmental purposes, or directional signs of less than six (6)square feet
and referring only to organizations which are nonprofit in character.
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Section 5.0 Sign Dimension
For the purpose of this Ordinance, the square feet area shall be measured to include the entire sign,
including lattice work, fencing, or wall work incidental to its decoration. When a sign consists of letters
placed directly on a wall, building surface, awning or marquee, or against open air (as when raised above a
marquee), there being no background to the letters save the wall or surface itself, the area of the sign shall be
that of the smallest parallelogram within which all the lettering can be included.
Section 6.0 Nonconforming Sims
6.1 Continuation - All nonconforming signs existing on the effective date of this Ordinance may
remain in place subject to the following requirements:
A. No nonconforming sign shall have any changes made in the words or symbols used
or the message displayed on the sign unless the sign is specifically designed for
periodic change of message. (Billboards) However, this Ordinance shall not
prohibit the normal maintenance of signs to keep then neat.
B. No nonconforming sign shall be structurally altered so as to change the shape, size,
type, or design of the sign, nor shall any nonconforming sign be relocated.
C. No nonconforming sign shall be allowed to remain after the activity, business or use
to which it was related has been discontinued
D. If a nonconforming sign is damaged in such a manner that the estimated expense of
repairs exceeds sixty percent (60 %) of its replacement value, the sign shall not be
allowed to remain or be repaired and must be removed.
6.2 Removal of Nonconforming Sims
Upon failure to comply with any of the above requirements, the Zoning Administrator shall
cause the removal of any nonconforming signs as hereafter provided.
A. The Zoning Administrator or his designated agent shall give the owner of the
nonconforming sign notice of the violation by first class mail. Notice to the owner
or the occupant of the premises on which the sign is located shall be sufficient.
These notices shall contain a brief statement of the particulars in which this Article
is violated and the manner in which such violation is to be remedied.
B. Failure to correct such violation within thirty (30) days shall constitute a
misdemeanor punishable by a fine of not more than fifty dollars ($50), or by
imprisonment for not more than thirty (30) days. Each day's continuing violation
shall be a separate and distinct offense.
C. In addition to or instead of the above penalties, the County may apply to a court of
justice for a mandatory or prohibitory injunction and order of abatement directing
the owner, occupant or permittee to correct the violation in accordance with G.S.
153A -123.
Section 7.0 Prohibited Sims
7.1 Any sign that obscures a sign displayed by public authority for the purposes of giving traffic
instruction or direction or other public information.
7.2 Any sign that uses the word "stop" or "danger" or otherwise presents or implies the need or
requirement of stopping or caution or the existence of danger, or which is a copy or imitation
of or which for any reason is likely to be confused with any sign displayed by a public
authority.
7.3 Any sign that obstructs any window, door, fire escape, stairway, ladder, or opening intended
to provide light, air, ingress, or egress for any building, as required by law.
06
7.4 Any portable sign, including any sign displayed on a vehicle when used primarily for the
purpose of such display, except, that this paragraph shall not apply to temporary political
signs.
7.5 Any sign that violates any provision of any law of the state relative to outdoor advertising.
Section 8.0 Administration
The Zoning Administrator shall issue a permit for the erection or construction of outdoor advertising
or business sign which meets the requirements of this Ordinance.
Section 9.0 Filing Procedure
Applications for permits to erect, hang, place, paint, or alter the structure of an outdoor advertising or
business sign shall be submitted on forms obtainable from the Zoning Administrator. Each application shall
be accompanied by a plan showing the following:
9.1 Area of the county in which the sign is to be located
9.2 Size, character, general layout and design proposed for painted displays
9.3 The method and type of illumination, if any
9.4 The location proposed for such signs in relation to properly lines, and existing signs
9.5 If conditions warrant it, the Zoning Administrator may require such additional information
as will enable him to determine if such signs are to be erected in conformance with these
regulations.
9.6 Applicants shall pay any administrative fee established by the County at the time of the
application or request.
Section 10.0 Business Signs
Business signs shall be permitted on the premises of the business in districts in which the principal
use is permitted and in districts in which the principal use is conditional. Conditional Use permit applications
shall include information as to sign type and placement. All business signs shell be subject to the following
limitations:
10.1 Signs for customary home occupations shall not exceed six (6) square feet in display area.
10.2 Business signs shall not project more than one (1) foot from any building wall or canopy.
10.3 If suspended from a canopy, the sign must be at least eight (8) feet above the sidewalk,
pavement or ground level.
10.4 Signs shall have a total display area in square feet per establishment no greater than on�half
square foot for each linear foot of building lot frontage, but in no case greater than 300
square feet.
10.5 Free standing business signs shall not be located in a required side yard or within ten (10)
feet of the right -of -way line or any property line.
10.6 Display lighting of signs shall be shielded so as to prevent the direction of such light into any
structure used primarily for residential purposes. No intermittent lighting effects shall be
permitter) on signs.
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10.7 No business establishment shall have more than one sign greater than 100 square feet.
Provided, however, that a shopping complex consisting of five or more businesses located in
a unified building or group of buildings may have business and identification signs as
permitted by the Harnett County Zoning Ordinance and in addition, the center as a whole
may have one detached sign per street front not to exceed 300 square feet in area per street
front.
10.8 Business signs along interstate highways shall be required to meet the following provisions:
a. The maximum size of the display area of business signs along Interstate Highways,
including I -95, shall not exceed a maximum total display area of 1,000 square feet.
b. Free standing business signs along Interstate Highways, including 1 -95, shall be
limited in height to 125 feet, measured from ground level to the highest part of the
sign structure.
C. Except as provided in subsections a and b above, the remaining provisions of the
Zoning Ordinance of Harnett County, where applicable, govern business signs along
Interstate Highways.
Section 11.0 Outdoor Advertising Signs
Outdoor advertising signs shall be permitted in the Commercial/Business District,
and the industrial District. All outdoor advertising signs shall be subject to the
following regulations:
11.1 Maximum Disnhny Area - The maximum size of the display area of outdoor advertising
signs along Interstate Highways shall be 500 square feet. The maximum size of the display
area of outdoor advertising signs for all other sections of the County shall be 300 square feet.
Double faced signs shall be permitted provided that each individual sign meet the display
area requirements for that area of the County.
11.2 Height Reguhitions - No outdoor advertising sign shall exceed a height of thirty -five (35)
feet measured from ground level to the highest part of the sign structure. The minimum
height of the lowest portion of display surface of said outdoor advertising sign shall be
elevated to a height of eight (8) feet from the ground level.
11.3 Setback RMirements - No outdoor advertising sign shall be erected or maintained within
600 feet of the nearest edge of the right -of -way of the interstate or primary highways in
Harnett County, except as allowed by the North Carolina General Statutes. No sign shall be
located in a required side yard or within ten (10) feet of any right-of- -way line or any
property line.
11.4 Light - Display lighting of signs shall be shielded so as to prevent the direction of such
light into any structure used primarily for residential purposes. No rotating, revolving, or
intermittent lighting devices shall be attached to or made a part of any outdoor advertising
sign.
11.5 S acin -All outdoor advertising signs must be spaced a minimum of 300 feet apart.
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Article X Planned Unit D vela anent
Section 1.0 General
For purposes of this Ordinance, a planned development, whether residential, commercial, industrial, or a
planned unit development (PUD) shall be a tract of land under single, corporation, firm, partnership, or
association ownership, planned or developed as an integral unit, in a single development operation or a
defm tely programmed series of development operations and according to an approved Outline Development
Plan and a Preliminary Site Plan.
The purpose of planned developments is to encourage the development of planned commercial,
industrial, or residential neighborhoods and communities that provide a full range of residence types as well
as certain commercial and office uses designed to serve the inhabitants. It is recognized that only through
ingenuity, imagination and high quality design can residential and other developments be produced which are
in keeping with the intent of this Ordinance while departing from the strict application of conventional use
and dimensional requirements found within a typical subdivision.
Section 1.1 Application Requirements
An application for a Planned Unit Development shall be accompanied by an Outline Development
Plan presenting the following information.
A. Proposed land uses, the location of various dwelling types and dwelling unit
densities, and the location of all other proposed buildings and construction
B. Proposed primary traffic circulation pattern
C. Proposed parks, playgrounds, and other common open space areas
D. Proposed delineation of the units or phases to be constructed in progression
E. Proposed means of dedication of common open space areas and organizational arrangements for the
ownership, maintenance, preservation of common open space, streets, and other common facilities,
including a copy of the homeowners' or property owners association bylaws, if such organization
is to be used
F. Relation of land uses in the surrounding area to the land use plan for the Planned
Unit Development
G. impact on all public services
H. Proposal for handling drainage, water, and sewage plans
Statement as to proposed ownership of streets and responsibility for maintenance thereof
Section 1.2 Conformity to Plan
Site development within the planned development shall conform to the Outline Development Plan
and associated requirements approved by the Planning Board as part of the permit conditions. Modification
of the Outline Development Plan or any Preliminary Plan and associated requirements may be made by the
Planning Board when requested by the owner and developer after initial approval has been granted.
Section 1.3 Internal Streets
Streets within a Planned Unit Development which are to be offered for public dedication must meet
all North Carolina Department of Transportation requirements as to right -of -way, pavement and construction
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standards. All private streets shall be built and paved according to generally accepted engineering and
construction principles. Maintenance of private strcets shall be the responsibility of the Homeowners'
Association.
Section 1.4 Zero Lot Lines
Where individual dwelling units, commercial units or industrial units are to be sold in a single
building and it is desired to deed the land under the unit to the purchaser, such as in the case of townhouses or
patio homes, zero lot line lots may be used, as long as the approved yards are maintained around the building.
Section 1.5 Planned Developments Not Exempt
A planned development must meet all requirements of this Ordinance, as well as all other applicable
ordinances, unless expressly exempted.
Section 1.6 Residential Planned Unit Developments
Residential Planned Unit Developments shall consist of only residential uses along with active or
passive recreation facilities that are primarily intended for use by owners of property within the development
and thew guests. Golf courses open to the public and tennis clubs open to the public are exempt from this
requirement. Unless otherwise approved by the Board of Commissioners, when submitted as part of the
Outline Development Plan, non - exempted portions of the tract may only be devoted to planned commercial
and industrial uses as follows:
ACREAGE
PERCENTAGE FOR
INDUSTRIAL
PLANNED COMMERCIAL USES
USES
10-49
1%
.50%
50.74
2%
.75%
75 -99
3%
1.00%
100.149
4%
1.50%
MORE THAN 150
5%
2.00%
It is the bitent of this Ordinance that any Commercial and Industrial uses be strategically located, screened
and buffered so as to minimize the impact on the surrounding residential uses. Residential Planned Unit
Developments are conditional uses in RA40, RA -30, RA -20M and RA -20R Zoning Districts
Section 1.7 Commercial and Industrial Planned Developments
Commercial and Industrial Planned Unit Developments, such as shopping centers and planned
industrial parks shall contain only Commercial uses and Industrial uses and shall consist only of those
uses listed as either permitted or conditional uses in the respective zoning district. Commercial Planned
Unit Developments are conditional uses in Commercial Business zoning Districts. Industrial Planned Unit
Developments are conditional uses in the Industrial zoning districts.
Section 1.8 Dimensional Requirements
A minimum gross development size of ten (10) acres is required. All other dimensional requirements shall
be as in Section 8.0 with the exceptions as defined below under Density Bonus unless otherwise approved
by the Harnett County Planning Board on the preliminary plat. Yards forming the outer boundary of a
Planned Unit Development shall be in compliance with the minimum requirements of Section 8.3 herein.
The only other exceptions to the dimensional requirements of the district is that zero lot lines and modified lot
dimensions are permissible so long as all approved yards are maintained around each building and around the
entire perimeter of the Planned Unit Development.
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Section 1.9 Density Calculations
Development density shall be computed by subtracting fifteen percent (15 %) of the gross area (as an
allowance for streets), plus all areas designated for nonresidential purposes from the gross area and dividing
the ramming area by the lot area requirements as specified elsewhere in this Ordinance. See Section 8.0 for
additional information about minimum lot requirements and density.
Section 1.10 Density Bonus
A Density Bonus not to exceed thirty-five percent (35 %) of the number of dwelling units permitted
under the standard applicable district regulations may be approved by the Planning Board in accordance with
the following ratios of Residential Area to Common Open Space. In each case, the Planning Board must
make a finding that the development will result in a significantly better environment than would otherwise
have occurred in accordance with the established permitted density. Tentative application for the Density
Bonus shall be included in the Outline Development Plan for review and approval.
DENSITY BONUS SCALE
% of Residential Area
Co be Common Open Space
% Density Bonus
10.19
10
20 -29
15
30-39
20
40-49
25
50-59
30
60 or more
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Section 1.11 Commercial Office and Professional Facilities
Commercial, office, and professional facilities, when permitted in a Planned Unit Development, shall
be developed in accordance with conventional requirements as outlined in this Ordinance. In addition, they
shall be subject to the following requirements:
A. Such areas of specified size shall be planned as an integral part of the Planned Unit
Development.
B. Proposed uses are needed by and gauged primarily for the service and convenience of
residents of the Planned Unit Development
C. Commercial areas are permitted at a maximum ratio of one (1) acre commercial area per one
hundred (100) dwelling units constructed and at increments of one-half acre and fifty (50)
dwelling units above the first acre. See Section 3.6
D. Such areas shall be so located and designed as to provide direct access to a major street
without creating traffic hazards or congestion on other streets.
E. The layout of parking areas, loading areas, entrances, exits, yards, courts and landscaping,
control of signs, lighting, noise or other potentially adverse influences shall be such as to
protect the residential character within and adjacent to the Planned Unit Development and
shall meet standard buffer requirements as specified elsewhere in this Ordinance.
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F. Such establishments shall not by reason of their location, construction, manner of timing or
operations, signs, lighting, parking arrangements or other characteristics have any adverse
effects on residential uses within or adjoining the district, or create traffic congestion or
hazards.
G. No buildings designed or intended to be used, in whole or in part, for commercial purposes
shall be constricted prior to the construction of less than fifty percent (50%) of the dwelling
units proposed in the plan, or constriction of one hundred (100) dwelling units, whichever
is smaller.
H. Golf Courses open to the public and tennis clubs open to the public are exempt from
Subsections B, C, and G above.
Section 1.12 Common Open Space
"Common Open Space" shall mean a parcel or parcels of land or a combination of land and water
within the site designated for a Planned Unit Development designed and intended exclusively for the use and
enjoyment of residents of the development and their guests, not including streets or off -stream parking areas.
Common Open Space shall be substantially free of structures, but may contain such improvements as are in
the plan as finally approved and are appropriate for the benefit of the residents.
A. A minimum total area of 10% of the gross residential area shall be set -aside as Common
Open Space in a Planned Unit Development. Of this 101/c a maximum of one-half may be
areas covered by water.
B. A maximum of 15% of the area designated to be Common Open Space may be covered by
structures clearly auxiliary to the recreational use of the area Such structures may include
tennis courts, pro shops, clubhouses, swimming pools, and the like.
C. The location, shape, and character of the Common Open Space must be suitable and
appropriate for the proposed development.
D. Common Open Space shall be used only for amenity or recreational (active or passive)
purposes and shall be dedicated to or remain in control of the PUD through a Homeowners'
Association or similar means. The uses authorized for the Common Open Space must be
appropriate to the scale and character of the development.
E. Common Open Space must be suitably improved for its intended use, but Common Open
Space containing natural features clearly worthy of preservation may be left unimproved.
The buildings, structures, and improvements which are permitted in the Common Open
Space must be appropriate to the uses which are authorized for the Common Open Space
and must conserve and enhance the amenities of the area having regard to its topography and
unimproved condition.
F. All land shown on the Outline Development Plan as Common Open Space must be
conveyed under one of he following options:
1. It or any portion thereof may be dedicated to the County of Harnett for public use.
Any dedication must be formally accepted by the County to be valid. Nothing in
this Ordinance in any way obligates the County to accept the dedication of any
property.
2. It or any portion thereof may be conveyed to the trustees provided in an indenture
establishing an association of homeowners. The Common Open Space must be
conveyed to the trustees subject to covenants and easements to be approved by tine
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Planning Board which restrict the Common Open Space to the uses specified on the
plan, and which provide for the maintenance of the Common Open Space in a
manner which assures its continuing use for its intended purpose. If the Common
Open Space is deeded to a Homeowners' Association, the developer shall file a
declaration of covenants and restrictions that will govern the association, to be
submitted with the application for approval.
3. The Common Open Space or any portion thereof may be retained, operated, and
maintained by the PUD property owner or developer if a legal document is
submitted to the County prior to the issuance of a building permit binding in
perpetuity the Common Open Space to be used as such and to be maintained in an
appropriate manner. If at any future date the owner and operator of the Common
Open Space and its facilities wishes or is required to relinquish control of such
facilities, the Common Open Space shall be conveyed as described above, dedicated
to the County for public use, or sold with all operating requirements and legal
obligations still binding. The Common Open Space shall forever be part of the
Planned Unit Development.
G. Golf courses open to the public and tennis clubs open to the public are exempt from
Subsections B, D, E, and F above.
Section 1.13 Site Planning
External Relationships
Site planning in the proposed development shall provide protection of the development from potentially
adverse surrounding influences, and protection of surrounding area from potentially adverse influences from
the development. Consideration will be given to the location of uses, bufr"as, setbacks, and street design and
arrangement in the evaluation of the relationship of the development to its surrounding areas.
Internal Relationships
1. Service and Emergencv Access: Access and circulation shall be adequately provided for fire fighting
equipment, service deliveries, and refuse collection.
2. Underground Utilities: Planned Unit Developments shall provide for underground installation of
utilities, including telephone and power in both public and private rights -of -way. Provisions shall
be made for acceptable design and construction of storm sewer facilities including grading,
gutters, piping and treatment of turf to handle storm waters, prevent erosion, and formation of
dust.
3. Ways for Pedestrians: Walkways shall form a logical and safe conventional system for pedestrian
access from all parking lots to project facilities and principal off site pedestrian destinations.
Walkways to schools or other destinations shall be so located and safe guarded as to minimize
contact with normal automotive traffic. Pedestrian street crossings shall be held to a minimum and
shall be strategically located.
Streets Design and Maintenance
1. Design Standards
It is the policy of the Board of Commissioners of Hamett County that all roads within subdivisions
be constructed to certain standards and offered for dedication to the North Carolina Department of
Transportation. Construction and design standards to be used can be found in the current edition of
Subdivision Roads Requirements and Minimum Construction Standards published by the North
Carolina Department of Transportation. Private streets shall be prohibited within all subdivisions
except planned unit developments, condominium/townhouse developments and recreation
communities subject to reasonable and appropriate conditions deemed necessary by the Board of
Commissioners. In formulating reasonable and appropriate conditions the Board of Commissioners
shall consider any recommendations from the Planning Board and Planning Department.
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2. Private Streets
Should private roads within planned unit developments, condominium/townhouse developments and
recreation communities be offered for dedication such roads must be built according to the current
edition of Subdivision Roads Requirements and Minimum Construction Standards published by the
North Carolina Department of Transportation. For roads, which are to remain private, a notation
shall be placed on the plat and all subsequent deeds which state that the roads have been installed by
the owner/developer but maintenance is the responsibility of the purchasers of the property and the
Homeowner Association. All private streets that are to remain undedicated, shall be built and paved
according to generally accepted engineering and construction principles
Section 1.14 Homeowners'(or Property Owners) Association
In planned developments where any facilities, such as streets, parking areas, common open space,
recreational facilities, and the like, are to be held and maintained in common ownership, a Homeowners
or Property Owners Association shall be organized. A copy of the organizational papers and by -laws
shall be submitted with the Outline Development Plan and shall be approved as part of the Outline
Development Plan.
Provisions of the organization shall include, but not be limited to the following:
1. The Homeowners' Association shall be established before the homes or units are sold.
2. Membership shall be mandatory for each buyer, and any successive buyer.
The developer shall manage the Homeowners' Association, which shall he responsible for
all maintenance of the PUD, until sixty percent (60 %) of all units to be sold are sold. The
Homeowners Association shall be managed on a non -profit basis; however, nothing herein
shall be construed to prohibit the payment of a fair market management fee to the developer.
4. The Developer shall have the right to maintain control of and manage the Homeowners
Association (1) until 981/o of the total dwelling units planned are conveyed to residents or (2)
for ten years from the date that the fast plat in the PUD is recorded plus one year for each
fifty units planned in excess of one hundred units or (3) for fifty years finrn the date that the
first plat in the PUD is recorded, whichever shall first occur.
5. The developer, or development owner, shall pay all fees levied by the Homeowners'
Association on any improved lot which it owns and for which a final plat has been recorded
in the Harnett County Register of Deeds, just as any other lot owner.
6. The Homeowners' Association shall be responsible for liability insurance, payment of local
taxes and maintenance of recreational and other facilities.
Any dues or fees levied by the Homeowners' Association that remain unpaid, shall become
a lien on the individual property.
8. The Homeowners' Association shall be able to adjust the assessment to meet changing
needs.
Section 2.0 Plat Preparation and Approval Procedures
This section requires that a plat be prepared, approved and recorded pursuant to the provisions herein
whenever a Planned Unit Development is constructed. An Outline Development Plan, which functions as
the master plan must also be approved. Construction may occur in phases; however, each phase requires
approval of a preliminary plat followed by approval of a final plat.
,1
Section 2.1 Sketch Plan
Before a subdivider submits a preliminary plat, a sketch plan of the proposed Planned Unit Development
may be prepared and submitted to the Harnett County Planning Department staff for review. The sketch
plan shall be drawn to a scale of not less than one (1) inch to two hundred (200) feet and shall contain
sufficient detail in order for general compliance with the Ordinance to be determined. Following staff
review the next step is approval of an Outline Development Plan and preliminary plats.
Section 2.2 Preliminary Plat and Outline Development Plan Approval ,
The Outline Development Plan must be approved prior to approval of any preliminary plats. However, the
Outline Development Plan may be submitted for approval simultaneously with the preliminary plat for the
first phase in the Planned Unit Development. Fees shall be paid based on the ultimate number of lots in the
Planned Unit Development prior to approval of the Outline Development Plan. A copy of the organizational
papers and by- laws for the Homeowners' Association must be filed with the Outline Development Plan.
Ten (10) copies of the Outline Development Plan and ten (10) black or blue line prints of the preliminary plat
shall be submitted to the Subdivision Administrator according to the filing schedule in the Planning
Department office. The Outline Development Plan shall contain sufficient detail so that specific compliance
with this Ordinance can be determined. Following staff review, the Outline Development Plan and
preliminary plat will be scheduled for review at the next regular meeting of the Planning Board. The
preliminary plat shall be prepared by a registered land surveyor licensed to practice in the State of North
Carolina.
Section 2.3 Content of the Preliminary Plat
The scale of the preliminary plat shall be no smaller than one (1) inch to two hundred (200) feet and drawn on
18" x 24" paper. The plat shall contain or be accompanied by the following information:
a. The name and address of the owner, the subdivider, and the person preparing the plat, the scale, north
point, date and Parcel Identification Number.
b. A location map showing the relationship between the Planned Unit Development and the surrounding
area inset on the plat sheet, the names and locations of adjoining subdivisions and streets, the location
and ownership of adjoining unsubdivided property if known, the location of county and/or municipal
boundaries if falling within or immediately adjoining the tract, the zoning classification of the tract, if
applicable, and the general land use of the surrounding property
c. The boundaries of the tract with all bearings and distances indicated, total acreage in the tract, and the
location of existing structures, water courses, rights -of -way, and utility easements.
d. The proposed name of the Planned Unit Development, street rights -of -way and surface widths,
dedication of street (public or private), approximate grades, street names, water supply, storm drainage
and sewer disposal systems (except that individual wells and septic tanks need not be shown), lot lines,
lot and block numbers, approximate dimensions of lots, building setback lines and areas to be used for
common areas.
e. The developer may be asked to prepare a brief statement as to what impact the proposed Planned Unit .
Development may have on the environment. This statement would include any wildlife displaced, trees
destroyed, historical sites or landmarks adversely affected, the impact of grading or paving of any areas,
or other matters that would be detrimental to the environment resulting from the proposed development.
A Phase I Environmental Report will ordinarily satisfy this requirement. However, the Planting Board
may request more detailed information about specific items within the report.
f. Any other supplemental information considered by the subdivider or the Planning Board to be
pertinent to the review of the preliminary plat, including any restrictive covenants which the
developer intends to attach to parcels within the subdivision.
g. If the tract to be subdivided encompasses all or parts of one or more tracts owned by the subdivider or
subdividers, the boundary line of such tract or tracts, or parts thereof, shall be indicated upon such plat in
a manner in which shall clearly illustrate the parent tract or tracts of said subdivision and the subdivider's
61
source of title for such tract, tracts, or parts thereof, shall be plainly indicated upon the face of such plat
by reference to the recording data of the most recently recorded instrument in the subdivider's chain of
title.
h. The relationship between this phase and all other subsequent phases and the net acreage for each lot
and the gross acreage for the entire subdivision.
Section 2.4 Planning Board Action
The Planning Board shall review the preliminary plat at its next regular meeting after the preliminary plat has
been properly submitted and fees paid. At this meeting, the Planning Board shall approve, conditionally
approve, or disapprove the plat after considering the recommendations of the agencies whose approval is
required by this Ordinance.
a. If the preliminary plat is approved, approval shall be noted on two prints of the plat by the Chairman
of the Plamring Board. One print of the plat shall be transmitted to the subdivider and the second
approved print shall be retained by the Planning Board.
b. In the case of conditional approval, the reasons for conditional approval and the conditions to be
met shall be specified in writing. One copy of such reasons and conditions, along with one print
of the plat, shall be retained by the Planning Board and a print shall be given to the subdivider.
C. When a preliminary plat is disapproved, the Planning Board shall specify the reasons for each
action in writing. One copy of such reasons and one print shall be retained by the Planning
Board, and a print of the plat with the reasons for disapproval shall be given to the subdivider. If
the preliminary plat is disapproved, the subdivider may make the recommended changes and
submit a revised preliminary plat for review at the next regular meeting of the Planning Board.
Section 2.5 Development in Stages
When a Planned Unit Development is to be developed in stages, a concept plan (Outline Development Plan)
shall be submitted for the entire development. The developer shall next submit a preliminary plat for that
portion of the concept plan to be next developed. The developer shall submit a final plat, constituting that
portion of the approved preliminary plat that is proposed for recordation and development.
Section 2.6 Other Review Agencies Comments
It shall be the responsibility of the Administrator of this Ordinance to insure that the following agencies are
given an opportunity to review and make recommendations on the preliminary plat:
a. The District Highway Engineer as to proposed streets, highway, and drainage
systems.
b. The County Public Utilities Departmentt as to proposed water and sewage systems.
C. Other County or State agencies whose approval might be necessary.
Section 2.7 Content of the Final Plat
The subdivider shall submit ten (10) black or blue line copies of a final plat, and one (1) reproducible drawing
to the Planning Board through the Administrator of the Ordinance according to the filing schedule in the
Planning Department office. A licensed surveyor shall prepare the final plat. Such plat shall be drawn on
sheets eighteen (18) inches by twenty-four (24) inches and at a scale of one (1) inch equals two hundred (200)
feet.
A. Completion of Improvements
No final plat shall be approved until all required improvements are installed
according to an approved preliminary plat, except as provided elsewhere in this
Ordinance.
B. Contents of the Final Plat
The final plat shall contain the following information:
1. The exact boundary lines of the tract to be subdivided fully dimensioned by
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bearings and distances, and the location of boundary lines of adjoining lands, with adjacent
subdivisions identified by official names.
2. The accurate location and descriptions of all monuments, markers, and
control points and the Parcel Identification Number.
3. Sufficient engineering data to determine readily and reproduce on the ground
every straight or curved boundary line, street litre, lot line, right -of -way, easement line, and
setback litre, including dimensions, bearings or deflection angles, radii, chords, central
angles, and tangent distances for the center line of curved streets and curved property lines,
to an appropriate accuracy and in conformance with good surveying practice.
4. The widths and names of all proposed strects and easements which shall be
properly located.
5. The location, purpose, and dimensions of areas to be used for purposes other than
residential.
6. Throughout the entire subdivision the lots numbered consecutively throughout each section.
7. The name of the subdivision, the owner, and the surveyor preparing the final
plat and the net acreage for each lot and the gross acreage for the entire subdivision.
8. The date of the survey and plat preparation, a north arrow and graphic scale.
9. Any other information considered by either the subdivider or the Planning Board to be
pertinent to the review of the final plat.
10. If the tract to be subdivided encompasses all or parts of one or more tracts
owned by the subdivider or subdividers, the boundary line of such tract or tracts, or parts
thereof shall be indicated upon such plat in a manner which shall clearly illustrate the parent
tract or tracts of said subdivision and the subdivider's source of title for such tract, tracts or
parts thereof, shall be plainly indicated upon the face of such plat by reference to the
recording data of the most recently recorded instrument in the subdivider's chain of title.
11. The following certificates shall be included with each final plat submitted to the Planning
Board by the subdivider and shall be filed by the Register of Deeds when the final plat is
recorded.
a. Certificate of Ownership, Dedication and Jurisdiction, signed
b. Certificate of Approval of Water Supply and Sewage Disposal Systems, signed by
the County Public Utilities Director or his authorized agent. A Certificate of
Approval signed by the County Utilities Director is required when County owned or
operated public water and/or public sewage is to be utilized The subdivider shall
install these facilities in accordance with the approved plans.
C. Certificate of Accuracy and Mapping, signed.
d. hi the case of streets to be dedicated to the public, certificate of approval of Streets
and Street Drainage Plans and Improvements by District Engineer, North Carolina
Department of Transportation, signed.
e. Certificate of Approval by the Hamett County Board of Commissioners, unsigned.
f. Certificate of Approval by the Harnett County Planning Board, unsigned.
g. Certificate of Registration by the Review Officer and Register of Deeds, both
unsigned.
h. If private roads are used, a private roads disclosure statement is required along with a signed
certification from a Professional Engineer licensed to practice in North Carolina that all
private roads were built to the standards in the current edition of Subdivision Roads
Requirements and Minimum Construction Standards as published by the N.C.
Department of Transportation if future dedication to the N.C. Department of
Transportation is planned.
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Section 2.8 Planning Board Action
The Planning Board shall review the final plat at its next regular meeting after the final plat has been
properly submitted.
The Planning Board shall review the final plat for compliance with the requirements of this
Ordinance and any other specifications which were agreed upon at the time of the review of the preliminary
plat. A registered land surveyor licensed to practice in the State of North Carolina shall prepare the final plat.
The Planning Board shall approve or disapprove the final plat.
a. If the final plat is approved, approval shall be indicated on the appropriate certificate of the
final plat.
b. If the final plat is disapproved by the Planning Board, the reasons for such action shall be
stated in writing. The reasons for disapproval shall refer specifically to those parts of this
ordinance, other statutes or practices with which the plat does not comply. One copy of
such reasons, with the original drawing and remaining prints of the proposed subdivision,
shall be transmitted to the subdivider and the Planning Board will retain a copy of the
disapproved plat and the reasons for disapproval. Before final approval is granted, the
subdivider shall make the required changes and submit a revised final plat for review at the
next regular meeting of the Planning Board.
Section 4.9 Action by Board of County Commissioners
The Board of County Commissioners shall take action on the final plat following the approval of the
final plat by the Planning Board. The County Board of Commissioners shall approve or disapprove the final
plat.
a. If the final plat is approved, approval shall be indicated on the appropriate certificate on the
final plat. The subdivider shall file the approved plat with the Register of Deeds within
ninety (90) days after the approval of the Board of Commissioners or such approval shall be
void.
b. If the final plat is disapproved by the County Board of Commissioners, the reasons for such
action shall be stated in writing. The reasons for disapproval shall refer specifically to these
parts of this section, other statutes or practices with which the plat does not comply. One
copy of such reasons with the original drawing and remaining prints of the proposed
subdivision shall be transmitted to the subdivider. Before final approval is granted, the
subdivider shall make the required changes and submit a revised final plat for review by the
Board of Commissions at a future meeting.
Section 2 10 Approval Not to Constitute Acceptance
The approval of a final plat pursuant to regulations adopted under this section shall not be deemed to
constitute or affect the acceptance by the County or the public of the dedication of any street or other ground,
public utility line, or other public facility shown on the plat.
Section 2.11 Recording of Plat
After the affixing of all required signatures (except Certificate of Registration by the Register of
Deeds and Review Officer), the final plat shall be returned to the subdivider. The subdivider shall file the
approved final plat with the Register of Deeds of Hamett County for recording within ninety (90) days after
the date of its approval by the Board of County Commissioners or such approval shall be void unless an
extension of time is granted by the Board of County Commissioners.
C:!
Section 2.12 Resubdivision Procedures
For any replatting or resubdivision of land, the same procedures, rules, and regulations shall apply as
prescr bed herein for an original subdivision. Lot sizes may, however, be varied on an approved plan after
recording, provided the following requirements are met:
a. No lot or tract of land shall be created or sold that is smaller than the size
shown on the approved plat.
b. Drainage, easements, or rights -of -way shall not be changed.
c. Street alignment and block sizes shall not be changed.
d. The property line between back of lots shall not be changed.
e. The rear portion of lots shall not be subdivided from the front part.
f. The character of the area shall be maintained
Section 2.13 Penalties for Violating _Any Provisions of this Ordinance
Any person, firm, or corporation, violating any provisions of this Ordinance, or who shall violate or
fail to comply with any order made thereunder; or who shall continue to work upon any structure after having
received written notice from the Administrator of this Ordinance to cease work, shall be guilty of a
misdemeanor and punishable by a fire not to exceed five hundred ($500) dollars or imprisonment not to
exceed thirty (30) days. Each day such violation shall be permitted to exist shall constitute a separate offense.
Notice of violation shall be sufficient if directed to such owner, the agent of the owner, or the contractor
and/or left at his known place of residence or place of business.
Section 2.14 Variances
The Planning Board may recommend approval of plats which vary from the design standards and
improvements required by this section provided that such variations will not have the effect of nullifying the
intent and purposes of these regulations. No variance shall be granted which conflicts with any other local,
state, or federal statutes, ordinance, or regulation. The subdivider shall submit a written request and
justification for any such variance and the Planning Board may attach to the granting of such a variance any
conditions necessary to insure that the purpose and intent of this section is not compromised. Final approval
of any request for a variance must come from the Harnett County Board of Commissioners.
Section 2.15 Guarantee of Improvements
In lieu of requiring the completion, installation and dedication of any and all required improvements prior to
final plat approval, the Harnett County Board of Commissioners may enter into a written agreement whereby
the subdivider shall agree to complete all required improvements. Once said agreement is signed by both
parties and the security required herein is provided, the final plat may be approved if all other requirements of
this section are met. To secure this agreement, the subdivider shall provide, as approved by the Board of
Commissioners, either one or a combination of the following guarantees equal to 1.25 times the entire cost of
the improvements secured.
1. Surly Performance Bond(s).
The subdivider shall obtain a performance bond(s) from a surety bonding company authorized to do
business in North Carolina and approved by the Harnett County Board of Commissioners. The
bond(s) shall be payable to the County of Harnett and shall be in an amount equal to 1.25 times the
entire cost as estimated by the developer and verified by the County, of installing all required
improvements. The duration of the bond(s) shall be until such time as the improvements are
accepted by the County. Any expenses associated with the cost verification by the County shall be
paid entirely by the developer.
2. Cash or Equivalent Security
The developer shall deposit cash, an irrevocable letter of credit or other instrument readily
convertible into cash at face value, either with the County or in escrow with a financial institution
designated as an official depository of the County. The use of any instrument other than cash shall
be subject to the approval of the Board of Commissioners. The amount of deposit shall be equal to
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1.25 times the entire cost as estimated by the developer and verified by the County of installing all
required improvements.
If cash or other instrument is deposited in escrow with a financial institution as provided above,
then the subdivider shall file with the Harnett County Board of Commissioners an agreement
between the financial institution and himself guaranteeing the following:
a. That said escrow amount will be held in trust until released by the Harnett County Board
of Commissioners and may not be used or pledged by the developer in any other
transaction during the term of the escrow; and
b. That in case of a failure on the part of the developer to complete said improvements, the
financial institution shall, upon notification by the County to the financial institution of
an estimate of the amount needed to complete the improvements immediately pay to the
County the funds estimated to complete the improvements, up to the full balance of the
escrow account or deliver to the County any other instruments fully endorsed or
otherwise made payable in full to the County.
Default
Upon default, meaning failure on the part of the developer to complete the required
improvements in the time allowed by this Ordinance or as specified in the performance bond or
escrow agreement, then the surety or financial institution holding the escrow account shall, if
requested by the County, pay all or any portion of the bond or escrow fund to the County of
Harnett up to the amount needed to complete the improvements based on an estimate by the
County. Upon payment, the County, in its discretion, may expend such portion of said funds as it
deems necessary to complete all or any portion of the required improvements. The County shall
return to the subdivider any funds not spent in completing the improvements.
4. Release of Guarantee Security
The County shall release a portion of any security posted as the improvements are completed and
recommended for approval by the Subdivision Administrator. Within 30 days after receiving the
Subdivision Administrator's recommendation, the Harnett County Board of Commissioners shall
approve or disapprove said improvements. When the Board of Commissioners approves said
improvements, it shall immediately release the portion of the security posted which covers the
cost of the improvements approved. In the event of a dispute under this provision, the dispute
shall be submitted to arbitration, with all costs associated with the arbitration paid by the
developer.
Section 3.0 Water and Sewer Service Requirements
Installation and provision for water supply and sewage disposal shall be according to the standards of
the Harnett County Department of Public Utilities Comprehensive Water and Sewer Plans and the Harnett
County Health Department. Plans must be reviewed by the Harnett County Department of Public Utilities,
the Harnett County Health Department and all State of North Carolina agencies having jurisdiction.
Section 3.1 Water Supply System:
A. Connection Requirement Any Planned Unit Development that is created after the adoption of this
section and is located within that number of feet of an existing county owned or operated water supply and
distribution system as is specified in Subsection B below, whether the Planned Unit Development is located
within or without the service area of an existing county owned or operated public water supply and
distribution system, the developer or subdivider shall cause a water distribution system, meeting the
standards herein specified, to be constructed and installed in such Planned Unit Development and shall
further cause said water distribution system to be connected to the existing county owned or operated
public water supply and distribution system which is located as specified in said Subsection B. This
requirement also applies to new phases of existing subdivisions when these phases have not been
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previously approved by the Harnett County Planning Board and are now being developed as a Planned Unit
Development.
Consideration shall be given to the acreage of an entire tract and the number of potential lots therein,
taking into account topography, feasibility of the land for further subdivision development, and other
factors.
Where, in the opinion of the Planning Board and Utility Department, a Planned Unit Devebpn=A
cannot be economically connected to a county owned or operated water distribution system, the
subdivision must contain adequate area (based on information concerning the soil survey, water
table, type of sewage disposal, etc.) for the installation of private water supply systems, and must be
approved in writing by the County Health Department. In addition, where, in the opinion of the
Planning Board and Utility Department, a Planned Unit Development cannot be economically
connected to a county owned or operated water distribution system, the developer or subdivider may
establish and create a public water supply system or connect the subdivision to an existing public
water supply system. However, such created public water supply system or such water distribution
system to be connected to an existing system shall be approved by and meet the requirements of all
federal, state, and local governments, including but not limited to the Division of Health Services,
Department of Human Resources of the State of North Carolina and the North Carolina Utilities
Commission.
B. Distance Specification: A Planned Unit Development shall be required to meet the conditions of
this section when the Planted Unit Development is located within that number of feet of an existing
county owned or operated water supply and distribution system which equals the product of the
number of lots within the subdivision (including lots to be developed in the future) multiplied by
100; PROVIDED HOWEVER, that the maximum distance required for connection shall be 5000
feet
C. Subiect to Capacity Sufficiency: In the event that a Planned Unit Development should meet the
distance specification requirements of Subsection B and the county owned or operated water supply
and distribution system to which the Planned Unit Development would connect shall be of
insufficient capacity to permit the delivery of water to said subdivision, the subject Planned Unit
Development shall be relieved of the requirement to connect to such county system.
D. Review Requirements: When a developer or subdivide is required to install a water distribution
system pursuant to this section, prior to final approval of the record plat, the plans for the water
distribution system to be so installed shall be submitted to the County Director of Public Utilities.
The location, size and specifications of the water distribution system shall be placed upon said plat
for review and approval. The County Director of Public Utilities shall review the information
supplied and determine whether the plans meet the requirements of this section.
E. Plan Specification: The plans for a water distribution system to be installed pursuant to this section shall
show and/or state thereon such information as will indicate that the system planned will meet, when
constructed and installed, the requirements of this section.
F. Water Distribution System Specifications: A water distribution system to be constructed within a
Planned Unit Development pursuant to this section and/or connected to the county owned or
operated system shall:
1. Be properly connected in such a manner as to adequately serve all lots shown on the
subdivision plat (including both present and future lots) for domestic use and fire protection.
2. Conform to the specifications of the Harnett County Department of Public Utilities as
provided by said Department and conform to the accepted standards of good practice for
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water system construction, as specified by the Division of Health Services, Department of
Human Resources, of the State of North Carolina (or any successor agency thereof) and as
specified in the Harnett County water system extension policy.
3. Be approved by the necessary Federal and/or State agencies prior to or at the time of
completion.
4. Conform to all Federal, State and/or local ordinances, rules and regulations relating thereto
and any license and/or permits required thereby shall be obtained.
5. Be constructed pursuant to the necessary contractual agreements required by
the policies, rules and regulations of the Harnett County Department of Public Utilities.
G. Fire Hydrants: In a Planned Unit Development where an adequate public water supply system is
available, the developer or subdivider shall install fire hydrants in such a manner that the
subdivision is afforded adequate fire protection or as provided in this Ordinance.
1. All hydrants shall be American Water Works Association approved.
2. No fire hydrant shall be installed on less than a 6" main.
3. Hydrants shall have two 2 Y2" and one 4 %2" connection with threads of the National Standard
Thread type.
4. The upper hydrant operation stem within the bonnet shall be sealed and lubricated by means
of an oil or grease bath. The operating nut shall be Nation Standard Pentagon type measuring
1 '/2" from point to flat. Hydrants shall open left.
5. Fire hydrants shall be located in such a manner that no lot is further than five hundred feet
(500) from a hydrant.
6. All hydrants shall be famished with barrel and stem extensions as required for the final field
location. Nominal minimum bury will be 3 'h feet.
7. All five hydrants shall be located on the right side of the road way in which responding fie
apparatus would travel within the Planned Unit Development.
8. All hydrants at finish grade shall measure 18" from the ground to center of steamer cap.
9. The Fire Marshal's office shall approve all hydrant types and locations in Planned Unit
Developments and any alterations to the requirements specified in this section related to fire
hydrants and fire protection.
H. Planned Unit Developments Where Section Not Applicable: When located outside the service area
of a County owned or operated water supply and distribution system and/or outside the distance
specifications, lot sizes within a Planned Unit Development may be allowed to be reduced, provided
adequate water is available for domestic use from a community water system to be installed by the
developer; and provided six (6) inch water lines are installed to service fire hydrant locations such
that no lot is farther than 500 feet from such a location, and stub outs with gate valves are provided at
said fire hydrant locations. If the Planned Unit Development does not meet these provisions, it shall
be considered under the regulations specified herein for property not having public water available.
1. Construction Period: When a Planned Unit Development is to be developed in phases, the water
distribution system required hereunder may be constructed in steps simultaneous with the
development of each phase.
Section 3.2 Sewage Disposal System
A. Connection Requirement: As to any Planned Unit Development which is created after the adoption
of this section and is located within that number of feet of an existing county owned or operated
sewage disposal system as is specified in Subsection B below, whether the Planned Unit
Development is located within or without the service area if an existing county owned or operated
public sewage disposal system, the Developer or Subdivider shall cause a sewage disposal system,
meeting the standards herein specified, to be constructed and installed in such Planned Unit
Development and shall further cause said sewage disposal system to be connected to the existing
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county owned or operated public sewage disposal system which is located as specified in said
Subsection B. This requirement also applies to new phases of existing subdivisions where these
phases have not been previously approved by the Harnett County Planning Board and are now being
developed as a Planned Unit Developmet t.
Consideration shall be given to the acreage of an entire tract and the number of potential lots
therein, taking into account topography, feasibility of the land for further subdivision development,
and other factors. Where, in the opinion of the Planning Board and Utility Department, a subdivision
cannot be economically connected to a County owned or operated sewage disposal system, the
subdivision must contain adequate area (based on information concerning the soil survey, water
table, type of water source, etc.) for the installation of private sewage disposal systems, and must be
approved in writing by the County Health Department. In addition, where, in the opinion of the
Planning Board and Utility Department, a subdivision cannot be economically connected to a County
owned or operated sewage disposal system, the Developer or Subdivider may establish and create a
public sewage disposal system or connect the subdivision to an existing public sewage disposal
system. However, such created public sewage disposal system or such sewage disposal system to be
connected to an existing system shall be approved by and meet the requirements of all Federal, State
and local governments, including but not limited to the Division of Health Services, Department of
Human Resources of the State of North Carolina and the North Carolina Utilities Commission.
B. Distance Specification: A Planned Unit Development shall be required to meet the conditions of this
section when the subdivision is located within that number of feet of an existing County owned or operated
sewage disposal system which equals the product of the number of lots within the Planned Unit
Development (including lots to be developed in the future) multiplied by 100; PROVIDED HOWEVER,
that the maximum distance required for connection shall be 5,000 feet.
C. Subject to Capacity Sufficiency: In the event that a Planned Unit Development should meet the
distance specification requirements of Subsection B and the County owned or operated sewage
disposal system to which the Planned Unit Developnimt would connect shall be of insufficient
capacity to permit the collection and treatment of sewage from said Planned Unit Development, the
subject Planted Unit Development shall be relieved of the requirement to connect to such County
system.
D. Review Requirements: When a Developer or Subdivider is required to install a sewage disposal
system pursuant to this section, prior to final approval of the record plat, the plans for the sewage
disposal system to be so installed shall be submitted to the County Director of Public Utilities. The
location, size, and specifications of the sewage disposal system shall be placed upon said plat for
review and approval. The County Director of Public Utilities shall review the information supplied
and determine whether the plans meet the requirements of this section
E. Plan Sceciftcation: The plans for a sewage disposal system to be installed pursuant to this section
shall show and/or state thereon such information as will indicate that the system planned will meet, when
constructed and installed, the requirements of this section.
F. Sewage Disposal System Specifications: A sewage disposal system to be constructed within a Planned
Unit Development pursuant to this section and/or connected to the County owned or operated system shall:
I. Be properly connected in such a manner as to adequately serve all lots shown on the Planned
Unit Development plat (including both present and future lots).
2. Conform to the specifications of the Harnett County Department of Public Utilities as
provided by said Department and conform to the accepted standards of good practice for
sewage system construction, as specified by the Division of Health Services, Department of
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Human Resources, of the State of North Carolina (or any successor agency thereof) and as
specified in the Harnett County sewage system extension policy.
3. Be approved by the necessary Federal and/or State agencies prior to or at the time of
completion.
4. Conform to all Federal, State and/or local ordinances, rules, and regulations relating thereto
and any scene and/or permits required thereby shall be obtained.
Be constructed pursuant to the necessary contractual agreements required by the policies,
rules, and regulations of the Harnett County Department of Public Utilities.
G. Construction Phased: When a Planned Unit Development is to be developed in phases, the sewage
disposal system required hereunder may be constructed in steps simultaneous with the development
of each phase.
H. Planned Unit Developments Where Section Not Applicable: When located outside the service area of a
County owned or operated sewage disposal system and/or outside the distance specifications, lot sizes
within a subdivision may be allowed to be reduced, provided adequate sewage disposal is provided from a
community sewerage system to be installed by the developer. If the subdivision does not meet these
provisions, it shall be considered under the regulations specified herein for property not having public
sewage disposal.
Section 4.0 Off Street Parking Requirements
Permanent off -street parking spaces shall be provided according to the requirements set forth in
the following sections.
Section 4.1 Minimum Parking Space Requirements
Parking space requirements for the uses listed below is as follows:
(1) Residence, single family or two family - two (2) spaces for each dwelling unit
(2) Residence, multi - family — one (1) and one -half (' /2) spaces for each dwelling unit
(3) Golf Courses — four (4) spaces for each hole
(4) Public or Private Clubs and Community Centers — one (1) parking space for each 200 square feet of
gross floor area.
(5) Restaurants — one (1) space for each four (4) seats, plus one (1) space for each two (2) employees
(6) Shopping Centers — parking spaces for individual uses therein may be provided collectively. Such
parking spaces shall be provided on the basis of six (6) spaces for each 1,000 square feet of gross
floor space in the center.
(7) General or professional offices — one (1) space for each 200 square feet of gross floor space plus one
(1) space for each two (2) employees
(8) Retail uses not otherwise indicated — one (1) space for each 200 square feet of gross floor space
(9) Industrial and wholesale uses — one (1) parking space for each employee on the largest shift.
(10) Other unspecified uses — as approved by the Harnett County Board of Commissioners following
recommendations from the Planning Board and Planning Department staff.
Section 4.2 Li tins
Except for single family and two family dwellings, all other parking areas shall be lighted adequately by
lighting fixtures which shall be so installed as to protect the streets and neighboring properties from direct
glare or hazardous interference of any kind.
ILO]
Section 4.3 Improvements, Design and Location Standards
All off - street parking lots, except for single family and two family residences, including exits, entrances
and maneuvering and parking areas shall:
(1) Abut a dedicated street or alley
(2) Have access drives or lanes which are at least ten (10) feet wide for single lane movement and
twenty (20) feet wide for double lane movement
(3) Be graded so as to ensure positive drainage
(4) Be permanently maintained by the individual owner or by the Homeowners' Association
Section 4.4 Parking Area Surface Requirements
All parking area surfaces and access drives of business, industrial, wholesale or recreation uses shall
be surfaced with concrete, asphalt or a minimum of six (6) inches of compacted gravel and shall be
maintained in a dust free condition.
Section 4.5 Individual Parking Space Size Requirements
The minimum width of each space is nhre (9) feet and the length of each space is twenty (20) feet.
Except for parking lots whose surface is compacted, each parking space shall be marked However, the
requirement for marking spaces shall not apply to single family residences but does apply to all other
residential uses.
Section 5.0 Off Street Loading Requirements
All business, industrial, wholesale, recreation and other specified uses shall provide off -street loading
spaces sufficient to allow all loading and unloading of vehicles to take place entirely within the property lines
of the premises.
Industrial and Wholesale - Considered as one establishment: one berth for every 10,000 square feet of gross
floor area plus one berth for each additional 10,000 square feet of gross floor area up to 30,000 square feet
plus one berth for every 30,000 square feet of gross floor area or a portion thereof in excess of the first 30,000
square feet of gross floor area.
Recreation: for pro shops, community centers and other related structures used for active recreation one berth
if over 10,000 square feet of gross floor area and one berth for each additional 15,000 square feet of gross
floor area up to 45,000 square feet. Clubhouses of less than 10,000 square feet shall provide service drives but
are not required to have a loading dock.
Other Unspecified Uses: As approved by the Harnett County Commissioners following recommendations
from the Planning Board and Planning Department staff.
Section 5.1 Design Criteria
Loading berths shall have the following minimum dimensions: width —12 feet; length — 55 feet; and height
clearance -15 feet.
Such berths shall be designed, along with the means of egress and ingress to such berths, so as not to
interfere with the free, normal movement of vehicles and pedestrians on public rights -of -way.
Section 5.2 Requirements for Specified Uses
The minimum number of off - street loading berths to be provided by individual establishments shall
be according to the following schedule:
Retail Service Establishments: one berth for every 15,000 square feet of gross floor area; however, two or
more adjoining establishments with a total gross floor area of less than specified herein shall be considered as
one establishment.
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Section 6.0 Sign Requirements
It is the intent of this Ordinance that all signs erected or installed within a Planned Unit Development
have an aesthetically pleasing appearance which contributes to the area's attractiveness. To achieve this goal,
signs must be uniform in appearance and of a size which is in direct proportion to the site upon which it's
located. While it is recognized that signs have a role to play in conveying information to the general public, it
is also recognized that improper use of signs can be detrimental to real estate development.
To accomplish this goal, no exterior sign may be erected, posted, re- posted, placed, replaced, hung,
re -hung, painted or repainted except in compliance with this Ordinance and any other applicable regulations.
Section 6.1 Prohibited Signs
(1) Any sign that obscures a sign displayed by public authority for the purpose of giving traffic
instruction, direction or other public information
(2) Any sign that uses the word "stop" or "danger" or is a copy of any other sign erected by a public
authority for the purposes of public safety
(3) Any sign that obscures or obstructs any window, door, fire escape, stairway, ladder or opening
intended to provide light, air, ingress or egress for any building as required by law
(4) Any portable sign including any sign displayed on a vehicle when used primarily for the purpose of
such display; provided, however that this paragraph shall not apply to temporary political signs
(5) Airy sign that violates any provision of State or Federal Regulations relative to outdoor advertising
(6) Outdoor Advertising Signs which include any outdoor sign, display, device, plaque, poster, billboard
or any other thing designed or intended to advertise or call attention to a subject unrelated to the
premises upon which the sign is located
Section 6.2 Illumination
If illuminated, signs shall conform to the following requirements:
(1) Signs installed under the provisions of this ordinance shall be constructed to meat the requirements
of all applicable electrical codes.
(2) Signs using flashing, intermittent or moving lights are prohibited except those giving public
information such as time, temperature and date.
(3) Illuminated signs shall be limited to those lighted internally with glass or plastic faces bearing the
advertisement; provided however that exposed neon tubing and exposed incandescent or other bulbs
not exceeding fifteen (15) watts each shall be permitted.
(4) Display lighting shall be shielded so as to prevent direct rays of light from being cast into any
adjoining property or vehicle approaching on a public right -of -way from any direction.
Section 6.3 Setback Requirements
Free standing signs shall be set back at least ten (10) feet from any public right -of -way or property
line and fifty (50) feet from any road intersection, except for those signs erected for orderly traffic control and
governmental purposes or directional signs of less than six (6) square feet.
Section 6.4 Calculation of Sign Dimensions
The square foot area shall be measured to include the entire sign including lattice work, fencing
or wall work incidental to its decoration. For signs consisting of individual letters placed directly on a
wall, building surface, awning or marquee, the area of the sign shall be that of the smallest parallelogram
within which all of the lettering combined can be included.
Section 6.5 Sign Size Requirements
Signs for retail and service, industrial and wholesale and recreation facilities are permitted as on-
premise signs according to the following limitations:
(1) No sign shall project more that one (1) foot from any building wall.
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(2) If suspended from under a canopy, the sign shall be not less than eight (8) feet above the sidewalk,
pavement or ground level.
(3) No sign shall be mounted on any roof nor shall any sign extend above any parapet wall. For purposes
of this Subsection, "roof' shall meats that portion of the entire roof that covers the enclosed portion
of the structure.
(4) Signs shall have a total display area in square feet per establishment no greater than one-half square
foot for each linear foot of building lot frontage, but in no case greater than 300 square feet.
(5) Establishments within a shopping complex containing five (5) or more businesses located in a
unified building or group of buildings may have one (1) individual storefront sign per business
provided that no sign shall exceed 100 square feet. Additionally, the shopping complex as a whole
may have one (1) detached sign per street front not to exceed 300 square feet in area per street front.
No detached sign in this category shall be taller than thirty-five (35) feet above grade.
(6) Any sign painted on a building wall shall meet all applicable requirements of this section.
Section 6.6 Signs for Residential Uses
Signs for residential uses within Planned Unit Developments tray be permitted according to the
following requirements:
(1) Each Planned Unit Development may have one (1) identification sign on each side of the printery
entrances to the site and shall not exceed fifty (50) square feet each. Letters or designs on a
permanent entrance monument are not "signs" for purposes of Section 8.6(1).
(2) Planned Unit Development identification signs shall be located on private property and shall be
installed so as to not interfere with the line of sight needed for safe movement onto the intersecting
road.
(3) Such signs may be lighted internally or externally. If lighted externally the lights shall be shielded so
as to not interfere with traffic flow or shine on adjoining property.
Section 6.7 Application Procedure
Applications for permits to erect, hang, place, paint or alter the structure of signs shall be submitted
to the Administrator of this Ordinance or his designee on forms available from the Harnett County Planning
Department. Each application shall be accompanied by a plan showing the following:
(1) The exact location on the structure on which the sign is to be located
(2) Size, character, general layout and design of the sign and be accompanied by shop drawings.
(3) The method and type of illumination, if any
(4) The location proposed for such signs in relation to property lines, intersections and other existing
signs
(5) If needed, the Administrator of this Ordinance may require additional information which will enable
him to determine if such signs are to be erected in conformance with these regulations.
(6) Applicants shall pay any administrative fee established by the County at the time the permit
application is filed.
Section 6.8 Administration
The Administrator of this Ordinance or his designee shall issue a permit for the erection or construction of
signs which meets the requirements of this Ordinance.
Section 7.0 Naming of Planned Unit Developments and Other Required Improvements
All Planned Unit Developments shall establish a name that is reviewed and approved during the
review process. Other improvements including, but not limited to, street signs and sidewalks are required.
VAl
Section 7.1 Naming of Planned Unit Developments
All Planned Unit Developments constructed within the jurisdiction of Harnett County shall be
named Names shall be approved during the development review process and exact or phonetic duplications
of existing subdivision names shall not be allowed. The use of initials, acronyms, letters, numbers and
Roman numerals in subdivision names is prohibited.
Subsections of a Planned Unit Development may also be named provided that such subsections are
clearly identified as being part of a larger development and shall be so labeled on recorded plats.
Section 7.2 Street Signs
Street signs of a design approved by Harnett County are required and shall be provided by the
developer. All street signs shall be purchased through the County prior to approval of any final plats. All
street signs and other public signs may be mounted on plaques and/or posts at the cost of the Developer if
such installation does not distract from the public purpose of the signs. Such non - standard signs shall be
maintained by the Homeowners Association of the Planned Unit Development. All sign installation must be
in accordance with the regulations set forth by the Harnett County E -91 I Coordinator.
Section 7.3 Sidewalks
In clearly defined subsections of any Planned Unit Development in which the residential density
exceeds three (3) dwelling units per acre sidewalks shall be required. Sidewalks shall be concrete and must
be not less than four (4) feet wide. Sidewalks are required on only one (1) side of the street.
Section 8.0 Lot and Setback Requirements
Lots sizes and setbacks of structures are to be established by area on the preliminary plat. Unless
otherwise approved on the preliminary plat, lots and cul- de-sacs within Planned Unit Developments must be
designed according to the following criteria. And unless otherwise approved on the preliminary plat,
structures erected on lots must meet the setback requirements specified herein.
Section 8.1 Lot Requirements
A. Every lot intended for single family residence shall abut a public or private street for a distance of at
least eighty (80) feet except on the bulb of a cul-de-sac where forty (40) feet is acceptable. In no
case shall there be more than one (1) single family residential structure and accessory building per
lot.
B. Every lot intended for patio homes or townhomes shall abut a public or private street for a distance of
at least twenty (20) feet.
C. Minimum lot widths for all uses not herein addressed will be determined on a case-by -case basis by
the Board of Commissioners following a recommendation from the Planning Board.
D. Lots intended for single family residences not served by public water and sewer shall be at least
twenty thousand (20,000) square feet in area.
E. Lots intended for single family residences and are saved by a public water or sewer system shall be
at least fifteen thousand (15,000) square feet in area.
F. Lots intended for single family residences and are served by public water and sewer service shall be
at least ten thousand (10,000) square feet in area.
G. Double frontage or reverse frontage lots shall not be permitted.
H. Side lot lines shall be substantially at right angles or radial to street lines.
1. If septic tank systems are used, in no instance shall any lot be smaller than the size specified by the
Environmental Health Section of the Harnett County Health Department.
J. Lots intended for apartments which have public water and public sewer service shall abut a public or
private street for at least ninety (90) feet. Density shall not exceed twelve (12) units per acre.
K. Lots intended for apartments, which have public water or sewer service, shall abut a public or private
sheet for at least one hundred (100) feet. Density shall not exceed nine (9) units per acre.
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Section 8.2 RESERVED FOR FUTURE USE
Section 8.3 Minimum Building Setback Requirements
A. The following minimum setbacks shall apply:
Front: 30' if the street right of way is 60' or more. 35' if the street right of way is less than 60'. All
as measured from the front property line to the body of the structure. The front property line
and stred right -of -way lines are considered to be coterminous lines.
Rear: 25' as measured from the rear property line to the body of the structure.
Side: 10' as measured from the side property line to the body of the structure on one side of the
structure. 5' as measured from the side property line to the body of the structure on one side
of the structure. In no case shall a fixed or operating window, door, or other opening be less
than 10' from a side property line as measured from the property line to the fused or
operating window, door, or other opening.
Side: (Comer Lot): 20' as measured from the property line to the body of the structure as
measured from the right -of -way line for the street abutting the side of the lot.
Bay windows and fireplaces may incur into setbacks only if they are cantilevered and have no
foundation. Freestanding gazeboes, freestanding decks, sheds and storage buildings are to be
treated as accessory buildings. No accessory building shall exceed 600 square feet in area based
on exterior dimensions or be located within 5 feet of any property line or easement. All accessory
buildings shall be located within the rear yard.
B. All measurements shall be taken from the right -of -way line. All required yards shall extend across
the full front width, rear width or side width of the lot.
Buildings used for non - residential uses, which do not share a common wall
shall be located at least 20 feet away from the nearest adjacent structure.
C. Cul -de -sacs shall not exceed two thousand (2,000) feet in length.. A minimum of a six (6) inch water
line shall be provided on all cul-de -sacs longer than one thousand (1,000) feet in length.
Section 8.4 Special Requirements for Nonresidential Uses
Commercial, office and industrial uses may be part of a residential Planned Unit Development
provided such uses are approved as part of the Outline Development Plan. Additionally, Planned Unit
Developments which include a mixture of Commercial, Office and Industrial uses without residential uses
may be approved. Mixed use Planned Unit Developments are subject to the following additional
requirements:
A. Such areas of a specified size shall be planned as an integral part of the Planned Unit
Development.
B. Proposed uses are needed by and intended primarily for the service and convenience of residents
of the Planned Unit Development.
C. Such areas shall be so located and designed so as to provide direct access to a major street
without creating traffic hazards or congestion on other streets.
D. The layout of parking areas, loading areas, entrances, exits, landscaping, signs, lighting, noise or
other potentially adverse influences shall be such as to protect the residential character within and
adjacent to the Planned Unit Development.
E. No building designed or intended to be used, in whole or in part, for commercial purposes shall
be constructed prior to the construction of less than fifty (50 %) percent of the dwelling units
proposed in the plan or construction of one hundred (100) dwelling units whichever is smaller.
F. Golf courses open to the public and tennis clubs open to the public are not subject to Section 8.4
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Section 8.5 Dimensional Requirements for Nonresidential Uses
Industrial uses within Planned Unit Developments are subject to the following
dimensional requirements:
A. Industrial uses shall be located on a lot containing not less than one (1) acre exclusive of any
right -of -way.
B. The minimum lot width is 150 feet as measured at the front property line.
C. The minimum required front yard is 50 feet measured from the front property line. No off street
parking shall be allowed in the required front yard.
D. The minimum required rear yard is 25 feet measured form the rear property line.
E. The minimum required side yard is 25 feet except for comer lots. The yard on the side of the lot
abutting the side street shall be no less than 50 feet.
F. There is no maximum building height.
Commercial and office uses within Planned Unit Developments are subject to the following
dimensional requirements:
A. Commercial and office uses shall be located on a lot containing not less than 30,000 square feet
exclusive of any right -of -way.
B. The minimum lot width is 100 feet as measured at the front property line.
C. The minimum required front yard is 35 feet measured from the front property line. No off street
parking or storage shall be allowed in the required front yard.
D. The minimum required rear yard is 25 feet measured from the rear property line.
E. The minimum required side yard is 25 feet except for corner lots. The yard on the side of the lot
abutting the side street shall be no less than 50 feet for corner lots.
Section 9.0 Specialized Residential Uses Within Planned Unit Developments
When approved as part of the Outline Development Plan and subsequent preliminary and final
plats certain types of specialized residential uses such as townhomes, condominiums, patio homes, inns,
congregate residences and continuing care retirement facilities may be constructed according to the
following requirements:
Section 9.1 Residential Uses
Condominiums shall meet all requirements of the North Carolina Unit Ownership Act and all applicable
Harnett County regulations.
Patio Homes when designed as single family residences built on individual lots on which the dwelling
meets the required setbacks in the front, rear and one (1) side yard.
Inns containing the required ancillary facilities.
CongregateRresidences containing apartments and dwellings with communal dining facilities and
services provided such as housekeeping, recreation and transportation for age- restricted unrelated able-
bodied adults with assistance provided by a limited number of staff.
Continuing Care Retirement Facilities providing a continuum of accommodations and care from
independent living to long -term care for an age - restricted population. Other permits from the State of
North Carolina are required for this type of facility. Plan approval by Harnett County does not grant or
imply such approval will be forthcoming.
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Section 10.0 Administration of the Planned Unit Development Section
This section shall be administered and enforced by the Chief Planner of Harnett County or his designee
and is hereby appointed in that capacity through adoption of this section.
Section 10.1 Amendments
The Harnett County Commissioners may from time-tc -time make amendments to this ordinance
according to North Carolina General Statutes. However, no amendment shall become effective unless it
shall have been proposed by or shall have been submitted to the Harnett County Planning Board for
review and recommendation. The Harnett County Planning Board shall have sixty (60) calendar days
within which to submit a recommendation. If a recommendation is not submitted within the specified
time, it shall be deemed to have recommended approval of the proposed amendment.
Section 10.2 Conflicts
When the requirements of this Ordinance conflicts with the requirements of other lawfully adopted rules,
regulations or ordinances of Harnett County or deed restrictions imposed by the developer or subdivider,
the more stringent requirements shall govern.
Section 10.3 Fees
The Harnett County Board of Commissioners shall establish the fees to be paid by the developer or
subdivider for review of preliminary and final plats. However, no plats shall be reviewed until all
required fees have been paid.
Section 10.4 Duty of Register of Deeds
The Planning Board of Harnett County shall file a copy of this Ordinance with the Register of Deeds
of Harnett County. The Register of Deeds shall not thereafter file or record a plat of a subdivision located
within the applicable territorial jurisdiction of Harnett County without the approval of the Planning Board and
the County Commissioners, as required in this section. The filing or recording of a plat of a subdivision
without the approval of the Planning Board and the County Commissioners as required by this Ordinance,
shall be null and void. The Clerk of Superior Court of Harnett County shall not order or direct the recording
of a plat where such recording would be in conflict with this section.
Section. 10.5 Penalty
If a person who is owner or agent of the owner of any land located within the territorial jurisdiction
of Harnett County subdivides his land in violation of this section or transfers land by reference to, exhibition
of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved
under this Ordinance and recorded in the Office of the Register of Deeds of Harnett County, he shall be guilty
of a misdemeanor. The description by metes and bounds in the instrument of transfer or other documents
used in the process of selling or transferring land does not exempt the transaction from this penalty.
Any person violating any provisions of this Ordinance or who shall violate or fail to comply with any
other made thereunder, shall be punishable by a fine not to exceed five hundred dollars ($500.00). Each day
such a violation shall be permitted to exist shall constitute a separate offense.
Section 11.0 Exceptions
Notwithstanding the requirements of the Harnett County Zoning Ordinance any development
which has more than 500 lots and which has prior to the date of the adoption of the Harnett County
Planned Unit Development section received approval of all or part of its plans under the Harnett County
Subdivision Ordinance shall not be required to obtain conditional use permits under this Zoning
Ordinance nor be required to obtain any additional approvals of its Outline Development Plan for the
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entire Planned Unit Development nor be required to obtain any additional approvals of those preliminary
plats previously approved under the Harnett County Subdivision Ordinance. Such development must,
however, still meet the preliminary plat requirements of the Planned Unit Development section for those
phases of the development not previously approved under the Harnett County Subdivision Ordinance and
must also meet the final plat requirements of the Planed Unit Development section to each and every
phase of the development as each phase is developed and prior to the filing of each final plat.
Section 12.0 Definitions and Interpretations
For the purpose of the Planned Unit Development section only, the following terms have been
defined as:
Accessory Building or Use: a building or use, which is:
conducted or located on the same lot as the principal building or use served, except as may be
specifically provided elsewhere in this section.
clearly incidental to, subordinate in purpose to, and serves the principal use; and
either in the same ownership as the principal use or is clearly operated and
maintained solely for the comfort, convenience, necessity, or benefit of the occupants, employees,
customers, or visitors of or to the principal use.
Freestanding gazeboes, freestanding decks, sheds and storage buildings are to be treated as accessory
buildings. No accessory building shall exceed 600 square feet in area based on exterior dimensions or be
located within 5 feet of any property line or easement. All accessory buildings shall be located within the
rear yard.
Buffer: is a dense, evergreen hedge or solid fence or wall without any openings used to enclose screen or
separate certain uses as specified in this ordinance. The design, composition, height, width and location
of such facilities shall be approved by the Planning Board prior to installation. All buffers shall be
maintained in perpetuity for the life of the development by either the developer or Homeowners'
Association.
Build' is a structure enclosed and isolated by exterior walls constructed or used for residence, business,
industry or other public or private purposes, or accessory thereto, and including tents, lunch wagons, dining
cars, trailers, and similar structures whether stationary or movable.
Building Principal: is a building in which is conducted the principal use of the plot on which it is situated.
Business Establishment Convenience Type: is a commercial enterprise that caters to the daily needs of
residential neighborhoods. Examples include laundromats, grocery stares, and quick stops. Convenience
business establishments shall not be construed to encompass retail sales not geared toward neighborhood
convenience.
Condominium: a building or group of buildings in which dwelling units are owned individually and the
structure, common areas and facilities are owned by all owners on a proportional, undivided basis and
meets the requirements of the N.C. Unit Ownership Act as specified in GS47A -1 et seq.
Congregate Residences: Apartments and dwellings with communal dining facilities and services such as
housekeeping, organized social and recreational activities and other support services appropriate for the
residents.
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Continuing Care Retirement Facility: an age - restricted development that provides a continuum of
accommodations and care ranging from independent living to long -term bed care and enters into contracts
to provide lifelong care in exchange for the payment of monthly fees and an entrance fee in excess of one
year of monthly fees.
Developer: (also "Development Owner" and "Subdivider ") is a person or entity, its successors or assigns,
which owns or has a contract or option to own the property as submitted as a Planned Unit Development.
Duplex: is a residential use consisting of two dwelling units within a single building on a single lot.
Dwelling: is a building, or portion thereof, designed or used exclusively for residential occupancy, including
single- family dwellings, two family dwellings, aril multiple- family dwellings, but not including hotels or
motels.
Dwelling. Multiple - Family: is a building containing three or more dwelling units.
Dwelling. Single Family: is a site-built structure containing one dwelling unit only.
Dwelling Unit: consists of one or more rooms which are arranged, designed, or used as living quarters for
one family only. Individual bathroom(s) and complete kitchen facilities, permanently installed, shall always
be included for each "dwelling unit ".
Frorrtaee: is the length of all the property fronting on one side of a street between the two nearest intersecting
streets, measured along the line of the street, or if dead ended, then all of the property abutting on one side
between an intersecting street and the dead end of the street.
Homeowners' Association: or similar legal entities that are responsible for the maintenance and control of
common areas shall he established in such a manner that:
• Provision for the establishment of the association or similar entity is made before any lot in the
development is sold or any building occupied;
The association or similar legal entity has clear legal authority to maintain and exercise control over
such common areas and facilities;
The association or similar legal entity has the power to compel contributions from residents of the
development to cover their proportionate shares of the casts associated with the maintenance and
upkeep of such common areas and facilities.
Industrial Park: is a special or exclusive type of planned industrial area designed and equipped to
accommodate a community of industries providing them with all necessary facilities and services in attractive
surroundings among compatible neighbors. Industrial parks may be promoted or sponsored by private
developers, community organizations, or government organizations.
Inn: A commercial facility not exceeding fifty (50) sleeping rooms and related ancillary facilities for the
housing and feeding of transmits located within a planned unit development and intended primarily for users
of the development's recreation facilities and located adjacent to the primary recreation facility.
Lot: is a parcel of land occupied or to be occupied by a main building or group of main buildings and
accessory building, together with such yards, open spaces, lot width and lot area as are required by this
section.
Lot, Depth: Is the average horizontal distance between front and rear kit lines.
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Lot Width: is the average horizontal distance between the side property lines.
Outline Development Plan: The master plan for the planned unit development that is approved by the
Planning Board and Board of Commissioners.
Ownership and Maintenance of Recreational Areas and Required Open Space:
• Required recreational facilities and usable open space shall be dedicated either to the County or to a
Homeowners' Association or similar organization.
• The person or entity identified as having the right of ownership and control over such recreational
facilities and open space shall be responsible for the continuing upkeep and proper maintenance of the
same.
e Homeowners' Association or similar entities responsible for such facilities and open space may
charge a special individual fee only for the exclusive use of such areas.
Patio Home: A single family dwelling on a separate lot with open space setbacks on three sides with one
side of the dwelling being on or near a side property line.
Planned Unit Development: is a development constructed on a tract of at least ten (10) acres under single,
corporation, fin, partnership, or association ownership planned and developed 9s a integral unit, and
consisting of a combination of principal uses that could be combined only in a planned unit development.
Residence. Multi - Family: is a residential use consisting of three or more dwelling units located in one or
more buildings on the same lot, or attached or detached units on separate lots at densities permitted only in
multi - family zoning districts.
Setback Line — From: is the minimum horizontal distance between the front line of a building or structure
and the front property line or right -of -way line.
Setback Line — Rear: is the minimum horizontal distance between the rear line of a building or structure and
the rear property line or right -of -way line.
Setback Line — Side: is the minimum horizontal distance between the sideline of a building or structure and
the side property line or right -of -way line.
Shopying Center: is two or more commercial establishments having off - street parking and loading facilities
provided on the property and related in location, size, and type of shops to the trade area which the unit
serves.
Sign: is an advertising device used to disseminate information concerning a person, place, or thing.
Sim — Business: is any sign, which directs attention to a business, profession, industry, or service located on
the premises where such sign is displayed.
Sign - Outdoor Advertising: is any outdoor sign, display, light, device, figure, painting, drawing, message,
plaque, poster, billboard, or any other thing which is designed, intended or used to advertise or inform any
part of the advertising or information contents, to the public about a subject unrelated to the premises upon
which the sign is located.
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Structure: is anything constructed or erected, the use of which required permanent location on the ground, or
attachment to something having a permanent location on the ground, including advertising signs.
Subdivision Administrator: The Chief Planner in the Harnett County Planning Department or his designee
who has administrative and enforcement duties related to this section.
Townhome: An attached single family dwelling on a fee - simple lot meeting the minimum front and rear yard
setback requirements and sharing a common side(s) with adjoining units within a townhome complex.
Unit Ownership Structure: is any building or structure in which unit ownership has been created by the
owners or co-owners of an express declaration of intent under the Unit Ownership Act of Chapter 47A -1 et
seq. N.C. General Statutes.
Yard. Required Front: is an open space on the same lot with a building, between the minimum front setback
line and the front property or street right -of -way line extending across the full width of the lot.
Yard. Required Side: is an open, space on the same lot with a building between the minimum side setback
line and side line of the lot and extending from the front yard line to the rear yard line.
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Section 13.0 Certificates
APPENDIX A
Certificates
The following certificates are required to appear on all final Planned Unit Development plats or to
appear on a separate sheet to be permanently attached to all final Planned Unit Development plats.
Certification of Ownership. Dedication and Jurisdiction
I (we) hereby certify that I am (we are) the owner(s) or agent of the property shown and described hereon and
that I (we) hereby adopt this plan of a Planned Unit Development with my (our) free consent, establish the
minimum building setback lines, and dedicate all streets, alleys, walks, parks, and other sites and easements
to public or private use as noted, and all of the land shown hereon is within the Subdivision Ordinance
jurisdiction of Harnett County except:
2000
(Date)
Tax Parcel ID Number
(der)
Certificate of Accuracy and Mapping
I, , certify that this map was (drawn by me) (drawn under my supervision) from (an actual
survey made by me) (an actual survey made under my supervision) (deed description recorded in Book
Page _; Book Page _; etc.) (other) that the erns of closure as calculated by latitudes and departures is
that the boundaries not surveyed are shown as broken lines plotted from information found in
(Source)
Witness my hand and seal this _ day of 2000
Registration Number:
(Surveyor)
Certificate of Approval by the Planning Board
The Harnett County Planning Board hereby approves the final plat for the _
Planned Unit Development.
2000
(Date)
Chairman, Harnett County Planning Board
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Certificate of Approval by the County Commissioners
The Harnett County Board of Commissioners hereby approves the final plat for
Planned Unit Development.
(Date)
Chairman, Hamett County Board of Commissioners
Certificate of Registration by Register of Deeds
North Carolina
Hamett County
Filed for registration on the _ day of _ at _ (am/pm) and duly recorded in the Map Book _ at page
Register of Deeds of Harnett County
NOTE: N.C. DEPARTMENT OF TRANSPORTATION, HARNETT COUNTY HEALTH
DEPARTMENT AND HARNETT COUNTY PUBLIC UTILITIES HAVE THEIR OWN
STAMPS.
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Article XI Mining General Regulations
Section 1.0 Findings
Extraction of mineral resources is a basic and essential industry which plays an important part in
Harnett County economy. While mining of crushed stone is presently the most important mining activity in
Harnett County, other mineral products can become important to the economy of the County. Mining is a
peculiar land use in that the location of mineral deposits will, in part, be detemnined only after exploration and
discovery in the future. Consequently, the precise location of zoning districts wherein mining' may take place
cannot always be predetermined. Mineral extraction involves several methods — quarrying, open -pit, drilling,
tunneling etc., each of which affect a neighborhood environment differently.
Therefore, the Board of Commissioners concludes that extraction of mineral resources should be
encouraged; that the fundamental purposes and procedures of zoning would be served best'by adoption of
general regulations governing mining, which apply to all use-specific districts; that the Board of Adjustment
should consider each location proposed to be mined to determine whether, and under what conditions or
safeguards they should authorize mining by the issuance of Conditional Use Permits.
Section 2,0 Statement of Purpose
The purpose of this section is to provide that:
2.1 No mining shall be commenced in Harnett County's zoning jurisdictions until a conditional
use permit has been approved by the Board of Adjustment.
2.2 Conditional use approval granted by the Board of Adjustment shall not become effective
until a mining permit is issued by the North Carolina Department of Environment, Health,
and Natural Resources, Division of Land Resources, Land Quality Section, or successor
agency.
2.3 Mining may occur in any Harnett County zoning district for which mining is listed as a
conditional use subject to the terms and conditions of this Section and Article VII -
Conditional Uses. In keeping with Article VII, Section 4.0 (4.3), the following guidelines
shall be used:
A. The operation will not constitute a substantial physical hazard to a neighboring
dwelling house, school, church, hospital, commercial, or industrial building, public
road, or public property.
B. The operation will not have a significantly adverse effect on the purposes of a
publicly -owned park, forest, or recreation area.
2.4 A conditional use permit shall automatically expire if at any time after its issuance the State
Mining Permit is revoked or terminated.
Section 3,0 Definitions
Definitions as listed in the General Statutes of North Carolina, as amended, (North Carolina Mining
Act of 1971), shall apply to this Sub-section-
Section 4.0 Permit Application
4.1 Applicants for a conditional use permit shall submit to the Harnett County Planning
Department two (2) copies of all documents required by the State of North Carolina for a
Mining Permit Application, the Reclamation Plan, and any maps and charts accompanying
these documents. These documents shall be reviewed by the Harnett County Board of
Adjustment
4.2 The Board of Adjustment shall take action on the request for conditional use permits by first
scheduling a public hearing within 60 days after the application is filed.
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Section 5.0 Screening Standards
5.1 A visual screen of at least fifty percent (50 %) opacity shall be established and maintained
around that portion of the mining site that is being excavated or being used for the storage of
minerals if required in writing by property owners adjacent to the mining site. A copy of
said written request shall be submitted to the permittee. Such screening is required only
when such areas are visible at eye -level at ground elevation, at the time of permit issuance,
from state-maintained thoroughfares, publicly -owned areas which have been maintained
essentially in their natural state of
vegetation, residences and other buildings, but not including accessory buildings or
properties. When excavated areas have been reclaimed in accordance with the North
Carolina Mining Act of 1971 as amended, and Chapter 5 of the North Carolina
Administrative Code Title 15, required artificial screening may be removed.
5.2 The visual screening requirements of Sub - Section 5.1 may be exempted when:
A. The Planning Department determines that existing vegetative cover will fulfill these
requirements. Such natural screening may consist of existing vegetative cover
including, but not limited to, trees and shrubs having an opacity of not less than fifty
percent (50%) at all seasons of the year. Screening may also consist of earthen
berms or other artificial screens used individually or in combination with each other
and existing vegetation to achieve a screening effect of at least fifty percent (50%)
opacity during all seasons of the year. Screening materials and vegetation may be
located in required buffer areas. All berms and other artificial screens requiring
extensive land disturbance shall comply with the North Carolina General Statutes.
B. It is determined that due to topographic, or other circumstances where, through no
fault of the permittee, a fifty percent (50 1/o) opacity cannot be provided.
Section 6.0 Vibration Standards
All mining activities in Harnett County shall conform to the vibration policy adopted by the Land
Quality Section of the North Carolina Department of Environment, Health and Natural Resources.
Section 7.0 Non - Conforming Mining Operations
Mining operations begun prior to the adoption of the Zoning Ordinance shall be allowed to continue
as non - conforming uses after that date. Mining operations for purposes of this section are defined as those in
operation or for which an application for a mining permit has been made to the North Carolina Department of
Environment, Health and Natural Resources.
Article XII Board of Ado ustment
Section 1.0 Creating the Board of Adjustment
1.1 The Board of Adjustment is hereby created, which shall consist of five (5) members and two
(2) alternates, who shall all be citizens of Harnett County, North Carolina. These members
shall be appointed by the Board of County Commissioners for staggered three-year terms.
Alternates shall also be appointed to three -year terms.
1.2 Initial appointment of the members shall be as follows: One member for a term of three
years, two members for a term of two years, and two members for a tern of one year.
Vacancies shall be filled for unexpired terns only. Members shall be removed for cause by
the Board of Commissioners upon written charges and after a public hearing. The members
of the Board of Adjustment may receive for their services per diem compensation the
amount of which shall be fixed by the County Board of Commissioners.
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1.3 The Board of Adjustment shall elect one of its members as chairman and another as vice -
chairman and shall appoint a secretary to keep minutes of its proceedings. The Board shall
adopt such rules and regulations as it may deem necessary to carry into effect the provisions
of this section. These rules and regulations shall be designated in the Hamett County Board
of Adjustment By -Laws, which shall be kept on file in the County Planning Office.
1.4 The Chairman of the Board of Adjustment is authorized in his official capacity to administer
oaths to witnesses in any matter coming before the Board. Any member of the Board, while
acting as chairman, shall have and may exercise like authority.
1.5 All meetings of the Board shall be held at a regular place and shall be open to the public.
The Board shall keep minutes of its proceedings, showing the vote of each member upon
each question, or if absent or failing to vote, an indication of such fact, and the final
disposition of appeals shall be by recorded resolution indicating the reasons of the Board
thereof, all of which shall be a public record.
1.6 A concurring vote of four -fifths majority of the Board shall be necessary to reverse any
order, requirement, decision, or determination of the Zoning Administrator or to grant a
variance from the provision of this Ordinance.
Section 2.0 Powers and Duties
The Board of Adjustment shall have the following powers and duties:
2.1 Administrative Review
To hear and decide appeals where it is alleged there is error in any order, requirement,
decision, or determination made by the Zoning Administrator in the enforcement of this
Ordinance.
2.2 Variance
To authorize upon appeal in specific cases such variances from the terms of the Ordinance as
will not be contrary to the public interest where, owing to special conditions a literal
enforcement of the provisions of the Ordinance will, in an individual case, result in practical
difficulty or unnecessary hardship, so that the spirit of the Ordinance shall be observed,
public safety and welfare secured, and substantial justice done. The existence of a
nonconforming use on neighboring land, buildings, or structures in the same district or of
permitted or nonconforming uses in other districts shall not constitute a reason for the
requested variances. Such variances may be granted in such individual case' of unnecessary
hardships only upon findings by the Board of Adjustment after a public hearing that the
following conditions exist:
A. There are extraordinary and exceptional conditions pertaining to the particular piece
of property in question because of its size, shape, or topography that are not
applicable to other lands or structures in the same district.
B. Granting the variance requested will not confer upon the applicant any special
privileges that are denied to other residents of the district in which the property is
located.
C. A literal interpretation of the provisions of this Ordinance would deprive the
applicant of rights commonly enjoyed by other residents of the district in which the
property is located.
D. The requested variance will be in harmony with the purpose and intent of this
Ordinance and will not be injurious to the neighborhood or to the general welfare.
E. The special circumstances are not the result of the actions of the applicant.
F, The variance requested is the minimum variance that will make possible the legal
use of the land, building or structure.
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2.3 Conditional Use Permits:
To issue conditional use permits as prescribed elsewhere in this Ordinance.
Section 3.0 Filing and Notice of an Appeal
Appeals from the enforcement and interpretation of this Ordinance and requests for variances shall
be filed with the Zoning Administrator specifying the grounds thereof. The Zoning Administrator shall
transmit to the Board of Adjustment all applications and records pertaining to such appeals and variances.
The Board of Adjustment shall fix a reasonable time for the hearing of appeal, giving notice to all participants
by first class mail. An appeal stays all proceedings in furtherance of the action appealed from unless the
Zoning Administrator certifies to the Board of Adjustment that by reason of facts stated in the record a stay
would, in his opinion, cause eminent peril to life and or property. In such a case proceedings shall not be
stayed other than by an order from the Harnett County Superior Court.
Section 4.0 Fees for Variances or Appeals
The County Board of Commissioners shall set a fee, payable to Harnett County, North Carolina, to
cover the necessary administrative costs and advertising of each application for a variance or appeal. The set
fee shall be posted in the County s Planning Department office.
Article XIII Changes and Amendments
The Harnett County Board of Commissioners may amend, supplement, or change the text
regulations and zoning district lines according to the following procedures:
Upon the filing of an application for a zoning change or a voluntary petition for zoning, a
moratorium shall go into effect whereby the Harnett County Planning Department, Harnett County
Environment Health Department, Harnett County Public Utilities Department, and Harnett County
Inspections Department shall not accept applications for permits, requests for approval of minor subdivisions,
preliminary plats for major subdivisions, and manufactured home parks within the proposed zoning area.
This moratorium shall exist for 120 days from the date the application or petition is filed with the Harnett
County Planning Department or until the petition is approved or disapproved by the Harnett County Board of
Commissioners whichever first occurs. However, those applications for permits, minor subdivision
approvals and preliminary plat approvals meeting all provisions of the proposed zoning district, and not in
conflict with the current zoning, will be accepted and processed provided approval has been granted or
recommended by the Zoning Administrator or his designee.
Section 1.0 Action by the Applicant
The following actions shall be taken by the applicant:
1.1 Initiation of Amendments
A. Proposed changes or amendments to the Official Zoning Map may be initiated by
the County Board of Commissioners, Planning Board, Board of Adjustment, or by
the owner(s), or his agent, of property within the area proposed to be changed.
Property not owned by the applicant(s) may be included as part of a proposed
amendment to the Official Zoning Map provided that property owned by the
applicant(s) is also included. Applications by the owner or his agent for changes or
amendments to the Official Zoning Map may be submitted no more than once
within a 12 -month period for each individual parcel of property.
B. Proposed amendments to the text of the Ordinance may be initiated by any
interested party.
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1.2 Annlication
A. An application must be filed in the Planning Office for any proposed map change or
text amendment. This application must cite the area on the existing map or the
portion of the existing Ordinance for which the change is requested
B. This application shall be filed in the office of the Zoning Administrator according to
the filing schedule located in the County s Planning Department office.
C. The County Board of Commissioners shall set a flee, payable to Harnett County,
North Carolina., to cover the necessary administrative costs and advertising of each
proposed amendment or map change application. The set fee shall be posted in the
County's Planning Department Office . The Planning Board, Board of Adjustment,
and Board of County Commissioners shall be exempted from this fee.
Section 2.0 Action by the Planning Board
The Planning Board shall consider and make recommendations to the County Board of
Commissioners concerning each proposed text change or zoning district change. The following policy
guidelines shall be followed by the Planning Board concerning text change or zoning district change and no
proposed zoning district change will receive favorable recommendation unless:
2.1 The proposal will place all property similarly situated in the area in the same category, or in
appropriate complementary categories.
2.2 There is convincing demonstration that all uses permitted under the proposed district
classification would be in the general public interest and not merely in the interest of an
individual or small group.
2.3 There is convincing demonstration that all uses permitted under the proposed district
classification would be appropriate in the area included in the proposed change. (When a
new district designation is assigned, any use permitted in the district is allowable, so brag as
it meets district requirements, and not merely uses which applicants state they intend to
make of the property involved.)
2.4 There is convincing demonstration that the character of the neighborhood will not be
materially and adversely affected by any use permitted in the proposed change.
2.5 The proposed change is in accordance with the comprehensive plan and sound planning
principles.
Section 3.0 Action by the Board of County Commissioners
The County Board of Commissioner may from time to time as they see fit, amend any provisions of
this Ordinance according to the following procedure:
3.1 Notice of Public Hearing
No amendment or map change shall be adopted by the County Board of
Commissioners until and after public notice and hearing. Such notice and hearing shall be
as provided in NC Statute I53A -323 and 153A -343 as each may exist from time to time.
The applicant shall be responsible for providing the names and addresses and stamped,
addressed envelopes of all property owners within the application and all adjoining property
owner insofar as the applicant is able to obtain these names and addresses through personal
knowledge, Harnett County Tax Office, or Land Records Office. The Zoning
Administrator, or his designee, shall be responsible for mailing the notices and certifying
that the notices were mailed.
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3.2 Before taking such lawful action as it may deem advisable, the County Board of
Commissioners shall consider the Planning Board's recommendations on each proposed
zoning amendment or map change. If no recommendation is received from the Planning
Board within 30 days after public hearing by the County Board of Commissioners, the
proposed amendment shall be deemed to have been approved by the Planning Board.
Article XIV Administration and Enforcement
Section 1.0 Administration
The Chief Planner or his authorized agent shall be the Zoning Administrator. The Zoning
Administrator shall administer and enforce this Ordinance.
Section 2.0 Enforcement
If the Zoning Administrator shall find that any of the provisions of this Ordinance are being violated,
he shall notify in writing the person responsible for the violation, specifying the nature of the violation and
what corrective measures must be taken. The Zoning Administrator shall order the discontinuance of illegal
buildings or structures or of additions, alterations, or structural changes thereto, discontinuance of any illegal
work being done, or shall take other action authorized by law to insure compliance with or to prevent
violation of the provisions of the Ordinance. Any appeal to the Board of Adjustment regarding an order
made by the Zoning Administrator must be filed in the Planning Department within thirty (30) days of receipt
of the order.
Section 3.0 Land Use Permit for New, Altered, or Temporary Uses
After the adoption of this Ordinance, it shall be unlawful to establish, move, or alter any use other
than a bona fide farm or obtain a permit from the Health Department unless a land use permit is applied for
and issued by the Zoning Administrator.
A temporary land use and building permit may be issued for a period of one year, non - renewable, when an
existing or proposed primary or secondary residence is deemed uninhabitable due to renovation or
construction. A temporary land use and building permit may also be issued for bazaars, carnivals, religious
meetings or seasonal special events provided that such events shall not exceed sixty (60) days within any
twelve (12) month period. The Zoning Administrator shall maintain a record of all land use permits. Failure
to obtain a land use permit shall be a violation of the Ordinance and punishable under Article IV Section 20.0
of this Ordinance.
Section 4.0 Application for Land Use and Building Permits
All applications for land use permits shall be accompanied by a copy of the deed, conditional sales
agreement or other instrument of transfer recorded in the Registry of Harnett County describing the lot in
question and by plans in triplicate, drawn to scale showing the actual dimensions and shape of the lot to be
built upon, the exact sizes and locations on the lot of buildings already existing, if any, and the location and
dimensions of the proposed building or alteration. A surveyed drawing is required for all lots ten (10) acres
or less. The application shall include such other information as may be required by the Zoning Administrator
including existing or proposed uses of the building and land, the number of families or rental units the
building is designed to accommodate, conditions existing on the lot, and such other matters as may be
necessary to determine conformity with, and provide for the enforcement of this Ordinance.
One copy of the plans shall be kept by the Zoning Administrator after he shall have marked such
copy either as approved or disapproved and issued a land use permit. The second copy of the plans, similarly
marked, shall be retained by the Environmental Health Section of the Health Department. The third copy will
be presented to the Building Inspector prior to obtaining a building permit. The above, not withstanding, no
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deed, conditional sales agreement or instrument of transfer copy shall be required of any applicant who
received the property which is the subject of such application by intestate succession.
Section 5.0 Fees
The Board of Commissioners shall set a fee, payable to Harnett County, North Carolina, to cover the
necessary processing cost of all permits. The set fee shall be posted in the County's Planning Department
Office.
Section 6.0 Expiration of Land Use Permit
If the work described in any land use permit has not begun within 6 months from the date of issuance
thereof, said permit shall expire. If after commencement, the work is discontinued for any period of six (6)
months, the permit shall immediately expire and further work as described in the expired permit shall not
proceed unless and until a new land use permit has been obtained.
Section 7.0 Construction and Use to be as Stated on Land Use Permit
Land use permits issued on the basis of plans and applications approved by the Zoning Administrator
authorize only the use, arrangement, and construction set forth in such approved plans and applications. Use,
arrangement, or constriction at variance with that authorized shall be deemed a violation of this Ordinance
and punishable as provided by Article IV Section 20.0 of this Ordinance.
Section 8.0 Certificate of Occupancy
No new building or part thereof shall be occupied, and no addition or enlargement of arry existing
building shall be occupied, and no existing building after being altered or moved shall be occupied, an no
change of occupancy shall be made in any existing building or part thereof, until the Building Inspector has
issued a certificate of occupancy. The change of occupancy provision shall not apply to rooms intended for
transient rental or to re -rental of individual apartment rentals.
A temporary certificate of occupancy may be issued for a portion or portions of a building which
may safely be occupied prior to final completion and occupancy of the entire building.
Application for a certificate of occupancy may be made by the owner or his agent after all final
inspections have been made for new buildings, or in the case of existing buildings, after supplying the
information and data necessary to determine compliance with this Ordinance.
Section 9.0 Right of Appeal
If a land use permit is denied, the applicant may appeal within 30 days of the action of the Zoning
Administrator to the Board of Adjustment.
It is the intention of this Ordinance that (1) all questions arising in connection with the enforcement
of this Ordinance shall be presented first to the Zoning Administrator and that (2) such questions shall be
presented to the Board of Adjustment only on appeal from the Zoning Administrator and within the time
limits prescribed in Sections 2.0 and 9.0, and (3) that from the decision of the Board of Adjustment, recourse
shall be to the courts as provided by law. Any interested party may seek review of a decision of the Board of
Adjustment in Superior Court in the nature of certiorari. Any appeal to the Superior Court shall be taken
within 30 days after the decision of the Board of Adjustment.
It is finther the intention of this Ordinance that the Board of Commissioners in connection with the
Ordinance shall not include the hearing and passing of disputed questions that may arise in connection with
the enforcement thereof or conditional use. The Board of Commissioner's duties shall include the hearing of
amendments to the Zoning Ordinance Text and the Zoning Map and the question of repeal of the Ordinance
as provided by law.
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Article XV Definitions
In the construction of this Ordinance, the definitions contained in this Article shall be observed and
applied, except when the content clearly indicates otherwise. In further amplification and for clarity of
interpretation of the context, the following definitions of word usage shall apply:
- Words used in the present tense shall include the future; and words used in the singular
number shall include the plural number, and the plural the singular.
- The word "shall" is mandatory and not discretionary.
- The word "may" is permissive.
The word "lot" shall include the words "piece" "parcel ", and "plots "; the word 'building"
includes all structures of every kind regardless of similarity to buildings; and the phrase
'used for" shall include the phrases "arranged for ", "designed for ", "intended for ", and
"occupied for ".
Accessory Building or Use is a building or use which is:
conducted or located on the same lot as the principal building or use served, except as may
be specifically provided elsewhere in this Ordinance.
clearly incidental to, subordinate in purpose to, and serves the principal use; and
either in the same ownership as the principal use or is clearly operated and maintained solely
for the comfort, convenience, necessity, or benefit of the occupants, employees, customers,
or visitors of or to the principal use.
Adult Bookstore - a retail establishment having as its primary stock -in -trade books, magazines, periodicals,
video tapes, films or other items that are distinguished by their explicit emphasis on matter depicting,
describing or relating to sexual activities, genital areas or erotic behavior and is intended to cause sexual
excitement.
Adult Nightclub - an entertainment establishment intended for patrons of legal age which presents shows or
acts distinguished by an emphasis on but not limited to topless dancers, strippers, male or female
impersonators or similar entertainers for observation by the patrons.
Adult Motion Picture Theatre - a theatre within a permanent indoor structure used for presenting films
distinguished, characterized or relating to sexual activities, genital areas or erotic behavior and is intended to
cause sexual excitement.
Alley is a public or private right -of -way primarily designed to serve as secondary access to the side or rear of
those properties whose principal frontage is on a street.
Apartment (See Dwelling, Multi - Family)
Billboard (See Sign, Outdoor Advertising)
Block is a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries,
railroad rights -of -way, shore lines of waterways or municipal boundary lines.
Bona Fide Farm Bona fide farm purposes include the production and activities relating or incidental to the
production of crops, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry and all other
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forms of agricultural products having a domestic or foreign market; however, does not include residential
structures.
Bona fide farm purposes also include processing for personal consumption or commercial sale or
distribution of any and all crops, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry,
and all other forms of agricultural products, so long as all such agricultural products are gown or produced
on lands which are owned solely by or leased exclusively to and are harvested by the person processing such
agricultural products.
Buffer is. a dense, evergreen hedge or solid fence or wall used to enclose, screen, or separate certain uses as
specified in this Ordinance . The design, composition, height, and location of such facilities shall be approved
by the Zoning Administrator and/or Planning Board.
Building is a structure enclosed and isolated by exterior walls constructed or used for residence, business,
industry or other public or private purposes, or accessory thereto, and including tents, lunch wagons, dining
cars, trailers, and similar structures whether stationary or movable.
Building P� rincipal is a building in which is conducted the principal use of the plot on which it is situated.
Business Establishment Convenience Type is a commercial enterprise that caters to the daily needs of
residential neighborhoods. Examples include laundromats, grocery stores, and quick stops. Convenience
business establishments shall not be construed to encompass retail sales not geared toward neighborhood
convenience.
Club or r od Private is a non -profit association of persons, who are bona fide members paying dues, which
owns, hies, or leases a building, or portion thereof, the use of such premises being restricted to members and
their guests. The affairs and management of such "private club or lodge" are conducted by a board of
directors, executive committee or similar body chosen by the members.
is a residential use consisting of two dwelling units within a single building on a single lot.
Dwe 1" is a building, or portion thereof, designed or used exclusively for residential occupancy, including
single-family dwellings, two family dwellings, and multiple - family dwellings, but not including hotels or
motels.
Dwelling. Multiple - Family is a building containing three or more
dwelling units.
Dwelling. Single Family is a site -built structure containing one dwelling unit only.
Dwelling Unit consists of one or more rooms which are arranged, designed, or used as living quarters for one
family only. Individual bathroom(s) and complete kitchen facilities, permanently installed, shall always be
included for each "dwelling unit ".
Family Care Home is a home with support and supervisory personnel that provides room and board, personal
care, and rehabilitation services in a family environment for not more than sic (6) resident handicapped
persons.
Floor Area (for determining off - street narking and loading requirements) shall mean the sum of the gross
horizontal areas of the several floors of the building, or portion thereof including accessory storage areas
located within selling or working space such as counters, racks, or closets, and any basement floor area
devoted to retailing activities, to the production or processing of goods, or to business or professional offices.
However, the "floor area" for the purposes of measurement for off -street parking spaces shall not include:
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floor area devoted to primarily storage purposes (except as otherwise noted herein); floor area devoted to off -
street loading or parking facilities, including aisles, ramps, and maneuvering space; or basement floor area
other than area devoted to retailing activities, to the production or processing of goods, or to business or
professional offices.
Frontase is the length of all the property fronting on one side of a street between the two nearest intersecting
streets, measured along the line of the stree, or if dead ended, then all of the property abutting on one side
between an intersecting street and the dead end of the street.
Home Occupation is any use, whether intended to produce income or not, conducted entirely within a
dwelling and carried on by the occupants thereof, whose use is clearly incidental and secondary to the use of
the dwelling for residence purposes and does not change the character thereof, no more than one (1) assistant
may be employed by home occupations. Provided further, that no mechanical equipment is installed or used
except such that is used for domestic or professional purposes, and that not over 50 percent of the total floor
space of any structure is used for
home occupations.
Homeowners Associations or similar legal entities that are responsible for the maintenance and control of
common areas shall be established in such a manner that:
Provision for the establishment of the association or similar entity is made before any lot in
the development is sold or any building occupied;
The association or similar legal entity has clear legal authority to maintain and exercise
control over such common areas and facilities;
The association or similar legal entity has the power to compel contributions from residents
of the development to cover their proportionate shares of the costs associated with the
maintenance and upkeep of such common areas and facilities.
Hotel is an establishment which is open to transient guests, as distinguished from a boarding, rooming, or
lodging house, and is commonly known as a hotel in the community in which it is located; and which
provides customary hotel services such as maid service, the furnishing and laundering of linen, telephone and
secretarial or desk service, the use and upkeep of furniture, and bellboy service.
Incompatible Use is a use or service which is unsuitable for direct association and/or contiguity with certain
other uses because it is contradictory, incongruous, or discordant.
Industrial Park is a special or exclusive type of planned industrial area designed and equipped to
accommodate a community of industries providing them with all necessary facilities and services in attractive
surroundings among compatible neighbors. Industrial parks may be promoted or sponsored by private
developers, community organizations, or government organizations.
Junk shall mean scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked,
dismantled or wrecked automobiles, or parts thereof, iron, steel, and other scrap ferrous or nonferrous
material
Junkyard shall mean an establishment or place of business which is maintained, operated, or used for storing,
keeping, buying, or selling junk, or for maintenance or operation of an automobile graveyard. Any lot
containing more than 3 unregistered and non - functional vehicles shall constitute a junkyard for the purposes
of this Ordinance.
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Land Clearing and Inert Debris (LCID La lot, parcel, area, or facility for the land disposal of land
clearing waste, concrete, brick, concrete block, uncontaminated soil, gravel and rock, untreated and unpainted
wood and yard trash by burying and covering with soil. This definition does not include the placing of any
Land Clearing or Inert Debris on a lot, plot, or parcel that was generated on, or came from the property on
which it was placed, by the owner of the property. See definition of Land Clearing Waste and Yard
Trash
Land Clearing Waste Solid waste that is generated solely from land clearing activities such as stumps, trees,
limbs, brush, grass and other naturally occurring vegetative material.
Yard Trash -Solid waste resulting from landscaping and yard maintenance such as brush, grass, tree limbs,
shrubbery, leaves and similar vegetative material.
Lot is a parcel of land occupied or to be occupied by a main building or group of main buildings and
accessory building,
together with such yards, open spaces, lot width and lot area as are required by this Ordinance.
Lot, Depth of is the average horizontal distance between front and rear lot lines.
Lot. Width of is the average horizontal distance between the side property lines.
Manufactured Home is a home that (a) consists of a single unit completely assembled at the factory or of two
(double -wide) or three (triple-wide) principal components totally assembled at the factory and joined together
at the site; and (b) is designed so that the total structure (or in the case of double -wide or triple -wide, each
component thereof) can be transported on its own chassis; and (c) is over 32 feet long and over 8 feet wide;
and (d) is designed to be used as a dwelling and provides complete, independent living facilities for one
family, including permanent provisions for living, sleeping, eating, cooking, and sanitation; and (e) is actually
being used or is held ready to use, as a dwelling.
Massage Parlors is a place of business where massagists are employed to offer massage for a salary or fee.
Massa ' is one who otters to massage another for a fee.
Motel is an establishment which is open to transient guests, as distinguished from a boarding, rooming, or
lodging house, and is commonly known as a motel in the community in which it is located; and which
provides customary motel services including parking for guests' vehicles.
Nonconforming Use is a legal use of a building and/or land that predates the adoption of these regulations and
does not conform to the regulations for the zone in which it is located.
Ownership and Maintenance of Recreational Areas and Required Oven Space:
Required recreational facilities and usable open space shall be dedicated either to the County
or to a homeowners association or similar organization.
The person or entity identified as having the right of ownership and control over such
recreational facilities and open space shall be responsible for the continuing upkeep and
proper maintenance of the same.
Homeowners association or similar entities responsible for such facilities and open space
may not charge a fee to make use of such areas.
Pitched Roof is a roof for a manufactured home, whether A- shaped or rounded, which has a minimum rise of
twelve (12) inches for every seven (7) feet of width.
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Planned Unit Developmeirt is a development constructed on a tract of at least ten (10) acres under single,
corporation, fum, partnership, or association ownership planned and developed as a integral unit, and
consisting of a combination of principal uses that could be combined only in a planned unit developmert.
Private Owned Utility System is any structures and facilities owned or operated by a private owned electric,
telephone, gas, cable, and water and waste water company.
Public Owned Utility System is any structures and facilities owned by Harnett County or its agencies,
including, but not limited to, water systems, waste water systems, and storm water facilities.
Recreational Vehicle is a vehicular, portable structure without permanent foundation that can be towed,
hauled or driven and is designed for travel, recreation or vacation purposes. It is not designed to be used as a
permanent dwelling unit.
Reepclables - waste products exclusive of motor vehicles, motor vehicle parts, tires, batteries, accessories or
petroleum products capable of being reused or re-processed into a new product.
Recycling Collection Centers - manned or unmanned facilities used for the collection, separation and short-
term storage of recyclables but not on -site processing.
Recycling Plant - a facility, exclusive of junkyards or any other facility to reprocess motor vehicles, motor
vehicle parts, tires, batteries, accessories or petroleum products in which recyclables such as but not limited to
newspapers, magazines, books or other paper products; plastics; glass; metal cans and other similar products
are recycled, reprocessed or treated to return such products to a condition whereby they may be used again to
make new products.
Residence. Multi- Family is a residential use consisting of three or more dwelling units located in one or
more buildings on the same lot, or attached or detached units on separate lots at densities permitted only in
multi- family zoning districts.
Setback Line - Front is the minimum horizontal distance between the front line of a budding or structure and
the front property
line or right -of -way line.
Setback Line -Rear is the minimum horizontal distance between the rear line of a building or structure and
the rear property line or right -of -way line.
Setback Line - Side is the minimum horizontal distance between the side line of a building or structure and
the side property line or right -of -way line.
Shopping Carter is two or more commercial establishments having off -strcet parking and loading facilities
provided on the property and related in location, size, and type of shops to the trade area which the unit
serves.
Sign is an advertising device used to disseminate information concerning a person, place, or thing.
Sim - Business is any sign which directs attention to a business, profession, industry, or service located on
the premises where such sign is displayed.
Sign - Outdoor Advertising is any outdoor sign, display, light, device, figure, painting, drawing, message,
plaque, poster, billboard, or any other thing which is designed, intended or used to advertise or inform any
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part of the advertising or information contents, to the public about a subject unrelated to the premises upon
which the sign is located.
Structure is anything constructed or erected, the use of which required permancnt location on the ground, or
attachment to something having a permanent location on the ground, including advertising signs.
Swimming Pool is defined as arry permanent structure, chamber, tank in ground or above ground containing
an artificial body of water at least four (4) feet deep at any point which is used for swimming, diving, wading,
recreation or therapy together with all buildings, appurtenances and equipment used in connection with the
body of water. Such term includes school, hotel, motel, apartment, boarding house, athletic club or
membership facility pools. Such term also includes pools at single family dwellings, duplexes, multi - family
dwellings, townhouses, condominiums, mobile homes on individual lots and manufactured home parks.
Townhome - For Sale are defined as attached housing units purchasable on a fee simple basis, on individual
lots meeting minimum requirements and fronting on a dedicated street without provisions for commonly -
owned property controlled by a homeowners association.
Townhouses differ from condominium developments in that no common areas are required, so a homeowners
association to govern maintenance of such areas (parks, open space, parking lots, drives) is not required.
Travel Trailer is a vehicular, portable structure built on a chassis, designed to be towed by an automobile or
similar vehicle for travel, recreation or vacation purposes. It is not designed to be used as a permanent
dwelling unit.
Trades include any occupation requiring manual or mechanical skills. Examples include beautician,
mechanic, plumber, etc.
Underpinnin¢ is skirting or curtain walls installed in good workmanship-like mariner along the entire base of
a manufactured home, except for ventilation and crawl space requirements, and consisting of the following:
metal with a baked -on finish of uniform color; a uniform design and color vinyl; or brick, cinder block, and
stone masonry as well as artificial stone masonry.
Unit Ownership Structure (Condominium) is any building or structure in which unit ownership has been
created by the owners or co-owners of an express declaration of intent under the Unit Ownership Act of
Chapter 47A, N.0 General Statutes.
Usable Open Space means an area that:
- Is not encumbered with any substantial structure;
- Is not devoted to use as a roadway, parking area (paved or peripheral), or sidewalk;
- Is left in its natural or undisturbed state, if such a state is compatible with use of the area or
property planted and landscaped (Facilities for the pursuit of passive types of recreation,
such as picnic tables, are permissible.)
- Is capable of being used and enjoyed for purposes of informal and unstructured recreation
and relaxation; and
- Is legally and practicably accessible to the residents of the development out of which the
required open space is taken, or to the public if dedication of the open space is required
Use is any continuous or continual occupation or activity taking place upon a parcel of land including, but not
limited to, the location of tents, trailers, the storage of cars, machinery or other materials.
Yard, Required Front is an open space on the same lot with a building, between the minimum front setback
line and the front property or street right -of -way line extending across the full width of the lot.
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Yard, Required Side is an open, space on the same lot with a building between the minimum side setback line
and side line of the lot and extending from the front yard line to the rear yard line.
Yard Required Rear is an open space on the same lot with a building between the minimum rear setback line
and the rear line of the lot and extending across the full width of the lot.
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Duly amended this 18th day of September, Two Thousand
ACKNOWLEDGEMENT
HARNETT COUNTY
NORTH CAROLINA
HARNETT COUNTY BOARD OF COMMISSIONERS
Azt.- d. ZOL.
Dan B. Andrews, Chairman
I F= L) , &)3 F7-H r • COQ I NG ® Notary Public of the County and State aforesaid, certify that Dan
B. Andrews personally came before me this day who being made by me duly sworn, deposes and says:
that he is the Chairman of the Harnett County Board of Commissioners and Kay S. 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 and sealed by him, attested by the said Clerk and the County's seal affixed
thereto, all by authority of the Board of Commissioners of said County, and the said Dan B. Andrews
acknowledged said instrument to be the act and deed of Harnett County. �t5j�-Q 1ax-1 �
O Notary Public
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PWic (Notwiss Public) Ware certified to a�M���"
This instrument was proser d fgr registration-
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98