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05/20/02 Zoning Text Amendment Art XHARNETT COUNTY, NORTH CAROLINA A RESOLUTION AMENDING THE HARNETT COUNTY ZONING ORDINANCE TEXT WHEREAS, the Board of Commissioners of Harnett County adopted a Zoning Ordinance on July 18, 1988 and June 5, 2000, for the purpose of promoting the health, safety, and general welfare of the county residents; and WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North Carolina, particularly G.S. 153A -340; and WHEREAS, the Zoning Ordinance contains provisions for amending said ordinance and those provisions have been followed; and WHEREAS, the Harnett County Planning Board has reviewed the amendment to Article X of the Zoning Ordinance and recommends the adoption of the following amendment. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA, that Article X Planned Unit Development is amended as follows: That Article X. Planned Unit Development, Section 7.3, Sidewalks, of the Harnett County Zoning Ordinance, is deleted and the following substituted therefore: Section 73 Sidewalks A. 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 with a minimum of 5' wide grass strip between the sidewalk and curb. Sidewalks are required on only one (1) side of the street. Except that all Neo - Traditional designed lots are required to have sidewalks. B. Except'as stated in subsection A above, the design of all sidewalks within the jurisdiction of this Ordinance shall be in accordance with the most current accepted policies of the North Carolina Department of Transportation Traditional Neighborhood Development Guide Lines. C. Maintenance of sidewalks will be the responsibility of the home owners' association or comparable individual, or group that has responsibility for other common areas. Maintenance of sidewalks shall be addressed in the organizational papers and by -laws. , That Article X Planned Unit Development, is amended by adding new Sections 7.4, Curb and Gutter, and 7.5, Street Trees, as follows: Section 7.4 Curb and Gutter A. Neo- Traditional designed lots are required to have concrete curb and gutter. B. Except as stated in subsection A above, all Neo - Traditional designed lots within the jurisdiction of this Ordinance shall be in accordance with the most current accepted policies or the North Carolina Department of Transportation Traditional Neighborhood Development Guide Lines. Section 7.5 Street Trees A. Neo - Traditional designed lots are required to have street trees. Such trees are to be planted between the sidewalk and curb. One tree, minimum two (2) inches in caliper, shall be planted for every fifty (50) feet of frontage along each road. B. The design of all planting strips and street trees within the jurisdiction of this Ordinance shall be in accordance with the most current accepted policies or the North Carolina Department of Transportation Traditional Neighborhood Development Guide Lines. C. Installation and construction of such features is the responsibility of the developer. Maintenance of such right of way features will be the responsibility of the home owners' association or comparable individual, or group that has responsibility for other common areas. Maintenance of such right of way features shall be addressed in the organizational papers and by -laws. That Article X Planned Unit Development, Section 8. 0, Lot and Setback Requirements, of the Harnett County Zoning Ordinance, be amended by adding the following sentence: Section 8.0, Lot and Setback Requirements Except where otherwise noted, all requirements of Sections 8.0 -8.3 shall apply to both lots and neo- traditional lots, as defined in Section 12.0 That Article X. Planned Unit Development, Section 8. 1, Lot Requirements, subsections A. and F., of the Harnett County Zoning Ordinance, are deleted and the following substituted therefore: Section 8.1 Lot Requirements A. Except for neo - traditional lots, 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. Every neo - traditional lot intended for single family residence shall abut a public or private street for a distance of at least sixty -five (65) feet except on the bulb of a cul- de-sac where forty (40) feet is acceptable. F. Except for neo - traditional lots, 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. Neo- traditional lots served by public water and sewer service shall be atleast seven thousand five hundred (7,500) square feet in area. That Article X. Planned Unit Development, Section 8.3, Minimum Building Setback Requirements Dimensional Requirements, of the Harnett County Zoning Ordinance, is amended by deleting the same in its entirety, and substituting the following: Section 8.3 Minimum Building Setback Requirements A. Except for neo-traditional lots, 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 street 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 fixed or operating window, door, or other opening. Side: (Corner 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 B. Neo- Traditional designed lots. The following minimum setbacks shall apply to neo - traditional: Front: 15' from the front property line to the body of the structure. The front property line and street right -of -way lines are considered to be coterminous lines. Rear: 20' as measured from the rear property line to the body of the structure. Side: 6' 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 6' from a side property line as measured from the property line to the fixed or operating window, door, or other opening. Side: (Comer Lot): 10' 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 C. Bay windows and fireplaces may incur into setbacks only if they are cantilevered and have no foundation. Freestanding gazebos, 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. D. 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. E. 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. That Article X. Planned Unit Development, Section 12. 0, Definitions, of the Harnett County Zoning Ordinance, is amended by adding a new term immediately after "Lot, Width: " as follows: Neo- Traditional designed lots: Lots with (a) alleys and garages accessed from alleys; (b) sidewalks as required in Article X, Section 7.3; (c) curb and gutter as required by Article X, Section 7.4; (d) street trees along the frontage of the lots as required in Article X, Section 7.5; and (e) required front porches. Neo- Traditional designed lots must comply with the North Carolina Department of Transportation Traditional Neighborhood Development Street Design Guidelines. Duly adopted this 20th day of May, Two Thousand two and effective upon adoption. JIM UNIDO 'Z' i• AT�YrE��ST: Kay S. glanchard ,"a: Clerk to the Board ,� • _ • � IjM• J .