07/19/04 Zoning Text Amendment Art IV Sec 8.0,21.0HARNETT 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 IV Sect. 8.0 Buffers &
new addition of Sect. 21.0 Site Plan Requirements 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 IV Sect. 8.0 Buffers & new addition of Sect. 21.0 Site Plan Requirements of
the Zoning Ordinance is amended by adding the following text:
Section 21.0 Site Plan Requirements
21.1 General: All proposed non - residential, and multi - family developments, unless expressly
exempted below, shall be subject to site plan review by the Zoning Administrator. No
Building permits shall be issued until a site plan approval has been granted.
21.2 Development Exempt or Partially Exempt from Approval: The following activities or
uses shall be exempt from a site plan review:
Public Projects - The construction of any public street or utility service line, whether
publicly or privately owned.
Maintenance- Maintenance of any structure is exempt from site plan review.
Agricultural - The use or intended use of land, with or without accessory structures, for
purposes of agriculture, raising of crops or animals, forestry, mariculture and the like.
Single Family Residences- Single family residences, including manufactured homes, are
exempt from site plan review, but shall comply with all other requirements regarding
single family residences and manufactured homes.
Home Occupations- Home occupations as defined in this title.
Accessory Structures Integral to Permitted Development - Any accessory structure or
use, whether temporary or permanent, integral to an approved development permitted in
accordance with the provisions of this title. Such accessory structure or use shall comply
with the design standards and all other sections of this title. In situations where the size or
use of the accessory structure can be considered detrimental to public safety the Zoning
Administrator may require the applicant to submit a site plan.
Temporary Uses, Nonmaterial - Those activities of short duration that do not materially
affect the area's natural environment, parking requirements, transportation patterns, public
health or economic values shall be reviewed for approval by the Zoning Administrator.
21.3 Requirements for a Complete Site Plan: In order for a Site Plan to be considered
complete the applicant must submit five (5) copies of a Site Plan drawn to scale
containing at least (but not limited to) the following information:
Title Block Information (Items located under this heading must all be located in the same place
on plat)
• Name of Development & Date
• Name, Address, telephone number of owners and applicant
• Zoning Classification
• Watershed District and extent of the area to be developed (% coverage of lot to be
impervious surface if located in a designated watershed area)
• Parcel Identification Number and Tax ID of the tract(s)
• Deed Reference for the Tract being Divided
• Flood Plain (Zone, Map number, and Effective date)
General Requirements
• Map Size 18" X 24" & Scale 1" =200' or larger
• North Point, Graphic Scale, Vicinity Map
• Names and Right of Ways of Streets and State Roads
• Show Boundaries of Tract
• Show Adjacent Uses
• Net or total Acreage for Lot
• Show building envelope and required setback areas
• Location of all existing and proposed Mechanical, Utility, and Trash Containment
Areas
• Proposed or existing fencing, screening, gates, and /or off - street loading docks
• Show all existing structures located on the parcel
• Locations and widths of all easements and rights -of -way within or adjacent to the site,
including access roads and existing Street Layout.
• Location of existing and proposed utilities.
• Location of all parking areas on site (based on type of business and/or square footage)
• Provide a parking space typical
• Proposed parking lot material
• Proposed hours and days of operation
• Location, type, and size of proposed signage
• List of all hazardous materials that will be stored on site
• Methods to control and respond to spillage and to prevent pollution of surface and
groundwater
• When, located within the one hundred year flood plain you must delineate boundary of
flood plain.
• A copy of the erosion control plan submitted to the appropriate authority, if such plan
is required.
Buffering Plan
• Proposed buffering regulations as required in section 8.0 of this ordinance.
Storm Water Management
Proposed storm water management plan and calculations as required.
Topographic Map with contour intervals of no greater than five (5) feet drawn at an
engineering scale.
Certifications
• All developments located along a major thoroughfare, that disturb more than one 1 acre
of land, located within the Watershed, Flood Plain, Airport Overlay, Highway Corridor
Overlay, or requires an extension of Public Utilities must have the site plan prepared
and certified by a Professional North Carolina Land Surveyor, or Engineer.
• Certification from NCDOT that all Driveway permits have received approval.
• Certification, written and signed by the development site owner of record that such
owner formally consents to the proposed development.
• Certification by the County Health Department or Public Utilities, that the proposed
development has adequate water supply and sewage disposal systems.
Fees
• Pay a fee as set by the Harnett County Board of Commissioners.
21.4 Expiration of an Approved Site Plan: Any site plan that has received final approval
shall be valid for a period of one - hundred and eighty (180) days from the date the plan
received approval from the Zoning Administrator. Once this period has passed thesite
plan shall be considered null and void.
21.5 Right of Appeal: If any site plan has been denied the applicant has 30 days to appeal
the action of the Zoning Administrator to the Board of Adjustment. Beyond the
decision of the Board of Adjustment, recourse shall be to the Courts as provided by law.
Section 8.0 Buffers
8.1 General: Buffers shall be required in accordance with the table in section 8.12.
8.2 Development Exempt from Approval: The following activities or uses shall be exempt
from Buffer requirements in this section:
Public Projects- The construction of any public street or utility service line, whether
publicly or privately owned.
Maintenance- Maintenance of any structure is exempt from site plan review.
Agricultural - The use or intended use of land, with or without accessory structures, for
purposes of agriculture, raising of crops or animals, forestry, mariculture and the like.
Single Family Residences- Single family residences, including manufactured homes,
are exempt from buffer requirements, but shall comply with all other requirements
regarding single family residences and manufactured homes.
Home Occupations- Home occupations as defined in this title.
Accessory Structures Integral to Permitted Development - Any accessory structure
or use, whether temporary or permanent, integral to an approved development permitted
in accordance with the provisions of this title. Such accessory structure or use shall
comply with the design and performance provisions of this title.
Temporary Uses, Nonmaterial - Those activities of short duration that do not
materially affect the area's natural environment, parking requirements, transportation
patterns, public health or economic values shall be reviewed for approval by the Zoning
Administrator.
Highway Corridor Overlay (HCO) - Properties located within the HCO districts shall
follow the buffer requirements provided for that district.
8.3 Responsibility of requirements: One hundred (100) percent of the applicable buffer
requirements shall be the responsibility of the developing land use, unless expressly
provided otherwise.
8.4 Standards for Trees and Shrubs: Required trees and shrubs shall meet the following
standards: *(except as may be specifically provided elsewhere in the ordinance)
1. All required large maturing trees shall have a minimum caliper of two (2) inches
measured six (6) inches above the proper planting level.
2. Shrubs shall be a minimum of three (3) Gallon at time of planting.
3. All specifications for the measurement, quality, and installation of trees and shrubs
shall be in accordance with the American Standards for Nursery Stock published by
the American Association of Nurserymen, free of disease, and in otherwise sound and
healthy condition.
8.5 Modification of Planting Types: If it is demonstrated that existing vegetation meets the
intent of this section, the zoning administrator may waive the requirements for the plant
material.
8.6 Maintenance of Buffer: the owner of the property where the buffer or screening is shall
be responsible for maintaining the buffer and all required plantings in good condition.
8.7 Buffering of Expanded Uses: Expansion of a use existing prior to the effective date of
this chapter shall be required to come into conformance with all buffer requirements.
8.8 Development Sureties: When it is impractical to plant required screening during
optimal planting seasons, the owners of the property upon which the required screening
is to be located may in lieu of requiring the completion, and installation of any and all
improvements prior to zoning approval, the Planning Department may enter into a written
agreement with the owner whereby the owner shall agree to complete all required
improvements within a specific date, but in no case more than six (6) months. Once said
agreements is signed by both parties and the security required herein is provided, the
project may be approved by the Planning Department, if all other requirements of this
Ordinance are met. To secure this agreement, the owner shall provide, as approved by the
Planning-Department, either one or a combination of the following guarantees equal to
1.25 times the entire cost of the improvements secured:
1. Surety Performance Bond(s)
The owner shall obtain a performance bond(s) from a surety bonding company
authorized to do business in North Carolina and approved by the Harnett County
Planning Department. The bond shall be payable to Harnett County and shall be in an
amount equal to 1.25 times the entire cost, as estimated by the owner 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 owner.
2. Cash or Equivalent Securitx
The owner 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 Harnett County
Planning Department. The amount of deposit shall be equal to 1.25 times the entire
cost, as estimated by the owner, 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 owner shall file with the Harnett County
Planning Department an agreement between the financial institution and himself
guaranteeing the following:
That said escrow amount will be held in trust until released by the Harnett County
Planning Department and may not be used or pledged by the owner in any other
transaction during the term of the escrow.
8.9 Default: Upon default, meaning failure on the part of the owner to complete the
required improvements in the time allowed by this Ordinance or as spelled out 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 owner any
funds not spent in completing the improvements.
8.10 Release of Guarantee Security: The County may release a portion of any security
posted as the improvements are completed and recommended for approval by the
Zoning Administrator. Within thirty (30) days after receiving the Zoning
Administrator's recommendation, the Harnett County Planning Department shall
approve or disapprove said improvements. When the Harnett County Planning
Department approves said improvements, it shall immediately release the portion of
the security posted which covers the cost of the improvements approved.
8.11 Required Screening Types: In situations where a development is adjacent to multiple
uses then the buffer requirement for each use shall be required along each property line
otherwise the development shall follow the requirements listed below.
Type A.
a. Buffer: Fifth teen (15) feet. (applies to side and rear property lines)
b. Screening shall be one (1) of the following:
1. A row of evergreen conifers or broadleaf evergreens placed not more
than five (5) feet apart which would grow to form a continuous hedge
of at least six (6) feet in height within two (2) years of planting; or
2. A masonry wall located within the required buffer; such wall shall be
a minimum height of six (6) feet (above finished grade;) and, if a
block wall, it shall be painted on all sides; or an opaque fence six (6)
feet in height finished side of fence must face out; or
3. A berm (maximum of 3:1 slope) and planting combination, with the
berm an average height of three (3) feet and dense plantings which
will, when combined with the berm, achieve a minimum height of six
(6) feet and seventy -five (75) percent opacity within two (2) years.
C. Lawn, low- growing evergreen shrubs, evergreen ground cover, or mulch
covering the balance of the buffer.
Type B.
Type C.
a. Buffer: Thirty (30) feet. (applies to the front, side, and rear property lines)
b. Screening shall consist of
1. A row of trees, fifty (50) percent of which are large maturing trees
and which are not less than eight (8) feet high at the time of planting
and are spaced not more than fifty (50) feet apart.
2. An opaque fence or berm (maximum of 3:1 slope) located within the
required buffer; Such fence or berm shall be a minimum height of six
(6) feet; and
3. Lawn, low- growing evergreen shrubs or broadleaf evergreens,
evergreen ground cover, or rock mulch covering the balance of the
buffer.
a. Buffer: Ten (10) feet Landscaping Buffer (applies to area between right of
way and building front)
b. Lawn, low- growing evergreen shrubs or broadleaf evergreens, evergreen
ground cover, or rock mulch covering the balance of the buffer.
8.12 Land Use Relationships: The following land use relationships shall be used to
determine required screening and buffering as provided in Section 8.11. All uses listed in
group one (1) shall be exempt from buffer requirements.
Group 1 (least Intensive) Exempt from buffer requirements
1) Single - family dwellings
2) Modular homes
3) Manufactured housing on individual lots
4) Duplexes on individual lots.
5) Residential or Conservation zoned land
Adjacent Use
Proposed Use
Group 1
Group 2
Group 3
Group 4
Group 1
None
None
None
None
Group 2
Type A, C
T eC
Type C
T e C
Grou 3
T ype A,C
Type A, C
T eC
Type C
ou
Gr4
Type B
Type B
Type A, C
T e C
Group 1 (least Intensive) Exempt from buffer requirements
1) Single - family dwellings
2) Modular homes
3) Manufactured housing on individual lots
4) Duplexes on individual lots.
5) Residential or Conservation zoned land
Group 2
1) Institutional uses
2) Residential clustering
3) Golf Courses
4) Emergency Facilities
5) Group Care Facility
6) Day Care and Elderly Care Facilities
7) Religious uses including churches and other places of worship, religious
education buildings, and parish houses
8) Social halls, lodges, fraternal organizations, clubs, and similar activities
9) Single - family residential subdivisions with more than six (6) lots
10) Multi - family Developments
Group 3
1) Commercial Planned Unit Developments
2) Flea Markets, Rummage and Second Hand Sales and Activities (indoors
or outdoors) subject to the following requirements:
3) Manufactured home, modular home and recreational vehicle sales,
including related repair activities and sale of parts
4) Mini- Warehouse (Self - Storage)
5) Motels, hotels, boarding and rooming houses, and other similar
establishments
6) Offices for business, professional, and governmental purposes
7) Outdoor display, storage, or sale of vehicle or other equipment
8) Private owned public utility structures and facilities
9) Recreational Vehicle Park
10) Recycling collection centers
11) Restaurants
12) Retail shops and stores and service establishments whose operation is
conducted entirely within an enclosed building
13) Service stations and other auto oriented business establishments
14) Trades catering to households and business establishments
15) Recreational facilities
16) Amusement Centers (arcades)
17) Commercially Zoned land
Group 4 (most intensive)
1) Adult bookstores
2) Adult motion picture theatres
3) Adult nightclub
4) Airports and related uses
5) Assembling, processing industries, wholesale, warehouse, and transfer
activities
6) Fertilizer manufacturing
7) Junkyards and automobile wrecking yards and similar types of used
material
8) Land Clearing and Inert Debris Landfill
9) Manufacturing
10) Massage parlors
11) Microwave towers, T.V. towers, telephone towers, radio towers and
cellular
12) Mining activities
13) Recycling plants
14) Truck driving school
15) Wholesale storage of gasoline or bulk terminal plants.
16) Industrial Zoned land
Note: If a specific use is not mentioned then it will be the duty of the zoning administrator
to determine which existing use is most closely related to the proposed use in order to
determine which group to classify the use under.
8.13 Alternative Buffers and Screening: In lieu of compliance with the above buffer
and screening requirement, an applicant may submit to the Planning Board for
review and approval a detailed plan and specifications for landscaping and
screening. The Planning Board may approve the alternative buffering and
screening, upon finding that the proposal will afford a degree of buffering and
screening, in terms of height, opacity and separation to or exceeding that
provided by the above requirements.
8.14 Existing Vegetation: The retention of existing vegetation shall be maximized to
the extent practical, wherever such vegetation contributes to required buffering
and screening or to the preservation of significant trees.
8.15 Utility & Mechanical Screening: All non - residential and multi - family
developments mechanical, utility equipment which is located on, beside, or
adjacent to any building or developments shall be fully screened from the view
of streets and adjacent property. The screen shall exceed the height of the
equipment, shall not interfere with the operation of the equipment, and shall use
one or a combination of the following screening techniques:
1. Building materials and design which are compatible with those used for
the exterior of the principal building or
2. Evergreen plantings or other acceptable alternative approved by the
Zoning Administrator.
In situations where mechanical and utility equipment is (are) located on the roof of
a structure, all devices will be fully screened from the view of streets or adjacent
property using technique 1 (one).
8.16 Trash Containment Areas Screening: All trash containment devices, including
compactors and dumpsters, shall be located and designed so as not to be visible
from the view of adjacent streets and properties. If the device is not visible
from off the site, then it need not be screened. The type of screening used shall
be a continuous row of evergreen plantings or other acceptable alternative
approved by the Zoning Administrator.
Duly adopted this 19'h day of July, Two Thousand four and effective upon adoption.
1IARN TT COUNTY BOARD OF COMMISSIONERS
1" 1 41j
Te Byrd
Chairman
ATTEST:
Kay S. $lanchard
Clerk to the Board,:'
't