11/15/04 Zoning Text Amendment Art XII Sec 1.0-6.0,Art XV,XIII,XIV.XVHARNETT 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 XII Sect. 1.0.6.0 (New addition) Junk Motor Vehicles, Junk Yards & Abandoned Manufactured
Homes and Article XV Definition: (Revision to Junk definition) (New addition of Abandoned
Manufactured Home definition and Motor Vehicles) and Article XIII, XIV, XV: (Revision of article
numbering and Article VI Sections 1.2A (Industrial) & 2.2B (Commercial): (Remove Existing Text and
replace New text) and recommends the adoption of the following amendments.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT
COUNTY, NORTH CAROLINA that following text be added, deleted, or revised in the Harnett County
Zoning Ordinance:
Article XIl Junk Motor Vehicles Junk Yards and Abandoned Manufactured Homes
Section 1.0 Junked Motor Vehicles.
Unless otherwise provided, junked motor vehicles in the RA -40, 30, 20R, 20M Zoning
districts on private property not associated with a business, shall conform to the following
requirements as of the effective amended date , 2004 of this ordinance.
t. General requirements
I . The junked motor vehicles shall not be stored or located within thirty (30) feet of any
adjoining property line or side street or right of way and shall be situated so that no
motor vehicle or parts are visible from the adjoining properties. In no case shall
junked motor vehicles be located in the front yard of the primary building of the lot
;and
2. The junked motor vehicles shall not be a health or safety nuisance, nor shall the area
constitute a health or safety nuisance according to the Harnett County Environmental
Health Department ;and
3. The junked motor vehicles shall be entirely concealed during all seasons of the year
from public view from the public street and from the adjoining properties. The
vehicles may be concealed by an automobile cover or tarpaulin, with the cover
adequately secured to prevent removal by wind. The automobile cover or tarpaulin
must remain in good repair and not allowed to deteriorate ;and
4. In no case shall there be more than three (3) junked motor vehicles located outside
any enclosed building unless otherwise specified by this ordinance. In situations
where a person owns multiple tracts of land that are located within five hundred
(500) feet of each other, the owner of such land shall be limited to three (3)junked
motor vehicles located outside any enclosed building unless otherwise specified by
this ordinance for all lot's located within the distance requirement.
b. Exceptions for junked motor vehicles
1. The repair of no more than one (1) motor vehicle per household for personal use is
exempt from the screening, concealment and setback requirements of this ordinance.
However the vehicle must be owned by a member of the household and all repairs
must take place within an enclosed building or in the rear yard of the dwelling and
shall not constitute a health or safety nuisance and all repairs shall take no longer
then 180 days to complete.
Section 2.0 Standards for junked motor vehicles stored at existinp and new automotive repair facilities.
New automotive repair facilities shall conform to the standards below upon adoption of this
ordinance. Existing auto repair facilities shall comply with the standards below within one year of the
effective amended date 2004 of this ordinance.
a. Automotive repair facilities shall be allowed no more than ten (10) junked vehicles
outside an automobile salvage yard or enclosed building unless otherwise specified by
this ordinance; and
b. Existing automotive repair facilities that have junked motor vehicles and motor vehicles
parts storage areas shall be screened from view from adjacent property and right -of -way
by a solid opaque fence at least six (6) feet in height or a continuous row of evergreen
shrubs at least six (6) feet in height at the time of planting. (See Article IV Sect. 8.4 for
Maintenance Standards for Buffers).
C. New automotive repair facilities that have junked motor vehicles and motor vehicles parts
storage areas shall be screened from view from adjacent property and right -of -way in
accordance with Article IV Section 8.0 buffers of the Harnett County Zoning Ordinance.
d. The junked motor vehicles or parts shall not be stored in the front yard of the property or
in the required front yard setback; and
e. The junked motor vehicles shall not be stacked higher then the screening.
f. In situations where the road grade is significantly higher then the required buffer, then
said buffer shall be adjusted in height to meet the required height requirement and to
ensure maximum screening.
Section 3,0 Standards for junkyards created after the effective date of this ordinance.
New junkyards and expansions of existing junkyards approved under the provisions of the Harnett
County Zoning Ordinance shall be subject to the following regulations upon ordinance adoption.
a. Any conditions of approval placed on the application by the Harnett County Board of
Adjustment; and
b. Shall be located a minimum of 100 feet from the edge of the right of way of any public or
private road (In the situation where no public right -of -way exist then the measurement
shall be taken from the property line); and
C. Shall be located a minimum of 1,000 feet from a school, residence, church, or place of
public assembly existing at the date of submittal of a complete application. The 1,000
feet required separation shall be measured from the closest point of the operational area
of the automobile salvage yard. This prohibition shall not apply to the owner of the
junkyard or automobile graveyard; and
d. A buffering plan shall be submitted in accordance with the Article IV Section 8.0 buffers
of the Harnett County Planning Department ;and
e. All operations, equipment, junk and /or inoperable motor vehicles shall be kept within;
said buffer at all times unless in motion by transportation to and from the site; and
f. An additional setback shall be provided so that all equipment, junk and /or inoperable
motor vehicles shall not be stored or located within fifty (50) feet of any adjoining
property lot line; and
g. All fences shall be designed to reasonably secure the area from unauthorized entry; and,
h. Cars shall not be stacked higher than the buffer, and all cars shall be stored in such a
manner that all fire apparatuses and equipment can ingress and egress all areas of the site
at all times and be in accordance with all State and Federal regulations.
In situations where the road grade is significantly higher then the required buffer, then
said buffer shall be adjusted in height to meet the required height requirement and to
ensure maximum screening.
Section 4.0 Nonconforming iunkvards existing at the effective date of this ordinance.
Junkyards existing at the effective date of the ordinances shall conform to the standards of
subsection (a) or (b) below within one year of the effective amended date 2004 of this
ordinance:
a. Standards without a fence.
I. The junkyard shall be screened from view from adjacent lots and the road during all
seasons of the year; and,
2. The screen shall be a continuous row of evergreen shrubs minimum of six (6) feet in
height at the time of planting; and,
3. A setback of ten (10) feet shall be provided on all side and rear property lines; and,
4. A setback of ten (10) feet from the edge of the right of way existing at the effective date
of this ordinance of any public or private road shall be provided (In the situation where
no public right -of -way exist then the measurement shall be taken from the property line).
5. The operational area existing at the effective date of the ordinance shall not be expanded,
except in conformance with the provisions of this ordinance; and,
6. Storage of motor vehicles, motor vehicle parts, or otherjunked materials is not allowed in
the setback; and,
7. Junked motor vehicles or other junked materials shall not be stacked higher than the
required screening and all cars shall be stored in such a manner that all fire apparatuses
and equipment can ingress and egress all areas of the site at all times and be in
accordance with all State and Federal regulations.
8. In situations where the road grade is significantly higher then the required buffer, then
said buffer shall be adjusted in height to meet the required height requirement and to
ensure maximum screening.
b. Standards with an opaque fence.
1. The junkyard shall be screened from view from adjacent lots and the road during all
seasons of the year; and,
2. The junkyard shall be separated from the adjacent lots by a solid opaque fence a
minimum of six (6) feet in height and,
3. A setback of ten (10) feet shall be provided on all side and rear property lines; and,
4. A setback of ten(10) feet from the edge of the right of way existing at the effective date
of the ordinance of any public or private road shall be provided (In the situation where no
public right -of -way exist then the measurement shall be taken from the property line);
and
5. The operational area existing at the effective date of the ordinance shall not be expanded,
except in conformance with the provisions of this ordinance. Storage of motor vehicles,
motor vehicle parts, orjunked materials is not allowed in the setback; and
6. Junked motor vehicles or junked materials shall not be stacked higher than the required
screening and all cars shall be stored in such a manner that all fire apparatuses and
equipment can ingress and egress all areas of the site at all times and be in accordance
with all State and Federal regulations.
7. In situations where the road grade is significantly higher then the required buffer, then
said buffer shall be adjusted in height to meet the required height requirement and to
ensure maximum screening.
Section 5.0 Abandoned Manufactured Homes
Unless otherwise provided, manufactured homes that are considered to be abandoned according to
the definition for abandoned manufactured homes located in the definition section of this ordinance shall be
prohibited in all zoning districts within Harnett County. Once a determination has been made by the
Zoning Administrator or his authorized agent that a manufactured home is abandoned then the Zoning
Administrator shall take action to abate the violation using any of the enforcement procedures in Article
XIV Administration Enforcement and Penalties section of this ordinance.
Section 6.0 Removal of Junked or Abandoned Vehicles and Manufactured Homes
Harnett County may require the removal of junked or abandoned motor vehicles or manufactured
homes from public grounds, including but not limited to public or private road right -of -way or private
property upon finding that such removal is necessary and desirable to promote or enhance community,
neighborhood, or area appearance or to abate public health or safety nuisances.
Article XV. Definitions
Abandoned Manufactured Home: (New Addition)
1. A manufactured home that is not being occupied as a dwelling and does not provide complete,
independent living facilities for one family, including permanent provisions for living,
sleeping, eating, cooking, and sanitation or a manufactured home that has not received the
proper permits to be located within the County's jurisdiction or
2. A structure which is a manufactured /mobile home which is a health or safety hazard as a
result of the attraction of insects or rodents, conditions creating a fire hazard, dangerous
condition constituting a threat to children, or frequent use by vagrants as living quarters in the
absence of sanitary facilities or
3. Any structure, which is manufactured /mobile home that was designed and intended for
residential or other uses, which has been vacant or not in active use, regardless of purpose or
reason, for the past two -year period and has been deemed a nuisance due to public safety or
public appearance by the Harnett County Planning Department.
Motor Vehicles: (New Addition)
Includes any machine designed or intended to travel over land or water by self - propulsion or while attached to
self - propelled vehicle
Junk: (Revision)
shall mean scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled or
wrecked automobiles, or parts thereof, iron, steel, or other scrap ferrous or nonferrous material and dismantled
or used white goods or parts thereof.
Article X111, XIV, XV: (Revision of article numbering)
• Article XIII Changes and Amendments, Will change to Article IX
• Article XIV Administration enforcement and Penalties, Will change to Article X
• Article XV Definitions, Will change to Article XI
Article VI Sections 1.2A & 2.2B: (Remove existing text and replace new text)
Junkyards and automobile wrecking yards and similar types of used material industries when they are
condtieted ;N ithin a infueture AF SA 2 Ot Anclosed by a solid Fence 9F a natural bkiffff at least six (6) feet in height
and pFovidod that the Board of Adjustment finds tha� such wrecking yaFd will not have an iqjwiekis effect on
feet of afly Fesidentiali, I developed afea. A minimum fFant yard of at least one hundred (100) feet fFern an�
s4eet fight of way shall he maintained Add the following text: See Article XII Section 2.0 & 3.0 Junk Yards
Duly adopted this 15th day of November, Two Thousand four and effective upon adoption.
COUNTY BOARD OF COMMISSIONERS
ATTEST:
Kay S. lanchard
Clerk to the Board
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