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08/18/08 Zoning Text Amendment Art IV, XVHARNETT COUNTY NORTH CAROLINA A RESOLUTION AMENDING THE HARNETT COUNTY ZONING ORDINANCE 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 the articles of the Zoning Ordinance as listed below and recommends the adoption of the following amendment. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that Articles IV "General Provisions' and XV "Administration, Enforcement, and Penalties" of the Zoning Ordinance shall be amended to read as indicated in Attachment. "Attachment" is filed with the Zoning Ordinance in the Clerk to the Board's Office. Duly adopted this 18th day of August, 2008 and effective upon adoption. HARNETT COUNTY BOARD OF COMMISSIONERS atrice B. Hill, Vice Mairiman -- } T. ATTEST: KQd QQ K444, / �Wt PAJ Kay S. Blanc d, Clerk to the Board ATTACHMENT Article IV "General Provisions" (All subsequent Section numbers shall be updated.) SUCTION 14.0 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. 14.1 'Temporary Land Use Permit A temporary land use and building permit may be issued for a period of twelve (12) months, 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 this Ordinance and punishable under the Remedies Section of the General Provisions Article of this Ordinance. 14.2 Application for Land Use and Building Permits Owner(s) or owners' Agent shall submit application for a land use permit and all information that is necessary for staff to decide if all requirements of this Ordinance are being met. The land use permit application shall including the following: A. Scale drawing showing the information listed below. A surveyed drawing is required for all lots ten (10) acres or less. 1. The actual dimensions and shape of the lot to be built upon 2. The exact sizes and locations on the lot of buildings already existing, if any 3. The location and dimensions of the proposed building or alteration. B. Existing or proposed uses of the budding mid land C. The number of families or rental units the budding is designed to accommodate D. Conditions existing on the lot, and such E. Other matters and /or information as may be necessary to determine conformity with, and provide for the enforcement of this Ordinance F. Other information as may be required by the Zoning Administrator G. No deed, conditional sales agreement, or instrument of transfer copy shall be required of any applicant who is making application for property which is the subject of intestate succession. 14.3 Distribution of Application One (1) 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 FIealth Department. The third copy will be presented to the Building Inspector prior to obtaining a building permit. 14.4 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. 14.5 Expiration of Land Use Permit If the work described in any land use permit has not begun within six (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. 14.6 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 construction at variance with that authorized shall be deemed a violation of this Ordinance and punishable as provided by the Remedies Section of the General Provisions Article of this Ordinance. 14.7 Certificate of Occupancy No new building or part thereof shall be occupied, no addition or enlargement of any existing building shall be occupied, 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(s) or owners' 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. 14.8 Right of Appeal If a land use permit is denied, the applicant may appeal within thirty (30) days of the action of the Zoning Administrator to the Board of Adjustment. Article XV, Section 11 "Duties of Zoning Administrator, Board of Adjustment, Courts, and County Board of Commissioners as to Matters of Appeal" SECTION 11.0 DUTIES OF ZONING ADMINISTRATOR. BOARD OF ADJUSTMENT, COURTS AND COUMY BOARD OF COMMISSIONERS AS TO NLmERS OI-, APPEAI. It is the intention of this Ordinance that all questions arising in connection with the enforcement of this Ordinance shall be presented first to the Zoning Administrator. Such questions shall be presented to the Board of Adjustment only on appeal of a decision of the Zoning Administrator and within the time limits prescribed in this Ordinance. Recourse for appeal of a decision of the Board of Adjustment shall be to the courts as provided by law. 11.1 Zoning Administrator Review of a decision of the Zoning Administrator shall be made by the Board of Adjustment upon request of the aggrieved party. A complete application shall be submitted to the County Planning Department Office, including all required information and applicable fees. 11.2 Board of Adjustment 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 made within thirty (30) calendar days after the decision of the Board of Adjustment has been filed. Such decision shall be filed with the Clerk to the Board of Adjustment in the County planning Department Office. 11.3 County Board of Commissioners It is further 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 Commissioners' 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. 11.4 Courts All matters of the Courts shall be in accordance with local and State regulations.