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12/04/06 Zoning Text Amendment Art IV,VI,X,XIIIHARNETT COUNTY, NORTH CAROLINA A RESOLUTION AMENDING THE HARNETT COUNTY ZONING ORDINANCE TEXT WHEREAS, the Board of Commissioners of Hamett 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 Articles IV, VI, X and XIII 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 Articles IV, VI, X and XIII of the Zoning Ordinance shall be amended as indicated in Attachment A; Duly adopted this 0 day of December, Two Thousand Six and effective the I" day of January, Two Thousand Seven. I'9:t16 9A cnairman ; ,y ATTEST: pe;i'1, ♦ k'4n�t ��Il . \i ATTACHMENT A Article IV General Provisions 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 hall 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 05) 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. Additional Information • Any additional information as deemed necessary v the Subdivision Administrator. • Additional copies of the complete site plan as requested by the Subdivision Administrator 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 the site 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 Article VI Zoning Districts and Regulations Section 1.0 Industrial District 1.1 Permitted Uses OMITTED FOR LENGTH LENGTH OMITTED FOR LENGTH OMITTED FOR LENGTH 1.2 Conditional Uses A. Junkyards and automobile wrecking yards and similar types of used material industries. See Article Xll- Section - W -& 3 0-Junk —Yards "Junk Motor Vehicles, Junk Yards and Abandoned Manufacnued [-Ionics" of this Ordinance. B. Fertilizer manufacturing C. Mining activities (as regulated by Article -Xlby the "Mining General Regulations" Article of this Ordinance) OMITTED FOR LENGTH I. Towers: Microwave4cwers, T.V.-towers', telephone4rwers, radio, towers-and cellular J. Massage parlors'. K. Adult motion picture theatres-1- L. Adult nightclubs M. Adult bookstores N. Land Clearing and Inert Debris Landfill nu- .......,y,...al "fa..� .....^ rt.?- i!?^ l` WIPWsY °:`I:'q':Jllpll,!T.1011'.... Itl llPnl " ",:i_: 'Ell'I 7!.I If5! Ilijlln lL:'RU-n LO Iiii cnlii!II -. nl � em.m11"14, ll`•a�!!JIIIII .�11LII IP.I :r .t:: `1'N 1 G¢:I n,151 '`Hii5f01�!11 I —Pty+.- .tlij!ai -+` I R; j,tif, I I Ilj . ;,- !!jll'�i ri?.I'; ;!IIjIj6 441t1.,�•'m tll,.!�l�tlili �I "t 34�,PIItIIijlN;ll(ittj iL lPill! I!:!'lllli�l �!ll !Iii!1'I!IlllliRmiillll °IiI i; r LL.Ij Ii�IObIIf'''it ll!111111- t!Iill�ilii A�F!i' {r;�4Jpill �nTHln gilt 'I „irip�jll I!I 1 a•4 »�7i �% .'JijIIL cr I vata! Ii:P r!1!jjllpjll`il!n1 +1 °'� ji�l! 01. i11( LL' l". dt9pf41111�jjiliN ^fii�in {miGil'illiiij��—+ FV - tl l .�.- Li:!�i111i!,. j1116f. A t l l ,t,v!r;rP! nlii`. ij?Z!I ja.wUIldlll l �jf 1 �4 r $J�111 Ji!lis(11;8' dilllll l t�,'i, „'.. �PO�j''si,Q�piap; `?Ifi9gl N. Day Care and Elderly Care Facilities N. Kennels Subject -to- Additional- Requirements -im Section -1.7 ONHTTF.D FOR LENGTH 1.4 Off- Street Parking and Loading (as required by Article V414 "Parking and Off- Street Loading Requirements' of this Ordinance) I 1.5 Signs (as required by Article IMF "Sign Requirements' of this Ordinance) 1.6 Buffers (as required by A^i^' e !v See! Bn o n the "Buffers" Section of the "General Provisions” Article of this Ordinance) Section 2.0 Commercial Business District N. Q ONIMED FOR LENGTH 414'e rn n...m -s:r rmvn a'wi;;;re- v vrnnmr:.±�^-ar; r mv ^r "'m'. RR rasrrrtm: -: .wet."=.. P. Manufactured home, modular home and recreational vehicle sales, including related repair activities and sale of parts N. Emergency Services (Police Stations, Fire Stations, Rescue Squad, Ambulance Service) 2.2 Conditional Uses A. Planned Unit Development, except residential and Industrial (See the "Planned Unit Development" Article X-of this Ordinance) B. Junkyards and automobile wrecking yards and similar types of used material industries. See the `Junk Motor Vehicles, Junk Yards and Abandoned Manufactured Homes" Article XJI c _PtiRll n & n n 1...a. Ya'Asof this Ordinance. C. Mining activities (as regulated by the "Mining General Regulations" Article of this Ordinance -6l) 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 parlorsf G. Adult motion picture theatres-T- H. Adult nightclub L Adult bookstores, K. Day Care and Elderly Care Facilities L. Recreational Vehicle Park " M. Grout) Care N. Kennels O. Recreation and Amusement Services OMITTED FOR LENGTH 2.4 Off Street Parking and Loadin (as required by Aniele V111the "Parking and Off - Street Loadin Article of this Ordinance) 1 2.5 5jM (as required by AHiele lXthe "Sign Requirements" Article of this Ordinance) 2.6 Buffers (as required by Article W, Sect on "the "Buffers" Section of the "General Provisions" Article of this Ordinance) �,�'.Imjjj.jf - LL M" 91 IM -1 iYiii_f MII UU11111,01811, W"o — OR*— TIE IMI I'M I i;;4z iMiTL it Hill- I I I miuip� I �1 T I -F ON-MifNi: fill I nt 7r *�Pleusftshall be used as..... . '. v Section 3.0 Conservation District OMITTED FOR LENGTH Section 4.0 Residential /Agricultural District - RA-40 OMITTED FOR LENGTH F. Family Care Facilities OMITTED FOR LENGTH Swimming Pools FOR LENGTH 4.2 Conditional Uses A. Planned Unit Developments, residential and/or residential mixed use (See Aisle the "Planned Unit Development' Article of this Ordinance) OMITTED FOR LENGTH D. Towers: Microwave4awers, T.V.towers, telephone-to s, radio tawep; and cellular Privately owned Public Utility Structures and Facilities J. Mining activities (as regulated by is 4ie'l@,' "Mining General Regulations- Article of this Ordinance) K. Land application of sludge or petroleum contaminated soil (as regulated by the State of North Carolina) M. N. O. Day Care and Elderly Care Facilities Kennels, Riding Stables, and other similar Regulated Land Uses. m Care OMITTED FOR LENGTH 4.4 Off- Street Parking and Loading (as required by "^ie;e 3,1111 the "Parking and Off - Street Loading Requirements" Article of this Ordinance) 4.5 Signs (as required by A&4 ele In the "Sign Requirements' Article of this Ordinance) Section 5.0 Residential /Agricultural District - RA -30 OMITTED FOR LENGTH A. J. OMITTED FOR LENGTH Recycling collection centers 5.2 Conditional Uses 1H OMITTED FOR LENGTH OMITTED FOR LENGTH Planned Unit Developments, residential and/or residential mixed use (See the "Planned Unit Development- Article X-of this Ordinance) Apartments and other multifamily structures with three or more units which meet the follow ng requirements of this Ordinance and, where applicable, the Harnett County OMITTED FOR LENGTH O. Towers: Microwave - towers, T.V. towers, telephone towers, radio towers- and cellular P. Land application of sludge or petroleum contaminated soil (as regulated by the State of North Carolina) Q. Manufactured Homes, All requirements or conditions must be met before a final Certificate of Occupancy (a.k.a. C.O.) will be issued for the home 12 T. Townhome Developments V. Bed and Breakfast 13 i W -OM ;Tf'jjj4 w':U�-. 1144 J-15 1-M tt, Iffff-, Rif =fo TA �'it5i I" T-g;",ig i-i m 1101; 111 T. Townhome Developments V. Bed and Breakfast 13 Care X. Recreational Vehicle Parke IIInW111N * NOTE: All conditional uses subject to the °Ssite pPlan Rrequirements" Section of the "General Provisions' Article of this Ordinance (see ,..4:010 w c stie. g, Subject to Additional Requirements n Section 5.7 ONHTTED FOR LENGTH 5.4 Off - Street Parking and Loading (as required by Wip'r 11111the "Parkins? and Off - Street Loading Requirements' Article of this Ordinance) 5.5 Signs (as required by Artiele-IXthe "Sign Requirements" Article of this Ordinance) 14 15 am T'ATA mq TV ,�-f 9 i ", "ME - =-S Gklfh"-�- TIMMIMM, il MTTIM"MEN MITM I, T91 ip IT, UNRI 16 Section 6.0 Residential/Agricultural District RA -20M OMITTED FOR LENGTH H. Apartments and other multifamily structures with three or more units which meet the -- following — requirements —and, where applicable, the Harnett County Watersupply M OIIWMD FOR LENGTH 17 ONIITTED FOR LENGTH 6.2 Conditional Uses OMITTED FOR LENGTH F. Planned Unit Developments, residential and/or residential mixed use (See A+tiel"the "Planned Unit Development" Article of this Ordinance) OMITTED FOR LENGTH M. Towers: Microwave - towers, T.V. - towers, telephone - towers, radio towers -and cellular telephone N. Mining activities (as regulated by Article XI) O. Land application of sludge or petroleum contaminated soil (as regulated by the State of North Carolina) P. Land Clearing and Inert Debris Landfill 18 'I� illiplt � , -,� T'r 111➢.( 1 Ilj III R" � PI'..' I nr'F II :.; of l f l�Ip l.-yV. � jocrt ^•'tn ^:T� I till M :'il'11 19:1 f.I. 'nli _.:jtl'UIJI1 1 ....` YL 111�1!1111g��1!Il:ui� llvIN litq! 111111�1! I� c: '�4i 11111II t?iL'1!IIIT�tr- .'I�Illl i!:'lll I {1171 lei II 4�4.i1 n 1 I Iljil�f °gill III 1"11111111" II ' iiu�llll�lllA�I Inll.11 llii =' � II �ml�'rsIv'I "e'In�IIIIIVI'�.1 I! ilia �AIIIII , L'!Ilpv?lm III: I`!r4J . II X11 :!l :!dlN!11111 Ik Lu_v. 1u:1!tl11�1:: 1!VI_ i ...I uiliLlltl .1�1i!1(.r 11 F,`I'ILII!._z!1 Ii111111114* -kN1 IL�iIIIIIIIiAI 1 ICI III" Sl.�ll ! '�IIIIL4 n w'Ifi ai �I -1111 -11 "I �A II 111 IF li�jllllllt{ -I tF'. ..:111 Pa'I: Q. R. S. T. U. Condominium Developments Townhouse Developments -* Kennels, Riding Stables, and Other similar regulated land uses Bed and Breakfast 19 v. 1ST Recreational Vehicle Parke * NOTE: All conditional uses subject to site plan requirements (see Article IV, Section 8). Sul�jee! to Additional Requifenients in Seetion 6.9 OMITTED FOR LENCrH 6.4 Off -Street Parking and Loading (as required in Article– VIllthe "Parking and Off -Sucet Loading" Article of this Ordinance) 1 6.5 Si ns (as required in Article -IXthe `Sign Requirements" Article of this Ordinance) 6.6 Buffers (as required in Article I-V— Sec>tion-- 8�Othe "Buffers" Section of the "General Provisions" Article of this Ordinance) 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. 20 21 22 . n1 I �,.. � . . . ........ �im R 'Im ".! mm='. "nT NERR, OR, i Gil-11M Section 7.0 Residential/Agricultural District - RA-20R G. OWITED FOR LENGTH K. Swimming Pools OMITTED FOR LENGTH 23 OMITTED FOR LENGTH 7.2 Conditional Uses OMFITED FOR LENGTH E. Planned Unit Developments, residential and/or residential mixed use (See Article the "Planned Unit Development' Ailicle of this Ordinance) OMMED FOR LENGTH H. Apartments and other multi - family structures with three or more units which meet the t�aliawing f-equiremelits an , where applicable, the Harnett County Watersupply Watershed Regulations: 24 L. Existing industrial uses applying for permits to expand M. Existing Commercial uses applying for permits to expand. N. Lovers: Microwavetawers, T.V. - towers, telephones em, radio tewerrand cellular O. Mining activities (as regulated by Article " Xithe "Mining_ General Regulations- Article of this Ordinance) P. Land application of sludge or petroleum contaminated soil (as regulated by the State of North Carolina) P R. Condominium Developments S. Townhouse Developments * ** U. Kennels, Riding Stables, and other similar land uses. V. Bed and Breakfast W. 94 Recreational Vehicle Parkes * *LL *NOTE: All conditional uses subject to site plan requirements (see Article IV, Section S) ** Subj ee t- to-AdditionaLRequireniems -in Section -7 -7 --t-t-- �SubjecHo- Additional- Regttirements -itt Scction�F, * — ,,abject -to- Add +tional- RequirementritrSection-7.-9 OMITTED FOR LENGTH 7.4 Off -Street Parking and Loading (as required in Article -- V-[Ilthe "Parking and OITSueet Loading Requirements' Article of this Ordinance) 1 7.5 Signs (as required in A'i ;e4Xthe "Sign Requirements" Article of this Ordinance) 7.6 Buffers (as required in Article- IV—Section -80the "Buffers' Section of the "General Provisions" Article of this Ordinance) •.— r,Cq' �: Ii1.i:G26 --n nm: �n-m:: --r i nn:. ,. -. n. ..,. rnr�l rr -. — r- .n.mxuniil...._.,vr i ^rs— -e» - �r:n: -. r:n ::arc; r i::;.:.,r 26 27 28 "-ten i'fl °rlpl4a 964ii fl NO -NERM1111MIMM, 1 1111111 . -�41 MINT loll 0- d m qppptruO�, W 29 Section 8 0 Highway Corridor Overlay District - HCO OMITTED FOR LENGTH 8.4 Off- Street Parking and Loading (Refer to ^z le = 'Sllthe "Parkin_ and Off - Street Loading" Article of the Zoning Ordinance) Parking for residential development shall follow ^ F�� cle Vill.the "Parking and Off- Street Loading" Article of this Ordinance Parking for nonresidential development shall follow the "Parking and Off - Stree( Loading' Article of this Ordinance Al -t ele VilLwith the following addition: A) Parking shall not be allowed within the 50' front yard setback unless landscaping requirements can be met as set forth in 8.6 Buffers and Landscaping. OMITTED FOR LENGTH 8.8 Site Plan Review Required The burden shall be on the applicant to show that his plans are in the best interest of the corridor growth, community and users of the proposed development. Site planning in the proposed development shall provide protection of the development from potentially adverse surrounding influences, and protection of surrounding areas from potentially adverse influences within the development. The development plan shall show the following, which shall be given careful review by the Planning BoardDevelopment Review Board ( or Board of Commissioner's) before approval. OMITTED FOR LENGTH 8.9 Exceptions (1) It is the intent of this section that development existing as of the date of its enactment shall not be required to comply with the regulations contained in this section unless such development is expanded or substantially altered. (2) The following may be exempt from the requirements of this section: a. Refer to Aftiete— Wthe "General Provisions" Article Of the Zoning Ordinance Section 9.0 Office / Institutional District- Of OMITTED FOR LENGTH 9.6 Perimeter transition areas and design standards. FORLENGTH 30 Structures built within the perimeter transition area that adjoin residentially zoned or residentially used property or adjoin a public street shall be buffered using one of the techniques given for a (Type A buffer located in Article Al Seetion 4. 14the "Buffers" Section of the "General Provisions" Article of this Ordinance), however the buffering shall only apply to the property line(s) that adjoin the residentially zoned or residentially used property. Further this buffering shall adequately cover enough area to ensure the maximum amount of buffer is given to the adjacent residential use. (4) Parking: Parking lots located within the perimeter transition area that adjoin public streets or are adjacent to residentially zoned or residentially used property shall be landscaped or otherwise screened using one of the techniques given in (A14+010 Vill Seetiaii 3 the "Parkine and Off - Street Loading Requirements" Article of this Ordinance) to minimize views of parking from the street and adjoining properties. Further these parking areas must be set back a minimum of 10 feet from the right -of -way or property line. OMITTED FOR LENGTH 31 Article VI Zoning Districts and Regulations Section 8.0 Use & Structure Regulations Section 8.1 Adult Bookstore This use must be located not less than two thousand (2,000) feel 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. Section 8.2 Adult Motion Picture Theaters 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. Section 8.3 Adult Nightclub 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. Section 8.4 Bed & Breakfast A. The operator of the bed and breakfast residence may be the owner of the dwelling or a resident manager, but must occupy the dwelling as a principal residence. B. Guest stays shall be limited to fourteen (14) consecutive days. C. Meals may be provided to overnight guests only, and no cooking facilities may be provided in guest rooms. D. Should comply with all local and state regulations. Section 8.5 Development: Condominium 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. 32 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 11/2 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 1, General Construction. 1. 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. Section 8.6 Development: Townhome 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 tiled 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: I. The Homeowner's Association shall be established before any lots are sold. 2. Membership shall be mandatory for each buyer and any successive buyer. 3. 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. 4. 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. 33 5. 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 I, 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 comer 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. Section 8.7 Family Care Facility No Family Care Facility shall be located within a one -half mile radius of an existing Family Care Facility Section 8.8 Flea Markets Rummage & Second Hand Sales and Activities (indoors or outdoors) subject to the following requirements: A. Provided that all outdoor articles (as defined in "Flea Markets "), display tables and/or racks, tents, tarps, shelters, coverings of any type or vehicles used shall be removed from dusk to dawn. B. Preparation and sale of perishable foods shall be regulated by the following General Statutes: 130A -247, T15A:NCAC18A.2600, Chapter 106 Article 12 106 -120 through 106 -145 and Article 26 106 -246 through 106 -268.1 (indoor or outdoors). C. Sale or trade of domestic or farm animals shall be prohibited (indoors or outdoors). D. Any buildings or structures shall meet the current N.C. Building Code and N.C. Accessibility Code for indoor use. 34 Section 8.9 Group Care Facility No Group Care Facility shall be located within a one mile radius of an existing Group Care Facility Section 8.10 LCID (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 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 Permit is officially released E. A survey map may be used as a base map for the site plan. Section 8.11 Massage Parlors A. 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. Section 8.12 Mini - Warehouse (Self- Storaee) Subject to the following requirements: A. Maximum Building Height of twenty (20) feet. B. A secured fence of at least six (6) feet in height shall surround the perimeter of the storage facility. 35 C. Adequate lighting shall be provided to illuminate the storage facility. The minimum size streetlight shall be a 175 watt Mercury -vapor (approximately 7,000 lumen class) or its equivalent, spaced at intervals of not more than 300 feet. D. No outside storage shall be permitted except as provided below. E. Outdoor storage of boats, vehicles (including motorcycles) and recreational vehicles in designated spaces shall meet the following requirements: F. One (1) outdoor storage space per every five (5) indoor storage units. G. Outdoor storage space(s) shall be located at the rear of the site. H. The storage of hazardous, toxic, or explosive substances shall be prohibited. I. No business activity shall be conducted within the storage units. Section 8.13 Multi- Family & Apartments 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. D. Recreational Vehicle Park Requirements E. Site Plan required by a professional engineer or surveyor showing the following: F. Size of Recreational Vehicle Park - All parks shall have a gross land area of at least three (3) acres. G. Size of Individual Recreational Vehicle Space — H. Minimum Space Size: 1,000 Square Feet I. Minimum Space Width: 20 Feet I. 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. K. 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: L. 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. M. 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. Access to all campers and accessory structures within the campground shall be made using internal streets. N. 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 36 Gross land Area (Acres) Percentage of Recreation Area 3.00-6.00 7% 6.01-9.00 670 > 9.01 5% L. 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. M. 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. Access to all campers and accessory structures within the campground shall be made using internal streets. N. 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 36 length of five hundred (500) feet and shall be provided with a permanent turnaround not less than sixty (60) feet in diameter. All entrances in a recreational vehicle park shall be paved a minimum of 20feet or to DOT Standards. Maintenance of all internal streets and drainage facilities shall be the responsibility of the owner of the campground. O. 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. P. 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. Q. Prohibited Uses within a Recreational Vehicle Park - R. Junk Motor Vehicles S. Storage of Recreational vehicles, cars, boats, lumber or other construction materials. T. No site shall be used as a permanent residence. U. Maintenance of Recreational Vehicle Parks- The park owner shall keep all park owned facilities, spaces, improvements, equipment, open space, recreational and all common areas in good repair and maintained in such a manner as to prevent the accumulation or storage of material which would constitute a fire hazard or would cause insect or rodent breeding and harborage. The County shall have the authority to remove, abate, or remedy everything that is dangerous or prejudicial to the public health. The expense of the action shall be paid by the park owner in default, and, if not paid, shall be a lien upon the land or premises where the nuisance arose, and shall be collected as unpaid taxes. Section 8 14 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. All swimming pools shall be completely surrounded by a fence or wall with a height of no less than four (4) feet. The fence or wall shall be made of any suitable and durable material that is intended for a fence. The fence or wall shall be designed so that a four and one -half inch (4.5 ") diameter sphere cannot pass through any opening. All gates and doors opening through such fence or wall shall have self- closing and self- latching devices which keeps the gate or door closed at all times; however, the door of any dwelling which furnishes part of the enclosure need not be so equipped. An aboveground pool wall, itself, may be used as the barrier if the pool structure is on grade and the wall and structure are at least four (4) feet in height. Where an aboveground pool structure is used as a barrier or where the barrier is mounted on the pool structure, the ladder or steps shall be surrounded by a barrier which meets the above requirements. B. 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. C. 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. D. 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. E. 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) feel away from the outside edge of the pool without the approval of such utility company. 37 F. 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: G. Waste water shall drain directly into the street storm drainage system, other public storm drainage system, or roadway ditch or H. 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. Section 8.15 Towers: Microwave, Television, Telephone, radio and Cellular 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. 38 Article X Planned Unit Development 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 definitely 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 1. Statement as to proposed ownership of streets and responsibility for maintenance thereof Section 12 Conformity to Plan Site development within the planned development shall conform to the Outline Development Plan and associated requirements approved by the Planning —Beard Development Review 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 Rla»exrg Beard Development Review 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 standards. All private streets shall be built and paved according to generally accepted engineering and construction principles. Maintenance of private streets 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 their 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 1049 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 intent 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 RA-40, 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 °Plae .ing Reard'Dcvclopment Review 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. Section 1.9 Density Calculations Development area density shall be no greater than that normally permitted for the district in which the PUD is to be located except as provided below. Development shall be computed by subtracting fifteen percent (15 %) of the gross area (as an allowance for streets), plus all areas designated for nonresidential purposes (Such as Schools, Churches, and Commercial Facilities, but specifically excluding common area / space) from the gross area and dividing the remaining area by the lot area requirements as specified for the zoning district in which the Planed Unit Development is to be located. 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 P rlDevelopment Review Board in accordance with the following ratios of Residential Area to Common Open Space. In each case, the Mann ng BoafdDevelopment Review 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 to be Common Open Space % Density Bonus 10 -19 10 20 -29 15 30 -39 20 40 -49 25 50 -59 30 60 or more 35 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 1.6 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. 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 constructed prior to the construction of less than fifty percent (50 %) of the dwelling units proposed in the plan, or construction 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- street 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 10%, 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 the following options: I. 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 the Planning 4eafdDevelopment Review 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 he 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, buffers, setbacks, and street design and arrangement in the evaluation of the relationship of the development to its surrounding areas. Internal Relationships I. Service and Emergency 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 he made for acceptable design and construction of storm sewer facilities including grading, gutters, piping and treatment of hurt' 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 I. Design Standards It is the policy of the Board of Commissioners of Harnett 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, Development Review Board and Planning Department. 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. 3. The developer shall manage the Homeowners' Association, which shall be 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 98% of the total dwelling units planned are conveyed to residents or (2) for ten years from the date that the first 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 from 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. 7. 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. 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 tiled 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- BoardDevelopment Review 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 Ph n i ng BeardDevelopinent Review Board may request more detailed information about specific items within the report. f. Any other supplemental information considered by the subdivider or the °rdDevelopment Review 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 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 °,tea;,; .yea: ;Development Review Board Action The Planningg BoardDevelopment Review 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 Wartrtirlg BoardDevelopment Review 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 Wamring- BoardDevelopment Review Board. One print of the plat shall be transmitted to the subdivider and the second approved print shall be retained by the Planning— BoardDevelopment Review 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 - BoardDevelopment Review Board and a print shall be given to the subdivider. C. When a preliminary plat is disapproved, the Manning— BoardDevelopment Review Board shall specify the reasons for each action in writing. One copy of such reasons and one print shall be retained by the Plannin"oardDevelopmem Review 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 P earJDevelopment Review 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 Department as to proposed water and sewage systems. C. Other County or State agencies whose approval might be necessary. Section 2 7 Final Plat For Maier Subdivison & Guarantee of Improvements Refer to Article III, Section 2.7 -2.7.3 and Article IV. in the Harnett County Subdivision Ordinance for preparation of final plat for major subdivisions and guarantee of improvements. Section 2.8 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 tine 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 2.9 Variances The Planning I3eardDevelopment Review 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- 13oardDevelopment Review 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 3.0 Water and Sewer Service Requirements Refer to Article V, Sections 5.3 -5.3.2 in the Harnett County Subdivision Ordinance for water and sewer standards Section 4.0 Parking and Off Street Loading Requirements Refer to Article VIII, of the Harnett County Zoning Ordinance for off street parking and loading requirements Section 6.0 Sign Requirements Refer to Article IX of the Harnett County Zoning Ordinance for sign requirements 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. 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 he 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 he in accordance with the regulations set forth by the Harnett County E -911 Coordinator. Section 7.3 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 homeowners' 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. 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. Section 8.0 Lot and Setback Requirements Except where otherwise noted, all requirements of Sections 8A -8.3 shall apply to both lots and neo- traditional lots, as defined in Section 12.0. 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. 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 IN 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. 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 plann ng Bea Development Review 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 served by a public water or sewer system shall be at least fifteen thousand (15,000) square feet in area. 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. 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. I. 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 street for at least one hundred (100) feet. Density shall not exceed nine (9) units per acre. Section 8.2 RESERVED FOR FUTURE USE 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: (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. 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: (Corner 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 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. 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. 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 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 (I ) 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 corner 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. 12 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 including provisions contained in this ordinance concerning Condominiums. Town Homes shall meet all applicable Harnett County regulations including provisions contained in this ordinance concerning Town Homes. Apartments & Others Multifamily Structures shall meet all applicable Harnett County regulations including provisions contained in this ordinance concerning Apartments & Other Multifamily Strictures. 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. Congregate Residence 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. 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 -to -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 pm,nFd evelopment Review Board for review and recommendation. The Harnett County Planning BoardDevelopment Review Board shall have sixty (60) calendar days within which to submit a 13 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 - BeafdDevelopment Review 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- BoardDevelopment Review 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 Warning BoardDevelopment Review 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 he required to obtain any additional approvals of its Outline Development Plan for the 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: 14 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- BoardDevelopment Review Board prior to installation. All buffers shall be maintained in perpetuity for the life of the development by either the developer or Homeowners' Association. 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 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 stores, 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. 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 15 Dwelling: 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 ". Frontage: 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 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. 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 transients 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. Kennels: A commercial establishment, in which dogs or domesticated animals are housed, groomed bred, boarded, trained, or sold all for a fee or compensation for purposes not primarily related to medical care. 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 lot lines. Lot. Width: is the average horizontal distance between the side property lines. 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- m Traditional designed lots must comply with the North Carolina Department of Transportation Traditional Neighborhood Development Street Design Guidelines. Outline Development Plan: The master plan for the planned unit development that is approved by the P g° BodfdDevelopment Review 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. • 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, firm, 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 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 — Front: 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. Shopping 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. Simon: is an advertising device used to disseminate information concerning a person, place, or thing. Sign — 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. 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. 17 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 -I 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. 19 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: To Ma (Date) Tax Parcel ID Number (Owner) (Owner) Certificate of Accuracy and Mappine 1, , 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 error 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 BeardDevelopment Review Board The Harnett County Plarming4iodrdDevelopment Review Board hereby approves the final plat for the Planned Unit Development. 111 (Date) 19 Chairman, Harnett County Wattning— BeafdDevelopment Review Board Certificate of Approval by the County Commissioners The Harnett County Board of Commissioners hereby approves the final plat for Planned Unit Development. (Date) Chairman, Harnett County Board of Commissioners Certificate of Registration by Register of Deeds North Carolina Filed for registration on the _ day of _ at Harnett County (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. 20 Article XIII. Review & Decision Making hoards Section 1.0 Development Review Board L I Title A. This board shall be officially known and cited as the Harnett County. North Carolina Development Review Board, although it may be referred to hereafter as the "DRB," .. this Board," or the "Development Review Board." B. The Development Review Board is hereby enacted under powers panted by the State of North Carolina specifically conveyed by NCGS 160A -361 or 153A -321. 1.2 Purpose & Intent A. To protect the character and the stability of the residential, business and manufacturing areas within Harnett County and to promote the orderly and beneficial develo tp nent_of such areas, B. To prevent the overcrowding of land and undue concentration of structures so far as possible and appropriate in each district. and to provide adequate light, air,_ privacy and convenience of access to properly C. To encoura eg innovative and quality new residential development so that rg owing demand for housing may he met by greater variety in type, design and layout of dwellings and by conservation and more efficient use of oar space ancillary to such dwelling D. Encourage pedestrian and vehicular connections between residential neighborhoods and between residential neighborhoods and nearby employment centers, shopping and community services such as parks and schools; E. To encourage qualitty,_nonresidential development that_ preserves eserves and protects the character of the community including its natural landscape • nd that minimizes objectionable noise glare, odor, traffic and other impacts of such development especially when adjacent to residential uses; and F. To encourage quality, multi- family residential development that preserves and protects the character of the community, including its natural landscape and that minimizes objectionable noise, glare, odor, traffic • nd other impacts of such development especially when adjacent to residential uses; and 0 G. To nrovide for a continuing, coordinated, and comprehensive review of the technical aspects of this Ordinance. and for the approval of certain technical aspects of development proposals 1.3 Membership A. General Membership 1 The Development Review Board shall consist of staff representatives from the following Harnett County departments: a. Planning Department: as to the overall site design b Environmental Health Section of the Harnett County Health Department: as to the use of septic tanks C. Public Utilities as to proposed water and sewerage systems d. Fire Marshall's Office: as to the safety of future residents e E -91 I Addressing Department: as to the street naming and addressing 2. The general membership shall be responsible for reviewing, commenting and voting on all technical aspects of applications for 6twiclopment submitted to the Board, taking into consideration the comments of advisory members relevant to their area of expertise. 3 To perform any other related duties that the Harnett County Board of Commissioners may direct. B. Advisory Membership I. Depending upon the specific aspects of a development proposal additional members of the DRB include representatives of the following agencies: a. District Highwav Engineer as to proposed driveways street~ highways, and drainage systems b Parks & Recreation: as to the development of open space and recreational areas c GIS /Land Records Department as to the maintenance and accuracy of GIS /Land Records d Harnett County Board of Education e Land Quality Section: as to the erosion control requirements 40 f. Private Utility Company(ics). 2 The advisory members shall review and comment on all technical aspects of applications for development submitted to the Board relevant to their area of expertise. 3 The advisory members shall not vote on application appearing before the Development Review Board C Chairperson: The Manager of Planning Services or his designated representative, shall serve as chair of the DRB. 1.4 Powers & Duties: A. Final Decision - Making Authority: The DRB shall have final review and decision - making authority over the following types, of applications and submittals: 1 Major Subdivision Preliminary Plans & Plats 2. Major Subdivisions Final Plans & Plats 3. Commercial Site Plans within the Highway Corridor Overlay District 4. Attached Single Family Development 5. Multi - Family Development B. Review & Ap rp oval 1 Complete applications or revisions shall be submitted to the Development Review Board via the Harnett County Planning Department. a The Harnett County Planning Department shall establish criteria for it complete application Any change in requirements shall be posted in the Planninp Department office no less than sixty (GO) days prior to enforcement. b The Harnett County Planning Department shall establish standard deadlines for complete applications This information shall be made available to the public and shall be posted in the Planning Department Office. 2. When an application first appears before the Board, the petitioner or his duly appointed representative shall make a brief presentation about the development proposal and provide time for 41 the general and advisory members to ask questions and state concerns. 3. The petitioner shall be granted the opportunitv to revise the application based upon the Development Review Boards comments. The petitioner is encouraged to contact each member's agency directly in regards to comments or concerns specifically relating to that members area of expertise. 4. Once all comments have been exhausted. each general member shall vote to tither 'approve', 'approve with conditions' or `deny' Lin application. a `Approve': To approve an application means to accept the development entirely as presented on the application. b 'Approve with Conditions': To approve with conditions means to accept the development overall, but require Miner changes between the time of approval and construction. c 'Deny' To deny an application means to Lind that the application does not conform to the existing regulations or development policies. 5. Any regular and special advisory members shall issue comments in writing on each development application to the Planning Department These comments shall be forwarded on to the petitioner. 6. An application shall be considered 'Approved' only when every general memher has rendered his vote as either 'approve' or `approve with conditions' at final review. In the case that any general member renders a vote of 'deny' at final review the application shall be considered 'Denied'. C. Appeals 1. If an application is denied the etitioner may appeal the Development Review Board's decision to the Harnett County Planning Board. ? The petitioner shall submit a letter stating the intent to appeal to the Planning DeparUnent within 30 days of the date of the final Development Review Board Decision. 1.5 Meetings A The Development Review Board shall establish standard meeting dates times and a standard meeting location. The schedule for each 42 calendar year shall be published in the Harnett County Planning Office and be available for public access. B. The chairperson may call for additional meetings or may cancel any meeting of the Development Review Board assuming that an announcement is made at the previous DRB meeting and stood faith attempts are made to notify those who must be present. 16 Records: The DRB shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicatin such fact, and shall also keep records of its hearings and other official actions. Section 2.0 Planning Board 2.1 The Board shall adopt 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 Harnett County Planning Board By -Laws, which shall be kept on file in the County Planning Office. Article- XIILSection 3.0 Board of Adjustment 4 -43.1 Creating the Board of Adjustment A. 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. B. 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 term of one year. Vacancies shall be filled for unexpired terms 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. C. 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 Harnett County Board of Adjustment By -Laws, which shall be kept on file in the County Planning Office. D. The Chairman of the Board of Adjustment is authorized in his official capacity to administer oaths to witnesses in any matter coming before the 43 Board. Any member of the Board, while acting as chairman, shall have and may exercise like authority. E. 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. F. 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. 4:23.2 Powers and Duties The Board of Adjustment shall have the following powers and duties: A. Administrative Review 1. 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. B. Variance 1. 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. 44 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. C. Conditional Use Permits: To issue conditional use permits as prescribed elsewhere in this Ordinance. 4-:33.3 Filing and Notice of an Appeal A. 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. 4-:43.4 Fees for Variances or Appeals A. 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. 45