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05/18/09 Zoning Text Amendment Art VI Sec 11.0HARNETT COUNTY NORTH CAROLINA A RESOLUTION AMENDING THE HARNETT COUNTY ZONING ORDINANCE WHEREAS, the Board of Commissioners of Harnett County adopted a Zoning Ordinance on July 18, 1988 and June 5, 2000 for the purpose of promoting the health, safety, and general welfare of the county residents; and WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North Carolina, particularly G.S. 153A -340; and WHEREAS, the Zoning Ordinance contains provisions for amending said ordinance and those provisions have been followed; and WHEREAS, the Harnett County Planning Board has reviewed the amendment to the articles of the Zoning Ordinance as listed below and recommends the adoption of the following amendment. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that Article VI "Zoning Districts &r Regulations ", Section 11.0 "Use &r Structure Regulations" of the Zoning Ordinance shall be amended to read as indicated in "Attachment ". "Attachment" is filed with the Zoning Ordinance in the Clerk to the Board's Office. Duly adopted this 18a' day of May, 2009 and effective upon adoption. HARNETT COUNTY BOARD COMMISSIONERS d Timor y B, ill, Chairman ATTEST:, Kay S. Blanch d, Clerk to the Board ATTACHMENT .Article VI "Zoning Districts & Regulations" Section 11.0 "Use & Structure Regulations" 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 inch (4'� 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. Where a wall of a dwelling serves as part of the barrier one of the following conditions shall be met: 1. The pool shall be equipped with a powered safety cover in compliance with North Carolina Building Code ASTM F1346; or 2. All doors with direct access to the pool through the wall shall be equipped with an alarm which produces an audible warning when the door and its screen, if present, are opened. The alarm shall sound for a minimum of thirty (30) seconds and shall automatically reset under all conditions; or 3. Other means of protection, such as self - closing doors with self - latching devices, which are approved by the Planning Board, shall be acceptable so long as the degree of protection afforded is not less than the protection afforded by the previous two (2) items. 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) feet away from the outside edge of the pool without the approval of such utility company. 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.