03/15/10 Zoning Text Amendment Art VI Sec 11.1, 11.3 Art VIHarnett
COUNTY
NORTH CAROLINA -
www.harnett.org
A RESOLUTION AMENDING THE
14ARNETT COUNTY ZONING ORDINANCE
WHEREAS, the Board of Commissioners of Harnett County adopted a Zoning Ordinance on July
18, 1988, June 5, 2000, and June 15, 2009 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 Est Regulations ",
Section 11.1 "Use Types & Regulations ", Section 11.3 "Use Regulations ", and Article XVI
"Definitions" 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 15`s day of March, 2010 and effective upon adoption.
` .oF .0Mn Its I"
moo. a 02,^
strong roots • new growth
HARNETT COUNTY BOARD OF COMMISSIONERS
to the Board
p
Timoth . McNeill, Chairman
ATTACHMENT
UPDATE the following table from Article VI Section 11.1 "Use Types & Regulations" as shown
1
I
A
Oq
VO
VO
C
K
PARKING
T
w�J
A
Traditional Household Residential
Single Family Dwellings (including modular
p•
P
p
p
P
2 dwelling
t
homes) : _
_
_
per unit
__
Com atibil' Devi n Develo rrent
—P .fi - -- � - --
--
—
P`
P'
P.
_
P'
2 per dwelling unit
— - -- —
t
Manufactured Home Parka (see Manufactured
re
C
2 per dwelling unit
Home Park Ordinance )
Manufactured Homes on Individual parcel)
C'
P'
UP *
2 per dwelling unit
t
Multi-Section Manufactured Homes (on
P*
2per dwelling unit
1
individual reel
C
Multi-Family Residential
_
_
Condominium Deveb manta
P*
C'
1.5 per bdrm + t per bdrm over 2
2
Duplex
Develo ent
C'
C*
1.5 per bdrm + 1 per bdrm over 2
2
Mufti -family Dwelling (three (3) or more
p*
C*
C*
p•
i.5 per harm « t per harm over 2
2
dwelling units on individualparcep
--
--
._
—
Townhome Development
P•
_
C*
C'
1.5 per bdrm+ t per bdrm over 2
2
Two-Family Dwelling (duplex on individual
P
P
P
1.5 per bdrm + 1 per harm over z
1
ercel
Nontraditional Residential (Sea PUD
Article
_
LIvelWark Develo ent
C'
Ae requires by proposed uses
3
Planned Unit Development non - residential
_
C�
C
_C'
As required by underlying use
3
_
Planned Unit Developments (residential a4or
C
C
C:
C
As required by underlying use
3
_ residential mixed use
_
Residential
_Group
Family Care Facilities
P'
P*
P'
P'
t per 5 beds
2
_ _
Grou Care Fecili
_
C•
C"
C.
C"
C'
__
t per 5 beds
2
' ACCE880RYU $ESAND'3TRUCTURE$ >,�y''t.
Customary Home Occupations
P
P
P I P
t
Educabon: Typically related accessory uses
_
__
I
(dormitories, stadiums, auditoriums,
P
P
P
see oat District Regulations
museums etc...) i
Religious Structures related accessory uses
(Rectories, Parsonages, Manses, Parish
C
C
P
P
P
P
P P
2
Houses Cemeteries Mausoleums, etc ) 1
Swimming Pools
P•
P*
P.
P.
P"
P'
P' P"
1
—Bona Fide Form _
P
P
P
_
P
P_
P
P� P
P*
P*
P*
P* P.
1 per Soo sq R
2
j_
Preserves Nature,Wiidlife or Forest
P
P
P
P _
P
P
P
_
P—�
t
`�ANDINSTfiUT10NA1.�..,x>'•, ?,_� "
"� "'�''
'�.,�,
":= � � , . ,,;'
EDUCATIONAL
.. ..
A r'` ..yi
h
i_. Continuing Care Retirement Community I l
C—
C
C
C
C C
C t per employee residentt shift) + %
2
--j—
Reti ig ous Structures __ —____ ' _., C
Cemetery or Mausoleum, Commercial Use I
Cemetery or Mausoleum, Private Use
P -`-C'
P
P
I
P
C.
PP
P ` P {
C* C. I
P
P 1 pent sanctuary seats
C*
P r
2
2
2
- -- --
-
- -
- --
TTT
Funeral Home Or Mortuary _ 1
P
C
C-1 C l
C 1 per 4 seats-OR 1 per 200 sq. s.
2
1
°�
°� zG$I�INQ��J
`
2 J V
U G I K i C
PARKING
Daycare Facilities _ _
Adult Da cny re — ` —_
Childcare Facility
C' P' P.
C. P` ; P"
__
C. T C` C` C` tC'
C` C` C. C`
7 i Per r emWoyee+ l Per B cllen
1 per employee+ 1 per a clients 2
In-Home Childcare —
_ i i �1,
_C`
P` P` p P`
As required by underlying use 1 1
Educational Services
Educational Institution: Colleges,
& Trade Schools
Universities, --�-
P I I' C
'—rte- -
P P I P P P
5 per classroom • 1 per o1ROe 2
Research Laboratory__
P p I `.
p
1 per 2 employees (largest shift) 3
1 per 5g0 e0. a.
_
School: Elemeytn & Middle
_
C C r C
_ ___
P P
—OR
perdesaroom 2
_ __—
School Hi h
C__ C
_____ _ _P _P _
P P_ P
_2
5perdaseroom 2
Truck driving school _ —_
_ __C
— P - C C
_P —F
_ ^ _
—
5 per classroom + 1 per office 4
Financial Services
Automated Teller
Machine (ATMj—
P`
P`
P`
_
P'
P'
-�
P`
P'
P'
2 per machine
2
Financial Institutions (Banks, Credit Agencies.
Investment
InvestmentCom anies�etc_Z_
C
_
P
P
LP
P
-_
__
Joe'
3
Heatth Services
Emergency Services (Police, Fire,
Rescue,
P
P
P
P
p
p
p
p
_
1 350
Ambulance Service L� ---
--
-_
--
_ ---
per eq. ft.
2
Health Care Services (Medical &
Dental Clinic
C
P
P
P
C
C
C
C
—
1 per 300 sq. ft.
3
& Lab BI ood Bank_etc� _
I__
Hospitals --
_PP_
P
P
P_
__
P
P
t
_
iperbed
3
-�
Public Services
- -P -_ -P _- —
Parka
_
= P_ P P P P P P P
1
- ----- -
Public Libra
- -- -- - - - - - --
P P P P P P P P 1 per 300 sq n.
z_
Sociallnstitutions
Community and Civic Centers
P
P
P
P P
1 per 200 sq. ft.
2
Social halls, lodges, fraternal organizations,
_ _P
p
p
C
C
C C
1 per 200 sq. R
2
clubs & similar activities
diWERCIALt,'tx r Y"%
4J "d
.. -41n -
F_)tlafing commercial uses applying for perm is to
ex"! Id d
P
C
C
C
As required by underlying use 3
Animal Services
Kennels, Boarding Stables, & Other similar C �.• C
regulated lend uses
Veterinarian Servos _` - - --- -_ - C• _ P' C` - C'-
—I
----1-
—G•
C`
O C
C` C`
(�,
C`
_
1 per employee 1 per kennel or
pen
per 300 :per
---
3
3
Eating and Drinking Places __-
- -1
Restaurant
TP
P P
P
tperaseau
3
Bar or Tevem
1 per 4 Beau
3
Lodging Services
Bed and Breakfast _
__ _
i �_
_
C C
C
--- -- --- - --
T--1p-w"-m-
1 per room --+--1
per employee
3
Boarding_Houee
� IC_
"
_C
C_` 1per mom +l per employee
3
_
Hotel or Motel
_
C _ P
_
P C_`
_._._
—I
_C�_
1 per room 1 per 2 employees
3
Homeless Shelter
1. Recreational Vehicle Park
_
C'_
— _
C. __
C. T
___ C`
C`
C"
C`
C`� 1 per 400 sq. ft.
C
3
3
Offices, General
Offices Business or Protessionan�_.^ P P P_ r P I _�C�C C �_C 1 I per 200 sq. n. 3
Offices Governmental P P P r P I C 1per 200 sq. ft 3
Personal Services__
ILicensed Massage & BOd d t Tera at . -3 per lii censed therapist 3C
'--111111
Masse _afl0ra —__ _ I__ 1 per 300 sq. ft. 44
Trade d similar a elprises
catering t0 p P P ! (i• I (.• ? (.• (�i 1 per 300 aq. ft.
�. __ households 8 business establishments _ _I__ .L _ LL ��_ — I J
_
U �
to re
C t'a7
`E,
PARKING
r1
Recreational FacillGes
Recreational Facility
C
C
C
C
C
C
C
C
1 per 4 persons (at max capacity)
3
Athletic Fields, Private
I
P`
I P`
P`
25 per flelo+ 1 per200 sq. ft.
3
Health & Training Center Indoor
C`
P`
P`
P'
1 per 200 sq. fL
2
Health & Training Center, Outdoor
C.
C.
C`
1 per 200 sq. ft.
2
Race Track
C`
C.
C`
C`
C`
C`
C_`
C`
1per participant +l per 3 Mats
3
Recreation & Amusement Services
C
C
_
1 per 4 persons (at max capacity)
3
Recreational Day Camp
C.
C.
C`
C`
C`
C`
1 per employee+ 1 per B clients
2
Recreational Facility, Indoor
P
P
P
C
C
C
1 per 200 sq. ft.
2
_
Shooting Range
C'
C'
C'
C'
C"
C'
_C
C`
C'
par!dng point
4
Turks Shook Tem re /Seasonal
C`
C.
C`
C`
C`
C`
C.
C.
1lsnnelwm
1
Retail Services
Convenience Stores & Convenience Type
Business Establishments
P`
P`
P`
P`
C.
C'
C'
C`
1 per 150 sq. R
3
Grocery Store
C
P
P
C
C
C
C
1 par 200 sq, ft.
3
Flea Markets, Rummage, Second Hand Sales
& Activities
P
1 per 300 sq. ft.
3
Nursery, Retail
P
P
C
C
C
C
1 per 5a0 sq. M1
3
Retail sales, shops, stores, and service
establishments (entirely within an enclosed
building)
P
P
P
1 per 300 sq. ft.
3
_
Sexually - Oriented Business (ie, bookstore,
motion picture, nightclub)
C,
_
_
____
_
_
1 per 300 M1
sq'
4
Vehicle Sales, Leasing, and Service
Automobile Service Stations
P
P
P
C
C
C
C
C
5 per bay + 1 per employee
3
Vehicle Sales
C
P
1 per 2 employees (largest shilq
OR 1 per 500 sq. ft.
3
Outdoor display, storage, or sale of vehicles or
other equipment
C
..P
1 per 2 employees (largest shirt)
OR 1 per 500 sq. ft.
3
Repossession Storage Facility Re pot Lot
P`
C.
C.
1 par 200 sq. M1
4
_ .... -. e,._ m :i �S-A x r,
n x
-., i -
z .+. a �.' A »tYCy q.. l �f" J•: ..q, ?
t:#
Existing industrial uses applying for permits to
e and
C
C
C
C
An required by underlying use
4
Manufacturing
Manufacturin Fertilizer
C
1 per 2 employees (largest shift)
OR 1 500 a . ft.
4
Manufacturing, General
P
C
1 per 2 employees (largest shift)
OR i r 500 . ft.
4
Manufacturing, Light
P
P`
C
P.
P.
1 per 2 employees (largest shlft)
OR 1 per 500 sq. ft.
4
Warehousing and Freight Handling
Assembling, processing industries, wholesale,
warehouse, & transfer activftias
_
P
C C
_
1 per 2 employees (largest shit')
OR 1 per 500 sq. ft.
4
_
Storage, Recreational vehicle & travel trailer
_
P'
P`
_
P`
P.
see Olgce, if applicable
3
Storage, Sell mini- warehouse i
P•
P` j P`
C`
C`
C`
_— sea Office, if applicable
3
Wholesale Trade
Wholesale storage Of gasoline or bulk terminal
plants,
„
C
1 per 2 employees (largest shin)
OR 1 per 500 p. M1
4
Waste- Related
Junkyards (see 'Junk Motor Vehicles, Junk
Yards, & Abandoned Manufactured Homes"
Recycling Collection Centeq (unmanned i__
Recycling Collection Centers & Solid Waste
Container Sites manned) ' __
C
P.
P
�-
_ P.
P
P.
i
P`
1 per 2 employees (largest shift)
OR 1 per 500 sq. ft.
___ P. _P' P. P'_ 1 per unit
C 1 per 2 employees (largest shift)
�_ C C C OR 1 per 500 sq. R
4
1
4
I
DELETE the following from Article VI "Zoning Districts & Regulations" Section 11.0 "Use & Stntctrum
Regulations" Section 11.3 "Use Regulations"
Development: Condominium
Condominium developments built within the planning jurisdiction of Hamett 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 fifteen percent (15%) of the tract must beset aside for recreation. Of the
total set aside five percent (5 9/6) 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 Homeowners' Association.
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 one and a half (Ph) spaces per dwelling unit.
Each parking space shall be no less than nine feet by twenty feet (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 twenty (20) feet.
=
0
O
p
I
PARKING
I
Recycling Plant _
Solid Waste Disposal, Land application of
a1Ud e, or roleum- contaminated soil
Solid Wade Disposal, Land Clearing 8' Inert
Debris Landfill
P
C
C C
C C
_
C
.
C
I
C C
C C
t per 2 employees (largest shift)
OR t r 500 . R
C 1 per 2 employees (largest shift)
OR 1 per 500 sq. It
,
C t per 2 employees (largest ahOq
;
4
4
4
,General,
_ , ,.C."
Mining sctivfties (am 'Mining
C
C
C
C.�
C
C
t per 2 empbyeea(largest shift)
4
Regulations*)
OR t per 5a0 sit. ft.
ununES .
A .Lhvz
Private owned public utility structures &
P
P
P
C
C
C
C
t 2 If
3
facilities
per employees, applicable
Towers: Microwave, T.V., telephone, radio, &
C
C
C
C
C
C
C
C
4
cellular
+ r
�r'VIY�R fF4 E,d�Mrn�iF�+2
xN
1
', b.l
I..I�VG��t{[Nt f. �,x.� ,...,� {a�YS
d..
✓�4 InZ`i ry �i r",''n`��i
Residence Temporary P I
P
I P P 1 2 per dwelling and 1
it��'S1°.rv� i✓�� 'S... C f� a ... 14 'SS 3
Ei�ib'�.'zxk:
fyD .f 3�' 19q,y4Z .. r
�
AriJVBIMGVUSVBGVfW�fNr
eiu...?4.A�;' -. 1
'
}� {s�F,. ..wC. ,.�xC, 3�:h:.( ,xytP.CM�.kW^,�iL>S:yr;-
Ai orts 8 related uses
P
C
C
1 per 300 sq. ft.
4
Outdoor advertising signs (see 'Sign
P
Regulations")
I
DELETE the following from Article VI "Zoning Districts & Regulations" Section 11.0 "Use & Stntctrum
Regulations" Section 11.3 "Use Regulations"
Development: Condominium
Condominium developments built within the planning jurisdiction of Hamett 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 fifteen percent (15%) of the tract must beset aside for recreation. Of the
total set aside five percent (5 9/6) 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 Homeowners' Association.
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 one and a half (Ph) spaces per dwelling unit.
Each parking space shall be no less than nine feet by twenty feet (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 twenty (20) feet.
H. Separation between buildings within the development shall be .according to the North
Carolina Building Code, Volume I, General Construction.
I. 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.
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 Homeowners' 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 filed 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.
1. The Homeowners' 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 Homeowners' Association until sixty percent (60 9/6) of all units to be sold
are sold. After sixty percent (60 1/6) of all units are sold, the Homeowners'
Association shall levy assessments and assume its responsibilities.
4. The Homeowners' Association shall be responsible for liability insurance, taxes
and maintenance of all recreation facilities, grounds and common areas. Any
sums levied by the Homeowners' Association that remain unpaid shall become
a lien on the individual property.
5. The Homeowners' 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 fifteen (15 %) of the tract must be set aside for recreation. Of the total
set aside five percent (5 9/6) 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 Homeowners' Association.
E. All roads, whether private or public, shall be paved. Once ownership of the private
roads has been transferred to the Homeowners' 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 nine feet by twenty feet (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.
I. 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 ten (10) feet unless it's a comer lot
in which case the minimum side yard is twenty (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.
:Multi- Family & Apartments
A. Maximum of nine (9) apartments per acre developed.
B. Minimum of fifteen percent (15 9/6) of the area developed set aside for recreational use, at
least five percent (5 1/6) of which must be active recreation, such as 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
Hamett County Utilities Director.
---- --- - - -- -- - ----- - -- - - -- -- -- --- --------------- -------- ----------- -- - --- ---- --- - -- -- ------------ - - --- - ----- -------------- ---
ADD & REORGANIZE the following to Article VI "Zoning Districts & Regulations" Section 11.0 "Use
& Structure Regulations" Section 11.3 "Use Regulations"
Muld- Family Residential Development: General Regulations (Apartment Development,
Condominium Development, Duplex Development, Multifamily Development (other), and
Townhome Development)
A. Residential density shall not exceed nine (9) dwelling units per acre.
B. A minimum of fifteen percent (15 9/4) of the tract must be set aside for recreation. Of the
total set aside five percent (5 1/6) 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 Homeowners' Association, if applicable. In cases
where no Homeowners' Association is created, the developer shall be responsible for
continued maintenance of recreation areas.
1. Active recreation areas, such as golf courses, basketball courts, swings, etc., shall
be clearly defined. Any equipment used for active recreational areas shall be
permanently affixed to the ground.
2. All recreation areas must be equipped and maintained by the appropriate body.
C. A network of sidewalks and pedestrian trails, where applicable, shall be provided to
connect all parking areas, driveways, residential structures, and amenities. Approval of
such shall be based on connectivity.
1. Sidewalks shall be constructed along all roads, driveways, parking areas, and
residential structures. Said construction shall be in accordance with the
construction standards set forth in the Harnett County Subdivision Regulations.
2. Pedestrian trails may be provided in place of sidewalks between all separate
accessory structures and amenities, including open space and recreational areas.
Said pedestrian trails shall be a minimum of four (4) feet wide and three (3)
inches thick.
D. Developments larger than five (5) acres in size shall install street trees along both sides
of all newly created public or private road(s). Said improvements shall be in accordance
with the applicable requirements set forth in the Harnett County Subdivision
Regulations.
E. Recordation of the declaration, if applicable, and plan shall be completed by the
developer or his agent prior to issuance of the first Certificate of Occupancy (CO) on
the project following approval by the Development Review Board (DRB)or such
approval shall be null and void.
F. In any multifamily development in which lots and /or units are individually sold, a
Homeowners' Association (HOA) shall be required.
1. The required organizational documents and by -laws shall include, but are not
limited to, the following.
a) The Homeowners' Association shall be established before any lots are
sold.
b) Membership shall be mandatory for each buyer and any successive
buyer.
c) The developer shall be responsible for all maintenance and other
responsibilities of the Homeowners' Association until sixty percent
(60 9/6) of all units to be sold are sold. After sixty percent (60%) of all
units are sold, the Homeowners' Association shall levy assessments and
assume its responsibilities.
d) The Homeowners' Association shall be responsible for liability
insurance, taxes and maintenance of all recreation facilities, grounds and
common areas. Any sums levied by the Homeowners' Association that
remain unpaid shall become a Gen on the individual property.
e) The declaration shall contain a statement addressing road maintenance
and ownership, if applicable.
G. Roads, driveways, and parking areas shall meet the following requirements:
All driveways, roads, and parking areas whether private or public, shall be paved
and constructed to NCDOT standards. Once ownership of the private roads
has been transferred to the Homeowners' Association, if applicable, the
association shall assume maintenance of said roads.
2. When parking lots are located within the required front yard, the minimum
front setback for each unit or the development as a whole, whichever is
applicable, shall be increased by an additional 20 feet
H. Individual lots shall meet the following minimum dimensional requirements as
applicable. Minimum side yard requirements shall apply to perimeter boundaries only,
except in cases of a duplex development, where the minimum side yard on one (1) side
shall meet the requirements below.
Minimum Lot Width
20 ft
Minimum Front Yard
_ 35 ft
Minimum Front Yard (Parking within
Front Yard
55 ft
Minimum Rear Yard
25 ft
Minimum Side Yard
loft
Minimum Side Yard, Comer Lot
20 ft
Multi- Family Residential Development: Specific Regulations
Apartment Development
A. 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
Hamett County Utilities Director.
Condominium Development
A. A declaration establishing a condominium development must be prepared which
satisfies the requirements of the N.C. Unit Ownership Act (G.S. 47A). This declaration
shall be filed with the plans for the development. The plans and declaration shall be
submitted with the Conditional Use Permit application.
Duplex Development
A. The requirements set forth herein for Duplex (or Two - Family Dwelling) shall not be
applicable to the Duplex Development.
Multifamily Development (other)
A. 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.
u
Townhome Development
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 Homeowners' 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 filed with the Planning Department.
For townhome developments, the aforementioned documents shall become part of the
application for a conditional use permit.
B. All townhome units shall be subject to the conveyance of a Fee - simple lot.
ADD the following text to Article XVI "Definitions" (all items shall be added alphabetttally)
Duplex Development is a development consisting of more than one (1) Two-Family Dwelling (see definition)
created as a single project.
9