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04/17/89 Zoning Text Amendment Art IV, Art VI, Art VII, Art IX, ARt I, & ArtIII232 ORDINANCE AMENDING AN ORDINANCE ENTITLED ZONING ORDINANCE FOR HARNETT COUNTY, NORTH CAROLINA - ADOPTED JULY 18, 1988 WHEREAS, this Board adopted an Ordinance on July 18, 1988 entitled "Zoning Ordinance for Harnett County, North Carolina "; and WHEREAS, this Board is of the opinion that the amendments Bet forth below are necessary to the clear and efficient working of the Ordinance; and WHEREAS, as provided by Article XIII of the Ordinance, the said amendments have been submitted to the Harnett County Planning Board for review and recommendation, where they have been favorably reported; and WHEREAS, pursuant to N. C. Gen. Stat. 153A -323, after notice as by law provided, a public hearing has been held concerning adoption of the amendments; NOW, THEREFORE. BE IT ORDAINED: 1. That Article IV, Section 8.0 be revised to read as follows: Buffer stripe shall be required where any of the following uses abut land zoned residential: manufactured home parks, commercial planned developments, shopping centers, all commercial enterprises (except home occupations), and industrial districts. The buffer strip shall not be lase than ten (10) feet wide around the perimeter of the parcel.. It shall be planted with evergreen and /or deciduous trees not more than twenty (20) feet apart and adequately landscaped with grass and shrubbery in such a manner as to be harmonious with the landscaping of the adjacent properties and in keeping with the general character of the surrounding neighborhood. The Board of Adjustment may waive all or part of this requirement when deemed necessary. 2. That Article VI, Section 1.0 (1.2) be revised to read as follows: -. 1.2 Conditional Uwe, A. Junkyards and automobile wrecking yards and similar types of used material industries when they are conducted within a structure or on a lot enclosed by a solid fence or a natural buffer at least six (8) feet in height. No junkyard or scrap processor shall be established within five hundred (500) feet of any residentially zoned or developed area. The minimum front yard.shall be at least one hundred (100) feet from any street right -of -way provided that the Board of Adjustment finds that ouch wrecking yard will not have an injurious effect on the public interest or welfare J. That Article y1, ®ection 2.0 (2.2) be revised to read as follows: 2.2 Conditional Dees 233 A. Planned Unit Development B. Junkyards and automobile wrecking Verde and ' similar types of used material industries when they are conducted within a structure or on a let enclosed by a solid fence or a natural buffer at least six (6) feet in height. No ,junkyard or scrap processor shall be established within five hundred (500) feet of any residentially zoned or developed area. The minimum front yard shall be at least one hundred (100) feet from any atr6et right -of -way provided that the Board of Adjustment finds that such wrecking yard will not have an injurious effect on the public interest or welfare 4. That Article VI, Section 3.0 be revised to read as follows: Section 3.0 Conservation District The purpose of the conservation district Is to encourage the preservation of and continued use of the land for conservation purposes, to prohibit residential, commercial, and industrial use of the land in areas subject to flooding, and to prohibit any use of the land which would substantially interfere with the preservation of this district, and to encourage the discontinuance of existing uses that would not be permitted as uses in this district. Lots in established subdivisions will be exempt from the no building requirements of the conservation district, but must adhere to the use and setback requirements of the NA -30 Zoning District, and all provisions of this Zoning Ordinance applicable to said District. 6. That Article VI, Section 5.0 (5.2) be revised to read as follows: 5.2 Conditional Dees A. Grocery Stores and Business Establishments (Convenience Type) B. Automobile Service Stations C. Recreational Facilities ' D. Mining Activities (as regulated by Article XI) E. Restaurante F. Offices for Business, Professional, and Governmental Services G. Public Utility Facilities H. Planned Unit Developments I. Apartments and other multifamily structures with three or more unite which meet the following requirements: (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,.ewings 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 syetema must come from the State of North Carolina - The certification for public sewage disposal must come from the Harnett County Utilities Director. (As Amended 2 -6 -09) J. Junkyards and automobile wrecking yards and similar types of used material industries when they are conducted within a structure or on a lot - enclosed by a solid fence or a natural buffer at least six (S) feet in height. No junkyard or scrap processor shall be established within five hundred (500) feet of any residentially zoned or developed area. The minimum front yard shall be at least one hundred (100) feet from any street ;I right -of -way provided that the Board of Adjustment finds that such wrecking yard will net have an injurious effect on the public interest or welfare E. Manufactured Homes L. Trades and similar enterprises catering to households and business establishments M. Xennels, riding stables and other similar land uses N. Day care and Elderly Care Facilities 234' S. That Article VI, Section 7.0 (7.1) be revised to read as follows: The RA -20 -R Residential /Agricultural District Is established primarily to support high density development. Inclusive in such development is single family dwellings, multi- family dwellings, and duplexes. 7,1 Permitted Uses A. Single Family, Two Family Dwellings B. Customary Home Occupations C. Bona Fide Farms D. Churches, Chapels, Temples, Synagogues E. Rectories, Parsonages, Manses, Parish Houses F. Schools, Colleges, Hospitals, Parka, Club Facilities, Community Centers G. Manufactured Homes with pitched roofs, underpinning, and removal, landscaping, or underpinning of the moving apparatus - No manufactured homes shall be allowed in this district for rental purposes H. Family Care Facilities I. One temporary, one -year, non - renewable residence (not subject to the dimensional lot requirements) 7. That Article VII, Section 1.0 (1.2) be revised to read as follows: 1.2 Applic ,tion for Conditional Use Permit Application for Conditional Use Permits, signed by the applicant, shall be presented to the Zoning Administrator. Each application shall contain or be accompanied by ouch legal descriptions, maps, plans, and other information so as to completely describe the proposed use and existing conditions. The application shall be forwarded to the Harnett County Board of Adjustment for review at their next meeting. Applications for conditional use permits may be submitted twice within a 12 -month period for each specific use on an individual parcel of property. S. That Article IX, Section 11.0 be revised to read as follows: Outdoor advertising .signs shall be permitted in the Commercial /Business District, and the Industrial District. All outdoor advertising signs shall be subject to the following regulations: B. That Article XI, Section 1.0 be revised to read as follows: Extraction of mineral resources in a basic and essential industry which plays an important part in Harnett County economy. While mining of crushed stone is presently the most important mining activity in Harnett County, other mineral products can become important to the economy of the County. Mining is a peculiar land use in that the location of mineral deposits will, in part, be determined only after exploration and discovery in the future. Consequently, the precise location of zoning districts wherein mining may take place cannot always be predetermined. Mineral extraction involves several methoda -- quarrying, open -pit, drilling, tunneling, etc., each of which affect a neighborhood environment differently. Therefore, the Board of Commissioners concludes that extraction of mineral resources should be encouraged; that the fundamental purposes and procedures of zoning would be served beet by adoption of general regulations governing mining, which apply to all use- specific districts; that the Board of Adjustment should consider each location proposed to be mined to determine whether, and under what conditions or safeguards they should authorize mining by the issuance of Conditional Use Permits. 10. That Article XI, Section 2.0 (2.1) be revised to read as follows: 2.1 No mining shall be commenced in Harnett County's zoning jurisdictions until a conditional use permit has been approved by the Board of Adjustment. 11. That Article XI, Section 2.0 (2.2) be revised to read as follows: ' 2.2 Conditional use approval granted by the Board of Adjustment shall not become effective until a mining permit is issued by the North Carolina Department of Natural Resources and Community Development, Division of Land Resources, Land Quality Section, or successor agency. 12. That Article XI, Section 4.0 (4.1) be revised to read as follows: 4.1 Applicants for a conditional use permit shall submit to the Barnett County Planning Department two (2) copies of all documents required by the State of North Carolina for a Mining Permit Application, the Reclamation Plan, and any maps and charts accompanying these documents. These documents shall be reviewed by the Barnett County Board of Adjustment. 13. That Article XI, Section 4.0 (4.2) be revised to read as follows:. 4.2 The Board of Adjustment shall take action on the request for conditional use permits by first scheduling a public hearing within 60 days after the application is filed. -14. That Article XIII, Section 1.0 (1.1) be revised to read as follows: 1.1 Initiation f Amendments A. Proposed changes or amendments to the Official Zoning Map may be initiated by the County Board of Commissioners, Planning Board, Board of Adjustment, or by the owner(s), or his agent, of property within the area proposed to be changed. Applications by the owner or his agent for changes ' or amendments to the Official Zoning Map may be submitted no more than twice within a 12 -month period for each individual parcel of property. Duly adopted this 17th day of April, 1989 HARNETT COUNTY BOARD OF COMMISSIONERS 1 yd G. Stewart, Chairman AT�TES'T° Vanessa -J You ing, le to th Board 235