08/20/90 Zoning Text Amendment Art IV, Art VI, Art VII, Art VIII, Art XIII, & Art XIV324 ORDINANCE AMENDING AN ORDINANCE ENTITLED
ZONING ORDINANCE FOR HARNETT COUNTY. NORTH CAROLINA
ADOPTED JULY 18. 1988
WHEREAS, this Board adopted an Ordinance an July 18. 19Se e
entitled "Zoning Ordinance for Harnett County, North Carolina ";
and
WHEREAS, this Board is of the opinion that the amendments
set forth below are necessary to the clear and efficient working
of the Ordinance; and
WHEREAS, as provided by Article X111 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 2.0 (23 -F) be revised to read as
follows.
F. Notwithstanding paragraph D, any structure used for
single family residential purposes and maintained as a
non - conforming use or structure may be enlarged. or
replaced with a similar structure of a larger si.e, so
long as the enlargement or replacement complies with '
Section 2.0 (2.5) and does not create new non -
conformities with respect to yard sl -- and eItbacl.
requirements. In particular, a manufactured home may
be replacetl with a larger manufactured home, and a
"single- wide" manufactured home may be replaced with a
"dO -ble- wide ".
1. A residential structure that is non- conforming in
any respect and is partially or totally destroyed
may be reconstructed or replaced, subject to the
fallowing restrictions:
a. The replacement residential structure is
similar in construction and design to the
former structure. A single family residence
may only be replaced with another single
family residence and a manufactured home may
only be replaced with another manufactured
home.
b. A letter of intent is received by the Zoning
Administrator within sls (6) months of the
time of the destruction.
C. A letter granting approval for the
replacement or reconstruction of a damaged
residential structure with a similar
residential structure is obtained from the
Zoning Administrator within one year from the
time the damage or destruction took place.
d. Notwithstanding paragraph D, a larger, single
family residential structure may be
constructed in place of a smaller one and
larger manufactured home intended for
residential use may replace a smaller are. '
The reconstructed building may not be more
non- conforming with respect to dimensional
restrictions such as yard requirements.
height limitations or density requirements,
and such dimensional non - conformities must be
eliminated if that can reasonably be
accomplished without unduly burdening the
reconstruction process or limiting the right
to continue the non- conforming use of such
building.
respect or a structure that is used in a non - conforming
manner may be reconstructed or replaced if partially or
totally destroyed, subject to the following
restrictions:
a. A letter of intent is received by the Zoning
Administrator within six (6) months from the time
of such destruction.
b. A : zoning permit is obtained from the Zoning
Administrator within One (1) year from the - :.,e
tte '.amage or �estruct`.gn tool. plac?.
C. The total amount of space devoted to a non-
conforming use may not be Increased.
d. The reconstructed building may not be more non-
conforming with respect to dimensional
restrictions such as yard requirements, height
limitations or density requirements, and such
dimensional non - conformities must be eliminated if
that can reasonably be accomplished without unduly
burdening the reconstruction process or limiting
the right to continue the non - conforming use of
such building.
(2) That Article VI, 1.2 be revised to read as follows:
1.2 Conditional Uses (Amended 4- 17 -89)
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 (6) feet in height. No junkyard or
scrap processor shall be established within five
hundred (500) feet of any residentially 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 such wrecking yard will not have an injurious
effect on the public interest or welfare
B. Fertilizor manufacture
C. Mining activities (as regulated by Article XI)
D. Wholesale storage of gasoline or bulk terminal
plants, provided no above - ground storage tank
shall be closer than fifty (50) feet to any
property line, and that the uses are in conformity
with the federal. state, and local regulations
governing the storage of combustible fuels
E. Planned Unit Developments
F. Service stations and other auto - oriented business
establishments excluding auto wrecking yards and
junkyards
G. Uses designated as permitted uses in the
Commercial Zoning District (not including outdoor
advertising signs) (as amentletl 9 -6 -89)
H. Existing commercial uses .. _.
applying for permits to
expand (as amended 9 -6 -8999 )
.I. Noxious, malodorous, hazardous, explosive, and
other dangerous industrial operations
(3) That Article VII, 1.2 be revised to read as follows,
1.2 Application. for Conditional Use Permit (As Amended 4-
17 -89)
Application for Conditional Use Permits, signed by the
landowner, shall be presented to the Zoning
Administrator. Applications shall be made on official
Harnett County Conditional Use Application forms and an
incomplete or inaccurate application may be cause for
denial or revocation of the conditional use permit.
Each application shall contain or be accompanied by
such 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.
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326_ ... .11,11.;
(4) That Article VII, 2.0 be revised to read as follows:
Section 2.0 Public Hearin
The Chairman of the Board of Adjustment shall schedule '
a public hearing on the application for a conditional use
permit to be held within 60 days after the application is
filed. Public notice of the hearing shall be published in a
newspaper of general circulation in the County at least once
each week for two successive weeks prior to the public
hearing. The Zoning Administrator shall also post notice on
the property involved for a period of one week prior to the
hearing. Notices by first class mail shall also be sent to
all owners of property adjoining the property for which the
conditional use application has been submitted, The
applicant shall be responsible for providing the names and
addresses of all adjoining property owners while the Zoning
Administrator shall be responsible for mailing the notices
and certifying that the notices were sent.
(5) That Article V1I1, 1.0, be revised to read as follows:
Section 1 0 nff -St t P k' R t5
There shall be provided at the time of the erection of
any building, or at the time any principle building is
enlarged or increased in capacity by adding dwelling writ
-oom seats., or floor .area:. or before con, er :icy
from one type of use or occupancy to another, permanent off -
street parking space in the amount specified by this
section, - together with adequate driveway and maneuvering
space. Such parking space may be provided in a parking
garage or properly graded open space. All industrial,
commercial, and other business uses shall be required to
strictly adhere to the application and parking space
requirements of this ordinance. -
(6) That Article VIII, 1.4, be revised to read as follows:
1.4 Lighting
Access ways, walkways, and parking areas for '
industrial, commercial, and other business uses shall
be lighted adequately by lighting fixtures which shall
be so installed as to protect the street and
neighboring properties from direct glare or hazardous
interference of any kind.
(7) That Article VIII, 1.5, be revised to read as follows:
1.5 Safety Barriers
Curbs, walls, fences or similar devices for industrial,
commercial, and other business uses shall be located
along the perimeter of parking lots, garages, and
storage areas, except at entrances and exits indicated
on approved parking plans. Such barriers shall be so
designed and located as to prevent parked vehicles from
extending beyond property lines of parking lots and
garages and to protect public right -of -way and
adjoining properties from damaging effects of surface
drainage.
(B) That Article VIII, 1.8, be revised to read as follows:
i.e Parkino Surface Areas
All parking surface areas and access drives of
business, industrial, and wholesale uses shall be
surfaced with concrete, bituminous material, asphalt,
or a minimum of three inches of gravel and shall be
maintained in a dust free condition.
(9) That Article VIII, 1.9, be revised to read as follows:
1.9 Parking Are, S
Off- street parking areas for industrial, commercial,
and other business uses which provide parking for more
than ten (10) vehicles shall be effectively screened on
each side which adjoins any residential district by a
suitable fence or hedge at least five (5) feet high.
Such fence or hedge shall be maintained in good
condition.
327
1101 That Article XIII, 1.2, be revised to read as follows:
1.2 Application
A. An application must be filed in the Planning
Office for any proposed map change or text
amendment. Application must be made on official
Harnett County Zoning Change forms and an
incomplete or inaccurate application may be cause
for denial or revocation of the zoning change.
The application must -cite the area on the existing
map or the portion of the existing Ordinance for
which the change is requested.
B. This application shall be filed in the office of
the Zoning Administrator at least 25 days prior to
the Board of Commissioners meeting in which the
proposed amendment or map change will be
considered.
C. 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 Proposed amendment or map
change application. The set fee shall be posted
in the County Clerk's Office. The Planning Board,
Board of Adjustment, and Board of County
Commissioners shall be exempted from this fee.
(11) That Article XIII, 3.19 be revised to read as follows:
3.1 Notice of Public Hearina
No amendment or map change shall be adopted by the
County Board of Commissioners until and after public
notice and hearing. Notice of public hearing shall be
published in a newspaper of general circulation in the
county, at least once a week for two successive weeks
prior to the hearing, the first publication being not
less than 15 days nor more than 25 days before the date
' of the hearing. Notices shall also be made by posting
the property concerned and by sending notices by first
class mail to the applicant as well as the owners of
all properties adjacent to the property for which the
change is requested. The applicant shall be
responsible for providing the names and addresses of
all adjoining property owner=_ while the Zoning
Administrator shall be responsible for mailing the
notices and certifying that the notices were sent.
(12) That Article XIV, 4.0, be revised to read as follows:
Section 4.0-Application for Zoning and Building Permits
Applications shall be made an official Harnett County
forms and an incomplete application may be cause for denial
or revocation of the permit. All applications for zoning or
building permits shall be accompanied by plans in
triplicate, drawn to scale showing the actual dimensions and
shape of the lot to be built upon, the exact sizes and
locations an the lot of buildings already existing., if any,
and the location and dimensions of the proposed building or
alteration. A surveyed drawing or deed plat is required for
all lots ten (10) acres or less. The application shall
include such other information as may be required by the
Zoning Administrator including existing or proposed uses of
the building and land, the number of families or rental
units the building is designed to accommodate, conditions
existing on the lot, and such other matters as may be
necessary to determine conformity with, and provide for the
enforcement of this Ordinance.
One copy of the plans shall be kept by the Zoning
Administrator after he shall have marked such copy either as
approved or disapproved and issued a zoning permit. The
second copy of the plans, similarly marked, shall be
retained by the Environmental Health Section of the Health
Department. The third copy will be presented to the
Building Inspector prior to obtaining a building permit.
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(13) That Article XIV, 10.0, be revised to read as follows:
Section 10.0 Duties of Zoning Agministrator, Administrator, Board of
Adjustment. Courts and County Board of Commissioners as to
Matters of Aooeal
It is the intention of this Ordinance that (1) all
questions arising in connection with the enforcement of this
Ordinance shall be presented first to the Zoning
Administrator and that (2) such questions shall be presented
to the Board of Adjustment only on appeal from the Zoning
Administrator, and 13) that from the decision of the Board
of Adjustment, recourse shall be to the courts as provided
by law. Any interested party may seek: review of a decision
of the Board of Adjustment in Superior Court in the nature
of certiorari. Any appeal to the Superior Court shall be
taken within 30 days after the decision of the Board of
Adjustment.
it is further the intention of this Ordinance that the
Board of Commissioners in connection with the Ordinance
shall not include the hearing and passing of disputec
-._ -.ions that may arise in with the srfcresmc:--
t- ereDP or -endit onal use. The B,3rq of Cu mmi ss lonr r'g
duties shall include the hearing of amendments to the Zoning
Ordinance Text and the Zoning Ordinance Map and the question
of repeal of the Ordinance as provided by law.
Duly adapted this 20th day of August, 1990
RTTE T•
Vanessa W. Young,.
Clerk to the Boar
HARNETT COUNTY BOARD OF COMMISSIONERS '
l ll d G. Stewart, Chairman