11/06/95 Zoning Text Amendment'i
4BOOKryry K i /
ED ��jj�� 494
D 2fl.SL"
'96 FEB 5 PIS 1 23
GAYLE P. HOLDER
c E��g;ER OF DEEDS
H:RNETT COUNTY. NC
ZONING ORDINANCE 9
HARNETT COUNTY
AS Amended Through November 6, 1995
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TABLE OF CONTENTS
Article I Title, Purpose, Authority, and Effective Date of
the Zoning Ordinance ........... ..............................7
Article IV General Provisions ..... ..............................8
Section
1.0
Title .............. ..............................7
Section 1.0 Industrial District .............................22
Section
2.0
Purpose ............ ..............................7
Section 2.0 Commercial Business District ....................25
Section
3.0
Authority .......... ..............................7
Existing Nonconforming Situations ......................8
Section
4.0
Effective Date ..... ..............................7
9
Article II Jurisdiction ............ ..............................7
• Article III Exemption of Bona Fide Farms ..........................7
Article V Official Zoning Map ...... .............................21
Article IV General Provisions ..... ..............................8
21
Section 1.0 Application of the Zoning Ordinance ..............8
Section 1.0 Industrial District .............................22
New Uses or Construction . ..............................8
Section 2.0 Commercial Business District ....................25
Existing Conforming Situations .........................8
Existing Nonconforming Situations ......................8
Section 2.0 Continuation of Nonconforming Situations .........
9
.
Non- Conforming Single Lot of Record ....................9
Section 5.0 Residential /Agricultural District
Completion of Non - Conforming Projects ..................9
33
Extension or Enlargement of Non - Conforming
RA- 20M ........
37
Situations .......... ..............................9
Section 7.0 Residential /Agricultural District
- RA- 20- R .....
Change of Nonconforming Uses ..........................13
Article VII Conditional Uses .... ...............................
Abandonment and Discontinuance of Non - Conforming ......13
47
Section 3.0 Relationship of Building to Lots ................14
Permit .........
47
Section 4.0 Required Yards Not to be Used by Another
Initiation Of Conditional Use Permit ..................47
Building................. .............................15
Application for Conditional Use Permit ................47
Section 5.0 Reduction of Lot and Yard Areas Prohibited ......
15
Section 6.0 Public Access to Property .......................
15
47
Section 7.0 Projections into Public Right -of- Ways...........
15
Section 8.0 Buffers ............ .............................15
Section 3.0 Action by the Board of Adjustment
Section 9.0 Height Limitation Exceptions ....................
16
Section 10.0 Curb Cuts Giving Access to Public Right-of-
Ways..................... .............................16
Sect. 5.0 General Provisions in Granting Conditional Use
Section 11.0 Corner Visibility . .............................16
Permits................ ...............................
Section 12.0 Standards for Effluent and Emissions ...........
16
Compliance with Other Codes ...........................49
Section 13.0 Sedimentation Control ..........................16
Section 14.0 Nonresidential Manufactured Home Use and
49
Temporary Buildings ...... .............................17
Expiration............... .............................50
Section 15.0 Accessory Building .............................17
Section 16.0 Interpretation of District Boundaries ..........
17
Section 17.0 Conflict with Other Laws or Regulations ........
18
Section 18.0 Severability of Ordinance ......................
19
Section 19.0 Remedies .......... .............................19
Section 20.0 Penalties for Violating Any Provisions of
this Ordinance ........ .............................19
Section 21.0 Public Utility Structures and Facilities .......
19
Article V Official Zoning Map ...... .............................21
Article VI1I Parking and Off- Street Loading Requirements ....50
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Article VI Zoning Districts and Regulations ......................
21
Section 1.0 Industrial District .............................22
Section 2.0 Commercial Business District ....................25
Section 3.0 Conservation District ...........................28
Section 4.0 Residential /Agricultural District
- RA- 40 .......
29
Section 5.0 Residential /Agricultural District
- RA- 30 .......
33
Section 6.0 Residential /Agricultural District
RA- 20M ........
37
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Section 7.0 Residential /Agricultural District
- RA- 20- R .....
42
Article VII Conditional Uses .... ...............................
47
Section 1.0 Application for Conditional Use
Permit .........
47
Initiation Of Conditional Use Permit ..................47
Application for Conditional Use Permit ................47
Fee for Conditional Use Permit ........................
47
Section 2.0 Public Hearing ..... .............................48
Section 3.0 Action by the Board of Adjustment
...............
48
Section 4.0 Conditions and Guarantees .......................49
Sect. 5.0 General Provisions in Granting Conditional Use
Permits................ ...............................
49
Compliance with Other Codes ...........................49
Revocation............. ...............................
49
Expiration............... .............................50
Article VI1I Parking and Off- Street Loading Requirements ....50
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pr Section 1.0 Ott- Street Parking Requirements ................. 50
24 /j Certification of Minimum Parking Requirements .........50
Combination of Required Parking Spaces ................51
Remote Parking Spaces .... .............................51
Lighting................. .............................51
Safety Barriers .......... .............................51
Parking Areas Adjacent to Public Alleys ...............51
Improvements, Design, and Location Standards ..........52
Parking Surface Areas .... .............................52
Parking Area Screening ... .............................52
Minimum Parking Requirements ..........................52
Section 2.0 Off -Street Loading Requirements .................55
Article IX Sign Requirements ........ .............................56
Section 1.0 Certain Classes of Signs Permitted in all
Zoning Districts ......... .............................56
Official Government Signs .............................56
Identification Signs ..... .............................56
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Memorial Plaques ......... .............................56
Instructional Signs ...... .............................56
Flags or Emblems ......... .............................56
For Sale" or "For Rent\ ...............................
57
Church or Public Building Bulletin Boards and
Identification Signs .............................57
Signs Advertising Agricultural Products Produced on
the Premises ........ .............................57
Signs Identifying, by Name Only, Residential
Subdivisions, Planned Housing Developments, or
Manufactured Home Parks ..........................57
Signs Advertising Only the Name, Time, and Place of
any Bona Fide Fair, Carnival, Festival,
Bazaar, Horse Show, or Similar Event .............57
Temporary Signs .......... .............................57
Section 2.0 Maintenance ........ .............................58
Section 3.0 Illumination ....... .............................58
Section 4.0 Setback Requirement s ............................59
Section 5.0 Sign Dimension ..... .............................59
Section 6.0 Nonconforming Signs .............................59
Continuation ............. .............................59
Removal of Nonconforming Signs ........................60
Section '7.0 Prohibited Signs ... .............................60
Section 8.0 Administration ..... .............................61
Section 9.0 Filing Procedure ... .............................61
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Section 10.0 Business Signs .... .............................62
Section 11.0 Outdoor Advertising Signs ......................63
Maximum Display Area ... ...............................
63
Height Regulations ....... .............................63
Setback Requirements ..... .............................64
Lighting............... ...............................
64
Spacing.................. .............................64
Article X Planned Unit Development . .............................64
Section 2.0 Application Requirements ........................65
Section 3.0 Conformity to Plan . .............................65
Section 4.0 Internal Streets ... .............................66
Section 5.0 Zero Lot Lines ..... .............................66
Section 6.0 Planned Developments Not Exempt .................66
Section 7.0 Residential Planned Developments ................66
Section 8.0 Commercial and Industrial Planned
Developments ............. .............................66
Section 9.0 Dimensional Requirements ........................67
Section 10.0 Density ........... .............................67
Section 11.0 Density Bonus ..... .............................67
Section 12.0 Commercial, Office, and Professional
Facilities ............... .............................68
Section 3.3.0 Common Open Space . .............................69
Section 3.4.0 Site Planning.......... ........................
*71
Section 15.0 Homeowners (or Property Owners)
•
Associations ........... ...............................
72
Article XI Mining General Regulations ............................73
Section 1.0 Findings ........... .............................73
Section 2.0 Statement of Purpose ............................73
Section 31.0 Definitions ........ .............................74
Section 4:.0 Permit Application . .............................74
Section 5.0 Screening Standards .............................74
Section 6.0 Vibration Standards .............................75
Section 7.0 Non - Conforming Mining Operations ................76
Article XII Board of Adjustment .. ............................... 76
Section 1.0 Creating the Board of Adjustment ................76
Section 2.0 Powers and Duties ............................... 77
Administrative Review .. ............................... 77
Variance ............... ............................... 77
Conditional Use Permits: . .............................78
Section 3.0 Filing and Notice of an Appeal ..................78
Section 4.0 Fees for Variances or Appeals.. ................. 79
Article XIV Administration and Enf orcement ....................... 82
Section 1.0 Administration ..... .............................82
Section 2.0 Enf orcement ........ .............................82
Section 3.0 Zoning Permit for New, Altered, or Temporary
Uses..................... .............................82
Section 4.0 Application for Zoning and Building Permits..... 83
Section 5.0 Fees ............... .............................83
Section 6.0 Expiration of Zoning Permit .....................83
Section 7.0 Construction and Use to be as Stated on
ZoningPermit .......... ............................... 84
Section 8.0 Certificate of Occupancy ........................84
Section 9.0 Right of Appeal .... .............................84
Section 10.0 Duties of Zoning Administrator, Board of
Adjustment . .............. .............................84
Article XV Definitions .............. .............................85
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I
Article XIII Changes and Amendments . .............................79
Section 1.0 Action by
the Applicant .........................79
Initiation of Amendments . .............................79
Application ..............
Section 2.0 Action by
.............................so
the Planning Board ....................80
•
Section 3.0 Action by
the Board of County
Commissioners ..... 81
Notice of Public
Hearing . .............................81
Article XIV Administration and Enf orcement ....................... 82
Section 1.0 Administration ..... .............................82
Section 2.0 Enf orcement ........ .............................82
Section 3.0 Zoning Permit for New, Altered, or Temporary
Uses..................... .............................82
Section 4.0 Application for Zoning and Building Permits..... 83
Section 5.0 Fees ............... .............................83
Section 6.0 Expiration of Zoning Permit .....................83
Section 7.0 Construction and Use to be as Stated on
ZoningPermit .......... ............................... 84
Section 8.0 Certificate of Occupancy ........................84
Section 9.0 Right of Appeal .... .............................84
Section 10.0 Duties of Zoning Administrator, Board of
Adjustment . .............. .............................84
Article XV Definitions .............. .............................85
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ZONING ORDINANCE OF HARNETT COUNTY
2
NORTH CAROLINA
AN ORDINANCE ESTABLISHING ZONING REGULATIONS FOR THE COUNTY OF
HARNETT, NORTH CAROLINA, AND PROVIDING FOR THE ADMINISTRATION,
ENFORCEMENT, AND AMENDMENT THEREOF.
BE IT ORDAINED AND ENACTED by the Board of Commissioners of
the County of Harnett, North Carolina, as follows:
Article I Title, Purpose. Authority. and Effective Date of
the Zonina ordinance
Section 1.0 Tj. l
This Ordinance shall be known and may be cited as the Zoning
Ordinance of Harnett County, North Carolina.
Section 2.0 Purpose
The regulations as herein set forth have been made for the
purpose of promoting the health, safety, and general welfare of the
Harnett Count}, residents.
Section 3.0 Authority
The provisions of the Ordinance are adopted under authority,
granted by the General Assembly of the State of North Carolina,
particularly G.S. Chapter 153A, Article 18, Part 3.
Section 4.0 Effective Date
This Ordinance shall be effective from and after the date of
its adoption by the Harnett County Board of Commissioners.
Article II
The provisions of the Ordinance shall apply to the
unincorporated areas of Harnett County as specifically identified
and delineated on the zoning map identified as The Official Zoning
Map of Harnett: County, North Carolina. The Ordinance shall not be
applied to the extra - territorial jurisdiction of any municipality
in the county.
Article III Exemption of Bona Fide Farms
Bona fide farms in the zoning area are exempt from this
Ordinance. This Ordinance does not exercise any controls over crop
land, timber land, or other farm activities as long as such land
uses are in the same ownership as the farm and located on the farm.
Bona fide farm purposes include the production and activities
relating or incidental to the production of crops, fruits,
vegetables, ornamental and flowering plants, dairy, livestock,
poultry and all other forms of agricultural products having a
domestic or foreign market.
Bona fide farm purposes also include processing for personal
consumption or commercial sale or distribution of any and all
crops, fruits, vegetables, ornamental and flowering plants, dairy,
livestock, poultry, and all other forms of agricultural products,
so long as all such agricultural products are grown or produced on
lands which are owned solely by or leased exclusively to and are
harvested by the person processing such agricultural products. The
use of any bona fide farm property for any non -farm purposes shall
be subject to the regulations of this Ordinance.
Article IV General Provisions
Section 1.0 AMlication of the Zoning Ordinance
The regulations set forth in this Ordinance affect all land,
every building and every use of land and \or building, and shall
apply as follows:
1.1 New Uses or Construction
After the effective date of this Ordinance all new
construction or use of land shall conform to the use and
dimensional requirements for the district in which it is
to be located.
1.2 Existing Conforming Situations
After the effective date of this Ordinance, land or
structures, or the use of land or structures which then
conform to the regulations for the district in which it
is located may be continued, provided that any
structural alterations or change in use shall conform
with the regulations herein specified.
1.3 Existing Nonconforming Situations
After the date of adoption of this Ordinance or any
prior Zoning Ordinance of Harnett County, pre - existing
lots, structures or uses which would be prohibited under
the regulations for the district in which it is located
shall be considered as nonconforming. Nonconforming
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structures or uses may be continued, provided they
conform to the provisions in Section 2.
section 2,Q Continuation of Nonconforming Situations
The continuation of nonconforming situations shall be
regulated as follows:
2.1 Non - Conforming Single Lot of Record
A vacant lot of record established prior to the
effective date of this Ordinance which does not conform
to the minimum lot requirement of the district in which
it is located may be used as a building site for a use
permitted within that district provided:
All construction and the location of the building(s)
shall be in accordance with the applicable front, side
and rear yard requirements of the zoning district in
• which located. The existing or proposed water and
sewage disposal system is approved by the Harnett County
Health Department and all uses serviced by a private
septic tank system shall have a minimum lot area of not
less than fifteen thousand (15,000) square feet of
suitable or provisionally suitable soil, except in the
case of a Manufactured Home Park.
2.2 Completion of Non - Conforming Projects
The construction or erection of any non- conforming
project may be completed provided:
All construction is done pursuant to a validly issued
building permit.
C. Where a non - conforming situation exists the
equipment or processes may be changed if these or
similar changes amount only to changes in degree or
activity rather than changes in kind and no
violations of other paragraphs of this section
occur.
D. Physical alteration of structures or the placement
of new structures on open land are unlawful if they
result in:
1. An increase in the total amount of space
devoted to a non - conforming use: or
2. Greater non - conformity with respect to
dimensional restrictions such as yard
• requirements, height limitations, or density
requirements.
E. Minor repairs to and routine maintenance of
property where non- conforming situations exist are
permitted and encouraged.
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 size, so long as the enlargement or
replacement does not create new non- conformities or
increase the extent of existing non - conformities
with respect to yard size and setback requirements.
In particular, a manufactured home may be replaced
with a larger manufactured home, and a "single-
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2.3 Extension or Enlargement of Non - Conforming Situations
Except as specifically provided in this Section, it
shall be unlawful for any person to engage in any
activity that causes an increase in the extent of non-
conformity of a non - conforming situation.
A. A non - conforming use may be extended throughout any
portion of a completed building that, when the use
was made non - conforming by this Ordinance, was
manifestly designed or arranged to accommodate such
uses. However, a non - conforming use may not be
extended to additional buildings or to land outside
the original buildings.
•
B. A non - conforming use of open land may not be
extended to cover more land than was occupied by
that use when it became non - conforming, except that
a use that involves the removal of natural
materials from the lot (e.g., a quarry) may be
expanded to the boundaries of the lot where the use
was established at the time it became non-
conforming, if ten (10) percent or more of the
earth products had already been removed at the
active date of this Ordinance.
C. Where a non - conforming situation exists the
equipment or processes may be changed if these or
similar changes amount only to changes in degree or
activity rather than changes in kind and no
violations of other paragraphs of this section
occur.
D. Physical alteration of structures or the placement
of new structures on open land are unlawful if they
result in:
1. An increase in the total amount of space
devoted to a non - conforming use: or
2. Greater non - conformity with respect to
dimensional restrictions such as yard
• requirements, height limitations, or density
requirements.
E. Minor repairs to and routine maintenance of
property where non- conforming situations exist are
permitted and encouraged.
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 size, so long as the enlargement or
replacement does not create new non- conformities or
increase the extent of existing non - conformities
with respect to yard size and setback requirements.
In particular, a manufactured home may be replaced
with a larger manufactured home, and a "single-
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wide" manufactured home may be replaced with a
2 "double- wide ". This paragraph is subject to the
limitations stated in Section 2.0 (2.5) Abandonment
and Discontinuance of Non - Conforming Situations. A
structure that is non - conforming in any 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:
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 following 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 granting approval for the
replacement or reconstruction of a
damaged residential structure with a
similar residential structure is obtained
from the Zoning Administrator within
three hundred sixty five (365) days from
the time the damage or destruction took
place.
C. 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
one. 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. Any other structure that is non - conforming in
any 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 land use permit is obtained from the
Zoning Administrator within three hundred
sixty five (365) days from the time the
damage or destruction took place.
b. The total amount of space devoted to a
non - conforming use may not be increased.
C. 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.
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 be reasonably accomplished
without unduly burdening the
reconstruction process or limiting the
right to continue the non - conforming use
of such building.
2.4 change of Nonconforming Uses 2.9
Any non - conforming use may be changed to a
conforming use, or with the approval of the Zoning
Board of Adjustment, to any use more in character
with the uses permitted in the district. In
permitting such changes, the Zoning Board of
Adjustment may require appropriate conditions and
safeguards in accordance with the provisions of
this Ordinance.
2,5 Abandonment and Discontinuance of Non- Conforminq
Situations,
A. When a non - conforming use is discontinued for
a consecutive period of one hundred eighty
• (180) days, the property involved may
thereafter be used only for conforming
purposes.
For purposes of determining whether a right to
continue a non - conforming situation is lost
pursuant to this Section, all of the
buildings, activities and operations
maintained on a lot are generally to be
considered as a whole. For example, the
failure to rent one (1) space in a non-
conforming manufactured home park for one
hundred eighty (180) days shall not result in
the loss of the right to rent that space
thereafter so long as the manufactured home
park as a whole is continuously maintained and
has a valid privilege license. But if a non-
conforming use is maintained in conjunction
with a conforming use, discontinuance of a
non - conforming use for the required period
shall terminate the right to maintain it
thereafter. And so, if a manufactured home is
used as a non- conforming use on a residential
lot where a conforming residential structure
also is located, removal of that manufactured
• home for one hundred eighty (180) days
terminates the right to replace it.
B. When a structure or operation made non-
conforming by this Ordinance is vacant or
discontinued at the effective date of this
Ordinance, the one hundred eighty day period
for purposes of this Section, begins to run at
the effective date of this Ordinance.
Section 3.0 Relationship of Building to Lots
Every building hereafter erected, moved or structurally
altered shall be located on a lot. And in no case shall there
be more than one principal building and its customary
accessory buildings on a lot except in the following cases:
3.1 Multi - family dwellings in appropriate zoning districts.
3.2 One secondary residence when placed in such a way that
both the secondary and primary residence meet all of the
dimensional lot requirements of the applicable zoning
district.
3.3 One, temporary, residential building for a period of one
year, non - renewable, when an existing or proposed
• primary or secondary residence, located on the same lot,
is deemed uninhabitable due to renovation or
construction.
3.4 Condominiums, town homes, planned unit developments,
shopping centers and industrial developments.
Cprt'on 4.0 Required Yards Not to be Used by Another Building
The minimum yards or other open spaces required by this
Ordinance for each and every building hereafter erected, moved, or
structurally altered shall not be encroached upon by or considered
as meeting the yard or open space requirements of any other
building.
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Section 5.0 Reduction of Lot and Yard Areas Prohibited
No yard or lot existing at the time of passage of this
Ordinance shall be reduced in size or area below the minimum
requirements set forth herein. Yards or lots created after the
effective date of this Ordinance shall meet at least the minimum
requirements established by this Ordinance.
Section 6.0 Public Access to Property
No building, structure, or use of land other than for
agricultural purposes shall be established on a lot which does not
abut a street, road or other public way having a right -of -way
meeting standards of the North Carolina State Department of
Transportation or having access via a minimum thirty (30) feet
easement or private road meeting the standards of the Harnett
County Subdivision Ordinance.
Section 7.0 ] ?rojections into Public Right -of -Ways
No private signs nor other structures shall project beyond an
imaginary line drawn ten (10) feet from and parallel to the outer
edge of the public right -of -way.
Section 8.0 Buffers
Buffer strips 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 less than fifteen (15) 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.
Applications for permits for uses requiring buffers shall be
accompanied by a Site Plan, drawn to scale, showing at least (but
not limited to) the following; location of structures, delineation
of required parking spaces, drives and drive ways, location of
signs with elevation sketch, buffer areas, walkways, landscape
planting plan with maintenance and replacement schedule, and an •
erosion control permit application where required.
Section 9.0 Height Limitation Exceptions
The height limitations of this Ordinance shall not apply to
belfries, spires, monuments, chimneys, smokestacks, water towers,
flag poles, television and radio masts, aerials, and similar
structures.
Section 10.0 Curb Cuts Giving Access to Public Right -of -ways
Construction of curb cuts for purposes of ingress or egress to
property abutting a public right -of -way shall be approved by the
North Carolina Department of Transportation, where said curbs
affect access to State Highways. Provisions for all access work
done on highway right -of -way is subject to approval by the North
Carolina Department of Transportation.
Section 11.0 Corner Visibility
In all zoning districts there shall be no obstruction to
visibility on any corner lot two (2) feet above the level of the
center line of the street in a triangular area bounded by the
street right -of -way line on such corner lots and a base line
joining points along right -of -way lines twenty five (25) feet from
the intersection right -of -way corner.
Section 12.0 Standards for Effluent and Emissions •
All effluent and emissions into the air or surface or ground
waters from development permitted by this Ordinance must be in
conformity with applicable federal, state, or county health and
environmental quality regulations.
Section 13.0 Sedim n ation control
All land- disturbing activities shall meet the requirements of
the North Carolina General Statutes.
Section 14 .0 Non esidentiai manufactured Homo Use and TemnOrary 31
Buildings
Temporary buildings or manufactured homes used for
nonresidential purposes may be located in any zoning district, but
only if they are temporary uses such as construction field offices,
construction supplies and equipment storage or temporary offices.
Temporary land use permits and building permits for such uses shall
be obtained from the appropriate administrative officials and shall
be renewed every 180 days for a period not to exceed one year.
Manufactured homes shall not be converted to storage buildings
except as herein provided and only after certification by the
Building Inspector that all kitchen and bathroom fixtures have been
removed.
• Sec 'on 15,0 Accessory Building
No accessory building shall be erected in any required yard nor
within five (5) feet of any other building. Accessory buildings not
exceeding 600 sq. ft. may be permitted in the required side and
rear yards provided such accessory buildings are at least five (5)
feet from any property line and do not encroach into any required
easements. Accessory buildings not exceeding 50 square feet and
used exclusively to house well and pump equipment may be permitted
in the required front, side and rear yards, provided such accessory
buildings are at least five (5) feet from any property lines and do
not encroach into any required easements or sight angles. An
accessory building may be located on another contiguous or non-
contiguous lot from the principal use with which it is associated,
only to the extent that the principal use itself would also be
permitted on such lot.
Section 16.0 Interpretation of District Boundaries
When uncertainty exists with respect to the boundaries of any
district as shown on the Official Zoning Map, the following rules
shall apply:
16.1 Boundaries along street, highway, or alley center lines or
right -of -way lines shall be construed as following such lines.
16.2 Boundaries along railroad tracks shall be construed as being
midway between the main railroad tracks.
• 16.3 Boundaries along plotted property lines and town limit lines
shall be construed as following such lines.
16.4 Boundaries indicated as following shorelines shall be
construed to follow such shorelines and in event of change in
the shoreline, shall be construed as moving with the actual
shoreline.
16.5 In the absence of established features, or lines, or specified
distances on the zoning map, district boundary locations shall
be determined by scaling the distance on the map.
16.6 Where physical conditions existing on the ground are at
variance with those shown on the zoning map, or in other
circumstances not covered herein, the Board of Adjustment
shall interpret district boundary locations.
16.7 Where a district zoning boundary divides a lot, the Board of
Adjustment may, as a special exception, permit the extension
of either district into portions of the lot not to exceed 50
feet beyond the district boundary line.
Section 17.0 Confect with Other Laws or Regulations
It is not intended by this Ordinance to interfere with or
abrogate or annul any easements, covenants, or other agreements
• between parties, provided, however, that wherever the regulations
of this Ordinance require a greater width or size of yards or
courts, or require a lower height of buildings or less number of
stories, or require a greater percentage of the lot to be left
unoccupied, or impose other higher standards than are required in
any other statute or county ordinance or regulations, the provision
of the regulations made under authority of this Ordinance shall
govern. Wherever the provisions of any other statute or county
ordinance or regulations require a greater width or size of yards„
or courts, or require a lower height of buildings or a less number
of stories, or require a greater percentage of the lot to be left
unoccupied, or impose other higher standards than are required by
the regulations made under authority of this Ordinance, the
provisions of such statute or county ordinance or regulations shall
govern.
I
3 2 Section 15.0 Severability of Ordinance
If for any, reason one or more sections, sentences, clauses, or
parts of this Ordinance are held invalid by the courts, such
judgment shall not affect, impair or invalidate the remaining
provisions of this Ordinance. The Board of County Commissioners
hereby declares that it would have passed this Ordinance and each
section, sub - section, clause, or phrases, thereof, irrespective of
the fact that any one or more sections, sub - sections, sentences,
clauses, or phrases be declared invalid.
Section 19.0 Remedieg
In case any building or structure is erected, constructed,
reconstructed, altered, repaired, converted, or maintained, or any
building, structure or land is used in violation of this Ordinance,
the Zoning Administrator or any appropriate authority of the
county or any adjacent, nearby, or neighboring property owner who •
would be affected by such violation, in addition to other remedies,
may institute injunction, mandamus or other appropriate action in
proceeding to prevent the occupancy of such building, structure,
or land.
T
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 Zoning
Administrator to cease work, shall be guilty of a misdemeanor and
punishable by a fine not to exceed fifty ($50) 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 21.0 Public Utility Structures and Facilities
21.1 Structures and facilities that are installed by private owned
public utility systems, including, but not limited to,
electric, telephone, gas, and cable distributing companies,
for the purpose of supplying, extending, or enhancing service
may be a permitted use in all zoning districts, provided that .
any above ground structures or facilities do not create any
enclosed area which can be wholly or partially occupied by an
individual. for any appreciable period of time, other than for
the normal. and customary construction, repair, and maintenance
of such structure or facility. The above ground structure or
facility and any associated concrete slab shall be required to
meet the front, side, and rear yard setback requirements of
the respective zoning districts. Towers, where permitted,
shall meet: the requirements of the respective zoning
districts..
21.2 Public owned utility systems, including, but not limited to,
water linens, waste water lines, storm water facilities, water
treatment plants, waste water treatment plants, lift stations,
pumping stations, booster stations, water tanks, and
associated facilities, are permitted in all zoning districts,
provided that those structures above ground and requiring more
than one acre of area will be buffered as provided by Section
5.0 Buffe];g of this Ordinance.
Article V
The map herein referred to, which is identified by the title,
Official Zoning Map of Harnett County, North Carolina, shall be
known as the zoning map. The map shall bear the adoption date of
this Ordinance and the date of any subsequent map amendments. it •
shall be kept filed at the County Planning Office and shall bear
the adoption date of this Ordinance and the date of any subsequent
map amendments.
Article VIZoniliq Districts and Regulations
In order to implement the intent of this Ordinance, there are
hereby created seven classes of districts with the designations of
general purposes and regulations as stated below:
I- Industrial District
B- Business /Commercial District
C- Conservation District
RA -40 Residential /Agricultural District
RA -30 Residential /Agricultural District
RA -20M Residential /Agricultural District
RA -20R Residential /Agricultural District
The boundaries of these districts are hereby established as 33
shown on the "Official Zoning Map ".
Any use not specifically designated as either a permitted or
conditional use in a zoning district is prohibited. Uses not
listed may be included by following the amendment process described
elsewhere in this Ordinance.
Section 1.0 Industrial District
The purpose of this district is to promote and protect both
existing industrial activities and potential sites which are
considered suitable for industrial use, to prohibit uses of land
which would substantially interfere with the continuation of uses
permitted in the district, and to promote the operation of well -
planned and maintained industrial facilities.
.
1.1 Permitted
Uses
A.
Manufacturing (excluding fertilizer manufacturing)
B.
Assembling, processing industries, wholesale,
warehouse, and transfer activities
C.
Bona fide farms
D.
Private owned public utility structures and
facilities
E.
Outdoor display, storage, or sale of vehicle or
other equipment
F.
Airports and related uses
G.
Truck driving school
H.
Recycling collection centers and recycling plants
1.2 Conditional
Uses
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 and provided that the Board of
Adjustment finds that such wrecking yard will not
have an injurious effect on the public interest or
welfare. No junkyard or scrap processor shall be
established within five hundred (500) feet of any
residentially developed area. A minimum front
yard of at least one hundred (100) feet from any
street right -of -way shall be maintained.
•
B.
Fertilizer manufacturing
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, except residential
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)
H.
Existing commercial uses applying for permits to
expand
I.
Microwave towers, T.V. towers, telephone towers,
radio towers and cellular telephone towers,
provided that 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.
J.
Massage parlors*
R.
Adult motion picture theatres*
•
L.
Adult nightclub*
M.
Adult bookstores*
* Subject to Additional Requirements in Section 1.7
1.3 Dimensional Reauirements
The following regulations limiting the bulk and
arrangement of buildings shall govern all permitted uses
in this district.
Minimum Lot Area - 1 acre = 43,560 square feet including any
North Carolina Department of Transportation right -of -way
Minimum Lot Width - 150 feet as measured at the front property
line or right -of -way line except on the bulb of a cul -de -sac
as specified in the Subdivision Regulations of Harnett County.
I
r. �
3 T Minimum Required Front Yard - 50 feet measured from the front
property line or right -of -way line shall be devoted for
sidewalks, grass, plants, driveways - no off street parking
shall be allowed in the required front yard
Minimum Required Rear Yard - 25 feet measured from the rear
property line unless adjacent property is zoned residential
(50 feet)
Minimum Required Side Yard - 25 feet measured from the side
property lines, unless adjacent property is zoned residential
(50 feet)
Maximum Building Height - No maximum building height
1.4 Off -Street Parking and Loading (as required by Article
VIII)
1.5 Signs (as required by Article IX)
1.6 Buffers (as required by Article IV, Section 8.0)
1.7 Location Standards - 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 2.0 Commercial Business District
It is the purpose of the Commercial /Business District to
accommodate the widest variety of commercial, wholesale, and retail
businesses in areas that are best located and suited for such uses.
2.1 Permitted Uses
A. Retail shops and stores and service establishments whose
operation is conducted entirely within an enclosed
building
B. Offices for business, professional, and governmental
purposes
C. Special uses such as social halls, lodges, fraternal
organizations, clubs, and similar activities
D. Trades catering to households and business
establishments
B. Motels, hotels, boarding and rooming houses, and other
similar establishments
F. Religious uses including churches and other places of
worship, religious education buildings, and parish
houses
G. Service stations and other auto oriented business
establishments, excluding junkyards and auto wrecking
yards
H. Outdoor display, storage, or sale of vehicle or other
equipment
I. Bona Fide Farm
J. Private owned public utility structures and facilities
K. One, temporary, residential building for a period of one
year, non - renewable, when an existing or proposed
primary or secondary residence, located on the same lot,
is deemed uninhabitable due to renovation or
construction.
L. Restaurants
M. Recycling collection centers
2.2 Conditional Uses
A. Planned Unit Development, except residential and
Industrial
B. 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 and provided that the Board of Adjustment finds
that such wrecking yard will not have an injurious
effect on the public interest or welfare. No junkyard
or scrap processor shall be established within five
hundred (500) feet of any residentially developed area.
A minimum front yard of at least one hundred (100) feet
from any street right -of -way shall be maintained.
•
0
u
C. Mining activities (as regulated by Article XI)
35
D. Uses designated as permitted uses in the Industrial
Zoning District (not including outdoor advertising
signs)
B. Existing industrial uses applying for permits to expand
F. Massage parlors*
G. Adult motion picture theatres*
H. Adult nightclub*
I. Adult bookstores*
* Subject to Additional Requirements in Section 2.7
2.3 Dimensional Requirements
The following regulations limiting the bulk and arrangement of
. buildings shall govern all permitted and conditional uses in
the district except those permitted in Planned Unit
Developments. Regulations for Planned Unit Developments are
contained in Article X of this Ordinance.
Minimum Lot Area - 30,000 square feet including any North
Carolina Department of Transportation right -of -way
Minimum Lot Width - 100 feet as measured at the front property
line or right -of -way line except on the bulb of a cul -de -sac
as specified in the Subdivision Regulations of Harnett County.
Minimum Required Front Yard - 35 feet measured from the front
property line or right -of -way line
Minimum Required Rear Yard - 25 feet measured from the rear
property line
Minimum Required Side Yard - There shall be no required side
yard except where the lot abuts a lot zoned residential. In
such instance, the abutting side yard shall be at least 20
feet wide measured from the side property line.
Maximum Building Height - 35 feet
• Corner Lots - The yard on the side of the lot abutting the
side street shall not be less than 20 feet. Accessory
buildings on the side of the lot abutting the side street
shall not be closer to the lot line abutting that side street
than the distance specified for front yards of lots fronting
on such side street.
2.4 Off Street Parking and Loading (as required by Article VIII)
2.5 Signs (as required by Article IX)
2.6 Buffers (as required by Article IV, Section 8.0)
2.7 Location Standards - 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 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. 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 RA -30 Zoning District, and all provisions of
this Zoning Ordinance applicable to said District.
3.1
A. Bona Fide Farms
B. Nature and /or Wildlife Preserves
C. Forest Preserves
D. Passive Parks and Recreation Areas
3.2 Dimensional Requirements
Within the Conservation District, as shown on the zoning
map, there shall be no minimum lot areas, widths, or
yards required due to the exceptional physical
characteristics of this district.
I
3s
The following dimensional requirements for the
Conservation District shall apply:
A. Cape Fear River - five hundred (500) feet on each
bank measured from the waters edge at normal flow.
B. Black River - three hundred (300) feet on each side
of the main channel as measured at its center until
the river intersects with S.R. 1532; from that
point the district is two hundred (200) feet on
each side of the main channel as measured at its
center.
C. Other Major Creeks - two hundred (200) feet on each .
side of the main channel.
section 4.0 Residential/Agricultural
District - RA -40
Residential /Agricultural District is established
The RA -40
exclusively as
a single family residential and agricultural
district.
4.1 Permitted.
Use
A.
Single Family Dwellings
B.
Bona Fide Farms
C.
Churches, Chapels, Temples, Synagogues
D.
Rectories, Parsonages, Manses, Parish Houses
E.
Schools, Colleges, Hospitals, Parks, Club
Facilities, Community Centers
F.
Family Care Facilities
G.
Customary Home Occupations
H.
One, temporary, residential building for a period
of one year, non - renewable, when an existing or
proposed primary or secondary residence, located on
the same lot, is deemed uninhabitable due to
renovation or construction.
I.
Swimming Pools
a. swimming pools as permitted uses shall he
located only in side or rear yards at
residences and in recreation areas at
apartment complexes and manufactured home
parks.
•
b. Each swimming pool and any surrounding deck
area shall be completely enclosed by a solid
fence not less than five (5) feet in height.
C. all gates providing access to swimming pools
shall be lockable.
d. 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.
e. 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.
f. 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.
g. 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.
h. 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:
(1) waste water shall drain directly into the
street storm drainage system, other
public storm drainage system, or roadway
ditch or
37
t. e,..
(2) 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.
J. Recycling collection centers
4.3 Dimensional Requirements
The following regulations limiting the bulk and
arrangement of buildings shall govern all permitted and
conditional uses in the district except those permitted
in Planned Unit Developments. Regulations for Planned
• Unit Developments are contained in Article X of the
Ordinance.
Minimum Lot Area - 40,000 square feet, 35,000 square feet with
public water and /or sewer including any North Carolina
Department of Transportation right -of -way
Minimum Lot Width - 150 feet as measured at the front property
line or right -of -way line except on the bulb of a cul -de -sac
as specified in the Subdivision Regulations of Harnett County.
Minimum Required Front Yard - 35 feet (excluding steps) from
the property line or the right -of way line
Minimum Required Rear Yard - 25 feet (excluding steps)
measured from the rear property line
Minimum Required Side Yard - to feet measured from the side
property lines (see also requirements for corner
lots)
Maximum Building Height - 35 feet
Corner Lots - The yard on the side of the lot abutting the
side street shall not be less than 20 feet.
Accessory buildings on the side of the lot abutting the
side street shall not be closer to the lot line abutting
• that side street than the distance specified for front
yards of lots fronting on such side street.
4.4 Off- Street Parking and Loadi (as required by Article
VIII)
4.5 Sirs (as required by Article IX)
Section 5.0 Residential/Agricultural District - RA-30
The RA -30 Residential /Agricultural District is established as
primarily a single family residential district, but includes
occasional two - family and multi - family structures.
5.1 Permitted Uses
A. Single Family, Two Family Dwellings
B. Customary Home Occupations
C. Bona Fide Farms
I
4.2 Conditional
Uses
A.
Planned Unit Developments, residential only
B.
Grocery Stores and Business Establishments
(convenience type)
C.
Automobile Service Stations
D.
E.
Recreational Facilities
Restaurants
F.
Offices for Business, Professional, and
Governmental Services
G.
Trades catering to households and business
establishments
H.
Recreational vehicles and travel trailers (not
subject to lot size requirements)
I.
Microwave towers, T.V. towers, telephone towers,
radio towers and cellular telephone towers,
provided that 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.
J.
Privately owned Public Utility Structures and
Facilities
K.
Mining activities (as regulated by Article XI)
L.
Land application of sludge or petroleum
contaminated soil (as regulated by the State of
North Carolina)
4.3 Dimensional Requirements
The following regulations limiting the bulk and
arrangement of buildings shall govern all permitted and
conditional uses in the district except those permitted
in Planned Unit Developments. Regulations for Planned
• Unit Developments are contained in Article X of the
Ordinance.
Minimum Lot Area - 40,000 square feet, 35,000 square feet with
public water and /or sewer including any North Carolina
Department of Transportation right -of -way
Minimum Lot Width - 150 feet as measured at the front property
line or right -of -way line except on the bulb of a cul -de -sac
as specified in the Subdivision Regulations of Harnett County.
Minimum Required Front Yard - 35 feet (excluding steps) from
the property line or the right -of way line
Minimum Required Rear Yard - 25 feet (excluding steps)
measured from the rear property line
Minimum Required Side Yard - to feet measured from the side
property lines (see also requirements for corner
lots)
Maximum Building Height - 35 feet
Corner Lots - The yard on the side of the lot abutting the
side street shall not be less than 20 feet.
Accessory buildings on the side of the lot abutting the
side street shall not be closer to the lot line abutting
• that side street than the distance specified for front
yards of lots fronting on such side street.
4.4 Off- Street Parking and Loadi (as required by Article
VIII)
4.5 Sirs (as required by Article IX)
Section 5.0 Residential/Agricultural District - RA-30
The RA -30 Residential /Agricultural District is established as
primarily a single family residential district, but includes
occasional two - family and multi - family structures.
5.1 Permitted Uses
A. Single Family, Two Family Dwellings
B. Customary Home Occupations
C. Bona Fide Farms
I
r
3 y D. Churches, Chapels, Temples, Synagogues
E. Rectories, Parsonages, Manses, Parish Houses
F. Schools, Colleges, Hospitals, Parks, Club
Facilities, Community Centers
G. Family Care Facilities
H. One, temporary, residential building for a period
of one year, non - renewable, when an existing or
proposed primary or secondary residence, located on
the same lot, is deemed uninhabitable due to
renovation or constriction.
I. Recreational vehicles and travel trailers located
on property two months or less per year (not
subject to lot size requirements)
J. 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.
b. Each swimming pool and any surrounding deck
area shall be completely enclosed by a solid
fence not less than five (5) feet in height.
C. all gates providing access to swimming pools
shall be lockable.
d. 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.
e. 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.
f. 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.
g. 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.
h. 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:
(1) waste water shall drain directly into the
street storm drainage system, other
public storm drainage system, or roadway
ditch or
(2) 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.
K. Recycling collection centers
5.2
A. Grocery Stores and Business Establishments
(Convenience Type)
B. Automobile Service Stations
C. Recreational Facilities
D. Mining Activities (as regulated by Article XI)
E. Restaurants
F. Offices for Business, Professional, and
Governmental Services
G. Private owned public utility structures and
facilities
H. Planned Unit Developments, Residential Only (See
Note! Section)
I. Apartments and other multifamily structures with
three or more units which meet the following
requirements and, where applicable, the Harnett
County Watersupply Watershed Regulations:
•
•
•
39
(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 came from the State of
North Carolina. The certification for public
sewage disposal must come from the Harnett
County Utilities Director.
J. Trades and similar enterprises catering to
households and business establishments
K. Kennels, riding stables and other similar land uses
L. Day care and Elderly Care Facilities
M. Recreational vehicles and travel trailers located
on property longer than two months per year (not
subject to lot size requirements)
N. Existing commercial uses applying for permits to
expand
0. Existing industrial uses applying for permits to
expand
P. Microwave towers, T.V. towers, telephone towers,
radio towers and cellular telephone towers,
provided that 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
Q. Land application of sludge or petroleum
contaminated soil (as regulated by the State of
North Carolina)
R. Manufactured Homes
• *NOTE: All conditional uses subject to site plan requirements (See
Article IV, Section S).
5.3 Dimensional Rgauirements
The following regulations limiting the bulk and
arrangement of buildings shall govern all permitted and
conditional uses in the district except those permitted
in Planned Unit Developments. Regulations for Planned
Unit Developments are contained in Article X of this
Ordinance.
Minimum Lot Area - For each Dwelling Unit 30,000 square
feet, 25,000 square feet with public water and /or public
sewer, including any North Carolina Department of
5.5 Signs (as required by Article IX)
I
Transportation right -of -way
Minimum Lot Width - 100 feet as measured at the front
property line or right -of -way line except on the bulb of
a cul -de -sac as specified in the Subdivision Regulations
of Harnett County
Minimum Required Front Yard - 35 feet (excluding steps)
measured from the front property line or right -of way
line
Minimum Required Rear Yard - 25 feet (excluding steps)
measured from the rear property line
Minimum Required Side Yard - 10 feet measured from the
side property lines (see also requirements for corner
•
lots)
Maximum Building Height - 35 feet
Corner Lots - The yard on the side of the lot abutting
the side street shall not be less than 20 feet.
Accessory buildings on the side of the lot abutting the
side street shall not be closer to the lot line abutting
on that side street than the distance specified for
front yards of lots fronting on such side street.
5.4 Off-Street Parkincr rand Loading (as required by Article
VIII)
5.5 Signs (as required by Article IX)
I
Section 6 0 Residential
/Agricultural District RA-20M
40 The RA -20M Residential /Agricultural District is established
primarily to
support high density development. Inclusive in such ,
developments
are single family dwellings, multi - family dwellings,
duplexes, and manufactured home parks.
6.1. Permitted
Uses
A.
Single Family, Two Family Dwellings
B.
Customary Hone Occupations
C.
Bona Fide Farms
D.
Churches, Chapels, Temples, Synagogues
E.
Rectories, Parsonages, Manses, Parish Houses
F.
Schools, Colleges, Hospitals, Parks, Club
Facilities, Community Centers
G.
Manufactured Hones
H.
Manufactured Home Parks (See Section 6.7)
I.
Apartments and other multifamily structures with
three or more units which meet the following
requirements and, where applicable, the Harnett
County Watersupply Watershed Regulations:
(a) Maximum of nine apartments per acre developed
(b) Minimum of 15% of the area developed set aside
for recreational use, at least 5t 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.
J.
Family Care Facilities
K.
One, temporary, residential building for a period
of one year, non - renewable, when an existing or
proposed primary or secondary residence, located on
the same lot, is deemed uninhabitable due to
renovation or construction.
L.
Recreational vehicles and travel trailers located
on property less than two months per year (not
subject to lot size requirements)
M.
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.
b. Each swimming pool and any surrounding deck
area shall be completely enclosed by a solid
fence not less than five (5) feet in height.
C. all gates providing access to swimming pools
shall be lockable.
d. 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.
e. 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.
f. 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.
g. 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.
h. 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
41
6.3
The following regulations limiting the bulk and
arrangement of buildings shall govern all permitted and
conditional uses in the district except those permitted
in Planned Unit Developments. Regulations for Planned
Unit Developments are contained in Article X of the
Ordinance.
Minimum Lot Area - For each Dwelling Unit 20,000 square feet,
15,000 square feet with public water and /or sewer and
excluding any North Carolina Department of Transportation
right -of -way except where Harnett County Watersupply Watershed
Regulations apply.
Minimum Lot Width - 80 feet as measured at the front property
line or right -of -way line except on the bulb of a cul -de -sac
as specified in the Subdivision Regulations of Harnett County.
Minimum Required Front Yard - 35 feet (excluding steps)
measured from the front property line or right -of way line.
Minimum Required Rear Yard - 25 feet (excluding steps)
measured from the rear property line
Minimum Required Side Yard - 10 feet measured from the side
property lines (see also requirements for corner lots)
Maximum Building Height - 35 feet
Corner Lots - The yard on the side of the lot abutting the
side street shall not be less than 20 feet. Accessory
buildings on the side of the lot abutting the side street
shall not be closer to the lot line abutting on that side
street than the distance specified for front yards of lots
fronting on such side street.
I
show that the waste water shall be discharged
in one (1) of the following ways:
(1) waste water shall drain directly into the
street storm drainage system, other
public storm drainage system, or roadway
ditch or
(2) 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.
N.
Recycling collection centers
•
6.2 Conditional
Uses
A.
Automobile Service Stations
B.
Grocery Stores and Business Establishments
(Convenience Type)
C.
Recreational Facilities
D.
Restaurants
E.
Planned Unit Developments, Residential Only
F.
Offices for Business, Professional, and
Governmental Services
G.
Private owned public utility structures and
facilities
H.
Trades and similar enterprises catering to
households and business establishments
I.
Day care and Elderly Care Facilities
J.
Recreational vehicles and travel trailers located
on property longer than two months per year (not
subject to lot size requirements
K.
Existing commercial uses applying for permits to
expand
L.
Existing industrial uses applying for permits to
expand
M.
Microwave towers, T.V. towers, telephone towers,
radio towers and cellular telephone towers,
provided that 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.
N.
Mining activities (as regulated by Article XI)
0.
Land application of sludge or petroleum
contaminated soil (as regulated by the State of
North Carolina)
+' NOTE: All
conditional uses subject to site plan requirements
(see Article IV, Section 8).
6.3
The following regulations limiting the bulk and
arrangement of buildings shall govern all permitted and
conditional uses in the district except those permitted
in Planned Unit Developments. Regulations for Planned
Unit Developments are contained in Article X of the
Ordinance.
Minimum Lot Area - For each Dwelling Unit 20,000 square feet,
15,000 square feet with public water and /or sewer and
excluding any North Carolina Department of Transportation
right -of -way except where Harnett County Watersupply Watershed
Regulations apply.
Minimum Lot Width - 80 feet as measured at the front property
line or right -of -way line except on the bulb of a cul -de -sac
as specified in the Subdivision Regulations of Harnett County.
Minimum Required Front Yard - 35 feet (excluding steps)
measured from the front property line or right -of way line.
Minimum Required Rear Yard - 25 feet (excluding steps)
measured from the rear property line
Minimum Required Side Yard - 10 feet measured from the side
property lines (see also requirements for corner lots)
Maximum Building Height - 35 feet
Corner Lots - The yard on the side of the lot abutting the
side street shall not be less than 20 feet. Accessory
buildings on the side of the lot abutting the side street
shall not be closer to the lot line abutting on that side
street than the distance specified for front yards of lots
fronting on such side street.
I
2
A 6.4 Off- Street Parking and Loading (as required in Article
4} VIII)
6.5 5j,gna (as required in Article IX)
6.6 &offers (as required in Article IV, Section 8.0)
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.
Section 7.0 Residential /Agricultural District - RA -20 -R
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 h!rmitted 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, Parks, Club
Facilities, Community Centers
G.. Manufactured Homes with pitched roofs,
underpinning, and removal, landscaping, or
underpinning of the moving apparatus
H. Family Care Facilities
I. One, temporary, residential building for a period
of one year, non - renewable, when an existing or
proposed primary or secondary residence, located on
the same lot, is deemed uninhabitable due to
renovation or construction.
J. Recreational vehicles and travel trailers located
on property two months or less per year (not
subject to lot size requirements)
K. 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.
b. Each swimming pool and any surrounding deck
area shall be completely enclosed by a solid
fence not less than five (5) feet in height.
C. all gates providing access to swimming pools
shall be lockable.
d. 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.
e. 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.
f. 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.
g. 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.
h. 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:
(1) waste water shall drain directly into the
street storm drainage system, other
public storm drainage system, or roadway
ditch or
r1
0
:.
(2) waste water may be disposed of on the 43
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.
L.
Recycling collection centers
7.2 Conditional
Uses
A.
Automobile Service Stations
B.
Grocery Stores and Business Establishments
(Convenience Type)
C.
Recreational Facilities
D.
Restaurants
E.
Planned Unit Developments, Residential Only
F.
Offices for Business, Professional, and
Governmental Services
• G.
Private owned public utility structures and
facilities
H.
Trades and similar enterprises catering to
households and business establishments
I.
Day care and Elderly Care Facilities
J.
Manufactured Hanes which do not meet the criteria
specified in G above under permitted uses
K.
Apartments and other multi- family structures with
three or more units which meet the following
requirements and, where applicable, the Harnett
County Watersupply Watershed Regulations:
(a) Maximum of nine apartments per acre developed
(b) Minimum of 15% of the area developed set aside
for recreational use, at least 51; 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.
L.
Recreational vehicles and travel trailers located
on property longer than two months per year (not
subject to lot size requirements)
M.
Existing industrial uses applying for permits to
expand
N.
Existing Commercial uses applying for permits to
expand.
0.
Microwave towers, T.V. towers, telephone towers,
radio towers and cellular telephone towers,
provided that 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.
P.
Mining activities (as regulated by Article XI)
Q.
Land application of sludge or petroleum
contaminated soil (as regulated by the State of
North Carolina)
*NOTE: All conditional uses subject to site plan requirements (see
Article IV, Section 8)
7.3 Dimensional Re.9_uirements
The following regulations limiting the bulk and
• arrangement of buildings shall govern all permitted and
conditional uses in the district except those permitted
in Planned Unit Developments. Regulations for Planned
Unit Developments are contained in Article X of the
Ordinance.
Minimum Lot Area - For each Dwelling Unit 20,000 square
feet, 15,000 square feet with public water and /or public
sewer and excluding any North Carolina Department of
Transportation right -of -way except where Harnett County
Watersupply Watershed Regulations apply
Minimum Lot Width - 80 feet as measured at the front
property line or right -of -way line except on the bulb of
a cul -de -sac as specified in the Subdivision Regulations
of Harnett County
4 /f /9 4 Minimum Required Front Yard - 35 feet (excluding steps)
measured from the front property line or right -of way
line
Minimum Required Rear Yard - 25 feet (excluding steps)
measured from the rear property line
Minimum Required Side Yard - 10 feet measured from the
side property lines (see also requirements for corner
lots)
Maximum Building Height - 35 feet
Corner Lots - The yard on the side of the lot abutting
the side street shall not be less than 20 feet
Accessory buildings on the side of the lot abutting the
side street shall not be closer to the lot line abutting
on that side street than the distance specified for
front yards of lots fronting on such side street.
7.4 Off - Street Parking and Loading (as required in Article
VIII)
7.5 Siang (as required in Article IX)
7.6 Buffera (as required in Article IV, Section 8.0)
Article VII Conditional Uses
The development and execution of this Ordinance is based on
the division of the county into districts within which the use of
land and buildings and the bulk and location of buildings and
structures in relation to the land are substantially uniform. It
is recognized, however, that there are some land uses which are
basically in keeping with the intent and purposes of the district
where conditional, but which may have an impact on the area around
them which can only be determined by review of the specific
proposal. These uses may be established, under certain conditions
and with proper controls, in such a manner as to minimize any
adverse effects. In order to insure that these uses, in their
proposed locations would be compatible with surrounding development
and in keeping with the purposes of the district in which they are
located, their establishment shall not be as a matter of right, but
only after review and approval of a Conditional Use Permit as
hereinafter provided.
Section 1.0 Application for Conditional Use Permit
1.1 Initiation of Conditional Use Permit
Any person having freehold interest in land, or a
possessory interest entitled to exclusive possession, or
a contractual interest which may become a freehold
interest or an exclusive possessory interest, and which
is specifically enforceable, may file an application to
use such land for one or more of the conditional uses
provided for in this Ordinance in the zoning district
in which the land is located.
1.2 Application 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 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.
1.3 }gee fc)r Conditional Use Permit
The 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 conditional use permit. The set fee shall be
posted. in the County's Planning Department office.
Section 2.0 Public Hearing
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 Admiinistrator may also post notice on the property
involved for a period of one week prior to the hearing.
J
45
Section 3:0 Action by the Board of Adjustment
The Board of Adjustment shall approve, modify or deny the
application for Conditional Use Permit following the public
hearing. In granting a Conditional Use Permit, the Board of
Adjustment shall make written findings that the applicable
regulations of the district in which it is located are
fulfilled. With due regard to the nature and state of all adjacent
structures and uses, the district within which it is located, and
official plans for future development, the Board of Adjustment
shall also make written findings that the following provisions are
fulfilled.
• 3.1 The use requested is listed among the conditional uses
in the district for which application is made.
3.2 The requested use is essential or desirable to the
public convenience or welfare.
3.3 The requested use will not impair the integrity or
character of the surroundings or adjoining districts,
nor be detrimental to the public health, morals, or
welfare.
3.4 The requested use will be in conformity with the Land
Use Plan.
3.5 Adequate utilities, access roads, drainage, sanitation
and /or other necessary facilities have been made or are
being provided.
3.6 That adequate measures have been or will be taken to
provide ingress and egress so designed as to minimize
traffic congestion in the public streets.
3.7 That the conditional use shall, in all other respects,
conform to the applicable regulations of the district in
which it is located, except as such regulations may, in
each instance, be modified by the Board of Adjustment.
• Section 4.0 Conditions and Guarantees
Prior to the granting of any conditional use permit, the Board
of Adjustment may stipulate, such conditions and restrictions
upon the establishment, location, reconstruction, maintenance,
and operation of the conditional use as it deems necessary to
secure compliance with the standards and requirements
specified above. In all cases in which conditional use permits
are granted, the Board of Adjustment shall require such
evidence and guarantees as it may deem necessary as proof that
the provisions of this section have been met.
4.1 Such conditions may include a time limitation.
4.2 Conditions may be imposed which require that one or more
things be done before the use requested can be
initiated. For example, "that a solid board fence be
erected around the site to a height of six (6) feet
before the use requested is initiated ".
4.3 Conditions of a continuing nature may be imposed. For
example, "exterior loud speakers shall not be used
between the hours of 10:00 p.m. and 8:00 a.m.
Sect 5.0 GenerAl.RKOVisions iU Granting Conditional Use Permits
5.1 Compliance with Other Codes
Granting of a Conditional Use Permit does not exempt the
applicant from complying with all of the requirements of
building codes and other ordinances.
5.2 Revocation
In any case where the conditions of a Conditional Use
Permit have not been or are not being complied with, the
Zoning Administrator shall give the permittee notice of
intention to revoke such permit at least ten days prior
to a Board of Adjustment review thereof. After
conclusion of the review, the Board of Adjustment may
revoke such permit.
F'_
46 5.3 &W- iati
In any case where a Conditional Use Permit has not been
exercised within the time limit set by the Board of
Adjustment, or within one year if no specific time limit
has been set, then without further action, the permit
shall be null and void. "Exercised" as set forth in
this section shall mean that binding contracts for the
construction of the main building have been let; or in
the absence of contracts that the main building is under
construction to a substantial degree; or that
prerequisite conditions involving substantial investment
are contracted for, in substantial development, or
completed (sewage drainage, etc.).
When construction is not a part of the use, "exercised"
shall mean that the use is in operation in compliance
with the condition set forth in the permit.
Article VIII
Section 1.0 Off - Street Parking R%Mirements
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 units, guests rooms,
seats, or floor area; or before conversion 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.
1.1 Certification of Minimum Parkin Requirements
Each application for a land use permit to the Zoning
Administrator as provided for in this Ordinance shall
include information as to the location and dimensions of
off - street parking and loading space and the means
of ingress and egress to such space. This information
shall be of sufficient detail to enable the Zoning
Administrator to determine whether or not the
requirements of this section are met.
1.2 Combination of Required Parking Spaces
The required parking space for any number of separate
uses may be combined in one lot, but the required space
assigned to one use may not be assigned to another use,
except that one -half of the parking space required for
churches, theaters, or assembly halls whose peak
attendance will be at night or on Saturdays and Sundays
may be assigned to a use which will be closed at night
and an Sundays.
1.3 Remote Parking Spaces
If the off - street parking space required by this
Ordinance cannot be reasonably provided on the same lot
on which the principal use is located, such space may be
provided on any land within 400 feet of the main
entrance to such principal use, provided such land is in
the same ownership as the principal use.
1.4 light :! g
Access ways, walkways, and parking areas 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.
1.5 Safet,l Barriers
Curbs, walls, fences or similar devices 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.
1.6 P r 'ig Areas
Where off -stro
to a public
counted as a
access area,
required.
Adiacent to Public Alleys
aet parking facilities are located adjacent
alley, the width of such alley may be
portion of the required maneuvering and
but not as part of the parking spaces
1.7 Improvements Design, Ud Location Standards '
All off -street parking, including exits, entrances, and
maneuvering and parking areas shall:
A. Have access to a dedicated street or alley
B. Have access drives or lanes which are at least ten
(10) feet wide for single lane movement and twenty
(20) feet wide for double lane movement
C. Be graded
D. Be permanently maintained by the owners
1.8 Parking 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
six inches of gravel and shall be maintained in a dust
free condition.
1.9 Parking Area Screenina
Off- street parking areas 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.
1.10 Minimum Parking Requirements
Minimum length of space - 20 feet
Minimum width of space - 9 feet
The following off - street parking spaces shall be
required:
A. Residential and Related Uses
(1) Residence, single family, two family - each
dwelling unit 2 spaces
(2) Residence, multi- family - each dwelling unit -
one and one -half spaces
(3) Home occupation in the operators residence 2
parking spaces in addition to residence
requirements
(4) Rooming or boarding house - 1 parking space
. for each two rooms to be rented, plus 1
parking space for the owner or manager if
living on the premises
(10) Public or private clubs and community centers
- 1 parking space for each 200 square feet of
gross floor space
(11) Public utility buildings - 1 parking space for
each employee
(12) Libraries - 1 space for each 4 seats provided
for patron use
(13) Golf course - each hole - 4 spaces
I
B. Public
and Semi - Public Uses
(1)
Hospitals - 1 space for each 2 beds intended
for patient use, exclusive of bassinets, and 1
space for each employee on the largest shift
(2)
Nursing homes - each 5 patient beds - 1 space
(3)
Clinic - 4 spaces for each doctor practicing
at the clinic, plus 1 space for each employee
(4)
.Churches - each 4 seats in sanctuary - 1 space
(5)
Elementary schools and middle schools - 1
parking space for each classroom and
administrative office and 1 space for each
employee and 1 space for each bus assigned to
that school
(6)
High Schools - 1 parking space for each twenty
(20) students for which the building was
designed, plus one (1) parking space for each
classroom and administration office
(7)
Junior colleges, colleges and universities - 1
parking space for every 2 students, based upon
the maximum number of students attending
classes on the premises at any one time during
any period
•
(8)
Kindergarten and day nurseries 1 parking
space for each 10 children that attend, plus 1
space for each employee
(9)
Stadiums - 1 parking space for each 4 seats in
the stadium
(10) Public or private clubs and community centers
- 1 parking space for each 200 square feet of
gross floor space
(11) Public utility buildings - 1 parking space for
each employee
(12) Libraries - 1 space for each 4 seats provided
for patron use
(13) Golf course - each hole - 4 spaces
I
48
C. Blud.ness Uses
(1) Tourist homes, motels, or motor courts -1
parking space for each room to be rented, plus
1 additional parking space for each 3
employees
(2) Hotels - 1 parking space for each room to be
rented, plus an additional parking space for
each 3 employees, plus such additional parking
spaces as may be required for commercial or
business uses located in the same building
(3) General or professional offices - 1 parking
space for each 200 square feet of gross floor
space, plus 1 space for each 2 employees
(4) Service stations - 5 parking spaces for each
grease rack and 5 parking spaces for each wash
rack
(5) Bowling alleys - 2 parking spaces for each
alley, plus 1 space for each 300 square feet
of gross floor space for affiliated uses such
as restaurants, bars, and the like
(6) Restaurants - 1 space for each 4 seats, plus 1
space for each 2 employees
(7) Shopping centers - parking spaces for
individual uses therein may be provided
collectively. Such parking space shall be
provided, on the basis of 6 spaces for each
1,000 square feet of grass floor space in the
center.
(8) Drive -in restaurant - 1 space for each 4
seats, plus a minimum of 15 spaces in service,
plus 1 space for each 2 employees
(9) Theaters - 1 parking space for each 4 seats
(10) Funeral his - 1 space for each 4 seats in
the largest assembly room
(11) Retail uses not otherwise indicated - 1
parking space for each 200 square feet of
gross floor space
D. =11 'al and Wholesale Uses
Industrial and wholesale uses - one parking space
for each employee on the largest shift
E. =, -r Uses
The number of parking spaces to be required in
special situations in which none of the above
conditions are applicable shall be determined by
the Board of Adjustment.
Section 2.0 Off- Street Loading Recrxirements
2.1 All uses and establishments commenced hereafter shall
provide off- street loading space sufficient to allow all
loading and unloading of vehicles to take place entirely
within the property lines of the premises.
2.2 Loading berths shall have the following minimum
dimensions: width - 12 feet; length - 55 feet; and
height clearance - 15 feet.
2.3 Such berths shall be designed, along with the means of
egress and ingress to such berths, so as not to
interfere with the free, normal movement of vehicles and
pedestrians on public right -of -way.
2.4 The minimum number of off - street loading berths to be
provided by individual establishments shall be according
to the following schedule:
A. Re -Util and Service Establishment - One berth for
every 20,000 square feet of gross floor area; or
portion thereof, however, two or more adjoining
establishments with a total gross floor area of
less than specified herein shall be considered as
one establishment provision.
B. Office Buildings Hotels and Other in < ional
game_ One berth for every 50,000 square feet of
gross floor area or portion thereof.
C. Indtiistrial and Wholesale s l shm r - One berth
for every 10,000 square feet of gross floor area,
or portion thereof, up to 30,000 square feet; one
space for every 30,000 square feet of gross floor
area, or portion thereof in excess of the first
30,000 square feet of gross floor area.
•
•
•
M
2.5 The off - street loading space provided as required by
this section shall be permanent space and shall not be
used for any other purpose.
2.6 A loading space requirement may be waived by the Board
Of Adjustment on application due to a limited need for
loading space based on the nature of the building.
regulatory devices and legal notices
1.2 Identification Signs - Not to exceed one (1) square foot
in display area bearing only addresses or names of
occupants of the premises and located on privately owned
property
1.3 Memorial Plagues - Such as cornerstones, historical
tablets, and similar devices
1.4 Instructional Signs - Erected on private property, not
to exceed six (6) square feet in display area, erected
strictly for the direction, safety or convenience of the
public, including signs which identify rest rooms,
parking area entrances or exits, freight entrances and
similar devices, warning danger and no trespassing signs
• 1.5 Flags or Emblems - Political, civic, philanthropic,
educational or religious organizations erected on
private property, provided that such flags or emblems
shall not exceed sixteen (16) square feet in size
1.6 "For Sale" or "For Rent" - Signs pertaining to realty on
the premises offered for sale or rent, not exceeding
four square feet in area and not illuminated - such a
sign may be placed not closer to a front property line
than ten (10) feet. There shall be a limit of one such
sign for each street abutting the lot.
1.7 Church or Public Building Bulletin Boards and
Identification Signs - Lighted or unlighted shall not
exceed sixteen (16) square feet in area. There shall be
a limit of one such sign for each street abutting the
lot.
1.8 S'3ns Advertising Agricultural Products Produced on the
Premises - Not to exceed sixteen (16) square feet in
area. There shall be a limit of one such sign for each
street abutting the lot.
1.9 Si
Manufactured Home Parks - These shall not exceed sixteen
• (16) square feet in area. There shall be a limit of one
double -faced sign or two single faced signs for each
road or driveway entrance to the development named on
the sign.
1.10 Sans Advertising Only the Name Time. and J21ace of an
Bona Fide Fair Carnival Festival, Bazaar Horse Show.
or Similar Event - When conducted by a public agency or
for the benefit of any civic, fraternal, religious or
charitable cause; provided that no such sign shall be
displayed in any residential district, except on the
immediate site of the event to which it pertains; and
provided further, that all such signs shall be removed
within ten (10) days after the last day of the event to
which they pertain.
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Article IXSign ReMairements
No type of exterior sign may be erected, posted,
re- posted,
placed, replaced, hung, re-hung, painted or repainted
in any
district except in compliance with this Ordinance.
Such signs
shall not require a sign permit as long as they conform
to the
•
requirements stated below.
1 0 Certain Classes of Signs Permitted in
all
Zoning
Section
Districts
The following signs shall be permitted in
all
zoning
districts. Such signs shall not require a sign permit
as
long as
they conform to the requirements stated below.
1.1 Official Government Signs - Such as traffic
or
similar
regulatory devices and legal notices
1.2 Identification Signs - Not to exceed one (1) square foot
in display area bearing only addresses or names of
occupants of the premises and located on privately owned
property
1.3 Memorial Plagues - Such as cornerstones, historical
tablets, and similar devices
1.4 Instructional Signs - Erected on private property, not
to exceed six (6) square feet in display area, erected
strictly for the direction, safety or convenience of the
public, including signs which identify rest rooms,
parking area entrances or exits, freight entrances and
similar devices, warning danger and no trespassing signs
• 1.5 Flags or Emblems - Political, civic, philanthropic,
educational or religious organizations erected on
private property, provided that such flags or emblems
shall not exceed sixteen (16) square feet in size
1.6 "For Sale" or "For Rent" - Signs pertaining to realty on
the premises offered for sale or rent, not exceeding
four square feet in area and not illuminated - such a
sign may be placed not closer to a front property line
than ten (10) feet. There shall be a limit of one such
sign for each street abutting the lot.
1.7 Church or Public Building Bulletin Boards and
Identification Signs - Lighted or unlighted shall not
exceed sixteen (16) square feet in area. There shall be
a limit of one such sign for each street abutting the
lot.
1.8 S'3ns Advertising Agricultural Products Produced on the
Premises - Not to exceed sixteen (16) square feet in
area. There shall be a limit of one such sign for each
street abutting the lot.
1.9 Si
Manufactured Home Parks - These shall not exceed sixteen
• (16) square feet in area. There shall be a limit of one
double -faced sign or two single faced signs for each
road or driveway entrance to the development named on
the sign.
1.10 Sans Advertising Only the Name Time. and J21ace of an
Bona Fide Fair Carnival Festival, Bazaar Horse Show.
or Similar Event - When conducted by a public agency or
for the benefit of any civic, fraternal, religious or
charitable cause; provided that no such sign shall be
displayed in any residential district, except on the
immediate site of the event to which it pertains; and
provided further, that all such signs shall be removed
within ten (10) days after the last day of the event to
which they pertain.
J
I-
1.11 Temporary Signs - Those giving information pertaining to
5 O
construction taking place on the lot upon which the sign
is located - such signs will be removed prior to
issuance of a certificate of occupancy. Temporary signs
may be allowed provided said signs are not erected more
than 21 calendar days per year and not larger than
sixteen (16) square feet. Temporary signs shall not be
illuminated. Said signs shall not be closer to each
other on the same property than 400 feet.
Section 2.0 Maintenance
Whenever a sign becomes structurally unsafe or endangers the
safety of a building or the public, the Zoning Administrator shall
order that such a sign be made safe or removed. A period of ten
(10) days following receipt of said order by the person, firm, or
corporation owning or using the sign shall be allowed for
compliance.
Section 3.0 Illumination
Where Illuminated signs are permitted, they shall conform to
the following requirements:
3.1 All signs illuminated under the provisions of this
section shall be constructed to meet the requirements of
the National Electric Code.
3.2 Signs which contain, include, or are lighted by any
flashing, intermittent or moving lights are prohibited,
except those giving public information such as time,
temperature and date.
3.3 Illtmiinated signs shall be limited to those lighted
internally with glass or plastic faces bearing the
advertisement; provided, however, that exposed neon
tubing and exposed incandescent or other bulbs not
exceeding fifteen (15) watts each shall be permitted.
3.4 Display lighting shall be shielded so as to prevent
direct rays of light from being cast into a residential
area or district and /or vehicles approaching on a public
right -of -way from any direction.
3.5 Flame as a source of light is prohibited.
Section 4.0 Setback ReauiXgmants
Signs shall be set back at least ten (10) feet from any public
right -of -way line or property line and shall be set back at least
fifty (50) feet from any road intersection, except those erected
for orderly traffic control and other municipal and governmental
purposes, or directional signs of less than six (6)square feet and
referring only to organizations which are nonprofit in character.
Section 5 0 Sign Dimension
For the purpose of this Ordinance, the square feet area shall
be measured to include the entire sign, including lattice work,
fencing, or wall work incidental to its decoration. When a sign
consists of letters placed directly on a wall, building surface,
awning or marquee, or against open air (as when raised above a
marquee), there being no background to the letters save the wall or
surface itself, the area of the sign shall be that of the smallest
parallelogram within which all the lettering can be included.
Section 6.0 No�lconforming Signs
6.1 Continuation - All nonconforming signs existing on the
effective date of this Ordinance may remain in place
subject to the following requirements:
A. No nonconforming sign shall have any changes made
in the words or symbols used or the message
displayed on the sign unless the sign is
specifically designed for periodic change of
message. (Billboards) However, this Ordinance
shall not prohibit the normal maintenance of signs
to keep them neat.
B. No nonconforming sign shall be structurally altered
so as to change the shape, size, type, or design of
the sign, nor shall any nonconforming sign be
relocated.
C. No nonconforming sign shall be allowed to remain
after the activity, business or use to which it was
related has been discontinued.
D. If a nonconforming sign is damaged in such a manner
that the estimated expense of repairs exceeds sixty
percent (60 &) of its replacement value, the sign
shall not be allowed to remain or be repaired and
must be removed.
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•
51
6.2 Removal of Nonconforming Signs
Upon failure to comply with any of the above
requirements, the Zoning Administrator shall cause the
removal of any nonconforming signs as hereafter
provided.
A. The Zoning Administrator or his designated agent
shall give the owner of the nonconforming sign
notice of the violation by first class mail.
Notice to the owner or the occupant of the premises
on which the sign is located shall be sufficient.
These notices shall contain a brief statement of
the particulars in which this Article is violated
and the manner in which such violation is to be
• remedied.
B. Failure to correct such violation within thirty
(30) days shall constitute a misdemeanor punishable
by a fine of not more than fifty dollars ($50), or
by imprisonment for not more than thirty (30) days.
Each day's continuing violation shall be a separate
and distinct offense.
C. In addition to or instead of the above penalties,
the County may apply to a court of justice for a
mandatory or prohibitory injunction and order of
abatement directing the owner, occupant or
permittee to correct the violation in accordance
with G.S. 153A -123.
Section 7.0 Prohibited Signs
7.1 Any sign that obscures a sign displayed by public
authority for the purposes of giving traffic instruction
or direction or other public information.
7.2 Any sign that uses the word "stop" or "danger" or
otherwise presents or implies the need or requirement of
stopping or caution or the existence of danger, or which
is a copy or imitation of or which for any reason is
likely to be confused with any sign displayed by a
public authority.
• 7.3 Any sign that obstructs any window, door, fire escape,
stairway, ladder, or opening intended to provide light,
air, ingress, or egress for any building, as required by
law.
7.4 Any portable sign, including any sign displayed on a
vehicle when used primarily for the purpose of such
display; except, that this paragraph shall not apply to
temporary political signs.
7.5 Any sign that violates any provision of any law of the
state relative to outdoor advertising.
Section 8.0 Administration
The Zoning Administrator shall issue a permit for the erection
or construction of outdoor advertising or business sign which meets
the requirements of this Ordinance.
Section 9.0 Filing Procedure
Applications for permits to erect, hang, place, paint, or
alter the structure of an outdoor advertising or business sign
shall be submitted on forms obtainable from the Zoning
Administrator. Each application shall be accompanied by a plan
showing the following:
9.1 Area of the county in which the sign is to be located
• 9.2 Size, character, general layout and design proposed for
painted displays
9.3 The method and type of illumination, if any
9.4 The location proposed for such signs in relation to
property lines, and existing signs
9.5 If conditions warrant it, the Zoning Administrator may
require such additional information as will enable him
to determine if such signs are to be erected in
conformance with these regulations.
9.6 Applicants shall pay any administrative fee established
by the County at the time of the application or request.
I
F'--
52
Section 10,.0. Business Signs
Business signs shall be permitted on the premises of the
business in districts in which the principal use is permitted and
in districts in which the principal use is conditional.
Conditional Use permit applications shall include information as to
sign type and placement. All business signs shall be subject to
the following limitations:
10.1 Signs for customary home occupations shall not exceed
six (6) square feet in display area.
10.2 :Business signs shall not project more than one (1) foot
from any building wall or canopy.
10.3 If suspended from a canopy, the sign must be at least
eight (8) feet above the sidewalk, pavement or ground
:level.
10.4 Signs shall have a total display area in square feet per
establishment no greater than one -half square foot for
each linear foot of building lot frontage, but in no
rase greater than 300 square feet.
10.5 Free standing business signs shall not be located in a
:required side yard or within ten (10) feet of the right -
of -way line or any property line.
10.6 Display lighting of signs shall be shielded so as to
prevent the direction of such light into any structure
used primarily for residential purposes. No
:intermittent lighting effects shall be permitted on
Signs.
10.7 No business establishment shall have more than one sign
greater than 100 square feet. Provided, however, that a
Shopping complex consisting of five or more businesses
]Located in a unified building or group of buildings may
have business and identification signs as permitted by
the Harnett County Zoning Ordinance and in addition, the
center as a whole may have one detached sign per street
front not to exceed 300 square feet in area per street
front.
10.8 Eusiness signs along interstate highways shall be
required to meet the following provisions:
ac. The maximum size of the display area of business
signs along Interstate Highways, including I -95,
shall not exceed a maximum total display area of
1,000 square feet.
b. Free standing business signs along Interstate
Highways, including I -95, shall be limited in
height to 125 feet, measured from ground level to
the highest part of the sign structure.
C. Except as provided in subsections a and b above,
the remaining provisions of the Zoning Ordinance of
Harnett County, where applicable, govern business
signs along Interstate Highways.
Section 11.0 Outdoor Advertiaing Siqns
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:
11.1 Maximum Display Area - The maximum size of the display
area of outdoor advertising signs along Interstate
Highways shall be 500 square feet. The maximum size of
the display area of outdoor advertising signs for all
other sections of the County shall be 300 square feet.
Double faced signs shall be permitted provided that each
individual sign meet the display area requirements for
that area of the County.
11.2 Height Regulations - No outdoor advertising sign shall
exceed a height of thirty -five (35) feet measured from
ground level to the highest part of the sign structure.
The minimum height of the lowest portion of display
surface of said outdoor advertising sign shall be
elevated to a height of eight (8) feet from the ground
level.
u
53
11.3 Setback Reauirements - No outdoor advertising sign shall
be erected or maintained within 600 feet of the nearest
edge of the right -of -way of the interstate or primary
highways in Harnett County, except as allowed by the
North Carolina General Statutes. No sign shall be
located in a required side yard or within ten (10) feet
of any right -of -way line or any property line.
11.4 Lghtina - Display lighting of signs shall be shielded
so as to prevent the direction of such light into any
structure used primarily for residential purposes. No
rotating, revolving, or intermittent lighting devices
shall be attached to or made a part of any outdoor
• advertising sign.
11.5 Spacinv - All outdoor advertising signs must be spaced a
minimum of 300 feet apart.
Article x
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 of the
several zoning districts.
Section 2.0 Application Requirements
is An application for a Conditional Use Permit for a planned
development shall be accompanied by an Outline Development Plan
presenting the following information:
2.1 Proposed land uses, the location of various dwelling
types and dwelling unit densities, and the location of
all other proposed buildings and construction
2.2 Proposed primary traffic circulation pattern
2.3 Proposed parks, playgrounds, and other common open space
areas
2.4 Delineation of the units or phases to be constructed in
progression
2.5 Proposed means of dedication of common open space areas
and organizational arrangements for the ownership,
maintenance, and preservation of common open space,
private streets, and other common facilities, including
a copy of the homeowners or property owners association
bylaws, if such organization is to be used
2.6 Relation of land uses in the surrounding area to the
land use plan
• 2.7 Impact on public services
2.8 Drainage, water, and sewage plans
2.9 Statement as to ownership of streets, alleys, and
responsibility for maintenance thereof
Section 3.0 Conformity to Plan
Site development within the planned development shall conform
to the Outline Development Plan and associated requirements
approved by the Board of Adjustment as part of the permit
conditions. Modification of the Outline Development Plan and
associated requirements may be made by the Board of Adjustment when
requested by the owner of the property.
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Section 4.0 Internal Streets
All main arteries, through streets and collector streets
internal to ,a planned development must meet all North Carolina
Department of Transportation requirements as to right -of -way and
construction standards.
Section 5.0 Zero Lot Linea
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 required yards are maintained around the
building.
Section 6.0 Planned Developments Not Bxemot
A planned development must meet all requirements of this
Ordinance, as well as all other applicable ordinances, unless
expressly exempted by this Article.
Section 7.0 Residential Planned Develg=nts
Residential planned developments shall consist of only
residential uses and other uses as permitted by right in the
district in which located, except that in RA -40, RA -30, RA -20M and
RA -20R distracts, multi - family buildings, duplexes, or other
buildings with common walls shall be permitted, as long as at least
seventy -five (75) percent of the dwelling units meet the single
family or duplex requirements of the district, and as long as all
minimum yards are maintained around each building.
Section 8.0 Commercial and Industrial Planned Developments
Commercial and industrial planned developments, such as
shopping centers and planned industrial parks shall contain only
those uses permitted by right in the district in which located,
unless a use listed as conditional is included in the planned
development conditional use permit. These developments may, but
are not required to use this procedure. The advantages are greater
freedom in design and the use of zero lot lines as described in
Section 5.0 above.
Section 9.0 Dimensional Requirements
A minimum gross development size of ten (10) acres is
required. All other dimensional requirements shall be as in the
applicable district with the exceptions as defined below under
Density Bonus. Yards forming the outer boundary of a Planned Unit
Development shall be in compliance with the minimum requirements of
the district. 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 required yards are
maintained around each building and around the entire perimeter of
the Planned Unit Development.
Section 10.0 Liensity
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 area density 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) from the gross area and dividing the remaining area by
minimum conventional lot area requirements for the zoning district
in which the PUD is to be located.
Section 11.0 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 Planning Board in
accordance with the following ratios of Residential Area to Common
Open Space. In each case, the Planning 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 of the
Density Bonus shall be included in the Outline Development Plan for
review and approval.
•
•
d., ...,. „..
55
% of Residential Area
to be Common Onen Space
% Density Bonus
10 -19
10
20 -29
15
30 -39
20
40 -49
25
50 -59
30
60 or more
35
• Section 12.0 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
Zoning Ordinance. in addition, they shall be subject to the
following requirements:
12.1 Such areas of specified size shall be planned as an
integral part of the Planned Unit Development.
12.2 Proposed uses are needed by and gauged primarily for the
service and convenience of residents of the Planned Unit
Development.
12.3 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.
12.4 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.
12.5 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.
12.6 Such establishments shall not by reason of their
location, construction, manner of timing or operations,
signs, lighting, parking arrangements or other
characteristics have adverse effects on residential uses
within or adjoining the district, or create traffic
congestion or hazards.
12.7 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 percent
(50%) of the dwelling units proposed in the plan, or
construction of one hundred (100) dwelling units,
whichever is smaller.
Section 13.0 Common Open Space
"Common Open Space" required in PUD's 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 for
the use and enjoyment of residents of the proposed development or
for the general public, 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.
13.1 A minimum total area of 10W 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.
13.2 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, club
houses, swimming pools, and the like.
56
13.3 The location, shape, and character of the Common Open
Space must be suitable for the proposed development.
13.4 Common open Space shall be used only for amenity or
recreational (active or passive) purposes and shall be
dedicated to the County 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.
13.5 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.
13.6 All land shown on the outline Development Plan as Common
Open Space must be conveyed under one of the following
options:
A. It may be dedicated to the County of Harnett for
public use. Any dedication mist 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.
B. It 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 Board of Adjustment 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.
C. The Common Open Space 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 be
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.
Section 14.0 Site Planning
14.1 External Retationsh+os
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.
14.2
A. SgKYiCe and Em ganry Access, Access and
circulation shall be adequately provided for fire
fighting equipment, service deliveries, and refuse
collection.
•
B. 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
be made for acceptable design and construction of
storm sewer facilities including grading, gutters,
piping and treatment of turf to handle storm
waters, prevent erosion, and formation of dust.
C. Ways for Pedestrians: Walkways shall form a
logical, safe, and conventional system for
pedestrian access to all dwelling units, 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. Street crossings shall be held to a
minimum.
Section 15.0 Homeowners (or Property Owners) Associations
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 Conditional Use Permit.
Provisions of the organization shall include, but not be
limited to the following:
15.1 The Homeowners Association shall be established before
the homes or units are sold.
15.2 Membership shall be mandatory for each buyer, and any
successive buyer.
15.3 The developer shall be responsible for all maintenance
and other responsibilities of the Homeowners Association
until sixty percent (60 %) of all units to be sold are
sold.
15.4 After sixty percent (60 %) of all units are sold, the
Homeowners Association shall levy assessments and take
• over its responsibilities.
15.5 The developer, or development owner, shall pay all fees
levied by the Homeowners Association just as any other
property owner for any remaining unsold property.
15.6 The Homeowners Association shall be responsible for
liability insurance, payment of local taxes and
maintenance of recreational and other facilities.
15.7 Any sums levied by the Homeowners Association that
remain unpaid, shall become a lien on the individual
property.
15.8 The Homeowners Association shall be able to adjust the
assessment to meet changing needs.
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I
Article XIMining General Regulations
Section 1.0 Findings
Extraction of mineral resources is 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 methods -- 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 best
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.
57
I
i
Section 2.0 Statement of Puxgose
5 The
purpose of this section is to provide that:
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.
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
Environment, Health, and Natural Resources, Division of
Land Resources, Land Quality Section, or successor
agency.
2.3
Mining may occur in any Harnett County zoning district
for which mining is listed as a conditional use subject
to the terms and conditions of this Section and Article
VII - Conditional Uses. In keeping with Article VII,
Section 4.0 (4.3), the following guidelines shall be
used:
A. The operation will not constitute a substantial
physical hazard to a neighboring dwelling house,
school, church, hospital, commercial, or industrial
building, public road, or public property.
S. The operation will not have a significantly adverse
effect on the purposes of a publicly -owned park,
forest, or recreation area.
2.4 is conditional use permit shall automatically expire if
at any time after its issuance the State Mining Permit
is revoked or terminated.
Section 3.0 Definitions
Definitions as listed in the General Statutes of North
Carolina, as amended, (North Carolina Mining Act of 1971), shall
apply to this Sub - section.
Section 4.0 Permit Application
4.1 Applicants for a conditional use permit shall submit to
the Harnett 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 Harnett County
Board of Adjustment.
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.
,Section 5.0 Screening Standards
5.1 A visual screen of at least fifty percent (506) opacity
shall be established and maintained around that portion
of the mining site that is being excavated or being used
for the storage of minerals if required in writing by
property owners adjacent to the mining site. A copy of
said written request shall be submitted to the
permittee. Such screening is required only when such
areas are visible at eye -level at ground elevation, at
the time of permit issuance, from state- maintained
thoroughfares, publicly -owned areas which have been
maintained essentially in their natural state of
vegetation, residences and other buildings, but not
including accessory buildings or properties. When
excavated areas have been reclaimed in accordance with
the North Carolina Mining Act of 1971 as amended, and
Chapter 5 of the North Carolina Administrative Code
Title 15, required artificial screening may be removed.
5.2 The visual screening requirements of Sub- Section 5.1 may
be exempted when:
A. The Planning Department determines that existing
vegetative cover will fulfill these requirements.
Such natural screening may consist of existing
vegetative cover including, but not limited to,
trees and shrubs having an opacity of not less than
fifty percent (506) at all seasons of the year.
Screening may also consist of earthen berms or
other artificial screens used individually or in
combination with each other and existing vegetation
to achieve a screening effect of at least fifty
percent (SO6) opacity during all seasons of the
year. Screening materials and vegetation may be
located in required buffer areas. All berms and
other artificial screens requiring extensive land
disturbance shall comply with the North Carolina
General Statutes.
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B. It is determined that due to topographic, or other
circumstances where, through no fault of the
permittee, a fifty percent (50$) opacity cannot be
provided.
section 6.0 Vibration Standards
All mining activities in Harnett County shall conform to the
vibration policy adopted by the Land Quality Section of the North
Carolina Department of Environment, Health and Natural Resources.
Section 7.0 Non - Conforming Mining Operations
Mining operations begun prior to the adoption of the Zoning
Ordinance shall be allowed to continue as non - conforming uses after
that date. Mining operations for purposes of this section are
is defined as those in operation or for which an application for a
mining permit has been made to the North Carolina Department of
Environment, Health and Natural Resources.
Article XII Board of Adjustment
Section 1.0 Creating the Board of Adjustment
1.1 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.
1.2 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.
1.3 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.
1.4 The Chairman of the Board of Adjustment is authorized in
his official capacity to administer oaths to witnesses
in any matter coming before the Board. Any member of
the Board, while acting as chairman, shall have and may
exercise like authority.
1.5 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.
• 1.6 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.
Section 2.0 Powera and Duties
The Board of Adjustment shall have the following powers and
duties:
2.1 Administrative Rev nu.
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.
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60 2.2 Variangg
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.
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.
2.3 Conditional Use Permits:
To issue conditional use permits as prescribed elsewhere
in this Ordinance.
Section 3.0 Filing and Notice of an A88eal
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.
Section 4.0 Fees for Variances or Appeals
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.
Article XIII C
The Harnett County Board of Commissioners may amend,
supplement, or change the text regulations and zoning district
lines according to the following procedures:
Upon the filing of an application for a zoning change or a
voluntary petition for zoning, a moratorium shall go into effect
whereby the Harnett County Planning Department, Harnett County
Environment Health Department, Harnett County Public Utilities
Department, and Harnett County Inspections Department shall not
accept applications for permits, requests for approval of minor
subdivisions, preliminary plats for major subdivisions, and
manufactured home parks within the proposed zoning area. This
moratorium shall exist for 120 days from the date the application
or petition is filed with the Harnett County Planning Department or
until the petition is approved or disapproved by the Harnett County
Board of Commissioners whichever first occurs. However, those
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applications for permits, minor subdivision approvals and
preliminary plat approvals meeting all provisions of the proposed
zoning district, and not in conflict with the current zoning, will
be accepted and processed provided approval has been granted or
recommended by the Zoning Administrator or his designee.
Section 1.0 Action by the Applicant
The following actions shall be taken by the applicant:
1.1 Initiation of 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. Property
• not owned by the applicant(s) may be included as
part of a proposed amendment to the Official Zoning
Map provided that property owned by the
applicant(s) is also included. Applications by the
owner or his agent for changes or amendments to the
Official Zoning Map may be submitted no more than
once within a 12 -month period for each individual
parcel of property.
B. Proposed amendments to the text of the Ordinance
may be initiated by any interested party.
Section 2.0 Action by the PtaM na Boar
The Planning Board shall consider and make recommendations to
the County Board of Commissioners concerning each proposed text
change or zoning district change. The following policy guidelines
shall be followed by the Planning Board concerning text change or
zoning district change and no proposed zoning district change will
receive favorable recommendation unless:
2.1 The proposal will place all property similarly situated
in the area in the same category, or in appropriate
complementary categories.
2.2 There is convincing demonstration that all uses
permitted under the proposed district classification
would be in the general public interest and not merely
in the interest of an individual or small group.
2.3 There is convincing demonstration that all uses
permitted under the proposed district classification
would be appropriate in the area included in the
• proposed change. (When a new district designation is
assigned, any use permitted in the district is
allowable, so long as it meets district requirements,
and not merely uses which applicants state they intend
to make of the property involved.)
2.4 There is convincing demonstration that the character of
the neighborhood will not be materially and adversely
affected by any use permitted in the proposed change.
2.5 The proposed change is in accordance with the
comprehensive plan and sound planning principles.
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1.2 Application
A. An application must be filed in the Planning Office
for any proposed map change or text amendment.
This 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 according to the filing
schedule located in the County's Planning
Department office.
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's Planning Department Office. The Planning
Board, Board of Adjustment, and Board of County
Commissioners shall be exempted from this fee.
Section 2.0 Action by the PtaM na Boar
The Planning Board shall consider and make recommendations to
the County Board of Commissioners concerning each proposed text
change or zoning district change. The following policy guidelines
shall be followed by the Planning Board concerning text change or
zoning district change and no proposed zoning district change will
receive favorable recommendation unless:
2.1 The proposal will place all property similarly situated
in the area in the same category, or in appropriate
complementary categories.
2.2 There is convincing demonstration that all uses
permitted under the proposed district classification
would be in the general public interest and not merely
in the interest of an individual or small group.
2.3 There is convincing demonstration that all uses
permitted under the proposed district classification
would be appropriate in the area included in the
• proposed change. (When a new district designation is
assigned, any use permitted in the district is
allowable, so long as it meets district requirements,
and not merely uses which applicants state they intend
to make of the property involved.)
2.4 There is convincing demonstration that the character of
the neighborhood will not be materially and adversely
affected by any use permitted in the proposed change.
2.5 The proposed change is in accordance with the
comprehensive plan and sound planning principles.
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Section 3.0
2
Action by the Board of County Commissioners
V
V
The
County Board of Commissioners may from time to time as
they see
fit, amend any provisions of this Ordinance according to
the following procedure:
3.1
Efotice of Public Hearing
No amendment or map change shall be adopted by the
County Board of Commissioners until and after public
notice and hearing. Such notice and hearing shall be as
provided in NC Statute 153A -323 and 153A -343 as each may
exist from time to time.
The applicant shall be responsible for providing
the names and addresses and stamped, addressed envelopes
of all property owners within the application and all
adjoining property owners insofar as the applicant is
able to obtain these names and addresses through
personal knowledge, Harnett County Tax Office, or Land
Records Office. The Zoning Administrator, or his
designee, shall be responsible for mailing the notices
and certifying that the notices were mailed.
3.2
Before taking such lawful action as it may deem
advisable, the County Board of Commissioners shall
consider the Planning Board's recommendations on each
proposed zoning amendment or map change. If no
recommendation is received from the Planning Board
within 30 days after public hearing by the County Board
of Commissioners, the proposed amendment shall be deemed
to have been approved by the Planning Board.
Article XIV
Section 1.0 Administration
The Chief Planner or his authorized agent shall be the Zoning
Administrator. The Zoning Administrator shall administer and
enforce this Ordinance.
Section 2.0 Enforcement
If the Zoning Administrator shall find that any of the
provisions of this Ordinance are being violated, he shall notify in
writing the person responsible for the violation, specifying the
nature of the violation and what corrective measures must be taken.
The Zoning Administrator shall order the discontinuance of illegal
buildings or structures or of additions, alterations, or structural
changes thereto; discontinuance of any illegal work being done; or
shall take other action authorized by law to insure compliance with
or to prevent violation of the provisions of the Ordinance. Any
appeal to the Board of Adjustment regarding an order made by the
Zoning Administrator must be filed in the Planning Department
within thirty (30) days of receipt of the order.
Section 3.0 Land Use Permit for New. Altered. or Temporary Uses
After the adoption of this Ordinance, it shall be unlawful to
establish, move, or alter any use other than a bona fide farm or
obtain a permit from the Health Department unless a land use permit
is applied for and issued by the Zoning Administrator.
A temporary land use and building permit may be issued for a
period of one year, non - renewable, when an existing or proposed
primary or secondary residence is deemed uninhabitable due to
renovation or construction. A temporary land use and building
permit may also be issued for bazaars, carnivals, religious
meetings or seasonal special events provided that such events shall
not exceed sixty (60) days within any twelve (12) month period.
The Zoning Administrator shall maintain a record of all land
use permits.
Failure! to obtain a land use permit shall be a violation of
the Ordinance and punishable under Article IV Section 20.0 of this
Ordinance.
Section 4.0 application for Land Use and Building Permits -
All applications for land use permits s shall be accompanied
by a copy of the deed, conditional sales agreement or other
instrument of transfer recorded in the Registry of Harnett County
describing the lot in question and 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 on the lot of buildings
already existing, if any, and the location and dimensions of the
proposed building or alteration. A surveyed drawing 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 land use 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. The above, not withstanding, no deed,
conditional sales agreement or instrument of transfer copy shall be
required of any applicant who received the property which is the
subject of such application by intestate succession.
Section 5.0 Fees
The Board of Commissioners shall set a fee, payable to Harnett
County, North Carolina, to cover the necessary processing cost of
• all permits. The set fee shall be posted in the County's Planning
Department Office.
Section 6.0 Expiration of Land Use Permit
If the work described in any land use permit has not begun
within 6 months from the date of issuance thereof, said permit
shall expire. If after commencement, the work is discontinued for
any period of six (6) months, the permit shall immediately expire
and further work as described in the expired permit shall not
proceed unless and until a new land use permit has been obtained.
Section 7.0 Construction and Use to be as Stated on Land Use Permit
Land use permits issued on the basis of plans and applications
approved by the Zoning Administrator authorize only the use,
arrangement, and construction set forth in such approved plans and
applications. Use, arrangement, or construction at variance with
that authorized shall be deemed a violation of this Ordinance and
punishable as provided by Article IV Section 20.0 of this
Ordinance.
Section 8.0 Certificate of Occupancy
No new building or part thereof shall be occupied, and no
addition or enlargement of any existing building shall be occupied,
and no existing building after being altered or moved shall be
occupied, an no change of occupancy shall be made in any existing
building or part thereof, until the Building Inspector has issued a
• certificate of occupancy. The change of occupancy provision shall
not apply to rooms intended for transient rental or to re- rental of
individual apartment rentals.
A temporary certificate of occupancy may be issued for a
portion or portions of a building which may safely be occupied
prior to final completion and occupancy of the entire building.
Application for a certificate of occupancy may be made by the
owner or his agent after all final inspections have been made for
new buildings, or in the case of existing buildings, after
supplying the information and data necessary to determine
compliance with this Ordinance.
Section 9.0 Right of Anneal
If a land use permit is denied, the applicant may appeal
within 30 days of the action of the Zoning Administrator to the
Board of Adjustment.
Section 10.0 Duties of Zoning Administrator. Board of Adjustment
Courts and County Board of Commissioners as to Matters of AMeal
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 within the time limits
prescribed in Sections 2.0 and 9.0, and (3) 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 disputed questions that may arise in
connection with the enforcement thereof or conditional use. The
Board of Commissioner's duties shall include the hearing of
amendments to the Zoning Ordinance Text and the Zoning Map and the
question of repeal of the Ordinance as provided by law.
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64 Article Xv Definitions
In the construction of this Ordinance, the definitions
contained in this Article shall be observed and applied, except
when the content clearly indicates otherwise. In further
amplification and for clarity of interpretation of the context, the
following definitions of word usage shall apply:
- Words used in the present tense shall include the
future; and words used in the singular number shall
include the plural number, and the plural the singular.
- The word "shall" is mandatory and not discretionary.
- The word "may" is permissive.
- The word "lot" shall include the words "piece ",
"parcel ", and "plots "; the word "building" includes all
structures of every kind regardless of similarity to
buildings; and the phrase "used for" shall include the
phrases "arranged for ", "designed for", "intended .for ",
and "occupied for ".
Accessory Building or Use is 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 Ordinance.
- 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.
}Adult Bookstore - a retail establishment having as its primary
stock -in -trade books, magazines, periodicals, video tapes, films or
other items that are distinguished by their explicit emphasis on
matter depicting, describing or relating to sexual activities,
genital areas or erotic behavior and is intended to cause sexual
excitement.
Adult Niah7cl - an entertainment establishment intended for
patrons of :Legal age which presents shows or acts distinguished by
an emphasis on but not limited to topless dancers, strippers, male
or female impersonators or similar entertainers for observation by
the patrons..
Adult Motion Picture Theatre - a theatre within a permanent indoor
structure used for presenting films distinguished, characterized or
relating to sexual activities, genital areas or erotic behavior and
is intended to cause sexual excitement.
Alley is a public or private right -of -way primarily designed to
serve as secondary access to the side or rear of those properties
whose principal frontage is on a street.
Apartment (flee Dwelling, Multi - Family)
Billboard (S'ee Sign, Outdoor Advertising)
Block is a tract of land bounded by streets,- or by a combination of
streets and public parks, cemeteries, railroad rights -of -way, shore
lines of waterways or municipal boundary lines.
Bona Fide Fatyg Bona fide farm purposes include the production and
activities relating or incidental to the production of crops,
fruits, vegetables, ornamental and flowering plants, dairy,
livestock, poultry and all other forms of agricultural products
having a domestic or foreign market; however, does not include
residential structures.
Bona fide farm purposes also include processing for personal
consumption or commercial sale or distribution of any and all
crops, fruits, vegetables, ornamental and flowering plants, dairy,
livestock, poultry, and all other forms of agricultural products,
so long as all such agricultural products are grown or produced on
lands which are owned solely by or leased exclusively to and are
harvested by the person processing such agricultural products.
is
Buffer is a dense, evergreen hedge or solid fence or wall used to
enclose, screen, or separate certain uses as specified in this o
Ordinance. The design, composition, height, and location of such
facilities shall be approved by the Zoning Administrator and /or
Planning Board.
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.
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Business Establishment Convenience Twe 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.
Club or Lodge. Private is a non- profit association of persons, who
are bona fide members paying dues, which owns, hires, or leases a
building, or portion thereof; the use of such premises being
restricted to members and their guests. The affairs and management
of such "private club or lodge" are conducted by a board of
directors, executive committee or similar body chosen by the
members.
Dupl is a residential use consisting of two dwelling units within
a single building on a single lot.
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.
is a site -built structure containing one
Family Care Home is a home with support and supervisory personnel
that provides room and board, personal care, and rehabilitation
services in a family environment for not more than six (6) resident
handicapped persons.
dwelling unit only.
realirements) shall mean the sum of the gross horizontal areas of
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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 ".
Family Care Home is a home with support and supervisory personnel
that provides room and board, personal care, and rehabilitation
services in a family environment for not more than six (6) resident
handicapped persons.
Home Occupation is any use, whether intended to produce income or
not, conducted entirely within a dwelling and carried on by the
occupants thereof, whose use is clearly incidental and secondary to
the use of the dwelling for residence purposes and does not change
the character thereof, no more than one (1) assistant may be
employed by home occupations. Provided further, that no mechanical
equipment is installed or used except such that is used for
domestic or professional purposes, and that not over 50 percent of
the total floor space of any structure is used for
home occupations.
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Floor Area (for determining off - street parking and loading
realirements) shall mean the sum of the gross horizontal areas of
the several floors of the building, or portion thereof including
accessory storage areas located within selling or working space
such as counters, racks, or closets, and any basement floor area
devoted to retailing activities, to the production or processing of
goods, or to business or professional offices. However, the "floor
area" for the purposes of measurement for off - street parking spaces
shall not include: floor area devoted to primarily storage
purposes (except as otherwise noted herein) ; floor area devoted to
off - street loading or parking facilities, including aisles, ramps,
and maneuvering space; or basement floor area other than area
devoted to retailing activities, to the production or processing of
goods, or to business or professional offices.
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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.
Home Occupation is any use, whether intended to produce income or
not, conducted entirely within a dwelling and carried on by the
occupants thereof, whose use is clearly incidental and secondary to
the use of the dwelling for residence purposes and does not change
the character thereof, no more than one (1) assistant may be
employed by home occupations. Provided further, that no mechanical
equipment is installed or used except such that is used for
domestic or professional purposes, and that not over 50 percent of
the total floor space of any structure is used for
home occupations.
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Homeowners Associationa 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.
Hotel is an establishment which is open to transient guests, as
distinguished from a boarding, rooming, or lodging house, and is
commonly known as a hotel in the community in which it is located;
and which provides customary hotel services such as maid service,
the furnishing and laundering of linen, telephone and secretarial
or desk service, the use and upkeep of furniture, and bellboy
service.
Incormatible Use is a use or service which is unsuitable for direct
association avid /or contiguity with certain other uses because it is
contradictory, incongruous, or discordant.
Industrial l ?ark 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.
,]jMk shall mean scrap copper, brass, rope, rags, batteries, paper,
trash, rubber, debris, waste, or junked, dismantled or wrecked
automobiles, or parts thereof, iron, steel, and other scrap
ferrous or nonferrous material.
Junkyard shall mean an establishment or place of business which is
maintained, operated, or used for storing, keeping, buying, or
selling junk, or for maintenance or operation of an automobile
graveyard. Any lot containing more than 3 unregistered and non-
functional vehicles shall constitute a junkyard for the purposes of
this Ordinance.
1QL 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 Ordinance.
Lot. Depth of; is the average horizontal distance between front and
rear lot lines.
Lot. Width of is the average horizontal distance between the side
property lines.
Manufactured Home is a home that (a) consists of a single unit
completely assembled at the factory or of two (double -wide) or
three (triplet -wide) principal components totally assembled at the
factory and ;joined together at the site; and (b) is designed so
that the total structure (or in the case of double -wide or triple -
wide, each component thereof) can be transported on its own
chassis; and (c) is over 32 feet long and over 8 feet wide; and (d)
is designed to be used as a dwelling and provides complete,
independent living facilities for one family, including permanent
provisions for living, sleeping, eating, cooking, and sanitation;
and (e) is actually being used, or is held ready to use, as a
dwelling.
Massage Parli= is a place of business where massagists are
employed to offer massage for a salary or fee.
Masaagist is one who offers to massage another for a fee.
Motel is an establishment which is open to transient guests, as
distinguished from a boarding, rooming, or lodging house, and is
commonly known as a motel in the community in which it is located;
and which provides customary motel services including parking for
guests' vehicles.
•
Nonconforming Use is a legal use of a building and /or land that
predates the adoption of these regulations and does not conform to
the regulations for the zone in which it is located.
Ownership and Maintenance of Recreational Areas and Required-D=
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 not. charge a fee
to make use of such areas.
Pitched Roof is a roof for a manufactured home, whether A- shaped or
rounded, which has a minimum rise of twelve (12) inches for every
seven (7) feet of width.
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.
Private Owned Utility System is any structures and facilities owned
or operated by a private owned electric, telephone, gas, cable, and
water and waste water company.
Public Owned Utility System is any structures and facilities owned
by Harnett County or its agencies, including, but not limited to,
water systems, waste water systems, and storm water facilities.
Recyclables - waste products exclusive of motor vehicles, motor
vehicle parts, tires, batteries, accessories or petroleum products
capable of being re -used or re- processed into a new product.
• Recycling Collection Centers - manned or unmanned facilities used
for the collection, separation and short -term storage of
recyclables but not on -site processing.
Recycling Plant - a facility, exclusive of junkyards or any other
facility to re- process motor vehicles, motor vehicle parts, tires,
batteries, accessories or petroleum products in which recyclables
such as but not limited to newspapers, magazines, books or other
paper products; plastics; glass;. metal cans and other similar
products are recycled, reprocessed or treated to return such
products to a condition whereby they may be used again to make new
products.
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
side line 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.
Sian 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.
I
I-
M
Sian - 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.
Swimming Poo], is defined as any permanent structure, chamber, tank
in ground or above ground containing an artificial body of water at
least four (4) feet deep at any point which is used for swimming, •
diving, wading, recreation or therapy together with all buildings,
appurtenances and equipment used in connection with the body of
water. Such term includes school, hotel, motel, apartment,
boarding house, athletic club or membership facility pools. Such
term also includes pools at single family dwellings, duplexes,
multi - family dwellings, townhouses, condominiums, mobile homes on
individual lots and manufactured home parks.
Townhome -For Sale are defined as attached housing units purchasable
on a fee simple basis, on individual lots meeting minimum
requirements and fronting on a dedicated street without provisions
for commonly -owned property controlled by a homeowners association.
Townhouses differ from condominium developments in that no common
areas are required, so a homeowners association to govern
maintenance of such areas (parks, open space, parking lots, drives)
is not required.
Travel Trailer is a trailer designed to be towed by an automobile
or similar vehicle for the purpose of vacationing or temporary
occupancy. It is not designed to be used as a permanent dwelling
unit.
Trades include any occupation requiring manual or mechanical
skills. Examples include beautician, mechanic, plumber, etc. •
Underpinning is skirting or curtain walls installed in good
workmanship -like manner along the entire base of a manufactured
home, except for ventilation and crawl space requirements, and
consisting of the following: metal with a baked -on finish of
uniform color; a uniform design and color vinyl; or brick, cinder
block, and atone masonry as well as artificial stone masonry.
Unit Ownership Structure (Condominium) 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, N.0 General Statutes.
Usable Open Space means an area that:
- Is not encumbered with any substantial structure;
- Is not devoted to use as a roadway, parking area (paved
or peripheral), or sidewalk;
- Is left in its natural or undisturbed state, if such a
state is compatible with use of the area or property
planted and landscaped. (Facilities for the pursuit of
passive types of recreation, such as picnic tables, are
permissible.)
- Is capable of being used and enjoyed for purposes of
informal and unstructured recreation and relaxation; and
- Is legally and practicably accessible to the residents
of the development out of which the required open space
is taken, or to the public if dedication of the open
space is required.
U.Ue is any continuous or continual occupation or activity taking
place upon a parcel of land including, but not limited to, the
location of gents, trailers, the storage of cars, machinery or
other materials.
Yard. Regitire,i 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 -may line extending across the full
width of the lot.
Yard. Reauired 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.
Yard. Recuired Rear is an open space on the same lot with a
building between the minimum rear setback line and the rear line of
the lot and extending across the full width of the lot.
COUNTY COMMISSIONER$
H. L. Sorrell, Jr., Chairman
Beatrice Bailey Hill, Vice Chairman
Walt Titchener
• Dan Andrews
Joe Bowden
PLANNING BOARD
Harold Martin, Chairman
Joe Boone, Vice Chairman
Malcolm Stout
B. W. Williams
Ted Brown
Al Caviness
Gloria McNeill -McKoy
DULY ADOPTED THIS 6 c DAY OF NOVEMBER, NINETEEN HUNDRED AND
NINETY FIVE
HARNETT COUNTY BOARD OF COMMISSIONERS
NORTH CAROLINA
HARNETT COUNTY
I, �/(L�U (,( /o /'4" -- , a Notary Public in and for the
aforesaid Stat and County, certify that H. L. Sorrell, Jr.,
personally appeared before me this day who being by me duly
sworn, deposes and says: that he is the Chairman of the Harnett
County Board of Commissioners and Kay S. Blanchard is the Clerk .
of said Board, that the seal affixed to the foregoing instrument
is the official seal of Harnett County, that said instrument was
signed by him, attested by said Clerk and the County's seal
affixed thereto, all by authority of the Board of Commissioners
of said County, and the said H. L. Sorrell, Jr. acknowledged said
instrument to be the act and deed of Harnett County.
1995. Witness my hand and notarial seal this —L— day of Llhl
Notary blic
• My Commission Expires: Cc;rnlss!ca Ewires Hcvca5er 29, I?el
Y i tV.l
••
-..\4 I' Hcrnoll County
-5•�s., Y `� z
AAA-
forgoin9 mrtificatas Of O ii l •T e m Pu(Nd U �oY 4!i Lc
) is /sro cerli(iod to bo
L I ei f
;••�,�•., ••• t`.•,` correct. This inslrmnord was prasenicd for registration ���
l t'co at Coda page to
and recot in This —U"!�_
This ^!(��� 4 ^y of 9 }� s 19
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By.'
= 'JLIfISBj� t�
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•
H. L Somll, Jr., Chairman
itf A
. Kay S. Blanchard
rk""v "�
Clerk to the Board
NORTH CAROLINA
HARNETT COUNTY
I, �/(L�U (,( /o /'4" -- , a Notary Public in and for the
aforesaid Stat and County, certify that H. L. Sorrell, Jr.,
personally appeared before me this day who being by me duly
sworn, deposes and says: that he is the Chairman of the Harnett
County Board of Commissioners and Kay S. Blanchard is the Clerk .
of said Board, that the seal affixed to the foregoing instrument
is the official seal of Harnett County, that said instrument was
signed by him, attested by said Clerk and the County's seal
affixed thereto, all by authority of the Board of Commissioners
of said County, and the said H. L. Sorrell, Jr. acknowledged said
instrument to be the act and deed of Harnett County.
1995. Witness my hand and notarial seal this —L— day of Llhl
Notary blic
• My Commission Expires: Cc;rnlss!ca Ewires Hcvca5er 29, I?el
Y i tV.l
••
-..\4 I' Hcrnoll County
-5•�s., Y `� z
AAA-
forgoin9 mrtificatas Of O ii l •T e m Pu(Nd U �oY 4!i Lc
) is /sro cerli(iod to bo
L I ei f
;••�,�•., ••• t`.•,` correct. This inslrmnord was prasenicd for registration ���
l t'co at Coda page to
and recot in This —U"!�_
This ^!(��� 4 ^y of 9 }� s 19
'parltysl.aJ - a►[o�J',y,,�p�Q�{{-M/.l. fry.
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