11/21/88 Zoning Text Amendment Art VII, Art VI.J44. ORDINANCE AMENDING AN ORDINANCE ENTITLED
ZONING ORDINANCE FOR HARNETT COUNTY, NORTH CAROLINA
ADOPTED JULY 18, 1988
WHEREAS, this Board adopted an Ordinance on July 18, 1988
entitled "Zoning Ordinance for Harnett County, North Carolina ";
and
WHEREAS, this Board is of the opinion that the amendments
set forth below are necessary to the clear and efficient working
of the Ordinance; and
WHEREAS, as provided by Article EIII of the Ordinance, the
said amendments have been submitted to the Harnett County
Planning Board for review and recommendation, where they have
been favorably reported; and
WHEREAS, pursuant to N. C. Gen. Stat. 153A -323, after notice
as by law provided, a public hearing has been held concerning
adoption of the amendments;
NOW, THEREFORE, BE IT ORDAINED:
(1) That Article VII, Section 1.0 (1.2) read as follows:
1.2 Application for di ional 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, plane,
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.
(2) That Article VII, Section 2.0 read as follows:
.,action 9 0 Public HPHr!ha
The Chairman of the Board of Adjustment shall schedule a
public hearing on the application for a conditional use
permit to be held within 60 -days after the application is
filed. Public notice of the hearing shall be published in a
newspaper of general circulation in the County at least once
each week for two successive weeks prior to the public
hearing. The Zoning Administrator shall also poet notice on
the property involved for 'a period of one week prior to the
hearing.
(3) That Article VII,, Section 3:0 shall be deleted from the
Ordinance.
(4) That Article VII, Section 4.0 read as follows:
4.0 A�1- h th H d P Adi+ tment
The Board of Adjustment.: shall approve, modify or deny the
application for Conditional Use Permit following the public
hearing. In granting a Conditlonal.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.
4.1 The use requested is listed among the conditional uses
in the district for which application is made.
4.2 The requested use is essential or desirable to the
public convenience or welfare.
q !ne requea Lea use will wUe mya l cg +
character of the surroundings or adjoining districts,
nor be detrimental to the public health, morale, or
welfare.
4.4 The requested use will be in conformity with the Land
I Use Plan.
4.5 Adequate utilities, access roads, drainage, sanitation
and /or other necessary facilities have been made or are
being provided.
4.6 That adequate measures have been or will be taken to
Provide ingress and agrees so designed as to minimize
traffic congestion in the public streets.
4.7 That the conditional use shall, in all other respects,
conform to the .applicable regulations of the district
in which it in located, except as such regulations may,
in each .instance, be 'modified by the Board of
Adjustment.
(5) That Article VII, Section 5.0 read as follows:
Section F 0 Canclitjcna and Cuaranteea
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
canes` 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.
5.1 Such conditions may include a time limitation.
5.2 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 ".
'. 5.3 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.
(6) That Article VII, Section 6.0 read as follows:
Section 6 0 1 PrQM1ftJons in Granting Condi:tjgnal Cap
Permits.
6.1 C lianre 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.
6,2 R vm a .ion
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.
6.3 Ifon
In n 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.
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(7) That Article VI, Section 6.3 read as follows:
6.3 DS S 7 A t
The fbllowine 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 - 20,000 square feet, 15,000 square feet
with public water and /or sewer .
Minimum Lot Width - 80 feet
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
aide street shall not be less than 20 feet. Accessory
buildings on the side of the lot abutting the aide
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.
Duly adopted this 21st day of November, 1988
HARNETT COUNTY BOARD OF COMMISSIONERS
COOMMMISSIONERS
Llc d G. Stewart, Chairman
ATTEST: -
�� Vanessa W. Yg le