2020/11/16 RESOLUTION AMENDING THE HARNETT COUNTY UNIFIED DEVELOPMENT ORDINANCE PLAN#2010-0003Harnett
COUNTY
vww.harnemorg
A RESOLUTION AMENDING THE
HARNETT COUNTY UNIFIED DEVELOPMENT ORDINANCE
WHEREAS, the Board of Commissioners of Harnett County adopted the UDO on October 17, 2011 for the
purpose of promoting the health, safety, and general welfare of the county residents; and
WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North
Carolina, particularly G.S. 153A-340; and
WHEREAS, the UDO contains provisions for amending said ordinance and those provisions have been followed;
and
WHEREAS, the Harnett County Planning Board has reviewed the amendment to the article of the UDO as
listed below and recommends the adoption of the following amendment.
NOW. THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT
COUNTY, NORTH CAROLINA that Harnett County Unified Development Ordinance shall be amended, per
the new requirements of Chapter 160D of the North Carolina General Statutes which consolidates current cit -
and county -enabling statutes for development regulations. to read as indicated in the following "Attachments".
"Attachment" is filed with the Unified Development Ordinance in the Clerk to the Board's Office.
Duly adopted this 16t° day of November 2020 and effective upon adoption.
HARNETT COUNTY BOARD OF COMMISSIONERS
ITC,
Mark <Iohns , Chairman
ATTEST:
Marrgtgina Uoeler. Clerk to the Board
strong roots • new growth
Article XIV. Definitions & Certifications
2.0 General Definitions & Acronyms
2.2 General Definitions
BB
Any structure used or intended for supporting or sheltering any use or occupancy.
DwelLng
A building that contains one or two family dwelling units used, intended or designed to be used, rented, leased,
let or hired out to be occupied for living purposes. (See "Multifamily Residential Development" and "Single
Family Dwe➢i )
Dwelling Unit
A single unit providing complete, independent living facilities for one or more persons, including permanent
provisions for living, sleeping, eating, cooking and sanitation.
5.0 Natural Resources Definitions & Acronyms
5.2 Natural Resources Definitions
Dwelling Unit
A single unit providing complete, independent living facilities for one or more persons, including permanent
provisions for living, sleeping, eating, cooking and sanitation.
Article XIII. Enforcement & Penalties
5.0 Notifications
5.1 General
T'he Administrator shall notify the owner(s) of property and/or permittee(s) found to be in violation of this
Ordinance in writing by personal delivery, electronic delivery, or first class mail. Notifications may be provided
by simila means to the occupant(s) of the property or person(s) undertaking an activity found to be in
violation. The notice of violation shall give a description of the violation and its location, the measures
necessary to correct it, the possibility of civil penalties and judicial enforcement action, and notice of the right
to appeal. The notice shall also state the time period allowed, if any, to correct the violation. Time period for
compliance may vary depending on the nature of the violation
5.3 Posted Notice of Violations
The Administrator may give notice by way of posting notice of the violation conspicuously on the property.
The official providing the notice of violation shall certify to the local government that the notice was
provided and the certificate shall be deemed conclusive in the absence of fraud. The posting of the notice
of violation is are considered County property and removal of the posting shall be considered a criminal
offense. Once the posting has been trade, whether or not the posting has been removed, it shall be treated
as official notice of the violation.
6.0 Remedies
In order to ensure compliance with the provisions stated in this Ordinance, the administrator may utilize
the following remedies to prevent, correct, or abate a violation. In a situation where a development approval
is called to be revoked, the administrator shall follow that same process as utilized for approval.
Article
Section
Sub -Section
Article I
Section 4.0
General Provisions
Authority
Article III
Development & Subdivision Review,
Section 2.0
2.3 Certificate of Occupancy (CO) & Building
Permitting & Approval Requirements
Permit Requirements
Permits
Article III
Development & Subdivision Review,
Section 8.0
Permitting & Approval Requirements
Subdivision Review Procedures
8.1 Purpose
Article III
Development & Subdivision Review,
Section 10.0
10.2 Purpose
Permitting & Approval Requirements
Vested Rights
10.3 Approval Procedures & Authority
10.4 Duration
Article IV
Section 13.0
Military Corridor Overlay
13.4 Required Review
Zoning & Overlay Districts
District - MCO
Article V
Section 11.0
11.2.5 Permit (Level II)
Use Regulations
Other Uses
8-1 Public Hearing
Article VI
Section 8.0
8.2 Contents of Development Agreement
General Development Standards
Development Agreements
8.4 Periodic Review
Article X
Section 3.0
Natural Resources
Flood Damage Prevention
3.1.1 Statutory Authorization
Article XI
Section 3.0
3.1 Establishment & Procedure of Planning
Administration & Boards
Planning Board
Board
Article XI
Section 5.0
5.1 Establishment & Procedure of the Board
Administration & Boards
Board of Adjustment
of Adjustment
Article XII
Section 2.0
2.1.4 Action by the Board of County
Amendments, Hearing Procedures,
Appeals & Variances
Amendments
Commissioners
Article XIII
Section 2.0
Enforcement & Penalties
Authority
Article XIV
Section 1.0
1.2 Meaning of Common Words
Definitions & Certifications
General Guidelines
Article XIV
Section 2.0
2,2 General Definitions
General Definitions &
Definitions &Certifications
Site Plan (Site Specific Development Plan)
Acronyms
Section 5.0
5.2 Natural Resources Definitions
Article XIV
Natural Resources Definitions
Development, Existing Water Supply
Definitions & Certifications
& Acronyms
Watershed
Article
Section
Sub -Section
Article III
2.7.3 Permit (Level III)
Development & Subdivision Review,
Section 2.7
Permitting & Approval Requirements
Communications Tower Permit
2,7,4 Permit (Level IV)
2.8.1 Initiation of Conditional Use Permit
Article III
2.8.2 Application for Conditional Use Permit
Development & Subdivision Review,
Section 2.8
2.8.3 Compliance with Other Codes
Permitting & Approval Requirements
Conditional Use Permit
2.8.4 Revocation
2.8.5 Expiration (strike 1 year add 2 years)
Article III
Section 5.4 New Manufactured
5.4.1 Board of Adjustment Submittal
Development & Subdivision Review,
Home Park Site Plan
Requirements
Permitting & Approval Requirements
Article III
Section 7.2
Development & Subdivision Review,
Planned Unit Development
7.2.1 Submittal Procedure
Permitting & Approval Requirements
Article III
Section 7.3
7,3.5 Actions after Decision of Planning
Development & Subdivision Review,
Office & Institutional
Board
Permitting & Approval Requirements
Development Plan
Article IV
Section 2.0 Zoning Map
2.1 Interpretation of District Boundaries
Zoning & Overlay Districts
Article IV
Section 12.0 Highway Corridor
12.2 Permitted &Conditional Uses
Zoning & Overlay Districts
Overlay District - HCO
Article IV
Section 13.0 Military Corridor
13.3 Permitted &Conditional Uses
?oning & Overlay Districts
Overlay District - MCO
Article V
Section 1.0
1.1 General Applicability
Use Regulations
Use Types & Regulations
Article V
Section 1.0
1.2 Table of Use Types &Regulations
Use Regulations
Use Types & Regulations
3.2.1 Multifamily Residential Development:
Article V
Section 3.2
General Regulations
Use Regulations
Multifamily Residential
3.2.2 Multifamily Residential Development:
Specific Regulations
Article V
Section 7.0
7.1.2 Zoo &Petting 200
Use Regulations
Commercial Uses
Article V
Section 7.5 Recreational
7.5.2 Athletic Fields, Private
Use Regulations
Facilities & Uses
7.5.6 Firing Range (indoor & Outdoor)
Article V
Section 9.0 Utility Uses
9.1 Privately Owned Public Utility Structures
Use Regulations
Article V
11.1 Airports & Related Uses
Use Regulations
Section 11.0 Other Uses
11.2.5 Permit (Level ll)
11.3 Firearm Certification Facilities
11.4 Gunsmithing
Article V
Section 11.0 Other Uses
11.7 Mining Activities
Use Regulations
11.8.2 Development Criteria
11.8.5 Review & Approval Procedures
Article VI
Section 2.0
2.1 Principle Buildings Per Lot
General Development Standards
Principle Building Per Lot
Article VII
Section 7.0 Lighting Standards
7.1.1 Applicability
Development Design Guidelines
Article XI
Section 2.0
County Board of
Administration & Boards
Commissioners
Article XI
Section 5.0
5.1 Establishment & Procedure of the Board
Administration & Boards
I Board of Adjustment
I of Adjustment
5.3 Powers & Duties
3.1 Evidentiary Hearing (Quasi-judicial)
Procedures (Conditional Use Permit)
Article XII
3.1.3 Action by the Board of Adjustment
Amendments, Hearing Procedures,
Section 3.0
3.1.4 Conditions of Approval
Appeals & Variances
Hearing & Meeting Procedures
3.1.5 Abandonment of a Conditional Use
Permit
3.1.6 Revocation of a Conditional Use Permit
Article XIII
Enforcement & Penalties
Section 3.0 Violations
3.1 General
Article XIII
Section 6.0 Remedies
Enforcement & Penalties
Article XIV
Section 2.0 General Definitions
2.2 General Definitions (Site Plan (Site
Definitions & Certifications
& Acronyms
Specific Development Plan)
Board Meeting
Agenda Item
MEETING DATE: November l6, 2020
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Proposed Rezoning: Case # PLAN 20104003
REQUESTED BY: Development Services/ Mark Locklear
REQUEST:
Harnett County Unified Development Ordinance; Article X111, Enforcement & Penalties;
Sections 5.0, 6.0. To amend Harnett County's U.D.O. in order to comply with North
Carolina General Statute 160D. This amendment clarifies the appropriate notification
process as it relates to issuing a notice of a violation and is consistent with the newly adopted
language of 160D.
Development Services staff recomends approval based compliance with the County's
regulatory documents as well as the North Carolina General Statutes.
Additional Information:
On November 2nd, the Harnett County Planning Board voted unanimously (4-0) to
recommend approval of application based on compatibility with the NC General Statutes.
No one spoke in opposition.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
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C 0 u Nei r TEXT AMENDMENT REQUEST FORM
NORTH CAROLINA (Internal)
Development Services
108 E. Front Street
P.O. Box 65, Lillington, NC 27546
Phone: (910) 893-7525 Fax: (910) 893-2793
Planning Board. November 2, 2020 County Commissioners: November 16, 2020
Applicant Information: Case Number PLAN2010-0003
Aoolicant:
Name: Harnett County Development Services
Address: 108 E Front St
City/State/Zip: Lillington NC, 27546
E-mail:
Phone: 910-893-7525
Type of Change
® New Addition ®Revision
Unified Development
Ordinance: Ordinance Article
Current Text:
Proposed Text: (Attach additional sheets if necessary)
See attached
Section: 5.0, 6.0
Reason for Requested Change:
To amend Harnett County's U.D.O. in order to comply with North Carolina General Statute
160D. This amendment amendment clarifies the appropriate notification process as it relates
to issuing a notice of a violation and is consistent with the newly adopted language of 160D.
Suggested Statement -of -Consistency: (Staff concludes that...)
The requested Text Amendment is compatible with Harnett County regulatory documents and in
compliance with the NC General Statutes.
Therefore, it is recommended that this Text Amendment request be APPROVED.
Additional Information
On November 2n0, the Harnett County Planning Board voted unanimously (4-0) to recommend approval of
this application based on compliance with the NC General Statutes.
No one spoke in opposition.
Page 1 of 2
ATTACHMENT 1
Red text is proposed, Black text is existing
Article XIII. Enforcement & Penalties
5.0 Notifications
5.1 General
The Administrator shall notify the owner(s) of property and/or permittees) found to be in violation of this
Ordinance in writing by personal delivery serviee, electronic delivery, or first class mail. ; of r4glefed::ui1;
Notifications may be prodded by similar means to the
occupant(s) of the property or person(s) undertaking an activity found to be in violation. The notice of
violation shall give a description of the violation and its location, the measures necessary to correct it, the
possibility of civil penalties and judicial enforcement action, and notice of the right to appeal. The notice
shall also state the time period allowed, if any, to correct the violation. Time period for compliance may vary
depending on the nature of the violation
52 Posted Notice of Violations
The Administrator may give notice by way of posting notice of the violation conspicuously on the
property. The official providing the notice of violation shall certify to the local government that the
notice was provided and the certificate shall be deemed conclusive in the absence of fraud. The notietiee
an iinempt is serve fia6ee. The posting of the notice of violation is we considered County pPropem and
removal of the posting shall be considered a criminal offense. Once the posting has been made, whether
or not the posting has been removed, it shall be treated as official notice of the violation.
6.0 Remedies
In order to ensure compliance with the provisions stated in this Ordinance, the Administrator may utilize
the following remedies to prevent, correct, or abate a violation. In a situation where a development
approval is called to be revoked, the Administrator shall follow that same process as utilized for approval.
Page 2 of 2