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160D amendments_CC Resolution.attachementsHARNETT COUNTY NORTH CAROLINA 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 city- 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 16th day of November 2020 and effective upon adoption. HARNETT COUNTY BOARD OF COMMISSIONERS _______________________________ Mark B. Johnson., Chairman ATTEST: ____________________________________ Margaret Regina Wheeler, Clerk to the Board Article XIV. Definitions & Certifications General Definitions & Acronyms General Definitions Building Any structure used or intended for supporting or sheltering any use or occupancy. Dwelling 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 Dwelling”) 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. Natural Resources Definitions & Acronyms 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 Notifications General The 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 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 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 made, whether or not the posting has been removed, it shall be treated as official notice of the violation. 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 General Provisions Section 4.0 Authority   Article III Development & Subdivision Review, Permitting & Approval Requirements Section 2.0 Permit Requirements 2.3 Certificate of Occupancy (CO) & Building Permits  Article III Development & Subdivision Review, Permitting & Approval Requirements Section 8.0 Subdivision Review Procedures 8.1 Purpose  Article III Development & Subdivision Review, Permitting & Approval Requirements Section 10.0 Vested Rights 10.2 Purpose 10.3 Approval Procedures & Authority 10.4 Duration  Article IV Zoning & Overlay Districts Section 13.0 Military Corridor Overlay District - MCO 13.4 Required Review  Article V Use Regulations Section 11.0 Other Uses 11.2.5 Permit (Level II)  Article VI General Development Standards Section 8.0 Development Agreements 8.1 Public Hearing 8.2 Contents of Development Agreement 8.4 Periodic Review  Article X Natural Resources Section 3.0 Flood Damage Prevention 3.1.1 Statutory Authorization  Article XI Administration & Boards Section 3.0 Planning Board 3.1 Establishment & Procedure of Planning Board  Article XI Administration & Boards Section 5.0 Board of Adjustment 5.1 Establishment & Procedure of the Board of Adjustment  Article XII Amendments, Hearing Procedures, Appeals & Variances Section 2.0 Amendments 2.1.4 Action by the Board of County Commissioners  Article XIII Enforcement & Penalties Section 2.0 Authority    Article XIV Definitions & Certifications  Section 1.0 General Guidelines  1.2 Meaning of Common Words  Article XIV Definitions & Certifications Section 2.0 General Definitions & Acronyms 2.2 General Definitions Site Plan (Site Specific Development Plan)  Article XIV Definitions & Certifications Section 5.0 Natural Resources Definitions & Acronyms 5.2 Natural Resources Definitions Development, Existing Water Supply Watershed   Article Section Sub-Section  Article III Development & Subdivision Review, Permitting & Approval Requirements Section 2.7 Communications Tower Permit 2.7.3 Permit (Level III) 2.7.4 Permit (Level IV)