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HomeMy WebLinkAbout2012/06/18 UDO Text Amendment Art III Dev&Subd & Art IV Zon&OVHARNETT 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 articles 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 Article III "Development & Subdivision Review, Permitting, & Approval Requirements ", Article IV "Zoning & Overlay Districts ", Article V "Use Regulations ", and Article VI "General Development Standards ", of the UDO shall be amended to read as indicated in "Attachment ". "Attachment" is filed with the Unified Development Ordinance in the Clerk to the Board's Office. Duly adopted this 18th day of June, 2012 and effective upon adoption. HARNETT COUNTY BOARD OF COMMISSIONERS Timothy : cNeill, Chairman A . EST: r\ l Margar-t Regina : ' Clerk to the Board eler ATTACHMENT 1 ARTICLE III. DEVELOPMENT & SUBDIVISION REVIEW, PERMITTING, & APPROVAL REQUIREMENTS Section 2.0 Permit Requirements 2.1 Temporary Land Use & Zoning Permit 2.2.2 Temporary Recreational Vehicles A. A temporary land use and zoning permit for a recreational vehicle may be issued for a period of 180 days, renewable for an additional 30 days from staff, or longer as approved by the Board of Adjustment if it is deemed reasonable to allow completion of work, when an existing or proposed primary or secondary residence or commercial facility is deemed uninhabitable due to renovation or construction. Application shall be made for a temporary land use and zoning permit before the use is initiated and not prior to application for a building permit for construction of the primary or secondary residence or commercial facility. The temporary land use and zoning permit shall expire 30 days after issuance of a Certificate of Occupancy (CO) for the primary or secondary residence or commercial facility. B. One (1) recreational vehicle or travel trailer may be parked on the rear or side yard of a lot where a religious assembly structure is located and said recreational vehicle or travel trailer can be used as living quarters by pastors, evangelists, missionaries, gospel singing groups, or church workers affiliated with said religious assembly structure. ARTICLE V: USE REGULATIONS Section 10.0 Temporary Uses 10.4 Residence, Temporary A. Where applicable, a temporary residence shall be permitted for a period of 180 days, renewable for an additional 30 days from staff, or longer as approved by the Board of Adjustment, when an existing or proposed primary or secondary residence, located on the same lot, is deemed uninhabitable due to renovation or construction. Recreational vehicles (RVs) shall be allowed as a temporary residence ARTICLE VI: General Development Standards Section 2.0 Principle Buildings per Lot 2.1 Principal Buildings per Lot Every building hereafter erected, moved or structurally altered shall be located on a lot. And in no case shall there be more than one (1) principal building and its customary accessory buildings on a lot except in the following cases: A. Multifamily residential developments, including condominiums, townhomes, planned unit developments, and shopping centers as approved and permitted in accordance with this Ordinance. B. One (1) secondary residence when placed in such a way that both the secondary and primary residences meet all of the dimensional lot requirements of the applicable zoning district. C. As expressly allowed as part of an approved conditional use permit for uses provided in the "Table of Use Types & Regulations ", issued by the Harnett County Board of Adjustment, more than one (1) principal building may be located on a lot. ATTACHMENT 2 ARTICLE IV. ZONING & OVERLAY DISTRICTS Section 14.0 DIMENSIONAL REQUIREMETNS 14.4 Nonresidential Zoning Minimum Dimensional Requirements ZONING DISTR: Minimum Lot Area (square feet) Minimum Lot Width Minimum Front Yard Setback Minimum Rear Yard Setback Minimum Side Yard Setback Maximum Building Height, Unless : Otherwise Permitted Minimum Side Yard Setback, Corner Lot 43,560 43,560 30,000 5 acres 30,000 UD 150 ft 150 ft 100 ft DP 100 ft UD 50 ft 50 ft 35 ft DP 35 ft 3 50 ft 25 ft 1' 25 ft 1' 25 ft DP 25 ft 3' UD O ft 1' O ft'' Oft - DP 10 ft 3 UD 35 ft 35 ft 35 ft 35 ft 35 ft UD 25 ft 1'3" 25 ft 1'4' 20 ft 4' DP 20 ft UD A. 1* shall mean the listed requirement stands unless adjacent property is zoned residential; then the setback shall be 50 feet. B. 2* shall mean the listed requirement stands unless adjacent property is zoned residential; then the setback shall be 20 feet. C. 3* shall mean that the listed requirement stands and applies to single family dwellings with exception that when the single family dwelling yard is located adjacent to said rivers or creeks (listed below) the yard requirement shall be as follows: 1. Minimum Yard for Cape Fear: 250 ft. 2. Minimum Yard for Black River: 150 ft. 3. Minimum Yard for other creeks: 100 ft. D. 4* shall mean the listed requirement stands unless the lot is adjacent to an access easement and/ or private street; then the setback shall be 15 feet. E. UD shall stand for "Underlying Zoning District" meaning that, where indicated, the regulations of the underlying zoning district shall prevail. F. DP shall stand for "Development Plan" meaning that, where indicated, the regulations for the specified item shall be stated in the required Development Plan. ATTACHMENT 3 ARTICLE V. USE REGULATIONS SECTION 4.0 ACCESSORY USES & STRUCTURES 4.5 Swimming Pools A. Swimming pools shall comply with the latest and applicable version of the North Carolina State Building Code for residential or commercial swimming pools, whichever is applicable. B. 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. C. All swimming pools and surrounding deck areas shall be at least ten (10) feet from any property line, right -of -way, or easement, whichever is closest to the proposed swimming pool location. D. 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. E. 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. F. 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 ATTACHMENT 4 ARTICLE V. USE REGULATIONS SECTION 6.0 EDUCATIONAL & INSTITUTIONAL USES 6.3.1 Daycare Facilities: Specific Regulations Childcare Facility Outdoor activity area(s) shall be enclosed by a security fence shall be located outside of the front building setback as established by this Ordinance. 1. The fence or wall shall be made of any suitable and durable material that is intended for a fence. 2. The fence or wall shall be designed so that a four inch (4 ") diameter sphere cannot pass through any opening. 3. All gates and doors opening through such fence or wall shall have self - closing and self - latching devices which keeps the gate or door closed at all times; however, the door of any dwelling which furnishes part of the enclosure need not be so equipped. 4. Parking areas shall not abut fenced play areas without provisions for ballasts or curbing. Commercial Childcare Facility Outdoor activity area(s) shall be enclosed by a security fence at least five (5) in height and shall be located outside of the front building setback as established by this Ordinance. In -Home Childcare Facility 1. In no case shall any in -home childcare facility have more than that maximum number of children allowable. Of that number, the following requirements must be met: a) No more than five (5) pre - school -age children shall be cared for. b) No more than eight (8) school -age children shall be cared for. 2. Childcare provider must live in the residence full-time. 3. Required outdoor activity area(s): a) Shall be enclosed by a security fence at least four (4) feet in height; b) Shall be located outside of the front building setback as established by this Ordinance; and c) Shall be the product of 75 square feet times 50% of the approved enrollment. ATTACHMENT 5 ARTICLE V. USE REGULATIONS SECTION 11.0 OTHER USES 11.4 Manufactured Home Park 11.4.1 General Provisions E. Recreational Vehicles 1. Park Model Recreational Vehicles a. Parks with less than 20 spaces will be allowed one (1) park model lot and parks with 20 or more spaces will be allowed two (2) park model lots. b. These lots are to be used for temporary living quarters for recreation, camping, travel, and seasonal use. The permit will be valid for one (1) year and renewable by the Administrator or designee for one (1) year periods not to exceed three (3) additional years. 2. Recreational Vehicles (RV's) The following provisions shall apply to RV's, except as defined elsewhere in this Ordinance. a. Park owner(s) shall be responsible for notifying Planning Department of intention to use park lots for recreational vehicles (RVs). i. Revised site plan shall be submitted for review and approval by Development Review Board, as required elsewhere in this Ordinance, prior to establishment of use. In addition to site plan requirements in Subsection "New Manufactured Home Park Site Plan" of Article III "Development & Subdivision Review, Permitting, & Approval Requirements" of this Ordinance, site plan shall indicate park lots to be designated for said use. ATTACHMENT 6 ARTICLE VII. DEVELOPMENT DESIGN GUIDELINES Section 10.0 Sign Requirements 10.2.1 General Sign Setbacks No sign may be located in, or overhang into, any public right -of -way except as permitted and erected by the North Carolina Department of Transportation. Signs shall be set back at least 10 feet from any public right(s) -of -way line or property line. In cases where signs are placed at intersections, the minimum setback shall be 20 feet as measured from each right -of -way line or property line in both directions, except those erected for orderly traffic control and other municipal and governmental purposes. 10.5 Lighting & Illumination Where illuminated signs are permitted, they shall conform to the following requirements: A. All signs illuminated under the provisions of this section shall be constructed to meet the requirements of the National Electric Code. B. Display lighting of signs shall be shielded so as to prevent the direction of such light into any area or structure used primarily for residential purposes, residential zoning district, and /or vehicles approaching on a public right -of -way from any direction. No intermittent lighting effects shall be permitted on signs. C. Signs which contain, include, or are lighted by any flashing, intermittent, or moving lights are prohibited, except as follows: 1. Illuminated signs shall be permitted to provide information such as time, temperature, date, and public announcements related to the business on -site only. 2. Such signs shall be permitted only as part of an otherwise permitted sign or in conjunction with a permitted replacement of an existing sign, provided that the illuminated portion shall be at least 15 percent (15 %) of the total square footage area of the sign and shall not exceed 35 percent (35 %) of the total square footage area of the sign. 3. Messages on such signs shall not change more than seven (7) times per minute.. In no case shall an animated presentation or animated change of frame be allowed. 4. Illuminated signs, as an addition to an existing sign, shall be comparable in composition, durability, and workmanship to the existing sign.