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Home My WebLink About07/18/88 - 06/05/00 Zoning Regulations, Administration, & Enforcement OrdinanceFOR REGISTRATION REGISTER OF DEEDS KHARNETT COUNT E Y. NC 2001 MAR 28 03:17: 37 PM BK INSTRUMENTBM 200100 486500.00 ZONING ORDINANCE OF HARNETT COUNTY, NORTH CAROLINA Adopted July 18, 1988 For Averasboro, Black River, Buckhorn, Duke, Grove, Hector's Creek and Neill's Creek Townships Adopted June 5, 2000 For Anderson Creek, Barbecue, Johnsonville, Lillington and Upper Little River Townships As Amended through February 19, 2001 TABLE OF CONTENTS Article I Title, Purpose, Authority, and Effective Date of the Zoning Ordinance ......................... 6 Section1.0 Title ............................................................................................. ..............................6 Section2.0 Purpose ........................................................................................ ..............................6 Section3.0 Authority ..................................................................................... ..............................6 Section4.0 Effective Date .............................................................................. ..............................6 ArticleII Jurisdiction ................................................................................................ ..............................6 Article III Exemption of Bona Fide Farms .............................................................. ............................... 6 Article IV General Provisions ................................................................ ............................... Section 1.0 Application of the Zoning Ordinance ............................ ............................... Section 2.0 Continuation of Nonconforming Situations ................... ............................... Section 3.0 Relationship of Building to Lots ................................... ............................... Section 4.0 Required Yards Not to be Used by Another Building ..... ............................... Section 5.0 Reduction of Lot and Yard Areas Prohibited ................. ............................... Section 6.0 Public Access to Property ............................................. ............................... Section 7.0 Projections into Public Right -of- Ways .......................... ............................... Section8.0 Buffers ........................................................................ ............................... Section 9.0 Height Limitation Exceptions ....................................... ............................... Section 10.0 Curb Cuts Giving Access to Public Right -of- Ways ...... ............................... Section 11.0 Corner Visibility ........................................................ ............................... Section 12.0 Standards for Effluent and Emissions .......................... ............................... Section 13.0 Sedimentation Control ............................................... ............................... Section 14.0 Nonresidential Manufactured Home Use and Temporary Buildings ............. Section15.0 Accessory Buil ding .................................................... ............................... Section 16.0 Interpretation of District Boundaries ........................... ............................... Section 17.0 Conflict with Other Laws or Regulations .................... ............................... Section 18.0 Severability of Ordinance ........................................... ............................... Section19.0 Remedies .................................................................. ............................... Section 20.0 Penalties for Violating Any Provisions of this Ordinance ............................ Section 21.0 Public Utility Structures and Facilities ........................ ............................... Article V Official Zoning Map 7 7 7 .....10 .....10 .....10 .....11 .....11 ..... i l .....11 .....11 .....11 .....11 .....12 .....12 .....12 .....12 .....13 .....13 .....13 .....13 14 Article VI Zoning Districts and Regulations .......................................................... .............................14 Section1.0 industrial District ......................................................................... .............................15 Section 2.0 Commercial Business District ...................................................... .............................18 Section 3.0 Conservation District ................................................................... .............................22 Section 4.0 Residential /Agricultural District - RA- 40 ...................................... .............................23 Section 5.0 Residential /Agricultural District - RA- 30 ...................................... .............................26 Section 6.0 Residential /Agricultural District RA- 20M ..................................... .............................32 2 Section 7.0 Residential /Agricultural District - RA- 20R .................................... .............................38 Article VII Conditional Uses .................................................................................... ............................... 44 Section 1.0 Application for Conditional Use Permit ....................................... .............................44 Section 3.0 Action by the Board of Adjustment .............................................. .............................44 Section 4.0 Conditions and Guarantees ........................................................... .............................45 Section 5.0 General Provisions in Granting Conditional Use Permits ............... .............................45 Article VII1 Parking and Off - Street Loading Requirements ................................... .............................46 Section 1.0 Off - Street Parking Requirements .................................................. .............................46 Section 2.0 Off - Street Loading Requirements ................................................. .............................48 Article IX Sign Requirements ................................................................................... .............................49 Section 1.0 Certain Classes of Signs Permitted in all Zoning Districts .............. .............................49 54 Section2.0 Maintenance ................................................................................ .............................50 Section3.0 Illumination ................................................................................ .............................50 Section 4.0 Setback Requirements .................................................................. .............................50 Section5.0 Sign Dimension ........................................................................... .............................51 Section 6.0 Nonconforming Signs .................................................................. .............................51 Section7.0 Prohibited Signs .......................................................................... .............................51 Section8.0 Administration ............................................................................ .............................52 Section9.0 Filing Procedure .......................................................................... .............................52 Section 10.0 Business Signs ........................................................................... .............................52 Section 11.0 Outdoor Advertising Signs ........................................................ .............................53 Article X Planned Unit Development ................................................................... ............................... 54 Section1.0 General.... ..... - ........................................................................................................ 54 Section 1.1 Application Requirements ............................................................ .............................54 Section1.2 Conformity to Plan ...................................................................... .............................54 Section1.3 Internal Streets ............................................................................ .............................54 Section1.4 Zero Lot Lines ............................................................................. .............................55 Section 1.5 Planned Developments Not Exeinpt .............................................. .............................55 Section 1.6 Residential Planned Unit Developments ....................................... .............................55 Section 1.7 Commercial and Industrial Planned Developments ........................ .............................55 Section 1.8 Dimensional Requirements .......................................................... .............................55 Section 1.9 Density Calculat ions .................................................................... .............................56 Section1.10 Density Bonus ........................................................................... .............................56 Section 1.11 Commercial, Office, and Professional Facilities ........................... .............................56 Section 1.12 Common Open Space ................................................................ .............................57 Section1.13 Site Planning ............................................................................. .............................58 Section 1.14 Homeowners'(or Property Owners) Association .......................... .............................59 Section 2.0 Plat Preparation and Approval Procedures .................................... .............................59 Section2.1 Sketch Plan ................................................................................. .............................60 Section 2.2 Preliminary Plat and Outline Development Plan Approval ............. .............................60 Section 2.3 Content of the Preliminary Plat ..................................................... .............................60 i] Section 2.4 Planning Board Action ................................................................. .............................61 Section 2.5 Development in Stages ................................................................ .............................61 Section 2.6 Other Review Agencies Comments .............................................. .............................61 Section 2.7 Content of the Final Plat .............................................................. .............................61 Section 2.8 Planning Board Action ................................................................. .............................63 Section 2.9 Action by Board of County Commissioners.. ............................................................. 63 Section 2.10 Approval Not to Constitute Acceptance ...................................... .............................63 Section2.11 Recording of Plat ....................................................................... .............................63 Section 2.12 Resubdivision Procedures .......................................................... .............................64 Section 2.13 Penalties for Violating Any Provisions of this Ordinance ............. .............................64 Section2.14 Variances .................................................................................. .............................64 Section 2.15 Guarantee of Improvements ....................................................... .............................64 Section 3.0 Water and Sewer Service Requirements ....................................... .............................65 Section 3.1 Water Supply System: .............................................................................................. 65 Section 3.2 Sewage Disposal System .............................................................. .............................67 Section 4.0 Off Street Parking Requirements .................................................. .............................69 Section 4.1 Minimum Parking Space Requirements ........................................ .............................69 Section4.2 Lighting ...................................................................................... .............................70 Section 4.3 Improvements, Design and Location Standards ............................. .............................70 Section 4.4 Parking Area Surface Requirements ............................................. .............................70 Section 4.5 Individual Parking Space Size Requirements ................................. .............................70 Section 5.0 Off Street Loading Requirements ................................................. .............................70 Section5.1 Design Criteria ............................................................................ .............................70 Section 5.2 Requirements for Specified Uses .................................................. .............................71 Section 6.0 Sign Requirements ...................................................................... .............................71 Section6.1 Prohibited Signs .......................................................................... .............................71 Section6.2 Illumination ................................................................................ .............................71 Section 6.3 Setback Requirements .................................................................. .............................71 Section 6.4 Calculation of Sign Dimensions ................................................... .............................71 Section 6.5 Sign Size Requirements ............................................................... .............................72 Section 6.6 Signs for Residential Uses ............................................................ .............................72 Section 6.7 Application Procedure ................................................................. .............................72 Section6.8 Administration ............................................................................ .............................72 Section 7.0 Naming of Planned Unit Developments and Other Required Improvements .................73 Section 7.1 Naming of Planned Unit Developments ........................................ .............................73 Section7.2 Street Signs ................................................................................. .............................73 Section7.3 Sidewalks .................................................................................... .............................73 Section 8.0 Lot and Setback Requirements ..................................................... .............................73 Section8.1 Lot Requirements ........................................................................ .............................73 Section 8.2 RESERVED FOR FUTURE USE ................................................ .............................74 Section 8.3 Minimum Building Setback Requirements .................................... .............................74 Section 8.4 Special Requirements for Nonresidential Uses .............................. .............................74 Section 8.5 Dimensional Requirements for Nonresidential Uses ...................... .............................75 Section 9.0 Specialized Residential Uses Within Planned Unit Developments . .............................75 Section9.1 Residential Uses ......................................................................... .............................75 Section 10.0 Administration of the Planned Unit Development Section ............ .............................76 Section10.1 Amendments ............................................................................. .............................76 Section10.2 Conflicts ................................................................................... .............................76 4 Section10.3 Fees .......................................................................................... .............................76 Section 10.4 Duty of Register of Deeds .......................................................... .............................76 Section. 10.5 Penalty ...................................................................................... .............................76 Section11.0 Exceptions ................................................................................ .............................76 Section 12.0 Definitions and Interpretations .................................................... .............................77 Section13.0 Certificates ................................................................................ .............................81 ArticleXI Mining General Regulations ................................................................... .............................83 Section1.0 Findings ...................................................................................... .............................83 Section 2.0 Statement of Purpose ................................................................... .............................83 Section3.0 Definitions .................................................................................. .............................83 Section 4.0 Permit Application ....................................................................... .............................83 Section 5.0 Screening Standards .................................................................... .............................84 Section 6.0 Vibration Standards ..................................................................... .............................84 Section 7.0 Non - Conforming Mining Operations ............................................ .............................84 Article XII Board of Adjustment .............................................................................. .............................84 Section 1.0 Creating the Board of Adjustment ................................................ .............................84 Section2.0 Powers and Duties ....................................................................... .............................85 Section 3.0 Filing and Notice of an Appeal ..................................................... .............................86 Section 4.0 Fees for Variances or Appeals ...................................................... .............................86 ArticleXIII Changes and Amendments ..................................................................... .............................86 Section 1.0 Action by the Applicant ............................................................... .............................86 Section 2.0 Action by the Planning Board ....................................................... .............................87 Section 3.0 Action by the Board of County Commissioners ............................. .............................87 Article XIV Administration and Enforcement .......................................................... .............................88 Section1.0 Administration ............................................................................ .............................88 Section2.0 Enforcement ................................................................................ .............................88 Section 3.0 Land Use Permit for New, Altered, or Temporary Uses ................. .............................88 Section 4.0 Application for Land Use and Building Permits ............................. .............................88 Section5.0 Fees ............................................................................................ .............................89 Section 6.0 Expiration of Land Use Permit ..................................................... .............................89 Section 7.0 Construction and Use to be as Stated on Land Use Permit .............. .............................89 Section 8.0 Certificate of Occupancy .............................................................. .............................89 Section9.0 Right of Appeal ........................................................................... .............................89 Section 10.0 Duties of Zoning Administrator, Board of Adjustment, Courts and County Board of Commissioners as to Matters of Appeal ............................... .............................89 Article XV Definitions 5 90 ZONING ORDINANCE OF HARNETT COUNTY 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 Zoning Ordinance Section 1.0 Title 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 County 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 Jurisdiction 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 The provisions of this Ordinance shall not apply to bona fide farms (as defined in Article XV). This Ordinance does not exercise any controls over cropland, timberland or other farmlands. Nor does it exercise control over any barn or other farm buildings, including houses for persons working on said farms and their families, as long as such houses shall be in same ownership as the farm and located on the farm and shall not exceed four (4) residences. All buildings, including residences, shall meet the following setbacks: distance of structure from front property line or street right -of -way (whichever is greater) thirty-five (35) feet; distance of structure from side property lines, ten (10) feet, except on corner lots which shall require twenty (20) feet; distance of structure from rear property lines, twenty -five (25) feet; and distance of structure from any other structure, ten (10) feet. 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 Application 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 N onconforming 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 structures or uses may be continued, provided they conform to the provisions in Section 2. Section 2.0 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. if a minor subdivision has been approved and improvements completed (i.e. streets, water and /or sewer) or a major subdivision has been approved and a multi - section manufactured home has been permitted and occupied on one or more lots in the subdivision prior to June 5, 2000, then the owner of a lot in any such subdivision may place a multi- section manufactured home on any other lot in the subdivision for residential purposes, provided all requirements of the ordinance are met regarding front, side and rear yard setbacks and provided the water and sewage disposal systems have been approved by the Harnett County Health Department. 2.3. Extension or Enlargement of Non-Conforming Situations Except as specifically provided in this Section, it shalt 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 - confonning 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. 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: I . 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. 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- wide" manufactured home may be replaced with a "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: 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. 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 Use 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 -Confo Situations. i 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 nonconforming 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 nonconforming 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 Ordnance. 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 mvav 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. Section 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. Section 5.0 Reduction of Lot and Yard Areas Prohibited No yard or lot existhmg 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. 10 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 Protections 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, flagpoles, 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 I-lighways. Provisions for all access work done on highway right -of -way are 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 comer 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 comer lots and a base line joining points along right -of -way lines twenty five (25) feet from the intersection right-of-way comer. 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 confommity with applicable federal, state, or county health and environmental quality regulations. Section 13.0 Sedimentation Control All land- disturbing activities shall meet the requirements of the North Carolina General Statutes. Section 14.0 Nonresidential Manufactured Home Use and Temporary 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. Section 15.0 Accessory Building No accessory building shall be erected in any required yard or within five (5) feet of any other building. Accessory buildings not exceeding 600 -sq. ft. may be permitted in the required side and rear vards 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 Conflict with Other Laws or Reeulations It is not intended by this Ordi>ance 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 12 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. Section 18.0 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- scetion, 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 Remedies 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. Section 20.0 Penalties for Violating Any Provisions of this Ordinance 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 that 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 lines, 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 8.0 Buffers of this Ordinance. 13 Article V Official Zoning Mai) 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 V1 Zoning 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 RA40 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 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. 14 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. Mini - Warehouse (Self Storage) Subject to the following requirements: I . Maximum Building Height of twenty (20) feet. 2. A secured fence of at least six (6) feet in height shall surround the perimeter of the storage facility. 3. Adequate lighting shall be provided to illuminate the storage facility. The minimum size streetlight shall be a 175 -watt Mercury-vapor (approximately 7,000 lumen class) or its equivalent, spaced at intervals of not more than 300 feet. 4. No outside storage shall be permitted except as provided below. 5. Outdoor storage of boats, vehicles (including motorcycles) and recreational vehicles in designated spaces shall meet the following requirements: a. One (1) outdoor storage space per every five (5) indoor storage units. b. Outdoor storage space(s) shall be located at the rear of the site. 6. The storage of hazardous, toxic, or explosive substances shall be prohibited. 7. No business activity shall be conducted within the storage units. 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 anv 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 15 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* K. Adult motion picture theatres* L. Adult nightclub* M. Adult bookstores* N. Land Clearing and Inert Debris Landfill (LCID Landfill), subject to the following requirements: a. Size Requirement: No minimum size requirement b. Access to a LCID Landfill must be from a road that is a State Department of Transportation maintained road or private road, if it has a right -of -way width of at least thirty (30) feet and a travel -way width of not less than twenty (20) feet. Any access that does not abut one of the above roads, entrances, etc. must also have a right -of -way width of not less than thirty (30) feet and a travel -way width of twenty (20) feet. The travelway shall be constructed with five (5) inches of aggregate base coarse, compacted, and adequately maintained in a dust free state at all times as possible. C. Buffer: A densely planted vegetative or dense natural vegetative strip or a combination of the two that is not less than twenty (20) feet in width of continuous evergreen or deciduous composition, consisting of trees, or shrubs native to the area, which must not be less than six (6) feet in height within one (1) year, shall be provided along the perimeter of the dump site (except for an ingress or egress that shall not be more than thirty (30) feet in width). The planted and/or natural buffer must be maintained in natural living conditions at all times by the property mvner(s) or leaseor(s). d. Site Plan required showing: (1) Names and addresses of property owners, operators, or developers (2) Date, scale, and approximate north arrow (3) Boundaries, scale, and approximate dimensions and bearings (4) Show buffers and ingress /egress, and any other information pertinent to the parcel (5) Vicinity Map (6) if the application is for an expansion, show the size and location of any existing area being operated as a L.C.I.D. Landfill (7) Any existing buildings on the property as well as any existing land uses (8) A Driveway Permit issued by the North Carolina Department of Transportation as to their approval must be received before the Conditional Use Permit is officially released (9) A permit or certification from the North Carolina Department of Environment, Health and Natural Resources Solid Waste Section must be received before the Conditional Use Permit is officially released A survey map may be used as a base map for the site plan. 0. Day Care and Elderly Care Facilities * Subject to Additional Requirements in Section 1.7 16 1.3 Dimensional KNuirements The following regulations limiting the bulk and arrangement of buildings shall govern all permitted uses in this district. Minimum Lot Area - I 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. Minimum Required Front Yard - 50 feet measured from the front property line or right-of way line shall be devoted for sidewalks, grass, plants, and 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) L5 Signs (as required by Article tX) 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, svnagogue, 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. 17 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 E. 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 v<Tceking yards H. Outdoor display, storage, or sale of vehicle or other equipment 1. 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 M Mini - Warehouse (Self- Storage) Subject to the following requirements: I. Maximum Building Height of twenty (20) feet. 2. A secured fence of at least six (6) feet in height shall surround the perimeter of the storage facility. 3. Adequate lighting shall be provided to illuminate the storage facility. The minimum size streetlight shall be a 175 watt Mercury-vapor (approximately 7,000 lumen class) or its equivalent, spaced at intervals of not more than 300 feet. 4. No outside storage shall be permitted except as provided below. 5. Outdoor storage of boats, vehicles (including motorcycles) and recreational vehicles in designated spaces shall meet the following requirements: a. One (1) outdoor storage space per every five (5) indoor storage units. b. Outdoor storage space(s) shall be located at the rear of the site. 6. The storage of hazardous, toxic, or explosive substances shall be prohibited. 7. No business activity shall be conducted within the storage units. 0. Flea Markets, Rummage and Second Hand Sales and Activities (indoors or outdoors) subject to the following requirements: I. Provided that all outdoor articles (as defined in "Flea Markets "), display tables and/or racks, tents, tarps, shelters, coverings of any type or vehicles used shall be removed from dusk to dawn. 2. Preparation and sale of perishable foods shall be regulated by the following General Statutes: 130A -247, T15A:NCACI8A.2600, Chapter 106 Article 12 106 -120 through 106 -145 and Article 26 106 -246 through 106 -268.1 (indoor or outdoors). 3. Sale or trade of domestic or farm aninnals shall be prohibited (indoors or outdoors). 18 4. Any buildings or structures shall meet the current N.C. Building Code and N.C. Accessibility Code for indoor use. P. Manufactured home, modular home and recreational vehicle sales, including related repair activities and sale of parts 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. C. Mining activities (as regulated by Article XI) D. Uses designated as permitted uses in the Industrial Zoning District (not including outdoor advertising signs) E. Existing industrial uses applying for permits to expand F. Massage parlors* G. Adult motion picture theatres* H. Adult nightclub* 1. Adult bookstores* J. Land Clearing and Inert Debris Landfill (LCID Landfill), subject to the following requirements: a. Size Requirement. No minimum size requirement b. Access to a LCID Landfill must be from a road that is a State Department of Transportation maintained road or private road, if it has a right-of-way width of at least thirty (30) feet and a travel -way width of not less than twenty (20) feet. Any access that does not abut one of the above roads, entrances, etc. must also have a right-of-way width of not less than thirty (30) feet and a travel -way width of twenty (20) feet. The travelway shall be constructed with five (5) inches of aggregate base coarse, compacted, and adequately maintained in a dust free state at all times as possible. C. Buffer: A densely planted vegetative or dense natural vegetative strip or a combination of the two that is not less than twenty (20) feet in width of continuous evergreen or deciduous composition, consisting of trees, or shrubs native to the area, which must not be less than six (6) feet in height within one (1) year, shall be provided along the perimeter of the dump site (except for an ingress or egress that shall not be more than thirty (30) feet in width). The planted and/or natural buffer must be maintained in a natural living conditions at all times by the property owner(s) or leaseor(s). d. Site Plan required showing: (l) Names and addresses of property owners, operators, or developers (2) Date, scale, and approximate north arrow (3) Boundaries, scale, and approximate dimensions and bearings (4) Show buffers and ingress /egress, and any other information pertinent to the parcel (5) Vicinity Map (6) If the application is for an expansion, show the size and location of any existing area being operated as a L.C.I.D. Landfill (7) Any existing buildings on the property as well as any existing land uses 19 (8) A Driveway Permit issued by the North Carolina Department of Transportation as to their approval must be received before the Conditional Use Permit is official ly released (9) A permit or certification from the North Carolina Department of Environment, Health and Natural Resources Solid Waste Section must be received before the Conditional Use Permit is officially released A survey map may be used as a base map for the site plan. K. Day Care and Elderly Care Facilities L. Recreational Vehicle Park ** * Subject to Additional Requirements in Section 2.7 * *Subject to additional requirements in Section 2.8 2.3 Dimensional Requirements The following regulations linutuig die bulk and arrangement of buildings shall govern all permitted and conditional uses in die 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 die Subdivision Regulations of Hamett 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 properly line. Maximum Building Height - 35 feet Comer 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 die distance specified for front vards of lots fronting on such side street. 2.4 Off Street Parking and Loadine (as required by Article VIII) 2.5 Sigm (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, 20 south, east and west directions. 2.8 Recreational Vehicle Park Requirements- Site Plan required by a registered engineer or licensed surveyor showing the following: Size of Recreational Vehicle Park - All parks shall have a gross land area of at least three (3) acres. Size of Individual Recreational Vehicle Space - Minimum Space Size: 1,000 Square Feet Minimum Space Width: 20 Feet Separation of Recreational Vehicle Spaces - Recreational Vehicles shall be separated from each other and from other structures by at least ten (10) feet. No more than one recreational vehicle may be parked on any one space and shall not be permitted on lots other than those approved through these regulations. Recreation Area - A recreation area will be developed and maintained that shall be located for safe and convenient access to campers and shall meet the following size requirements: Gross Land Area (Acres) Percentage of Recreation Area 3.00-6.0 7% 6.01 -9.0 6% >9.01 5% Planting Strips - The park shall have a planting strip not less than ten (10) feet wide adjacent to the park boundary and shall be maintained by the park owner. The planting strip shall be planted with evergreen or deciduous tress, not more than eight (8) feet apart and shall not be a portion of any recreational vehicle space, street or private drive. Public Street Access - No recreational vehicle space within a park shall directly access a public road and such access must be approved by the North Carolina Department of Transportation. Access to all campers and accessory strictures within the campground shall be made using internal streets. Minimum Standards for Internal Streets - Internal streets shall have a minimum width of fifteen (15) feet and shall be compacted and layered with four (4) inches of aggregate base course. Cul- de -sacs in a recreational vehicle park shall be limited to a maximum length of five hundred (500) feet and shall be provided with a permanent turnaround not less than sixty (60) feet in diameter. Maintenance of all internal streets and drainage facilities shall be the responsibility of the owner of the campground. Parking - Each recreational vehicle space shall have off -road parking for one trailer and parking space for at least one (1) car. Each space shall be sited so that the parking, loading, or maneuvering of a recreational vehicle shall not necessitate the use of any public street, sidewalk, or right -of -way or any private grounds not part of the park. Utilities - Installation and provision for water and sewage disposal shall be according to the standards of the Harnett County Department of Public Utilities Comprehensive Water and Sewer Plans and the Harnett County Health Department. 21 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 Permitted Uses 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. 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. 22 Section 4 0 Residential /Agricultural District - RA -40 The RA40 ResidentiaUAgricultural District is established exclusively as a single - family residential and agricultural district. 4.1 Permitted Uses 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. 1. 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 sN ironing 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. C. all buildings containing in xhanical or chemical feeding equipment associated with time 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 a%%-ay from the outside edge of the pool without the approval of such utility company h. a water discharge plan for die 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 (l) of the follow-ing ways: (1) waste water shall drain directly into the street stone 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. I Recycling collection centers K. Recreational vehicles and travel trailers parked or stored in rear or side yard of any lot; provided that no living quarters shall be maintained, nor any business conducted therein while such recreational vehicle or travel trailer is so parked or stored (not subject to lot requirements). 23 One (1) recreational vehicle or travel trailer may be parked on the rear or side yard of a lot where a church 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 church. 4.2 Conditional Uses A. Planned Unit Developments, residential only B. Grocery Stores and Business Establishments (convenience type) C. Automobile Service Stations D. Recreational Facilities E. Restaurants F. Offices for Business, Professional, and Governmental Services G. Trades catering to households and business establishments H. Recreational vehicles and travel trailers parked or stored in rear or side yard of any lot; provided that no living quarters shall be maintained, nor any business conducted therein while such recreational vehicle or travel trailer is so parked or stored (not subject to lot size requirements). 1. 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. I Privately owned Public Utility Structures and Facilities IC Mining activities (as regulated by Article XI) L. Land application of sludge or petroleum contaminated soil (as regulated by the State of North Carolina) M. Land Clearing and Inert Debris Landfill (LCID Landfill), subject to the following requirements: a. Size Requirement: No nummmn size requirement b. Access to a LCID Landfill must be from a road that is a State Department of Transportation maintained road or private road, if it has a right -of -way width of at least thirty (30) feet and a travel -way width of not less than twenty (20) feet. Any access that does not abut one of the above roads, entrances, etc. must also have a right -of -way width of not less than thirty (30) feet and a travel -way width of twenty (20) feet. The travelway shall be constructed with five (5) inches of aggregate base coarse, compacted, and adequately maintained in a dust free state at all times as possible. C. Buffet A densely planted vegetative or dense natural vegetative strip or a combination of the two that is not less than twenty (20) feet in width of continuous evergreen or deciduous composition, consisting of trees, or shrubs native to the area, which must not be less than six (6) feet in height within one (1) year, shall be provided along the perimeter of the dump site (except for an ingress or egress that shall not be more than thirty (30) feet in width). The planted and/or natural buffer must be maintained in a natural living conditions at all times by the property owner(s) or leaseor(s). d. Site Plan required showing: (1) Names and addresses of property owners, operators, or developers (2) Date, scale, and approximate north arrow (3) Boundaries, scale, and approximate dimensions and bearings (4) Show buffers and ingress /egress, and any other information pertinent to the parcel 24 (5) Vicinity Map (6) If the application is for an expansion, show the size and location of any existing area being operated as a L.C.I.D. Landfill (7) Any existing buildings on the property as well as any existing land uses (8) A Driveway Permit issued by the North Carolina Department of Transportation as to their approval must be received before the Conditional Use Permit is officially released (9) A permit or certification from the North Carolina Department of Environment, Health and Natural Resources Solid Waste Section must be received before the Conditional Use Permit is officially released A survey map may be used as a base map for the site plan. N. Dav Care and Elderly Care Facilities 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 tine 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 rightofway 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 comer lots) Maximum Building Height - 35 feet Comer 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 Loadin (as required by Article VIII) 4.5 Signs (as required by Article IX) 25 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 muhi- family structures. 5.1 Permitted Uses A. Single Family, Two Family Dwellings B. Customary Home Occupations C. Bona Fide Famis D. Churches, Chapels, Temples, Synagogues E. Rectories, Parsonages, Manses, Parish Houses F. Schools, Colleges, Hospitals, Parks, Club Facilities, Community Centers G. Familv 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 construction. 1. Recreational vehicles and travel trailers parked or stored in rear or side yard of any lot; provided that no living quarters shall be maintained, nor any business conducted therein while such recreational vehicle or travel trailer is so parked or stored (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 stoma 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 26 L. Multi- Section Manufactured Homes meeting the following appearance standards: 1. The structure must be a multi- section unit built to the H.U.D. code for manufactured homes. 2. When located on the site, the longest axis of the unit must be parallel to the lot frontage. 3. The structure must have a pitched roof that is covered with shingles. 4. The structure must have masonry underpinning that is continuous, permanent and unpierced except for ventilation and access. 5. The exterior siding must be horizontal lap siding consisting predominantly of vinyl, aluminum, wood or hardboard. 6. The minimum lot size must be one (1) acre excluding any street right -of -way and the minimum lot frontage must be 150 feet as measured at the right -of -way line or along an easement whichever applies. 7. The tongue or towing device must be removed. M. One (1) recreational vehicle or travel trailer may be parked on the rear or side yard of a lot where a church 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 church. 5.2 Conditional Uses 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: (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 come from the State of North Carolina. The certification for public sewage disposal must come from the Harnett County Utilities Director. I 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. Existing commercial uses applying for pemuts to expand N. Existing industrial uses applying for permits to expand O. 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. Land application of sludge or petroleum contaminated soil (as regulated by the State 27 of North Carolina) Q. Manufactured Homes R. Land Clearing and Inert Debris Landfill (LCID Landfill), subject to the following requirements: a. Size Requirement: No minimum size requirement b. Access to a LCID Landfill must be from a road that is a State Department of Transportation maintained road or private road, if it has a right -of -way width of at least thirty (30) feet and a travel -way width of not less than twenty, (20) feet. Any access that does not abut one of the above roads, entrances, etc. must also have a right -of -way width of not less than thirty (30) feet and a travel -way width of twenty, (20) feet. The travelway shall be constructed with five (5) inches of aggregate base coarse, compacted, and adequately maintained in a dust free state at all times as possible. C. Buffer: A densely planted vegetative or dense natural vegetative strip or a combination of the two that is not less than twenty (20) feet in width of continuous evergreen or deciduous composition, consisting of trees, or shrubs native to the area, which must not be less than six (6) feet in height within one (1) year, shall be provided along the perimeter of the dump site (except for an ingress or egress that shall not be more than thirty (30) feet in width). The planted and/or natural buffer must be maintained in a natural living conditions at all times by the property owner(s) or leaseor(s). d. Site Plan required showing: (1) Names and addresses of property owners, operators, or developers (2) Date, scale, and approximate north arrow (3) Boundaries, scale, and approximate dimensions and bearings (4) Show buffers and ingress /egress, and any otter information pertinent to the parcel (5) Vicinity Map (6) If the application is for an expansion, show the size and location of any existing area being operated as a L.C.I.D. Landfill (7) Any existing buildings on the property as well as any existing land uses (8) A Driveway Permit issued by the North Carolina Department of Transportation as to their approval must be received before the Conditional Use Permit is officially released (9) A permit or certification from the North Carolina Department of Environment, Health and Natural Resources Solid Waste Section must be received before the Conditional Use Permit is officially released A survey map may be used as a base map for the site plan. S. Condominium Developments ** T. Townhome Developments * ** U. Mini - Warehouse (Self - Storage) Subject to the following requirements: 1. Maximum Building Height of twenty (20) feet. 2. A secured fence of at least six (6) feet in height shall surround the perimeter of the storage facility. 3. Adequate lighting shall be provided to illuminate the storage facility. The minimum size streetlight shall be a 175 watt Mercury-vapor (approximately 7,000 lumen class) or its equivalent, spaced at intervals of not more than 300 feet. 4. No outside storage shall be permitted except as provided below. 5. Outdoor storage of boats, vehicles (including motorcycles) and recreational vehicles in designated spaces shall meet the following requirements: a. One (1) outdoor storage space per every five (5) indoor storage units. 28 b. Outdoor storage space(s) shall be located at the rear of the site. 6. The storage of hazardous, toxic, or explosive substances shall be prohibited. 7. No business activity shall be conducted within the storage units. * NOTE: All conditional uses subject to site plan requirements (See Article IV, Section 8). ** Subject to Additional Requirements in Section 5.6 * ** Subject to Additional Requirements in Section 5.7 5.3 Dimensional Requirements The following regulations limiting the bulk and arrangement of buildings shall govem 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 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 properly line Minimum Required Side Yard - 10 feet measured from the side property lines (see also requirements for corner lots) Maximum Building Height - 35 feet Comer 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 Parking and Load ng (as required by Article VIII) 5.5 Signs (as required by Article IX) 5.6 Condominium Developments Condominium developments built within the planning jurisdiction of Harnett County are subject to the following special conditions and requirements and all other applicable ordinances. A. A declaration establishing a condominium development must be prepared which satisfies the requirements of the N, C. Unit Ownership Act (G. S. 47A -1 et seq.). This declaration shall be filed with the plans for the development. The plans and declaration shall be submitted with the Conditional Use Permit application B. Residential density shall not exceed nine (9) dwelling units per acre and shall meet any applicable Watersupply Watershed Ordinance requirements. 29 C. A minimum of 15 % of the tract must be set aside for recreation. Of the total set aside 5% of the area must be developed for active recreation. This area must be installed and maintained by the developer until ownership is transferred to the Homeowner's Association. D. Private roads are permitted; however, the declaration must contain a statement addressing road maintenance and ownership. All roads within a condominium development, whether private or public, shall be paved. E. Parking spaces are required at the rate of 1'h spaces per dwelling unit. Each parking space shall be no less than 9'x20'. F. Parking lots shall be paved and all driveways shall meet the current N.C. Department of Transportation standards for driveways. G. When parking lots are within the required front yard, the minimum front yard shall be increased by an additional 20 feet. H. Separation between buildings within the development shall be according to the North Carolina Building Code, Volume I, General Construction. I. The minimum setback requirements for the front, rear and side yards as specified in the County's Zoning Ordinance shall apply. For buildings located on the periphery of a development, the minimum side yard requirement for the respective zoning districts shall be met. I. Maximum building height, minimum lot size, yard requirements except as noted elsewhere, and minimum lot frontage shall meet the requirements of the applicable zoning districts. K. All plats shall show Parcel Identification Numbers, net acreage and gross acreage. Recordation of the declaration and plan shall be completed by the developer or his agent within ninety (90) calendar days following approval by the Board of Commissioners or such approval shall be null and void. 5.7 Townhome Developments Townhome developments are subject to the following special conditions and requirements as well as all other applicable ordinances. A In a townhome development in which any facilities such as but not limited to streets, parking areas, recreation facilities and common open space are to be held and maintained in common ownership a Homeowner's Association shall be organized. Documents showing the association's organizational structure and by -laws as well as a master development plan for the property shall be filed with the Planning Department. For townhome developments, the aforementioned documents shall become part of the application for a conditional use permit. Following the granting of a conditional use permit by the Board of Adjustment, the plans and related documents shall be reviewed by the Planning Board and approved by the Board of Commissioners since the subdivision of land is involved. All townhome units shall be subject to the conveyance of a fee - simple lot. B. The organizational documents and by -laws shall include, but are not limited to, the following: The Homeowners Association shall be established before any lots are sold. Membership shall be mandatory for each buyer and any successive buyer. The developer shall be responsible for all maintenance and other responsibilities of the Homeowner's Association until sixty percent (60 %) of all units to be sold are sold. After sixty percent (60 %) of all units are sold, the Homeowner's Association shall levy assessments and assume its responsibilities. The Homeowner's Association shall be responsible for liability insurance, taxes and maintenance of all recreation facilities, grounds and common areas. Any 30 sums levied by the Homeowner's Association that remain unpaid shall become a lien on the individual property. The Homeowner's Association shall be able to adjust the assessment to meet changing needs. C. Residential density shall not exceed nine (9) dwelling units per acre and shall meet any applicable Watersupply Watershed Ordinance requirements. D. A minimum of 15% of the tract must be set aside for recreation. Of the total set aside 5% of the area must be developed for active recreation. This area must be installed and maintained by the developer until ownership of the recreation area is transferred to the Homeowner's Association. E. All roads, whether private or public, shall be paved. Once ownership of the private roads has been transferred to the Homeowner's Association the association shall assume maintenance of such roads. F. When parking lots are located within the required front yard, the minimum front yard for each unit shall be increased by an additional twenty (20) feet. All parking lots shall be paved and each parking space shall be at least 9'x20'. All driveways shall meet the current N.C. Department of Transportation standards. G. All walls between individual units and separation between individual buildings within the development shall be according to the North Carolina Building Code, Volume 1, General Construction. H. Buildings on the periphery of the development shall meet the side yard requirements for the respective zoning districts. I. Maximum building height and yard requirements except as requirements of the applicable zoning district. J. A maximum lot size is not established for individual townhouse lots. However, all individual lots shall meet the following minimum requirements: lot width of twenty (20) feet; lot frontage on a public street, private street or parking lot of twenty (20) feet; front yard setback of thirty -five (35) feet if the parking lot is located elsewhere; front yard setback of fifty -five (55) feet if the parking lot is within the front yard and rear yard setback of twenty -five (25) feet. For buildings located on the periphery of a development, the minimum side yard requirement is 10 feet unless it's a corner lot in which case the minimum side yard is 20 feet. K. All plats shall show Parcel Identification Numbers, net acreage for each lot and gross acreage for the entire subdivision. Recordation of the organizational papers, by -laws and final plat shall be completed by the developer or his agent within ninety (90) calendar days following approval by the Board of Commissioners or such approval shall be null and void. 31 Section 6.0 Residential /Agricultural District RA -20M 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 Home Occupations C. Bona Fide Fames D. Churches. Chapels, Temples, Synagogues E. Rectories, Parsonages, Manses, Parish Houses F. Schools, Colleges, Hospitals, Parks, Club Facilities, Community Centers G. Manufactured Homes H. Manufactured Home Parks (See Section 6.7) 1. Apartments and other multifamily structures with three or more units which meet the following requirements and, where applicable, the Harriett 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 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 come from the State of North Carolina. The certification for public sewage disposal must come from the Hamett 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 parked or stored in rear or side yard of any lot; provided that no living quarters shall be maintained, nor any business conducted therein while such recreational vehicle or travel trailer is so parked or stored (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. C. 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. 32 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 stone drainage system, other public storm drainage system, or roadway ditch or (2) wastewater 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 O. One (I) recreational vehicle or travel trailer may be parked on the rear or side yard of a lot where a church 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 church. 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 1. Day care and Elderly Care Facilities J. Existing commercial uses applying for permits to expand K. Existing industrial uses applying for permits to expand L. 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 towers uppermost point. M. Mining activities (as regulated by Article XI) N. Land application of sludge or petroleum contaminated soil (as regulated by the State of North Carolina) O. Land Clearing and Inert Debris Landfill (LCID Landfill), subject to the following requirements: a. Size Requirement: No minimum size requirement b. Access to a LCID Landfill must be from a road that is a State Department of Transportation maintained road or private road, if it has a right-of-way width of at least thirty (30) feet and a travel -way width of not less than twenty (20) feet. Any access that does not abut one of the above roads, entrances, etc. must also have a right -of -way width of not less than thirty (30) feet and a travel -way width of twenty (20) feet. The travehvay shall be constructed with five (5) inches of aggregate base coarse, compacted, and adequately maintained in a dust free state at all times as possible. 33 C. Buffer: A densely planted vegetative or dense natural vegetative strip or a combination of the two that is not less than twenty (20) feet in width of continuous evergreen or deciduous composition, consisting of trees, or shrubs native to the area, which must not be less than six (6) feet in height within one (1) year, shall be provided along the perimeter of the dump site (except for an ingress or egress that shall not be more than thirty (30) feet in width). The planted and/or natural buffer must be maintained in a natural living conditions at all times by the property owner(s) or leaseor(s). d. Site Plan required showing. (1) Names and addresses of property owners, operators, or developers (2) Date, scale, and approximate north arrow (3) Boundaries, scale, and approximate dimensions and bearings (4) Show buffers and ingress/egress, and any other information pertinent to the parcel (5) Vicinity Map (6) If the application is for an expansion, show the size and location of any existing area being operated as a L.C.I.D. Landfill (7) Any existing buildings on the property as well as any existing land uses (8) A Driveway Permit issued by the North Carolina Department of Transportation as to their approval must be received before the Conditional Use Permit is officially released (9) A pemvt or certification from the North Carolina Department of Environment, Health and Natural Resources Solid Waste Section must be received before the Conditional Use Permit is officially released A survey map may be used as a base map for the site plan. P. Condominium Developments ** Q. Townhouse Developments * ** R. Mini - Warehouse (Self - Storage) Subject to the following requirements: 1. Maximum Building Height of twenty (20) feet. 2. A secured fence of at least six (6) feet in height shall surround the perimeter of the storage facility. 3. Adequate lighting shall be provided to illuminate the storage facility. The minimum size strect ight shall be a 175 watt Mercury-vapor (approximately 7,000 lumen class) or its equivalent, spaced at intervals of not more than 300 feet. 4. No outside storage shall be permitted except as provided below. 5. Outdoor storage of boats, vehicles (including motorcycles) and recreational vehicles in designated spaces shall meet the following requirements: a. One (1) outdoor storage space per every five (5) indoor storage units. b. Outdoor storage space(s) shall be located at the rear of the site. 6. The storage of hazardous, toxic, or explosive substances shall be prohibited. 7. No business activity shall be conducted within the storage units. * NOTE: All conditional uses subject to site plan requirements (see Article W, Section 8). ** Subject to Additional Requirements in Section 6.8 * ** Subject to Additional Requirements in Section 6.9 6.3 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 34 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 comer lots) Maximum Building Height - 35 feet Corner Lots - The vard 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. 6.4 Off- Street Parking and Loading (as required in Article VIII) 6.5 Signs (as required in Article IX) 6.6 Buffers (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 Tune To Time. 6.8 Condominium Developments Condominium developments built within the planning jurisdiction of Harnett County are subject to the following special conditions and requirements and all other applicable ordinances. A. A declaration establishing a condominium development must be prepared which satisfies the requirements of the N.C. Unit Ownership Act (G.S. 47A -1 et seq.). This declaration shall be filed with the plans for the development. The plans and declaration shall be submitted with the Conditional Use Permit application B. Residential density shall not exceed nine (9) dwelling units per acre and shall meet any applicable Watersupply Watershed Ordinance requirements. C. A minimum of 15% of the tract must be set aside for recreation. Of the total set aside 5% of the area must be developed for active recreation. This area must be installed and maintained by the developer until ownership is transferred to the Homeowner's Association. D. Private roads are permitted; however, the declaration must contain a statement addressing road maintenance and ownership. All roads within a condominium development, whether private or public, shall be paved. 35 E. Parking spaces are required at the rate of I %z spaces per dwelling unit. Each parking space shall be no less than 9'x20'. F. Parking lots shall be paved and all driveways shall meet the current N.C. Department of Transportation standards for driveways. G. When parking lots are within the required front yard, the minimum front yard shall be increased by an additional 20 feet. H. Separation between buildings within the development shall be according to the North Carolina Building Code, Volume 1, General Construction. I. The minimum setback requirements for the front, rear and side yards as specified in the County's Zoning Ordinance shall apply. For buildings located on the periphery of a development, the minimum side yard requirement for the respective zoning districts shall be met. J. Maximum building height, minimum lot size, yard requirements except as noted elsewhere, and minimum lot frontage shall meet the requirements of the applicable zoning districts. K. All plats shall show Parcel Identification Numbers, net acreage and gross acreage. Recordation of the declaration and plan shall be completed by the developer or his agent within ninety (90) calendar days following approval by the Board of Commissioners or such approval shall be null and void. 6.9 Townhome Developments Townhome developments are subject to the following special conditions and requirements as well as all other applicable ordinances. A. in a townhome development in which any facilities such as but not limited to streets, parking areas, recreation facilities and common open space are to be held and maintained in common ownership a Homeowner's Association shall be organized. Documents showing the association's organizational structure and by -laws as well as a master development plan for the property shall be filed with the Planning Department. For townhome developments, the aforementioned documents shall become part of the application for a conditional use permit. Following the granting of a conditional use permit by the Board of Adjustment, the plans and related documents shall be reviewed by the Planning Board and approved by the Board of Commissioners since the subdivision of land is involved. All townhome units shall be subject to the conveyance of a fee - simple lot. B. The organizational documents and by -laws shall include, but are not limited to, the following: The Homeowner's Association shall be established before any lots are sold. Membership shall be mandatory for each buyer and any successive buyer. The developer shall be responsible for all maintenance and other responsibilities of the Homeowner's Association until sixty percent (60 %) of all units to be sold are sold. After sixty percent (60 %) of all units are sold, the Homeowner's Association shall levy assessments and assume its responsibilities. The Homeowner's Association shall be responsible for liability insurance, taxes and maintenance of all recreation facilities, grounds and common areas. Any sums levied by the Homeowner's Association that remain unpaid shall become a lien on the individual property. The Homeowner's Association shall be able to adjust the assessment to meet changing needs. C. Residential density shall not exceed nine (9) dwelling units per acre and shall meet any applicable Watersupply Watershed Ordinance requirements. 36 D. A minimum of 15% of the tract must be set aside for recreation. Of the total set aside 5% of the area must be developed for active recreation. This area must be installed and maintained by the developer until ownership of the recreation area is transferred to the Homeowner's Association. E. All roads, whether private or public, shall be paved. Once ownership of the private roads has been transferred to the Homeowner's Association the association shall assume maintenance of such roads. F. When parking lots are located within the required front yard, the minimum front yard for each unit shall be increased by an additional twenty (20) feet. All parking lots shall be paved and each parking space shall be at least 9'x20'. All driveways shall meet the current N.C. Department of Transportation standards. G. All walls between individual units and separation between individual buildings within the development shall be according to the North Carolina Building Code, Volume I, General Construction. H. Buildings on the periphery of the development shall meet the side yard requirements for the respective zoning districts. I. Maximum building height and yard requirements except as requirements of the applicable zoning district. J. A maximum lot size is not established for individual townhouse lots. However, all individual lots shall meet the following minimum requirements: lot width of twenty (20) feet; lot frontage on a public street, private street or parking lot of twenty (20) feet; front yard setback of thirty-five (35) feet if the parking lot is located elsewhere; front yard setback of fifty -five (55) feet if the parking lot is within the front yard and rear yard setback of twenty-five (25) feet. For buildings located on the periphery of a development, the minimum side yard requirement is 10 feet unless it's a corner lot in which case the minimum side yard is 20 feet. K. All plats shall show Parcel Identification Numbers, net acreage for each lot and gross acreage for the entire subdivision. Recordation of the organizational papers, by -laws and final plat shall be completed by the developer or his agent within ninety (90) calendar days following approval by the Board of Commissioners or such approval shall be null and void. 37 Section 7 0 Residential /Agricultural District - RA -20R 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 Permitted 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 1. 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 parked or stored in rear or side yard of any lot; provided that no living quarters shall be maintained, nor any business conducted therein while such recreational vehicle or travel trailer is so parked or stored (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. C. 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 pemmit 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 38 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 M. One (1) recreational vehicle or travel trailer may be parked on the rear or side yard of a lot where a church 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 church. 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 1. Day care and Elderly Care Facilities J. Manufactured Homes 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 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 come from the State of North Carolina. The certification for public sewage disposal must come from the Harnett County Utilities Director. L. Existing industrial uses applying for permits to expand M. Existing Commercial uses applying for permits to expand. N. 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. 0. Mining activities (as regulated by Article XI) P. Land application of sludge or petroleum contaminated soil (as regulated by the State of North Carolina) Q. Land Clearing and Inert Debris Landfill (LCID Landfill), subject to the following requirements: a. Size Requirement: No minimum size requirement b. Access to a LCID Landfill must be from a road that is a State Department of Transportation maintained road or private road, if it has a right -of -way width of at least thirty (30) feet and a travel -way width of not less than twenty (20) feet. Any access that does not abut one of the above roads, entrances, etc. must also have a right -of -way width of not less than thirty (30) feet and a travel -way width of twenty (20) feet. The travelwav shall be constructed with five (5) inches of aggregate base coarse, compacted, and adequately maintained in a dust free state at all times as possible. 39 c. Buffer: A densely planted vegetative or dense natural vegetative strip or a combination of the two that is not less than twenty (20) feet in width of continuous evergreen or deciduous composition, consisting of trees, or shrubs native to the area, which must not be less than six (6) feet in height within one (1) year, shall be provided along the perimeter of the dump site (except for an ingress or egress that shall not be more than thirty (30) feet in width). The planted and/or natural buffer must be maintained in a natural living conditions at all times by the property owner(s) or leaseor(s). d. Site Plan required showing: (1) Names and addresses of property owners, operators, or developers (2) Date, scale, and approximate north arrow (3) Boundaries, scale, and approximate dimensions and bearings (4) Show buffers and ingress /egress, and any other information pertinent to the parcel (5) Vicinity Map (6) If the application is for an expansion, show the size and location of any existing area being operated as a L.C.I.D. Landfill (7) Any existing buildings on the property as well as any existing land uses (8) A Driveway Permit issued by the North Carolina Department of Transportation as to their approval must be received before the Conditional Use Permit is officially released (9) A permit or certification from the North Carolina Department of Environment, Health and Natural Resources Solid Waste Section must be received before the Conditional Use Permit is officially released A survey map may be used as a base map for the site plan. R. Condominium Developments ** S. Townhouse Developments * ** T. Mini - Warehouse (Self - Storage) Subject to the following requirements: 1. Maximum Building Height of twenty (20) feet. 2. A secured fence of at least six (6) feet in height shall surround the perimeter of the storage facility. 3. Adequate lighting shall be provided to illuminate the storage facility. The minimum size streetlight shall be a 175 watt Mercury-vapor (approximately 7,000 lumen class) or its equivalent, spaced at intervals of not more than 300 feet. 4. No outside storage shall be permitted except as provided below. 5. Outdoor storage of boats, vehicles (including motorcycles) and recreational vehicles in designated spaces shall meet the following requirements: c. One (1) outdoor storage space per every five (5) indoor storage units. d. Outdoor storage space(s) shall be located at the rear of the site. 6. The storage of hazardous, toxic, or explosive substances shall be prohibited. 7. No business activity shall be conducted within the storage units. *NOTE: All conditional uses subject to site plan requirements (see Article IV, Section 8) ** Subject to Additional Requirements in Section 7.7 * ** Subject to Additional Requirements in Section 7.8 7.3 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. 40 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 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 comer lots) Maximum Building Height - 35 feet Comer 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 Low (as required in Article VIII) 7.5 Sims (as required in Article W 7.6 Buffers (as required in Article W, Section 8.0) 7.7 Condominium Developments Condominium developments built within the planning jurisdiction of Harnett County are subject to the following special conditions and requirements and all other applicable ordinances. A. A declaration establishing a condominium development must be prepared which satisfies the requirements of the N.C. Unit Ownership Act (G.S. 47A -1 et seq.). This declaration shall be filed with the plans for the development. The plans and declaration shall be submitted with the Conditional Use Permit application B. Residential density shall not exceed nine (9) dwelling units per acre and shall meet any applicable Watersupply Watershed Ordinance requirements. C. A minimum of 15% of the tract must be set aside for recreation. Of the total set aside 5% of the area must be developed for active recreation. This area must be installed and maintained by the developer until ownership is transferred to the Homeowner's Association. D. Private roads arc permitted, however, the declaration must contain a statement addressing road maintenance and ownership. All roads within a condominium development, whether private or public, shall be paved. E. Parking spaces are required at the rate of 1 % spaces per dwelling unit. Each parking space shall be no less than 9'x20'. F. Parking lots shall be paved and all driveways shall meet the current N.C. Department of Transportation standards for driveways. 41 G. When parking lots are within the required front yard, the minimum front yard shall be increased by an additional 20 feet. H. Separation between buildings within the development shall be according to the North Carolina Building Code, Volume I, General Construction. I. The minimum setback requirements for the front, rear and side yards as specified in the County's Zoning Ordinance shall apply. For buildings located on the periphery of a development, the minimum side yard requirement for the respective zoning districts shall be met. J. Maximum building height, minimum lot size, yard requirements except as noted elsewhere, and minimum lot frontage shall meet the requirements of the applicable zoning districts. K. All plats shall show Parcel Identification Numbers, net acreage and gross acreage. Recordation of the declaration and plan shall be completed by the developer or his agent within ninety (90) calendar days following approval by the Board of Commissioners or such approval shall be null and void. 6.9 Towmhomc Developments Townhome developments are subject to the following special conditions and requirements as well as all other applicable ordinances. A. In a townhome development in which any facilities such as but not limited to streets, parking areas, recreation facilities and common open space are to be held and maintained in common ownership a Homeowner's Association shall be organized. Documents showing the association's organizational structure and by -laws as well as a master development plan for the property shall be filed with the Planning Department. For townhome developments, the aforementioned documents shall become part of the application for a conditional use permit. Following the granting of a conditional use permit by the Board of Adjustment, the plans and related documents shall be reviewed by the Planning Board and approved by the Board of Commissioners since the subdivision of land is involved. All townhome units shall be subject to the conveyance of a fee - simple lot. B. The organizational documents and by -laws shall include, but are not limited to, the following: The Homeowner's Association shall be established before any lots are sold. Membership shall be mandatory for each buyer and any successive buyer. The developer shall be responsible for all maintenance and other responsibilities of the Homeowner's Association until sixty percent (60 %) of all units to be sold are sold. After sixty percent (60 %) of all units are sold, the Homeowner's Association shall levy assessments and assume its responsibilities. The Homeowner's Association shall be responsible for liability insurance, taxes and maintenance of all recreation facilities, grounds and common areas. Any sums levied by the Homeowner's Association that remain unpaid shall become a lien on the individual property. The Homeowner's Association shall be able to adjust the assessment to meet changing needs. C. Residential density shall not exceed nine (9) dwelling units per acre and shall meet any applicable Watersupply Watershed Ordinance requirements. D. A minimum of 15% of the tract must be set aside for recreation. Of the total set aside 5% of the area must be developed for active recreation. This area must be installed and maintained by the developer until ownership of the recreation area is transferred to the Homeowner's Association. 42 E. All roads, whether private or public, shall be paved. Once ownership of the private roads has been transferred to the Homeowner's Association the association shall assume maintenance of such roads. F. When parking lots are located within the required front yard, the minimum front yard for each unit shall be increased by an additional twenty (20) feet. All parking lots shall be paved and each parking space shall be at least 9'x20'. All driveways shall meet the current N.C. Department of Transportation standards. G. All walls between individual units and separation between individual buildings within the development shall be according to the North Carolina Building Code, Volume I, General Construction. H. Buildings on the periphery of the development shall meet the side yard requirements for the respective zoning districts. 1. Maximum building height and yard requirements except as requirements of the applicable zoning district. J. A maximum lot size is not established for individual townhouse lots. However, all individual lots shall meet the following minimum requirements: lot width of twenty (20) feet; lot frontage on a public street, private street or parking lot of twenty (20) feet; front yard setback of thirty -five (35) feet if the parking lot is located elsewhere; front yard setback of fifty -five (55) feet if the parking lot is within the front yard and rear yard setback of twenty -five (25) feet. For buildings located on the periphery of a development, the minimum side yard requirement is 10 feet unless it's a corner lot in which case the minimum side yard is 20 feet. K. All plats shall show Parcel Identification Numbers, net acreage for each lot and gross acreage for the entire subdivision. Recordation of the organizational papers, by -laws and final plat shall be completed by the developer or his agent within ninety (90) calendar days following approval by the Board of Commissioners or such approval shall be null and void. 43 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 Perm as hereinafter provided. Section 1.0 Application for Conditional Use Permit 1.1 Initiation of Conditional Use Permit Any person having feehold 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 Fee for Conditional Use Penrut 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 Hear ng 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 may also post notice on the property involved for a period of one week prior to the hearing. 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 requested use will not impair the integrity or character of the surrounding area. 3.2 The requested use will not be detrimental to the public health, morals, or welfare. 44 3.3 Adequate utilities, access roads, drainage, sanitation and/or other necessary facilities have been made or are being provided. 3.4 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. 3.5 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. Section 5.0 General Provisions in 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. 5.3 Expirati on 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. 45 Article VIII Parking and Off - Street Loading Requirements Section 1.0 Off - Street Parking Requirements 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 Parking 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 on 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 Li tin 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 Safetv 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 Parking Areas Adiacent to Public Alleys Where off - street parking facilities are located adjacent to a public alley, the width of such alley may be counted as a portion of the required maneuvering and access area, but not as part of the parking spaces required. 1.7 Improvements Design and Location Standards All off - street parking, including exits, entrances, and maneuvering and parking areas shall: A. Have access to a dedicated street or alley 46 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 Screening 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 operator's 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 B. Public and Semi - Pubhc Uses (1) Hospitals - 1 space for each 2 beds intended for patient use, exclusive of bassinets, and I 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 I 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 - I 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 24 -hour period (8) Kindergarten and day nurseries - 1 parking space for each 10 children that attend, plus I space for each employee (9) Stadiums - I parking space for each 4 seats in the stadium (10) Public or private clubs and community centers - I 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 47 (13) Golf course - each hole - 4 spaces C. Business 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 I 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 gross 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 - I parking space for each 4 seats (10) Funeral homes - 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. Industrial and Wholesale Uses Industrial and wholesale uses - one parking space for each employee on the largest shift E. Other 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 Requirements 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-cf- -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. Retail 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 48 total gross floor area of less than specified herein shall be considered as one establishment provision. B. Office Buildings, Hotels, and Other Institutional Uses - One berth for every 50,000 square feet of gross floor area or portion thereof. C. Industrial and Wholesale Establishments - 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. 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. Article IX Sin Recluirements 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. Section 1.0 Certain Classes of Signs Permitted in all Zoning Districts The falloNving 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 Plaques - 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, wan ng 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 signs shall not exceed forty (40) square feet in area. There shall be a limit of one such sign for each street abutting the lot. 1.8 Signs 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. 49 1.9 Signs IdentiAing, by Name Only Residential Subdivisions, Planned Housing Developments, or Manufactured Home Parks - These shall not exceed fifty (50) 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 Signs Advertising Only the Name, Time, and Place of any 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. 1.11 Temporary Signs - Those giving information pertaining to 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 mowing lights are prohibited, except those giving public information such as time, temperature and date. 33 Illuminated signs shall be limited to those lighted intemally 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 perutted. 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 Requirements 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. 50 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 Nonconforming 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 1%) of its replacement value, the sign shall not be allowed to remain or be repaired and must be removed. 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. 51 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. 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 case 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. 52 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 Business signs along interstate highways shall be required to meet the following provisions: a. 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 1 -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 Advertising Signs Outdoor advertising signs shall be permitted in the Commercial/Business District, and the Industrial District. All outdoor advertising signs shall be subject to die 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 sibm meet the display area requirements for that area of die County. 11.2 Hei hg t Regulations ations - 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. 11.3 Setback Requirements - 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 die 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 Li tin - 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 Spacing - All outdoor advertising signs must be spaced a minimum of 300 feet apart. 53 Article X Planned Unit Development Section 1.0 General 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 found within a typical subdivision. Section 1 1 Application Requirements An application for a Planned Unit Development shall be accompanied by an Outline Development Plan presenting the following information: A. Proposed land uses, the location of various dwelling types and dwelling unit densities, and the location of all other proposed buildings and construction B. Proposed primary traffic circulation patter C. Proposed parks, playgrounds, and other common open space areas D. Proposed delineation of the units or phases to be constructed in progression E. Proposed means of dedication of common open space areas and organizational arrangements for the ownership, maintenance, preservation of common open space, streets, and other common facilities, including a copy of the homeowners' or property owners association bylaws, if such organization is to be used F. Relation of land uses in the surrounding area to the land use plan for the Planned Unit Development G. Impact on all public services H. Proposal for handling drainage, water, and sewage plans Statement as to proposed ownership of streets and responsibility for maintenance thereof Section 1.2 Conformity to Plan Site development within the planned development shall conform to the Outline Development Plan and associated requirements approved by the Planning Board as part of the permit conditions. Modification of the Outline Development Plan or any Preliminary Plan and associated requirements may be made by the Planning Board when requested by the owner and developer after initial approval has been granted. Section 1.3 Internal Streets Streets within a Planned Unit Development which are to be offered for public dedication must meet all North Carolina Department of Transportation requirements as to right -of -way, pavement and construction 54 standards. All private streets shall be built and paved according to generally accepted engineering and construction principles. Maintenance of private streets shall be the responsibility of the HomeONners' Association. Section 1.4 Zero Lot Lines 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 approved yards are maintained around the building. Section 1.5 Planned Developments Not Exempt A planned development must meet all requirements of this Ordinance, as well as all other applicable ordinances, unless expressly exempted. Section 16 Residential Planned Unit Developments Residential Planned Unit Developments shall consist of only residential uses along with active or passive recreation facilities that are primarily intended for use by owners of property within the development and their guests. Golf courses open to the public and tennis clubs open to the public are exempt from this requirement. Unless otherwise approved by the Board of Commissioners, when submitted as part of the Outline Development Plan, non - exempted portions of the tract may only be devoted to planned commercial and industrial uses as follows: ACREAGE PERCENTAGE FOR INDUSTRIAL PLANNED COMMERCIAL USES USES 10-49 1% .50% 50 -74 2% .75% 75 -99 3% 1.00% 100 -149 4% 1.50% MORE THAN 150 5% 2.00% It is the intent of this Ordinance that any Commercial and Industrial uses be strategically located, screened and buffered so as to minimize the impact on the surrounding residential uses. Residential Planned Unit Developments are conditional uses in RA -40, RA -30. RA -20M and RA -20R Zoning Districts Section 17 Commercial and Industrial Planned Developments Commercial and Industrial Planned Unit Developments, such as shopping centers and planned industrial parks shall contain only Commercial uses and Industrial uses and shall consist only of those uses listed as either permitted or conditional uses in the respective zoning district. Commercial Planned Unit Developments are conditional uses in Commercial Business zoning Districts. Industrial Planned Unit Developments are conditional uses in the Industrial zoning districts. Section 18 Dimensional Requirements A minimtun gross development size of ten (10) acres is required. All other dimensional requirements shall be as in Section 8.0 with the exceptions as defined below under Density Bonus unless otherwise approved by the Harnett County Planning Board on the preliminary plat. Yards forming the outer boundary of a Planned Unit Development shall be in compliance with the minimum requirements of Section 8.3 herein. 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 approved yards are maintained around each building and around the entire perimeter of the Planned Unit Development. 55 Section 1.9 Density Calculations Development 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 from the gross area and dividing the remaining area by the lot area requirements as specified elsewhere in this Ordinance. See Section 8.0 for additional information about minimum lot requirements and density. Section L 10 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 b_y the Planning Board in accordance with the following ratios of Residential Area to Common Open Space, hi 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 for the Density Bonus shall be included in the Outline Development Plan for review and approval. DENSITY BONUS SCALE % of Residential Area to be Common Open Space % Density Bonus 10 -19 10 20 -29 15 30 -39 20 40-49 25 50 -59 30 60 or more 35 Section 1 11 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 Ordinance. In addition, they shall be subject to the following requirements: A. Such areas of specified size shall be planned as an integral part of the Planned Unit Development. B. Proposed uses are needed by and gauged primarily for the service and convenience of residents of the Planned Unit Development. C. 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. Sec Section 3.6 D. 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. E. 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 as specified elsewhere in this Ordinance. 56 F. Such establishments shall not by reason of their location, construction, manner of timing or operations, signs, lighting, parking arrangements or other characteristics have any adverse effects on residential uses within or adjoining the district, or create traffic congestion or hazards. G. No buildings 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. H. Golf Courses open to the public and tennis clubs open to the public are exempt from Subsections B. C, and G above. Section 1 12 Common Open Space ace "Common Open Space" 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 exclusively for the use and enjoyment of residents of the development and their guests, 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 fatally approved and are appropriate for the benefit of the residents. A. A minimum total area of 10% 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. B. 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, clubhouses, swimming pools, and the like. C. The location, shape, and character of the Common Open Space must be suitable and appropriate for the proposed development. D. Common Open Space shall be used only for amenity or recreational (active or passive) purposes and shall be dedicated to 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. E. 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. F. All land shown on the Outline Development Plan as Common Open Space must be conveyed under one of the following options: I It or any portion thereof may be dedicated to the County of Harnett for public use. Any dedication must 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. 2. It or any portion thereof may be conveyed to the trustees provided in an indenture establislung an association of homeowners. The Common Open Space must be conveyed to the trustees subject to covenants and easements to be approved by the 57 Planning Board 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. 3. The Common Open Space or any portion thereof 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 firture 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. G. Golf courses open to the public and tennis clubs open to the public are exempt from Subsections B, D, E. and F above. Section 1.13 Site Planning External Relationships 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. Internal Relationships I . Service and Emergency Access: Access and circulation shall be adequately provided for fire fighting equipment, service deliveries, and refuse collection. 2. 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. 3. Ways for Pedestrians: Walkways shall form a logical and safe conventional system for pedestrian access from all parking lots to 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. Pedestrian street crossings shall be held to a minimum and shall be strategically located. Streets, Design and Maintenance I . Design Standards It is the policy of the Board of Commissioners of Harnett County that all roads within subdivisions be constructed to certain standards and offered for dedication to the North Carolina Department of Transportation Construction and design standards to be used can be found in the current edition of Subdivision Roads Requirements and Minimum Construction Standards published by the North Carolina Department of Transportation. Private streets shall be prohibited within all subdivisions except planned unit developments, condominium/townhouse developments and recreation communities subject to reasonable and appropriate conditions deemed necessary by the Board of Commissioners. In formulating reasonable and appropriate conditions the Board of Commissioners shall consider any recommendations from the Planning Board and Planning Department. 58 2. Private Streets Should private roads within planned unit developments, condominium/townhouse developments and recreation communities be offered for dedication such roads must be built according to the current edition of Subdivision Roads Requirements and Minimum Construction Standards published by the North Carolina Department of Transportation. For roads, which are to remain private, a notation shall be placed on the plat and all subsequent deeds which state that the roads have been installed by the owner /developer but maintenance is the responsibility of the purchasers of the property and the Homeowner Association. All private streets that are to remain undedicated, shall be built and paved according to generally accepted engineering and construction principles Section 1 14 Homeowners'(or Property Owners) Association 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 Outline Development Plan. Provisions of the organization shall include, but not be limited to the following: 1. The Homeowners' Association shall be established before the homes or units are sold. 2. Membership shall be mandatory for each buyer, and any successive buyer. 3. The developer shall manage the Homeowners' Association, which shall be responsible for all maintenance of the PUD, until sixty percent (60 %) of all units to be sold are sold. The Homeowners Association shall be managed on a non -profit basis; however, nothing herein shall be construed to prohibit the payment of a fair market management fee to the developer. 4. The Developer shall have the right to maintain control of and manage the Homeowners Association (1) until 98% of the total dwelling units planned are conveyed to residents or (2) for ten years from the date that the first plat in the PUD is recorded plus one year for each fifty units planned in excess of one hundred units or (3) for fifty years from the date that the first plat in the PUD is recorded. whichever shall first occur. 5. The developer, or development owner, shall pay all fees levied by the Homeowners' Association on any improved lot which it owns and for which a final plat has been recorded in the Harnett County Register of Deeds, just as any other lot owner. 6. The Homeowners' Association shall be responsible for liability insurance, payment of local taxes and maintenance of recreational and other facilities. 7. Any dues or fees levied by the Homeowners' Association that remain unpaid, shall become a lien on the individual property. 8. The Homeowners' Association shall be able to adjust the assessment to meet changing needs. Section 2.0 Plat Preparation and Approval Procedures This section requires that a plat be prepared, approved and recorded pursuant to the provisions herein whenever a Planned Unit Development is constructed. An Outline Development Plan, which functions as the master plan must also be approved. Construction may occur in phases, however, each phase requires approval of a preliminary plat followed by approval of a final plat. 59 Section 2.1 Sketch Plan Before a subdivider submits a preliminary plat, a sketch plan of the proposed Planned Unit Development may be prepared and submitted to the Harnett County Planning Department staff for review. The sketch plan shall be drawn to a scale of not less than one (1) inch to two hundred (200) feet and shall contain sufficient detail in order for general compliance with the Ordinance to be determined. Following staff review the next step is approval of an Outline Development Plan and preliminary plats. Section 2.2 Preliminary Plat and Outline Development Plan Approval The Outline Development Plan must be approved prior to approval of any preliminary plats. However, the Outline Development Plan may be submitted for approval simultaneously with the preliminary plat for the first phase in the Planned Unit Development. Fees shall be paid based on the ultimate number of lots in the Planned Unit Development prior to approval of the Outline Development Plan. A copy of the organizational papers and by- laws for the Homeowners' Association must be filed with the Outline Development Plan. Ten (10) copies of the Outline Development Plan and ten (10) black or blue line prints of the preliminary plat shall be submitted to the Subdivision Administrator according to the filing schedule in the Planning Department office. The Outline Development Plan shall contain sufficient detail so that specific compliance with this Ordinance can be determined. Following staff review, the Outline Development Plan and preliminary plat will be scheduled for review at the next regular meeting of the Planning Board. The preliminary plat shall be prepared by a registered land surveyor licensed to practice in the State of North Carolina. Section 2.3 Content of the Preliminary Plat The scale of the preliminary plat shall be no smaller than one (1) inch to two hundred (200) feet and drawn on 18" x 24" paper. The plat shall contain or be accompanied by the following information: a. The name and address of the owner, the subdivider, and the person preparing the plat, the scale, north point, date and Parcel Identification Number. b. A location map showing the relationship between the Planned Unit Development and the surrounding area inset on the plat sheet, the names and locations of adjoining subdivisions and streets, the location and ownership of adjoining unsubdivided property if known, the location of county and/or municipal boundaries if falling within or immediately adjoining the tract, the zoning classification of the tract, if applicable, and the general land use of the surrounding property c. The boundaries of the tract with all bearings and distances indicated, total acreage in the tract, and the location of existing structures, water courses, rights -of -way, and utility easements. d. The proposed name of the Planned Unit Development, street rights-of-way and surface widths, dedication of street (public or private), approximate grades, street names, water supply, storm drainage and sewer disposal systems (except that individual wells and septic tanks need not be shown), lot lines, lot and block numbers, approximate dimensions of lots, building setback lines and areas to be used for common areas. e. The developer may be asked to prepare a brief statement as to what impact the proposed Planned Unit Development may have on the environment. This statement would include any wildlife displaced, trees destroyed, historical sites or landmarks adversely affected, the impact of grading or paving of any areas, or other matters that would be detrimental to the environment resulting from the proposed development. A Phase I Environmental Report will ordinarily satisfy this requirement. However, the Planning Board may request more detailed information about specific items within the report. f. Any other supplemental information considered by the subdivider or the Planning Board to be pertinent to the review of the preliminary plat, including any restrictive covenants which the developer intends to attach to parcels within the subdivision. g. If the tract to be subdivided encompasses all or parts of one or more tracts owned by the subdivider or subdividers, the boundary line of such tract or tracts, or parts thereof, shall be indicated upon such plat in a manner in which shall clearly illustrate the parent tract or tracts of said subdivision and the subdivider's 60 source of title for such tract, tracts, or parts thereof, shall be plainly indicated upon the face of such plat by reference to the recording data of the most recently recorded instrument in the subdivider's chain of title. h. The relationship between this phase and all other subsequent phases and the net acreage for each lot and the gross acreage for the entire subdivision. Section 2.4 Planning Board Action The Planning Board shall review the preliminary plat at its next regular meeting after the preliminary plat has been properly submitted and fees paid. At this meeting, the Planning Board shall approve, conditionally approve, or disapprove the plat after considering the recommendations of the agencies whose approval is required by this Ordinance. a. If the preliminary plat is approved, approval shall be noted on two prints of the plat by the Chairman of the Planning Board. One print of the plat shall be transmitted to the subdivider and the second approved print shall be retained by the Planning Board. b. In the case of conditional approval, the reasons for conditional approval and the conditions to be met shall be specified in writing. One copy of such reasons and conditions, along with one print of the plat, shall be retained by the Planning Board and a print shall be given to the subdivider. C. When a preliminary plat is disapproved, the Planning Board shall specify the reasons for each action in writing. One copy of such reasons and one print shall be retained by the Planning Board, and a print of the plat with the reasons for disapproval shall be given to the subdivider. If the preliminary plat is disapproved, the subdivider may make the recommended changes and submit a revised preliminary plat for review at the next regular meeting of the Planning Board. Section 2.5 Development in Stages When a Planned Unit Development is to be developed in stages, a concept plan (Outline Development Plan) shall be submitted for the entire development. The developer shall next submit a preliminary plat for that portion of the concept plan to be next developed. The developer shall submit a final plat, constituting that portion of the approved preliminary plat that is proposed for recordation and development. Section 2.6 Other Review Agencies Comments It shall be the responsibility of the Administrator of this Ordinance to insure that the following agencies are given an opportunity to review and make recommendations on the preliminary plat: a. The District Highway Engineer as to proposed streets, highway, and drainage systems. b. The County Public Utilities Department as to proposed water and sewage systems. C. Other County or State agencies whose approval might be necessary. Section 2.7 Content of the Final Plat The subdivider shall submit ten (10) black or blue line copies of a final plat, and one (1) reproducible drawing to the Planning Board through the Administrator of the Ordinance according to the filing schedule in the Planning Department office. A licensed surveyor shall prepare the final plat. Such plat shall be drawn on sheets eighteen (18) inches by twenty-four (24) inches and at a scale of one (1) inch equals two hundred (200) feet. A. Completion of Improvements No final plat shall be approved until all required improvements are installed according to an approved preliminary plat, except as provided elsewhere in this Ordinance. B. Contents of the Final Plat The final plat shall contain the following information: I . The exact boundary lines of the tract to be subdivided fully dimensioned by 61 bearings and distances, and the location of boundary lines of adjoining lands, with adjacent subdivisions identified by official names. 2. The accurate location and descriptions of all monuments, markers, and control points and the Parcel Identification Number. 3. Sufficient engineering data to determine readily and reproduce on the ground every straight or curved boundary line, street line, lot line, right-of-way, easement line, and setback line, including dimensions, bearings or deflection angles, radii, chords, central angles, and tangent distances for the center line of curved streets and curved property lines, to an appropriate accuracy and in conformance with good surveying practice. 4. The widths and names of all proposed streets and easements which shall be properly located. 5. The location, purpose, and dimensions of areas to be used for purposes other than residential. 6. Throughout the entire subdivision the lots numbered consecutively throughout each section. 7. The name of the subdivision, the owner, and the surveyor preparing the final plat and the net acreage for each lot and the gross acreage for the entire subdivision. 8. The date of the survey and plat preparation, a north arrow and graphic scale. 9. Any other information considered by either the subdivider or the Planning Board to be pertinent to die review of the final plat. 10. If the tract to be subdivided encompasses all or parts of one or more tracts owned by the subdivider or subdividers, the boundary line of such tract or tracts, or parts thereof shall be indicated upon such plat in a manner which shall clearly illustrate the parent tract or tracts of said subdivision and the subdivider's source of title for such tract, tracts or parts thereof, shall be plainly indicated upon the face of such plat by reference to the recording data of the most recently recorded instrument in the subdividers chain of title. 11. The following certificates shall be included with each final plat submitted to the Planning Board by the subdivider and shall be filed by the Register of Deeds when the final plat is recorded. a. Certificate of Ownership, Dedication and Jurisdiction, signed. b. Certificate of Approval of Water Supply and Sewage Disposal Systems, signed by the County Public Utilities Director or his authorized agent. A Certificate of Approval signed by the County Utilities Director is required when County owned or operated public water and/or public sewage is to be utilized. The subdivider shall install these facilities in accordance with the approved plans. C. Certificate of Accuracy and Mapping, signed. d. In the case of streets to be dedicated to the public, certificate of approval of Streets and Street Drainage Plans and Improvements by District Engineer, North Carolina Department of Transportation, signed. U. Certificate of Approval by the Harnett County Board of Conunissioners, unsigned. f Certificate of Approval by the Harnett County Planning Board, unsigned. g. Certificate of Registration by die Review Officer and Register of Deeds, both unsigned . h. if private roads are used, a private roads disclosure statement is required along with a signed certification from a Professional Engineer licensed to practice in North Carolina that all private roads were built to the standards in the current edition of Subdivision Roads Requirements and Minimum Construction Standards as published by the N C Department of Transportation if future dedication to the N.C. Department of Transportation is planned. 62 Section 2.9 Planning Board Action The Planning Board shall review the final plat at its next regular meeting after the final plat has been properly submitted. The Planning Board shall review the final plat for compliance with the requirements of this Ordinance and any other specifications which were agreed upon at the time of the review of the preliminary plat. A registered land surveyor licensed to practice in the State of North Carolina shall prepare the final plat. The Planning Board shall approve or disapprove the final plat. a. If the final plat is approved, approval shall be indicated on the appropriate certificate of the final plat. b. If the final plat is disapproved by the Planning Board, the reasons for such action shall be stated in writing. The reasons for disapproval shall refer specifically to those parts of this Ordinance, other statutes or practices with which the plat does not comply. One copy of such reasons, with the original drawing and remaining prints of the proposed subdivision, shall be transmitted to the subdivider and the Planning Board will retain a copy of the disapproved plat and the reasons for disapproval. Before final approval is granted, the subdivider shall make the required changes and submit a revised final plat for review at the next regular meeting of the Planning Board. Section 2.9 Action by Board of County Commissioners The Board of County Commissioners shall take action on the final plat following the approval of the final plat by the Planning Board. The County Board of Commissioners shall approve or disapprove the final plat. a. If the final plat is approved, approval shall be indicated on the appropriate certificate on the final plat. The subdivider shall file the approved plat with the Register of Deeds within ninety (90) days after the approval of the Board of Commissioners or such approval shall be void. b. If the final plat is disapproved by the County Board of Commissioners, the reasons for such action shall be stated in writing. The reasons for disapproval shall refer specifically to these parts of this section, other statutes or practices with which the plat does not comply. One copy of such reasons with the original drawing and remaining prints of the proposed subdivision shall be transmitted to the subdivider. Before final approval is granted, the subdivider shall make the required changes and submit a revised final plat for review, by the Board of Commissions at a future meeting. Section 2.10 Approval Not to Constitute Acceptance The approval of a final plat pursuant to regulations adopted under this section shall not be deemed to constitute or affect the acceptance by the County or the public of the dedication of any street or other ground, public utility line, or other public facility, shown on the plat. Section 2.11 Recording of Plat After the affixing of all required signatures (except Certificate of Registration by the Register of Deeds and Review Officer), the final plat shall be returned to the subdivider. The subdivider shall file the approved final plat with the Register of Deeds of Hamett County for recording within ninety (90) days after the date of its approval by the Board of County Commissioners or such approval shall be void unless an extension of time is granted by the Board of County Commissioners. 63 Section 2.12 Resubdivision Procedures For any replatting or resubdivision of land, the same procedures, rules, and regulations shall apply as prescribed herein for an original subdivision. Lot sizes may, however, be varied on an approved plan after recording, provided the following requirements are met: a. No lot or tract of land shall be created or sold that is smaller than the size shown on the approved plat. b. Drainage, easements, or rights -of -way shall not be changed. C. Street alignment and block sizes shall not be changed. d. The property line between back of lots shall not be changed. e. The rear portion of lots shall not be subdivided from the front part. f The character of the area shall be maintained Section 2.13 Penalties for Violating Any Provisions of this Ordinance Any person, fine, 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 Administrator of this Ordinance to cease work, shall be guilty of a misdemeanor and punishable by a fine not to exceed five hundred ($500) dollars or imprisonment not to exceed thirty (30) days. Each day such violation shall be perntitted 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 2.14 Variances The Planning Board may recommend approval of plats which vary from the design standards and improvements required by this section provided that such variations will not have the effect of nullifying the intent and purposes of these regulations. No variance shall be granted which conflicts with any other local, state, or federal statutes, ordinance, or regulation. The subdivider shall submit a written request and justification for any such variance and the Planning Board may attach to the granting of such a variance any conditions necessary to insure that the purpose and intent of this section is not compromised. Final approval of any request for a variance must come from the Harnett County Board of Commissioners. Section 2.15 Guarantee of Improvements In lieu of requiring the completion, installation and dedication of any and all required improvements prior to final plat approval, the Harnett County Board of Commissioners may enter into a written agreement whereby the subdivider shall agree to complete all required improvements. Once said agreement is signed by both parties and the security required herein is provided, the final plat may be approved if all other requirements of this section are met. To secure this agreement, the subdivider shall provide, as approved by the Board of Commissioners, either one or a combination of the following guarantees equal to 1.25 times the entire cost of the improvements secured. I . Surety Performance Bond(s). The subdivider shall obtain a performance bond(s) from a surety bonding company authorized to do business in North Carolina and approved by the Harnett County Board of Commissioners. The bond(s) shall be payable to the County of Hamett and shall be in an amount equal to 1.25 times the entire cost as estimated by the developer and verified by the County, of installing all required improvements. The duration of the bond(s) shall be until such time as the improvements are accepted by the County. Any expenses associated with the cost verification by the County shall be paid entirely by the developer. 2. Cash or Equivalent Security The developer shall deposit cash, an irrevocable letter of credit or other instrument readily convertible into cash at face value, either with the County or in escrow with a financial institution designated as an official depositor} of the County. The use of any instrument other than cash shall be subject to the approval of the Board of Commissioners. The amount of deposit shall be equal to 64 1.25 times the entire cost as estimated by the developer and verified by the County of installing all required improvements. If cash or other instrument is deposited in escrow with a financial institution as provided above, then the subdivider shall file with the Harnett County Board of Commissioners an agreement between the financial institution and himself guaranteeing the following: a. That said escrow amount will be held in trust until released by the Harnett County Board of Commissioners and may not be used or pledged by the developer in any other transaction during the term of the escrow; and b. That in case of a failure on the part of the developer to complete said improvements, the financial institution shall, upon notification by the County to the financial institution of an estimate of the amount needed to complete the improvements immediately pay to the County the funds estimated to complete the improvements, up to the full balance of the escrow account or deliver to the County any other instruments filly endorsed or otherwise made payable in full to the County. 3. Default Upon default, meaning failure on the part of the developer to complete the required improvements in the time allowed by this Ordinance or as specified in the performance bond or escrow agreement, then the surety or financial institution holding the escrow account shall, if requested by the County, pay all or any portion of the bond or escrow fund to the County of Harnett up to the amount needed to complete the improvements based on an estimate by the County. Upon payment, the County, in its discretion, may expend such portion of said funds as it deems necessary to complete all or any portion of the required improvements. The County shall return to the subdivider any funds not spent in completing the improvements. 4. Release of Guarantee Securitv The County shall release a portion of any security posted as the improvements are completed and recommended for approval by the Subdivision Administrator. Within 30 days after receiving the Subdivision Administrator's recommendation, the Harnett County Board of Commissioners shall approve or disapprove said improvements. When the Board of Commissioners approves said improvements, it shall immediately release the portion of the security posted which covers the cost of the improvements approved. In the event of a dispute under this provision, the dispute shall be submitted to arbitration, with all costs associated with the arbitration paid by the developer. Section 3.0 Water and Sewer Service Requirements Installation and provision for water supply and sewage disposal shall be according to the standards of the Hamett County Department of Public Utilities Comprehensive Water and Sewer Plans and the Harnett County Health Department. Plans must be reviewed by the Harnett County Department of Public Utilities, the Harnett County Health Department and all State of North Carolina agencies having jurisdiction. Section 3.1 Water Supply System: A. Connection Requirement: Any Planned Unit Development that is created after the adoption of this section and is located within that number of feet of an existing county owned or operated water supply and distribution system as is specified in Subsection B below, whether the Planned Unit Development is located within or without the service area of an existing county owned or operated public water supply and distribution system, the developer or subdivider shall cause a water distribution system, meeting the standards herein specified, to be constructed and installed in such Planned Unit Development and shall further cause said water distribution system to be connected to the existing county owned or operated public water supply and distribution system 65 which is located as specified in said Subsection B. This requirement also applies to new phases of existing subdivisions when these phases have not been previously approved by the Harnett County Planning Board and are now being developed as a Planned Unit Development. Consideration shall be given to the acreage of an entire tract and the number of potential lots therein, taking into account topography, feasibility of the land for further subdivision development, and other factors. Where, in the opinion of the Planning Board and Utility Department, a Planned Unit Development cannot be economically connected to a county owned or operated water distribution system, the subdivision must contain adequate area (based on information concerning the soil survey, water table, type of sewage disposal, etc.) for the installation of private water supply systems, and must be approved in writing by the County Health Department. hi addition, where, in the opinion of the Planning Board and Utility Department, a Planned Unit Development cannot be economically connected to a county owned or operated water distribution system, the developer or subdivider may establish and create a public water supply system or connect the subdivision to an existing public water supply system. However, such created public water supply system or such water distribution system to be connected to an existing system shall be approved by and meet the requirements of all federal, state, and local governments, including but not limited to the Division of Health Services, Department of Human Resources of the State of North Carolina and the North Carolina Utilities Commission. B. Distance Specification: A Planned Unit Development shall be required to meet the conditions of this section when the Planned Unit Development is located within that number of feet of an existing county owned or operated water supply and distribution system which equals the product of the number of lots within the subdivision (including lots to be developed in the future) multiplied by 100, PROVIDED HOWEVER, that the maximum distance required for connection shall be 5000 feet. C. Subject to Capacity Sufficiency: In the event that a Planned Unit Development should meet the distance specification requirements of Subsection B and the county owned or operated water supply and distribution system to which the Planned Unit Development would connect shall be of insufficient capacity to permit the delivery of water to said subdivision, the subject Planned Unit Development shall be relieved of the requirement to connect to such county system. D. Review Requirements: When a developer or subdivider is required to install a water distribution system pursuant to this section, prior to final approval of the record plat, the plans for the water distribution system to be so installed shall be submitted to the County Director of Public Utilities. The location, size and specifications of the water distribution system shall be placed upon said plat for review and approval. The County Director of Public Utilities shall review the information supplied and detem»ne whether the plans meet the requirements of this section. E. Plan Specification: The plans for a water distribution system to be installed pursuant to this section shall show and/or state thereon such information as will indicate that the system planned will meet, when constructed and installed, the requirements of this section. F. Water Distribution Svstcm Specifications: A water distribution system to be constructed within a Planned Unit Development pursuant to this section and/or connected to the count- owned or operated system shall: I. Be properly connected in such a manner as to adequately serve all lots shown on the subdivision plat (including both present and future lots) for domestic use and fire protection. 66 2. Conform to the specifications of the Harnett County Department of Public Utilities as provided by said Department and conform to the accepted standards of good practice for water system construction, as specified by the Division of Health Services, Department of Human Resources, of the State of North Carolina (or any successor agency thereof) and as specified in the Harnett County water system extension policy. 3. Be approved by the necessary Federal and/or State agencies prior to or at the time of completion. 4. Conform to all Federal, State and/or local ordinances, rules and regulations relating thereto and any license and/or permits required thereby shall be obtained. 5. Be constructed pursuant to the necessary contractual agreements required by the policies, rules and regulations of the Harnett County Department of Public Utilities. G. Fire H, d} rants: In a Planned Unit Development where an adequate public water supply system is available, the developer or subdivider shall install fire hydrants in such a manner that the subdivision is afforded adequate fire protection or as provided in this Ordinance. t. All hydrants shall be American Water Works Association approved. 2. No fire hydrant shall be installed on less than a 6" main. 3. Hydrants shall have two 2 %" and one 4 Yz' connection with threads of the National Standard Thread type. 4. The upper hydrant operation stem within the bonnet shall be sealed and lubricated by means of an oil or grease bath. The operating nut shall be Nation Standard Pentagon type measuring l '/2" from point to flat. Hydrants shall open left. 5. Fire hydrants shall be located in such a manner that no lot is further than five hundred feet (500) from a hydrant. 6. All hydrants shall be famished with barrel and stem extensions as required for the final field location. Nominal minimum bury will be 3 '/z feet. 7. All fire hydrants shall be located on the right side of the road way in which responding fire apparatus would travel within the Planned Unit Development. 8. All hydrants at finish grade shall measure 18" from the ground to center of steamer cap. 9. The Fire Marshal's office shall approve all hydrant types and locations in Planned Unit Developments and any alterations to the requirements specified in this section related to fire hydrants and fire protection. H. Planned Unit Developments Where Section Not Applicable: When located outside the service area of a County owned or operated water supply and distribution system and/or outside the distance specifications, lot sizes within a Planned Unit Development may be allowed to be reduced, provided adequate water is available for domestic use from a community water system to be installed by the developer; and provided six (6) inch water lines are installed to service fire hydrant locations such that no lot is farther than 500 feet from such a location, and stub outs with gate valves are provided at said fire hydrant locations. If the Planned Unit Development does not meet these provisions, it shall be considered under the regulations specified herein for property not having public water available. 1. Construction Period: When a Planned Unit Development is to be developed in phases, the water distribution system required hereunder may be constructed in steps simultaneous with the development of each phase. Section 3.2 Sewage Disposal System A. Connection Requirement: As to any Planned Unit Development which is created after the adoption of this section and is located within that number of feet of an existing county owned or operated sewage disposal system as is specified in Subsection B below, whether the Planned Unit Development is located within or without the service area if an existing county owned or operated public sewage disposal system, the Developer or Subdivider shall cause a sewage disposal system, 67 meeting the standards herein specified, to be constructed and installed in such Planned Unit Development and shall further cause said sewage disposal system to be connected to the existing county owned or operated public sewage disposal system which is located as specified in said Subsection B. This requirement also applies to new phases of existing subdivisions where these phases have not been previously approved by the Harnett County Planning Board and arc now being developed as a Planned Unit Development. Consideration shall be given to the acreage of an entire tract and the number of potential lots therein, taking into account topography, feasibility of the land for further subdivision development, and other factors. Where, in the opinion of the Planning Board and Utility Department, a subdivision cannot be economically connected to a County owned or operated sewage disposal system, the subdivision must contain adequate area (based on information concerning the soil survey, water table, type of water source, etc.) for the installation of private sewage disposal systems, and must be approved in writing by the County Health Department. In addition, where, in the opinion of the Planning Board and Utility Department, a subdivision cannot be economically connected to a County owned or operated sewage disposal systcnm, the Developer or Subdivider may establish and create a public sewage disposal system or connect the subdivision to an existing public sewage disposal system. However, such created public sewage disposal system or such sewage disposal system to be connected to an existing system shall be approved by and meet the requirements of all Federal, State and local governments, including but not limited to the Division of Health Services, Department of Human Resources of the State of North Carolina and the North Carolina Utilities Commission. B. Distance Specification: A Planned Unit Development shall be required to meet the conditions of this section when the subdivision is located within that number of feet of an existing County owned or operated sewage disposal system which equals the product of the number of lots within the Planned Unit Development (including lots to be developed in the future) multiplied by 100; PROVIDED HOWEVER, that the maximum distance required for connection shall be 5,000 feet. C. Subject to Capacity Sufficieucv: In the event that a Planned Unit Development should meet the distance specification requirements of Subsection B and the County owned or operated sewage disposal system to which the Planned Unit Development would connect shall be of insufficient capacity to permit the collection and treatment of sewage from said Planned Unit Development, the subject Planned Unit Development shall be relieved of the requirement to connect to such County system. D. Review Requirements: When a Developer or Subdivider is required to install a sewage disposal system pursuant to this section, prior to final approval of the record plat, the plans for the sewage disposal system to be so installed shall be submitted to the County Director of Public Utilities. The location, size, and specifications of the sewage disposal system shall be placed upon said plat for review and approval. The County Director of Public Utilities shall review the information supplied and determine whether the plans meet the requirements of this section. E. Plan Specification: The plans for a sewage disposal system to be installed pursuant to this section shall show and/or state thereon such information as will indicate that the system planned will meet, when constructed and installed. the requirements of this section. F. Sewage Disposal System Specifications: A sewage disposal system to be constructed within a Planned Unit Development pursuant to this section and/or connected to the County, owned or operated system shall: 1. Be properly connected in such a manner as to adequately serve all lots shown on the Planned Unit Development plat (including both present and future lots). 68 2. Conform to the specifications of the Harnett County Department of Public Utilities as provided by said Department and conform to the accepted standards of good practice for sewage system construction, as specified by the Division of Health Services, Department of Human Resources, of the State of North Carolina (or any successor agency thereof) and as specified in the Harnett County sewage system extension policy. 3. Be approved by the necessary Federal and/or State agencies prior to or at the time of completion. 4. Conform to all Federal, State and/or local ordinances, rules, and regulations relating thereto and any license and/or permits required thereby shall be obtained. 5. Be constructed pursuant to the necessary contractual agreements required by the policies, rules, and regulations of the Harnett County Department of Public Utilities. G. Construction Phased: When a Planned Unit Development is to be developed in phases, the sewage disposal system required hereunder may be constructed in steps simultaneous with the development of each phase. H. Planned Unit Developments Where Section Not Applicable: When located outside the service area of a County owned or operated sewage disposal system and/or outside the distance specifications, lot sizes within a subdivision may be allowed to be reduced, provided adequate sewage disposal is provided from a community sewerage system to be installed by the developer. If the subdivision does not meet these provisions, it shall be considered under the regulations specified herein for property not having public sewage disposal. Section 4.0 Off Street Parking Requirements Permanent off - street parking spaces shall be provided according to the requirements set forth in the following sections. Section 4.1 Minimum Parking Space Requirements Parking space requirements for the uses listed below is as follows: (1) Residence, single family or two family - two (2) spaces for each dwelling unit (2) Residence, multi - family — one (1) and one -half ('/3) spaces for each dwelling unit (3) Golf Courses — four (4) spaces for each hole (4) Public or Private Clubs and Community Centers — one (1) parking space for each 200 square feet of gross floor area. (5) Restaurants — one (1) space for each four (4) seats, plus one (1) space for each two (2) employees (6) Shopping Centers — parking spaces for individual uses therein may be provided collectively. Such parking spaces shall be provided on the basis of six (6) spaces for each 1,000 square feet of gross floor space in the center. (7) General or professional offices — one (1) space for each 200 square feet of gross floor space plus one (1) space for each two (2) employees (8) Retail uses not otherwise indicated — one (1) space for each 200 square feet of gross floor space (9) Industrial and wholesale uses — one (1) parking space for each employee on the largest shift. (10) Other unspecified uses — as approved by the Harnett County Board of Commissioners following recommendations from the Planning Board and Planning Department staff. 69 Section 4.2 Lighting Except for single family and two family dwellings, all other parking areas shall be lighted adequately by lighting fixtures which shall be so installed as to protect the streets and neighboring properties from direct glare or hazardous interference of any kind. Section 4.3 Improvements Design and Location Standards All off - street parking lots, except for single family and two family residences, including exits, entrances and maneuvering and parking areas shall: (1) Abut a dedicated street or alley (2) 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 (3) Be graded so as to ensure positive drainage (4) Be permanently maintained by the individual owner or by the Homeowners' Association Section 4.4 Parking Area Surface Requirements All parking area surfaces and access drives of business, industrial, wholesale or recreation uses shall be surfaced with concrete, asphalt or a minimum of six (6) inches of compacted gravel and shall be maintained in a dust free condition. Section 4.5 Individual Parkins; Space Size Requirements The minimum width of each space is nine (9) feet and the length of each space is twenty (20) feet Except for parking lots whose surface is compacted, each parking space shall be marked. However, the requirement for marking spaces shall not apply to single family residences but does apply to all other residential uses. Section 5.0 Off Street Loading Requirements All business, industrial, wholesale, recreation and other specified uses shall provide off - street loading spaces sufficient to allow all loading and unloading of vehicles to take place entirely within the property lines of the premises. Industrial and Wholesale - Considered as one establishment: one berth for every 10,000 square feet of gross floor area plus one berth for each additional 10,000 square feet of gross floor area up to 30,000 square feet plus one berth for every 30,000 square feet of gross floor area or a portion thereof in excess of the first 30,000 square feet of gross floor area. Recreation: for pro shops, community centers and other related structures used for active recreation one berth if over 10,000 square feet of gross floor area and one berth for each additional 15,000 square feet of gross floor area up to 45,000 square feet. Clubhouses of less than 10,000 square feet shall provide service drives but are not required to have a loading dock. Other Unspecified Uses: As approved by the Harnett County Commissioners following recommendations from the Planning Board and Planning Department staff. Section 5.1 Design Criteria Loading berths shall have the following minimum dimensions: width — 12 feet; length — 55 feet; and height clearance — 15 feet. 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 rights -of -way. 70 Section 5 2 Requirements for Specified Uses The minimum number of off - street loading berths to be provided by individual establishments shall be according to the following schedule: Retail Service Establishments: one berth for every 15,000 square feet of gross floor area; however, two or more adjoining establishments with a total gross floor area of less than specified herein shall be considered as one establishment. Section 6.0 Sign Requirements It is the intent of this Ordinance that all signs erected or installed within a Planned Unit Development have an aesthetically pleasing appearance which contributes to the area's attractiveness. To achieve this goal, signs must be uniform in appearance and of a size which is in direct proportion to the site upon which it's located. While it is recognized that signs have a role to play in conveying information to the general public, it is also recognized that improper use of signs can be detrimental to real estate development. To accomplish this goal, no exterior sign may be erected, posted, re- posted, placed, replaced, hung, re -hung, painted or re- painted except in compliance with this Ordinance and any other applicable regulations. Section 6.1 Prohibited Signs (1) Any sign that obscures a sign displayed by public authority for the purpose of giving traffic instruction, direction or other public information (2) Any sign that uses the word "stop" or "danger' or is a copy of any other sign erected by a public authority for the purposes of public safety (3) Any sign that obscures or 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 (4) Any portable sign including any sign displayed on a vehicle when used primarily for the purpose of such display; provided, however that this paragraph shall not apply to temporary political signs (5) Any sign that violates any provision of State or Federal Regulations relative to outdoor advertising (6) Outdoor Advertising Signs which include any outdoor sign, display, device, plaque, poster, billboard or any other thing designed or intended to advertise or call attention to a subject unrelated to the premises upon which the sign is located. Section 6.2 Illumination If illuminated, signs shall conform to the following requirements: (1) Signs installed under the provisions of this ordinance shall be constructed to meet the requirements of all applicable electrical codes. (2) Signs using flashing, intennittent or moving lights are prohibited except those giving public information such as time, temperature and date. (3) Illuminated 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 pernittcd. (4) Display lighting shall be shielded so as to prevent direct rays of light from being cast into any adjoining property or vehicle approaching on a public right -of -way from any direction. Section 6.3 Setback Requirements Free standing signs shall be set back at least ten (10) feet from any public right -0f - -way or properly line and fifty (50) feet from any road intersection, except for those signs erected for orderly traffic control and governmental purposes or directional signs of less than six (6) square feet. Section 6.4 Calculation of Sign Dimensions The square foot area shall be measured to include the entire sign including lattice work, fencing or wall work incidental to its decoration. For signs consisting of individual letters placed directly on a 71 wall, building surface, awning or marquee, the area of the sign shall be that of the smallest parallelogram within which all of the lettering combined can be included. Section 6.5 Sign Size Requirements Signs for retail and service, industrial and wholesale and recreation facilities are permitted as on- premise signs according to the following limitations: (1) No sign shall project more that one (l) foot from any building wall. (2) If suspended from under a canopy, the sign shall be not less than eight (8) feet above the sidewalk, pavement or ground level. (3) No sign shall be mounted on any roof nor shall any sign extend above any parapet wall. For purposes of this Subsection, `roof' shall mean that portion of the entire roof that covers the enclosed portion of the structure. (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 case greater than 300 square feet. (5) Establishments within a shopping complex containing five (5) or more businesses located in a unified building or group of buildings may have one (1) individual storefront sign per business provided that no sign shall exceed 100 square feet. Additionally, the shopping complex as a whole may have one (1) detached sign per street front not to exceed 300 square feet in area per street front. No detached sign in this category shall be taller than thirty -five (35) feet above grade. (6) Any sign painted on a building wall shall meet all applicable requirements of this section. Section 6.6 Signs for Residential Uses Signs for residential uses within Planned Unit Developments may be pennitted according to the following requirements: (1) Each Planned Unit Development may have one (1) identification sign on each side of the primary entrances to the site and shall not exceed fifty, (50) square feet each. Letters or designs on a permanent entrance monument arc not "signs" for purposes of Section 8.6(1). (2) Planned Unit Development identification signs shall be located on private property and shall be installed so as to not interfere with the line of sight needed for safe movement onto the intersecting road. (3) Such signs may be lighted intemally or externally. If lighted externally the lights shall be shielded so as to not interfere with traffic flower shine on adjoining property. Section 6.7 Application Procedure Applications for permits to erect, hang, place, paint or alter the structure of signs shall be submitted to the Administrator of this Ordinance or his designee on forms available from the Harnett County Planning Department. Each application shall be accompanied by a plan showing the following: (1) The exact location on the structure on which the sign is to be located (2) Size, character, general layout and design of the sign and be accompanied by shop drawings. (3) The method and type of illumination, if any (4) The location proposed for such signs in relation to property lines, intersections and other existing signs (5) If needed, the Administrator of this Ordinance may require additional information which will enable him to detennine if such signs are to be erected in conformance with these regulations. (6) Applicants shall pay any administrative fee established by the County at the time the permit application is filed. Section 6.8 Administration The Administrator of this Ordinance or his designee shall issue a permit for the erection or construction of signs which meets the requirements of this Ordinance. 72 Section 7 0 Naming of Planned Unit Developments and Other Required Improvements All Planned Unit Developments shall establish a name that is reviewed and approved during the review process. Other improvements including, but not limited to, street signs and sidewalks are required. Section 7.1 Naming of Planned Unit Developments All Planned Unit Developments constructed within the jurisdiction of Hamett County shall be named. Names shall be approved during the development review process and exact or phonetic duplications of existing subdivision names shall not be allowed. The use of initials, acronyms, letters; numbers and Roman numerals in subdivision names is prohibited. Subsections of a Planned Unit Development may also be named provided that such subsections are clearly identified as being part of a larger development and shall be so labeled on recorded plats. Section 7.2 Street Signs Street sips of a design approved by Harnett County are required and shall be provided by the developer. All street signs shall be purchased through the County prior to approval of any final plats. All street signs and other public signs may be mounted on plaques and/or posts at the cost of the Developer if such installation does not distract from the public purpose of the signs. Such non - standard signs shall be maintained by the Homeowners Association of the Planned Unit Development. All sign installation must be in accordance with the regulations set forth by the Harnett County E -911 Coordinator. Section 7.3 Sidewalks In clearly defined subsections of any Planned Unit Development in which the residential density exceeds three (3) dwelling units per acre sidewalks shall be required. Sidewalks shall be concrete and must be not less than four (4) feet wide. Sidewalks are required on only one (1) side of the street. Section 8.0 Lot and Setback Requirements Lots sizes and setbacks of structures are to be established by area on the preliminary plat. Unless otherwise approved on the preliminary plat, lots and cul-de -sacs within Planned Unit Developments must be designed according to the following criteria. And unless otherwise approved on the preliminary plat, structures erected on lots must meet the setback requirements specified herein. Section 8 1 Lot Requirements A. Every lot intended for single family residence shall abut a public or private street for a distance of at least eighty (80) feet except on the bulb of a cul-dc -sac where forty (40) feet is acceptable. In no case shall there be more than one (1) single family residential structure and accessory building per lot. B. Every lot intended for patio homes or townhomes shall abut a public or private street for a distance of at least twenty (20) feet. C. Minimum lot widths for all uses not herein addressed will be determined on a case -by -case basis by the Board of Commissioners following a recommendation from the Pluming Board. D. Lots intended for single family residences not served by public water and sewer shall be at least twenty thousand (20,000) square feet in area. E. Lots intended for single family residences and are served by a public water or sewer system shall be at least fifteen thousand (15,000) square feet in area. F. Lots untended for single fancily residences and are served by public water and sewer service shall be at least ten thousand (10,000) square feet in area. G. Double frontage or reverse frontage lots shall not be permitted. H. Side lot lines shall be substantially at right angles or radial to street lines. I. If septic tank systems are used, in no instance shall any lot be smaller than the size specified by the Environmental Health Section of the Harriett County Health Department. 73 J. Lots intended for apartments which have public water and public sewer service shall abut a public or private street for at least ninety (90) feet. Density shall not exceed twelve (12) units per acre. K. Lots intended for apartments, which have public water or sewer service, shall abut a public or private street for at least one hundred (100) feet. Density shall not exceed nine (9) units per acre. Section 8.2 RESERVED FOR FUTURE USE Section 8.3 Minimum Building Setback Requirements A. The following minimum setbacks shall apply: Front: 30' if the street right of way is 60' or more. 35' if the street right of way is less than 60'. All as measured from the front property line to the body of the structure. The front property line and street right -of -way lines are considered to be coterminous lines. Rear: 25' as measured from the rear property line to the body of the structure. Side: 10' as measured from the side property line to the body of the structure on one side of the structure. 5' as measured from the side property line to the body of the structure on one side of the structure. In no case shall a fixed or operating window, door, or other opening be less than 10' from a side property line as measured from the property line to the fixed or operating window, door, or other opening. Side: (Corner Lot): 20' as measured from the property line to the body of the structure as measured from the right-of-way line for the street abutting the side of the lot. Bay windows and fireplaces may incur into setbacks only if they are cantilevered and have no foundation. Freestanding gazeboes, freestanding decks, sheds and storage buildings are to be treated as accessory buildings. No accessory building shall exceed 600 square feet in area based on exterior dimensions or be located within 5 feet of any property line or easement. All accessory buildings shall be located within the rear yard. B. All measurements shall be taken from the right -of -way line. All required yards shall extend across the full front width, rear width or side width of the lot. Buildings used for non - residential uses, which do not share a common wall shall be located at least 20 feet away from the nearest adjacent structure. C. Cul-de-sacs shall not exceed two thousand (2,000) feet in length.. A minimum of a six (6) inch water line shall be provided on all cul-de -sacs longer than one thousand (1,000) feet in length. Section 8.4 Special Requirements for Nonresidential Uses Commercial, office and industrial uses may be part of a residential Planned Unit Development provided such uses are approved as part of the Outline Development Plan. Additionally, Planned Unit Developments which include a mixture of Commercial, Office and Industrial uses without residential uses may be approved. Mixed use Planned Unit Developments are subject to the following additional requirements: A. Such areas of a specified size shall be planned as an integral part of the Planned Unit Development. B. Proposed uses are needed by and intended primarily for the service and convenience of residents of the Planned Unit Development. C. Such areas shall be so located and designed so as to provide direct access to a major street without creating traffic hazards or congestion on other streets. D. The layout of parking areas, loading areas, entrances, exits, landscaping, 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. 74 E. No building designed or intended to be used, in whole or in part, for commercial purposes shall be constricted prior to the construction of less than fifty (50 %) percent of the dwelling units proposed in the plan or construction of one hundred (100) dwelling units whichever is smaller. F. Golf courses open to the public and tennis clubs open to the public are not subject to Section 8.4 Section 9.5 Dimensional Requirements for Nonresidential Uses Industrial uses within Planned Unit Developments are subject to the following dimensional requirements: A. Industrial uses shall be located on a lot containing not less than one (1) acre exclusive of any right -of -way. B. The minimum lot width is 150 feet as measured at the front property line. C. The minimum required front yard is 50 feet measured from the front property line. No off street parking shall be allowed in the required front yard. D. The minimum required rear yard is 25 feet measured form the rear property line. E. The minimum required side yard is 25 feet except for corner lots. The yard on the side of the lot abutting the side street shall be no less than 50 feet. F. There is no maximum building height. Commercial and office uses within Planned Unit Developments are subject to the following dimensional requirements: A. Commercial and office uses shall be located on a lot containing not less than 30,000 square feet exclusive of any right -of -way. B. The minimum lot width is 100 feet as measured at the front property line. C. The minimum required front vard is 35 feet measured from the front property line. No off street parking or storage shall be allowed in the required front yard. D. The minimum required rear yard is 25 feet measured from the rear property line. E. The minimum required side yard is 25 feet except for corner lots. The yard on the side of the lot abutting the side street shall be no less than 50 feet for corner lots. Section 9.0 Specialized Residential Uses Within Planned Unit Developments When approved as part of the Outline Development Plan and subsequent preliminary and final plats certain types of specialized residential uses such as townhomes, condominiums, patio homes, inns, congregate residences and continuing care retirement facilities may be constructed according to the following requirements: Section 9.1 Residential Uses Condominiums shall meet all requirements of the North Carolina Unit Ownership Act and all applicable Harnett County regulations. Patio Homes when designed as single family residences built on individual lots on which the dwelling meets the required setbacks in the front, rear and one (1) side yard. Inns containing the required ancillary facilities. Congregate Residence containing apartments and dwellings with communal dining facilities and services provided such as housekeeping, recreation and transportation for age - restricted unrelated able - bodied adults with assistance provided by a limited number of staff. Continuing Care Retirement hocilities providing a continuum of accommodations and care from independent living to long -term care for an age- restricted population. Other permits from the State of 75 North Carolina are required for this type of facility. Plan approval by Harnett County does not grant or imply such approval will be forthcoming. Section 10.0 Administration of the Planned Unit Development Section This section shall be administered and enforced by the Chief Planner of Harnett County or his designee and is hereby appointed in that capacity through adoption of this section. Section 10.1 Amendments The Harnett County Commissioners may from time -to -time make amendments to this ordinance according to North Carolina General Statutes. However, no amendment shall become effective unless it shall have been proposed by or shall have been submitted to the Harnett County Planning Board for review and recommendation. The Harnett County Planning Board shall have sixty (60) calendar days within which to submit a recommendation. If a recommendation is not submitted within the specified time, it shall be deemed to have recommended approval of the proposed amendment. Section 10.2 Conflicts When the requirements of this Ordinance conflicts with the requirements of other lawfully adopted rules, regulations or ordinances of Harnett County or deed restrictions imposed by the developer or subdivider, the more stringent requirements shall govern. Section 10.3 Fees The Harnett County Board of Commissioners shall establish the fees to be paid by the developer or subdivider for review of preliminary and final plats. However, no plats shall be reviewed until all required fees have been paid. Section 10.4 Duty of Register of Deeds The Planning Board of Harnett County shall file a copy of this Ordinance with the Register of Deeds of Harnett County. The Register of Deeds shall not thereafter file or record a plat of a subdivision located within the applicable territorial jurisdiction of Harnett County without the approval of die Planning Board and the County Commissioners, as required in this section. The filing or recording of a plat of a subdivision without the approval of the Planning Board and the County Commissioners as required by this Ordinance, shall be null and void. The Clerk of Superior Court of Harnett County shall not order or direct the recording of a plat where such recording would be in conflict with this section. Section. 105 Penaltv If a person who is owner or agent of the owner of any land located within the territorial jurisdiction of Harnett County subdivides his land in violation of this section or transfers land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under this Ordinance and recorded in the Office of the Register of Deeds of Harnett County, he shall be guilty of a misdemeanor. The description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring land does not exempt the transaction from this penalty. Any person violating any provisions of this Ordinance or who shall violate or fail to comply with any other made thereunder, shall be punishable by a fine not to exceed five hundred dollars ($500.00). Each day such a violation shall be permitted to exist shall constitute a separate offense. Section 1 I 0 Exceptions Notwithstanding the requirements of the Harnett County Zoning Ordinance any development which has more than 500 lots and which has prior to the date of the adoption of the Harnett County Planned Unit Development section received approval of all or part of its plans under the Harnett County Subdivision Ordinance shall not be required to obtain conditional use permits under this Zoning 76 Ordinance nor be required to obtain any additional approvals of its Outline Development Plan for the entire Planned Unit Development nor be required to obtain any additional approvals of those preliminary plats previously approved under the Harnett County Subdivision Ordinance. Such development must, however, still meet the preliminary plat requirements of the Planned Unit Development section for those phases of the development not previously approved under the Harnett County Subdivision Ordinance and must also meet the final plat requirements of the Planed Unit Development section to each and every phase of the development as each phase is developed and prior to the filing of each final plat. Section 12.0 Definitions and Interpretations For the purpose of the Planned Unit Development section only, the following terms have been defined as: Accessory Building or Use: 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 section. clearly incidental to, subordinate in purpose to, and serves the principal usc; 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. Freestanding gazeboes, freestanding decks, sheds and storage buildings are to be treated as accessory buildings. No accessory building shall exceed 600 square feet in area based on exterior dimensions or be located within 5 feet of any property line or easement. All accessory buildings shall be located within the rear yard. Buffer: is a dense, evergreen hedge or solid fence or wall without any openings used to enclose screen or separate certain uses as specified in this ordinance. The design, composition, height, width and location of such facilities shall be approved by the Planning Board prior to installation. All buffers shall be maintained in perpetuity for the life of the development by either the developer or Homeowners' Association. Building: is a structure enclosed and isolated by exterior walls constructed or used for residence, business, industry or other public or private puiposcs. or accessory thereto, and including tents, lunch wagons, dining cars, trailers, and similar strictures whether stationary or movable. Building, Principal: is a building in which is conducted the principal use of the plot on which it is situated. Business Establishment Convenience TNVe: is a conhmercial enterprise that caters to the daily needs of residential neighborhoods. Examples include laundronhats, grocery stores, and quick stops. Convenience business establishments shall not be construed to encompass retail sales not geared toward neighborhood convenience. Condominium: a building or group of buildings in which dwelling units are owned individually and the structure, common areas and facilities are owned by all owners on a proportional, undivided basis and meets the requirements of the N.C. Unit Ownership Act as specified in GS47A -I et seq. Congregate Residences: Apartments and dwellings with communal dining facilities and services such as housekeeping, organized social and recreational activities and other support services appropriate for the residents. 77 Continuing Care Retirement Facility: an age- restricted development that provides a continuum of accommodations and care ranging from independent living to long -term bed care and enters into contracts to provide lifelong care in exchange for the payment of monthly fees and an entrance fee in excess of one year of monthly fees. Developer (also "Development Owner" and "Subdivider ") is a person or entity, its successors or assigns, which owns or has a contract or option to own the property as submitted as a Planned Unit Development. Duplex: 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- fammily dwellings, but not including hotels or motels. Dwelling, Multiple- Family: is a building containing three or more dwelling units. Dwelling, Single Family: is a site -built structure containing one dwelling unit only. Dwelling. Unit: consists of one or more rooms which arc 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 ". Frontage: is die length of all the property fronting on one side of a street between the two nearest intersecting streets, measured along the line of the strut, or if dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street. Homeowners' Association: 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. Industrial Park: is a special or exclusive type of planned industrial area designed and equipped to accommodate a conmmunity 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. Inn: A commercial facility not exceeding fifty (50) sleeping rooms and related ancillary facilities for the housing and feeding of transients located within a planned unit development and intended primarily for users of the development's recreation facilities and located adjacent to the primary recreation facility. Lot: 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 section. Lot, Depth: Is the average horizontal distance between front and rear lot lines. 78 Lot, Width: is the average horizontal distance between the side property lines. Outline Development Plan: The master plan for the planned unit development that is approved by the Planning Board and Board of Commissioners. Ownership and Maintenance of Recreational Areas and Required Open Space • Required recreational facilities and usable open space shall be dedicated either to the County or to a HOmeoNvners' Association or similar organization. • The person or entity identified as having the fight 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 charge a special individual fee only for the exclusive use of such areas. Patio Home: A single family dwelling on a separate lot with open space setbacks on three sides with one side of the dwelling being on or near a side property line. Planned Unit Development: is a development constructed on a tract of at least ten (10) acres under single, corporation, firm, partnership, or association mviiership 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. 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 minhnum 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 sideline 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 propery and related in location, size, and type of shops to the trade area which the unit serves. Sign: is an advertising device used to disseminate infornation concerning a person, place, or thing. Sitrr — Business: is any sign, which directs attention to a business, profession, industry, or service located on the promises where such sign is displayed. Sign - 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 constricted 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. 79 Subdivision Administrator: The Chief Planner in the Harnett County Planning Department or his designee who has administrative and enforcement duties related to this section. Townhome: An attached single family dwelling on a fee - simple lot meeting the minimum front and rear yard setback requirements and sharing a common side(s) with adjoining units within a townhome complex. Unit Ownership Structure: 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 0«rnership Act of Chapter 47A -1 et seq. N.C. General Statutes. Yard, Required Front: is an open space on the sane lot with a building, between the minimum front setback line and the front property or street right -of -way line extending across the full width of the lot. Yard, Required 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. 80 Section 13.0 Certificates APPENDIX A Certificates The following certificates are recrimed to appear on all final Planned Unit Development plats or to apM on a separate sheet to be permanently attached to all final Planned Unit Development plats. Certification of Ownership, Dedication and Jurisdiction (we) hereby certify that I ant (we are) the owner(s) or agent of the property shown and described hereon and that 1 (we) hereby adopt this plan of a Planned Unit Development with my (our) free consent, establish the minimum building setback lines. and dedicate all streets, alleys, walks, parks, and other sites and easements to public or private use as noted, and all of die land shown hereon is within the Subdivision Ordinance jurisdiction of Harnett County except: 2000 (Date) Tax Parcel ID Number (Owner) (Owner) Certificate of Accuracy and Mapuink I, , certify that this map was (drawn by me) (drawn under my supervision) from (an actual survey made by me) (an actual survey made under my supervision) (deed description recorded in Book _, Page _; Book _, Page etc.) (other) that the error of closure as calculated by latitudes and departures is ; that the boundaries not surveyed are shown as broken lines plotted from information found in (Source) Witness my hand and seal this day of 12000 Registration Number: (Surveyor) Certificate of Approval by the Planning Board The Harnett County Planning Board hereby approves the final plat for the Planned Unit Development. 2000 (Date) Chairman, Harnett County Planning Board Evil Certificate of Approval by the County Commissioners The Harnett County Board of Commissioners hereby approves the final plat for Planned Unit Development. (Date) Chairman, Harnett County Board of Commissioners Certificate of Registration by Register of Deeds North Carolina Hamett County Filed for registration on the day of _ at _ (a n/pm) and duly recorded in the Map Book at page Register of Deeds of Harnett County NOTE: N.C. DEPARTMENT OF TRANSPORTATION, HARNETT COUNTY HEALTH DEPARTMENT AND HARNETT COUNTY PUBLIC UTILITIES HAVE THEIR OWN STAMPS. 82 Article XI Mining 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 detennine whether, and under what conditions or safeguards they should authorize mining by the issuance of Conditional Use Permits. Section 2.0 Statement of Purpose 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. B. The operation will not have a significantly adverse effect on the purposes of a publicly -owned park, forest, or recreation area. 2.4 A 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 Miming 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. 83 Section 5 0 Screening Standards 5.1 A visual screen of at least fifty percent (50 %) 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 detennines 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 (50 %) 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 (50 %) 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. B. It is detemnined that due to topographic, or other circumstances where, through no fault of the permittec, 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 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 X11 Board of Adiustment 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 b_v 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. 84 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 Hiles 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. IA 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 deterni oration of the Zoning Administrator or to grant a variance from the provision of this Ordinance. Section 2.0 Powers and Duties The Board of Adjustment shall have the following powers and duties: 2.1 Administrative Review 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. 2.2 Variance To authorize upon appeal in specific cases such variances from the terms of the Ordinance as will not be contrail 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 denial 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 appficant. 95 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 pernnits as prescribed elsewhere in this Ordinance. Section 3,0 Filing and Notice of an Appeal 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 Chanties and Amendments 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 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: Lt t Initiation of Amendments A. Proposed changes or amendments to the Official Zoning Map may be initiated by the Countv 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 parry. 96 1.2 Application T 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 Planning Board 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 reconmtendation unless: 2. t 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 pennitted 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. Section 3.0 Action by the Board of County Commissioners 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 Notice 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 propem 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. 87 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 Administration and Enforcement 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 Achrumstmtor 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 pemnit 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 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, dranvn 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 die lot, and such other matters as may be necessary to detemnine conformity with. and provide for the enforcement of this Ordinance. One copy of the plans shall be kept by die 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. 99 Section 5.0 Fees Thu 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 pennit shall expire. If after commencement, the work is discontinued for any period of six (6) months, the permit shall immediately expire and to ther 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 pen-nits 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 9.0 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 buildungs, 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 Appeal If a land use permit is denied, the applicant nmay 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 Appeal 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 die 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. 99 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 Us c 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, suborduhate in purpose to, and serves the principal usc; 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, employes, 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 Nightclub - 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. All N 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 (See Dwelling, Multi - Family) Billboard (See Sign, Outdoor Advertising) Block is a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rightsof -way, shore lines of waterways or municipal boundary- lines. 90 Bona Fide 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, provided that a farm serial number issued by the United States Department of Agriculture (U.S.D.A.) Harnett County Farm Service Agency has been obtained and 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 Buffer is a dense, evergreen hedge or solid fence or wall used to enclose, screen. or separate certain uses as specified in this 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. Business Establishment Convenience Twe is a commercial enterprise that caters to the dailv 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" arc conducted by a board of directors; executive committee or similar body chosen by the members. Duplex is a residential use consisting of two dwelling units within a single building on a single lot. Dwclhn 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 dwcll ng units. Dwelling, Single Family is a site -built structure containing one dwelling unit only. Dwelling Unit consists of one or more rooms which are arranged, designed, or used as living quarters for one fancily only. Individual bathroom(s) and complete kitchen facilities, pernianently 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. Flea Market (Rummages and Secondhand) - Sales area (indoors or outdoors) in which space is set aside or rented, and is intended for use to sell a variety of articles such as those which are either homemade, hand- crafted, new, used, old or obsolete. 91 Floor Area (for determining off - street parking and loading requirements) 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. 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 strut, 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 time character thereof, no more than one (1) assistant may be employed by home occupations. Provided fiuther, 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. Homeomwhers Associations 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 die costs associated %kith 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 fiimishing and laundering of linen, telephone and secretarial or desk service, the use and upkeep of furniture, and bellboy service. Incompatible Use is a use or service which is unsuitable for direct association and/or contiguity with certain other uses because it is contradictory, incongruous, or discordant. Industrial Park 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. Junk 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. 92 Junky 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. Land Clearing and Inert Debris (LCID Landfill) - A lot, parcel, area, or facility for the land disposal of land clearing waste, concrete, brick concrete block, uncontarninated soil, gravel and rock, untreated and unpainted wood and yard trash by burying and covering with soil. This definition does not include the placing of any Land Clearing or Inert Debris on a lot, plot, or parcel that was generated on, or came from the property on which it was placed, by the owner of the property. See definition of Land Clearing Waste and Yard Trash. Land Clearing Was - Solid waste that is generated solely from land clearing activities such as stumps, trees, limbs, brush, grass and other naturally occurring vegetative material. Yard Trash - Solid waste resulting from landscaping and yard maintenance such as brush, grass, tree limbs, shrubbery, leaves and similar vegetative material. Lot 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 arc 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 (triple -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 fancily, 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 Parlors is a place of business where massagists are employed to offer massage for a salary or fee. Massagist is one who offers to massage another for a fee. Mini - Warehouse (Self - Storage) — A building or group of buildings designed to provide separate access to individually rented storage units used exclusively for storing customer's goods or wares. No sales, service, or repair activities other than the rental of storage units and its related activities, are permitted within storage units. 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. 93 Ownership and Maintenance of Recreational Areas and Required Open 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 Hamett County or its agencies, including, but not limited to, water systems, waste water systcros, and storm water facilities. Recreational Vehicle is a vehicular, portable structure without permanent foundation that can be towed, hauled or driven and is designed for travel, recreation or vacation purposes. It is not designed to be used as a permanent dwelling unit. Recyclable s - 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. Recvcling 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 arc 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 die 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. 94 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. Siam 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. Sign - Outdoor Advertisine 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 Pool 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, townlmouses, 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 vehicular, portable structure built on a chassis, designed to be towed by an automobile or similar vehicle for travel, recreation or vacation purposes. 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. Underoimming 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 stone 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; 95 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. Use is any continuous or continual occupation or activity taking place upon a parcel of land including, but not limited to, the location of tents, trailers, the storage of cars, machinery or other materials. Yard Required 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 -way line extending across the full Nvidth of the lot. Yard Acquired Side is an open, space on the s:une 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, Required 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. 96 Duly amended this day of ?06 rwar v Two Thousand One Kowa J. /3.Qa.K.c,/► 4d Kay S.glanchard, Clerk to the Board ACKNOWLEDGEMENT HARNETT COUNTY NORTH CAROLINA I P— aVh{g,a Fjj V . a Notary Public of the County and State aforesaid, certify that Teddy J. Byrd personal came before me this day who being made 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 and scaled by him, attested by the said Clerk and the County's seal affixed thereto, all by authority of the Board of Commissioners of said County, and the said Teddy J. Byrd acknowledged said instrument to be the act and de This is the I'I *t' day of G r a� Commission Expires: 11-14 -2D �_ 97 H ETT COUNTY BOARD OF COMMISSIONERS 1 Teddy J. Byr \.t1Sp�� y airman ATTEST ` ,;otl�lri' jyYj Kowa J. /3.Qa.K.c,/► 4d Kay S.glanchard, Clerk to the Board ACKNOWLEDGEMENT HARNETT COUNTY NORTH CAROLINA I P— aVh{g,a Fjj V . a Notary Public of the County and State aforesaid, certify that Teddy J. Byrd personal came before me this day who being made 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 and scaled by him, attested by the said Clerk and the County's seal affixed thereto, all by authority of the Board of Commissioners of said County, and the said Teddy J. Byrd acknowledged said instrument to be the act and de This is the I'I *t' day of G r a� Commission Expires: 11-14 -2D �_ 97 Y xtr R�iH C A� KIMBERLY S. HARGROVE REGISTER OF DEEDS, HARNETT COURTHOUSE P.O. BOX 279 LILLINGTON, NC 27546 4Yf i#iikR #h #i*YikkikRhkf iYiif* kRRR4Y4Yi * *h #h1f *Y # *#Rxhkiiii*i RkRRY4f4Y #*Y#Rh #f iYif # ## * #4R4Yi *3*kh # *Rf Yi Yii#Y#k# #f 1411i3Y Filed For Registration: 03/281200103:17:37 PM Book: RE 1482 Page: 653 -750 Document No.: 2001004865 ORDINANCE 98 PGS $200.00 Recorder: TRUDI C SMITH # i# h#* R* f# ik## Y* i*%# Yk% iR* lkikk##R* k%*% k# RRi# ikk# RR* i%* i** R* ii# ikRRR #Ri* #ikR #f * * * * # * %kR #kfY * *ik R *Rhi *k %# % * %kf * * * #k % * #4RR State of North Carolina, County of Harnett The foregoing certificate of DEANNA FITZGERALD KIMBERLY S. HARGROVE , REGISTER OF DEEDS By: to be c r ct. This TH of March 2001 Register of Deeds ++* xi+ w#*+#+ h1wf* i**+ xwwlw*# 3+ x*+ w#+*+ h1x*##+*+ xxww+#++ xxY4+ w++*+ hx* x# w#*# xxlhf3+++ xh+ w## 33# :hxw + + + # +x +xxxxwxx + + +xxxwwwx *2001004865* 2001004865 -flf Y, HONK YOU KTjMDE'-LY S. HARGROVE 4Ef-'T.STER OF DEEDS 7 Tc!NITTH