HomeMy WebLinkAbout10/04/99 Zoning Regulations, Administration, & Enforcement Townhouse & Condo Text AmendmentPus G7
Book 0
Pages 704 -0118
FILED 15 PAWS)
BAENETT COUNTY NC
11/08/1999 10:59 AM
Register Of Dead,
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TOWNHOME AND CONDOMINIUM
REGULATIONS
AMENDMENTS TO THE
HARNETT COUNTY ZONING
ORDINANCE
Amend Article VI, Section 5.2 — RA -30
Add S. Condominium Developments **
Add T. Townhome Developments'
Add ** - Subject to Additional Requirements in Section 5.6
Add * ** Subject to Additional Requirements in Section 5.7
Section 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 withahe 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.
e. Parking spaces are required at the rate of 1'/2 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.
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.
Section 5.7 Townhome Developments
2
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:
1. The Homeowner's Association shall be established before any lots are
sold.
2. Membership shall be mandatory for each buyer and any successive buyer.
3. The developer shall be responsible for all maintenance and other
responsibilities of the Homeowner's Association until sixty percent (600/6;
of all units to be sold are sold.
4. After sixty percent (60%) of all units are sold, the Homeowner's
Association shall levy assessments and assume its responsibilities.
5. The Homeowner's Association shall be responsible for liability insurance,
taxes and maintenance of all recreation facilities, grounds and common
areas.
6. Any sums levied by the Homeowner's Association that remain unpaid
shall become alien on the individual property.
7. 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 I S% 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 noted elsewhere in
this Ordinance shall meet the 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 requirementis
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.
a
4
Amend Article VI, Section 6.2 - AA -20M
Add P. Condominium Developments **
Q. Townhouse Developments * **
Add ** Subject to Additional Requirements in Section 6.8
Add * ** Subject to Additional Requirements in Section 6.9
Section 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 -I 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.
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.
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.,
5
Section 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 built within the zoned area of
Harnett County, 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:
I. The Homeowner's Association shall be established before any lots are
sold.
2. Membership shall be mandatory for each buyer and any successive buyer.
3. 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.
4. After sixty percent (60 %) of all units are sold, the Homeowner's
Association shall levy assessments and assume its responsibilities.
5. The Homeowner's Association shall be responsible for liability insurance,
taxes and maintenance of all recreation facilities, grounds and common
areas.
6. Any sums levied by the Homeowner's Association that remain unpaid
shall become a lien on the individual property.
7. 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.
0
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 noted elsewhere in
this Ordinance shall meet the 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 comer 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.
7
Amend Article VII, Section 7.2 — RA -20R
Add R Condominium Developments **
S. Townhouse Developments * **
Add ** Subject to Additional Requirements in Section 7.7
Add * ** Subject to Additional Requirements in Section 7.8
Section 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 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 l Y2 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.
L 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 within the zoned section of the County, 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.
Section 7.8 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:
1. The Homeowner's Association shall be established before any lots are
sold.
2. Membership shall be mandatory for each buyer and any successive buyer.
3. 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.
4. After sixty percent (60 %) of all units are sold, the Homeowner's
Association shall levy assessments and assume its responsibilities.
5. The Homeowner's Association shall be responsible for liability insurance,
taxes and maintenance of all recreation facilities, grounds and common
areas.
6. Any sums levied by the Homeowner's Association that remain unpaid
shall become a lien on the individual property.
7. 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.
0
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 noted elsewhere in
this Ordinance shall meet the 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 comer 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.
10
ARTICLE XV
Add to Definitions Section — Zoning Ordinance
Homeowner's Association: all of the unit owners acting as a group in accordance with
the by -laws and declaration.
Common Areas and Facilities: unless otherwise provided in the declaration or lawful
amendments thereto, means and includes:
a. The land on which the building or buildings stands and such other land and
improvements thereon as may be specifically included in the declaration, except
any portion thereof included in a unit;
b. The foundation, columns, girders, beams, supports, main walls, roofs, halls,
corridors, lobbies, stairs, stairways, fire escapes, and entrances and exits of the
building;
C. The basements; yards, gardens, parking areas and storage spaces;
d. The premises for the lodging of janitors or persons in charge of property;
e. Installation of central services such as power, light, gas, hot and cold water,
heating, refrigeration, air conditioning and incineration;
f The elevators, tanks, pumps, motors, fans, compressors, ducts, and in general, all
apparatus and installations existing for common use;
g. Such community and commercial facilities as may be provided for in the
declaration; and
h. All other parts of the property necessary or convenient to its existence,
maintenance and safety, or normally in common use.
Condominium: a building or group of buildings in which the dwelling units are owned
individually with the structure, common areas and facilities being owned by all the
owners on a proportional, undivided basis and meets the requirements of the N.C. Unit
Ownership Act as specified in G.S. 47A -1 et seq.
Condominium Unit: an enclosed space consisting of one or more rooms occupying all or
a part of a floor or floors in a building of one or more floors or stories regardless of
whether it:be, designed for residence; for office, for the operation of any industry or
business, or.for, any, other type of independent use and shall include such accessory
spaces and areas as may be described in the declaration, such as garage space, storage
space, balcony, terrace or patio, provided it has a direct exit to a thoroughfare or to a
given common space leading to a thoroughfare.
Townhome: an attached individual single family dwelling on a fee - simple lot meeting the
front and rear yard setbacks and sharing a common side(s) with adjoining units within a
townhome complex.
Unit Designation: the number, letter, or combination thereof designating the unit in the
declaration.
Unit Owner: a person, corporation, partnership, association, trust or other legal entity or
any combination thereof, who owns a unit within the building
11
STATE OF NORTH CAROLINA
COUNTY OF HARNETT
AN AMENDMENT TO THE HARNETT COUNTY ZONING ORDINANCE TO
MAKE CONDOMINIUM DEVELOPMENTS AND TOWNHOME DEVELOPMENTS
CONDITIONAL USES WITHIN RA -30, RA -20M AND RA -20R ZONING
DISTRICTS.
WHEREAS, the Board of Commissioners of Harnett County adopted a zoning ordinance
on July 18,1988; and
WHEREAS, condominium developments and townhome developments are not addressed
in this zoning ordinance; and
WHEREAS, development has occurred at a rapid pace within the County's planning
jurisdiction and there is now a need for condominiums and townhomes within the local
real estate market.
NOW, THEREFORE, BE IT ORDAINED by the Harnett County Board of
Commissioners that the current zoning ordinance be amended as follows:
(1) Amend Article VI, Sections 5.2, 6.2 and 7.2 by adding Condominium
Developments and Townhouse Developments as conditional uses.
(2) Amend Article VI, by adding Section 5.6, Section 6.8 and Section 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 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 I1/: 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.
12
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
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.
(3). Amend Article VI by adding Sections 5.7, 6.9 and 7.8 Townhome Develop
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 built within the zoned area of
Harnett County, 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:
1. The Homeowner's Association shall be established before any lots are
sold.
2. Membership shall be mandatory for each buyer and any successive buyer.
3. 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.
4. After sixty percent (60 1/6) of all units are sold, the Homeowner's
Association shall levy assessments and assume its responsibilities.
5. The Homeowner's Association shall be responsible for liability insurance,
taxes and maintenance of all recreation facilities, grounds and common
areas.
6. Any sums levied by the Homeowner's Association that remain unpaid
shall become a lien on the individual property.
13
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
parkinglots shall be paved and each space shall be at least Vx20'. 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 noted elsewhere in
this Ordinance shall meet the 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 comer lot in which case the minimum side yard is 20 feet.
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.
(4) Amend Article XV Definitions by adding the following definitions:
Homeowner's Association: all of the unit owners acting as a group in accordance with
the by -laws and declaration.
Common Areas and Facilities: unless otherwise provided in the declaration or lawful
amendments thereto, means and includes:
a. The land on which the building or buildings stands and such other land and
improvements thereon as may be specifically included in the declaration, except
any portion thereof included in a unit;
14
b. The foundation, columns, girders, beams, supports, main walls, roofs, halls,
corridors, lobbies, stairs, stairways, fire escapes, and entrances and exits of the
building;
C. The basements, yards, gardens, parking areas and storage spaces;
d. The premises for the lodging of janitors or persons in charge of property;
e. Installation of central services such as power, light, gas, hot and cold water,
heating, refrigeration, air conditioning and incineration;
f The elevators, tanks, pumps, motors, fans, compressors, ducts, and in general, all
apparatus and installations existing for common use;
g: Such community and commercial facilities as may be provided for in the
declaration; and
h. All other parts of the property necessary or convenient to its existence,
maintenance and safety, or normally in common use.
Condominium:. a building or. group of buildings in which the dwelling; units are owned-
individually with the structure, common areas and facilities being owned by all the
owners on a proportional, undivided basis and meets the requirements of the N.C. Unit
Ownership Act as specified in G.S. 47A -1 et seq.
Condominium Unit: an enclosed space consisting of one or more rooms occupying all or
a part of a floor or floors in a building of one or more floors or stories regardless of
whether it be designed for residence, for office, for the operation of any industry or
business, or for any other type of independent use and shall include such accessory
spaces and areas as may be described in the declaration, such as garage space, storage
space, balcony, terrace or patio, provided it has a direct exit to a thoroughfare or to a
given common space leading to a thoroughfare.
Townhome: an attached individual single family dwelling on a fee- simple lot meeting the
front and rear yard setbacks and sharing a common side(s) with adjoining units within a
townhome complex.
Unit Designation: the number, letter, or combination thereof designating the unit in the
declaration.
Unit Owner: a person, corporation, partnership, association, trust or other legal entity or
any combination thereof, who owns a unit within the building.
Effective upon adoption. Duly adopted this 4 M day of b r- 1999.
Clerk to the Board
Dan B. Andrews, Jr. Chairman
County Board of Commissioners
HARNETT COIN' RTH CAROLINA
BLED DA7E TIME It :Sf 4 A.
BOOK-
REGISTER ✓ `S PAGE /S
OF DEEDS
KIMBERLY S. HARGROVE
15