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Home My WebLink About09/07/99 Zoning Moratorium & Extension South of the Cape Fear River Ordinance5 C AN ORDINANCE ESTABLISHING A SIX (6) MONTH MORATORIUM ON THE PROCESSING OR ISSUANCE OF CERTAIN LAND USE PERMITS FOR THOSE PORTIONS OF HARNETT COUNTY WHICH ARE UNINCORPORATED, UNZONED, AND LOCATED SOUTH OF THE CAPE FEAR RIVER AS ADOPTED BY THE HARNETT COUNTY COMMISSIONERS ON SEPTEMBER 7, 1999 HARNETT COUNTY, NORTH CAROLINA PILED DATE -i0' q`9 TINAE 1474 ' M' BOOK 13 7S YAGE 9 9 - 9 REGIST!R OF DEEDS KIMBERLY S. HAI30400E AN ORDINANCE ESTABLISHING A SIX (6) MONTH MORATORIUM ON THE PROCESSING OR ISSUANCE OF CERTAIN LAND USE PERMITS FOR THOSE PORTIONS OF HARNETT COUNTY WHICH ARE UNINCORPORATED, UNZONED, AND LOCATED SOUTH OF THE CAPE FEAR RIVER WHEREAS, in the Spring of 1997 the Harnett County Planning Board began work on an update to the Harnett County Land Use Plan with technical help from the Harnett County Planning Department and the N. C. Division of Community Assistance (hereinafter DCA); that the last update to said Land Use Plan was in 1987; and WHEREAS, since the Summer of 1997 the County planners and DCA have mapped existing land uses in Harnett County, visited Town Managers and gathered information about issues impacting development in Harnett County, held seven public input meetings all around the County and distributed a public opinion survey about planning and land use in Harnett County; the County Planning Board, County Planning Department Staff and DCA have also met with department heads of the County Departments of Economic Development, Utilities and Recreation for their input regarding current and future plans in their respective areas and their relation to County planning; and WHEREAS, after compiling, reviewing, analyzing and discussing the information and data gathered from the above referenced sources, the County Planning Board developed an Update to the Harnett County land use plan; after much deliberation it was decided by the Planning Board that the concept of Countywide zoning should be included as a goal in the 1999 Land Use Update; the Planning Board concluded Countywide Zoning is needed to equalize development regulations throughout the County, designate future business locations for marketing properties, protect residents from the ill effects of intensive commercial and industrial development, coordinate utility extension with future land development and provide for future harmonious development patterns; and WHEREAS, as a result of the research and work compiled and completed by the County planners, DCA and Planning Board, the Planning Board has prepared a final Update to the Harnett County land use plan which was submitted to the County Board of Commissioners for its study and discussion; that the land use plan was brought before the Board of Commissioners at its regular meeting on September 7, 1999 and after hearing remarks from Harnett County citizens at a duly advertised public hearing, the Board of Commissioners deliberated and adopted the final draft of the 1999 Update to the Harnett County Land Use Plan; and WHEREAS, after consideration of the Land Use Plan Update and the information in support of said update, the Board of Commissioners wanted to proceed with the implementation of said Land Use Plan Update goals beginning with Countywide zoning; that in addition to the information from the Land Use Plan Update, the Board of Commissioners received an extensive report from the County Planners at a Planning Retreat on August 13, 1999 and also conducted an advertised public hearing at its regular meeting on September 7, 1999; and 1 WHEREAS, as part of its deliberations concerning the Land Use Plan Update and its call for Countywide zoning, the Board of Commissioners discussed various methods of how to implement zoning in the unzoned area of the County which is the area located South of the Cape Fear River; that the Commissioners concluded that it would take at least six months to gather the necessary information and to obtain public input regarding possible zoning in either all the unzoned area of the County or portions thereof; it was further concluded that while this information was being gathered and analyzed that a moratorium on certain development would be advisable and in order; and WHEREAS, in establishing a development moratorium, the Board of Commissioners desired to be as least restrictive as possible while protecting the interests of the citizens at large in the unzoned area of the County; that based on generally accepted planning criteria and public input and statistical data regarding the proliferation ofmanufactured home development in the southern unzoned portion of the County, it was further determined and concluded by the Board of Commissioners that the fairest and best level of development prohibition during a six month moratorium period would be as follows: The moratorium would apply to any land use not listed as (a) a permitted use or conditional use under the RA -20R Residential/Agricultural District zoning classification as set forth under Article VI, Sections 7.0, 7.1 and 7.2 (Sections 7.3 et seq excluded) of the current Harnett County Zoning Ordinance or (b) a permitted use under the B- Business/Commercial District zoning classification as set forth under Article VI, Sections 2.0 and 2.1 (Sections 2.2 et seq excluded); excepted from that moratorium would be those land uses allowed under the current Harnett County Subdivision Regulations; and WHEREAS, the Board of Commissioners desires through this ordinance to implement said development moratorium. NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Board ofCommissioners of the County of Harnett, N. C. as follows: Beginning on the adopted date of this Ordinance namely September 7, 1 999 a development moratorium shall go into effect with the following provisions: All County departments, boards, agencies and employees in the areas of planning, utility and environmental health shall cease and desist from processing applications or issuing any development permits for land uses in the unincorporated, unzoned areas of Harnett County located south of the Cape Fear River for a period of six months beginning on September 7, 1999 and ending on March 6, 2000 unless said time is extended by the Board of Commissioners. The moratorium on the processing or issuance of development permits shall only apply to those land uses which are not listed as (a) a permitted use or a conditional use under the RA -20R Residential/ Agricultural District zoning classification as set forth under Article VI, Sections 7.0, 7.1 and 7.2 (Sections 7.3 et seq excluded) of the current Harnett County Zoning Ordinance, or (b) FA a permitted use under the B- BusineWCommercial District zoning classification as set forth under Article VI, Sections 2.0 and 2.1 (Sections 2.2 et seq excluded); excepted from this moratorium is any land use that would be allowed under the current Harnett County Subdivision Regulations. The Ordinance shall be known and may be cited as the Harnett County Development Moratorium Ordinance (September 7, 1999). It is adopted under authority granted by the General Assembly of the State of North Carolina particularly N. C. Gen. Stat. Chapter 153A, Article 18. Duly adopted this 7 " day of September, 1999. ATTEST: �� Ka Blanchard Clerk to the Board HARNETT COUNTY BOARD OF COMMISSIONERS 0a'I.- Q a Dan B. Andrews, Chairman 3. NORTH CAROLINA HARNETT COUNTY I, a Notary Public of the County and State aforesaid, certify that Dan Andrews nersonally came before me this day who being by me duly sworn, deposes and says: that he is the Chairman of the Harnett County Board of Commissioners and Kay 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 by him, attested by said Clerk and the County's seal affixed thereto, all by authority of the Board of Commissioners of said County, and the said DanBAndrews acknowledged said instrument to the act and deed of Harnett County. Witness my hand and official stamp or seal, this /6� day of September, 1999. My Commission Expires: � / N r --' �� :o� 9 &W�V , A #ary Public 0 HARNETTCOU TY�N�ORTHCAR/L1N� M, PILED DATE q-10 ' BOOK /,f 7S PAGE 3 -9 7 REGISTER Of DEEDS MMIMN S. #VAGRANE