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HomeMy WebLinkAbout02/15/10 Zoning Text Amendment Art IV Sec 8, 23 Art VI Sec 11.1 Art XVIHarnett COUNTY NORTH CAROLINA www.harnett.org A RESOLUTION AMENDING THE HARNETT COUNTY ZONING ORDINANCE WHEREAS, the Board of Commissioners of Harnett County adopted a Zoning Ordinance on July 18, 1988, June 5, 2000, and June 15, 2009 for the purpose of promoting the health, safety, and general welfare of the county residents; and WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North Carolina, particularly G.S. 153A -340; and WHEREAS, the Zoning Ordinance contains provisions for amending said ordinance and those provisions have been followed; and WHEREAS, the Harnett County Planning Board has reviewed the amendment to the articles of the Zoning Ordinance as listed below and recommends the adoption of the following amendment. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that Article IV "General Provisions" Section 8 "Buffers" and Section 23 "Display Area ", VI "Zoning Districts &r Regulations" Section 11.1 "Use Types &t Regulations "; and Article XVI "Definitions" of the Zoning Ordinance shall be amended to read as indicated in "Attachment A ". "Attachment" is filed with the Zoning Ordinance in the Clerk to the Board's Office. Duly adopted this 15`h day of February, 2010 and effective upon adoption. `,�.�QOF.COA?Miss /HARNETT COUNTY BOARD OF COMMISSIONERS Timoth B McNeill, Chairman A T:CA Wow arg t Regina W eeler, Acting Clerk to the Board strong roots • new growth ATTACHMENT A UPDATE & ADD the following table from Article IV Section 8.0 `Buffers ", 8.11 "Required Screening Types" as shown 8.11 Required Screening Types: In situations where a development is adjacent to multiple uses then the buffer requirement for each use shall be required along each property line otherwise the development shall follow the requirements listed below. In situations where both vegetative screening and fencing are either required or utilized, the required vegetation shall be planted on the finished side of the fence. Buffer Width: Required Screening: Ground Cover: Fifteen (15) feet (applies to side and rear property fines) REQUIRED SCREENING: A staggered row of large maturing trees, spaced not more than thirty (30) feet apart; and OPTION 1: A row of evergreen shrubs placed not more than four (4) to six (6) feet apart which will grow to forth a continuous hedge of at least six (6) feet in height within two (2) years of planting; or OPTION 2: A masonry wall located within the required buffer area; such wall shall be a minimum height of six (6) feet (above finished grade;) and, if a block wall, it shall be painted on all sides; or an opaque fenoe six (6) feet in height, finished side of fence must face out; or OPTION 3: A berm (maximum of 3:1 slope) and planting combination, with the berm an average height of three (3) feet and dense plantings which will, when combined with the berth, achieve a minimum height of six (6) feet and seventy-five (75) percent opacity within two (2) years. Thirty (30) feet (applies to the from, side, and rear property lines) REQUIRED SCREENING: A staggered row of large maturing trees, spaced not more than thirty (30) feet apart; and OPTION 1: An opaque fence located within the required buffer area; such fence shall be a minimum height of six (6) feet in height, finished side of fence must face out; or OPTION 2: A berth (maximum of 3:1 slope) and planting combination, with the berth an average height of three (3) fast and dense plantings which will, when combined with the berm, achieve a minimum height of six (6) feet and seventy -five (75) percent opacity within two (2) years. Ten (10) feet (applies to area between right- of-way and building from) REQUIRED SCREENING: A staggered row of large maturing trees, spaced not more than thirty (30) feet apart, supplemented by five (5) low growing shrubs for every required large maturing tree. Fifteen (15) feet (applies to property lines adjacent to public right(s)-of-way or as otherwise noted within this Ordinance) REQUIRED SCREENING: A staggered row of large maturing trees, spaced not more than thirty (30) feet apart; and OPTION 1: A row of evergreen shrubs, ten (10) shrubs for every required large maturing tree, placed not more than four (4) feet apart which will grow to forth a continuous hedge of at least six (6) feet in height within two (2) years of planting; or OPTION 2: An opaque fence located within the required buffer area; such fence shall be a minimum height of six (6) feet in height, finished side of fence must face out. Low -growing evergreen shrubs, evergreen ground cover, or mulch covering the balance of the buffer. UPDATE the following table from Article IV Section 8.0 `Buffers ", 8.12 "Land Use Relationships" as shown ADD the following to Article IV Section 8.0 "Buffers" 8.16 Outdoor Storage Area Screening: Any area utilized for outdoor storage, as defined herein, or inventory shall be screened from view of public and private right(s) -of -way and adjacent property. Screening shall meet the following requirements: A. Any area utilized for outdoor storage or inventory shall be screened in accordance with the Type D Buffer screening techniques and shall be located in the side or rear yard. 1. Development located within industrial parks shall be exempt from said screening requirements except along perimeter property lines when said property line is located on the exterior of the park or adjacent to a residential zoning district. B. An alternate buffer plan may be submitted as provided in the "Alternate Buffers and Screening" Section of this Ordinance. ADD the following to Article IV "General Provisions" SFCTION 23.0 DISPLAY AREA 23.1 Display Area: Retail Sales A. Any outdoor display areas shall be permitted as an accessory to the retail use for which site plan approval has been granted and shall meet the following requirements: 1. Display areas shall be located on an improved surface in a location so as not to impede pedestrian or vehicular ingress /egress to the establishment, and specifically shall not be located within public or private right(s) -of -way or create unsafe conditions. 2. Display area shall be limited to one -half (1/2) the length of the store front and shall not be located within five (5) feet of the entrance to the establishment. 23.2 Display Area: Retail Sales, Outdoor A. Outdoor display areas shall be permitted as an accessory to the outdoor retail sales use for uses which site plan approval has been granted and shall not be located within public or private right(s) -of -way or in required landscaping or buffer yards. Display area shall meet the following requirements: 1. Maximum allowable outdoor display shall be fifty percent (50 %) of the sum total of the following equation: Length of proposed front property line times (X) Required front setback EXAMPLE: 250 ft. wide lot located in Industrial zoning district Adjacent Use Proposed Use Group I Group 2 Group 3 Group 4 Group i None None None None Group 2 Type A, C Type C Type C TVoe C Group 3 Type A, D Type A, C Type C Type C Group 4 Type B Type B TyDe A. D T C ADD the following to Article IV Section 8.0 "Buffers" 8.16 Outdoor Storage Area Screening: Any area utilized for outdoor storage, as defined herein, or inventory shall be screened from view of public and private right(s) -of -way and adjacent property. Screening shall meet the following requirements: A. Any area utilized for outdoor storage or inventory shall be screened in accordance with the Type D Buffer screening techniques and shall be located in the side or rear yard. 1. Development located within industrial parks shall be exempt from said screening requirements except along perimeter property lines when said property line is located on the exterior of the park or adjacent to a residential zoning district. B. An alternate buffer plan may be submitted as provided in the "Alternate Buffers and Screening" Section of this Ordinance. ADD the following to Article IV "General Provisions" SFCTION 23.0 DISPLAY AREA 23.1 Display Area: Retail Sales A. Any outdoor display areas shall be permitted as an accessory to the retail use for which site plan approval has been granted and shall meet the following requirements: 1. Display areas shall be located on an improved surface in a location so as not to impede pedestrian or vehicular ingress /egress to the establishment, and specifically shall not be located within public or private right(s) -of -way or create unsafe conditions. 2. Display area shall be limited to one -half (1/2) the length of the store front and shall not be located within five (5) feet of the entrance to the establishment. 23.2 Display Area: Retail Sales, Outdoor A. Outdoor display areas shall be permitted as an accessory to the outdoor retail sales use for uses which site plan approval has been granted and shall not be located within public or private right(s) -of -way or in required landscaping or buffer yards. Display area shall meet the following requirements: 1. Maximum allowable outdoor display shall be fifty percent (50 %) of the sum total of the following equation: Length of proposed front property line times (X) Required front setback EXAMPLE: 250 ft. wide lot located in Industrial zoning district 250 X 50 = 12500 / 2 = 6250 sq. ft. allowable outdoor display area BNldiop Envelope SO R, Rant setback Adjacent RIpM- or-Way 2. In no case shall more than fifty percent (50 %) of the total allowable display area be developed into an impervious surface. UPDATE the foAowing table from Article VI Section 11.1 "Use Types & Regulations" as shown 11.1 Use Types and Regulations P - Use is permitted by right C - Use is permitted conditionally .... . a Z V N $ $ 0 0 0 0 PARKING V U Traditional Household Residential Single Family Dwellings (including modular P P' P P P P P P P P 2 2 p 1 homes) _ _ _ _ _ _ _ per d _ _ _ _ _ _ P' P P. P P' P P. _ -2 per dwelling unit 1 1 Manufactured Home Parks (see Manufactured C C 2 2 per dwelling unit Home Park Ordinance) _ Manufactured Homes on individual parcel _ _ _ _ _ C C' P P. P P' _ _ 2 per dwelling unit _ _ 1 1 Multi-Section Manufactured Homes - * P P+ P P. — 2 per dwelling unit I 1 individual parcel) I 1 -(on - -- — —;— * — 2 Condominium Developments _ r r— I P. C C' C' + C' I 1.5 per bedroom 2 ; , P I C C* P 1 1.5 per bdrrrl + 1 per bdnn over 2 2 _ dwellin units on indwrdual parcel_ _ _ __ j —_ -_ f �1)- _ Townhome Dsvelopmw _ _(` P' - -_- t C.' C' i _C 1 s per btlrm + 1 per bdrtn over 2 - z -' Two - Family Dwelling (duplex on individual ( P P f P 15 per bdrm + 1 per bdnn over 2� Nontraditional Residential (See PUD Article) r Live/Work Develolment — �C' C' r F L` As required by proposed uses #i loon residential) C ( j ! Planned Unit Developments (residential and /or C C C C C I As required _ -- — - -- --- -- - - -� . ...--. -._ ... r _ O V O I II ZZ $ U QQ a PARKING Group Residential Family Care Facilities P' P' P" P' 1 per 5 beds 2 Group Care Facility C' C. C�'� C. C' 1 per 5 beds z ;., -. .� - �ACCESSORY..USEli'AND STRUCTURES., Customary Home Occupations P P P P t Education: Typically related accessory uses (dormitories, stadiums, auditoriums, museums etc... P P P see OSI District Regulations Religious Structures related accessory uses (Rectories, Parsonages, Manses, Parish Houses Cemeteries, Mausoleums, etc) C C P P P P P P 2 S;nmin Pools P' P' P. P' _ P. P' P' P' — t F.{ +4.,y 'AG RICULTURE'AND�FCRESTRY':•, lP 1v-s "P Bane Fide Farm P P P P P P +- Nume _ _ P' P. P' P" P' t per Sao sq. R. 2 Preserves Nature Wildlife or Forest P P P P P P _ P P P _ t .. .. ... ......_.. ... .. - .. . -L Fr Ah' h �."' -1 '"i• ^�' .�P Y r�i/ -. 4 N M1 N � S,i Continuing Care Retirement Community C C C C C C C t per mp>o re(l gel shill) K 2 Religious Structures C P _P P P P P P t per 4 sanctuary seats 2 Cemetery or Mausoleum Commercial Use C. __ C' C' C. C. 2 Cemetery or Mausoleum Private Use P P P P 2 Funeral Home or Mortuary P C C C C 1 per 4 seats OR 1 per 200 sq, R. 2 Da care Facilities Adult Da re (+' P' __ P' C ' ____ C' C. C" C' i par employee + t per s talents 2 Childcare Facility C' P' 2 In -Home Childcare P' P' P' P' Aa required by undedying use 1 Educational Services Educational Institution: Colleges, Universities, S Trade Schools P P C P P P P P 5par classroom +t per olece 2 Research Laboratory P P C P + per 2 employees (largest shift) OR 1 per 500 sq. fl- 3 School: Elementary Middle _ C C C _ _ P_ P _P P _ _ 2 perclas_sroom 2 School: High C C C P P P P 5 per classroom 2 Truck driving school P C C 5 par classroom + t par office 4 Financial Services Automated Teller Machine P' P' P" P' P" P" P' _P_ "_ 2 per machine _ 2 Financial Institutions (Banks, Credit Agencies, Investment Companies, etc C P. P P 1 per 200 sq. R. 3 Health Services Emergency Services (Police, Fire, Rescue, Ambulance Service P P P P P P P P 1 per 350 sq. ft. 2 Health Care Services (Medical 8 Dental Clinic & Lab Blood Bank etc C P P P C C C C _ t per 300 sq. R. 3 Hospitals P P P P P P P P 2 per bed 3 Public Services Parka _ -- Public Library P P P P P P P –P P P P `� P_ P P P t per 300 eq. R. 2 2 Social Institutions Community and Civic Centers P P _ P P P P 1 per 200 sq. n._ 2 Social hells, lodges, fraternal organizations, clubs & similar activities P P _ C C C C _ t per 200 s4. ft. 2 .tiOMMERCIAL� '�K.;t�kv . -, / t�,� ::�.,r i. r o . �: trt �'c ,�.. -1T x a 1`. e _ ..: 5 z ,.4';i ., .. .:YY- � fx .. :, ✓` �� Existing commercial uses applying for permits to expand _ P LI C C C As required by underlying use 3 Animal Services �— per kennel or 3 Kennels, Boarding Stables, 8 Other similar C _ _ C C _ _ J_ C C C�_C _ _+ Per employee_+ 1 _ _ regulated land uses ----- of -ICI' Z J 0 Q i T -- z 1 �-- -" a ---- 'QQQ, to PARKING I�5 to - - -- ---- Pen Veterinarian Service C' P' (,' C• C' C' C' C' 1 per 300 sq. ft. 3 Eating and Drinking Places Restaurant P P I P P C C C C_ 1 per a seats 3 Bar or Tavern i C'_ C' I I I 1 per a seats 3 Lodging Services Bed and Breakfast _ C C 1 per room + /per employee 3 Boarding House' _ _ tiler room +lperemployee 3 Hotel or Motel — j _C_ P _ P_ C' 1 1 per room + 1 per 2 employees 3 Homeless Shelter C' j Cool _ _ _ C' C' C' t per sod sq. R 3 Recreational Vehicle Park — C' L _ C' C' 1 3 ,C' _ Offices, General Offices Business or Professional P L P P P C C C C 1 per 200 sq. ft. 3 Offices Governmental P P P P C C I C C t per 200 sq. R 3 Personal Services Licensed Massage & Bodywork Therapist P C C C 3 per licensed therapist 3 Message parlors C` _ 1 per 300 sq. ft. a Trades and similar enterprises catering to households & business establishments P P P C C C C er 300 1 P sq. ft. 3 Recreational Facilitl_e_e___ Recreatlonal Facll' C C C C C er 4 pMm (at max capacity) 3 Athletic Fields Pdvale 5 per field + 1 per 200 sq. rt. 3 Health & Trainin Center, Indoor C' P' P' P' 1 per 200 sq. ft 2 Health & Trainin Center Outdoor _ C' C' C' W 1 per 200 sq. ft. 2 Race Tredt C' C' C' C' C' er pardcipant + 1 per 3 seats 3 Recreation & Amusement Services C C _ er a persons (at max capacity) 3 Recreational De Cam C' C' _ ' er employee+ 1 per s clients 2 Recreational Fecili ,Indoor P P P C 1 per 200 sq. rt. 2 Shooting Range C. C' C' C' C' C' C' C' tpar firing point a Turks Shoot, Temporary/Seasonal Ci' C. C' C. C• C' C• C' t per fidng print 1 Retail Services Convenience Stores & Convenience Type P' P' P' C. C. C' C' -- 1' r lso ft Business Establishments sq' 3 Grocery Store C P P C C C C t per 200 sq. ft 3 Flea Markets, Rummage, Second Hand Sales & Activities P 1 per 300 sq. ft 3 Nursery, Retail P P C C C C t per 500 sq. ft 3 Retail sales(entirely within an enclosed buildin P P P 1 per 300 sq. n 3 Retail Sales, Outdoor (primarily outside of an enclosed building) P' P. _ P. 1 per 2 employees (largest shift) OR 1 per 500 sq. ft 3 Sexually -Oriented Business (is, bookstore, motion picture, nightclub) C — 1 per 300 sq, ft. a Vehicle Sales, Leasing, and Service Automobile Service Stations P Vehicle Sales — P �t P `C C I, C � C: C P I _ 5 per bay + 1 per employee 1 per 2 employees (largest shift) OR 1 per 500 sq. ft. 3 3 Repossession Store a Facility (Repot Lot P' C' C. 1 per 200 sq, n. a Existing industrial uses applying for permits C to �� — � — expend j C l C C C As required by undedying use a - -- Manufacturing Manufectudng Fertilizer C• —_ ___— ___.___— ._ —__.._ _.i._ { Manufacturin General I I _ � 1per2employees (largest shift) OR leer es (a rt._.__......_ 1 per 2 employees (largest shift) 4 _ 4 see specific development regulations in this section ADD the following text to Article VI Section 11.0 "Use & Structure Regulations" (all items shall be added alpbabetically) 11.3 Use Regulations Assembly, Processing Industries, Wholesale, Warehouse, & Transfer Activities A. Any accessory display area shall comply with the requirements set forth in Chapter "General Provisions" Section "Display Area" as applicable. B. Any accessory outdoor storage area shall comply with the requirements set forth in Buffers Section, "Outdoor Storage Area Screening." Manufacturing, Fertilizer A. Any accessory outdoor storage area shall comply with the requirements set forth in Buffers Section, "Outdoor Storage Area Screening." Manufacturing, General MO G p Q aaN PARKING 1 4- -!- --( -- - ! ' OR 1 per 500 sq. fl. P` P' P' P` 1 Per employees sitar shift) 14 Manufacturing, Light C+ i OR 5reee�(I Warehousing and Freight Handling Assembling, processing Industries, wholesale, , P C' , _ 1 per 2 employees (largest shirt) warehouse, & transfer activities I OR 1 per 500 sq. ft. 4 Storage, Recreational vehicle & travel trailer P` P` P' ! P' see Office, if applicable 3 Storage Self mini- warehouse P` I P' I P` I C see Office, if applicable 3 Wholesale Trade _ Wholesale storage of gasoline or bulk terminal 9 C' i = (largest shift) 1 per 2OR plants, �_L I per 50 per 500 sq. 11. 4 Waste - Related Junkyards (see "Junk Motor Vehicles, Junk C T� 1 per 2 employees (largest Shift) 4 Yards & Abandoned Manufactured Homes" _ _ OR 1 per 500 sq. ft. Recycling Collection Centers unmanned P` P' P' P' P' P` P' P` 1 par unit 1 Recycling Collection Centers & Solid Waste P P C C C 1 per 2 employees (largest shin) 4 Container Sites manned OR 1 per 500 sq. fl. Recycling Plant P C C 1 per 2 employees (largest shift) 4 - _ _ __ _ _ OR i Par 500 50. R Solid Waste Disposal, Land application of C C C C 1 per 2 employees (largest shift) 4 sludge. of troleum-contaminated soil I I OR 1 per 500 sq. R Solid Waste Disposal, Land Clearing & Inert C' C' C. C' C` C' C' 1 2 Debris Landfill r employees per pargestshift) 4 Mining activities (see "Mining Genera( C C C C C C C 1 per 2 employees (largest shift) 4 Regulations") OR 1 per 500 sq. ft. g� ♦� BEY r #6P },� r`?n� 17, ��� TILMESL '�. �a „ka. �5' v..�?A! .- e =tt�.. ,. �& Ax 0 ,$; ... �.'� �a6.� 6,fi !P' i i /. v,v v �.Yl,n 9� � ; ri+ n3 tr4., 6w, R�! vt YJ o-�'ri1. s !�. �. alv M ;W E .rc i A ?.vi :ifs 6+y .. �. ,, xi%. Private owned public utility structures P P P C C C C i 1 2 facilities per employees, if applicable 3 Towers: Microwave, T.V., telephone, radio, & C C C C C C C C 4 cellular Residence Tem Ora P P P P 2 per dwelling unit 1 _ Aiorts &related uses P C C T 1 per 3a0 aq. n. 4 Outdoor advertising signs (see "Sign P -- Re ulations see specific development regulations in this section ADD the following text to Article VI Section 11.0 "Use & Structure Regulations" (all items shall be added alpbabetically) 11.3 Use Regulations Assembly, Processing Industries, Wholesale, Warehouse, & Transfer Activities A. Any accessory display area shall comply with the requirements set forth in Chapter "General Provisions" Section "Display Area" as applicable. B. Any accessory outdoor storage area shall comply with the requirements set forth in Buffers Section, "Outdoor Storage Area Screening." Manufacturing, Fertilizer A. Any accessory outdoor storage area shall comply with the requirements set forth in Buffers Section, "Outdoor Storage Area Screening." Manufacturing, General A. Any accessory display area shall comply with the requirements set forth in Chapter "General Provisions" Section "Display Area" as applicable. B. Any accessory outdoor storage area shall comply with the requirements set forth in Buffers Section, "Outdoor Storage Area Screening." Manufacturing, Light Subject to the following requirements: Land Use Maximum Lot Area Agricultural & Low Density Residential No Greater Than Fifteen (15) Acres Low Density Residential No Greater Than Fifteen (15) Acres Medium Density Residential No Greater Than Fifteen (15) Acres Compact Mixed Use N/A Rural Development Node N/A Municipal Growth Boundary I N/A A. All permitted uses, their constituent operations, and associated activities (except parking, loading, and domestic solid waste containment) shall be conducted totally within a building or buildings such that all yard spaces and grounds shall be kept clear and open. B. All manufacturing shall be of a nature and conducted in such a manner that there is no discharge of smoke or particle matter into the outside air. C. All manufacturing shall be of a nature and conducted in such a manner that there is no offensive odor or noise emitted and discernable at an adjacent property. D. Any accessory display area shall comply with the requirements set forth in Chapter "General Provisions" Section "Display Area" as applicable. E. Any accessory outdoor storage area shall comply with the requirements set forth in Buffers Section, "Outdoor Storage Area Screening." Retail Sales Any accessory display area shall comply with the requirements set forth in Chapter "General Provisions" Section "Display Area" as applicable. Retail Sales, Outdoor A. Any accessory display area shall comply with the requirements set forth in Chapter "General Provisions" Section "Display Area" as applicable. B. Any accessory outdoor storage area shall comply with the requirements set forth in Buffers Section, "Outdoor Storage Area Screening." ADD the following text to Article XVI "Definitions" (all items shall be added a45babetica4) Disylay Area —Area used for display of merchandise or goods available for purchase from the business located outside of a building. Said use shall be allowable only as an accessory to the primary use of the establishment. Outdoor Storage — The keeping of any inventory, goods material or merchandise including raw, serni- fished. and finished materials for any period of time and as an accessory to the prW2W use of the establishment. is All- retail Storagg related to a residential use required vehicular parking areas nurseries and the display of automobiles or other vehicles shall not be considered such. Retail Sales are establishments including shops, stores, and service establishments, engaged in the selling or rental of goods or merchandise (usually to the general public for personal or household use) and in rendering services incidental to the sale of such goods, entirely within an enclosed building. Retail Sales. Outdoor — Use of property for the display and sales of products and services, primarily outside of a building or structure, including but not limited to manufactured homes; burial monuments; swimming pools, and portable storage sheds, including related repair activities and sale of parts. Material sold is usually stored outdoors and typically a building is on site in which sales may be consummated or products displayed.