The URL can be used to link to this page

Home My WebLink About11/06/95 Zoning Text Amendment'i 4BOOKryry K i / ED ��jj�� 494 D 2fl.SL" '96 FEB 5 PIS 1 23 GAYLE P. HOLDER c E��g;ER OF DEEDS H:RNETT COUNTY. NC ZONING ORDINANCE 9 HARNETT COUNTY AS Amended Through November 6, 1995 • • 23 TABLE OF CONTENTS Article I Title, Purpose, Authority, and Effective Date of the Zoning Ordinance ........... ..............................7 Article IV General Provisions ..... ..............................8 Section 1.0 Title .............. ..............................7 Section 1.0 Industrial District .............................22 Section 2.0 Purpose ............ ..............................7 Section 2.0 Commercial Business District ....................25 Section 3.0 Authority .......... ..............................7 Existing Nonconforming Situations ......................8 Section 4.0 Effective Date ..... ..............................7 9 Article II Jurisdiction ............ ..............................7 • Article III Exemption of Bona Fide Farms ..........................7 Article V Official Zoning Map ...... .............................21 Article IV General Provisions ..... ..............................8 21 Section 1.0 Application of the Zoning Ordinance ..............8 Section 1.0 Industrial District .............................22 New Uses or Construction . ..............................8 Section 2.0 Commercial Business District ....................25 Existing Conforming Situations .........................8 Existing Nonconforming Situations ......................8 Section 2.0 Continuation of Nonconforming Situations ......... 9 . Non- Conforming Single Lot of Record ....................9 Section 5.0 Residential /Agricultural District Completion of Non - Conforming Projects ..................9 33 Extension or Enlargement of Non - Conforming RA- 20M ........ 37 Situations .......... ..............................9 Section 7.0 Residential /Agricultural District - RA- 20- R ..... Change of Nonconforming Uses ..........................13 Article VII Conditional Uses .... ............................... Abandonment and Discontinuance of Non - Conforming ......13 47 Section 3.0 Relationship of Building to Lots ................14 Permit ......... 47 Section 4.0 Required Yards Not to be Used by Another Initiation Of Conditional Use Permit ..................47 Building................. .............................15 Application for Conditional Use Permit ................47 Section 5.0 Reduction of Lot and Yard Areas Prohibited ...... 15 Section 6.0 Public Access to Property ....................... 15 47 Section 7.0 Projections into Public Right -of- Ways........... 15 Section 8.0 Buffers ............ .............................15 Section 3.0 Action by the Board of Adjustment Section 9.0 Height Limitation Exceptions .................... 16 Section 10.0 Curb Cuts Giving Access to Public Right-of- Ways..................... .............................16 Sect. 5.0 General Provisions in Granting Conditional Use Section 11.0 Corner Visibility . .............................16 Permits................ ............................... Section 12.0 Standards for Effluent and Emissions ........... 16 Compliance with Other Codes ...........................49 Section 13.0 Sedimentation Control ..........................16 Section 14.0 Nonresidential Manufactured Home Use and 49 Temporary Buildings ...... .............................17 Expiration............... .............................50 Section 15.0 Accessory Building .............................17 Section 16.0 Interpretation of District Boundaries .......... 17 Section 17.0 Conflict with Other Laws or Regulations ........ 18 Section 18.0 Severability of Ordinance ...................... 19 Section 19.0 Remedies .......... .............................19 Section 20.0 Penalties for Violating Any Provisions of this Ordinance ........ .............................19 Section 21.0 Public Utility Structures and Facilities ....... 19 Article V Official Zoning Map ...... .............................21 Article VI1I Parking and Off- Street Loading Requirements ....50 J Article VI Zoning Districts and Regulations ...................... 21 Section 1.0 Industrial District .............................22 Section 2.0 Commercial Business District ....................25 Section 3.0 Conservation District ...........................28 Section 4.0 Residential /Agricultural District - RA- 40 ....... 29 Section 5.0 Residential /Agricultural District - RA- 30 ....... 33 Section 6.0 Residential /Agricultural District RA- 20M ........ 37 • Section 7.0 Residential /Agricultural District - RA- 20- R ..... 42 Article VII Conditional Uses .... ............................... 47 Section 1.0 Application for Conditional Use Permit ......... 47 Initiation Of Conditional Use Permit ..................47 Application for Conditional Use Permit ................47 Fee for Conditional Use Permit ........................ 47 Section 2.0 Public Hearing ..... .............................48 Section 3.0 Action by the Board of Adjustment ............... 48 Section 4.0 Conditions and Guarantees .......................49 Sect. 5.0 General Provisions in Granting Conditional Use Permits................ ............................... 49 Compliance with Other Codes ...........................49 Revocation............. ............................... 49 Expiration............... .............................50 Article VI1I Parking and Off- Street Loading Requirements ....50 J pr Section 1.0 Ott- Street Parking Requirements ................. 50 24 /j Certification of Minimum Parking Requirements .........50 Combination of Required Parking Spaces ................51 Remote Parking Spaces .... .............................51 Lighting................. .............................51 Safety Barriers .......... .............................51 Parking Areas Adjacent to Public Alleys ...............51 Improvements, Design, and Location Standards ..........52 Parking Surface Areas .... .............................52 Parking Area Screening ... .............................52 Minimum Parking Requirements ..........................52 Section 2.0 Off -Street Loading Requirements .................55 Article IX Sign Requirements ........ .............................56 Section 1.0 Certain Classes of Signs Permitted in all Zoning Districts ......... .............................56 Official Government Signs .............................56 Identification Signs ..... .............................56 • Memorial Plaques ......... .............................56 Instructional Signs ...... .............................56 Flags or Emblems ......... .............................56 For Sale" or "For Rent\ ............................... 57 Church or Public Building Bulletin Boards and Identification Signs .............................57 Signs Advertising Agricultural Products Produced on the Premises ........ .............................57 Signs Identifying, by Name Only, Residential Subdivisions, Planned Housing Developments, or Manufactured Home Parks ..........................57 Signs Advertising Only the Name, Time, and Place of any Bona Fide Fair, Carnival, Festival, Bazaar, Horse Show, or Similar Event .............57 Temporary Signs .......... .............................57 Section 2.0 Maintenance ........ .............................58 Section 3.0 Illumination ....... .............................58 Section 4.0 Setback Requirement s ............................59 Section 5.0 Sign Dimension ..... .............................59 Section 6.0 Nonconforming Signs .............................59 Continuation ............. .............................59 Removal of Nonconforming Signs ........................60 Section '7.0 Prohibited Signs ... .............................60 Section 8.0 Administration ..... .............................61 Section 9.0 Filing Procedure ... .............................61 . Section 10.0 Business Signs .... .............................62 Section 11.0 Outdoor Advertising Signs ......................63 Maximum Display Area ... ............................... 63 Height Regulations ....... .............................63 Setback Requirements ..... .............................64 Lighting............... ............................... 64 Spacing.................. .............................64 Article X Planned Unit Development . .............................64 Section 2.0 Application Requirements ........................65 Section 3.0 Conformity to Plan . .............................65 Section 4.0 Internal Streets ... .............................66 Section 5.0 Zero Lot Lines ..... .............................66 Section 6.0 Planned Developments Not Exempt .................66 Section 7.0 Residential Planned Developments ................66 Section 8.0 Commercial and Industrial Planned Developments ............. .............................66 Section 9.0 Dimensional Requirements ........................67 Section 10.0 Density ........... .............................67 Section 11.0 Density Bonus ..... .............................67 Section 12.0 Commercial, Office, and Professional Facilities ............... .............................68 Section 3.3.0 Common Open Space . .............................69 Section 3.4.0 Site Planning.......... ........................ *71 Section 15.0 Homeowners (or Property Owners) • Associations ........... ............................... 72 Article XI Mining General Regulations ............................73 Section 1.0 Findings ........... .............................73 Section 2.0 Statement of Purpose ............................73 Section 31.0 Definitions ........ .............................74 Section 4:.0 Permit Application . .............................74 Section 5.0 Screening Standards .............................74 Section 6.0 Vibration Standards .............................75 Section 7.0 Non - Conforming Mining Operations ................76 Article XII Board of Adjustment .. ............................... 76 Section 1.0 Creating the Board of Adjustment ................76 Section 2.0 Powers and Duties ............................... 77 Administrative Review .. ............................... 77 Variance ............... ............................... 77 Conditional Use Permits: . .............................78 Section 3.0 Filing and Notice of an Appeal ..................78 Section 4.0 Fees for Variances or Appeals.. ................. 79 Article XIV Administration and Enf orcement ....................... 82 Section 1.0 Administration ..... .............................82 Section 2.0 Enf orcement ........ .............................82 Section 3.0 Zoning Permit for New, Altered, or Temporary Uses..................... .............................82 Section 4.0 Application for Zoning and Building Permits..... 83 Section 5.0 Fees ............... .............................83 Section 6.0 Expiration of Zoning Permit .....................83 Section 7.0 Construction and Use to be as Stated on ZoningPermit .......... ............................... 84 Section 8.0 Certificate of Occupancy ........................84 Section 9.0 Right of Appeal .... .............................84 Section 10.0 Duties of Zoning Administrator, Board of Adjustment . .............. .............................84 Article XV Definitions .............. .............................85 • • 25 I Article XIII Changes and Amendments . .............................79 Section 1.0 Action by the Applicant .........................79 Initiation of Amendments . .............................79 Application .............. Section 2.0 Action by .............................so the Planning Board ....................80 • Section 3.0 Action by the Board of County Commissioners ..... 81 Notice of Public Hearing . .............................81 Article XIV Administration and Enf orcement ....................... 82 Section 1.0 Administration ..... .............................82 Section 2.0 Enf orcement ........ .............................82 Section 3.0 Zoning Permit for New, Altered, or Temporary Uses..................... .............................82 Section 4.0 Application for Zoning and Building Permits..... 83 Section 5.0 Fees ............... .............................83 Section 6.0 Expiration of Zoning Permit .....................83 Section 7.0 Construction and Use to be as Stated on ZoningPermit .......... ............................... 84 Section 8.0 Certificate of Occupancy ........................84 Section 9.0 Right of Appeal .... .............................84 Section 10.0 Duties of Zoning Administrator, Board of Adjustment . .............. .............................84 Article XV Definitions .............. .............................85 • • 25 I r ZONING ORDINANCE OF HARNETT COUNTY 2 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 Zonina ordinance Section 1.0 Tj. l 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 Count}, 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 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 Bona fide farms in the zoning area are exempt from this Ordinance. This Ordinance does not exercise any controls over crop land, timber land, or other farm activities as long as such land uses are in the same ownership as the farm and located on the 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, 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. 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 AMlication 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 Nonconforming 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,Q 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. 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: 1. 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. F. 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- 27 J 2.3 Extension or Enlargement of Non - Conforming Situations Except as specifically provided in this Section, it shall 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 - conforming 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. • B. 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: 1. 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. F. 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- 27 J wide" manufactured home may be replaced with a 2 "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: 1. 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. 2. 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 Uses 2.9 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- Conforminq Situations, 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 non- conforming 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 non- conforming 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 Ordinance. 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 way 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. Cprt'on 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. F 30 Section 5.0 Reduction of Lot and Yard Areas Prohibited No yard or lot existing 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. 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 ] ?rojections 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, flag poles, 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 Highways. Provisions for all access work done on highway right -of -way is 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 corner 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 corner lots and a base line joining points along right -of -way lines twenty five (25) feet from the intersection right -of -way corner. 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 conformity with applicable federal, state, or county health and environmental quality regulations. Section 13.0 Sedim n ation control All land- disturbing activities shall meet the requirements of the North Carolina General Statutes. Section 14 .0 Non esidentiai manufactured Homo Use and TemnOrary 31 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. • Sec 'on 15,0 Accessory Building No accessory building shall be erected in any required yard nor within five (5) feet of any other building. Accessory buildings not exceeding 600 sq. ft. may be permitted in the required side and rear yards 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 Confect with Other Laws or Regulations It is not intended by this Ordinance 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 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. I 3 2 Section 15.0 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 - section, 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 Remedieg 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. T 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 which 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 linens, 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 5.0 Buffe];g of this Ordinance. Article V 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 VIZoniliq 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 RA -40 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 33 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. 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 1.2 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 any 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 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* R. Adult motion picture theatres* • L. Adult nightclub* M. Adult bookstores* * Subject to Additional Requirements in Section 1.7 1.3 Dimensional Reauirements The following regulations limiting the bulk and arrangement of buildings shall govern all permitted uses in this district. Minimum Lot Area - 1 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. I r. � 3 T Minimum Required Front Yard - 50 feet measured from the front property line or right -of -way line shall be devoted for sidewalks, grass, plants, 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) 1.5 Signs (as required by Article IX) 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, 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, south, east and west directions. 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 B. 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 wrecking yards H. Outdoor display, storage, or sale of vehicle or other equipment I. 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 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. • 0 u C. Mining activities (as regulated by Article XI) 35 D. Uses designated as permitted uses in the Industrial Zoning District (not including outdoor advertising signs) B. Existing industrial uses applying for permits to expand F. Massage parlors* G. Adult motion picture theatres* H. Adult nightclub* I. Adult bookstores* * Subject to Additional Requirements in Section 2.7 2.3 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 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 the Subdivision Regulations of Harnett 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 property line. Maximum Building Height - 35 feet • Corner 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. 2.4 Off Street Parking and Loading (as required by Article VIII) 2.5 Signs (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, south, east and west directions. 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 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. I 3s 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. section 4.0 Residential/Agricultural District - RA -40 Residential /Agricultural District is established The RA -40 exclusively as a single family residential and agricultural district. 4.1 Permitted. Use 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. I. Swimming Pools a. swimming pools as permitted uses shall he 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 storm drainage system, other public storm drainage system, or roadway ditch or 37 t. e,.. (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. J. Recycling collection centers 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 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) from the property line or the right -of way line Minimum Required Rear Yard - 25 feet (excluding steps) measured from the rear property line Minimum Required Side Yard - to feet measured from the side property lines (see also requirements for corner lots) Maximum Building Height - 35 feet Corner 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 Loadi (as required by Article VIII) 4.5 Sirs (as required by Article IX) 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 multi - family structures. 5.1 Permitted Uses A. Single Family, Two Family Dwellings B. Customary Home Occupations C. Bona Fide Farms I 4.2 Conditional Uses A. Planned Unit Developments, residential only B. Grocery Stores and Business Establishments (convenience type) C. Automobile Service Stations D. E. Recreational Facilities Restaurants F. Offices for Business, Professional, and Governmental Services G. Trades catering to households and business establishments H. Recreational vehicles and travel trailers (not subject to lot size requirements) 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. Privately owned Public Utility Structures and Facilities K. Mining activities (as regulated by Article XI) L. Land application of sludge or petroleum contaminated soil (as regulated by the State of North Carolina) 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 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) from the property line or the right -of way line Minimum Required Rear Yard - 25 feet (excluding steps) measured from the rear property line Minimum Required Side Yard - to feet measured from the side property lines (see also requirements for corner lots) Maximum Building Height - 35 feet Corner 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 Loadi (as required by Article VIII) 4.5 Sirs (as required by Article IX) 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 multi - family structures. 5.1 Permitted Uses A. Single Family, Two Family Dwellings B. Customary Home Occupations C. Bona Fide Farms I r 3 y D. Churches, Chapels, Temples, Synagogues E. Rectories, Parsonages, Manses, Parish Houses F. Schools, Colleges, Hospitals, Parks, Club Facilities, Community Centers G. Family 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 constriction. I. Recreational vehicles and travel trailers located on property two months or less per year (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 storm drainage system, other public storm drainage system, or roadway ditch or (2) waste water may be disposed of on the property without threat of discharge onto adjacent lots so long as such does not constitute a threat of discharge onto adjacent property streets or roadways. K. Recycling collection centers 5.2 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: • • • 39 (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 came from the State of North Carolina. The certification for public sewage disposal must come from the Harnett County Utilities Director. J. 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. Recreational vehicles and travel trailers located on property longer than two months per year (not subject to lot size requirements) N. Existing commercial uses applying for permits to expand 0. Existing industrial uses applying for permits to expand P. 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 Q. Land application of sludge or petroleum contaminated soil (as regulated by the State of North Carolina) R. Manufactured Homes • *NOTE: All conditional uses subject to site plan requirements (See Article IV, Section S). 5.3 Dimensional Rgauirements 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 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 5.5 Signs (as required by Article IX) I 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 property line Minimum Required Side Yard - 10 feet measured from the side property lines (see also requirements for corner • lots) Maximum Building Height - 35 feet Corner 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 Parkincr rand Loading (as required by Article VIII) 5.5 Signs (as required by Article IX) I Section 6 0 Residential /Agricultural District RA-20M 40 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 Hone 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 Hones H. Manufactured Home Parks (See Section 6.7) 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 5t 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. 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 located on property less than two months per year (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. 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 41 6.3 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 - 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 corner lots) Maximum Building Height - 35 feet Corner 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. I show that the waste water shall be discharged in one (1) of the following ways: (1) waste water shall drain directly into the street storm drainage system, other public storm drainage system, or roadway ditch or (2) waste water may be disposed of on the property without threat of discharge onto adjacent lots so long as such does not constitute a threat of discharge onto adjacent property streets or roadways. N. Recycling collection centers • 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 I. Day care and Elderly Care Facilities J. Recreational vehicles and travel trailers located on property longer than two months per year (not subject to lot size requirements K. Existing commercial uses applying for permits to expand L. Existing industrial uses applying for permits to expand M. 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. N. Mining activities (as regulated by Article XI) 0. Land application of sludge or petroleum contaminated soil (as regulated by the State of North Carolina) +' NOTE: All conditional uses subject to site plan requirements (see Article IV, Section 8). 6.3 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 - 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 corner lots) Maximum Building Height - 35 feet Corner 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. I 2 A 6.4 Off- Street Parking and Loading (as required in Article 4} VIII) 6.5 5j,gna (as required in Article IX) 6.6 &offers (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 Time To Time. Section 7.0 Residential /Agricultural District - RA -20 -R 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 h!rmitted 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 I. 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 located on property two months or less per year (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. 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 storm drainage system, other public storm drainage system, or roadway ditch or r1 0 :. (2) waste water may be disposed of on the 43 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. L. Recycling collection centers 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 I. Day care and Elderly Care Facilities J. Manufactured Hanes 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 51; 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. Recreational vehicles and travel trailers located on property longer than two months per year (not subject to lot size requirements) M. Existing industrial uses applying for permits to expand N. Existing Commercial uses applying for permits to expand. 0. 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. Mining activities (as regulated by Article XI) Q. Land application of sludge or petroleum contaminated soil (as regulated by the State of North Carolina) *NOTE: All conditional uses subject to site plan requirements (see Article IV, Section 8) 7.3 Dimensional Re.9_uirements 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 - 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 4 /f /9 4 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 corner lots) Maximum Building Height - 35 feet Corner 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 Loading (as required in Article VIII) 7.5 Siang (as required in Article IX) 7.6 Buffera (as required in Article IV, Section 8.0) 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 Permit as hereinafter provided. Section 1.0 Application for Conditional Use Permit 1.1 Initiation of Conditional Use Permit Any person having freehold 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 }gee fc)r Conditional Use Permit 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 Hearing 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 Admiinistrator may also post notice on the property involved for a period of one week prior to the hearing. J 45 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 use requested is listed among the conditional uses in the district for which application is made. 3.2 The requested use is essential or desirable to the public convenience or welfare. 3.3 The requested use will not impair the integrity or character of the surroundings or adjoining districts, nor be detrimental to the public health, morals, or welfare. 3.4 The requested use will be in conformity with the Land Use Plan. 3.5 Adequate utilities, access roads, drainage, sanitation and /or other necessary facilities have been made or are being provided. 3.6 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. 3.7 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. Sect 5.0 GenerAl.RKOVisions iU 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. F'_ 46 5.3 &W- iati 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. Article VIII Section 1.0 Off - Street Parking R%Mirements 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 Parkin 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 an 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 light :! g 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 Safet,l 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 P r 'ig Areas Where off -stro to a public counted as a access area, required. Adiacent to Public Alleys aet parking facilities are located adjacent alley, the width of such alley may be portion of the required maneuvering and but not as part of the parking spaces 1.7 Improvements Design, Ud Location Standards ' All off -street parking, including exits, entrances, and maneuvering and parking areas shall: A. Have access to a dedicated street or alley 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 Screenina 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 operators 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 (10) Public or private clubs and community centers - 1 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 (13) Golf course - each hole - 4 spaces I B. Public and Semi - Public Uses (1) Hospitals - 1 space for each 2 beds intended for patient use, exclusive of bassinets, and 1 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 1 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 - 1 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 period • (8) Kindergarten and day nurseries 1 parking space for each 10 children that attend, plus 1 space for each employee (9) Stadiums - 1 parking space for each 4 seats in the stadium (10) Public or private clubs and community centers - 1 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 (13) Golf course - each hole - 4 spaces I 48 C. Blud.ness 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 1 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 grass 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 - 1 parking space for each 4 seats (10) Funeral his - 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. =11 'al and Wholesale Uses Industrial and wholesale uses - one parking space for each employee on the largest shift E. =, -r 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 Recrxirements 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 -of -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. Re -Util 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 total gross floor area of less than specified herein shall be considered as one establishment provision. B. Office Buildings Hotels and Other in < ional game_ One berth for every 50,000 square feet of gross floor area or portion thereof. C. Indtiistrial and Wholesale s l shm r - 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. • • • M 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. 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 Plagues - 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, warning 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 shall not exceed sixteen (16) square feet in area. There shall be a limit of one such sign for each street abutting the lot. 1.8 S'3ns 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. 1.9 Si Manufactured Home Parks - These shall not exceed sixteen • (16) 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 Sans Advertising Only the Name Time. and J21ace of an 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. J Article IXSign ReMairements 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. 1 0 Certain Classes of Signs Permitted in all Zoning Section Districts The following 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 Plagues - 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, warning 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 shall not exceed sixteen (16) square feet in area. There shall be a limit of one such sign for each street abutting the lot. 1.8 S'3ns 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. 1.9 Si Manufactured Home Parks - These shall not exceed sixteen • (16) 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 Sans Advertising Only the Name Time. and J21ace of an 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. J I- 1.11 Temporary Signs - Those giving information pertaining to 5 O 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 moving lights are prohibited, except those giving public information such as time, temperature and date. 3.3 Illtmiinated 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 permitted. 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 ReauiXgmants 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. 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 No�lconforming 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 &) of its replacement value, the sign shall not be allowed to remain or be repaired and must be removed. L_J • • 51 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. 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. I F'-- 52 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 rase 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. 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 Eusiness signs along interstate highways shall be required to meet the following provisions: ac. 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 I -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 Advertiaing Siqns Outdoor advertising signs shall be permitted in the Commercial /:Business District, and the Industrial District. All outdoor advertising signs shall be subject to the 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 sign meet the display area requirements for that area of the County. 11.2 Height Regulations - 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. u 53 11.3 Setback Reauirements - 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 the 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 Lghtina - 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 Spacinv - All outdoor advertising signs must be spaced a minimum of 300 feet apart. Article x 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 of the several zoning districts. Section 2.0 Application Requirements is An application for a Conditional Use Permit for a planned development shall be accompanied by an Outline Development Plan presenting the following information: 2.1 Proposed land uses, the location of various dwelling types and dwelling unit densities, and the location of all other proposed buildings and construction 2.2 Proposed primary traffic circulation pattern 2.3 Proposed parks, playgrounds, and other common open space areas 2.4 Delineation of the units or phases to be constructed in progression 2.5 Proposed means of dedication of common open space areas and organizational arrangements for the ownership, maintenance, and preservation of common open space, private streets, and other common facilities, including a copy of the homeowners or property owners association bylaws, if such organization is to be used 2.6 Relation of land uses in the surrounding area to the land use plan • 2.7 Impact on public services 2.8 Drainage, water, and sewage plans 2.9 Statement as to ownership of streets, alleys, and responsibility for maintenance thereof Section 3.0 Conformity to Plan Site development within the planned development shall conform to the Outline Development Plan and associated requirements approved by the Board of Adjustment as part of the permit conditions. Modification of the Outline Development Plan and associated requirements may be made by the Board of Adjustment when requested by the owner of the property. F'_ 54 Section 4.0 Internal Streets All main arteries, through streets and collector streets internal to ,a planned development must meet all North Carolina Department of Transportation requirements as to right -of -way and construction standards. Section 5.0 Zero Lot Linea 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 required yards are maintained around the building. Section 6.0 Planned Developments Not Bxemot A planned development must meet all requirements of this Ordinance, as well as all other applicable ordinances, unless expressly exempted by this Article. Section 7.0 Residential Planned Develg=nts Residential planned developments shall consist of only residential uses and other uses as permitted by right in the district in which located, except that in RA -40, RA -30, RA -20M and RA -20R distracts, multi - family buildings, duplexes, or other buildings with common walls shall be permitted, as long as at least seventy -five (75) percent of the dwelling units meet the single family or duplex requirements of the district, and as long as all minimum yards are maintained around each building. Section 8.0 Commercial and Industrial Planned Developments Commercial and industrial planned developments, such as shopping centers and planned industrial parks shall contain only those uses permitted by right in the district in which located, unless a use listed as conditional is included in the planned development conditional use permit. These developments may, but are not required to use this procedure. The advantages are greater freedom in design and the use of zero lot lines as described in Section 5.0 above. Section 9.0 Dimensional Requirements A minimum gross development size of ten (10) acres is required. All other dimensional requirements shall be as in the applicable district with the exceptions as defined below under Density Bonus. Yards forming the outer boundary of a Planned Unit Development shall be in compliance with the minimum requirements of the district. 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 required yards are maintained around each building and around the entire perimeter of the Planned Unit Development. Section 10.0 Liensity Development area density shall be no greater than that normally permitted for the district in which the PUD is to be located except: as provided below. Development area 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 (such as schools, churches, and commercial facilities) from the gross area and dividing the remaining area by minimum conventional lot area requirements for the zoning district in which the PUD is to be located. Section 11.0 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 by the Planning Board in accordance with the following ratios of Residential Area to Common Open Space. In 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 of the Density Bonus shall be included in the Outline Development Plan for review and approval. • • d., ...,. „.. 55 % of Residential Area to be Common Onen Space % Density Bonus 10 -19 10 20 -29 15 30 -39 20 40 -49 25 50 -59 30 60 or more 35 • Section 12.0 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 Zoning Ordinance. in addition, they shall be subject to the following requirements: 12.1 Such areas of specified size shall be planned as an integral part of the Planned Unit Development. 12.2 Proposed uses are needed by and gauged primarily for the service and convenience of residents of the Planned Unit Development. 12.3 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. 12.4 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. 12.5 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. 12.6 Such establishments shall not by reason of their location, construction, manner of timing or operations, signs, lighting, parking arrangements or other characteristics have adverse effects on residential uses within or adjoining the district, or create traffic congestion or hazards. 12.7 No building 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. Section 13.0 Common Open Space "Common Open Space" required in PUD's 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 for the use and enjoyment of residents of the proposed development or for the general public, 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 finally approved and are appropriate for the benefit of the residents. 13.1 A minimum total area of 10W 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. 13.2 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, club houses, swimming pools, and the like. 56 13.3 The location, shape, and character of the Common Open Space must be suitable for the proposed development. 13.4 Common open Space shall be used only for amenity or recreational (active or passive) purposes and shall be dedicated to the County 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. 13.5 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. 13.6 All land shown on the outline Development Plan as Common Open Space must be conveyed under one of the following options: A. It may be dedicated to the County of Harnett for public use. Any dedication mist 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. B. It may be conveyed to the trustees provided in an indenture establishing an association of homeowners. The Common Open Space must be conveyed to the trustees subject to covenants and easements to be approved by the Board of Adjustment 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. C. The Common Open Space 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 future 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. Section 14.0 Site Planning 14.1 External Retationsh+os 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. 14.2 A. SgKYiCe and Em ganry Access, Access and circulation shall be adequately provided for fire fighting equipment, service deliveries, and refuse collection. • B. 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. C. Ways for Pedestrians: Walkways shall form a logical, safe, and conventional system for pedestrian access to all dwelling units, 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. Street crossings shall be held to a minimum. Section 15.0 Homeowners (or Property Owners) Associations 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 Conditional Use Permit. Provisions of the organization shall include, but not be limited to the following: 15.1 The Homeowners Association shall be established before the homes or units are sold. 15.2 Membership shall be mandatory for each buyer, and any successive buyer. 15.3 The developer shall be responsible for all maintenance and other responsibilities of the Homeowners Association until sixty percent (60 %) of all units to be sold are sold. 15.4 After sixty percent (60 %) of all units are sold, the Homeowners Association shall levy assessments and take • over its responsibilities. 15.5 The developer, or development owner, shall pay all fees levied by the Homeowners Association just as any other property owner for any remaining unsold property. 15.6 The Homeowners Association shall be responsible for liability insurance, payment of local taxes and maintenance of recreational and other facilities. 15.7 Any sums levied by the Homeowners Association that remain unpaid, shall become a lien on the individual property. 15.8 The Homeowners Association shall be able to adjust the assessment to meet changing needs. 57 I Article XIMining 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 determine whether, and under what conditions or safeguards they should authorize mining by the issuance of Conditional Use Permits. 57 I i Section 2.0 Statement of Puxgose 5 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. S. The operation will not have a significantly adverse effect on the purposes of a publicly -owned park, forest, or recreation area. 2.4 is 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 Mining 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. ,Section 5.0 Screening Standards 5.1 A visual screen of at least fifty percent (506) 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 determines 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 (506) 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 (SO6) 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. • 59 B. It is determined that due to topographic, or other circumstances where, through no fault of the permittee, 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 is 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 XII Board of Adjustment 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 by 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. 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 rules 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. 1.4 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 determination of the Zoning Administrator or to grant a variance from the provision of this Ordinance. Section 2.0 Powera and Duties The Board of Adjustment shall have the following powers and duties: 2.1 Administrative Rev nu. 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. I 60 2.2 Variangg To authorize upon appeal in specific cases such variances from the terms of the Ordinance as will not be contrary 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 denied 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 applicant. 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 permits as prescribed elsewhere in this Ordinance. Section 3.0 Filing and Notice of an A88eal 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 C 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 r �J • r� 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: 1.1 Initiation of Amendments A. Proposed changes or amendments to the Official Zoning Map may be initiated by the County 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 party. Section 2.0 Action by the PtaM na Boar 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 recommendation unless: 2.1 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 permitted 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. I I 1.2 Application 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 PtaM na Boar 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 recommendation unless: 2.1 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 permitted 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. I I F, _ Section 3.0 2 Action by the Board of County Commissioners V V 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 Efotice 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 property 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. 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 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 Administrator 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 permit 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 s 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, drawn 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 the lot, and such other matters as may be necessary to determine conformity with, and provide for the enforcement of this Ordinance. One copy of the plans shall be kept by the 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. Section 5.0 Fees The 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 permit shall expire. If after commencement, the work is discontinued for any period of six (6) months, the permit shall immediately expire and further 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 permits 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 8.0 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 buildings, 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 Anneal If a land use permit is denied, the applicant may 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 AMeal 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 the 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. 63 I r- 64 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 Use 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, subordinate in purpose to, and serves the principal use; 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. }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 Niah7cl - 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. Alley 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 (flee Dwelling, Multi - Family) Billboard (S'ee Sign, Outdoor Advertising) Block is a tract of land bounded by streets,- or by a combination of streets and public parks, cemeteries, railroad rights -of -way, shore lines of waterways or municipal boundary lines. Bona Fide Fatyg 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; however, does not include residential structures. 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, 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. is Buffer is a dense, evergreen hedge or solid fence or wall used to enclose, screen, or separate certain uses as specified in this o 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 daily 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" are conducted by a board of directors, executive committee or similar body chosen by the members. Dupl 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 - family dwellings, but not including hotels or motels. Dwelling. Multiple- Family is a building containing three or more dwelling units. is a site -built structure containing one 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. dwelling unit only. realirements) shall mean the sum of the gross horizontal areas of • Dwelling Unit consists of one or more rooms which are 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 ". 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. 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 the character thereof, no more than one (1) assistant may be employed by home occupations. Provided further, 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. I Floor Area (for determining off - street parking and loading realirements) 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 street, 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 the character thereof, no more than one (1) assistant may be employed by home occupations. Provided further, 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. I 66 Homeowners Associationa 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. 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 furnishing and laundering of linen, telephone and secretarial or desk service, the use and upkeep of furniture, and bellboy service. Incormatible Use is a use or service which is unsuitable for direct association avid /or contiguity with certain other uses because it is contradictory, incongruous, or discordant. Industrial l ?ark 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. ,]jMk 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. Junkyard 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. 1QL 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 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 (triplet -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 family, 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 Parli= is a place of business where massagists are employed to offer massage for a salary or fee. Masaagist is one who offers to massage another for a fee. 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. Ownership and Maintenance of Recreational Areas and Required-D= 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 Harnett County or its agencies, including, but not limited to, water systems, waste water systems, and storm water facilities. Recyclables - 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. • Recycling 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 are 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 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 side line 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 property and related in location, size, and type of shops to the trade area which the unit serves. Sian 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. I I- M Sian - 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 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 Poo], 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, townhouses, 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 trailer designed to be towed by an automobile or similar vehicle for the purpose of vacationing or temporary occupancy. 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. • Underpinning 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 atone 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; - 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. U.Ue is any continuous or continual occupation or activity taking place upon a parcel of land including, but not limited to, the location of gents, trailers, the storage of cars, machinery or other materials. Yard. Regitire,i 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 -may line extending across the full width of the lot. Yard. Reauired 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. Yard. Recuired 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. COUNTY COMMISSIONER$ H. L. Sorrell, Jr., Chairman Beatrice Bailey Hill, Vice Chairman Walt Titchener • Dan Andrews Joe Bowden PLANNING BOARD Harold Martin, Chairman Joe Boone, Vice Chairman Malcolm Stout B. W. Williams Ted Brown Al Caviness Gloria McNeill -McKoy DULY ADOPTED THIS 6 c DAY OF NOVEMBER, NINETEEN HUNDRED AND NINETY FIVE HARNETT COUNTY BOARD OF COMMISSIONERS NORTH CAROLINA HARNETT COUNTY I, �/(L�U (,( /o /'4" -- , a Notary Public in and for the aforesaid Stat and County, certify that H. L. Sorrell, Jr., personally appeared 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 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 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 H. L. Sorrell, Jr. acknowledged said instrument to be the act and deed of Harnett County. 1995. Witness my hand and notarial seal this —L— day of Llhl Notary blic • My Commission Expires: Cc;rnlss!ca Ewires Hcvca5er 29, I?el Y i tV.l •• -..\4 I' Hcrnoll County -5•�s., Y `� z AAA- forgoin9 mrtificatas Of O ii l •T e m Pu(Nd U �oY 4!i Lc ) is /sro cerli(iod to bo L I ei f ;••�,�•., ••• t`.•,` correct. This inslrmnord was prasenicd for registration �� l t'co at Coda page to and recot in This —U"!�_ This ^!(�� 4 ^y of 9 }� s 19 'parltysl.aJ - a►[o�J',y,,�p�Q�{{-M/.l. fry. M, By.' = 'JLIfISBj� t� d� .. • H. L Somll, Jr., Chairman itf A . Kay S. Blanchard rk""v "� Clerk to the Board NORTH CAROLINA HARNETT COUNTY I, �/(L�U (,( /o /'4" -- , a Notary Public in and for the aforesaid Stat and County, certify that H. L. Sorrell, Jr., personally appeared 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 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 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 H. L. Sorrell, Jr. acknowledged said instrument to be the act and deed of Harnett County. 1995. Witness my hand and notarial seal this —L— day of Llhl Notary blic • My Commission Expires: Cc;rnlss!ca Ewires Hcvca5er 29, I?el Y i tV.l •• -..\4 I' Hcrnoll County -5•�s., Y `� z AAA- forgoin9 mrtificatas Of O ii l •T e m Pu(Nd U �oY 4!i Lc ) is /sro cerli(iod to bo L I ei f ;••�,�•., ••• t`.•,` correct. This inslrmnord was prasenicd for registration �� l t'co at Coda page to and recot in This —U"!�_ This ^!(�� 4 ^y of 9 }� s 19 'parltysl.aJ - a►[o�J',y,,�p�Q�{{-M/.l. fry. M,