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HomeMy WebLinkAbout031510mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting March 15, 2010 The Harnett County Board of Commissioners met in regular session on Monday, March 15, 2010, in the Commissioners Meeting Room, County Administrative Building, 102 East Front Street, Lillington, North Carolina. Members present: Staff present: Timothy B. McNeill, Chairman Beatrice B. Hill, Vice Chairman Dan B. Andrews, Commissioner Gary House, Commissioner Jim Burgin, Commissioner Scott Sauer, County Manager Tony Wilder, Deputy County Manager Dwight W. Snow, County Attorney Sylvia Blinson, Finance Officer Gina Daniel, Acting Clerk Chairman McNeill called the meeting to order at 7:00 pm. Vice Chairman Hill gave the invocation. Troop 794 (Buies Creek First Baptist Church), Troop 61 (Lillington Community Building), and Troop 750 (Kipling) led the pledge of allegiance. Chairman McNeill called for additions and deletions to the published agenda. Commissioner Burgin moved to approve the agenda as published. Commissioner Andrews seconded the motion which passed unanimously. Commissioner House moved to approve the items on the consent. Vice Chairman Hill seconded the motion and the Board unanimously approved the following items on the consent agenda: 1. Minutes: March 1, 2010 Regular Meeting 2. Budget amendments: 293 Public Utilities PU0704 Ft Braga W &WW Capital Proiect Code 568- 9100- 431.43 -16 Major repair 568- 9100 431.45 -40 Land and ROW 568- 9100 431.45 -80 Contingency 568- 0000 356.91 -02 PWC Transition 294 Public Utilities PU0705 WTP Expansion Capital Proiect Code 569- 9100- 431.45 -40 Land and ROW 569- 9100- 431.45 -08 Paving 200,000 increase 100,000 increase 412,860 increase 712,860 increase 125,000 decrease 125,000 increase Harnett County Board of Commissioners March 15, 2010 Regular Meeting Minutes Page 1 of 9 295 Public Utilities PU0703 East Central Capital Proiect Ordinance Code 567- 9100 431.45 -80 Contingency 567- 9100- 431.45 -20 Legal Admin 297 Public Utilities PU014B South Central WW Capital Proiect Code 553- 9100 431.45 -80 Contingency 553- 9100 431.45 -05 Triangle Grading Paving Inc 5. Resolution to add roads to state system (Attachment 2) 5,000 decrease 5,000 increase 20,375 decrease 20,375 increase 3. Tax refunds and releases. (Attachment 1) The Tax Office also shared the Harnett County Rebate Details Report. 4. In accordance with General Statute 105- 369(a), received from the Tax Administrator, a Report of Total Unpaid 2009 taxes that are liens on real property. The total amount is $3,757,965.10. 6. The Department of Public Utilities requested approval of an increasing change order totaling $20,374.70 for Triangle Grading Paving, Inc. The change order is for quantity changes and an additional bore and jack associated with the South Central Wastewater Project. 7. The Planning Services Department requested to reclassify the position of Planning Technician (Grade 65) held by Teresa Byrd to a Planner Trainee (Grade 68) to support one or more of the current Boards and assist with other duties as performed by the professional planning staff. Ms. Byrd has worked within the Planning Services Department since 1999 and is currently performing at a level above her current position and shows much enthusaism of taking on more responsibility. Ms. Byrd holds an Associate's Degree and is currently enrolled in a four year degree program. 8. The Sheriffs Office is requesting to enter into an agreement with Hobart to provide labor, travel and parts for equipment located in the kitchen of the Detention Center. The agreement will cover March 2010 through June 30 2010 at a cost of 5,758.00 and funds are available in the current budget. Approval of the contract is contingent upon final review and approval by County Staff Attorney as to form. 9. The Sheriffs Office requests permission to submit a Criminal Justice Partnership grant to the North Carolina Department of Correction, Division of Community Corrrections. The grant will provide funds for the Criminal Justice Partnership Program in Harnett County. This program provides services to sentenced offenders. These services include GED classes, life skill classes, drug counciling, and other services. The grant will be in the amount of 103,048 with no local fund match. 10. The Sheriffs Office requests permission to accept grant funds from the Department of Justice. The first grant is the BJA FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant for $146,458.00 with no match. The Sheriff's Office has received Harnett County Board of Commissioners March 15, 2010 Regular Meeting Minutes Page 2 of 9 notification that this grant was awarded to Harnett County. These funds will be used to purchase computers (laptops) for use by Deputies in their vehices. The second grant is the regular (old Block Grant) BJA FY 09 Edward Byrne Memorial Justice Grant in the amount of 35,593.00 with no match. These funds will be used to purchase computers (laptops) for Deputies to use in their patrol cars. 11. The Sheriffs Office requests approval to enter into a agreement with BFPE to provide service and inspections of the Fire Safety Systems in the Detention Center. The agreement will provide for the inspection of the Kitchen Fire Suppression System, portable fire extingusisher, emergency and exit lights, fire alarm system, FM- 200(dry) fire suppression system, automatic sprinkler system and back -flow system. Service and inspectations will be preformed as required or needed. Funds are available in the budget. Approval of the contract is contingent upon final review and approval by County Staff Attorney as to form. 12. The Sheriffs Office requests approval to enter into a agreement with Nadnent to provide service to the Detention Center. The agreement will be for the security systems, the electronic doors, card reader system and video visitation system. Norment will provide repairs, yearly preventive maintenance, parts and labor for these systems. The agreement will be for March 2010 through June 30, 2010. Funds are available in the budget to cover the cost of this service. Approval of the contract is contingent upon final review and approval by County Staff Attorney as to form. 13. The Sheriffs Office requests approval of a Memorandum of Understanding between Immigrations and Customs Enforcement (ICE) and the Harnett County Sheriffs Office for the reimbursement of joint operations expenses from the Treasury Forfeiture Fund. Approval of the MOU is contingent upon final review and approval by County Staff Attorney as to form. 14. The Harnett County Library requests permission to apply for a grant from Wal- Mart to purchase DVDs. The amount that will be requested is $1,000. Wal -Mart will accept grant applications as long as the grant benefits the community. 15. The Deputy County Manager requests renewal of a container site lease for Mamers between Raul Aguirre Berduzco and County of Harnett. The Lessor does request an increase of $200 due to increase in taxes for property. The annual rental sum is $2,100. 16. The Deputy County Manager requests renewal of a container site lease for Johnsonville between Ralph Hilimon Mangum and Margaret M. Mangum and County of Harnett. The Lessor does request an increase of $200 due to increase in taxes for property. The annual rental sume is $2,100. 17. Emergency Services requests approval to budget the award of the 2009 -2010 ASPR (Assistant Secretary for Preparedness and Response) Grant funds for the SMAT III (State Medical Assistance Team) project administered by the Wake Med CapRac (Capital Regional Advisory Committee) in the amount of $6,000 to purchase two Motorola 800 Harnett County Board of Commissioners March 15, 2010 Regular Meeting Minutes Page 3 of 9 MHz VIPER radios for our SMAT III Team. This grant will be a reimbursable grant with no matching funds required. Chairman McNeill opened the floor for informal comments by the public, allowing 3 minutes for each presentation up to 30 minutes. Mr. Jim Thomas of Bunn Level voiced concerns regarding the Bunn Level container site. Mr. Thomas said due to the hours, location and facilities at that site people are dumping trash on nearby roads. Dr. Bruce Blackmon of Buies Creek, proposed that the County ask the NC State Treasurer to invest 5% of the county's lottery money for a growth endowment fund for Harnett County to help cut taxes. Mr. Eddie Tobler of Wilmington, North Carolina, asked the Board to consider some "common sense" changes to the rules in Harnett County regarding running deer with dogs. Tommy Ferguson and Lisa Jargison, both of Erwin, voiced concerns regarding the violence and crime in their neighborhood. Commissioner Andrews moved to approve the appointments listed below. Vice Chairman Hill seconded the motion and it passed unanimously. Adult Care Home Community Advisory Committee Perva A. Brown (nominated by Commissioner Andrews) was reappointed for a term of one year to expire February 28, 2011, Harnett County Board of Adjustment Rick L. Foster and Kenneth Shaw (nominated by Chairman McNeill) were reappointed for a term of 3 years which will expire March 31, 2013. Brad A. Salmon and George F. Brice (nominated by Chairman McNeill) were appointed as alternate members for a term of 3 years which will expire March 31, 2013. Harnett County Board of Health Lynda A. Miller (nominated by Commissioner Andrews) was appointed for a term of 3 years which will expire March 31, 2013. Juvenile Crime Prevention Council James Futrell (nominated by Commissioner Burgin) was reappointed for a term of 2 years which will expire March 31, 2012. At the request of Commissioner Burgin, reappointments to the Board of Equalization and Review were postponed; staff was directed to research term lengths and the possibility of new appointments and staggering teuns. Harnett County Board of Commissioners March 15, 2010 Regular Meeting Minutes Page 4 of 9 Mr. Ralph Thurman addressed the Board regarding the Harnett Area Rural Transit System's Proposed Rural Operating Assitance (ROAP) Application. Mr. Thurman noted that the public hearing is required as part of the application process. Mr. Thurman reported the possibly funding for administrative funds is approximately $265,636 with a 15% local match for the county and for capital expenses, which involves vehicle exchanges, is $272,310 with a 10% local match. Mr. Thurman stated the program currently has 28 vehicles and 25 drivers. Mr. Thurman will report back to the board on the total number of users in the past 12 months. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. There being no comments, Chairman McNeill closed the public hearing. Samantha Ficzko, Planner II, petitioned the Board for a proposed text amendment zoning ordinance. The request made was in regards to Article VI, Zoning Districts Regulations, Sections 11.0 11.5 Airport Overlay District AO, Article XVI Definitions. Staff proposes the amendment would provide safety of property owners in the vicinity of the airport as well as those utilizing the airport now and in the future. A public hearing was held by the Planning Board on Monday, March 1, 2010. The Planning Board unanimously recommends denial of the proposed text amendment that would add an Airport Overlay District to the curring Zoning Ordinance. It was the consensus of the commissioners and county attorney to allow one public hearing on both the above and below proposed changes. Samantha Ficzko, Planner II, petitioned the Board for a proposed zoning change This request was made in regards to proposed zoning change from Conservation, RA -20M, RA -20R, RA -30, RA -40, Commercial and Industrial to Airport Overlay Zoning District. Townships: Grove, Lillington, Neill's Creek. A public hearing was held by the Planning Board on Monday, March 1, 2010. With standing room only, eleven citizens spoke in opposition to the request. No one spoke in favor of the request. The Planning Board unanimously recommends denial of the proposed Airport Overlay Zoning District based on the impact of the proposal to the community and unfavorable findings by the Board. Mr. Wilder reported he and staff had meet with military representatives and shared concerns about low flying planes and times of usage of the Harnett County Airport. Staff asked the military to consider changing their flight patterns and not scheduling them late. The County recently renewed the Letter of Agreement between the Department of the Air Force and County of Harnett. Mr. Richard Barkes with the Division of Aviation, NC Department of Transportation, commended the county's efforts toward land use planning around the airport. He said he supports the proposed rezoning as incompatiable land use can cause real problems later. Mr. Barkes also reported that the Harnett County Airport generates close to $21 Million. Commissioners requested documentation to support that statement. Harnett County Board of Commissioners March 15, 2010 Regular Meeting Minutes Page 5 of 9 Ms. Ficzko briefly discussed responses she received when polling other counties as to if they currently have an an airport overlay or airport zoning districts? Commissiner Burgin confirmed that the Harnett County Airport currently meet FAA requirements with the exception of runway protection zone on one end of the runway. He noted that the proposed overlay is not included in the current Master Plan for the Harnett County Airport. He also noted that Duplin County is currently the only county in North Carolina with an approved airport overlay. Mr. Steve Bright with Talbert Bright spoke in support of the proposed overlay. He believes the overlay will protect the airport and people around it. He said the proposed change in the zoning ordinance has no impact on existing private property unless the owner wishes to sub- divide the property. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. The following citizens spoke in opposition of the proposed Airport Overlay zoning change: Devone Moore Louise Loyd Gene McLeod Jim Hartman Frank Stump Paul Robinson Robert Guy Craig Matthews Elizabeth Crudup Catherine Butler James Rose Lewis Bell Blair Little Thomas Ellis Jerry Brenneman Becky Williams Richard Rogers Blaze Cameron Darrell Stewart Jimmy Capps of Coats spoke in favor of the proposed Airport Overlay zoning change. There being no further comments, Chairman McNeill closed the public hearing. Commissioner Burgin asked to be recuse from voting on the two proposed changes. Commissioner House moved to allow recusal; Vice Chairman Hill seconded the motion which passed unanimously. Commissioner Andrews moved to have the Planning Board revisit the proposed Zoning Change Request Airport Overlay Zoning District. He noted 3 of the 7 board members were not present to vote on the issue. The motion died due to the lack of a second. Commissioner Hill moved to deny the proposed text amendment zoning ordinance Airport Overlay District Zoning Change request, Airport Overlay Zoning District. Commissioner House seconded the motion which passed unanimously. Commissioner Burgin did not vote. Harnett County Board of Commissioners March 15, 2010 Regular Meeting Minutes Page 6 of 9 Commissioner House moved to deny the proposed zoning change from Conservation, RA -20M, RA -20R, RA -30, RA -40, Commercial and Industrial to Airport Overlay Zoning District. Vice Chainnan Hill seconded the motion which passed unanimously. Commissioner Burgin did not vote. Samantha Ficzko, Planner II, petitioned the Board for a proposed zoning change. This request was made in regards to proposed zoning change from RA -40 to RA -20R Zoning District; 26 landowners, 72 acres, Stewart's Creek Township, SR 1779, Beaver Dam Road. A public hearing was held by the Planning Board on Monday, March 1, 2010. No one spoke in opposition to the request. Small Scale Rezoning was considered and unanimously found to be reasonable. The Planning Board recommends approval with a unanimous vote based on favorable findings of facts A -E stated in the Harnett County Zoning Ordinance. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. There being no comments, Chairman McNeill closed the public hearing. Vice Chairman Hill moved to approve the proposed zoning change. Commissioner House seconded the motion which passed unanimously. Samantha Ficzko, Planner II, petitioned the Board for a proposed text amendment Zoning Ordinance, Article VI, Zoning Districts and Regulations, Article XVI, Definitions. Proposed amendments would address certain interpretational issues related to multifamily developments, update and include a better format for multifamily development regulations. The Planning Board reviewed proposed amendments March 1, 2010, and unanimously recommended approval. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. There being no comments, Chairman McNeill closed the public hearing. Commissioner Andrews moved to approve the proposed text amendment changes. Vice Chairman Hill seconded the motion which passed unanimously. (Attachment 3) Samantha Ficzko, Planner II, petitioned the Board for a proposed text amendment Zoning Ordinance, Article IX, Sign Requirements, Sections 2.0 Maintenance 6.0 Nonconforming Signs. Proposed Amendment will allow property owners to relocate billboards to facilitate new development and growth. The Planning Board reviewed proposed amendments March 1, 2010, and unanimously recommended approval. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. There being no comments, Chairman McNeill closed the public hearing. Commissioner House moved to approve the proposed text amendment. Commissioner Burgin seconded the motion which passed unanimously. (Attachment 4) Harnett County Board of Commissioners March 15, 2010 Regular Meeting Minutes Page 7 of 9 Samantha Ficzko, Planner II, petitioned the Board for a proposed text amendment to the Harnett County Zoning Ordinance, Article VI, Zoning Districts and Regulations, Section 11.3 Use and Structure Regulations. The proposed amendments would address issues in the current ordinance regarding in -home childcare facilities that have provided "play areas The Planning Board reviewed proposed amendments March 1, 2010, and unanimously recommended approval. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. There being no comments, Chairman McNeill closed the public hearing. Commissioner Burgin moved to approve the proposed text amendment. Vice Chairman Hill seconded the motion which passed unanimously. (Attachment 5) Samantha Ficzko, Planner II, petitioned the Board for a proposed text amendment to the Harnett County Subdivision Ordinance, Article V, Design Standards, Section 5.3 Water Sewer. Proposed Amendments would remove vague and ambiguous statements. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. There being no comments, Chairman McNeill closed the public hearing. Vice Chairman Hill moved to approve the proposed text amendment. Commissioner Andrews Hill seconded the motion which passed unanimously. (Attachment 6) Mr. Sauer presented the following reports: Department of Public Health February Activities Summary Animal Control February Activities Report Landfill Billing for February Veteran Affairs February Activities Report Planning Services Monthly Report Community Child Protection Team (CCPT) of Harnett County's Annual Report Mr. Sauer announced that Litter Sweep Annual Clean-up will be April 17, 2010 through May 1, 2010 Chaittnan McNeill asked the media to encourage citizens to complete their census forms. He stated that state and federal funds are allocated based on those census numbers. Commissioner Andrews moved that the Board go in to closed session to discuss and consider certain personnel matters and discuss litigation. This motion is made pursuant to N.C. General Statute Section 143- 318.11(a)(6). Vice Chairman Hill seconded the motion which passed unanimously. Commissioner Andrews moved that the Board come out of closed session. Vice Chairman Hill Harnett County Board of Commissioners March 15, 2010 Regular Meeting Minutes Page 8 of 9 seconded the motion which passed unanimously. Commissioner Burgin moved to removed abortions from our health care policy. The motion was seconded by Commissioner House. Chairman McNeill moved to table the issue until more information was available. The motion was seconded by Commissioner Andrews and passed 4 to 1. Commissioner Burgin asked staff to make adjustments for bonuses for workers with calculation of regular overtime. Commissioner Burgin asked staff to pay Talbert and Bright as soon as possible for their work on the proposed Airport Overlay. Vice Chairman Hill moved to adjourn the meeting at 10:34 pm. Commissioner House seconded the motion and the meeting was adjourned. Timothy cNeill, Chairman Margat Regina eeler, Acting Clerk Harnett County Board of Commissioners March 15, 2010 Regular Meeting Minutes Page 9 of 9 Attachment 1 Board Report Date 03/15/2010 TO HARNETT COUNTY BOARD OF COMMISSIONERS RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES Payer Bill* Tax, Interest and Total' Na. Name of Tax Pa Y Penalties. Rerun 1 ARNOLD, WILBERT LEE ARNOLD, KATHERINE WEST 190 MOORES CHAPEL RD LILLINGTON NC, 27546 7747 2 ARNOLD, WILBERT LEE ARNOLD, KATHERINE WEST 190 MOORES CHAPEL RD LILLINGTON NC, 27546 7747 3 CASTRO, EDWIN ANTONIO PO BOX 133 ANGIER NC, 27501 0133 4 GALVAN, JENNIFER A BATES, BRUCE JR 140 KNOTTINGHAM COURT DUNN NC, 28334 0000 5 GALVAN, JENNIFER A BATES, BRUCE JR 140 KNOTTINGHAM COURT DUNN NC, 28334 0000 6 GALVAN, JENNIFER A BATES, BRUCE JR 140 KNOTTINGHAM COURT DUNN NC, 28334 0000 7 GALVAN, JENNIFER A BATES, BRUCE JR 140 KNOTTINGHAM COURT DUNN NC, 28334 0000 8 GALVAN, JENNIFER A BATES, BRUCE JR 140 KNOTTINGHAM COURT DUNN NC, 28334 0000 9 HARRIS WILL WIFE 1/2 INT O'NEAL DALTON 1/2 INT 5740 COKESBURY ROAD FUQUAY VARINA NC, 27526 0000 10 HOPKINS, DRUCILLA TODD TODD, JAMES T 5659 HORNADAY ROAD UNIT G GREENSBORO NC, 27409 0000 11 MAHER, JOHN ROBERT MAHER, STEPHANIE WEST 19 CLIMBING ARCH CT LILLINGTON, NC, 27546 6894 12 MCCORMICK FARMS 8195 MCCORMICK BRIDGE RD SPRING LAKE, NC, 28390 8150 13 MCGRIFF, ANTONIO L MCGRIFF, MARY T 0000547560- 2007- 2007- 000000 0000547560- 2008- 2008- 000000 0001203495- 2008- 2008- 000000 0000041366- 2005- 2005- 000000 0000041366- 2006- 2006- 000000 0000041366- 2007- 2007- 000000 0000041366- 2008- 2008- 000000 0000041366- 2009- 2009- 000000 0000002558- 2009- 2009- 000001 0000054511- 2009- 2009- 000000 0001587095- 2009- 2009- 000000 0001278880- 2008- 2008- 000000 0001306873- 2008- 2008- 000000 ftoproved by the Harnett Count; Board of Commissioners Approved B City 0.00 County 173.26 City 0.00 County 164.69 City(CI04) 45.74 County 69.47 City 0.00 County 127.73 City 0.00 County 127.73 City 0.00 County 127.73 City 0.00 County 132.66 City 0.00 County 108.28 City 0.00 County 20.77 City 0.00 County 229.29 City 0.00 County 1.55 City 0.00 County 77.75 City 0.00 Request Status Refund Reason Value Decrease Value 164.69 Refund Decrease Value 115.21 Refund Decrease Value 127.73 Refund Decrease Value 127.73 Refund Decrease Value 127.73 Refund Decrease Value 132.66 Refund Decrease Value 108.28 Refund Decrease 20.77 Refund Value Decrease Value 229.29 Refund Decrease Value 1.55 Refund Decrease Value 77.75 Refund Decrease 129.11 Refund Value Decrease 97 LAMPLIGHTER WAY SPRING LAKE NC, 28390 0000 14 MCGRIFF, ANTONIO L MCGRIFF, MARY T 97 LAMPLIGHTER WAY SPRING LAKE NC, 28390 0000 15 MITCHELL FOREST LP 113 PARK AVENUE FUQUAY VARINA NC, 27526 0000 16 STONE, ELIZABETH MCNEILL STONE, BENNIE LAWRENCE 449 ADAMS RD LILLINGTON, NC, 27546 9172 17 WEAVER, CRISTIE STONE 449 ADAMS ROAD LILLINGTON NC, 27546 WM. A. TONY WILDER Revenue Administrator CC: WM. A. TONY WILDER 0001306873- 2009- 2009- 000000 0000037774- 2009- 2009- 000000 0001661116- 2009- 2008- 000000 0001393562- 2009- 2008- 000000 County 129.11 City 0.00 County 113.06 City 0.00 County 118.32 City 0.00 County 7.77 City 0.00 County 5.49 City Total County Total Total to be Refunded Value 113.06 Refund Decrease Value 118.32 Refund Decrease Situs 7.77 Refund Correction Situs 5.49 Refund Correction 45.74 1,734.66 1,780.40 Harnett C 0 U N T Y uRTi Attachment 2 BE IT RESOLVED that the Harnett County Board of Commissioners does hereby, by proper execution of this document, requests that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed street. Duly adopted this 15th day of March, 2010. Marg et Regina ler Acti Clerk to the Board strong roots new growth Village at Lexington Subdivision Scranton Ct. (SR 2467 Ext) British Ln. Abigail Wy. Boston Hbr. HARNETT COUNTY BOARD OF COMMISSIONERS /AV RESOLUTION 1,492,)F y B. McNeill, Chairman Board of Commissioners www.harnett.org Timothy B. McNeill, Chairman Beatrice B. Hill, Vice Chairman Dan B. Andrev,s Gary A. House Jim Burgin Kay S. Blanchard, Clerk to the Board PO Box 759 102 East Front Street Lillington, NC 27546 ph: 910- 893 -7555 fax: 910 814 -2662 Attachment 3 Harnett C 0 U N TY NORTH CAROLINA WHEREAS, the Board of Commissioners of Harnett County adopted a Zoning Ordinance on July 18, 1988, June 5, 2000, and June 15, 2009 for the purpose of promoting the health, safety, and general welfare of the county residents; and WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North Carolina, particularly G.S. 153A -340; and WHEREAS, the Zoning Ordinance contains provisions for amending said ordinance and those provisions have been followed; and WHEREAS, the Harnett County Planning Board has reviewed the amendment to the articles of the Zoning Ordinance as listed below and recommends the adoption of the following amendment. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that Article VI "Zoning Districts Regulations Section 11.1 "Use Types Regulations Section 11.3 "Use Regulations", and Article XVI "Definitions" of the Zoning Ordinance shall be amended to read as indicated in "Attachment "Attachment" is filed with the Zoning Ordinance in the Clerk to the Board's Office. Duly adopted this 15 day of March, 2010 and effective upon adoption. Margai et Regina ATTEST: 1 W strong roots new growth A RESOLUTION AMENDING THE HARNETT COUNTY ZONING ORDINANCE vj eeler, Clerk to the Board HARNETT COUNTY BOARD OF COMMISSIONERS McNeill, Chairman www.harnett.org UPDA1E, the following table from Article VI Section 11.1 "Use Types Regulations" as shown RESIDENTIAL Traditional Household Residential Single Family Dwellings (including modular homes) Compatibility Design Development Manufactured Home Parks (see Manufactured Home Park Ordinance) Manufactured Homes (on individual parcel) Multi-Section Manufactured Homes (on individual parcel) Multi Residential Condominium Developments Duplex Development Multi-family Dwelling (three (3) or more dwelling units on individual parcel) Townhome Development Two-Family Dwelling (duplex on individual parcel) Nontraditional Residential (See PUD Article) Live/Work Development Continuing Care Retirement Community Religious Structures Cemetery or Mausoleum, Commercial Use Cemetery or Mausoleum, Private Use Funeral Home or Mortuary z ATTACHMENT P IP P I P -J Planned Unit Development (non-residential) C C Planned Unit Developments (residential and/or I residential mixed use) Group Residential Family Care Facilities Group Care Facility ACCESSORY USES AND STRUCTURES I Customary Home Occupations Education: Typically related accessory uses (dormitories, stadiums, auditoriums, P p museums etc...) Religious Structures related accessory uses (Rectories, Parsonages, Manses, Parish C C Houses, Cemeteries, Mausoleums, etc) Swimming Pools P* P* AGRICULTURE AND FORESTRY Bona Fide Farm Nursery Preserves (Nature, Wildlife, or Forest) EDUCATIONAL AND INSTITUTIONAL 'C*I 1 P 1 IP 1. P* P P P P* PIP PIP P* P* P* P* I C C* P* P* P* P* P* C* I C* C C C C As required by underlying use 3 P P* P C* C* I C* C* C* C* C* C* P* C* C* P IP IP' 1 1 0 P* P* C* C* IP PIPIP P PP PP P* P* P* P* P P P* p* P P P P* PARKING 2 per dwelling unit 2 per dwelling unit 2 per dwelling unit 2 per dwelling unit 2 per dwelling unit 1.5 per bdrm 1 per bdrrn over 2 1.5 per bdrrn 1 per bcIrrn over 2 1.5 per bdrm 1 per bdrm over 2 1.5 per bdrm 1 per bdrm over 2 1.5 per bdrm 1 per bdrm over 2 As required by proposed uses As required by underlying use 1 per 5 beds 1 per 5 beds see O&I District Regulations 2 21 2 I 2 2 2 1 i 3 3 2_ i 1 per 500 sq. ft. I 2 :--1 I 1 1 -4 I c I c C C C 1 C 1 per employee (largest shift) +14 I 2 1 II .---i per resident 1 ICIPiP Pi P 1 P I P I P i 1 per 4 sanctuary seats 2 -..i 21 PIPIPIPI I 2 I P I ICICICICI 1 per 4 seats OR 1 per 200 sq. ft i 2 I Daycare Facilities Adult Daycare Childcare Facility In -Home Childcare Educational Services Educational Institution: Colleges, Universities, Trade Schools Research Laboratory School: Elementary Middle School: High Truck driving school Financial Services Health Services Emergency Services (Police, Fire, Rescue, P Ambulance Service) Health Care Services (Medical Dental Clinic C Lab, Blood Bank, etc) Hospitals P I Public Services Parks Bed and Breakfast Boarding House Hotel or Motel Homeless Shelter Recreational Vehicle Park Offices, General Offices (Business or Professional) Offices (Governmental) Personal Services Licensed Massage Bodywork_Therapist Massage parlors Trades and similar enterprises catering households business establishments to I P* P *IC *I P P IP i C C C C P C Automated Teller Machine (ATM) P* j P* P* Financial Institutions (Banks, Credit Agencies, c P P Investment Companies, etc) Public Library Social Institutions Community and Civic Centers Social halls, lodges, fraternal organizations, clubs, similar activities COMMERCIAL Existing commercial uses applying for permits to expand Animal Services Kennels, Boarding Stables, Other similar I C C C regulated land uses Veterinarian Service Eating and Drinking Places Restaurant Bar or Tavem Lodging Services C* I P* C* I P I P P I P ,C *'C *I P' P I P L P l P P P 2 C* C *I 1 C *'C* r P* P* PP! P I C C;C P p I P P I P I P I P I I P I P I P I P P P'? 1. C CCI C *,C* C C CC! I I *IP* PARKING f C* 1 per employee 1 per 8 clients C I 1 per employee 1 per 8 clients P* j As required by underlying use P 5 per classroom 1 per office per 2 employees (largest shift) OR 1 per 500 so. ft. 2 per classroom 5 per classroom 5 per classroom 1 per office 2 per machine 1 per 200 sq. ft 1 per 350 sq. ft. 1 per 300 sq. ft. 2 per bed 1 per 300 sq. ft. 1 per 200 sq. ft. 1 per 200 sq. ft. 1 per employee 1 per kennel or pen 1 per 300 sq. ft. 1 per 4 seats 1 per 4 seats 1 per room 1 per employee 1 per room 1 per employee 1 per room 1 per 2 employees 1 per 400 sq. ft. 1 per 200 sq. ft. 1 per 200 sq. ft. C I 3 per licensed therapist As required by underlying use 3 3 3 3 3 3 3 1 per 300 sq. ft. I 4 C 1 per 300 sq. ft. I 3 4 1 j 2 2 2 j 3 3 3 3 Health Training Center, Outdoor Race Track Recreation Amusement Services Recreational Day Camp Recreational Facility, Indoor Shooting Range Turkey Shoot, Temporary/Seasonal Retail Services Convenience Stores Convenience Business Establishments Grocery Store Flea Markets, Rummage, Second Hand Sales Activities Nursery, Retail Retail sales, shops, stores, and service establishments (entirely within an enclosed building) Sexually-Oriented Business (ie, bookstore, motion picture, nightclub) Vehicle Sales, Leasing, and Service Automobile Service Stations Type p p* IP C* Vehicle Sales Outdoor display, storage, or sale of vehicles or other equipment Repossession Storage Fa I (R! pot Lot) itY __I?* INDUSTRIAL Existing industrial uses applying for permits to expand Manufacturing Manufacturing, Fertilizer 00 0 Recreational Facilities Recreational Facility iC1C1C1C1 Athletic Fields, Private 1 i 1 Health Training Center, Indoor C* P* I P* P* I C* 1 C* C* C* C* C* I C* C C C* C* Ipi P C* C* C* C* !C* C* C* C* PIP C C P C 1 P C* C* ct 1 Manufacturing, General P C P 1 P* P* P* 1 Manufacturing, Light 1 C Warehousing and Freight Handling Assembling, processing industries, wholesale, P I C C warehouse, transfer activities Storage, Recreational vehicle travel trailer Storage, Self mini-warehouse P*_ P* P* Wholesale Trade Wholesale storage of gasoline or bulk terminal c* plants, Waste Junkyards (see "Junk Motor Vehicles, Junk c Yards, Abandoned Manufactured Homes") Recycling Collection Centers (unmanned) P* P* 1 P* Recycling Collection Centers Solid Waste p Container Sites (manned) 3 P* P* 0 C g g C C C C 1 per 4 persons (at max capacity) 25 per field 1 per 200 sq. ft. 1 per 200 sq. ft. 1 per 200 sq. ft. C C C C I 1 per participant 1 per 3 seats 1 per 4 persons (at max capacity) C* C* C* C* 1 per employee 1 per 8 clients C C C C 1 1 per 200 sq. ft. C C 0 C 1 per firing point C 1 C C* 1 C* 1 per firing point P* P* C* C* C* C* P P CCCC CCCC c P* P* C* C C* PARKING 1 per 150 sq. ft. 1 per 200 sq. ft. 1 per 300 sq. ft. 1 per 500 sq. ft. 1 per 300 sq. ft. 1 per 300 sq. ft. 1 per 2 employees (largest shift) OR 1 per 500 so. ft. 1 per 2 employees (largest shift) OR 1 per 500 so. ft 1 per 2 employees (largest shift) OR 1 per 500 sq. ft. 1 per2 employees (largest shift) OR 1 per 500 sq. ft. see Office, if applicable see Office, if applicable 1 per 2 employees (largest shift) OR 1 per 500 sq. ft. 3 3 2 2 3 3 2 2 4 1 1 3 3 3 3 4 C 1 C C C 1 5 per bay 1 per employee 3 1 per 2 employees (largest shift) 1 3 OR 1 per 500 sq. ft. 1 per 2 employees (largest shift) 1 3 OR 1 per 500 sq. ft. 1 per 200 sq. ft. 4T1 As required by underlying use 4 4 1 4 4 4 1 I 3 I 4 1 per 2 employees (largest shift) 1. OR 1 per 500 sq. ft. 4 3 P* P* P* 1 1 per unit C C C per 2 employees (largest shift) 1 4 OR 1 per 500 sq. ft Recycling Plant Solid Waste Disposal, Land application of sludge, or petroleum -c ontaminated soil Solid Waste Disposal, Land Clearing Inert Debris Landfill Z P MINING Mining activities (see "Mining General Regulations") UTILITIES Private owned public utility structures facilities Towers: Microwave, T.V., telephone, radio, cellular TEMPORARY USES Residence, Temporary MISCELLANEOUS USES Airports related uses I P Outdoor advertising signs (see "Sign Regulations J C c* I C P 4 CICI CC CSC C C* 0 C C 2 N gi P I P 1 P I P j PARKING 1 per 2 employees (largest shift) OR 1 per 500 sq. ft 1 per 2 employees (largest shift) OR 1 per 500 sq. ft. 1 per 2 employees (largest shift) C C 1 per 2 employees, if applicable 2 per dwelling unit 1 per 300 sq. ft. DELETE, the following from Article VI "Zoning Districts Regulations" Section 11.0 "Use Structure Regulations" Section 11.3 "Use Regulations" Development: Condominium Condominium developments built within the planning jurisdiction of Harnett County are subject to the following special conditions and requirements and all other applicable ordinances. A. A declaration establishing a condominium development must be prepared which satisfies the requirements of the N.C. Unit Ownership Act (G.S. 47A -1 et seq.). This declaration shall be filed with the plans for the development. The plans and declaration shall be submitted with the Conditional Use Permit application. B. Residential density shall not exceed nine (9) dwelling units per acre and shall meet any applicable Watersupply Watershed Ordinance requirements. C. A minimum of fifteen percent (15 of the tract must be set aside for recreation. Of the total set aside five percent (5 of the area must be developed for active recreation. This area must be installed and maintained by the developer until ownership is transferred to the Homeowners' Association. D. Private roads are permitted; however, the declaration must contain a statement addressing road maintenance and ownership. All roads within a condominium development, whether private or public, shall be paved. E. Parking spaces are required at the rate of one and a half (1 spaces per dwelling unit. Each parking space shall be no less than nine feet by twenty feet (9'x20). F. Parking lots shall be paved and all driveways shall meet the current N.C. Department of Transportation standards for driveways. G. When parking lots are within the required front yard, the minimum front yard shall be increased by an additional twenty (20) feet. 4 II i 1 per 2 employees (largest shift) 4 OR 1 per 500 sq. R 41 H. Separation between buildings within the development shall be according to the North Carolina Building Code, Volume I, General Construction. I. The minimum setback requirements for the front, rear and side yards as specified in the County's Zoning Ordinance shall apply. For buildings located on the periphery of a development, the minim side yard requirement for the respective zoning districts shall be met. J. Maximum building height, minim lot size, yard requirements except as noted elsewhere, and minim lot frontage shall meet the requirements of the applicable zoning districts. K All plats shall show Parcel Identification Numbers, net acreage and gross acreage. Recordation of the declaration and plan shall be completed by the developer or his agent within ninety (90) calendar days following approval by the Board of Commissioners or such approval shall be null and void. Development: Townhome Townhome developments are subject to the following special conditions and requirements as well as all other applicable ordinances. A. In a townhome development in which any facilities such as but not limited to streets, parking areas, recreation facilities and common open space are to be held and maintained in common ownership a Homeowners' Association shall be organized. Documents showing the association's organizational structure and by -laws as well as a master development plan for the property shall be filed with the Planning Department. For townhome developments, the aforementioned documents shall become part of the application for a conditional use permit. Following the granting of a conditional use permit by the Board of Adjustment, the plans and related documents shall be reviewed by the Planning Board and approved by the Board of Commissioners since the subdivision of land is involved. All townhome units shall be subject to the conveyance of a fee simple lot. B. The organizational documents and by -laws shall include, but are not limited to, the following. 1. The Homeowners' Association shall be established before any lots are sold. 2. Membership shall be mandatory for each buyer and any successive buyer. 3. The developer shall be responsible for all maintenance and other responsibilities of the Homeowners' Association until sixty percent (60 of all units to be sold are sold. After sixty percent (60 of all units are sold, the Homeowners' Association shall levy assessments and assume its responsibilities. 4. The Homeowners' Association shall be responsible for liability insurance, taxes and maintenance of all recreation facilities, grounds and common areas. Any sums levied by the Homeowners' Association that remain unpaid shall become a lien on the individual property. 5. The Homeowners' Association shall be able to adjust the assessment to meet changing needs. C. Residential density shall not exceed nine (9) dwelling units per acre and shall meet any applicable Watersupply Watershed Ordinance requirements. D. A minimum of fifteen (15 of the tract must be set aside for recreation. Of the total set aside five percent (5 of the area must be developed for active recreation. This 5 area must be installed and maintained by the developer until ownership of the recreation area is transferred to the Homeowners' Association. E. All roads, whether private or public, shall be paved. Once ownership of the private roads has been transferred to the Homeowners' Association the association shall assume maintenance of such roads. F. When parking lots are located within the required front yard, the minimum front yard for each unit shall be increased by an additional twenty (20) feet. All parking lots shall be paved and each parking space shall be at least nine feet by twenty feet (9'x20'). All driveways shall meet the current N.C. Department of Transportation standards. G. All walls between individual units and separation between individual buildings within the development shall be according to the North Carolina Building Code, Volume I, General Construction. H. Buildings on the periphery of the development shall meet the side yard requirements for the respective zoning districts. I. Maximum building height and yard requirements except as requirements of the applicable zoning district. A maximum lot size is not established for individual townhouse lots. However, all individual lots shall meet the following minimum requirements: lot width of twenty (20) feet; lot frontage on a public street, private street or parking lot of twenty (20) feet; front yard setback of thirty -five (35) feet if the parking lot is located elsewhere; front yard setback of fifty -five (55) feet if the parking lot is within the front yard and rear yard setback of twenty -five (25) feet. For buildings located on the periphery of a development, the minimum side yard requirement is ten (10) feet unless it's a corner lot in which case the minimum side yard is twenty (20) feet. K. All plats shall show Parcel Identification Numbers, net acreage for each lot and gross acreage for the entire subdivision. Recordation of the organizational papers, by -laws and final plat shall be completed by the developer or his agent within ninety (90) calendar days following approval by the Board of Commissioners or such approval shall be null and void. J. Multi- Family Aparttuents A. Maximum of nine (9) apartments per acre developed. B. Minimum of fifteen percent (15 of the area developed set aside for recreational use, at least five percent (5 of which must be active recreation, such as 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. ADD REORGANIZE the following to Article VI "Zoning Districts Regulations" Section 11.0 "Use Structure Regulations" Section 11.3 "Use Regulations" Multi- Family Residential Development: General Regulations (Apartment Development, Condominium Development, Duplex Development, Multifamily Development (other), and 6 Townhome Development) A. Residential density shall not exceed nine (9) dwelling units per acre. B. A minimum of fifteen percent (15 of the tract must be set aside for recreation. Of the total set aside five percent (5 of the area must be developed for active recreation. This area must be installed and maintained by the developer until ownership of the recreation area is transferred to the Homeowners' Association, if applicable. In cases where no Homeowners' Association is created, the developer shall be responsible for continued maintenance of recreation areas. 1. Active recreation areas, such as golf courses, basketball courts, swings, etc., shall be clearly defined. Any equipment used for active recreational areas shall be permanently affixed to the ground. 2. All recreation areas must be equipped and maintained by the appropriate body. C. A network of sidewalks and pedestrian trails, where applicable, shall be provided to connect all parking areas, driveways, residential structures, and amenities. Approval of such shall be based on connectivity. 1. Sidewalks shall be constructed along all roads, driveways, parking areas, and residential structures. Said construction shall be in accordance with the construction standards set forth in the Harnett County Subdivision Regulations. 2. Pedestrian trails may be provided in place of sidewalks between all separate accessory structures and amenities, including open space and recreational areas. Said pedestrian trails shall be a minimum of four (4) feet wide and three (3) inches thick. D. Developments larger than five (5) acres in size shall install street trees along both sides of all newly created public or private road(s). Said improvements shall be in accordance with the applicable requirements set forth in the Harnett County Subdivision Regulations. E. Recordation of the declaration, if applicable, and plan shall be completed by the developer or his agent prior to issuance of the first Certificate of Occupancy (CO) on the project following approval by the Development Review Board (DRB)or such approval shall be null and void. F. In any multifamily development in which lots and /or units are individually sold, a Homeowners' Association (HOA) shall be required. 1. The required organizational documents and by -laws shall include, but are not limited to, the following: a) The Homeowners' Association shall be established before any lots are sold. b) Membership shall be mandatory for each buyer and any successive buyer. c) 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. After sixty percent (60 of all units are sold, the Homeowners' Association shall levy assessments and assume its responsibilities. d) The Homeowners' Association shall be responsible for liability insurance, taxes and maintenance of all recreation facilities, grounds and common areas. Any sums levied by the Homeowners' Association that remain unpaid shall become a lien on the individual property. 7 e) The declaration shall contain a statement addressing road maintenance and ownership, if applicable. G. Roads, driveways, and parking areas shall meet the following requirements: 1. All driveways, roads, and parking areas whether private or public, shall be paved and constructed to NCDOT standards. Once ownership of the private roads has been transferred to the Homeowners' Association, if applicable, the association shall assume maintenance of said roads. 2. When parking lots are located within the required front yard, the minimum front setback for each unit or the development as a whole, whichever is applicable, shall be increased by an additional 20 feet. H. Individual lots shall meet the following minim dimensional requirements as applicable Minimum side yard requirements shall apply to perimeter boundaries only, except in cases of a duplex development, where the minimum side yard on one (1) side shall meet the requirements below. Minimum Lot Width Minimum Front Yard Minimum Front Yard (Parking within Front Yard) Minimum Rear Yard Minimum Side Yard Minimum Side Yard, Corner Lot 20ft 35 ft 55 ft 25 ft 10ft 20 ft Multi Family Residential Development: Specific Regulations Apartment Development A. 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. Condominium Development A. A declaration establishing a condominium development must be prepared which satisfies the requirements of the N.C. Unit Ownership Act (G.S. 47A). This declaration shall be filed with the plans for the development. The plans and declaration shall be submitted with the Conditional Use Permit application. Duplex Development A. The requirements set forth herein for Duplex (or Two Family Dwelling) shall not be applicable to the Duplex Development. Multifamily Development (other) A. 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. 8 Townhome Development A. In a townhome development in which any facilities such as but not limited to streets, parking areas, recreation facilities and common open space are to be held and maintained in common ownership a Homeowners' Association shall be organized. Documents showing the association's organizational structure and by -laws as well as a master development plan for the property shall be filed with the Planning Department. For townhome developments, the aforementioned documents shall become part of the application for a conditional use permit. B. All townhome units shall be subject to the conveyance of a fee simple lot. ADD the following text to Article XVI "Definitions" (all items shall be added alphabetically) Duplex Develonment is a development consisting of more than one (1) Two Family Dwelling (see definition) created as a single project. Multifamily Development is a building or development containing three (3) or more dwelling units_ including units that are located over one (11 another. 9 Attachment 4 Harnett C 0 U N TY ^i0R i H CAROLINA WHEREAS, the Board of Commissioners of Harnett County adopted a Zoning Ordinance on July 18, 1988, June 5, 2000, and June 15, 2009 for the purpose of promoting the health, safety, and general welfare of the county residents; and WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North Carolina, particularly G.S. 153A -340; and WHEREAS, the Zoning Ordinance contains provisions for amending said ordinance and those provisions have been followed; and WHEREAS, the Harnett County Planning Board has reviewed the amendment to the articles of the Zoning Ordinance as listed below and recommends the adoption of the following amendment. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that Article IX "Sign Requirements", Section 2.0 "Maintenance" and Section 6.0 "Nonconforming Signs" of the Zoning Ordinance shall be amended to read as indicated in "Attachment A "Attachment A" is filed with the Zoning Ordinance in the Clerk to the Board's Office. Duly adopted this ;h l day of March, 2010 and effective upon adoption. S zco• McNeill, Chairman ATTEST: 1l �l� u 44 Ip" 2-/, Mar aret Regina' Wheeler, Clerk to the Board strong roots new growth A RESOLUTION AMENDING THE HARNETT COUNTY ZONING ORDINANCE HARNETT COUNTY BOARD OF COMMISSIONERS 7 „ft_ Timoth www.h arnett.org ATTACHMENT A MOVE the following from Article IX Section 6.0 "Non- Conforming Signs" to Article LX Section 2.0 "Maintenance" 2.1 Conforming Signs A. A conforming business or outdoor advertising sign that has been destroyed or significantly damaged may be reconstructed within the limits of the rules and filling procedures set forth in this Ordinance. B. Conforming sign structures may be reconstructed so long as the reconstruction does not conflict with any applicable, state, federal, rules, regulations, or ordinances. C. A conforming business sign that is making minor repairs to an existing conforming sign shall be allowed to make repairs without receiving permits, unless other local, state, or federal rules apply. D. Conforming outdoor advertising signs shall be allowed to perform reasonable repair and maintenance. The following activities are considered to be reasonable repair and maintenance (No Building permit shall be needed to make the following repairs with exception of numbers 3 5): 1. Change of advertising message or copy on the sign face. 2. Replacement of border and trim, stringer, or panel, with like material. 3. Repair and replacement of a pole(s), with like material or materials allowed by these regulations. 4. Alterations of the dimensions of painted bulletins incidental to copy change. 5. Any net decrease in the outside dimensions of the advertising copy portion of the sign; but if the sign face or faces are reduced they may not thereafter be increased beyond the size of the sign on the date it became nonconforming. ADD the following to Article IX Section 6.0 "Non- Conforming Signs" 6.4 Exception Relocation of existing, non conforming outdoor advertising signs located within the Highway Corridor Overlay (HCO) District shall be exempt from the regulations set forth in this Section, only as provided below: A. Relocation of existing, non conforming outdoor advertising signs shall be permitted in cases where the location of the sign is preventing the location of a new business. B. The property on which the outdoor advertising sign is currently located and the proposed new location must be under the same ownership. C. Relocated outdoor advertising signs shall meet Sub sections "Maximum Display Area "Height Regulations "Setback Requirements and "Lighting" of Article IX "Sign Requirements Section "Outdoor Advertising Signs" D. In regards to spacing requirements, the proposed outdoor advertising sign must comply with the most recent version of NC DOT's "Regulations for the Control of Outdoor Advertising in North Carolina." E. Relocation of the outdoor advertising sign shall not be permitted until the first permit is issued on the new business. 1 Attachment 5 Harnett C 0 U N T Y 4oR 1.AROLINA WHEREAS, the Board of Commissioners of Harnett County adopted a Zoning Ordinance on July 18, 1988, June 5, 2000, and June 15, 2009 for the purpose of promoting the health, safety, and general welfare of the county residents; and WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North Carolina, particularly G.S. 153A -340; and WHEREAS, the Zoning Ordinance contains provisions for amending said ordinance and those provisions have been followed; and WHEREAS, the Harnett County Planning Board has reviewed the amendment to the articles of the Zoning Ordinance as listed below and recommends the adoption of the following amendment. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that Article VI "Zoning Districts Regulations", Section 11.3 "Use Regulations" of the Zoning Ordinance shall be amended to read as indicated in "Attachment "Attachment" is filed with the Zoning Ordinance in the Clerk to the Board's Office. Duly adopted this 15 day of March, 2010 and effective upon adoption. AT Z. m EST: Margaret Regina Wh strong roots new growth A RESOLUTION AMENDING THE HARNETT COUNTY ZONING ORDINANCE ler, Clerk to the Board C HARNETT COUNTY BOARD OF COMMISSIONERS McNeill, Chairman www.h arnett.org ATTACHMENT DELETE /ADD the following to Article VI "Zoning Districts Regulations" Section 11.0 "Use Structure Regulations" Section 11.3 "Use Regulations" Daycare Facilities: Adult Daycare, Childcare Facility, and In -Home Childcare Daycare facilities shall comply with all State and federal laws that pertain to the health, safety, and welfare of facility clients. In addition, all daycare facilities shall comply with the following specific requirements as applicable: A. Childcare Facility 1. Outdoor activity area(s) shall be enclosed by a security fence at least six (6) feet in height and shall be located outside of the front building setback as established by this Ordinance. B. In -Home Childcare 1. In no case shall any in -home childcare facility have more than that maximum number of children allowable. Of that number, the following requirements must be met: a) No more than five (5) pre school -age children shall be cared for. b) No more than eight (8) school -age children shall be cared for. 2. Childcare provider must live in the residence full -time. 3. Outdoor activity area(s) shall be enclosed by a security fence at least four (4) feet in height and shall be located outside of the front building setback as established by this Ordinance. a) The fence or wall shall be made of any suitable and durable material that is intended for a fence. b) The fence or wall shall be designed so that a four inch (4 diameter sphere cannot pass through any opening. c) All gates and doors opening through such fence or wall shall have self closing and self latching devices which keeps the gate or door closed at all times; however, the door of any dwelling which furnishes part of the enclosure need not be so equipped. 1 Attachment 6 Harnett C 0 U N TY NORTH CAROLINA WHEREAS, the Board of Commissioners of Harnett County adopted the Harnett County Subdivision Regulations on April 7, 1977 for the purpose of promoting the health, safety, and general welfare of the county residents; and WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North Carolina, particularly G.S. 153A -330; and WHEREAS, the Subdivision Regulations contains provisions for amending said ordinance and those provisions have been followed; and WHEREAS, the Harnett County Planning Board has reviewed the amendment to the articles of the Subdivision Regulations as listed below and recommends the adoption of the following amendment. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that Article V "Design Standards", Section 5.3 "Water and Sewer" of the Subdivision Regulations shall be amended to read as indicated in "Attachment Duly adopted this 15 day of March, 2010 and effective upon adoption. cout- t\ o` ATTEST:' A RESOLUTION AMENDING THE HARNETT COUNTY SUBDIVISION REGULATIONS an A I C L& L Margaret Regina 4Jheeler, Clerk to the Board strong roots new growth HARNETT COUNTY BOARD OF COMMISSIONERS Timothy B. Neill, Chairman www.h arnett.org ATTACHMENT A DFi .E 1b; the following table from Article V Section 5.3 "Water and Sewer Sections "5.3.1 A" "5.3.2 A" as shown SECTION 5.3 WATER AND SEWER Installation and provision for water supply and sewage disposal shall be according to the standards of the Harnett County Department of Public Utilities Comprehensive Water and Sewer Plans and the Harnett County Health Department. SECTION 5.3.1 WATER SUPPLY SYS "1'EM: A. Connection Requirement: Any subdivision which is created after the adoption of this Section, and is located within that number of feet of an existing County owned or operated water supply and distribution system as is specified in Subsection B. below, whether the subdivision is located within or without the service area of an existing County owned or operated public water supply and distribution system, the developer or subdivider shall cause a water distribution system, meeting the standards herein specified, to be constructed and installed in such subdivision and shall further cause said water distribution system to be connected to the existing County owned or operated public water supply and distribution system which is located as specified in said Subsection B. This requirement also applies to new phases of existing subdivisions when these phases have not been previously approved by the appropriate Harnett County governing body. The developer or subdivider may establish and create a public water supply system or connect the subdivision to an existing public water supply system However, such created public water supply system or such water distribution system to be connected to an existing system shall be approved by and meet the requirements of all federal, state, and local governments, including but not limited to the North Carolina Department of Health and Human Resources and the North Carolina Utilities Commission. SECTION 5.3.2 SEW AGE DISPOSAL SYSTEM: A. Connection Requirement: Any subdivision which is created after the adoption of this Section, and is located within that number of feet of an existing County owned or operated sewage disposal system as is specified in Subsection B below, whether the subdivision is located within or without the service area of an existing County owned or operated public sewage disposal system, the developer or subdivider shall cause a sewage disposal system, meeting the standards herein specified, to be constructed and installed in such subdivision and shall further cause said sewage disposal system to be connected to the existing County owned or operated public sewage disposal system which is located as specified in said Subsection B. This requirement also applies to new phases of existing subdivisions where these phases have not been previously approved by the appropriate Harnett County governing board. The developer or subdivider may establish and create a public sewage disposal system or connect the subdivision to an existing public sewage disposal system. However, such created public sewage disposal system or such sewage disposal system to be connected to an existing system shall be approved by and meet the requirements of all federal, state and local governments, including but not limited to the Division of Health Services, Department of Human Resources of the State of North Carolina and the North Carolina Utilities Commission.