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HomeMy WebLinkAbout2013_Legislature updates_clean ADD/ AMEND the following to…. Article II. Nonconformities Section 5.0 Nonconforming Signs All nonconforming signs existing on the effective date of adoption of zoning at the location of said sign may remain in place subject to the following requirements: Continuation of Nonconforming Signs All existing nonconforming signs shall adhere to the following regulations (excluding Outdoor Advertising/ Billboard signs): 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 (for example, billboards). However, this Ordinance shall not prohibit the normal maintenance of signs to keep them properly maintained. 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. The addition of lighting or illumination to existing nonconforming signs is specifically prohibited as reasonable maintenance; however such lighting may be permanently removed from such sign structure. No nonconforming sign shall be allowed to remain after the activity, business, or use to which it was related has been discontinued. Maintenance & Repair of Nonconforming signs Nonconforming 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 Items c & e below): Change of message or copy on the sign face; Replacement of border and trim, stringer, or panel, with like material; Repair and replacement of a pole(s), with like material; Alterations of the dimensions of painted bulletins incidental to copy change; and; 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. A nonconforming sign may continue as long as it is not abandoned destroyed, discontinued, or significantly damaged as defined by this Ordinance. When the combined damage to the face and support poles appears to be significantly damaged the sign owner shall request the Harnett County Planning Department to review the damaged sign, including salvageable sign components, prior to the repairs being made. Should the sign owner perform repairs without notification to the Planning Department, the permit may be revoked or the sign shall be removed. To determine the percent of damage to the sign structure, the only components to be used to calculate this value are the sign face and support pole(s). The percent damage shall be calculated by dividing the unsalvageable sign components by the original sign structure component quantities, using the following criteria: Signs on Wooden Poles The percentage of damage attributable to poles shall be 50 percent (50%) and the percentage of damage attributable to sign face shall be 50 percent (50%). Signs on Steel Poles, Beams, or Monopoles The percentage of damage attributable to poles shall be 80 percent (80%) and the percentage of damage attributable to sign face shall be 20 percent (20%). Nonconforming Outdoor Advertising/ Billboard signs As per G.S. 136-133.2, existing nonconforming outdoor advertising signs shall be allowed to be repaired or reconstructed so long as the square footage of its advertising surface area is not increased. This also includes the changing of an existing multipole outdoor advertising structure to a new monopole structure. All nonconforming outdoor advertising signs that are required to be permitted by the North Carolina Department of Transportation, shall maintain all required permits in good standing for the life of the nonconformity. If at any point the NCDOT revokes these permits, the nonconforming sign shall come into compliance with current regulations or be removed. Article IV. Zoning & Overlay Districts Section 13.0 Military Corridor Overlay District – MCO Required Review To ensure compliance with GS 153A-323, notification to the military installation shall be made on any adoptions or modifications to this Ordinance that may change or affect the permitted uses of land located within five (5) miles of a military installation. In addition, notification shall be made to the military installation on any development projects, including but not limited to subdivisions, site plans, telecommunications towers, and windmills located within the same distance. The military installation shall be afforded the opportunity to provide comment or analysis on such adoptions, modifications, or developments regarding compatibility. Any comments provided prior to the public hearing or other applicable final review shall be considered by the Board of Commissioners or approving body in rendering a final determination. Article V. Use Regulations Section 11.0 Other Uses 11.2.5 Permit (Level II) Co-location, Combination, Attachment, Antenna Element Replacement, Replacement Towers, & Concealed Towers B. Co-location & Combination Applications entitled to the streamlined processes described in Section 153A-349.53, North Carolina General Statutes, shall meet all the following requirements: The additional antenna array, transmission lines, and related ancillary equipment including the base station do not exceed the number of same items previously approved for such tower when originally approved, and the collocated facility is in complete conformance with the original conditions imposed on the tower upon which it is being attached. The proposed co-location shall not increase the existing vertical height of the tower by the greater of (i) more than ten percent (10%) or (ii) the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet. The co-location shall not increase the ground space area approved in the communications tower site plan for equipment enclosures and ancillary facilities by more than 2,500 square feet. The existing tower on which the co-location will attach shall comply with applicable regulations, restrictions, and/or conditions, if any, applied to the initial wireless facilities placed on the tower. The proposed additional co-location and tower shall comply with all federal, state, and local safety requirements. The proposed co-location and ancillary equipment shall not exceed the applicable weight limits for the tower. Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, the proposed co-location shall not add an appurtenance to the body of a tower or wireless support structure that protrudes horizontally from the edge of the wireless support structure the greater of (i) more than 20 feet or (ii) more than the width of the wireless support structure at the level of the appurtenance. 11.3 Firearm Certification Facilities All firearms certification facilities not operating or located on an approved firing range are required to obtain conditional use approval from the Harnett County Board of Adjustment. All certification facilities that contain a firing range shall adhere to the following standards: A. The firearm certification facility’s firing range shall only be utilized for the purpose of displaying the practical skills necessary to obtain certification in this area of instruction. The display of practical skills involving firearms must be conducted in the presence of a certified firearms instructor. B. The firing range shall only be occupied by a maximum number of two students and one certified firearms instructor during the qualifying session of the certification process. C. The firing range utilized for qualification purposes shall be constructed to be in compliance with the following requirements: 1. The range backstop shall be constructed in a manner to contain projectiles without risk of ricochet or escape. 2. The range backstop or berm shall be constructed to a minimum height of ten (10) feet. D. The firing range shall be located to the rear of any structure approved for occupancy that is located on the same parcel of property. E. The length of the range measured from the firing line to the backstop shall be no greater than thirty (30) feet. F. The range shall be designed to establish the direction of fire to be parallel or perpendicular to and away from all public right(s)-of-way. G. Facilities and structures shall adhere to all Federal, State and Local regulations and code requirements. H. The firing range shall be limited to the discharge of handguns only. Article VII. Development Design Guidelines Section 2.0 Street & Transportation Standards 2.10 Dead-End Streets & Cul-de-Sacs Dead-End Street Length & Width A permanent dead-end street shall not exceed 2,500 feet in length – measured from the centerline of its beginning point on a through street to the centerline of its end in the center of the turnaround of the cul-de-sac or the centerline at the end of a temporary turnaround. Stub out streets or intersecting cul-de-sacs shall not be points of measurement for dead-end streets. The distance from the edge of pavement on the vehicular turnaround to the right-of-way line shall not be less than the distance from the edge of pavement to right-of-way line on the street approaching the turnaround. Cul-de-sacs shall have a minimum 50 foot pavement radius and should not be used to avoid connection with an existing street or to avoid the extension of an important street, unless exception is granted by the DRB. Section 10.0 Sign Requirements Sign Measurement Standards 10.1.1 Dimensions For the purpose of this Ordinance, the square feet area of the sign 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. 10.1.2 Height The height of a sign shall be measured from the highest point of a sign to the point of ground surface beneath it. Ornamentation such as columns, caps, spires, and finials shall not extend more than two (2) feet from the top of the sign. The use of berms or raised landscape areas is only permitted to raise the base of the sign to the mean elevation of the fronting street and shall not be used as a means to avoid compliance with regulations. 10.2 General Setback Requirements No sign may be located in, or overhang into, any public right-of-way except as permitted and erected by the North Carolina Department of Transportation. Signs that are located within public right(s)-of-way shall be constructed to meet NCDOT standards. Signs shall be set back at least 10 feet from any public right(s)-of-way line or property line. In cases where signs are placed at intersections, the minimum setback shall be 20 feet as measured from each right-of-way line or property line in both directions, except those erected for orderly traffic control and other municipal and governmental purposes. 10.4 Maintenance of Conforming Signs Whenever a sign becomes structurally unsafe or endangers the safety of a building or the public, the Administrator shall order that such a sign be made safe or removed. A period of 10 days following receipt of said order by the person, firm, or corporation owning or using the sign shall be allowed for compliance. 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. As per G.S. 136-133.2, conforming outdoor advertising signs shall be allowed to be repaired or reconstructed so long as the square footage of its advertising surface area is not increased. This also includes the changing of an existing multipole outdoor advertising structure to a new monopole structure. Conforming sign structures may be reconstructed so long as the reconstruction does not conflict with any applicable local, State, or Federal rules, regulations, or ordinances. Developments with existing conforming sign shall be allowed to make repairs without receiving permits, unless other local, State, or Federal rules apply. Conforming 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): Change of advertising message or copy on the sign face. Replacement of border and trim, stringer, or panel, with like material. Repair and replacement of a pole(s), with like material or materials allowed by these regulations. Alterations of the dimensions of painted bulletins incidental to copy change. 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. No sign shall be allowed to remain after the activity, business, or use to which it was related has been discontinued. If at any time an outdoor advertising sign falls into a state of dilapidation, disrepair, or becomes abandoned or discontinued, as defined by this Ordinance, the permits for this sign shall be revoked. 10.8 Signs that Do Not Require a Permit 10.8. 12 Off-Site Directional Sign Setbacks for Religious Facilities Directional signs of less than six (6) square feet and referring only to religious facilities shall be located at least 10 feet from any public right(s)-of-way 10.10 Outdoor Advertising Signs 10.10.9 Dilapidated and Abandoned Signs If at any time an outdoor advertising sign falls into a state of dilapidation, disrepair, or becomes abandoned or discontinued, as defined by the latest edition of Regulations for the Control of Outdoor Advertising in North Carolina by the North Carolina Department of Transportation, and thus not a NCDOT permitted sign, the permits for such sign shall be revoked. Article XI. Administration & Boards Section 5.0 Board of Adjustment Establishment & Procedure of the Board of Adjustment (NCGS 153A-345) 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. 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 decision of the Board 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. A concurring vote from the simple majority of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Administrator or to grant a Conditional Use permit. A concurring vote of four-fifths (4/5) majority of the Board shall be necessary to grant a variance from the provision of this Ordinance. Article XII. Amendments, Hearing Procedures, Appeals & Variances Section 5.0 Variances A grant of relief from the requirements of this Ordinance may be requested, following the provisions of this Section, where unusual circumstances specific to the property exist, and where literal enforcement would result in unnecessary and undue hardship; provided however that the need for the variance was not caused by the applicant or property owner. This Section does not provide for use variances or enlargement of existing nonconformities beyond what this Ordinance provides for. Notice of variance requests shall follow “Evidentiary Hearing Notification Procedures” of this Article. Zoning Variance Procedures Zoning regulation 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. Additionally, 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. Individual variances may be made subject to conditions, as imposed by the Board of Adjustment. No change in permitted uses may be authorized by variance. Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance. Any other ordinance that regulates land use or development may provide for variances consistent with the provisions of this subsection. As per S.L. 2013-126, when unnecessary hardships would result from carrying out the strict letter of this ordinance, the Board of Adjustment shall vary any of the provisions of the ordinance upon a showing of all of the following: Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property. The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship. The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured, and substantial justice is achieved Article XIV. Definitions & Certifications Section 2.2 General Definitions Agriculture The terms “agriculture”, “agricultural”, and “farming” refer to all of the following: The cultivation of soil for production and harvesting of crops, including but not limited to fruits, vegetables, sod, flowers and ornamental plants; The planting and production of trees and timber; Dairying and the raising, management, care, and training of livestock, including horses, bees, poultry, and other animals for individual and public use, consumption, and marketing; Aquaculture as defined in GS 106758; The operation, management, conservation, improvement, and maintenance of a farm and the structures and buildings on the farm, including building and structure repair, replacement, expansion, and construction incident to the farming operation; and/or When performed on the farm, “agriculture”, “agricultural”, and “farming” also include the marketing and selling of agricultural products, agritourism, the storage and use of materials for agricultural purposes, packing, treating, processing, sorting, storage, and other activities performed to add value to crops, livestock, and agricultural items produced on the farm, and similar activities incident to the operation of a farm; and/ or A public or private grain/crop warehouse or warehouse operation where grain or crops are held 10 days or longer and includes, but is not limited to, all buildings, elevators, equipment, and warehouses consisting of one or more warehouse sections and considered a single delivery point with the capability to receive, load out, weigh, dry, and store grain or crops. Bar/Tavern An establishment in which alcoholic beverages are served as a primary source of income, alcoholic beverages are sold primarily by the drink, and where food or packaged liquors may also be served or sold.as deemed under the Alcoholic Beverage Control law in G.S. 18B-1000. Bed & Breakfast Residence A business in a private home of not more than eight (8) guest rooms that offers bed and breakfast accommodations for a period of less than one week and that meets all of the following criteria: a. does not serve food or drink to the general public for pay; b. serves the breakfast meal, the lunch meal, the dinner meal, or a combination of all or some of these three meals, only to overnight guests of the home; c. includes the price of any meals served in the room rate; and d. is the permanent residence of the owner or the manager of the business. Sign, Significantly Damaged A sign which has been damaged or partially destroyed due to factors other than vandalism or other criminal or tortious acts to such extent that the damage to the sign is greater than fifty percent.