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HomeMy WebLinkAbout2016/05/18 Amending UDO Article VII Development Design Guidelines e 's Harnett rCOUNTY IIOP.i9 CAROLINA www.harnettorg A RESOLUTION AMENDING THE HARNETT COUNTY UNIFIED DEVELOPMENT ORDINANCE WHEREAS, the Board of Commissioners of Harnett County adopted the UDO on October 17, 2011 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 UDO 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 UDO 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 VII "Development Design Guidelines"; Section 2.0 "Street & Transportation Standards"; Article VII "Development Design Guidelines"; Section 14.0 "Installation & Maintenance of Required Improvements"; Article II "Nonconformities"; Section 6.0 "Nonconforming Manufactured Home Parks"; Section 8.0 "Continuation of Nonconforming Situations"; Article III "Development & Subdivision Review, Permitting; & Approval Requirements"; Section 2.0 "Permit Requirements"; Section 5.0 "Manufactured Home Park Site Plan Review Requirements"; Article V "Use Regulations"; Section 11.0 "Other Uses"; Article XIII "Enforcement & Penalties", Section 6.0 "Remedies", Section 7.0 "Compliance Period"; Article XIV "Definitions & Certifications", Section 2.0 "General Definitions & Acronyms", shall be amended to read as indicated in the "Attachments." "Attachments" are filed with the Unified Development Ordinance in the Clerk to the Board's Office. Duly adopted this 18th day of May, 2015 and effective upon adoption. HARNETT COUNTY BOARD OF COMMISSIONERS I ,.-Got,tA.�r`6;. Jim Burgin, airman n: N Marg t Regina eler, Clerk to the Boafd'i ^:.:.-- ,_; c strong roots • new growth Please Add/ Delete&Amend the following to... Article II "Nonconformities" Section 6.0 Nonconforming Manufactured Home Parks 6.1 Existing,Unlicensed Unpermitted Manufactured Home Parks The purpose of this Section is to provide for the licensing permitting of previously unlicensed unpermitted, nonconforming manufactured home parks, existing prior to September 15, 2003. 6.1.1 Eligibility B. Previously licensed permitted manufactured home parks that are now unlicensed unpermitted shall not be eligible for-licensing permitting under this Section. 6.1.2 Licensing Permitting Procedure C. lie Administrator shall cause to be issued a provisional business-lien-3e certificate of zoning compliance for said application following a passing manufactured home park inspection. 6.1.3 Initial Eieensing-Period Zoning Verification Requirements A. Manufactured home parks licensed permitted under the provisions included in this Section shall meet the requirements set forth in Subsection "Standards for New & Altered Manufactured Home Parks" of Section "Manufactured Home Park" of Article V "Use Regulations" and Subsection "Buffering & Landscaping" of Article VII "Development Design Guidelines" of this Ordinance. Parks-licensed permitted under said provisions shall be granted a previsional-license probationary certificate of zoning compliance, valid for a period of 12 months. B. At the conclusion of a 12 month period a manufactured home park inspection shall be performed. Passing manufactured home parks shall be issued a standard business license certificate of zoning compliance. Failure to meet said requirements shall result in the forfeiture of business-keen-se the certificate of zoning compliance. 6.2 Existing,Licensed Permitted Manufactured Home Parks The purpose of this Section is to regulate licensed permitted, nonconforming manufactured home parks. 6.2.1 Parks Existing Prior to September 15, 2003 Manufactured Home Parks existing prior to September 15, 2003 shall, within 12 months,be required to comply with Subsections "General Provisions" and "Maintenance of Park & Facilities" of Section "Manufactured Home Park" of Article V "Use Regulations", and Section `Manufactured Home Park Business license Certificate of Zoning Compliance" Section of Article III "Development & Subdivision Review, Permitting, &Approval Requirements" of this Ordinance. Section 8.0 Continuation of Nonconforming Situations For purposes of determining whether a right to continue a nonconforming situation is lost pursuant to this Article, all of the buildings, activities, and operations maintained on a lot are generally to be considered as a whole. For example, die failure to rent one (1) space in a nonconforming manufactured home park for 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 pastilege--lieense certificate of zoning compliance. But if a nonconforming use is maintained in conjunction with a conforming use, discontinuance of a nonconforming use for the required period shall terminate the right to maintain it thereafter. And so, if a manufactured home is used as a nonconforming use on a residential lot where a conforming residential structure also is located, removal of that manufactured home for 180 days terminates the right to replace it. Article III. "Development & Subdivision Review, Permitting, &Approval Requirements" Section 2.0 Permit Requirements 2.9 Manufactured Home Park Certificate of Zoning Compliance All manufactured home parks shall maintain a valid business license certificate of zoning compliance. The b mess l cense A certificate of zoning compliance issued to the owner of a manufactured home park applicant shall constitute the authority to operate the utilize the property as a manufactured home park in accordance with this Ordinance. The se certificate of zoning compliance shall expire after a two (2) year period or at the sale of the park to a new owner(s), whichever comes first, and shall be renewed to remain valid. The Planning Department shall withhold all permits to parks without a valid certificate of zoning compliance. Failure to obtain a certificate of zoning compliance within six (6) months of September 15, 2003 shall be subject to Article "Enforcement& Penalties" of this Ordinance. 2.9.1 Issuance of Certificate of Zoning Compliance Upon completion of construction of the manufactured home park or each phase, the developer shall then apply for a business-license certificate of zoning compliance. 2.9.2 AmendedCertificate of Zoning Compliance Any reduction in size, whether of the total number of lots or acreage, shall require the issuance of an amended business-license certificate of zoning compliance. Said amended business license shall be heme-park. The transfer of a manufactured home space or spaces either by sale or by any other means within the manufactured home park is prohibited. 2.9.3 Department of Public Health A. Biannual Inspection All manufactured home parks in Harnett County shall be inspected by the Harnett County Department of Public Health at least once every two (2) years. The business license certificate of zoning compliance of parks with sewage problems based on current 15A NCAC 18A.I900may be revoked upon request of the Hamett County Department of Public Health. Section 5.0 Manufactured Home Park Site Plan Review Requirements 5.3 Manufactured Home Site Plan Requirements Board of Development Park Existing, Adjustment Site Review Board Alteration Site i nlieeftsetl Plan Site Plan Plan Unpermitted Park Site Plan 5.5 Manufactured Home Park Alteration Site Plan 3. Approval of Reduction All lots to be removed from said park shall be vacated prior to issuance of an amended busitmaa license certificate of zoning compliance. Article V. "Use Regulations" Section 11.0 Other Uses 11.6 Manufactured Home Park 11.6.1 General Provisions C. Improvements 3. Fence or Wall Fences or walls shall not be permitted unless approved as part of the park plan. This excludes one (1) temporary pet containment areas per manufactured home space. Pet containment areas drat-de shall not exceed 120 square feet that-are and shall be made of any suitable and durable materials that—is intended for such use that are installed in a good workman-ship manner. E. Recreational Vehicles 2. Recreational Vehicles (RV's) k. Subsection "Existing, Licensed Permitted Manufactured Home Parks" of Section "Alteration & Expansion of Existing Parks" of Article II "Nonconformities" is not applicable. Article XIII. "Enforcement & Penalties" Section 6.0 Remedies D. Call for denial or withhold approval of any permit ewe provided for in this Ordinance that is sought for the property on which the violation exists until such time that the violation is remedied; or F. Revoke any required certificate of zoning compliance due to failure to comply with this Ordinance; and/or G. Withhold any permit or license certificate of compliance provided for in this Ordinance for a property, or property under development, that is in violation of this Ordinance, or any other State or Federal regulations. Section 7.0 Compliance Period Table 7.1 Compliance Period Table Nature of Violation Specified Compliance Period Junked / Abandoned Vehicles 5 Calendar Days Abandoned Manufactured Homes 60 Calendar Days Illegal Signs 0-5 Calendar Days Manufactured Home Park / Businesa License 30 Calendar Days Certificate of Zoning Compliance Landscaping& Plantings 180 Calendar Days Zoning, Subdivision, & Historic Preservation 30 Calendar Days Regs. All Other Regulations 30 Calendar Days Subsequent Violations 0 Calendar Days Article XIV. Definitions & Certifications Section 2.0 General Definitions &Acronyms 2.2 General Definitions Manufactured Home Park A manufactured home park is a parcel of land, adjoining parcels of land, or a group of lots within 500 feet of each other in single/same ownership designed to provide three (3) or more manufactured homes or spaces, or any combination of homes and spaces. One (1) lot, solely established for the primary residence of the park owner(s) may be established on a parcel adjacent to a licensed permitted manufactured home park. ADD the following to... Article VII "Development Design Guidelines" Section 14.0 Installation& Maintenance of Required Improvements A. It is the intent of this Ordinance that the original developer or any subsequent developer shall be responsible for the maintenance of all required improvements until such time as a unit of government, public utility,or other legal entity assumes responsibility for the maintenance of those improvements. B. It shall be the responsibility of the developer to complete the installation of sidewalks, street trees,curb and gutter systems, and any and all other required improvements. If the installation of these listed amenities is not complete by the time that the County has issued building permits for 75 percent (75%) of the lots shown on the record plat within a subdivision, the County shall not issue any more building permits until the improvements have been completed. The County shall have the ability to call the improvement guarantee due at this time to ensure installation of all required improvements. Development of a subdivision in phases shall be considered on a phase by phase basis. No building permit shall be issued for single lot development prior to installation of improvements. In the event that the developer of record has dissolved, tiled for bankruptcy, or executed any other action that would disbar the developer from continuing such a project. as determined by the Planning Department. the following shall apply: Subsequent individual(s) that own,or have an interest in lots that are not allowed to obtain permits,may be allowed to make the necessary improvements on a per street basis, if determined to be acceptable by NCDOT. Only streets that arc contiguous with existing NCDOT maintenance are eligible for this exception. C. D. E. F. G. Please Add/ Delete&Amend the following to... Article VII "Development Design Guidelines" Section 2.0 Street&Transportation Standards 2.10 Dead-End Streets & Cul-de-sacs 2.10.1 Dead-End Street Length & Width A. 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 lets than the distance from B. Cul-de-sacs shall have a minimum .40-35 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. 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.