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Home My WebLink About2020/11/16 RESOLUTION AMENDING THE HARNETT COUNTY UNIFIED DEVELOPMENT ORDINANCE 2010-0005Harnett COUNTY NORTH CAROLINA w .harnettorg ' 1 1 I 1 IC: t►I ti 1 1RI 1011411 1 1 1 `1 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 article 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 Harnett County Unified Development Ordinance shall be amended, per the new requirements of Chapter 160D of the North Carolina General Statutes which consolidates current city - and county -enabling statutes for development regulations, to read as indicated in the following "Attachments". "Attachment" is filed with the Unified Development Ordinance in the Clerk to the Board's Office. Duly adopted this 161 day of November 2020 and effective upon adoption. HARNETT COUNTY BOARD OF COMMISSIONERS F '�� Fg . ina WI�)e er, Clerk to the Board strong roots • new growth Article XIV. Definitions & Certifications 2.0 General Definitions & Acronyms 2.2 General Definitions Burdtnsr ;1m structure used or intended for supporting or sheltering any use or occupancy. Dwellinfr A building that contains one or two family dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for liv4 purposes. (See "Multifamily Residential Development" and "Single Family Dwelling') Dwelling Unit A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. 5.0 Natural Resources Definitions & Acronyms 5.2 Natural Resources Definitions Dwelling Unit A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Article XIII. Enforcement & Penalties 5.0 Notifications 5.1 General The Administr2tor shall notify the owner(s) of property and/or permittee(s) found to be in violation of this Ordinance in writing by personal delivery, electronic delivery, or first class mail. Notifications may be provided by similar means to the occupant(s) of the property or person(s) undertaking an activity found to be in violation. The notice of violation shall give a description of the violation and its location, the measures necessary to correct it, the possibility of civil penalties and judicial enforcement action, and notice of the right to appeal. The notice shall also state the time period allowed, if any, to correct the violation. Time period for compliance may vary depending on the nature of the violation 5.3 Posted Notice of Violations The Administrator may give notice by way of posting notice of the violation conspicuously on the property. The official providing the notice of violation shall certify to the local government that the notice was provided and the certificate shall be deemed conclusive in the absence of fraud. The posting of the notice of violation is are considered County- property and removal of the posting shall be considered a criminal offense. Once the posting has been made, whether or not the posting has been removed, it shall be treated as official notice of the violation. 6.0 Remedies In order to ensure compliance with the provisions stated in this Ordinance, the Administrator may utilize the following remedies to prevent, correct, or abate a violation. In a situation where a development approval is called to be revoked, the Administrator shall follow that same process as utilized for approval. Article Section Sub -Section Article I Section 4.0 General Provisions Authority Article III Development & Subdivision Review, Section 2.0 2.3 Certificate of Occupancy (CO) & Building Permitting & Approval Requirements Permit Requirements Permits Article III Development & Subdivision Review, Section 8.0 8.1 Purpose Permitting & Approval Requirements Subdivision Review Procedures Article III 10.2 Purpose Development & Subdivision Review, Section 10.0 10.3 Approval Procedures &Authority Permitting & Approval Requirements Vested Rights 10.4 Duration Article IV Section 13.0 Military Corridor Overlay 13.4 Required Review Zoning & Overlay Districts District - MCO Article V Section 11.0 11.2.5 Permit (Level II) Use Regulations Other Uses 8.1 Public Hearing Article VI I Section 8.0 8.2 Contents of Development Agreement General Development Standards Development Agreements 8.4 Periodic Review Article X Section 3.0 Natural Resources 3.1.1 Statutory Authorization Flood Damage Prevention Article XI Section 3.0 3.1 Establishment & Procedure of Planning Administration & Boards Planning Board Board Article XI Section 5.0 5.1 Establishment & Procedure of the Board Administration & Boards Board of Adjustment of Adjustment Article XII Section 2.0 2.1.4 Action by the Board of County Amendments, Hearing Procedures, Amendments Commissioners Appeals & Variances Article XIII Section 2.0 Enforcement & Penalties Authority Article XIV Section 1.0 1.2 Meaning of Common Words Definitions & Certifications General Guidelines Article XIV Section 2.0 2.2 General Definitions Definitions &Certifications General Definitions &Acronyms Site Plan (Site Specific Development Plan) Section 5.0 5.2 Natural Resources Definitions Article XIV Natural Resources Definitions Development, Existing Water Supply Definitions & Certifications & Acronyms Watershed Article Section Sub -Section Article III Section 2.7 2.7.3 Permit (Level III) Development & Subdivision Review, Communications Tower Permit Permitting & Approval Requirements 2.7.4 Permit (Level IV) 2.8.1 Initiation of Conditional Use Permit Article III 2.8.2 Application for Conditional Use Permit Development & Subdivision Review, Section 2.8 2.8.3 Compliance with Other Codes Permitting & Approval Requirements Conditional Use Permit 2.8.4 Revocation 2.8.5 Expiration (strike 1 year add 2 years) Article III Section 5.4 New Manufactured 5.4.1 Board of Adjustment Submittal Development & Subdivision Review, Home Park Site Plan Requirements Permitting & Approval Requirements Article III Section 7.2 Development & Subdivision Review, Planned Unit Development 7.2.1 Submittal Procedure Permitting & Approval Requirements Article 111 Section 7.3 7.3.5 Actions after Decision of Planning Development & Subdivision Review, Office & Institutional Permitting & Approval Requirements Development Plan Board Article IV Section 2.0 Zoning Map 2.1 Interpretation of District Boundaries Zoning & Overlay Districts Article IV Section 12.0 Highway Corridor 12.2 Permitted &Conditional Uses Zoning & Overlay Districts Overlay District - HCO Article IV Section 13.0 Military Corridor 13.3 Permitted &Conditional Uses 'oning & Overlay Districts Overlay District - MCO Article V Section 1.0 Use Regulations Use Types & Regulations 1.1 General Applicability Article V Section 1.0 1.2 Table of Use Types &Regulations Use Regulations Use Types & Regulations 3.2.1 Multifamily Residential Development: Article V Section 3.2 General Regulations Use Regulations Multifamily Residential 3.2.2 Multifamily Residential Development: Specific Regulations Article V Section 7.0 7.1.2 Zoo & Petting Zoo Use Regulations Commercial Uses Article V Section 7.5 Recreational 7.5.2 Athletic Fields, Private Use Regulations Facilities & Uses 7.5.6 Firing Range (Indoor & Outdoor) Article V Section 9.0 Utility Uses 9.1 Privately Owned Public Utility Structures Use Regulations Article V 11.1 Airports & Related Uses Section 11.0 Other Uses 11.2.5 Permit (Level II) Use Regulations 11.3 Firearm Certification Facilities 11.4 Gunsmithing Article V Section 11.0 Other Uses 11.7 Mining Activities Use Regulations 11.8.2 Development Criteria 11.8.5 Review & Approval Procedures Article VI Section 2.0 2.1 Principle Buildings Per Lot General Development Standards Principle Building Per Lot Article VII Section 7.0 Lighting Standards 7.1.1 Applicability Development Design Guidelines Article XI Section 2.0 County Board of Administration & Boards Commissioners Article XI Section 5.0 5.1 Establishment & Procedure of the Board Administration & Boards Board of Adjustment I of Adjustment 5.3 Powers & Duties 3.1 Evidentiary Hearing (Quasi-judicial) Procedures (Conditional Use Permit) Article XII 3.1.3 Action by the Board of Adjustment Amendments, Hearing Procedures, Section 3.0 3.1.4 Conditions of Approval Appeals & Variances Hearing & Meeting Procedures 3.1.5 Abandonment of a Conditional Use Permit 3.1.6 Revocation of a Conditional Use Permit Article XIII Enforcement & Penalties Section 3.0 Violations 3.1 General Article XIII Enforcement & Penalties Section 6.0 Remedies Article XIV Section 2.0 General Definitions 2.2 General Definitions (Site Plan (Site Definitions & Certifications & Acronyms Specific Development Plan) Board Meeting Agenda Item MEETING DATE: November 16, 2020 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Proposed Rezoning: Case # PLAN 2010-0005 REQUESTED BY: Development Services/ Marls Locklear REQUEST: Harnett County Unified Development Ordinance; Harnett County Unified Development Ordinance: Articles 111. 1V. V. VI. XI. X11. XIII. XIV. To amend Harnett County's U.D.O. in order to comply with North Carolina General Statute 160D. This amendment replaces the term Conditional Use Permit with the term of Special Use Permit. Development Services staff recomends approval based compliance with the County regulatory documents as well as the North Carolina General Statutes. Additional Information: On November 2"d, the Harnett County Planning Board voted unanimously (4-0) to recommend approval of application based on compatibility with the NC General Statutes. No one spoke in opposition. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:'Users,lluc AppData,Ltxal,Mimro fk,WindowsdNetCacheContent.Outl«ik,MSD4JYMgTLAN2010-0005 TA CC agenda form.docx Page I of I C 0 u Nets TEXT AMENDMENT REQUEST FORM NORTH (ARO:INX (Internal) Development Services 108 E. Front Street P.O. Box 65, Llllington, NC 27546 Phone: (910) 893-7525 Fax: (910) 893-2793 Planning Board: November 2, 2020 County Commissioners: November 16, 2020 Applicant Information: Case Number PLAN2010-0005 Applicant: Name: Harnett County Development Services Address: 108 E Front St City/State/Zip: Lillington NC, 27546 E-mail: Phone: 910-893-7525 Type of Change ® New Addition ®Revision Unified Development Ordinance: Ordinance Current Text: See attached III, IV, V, VI, XI, XII, Article: XIII, XIV Section: Proposed Text: (Attach additional sheets if necessary) See attached Reason for Requested Change: To amend Harnett County's U.D.O. m order to comply with North Carolina General Statute 160D. This amendment replaces the term Conditional Use Permit with the term of Special Use Permit. These mandated terminology changes are found in the following locations within the UDO. Suggested Statement -of -Consistency: (Staff concludes that..) The requested Text Amendment is compatible with Harnett County regulatory documents and in compliance with the NC General Statutes. Therefore, it is recommended that this Text Amendment request be APPROVED. Additional Information On November 2"d, the Harnett County Planning Board voted unanimously (4-0) to recommend approval of this application based on compliance with the NC General Statutes. • No one spoke in opposition. Page 1 of 1 Proposed Text Amendments To amend Harnett County's U.D.O. in order to comply with North Carolina General Statute 1600. This amendment replaces the term Conditional Use Permit with the term of Special Use Permit. These mandated terminology changes are found in the following locations within the UDO. Article Section Sub -Sedan Article III Section 2 7 2.7.3 Permit (Level 111) Development & Subdivision Review, Permitting & Approval Requirements Communications Tower Permit 2.7.4 permit (Level IV) 2.8.1 Initiation of Conditional Use Permit Article III Section 2.8 2.8.2 Application for Conditional Use Permit Development &Subdivision Review, Conditional Use Permit 2.8.3 Compliance with Other Codes Permitting & Approval Requirements 2.8.4 Revocation 2.8.S Expiration (strike 1 year add 2 years) Article III Development & Subdivision Review, Section 5.4 New Manufactured 5.4.1 Board of Adjustment Submittal Permitting& Approval Requirements Home Dark Site Plan Requirements Article III Development & Subdivision Review, Section 7.2 7.2.1 Submittal Procedure Permitting &Approval Requirements Planned Unit Development Section 7.3 _ — Article III Development & Subdivision Review, Office & Institutional 7.3.5 Actions after Decision of Planning Permitting & Approval Requirements Development Plan Board Article IV Zoning & Overla Districts Section 2.0 Zoning Map 2.1 Interpretation of District Boundaries Article IV Section 12.0 Highway Corridor Zoning & Overlay Districts Overlay District - HCO 12 2 Permitted & Conditional Uses Article IV Section 13.0 Military Corridor Zoning & Overlay Districts Overlay District - MCO 13.3 Permitted & Conditional Uses Article V Section 1.0 Use Regulations Use Types & Regulations 1.1 General Applicability Article V Section 1.0 Use Regulations Use Types & Regulations 1.2 Table of Use Types & Regulations 3.2.1 Multifamily Residential Development: Article V Section 3.2 General Regulations Use Regulations Multifamily Residential 3.2.2 Multifamily Residential Development: Specific Regulations Article V Section 7.0 Use Regulations Commercial Uses 7.1.2 Zoo &Petting Zoo Article V Section 7.5 Recreational 7.5.2 Athletic Fields, Private Use Regulations Facilities & Uses 7.S.6 Firing Range (Indoor & Outdoor) Article V Use Regulations Section 9.0 Utility Uses 9.1 Privately Owned Public Utility Structures Article V lection 11.0 Other Uses 11.1 Airports & Related Uses Use Regulations 11.2.5 Permit (Level 11) 11.3 Firearm Certification Facilities 11.4 Gunsmithing Article V Section 11.0 Other Uses 11.7 Mining Activities Use Regulations 11.8.2 Development Criteria _ 11.8.5 Review & Approval Procedures Article VI Section 2.0 General Development Standards Principle Building Per Lot 2.1 Principle Buildings Per Lot Article VII Development Design Guidelines Section 7.0 Lighting Standards 7.1.1 Applicability Article XI Section 2.0 Administration & Boards County Board of Commissioners Article XI Section 5.0 5.1 Establishment & Procedure of the Board Administration & Boards Board of Adjustment of Adjustment5.3 Powers & Duties 3.1 Evidentiary Hearing (Quasi-judicial) Procedures (Conditional Use Permit) Article XII Section 3.0 3.1.3 Action by the Board of Adjustment Amendments, Hearing Procedures, 3.1.4 Conditions of Approval Appeals & Variances Hearing &Meeting Procedures 3.1.5 Abandonment of a Conditional Use Permit 3.1.6 Revocation of a Conditional Use Permit Article XIII — - _ - Enforcement & Penalties Section 3.0 Violations 3.1 General Article XIII Enforcement & Penalties Section 6.0 Remedies Article XIV Section 2.0 General Definitions 2.2 General Definitions (Site Plan (Site Definitions & Certifications & Acronyms Specific Development Plan)