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Home My WebLink About2020/11/16 RESOLUTION AMENDING THR HARNETT COUNTY UNIFIED DEVELOPMENT ORDINANCE PLAN#2010-0004Harnett C O U N T Y www.narnemorg 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 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 16' day of November 2020 and effective upon adoption. HARNETT COUNTY BOARD OF COMMISSIONERS ATTEST: Margaret egina Wh er, Clerk to the Board strong roots • new growth Article XIV. Definitions & Certifications 2.0 General Definitions & Acronyms 2.2 General Definitions Bw1dmQ Any structure used or intended for supporting or sheltering any use or occupancy. DweUing 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 living purposes. (See "Multifamily Residential Development" and "Single Family Dwelling's 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 D eeRing Unit A single unit providing complete, independent living facilities for one or more persons, including pemnanent provisions for living, sleeping, eating, cooking and sanitation. Article XIII. Enforcement & Penalties 5.0 Notifications 5.1 General The Administrator 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 ate 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 ma% 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 Permitting & Approval Requirements Subdivision Review Procedures 8.1 Purpose Article III Development & Subdivision Review, Section 10.0 10.2 Purpose Permitting & Approval Requirements Vested Rights 10.3 Approval Procedures & Authority 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 Use Regulations Other Uses 11.2.5 Permit (Level II) Article VI Section 8.0 8.1 Public Hearing 8.2 Contents of Development Agreement General Development Standards Development Agreements 8.4 Periodic Review Article X Natural Resources Section 3.1.1 Statutory Authorization vention Flood Damage Preven3.tion 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, Appeals & Variances Amendments Commissioners 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 &Site Plan (Site Specific Development Plan) Acronyms 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 2.7.3 Permit (Level III) Section 2.7 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 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 2.8.5 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 III Section 7.3 73.5 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 1.1 General Applicability Use Regulations Use Types & Regulations 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 Use Regulations Section 11.0 Other Uses 11.2.5 Permit (Level ll) 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 Administration & Boards County Board of 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 Section 6.0 Remedies Enforcement & Penalties 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 2010-0004 REQUESTED BY: Development Services/ Mark Locklear REQUEST: Harnett County Unified Development Ordinance; Articles III, IV, V, VI, XI, XII, XIII, XIV. To amend Harnett County's U.D.O. in order to comply with North Carolina General Statute 160D. This amendment replaces the previous statute reference of 153A to reflect the newly adopted 160D statute reference. Development Services staff recomends approval based compliance with the County's regulatory documents as well as the North Carolina General Statutes. Additional Information: On November 2°d, the Harnett County Planning Board voted unanimously (40) 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: U.c lluc AppData Local,Microsoft windous INetCwhe Content.Outlook\MSD4"8\PLAN2010-0004 TA CC agenda fo .do x Pagel of I - Harnett C o U N T r TEXT AMENDMENT REQUEST FORM (Internal) Development Services 108 E. Front Street P.O. Box 65, Lillington, NC 27546 Phone: (910) 893-7525 Fax: (910) 893.2793 Planning Board: November 2, 2020 County Commissioners: November 16, 2020 Applicant Information: Case Number PLAN2010-0004 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 III, IV, V, Unified Development VI, XI, XII, Ordinance: Ordinance Article: XIII, XIV Section: Current Text: See attached Proposed Text: (Attach additional sheets if necessary) See attached Reason for Requested Change: To amend Harnett County's U.D.O. in order to comply with North Carolina General Statute 160D. This amendment replaces the previous statute reference of 153A to reflect the newly adopted 160D statute reference. Suggested Statement -of -Consistency: (Staff concludes that.. ) The requested Text Amendment is compatible with Harnett County regulatory documents and in compliance with the North Carolina 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 160D. This amendment replaces the previous statute reference of 153A to reflect the newly adopted 160D statute reference. Article Section Sub -Section Article I Section 4.0 General Provisions Authority Article III Development & Subdivision Review, Section 2.D 2.3 Certificate of Occupancy (CO) & Building Permitting & Approval Requirements Permit Requirements Permits Article III Development & Subdivision Review, Section 8.0 Permitting & Approval Requirements Subdivision Review Procedures 8.1 Purpose Article III Development &Subdivision Review, Section 10.0 10.2 Purpose Permitting & Approval Requirements Vested Rights 10.3 Approval Pr Pr ocedures &Authority Duration Article IV Section 13.0 Zoning & Overlay Districts Military Corridor Overlay 13.4 Required Review District - MCO Article V Section 11.0 _ Use Regulations Other Uses 11.2.5 Permit (Level II) Article VI Section 8.0 8.1 Public Hearing General Development Standards Development Agreements 8.2 Contents of Development Agreement _ 8.4 Periodic Review Article X Natural Resources Section 3.0 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 S.1 Establishment & Procedure of the Board Administration & Boards Board of Adjustment of Adjustment Article XII Amendments, Hearing Procedures, Section 2.0 2.1.4 Action by the Board of County Appeals & Variances Amendments Commissioners Article XIII Section 2.0 Enforcement & Penalties Authority Article XIV Section 1.0 Definitions & Certifications General Guidelines 1.2 Meaning of Common Words Article XIV Section 2.0 2.2 General Definitions General Definitions & Definitions & Certifications Site Plan (Site Specific Development Plan) Acronyms Article XIV Section 5.0 5.2 Natural Resources Definitions Definitions &Certifications Natural Resources Definitions Development, Existing Water Supply Watershed