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HomeMy WebLinkAbout160D_TA_CC app and Info Page 1 of 4 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: June 7, 2021 County Commissioners: June 21, 2021 Applicant Information: Case Number PLAN2105-0003 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 Ordinance: Unified Development Ordinance Article: III; VII; XIV Section: 2.0 & 4.0; 2.2; 2.0 & 4.0 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 brings consistency to definitions as referenced in the newly adopted language of 160D. Summary:  All development permits and approvals as valid for 12 months  Historic Preservation district provisions shall be referred to as “standards” rather than “guidelines.”  Historic Preservation Certificate of Appropriateness reviews shall follow quasi-judicial process.  Historic Preservation Certificate of Appropriateness appeals shall be filed 30 days after decision.  Must not excluded a manufactured home based on age. Suggested Statement-of-Consistency: (Staff concludes that…) The requested Text Amendments are compatible with Harnett County regulatory documents as well as the North Carolina General Statutes. Therefore, it is recommended that this Text Amendment request be APPROVED. Additional Information On June 7th, 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 2 of 4 ATTACHMENT 1 Red text is proposed, Black text is existing ARTICLE III. DEVELOPMENT & SUBDIVISIONS REVIEW, PERMITTING, & APPROVAL REQUIREMENTS Section 2.0 Permit Requirements 2.1.4 Expiration of Land Use & Zoning Permits If the work described in any land use and zoning permit has not begun within 180 365 days from the date of issuance thereof, said permit shall expire. If after commencement, the work is discontinued for any period of 180 365 days, the permit shall immediately expire and further work as described in the expired permit shall not proceed unless and until a new land use and zoning permit has been obtained. 2.4 Sign Permit 2.4.1 Filing Procedure C. Expiration of an Approved Sign Site Plan 1. Any sign permit that has received final approval shall be valid for a period of 180 365 days from the date the plan received approval from the Administrator. During this time the sign shall be constructed as approved. Once this period has passed the site plan shall be considered null and void. In the situation where the sign is considered to be conforming the permit may be renewed after the Planning Department has determined that the sight is still a conforming site. Each application for renewal shall constitute a new review of the application and all pertinent fees shall apply. 2.11 Permit Expiration Unless otherwise specified herein, all permits shall be valid for a period of 180 365 days. This statement shall not apply to building permits. Section 4.0 Site Plan Review Requirements 4.1.2 Site Plan Expiration Any site plan that has received approval shall be valid for a period of 180 365 days from the date the plan received approval from the Administrator or Development Review Board. Any conditional approval or hold decision for a site plan made by the DRB or Administrator shall be valid for a period of 90 days from the date on which the decision was made. It shall be the applicant’s responsibility to obtain full approval during said period. Once this period has passed the site plan shall be considered null and void unless vested rights have been established in accordance with this Ordinance. In these instances, a new review shall be obtained. Page 3 of 4 Article VII. HISTORIC PRESERVATION Section 2.0 Historic Landmarks 2.3 Required Procedure for Designation 2.3.1 Review Guidelines Standards Prior to the designation of any historic landmark or district, the HPC shall prepare and adopt guidelines standards, not inconsistent with the North Carolina General Statutes for altering, restoring, moving, or demolishing of property designated as historic. It is the intention of these guidelines standards to ensure, insofar as possible, that changes in designated landmarks or properties located within designated districts shall be in harmony with the reasons for designation. Section 4.0 Certificate of Appropriateness 4.2 Review Guidelines Standards The HPC shall review the established guidelines prepared during the designation resolution process for the subject property. It is the intention of these guidelines to ensure, insofar as possible, that changes in designated landmarks or properties located within designated districts shall be in harmony with the reasons for designation. 4.8 Required Procedures 4.8.6 HPC Action on Application When considering the application, the HPC shall apply the review guidelines required by Section “Conflicts with Other Laws or Regulations” of Article I “ General Provisions”, and shall, before final action on the application, make findings of fact indicating the extent to which the application is or is not in compliance with the review criteria. The HPC's quasi-judicial action on the application shall be approval, approval with modifications, deferral, or disapproval. 4.8.9 Appeals of the Historic Properties Commission's Decision An appeal may be made to the Harnett County Board of Adjustment regarding the HPC's action in approving or denying any application for a Certificate of Appropriateness. Written notice of intent to appeal shall be sent to the HPC, postmarked within 20days following the HPC's decision, unless oral notice of appeal is made to the HPC during the meeting at which the decision is rendered. Appeals shall be filed with the Harnett County Board of Adjustment within 60 30 days following the Commission's decision. Appeals shall be in the nature of certiorari. The Board of Adjustment's decision in any such case may be appealed to the Superior Court of Harnett County. Page 4 of 4 Article XIV. Definitions & Certifications 2.0 General Definitions & Acronyms 2.2 General Definitions Manufactured Home A home that: A. Consists of a single unit completely assembled at the factory or of two (double-wide) or three (triple-wide) principal components totally assembled at the factory and joined together at the site; B. Is designed so that the total structure (or in the case of double-wide or triple-wide, each component thereof) can be transported on its own chassis; C. Is over 32 feet long and over 8 feet wide; D. Is designed to be used as a dwelling and provides complete, independent living facilities for one (1) family, including permanent provisions for living, sleeping, eating, cooking, and sanitation; E. Is actually being used, or is held ready to use, as a dwelling; and F. Constructed after July 15, 1976, that mMeets or exceeds the construction standards adopted by the U.S. Department of Housing and Urban Development that were in effect at the time of construction.