HomeMy WebLinkAboutMCO TA_CC resolution and clean attachHARNETT COUNTY
NORTH CAROLINA
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 Article IV: Zoning & Overlay Districts,
Section 13.0 Military Corridor Overlay District; Article XIV: Definitions & Certifications, Section 6.0 Military Corridor Overlay District, of the UDO shall be amended to read as indicated
in “Attachment”.
“Attachment” is filed with the Unified Development Ordinance in the Clerk to the Board’s Office.
Duly adopted this 18th day of October 2021 and effective upon adoption.
HARNETT COUNTY BOARD OF COMMISSIONERS
_______________________________
W. Brooks Matthews, Chairman
ATTEST:
____________________________________
Melissa D. Capps, Clerk
Article IV. Zoning & Overlay Districts
Section 13.0 Military Corridor Overlay District - MCO
Purpose
The main purpose of this district is to ensure the compatibility between air and exercise operations associated with local military installations occurring at varying hours and land
uses on properties nearby, in terms of potential interference with safe aircraft operations, potential threats from falling aircraft, potential impacts of noise, and potential adverse
impacts of other military operations and practices, such as small arms and artillery training and exercises, and prescribed or controlled burning of forested land.
Compatibility of land uses is encouraged within the five (5) mile area surrounding the local military installation to further the purpose of the installation, as well as to preserve
the quality of life of surrounding property owners. Compatibility of surrounding land uses may encourage wildlife preservation and reduce potential interference of light pollution.
Prescribed or controlled burning typically takes place on managed lands as a method of reducing the risk of catastrophic fires on those and adjacent lands. Potential adverse effects
of controlled burning includes risk to smoke-sensitive individuals as well as reduced visibility on public right(s)-of-way.
District Dimensions
The Military Corridor Overlay Zone shall be identified as including those properties located either fully or partially within five (5) miles of the jurisdictional boundary of a military
base.
Permitted & Special Uses
The permitted uses shall be the same as those in the underlying zoning districts. The Special Uses shall be the same as those in the underlying zoning districts. Reasonable regulations
within applicable aircraft noise zones, imaginary surfaces, and active airspace, are limited to the height of man-made structures, incompatible uses of land, and incompatible development
activities.
In addition to the standards set forth in this Section, all uses and structures must comply with all other applicable local, State, and Federal regulations, including Title 14, Part
77 CFR [Code of Federal Regulations]. Further, state level coordination is required for, but may not me limited to:
Certain modifications to the zoning map or of permitted uses of land, if proposed within 5 miles of Fort Bragg (N.C.G.S. § 160D-601(b));
Certain tall buildings and structures proposed within 5 miles of Fort Bragg (N.C.G.S. § 143-151.70 et seq.);
Proposed Wind Energy Facilities that require approval by the N.C. Department of Environmental Quality. (N.C.G.S. § 143-215.115, et seq);
To the extent there is a conflict between the terms of the RLUAC Coordination Agreement or this Ordinance and state law, state law shall prevail.
Required Review
To ensure compliance with GS 160D-601(b), notification to the military installation, by way of the Regional Land Use Advisory Council (RULAC) coordination agreement, 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, windmills, and Special Use Permits, located within the same distance. The military installation, via RULAC, 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.
Notification Procedures
All plats for site plans and both residential and nonresidential subdivisions located within the Military Corridor Overlay Zoning District, including those for minor subdivisions and
preliminary and final major subdivisions, shall include a statement indicating that such lots are located in the district. Further, the required statement shall indicate that homes
within the overlay district may, from time to time, be subject to potential adverse effects of operations on the military installation.
Article XIV. Definitions & Certifications
Section 6.0 Military Corridor Overlay District – MCO
The following terms have the following meanings for purposes of enforcing and interpreting Military Corridor Overlay Zone.
AIRCRAFT NOISE ZONES
Areas that may be affected by noise associated with current aircraft operations and training, as set forth in the ICUZ Study. Pope Army Airfield Aircraft Noise Zones are depicted on
the Official Zoning Map.
AIRPORT OBSTRUCTION OR INTERFERENCE
Any structure, object, or use of land the Fort Bragg commanding general determines impedes operations at Fort Bragg, in any manner described below.
A Potential Incompatible Development, or its anticipated impacts, protrude above the planes or surfaces as contained in Title 14, Part 77 CFR [Code of Federal Regulations] or above the
established floor elevation of the aviation training routes associated with Fort Bragg;
A Potential Incompatible Development, or its anticipated impacts, interfere with pilot vision, communication, radar, or otherwise interferes with the safe and effective operation of
military aircraft:
Structures are proposed within 10 feet of approach/departure or transitional surfaces or within 10 feet of the established floor elevation of the aviation training routes associated
with Fort Bragg;
The Potential Incompatible Development produces steam, dust, smoke, light emissions, glare, or other visual impairments; has explosive characteristics; or otherwise interferes with pilot
vision or the operation of military aircraft;
The Potential Incompatible Development produces electrical emissions that interfere with navigation equipment or radio communication between aircraft, Fort Bragg, or other air traffic
control facility; or