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Home My WebLink AboutBOA MEETING PACKET AUGUST 2022 Planning Department www.harnett.org PO Box 65 108 E. Front St. Lillington, NC 27546 Ph: 910-893-7525 Fax: 910-814-8278 . MEMORANDUM TO: Harnett County Board of Adjustment Members FROM: Teresa Byrd, Senior Dept. Support Specialist/Board Clerk DATE: July 28, 2022 RE: August 8, 2022 Meeting On this meeting agenda, there are the following: • A Gunsmithing Business/Concealed Carry Course in an RA-20M Zoning District. PLEASE CALL in advance if you WILL NOT be able to attend the meeting. AGENDA HARNETT COUNTY BOARD OF ADJUSTMENT Harnett County Development Services 420 McKinney Parkway Lillington, NC 27546 August 8, 2022 @ 6:00 p.m. PUBLIC HEARING Procedure to be followed at each Board of Adjustment Meeting: 1. Call to order 8. Cross-examination from the Board and others 2. Invocation 9. Close Conditional Use Hearing 3. Swearing in of witnesses 10. Deliberation by Board of Adjustment 4. Briefing on application being considered 11. Findings of Fact Checklist 5. Public Hearing opened 12. Decision by Board of Adjustment or Other Motion 6. Testimony from applicant 13. Approval of Minutes 7. Testimony from other witnesses 14. Board in Closed Session Special Use 1. BOA2207-0001. Isaac & Shalesha Hill / Isaac Hill. A Gunsmithing Business/ Concealed Carry Course in an RA-20M Zoning District; Pin # 0514-44-1612.000; .29 +/- acres; Anderson Creek Township; SR # 2454 (Pender Road). HARNETT COUNTY BOARD OF ADJUSTMENTS August 8, 2022 SSttaaffff CCoonnttaacctt:: RRaannddyy BBaakkeerr,, AAssssiissttaanntt MMaannaaggeerr ooff PPllaannnniinngg SSeerrvviicceess ((991100)) 889933--77552255 oorr rrbbaakkeerr@@hhaarrnneetttt..oorrgg CASE NUMBER: BOA2207-0001 APPLICANT: Isaac Nathaniel Hill OWNER: Isaac Nathaniel Hill & Shalesha Monique Hill LOCATION: 209 Pender Road Spring Lake, NC 28390 (Overhills Creek Subdivision) ZONING: RA-20M Acreage: .29 PIN#: 0514-44-1612.000 REQUEST: Firearm Certification Facility & Gunsmithing AERIAL: Directions from Lillington: Travel NC 210 South – Turn right onto Anderson Creek School Road – Turn right onto Overhills Road – Turn left onto Lenoir Drive – Turn right onto Pender Road – Property is located on the right. (209 Pender Road) – Overhills Creek Subdivision PHYSICAL CHARACTERISTICS A. Site: There is an existing single family dwelling on this property. Property is located within a residential subdivision – (Overhills Creek) B. Surrounding Land Uses: Surrounding land uses consist of residential homes. C. Utilities: Water – Public Sewer – Public Site TRANSPORTATION:  Annual daily traffic count for Pender Road is unavailable.  Site distances are good. BACKGROUND:  Applicant would like to operate a firearms certification and gunsmithing business at the residence.  This project will be required to go through the commercial site plan review process. The Commercial Site Plan review process includes a thorough review from Planning, Building Inspections, Fire Marshal, Public Utilities, E911/ Addressing, and Environmental Health Departments.  This requested use is subject to review, approval and inspections from agencies outside Harnett County’s jurisdictional authority.  The applicant is not requesting the presence of a test fire vault or a firing berm in conjunction with the requested uses on this application.  Due to the property being located within a residential subdivision, a test firm berm is prohibited. UNIFIED DEVELOPMENT ORDINANCE REGULATIONS ARTICLE V. USE REGULATIONS 1.2 Table of Use Types & Regulations IND LI COMM O&I CONS RA-40 RA-30 RA-20R RA-20M PARKING USE GROUP LEVEL BUILDING CODE CLASS OTHER USES 11.3 Firearm Certification Facilities All firearms certification facilities not operating or located on an approved firing range are required to obtain Special Use approval from the Harnett County Board of Adjustment. All certification facilities that contain a firing range shall adhere to the following standards: A. The firearm certification facility’s firing range shall only be utilized for the purpose of displaying the practical skills necessary to obtain certification in this area of instruction. The display of practical skills involving firearms must be conducted in the presence of a certified firearms instructor. B. The firing range shall only be occupied by a maximum number of two students and one certified firearms instructor during the qualifying session of the certification process. C. The firing range utilized for qualification purposes shall be constructed to be in compliance with the following requirements: 1. The range backstop shall be constructed in a manner to contain projectiles without risk of ricochet or escape. 2. The range backstop or berm shall be constructed to a minimum height of ten (10) feet. Firearm Certification Facilities S* S* S* S* S* S* S* S* 1 per participant & 1 per instructor 4 Gunsmithing S* S* S* S* S* S* S* S* 1 D. The firing range shall be located to the rear of any structure approved for occupancy that is located on the same parcel of property. E. The length of the range measured from the firing line to the backstop shall be no greater than thirty (30) feet. F. The range shall be designed to establish the direction of fire to be parallel or perpendicular to and away from all public right(s)-of-way. G. Facilities and structures shall adhere to all Federal, State and Local regulations and code requirements. H. The firing range shall be limited to the discharge of handguns only. 11.4 Gunsmithing Gunsmithing facilities operating in conjunction with and are located on an approved firing facility shall be deemed as a permitted accessory use and shall not be required to obtain a Special Use permit. All other gunsmithing activities and facilities shall be required to obtain a Special Use permit. All non-exempt gunsmithing facilities shall adhere to the following requirements: A. Gunsmithing facilities located within a residential structure shall not engage in the onsite display or sale of firearms. B. Facilities that will utilize a test fire vault or berm shall disclose this information on the Board of Adjustment application, site plan and be approved as part of the Special Use approval. C. Gunsmithing facilities shall only utilize a test fire berm for the purpose of verifying proper working order of an assembled or repaired firearm. Recreational or any other form of shooting is prohibited on a test fire berm. D. Facilities located within a residential subdivision shall only discharge a firearm within an approved test fire vault. Outdoor test fire berms are prohibited when gunsmithing facilities are located within a residential subdivision. E. Outdoor test fire berms shall only be fired upon from a distance not greater than twenty-five (25) feet. The direction of fire into the berm shall be away from all right(s)-of-way and inhabitable structures. F. ARTICLE XIV. DEFINITIONS & CERTIFICATIONS 2.2 General Definitions Firearm Certification Facility A facility designed and utilized to perform instruction in areas associated with the concealment, possession, operation or discharge of a firearm which results in the granting of a level of certification issued by a licensed professional. Such facilities may or may not include a qualifying range for the purpose of illustrating practical skill levels associated with a level of certification. Gunsmithing The act of performing repairs, modifications, design or assembly of a firearm. SITE PHOTOS Site / 209 Pender Road Across Road / 220 Pender Road Road View / SR 2454 / Pender Road Road View / SR 2454 / Pender Road HARNETT COUNTY BOARD OF ADJUSTMENT CONDITIONAL USE PERMIT WORKSHEET APPLICANT: Isaac Hill CASE NUMBER: BOA2207-0001 1. The requested use is / is not in harmony with the surrounding area and compatible with the surrounding neighborhood for the following reasons: _____________________________________________________________________ _____________________________________________________________________ 2. The requested use will / will not materially endanger the public health and safety for the following reasons: _____________________________________________________________________ _____________________________________________________________________ 3. The requested use will / will not substantially injure the value of adjoining property, or, alternatively, the requested use is / is not or will / will not be a public necessity for the following reasons: _____________________________________________________________________ _____________________________________________________________________ 4. The requested use will / will not meet all required conditions and specifications for the following reasons: __________________________________________________ ____________________________________________________________________ 5. The requested use is / is not in general conformance with the Harnett County Unified Development Ordinance (UDO), Land Use Plan, and other relevant adopted plans for the following reasons:___________________________________________________ _____________________________________________________________________ _____________________________________________________________________ CONDITIONS TO CONSIDER: 1. _______________________________________________________________ 2. _______________________________________________________________ 3. _______________________________________________________________ 4. _______________________________________________________________ 5. _______________________________________________________________