07/18/88 Zoning Regulations,Administration,&Enforcement OrdinanceNORTH CAROLINA
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AN ORDINANCE ESTABLISHING ZONING REGULATIONS FOR THE COUNTY
OF HARNETT, NORTH CAROLINA, AND PROVIDING FOR THE ADMINISTRATION,
' - ENFORCEMENT, AND AMENDMENT THEREOF,
BE IT ORDAINED AND ENACTED by the Board of Commissioners of
the county of Harnett, North Carolina, as follows:
Article I Title. Purpose Authority, and Effective Date of
the Zoning: Ordinance
Section 1.0 Title
This Ordinance shall be known and may be cited as the Zoning
Ordinance of Harnett County, North Carolina.
Section 2.0 Purpose
The regulations as herein set forth have been made for the
purpose of promoting the health, safety, and general welfare of
the Harnett County residents.
Section 3.0 Authority
The provisions of the Ordinance are adopted under authority,
granted by the General Assembly of the State of North Carolina,
particularly G.S. Chapter 153A, Article 18, Part 3.
Section 9.0 Effective Date
This Ordinance shall be effective from and after the date of
its adoption by the Harnett County Board of Commissioners.
Article II ,luriediction
The provisions of the Ordinance shall apply to the
unincorporated areas of Harnett County as specifically identified
' and delineated on the zoning map identified an "The Official Map
of Harnett County, North Carolina. The ordinance shall not be
applied to the extra - territorial Jurisdiction of any
municipality in the county.
Article III Rxemption of Bona Fide Farms
Bona Fide farms in the zoning area are exempt from this
Ordinance. This Ordinance does not exercise any controls over
crop land, timber land, or other farm activities as long as such
land uses are in the same ownership as the farm and located on
the farm. The use of any farm property for non -farm purposes
shall be subject to the regulations of this Ordinance.
Article IV Ga eral Frovlalona
The regulations set forth in this Ordinance affect all land,
every building and every use of land and \or building, and shall
apply as follows:
1.1 New Use p„
^ r Constrnati
After the date of this Ordinance all new
construction or use of land shall conform to the use
and dimensional requirements for the district in which
it is to be located.
1.2 RKWtinn Conforming Situationa
After the effective date of this Ordinance, land or
structures, or the use of land or structures which then
conform to the regulations for the district in which it
is located may be continued, provided that any
structural alterations or change in use shall conform
with the regulations herein specified.
1.3 Existing NQUC91101MIng Situationa
After the date of adoption, pre - existing lots or
structures which would be prohibited under the
regulations for the district in which it is located
shall be considered as nonconforming. Nonconforming
structures or uses may be continued, provided they
conform to the provisions in Section 2.
;lecl;ion e u uoiul.nuapion or noncon ormrn orsuacross
58 The continuation of nonconforming situations shall be
regulated as follows:
2.1 Non - Conforming Single Lot of Record
Where the owners of a vacant lot of record established
prior to the effective date of this Ordinance which
does not conform to the minimum lot requirement of the
district in which it is located may be used as a
building site for a use permitted within that district
provided:
All construction and the location of the
building(s) shall be in accordance with the
applicable front, side and rear yard requirements
of the zoning district in which located. The
existing or proposed water and sewage disposal
system is approved by the Harnett County Health
Department and all uses serviced by a private
septic tank system shall have a minimum lot area
of not lase than fifteen thousand (15,000) square
feet of suitable or provisionally suitable soil,
except in the case of a Manufactured Home Park.
2.2 Completion of Non-Conformina Non-. mina Proi,cta
The construction or erection of any non- conforming
project may be completed provided:
All construction is done pursuant to a validly issued
,building permit.
2.3 Extension of Enlargement of Non - Conforming Situations
Except as specifically provided in this Section, it
shall be unlawful for any person to engage in any
activity that causes an increase in the extent of non-
conformity of a non - conforming situation.
A. A non - conforming use may be extended throughout
any portion of a completed building that, when the
use was made non- conforming by this Ordinance, was
manifestly designed or arranged to accommodate
such uses. However, a non - conforming use may not
be extended to additional buildings or to land
outside the original buildings.
B. A non - conforming use of open land may not be
extended to cover more land than was occupied by
that use when it became non - conforming, except
that a use that involves the removal of natural
materials from the lot (e.g., a quarry) may he
expanded to the boundaries of the lot where the
use was established at the time it became non-
conforming, if ten (10) percent or more of the
earth products had already been removed at the
active date of this Ordinance.
C. Where a non- conforming situation exists the
equipment or processes may be changed if these or
similar changes amount only to changes in degree
or activity rather than changes in kind and no
violations of other paragraphs of this section
occur.
D. .Physical alteration, of structures or the placement
of new structures on open land are unlawful if
they result In:
1. An increase in the total amount of space
devoted to a non- conforming use: or
2. Greater non- conformity with respect to
dimensional restrictions such as yard
requirements, height limitations, or density
requirements.
E. Minor repairs to and routine maintenance of
property where non- conforming situations exist are
permitted and encouraged.
Discontinuance of Non - Conforming Situations
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F. Notwithstanding paragraph D, any structure used
for single family residential
purposes and
maintained as a non - conforming
use or structure
may be enlarged or replaced with
a similar
structure of a larger size, so
long as the
enlargement or replacement does
not create new
non - conformities or increase
the extent of
existing non - conformities with
respect to yard
size and setback requirements.
In particular, a
manufactured home may be replaced
with a larger
manufactured home, and a
"single- wide"
manufactured home may be replaced
with a "double-
,
wide ". This paragraph is
subject to the
limitations stated in Section 2.5
Abandonment and
Discontinuance of Non - Conforming Situations
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A structure that is non - conforming in any respect JJ"
or a structure that 1e used in a nun - conforming
manner may be reconstructed or replaced if
partially or totally destroyed, subject to the
' following restrictions:
1. A letter of intent is received by the Zoning
Administrator within six (8) months from the
time of such destruction.
2. A zoning permit is obtained from the Zoning
Administrator within one (1) year from the
time the damage or destruction took place.
3. The total amount of space devoted to a non-
conforming use may not be increased, except
that a larger, single family residential
structure may be constructed in place of a
smaller one and larger manufactured home
intended for residential use may replace a
smaller one.
4. The reconstructed building may not be more
non - conforming with respect to dimensional
restrictions such as yard requirements,
height limitations or density requirements,
and such dimensional non- conformitles must be
eliminated if that can reasonably be
accomplished without unduly burdening the
reconstruction process or limiting the right
to continue the non- conforming use of such
building.
2.4 Change gf Nonconfo mine _MAk
Any non - conforming use may be changed to a
conforming use, or with the approval of the Zoning
Board of Adjustment, to any use more in character
with the uses permitted in the district. In
Permitting such changes, the Zoning Board of
Adjustment may require appropriate conditions and
safeguards in accordance with the provisions of
this Ordinance.
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' A. When a non - conforming use is discontinued for
'a consecutive period of one hundred eighty
(180) days, the property involved may
thereafter be used only for conforming
purposes.
For purposes of determining whether a right
to continue a non - conforming situation is
lost pursuant to this Section, all of the
buildings, activities and operations
maintained on a lot are generally to be
considered as a whole. For example, the
failure to rent one (1) apace in a non-
conforming manufactured home park for one
hundred eighty (180) days shall . not result in
the loan of the right to rent that apartment
or apace thereafter so long as the apartment
building or manufactured home park as a whole
is continuously maintained, But if a non-
conforming use is maintained in conjunction
with a conforming use, discontinuance of a
non - conforming use for the required period
shall terminate the right to maintain it
thereafter. And so, if a manufactured home
is used as a non- conforming use on a
residential lot where a conforming
residential ' structure also is located,
removal of that manufactured home for one
hundred eighty (180) days terminates the
right to replace it.
B. When a structure or operation made non-
conforming by this Ordinance is vacant or
discontinued at the effective date of this
Ordinance, the one hundred eighty (180) day
period for purposes of this Section, begins
to run at the effective date of this
Ordinance.
so
Section 3 Ralatiggahip of Building to Lots '
Every building hereafter erected, moved or structurally
altered shall be located on a lot. And in no case shall
there be more than one principal residential building and
its customary accessory buildings on a lot except in the
following cases:
3.1 Manufactured home parka and multi - family dwellings in
appropriate zoning districts.
3.2 One secondary residence when placed in such a way that
both the secondary and primary residence meet all of
the dimensional lot requirements of the applicable
zoning district.
Section 4.0 Requircd JArds Not to be De d by Another Building
The minimum yards or other open spaces required by this
Ordinance for each and every building hereafter erected, moved,
or structurally altered shall not be encroached upon by or
considered as meeting the yard or open space requirements of any
other building.
Section 5.0 Reduction of Lot and Yard Areas Prohibited
No yard or lot existing at the time of passage of this
Ordinance shall be reduced in size or area below the minimum
requirements set forth herein. Yards or lots created after the
effective date of this Ordinance shall meet at least the minimum
requirements established by this Ordinance.
Section 6.0 Public Access to Property
No building, structure, or use of laud other than for
agricultural purposes shall be established on a lot which does '
not abut a street, road or other public way having right -of -way
meeting standards of the North Carolina State Department of
Transportation, except as follows:
Parcels of land exempt from the subdivision regulations by
General Statutes 153 -A -335 or other legally specified reasons for
exemptions are hereby excluded from the public access
requirements of this Ordinance.
Section 7.0 Proiectiona Into Public Right-of-Way,
No private signs nor other structures shall project beyond
an imaginary line drawn ten (10) feet from and parallel to the
outer edge of the travelled portion of the public right -of -way.
Section B.0 Buffers
Buffer stripe shall be required where any of the following
uses abut land zoned residential: manufactured home parka,
commercial planned developments, shopping centers, all commercial
enterpriaee (except home occupations), and industrial districts.
The buffer strip shall not be lees than ten (10) feet wide around
the perimeter of the parcel. It shall be planted with evergreen
and /or deciduous trees not more than twenty (20) feet apart and
adequately landscaped with grass and shrubbery in such a manner
as to be harmonious with the landscaping of the adjacent
Properties and in keeping with the general character of the
surrounding neighborhood.
The Planning Board may waive all or part of this requirement
when deemed necessary.
Section 9.0 Height Limitation Exceptions
The height limitations of this Ordinance shall not apply to
belfries, spires, monuments, chimneys, smokestacks, water towers,
flag poles, television and radio masts, aerials, and similar
structuree. I
Section 10 O Curb Cute Giving Acagea to Public 01
Construction of curb.cuts for purposes of Ingress or egress
to property abutting a public right -of -way shall be approved by
' the North Carolina Department of Transportation, Highway
Commission where said curbs affect access to State Highways.
Provisions for all access work done on highway right -of -way is
subject to approval by the Highway Commission.
Section 11 0 Corner yi jhilify
In all zoning districts there shall be no obstruction to
visibility on any corner lot two (2) feet above the level of the
center line of the street in a triangular area bounded by the
street right -of -way line on such corner lots and a base line
joining points along right -of -way lines twenty five (25) feet
from the intersection right -of -way corner.
Section 12 0 Standards for Effluent slid Emissiong
All effluent and emissions into the air or surface or ground
waters from development permitted by this Ordinance must be in
conformity with applicable federal, state, or County Health and
Environmental quality regulations.
Section 13-0 Sedimentation Control
All land - disturbing activities shall meet the requirements
of the North Carolina General Statutes.
Section 14,U Nonresidential Manufactured Home Use d Temporary
Buildings
Temporary buildings or manufactured homes used for
nonresidential purposes may be located in any zoning district,
but only if they are temporary. uses (such as construction
offices., equipment storage receptacles, or temporary offices) and
only if temporary building permits are initially obtained from
the Building Inspector and renewed every 180 days for a period
not to exceed one year. Temporary uses shall comply with all
other appropriate provisions of this Ordinance.
Eaction 15.0 Accessory Building
No accessory building shall be erected in any required yard
nor within five (5) feet of any other building except that
accessory buildings not exceeding 600 sq. ft. may be
permitted in the required side and rear yards provided such
accessory buildings are at lease five (5) feet from any
property line and do not encroach into any required
easements. Accessory buildings not exceeding 50 square feet
and used exclusively to house well and pump equipment may be
permitted in the required front, aide and rear yards,
provided such accessory buildings are at least five (5) feet
from any property lines and do not encroach into any
required easements or eight angles. An accessory building
or use may be located on another contiguous or non-
contiguous lot from the principal use with which it is
associated, only to the extent that the principal use itself
would also be permitted on such lot.
Section 16.0 Interpretation of District Boundaries
When uncertainty exists with respect to the boundaries of
any district as shown on the Official Zoning Map, the following
rules shall apply:
16.1 Boundaries along street, highway, or alley center
lines or right -of -way lines shall be construed as
following Buell lines.
16.2 Boundaries along railroad tracks shall be construed as
being midway between the main railroad tracks.
16.3 Boundaries along plotted property linen and town limit
lines shall be construed as following such lines.
' 16.9 Boundaries indicated as following shorelines shall be
construed to follow such shorelines and in event of
change in the shoreline, shall be construed as
moving with the actual shoreline.
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16.5 In the absence of established features, or lines, or
specified distances on the zoning map, district
boundary locations shall be determined by scaling the
distance on the map.
16.6 Where physical conditions existing on the ground are
at variance with those shown on the zoning map, or in
other circumstances not covered herein, the Board of
Adjustment shall interpret district boundary locations.
16.7 Where a district zoning boundary divides a lot, the
Board of Adjustment may, as a special exception,
permit the extension of either district into portions
of the lot not to exceed 56 feet beyond the district
boundary line.
,Section 17.0 Conflict with Other Laws or Regulations
It is not intended by this Ordinance to interfere with or
abrogate or annul any easements, covenants, or other agreements
between parties, provided, however, that wherever the regulations
of this Ordinance require a greater width or size of yards or
courts, or require a lower height of buildings or less number of
stories, or require a greater percentage of lot to be left
unoccupied, or impose other higher standards than are required in
any other statute or county ordinance or regulations, the
provision of the regulations made under authority of this
Ordinance shall govern. Wherever the provisions of any other
statute or county ordinance or regulations require a greater
width or size of yards, of courts, or require a lower height of
buildings or a lees number of stories, or require a greater
percentage of lot to be left unoccupied, or impose other higher
standards than are required by the regulations made under
authority of this Ordinance, the provisions of such statute or
county ordinance or regulations shall govern.
. , � _ ?t•.FliFliL3a
If for any reason one or more sections, sentences, clauses,
or parts of this Ordinance are held invalid by the courts, such
judgement shall not affect, impair or invalidate the remaining
provisions of this Ordinance. The Board of County Commissioners
hereby declares that It would have passed this Ordinance and each
section, subsection, clause, or phrases, thereof, irrespective of
the fact that any one or more sections, subsections, sentences,
clauses, or phrases be declared invalid.
In case any building or structure is erected, constructed,
reconstructed, altered; repaired, converted, or maintained, or
any building, structure or land is used in violation of this
Ordinance, the Zoning Administrator or any appropriate
authority of the county or any adjacent, nearby, or neighboring
property owner who would be affected by such violation, in
addition to other remedies, may institute injunction, mandamus or
other appropriate action in proceeding to prevent the occupancy
of such building, structure, or land.
Any person, firm, or corporation, violating any provisions
of this Ordinance, or who shall violate or fail to comply with
any order made thereunder; or who shall continue to work upon any
structure after having received written notice from the Zoning
Administrator to cease work, shall be guilty of a misdemeanor and
punishable by a fine not to exceed fifty ($50) dollars or
imprisonment not to exceed thirty (30) days. Each day such
violation shall be permitted to exist shall constitute a
separate offense. Notice of violation shall be sufficient if
directed to such owner, the agent of the owner, or the contractor
and /or left at his known place of residence or place of business.
Article V Official Zoning Map
The map herein referred to, which is identified by the
title, Official Zoning Map of Barnett County, North Carolina,
shall be known as the zoning map. The boundaries of each zoning
district shall bear the adoption date of this Ordinance and the
date of any subsequent map amendments. It shall be kept filed at
the County Planning Office.
Article VI Zoning Digtrigtg and Regulations
In order to implement the intent of this Ordinance, there
are hereby created six classes of districts with the
designations of general purposes and regulations as stated below:
I- Industrial District
'
B- Business /Commercial District
C- Conservation District
RA- 40- Residential /Agricultural
District
RA- 30- Residential / Agricultural
District
RA- 20- Residential /Agricultural
District
The boundaries of these districts are hereby established as
shown on the "Official Zoning Map ",
The Board of Adjustments shall determine the appropriate
zoning district of any use which is not specifically designated
as either a permitted or conditional use in any zoning district.
Section 1.0 Industrial Di tr+ t
The purpose of this district is to promote and protect both
existing industrial activities and potential sites which are
considered suitable for industrial use, to prohibit uses of land
which would substantially interfere with the continuation of uses
permitted in the district, and to promote the operation of well -
planned and maintained industrial facilities.
1.1 Permitted Uses
A. Manufacturing (excluding fertilizer manufacturing)
B. Assembling, processing industries, wholesale,
warehouse, and transfer activities
D. Bona fide. farms
E. Public utility facilities
F. Outdoor display, storage, or sale of vehicle or
other equipment
1.2 Conditional Uses
A. Junkyards and automobile wrecking yards and
similar . types of used material industries when
they are conducted within a structure or on a lot
I enclosed by a solid fence or a natural buffer at
least six (6) feet in height. No junkyard or
scrap processor shall be .established within five
hundred (500) feet of any residentially zoned or
developed area. The minimum front yard shall be
at least one hundred (100) feet from any street
right -of -way provided that the County Board of
Commissioners finds that such wrecking yard will
not have an injurious effect on the public
interest or welfare
B. Fertilizer manufacture
C. Mining activities (as regulated by Article XI)
D. Wholesale storage of gasoline or bulk terminal
plants, provided no above - ground storage tank
shall be closer than fifty (50) feet to any
property line, . and that the uses are in conformity
with the federal, state, and local regulations
governing the storage of combustible fuels
E. Planned Unit Developments
F. Service stations and other auto - oriented business
establishments excluding auto wrecking yards and
junkyards
1.3 Dimensional Reauirements-
TRe following- regulations limiting the bulk and
arrangement of buildings'` shall govern all permitted
uses in this district.
Minimum Lot Area -'1 acre =,43,560 square feet
Minimum Lot Width - 150 feet
Minimum Required Front Yard - 50 feet measured from the
front property line or right -of -way line shall be devoted
for sidewalks, grass, , plants, driveways - no off street
parking
Minimum Required Rear Yard - 25 feet measured from the rear
�.o property line unless adjacent property is zoned
residential (50 feet)
Minimum Required Side Yard - 25 feet measured from the side
property lines, unless adjacent property is zoned
residential (50 feet)
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Maximum Building Height - No maximum building height
1.4 Off- Street Parking and Loading (as required by Article
VIII)
1.5 Siena (as required by Article IX)
1.6 Buffers (as required by Article IV, Section 6.0)
Section 2.0 Commercial Busin a District
It is the purpose of the Commercial /Business District to
accommodate the widest variety of commercial, wholesale, and
retail businesses in areas that are best located and suited for
such uses.
2.1 Permitted Uses
A. Retail shops and stores and service
establishments whose operation is conducted
entirely within an enclosed building
B. Offices for business, professional, and
governmental purposes
C. Special uses such as social hallo, lodges,
fraternal organizations, clubs, and similar
activities
D. Trades catering to households and business
establishments
E. Motels, hotels, boarding and rooming houses, and
other similar establishments
F. Religious uses including churches and other
Places of worship, religious education buildings,
and pariah houses
G. Service stations and other auto oriented business
establishments, excluding junkyards and auto
wrecking yards
H. Outdoor display, storage, or sale of vehicle or
other equipment
I. Bona Fide Farm
J. Public Utility Facilities
2.2 Conditional Unee
A. Planned Unit Development I
B. Junkyards and automobile wrecking yards and
similar types of used material industries when
they are conducted within a structure or on a lot
enclosed by a solid fence or a natural buffer at
least six (6) feet in height. No junkyard or
scrap processor shall be established within five
hundred (500) feet of any residentially zoned or
developed.area. The minimum front yard shall be
at least one (100) feet from any street
right -of -way .provided that the County Board of
Commissioners finds that such wrecking yard will
not have an injurious effect on the public
interest or welfare
C. Mining activities (as regulated by Article XI)
2.3. Dimensional Requirements
The following regulations limiting the bulk and
arrangement of buildings shall govern all permitted and
conditional uses in the district except those permitted
in Planned Unit Developments. Regulations for Planned
Unit Developments are contained in Article X of this
Ordinance.
Minimum Lot Area - 30,000 square feet
Minimum Lot Width - 100 feet
Minimum Required Front Yard - 35 feet measured from the
front property line or right -of -way line
Minimum Required Rear Yard - 25 feet measured from the rear
property line
Minimum Required Side Yard - There shall be no required
side yard except where the lot abuts a lot zoned
residential.. In such instance, the abutting side yard '
shall be at least 20 feet wide measured from the side
property line.
Maximum Building Height - 35 feet
Corner Lots - The yard on the side of the lot abutting the
aide street shall not be lees than 20 feet. Accessory
' buildings on the side of the lot abutting the side
street shall not be closer to the lot line abutting
that side street than the distance specified for front
yards of lots fronting on such side street.
2.4 Off Street Parking and Loading (as required by Article
VIII)
2.5 Signs_ (as required by Article IX)
2.6 Buffers (as required by Article IV, Section 8.0)
Section 3.0 Conservation District
The purpose of the conservation district Is to encourage the
preservation of and continued use of the land for conservation
purposes, to prohibit residential, commercial, and industrial use
of the land in areas subject to flooding, and to prohibit any use
of the land which would substantially interfere with the
preservation of this district, and to encourage the
discontinuance of existing uses that would not be permitted as
uses in this district. Lots in established subdivisions will be
exempt from the no building requirements of the conservation
district, but must' adhere to setback requirements of the
residential districts.
3.1 Permitted Uses
A. Bona Fide Farms
B. Nature and /or Wildlife Preserves
C. Forest Preserves
D. Passive Parka and Recreation Areas
3.2 Dimensional Requirement,
Within the Conservation District, as shown on the
zoning map, there shall be no minimum lot areas,
widths, or yards required due to the exceptional
I physical characteristics of this district,
Section 4.0 Residenti 1 /Aaricultur 1 District - RA -40
The RA -40 Residential /Agricultural District is established
exclusively as a single family residential and agricultural
district
4.1 Permitted Uses
A. Single Family Dwellings
B. Bona Fide Farms
C. Churches, Chapels, Temples, Synagogues
D. Rectoriea, Parsonages, Manses, Pariah Houses
E. Schools, Colleges, Hospitals, Parks, Club
Facilities, Community Centers
F. Family Care Facilities
G. Customary Home Occupations
4.2 Conditional Ueee
A. Planned Unit Developments
B. Grocery Stores and Business Establishments
(convenience type)
C. Automobile Service Stations
D. Recreational Facilities
E. Restaurants
F. Offices for Business, Professional, and
Governmental .Services -
G. Trades catering 'to households and business
establishments
4.3 Dimensional Requirements
The following regulations limiting the bulk and
arrangement of buildings shall govern all permitted and
conditional uses in the district except those permitted
in Planned Unit Developments. Regulations for Planned
Unit Developments are contained in Article X of the
' Ordinance.
Minimum Lot Area - 40,000 square feet, 35,000 square feet
with public water and /or sewer
Minimum Lot Width - 150 feet
Minimum Required Front Yard - 35 feet (excluding steps) from
the property line or the right -of way line
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Minimum Required Rear Yard - 25 feet (excluding steps)
measured from the rear property line
Minimum Required Side Yard - 10 feet measured from the aide
property lines (see also requirements for corner lots) '
Maximum Building Height - 35 feet
Corner Lots - The yard on the side of the lot abutting the
aide street shall not be less than 20 feet. Accessory
buildings on the side of the lot abutting the side
street shall not be closer to the lot line abutting
that side street than the distance specified for front
yards of lots fronting on such aide street.
4.4 Off - Street Parkins and Loadins (as required by Article
VIII)
4.5 Siang (as required by Article IX)
The RA -30 Residential /Agricultural District is established
as primarily a single family residential district, but includes
occasional two - family and multi- family structures.
5.1 Permitted Uses
A. Single Family, Two Family Dwellings
B. Customary Home Occupations
C. Bona Fide Farms
D. Churches, Chapels, Temples, Synagogues
E. Rectories, Parsonages, Manses, Parish Houses
F. Schools, Colleges, Hospitals, Parks, Club
Facilities, Community Centers
G. Family Care Facilities
5.2 Conditional Uses
A. Grocery Stores and Business Establishments
(Convenience Type)
B. Automobile Service Stations
C. Recreational Facilities
D. Mining Activities (as regulated by Article XI) '
K. Restaurants
F. offices for Business. Professional, and
Governmental Services
G. Public Utility Facilities
H. Planned Unit Developments
I. Apartments and other Multi - Family Structures
Minimum required lot area for first dwelling
unit l0,UUU square feet
Minimum additional lot area per dwelling unit
.for each. unit in excess of one - 3,000
square feet
Minimum required mean lot width for the first
dwelling unit - 80 feet
Only uses supplemental to the apartment
complex may be located on the same lot as the
apartments - clubhouses, maintenance
buildings, tennis courts, etc.
1. Junkyards and automobile wrecking yards and
similar types of used material industries when
they are conducted within a structure or on a lot
enclosed by a solid fence or a natural buffer at
least six (6) feet in height. No junkyard or
scrap processor shall be established within five
hundred (500) feet of any residentially zoned or
developed area. The minimum front yard shall be
at least one hundred (100) feet from any street
right-of-way provided that the County Board of
Commissioners finds that such wrecking yard will
not have an injurious effect on the public
interest or welfare
K. Manufactured Homes
L. Trades and similar enterprises catering to
households and business establishments '
M. Kennels, riding stables and other similar land
uses
N. Outdoor Advertising
O. Day care and Elderly Care Facilities
5.3 Dimensional Requirements ��
The following regulations limiting the bulk and
arrangement of buildings shall govern all permitted and
conditional uses in the district except those permitted
in Planned Unit Developments. Regulations for Planned
' Unit Developments are contained in Article X of this
Ordinance.
Minimum Lot Area - 30,000 square feet, 25,000 square feet
with public water and /or sewer
Minimum Lot Width - 100 feet
Minimum Required Front Yard - 35 feet (excluding steps)
measured from the front property line or right -of way
line.
Minimum Required Rear Yard - 25 feet (excluding steps)
measured from the rear property line.
Minimum Required Side Yard - 10 feet measured from the side
property lines (see also requirements for corner lots)
Maximum Building Height - 35 feet
Corner Lots - The yard on the side of the lot abutting the
side street shall not be lees than 20 feet. Accessory
buildings on the side of the lot abutting the aide
street shall not be closer to the lot line abutting on
that aide street than the distance specified for front
yards of lots fronting on such side street.
5.4 Off- Street Parking and Loading (as required by Article
VIII)
5.5 Signs (as required by Article IX)
Section 6.0 Residential /Agricultural District - RA -20
The RA -20 Residential /Agricultural District Is established
Primarily to cater to (nigh density development. Inclusive in
such developments are single family dwellings, multi - family
' dwellings,- duplexes, and manufactured home parks.
6.1 Permitted Ueea
A. Single Family, Two Family Dwellings
B. Customary Home Occupations
C. Bona Fide Farms
D. Churches, Chapels, Temples, Synagogues
R. Rectories, Parsonages, Manses, Pariah Houses
F. Schools, Colleges, Hospitals, Parke, Club
Facilities, Community Centers
G. Manufactured Homes
H. Manufactured Home Parks
I. Apartments and Other Multi - Family Structures
Minimum required lot area for first dwelling
unit -- 10,000 square feet
Minimum additional lot area per dwelling unit
for each unit in excess of one - 3,000
square feet
Minimum required mean lot width for the first
dwelling unit - 60 feet
Only uses supplemental to the apartment
complex may be located on the same lot as the
apartments - clubhouses, maintenance
buildings, tennis courts, etc.
J. Family Care Facilities"
6.2 Conditional Uses
A. Automobile Service Stations
B. Grocery Stores and Business Establishments
(Convenience Type)
C. Recreational Facilities
D. Restaurants
R. Planned Unit Developments
F. Offices for Business, Professional, and
Governmental Set-vices
G. Public 'Utility Facilities
H. Trades and similar enterprises catering to
households and business establishments
I. Day care and Elderly Care Facilities
6&
6.3
The following regulations limiting the bulk and '
arrangement of buildings shall govern all permitted and
conditional uaes in the district except those permitted
in Planned Unit Developments. Regulations for Planned
Unit Developments are contained in Article X of the
Ordinance. -
Minimum Lot Area - 2U,000 square feet, 15,000 square feet
with public water and /or sewer
Minimum Lot Width - 60 feet
Minimum Required Front Yard - 25 feet (excluding steps)
measured from the front property line or right -of way
line
Minimum Required Rear Yard - 25 feet (excluding steps)
measured from the rear property line
Minimum Required Side Yard - 30 feet measured from the side
property lines (see also requirements for corner lots)
Maximum Building Height - 35 feet
Corner Lots - The yard on the side of the lot abutting the
side street shall not be leas than 20 feet. Accessory
buildings on the side of the lot abutting the side
street shall not be closer to the lot line abutting on
that side street than the distance specified for front
yards of lots fronting on such side street.
6.4 Off- Street Parkina and Loading (as required In Article
VIII)
6.5 SiAns (as required in Article IX)
6.6 Buffers (as required in Article IV, Section 8.0) I
Article VII Conditional Uses
The development and execution of this Ordinance is based on
the division of the county into districts within which the use of
land and buildings and the bulk and location of buildings and
structures in relation to the land are substantially uniform.
It 1s recognized, however, that there are some land uses which
are basically in 'keeping with the intent and purposes of the
district where conditional, but which may have'an impact on the
area around them which can only be determined by review of the
specific proposal. These uses may be established, under certain
conditions and with proper controls, in much a manner as to
minimize any adverse effects. In order to insure that these
uses, in their proposed locations would be compatible with
surrounding development and in keeping with the purposes of the
district in which they are located, their establishment shall
not be as a matter of right, but only after review and approval
of a Conditional Use Permit as hereinafter provided.
Section 1 U Aimlication for Conditional Use Permit
1.1 initiation f C nditional Use Permit
Any person having freehold interest in land, or a
possessory interest entitled to exclusive possession,
or a contractual interest which may become a freehold
interest or an exclusive possessory interest, and which
is specifically enforceable, may file an application to
use such land for one or more of the conditional uses
provided for. in this Ordinance in the zoning district
in which the land is located.
1.2 Applicatign for Q911ditional 1199 Permit
Application for Conditional Use Permits, signed by the
applicant, shall be presented to the Zoning '
Administrator. Each application shall contain or be
accompanied by such legal descriptions, maps, plans,
and other information so as to completely describe the
proposed use and existing conditions. The application
shall be forwarded to the County Board of Commissioners
and the Zoning Administrator shall notify the Chairman
of the Planning Board of the application.
1.3 Fee for Conditional Ilse Permit
The Board of Commissioners shall Bet a fee, payable to
Harnett County, North Carolina, to cover the necessary
administrative costs and advertising of each
.application for a conditional use permit. The set fee
shall be posted in the County Clerk's office.
Section 2.0 Public Hearing
The Chairman of the County Commissioners shall schedule a
public hearing oil tile application for a conditional use permit to
be held within 60 days after the application is filed. Public
notice of the hearing shall" be published in a newspaper of
general circulation in the County at least once each wee], for two
successive, weeks ._prior to' the public. hearing. The' Zoning
Administrator Bhall -aleo post notice on the property involved
for a period of one week prior to the hearing.
Section 3.0 Action by the Planninw_ Board
The Planning Board shall review the application prior to the
public hearing and shall present its recommendations to the
County Board of Commissioners at the public hearing. The
Planning Board may revise its recommendations following the
public hearing and present such recommendations to the Board of
Commissioners before action is taken by the Board of County
Commissioners.
Section 4.0 Action by the Board of County C mm1 1 ner
The Board of County Commissioners shall approve, modify or
deny the application for Conditional Ilse Permit following the
public hearing. In granting a Conditional One Permit, the County
Board of Commissioners shall make written findings that the
applicable regulations of the district in which it is located are
fulfilled. With due regard to the nature and state of all
adjacent atiuctures and uses, the district within which it 1s
located, and official plans for future development, the County
Board of Commissioners shall also make written findings that the
following provisions are fulfilled.
4.1 The use requested is listed among the conditional uses
in the district for which application 1s made.
4.2 The requested use is essential or desirable to the
public convenience or welfare.
4.3 The requested use will not impair the integrity or
character of the surroundings or adjoining districts,
nor be detrimental to the public health, morals, or
welfare.
4.4 The requested use will be in conformity with the Land
Use Plan.
4.5 Adequate utilities, access roads, drainage, sanitation
and /or ether necessary facilities have been made or are
being provided.
4.6 That adequate measures have been or will be taken to
provide ingress and egress so designed as to minimize
traffic congestion in the public streets.
4.7 That the conditional use shall, in all other respects,
conform to the applicable regulations of the district
in which it is .located, except as such regulations may,
in each' - -Instance. be modified by the County Board of
Commissioners pursuant to the recommendations of the
Planning Board.
Prior to the granting of any conditional use permit, the
Planning Board may recommend, and the County Board of
Commissioners may stipulate, ouch conditions and restrictions
upon the establishment, location, reconstruction ,maintenance,
and operation of the conditional use as it deems necessary to
secure compliance with the standards and requirements specified
above. In all cases in which conditional use permits are granted,
the Board of County Commissioners shall require such evidence and
guarantees as it may deem necessary as proof that the provisions
of this section have been met.
II
70 5.1 Such conditions may include a time limitation.
5.2 Conditions may be imposed which require that one or
more things be done before the use requested can be
initiated. For example, "that a solid board fence be '
erected around the site to a height of six (6) feet
before the use requested in initiated ".
5.3 Conditions of a continuing nature may be imposed. For
example, .'exterior loud speakers shall not be used
between the hours of 10:00 p.m. and 6:00 a.m.
Section 6.0 General Provisions inn Granting Conditional Use
Permits
6.1 Compliance with Other Codes
Granting of a Conditional Use Permit does not exempt
the applicant from complying with all of the
requirements of building codes and other ordinancee.
6.2 Revocation
In any case where the conditions of a Conditional Ilse
Permit have'not been or are not being complied with,
the Zoning Administrator shall give the permlttee
notice of intention to revoke such permit at least ten
days prior to a County Board of Commissioners review
thereof. -After conclusion of the review, the County
Board of Commissioners may revolte such permit.
6.3 Expiration
In any case where a Conditional Use Permit has not
been exercised within the time limit set by the County
Board of Commissioners, or within one Year if no
specific time limit has been set, then without further
action, the permit shall be null and void. "Exercised"
as set forth in this section shall mean that binding
contracts for the construction of the main building
have been let; or in the absence of contracts that the
main building is under construction to a substantial
degree; or that prerequisite conditions involving
substantial investment are contracted for, in '
substantial development, or completed (sewage drainage,
etc.). When construction is not a part of the use,
"exercised" shall mean that the use is in operation in
compliance with the condition set forth in the permit.
Article VIII Parkina and Off- Street Loading Requirements
Section 1.0 Off- Street Parking Requirements
There shall be provided at the time of the erection of any
building, or at the time any principle building is enlarged or
increased In capacity by adding dwelling units, guests rooms,
seats, 'or floor area; or before conversion from one type of use
or occupancy to another, permanent off - street parking apace in
the amount specified by this section, together with adequate
driveway and maneuvering space. Such parking space may be
provided in a parking garage or properly graded open space.
1.1 Certification of Minimum Pa r k inn Requirements
Each appllcatfon -for a zoning permit to the Zoning
Administrator as provided for in this Ordinance shall
include information as to the location and dimensions
of off - street parking and loading space and the means
of ingress and egress to such space. This information
shall be of sufficient detail to enable the Zoning
Administrator to determine whether or not the
requirements of this section are met.
1.2 Combination of Reguired Parking Spaceg
The required parking apace for any number of separate
uses may be combined in one lot, but the required space
assigned to one use may not be assigned to another use,
except that one -half of the parking space required for
churches, theaters, or assembly halls whose peak
attendance will be at night or on Saturdays and Sundays
may be assigned to a use which will be closed at night
and on Sundays. '
O 1.3 Re to Parking Spaces
If the off- street parking space required by this
Ordinance cannot be reasonably provided on the same lot
on which the principal use is located, Such apace may
be provided on any land within 400 feet of the main
entrance to such principal use, provided such land is
in the same ownership as the principal use.
1.4 Lighting
Access ways, walkways, and parking areas shall be
lighted adequately by lighting fixtures which shall be
so installed as to protect the street and neighboring
Properties from direct glare or hazardous interference
of any kind.
1.5 Safety Barriers
Curbs, walls, fences or similar devices shall be
located along the perimeter of parking lots, garages,
and storage areas, except at entrances and exits
indicated on approved parking plans. Such barriers
shall be so designed and located as to prevent parked
vehicles from extending beyond property lines- of
parking lots and garages and to protect public right -
of -way and adjoining properties from damaging effects
of surface drainage.
1.6 Parking Areas Adjacent to Public Albs
Where off - street parking facilities are located
adjacent to a public alley, the width of such alley may
be counted as a portion of the required maneuvering and
access area, but not as part of the parking spaces
required.
1.7 Improvements. Design and Location Standards
All off- street parking, including exits, entrances, and
maneuvering and parking areas shall:
A. Have access to a dedicated street or alley
B. Have access drives or lanes which are at least ten
(10) feet wide for single lane movement and twenty
(20) feet wide for double lane movement
C. Be graded
D. Be permanently maintained by the owners
1.8 Parkins Surface Areas
All parking surface areas and access drives of
business, industrial, and wholesale uses shall be
surfaced with concrete, bituminous material, asphalt,
or a minimum of six inches of gravel and shall be
maintained in a dust free condition.
1.9 Parking Area Screening
Off - street parking areas for more than ten (10)
vehicles shall be effectively screened on each side
which adjoins any residential district by a suitable
fence or hedge at least five (5) feet high. Such fence
or hedge shall be maintained in good condition.
1.10 Minimum Parkina. Requirements
Minimum length of space - 20 feet
Minimum width of space - 9 feet
The following off - street parking spaces shall be
required:
A. Residential and Related Uses
(1) Residence, single family, two family - each
dwelling unit 2 spaces
(2) Residence, multi- family - each dwelling unit
- one and one -half spaces
(3) Home occupation in the operator's residence-
( parking spaces in addition to residence
requirements
(4) Rooming or boarding house - 1 parking space
for each two rooms to be rented, plus 1
parking space for the owner or manager if
living on the premises
72
B. Public and Semi-Public Uses
(1) Hospitals - 1 space for each 2 beds intended
for patient use, exclusive of baesinets, and
1 space for each employee on the largest
shift
(2) Nursing homes - each 5 patient beds - 1
apace
(3) Clinic - 4 spaces for each doctor practicing
at the clinic, plus 1 apace for each employee
(4) Churches - each 4 seats in sanctuary - 1
apace
(5) Elementary schools and middle schools - 1.
parking space for each classroom and
administrative office and 1 apace for each
employee and 1 apace for each bus assigned to
that school
(6) High Schools - 1 parking apace for each
twenty (20) students for which the building
was designed, plus one (1) parking apace for
each classroom and administration office
(7) Junior colleges, colleges and universities-
( parking space for every 2 students, based
upon the maximum number of students attending
classes on the premises at any one time
during any 24 -hour period
(8) Kindergarten and day nurseries - 1 parking
space for each 10 children that attend, plus
1 space for each employee
(9) Stadiums - I parking apace for each 4 seats
in the stadium
(10) Public or private clubs and community
centers - 1 parking apace for each 200
square feet of gross floor apace
(11) Public utility buildings - 1 parking apace
for each employee
(12) Libraries - 1 apace for each 4 seats
provided for patron use
(13) Golf course - each hole - 4 spaces
C. Business Uses
(1) Tourist homes, motels, or motor courts -1
parking apace for each room to be rented,
plus 1 additional parking space for each 3
employees
(2) Hotels - 1 parking apace for each room to be
rented, plus an additional parking space for
each 3 employees, plus such additional
parking spaces as may be required for
commercial or business uses located in the
same building
(3) General or professional offices - 1 parking
space for each 200 square feet of gross floor
space, plus 1 space for each 2 employees
(4) Service stations - 5 parking spaces for each
grease rack and 5 parking spaces for each
wash rack
(5) Bowling alleys - 2 parking spaces for each
alley, plus 1 apace for each 300 square feet
of gross floor space for affiliated uses such
as restaurants, bars, and the like
(6) Restaurants - 1 space for each 4 seats, plus
1 apace for each 2 employees
(7) Shopping centers - parking spaces for
individual uses therein may be provided
collectively. Such parking apace shall be
provided on the basis of 6 spaces for each
1,000 square feet of gross floor space in the
center.
(6) Drive -in restaurant - 1 apace for each 4
seats, plus a minimum of 15 spaces in
service, plus 1 space for each 2 employees
(9) Theaters - 1 parking apace for each 4 seats
(10) Funeral homes - 1 space for each 4 seats in
the largest assembly room
(11) Retail uses not otherwise indicated - 1
parking apace for each 200 square feet of
gross floor space
D. Industrial and Wholesale uses
Industrial and wholesale uses - one parking space 73
for each employee on the largest shift
E. Other hoes
The number of parking spaces to be required in
special situations in which none of the above
conditions are applicable shall be determined by
the Board of Adjustments.
Section 2.0 Off - Street Loading Requirements
2.1 All uses and establishments commenced hereafter shall
Provide off - street loading space sufficient to allow
all loading and unloading of vehicles to take place
entirely within the property lines of the premises.
2.2 Loading bertha shall have the following minimum
dimensions: width - 12 feet; length - 55 feet; and
height clearance - 15 feet.
2.3 Such berths shall be designed, along with the means of
egress and ingress to such bertha, so as not to
interfere with the free, normal movement of vehicles
and pedestrians on public right -of -way.
2.4 The minimum number of off-street loading berths to be
provided by individual establishments shall be
according to the following schedule:
A. Retail and Service Establishment - One berth for
every 20,000 square feet of gross floor area; or
portion thereof, however, two or more adjoining
establishments with a total gross floor area of
less than specified herein shall be considered as
one establishment provision.
B. Office Buildinas. Hotels. a:td ('t_her Institutional
Uses - One .berth for every 50,000 square feet of
gross floor area or portion thereof.
C. Industrial and Wholesale Establishments - One
berth for every 10,000 square feet of gross floor
area, or portion thereof, up to 30,000 square
feet; one space for every 30,000 square feet of
gross floor area, or portion thereof- in excess of
the first 30,000 square feet of gross floor area.
2.5 The off - street loading apace provided as required by
this section shall be permanent space and shall not be
used for any other purpose.
2.6 A loading space requirement may be waived by the Board
of Adjustment on application due to 'a limited need for
loading space based on the nature of the building.
Article IX Sian Requirements
No type of exterior sign may be erected, posted, re- posted,
placed, replaced, hung, rehung, painted or repainted in any
district except in compliance with this Ordinance. Such signs
shall not require a sign permit as long as they conform to the
requirements stated below.
Section 1.0 Certain Classes of Signs Permitted in all Zon-
ing Districts
The following signs shall be permitted in all zoning
districts: Such signs shall not require sign permit as long as
they conform to the requirements stated below.
1.1 Official Government Siena - Such as traffic or similar
regulatory devices and legal notices
1.2 Identification Signs Not to exceed one (1) square
foot in display area hearing only addresses or names
of occupants of the premises and located on privately
owned property
1.3 Memorial Plaques - Such as cornerstones, historical
tablets, and similar devices
1.4 Instructional Siena - Erected on private property, not
to exceed six (6) square feet in display area, erected
strictly for the direction, safety or convenience of
the public, including signs which identify rest rooms,
parking area entrances or 'exits, freight entrances and
similar devices, warning danger and no trespassing
signs
�� 1.5 Flags or Emblems - Political, civic, philanthropic,
educational or religious organizations erected on
private property, provided that such flags or emblems
shall not exceed sixteen (16) square feet in size
1.6 "For Sale" or "For Bent" - Signa pertaining to realty '
on the premises offered for sale or rent, not
exceeding four square feet in area and not illuminated
- such a sign may be placed not closer to a front
Property line than ten (10) feet. There shall be a
limit of one such sign for each street abutting the
lot.
1.7 Church or Public Building Bulletin Boards and
Identification Siena - Lighted or unlighted shall not
exceed sixteen -(16) square feet in area. There shall
be a limit of one such sign for each street abutting
the lot.
1.8 Siang Advertising Agricultural Products Produced on
the Premises - Not to exceed sixteen (16) square feet
in area. There shall be a limit of one such sign for
each street abutting the lot.
1.9 Signs Identifying, by Name Only, Residential
Subdivisions, Planned Housing Developments or
Manufactured Home- Parks - These shall not exceed
sixteen (16) square feet in area. There shall be a
limit of one double -faced sign or two single faced
signs for each road or driveway entrance to the
development named . on the sign.
1.10 Signs Advertisino Only the Name. Time. and Place of any
Bona Fide Fair, Car�lival Featlyal Bazaar, Norse Show.
or Similar Event - When conducted by a public agency or
for the benefit of any civic, fraternal, religious or
charitable cause; provided that no such sign shall be
displayed in any residential district, except on the
Immediate site of the event to which it pertains; and
provided further, that all such signs shall be removed
within ten (10) days after the last day of the event to
which they pertain. '
1.11 Temporary Siena - Those giving information pertaining
to construction taking place on the lot, upon which the
sign is located - such signs will be removed prior to
issuance of a certificate of occupancy. Temporary
signs may be allowed provided said signs are not
erected more than 21 calendar days per year and not
larger than sixteen (16) square feet. - Temporary signs
shall not be illuminated. Said signs shall not be
closer to each other on the same property than 400
feet.
Bontion 9. .0 Maintenance
Whenever a sign becomes structurally unsafe or endangers the
safety of a building or the public, the Zoning Administrator
shall order that such a sign be made safe or removed. A period
of ten (10) days following receipt of said order by the person,
firm, or corporation owning or using the sign shall be allowed
for compliance.
Section 0 Illumination
Where Illuminated signs are permitted, they shall conform to
the following requirements:
3.1 All signs illuminated under the provisions of this
section shall be constructed to meet the requirements
of the National Electric Code,
3.2 Signs which contain, include, or are lighted by any
flashing, intermittent or moving lights are
prohibited, except those giving public information
such as time, temperature and date.
3.3 Illuminated signs shall be limited to these lighted
internally with glass or plastic faces bearing the -'
advertisement; provided, however, that exposed neon
tubing and exposed incandescent or other bulbs not
exceeding fifteen (15) watts each shall be permitted.
u.a JJfepiay lighting shall be shielded so as to prevent
direct rays of light from being cast into a residential 75
area or district and /or vehicles approaching on a
Public right -of -way from any direction,
3.5 Flame as a source of light is prohibited
ctfon 4.0 Setback Requirements
. Signs shall be set back at least ten (1(1) feet from any
Public right -of -way line or property line and shall be set back
at least fifty (50) feet from any road intersection, except those
erected for orderly traffic control and other municipal and
governmental purposes, or directional signs of leas than six (6)
square feet and referring only to organizations which are
nonprofit in character.
For the purpose of this Ordinance, the square feet area
shall be measured to include the entire sign, including lattice
work; fencing, or wall work incidental to its decoration. When a
sign consists of letters placed directly on a wall, building
surface, awning or marquee, or against open air (as when raised
above a marquee), there being no background to the letters save
the wall or surface itself, the area of the sign shall be that of
the smallest parallelogram within which all the lettering can be
included.
s
6.1 Continuation - All nonconforming signs existing oil the
effective date of this Ordinance may remain in place
subject to the following requirements:
A. No nonconforming sign shall have any changes made
in the words or symbols used or the message
displayed on - the sign unless the sign is
.specifically designed for periodic change of
message. However, this Ordinance shall not
prohibit the normal maintenance of signs to keep
them neat.
H. No nonconforming sign shall be structurally
' altered so as to change the shape, size, type, or
design of the sign, nor shall any nonconforming
sign be relocated.
C. No nonconforming sign shall be allowed to remain
after the activity, business or use to which it
. was related has been discontinued.
D. If a nonconforming sign is damaged In such a
manner that the estimated expense of repairs
exceeds sixty percent (60 %) of its replacement
value, the sign shall not be allowed to remain or
be repaired and must be removed.
6.2 Removal of Nonconforming Sign,
Upon failure to comply with any of the above
requirements, the Planning and Zoning Administrator
shall cause the removal of any nonconforming signs as
hereafter provided.
A. The Zoning Administrator or his designated agent
shall give the owner of the nonconforming sign
notice of the violation by first class mail.
Notice to the owner or the occupant of the
premises on which the sign is located shall be
sufficient. These notices shall contain a brief
statement of the particulars in which this Article
is violated and the manner in which such violation
Is to be remedied.
B. Failure to correct such violation within thirty
(30) days shall constitute a misdemeanor
punishable by a fine of not more than fifty
dollars ($50), or by imprisonment for not more
than thirty (30) days. Each day's continuing
violation Shall be a separate and distinct
offense.
C. In addition to or instead of the above penalties,
the County may apply to a court of justice for a
mandatory or prohibitory injunction and order of
' abatement directing the owner, occupant or
permittee to correct the violation In accordance
with G.S. 153A -123.
7.1 Any sign that obscures a sign displayed by public
authority for the purposes of giving traffic
instruction or direction or other public information. '
7.2 Any sign that uses the word "stop" or "danger" or
otherwise presents or implies the need or requirement
of stopping or caution or the existence of danger, or
which is a copy or imitation of or which for any reason
is likely to be confused with any sign displayed by a
public authority.
7.3 Any sign that obstructs any window, door, fire escape,
stairway, ladder, or opening intended to provide light,
air, ingress,, or egress for any building, as required
by law.
7.4 Any portable sign, including any sign displayed on a
vehicle when used primarily for the purpose of such
display; except, that this paragraph shall not apply
to temporary political signs.
7.5 Any sign that violates any provision of any law of the
state relative to outdoor advertising.
The Zoning Administrator shall issue a permit for the
erection or construction of an outdoor advertising or business
sign which meets the requirements of this Ordinance.
I
Applications for permits to erect, hang, place, paint, or
alter the structure of an outdoor advertising or business sign
shall be submitted on forma obtainable from the Zoning
Administrator. Each application shall be accompanied by a plan
showing the following:
9.1 Area of the county in which the sign is to be located
9.2 Size, character, general layout and design proposed '
for painted displays
9.3 The method and type of illumination, if any
9.4 The location proposed for such signs in relation to
property lines, and existing signs
9.5 If conditions warrant it, the Zoning Administrator may
require such additional information as will enable him
to determine if such signs are to be erected in
conformance with these regulations.
9.6 Applicants shall pay any administrative fee
established by the County at the time of the
application or request.
Section 10.0 Business Signs
Business signs shall be permitted on the premises of the
business in districts in which the principal use is permitted,
subject to the following limitations:
10.1 Slane for customary home occupations shall not exceed
six (6) square feet in display area.
10.2 Business signs shall not project more than one (1) foot
from any building wall or canopy.
10.3 If suspended from a canopy, the sign must be at least
eight (B) feet above the sidewalk, pavement or ground
level.
10.4 Signs shall have a total display area in square feet
per establishment no greater than one -half square foot
for each linear foot of building frontage, but in no '
case greater than 300 square feet.
10.5 Freestanding business signs ahall.be located behind the
property setback line. No free standing sign shall be
located in a required side yard or within ten (IU) feet
of the aide property line.
7'7
10.6 Display lighting of signs shall be shielded so as to
prevent the direction of such light into any structure
I used primarily for residential purposes. No
intermittent lighting effects shall be permitted on
signs.
aartign 11 0 OUtdogr Advrrtising Siang
Outdoor advertising signs shall be permitted in the
Commercial /Business District, and the Industrial District. Signs
will also be conditionally permitted in the RA -3U District. All
outdoor advertising signs shall be subject to the following
regulations:
11.1 Maximum Display Area - The maximum size of the display
area of outdoor advertising signs shall be 3U0 square
feet for single -face signs. Double faced signs shall
be prohibited.
11.2 Height Regulations - No outdoor advertising sign shall
exceed a height of thirty -five (35) feet measured from
ground level to the highest part of the sign structure.
The minimum height of the lowest portion of display
surface of said outdoor advertising sign shall be
elevated to a height of eight (8) feet from the ground
level.
11.3 Setbeigk Requirements - No outdoor advertising sign
shall be erected or maintained within 6U0 feet of the
nearest edge of the right -of -way of the interstate or
primary highways in Harnett County, except as allowed
by the North Carolina General Statutes. No sign shall
be located in a required aide yard or within ten (JU)
feet of the side property line.
11.4 Liahtina - Display lighting of signs shall be shielded
so as to prevent the direction of such light into any
structure used primarily for residential purposes. No
rotating, revolving, or intermittent lighting devices
shall be attached to or made a part of any outdoor
advertising sign.
11.5 Spacing - All outdoor advertising signs must be spaced
a minimum of 300 feet apart.
Article X Planned Unit Development
For purposes of this Ordinance, a planned development,
whether residential, commercial, industrial, or a planned unit
development (PUD) shall be a tract of land under single,
corporation, firm, partnership, or association ownership, planned
or developed as an integral unit, in a single development
operation or a definitely programmed series of development
operations and according to an approved Outline Development Plan
and a Preliminary Site Plan.
The purpose of planned developments is to encourage the
development of planned commercial, industrial, or residential
neighborhoods and communities that provide a full range of
residence types as well as certain commercial and office uses
designed to serve the inhabitants. It is recognized that only
through ingenuity, imagination and high quality design can
residential and 'other developments be produced which are in
keeping with the 'iitent 69 this Ordinance while departing from
the strict application of conventional use and dimensional
requirements of the several zwiing districts.
Section 2.0 Application Requirements
An application for a .Conditional Use Permit for a planned
development shall be accompanied by an Outline Development Plan
presenting the following information:
2.1 Proposed land uses, the location of various dwelling
types and dwelling unit densities, and the location of
all other proposed buildings and construction
2.2 Proposed primary traffic circulation pattern
2.3 Proposed parks, playgrounds, and other common open
space areas
2.4 Delineation of the unite or phases to be constructed
in progression
�� 2.5 Proposed means of dedication of common open space
areas and organizational arrangements for the
ownership, maintenance, and preservation of common
open space, .private streets,, and other common
facilities, including a copy of the homeowners or
property . owners association bylaws, if such I
organization is to be used
2.6 Relation of land uses in the surrounding area to the
land use plan
2.7 Impact on public services
2.8 Drainage, water, and sewage plane
2.9 Statement as to ownership of streets, alleys, and
responsibility for maintenance thereof
Section A 0 Conformity Plan
Site development within the planned development shall
conform to the Outline Development Plan and associated
requirements approved by the Planning Board as part of the permit
conditions. Modification of the Outline Development Plan and
associated requirements may be made by the Planning Board when
requested by the owner of the property.
Section 4.0 Internal
All main arteries, through streets and collector streets
internal to a planned development must meet all North Carolina
Department of Transportation requirements as to right -of -way and
construction standards.
$action 5,0 Zero Lot LS es
Where individual dwelling units, commercial units or
industrial units are to be sold in a single building and it is
desired to deed the land under the unit to the purchaser, such as
in the case of townhouses or patio homes, zero lot line lots may
be used, as long as the required yards are maintained around the
building.
Section 6.0 Planned Developments Not 1'sxemot '
A planned development must meet all requirements of this
Ordinance, as well as all other applicable ordinances, unless
expressly exempted by this Article.
Section 7.0 Residential Planned Developments
Residential planned developments shall consist of only
reeidential,uses and other uses as permitted by right in the
district In which located, except that in agricultural, single
family,. and two - family districts, multi - family buildings,
duplexes, or other buildings with common walls shall be
permitted, as long as at least — seventy -five (75) percent of the
dwelling . units meet .the single family or duplex requirements of
the district, and as long as all minimum yards are maintained
around each building.
Section 8.0 Commercial and Industrial Planned Developments
Commercial and industrial planned developments, such as
shopping centers and planned industrial parks shall contain only
those uses permitted by right in the district in which located,
unless a use listed as conditional is included in the planned
development conditional use permit. These developments may, but
are not required to use this procedure. The advantages are
greater freedom in design and the use of zero lot lines as
described in Section 5.0 above.
A minimum gross development size of ten (10) acres is
required. All other dimensional requirements shall be as in the
applicable district with the exceptions as defined below under
Density Bonus. Yards forming the outer boundary of a Planned
Unit Development shall be in compliance with the minimum
requirements of tine district. The only other exceptions to the '
dimensional requirements of the district is that zero lot lines
and modified lot dimensions are permissible so long as all
required yards are maintained around each building and around the
entire perimeter of the Planned Unit Development.
Qeccron ru.0 Venslt
Development area density she 11 be no greater than that
normally permitted for the district in which the PUD is to be
- located except as provided below. Development area density shall
be computed by subtracting fifteen percent (15 %) of the gross
' area (as an allowance for streets), plus all areas designated for
nonresidential purposes (such as schools, churches, and
commercial facilities) from the gross area and dividing the
remaining area by minimum conventional lot area requirements for
the zoning district in which the PUD is to be located.
33:GT�fJ[i��2aT3iFitT.7SRG
A Density Bonus not to exceed thirty -five percent (35 %) of
the number of dwelling unite permitted under the standard
applicable district regulations may be approved by the Planning
Board in accordance with the following ratios of Residential Area
to Common Open Space, In each case, the Planning Board must make
a finding that the development will result in a significantly
better environment than would otherwise have occurred in
accordance with the established permitted density. Tentative
application of the Density Bonus shall be included in the Outline
Development Plan for review and approval.
DENSITY BONUS SCALE
% of Residential A
to he Common Open Space % Density Bonus
10 -19 10
20 -29 15
30 -39 20
40 -49 25
50 -59 30
60 or more 35
Section 12.0 Cemmercial. Office, and Profegnional Fari]itie
Commercial, office, and professional facilities, when
permitted in a Planned Unit Development, shall be developed in
accordance with conventional requirements as outlined in this
Zoning Ordinance. In addition, they shall be subject to the
I- following requirements:
12.1 Such areas of specified size shall be planned as an
integral part of the Planned Unit Development.
12.2 Proposed uses are needed by and gauged primarily for
the service and convenience of residents of the Planned
Unit Development.
12.3 Commercial areas are permitted at a maximum ratio of
one (1) acre commercial area per one hundred (100)
dwelling units constructed and at increments of one -
half acre and fifty (50) dwelling units above the first
acre.
12.4 Such areas shall be so located and designed as to
provide direct access to a major street without
creating traffic hazards or congestion on other
streets.
12.5 The layout of parking areas, loading areas, entrances,
exits, yards, courts and landscaping, control of signs,
lightings, noise or other potentially adverse
influences shall be such as to protect the residential
character within and adjacent to the Planned Unit
Development and shall meet standard buffer
requirements.
12.6 Such establishments shall not by reason of their
location, construction, manner of timing or operations,
signs, lighting, parking arrangements or other
characteristics have adverse effects on residential
uses within or adjoining the district, or create
traffic congestion or hazards.
4 12.7 No building designed or intended to be used, in whole
I or in part, for commercial purposes shall be
constructed prior to the construction of less than
fifty percent (50 %) of the dwelling units proposed in
the plan, or construction of one hundred (100)
dwelling unite, whichever As smaller.
79
80 Section 13.0 Common Open Space
"Common Open Space" required in PUD's shall mean a parcel or
parcels of land or a combination of land and water within the
site designated for a Planned Unit Development designed and
intended for the use and enjoyment of residents of the proposed
development or for the general public, not including streets or
off - street parking areas, Common Open Space shall be
substantially free of structures, but may contain ouch
improvements as are in the plan as finally approved and are
appropriate for the benefit of the residents.
13.1 A minimum total area of 10% of the gross residential
area shall be set aside as Common Open Space in a
Planned Unit Development. Of this 10 %, a maximum of
one -half may be areas covered by water.
13.2 A maximum of 15% of the area designated to be Common
Open Space may be covered by structures clearly
auxiliary to the recreational use of the area. Such
structures may include tennis courts, pro Shope, club
houses, swimming pools, and the like.
13.3 The location, shape, and character of the Common Open
Space must be suitable for the proposed development.
13.4 Common Open Space shall be used only for amenity or
recreational (active or passive) purposes and shall be
dedicated to the County or remain in control of the PUD
through a Homeowners Association or similar means. The
uses authorized for the Common Open Space must be
appropriate to the scale and character of the
development.
13.5 Common Open Space must be suitably improved for its
intended use, but Common Open Space containing natural
features clearly worthy of preservation may be left
unimproved. The buildings, structures, and
improvements which are permitted in the Common Open
Space must be appropriate to the uses which are
authorized for the Common Open Space and must conserve
and enhance the amenities of the area having regard to '
its topography and unimproved condition.
13.5 All land shown on the Outline Development Plan as
Common Open Space must be conveyed under one of the
following options:
A. It may be dedicated to the County of Harnett for
public use. Any dedication must be formally
accepted1by the County to be valid. Nothing in
this Ordinance in any way obligates the County to
accept the dedication of any property.
B. It may be conveyed to the trustees provided in an
Indenture establishing an association of
homeowners. The Common Open Space must be
conveyed to the trustees subject to covenants and
easements to be approved by the Planning Board
which restrict the Common Open Space to the uses
specified on the plan, and which provide for the
maintenance of the Common Open Space in a manner
which assures Its continuing use for its intended
purpose. If the Common Open Space is deeded to a
Homeowners Association, the developer shall file a
declaration of covenants and restrictions that
will govern the association, to be submitted with
the application for approval.
C. The Common Open Space may be retained, operated,
and maintained by the PUD property owner or
developer if a legal document is submitted to the
County prior to the issuance of a building permit
binding in perpetuity the Common Open Space to be
used as such and to be maintained in an
appropriate manner. _If at any future date the
owner and operator of the Common Open Space and
its facilities wishes or is required to relinquish
control of such facilities, the Common Open Space
shall be conveyed as described above, dedicated to
the County for public use, or' sold with all
operating requirements and legal obligations still
binding. The Common Open Space shall forever be
part of the Planned Unit Development.
81
Orglion 14 C Site Planning
14.1 External Relatlonuhipa
Site planning in the proposed development shall
provide protection of the development from potentially
adverse surrounding influences, and protection of
surrounding area from potentially adverse influences
from the development. Consideration will be given to
the location of uses, buffers', setbacks, and street
deslgn,.and', arrangement"In the evaluation of the
relationship f the development to its surrounding
areas.
14.2 Internal:Helationships
A. Bervice and' Emergency Access, Access and
circulation shall be 'adequately provided for fire
fighting' "equipment, service deliveries, and refuse
collections
B. .- Underground Utilities: Planned Unit Developments
shall, provide for underground installation of
utilities, including telephone and power in both
public 'and private rights -of -way. Provisions
shall ' -be made for acceptable design and
construction of storm sewer facilities including
.grading, gutters, piping and treatment of turf to
.handle storm waters, prevent erosion, and
formation of dust.
C. Wave 'for. Pedestrians: Walkways shall form a
logical._ safe„ :.and conventional system for
- pedestrian access to all dwelling units, project
facilities . -and principal off -site pedestrian
destinations. Walkways to schools or other
destinations shall be so located and safe guarded
-as. to minimize contact with normal automotive
traffic. 'Street crossings shall be held to a
minimum.
Section 15.0 Homeowners for Property Owners)- Aasociatlona
In planned developments where any facilities, such as
streets, parking areas, common open space, recreational
facilities, and the like, are to be held and maintained in common
ownership, a Homeowners or Property Owners Association shall be
organized. A copy of the organizational papers and by -lawn shall
be submitted with the Outline Development Plan and shall be
approved as part of the Conditional Use Permit.
Provisions of the organization shall include, but not be
limited to the following:
15.1 The Homeowners Association shall be established before
the homes or units are sold.
15.2 Membership shall be mandatory for each buyer, and any
successive buyer.
16.3 The developer shall be responsible for all maintenance
and other responsibilities of the Homeowners
Association until -!sixty percent (60 %) of all units to
be sold are'eold -.
15.4 After sixty .percent (60 %), of all units are sold, the
Homeownere'Association shall levy assessments and take
over its responsibilities..
16.5 The developer, or development owner, shall pay all fees
levied by ,the. Homeowners Association just as any other
property owner for any remaining unsold property.
15.6 The Homeowners Association shall be responsible for
liability Insurance, payment of local taxes and
maintenance of recreational and other facilities.
' 15.7 Any sums levied by the Homeowners Association that
remain unpaid, shall become a lien on the individual
property.
15.8 The Homeowners Association shall be able to adjust the
assessment to meet changing needs.
g? -
Article XI Mining General Regulations
arrlign 1.0 Findings
Extraction of mineral resources is a basic and essential
industry which plays an important part in Harnett County economy.
While mining of crushed stone is presently the most important
mining activity in Harnett County, other mineral products can
become important to the economy of the County. Mining is a '-
peculiar land use in that the location of mineral deposits will,
in part, be determined only after exploration and discovery in
the future. Consequently, the precise location of zoning
districts wherein mining may take place cannot always be
predetermined. Mineral extraction involves several methods- -
quarrying, open -pit, drilling, tunneling, etc., each of which
affect a neighborhood environment differently.
Therefore, the Board of Commissioners concludes that
extraction of mineral resources should be encouraged; that the
fundamental purposes and procedures of zoning would be served
beat by adoption of general regulations governing mining, which
apply to all use- specific districts; that the Commissioners
should consider each location proposed to be mined to determine
whether, and under what conditions or safeguards they should
authorize mining by the issuance of Conditional Use Pei-mite.
Section 2.0 Statement of Purpose
The purpose of this section is to provide that:
2.1 No mining shall be commenced in Harnett County's zoning
jurisdictions until a conditional use permit has been
approved by the Harnett County Board of Commissioners.
2.2 Conditional use approval granted by the Commissioners
shall not become effective until a mining permit is
issued by the North Carolina Department of Natural
Resources and Community Development, Division of Land
Resources, Land Quality Section, or successor agency.
2.3 Mining may occur in any Harnett County zoning district '
for which mining is listed as a conditional use subject
to the terms and conditions of this Section and Article
VII - Conditional Uses. In keeping with Article VII,
Section 4.0 (4.3), the following guidelines shall be
used:
A. The operation will not constitute a substantial
physical hazard to a neighboring dwelling house,
school, church, hospital, commercial, or
industrial building, public road, or public
property.
B. The operation will not have a significantly
adverse effect on the purposes of a publicly -owned
park, forest, or recreation area.
2.4 A conditional use permit shall automatically expire if
at any time after its issuance the State Mining Permit
1s revoked or terminated.
Definitions as listed in the General Statutes of North
Carolina, as amended, (North Carolina Mining Act of 1971), shall
apply to this Sub - section.
u
4.1 Applicants for a conditional use permit shall submit to
the Harnett County Planning Department two (2) copies
of all documents required by the State of North
Carolina for a Mining Permit Application, the
Reclamation Plan, and any maps and charts accompanying
these documents. These document. shall be reviewed by
the Harnett County Board of Commissioners.
request for conditional use permits by first scheduling
a public hearing within 60 days after the application
is filed.
Section 5.0 Screenbia Standard
5.1 A visual screen of at least fifty percent (50 %) opacity
shall be established and maintained around that portion
of the mining site that is being excavated or being
used for the storage of minerals if required in writing
by property owners adjacent to the mining site. A copy
of said written request shall be submitted to the
permittee. Such screening is required only when such
areas are visible at eye -level at ground elevation, at
the time of permit issuance, from state- maintained
thoroughfares, publicly -owned areas which have been
maintained essentially in their natural state of
vegetation, residences and other buildings, but not
including accessory buildings or properties. When
excavated areas have been reclaimed in accordance with
the North Carolina Mining Act of 1971 as amended, and
Chapter 5 of the North .Carolina Administrative Code
Title 15, required artificial screening may be removed.
5.2 The visual screening requirements of Sub - Section 5.1
may bey exempted when:
A. The Planning Department determines that existing
vegetative cover will fulfill these requirements.
Such natural screening may consist of existing
vegetative cover including, but not limited to,
trees and shrubs having an opacity of not less
than fifty percent (50 %) at all seasons of the
year. Screeninig may also consist of earthen berme
or other artificial screens used individually or
in combination with each other and existing
vegetation 'to achieve a screening effect of at
least fifty percent (50 %) opacity during all
seasons of the 'year. Screening materials and
vegetatioin may .. be located in required buffer
areas. All berm and other artificial screens
requiring extensive land disturbance shall comply
with the North Carolina General Statutes.
B. It is determined that due to topographic, or other
circumstances where, through no fault of the
permittee, a fifty percent (50 %) opacity cannot be
provided.
Section 6.0 Vibration Standards
All mining activities in Harnett County shall conform to the
vibration policy adopted by the Land Quality Section of the North
Carolina Department of Natural Resources and Community
Development.
Section 7.0 flon-ConformIng Mini Minina Operation,
Mining operations begun prior to the adoption of the Zoning
Ordinance shall be allowed to continue as non - conforming uses
after that date. Mining operations for purposes of this section
are defined as those in operation or for which an application for
a mining permit has been made to the North Carolina Department of
Natural Resources and Community Development.
Article XII Board of Adjustment
ae,.N nn 1 n f:raat5na the Board of AdAustme
1.1 The Board of Adjustment is hereby created, which shall
consist of five (5) members, who shall be citizens of
Harnett County, North Carolina. These members shall be
appointed by the Board of County Commissioners for
staggered three year terms.
1.2 Initial appointment of the members shall be as
follows: One member for a term of three years, two
members for a term of two years, and two members for a
' term of one year. Vacancies shall be filled for
unexpired terms only. Members shall be removed for
cause by the Board of Commissioners upon written
charges and after a public hearing. The members of the
Board of Adjustment may receive for their services per
diem compensation the amount of which shall be fixed by
the County Board of Commissioners.
R
r.0 ine soars or naiustment anall elect one or its members
84 as chairman and another as vice- chairman and shall
appoint a secretary to keep minutes of its
proceedings. The Board shall adopt from time to time
such rules and regulations as it may deem necessary to
carry into affect the provisions of this section.
1.4 The Chairman of the Board of Adjustments is authorized '
in his official capacity to administer oaths to
witnesses in any matted coming before the Board. Any
member of the Board, while acting as chairman, shall
have and may exercise like authority.
1.5 All meetings of the Board shall be held at a regular
place and shall be open to the public. The Board shall
keep minutes of its proceedings, showing the vote of
each member upon each question, or if absent or failing
to vote, an Indication of such fact, and the final
disposition of appeals shall be by recorded resolution
indicating the reasons of the Board thereof, all of
which shall be a public record. -
1.6 A concurring vote of four - fifths majority of the Board
shall be necessary to reverse any order, requirement,
decision, or determination of the Zoning Administrator
or to grant a variance from the provision of this
Ordinance.
Section 2.0 Powers and Duties
The Board of Adjustment shall have the following powers and
duties:
2.1 Administrative Review
To hear and decide appeals where it is alleged there is
error in any order, requirement, decision, or
determination made by the Zoning Administrator in the
enforcement of this Ordinance.
2.2 Variance
To authorize upon appeal in specific cases ouch
variances from the terms of the Ordinance as will not
be contrary to the public interest where, owing to '
special conditions a literal enforcement of the
provisions of the Ordinance will, in an individual
case, result in practical difficulty or unnecessary
hardship, so that the spirit of the Ordinance shall be
observed, public safety and welfare secured, and
substantial justice done. The existence of a
nonconforming use on neighboring land, buildings, or
structures In the same district or of permitted or -
nonconforming uses in other districts shall not
constitute a reason for the requested variances. Such
variances may be granted in such individual case of
unnecessary hardships only upon findings by the Board
of Adjustment after a public bearing that the following
conditions exist:
A. There are extraordinary and exceptional
conditions Pertaining to the particular piece of
property in question because of its size, shape,
or topography that are not applicable to other
lands or structures in the same district.
B. Granting the variance requested will not confer
upon the applicant any special privileges that are
denied to other residents of the district in which
the property 1s located.
C. A literal interpretation of the provisions of
this Ordinance would deprive the applicant of
rights commonly enjoyed by other residents of the
district in which the property is located.
D. The requested variance will be in harmony with the -
purpose and intent of this Ordinance and will not
be injurious to the neighborhood or to the general
welfare.
S. The special circumstances are not the result of
the actions of the applicant.
F. The variance requested is the minimum variance
that will make possible the legal use of the land, '
building or structure.
Section 3.0 Filing and Notice of an Anneal
Appeals from the enforcement and interpretation of this
Ordinance and requests for variances shall be filed with the
Zoning Administrator specifying the grounds thereof. The Zoning
Administrator shall transmit to the Board of Adjustment all
applications and records pertaining to such appeals and
variances. The Board of Adjustment shall fix a reasonable time
for the hearing of appeal, giving notice to all participants by
first class mail. An appeal stays all proceedings in furtherance
of the action appealed from unless the Zoning Administrator
certifies to the Board of Adjustment that by reason of facts
stated in the record a stay would, in his opinion, cause eminent
peril to life and or property. In such a case proceedings shall
not be stayed other than by an order from the Harnett County
Superior Court.
Section 4.0 Fees for Variances or Appeals
The County Board of Commissioners shall set a fee, payable
to Harnett County, North Carolina, to cover the necessary
administrative costs and advertising of each application for a
variance or appeal. The set fee shall be posted in the County
Clerk's office.
Article XIII Change, and Amendments
The Harnett County Board of Commissioners may amend,
supplement, or change the text regulations and zoning district
lines according to the following procedures:
Section 1.0 Action by the Applicant
The following actions shall be taken by the applicant:
1.1 Initiation. of Amendment,
A. Proposed changes or amendments to the. Official
Zoning Map may be initiated by the County Board of
Commissioners, - Planning Board, Board of
Adjustment, or by the owner(s), or his agent, of
property within the area proposed to be changed.
B. Proposed amendments to the text of the Ordinance
may be initiated by any interested party.
1.2 Application
A. An application must be filed in the Planning
Office for any proposed map change or text
amendment. This application must cite the area on
the existing map or the portion of the existing
ordinance for which the change is requested.
B. This application shall be filed in the office of
the Zoning Administrator at least 25 days prior to
the Board of Commissioners meeting in which the
proposed amendment or map change will be
considered.
C. The County Board of Commissioners shall set a fee,
payable to Harnett County, North Carolina, to
cover the necessary administrative coats and
advertising of each proposed amendment or map
change application. The set fee shall be posted
in the County. Clerk's Office. The Planning Board,
Board of Adjustment, and Board of County
Commissioners shall be exempted from this fee.
Section 2.0 Action by the Plannina Board_
The Planning. Board shall consider and .make recommendation,
to the County Board .of Commissioners concerning each proposed
zoning district.. " The following '-policy guidelines shall be
followed by the Planning Board concerning zoning 'districts and
no proposed zoning district will receive favorable
recommendation unless:
2.1 The proposal will place all property similarly
situated in the area in the same category, or in
appropriate complementary. categories.
85
Permitted under the proposed district classification
would be in the general public interest and not merely
86 in the interest of an individual or small group.
2.3 There is convincing demonstration that all uses
Permitted under the proposed district classification '
would be appropriate in the area included in the
proposed change. (When a new district designation is
assigned, any use permitted in the district is
allowable, so long as it meets district requirements,
and not merely uses which applicants state they intend
to make of the property involved.)
2.4 There is convincing demonstration that the character
of the neighborhood will not be materially and
adversely affected by any use permitted in the
proposed change.
2.5 The proposed change is in accordance with the
comprehensive plan and sound planning principles.
Section 3.0 Action by the Board of County Commissioners
The County Board of Commissioners may from time to time as
they see fit, amend any provisions of thin Ordinance according to
the following procedure:
3.1 Notice of Public Hearing
No amendment or map change shall be adopted by the
County Board of Commissioners until and after public
notice and hearing. Notice of public hearing shall be
published in a newspaper of general circulation in the
county, at least once a week for two successive weeks
prior to the hearing, the first publication being not
lase than 15 days nor more than 25 days before the date
of the hearing. Notices shall also be made by posting
the property concerned and by sending notices by first
class mail to owners of the affected and surrounding
property. The Zoning Administrator shall be
responsible for mailing the notices and certifying that
the notices were sent.
3.2 Before taking such lawful action as it may deem '
advisable, the Comity Board of Commissioners shall
consider the Planning Board's recommendations on each
proposed zoning amendment or map change. If no
recommendation is received from the Planning Board
within 30 days after public hearing by the County Board
of Commissioners, the proposed amendment shall be
deemed to have been approved by the Planning Board.
Article XIV Administration and E nforcement
Section 1.0 Administration
The Harnett County Planner or his authorized agent shall be
the Zoning Administrator. The Zoning Administrator shall
administer and enforce this Ordinance.
If the Zoning Administrator shall find that any of the
provisions of this Ordinance are being violated, he shall notify
in writing the person responsible for the violation, specifying
the nature of the violation and what corrective measures must be
taken. The Zoning Administrator shall order the discontinuance
of illegal buildings, or structures or of additions, alterations,
or structural changes thereto; discontinuance of any illegal work
being done; or shall take other action authorized by law to
insure compliance with or to prevent violation of tl,e provisions
of the Ordinance.
Section 0 ZoninP Permit for New Altered r Temp rare Uses
After the adoption of this Ordinance, it shall be unlawful
to establish, move, or alter any use other than a bona fide farm
or obtain a permit from the Health Department unless a zoning
permit is applied for and issued by the Zoning Administrator.
A temporary zoning and building permit may be issued for a '
period not exceeding 180 days during alterations or partial
occupancy of a building pending completion or for bazaars,
carnivals, or religious revivals provided that such temporary ..
permits may require such conditions and safeguards as will
protect the safety of the occupants and the public.
The Zoning Administrator shall maintain a record of all
zoning permits and all building Permit..
Failure to obtain a zoning or a building permit shall be a
violation of the Ordinance and punishable under Article IV
Section 20.0 of this Ordinance.
Eection 4 0 ApplicaliQa Jgr Zoning and Btailding Permits
All applications for zoning or building permits shall be
accompanied by plans in triplicate, drawn to scale showing the
actual dimensions and shape of the lot to be built upon, the
exact sizes and locations on the lot of buildings already
existing, if any, and the location and dimensions of the proposed
building or alteration. A surveyed drawing is required for all
lots ten (10) acres or less. The application shall include such
other information as may be required by the Zoning Administrator
including existing or proposed uses of the building and land, the
number of families or rental units the building is designed to
accommodate, conditions existing on the lot, and such other
matters as may be necessary to determine conformity with, and
provide for the enforcement of this Ordinance.
One copy of the plans shall be kept by the Zoning
Administrator after he shall have marked such copy either as
approved or disapproved and issued a zoning permit. The second
copy of the plane, similarly marked, shall be retained by the
Environmental Health Section of the Health Department. The third
copy will be presented to the Building Inspector prior to
obtaining a building permit.
Section 5.0 Fees
The Board of Commissioners shall set a fee, payable to
Harnett County, North Carolina, to cover the necessary processing
coat of all permits. The set fee shall be posted in the County
Clerk's Office.
If the work described in any zoning permit has not begun
within 6 months from the date of issuance thereof, said permit
shall expire. If after commencement, the work is discontinued
for any period of 12 months, the permit shall immediately expire
and further work as described in the expired permit shall not
proceed unless and until a new zoning permit has been obtained.
Section 7-0 Construction and Use to be as Stated an Zoning
Permit
Zoning permits issued on the basis of plans and
applications approved by the Zoning Administrator authorize only
the use, arrangement, and construction set forth in such approved
plane and applications. Use, arrangement, or construction at
variance with that authorized shall be deemed a violation of this
Ordinance and punishable as provided by Article IV Section 20.0
of this Ordinance.
No new building or part thereof shall be occupied, and no
addition or enlargement of any existing building shall be
occupied, and no existing building after being altered or moved
shall be occupied, an no change of occupancy shall be made in any
existing building or part thereof, until the Building Inspector
has issued a certificate of occupancy. The change of occupancy
provision shall not apply to rooms intended for transient rental
or to re- rental of individual apartment rentals.
A temporary certificate of occupancy may be issued for a
portion or portions of a building" which may safely be occupied
prior to final completion and occupancy of the entire building.
Application for e- certificate of occupancy may be made by
the owner or his agent after all final Inspections have been made
for new buildings, or `in the case of existing buildings, after
supplying the information and data necessary to determine
compliance with this Ordinance.
� q
If a zoning Permit or certificate of occupancy is denied,
the applicant may appeal within 60 days the action of the Zoning
Administrator to the Board of Adjustment.
X6
It Is the intention of this Ordinance that (1) all questions
arising in connection with the enforcement of this Ordinance
shall be presented first to the Zoning Administrator and that (2)
such questions shall.be presented to the Board of Adjustment
only on appeal from the Zoning Administrator, and (3) that from
the decision of the Board of Adjustment, recourse shall be to the
courts as provided by law.
It is further the intention of this Ordinance that the Board
of Commissioners in connection with the Ordinance shall not
include the hearing and passing of disputed questions that may
arise In connection with the enforcement thereof, conditional
use, or repeal of this Ordinance.
Article XV Definitions
In the construction of this Ordinance, the definitions
contained ill this Article shall be observed and applied, except
when the content clearly indicates otherwise. In further
amplification and for clarity of interpretation of the context,
the following definitions of word usage shall apply:
- Words used in the present tense shall include the
future; and words used in the singular number shall
include the plural number, and tine plural the singular.
- The word "shall" is mandatory and not discretionary.
- The word "may" is permissive.
- The word "lot" shall include the words "piece ",
"parcel", and "plots "; the word "building" Includes all
structures of every kind regardless of similarity to
buildings; and the phrase "used for" shall Include the
phrases "arranged for ", "designed for ", "intended for ",
and "occupied for ".
Accessory Building or Dee is a building or use which is: '
- conducted or located on the same lot as the principal
building or use served, except as may be specifically
provided elsewhere in this Ordinance.
clearly incidental to, subordinate in purpose to, and
serves the principal use; and
either in the same ownership as the principal use or is
clearly operated and maintained solely for the comfort,
convenience, necessity, or benefit of the occupants,
employees, customers, or visitors of or to tine
principal use.
Alley is a public or private right -of -way primarily designed to
serve as secondary access to the side or rear of those properties
whose.principal frontage is on a street.
Apartment (See Dwelling, Multi- Family)
gillhosrd (See Sign, Outdoor Advertising)
Block is a tract of land bounded by streets, or by a combination
of streets and public parka, cemeteries, railroad rights -of -way,
shore lines of waterways or municipal boundary lines.
\.
811EEel: is a dense, evergreen hedge or solid fence or wall used to
enclose, screen, or separate certald uses as specified Su this
Ordinance. The design, composition, height, and location of such
facilities shall be approved by the Zoning Administrator and /or
Planning Board.
Building is a structure enclosed and isolated by exterior walls
constructed or used for residence, business, Industry or other
public or private purposes, or accessory thereto, and Including
tents, lunch wagons, dining cars, trailers, and similar
structures whether stationary or movable. '
E:
Bulldin in a building in which is conducted the
Principal use of the plot on which it is situated.
Business Establilabilleat. S Type is a commercial
enterprise that caters to the daily needs of residential
neighborhoods. Examples include laundromats, grocery stores, and
quick stops. Convenience business establishments shall not be
construed to encompass retail sales not geared toward
neighborhood convenience.
Club or Lodge. Private Se a non- profit association of persons,
who are bona fide members paying dues, which owns, hires, or
leases a building, or portion thereof; the use of such promisee
being restricted to members and their guests. The affairs and
management of such "private club or lodge" are conducted by a
board of directors, executive committee or similar body chosen by
the members.
Duplex is a residential use consisting of two dwelling units
within a single building oil a single lot.
Dwelling is a building, or portion thereof, designed or used
exclusively for residential occupancy, including single - family
dwellings, two family dwellings, and multiple - family dwellings,
but not including hotels or motels.
Duelling, Multiple-Family is a building containing three or more
dwelling units.
Dwellinn_. Single Family is a site -built structure containing one
dwelling unit only.
Dwellina Unit consists of one or more rooms which are arranged,
designed, or used as living quarters for one family only.
Individual bathroom(e) and complete kitchen facilities,
permanently installed, shall always be included for each
"dwelling unit ".
Family Care Home is a home with support and supervisory personnel
that provides room and board, personal care, and rehabilitation
services in a family environment for not more than six (6)
resident handicapped persons.
Floor Area (for determining off - street Parking and loading
reouirements) shall mean the sum of the gross horizontal areas of
the several floors of the building, or portion thereof Including
accessory storage areas located within selling or working space
such as counters, racks, or closets, and any basement floor area
devoted to retailing activities, to the production or processing
of goods, or to business or professional offices.
However, the "floor area" for the purposes of measurement for
off - street parking spaces shall not include: floor area devoted
to primarily storage purposes (except as otherwise noted herein);
floor area devoted to off - street loading or parking facilities,
including aisles, ramps, and maneuvering space; or basement floor
area other than area devoted to retailing activities, to the
production or processing of goods, or to business or professional
offices.
Frontage 1a the length of all the property fronting on one aide
of a street between the two nearest intersecting streets,
measured along the line of the street, or if dead ended, then all
of the property abutting on. one aide between an intersecting
street and the dead end of the street.
Home Occupation in any use, whether intended to produce income or
not, conducted entirely within a. dwelling and carried on by the
occupants thereof, whose use is clearly incidental and secondary
to the use of the dwelling for residence purposes and does not
change the character thereof, no more than one (1) assistant may
be employed by home occupations. Provided further, that no
mechanical equipment is installed or used except such that is
used for domestic or professional purposes, and that not over 50
percent of the total floor space of any structure is used for
home occupations.
Ugmeowners Associations or similar legal entities that are
M responsible for the maintenance and control of common areas shall
lV be established In such a manner that:
- Provision for the establishment of the association or
similar entity is made before any lot in the
development is sold or any building occupied; '
- The association or similar legal entity has clear legal
authority to maintain and exercise control over such
common areas and facilities;
- The association or similar legal entity has the power
to compel contributions from residents of the
development to cover their proportionate shares of the
costa associated with the maintenance and upkeep of
such common areas and facilities.
Motel Is an establishment which is open to transient guests, as
distinguished from a boarding, rooming, or lodging house, and is
commonly known as a hotel in the community in which it is
located; and which provides customary hotel services such as maid
service, the furnishing and laundering of linen, telephone and
secretarial or desk service, the use and upkeep of furniture, and
bellboy service.
Incompatible Use is a use or service which is unsuitable for
direct association and /or contiguity with certain other uses
because it is contradictory, incongrous, or discordant.
Industrial Park in a special or exclusive type of planned
industrial area designed and equipped to accommodate a community
of industries providing them with all necessary facilities and
services in attractive surroundings among compatible neighbors.
Industrial parka may be promoted or sponsored by private
developers, community organizations, or government organizations.
Junk shall mean scrap copper, braes, rope, raga, batteries,
paper, trash, rubber, debris, waste, or Junked, dismantled or
wrecked automobiles, or parts thereof, iron, steel, and other
scrap ferrous or nonferrous material.
Junkyard shall mean an establishment or place of business which
is maintained, operated, or used for storing, keeping, buying,
or selling junk, or for maintenance or operation of an automobile '
graveyard. Any lot containing more than 3 unregistered and non-
functional vehicles shall constitute a junkyard for the purposes
of this Ordinance.'
L21 is a parcel of land occupied or to be occupied by a main
building or group of main buildings and accessory building,
together with such yards, open spaces, lot width and lot area as
are required by this Ordinance.
Lot. Depth of is the average horizontal distance between front
and rear lot lines.
_ Lot. Width of is the average horizontal distance between the side
property lines.
Manufactured Nome is 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 mite; and (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; and (c) is over 32 feet long and over 8 feet wide;
and (d) is designed to be used as a dwelling and provides
complete, independent living facilities for one family, including
permanent provisions for living, sleeping, eating, cooking, and
sanitation; and (e) is actually being used, or is held ready to
use, as a dwelling.
Hotel is an establishment which Is open to transient guests, as
distinguished from a boarding, rooming, or lodging house, and Is
commonly known as a motel in the community in which it is
located; and which provides customary motel services 'including
parking for guests' vehicles.
Nonconfs2rmiag (1 a is a legal use of a building and /or land that
predates the adoption of these regulations end does not conform
to the regulations for the zone in which it is located. '
.�1
Of EQcreational Areas and Required Oven
Required recreational facilities and usable open space
shall be dedicated either to the County or to a
' - homeowners association or similar organization.
The person or entity identified as having the right of
ownership and control over such recreational facilities
and open space shall be responsible for the continuing
upkeep and proper maintenance of the same.
Homeowners association or similar entities responsible
for such facilities and open apace may not charge a fee
to make use of such areas. -
Planned Unit ney,lopment is a development constructed on a tract
Of at least ten (10) acres under single, corporation, firm,
partnership, or association Ownership planned and developed as a
integral unit, and consisting of a combination of principal uses
that could be combined only in a planned unit development.
Reaid Ulli-Faml]Y is a residential use consisting of
three or more dwelling unite located in one or more buildings on
the same lot, or attached or detached units on separate lots at
densities permitted only in multi - family zoning districts.
Setback Line - Front is the minimum horizontal distance between
the front line of a building or structure and the front property
line or right -of -way line.
Setback Line - Rear is the minimum horizontal distance between
the rear line of a building or structure and the rear property
line or right -of -way line.
Setback Line - Side is the minimum horizontal distance between
the aide line of a building or structure and the aide property
line or right -of -way line.
Shopping Center is two or more commercial establishments having
off - street parking and loading facilities provided on the
property and related in location, size, and type of shops to the
trade area which the unit serves.
' Sign Is an advertising device used to disseminate information
concerning a person, place, oi• thing.
Sign - Business in any sign which directs attention to a
business, profession, industry, or service located on the
premises where such sign is displayed.
Sign - Outdoor Advertising is any outdoor sign, display, light,
device, figure, painting, drawing, message, plaque, poster,
billboard, or any other thing which is designed, intended or need
to advertise or inform any part of the advertising or information
contents, to the public about a subject unrelated to the premises
upon which the sign is located.
Structure is anything constructed or erected, the use of which
required permanent location on the ground, or attachment to
something having a permanent location on the ground, including
advertising signs.
Townhome -For Sale are defined as attached housing unite
purchasable on a fee simple basis, oil individual lots meeting
minimum requirements and fronting on a dedicated street without
provisions for commonly -owned property controlled by a homeowners
association.
Townhouses differ from condominium developments in that no common
areas are required, so a homeowners association to govern
maintenance of such .areas (parka, open space, parking lots,
drives) is not required.
Travel Trailer is a trailer designed to be towed by an automobile
or similar vehicle for the purpose of vacationing or temporary
occupancy. It is not designed to be used as a permanent dwelling
unit.
Trades include any occupation requiring manual or mechanical
skills. Examples include beautician, mechanic, plumber, etc.
Unit Ownership Structure (Condominium) is any building or
structure in which unit ownership has been created by the owners
or co- owners of an express declaration of intent under the Unit
Ownership Act of Chapter 47A, N.0 General Statutes.
Usable Open pa. means an area that:
92 - Is not encumbered with any substantial structure;
- Is not devoted to use as a roadway, parking area (paved
or peripheral), or sidewalk;
- Is left in its natural or undisturbed state, if such a
state is compatible with use of the area or property
planted and landscaped. (Facilities for the pursuit of
passive types of recreation, such as picnic tables, are
permissible.)
Is capable of being used and enjoyed for purposes of
informal and unstructured recreation and relaxation;
and,
Is legally and practicably accessible to the residents _
of the development out of which the required open space
is taken, or to the public if dedication of the open
space is required.
Use in any continuous or continual occupation or activity taking
place upon a parcel of land including, but not limited to, the
location of tents, trailers, the storage of cars, machinery or
other materials.
_ Yard, Reeuired Frent is an open space on the same lot with a
building, between the minimum front setback line and the front
property or street right -of -way line extending across the full
width of the lot.
Yard. Required Side is an open, apace on the same lot with a
building between the minimum 'side setback line and side line of
the lot and extending from the front yard line to the rear yard
line.
Yard. Required Rear is an open space on the same lot with a
building between the minimum rear setback line and the rear line
of the lot and extending across the full width of the lot.
7NTY COMMISSIONERS .
Lloyd Stewart, Chairman
Bill Shaw, Vice- Chairman '
Rudy Collins -
Mack Reid Hudson
Mayo Smith
PLANNING BOARD
Casey Fowler, Chairman
Bay Daniels, Vice - Chairman
Theron Miller, Secretary
Thomas 'Farrar
Haywood Hall
Technical Assistance Provided by the
Harnett County Chief Planner
Carla Stephens
DULY ADOPTED THIS 18TH DAY OF JULY, 1988,
HARNETT COUNTY BOARD OF
COMMISSIONERS
BY:
1,10YA, tewart, Chairman
ATTEST: Vanessa You, Cie c