2012/06/18 RESOLUTION AMENDING THE HARNETT CTY UDO Art III, Art IV, Art V, Art VIHARNETT COUNTY
NORTH CAROLINA
A RESOLUTION AMENDING THE
HARNETT COUNTY UNIFIED DEVELOPMENT ORDINANCE
WHEREAS, the Board of Commissioners of Harnett County adopted the UDO on October 17,
2011 for the purpose of promoting the health, safety, and general welfare of the county residents;
and
WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the
State of North Carolina, particularly G.S. 153A -340; and
WHEREAS, the UDO contains provisions for amending said ordinance and those provisions have
been followed; and
WHEREAS, the Harnett County Planning Board has reviewed the amendment to the articles of the
UDO as listed below and recommends the adoption of the following amendment.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
HARNETT COUNTY, NORTH CAROLINA that Article III "Development & Subdivision
Review, Permitting, & Approval Requirements", Article IV "Zoning & Overlay Districts ", Article
V "Use Regulations ", and Article VI "General Development Standards ", of the UDO shall be
amended to read as indicated in "Attachment ".
"Attachment" is filed with the Unified Development Ordinance in the Clerk to the Board's Office.
Duly adopted this 18`h day of June, 2012 and effective upon adoption.
HARNETT COUNTY BOARD OF COMMISSIONERS
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Timothy cNeill, Chairman `.��A .
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Marg 1 / t Regina a e Clerk to the Board ;vp� °1� T a 0.
ATTACHMENT 1
ARTICLE III. DEVELOPMENT & SUBDIVISION REVIEW, PERMITTING, &
APPROVAL REQUIREMENTS
Section 2.0 Permit Requirements
2.1 Temporary Land Use & Zoning Permit
2.2.2 Temporary Recreational Vehicles
A. A temporary land use and zoning permit for a recreational vehicle may be issued for a period of
180 days, renewable for an additional 30 days from staff, or longer as approved by the Board of
Adjustment if it is deemed reasonable to allow completion of work, when an existing or
proposed primary or secondary residence or commercial facihty is deemed uninhabitable due to
renovation or construction. Application shall be made for a temporary land use and zoning
permit before the use is initiated and not prior to application for a building permit for
construction of the primary or secondary residence or commercial facility. The temporary land
use and zoning permit shall expire 30 days after issuance of a Certificate of Occupancy (CO) for
the primary or secondary residence or commercial facility.
B. One (1) recreational vehicle or travel trailer may be parked on the rear or side vard of a lot where
a religious assembly structure is located and said recreational vehicle or travel trailer can be used
as living quarters by pastors, evangelists, missionaries, gospel singing groups, or church workers
affiliated with said religious assembly structure.
ARTICLE V: USE REGULATIONS
Section 10.0 Temporary Uses
10.4 Residence, Temporary
A. Where applicable, a temporary residence shall be permitted for a period of 180 days, renewable for an
additional 30 days from staff, or longer as approved by the Board of Adjustment, when an existing or
proposed primary or secondary residence, located on the same lot, is deemed uninhabitable due to
renovation or construction. Recreational vehicles (RVs) shall be allowed as a temporary residence
ARTICLE VI: General Development Standards
Section 2.0 Principle Buildings per Lot
2.1 Principal Buildings per Lot
Every building hereafter erected, moved or structurally altered shall be located on a lot. And in no case
shall there be more than one (1) principal budding and its customary accessory buildings on a lot except in
the following cases:
A. Multifamily residential developments, including condominiums, townhomes, planned unit
developments, and shopping centers as approved and permitted in accordance with this Ordinance.
B. One (1) secondary residence when placed in such a way that both the secondary and primary residences
meet all of the dimensional lot requirements of the applicable zoning district.
C. As expressly allowed as part of an approved conditional use permit for uses provided in the "Table of
Use Types & Regulations ", issued by the Harnett County Board of Adjustment, more than one (1)
principal building may be located on a lot.
ATTACHMENT
ARTICLE IV. ZONING & OVERLAY DISTRICTS
Section 14.0 DIMENSIONAL REQUIREMETNS
14.4 Nonresidential Zoning Minimum Dimensional Requirements
A. 1* shall mean the listed requirement stands unless adjacent property is zoned residential; then the
setback shall be 50 feet.
B. 2* shall mean the listed requirement stands unless adjacent property is zoned residential; then the
setback shall be 20 feet.
C. 3* shall mean that the listed requirement stands and applies to single family dwellings with exception
that when the single family dwelling yard is located adjacent to said rivers or creeks (listed below) the
yard requirement shall be as follows:
1. Minimum Yard for Cape Fear: 250 ft.
2. Minimum Yard for Black River: 150 ft.
3. Minimum Yard for other creeks: 100 ft.
D. 4* shall mean the listed requirement stands unless the lot is adjacent to an access easement and/ or
private street; then the setback shall be 15 feet.
E. UD shall stand for "Underlying Zoning District" meaning that, where indicated, the regulations of
the underlying zoning district shall prevail.
F. DP shall stand for "Development Plan" meaning that, where indicated, the regulations for the
specified item shall be stated in the required Development Plan.
ATTACHMENT 3
ARTICLE V. USE REGULATIONS
SECTION 4.0 ACCESSORY USES & STRUCTURES
4.5 Swimming Pools
A. Swimming pools shall comply with the latest and applicable version of the North Carolina State
Building Code for residential or commercial skimming pools, whichever is applicable.
B. Swimming pools as permitted uses shall be located only in side or rear yards at residences, and in
recreation areas at apartment complexes and manufactured home parks.
C. All swimming pools and surrounding deck areas shall be at least ten (10) feet from any property line,
right -of -way, or easement, whichever is closest to the proposed swimming pool location.
D. All buildings containing mechanical or chemical feeding equipment associated with the operation of a
pool shall be at least five (5) feet from any side or rear property line and shall comply with any other
setback requirements.
E. Any lighting associated with a swimming pool shall be shielded or located in a manner which will not
adversely affect adjoining property or impair visibility on adjacent streets, roads or highways.
F. A water discharge plan for the swimming pool shall be submitted with the permit application showing
property dimensions and other pertinent data; the water discharge plan shall show that the waste water
shall be discharged in one (1) of the following ways:
1. Waste water shall drain directly into the street storm drainage system, other public storm drainage
system, or roadway ditch; or
2. Waste water may be disposed of on the property without threat of discharge onto adjacent lots so
long as such does not constitute a threat of discharge onto adjacent property streets or roadways
ATTACHMENT
ARTICLE V. USE REGULATIONS
SECTION 6.0 EDUCATIONAL & INSTITUTIONAL USES
6.3.1 Daycare Facilities: Specific Regulations
Childcare Facility
Outdoor activity area(s) shall be enclosed by a security fence shall be located outside of the front
building setback as established by this Ordinance.
1. The fence or wall shall be made of any suitable and durable material that is intended
for a fence.
2. The fence or wall shall be designed so that a four inch (4 ") diameter sphere cannot
pass through any opening.
3. All gates and doors opening through such fence or wall shall have self - closing and
self - latching devices which keeps the gate or door closed at all times; however, the
door of any dwelling which furnishes part of the enclosure need not be so equipped.
4. Parking areas shall not abut fenced play areas without provisions for ballasts or
curbing.
Commercial Childcare Facility
Outdoor activity area(s) shall be enclosed by a security fence at least five (5) in height
and shall be located outside of the front building setback as established by this
Ordinance.
In -Home Childcare Facility
1. In no case shall any in -home childcare facility have more than that maximum number
of children allowable. Of that number, the following requirements must be met:
a) No more than five (5) pre- school -age children shall be cared for.
b) No more than eight (8) school -age children shall be cared for.
2. Childcare provider must live in the residence full-time.
3. Required outdoor activity area(s):
a) Shall be enclosed by a security fence at least four (4) feet in height;
b) Shall be located outside of the front building setback as established by this
Ordinance; and
c) Shall be the product of 75 square feet times 50% of the approved enrollment.
ATTACHMENT 5
ARTICLE V. USE REGULATIONS
SECTION 11.0 OTHER USES
11.4 Manufactured Home Park
11.4.1 General Provisions
P. Recreational Vehicles
1. Park Model Recreational Vehicles
a. Parks with less than 20 spaces will be allowed one (1) park model lot and parks
with 20 or more spaces will be allowed two (2) park model lots.
b. These lots are to be used for temporary living quarters for recreation, camping,
travel, and seasonal use. The permit will be valid for one (1) year and renewable
by the Administrator or designee for one (1) year periods not to exceed three (3)
additional nears.
2. Recreational Vehicles (RV's)
The following provisions shall apply to RV's, except as defined elsewhere in this
Ordinance.
a. Park owner(s) shall be responsible for notifying Planning Department of intention to
use park lots for recreational vehicles (RVs).
i. Revised site plan shall be submitted for review and approval by Development
Review Board, as required elsewhere in this Ordinance, prior to establishment
of use.
ii. In addition to site plan requirements in Subsection "New Manufactured
Home Park Site Plan" of Article III "Development & Subdivision Review,
Permitting, & Approval Requirements" of this Ordinance, site plan shall
indicate park lots to be designated for said use.
ATTACHMENT 6
ARTICLE VII. DEVELOPMENT DESIGN GUIDELINES
Section 10.0 Sign Requirements
10.2.1 General Sign Setbacks
No sign may be located in, or overhang into, any public right -of -way except as permitted and erected
by the North Carolina Department of Transportation. Signs shall be set back at least 10 feet from any
public right(s) -of -way line or property line. In cases where signs are placed at intersections, the
minimum setback shall be 20 feet as measured from each right -of -way line or property line in both
directions, except those erected for orderly traffic control and other municipal and governmental
purposes.
10.5 Lighting & Illumination
Where illuminated signs are permitted, they shall conform to the following requirements:
A. All signs illuminated under the provisions of this section shall be constructed to meet the
requirements of the National Electric Code.
B. Display fighting of signs shall be shielded so as to prevent the direction of such fight into any area or
structure used primarily for residential purposes, residential zoning district, and /or vehicles
approaching on a public right -of-way from any direction. No intermittent lighting effects shall be
permitted on signs.
C. Signs which contain, include, or are lighted by any flashing, intermittent, or moving lights are
prohibited, except as follows:
1. Illuminated signs shall be permitted to provide information such as time, temperature, date, and
public announcements related to the business on -site only.
2. Such signs shall be permitted only as part of an otherwise permitted sign or in conjunction with a
permitted replacement of an existing sign, provided that the illuminated portion shall be at least
15 percent (15 %) of the total square footage area of the sign and shall not exceed 35 percent
(35 %) of the total square footage area of the sign.
3. Messages on such signs shall not change more than seven (7) times per minute.. In no case shall
an animated presentation or animated change of frame be allowed.
4. Illuminated signs, as an addition to an existing sign, shall be comparable in composition,
durability, and workmanship to the existing sign.