It is the intention of this chapter that:

   (A)   All questions arising in connection with the enforcement of this chapter shall be presented first to the Administrator;

   (B)   Such questions shall be presented to the Board of Adjustment only on appeal from the Administrator and within the time limits prescribed; and

   (C)   Any interested party may seek review of a decision of the Board of Adjustment in Superior Court in the nature of certiorari. Any appeal to the Superior Court shall be taken within 30 days after the decision of the Board of Adjustment.

(Ord. passed 10-17-2011)

   (A)   It is the intention of this chapter that the Board of Commissioners, in connection with the chapter, shall not include the hearing and passing of disputed questions that may arise in connection with the enforcement thereof or special use.

   (B)   The Board of Commissioner’s duties shall include:

      (1)   The hearing of vested rights requests;

      (2)   The hearing of amendments to the chapter text and the Zoning Map;

      (3)   The question of repeal of the chapter as provided by law; and/or

      (4)   The hearing of amendments to approved comprehensive and land use plan.

(Ord. passed 10-17-2011; Res. passed 11-16-2020)

   (A)   Establishment and procedure of Planning Board.

      (1)   The Planning Board shall have all the powers and authority granted by G.S. Chapter 160D and subsequent provisions of law and any other powers and duties so delegated by the Board of County Commissioners.

      (2)   There shall be a quorum of three members for the purpose of taking any official action required by this chapter.

      (3)   The Planning Board shall elect one of its members as Chairperson and another as Vice-Chairperson. It shall be the duties of the Chairperson to conduct the meetings, address the County Commissioners as needed, sign documents as required, and function as the liaison with the Planning Department staff. In the absence of the Chairperson, the Vice-Chairperson shall perform all duties of the Chairperson. At the regular meeting in January of each year, the Planning Board shall elect a Chairperson and Vice-Chairperson from its regular membership as the first order of business during its regular meeting. The term of office shall last for 12 months, beginning in January. Officers may serve consecutive terms. Any member who has served at least 12 months prior to the date of the elections is eligible to hold either office. Election of officers may be by secret ballot or by nomination and voice vote.

   (B)   Membership. The county’s Planning Board shall consist of five regular members and two alternates, for a total of seven members. Members shall be appointed by the county’s Commissioners with terms of office being set according to the rules of procedure for the Board of Commissioners (see division (C) below) as they may exist from time to time. Each commissioner district should be represented on the Planning Board by a regular member. Membership should be distributed throughout the county in as much as is practical. Alternates shall be designated as Alternate #1 and Alternate #2 and shall, when feasible, rotate service on the Board.

   (C)   Rules of procedure. The Board shall adopt rules and regulations as it may deem necessary to carry into effect the provisions of this section. These rules and regulations shall be designated in the by-laws of the county’s Planning Board, which shall be kept on file in the county’

   (D)   Powers and duties.

      (1)   Review and recommendation.

         (a)   Zoning map amendments to Official Zoning Map;

         (b)   Text amendments to this chapter;

         (c)   Text amendments to land use plan; and

         (d)   Prepare and make recommendations on plans, studies, and other items, as outlined in the by-laws of the county’s Planning Board.

      (2)   Final decision-making body.

         (a)   Appeals of the Development Review Board (DRB) and Subdivision Administrator, below, shall follow the same procedure outlined in § 153.279(C)(1);

         (b)   Appeal of Subdivision Administrator;

         (c)   Planned unit development (PUD) modification;

         (d)   Architectural standard design alternative;

         (e)   Parking landscaping plan alternative;

         (f)   Lighting standard plan alternative;

         (g)   Alternative buffers and screening plan;

         (h)   Office and institutional development plan; and

         (i)   Private streets and/or gated entrance review for standard subdivisions.

(Ord. passed 10-17-2011; Res. passed 4-16-2011; Res. passed 11-16-2020)

   (A)   Establishment of Development Review Board.

      (1)   This Board shall be officially known and cited as the Harnett County, North Carolina Development Review Board, although it may be referred to hereafter as the “DRB”, “this Board”, or the “Development Review Board”.

      (2)   The Development Review Board is enacted under powers granted by the state.

   (B)   Purpose and intent. The purpose and intent of the DRB is:

      (1)   To protect the character and the stability of the residential, business, and manufacturing areas within the county and to promote the orderly and beneficial development of such areas;

      (2)   To prevent the overcrowding of land and undue concentration of structures, so far as possible and appropriate in each district, and to provide adequate light, air, privacy, and convenience of access to property;

      (3)   To encourage innovative and quality new residential development so that growing demand for housing may be met by greater variety in type, design, and layout of dwellings and by conservation and more efficient use of open space ancillary to such dwellings;

      (4)   Encourage pedestrian and vehicular connections between residential neighborhoods and between residential neighborhoods and nearby employment centers, shopping, and community services, such as parks and schools;

      (5)   To encourage quality, nonresidential development that preserves and protects the character of the community, including its natural landscape, and that minimizes objectionable noise, glare, odor, traffic, and other impacts of such development especially when adjacent to residential uses;

      (6)   To encourage quality, single-family, and multifamily residential development that preserves and protects the character of the community, including its natural landscape, and that minimizes objectionable noise, glare, odor, traffic, and other impacts of such development especially when adjacent to residential uses; and

      (7)   To provide for a continuing, coordinated, and comprehensive review of the technical aspects of this chapter, and for the approval of certain technical aspects of development proposals.

   (C)   Membership.

      (1)   General membership.

         (a)   The Development Review Board shall consist of staff representatives from the following county departments:

            1.   Planning Department;

            2.   Public Health;

            3.   Public Utilities;

            4.   Fire Code Official’s Office;

            5.   E-911 Addressing Department; and/or

            6.   County Engineer.

         (b)   The general membership shall be responsible for reviewing, commenting, and voting on all technical aspects of applications for development submitted to the Board, taking into consideration the comments of advisory members, relevant to their area of expertise. In the absence of a DRB member, the completed staff report from the member’s department shall serve as the decision for such department.

         (c)   To perform any other related duties that the county’s Board of Commissioners may direct.

      (2)   Advisory membership.

         (a)   Depending upon the specific aspects of a development proposal, additional members of the DRB include representatives of the following agencies:

            1.   NCDOT;

            2.   North Carolina Department of Environment and Natural Resources;

            3.   Fort Bragg, Master Planning Division;

            4.   Parks and Recreation;

            5.   GIS/Land Records Department;

            6.   County Board of Education;

            7.   Private Utility Company(ies);

            8.   County Finance Department; and/or

            9.   County Legal Services.

         (b)   The advisory members shall review and comment on all technical aspects of applications for development submitted to the Board relevant to their area of expertise.

         (c)   The advisory members shall not vote on application appearing before the Development Review Board.

      (3)   Chairperson. The Chairperson of the DRB shall be a general member. The Board shall select an alternate Chairperson in the absence of the serving Chairperson. All authority granted to the Chairperson shall be carried over to the alternate Chairperson.

   (D)   Rules of procedure.

      (1)   Meetings.

         (a)   The Development Review Board shall establish standard meeting dates, times, and a standard meeting location. The schedule for each calendar year shall be published in the county’s Planning Office and be available for public access.

         (b)   The Chairperson may call for additional meetings or may cancel any meeting of the Development Review Board assuming that an announcement is made at the previous DRB meeting and good faith attempts are made to notify those who shall be present.

      (2)   Records. The DRB shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall also keep records of its hearings and other official actions.

      (3)   Review and approval.

         (a)   Complete applications or revisions shall be submitted to the Development Review Board via the county’s Planning Department.

            1.   The county’s Planning Department shall establish criteria for a complete application. Any change in requirements shall be posted in the Planning Department office no less than 30 days prior to enforcement.

            2.   The county’s Planning Department shall establish standard deadlines for complete applications. This information shall be made available to the public and shall be posted in the Planning Department office.

         (b)   When an application first appears before the Board, the petitioner, or his or her duly appointed representative, shall make a brief presentation about the development proposal and provide time for the general and advisory members to ask questions and state concerns.

         (c)   The petitioner shall be granted the opportunity to revise the application based upon the Development Review Board’s comments. The petitioner is encouraged to contact each member’s agency directly in regards to comments or concerns specifically relating to that members area of expertise.

         (d)   Once all comments have been exhausted, each general member shall vote to either approve, approve with conditions, hold, or deny an application.

            1.   Approve. To approve an application means to accept the development entirely as presented on the application.

            2.   Approve with conditions. To approve with conditions means to accept the development overall, but require minor changes between the time of approval and construction.

            3.   Hold. To hold an application means to find that the application does not conform to a number of existing regulations or development policies due to major changes that are required on the submittal. Any application placed on hold shall go through the DRB review process again once resubmittal is requested by the applicant.

            4.   Deny. To deny an application means to find that the application does not conform to the existing regulations or development policies, and/or the applicant is unwilling to conform to existing regulations or development policies. Any application that is denied shall go through the DRB review process as a new application once resubmittal is requested by the applicant.

         (e)   Any regular and special advisory members shall issue comments in writing on each development application to the Planning Department. These comments shall be forwarded on to the petitioner.

         (f)   The most restrictive vote that any DRB member renders shall be considered the final decision of the Board for an application.

   (E)   Powers and duties.

      (1)   Final decision-making authority. The DRB shall have final review and decision-making authority over the following types of applications and submittals:

         (a)   Major subdivision preliminary plans and plats;

         (b)   Major subdivisions final plans and plats;

         (c)   Neighborhood site plans;

         (d)   Community site plans;

         (e)   Regional site plans;

         (f)   Construction plan/drawing;

         (g)   Attached single-family development;

         (h)   Multifamily development; and

         (i)   Manufactured home parks.

      (2)   Appeals. The applicant may appeal the Development Review Board’s decision to the county’s Planning Board by following the procedures in §§ 153.300 through 153.304.

(Ord. passed 10-17-2011)

      (1)   The Chairperson of the Board of Adjustment is authorized in his or her official capacity to administer oaths to witnesses in any matter coming before the Board. Any member of the Board, while acting as Chairperson, shall have and may exercise like authority.

      (2)   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 decision of the Board 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.

      (3)   A concurring vote from the simple majority of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Administrator or to grant a special use permit.

      (4)   A concurring vote of four-fifths majority of the Board shall be necessary to grant a variance from the provision of this chapter.

   (B)   Membership.

      (1)   The Board of Adjustment is created, which shall consist of five members and six alternates, who shall all be citizens of the county. These members shall be appointed by the Board of County Commissioners for staggered three-year terms. Alternates shall also be appointed to three-year terms.

      (2)   The Board of Adjustment shall elect one of its members as Chairperson and another as Vice-Chairperson and shall appoint a secretary to keep minutes of its proceedings. The Board shall adopt such rules and regulations as it may deem necessary to carry into effect the provisions of this section. These rules and regulations shall be designated in the county’s Board of Adjustment by-laws, which shall be kept on file in the county’s Planning Department Office.

      (3)   Initial appointment of the members shall be as follows:

         (a)   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;

         (b)   Vacancies shall be filled for unexpired terms only; and

         (c)   Members shall be removed for cause by the Board of Commissioners upon written charges and after a public hearing.

         (d)   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’s Board of Commissioners.

   (C)   Powers and duties. The Board of Adjustment shall have the following powers and duties:

      (1)   Administrative review (appeal of the Administrator). The Board of Adjustment shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Administrator in the enforcement of this chapter with the exception of those decisions related to the subdivision regulations of this chapter, as well as decisions of the Development Review Board (DRB). Appeals from the enforcement and interpretation of this chapter shall be filed with the Administrator specifying the grounds thereof, within 30 days of the date the decision was made. The 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. The Board of Adjustment shall have the authority to waive penalties in cases where the Administrator’s decision is overturned or amended, and if the penalty was assessed during the time period allotted for appeal.

      (2)   Variance. To authorize upon appeal in specific cases such variances from the terms of the zoning and airport height control regulations contained within this chapter as will not be contrary to the public interest where, owing to special conditions a literal enforcement of the provisions of the chapter will, in an individual case, result in practical difficulty or unnecessary hardship, so that the spirit of the chapter shall be observed, public safety and welfare secured, and substantial justice done.

      (3)   Special use permits. The Board of Adjustment shall hear and decide to issue special use permits as prescribed in this chapter. Prior to the granting of any special use permit, the Board of Adjustment may stipulate, such conditions and restrictions upon the establishment, location, reconstruction, maintenance, and operation of the special use as it deems necessary to secure compliance with the standards and requirements specified herein. In all cases in which special use permits are granted, the Board of Adjustment shall require such evidence and guarantees as it may deem necessary as proof that the provisions of this section have been met. Procedures for special use permit hearings shall be found in §§ 153.300 through 153.304.

      (4)   Abandonment of special use permits. The Board of Adjustment shall have the authority to abandon a special use permit at the request of the permit holder, following the provisions of §§ 153.300 through 153.304.

      (5)   Revocation of special use permits. The Board of Adjustment shall have the authority to revoke a special use permit upon request, following the provisions of §§ 153.300 through 153.304.

      (6)   Watershed Review Board. The Board of Adjustment shall serve as the acting Watershed Review Board.

      (7)   Flood Damage Prevention Appeal Board. The Board of Adjustment shall serve as the acting Flood Damage Prevention Board.

(Ord. passed 10-17-2011; Res. passed 2-17-2014; Res. passed 11-16-2020)

   (A)   Establishment of Watershed Review Board. There is hereby created a Watershed Review Board which shall be the county’s Board of Adjustment, including its alternates, serving at the time of adoption of this chapter and its duly appointed successor Boards.

   (B)   Rules of procedure. The Watershed Review Board shall operate consistent with the adopted by-laws for the county’s Board of Adjustment.

   (C)   Powers and duties. The Watershed Review Board shall have the following powers and duties:

      (1)   Administrative review. The Watershed Review Board shall hear and decide appeals from any decision or determination made by the Administrator in the enforcement of this section;

      (2)   Variances. The Watershed Review Board shall have the power to authorize, in specific cases, minor variances from the terms of this section as will not be contrary to the public interests where, owing to special conditions, a literal enforcement of this section will result in practical difficulties or unnecessary hardship, so that the spirit of this section shall be observed, public safety and welfare secured, and substantial justice done. In addition, the Administrator shall notify and allow a reasonable comment period for all other local governments having jurisdiction in the designated watershed where the variance is being considered; and

      (3)   Special nonresidential intensity allocation (SNIA). The following criteria shall be used in determining whether a SNIA can be accepted by the Watershed Review Board. Projects shall:

         (a)   Minimize built-upon surface area;

         (b)   Direct stormwater away from surface waters; and

         (c)   Incorporate Best Management Practices (BMPs) to minimize water quality impacts.

(Ord. passed 10-17-2011)

   The Board of Adjustment, as established by the Board of Commissioners, hereinafter referred to as the Appeal Board, shall serve as the Appeal Board, and hear and decide requests for variances from the requirements of the Flood Damage Prevention regulations of this chapter. Any person aggrieved by the decision of the Appeal Board may appeal such decision to Superior Court, as provided in the state general statutes.

(Ord. passed 10-17-2011)

      (2)   Terms. HPC members shall serve overlapping terms of three years, and until their successors have been appointed. Initially, the Board of Commissioners shall appoint three regular members to a full term of three years and appoint two regular members to a two-year term. Alternate members shall be appointed to three-year terms. Thereafter, the Board of Commissioners shall appoint members to three-year terms. Any vacancy during the unexpired term of a member of the HPC shall be filled in accordance with the rules of procedure for the Board of Commissioners.

      (1)   Undertake an inventory of properties of historical, prehistorical, architectural, archaeological, and/or cultural significance.

      (2)   Recommend to the Board of Commissioners individual buildings, structures, sites, areas, or objects within its zoning jurisdiction to be designated by designation resolution as “historic landmarks,” and areas within its zoning jurisdiction to be designated by designation resolution as “historic districts.”

      (3)   Recommend to the Board of Commissioners that designation of any area as a historic district or part thereof, or of any building, structure, site, area, or object as a historic landmark, be revoked or removed for cause.

      (4)   Review and act upon proposals for alteration or demolition of designated landmarks and for alteration, demolition, or new construction within historic districts, pursuant to this section.

      (5)   Conduct educational programs on historic landmarks and districts within the county.

      (6)   Cooperate with state, federal and local governments in pursuing the purposes of this section. The Board of Commissioners or the HPC when authorized by the Board of Commissioners may contract with the state, or the United States of America, or any agency of either, or with any other organization, provided the terms are not inconsistent with state or federal law.

      (7)   Prepare and recommend the official adoption of a historic preservation element as part of the county's comprehensive plan, at the request of the Board of Commissioners.

      (8)   Acquire by any lawful means the fee or any lesser included interest, including options to purchase, to any historic landmarks, land to which historic buildings or structures may be moved, or properties located within historic districts; hold, manage, preserve, restore, and improve the interest; and exchange or dispose of the interest by public or private sale, lease, or otherwise, subject to covenants or other legally binding restrictions which will secure appropriate rights of public access and promote the preservation of the property. All lands, buildings, structures, sites, areas, or objects acquired by funds appropriated by the HPC, Board of Commissioners, or other county agency shall be acquired in the name of the Harnett County unless otherwise provided by the Board of Commissioners.

      (9)   Restore, preserve, and operate such historic properties.

      (10)   Enter, at reasonable times, upon private property designated as a historic landmark, within a historic district or under review for such designation and make examinations or surveys as necessary to the performance of its official duties. The HPC shall make a good faith attempt to notify the property owner(s) or his or her duly authorized agent prior to entry.

      (11)   Negotiate at any time with the owner(s) of a building, structure, site, area or object for its acquisition or its preservation, when such action is reasonably necessary and appropriate.

(Ord. passed 10-17-2011; Ord. 2023-27, passed 12-18-2023)

   Except as otherwise specifically provided, primary responsibility for administering and enforcing this chapter may be assigned by the County Manager to one or more individuals. The person(s) to whom these functions are assigned shall be referred to herein as the Administrator. The term “staff” or “Planning staff” may be used interchangeably with the term Administrator.

   (A)   Administrator. The Administrator shall have the authority to administer the provisions of this chapter, as listed herein.

      (1)   Zoning Administrator. The Manager of Planning Services, or his or her authorized agent, shall be the Zoning Administrator. The Zoning Administrator shall administer and enforce the zoning provisions of this chapter.

      (2)   Subdivision Administrator. The Manager of Planning Services, or his or her authorized agent, shall be the Subdivision Administrator. The Subdivision Administrator shall administer and enforce the subdivision provisions of this chapter.

      (3)   Water Supply Watershed Administrator. The Board of County Commissioners shall appoint a Watershed Administrator, who shall be duly sworn in, herein referred to as “Watershed Administrator” or “Administrator”. It shall be the duty of the Watershed Administrator to administer and enforce the provisions of this chapter as follows:

         (a)   The Watershed Administrator shall issue, or cause to be issued, watershed protection permits and watershed protection occupancy permits as prescribed herein. A record of all permits shall be kept on file and shall be available for public inspection during regular office hours of the Administrator;

         (b)   The Watershed Administrator or his or her designee shall serve as clerk to the Watershed Review Board;

         (c)   The Watershed Administrator shall keep records of the county’s utilization of the provision that a maximum of 10% of the non-critical area of WS III-BW watersheds may be developed with nonresidential development to a maximum of 70% built-upon surface area. Records for each watershed shall include:

            1.   The total acres of non-critical watershed area;

            2.   Total acres eligible to be developed under this option;

            3.   Total acres approved for this development option; and

            4.   Individual records for each project with the following information:

               a.   Location;

               b.   Acres of site plan;

               c.   Use;

               d.   Stormwater management plan as applicable; and

               e.   Inventory of hazardous materials as applicable.

         (d)   The Watershed Administrator is granted the authority to administer and enforce the provisions of this chapter, exercising in the fulfillment of his or her responsibility the full police power of the county. The Watershed Administrator, or his or her duly authorized representative, may enter any building, structure, or premises, as provided by law, to perform any duty imposed upon him or her by this chapter; and

         (e)   A description of all projects receiving a variance and the reason for granting the variance shall be submitted to the Environmental Management Commission on January 1 of each year.

      (4)   Communication tower regulations review. The county may, through contract, secure the professional services of telecommunications consultants to assist county staff in the implementation of the communication tower regulations of this chapter. Such professional, services include, but are not limited to:

         (a)   Review and evaluation of permit applications;

         (b)   Determination of compliance with existing and proposed federal regulations;

         (c)   Minimization of the aesthetic impact;

         (d)   Review of the technical data; and/or

         (e)   Expert testimony, as needed.

      (5)   Enforcement Officer. The Manager of Planning Services, or his or her authorized agent, shall be the Enforcement Officer, herein referred to as “Enforcement Officer”, “Administrator”, or “Zoning Inspector”. The Enforcement Officer shall administer and enforce the provisions of this chapter.

   (B)   Powers and duties. The Administrator shall have the following powers and duties, in addition to those items included in this section:

      (1)   Administration of the provisions of this chapter;

      (2)   Set forth procedure deemed necessary and appropriate to ensure this chapter is properly administered and enforced;

      (3)   Administrative review of alternative buffer and screening plan (see § 153.158(A)(6)(a));

      (4)   Administrative review of alternative prime views and open vistas (see § 153.157(B)(5)(e)); and

      (5)   Administrative variances.

(Ord. passed 10-17-2011) Penalty, see § 153.999

   The county, within its jurisdictional authority, shall serve as the review and approval body for additional ordinance, regulation, and policy relating to the departments listed herein. In no case shall inclusion of or reference to those ordinances or policies within this section be construed to intend that the county’s Planning Department be responsible for administration or enforcement of such.

   (A)   Register of Deeds. The county’s Planning Board shall file a copy of this chapter with the Register of Deeds of the county. The Register of Deeds shall not thereafter file or record a plat of a subdivision located within the applicable territorial jurisdiction of the county without the approval of the DRB and the County Commissioners, as required in this chapter. The filing or recording of a plat of a subdivision, without the approval of the DRB and the County Commissioners as required by this chapter, shall be null and void. The Clerk of Superior Court of the county shall not order or direct the recording of a plat where such recording would be in conflict with this section.

   (B)   Review Officer.

      (1)   Review Officer appointment. Pursuant to G.S. § 47-30.2, an appointed County Review Officer, shall review each map or plat required to be submitted for review prior to being submitted to the Register of Deeds office for recording.

(Ord. passed 10-17-2011; Ord. 2024-08, passed 3-18-2024)

   All matters of the courts shall be in accordance with local and state regulations.

(Ord. passed 10-17-2011)