09-16-2024 Agenda Packet BOCPERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
MEETING AGENDA
304 South Morgan Street, Room 215
Roxboro, NC 27573-5245
336-597-1720
Fax 336-599-1609
September 16, 2024
9:00 a.m.
This meeting will convene in Room 215 of the County Office Building.
CALL TO ORDER…………………………………………………. Chairman Powell
INVOCATION
PLEDGE OF ALLEGIANCE
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
PUBLIC HEARING:
ITEM #1 (pgs.3-10)
Consideration of Approval to Submit the FY26 Community
Transportation Program Application……………………………....... Mitch Fleig
ITEM #2
Consideration to Grant or Deny Approval to Submit the FY26
Community Transportation Program Application………………… Chairman Powell
INFORMAL COMMENTS
The Person County Board of Commissioners established a 10-minute segment
which is open for informal comments and/or questions from citizens of this
county on issues, other than those issues for which a public hearing has been
scheduled. The time will be divided equally among those wishing to comment.
It is requested that any person who wishes to address the Board, register with
the Clerk to the Board prior to the meeting.
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ITEM #3
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA
A.Approval of Minutes of September 3, 2024 (pgs.11-30),
B.Budget Amendment #6 (pg.31),
C.Budget Amendment #7 (pgs.32-35),
D.FY2025 ROAP Distribution Authorization (pgs.36-38),
E.Animal Services Fee Schedule Amendment (pgs.39-40), and
F.Public Records Request Policy Amendment (pgs.41-47)
NEW BUSINESS:
ITEM #4 (pgs.48-380)
Summary Presentation of the Person County Unified Development
Ordinance (UDO) …………………………………………………. Chris Bowley
ITEM #5 (pgs.381-395)
Animal Services Ordinance Amendment………………………… Kelli Lewis
ITEM #6 (pgs.396-418)
Resolution Authorizing Filing of Application for
Approval of a Financing Agreement
Authorized by NC General Statue 160A-20………………………. Katherine Cathey
ITEM #7 (pgs.419-424)
Proposal to Close a Portion of State Road 1333, Country
Club Road……………………………………………………………. Brandy Lynch
CHAIRMAN’S REPORT
MANAGER’S REPORT
COMMISSIONER REPORTS/COMMENTS
CLOSED SESSION #1
A motion to enter into Closed Session #1 per General Statute 143-318.11(a)(3) for the
purpose to consult with the county attorney in order to preserve the attorney-client
privilege with the following individuals permitted to attend: County Manager
Katherine Cathey, Clerk to the Board Michele Solomon, County Attorney T.C.
Morphis, Jr., and Economic Development Director Brandy Lynch.
Note: All Items on the Agenda are for Discussion and Action as deemed appropriate
by the Board.
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AGENDA ABSTRACT
Meeting Date: September 16,2024
Agenda Title: Public Hearing and Consideration of Approval to Submit the FY26 Community
Transportation Program Application
Summary of Information: A public hearing will be held to consider the FY26 Community
Transportation Program application for federal and state funding and commitment of local share
funds. A public hearing is required as part of the application process. This is an annual request.
The Community Transportation Program supports transportation programs operating in Person
County and provides transportation options and services for the communities within this service
area. These services are provided using ADA compliant raised roof vans and Light Transit Buses
(LTV’s) operated by the Person Area Transportation System (PATS).
PATS is requesting replacement of two LTV buses and one raised roof van in FY26. Due to
supply shortages, two vehicles are on order from FY23 funds. Three vehicles are on order with
FY24 funds.
The total estimated amount requested is for the period July 1, 2025 through June 30, 2026
NOTE: The local share amount is subject to State funding availability.
Project Total Amount Local Share
Administrative $208,260 $31,239 (15%)
Capital (Vehicles & Other) $353,000 $35,300 (10%)
TOTAL PROJECT $561,260 $66,539
Recommended Action: Recommend the Board of Commissioners hold the Public Hearing and
approve the local share in the amount of $66,539 for FY26.
Submitted By: Mitch Fleig, Public Transportation Director
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FY26 PUBLIC HEARING NOTICE
Last Updated: 04/01/2024
PUBLIC HEARING NOTICE
Section 5311 (ADTAP), 5310, 5339, 5307 and applicable State funding, or combination thereof.
This is to inform the public that a public hearing will be held on the proposed FY2026 Community
Transportation Program Application to be submitted to the North Carolina Department of Transportation
no later than October 4, 2024. The public hearing will be held on September 16, 2024 at 9:00 AM before
the (governing board) Person County Commissioners.
Those interested in attending the public hearing and needing either auxiliary aids and services under the
Americans with Disabilities Act (ADA) or a language translator should contact Mitch Fleig on or before
September 13, 2024, at telephone number 336-597-1771 or via email at mfleig@personcountync.gov.
The Community Transportation Program provides assistance to coordinate existing transportation
programs operating in Person County as well as provides transportation options and services for the
communities within this service area. These services are currently provided using demand response,
subscription, fixed route, and trip referrals. Services are rendered by ADA equipped vans and Light
Transit Vehicles by Person Area Transportation System.
The total estimated amount requested for the period July 1, 2025 through June 30, 2026.
NOTE: Local share amount is subject to State funding availability.
Project Total Amount Local Share
5311 Administrative
$ 208,260 $ 31,239 (15%)
Combined Capital
$ 353,000 $ 35,300 (10%)
TOTAL PROJECT $ 561,260 $ 66,539
Total Funding Request $561,260 Total Local Share $ 66,539
This application may be inspected at the Transportation Office, 303 S. Morgan St, Roxboro, NC from 8:30
AM to 5:00 PM Monday through Friday. Written comments should be directed to Michele Solomon, Clerk
to the Board at 304 S. Morgan St. Rm 212, Roxboro, NC before September 13, 2024.
End of Notice
Note: AN ORIGINAL COPY of the published Public Hearing Notice must be attached to a signed
Affidavit of Publication. Both the Public Hearing Notice and the Affidavit of Publication must be
submitted with the grant application.
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FY26 LOCAL SHARE CERTIFICATION FOR FUNDING Page 1 of 2
Last Updated: 04/01/2024
FY26 LOCAL SHARE CERTIFICATION FOR FUNDING
Person County
(Legal Name of Applicant)
Requested Funding Amounts
Project Total Amount Local Share**
5311 Administrative $ 208,260 $ 31,239 (15%)
5311 Operating (No State Match) $ $ (50%)
5310 Operating (No State Match) $ $ (50%)
Combined Capital $ 353,000 $ 35,300 (10%)
Mobility Management $ $ (10%)
5310 Capital Purchase of Service $ $ (10%)
ConCPT $ $ (50%)
Capital Cost of Contracting $ $ ( %)
Traveler’s Aid $ $ (50%)
__________________ $ $ (__%)
__________________ $ $ (__%)
__________________ $ $ (__%)
Funding programs covered are 5311, 5310, 5339 Bus and Bus Facilities, 5307 (Small fixed
route, regional, and consolidated urban-rural systems)
TOTAL $ 561,260 $ 66,539
Total Funding Requests Total Local Share
**NOTE: Applicants should be prepared for the entire Local Share amount in the event
State funding is not available.
The Local Share is available from the following sources:
Source of Funds Apply to Grant Amount
Local Funds 5311 Administrative $ 31,239
Local Funds Combined Capital $ 35,300
$
$
$
$
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FY26 LOCAL SHARE CERTIFICATION FOR FUNDING Page 2 of 2
Last Updated: 04/01/2024
$
$
TOTAL $ 66,539
** Fare box revenue is not an applicable source for local share funding
I, the undersigned representing (Legal Name of Applicant) Person County do hereby certify to
the North Carolina Department of Transportation, that the required local funds for the FY2025
Community Transportation Program and 5307 Governors Apportionment will be available as of
July 1, 2025, which has a period of performance of July 1, 2025 – June 30, 2026.
_________________________________________
Signature of Authorized Official
Katherine Cathey County Manager
Type Name and Title of Authorized Official
Date
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FY26 PROGRAM RESOLUTION Page 1 of 2
Last Updated: 04/01/2024
PUBLIC TRANSPORTATION PROGRAM RESOLUTION
FY26 RESOLUTION
Section 5311 (including ADTAP), 5310, 5339, 5307 and applicable State funding, or
combination thereof.
Applicant seeking permission to apply for Public Transportation Program funding, enter into
agreement with the North Carolina Department of Transportation, provide the necessary
assurances and the required local match.
A motion was made by (Board Member’s Name) and seconded by (Board Member’s
Name or N/A, if not required) for the adoption of the following resolution, and upon being
put to a vote was duly adopted.
WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the
Governor of North Carolina have designated the North Carolina Department of
Transportation (NCDOT) as the agency responsible for administering federal and state
public transportation funds; and
WHEREAS, the North Carolina Department of Transportation will apply for a grant from
the US Department of Transportation, Federal Transit Administration and receives funds
from the North Carolina General Assembly to provide assistance for rural public
transportation projects; and
WHEREAS, the purpose of these transportation funds is to provide grant monies to local
agencies for the provision of rural, small urban, and urban public transportation services
consistent with the policy requirements of each funding source for planning, community
and agency involvement, service design, service alternatives, training and conference
participation, reporting and other requirements (drug and alcohol testing policy and
program, disadvantaged business enterprise program, and fully allocated costs
analysis); and
WHEREAS, the funds applied for may be Administrative, Operating, Planning, or Capital
funds and will have different percentages of federal, state, and local funds.
WHEREAS, non-Community Transportation applicants may apply for funding for
“purchase-of-service” projects under the Capital Purchase of Service budget, Section
5310 program.
WHEREAS, (Legal Name of Applicant) Person County hereby assures and certifies that
it will provide the required local matching funds; that its staff has the technical capacity to
implement and manage the project(s), prepare required reports, obtain required training,
attend meetings and conferences; and agrees to comply with the federal and state
statutes, regulations, executive orders, Section 5333 (b) Warranty, and all administrative
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FY26 PROGRAM RESOLUTION Page 2 of 2
Last Updated: 04/01/2024
requirements related to the applications made to and grants received from the Federal
Transit Administration, as well as the provisions of Section 1001 of Title 18, U. S. C.
WHEREAS, the applicant has or will provide all annual certifications and assurances to
the State of North Carolina required for the project;
NOW, THEREFORE, be it resolved that the (Authorized Official’s Title)* County
Manager of (Name of Applicant’s Governing Body) Person County is hereby authorized
to submit grant application (s) for federal and state funding in response to NCDOT’s calls
for projects, make the necessary assurances and certifications and be empowered to
enter into an agreement with the NCDOT to provide rural, small urban, and urban public
transportation services.
I (Certifying Official’s Name)* (Certifying Official’s Title) do hereby certify that the
above is a true and correct copy of an excerpt from the minutes of a meeting of the (Name of
Applicant’s Governing Board) duly held on the day of , .
Signature of Certifying Official
*Note that the authorized official, certifying official, and notary public should be three
separate individuals.
Seal Subscribed and sworn to me
(date)
Notary Public *
Printed Name and Address
My commission expires
(date)
Affix Notary Seal Here
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FY26 PUBLIC HEARING RECORD
Last Updated: 04/01/2024
PUBLIC HEARING RECORD
Important – A public hearing MUST be conducted whether or not requested by the Public.
Section 5311 (including ADTAP), 5310, 5339, 5307 and applicable State funding, or combination
thereof.
APPLICANT: Person County
DATE: September 16, 2024
PLACE:
TIME:
How many BOARD MEMBERS attended the public hearing?
How many members of the PUBLIC attended the public hearing?
Public Attendance Surveys
(Attached)
(Offered at Public Hearing but none completed)
I, the undersigned, representing (Legal Name of Applicant) do hereby certify to the North
Carolina Department of Transportation, that a Public Hearing was held as indicated above and
During the Public Hearing
(NO public comments)
(Public Comments were made and meeting minutes
will be submitted after board approval)
The estimated date for board approval of meeting minutes is:
Signature or Clerk to the Board
Printed Name and Title
Date
Affix Seal Here
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FY26 VOLUNTARY TITLE VI PUBLIC INVOLVEMENT
Last Updated: 04/01/2024
VOLUNTARY TITLE VI PUBLIC INVOLVEMENT
Title VI of the Civil Rights Act of 1964 requires the North Carolina Department of
Transportation (NC DOT) to gather statistical data regarding participants and
beneficiaries of the agency’s federal-aid programs and activities. NC DOT collects
information on race, color, national origin and gender of the attendees to this public
meeting to ensure the inclusion of all segments of the population impacted by a proposed
project.
NCDOT wishes to clarify that this information gathering process is completely
voluntary and that you are not required to disclose the statistical data requested to
participate in this meeting. This form is a public document used to collect data, only.
The completed forms will be held on file at the North Carolina Department of
Transportation. For Further information regarding this process please contact the
NCDOT Title VI Program at telephone number 919.508.1808 or email at
titlevi@ncdot.gov.
After completing this form, please fold and place it inside the designated box on the
registration table.
Thank you for your cooperation.
Project Name: Date:
Meeting Location:
Name (please print)
Gender:
Male Female
General ethnic identification categories (check one)
Caucasian Hispanic American American Indian/Alaskan Native
African
American
Asian/Pacific Islander Other:
________________________
Color: National Origin:
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September 3, 2024
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PERSON COUNTY BOARD OF COMMISSIONERS September 3, 2024
MEMBERS PRESENT OTHERS PRESENT
Gordon Powell Katherine M. Cathey, County Manager
C. Derrick Sims Michele Solomon, Clerk to the Board
Kyle W. Puryear T.C. Morphis, Jr., County Attorney
Charlie Palmer
Jason Thomas
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Tuesday September 3, 2024 at 6:00 p.m.in the Commissioners’
Boardroom 215 in the Person County Office Building located at 304 S. Morgan Street,
Roxboro, NC.
Chairman Powell called the meeting to order. Chairman Powell offered an
invocation, and Commissioner Palmer led the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Puryear and carried 5-0 to approve the
agenda with the addition of the following two items of new business: Item #5 A Resolution
Setting a Public Hearing for Closure of a Portion of SR 1333 Country Club Road, and Item
#6 The Fourth Amendment to the Option Agreement between the Wagstaff’s and Person
County.
PUBLIC HEARING:
CONSIDERATION OF APPROVAL OF PRIVATE ROADWAY BRATTA FARM
DRIVE TO BE ADDED TO THE DATATBASE FOR E-911 DISPATCHING
A motion was made by Commissioner Puryear and carried 5-0 to open the duly
advertised public hearing for Consideration of Approval of Private Roadway Bratta Farm
Drive to be added to the Database for E-911 Dispatching.
GIS Director Sallie Vaughn stated that the owners of four parcels of land along an
access easement are adding dwellings. She stated that when a third home gets added to a
private driveway, it is required to name that driveway by the County Ordinance regulating
addresses and road naming in Person County. She stated that the family came up with and
agreed upon the name of Bratta Farm Drive. She stated that the name is consistent and
compliant with the Person County Ordinance.
There were no individuals appearing before the Board to speak in favor of or in
opposition to the Consideration of Approval of Private Roadway Bratta Farm Drive to be
added to the Database for E-911 Dispatching.
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September 3, 2024
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A motion was made by Vice Chairman Sims and carried 5-0 to close the public
hearing for Consideration of Approval of Private Roadway Bratta Farm Drive to be added
to the Database for E-911 Dispatching.
CONSIDERATION TO GRANT OR DENY CONSIDERATION OF APPROVAL
OF PRIVATE ROADWAY BRATTA FARM DRIVE TO BE ADDED TO THE
DATABASE FOR E-911 DISPATCHING
A motion was made by Vice Chairman Sims and carried 5-0 to approve Private
Roadway Bratta Farm Drive to be added to the Database for E-911 Dispatching.
INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Andrea Childers of 270 Blackberry Lane, Rougemont stated that she has been a
resident of Person County for almost 32 years. She stated that she and her husband watched
the movie Dark Waters last week. She stated that this was a good movie, that she would
recommend the Board to watch and educate themselves. She stated, then after watching the
movie, to ask themselves how many times in our nation’s history must corporations teach
our government at all levels, local, state, and federal, that they cannot be trusted to regulate
themselves. She stated that before this lesson is learned, the only thing corporations care
about is their bottom line, making the largest profit that is possible. She stated that they care
nothing about being a good corporate neighbor, nothing about the health and safety of the
communities in which they set up shop, and they care nothing about the environment that
they are polluting. She stated that Dominion cares nothing about Person County. She stated
that the only thing that Person County can do is set up air monitors at both ends of the
County to ensure that the air that we are breathing is not poisoning us, our friends, and our
loved ones. She referenced two articles, the first, an article from The News and Observer,
written by Adam Wagner, titled “Is Dominion underestimating the toxic air pollution from
its proposed NC gas storage site?”, the second, an article from the Appalachian Voice,
written by Lara Howell, titled” Community Outcry in Person County: Concerns rise over
proposed liquefied methane storage facility”.
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September 3, 2024
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DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Palmer and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of August 19, 2024,
B. Budget Amendment #5, and
C. Resolution Ratifying Extension of an Option and Purchase Agreement
NEW BUSINESS:
ALS360 (FIRE COMPONENT) PROPOSAL FOLLOW-UP
County Manager Katherine Cathey stated that on August 22, 2024 the Fire Chief’s
Association met with Vice Chairman Sims present as well as Emergency Services Director
Thom Schwalenberg, EMS Division Chief Heather Chandler, and two representatives
from each department. She stated that during the meeting, they discussed the fire
component of the ALS360 program that we have been reviewing for several months. She
stated that a vote was taken at the meeting, with the Chiefs voting in favor of using fire tax
funds to support the ALS360 program with seven departments voting for the proposal and
two voting against it. She stated that after the vote, each department made requests for the
equipment that they felt would best meet the needs of the citizens they serve. She stated
that the requests were driven primarily by geography of their districts and standardization
of their fleet. She stated that the original proposal provided the Board with a
recommendation for two AED’s and one LUCAS device for each department. She stated
that after the fire department submitted their request, it did increase the total requested by
four AED’s and four LUCAS devices. She stated that the seven departments who voted in
favor of, have all requested equipment. She stated that Timberlake Volunteer Fire and
Rescue did not vote in favor of participating in the program, therefore there is no
equipment included for that department. She stated that Roxboro-Person County Rescue
Squad also voted in opposition of the program, stating that they act as a support agency
that arrives on scene after the fire departments are already there, and for them to have a
LUCAS device would not provide an added benefit since the fire departments on scene
would likely have the device already there with them. She stated that they have recently
updated their AED’S and did not state a need for additional machines.
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September 3, 2024
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The following table represents the new equipment that each department is requesting:
Department AED LUCAS
Allensville VFD 2 1
Ceffo VFD 4 2
Hurdle Mills VFD 4 2
Semora VFD 2 1
Triple Springs VFD 4 2
Moriah VFD 4 2
Roxboro FD* 0 3
Timberlake VFR 0 0
Roxboro-PC Rescue Squad** 0 0
Total 20 13
* Roxboro FD recently purchased 7 LP1000 AED’s for their agency. These AED’s
would be moved under the County maintenance plan for consistency, data and asset
management and performance improvement.
** Rescue recently upgraded their AED’s and stated they are a support agency that
responds into a fire district to support a department already on scene, so they felt
having a LUCAS would not provide an additional benefit. Their desire was instead to
focus on specialty training and certifications that more closely align with their
primary mission.
Cathey stated that Stryker provided a revised quote that incorporates the additional
equipment requested. She stated that the total would be $113,206 annually., which is an
increase over the previous amount, which was $80,562. Chairman Powell stated that he
understood the reasoning for the rescue squad, and asked Cathey what was Timberlake’s
reason. Cathey replied, it is her understanding, as she was not present at the meeting, that
Timberlake did not provide a reason during their vote. Powell asked Cathey what happens
with Timberlake and their department since they voted in opposition and did not request
any equipment. Cathey stated that it is up to the Commissioners to decide. She stated that
the Board allocated the funding towards the program and before them this evening is for
consideration of what has been requested by the Fire Chief’s Association. She stated that
with one fire department not having that equipment, then it is not going to be readily
available by First Responders, who would be the first on the scene most of the time in that
part of the County in the Timberlake District, whereas, it would be available elsewhere in
the County with all the other departments who requested the equipment.
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September 3, 2024
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Cathey stated that as Commissioners, they could decide that this is a program that
they would like to make sure is available throughout the County and could fund the
equipment for Timberlake and work with them on implementing that part of the program,
or they could approve what has been requested without including Timberlake, or they
could choose not to move forward with the program. She stated that this is at the Board’s
discretion on how they wish to proceed.
Commissioner Thomas asked if there was a warranty on this equipment. Cathey
stated that this program is a ten-year program, and along with the program there is a
maintenance and service contract that is there for each piece of the equipment. She stated
that Stryker will come on-site to complete annual maintenance on the equipment and to
make repairs. She stated that the maintenance numbers are incorporated in the total annual
cost of $113,206. She stated that the plan covers the initial purchase of the equipment and
a refresh of the equipment over the ten-year period; therefore, it purchases a second piece
of equipment, so you are really getting two pieces of equipment. Vice Chairman Sims
asked if there was any extra cost for when Stryker comes to replace the equipment after
six years. Cathey stated that no extra costs would be incurred when it comes time to
refresh, which is covered under the plan as it is part of the program. Sims stated that he
had concerns with the contract, and asked what happens if the County decides to cancel
the contract three or four years in, what cost would the County have to pay. Cathey stated
that she does not have a specific number. She stated that as presented in a previous
program overview, one of the exit options is, before the ten years has expired, the County
could purchase the equipment at fair market value based on residual cost formula. Factors
to determine value would include age of equipment, condition of equipment, and market
influences. She stated that the County would be required to give Stryker ninety days’
notice. She stated that she completed some rough estimates of what that might look like,
and again it is unknown as to what the exact figure would be at any given point in time
because of factors that can change. She stated that if you look at the initial purchase,
specific to EMS, in that example, it would be purchasing $1.5 M worth of equipment. She
stated that if you just depreciate that, the lifespan is seven to eight years then you look at
that after two years, you are at around $1.36M, which is the fair market value, at four
years you would be at about $655K. She stated that if the County were to choose to exit
the program, they would be paying the fair market value for whatever equipment they
have at that time. Any damaged equipment that would have been replaced sooner than
expected would not have depreciated as much. She stated that there are other factors that
could influence it, such as adding to our fleet over time. Sims asked if the VFD’s would
need training on this device, and does it require EMT certification to operate it. Cathey
stated that she is not sure if it requires EMT certification. After confirming with
Schwalenberg, she stated that First Responders who are in the First Responders Program
can utilize this equipment and do not have to be EMT’s. Sims stated that if we have an
emergency situation and the VFD is first on scene, and they do not have this device, they
would have to do chest compressions until someone comes with the device. Cathey
verified that was correct, that without the device, manual compressions would have to be
done.
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September 3, 2024
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Cathey stated that each department has worked to identify who they typically have
on scene first and would likely have that person equipped with the LUCAS device. Sims
stated that some of the departments are requesting two of these devices, and he questions
how often they would use the device. He stated that his concern is that the VFD’s get the
devices and they sit in their vehicle for years and do not get used. He stated that the
County is putting a lot of money into this, and his concern is how often would the devices
get used. He stated that we certainly want to save a life and do not want to put a value on
it. He stated that with EMS, they are the ones that would be using the devices equipped on
their ambulances. Cathey stated that what she heard in the meeting that she attended, prior
to the August 22, 2024 meeting, was that for these departments that requested more than
one, it was because they have a substation, and the departments that have substations are
generally larger geographically, and by having two devices, that provides them a better
ability to be on scene quicker with one of those in the larger geographically spread-out fire
districts. She stated that there was discussion amongst them of not knowing how much this
would be put to use, but in the event that the need arises this could be a very useful piece
of life saving equipment, and a big asset. Sims stated that in that meeting a couple of
departments questioned the cost and how much we are actually paying with this program
versus if we just went out and bought it from another medical supply company. He stated
that he understands that there is a maintenance program where Stryker will come and
replace the devices and those sorts of things. He stated concerns about the replacement of
the batteries for the devices, as you can go to a medical supply store and get batteries for
$400, and through this program, it is $900. He stated that is a lot of money that the County
is committing to with this program, and as a County Commissioner, it is about the best
way to spend the money. He stated that he knows the VFD’s voted on this, and said they
wanted this program, and he hopes that three or four years down the road we are not
saying we should not have done this program. Sims stated that the reports that
Schwalenberg provided to him, some of the numbers that were given indicate eight years
on the LUCAS devices, and they have three LUCAS devices that are six years old and
three that are a year old. He asked are we going to be compensated somehow or are we
just going to go ahead and get all six new LUCAS devices. Cathey advised that there is a
trade-in value recognized as part of this program. Sims asked if it was a good trade-in, and
is it worth it. Cathey advised that she did not know the exact dollar figures on that.
Chairman Powell expressed concerns about the devices potentially not being used and
sitting on a shelf gathering dust. He asked how local are the technicians that would service
the equipment. Cathey advised that there is a local technician in Person County. Powell
stated that we have a lot of equipment, being requested and this is a significant investment
for the County. He referenced the Person County tax flyer insert that just went out to
taxpayers. He stated that the flyer shows the percentage of County funding, with Public
Safety being number one. He stated that this shows the dedication of this Board to Public
Safety and the safety of our citizens countywide. He stated that he would hate to see any
one or more departments separate and not be a part of a countywide effort to provide
consistent service to citizens countywide.
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September 3, 2024
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Powell asked does it ever happen where a call goes out and you have two
departments responding at one time. Cathey stated yes for structure fires you may see
more than one department responding. She stated that she is unsure about EMS calls.
Powell asked, would there be consistency among our volunteers to provide them with top
quality equipment and they all be on the same page with someone in each department, and
each section of the County that is familiar with, and has the training and ability to use this
equipment that we are considering buying. Commissioner Palmer stated that you have one
particular fire department right in the center of the County, and then you have Hurdle
Mills to our west, and Moriah to the east, both of which are approximately fifteen- to
twenty-minute drives, dependent upon how fast they go between there and Timberlake. He
stated that could be a disaster and feels that the County should provide Timberlake with
the equipment, whether they choose to use it or not. Commissioner Puryear asked Sims at
the meeting he attended, did Timberlake express why they do not want the equipment, and
do they already have it on hand. Sims stated that Timberlake just got AED’s, and did not
feel they needed the other AED’s. He stated that Timberlake did not think they would be
using the LUCAS device. He stated that when they arrive on scene, they would
immediately start CPR, doing chest compressions, and that sort of thing. He stated the
device is big and having to carry it around, where would it fit on their trucks that they
would be using is the impression he got from them as to why they do not want the
equipment. He stated that he thinks that Timberlake feels like that money could be spent
more wisely somewhere else. Puryear stated that Timberlake has the most calls and does
not understand why they do not want the equipment. He stated that the Fire Chief’s
Association requested the equipment, and if they feel as though those departments need
the equipment, who better to know the needs better than the departments themselves. He
stated it is a little puzzling to him about Timberlake. Sims stated that he understands what
Palmer was saying and getting at, but if Timberlake does not want the equipment, and are
not going to use it, then let’s do not waste the money by giving them the equipment that
they do not want and will not use. Sims stated that Timberlake already has AED’s and
does not want the LUCAS. He stated that he thinks that the Board could look at other
compensation for Timberlake, as they do not want to be involved in this program. Cathey
stated that the quote is to fund the program as requested by the Fire Chief’s Association,
and is the number of each device that has been requested by each individual fire
department, and would fund the program as a whole. She stated that it would go in the
Contracted Services line item, and there will not be a certain amount of funding allocated
to each department for equipment. She stated that part of the reason for standardizing the
equipment through the Stryker program, for example with the AED’s, the devices would
collect data in the same manner that the County AED’s collected data, the cords can be
unplugged from the pads on the AED that is attached to the patient when EMS shows up,
and we can connect our device to the pads. She stated the interrelationship and operability
of the equipment is an asset through this program. She stated that she thinks many of the
fire departments have purchased AED’s with grant funding, so they do have some newer
equipment that is not the same brand or the same specifications as this particular
equipment.
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September 3, 2024
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Cathey stated that the price difference was noted, as these are ruggedized, as they
are meant to be used in the field, and some of the AED’s out there in service are currently
past their service life or either not the same ruggedized quality that these would be. She
stated that this is the same as the AED’s in the County buildings, as they have been
acquired over many years, and consist of different models and ages. She stated that this is
an effort to standardize the equipment so that people are familiar with the same type, they
can be serviced together, and budgeted through this program. Powell stated how do you
handle this if one or more departments are not participating and you receive a 911 call. He
stated as he for one, would want someone trained and to be there promptly to take care of
him, and does not think anyone else would feel any differently. He stated that is what we
are doing here, providing Public Safety, and he is a little miffed as to why Timberlake
does not want to participate, but that is their call. He asked what kind of data sharing
would go along with these devices, for example with the hospitals, etc. Schwalenberg
stated that there are three data streams. The first data stream is asset management, which
would be able to track all of these assets across the spectrum. He provided an example,
and stated that if Allensville responds to a call and they put the patient on their LUCAS
device, we are not going to take the patient off that LUCAS device because that would
cause an interruption in patient care. He stated that they would give Allensville a LUCAS
device off of the medic unit and take Allensville’s LUCAS device with the patient. He
stated that having everybody in the same system allows the equipment to be tracked, and it
does not matter whose it is, as it is all County equipment. He stated that the asset
management program tracks the equipment so they know what equipment is where at any
given time. He stated that the equipment does a self- check every day and runs a
diagnostic on itself that will alert if that piece of equipment is found to have a fault of any
kind. He stated that this does not replace by any means, the provider needing to check the
equipment. He stated the second data stream is performance improvement, which is from
the time the first device is placed on the patient, they immediately start tracking
performance data on how those people are providing that care. He stated that it is not
meant to be a disciplinary thing, it is meant to see how we can improve the care that we
are providing to the citizens, and track patient care from beginning to end. He stated that
the third stream is data transference from the scene to the hospital. He stated that this
allows them to transmit data to the hospital, so that the hospital will have that information
readily available once the patient arrives. He stated that it is all about patient care. Sims
asked, if he is a VFD, does that data help him out at all, since EMS would be on the way,
and would have the data. He stated from a VFD status, he does not see how that
information is important to the VFD, He stated that EMS would be there in a matter of
minutes to start working on the patient and EMS and the hospital would have the data.
Schwalenberg stated that it is about providing the best patient care. He stated that the data
could be used as a training tool and for performance improvement to see what could have
been done differently and to see what areas need more improvement. He stated that CPR,
no matter how good you are at it, will never be as good as that machine for giving
consistent compressions.
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September 3, 2024
9
Sims stated who is this helping, the information that Schwalenberg wants to get for
his EMS team and for the hospital, he is wondering why this money is coming out of the
fire tax. He stated why wouldn’t we just put this under the EMS budget as it seems like it
is helping more from a data collection standpoint for them. Cathey stated that the way she
views it, it is ultimately helping the patient, which is the reason behind it. She stated
having it earlier on scene with fire personnel, it is helping the patient to be able to get the
data, and it can also be used for training purposes as Schwalenberg shared. She stated as
far as the funding source goes, when we began looking at this program, it made sense to
her that it come out of the Fire Tax because it is equipment that is housed within the fire
departments and is being utilized by the first responders. She stated that is why she made
the recommendation for it to come out of the Fire Tax. She stated that there is nothing to
say that it cannot come out of the General Fund, it was a way of looking at how best to
utilize the revenue sources that are available to the County. She stated that since this fit
within the purposes for the Fire and Rescue Tax District, that is why she included it in the
recommended budget to come out of that funding source. Sims asked if it could have
come out of the General Fund. Cathey stated yes, it could have, but as the Board knows it
was a tight budget year in putting together those numbers. She stated that if it were to
come out of the General Fund, it is either pulling more out of the ARP Funding that we
have already allocated towards year one of this program or allocating Fund Balance, and
then it is going to create a larger gap to make up for in the next budget cycle to build that
in on an annual basis. She stated that the County has a steady stream coming in within the
Fire and Rescue Tax District, and we can count on having that again next year to cover
this. She stated that we already know that we are going to be challenged with fitting the
EMS component into the General Fund Budget since we have allocated the ARP Funding
towards that this year. Powell stated greater transparency and accountability, and it seems
to him, it is in the right place now, rather than the General Fund, as it is easier to follow,
and easier to account for. Commissioner Thomas had concerns about the maintenance fees
associated with the equipment through the program. Schwalenberg stated that when you
talk about the equipment fee, anywhere from thirty-six to sixty months, that equipment is
going to be replaced, so that figure actually reflects two purchases of equipment. He stated
that the maintenance fee is spread out over ten years for the life of that equipment. He
stated that includes replacing all batteries, all pads, all suction devices that the LUCAS
device uses, replacing all of that expendable equipment now unless something happens to
a piece of equipment because of someone being grossly negligent, and all routine stuff. He
stated that the LUCAS device has a one-year manufacturer’s warranty. He stated that the
AED’s have a five-year warranty. He stated that both warranties do not cover
maintenance. Cathey stated that County Attorney T.C. Morphis, Jr. reviewed the Stryker
Contract, and he did raise the question as to whether or not it would require LGC
approval. She stated that she and Interim Finance Officer Tracy Clayton met with the LGC
earlier today, and the General Statute for a Capital Lease, which this falls under as a
Capital Equipment Lease, states that if it is over a five-year term and the value is over
$500K, then it does require LGC approval.
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September 3, 2024
10
Cathey stated it is a similar process that the County just did with the LOB’s, but
not quite as involved. She stated that LGC staff stated that they could get it on the October
1, 2024 LGC Agenda, and they would need the County to submit the application packet
this week. She stated that this does require the Board of Commissioners to approve a
Resolution authorizing the County to submit the application packet. She stated that the
LGC stated that if the Board expresses support for the County getting authorization, then
we can go ahead and submit the application this week. She stated that she could put the
Resolution on the Board’s Consent Agenda for September 16, 2024. Puryear stated he
does not think it needs to go on the Consent Agenda. Morphis stated that there were a few
minor things with the contract. He stated that LGC approval was one thing that he noticed
needed to be done. He stated that the first step is to determine if the Commissioners want
to proceed with the program. If not, then there is no LGC approval. He stated that if they
do proceed with the program, he does not think there will be any issues with the LGC and
approval. Puryear asked what was the total new amount that needed to be taken out from
the Fire Tax Fund. Cathey stated that it is $113,205.50 annually, and she rounded it up to
$113,206. Puryear asked where the funding would be coming from in the future, would it
be reoccurring annually from the Fire Tax Fund. Cathey replied yes, it would be
reoccurring annually from the Fire Tax Fund. Puryear stated that he wants the fire
departments to fully understand that this is not a one-time hit on the Fire Tax Fund, that
this is a commitment going forth, and that money is going to be committed to this. He
stated that the VFD’s may have future needs as it relates to staffing and hiring more
additional part-time staff. He stated he just wants to make sure they understand this and
that it is reoccurring, not a one-time thing. He stated that he thinks this message needs to
be communicated to the Fire Chiefs Association in case they do not understand and know
that already. Cathey stated that she believes they do. She stated that the handout the Fire
Chiefs received says it is $80,562 per year. She stated that was part of the conversation as
far as this being an annual payment. She stated that it was discussed in the meeting that
she attended with the Fire Chiefs, about the current fund balance available within the Fire
Tax Fund, and that is something that can be utilized in the future for unanticipated needs.
She stated that it is there in case the needs grow to a greater degree than the revenues
grow, and we will have that funding available to allocate in years to come to avoid future
tax increases. She stated that we do have a healthy fund balance of $1.5M in the Fire Tax
District Fund. Puryear stated he would like to request the Chairman and Vice Chairman to
speak with the Fire Chiefs Association to ensure that they have a good understanding of
what is being committed.
A motion was made by Commissioner Palmer and carried 5-0 to fund the
ALS360 Fire Component Proposal as requested by the Fire Chiefs Association and for the
Board of Commissioners Chair and Vice Chair to speak with all the Fire Chiefs to ensure
they understand the program.
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September 3, 2024
11
RESOLUTION SETTING A PUBLIC HEARING FOR CLOSURE OF A PORTION
OF SR 1333 COUNTRY CLUB ROAD
A motion was made by Commissioner Puryear and carried 5-0 to approve the
Resolution and call for a Public Hearing on September 24, 2024 at 6:00 p.m.
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FOURTH AMENDMENT TO THE OPTION AGREEMENT BETWEEN THE
WAGSTAFFS AND PERSON COUNTY
A motion was made by Commissioner Palmer and carried 5-0 to approve the
Fourth Amendment to the Option and Purchase Agreement.
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September 3, 2024
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25
September 3, 2024
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26
September 3, 2024
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September 3, 2024
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CHAIRMAN’S REPORT:
Chairman Powell reported that he attended the following two meetings:
Vaya Health Board Meeting and the Person County Board of Health Meeting. He stated
that he was unable to attend the Sappony Tribe Highway Marker Dedication, due to a
prior commitment, and extended an apology to the Sappony Tribe for his absence.
MANAGER’S REPORT:
County Manager Katherine Cathey advised that the County closed on the LOB’s
last week. She stated that Friday, the County closed on the Carolina Pride Carwash
Building, to be used as PCC’s CHATT Building. She provided an update about Broadband
for Person County, and potential grant funding. She stated that CCR Consultants is hosting
a Community Forum on September 17, 2024 from 6-7:30 p.m. at the Person County
Office Building Auditorium, in reference to DSS and the ongoing work with CCR.
COMMISSIONER REPORT/COMMENTS:
Vice Chairman Sims stated that he attended the following meetings and events
over the past few weeks:
8/21- Food Lion Ribbon-Cutting Ceremony
8/22- Fire Chief’s Association Meeting
8/28- Cry Freedom Missions Coffee Hour at Golden Corral
8/31- Sappony Tribe Highway Marker Dedication
Commissioner Palmer stated that he attended the Ribbon-Cutting Ceremony at
Food Lion. He stated that he attended the Sappony Tribal Marker Dedication.
Commissioner Puryear stated that he attended the Sappony Tribal Highway
Marker Dedication, and it was a great informative event.
Commissioner Thomas apologized for not attending the Sappony Tribal Marker
Dedication.
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September 3, 2024
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A motion was made by Vice Chairman Sims and carried 5-0 to enter in to closed
sessions at 7:17 p.m.
CLOSED SESSION #1
A motion to enter into Closed Session #1 per General Statute 143-318.11(a)(3) for
the purpose to consult with the county attorney in order to preserve the attorney-client
privilege with the following individuals permitted to attend: County Manager
Katherine Cathey, Clerk to the Board Michele Solomon, County Attorney T.C.
Morphis, Jr., Health Director Janet Clayton, and Environmental Health Supervisor Bonnie
Holt.
CLOSED SESSION #2
A motion to enter into Closed Session #2 per General Statute 143-318.11(a)(4) for
the purpose of discussion of matters relating to the location or expansion of
industries or other businesses in the county related to economic development with
the following individuals permitted to attend: County Manager Katherine Cathey,
Clerk to the Board Michele Solomon, County Attorney T.C. Morphis, Jr., and
Economic Development Director Brandy Lynch.
Chairman Powell called the closed sessions to order at 7:18 p.m.
A motion was made by Vice Chairman Sims and carried 5-0 to return to open
session at 7:41 p.m.
ADJOURNMENT:
A motion was made by Commissioner Puryear and carried 5-0 to adjourn the
meeting at 7:42 p.m.
_____________________________ ______________________________
Michele Solomon Gordon Powell
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
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AGENDA ABSTRACT
Meeting Date: September 16, 2024
Agenda Title: FY2025 ROAP Distribution Authorization
Summary of Information: To authorize the application for the FY2025 ROAP funds from the
State of North Carolina. Total amount of funds will be $169,691. Details of funds follow on next
page. This requires no local match.
Recommended Action: Authorize the County Manager to apply for the FY2025 ROAP funds.
Submitted By: Mitch Fleig, Person Area Transportation Director
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Revised 09-03-24
CERTIFIED STATEMENT
FY2025
RURAL OPERATING ASSISTANCE PROGRAM
County of Person
WHEREAS, the state-funded, formula-based Rural Operating Assistance Program (ROAP) administered
by the North Carolina Department of Transportation, Integrated Mobility Division provides funding for
the operating cost of passenger trips for counties within the state;
WHEREAS, the county uses the most recent transportation plans (i.e., CCP, CTIP, LCP) available and
other public involvement strategies to learn about the transportation needs of agencies and individuals in
the county before determining the sub-allocation of these ROAP funds;
WHEREAS, the county government or regional public transportation authorities created pursuant to
Article 25 or Article 26 of Chapter 160A of the General Statutes (upon written agreement with the
municipalities or counties served) are the only eligible recipients of Rural Operating Assistance Program
funds which are allocated to the counties based on a formula as described in the Program Guidelines
included in the ROAP State Management Plan. NCDOT will disburse the ROAP funds only to counties
and eligible transportation authorities and not to any sub-recipients selected by the county;
WHEREAS, the county finance officer will be considered the county official accountable for the
administration of the Rural Operating Assistance Program in the county, unless otherwise designated by
the Board of County Commissioners;
WHEREAS, the passenger trips provided with ROAP funds must be accessible to individuals with
disabilities and be provided without discrimination on the basis of national origin, creed, age, race, or
gender (FTA C 4702.1B, FTA C 4704.1A, Americans with Disabilities Act 1990); and
WHEREAS, the period of performance for these funds will be July 1, 2024 to June 30, 2025 regardless of the
date on which ROAP funds are disbursed to the county.
NOW, THEREFORE, by signing below, the duly authorized representatives of the County
of Person, North Carolina certify that the following statements are true and accurate:
The county employed a documented methodology for sub-allocating ROAP funds that involved the
participation of eligible agencies and citizens. Outreach efforts to include the participation of the
elderly and individuals with disabilities, persons with limited English proficiency, minorities and low-
income persons in the county’s sub-allocation decision have been documented.
The county will advise any sub-recipients about the source of the ROAP funds, specific program
requirements and restrictions, eligible program expenses and reporting requirements. The county will
be responsible for invoicing any sub-recipients for unexpended ROAP funds as needed.
The county will monitor ROAP funded services routinely to verify that ROAP funds are being spent
on allowable activities and that the eligibility of service recipients is being properly documented. The
county will maintain records of trips for at least five years that prove that an eligible citizen was
provided an eligible transportation service on the billed date, by whatever conveyance at the specified
cost.
The county will be responsible for monitoring the safety, quality, and cost of ROAP funded services
and assures that any procurements by subrecipients for contracted services will follow state and
federal guidelines.
The county will conduct regular evaluations of ROAP funded passenger trips provided throughout the
period of performance.
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Revised 09-03-24
The county will only use the ROAP funds to provide trips when other funding sources are not
available for the same purpose or the other funding sources for the same purpose have been
completely exhausted.
The county will notify the Regional Grant Specialist assigned to the county if any ROAP funded
services are discontinued before the end of the period of performance due to the lack of funding. No
additional ROAP funds will be available.
The county will provide an accounting of trips and expenditures in monthly reports to NCDOT –
Integrated Mobility Division or its designee. Back-up documentation is required to support the
monthly reports, failure to provide documentation will affect future disbursements. The June
report will be considered the annual report.
Any interest earned on the ROAP funds will be expended for eligible program uses as specified in the
ROAP application. The County will include ROAP funds received and expended in its annual
independent audit on the schedule of federal and state financial assistance. Funds passed through to
other agencies will be identified as such.
The county is applying for the following amount of FY2025 Rural Operating Assistance Program
funds: *Allocated funds are found in the Disbursed tab on the Adjusted ROAP Allocation sheet and
do not include FY24 Carryover funds.
State-Funded Rural Operating Assistance Program Allocated*(Disbursed) Requested
Elderly and Disabled Transportation Assistance Program
(EDTAP) $74,999 $74,999
Employment Transportation Assistance Program (EMPL) $11,653 $11,653
Rural General Public Program (RGP) $83,039 $83,039
TOTAL $169,691 $169,691
WITNESS my hand and county seal, this day of , 20 .
Signature of County Manager/Administrator Signature of County Finance Officer
Printed Name of County Manager/Administrator Printed Name of County Finance Officer
State of North Carolina County of Person
County Seal Here
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AGENDA ABSTRACT
Meeting Date: September 16, 2024
Agenda Title: Fee Schedule Amendment for Person County Animal Services
Summary of Information: Adjustments to the adopted FY25 Fee Schedule for the Animal Services
Department. Proposed changes include:
“Vaccination Fees” to “Vaccination/Medical Fees”
Add new “External Parasite Treatment” fee line at a cost of $20
Per July meeting, update fee schedule to reflect changes to Leaving a dangerous dog
unattended from $100 - $250
Recommended Action: Adopt changes to FY25 Adopted Fee Schedule for Animal Services
Submitted By: Kelli Lewis, Person County Animal Services Director
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FY 2024-2025
Approved Fee Schedule
Department Fee Type FY24 Adopted FY25 Approved
Animal Services
Adoption Fees
Adoption Fee - includes age appropriate vaccinations & microchip $50.00 No Change
Reclaim Fees
1st Offense Reclaim $25.00 No Change
2nd Offense Reclaim (in one year period)$50.00 No Change
3+ Offense Reclaim (in one year period)$100.00 No Change
Regular holding per night $5.00 No Change
Quarantine holding per night $10.00 No Change
Animal Fees
Deposit fee for Humane Dog or Cat Trap $25.00 No Change
Owner Surrender $40.00 No Change
Owner Surrender Request to Euthanize $20.00 No Change
Vaccination /Medical Fees (wording changed)
1 yr Rabies Vaccine (if unvaccinated or no proof of vaccination)$10.00 No Change
5 way Vaccine $8.00 No Change
Heartworm Test $10.00 No Change
Bordetella Intranasal Vaccine $8.00 No Change
Feline Leukemia and FIV Test $15.00 No Change
External Parasite Treatment $20.00 NEW
Deworming
Under 60lbs $15.00 No Change
Over 60lbs $20.00 No Change
Citations
No current or displayed Rabies Tag $50.00 No Change
Permitting a dog to run at large $50.00 No Change
Allowing a female "in heat" to run at large $50.00 No Change
Cruelty to animals $100.00 No Change
Interfering with an Animal Services Officer $100.00 No Change
Nuisance $50.00 No Change
Leaving a dangerous dog unattended $250.00 Effective July 15, 2024
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AGENDA ABSTRACT
Meeting Date: September 16, 2024
Agenda Title: Public Records Request Policy Amendment
Summary of Information: The Public Records Request Policy, previously adopted on February
5th, 2024 has been updated to reflect the use of NextRequest as our portal for receiving, responding
to, and managing public records request.
Recommended Action: Approve the amended Public Records Request Policy.
Submitted By: Brian Hart, Assistant County Manager
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1
PERSON COUNTY GOVERNMENT
PUBLIC RECORDS REQUEST POLICY
(TENTATIVE: Revised and aAdopted September 16th, 2024)
BE IT RESOLVED by the Board of County Commissioners for Person County that the following
policy and process applies to the receipt, review and processing of public records requests
submitted to Person County Government.
Table of Contents
I. Purpose
II. Public Records
III. Responsibility for Records
IV. Retention and Disposition of Public Records
V. Records Request
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PUBLIC RECORDS REQUESTS POLICY
I. PURPOSE
The purpose of this policy is to aid in determining what is a public record, protocol for updates and
responses for requestors, general protocol for determining which departments need to respond, and
protocol for how the County Manager’s Office, County Attorney, and other relevant staff are to be used in
responding to public records requests, among other items listed below. It is the policy of Person County
Government to comply with all requests for public records in accordance with the law. Public records are
the property of the people.
II. PUBLIC RECORDS
1. Public Records Defined
North Carolina General Statute (NCGS) 132-1(a) defines public records as “all documents, papers, letters,
maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data-processing
records, artifacts, or other documentary material, regardless of physical form or characteristics, made or
received pursuant to law or ordinance in connection with the transaction of public business by any agency
of North Carolina government or its subdivisions. Agency of North Carolina government or its
subdivisions shall mean and include every public office, public officer or official (State or local, elected
or appointed), institution, board, commission, bureau, council, department, authority or other unit of
government of the State or of any county, unit, special district or other political subdivision of
government.”
According to NCGS 132-6.2(e), “Nothing in this section shall be construed to require a public agency to
respond to a request for a copy of a public record by creating or compiling a record that does not exist.”
Requestors should be aware that the Public Records Policy does not require the County to do research,
analyze data, or answer written questions. Public records requests shall not replace administrative
processes for land due diligence review, such as zoning verification letters and environmental site
assessments.
2. Protected Records
All records maintained by Person County Government are public unless they are exempt from disclosure
under North Carolina Public Records Law. If a records request is denied, the County will cite the
appropriate law that prohibits the disclosure.
Exempted records include, but are not limited to:
- Some confidential communications from the attorney to the client within the scope of the
attorney-client relationship and as set forth in NCGS 132-1.1(a).
- Criminal investigation records and records of criminal intelligence information, as provided in
NCGS 132-1.4 (active and closed investigations).
- Sensitive public security information, including specific details of public security plans and
arrangements, detailed plans and drawings of public buildings and infrastructure facilities, and
certain plans to prevent and respond to terrorist activity, as provided in NCGS 132-1.7, and
technology security information, as provided in NCGS 132-6.1.
- Records of minors per NCGS 132-1.4, 132-1.12, and 7B-2901.
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- All information contained in County employees’ personnel files maintained by the County is
confidential in accordance with NCGS 153A-98, except information deemed by NCGS 153A-
98(b) to be a matter of public record. These rules apply to personnel information for applicants,
current employees, and former employees.
- Tax information pertaining to a taxpayer’s income or gross receipts may not be disclosed, as
provided in NCGS 132-1.1(b).
- Social security numbers and other personal identifying information is confidential and unlawful
to disclose to the public. In addition to social security numbers, “personal identifying
information” includes: employer taxpayer identification numbers; drivers’ license numbers, state
identification card numbers, and passport numbers; checking, savings, credit, and debit account
numbers; personal identification code (PIN) numbers used to access financial resources; digital
signatures; any other numbers or information that can be used to access a person’s financial
resources; biometric data; fingerprints; and passwords, all as provided in NCGS 132-1.10, NCGS
75-61, and NCGS 14-113.20.
- Certain information collected by soil and water conservation districts from farm owners, animal
owners, agricultural producers or owners of agricultural land that is confidential under federal or
state law as set forth in NCGS 139-8.2.
- Trade secrets and electronic payment account numbers are protected as set forth in NCGS 132-
1.2. (Note that to protect a “trade secret” detailed requirements must be met.)
- The seal of an architect, engineer, or land surveyor when that seal has been submitted for project
approval under Part 5 of Article 19, Chapter 160A (Building Inspections) as set forth in NCGS
132-1.2.
- Certain “trial preparation materials” are protected as provided in NCGS 132-1.9. If records are
created for or at the request of an attorney for the County when the County is engaged in
litigation or litigation is anticipated, these records are likely protected “trial preparation
materials.” The County Attorney should be consulted if there is a request for such records.
- Names and addresses of complaining witnesses to crimes must be temporarily withheld if release
of the information is reasonably likely to pose certain threats to the witnesses or materially
compromise the investigation, as provided in NCGS 132-1.4.
- Certain economic development incentives and public records relating to the proposed expansion
or location of specific business or industrial projects are temporarily protected, but the County
must make certain prior disclosures to applicants, as provided in NCGS 132-1.11 and NCGS 132-
6(d).
- Closed session meeting minutes that are deemed protected under NCGS 143-318.10(e).
- Public enterprise billing information, as provided in NCGS 132-1.1(c).
- Records protected by copyright. The County must permit inspection of records protected by
copyright, but cannot make copies of copyrighted records, pursuant to 17 U.S.C.§ 106(1).
III. RESPONSIBLITY FOR RECORDS
The County department that is the custodian of the requested record will be assigned the public
information request. Each County department will have a departmental liaison who assists with gathering
information, preparing responses, and communicating with management, IT, the County Attorney and
requestors, as needed. The County Attorney will be involved in requests where they are the custodian of
the records or where legal determinations need to be made.
Person County employees who assist in providing information to public records requests will be required
to complete formal training in public information request protocol and public records law.
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IV. RETENTION AND DISPOSITION OF PUBLIC RECORDS
North Carolina’s Public Records law requires that public records in all formats be managed in a manner
that protects their integrity and allows public inspection and copying. Except for public records that are
retained in office permanently, such as the minutes of the Board of Commissioners, the County may
destroy public records, both physical and digital, after the records are retained for the correct time periods
in the records retention schedules published by the North Carolina Department of Natural and Cultural
Resources and approved by the Person County Board of Commissioners.
V. RECORDS REQUESTS
1. Responding to a Public Records Request
According to NCGS 132-6(a), “Every custodian of public records shall permit any record in the
custodian’s custody to be inspected and examined at reasonable times and under reasonable supervision
by any person, and shall, as promptly as possible, furnish copies thereof upon payment of any fees as may
be prescribed by law.”
A public records request can be placed with any County employee or department; however, for the best
accountability and turnaround time, the County recommends submitting a public records request using the
Person County, NC Public Records Request Portal at https://personcountync.nextrequest.com. Please
describe the information you are seeking, including as much detail as possible and the format in which
you would like to receive copies of records.
The County will work on a timely, thorough, and transparent response to all records requests. In
accordance with NCGS 132-6.2(d), however, County staff are not required “to respond to requests for
copies of public records outside of its usual business hours”. The requestor will, however, receive an
email response acknowledging the request within two business days after submission of the Public
Records Request Form that informs the requestor of next steps and advises them to take into account the
volume of records requested. If additional information is required before beginning to process the
request, the requestor will be contacted via email. Additionally, within ten (10) business days of receipt of
the initial records request, the County will respond by:
- providing copies of the records in digital or physical format, or providing access to the records;
- if there are no responsive records, providing a written statement that a search was made, no
responsive records were located, and/or providing the requestor with additional information or
resources for how information related to their request may be obtained;
- if the responsive records are exempt from the Public Records law, either denying access to the
entire records or providing the records with the exempt information redacted;
- informing the requestor that more time is needed and providing an estimated deadline for the
response; or
- if records are exempt, the County will provide the legal justification for denial of access to the
records.
If the County makes a follow-up inquiry to clarify the scope of the request and no response is provided
within ten (10) business days, the County will proceed to provide the records that are clearly within the
scope of the request. Failure to respond to a follow-up inquiry may result in a delay in the provision of
records or in an incomplete response being provided by the County.
2. Responding to Requests for Emails and Other Digital Communications
Commented [BH1]: Updated to reflect the use and correct
URL of the NextRequest Portal as our tool for receiving,
responding to, and managing public records requests.
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Upon receipt of a public records request for emails, the County will work with the requestor and IT
Department to determine the appropriate search keywords and date range for a search of the County’s
email and documents archive. County employees will review identified emails and other requested
documents. As with other records that are exempt from disclosure under state or federal laws, County
staff may consult with the County Attorney regarding denying access to protected emails and other
documents. When necessary, the County will request communications or documents from Commissioners
or other members of appointed boards that may not be maintained in the County’s technology systems for
appropriate requests.
3. Redacting Protected Information
If the content of a record is partially public and responsive to the request and partially exempt, the exempt
portion of the content will be redacted. Redaction is “the process of masking or removing sensitive
information in a document before releasing it for public use” (ARMA International, Glossary of Records
Management and Information Governance Terms, 5th ed., 2016).
4. Special Service Charge for Producing Records
In most cases, public records are easily retrievable and provided electronically via email at no cost to the
County or requestor. Pursuant to NCGS 132-6.2(b), a special service charge can be applied “if the request
is such as to require extensive use of information technology resources or extensive clerical or
supervisory assistance by personnel of the agency involved, or if producing the record in the medium
requested results in a greater use of information technology resources than that established by the agency
for reproduction of the volume of information requested …” The special service charge “shall be
reasonable and shall be based on the actual cost incurred for such extensive use of information technology
resources or the labor costs of the personnel providing the services, or for a greater use of information
technology resources that is actually incurred by the agency or attributable to the agency” (NCGS 132-
6.2(b)).
The special service charge will be applied when searching, retrieving, copying, and refiling records for a
public records request or a group of requests submitted by a single requestor the same business day
requires more than four (4) hours of an Information Technology Department employee’s time or more
than four (4) hours of clerical or supervisory assistance. The requestor will not be charged for time spent
redacting confidential information. The special service charge will be the hourly rate in accordance with
the lowest paid employee who would be conducting the work.
Copies of paper plan sets or oversized materials not stored electronically, may also incur a special service
charge.
The County will provide the requestor with a written estimate and extend the option of the requestor to
pay the charge or be granted the opportunity to narrow the scope of the request to reduce or avoid the
service charge. The requestor is required to pay the County Finance Department in advance of fulfillment
of the request. If the time taken exceeds the estimate, an additional payment will be required. Unused
portions of the deposited funds will be refunded. Payment can be made in-person or by check made
payable to “Person County Government” mailed to:
Person County Government
Finance Department
304 South Morgan Street
Roxboro, North Carolina 27573
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If the requestor wishes to dispute the special service charge, they may ask the County Manager to reduce
or waive the fee, which the County Manager may do as they deem reasonable and/or appropriate.
5. Disputing a Records Request and Appeals Process
If a requestor has a concern or complaint regarding the initial response sent, the County asks that the
requestor first contact the County Manager’s Office to file a complaint within ten (10) business days of
receiving the response to the public records request. The first appeal will be submitted to the Assistant
County Manager or their designee, who will review the records request, the information provided, and the
dispute, and make a determination based on the appeal request. If further actions are requested beyond the
first step, the appeal can be presented to the County Manager or their designee for review and
determination.
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AGENDA ABSTRACT
Meeting Date: September 16, 2024
Agenda Title: Summary Presentation of the Person County Unified Development Ordinance.
Summary of Information:
The North Carolina General Assembly (General Assembly) mandated that local governments
applying zoning regulations adopt and maintain a comprehensive plan by July 1, 2022. In 2021,
the Person County & City of Roxboro Joint Land Use Plan (Comprehensive Plan) was adopted by
Person County (County) and the City of Roxboro (City) to meet the General Assembly’s mandate.
The document established a long-range planning vision and guiding principles for the County and
the City on land use and design regulations.
In 2021, the County and the City elected to jointly use Benchmark Planning (Benchmark) to create
a Comprehensive Plan. Both governments decided to adopt and utilize a Unified Development
Ordinance (UDO) in keeping with North Carolina General Statute (NCGS) § 160D-103, Unified
development ordinance, as follows:
“A local government may elect to combine any of the regulations authorized by this Chapter
into a unified ordinance. Unless expressly provided otherwise, a local government may apply
any of the definitions and procedures authorized by law to any or all aspects of the unified
ordinance and may employ any organizational structure, board, commission, or staffing
arrangement authorized by law to any or all aspects of the ordinance. Inclusion of a regulation
authorized by this Chapter or local act in a unified development ordinance does not expand,
diminish, or alter the scope of authority for those regulations.”
The City adopted their first UDO with Holland Consultants in 2015. Following Comprehensive
Plan adoption in 2021, the City also updated and amended their UDO in May 2024. The County
engaged Benchmark in 2022 to draft their UDO and the consultant formed a Steering Committee
comprised of local community representatives from the Board of County Commissioners, Planning
Board, Economic Development Commission, citizens, and developers. Benchmark completed
their UDO draft in mid-2023. The Planning Board completed their review and updates in August
2024. On August 22, 2024, the Planning Board voted (5-2) to recommend approval of the UDO to
the Board of County Commissioners.
The attached Exhibit A: Person County UDO represents the final draft to be brought to the Board
of County Commissioners at their October 7, 2024, public hearing. The attached Exhibit B:
Benchmark UDO Summary of Revisions Memorandum represents the initial changes that
Benchmark made between the existing land use ordinances and a new UDO. The Benchmark
memorandum predates changes made by the Planning Board that were made in discussion format.
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This presentation is a general overview between the adopted existing land use ordinances and the
proposed new UDO. The final draft of the UDO will be brought to the Board of County
Commissioners on October 7, 2024, as text amendment TA-01-24, with an accompanying adoption
ordinance (see attached Exhibit C: Draft UDO Adoption Ordinance TA-01-24).
Recommended Action:
Discussion item only. No recommended action at this time.
Submitted By: Chris Bowley, AICP, Planning & Zoning Director
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EXHIBIT “A”
PERSON COUNTY
UNIFIED DEVELOPMENT ORDINANCE
EFFECTIVE DATE: ____, 2024
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TABLE OF CONTENTS
ARTICLE 1. PURPOSE & AUTHORITY
1.1 Title 1-2
1.2 Purpose of the Unified Development Ordinance 1-2
1.3 Authority 1-2
1.4 Official Zoning Map 1-3
1.5 Applicability 1-3
1.6 Abrogation & Separability 1-4
1.7 Plan Conformity & Right-of-Way Dedication 1-4
1.8 Vested Rights 1-4
1.9 Repeal, Adoption, & Effective Date 1-6
ARTICLE 2. ADMINISTRATION & CODE ENFORCEMENT
2.1 Purpose & Intent 2-2
2.2 Administrator & Administrative Staff 2-2
2.3 Technical Review Committee 2-3
2.4 Planning Board 2-5
2.5 Board of Adjustment 2-7
2.6 Board of Commissioners 2-8
2.7 Unified Development Ordinance Code Enforcement 2-9
ARTICLE 3. REVIEW & APPROVAL PROCEDURES
3.1 Purpose & Intent 3-2
3.2 Administrative Zoning Permit Procedures 3-6
3.3 Subdivision Procedures 3-19
3.4 Quasi-Judicial Procedures 3-41
3.5 Legislative Procedures 3-49
ARTICLE 4. ZONING DISTRICTS & USES
4.1 Purpose & Intent 4-2
4.2 Interpretation of District Boundaries 4-2
4.3 Base Zoning Districts 4-2
4.4 Conditional Districts 4-3
4.5 Overlay Districts 4-3
4.6 Supplemental Regulations 4-7
ARTICLE 5. SITE DEVELOPMENT STANDARDS
5.1 General Site Development Standards 5-2
5.2 Density, Intensity, & Dimensional Standards 5-5
5.3 Environmental & Open Space Standards 5-11
5.4 Landscaping & Screening Standards 5-56
5.5 Parking & Access Standards 5-64
5.6 Infrastructure Standards 5-70
5.7 Non-Conformities 5-79
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ARTICLE 6. SIGN STANDARDS
6.1 Purpose & Intent 6-2
6.2 General Sign Standards 6-3
6.3 Temporary Signs 6-6
6.4 Permanent On-Premise Signs 6-10
6.5 Off-Premise Directional Signs 6-15
6.6 Prohibited Signs 6-16
APPENDICIES
A Permitted Use Table A-2
B Definitions B-1
C Recommended Plant List C-1
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ARTICLE 1. PURPOSE & AUTHORITY
ARTICLE 1. PURPOSE & AUTHORITY
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ARTICLE 1. PURPOSE & AUTHORITY
1-2
1.1 TITLE
This Person County Unified Development Ordinance, may hereby be referred to as the UDO or
the Ordinance throughout this document. The zoning map associated with the Person County
Unified Development Ordinance, may hereby be referred to as the Official Zoning Map of Person
County, North Carolina, Official Zoning Map, or the Zoning Map.
1.2 PURPOSE OF THE UNIFIED DEVELOPMENT ORDINANCE
A. This Ordinance is enacted to promote and to protect the public’s health, safety and
welfare within the designated planning jurisdiction of Person County (County). It is
the goal of the Person County Board of Commissioners (Board of Commissioners) that
the provisions of this Ordinance will implement the purpose and intent of the adopted
development plans of the County, by encouraging the most desirable and well-
planned land uses for residential, agricultural, commercial, industrial, conservation,
public service, floodplain and drainage purposes, and the most appropriate use and
occupancy of buildings, by promoting good land use planning principles. Where stated
in reference throughout this document, regulations and requirements are per the
North Carolina General Statutes , as well as this Ordinance.
B. This Ordinance is enacted for the further purpose of:
1. Providing for orderly, planned growth vital to the economic future and livability of
Person County.
2. Protecting and conserving the value of land throughout Person County, the value
of buildings or other improvements thereupon, and minimizing the conflicts
among the uses of land and buildings.
3. Assuring clean, non-polluted drinking water.
4. Protecting watersheds.
5. Controlling hazardous waste.
6. Assuring adequate light and air.
7. Ensuring the provision of adequate and efficient transportation, water, sewerage,
schools, parks, playgrounds, recreation, and other public requirements and
facilities with planning, development, and concurrency management.
8. Establishing reasonable standards for the division of land in order to further the
orderly layout and use of land.
9. Encouraging the rational and efficient utilization and management of natural
resources throughout the County in order to preserve the integrity, stability, and
beauty of the community and the value of the land.
10. Preserving the natural beauty and topography of the County and to ensure that
development is consistent with indigenous natural and physical features.
11. Providing for adequate open space to population ratios through the most efficient
design and layout of the land.
1.3 AUTHORITY
A. This Ordinance is adopted pursuant to the authority granted by North Carolina
General Statutes (NCGS) Chapter 160D.
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ARTICLE 1. PURPOSE & AUTHORITY
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B. In accordance with the requirements of NCGS Chapter (herein indicted with the
symbol §) 160D-703 that zoning regulation be by districts, the County, as shown on
the Official Zoning Map accompanying this Ordinance, is divided into districts set forth
in this Ordinance, which shall be governed by the uniform use and dimensional
requirements of this Ordinance.
1.4 OFFICIAL ZONING MAP
1.4.1 Adoption By Reference
The Official Zoning Map and the notations, references, amendments, and other
information shown on the map are hereby made a part of this Ordinance. This is
the same as if such information that is set forth on the map are fully described and
set herein. The Official Zoning Map may include supplemental maps referenced
in this Ordinance for overlay districts. The Official Zoning Map, upon request, may
be provided as a paper copy by the Planning & Zoning Department or in an
electronic online form for inspection by the public.
1.4.2 Official Zoning Map Maintenance
In accordance with NCGS § 160D-105, the Administrator or designee shall provide
an electronic format the Official Zoning Map and any state or federal maps
incorporated by reference into the map, if requested. The Official Zoning Map
shall be maintained by the Person County Geographic Information Systems
Department, with access by the Administrator. Upon notification by the Board of
Commissioners and the Administrator that a zoning change has been made, the
Person County Geographic Information Systems Department shall make the
necessary changes on the Official Zoning Map to keep the map current.
1.5 APPLICABILITY
1.5.1 Jurisdiction Ordinance Applicability & Exemptions
These regulations shall govern the use of all land and the development thereof within
Person County, North Carolina.
A. No building, structure, or land shall be used, occupied, or altered, nor shall any
building, structure, or part thereof be erected, constructed, reconstructed, moved,
enlarged, or structurally altered, nor shall any change of use be established for any
building, structure, or land, unless in conformity with the general provisions of this
Ordinance and the specific provisions for the district in which it is located, except as
specified throughout this Ordinance.
B. These regulations shall not apply to any land or structure for which, prior to the
effective date hereof, there is a properly approved Site Plan, per the requirements
previously adopted. Any preliminary or final development plan approvals required for
such approved and exempted Site Plans shall be conducted in accordance with the
requirements of the development regulations under which they were approved.
C. The provisions of this Ordinance shall apply to all land as shown on the Official Zoning
Map of Person County, North Carolina. Subject to NCGS § 160D-903, this Ordinance
shall in no way regulate, restrict, or prohibit any Bona Fide Farm and its related uses,
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ARTICLE 1. PURPOSE & AUTHORITY
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but any use of such property for non-farm purposes shall be subject to such
regulations.
D. Nothing in this Ordinance shall be construed to interfere with the operation of any
valid covenant or condition which runs with the land or shall be construed to allow
noncompliance with any building or environmental law, rule or ordinance.
E. Lands within the area of jurisdiction of the Person-Caswell Lake Authority (PCLA) are
subject to the domain and regulations of the PCLA. No structures shall be permitted
within the PCLA jurisdiction, unless permitted by the PCLA. Structures built within the
PCLA jurisdiction without PCLA permitting shall be removed at the sole expense of the
property owner.
1.6 ABROGATION & SEPARABILITY
A. Should any or provision of these regulations be for any reason held void or invalid by
a court, it shall not affect the validity of any other or provision hereof, which is not
itself held void or invalid.
B. Regulations set forth by this Ordinance shall be minimum regulations. If the
requirements set forth in this Ordinance conflict with the requirements of any other
lawfully adopted rules, regulations or ordinances, the more restrictive or higher
standards shall govern, including lands within the PCLA jurisdiction.
C. Where a property has multiple zoning districts within it, a zoning amendment to unify
the zoning designation on a property to one (1) zoning district shall occur prior to any
development application or permit issuance.
1.7 PLAN CONFORMITY & RIGHT-OF-WAY DEDICATION
A. In accordance with the requirements of NCGS § 160D-701, the regulations adopted
pursuant to this Ordinance shall be consistent with the Person County & City of
Roxboro Joint Comprehensive Land Use Plan (Comprehensive Plan or Comp Plan) and
any specific plans adopted by the Person County Board of Commissioners. All new
developments shall be designed in conformance with adopted plans including, but not
limited to, adopted comprehensive plans, comprehensive transportation plans, small
area plans, land use plans, greenway and trails plans, parks and recreation plans,
farmland preservation plans, and any other adopted plans.
B. When a proposed development includes any part of a thoroughfare that is not
constructed or within designated right-of-way included within the officially adopted
Person County & Roxboro Comprehensive Transportation Plan (CTP), and the
developer needs that segment or segments to be constructed to serve the proposed
development, the developer shall be required to construct any portion of the right-
of-way to serve their development.
1.8 VESTED RIGHTS
Subject NCGS § 160D-108 and § 143-755, the provisions of this Ordinance shall apply to vested
rights for development approval.
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ARTICLE 1. PURPOSE & AUTHORITY
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1.8.1 Development Approval Duration
A. Pursuant to NCGS § 160D-1109, building permits expire six (6) months after
issuance, unless work under the permit has commenced and work has not been
discontinued for a period of more than twelve (12) months after the work has
commenced.
B. Unless otherwise specified, development permits expire one (1) year after
issuance, unless work authorized by the permit has substantially commenced, as
verified by the Administrator or designee. For the purposes of this Ordinance, a
permit is issued either in the ordinary course of business of the applicable
governmental agency or by the applicable governmental agency as a court
directive. Except where a longer vesting period is provided by statute or land
development regulation, the statutory vesting granted by this Ordinance, once
established, expires for an uncompleted development project if development
work is intentionally and voluntarily discontinued for a consecutive period of not
less than twenty-four (24) months, and the statutory vesting period granted by
this Ordinance for a non-conforming use of property expires if the use is
intentionally and voluntarily discontinued for a period of not less than consecutive
twenty-four (24) months. The 24-month discontinuance period is automatically
suspended for the total period during the pendency of any Board of Adjustment
proceeding or civil action in a State or federal trial or appellate court regarding the
validity of a development permit, the use of the property, or the existence of the
statutory vesting period granted by this Ordinance. The 24-month discontinuance
period is also suspended for the total period during pending litigation involving
the development project or property that is the subject of the vesting.
C. Where multiple development permits are required to complete a development
project, the development permit Applicant may choose the version of each of the
local land development regulations applicable to the project, upon submittal of
the application for the initial development permit. This provision is applicable only
for those subsequent development permit applications filed within eighteen (18)
months of the date, following the approval of an initial permit. For purposes of
the vesting protections of this subsection, an erosion and sedimentation control
permit or a sign permit is not an initial development permit.
D. A multi-phased development is vested for the entire development with the land
development regulations then in place at the time a Site Plan approval is granted
for the initial phase of the multi-phased development. A right which has been
vested as provided for in this subsection remains vested for a period of two (2) to
five (5) years from the time a Site Plan approval is granted for the initial phase of
the multi-phased development.
E. Following issuance of a development permit, the County may make subsequent
inspections and reviews to ensure compliance with the applicable land
development regulations in effect at the time of the original application.
F. If a land development regulation is amended between the time a development
permit application was submitted and a development permit decision is made or
if a land development regulation is amended after a development permit decision
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ARTICLE 1. PURPOSE & AUTHORITY
1-6
has been challenged and found to be wrongfully denied or illegal, then NCGS §
143-755 applies.
1.8.2 Establishment of Extended or Statutory Development Vested Rights
Pursuant to NCGS § 160D-108.1 and notwithstanding any other provision of this
Ordinance or amendment thereto, a landowner may apply for a site-specific
vesting plan approval, which shall entitle said landowner to develop property in
accordance with said site-specific vesting plan at the time of approval establishing
a vested right approval for two (2) to five (5) years.
1.8.3 Development Agreements
The Board of Commissioners may approve Development Agreements in
accordance with NCGS § 160D, Article 10, as statutory agreements to issue
development rights. Non-statutory agreements shall not be authorized to issue
development rights.
1.8.4 Previously Approved Conditional Use Permits & Special Use Districts
Any Special Use or Conditional Use zoning district that is valid and in effect as of
January 1, 2021, shall be deemed a Conditional District and is consistent with the
terms of the NCGS § 160D and the Special Use or Conditional Use Permits that
were issued concurrently with the establishment of those districts, shall be valid.
Any valid Conditional Use Permit issued by Person County is deemed to be and is
listed in this Ordinance as a Special Use Permit that is consistent with the
provisions of the NCGS § 160D.
1.8.5 Public Records Requests
This Ordinance and the processes therein are subject to Person County policies for
public records requests.
1.9 REPEAL, ADOPTION, & EFFECTIVE DATE
These regulations shall become effective immediately upon adoption and the Effective Date that
is listed on the cover page of this Ordinance. Upon such date, these regulations shall supersede,
repeal, and replace in their entirety, the following adopted ordinances within Person County –
Person County Planning Ordinance, Subdivision Regulations of Person County, Minimum
Construction Standards for Private Roads in Person County, Falls Lake Watershed Stormwater
Ordinance for New Development, Zoning Ordinance to Limit Height of Objects Around Person
County Airport, Mobile Home Park Ordinance of Person County, Ordinance Regulating Sexually
Oriented Businesses in Person County, Ordinance Regulating Automobile Graveyards and
Junkyards in Person County, Person County Solar Energy System Ordinance, and Flood Damage
Prevention Ordinance of Person County, NC.
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2. ADMINISTRATION & ENFORCEMENT
ARTICLE 2. ADMINISTRATION & CODE ENFORCEMENT
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ARTICLE 2. ADMINISTRATION & ENFORCEMENT
2-2
2.1 PURPOSE & INTENT
The purpose and intent of this Article is to set forth the powers and duties of the Zoning
Administrator, Technical Review Committee, Planning Board, Board of Adjustment, and Board of
Commissioners, as they relate to this Ordinance and its enforcement.
2.2 ADMINISTRATOR & ADMINISTRATIVE STAFF
2.2.1 Appointment
A. Subject to NCGS § 160D-402, the Board of Commissioners shall authorize the
County Manager to appoint a Planning & Zoning Director as the Administrator of
this Ordinance. The Administrator shall oversee the enforcement of this
Ordinance and delegate tasks to Planning & Zoning Department staff (Staff), as
appropriate.
B. The Administrator and their designees shall be charged with the enforcement of
the provisions of this Ordinance.
2.2.2 Duties
A. Duties assigned to the Administrator and the Planning & Zoning Department Staff
may include, but are not limited to:
1. Drafting and implementing plans and development regulations to be adopted
pursuant to this Ordinance.
2. Determining whether applications for development approvals are complete.
3. Receiving and processing applications for development approvals.
4. Providing notices of applications and hearings.
5. Making decisions and determinations regarding development regulation
implementation.
6. Making decisions and determinations regarding whether applications for
development approvals meet applicable standards as established by law and
local ordinance.
7. Conducting inspections.
8. Issuing or denying certificates of compliance or occupancy.
9. Enforcing development regulations, including issuing notices of violation,
orders to correct violations, and recommending bringing judicial actions
against actual or threatened violations, keeping adequate records.
10. Performing the duties of the Watershed Administrator and Stormwater
Administrator.
11. Performing the duties of the Floodplain Administrator, as set forth in this
Ordinance.
12. Any other actions that may be required in order adequately to enforce the
laws and development regulations under their jurisdiction.
B. In accordance with NCGS § 160D-402, the administrative and enforcement
provisions related to building permits set forth in NCGS § 160D, Article 11 shall be
followed for those permits.
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2.2.3 Conflict of Interest
A. In accordance with NCGS § 160D-109(c), no Staff member shall make a final
decision on an administrative decision required in this Ordinance, if the outcome
of that decision would have a direct, substantial, and readily identifiable financial
impact on a Staff member or other individual or an employee of a company
contracting with the County to provide Staff support, the Staff member or other
individual or an employee of a company contracting with the County or if the
Applicant or other person subject to that decision is a person with whom the Staff
member has a close familial, business, or other associational relationship. If a Staff
member has a conflict of interest under this Ordinance, the decision shall be
assigned to the supervisor of the Staff person or such other Staff person as may
be designated by the development regulation or other ordinance.
B. No Staff member shall be financially interested or employed by a business that is
financially interested in a development subject to regulation under this Ordinance,
unless the Staff member is the owner of the land or building involved.
C. No Staff member or other individual or an employee of a company contracting
with the County to provide Staff support shall engage in any work that is
inconsistent with his or her duties or with the interest of the County, as
determined by the County.
2.3 TECHNICAL REVIEW COMMITTEE
2.3.1 Establishment & Composition
A Technical Review Committee (TRC) is hereby established and shall consist of the
following members/representatives or their designees, as applicable:
2.3.1.1Regular Members
A quorum is established with three (3) or more members:
x Administrator
x Planner
x GIS Director
x Director of Inspections
x Environmental Health Supervisor
2.3.1.2Agency Representatives
Agency representatives may provide technical review comments and/or attend
TRC meetings on a proposed development, based upon their following area of
expertise:
x County Engineer (may be a contract position)
x Person County Fire Marshal, Volunteer Fire Department representative,
Emergency Management representative, and/or City of Roxboro Fire
Department representative
x Person County Code Enforcement representative (may be a contract
position)
x City of Roxboro Public Works representative
x City of Roxboro Planning & Development Department representative
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x North Carolina Department of Transportation (NCDOT) representative
x North Carolina Department of Environmental Quality (NCDEQ)
representative
x Other local, state, or federal agencies that have an interest in the
proposed development
x Environmental Issues Advisory Committee
2.3.2 Duties
A. The TRC shall meet or confer on an as-needed basis as determined by the
Administrator to assist the Administrator with technical review of plans or
documents. The TRC shall write rules of procedure and the rules shall be
submitted to the County Manager for approval. The TRC shall follow an agenda in
advance and to conduct the meeting and the approved rules of procedure. A
summary of the meeting will be provided to the Applicant following the TRC
meeting in the form of Staff Comments from the Administrator or their designee
that may be used upon plan revision and submittal. The comments are available
to the public upon request.
B. Members of the TRC shall provide Staff comments to the Administrator regarding
their area of expertise and may confer with the other disciplines when providing
such comments.
2.3.3 Conflict of Interest
Members of the TRC shall be subject to the same standards regarding Conflict of
Interest as Staff, as set forth in NCGS § 160D-109(c) and this Section.
2.4 PLANNING BOARD
2.4.1 Establishment & Composition
A. A Planning Board for Person County is created under the authority of NCGS §
160D-301.
B. The Planning Board consists of seven (7) regular members. The County’s
“Appointment Process for Authorities, Boards, and Commissions” shall be
followed in the appointment of board members. Planning Board members shall
be residents of the County and shall be appointed for three (3) year staggered
terms. Upon expiration of a member’s term of office, that member may be
reappointed by the Board of Commissioners and may continue to serve until a
new member is appointed. At the discretion of the Board of Commissioners, the
same members of the Planning Board may serve on the Board of Adjustment and
the respective board shall select a Chair per their bylaws. The Vice Chair shall
preside as the Chair during the selection of a Chair. The Chair will preside during
the section of a Vice Chair. Planning & Zoning Department Staff shall provide a
Secretary.
C. Vacancies occurring on the Planning Board shall be filled by the Board of
Commissioners for the remaining portion of an unexpired term.
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D. The Board of Commissioners may remove members for cause upon written
charges for failure to comply with the attendance requirements of the County’s
“Appointment Process for Authorities, Boards, and Commissions”, for failure to
comply with the Conflict of Interest requirements in NCGS § 160D-109, or for
conduct unbecoming of an appointed Board member.
2.4.2 Duties
A. The Planning Board shall serve in an advisory capacity to the Board of
Commissioners, providing recommendations pertaining to Comprehensive Plan
Amendments, Development Agreements, Official Zoning Map or Text
Amendments, and Major Subdivision Plat Concept Plans.
B. The Board of Commissioners may request the Planning Board to advise them on
other matters, as designated in NCGS § 160D-301, including:
1. To prepare, review, maintain, monitor, and periodically update and
recommend to the Board of Commissioners a comprehensive plan, and such
other plans deemed appropriate, and conduct ongoing related research, data
collection, mapping and analysis.
2. To facilitate and coordinate citizen engagement and participation in the
planning process.
3. To develop and recommend to the Board of Commissioners policies,
ordinances, development regulations, administrative procedures and other
means for carrying out plans in a coordinated and efficient manner.
4. To advise the Board of Commissioners concerning the implementation of
plans, including, but not limited to, review and comment on all zoning text and
map amendments, as required by and pursuant to NCGS § 160D-604.
5. To exercise any functions in the administration and enforcement of various
means for carrying out plans that the Board of Commissioners may direct.
6. To perform any other related duties that the Board of Commissioners may
direct.
2.4.3 Conflict of Interest
A. In accordance with NCGS § 160D-109(b), members of the Planning Board shall not
vote on an advisory or legislative decision where the outcome of the matter being
considered is reasonably likely to have a direct, substantial, and readily
identifiable financial impact on the member. A close familial relationship means a
spouse, parent, grandparent, child, grandchild, sibling, or any step, half, or in-law
relationship.
B. Members of the Planning Board shall not vote on any zoning amendment if the
landowner of the property subject to a rezoning petition or the Applicant for a text
amendment is a person with who the member has a close familial, business, or
associational relationship. If an objection is raised as to a member’s participation,
and that member does not recuse himself or herself, the remaining members shall
by majority vote rule on the objection.
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2.5 BOARD OF ADJUSTMENT
2.5.1 Establishment & Composition
A. A Board of Adjustment is hereby created as provided in NCGS § 160D-302.
B. The Board of Adjustment shall consist of six (6) members that includes five (5)
members and one (1) alternate. The County’s “Appointment Process for
Authorities, Boards, and Commissions” shall be followed in the appointment of
board members. Board of Adjustment members shall be residents of the County
and shall be appointed for three (3) year staggered terms. Upon expiration of a
member’s term of office, that member may be reappointed by the Board of
Commissioners and may continue to serve until a new member is appointed. At
the discretion of the Board of Commissioners, the same members of the Planning
Board may serve on the Board of Adjustment and the respective board shall select
a Chair per their bylaws. The Vice Chair shall preside as the Chair during the
selection of a Chair. The Chair will preside during the section of a Vice Chair.
Planning & Zoning Department Staff shall provide a Secretary.
C. Vacancies occurring on the Board of Adjustment shall be filled by the Board of
Commissioners for the remaining portion of an unexpired term.
D. The Board of Commissioners may remove members for cause upon written
charges for failure to comply with the attendance requirements of the County’s
“Appointment Process for Authorities, Boards, and Commissions”, for failure to
comply with the Conflict of Interest requirements in NCGS § 160D-109(d), or for
conduct unbecoming of an appointed board member.
2.5.2 Duties
The Board of Adjustment shall have the following powers and duties pursuant to
NCGS § 160D-302(b):
A. To hear and decide Appeals from any order, requirement, decision or
determination made by an administrative official charged with the
enforcement of this Ordinance.
B. To authorize, in specific cases, Variances from the terms of this Ordinance as
will not be contrary to the public interest where, owing to special conditions,
a literal enforcement of the provisions of this Ordinance would result in
unnecessary hardship.
C. To authorize, in specific cases, Watershed Variance in accordance with the
Water Supply Watershed Protection requirements.
D. To perform the powers and duties as set forth in the Flood Damage Prevention
regulations.
E. To hear and decide other quasi-judicial matters as delegated in this Ordinance.
F. The Board of Adjustment through the Chair, or in the Chair’s absence anyone
acting as chair, may subpoena witnesses and compel the production of
evidence. To request issuance of a subpoena, persons with standing under
NCGS § 160D-1402(c) may make a written request to the Chair explaining why
it is necessary for certain witnesses or evidence to be compelled. The Chair
shall issue requested subpoenas he or she determines to be relevant,
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reasonable in nature and scope, and not oppressive. The Chair shall rule on
any motion to quash or modify a subpoena. Decisions regarding subpoenas
made by the Chair may be appealed to the full Board of Adjustment. If a person
fails or refuses to obey a subpoena issued pursuant to this subsection, the
Board of Adjustment or the party seeking the subpoena may apply to the
General Court of Justice for an order requiring that its subpoena be obeyed,
and the court shall have jurisdiction to issue these orders after notice to all
proper parties.
2.5.3 Conflict of Interest
In accordance with NCGS § 160D-109(d), Members of the Board of Adjustment
shall not participate in or vote on any quasi-judicial matter in a manner that would
violate affected persons’ constitutional rights to an impartial decision maker.
Impermissible violations of due process include, but are not limited to, a member
having a fixed opinion prior to hearing the matter that is not susceptible to change,
undisclosed ex-parte communications, a close familial relationship, business, or
other associational relationship with an affected person, or a financial interest in
the outcome of the matter. If an objection is raised to a member’s participation
and that member does not recuse himself or herself, the remaining members shall
by majority vote rule on the objection. A close familial relationship means a
spouse, parent, grandparent, child, grandchild, sibling, or any step, half, or in-law
relationship.
2.6 BOARD OF COMMISSIONERS
2.6.1 Establishment & Composition
A. The Person County Board of Commissioners is the elected governing board and
shall fulfill the designated role of the governing board as outlined in NCGS §
160D as it relates to this Ordinance.
B. The Board of Commissioners shall be composed, elected, and operated as set
forth in NCGS § 153A.
2.6.2 Duties
The Board of Commissioners shall hold the following powers and duties related to
this Ordinance:
A. To review, hold public hearings and make decisions for Official Zoning Map
Amendments and Ordinance Text amendments.
B. To review and approve Major Subdivision Preliminary Plats.
C. To enter into Development Agreements, pursuant to Chapter 160D, Article 10.
D. To hear and decide requests for Special Use Permits, acting in the capacity as
a Board of Adjustment, pursuant to NCGS § 160D-406.
E. To make decisions on all issues related to the Unified Development Ordinance,
Official Zoning Map, Comprehensive Plan and other land use plans which may
be adopted from time to time.
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F. To enact fee schedules relating to the administration and the enforcement of
this Ordinance.
2.6.3 Conflict of Interest
A. In accordance with NCGS § 160D-109(a), a Board of Commissioners member
shall not vote on any legislative decision regarding a development regulation
adopted where the outcome of the matter being considered is reasonably
likely to have a direct, substantial, and readily identifiable financial impact on
the member. A Board of Commissioners member shall not vote on any zoning
amendment if the landowner of the property subject to a rezoning petition or
the Applicant for a text amendment is a person with whom the member has a
close familial, business, or other associational relationship. A close familial
relationship means a spouse, parent, grandparent, child, grandchild, sibling, or
any step, half, or in-law relationship.
B. In accordance with NCGS § 160D-109(d), in any matter, such as the hearing of
Special Use Permits, the Board of Commissioners acting in the capacity of a
Board of Adjustment shall not participate in or vote on any quasi-judicial
matter in a manner that would violate affected persons’ constitutional rights
to an impartial decision maker. Impermissible violations of due process
include, but are not limited to, a member having a fixed opinion prior to
hearing the matter that is not susceptible to change, undisclosed ex-parte
communications, a close familial, business, or other associational relationship
with an affected person, or a financial interest in the outcome of the matter.
If an objection is raised to a member’s participation and that member does not
recuse himself or herself, the remaining members shall by majority vote rule
on the objection.
2.7 UNIFIED DEVELOPMENT ORDINANCE CODE ENFORCEMENT
Person County shall maintain a Code Enforcement process, per NCGS § 160D-404, to uphold
adopted County regulations for the public’s general health, safety, and welfare. For purposes of
State law, this Ordinance is also known as the Public Nuisance Ordinance for Person County. The
County shall ensure that basic property maintenance occurs, public nuisances are minimized, and
property values are protected. A Code Enforcement Officer shall support, but does not enforce
minimum housing standards. The County shall employ a Staff to proactively inspect properties,
respond to resident complaints, and notice properties of violations to adopted County
regulations. The County shall require permits prior to development activity and those permits
shall be maintained throughout the construction process. The Administrator, with the assistance
of the Code Enforcement Officer, shall ensure that work is conducted in accordance with permits.
If the designated Code Enforcement Officer finds that any of the provisions of this Ordinance are
being violated, then they shall notify in writing the persons responsible for such violations,
indicating the nature of the violation and ordering the actions necessary to correct it. The Code
Enforcement Officer shall also take any other action authorized by this Ordinance to ensure
compliance with or to prevent violation of its provisions.
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2.7.1 Violations
Any of the following shall be a violation of this Ordinance and shall be subject to the enforcement
remedies and penalties provided by this Ordinance and by State law, specifically NCGS § 160A-
175, and NCGS § 160D-404:
A. Subdivision of land without approval.
B. Development or use that is inconsistent with development approvals.
C. Purposeful acts of errors or omissions.
D. Violation of land use, structure use, or any other development regulation of this
Ordinance.
E. Continuing a violation upon notification to cease the violation.
F. A public or private nuisance that adversely impacts the general health, safety, and welfare
of Person County, as verified by Person County Staff.
2.7.2 Enforcement Procedures
2.7.2.1Inspection & Investigation
A. In accordance with NCGS § 160D-403(e), the Administrator, Code Enforcement
Officer, or other designated Staff may inspect work undertaken pursuant to a
development approval to assure that the work is being done in accordance with
applicable State and local laws and the terms of the approval, where there is
probable cause for a public nuisance violation. In exercising this power, Staff may
enter any premises within the County for the purposes of inspection or other
enforcement action, upon presentation of proper credentials, as long as the
appropriate property owner consent has been given for inspection or an
appropriate inspection warrant has been secured.
B. The Administrator shall have the power to require written statements,
certifications, or the filing of reports with respect to pertinent questions relating
to complaints or alleged violations of this Ordinance, as necessary to determine
compliance with this Ordinance. Upon inspection or in response to a complaint
that is considered a public nuisance, the Code Enforcement Officer shall open a
Code Enforcement case and assign a case number. Persons responsible with
violation of this Ordinance are heretofore considered to be the Offender. The
Offender may be the property owner, tenant, or any other entity using the
property in violation of County regulations.
2.7.2.2Notices of Violation, Remedies, & Civil Penalties
A. In accordance with NCGS § 160D-404(a), when the Code Enforcement Officer
determines work or activity has been undertaken in violation of a development
regulation adopted pursuant to this Ordinance or other local development
regulation or any State law delegated to the County for enforcement purposes in
lieu of the State or in violation of the terms of a development approval, a written
Notice of Violation shall be issued via first-class and certified-mail (return receipt
required) to the Owner and Offender. Compliance shall be requested to be
performed within thirty (30) calendar days from the date of the letter or
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reasonable time determined by the Administrator or Code Enforcement Officer to
close the case.
B. When the Code Enforcement Officer determines that the property is not in
compliance at the end of the thirty (30) day period, a second Notice of Violation
will be sent via first-class and certified-mail (return receipt requested) to the
Owner and Offender, with a statement that the County will pursue civil penalties
towards costs incurred through inspections and estimated costs for abatement.
Subject to NCGS § 153A-1 and 160D-404, any person, firm or corporation violating
any provision of this Ordinance after receipt of a second Notice of Violation and
no compliance action taken, shall be subject to remedies and penalties. The
remedies identified in this Ordinance are cumulative and the County shall pursue
any or all of the same as its discretion to protect the general health, safety, and
welfare of the public. Civil penalties of $50.00 per day shall commence on the third
day after the second Notice of Violation letter is sent to the Owner and Offender
via first-class and certified-mail.
C. Remedies and civil penalties may result in one or more of Stop Work Order
issuance, revocation of a development approval, and/or court action. Where a
Stop Work Order is issued by the Administrator, work must cease until the
violation is remedied. Revocation of a development approval shall occur in the
same manner in which the approval was given, subject to NCGS § 160D-403 (f),
unless the violation is remedied.
D. Except as provided by NCGS § 160D-1114, Chapter 160D-1208, or otherwise
provided by law, a Notice of Violation may be appealed to the Board of
Adjustment, and enforcement action shall be stayed for the duration of the
appeal, pursuant to NCGS § 160D-405. Except as provided by NCGS § 160D-1114
and NCGS § 160D-1206, a Stop Work Order may be appealed pursuant to NCGS §
160D-405. No further work or activity shall take place in violation of a Stop Work
Order pending a ruling on the appeal. Violation of a Stop Work Order shall
constitute a Class III misdemeanor.
E. The County may also seek any appropriate equitable relief issuing from a court of
competent jurisdiction that it deems necessary to ensure compliance with the
provisions of this Ordinance. In such case, the General Court of Justice shall have
jurisdiction to issue such orders as may be appropriate, and it shall not be a
defense to the application of the County for equitable relief that there is an
adequate remedy at law.
F. Person County may utilize any or all ordinances adopted by the County, in addition
to regulations adopted in the North Carolina General Statutes to require public
agencies and private property owners to maintain their land and accompanying
structures for the purpose of protecting and improving the general health, safety,
and welfare of Person County, as well as to reduce or remove public or private
nuisances. This may include, but is not limited to, the removal of junk, debris,
environmental hazards, inoperable or abandoned vehicles, objects holding
stagnant water, or structures that pose a public health, safety, and welfare threat.
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G. Where authorized by a court of law in the State of North Carolina and with
property owner’s consent, the County and their site abatement consultants may
enter onto a property to abate a public or private nuisance. The costs incurred for
nuisance abatement will be filed with the courts for reimbursement or collection
from the County.
H. The number of inoperable or abandoned vehicles on a non-commercial salvage
yard, as defined in this Ordinance, per lot is limited to five (5) vehicles. No
inoperable or abandoned vehicle shall be illegally placed on the lot through theft,
repossession, confiscation, or trespassing. In the event that such inoperable or
abandoned vehicles are located on a lot, the inoperable or abandoned vehicles
will be towed at the property owner’s sole expense.
I. The number of inoperable or abandoned vehicles does not include campers or
recreational vehicles (RVs). The number of campers or RVs is limited to one (1) per
lot and, unless otherwise permitted in this Ordinance, shall not be occupied.
J. The inoperable or abandoned vehicles and their parts shall be in a condition to
become operable with minimal effort and shall not cause additional for future
nuisances, such as having standing water for mosquito breeding, expose electrical
wires, environmental hazards from batteries, motors, etc., or un-mowed grass or
vines growing around the vehicle.
K. The County shall require that all junk, debris, inoperable or abandoned vehicles,
or similar accumulation of material be located within the side or rear yard of a lot
and be screened from public view so as not become a visual nuisance. The screen
shall be a minimum six (6) foot high and 100% opaque to be added at the sole
expense of the private property owner to screen the material on-site from view.
The 100% opaque screen shall consist of a solid fence (wood, vinyl, chain link with
black mesh, landscaping, earthen berm, concrete masonry wall, or any
combination thereof, to achieve the 100% opaqueness.
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ARTICLE 4. REVIEW & APPROVAL PROCEDURES
ARTICLE 3. REVIEW & APPROVAL PROCEDURES
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3.1 PURPOSE & INTENT
3.1.1 Purpose & Intent, Applicability, & Decision Types
The purpose and intent of this Article is to establish an orderly process to develop land within
Person County for Applicants, affected neighbors, County Staff, related agencies, the Planning
Board, Board of Adjustment, and the Board of Commissioners. This Ordinance establishes the
procedures for all approvals, administrative reviews and administrative relief required by this
Ordinance. This Ordinance provides the user with a guide to the procedures to be followed and
the criteria for making decisions on each of the applications. It also provides for appeals from
decisions taken to the courts.
A. The development review process applies to all new development and alterations of
existing development within the County.
B. Where proper entitlements are in place with an approved plan, no change of use requires
an entitlement action per this Ordinance, or the Administrator determines that the
submission of a Site Plan in accordance with this Ordinance would serve no useful
purpose, the Administrator may waive the required development review for deminimus
conditions, where such change would not result in increased levels of service, in lot
coverage, parking, or other site characteristics.
C. The following table indicates the appropriate approval process for each development
type:
TABLE 3-1: DEVELOPMENT REVIEW PROCESSES
1 Board of Commissioners acting as Administrator
Development
Type
Approval
Type
Administrator
Approval
Planning
Board
Recommendation
Board of
Adjustment
Approval
Board of
Commissioners
Approval
Zoning Permit (single-family
& two-family residential)
Administrative 3
Zoning Permit with Site Plan
(multi-family residential &
non-residential)
Administrative 3
Zoning Permit for Sign Administrative 3
Floodplain Development
Permit
Administrative 3
Exempt Plat Administrative 3
Subdivision, Minor Administrative 3
Subdivision, Major
(Preliminary Plat)
Administrative1 Advisory 31
Subdivision, Major
(Construction Plans,
Improvements, & Final Plat)
Administrative 3
Appeal Quasi-judicial 3
Variance Quasi-judicial 3
Watershed Variance Quasi-judicial 3
Special Use Permit Quasi-judicial2 32
Ordinance Text Amendment Legislative Advisory 3
Zoning Map Amendment Legislative Advisory 3
Vested Rights (Extended) Legislative Advisory 3
Development Agreements Legislative Advisory 3
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2 Board of Commissioners acting as Board of Adjustment subject to the requirements of NCGS § 160D-406
3.1.1.1 Administrative Decisions
Subject to NCGS § 160D-403, administrative decisions are routine, non-discretionary
application of the Ordinance, carried out by Staff, including issuance of permits for permitted
uses. In general, the Administrator is a purely administrative agent following the literal
provisions of this Ordinance. The Administrator may engage in some fact finding. This
involves determining objective facts that do not involve an element of discretion. In contrast
to quasi-judicial hearings, administrative decisions are made without a hearing at all, with the
Staff member reviewing an application to determine if it is complete and compliant with
objective standards set forth in this Ordinance. In the case of Major Subdivision Preliminary
Plats, the Planning Board is acting in an advisory capacity and the Board of Commissioners is
acting as an extension of the Administrator and reviewing the Preliminary Plat for compliance
with the Ordinance.
3.1.1.2 Quasi-Judicial Hearing Procedures
Subject to NCGS § 160D-406, the provisions of this subsection apply to any application for a
Special Use Permit, Variance, Appeal, or any other quasi-judicial action. In making
quasi-judicial decisions, the decision-makers must investigate facts, or ascertain the existence
of facts, hold hearings, weigh evidence, and draw conclusions from them, as a basis for their
official action, and to exercise discretion of a judicial nature. In the land use context, these
quasi-judicial decisions involve the application of land use policies to individual situations,
such as Variances, Special Use Permits, and Appeals of administrative determinations. These
decisions involve two (2) key elements: 1) the finding of facts regarding the specific proposal
and 2) the exercise of some discretion in applying the standards of the Ordinance. Due
process requirements for quasi-judicial decisions mandate that certain standards be
observed when these decisions are made. This includes a public hearing with the right of the
parties to offer evidence, have sworn testimony, and have findings of fact supported by
competent, substantial, and material evidence. In the case of Special Use Permits, the Board
of Commissioners is acting as a Board of Adjustment.
3.1.1.3 Legislative & Advisory Hearings
Subject to NCGS § 160D-601, the purpose of legislative hearings is to provide the public an
opportunity to be heard. Unlike quasi-judicial hearings, a legislative proceeding does not
require due process protections, such as right of the parties to offer evidence, sworn
testimony, or findings of fact. Like quasi-judicial hearings, legislative hearings are public
hearings preceded by notice to interested parties. Public hearings are required for legislative
review hearings, such as amendments to the Comprehensive Plan, and amendments to this
Ordinance (including zoning provisions of this Ordinance and the Official Zoning Map). The
Planning Board has the role of advisory board, making a recommendation to Board of
Commissioners. The Board of Commissioners has the role of legislative board.
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3.1.2 General Provisions for All Approval Types
3.1.2.1 Applications
In accordance with NCGS § 160D-403, applications for development approvals may be made
by the landowner or a lessee, easement holder, or person holding an option or contract to
purchase or lease land with authorization as an agent of the landowner.
3.1.2.2 Due Public Notice
In accordance with NCGS § 160DǦ601, before adopting, amending, or repealing any ordinance
or development regulation authorized by this Ordinance, the Person County Board of
Commissioners shall hold a legislative hearing. A notice of the hearing shall be given once a
week for two (2) successive calendar weeks in a newspaper having general circulation in the
area. The notice shall be published the first time not less than 10 days nor more than 25 days
before the date scheduled for the hearing. In computing such period, the day of publication
is not to be included but the day of the hearing shall be included. There shall be a notice to
military bases, if the adoption or modification would result in changes to the zoning map or
would change or affect the permitted uses of land located five (5) miles or less from the
perimeter boundary of a military base. Person County shall provide written notice of the
proposed changes by certified-mail, return receipt requested, to the commander of the
military base not less than ten (10) days nor more than twenty-five (25) days before the date
fixed for the hearing. If the commander of the military base provides comments or analysis
regarding the compatibility of the proposed development regulation or amendment with
military operations at the base, the Person County Board of Commissioners shall take the
comments and analysis into consideration before making a final determination on the
ordinance. An ordinance shall be required for a development regulation adopted pursuant to
this Ordinance. Where there is downǦzoning, no amendment to zoning regulations or a zoning
map that downǦzones property shall be initiated nor is it enforceable without the written
consent of all property owners whose property is the subject of the downǦzoning
amendment, unless the downǦzoning amendment is initiated by the local government. For
purposes of this section, the term downǦzoning means a zoning ordinance that affects an area
of land by decreasing the development density of the land to be less dense than was allowed
under its previous usage or by reducing the permitted uses of the land that are specified in a
zoning ordinance or land development regulation to fewer uses than were allowed under its
previous usage.
In accordance with NCGS § 160DǦ602, written notices shall also be mailed to owners of
affected parcels of land for a notice of hearing on proposed zoning map amendments. Person
County will provide similar written notices on land use applications that are subject to public
hearings and shall expand that notice area to within 500-ft. of affected parcels of land, not
just to the owners of all parcels of land abutting the affected parcels of land. The written
notice shall be mailed a notice of the hearing with the proposed zoning map amendment by
firstǦclass mail at the last addresses listed for such owners that are listed on County tax
abstracts. Properties are considered abutting for this Ordinance when separated by streets,
easements, railroads, or other transportation corridors. The notice shall be deposited in the
mail not less than ten (10) days nor more than twenty-five (25) days prior to the date of the
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hearing. Signage for the public hearing is listed in this Ordinance under the Constructive
Notice section of this Ordinance.
3.1.2.3 Effect of Approval
A. In accordance with NCGS § 160D-403, development approvals shall be in writing and
may contain a provision that the development shall comply with all applicable State
and local laws. Person County may issue development approvals in print or electronic
form. Development approvals issued exclusively in electronic form shall be protected
from further editing once issued.
B. In accordance with NCGS § 160D-104, all rights, privileges, benefits, burdens, and
obligations created by development approvals made pursuant to this Ordinance and
the NCGS attached to and running with the land.
C. In accordance with NCGS § 160D-403, after a development approval has been issued,
no deviations from the terms of the application or the development approval shall be
made until written approval of proposed changes or deviations has been obtained
from the County. This Ordinance defines major modifications to development
approvals that cannot be exempted or administratively approved. Person County shall
follow the same development review and approval process required for issuance of
the development approval in the review and approval of any major modification of
that approval.
D. In accordance with 160D-403, development approvals shall be revoked for any
substantial departure from the approved application, plans, or specifications, for
refusal or failure to comply with the requirements of any applicable local
development regulation or any State law delegated to the County for enforcement
purposes in lieu of the State, or for false statements or misrepresentations made in
securing the approval. Any development approval mistakenly issued in violation of an
applicable State or local law may also be revoked. Development approvals may be
revoked by notifying the holder in writing stating the reason for the revocation.
Person County shall follow the same development review and approval process
required for issuance of the development approval, including any required notice or
hearing, in the review and approval of any revocation of that approval. The revocation
of a development approval by a Staff member may be appealed to the Board of
Adjustment.
3.1.2.4 Effect of Disapproval
A. Whenever the Board of Commissioners or Board of Adjustment disapproves a petition
from a member of the public (e.g., appeal, request for a Special Use Permit, Variance,
request for an interpretation, request for text or Official Zoning Map amendment,
vested rights, etc.) on any basis, other than the failure of the Applicant to submit a
complete application, such action may not be considered until a period of twelve (12)
months elapses, unless an Applicant clearly demonstrates that:
1. Circumstances affecting the property that is the subject of the application have
substantially changed.
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2. New information is available that could not with reasonable diligence have been
presented at a previous hearing. A request to be heard on this basis must be filed
with the Administrator, as listed in Section B below. Appeals to the Superior Court
for non-quasi-judicial matters shall be made directly to the court.
B. Notwithstanding items (1) and (2) listed above, the applicable Board, may at any time
consider a new application affecting the same property as an application previously
denied. A new application is one that differs in some substantial way from the one
previously considered. This determination shall be rendered by the Administrator in
writing within thirty (30) calendar days from the date of submittal.
3.1.2.5 Constructive Notice
Subject to NCGS § 160D-403(b), it is conclusively presumed that all persons with standing to
appeal have constructive notice of the determination from the date a sign providing notice
that a determination has been made is prominently posted on the property that is the subject
of the determination, so long as the sign remains on the property for at least ten (10) calendar
days. A posted sign shall contain the words "Zoning Decision" or "Subdivision Decision" or
similar language for other determinations in letters at least six (6) inches high and shall
identify the means to contact the County Staff member for information about the
determination. Posting of signs is not the only form of constructive notice. Any sign posting
is the responsibility of the landowner, Applicant, or person that sought the determination.
Verification of the posting shall be provided to the Staff member responsible for the
determination. Absent an ordinance provision to the contrary, posting of signs is not
required.
3.2 ADMINISTRATIVE ZONING PERMIT PROCEDURES
3.2.1 General Provisions for Zoning Permits & Certificates of Compliance
A. Where a Zoning Permit is required to determine the location of buildings, structures, or land
development on a property, activity shall not commence until the Administrator or designee
has issued a Zoning Permit for such, stating that the building and/or the proposed use thereof
complies with the provisions of this Ordinance. Zoning Permits shall be issued prior to the
construction/reconstruction of structures, solar energy systems, or wireless
telecommunications towers, or land uses, subject to the requirements of this Ordinance,
including watershed, stormwater, and flood damage prevention provisions. The Zoning
Permit shall include a final inspection acknowledgement, if required, by the Administrator
that is the Certificate of Compliance/Zoning Permit. Notwithstanding any other provisions of
this Ordinance, no Zoning Permit is necessary for the following uses:
1. Street construction or repair.
2. Electric power, telephone, cable television, gas, water and sewer lines, wires or pipes,
together with supporting poles or structures, located within a public right-of-way.
3. Specific signs exempted in this Ordinance.
4. Mailboxes, newspaper boxes, walls, birdhouses, flag poles, pump covers, playhouses,
animal pens, and doghouses under 50-SF.
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B. All applications for Zoning Permits must be complete and application fees paid before the
Administrator is required consider the application. An application is complete when it
contains all the information necessary for the Administrator to decide whether or not the
development, if completed as proposed, will comply with all of the requirements of this
Ordinance. A fee shall be paid, as provided in the schedule of fees adopted by the Board of
Commissioners.
C. The Administrator shall verify the location of the property in relation to any regulated Special
Flood Hazard Area. Any property located within a Special Flood Hazard Area shall be subject
to the Flood Damage Prevention Standards, including the issuance of a Floodplain
Development Permit. The Applicant is responsible for compliance with all FEMA provisions
for floodplain management prior to construction commencement. This may include
completing an Elevation Certificate by a licensed engineer or surveyor in the State of North
Carolina. It may also include the need for extra development measures or any form of Letters
of Map Revision.
D. Zoning Permits issued on the basis of dimensional plans approved by the Administrator
authorize only the use, arrangement, and construction set forth in such approved plans and
applications. Use, arrangement, or construction that differs from that authorized shall be
deemed a violation of this Ordinance and shall be subject to any and all sanctions.
E. The Administrator, through the County’s permitting software or other indexing program, shall
maintain a record of all Zoning Permits on file, and copies shall be made available upon
written request by interested parties, subject the Person County records policy.
F. No building which has been erected, added to, relocated, or structurally altered shall be used
or occupied until a Certificate of Occupancy for compliance with the Building Codes and Fire
Codes have been issued. No previously unoccupied structure shall be occupied until a
Certificate of Occupancy is issued by the County’s Inspections Department. No temporary
utilities shall be connected until a Building Permit is issued. No permanent utilities shall be
connected until a Certificate of Occupancy is issued. Temporary utilities shall only be issued
for ultimate permanent construction and not for permanent occupancy. Where temporary
utilities are deemed not associated with an effort towards permanent occupancy, the
Administrator or County Inspections Department may revoke the temporary utility permit(s).
G. All new development projects, including the expansion of existing buildings, accessory
structures, and impervious areas, within the Falls Lake Watershed may also be subject to
additional review, as part of the Zoning Permit review process.
H. No gas, electric, or water company or municipal departments shall provide utility services or
install a meter at a construction site unless a Zoning Permit has been issued.
I. Structures on Hyco Lake shall be subject to the Guidelines for the Use of Residential Properties
at Hyco Lake and shall demonstrate approval from the PCLA, prior to the issuance of a Zoning
Permit by the Person County Planning & Zoning Department, respective of intergovernmental
coordination.
3.2.2 Right of Appeal
A. If a Zoning Permit is denied, the Administrator shall specify the reasons for denial in writing.
The Applicant may appeal the action of the Administrator to the Board of Adjustment. Such
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3-8
appeal shall be made by the Applicant in writing to the Administrator within thirty (30)
calendar days from the receipt of permit denial, in accordance with NCGS § 160D-405.
B. Any other person with legal standing to appeal shall have thirty (30) calendar days from
receipt from any source of actual or constructive notice of the determination within which to
file an appeal. In the absence of evidence to the contrary, given by first-class mail shall be
deemed received on the third business day following deposit of the notice for mailing with
the United States Postal Service, in accordance with NCGS § 160D-405.
3.2.3 Certificate of Compliance and Zoning Permit
A. Certificates of Compliance or Temporary Certificate of Occupancy issuance shall be permitted
and the procedures shall follow NCGS § 160D-1116. The developer shall provide a
performance bond guarantee in a form acceptable to the County Manager or County
Attorney for the completion of the required improvements within a development, prior to
receipt of a Certificate of Compliance or Temporary Certificate of Occupancy issuance.
B. Except for uses approved for Bona Fide Farm purposes and in accordance with NCGS § 160D-
903, no land shall be used or occupied and no building or structure erected or altered shall
be used or changed in use for other than that Bona Fide Farm purpose, until a Zoning Permit
has been issued by the Administrator or designee stating that the building and/or the
proposed use have been inspected and comply with the provisions of this Ordinance. An As-
built survey shall be required to demonstrate compliance, as a requirement within a
Watershed Protection Overlay for the Falls Lake Watershed.
3.2.4 Zoning Permit Procedures for Single-Family & Two-Family Residential Uses
Zoning Permits for single-family residential and two-family residential uses and their customary
accessory structures shall be approved administratively, listed on the following pages:
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ARTICLE 3. REVIEW & APPROVAL PROCEDURES
3-9
STEP 1. Pre-Application Meeting
STEP 1
Pre-Application
Meeting
STEP 2
Application
Submittal
STEP 3
Administrator
Review & Approval
STEP 4
Additonal Approvals
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To minimize development planning costs, avoid misunderstanding or misinterpretation, and
ensure compliance with the requirements of this Ordinance, a pre-application meeting between
the developer and the Administrator concerning the application of this Ordinance to the
proposed development is recommended and optional. It is the intent to provide a preliminary
review of a property’s development potential and Staff direction for additional needed
information, but not as a type of approval.
Step 2. Application Submittal
A. For all new single-family residential buildings, two-family residential buildings, and their
accessory structures, the Applicant shall submit to the Planning & Zoning Department the
application and fee.
B. The application shall be accompanied by a survey, drawn to scale, showing accurate
dimensions of the lot to be built upon, accurate dimensions of the building to be erected, its
location on the lot, and such other information as may be necessary to provide for the
enforcement, as applicable, including but not limited to:
1. The exact shape, dimensions and location of the lot to be built upon and existing
structures on the lot.
2. The shape, dimensions, and location of the proposed structure(s).
3. All minimum setback lines and distances from property lines to the proposed structure(s)
affirmatively showing that the area of proposed location will meet all setback
requirements, including PCLA restrictions where applicable.
4. The nature of the proposed use of the building or land, including the extent and location
of the use, on the said lot.
5. The location and dimensions of off-street parking, driveways, off-site driveway
connections, and surface material.
6. Total impervious surface area is the impervious surface ratio (ISR) calculation that is the
total of all surfaces on a site that do not allow for percolation for drainage purposes.
7. The location of any well, septic tank, or septic field, with location approval from the
Person County Department of Environmental Health (Department of Environmental
Health).
8. Any other information that may be needed to ensure that the proposed structure is in
compliance with all applicable provisions of this Ordinance.
Step 3. Administrator Review & Approval
A. The Administrator shall review the application and survey in accordance with the
requirements of this Ordinance and any other applicable requirements and may inspect the
premises upon which the proposed structure is to be built. A permit shall be issued or denied
within thirty (30) calendar days of receipt of an application, provided the application is
complete, all fees are paid, and all required support documentation is provided with the
application. Failure to issue a Zoning Permit, based on these conditions, shall constitute
denial.
B. The Administrator or designee may request other applicable agencies to provide comments
regarding the proposed development.
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C. If the application and survey are found to meet all of the applicable regulations of this
Ordinance, then the Administrator shall issue a Zoning Permit.
D.If the Zoning Permit is denied, then the Administrator shall provide the reasons in writing to
the Applicant. The Applicant may appeal the action of the Administrator to the Board of
Adjustment. Such appeal shall be made in writing to the Administrator within thirty (30)
calendar days of receipt of permit denial.
Step 4. Additional Approvals (If Applicable)
Following approval of the Zoning Permit, the Applicant may obtain a Building Permit and
Certificate of Occupancy from Person County Building Inspections, if applicable.
3.2.5 Zoning Permit Procedures for Multi-Family Residential and Non-Residential
Development
Zoning Permits for multi-family residential and non-residential development shall be approved
administratively. The steps in the boxes below correspond with a detailed description of each
step of the process on the following pages.
Step 1. Pre-Application Meeting
A. To minimize development planning costs, avoid misunderstanding or misinterpretation, and
ensure compliance with the requirements of this Ordinance, a pre-application meeting
between the Applicant and the Administrator concerning the application of this Ordinance to
the proposed development is recommended and optional. It is the intent to provide a
preliminary review of a property’s development potential and Staff direction for additional
needed information, but not as a type of approval.
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ARTICLE 3. REVIEW & APPROVAL PROCEDURES
3-12
STEP 1
Pre-Application
Meeting
STEP 2
Application &
Site Plan Submittal
STEP 4
Administrative
Zoning Approval
STEP 5
Additonal
Approvals
STEP 3A
Administrator
Review
STEP 3B
TRC
Review
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3-13
B. When a pre-application meeting is requested by the Applicant, the Applicant shall submit to
the Administrator a Concept Plan showing the proposed site layout, design, location, and
dimensions. The Administrator shall review the Concept Plan for general compliance with the
requirements of this Ordinance and any other applicable requirements. The Administrator
shall advise the Applicant of the regulations pertaining to the proposed development and the
procedures to be followed. Any development is subject to other state, federal, and private
utility requirements, including properties in the Falls Lake Watershed, for stormwater
threshold review.
Step 2. Applicant Submits Application & Site Plan
A. The following submittal requirements may be altered by the Administrator as applicable:
1. One (1) full-size paper copy, one (1) reduced (11 x 17-inch) paper copy, one (1) electronic
copy in PDF format for initial review.
2. Two (2) full-size paper copies and one (1) electronic copy that includes revisions, following
Staff comments.
B. The Applicant shall submit the application, fee, and the Site Plan that provides the following
information:
1. Title Block: Development name, developer’s name, north arrow, scale (denoted
graphically and numerically), date of plan preparation and revision, location of
development (township, county, and state), County parcel identification number, name
and seal of registered surveyor or engineer preparing plan.
2. Vicinity Map: A vicinity map showing the location of the development in relation to the
surrounding area.
3. Site Data: Acreage in total tract, acreage in right-of-way, existing and proposed
impervious area and percentage, open space listed in acreage and percentage, residential
density in dwelling units per acre (if applicable).
4. Zoning: Indicate both on and adjacent to the land to be developed, the zoning of property
and location of zoning lines if property is located in more than one (1) zone.
5. Tract Boundaries: Exact boundaries of the tract or portion thereof to be developed, with
all bearings and distances accurately shown.
6. Property Lines: Property lines and owners’ names of record of all adjoining properties
and/or adjoining development of record which intersect with the perimeter of the tract
being developed.
7. Topographic Lines: Topographic contour lines at a minimum of ten (10) foot contour
intervals.
8. Natural Features/Critical and Sensitive Areas: Streams, creeks, ponds, reservoirs, location
of the floodway and flood fringe boundaries if applicable, wetlands, farmland, rock
outcrops, wooded areas, slopes greater than 25%, significant cultural features including
cemeteries and National Register of Historic Places landmarks or districts.
9. Existing Physical Features: Existing physical features including buildings, streets (include
names, whether public or private, right-of-way, pavement type and width), railroads,
power lines, drainage ways, culverts and drainpipes, sewer and water mains and any
public utility easements on and adjacent to the tract being developed.
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3-14
10. Proposed Site Layout: All proposed building and parking locations with dimensions,
easements, designation of any dedication or reservations to be made, building setback
lines, including PCLA restrictions where applicable, traffic circulation, and proposed use
of land.
11. Water & Sewer: Provision of water and sewer disposal shall be indicated by one (1) of the
following methods:
x Utility Plan: Plans showing water and sewer system layouts including location of lines,
line sizes, location of manholes, pumps, hydrants, force mains or treatment facilities
and the connection of the proposed system(s) with existing systems.
x Department of Environmental Health or Department of Environmental Quality
Approval: Location plans for individual water supply and septic system as approved
by Department of Environmental Health and/or the North Carolina Department of
Environmental Quality (NCDEQ) (if connection to public systems is not possible).
12. Grading and Soil and Erosion Control Plan: A soil and erosion control plan approved by
NCDEQ.
13. Driveway Permits: Any NCDOT driveway permit.
14. Article Standards: Demonstration that all of the development standards of this Article
have been met to potentially include:
x Supplemental requirements for certain uses
x Stormwater Plan, including compliance with Falls Lake Watershed Requirements, if
applicable
x Flood Damage Prevention compliance
x For multi-family residential developments, open space compliance
x Landscaping compliance
x Parking and access compliance
x Infrastructure compliance
x Building elevations (optional)
15. The location of any proposed freestanding signage, subject to the issuance of a separate
Zoning Permit for Signs.
Step 3A & B. Administrator/TRC Review
A. Once a complete application and Site Plan are accepted by Staff, the Administrator and the
TRC shall review the Site Plan in accordance with the requirements of this Ordinance and any
other applicable local, state, or federal requirements.
B. The TRC may provide comments to the Administrator regarding the proposed development,
and those comments shall be provided to the Applicant to be addressed on the Site Plan.
C. The developer shall address comments necessary to meet all applicable local, state, and
federal requirements and submit a revised plan.
Step 4. Administrative Zoning Approval
A. If a Site Plan is found to meet all applicable regulations of this Ordinance, then the
Administrator shall issue a Zoning Permit.
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ARTICLE 3. REVIEW & APPROVAL PROCEDURES
3-15
B. If the Zoning Permit is denied, the Administrator shall provide the reasons in writing. The
Applicant may appeal the action of the Administrator to the Board of Adjustment, as provided
for herein. Such appeal shall be made within thirty (30) calendar days of receipt of permit
denial.
Step 5. Additional Approvals
Following approval of the Zoning Permit, the Applicant may obtain a Building Permit from the
Person County Inspections Department, if applicable. Following completion of construction and
prior the issuance of a Certificate of Occupancy by the Person County Building Inspector, the
developer shall coordinate with the Administrator to conduct a final site development inspection
to ensure that the approved plan has been followed and all required improvements have been
installed to Person County development standards. Upon satisfactory completion of all required
improvements, a Certificate of Compliance shall be issued by the Administrator, and the
Certificate of Occupancy may be issued by the Person County Inspections Department.
3.2.6 Zoning Permit Procedures for Signs
Zoning Permits for signs shall be approved administratively and shall comply with the
requirements of this Ordinance. The steps in the boxes below correspond with a detailed
description of each step of the process on the following pages.
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ARTICLE 3. REVIEW & APPROVAL PROCEDURES
3-16
STEP 1
Pre-Application
Meeting
STEP 2
Application &
Sign Drawing Submittal
STEP 3
Administrator
Review & Approval
STEP 4
Additonal Approvals
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ARTICLE 3. REVIEW & APPROVAL PROCEDURES
3-17
Step 1. Pre-Application Meeting
A. To minimize development planning costs, avoid misunderstanding or misinterpretation, and
ensure compliance with the requirements of this Ordinance, a pre-application meeting
between the Applicant and the Administrator concerning the application of this Ordinance to
the proposed development is recommended and optional. It is the intent to provide a
preliminary review of a property’s development potential and Staff direction for additional
needed information, but not as a type of approval.
B. When a pre-application meeting is requested by the Applicant, the Applicant shall submit to
the Administrator a Concept Plan showing the proposed site layout, design, location, and
dimensions. The Administrator shall review the Concept Plan for general compliance with the
requirements of this Ordinance and any other applicable requirements. The Administrator
shall advise the Applicant of the regulations pertaining to the proposed development and the
procedures to be followed. Any development is subject to other state, federal, and private
utility requirements, including properties in the Falls Lake Watershed, for stormwater
threshold review.
Step 2. Application & Sign Drawing Submittal
The Applicant shall submit the completed application, fee and a drawing of the sign and its
location with the following information:
A. The shape, dimensions, content, colors, and type of the sign.
B. The location of the sign on the lot with respect to buildings, parking lots, property lines and
adjacent rights-of-way.
C. Whether or not the sign is externally illuminated (electric permit may be required from
Person County Inspections Department).
D. For wall signs, the building length and height.
E. Any other information which the Administrator may deem necessary for consideration in
enforcing the provisions of this Ordinance.
Step 3. Administrator Review & Approval
A. The Administrator shall review the application and drawing in accordance with the
requirements of this Ordinance and any other applicable requirements.
B. If the application and drawing are found to meet all of the applicable regulations of this
Ordinance, then the Administrator shall issue a Zoning Permit for the sign.
C. If the Zoning Permit is denied, the Administrator shall provide the reasons in writing. The
Applicant may appeal the action of the Administrator to the Board of Adjustment, as provided
for herein. Such appeal shall be made within thirty (30) calendar days of receipt of permit
denial.
Step 4. Additional Approvals
Following approval of the Zoning Permit for an illuminated or freestanding sign, the Applicant
may obtain a Building Permit or Electrical Permit from Person County Building Inspections, if
required.
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ARTICLE 3. REVIEW & APPROVAL PROCEDURES
3-18
3.2.7 Performance Guarantees for Zoning Permits
A. In the event that the required improvements or construction has not been completed prior
final zoning inspection, the developer shall guarantee the completion of the required
improvements in a development by means of a performance bond with surety or other
guarantees satisfactory to the County Manager or County Attorney in an equal amount to
125% of the estimated cost of the required improvements whereby improvements may be
made and utilities installed. The reasonably estimated cost of completion shall include 100%
of the costs for labor and materials necessary for completion of the required improvements.
Where applicable, the costs shall be based on unit pricing. The additional 25% allowed under
this Ordinance includes inflation and all costs of administration regardless of how such fees
or charges are denominated. One of the following methods shall be pursued by the developer
to ensure the installation of said improvements:
1. Filing a performance bond with surety with the developer/property owner as principal
and a surety approved by the County Manager or County Attorney upon recommendation
of the County Engineer, in an amount approved by the County Manager or County
Attorney upon recommendation of the County Engineer.
2. Depositing or placing in escrow a certified check or cash in an amount to be determined
by the County Manager or County Attorney upon recommendation of the County
Engineer. Portions of the security deposit may be released as the work progresses.
3. Filing an irrevocable letter of credit guaranteeing payment to Person County in the event
of default in an amount to be determined by the County Manager or County Attorney
upon recommendation of the County Engineer.
4. Other form of guarantee that provides equivalent security to a performance bond surety
or letter of credit.
B. The duration of the performance guarantee shall initially be one year, unless the developer
determines that the scope of work for the required improvements necessitates a longer
duration. In the case of a bonded obligation, the completion date shall be set one year from
the date the bond is issued, unless the developer determines that the scope of work for the
required improvements necessitates a longer duration.
C. The developer shall have the option to post one type of a performance guarantee as provided
for in this subsection, in lieu of multiple bonds, letters of credit, or other equivalent security,
for all development matters related to the same project requiring performance guarantees.
Performance guarantees associated with erosion control and stormwater control measures
are not subject to the provisions of this Ordinance.
D. A developer shall demonstrate reasonable, good-faith progress toward completion of the
required improvements that are secured by the performance guarantee or any extension. If
the improvements are not completed to the specifications of the Person County, and the
current performance guarantee is likely to expire prior to completion of the required
improvements, the performance guarantee shall be extended, or a new performance
guarantee issued, for an additional period, provided that the extension shall only be for a
duration necessary to complete the required improvements. If a new performance guarantee
is issued, the amount shall be determined by the procedure provided in this subsection and
shall include the total cost of all incomplete improvements.
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E. A performance bond or other guaranty as allowed in this subsection may be reduced
proportionally upon the satisfactorily completion of some of the required improvements. Any
reduction shall be limited only to that percentage of completion as determined and certified
by the Administrator. The reduction shall not exceed 75% of the said original bond or
guarantee.
F. When the required improvements have been completed, the developer shall notify the
Administrator. The Administrator shall request comments relative to those improvements
from NCDOT, the North Carolina Department of Environmental Quality (NCDEQ), and the
Department of Environmental Health, who will notify the Administrator that the
improvements have been installed to their satisfaction. The Administrator shall request in
writing to the County Manager or County Attorney to release the bond, letter of credit or
funds from escrow. When required improvements that are secured by a bond are completed
to the specifications of Person County and accompanying agency, or are accepted by Person
County, if subject to County acceptance, upon request by the developer, Person County shall
timely provide written acknowledgement that the required improvements have been
completed. In the event of default by the developer, the County Manager or County Attorney
is authorized to call for payment of the bond or letter of credit or to release security from
escrow and to utilize such funds for the completion of improvements in a manner as
determined by the Board of Commissioners.
3.3 SUBDIVISION PROCEDURES
3.3.1 Subdivisions Defined
A. All Plats and proposed subdivisions shall be reviewed by the Administrator for initial
determination as to whether the proposed subdivision is to be classified as a subdivision or
is exempt from subdivision requirements.
B. In accordance with NCGS § 160D-802, “Subdivision” shall mean all divisions of a tract or parcel
of land into two (2) or more lots, building sites, or other divisions for the purpose of sale or
building development (whether immediate or future) and shall include all divisions of land
involving the dedication of a new street or a change in existing streets, but the following shall
not be included within this definition nor be subject to the regulations of this Ordinance:
1. The combination or recombination of portions of previously subdivided and recorded.
2. Lots where the total number of lots is not increased and the resultant lots are equal to or
exceed the standards of this Ordinance.
3. The division of land into parcels greater than 10-acres where no street right-of-way
dedication is involved.
4. The public acquisition by purchase of strips of land for the widening or opening of streets.
5. The division of a tract in single ownership whose entire area is no greater than two (2)
acres into not more than three (3) lots, where no street right-of-way dedication is
involved and where the resultant Lots are equal to or exceed the standards of this
Ordinance.
6. The division of a tract of land into parcels that is in accordance with the terms of a
probated will or with intestate succession under NCGS § 29.
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ARTICLE 3. REVIEW & APPROVAL PROCEDURES
3-20
C. In addition to the statutory definition of subdivision, for the purposes of this Ordinance, the
following divisions of land shall be exempt from the subdivision process and minimum zoning
dimensional requirements. However, lots created under these provisions shall not permit
the construction of a habitable structure unless minimum zoning dimensional requirements
and access standards are met:
1. The division of a tract for the sole purpose of the placement of permanent equipment
and buildings for the provision of water and sewer service.
2. The division of land for use as gravesites.
3. A division of land which has been created by a judicial partition and/or sale.
4. Any Plat presented for recordation that a lot is shown and pledged as collateral for loan
proceeds and where the property depicted by the Plat is part of a larger tract of property
that is owned by the same entity.
D. In accordance with NCGS § 160D-802(c), a Subdivision Plat may only be required for
recordation for the division of a tract or parcel of land in single ownership if all of the following
criteria are met:
1. The tract or parcel to be divided is not exempted under Subsection (B) or (C) above.
2. No part of the tract or parcel to be divided has been divided under this subsection in the
ten (10) years prior to division.
3. The entire area of the tract or parcel to be divided is greater than five (5) acres.
4. After division, no more than three (3) lots result from the division.
5. After division, all resultant lots comply with all of the following:
x Any lot dimension size requirements of the applicable land-use regulations, if any.
x Use of the lots is in conformity with the applicable zoning requirements, if any.
x A permanent means of ingress and egress is recorded for each lot.
4.3.2 Subdivision Plat Exemption
A. If the Administrator determines that a division of land does not meet the definition of a
subdivision as set forth by NCGS § 160D-802, then the division shall be considered a
Subdivision Plat exemption and shall not be subject to the subdivision review process.
However, all minimum zoning district requirements, watershed, stormwater, and floodplain
requirements of this Ordinance still apply.
B. Exempt Plats shall be reviewed with a decision rendered within ten (10) calendar days.
C. The Administrator shall ensure that resultant lots comply with the dimensional, frontage and
access requirements of the zoning district in which the property is located. Where a public
street is to be created, dedicated and platted as part of the division, the division shall not be
exempt from the provisions of this Ordinance regardless of any other factors. If the
Administrator determines that the proposed Subdivision Plat is exempt from the subdivision
provisions of this Ordinance, the Subdivision Plat shall be endorsed with the following
certificates, signed and dated by all record property owner(s) with direct interest in the
property, the surveyor, and the Administrator:
x Certificate of Subdivision Type by Surveyor
“This survey is of another category of subdivision such as recombination of existing
parcels, a court-ordered survey, or other exception to the definition of subdivision per
NCGS § 160D-802.”
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x Exemption from NCGS § 160D-802 Compliance Statement by Surveyor
“Approval of this exempt Subdivision Plat constitutes compliance with NCGS § 160D-802
only. Further development of the parcels shown subsequent to the date of this Plat shall
be subject to all applicable federal, state, and local laws, statutes, ordinances, and/or
codes.”
x Exempt Plat Certificate
I certify that this Plat is exempt from subdivision regulations in accordance with NCGS §
160D-802 and the Person County Unified Development Ordinance and meets the
minimum zoning standards of Person County.
______________________________________ _______________
Administrator Date
D.Following approval and execution of requisite Certificate signatures, the Plat shall be
recorded within sixty (60) calendar days of the date of approval at the Person County Register
of Deeds Office to create legal lots of record and to vest development approvals. Failure to
record the Plat will not create legal lots of record and the Plat will become null and void.
E.After the Final Plat is recorded, the property owner or agent may proceed with obtaining any
necessary zoning and building permit approvals for construction, as required by this
Ordinance and the North Carolina Building Code.
4.3.3 Minor Subdivision Defined
A. A Minor Subdivision is defined as a subdivision where:
1. No public streets are proposed.
2. The parcel of land is not within an existing minor or Major Subdivision or a part thereof.
3. No more than five (5) lots are created after the subdivision is completed and no additional
lots are created without being subject to the requirements for a Major Subdivision within.
4. No public or community water or sewer systems are proposed.
B.Minor Subdivisions shall follow the review procedures. Prior to Final Plat approval, the
Applicant shall provide documentation of satisfactory approval by the Department of
Environmental Health for on-site septic suitability for each new lot created.
4.3.4 Major Subdivision Defined
A. A major subdivision is defined as a subdivision where one (1) or more of the following exist:
1. New public streets are proposed.
2. More than five (5) lots will result after the subdivision is completed.
3. A public or community water and/or sewer system is proposed.
B. Major Subdivisions shall follow the review procedures.
C. Major Subdivisions shall include a recorded Plat for granting of development rights and
vesting.
4.3.5 Minor Subdivision Procedures
Minor Subdivisions shall be reviewed administratively in accordance with the procedures of this
Ordinance.
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Step 1. Pre-Application Meeting
STEP 1
Pre-Application
Meeting
STEP 2
Application &
Final Plat Submittal
STEP 3
Administrator
Review & Approval
STEP 4
Final Plat Recorded to Vest
Develoment Approvals
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A. To minimize development planning costs, avoid misunderstanding or misinterpretation, and
ensure compliance with the requirements of this Ordinance, a pre-application meeting
between the Applicant and the Administrator concerning the application of this Ordinance to
the proposed development is recommended and optional. It is the intent to provide a
preliminary review of a property’s development potential and Staff direction for additional
needed information, but not as a type of approval.
B.When a pre-application meeting is requested by the Applicant, the Applicant shall submit to
the Administrator a Concept Plan showing the proposed site layout, design, location, and
dimensions with the criteria listed below. The Administrator shall review the Concept Plan
for general compliance with the requirements of this Ordinance and any other applicable
requirements. The Administrator shall advise the Applicant of the regulations pertaining to
the proposed development and the procedures to be followed. Any development is subject
to other state, federal, and private utility requirements, including properties in the Falls Lake
Watershed, for stormwater threshold review.
Step 2. Application & Final Plat Submittal
A. The Applicant shall submit to the Administrator or his designated agent at least two (2) hard
copies and one (1) PDF electronic copy of the proposed Minor Subdivision and shall record
the Final Plat. Unrecorded Final Plats do not grant development rights and are not vested.
B. The proposed Final Plat shall be prepared by a professional land surveyor or engineer licensed
to render said service in the State of North Carolina at a scale of no less than one (1) inch to
200-ft. and shall comply with NCGS § 47-30, as amended. Final Plats shall be of a size suitable
for recording with the Person County Register of Deeds. Maps may be placed on more than
one (1) sheet with appropriate match lines.
C. Final Plats shall include the following information:
1. Title Block: Subdivision name, scale denoted graphically and numerically, date of Plat
preparation, Person County parcel identification number, and township, county and state
in which the subdivision is located and the name(s) of the owner(s) and the registered
surveyor responsible for the subdivision (including the seal and registration number of
the registered surveyor).
2. Vicinity Map and North Arrow: A vicinity map showing the location of the development
in relation to the surrounding area.
3. Tract Boundaries & Project Acreage: The exact boundary lines of the tract to be
subdivided fully dimensioned by lengths and bearings and the location of intersecting
boundary lines and adjoining lands, with acreage totals of all tracts and remainder
amounts.
4. Adjoining Property Owners: The names and deed references of owners of adjoining
properties and adjoining developments of record (proposed or under review).
5. Zoning and Municipal Limits: Indicate both on and adjacent to the land to be subdivided
the location of any municipal limits, zoning of property and location of zoning lines if
property is located in more than one (1) zone, including overlay districts.
6. Watershed Protection Overlay Information: If the property is located in a watershed
protection overlay, provide the name and boundaries of the overlay and any maximum
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impervious area, minimum lot size, or stormwater requirements applicable to the
watershed.
7. Setbacks and Building Envelopes: Provide the minimum building setbacks in both table
format and on the lot, including PCLA restrictions where applicable.
8. Location of Improvements: All visible and apparent existing structures, streets, utilities,
and other such improvements shall be accurately located where crossing or forming any
boundary line of the property shown.
9. Surveying Data: Sufficient engineering data and datum reference to determine readily
and reproduce on the ground every straight or curved boundary line, street line, lot line,
PCLA line, right-of-way line, easement line and setback line, including dimensions,
bearings or deflection angles, radii, central angles and tangent distances for the centerline
of curved streets and curved property lines that are not the boundary of curved streets.
10. Monuments: The accurate locations and descriptions of all monument, markers and
control points.
11. Lot Numbers: The lots numbered consecutively throughout the entire subdivision or
portion to be recorded.
12. Utility and Drainage easements: Reservations and easements to be dedicated to public
uses or sites for other than residential use with notations expressing the purpose and
limitation thereof.
13. Rights-of-Way: The location and dimensions of all rights-of-way, utility or other
easements, natural buffers, pedestrian or bicycle paths and areas to be dedicated to
public use with the purpose of each stated.
14. Flood Information: The location of the floodway and flood fringe boundaries, if applicable.
15. Forms of Final Certifications: The following certificates shall be shown on the original and
all copies of the Final Plat:
• Certificate of Approval of Subdivision Final Plat
This Subdivision Plat has been found to comply with the provisions of the Person
County Unified Development Ordinance and is approved this date for recording in the
Person County Office of the Register of Deeds.
_________________________________ ____________
Administrator Date
x Certificate of Ownership and Dedication
I hereby certify that I am the owner of the property shown and described hereon,
which is located in the subdivision jurisdiction of Person County and that I hereby
adopt this plan of subdivision with my free consent, establish minimum building
setback lines, and dedicate all easements to public or private use as noted.
__________________________ ________________
Owner Date
x Certificate of Survey and Accuracy in Accordance with the Standards and Practice
for Land Surveying in North Carolina:
On the face of each map prepared for recordation there shall appear a certificate
acknowledged before an officer authorized to take acknowledgments and executed
by the person making the survey or map including deeds and any recorded data shown
thereon. The Certificate shall include a statement on error of closure calculated by
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latitudes and departures. Any lines on the map which were not actually surveyed must
be clearly indicated of the map and a statement included in the certificate revealing
the source of the information. The certificate shall take the following general form:
State of North Carolina, Person County
"I, ______, certify that this Plat was drawn under my supervision from an actual survey
made under my supervision (deed description recorded in Book ____, page ____, etc.)
(other), that the boundaries not surveyed are clearly indicated as drawn from
information found in Book ____, page ____, that the ratio of precision or positional
accuracy as calculated is ____, that this Plat was prepared in accordance with G.S. 47-
30, as amended. Witness my original signature, license number and seal this ____ day
of ____, A.D., ____.
Seal or Stamp
___________________________
Professional Land Surveyor
License Number"
x Certificate of Subdivision Type
It is the duty of the surveyor to certify to one of the following on the face of the Plat:
1. That the survey creates a subdivision of land within Person County that is
regulated by the Person County Unified Development Ordinance, that
regulates the subdivision of parcels of land.
2. That the survey is of an existing parcel or parcels of land.
3. That the survey is of another category, such as recombination of existing
parcels, a court-ordered survey, or other exception to the definition of
subdivision.
4. That the information available to the surveyor is such that the surveyor is
unable to make a determination to the best of his/her professional ability as
to the provisions contained in (1) through (3) above.
x Review Officer Certificate
State of North Carolina, County of Person
I, _____________________________________, Review Officer of Person County,
certify that the map or Plat to which this certification is affixed meets all statutory
requirements for recording.
_______________________________________ ________________
Review Officer Date
x Special Flood Hazard Area or FUDS Camp Butner Range Note
Note: (Part of) this property (does/does not) lie in a Special Flood Hazard Area
Reference: Floodway Panel #_______________ Date:_________________ (of Panel)
(If part of the property is in a Special Flood Hazard Area it shall be shown graphically
on the Plat and comply with the Flood Damage Prevention Regulations, or within the
FUDS Camp Butner Range that shall be shown graphically).
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x Voluntary Agricultural District Statement
The following statement shall be placed on all Subdivision Plats that include lots
located within a Voluntary Agricultural District:
“These parcels are located within a Voluntary Agricultural District, subject to the
Person County Voluntary Agricultural District Ordinance and NCGS § 106-701.
x Voluntary Agricultural District Proximity Statement
The following statement shall be placed on all Subdivision Plats that include lots that
are within one-half (1/2) aerial mile of a Voluntary Agricultural District:
“These parcels are located within one-half (1/2) mile of property that is presently used
for agricultural purposes. Normal agricultural operations may conflict with residential
land use. NCGS § 106-701 provides some protection for existing agricultural
operations against nuisance laws.”
Step 3. Administrator Review & Approval
A. The Administrator shall review the Final Plat and shall render the determination within ten
(10) calendar days that said proposal meets all requirements relative thereto. Based upon
those findings, the Administrator shall either approve or disapprove the proposed Final Plat.
B. Prior to Final Plat approval, the Applicant shall provide documentation of satisfactory
approval by the Department of Environmental Health for on-site septic suitability with
minimum separation from a well, if provided, for each new lot created.
C. The decision of the Administrator may be appealed to the Board of Adjustment by the
Applicant. The Board of Adjustment shall render a decision to approve or deny their decision.
Step 4. Final Plat Recorded to Vest Development Approvals
A. Following approval and execution of requisite Certificate signatures, the Plat shall be
recorded by the Applicant within sixty (60) calendar days of the date of approval at the Person
County Register of Deeds Office to create legal lots of record and to vest development
approvals. Failure to record the Plat will not create legal lots of record and the Plat will
become null and void.
B. After the Final Plat is recorded, the property owner or agent may proceed with obtaining any
necessary zoning and building permit approvals for construction, as required by this
Ordinance and the North Carolina Building Code.
4.3.6 Major Subdivision Procedures
Major Subdivision Preliminary Plats shall be approved by the Board of Commissioners following
a recommendation by the Planning Board, while Construction Plans, and Final Plats shall be
approved by the Administrator. The steps in the boxes below correspond with a detailed
description of each step of the process on the following pages.
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Phase 1: Preliminary Plat
CONTINUED ON NEXT PAGE
STEP 1
Pre-Application
Meeting
STEP 2
Applicant Submits
Preliminary Plat
STEP 4
Planning Board
Review & Recommendation of
Preliminary Plat
STEP 5
Board of Commissioners
Review & Consideration of
Preliminary Plat
STEP 3A
Administrator Review &
Recommendation of
Preliminary Plat
STEP 3B
TRC Review of
Preliminary Plat
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Phase 2: Construction Plans
Phase 3: Final Plat
STEP 6
Applicant Submits
Construction Plans
STEP 8
Improvements Installed
and
Inspected or Guaranteed
STEP 7A
Administrator Review &
Approval of
Construction Plans
STEP 7B
TRC Review &
Approval of
Construction Plans
STEP 9
Applicant Submits
Final Plat
STEP 11
Administrator
Approval of
Final Plat
STEP 12
Applicant Records
Final Plat
at Register of Deeds
STEP 10A
Administrator
Review of
Final Plat
STEP 10B
TRC Review of
Final Plat
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ARTICLE 3. REVIEW & APPROVAL PROCEDURES
3-29
PHASE 1: PRELIMINARY PLAT REVIEW
Step 1. Pre-Application Meeting
A. To minimize development planning costs, avoid misunderstanding or misinterpretation, and
ensure compliance with the requirements of this Ordinance, a pre-application meeting
between the Applicant and the Administrator concerning the application of this Ordinance to
the proposed development is recommended and optional. It is the intent to provide a
preliminary review of a property’s development potential and Staff direction for additional
needed information, but not as a type of approval.
B. When a pre-application meeting is requested by the Applicant, the Applicant shall submit to
the Administrator a Concept Plan showing the proposed site layout, design, location, and
dimensions with the criteria listed below. The Administrator shall review the Concept Plan
for general compliance with the requirements of this Ordinance and any other applicable
requirements. The Administrator shall advise the Applicant of the regulations pertaining to
the proposed development and the procedures to be followed. Any development is subject
to other state, federal, and private utility requirements, including properties in the Falls Lake
Watershed, for stormwater threshold review.
Step 2. Application & Preliminary Plat Submittal
A. The Applicant shall submit the application, the applicable review fee, and three (3) hard
copies and one (1) PDF electronic copy of the Preliminary Plat, prepared by a Professional
Land Surveyor currently licensed and registered by the North Carolina State Board for
Professional Engineers and Land Surveyors.
B. The Preliminary Plat shall be submitted to the Administrator at least sixty (60) calendar days
prior to the meeting at which the Applicant desires the Planning Board to review the
Preliminary Plat. The Preliminary Plat shall be at a scale of not less than one (1) inch equals
200-ft. Maps may be placed on more than one (1) sheet with appropriate match lines.
C. The Preliminary Plat shall provide the following information:
1. Title Block: Subdivision name, scale denoted graphically and numerically, date of Plat
preparation, Person County parcel identification number, and township, county and state
in which the subdivision is located and the name(s) of the owner(s) and the registered
surveyor responsible for the subdivision (including the seal and registration number of
the registered surveyor).
2. Vicinity Map and North Arrow: A vicinity map showing the location of the development
in relation to the surrounding area.
3. Tract Boundaries & Project Acreage: The exact boundary lines of the tract to be
subdivided fully dimensioned by lengths and bearings and the location of intersecting
boundary lines and adjoining lands, with acreage totals of all tracts and remainder
amounts.
4. Existing Features Plan: A separate map drawn at the same scale as the Preliminary Plat
showing the existing topography with contour intervals of four (4) feet, buildings, streets
(include names, whether public or private, right-of-way, pavement type and width),
railroads, power lines, drainage ways, culverts and drainpipes, sewer and water mains,
public utility easements, existing groundcover, wetlands or streams, soil classifications, a
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statement in regard to the locations of any Special Flood Hazard Areas, designated
conservation areas, the proximity to or participation in a Voluntary Agricultural Districts,
and significant cultural features including cemeteries and National Register of Historic
Places landmarks or districts on and adjacent to the tract being subdivided.
5. Site Data Table. Summary of data graphically depicted on the Preliminary Plat.
6. Watershed Protection Overlay Compliance and Stormwater Conceptual Plan for Major
Subdivisions and non-residential projects: Demonstration of compliance with Watershed
Protection Overlay requirements.
7. Zoning and Municipal Limits: Indicate both on and adjacent to the land to be subdivided
the location of municipal limits (if applicable), zoning of property and location of zoning
lines if property is located in more than one (1) zone.
8. Tract Boundaries: Exact boundaries of the tract or portion thereof to be subdivided, with
all bearings and distances accurately shown.
9. Property Lines and Information: Property lines and owners’ names of record of all
adjoining properties and/or adjoining development of record which intersect with the
perimeter of the tract being subdivided.
10. Proposed Lot Layout: All proposed lot and street right-of-way lines with approximate
dimensions, lot numbers, all easements, designation of any dedication or reservations to
be made, building setback lines, PCLA lines (where applicable), proposed use of land if
other than single family residences, and proposed septic tank and drainfield locations for
each lot (if applicable).
11. Street Layout: Proposed streets and alleys, showing pavement widths, rights-of-way,
curbing, sidewalks, or trails, if any.
12. Street Maintenance: Statement that street rights-of-way are offered for dedication to
public use and, if accepted, shall be turned over for NCDOT ownership and maintenance.
13. Water and Sewer: Provision of public or private water and wastewater disposal shall be
indicated (if applicable). Location of nearest existing and proposed water and sewer line
sizes (if applicable) and types and statements regarding how property will be served with
water, sewer, and fire protection.
14. Well and Septic: Written evidence of approval of the proposed well and septic areas by
the Department of Environmental Health or certified soil scientist.
15. Other Improvements: Proposed location and description of any other improvements
including, but not limited to, school sites, pedestrian or bikeways, buffers, reserved open
space or recreational facilities (indicate whether public or private), along with deed
restrictions or covenants for the maintenance of such.
16. Phasing: In the event that a subdivision is to be developed in phases, the Preliminary Plat
shall be submitted for the entire development. All phase lines shall be shown on the
Preliminary Plat. If a subdivision that is to be built in phases includes common area
improvements that are designed to relate to, benefit, or be used by the entire subdivision
(such as a swimming pool or tennis courts in a residential subdivision) then, as part of the
application for subdivision approval, the developer shall submit a proposed schedule for
completion of such common area improvements. The schedule shall relate completion of
such common area improvements to completion of one (1) or more phases of the entire
subdivision. Once a schedule of improvements has been approved, no land may be used
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or no buildings may be occupied, and no subdivision lots may be sold except in accordance
with the schedule approved.
17. Approval of Subdivision Name and Street Names: A letter from Person County E-911
Addressing shall be provided showing approval of the subdivision name and street names.
18. Approval Certificate: The Preliminary Plat shall include the following certificates to be
signed after approval:
x Preliminary Plat Approval Certificate
I hereby certify that the Preliminary Plat shown hereon has been found to comply with
the regulations of the Person County Unified Development Ordinance and has been
approved by the Person County Board of Commissioners on this _________ day of
______________, 20_______.
_______________________________________ ________________
Person County Board of Commissioners Chair Date
Step 3A & B. Administrator/TRC Review of Preliminary Plat
A. The Administrator and the TRC shall review the Preliminary Plat in accordance with the
requirements of this Ordinance and any other applicable local, state, or federal requirements.
B. The TRC shall provide comments to the Administrator regarding the proposed development.
It shall be the responsibility of the Administrator to ensure that the comments are
communicated to the developer/Applicant. The developer/Applicant shall be notified of any
deficiencies to be corrected in order forward to the Planning Board.
C. The developer shall address comments necessary to meet all applicable local, state, and
federal requirements and submit a revised plan.
Step 4. Planning Board Review & Recommendation of Preliminary Plat
A. If a Preliminary Plat is found to meet all applicable regulations of this Ordinance, then the
Administrator shall forward the plan to the Planning Board. The Administrator shall submit a
written report with review comments, including comments of the TRC on the proposed
subdivision to the Planning Board. The written report shall include a recommendation to the
Planning Board to approve, to conditionally approve the Preliminary Plat, pending satisfaction
of certain conditions to meet specific requirements of this Ordinance, or to disapprove the
Preliminary Plat.
B. The developer shall provide ten (10) hard copies and one (1) electronic PDF copy of the
Preliminary Plat for review by the Planning Board.
C. With due public notice, the Planning Board shall review the Preliminary Plat for compliance
with this Ordinance and for consistency with any adopted plans. If the plan complies with all
regulations and plans, then the Planning Board shall recommend approval. If there are any
deficiencies, then the Planning Board shall include conditions for compliance in its
recommendation to the Board of Commissioners.
Step 5. Board of Commissioners Review & Approval of Preliminary Plat
A. After the Applicant has revised the plan to meet any conditions recommended by the TRC
and the Planning Board, the Board of Commissioners shall review the Preliminary Plat. The
Applicant shall provide ten (10) hard copies and one (1) electronic PDF copy of the plan.
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B. Following due public notice, in its review, the Board of Commissioners shall take into
consideration any recommendations for conditions made by the TRC and the Planning Board.
If the Preliminary Plat is found to meet all of the applicable regulations of this Ordinance and
any applicable state or federal regulations, then the Preliminary Plat shall be approved. Any
remaining deficiencies can be addressed with conditions for compliance with this Ordinance
and any applicable state or federal regulations.
PHASE 2: CONSTRUCTION PLAN REVIEW & INSTALLATION OF IMPROVEMENTS
Step 6. Applicant Submits Construction Plans
A. If the proposed subdivision involves the grading of more than one (1) acre at a time, the
installation of roads, or the installation of public (water and/or sewer) or private community
well and septic facilities (not including well and septic on individual lots), then Construction
Plans shall be submitted for review for the entire development depicted on the approved
Preliminary Plat, unless it can be demonstrated that each project phase complies with the
requirements of this Ordinance without being dependent on another part of the
development for full compliance. The Applicant shall submit the Construction Plans and
applicable review fee prepared by a surveyor or professional engineer licensed and registered
to practice in North Carolina. The Construction Plans shall provide the following information
meeting the landscaping and infrastructure requirements:
1. Approved Preliminary Plat.
2. Watershed Protection Overlay Compliance: Demonstration of compliance with Water
Supply Watershed Protection and Falls Lake Watershed stormwater requirements, as
applicable.
3. Tract Boundaries & Project Acreage: The exact boundary lines of the tract to be
subdivided fully dimensioned by lengths and bearings and the location of intersecting
boundary lines and adjoining lands, with acreage totals of all tracts and remainder
amounts.
4. Stormwater System Plan: Plans for proposed drainage facilities, including location and
dimensions of open drainage ways, storm sewers, culverts, retaining ponds or areas
where water is to be diverted through grading, including calculations and any other
evidence necessary to ensure that the proposed method of drainage is adequate to
safeguard property in the County.
5. Grading and Soil and Erosion Control Plan: A soil and erosion control plan approved by
NCDEQ.
6. Roadway Plan and Driveway Permits: Plans and profiles meeting the infrastructure
requirements set forth in with accompanying approvals by NCDOT.
7. Utility Plan (if applicable): Plan showing water and sewer system layouts including
location of lines, line sizes, location of manholes, pumps, hydrants, fire department water
points, force mains or treatment facilities and the connection of the proposed system(s)
with existing systems. A typical trench section shall be shown. Letters of approval for the
plans for the proposed sanitary sewer and water distribution systems from the
appropriate agencies shall be provided.
8. Well and Septic Approval: Written evidence of approval of the proposed well and septic
areas by the Department of Environmental Health or certified soil scientist.
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9. Landscaping Plan (if applicable): Plan showing calculations of minimum landscaping
required as set forth in this Ordinance and landscaping provided, identifying the species,
number, and location of each plant.
10. Lighting Plan (if applicable): Plan showing the location, height, and design of any proposed
lighting, subject to the requirements of this Ordinance.
11. US Army Corps of Engineers Approval (if applicable): If a developer proposes to perform
construction/filling activities in or near a lake, stream, creek, tributary or any unnamed
body of water and its adjacent wetlands, federal permit authorization may be required
from the US Army Corps of Engineers prior to commencement of earth-disturbing
activities.
12. Approval Certificates:
x Construction Plans Approval Certificate
I hereby certify that the construction plans shown hereon have been found to
comply with the regulations of the Person County Unified Development Ordinance.
_______________________________________ ________________
Administrator Date
x Certificate of NCDOT Approval
Department of Transportation - Division of Highways
Proposed subdivision road construction standards design certification.
Approved____________________________ ________________
District Engineer Date
Step 7A & B. Administrator/TRC Review & Approval of Construction Plans
A. The Administrator and the TRC shall review the Construction Plans in accordance with the
approved Preliminary Plat, any conditions of approval applied to the Preliminary Plat by the
Board of Commissioners, and all requirements of this Ordinance and any other applicable
local, state, or federal requirements.
B. The TRC shall provide comments to the Administrator regarding the proposed development.
It shall be the responsibility of the Administrator to ensure that the comments are
communicated to the developer/Applicant. The developer/Applicant shall be notified of any
deficiencies to be corrected.
C. The developer shall address comments necessary to meet all applicable local, state, and
federal requirements and submit a revised plan.
D. If all requirements of this Ordinance have been met and all TRC comments satisfactorily
addressed, then the Administrator and/or NCDOT District Engineer shall sign the approval
certifications. The Administrator shall then issue, in writing, a notice to proceed with the
installation of improvements for the subdivision.
Step 8. Improvements Installed & Inspected or Guaranteed
A. Following Construction Plan approval, the developer may proceed with the installation of
improvements as shown on the approved Construction Plans, and as set forth in this
Ordinance’s Infrastructure Standards. The installation of improvements and Final Plat shall
constitute only that portion of the Preliminary Plat which the Applicant proposes to record
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and develop at that time, nevertheless, such portion shall conform to all requirements of this
Ordinance as if the entire subdivision were developed.
B. Approval of the Final Plat shall be subject to the developer having installed the required
improvements or having guaranteed, to the satisfaction of the County, NCDOT, and utility
provider, the installation of said improvements. The County Engineer, NCDOT, NCDEQ, and/
or utility provider (as applicable) shall inspect the improvements to ensure compliance with
applicable standards prior to approval of the Final Plat. Underground utilities shall be
inspected by the utility provider and/or NCDEQ before they are covered. The final lift of
asphalt shall not be installed until a minimum of 75% of the homes within the subdivision are
constructed.
C. In the event that the required improvements have not been completed prior to the
submission of the Final Plat, the developer shall guarantee the completion of the required
improvements in a subdivision by means of a bond with surety or other performance
guarantees satisfactory to the County Manager or County Attorney, whereby the developer
shall agree to complete all required improvements as specified by the approved Preliminary
Plat and Construction Plans for that portion of the subdivision to be shown on the Final Plat
within one (1) year of Final Plat approval. Once the security required herein is provided, the
Final Plat may be approved by the Administrator, if all other requirements of this Ordinance
are met. The Administrator shall require a certified cost estimate, at the expense of the
developer, from a licensed contractor or engineer for the cost of completion of such
improvements. The developer shall provide one (1) of the following guarantees in lieu of
installation, in accordance with NCGS § 160D-804.1:
1. Surety Performance Bond(s): The developer shall obtain a performance bond(s) from a
surety bonding company licensed to do business in North Carolina. The bond(s) shall be
payable to Person County and shall be made in an amount equal to 125% of the estimated
cost.
2. Letter of Credit: The developer shall secure a letter of credit issued by any financial
institution licensed to do business in North Carolina in an amount equal to 125% of the
estimated cost.
3. Other form of guarantee that provides equivalent security to a surety bond or letter of
credit.
D. The duration of the performance guarantee shall initially be one (1) year, unless the
developer determines that the scope of work for the required improvements necessitates a
longer duration. In the case of a bonded obligation, the completion date shall be set one year
from the date the bond is issued, unless the developer determines that the scope of work for
the required improvements necessitates a longer duration.
E. The developer shall have the option to post one type of a performance guarantee as provided
for in this Ordinance, in lieu of multiple bonds, letters of credit, or other equivalent security,
for all development matters related to the same project requiring performance guarantees.
Performance guarantees associated with erosion control and stormwater control measures
are not subject to the provisions of this Ordinance.
F. The developer shall demonstrate reasonable, good-faith progress toward completion of the
required improvements that are secured by the performance guarantee or any extension. If
the improvements are not completed to the specifications of Person County, and the current
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performance guarantee is likely to expire prior to completion of the required improvements,
the performance guarantee shall be extended, or a new performance guarantee issued, for
an additional period, provided, however, that the extension shall only be for a duration
necessary to complete the required improvements. If a new performance guarantee is issued,
the amount shall be determined by the procedure provided in this Ordinance and shall
include the total cost of all incomplete improvements.
G. When the required improvements have been completed, the developer shall notify the
Administrator. The Administrator shall request comments relative to those improvements
from NCDOT, NCDEQ Soil and Erosion Control, and the Department of Environmental Health,
who will notify the Administrator that the improvements have been installed to their
satisfaction. The Administrator shall request in writing to the County Manager or County
Attorney to release the bond, letter of credit or funds from escrow. When required
improvements that are secured by a bond are completed to the specifications of Person
County and accompanying agency, or are accepted by Person County, if subject to County
acceptance, upon request by the developer, Person County shall timely provide written
acknowledgement that the required improvements have been completed. In the event that
the improvements have not been satisfactorily installed by the developer, the County
Manager or County Attorney is authorized to call for payment of the bond or letter of credit
or to release security from escrow and to utilize such funds for the completion of
improvements in a manner as determined by the Board of Commissioners.
H. The Administrator or designee will not release nor reduce a performance bond or other
guarantee as allowed in this Ordinance until a licensed North Carolina engineer has submitted
a certificate stating that all required improvements have been satisfactorily completed.
I. A performance bond or other guarantee as allowed in this Ordinance may be reduced
proportionally upon the satisfactorily completion of some of the required improvements. Any
reduction shall be limited only to that percentage of completion as determined and certified
by the Administrator.
PHASE 3: FINAL PLAT REVIEW
Step 9. Applicant Submits Final Plat
A. Following completion or guarantee of improvements, the Applicant may submit the
applicable application, fee, and the Final Plat(s). The proposed Final Plat shall conform
substantially to the Preliminary Plat and Construction Plans, as approved.
B. Final Plats shall be prepared by a Professional Land Surveyor currently licensed and registered
in the State of North Carolina by the North Carolina State Board of Registration for
Professional Engineers and Land Surveyors. Final Plats shall conform to the provisions for
Plats, developments and mapping requirements set forth in NCGS § 47-30 and the Manual of
Practice for Land Surveying in North Carolina. Final Plats shall be of a size suitable for
recording with the Person County Register of Deeds and shall be at a scale of not less than
one inch equals 200-ft. (1”=200’). Maps may be placed on more than one (1) sheet with
appropriate match lines.
C. The following submittal requirements may be altered by the Administrator as applicable:
1. Four (4) full-size paper copies for initial review and two (2) for revisions.
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2. One (1) electronic copy in PDF format for initial review and revisions
D. Final Plats shall include the following information:
1. Title Block: Subdivision name, scale denoted graphically and numerically, date of Plat
preparation, Person County parcel identification number, and township, county and state
in which the subdivision is located and the name(s) of the owner(s) and the registered
surveyor responsible for the subdivision (including the seal and registration number of
the registered surveyor).
2. Vicinity Map and North Arrow: A vicinity map showing the location of the development
in relation to the surrounding area.
3. Tract Boundaries & Project Acreage: The exact boundary lines of the tract to be
subdivided fully dimensioned by lengths and bearings and the location of intersecting
boundary lines and adjoining lands, with acreage totals of all tracts and remainder
amounts.
4. Adjoining Property Owners: The names and deed references of owners of adjoining
properties and adjoining developments of record (proposed or under review).
5. Zoning and Municipal Limits: Indicate both on and adjacent to the land to be subdivided
the location of municipal limits, zoning of property and location of zoning lines if property
is located in more than one (1) zone.
6. Setbacks and Building Envelopes: Provide the minimum building setbacks in both table
format and on the lot, in including PCLA restrictions where applicable.
7. Location of Improvements: All visible and apparent existing structures, streets, utilities,
and other such improvements shall be accurately located where crossing or forming any
boundary line of the property shown.
8. Surveying Data: Sufficient engineering data and datum reference to determine readily
and reproduce on the ground every straight or curved boundary line, street line, lot line,
right-of-way line, easement line and setback line, building setback lines, PCLA lines (where
applicable), including dimensions, bearings or deflection angles, radii, central angles and
tangent distances for the centerline of curved streets and curved property lines that are
not the boundary of curved streets.
9. Monuments: The accurate locations and descriptions of all monument, markers and
control points. All lot corners, all points where street lines intersect the exterior
boundaries of the subdivision, all angle points and points of curve in each street shall be
marked with iron pins and property corner ties shall be established in accordance with
North Carolina Administrative Code, Title 21, § 56, Section 1600, standards of practice for
land surveying in North Carolina and NCGS § 47-30 mapping requirements.
10. Lot Numbers: The lots numbered consecutively throughout the entire subdivision or
portion to be recorded.
11. Streets: Street names, right-of-way lines of all streets and the location and width of all
adjacent streets and easements. Designation shall be made as to whether said streets are
to be designated as public or private.
12. Utility and Drainage easements: Locations of water, sanitary sewer and storm drainage
easements.
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13. Rights-of-Way: The location and dimensions of all rights-of-way, utility or other
easements, natural buffers, pedestrian or bicycle paths and areas to be dedicated to
public use with the purpose of each stated.
14. Flood Information: The location of the floodway and flood fringe boundaries, if applicable.
15. Open Space: The location of dedicated open space with a note that the land shall not be
developed for any purposes other than the designated open space type.
16. Watershed Information subject to this Ordinance, if applicable: Provide information on
any applicable watershed and limitations on lot size and/or maximum impervious area.
17. Forms of Final Certifications: The following certificates shall be shown on the original and
all copies of the Final Plat:
x Certificate of Approval of Subdivision Final Plat
This Subdivision Plat has been found to comply with the provisions of the Person
County Unified Development Ordinance and is approved this date for recording in the
Person County Office of the Register of Deeds.
__________________________________ _______________
Zoning Administrator Date
x Certificate of Ownership and Dedication
I hereby certify that I am the owner of the property shown and described hereon,
which is located in the subdivision jurisdiction of Person County and that I hereby
adopt this plan of subdivision with my free consent, establish minimum building
setback lines, and dedicate all streets, alleys, walks, parks, and other sites and
easements to public or private use as noted.
__________________________ ________________
Owner Date
x Certificate of Survey and Accuracy in Accordance with the Standards and Practice
for Land Surveying in North Carolina:
On the face of each map prepared for recordation there shall appear a certificate
acknowledged before an officer authorized to take acknowledgments and executed
by the person making the survey or map including deeds and any recorded data shown
thereon. The Certificate shall include a statement on error of closure calculated by
latitudes and departures. Any lines on the map which were not actually surveyed must
be clearly indicated of the map and a statement included in the certificate revealing
the source of the information. The certificate shall take the following general form:
State of North Carolina, Person County
I, ____________________________________certify that this map was (drawn by me)
(drawn under my supervision) from (an actual survey made by me) (an actual survey
made under my supervision) (deed description recorded in Book _______,
Page________, etc.) (Other), that the ratio of precision as calculated by latitudes and
departures is 1:_______, (that the boundaries not surveyed are shown as broken lines
plotted from information found in Book_________, Page_________), that this map
was prepared in accordance with G.S. 47-30, as amended. Witness my original
signature, registration number and seal this _____ day of _________, 20 _______.
____________________________
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Professional Land Surveyor
Official Seal
____________________________
Registration Number
I, (officer authorized to take acknowledgments) do hereby certify that (name of
registered surveyor) personally appeared before me this day and acknowledged
the due execution of this certificate. Witness my hand and (where an official seal is
required by law) official seal this the ________day of _________, 20______.
_____________________________
Signature of Officer
Official Seal
x Certificate of Subdivision Type
It is the duty of the surveyor to certify to one of the following on the face of the Plat:
1. That the survey creates a subdivision of land within the area of Person County that
is regulated by the Person County Unified Development Ordinance, that regulates
the subdivision of parcels of land.
2. That the survey is of an existing parcel or parcels of land.
3. That the survey is of another category, such as recombination of existing parcels,
a court-ordered survey, or other exception to the definition of subdivision.
4. That the information available to the surveyor is such that the surveyor is unable
to make a determination to the best of his/her professional ability as to the
provisions contained in (1) through (3) above.
x Review Officer Certificate
State of North Carolina, County of Person
I, _____________________________________, Review Officer of Person County,
certify that the map or Plat to which this certification is affixed meets all statutory
requirements for recording.
______________________________________________________________
Review Officer Date
x NCDOT Construction Standards Certificate (if applicable)
I hereby certify that the streets on this Plat designated as public are or will be in
accordance with the minimum right-of-way and construction standards established
by the Board of Transportation for acceptance into the state highway system.
OR
I hereby certify that the streets on this Plat designated as private and maintenance
will be provided by a homeowner association and/or private property owners.
______________________________________________________________
District Engineer Date
x Certificate of Septic Suitability (if applicable)
The Person County Department of Environmental Health has evaluated each lot
shown for its own septic system. As of ______________________________based on
conditions noted in soil
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evaluation ASE#____________________, each lot is suitable for a system. This
statement does not guarantee that an improvement permit will be issued.
______________________________________________________________
Department of Environmental Health Representative Date
x Special Flood Hazard Area Note (Word to represent situation)
Note: (Part of) this property (does/does not) lie in a Special Flood Hazard Area
Reference: Floodway Panel No._______________ Date:_________________ (of
Panel) (If part of the property is in a Special Flood Hazard Area it shall be shown
graphically on the Plat and comply with the Flood Damage Prevention Regulations of
Person County).
x Voluntary Agricultural District Statement
The following statement shall be placed on all Subdivision Plats that include lots
located within a Voluntary Agricultural District: “These parcels are located within a
Voluntary Agricultural District, subject to the Person County Voluntary Agricultural
District Ordinance and NCGS § 106-701.”
x Voluntary Agricultural Proximity Statement
The following statement shall be placed on all Subdivision Plats that include lots that
are within one-half (1/2) aerial mile of a Voluntary Agricultural District: “These parcels
are located within one-half (1/2) mile of property that is presently used for agricultural
purposes. Normal agricultural operations may conflict with residential land use. NCGS
§ 106-701 provides some protection for existing agricultural operations against
nuisance laws.”
Step 10A & B. Administrator/TRC Review of Final Plat
A. The Administrator and the TRC shall review the Final Plat in accordance with the approved
Preliminary Plat and Construction Plans, requirements of this Ordinance, and any other
applicable local, state, or federal requirements.
B. The TRC may provide comments to the Administrator regarding the proposed development.
It shall be the responsibility of the Administrator to ensure that the comments are
communicated to and addressed by the developer prior to Final Plat approval.
C. The developer shall address comments necessary to meet all applicable local, state, and
federal requirements and submit a revised plan.
Step 11. Final Plat Approved
A. If the Final Plat is found to meet all of the applicable regulations of this Ordinance for that
plat, then the Applicant shall provide the Final Plat printed on mylar suitable for recording at
the Person County Register of Deeds. The Administrator shall ensure that all applicable
certificates are signed (except the Review Officer and Register of Deeds certificates) and
approve the Plat
for recordation at the Person County Register of Deeds.
B. Pursuant to NCGS § 160D-806, the approval of a Final Plat pursuant to regulations adopted
herein shall not be deemed to constitute or effect the acceptance by the County, a
governmental unit or a public body of the dedication of any street or other ground, public
utility line, or other public facility shown on the Plat.
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Step 12. Final Plat Recorded at the Register of Deeds
A. Following approval and execution of requisite Certificate signatures, the Plat shall be
recorded by the Applicant within sixty (60) calendar days of the date of approval at the Person
County Register of Deeds Office to create legal lots of record and to vest development
approvals. Failure to record the Plat will not create legal lots of record and the Plat will
become null and void.
B. After the Plat is recorded, the property owner or agent may proceed with obtaining any
necessary zoning and building permit approvals for construction, as required by this
Ordinance and the North Carolina Building Code.
4.3.7 Resubdivision Procedures
For any re-platting or re-subdivision of land, the same procedure, rules and regulations shall
apply as prescribed herein for an original subdivision except that lot sizes may be varied on an
approved Plat after recording, provided that:
A. No lot or tract of land shall be created or sold that is smaller than the size shown on the
approved Plat.
B. Drainage, easements or rights of way shall not be changed.
C. Street alignment and block sizes shall not be changed.
D. The rear portion of lots shall not be subdivided from the front part.
4.3.8 Disclosure of Subdivision Road Status
All streets within the subdivision regulation jurisdiction of Person County shall have a public or
private designation and comply with either the minimum construction standards for secondary
roads as required by the North Carolina Division of Highways for public roads or with minimum
construction standards of private subdivision roads as specified in this Ordinance. However, the
County encourages the Applicant to use the public designation process and consider to design of
streets in accordance with the standards provided by NCDOT for roadway maintenance purposes.
4.3.9 Filing of Plats
The Register of Deeds shall not file or record a Plat of a subdivision located within the jurisdiction
of Person County without the approval of the subdivision of the Administrator, as required in this
Ordinance, except for Plats dated prior to March 9, 1981. All approved Final Plats shall be
recorded by the Register of Deeds. The property owner/developer shall remit to Person County
such recordation fees in addition to review fees, before the Final Plat is recorded. The filing or
recording of a Plat or subdivision without the approval of the Administrator as required by this
Ordinance, shall be null and void.
4.3.10 Appeals
Appeals of administrative decisions under the Subdivision regulations shall be heard by the Board
of Adjustment. Appeal petitions shall be submitted in accordance with the quasi-judicial
procedures of this Ordinance. Subject to NCGS § 160D-1403, appeals from quasi-judicial
decisions regarding subdivisions shall be heard the Superior Court by a proceeding in the nature
of certiorari.
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4.4 QUASI-JUDICIAL PROCEDURES
The procedures of this Ordinance shall apply to all quasi-judicial proceedings including Variances,
Appeals, Special Use Permits, Subdivision Modifications, and Variations, subject and pursuant to
NCGS § 160D-405, 160D-406, 160D-705, and 160D-1402.
3.4.1 General Procedures
*or Board of Commissioners acting as a Board of Adjustment
STEP 1
Pre-Application
Meeting
STEP 2
Application &
Plan Submittal
STEP 4
Public Notice
STEP 5
Board of Adjustment*
Hearing & Consideration
STEP 6
Additional Approvals
STEP 3A
Administrator
Review
STEP 3B
TRC Review
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Step 1. Pre-Application Meeting
A. To minimize development planning costs, avoid misunderstanding or misinterpretation, and
ensure compliance with the requirements of this Ordinance, a pre-application meeting
between the Applicant and the Administrator concerning the application of this Ordinance to
the proposed development is recommended and optional. It is the intent to provide a
preliminary review of a property’s development potential and Staff direction for additional
needed information, but not as a type of approval.
B. When a pre-application meeting is requested by the Applicant, the Applicant shall submit to
the Administrator a Concept Plan showing the proposed site layout, design, location, and
dimensions with the criteria listed below. The Administrator shall review the Concept Plan
for general compliance with the requirements of this Ordinance and any other applicable
requirements. The Administrator shall advise the Applicant of the regulations pertaining to
the proposed development and the procedures to be followed. Any development is subject
to other state, federal, and private utility requirements, including properties in the Falls Lake
Watershed, for stormwater threshold review.
Step 2. Application & Plan Submittal
A. The Applicant shall file a complete application on a prescribed form with the Administrator
with an applicable plan and fee set forth in the schedule of fees.
B. Quasi-judicial requests for a variance or those that involve new construction or expansions
shall be accompanied by a Site Plan, as applicable below:
1. Site Plans shall be submitted with the application for the following permit types:
x New multi-family residential development.
x New non-residential development.
x Non-residential expansions of 25% or greater gross floor area, 25% or greater
impervious area expansion, 20,000 SF or greater of additional impervious area
(cumulative), and one (1) acre or greater of disturbed area.
2. No Site Plan is required for the following permit types:
x Change of use that does not alter the minimum number of parking spaces for the
proposed use per this Ordinance.
x Change of use with less development intensity that the approved use.
x Surveys for single-family residential development.
Step 3A & B. Administrator & TRC Review
A. The Administrator shall review the application in accordance with the requirements of this
Ordinance and any other applicable local, state, or federal requirements.
B. The TRC shall provide comments to the Administrator regarding the application. It shall be
the responsibility of the Administrator to ensure that the comments are communicated to
and addressed by the Applicant.
C. The Applicant shall address TRC comments necessary to meet all applicable local, state, and
federal requirements and submit a revised plan.
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Step 4. Due Public Notice
A. Notice of a quasi-judicial evidentiary hearings conducted pursuant to this Ordinance shall be
made through legal advertisement and mailed to the person or entity whose appeal,
application, or request is the subject of the hearing, to the owner of the property that is the
subject of the hearing if the owner did not initiate the hearing, to the owners of all parcels of
land adjacent to the parcel of land that is the subject of the hearing, and to any other persons
entitled to receive notice as provided by the local development regulation. Person County
will provide written notices for an area to within 500-ft. of affected parcels of land, not just
to the owners of all parcels of land abutting the affected parcels of land. The written notice
shall be mailed a notice of the hearing by firstǦclass mail at the last addresses listed for such
owners that are listed on County tax abstracts. Properties are considered abutting for this
Ordinance when separated by streets, easements, railroads, or other transportation
corridors. Similar to a legislative process notice, the notice must be deposited in the mail at
least ten (10) calendar days, but not more than twenty-five (25) calendar days, prior to the
date of the hearing. Within that same time period, the County shall also prominently post a
notice of the hearing on the site that is the subject of the hearing or on an adjacent street or
highway right-of-way as constructive notice. The Board may continue an evidentiary hearing
without further advertisement that has been properly convened.
B. If an evidentiary hearing is set for a given date and a quorum of the Board is not then present,
the hearing shall not be continued until the next regular board meeting without further
advertisement.
Step 5. Board of Adjustment Hearing & Consideration
A. Board
For the purposes of this Ordinance, “Board” shall refer to the Board of Adjustment for Appeals
and Variances. “Board” shall refer to the Board of Commissioners acting as a Board of
Adjustment for Special Use Permits and Modifications & Variations for Major Subdivisions.
B. Administrative Materials
The Administrator or Staff to the Board shall transmit to the Board all applications, reports,
and written materials relevant to the matter being considered. The administrative materials
may be distributed to the members of the Board prior to the hearing if at the same time they
are distributed to the Board a copy is also provided to the appellant or Applicant and to the
landowner if that person is not the appellant or Applicant. The administrative materials shall
become a part of the hearing record. The administrative materials may be provided in written
or electronic form. Objections to inclusion or exclusion of administrative materials may be
made before or during the hearing. Rulings on unresolved objections shall be made by the
Board at the hearing.
C. Presentation of Evidence
The Applicant, the County, and any person who would have standing to appeal the decision
under NCGS § 160D-1402(c) shall have the right to participate as a party at the evidentiary
hearing. Other witnesses may present competent, material, and substantial evidence that is
not repetitive as allowed by the Board. Objections regarding jurisdictional and evidentiary
issues, including, but not limited to, the timeliness of an appeal or the standing of a party,
may be made to the board. The Board chair shall rule on any objections, inclusion of non-
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evidentiary information, and the chair's rulings may be appealed to the full Board. These
rulings are also subject to judicial review pursuant to NCGS § 160D-1402. Objections based
on jurisdictional issues may be raised for the first time on judicial review.
D. Oaths
The Chair of the Board or any member acting as chair and the Clerk to the Board are
authorized to administer oaths to witnesses in any matter coming before the Board. Any
person who, while under oath during a proceeding before the Board determining a quasi-
judicial matter, willfully swears falsely is guilty of a Class I misdemeanor.
E. Subpoenas
The Board making a quasi-judicial decision under this Ordinance through the Chair or, in the
Chair's absence, anyone acting as chair may subpoena witnesses and compel the production
of evidence. To request issuance of a subpoena, the Applicant, the County, and any person
with standing under NCGS § 160D-1402(c) may make a written request to the Chair explaining
why it is necessary for certain witnesses or evidence to be compelled. The chair shall issue
requested subpoenas he or she determines to be relevant, reasonable in nature and scope,
and not oppressive. The Chair shall rule on any motion to quash or modify a subpoena.
Decisions regarding subpoenas made by the Chair may be immediately appealed to the full
board. If a person fails or refuses to obey a subpoena issued pursuant to this subsection, the
board or the party seeking the subpoena may apply to the General Court of Justice for an
order requiring that its subpoena be obeyed, and the court shall have jurisdiction to issue
these orders after notice to all proper parties.
F. Voting
The concurring vote of four-fifths (4/5) of the Board shall be necessary to grant a Variance.
All other decisions are made by a simple majority of the members present and participating
in the meeting. For the purposes of this subsection, vacant positions on the board and
members who are disqualified from voting on a quasi-judicial matter under NCGS § 160D-
109(d) shall not be considered members of the board for calculation of the requisite majority
if there are no qualified alternates available to take the place of such members.
G. Decisions
The Board shall determine contested facts and make its decision within a reasonable time.
When hearing an appeal, the Board may reverse or affirm, wholly or partly, or may modify
the decision appealed from and shall make any order, requirement, decision, or
determination that ought to be made. The Board shall have all the powers of the official who
made the decision. Subject to NCGS § 160D-406(d), every quasi-judicial decision shall be
based upon competent, material, and substantial evidence in the record, and not on non-
evidentiary information. Each quasi-judicial decision shall be reduced to writing, reflect the
Board's determination of contested facts and their application to the applicable standards,
and be approved by the Board and signed by the chair or other duly authorized member of
the board. A quasi-judicial decision is effective upon filing the written decision with the clerk
to the Board or such other office or official as the development regulation specifies. The
decision of the board shall be delivered within a reasonable time by personal delivery,
electronic mail, or first-class mail to the Applicant, landowner, and any person who has
submitted a written request for a copy prior to the date the decision becomes effective. The
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person required to provide notice shall certify to the Board that proper notice has been made,
and the certificate shall be deemed conclusive in the absence of fraud.
H. Judicial Review
Every quasi-judicial decision shall be subject to review by the Superior Court by proceedings
in the nature of certiorari pursuant to NCGS § 160D-1402 or NCGS § 160D-1403, as applicable.
Appeals shall be filed within the times specified in NCGS § 160D-1405(d).
Step 6. Additional Approvals (As Required)
Following a quasi-judicial approval by the Board of Adjustment, the Applicant may need to obtain
additional approvals which may include additional approvals, such as Zoning Permits or Building
Permits, before work may begin.
3.4.2 Appeals Provisions
In addition to the provisions of this Ordinance, all Appeals shall follow the quasi-judicial
procedures set forth in this Ordinance.
3.4.2.1All Appeals are in the Nature of Certiorari
A. When hearing an appeal, the hearing shall be based on the record below, and the scope
of review shall be as provided in NCGS § 160D-1402(j).
B. Except as provided in NCGS § 160D-1403.1, appeals of administrative decisions made by
the Staff under this Chapter shall be made to the Board of Adjustment.
C. The official who made the decision or the person currently occupying that position, if the
decision maker is no longer employed by the County, shall be present at the evidentiary
hearing as a witness. The appellant shall not be limited at the hearing to matters stated
in a notice of appeal. If any party or the County would be unduly prejudiced by the
presentation of matters not presented in the notice of appeal, the board shall continue
the hearing to a date-certain.
3.4.2.2 Standing
Any person who has legal standing under NCGS § 160D-1402(c) or the County may appeal an
administrative decision to the Board. An appeal is taken by filing a notice of appeal with the
County Clerk. The notice of appeal shall state the grounds for the appeal.
3.4.2.3Time to Appeal
The owner or other party has thirty (30) calendar days from receipt of the written notice of
the determination within which to file an appeal. Any other person with standing to appeal
has thirty (30) calendar days from receipt from any source of actual or constructive notice of
the determination within which to file an appeal. In the absence of evidence to the contrary,
notice given pursuant to NCGS § 160D-403(b) by first-class mail is deemed received on the
third business day following deposit of the notice for mailing with the United States Postal
Service.
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3.4.2.4Record of Decision for an Appeal
The official who made the decision shall transmit to the Board all documents and exhibits
constituting the record upon which the decision appealed from is taken. The official shall also
provide a copy of the record to the appellant and to the owner of the property that is the
subject of the appeal if the appellant is not the owner.
3.4.2.5Stays of Enforcement Action
A. An appeal of a notice of violation or other enforcement order stays enforcement of the
action appealed from and accrual of any fines assessed during the pendency of the appeal
to the board of adjustment and any subsequent appeal in accordance with NCGS § 160D-
1402 or during the pendency of any civil proceeding authorized by law or appeals
therefrom, unless the official who made the decision certifies to the board after notice of
appeal has been filed that, because of the facts stated in an affidavit, a stay would cause
imminent peril to life or property or, because the violation is transitory in nature, a stay
would seriously interfere with enforcement of the development regulation. In that case,
enforcement proceedings are not stayed except by a restraining order, which may be
granted by Person County Superior Court. If enforcement proceedings are not stayed, the
appellant may file with the official a request for an expedited hearing of the appeal, and
the board shall meet to hear the appeal within fifteen (15) calendar days after the request
is filed.
B. Notwithstanding any other provision of this Ordinance, appeals of decisions granting a
development approval or otherwise affirming that a proposed use of property is
consistent with the development regulation does not stay the further review of an
application for development approvals to use the property, in these situations, the
appellant or County may request and the board may grant a stay of a final decision of
development approval applications, including building permits affected by the issue being
appealed.
3.4.2.6Alternative Dispute Resolution
The parties to an appeal that has been made under this Ordinance may agree to mediation
or other forms of alternative dispute resolution. The development regulation may set
standards and procedures to facilitate and manage such voluntary alternative dispute
resolution.
3.4.2.7No Estoppel
NCGS § 160D-1403.2, limiting the County's use of the defense of estoppel, applies to
proceedings under this Ordinance.
3.4.3 Variance or Certificate of Non-Conformity Provisions
In addition to the provisions of this Ordinance, all Variances and Certificates of Non-Conformity
shall follow the quasi-judicial procedures set forth in this Ordinance.
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3.4.3.1 Purpose & Findings-of-Fact
A. When unnecessary hardships would result from carrying out the strict letter of a zoning
regulation, the Board of Adjustment shall vary any of the provisions of the zoning
regulation upon a showing all of the following:
1. Unnecessary hardship would result from the strict application of the regulation. It is
not necessary to demonstrate that, in the absence of the Variance or Certificates of
Non-Conformity, no reasonable use can be made of the property.
2. The hardship results from conditions that are peculiar to the property, such as
location, size, or topography. Hardships resulting from personal circumstances, as
well as hardships resulting from conditions that are common to the neighborhood or
the general public, may not be the basis for granting a Variance or Certificates of Non-
Conformity. A Variance or Certificates of Non-Conformity may be granted when
necessary and appropriate to make a reasonable accommodation under the Federal
Fair Housing Act for a person with a disability.
3. The hardship did not result from actions taken by the Applicant or the property owner.
The act of purchasing property with knowledge that circumstances exist that may
justify the granting of a Variance is not a self-created hardship.
4. The requested Variance or Certificates of Non-Conformity is consistent with the spirit,
purpose, and intent of the regulation, such that public safety is secured and
substantial justice is achieved.
B. A Variance or Certificates of Non-Conformity shall not result in a change of permitted uses
within a zoning district.
3.4.3.2 Conditions
Appropriate conditions may be imposed on any Variance, provided that the conditions are
reasonably related to the Variance or Certificates of Non-Conformity. Any other development
regulation that regulates land use or development may provide for Variances or Certificates
of Non-Conformity from the provisions of those ordinances consistent with the provisions of
this subsection.
3.4.3.3 Watershed Variances
The Board of Adjustment shall also serve as the Watershed Review Board and hear request
for Variances from watershed requirements as set forth in this Ordinance.
3.4.4 Special Use Permit Provisions
In addition to the provisions of this Ordinance, all Special Use Permits shall follow the quasi-
judicial procedures set forth in this Ordinance and be heard by the Board of Commissioners acting
as a Board of Adjustment.
3.4.4.1 Purpose & Findings-of-Fact
A. Special uses are land uses which in some circumstances may be compatible with and
desirable in the districts in which they are designed as special uses, but they may also
have characteristics which could have detrimental effects on adjacent properties, if not
properly designed and controlled. Special uses add flexibility to the Unified Development
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Ordinance. By means of controls exercised through the Special Use Permit procedures,
property uses which would otherwise be undesirable in certain districts can be developed
to minimize any adverse effects they might have on surrounding properties. Special uses
are generally compatible with the land uses permitted by right in a zoning district, but
which require individual review of their location, design, and configuration. Special uses
ensure the appropriateness of the use at a particular location within a given zoning
district. Only those uses that are enumerated as special uses in a zoning district, as set
forth in this Ordinance, shall be authorized by the Board of Commissioners.
B. Uses permitted subject to special use review criteria shall be permitted only after review
and approval by the Board of Adjustment only if the Applicant demonstrates that:
1. That the use will not materially endanger the public health or safety if located where
proposed and developed according to the plan as submitted and approved.
2. That the use meets all required conditions and specifications.
3. That the use will not substantially injure the value of adjoining property, or that the
use is a public necessity.
4. That the location and character of the use if developed according to the plan as
submitted and approved will be in harmony with the area in which it is to be located
and in general conformity with the Comprehensive Plan.
C.The findings of fact and conclusions of law shall be established in writing upon the Board’s
determination. This document shall be approved by the Board and signed by the chair or
other duly authorized member of the Board.
3.4.4.2 Conditions
A. In granting the permit, the Board of Commissioners may designate such conditions, in
addition and in connection therewith, as well, in its opinion, assure that the use in its
proposed location will be harmonious with the area in which it is proposed to be located
and with the spirit of this Ordinance. All such additional conditions shall be entered in the
minutes of the meeting at which the permit is granted and also on the certificate of the
Special Use Permit or on the plans submitted therewith. All specific conditions shall run
with the land and shall be binding on the original Applicants for the Special Use Permits,
their heirs, successors and assigns.
B. Conditions and safeguards imposed under this subsection shall not include requirements
for which the County does not have authority under statute to regulate nor requirements
for which the courts have held to be unenforceable if imposed directly by the County. All
conditions shall be consented to in writing by the property owner.
C. In addition to the specific conditions imposed by the regulations in this Ordinance and
whatever additional conditions the Board of Commissioners deem reasonable and
appropriate, special uses shall comply with the height, yard, area and parking regulations
for the use district in which they are permitted unless otherwise specified.
3.4.4.3 Scope of Approval
A. Subject to NCGS § 160D-406 (j), a quasi-judicial decision is effective upon filing the written
decision with the clerk to the Board or such other office or official. The decision of the
Board shall be delivered within a reasonable time by personal delivery, electronic mail, or
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by first-class mail to the Applicant, landowner, and to any person who has submitted a
written request for a copy prior to the date the decision becomes effective.
B. Approval of a Special Use Permit does not authorize any development activity. The
approval of a Special Use Permit shall authorize the Applicant to apply for final Site Plan
and Zoning Permit approval pursuant to this Ordinance, as applicable. Any Special Use
Permit approval shall become null and void if a required Site Plan and Zoning Permit is
not approved within one (1) year after the date of the approval or the project does not
commence within one (1) year after the date of the approval. If the Special Use Permit
becomes null and void, reapplication is required to receive a new Special Use Permit.
3.4.4.4 Modifications to Special Use Permits
The Administrator may approve minor changes to Special Use Permit plans approved by the
Board of Commissioners if with such minor changes the development remains substantially
consistent with the Board's approval and with all other provisions of this Ordinance and
applicable rules and regulations. The Administrator may not approve changes that would
constitute a major change of or modification to a Special Use Permit. Any change which would
require findings of fact or evidence in addition to those in the record of the public hearing for
the original Special Use Permit, or subsequent modifications, if any, shall be deemed a major
modification of the Special Use Permit. By way of example, but not of limitation, any of the
following shall constitute a major modification requiring an application to be resubmitted in
accordance with applicable ordinance provisions:
1. Significant changes in the zoning lot's boundaries, unless the purposes of this Ordinance
or of the County's plan for the comprehensive development of the area within which the
lot is located are satisfied to an equivalent or greater degree. Substantial change in the
boundaries of the site if public purposes are not satisfied to an equivalent or greater
degree.
2. A change from the use approved.
3. Significant changes in the location of principal and/or accessory structures and/or uses.
4. Structural alterations significantly affecting the basic size, form, style, ornamentation, and
appearance of principal and/or accessory structures, as shown the plan.
5. Significant changes in pedestrian or vehicular access or circulation.
6. Significant change in the amount or location of required landscape screening if an
alternate proposal does not provide the same or greater degree.
7. Reasonable modifications or reasonable accommodations afforded under the Fair
Housing Act or Americans with Disabilities Act.
3.5 LEGISLATIVE PROCEDURES
The procedures of this Ordinance shall apply to all legislative proceedings including Official
Comprehensive Plan Amendments, Conditional Districts, Vested Rights for site-specific vesting
plans, or Development Agreements, Zoning Map Amendments, and Ordinance Text
Amendments, subject to NCGS § 160D-601 and Chapter 160D-108.1.
A. To minimize development planning costs, avoid misunderstanding or misinterpretation,
and ensure compliance with the requirements of this Ordinance, a pre-application
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meeting between the Applicant and the Administrator concerning the application of this
Ordinance to the proposed development is recommended and optional. It is the intent to
provide a preliminary review of a property’s development potential and Staff direction
for additional needed information, but not as a type of approval.
B. When a pre-application meeting is requested by the Applicant, the Applicant shall submit
to the Administrator a Concept Plan showing the proposed site layout, design, location,
and dimensions with the criteria listed below. The Administrator shall review the Concept
Plan for general compliance with the requirements of this Ordinance and any other
applicable requirements. The Administrator shall advise the Applicant of the regulations
pertaining to the proposed development and the procedures to be followed. Any
development is subject to other state, federal, and private utility requirements, including
properties in the Falls Lake Watershed, for stormwater threshold review.
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3.5.2 General Procedures
STEP 1
Pre-Application
Meeting
STEP 2
Application &
Plan Submittal
STEP 4
Planning Board
Advisory Hearing &
Recommendation
STEP 6
Board of Commissioners
Public Hearing &
Decision
STEP 7
Additional Approvals
STEP 5
Public Notice
STEP 3A
Administrator
Review
STEP 3B
TRC Review
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STEP 2. Application & Plan Submittal
A. The Board of Commissioners may, at any time, amend, supplement, change, modify or repeal
the zoning district’s boundaries or regulations in this Ordinance, or subsequently amended.
Proposed changes or amendments may be initiated by the Board of Commissioners, Planning
Board, Board of Adjustment, or by one or more owners, optionees or lessees of property
within the area proposed to be changed or affected. This may be done in accordance with
the provisions of this Ordinance.
B. For amendments, the Applicant shall file a complete application on a prescribed form with
the Administrator. Applications to amend this Ordinance or the Official Zoning Map shall be
submitted to the Planning & Zoning Department for review according to the adopted Planning
Board and Board of Commissioners yearly schedule. The petition shall include the following:
1. For Amendments to the Future Land Use Map or the Official Zoning Map, a map drawn to
scale showing the exterior boundaries of the lot(s) which will be covered by the proposed
map amendment.
2. For amendments to the Comprehensive Plan or the text of this Ordinance, a copy of the
existing text provisions which the Applicant proposes for amendment, and a written
statement which describes in detail changes the Applicant proposes to make to the text
of the Ordinance.
3. The alleged error in the Official Zoning Map and/or Ordinance Text which will be corrected
by the proposed amendment with a detailed explanation of such and detailed reasons
how the proposed amendment will correct the same.
4. The changed or changing conditions, if any, in the area or in the County generally, which
makes the proposed Official Zoning Map and/or Ordinance Text Amendment reasonable
and necessary to the promotion of the public health, safety and general welfare.
5. The manner in which the proposed Official Zoning Map and/or Ordinance Text
Amendment will carry out the purpose and intent of the Comprehensive Plan or part
thereof.
6. All other circumstances, factors and reasons which the Applicant offers in support of the
proposed Comprehensive Plan Amendment, Official Zoning Map, and/or Ordinance Text
Amendment.
C. Each petition, unless initiated by the Board of Commissioners, Planning Board, Board of
Adjustment, or Staff, shall be accompanied by a fee to defray the cost of advertising and other
administrative costs involved.
D. Applications for Conditional Districts, Vested Rights, or Development Agreements shall be
submitted simultaneously with a site-specific plan, as applicable.
E. In accordance with NCGS § 160D-601(d), no amendment to zoning regulations or a zoning
map that down-zones property shall be initiated nor is it enforceable without the written
consent of all property owners whose property is the subject of the down-zoning
amendment, unless the down-zoning amendment is initiated by the County. For purposes of
this Ordinance, "down-zoning" means a zoning ordinance that affects an area of land in one
of the following ways:
1. By decreasing the development density of the land to be less dense than was allowed
under its previous usage.
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2. By reducing the permitted uses of the land that are specified this Unified Development
Ordinance to fewer uses than were allowed under its previous usage.
STEP 3A & B. Administrator & TRC Review
A. The Administrator shall review the application in accordance with the requirements of this
Ordinance and any other applicable local, state, or federal requirements.
B. The TRC shall provide comments to the Administrator regarding the application for
Comprehensive Plan Amendments, Map Amendments, Cluster Developments, Conditional
Districts, Vested Rights, and Development Agreements. It shall be the responsibility of the
Administrator to ensure that the comments are communicated to and addressed by the
Applicant. The Applicant shall address comments necessary to meet all applicable local, state,
and federal requirements and submit a revised plan.
STEP 4. Planning Board Advisory Hearing & Recommendation
A. The Planning Board shall hold an advisory hearing at its meeting regarding the request and
may hear from anyone present regarding the request.
B. In accordance with NCGS § 160D-604(d), when conducting a review of proposed zoning text
or map amendments pursuant to this Ordinance, the Planning Board shall advise and
comment on whether the proposed action is consistent with the County’s Comprehensive
Plan that has been adopted. The Planning Board shall provide a written recommendation to
the Board of Commissioners that addresses plan consistency and other matters as deemed
appropriate by the Planning Board, but a comment by the Planning Board that a proposed
amendment is inconsistent with the comprehensive plan shall not preclude consideration or
approval of the proposed amendment by the Board of Commissioners.
C. In accordance with NCGS § 160D-605, when reviewing any Ordinance Text Amendment or
Zoning Map Amendment, the Planning Board shall provide through a motion and a vote in
the form of a recommendation to the Board of Commissioners whether their action is
consistent or inconsistent with the adopted Comprehensive Plan. The Board of
Commissioners may use the Planning Board’s recommendation in their formation of a
statement of reasonableness. The statement of reasonableness and plan consistency may be
approved as a single statement that may be adopted when acting upon the zoning text or
map amendment or as a separate motion.
D. The Planning Board shall have sixty (60) calendar days to submit its recommendation to the
Board of Commissioners. If no written report is received by the Board of Commissioners, due
to no decision being rendered from the Planning Board within sixty (60) calendar days, the
Board of Commissioners may proceed in its consideration of the amendment without the
Planning Board report. The Board of Commissioners is not bound by the recommendation, if
any, of the Planning Board.
STEP 5. Public Notice
For all legislative requests outlined in this Ordinance, a notice of the hearing shall be given once
a week for two (2) successive calendar weeks in a newspaper having general circulation in the
area. The notice shall be published the first time not less than ten (10) calendar days nor more
than twenty-five (25) calendar days before the date scheduled for the hearing. In computing such
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period, the day of publication is not to be included but the day of the hearing shall be included.
For Comprehensive Plan Amendments, Zoning Map Amendments, Vested Rights, and
Development Agreements, the owners of affected parcels of land and the owners of all parcels
of land adjacent to that parcel of land shall be mailed a notice of the hearing regarding the
proposed request by first-class mail at the last addresses listed for such owners on the County
tax abstracts. For the purpose of this Ordinance, properties are adjacent, even if separated by a
street, railroad, or other transportation corridor. Additionally, the County shall cause a notice of
the hearing to be prominently posted on the site proposed for the request or on an adjacent
public street or highway right-of-way. The notice shall be posted within the same time period
specified for mailed notices of the hearing. When multiple parcels are included within a request,
a posting on each individual parcel is not required, but the County shall post sufficient notices to
provide reasonable notice to interested persons.
STEP 6. Board of Commissioners Public Hearing & Consideration
A. The Board of Commissioners shall hold a legislative public hearing at a meeting in accordance
with that year’s adopted schedule.
B. In accordance with NCGS § 160D-605(a), when adopting or rejecting any zoning text or map
amendment, the Board of Commissioners shall approve a brief statement describing whether
its action is consistent or inconsistent with an adopted Comprehensive Plan. If a zoning map
amendment is adopted and the action was deemed inconsistent with the adopted plan, the
zoning amendment has the effect of also amending any future land-use map in the approved
plan, and no additional request or application for a plan amendment is required. A plan
amendment and a zoning map amendment may be considered concurrently. The plan
consistency statement is not subject to judicial review. If a zoning map amendment qualifies
as a "large-scale rezoning" under NCGS § 160D-602(b), the Board of Commissioners
statement describing plan consistency may address the overall rezoning and describe how
the analysis and policies in the relevant adopted plans were considered in the action taken.
C. In accordance with NCGS § 160D-605(b), when adopting or rejecting any petition for a Zoning
Map Amendment, a statement analyzing the reasonableness of the proposed rezoning shall
be approved by the Board of Commissioners. This statement of reasonableness may consider,
among other factors, (i) the size, physical conditions, and other attributes of the area
proposed to be rezoned, (ii) the benefits and detriments to the landowners, the neighbors,
and the surrounding community, (iii) the relationship between the current actual and
permissible development on the tract and adjoining areas and the development that would
be permissible under the proposed amendment, (iv) why the action taken is in the public
interest, and (v) any changed conditions warranting the amendment. If a zoning map
amendment qualifies as a "large-scale rezoning" under NCGS § 160D-602(b), the Board of
Commissioners statement on reasonableness may address the overall rezoning. The
statement of reasonableness and the plan consistency statement required by this Ordinance
may be approved as a single statement.
D. A simple majority vote of the Board of Commissioners shall be the required minimum to
amend this Ordinance when recommendation from the Planning Board is received.
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STEP 7. Additional Approvals (As Applicable)
A legislative approval does not authorize any development activity. Additional approvals of
Zoning Permits as set forth in this Ordinance may apply.
3.5.1 Ordinance Text, Zoning Map Amendment, and Comprehensive Plan Amendment
Provisions
A. The procedures for Legislative Hearings in this Ordinance shall be followed.
B. In accordance with NCGS § 160D-601, a development regulation shall be adopted by
ordinance.
C. Conditional District Zoning Map Amendments shall follow the additional provisions of this
Ordinance.
D. Following approval of a Zoning Map Amendment, the Administrator shall cause the Official
Zoning Map to be updated to reflect the Amendment.
E. Following approval of a Comprehensive Plan Amendment, the Administrator shall cause the
Comprehensive Plan to be updated to reflect the Amendment
3.5.2 Conditional District Provisions
3.5.2.1 Purpose & Authority
A. Conditional Districts (CD) provide for those situations where a particular use, properly
planned, may be appropriate for a particular site, but where the general district has
insufficient standards to mitigate the site-specific impact on surrounding areas. Uses
which may be considered for a Conditional District are restricted to those uses permitted
in the corresponding general zoning district. Conditional Districts are established on an
individualized basis, only in response to a petition by the owners of all the property to be
included. Zoning of a Conditional District is not intended for securing early or speculative
reclassification of property. The zoning regulations for a Conditional District shall be
recorded in an executed Development Agreement.
B. Conditional Districts are authorized by NCGS § 160D-703.
3.5.2.2 Procedures
A. The procedures for Legislative Hearings in this Ordinance shall be followed.
B. Applications for Conditional District (CD) rezoning approval shall be filed with the
Administrator. Property may be placed in a Conditional District only in response to a
petition by all owners of the property to be included, or their authorized agents.
C. The Applicant shall submit an application for a CD rezoning and a Site Plan or Major
Subdivision Preliminary Plat, as forth in this Ordinance.
D. The Applicant shall describe the exact land use(s) proposed for the CD rezoning. Such
use(s) may be selected from any of the uses, whether permitted by right or conditional,
allowed in the general zoning district upon which the CD rezoning is based. The Applicant
may also submit any other conditions limiting the type, scope or intensity of development
or use of the subject property for consideration by the Board of Commissioners.
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3.5.2.3Permitted Uses & Conditions
A. Within a Conditional District (CD), only those uses permitted by the zoning district with
which the "CD" district corresponds shall be permitted.
B. The Board of Commissioners may also impose additional reasonable and appropriate
safeguards to serve the purpose and intent of this Chapter, public welfare, and justice. In
the event of a "CD" rezoning, the final major Site Plan is itself a condition of the rezoning.
Specific conditions may be proposed by the petitioner or the County or its agencies, but
only those conditions approved by the County and consented to by the petitioner in
writing may be incorporated into the zoning regulations. Unless consented to by the
petitioner in writing, in the exercise of the authority granted by this Ordinance, the
County may not require, enforce, or incorporate into the zoning regulations any condition
or requirement not authorized by otherwise applicable law, including, without limitation,
taxes, impact fees, building design elements within the scope of NCGS § 160D-702(b),
driveway-related improvements in excess of those allowed in NCGS § 136-18(29) and
NCGS § 160A-307, or other unauthorized limitations on the development or use of land.
Conditions and site-specific standards imposed in a conditional district shall be limited to
those that address the conformance of the development and use of the site to County
ordinances, plans adopted pursuant to NCGS § 160D-501, or the impacts reasonably
expected to be generated by the development or use of the site.
3.5.2.4Modifications of Conditional Districts
A. The Administrator may approve minor changes to final plans approved by the Board of
Commissioners if with such minor changes the development remains substantially
consistent with the Board's approval and with all other provisions of this Ordinance and
applicable rules and regulations. The Administrator may not approve changes that would
constitute a major change of or modification to a CD-Rezoning. By way of example, but
not of limitation, any of the following shall constitute a major modification requiring an
application to be resubmitted in accordance with applicable ordinance provisions:
1. A change from the use approved.
2. Structural alterations significantly affecting the basic size, form, style, ornamentation,
and appearance of principal and/or accessory structures as shown the plan.
B. Subject to NCGS § 160D-703, if multiple parcels of land are subject to a Conditional
District, the owners of individual parcels may apply for modification of the conditions so
long as the modification would not result in other properties failing to meet the terms of
the conditions. Any modifications approved shall only be applicable to those properties
whose owners petition for the modification.
3.5.3 Vested Rights with a Site-Specific Plan Provisions
3.5.3.1Purpose & Authority
As authorized under NCGS § 160-108.1, an Applicant may obtain the right to undertake and
complete the development and use of property under the terms and conditions of an
approved site-specific vesting plan. Only approved special uses, permitted uses and approved
phased developments may be granted a vested right under this Ordinance. Vested right
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status shall guarantee the right to develop according to the provisions of the approved site-
specific vesting plan for no less than two (2) years and no more than five (5) years. Site-
specific vesting plans can take the form of a Subdivision Preliminary Plan, a Site Plan, a Special
Use Permit Site Plan, a Conditional District plan, or any other development approval.
3.5.3.2Procedures
A. The procedures for Legislative Hearings in this Ordinance shall be followed, except that
applications for vested rights related to Special Use Permits do not require Planning Board
Review and Recommendation. In addition to requirements of this Ordinance for Vested
Rights requests shall include a site-specific plan as prescribed in NCGS § 160D.108.1 (a).
A site-specific vesting plan consists of a plan submitted to the County in which the
Applicant requests vesting pursuant to this Ordinance, describing with reasonable
certainty on the plan the type and intensity of use for a specific parcel or parcels of
property. The plan may be in the form of, but not be limited to, any of the following plans
or approvals:
1. Site Plan
2. Major Subdivision Preliminary Plat
3. Special Use Permit Site Plan
4. Conditional District Site Plan or Subdivision Preliminary Plat
B. The site-specific plan shall include:
1. The Person County Parcel Number.
2. The approximate boundaries of the site.
3. Significant topographical and other natural features affecting development of the site.
4. The approximate location on the site of the proposed buildings, structures, and other
improvements.
5. The approximate dimensions, including height, of the proposed buildings and other
structures.
6. The approximate location of all existing and proposed infrastructure on the site,
including water, sewer, roads, and pedestrian walkways.
C. A Variance does not constitute a site-specific vesting plan, and approval of a site-specific
vesting plan with the condition that a Variance be obtained does not confer a Vested Right
unless and until the necessary Variance is obtained. If a Concept Plan or other document
fails to describe with reasonable certainty the type and intensity of use for a specified
parcel or parcels of property, it may not constitute a site-specific vesting plan.
3.5.3.3Effect of Approval
A. A vested right obtained under this Ordinance is not a personal right, but shall attach to
and run with the applicable property. Approval from the Board of Commissioners shall
result in a vested right, although failure to abide by such terms and conditions, in addition
to applicable local development regulations, will result in a forfeiture of vested rights.
B. The establishment of a vested right under an approved site-specific vesting plan shall not
preclude the application of ordinances or regulations that are general in nature, are
applicable to all property in the County subject to land use regulation, and have no effect
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on the allowable type or intensity of use for the subject property. Otherwise, applicable
new or amended regulations shall become effective for the subject property upon the
expiration or termination of the vested right.
3.5.3.4Continuing Review
Following approval or conditional approval of a vested right, Person County may make
subsequent reviews and require approvals by the County to ensure compliance with the
terms and conditions of the original approval, provided that such reviews are not inconsistent
with the original approval.
3.5.3.5Modification of Vested Rights Approval
The Administrator may approve minor changes to site-specific vesting plans approved by the
Board of Commissioners if with such minor changes the development remains substantially
consistent with the Board's approval and with all other provisions of this Ordinance and
applicable rules and regulations. The Administrator may not approve changes that would
constitute a major change of or modification to an approved site-specific vesting plan. By way
of example, but not of limitation, any of the following shall constitute a major modification
requiring an application to be resubmitted in accordance with applicable ordinance
provisions:
A. Significant changes in the zoning lot’s boundaries, unless the purposes of this Ordinance
or of the County’s plan for the comprehensive development of the area within which the
lot is located are satisfied to an equivalent or greater degree. Substantial change in the
boundaries of the site if public purposes are not satisfied to an equivalent or greater
degree or a change from the use approved.
B. Significant changes in the location of principal and/or accessory structures and/or uses.
C. Structural alterations significantly affecting the basic size, form, style, ornamentation, and
appearance of principal and/or accessory structures as shown the plan.
D. Significant changes in pedestrian or vehicular access or circulation.
E. Significant change in the amount or location of required landscape screening if an
alternate proposal does not provide the same or greater degree.
3.5.3.6 Termination of a Vested Right
A vested right established by an approved site-specific vesting plan shall terminate:
A. At the end of the applicable vesting period in respect to buildings and uses for which no
valid building permit application has been filed.
B. With the written consent of the Applicant and/or landowner.
C. Upon findings by the Commissioners, alter a public hearing in which reasonable notice
and advertisement are given, that natural or man-made hazards at or near the immediate
vicinity of the property, if uncorrected, would pose a serious threat to the public health,
safety, and welfare if the project were to proceed as originally approved in the site-
specific vesting plan.
D. Upon payment to the affected Applicant and/or landowner of compensation for all costs,
expenses and other losses incurred by the same including all fees paid in consideration of
financing, and all architectural, planning, marketing, legal, and other consultant's fees
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incurred after approval by the Board. Compensation shall not include any diminution in
the value of the subject property.
B. Upon findings by the Commissioners, after a public hearing in which reasonable notice
and advertisement are given, that the landowner, his successors, or any representatives
intentionally supplied inaccurate information or made material misrepresentations which
after the original approval of the Commissioners of the site-specific vesting plan.
C.Upon changes in state or federal law or regulation that preclude the proposed use or
development project as originally approved in the site-specific vesting plan. The owner
and/or Applicant shall have the opportunity in this instance to submit appropriate
applicable modifications to the original site-specific vesting plan.
3.5.4 Development Agreement Provisions
3.5.4.1Purpose & Authority
A. Development projects often occur in multiple phases over several years, requiring a long-
term commitment of both public and private resources. Such developments often create
community impacts and opportunities that are difficult to accommodate within
traditional zoning processes. Development Agreements are used to better structure and
manage development approvals for such developments and ensure their proper
integration into local capital facilities programs.
B. Person County may enter into Development Agreements with a developer of property,
subject to the procedures of this Ordinance and NCGS § 160D, Article 10.
3.5.4.2Procedures
A. The procedures for Legislative Hearings in this Ordinance shall be followed.
B. Applications for Development Agreements shall be filed with the Administrator in the
manner as set forth in this Ordinance. In addition to the application, plan and fee
prescribed in this Ordinance for Development Agreements shall include the following
information:
1. A description of the property subject to the agreement and the names of its legal and
equitable property owners.
2. The duration of the agreement.
3. The development uses permitted on the property, including population densities and
building types, intensities, placement on the site, and design.
4. Development schedule including commencement dates and interim completion dates
at no greater than five (5)-year intervals.
5. If applicable, the following:
a. A description of public facilities that will serve the development, including who
provides the facilities, the date any new public facilities, if needed, will be
constructed, and a schedule to assure public facilities are available concurrent
with the impacts of the development. In the event that the Development
Agreement provides that the County shall provide certain public facilities, the
Development Agreement shall provide that the delivery date of such public
facilities will be tied to successful performance by the developer in implementing
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the proposed development (such as meeting defined completion percentages or
other performance standards). The developer and County may, through
negotiation, agree to the provision of and cost-sharing for public facilities and
other amenities related to development provided that any impact mitigation
measures offered by the developer beyond those that could be required by the
County pursuant to NCGS § 160D-804 shall be expressly enumerated within the
agreement, and provided the agreement may not include a tax or impact fee not
otherwise authorized by law.
b. A description of any reservation or dedication of land for public purposes and any
provisions agreed to by the developer that exceed existing laws related to
protection of environmentally sensitive property.
c. A description of any conditions, terms, restrictions, or other requirements for the
protection of public health, safety, or welfare of its citizens.
d. A description, where appropriate, of any provisions for the preservation and
restoration of historic structures.
e. If more than one County is involved in the Development Agreement, the
agreement must specify which government is responsible for overall
administration of the agreement.
3.5.4.3Recordation
Following approval from the Board of Commissioners, the Development Agreement must be
recorded with the Register of Deeds by the developer within fourteen (14) calendar days after
Person County and the developer execute an approved Development Agreement (NCGS
160D-1011). No development approvals may be issued until the Development Agreement has
been recorded. The agreement is binding on all successors in interest to the parties of the
agreement, including subsequent purchasers of the land.
3.5.4.4Periodic Review
Planning & Zoning Department Staff must undertake periodic review of the project to verify
compliance with the recorded agreement.
3.5.4.5Amendments to Development Agreements
Parties can modify or cancel the agreement at any time by mutual consent. Any major
modification to a Development Agreement requires the same notice and hearing as required
for initial approval. Local ordinances in effect at the time of the agreement are to remain in
effect for the life of the agreement unless subsequent enacted local ordinances and
ordinance amendments can be applied for on the same grounds applicable to permissible
mandated amendments of site-specific vesting plan. The following are changes that may be
the basis of such modification:
A. Changes that have either landowner approval in writing or that make the landowner
financially whole (compensated for the full cost of the change).
B. When there have been either inaccurate or material misrepresentations in the application
of there are emergent serious threats to public health, safety, or welfare. If the agreement
is to be amended or revoked, this must be established by notice or hearing.
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C. Enactment of general regulations not aimed specifically at the property that impose
additional requirements, but do not affect the type or intensity or the use at the site.
3.5.4.6Breach of Development Agreements
If a developer has breached the recorded Development Agreement, the County must notify
the developer in writing within a reasonable time the notice of the breach, evidence
supporting the finding and determination, and provide reasonable time to correct the breach.
If the breach is not remedied, the County may terminate or modify the agreement. Appeals
may be filed with the Board of Adjustment in accordance with the process for hearing and
submitting appeals. Failure to meet a commencement or completion date set forth in the
Development Agreement shall not, in and of itself, constitute a material breach of the
Development Agreement, but must be judged based upon the totality of the circumstances.
3.5.4.7Subsequent Development Agreements
Parties are not precluded from entering into subsequent Development Agreements that may
extend the original duration period.
3.5.4.8Development Agreements & Other Regulation Approvals
Development Agreements may be considered concurrently with a zoning map or text
amendment affecting the property and development subject to the Development
Agreement. If incorporated into a Conditional District, the provisions of the Development
Agreement shall be treated as a development regulation in the event of the developer’s
bankruptcy. A Development Agreement may be concurrently considered with and
incorporate by reference a Preliminary Plat required under a subdivision regulation or a Site
Plan or other development approval required under a zoning regulation.
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ARTICLE 5. ZONING DISTRICTS & USES
ARTICLE 4. ZONING DISTRICTS & USES
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4.1 PURPOSE & INTENT
The purpose and intent of this Article is to divide the jurisdiction of Person County into districts
as set forth in NCGS § 160D-703, to carry out the purposes of this Ordinance as set forth in this
Ordinance.
4.2 INTERPRETATION OF DISTRICT BOUNDARIES
Where uncertainty exists with respect to the location of certain boundaries of districts as shown
on the Official Zoning Map, the following rules shall apply:
A. Boundaries indicated as approximately following the centerline of streets, highways, alleys,
streams, rivers, lakes, or other bodies of water shall be construed to follow such centerlines.
B. Boundaries indicated as approximately following platted lot lines shall be construed to follow
such lot lines.
C. Distances not specifically indicated on the Official Zoning Map shall be determined by the
scale of the map.
D. Where physical and cultural features existing on the ground are at Variance with those shown
on the Official Zoning Map, or in other circumstances not covered in this Ordinance, the Board
of Adjustment shall interpret the district boundaries.
E. Where a zoning district boundary line divides a lot, which was in single ownership at the time
of passage of this Ordinance, the Board of Adjustment may permit the extension of the
regulations for either portion of the lot not to exceed 250-ft. beyond the district line into the
remaining portion of the lot.
F. Where a zoning district boundary has a manifest error and there is no data or abstract for the
manifest error, the Administrator shall initiate an amendment to the Official Zoning Map to
correct the manifest error(s).
4.3 BASE ZONING DISTRICTS
The following base zoning districts are hereby established:
RD – Rural District
The purpose of this district is to provide for land use compatibility controls in areas with
agricultural and limited non-agricultural development.
R – Residential District
The purpose of this district is to provide for single-family residential uses and compatible
development.
NC – Neighborhood Commercial District (formerly B-2)
The purpose of this district shall be to provide for small clusters of retail service and other
commercial development which would be compatible with nearby residential areas.
HC – Highway Commercial District (formerly B-1)
The purpose of this district shall be to provide for commercial and light industrial development
which operate in a relative quiet, clean and non-noxious manner.
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GI – General Industrial District
The purpose of this district shall be to provide suitable locations for wholesale, distribution,
warehousing, fabrication, and processing of both light and heavy industrial production.
4.4 CONDITIONAL DISTRICTS
4.4.1 Purpose & Intent
A. Conditional Districts (CD) provide for those situations where a particular use, properly
planned, may be appropriate for a particular site, but where the general district has
insufficient standards to mitigate the site-specific impact on surrounding areas. Uses
which may be considered for a Conditional District are restricted to those uses
permitted in the corresponding “Base Zoning District.” Conditional Districts are
established on an individualized basis, only in response to a petition by the owners of
all the property to be included. Zoning of a Conditional District is not intended for
securing early or speculative reclassification of property.
B. Conditional Districts are authorized by NCGS § 160D-703.
4.4.2 Conditional Districts Established
Just as there are five (5) Base Zoning Districts, there are five (5) corresponding Conditional
Districts:
A. CD-RD Rural Conditional District
B. CD-R Residential Conditional District
C. CD-NC Neighborhood Commercial Conditional District (formerly CD-B-2)
D. CD-HC Highway Commercial Conditional District (formerly CD-B-1)
E. CD-GI General Industrial Conditional District
4.4.3 Procedures
A. Conditional Districts shall be approved in accordance with the process outlined in this
Ordinance.
B. All regulations which apply to a Base Zoning District also apply to the Conditional
District. All other regulations which may be offered by the property owner and
approved by Person County as part of the rezoning process, shall also apply.
4.5 OVERLAY DISTRICTS
The provisions for each Overlay District set forth herein shall apply in addition to the
requirements for any Base Zoning District or Conditional District.
4.5.1 Airport Overlay (AP-O)
4.5.1.1 Purpose
A. The purpose of this Overlay District shall be to establish land use regulations for areas
adjacent to the Raleigh Regional Airport at Person County (herein known as the
Person County Airport.
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B. It is hereby found that an obstruction has the potential for endangering the lives and
property of users of Person County Airport, and property or occupants of land in its
vicinity, that an obstruction may affect existing and future instrument approach
minimums of Person County Airport, and that an obstruction may reduce the size of
areas available for the landing, takeoff, and maneuvering of aircraft, thus tending to
destroy or impair the utility of Person County Airport and the public investment
therein. Accordingly, it is declared:
1. That the creation or establishment of an obstruction has the potential of being a
public nuisance and may injure the region served by the Person County Airport,
2. That it is necessary in the interest of the public health, safety, and general welfare
that the creation or establishment of obstructions that are a hazard to air
navigation be prevented.
3. That the prevention of these obstructions should be accomplished, to the extent
legally possible, by the exercise of statutory authority without compensation.
4.5.1.2 Airport Zones
In order to carry out the provisions of this Ordinance, there are hereby created and
established a certain control zone which includes all of the land lying beneath the
approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they
apply to Person County Airport. Such zones are shown on the Person County Airport
Overlay District Map dated May, 1988. This map, along with a full description of each zone
and the height limitations associated with each zone, is hereby made part of this
Ordinance and is located on the Person County Geographic Information System (GIS). This
map may be amended, as needed, to be current with any changes on the airport property.
An area located in more than one (1) of the zones is considered to be only in the zone
with the more restrictive height limitation.
4.5.1.3 Airport Zone Height Limitations
Except as otherwise provided in this Ordinance, no structure shall be erected, altered, or
maintained, and no tree shall be planted to grow or property use permitted in any zoning
district created by this Ordinance that interferes and alters a Federal Aviation
Administration (FAA) regulated approach slope or 50-ft., whichever is greater. The height
restrictions supersede any other height restrictions in this Ordinance.
4.5.1.4 Airport Noise Exposure Zone
A. The Airport Noise Exposure Zone in the AP-O regulates land uses in the vicinity of the
Person County Airport by determining the yearly day-night average sound levels and
identifying land uses that are normally compatible with various levels of noise
exposure. The Noise Exposure Zone shall have a Base Zoning District of General
Industrial (GI), which will allow for compatible uses around the Airport.
B. The Airport Noise Exposure Zone in the AP-O regulates the area surrounding the
Airport that has noise levels that may exceed 65 Ldn (loudness day night), as shown
on the Person County Airport Overlay District Map.
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C. Where such permitted uses are located within the seventy (70) Ldn or above contour
noise boundary, measures to achieve Noise Level Reduction (NLR) of at least 25
decibels (dB) and 30 dB shall be incorporated into the design and construction of
portions of these buildings where the public is received, office areas, noise sensitive
areas or where the normal noise level is low.
4.5.1.5 Use Restrictions
A. The following uses shall not be permitted in the AP-O:
1. Religious institutions
2. Day care center
3. Dwellings, single-family and two-family
4. Manufactured homes
5. Funeral homes
6. Assembly uses
7. Shooting ranges
8. Landfills
9. Electrical facilities
10. Solar facilities
B. Notwithstanding any other provisions of this Ordinance, no use may be made of land
or water within any zone established by this Ordinance in such a manner as to create
electrical interference with navigational signals or radio communication between the
airport and aircraft, make it difficult for pilots to distinguish between airport lights
and others, result in glare in the eyes of pilots using the airport, impair visibility in the
vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or
interfere with the landing, takeoff, or maneuvering of aircraft intending to use the
airport.
4.5.1.6 Non-Conforming Uses
A. The regulations prescribed in this Ordinance shall not be construed to require the
removal, lowering, or other change or alteration of any structure or tree not
conforming to the regulations as of the effective date of the predecessor of this
Ordinance adopted January 16, 1989, or otherwise interfere with the continuance of
a non-conforming use.
B. The owner of any existing non-conforming structure or tree is hereby required to
permit the installation, operation, and maintenance thereon of such markers and
lights as shall be deemed necessary by the Administrator to indicate to the operators
of aircraft in the vicinity of the airport the presence of such airport obstruction. Such
markers and lights shall be installed, operated, and maintained at the expense of
Person County.
C. No permit shall be granted that would allow the establishment or creation of an
obstruction or permit a non-conforming use, structure, or tree to become a greater
hazard to air navigation, than it was on the effective date of this Ordinance or any
amendments thereto or than it is when the application for a permit is made.
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D. Whenever the Administrator determines that a non-conforming tree or structure has
been physically damaged, decayed, or abandoned to more than 80% of the tree or
structure, as if at full mature growth or as newly constructed, no permit shall be issued
that would allow such tree or structure to be expanded or to achieve a deviation from
this Ordinance.
4.5.1.7 Variances
A. Any person desiring to erect or increase the height of any structure, or permit the
growth of any tree, or use property, not in accordance with the regulations prescribed
in this Ordinance, may apply to the Board of Adjustment for a Variance from such
regulations, in accordance with the procedures set forth in this Ordinance. The
application for Variance shall be accompanied by a determination from the FAA as to
the effect of the proposal on the operation of air navigation facilities and the safe,
efficient use of navigable airspace. Such Variances shall be allowed where it is duly
found that a literal application or enforcement of the regulations will result in
unnecessary hardship and relief granted, will not be contrary to the public interest,
will not create a hazard to air navigation, will do substantial justice, and will be in
accordance with the spirit of this Ordinance. Additionally, no application for Variance
to the requirements of this Ordinance may be considered by the Board of Adjustment
unless a copy of the application has been furnished to the Airport Manager for advice
as to the aeronautical effects of the Variance. If the Airport Manager does not respond
to the application within fifteen (15) calendar days after receipt, the Board of
Adjustment may act on its own to grant or deny said application.
B. Any Variance granted may, if such action is deemed advisable to effectuate the
purpose of this Ordinance and be reasonable in the circumstances, be so conditioned
as to require the owner of the structure or tree in question to install, operate, and
maintain, at the owner's expense, such markings and lights as may be necessary. If
deemed proper by the Board of Adjustment, this condition may be modified to require
the owner to permit the Person County, at its own expense, to install, operate, and
maintain the necessary markings and lights.
4.5.2 WP-O Watershed Protection Overlay
4.5.2.1 Purpose & Intent
A. The Watershed Protection Overlay (WP-O) is hereby established and delineated on
the “Official Person County Watershed Map”, and maintained on the Person County
Geographic Information System (GIS), for all lands within water supply watersheds
and lands targeted for nutrient and pollutant reduction, as classified by the North
Carolina Environmental Management Commission and overseen by the North
Carolina Department of Environmental Quality (NCDEQ). Map amendments for the
WP-O can only be implemented by the North Carolina Environmental Management
Commission. Where uncertainty exists as to the location of a Watershed Protection
Overlay District Boundary, interpretations shall be made in accordance with this
Ordinance.
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B. The following designated watersheds are part of the WP-O:
Table 4-1: Watershed Protection Areas
Protected Watershed Name Class Acreage General Location
Storys Creek Critical Area
(Storys-CA)
WSII 1,837 One-half (1/2) mile to normal pool
elevation lake or to ridgeline
whichever is less
Storys Creek Balance of Watershed
(Storys-BW)
WSII 4,654 Drainage basin of Storys Creek
Knap of Reeds Creek Balance of Watershed
(Knap-BW)
WSII 2,619 Portion of drainage basin of Knap
of Reeds Creek (Lake Butner)
Little River Balance of Watershed
(Little-BW)
WSII 74 Portion of drainage basin of Little
River Reservoir
South Hyco Creek Critical Area
(Hyco-CA)
WSII 246 One-half (1/2) mile upstream from
and draining to intake located in
South Hyco Creek
South Hyco Creek Balance of Watershed
(Hyco-BW)
WSII 21,646 Portion of drainage basin, South
Hyco Creek
Flat River Balance of Watershed
(Flat-BW)
WSIII 80,074 Portion of drainage basin of the
Flat River
Tar River Protected Area
(Tar-PA)
WSIV 20,117 Portion of drainage basin of Tar
River
Upper Falls Lake Watershed Management
Area (Falls Lake Watershed)
Falls 83,083 Portion of the drainage basin of
Falls of the Neuse Reservoir
4.5.2.2 Development Standards
The development standards for each protected watershed within the WP-O are in this
Ordinance, as authorized in the NCGS and codified into the North Carolina Administrative
Code by the North Carolina Environmental Management Commission, in furtherance of
the Federal Clean Water Act.
4.6 SUPPLEMENTAL REGULATIONS
4.6.1 Agricultural Uses
4.6.1.1 Bona Fide Farms & Agritourism
A. Person County zoning regulations shall not affect property used for Bona Fide Farm
farm-use purposes. Non-farm uses that are non-incidental to the farm use within a
Bona Fide Farm are subject to the zoning regulations of this Ordinance. Except as
provided in NCGS § 106-743.4 for farms that are subject to a conservation agreement
under NCGS § 106-743.2, Bona Fide Farm purposes include the production and
activities relating or incidental to the production of crops, grains, fruits, vegetables,
ornamental and flowering plants, dairy, livestock, poultry, and all other forms of
agriculture, as defined in NCGS § 106-581.1.
B. Activities incidental to the farm include existing or new residences constructed to the
applicable residential building code situated on the farm occupied by the property
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owner, lessee, or operator of the farm and other buildings or structures sheltering or
supporting the farm use and operation. For purposes of this Ordinance, "when
performed on the farm" in NCGS § 106-581.1(6) includes the farm within the
jurisdiction of the County and any other farm owned or leased to or from others by
the Bona Fide Farm operator, no matter where located. For purposes of this
Ordinance, the production of a non-farm product that the Department of Agriculture
and Consumer Services recognizes as a "Goodness Grows in North Carolina" product
that is produced on a farm subject to a conservation agreement under NCGS § 106-
743.2 is a Bona Fide Farm purpose.
C. For purposes of determining whether a property is being used for Bona Fide Farm
purposes, any of the following is sufficient evidence that the property is being used
for Bona Fide Farm purposes and an Applicant for a Bona Fide Farm shall produce a
final executed and completed document for consideration:
1. A farm sales tax exemption certificate issued by the Department of Revenue.
2. A copy of the property tax listing showing that the property is eligible for
participation in the present-use value program pursuant to NCGS § 105-277.3.
3. A copy of the farm owner's or operator's Schedule F from the owner's or
operator's most recent federal income tax return.
4. A forestry management plan.
D. A building or structure that is considered used for agritourism purpose as a Bona Fide
Farm if the building or structure is located on a property that (i) is owned by a person
who holds a qualifying farm sales tax exemption certificate from the Department of
Revenue pursuant to NCGS § 105-164.13E(a) or (ii) is enrolled in the present-use value
program pursuant to NCGS § 105-277.3. Failure to maintain the requirements of this
subsection for a period of three (3) years after the date the building or structure was
originally classified as a Bona Fide Farm purpose pursuant to this subsection, subjects
the building or structure to this Ordinance or any other applicable zoning and
development regulation ordinances adopted by the County pursuant to NCGS § 160D-
702 that is in effect on the date the property when it no longer meets the
requirements of this subsection. For purposes of this Ordinance, "agritourism" means
any activity carried out on a farm or ranch that allows members of the general public,
for recreational, entertainment, or educational purposes, to view or enjoy rural
activities, including farming, ranching, historic, cultural, harvest-your-own activities,
hunting, fishing, equestrian activities, or natural activities and attractions. A building
or structure used for agritourism includes any building or structure used for public or
private events, including, but not limited to, weddings, receptions, meetings,
demonstrations of farm activities, meals, and other events that are taking place on
the farm because of its farm or rural setting.
4.6.2 Residential Uses
4.6.2.1 Accessory Structure, Residential (Non-Accessory Dwelling Unit)
A. Accessory structures are ancillary to the use of a principal structure and, for purposes
of this Ordinance, are not an accessory dwelling unit (ADU), nor shall be converted to
an ADU. Standards for ADUs are provided separately in this Ordinance.
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B. Accessory structures shall be permitted for use on a lot, upon which a principal
structure has an active building permit to be constructed or already exists. If a building
permit is active for a principal structure and the accessory structure is placed or
constructed on a lot prior to construction of the principal structure, construction of
the principal structure shall commence or be constructed on a lot within twelve (12)
months of placement of a permitted accessory structure on the same lot. No
accessory structure shall be converted to a principal structure unless all permits are
properly attained and no property shall include more than one (1) principal structure.
Failure to adhere to these provisions shall result in removal of the accessory structure
from said lot at the sole expense of the property owner.
C. Unless otherwise specified in this Ordinance, accessory structures shall have a 5-ft.
setback from rear or side yard lot lines. Where physically feasible and screened from
view from adjacent properties or rights-of-way, accessory structures may be placed
in the front yard at least 25-ft. from the front property line, or for lots located on NC
and US highways, at least 40-ft. from the front property line.
D. This Ordinance applies to new placement or construction of accessory structures. This
Ordinance does not apply to any barns, hay sheds, well houses, or similar structures
that existed prior to the adoption of this Ordinance.
E. A maximum of two (2) unoccupied accessory structures per acre shall be permitted,
not to exceed five (5) accessory structures per lot in total.
F. Temporary structures, recreational vehicles, storage containers, buses, vans, work
vehicles, vessels/boats, houseboats, sheds, or trailers shall not be converted to or
used as a principal structure.
G. Storage of temporary accessory structures on a residential lot shall be permitted,
provided that they are registered to the property owner of the same lot and a principal
residential use already exists on that lot. If warranting use of a license tag for the
temporary accessory structure, a valid and current registered license tag shall be
visibly placed on the temporary accessory structure.
4.6.2.2 Dwelling, Accessory (Accessory Dwelling Unit)
An accessory dwelling unit (ADU) may be located on the same lot with an existing
permitted principal dwelling unit (residential use), subject to the following standards:
A. The ADUs shall be fully permitted, not exceed fifty (50%) percent of the total area of
the principal dwelling, and the building height is no greater than the height of the
principal dwelling unit.
B. ADUs shall be built to North Carolina Building Standards in all districts, except as set
forth for temporary hardship or emergency manufactured homes, as set forth in this
Ordinance.
C. An ADU may include the following:
1. One (1) separate meter for each utility (water, sewer, electric, gas, etc.) from the
principal dwelling unit.
2. One (1) kitchenette with a stove, oven, sink, refrigerator and microwave.
3. Addressing for the ADU shall be the same as the principal dwelling unit for E-911
emergency response purposes.
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4. A separate walkway and/or canopy that meets prevailing Building Code wind-load
standards.
5. A driveway extension to accommodate the width of one (1) additional vehicle or
ten (10) feet wide, whichever is greater and located towards the side yard of the
driveway. No separate driveway connections, driveways, or aprons shall be
permitted from the principal dwelling unit.
D. Use of one (1) camper/recreational vehicle (RV) shall be permitted as an accessory
dwelling on an improved lot that has an existing principal residential dwelling for a
period of up to ninety (90) consecutive calendar days, subject to the following:
1. A tract of land owned by a single property owner may not be subdivided into
multiple lots for the purpose of evading this Ordinance.
2. The temporary accessory use of a camper/RV shall not become a principal
dwelling second home, per the Federal Internal Revenue Service (IRS) definition.
3. The camper/RV shall not obtain a temporary power (t-pole) permit and shall not
have a t-pole on a separate meter from the principal dwelling.
4. The occupied camper/RV is one (1) of the unoccupied campers/RVs that are
permitted to be stored on the lot.
4.6.2.3 Dwelling, Accessory (Temporary Construction Camper, Recreational Vehicle, or
Manufactured Home)
ADUs in the form of a temporary construction camper, recreational vehicle, or
manufactured home for temporary construction housing, shall be permitted on a lot only
during the construction, installation, renovation, or repair period of a permanent
residential dwelling unit on the same lot, provided that the following requirements are
met:
A. A Zoning Permit and building permit has already been issued for construction of the
permanent residential dwelling unit and that building permit is considered open and
active (e.g., not incomplete or closed) by the Inspections Department.
B. The construction of the permanent residential dwelling unit is started within six (6)
months from the issuance date of the building permit and is completed within twenty
(24) months from the issuance date of the building permit.
C. The ADU is well-maintained, registered, and operational.
D. The ADU is removed within thirty (30) calendar days following issuance of the
Certificate of Occupancy of the permanent residential dwelling unit.
E. Should any of the terms, conditions or restrictions imposed on the Zoning Permit be
violated, the Administrator shall rescind and revoke the Zoning Permits after notifying
by letter all parties concerned and granting them full opportunity of a hearing. When
a Zoning Permit is revoked, the camper or recreational vehicle for which it was issued
must be removed from the property within thirty (30) calendar days after final
revocation.
F. Accessory dwellings shall not be used for storage, utility buildings, or shops.
4.6.2.4 Dwelling, Family Care Home
Subject to NCGS § 160D-906, the following standards shall apply to Family Care Homes:
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A. A family care home is a home with support and supervisory personnel that provides
room and board, personal care, and habilitation services in a family environment for
not more than six (6) resident persons with disabilities.
B. For the purposes of family care homes, a person with a disability has a temporary or
permanent physical, emotional, or mental disability, including, but not limited to, an
intellectual or other developmental disability, cerebral palsy, epilepsy, autism,
hearing and sight impairments, emotional disturbances, and orthopedic impairments
but not including persons with a mental illness who are dangerous to others as
defined in NCGS § 122C-3(11)b.
C. A family care home is deemed a residential use of property for zoning purposes and
is a permissible use in all districts in which single-family dwellings are permitted. The
residential character of the neighborhood shall not be altered by the location of the
family care home within the neighborhood.
D. A family care home must be licensed with the NC Department of Health & Human
Services Division of Facility Services before operating.
E. No family care home may be located within a one-half (1/2) mile radius of another
family care home.
F. No exterior signage is permitted.
G. Only incidental and occasional medical care may be provided.
H. No on-street parking or alteration of the residential driveway shall be permitted.
4.6.2.5 Home Occupation
A home occupation is a use of a home as an office with similar subordinate activities that
is carried on inside of a dwelling unit or accessory structure in accordance with the
following:
A. The use is incidental to the residential property and shall not generate significantly
greater volumes of traffic than would be expected in that residential neighborhood.
B. The use does not alter the residential character or character in general in that
neighborhood.
C. No more than one (1) person, other than residents of the dwelling, is to be engaged
in the home occupation.
D. No more than twenty-five (25%) percent of the total heated floor area of the principal
dwelling shall be used for the home occupation, as provided by the home occupation
Applicant on a graphic of the principal dwelling.
E. The total area of an accessory structure may be used for the home occupation if:
1. Located to the side or the rear of the principal dwelling.
2. The total floor area of the accessory structure does not exceed fifty (50%) percent
of the total area of the principal dwelling and may be verified.
3. An attached garage shall not be converted to an office for a home occupation.
F. The exterior of any structure (principal or accessory) shall not be built or altered in
any manner nor shall the occupation be conducted in such a way as to cause the
premises to substantially differ from the residential character in exterior appearance.
G. The outside storage or exterior display of merchandise, products or materials, is
prohibited.
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H. Required parking for a home occupation shall be met off the street and not in a
required front or side yard setback. Parking in the right-of-way shall not be permitted.
I. Home occupations may have one (1) building-mounted sign, not to exceed four (4) SF
and two (2) feet in height.
J. All residential properties served by a well and/or sewage disposal system must have
said systems evaluated and improved (when applicable), in accordance with NCGS and
local regulations.
K. The use shall not emit any noxious or offending noise, dust, vibration, odor, smoke,
fumes, glare, electrical interference, interference to radio or television reception
beyond what normally occurs in the applicable zoning district, and shall not present a
fire hazard.
L. The on-premise retail sale and delivery of goods that are not produced on the
premises is prohibited, except in the case of the delivery and sale of goods incidental
to the provision of a service.
M. Should home occupation operations cease for a period of six (6) months within a
home through business or licensure activity, listing another address as a new primary
location for this home occupation, interruption of utilities, or a change of use, the
home occupation shall be null and void and reapplication is required to reestablish
the home occupation at the original location.
4.6.2.6 Manufactured Home
A. A manufactured home shall be a Permitted Use, provided that:
1. All Class A and B manufactured homes shall meet HUD standards in effect June 15,
1976.
2. The manufactured home is listed and assessed as real property.
3. All roof structures shall provide an eaves projection of no less than six (6) inches,
which may include a gutter.
4. The exterior siding consists predominantly of vinyl or aluminum horizontal lap
siding (whose reflectivity does not exceed that of gloss white paint), wood, or
hardboard, comparable in composition, appearance and durability to the exterior
siding commonly used in standard residential construction.
5. The manufactured home is set up in accordance with the standards set by the NC
Department of Insurance and a continuous, permanent masonry foundation or
masonry curtain wall, unpierced except for required ventilation and access, is
installed under the perimeter of the manufactured home.
6. Stairs, porches, entrance platforms, ramps and other means of entrance and exit
to and from the home shall be installed or constructed in accordance with
standards set by the North Carolina State Building Code, Volume VII - Residential.
7. Any towing apparatus, moving hitch, wheels, axles, and transporting lights are
removed to make it non-mobile.
B. A manufactured home shall be used only for residential purposes and may not be used
for storage, utility buildings, or shops.
C. All standards of this Ordinance must be met before a Certificate of Occupancy is issued
by the Person County Inspection Department.
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4.6.2.7 Manufactured Home Parks
Manufactured home parks shall use the following standards for development of new
parks or alteration or expansion of existing parks.
4.6.2.7.1 Purpose
The purpose of this Ordinance is:
A. To regulate and guide the continuation of manufactured home parks in order to
promote the public health, safety, and general welfare of the citizens of Person
County.
B. To further the orderly layout of manufactured home parks in a manner that is
consistent with the prevailing Comprehensive Plan.
C. To provide compatibility with adjacent property through buffering and screening.
D. To secure safety from fire, panic, and other dangers.
E. To provide for adequate light and air.
F. To ensure that facilities for transportation, parking, water, sewage, and recreation
are provided for manufactured home park residents.
G. To guide public and private policy and action in order to provide adequate and
efficient transportation, water, sewage, schools, parks, playgrounds, recreation
and other public requirements and facilities.
4.6.2.7.2Applicability
A. Manufactured home parks within Person County shall only be created, altered, or
expanded in accordance with this Ordinance.
B. Manufactured home parks shall not be permitted on Bona Fide Farms.
C. Class A or Class B manufactured homes shall be permitted within manufactured
home parks for new or replacement manufactured homes. Existing Class C and
Class D manufactured homes within manufactured home parks shall be
grandfathered in until that manufactured home is deemed uninhabitable,
condemned, and/or removed.
4.6.2.7.3Procedures
A. No manufactured home park shall be created, altered, or expanded within Person
County until a Zoning Permit has been issued by the Person County Planning &
Zoning Department.
B. The Applicant shall submit a Site Plan that meets the requirements of this
Ordinance and includes, at a minimum, the following information:
1. Title information.
2. Location map.
3. Recreation areas.
4. Bufferyards and screening areas.
5. Park management office.
6. Street and lot design.
7. Surface water drainage.
8. Street lighting system.
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9. Other features of the park.
10. Source of water and water distribution system.
11. Sanitary sewage system.
12. Adequate lot size, per Table 4-2, if septic tanks are to be used.
13. Adequate facilities for solid waste storage, collection, and disposal.
14. Each well located so as to provide a minimum pollution free radius of 100-ft.
4.6.2.7.4Development Standards
A. Manufactured homes within a manufactured home park shall meet HUD
standards in effect as of June 15, 1976.
B. Transfer of title of a manufactured home space or spaces by sale or any other
manner shall be permitted to the manufactured home park owner and
manufactured homes in fee simple, within active manufactured home parks. all
manufactured homes shall be removed from the site, upon manufactured home
park closure.
C. Manufactured home park entryway monumentation signs shall not exceed 32 SF
in sign area and shall only include back or front lighting direct, non-flashing
lighting. No animated, neon, or temporary signs shall be used for signage. Internal
directional signs shall adhere to North Carolina Department of Transportation
standards.
D. The developer of the proposed manufactured home park shall provide and the
owner of the proposed park shall install and maintain a 50-ft. wide buffer strip
with screening adjacent to all property lines, which is not adjacent to a public or
private road. The buffer shall contain planted evergreen trees or shrubbery with
a maturity height of at least five (5) feet or a solid fence or wall at least five (5)
feet in height. This strip shall be depicted on the manufactured home park Site
Plan with the following note: "This strip is reserved for the planting of trees and
shrubs by the owner, the location of structures hereon is prohibited.”
E. Within each manufactured home park, one (1) manufactured home space for each
whole multiple of 50 spaces shall be used as a location for an administrative office.
For example: 1 -99 manufactured home park spaces=1 administrative space, 100-
149 manufactured home park spaces=2 administrative spaces, 150-199
manufactured home park spaces=3 administrative spaces, et. al.
F. Convenience establishments of a commercial nature shall be limited to food stores
and/or coin operated laundries. These may be permitted in manufactured home
parks subject to the following restrictions:
1. Such establishments shall be subordinate to the residential use and character
of the park.
2. Such establishments shall present no visible evidence of their commercial
character from any portion of any residential district outside the park.
3. Such establishments shall be designed to serve the trade and service needs
of the park residents only and have the utility capacity to serve them.
G. An accessible, adequate, safe, and potable supply of water shall be provided in
each manufactured home park. Where a municipal water supply is available,
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connection shall be made thereto and its supply used exclusively. When a
municipal water supply is not available, a privately-maintained public or private
water supply may be developed, and its supply used exclusively in accordance with
the standards of the North Carolina Department of Environmental Quality
(NCDEQ).
H. Adequate and safe sewage disposal facilities shall be provided in all manufactured
home parks. Collection systems and sewage treatment plants complying with the
requirements of NCDEQ should be provided. Plans for sewage collection systems
and treatment facilities shall be submitted to NCDEQ. Individual septic tank
systems may be considered, if soil, topography, and ground water conditions are
favorable.
I. Each manufactured home space shall be provided with at least a four (4)-inch
diameter sewer riser pipe where collection systems are provided. The sewer riser
pipe shall be so located on each space that the sewer connection to the
manufactured home drain outlet will approximate a vertical position.
J. A two-ft. by two-ft. (2' x 2') concrete apron with a minimum depth of six (6) inches
shall be installed around all sewer connection riser pipes for support and
protection. The sewer connection shall be located under the manufactured home
and at a distance of at least 100-ft. from the water supply.
K. The sewer connection shall have a nominal inside diameter of at least four inches,
and the slope of any portion thereof shall be at least one-fourth (1/4) inch per
foot, The sewer connection shall consist of one pipe line only without any branch
fittings. All joints shall be water-tight including connection from manufactured
home to sewer riser pipe.
L. All material used for sewer connections shall be semi-rigid, corrosion resistant,
non-absorbent, and durable. The inner surface shall be smooth.
M. Storage areas shall be so maintained as to prevent rodent harborage, lumber,
pipe, and other building material shall be stored at least one (1) foot above the
ground.
N. All exterior openings in or beneath any structure shall be appropriately skirted
with suitable materials and that skirt maintained with no gaps.
O. The growth of brush, weeds and grass shall be controlled to prevent harborage of
ticks, chiggers, and other noxious insects, manufactured home parks shall be so
maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison
sumac, and other noxious weeds considered detrimental to health. Open area s
shall be maintained free of heavy undergrowth with a height in excess of 24
inches.
P. All streets within the manufactured home park shall be paved and shall be
adequately illuminated from sunset to sunrise. Street light shall be spaced at
intervals of not more than 500-ft.
Q. Each manufactured home park shall provide 400 SF of recreation area for each
manufactured home space that is 20,000 SF or less in area within the park.
Bufferyards shall remain undisturbed and not be used to satisfy recreation space
area requirements.
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R. Every manufactured home park owner or operator shall maintain an accurate
register containing a record of all owners of manufactured homes in the park. In
the event of a renter-occupied manufactured home, at least one occupant from
each manufactured home shall be identified in the register along with the name(s)
of the owner(s). The register shall be available for inspection at all times by
authorized County representatives. The register shall contain the following
information:
1. Name of owner and occupant.
2. Manufactured home space number.
3. Make, model and registration.
4. Date when occupancy within the manufactured home park begins and date
when occupancy within the manufactured home park ceases.
4.6.2.7.5Road Standards
A. The design standards for streets within manufactured home parks shall comply
with either the minimum construction standards for secondary roads as required
by the North Carolina Division of Highways or with minimum construction
standards of private subdivision roads and shall be paved.
B. The State of North Carolina will not add any proposed roads within a
manufactured home park to the secondary road system, consequently, the
developer shall construct all roads within the manufactured home park serving
less than 50 spaces in accordance with this Ordinance’s Minimum Construction
and Design Standards for Private Roads. However, if 50 or more spaces are
proposed, all roads located within the park shall be paved in accordance with a
North Carolina Department of Transportation publication entitled "Subdivision
Roads, Minimum Construction Standards", latest edition. Roads shall meet the
standards NC Fire Code, Appendix D for access. Roads shall be reviewed by the
Person County Fire Marshal for compliance with the Fire Code.
C. All roads and driveways within a manufactured home park shall be maintained by
the park owner or responsible agency.
D. Cul-de-sacs and dead-end roads shall serve no more than 25 lots.
E. Street names and addresses for all manufactured home parks shall be subject to
the approval of Person County E-911 Addressing. New street names shall not
duplicate or be similar to existing street names and existing street names shall be
projected whenever possible.
F. Drainage pipes shall be installed under driveways which cross a drainage ditch and
these pipes shall have a minimum inside dimension of 15 inches. This requirement
may be reduced when valley gutter system and rip-rap is approved.
G. Driveways shall be constructed so that drainage water and sedimentation will not
run into the road or highway.
H. A minimum of two (2) automobile parking spaces shall be provided within each
manufactured home space and shall not be located within any public right-of-way
or within any street in the park.
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4.6.2.7.6Manufactured Home Parking Spaces
A. All manufactured homes shall be located on individual spaces and each space shall
be clearly numbered so as to be seen from the access street.
B. Each manufactured home space shall be clearly defined by means of concrete or
metal pipe markers placed at all corners.
C. No manufactured home space shall encroach any street right-of-way.
D. Each manufactured home shall be located at least 20-ft. from any permanent
building within the manufactured home park.
E. No designated open space/recreation area shall be converted to a manufactured
home park space.
F. Manufactured homes used for dwellings within Person County and parked within
a manufactured home park as defined by this Ordinance shall adhere to the
following standards:
TABLE 4-2: MANUFACTURED HOME PARKING SPACE REQUIREMENTS
Criteria W/O Public or Private
Water & Sewer
With Public or
Private Water
With Public or
Private Sewer
With Public or
Private Water
& Sewer
Minimum space size 40,000 SF 20,000 SF 15,000 SF 10,000 SF
Minimum frontage 100-ft. 100-ft. 75-ft. 60-ft.
Front Setback 60-ft.* 50-ft.* 35-ft.* 25-ft.*
Side Setback 15-ft. 15-ft. 10-ft. 10 -ft.
Corner Side Setback 40-ft. 40-ft. 35-ft. 35-ft.
Rear Setback 25-ft. 25-ft. 15-ft. 10-ft.
Rear Setback on double
frontage space
50-ft.* 50-ft.* 35-ft.* 35-ft.*
*Unless recommended otherwise by the Department of Environmental Health
4.6.2.7.7Inspections
A. The Administrator, Department of Environmental Health, the Person County
Building Inspector, and/or the Code Enforcement Officer are hereby authorized
and directed to make such inspections as are necessary to determine satisfactory
compliance with this Ordinance. It shall be the duty of the owners or occupants of
manufactured home parks to give these agencies free access to such premises at
reasonable times for inspection.
B. The person to whom an operating permit for a manufactured home park is issued
shall operate the park in compliance with this Ordinance and shall provide
adequate supervision to maintain the park, its facilities and equipment in good
repair and in a clean and sanitary condition.
C. The owner of a Manufactured home park which is in violation of any provision of
this Ordinance shall be notified in accordance with the enforcement processes in
this Ordinance.
D. The park owner or operator shall notify park occupants of all applicable provisions
of this and inform them of their duties and responsibilities under this .
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4.6.2.8 Residential Development Model Homes or Sales Office (Temporary Use)
Structures located within a Major Subdivision that are used as model homes or sales
offices for that development shall be permitted for a period of one (1) year and are
renewable for one (1) additional year, provided the development is actively being
constructed and marketed. Upon completion of the development, any temporary
structures and sales traps shall be removed within thirty (30) calendar days.
4.6.3 Civic, Government, & Institutional Uses
4.6.3.1 Accessory Structure with Civic, Government, or Institutional Principal Use
A. Unless otherwise specified in this Ordinance, accessory structures shall be setback a
minimum of five (5) feet from the side and rear lot lines.
B. Accessory structures for civic, government, or institutional uses shall only be located
in the side or rear yard and not be located within a front yard.
C. Accessory structures shall be allowed on a lot upon which a civic, government, or
institutional principal use exists.
D. Manufactured homes, modular offices, vehicles, trailers, and storage containers shall
not be used as accessory structures.
4.6.3.2 School Mobile Unit, Temporary (Portable)
Temporary school mobile units (e.g., portables) shall be permitted accessory to a
permitted primary or secondary school for up to five (5) years. Provided the unit is
structurally safe, the unit use shall be renewable for up to an additional five (5) years.
4.6.4 Recreation, Entertainment, & Temporary Workforce Housing Uses/Campground/RV
Park
4.6.4.1 Accessory Structure with Recreation & Entertainment & Temporary Workforce
Housing as a Principal Use
A. Unless otherwise specified in this Ordinance, accessory structures shall be setback a
minimum of five (5) feet from the side and rear lot lines.
B. Accessory structures shall only be located within the side or rear yard and not be
located within a front yard.
C. Accessory structures shall be allowed on a lot, upon which a principal use exists.
D. Only recreational vehicles shall be permitted as dwelling units.
4.6.4.2 Campground/Recreational Vehicle (RV) Park/Temporary Workforce
Housing/Short-Term Rental Units
A. Prior to building permit issuance, campgrounds, RV parks, and temporary workforce
housing Applicants shall obtain a Zoning Permit. Developments existing prior to the
date of the adoption of this Ordinance shall be considered vested uses and not be
subject to these provisions. Campgrounds, RV parks, and temporary workforce
housing shall not be altered, expanded, franchised, or transferred in ownership from
the name(s) listed on the Zoning Permit.
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B. Campground, RV parks, and temporary workforce housing sites shall only be used by
travel trailers, pickups, coaches, motor homes, camping trailers, other vehicular
accommodations, and tents suitable for temporary habitation and used for travel,
vacation, recreation purposes, and temporary workforce housing. A manager’s office
shall be permitted as a site-built structure. However, no cabins shall be permitted.
C. This Ordinance shall reference and adhere to the definitions and terms listed within
this , as well as the definitions listed in NCGS § 20-4.01, § 66-232, and § 105-187.1.
D. Applicants for this use shall also submit a Site Plan, drawn to scale by a registered
North Carolina professional engineer, land surveyor, or architect to include the
following:
1. Name of the Applicant, property owner/tax assessment entity, vicinity map, north
arrow, scale, date of plan preparation, and subsequent revision dates.
2. The boundary of the lot to be developed with dimensions and land areas with a
minimum lot size of 10-acres and a maximum lot size not to exceed 50-acres.
3. A minimum separation distance of 500-ft. measured in a straight line between the
nearest property lines of each campground/RV park site.
4. Topography of the park site at contour intervals of no greater than ten (10) feet,
location of natural features, environmental areas of concern, and the 100-year
floodplain. No habitable structures shall be placed within the 100-year floodplain.
5. The number, location, design, and layout of all campsites, with a prototypical pad
inset at a maximum density no greater than 2,500 SF, a minimum dimension of
25-ft. x 100-ft. that includes one (1) 9-ft. x 18-ft. parking space, stabilized for
maximum vehicle weights, and utility (water/electrical/sewer) connections. Picnic
tables, benches, grills, and fire rings are optional.
6. General note on the Site Plan that a cease of use of the campground, RV park, and
temporary workforce housing shall result in the removal of all facility elements
and a return to vacant land within thirty (30) calendar days of park site closure.
7. All easements and dimensions, access management, internal driveways, turning
radii, off-site access improvements, proposed points of ingress and egress, and
the proposed pattern of internal circulation shall be constructed to the private
road standards and shall include:
a. Turning radii for oversized vehicles to accommodate a wheel-base (WB)
chassis of WB-45 or greater.
b. Internal circulation on a 24-ft. wide stabilized driveway with base and sub-base
paved area for two-directional traffic, or a 12-ft. wide paved area for one-
directional traffic.
c. No direct access from a campsite to a public right-of-way.
d. Fire safety/Emergency Medical Services stabilized access designed to safety-
vehicle tonnage, per Person County Fire Marshal approval.
e. Off-site turning lanes, deceleration lanes, and/or signalization.
f. Right-of-way dimensions and turning radii where primary access is provided to
the park site and a note that an NCDOT Driveway Permit shall be obtained,
prior to issuance of a Certificate of Occupancy.
g. Access limitations to ensure that there is no primary access through residential
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neighborhoods, unless traffic-calming and public safety mitigation measures
are provided.
8. Where a manager’s office and/or community amenities are provided, a paved
parking lot with asphalt or concrete surface, striped with 9-ft. x 18-ft. parking
spaces for park management Staff and guests. The parking ratio provided shall be
one (1) space per ten (10) campsites, including a minimum of one (1) disabled-
person parking space per ten (10) parking spaces. ADA-compliant disabled-person
spaces shall include a dimension of 10-ft. x 20-ft. accommodating an access aisle
and ADA-compliant pavement markings and signage.
9. Proposed utility provisions and solid waste disposal systems, evaluation, and
design by a licensed professional, meeting NCGS § 130A, Person County
Department of Health approval, National Fire Protection Association (NFPA)
standards, design daily flows and adjustments, large-capacity septic systems,
wastewater strength, tank capacity, dispersal fields, utility provision for
bathhouses, operations and maintenance plans, minimum separation distances
between community well and septic systems, and dump station locations. No
individual campsite shall have an individual on-site septic system. Each
recreational vehicle must be equipped with a holding tank and each
park/campground must have an approved dumping station or pump-out facilities
on the premises.
10. Compliance with all federal, state and other local regulations.
11. A minimum vegetated and well-maintained 50-ft. wide bufferyard shall be
provided at all adjacent property lines.
12. The location of accessory structures, such as maintenance buildings, storage
buildings, park management office, bathhouses, bathrooms, community
mailboxes, master utility meters, parks, sidewalks, trails, fenced pet areas,
canopies, pools, or other community amenities.
13. An operational phone for public use centrally located within the site.
14. A photometric plan using LED lighting with directional downward light fixtures and
light posts at a maximum height of 15-ft.
15. Directional signage for vehicular traffic and a community sign listing the following:
a. Designated park quiet hours in compliance with the Person County Noise
Ordinance.
b. Pets placed on leashes at all times, unless within a camper or RV or a fenced
pet area.
c. Pet owners responsible for pet waste cleanup and disposal.
d. No dishes or dish washing in bathhouses or bathrooms.
e. No conversion of RV slip locations and temporary housing to site-built dwelling
units or permanent housing.
f. No use or storage of portable toilets or container boxes.
E. In the event of non-compliance with this Ordinance, Person County ordinances, or
North Carolina laws, code enforcement action shall be used to ensure compliance
with local laws, North Carolina State Building Code, NCGS Article 11, Building Code
Enforcement, or NCGS § 143-139. Violations of this Ordinance shall be notified in
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writing through certified-mail with reference to this Ordinance as to the cause of the
violation. Appeals of the violation shall be made in writing to the Administrator within
ten (10) calendar days of notification receipt and their decision shall be final.
Violations shall be provided to the appropriate agency for enforcement.
F. Occupation of the site by any one (1) form of temporary structure shall not exceed
180 calendar days within a calendar year. Each campground, RV park, and temporary
workforce housing site shall be required to maintain a registry or logbook identifying,
at a minimum, the recreation vehicle license plate number and Vehicle Identification
Number (VIN) for recreation vehicle sites and/or names of occupants in campground
sites. This information shall be made available for verification purposes to Person
County Staff, upon request. Existing campgrounds will also be required to comply with
the logbook requirement, upon adoption of this Ordinance.
G. Lodging (Short-Term Rental Units)
1. Short-term rental units, for purposes of this Ordinance, include tourist homes,
short-term rental homes, whole-house rentals, bed & breakfasts, homestays, or
other short-term rentals without an on-site manager and are subject to the
provisions set forth in NCGS § 42A governing their use.
2. Short-term rental units, similar to all uses in this Ordinance, shall have an active
Zoning Permit, prior to lease, rent, use, or occupancy of the unit. Any short-term
rental unit not operating in compliance with this Ordinance, shall cease operation
until a Zoning Permit is obtained. Short-term rental units receiving greater than
two (2) notices for operation prior to receipt of a Zoning Permit shall not be able
to operate, shall have their Zoning Permit revoked, and may not apply for a new
Zoning Permit for a minimum of one (1) year (e.g., 365 days) from the second
notification date.
3. All properties shall prominently display within the inside entryway of a home, the
name(s) of a local contact person who is responsible to maintain, operate, and
respond to guests concerning the property within two (2) hours of contact. The
property owner is responsible to keep this contact information current for public
safety purposes. Emergency and non-emergency matters arising at the exterior of
the home are encouraged to contact the applicable local public safety offices.
4. Short-term rental unit off-street parking shall utilize the existing driveway
provided at the home and shall not utilize areas that are not designed for parking
on the lot (e.g., lawns, adjoining streets, sidewalks, or community common areas).
No on-street parking (e.g., parking in rights-of-way) shall be permitted. The
driveway may be expanded between the driveway and the side lot line, provided
that stormwater management and building setback regulations are followed and
the appropriate permits are obtained prior to work performed.
5. Short-term rental units shall have one (1) electrical meter that serves the rental
unit and kitchen. Subdivision of the rental unit into multiple rental units and
kitchenettes shall be prohibited. No accessory structures shall be used for rental
units.
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6. Short-term rental units shall adhere to the Person County Noise Ordinance, as
enforced by the Person County Sheriff’s Office (Sheriff’s Office). Violation of the
County Noise Ordinance may result in revocation of a Zoning Permit.
7. Waterfront short-term rental units or units within master planned residential
developments with water access shall not add boat docks nor shall alter the
shoreline, littoral zone, or riparian buffers, unless permitted by the applicable lake
management agency of that waterbody.
8. Short-term rental units shall only be used for lodging and no other uses shall be
permitted within the unit nor on the site (e.g., commercial venues, assemblies,
weddings, etc.)
9. Garbage and recycling receptacles shall be provided and emptied at a minimum
of once a week. Garbage and recycling receptacles shall be stored in a screened
area to the side or rear of the house except on collection day. No garbage or
refuse shall be located outside of the garbage receptacle. Bulk waste collection
costs shall be the responsibility of the property owner and removed at a minimum
of once a week.
10. Short-term rental units shall not be occupied that exceed existing utility services
(e.g., mechanical, electrical, or plumbing) for the home, including the septic tank
capacity as permitted by the Department of Environmental Health. It shall be the
responsibility of the property owner to ensure compliance with this requirement.
4.6.4.3 Adult-Oriented Businesses
A. Purpose
1. Adult-oriented businesses, because of their very nature, can have serious adverse
secondary effects on a community. Studies and experiences have shown that
adverse secondary effects such as lower property values and increased crime rates
tend to accompany and are brought about by location of adult-oriented
businesses in a community.
2. The Person County Board of Commissioners has determined that these
regulations are necessary to ensure that the adverse secondary effects of lower
property values, increased crime and damage to public health do not occur in
Person County as the result of adult-oriented businesses in Person County.
3. The Person County Board of Commissioners has determined that the standards
and procedures set forth in these regulations are appropriate to prevent such
adverse secondary effects.
4. This has neither the purpose nor effect of limiting or restricting the content of any
communicative materials, including adult-oriented materials. Similarly, it is
neither the purpose nor effect of this to restrict or deny access by adults to adult-
oriented materials protected by the First Amendment to the United States
Constitution or to deny access by distributors and exhibitors of adult-oriented
entertainment to their intended market.
5. These regulations are the product of balancing the legitimate need of Person
County to be protected from acts, omissions or conditions caused by adverse
secondary effects of adult-oriented businesses with the constitutionally protected
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rights of adults who wish to patronize such businesses and the rights of
distributors and exhibitors of such businesses.
6. The Board of Commissioners has determined that adverse secondary effects of
adult-oriented businesses will be reduced by provisions of this Ordinance which
include, but are not limited to, the following:
a. The identification of employees of an adult-oriented business will facilitate the
identification of potential witnesses or suspects in order to reduce the
incidence of certain types of criminal behavior.
b. The disclosure of certain information by those persons ultimately responsible
for the day-to-day operation and maintenance of the adult-oriented business
will assist government to assure compliance with law and prevent the spread
of adult transmitted diseases.
c. The fact that an Applicant for an adult-oriented business license has been
convicted of an adult related crime leads to the rational assumption that the
Applicant may engage in that conduct in contravention of federal and state
law, and this Ordinance. The barring of such individuals from the management
of an adult-oriented business will assist government to assure compliance with
law and prevent the spread of adult transmitted diseases.
d. Establishing locational criteria to keep adult-oriented businesses away from
sensitive uses, such as residential districts, schools, day care centers, etc.,
reduces the potential for secondary harm to such sensitive uses.
e. Establishing additional lighting requirements for the interior and exterior
portions of an adult-oriented business reduces the potential for illicit sexual
activity or criminal activities occurring on or near the premises of an adult-
oriented business.
f. Establishing a prohibition on employing minors, or allowing minors within the
premises, reduces the potential for exploitation of such minors by an adult-
oriented business.
g. Requiring internal design configuration standards and the location of
managers' stations for an adult-oriented business will allow operators to
observe and police their own patrons, and reduce the potential for illicit sexual
activity and criminal activities at an adult-oriented business.
B. Application for Zoning Permit Approval
1. Every application for an adult-oriented business prescribed herein shall be filed
with the Administrator. An application shall be made under oath and shall contain
the following information:
a. If the Applicant is a person, the name and residence address of such person
including any aliases or other names by which the Applicant is known or which
the Applicant has used at any time, their current residence address(es),
telephone number(s), email address(es), occupation, date and place of birth,
and driver’s license number and/or picture identification. If the Applicant is a
partnership, corporation, association, or other entity the same information is
a requirement for all corporate officers, directors, and any individuals having
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a ten (10%) percent or greater interest in the corporation, partnership,
association, or other entity.
b. The address of the premises where the proposed adult-oriented business is
proposed to be located.
c. A complete statement of all convictions of any person whose name is required
to be given in this Ordinance for any adult related crime, prostitution or any
violation of any law relative to prostitution, or of any crime involving sexual
misconduct as codified in the laws of the United States, this or any other state,
including, but not limited to convictions of violations of any of the offenses
enumerated in NCGS Article 26, 26A and 27 of § 14, or the same offenses as
codified in the laws of the United States, this or of any other state or the laws
of any country, or subdivision thereof, other than the United States.
d. A complete statement of any denial and/or revocation of any license or permit,
including the grounds and reasons theretofore, to operate an adult-oriented
business by any governmental unit listed by name and address of any person
whose name is required to be given for the five (5) years preceding the date
of the filing of this application.
e. A complete statement of any conviction for violation of any statute, law,
ordinance or regulation concerning the operation of an adult-oriented
business by any governmental unit listed by name and address of any person
whose name is required to be given for the five (5) years preceding the date
of the filing of this application.
f. A description of any other business proposed to be operated on the same
premises or on adjoining premises owned or controlled by the Applicant or
any other person or entity, above.
g. All Applicants, and any individual listed, above, shall submit to fingerprinting
by the Sheriff’s Office. The fingerprint cards shall be submitted to the State
Bureau of Investigation (SBI) for processing. Returned fingerprint cards and
any criminal histories shall be kept on file at the Sheriff’s Office.
h. A Site Plan showing the location of the building proposed to contain an adult-
oriented business and a floor plan of such building showing floor layout,
customer area, and uses in accordance with all the requirements of this
Ordinance.
i. A current certificate and straight-line drawing prepared by a Professional Land
Surveyor depicting the property lines and the structure containing the
proposed adult-oriented business and its distance from existing land uses to
include, but not be limited to, established dwellings, residential zoning
districts, other adult-oriented business, religious institution facilities, libraries,
schools, state licensed child day care centers, public playgrounds, public
swimming pools, public parks, and any outdoor recreational use.
j. A statement signed under oath that the Applicant has personal knowledge of
the information contained in the application, that the information contained
therein is true and correct, the Applicant consents to the investigation of
his/her background by agents of Person County for the purpose of verifying
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the information provided, and that the Applicant has read and understands
the provisions of this Ordinance regulating adult-oriented businesses.
C. Review & Approval of Application
1. Except as modified by this Ordinance, the procedure for the review and approval
of the application shall be the same as for a Special Use Permit. The approval
process for Special Use Permits shall be followed.
2. The Administrator shall transmit a copy of the completed application, containing
all the required information outlined in this Ordinance, to the Sheriff’s Office for
an investigative report and to the local Fire Departments to determine compliance
with any law relating to the fire protection. The Administrator shall determine
compliance with all zoning, building regulations, and ordinances.
3. The Sheriff’s Office and local Fire Departments shall, within a reasonable time not
to exceed thirty (30) calendar days, report the results of their examinations to the
Administrator.
4. The Administrator shall prepare a Staff report, which includes the results of the
examinations by the Sheriff’s Office and local Fire Departments and a
recommendation to approve or deny the Special Use Permit application.
5. If the Sheriff’s Office or the local Fire Departments Staff do not respond to the
Administrator within thirty (30) calendar days after receiving the application from
the Administrator, the application shall be deemed to meet the approval of the
non-responding entity.
6. The Board of Commissioners shall deny the application for issuance of the Special
Use Permit, if they determine that:
a. The application contains misstatement of fact.
b. The Applicant, or any person or entity having any legal or beneficial ownership
interest in the application, has been convicted of an adult related crime,
prostitution or a violation of any law relative to prostitution, crime involving
sexual misconduct as codified in the laws of the United States, this or any other
state, including, but not limited to convictions of violations of the offenses
enumerated in NCGS Articles 26, 26A and 27 of § 14, or the same offenses as
codified in the laws of the United States, this or any other state or the laws of
any country, or subdivision thereof, other than the United States.
c. The Applicant does not conform to all requirements of applicable zoning,
building, and fire prevention codes.
d. The Applicant or any person, corporation, partnership, association or other
entity having a legal or beneficial ownership interest in the Applicant has, for
the five (5)-year period preceding the application, had a previously issued
license for engaging in any adult-oriented business suspended or revoked
anywhere.
D. Annual Renewal
1. Upon approval of an application as provided in this Ordinance, and payment by
the Applicant of a fee as provided in the County’s adopted fee schedule, the
Administrator shall issue a Zoning Permit to the Applicant to operate an adult-
oriented business.
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2. The permit required under this Ordinance shall be valid for a period of twelve (12)
months and subject to annual renewal on the anniversary date of the Zoning
Permit issuance.
3. Application for renewal of a permit under this Ordinance shall be made to the
Administrator on a Zoning Permit application at least thirty (30) calendar days
before the expiration date. If application is not made more than thirty (30)
calendar days before the expiration date, the license will expire twelve (12)
months from the date of initial issuance. An application for renewal made less
than thirty (30) calendar days before the expiration date shall thus be regarded as
a new application and shall be subject to all the requirements of this Ordinance
for the initial issuance of a license.
4. Any violation of the permitting provisions in this Article will result in the denial of
the renewal application.
5. A permit issued under this Ordinance shall be for the conduct of a business at a
specific location by the approved Applicant and shall be nontransferable to any
person, partnership, corporation, association, business location, or other entity.
6. Every application for an adult-oriented business permit, whether for a new permit
or for renewal of an existing permit, shall be accompanied by a nonrefundable
application and investigation fee as established in the County’s adopted fee
schedule.
7. Every person, corporation, partnership, or association permitted under this
Ordinance shall display such permit in a prominent place in full view of customers
of the business conducted therein.
8. No employee or contract personnel of the Applicant shall perform duties on the
premises prior to submission to the Administrator of the same information
required of Applicants and a determination in writing by the Administrator that
such information, if submitted by an Applicant, would not cause a permit to be
denied.
E. Denial, Revocation, & Refusal to Renew Permit
1. The Board of Commissioners may deny, revoke or refuse to renew a permit
granted under this Ordinance if it fails to meet the requirements of this Ordinance.
2. Before the Board of Commissioners denies, revokes or refuses to renew a license
applied for or issued pursuant to this Ordinance, the Board of Commissioners shall
cause a written notice to be sent by certified-mail to the Applicant affected, at the
address stated in the permit application. The notice shall advise the affected party
of its rights to appear before the Board of Commissioners, with or without legal
counsel, at a stated time and place to hear all evidence submitted, examine or
cross-examine any person providing such evidence and to present any evidence
relevant to such denial, revocation or refusal to renew a license under this
Ordinance.
3. A permit issued pursuant to this Ordinance shall be revoked by action of the Board
of Commissioners if the Board of Commissioners determines that:
a. The business or Applicant has violated any provision of this Ordinance.
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b. Subsequent to the date of the Application required by this Ordinance, the
licensee, or the legal or beneficial owner of any interest in the Applicant is
convicted of any felony, prostitution or any violation of any law relative to
prostitution, crime involving sexual misconduct, as codified in the laws of the
United States, this or any other state, including, but not limited to convictions
of violations of any of the offenses enumerated in NCGS Articles 26, 26A and
27 of § 14, or the same offenses as codified in the laws of any other state.
c. Subsequent to the date of submission of the information required this
Ordinance, any employee or contract personnel of the Applicant is convicted
of any felony, prostitution or any violation of any law relative to prostitution,
crime involving sexual misconduct, or any offense against public morality and
decency as codified in the laws of the United States, this or any other state,
including, but not limited to convictions of violations of any of the offenses
enumerated in NCGS Articles 26, 26A and 27 of § 14, or the same offenses as
codified in the laws of any other state, which arises out of, or in the course of
the business of the licensee.
d. The Applicant has knowingly, willingly, or intentionally allowed possession,
consumption, or sale of alcohol, alcoholic beverages, or controlled substances
on the premises.
e. The Applicant has knowingly, willingly, or intentionally operated an adult-
oriented business during a period of time when the permit was suspended for
any reason.
f. The Applicant has knowingly, willingly, or intentionally allowed prostitution on
the premises.
g. The Applicant has knowingly, willingly, or intentionally violated state ABC laws
on the premises.
h. When a permit is revoked pursuant to this Ordinance, the revocation shall
continue for one (1) year and the Applicant shall not be issued an adult-
oriented business permit for one (1) year from the date the revocation became
effective. However, subsequent to revocation, the Board of Commissioners
may grant to the Applicant a permit, if it finds that the basis for the revocation
has been corrected or abated and at least ninety (90) calendar days have
elapsed since the date the revocation became effective. Such permit shall
expire on the date of expiration of the previously revoked license.
4. After denial of an application, or denial of a renewal of an application or
revocation of any permit, and all administrative measures have been exhausted,
the Applicant may seek immediate judicial review of such action in any court of
competent jurisdiction.
F. Location
1. No adult-oriented businesses may be located in a building that sells or serves
alcohol or alcoholic beverages or allows alcohol or alcoholic beverages to be
consumed on the premises.
2. The use shall conform to all applicable law including the rules and regulations of
Person County and the State of North Carolina.
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3. No adult-oriented businesses shall be permitted in any building which is:
a. Located within 400-ft. in any direction from a building used for a residential
dwelling or from the nearest Residential zoning district line.
b. Located within 200-ft. in any direction from a building that includes another
adult-oriented business.
c. Located within 1,000-ft. in any direction from a building in which a religious
institution, library, school, state licensed child day care center, public
playground, public swimming pool, or public park is located.
d. Measurement shall be made in a straight line, without regard to the
intervening structures or objects, from the nearest portion of the building or
structure used as the part of the premises where an adult-oriented business is
conducted to the nearest portion of a building or structure of a use listed
above.
G. Signs
Signs for adult-oriented business are allowed, as permitted by ordinance in Person
County but may not include promotional displays, flashing lights, photographs,
silhouettes, drawings, or pictorial representations of any manner depicting sexual
activity, themes, or nudity. Public notice signs for human trafficking awareness shall
be prominently posted inside the establishment.
H. List of Employees
In addition to the above requirements, every adult-oriented business shall maintain a
current list of all employees employed by the licensee showing: the legal name,
current stage name, current address, current phone number, date of birth, and
current driver's license number. In addition, the Applicant shall maintain a record,
updated no less frequently than every six (6) months, showing the name, height,
weight, hair and eye color, scars, tattoos and a passport quality photograph of each
employee, such list shall be maintained on the premises of the adult-oriented
business.
I. Inspection
1. The records required by this Ordinance shall be kept available and open for
inspection at any time the adult-oriented business is open for business by the
Sheriff’s Office, local Fire Departments, the Department of Environmental Health,
the Administrator or authorized representative of any of the foregoing.
2. An Applicant or licensee shall permit representatives of the Sheriff’s Office, the
local Fire Departments, Department of Environmental Health to inspect the
premises of any adult-oriented business for the purpose of insuring compliance
with the law, at any time it is occupied or open for business. Failure or refusal by
any person to permit a lawful inspection of the premises during regular business
hours may result in the revocation of the privilege license.
J. Hours of Operation
1. No adult-oriented business shall be open for business before 8:00 A.M. or after
2:00 A.M. daily, local time.
2. No business, nor any owner, agent or employee, permitted under this Ordinance
shall admit customers or prospective customers, or remain open for business, or
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allow, permit or condone any customer or patron upon the premises of an adult-
oriented business before 8:00 A.M. or after 2:00 A.M. daily, local time.
K. Minors & Human Trafficking
1. No business, nor any owner, agent, or employee, permitted under this Ordinance
shall allow, permit or condone the patronage of any person under the age of 18
years upon the licensed premises. A violation of this subsection shall be grounds
for revocation of any license issued to such violator pursuant to this Article.
2. No business, corporation, partnership, association, any owner, agent, or
employee, permitted under this Ordinance shall allow, undertake, conspire, or
condone human trafficking or prostitution upon and nearby the licensed premises.
A violation of this subsection shall be grounds for revocation of any license issued
to such violator pursuant to this Article.
3. No business, corporation, partnership, association, or other entity permitted
pursuant to this Ordinance shall employ any person under the age of 18 years. A
violation of this subsection shall be grounds for revocation of any license issued to
such violator pursuant to this Article.
L. Manager’s Station
A person who operates or causes to be operated an adult-oriented business which
exhibits on the premises a film, video cassette, live entertainment, sells adult oriented
merchandise including books, magazines, novelty items, computer software, videos,
or shows other video reproductions which depicts specified sexual activities shall
comply with the following requirements:
1. Upon application for an adult-oriented business license, the application shall be
accompanied by a professionally prepared diagram in the nature of an engineer's
or architect's blueprint of the premises showing a plan thereof specifying the
location of one (1) or more manager's stations and the location of all overhead
lighting fixtures and designating any portion of the premises in which patrons will
not be permitted. A manager's station may not exceed thirty-two (32) SF of floor
area. The diagram shall also designate the place in which the business license will
be conspicuously posted, if granted. The diagram shall be oriented to the north or
to some designated street and drawn to a designated scale or with marked
dimensions sufficient to show the various internal inches.
2. No alteration in the configuration of a manager's station may be made without
prior approval of the Administrator or designee.
3. It is the duty of the owners and operator of the premises to ensure that at least
one (1) employee is on duty and situated in each manager's station at all times
when a patron is inside the premises to ensure that no illegal activity is taking
place within the establishment.
4. The interior of the premises shall be configured in such a manner that there is an
unobstructed view from a manager's station of the entire area of the premises to
which any patron is permitted access for any purpose, excluding restrooms.
Restrooms may not contain video reproduction equipment, books, or any items
offered for sale. If the premises has two (2) or more manager's stations, then the
interior of the premises shall be configured in such a manner that there is an
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unconstructive view of the entire area of the premises to which any patron is
permitted access for any purpose from at least one (1) of the manager's stations,
excluding restrooms. The view required in this subsection shall be by direct line of
sight from the manager's station.
5. It shall be the duty of the owner(s) and operator(s), and it shall be the duty of any
agent(s) and employee(s) present in the premises, to ensure that the view area
remains unobstructed by any doors, walls, merchandise, display racks, or other
materials at all times and to ensure that no patron is permitted access to any area
of the premises that has been designated as off limits to patrons.
M. Lighting
1. Adult-oriented businesses shall be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place to which patrons are permitted access
at an illumination of not less than five (5.0) footcandles as measured at the floor
level. It shall be the duty of the owners and operator, and it shall be the duty of
any agents and employees present in the premises, to ensure that this illumination
is maintained at all times when any patron is present within the premises.
2. Adult motion picture theaters, adult mint motion picture theaters, and adult
theaters shall be equipped with overhead lighting fixtures of sufficient intensity to
illuminate every place to which patrons are permitted access at an illumination of
not less than five (5.0) footcandles as measured at the floor level. The seating area
of the theater, however, shall observe an illumination of not less than half (0.5)
footcandles, as measured at the floor level. It shall be the duty of the owners and
operator, and it shall be the duty of any agents and employees present in the
premises, to ensure that this illumination is maintained at all times when any
patron is present within the premises.
N. Construction & Supervision
1. Adult motion picture theaters and adult theaters shall be in an enclosed building
with a minimum of 25 seats and a maximum of 50 seats. No private viewing rooms
or semiprivate booths are allowed and an adult mini motion picture theater shall
not be constructed to allow more than one (1) person in a viewing room at any
time and the manager of such shall not allow more than one (1) person in a
viewing room at any time.
2. No owner or operator shall allow openings of any kind to exist between viewing
rooms within an adult mini motion picture theater. The owner or operator of an
adult mini motion picture theater shall, during each business day, regularly inspect
the walls between the viewing rooms to determine if any openings or holes exist.
3. The owner or operator of an adult mini motion picture theater shall cause all floor
coverings in viewing rooms to be nonporous, easily cleanable surfaces, with no
rugs or carpeting and shall cause all wall and ceiling surfaces in viewing rooms to
be constructed of, or permanently covered by, nonporous, easily cleanable
material.
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O. Prohibited Conduct on Premises of Adult-Oriented Businesses
1. It shall be a violation of this Ordinance for any person in an adult-oriented business
to appear in a state of full nudity or to depict specified sexual activities.
2. No owner, operator, manager, employee, entertainer or contract personnel, nor
any customer or patron, shall appear bottomless or in a state of full nudity while
on the premises of an adult-oriented business.
3. No owner, operator, manager, employee, entertainer or contract personnel, nor
any customer or patron, shall perform any specified sexual activities as defined in
this Article, wear or use any device or covering exposed to view which stimulates
or simulates any specified anatomical area, use artificial devices or inanimate
objects to perform or depict any of the specified sexual activities, as defined in
this Article, or participate in any act of prostitution while on the premises of an
adult-oriented business.
4. No owner, operator, manager, employee, entertainer or contract personnel, nor
any customer or patron, shall knowingly touch, fondle or caress any specified
anatomical area of another person, knowingly permit another person to touch,
fondle or caress any specified anatomical area of his or hers, whether such
specified anatomical areas are clothed, unclothed, covered or exposed, or sit on
or in or otherwise occupy the lap of anyone while on the premises of an adult-
oriented business.
5. No owner, operator, manager, employee, entertainer or contract personnel shall
knowingly or intentionally appear in a semi-nude condition unless the person,
while semi-nude, is at least ten (10) feet from any patron or customer and on a
stage that is at least two (2) feet from the floor.
6. No employee shall solicit any pay or gratuity from any patron or customer while
said employee is in a state of semi-nudity while on the premises of an adult-
oriented business.
7. No private dance, viewing, projection or meeting areas shall be allowed within an
adult-oriented business.
P. Exterior of Adult-Oriented Businesses
It shall be unlawful for an owner or operator of an adult-oriented business to allow
the merchandise or activities of the establishment to be visible or conducted from any
point outside of the establishment. All activities shall be contained on the premises
and within 1,000-ft. of the principal structure. There shall be no accessory structures,
temporary structures, or itinerant merchants operating on the premises. This
includes no seasonal sales, parking lot events, week-end events, storage containers,
sheds, or temporary dwellings.
4.7.5 Office, Retail, & Service Uses
4.7.5.1 Office, Retail, and Service Uses in the RD Zoning District
Any use listed under the “Office, Retail, & Service Uses” category that is shown as a
Permitted or Special Use in the RD zoning district in Appendix A, Permitted Uses, shall be
located within a 1,000-ft. of an intersection of expressway, boulevard, major
thoroughfare, or minor thoroughfares with another expressway, boulevard, major
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thoroughfare, or minor thoroughfare, as maintained on the Person County Geographic
Information System.
4.7.5.2 Accessory Structure with Office, Retail, or Service Principal Use
A. Unless otherwise specified in this Ordinance, accessory structures may be allowed
within five (5) feet of rear or side yard lot lines, and for front yard lot lines, within
twenty-five (25) feet along local roadways and forty (40) feet along a State of North
Carolina or U.S. Highway.
B. Accessory structures for office, retail, or service uses shall be located in the side or
rear yard and not in the front yard.
C. Accessory structures shall be allowed on a lot upon which an office, retail or service
principal use exists.
D. Manufactured homes, modular offices, vehicles, trailers, and storage containers shall
not be used as accessory structures.
E. Clothing donation bins and ice vending machines are considered accessory structures.
4.7.5.3 Construction Office (Temporary Use)
A. Manufactured or modular office units, construction trailer, and temporary buildings
not for residential purposes are permitted to be used by a contractor for field offices
and storage during the building of structures on the same site or subdivision. A Zoning
Permit shall be obtained for the temporary construction office and will be valid for
the duration of building permit validity.
B. No portion of the temporary use may be located within the public street right-of-way.
C. The temporary use shall not be converted to a permanent use at any time.
4.7.5.4 Itinerant Retail Uses (Temporary Retail Sales/Open-Air Sales)
A.Itinerant retail uses shall present proof in writing from the property owner’s approval
to use a site, prior to permit issuance.
B. Temporary retail sales such as fireworks, seasonal agricultural products, Christmas
trees, food trucks, pop-ups, food vendors, farmer’s markets, and similar sales may
conduct for-profit retail sales on non-Residential zoned lots to preserve the residential
character and function of residential neighborhoods and districts.
C. The temporary retail sales shall be permitted for a period not exceeding ninety (90)
consecutive calendar days and shall not construct, affix, or alter sites for the use
beyond the 90-day period.
D. Temporary signage associated with the temporary retails sales shall be permitted on
the sales site for the period of the sales length (not to exceed 90-days). The temporary
signs shall be removed at the end of each sales period. Temporary signs shall be
limited to 32-square feet and shall not include attention-getting devises, animated
signs, or signs that impede driver’s safety.
E. The temporary use portion of a site shall have adequate parking and access
management, in addition to parking for any permanent use located on the property.
The inclusion of security fencing, port-o-lets, temporary site lighting, or storage bins
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shall not impede parking and traffic internal circulation. No portion of the temporary
use, parking, or signage may be located within the public street right-of-way.
4.7.5.5 Yard Sales/Garage Sales/Estate Sales
A. The temporary outdoor sale of merchandise may be conducted entirely upon a lot
with a permitted principal use or that can adequately accommodate safe parking
completely out of the public right-of-way travel lanes by one (1) or more households
or civic groups to sell merchandise on a temporary basis.
B. A Zoning Permit is not required.
C. Such sales shall not be conducted for more than three (3) consecutive days per sale
event and sales events shall not be consecutive per lot.
D. Temporary directional signs shall be a maximum of four (4) square feet and are
permitted to be placed both on-premise and within rights-of-way within twenty-four
(24) hours prior to and immediately following the final day of the sales event. Such
signs shall not impede driver safety and shall be removed following the final day of
the sales event.
4.7.6 Industrial, Warehousing, Transportation, & Utility Uses
4.7.6.1 Accessory structures with Industrial, Warehousing, Transportation, & Utility
Uses
A. Accessory structures for industrial, warehousing, transportation, or utility uses shall
meet principal structure setbacks for the zoning district in which they are located and
shall not be located within any required bufferyard.
B. Accessory structures shall be allowed on a lot upon which an industrial, warehousing,
transportation, or utility principal use exists.
4.7.6.2 Industrial, Heavy & Light
A. Industrial Categories
1. Industrial, Light – A manufacturing establishment whose primary operations,
including storage of materials, processing, fabrication or assembly of products and
loading and unloading of new materials and finished products at loading docks
and which does not produce or utilize in large quantities of noise, light, odor, dust,
or vibration from the manufacturing process may result in only minor impacts on
adjacent properties. Examples include the following uses and, where not listed,
the Administrator shall use the most applicable NAICS land use code:
x Assembly of premanufactured components including furniture assembly,
cabinet making, millwork, and manufacturing, (NAICS Codes 251 and 337).
x Food manufacturing, excluding animal process (NAICS Codes 311).
x Beverage manufacturing (NAICS Codes 3121).
x Textile and apparel manufacturing (NAICS Codes with 313, 314, and 315).
x Computer, medical equipment, instrument, and telecommunications
component assembly (with non-hazardous materials only) (NAICS Codes 334).
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x Electrical equipment, appliance, and component manufacturing (with non-
hazardous materials only) (NAICS Codes 335).
x Transportation equipment manufacturing (NAICS Codes 3363).
x Sawmills and woodworking (non-creosote) (NAICS Codes 3211).
x Commercial printing and reprographics (NAICS Codes 323).
x Small-scale machine shops (NAICS Codes 332).
2. Industrial, Heavy – A manufacturing establishment whose operations, including
storage of materials, processing, fabrication or assembly of products and loading
and unloading of new materials and finished products may occur either inside an
enclosed building or outside on the premises. Noise, light, odor, dust, vibration,
or visual impacts could impact adjacent properties. These uses generally involve
impacts to the public health, safety and/or welfare which are greatest. Examples
include the following uses and, where not listed, the Administrator shall use the
most applicable NAICS land use code:
x Computer, medical equipment, instrument, and telecommunications
component assembly (NAICS Codes 334).
x Electrical equipment, appliance, and component manufacturing (NAICS Codes
335).
x Transportation equipment manufacturing (NAICS Codes 3364).
x Large-scale machine shops (NAICS Codes 332).
x Raw material mining (NAICS Codes 12, 14, and 21).
x Power generation, fossil fuel and nuclear (NAICS Codes 221112 & 221113).
x Machinery manufacturing (NAICS Codes 333).
x Animal processing (NAICS Codes 3116).
x Tanning and leather product manufacturing (NAICS Codes starting with 316).
x Wood product manufacturing (NAICS Codes 321).
x Paper manufacturing (NAICS Codes 322).
x Petroleum and coal products manufacturing (NAICS Codes 324).
x Chemical or pharmaceutical manufacturing (NAICS Codes 325).
x Plastics and rubber manufacturing (NAICS Codes 326).
x Mineral product manufacturing (NAICS Codes starting with 327).
x Metal manufacturing (NAICS Codes 331 and 332).
3. Ancillary Industrial Uses – Most manufacturing establishments have some form
of captive services (e.g., research and development, and administrative
operations, such as accounting, payroll, or management). These are
functionally the same as the primary establishment. However, when such
services are provided by separate establishments, they will be evaluated as
either light or heavy industrial in their own right. If needed, Person County
Planning & Zoning Staff should rely on the NAICS’ activity dimension to
differentiate between an office activity and a factory activity for such
establishments.
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B. Standards
1. Industrial operations involving the manufacturing, processing, fabrication of
acetylene gas (except for use on premises), ammunition, explosives, fireworks,
gunpowder, or matches shall not be allowed in any district.
2. Industrial uses shall be subject to the buffer requirements set forth in this
Ordinance.
4.7.6.3 Commercial Salvage Yards
1. Purpose
a. The regulation of commercial salvage yards (per the State of North Carolina,
commercial junkyards and junked or abandoned vehicles) shall also include
or tow-yards and is established by the State of North Carolina through
NCGS, Article 12, the Junkyard Control Act, and § 160A-303.2, Regulation of
abandonment of junked motor vehicles. The purpose of the adoption of this
Ordinance is to adopt NCGS Article 12 and § 160A-303.2 in their entirety for
the regulation of salvage yards and junked or abandoned vehicles, as well
as to benefit environmental protection, land use compatibility, nuisance
abatement, and property maintenance within Person County.
2. Applicability & Exceptions
a. Commercial salvage yards and junked or abandoned vehicles that include
junk, as defined by this Ordinance, are subject to the requirements of this
Ordinance and the issuance of a Zoning Permit, as set forth in the
Permitted Use Table of this Ordinance.
b. Commercial salvage yards and junked or abandoned vehicles existing at
the effective date of this Ordinance, which would otherwise be in violation
of this Ordinance, shall be granted a grace period of six (6) months to
conform to the provisions of this Ordinance. Thereafter, the same shall be
subject to the provisions of this Ordinance.
c. The provisions of this Ordinance shall not apply to an active construction
site and materials, which are being used in connection with a construction
activity taking place on a premises, provided the construction activity
associated with an active Zoning Permit is being diligently pursued and
complies with applicable ordinances and codes.
d. Commercial salvage yards and junked or abandoned vehicles for zoning
purposes are either commercial or industrial operations, per definition and
application in this Ordinance. The storage of junk or vehicles on
residentially zoned or by use property shall be limited to non-commercial
and non-industrial operations. In such cases, the property owner is
required to keep their property maintained to not become a private
nuisance. Where a private nuisance potential exists, Person County
reserves the right to inspect the property for nuisance verification, issue
notices of violation where the nuisance exists, and follow the provisions of
NCGS, Article 12, the Junkyard Control Act, and § 160A-303.2, Regulation
of abandonment of junked motor vehicles for abatement.
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e. Commercial salvage yards and junked or abandoned vehicles shall not
become an environmental hazard or negatively impact public health,
safety, and welfare.
3. Prohibitions
a. All commercial salvage yards, except as hereinafter provided, it shall be
unlawful after the effective date of this Ordinance for any person, firm,
corporation, or other legal entity to operate or maintain in any
unincorporated area of Person County a commercial salvage yard, without
first obtaining a Zoning Permit to operate the same and without
maintaining a 100% opaque screen from view from an adjacent property
or street as hereafter described.
4. Permitting
a. Any person, firm, corporation, or other organization desiring to operate,
or continue to operate a commercial salvage yard after the adoption of this
Ordinance shall be required to obtain a Zoning Permit to operate same
from the Person County Planning & Zoning Department.
5. Fencing and Screening
a. All commercial salvage yards operated in Person County shall be
completely screened, as defined in this Ordinance, with a 100% opaque
fence, screen, vegetation, earthen berm, wall, or a combination thereof
with a minimum six (6) feet in height, gates that remain closed when not
being used for ingress and egress, and follows a Type 2 bufferyard design,
as set forth in this Ordinance. The screen material shall be maintained to
not have gaps. All screening material shall be located completely outside
of an adjacent rights-of-way or an adjacent property and requirements to
alter the screening material shall be solely at the property owner’s
expense.
6. Signage
a. All commercial salvage yards operated and maintained in Person County
shall be identified at the entrance to said facility by a sign not greater than
24 SF in area, otherwise meeting the sign requirements of this Ordinance.
4.7.6.4 Solar Energy Systems, Battery Energy Storage Systems, & Alternative Forms of
Energy Use
A. Purpose
The purpose of this Ordinance is to facilitate alternative energy use facilities,
particularly as a result of lower carbon emissions programs within the State of North
Carolina and nationally. As energy technology changes to accommodate the North
Carolina Utility Commission Carbon Plan, Person County shall accommodate
alternative energy methods. This Ordinance is not intended to replace safety, health,
or environmental requirements contained in other applicable codes, standards, or
ordinances. The provisions of this Ordinance shall also not be deemed to nullify any
provisions of local, state, or federal law. Nothing in this Ordinance shall limit or restrict
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the provisions granted within for residential property and, where there is a conflict
between this Ordinance and NCGS § 160D-914, NCGS § 160D-914 shall prevail.
B. Applicability
This Ordinance applies to the construction, installation, and operation of solar energy
systems (SES), battery energy storage systems (BESS), and alternative forms of energy
use within Person County in a manner that promotes economic development,
preserves the dignity and aesthetics of the environment and ensures the protection
of health, safety, and welfare while also avoiding adverse impacts to important areas
such as agricultural lands. Systems established prior to the effective date of this
Ordinance shall remain exempt, except if major modifications to an existing energy
system is proposed and requires a new Zoning Permit to be issued by the Board of
Commissioners. Solar energy systems that are roof-mounted or serving residential
property, where the predominant use is for residential purposes per NCGS § 160D-
914, as well as maintenance and repair of solar energy systems, are not subject to this
Ordinance and are exempt from obtaining a Zoning Permit.
C. Solar Energy System Types
A solar energy system is considered as a Level 1, Level 2, or Level 3 type:
1. Level 1 SES – Ground-mounted systems less than a ½-acre in size.
2. Level 2 SES – Ground-mounted systems equal to or greater than ½-acre and less
than ten (10) acres.
3. Level 3 SES – Ground-mounted systems equal to or greater than ten (10) acres.
D. Solar Energy System Dimensional Standards
TABLE 4-3: SETBACK REQUIREMENTS FOR SOLAR ENERGY SYSTEMS1/
Notes:
1. A blank cell in this table means a solar energy system is prohibited in that zoning district.
2. Levels 2 & 3 solar energy systems shall be separated by a minimum distance of 300’ from the closest point of
a residential dwelling structure. The systems shall also be separated by a minimum distance of 100’ from the
nearest well. All solar energy systems are additionally subject to PCLA regulations.
1. Setbacks for solar energy systems are measured from the nearest solar panel to
the nearest property line and/or right-of-way line. Setbacks for solar energy
systems in Person County as follows:
a. Where a solar energy system facility is located on multiple contiguous lots of
record in separate ownership, the building setback and buffer requirement
shall apply only to the exterior perimeter of the project boundaries
surrounding the facility and not the interior property boundaries within the
facility. A written waiver signed by the property owner(s) shall be required.
System
Type
Residential (R) Highway
Commercial
(HC)
Neighborhood
Commercial
(NC)
General Industrial
(GI)
Rural
Development (RD)
Level 1 Per zoning district regulations listed in this Ordinance
Level 22/ 200’ 200’ 200’
Level 32/ 200’ 200’
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b. For roof-mounted systems, the maximum panel height is limited to the
applicable district regulations for buildings. For ground-mounted systems, the
maximum panel height shall be measured from the highest natural grade
below each solar panel to the top of the highest point of the panel frame and
shall not exceed fifteen (15) feet. Poles and wires reasonably necessary to
connect to public electric utilities for all solar energy systems shall not be
subject to this requirement.
c. The maximum size of Level 3 solar energy systems shall not exceed 100-acres,
as measured around the exterior perimeter of the panels that are outside of
the buffer area. No Level 3 solar energy system shall be located within one (1)
linear mile of an existing Level 3 solar energy system.
E. Solar Energy System Landscape Bufferyards
1. Level 1 systems shall be exempt from buffering and landscaping requirements.
2. Solar collectors, accessory equipment, and associated outside storage for Level 2
and Level 3 systems shall be completely screened with a 150-ft. vegetative buffer
from view from all property and right-of-way lines. Buffers shall include, at a
minimum, evergreen shrubs and a combination of deciduous and evergreen trees
as follows:
a. Every 500 SF of buffer shall include one evergreen or deciduous tree that shall
be a minimum of six (6) feet at planting and have a minimum height of 15-ft.
within three (3) years and spread of at least 30-ft. within 10 years.
b. Five (5) evergreen shrubs, or three (3) evergreens and two (2) deciduous
shrubs, that shall be a minimum of three (3) feet at planting and have a height
and spread of at least five (5) feet within 10 years.
c. Existing vegetation may be counted toward the required plantings when
identified on a landscape plan and certified by an arborist, landscape architect,
landscape designer. Plants identified for the buffer must be protected from all
land disturbing activities and construction at a distance equal to the drip line
of the plant(s) to be used toward the buffer.
F. Solar Energy System Aviation Notification
1. Level 1 systems shall be exempt from aviation notification requirements.
2. For all Level 2 and Level 3 systems, a map shall be provided with the permit
application that shows a five (5) mile radius from the center of the SES with the
nearest point of any airport operations.
3. For systems containing airport operations within a five (5) mile radius from the
center of the SES, the following items must be included with the permit
application:
a. A map.
b. Determination of whether the airport is in the National Plan of Integrated
Airport Systems (NPIAS).
c. Documentation/certification that the project will not interfere with
airport/aircraft communications systems.
d. Proof of delivery of notification, date of delivery, and response(s) for the
following documents:
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x For consideration of potential impacts to low altitude military flight paths,
notification of intent to construct the solar energy system shall be sent to
the NC Commanders Council at least forty-five (45) calendar days before
the Special Use Permit/Conditional Rezoning hearing for Level 2 and Level
3 solar energy systems and at least forty-five (45) calendar days before
starting construction for all other Level 2 and Level 3 solar energy systems.
Notification shall include location of solar energy system (e.g., map,
coordinates, address, or parcel ID), technology (e.g., roof-mounted PV,
ground-mounted fixed PV, tracked PV, solar thermal, etc.), and the area of
the system (e.g., 5-acres).
x A full report for each flight path and observation point, as well as the
contact information for the Administrator, shall be sent to the authority
indicated below at least forty-five (45) calendar days before the Special
Use Permit/Conditional Rezoning hearing for Level 2 and Level 3 solar
energy systems and at least forty-five (45) calendar days before starting
construction for all other Level 2 and Level 3 solar energy systems. The
latest version of the Solar Glare Hazard Analysis Tool (SGHAT) shall be used
per its user’s manual to evaluate the solar glare aviation hazard. SGHAT
can be accessed via the following website: www.forgesolar.com.
x Airport operations at airports in the National Plan of Integrated Airport
Systems (NPIAS) within five nautical miles of the center of SES: provide
required information to the North Carolina Division of Aviation and FAA’s
Airport District Office (ADO) with oversight of North Carolina and receive
responses from those agencies at least ten (10) calendar days prior to the
hearing. Those responses shall be provided to both the Person County
Planning & Zoning Department and Person County Airport Commission.
x Airport operations at airports not in the NPIAS, including military airports,
within five nautical miles of the center of SES shall provide required
information to the NC Commanders Council for military airports and to the
management of the airport for non-military airports.
e. Any applicable solar energy system design changes (e.g., module tilt, module
reflectivity, etc.) after initial submittal shall be rerun in the SGHAT tool and the
new full report shall be sent without undue delay to the contact specified in
this subsection for accurate records of the As-built system.
G. Solar Energy System Decommissioning & Abandonment
1. Level 1 systems shall be exempt from decommissioning and abandonment
requirements.
2. A solar energy system that ceases to produce energy on a continuous basis for
twelve (12) months will be considered abandoned unless the current responsible
party (or parties) with ownership interest in the solar energy system provides
substantial evidence (updated every six (6) months after twelve (12) months of no
energy production) to the Administrator of the intent to maintain and reinstate
the operation of that facility. It is the responsibility of the property owner or
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responsible party (or parties) to remove all equipment and facilities and restore
the parcel to its condition prior to development of the solar energy system.
3. At the time of applying for permits, the Applicant (solar energy system developer
or property owner) shall include a Decommissioning Plan addressing the following
items:
a. Anticipated life of the solar energy system.
b. Defined conditions upon which decommissioning will be initiated (e.g., end of
land lease, no power production for twelve (12) months, etc.)
c. Removal of all non-utility owned equipment, conduit, structures, fencing, solar
panels, and foundations.
d. Restoration of property to a condition at a minimum to the condition prior to
development of the solar energy system, if not more improved.
e. Timeframe for completion of decommissioning activities, not to exceed one
(1) year.
f. Description and copy of any lease or any other agreement with the property
owner regarding decommissioning.
g. Name and address of person or party responsible for decommissioning.
h. Plans and schedule for updating the Decommissioning Plan.
i. A verifiable means of determining if the Decommissioning Plan needs to be
activated due to cessation of use for 365 calendar days, such as a letter from
the electric utility stating that it will notify the Planning & Zoning Department
within ten (10) calendar days if electricity is not received from an array within
the solar energy system for 365 calendar days.
j. Estimated decommissioning costs including contingency costs of at least 25%
(in current dollars), as provided by an appropriately experienced, North
Carolina licensed Engineer, under seal.
4. Prior to the issuance of a Certificate of Compliance/Zoning Permit, the County
must receive a performance guarantee in favor of the County in an amount equal
to 1.25 times the estimated decommissioning cost as determined by a North
Carolina licensed engineer. The performance guarantee must be satisfactory to
the Administrator and may include a performance bond, irrevocable letter of
credit, cash deposit or other surety approved by the County Manager or County
Attorney. Following initial submittal of the performance guarantee, the cost
calculation for decommissioning shall be reviewed every three (3) years, and
adjusted accordingly based upon an updated estimate of a North Carolina licensed
Engineer under seal, of the estimated decommissioning costs. Failure to comply
with any requirement of this Ordinance shall result in the immediate termination
and revocation of all prior approvals and permits, further, the County shall be
entitled to make immediate demand upon, and/or retain any proceeds of the
surety, which shall be used for the decommissioning and/or removal of the solar
energy system, even if it is still operational.
H. General Procedures for Solar Energy System Development Approval
1. After the effective date of this Ordinance, no proposed solar energy system as
defined in this Ordinance and within Person County’s jurisdiction shall proceed
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with construction until it has received approval in accordance with the procedures
of this Ordinance.
2. Existing solar energy system developments are governed under the regulations in
place prior to the effective date of this Ordinance, unless a major modification as
defined by this Ordinance is proposed. A new Zoning Permit shall be required for
major modifications to existing solar energy systems.
3. Solar energy systems that use inverters or any other form of power generators
shall mitigate sounds emitting from the devise with concrete clock walls, earthen
berms, or a combination to ensure land use compatibility with adjacent uses that
complies with the Person County Noise Ordinance and does not exceed 55
decibels (dB).
4. Construction hours of operation for solar energy systems shall be limited to 7:00
AM to 7:00 PM.
I. Level 1 Solar Energy Systems Approval Procedures
1. Ground-mounted Level 1 solar energy systems are a permitted use in accordance
with the Permitted Use Table of this Ordinance and shall meet the applicable
height, setback, and related district standards. These ground-mounted Level 1
solar energy systems must complete the following for approval:
a. Zoning Permit application in accordance with this Ordinance.
b. Location of the proposed ground-mounted Level 1 solar energy system on an
aerial photograph (to-scale) or Site Plan with setback dimensions.
c. Where applicable, approval from Person County Environmental Health, the
City of Roxboro Public Works, or addressing from Person County GIS.
d. Building permit application and building plans for Person County Building
Inspections.
J. Level 2 Solar Energy Systems as Permitted Uses
1. Level 2 solar energy systems allowed as permitted uses in accordance with the
Permitted Use Table of this Ordinance must meet the applicable height, setback,
aviation notification, and related district standards. Level 2 solar energy systems
must complete the following for approval:
a. Zoning Permit application in accordance with this Ordinance.
b. Approval from Person County Environmental Health or the City of Roxboro
Public Works, as applicable.
c. Addressing from Person County GIS.
d. Building permit application and building plans for Person County Building
Inspections.
2. In addition to general Site Plan requirements of this Ordinance, Site Plans
submitted to Person County Planning & Zoning Department for Level 2 solar
energy systems must show the following:
a. Planned location of each solar array and accessory equipment.
b. The front, rear, and side setbacks of the solar array and accessory equipment.
c. Required buffer areas with description.
d. A table containing the number, dimensions, height, and type of each proposed
solar array including their generating capacity.
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e. Level 2 solar energy systems in the Neuse watershed may require additional
materials
3. Following completion of construction, all Level 2 solar energy systems shall submit
a final As-built survey to the Planning & Zoning Department. Following submission
and approval of the final As-built survey, Level 2 solar energy systems must receive
an approved final zoning inspection performed on-site by the Person County
Planning & Zoning Department prior to receiving their Certificate of
Compliance/Zoning Permit. Properties located in the Neuse watershed may
require additional materials prior to receiving their Certificate of
Compliance/Zoning Permit.
K. Level 2 and Level 3 Solar Energy Systems Requiring Special Use Permits or Conditional
Districts
1. Level 2 and Level 3 solar energy systems requiring Special Use Permits or
Conditional Districts must submit a completed Special Use Permit/Conditional
District rezoning application and Site Plan to the Person County Planning & Zoning
Department. A copy of all aviation requirements shall also be submitted to the
Person County Airport Commission. Applicants may choose to provide a Concept
Plan to the Administrator ahead of a Site Plan, as Concept Plans do not require
much investment and are an opportunity for the Administrator to point out design
changes ahead of more expensive site planning.
2. In addition to general Site Plan requirements of this Ordinance, Site Plans
submitted to the Person County Planning & Zoning Department for Level 2 and
Level 3 solar energy systems must show the following:
a. A narrative describing the proposed solar energy systems, including an
overview of the project and estimated megawatt output of the project.
b. Planned location of each solar array and accessory equipment.
c. The front, rear, and side setbacks of the solar array and accessory equipment.
d. Required buffer areas with description.
e. A table containing the number, dimensions, height, and type of each proposed
solar array.
f. Location where wiring is brought together for inter-connection to the system
components and/or the local utility power grid, and location of disconnect
switch.
g. Location of any onsite battery storage systems/units.
h. Level 2 and Level 3 solar energy systems in the Neuse watershed may require
additional materials.
3. The following information shall also be included in the submittal for a special use
permit or Conditional District rezoning application:
a. A copy of the lease agreements with each property owner and any access and
utility easements. Lease agreements shall have a provision that describes how
the agreement may be renewed. Identifying information, as defined in NCGS
§ 14-113.20(b), and proprietary information may be redacted.
b. Evidence that the electrical utility provider has established an
agreement/contract with the solar energy system owner to install an
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interconnected system. Any customer-owned generator (off grid systems)
shall be exempt from this requirement.
c. Documentation regarding the type and quantity of battery storage units and
configurations, if onsite battery storage systems are to be used. Any battery
storage technology that contains PFAS (Polyfluoroalkyl substances) must be
noted in the application. If the project intends on using PFAS-containing
battery storage technology, a containment plan and a separate
Decommissioning Plan from the plan described below must be submitted for
approval. If the battery Decommissioning Plan includes recycling as a method
for disposition of the spent batteries, the name of the recycling facility
permitted to accept PFAS-containing batteries must be provided. If the project
does not intend to use PFAS-containing batteries, certification from the
battery manufacturer must be provided stating that the batteries used do not
contain PFAS.
d. A Phase 1 Environmental Site Assessment prepared by a duly licensed
professional in the State of North Carolina.
e. Fire Prevention and Emergency Response facilities shall be installed by the
solar energy system owner and approved by the Person County Fire Marshal
to include, at a minimum, the following:
x Confirmation that the local Fire Departments located in the same fire
district as the major solar energy system has or will acquire equipment to
contain and extinguish any fire at the solar energy system. Any new
equipment requested by the fire district shall be paid for by the major solar
energy system owner.
x Chemical fire suppressants shall be located and properly stored at each
battery storage area and transformer as directed by the County Fire
Marshal.
x An Emergency Response Plan consistent with all applicable Federal
Emergency Management Agency guidelines may be prepared by the solar
energy system owner and approved by the County Fire Marshal.
x The 50-ft. area in between the edge of the buffer and the panels shall be
maintained and may be inspected on an annual basis to ensure that
emergency vehicles can adequately access the perimeter of the site.
f. Other relevant studies, reports, certifications, information, documents and
approvals as may be reasonably requested by the County to ensure
compliance with this Ordinance. Recognizing the unique environmental
challenges of a solar energy system, studies that may be required under this
paragraph may include but are not limited to the following:
x Field surveys for all state or federal listed species that are protected under
state or federal law.
x Geologic reports mapping and describing geological resources such as
bedrock outcrops, groundwater recharge zones, seeps, springs and general
characterization of groundwater resources.
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x Surface water resources including wetlands.
x Site-specific soil surveys to include information on prime farmland soils as
classified by the USDA Natural Resources Conservation Service, hydric soils
and hydric components of non-hydric soil series, soil erodibility,
agricultural suitability and site index for growing timber.
x Environmental constraints analysis.
x Other studies of the project site, receiving waters, and adjacent or nearby
natural and environmental resources as may be requested by any County
agency.
L. Level 2 & Level 3 solar energy systems must also complete the following for approval:
a. Approval from Person County Environmental Health or the City of Roxboro
Public Works.
b. Addressing from Person County GIS.
c. Zoning Permit application and approved Site Plan for Person County the
Planning & Zoning Department.
d. Decommissioning Plan submitted to the Person County Planning & Zoning
Department.
e. Building permit application and building plans for Person County Building
Inspections.
f. Level 2 and Level 3 solar energy systems in the Neuse watershed may require
additional materials.
2. Following completion of construction, all Level 2 & Level 3 solar energy systems
shall submit the following:
a. A final As-built survey shall be submitted to the Administrator.
b. A letter of certification from a North Carolina licensed engineer indicating that
the inverter noise shall not exceed the lower of 3dBA Leg (1 HR) above
preconstruction background or 40 Leg (1 HR) dBA, measured at any property
line during output that exceeds 95% rated capacity from the facility.
3. Following submission and approval of the final As-built survey, Level 2 and Level 3
solar energy systems must receive an approved final zoning inspection performed
on-site by the Person County Planning & Zoning Department prior to receiving
their Certificate of Compliance/Zoning Permit. Properties located in the Neuse
watershed may require additional materials prior to receiving their Certificate of
Occupancy.
M. Battery Energy Storage Systems Development Approvals, Decommissioning, &
Abandonment
Battery energy storage systems (BESS) are required to obtain all applicable permits
from the State of North Carolina and Person County to operate, locate, install,
commission, and decommission that pertains to large-scale systems of 500 kilowatts
(kWh) or greater. Any BESS containing megawatts (MW) is also considered a large-
scale system. Battery systems less than 500-kWh, for this Ordinance, are considered
to be small-scale systems, and are exempt from these standards. Ownership of
battery energy systems and property ownership shall be included with applications
and Site Plans, in addition to the applicant’s contact information. A change in any
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ownership following Certificate of Occupancy issuance shall be provided to the Fire
Marshal and Building Official a minimum of thirty (30) calendar days prior to
ownership change. Site Plan approval is required prior to zoning permit issuance that
meets the criteria listed in this Ordinance, as amended. A Commissioning Plan shall
also be approved by Person County Building Inspections, Environmental Health, and
Fire Marshal prior to Certificate of Occupancy issuance. The Commissioning Plan shall
include a corrective action plan that may arise during operation of the BESS. BESS
ownership/property ownership shall be responsible for the operation, maintenance,
restoration, and environmental remediation for the system and site. The
Commissioning Plan shall list mitigation and monitoring events and recordkeeping
methods of storing annual reports and annual report may be provided to Person
County Fire Marshal upon request. A Decommissioning Plan shall be provided to
Person County Building Inspections, Environmental Health, Fire Marshal, and Planning
& Zoning Department that addresses BESS facilities closure, projected life of the
system, equipment removal and material disposal, site restoration, and
environmental remediation. BESS sites shall not become an undue burden to the
public both physically and fiscally through abandonment and environmental
remediation. It is the sole responsibility of the system owner/property owner to
maintain the site and remediate environmental hazards, or be subject to code
enforcement action. The developer shall provide a performance bond guarantee in a
form acceptable to the County Manager or County Attorney for the completion of the
required improvements within a development.
N. Battery Energy Storage Systems Site Location Criteria
The following site location criteria shall apply, as follows:
1. BESS are a Light Industrial use within this Ordinance.
2. BESS constructed on existing energy production sites, as of the date of adoption
of this Ordinance, are considered a Permitted Use.
3. BESS subject to these standards may include, but are not limited to Lithium-ion,
Flow, Zinc-hybrid cathode, Lead-acid, Nickel-cadmium, Nickel metal hydride (Ni-
MH), Capacitor, and Aquion battery types.
4. BESS and associated bufferyards shall be located entirely outside of FEMA
designated areas of minimal flooding (e.g., 100-year floodplain) and any critical,
cultural, historical, archeological, or environmentally sensitive areas.
5. An impervious containment area shall include clay soils and gravel and be
maintained free from weeds and trash with scheduled maintenance.
6. The containment area shall include a 20-ft. wide gravel bufferyard forming the
perimeter of the equipment and a minimum black vinyl-coated 6-ft. high steel
chain-link fence with self-locking gate and posted ‘no trespassing’ signage on all
four sides of the fence. Provision of a 6-ft. high masonry screen wall is optional.
Systems within an existing energy production site and behind a perimeter security
fence also have an option not to provide vinyl-coated material.
7. The maximum dedicated-use building height shall not exceed 35-ft.
8. Access to the containment area shall be from a minimum 10-ft. wide concrete,
asphalt or gravel driveway stabilized for emergency response vehicle load-
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bearing. A Knox-box or similar equipment shall be provided for emergency access
to the self-locking gate that is aligned with the shortest distance to the paved
driveway.
9. Signage meeting ANSI standards is required informing of the presence of
hazardous chemicals, electrical voltage, 24/7 emergency contact information for
the system owner and local public safety departments, property address,
emergency cutoff systems, and fire suppressant system instructions.
10. Security lighting design shall be provided by photometric plan within the Site Plan
submittal. Light fixtures shall have a maximum spacing of 100-ft. on-center inside
of the security fence with LED light fixtures oriented directionally downward to
achieve no greater than a one-half (0.5) footcandle at the fence perimeter.
Security cameras shall also be installed in close proximity to site lighting and at the
self-locking gate. Security lighting height shall not exceed 15-ft.
11. BESS shall be designed not to exceed a noise mitigation limit of 55 decibels (dB),
comply with the Person County Noise Ordinance, and be planted with xeric
vegetation to 75% opacity screening at full maturity, as maintained. The 55 dB
design shall be provided as a calculation with the Site Plan submittal. The
vegetative screen design and plant palette shall be included on a landscape plan
with the Site Plan submittal.
12. Except for main service connections at the utility company right-of-way and new
interconnection equipment, utility lines leading into the containment area shall
be buried underground to a point of connection to electrical circuitry or dedicated-
use buildings.
13. BESS that use inverters or any other form of power generators shall mitigate
sounds emitting from the devise with concrete clock walls, earthen berms, or a
combination to ensure land use compatibility with adjacent uses that complies
with the Person County Noise Ordinance.
O. Annual Inspections
Annual inspections may be performed by the Administrator or designee to ensure
compliance with the requirements of this Ordinance. Any deficiencies noted shall be
corrected upon receipt of notice from the Administrator.
4.7.6.5 Water Dependent Structure
Structures on Hyco Lake shall be subject to the Guidelines for the Use of Residential
Properties at Hyco Lake and shall demonstrate approval by the PCLA prior to the issuance
of a Zoning Permit by the Person County Planning & Zoning Department.
4.7.6.6 Telecommunication Facilities (Towers & Support Structures)
A. Purpose & Intent
1. Subject to NCGS § 160D, Article 9, Part 3, the purpose of this Ordinance is to
ensure the safe and efficient integration of facilities necessary for the provision of
advanced mobile broadband and wireless telecommunications services
throughout the community and to ensure the ready availability of reliable wireless
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service to the public, government agencies, and first-responders, with the
intention of furthering the public safety and general welfare.
2. The deployment of wireless infrastructure is critical to ensuring first-responders
can provide for the health and safety of all residents of North Carolina consistent
with Federal standards, which create a national wireless emergency
communications network for use by first-responders that in large measure will be
dependent on facilities placed on existing wireless communications support
structures. The placement, construction, or modification of wireless
communications facilities shall be in conformity with the Federal Communications
Act, 47 U.S.C. Section 332, as amended, Section 6409 of the Federal Middle Class
Tax Relief and Job Creation Act of 2012, 47 U.S.C. Section 1455(a), and in
accordance with the rules promulgated by the Federal Communications
Commission (FCC).
3. It is also the intent of this Ordinance to:
a. Ensure that Person County has sufficient wireless infrastructure to support its
public safety communications.
b. Ensure access to reliable wireless communications services throughout all
areas of Person County.
c. Encourage the use of existing structures for the co-location of
telecommunications facilities.
d. Encourage the location of support structures, to the extent possible, in areas
where any potential adverse impacts on the community will be minimized.
e. Facilitate the responsible deployment of telecommunications facilities in
residential areas to ensure comprehensive wireless services across Person.
f. Minimize the potential adverse effects associated with the construction of
wireless support structures through the implementation of reasonable design,
landscaping, and construction practices.
g. Ensure public health, safety, welfare, and convenience.
4. The provisions of this Ordinance apply to any new wireless support structure. The
use of land for wireless support structure shall be permitted as set forth in the
Permitted Uses Table, subject to the criteria of this Ordinance. Wireless support
structures shall be regulated and permitted pursuant to this Ordinance and shall
not be regulated or permitted as essential services, public utilities, or private
utilities. No permit shall be required for routine maintenance as defined in this
Ordinance.
B. New Wireless Support Structures & Substantial Modifications
The subsection shall apply to all new wireless support structures and substantial
modifications to existing wireless support structures.
1. Definition of Substantial Modification. A substantial modification occurs when:
a. The mounting of the proposed antenna on an existing structure that would
increase the existing height of the existing structure by more than 10%, or by
the height of one additional antenna array with separation from the nearest
existing antenna not to exceed 20-ft., whichever is greater, except that the
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mounting of the proposed antenna may exceed the size limits set forth in this
paragraph if necessary to avoid interference with existing antennas.
b. The mounting of the proposed antenna to an existing water tower that would
increase the existing height of the water tower by more than twenty (20%)
percent.
c. The mounting of the proposed antenna would involve the installation of more
than the standard number of new equipment cabinets for the technology
involved, not to exceed four (4), or more than one new equipment shelter.
d. The mounting of the proposed antenna would involve adding an appurtenance
to the body of the Existing Structure that would protrude from the edge of the
existing structure more than 20-ft. or more than the width of the structure at
the level of the appurtenance, whichever is greater, except that the mounting
of the proposed antenna may exceed the size limits set forth in this paragraph
if necessary to shelter the antenna from inclement weather or to connect the
antenna to the structure via cable.
e. The mounting of the proposed antenna would involve excavation outside the
current Existing Structure site, defined as the current boundaries of the leased
or owned property surrounding the Existing Structure and any access or utility
easements currently related to the site.
2. Location & Permitted Uses
a. New wireless support structures shall be permitted, as set forth in the
Permitted Use Table of this Ordinance.
b. Wireless support structures may be considered either principal or accessory
uses. A different existing use or an existing structure on the same lot shall not
preclude the installation of an antenna or tower on such lot.
3. Necessity of Structure
a. Subject to NCGS § 160D-933, prior to approval of a new wireless support
structure or substantial modification, the Applicant shall provide evidence that
no existing or previously approved wireless support structure can reasonably
be used for the wireless facility placement instead of the construction of a new
structure, that residential, historic and designated scenic areas cannot be
served from outside the area, and that the proposed height of the structure or
replacement structure is necessary to provide the Applicant’s desired service.
The application shall also provide evidence that co-location on an existing
wireless support structure is not feasible.
b. No new wireless support structure shall be permitted unless the Applicant
demonstrates to the reasonable satisfaction of the Administrator, or Board of
Commissioners (if Special Use Permit is required), that no existing tower,
structure or alternative technology, that does not require the use of towers or
structures, can accommodate the Applicant's proposed tower or antenna.
Evidence submitted to demonstrate that no existing tower, structure or
alternative technology can accommodate the Applicant's proposed tower or
antenna may consist of any or all of the following:
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x No existing towers or structures are located within the geographic area
which meet Applicant's engineering requirements.
x Existing towers or structures are not of sufficient height to meet
Applicant's engineering requirements.
x Existing towers or structures do not have sufficient structural strength to
support Applicant's proposed antenna and related equipment.
x The Applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures, or the
antenna on the existing towers or structures would cause interference
with the Applicant's proposed antenna.
x The fees, costs, or contractual provisions required by the owner in order
to share an existing tower or structure or to adapt an existing tower or
structure for sharing are unreasonable. Costs required by the owner of
existing tower or structure that exceed new tower development are
presumed to be unreasonable.
x The Applicant demonstrates that there are other limiting factors that
render existing towers and structures unsuitable.
x The Applicant demonstrates that alternative technologies, such as a cable
microcell network using multiple low-powered transmitters/receivers
attached to a wireline system, that does not require the use of towers or
structures, are unsuitable. Costs of alternative technology that exceed new
tower or antenna development shall not be presumed to render the
technology unsuitable.
4. Height, Setbacks, & Fall Zone
a. Minimum setbacks for all monopole structures from shall be a minimum of the
height of the tower from all property lines
b. Minimum setbacks for concealed (stealth) design structures shall be a
minimum of the engineered fall zone (as certified by a professional engineer),
except that from any residential structure, the setback shall be the height of
the tower.
c. No wireless support structure shall be designed and/or sited such that it poses
a potential hazard to nearby residences or surrounding properties or
improvements. To this end, any wireless support structure not located a
distance equal to the height of the structure plus 50-ft. away from all habitable
structures, property lines, or other towers, shall be designed to withstand the
maximum forces expected from wind and ice when the structure is fully loaded
with antennas, transmitters and other equipment. Compliance with this
requirement shall be certified by a professional engineer licensed by the State
of North Carolina in a report describing the structure, specifying the number
and type of antennas it is designed to accommodate, providing the basis for
the calculations done, and documenting the actual calculations performed.
d.Additional height limitations apply within the Airport Protection Overlay.
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5. Security Fencing
Wireless support structures shall be enclosed by security fencing at a minimum of
six (6) feet in height and shall be equipped in such a manner as to deter climbing,
such as barbed-wire, or concertina-wire. Fencing shall be wood, wood composite,
masonry, or vinyl-coated chain link.
6. Landscaping
Wireless communications facilities shall be landscaped with a buffer of plant
materials that effectively screens the view of the structure compound from
adjacent property. The facility shall be screened at a minimum with a Type 1 Buffer
in accordance with this Ordinance around the perimeter of the compound. Plant
materials forming the visual buffer may be existing on the subject property or
installed as part of the proposed facility, but existing mature plant growth and
natural land forms on the site shall be preserved to the maximum extent possible.
The Board of Commissioners or Administrator (as applicable) may waive these
requirements in locations where the view of the structure base is obstructed by
existing buildings or natural topography and cannot be viewed from adjacent
property or a public street.
7. Lights
No wireless support structure shall have affixed or attached to it in any way except
during time of repair or installation, any lights, reflectors, flashers, day-time
strobes or steady night time light or other illumination devices, except as required
by the FAA and the FCC. This restriction against lights shall not apply to structures
which have been combined with light standards for illumination of ball fields,
parking lots, playgrounds, or other similar public uses. If lighting is required, the
lighting sources and design shall be designed to not exceed a cumulative one-half
(0.5) footcandles at the property line adjacent to a street right-of-way or adjacent
property.
8. State or Federal Requirements
All wireless support structures must meet or exceed current standards and
regulations of the FAA, the FCC, and any other state or federal government agency
with the authority to regulate wireless support structures. If such standards and
regulations are changed, then the owners of the wireless support structures
governed by this Chapter shall bring such wireless support structures into
compliance with the revised standards and regulations within six (6) months of
the effective date of such standards and regulations, unless a different compliance
schedule is mandated by the controlling state or federal agency. Failure to bring
wireless support structures into compliance with such revised standards and
regulations shall constitute grounds for the removal of the wireless support
structures at the owner's expense.
9. Building Code & Safety Standards
To ensure the structural integrity of wireless support structures, the owners of
such facilities shall ensure that they are maintained in compliance applicable with
standards contained in the State Building Code and other applicable state and
federal safety standards.
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10. Signs
Signs on a wireless support structure, or on any portion of the premises leased for
wireless communication use, shall be limited to those needed to identify the
property and the owner, to warn of any danger, and to post no trespassing. Signs
which advertise for commercial purposes are prohibited. All signs shall comply
with the requirements of the Sign Regulations of this Ordinance.
11. Permit Requirements
a. No wireless support structures, shall be erected, established, or substantially
modified unless and until a Zoning Permit has been issued pursuant to this
Ordinance.
b. In addition to the procedures set forth in this Ordinance, Zoning Permits for
wireless support structures shall be issued in accordance with the following
provisions:
x Any information of an engineering nature that the Applicant submits,
whether civil, mechanical, or electrical, shall be certified by a professional
engineer licensed in the State of North Carolina.
x A Site Plan in accordance with this Ordinance which clearly indicates the
location, type, and height of the proposed wireless support structure, on-
site land uses and zoning, adjacent land uses and zoning (including when
adjacent to other zoning jurisdictions), adjacent roadways, proposed
means of access, setbacks from property lines elevation drawings of the
proposed wireless support structure and any other structures and other
information deemed by the Administrator to be necessary to assess
compliance with this Ordinance.
x The setback distance between the proposed wireless support structure
and the adjacent property line.
x Site lighting with a Lighting Plan that shall not exceed a cumulative one-
half (0.5) footcandle at the property line adjacent to a street right-of-way
or adjacent property.
x The availability of suitable existing wireless support structures, other
structures, or alternative technology.
x Method of fencing and finished color and, if applicable, the method of
camouflage and illumination.
x A statement by the Applicant as to whether construction of the structure
will accommodate co-location of additional antennas for future users.
x A description of the suitability of the use of existing structures, other
structures or alternative technology not requiring the use of structures to
provide the services to be provided through the use of the proposed new
structure.
x A description of the feasible alternative location(s) of future wireless
support structures within Person County based upon existing physical,
engineering, technological or geographical limitations in the event the
proposed structure is erected.
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x A statement of compliance with the FCC Radio Frequency (RF) exposure
standards.
C. Buildings or Other Equipment Storage
1. Accessory Equipment Structures
The equipment cabinets and other support structures used in association with
wireless support structures shall comply with the following provisions:
a. Equipment cabinets and/or other structures shall comply with all applicable
building codes.
b. Guyed wires and accessory structures shall satisfy the minimum zoning district
setback requirements.
2. Location and Size of Accessory Equipment Structures
Equipment cabinets and/or structures shall be no greater than 15-ft. in height or
300 SF in gross floor area. The entry or access side of a cabinet and/or structure
shall be gated by a solid, sight-obscuring gate that is separate from the cabinet
and/or structure. Such access way shall be located away from residentially zoned
or used property, wherever possible.
D. Cell on Wheels
The use of Cell on Wheels (COW) in response to a declaration of emergency is
permitted following administrative review and approval for up to 120 calendar days.
E. Co-location & Eligible Facilities Requests
1. Co-location Approval
a. Co-location of antenna on existing wireless support structures and minor
modifications (eligible facilities requests) to existing wireless support
structures that do not constitute substantial modifications, as defined by this
Ordinance, shall be reviewed and approved administratively subject to the
requirements of this Ordinance.
b. A co-location or eligible facilities request application is deemed complete
unless the County provides notice that the application is incomplete in writing
to the Applicant within forty-five (45) calendar days of submission or within
some other mutually agreed upon time frame. The notice shall identify the
deficiencies in the application which, if cured, would make the application
complete. The County may deem an application incomplete if there is
insufficient evidence provided to show that the proposed co-location or
eligible facilities request will comply with federal, state, and local safety
requirements. An application is deemed complete on resubmission if the
additional materials cure the deficiencies indicated. The Planning & Zoning
Department shall issue a written decision approving an eligible facilities
request application within forty-five (45) calendar days of such application
being deemed complete. For a co-location application that is not an eligible
facilities request, the County shall issue its written decision to approve or deny
the application within forty-five (45) calendar days of the application being
deemed complete.
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2. Good Faith
Applicants and permittee shall make a good faith effort to share wireless support
structures, facilities and sites where feasible and appropriate. Good faith effort
shall include sharing technical information necessary to determine if co-location
is feasible under the design configuration most accommodating to co-location,
and may include negotiations for erection of a replacement support structure to
accommodate co-location. A competitive conflict to co-location or financial
burden caused by sharing such information normally will not be considered as an
exception to the duty of good faith. Failure to comply with co-location
requirements may result in denial of a permit request or revocation of an existing
permit. In the event a dispute arises as to whether a permittee has exercised good
faith in accommodating other users on the proposed structure, the Administrator
may require the Applicant to obtain a third-party technical study at the Applicant’s
expense. The Administrator may review any information submitted by the
Applicant and permittee(s) in determining whether good faith has been exercised.
3. Exceptions
No co-location may be required where the shared use would or does result in
significant interference with the broadcast or reception capabilities of the existing
wireless communication facilities or the failure of the facilities to meet federal
standards for emissions.
F. Removal of Abandoned Antennas & Wireless Support Structures
Any wireless support structure and apparatuses that are not operated for a
continuous period of one (1) year shall be considered abandoned, and the owner of
such facility shall remove the wireless support structures and apparatuses within
ninety (90) calendar days of receipt of notice from the Person County notifying the
owner of such abandonment through a Notice of Violation and the potential for civil
penalties to be imposed. If there are two (2) or more users of a single wireless support
structure, then this provision shall not become effective until all users cease using the
wireless support structure for the prescribed period. “Physically remove” shall
include, but not be limited to:
1. Removal of antennas, mount, equipment shelters and security barriers from the
subject property.
2. Proper disposal of the waste materials from the site in accordance with local and
state solid waste disposal regulations.
3. Restoring the location of the facility to its natural condition, except that any
landscaping and grading shall remain in the after condition.
G. Non-Conforming Wireless Support Structures
1. No Expansion of Non-Conforming Structures
No non-conforming wireless support structure shall be expanded except in
accordance with the provisions of this Ordinance.
2. Pre-existing Wireless Support Structures
Preexisting wireless support structures constructed prior to the adoption of this
Ordinance shall be allowed to continue their usage as they presently exist. Routine
maintenance (including replacement with a new wireless support structure of like
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construction and height) shall be permitted on such preexisting structures. New
construction other than routine maintenance on a preexisting wireless support
structures shall comply with the requirements of this Ordinance.
3. Rebuilding Damaged or Destroyed Non-Conforming Wireless Support Structures
Notwithstanding this Ordinance, bona fide non-conforming wireless support
structures or antennas that are damaged or destroyed by weather events or other
non-manmade causes to conform to the requirements of this Ordinance provided
the type, height, and location of the structure onsite shall be of the same type and
intensity as the original facility, provided, however, that any destroyed lattice or
guyed wireless support structure shall be replaced with a monopole structure
only. If no permit is obtained or if said permit expires, the structure shall be
deemed abandoned.
H. Co-location of Small Wireless Facilities
1. Co-location of small wireless facilities are permitted pursuant to NCGS § 160D-
935.
2. The use of public rights-of-way for co-location of small wireless facilities shall be
subject to NCGS § 160D-936, including the following:
a. Each new utility pole and each modified or replacement utility pole installed
in the right-of-way shall not exceed 50-ft. above ground level.
b. Each new small wireless facility in the right-of-way shall not extend more than
10-ft. above the utility pole or wireless support structure on which it is
collocated.
c. Nothing in this Ordinance is intended to authorize a person to place, maintain,
modify, operate, or replace a privately-owned utility pole or wireless support
structure or to collocate small wireless facilities on a privately-owned utility
pole, a privately-owned wireless support structure, or other private property
without the consent of the property owner.
d. Wireless providers shall repair all damage within a right-of-way directly caused
by the activities of the wireless provider, while occupying, installing, repairing,
or maintaining wireless facilities, wireless support structures or utility poles
and to return the right-of-way to its functional equivalence before the
damage.
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ARTICLE 6. DEVELOPMENT STANDARDSAAAARRRRRRRTTTTTTTIIIIIICCCCCCCLLLLLEEEEEEE 666666666.... DDDDDDDDEEEEEEVVVVVEEEELLLLLOOOOOOPPPPMMMMMMMMMEEEEEEEEEEEEEEEEENNNNNNNNNNNNNNNNNTTTTTTTTTTTTTTTTTTT SSSSSSSSSSSSSSSSSTTTTTTTTTTTTTTTTTTAAAAAAAAAAAAAAAAANNNNNNNNNNNNNNNNDDDDDDDDDDDDDAAAAAAAAAAAARRRRRRRRDDDDDDDDDDSSSSSSSSS
ARTICLE 5. SITE DEVELOPMENT STANDARDS
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ARTICLE 5. SITE DEVELOPMENT STANDARDS
5-2
5.1 GENERAL SITE DEVELOPMENT STANDARDS
5.1.1 Suitability of Land
A. Land which has been determined, on the basis of engineering or other expert surveys, to pose
an ascertainable danger to life or property by reason of its unsuitability for the use proposed
shall not be platted for that purpose, unless and until the developer has taken the necessary
measures to correct said conditions and to eliminate said dangers.
B. Areas that have been used for disposal of solid waste shall not be subdivided unless tests by
a structural engineer and a soils expert determine that the land is suitable for development.
C. All development proposals shall be consistent with the need to minimize flood damage in
accordance with regulations of the Flood Damage Prevention regulations in this Ordinance.
5.1.2 Lot Use
A. No building or land shall hereafter be used and no building or part thereof shall be erected,
moved or altered except in conformity with the regulations herein specified for the district in
which it is located, except as provided in this Ordinance.
B. Except for two-family and multi-family dwellings, where permitted, in any district, one (1)
principal building (structure) shall be permitted for a dwelling unit on a single lot, which meets
the minimum requirements of this Ordinance. Where accessory structures may be permitted
on a single lot with the principal structure dwelling unit, and as permissible within this
Ordinance, one (1) of the accessory structures many also be an ADU located on the same
single lot with the principal structure dwelling unit.
Figure 5-1: Principal and Accessory Structures
C. For nonresidential or mixed-use sites, a detached building or a group of detached buildings
may be permitted on a single lot, subject to the requirements of this Ordinance.
5.1.3 Lot of Record
A. No yard or lot existing at the effective date of this Ordinance shall be reduced in size or area
below the minimum requirements set forth herein and become a legally non-conforming lot
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5-3
of record. Lots or record created after the effective date of this Ordinance shall meet the
minimum requirements established by this Ordinance and be legal lots of record.
B. Notwithstanding the foregoing, whenever two (2) or more adjoining vacant lots of record are
in a single ownership at any time after the adoption of this Ordinance and such lots
individually have less area or width than the minimum requirements of the district in which
such lots are located, such lots shall be combined or recombined to meet the minimum lot
standards prior to development on any such lot.
5.1.4 Lot Access
A. For individual lots, every lot shall front or adjacent to a dedicated street or a private road
constructed in accordance with the provisions of this Ordinance with a stabilized base, sub-
base, asphalt, gravel, or concrete surface. If access is provided with direct driveway
connection to a public or private road, no access easement is required. Where access is
required across another property ownership to achieve connection to a private or public road
or lots located within subdivisions with three (3) lots or more, a 50-ft. wide access easement
shall be recorded across those lots and a minimum of 15-ft. wide driveway constructed within
that 50-ft. wide access easement. Access shall be maintained in a condition passable and
maneuverable for emergency and service vehicles. Maintenance of driveways shall be the
sole responsibility of the property owner(s) that have the access easement and/or driveway
on their property in perpetuity.
B. No building or structure, for other than agricultural purposes, shall be erected or located, nor
shall any principal use be instituted on an existing lot, which is not adjacent to a dedicated
public road, private road, or access easement, per this Ordinance.
C. Lot access from a driveway or roadway that serves three (3) lots or more, shall obtain a road
name from the County’s Address Coordinator and that road name shall be labeled on all plats
and/or site plans prior to approval.
D. Consecutive adjoining lots that have roadway frontage along a state of federal highway and
may affect the adjacent roadway capacity shall either provide an North Carolina Department
of Transportation (NCDOT) Driveway Permit to the County during the time of application,
indicate on the plan that shared driveways are an approved concept from the NCDOT, or
provide a parallel 50-ft. wide access easement across the roadway frontage of each lot on a
plat or site plan.
5.1.5 Lot Layout
A. Lot sizes, shapes, and locations shall be made with due regard to topographic conditions,
contemplated use, and the surrounding area. Land subject to flooding and land deemed by
the Planning Board to be uninhabitable for other reasons shall not be platted for residential
occupancy, nor for such other uses as may increase danger to health, life or property, or
aggravate the flood hazard, but such land as may be set aside for such uses as will not be
endangered by periodic or occasional inundation, or will not produce unsatisfactory living
conditions.
B. Proposed lot lines and the centerline of a proposed street may be coterminous, provided
however that a 10-ft. utility easement is located within the proposed street right-of-way.
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Further, that portion of the lot which is located within the proposed street right-of-way may
be used to comply with minimum lot size requirements of this Ordinance.
C. Side lot lines shall be substantially at right angles or radial to street lines.
5.1.6 Flag Lots
A. A flag lot is a legal lot of record that includes a narrow “flagpole” strip extending from the
street and a much wider “flag” section lying immediately behind a lot or lots having the
required width at the building line for a conventional lot. The “flagpole” section may be
irregularly shaped and is part of the fee simple lot in property ownership (not an adjacent
easement).
B. If not properly regulated, flag lots can have a serious impact on land development, drainage,
traffic, aesthetics, emergency access, fire protection, and the overall character of a
neighborhood. Because of these potential negative impacts, flag lots should be considered a
“remedial” action, to be approved only when there is no other option for providing access to
a parcel. Therefore, Person County discourages and restricts forming flag lots. A flag lot, if
necessary to allow a property owner reasonable use and benefit from his/her land or to
alleviate situations which would otherwise cause extreme hardship for him/her, flag lots are
allowed only:
1. Where necessary to eliminate access onto arterials.
2. To reasonably utilize irregularly shaped land.
3. To reasonably utilize land with difficult topography.
4. To reasonably utilize land with limited site suitable for septic tank nitrification.
5. Where it is unlikely that a road created in lieu of a flag lot would ever be extended, or
otherwise needed to provide access to adjoining parcels.
6. To provide for the protection of significant natural or cultural resources.
C. In the case of a flag lot, the lot line at the end of the flagpole lying generally parallel to the
street to which the flagpole connects shall be considered the front lot line for setback
purposes.
Figure 5-2: Flag Lot Front Setback
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ARTICLE 5. SITE DEVELOPMENT STANDARDS
5-5
D. No flag lot will be allowed if it increases the number of access points onto a State-maintained
road. Flag lots are prohibited behind flag lots when they both access the same road. The
minimum width of the “flagpole” is 35-ft. The area of the “flagpole” portion of the flag lot
shall not be included in the calculation of minimum lot area.
5.2 DENSITY, INTENSITY, & DIMENSIONAL STANDARDS
5.2.1 General Provisions
A. Minimum lot sizes established for each district may be increased to provide adequate area to
Department of Environmental Health standards for on-site well and septic. Where public or
private water and sewer facilities are not available and individual water supplies or individual
sewage disposal systems are planned, the developer, at his or her own expense, shall have
the site investigated under the supervision of the Department of Environmental Health or
other person approved by the Department of Environmental Health to determine whether or
not such individual facilities are feasible and shall present evidence to the Administrator that
appropriate soil tests have been conducted and each lot in the subdivision not served by
public or private water and sewage disposal systems has been approved by the Department
of Environmental Health for individual water supplies and/or sewage disposal systems. The
site investigation for sewage disposal shall include sufficient number of percolation tests, and
test holes of sufficient depth to determine the absorption capacity of the soil and the
locations of the groundwater table, and of rock formations and other impervious strata, as
determined by the Department of Environmental Health.
B. In all zoning districts, corner lots and double frontage or through lots shall provide the
minimum yard requirements for front yards along both street fronts. A corner lot has a front
yard, primary building, and property address oriented towards the primary street and the
side yard on the secondary street. A double frontage lot has a front yard, primary building,
and property address oriented towards the primary street and a rear yard on the secondary
street. A double frontage lot may also be a corner lot.
C. Where a property is adjacent to a street right-of-way or access easement, the setback shall
be measured from the right-of-way or easement line.
D. The front setbacks of lots shall be established where the lot width is met.
E. On a corner lot in any district no planting, structure, fence, wall, or other obstruction to vision
that is more than two (2) feet tall as measured at street level shall be placed in the sight
triangle as set forth in the following table and figure. The sight triangle is the area formed by
a diagonal line connecting two (2) points located on intersecting property lines (or a property
line and the curb or a driveway). The following are the distances used to establish a sight
triangle as measured from the edge-of-pavement of intersecting streets, unless otherwise
required by NCDOT:
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Table 5-1: Sight Distance
Figure 5-3: Clear Sight Triangle
F. All structure heights shall be measured as the vertical distance from the mean elevation of
the finished grade along the front of the building to the highest point of a flat roof, or to the
deck line of a mansard roof, or to the mean height level between eaves and ridges for gable,
hip, and gambrel roofs.
Right-of-Way Width (feet) (A) Distance (feet) (B)
Driveway 10
Less than 50 20
50 25
60 30
70 35
80 40
90 45
100 or greater 50
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ARTICLE 5. SITE DEVELOPMENT STANDARDS
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Figure 5-4: Building Height Measurements
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G. All setbacks shall be measured from the property line, road right-of-way, or access easement
to the nearest point of the structure.
Figure 5-5: Setbacks
Figure 5-6: How to Calculate DUA (Dwellings Units Per Acre) & Intensity (Floor Area Ratio)
Total Number of Dwelling Units = DUA
Total Development Area in Acres
Total Building Floor Area = FAR
Gross Lot Area
5.2.2 Density, Intensity, & Dimensional Table
The following table provides the base density and dimensional standards for each zoning district:
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5-9
Table 5-2: Density, Intensity, & Dimensional Table
Zoning
District
Min Lot
Size 1, 2
Min Lot
Width
Front
Setback 3
Corner Side
Setback 3
Side
Setback
Rear
Setback
Max Bldg
Height 4
RD 43,560 SF 100 FT 25 FT (40 FT
on hwy.)
25 FT (40 FT
on hwy.)
20 FT 20 FT 50 FT
R 21,780 SF 50 FT 25 FT (40 FT
on hwy.)
25 FT (40 FT
on hwy.)
15 FT 20 FT 50 FT
NC & HC 43,560 SF 100 FT 25 FT (40 FT
on hwy.)
25 FT (40 FT
on hwy.)
25 FT 30 FT 50 FT
GI 43,560 SF 100 FT 25 FT (40 FT
on hwy.)
25 FT (40 FT
on hwy.)
25 FT 30 FT 100 FT
Notes:
1The area of a lot shall be measured on the contiguous fee simple lot.
2The minimum lot size for residential use is based upon well and septic service provision. For residential use
and within the RD & R zoning districts, where both public or private water and sanitary sewer services are
provided, a minimum lot size reduction to half of the area shall be permitted, with setback dimensions
remaining.
3Front setbacks shall be increased to the distance indicated along numbered state and federal highways.
4The maximum building height does not apply to storage tanks, silos, towers, or public utility services.
5.2.3 Exceptions to Dimensional Standards
A. All properties located within a designated Watershed Protection Overlay shall also comply
with the density and built-upon requirements of this Ordinance, as applicable.
B. The minimum setbacks shall apply to the first two (2) stories of a building with an additional
10-ft. for each additional story or height.
C. In addition to the building setbacks within this Ordinance, there is a Department of
Environmental Health 10-ft. setback from the established construction contour lines at Hyco
Lake and Mayo Lake.
D. Structures for light or heavy industrial uses shall not be subject to height restrictions but must
submit for a certification letter that the proposed building height can be served by local fire
and rescue teams to serve the facility, as certified by a signature from the Fire Marshal and/or
Fire Chief.
5.2.4 Cluster Development
The purpose of Cluster Development design is to preserve agricultural and forestry lands, natural
and cultural features, and environmentally sensitive areas that would be likely lost through
conventional development approaches. Clustering of residential lots is intended to encourage
subdivision design that is more efficient and better suited to the natural features of the land than
a conventional subdivision, by regulating lots based on the lot density standards rather than
minimum lot size standards and by requiring that part of the subdivision not devoted to lots and
roads be set aside as usable open space. This allows smaller lots to be concentrated on those
parts of the subdivision best suited to accommodate development with the least adverse impact.
Clustering also allows smaller and less costly network of roads and utilities and reduces the
amount of impervious surface and stormwater runoff. The open space provided by clustering can
be used to provide recreational opportunities for the subdivision’s residents, to conserve and
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protect significant natural areas and environmentally sensitive areas, and to preserve important
historic resources. Lot widths and setbacks in Cluster Development Major Subdivisions may be
reduced subject to the following requirements:
A. The clustering of lots shall not be allowed on any tract of land less than ten (10) acres in size.
All lots shall be a minimum of 6,000 SF of usable land (not to include any rights-of-way or
easements). For single-family or multi-family attached structures, there shall be no minimum
lot area.
B. The district setbacks shall apply along the boundaries of the development. Side and rear
setbacks within the development may be reduced by up to fifty (50%) percent of the required
district setback.
C. In addition to the requirements for Major Subdivisions, each Preliminary Plat for a Cluster
Development shall provide an Open Space Plan that includes lots lines, parks, trails,
greenways, conservation/preservation areas, master community open space and amenities,
community parking lots, proposed streets, bufferyards, and entryway areas.
Figure 5-7: Conventional Development vs. Cluster Development
5.2.5 Flexibility In Administration
A. In the event that the unusual topography, location of existing buildings, or location or size of
the parcel to be developed would make strict adherence to the requirements of this Article,
serve no meaningful purpose or would make it physically impossible to install and maintain
the required improvements, the Administrator may alter the requirements of this Ordinance
up to ten (10%) percent less than the minimum requirement or ten (10%) percent more than
the maximum requirement, provided the spirit and intent of this section are maintained. This
shall not apply to overall density permitted in the district. Such an alteration may occur only
at the request of the developer, who shall make the request with the submittal of the
development plan in accordance with the requirements of this Ordinance. The vacancy or
non-use of an adjoining parcel shall not constitute grounds for providing relief to the
requirements contained in this Ordinance. Neither shall the desire of an owner to make a
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more intensive use or greater economic use of the property be grounds for reducing the
requirements.
B. Any deviation from the requirements of this Ordinance of greater than ten (10%) percent
shall require review and approval of a Variance by the Board of Adjustment subject to these
requirements.
5.3 ENVIRONMENTAL & OPEN SPACE STANDARDS
5.3.1 Purpose & Intent
The purpose of this Ordinance is to:
A. Protect existing environmental resources including streams, wetlands, water supply
watersheds, floodplains, soils, forest stands, specimen trees and other significant vegetation
and wildlife.
B. Promote the preservation of open space in environmentally sensitive areas.
C. Provide open space and recreational amenities for the residents of the County.
5.3.2 Watershed Protection Overlay Standards for Storys Creek, Knap of Reeds Creek, Little
River, South Hyco Creek, Flat River, & Tar River Watersheds
5.3.2.1 Purpose & Intent
In 1989, the NC General Assembly ratified the Water Supply Protection Act mandating the
protection of all water supplies within the State. Subsequently, water supply rules were
adopted by the Environmental Management Commission in 1992 requiring local
governments to adopt and enforce local ordinances complying with minimum watershed
protection requirements. These rules will be applied by Person County in accordance with
the requirements of the North Carolina Environmental Management Commission. In
general, this is accomplished with Watershed Protection Overlay, regulating land use,
development density and built upon areas for lands located in a water supply watershed
within Person County's Planning Jurisdiction, as described herein and in conjunction with
federal, state laws, and local ordinances designed to protect water quality.
5.3.2.2 Application Criteria
The Watershed Protection Overlay that overlays other zoning districts established in this
Ordinance. As of January 1, 1994, the new use of land, or new structure within any
Watershed Protection Overlay District shall comply with the provisions of this Ordinance,
as well as the use regulations applicable to the underlying zoning district. Whenever
standards of the underlying district differ from the Watershed Protection Overlay District,
the more restrictive provisions shall apply.
5.3.2.3 Exemptions
A. Single-family Lot. A deeded single-family lot owned by an individual, established prior
to January 1, 1994, regardless of whether a vested right has been established, shall
not be subject to the restrictions of this Ordinance. Nothing in this Ordinance shall be
construed to require the recombination of non-conforming lots of record.
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B.Existing Development. Existing development is not subject to the requirements of this
Ordinance. Existing developments include projects (structures, roads, etc.) that are
built or at a minimum have established a vested right under North Carolina Zoning
Law as of December 31, 1993, based on at least one of the following criteria:
1. Substantial expenditures of resources (time, labor, money) based on a good faith
reliance upon having received the County approval to proceed.
2. Having an outstanding valid building permit in compliance with 160D-102 and
100(d).
3. Meeting the court-created common law or constitutional standards of substantial
expenditure of resources (time, labor, or money) based on a good faith reliance
upon receiving valid approval from the Person County Board of Commissioners to
proceed with the project.
C. Redevelopment of Project Sites. An existing development, as defined above, may be
redeveloped after a natural disturbance or as part of the project redevelopment
provided that the rebuilding activity does not have a net increase in the built-upon
area. A single-family residence, established prior to January 1, 1994, may be
redeveloped without any restrictions under the Watershed Protection Overlay.
D. Expansions of Existing or New Development. Expansions to existing development or
new development are permitted as follows:
1. Expansions to single-family residence built before January 1, 1994, are permitted
without any restrictions under the Watershed Protection Overlay.
2. Expansions to all other structures classified as existing development must meet
the requirements of the Watershed Protection Overlay, except, the built-upon
area of the existing development is not required to be included in the density
calculations.
3. Expansions to structures other than existing development must meet the density
requirements for the entire project. For example, if the structure to be expanded
is not grandfathered as "existing development" but was built after December 31,
1993, then the total project, including the existing built upon areas and expanded
built upon areas, must meet the requirements of the Watershed Protection
Overlay.
5.3.2.4 Land Use Restrictions
All uses allowed in the underlying zoning districts are permitted, except as follows:
A. No new landfills are permitted in the Hyco-CA or Storys-CA overlays.
B. No new discharging landfills are permitted in the Hyco-BW, Knap-BW, Little-BW, Flat
BW overlays. In view of state regulations and requirements for a permit from DWR
and the Division of Solid Waste, the Person County Sludge Ordinance was rescinded
by the Person County Board of Health in September of 1997.
C. There are no additional land use restrictions in the Tar-PA overlay.
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5.3.2.5 Density & Built-Upon Limits
In addition to the density, intensity, and dimensional standards set forth in Table 6-2, all
structures that are also within a Watershed Protection Overlay and are not exempted,
shall comply with the requirements listed in Table 6-3 below:
Table 5-3: Non-Exempt Development Watershed Overlay Limitations
Watershed
Overlay
Residential Density
Built-Upon Area
Non-Residential Intensity
Built-Upon Area
Storys-CA
Hyco-CA
0.5 DUA or 6% built-upon area Up to 6% built-upon area
Storys-BW
Hyco-BW
Knap-BW
Little-BW
x 1 DUA or 12% built upon area for
detached single-family uses
x Up to 70% built-upon area in up to
10% of the watershed for attached
single-family and multi-family
uses1/
x Up to 12% built upon area for
detached single-family uses
x Up to 70% built-upon area in up to
10% of the watershed1/
Flat-BW x 2 DUA or 24% built upon area for
detached single-family uses
x Up to 70% built-upon area in up to
10% of the watershed for attached
single-family and multi-family
uses1/
x Up to 24% built upon area for
detached single-family uses
x Up to 70% built-upon area in up to
10% of the watershed1/
Tar-PA2 x 2 DUA or 24% built upon area for
detached single-family uses
x For projects without curb & gutter,
3 DUA or 36% built upon area
x Up to 24% built upon area for
detached single-family uses
x For projects without curb & gutter,
36% built upon area
DUA=Dwelling Unit per Acre; CA=Critical Area; BW=Balance of Watershed; & PA=Protected Area
Notes:
1. When utilizing the 70% built-upon area option, stormwater runoff shall be directed away from surface
waters and incorporate best management practices to minimize water quality impacts.
2. Only new development activities that require an erosion and sedimentation plan under state law are
required to meet the provisions of this Ordinance when located in WS-IV watershed.
5.3.2.6 Cluster Development within a Watershed Protection Overlay
Cluster Developments as set forth in this Ordinance are permitted within a Watershed
Protection Overlay, provided that overall project density does not exceed the
requirements stated in this Ordinance and the remainder of the tract remains in a
vegetated or natural state.
5.3.2.7 Stream & Water Supply Impoundment Buffers within a Watershed Protection
Overlay
A. A minimum of a 50-ft. vegetative buffer, unless otherwise stated in this Ordinance,
shall be provided along all perennial streams and waters, as shown on the most recent
version of U.S.G.S. 1:24,000 (7.5’) scale topographic maps. The buffer shall be
measured, as applicable, from either the edge of both sides of the steam or landward
from the normal pool elevation of the perennial water. Projects that utilize the 70%
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built-upon area option shall provide a 100-ft. vegetative buffer along perennial
waters.
B. Subdivision Plats shall contain the following language: “Written authorization from
the DWR may be required for activities that are proposed to occur within the 50-ft.
Neuse River riparian buffer. Local program approvals do not authorize activities within
the riparian buffer.”
C. A minimum 50-ft. buffer, as measured from the normal pool elevation, is required for
all public or private water supply impoundments.
D. No new development is allowed within the buffer. Water dependent structures, other
structures, such as flag poles, signs and security lights which result in only diminutive
increase in impervious area and public projects such as road crossing and greenways
may be allowed where no practical alternative exists. These activities should minimize
built upon surface area, divert runoff away from surface waters and maximize the
utilization of BMP's.
E. Whenever conflicts exist between federal, state or local laws, ordinance or rules, the
more restrictive provision shall apply.
5.3.2.8 Activities Within Watershed Protection Overlays
A. All residential, commercial, and industrial waste water and sewage disposal shall be
governed by applicable NC General Statues and NC Administrative Code.
B. All activities within a water supply watershed shall comply with North Carolina Rules
Governing Public Water Supplies.
C. Use of on-site Stormwater Control Measures (SCMs) are recommended for all non-
residential projects and Minor Subdivision residential projects to provide pre-
treatment and attenuation of nitrates and phosphates before existing a site. Major
Subdivision residential projects shall be required, per phase or within a master system
contemplating all phased development. The SCM measures may include stormwater
management ponds (retention or detention), environmental swales, or creation of a
wetland system that allows catchment of suspended particles before outfall into
adjacent off-site water bodies.
5.3.2.9 Best Management Practices (BMP) Required
A. In all Watershed Protection Overlays, forestry and transportation uses shall utilize
BMPs. In the Storys-CA and Hyco-CA Watershed Protection overlays, agriculture uses
shall also utilize BMPs.
B. Agricultural activities are subject to the provisions of the Food Security Act of 1985
and the Food, Agriculture, Conservation and Trade Act of 1990. In critical areas,
agricultural activities must maintain a 10' vegetated buffer or equivalent control, and
animal operations over 100 animal units must be BMP' s as determined by the Soil
And Water Conservation Commission.
C. Silviculture activities are subject to the provisions of the forest practices guidelines
regulated to water quality per NC Division of Forest Resources and existing
environmental management commission rules administered by DWR.
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D. NCDOT must use BMPs as described in their document 'best management practices
for the protection of surface waters' and in compliance with the Sedimentation
Pollution Control Act of 1973.
5.3.2.10 Watershed Variances
The Board of Adjustment shall act as the Watershed Review Board when processing
Variance requests in reference to the regulations of the Watershed Protection Overlay
(WP-O). In addition to the requirements for a Variance as set forth in this Ordinance, the
following provisions shall also apply the request for a Variance within a WP-O.
A. Minor Variance
1. The Administrator shall notify in writing each local government having jurisdiction
in the watershed of the proposed Minor Variance. Said notice to include a
description of the Variance being requested.
2. Local governments receiving notice of the Variance request may submit
comments to the Administrator prior to a decision by the Person County Board of
Adjustment.
3. The Board of Adjustment may prescribe appropriate conditions and safeguards to
ensure that substantial justice has been done and that the public safety and
welfare has been assured in relationship to watershed protection.
4. Records of a Minor Variance shall be forwarded to DWR for each calendar year,
on or before January 1st of the following year.
B. Major Variance
A request for a Major Variance from the State Watershed Protection Rules shall be
reviewed by the Board of Adjustment in the same manner as a Minor Variance and
the request shall be referred to the North Carolina Environmental Management
Commission in accordance with the following procedures:
1. If the Board of Adjustment decides in favor of granting the Major Variance, the
secretary to the Board of Adjustment shall prepare a preliminary record of the
hearing with all deliberate speed and send to the Environmental Management
Commission. The preliminary record of the hearing shall include: the Variance
application, the hearing notices, the evidence presented, motions, offers of proof,
objections to evidence, and rulings on them, proposed findings and exceptions,
the proposed decision, including all proposed conditions.
2. If the Environmental Management Commission approves the Major Variance as
proposed, approves the Major Variance with additional conditions, or denies the
Major Variance, the Commission shall prepare a decision and send it to the Board
of Adjustment.
3. The Board of Adjustment shall prepare a final decision in accordance with the
Environmental Management Commission’s decision.
5.3.3 Falls Lake Watershed Protection Overlay Standards
5.3.3.1 Authority
The Person County Board of County Commissioners is authorized to adopt this Ordinance
pursuant to North Carolina law, including but not limited to Article 14, Section 5 of the
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Constitution of North Carolina, NCGS § 143-214.7 and rules promulgated by the
Environmental Management Commission thereunder, § 143-215.6A, Chapter 160D-925,
§ 160A, § 174, § 185 and § 143, Article 21, Part 6 (Floodway Regulation), [§ 143-214.5,
Water Supply Watershed Protection], [Chapter 160D Planning and Regulation of
Development].
5.3.3.2 Findings
A. It is hereby determined that:
1. Development and redevelopment alter the hydrologic response of local
watersheds and increases stormwater runoff rates and volumes, flooding, soil
erosion, stream channel erosion, nonpoint and point source pollution, and
sediment transport and deposition, as well as reducing groundwater recharge.
2. These changes in stormwater runoff contribute to increased quantities of water-
borne pollutants and alterations in hydrology that are harmful to public health and
safety as well as to the natural environment.
3. These effects can be managed and minimized by applying proper design and well-
planned controls to manage stormwater runoff from development sites.
B. Further, the Commission has identified Falls of Neuse reservoir, a water supply
reservoir, as nutrient sensitive waters, has identified all or a portion of the reservoir
as impaired waters under the Federal Clean Water Act due to exceedances of the
chlorophyll a standard and has promulgated rules (the “Falls Rules”) to reduce the
average annual loads of nitrogen and phosphorus delivered to Falls Reservoir from all
point and nonpoint sources of these nutrients located within its watershed, including
stormwater from new development in this jurisdiction.
C. Therefore, the Person County Board of County Commissioner’s establishes this set of
water quality and quantity regulations to meet the requirements of state and federal
law regarding control of stormwater runoff and discharge for development.
5.3.3.3 Purpose
The purpose of this Ordinance is to protect, maintain and enhance the public health,
safety, environment, and general welfare by establishing minimum requirements and
procedures to control the adverse effects of nitrogen and phosphorus in stormwater
runoff and nonpoint and point source pollution associated with new development and
redevelopment in the watershed of Falls of Neuse reservoir. It has been determined that
proper management of construction-related and post-development stormwater runoff
will minimize damage to public and private property and infrastructure, safeguard the
public health, safety, and general welfare and protect water and aquatic resources. This
Ordinance seeks to meet its general purpose through the following specific objectives and
means:
A. Establishing decision-making processes for development that protects the integrity of
watersheds and preserve the health of water resources.
B. Requiring that new development and redevelopment maintain the pre-development
hydrologic response in their post-development state for the applicable design storm
to reduce flooding, streambank erosion, nonpoint and point source pollution and
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increases in stream temperature, and to maintain the integrity of stream channels
and aquatic habitats.
C. Establishing minimum post-development stormwater management standards and
design criteria for the regulation and control of stormwater runoff quantity and
quality.
D. Establishing design and review criteria for the construction, function, and use of
structural stormwater BMPs that may be used to meet the minimum post-
development stormwater management standards.
E. Encouraging the use of better management and site design practices, such as the use
of vegetated conveyances for stormwater and the preservation of greenspace,
riparian buffers and other conservation areas to the maximum extent practicable.
F. Establishing provisions for the long-term responsibility for and maintenance of
structural and nonstructural stormwater BMPs to ensure that they continue to
function as designed, are maintained appropriately, and pose no threat to public
safety.
G. Establishing administrative procedures for the submission, review, approval and
disapproval of stormwater management plans, for the inspection of approved
projects, and to assure appropriate long-term maintenance.
5.3.3.4 Applicability & Jurisdiction
A. Beginning with and subsequent the effective date of July 15, 2012, these regulations
shall be applicable to all development and redevelopment within the Falls Lake
Watershed Protection Overlay as depicted on the “Official Person County Watershed
Map”, which is a supplement to the “Official Zoning Map”, including, but not limited
to, Site Plan applications, subdivision applications, and grading applications, unless
exempt under this Ordinance. The “Official Person County Watershed Map” shall also
note the geographic location of all BMP areas and engineered stormwater controls,
as included in the County’s Geographic Information System (GIS).
B. No development or redevelopment shall occur except in compliance with the
provisions of this Ordinance or unless exempted. No development or redevelopment
for which a permit is required pursuant to this Ordinance shall occur except in
compliance with the provisions, conditions, and limitations of the permit.
C. All provisions, terms, phrases, and expressions contained in this Ordinance shall be
construed according to the general and specific purposes. If a different or more
specific meaning is given for a term defined elsewhere in this Ordinance, the meaning
and application of the term in this Ordinance shall control for purposes of application
of this Ordinance.
D. The provisions of this Ordinance shall apply to all land as shown on the “Official Person
County Watershed Map.” This Ordinance shall in no way regulate, restrict, or prohibit
any Bona Fide Farm and its related uses, but any use of such property for non-farm
purposes shall be subject to such regulations. On-site marketing of farm products
produced on the premises shall be exempt from the provisions of this Ordinance.
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5.3.3.5 Exemptions
A. Single-family residential, two-family (duplex) residential, and recreational
development and redevelopment that cumulatively disturbs less than one-half (1/2)
acre and is not part of a larger common plan of development or sale is exempt from
the provisions of this Ordinance.
B. Commercial, industrial, institutional, multifamily residential or local government
development and redevelopment that cumulatively disturbs less than 12,000 SF and
is not part of a larger common plan of development or sale is exempt from the
provisions of this Ordinance.
C. Development and redevelopment that disturbs less than the above thresholds are not
exempt if such activities are part of a larger common plan of development or sale and
the larger common plan exceeds the relevant threshold, even though multiple,
separate or distinct activities take place at different times on different schedules.
D. Development that is exempt from permit requirements of Section 404 of the Federal
Clean Water Act as specified in 40 CFR 232 (primarily, ongoing farming and forestry
activities) are exempt from the provisions of this Ordinance.
5.3.3.6 Administration
The Planning & Zoning Director, serving as the Zoning Administrator of this Ordinance,
shall administer these requirements. The Administrator shall oversee the enforcement
of this Ordinance and delegate tasks to Planning & Zoning Department Staff as
appropriate.
5.3.3.7 Design Manual
“Design Manual” refers to the latest edition of the North Carolina Department of
Environmental Quality (NCDEQ) Stormwater Design Manual.
A. The Administrator shall use the policy, criteria, and information, including technical
specifications and standards, in the Design Manual as the basis for decisions about
stormwater permits and about the design, implementation and performance of
engineered stormwater controls and other practices for compliance with this
Ordinance.
B. The Design Manual includes a list of acceptable stormwater treatment practices,
including specific design criteria for each stormwater practice. Stormwater treatment
practices that are designed, constructed, and maintained in accordance with these
design and sizing criteria will be presumed to meet the minimum water quality
performance standards of the Falls Rules.
C. If the specifications or guidelines of the Design Manual are more restrictive or apply
a higher standard than other laws or regulations, that fact shall not prevent
application of the specifications or guidelines in the Design Manual.
D. If the standards, specifications, guidelines, policies, criteria, or other information in
the Design Manual are amended subsequent to the submittal of an application for
approval pursuant to this Ordinance, but prior to approval, the new information shall
control and shall be utilized in reviewing the application and in implementing this
Ordinance with regard to the application.
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5.3.3.8 Review Procedures
A. Stormwater Review as Part of Development Review Process
1. Stormwater approval is required for all development and redevelopment within
the Falls Lake Watershed unless exempt pursuant to this Ordinance. A Stormwater
Plan shall be submitted subsequent to other requirements for development
approval, as applicable in this Ordinance. A supplemental Stormwater Application
and Stormwater Plan shall be included as part of the application package that is
submitted for the applicable development approval process outlined in this
Ordinance. At a minimum, the Stormwater Plan shall describe in detail how post-
development stormwater runoff will be controlled and managed, the design of all
stormwater facilities and practices, and how the proposed project will meet the
requirements of this Ordinance. A supplemental review fee may be charged for
projects located in the Falls Lake Watershed, as established in the County’s
adopted fee schedule.
2. All Stormwater Plans that propose exceeding the thresholds listed in this
Ordinance that are not required to install stormwater control measures, may
voluntarily install stormwater control measures in the form of environmental
swales, retention or detention ponds, or other measures. Voluntarily installing
stormwater control measures with final inspection of construction shall allow the
side and rear setbacks within the development to be reduced by up to fifty (50%)
percent of the required district setbacks.
3. All Stormwater Plans shall be prepared by a qualified registered North Carolina
professional engineer, surveyor, soil scientist or landscape architect, and the
engineer, surveyor, soil scientist or landscape architect shall perform services only
in their area of competence, and shall verify that the design of all stormwater
management facilities and practices meets the submittal requirements for
complete applications, that the designs and plans are sufficient to comply with
applicable standards and policies found in the Design Manual, and that the
designs and plans ensure compliance with this Ordinance. The Administrator and
relevant members of the TRC shall review the application and determine whether
the application complies with the standards of this Ordinance.
4. During the pre-application meeting for the relevant development approval
process outlined in this Ordinance, the stormwater management measures
necessary for the proposed project, an assessment of constraints, opportunities
and potential approaches to stormwater management designs before formal site
design engineering is commenced. Local watershed plans, and other relevant
resource protection plans should be consulted in the discussion of the Concept
Plan. To accomplish this goal, the following information should be included in the
Preliminary Plat, which should be submitted in advance of the pre-application
meeting:
a. Existing Conditions/Proposed Site Plans
Existing conditions and proposed site layout Concept Plans, which illustrate at
a minimum: existing and proposed topography, perennial and intermittent
streams, mapping of predominant soils from soil surveys (if available), stream
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and other buffers and features used in designing buffers and meeting any
applicable buffer requirements, boundaries of existing predominant
vegetation, proposed limits of clearing and grading and location of existing and
proposed roads, buildings, parking areas and other impervious surfaces.
b. Natural Resources Inventory
A written or graphic inventory of natural resources at the site and surrounding
area as it exists prior to the commencement of the project. This description
should include a discussion of soil conditions, forest cover, geologic features,
topography, wetlands, and native vegetative areas on the site, as well as the
location and boundaries of other natural feature protection and primary and
secondary conservation areas such as lakes, ponds, floodplains, stream buffers
as described in this Ordinance and other setbacks (e.g., drinking water well
setbacks, septic setbacks, etc.) Particular attention should be paid to
environmentally sensitive features that provide particular opportunities or
constraints for development and stormwater management.
c. Stormwater Management System Conceptual Plan
A written or graphic conceptual plan of the proposed post-development
stormwater management system including: preliminary selection and location
of proposed engineered stormwater controls, low-impact design elements,
location of existing and proposed conveyance systems such as grass channels,
swales, forebays, and storm drains, flow paths, location of
floodplain/floodway limits, relationship of site to upstream and downstream
properties and drainages, and preliminary location of any proposed stream
channel modifications, such as bridge or culvert crossings.
B. Stormwater Approval
1. If the Administrator finds that the application complies with the standards of this
Ordinance, then the Administrator shall approve the stormwater portion of the
development approval request. The Administrator may impose conditions of approval
as needed to ensure compliance with this Ordinance. The conditions shall be included
as part of the approval.
2. If the Administrator finds that the application fails to comply with the standards of
this Ordinance, the Administrator shall notify the Applicant and shall indicate how the
application fails to comply. The Applicant shall have an opportunity to submit a
revised application.
3. Upon completion of a project, and before a certificate of occupancy shall be granted,
the Applicant shall certify that the completed project is in accordance with the
approved stormwater management plans and designs, and shall submit actual “As-
built” plans for all stormwater management facilities or practices after final
construction is completed.
4. The plans shall show the final design specifications for all stormwater management
facilities and practices and the field location, size, depth, and planted vegetation of all
measures, controls, and devices, as installed. The designer of the stormwater
management measures and plans shall certify, under seal, that the As-built
stormwater measures, controls, and devices are in compliance with the approved
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stormwater management plans and designs and with the requirements of this
Ordinance. A final inspection and approval by the Administrator shall occur before the
release of any performance securities.
5. No certificate of compliance or occupancy shall be issued by the Person County
Department of Inspections without final As-built plans and a final inspection and
approval by the Stormwater Administrator, except where multiple units are served by
the stormwater practice or facilities, in which case the Person County Building
Inspections Department may elect to withhold a percentage of permits or certificates
of occupancy until As-built plans are submitted and final inspection and approval has
occurred.
C. Revision and Subsequent Review
A complete revised application shall be reviewed by the Administrator after its re-
submittal and shall be approved, approved with conditions or disapproved. If a revised
application is not resubmitted within thirty (30) calendar days from the notification date
to the Applicant, then the application shall be considered null and void. One re-submittal
of a revised application may be submitted without payment of an additional review fee.
Any re-submittal after the first re-submittal shall be accompanied by a permit review fee
additional fee, as established pursuant to the adopted County fee schedule.
D. Effect of Approval
The approved Stormwater Plan as part of a Zoning Permit or Subdivision approval shall
govern the design, installation, and construction of stormwater management and control
practices on the site, including engineered stormwater controls and elements of site
design for stormwater management other than engineered stormwater controls. The
Stormwater Plan is intended to provide a mechanism for the review, approval, and
inspection of the approach to be used for the management and control of stormwater for
the development or redevelopment site consistent with the requirements of this
Ordinance, whether the approach consists of engineered stormwater controls or other
techniques such as low-impact or low-density design. The approved Stormwater Plan
does not continue in existence indefinitely after the completion of the project, rather,
compliance after project construction is assured by the maintenance provisions of this
Ordinance.
E. Time Limit/Expiration
An approved plan shall become null and void if the Applicant fails to make substantial
progress on the site within one year after the date of approval. The Stormwater
Administrator may grant a single, one-year extension of this time limit, for good cause
shown, upon receiving a written request from the Applicant before the expiration of the
approved plan. In granting an extension, the Administrator may require compliance with
standards adopted since the original application was submitted unless there has been
substantial reliance on the original permit and the change in standards would infringe the
Applicant’s vested rights.
F. Right of Appeal
Any aggrieved person affected by any decision, order, requirement, or determination
relating to the interpretation or application of this Ordinance made by the Administrator,
may file an appeal to the Board of Adjustment within thirty (30) calendar days in the
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manner prescribed in this Ordinance. In the case of requests for review of proposed civil
penalties for violations of this Ordinance, the Board of Adjustment shall make a final
decision on the request for review within ninety (90) calendar days of receipt of the date
the request for review is filed.
5.3.3.9 Falls Lake Watershed Development Standards
A. General Standards
All development and redevelopment to which this Ordinance applies shall comply
with these development standards. The approval of the Stormwater Plan, as part of
the overall development approval, shall require an enforceable restriction on
property usage that runs with the land, such as a recorded deed restriction or
protective covenants, to ensure that future development and redevelopment
maintains the site consistent with the approved project plans.
B. Nitrogen & Phosphorus Loading (low impact development may be used as an
alternative to the criteria listed below).
1. Nitrogen and phosphorus loads contributed by the proposed new development
shall not exceed the following unit-area mass loading rates: 2.2 and 0.33 pounds
per acre per year for nitrogen and phosphorus, respectively.
2. Redevelopment that is subject to this Ordinance that would replace or expand
existing structures or improvements and would result in a net increase in built-
upon area, shall have the option of either meeting the loading standards or
meeting a loading rate that achieves the following nutrient loads compared to the
existing development: forty (40%) percent and 77% reduction for nitrogen and
phosphorus, respectively.
3. The developer shall determine the need for engineered stormwater controls to
meet these loading rate targets by using the approved accounting tool.
4. The nitrogen and phosphorus loading standards in this Ordinance are
supplemental to, not replacements for, stormwater standards otherwise required
by federal, state or local law, including without limitation any riparian buffer
requirements applicable to the location of the development.
C. Control & Treatment of Runoff Volume
Stormwater systems shall be designed to control and treat the runoff generated from
all surfaces by one inch of rainfall. The treatment volume shall be drawn down
pursuant to standards specific to each practice as provided in the Design Manual. To
ensure that the integrity and nutrient processing functions of receiving waters and
associated riparian buffers are not compromised by erosive flows, stormwater flows
from the development shall not contribute to degradation of waters of the State. At
a minimum, the development shall not result in a net increase in peak flow leaving
the site from pre-development conditions for the one-year, 24-hour storm event.
D. Evaluation of Standards for Stormwater Control Measures
1. Evaluation According to Contents of Design Manual
All stormwater control measures, stormwater systems and stormwater treatment
practices (also referred to as Best Management Practices, or BMPs) required
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under this Ordinance shall be evaluated by the Stormwater Administrator
according to the policies, criteria, and information, including technical
specifications and standards and the specific design criteria for each stormwater
practice, in the Design Manual. The Stormwater Administrator shall determine
whether proposed BMPs will be adequate to meet the requirements of this
Ordinance.
2. Determination of Adequacy, Presumptions and Alternatives
Stormwater treatment practices that are designed, constructed, and maintained
in accordance with the criteria and specifications in the Design Manual and the
approved accounting tool will be presumed to meet the minimum water quality
and quantity performance standards of this Ordinance. Whenever an Applicant
proposes to utilize a practice or practices not designed and constructed in
accordance with the criteria and specifications in the Design Manual, the
Applicant shall have the burden of demonstrating that the practice(s) will satisfy
the minimum water quality and quantity performance standards of this
Ordinance. The Stormwater Administrator may require the Applicant to provide
the documentation, calculations, and examples necessary for the Stormwater
Administrator to determine whether such an affirmative showing is made.
E. Dedication of BMPs, Facilities & Improvements
Person County may accept dedication of any existing or future stormwater
management facility for maintenance, provided such facility meets all the
requirements of this Ordinance and includes adequate and perpetual access and
sufficient area, by easement or otherwise, for inspection and regular maintenance.
5.3.3.10 Variance Procedures
Requests for Variances from the provisions of this Ordinance shall be taken in the manner
prescribed for Watershed Variances.
5.3.3.11 Maintenance
A. General Standards for Maintenance
1. Function of BMPs as Intended
The owner of each engineered stormwater control installed pursuant to this
Ordinance shall maintain and operate it so as to preserve and continue its function
in controlling stormwater quality and quantity at the degree or amount of function
for which the engineered stormwater control was designed.
2. Annual Maintenance Inspection and Report
The person responsible for maintenance of any engineered stormwater control
installed pursuant to this Ordinance shall submit to the Stormwater Administrator
an inspection report from one of the following persons performing services only
in their area of competence: a qualified registered North Carolina professional
engineer, surveyor, landscape architect, soil scientist, aquatic biologist, or person
certified by the North Carolina Cooperative Extension Service for stormwater
treatment practice inspection and maintenance. The inspection report shall
contain all of the following:
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a. The name and address of the land owner.
b. The recorded book and page number of the lot of each engineered stormwater
control.
c. A statement that an inspection was made of all engineered stormwater
controls.
d. The date the inspection was made.
e. A statement that all inspected engineered stormwater controls are performing
properly and are in compliance with the terms and conditions of the approved
maintenance agreement required by this Ordinance.
f. The original signature and seal of the engineer, surveyor, or landscape
architect.
g. All inspection reports shall be on forms supplied by the Administrator. An
original inspection report shall be provided to the Administrator beginning one
year from the date of As-built certification and each year thereafter on or
before the date of the As-built certification.
3. Unmanned Public Utilities
The Administrator may approve inspection requirements for unmanned public
utilities that are less stringent than those set out in the Design Manual, provided
an annual inspection is conducted at least once per calendar year and, after each
1-year, 24-hour storm. An alternate inspection frequency for unmanned public
utilities may be approved to achieve the aims of the Stormwater Ordinance and/or
to protect health and safety. For the purposes hereof, “public utility” shall be
defined as set out in NCGS Article 1, § 62.
B. Operation & Maintenance Agreement
1. In General
a. Prior to the conveyance or transfer of any lot or building site to be served by
an engineered stormwater control pursuant to this Ordinance, and prior to
issuance of any permit for development requiring an engineered stormwater
control pursuant to this Ordinance, the Applicant or owner of the site must
execute an operation and maintenance agreement that shall be binding on all
subsequent owners of the site, portions of the site, and lots or parcels served
by the engineered stormwater control. Until the transference of all property,
sites, or lots served by the engineered stormwater control, the original owner
or Applicant shall have primary responsibility for carrying out the provisions of
the maintenance agreement.
b. The operation and maintenance agreement shall require the owner or owners
to maintain, repair and, if necessary, reconstruct the engineered stormwater
control, and shall state the terms, conditions, and schedule of maintenance
for the engineered stormwater control. In addition, it shall grant to Person
County a right of entry in the event that the Administrator has reason to
believe it has become necessary to inspect, monitor, maintain, repair, or
reconstruct the engineered stormwater control. However, in no case shall the
right of entry, of itself, confer an obligation on Person County to assume
responsibility for the engineered stormwater control.
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c. The operation and maintenance agreement must be approved by the
Stormwater Administrator prior to plan approval, and it shall be referenced on
the Final Plat and shall be recorded with the County Register of Deeds upon
Final Plat approval. A copy of the recorded maintenance agreement shall be
given to the Administrator within fourteen (14) calendar days following its
recordation.
2. Special Requirement for Homeowner & Other Associations
For all engineered stormwater controls required pursuant to this Ordinance and
that are to be or are owned and maintained by a Homeowner Association,
property owners’ association, or similar entity, the required operation and
maintenance agreement shall include all of the following provisions:
a. Acknowledgment that the association shall continuously operate and
maintain the stormwater control and management facilities.
b. Establishment of an escrow account, which can be spent solely for sediment
removal, structural, biological or vegetative replacement, major repair, or
reconstruction of the engineered stormwater controls. If engineered
stormwater controls are not performing adequately or as intended or are
not properly maintained, Person County, in its sole discretion, may remedy
the situation, and in such instances Person County shall be fully reimbursed
from the escrow account. Escrowed funds may be spent by the association
for sediment removal, structural, biological or vegetative replacement,
major repair, and reconstruction of the engineered stormwater controls,
provided that Person County shall first consent to the expenditure.
c. Both developer contribution and annual sinking funds shall fund the escrow
account. Prior to Plat recordation or issuance of construction permits,
whichever shall first occur, the developer shall pay into the escrow account
an amount equal to fifteen (15%) percent of the initial construction cost of
the engineered stormwater controls. Two-thirds (2/3) of the total amount of
sinking fund budget shall be deposited into the escrow account within the
first 5-years and the full amount shall be deposited within 10-years following
initial construction of the engineered stormwater controls. Funds shall be
deposited each year into the escrow account. A portion of the annual
assessments of the association shall include an allocation into the escrow
account. Any funds drawn down from the escrow account shall be replaced
in accordance with the schedule of anticipated work used to create the
sinking fund budget.
d. The percentage of developer contribution and length of time to fund the
escrow account may be varied by Person County depending on the design
and materials of the stormwater control and management facility.
e. Granting to Person County a right of entry to inspect, monitor, maintain,
repair, and reconstruct engineered stormwater controls.
f. Allowing Person County to recover from the association and its members any
and all costs Person County expends to maintain or repair the engineered
stormwater controls or to correct any operational deficiencies. Failure to pay
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Person County all of its expended costs, after a forty-five (45) calendar day
written notice, shall constitute a breach of the agreement. In case of a
deficiency, Person County shall thereafter be entitled to bring an action
against the association and its members to pay, or foreclose upon the lien
hereby authorized by the agreement against the property, or both. Interest,
collection costs, and attorney fees shall be added to the recovery.
g. A statement that this agreement shall not obligate Person County to
maintain or repair any engineered stormwater controls, and Person County
shall not be liable to any person for the condition or operation of engineered
stormwater controls.
h. A statement that this agreement shall not in any way diminish, limit, or
restrict the right of Person County to enforce any of its ordinances as
authorized by law.
i. A provision indemnifying and holding harmless Person County for any costs
and injuries arising from or related to the engineered stormwater control,
unless Person County has agreed in writing to assume the maintenance
responsibility for the BMP and has accepted dedication of any and all rights
necessary to carry out that maintenance.
C. Inspection Program
Inspections and inspection programs by Person County may be conducted or
established on any reasonable basis, including but not limited to routine inspections,
random inspections, inspections based upon complaints or other notice of possible
violations and joint inspections with other agencies inspecting under environmental
or safety laws. Inspections may include, but are not limited to, reviewing maintenance
and repair records, sampling discharges, surface water, groundwater, and material or
water in BMPs and evaluating the condition of BMPs. If the owner or occupant of any
property refuses to permit such inspection, the Stormwater Administrator shall
proceed to obtain an administrative search warrant pursuant to NCGS § 15-27.2 or its
successor. No person shall obstruct, hamper or interfere with the Stormwater
Administrator while carrying out his or her official duties.
D. Performance Security for Installation & Maintenance
1. May Be Required
Person County may, at its discretion, require the submittal of a performance
security or bond with surety, cash escrow, letter of credit or other acceptable legal
arrangement prior to issuance of a permit in order to ensure that the engineered
stormwater controls are:
a. Installed by the permit holder as required by the approved stormwater
management plan.
b. Maintained by the owner as required by the operation and maintenance
agreement.
2. Amount
a. Installation
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The amount of an installation performance security shall be the total
estimated construction cost of the BMPs approved under the permit, plus
25%.
b. Maintenance
The amount of a maintenance performance security shall be the present value
of an annuity of perpetual duration based on a reasonable estimate of the
annual cost of inspection, operation and maintenance of the BMPs approved
under the permit, at a discount rate that reflects the jurisdiction’s cost of
borrowing minus a reasonable estimate of long-term inflation.
4. Uses of Performance Security
a. Forfeiture Provisions
The performance security shall contain forfeiture provisions for failure, after
proper notice, to complete work within the time specified, or to initiate or
maintain any actions which may be required of the Applicant or owner in
accordance with this Ordinance, approvals issued pursuant to this Ordinance,
or an operation and maintenance agreement established pursuant to this
Ordinance.
b. Default
Upon default of the owner to construct, maintain, repair and, if necessary,
reconstruct any engineered stormwater control in accordance with the
applicable permit or operation and maintenance agreement, the Stormwater
Administrator shall obtain and use all or any portion of the security to make
necessary improvements based on an engineering estimate. Such expenditure
of funds shall only be made after requesting the owner to comply with the
permit or maintenance agreement. In the event of a default triggering the use
of installation performance security, Person County shall not return any of the
unused deposited cash funds or other security, which shall be retained for
maintenance.
c. Costs in Excess of Performance Security
If Person County takes action upon such failure by the Applicant or owner,
Person County may collect from the Applicant or owner the difference
between the amount of the reasonable cost of such action and the amount of
the security held, in addition to any other penalties or damages due.
d. Refund
Within sixty (60) calendar days of the final approval, the installation
performance security shall be refunded to the Applicant or terminated, except
any amount attributable to the cost (plus 25%) of landscaping installation and
ongoing maintenance associated with the BMPs covered by the security. Any
such landscaping shall be inspected one (1) year after installation with
replacement for compliance with the approved plans and specifications and,
if in compliance, the portion of the financial security attributable to
landscaping shall be released.
E. Notice to Owners
1. Deed Recordation & Indications on a Plat
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The applicable operations and maintenance agreement, conservation easement,
or dedication and acceptance into public maintenance (whichever is applicable)
pertaining to every engineered stormwater control shall be referenced on the
Final Plat and shall be recorded with the County Register of Deeds upon Final Plat
approval. If no Subdivision Plat is recorded for the site, then the operations and
maintenance agreement, conservation easement, or dedication and acceptance
into public maintenance, whichever is applicable shall be recorded with the
County Register of Deeds so as to appear in the chain of title of all subsequent
purchasers under generally accepted searching principles.
2. Signage
Where appropriate in the determination of the Administrator to assure
compliance with this Ordinance, engineered stormwater controls shall be posted
with a conspicuous sign stating who is responsible for required maintenance and
annual inspection. The sign shall be maintained so as to remain visible and legible.
F. Records of Installation & Maintenance Activities
The owner of each engineered stormwater control shall keep records of inspections,
maintenance, and repairs for at least five years from the date of creation of the record
and shall submit the same upon reasonable request to the Administrator.
G. Nuisance
The owner of each stormwater BMP, whether engineered stormwater control or non-
engineered stormwater control, shall maintain it so as not to create or result in a
nuisance condition.
H. Maintenance Easement
Every engineered stormwater control installed pursuant to this Ordinance shall be
made accessible for adequate maintenance and repair by a maintenance easement.
The easement assigned to and responsible for maintenance by the property or
easement owners. The easement shall be recorded and its terms shall specify who
may make use of the easement and for what purposes.
5.3.4 Flood Damage Prevention Standards
5.3.4.1 Statutory Authorization, Findings of Fact, Purpose & Objectives
A. Statutory Authorization
The Legislature of the State of North Carolina has in NCGS Part 6, Article 21 of § 143,
Parts 3 and 4 of Article 18 of § 153A and Part 121, Article 6 of § 153A, delegated to
local governmental units the responsibility to adopt regulations designed to promote
the public health, safety, and general welfare. Therefore, the Person County Board of
Commissioners, Person County, North Carolina, does ordain as follows:
B. Findings of Fact
1. The flood prone areas within the jurisdiction of Person County are subject to
periodic inundation which results in loss of life, property, health and safety
hazards, disruption of commerce and governmental services, extraordinary public
expenditures of flood protection and relief, and impairment of the tax base, all of
which adversely affect the public health, safety, and general welfare.
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2. These flood losses are caused by the cumulative effect of obstructions in
floodplains causing increases in flood heights and velocities and by the occupancy
in flood prone areas of uses vulnerable to floods or other hazards.
C. Statement of Purpose
It is the purpose of this Ordinance to promote public health, safety, and general
welfare and to minimize public and private losses due to flood conditions within flood
prone areas by provisions designed to:
1. Restrict or prohibit uses that are dangerous to health, safety, and property due to
water or erosion hazards or that result in damaging increases in erosion, flood
heights or velocities,
2. Require that uses vulnerable to floods, including facilities that serve such uses, be
protected against flood damage at the time of initial construction,
3. Control the alteration of natural floodplains, stream channels, and natural
protective barriers, which are involved in the accommodation of floodwaters,
4. Control filling, grading, dredging, and all other development that may increase
erosion or flood damage.
5. Prevent or regulate the construction of flood barriers that will unnaturally divert
flood waters or which may increase flood hazards to other lands.
D. Objectives
The objectives of this Ordinance are to:
1. Protect human life, safety, and health,
2. Minimize expenditure of public money for costly flood control projects,
3. Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public,
4. Minimize prolonged business losses and interruptions,
5. Minimize damage to public facilities and utilities (e.g., water and gas mains,
electric, telephone, cable and sewer lines, streets, and bridges) that are located in
flood prone areas,
6. Minimize damage to private and public property due to flooding,
7. Make flood insurance available to the community through the National Flood
Insurance Program,
8. Maintain the natural and beneficial functions of floodplains,
9. Help maintain a stable tax base by providing for the sound use and development
of flood prone areas.
10. Ensure that potential buyers are aware that property is in a Special Flood Hazard
Area.
5.3.4.2 Definitions
The definitions for the Flood Damage Prevention regulations are located in Appendix B,
Definitions, of this Ordinance.
5.3.4.3 General Provisions
A. Lands to Which this Ordinance Applies
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This Ordinance shall apply to all Special Flood Hazard Areas within the jurisdiction of
Person County.
B. Basis for Establishing the Special Flood Hazard Areas
The Special Flood Hazard Areas are those identified under the Cooperating Technical
State (CTS) agreement between the State of North Carolina and FEMA in its FIS dated
December 6, 2019, shown on FIS for Person County and associated DFIRM panels,
including any electronic data developed as part of the FIS, which are adopted by
reference and declared a part of this Ordinance, and all revisions thereto after January
1, 2021. Future revisions to the FIS and DFIRM panels that do not change flood hazard
data within the jurisdictional authority of Person County are also adopted by
reference and declared a part of this Ordinance. Subsequent Letter of Map Revisions
(LOMRs) and/or Physical Map Revisions (PMRs) shall be adopted within three (3)
months.
C. Establishment of Floodplain Development Permit
A Floodplain Development Permit shall be required in conformance with the
provisions of this Ordinance prior to the commencement of any development
activities within Special Flood Hazard Areas determined in accordance with the
provisions of this Ordinance.
D. Compliance
No structure or land shall hereafter be located, extended, converted, altered, or
developed in any way without full compliance with the terms of this Ordinance and
other applicable regulations.
E. Abrogation & Greater Restrictions
This Ordinance is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this Ordinance and another conflict
or overlap, whichever imposes the more stringent restrictions shall prevail.
F. Interpretation
In the interpretation and application of this Ordinance, all provisions shall be:
1. considered as minimum requirements.
2. liberally construed in favor of the governing body.
3. deemed neither to limit nor repeal any other powers granted under State statutes.
G. Warning & Disclaimer of Liability
The degree of flood protection required by this Ordinance is considered reasonable
for regulatory purposes and is based on scientific and engineering consideration.
Larger floods can and will occur. Actual flood heights may be increased by man-made
or natural causes. This Ordinance does not imply that land outside the Special Flood
Hazard Areas or uses permitted within such areas will be free from flooding or flood
damages. This Ordinance shall not create liability on the part of Person County or by
any officer or employee thereof for any flood damages that result from reliance on
this Ordinance or any administrative decision lawfully made hereunder.
H. Penalties for Violation
Violation of the provisions of this Ordinance or failure to comply with any of its
requirements, including violation of conditions and safeguards established in
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connection with grants of Variance or special exceptions, is subject to the
enforcement procedures and penalties set forth in this Ordinance.
5.3.4.4 Administration
A. Designation of Floodplain Administrator
The Zoning Administrator, hereinafter referred to as the “Floodplain Administrator”,
is hereby appointed to administer and implement the provisions of this Ordinance. In
instances where the Floodplain Administrator receives assistance from others to
complete tasks to administer and implement this Ordinance, the Floodplain
Administrator shall be responsible for the coordination and community’s overall
compliance with the National Flood Insurance Program and the provisions of this
Ordinance.
B. Floodplain Development Application, Permit & Certification Requirements
1. Application Requirements
Application for a Floodplain Development Permit shall be made to the Floodplain
Administrator prior to any development activities located within Special Flood
Hazard Areas. The following items shall be presented to the Floodplain
Administrator to apply for a floodplain development permit:
a. A survey drawn to scale which shall include, but shall not be limited to, the
following specific details of the proposed floodplain development:
i. the nature, location, dimensions, and elevations of the area of
development/disturbance, existing and proposed structures, utility
systems, grading/pavement areas, fill materials, storage areas, drainage
facilities, and other development.
ii. the boundary of the Special Flood Hazard Area as delineated on the FIRM
or other flood map as determined in this Ordinance, or a statement that
the entire lot is within the Special Flood Hazard Area.
iii. flood zone(s) designation of the proposed development area as
determined on the FIRM or other flood map as determined in this
Ordinance.
iv. the boundary of the floodway(s) or non-encroachment area(s) as
determined in this Ordinance.
v. the Base Flood Elevation (BFE) where provided as set forth in this
Ordinance.
vi. the old and new location of any watercourse that will be altered or
relocated as a result of proposed development.
vii. the certification of the Survey by a Professional Land Surveyor or
Professional Engineer.
b. Proposed elevation, and method thereof, of all development within a Special
Flood Hazard Area including but not limited to:
i. Elevation in relation to NAVD 1988 of the proposed reference level
(including basement) of all structures.
ii. Elevation in relation to NAVD 1988 to which any non-residential structure
in Zone AE, A, AH, A99 or AO will be flood-proofed.
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iii. Elevation in relation to NAVD 1988 to which any proposed utility systems
will be elevated or floodproofed.
c. If floodproofing, a Floodproofing Certificate (FEMA Form 81-65) with
supporting data and an operational plan that includes, but is not limited to,
installation, exercise, and maintenance of floodproofing measures.
d. A Foundation Plan, drawn to scale, which shall include details of the proposed
foundation system to ensure all provisions of this Ordinance are met. These
details include but are not limited to:
i. The proposed method of elevation, if applicable (e.g., fill, solid foundation
perimeter wall, solid backfilled foundation, open foundation on
columns/posts/piers/piles/shear walls).
ii. Openings to facilitate automatic equalization of hydrostatic flood forces on
walls in accordance with this Ordinance when solid foundation perimeter
walls are used in Zones A, AE, AH, AO and A99.
e. Usage details of any enclosed areas below the lowest floor.
f. Plans and/or details for the protection of public utilities and facilities such as
sewer, gas, electrical, and water systems to be located and constructed to
minimize flood damage.
g. Certification that all other local, state and federal permits required prior to
floodplain development permit issuance have been received.
h. Documentation for placement of Recreational Vehicles and/or Temporary
Structures, when applicable, to ensure that the provisions of this Ordinance
are met.
i. A description of proposed watercourse alteration or relocation, when
applicable, including an engineering report on the effects of the proposed
project on the flood-carrying capacity of the watercourse and the effects to
properties located both upstream and downstream and a map (if not shown
on a survey) showing the location of the proposed watercourse alteration or
relocation.
2. Permit Requirements
The Floodplain Development Permit shall include, but not be limited to:
a. A complete description of the development to be permitted under the
floodplain development permit (e.g., house, garage, pool, septic, bulkhead,
cabana, pier, bridge, mining, dredging, filling, grading, paving, excavation or
drilling operations, or storage of equipment or materials, etc.)
b. The Special Flood Hazard Area determination for the proposed development
in accordance with available data specified in this Ordinance.
c. The regulatory flood protection elevation required for the reference level and
all attendant utilities.
d. The regulatory flood protection elevation required for the protection of all
public utilities.
e. All certification submittal requirements with timelines.
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f. A statement that no fill material or other development shall encroach into the
floodway or non-encroachment area of any watercourse unless the
requirements of in this Ordinance have been met.
g. The flood openings requirements, if in Zones A, AO, AE, AH or A99.
3. Certification Requirements
a. Elevation Certificates
i. An Elevation Certificate (FEMA Form 81-31) is required prior to the actual
start of any new construction. It shall be the duty of the permit holder to
submit to the Floodplain Administrator a certification of the elevation of
the reference level, in relation to mean sea level. The Floodplain
Administrator shall review the certificate data submitted. Deficiencies
detected by such review shall be corrected by the permit holder prior to
the beginning of construction. Failure to submit the certification or failure
to make required corrections shall be cause to deny a floodplain
development permit.
ii. A final As-built Elevation Certificate (FEMA Form 81-31) is required after
construction is completed and prior to certificate of
compliance/occupancy issuance. It shall be the duty of the permit holder
to submit to the Floodplain Administrator a certification of final As-built
construction of the elevation of the reference level and all attendant
utilities. The Floodplain Administrator shall review the certificate data
submitted. Deficiencies detected by such review shall be corrected by the
permit holder immediately and prior to certificate of
compliance/occupancy issuance. In some instances, another certification
may be required to certify corrected As-built construction. Failure to
submit the certification or failure to make required corrections shall be
cause to withhold the issuance of a certificate of compliance/occupancy.
b. Floodproofing Certificate
i. If non-residential floodproofing is used to meet the regulatory flood
protection elevation requirements, a Floodproofing Certificate (FEMA
Form 81-65), with supporting data, an operational plan, and an inspection
and maintenance plan are required prior to the actual start of any new
construction. It shall be the duty of the permit holder to submit to the
Floodplain Administrator a certification of the floodproofed design
elevation of the reference level and all attendant utilities, in relation to
mean sea level. Floodproofing certification shall be prepared by or under
the direct supervision of a professional engineer or architect and certified
by same. The Floodplain Administrator shall review the certificate data, the
operational plan, and the inspection and maintenance plan. Deficiencies
detected by such review shall be corrected by the Applicant prior to permit
approval. Failure to submit the certification or failure to make required
corrections shall be cause to deny a floodplain development permit.
Failure to construct in accordance with the certified design shall be cause
to withhold the issuance of a certificate of compliance/occupancy.
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ii. A final Finished Construction Floodproofing Certificate (FEMA Form 086-0-
34), with supporting data, an operational plan, and an inspection and
maintenance plan are required prior to the issuance of a Certificate of
Compliance/Occupancy. It shall be the duty of the permit holder to submit
to the Floodplain Administrator a certification of the floodproofed design
elevation of the reference level and all attendant utilities, in relation to
NAVD 1988. Floodproofing certificate shall be prepared by or under the
direct supervision of a professional engineer or architect and certified by
same. The Floodplain Administrator shall review the certificate data, the
operational plan, and the inspection and maintenance plan. Deficiencies
detected by such review shall be corrected by the Applicant prior to
Certificate of Occupancy. Failure to submit the certification or failure to
make required corrections shall be cause to deny a Floodplain
Development Permit. Failure to construct in accordance with the certified
design shall be cause to deny a certificate of compliance/occupancy.
c. If a manufactured home is placed within Zone A, AO, AE, AH or A99 and the
elevation of the chassis is more than 36 inches in height above grade, an
engineered foundation certification is required in accordance with the provisions
of in this Ordinance.
d. If a watercourse is to be altered or relocated, a description of the extent of
watercourse alteration or relocation, a professional engineer’s certified report on
the effects of the proposed project on the flood-carrying capacity of the
watercourse and the effects to properties located both upstream and
downstream and a map showing the location of the proposed watercourse
alteration or relocation shall all be submitted by the permit Applicant prior to
issuance of a floodplain development permit.
e. Certification Exemptions. The following structures, if located within Zone A, AO,
AE, AH or A99, are exempt from the elevation/floodproofing certification
requirements specified in this subsection:
i. Recreational Vehicles meeting requirements of in this Ordinance.
ii. Temporary Structures meeting requirements of this Ordinance.
iii. Accessory structures less than 150 SF meeting requirements of this Ordinance.
4. Determinations for Existing Buildings and Structures. For applications for building
permits to improve buildings and structures, including alterations, movement,
enlargement, replacement, repair, change of occupancy, additions,
rehabilitations, renovations, substantial improvements, repairs of substantial
damage, and any other improvement of or work on such buildings and structures,
the Floodplain Administrator, in coordination with the Building Official, shall:
a. Estimate the market value, or require the Applicant to obtain an appraisal of
the market value prepared by a qualified independent appraiser, of the
building or structure before the start of construction of the proposed work, in
the case of repair, the market value of the building or structure shall be the
market value before the damage occurred and before any repairs are made.
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b. Compare the cost to perform the improvement, the cost to repair a damaged
building to its pre-damaged condition, or the combined costs of improvements
and repairs, if applicable, to the market value of the building or structure.
c. Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage.
d. Notify the Applicant if it is determined that the work constitutes substantial
improvement or repair of substantial damage and that compliance with the
flood resistant construction requirements of the NC Building Code and this
Ordinance is required.
C. Duties & Responsibilities of the Floodplain Administrator
The Floodplain Administrator shall perform, but not be limited to, the following
duties:
1. Review all floodplain development applications and issue permits for all proposed
development within Special Flood Hazard Areas to assure that the requirements
of this Ordinance have been satisfied.
2. Review all proposed development within Special Flood Hazard Areas to assure
that all necessary local, state and federal permits have been received.
3. Notify adjacent communities and the North Carolina Department of Crime Control
and Public Safety, Division of Emergency Management, State Coordinator for the
National Flood Insurance Program prior to any alteration or relocation of a
watercourse, and submit evidence of such notification to the Federal Emergency
Management Agency (FEMA).
4. Assure that maintenance is provided within the altered or relocated portion of
said watercourse so that the flood-carrying capacity is maintained.
5. Prevent encroachments into floodways and non-encroachment areas unless the
certification and flood hazard reduction provisions of this Ordinance are met.
6. Obtain actual elevation (in relation to mean sea level) of the reference level
(including basement) and all attendant utilities of all new and substantially
improved structures, in accordance with this Ordinance.
7. Obtain actual elevation (in relation to mean sea level) to which all new and
substantially improved structures and utilities have been floodproofed, in
accordance with the provisions of this Ordinance.
8. Obtain actual elevation (in relation to mean sea level) of all public utilities in
accordance with the provisions of this Ordinance.
9. When floodproofing is utilized for a particular structure, obtain certifications from
a registered professional engineer or architect in accordance with the provisions
of this Ordinance.
10. Where interpretation is needed as to the exact location of boundaries of the
Special Flood Hazard Areas, floodways, or non-encroachment areas (for example,
where there appears to be a conflict between a mapped boundary and actual field
conditions), make the necessary interpretation. The person contesting the
location of the boundary shall be given a reasonable opportunity to appeal the
interpretation as provided in this Ordinance.
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11. When Base Flood Elevation (BFE) data has not been provided in accordance with
this Ordinance, obtain, review, and reasonably utilize any Base Flood Elevation
(BFE) data, along with floodway data or non-encroachment area data available
from a federal, state, or other source, including data developed pursuant to this
Ordinance, in order to administer the provisions of this Ordinance.
12. When Base Flood Elevation (BFE) data is provided but no floodway or non-
encroachment area data has been provided in accordance with this Ordinance,
obtain, review, and reasonably utilize any floodway data or non-encroachment
area data available from a federal, state, or other source in order to administer
the provisions of this Ordinance.
13. When the lowest floor and the lowest adjacent grade of a structure or the lowest
ground elevation of a parcel in a Special Flood Hazard Area is above the Base Flood
Elevation, advise the property owner of the option to apply for a Letter of Map
Amendment (LOMA) from FEMA. Maintain a copy of the Letter of Map
Amendment (LOMA) issued by FEMA in the floodplain development permit file.
14. Permanently maintain all records that pertain to the administration of this
Ordinance and make these records available for public inspection, recognizing that
such information may be subject to the Privacy Act of 1974, as amended.
15. Make on-site inspections of work in progress. As the work pursuant to a floodplain
development permit progresses, the Floodplain Administrator shall make as many
inspections of the work as may be necessary to ensure that the work is being done
according to the provisions of this Ordinance and the terms of the permit. In
exercising this power, the Floodplain Administrator has a right, upon presentation
of proper credentials, to enter on any premises within the jurisdiction of the
community at any reasonable hour for the purposes of inspection or other
enforcement action.
16. Issue stop-work orders as required. Whenever a building or part thereof is being
constructed, reconstructed, altered, or repaired in violation of this Ordinance, the
Floodplain Administrator may order the work to be immediately stopped. The
stop-work order shall be in writing and directed to the person doing or in charge
of the work. The stop-work order shall state the specific work to be stopped, the
specific reason(s) for the stoppage, and the condition(s) under which the work
may be resumed. Violation of a stop-work order constitutes a Class III
misdemeanor.
17. Revoke floodplain development permits as required. The Floodplain
Administrator may revoke and require the return of the floodplain development
permit by notifying the permit holder in writing stating the reason(s) for the
revocation. Permits shall be revoked for any substantial departure from the
approved application, plans, and specifications, for refusal or failure to comply
with the requirements of State or local laws, or for false statements or
misrepresentations made in securing the permit. Any floodplain development
permit mistakenly issued in violation of an applicable State or local law may also
be revoked.
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18. Make periodic inspections throughout the Special Flood Hazard Areas within the
jurisdiction of the community. The Floodplain Administrator and each member of
his or her inspections department shall have a right, upon presentation of proper
credentials, to enter on any premises within the territorial jurisdiction of the
department at any reasonable hour for the purposes of inspection or other
enforcement action.
19. Follow through with corrective procedures of this Ordinance.
20. Review, provide input, and make recommendations for Variance requests.
21. Maintain a current map repository to include, but not limited to, the FIS Report,
FIRM and other official flood maps and studies adopted in accordance with this
Ordinance, including any revisions thereto including Letters of Map Change,
issued by FEMA. Notify State and FEMA of mapping needs.
22. Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision
Based on Fill (LOMR-F) and Letters of Map Revision (LOMR).
A. Corrective Procedures
Violations of this Ordinance are subject to the enforcement procedures and penalties
set forth in this Ordinance.
B. Variance Procedures
1. The Board of Adjustment as established by Person County, shall hear and decide
requests for Variances from the requirements of this Ordinance. In addition to
the procedural requirements of this Ordinance, the provisions of this subsection
shall apply.
2. Any person aggrieved by the decision of the Board of Adjustment may appeal such
decision to the Court, as provided in NCGS § 7A.
3. Variances may be issued for:
a. the repair or rehabilitation of historic structures upon the determination that
the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and that the Variance is the
minimum necessary to preserve the historic character and design of the
structure.
b. functionally dependent facilities if determined to meet the definition as stated
in this Ordinance, provided provisions of this Ordinance have been satisfied,
and such facilities are protected by methods that minimize flood damages
during the base flood and create no additional threats to public safety.
c. any other type of development, provided it meets the requirements of this
Ordinance.
4. In passing upon Variances, the Board of Adjustment shall consider all technical
evaluations, all relevant factors, all standards specified in other sections of this
Ordinance, and:
a. the danger that materials may be swept onto other lands to the injury of
others.
b. the danger to life and property due to flooding or erosion damage.
c. the susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner.
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d. the importance of the services provided by the proposed facility to the
community.
e. the necessity to the facility of a waterfront location as defined under this
Ordinance as a functionally dependent facility, where applicable.
f. the availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use.
g. the compatibility of the proposed use with existing and anticipated
development.
h. the relationship of the proposed use to the comprehensive plan and floodplain
management program for that area.
i. the safety of access to the property in times of flood for ordinary and
emergency vehicles.
j. the expected heights, velocity, duration, rate of rise, and sediment transport
of the floodwaters and the effects of wave action, if applicable, expected at
the site.
k. the costs of providing governmental services during and after flood conditions
including maintenance and repair of public utilities and facilities such as sewer,
gas, electrical and water systems, and streets and bridges.
5. A written report addressing each of the above factors shall be submitted with the
application for a Variance.
6. Upon consideration of the factors listed above and the purposes of this Ordinance,
the Board of Adjustment may attach such conditions to the granting of Variances
as it deems necessary to further the purposes and objectives of this Ordinance.
7. Any Applicant to whom a Variance is granted shall be given written notice
specifying the difference between the Base Flood Elevation (BFE) and the
elevation to which the structure is to be built and that such construction below
the Base Flood Elevation increases risks to life and property, and that the issuance
of a Variance to construct a structure below the Base Flood Elevation will result in
increased premium rates for flood insurance. Such notification shall be maintained
with a record of all Variance actions, including justification for their issuance.
8. The Floodplain Administrator shall maintain the records of all appeal actions and
report any Variances to the Federal Emergency Management Agency and the
State of North Carolina upon request.
9. Conditions for Variances:
a. Variances shall not be issued when the Variance will make the structure in
violation of other federal, state, or local laws, regulations, or ordinances.
b. Variances shall not be issued within any designated floodway or non-
encroachment area if the Variance would result in any increase in flood levels
during the base flood discharge.
c. Variances shall only be issued upon a determination that the Variance is the
minimum necessary, considering the flood hazard, to afford relief.
d. Variances shall only be issued prior to development permit approval.
e. Variances shall only be issued upon:
i. a showing of good and sufficient cause.
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ii. a determination that failure to grant the Variance would result in
exceptional hardship.
iii. a determination that the granting of a Variance will not result in increased
flood heights, additional threats to public safety, or extraordinary public
expense, create nuisance, cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances.
10. No Variance may be issued for solid waste disposal facilities, hazardous waste
management facilities, commercial salvage yards, and chemical storage facilities
that are located in Special Flood Hazard Areas.
5.3.4.5 Provisions for Flood Hazard Reduction
A. General Standards
In all Special Flood Hazard Areas, the following provisions are required:
1. All new construction and substantial improvements shall be designed (or
modified) and adequately anchored to prevent flotation, collapse, and lateral
movement of the structure.
2. All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage in accordance with the
FEMA Technical Bulletin 2, Flood Damage-Resistant Materials Requirements.
3. All new construction and substantial improvements shall be constructed by
methods and practices that minimize flood damages.
4. All new electrical, heating, ventilation, plumbing, air conditioning equipment, and
other service equipment shall be located at or above the RFPE or designed and
installed to prevent water from entering or accumulating within the components
during the occurrence of the base flood. These include, but are not limited to,
HVAC equipment, water softener units, bath/kitchen fixtures, ductwork,
electric/gas meter panels/boxes, utility/cable boxes, water heaters, and electric
outlets/switches, as follows:
a. Replacement parts of a substantial improvement, electrical, heating,
ventilation, plumbing, air conditioning equipment, and other service
equipment shall also meet the above provisions.
b. Replacements that are for maintenance and not part of a substantial
improvement, may be installed at the original location provided the addition
and/or improvements only comply with the standards for new construction
consistent with the code and requirements for the original structure.
5. All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system.
6. New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharges from the
systems into flood waters.
7. On-site waste disposal systems shall be located and constructed to avoid
impairment to them or contamination from them during flooding.
8. Nothing in this Ordinance shall prevent the repair, reconstruction, or replacement
of a building or structure existing on the effective date of this Ordinance and
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located totally or partially within the floodway, non-encroachment area, or stream
setback, provided there is no additional encroachment below the regulatory flood
protection elevation in the floodway, non-encroachment area, or stream setback,
and provided that such repair, reconstruction, or replacement meets all of the
other requirements of this Ordinance.
9. New solid waste disposal facilities and sites, hazardous waste management
facilities, commercial salvage yards, and chemical storage facilities shall not be
permitted, except by Variance as specified in this Ordinance. A structure or tank
for chemical or fuel storage incidental to an allowed use or to the operation of a
water treatment plant or wastewater treatment facility may be located in a
Special Flood Hazard Area only if the structure or tank is either elevated or
floodproofed to at least the regulatory flood protection elevation and certified in
accordance with the provisions of this Ordinance.
10. All subdivision proposals and other development proposals shall be consistent
with the need to minimize flood damage.
11. All subdivision proposals and other development proposals shall have public
utilities and facilities such as sewer, gas, electrical, and water systems located and
constructed to minimize flood damage.
12. All subdivision proposals and other development proposals shall have adequate
drainage provided to reduce exposure to flood hazards.
13. All subdivision proposals and other development proposals shall have received all
necessary permits from those governmental agencies for which approval is
required by federal or state law, including Section 404 of the Federal Water
Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
14. When a structure is partially located in a Special Flood Hazard Area, the entire
structure shall meet the requirements for new construction and substantial
improvements.
15. When a structure is located in multiple flood hazard zones or in a flood hazard risk
zone with multiple base flood elevations, the provisions for the more restrictive
flood hazard risk zone and the highest base flood elevation shall apply.
B. Specific Standards
In all Special Flood Hazard Areas where Base Flood Elevation (BFE) data has been
provided, as set forth in this Ordinance, the following provisions are required:
1. Residential Construction
New construction and substantial improvement of any residential structure
(including manufactured homes) shall have the reference level, including
basement, elevated no lower than the regulatory flood protection elevation, as
defined in this Ordinance.
2. Non-Residential Construction
New construction and substantial improvement of any commercial, industrial, or
other non-residential structure shall have the reference level, including basement,
elevated no lower than the regulatory flood protection elevation, as defined in
this Ordinance. Structures located in A, AE, AH, AO, and A99 Zones may be
floodproofed to the regulatory flood protection elevation in lieu of elevation
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provided that all areas of the structure, together with attendant utility and
sanitary facilities, below the regulatory flood protection elevation are watertight
with walls substantially impermeable to the passage of water, using structural
components having the capability of resisting hydrostatic and hydrodynamic loads
and the effect of buoyancy. For AO Zones, the floodproofing elevation shall be in
accordance with this Ordinance. A registered professional engineer or architect
shall certify that the standards of this subsection are satisfied. Such certification
shall be provided to the Floodplain Administrator as set forth in this Ordinance,
along with the operational and maintenance plans.
3. Manufactured Homes
a. New and replacement manufactured homes shall be elevated so that the
reference level of the manufactured home is no lower than the regulatory
flood protection elevation, as defined in this Ordinance.
b. Manufactured homes shall be securely anchored to an adequately anchored
foundation to resist flotation, collapse, and lateral movement, either by
certified engineered foundation system, or in accordance with the most
current edition of the State of North Carolina Regulations for Manufactured
Homes adopted by the Commissioner of Insurance pursuant to NCGS § 143-
143.15. Additionally, when the elevation would be met by an elevation of the
chassis 36 inches or less above the grade at the site, the chassis shall be
supported by reinforced piers or engineered foundation. When the elevation
of the chassis is above 36 inches in height, an engineering certification is
required.
c. All enclosures or skirting below the lowest floor shall meet the requirements
of this Ordinance.
d. An evacuation plan must be developed for evacuation of all residents of all
new, substantially improved or substantially damaged manufactured home
parks or subdivisions located within flood prone areas. This plan shall be filed
with and approved by the Floodplain Administrator and the local Emergency
Management coordinator.
4. Elevated Buildings
Fully enclosed area, of new construction and substantially improved structures,
which is below the lowest floor:
a. shall not be designed or used for human habitation, but shall only be used for
parking of vehicles, building access, or limited storage of maintenance
equipment used in connection with the premises. Access to the enclosed area
shall be the minimum necessary to allow for parking of vehicles (garage door)
or limited storage of maintenance equipment (standard exterior door), or
entry to the living area (stairway or elevator). The interior portion of such
enclosed area shall not be finished or partitioned into separate rooms, except
to enclose storage areas.
b. shall not be temperature-controlled or conditioned.
c. shall be constructed entirely of flood resistant materials at least to the
regulatory flood protection elevation.
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d. shall include, in Zones A, AO, AE, AH and A99, flood openings to automatically
equalize hydrostatic flood forces on walls by allowing for the entry and exit of
floodwaters. To meet this requirement, the openings must either be certified
by a professional engineer or architect or meet or exceed the following
minimum design criteria:
i. A minimum of two (2) flood openings on different sides of each enclosed
area subject to flooding.
ii. The total net area of all flood openings must be at least one (1) square
inch for each square foot of enclosed area subject to flooding.
iii. If a building has more than one enclosed area, each enclosed area must
have flood openings to allow floodwaters to automatically enter and exit.
iv. The bottom of all required flood openings shall be no higher than one (1)
foot above the adjacent grade.
v. Flood openings may be equipped with screens, louvers, or other
coverings or devices, provided they permit the automatic flow of
floodwaters in both directions.
vi. Enclosures made of flexible skirting are not considered enclosures for
regulatory purposes, and, therefore, do not require flood openings.
Masonry or wood underpinning, regardless of structural status, is
considered an enclosure and requires flood openings as outlined above.
c. Additions/Improvements
a. Additions and/or improvements to pre-FIRM structures when the addition
and/or improvements in combination with any interior modifications to the
existing structure are:
i. not a substantial improvement, the addition and/or improvements must
be designed to minimize flood damages and must not be any more non-
conforming than the existing structure.
ii. a substantial improvement, both the existing structure and the addition
and/or improvements must comply with the standards for new
construction.
b. Additions to post-FIRM structures with no modifications to the existing
structure other than a standard door in the common wall shall require only
the addition to comply with the standards for new construction.
c. Additions and/or improvements to post-FIRM structures when the addition
and/or improvements in combination with any interior modifications to the
existing structure are:
i. not a substantial improvement, the addition and/or improvements only
must comply with the standards for new construction.
ii. a substantial improvement, both the existing structure and the addition
and/or improvements must comply with the standards for new
construction.
e. Any combination of repair, reconstruction, rehabilitation, addition or
improvement of a building or structure taking place during a one (1) year
period, the cumulative cost of which equals or exceeds fifty (50%) percent of
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the market value of the structure before the improvement or repair is started
must comply with the standards for new construction. For each building or
structure, the one (1) year period begins on the date of the first improvement
or repair of that building or structure subsequent to the effective date of this
Ordinance. Substantial damage also means flood-related damage sustained by
a structure on two separate occasions during a 10-year period for which the
cost of repairs at the time of each such flood event, on the average, equals or
exceeds twenty-five (25%) percent of the market value of the structure before
the damage occurred. If the structure has sustained substantial damage, any
repairs are considered substantial improvement regardless of the actual repair
work performed. The requirement does not, however, include either:
i. Any project for improvement of a building required to correct existing
health, sanitary or safety code violations identified by the building official
and that are the minimum necessary to assume safe living conditions.
ii. Any alteration of a historic structure provided that the alteration will not
preclude the structure’s continued designation as a historic structure.
d. Recreational Vehicles
Recreational vehicles shall either:
1. Temporary Placement
i. Be on site for fewer than consecutively 180 calendar days.
ii. Be fully licensed and ready for highway use. (A recreational vehicle is ready
for highway use if it is on its wheels or jacking system, is attached to the
site only by quick disconnect type utilities, and has no permanently
attached additions).
b. Permanent Placement
Recreational vehicles that do not meet the limitations of Temporary
Placement shall meet all the requirements for new construction.
e. Temporary Non-Residential Structures
Prior to the issuance of a floodplain development permit for a temporary
structure, the Applicant must submit to the Floodplain Administrator a plan for
the removal of such structure(s) in the event of a hurricane, flash flood or other
type of flood warning notification. The following information shall be submitted
in writing to the Floodplain Administrator for review and written approval:
1. a specified time period for which the temporary use will be permitted. Time
specified may not exceed three (3) months, renewable up to one (1) year.
2. the name, address, and phone number of the individual responsible for the
removal of the temporary structure.
3. the time frame prior to the event at which a structure will be removed (e.g.,
minimum of 72 hours before landfall of a hurricane or immediately upon flood
warning notification).
4. a copy of the contract or other suitable instrument with the entity responsible
for physical removal of the structure.
5. designation, accompanied by documentation, of a location outside the Special
Flood Hazard Area, to which the temporary structure will be moved.
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f. Accessory Structures
When accessory structures (sheds, detached garages, etc.) are to be placed within
a Special Flood Hazard Area, the following criteria shall be met:
1. Accessory structures shall not be used for human habitation (including
working, sleeping, living, cooking or restroom areas).
2. Accessory structures shall not be temperature-controlled.
3. Accessory structures shall be designed to have low flood damage potential.
4. Accessory structures shall be constructed and placed on the building site so as
to offer the minimum resistance to the flow of floodwaters.
5. Accessory structures shall be firmly anchored in accordance with the
provisions of this Ordinance.
6. All service facilities such as electrical shall be installed in accordance with the
provisions of this Ordinance.
7. Flood openings to facilitate automatic equalization of hydrostatic flood forces
shall be provided below regulatory flood protection elevation in conformance
with the provisions of this Ordinance.
An accessory structure with a footprint less than 150 SF that satisfies the criteria
outlined above does not require an elevation or floodproofing certificate.
Elevation or floodproofing certifications are required for all other accessory
structures in accordance with this Ordinance.
g. Tanks
When gas and liquid storage tanks are to be placed within a Special Flood Hazard Area,
the following criteria shall be met:
1. Underground Tanks
a. Underground tanks in flood hazard areas shall be anchored to prevent
flotation, collapse or lateral movement resulting from hydrodynamic and
hydrostatic loads during conditions of the design flood, including the effects
of buoyancy assuming the tank is empty.
2. Above-ground tanks, elevated
a. Above-ground tanks in flood hazard areas shall be elevated to or above the
Regulatory Flood Protection Elevation on a supporting structure that is
designed to prevent flotation, collapse or lateral movement during conditions
of the design flood. Tank-supporting structures shall meet the foundation
requirements of the applicable flood hazard area.
3. Above-ground tanks, not elevated
a. Above-ground tanks that do not meet the elevation requirements of this
Ordinance shall be permitted in flood hazard areas provided the tanks are
designed, constructed, installed, and anchored to resist all flood-related and
other loads, including the effects of buoyancy, during conditions of the design
flood and without release of contents in the floodwaters or infiltration by
floodwaters into the tanks. Tanks shall be designed, constructed, installed, and
anchored to resist the potential buoyant and other flood forces acting on an
empty tank during design flood conditions.
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4. Tank inlets and vents
a. Tank inlets, fill openings, outlets and vents shall be:
b. At or above the Regulatory Flood Protection Elevation or fitted with covers
designed to prevent the inflow of floodwater or outflow of the contents of the
tanks during conditions of the design flood.
c. Anchored to prevent lateral movement resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy, during conditions of the
design flood.
5. Other Development
a. Fences in regulated floodways and NEAs that have the potential to block the
passage of floodwaters, such as stockade fences and wire mesh fences, shall
meet the limitations of this Ordinance.
b. Retaining walls, sidewalks and driveways in regulated floodways and NEAs.
Retaining walls and sidewalks and driveways that involve the placement of fill
in regulated floodways shall meet the limitations of this Ordinance.
c. Roads and watercourse crossings in regulated floodways and NEAs. Roads and
watercourse crossings, including roads, bridges, culverts, low-water crossings
and similar means for vehicles or pedestrians to travel from one side of a
watercourse to the other side, that encroach into regulated floodways shall
meet the limitations of this Ordinance.
C. Standards for Floodplains without Established Base Flood Elevations
Within the Special Flood Hazard Areas designated as Approximate Zone A and
established in this Ordinance, where no Base Flood Elevation (BFE) data has been
provided by FEMA, the following provisions, in addition to the provisions of this
Ordinance, shall apply:
1. No encroachments, including fill, new construction, substantial improvements or
new development shall be permitted within a distance of 20-ft. each side from top
of bank or five times the width of the stream, whichever is greater, unless
certification with supporting technical data by a registered professional engineer
is provided demonstrating that such encroachments shall not result in any
increase in flood levels during the occurrence of the base flood discharge.
2. The BFE used in determining the regulatory flood protection elevation shall be
determined based on the following criteria:
a. When Base Flood Elevation (BFE) data is available from other sources, all new
construction and substantial improvements within such areas shall also
comply with all applicable provisions of this Ordinance and shall be elevated
or floodproofed in accordance with standards in this Ordinance.
b. When floodway or non-encroachment data is available from a federal, state,
or other source, all new construction and substantial improvements within
floodway and non-encroachment areas shall also comply with the
requirements of this Ordinance.
c. All subdivision, manufactured home park and other development proposals
shall provide Base Flood Elevation (BFE) data if development is greater than
five (5) acres or has more than 50 lots/manufactured home sites. Such Base
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Flood Elevation (BFE) data shall be adopted by reference in accordance with
this Ordinance and utilized in implementing this Ordinance.
d. When Base Flood Elevation (BFE) data is not available from a federal, state, or
other source as outlined above, the reference level shall be elevated or
floodproofed (nonresidential) to or above the Regulatory Flood Protection
Elevation, as defined in this Ordinance. All other applicable provisions of this
Ordinance shall also apply.
D. Standards for Riverine Floodplains with BFE but without Established Floodways or
Non-Encroachment Areas
Along rivers and streams where BFE data is provided by FEMA or is available from
another source but neither floodway nor non-encroachment areas are identified for
a Special Flood Hazard Area on the FIRM or in the FIS report, the following
requirements shall apply to all development within such areas:
1. Standards of this Ordinance.
2. Until a regulatory floodway or non-encroachment area is designated, no
encroachments, including fill, new construction, substantial improvements, or
other development, shall be permitted unless certification with supporting
technical data by a registered professional engineer is provided demonstrating
that the cumulative effect of the proposed development, when combined with all
other existing and anticipated development, will not increase the water surface
elevation of the base flood more than one (1) foot at any point within the
community.
E. Floodways and Non-Encroachment Areas
Areas designated as floodways or non-encroachment areas are located within the
Special Flood Hazard Areas established in this Ordinance. The floodways and non-
encroachment areas are extremely hazardous areas due to the velocity of floodwaters
that have erosion potential and carry debris and potential projectiles. The following
provisions, in addition to standards outlined in this Ordinance, shall apply to all
development within such areas:
1. No encroachments, including fill, new construction, substantial improvements
and other developments shall be permitted unless:
a. it is demonstrated that the proposed encroachment would not result in any
increase in the flood levels during the occurrence of the base flood, based on
hydrologic and hydraulic analyses performed in accordance with standard
engineering practice and presented to the Floodplain Administrator prior to
issuance of floodplain development permit, or
b. a Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A
Letter of Map Revision (LOMR) must also be obtained upon completion of the
proposed encroachment.
2. If this Ordinance is satisfied, all development shall comply with all applicable flood
hazard reduction provisions of this Ordinance.
3. No manufactured homes shall be permitted, except replacement manufactured
homes in an existing manufactured home park or subdivision, provided the
following provisions are met:
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a. the anchoring and the elevation standards of this Ordinance.
b. the no encroachment standard of this Ordinance.
F. Standards For Areas of Shallow Flooding (Zone AO)
Located within the Special Flood Hazard Areas established in this Ordinance are areas
designated as shallow flooding areas. These areas have special flood hazards
associated with base flood depths of one (1) to three (3) feet where a clearly defined
channel does not exist and where the path of flooding is unpredictable and
indeterminate. In addition to this Ordinance, all new construction and substantial
improvements shall meet the following requirements:
1. The reference level shall be elevated at least as high as the depth number specified
on the Flood Insurance Rate Map (FIRM), in feet, plus a freeboard of 2-ft., above
the highest adjacent grade, or at least 2-ft. above the highest adjacent grade if no
depth number is specified.
2. Non-residential structures may, in lieu of elevation, be floodproofed to the same
level as required in this Ordinance, so that the structure, together with attendant
utility and sanitary facilities, below that level shall be watertight with walls
substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy. Certification is required in accordance with this
Ordinance.
3. Adequate drainage paths shall be provided around structures on slopes, to guide
floodwaters around and away from proposed structures.
G. Standards for Areas of Shallow Flooding (Zone AH)
Located within the Special Flood Hazard Areas established in this Ordinance, are areas
designated as shallow flooding areas. These areas are subject to inundation by 1%
annual chance shallow flooding (usually areas of ponding) where average depths are
one (1) to three (3) feet. Base Flood Elevations are derived from detailed hydraulic
analyses are shown in this zone. In addition to this Ordinance, all new construction
and substantial improvements shall provide adequate drainage paths around
structures on slopes, to guide floodwaters around and away from proposed
structures.
5.3.4.6 Legal Status Provisions
1. Effect on Rights and Liabilities under Existing Flood Damage Prevention Regulations
This Ordinance in part comes forward by re-enactment of some of the provisions of
the Flood Damage Prevention Ordinance enacted February 19, 1990, as amended, and
it is not the intention to repeal but rather to re-enact and continue to enforce without
interruption of such existing provisions, so that all rights and liabilities that have
accrued thereunder are reserved and may be enforced. The enactment of these
regulations shall not affect any action, suit or proceeding instituted or pending. All
provisions of the Flood Damage Prevention Ordinance, adopted on February 19, 1990,
as amended, which are not reenacted herein are repealed.
2. Effect upon Outstanding Floodplain Development Permits
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Nothing herein contained shall require any change in the plans, construction, size, or
designated use of any development or any part thereof for which a floodplain
development permit has been granted by the Floodplain Administrator or his or her
authorized agents before the time of passage of this Ordinance, provided, however,
that when construction is not begun under such outstanding permit within a period
of six (6) months subsequent to the date of issuance of the outstanding permit,
construction or use shall be in conformity with the provisions of this Ordinance.
3. Severability
If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no
way effect the validity of the remaining portions of this Ordinance.
4. Adoption and Effective Date
This Ordinance became effective upon adoption by the Person County Board of
Commissioners on January 6, 2020, as codified into the Person County Unified
Development Ordinance and supersedes any previous versions of these flood damage
prevention regulations.
5.3.5 Open Space Standards
5.3.5.1 Purpose
A. The purpose of this Ordinance is:
1. To protect existing environmental resources including streams, wetlands,
floodplains, soils, forest stands, trees and other significant vegetation and wildlife.
2. To promote the reservation of open space in environmentally sensitive areas.
3. To provide recreational amenities for the residents of the County.
5.3.5.2 Applicability
A. The provisions of this Ordinance shall apply to all residential Major Subdivisions and
multi-family projects.
B. The Administrator may require connection to a community open space network
and/or trails system if the proposed development is adjacent to the boundary of an
established community public open space as included in the Person County
Recreation, Arts, & Parks Master Plan. The open space/trail system shall be
maintained by the Applicant or subsequent owners provided, however, that the
Applicant may request to publicly dedicate any trail that Person County or other non-
profit entity accepts into a trail system.
C. To ensure orderly development of the County in accordance with the general
principles set forth in the development plan, the Board of Commissioners may require
the reservation of open spaces for parks, schools, fire stations and/or playgrounds for
a period of six (6) months from the date of approval of the Plat.
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5.3.5.3 Open Space Plan
A. An Open Space Plan is required to be submitted with all Major Subdivision Concept
Plans and multi-family residential Open Space Plans for developments more than five
(5) dwelling units, including manufactured home parks, and campground/RV parks.
B. An Open Space Plan shall contain the following information, at a minimum:
x Existing topography at intervals of no less than 10-ft..
x Perennial and intermittent streams.
x Ponds and wetlands.
x Special Flood Hazard Areas.
x Existing groundcover: forest, pasture, cropland, rock outcroppings, etc.
x Existing structures.
x Historic or archaeological sites.
x Significant natural heritage areas as delineated by the North Carolina Natural
Heritage Program
C. Open space shall be dedicated in accordance with the table below. Percentages are
based on total development area.
Table 5-4: Minimum Open Space Dedication
DUA-Dwelling Units per Acre
Figure 5-8: Example of an Open Space Plan
Density
(DUA) % Open Space
Less than 1.0 DUA N/A
1.0 DUA-1.9 DUA 10%
2.0 DUA-3.9 DUA 15%
4.0 DUA or more 20%
Cluster Development 30%
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5.3.5.4 Identifying Conservation Areas
B. The following areas shall be considered conservation areas and shall be preserved first
in designating areas for required open space:
x Land within riparian buffers on perennial and intermittent streams as required by
this Ordinance.
x Wetlands and buffers of 50-ft. from edge of wetland
x Areas within a 100-year floodplain (Special Flood Hazard Areas)
x Non-regulated isolated wetlands and depressions that accommodate ephemeral
pools
x Natural Heritage Areas (NHNA) as defined by the National Heritage Program
x Areas within a Natural Heritage Element Occurrence (NHEO) as defined by the
National Heritage Program
x Areas identified by the Biodiversity and Wildlife Habitat Assessment (BWHA) by
the National Heritage Program
x Buffers within 100-ft. of a designated wetland or perennial stream
x Areas within a 500-year floodplain
x Areas adjacent to existing preserved, or managed open space areas
x Mature forest of at least one contiguous acre
x Unfragmented forest areas that comprise any portion of a 50-acre or more forest
block
x Wildlife corridors of a minimum of 150-ft. in width that connect to NHNAs, NHEOs,
BWHA areas, wetlands, or floodplains
x Greenways as shown on adopted plans
x Slopes of greater than ten (10%) percent
x Rock outcroppings and a 200-ft. protection area
x Farmland within a present use value program and a 200-ft. buffer area
x Areas with sensitive soils
x Land with cultural or historic significance
x Viewsheds (contributes to rural view from public roadway)
x Heritage trees (existing healthy individual trees greater than 12 inches DBH)
x Undeveloped land and tree save areas
x Farmland of statewide importance
x Agricultural uses and pollinator gardens
C. The following areas that are not conservation areas may be used to meet remaining
minimum opens space requirements.
x Passive recreational areas including squares, greens, or parks
x Active recreational areas including playgrounds and recreation amenity centers
5.3.5.5 Configuration of Open Space
The minimum standards for open space configuration are outlined below:
A. The minimum width for any open space is 25-ft. Access from a public or private street
shall be provided to all designated open space with a minimum 15-ft. wide access to
the open space area.
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B. At least sixty (60%) percent of open space shall be contiguous. For the purposes of
this Ordinance, contiguous includes any open space bisected by a local street,
provided that:
1. A pedestrian crosswalk provides access to the open space on both sides of the
street.
2. The right-of-way area is not included in the calculation of minimum open space
required.
C. Where feasible, the open space should adjoin any neighboring areas of open space,
other protected areas, and non-protected natural areas.
D. Area within a floodway shall not be counted towards meeting the minimum open
space requirements. A maximum of seventy-five (75%) percent of the required open
space shall be located within a primary conservation area or a slope of greater than
twenty-five (25%) percent.
E. Active open space shall be provided for all Major Subdivisions and multi-family
residential developments over ten (10) dwelling units. A minimum of 2,000 SF of
active open space having a minimum width of 40-ft. shall be provided for the first six
(6) to 25 dwelling units. An additional 56 SF of recreation area shall be provided for
each unit in excess of 25 dwelling units. The distribution and number of individual
active open space areas shall be determined by the arrangement of the units,
topography and other physical features.
5.3.5.6 Open Space Types
All open space used to meet the minimum requirements of this Ordinance shall be
classified as one (1) or more of the following categories and be classified as private
common area open space or public open space. The Existing Features Plan should be used
as a guide by the developer and Administrator to determine the most appropriate open
space type and location, based upon the conservation areas outlined in this Ordinance. In
addition to the Comprehensive Plan, other trail, parks and recreation, and open space
plans shall be considered when evaluating the most appropriate open space type, as
follows:
A. Nature Preserves & Stormwater Ponds (passive open space)
The nature preserve open space type shall be used for the conservation of primary
and secondary conservation areas. Areas designated as nature preserves shall be left
largely undisturbed except for the optional clearing of underbrush for the provision
of a walking trail. Nature preserves are also the encouraged open space type for
tertiary conservation areas that consist of tree conservation areas and scenic
viewsheds such as ridge lines, field borders, meadows, fields, stream views, natural
woodlands, and engineered stormwater ponds.
B. Greenways (active open space)
Greenways are large, irregular open spaces designed to incorporate natural settings
while connect points of interest in a community such as schools, parks, civic uses, and,
in some cases, conservation areas. Greenways shall be used for, at a minimum, trails
for walking, jogging, and biking. If land proposed for development is located within an
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area designated for a greenway on adopted plans, then a greenway right-of-way or
easement shall be set aside, and a greenway constructed by the developer.
C. Greenbelts (passive open space)
Greenbelts typically run along the perimeter of a neighborhood, and serve to buffer a
neighborhood from surrounding incompatible uses such as a highway corridor or
industrial district, or a developed area from agricultural areas or adjacent
communities. Greenbelts can also provide a wildlife corridor between conservation
areas. Greenbelts differ from greenways in that they are left natural, and are not
intended for recreational use. A greenbelt shall have an average width of not less than
40-ft. in order to count towards the minimum open space requirement.
D. Agricultural Preserves (passive open space)
Open spaces designated as agricultural preserves shall be used for active farming in
the form of crop cultivation, the keeping of livestock, or equestrian facilities as
secondary and tertiary conservation areas. Agricultural preserves are encouraged to
protect areas of agricultural and rural heritage and promote compatible active
agricultural operations. If farming operations cease, an agricultural preserve may be
used as a nature preserve or greenbelt.
E. Recreational Amenity Centers (active open space)
Recreational amenity centers are intended for active recreational use and may include
swimming pools, splash pads, tennis courts, and similar uses. Recreational amenity
centers shall be centrally located to the residences that they serve.
F. Square or Greens (passive open space)
Squares or greens are primary intended for passive recreational use and may have
monuments, pavilions, sitting areas. Squares or greens shall be bounded by streets on
a minimum of fifty (50%) percent of their perimeter. Squares or greens are
encouraged to be entirely bounded by streets, lanes, or buildings. Squares and greens
shall be planted parallel to all streets and shall contain canopy trees along street
frontages.
G. Parks (passive or active open space)
Parks may be designed for passive and/or active recreational use. Parks shall be
bounded by streets on a minimum of ten (10%) percent of their perimeter. Large parks
should create a central open space which services an entire neighborhood or group
of neighborhoods, or incorporates physical features which are an asset to the
community (e.g., lake or river frontage, high ground, significant stands of trees).
H. Playgrounds (active open space)
Playgrounds are for active recreational use and provide sunny and shaded play
equipment and play areas for children as well as open shelter with benches.
Playgrounds may be part of other types of open space, such as parks or recreational
amenity centers, or may stand alone.
5.3.5.7 Allowed Uses within Open Space Areas
Unless otherwise stated, open space to achieve performance standards may be used for
the following:
x Conservation areas for natural, archaeological or historic resources.
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x Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar
conservation-oriented areas.
x Pedestrian or multi-purpose trails.
x Passive recreation areas and natural bufferyards with vegetation.
x Active recreation areas, provided that impervious area is limited to no more than
10% of the total open space for the development.
x Golf courses may be used to meet open space requirements.
x Natural water bodies, such as lakes, pond and floodways.
x Crop production fields.
x Pasture lands.
x Community gardens.
x Stormwater control measures, including ponds and swales with landscaping.
x Amenity of greater than one-half (1/2) acre or greater, is surrounded by open space,
and is accessible to all residents.
x Easements for drainage, access and underground utilities.
x Equestrian uses and trails.
5.3.5.8 Prohibited Uses within Open Space Areas
Open space intended to meet the minimum requirements of this Ordinance shall not be
used for the following:
x Individual conventional wastewater disposal systems (excluding innovative systems).
x Solid waste collection systems, including receptacles, compactors, and corrals.
x Overhead electric transmission lines or high voltage electric transmission lines.
x Streets and impervious parking areas.
5.3.5.9 Open Space Dedication, Ownership, & Maintenance
A. Any areas preserved as open space shall be indicated on Plats for Major Subdivisions.
An Open Space Maintenance Plan shall be submitted prior to the approval of the first
Final Plat. All open space shall be dedicated prior to or simultaneously with the first
Final Plat approval. Any active open space shall be completed prior to the issuance of
the Zoning Permit for the tenth dwelling unit and prior to approval of a second phase
Final Plat.
B. Open space may be owned or administered by one (1) or a combination of the
following methods:
1. Fee simple ownership or conservation easement by a unit of government or
private non-profit land conservancy.
2. Common ownership by Homeowner Association.
3. Split deeded ownership by individual property owners within the development.
4. By individual private ownership such as a farmer, developer or other private entity
that maintains the open space in accordance with the purposes of this Ordinance.
(e.g., farming, equestrian facility).
5. Deed restricted open space easements on individual private properties.
C. The Board of Commissioners shall have the authority to accept or reject land
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dedications made as a requirement of this Ordinance.
D. In the case of common ownership by an active Homeowner Association, in the event
that the Homeowner Association fails to maintain open space according to the
standards of this Ordinance, the County shall follow a code enforcement process and
notice their Homeowner Association, property management company, if present, and
legal counsel to correct the deficiency.
E. The developer shall place in the dedications section of the Final Plat of the subdivision
a notation listing the ownership and maintenance assignments of common areas and
open space. This shall include, but not be limited to entryways, landscaping,
monumentation, signage, private roads, private utilities, stormwater ponds, drainage
control structures, easements, site lighting, mailboxes, parks, playground equipment,
shelters, pools, and any other facility owned by the Homeowner Association or their
assigns.
F. The developer will provide proof of registration of the Articles of Incorporation (AOI)
and Declarations, Covenants, Conditions, and Restrictions (DCCR) with the
appropriate state agency for the formation of the Homeowner Association to the
Administrator.
G. Homeowner Associations or similar legal entities that are responsible for the
maintenance and control of open space areas and common areas shall be established
by the developer who shall record in the Register of Deeds a declaration of covenants
and restrictions that will govern the association or similar legal entity. A copy of the
recorded document shall be provided to the Administrator and such document shall
include, but not be limited to, the following:
1. Provision for the establishment of the association or similar entity is required
before any lot in the development is sold or any building occupied and
membership shall be mandatory for each homeowner and any successive buyer.
2. The association or similar legal entity has clear legal authority to maintain and
exercise control over such common open space areas and must be responsible for
liability insurance, applicable taxes and the maintenance of open space and other
facilities under their control.
3. The association or similar legal entity has the power to compel contributions from
residents of the development to cover their proportionate shares of the costs
associated with the maintenance and upkeep of such common areas. Further,
assessments levied can become a lien on the property if allowed in the master
deed establishing the Homeowner Association or similar legal entity.
4. The open space restrictions must be permanent, not just for a period of years.
5. The association or similar legal entity must be able to adjust the assessment to
meet changing needs.
6. The association shall be responsible for maintaining all storm water drainage
systems and easements within the development.
7. It shall be expressly stated within the restrictive covenants/Homeowner
Association documents that it will be the responsibility of the developer or
successors or assigns to enforce such covenants or restrictions until such time as
control has been transferred to the Homeowner Association Board of Directors.
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It shall be the sole responsibility of the developer, successor or assigns to correct
any deficiencies prior to transfer of control over to the Homeowner Association
Board of Directors.
8. In the event that the Homeowner Association has defaulted, is no longer in
existence, or has engaged a property management company to perform this
action that is not being performed, the individual property owners shall be
responsible for maintenance and it shall not become a public burden.
5.3.5.10 Alternatives to Dedication
A. As an alternative to incorporating required open space on a development site, the
developer has the option of:
1. Requesting that the County permit the purchase of land lying within a planned
public park or open space system within the County and its dedication to the
appropriate public authority.
2. Requesting that the County accept fees in lieu of land dedication for the purpose
of providing public open space.
B. Any request for alternative open space shall be accompanied by the following
information:
1. The exact location (either a tax identification number or a metes and bounds
description), size, and current assessed and appraised value of land proposed for
purchase and public dedication.
2. The intended recipient of the dedication of land and evidence that the recipient
(if other than the County) approves of the dedication.
3. The proposed timing of the purchase and dedication.
C. The payment of fees, in lieu of the dedication may occur at the request of the
developer. However, the decision to require the dedication of land for recreational
purposes, or a payment of a fee in lieu, shall be made by the Board of Commissioners
during Preliminary Plat review, upon recommendation by the Planning Board, and
having evaluated the proposed dedication and the relationship such dedication would
have with the County’s overall recreational needs. The fees in lieu of dedication shall
be paid prior to Final Plat approval.
D. Payment-in-lieu-of-dedication shall be calculated by determining the per acre value
based on overall tax value for the entire development property. For example, if one
(1) acre of open space is required per this Ordinance and the tax value land within the
development site is $50,000 per acre, then the minimum fee in lieu of open space
would be equal to $50,000. All fees in lieu of open space dedication shall be placed in
a fund to be used exclusively for the purchase of open space or parkland or for the
maintenance or improvement of open space or parkland owned by the County.
E. In considering a request for an alternative to dedication, the Board of Commissioners
may approve the request, approve with modifications or conditions agreed to by the
developer, approve only a portion of the request, requiring a portion of the required
open space to be included in the proposed development, or deny the request.
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5.4 LANDSCAPING & SCREENING STANDARDS
5.4.1 Purpose
The purpose of this Ordinance is to regulate the protection, installation and long-term
management of trees and shrubs as a screen to minimize potential nuisances, such as visual
impacts, noise, dust, odor, litter and glare of lights, from adjacent properties. The appropriate
use of existing and supplemental landscaping enhances the appearance of built environment and
blends new development with the natural landscape. Existing vegetation should be retained
where possible to ensure a natural established landscape.
5.4.2 Applicability
A. All new developments (except for infill single-family or two-family detached residential uses
on existing lots) shall be designed in accordance with the requirements of this Ordinance.
Any expansion of greater than twenty-five (25%) percent of an existing building or parking
area or a significant change of use also requires compliance with the requirements of this
Ordinance, to the greatest extent possible as determined by the Administrator. A landscaping
plan, completed by a Registered Landscape Architect or landscape designer, shall be
submitted as part of the Site Plan or subdivision submittal.
B. Generally, the responsibility for screening is that of the more intense land use. However, new
developments with a less intense use being constructed next to an existing more intense use
shall provide the required landscaping on the new development’s property.
C. In cases where an existing, landscaped or vegetated area is located on the same property as
the proposed development, further plantings and or improvements shall not be required so
long as said screened area is of sufficient width and contains adequate and sufficient
materials to meet the requirements of this Ordinance. If the landscaped or vegetated area is
deficient, the developer shall make needed improvements and/or additions to satisfy the
landscaping requirements and intent of this Ordinance.
D. The preservation of existing vegetation and natural features is encouraged. Significant trees,
forest stands, natural vegetation, specimen trees, severe natural topography, drainage
features and water courses are encouraged to be preserved to the extent that is reasonable
and practical while otherwise not reasonably prohibiting development. Tree save areas are
encouraged in required landscaping areas.
E. No structure other than a wall, fence, sidewalk, mailbox, sign, light fixture, or perpendicular
driveway access point shall be permitted within a required landscaping area. No off-street
parking may take place in any required landscaping area. Where plant materials are required,
the required amount of plant materials shall be installed on the side of any wall or fence
opposite the new development.
F. Landscaping within utility easements and/or under overhead utility lines are subject to the
standards of the applicable utility authority and may be limited in height at full maturity.
G. At least ten (10%) percent of all required trees and seventy (75%) percent of the required
shrubs shall be evergreen species.
H. No landscaping feature shall impede sight lines of traffic within the sight triangle, as defined
in this Ordinance.
I. All diagrams in this Ordinance are for illustrative purposes only.
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5.4.3 Landscaping Types
The provisions of this Ordinance, unless otherwise addressed in this Ordinance, are designed to
specifically address the application of landscape resources to varying styles of development and
the impact of such applications on the appearance, health, and well-being of the community. The
provisions are broken into six (6) landscaping and screening categories:
Figure 5-9: Landscaping Types
Single-Family Home
Commercial
Building
Bufferyard
Bufferyard
Parking Lot
Yard
Building Yard
Screening
Yard
Residential Yard
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5.4.4 Bufferyards
Unless otherwise listed in this Ordinance, the following regulations shall apply:
A. Bufferyards area intended to separate higher and lower land use intensities and densities, as
well as zoning districts to ensure land use compatibility. Bufferyards are a physical separation
distance and may or may not include screening materials. They shall be measured from the
subject property line to the site to be developed and shall be adjacent to the subject property
line. Required bufferyard width shall not decrease the required building setback for each
zoning district, as set forth in this Ordinance.
B. Bufferyards may include opaque or semi-opaque visual screens with a six (6) foot minimum
height of material or landscaping at full maturity. The arrangement of trees and shrubs shall
be done in a manner that provides a visual separation between adjacent land uses.
C. Trees and shrubs shall be planted outside of the public right-of-way, unless permitted with a
right-of-way utilization permit from that agency. Maintenance of trees and shrubs is the
responsibility of the individual property owner or homeowners’ association. Vegetation shall
be selected from the Recommended Plant List in this Ordinance, unless an equivalent
alternate is provided on the landscape plan. Alternatives to the Recommended Plant List shall
be selected from the current edition of the NC Cooperative Extension Publication AG 508-3
Drought Tolerant Plants for North Carolina. The use of native and existing vegetation is
encouraged.
D. Generally, the responsibility for screening is that of the more intense land use. However, new
developments with a less intense use being constructed next to an existing more intense use
shall provide the required landscaping on the new development’s property.
E. Fences located within a bufferyard shall be located on the side closest to the neighboring
property line while allowing adequate room to maintain both sides of the fence.
F. There are two (2) types of bufferyards. The requirements and depictions of these bufferyards
are shown on the following pages:
1. Type 1 Buffers shall apply in the following situations:
x Non-residential uses (excluding heavy and light industrial uses) within adjacent to any
Residential zoning district or use.
x Multi-family residential development adjacent to any Residential zoning district or
single-family residential use.
x Single-family residential Major Subdivisions in a more intense zoning district than the
adjacent property.
2. Type 2 Buffers shall apply in the following situations:
x Light industrial uses adjacent to any other use or zoning district.
x Heavy industrial uses adjacent to any other use or zoning district.
x Bufferyard width and composition for industrial uses may be increased up to 100-ft.
wide and increased opacity by the Board of Commissioners to further mitigate
potential adverse impacts.
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Table 5-5: Bufferyard Requirements
Criteria Type 1 Buffer Type 2 Buffer1/
Width 10 feet min. 20 feet min.
Large Trees 1 per 100 linear feet 2 per 100 linear feet
Small Trees 2 per 100 linear feet 3 per 100 linear feet
Large Shrubs 15 per 100 linear feet 20 per 100 linear feet
Medium or Small Shrubs 10 per 100 linear feet 15 per 100 linear feet
Groundcover Grass, mulch, landscaping rock or similar material
Notes:
1. Bufferyard width and composition for industrial uses may be increased up to 100-ft. wide and increased opacity
by the Board of Commissioners to further mitigate potential adverse impacts.
5.4.5 Parking Lot Yards
A. Parking lot landscaping is required within all non-residential and multi-family parking lots of
greater than 10 spaces except automobile or boat sales display areas. Perimeter landscaping
around industrial parking lots and automotive or boat sales display areas rate be utilized at
the same rate as required in Table 5-5, as applicable.
B. The parking lot yard requirement may be met by the bufferyard requirement, or building yard
requirement for parking that is immediately adjacent to a bufferyard, or building yard.
C. Trees shall be planted in a manner that provides shade for parking area at maturity within
10-ft. of the pavement edge. Each planting area shall be a minimum of 60 SF, with a minimum
dimension of seven (7) feet. Planting areas shall be protected with concrete curbing or wheel
stops.
D. In addition to the requirements of this Ordinance, parking lot yard landscaping shall meet the
general standards set forth in this Ordinance.
Figure 5-10: Bufferyard Types
Type 1 Type 2
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60’
Table 5-6: Parking Lot Yard Requirements
Criteria Standard
Landscaping Area 60 SF
Large Trees 1 within 60 feet of every parking space
Small Trees Optional
Large Shrubs Optional
Medium or Small Shrubs Optional
Groundcover Grass, mulch, landscaping rock or similar material
5.4.6 Building Yards
A. The intent of building yards is to create a buffer between buildings and parking areas for
pedestrians entering and exiting buildings and to improve the appearance of building
entrances.
B. Building yard width shall be based on the total area of the building. Widths shall be measured
from the applicable building wall. Building yards shall be located on any side of a building
where parking area is adjacent to the building. This shall not apply in the GI zoning district or
single-family or two-family dwellings (duplexes).
C. Building yards may be crossed by walkways to general access doorways, however a maximum
of twenty-five (25%) percent of the building yard may be composed of walkways.
D. In addition to the requirements of this Ordinance, building yard landscaping shall meet the
general standards set forth in this Ordinance.
Figure 5-11: Parking Lot Yard Example
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ARTICLE 5. SITE DEVELOPMENT STANDARDS
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Table 5-7: Building Yard Requirements
Building Area
Criteria Less than
10,000 SF
10,000 -
50,000 SF
Greater than
50,000 SF
Width 5 feet 8 feet 10 feet
Small Trees N/A N/A 1 per 50 linear feet of
building yard
Shrubs 3 per 10 linear feet of
building yard
5 per 10 linear feet of
building yard
7 per 10 linear feet of
building yard
Groundcover Pine needles, mulch, or landscaping rock
5.4.7 Screening Yards
The screening requirements of this Ordinance shall apply to waste and recycling receptacles,
mechanical equipment, and outdoor storage for all new and expanding non-residential and multi-
family residential development and for commercial salvage yards.
A. Any permitted outdoor storage, utility equipment, or solid waste receptacles (including
dumpsters) shall be screened in the form of a wall, fence, and/or shrubs to provide an opaque
screen.
B. Dumpsters and other waste collection containers shall not be located in the front yard of any
structure or within any required bufferyard.
C. Ground-mounted mechanical equipment shall be located in the rear or side yard and be
screened from view from the street.
D. Any fencing used to fulfill the requirements of this Ordinance may be supplemented with
landscaping. Chain-link fence with slats may be used to meet the requirement of this
Figure 5-12: Building Yard Example
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ARTICLE 5. SITE DEVELOPMENT STANDARDS
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Ordinance, provided screening material is added to the fence and is maintained to provide
an opaque screen.
E. All screens shall utilize building materials and design which are compatible with those used
for the exterior of the principal building to the greatest degree possible.
F. Outdoor storage yards for commercial salvage yards and junked or abandoned vehicles.
5.4.8 Residential Yards and Plant Installation Standards
A. The intent of residential yard plant installation requirements are to replace some of the trees
removed during the gradingprocess, to establish a residential tree canopyfor the appearance
of a community, to provide shade for pedestrians and their pets, to aesthetically transition
between the street and residential structure, and to be a community amenity. In their
installation, residential plants shall not cause utility conflicts, impede clear sight-lines for
drivers and pedestrians, not to become a private nuisance to neighbors, or to become a safety
hazard for structures in natural disasters.
B. Residential yards shall be required for all single-family and two-family residential lots in new
Major Subdivision communities and a landscape plan shall be provided.
C. Trees and shrubs shall be planted outside of the public right-of-way, unless permitted with a
right-of-way utilization permit from that agency. Maintenance of trees and shrubs is the
responsibility of the individual property owner or homeowners’ association. Vegetation shall
be selected from the Recommended Plant List in this Ordinance, unless an equivalent
alternate is provided on the landscape plan.Alternatives to the Recommended Plant List shall
be selected from the current edition of the NC Cooperative Extension Publication AG 508-3
Figure 5-13: Screening Examples
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ARTICLE 5. SITE DEVELOPMENT STANDARDS
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Drought Tolerant Plants for North Carolina. The use of native and existing vegetation is
encouraged.
D. All plants shall be installed in accordance with the latest edition of the American Standards
for Nursery Stock, published by the American Nurserymen’s Association and the American
National Standards Institute (ANSI), including regulations within utility easements.
E. All plant material installed shall be free from disease and scarring and shall be installed in a
manner that ensures the availability of sufficient soil and water to sustain healthy growth,
and which is not intrusive to utilities or pavement.
F. Except as herein provided, on a corner lot in any district, no hedge, shrubbery, tree, natural
growth, sign, fence, wall, or other obstruction shall be placed or maintained within a sight
triangle as defined in this Ordinance.
G. Required landscaping shall be installed with the minimum size specifications:
Table 5-8: Plant Installation Size Standards
Type Min. Height at
Maturity (ft.)
Min. Height at
Planting (ft.)
Min. Caliper at
Planting (in.)
Min. Spacing
(ft. on center)
Large Trees 40 8 2 20
Small Trees 15 6 1.5 10
Large Shrubs 8 4 N/A 4
Medium Shrubs 4 2 N/A 2
Small Shrubs 2 1 N/A 2
5.4.9 Landscaping Maintenance
A. The property owner and any tenant on the property where screening is required, shall be
jointly and severally responsible for the maintenance of all landscaping materials. Such
maintenance shall include all actions necessary to keep the screened area free of litter and
debris, to keep plantings healthy, to keep planting areas neat in appearance, to keep plant
growth from interfering with safe vehicular and pedestrian travel, or use of parking areas, to
keep plant growth from creating nuisances to adjoining properties and to keep walls, fences
and berms in good repair and neat appearance.
B. Required landscaping shall be maintained to mature growth habit, and trees shall not be
topped.
C. Any vegetation that is part of a required landscaping area shall be replaced within sixty (60)
calendar days, in the event that it dies. All landscaping materials shall be protected from
damage by erosion, motor vehicles, or pedestrians which could reduce the effectiveness of
the required landscaping.
D. See the American National Standards for Tree Care Operations: Tree, Shrub, and Other Woody
Plant Maintenance-Standard Practices (Pruning) published by the American National
Standards Institute (ANSI) A300 for pruning tips.
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5.5 PARKING & ACCESS STANDARDS
5.5.1 Purpose & Intent
A. The purpose of this Ordinance is to ensure that adequate and well-designed parking and site
access is provided for non-residential and multi-family residential developments in Person
County.
B. Unless otherwise specified, the requirements of this Ordinance shall be initiated by any one
(1) or more of the following activities on a property:
1. New construction or the initial use of the property.
2. A substantial change of use or change in zoning classification.
3. Any building or parking expansion of greater than twenty-five (25%) percent.
C. The requirements of this Ordinance do not apply to single-family or two-family residential
development on existing lots of record, except that a minimum of two (2) parking spaces shall
be provided for each unit.
5.5.2 General Provisions
A. No parking area shall be located over an on-site wastewater drain field.
B. Parking areas shall be properly maintained in all respects. In particular, parking area surfaces
shall be kept in good condition (free from potholes, crumbling pavement, etc.) and parking
space lines or markings shall be kept clearly visible and distinct.
C. Parking as required herein shall be located on the same lot as the principal use or within 500-
ft. from the lot if such parking cannot be reasonably provided on that lot. when specifically
permitted to be located elsewhere. Driveways shall be considered as providing off-street
parking spaces for all single-family dwellings.
D. Parking lots shall be landscaped in accordance with the requirements of this Ordinance.
5.5.3 Parking Lot Design
A. Off-street parking areas shall be designed so that parked vehicles do not encroach upon,
extend onto, or cause vehicles to back into public rights-of-way, sidewalks or strike against or
damage any wall, vegetation, utility, or other structure.
B. Off-street parking areas shall be designed to facilitate adequate movement and access by
sanitation, emergency and other public service vehicles.
C. No surface parking or circulation driveway is permitted within any required or established
buffer area, except that driveways providing access to the parking area may be installed
across these areas.
D. No parking aisle serving the general public that contains more than 10 parking spaces shall
dead end, except that the Administrator may approve dead-end aisles for up to 20 spaces on
small lots where expected traffic is minimal. Any parking aisle that dead-ends shall be
provided a suitable turnaround.
E. Parking lots shall not be located closer than 10-ft. from a public right-of-way,
5.5.4 Parking Dimensions
All new parking spaces shall meet the following dimensional requirements:
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ARTICLE 5. SITE DEVELOPMENT STANDARDS
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Table 5-9: Parking Dimensions
depth
way aisle
aisle
Angle
Stall
Width
(ft)
Stall
Depth
(ft)
Aisle Width Parking Bay Width Bumper
Overhang One-way
aisle
(ft)
Two-way
aisle
(ft)
One-way
aisle
(ft)
Two-way
aisle
(ft)
0 (parallel) 9 27 12 20 30 38 N/A
45 9 18 12 24 44 56 2
60 9 18 18 24 46 58 2
90 9 18 N/A 24 N/A 60 2
Figure 5-14: Parking Dimensions
Two-way Aisle 90{{ One-way Aisle 0{{ (Parallel)
One-way Aisle 45{{ Two-Way Aisle 45{{
One-way Aisle 45{{
Two-Way Aisle 45{{
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ARTICLE 5. SITE DEVELOPMENT STANDARDS
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5.5.5 Parking Surface, Curb, & Gutter
A. The following areas shall be paved with asphalt, concrete, pavers or similar paving material
meeting the minimum standards for subdivision roads as set forth in the NCDOT Subdivision
Roads - Minimum Construction Standards publication:
1. The minimum number of spaces for each use, as set forth in this Ordinance (except
agricultural uses, single-family and two-family residential uses).
2. All front and side yard parking areas.
3. Driveways.
4. ADA parking spaces.
B. Any additional parking areas located in rear yards may be gravel.
C. Parking for religious institutions and recreational uses may be gravel provided that a
minimum 20-ft. paved driveway apron is provided at the street.
D. All parking areas of greater than 50 spaces shall be constructed with standard or valley curb
and gutter unless otherwise set forth in a Watershed Protection Overlay.
5.5.6 Number of Parking Spaces
A. All new developments in all zoning districts shall provide a sufficient number of off-street
parking spaces as designed to accommodate the number of vehicles as listed in this
Ordinance, or where undefined, are ordinarily typical with the use of the property. Proof of
sufficient parking shall be provided upon application for a Zoning Permit. No portion of any
street right-of-way shall be considered as fulfilling or partially fulfilling the required number
of off-street parking spaces.
B. Minimum parking space requirements are set forth in the Table 5-12 of this Ordinance. The
Administrator may accept a parking ratio from a published scientific source as an alternate to
the minimum number of parking spaces required. The Applicant shall be responsible to
demonstrate that alternative number of required parking spaces, per site, due to use or
property constraints. In cases not covered by this Ordinance, the Administrator is authorized
to determine the parking requirements alternative parking ratio sources for equivalent land
uses.
C. The maximum number of parking spaces shall be limited by site constraints, environmental
conditions, and stormwater regulations.
D. The number of ADA accessible spaces shall be installed in accordance with NC Building Code.
ADA spaces may be included in the total required number of parking spaces.
E. The requirements for off-street parking spaces shall be computed as follows:
1. When units of measurement determining the number of required parking spaces result
in a fractional space, any fraction of one-half (1/2) or more shall require one parking
space.
2. Where seats consist of pews or benches, each 20 inches in length of pew or a bench shall
be considered as one (1) seat.
3.Lots containing more than one (1) principal use shall provide parking in the amount equal
to the total of the requirements for each use.
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Table 5-10: Minimum Number of Parking Spaces
Use Minimum Number of Spaces
Agricultural Uses
Agricultural Use (unless otherwise specified) N/A
Equestrian Use 1 per horse stall
Farm & Garden Supply/Feed Store 1 per 800 SF of gross sales floor area
Farm/Lawn Equipment Sales & Service 1 per 800 SF of gross sales floor area
Farmers Market 1 per 300 SF of gross floor area
Winery 1 per 300 SF of gross sales floor area
Residential Uses
Residential Use (unless otherwise specified) 2 per dwelling
Accessory Dwelling 1 per dwelling
Assisted Living/Independent Living Facility 2 per dwelling
Home Occupations Residential use requirement + 1 space
Civic, Government, & Institutional Uses
Civic/Government/Institutional Use (unless
otherwise specified) 1 per 300 SF of gross floor area
Religious Institutions & Related Uses 1 per 3 seats
Government/Civic Facility/Office (Correction/Jail) 1 per employee on peak shift
Daycare Facility 1 space per 8 persons of capacity
Hospitals 1 per 400 SF of gross floor area of
administrative area + 1 per bed
School (pre-K & Montessori) 1 space per 8 students of capacity
School (public or private K-8) 1 space per 8 students of capacity
School (public or private 9-12) 1 space per 5 students of capacity
School (public/private college or post-secondary) 1 per 2 students of capacity
Recreation & Entertainment
Recreation & Entertainment Use (unless otherwise
specified)
1 per 150 SF of gross floor area or 1 per every 4
persons of max. capacity (as applicable)
Lodging (hotel with on-site manager & interior
hallways) 2 +1 per guest room
Lodging (short-term rental units) 1 per bedroom
Campground/RV Park (commercial & workforce
housing) 2 per campsite at campground + 2 per building
Office, Retail, & Service Uses
Office/Retail/Service Use (unless otherwise specified) 1 per 300 SF of gross floor area
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Retail/Service Use (high-turnover/convenience store)5 per 1,000 SF of gross floor area
Automobile Dealerships, Boat/Vessel Sales/Service 3 spaces + 1 space per every 400 SF of
building gross floor area
Automobile Repair 3 spaces per service bay
Funeral & Cremation Services 1 per 4 people of allowable occupancy
Restaurant/Brewery/Distillery (without drive-through)
1 space peremployee per shift+ 1 per every 3 seats
Restaurant (with drive-through)Stacking for 5 vehicles at each bay (on-site)
Industrial, Warehouse, Transportation, & Utility Uses
Industrial, Warehouse, Transportation, & Utility Use
(unless otherwise specified)1 per employee per shift
Warehouse, Self-Storage or General Storage 1 per 5,000 SF of gross floor area
Wireless Telecommunications Tower 1 space
5.5.7 Parking Location, Sharing, & Connectivity
A. The minimum number of required spaces shall be provided on the same lot of record with
the use or on a separate lot within 500-ft. Parking for residential uses must be provided on
the same lot of record.
B. The joint use of shared off-street parking between two (2) uses may be made by contract by
two (2) or more adjacent property owners. A copy of the contract or agreement shall be
provided to the County prior to the issuance of a Zoning Permit for the use. Developments
that operate at different times may jointly use or share the same parking spaces with a
maximum of one-half (1/2) of the parking spaces credited to both uses.
C. All newly constructed parking lots shall be designed to accommodate interconnection
between the sites (e.g. driveway openings are in alignment), when possible, unless natural
features prevent connection, and are recorded in the form of a cross-access easement, Plat,
or other legal format.
Figure 5-15: Parking Connectivity
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5-69
5.5.8 Loading Area Requirements
A. Whenever the normal operation of any development requires that goods, merchandise, or
equipment be routinely delivered to or shipped from that development, a sufficient off-street
loading and unloading area must be provided in accordance with this Ordinance to
accommodate the delivery or shipment operations in a safe and convenient manner.
B. Loading and unloading areas shall be so located and designed so that the vehicles intended
to use them can:
1. Maneuver safely and conveniently to and from a public right-of-way.
2. Complete the loading and unloading operations without obstructing or interfering with
any public right-of-way or any parking space or parking lot aisle.
C. No area allocated to loading and unloading facilities may be used to satisfy the area
requirements for off-street parking.
D. Loading areas shall be designed and paved to the same standards as the parking area.
E. The following table shows the minimum number of loading spaces based on gross floor area
of any nonresidential building. A loading space shall be a minimum of 12-ft. x 25-ft. with an
overhead clearance of 14-ft.
Table 5-11: Minimum Number of Loading Spaces
Gross Floor Area of Building (SF) Number of Loading Spaces
1,000-10,000 1
10,000-50,000 2
50,000+ Add 1 space for each additional 50,000 SF
5.5.9 Driveways
A. Driveways that connect to state-maintained streets shall comply with NCDOT standards and
are subject to the issuance of a NCDOT Driveway Permit.
B. All non-residential driveways shall comply with the following standards:
1. Driveways shall be located a minimum of 60-ft. from an intersection with another street.
2. Driveways shall be not less than 20-ft. in width.
C. Driveways shall be as nearly perpendicular to the street right-of-way as possible and shall not
exceed 10% grade, dependent upon approval of the Fire Marshal in consultation with the Fire
Chief of the fire district in which the property is located, based on fire apparatus size.
D. Driveways shall line up with other driveways across the street and be shared between adjacent
uses, wherever possible. If warranted, a cross-access easement per this Ordinance shall be
recorded to establish internal trip circulation potential that protects adjacent roadway
capacity and limits the number of driveway connections for traffic safety.
E. Unless otherwise allowed by NCDOT, the maximum number of access points for non-
residential uses shall be one (1) per 300-ft. of frontage. Only one (1) combined entrance and
exit connection will be permitted where the frontage is less than 300-ft. Any lot of record in
existence on the effective date of this Ordinance shall be allowed one (1) additional access
point to the roadway, notwithstanding the provisions of this Ordinance, which may prohibit
such access.
F. All driveways to paved parking areas shall be paved. All driveways to unpaved parking areas,
as permitted, shall have a minimum 10-ft. deep asphalt or concrete apron.
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G. Driveways to parking areas with curb and gutter shall also have curb and gutter.
H. Driveways providing access to a street right-of-way for single-family and two-family residential
dwellings shall have a minimum length of 20-ft. measured from the edge of the right-of-way
towards the interior of the lot. No portion of a driveway which lies within a structure covered
by a roof and/or enclosed by wall shall count toward the minimum 20-ft. driveway length.
Because residential lots vary in size, shape, topography, physical characteristics, watershed
criteria, or easements, the number of driveways per lot are on a per-lot basis.
5.6 INFRASTRUCTURE STANDARDS
5.6.1 Purpose & Intent
A. The purpose of this Ordinance is to ensure that new developments provide adequate
infrastructure that is compatible with adopted plans and local, state, and federal
requirements.
B. Unless otherwise specified, the requirements of this Ordinance shall be initiated by any one
(1) or more of the following activities on a property:
1. New construction or the initial use of the property.
2. A substantial change of use or change in zoning classification.
3. Any building or parking expansion of 25% or more.
4.New Major Subdivisions.
5. Minor Subdivisions in association with private streets.
5.6.2 Conformance with a Comprehensive Transportation Plan (CTP)
Per the Federal Aid Highway Act of 1962, areas of the State of North Carolina that are urban (a
population of at least 50,000 people) shall have a continuing, cooperative, and comprehensive
(“3C”) transportation planning process and operate a Metropolitan Planning Organization (MPO).
Person County is not a part of an MPO. However, NCGS § 136-66.2 requires a Comprehensive
Transportation Plan (CTP) to be maintained for communities with populations under 50,000
people. The location and design of streets shall be in conformance with the latest edition of the
Person County and Roxboro Comprehensive Transportation Plan, as amended. Where any part of
a development lies within a corridor of a thoroughfare shown on a roadway corridor map within
the CTP, adopted pursuant to NCGS § 136, Article 2E, no development approval shall be granted
with respect to the property within the roadway corridor and no development plan approval shall
be delayed by a right-of-way reservation, where planned and programmed improvements are
not established.
5.6.3 Road Standards
5.6.3.1 Designation of Roads as Public or Private
A. All new streets within Person County shall have a public or private designation and comply
with either the minimum construction standards for secondary roads as required by the
North Carolina Division of Highways for public roads or with minimum construction
standards of private roads, as specified herein. However, Person County encourages the
developer to use the public designation and give careful consideration to the design of
streets in accordance with those standards provided by NCDOT.
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ARTICLE 5. SITE DEVELOPMENT STANDARDS
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B. In subdivisions in which there are more than five (5) lots, roads shall be constructed to
public specifications and construction standards in this Ordinance.
C. On subdivision roads constructed to NCDOT specifications and unpaved between May 3,
1999, and May 7, 2001, serving the maximum of 24 lots, there shall be no additional lots
created utilizing the existing road or extension thereof without said road and extension
being upgraded to standards as specified for Public Roads in this Ordinance. The
developer or person causing standards to be upgraded is responsible for upgrading the
substandard portion of road.
D. Previously established subdivisions with more than five (5) lots having an interior road
or roads built to the previously accepted and approved Class “A” road as defined in
“Minimum Construction Standards for Private Roads, Person County, North Carolina”
may not be expanded if any additional lots will be accessed by the existing Class “A”
substandard road unless the existing road is upgraded to a public road in accordance
with this Ordinance. The developer or person causing the needed upgrade to the road
is responsible for upgrading the substandard portion of the road.
E. All “private” or undesignated Class A roads that existed as of May 3, 1999, are exempt
from paragraphs (B) through (D), provided that no new lots are added.
F. Subdivision roads which as of March 9, 1987, the date of Person County minimum
construction standards for private roads, were either in existence or referred to in a
deed or Plat, whether recorded or not, are exempt from the provisions of paragraph
paragraphs (B) through (D). Such roads are exempt from standards imposed by this
Ordinance until such times as an extension is made to the road, a cul-de-sac is added
to the road, a connection is made to another road, or, for a road created after March
9, 1987, the road serves more lots than was permitted for that type road at the time
it was created. If a road loses its exempt status, it is subject to all requirements of this
Ordinance.
G. Private roads must be constructed in accordance with this Ordinance.
H. In the event that the private road designation is exercised, the developer shall comply
with NCGS § 136-102.6 which provides for a disclosure statement from the developer
to the purchaser establishing the status thereof (whether privately or public)(state-
maintained) of the road. If the street is designated by the developer and seller as a
public street, the developer and seller shall certify that the right-of-way and design of
the street has been approved by the Division of Highways, and that the street has
been or will be constructed by the developer and seller in accordance with the
standards for subdivision streets adopted by the Board of Transportation for
acceptance on the highway system. If the street is designated by the developer and
seller as a private street, the developer and seller shall include in the disclosure
statement an explanation of the consequences and responsibility as to maintenance
of a private street, and shall fully and accurately disclose the party or parties upon
whom responsibility for construction and maintenance of such street or streets shall
rest, and shall further disclose that the street or streets will not be constructed to
minimum standards, sufficient to allow their inclusion on the State highway system
for maintenance. A copy of the disclosure statement shall be given to the buyer.
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ARTICLE 5. SITE DEVELOPMENT STANDARDS
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Written acknowledgment of receipt of the disclosure statement by the buyer shall be
conclusive proof of the delivery thereof.
5.6.3.2Minimum Construction and Design Standards for Public Roads
A. Unless otherwise specified, all street design criteria shall meet the standards in the
latest published editions of NCDOT’s Subdivision Roads Minimum Construction
Standards and Standard Specifications for Roads and Structures, unless otherwise
specified in this Ordinance. Street cross-sections shall follow those set forth for rural
areas in the NCDOT Complete Streets Planning and Design Guidelines and shall meet
the minimum standards of the NC Fire Code.
B. In Cluster Developments as set forth in this Ordinance, roads may be alternatively
designed to meet NCDOT Traditional Neighborhood Development (TND) Guidelines or
a Low Impact Development (LID) as set forth in the North Carolina LID Guidebook. All
roads in Cluster Developments shall be paved. The width of all travel-ways, parking
areas and road base to be approved within the subdivision process and is required on
the Plat.
C. All streets shall be graded to their full right-of-way width. Finished grade, cross-
section and profile shall meet NCDOT standards.
D. Where a development fronts on any existing street segment maintained by NCDOT
and the street does not meet the minimum standards of these regulations for the
classification of street, the developer shall improve the portion of street adjoining the
development to meet the minimum standards including construction and width.
When the development adjoins only one (1) side of an existing street, one-half (1/2)
of the minimum right-of-way shall be provided, measured from the centerline of the
street.
E. Where an approved Preliminary Plat shows extension of roads to subsequent phases
or to additional property, a temporary turnaround shall be installed. Said turnaround
shall have a minimum 70-ft. diameter (driving surface). The temporary turnaround
does not have to be paved.
F. An approved NCDOT Driveway Permit is required to connect to any existing state
system street. The Applicant is responsible to provide access management approval
from NCDOT to Person County prior to Preliminary Plat, Final Plat, or Site Plan
approvals. Projects that propose multiple driveways along a federal or NCDOT
highway shall be encouraged to design parallel access easements to each lot, shared
driveways, or an internal roadway system that does not result in each lot having a
driveway connection to the federal or NCDOT right-of-way.
G. In accordance with NC Fire Code, at least two (2) entry points, constructed to NCDOT
road standards, shall be provided in developments that contain 100 or more dwelling
units and to all lots within the development. Alternatives may be allowed by the TRC
if the curb cuts for the two (2) accesses cannot meet the minimum distance allowed
according to NCDOT or regulations at any location.
H. In any new subdivision, the street layout shall conform to the arrangement, width and
location included on any official plans for Person County. In areas for which such plans
have not been completed, the streets shall be designed and located in proper relation
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ARTICLE 5. SITE DEVELOPMENT STANDARDS
5-73
to existing and proposed streets, to the topography, to such natural features as
streams and tree growth, to public convenience and safety, and to the proposed use
of land to be served by such roads.
I. Road layouts shall be as follows:
1. Road centerline offsets of less than one-hundred-fifty (150) feet shall be avoided.
2. Intersections with a major road or highway shall be at least 300-ft. apart from
corner property line to corner property line.
3. In subdivisions in which there are 25 or more lots and where the subdivision access
is off a state secondary road or a major highway, the subdivision entrance shall be
designed to allow at least one (1) lane ingress into the subdivision and two (2)
lanes egress out of the subdivision to allow a right turn lane and a left turn lane
onto the highway.
4. Two (2) means of ingress/egress are preferred.
J. A partial-width right-of-way may be allowed in a subdivision where:
1. If the Board of Commissioners determines that the nature and location of the
subdivision, including such considerations as topography, the surrounding area,
the present and future road plans, and access by public safety vehicles, are such
that a partial width right-of-way is justified.
2. The right-of-way width provided is adequate to allow for the construction of a
travel-way, ditches, swales, shoulders, and turn-around areas that are required
for the class of road serving the subdivision.
3. The right-of-way width provided would allow access by the largest emergency
services vehicle serving the district in which the subdivision is located.
4. If one or more of the following conditions are met:
a. When the partial width right-of-way adjoins undeveloped property and is not
less than 25-ft. in width, and when said adjoining undeveloped property is
subdivided and the remainder of the full required right-of-way can be
dedicated.
b. When access to the subdivision is across property owned by other than the
Applicant and the property owner is unwilling to grant, sell or otherwise
convey the full required right-of-way width to the Applicant.
c. When pre-existing conditions preclude the provision of full right-of-way due
to the pattern of adjacent development, historical common access and/or site-
specific physical constraints.
K. Proposed roads shall be extended to the boundary of the development for connection
to existing streets on the boundary of adjoining property or for future connection, if
the adjacent property has future development potential.
L. Cul-de-sacs shall not be used to avoid connection with an existing street to avoid the
extension of a thoroughfare or collector street, or to avoid connection to adjoining
property.
M. The proposed street layout within a development shall be coordinated with the
existing street system of the surrounding area and where possible, existing principal
streets shall be extended.
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ARTICLE 5. SITE DEVELOPMENT STANDARDS
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N. Where a tract of land to be subdivided adjoins a federal or state highway, the
Applicant may be required to provide a marginal access street parallel to the highway
or reverse frontage on an interior street for the lots to be developed adjacent to the
highway. If reverse frontage is required, then the Applicant shall be required to
provide a ten (10) foot wide easement that is parallel and adjacent to the right-of-way
of the highway. Such easement shall be restricted to the planting of trees or shrubs
for screening purposes and shall be in addition to all other easements required by this
Ordinance.
O. Drainage pipes shall be installed under driveways which cross a drainage ditch and
these pipes shall have a minimum inside dimension of 15 inches. This requirement
may be waived when valley gutter system is approved. Driveways shall be constructed
so that drainage water will not run into the road or highway.
P. Intersecting streets shall be laid out at such intervals that block lengths are not more
than 2,400-ft., nor less than 400-ft., unless existing or physical conditions justify a
modification of this requirement.
Q. Blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate
depth, except where otherwise required to separate residential development from
through traffic or nonresidential uses.
R. Pedestrian ways or crosswalks, not less than ten (10) feet in width shall be provided
near the center and entirely across any block 1,200-ft. or more in length or at the end
of cul-de-sacs, where deemed essential, in the opinion of the Planning Board, to
provide adequate pedestrian circulation or access to community facilities or similar
land uses.
S. Where provided sidewalks and multi-use paths shall meet NCDOT standards.
5.6.3.3Minimum Construction and Design Standards for Private Roads
A. General Standards for Private Roads
1. New private roads are permitted for any Minor Subdivision of five (5) lots or less.
2. Since private subdivision roads are not constructed to North Carolina Department
of Transportation standards, they will not be added to the Secondary Road System
and will not be maintained by the State or Person County.
3. Private roads shall have a minimum right-of-way width of 50-ft. and have a paved
or gravel surface a minimum of 20-ft. in accordance with NC Fire Code, Appendix
D.
4. Private roads shall have a name approved by Person County E-911 Addressing.
B. Construction Specifications
1. The travelway must be surfaced with a minimum of four inches (4”) of compacted
Aggregate Base Course (commonly called "crusher run"), but the application of
clean stone (North Carolina Department of Transportation ABC-M) instead of
crusher run is encouraged, where possible.
2. A crown should be built into the travelway so that water will drain from the road
surface into the side ditch. The crown should not be so great as to cause vehicles
to slide off the travelway when ice or snow are on the road.
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3. Generally, the road should be crowned as shown in the specifications sheet so that
runoff will drain to the ditches on both sides of the road. However, in some
situations, it may be desirable not to crown the road but to have the travelway
sloped to a single ditch as shown below. This is applicable in two situations: where
it is necessary to cut down on the length of a ditch in order to reduce the erosion
potential by decreasing the volume of runoff, or where it is difficult to construct
ditches due to rock or in curves.
4. Where filling is necessary to raise the roadbed, cross watercourses or fill
stumpholes, it shall be done with suitable material that is free of roots or other
organic matter. The fill should be firmly compacted to reduce settlement that will
cause ruts or holes in the finished road.
5. The grade shall not exceed the grade as set forth in NC Fire Code Appendix D for
emergency vehicle access.
6. The minimum sight distance for stop condition when connecting new local
residential roads or residential collector roads to state-maintained roads is 70-ft.
along the existing road right-of-way and 10-ft. along the new road right-of-way.
The intersection of a private road with a public road must provide an adequate
place for cars to stop before entering the public road.
7. Where a private road accesses a public road, the private road is subject to the
issuance of a NCDOT Driveway Permit.
8. Vehicle turn-around areas shall be provided at the end of all dead-end roads in
accordance with the requirements of NC Fire Code Appendix D.
9. Curves shall have a 150-ft. minimum centerline radius.
10. All areas disturbed by the construction of the road, including the shoulders, ditch
banks, cut and fill slopes and any borrow areas, shall be seeded in permanent
vegetation to stabilize the soil and prevent erosion. Seeding should be done
immediately after grading is completed and before the County’s final inspection.
C. Inspection of Construction
1. Construction of the private road must be inspected and approved by the County.
The road should be inspected during construction in order that any changes
necessary to ensure approval can be made before the final inspection. In order
for these inspections to be made during construction, the property owner must
inform the Planning & Zoning Department prior to the start of grading so that the
inspections can be scheduled. The inspections are made only to ensure the road
is built to the required dimensions, an acceptable stone surface is provided, any
disturbed areas are seeded in permanent vegetation, and the road sign is in place.
2. The County does not assume responsibility for such quality control inspections as
compaction of fill or construction materials. It is recommended that the developer
employ a qualified grading contractor to ensure that adequate construction
methods and materials are used.
D. Maintenance
1. After initial construction of the private road, maintenance must be provided by
the property owners who use the road. In subdivisions, a "Road Maintenance
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Agreement and Declaration" between the lot owners is required to ensure that
the needed repairs are made.
2. Maintenance of the private road must be provided by the lot owners who are
served by the road. The Road Maintenance Agreement between the lot owners is
required· to ensure that the cost is shared equally and a mechanism for
maintenance is set up. This responsibility for maintenance is the property owners
and neither the State nor Person County will maintain the road. In manufactured
home parks, maintenance must be provided by the park owner. Regular attention
shall be given to the following items in order to assure that the road will remain
in good condition including the following:
a. The vegetation should be mowed, limed and fertilized as needed. Areas that erode or
where seeding is unsuccessful should be reseeded.
b. Culverts shall be kept clear of trash and other obstructions that could prevent or reduce
its function. If culverts are not kept clear, it will cause runoff to flow over the road and
may cause flooding upstream. Ditch banks and bottoms shall be protected from erosion
by maintaining good vegetation.
c. The travelway shall be maintained by grading the surface material to fill any potholes that
develop and to evenly spread the surface material where the soil has been uncovered by
erosion.
d. The street sign shall be kept visible and legible so that visitors and emergency personnel
can easily locate the road.
5.6.7 Stormwater Management Standards
Stormwater design for developments disturbing more than one (1) acre shall follow the most
recent editions of NCDOT’s Guidelines for Drainage Studies and Hydraulic Design and NCDEQ’s
Division of Water Quality Stormwater Best Management Practices , unless otherwise specified for
properties located in a Watershed Protection Overlay.
5.6.8 Grading Standards
The following standards shall be met in establishing the grading plan for any development:
A. No grading shall take place in a stream buffer.
B. Developments shall be designed and constructed with a positive drainage flow away from
buildings and towards approved storm water management facilities. Plans for drainage
facilities shall be approved and sealed by a registered Professional Engineer.
C. Site grading and drainage facilities shall protect sinkholes, wetlands, ponds and lakes from
increased sediment loading.
D. All disturbed areas within the dedicated right-of-way and easements of any development
street shall be restored with vegetation and the landscaping standards shall be met. No
grading in the future right-of-way shall exceed one (1) vertical foot for two (2) horizontal feet.
E. All grading shall meet North Carolina’s Sedimentation and Erosion Control standards. Any site
that proposes more than one (1) acre of disturbed area is subject to approval by the NCDEQ.
Documentation of satisfactory review and approval of a soil and erosion control plan shall be
provided prior to approval of Construction Plans or a Zoning Permit, as applicable.
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5.6.9 Utility & Easement Standards
A. Developments proposing to utilize public or private water and sewer utilities shall
coordinate with the City of Roxboro and shall comply with the City’s utility extension
standards.
B. Development proposing to utilize community water and septic facilities shall be subject to
review and approval by the North Carolina Department of Environmental Quality (NCDEQ).
C. Electric and telecommunications utilities within new subdivisions shall be located
underground.
D. Easements shall be provided for utilities within the right-of-way of any proposed street in
which front or side lot lines extend to the center of the street. All utility easements shall be
at least ten (10) feet wide and may be required to be wider to meet minimum separation
distances.
E. Electric and telecommunications lines are recommended to be buried underground in all
subdivisions. However, in subdivisions of greater than ten (10) lots, electric and
telecommunications shall be buried underground.
F. The utility providers shall be provided with copies of the Construction Plans by the Developer
and be expected to work with the developer in designing the utilities plan for the
development. The developer and the utility companies shall agree on the width of easements
needed to service lines which are located on the front property line of the lots.
G. Where a development traverses a watercourse requiring an easement to be established
over that crossing, the easement shall be recorded prior to development activity.
5.6.10 Fire Protection Standards
All developments shall meet the standards of the latest edition of the North Carolina Fire
Prevention Code and appendices, adopted by the North Carolina Building Code Council. All
amendments thereto shall be effective on the date prescribed by the North Carolina Building
Code Council. The Person County Fire Marshal or his or her duly authorized representative is the
Fire Code Official charged with administration and enforcement of the Fire Prevention Code. All
persons empowered with the administration and enforcement of the Fire Prevention Code
possess an appropriate valid certificate issued by the North Carolina Fire Code Officials
Qualification Board.
5.6.11 Lighting Standards
A. Street lighting is optional in developments that do not require Site Plan approval. However,
provisions for street lighting are recommended to be incorporated within the developer's
utility plans, where street lighting is proposed.
B. While Site Plans are not required for single-family residential development, site lighting that
impacts adjacent or nearby properties is encouraged to be installed so as not to be a nuisance
to adjacent or nearby properties. This includes adding shields, directional downward lighting,
or providing screening to mitigate impacts.
C. For all projects requiring Site Plan approval, such as new multi-family residential and non-
residential uses, a photometric plan (Lighting Plan) shall be provided showing the location,
height, and illumination in footcandles of all outdoor lighting systems. The Lighting Plan shall
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not exceed a cumulative one-half (0.5) footcandles at the property line adjacent to a street
right-of-way or adjacent property.
D. All outdoor lighting fixtures, subject to this Ordinance, except for temporary and emergency
lighting, that would otherwise cause glare or obtrusive spillover shall be shielded, recessed
or otherwise oriented or treated in such a way to prevent glare or obtrusive spillover onto
adjacent properties. As a general principle, all outdoor lighting shall be directed downward
and away from adjoining property and streets and use LED lighting components. Illumination
shall not exceed one-half (0.5) footcandles at the property line adjacent to a street right-of-
way or adjacent property.
E. All floodlights shall be installed such that the fixture shall be aimed down at least 45 degrees
from vertical, or the front of the fixture is shielded such that no portion of the light bulb
extends below the bottom edge of an external shield. Floodlights and display lights shall be
positioned such that any such fixture located within 50-ft. of a public street right-of-way is
mounted and aimed perpendicular to and away from the right-of-way, with a side-to-side
horizontal aiming tolerance not to exceed 15 degrees from perpendicular to the right-of-way.
F. The mounting height of all outdoor lighting shall not exceed 40-ft. above finished grade,
except that the mounting height of outdoor sports field and outdoor performance area
lighting fixtures shall not exceed 80-ft. from finished grade. This shall not apply to publicly
owned recreational facilities.
G. All light fixtures shall meet the Illuminating Engineering Society of North America (IESNA)
definition of cutoff fixtures. Forward throw fixtures (Type IV light distribution, as defined by
the IESNA) are required within 25-ft. of any public street right-of-way. Alternatively,
directional fixtures (such as floodlights) may be used provided they shall be aimed and
shielded in accordance with this Ordinance.
H. Sign lighting shall be regulated in accordance with this Ordinance.
I. The following types of outdoor lighting are prohibited, except as necessary for health, safety
and welfare when installed by a local, state, or federal government unit or their agents or to
comply with local, state, or federal laws:
1. Light fixtures that imitate an official highway or traffic control light or sign.
2. Light fixtures in the direct line of vision with any traffic control light or sign.
3. Light fixtures that have a flashing or intermittent pattern of illumination.
4. Privately-owned light fixtures located in the public right-of-way.
5. Light fixtures that are a source of glare by their design, orientation or intensity.
6. Searchlights.
7. Unshielded open vertical light fixtures.
5.6.12 Solid Waste Collection
A. All non-residential and multi-family residential development shall be required to provide one
(1) or more dumpsters for solid waste collection that are:
1. Located so as to facilitate collection and minimize any negative impact on persons
occupying the development site, neighboring properties, or public rights-of-way.
2. Oriented for maximum efficiency in solid waste collection, receptible return, driver
visibility, vehicle maneuvering, and pedestrian safety.
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3. Screened in accordance with this Ordinance, primarily using a six (6) foot high concrete
block screen wall that is durable for solid waste collection over a period of time.
4. No solid waste, including grease barrels, shall be disposed and stored outside of the
dumpster or screen wall.
B. The method of garbage disposal shall be indicated on each Site Plan for non-residential or
multi-family residential uses or Major Subdivision Preliminary Plat that is submitted.
5.7 NON-CONFORMITIES
A. Within the districts established by this Ordinance, there may exist land uses which were
lawful before this Ordinance or its predecessor ordinances were passed but which would be
prohibited or restricted under the terms of this Ordinance. It is the intent of this Ordinance
to permit those non-conforming uses to continue until they are removed.
B. Non-conforming situations that were otherwise lawful on the effective date of this Ordinance
may be continued, subject to the restrictions and qualifications set forth in this Ordinance.
C. Nothing in this Ordinance shall prevent the maintenance or minor repair (of less than sixty
(60%) percent of taxed value) of a non-conforming situation to a safe condition, provided that
the size or extent of the non-conformity shall not be increased.
5.7.1 Non-Conforming Lots
A. Permitted structures may be erected upon any single lot of record at the time of adoption of
this Ordinance, provided the minimum yard requirements are met. A Variance meeting the
requirements is required if the yard width or setback requirements cannot be met.
B. The creation of a lot with a width or area smaller than allowed by existing zoning
requirements is prohibited, except by governmental action, such as road widening. Any lot,
which, by reason of realignment of a public street or highway or by reason of condemnation
proceedings, has been reduced in size to an area less than required by law, shall be
considered a non-conforming lot of record subject to the provisions set forth in this
Ordinance. any lawful use or structure existing at the time of such highway realignment or
condemnation proceedings, which would thereafter no longer be permitted under the terms
of this Ordinance shall be considered a non-conforming use or structure as that term is used
in this Ordinance.
5.7.2 Non-Conforming Uses, Developments, & Structures
A. A legally established non-conforming open use of land may be continued except as follows:
1. When a non-conforming use of land has been changed to a conforming use.
2. A non-conforming open use of land shall be changed only to conforming uses.
3. A non-conforming open use of land shall not be enlarged to cover more land than was
occupied by that use when it became non-conforming.
4. When any non-conforming open use of land is discontinued for a period in excess of 180
calendar days, any future use of the land shall be limited to those uses permitted in the
district in which the land is located. Vacancy and/or non-use of the land, regardless of the
intent of the owner or tenant, shall constitute discontinuance under this provision.
B. Non-conforming uses may not be changed to another non-conforming use unless the Board
of Adjustment determines that such change shall be no more detrimental to the
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neighborhood than the existing use. However, no change of title or possession, or right to
possession of property shall be construed to prevent the continuance of a non-conforming
use. A non-conforming use may be changed to a less intense use classification whenever the
use is changed to a more conforming classification. It shall not be allowed to change to the
original use or more intense use. For the purposes of this Ordinance, the order of
classification of uses from lower to higher for the purpose of this Ordinance shall be as
follows:
1. Agricultural uses.
2. Single-family and two-family dwellings.
3. Multi-family dwellings.
4. Civic, government and institutional uses.
5. Office and service uses.
6. Retail uses.
7. Recreation and entertainment uses.
8. Industrial, wholesale, transportation, utility uses.
C. If a non-conforming use is discontinued for a consecutive period of 180 calendar days or for
more than eighteen (18) months in any three (3) year period, the future use of the building
or land must be a conforming use.
D. Any structure existing at the time of adoption of this Ordinance which does not comply with
setback or yard requirements, or which exceeds height requirements, may be continued in
use but shall not be enlarged or extended unless such extensions or enlargement comply with
all the provisions of this Ordinance. No uncovered portion of a building may be covered if the
setback or height requirements are not met.
E. If a non-conforming structure or non-conforming use is destroyed or damaged in any manner,
especially for life-safety permitting matters, that structure or use may be restored 100% to
the original dimensions prior to damage with eighteen (18) months of the damage. Expansion
of the non-conforming structure or non-conforming use will require the structure or use to
follow the standards of this Ordinance.
F. A non-conforming structure or non-conforming use that is damaged by any casualty to an
extent more than fifty (50%) percent of its assessed value, based on County Tax Assessor
records, and needs a building permit to re-establish life-safety standards, it shall be restored
as a conforming use. Relief to the non-life-safety building elements may be granted by the
Inspections Department.
G. Should any non-conforming structure be moved for any reason within Person County, it shall
be brought into conformity to the regulations for the district in which it is to be located. Relief
to the non-life-safety building elements may be granted by the Inspections Department.
H. A non-conforming manufactured home on an individual conforming lot outside of a zoning
district in which it is permitted by right or conditionally may not be replaced except by a
conforming dwelling or with an equivalent year model or newer manufactured home. A non-
conforming manufactured home may not be enlarged or altered externally in any way.
I. Any substantial change of use, change in zoning classification, or expansion of twenty (25%)
percent or greater of an existing use, structure, or parking area shall not occur without the
requirements of this Ordinance having been met to the greatest extent possible as
determined by the Administrator and all solid waste containers shall be screened from view
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meeting the requirements of this Ordinance. If at any point the cumulative total of
expansions exceeds twenty (25%) percent of the original size, then this Ordinance shall apply.
Where the replacement material or structure can meet the standards of this Ordinance, then
this Ordinance shall apply and no one-to-one replacement of the non-conforming material or
structure shall be permitted.
J. Any substantial change of use, change in zoning classification, or expansion of twenty (25%)
percent or greater of an existing use, structure, or parking area, which is deficient in the
minimum number of parking spaces, parking lot paving, or curb and gutter as set forth in this
Ordinance, shall not occur without the requirements of this Ordinance having been met. The
Administrator may approve a new use within an existing structure if the number of off-street
parking spaces required for the new use (per this Ordinance) is within ten (10%) percent or
ten (10) spaces, whichever is less, of the number of off-street parking spaces actually
provided. Such relief may be granted on a one-time only basis per lot or planned
development. The requirements of this Ordinance shall be met to the greatest extent possible
as determined by the Administrator. If at any point the cumulative total of expansions
exceeds twenty (25%) percent of the original size, then this Ordinance shall apply. Where the
replacement material or structure can meet the standards of this Ordinance, then this
Ordinance shall apply and no one-to-one replacement of the non-conforming material or
structure shall be permitted.
K. Any substantial change of use, change in zoning classification, or expansion of twenty (25%)
percent or greater of an existing use, structure, or parking area shall not occur without the
requirements of this Ordinance being met to the greatest extent possible, as determined by
the Administrator. If at any point the cumulative total of expansions exceeds twenty (25%)
percent of the original size, then this Ordinance shall apply. Where the replacement material
or structure can meet the standards of this Ordinance, then this Ordinance shall apply and no
one-to-one replacement of the non-conforming material or structure shall be permitted.
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ARTICLE 7. SIGN STANDARDS
ARTICLE 6. SIGN STANDARDS
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6.1 PURPOSE & INTENT
6.1.1 Purpose
This Article provides guidance and standards for signs in the County’s planning jurisdiction.
Nothing in this Article favors commercial free speech over other forms of speech. Any legal sign
may display any type of legal speech. The erection and maintenance of signs is controlled and
regulated in order to promote the health, safety, welfare, convenience, and enjoyment of travel
on streets and sidewalks. These provisions are also intended to balance between the promotion
of beneficial commerce, protection of free speech, and the protection of community character.
Except as noted below, this Article does not regulate the content of signs. Commercial speech
may be freely substituted for other kinds of speech, including religious and political speech. More
specifically, these standards are intended to:
x To convey information and to support economic development.
x To promote traffic safety, wayfinding, and directional information.
x To prevent business and advertising signs from conflicting with public safety signs.
x To ensure that permitted signs do not become a hazard or nuisance.
x To facilitate fire and police protection, to protect and enhance the value of properties.
x To avoid interference with protected free speech.
x To regulate the content of signs to the least possible extent and only when absolutely
necessary to protect public health and safety.
x To regulate off-premise signs in accordance with State and Federal law.
x To ensure that any content-based signage standards serve a compelling public purpose and
are as narrowly tailored as possible.
x To avoid conflicts between advertising and public safety signs.
x To provide a pleasing overall environmental setting and good community appearance which
is deemed vital to the continued economic attractiveness of the County.
x To promote the public safety and welfare of the County.
6.1.2 Permit Required
A. No sign shall be constructed, erected, modified, placed, maintained, or moved, except as
authorized by this Ordinance. Unless otherwise exempted, a Zoning Permit must be obtained
in accordance with the procedures set forth in this Ordinance before a sign is erected,
modified, or moved on a zoning lot. No sign shall be placed within a public right-of-way or
within the sight triangle of a roadway intersection as would be determined by North Carolina
Department of Transportation (NCDOT), except as permitted by NCGS § 136-32.
B. The following signs shall be exempt from obtaining a Zoning Permit regardless of whether
they may be considered "signs":
1. Wall signs of less than two (2) square feet (SF).
2. Temporary signs in accordance with this Ordinance.
3. Any official traffic control, gateway, wayfinding, directory, or other public sign installed
by a local, state, or federal unit of government.
4. Signs carried by people.
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5. Incidental signs not legible from off-site or a public right-of-way. Examples include gas
pump signs, drive-through menu boards, on-site directional signs, and signs within a
sports stadium, signs located on the interior of buildings, courts, lobbies, or other
structures which are not intended to be seen from the exterior of such structures.
6. Window signs placed or painted on the interior or exterior of glass windows or door
provided that such signs cover no more than thirty (30%) percent of the glass area of the
entire storefront. Window signs that cover more than thirty (30%) percent of the glass
shall be considered wall signs and shall meet requirements set forth in this Ordinance.
7. Address signs affixed to structures, mailboxes, decorative light posts, or signs for driveway
entrances, which serve to identify the address of the structure or occupant for the
purposes of postal service and emergency E-911 location shall not exceed four (4) SF.
8. Any conforming residence is permitted to display up to two (2) signs that are no larger
than four (4) SF.
9. No trespassing signs.
6.2 GENERAL SIGN STANDARDS
6.2.1 Sign Area
A. The Sign Area, also known as the sign copy area, is the display area of a sign for messaging. It
is calculated as the area of the sign within the sign frame by measuring the length by the
width.
B. Signs may be one-sided or two-sided and shall not be triangular (three-sided) or V-shaped
(two-sided) with a gap between the two Sign Areas.
6.2.2 Sign Height
A. The height of a sign shall be measured from the highest point of a sign to the ground surface
beneath it.
B. For signs located below the grade of the adjacent street to which it has access, the height of
a sign shall be measured from the highest point of the sign to the elevation of the fronting
accessible street adjacent to the sign.
C. Ornamentation such as caps, spires and finials shall not extend more than two (2) feet from
the top of the sign.
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Figure 6-1: Sign Area
Figure 6-2: Sign Height
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ARTICLE 6. SIGN STANDARDS
6-5
6.2.3 Sign Setbacks
A. Except as provided in NCGS § 136-32, every part of all signs shall be located outside of any
street right-of-way, except that development entryway signs that meet the requirements of
this Ordinance, may be located in the islands within street right-of-way upon the acceptance
of an encroachment agreement by NCDOT.
B. No sign shall be in the sight triangle as set forth in this Ordinance.
C. The setbacks for each sign type are set forth in the table of requirements for that sign type.
D. Signs existing within public rights-of-way at the time adoption of this Ordinance shall be
moved out of the right-of-way upon notice at the sign owner’s or property owner’s expense.
E. Signs impacted by a condemnation proceedings shall be moved entirely onto the remainder
property in a cure condition to the best location physically possible that does not impact site
functionality.
6.2.4 Sign Illumination
Illuminated signs shall conform to the following:
A. Illuminated signs shall have lighting directed in a manner as to illuminate only the sign face
and illuminated signs shall be no greater than a one-half (0.5) footcandle at the site
perimeter.
B. Any externally lit sign or lighting device shall be so oriented as not to cast light upon a public
right-of-way in a manner that causes glare, intensity or reflection that may constitute a traffic
hazard or a nuisance, or cast light upon adjacent property that may constitute a nuisance.
C. Illuminated signs shall employ only devices emitting a light of constant intensity, and no signs
shall be illuminated by a flashing, intermittent, rotating or moving light.
D. All lighting shall meet all applicable electrical codes.
E. A new non-residential sign within 100-ft. of and oriented towards an existing residential
structure shall not be illuminated between the hours of 11:00 P.M. and 6:00 A.M., including
LED electronic changeable copy signs.
F. Signs shall not include flashing lights, spinning lights, strip lights, large spot lights, or any other
lighted animation. LED changeable copy signs shall incorporate a diming feature, where
possible, to fifty (50%) percent between 11:00 P.M. and 6:00 A.M.
6.2.5 Removal of Signs Authorized
The Administrator or designee may remove and destroy or otherwise dispose of any sign placed
on public property or within any right-of-way of any public or private street. Penalties may be
levied for each such sign as outlined in this Ordinance.
6.2.6 Removal of Discontinued Signs
A. If a conforming sign advertises a business, service, commodity, accommodation, attraction or
other enterprise or activity that is no longer operating or being offered or conducted, a blank
sign face shall be installed within sixty (60) calendar days after such discontinuation.
B. If a non-conforming sign advertises a business, service, commodity, accommodation,
attraction or other enterprise or activity that is no longer operating or being offered or
conducted that sign and sign structure including, but not limited to, the supporting braces,
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anchors or similar components shall be considered discontinued regardless of reason or
intent and shall, within 180 calendar days after such discontinuation, be removed by the
owner of the property where the sign is located.
C. Any sign that has exposed internal parts shall be considered a discontinued sign and be
subject to this Ordinance.
6.2.7 Maintenance & Upkeep of Signs
A. All sign supports, braces, poles, wires and other appurtenances of the sign or sign structure
shall be kept in good repair, maintained in a safe condition, and shall conform to the
standards in this Ordinance and the North Carolina State Building Codes.
B. Maintenance of sign supports, braces, poles, wires and other appurtenances of the sign or
sign structure and not the result of damage or destruction shall not require a Zoning Permit,
provided the sign is not enlarged, moved, or altered in any manner which would create or
increase a non-conforming condition.
C. A sign face shall be in a state of disrepair when more than twenty (20%) percent of its total
surface is disfigured, cracked, ripped or peeling paint or poster paper, or any combination of
these conditions.
D. No sign shall be allowed to stand with bent or broken sign facing, broken supports, loose
appendages or struts.
E. No sign or sign structure shall be allowed to have weeds, vines or other vegetation growing
on it and obscuring it from the road or highway from which it is intended to be viewed.
F. No illuminated sign shall be allowed to operate with partial illumination.
G. Signs that are structurally unsafe and thereby endanger the public safety shall be removed
by the property owner or sign owner, unless they are repaired and made to comply with the
requirements of the NC Building Code, as amended. If the Person County Building Inspector
finds that any sign is dangerous or is menace to the public, he or she shall give written notice
of such violations to the owner of the sign or by affixing a copy of the notice to the sign, sign
structure or building for a period of five (5) calendar days. The notice shall set forth the nature
of the violation and order the violator to repair the sign in such a manner to be approved by
the Person County Building Inspector in conformance with the provisions of this Ordinance
or remove the sign forthwith in the case of imminent instability or immediate danger of
falling, and in any case within ten (10) calendar days of receipt. If within ten (10) calendar
days the notice is not complied with, the County shall have the authority to remove the sign
at the recipient’s expense and to destroy or otherwise dispose of same. In cases of
emergency, the County may cause the immediate removal of a dangerous or unsafe sign
without notice, at the expense of the property owner and/or sign owner.
6.2.8 Non-Conforming Signs
Non-conforming signs shall be subject to the provisions of this Ordinance.
6.3 TEMPORARY SIGNS
The provisions of this Ordinance shall apply to the placement and display of temporary signage
within the County. A temporary sign is one installed within a defined period within one (1)
calendar year following the erection of such sign. Any temporary sign that does not comply with
271
ARTICLE 6. SIGN STANDARDS
6-7
the provisions of this Ordinance is prohibited. Any sign which is permanently displayed shall
comply with the provisions of this Ordinance. Temporary signs do not require the issuance of a
Zoning Permit.
6.3.1 Common Standards
All temporary signs shall comply with the following common standards:
A. Temporary signs shall not be illuminated or be provided with any electric service.
B. Temporary signs shall not be placed within any public street right-of-way, including within
medians, unless expressly permitted by this Ordinance or the NCGS, and shall not be placed
in a manner that obstructs clear sight distance (within the required sight triangle) for drivers
at street intersections or driveways.
C. Temporary signs attached to building walls (other than permitted window signs) shall not
obstruct any window, door, fire department sprinkler connection, or street number sign.
D. Temporary signs shall not be affixed to a permanent sign or its supporting structure, including
both building mounted and freestanding permanent signs.
E. Temporary signs shall not become snipe signs or permanent signs.
F. Temporary signs, other than Type 4 Freestanding Temporary Signs, shall not be placed upon
any sidewalk or other pedestrian walkway.
G. Temporary signs shall not be placed on the roof of a building, or affixed to an object that is
not designed, constructed, and permitted as part of the sign.
H. Temporary signs shall be constructed of durable weatherproof materials and shall not be
made with unfinished plywood or paper.
I. Where temporary signs are limited in the duration of their display and limited in the total
number of displays per calendar year, any required period of separation between such
displays shall carry through to the following calendar year, and shall be observed prior to
initiating the first allowed display during the new calendar year.
J. Signs advertising an event shall be removed within twenty-four (24) hours after the event
ends, or be subject to removal and discarded.
6.3.2 Temporary Freestanding Signs
The following standards shall apply to all Freestanding Temporary Signs:
A. Signs shall not be affixed to poles, posts, stakes or other supporting structures that are
permanently installed or anchored into the ground through the use of concrete foundations
or similar anchoring techniques.
B. Signs, other than Type 4 Freestanding Temporary signs, shall be set back from the edge of the
right-of-way by a minimum of five (5) feet.
C. The following are types of Freestanding Temporary Signs, per this Ordinance:
1.Type 1 Freestanding Temporary Signs – Signs in this category consist of small, temporary
yard signs that are typically associated with (but not limited to) the advertisement of real
estate, political campaigns and meeting announcements. Such signs are also subject to
NCGS § 136-32(b).
2.Type 2 Freestanding Temporary Signs – Signs in this category are typically referred to as
“banners” or “flags” that are typically associated with (but not limited to) the
announcement of community, sporting and similar special events.
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ARTICLE 6. SIGN STANDARDS
6-8
3.Type 3 Freestanding Temporary Signs – Signs in this category are large temporary signs
typically associated with (but not limited to) the advertisement of large tracts of land for
sale, construction and development activity or the advertisement of commercial or
industrial buildings for sale or lease.
4.Type 4 Freestanding Temporary Signs – Signs in this category, defined as Type 4
Freestanding Temporary signs, shall include only those signs which are constructed in a
manner that is commonly referred to as an “A-frame” or “sandwich board” sign. The faces
of the sign shall be connected at the top by hinges or similar mechanisms and the sign
shall be self-supporting when placed in its display position.
Figure 6-3: Temporary Freestanding Signs
Type 1 Temporary Freestanding Signs
Type 2 Temporary Freestanding Signs
Type 3 Temporary Freestanding Signs
Type 4 Temporary Freestanding Signs
273
ARTICLE 6. SIGN STANDARDS
6-9
Table 6-1: Temporary Freestanding Sign Criteria
1The display area may be either single or dual-sided, but shall not consist of more than one (1) distinct component.
2Per parcel or group of adjacent parcels under common ownership or tenancy.
6.3.3 Temporary Building Mounted Signs
6.3.3.1Wall Banners
Signs in this category are made of flexible canvas or vinyl material and attached to a
building wall. Wall banners are typically associated with, but not limited to the
announcement or advertisement of special events, sales, or promotions or to announce
employment opportunities.
Criteria Type 1 Type 2 Type 3 Type 4
Zoning District Any district Any District Any District Any District
Land Use Any land use
Any land use
x Residential Use
Group for lots or
developments of
greater than 2-
acres
x Vacant or
undeveloped lots of
greater than 2-
acres
x Any property with a
minimum of 200
feet of frontage on
a public right-of-
way.
Any non-residential
land use
Max. Size1 (SF) 6 SF 18 SF 18 SF 6 SF
Max. Height (feet) 4 ft 4 ft
8 ft 4 ft
Number
Permitted2
1 per 100 feet of
public road frontage
1 per 100 feet of
public road frontage
1 per 100 feet of
public road frontage
1 per public building
entrance
Max. Duration Per site or event 7 days up to 12 times
per calendar year
2 years3 Between daily
opening and closing
Mounting Supported by posts
or stakes
Supported by posts
or stakes
Supported by a
minimum of 2 posts
or stakes
A-frame or H-frame
Sign Material Rigid Flexible Rigid Rigid
Other Signs subject to NCGS
§ 136-32
Shall not be
displayed upon a
parcel that contains a
permanent
freestanding sign
x May be located on
sidewalk with a
minimum 3-ft.
clearance
x Shall be anchored
274
ARTICLE 6. SIGN STANDARDS
6-10
6.3.3.2Window Signs
Signs in this category are temporarily attached to or painted on a window or door.
Window signs are typically associated with (but not limited to) the announcement or
advertisement of special events, sales, or promotions or to announce employment
opportunities. Window signs shall be placed in a manner that facilitates Crime Prevention
Through Environmental Design (CPTED) to allow for maximum safety and to not impede
emergency response.
Table 6-2: Temporary Building Sign Criteria
6.4 PERMANENT ON-PREMISE SIGNS
The provisions of this Ordinance shall apply to the placement and display of permanent on-
premise signage within the County, subject to the issuance of a Zoning Permit in accordance with
this Ordinance. Permanent on-premise signage is installed with the intent that the sign will be
constantly on display for a period of greater than thirty (30) calendar days.
6.4.1 Building Signs
A permanent sign that is affixed to a building wall, window (larger than two square feet), canopy
or awning shall meet the standards of this Ordinance and are subject to the issuance of a Zoning
Permit. Building signs are allowed for permitted non-residential uses.
Criteria Wall Banners Window Signs
Zoning District Any district Any District
Land Use Any land use
Any land use
Max. Size1 (SF) 50% of total building façade area 50% of total window area
Max. Number 1 per building wall 2 per window
Max. Duration Same banner shall not be displayed
for more than 6 consecutive months
No Limit
Mounting Supported by posts or stakes Supported by posts or stakes
Sign Material Flexible vinyl or canvas Weatherproof materials for signs
placed on exterior of window
Other Shall be attached to building wall
and not attached to roof
Permanent window signs shall be
counted toward permitted building
sign area
275
ARTICLE 6. SIGN STANDARDS
6-11
Figure 6-4: Building Sign Types
Flush Wall Sign Projecting Sign
Canopy Sign Awning Sign & Flush Window Sign
276
ARTICLE 6. SIGN STANDARDS
6-12
Table 6-3: Permanent Building Sign Criteria
A. Canopy signs shall not cover more than fifty (50%) percent of the canopy area and shall not
have backlighting, racetrack lighting, neon-like strips, or underlighting.
B. Permanent window signs shall not comprise more than fifty (50%) percent of the window
area in addition to the maximum area requirements of this Ordinance and shall not be located
on the same window with a temporary window sign. Window signs shall not count against
the total sign area.
C. Wall signs shall not project more than twelve (12) inches from the wall face, except that
projecting signs may project up to five (5) feet but may project over a sidewalk, as long as it
does not impede use of the sidewalk. Wall signs may not project into a street right-of-way.
Projecting signs shall provide a minimum eight (8) foot vertical clearance. Projecting signs
shall be limited to 16 SF per building wall.
D. Building signs shall not extend above the parapet or eave of the building.
E. Up to fifty (50%) percent of the allowable area of a wall sign or window sign may be
changeable copy sign. No changeable copy features are permitted to be included on a
projecting, canopy, or awning sign.
Zoning
District
Type
Allowed Illumination Max.
Area (SF)
Max.
Number Other
RD x Flush
x Awning
x Window
Internal 1 SF per
linear foot of
tenant space
building wall
up to 32 SF
1 per
tenant
space
x Building signs may
be mounted on
walls that front on a
public or private
street, internal
drive, or contain a
public entrance
from a parking area.
x Max. area may be
split between
number of signs
allowed per business
R x Flush
x Window
None 1 SF per
linear foot of
tenant space
building wall
up to 32 SF
1 per
tenant
space
NC x Flush
x Projecting
x Canopy
x Awning
x Window
Internal or
External
2 SF per
linear foot of
tenant space
building wall
up to 72 SF
1 per
tenant
space
HC x Flush
x Projecting
x Canopy
x Awning
x Window
Internal or
External
2 SF per
linear foot of
tenant space
building wall
up to 200 SF
1 per
tenant
space
GI x Flush
x Projecting
x Canopy
x Awning
x Window
Internal or
External
2 SF per
linear foot of
tenant space
building wall
up to 200 SF
1 per
tenant
space
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ARTICLE 6. SIGN STANDARDS
6-13
6.4.2 Freestanding Signs
A freestanding sign located on-site that is permanently mounted to the ground shall meet the
following requirements and are subject to the issuance of a Zoning Permit. Freestanding ground
signs are permitted for any principal nonresidential use in any zoning district. They may also be
established in association with multi-family residential developments and single-family
residential developments containing 10 or more dwelling units.
Figure 6-5: Permanent Freestanding Sign Types
Monument Sign Multi-tenant Monument Sign
Arm Sign Pole Sign
278
ARTICLE 6. SIGN STANDARDS
6-14
Table 6-4: Permanent Freestanding Sign Criteria
A. Manual or electronic changeable copy area may be included on any freestanding sign in a
zoning district that permits internal illumination. The area devoted to changeable copy shall
be limited to seventy-five (75%) percent of the total area of the sign face. All signs that
include an electronic changeable copy feature shall meet the minimum North Carolina
Department of Transportation requirements for lighting and message duration contained in
NC Administrative Code 2E.0203(3a-c & 4a (i-iii)).
B. Freestanding signs shall not be located within parking areas and shall be surrounded by a
minimum of 30 SF of turf or landscaped area, and protected from vehicles by curbing, wheel
stops, or similar devices.
C. Multi-tenant monument signs shall be designed to accommodate multiple tenants. No copy
area designed for a single tenant shall be divided or converted into a multi-tenant sign.
6.4.3 Comprehensive Sign Plans
A. As an alternative to the standards established by this Ordinance, developments consisting of
100,000 SF or more of gross floor area or which occupy an area of 10-acres or more, may
submit for a Comprehensive Sign Plan, which details alternative regulations for the
installation and display of signs within the development. Comprehensive Sign Plans shall
follow the Site Plan review process in this Ordinance and may only be modified in the same
manner in which they were originally approved.
B. Comprehensive Sign Plans shall provide detailed regulations for the following, at a minimum:
1. Permitted sign types.
2. Permitted sign area per this Ordinance and a maximum sign height not to exceed fifteen
(15) feet in height from the adjacent crown of the road for each proposed sign.
Zoning
District
Type
Allowed Illumination Max.
Area (SF)
Max.
Height
(feet)
Max.
Number Other
RD x Monument
x Arm
Internal 32 SF + 8 SF
per tenant
up to 64 SF
10 1 per lot x Multi-tenant signs are
required where multiple
tenants are located on a
single lot of record or
within a shopping
center or similar
planned development.
x Shall not be located
within 50 feet of any
other freestanding sign
x Shall be set back from
the side property line
the distance of its
height.
x Shall not be located
within any street right-
of-way
R x Monument
x Arm
None 32 SF
10 1 per lot
NC x Monument
x Arm
x Pole
Internal or
External
40 SF + 8 SF
per tenant
up to 144 SF
20 1 per 500
feet of
street
frontage
HC x Monument
x Arm
x Pole
Internal or
External
40 SF + 8 SF
per tenant
up to 200 SF
30 1 per 500
feet of
street
frontage
GI x Monument
x Arm
x Pole
Internal or
External
64 SF + 8 SF
per tenant
up to 200 SF
30 1 per 500
feet of
street
frontage
279
ARTICLE 6. SIGN STANDARDS
6-15
3. Permitted sign materials for each type of sign.
4. Permitted types of illumination for each sign type.
5. The location of all proposed signs, including permitted mounting locations for building
mounted signs.
6. The type, display location, materials, size and height for any temporary signs permitted
to be displayed.
C. The goal of the Comprehensive Sign Plan is to create an integrated typology for the permitted
signs on the property. To that end, the proposed regulations shall be designed in a manner
to require the use of signage with common characteristics, both within individual sign types
and across the various types of signs. The Comprehensive Sign Plan shall include a plan view
of the sign locations proposed, the sign type at the locations, a numerical total of signs
proposed by type and location, and a profile view of all proposed sign types with dimensions.
6.5 OFF-PREMISE DIRECTIONAL SIGNS
Off-premise directional signs do not require a Zoning Permit. However, these signs shall conform
to the standards of this Ordinance and other applicable parts of this Ordinance. An off-premise
directional sign which does not meet such provisions of this Ordinance shall be considered in
violation of this Ordinance.
Table 6-5: Permanent Freestanding Sign Criteria
A. Sign frames and their copy areas shall be parallel to each other, back-to-back construction,
with one (1) sign face per directional flow of traffic, and perpendicular (at 90-degrees) to the
adjacent right-of-way. No sign frame and copy area shall be offset or at a V-shape
B. Not more than three (3) off-premise directional signs shall contain directions to the same
business, organization, or activity.
C. Off-premises directional signs shall only be placed with the written permission of the property
owner upon whose property the sign is placed and shall not be located in the street right-of-
way or sight triangle as set forth in this Ordinance.
D. Removal of discontinued off-premise directional signs shall occur within ninety (90) calendar
days of ceasing the use of the sign. The property owner or sign owner shall be responsible for
sign removal and expense. In the event that the sign is abandoned, Person County shall utilize
the provisions of this Ordinance to have the sign removed and expense to the property
owner.
Zoning
District Illumination Max.
Area (SF)
Max.
Height
(feet)
Min.
Setbacks (feet) Max.
Number Other
All
Districts
None 32 SF 6-ft. 2 feet from
right-of-way
1 per
lot, per
street
frontage
Max. of 1 sign face per
directional flow of traffic
up to 2 sign faces per
structure
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ARTICLE 6. SIGN STANDARDS
6-16
6.6 PROHIBITED SIGNS
The following signs are prohibited within Person County:
6.6.1 Signs that Obstruct Driver Visibility
Signs that substantially interfere with the view necessary for drivers to operate a vehicle or to
proceed safely through intersections, to enter onto or exit from public streets, private roads, and
driveways, or that obstruct the driver’s view of approaching, merging or intersecting traffic
including, but not limited to, signs in excess of three (3) feet tall in sight triangles.
6.6.2 Signs Emitting Glare
Signs with light sources or reflectivity of such brightness that result in glare, adversely impairing
a driver’s vision or into residential buildings not related to the signs, or which interfere with the
effectiveness of, or obscures an official traffic sign, device or signal. These signs include the use
of neon-like signs, halogen lights, a concentration of lights, or the light’s angle of direction.
6.6.3 Simulated Public Safety, Warning, or Traffic Signs
Signs by their location, color, illumination, size, shape, nature, message or appearance resemble
official traffic, safety or warning signs or lights or other devices erected by governmental
agencies. This prohibition includes signs having no bona fide safety necessity, involving the terms
“caution”, “danger”, “slow”, “stop” or “yield”, or which utilize geometric figures, symbols, lights,
location or message not unlike official traffic, safety or warning signs, signals or lights. Provided,
however, this provision is not intended to prevent the placement on private property of signs
with “stop”, “yield” or other such wording or design where such is necessary for traffic control or
other such legitimate notice to the public.
6.6.4 Signs Obstructing Fire Safety Ingress & Egress
Any sign located outdoors which interferes with free passage from or obstructs any fire escape,
downspout, window, door, stairway, ladder, or opening intended as a means of ingress or egress
or providing light or air.
6.6.5 Snipe Signs
Snipe signs made of any material that are placed upon or attached to curbs, utility poles, posts,
fences, fire hydrants, bridges, another sign, public benches, streetlights, trees, natural features,
or over or across any public street or public property without prior approval, are prohibited. This
provision shall not apply to the posting of public interest, security, and warning signs, nor to
street signs placed upon poles by governmental agencies for designating street names or
wayfinding signage.
6.6.6 Signs Below Minimum Clearance
Signs, marquees, canopies and awnings with vertical clearance of less than eight (8) feet above
sidewalks, pedestrian areas, parking, or vehicular circulation areas.
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ARTICLE 6. SIGN STANDARDS
6-17
6.6.7 Animated or Flashing Signs
Signs with animated, blinking, chasing, flashing or moving effects. No signs shall contain flashing
lights. Signs that rotate have mechanical moving parts propelled by the wind or my motor.
Spinners, whirligigs, and similar devices placed to attract attention are included in this
prohibition, except within thirty (30) calendar days of the issuance for a Certificate of
Compliance/Zoning Permit for a building or tenant space.
6.6.8 Signs in Public Rights-of-Way
Signs erected in or over any public right-of-way, except for major special event signs by special
permit, governmental signs, and signs subject to NCGS § 136-32 prior to elections.
6.6.9 Obscene Signs
Signs containing words or graphics that are obscene, as defined in NCGS § 14-190.1.
6.6.10 Signs Placed Without Permission
Signs placed on property without permission of its owners or agent.
6.6.11 Unspecified Temporary Signs
Portable or temporary signs, except as permitted by this Ordinance.
6.6.12 Festooned Signage
Signs or devices containing or consisting of pennants, ribbons, streamers, or suspended strands
placed to attract attention, except within thirty (30) calendar days of the issuance for a Certificate
of Compliance/Zoning Permit for a building or tenant space.
6.6.13 Inflatable Signs
Signs inflated with air including balloons having a width, height, depth or circumference of
greater than two (2) feet, except within thirty (30) calendar days of the issuance for a Certificate
of Compliance/Zoning Permit for a building or tenant space.
6.6.14 Facsimile Signs
Three-dimensional (3D) objects or human figures which may or may not contain advertising
matter, and may or may not contain information about products sold on the premises, and is
located in such a manner as to attract attention.
6.6.15 Roof-Mounted Signs
Signs erected in whole or in part on, upon or over the roof or parapet of a building or structure,
which is wholly or partially dependent upon the roof of the building or structure for support and
where the roof was not originally designed to accommodate a sign.
6.6.16 Vehicle-Mounted Signs
Signs placed upon, painted on, attached or displayed on parked vehicles or trailers (such as
banners), where primary purpose of the vehicle or trailer is to advertise a product or business or
282
ARTICLE 6. SIGN STANDARDS
6-18
to direct people to a business or activity. These signs do not include permanent vehicle wraps or
for commercially used vehicles.
6.6.17 Pavement Signs
Signs painted on or adhered to a paving surface, other than for safety or directional control.
6.6.18 Transportable Signs
Any sign whose sign face was initially constructed as a temporary sign or permanent sign
designed to be fixed, mounted, or stationary and is relocated and/or transported on wheels.
6.6.19 Other Signs Not Expressly Permitted
Where determination can be made by the Administrator to categorize a sign listed within this
Ordinance, any other sign not expressly permitted in this Ordinance shall be prohibited.
6.7.20 Non-Conforming Signs
Signs that were legally erected and were in place prior to the adoption of this Ordinance, but
which do not conform to the provisions of this Ordinance are declared non-conforming signs.
Non-conforming signs may continue to be utilized in good repair in connection with any use or
structure permitted in this Ordinance only under the following conditions, limitations, and
restrictions:
A. Only normal maintenance and repair may be performed on a non-conforming sign. Normal
maintenance and repair, as used herein, means repainting, changing lights, replacing broken
glass or other routine work necessary to keep the sign safe, in good repair or neat in
appearance. Normal maintenance shall not include structural alterations.
B. A non-conforming sign shall not be enlarged, raised, relocated, or have illumination added.
If damaged, destroyed or permitted to deteriorate to an extent of more than sixty (60%)
percent of the appraised replacement cost, a non-conforming sign shall not be repaired or
replaced, and shall be immediately removed.
C. A non-conforming sign shall not be re-established once the sign structure has been removed.
D. A non-conforming sign shall not be re-established after the use has been discontinued
regardless of reason or intent for 180 calendar days or more.
E. If a non-conforming sign is blank or advertises a business, service, commodity,
accommodation, attraction or other enterprise or activity that is no longer operating or being
offered or conducted, that sign shall be deemed abandoned and shall be removed or brought
into compliance by the sign owner, property owner, or other party having control over such
sign within ninety (90) calendar days after the use has ceased operation or the service or
commodity has ceased being offered. Any non-conforming sign on a lot where the principal
structure is vacant for a period of ninety (90) calendar days shall be removed or altered to
conform to the regulations of this Article.
F. Signs associated with condemnation proceedings that are permitted to be relocated on the
remaining portion of that same lot to meet a cure condition, shall be legally conforming or
altered to be legally conforming to be relocated.
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ARTICLE 6. SIGN STANDARDS
6-19
G. Non-conforming portable and temporary signs shall be removed within sixty (60) calendar
days of the effective date of this Ordinance and amendments affecting the conformity of the
sign.
H. Where the replacement material or structure can meet the standards of this Ordinance, then
this Ordinance shall apply and no one-to-one replacement of the non-conforming material or
structure shall be permitted.
6.7.21 Billboards/Off-Premise Outdoor Advertising Signs
Unless allowed per NCGS § 160D-912 and § 136, Article 11, and permitted through separate
agencies within rights-of-way, such as NCDOT, billboards or off-premise outdoor advertising signs
shall not be permitted in any zoning district in the County to preserve the natural beauty and
topography of the County and to ensure that development is consistent with indigenous natural
and physical features.
284
A-1
ICO
NFORMITIES
APPENDICIES
285
APPENDIX A: PERMITTED USE TABLE
A-2
APPENDIX A: PERMITTED USE TABLE
General Provisions
A. No initial land use shall be permitted on a site pursuant to this Ordinance and no Zoning
Permit authorizing a use shall be issued, unless that land use is listed as a Permitted Use or
Special Use in this Ordinance and all applicable permits and approvals have been issued. The
Permitted Uses listed in the following Permitted Use Table are only for the “principal use” on
each lot, tract, or parcel. Uses that are subordinate to or co-located within the principal use
are considered to be an “accessory use” and no accessory use shall become a principal use
without following this Ordinance to become a principal use.
B. No accessory use or structure can be placed on a property or used, unless there is a principal
use or structure already permitted and/or exists on the same lot, tract, or parcel to which
that use is accessory.
Use Determinations
The Administrator shall determine a principal use from an accessory use and whether a use not
mentioned can reasonably be interpreted to fit into a use category where similar uses are
described. It is the intent of this Ordinance to group similar or compatible land uses into specific
zoning districts, either as permitted uses or as uses authorized by a Special Use Permit. Uses not
listed as a Permitted or Special Use are considered a Prohibited Use from the applicable zoning
district. In the event that a particular use is not listed in the Permitted Uses Table and such use is
not listed as a prohibited use and is not otherwise prohibited by law, the Administrator shall
determine whether a materially similar use exists in this Ordinance. The Administrator may
determine that a use is materially similar, if it falls within the same industry classification of the
latest edition of the North American Industry Classification Manual (“NAICS”), or is on similarly-
situated land within Person County. Should the Administrator determine that a materially similar
or similarly-situated use does exist, the regulations governing that use shall apply to the
particular use not listed and the Administrator’s decision shall be recorded in writing. In the event
that the parties do not agree upon the Administrator’s interpretation, the determination may be
appealed to the Board of Adjustment.
Table Classifications
A. The uses listed in Appendix A: Permitted Use Table of this Ordinance are defined in Appendix
B: Definitions of this Ordinance, the NAICS, or in other resources cross-referenced in this
Ordinance. These uses are classified into the general categories of Agricultural, Residential,
Civic, Government, & Institutional, Recreation & Entertainment, Office, Retail, & Service,
Industrial, Warehousing, Transportation & Utility.
B. The uses listed in the table are permitted, special, prohibited, or ancillary, as follows:
1.Permitted Uses – Indicated by the letter “P” on the Permitted Use Table, are uses that
the listed use is a permitted by-right use within that zoning district and are subject to all
other applicable standards of this Ordinance.
2.Special Uses – Indicated by the letter “S” on the Permitted Use Table, are uses that the
listed use may become a permitted use within that zoning district when the Person
County Board of County Commissioners approves a Special Use Permit, in accordance
286
APPENDIX A: PERMITTED USE TABLE
A-3
with the review procedures of this Ordinance and are subject to all other applicable
standards of this Ordinance and any conditions of approval reasonably imposed by the
Board of Commissioners, per this Ordinance.
3.Prohibited Uses – Indicted by a blank spaces in the Table of Permitted Uses are uses that
are prohibited in that respective zoning district, without exception.
4.Accessory Uses – Accessory Uses are also known as Ancillary Uses that are subordinate
to the Principal Use listed in the Permitted Use Table. For purposes of this Ordinance, it
is presumed that an Accessory Use shall be allowed within the Principal Use building or
site that is consistent and compatible with that use and does not alter or cause a redesign
of the Principal Use of the site, nor results in an impact to public health, safety, and
welfare.
Permitted Use Table
AGRICULTURAL USES RD R NC HC GI
Accessory structure (agricultural uses)P P P P P
Agricultural use, Bona Fide Farm, agritourism (per NCGS §
160D-903) Exempt
Agricultural use, Non-Bona Fide Farm P P P P P
Equestrian use (commercial boarding & riding stables) P P P
Farm & garden supply, equipment sales, & service P P P P
Landscaping service/supply/plant nursery P P P P
Auction house (livestock & non-Bona Fide Farm) P
Produce stand P P P P
Sawmill operations P P P
Tobacco harvesting, curing, & processing facilities P P P P
RESIDENTIAL USES RD R NC HC GI
Accessory structure (residential uses)P P P P P
Assisted/independent living facility/family care home P P P P
Daycare facility (adult or child) P P P P
Dwelling, accessory (habitable designed structures) P P
Dwelling, accessory (temporary construction camper/RV) P P
Dwelling, accessory (temporary hardship manufactured home) P P P P
Dwelling (multi-family) P P P P
Dwelling (single-family attached & detached) P P P
Dwelling (two-family duplex/garage apartment) P P P
Home occupation P P P P
Manufactured home P P
Manufactured home park P P
Manufactured home sales center P P P
Residential development sales office (temporary) P P P P
CIVIC, GOVERNMENT, & INSTITUTIONAL USES RD R NC HC GI
Accessory structure (civic, government, & institutional uses) P P P P P
Cemetery (Institutional or family plot)P P P P P
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APPENDIX A: PERMITTED USE TABLE
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CIVIC, GOVERNMENT, & INSTITUTIONAL USES RD R NC HC GI
Cemetery (commercial) P P P P
Civic/government facility (corrections/jail) S
Civic/government facility (offices/operations)P S P P P
Hospital P P P P
Medical clinic/emergency care P S P P P
Post office P P P P P
Religious institutions P P P P P
School (public/private post-secondary, trade, or college)P P P P P
School (public/private pre-K through 12) P P P P
RECREATION & ENTERTAINMENT USES RD R NC HC GI
Accessory structure (recreation & entertainment uses) P P P P P
Amusement facility (arcade, indoor, & outdoor) P P P
Amusement facility (internet café) Not Permitted
Arts & crafts studio P P P P P
Assembly hall/lodge/club P P P P
Adult-oriented business S
Campground/RV park (commercial & workforce housing) S S S S S
Fitness facility P P P P
Golf course P P P P
Lodging with on-site manager (hotel or motel) S P P
Lodging without on-site manager (bed & breakfast, short-term
rental, & homestay rental) P P P P
Marina P P P P
Parks/outdoor recreation/trails/trailheads P P P P P
Shooting range (indoor commercial/club) P P P
Shooting range (outdoor non-commercial/club) S P
OFFICE, RETAIL, & SERVICE USES RD R NC HC GI
Accessory structure (office, retail, & service uses) P P P P P
Alcohol (ABC) retail sales P P P
Appliance sales & service P P P
Auction house (non-livestock & non-Bona Fide Farm) P P P
Automobile sales, rentals, parts, repair shop, or service station P P P P
Banks/financial services P P P P
Barbershops/salons P P P
Bicycle sales & repair service P P P P
Blacksmith/gunsmith service P P P P
Boat/vessel sales & service P P P P
Brewery/distillery/winery P P P P
Broadcast/film studio P P P P
Builder’s supply (with outdoor display) P P P P
Carwash P P P P
Catering service P P P P
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OFFICE, RETAIL, & SERVICE USES RD R NC HC GI
Construction trades & service P P P P
Convenience store P P P P
Dry cleaning & laundry service P P P P
Event center P P P P
Funeral service (with crematory) P
Funeral service (without crematory) P P P P
General store (specialty retail/variety store) S P
Grocery store P P P
Grocery store with general merchandise (wholesale club) P P
Janitorial supplies & service P P P P
Office (home) P P P P P
Office (medical/professional)P P P P
Pain clinic/pill mill Not Permitted
Pawn shop P P P
Pest control service P P P P
Pharmacy (per NCGS § 90-85.3 & § 90-85.21) P P P P
Photography studio P P P P
Printing, binding, & reprographics service P P P P
Restaurant P P P P
Retail sales & services P P P P
Smoke shop/vape shop/tobacco sales P P P
Tattoo/microblading studio P P P
Taxidermy P P P P
Thrift/consignment store P P P P
Veterinary clinic/animal boarding/grooming P P P P
Yard/garage/estate sales P P P P P
INDUSTRIAL, WAREHOUSE, TRANSPORTATION,
& UTILITY USES RD R NC HC GI
Accessory structure (industrial, warehouse, transportation, &
utility uses) P P P P P
Airport/heliport S S S P
Bus/train/transit station P P P P
Bus/train/transit terminal, repair, or hauling yard P P
Commercial salvage yard S
Data center P P P P
Hazardous material/solid waste disposal or storage Not Permitted
Industrial (heavy) P
Industrial (light) P P P
Moving company/truck rental P P P P
Non-wireless telecommunications tower P P P P
Outdoor/open storage P P P P
Parking lot (commercial) P P P P
Paving/asphalt/concrete batch plant P
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APPENDIX A: PERMITTED USE TABLE
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INDUSTRIAL, WAREHOUSE, TRANSPORTATION,
& UTILITY USES RD R NC HC GI
Pharmaceutical/vitamin packaging P P P
Research, development, & testing facility P P P
Solid Waste Disposal Facility (large scale) S
Solid Waste Disposal Facility (small scale) S P P P
Taxicab stand/office P P P P
Telecommunication facilities P P P P
Telecommunication towers (up to 300-ft. in height) P P P P
Truck stop P P
Truck terminal, repair, or hauling yard P
Utility systems (service provision to all land uses) P P P P P
Utility systems (small-scale energy production or storage) P P P
Utility systems (large-scale energy production or storage) P
Utility systems (solar energy systems Level 1) P P P P P
Utility systems (solar energy systems Level 2) S S S
Utility systems (solar energy systems Level 3) S S
Utility systems (small modular nuclear reactor) S
Utility systems (water & wastewater treatment plants) P P
Warehouse/distribution facilities S P P
Water dependent structure (excluding marina) P P P P P
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APPENDIX B: DEFINITIONS
B-1
APPENDIX B: DEFINITIONS
PURPOSE
For the purpose of interpreting this Ordinance, certain words, concepts and ideas are defined
herein. Except as defined herein, all other words used in this Ordinance shall have their everyday
meaning as determined by their dictionary definition.
INTERPRETATION
Terminology
The following guidance is provided for interpretation of terms used throughout this Ordinance:
A. Words used in present tense include the future tense.
B. Words used in the singular number include the plural and words used in the plural number
include the singular.
C.Unless the context clearly indicates the contrary, conjunctions shall be interpreted as follows: The
word “and” indicates that all connected items, conditions, provisions, and events apply. The word
“or” indicates that one or more of the connected items, conditions, provisions or events apply.
D. The word person includes a firm, joint venture, association, organization, partnership,
corporation, trust and company, as well as an individual.
E. Words used in the masculine gender include the feminine gender, and vice versa.
F. The word "lot" includes the words "plot," "parcel," "site" or "tract."
G. The word "building" includes the word "structure.”
H. The words “shall,” “must,” and “will” are mandatory in nature, establishing an obligation or
duty to comply with the particular provision. The words “may” and “should” are permissive
in nature.
I. The words "uses" or "occupied" as applied to any land or building shall be construed to
include the words "intended, arranged, or designed to be used or occupied."
J. The word "street" includes the words "road" and "highway.”
K. The words "Zoning Map" or "Official Person County Zoning Map" shall mean the Official
Zoning Map of Person County, North Carolina.
L. The words “Watershed Map or “Official Person County Watershed Map” shall mean the
watershed map of Person County, North Carolina, which is a supplement to the Official Zoning
Map.
M.The term “Board of Commissioners” shall mean the Board of Commissioners of Person
County, North Carolina.”
N.The term “Planning Board” shall mean the Planning Board of Person County, North Carolina.
O. The term ‘Board of Adjustment’ shall mean the Board of Adjustment of Person County, North
Carolina.
P. The term “Administrator” shall mean the Administrator, Subdivision Administrator,
Floodplain Administrator, or Zoning Administrator of the Unified Development Ordinance.
Q. The term “manager” or “County Manager” shall mean the manager of Person County, North
Carolina.
R. The term “County” shall mean Person County, North Carolina.
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APPENDIX B: DEFINITIONS
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S. The term “State” shall mean the State of North Carolina.
T. Any reference to a section shall mean a section of the Unified Development Ordinance, unless
otherwise specified.
U. The term “Ordinance” shall be synonymous and refer to the Unified Development Ordinance.
Computation of Time
The time in which an act is to be done shall be computed by excluding the first day and including
the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday
observed by Person County, the deadline or required date of action shall be the next day that is
not a Saturday, Sunday or holiday observed by Person County.
Text Controls in the Event of Conflict
In the event of a conflict or inconsistency between the text of this Ordinance and any heading,
caption, figure, illustration, table, or map, the text shall control.
ACRONYMS & ABBREVIATIONS
Below is a list of acronyms and abbreviations and their meanings found throughout the
Ordinance. Zoning district abbreviations are found Article 4 of this Ordinance.
x ADA: Americans with Disabilities Act
x BFE: Base Flood Elevation
x BOA: Board of Adjustment
x CTP: Comprehensive Transportation
x DU: Dwelling Unit
x DUA: Dwelling Units per Acre
x FEMA: Federal Emergency Management Agency
x FIRM: Flood Insurance Rate Maps
x HOA: Homeowner Association
x MPO: Metropolitan Planning Organization
x NAICS: North American Industrial Classification System
x NC: North Carolina
x NCDEQ: North Carolina Department of Environmental Quality (formerly DENR)
x NCDOT or DOT: North Carolina Department of Transportation
x NCEMC: North Carolina Environmental Management Commission
x NCGS or GS: North Carolina General Statute
x ROW: Right-of-way
x RPO: Rural Planning Organization
x SR: Supplemental Regulations
x TRC: Technical Review Committee
x UDO: Unified Development Ordinance
x US: United States of America
x USGS: United States Geological Survey
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APPENDIX B: DEFINITIONS
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A
ABANDONED – The intentional or unintentional cessation of use when one (1) or more of the
following conditions exists:
1. The use is discontinued for a consecutive period of 180 calendar days.
2. The premises are devoted to another use.
3. Failure to take all positive action to resume the non-conforming use with reasonable time
period, including the failure to advertise the property for sale or lease.
4. Where a percentage of measurement of abandonment is provided in this Ordinance, the
Administrator deems the structure to be structurally unsuitable for habitation.
ABC (ALCOHOL) RETAIL SALES – A retail establishment that sells alcohol under the oversight of
the North Carolina Alcoholic Beverage Control (ABC) System, subject to NCGS § 18B.
ACCESSORY STRUCTURE – A detached structure that is ancillary and subordinate to the principal
structure that has the same ownership, located on the same lot as the principal structure, and is
permitted per this Ordinance.
ACCESSORY STRUCTURE (STORAGE CONTAINER) – A structure designed and used for the
storage and shipping of goods and services. These structures are temporary and ancillary to any
structures on a lot and shall not be converted to a permanently located structure on a lot, unless
converted to a dwelling unit.
ACCESSORY USE – A subordinate use clearly incidental to the principal use of a zoning lot.
ADDITION (BUILDING) – means an extension or increase in the floor area or height of a building
or structure.
ADJACENT PROPERTY – This term shall mean anything that is contiguous to property, with the
assumption that railroads, roads, and other rights-of-way do not exist, unless the right-of-way is
greater than 100-ft. wide.
ADMINISTRATIVE DECISION – Decisions made in the implementation, administration, or
enforcement of development regulations that involve the determination of facts and the
application of objective standards set forth in NCGS § 160D-102 or this Ordinance. These are
sometimes referred to as ministerial decisions or administrative determinations.
ADMINISTRATIVE DETERMINATION OR DETERMINATION – A written, final, and binding order,
requirement, or determination regarding an administrative decision.
ADMINISTRATIVE HEARING – A proceeding to gather facts needed to make an administrative
decision.
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APPENDIX B: DEFINITIONS
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ADMINISTRATIVE REVIEW – Non-discretionary evaluation of a Zoning Permit that the
Administrator or designee is authorized to grant after Administrative Review subject to the
requirements of the unified development ordinance.
ADMINISTRATOR – The person appointed by the County Manager to carry out, enforce, and
ensure compliance with the Person County Unified Development Ordinance. The definition also
includes any person designated by the Administrator to assist with carrying out, enforcing, or
ensuring compliance with this Ordinance, including, but not limited to Code Enforcement
Officers, Staff planners, or contracted assistance. May also be referred to as “Planning & Zoning
Director”, “Zoning Administrator”, “County Planner”, “Enforcement Officer”, “Floodplain
Administrator”, and “Stormwater Administrator.”
ADULT – For purposes of this Ordinance, the term “adult” is used to represent “nudity”, “sex”,
“sexual”, “sexually-oriented”, or similarly referenced terms. For purposes of this Ordinance, the
term “adult” is not gender-specific and is intended to be consistent by reference to the North
Carolina General Statutes.
ADULT ARCADE – Any place to which the public is permitted or invited wherein coin-operated or
slug-operated or electronically, electrically, or mechanically controlled still or motion picture
machines, projectors, or other image-producing devices are maintained to show images to five
(5) or fewer persons per machine at any one time, and where the images so displayed are
distinguished or characterized by the depicting or describing of specified adult activities/areas.
ADULT BOOKSTORE – As defined in NCGS § 14-202.10(1), is incorporated herein by reference.
ADULT CABARET – A nightclub, bar, restaurant, or similar commercial establishment that for at
least ten (10%) percent of its business hours in any day features:
1. Persons who appear in a state of nudity or semi-nudity.
2. Live performances that are characterized by the exposure of specified adult activities
/areas.
3. Films, motion pictures, video cassettes, slides, or other photographic reproductions that
are characterized by the depiction or description of specified adult activities/areas.
4. Persons who engage in lewd, lascivious or erotic dancing or performances that are
intended for the adult interests or titillation of an audience or customers.
ADULT ENCOUNTER CENTER – A business or commercial enterprise that, as one of its business
purposes, offers for any form of consideration:
1. Physical contact by customers for sexual purposes.
2. Activities between people when one or more of the persons is in a state of nudity or semi-
nudity.
ADULT ESCORT – A person who, for consideration, agrees or offers to act as a companion, guide,
or date for another person for the purpose of participating in, engaging in, providing, or
facilitating "specified adult activities."
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APPENDIX B: DEFINITIONS
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ADULT ESCORT AGENCY – A person or business that furnishes, offers to furnish, or advertises to
furnish adult escorts as one of its business purposes for a fee, tip, or other consideration.
ADULT ESTABLISHMENT – As defined in NCGS § 14-202.10(2), incorporated herein by reference.
ADULT LIVE ENTERTAINMENT – As defined in NCGS § 14-202.10(3), incorporated herein by
reference, as well as an Adult Live Entertainment Business, as defined in NCGS § 14-2 02.10(4),
incorporated herein by reference.
ADULT LIVE ENTERTAINMENT BUSINESS – As defined in NCGS § 14-2 02.10(4), incorporated
herein by reference.
ADULT MEDIA CENTER – Adult media center includes, but is not limited to, an adult book store,
and an adult video store and means any place:
1. Which receives more than fifty (50%) percent of its gross income during any calendar month
from the sale, rental, or both of books, periodicals, magazines, video-tapes, CD ROM,
computer software, movies, or other products offered in photographic, print, electronic,
magnetic imaging medium, which are distinguished or characterized by their emphasis on
matter depicting, describing, or presenting specified anatomical areas as defined in NCGS §
14- 202.10 (10), or specified adult activities as defined in NCGS § 14-202. 10 (11), or adult-
oriented devices as defined in NCGS § 14 -202.10 (9), or any combination thereof.
2. Having more than twenty five (25%) percent of its merchandise inventory consisting of books,
periodicals, magazines, video-tapes, CD-ROM, computer software, movies, and other
products offered in photographic, print, electronic, magnetic, or other imaging medium,
which are distinguished or characterized by their emphasis on matter depicting, describing,
or presenting specified anatomical areas as defined in NCGS § 14-202.10,,(10), or specified
adult activities as defined in NCGS § 14-202. 10 (11), or adult-oriented devices as defined in
NCGS § 14-202.10 (9), or any combination thereof.
3. A commercial establishment may have other business purposes in the same building site that
do not involve the offering for sale or rental of material depicting or describing specified adult
activities/areas and still be categorized as adult media center. Such other business purposes
will not serve to exempt such commercial establishments from being categorized as an adult
media center so long as one of its business purposes is the offering for sale or rental for
consideration the specified materials which depict or describe specified adult activities/areas.
ADULT MOTEL – A hotel, motel or similar commercial establishment that:
1. Offers accommodation to the public for any form of consideration and provides patrons
with closed-circuit television transmissions, films, motion pictures, video cassettes, slides,
or other photographic reproductions that are characterized by the depiction or
description of specified adult activities/areas and is visible from the public right-of-way
that advertises the availability of this adult type of photographic reproductions.
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APPENDIX B: DEFINITIONS
B-6
2. Offers a sleeping room for rent for a period of time that is less than twelve (12) hours, or
allows a tenant or occupant of a sleeping room to sub rent the room for a period of time
that is less than twelve (12) hours.
ADULT MOTION PICTURE THEATER – As defined in NCGS § 14-202.10(5), incorporated herein by
reference that is similar to, but on a different scale than an Adult Mini Motion Picture Theater,
as defined in NCGS § 14-202.10 (6), incorporated herein by reference.
ADULT MINI-MOTION PICTURE THEATER – As defined in NCGS § 14-202.10(6), incorporated
herein by reference.
ADULT NUDE MODEL STUDIO – Any place where a person who appears in a state of nudity or
displays specified anatomical areas is provided to be observed, sketched, drawn, painted,
sculptured, photographed, or similarly depicted by other persons who pay money or any form of
consideration. There is excepted from this definition any studio which is part of a school for artists
who are regularly enrolled in a course of instruction in the arts, and in which the use of nude
models involves less than ten (10%) percent of the course hours.
ADULT NUDITY, SEMI-NUDITY, OR STATE OF NUDITY – The appearance of a human in a bare
uncovered state, either completely or partially.
ADULT-ORIENTED BUSINESS – A business which offers its customers or patrons any device,
activity or demonstration depicting specified sexual activities, or which is intended to appeal to
adult interests, titillation or arousal of the customer or patron. An adult-oriented business shall
include an adult establishment as defined in NCGS § 14-202.10 (2) and, in addition, without
limitation: adult arcade, adult bookstore, adult video store, adult cabaret, adult media center,
adult live entertainment business, adult motel, adult motion picture theater, adult mini motion
picture theater, adult theater, adult escort agency, nude model studio, and adult encounter
center.
ADULT-ORIENTED BUSINESS ACTIVITIES – Those activities usually provided for, promoted, or
offered by an adult-oriented business as defined herein, whether or not, as the principal business
purpose or as a sideline or accessory business purpose and whether or not in connection with or
on the same premises with a business, which is not an adult-oriented business.
ADULT-ORIENTED DEVICES – As defined in NCGS § 14-202.10(9), which is incorporated herein by
reference.
ADULT THEATER – A theater, concert hall, auditorium, or similar commercial establishment that
for at least ten (10%) percent of its business hours in any day, features persons who appear in a
state of nudity or live performances that are characterized by the exposure of specified adult
activities/areas.
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APPENDIX B: DEFINITIONS
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ADULT VIDEO STORE – A commercial establishment that, as one of its principal business
purposes, offers for sale or rental for any form of consideration any one or more of the following:
books, magazines, periodicals or other printed matter, or photographs, films, motion picture,
video tapes or cassettes, video reproductions, CD-ROMs, slides, or other visual representations
which depict or describe specified adult activities or specified anatomical areas, or any
combination thereof.
AGRICULTURAL USE/BONA FIDE FARM – As defined in NCGS § 160D-903, a Bona Fide Farm exists
if a property is subject to one or more of the following:
1. A farm sales tax exemption certificate issued by the Department of Revenue.
2. A copy of the property tax listing showing that the property is eligible for participation in
the present-use value program pursuant to NCGS §105-277.3.
3. A copy of the farm owner's or operator's Schedule F from the owner's or operator's most
recent federal income tax return.
4. A forestry management plan.
AGRICULTURAL USE/NON-BONA FIDE FARM – A use that includes one or more of the activities
listed in NCGS § 106-581.1, but does not qualify as a Bona Fide Farm under NCGS § 160D-903(a).
AIRPORT/HELIPORT – An area of land or water that is designed or used on a recurring basis for
the landing and take-off of aircraft, ultra-lights, other mechanical aircraft, or other flying
apparatus, not including unmanned aircraft systems, such as drones, whether or not so
designated by the Federal Aviation Authority (FAA). This definition includes parking and service
facilities, passenger and baggage terminals, and related facilities for the operation, service,
fueling, repair, storage, charter, sales, and rental of aircraft. The word aircraft shall include fixed-
wing as well as rotary-wing craft, excluding hot air balloons.
AIRPORT ELEVATION – 609.4 feet above mean sea level (subject to change with capital project
alteration of the airport).
AIRPORT HORIZONTAL SURFACE – A horizontal plane 150-feet above the established airport
elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.
ALLEY – A minor right-of-way, privately or publicly owned, primarily for service access to the rear
or side of properties which have principal frontage on some other street.
ALTERATION OF A WATERCOURSE – A dam, impoundment, channel relocation, change in
channel alignment, channelization, or change in cross-sectional area of the channel or the
channel capacity, or any other form of modification which may alter, impede, retard or change
the direction and/or velocity of the riverine flow of water during conditions of the base flood.
AMENDMENT (MAP OR TEXT) – Subject to NCGS § 160D, Article 6, any change to the text of an
ordinance or the associated Official Zoning Map.
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APPENDIX B: DEFINITIONS
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AMUSEMENT FACILITY (ARCADE) – A use in which five (5) or more machines, video games, or
other similar player-operated amusement devices are maintained. Adult arcades and
recreational services gambling centers are specifically excluded from this definition.
AMUSEMENT FACILITY (INDOOR) – A use located within a building or buildings that is primarily
intended for entertainment, amusement, events, or recreation that may include performing arts
theaters, movie theaters, events, and recreation. Adult arcades, internet gaming centers, and
event centers are specifically excluded from this definition.
AMUSEMENT FACILITY (OUTDOOR) – A use located outside that is primarily intended for
entertainment, amusement, events, or recreation that may include live entertainment theaters,
outdoor movies, events, and recreation. Adult arcades, internet gaming centers, and event
centers are specifically excluded from this definition.
AMUSEMENT FACILITY (INTERNET CAFÉ) – A use where electronic or video gaming or gambling
devises are used for gaming or gambling as a principal use or an accessory use, as regulated by
NCGS § 14-306.1.A and § 14-37. This use does not include any lottery endorsed by the State of
North Carolina.
ANCHORING – The fastening of a manufactured home to its manufactured home stand in order
to prevent upset or damage due to wind, erosion, flooding, or other natural forces.
ANTENNA – Any structure or device used to collect or radiate electromagnetic waves for the
provision of services including, but not limited to, cellular, paging, personal communications
services (PCS) and microwave communications that is not a tower.
APPEAL – A request for the review of an Administrator determination in relationship to the
interpretation of this Ordinance subject to the statutory requirements set for in NCGS § 160D-
405.
APPLIANCE SALES & SERVICE – A commercial establishment that sells and/or repairs household
appliances, including but not limited to refrigerators, washers, dryers, dishwashers, and stoves.
APPLICANT – Any person seeking approval under these regulations for any form of development
or use of land.
APPLICABLE BUILDING CODES – The North Carolina State Building Code and any other uniform
building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code
organization together with State or local amendments to those codes enacted solely to address
imminent threats of destruction of property or injury to persons.
APPROACH SURFACE – A surface longitudinally centered on the extended runway centerline,
extending outward and upward from the end of the primary surface and at the same slope as the
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APPENDIX B: DEFINITIONS
B-9
approach zone height limitation slope set forth in this Ordinance. In plan the perimeter of the
approach surface coincides with the perimeter of the approach zone.
APPROVED ACCOUNTING TOOL – The accounting tool for nutrient loading approved by the North
Carolina Environmental Management Commission (EMC) for the relevant geography and
development type under review.
AREA OF FUTURE-CONDITIONS FLOOD HAZARD – The land area that would be inundated by the
1% annual-chance (100- year) flood based on future-conditions hydrology.
AREA OF SHALLOW FLOODING – A designated Zone AO on a community's Flood Insurance Rate
Map (FIRM) with base flood depths determined to be from one (1) to three (3) feet. These areas
are located where a clearly defined channel does not exist, where the path of flooding is
unpredictable and indeterminate, and where velocity flow may be evident.
ARTS & CRAFTS STUDIO – A commercial establishment in which an artist or craftsperson
produces works of art, pottery, or crafts for sale and/or provides arts and crafts lessons or
workshops.
ASSEMBLY HALL/LODGE/CLUB – A commercial or institutional establishment that provides space
for large gatherings for events or performing arts.
ASSISTED LIVING FACILITY/INDEPENDENT LIVING FACILITY – A use that provides living
accommodations for specific purpose residents that require low to moderate levels of assistance,
and may require incidental medical care.
AUCTION HOUSE (LIVESTOCK) – Any establishment where cattle, sheep, swine, or other livestock
are offered or exposed for sale, or sold, by weight or by head, at auction. This use may or may
not be a part of a Bona Fide Farm.
AUCTION HOUSE (NON-LIVESTOCK) – Any establishment where items are sold at auction to the
highest bidder, not including livestock. This use may or may not be a part of a Bona Fide Farm.
AUTOMOBILE SALES, RENTALS, PARTS, REPAIR SHOP, OR SERVICE STATION – The use of any
building or portion thereof, or any premises or portion thereof, for the display, sale, rental, or
lease of new or used motor vehicles as a principal or ancillary use of a lot or tract, except for the
incidental sale of not more than two (2) vehicles per year, provided those vehicles are owned by
a resident of the premises and were not purchased with the specific intent to resell them, or the
use of said premises for the preparation of such vehicles for sale if such preparation is part of
either a full- or part-time income-producing venture. Such use may include vehicle repair or body
work as a principal use.
B
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APPENDIX B: DEFINITIONS
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BANKS/FINANCIAL SERVICES – Facilities engaged in deposit banking or extending credit in the
form of loans, excluding brokers, financial planners, credit counselors and similar uses.
BARBERSHOPS/SALONS – Establishments primarily engaged in providing hair care and beauty
service(s) to individuals, including massage therapy, esthetician, nail salon, or similar uses.
BASE FLOOD – The flood stage having a one (1%) percent chance of being equaled or exceeded
in any given year.
BASE FLOOD ELEVATION (BFE) – A determination of the water surface elevations of the base
flood as published in the Flood Insurance Study. When the BFE has not been provided in a “Special
Flood Hazard Area”, it may be obtained from engineering studies available from a federal, state,
or other source using FEMA approved engineering methodologies. This elevation, when
combined with the “Freeboard”, establishes the “Regulatory Flood Protection Elevation.”
BASE STATION – A station at a specific site authorized to communicate with mobile stations,
generally consisting of radio receivers, antennas, coaxial cables, power supplies, and other
associated electronics.
BASEMENT – Any area of the building having its floor subgrade (below ground level) on all sides.
BATTERY ENERGY STORAGE SYSTEM (BESS) – A large-scale system of battery devises assembled
together on the same site for the purpose of storing electrical energy to a chemical form and
making energy available to convert from chemical energy back to electrical energy. These uses
are often located in close proximity to power generation sites or electrical transmission grids.
BEST MANAGEMENT PRACTICE (BMP) – A structural or nonstructural management-based
practice used singularly or in combination to reduce nonpoint source inputs to receiving waters
in order to achieve water quality protection goals.
BICYCLE SALES & REPAIR SERVICE – An establishment for retail sales of bicycles, associated safety
equipment, and clothing, including areas for bicycle repairs.
BILLBOARD – An off-premise advertising sign designed for the display of information and/or
advertising.
BLACKSMITH/GUNSMITH SERVICE – A commercial establishment providing low volume
metalworking, forging, or firearm repair services.
BLOCK – A tract of land bordered by streets, or by a combination of streets and public parks,
cemeteries, railroad rights of way, shorelines of watercourses or boundary lines of municipalities.
BOARD OF ADJUSTMENT – A quasi-judicial body composed of representatives from or for the
planning jurisdiction of Person County, which are given certain powers under and relative to this
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Ordinance. In the case of Special Use Permits, the Board of Commissioners acts as a Board of
Adjustment.
BOARD OF COUNTY COMMISSIONERS – The Board of County Commissioners of the County of
Person, North Carolina.
BOAT/VESSEL SALES & SERVICE – The use of any building or portion thereof, or any premises or
portion thereof, for the display, sale, rental, or lease of new or used boats or water vessels,
including personal watercraft, as a principal or ancillary use of a lot or tract, except for the
incidental sale of not more than two (2) boats/vessels per year, provided those vehicles are
owned by a resident of the premises and were not purchased with the specific intent to resell
them, or the use of said premises for the preparation of such boats/vessels for sale if such
preparation is part of either a full- or part-time income-producing venture. Such use may also
include the repair of boats and water vessels.
BOND – Any form of security including a cash deposit, surety bond, collateral, property, or
instrument of credit in an amount and form satisfactory to Person County for required
improvements that have not yet been installed or constructed on a property in accordance with
the construction plans.
BREWERY/WINERY/DISTILLERY – A legal establishment for the production and packaging of
alcoholic beverages for distribution, retail, wholesale, on or off-premise. The establishment may
have tours of the facility, tastings of the products produced on-site, and periodic events. Such
facility must comply with all ABC commission laws and permits. This facility may include retail
sales, catering, lodging facilities, restaurants, live music, wedding venues, tours, farmers market,
or other subordinate activities.
BROADCAST/FILM STUDIO – A facility with audio and/or video production technologies for
broadcasting radio, television, excluding broadcast towers of greater than 50-ft.
BUFFER/BUFFERYARD/STORMWATER BUFFERYARD – Natural or vegetated area through which
stormwater run-off flows in a diffuse manner so that the run-off does not become channelized
and provided for infiltration of run-off and filtering of pollutants. The buffer is measured
landward from the normal pool evaluation of impounded structures and from the bank of each
side of perennial streams or rivers. The area shall be included in the calculation of minimum lot
size required by this Ordinance and includes a defined width adjacent to all property lines, which
are not coterminous with a right-of-way line of a public or private road and in which no structural
encroachment is permitted.
BUILDING – Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING ENVELOPE – The area between the minimum required front, side, and rear setbacks
for a property in which a primary building/structure may be constructed.
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BUILDING HEIGHT – The vertical distance from the mean elevation of the finished grade along
the front of the building to the highest point of a flat roof, or to the deck line of a mansard roof,
or to the mean height level between eaves and ridges for gable, hip and gambrel roofs.
BUILDING SETBACK LINE – A parallel line located a minimum horizontal distance from the center
line of a street and between that line and the street, no building or parts of a building may be
erected, altered, or maintained except as otherwise provided herein.
BUILDERS SUPPLY – A commercial establishment which sells lumber, masonry, building
materials, hardware, and tools related to construction.
BUILT-UPON AREA (BUA) – That portion of a development project that is covered by impervious
or partially impervious surface including, but not limited to, buildings, pavement and gravel areas
such as roads, parking lots, and paths and recreation facilities such as tennis courts. “Built-upon
area” does not include a wooden slatted deck, the water area of a swimming pool, or pervious
or partially pervious paving material to the extent that the paving material absorbs water or
allows water to infiltrate through the paving material. The project site or area must exclude any
land adjacent to the area disturbed by the project that has been counted as pervious by any other
development regulated under a federal, state or local stormwater regulation.
BUS/TRAIN/TRANSIT STOP – A facility or location at which persons can board or disembark
public or private transportation on a curbside or along the route, as opposed to at a central
station.
BUS/TRAIN/TRANSIT STATION – A facility at which persons can board or disembark public or
private transportation including buses, trains, and other similar forms of mass transportation.
BUS/TRAIN/TRANSIT TERMINAL, REPAIR, OR HAULING YARD – A facility at the terminus of a
form of mass transportation where buses, trains, or similar vehicles are parked, stored, and/or
repaired.
C
CABIN – A site built or manufactured dwelling unit used for temporary overnight occupancy,
typically, within a campground, RV park, or park setting.
CAMPER/RECREATIONAL VEHICLE – A vehicular type unit designed as temporary living quarters
for recreational, camping, or travel use, which either has its own motive power or is mounted on
or drawn by another vehicle. The basic entities are travel trailer, camping trailer, and truck
camper and motor home.
CAMPER/RECREATIONAL VEHICLE PARK (COMMERCIAL & WORKFORCE HOUSING) – Any site or
tract of land upon which two or more recreational vehicles or tent spaces are provided for
occupancy according to the requirements set forth in this Ordinance.
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CALIPER – The diameter breast height expressed in DBH of the measurement of a tree trunk.
CAPITAL IMPROVEMENTS PROGRAM – A proposed schedule of all future projects in order of
construction priority which are to be encumbered by Person County.
CARPORT – A roofed area principally for the shelter of not more than three automobiles, open
on at least two sides and shall be attached to the main building.
CARWASH – An establishment that provides equipment and/or services that clean and/or
vacuum vehicles.
CATERING SERVICE – A service use in which food and beverages are prepared for off-site
consumption.
CEMETERY (INSTITUTION OR FAMILY PLOT) – A cemetery associated with a religious institution
or a family plot located on private land, meeting the requirements of the State of North Carolina.
CEMETERY (COMMERCIAL) – A cemetery that provides funeral, internment, and burial services
on a for-profit basis, meeting the requirements of the State of North Carolina.
CENTRAL SEWER SYSTEM – Any sewage disposal system whether operated publicly or privately
other than a pit privy or a septic tank located on the lot and approved by the Person County
Department of Environmental Health and the State of North Carolina.
CENTRAL WATER SYSTEM – A system operated publicly or privately, whereby the watercourse is
not located on the lot of the consumers and the number of connections must be at least fifteen
(15) and approved by the Person County Department of Environmental Health and the State of
North Carolina.
CERTIFICATE OF COMPLIANCE/COMPLETION – An approval issued by the Person County stating
that all requirements to construct a site have been met to be able to issue a Certificate of
Occupancy.
CERTIFICATE OF OCCUPANCY – A statement signed by the building inspector setting forth that
the building, structure or use complies with the Zoning Ordinance and any applicable
construction codes, and that the same may be used for the purposes stated herein.
CHANGE OF USE – A change in the use of a structure or land from one use category to another
use category. The change may result in alteration of occupancy loads, seating, parking, utilities,
or any other element that for development review and permitting.
CHEMICAL STORAGE FACILITY – A building, portion of a building, or exterior area adjacent to a
building used for the storage of any chemical or chemically reactive products.
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CHRONIC OFFENDER – A person who owns property whereupon, in the previous calendar year,
Person County gave notice of violation at least three times under any provision of the public
nuisance ordinance.
CIVIC FACILITY (CORRECTIONS/JAIL) – A local, state, or federal jail, prison, or other correctional
institution used to confine or provide treatment or rehabilitation to those accused or convicted
of violations of criminal laws, including facilities for persons who are participating in supervised
work-release programs, whether such facilities provide confinement for all of each 24-hour
period or only a portion thereof, but not including temporary holding facilities that are accessory
to a police station or court facility.
CIVIC FACILITY (OFFICES/OPERATIONS) – A building or land use for a public government purpose
or activity that protects the public health, safety or general welfare, excluding correctional
facilities.
CLOTHING DONATION BIN – A container or kiosk located outside of a fully-enclosed building
used for the collection of clothing and shoes by a non-profit or commercial operation.
COMBINED-CYCLE POWER PLANT – Combined-cycle power plants use a combination of gas and
steam turbines that produces up to fifty (50%) percent greater amount of electricity from the
same quantity of fuel than a simple-cycle plant, by capturing the waste heat from the gas turbine
and transferring it to the steam turbine.
COMMERCIAL MODULAR BUILDING – A manufactured building designed to be used as a multi-
family dwelling unit (3 or more families) or as a commercial structure which has been constructed
in and labeled indicating compliance with the North Carolina State Building Code.
COMMERCIAL SALVAGE YARD – Also known as a “junked or abandoned vehicle yard”, is a non-
residential for-profit business that is maintained, operated, or used for storing, salvaging,
keeping, buying or selling commercial junk or for operation of a junked or abandoned vehicle
yard. This use is not a commercial garbage dump, recycling center, sanitary landfill, or residential
use.
COMMUNICATIONS FACILITY – The set of equipment and network components, including wires
and cables and associated facilities used by a communications service provider to provide
communications service.
COMMUNICATIONS SERVICE/PROVIDER – Cable service as defined in 47 U.S.C. § 522(6),
information service as defined in 47 U.S.C. § 153(24), telecommunications service as defined in
47 U.S.C. § 153(53), or wireless services and a cable operator as defined in 47 U.S.C. § 522(5), a
provider of information service, as defined in 47 U.S.C. § 153(24), a telecommunications carrier,
as defined in 47 U.S.C. § 153(51), or a wireless provider.
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COMPREHENSIVE PLAN – The Person County & City of Roxboro Joint Comprehensive Plan that
has been officially adopted by the Person County Board of County Commissioners, pursuant to
G.S. 160DǦ501.
CONCEPT PLAN – A sketch, preparatory to the preparation of the construction plat for a major
subdivision or a Site Plan that enables the developer to save time and expense in reaching general
agreement with staff, the Planning Board, and Board of County Commissioners relative to the
general layout and design of the proposed development.
CONDITIONAL ZONING – A legislative zoning map amendment, subject to NCGS § 160D-703(b),
with site-specific conditions incorporated into the zoning map amendment. Special Use Permits
are a form of conditional zoning.
CONICAL SURFACE – A surface extending outward and upward from the periphery of the
horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.
CLUSTER DEVELOPMENT – Residential subdivisions that are characterized by large areas of
dedicated common open space and clustered lots. The purpose of a cluster development is to
protect farmland, open space and/or natural resources while allowing for a maximum number of
residences, consolidated infrastructure, and reduced development costs.
CONSTRUCTION TRADES & SERVICE – One who accomplishes work or provides facilities under
contract with another and specifically engages in a specialized construction trade, such as
plumbing, heating, wiring, sheet metal and roofing work, etc.
CONSTRUCTION OFFICE (TEMPORARY) – Any building or portion of a building or mobile unit used
as a temporary field office for the coordination of a nearby construction project by the general
contractor and/or subcontractors. No portion of a temporary construction building may be used
as an accessory occupancy (such as a sales office) into which the general public would be allowed
access.
CONSTRUCTION PLANS – The plans completed as part of Site Plan approval process for a non-
residential or multi-family residential development or part of the subdivision approval process,
following the approval of a Major Subdivision Preliminary Plat, that are used to permit and
construct the physical improvements of a development, including but not limited to buildings,
parking areas, streets, stormwater systems, utilities, and similar improvements.
CONSTRUCTION PERMIT – A permit issued by the Person County Planning & Zoning Department
authorizing the manufactured home park in accordance with a park plan approved by the Person
County Planning Board, the Person County Department of Environmental Health, the Person
County Planning & Zoning Department, the Person County Building Inspector, and the Person
County Board of Commissioners.
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CONVENIENCE STORE – A retail establishment that provides limited grocery, food, beverage,
personal care, and household items.
CRITICAL AREA – The area adjacent to a water supply intake or reservoir where risk associated
with pollution is greater than from the remaining portions of the watershed. The critical area is
defined as extending either 1/2 mile from the normal pool elevation of the reservoir in which the
intake is located or to the ridgeline of the watershed whichever comes first, or 1/2 mile upstream
and draining to the intake located in the stream or river (run-of-the-river), or to the ridgeline of
the watershed (whichever comes first).
CUL-DE-SAC – A local street with only one outlet and having an appropriate terminal for the safe
and convenient reversal of traffic movement in accordance with the North Carolina Fire
Prevention Code.
D
DAYCARE FACILITY (ADULT OR CHILD) – A facility where daytime care is provided to six (6) or
more children, disabled persons or senior citizens unrelated by blood or marriage to, and not the
legal wards or foster children of the attendant adult within an occupied residence.
DATA CENTER – A facility that provides a large group of networked computer servers for remote
data storage, processing, and distribution of electronic data, conducting research, or developing
prototypes for future use.
DECISION-MAKING BOARD – The Person County Board of County Commissioners, the Planning
Board, Board of Adjustment, or any other boards assigned by the Board of County Commissioners
to make quasiǦjudicial decisions under this Ordinance.
DENSITY (RESIDENTIAL) – The number of residential dwelling units per acre of land, determined
by dividing the number of dwelling units by the total number of acres in the parcel to be
developed.
DEVELOPER – A person, including a governmental agency or redevelopment authority, who
undertakes any development and who is the landowner of the property to be developed or who
has been authorized by the landowner to undertake development on that property.
DEVELOPMENT – Any man-made change to improved or unimproved real estate, including, but
not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation
or drilling operations, or storage of equipment or materials, performed in association with a plan
or an intent to develop.
DEVELOPMENT APPROVAL – An administrative or quasiǦjudicial approval made pursuant to this
Ordinance that is written and that is required prior to commencing development or undertaking
a specific activity, project, or development proposal. Development approvals include, but are not
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B-17
limited to, zoning permits, site plan approvals, special use permits, Variances, and certificates of
appropriateness. The term also includes all other regulatory approvals required by regulations
adopted pursuant to this Chapter, including plat approvals, permits issued, development
agreements entered into, and building permits issued.
DEVELOPMENT REGULATION – A Unified Development Ordinance, zoning regulation, subdivision
regulation, erosion and sedimentation control regulation, floodplain or flood damage prevention
regulation, mountain ridge protection regulation, stormwater control regulation, wireless
telecommunication facility regulation, historic preservation or landmark regulation, housing
code, North Carolina State Building Code enforcement, or any other regulation adopted pursuant
to this Ordinance, or a local act or charter that regulates land use or development.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM) – means the electronic official map of a
community, issued by the Federal Emergency Management Agency (FEMA), on which both the
Special Flood Hazard Areas and the risk premium zones applicable to the community are
delineated.
DISCHARGING LANDFILL – A landfill which discharges treated leachate and which requires a
National Pollution Discharge Elimination System (NPDES) permit.
DISPOSAL – As defined in NCGS 130A-290(a)(6), the discharge, deposit, injection, dumping,
spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste
or any constituent part of the solid waste may enter the environment or be emitted into the air
or discharged into any waters, including groundwaters.
DOUBLE-FRONTAGE LOT – A lot with street frontage along two opposite boundaries.
DRY CLEANING & LAUNDRY SERVICE – A commercial establishment that provides cleaning
services for articles of clothing, fabrics, or textiles.
DWELLING – Any building, structure, manufactured home, or part thereof, used and occupied for
human habitation or intended to be so used, and includes any outhouses and appurtenances
belonging thereto or usually enjoyed therewith. For the purposes of NCGS, Article 12, the term
does not include any manufactured home or recreational vehicle, if used solely for a seasonal
vacation purpose.
DWELLING (ACCESSORY) – A secondary dwelling unit constructed to NC Building Code
established in conjunction with and clearly subordinate to a primary dwelling unit, whether a
part of the same structure as the primary dwelling unit or a detached dwelling unit on the same
lot. The original structure shall be habitable for dwelling, as designed. No convertible structures
shall become accessory dwelling units (e.g., sheds, storage or storage containers, houseboats
dry-stored, etc.)
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APPENDIX B: DEFINITIONS
B-18
DWELLING (ACCESSORY TEMPORARY CONSTRUCTION CAMPER/RV/MOBILE TINY HOME) – A
temporary dwelling accessory to a permitted principal dwelling for use during construction of the
principal dwelling or while a principal dwelling is being renovated or repaired.
DWELLING (ACCESSORY TEMPORARY HARDSHIP MANUFACTURED HOME) – A temporary
manufactured home accessory to a permitted principal dwelling for use by a person or persons
occupying the manufactured home who are physically dependent upon the person or persons
occupying the principal dwelling, or the person or persons occupying the principal dwelling are
physically dependent upon the person or persons occupying the manufactured home.
DWELLING (FAMILY CARE HOME) – As defined in NCGS § 160D-907, a home with support and
supervisory personnel that provides room and board, personal care and habitation services in a
family environment for not more than six (6) resident persons with disabilities.
DWELLING (MULTI-FAMILY) – A residential building constructed to NC Building Code standards,
which contains three (3) or more attached dwelling units located on the same lot of record. This
definition includes condominiums and apartment complexes.
DWELLING (SINGLE-FAMILY ATTACHED) – A residential building constructed to NC Building Code
standards, with more than two (2) attached single-family dwelling units located on their own lots
of record. Also known as a townhouse or townhome.
DWELLING (SINGLE-FAMILY DETACHED) – A detached residential building constructed to NC
Building Code standards, for one (1) family unit on their own lot of record. This term also includes
modular housing units built to NC Building Code, but does not include manufactured homes as
defined by this Ordinance.
DWELLING (TWO-FAMILY DUPLEX/GARAGE APARTMENT) – A two-family residential building
constructed to NC Building Code standards, which the dwelling units share a common wall
(including without limitation the wall of an attached garage or porch) and where each dwelling
unit has living space on the ground floor, and a separate ground floor entrance, driveway, utility
service, and address.
E
EASEMENT - Authorization by a property owner for the use by another, and for a specified
purpose, or any designated part of his property, including but not limited to access easements,
utility easements, and drainage easements.
ELEVATED BUILDING – A non-basement building which has its lowest elevated floor raised above
ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
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APPENDIX B: DEFINITIONS
B-19
EMERGENCY SERVICE – Government or institutional organizations that respond to emergency
situations. These organizations generally provide police, EMT/EMS, ambulance, and firefighting
services.
ENCROACHMENT – The advance or infringement of uses, fill, excavation, buildings, structures or
development into a floodplain, which may impede or alter the flow capacity of a floodplain.
ENGINEERED STORMWATER CONTROL – A physical device designed to trap, settle out, or filter
pollutants from stormwater runoff, to alter or reduce stormwater runoff velocity, amount,
timing, or other characteristics, to approximate the pre-development hydrology on a developed
site, or to achieve any combination of these goals. Engineered stormwater control includes
physical practices such as constructed wetlands, vegetative practices, filter strips, grassed swales,
and other methods installed or created on real property. “Engineered stormwater control” is
synonymous with “structural practice,” “stormwater control facility,” “stormwater control
practice,” “stormwater treatment practice,” “stormwater management practice,” “stormwater
control measures,” “structural stormwater treatment systems,” and similar terms used in this
Ordinance. It is a broad term that may include practices that do not require design by a
professionally licensed engineer.
ENVIRONMENTAL COMMISSION – The North Carolina Environmental Management Commission.
ENVIRONMENTAL DEPARTMENT – The North Carolina Department of Environmental Quality
(NCDEQ).
ENVIRONMENTAL DIVISION – The Division of Water Quality within the Department of
Environmental Quality.
EQUESTRIAN USE (COMMERCIAL BOARDING & RIDING STABLES) – A commercial boarding and
riding stable establishment where horses are boarded and cared for, instructions offered in
riding, jumping, and showing, or for horses that may be hired for riding.
ERECT – To build, construct, rebuild, reconstruct as the same are commonly defined.
EVENT CENTER – A commercial or institutional establishment with a specific purpose to provide
venue space for events, pre-function gatherings, civic functions, weddings, entertainment,
ceremonies, concerts, meetings, lodge/club assembly, etc. The event center may include
catering, on-site kitchen facilities, offices, conference/meeting rooms, outdoor lawns, gardens,
stages, etc. For purposes of this Ordinance, an event center use is not an amusement use.
EVIDENTIARY HEARING – A hearing to gather competent, material, and substantial evidence in
order to make findings for a quasiǦjudicial decision required by a development regulation
adopted under this Chapter.
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EXISTING DEVELOPMENT – Development not otherwise exempted by this Ordinance that meets
one of the following criteria:
1. It either is built or has established a statutory or common-law vested right as of the
effective date of this Ordinance.
2. It occurs after the effective date of this Ordinance, but does not result in a net increase in
built-upon area and does not decrease the infiltration of precipitation into the soil.
F
FALL ZONE – The area in which a wireless support structure may be expected to fall in the event
of a structural failure, as measured by engineering standards.
FAMILY – One (1) or more persons related by blood, adoption or marriage, or a group of not
more than five (5) persons not related by blood, adoption or marriage living together as a single
housekeeping group in a dwelling unit. A close familial relationship may exist between family
members.
FAMILY CARE HOME – As defined in G.S. 168-21, a home with support and supervisory personnel
that provides room and board, personal care and habitation services in a family environment for
not more than six (6) resident disabled persons.
FARM & GARDEN SUPPLY, EQUIPMENT SALES, & SERVICE – A business which sells trees, plants,
seeds, bulbs, sod, fencing, feed, tools, and farm equipment for gardening, the cultivation of crops
or care of livestock or fowl, or equipment repair. This use typically includes outdoor display areas
for plants, feed stores, or farm/lawn equipment sales and service.
FARMERS MARKET – An outdoor open-air market at which locally grown fruits and vegetables,
bakery items, condiments, flowers, plants and craft goods are sold on a retail basis.
FEMA ACCESSORY STRUCTURE – A structure located on the same parcel of property as the
principal structure and the use of which is incidental to the use of the principal structure.
Garages, carports and storage sheds are common urban accessory structures. Pole barns, hay
sheds and the like qualify as accessory structures on farms, and may or may not be located on
the same parcel as the farm dwelling or shop building.
FEMA APPEAL – A request for a review of the Floodplain Administrator's interpretation of any
provision of this Ordinance.
FEMA EXISTING BUILDING AND EXISTING STRUCTURE – Any building and/or structure for which
the “start of construction” commenced before February 19, 1990, the initial effective date of the
floodplain management regulations adopted by the community.
FEMA EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION – A
manufactured home park or subdivision for which the construction of facilities for servicing the
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B-21
lots on which the manufactured homes are to be affixed (including, at a minimum, the installation
of utilities, the construction of streets, and either final site grading or the pouring of concrete
pads) was completed before February 19, 1990, the initial effective date of the floodplain
management regulations adopted by the community.
FEMA FIRM MAP – The FEMA Flood Insurance Rate Map produced map or panel showing the
location of FEMA-designated floodplains following.
FEMA FLOOD OR FLOODING – A general and temporary condition of partial or complete
inundation of normally dry land areas from:
x the overflow of inland or tidal waters.
x the unusual and rapid accumulation of runoff of surface waters from any source.
FEMA FLOOD BOUNDARY AND FLOODWAY MAP (FBFM) – An official map of a community,
issued by the Federal Emergency Management Agency, on which the Special Flood Hazard Areas
and the floodways are delineated. This official map is a supplement to and shall be used in
conjunction with the Flood Insurance Rate Map (FIRM).
FEMA FLOOD HAZARD BOUNDARY MAP (FHBM) – An official map of a community, issued by the
Federal Emergency Management Agency, where the boundaries of the Special Flood Hazard
Areas have been defined as Zone A.
FEMA FLOOD INSURANCE – Insurance coverage provided under the National Flood Insurance
Program.
FEMA FLOOD INSURANCE RATE MAP (FIRM) – An official map of a community, issued by the
Federal Emergency Management Agency, on which both the Special Flood Hazard Areas and the
risk premium zones applicable to the community are delineated.
FEMA FLOOD INSURANCE STUDY (FIS) – An examination, evaluation, and determination of flood
hazards, corresponding water surface elevations (if appropriate), flood hazard risk zones, and
other flood data in a community issued by the Federal Emergency Management Agency. The
Flood Insurance Study report includes Flood Insurance Rate Maps (FIRMs) and Flood Boundary
and Floodway Maps (FBFMs), if published.
FEMA FLOOD-RESISTANT MATERIAL – Any building product [material, component or system]
capable of withstanding direct and prolonged contact (minimum 72 hours) with floodwaters
without sustaining damage that requires more than low-cost cosmetic repair. Any material that
is water-soluble or is not resistant to alkali or acid in water, including normal adhesives for above-
grade use, is not flood-resistant. Pressure-treated lumber or naturally decay-resistant lumbers
are acceptable flooring materials. Sheet-type flooring coverings that restrict evaporation from
below and materials that are impervious, but dimensionally unstable are not acceptable.
Materials that absorb or retain water excessively after submergence are not flood-resistant.
Please refer to Technical Bulletin 2, Flood Damage-Resistant Materials Requirements, and
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APPENDIX B: DEFINITIONS
B-22
available from the FEMA. Class 4 and 5 materials, referenced therein, are acceptable flood-
resistant materials.
FEMA FLOOD ZONE – A geographical area shown on a Flood Hazard Boundary Map or Flood
Insurance Rate Map that reflects the severity or type of flooding in the area.
FEMA FLOODPLAIN – Any land area susceptible to being inundated by water from any source
that is considered a flood prone area or within a floodplain, per FEMA mapping.
FEMA FLOODPLAIN ADMINISTRATOR – The individual appointed to administer and enforce the
floodplain management regulations.
FEMA FLOODPLAIN DEVELOPMENT ACTIVITY – Any activity defined as Development which will
necessitate a Floodplain Development Permit. This includes buildings, structures, and non-
structural items, including (but not limited to) fill, bulkheads, piers, pools, docks, landings, ramps,
and erosion control/stabilization measures.
FEMA FLOODPLAIN DEVELOPMENT PERMIT – Any type of permit that is required in conformance
with the provisions of this Ordinance, prior to the commencement of any development activity.
FEMA FLOODPLAIN MANAGEMENT – The operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing, where possible,
natural resources in the floodplain, including, but not limited to, emergency preparedness plans,
flood control works, floodplain management regulations, and open space plans.
FEMA FLOODPLAIN MANAGEMENT REGULATIONS – This Ordinance and other zoning
ordinances, subdivision regulations, building codes, health regulations, special purpose
ordinances, and other applications of police power. This term describes Federal, State or local
regulations, in any combination thereof, which provide standards for preventing and reducing
flood loss and damage.
FEMA FLOODPROOFING – Any combination of structural and nonstructural additions, changes,
or adjustments to structures which reduce or eliminate flood damage to real estate or improved
real property, water and sanitation facilities, structures, and their contents.
FEMA FLOODWAY – The channel of a river or other watercourse, including the area above a
bridge or culvert when applicable, and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the water surface elevation more than
one (1) foot.
FEMA FLOODWAY ENCROACHMENT ANALYSIS – An engineering analysis of the impact that a
proposed encroachment into a floodway or non-encroachment area is expected to have on the
floodway boundaries and flood levels during the occurrence of the base flood discharge. The
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evaluation shall be prepared by a qualified North Carolina licensed engineer using standard
engineering methods and models.
FEMA FREEBOARD – The height added to the Base Flood Elevation (BFE) to account for the many
unknown factors that could contribute to flood heights greater that the height calculated for a
selected size flood and floodway conditions, such as wave action, blockage of bridge openings,
and the hydrological effect of urbanization of the watershed. The Base Flood Elevation plus the
freeboard establishes the “Regulatory Flood Protection Elevation.”
FEMA MINOR VARIANCE FROM STATE WATERSHED PROTECTION RULES – A Variance from the
minimum statewide watershed protection rules that results in a relaxation, by a factor of up to
five (5%) percent of any buffer, density, or built-upon area requirement under the high density
option, or that results in a relaxation by a factor of up to ten (10%) percent, of any management
requirement under the low density option.
FEMA MAJOR VARIANCE FROM STATE WATERSHED PROTECTION RULES – A Variance from the
minimum statewide watershed protection or Falls rules that results in the relaxation, by a factor
greater than five (5%) percent of any buffer, density or built upon area requirement under the
high density option, any variation in the design, maintenance or operation requirements of a wet
detention pond or other approved stormwater management system, or relaxation by a factor
greater than ten (10%) percent, of any management requirement under the low density option.
For provisions in this Ordinance that are more stringent than the state's minimum water supply
protection rules and Falls rules, a Variance to this Ordinance is not considered a Major Variance
as long as the result of the Variance is not less stringent than the state's minimum requirements.
FEMA NATIONAL FLOOD INSURANCE PROGRAM – Provides flood insurance to property owners,
renters and businesses, and having this coverage helps them recover faster when floodwaters
recede. The NFIP works with communities required to adopt and enforce floodplain management
regulations that help mitigate flooding effects.
FEMA NEW CONSTRUCTION – Structures for which the “start of construction” commenced on or
after February 19, 1990, the effective date of the initial floodplain management regulations and
includes any subsequent improvements to such structures.
FEMA NON-CONVERSION AGREEMENT – A document stating that the owner will not convert or
alter what has been constructed and approved. Violation of the agreement is considered a
violation of this Ordinance and, therefore, subject to the same enforcement procedures and
penalties. The agreement must be filed with the recorded deed for the property. The agreement
must show the clerk’s or recorder’s stamps and/or notations that the filing has been completed.
FEMA NON-ENCROACHMENT AREA – The channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one (1) foot as designated in the
Flood Insurance Study report.
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FEMA (ONE) 1-YEAR, 24-HOUR STORM – The surface runoff resulting from a 24-hour rainfall of
an intensity expected to be equaled or exceeded, on average, once in 12 months and with a
duration of 24 hours.
FEMA OUTFALL – A point at which stormwater (1) enters surface water or (2) exits the property
of a particular owner.
FEMA PRINCIPALLY ABOVE GROUND – At least 51% of the actual cash value of the structure is
above ground.
FEMA PUBLIC SAFETY – Anything which is injurious to the safety or health of an entire community
or neighborhood, or any considerable number of persons, or unlawfully obstructs the free
passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or
basin.
FEMA REFERENCE LEVEL – The top of the lowest floor for structures within Special Flood Hazard
Areas designated as Zones A, AE, AH, AO and A99.
FEMA REGULATORY FLOOD PROTECTION ELEVATION/DESIGN FLOOD – The “Base Flood
Elevation” plus the “Freeboard.” In “Special Flood Hazard Areas” where Base Flood Elevations
(BFEs) have been determined, this elevation shall be the BFE plus two (2) feet of freeboard. In
“Special Flood Hazard Areas” where no BFE has been established, this elevation shall be at least
two (2) feet above the highest adjacent grade.
FEMA SALVAGE YARD – Any non-residential property used for the storage, collection, and/or
recycling of any type of equipment, and including but not limited to vehicles, appliances and
related machinery in relation to FEMA regulations.
FEMA SPECIAL FLOOD HAZARD AREA (SFHA) – The land in the floodplain subject to a one (1%)
percent or greater chance of being flooded in any given year, as determined in this Ordinance.
FEMA TECHNICAL BULLETIN AND TECHNICAL FACT SHEET – A FEMA publication that provides
guidance concerning the building performance standards of the NFIP, which are contained in Title
44 of the U.S. Code of Federal Regulations, Section 60.3. The bulletins and fact sheets are
intended for use primarily by State and local officials responsible for interpreting and enforcing
NFIP regulations and by members of the development community, such as design professionals
and builders. New bulletins, as well as updates of existing bulletins, are issued periodically as
needed. The bulletins do not create regulations, rather they provide specific guidance for
complying with the minimum requirements of existing NFIP regulations.
FEMA TEMPERATURE CONTROLLED – The temperature is regulated by a heating and/or cooling
system, built-in or appliance.
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FEMA VIOLATION – The failure of a structure or other development to be fully compliant with
Person County's floodplain management regulations. A structure or other development without
the elevation certificate, other certifications, or other evidence of compliance, as required, is
presumed to be in violation until such time as that documentation is provided.
FEMA WATER SURFACE ELEVATION (WSE) – The height, in relation to mean sea level, of floods
of various magnitudes and frequencies in the floodplains of riverine areas.
FENCE – A continuous barrier extending from the surface of the grounds to a uniform height of
not less than six (6) feet from the ground at any given point, that may be constructed of dirt,
wood, stone, metal, or any substance of a similar nature and strength to form the barrier. Fences
that form a completely obstructed view are considered solid with 100% opacity.
FITNESS FACILITY – Indoor or outdoor recreational facilities for exercise or fitness services.
FLAG LOT – A lot, created by a subdivision, composed of a narrow flagpole-shape strip extending
from the street and a much wider flag-shape section lying immediately behind a lot or lots having
the required width at the building line for a conventional lot. In the case of a flag lot, the lot line
at the end of the flagpole lying generally parallel to the street to which the flagpole connects shall
be considered the front lot line for setback purposes.
FLOOR AREA RATIO – The floor area ratio (FAR) is the relationship between the total amount of
usable floor area for a building and the total area of the lot on which the building stands.
FOOTCANDLE – One lumen per square foot. Unit of illuminance. It is the luminous flux per unit
area in the imperial system. One footcandle equals approximately 10.8 lux.
FRONTAGE – The lot line adjacent to one (1) side of a street measured along the street line.
FULLY-SHIELDED LIGHT FIXTURE – A lighting fixture constructed in such a manner that all light
emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by
reflection or refraction from any part of the luminaire, is projected below the horizontal as
determined by photometric test or certified by the manufacturer. Any structural part of the light
fixture providing this shielding must be permanently affixed.
FUNCTIONALLY DEPENDENT FACILITY – A facility which cannot be used for its intended purpose
unless it is located in close proximity to water, limited to a docking or port facility necessary for
the loading and unloading of cargo or passengers, shipbuilding, or ship repair. The term does not
include long-term storage, manufacture, sales, or service facilities.
FUNERAL & CREMATION SERVICE – An establishment engaged in undertaking services, such as
preparing the human dead for burial and in arranging and managing funerals. This definition
includes crematories and mortuaries as accessory uses.
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G
GENERAL STORE (SPECIALTY RETAIL/VARIETY) – Establishments engaged in selling goods or
merchandise to the general public for personal or household consumption and rendering services
incidental to the sale of such goods in a general store manner. This retail store is often referred
to as a specialty retail or variety store.
GOLF COURSE – An outdoor recreational use that includes a series of linked fairways/holes, with
typically, 18 to 27 fairways/holes, parking lot, maintenance facilities, practice green, and a club
house.
GOVERNING BOARD – The Person County Board of County Commissioners. The term is
interchangeable with the terms "board of aldermen" and "boards of commissioners" and means
any governing board without regard to the terminology employed in charters, local acts, other
portions of the North Carolina General Statutes, or local customary usage.
GROCERY STORE – A retail establishment that primarily sells fresh and prepackaged food and
beverage items for consumption off-premises and household goods.
GROCERY STORE WITH GENERAL MERCHANDISE (WHOLESALE CLUB) – A large wholesale
membership-based establishment that sells bulk fresh and prepackaged food and beverage items
for consumption off-premises and household goods.
GROSS FLOOR AREA – The sum of the gross horizontal areas of each floor of the principal
building, measured from the exterior walls or from the centerline of the party walls. The term
does not include any area used exclusively for the parking of motor vehicles or for building or
equipment access such as stairs, elevator shafts and maintenance crawlspaces or unused attics.
This term also excludes pedestrian walkways and common areas within enclosed shopping areas.
GROUP HOME FOR DEVELOPMENTALLY DISABLED ADULTS – A residence which provides care
for two (2) to nine (9) adults who are developmentally disabled and who have or can develop
self-help skills, are ambulatory, in need of a home and are able to participate in activities in the
community.
H
HAZARDOUS MATERIAL – As defined in NCGS § 95, Article 18, any element, chemical compound
or mixture of elements and/or compounds which is a physical hazard or health hazard as defined
in Subsection (c) of the OSHNC Standard or a hazardous substance as defined in standards
adopted by the Occupational Safety and Health Division of the North Carolina Department of
Labor in Title 13, § 7 of the North Carolina Administrative Code (13 NCAC 7).
HAZARD TO AIR NAVIGATION – An obstruction determined to have a substantial adverse effect
on the safe and efficient utilization of the navigable airspace.
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APPENDIX B: DEFINITIONS
B-27
HAZARDOUS WASTE MANAGEMENT FACILITY – As defined in NCGS 130A, Article 9, a facility for
the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous
waste.
HEARING (ADVISORY) – A courtesy hearing held by the Planning Board regarding proposed
amendments to this Ordinance or the associated Official Zoning Map or for approval of extended
vested rights or a Development Agreement in which the Planning Board ultimately makes a
recommendation to the Board of Commissioners prior to their legislative hearing.
HEARING (EVIDENTIARY) – A hearing to gather competent, material, and substantial evidence in
order to make findings for a quasi-judicial decision required by a development regulation
adopted under this Ordinance.
HEARING (LEGISLATIVE) – A hearing to solicit public comment on a legislative decision in regards
to proposed amendments to this Ordinance or the associated Official Zoning Map, or for approval
of extended vested rights or a Development Agreement.
HEIGHT – For the purpose of determining the height limits in all zones set forth in this Ordinance
and shown on the Official Zoning Map, the datum shall be measured from the mean sea level
elevation, unless otherwise specified. Building height is listed under that definition.
HIGHEST ADJACENT GRADE (HAG) – The highest natural elevation of the ground surface, prior
to construction, immediately next to the proposed walls of the structure.
HISTORIC PRESERVATION COMMERCIAL USE – A structure that is either nominated for or listed
on the National Register of Historic Places or included in the North Carolina Plan for Historic
Preservation as compiled by the North Carolina Division of Archives and History in which
commercial use is being operated from the structure.
HISTORIC STRUCTURE – means any structure that is:
(a) listed individually in the National Register of Historic Places (a listing maintained by the
US Department of Interior) or preliminarily determined by the Secretary of Interior as
meeting the requirements for individual listing on the National Register.
(b) certified or preliminarily determined by the Secretary of Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district.
(c) individually listed on a local inventory of historic landmarks in communities with a
“Certified Local Government (CLG) Program”.
(d) certified as contributing to the historical significance of a historic district designated by a
community with a “Certified Local Government (CLG) Program.”
Certified Local Government (CLG) Programs are approved by the US Department of the Interior
in cooperation with the North Carolina Department of Cultural Resources through the State
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APPENDIX B: DEFINITIONS
B-28
Historic Preservation Officer as having met the requirements of the National Historic
Preservation Act of 1966, as amended in 1980.
HOME OCCUPATION – Any business use conducted by the occupants of a dwelling unit, so that
the use is clearly incidental and subordinate to the residential use and does not change the
dwelling unit use or character as a permitted house, other than a small building-mounted sign
attached to the dwelling unit.
HOSPITAL – An institution providing physical and/or mental health services primarily for human
in-patient medical or surgical care for the sick or injured, including related facilities such as
laboratories, outpatient services, training facilities, central service facilities, emergency services,
and Staff offices.
HOUSING UNIT – A house, an apartment, a group of rooms, or a single room occupied or intended
for occupancy as separate living quarters.
I
ICE VENDING MACHINES – An outdoor kiosk/vending machine that mechanically provides ice for
a fee.
IMPERVIOUS COVER – A surface that does not allow precipitation to percolate through it.
IMPERVIOUS SURFACE – Any structure or material which significantly reduces or prevents
natural absorption of stormwater into the soil. Impervious surface cover includes any built upon
area including, but not limited to, buildings or other structures with roofs, sidewalks, driveways,
parking lots, streets, and any concrete, stone, brick, asphalt, or gravel surface. For purposes of
calculating impervious surface coverage requirements wooden slatted decks and the water area
of a swimming pool are considered pervious.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM – A septic tank, seepage tile sewage disposal system or
any other approved sewage treatment device permitted by the Person County Department of
Environmental Health.
INDIVIDUAL WATER SYSTEM – The provision of a potable water system by means of an on-site
well permitted by the Person County Department of Environmental Health.
INDUSTRIAL DISCHARGE – The discharge of industrial process treated wastewater or wastewater
other than sewage and includes:
a) Wastewater resulting from any process of industry or manufacture, or from the
development of any natural resource.
b) Wastewater resulting from processes of trade or business, including wastewater from
laundromats and car washes, but not wastewater from restaurants.
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APPENDIX B: DEFINITIONS
B-29
c) Stormwater will not be considered to be an industrial wastewater unless it is
contaminated with industrial wastewater.
d) Wastewater discharged from a municipal wastewater treatment plant requiring a
pretreatment program.
INDUSTRIAL USE – A non-residential employment use engaged in the manufacturing and basic
processing of materials or products predominately from extracted or raw materials or previously
prepared materials. This use may also include processing, fabrication, assembly, treatment,
packing, storage, sales and distribution of such products.
INDUSTRIAL (HEAVY) – A manufacturing establishment whose operations, including storage of
materials, processing, fabrication or assembly of products and loading and unloading of new
materials and finished products may occur either inside an enclosed building or outside on the
premises. Noise, odor, dust, vibration, or visual impacts could impact adjacent properties. These
uses generally involve impacts to the public health, safety and/or welfare which are greatest.
INDUSTRIAL (LIGHT) – A manufacturing establishment whose primary operations, including
storage of materials, processing, fabrication or assembly of products and loading and unloading
of new materials and finished products at loading docks and which does not produce or utilize in
large quantities of noise, odor, dust, or vibration from the manufacturing process may result in
only minor impacts on adjacent properties. No mining or quarry operations.
INSTITUTIONAL USE – A land use which serves the community’s social educational, health, and
cultural needs, typically through a government entity or non-profit organization.
ITINERANT MERCHANT – A business entity that transports an inventory of goods to display and
remotely sell the goods for retail use.
J
JANITORIAL SUPPLIES & SERVICE – A business that provides cleaning products and implements
for sale and/or cleaning services for households or businesses.
JUNK – The term “junk” shall include scrap metal, rope, rags, batteries, paper, trash, rubber,
debris, tires, waste, salvage, junked, dismantled or wrecked motor vehicles.
K
KITCHEN – A designated room in a building, by design for a specific function of food preparation,
that typically includes a refrigerator, stove, microwave, sink, food preparation space, and
electrical service.
KITCHENETTE – An area smaller than a full-sized kitchen that typically includes a refrigerator,
stove, microwave, sink, food preparation space, and electrical service.
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APPENDIX B: DEFINITIONS
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L
LAKE AUTHORITY – Also known as the Person-Caswell Lake Authority (PCLA) that has jurisdiction
over lands and sovereign submerged lands for ownership, permitting, and construction activity.
LAND DEVELOPMENT REGULATIONS – A unified development ordinance, zoning regulation,
subdivision regulation, erosion and sedimentation control regulation, floodplain or flood damage
prevention regulation, mountain ridge protection regulation, stormwater control regulation,
wireless telecommunication facility regulation, historic preservation or landmark regulation,
housing code, State Building Code Enforcement, or any other regulation adopted pursuant to this
Ordinance, or a local act or charter that regulates land use or development.
LAND DISTURBING ACTIVITY – Any use of the land that results in a change in the natural cover
or topography that may cause or contribute to sedimentation.
LANDOWNER OR OWNER – The holder of the title in fee simple of land. Absent evidence to the
contrary, the County may rely on the County tax records to determine who is a landowner. The
landowner may authorize a person holding a valid option, lease, or contract to purchase to act
as his or her agent or representative for the purpose of making applications for development
approvals.
LANDSCAPING – The part of site development that includes installation or preservation of plant
materials, including trees and shrubs, and the seeding of turf or provision of ground cover.
LANDSCAPING SERVICE/SUPPLY/PLANT NURSERY – A retail or wholesale establishment for the
growth, display, and sale of plants, shrubs, trees, and materials used in their growth directly to
the public in an indoor or outdoor retail setting, or for wholesale sales and distribution. The
business may also provide services involving the installation, removal, and maintenance of
landscaping, turf, and ground cover.
LARGER COMMON PLAN OF DEVELOPMENT OR SALE – Any area where multiple separate and
distinct construction or land-disturbing activities will occur under one plan. A plan is any
announcement or piece of documentation (including but not limited to a sign, public notice or
hearing, sales pitch, advertisement, loan application, drawing, permit application, zoning
request, or computer design) or physical demarcation (including but not limited to boundary
signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a
specific plot.
LARGER THAN UTILITY RUNWAY – A runway that is constructed for and intended to be used by
propeller driven aircraft of greater than 12,500 pounds maximum gross weight and jet powered
aircraft.
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APPENDIX B: DEFINITIONS
B-31
LDN (LOUDNESS DAY NIGHT) – A day night average sound level method of estimating a
measurable quantity of noise at airports and is based upon an Equivalent Sound Level (LEG).
LEG (EQUIVALENT SOUND LEVEL) – An energy summation of the aggregate noise environment
as measured in A - weighted sound level.
LEGISLATIVE DECISION – The adoption, amendment, or repeal of a regulation under this
Ordinance. The term also includes the decision to approve, amend, or rescind a Development
Agreement that is consistent with the provisions of NCGS, Article 10.
LEGISLATIVE HEARING – A hearing to solicit public comment on a proposed legislative decision.
LODGING, WITH ON-SITE MANAGER (HOTEL OR MOTEL) – A building or group of buildings
containing nine (9) or more individual rooms for the purpose of providing overnight
accommodations to the general public for compensation, with or without meals that has
common facilities for reservations and cleaning services, combined utilities, and on-site
management and reception services. Hotels or motels may provide on-site parking, access to
hotel rooms is provided through hallways, the building(s) may include meeting rooms,
conference facilities, and recreation facilities for use by reservation.
LODGING, WITHOUT ON-SITE MANAGER (BED & BREAKFAST, SHORT-TERM RENTAL, &
HOMESTAY RENTAL) – A Bed & Breakfast Home, per NCGS § 130A-247 (5a), Bed & Breakfast Inn,
per NCGS § 130A-247(6), or Short Term Rental/Homestay, per NCGS § 42A, are types of vacation
rental units, per the State of North Carolina. For this Ordinance, the following applies:
a) BED & BREAKFAST – A home or lodge that provides overnight accommodations with
breakfast served to guests, with no separate staff, office, or managerial front desk.
b) SHORT-TERM RENTAL – The rental, in certain zoning districts, of any portion of a single-
family dwelling or multi-family dwelling for occupancy; or camper or recreational vehicle
for lodging or sleeping purposes, for an amount of time less than thirty (30) days, per
renter, and meets all regulatory requirements, with no separate staff, office, or
managerial front desk.
c) HOMESTAY RENTAL – The rental of a room or rooms in a private home, in which a
permanent resident resides and is present during the homestay use of that property, with
no separate staff, office, or managerial front desk.
LOT – Land area which is composed of a single parcel or contiguous parcel of land under same
ownership and is recorded as such in the office of the Person County Register of Deeds. Lot types
may include:
1. CORNER – Any parcel of land having frontage on more than one street (road) which abuts
an intersection of those streets (roads).
2. DOUBLE-FRONTAGE – A continuous lot of the same depth as the width of a block,
accessible from both rights of way upon which it fronts.
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APPENDIX B: DEFINITIONS
B-32
LOT AREA – The parcel of land enclosed within the boundaries formed by the property lines plus
one-half of any alley adjacent to the lot between the boundaries of the lot, if extended.
LOT DEPTH – The depth of a lot, for the purpose of this Ordinance, is the distance measured in
the mean direction of the side lines of the lot from the midpoint of the front line to the midpoint
of the opposite lot line.
LOT IMPROVEMENT – Any building, structure, place, work of art, or other object, or
improvement of the land in which said improvements is situated which contributes a physical
betterment of real property or any part of such betterment.
LOT LINE - Any boundary of a parcel of land.
LOT OF RECORD – A lot which has been recorded in the Office of the Register of Deeds of Person
County or a lot described by metes and bounds, the description of which has been recorded in
the aforementioned office.
LOT WIDTH – The horizontal distance between the side lines measured along the front building
line as specified by applicable front yard setback in this Ordinance.
LETTER OF MAP CHANGE (LOMC) – An official determination issued by FEMA that amends or
revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change
include:
a) Letter of Map Amendment (LOMA): An official amendment, by letter, to an effective
National Flood Insurance Program map. A LOMA is based on technical data showing that
a property had been inadvertently mapped as being in the floodplain, but is actually on
natural high ground above the base flood elevation. A LOMA amends the current effective
Flood Insurance Rate Map and establishes that a specific property, portion of a property,
or structure is not located in a special flood hazard area.
b) Letter of Map Revision (LOMR): A revision based on technical data that may show
changes to flood zones, flood elevations, special flood hazard area boundaries and
floodway delineations, and other planimetric features.
c) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel
of land has been elevated by fill above the BFE and is, therefore, no longer located within
the special flood hazard area. In order to qualify for this determination, the fill must have
been permitted and placed in accordance with the community’s floodplain management
regulations.
d) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to
whether a proposed project complies with the minimum NFIP requirements for such
projects with respect to delineation of special flood hazard areas. A CLOMR does not
revise the effective Flood Insurance Rate Map or Flood Insurance Study, upon submission
and approval of certified As-built documentation, a Letter of Map Revision may be issued
by FEMA to revise the effective FIRM.
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APPENDIX B: DEFINITIONS
B-33
LIGHT DUTY TRUCK – Any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or
less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle
frontal area of 45 square feet or less as defined in 40 CFR 86.082-2 and is:
(a) Designed primarily for purposes of transportation of property or is a derivation of such
a vehicle.
(b) Designed primarily for transportation of persons and has a capacity of more than 12
persons.
(c) Available with special features enabling off-street or off-highway operation and use.
LIQUEFIED NATURAL GAS STORAGE FACILITY – A facility at which liquefied natural gas is stored
in vessels located above ground including equipment for liquefying natural gas, compressors to
capture and re-liquefy boil-off gas, re-condensers, and vaporization units for re-gasification.
LOWEST ADJACENT GRADE – means the lowest elevation of the ground, sidewalk or patio slab
immediately next to the building, or deck support, after completion of the building.
LOWEST FLOOR – means lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or
limited storage in an area other than a basement area is not considered a building's lowest floor,
provided that such an enclosure is not built so as to render the structure in violation of the
applicable non-elevation design requirements of this Ordinance.
M
MAJOR MODIFICATION – Any change which would require findings of fact or evidence in addition
to those in the record of the public hearing for the original Special Use Permit, or subsequent
modifications, if any. By way of example, but not of limitation, any of the following shall
constitute a major modification requiring an application to be resubmitted in accordance with
applicable ordinance provisions:
1. Significant changes in the zoning lot’s boundaries, unless the purposes of this Ordinance
or of the County’s plan for the comprehensive development of the area within which the
lot is located are satisfied to an equivalent or greater degree. Significant change in the
boundaries of the site if public purposes are not satisfied to an equivalent or greater
degree.
2. A change in the use approved.
3. Significant changes in the location of principal and/or accessory structures and/or uses.
4. Structural alterations significantly affecting the basic size, form, style, ornamentation, and
appearance of principal and/or accessory structures as shown in the plan.
5. Significant changes in pedestrian or vehicular access or circulation.
6. Significant changes in the amount or location of required landscape screening if an
alternate proposal does not provide the same or greater degree.
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B-34
MANUFACTURED HOME – A structure, as defined in G.S. 143-145(7), that is transportable in one
or more sections, which is built on a permanent chassis and shall be used with a permanent
foundation when connected to the required utilities. For this Ordinance, the term manufactured
home includes mobile homes or modular homes per North Carolina State Building Code, Volume
VII – Residential. The term does not include campers or recreational vehicles. The homes may be
built in accordance with the North Carolina State Building Code, but are often not, and were
assembled in accordance with U.S. Housing & Urban Development (HUD) standards in effect by
June 15, 1976 for Class A & B units. Units assembled without HUD standards before June 15,
1976, (Class C & D) are used beyond their design capacity.
MANUFACTURED HOME PARK – A parcel of land divided into two (2) or more manufactured
home lots for rent or sale. The park has delineated spaces that are designated for the exclusive
use of one (1) manufactured home per space.
MANUFACTURED HOME (SALES CENTER) – A location used for the display, offices, and sales of
manufactured homes.
MANUFACTURED HOME (TEMPORARY CONSTRUCTION) – An accessory manufactured home
located on the same lot with a permitted principal dwelling that is currently under construction
with a valid building permit. The temporary structure shall be removed from the same lot with a
permitted principal dwelling at the completion of the project.
MANUFACTURED HOME (TEMPORARY HARDSHIP) – An accessory manufactured home located
on the same lot with a permitted principal dwelling for the purposes of a caregiver to provide
care for a physically dependent person that is the occupant of the other dwelling unit on the lot.
This home shall remain temporary, shall not become a permanent home, shall be removed from
the same lot with a permitted principal dwelling at the completion of the caregiving.
MAP REPOSITORY – The location of the official flood hazard data to be applied for floodplain
management. It is a central location in which flood data is stored and managed, in North Carolina,
FEMA has recognized that the application of electronic flood hazard data products carry the same
authority as hard copy products. Therefore, the NCEM’s Floodplain Mapping Program websites
house current and historical flood hazard data. For effective flood hazard data, the NC FRIS
website (http://FRIS.NC.GOV/FRIS) is the map repository, and for historical flood hazard data the
FloodNC website (http://FLOODNC.GOV/NCFLOOD) is the map repository.
MARKET VALUE – means the building value, not including the land value and that of any
accessory structures or other improvements on the lot. Market value may be established by
independent certified appraisal, replacement cost depreciated for age of building and quality of
construction (Actual Cash Value), or adjusted tax assessed values.
MARINA – A dock or basin providing secure moorings for small watercraft which may include
ancillary uses to include fuel sales, restaurant, and convenience items for boating and water-
related recreation.
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MEDICAL CLINIC/EMERGENCY CARE – A medical service offering diagnostic, therapeutic, or
preventive outpatient services.
MINING – The extraction of or manufacturing from raw materials, including but not limited to
mining, quarrying, earth disturbance, removal, processing, use of blasting, hauling, or any
primary, secondary, or tertiary sources of material removal.
MOVIE THEATER – A commercial auditorium intended for viewing motion pictures which may
including ancillary uses to include concessions and amusements.
MOVING COMPANY/TRUCK RENTAL – A business that provides packing materials, packing
services, transport, temporary storage and truck rental for the moving of household goods,
furniture, and similar items from one location to another.
MULTI-PHASE DEVELOPMENT – A development that is submitted for Site Plan approval for
construction to occur in more than one phase and is subject to a master development plan with
committed elements, including a requirement to offer land for community use as a condition of
its master development plan approval (NCGS 160D-108).
N
NON-CONFORMING BUILDING – A building or structure that is not in conformance with the
provisions of the district in which it is located.
NON-CONFORMING LOT – Surveyed and recorded lots that met existing zoning regulations when
created but no longer conform with the adopted regulations.
NON-CONFORMING USE – A lawful use of land that does not comply with the adopted
regulations for its zoning district, but which complied with applicable regulations before adoption
of this Ordinance.
NON-POINT SOURCE POLLUTION – Pollution which enters waters mainly as a result of
precipitation and subsequent run-off from lands which have been disturbed by man's activities
and includes all sources of water pollution which are not required to have a permit in accordance
with GS 143.215.1(c).
NUISANCE – For purposes of this Ordinance, is a condition whereby the rights of an individual or
individuals is imposed upon, interfered with, or impeded upon that causes sustained agitation to
that individual or individuals. Nuisances are generally public or private in origin. For example, a
public nuisance may be an airport, highway, sewage treatment plant, and a private nuisance may
be loud music.
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O
OFFICIAL PLAN – Any plan officially adopted by the County Commissioners of Person County as
a guide for the development of the County consisting of maps, charts, and/or texts, including but
not limited to a comprehensive plan, transportation plan, capital improvements plan, and parks
& recreation plan.
OFFICE (HOME) – An office within a home where services are predominantly of an administrative,
professional, or clerical manner and no additional off-street parking or signage is required to
conduct business.
OFFICE (MEDICAL/PROFESSIONAL) – Offices of accountants, appraisers, architects, attorneys,
financial consultants, dentists, physicians, real estate agencies and similarly recognized
professionals.
ORDINANCE – Any legislative action, however denominated, of the County which has the force
of law, including any amendment or repeal thereof.
OUTDOOR DISPLAY AREA – Any area used for the commercial display of materials and items for
sale or demonstration outside of a fully enclosed building.
OUTDOOR/OPEN STORAGE – Any area which contains outdoor storage of bulk materials and/or
parts, or areas regularly used for outdoor repair areas or service stations, but excluding
temporary construction and related activities and closed bay docks.
OWNER – Any person, firm or firms, corporation or corporations, or any other legal entity having
legal title to or sufficient proprietary interest in the land sought to be subdivided under these
regulations.
P
PAIN CLINIC/PILL MILL – A place that is not a pharmacy, as regulated in NCGS § 90-85.21 and
defined in NCGS § 90-85.3, where prescription drugs are dispensed or compounded. Also known
as “pill-mills”, this land use is often includes the use of an on-site pharmacy-like facility, clinic,
and/or doctor to prescribe or dispense controlled prescription drugs in an inappropriate and/or
illegal manner.
PARK – Any planned, designed, and constructed facility used for recreational, educational,
cultural or aesthetic use. Facilities include passive parks, active parks, trails, trailheads, etc.
PARKING LOT (COMMERCIAL) – A principal or accessory use of a lot with or without a parking
structure for use as a fee for the temporary or long-term parking of motor vehicles.
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PARKING SPACE – A vehicular storage space per the dimensions of this Ordinance that includes
the necessary access space and is located completely outside of a dedicated right-of-way.
PAVING/ASPHALT/CONCRETE BATCH PLANT – A facility operated for the preparing of asphalt,
concrete, or other friction course material on a bulk, large-scale basis.
PAWN SHOP – An establishment at which a pawnbroker, as defined in NCGS § 91A- 2, regularly
conducts business.
PERSON – An individual, partnership, firm, association, joint venture, public or private
corporation, trust, estate, commission, board, public or private institution, utility, cooperative,
interstate body, the State of North Carolina and its agencies and political subdivisions, or other
legal entity.
PEST CONTROL SERVICE – A business that provides services which include the removal or
extermination of insects and other vermin, which may or may not include the use of chemicals
such as pesticides.
PHARMACEUTICAL/VITAMIN PACKAGING – An establishment at which medications or vitamins
are packaged for distribution and does not include manufacturing or compounding, subject to
any applicable requirements of NCGS § 90, Article 4A.
PHARMACY – As regulated in NCGS § 90-85.21 and defined in NCGS § 90-85.3, a place where
prescription drugs are dispensed or compounded.
PHOTOGRAPHY STUDIO – A business that provides photography and/or photo production
services on-site.
PLANNING & DEVELOPMENT REGULATION JURISDICTION – The geographic area defined in Part
2 of this Chapter, within which Person County or the City of Roxboro may undertake planning
and apply the development regulations authorized by this Ordinance.
PLANNING BOARD – The board established, pursuant to G.S. 160DǦ301, that is appointed by the
Board of County Commissioners to recommend long-range development plans and policies and
to advise the County Commissioners in matters pertaining to land use, physical development,
and zoning.
PLANS (CONSTRUCTION) – The detailed and certified drawings showing the specific location and
design of improvements to be installed for a subdivision or building site used for permitting and
construction. The post-construction drawings for this development are considered “As-builts.”
PLAT – A map or plan of a parcel of land which is to be, or has been subdivided, re-subdivided,
and recorded. The plat can be in the form of a preliminary drawing (Preliminary Plat) or as a final
drawing conforming to NCGS 47-30 for dedications, signatures, and recording.
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PLAT (PRELIMINARY) – The preliminary drawing or drawings for a minor subdivision, described
in these regulations, indicating the proposed manner or layout of the subdivision.
PLAT (FINAL) – The map, plan or record of a subdivision and any accompanying material as
described herein.
POST OFFICE – A location for the collection and receipt of mail and packages, not to include
package logistics and distribution centers or hubs.
PRINCIPAL STRUCTURE/USE – The primary building or use of a parcel or lot. A principal building
or use has to be established before the permitting approval, permit issuance, and construction
of an accessory structure or use on the same parcel or lot. Only one (1) principal structure or use
shall be permitted per lot.
PRINTING, BINDING, & REPROGRAPHICS SERVICE – A business that specializes in the printing of
materials, binding documents securely, and reproduction of graphics or large-scale imaging.
PRODUCE STAND – A facility that sells agricultural products such as fruits, vegetables, herbs, cut
flowers, eggs, meat, and similar items.
PROPERTY – All real property subject to landǦuse regulation by Person County. The term includes
any improvements or structures customarily regarded as a part of real property.
PROPERTY MAINTENANCE – The keeping of property in a sustainable condition that is orderly in
appearance and function and does not become a blight or negatively impact public health, safety,
and welfare.
PROPERTY OWNER – The person(s), entity, or company having fee simple ownership of the
property where the solar energy system is located.
PROTECTED AREA – The area adjoining and upstream of the critical area of WS-IV watershed.
The boundaries of the protected area are defined as within five (5) miles of and draining to the
normal pool elevation of a reservoir or to the ridgeline of the watershed, or within 10 miles
upstream and draining to the intake located directly in the stream or river or to the ridgeline of
the watershed.
PUBLIC IMPROVEMENT – Any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree,
lawn, off street parking areas, lot improvement, or other facility dedicated to and accepted by
the County for maintenance or operation thereof.
PUBLIC OR PRIVATE SEWER SYSTEM – Any sewage disposal system whether operated publicly
or privately other than a pit privy or a septic tank located on the lot and approved by the Person
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County Department of Environmental Health and the North Carolina Department of Natural
Resources and Community Development.
PUBLIC OR PRIVATE WATER SYSTEM – A system operated publicly or privately, whereby the
watercourse is not located on the lot of the consumers and the number of connections must be
at least fifteen (15) and approved by the Person County Department of Environmental Health
and the Water Supply Branch of the North Carolina Department of Natural Resources and
Community Development.
Q
QUASI-JUDICIAL DECISION – A decision involving the finding of facts regarding a specific
application of a development regulation and that requires the exercise of discretion when
applying the standards of the regulation. The term includes, but is not limited to, decisions
involving Variances, special use permits, certificates of appropriateness, and appeals of
administrative determinations. Decisions on the approval of subdivision plats and site plans are
quasiǦjudicial in nature if the regulation authorizes a decision Ǧmaking board to approve or deny
the application based not only upon whether the application complies with the specific
requirements set forth in the regulation, but also on whether the application complies with one
or more generally stated standards requiring a discretionary decision on the findings to be made
by the decisionǦmaking board.
R
RACETRACKS – A spectator venue for the racing of motor vehicles, motorbikes, bicycles, or
animals, which may include ancillary uses such as concessions and vendors.
RECREATIONAL USE – A public or private, indoor or outdoor land use that provides for fitness or
leisure activities. This includes parks, campgrounds, pools, tennis courts, golf courses, gymnasium
facilities, athletic facilities, sports facilities, and similar uses.
RECREATIONAL VEHICLE (RV) – A travel trailer, camping trailer, motor home or truck camper
primarily designed as temporary living quarters for recreational, camping, or travel use, of such
size or weight as not to require special highway moving permits when drawn by a motorized
vehicle, and with a living area of 400-Sq. ft. or less. The RV is typically built on a single chassis,
400 square feet or less when measured at the largest horizontal projection, is self-propelled or
towed by a truck, is not designed as a permanent dwelling, is temporary living quarters for
recreational, camping, travel, or seasonal use, and is fully licensed for highway use. NCGS § § 20-
4.01 (32b) includes camping trailers, fifth-wheel travel trailers, motor homes, travel trailers, and
truck campers and does not include manufactured home, as defined in NCGS § 143-143.9(6).
REDEVELOPMENT – Any development on previously-developed land. Redevelopment of
structures or improvements that (i) existed prior to December 2006 and (ii) would not result in
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an increase in built-upon area and (iii) provides stormwater control at least equal to the previous
development is not required to meet the nutrient loading targets of this Ordinance.
RELIGIOUS INSTITUTION – A place or building for worship and related structures located on a
single site that are subject to the Religious Land Use and Institutionalized Persons Act (RLUIPA).
REMEDY A VIOLATION – To bring the structure or other development into compliance with State
and community floodplain management regulations, or, if this is not possible, to reduce the
impacts of its noncompliance. Ways that impacts may be reduced include protecting the
structure or other affected development from flood damages, implementing the enforcement
provisions of the flood damage prevention regulations or otherwise deterring future similar
violations, or reducing federal financial exposure with regard to the structure or other
development.
REPAIR SHOP – An establishment which is maintained and operated for the primary purpose of
making mechanical and/or body repairs to motor vehicles and which receives fifty (50%) percent
or more of its gross income from charges made for such repairs.
RESEARCH, DEVELOPMENT, AND TESTING FACILITY – A facility directed to the innovation,
introduction, and improvement of products and processes for various industrial applications,
excluding hazardous materials.
RESIDENTIAL DEVELOPMENT SALES OFFICE (TEMPORARY) – A temporary office located within a
residential subdivision or development that is under construction to conduct real estate
marketing and sales for dwellings until such development is complete and all units have been
sold. This office may be located within a model home or mobile office unit.
RESIDUALS – Any solid or semi-solid waste generated from a wastewater treatment plant, water
treatment plant or air pollution control facility permitted under the authority of the North
Carolina Environmental Management Commission.
RESUBDIVISION – A change in a map of an approved or recorded subdivision plat if such change
affects any street layout or such map or area reserved thereon for public use or if said
resubdivision reduces any lot or other tract of land smaller than the area as originally depicted.
RESTAURANT – An establishment which primarily prepares and serves food and beverages to
customers for consumption and may be in the form of a sit-down or drive-through type.
RETAIL SALES & SERVICES – Establishments engaged in selling goods or merchandise to the
general public for personal or household consumption and rendering services incidental to the
sale of such goods and are not sold in a general store format.
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RIGHT-OF-WAY – A strip of land occupied or intended to be occupied by a street, crosswalk,
sidewalks, trails, railroads, roadways, utilities, or other public use. The right-of-way area may
include a full or partial width (half of the right-of-way width).
ROAD GRADE – The slope of a road, street, or other public way specified in percentage (%) terms.
S
SAWMILL OPERATIONS – An establishment often operating as a sawmill to break bulk timber
into wood products, such as lumber and heavy timbers.
SCHOOL – Any public or private institution for teaching which is recognized and approved by the
State of North Carolina.
SCHOOL (MOBILE UNIT) – A temporary accessory modular unit used for additional overflow
classroom space on a property with an established school as a principal use to be used until
enrollment can be accommodated within the permanent building.
SCHOOL (PUBLIC/PRIVATE POST-SECONDARY, TRADE, OR COLLEGE) – A public or private school,
college, university, vocational, or trade school that provides educational or vocational training
that results in certificates, diplomas, or degrees being obtained by attendees.
SCHOOL (PUBLIC/PRIVATE PRE-K THROUGH 12) – A facility used for the initial early education of
children from education levels preceding kindergarten, kindergarten, and up to the 12th grade or
equivalent. Such land uses may be located within houses, office buildings, retail suites, or within
standalone structures. Redevelopment of structures to accommodate these facilities shall be
required to achieve all permitting, internal traffic circulation, and life-safety measures prior to
issuance of a Certificate of Occupancy.
SCREEN – Materials used to hide, mask, mitigate, or shield from view land uses. Screens may
consist of a combination of earthen berms, landscaping, walls, fences, or hardscape. The screen
may be for land use compatibility, intensity transitions, or for aesthetic purposes and may be
expressed in a percentage for opaqueness. For purposes of this Ordinance, a 100% opaque screen
completely blocks the view into a property.
SEPTIC TANK SYSTEM – A ground absorption sewage treatment and disposal system consisting
of a septic tank and a nitrification field, necessary pipe lines, conduits, pump stations, and other
appurtenances required for proper collection, distribution, treatment, disposal, operation and
performance, or any other system approved by the Person County Department of Environmental
Health.
SERVICE, OTHER – An establishment primarily engaged in providing a service(s) to businesses and
individuals that are not otherwise listed in the Permitted Uses Table of this Ordinance. The
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appropriateness of the use within an applicable zoning district shall be determined on a per-
application basis.
SERVICE STATION – An establishment as a stand-alone Permitted Use which is maintained and
operated for the primary purpose of making retail sales of fuels, lubricants, air, water, and other
items for the operation and routine maintenance of motor vehicles and/or for making mechanical
repairs, servicing and/or washing of motor vehicles, and which receives more than fifty (50%)
percent of its gross income from the retail sale of this aforesaid items and/or from the making of
mechanical repairs, servicing and/or washing of motor vehicles.
SEMI-PUBLIC WATER SYSTEM – means a water system designed in accordance with the NC State
Building Code and the health regulations of the Person County Department of Environmental
Health and/or the Water Supply Branch of the NC Department of Human Resources, whereby the
watercourse is not located on the lot of the consumers and the system does not exceed fourteen
(14) service connections or twenty-five (25) or more persons. Such a system must be approved
by the Person County Building Inspector, Person County Department of Environmental Health
and/or the Water Supply Branch of the NC Department of Human Resources.
SETBACK – The distance between the minimum building line and the street front, side and rear
property lines and where no street right of way is involved, the property line shall be used in
establishing the setback, and includes the following locations:
1. FRONT – That portion of the front yard which shall remain unoccupied from the ground
upward except as may be permitted elsewhere in this Ordinance.
2. REAR – That portion of the rear yard which shall remain unoccupied from the ground
upward, except as may be permitted elsewhere in this Ordinance. Areas within the PCLA
jurisdiction are subject to additional restrictions.
3. SIDE – That portion of the side yard which shall remain unoccupied from the ground
upward except as may be permitted in this Ordinance. Areas within the PCLA jurisdiction
are subject to additional restrictions.
SHOOTING RANGE (INDOOR COMMERCIAL/CLUB) – The use of a completely enclosed structure,
with a fee or membership basis, for archery and/or the discharging of firearms for the purposes
of target practice, training, or competitions, subject to all local, state, and federal firearms laws.
SHOOTING RANGE (OUTDOOR NON-COMMERCIAL/CLUB) – The use of a property, with a fee or
membership basis, for archery and/ or the discharging of firearms for the purposes of target
practice, training, or competitions, subject to all local, state, and federal firearms laws. Outdoor
non-commercial shooting ranges for personal use by the property owner or for use under control
of the property owner shall be permitted, subject to all local, state, and federal firearms laws.
SIGN – Any identification, description, illustration, or device, illuminated or no illuminated, which
is visible from any thoroughfare or road that directs attention to any realty, product, service,
place, activity, person, institution, performance, commodity, firm, business, solicitation, idea or
concept including permanently installed or situated merchandise or any emblem, painting,
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poster, bulletin board, pennant, placard or temporary sign designed to identify or convey
information, with the exception state, municipal or national flags.
SIGN (FREESTANDING) – A sign that is attached to, erected on, or supported by some structure
(such as a pole, mast, frame, braces in or upon the ground, or other structure) that is not itself
an integral part of or attached to a building or other structure whose principal function is
something other than the support of a sign.
SIGN (GROUND) – A sign placed upon the ground, or a free standing sign, not exceeding eight (8)
feet in height.
SIGN (MANUFACTURING) – A light manufacturing use that prints, produces, or fabricates signs
from a variety of materials for installation at other locations.
SIGN (NON-CONFORMING) – A sign that, when it was originally installed, was in conformance
with the requirements in place at the time, but that no longer complies with this Ordinance, as
amended.
SIGN (BILLBOARD/OFF-PREMISE OUTDOOR ADVERTISING) – Any sign advertising a product,
business, or activity, sold, located, or conducted elsewhere than on the premises on which the
sign is located, or which a product, service, business, or activity is sold, located, or conducted on
such premises only incidentally, if at all.
SIGN (OFF-PREMISE DIRECTIONAL SIGNS) – Any off-premise sign indicating the location of or
directions to a business, religious institution, or other use. The sign shall not include any
information or message except the name of the business or activity, and directions or symbols
indicating directions. If a sign exceeds the maximum area it shall be construed as an off-premise
advertising sign.
SIGN (ON-PREMISE) – Any sign or structure, pictorial or otherwise, regardless of size or shape,
which directs attention to a business, profession, commodity, attraction, service, entertainment,
idea, or concept conducted, offered, sold, manufactured, provided, or entertained at a location
on the premises where the sign is located or to which it is affixed.
SIGN (PERMANENT) – Any professionally constructed sign made of sturdy, durable, weather-
proof materials affixed to a building or the ground that is intended to remain in place for the
duration of the occupancy of a premises.
SIGN (SNIPE) – Any sign placed upon or attached to any curb, utility pole, post, fence, hydrant,
bridge, another sign or other surface, public bench, streetlight, or any tree, rock or other natural
object located on, over or across any public street or public property. Provided, however, this
provision shall not apply to the posting of public interest, security and warning signs nor to street
signs placed upon poles by governmental units for designating the names of streets.
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SIGN (TEMPORARY) – A sign that is used in connection with a circumstance, situation, or event
that is designed, intended, or expected to take place or to be completed within a defined period
within one (1) calendar year following the erection of such sign. If a sign display area is
permanent, but the message displayed is subject to periodic changes, that sign shall not be
regarded as temporary. Real estate signs are considered temporary signs.
SITE PLAN – A scaled drawing and supporting text showing the relationship between lot lines and
the existing or proposed uses, buildings, or structures on the lot. The Site Plan may include
siteǦspecific details such as building areas, building height and floor area, setbacks from lot lines
and street rightsǦofǦway, intensities, densities, utility lines and locations, parking, access points,
roads, and stormwater control facilities that are depicted to show compliance with all legally
required development regulations that are applicable to the project and the Site Plan review. A
Site Plan approval based solely upon application of objective standards is an administrative
decision and a Site Plan approval based in whole or in part upon the application of standards
involving judgment and discretion is a quasiǦjudicial decision. A Site Plan may also be approved
as part of a conditional zoning decision.
SITE-SPECIFIC VESTING PLAN – Any of the following development approvals including Special Use
Permits, recorded Subdivision Plats, Site Plans, preliminary or general development plans, CD-
rezonings, and formerly site-specific and phased development plans.
SMOKE SHOP/VAPE SHOP/TOBACCO SALES – A retail establishment that predominantly sells
tobacco or vape products for use or consumption. This does not include the wholesale
distribution or sale of tobacco as an agricultural product.
SOLAR ABANDONMENT – Any solar energy system that ceases to produce energy on a
continuous basis for twelve (12) months will be considered abandoned.
SOLAR ACCESSORY EQUIPMENT – Any equipment serving or being used in conjunction with a
solar energy system. The term includes utility or transmission equipment, power supplies,
generators, batteries, equipment buildings, and storage sheds, shelters, or similar structures.
SOLAR ARRAY – An active solar energy system that converts sunlight into electricity using either
Thermal or photovoltaic methods. Such a system has multiple solar collectors, and might include
transformers, generators, batteries, and other appurtenant structures and/or facilities.
SOLAR COLLECTOR OR SOLAR PANEL – A device that converts sunlight into electricity using either
thermal or photovoltaic methods.
SOLAR DECOMMISSIONING PLAN – A document that details the planned shut down and removal
of a solar energy system from operation or use.
SOLAR ENERGY SYSTEM – The components and subsystems required to convert solar energy into
electric or thermal energy suitable for use. The area of the system includes all the land inside the
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perimeter of the system, which extends to any fencing. Area restrictions are based on the acreage
of panels. The term applies, but is not limited to, solar photovoltaic (PV) systems, solar thermal
systems, and solar hot water systems. A system fits into one of three system types: Level 1 SES,
Level 2 SES, and Level 3 SES.
1. Level 1 Solar Energy System (SES) – Includes the following in all Person County zoning
districts:
i. Roof-mounted on any code-compliant structure.
ii. Ground mounted less than half-acre.
iii. Covering permanent parking lots and other hardscape areas.
iv. Building integrated solar (e.g., shingle, hanging solar, canopy, etc.)
2. Level 2 Solar Energy System (SES) – Ground mounted systems greater than or equal to
half-acre and up to ten (10) acres in all Person County zoning districts.
3. Level 3 Solar Energy System (SES) – Ground mounted systems greater than ten (10) acres
in all Person County zoning districts.
SOLID WASTE DISPOSAL FACILITY – Any facility involved in the disposal of solid waste, as defined
in NCGS 130A-290, Article 9. For purposes of this Ordinance, large scale facilities are sanitary
landfills, construction and debris landfills, specific purpose landfills, and solid waste transfer
stations. Small scale facilities are recycling centers and convenience or courtesy centers.
SPECIAL USE PERMIT – A permit issued to authorize development or land uses in a particular
zoning district upon presentation of competent, material, and substantial evidence establishing
compliance with one or more general standards requiring that judgment and discretion be
exercised as well as compliance with specific standards. The term includes permits previously
referred to as conditional use permits or special exceptions.
SPOT ZONING – A zoning amendment that isolates and changes the zoning designation on a tract
of land that is inconsistent with land use compatibility, zoning designations, future land use map,
official zoning map, platting, physical construction potential, legal permissibility, utility provision,
or adjacent roadway classification. Spot zoning that creates land use incompatibility is
discouraged.
START OF CONSTRUCTION – includes substantial improvement, and means the date the building
permit was issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition placement, or other improvement was within 180 days of the permit
date. The actual start means either the first placement of permanent construction of a structure
on a site, such as the pouring of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation, or the placement of a manufactured home
on a foundation. Permanent construction does not include land preparation, such as clearing,
grading, and filling, nor does it include the installation of streets and/or walkways, nor does it
include excavation for a basement, footings, piers, or foundations or the erection of temporary
forms, nor does it include the installation on the property of accessory structures, such as garages
or sheds not occupied as dwelling units or not part of the main structure. For a substantial
improvement, the actual start of construction means the first alteration of any wall, ceiling, floor,
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APPENDIX B: DEFINITIONS
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or other structural part of the building, whether or not that alteration affects the external
dimensions of the building.
STORMWATER CONTROL MEASURE (SCM) – Structural materials or areas that designed,
permitted, constructed, and maintained to mitigate pollutants from stormwater runoff, prior to
entering other water systems. Such measures may include swales, bufferyards, berms,
retention/detention ponds, etc.
STORMWATER DESIGN MANUAL – The stormwater design manual approved for use in this part
of the Falls Lake Watershed by the Department for the proper implementation of the
requirements of the Falls Lake Watershed stormwater program. All references herein to the
Design Manual are to the latest published edition or revision.
STORMWATER DESIGN STORM – The surface runoff resulting from a 24-hour rainfall of an
intensity expected to be equaled or exceeded, on average, once in twelve (12) months and with
a duration of 24 hours.
STORMWATER SYSTEM – All engineered stormwater controls owned or controlled by a person
that drain to the same outfall, along with the conveyances between those controls. A system
may be made up of one or more stormwater controls.
STREAM (RIVERINE SYSTEM) – An ephemeral, intermittent, or perennial natural feature formed
by or resembling a river, including tributaries, streams, brooks, or concentrated flowing water in
a natural low area or natural channel on the land surface, per NC Administrative Code 15A NCAC
02B.0233. Steams do not include man-made drainage ditches.
STREAM (BUFFER/RIPARIAN SYSTEM) – An area of natural or planted vegetation through which
stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and
which provides for infiltration of the runoff and filtering of pollutants. The stream buffer is
measured landward from the normal pool elevation of impounded structures and from the bank
of each side of streams or rivers.
STREET – A public or private thoroughfare with a width of at least fifty (50) feet which affords
access to adjacent property and is recorded as such in the office of the Person County Register
of Deeds. Particular kinds of streets are as follows:
x ARTERIAL/THOROUGHFARE – Streets and highways so designated as major or minor
thoroughfares on the Person County Comprehensive Transportation Plan.
x COLLECTOR – A street intended to move traffic from local streets to secondary arterials.
x CUL-DE-SAC – A local street with only one outlet and having an appropriate terminal for the
safe and convenient reversal of traffic movement.
x BOULEVARD – Streets and highways so designated as boulevards on the Person County
Comprehensive Transportation Plan.
x DEAD-END – A street, or portion of a street, with only one vehicular outlet, which by design
may be extended in order to serve additional lots or to provide access to another street.
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APPENDIX B: DEFINITIONS
B-47
x EXPRESSWAY – Streets and highways so designated as expressways on the Person County
Comprehensive Transportation Plan.
x MARGINAL ACCESS – A minor street which is parallel to and adjacent to major highways and
provides access to adjacent properties and protection from through traffic.
x LOCAL – Streets which have been designed primarily to afford access to adjacent properties.
x PRIVATE – A street right-of-way dedicated for the exclusive use of property owners therein
and permitted guests. Private road maintenance responsibilities are shared jointly by
adjacent property owners.
x PUBLIC – Any street right-of-way designated and maintained by NCDOT, as part of the State
Highway System, whether primary or secondary, and any road which is a neighborhood public
road as defined in NCGS § 136-67.
STRUCTURE – A walled and roofed building, manufactured home, gas, liquid, liquefied gas
storage tank, or any other man-made facility designed and constructed principally above-ground.
SUBDIVISION – The division of land into lots or parcels for the purpose of sale or development,
as specified in the NCGS. Subdivisions for the purposes of this Ordinance are categorized by the
number of lots created through land subdivision, with less than five (5) lots being created is a
Minor Subdivision and five (5) or greater lots being created is a Major Subdivision.
SUBDIVISION, NON-RESIDENTIAL – A type of subdivision having an intended use other than for
residential use that is typically for commercial, industrial, or recreational purposes.
SUBDIVISION REGULATION – A subdivision regulation authorized by NCGS, Article 8.
SUBSTANTIAL DAMAGE – means damage of any origin sustained by a structure during any one-
year period whereby the cost of restoring the structure to its before damaged condition would
equal or exceed fifty (50%) percent of the market value of the structure before the damage
occurred. See definition of “substantial improvement.” Substantial damage also means flood-
related damage sustained by a structure on two separate occasions during a 10-year period for
which the cost of repairs at the time of each such flood event, on the average, equals or exceeds
twenty-five (25%) percent of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT – means any combination of repairs, reconstruction,
rehabilitation, addition, or other improvement of a structure, taking place during any one-year
period for which the cost equals or exceeds fifty (50%) percent of the market value of the
structure before the “start of construction” of the improvement. This term includes structures
which have incurred “substantial damage”, regardless of the actual repair work performed. The
term does not, however, include either:
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APPENDIX B: DEFINITIONS
B-48
(a) any correction of existing violations of State or community health, sanitary, or safety code
specifications which have been identified by the community code enforcement official
and which are the minimum necessary to assure safe living conditions.
(b) any alteration of a historic structure, provided that the alteration will not preclude the
structure's continued designation as a historic structure.
SUBSTANTIAL PROGRESS – For the purposes of determining whether sufficient progress has
been made on an approved plan, one or more of the following construction activities toward the
completion of a site or subdivision plat shall occur: obtaining a grading permit and conducting
grading activity on a continuous basis and not discontinued for more than thirty (30) days, or
installation and approval of on-site infrastructure, or obtaining a building permit for the
construction and approval of a building foundation. “Substantial progress” for purposes of
determining whether an approved plan is null and void is not necessarily the same as “substantial
expenditures” used for determining vested rights pursuant to applicable law.
SURVEY – a drawing prepared by a licensed and registered professional land surveyor.
T
TRANSITIONAL SURFACES – These surfaces extend outward at 90 degree angles to the runway
centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each
foot vertically from the sides of the primary and approach surfaces to where they intersect the
horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach
surfaces, which project through and beyond the limits of the conical surface, extend a distance
of 5,000 feet measured horizontally from the edge of the approach surface and at 90 degree
angles to the extended runway centerline.
TATTOO/MICROBLADING STUDIO – An establishment that provides tattooing, microblading, or
similar body art services.
TAXICAB STAND/OFFICE – A location for taxis to park/queue, while waiting for-hire, or the
associated office or facility typically used in conjunction with establishing the for-hire fare and
queuing.
TAXIDERMY – An establishment that cleans, prepares, preserves, stuffs, and/or mounts the skins
or body parts of dead animals.
TECHNICAL REVIEW COMMITTEE – A group of professionals tasked with reviewing proposed
development plans for compliance with local, state, federal regulations and Best Management
Practices that shall meet or confer on an as-needed basis, as determined by the Administrator.
TELECOMMUNICATION CARRIER/CELL ON WHEELS – A portable self-contained
telecommunications facility that is mobile to provide wireless services in a temporary or
emergency basis.
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APPENDIX B: DEFINITIONS
B-49
TELECOMMUNICATION FACILITY (NON-WIRELESS) – Any structure, other than a wireless
telecommunications tower/structure, that is used for the purpose of transmitting radio signals,
television signals, telemetry, or weather data.
TELECOMMUNICATION FACILITY (WIRELESS) – Any unmanned facility established for the
purpose of providing wireless transmission of voice, data, images or other information including,
but not limited to, cellular telephone service, personal communications service (PCS), and paging
service. A telecommunication facility can consist of one or more antennas, accessory equipment,
and a base station or equipment building.
TELECOMMUNICATION FACILITY (REPLACEMENT) – Constructing a new support structure of
proportions and of equal height or such other height that would not constitute a substantial
increase to a pre-existing support structure in order to support a telecommunications facility or
to accommodate co-location and removing the pre-existing support structure.
TELECOMMUNICATION FACILITY (SMALL WIRELESS) – A wireless facility that meets both of the
following qualifications:
x Each antenna is located inside an enclosure of no more than six (6) cubic feet in volume or,
in the case of an antenna that has exposed elements, the antenna and all of its exposed
elements, if enclosed, could fit within an enclosure of no more than six (6) cubic feet.
x All other wireless equipment associated with the facility has a cumulative volume of no more
than twenty-eight (28) cubic feet. For purposes of this sub-subdivision, the following types of
ancillary equipment are not included in the calculation of equipment volume: electric meters,
concealment elements, telecommunications demarcation boxes, ground-based enclosures,
grounding equipment, power transfer switches, cut-off switches, vertical cable runs for the
connection of power and other services, or other support structures.
TELECOMMUNICATION SUPPORT STRUCTURE – A structure designed to support
telecommunications facilities including, but not limited to, monopoles, towers, and other
freestanding structures.
TELECOMMUNICATION TOWER – Any structures for wireless telecommunications up to 300-ft.
in height that is used for the purpose of transmitting, receiving, or storing cellular arrays. Towers
and support structures may be in the form of monopoles, lattice, or guyed facilities.
TEMPORARY CONSTRUCTION BUILDING – Any building or portion of a building used as a
temporary field office for the coordination of a nearby construction project by the general
contractor and/or subcontractors. No portion of a temporary construction building may be used
as an accessory occupancy (such as a sales office) into which the general public would be allowed
access.
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APPENDIX B: DEFINITIONS
B-50
TEMPORARY HEALTH CARE STRUCTURE – A transportable residential structure permitted under
NCGS § 160D-915. providing an environment facilitating a caregiver’s provision of care for a
mentally or physically impaired person, that (i) is primarily assembled at a location other than its
site of installation, (ii) is limited to one (1) occupant who shall be the mentally or physically
impaired person, (iii) has no more than 300 Gross SF (GSF), and (iv) complies with applicable
provisions of the State Building Code and NCGS § 143-139.1(b). Placing the temporary family
health care structure on a permanent foundation shall not be required or permitted. Additional
definitions related to temporary health care structures include:
x ACTIVITIES OF DAILY LIVING – Bathing, dressing, personal hygiene, ambulation or locomotion,
transferring, toileting, and eating.
x CAREGIVER – An individual 18 years of age or older who (i) provides care for a mentally or
physically impaired person and (ii) is a first or second-degree relative of the mentally or
physically impaired person for whom the individual is caring.
x FIRST OR SECOND-DEGREE RELATIVE – A spouse, lineal ascendant, lineal descendant, sibling,
uncle, aunt, nephew, or niece and includes half, step, and in-law relationships.
x MENTALLY OR PHYSICALLY IMPAIRED PERSON – A person who is a resident of this State and
who requires assistance with two or more activities of daily living as certified in writing by a
physician licensed to practice in North Carolina.
TEMPORARY WORKFORCE HOUSING – Temporary workforce housing is a form of affordable
housing within campgrounds and recreational vehicle parks, where some units are rented to
workers on area projects for a seasonal or per-project basis.
THRIFT/CONSIGNMENT STORE – An establishment that sells secondhand items on a resale or
consignment basis.
TOBACCO HARVESTING, CURING, & PROCESSING FACILITIES – Facilities used for curing and
storage areas for processing tobacco through stripping, sorting, curing, auction, sale, and
shipping.
TRUCK STOP – A facility which accommodates the trucking industry by providing fueling stations,
weigh stations, restaurants, convenience foods, bathing facilities, and occasionally, overnight
rooming accommodations. These facilities are typically located near state, federal or highways.
TRUCK TERMINAL, REPAIR, OR HAULING YARD – A facility where trucks of all sizes and make are
stored, repaired, or hauled for repair.
U
UNDEVELOPED PARCEL – A parcel that is not developed upon.
UNIFIED DEVELOPMENT ORDINANCE – Pursuant to NCGS § 160D-103, Person County elected to
combine regulations authorized by this Ordinance into a “unified ordinance.” Unless expressly
provided otherwise, Person County may apply any of the definitions and procedures authorized
340
APPENDIX B: DEFINITIONS
B-51
by law to any or all aspects of this Unified Development Ordinance and may employ any
organizational structure, board, commission, or Staffing arrangement authorized by law to any
or all aspects of this Ordinance. Inclusion of a regulation authorized by this Ordinance and local
act into a Unified Development Ordinance does not expand, diminish, or alter the scope of
authority for these regulations.
USE BY RIGHT – A use which is listed as an unconditionally permitted activity in this Ordinance.
UTILITY POLE – A structure that is designed for and used to carry lines, cables, wires, lighting
facilities, or small wireless facilities for telephone, cable television, electricity, lighting, or wireless
services.
UTILITY SYSTEMS – Equipment and facilities that are used both publicly and privately for the
provision of utilities. This may include, but is not limited to appurtenances, distribution lines,
easements, combined-cycle systems, hydroelectric, battery energy storage systems, solar energy
panels or systems, natural gas assemblies, liquefied natural gas, power plants, including small
modular nuclear reactor, and central utility operations for water and wastewater provision. For
this Ordinance, large-scale utility systems are considered 10-acres or greater and small-scale
utility systems are considered less than 10-acres in size.
V
VARIANCE – A grant of relief from the requirements of this Ordinance and is a modification or
alteration of any of the requirements of this Ordinance issued by the Board of Adjustment
through a quasi-judicial process as set forth in NCGS § 160D-406 and § 160D-705.
VEGETATION – Trees or shrubs from the Recommended Plant List of this Ordinance that are used
for landscaping and, occasionally for screening, shall be planted on a property in a minimum one
(1) gallon container and be maintained to reach a minimum height of at least six (6) feet at
maturity, within a three (3) year period.
VESTED RIGHT – A right pursuant to the North Carolina General Statutes to undertake and
complete the development and use of property under the terms and conditions of an approved
site-specific vesting plan, subject to NCGS § 160D-108 and Chapter 160D-108.1.
VETERINARY CLINIC/ANIMAL BOARDING/GROOMING – Any facility used for the purpose of
giving licensed medical treatment to animals or pets or any other treatment of animals, such as
grooming, boarding, or ancillary sales of pet supplies. This use may include indoor or outdoor
animal kennels.
VISIBLE – Capable of being seen from off-site, an adjacent property, or a public right-of-way
without visual aid by a person of normal visual acuity.
341
APPENDIX B: DEFINITIONS
B-52
VISUAL RUNWAY – A runway intended solely for the operation of aircraft using visual approach
procedures.
W
WAREHOUSE (DISTRIBUTION FACILITY) – An industrial use that provides large areas for the
storage and organization of goods or products in order fulfill or package orders for transport or
delivery to businesses or individuals.
WAREHOUSE (SELF-STORAGE OR GENERAL STORAGE) – A use that provides large storage areas
for materials, products or household goods, but does not include distribution.
WATER DEPENDENT STRUCTURE (EXCLUDING MARINA) – Any structure for which the use
requires access to or proximity to or citing within surface waters to fulfill its basic purpose, such
as boat ramps, boat house, docks, and bulkheads. Ancillary facilities such as restaurants, outlets
for boat supplies, parking lots and commercial boat storage areas are not water dependent
structures.
WATER TOWER – A water storage tank, a standpipe, or an elevated tank situated on a support
structure originally constructed for use as a reservoir or facility to store or deliver water.
WATERCOURSE – A lake, river, creek, stream, wash, channel or other topographic feature on or
over which waters flow at least periodically. Watercourse includes specifically designated areas
in which substantial flood damage may occur.
WATERSHED – The entire land contributing surface drainage to a specific point.
WATERSHED CRITICAL AREA – The area adjacent to a water supply intake or reservoir where risk
associated with pollution is greater than from the remaining portions of the watershed. The
critical area is defined as extending either 1/2 mile from the normal pool elevation of the
reservoir in which the intake is located or to the ridgeline of the watershed whichever comes
first, or 1/2 mile upstream and draining to the intake located in the stream or river (run-of-the-
river), or to the ridgeline of the watershed (whichever comes first).
WATERSHED PROTECTED AREA – The area adjoining and upstream of the critical area of WS-IV
watershed. The boundaries of the protected area are defined as within five (5) miles of and
draining to the normal pool elevation of a reservoir or to the ridgeline of the watershed, or within
10 miles upstream and draining to the intake located directly in the stream or river or to the
ridgeline of the watershed.
WINERY – A facility operated for the purpose of making wine. Associated with this process can
include catering, lodging facilities, restaurants, live music venue, farm tours, winery tours,
farmers market, petting zoo, corn maze, cheese processing, roasting of coffee and associated
retail sales.
342
APPENDIX B: DEFINITIONS
B-53
Y
YARD – Any open space on the same lot with a building and unoccupied from the ground
vertically except by trees, shrubbery, fences, open fire escapes, chimneys, flues, cornices, eaves
and bay windows:
1. FRONT – An area extending from the front building line to the front lot line or right-of-
way.
2. REAR – An area located behind the rear building line and extending to rear lot line or right-
of-way.
3. SIDE OR STREET SIDE – An area between the side building line and side lot line or right-of-
way, extending from the front building line to the rear building line.
YARD/GARAGE/ESTATE SALES – An outdoor sale of items conducted upon a property by one or
more households or civic groups where goods sold are limited primarily to used merchandise
provided by the yard sale participants. For purposes of this Ordinance, attic and garage sales, and
the like shall be considered yard sales.
Z
ZONING ADMINISTRATOR – Planning Director (a.k.a. County Planner) or their designated
representative.
ZONING DISTRICT – Subject to NCGS § 160D-703, a zoning district is a division of the jurisdiction
of Person County in which land use, structure type, and dimensional requirements are
determined based on proximity to transportation and utility amenities, surrounding and
compatible land uses and need within the County.
ZONING MAP AMENDMENT OR REZONING – An amendment to a zoning regulation for the
purpose of changing the zoning district that is applied to a specified property or properties. The
term also includes (i) the initial application of zoning when land is added to the territorial
jurisdiction of the County that has previously adopted zoning regulations and (ii) the application
of an overlay zoning district or a conditional zoning district. The term does not include (i) the
initial adoption of a zoning map by the County, (ii) the repeal of a zoning map and readoption of
a new zoning map for the entire planning and development regulation jurisdiction, or (iii)
updating the zoning map to incorporate amendments to the names of zoning districts made by
zoning text amendments where there are no changes in the boundaries of the zoning district or
land uses permitted in the district.
ZONING PERMIT – A permit by the Person County Zoning Administrator or his authorized agents
that a course of action to use or occupy a tract of land or a building or to erect, install, or alter a
structure, building, or sign situated in the zoning jurisdiction of the County fully meets the
requirements of this Ordinance.
ZONING REGULATION – A zoning regulation authorized by NCGS, Article 7.
343
WW E/y͗Z KDD E W>Ed>/^d
-1
APPENDIX C: RECOMMENDED PLANT LIST
Botanical & Common Name
Water
Use
Zone
NC
Hardiness Zone Texture Form
Height/
Spread
(ft)
Growth
Rate Group Exposure
LARGE TREES
Acer floridanum/Florida
Maple or Southern Sugar
Maple
1,2,3 6b to 8 Medium Oval 40-50/20-
25
Medium
to Fast Deciduous Sun/Semi-
Shade
Acer rubrum/Red Maple 1,2 6b to 8 Medium Rounded 40-50/25-
35 Medium Deciduous Sun/Semi-
Shade
Acer saccharum/Sugar
Maple 1,2 6b to 7a Medium Oval 60-80/25-
40
Medium
to Fast Deciduous Sun/Semi-
Shade
Betula nigra/River Birch 1,2 6b to 8 Medium Oval 40-70/40-
60 Fast Deciduous Sun
Cedrus libani/Cedar of
Lebanon 1,2 5 to 7 Medium Conical 80-100/80-
100 Fast Evergreen Sun
Cryptomeria japonica/
Japanese Cryptomeria 1,2,3 6 to 8 Fine Conical 50-60/20-
30
Slow to
Medium Evergreen Sun
Fraxinus americana/White
Ash 1,2,3 6 to 7 Medium Oval 80/50 Fast Deciduous Sun
Franxius pennsylvanica/
Green Ash 1,2,3 6b to 8 Medium Upright,
Spreading
50-60/20-
30 Medium Deciduous Sun
Gingko biloba/Gingko or
Maiden Hair Tree(male
only)
1,2 6b to 8 Medium Irregular 50-70/30-
40 Very Slow Deciduous Sun
Gleditsia iriacanthos var.
inermis/Thornless Honey
Locust
1,2 6 to 8 Fine Oval/
Rounded
50-75/35-
50 Fast Deciduous Sun
Gymnocladus dioicus/
Kentucky Coffee Tree 1,2 3 to 8 Medium
to Coarse
Horizontal
Branching
60-80/40-
55
Slow to
Medium Deciduous Sun
Liriodendron
tulipifera/
Tuliptree(Yellow
Poplar)
1,2,3 6b to 8 Coarse Broad,
Rounded
70-90/35-
50 Fast Deciduous Sun
Magnolia grandiflora/
Southern Magnolia 1,2 6b to 8 Course Upright,
Pyramidal
60-80/40-
50
Slow to
Medium Evergreen Sun
Metasequoia
glyptosfroboides/Dawn
Redwood
1,2 6b to 8 Fine Conical 40-50/20-
25 Fast Deciduous Sun
Pinus strobus/White Pine 1,2 6b to 7a Medium Pyramidal 80-100/25-
40 Medium Evergreen Sun
Pinus taeda/Loblolly Pine 1,2,3 6b to 7 Medium Horizontal
Branching
80-100/20-
30 Fast Evergreen Sun
Platanus x acerfolia/London
Planetree 1,2 4 to 8 Medium
to Coarse Pyramidal 75-100/60-
75 Medium Deciduous Sun
Platanus occidentalis/
Sycamore 1,2 6 to 8 Coarse Oval/
Rounded
75-100/75-
100 Fast Deciduous Sun
Quercus acutissima/
Sawtooth Oak 1,2,3 6b to 8 medium Broad,
Oval
35-45/35-
45 Medium Deciduous Sun
Quercus falcate/Southern
Red Oak 1,2 6b to 8 Coarse Rounded 70-80/30-
40 Medium Deciduous Sun
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APPENDIX C: RECOMMENDED PLANT LIST
C-2
LARGE TREES
Quercus nigra/Water Oak 1,2,3 6b to 8 Medium Rounded 80-90/40-
50
Medium
to Fast Deciduous Sun
Quercus nuttalli/Nuttall Oak 1,2 5 to 9 Medium Pyramidal 40-60/35-
50
Medium
to Fast Deciduous Sun
Quercus palustris/Pin Oak 1,2 6b to 8a Medium Pyramidal 70-80/40-
50 Medium Deciduous Sun
Quercus phellos/Willow
Oak
1,2 6b to 8 Fine Rounded 80-100/40-
50 Medium Deciduous Sun
Quercus shumardii/
Shumard Oak
1,2,3 6b to 8 Medium Pyramidal 40-60/40-
60
Medium Deciduous Sun
Quercus virginiana/Live
Oak
1,2,3 7b to 8 Medium Rounded 60-80/50-
60
Medium Evergreen Sun
Taxodium distichum/
Common Baldcypress
1,2,3 6b to 8 Fine Conical 50-70/20-
30
Medium Deciduous Sun
Tilia cordata/Littleleaf
Linden
1,2 6 to 8 Medium Oval 50-70/35-
50
Medium Deciduous Sun/Semi-
Shade
Tilia platyphyllos/Bigleaf
Linden
1,2 2 to 6 Medium Pyramidal 60-80/30-
50
Medium Deciduous Sun/Semi-
Shade
Ulmus parvifolia/True
Chinese Elm (Lacebark Elm)
1,2,3 6b to 8 Medium Rounded 40-50/30-
40
Fast Deciduous Sun
Zelkova serrate/Japanese
Zelkova
1,2,3 6b to 8a Medium Broad,
Oval
50-80/50-
60
Fast Deciduous Sun
SMALL TREES
Acer buergeranun/
Trident Maple 1,2,3 7b to 8 Medium Oval 20-25/10-
15 Slow Deciduous Sun
Acer ginnala/Amur
Maple 3 to 8 Medium Rounded 15-20/15-
28 Slow Deciduous Sun/Semi-
Shade
Acer griseum/Paperbark
Maple 4 to 8 Medium Upright 20-30/15-
25 Slow Deciduous Sun/Semi-
Shade
Acer palmatum/
Japanese Maple 1,2 5 to 8 Fine to
Medium Rounded 15-25/10-
25
Slow to
Medium Deciduous Shade
Carpinus caroliniana/
American Hornbean
(Ironwood)
1,2,3 6b to 5 Medium Loose,
Rounded
20-30/15-
25 Slow Deciduous Sun/Shade
Catalpa bignonioides/
Southern Catalpa 5 to 9 Coarse Irregular 25-40/20-
30 Fast Deciduous Sun/Semi-
Shade
Cercis canadensis/
Redbud or Judas Tree 1,2 6b to 8 Medium Oval 25-30/20-
28 Medium Deciduous Sun/Shade
Chionanthus virgincus/
Fringe Tree or Grancy
Gray-beard
1,2 6b to 8 Coarse Irregular 10-20/15-
20
Slow to
Medium Deciduous Sun/Semi-
Shade
Cornus florida/Flowering
Dogwood 1,2 6 to 8 Medium Conical 20-30/20-
25
Slow to
Medium Deciduous Sun/Semi-
Shade
Cornus kousa/Kousa
Dogwood 1,2 6 to 7 Medium Horizontal
Branching 10-15/8-10 Medium Deciduous Sun/Semi-
Shade
Cupressocyparis leyiandii/
Leyland Cypress 1,2,3 6b to 8 Fine Upright 60-70 Fast Evergreen Sun/Semi-
Shade
Halesia carolina/Silverbell 1,2,3 6b to 8 Medium Spreading 20-30/15-
20 Medium Deciduous Sun/Semi-
Shade
Ilex x
attenuata/Savannah,
Savannah Holly
1,2,3 6b to 8 Coarse Pyramidal 25-30/10-
15
Medium Evergreen Sun/Shade
345
APPENDIX C: RECOMMENDED PLANT LIST
C-3
SMALL TREES
Ilex decidua/Possumhaw 1,2,3 6b to 8 Medium Loose,
Rounded
20-30/15-
20 Medium Deciduous Sun/Semi-
Shade
Ilex latifolia/Lusterleaf
Holly 1,2,3 6b to 8 Coarse Pyramidal 20-25/15-
20 Medium Evergreen Sun/Shade
Ilex x Nellie R. Stevens/
Nellie R. Stevens Holly 1,2,3 6b to 8 Coarse Pyramidal 15-25/10-
15 Medium Evergreen Sun/Shade
Ilex opaca/American
Holly 1,2 6b to 8 Medium
to Coarse Pyramidal 20-30/15-
20 Medium Evergreen Sun/Shade
Ilex x attennata 'Fosteri'/
Foster's Holly
6 to 9 Fine to
Medium
Upright,
Pyramidal 20-30/7-10 Fast Evergreen Sun/Semi-
Shade
Juniperus virginiana/
Eastern Red Cedar 2,3 2 to 9 Fine to
Medium Upright 30-40/10-
20 Medium Evergreen Sun
Koelreuteria paniuclata/
Goldenraintree 1,2,3 6b to 8 Fine Rounded 20-30/10-
15 Medium Deciduous Sun
Lagerstroemia indica/
Crape Myrtle(appropriate
varieties)
1,2,3
6b to 8
Fine
Upright 20-30/10-
15
Fast
Deciduous
Sun
Magnolia grandiflora
'Little Gem'/Little Gem
Magnolia
1,2
7 to 8
Coarse
Symmetrical 40-60/25-
30
Medium
to Fast
Evergreen Sun/Semi-
Shade
Magnolia stellata/Star
Magnolia 1,2,3 6 to 8 Medium Oval Upright 15-20/10-
12 Slow Deciduous Sun/Semi-
Shade
Magnolia virginiana/
Sweetbay Magnolia
1,2
7 to 8
Medium
Wide,
Spreading
Irregular
8-12/6-10
Slow
Deciduous Semi-
Shade
Magnolia x loebneri/
Sweetbay Magnolia
5 to 8 Medium Rounded 20-30/20-
30 Medium Deciduous Semi-
Shade
Magnolia x soulangiana/
Saucer Magnolia 1,2,3 6b to 8 Coarse Rounded 20-30 Medium Deciduous Sun/Semi-
Shade
Malus species/Flowering
Crab 1,2 6b to 8 Medium Rounded to
Upright
15-30/15-
30 Medium Deciduous Sun
Oxydendrum arboretum/
Sourwood 1,2,3 6b, 7a Medium
to Coarse Upright 30-40/15-
20 Medium Deciduous Sun/Semi-
Shade
Pinus thunbergiana/
Japanese Black Pine
5 to 8 Medium Irregular 50-70/25 Slow to
Medium Evergreen Sun
Pinus virginiana/Virginia
Pine 1,2,3 6b to 8a Fine Conical 15-30/10-
30 Slow Evergreen Sun
Prunus caroliniana/
Carolina Laurel, Cherry 1,2,3 7 to 8 Medium Oval 20-30/15-
20 Fast Evergreen Sun/Shade
Prunus serrulata/(many
cultivars) Japanese
Flowering Cherry
1,2
6b to 8a
Medium
Oval,
Spreading,
Weeping
20-30/20-
30
Medium
Deciduous
Sun
Prunus x yedoensis/
Yoshino Cherry 1,2 6b to 8a Medium Oval,
Spreading
10-15/20-
25 Medium Deciduous Sun
Vitex agnus-castus/
Chastetree 1,2,3 6b to 8 Medium Oval 15-20/10-
15 Medium Deciduous Sun
LARGE SHRUBS
Buddleia davidii/Butterfly
Bush 1,2,3 6b to 8 Medium Upright,
Oval 10-15 ft Fast Deciduous Sun
Calycanthus floridus/
Sweetshrub 1,2,3 6b to 8 Medium Broad,
Rounded 8-12 ft Medium Deciduous Sun/Shade
Camellia japonica/
Camellia 1,2 6b to 8 Medium
to Coarse
Rounded
to Oval 8-10 ft Slow to
Medium Evergreen Sun/Semi-
Shade
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APPENDIX C: RECOMMENDED PLANT LIST
C-4
LARGE SHRUBS
Camellia sansanqua/
Sansanqua Camellia 1,2 7 to 8 Medium Irregular to
Upright 8-10 ft Slow to
Medium Evergreen Sun/Semi-
Shade
Chaenomeles speciosa/
Flowering Quince 1,2,3 6b to 8 Medium Rounded 8-10 ft Medium Deciduous Sun/Semi-
Shade
Euonymus alatus/Winged
Euonymous 1,2,3 6b to 8 Medium Mounded 15-20 ft Slow Deciduous Sun/Shade
Hamamelis vernalis/Vernal
Witchhazel 1,2,3 6b to 8a Medium Dense,
Rounded 8-12 ft Medium Deciduous Sun/Semi-
Shade
Hibiscus
syriacus/Shrub Althea
(Rose of Sharon)
1,2,3 6b to 8 Medium Rounded 8-12 ft Medium Deciduous Sun
Ilex x attenuate
'Fosteri'/ Foster Holly 1,2 6b to 8 Medium Upright 8-10 ft Slow Evergreen
to Medium
Sun/Semi-
Shade
Ilex cornuta 'Burfordii'/
Burford Holly 1,2,3 6b to 7b Coarse Oval to
Rounded 8-12 ft Medium
to Fast Evergreen Sun/Semi-
Shade
Ilex verticillata/
Winterberry
3 3 to 9 Medium Oval
Rounded 6-15/6-10 Slow to
Medium Deciduous Sun/Semi-
Shade
Ilex x 'Emily Bruner'/ Emily
Bruner Holly
1,2,3 7 to 9 Medium Pyramidal 15-20/8 Medium Evergreen Sun/Semi-
Shade
Ilex x 'Nellie R.
Stevens'/ Nellie
Stevens Holly
1,2,3 6 to 9 Medium Upright
Pyramidal
30-40/10-
15 Fast Evergreen Sun/Semi-
Shade
Juniperus chinesis 'Hetzi'/
Hetz Juniper 2,3 6b to 8 Fine Upright 15 ft Fast Conifer Sun
Juniperus chinensis
'Pfitzeriana'/ Pfitzer Juniper 2,3 6b to 8 Fine Broad,
Upright 8-10 ft Fast Conifer Sun
Leucothoe populufolia/
Fetterbrush
1,2
7a to 8
Medium Upright,
Arching
8-12 ft
Medium
Evergreen
Semi-
Shade/
Shade
Magnolia stellate/ Star
Magnolia 1,2,3 6b to 8a Coarse Rounded 10-15 ft Medium Deciduous Sun/Semi-
Shade
Osmanthus fortune/
Fortunes Osmanthus 1,2,3 6b to 8 Medium Rounded 8-10 ft Slow to
Medium Evergreen Semi-
Shade
Pittosporum tobira/
Japanese Pittosporum 1,2 7b to 8b Medium Rounded 8-10 ft Fast Evergreen Sun/Semi-
Shade
Podocarpus macrophyllus
var maki/Southern Yew 1,2 7a to 8b Medium Upright 8-12 ft Medium Evergreen Sun/Semi-
Shade
Pyrancantha species/
Firethorn 1,2 6b to 8 Medium Irregular 10-12 ft Fast Evergreen Sun
Rhododendron austrinum/
Florida Azalea (Red flower)
1,2
6b to 7
Medium
Rounded
8-12 ft
Medium
Deciduous
Semi-
Shade/
Shade
Rhododendron
calendulaceum/ Flame
Azalea (Yellow-pink flower)
1,2
6b to 7
Medium
Rounded
10-15 ft
Medium
Deciduous
Semi-
Shade/
Shade
Rhododendron canescens/
Piedmont Azalea (Rosy
Purple Flower)
1,2
6b to 7
Medium
Rounded
10-15 ft
Medium
Deciduous
Semi-
Shade/
Shade
Rhus typhina/ Staghorn
Sumac 1,2,3 6b to 8 Fine Open,
Spreading 15-25 ft Fast Deciduous Sun/Semi-
Shade
Ternstoemia gymnathera/
Cleyera 1,2 6b to 8 Medium Upright 8-10 ft Slow to
Medium Evergreen Sun/Semi-
Shade
347
APPENDIX C: RECOMMENDED PLANT LIST
C-5
LARGE SHRUBS
Thuja occidentalis
'Emerald'/ Emerald
Arborvitae
1,2,3
4 to 8
Fine
Pyramidal
15/3-4
Medium
Evergreen
Sun
Viburnum lantana/
Wayfaringtree Viburnum 1,2,3 6b to 8a Coarse Round,
Spreading 10-15 ft Medium Deciduous Sun/Semi-
Shade
Viburnum opulus/
European, Cranberrybush,
Viburnum
1,2,3
6b to 8a
Coarse Upright,
Spreading
8-12 ft
Medium
Deciduous Sun/Semi-
Shade
Viburnum plicatum var.
tomentosum/Doublefile
Viburnum
1,2,3
6b to 8a
Coarse Round,
Spreading
8-10 ft
Medium
Deciduous Sun/Semi-
Shade
Viburnum x pragense/
Prague Viburnum 1,2,3 6b to 8a Medium Oval 10-12 ft Medium Deciduous Sun/Semi-
Shade
MEDIUM SHRUBS
Abelia x grandiflora/Abelia 1,2,3 6b to 8 Fine Irregular 3-4 ft Slow to
Medium Evergreen Sun/Semi-
Shade
Aucubajaponica/Japanese
Aucuba
1,2
6b to 8
Coarse
Upright
6-8 ft
Medium
Evergreen
Semi-
Shade/
Shade
Buxus sempervirens/
Common Boxwood 1,2,3 6b to 7a Fine to
Medium Rounded 5-8 ft Slow to
Medium Evergreen Semi-
Shade
Camelia japonica/
Japanese Camelia 1,2 7 to 8 Medium Upright
Columnar 8-15/6-7 Fast Evergreen Semi-
Shade
Callicarpa dictoma/ Purple
Beautyberry
1,2
5 to 8
Medium
Slender,
Arching
Branches
3-4/4-5 Medium to
Fast
Deciduous Sun/Semi-
Shade
Clethera alnifola/
Summersweet Clethra 1,2 3 to 9 Medium Oval, Upright 4-10/4-6 Slow Deciduous Sun/Semi-
Shade
Chamae cyparis pisifera
(cultivars)/ Japanese False
Cypress
1,2
4 to 8
Medium
Pyramidal 50-70/10-
20
Medium
Evergreen
Sun
Cytissus scoparius/ Scotch
Broom 1,2,3 6b to 8a Fine Upright Open 5-6 ft Medium Evergreen Sun
Forsythia intermedia
Hybrids/ Border Forsythia 1,2 6b to 8 Medium Irregular 5-7 ft Fast Deciduous Sun
Hydrangea macrophylla/
Bigleaf Hydrangea 1,2 6b to 8 Course Rounded 5-8 ft Fast Evergreen Semi-Sun
Hydrangea quercifolia/
Oakleaf Hydrangea 1,2,3 6b to 8 Coarse Upright 6-8 ft Medium Deciduous Sun
Ilex cornuta 'Burfodii Nana',
Dwarf Burford Holly 1,2,3 6b to 8 Medium to
Coarse Rounded 5-6 ft Slow Evergreen Sun/Semi-
Shade
Ilex glabra, Inkerry Holly 1,2,3 6b to 8 Medium Rounded 6-8 ft Medium Evergreen Sun
Illicium floridanum/Anise-
tree 1,2,3 7 to 9 Medium Rounded 6-10/4-8 Fast Evergreen Sun/Semi-
Shade
Itea virginica/Virginia
Sweetspire 1,2,3 5 to 9 Medium Rounded 3-6/4-6 Medium to
Fast Evergreen Sun/Semi-
Shade
Juniperus virginiana 'Grey
Owl'/Grey Owl Juniper
2 to 9 Fine Horizontal
Branching 2-3/4-6 Fast Evergreen Sun
348
APPENDIX C: RECOMMENDED PLANT LIST
C-6
MEDIUM SHRUBS
Kalmia latifolia/ Mountain
Laurel 1,2 6b to 7 Medium Upright 5-8 ft Slow to
Medium Evergreen Semi-
Shade
Prunus laurocerasus
'Schipkaensis'/Schipka
Laurel
6 to 8 Fine to
Medium
Upright
Spreading
3-4/3-4
Medium
Evergreen
Sun, Shade
Prunus laurocerasus 'Otto
Luyken'/Otto Luyken Laurel
6 to 8 Fine to
Medium
Upright
Spreading 3-4/3-4 Medium Evergreen Sun, Shade
Spiraea prunifolia 'Plena'/
Bridalwreath Spirea 1,2,3 6b to 8 Fine to
Medium Rounded 5-7 ft Medium to
Fast Deciduous Sun
Spiraea vanhouttei/
Vanhoutte Spirea 1,2,3 6b to 7b Medium Rounded 5-7 ft Medium to
Fast Deciduous Sun
SMALL SHRUBS
Aucubajaponica/Dwarf
Aucuba
1,2,3
6b to 8
Coarse
Oval
3-4 ft
Slow
Evergreen
Shade/
Semi- Shade
Azaleas, Hybrids 1, 2 6b to 8 Fine Upright 3-5 ft Slow to
Medium Evergreen Semi- Shade
Berberis thunbergii/
Japanese Barberry 1,2,3 6b to 8a Medium Oval 3-5 ft Medium Evergreen Sun/Semi-
Shade
Buxus microphylla var.
japonica/ Japanese
Boxwood
1,2,3
7a to 8
Fine
Rounded
3-4 ft
Slow
Evergreen Sun/Semi-
Shade
Deutzia gracilis/ Slender
deutsia 1,2,3 6b to 8a Fine Mounded 2-4 ft Medium Semi-
Evergreen
Sun/Semi-
Shade
Euonymus alatus 'Rudy
Haag'/ Winged Euonymus
6 to 8 Medium Upright,
Horizontal 8-10/8-10 Medium Deciduous Sun/Semi-
Shade
Hydrongea arborescens/
'Annabelle' Smooth
Hydrangea
1, 2
6b to 8
Coarse
Rounded
3-5 ft
Fast Semi-
Evergreen
Sun
Ilex cornuta/ 'Carissa' Carissa
Holly 1,2,3 6b to 8 Medium Rounded 3-4 ft Slow Evergreen Sun/Semi-
Shade
Ilex cornuta/ 'Rotunda'
Dwarf Chinese Holly 1,2,3 6b to 8 Coarse Rounded 3-4 ft Slow Evergreen Sun/Semi-
Shade
Ilex crenata/ 'Compacta'
Compact Holly 1,2 6b to 7 Fine to
Medium Rounded 3-4 ft Medium Evergreen Sun/Semi-
Shade
Ilex crenata/ 'Green Lustre' 1,2,3 6b to 8a Fine to
Medium Rounded 3-5 ft Medium Evergreen Sun/Semi-
Shade
Ilex crenata/ 'Helleri' (Heller)
Japanese Holly 1,2 6b to 7 Fine Spreading 2-3 ft Slow Evergreen Semi- Shade
Ilex cranata/ 'Hetzi' Hetz
Holly 1,2 6b to 7 Fine to
Medium Rounded 4-5 ft Medium Evergreen Sun/Semi-
Shade
Itea virginica/ Virginia
Sweetspire 1,2,3 6b to 8b Medium
Branching Upright 3-5 ft Medium Deciduous Sun/Shade
Jasminum nudiflorum/
Winter Jasmine 1,2,3 6b to 8 Fine Mounded
Spreading 3-4 ft Fast Evergreen Sun/Shade
Juniperus chinensis 'Parsonii'/
Parsons Juniper 2,3 6 to 8 Fine Spreading 2-3/4-7 Slow Evergreen Sun/Semi-
Shade
Kerria japonica/ Japanese
Kerria 1,2,3 6b to 8 Medium Upright
Arching 3-5 ft Medium Evergreen Sun
Pyracantha koidzumii/
'Santa Cruz' 1,2,3 7b to 8 Medium Prostrate
Spreading 2-3 ft Medium Evergreen Sun
349
APPENDIX C: RECOMMENDED PLANT LIST
C-7
SMALL SHRUBS
Spirea x bumalda/ Bumald
Spirea 1,2,3 6b to 8a Fine Mounded 2-3 ft Fast Deciduous Sun/Semi-
Shade
Spirea nipponica/
'Snowmound' 1,2,3 6b to 8a Fine Mounded 3-5 ft Fast Deciduous Sun/Semi-
Shade
Spirea thunbergii/ Thunberg
Spirea 1,2,3 6b to 8 Fine Irregular 3-4 ft Medium Deciduous Sun
Source: NC Cooperative Extension Publication AG 508-3 Drought Tolerant Plants for North Carolina.
350
1
400 Clarice Avenue
Suite 130
Charlotte, NC 28204
(800) 650-3925
(704) 933-5990
(704) 933-6160 fax
www.benchmarkplanning.com
MEMO
To: Person County Planning & Zoning Department
From: Benchmark Planning
Date: 5-25-2023
RE: Draft Person County Development Ordinance Summary
Below is a summary of each section of the draft Development Ordinance, the origin of previous
regulations, and a brief summary of changes.
ARTICLE 1: PURPOSE & AUTHORITY
Development
Ordinance
Section #
Topic Previous Ordinance
Title
Previous
Ordinance
Section
Number
Summary of Changes
1.1 Title Planning Ordinance
& Subdivision
Ordinance
Art. II &
Sec. 10
Ordinances combined into
single development ordinance
1.2 Purpose of
Development
Ordinance
Planning Ordinance
& Subdivision
Ordinance
Sec. 11 &
Sec. 13
Combined zoning and
subdivision purposes
1.3 Authority Planning Ordinance
& Subdivision
Ordinance
Sec. 10 &
Sec.11
Combined zoning and
subdivision purposes with
statutory references
1.4 Zoning Map Planning Ordinance Sec. 153-1 Zoning Map adopted by
reference
1.5 Applicability Planning Ordinance
& Subdivision
Ordinance
Art. V &
Sec. 14,
Sec. 60
Person County jurisdiction.
Bona fide farms exempt.
1.6 Abrogation &
Separability
Planning Ordinance Art. XV No change
1.7 Conformance with
Adopted Plans and
ROW Dedication
Subdivision
Ordinance
Sec. 12-1 New with statutory reference
and reference to Joint
Comprehensive Land Use Plan
and CTP
1.8 Vested Rights Planning Ordinance Sec. 150-1 Statutory references to
duration of approval.
džŚŝďŝƚ͗hK^ƵŵŵĂƌLJŽĨZĞǀŝƐŝŽŶƐDĞŵŽƌĂŶĚƵŵ
351
2
References to extended vested
rights and development
agreements.
1.9 Effective Date Planning Ordinance Art. XVI Date to be entered upon
approval. Repeal and
replacement of previous
ordinances.
ARTICLE 2: ADMINISTRATION & ENFORCEMENT
Development
Ordinance
Section #
Topic Previous Ordinance
Title
Previous
Ordinance
Section
Number
Summary of Changes
2.1 Purpose n/a n/a Sets forth purpose of Article 2.
2.2 Administrator &
Administrative Staff
Planning Ordinance Sec. 140 Statutory references to
establishment, conflict of
interest, and duties. Appointed
by County Manager.
2.3 Technical Review
Committee
n/a n/a Established to assist
administrator with more
complex reviews and to
coordinate review to assist
applicant.
2.4 Planning Board 1967 Ordinance n/a Re-established with statutory
references, duties, conflict of
interest.
2.5 Board of Adjustment n/a n/a Re-established with statutory
references, duties, conflict of
interest.
2.6 County Board of
Commissioners
n/a n/a Establishes duties as it relates
to Development Ordinance.
Statutory reference to conflict
of interest
2.7 Enforcement Planning Ordinance
& Subdivision
Ordinance
Sec. 142 &
Sec. 77
Statutory updates for violations
enforcement procedures.
ARTICLE 3: DEFINITIONS
Development
Ordinance
Section #
Topic Previous Ordinance
Title
Previous
Ordinance
Section
Number
Summary of Changes
3.1 Purpose n/a n/a Explains purpose of Definitions
Article
3.2 Interpretation Planning Ordinance,
Subdivision
Ordinance, et. al.
n/a Consolidates the interpretation
sections of all previous
ordinances.
3.3 Acronyms &
Abbreviations
n/a n/a Provides meaning of common
acronyms and abbreviations
used throughout ordinance
352
3
3.4-3.11 General, Airport,
Watershed, Flood,
Sexually Oriented
Business, Wireless
Telecommunications,
and Sign Definitions
Planning Ordinance,
Subdivision
Ordinance, et. al.
n/a Consolidates all general
definitions with common
meaning from all previous
ordinances. Includes definitions
for terms and uses that have
been added. Provides
individual sections for
definitions that are specific to
an overlay, land use, or
structure type.
ARTICLE 4: REVIEW & APPROVAL PROCEDURES
Development
Ordinance
Section #
Topic Previous Ordinance
Title
Previous
Ordinance
Section
Number
Summary of Changes
4.1 Purpose,
Applicability, &
General Provisions
n/a n/a Section Heading
4.1.1 Purpose n/a n/a Sets forth purpose of Article 4.
4.1.2 Applicability n/a n/a Establishes applicability of
administrative, quasi-judicial,
and legislative review
processes.
4.1.3 Decision Types n/a n/a Explains administrative, quasi-
judicial, and legislative
proceedings with statutory
references.
4.1.4 General Provisions Planning Ordinance Sec. 150 Rearranged and provided
section titles: Applications,
Effect of Approval, & Effect of
Disapproval.
4.2 Administrative
Zoning Permit
Procedures
n/a n/a Section Heading
4.2.1 General Provisions
for Zoning Permits
Planning Ordinance Sec. 141-
1, Sec.
152-1
Added exceptions for Zoning
Permits. Watershed
requirements incorporated into
process by reference.
4.2.2 Right of Appeal Planning Ordinance 150-3 Reference to appeals
procedures.
4.2.3 Certificate of
Compliance
Planning Ordinance Sec. 141-2 Renamed from Permit of
Occupancy/Compliance.
4.2.4 Zoning Permit
Procedures for SFR,
TFR, and Accessory
Structures
Planning Ordinance Sec. 141-2 Added flow chart and step-by-
step procedures for single-
family, two-family, and
accessory structures with plot
plan.
4.2.5 Zoning Permit
Procedures for MFR
Planning Ordinance Sec. 80,
Sec. 81
Added flow chart and step-by-
step procedures for multi-
353
4
and Non-residential
Development
family residential and non-
residential sites.
4.2.6 Zoning Permit
Procedures for Signs
n/a n/a Added flow chart and step-by-
step procedures for sign
permits referencing Article 7
requirements.
4.2.7 Performance
Guarantees for
Zoning Permits
Planning Ordinance Sec. 141-2 Moved performance
guarantees for zoning approvals
to separate section.
4.3 Subdivision
Procedures
n/a n/a Section Heading
4.3.1 Subdivisions Defined Subdivision
Ordinance
Sec. 16-1 Updated exemptions to match
statutory definition and
included additional exemptions
already listed in Subdivision
Ordinance.
4.3.2 Subdivision
Exemption
Subdivision
Ordinance
16-2 Changed term from exception
to exemption to more
accurately reflect that the
defined divisions are exempt
from subdivision regulation.
4.3.3 Minor Subdivision
Defined
n/a n/a Simplified subdivision types and
thresholds. Family subdivisions
have been removed, and all
divisions of 5 lots or less are
defined as a minor subdivision
and may use a private road.
4.3.4 Major Subdivision
Defined
n/a n/a Major subdivisions include all
divisions of more than 5 lots
with public road.
4.3.5 Minor Subdivision
Procedures
Subdivision
Ordinance
Sec. 21 Added flow chart and step-by-
step procedures for minor
subdivisions. Need to
determine if Voluntary
Agriculture District statement
will be included on plats.
4.3.6 Major Subdivision
Procedures
Subdivision
Ordinance
Sec. 30 Added flow chart and step-by-
step procedures for major
subdivisions. Separated process
into three phases: Preliminary,
Construction, Final. Concept
Plan changed to Preliminary
Plat for terminology more
consistent with other
jurisdictions. Voluntary
Agriculture District to be
included on plats.
4.3.7 Resubdivision
Procedures
Subdivision
Ordinance
Sec. 40 No changes
354
5
4.3.8 Modifications &
Variations
Subdivision
Ordinance
Sec. 70-71 Clarifies approval authority as
Board of Commissioners acting
as a Board of Adjustment, with
recommendation from Planning
Board.
4.3.9 Disclosure of
Subdivision Road
Status
Subdivision
Ordinance
Sec. 50 Private roads only allowed for
minor subdivisions of 5 lots or
less. Standards to be in Section
6.6.
4.3.10 Filing of Plats Subdivision
Ordinance
Sec. 73 No changes. Previous
Subdivision Ordinance adoption
date referenced.
4.3.10 Appeals Subdivision
Ordinance
Sec. 78 References appeal procedures.
4.4 Quasi-judicial
Procedures
n/a n/a Section Heading
4.4.1 General Procedures n/a n/a Added flow chart and step-by-
step procedures for all quasi-
judicial requests in accordance
with statutes. Board of
Commissioners acts as a Board
of Adjustment for Special Use
Permits. Plan submittal
requirements added to Step 2.
Public Notice to follow statutes
in Step 4.
4.4.2 Appeal Provisions Planning Ordinance Sec. 159 Added statutory provisions
regarding appeals.
4.4.3 Variance Provisions Planning Ordinance Sec. 157 Added statutory provisions
regarding variances and
matched findings to statutes.
Referenced Watershed
Variances in Section 6.2 & 6.3.
4.4.4 Special Use Permit
Provisions
Planning Ordinance Sec. 155 Added statutory provisions
regarding variances. Board of
Commissioners acts as a Board
of Adjustment.
4.5 Legislative
Procedures
n/a n/a Category Heading
4.5.1 General Procedures Planning Ordinance Sec. 153 Added flow chart and step-by-
step procedures for all
legislative requests in
accordance with statutes (will
fix flow chart arrows later).
Planning Board holds
advisory/courtesy hearing to
provide recommendation to
Board of Commissioners
355
6
4.5.2 Ordinance Text
Amendment
Provisions
Planning Ordinance Sec. 153 Reference legislative review
process and adoption by
ordinance.
4.5.3 Zoning Map
Amendment
Provisions
Planning Ordinance Sec. 153 Reference legislative review
process, Conditional Districts,
and updating the Zoning Map.
4.5.4 Conditional District
Provisions
Planning Ordinance Sec. 154 Statutory references for
Conditional Districts.
4.5.5 Vested Rights
Provisions
Planning Ordinance Sec. 158 Reference legislative review
process and statutory
references.
4.5.6 Development
Agreements
Planning Ordinance Sec. 156 Reference legislative review
process and statutory
references.
ARTICLE 5: ZONING DISTRICTS AND USES
Development
Ordinance
Section #
Topic Previous Ordinance
Title
Previous
Ordinance
Section
Number
Summary of Changes
5.1 Purpose Statutory Reference n/a Statutory authority to divide
county into zoning districts
5.2 Interpretation of
District boundaries
Planning Ordinance Sec. 50 No changes
5.3 Base Zoning Districts Planning Ordinance Sec. 70 Intent of Rural Conservation
District revised to match
recommendations of adopted
Comprehensive Plan.
Neighborhood Business and
Highway Business districts
renamed to avoid confusion
with Roxboro districts.
5.4 Conditional Districts Planning Ordinance Sec. 70-2 No changes
5.5 Overlay Districts Planning Ordinance 70-1(E),
30-4
Watershed Protection Overlay
consolidated.
5.5.1 Airport Overlay Planning Ordinance 90, 91 No changes
5.5.2 Watershed
Protection Overlay
Planning Ordinance 30-4 Incorporated all watersheds
into a watershed protection
overlay with different zones.
(Overlay development
standards are located in Article
6.)
5.6 Permitted Uses Planning Ordinance App. C Classified uses into categories.
Consolidated similar uses into
same designation. RC district
and GI district uses updated to
reflect recommendations of
adopted Comprehensive Plan.
Commercial uses in RC district
limited to major intersections.
356
7
Retail uses grouped based on
size. New manufactured home
parks not permitted.
5.7 Supplemental
Requirements for
Certain Uses
Planning Ordinance App. C
(notes)
Grouped supplemental
requirements by use categories.
5.7.1 Agricultural Uses Planning Ordinance Article 4 Added statutory references for
agriculture and bona fide farms.
5.7.2 Residential Uses n/a n/a Category heading
5.7.2.2 Accessory Structure,
Residential
Planning Ordinance Sec. 60-5,
60-6A, 60-
6B, 60-6C
Manufactured homes, trailers,
vehicles, shipping containers
cannot be used for storage. Up
to 2 RV/campers per acre can
be stored on lot, not to exceed
5.
5.7.2.2 Dwelling, Accessory Planning Ordinance 60-7 Accessory dwelling size limited
to 50 percent of principal
dwelling. Camper/RV can be
used for up to 90 days.
5.7.2.3 Dwelling, Accessory
(temporary
construction
camper/RV)
Planning Ordinance App. C
(note 7A)
Camper/RV can be used for up
to one year while principal
dwelling is under construction.
5.7.2.4 Dwelling, Accessory
(temporary hardship
manufactured home)
Planning Ordinance App. C
(note 4)
No change
5.7.2.5 Dwelling, Family
Care Home
Planning Ordinance App. B,
App. C
From NCGS 160D-906
5.7.2.6 Home Occupation Planning Ordinance App. C
(note 1)
No change
5.7.2.7 Manufactured
Home, Class A
Planning Ordinance App. C
(note 6)
Added HUD standards date
(1976).
5.7.2.8 Manufactured
Home, Class B
Planning Ordinance App. C
(note 3)
Added HUD standards date
(1976).
5.7.2.9 Residential
Development Sales
Office (temporary)
n/a n/a Temporary residential
development sales offices are
permitted
5.7.3 Civic, Government &
Institutional Uses
n/a n/a Section Heading
5.7.3.1 Accessory Structures
with Civic,
Government,
Institutional Principal
Use
Planning Ordinance Sec. 60-5,
60-6A, 60-
6B, 60-6C
Accessory structure standards
for use category added.
5.7.3.2 School Mobile Unit,
Temporary
n/a n/a Temporary school mobile units
are permitted for 5 years,
renewable for 5 years
5.7.4 Recreation &
Entertainment Uses
n/a n/a Section Heading
357
8
5.7.4.1 Accessory Structures
with Recreation &
Entertainment
Principal Use
Planning Ordinance Sec. 60-5,
60-6A, 60-
6B, 60-6C
Accessory structure standards
for use category added.
5.7.4.2 Campgrounds/RV
Park
Planning Ordinance 155-2 Added maximum length of stay
and internal drive standards.
5.7.4.3 Lodging (vacation
rental/whole-house
lodging
n/a n/a Reference to NCGS Chapter
42A. Regulations added.
5.7.4.4 Sexually Oriented
Businesses
Ordinance
Regulating Sexually
Oriented Businesses
in Person County
Whole
Ordinance
(minus
redundant
language)
Zoning/Special Use Permit
instead of license process.
5.7.5 Office & Service Uses n/a n/a Category heading
5.7.5.1 Office, Retail &
Service Uses in RC
District
n/a-Implements
recommendation of
Comprehensive Plan
n/a Uses in this category that are
listed as “Permitted” in the RC
district must be located within
1,000 feet of an intersection of
major/minor thoroughfares
5.7.5.2 Accessory Structures
with Office, Retail, &
Service Principal Use
Planning Ordinance Sec. 60-5,
60-6A, 60-
6B, 60-6C
Accessory structure standards
for use category added.
5.7.5.3 Construction Office
(temporary)
Planning Ordinance App. B,
App. C
Temporary construction offices
allowed during permitted
construction projects.
5.7.5.4 Itinerant Retail Uses n/a n/a Temporary vendors are
permitted for up to 120 days
per calendar year at a single
location.
5.7.5.5 Yard/Garage/Estate
Sales
n/a n/a Sale of household goods
permitted a site for not more
than 24 days in a calendar year.
5.7.6 Industrial,
Warehousing,
Transportation, &
Utility Uses
n/a n/a Section Heading
5.7.6.2 Accessory Structures
with Industrial,
Warehousing,
Transportation, &
Utility Principal Use
Planning Ordinance Sec. 60-5,
60-6A, 60-
6B, 60-6C
Accessory structure standards
for use category added.
5.7.6.2 Industrial, Heavy &
Light
Planning Ordinance App. C
(note 2)
Previous regulations provided
nothing more than a category,
prohibition of acetylene gas and
explosives and buffer
requirement. The industrial
additions section should not be
358
9
different than additions to
other uses. NAICS codes for
each category are now listed.
5.7.6.3 Junkyards and
Automobile
Graveyards
Ordinance
Regulating
Automobile
Graveyards and
Junkyards in Person
County
Whole
Ordinance
(minus
redundant
language)
Junkyards are more limited to
commercial districts, subject to
specific requirements.
5.7.6.4 Power/Utility
Systems, Solar
Energy
Person County Solar
Energy System
Ordinance
Whole
Ordinance
(minus
redundant
language)
No major changes
5.7.6.5 Water Dependent
Structure
Person-Caswell Lake
Authority
n/a Approval required on Hyco Lake
prior to Zoning Permit.
5.7.6.6 Wireless
Telecommunications
Towers, Support
Structures
n/a n/a Added for compliance with
NCGS Chapter 160D, Article 9,
Part 3. Permitted based on
height.
ARTICLE 6: DEVELOPMENT STANDARDS
Development
Ordinance
Section #
Topic Previous Ordinance
Title
Previous
Ordinance
Section
Number
Summary of Changes
6.1 General
Development
Standards
Subdivision Regs.
Planning Ordinance
Sec. 53
Sec. 73-2,
Sec. 80
Simplifies building group
review. Clarifies that one house
and accessory structures are
allowed on a lot (including an
accessory dwelling)
6.2 Density and
Dimensional
Standards
n/a n/a Category Heading
6.2.1 General
Development
Standards
Subdivision Regs. Sec. 53-4 Provided guidance on how to
measure sight distance,
structure heigh, setbacks, and
density with diagrams.
6.2.2 Density &
Dimensional Table
To implement
recommendations of the
Comprehensive Plan, at the
recommendation of the
Steering Committee, reduced
RC district to a density of 0.2
DUA (or 1 dwelling unit per 5
acres) for major subdivisions
and 0.5 DUA (or 1 dwelling per
2 acres) for minor subdivisions.
Adjusted lot size with water or
sewer to be 20,000sf. Adjusted
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lot size with water and sewer to
be 10,000sf and increased lot
width to 50ft.
6.2.3 Exceptions to
Dimensional
Standards
Planning Ordinance Sec. 72
notes
Added Health Department
requirement for setback from
Hyco & Mayo Lakes.
6.2.4 Conservation
Development
Planning Ordinance Sec. 74 Previously called cluster
development
Identification of conservation
areas added to the process.
6.2.5 Flexibility in
Administration
n/a n/a Permits the Administrator to
make minor 10% adjustments
to dimensional standards (not
overall density).
6.3 Environmental &
Open Space
Standards
n/a n/a Section Heading
6.3.1 Purpose &
Applicability
N/A N/A Describes intent of Section 6.3
6.3.2 Watershed Overlay
Standards
Planning Ordinance
(Watershed Ord.)
Sec. 30 No proposed changes to
standards (state law).
Conservation Development
referenced instead of Cluster.
Board of Adjustment acts as
Watershed Review Board.
6.3.3 Falls Watershed
Overlay Standards
Planning Ordinance
(Falls Stormwater
Ord.)
Sec. 31 No proposed changes to
standards (state law). Review
procedures integrated into
Development Review Process of
Article 4 – Review of Falls
Stormwater is supplement to
process. “Design Manual” refers
to NCDEQ Stormwater Design
Manual online. Same variance
procedures as other
watersheds-BOA as Watershed
Review Board.
6.3.4 Flood Damage
Prevention
Standards
Flood Damage
Prevention
Ordinance
All No proposed changes (state law
with local options). Floodplain
Development Permit
supplement to Article 4
development review process.
6.3.5 Open Space
Standards
Planning Ordinance Sec. 74-7,
Sec. 80-
2(D)
No open space required for
densities under 1 DUA. Pulled
from NC Model Conservation
Ordinance and NC Conservation
Subdivision Handbook. Open
space must be classified.
Options provided for open
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space ownership &
maintenance.
6.4 Landscaping &
Screening Standards
Planning Ordinance Sec. 72
(Buffers)
Applicable to new development
and expansion of 25% or more.
6 types of landscaping. 2 types
of buffer yards-non-industrial
and industrial. Planting
composition simplified. Street
yard landscaping (10ft). Trees
around large parking lots.
Building yard landscaping based
on building size. Screening of
waste receptacles and
mechanical equipment. One
tree for each front yard in
major subdivisions. Landscaping
installation and maintenance
standards with Plant List.
6.5 Parking & Access
Standards
Planning Ordinance Sec. 80-1
(B),
Sec. 81-
2.1 (11),
Sec. 110
Dimensions provided based on
aisle direction and angle. Min.
parking spaces, front and side
yard parking, driveways, & ADA
spaces must be paved –
everything else can be gravel.
Curb & gutter is required for
parking lots of more than 50
spaces. Min. number of parking
spaces based on use categories,
Max. number of spaces-125% of
min. Parking connectivity
required. Loading area and
driveway requirements added.
6.6 Infrastructure
Standards
n/a n/a Section Heading
6.6.1 Purpose &
Applicability
n/a n/a Applies to new development
and expansions of 25% or more
6.6.2 Conformance with
Comprehensive
Transportation Plan
General Statute
Reference
136-66.2 Reference to conformance with
Person-Roxboro CTP
6.6.3 Road Standards n/a n/a Section Heading
6.6.3.1 Designation of Roads
as Public or Private
Subdivision Regs. Sec. 50 Adjust threshold for public
roads to match minor
subdivision threshold. Private
roads allowed for minor
subdivisions up to 5 lots.
6.6.3.2 Minimum
Construction and
Design Standards for
Public Roads
Subdivision Regs. Sec. 51,
Sec. 52
NCDOT requirements adopted
by reference.
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12
6.6.3.2 Minimum
Construction and
Design Standards for
Private Roads
Minimum
Construction
Standards for Private
Roads Manual
All Private Road Standards
simplified-50 ft R-O-W, 20 feet
of paved or gravel surface.
6.6.7 Stormwater
Management
Standards
State Requirement
Reference
NCDOT
NCDEQ
Reference to NCDOT’s
Guidelines for Drainage Studies
and Hydraulic Design and
NCDEQ’s Stormwater Best
Management Practices, unless
otherwise specified in a
Watershed Protection Overlay.
6.6.8 Grading Standards State Requirement
Reference
NCDEQ General Grading Standards
added with reference to NCDEQ
Sedimentation and Erosion
Control.
6.6.9 Utility and Easement
Standards
Subdivision Regs. Sec. 56,
Sec. 57
Reference to City of Roxboro
utility extension standards for
developments proposing to use
public water and/or sewer.
6.6.10 Fire Protection
Standards
Planning Ordinance,
State Requirement
Reference
80-2 (F &
G), 81-2.1
(24)
Reference to NC Fire Code
6.6.11 Lighting Standards Planning Ordinance
Subdivision Regs.
80-2 (8),
81-2.1
(12)
56-5
Basic lighting standards
proposed to limit glare and light
trespass onto adjacent
properties.
6.6.12 Solid Waste
Collection
N/A N/A Provisions added for solid waste
collection location and
screening for non-residential
and multi-family residential
development.
ARTICLE 7: SIGN STANDARDS
Development
Ordinance
Section #
Topic Previous Ordinance
Title
Previous
Ordinance
Section
Number
Summary of Changes
7.1 Purpose &
Applicability
Planning Ordinance Sec. 120,
Sec. 121,
Sec. 122
Modifications to remove
regulation of content to comply
with Reid v. Town of Gilbert, AZ
US Supreme Court Case
7.2 General Provisions n/a n/a Section Heading
7.2.1 Sign Area Planning Ordinance Sec. 131 Provisions added for multiple
faced and three-dimensional
signs. Diagram provided.
7.2.2 Sign Height Planning Ordinance Sec. 131 Provision added to allow
decorative finials/spires to
extend up to 2 feet above sign
height. Diagram provided.
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13
7.2.3 Sign Setbacks
(in general)
n/a n/a Signs shall not be located in a
street right-of-way without an
encroachment or agreement
from NCDOT or in accordance
with NCGS 136-32.
7.2.4 Sign Illumination
(in general)
Planning Ordinance Sec. 130,
Sec. 132
Sign illumination next to
residential uses limited.
7.2.5 Removal of Signs
Authorized
n/a n/a Administrator or designee may
remove signs from R-O-W or
public property .
7.2.6 Removal of
Discontinued Signs
n/a n/a Signs for business or
organizations that are no longer
located on the site shall be
removed.
7.2.7 Maintenance and
Upkeep of Signs
Planning Ordinance Sec. 133 Provision added to remove
signs that are structurally
unsafe.
7.2.8 Nonconforming Signs Planning Ordinance Sec. 134 Reference to Section 8.5 in
Nonconformities Article.
7.3 Temporary Signs Planning Ordinance Sec. 123 Section overhauled to comply
with Reid v. Town of Gilbert, AZ
US Supreme Court Case. Four
freestanding temporary sign
types. Two building mounted
temporary sign types.
7.4 Permanent On-
Premise Signs
n/a n/a Section Heading. Compliance
with City of Austin V. Reagan
National Advertising verified.
7.4.1 Building Signs Planning Ordinance Sec. 124 Varied sign requirements
depending on zoning district
(increasing size with increase in
district intensity).
7.4.2 Freestanding Signs Planning Ordinance Sec. 124
Varied sign requirements
depending on zoning district
(increasing size with increase in
district intensity). Added
requirement for turf,
landscaped area, and
protection from vehicles.
Setback distance at least the
distance of sign height.
7.4.3 Comprehensive Sign
Plan
Planning Ordinance Sec. 124 Changed required Special Use
Permit to an option for larger
planned developments if design
variations are needed.
7.5 Off-Premise Outdoor
Advertising Signs
(Billboards)
Planning Ordinance Sec. 128 Side setback changed to height
of sign. Compliance with NCGS
160D-912, NCGS Chapter 136,
Article 11 and City of Austin V.
363
14
Reagan National Advertising
verified.
7.6 Off-Premise
Directional Signs
Planning Ordinance Sec. 129 Compliance with City of Austin
V. Reagan National Advertising
verified.
7.7 Prohibited Signs Planning Ordinance Sec. 132 List expanded to cover glare,
obstruction, placement on
public property and utilities
infrastructure, and obscene
signs. Roof signs, festooned
signs, and inflatable signs are
prohibited/limited to openings.
ARTICLE 8: NONCONFORMITIES
Development
Ordinance
Section #
Topic Previous Ordinance
Title
Previous
Ordinance
Section
Number
Summary of Changes
8.1 Purpose &
Applicability
Planning Ordinance Sec. 100,
Sec. 101-3
Sec. 102-1
No change
8.2 Nonconforming Lots Planning Ordinance Sec. 101 No change
8.3 Nonconforming Uses
& Structures
Planning Ordinance Sec. 101 Land use classifications replace
districts to determined
intensity.
8.4 Nonconforming
Manufactured
Homes & Parks
Manufactured Home
Park Ordinance
n/a Nonconforming manufactured
homes on individual lots may
only be replaced with
conforming ones. Only existing
manufactured home parks may
be continued or expanded. No
new manufactured home parks
are permitted. Subdivisions
with manufactured homes on
individual lots are permitted in
accordance with permitted uses
table.
8.4 Nonconforming
Development Sites
n/a n/a Provides a 25% expansion
threshold to bring parking
landscaping, and infrastructure
into compliance to the greatest
extent possible given site
constraints.
8.5 Nonconforming Signs Planning Ordinance Sec. 134 Discontinued nonconforming
signs must be removed within
180 days. Nonconforming
temporary signs must be
removed within 60 days of
ordinance adoption.
364
AN ORDINANCE FOR PERSON COUNTY OFFICIAL TEXT
AMENDMENT APPLICATION TA-01-24 TO ADOPT
THE PERSON COUNTY UNIFIED DEVELOPMENT ORDINANCE
WHEREAS, in 2021, Person County adopted the Person County & City of Roxboro Joint
Comprehensive Land Use Plan in keeping with North Carolina General Statutes (NCGS) § 160D-
501 to provide long-range planning goals and guiding principles for the purpose of promoting
economic development and supporting property rights that preserve the overall quality-of-life of
the community; and
WHEREAS, in 2022, and permissible by NCGS § 160D-103, Person County Person
County began the Text Amendment (TA-01-24) Application process for the Person County
Unified Development Ordinance (hereafter the “Unified Development Ordinance”)to provide land
development regulations, zoning laws, property rights, and efficient development review
procedures that are consistent and compatible with the adopted Person County & City of Roxboro
Joint Comprehensive Land Use Plan; and
WHEREAS, the Unified Development Ordinance included a public review process to
achieve community consensus with review from the Unified Development Ordinance Steering
Committee, represented by members of the community, and review and approval by the Person
County Planning Board; and
WHEREAS, Person County has existing ordinances for achieving land development
regulations and zoning laws and the Unified Development Ordinance repeals, replaces, and
consolidates the existing ordinances into one unified document divided into articles that addresses
Purpose & Authority, Administration & Code Enforcement, Review & Approval Procedures,
Zoning Districts & Uses, Site Development Standards, Sign Standards, a Permitted Use Table,
Definitions, and a Recommended Plant List; and
WHEREAS, the Person County Board of Commissioners, voted _____ to adopt Text
Amendment TA-01-24 that amends and places the Person County Planning Ordinance,
Subdivision Regulations of Person County, Minimum Construction Standards for Private Roads
in Person County, Falls Watershed Stormwater Ordinance for New Development, Zoning
Ordinance to Limit Height of Objects Around Person County Airport, Mobile Home Park
Ordinance of Person County, Ordinance Regulating Sexually Oriented Businesses in Person
County, Ordinance Regulating Automobile Graveyards and Junkyards in Person County, Person
County Solar Energy System Ordinance, and Flood Damage Prevention Ordinance of Person
County, NC into the Person County Unified Development Ordinance; and
WHEREAS, the Person County Board of Commissioners of the State of North Carolina,
finds that the proposed Text Amendment (TA-01-24) Application is reasonable and is in the
public’s interest that is consistent with the adopted Guiding Principles listed in the Person County
& City of Roxboro Joint Comprehensive Land Use Plan.
([KLELW& 'UDIW8'2$GRSWLRQ2UGLQDQFH7$
NOW THEREFORE, BE IT ORDAINED BY THE PERSON COUNTY BOARD OF
COMMISSIONERS, THE FOLLOWING:
365
Section 1. Applicability.The Person County Planning Ordinance, Subdivision
Regulations of Person County, Minimum Construction Standards for Private Roads in
Person County, Falls Watershed Stormwater Ordinance for New Development, Zoning Ordinance
to Limit Height of Objects Around Person County Airport, Mobile Home Park Ordinance
of Person County, Ordinance Regulating Sexually Oriented Businesses in Person County,
Ordinance Regulating Automobile Graveyards and Junkyards in Person County, Person County
Solar Energy System Ordinance, and Flood Damage Prevention Ordinance of Person County,
NC, are hereby amended, repealed, and replaced by “Exhibit A: Person County Unified
Development Ordinance”of Text Amendment Application TA-01-24.
Section 2. Conflicts and Severability.All provisions of any County Ordinance
or Resolution that are in conflict with this Ordinance are hereby repealed.
Section 3. Effective Date.This Ordinance shall become immediately effective
upon adoption. The foregoing Ordinance, having been submitted to a vote, and received the
following vote, was duly adopted this ________ day of _______________, 2024.
Gordon Powell, Chairman
Person County Board of Commissioners
Attest:
[SEAL] Michele Solomon
Clerk to the Board of Commissioners
366
Person CountyUnified Development Ordinance (UDO)OVERVIEW OF LAND DEVELOPMENT REGULATIONS367
UDO Amendments – SummaryGeneral Intent of the UDOTo bring land use ordinances together into one document that is more user-friendly & understandable.To make the permitting process more predictable, efficient, & easier to issue permits.To bring land use regulations into compliance with state & federal laws for uses to be legally permissible &physically feasible.To protect existing development rights & encourage economic investment into Person County.368
UDO Amendments – PurposeIn 2022, Benchmark Planning (Benchmark) wascontracted to create a Unified Development Ordinance(UDO).Implements the 2021 adopted Comprehensive Plan(Comprehensive Plan) recommendations & guidingprinciples.Updates & amends the Person County land developmentregulations to be compliant with current state & federallaws.Consolidates 10 ordinances into 1 unified document.1.Planning Ordinance2.Subdivision Regulations3.Minimum Construction Standards for Private Roads4.Falls Watershed Stormwater Ordinance for New Development5.Limit Height of Objects Around Person County Airport6.Mobile Home Park Ordinance7.Ordinance Regulating Sexually Oriented Businesses8.Ordinance Regulating Automobile Graveyards & Junkyards9.Solar Energy System Ordinance10.Flood Damage Prevention Ordinance369
UDO Amendments – Document PreparationBenchmark provided the attached summary memorandum of changes (Exhibit B).Benchmark established a Steering Committee represented by theBoard of Commissioners, Planning Board, EconomicDevelopment Commission, citizens, & development communitythat reviewed each section & provided input directly toBenchmark.Planning Board & County Attorney reviewed the UDO & their comments were added.Public participation available since August2023 (website & hard copies in public buildings).Upon UDO adoption, the final draft will be accessible on the Planning Department’s website for public use.Recommend to amend it every 5 years for General Statutes, development patterns, & economic development goals.370
UDO Amendments – Summary of ArticlesArticle 1 – Purpose & AuthorityEstablishes the preambles of the document.Purpose of UDO & establishing legal authority ofthe document.Establishes the Official Zoning Map & maintenanceof it.Application of the document, validity ofregulations, & separability of UDO over formerregulations.UDO conformity with the Comp Plan.Rights-of-way dedication provisions.Vested rights, development approvals, &development agreements.Repeal, adoption, & Effective Date of UDO.Lists the 10 currently adopted Person Countyordinances being repealed, replaced, &consolidated by the UDO.371
UDO Amendments – Summary of ArticlesArticle 1 – Purpose & AuthorityThe UDO doesn’t amend the Official Zoning Map, change zoning for a property, or alter developmentrights.The UDO doesn’t amend the Comprehensive Plan or the Future Land Use Map.Ordinance language for the Falls Lake Watershed, Flood Damage Prevention, Solar Energy Systems, AirportHeight Limitations, & Adult Entertainment is kept in tact, with recommended clarifications from thePlanning Board.372
UDO Amendments – Summary of ArticlesArticle 2 – Administration & Code EnforcementDefines staff’s roles.Allows for a Technical Review Committee (TRC), when applicable.Defines boards & their roles in the development review process.Provides for code enforcement procedures.373
UDO Amendments – Summary of ArticlesArticle 3 – Review & Approval ProceduresDefines approval types – Administrative, Quasi-Judicial, & Legislative.Provides Zoning Permit & appeal procedures.Provides for development review procedures forland use types with criteria – residential & non-residential.Lists County’s Subdivision Regulations.Provides templates meeting NCGS 47-30 for plats.Provides flow charts with steps to follow.Addresses preliminary plats, final plats,construction plans, bonding, & improvementinstallation process.Includes quasi-judicial & appeal procedures.374
UDO Amendments – Summary of ArticlesArticle 4 – Zoning Districts & UsesIs the County’s Zoning Ordinance.Defines zoning districts, conditional districts, &overlay districts.Defines non-conforming uses.Defines watershed protection overlay districts.Includes Supplemental Regulations.Bona Fide Farms, Accessory Structures, AccessoryDwelling Units (ADUs), Campgrounds/RV Parks,Home Occupations, Manufactured Homes,Manufactured Home Parks, Non-Residential Uses,Short-Term Rentals, Adult-Oriented Businesses,Itinerant Merchants, Yard Sales, Industrial Uses,Commercial Salvage Yards, Solar Energy Systems,BatteryEnergyStorageSystems,Telecommunication Facilities, etc.375
UDO Amendments – Summary of ArticlesArticle 5 – Site Development StandardsProvides site design standards & graphics asexamples.Defines lot types, dimensions, density, & intensitycriteria.Includes lot patterns, cluster development, &conservation areas.Lists environmental & open space standards, aswell as watershed overlay protections.Includes floodplain protection standards approvedby FEMA.Includes landscaping, screening standards,bufferyards.Provides parking ratios, parking lot design, &access management standards, roadway designstandards, easement standards, utilities, fireprotection, site lighting standards, & solid wastecollection.Addresses legal non-conformities in non-conforming lots & non-conforming uses/structures(non-conforming signs is included in SignStandards).376
UDO Amendments – Summary of ArticlesArticle 6 – Sign StandardsIs the County’s Sign Ordinance/Sign Code.Defines signage terms & graphically represents them.Distinguishes between permanent & temporary signs.Addresses sign permitting, sign maintenance, discontinued signs, & legally non-conforming signs.Includes off-premise directional signs.Addresses prohibited signs, including billboards, unless expressly permitted through other agenciesdefined in the General Statutes.377
UDO Amendments – Summary of ArticlesAppendicesAppendix A – is the Permitted Use Table, moved to be standalone for amendment purposes.Appendix B – are the Definitions, which is a consolidation of definitions from the 10 existing ordinances,additions to support the Permitted Use Table, & make the UDO more user-friendly.Appendix C – is the Recommended Plant List, listing species type & planting criteria, as a recommendationonly.378
UDO Amendments – Summary of ArticlesExisting Ordinance Standards Relocation SummaryPlanning Ordinance – various articlesSubdivision Ordinance – Articles 3 & 5Minimum Construction Standards for Private Roads – Article 5, Site Development StandardsFalls Watershed Stormwater Ordinance for New Development – Articles 4 & 5Limit Height of Objects Around Person County Airport – Article 4, Zoning Districts & UsesMobile Home Park Ordinance – Article 4, Zoning Districts & UsesOrdinance Regulating Sexually Oriented Businesses – Article 4, Zoning Districts & UsesOrdinance Regulating Automobile Graveyards & Junkyards – Article 4, Zoning Districts & UsesSolar Energy System Ordinance – Article 4, Zoning Districts & UsesFlood Damage Prevention Ordinance – Article 5, Site Development Standards379
UDO Amendments – Questions?Thank You380
AGENDA ABSTRACT
Meeting Date: September 16, 2024
Agenda Title: Animal Services Ordinance Revision
Summary of Information: The Person County Animal Services Ordinance has been updated and
revised to reflect the title change from Animal Services Officer to Deputy Animal Control, and also
to include the Person County Sheriffs Office. (See attached recommended changes)
Recommended Action: Discuss and approve recommended changes.
Submitted By: Kelli Lewis, Person County Animal Services Director
381
1
PERSON COUNTY ANIMAL SERVICES ORDINANCE
The Person County Board of Commissioners is authorized under the provisions of G.S. 153A-121,
153A-153 and 153A-442 to adopt ordinances.
SECTION 1: DEFINITIONS
As used in this ordinance the following terms mean:
A.Deputy-Animal ControlAnimal Services Officer: A county employee designated as
Person County Sheriff’s Office Deputy-Animal ControlAnimal Services Officer, Person
County Animal ServicesSheriff’s Office official or other designations that may be used
whose responsibility includes Person County Animal ServicesControl.
B.Owner: Any person, group of persons, firm, partnership or corporation owning,
keeping, having charge of, sheltering, feeding, harboring or taking care of any animal.
The owner is responsible for the care, actions, and behavior of his/her animals.
C.Kennel, Dealer, Breeder, or Pet Shop: Any person, group of persons, partnership, or
corporation engaged in buying, selling, breeding or boarding pet animals.
D.At Large: Any animal shall be deemed at large when it is off the property of its owner
and not under control of a competent person.
E.Restraint: An animal is under restraint within the meaning of this ordinance if it is
controlled by means of a chain, leash or other like device; or, is secured within a vehicle
being driven or parked; or, is within a secure enclosure.
F.Spayed Female: Any female which has been operated upon to prevent conception.
G.Neutered Male: Any male which has been operated upon to prevent reproduction.
H.Animal Shelter: Any premises designated by the County for the purpose of
impounding and caring for animals found running at large or otherwise subject to
impoundment in accordance with the provisions of this ordinance.
I.Exposed to Rabies: An animal has been exposed to rabies within the meaning of this
ordinance, if it has been bitten by, or been exposed to any animal known or suspected to
have been infected with rabies.
J.Potentially Dangerous Dog: A dog that:
1.Inflicted a bite on a person either upon public or private real property
2.Killed or inflicted severe injury upon a domestic animal or livestock when not
on the owner’s real property.
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2
3.Approached a person when not on the owner’s property in a vicious or
terrorizing manner, or an apparent attitude of attack.
K.Dangerous Dog: A dog that:
1. Without provocation has killed or inflicted severe injury on a person; or animal.
2. Is declared vicious by the Director of Person County Animal Services pursuant to
N.C.G.S. 130A-200.
3. Is determined by the Director of Person County Animal Services to be dangerous
and, after this determination, engages in one or more of the behaviors listed in
subsection J of this section.
L.Stray Dog or Cat: Any dog or cat, within the County wandering at large or lost, or any
dog or cat that does not have an owner, or any dog or cat, within the County, whose
owner fails to list animal for license purposes, or fails to have said dog or cat vaccinated
against rabies by a veterinarian or certified rabies vaccinator, or any dog or cat not
wearing a collar and/or evidence of an owner (e.g. current rabies tag.)
M.Acts Deemed Public Nuisance: An act of public nuisance is defined as any animal that
repeatedly chases, snaps at, or attacks pedestrians, bicyclists or vehicles and also
includes animals that turn over garbage pails, or damages gardens, flowers or
vegetables. Public nuisance includes the owner permitting a female animal to run at
large during the estrous stage of reproduction.
N.Rabies Vaccination: the administration of rabies vaccine by a licensed veterinarian or
by a certified rabies vaccinator. Rabies vaccines given by a certified rabies vaccinator
are only valid for one year. Rabies vaccines given by a veterinarian are valid for one
year to three years as determined by State Law.
O.Animal: refers primarily to domestic cats and dogs unless provided for by state law.
Domestic livestock is part of the jurisdiction of Person County Animal Services as set
out by state law. Ferrets are included for the purpose of rabies vaccines.
P.Proof of Ownership: Can include but is not limited to veterinary records, photos,
registration papers, bill of sale, microchip or adoption contract.
SECTION 2: DUTIES OF PERSON COUNTY ANIMAL SERVICES
DEPARTMENTSERVICES DEPARTMENT AND SHERIFF’S OFFICE DEPUTY-ANIMAL
CONTROL:
The State laws regarding the care of animals will be enforced by the Person County Animal Services
DepartmentSheriff’s Office.
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3
The Person County Animal Services DepartmentSheriff’s Office shall be further charged with the
responsibility of:
A. Enforcing all State or County laws, ordinances and resolutions relating to dogs and cats,
and the care, custody and control of animals.
B.Aiding the Health Director to insure public safety and assisting in the enforcement of
the laws of the State of North Carolina with regard to animals and especially with
regard to vaccination of animals against rabies and the confinement or leashing of
dangerous and potentially dangerous animals.
C. Investigating animal cruelty, neglect or abuse.
D. Making such canvasses of the county, including the homes in the county, as it deems
necessary for the purpose of ascertaining that all dogs, cats and ferrets are vaccinated
against rabies.
E. Operating, pursuant to policies of the Board of County Commissioners;
F.Maintaining a reference file of rabies vaccination in accordance with the provisions of
this ordinance and the policies of the Board of County Commissioners.
SECTION 3: DOGS, CATS AND FERRETS MUST WEAR COLLAR AND RABIES TAG
A. It shall be unlawful for any dog, cat or ferret owner to fail to comply with the State laws
relating to the control of rabies. It shall be unlawful for any dog, cat or ferret owner to fail
to provide any dog, cat or ferret he or she owns with a suitable collar or harness for the
wearing of the rabies tag to be issued upon vaccination.
B.The rabies tag is to be worn by said dog or cat at all times except as otherwise provided by
State Law. Exceptions include but are not limited to performing at shows, obedience trials,
tracking tests, field trials, training schools or other events sanctioned and supervised by a
recognized organization and a hunting dog owned by a person who has a valid license to
hunt in Person County or in the State of North Carolina and the dog is engaged on a hunt or
training for a hunt and the dog has been vaccinated against rabies. Proof of rabies must be
presented upon request of the Person County Animal Services OfficerSheriff’s Office
Deputy-Animal Control as required by the NC G.S. 130A-192.
C. Unless proof of rabies vaccination is available, it shall be the duty of the Person County
Animal Services staff to insure that any redeemed animal over the age of four months is
vaccinated against rabies at the owner’s expense before release and that a record be
maintained of the vaccination.
D. A dog, cat or ferret is subject to impoundment in accordance with the provisions of this
ordinance if it is not wearing a current rabies tag or if the owner cannot furnish evidence of
vaccination.
E. It shall be unlawful for any person to use for any animal a rabies vaccination tag not issued
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for that animal.
F.It is recommended that animals be micro-chipped in the event that the collar and tags are
lost for identification purposes.
G. It is the purpose of this ordinance to supplement the State law by providing a procedure for
the enforcement of State laws relating to rabies control.
SECTION 4: POSSESSION OF DOGS OR CATS
It shall be unlawful for any person knowingly to harbor, feed, or keep in his or her possession, by
confinement or otherwise, any dog or cat that does not belong to him or her unless he or she has:
A. The consent of the owner or custodian of the dog or cat.
B.If a dog or cat is not wearing tags, or other mode of identification indicating its owner, and
is delivered to an animal shelter by;
1. A person who has found and captured the dog or cat.
2. By an approved rescue organization that received the dog or cat from a person
who found and captured the dog or cat.
3. The Person County Animal Services may, in writing, appoint the finder or
approved rescue organization to be the agent of the Person County Animal
Services.
4. For purposes of this subsection, the term “approved rescue organization” means
a nonprofit corporation or association that cares for stray animals that has been
favorably assessed by the Director of Person County Animal Services through
the application of written standards.
a. The finder or approved rescue organization shall hold the dog or cat for
the 72-hour holding period.
b. After the expiration of the applicable holding period, the shelter may:
1) Transfer the dog or cat to the person or organization that has held
it as agent.
2) Extend the period of time the finder or rescue organization holds
the dog or cat as agent of the shelter.
c. The privilege to act as an agent for the shelter may be revoked during the
holding period at any time by directing the finder or rescue organization
to deliver the animal to the shelter.
d. The city, county, or organization operating the animal shelter, as
principal in the agency relationship, shall not be liable to reimburse the
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agent for the costs of care of the animal and shall not be liable to the
owner of the animal for harm to the animal caused by the agent.
e. During the 72-hour or longer holding period established, an animal
shelter may place an animal it is holding in foster care.
f. If the Person County Animal Services transfers physical possession of an
animal under subsections of this section, a photograph which depicts the
head and face of the animal shall be displayed at the shelter in a
conspicuous location that is available to the general public during hours
of operation. This will remain posted for the 72-hour or longer holding
period.
Comments: Humane traps may be obtained from Person County Animal Services on a first come first
serve basis for domestic dogs or cats only. There will be a deposit fee as established in the Adopted Fee
Schedule.
SECTION 5: POSSESSION OF LIVESTOCK/POULTRY/DOMESTIC FOWL
The Person County Animal Services DepartmentSheriff’s Office Deputy-Animal Control shall enforce
the applicable State Laws in reference to the care and possession of livestock, poultry and domestic
fowls.
SECTION 6: POST RABIES EXPOSURE MANAGEMENT
A. The Person County Animal Services Department shall enforce the applicable state laws
related to post rabies exposure management. As of October 1, 2017, The General
Assembly enacted General Statute 130A-197 which reads as rewritten:
§ 130A-197. Management of dogs, cats, and ferrets exposed to rabies.
When the local health director reasonably suspects that an animal required to be vaccinated
under this Part has been exposed to the saliva or nervous tissue of a proven rabid animal or
animal reasonably suspected of having rabies that is not available for laboratory diagnosis,
the animal shall be considered to have been exposed to rabies. The recommendations and
guidelines for rabies post-exposure management specified by the National Association of
State Public Health Veterinarians in the most current edition of the Compendium of Animal
Rabies Prevention and Control shall be the required control measures.
B. The current compendium of animal rabies prevention and control can be found at the
National Association of Public Health Veterinarians website www.nasphv.org and posted at
the Animal Services Department offices.
SECTION 7: POTENTIALLY DANGEROUS OR DANGEROUS ANIMALS
The behaviors that can result in a dog being considered potentially dangerous or dangerous are listed in
the definitions.
A. The provisions of this Section do not apply to a dog being used by a law enforcement
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officer to carry out the law enforcement officer’s official duties. A working dog will be
handled in accordance with state law. A dog shall not be considered a dangerous dog under
this Article if the injury inflicted by the dog was sustained by a person who, at the time of
the injury, was committing a willful trespass or other tort, was tormenting, abusing, or
assaulting the dog, had been observed or reported to have tormented, abused, or assaulted
the dog, or was committing or attempting to commit a crime.
B.The Director of Person County Animal Services must notify the owner of a potentially
dangerous dog in writing giving the reasons for his or her determination that the animal is
dangerous under this Section. The owner may appeal the determination of the Person
County Animal Services Director by giving written notice of the appeal within five (5) days
of receiving this notification. Written notice of appeal should be sent to the Director of
Person County Animal Services. The dog will be considered potentially dangerous pending
the appeal. The appeal will be reviewed by the Person County Animal Services Advisory
Committee within two (2) weeks. The owner will be notified of the Committee’s decision
within ten (10) days. The committee’s decision can be appealed to Superior Court within
ten (10) days pursuant to NC G.S. 67-4.1 Chapter 10.
C. It is unlawful for an owner to:
1. Leave a dangerous dog unattended on the owner’s real property unless the dog is
confined indoors, in a securely enclosed and locked pen, or in another structure
designed to restrain the dog in accordance with General Statute 67-4.2.
2. Permit a dangerous dog to go beyond the owner’s real property unless the dog is
leashed and muzzled or is otherwise securely restrained and muzzled.
D. If the owner of a dangerous dog or a potentially dangerous dog transfers ownership or
possession of the dog to another person, the owner shall provide written notice to the
Director of Person County Animal Services, stating the name and address of the new owner
of the dog and to the person taking possession of the dog; specifying the dog’s dangerous
behavior and the Director of Person County Animal Services’ determination.
E. A dog that has been determined to be dangerous or potentially dangerous may be humanely
destroyed in the following instances:
1. If the Director of Person County Animal Services determines that a dog that was
previously determined to be dangerous or potentially dangerous either bit a
person so as to cause a break in the skin or was at large on two or more separate
occasions after such determination, the Director of Person County Animal
Services may seek a court order that the dog to be humanely destroyed.
2. If the Director of Person County Animal Services in determining that a dog is
dangerous or potentially dangerous also determines that the dog, without
provocation, has killed or inflicted severe injury on a person, animal, livestock,
or domestic fowl, the Director of Person County Animal Services may seek a
Court Order that the dog be humanely destroyed.
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F. A dog that has been determined to be dangerous or potentially dangerous may not be
released from the animal shelter except to original owner.
G. The owner or custodian of any dog that has been determined to be dangerous or potentially
dangerous, shall report immediately to the Person County Animal Services OfficerSheriff’s
Office if the dog gets loose or is otherwise unconfined or it attacks a person or another
animal.
H. A Person County Animal Services OfficerDeputy-Animal Control shall inspect the
premises where a dog determined to be dangerous is kept to insure it conforms to the
requirements of this ordinance.
I. If an animal is observed engaged in any of the acts identified as a public nuisance as
defined in the definition section of this ordinance, and an official complaint is filed and the
owner, if known, is notified the owner is required to keep said animal contained. Each day
said animal is not contained constitutes a separate violation of this ordinance, and the owner
shall be so charged with violation of this ordinance.
SECTION 8: NOISY DOGS
It shall be unlawful for the owner or custodian of any dog to allow it to bark, whine, howl, or make any
other noise for a protracted period so as to result in a serious annoyance or interference with the
reasonable use and enjoyment of neighboring premises.
SECTION 9: PUBLIC NUISANCE
It shall be unlawful for the owner or custodian to allow an owned animal to repeatedly chase, snap at,
or attack pedestrians or vehicles or to turn over garbage pails, damage garden flowers or vegetables, or
conduct itself to be a nuisance. It shall also be unlawful for the owner or custodian to permit a female
animal to run at large during the estrous stage of reproduction.
SECTION 10: INJURING ANIMALS, NOTICE REQUIRED
It shall be unlawful for any person to injure a domestic animal by running over, into, or coming into
contact with animal, by automobile, motorcycle, bicycle, or other vehicle and fail to notify
immediately, the owner of the animal or Emergency Communications for the appropriate response.
SECTION 11: CRUEL TREATMENT
It shall be unlawful for any person to tease, bait, molest, torture, deprive of necessary sustenance, or
cruelly beat, mutilate or kill, wound, injure, poison, abandon or subject to conditions detrimental to its
health or general welfare any animal or to cause or procure such action. The words “torture, or
cruelly” shall be held to include every act omission or neglect whereby unjustifiable physical pain,
suffering or death is caused or permitted; but such terms shall not be construed to prohibit lawful
shooting of birds, deer and other game for human food nor to prohibit the lawful trapping of game
pursuant to the provisions of the NC General Statues and the regulations of the Wildlife Resources
Commission; nor to prohibit the Person County Animal Services Department , Person County Sheriff’s
Office or their agents or veterinarians from destroying dangerous, unwanted or injured animals in a
humane manner.
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SECTION 12: MANNER OF KEEPING AND TREATING ANIMALS GENERALLY
In accordance with State Laws, any person must provide domesticated animals with adequate shelter,
proper food, adequate water and space in accordance with the standards set out in subsections A-C
below. In addition, the provisions of subsections D and E shall apply to dogs and cats and sick or
injured animals.
A. Adequate shelter means provision of and access to shelter that is suitable for the species,
age, condition, size, and type of each animal; provides adequate space for each animal; is
safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse
effects of heat or cold, physical suffering, and impairment of health; is properly lighted; is
properly cleaned; enables each animal to be clean and dry, except when detrimental to the
species; and for dogs and cats, provides a solid surface, resting platform, pad, floor mat, or
similar device that is large enough for the animal to lie on in a normal manner and can be
maintained in a sanitary manner. Under this chapter, shelters whose wire, grid, or slat
floors: (i) permit the animals feet to pass through the openings; (ii) sag under the animals’
weight; or (iii) otherwise do not protect the animals’ feet or toes from injury are not
adequate shelter.
B. Provide proper food and adequate water means provision of and access to clean, fresh
potable water of a drinkable temperature that is provided in a suitable manner, in sufficient
volume, and at suitable intervals appropriate for the weather and temperature, to maintain
normal hydration for the age, species, condition, size and type of each animal, except as
prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or
fasting normal for the species; and is provided in clean, durable receptacles that are
accessible to each animal and are placed so as to minimize contamination of the water by
excrement and pests or an alternative source of hydration consistent with generally accepted
husbandry practices.
C. Adequate space means sufficient space to allow each animal to: (i) easily stand, sit, lie, turn
about, and make all other animal body movements in a comfortable, normal position for the
animal; and (ii) interact safely with other animals in the enclosure. When an animal is
tethered “adequate space” means a tether that permits the above actions and is appropriate
to the age and size of the animal; is attached to the animal by a properly applied collar,
halter, or harness configured so as to protect the animal from injury and prevent the animal
or tether from becoming entangled with other objects or animals, or from extending over an
object or edge that could result in the strangulation or injury of the animal; and is at least
three times the length of the animal, as measured from the tip of its nose to the base of its
tail, except when the animal is being walked on a leash or is attached by a tether to a lead
line. When freedom of movement would endanger the animal, temporarily and
appropriately restricting movement of the animal according to professionally accepted
standards for the species is considered provision of adequate space.
D. Dogs and cats must not be in extended contact with wet surroundings.
E. Sick or injured animals:
1. Where an illness has affected the quality of life or is life threatening, the animal
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shall be taken to a licensed veterinarian and treatment administered or humanely
euthanized within a 24-hour period.
2. Diseased animals that are contagious to other animals or humans should be
quarantined in an area that can be properly disinfected. They shall be treated
until determined to no longer be contagious or humanely euthanized.
3. Diseased animals that are contagious to humans shall be reported to the state
veterinarian and treated as directed by the state and local veterinarians.
4. Animals infested with parasites shall be treated along with the environment as to
avoid re-infestation.
5. Injured animal with an open wound that exposes deeper tissue, fractured bones,
or persistent pain caused by soft tissue damage, should be treated by a
veterinarian, or humanely euthanized.
The provisions above are in accordance with State Laws for each type of animal under the jurisdiction
of Person County Animal Services. It is recommended that animals have adequate vaccination against
disease, according to the species of the animal. See Standard Operating Procedures Handbook.
Animals are required to be on the owner’s property and under control at all times. The City of
Roxboro requires animals to be on a leash or physically restrained.
SECTION 13: IMPOUNDING ANIMALS
Any animal which appears to be lost, stray or unwanted, or which is found not wearing a current valid
rabies vaccination tag as required by State law, shall be confined in the Animal Shelter in a humane
manner for a minimum of three (3) business days, for redemption by the owner and a maximum of 15
business days for adoption. Animals may be redeemed once it is established to the satisfaction of the
Person County Animal Services Director that it has been vaccinated against rabies. If the animal has
not been vaccinated against rabies, the animal will be vaccinated before release at the owner’s expense.
The owner will be given a date by which the vaccine must be given to any animal under four months.
(Refer to section on Rabies control.)
A.Sale or Destruction: If an impounded animal is not redeemed by the owner within three (3)
business days, it becomes the property of the county. As such, it may be offered for adoption,
placed with a rescue group or humanely euthanized by the Person County Animal Services
Department. Animals that are sick, injured, from a quarantine area, being held for legal reasons
or a danger to the public will not be available unless provided for elsewhere in this ordinance.
Animals may be humanely euthanized in order to comply with regulations governing space
requirements when there is insufficient space and that situation will be noted on the records.
B.Adoption: The animal can be adopted by any responsible adult who is willing to comply with
the Person County Animal Services Ordinance and the conditions of the adoption contract.
Identification will be required. The adoption fee must be paid at the time of adoption. The
spay/neuter is solely the responsibility of the adopter and must be completed within the time
frame stated in the contract. Adoption personnel have discretion to approve/deny adoption
requests.
C.Notifying Owner: Immediately upon impounding an animal, the Person County Animal
Services Department will make reasonable efforts to notify the owner, and inform such owner
of the conditions under which the animal may be reclaimed.
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D.Animal Rescue Organizations: It is the county’s policy to make animals available to
organizations in order to attempt to find homes for as many animals as possible, reduce
euthanasia rates and for all organizations that care for homeless animals to work together to
provide the greatest opportunity for adoption without prejudice towards organizations that are
forced to euthanize animals. It is further the County’s policy to foster a community cooperative
approach to reducing pet overpopulation with all shelters and rescue groups working together to
place all healthy, adoptable animals with families in their community. Animal protection and
rescue organizations that possess an IRS Code section 501 designation that meet the requirements
of the Rescue Group Procedures as defined in the Standard Operating Procedures Handbook shall
have the right to obtain possession of any animal in the possession of the County set out in this
ordinance except for animals which are rabid or suspected to be so, necessary for criminal or
civil judicial purposes, necessary for the disposition of law enforcement investigations, required
to be held or disposed of to protect the public health or safety of the citizens of the county or
ordered to be held or disposed of by a court of competent jurisdiction. In making animals
available to organization as provided for in this subsection, the County does not warrant the
physical condition or disposition of any animal. The organization obtaining animals hereunder
shall be responsible for any and all damages and injuries sustained by any person or animal on
account of such animals and shall hold the County harmless for any claims of damages and
injuries sustained by any person or animal on account of such animals.
(Refer to the Rescue Group Procedures for guidelines and information for animal rescue
organizations who want to take possession of an animal at the shelter.)
E.Intact Dogs and Cats: The Person County Animal Services Department shall require that at
the appropriate age all dogs and cats adopted from the Animal Shelter be spayed or neutered.
The owner must provide proof from the veterinarian that surgery has been completed.
F.Suspected Rabies: Animals impounded which have been bitten by a rabid animal or which the
Person County Animal Services Officer has reasonable grounds to suspect has been exposed to
a suspect rabid animal, or appear to be suffering from rabies shall not be redeemed or adopted,
but shall be dealt with as provided in Section 6 entitled “Post Rabies Exposure Management”
of this ordinance. Unvaccinated animal from a rabies quarantine area cannot be released.
Comments: When quarantine for County has been activated, no animals will be released from the
shelter, unless it has a current rabies vaccination.
G.Unwanted Animals: If an animal is officially surrendered by the owner to the Person County
Animal Services Department, it may be offered for adoption, placed with a rescue or humanely
euthanized without waiting three (3) days if the owner provides proof of ownership. If animal is
sick or injured, the animal will be euthanized humanely without a waiting period.
H.Diseased or Injured Animals: Any animal impounded which is badly wounded or diseased
(not a rabies suspect) and has no identification shall be humanely euthanized immediately. If
the animal has identification, the Person County Animal Services Department will attempt to
notify the owner before the animal is euthanized, but if the owner cannot be reached, and the
animal is suffering, the Person County Animal Services Department may euthanize the animal
at its discretion, in a humane manner.
I.Feral Animals: The Person County Animal Services Director is primarily responsible for
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public health including the employees of the Person County Animal Services Department. If it
is determined that there is a danger to people to hold an animal for three (3) days, the animal
may be humanely euthanized without a waiting period.
SECTION 14: RECLAIM AND ADOPTION PROCEDURE FOR IMPOUNDED ANIMALS
Every person must provide proof of rabies vaccination at the time of reclaim or the animal will be
vaccinated by a certified rabies vaccinator at the owner’s expense. If not four months of age at the time
of reclaim, owner must provide proof of rabies vaccination when animal reaches four months of age.
A. Reclaim Procedure
1. The owner shall be entitled to reclaim his or her animal, except as provided for in
this ordinance, upon compliance with the provisions of this ordinance and the
payment of shelter fees incurred. In addition to the reclaim fee, a holding fee per
day must be paid before animals may be reclaimed. A rabies vaccine shall be
administered at the shelter before the animal can be reclaimed unless the owner
provides proof of a current rabies vaccine. Owner will be charged for this rabies
vaccine in accordance with the Adopted Fee Schedule.
2. If the dog or cat is under four months of age, the owner will be given a proof of rabies
vaccination card at the time of the reclaim. This will include the date stating the time
limit allowed to have the dog or cat vaccinated for rabies. The owner must provide
proof of the rabies vaccine and submit a copy to Person County Animal Services. If
this is not returned to Person County Animal Services within the time limit, a Person
County Animal Services’ officer will be dispatched to retrieve the dog or cat and the
owner can be cited for violation of state law.the owner will be advised to get the
animal a rabies vaccination at the age-appropriate time.
B. Adoption Procedure
1. All animals will be vaccinated against rabies before leaving the shelter unless they
are under four months of age. Rabies vaccines that are given by a certified rabies
vaccinator are for one year only.
2. Adoption fee covers age appropriate vaccinations and will be paid at the time of
adoption.
3. The spay/neuter for all animals adopted from the shelter will be the sole
responsibility of the adopter. All animals adopted will have an allotted amount of
time to have that completed depending on age, and health of the animal.
4. Documentation from a veterinarian will be required for proof of spay/neuter
completion by the date listed in the adoption contract.
Comments: For a list of these fees, see the Adopted Fee Schedule.
SECTION 15: EXEMPTIONS
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Hospitals, clinics and other premises operated by licensed veterinarians for the care and treatment of
animals are exempt from the provisions of this ordinance except for the sections on cruel treatment and
the manner of keeping animals as per state law.
SECTION 16: INTERFERENCE
It shall be unlawful for any person to interfere with a member of the Person County Animal Services
Department, or Person County Animal Services OfficersSheriff’s Office Deputies or Veterinarians in
the performance of any duty authorized by this ordinance, or to seek to release any animal in the
custody of said agents.
SECTION 17: RECORDS
It shall be the duty of the Person County Animal Services Department to keep accurate and detailed
records of:
A. Impoundment and disposition of all animals coming into the Person County Animal
Services;
B. Bite cases, violations, and complaint investigations;
C. All monies belonging to County which were derived from impoundment fees, penalties and
adoption of animals;
D. All other records deemed necessary by the County Manager and/or State law.
SECTION 18: FEES
Fees shall be charged in accordance with the Fee Schedule adopted by the Person County Board of
Commissioners in the Budget Ordinance.
SECTION 19: PENALTIES
This ordinance may be enforced by any and all of the procedures set out below:
A.Under authority of NC G.S. 153A. 123 (b) violation of this ordinance is a misdemeanor
punishable by a fine and/or imprisonment for not more than thirty days.
B.The Animal Services OfficerDeputy-Animal Control may institute an action for injunctive
relief and an order of abatement as provided for in NC G.S. 153 A-123 (e) for any condition
found unlawful in this ordinance.
C. The Animal Services OfficerDeputy-Animal Control may also enforce this Ordinance by
issuing a Notice of Civil Penalty pursuant to NC GS 153A-123(c).
1.The Civil penalties provided for herein shall be as set forth in the Fee Schedule
adopted by the Person County Board of County Commissioners. Such Civil Penalties shall be in
addition to, and not in lieu of, the Criminal penalties and other remedies provided by this Ordinance or
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by State law. The animal services officerDeputy-Animal Control shall be authorized to issue a citation
to the person(s), violating this ordinance and shall give notice of the violation in the manner prescribed
below. Citations so issued may be delivered in person or mailed by registered or certified mail, return
receipt requested, to the person charged. The civil penalty or penalties set forth in the citation must be
paid within seventy-two (72) hours of the receipt of the citation and shall be paid to the Animal
Services Department. The Animal Services Department shall forward all such penalties collected to the
Finance Office for the County of Person for application as by law provided.
2.If the person charged fails to pay the civil penalty within seventy-two (72) hours from
the time the citation was issued an additional civil penalty as provided for in the Fee Schedule shall be
assessed.
3. Such civil penalties may be recovered by Person County in a civil action in the
nature of debt or may be collected in such other manner as prescribed herein.
4.Such notice shall, among other things:
a)State upon its face the amount of the penalty, and
b) Provide that such offender may answer the said notice by mailing said notice, and
paying the stated penalty to the Person County Animal Services Department at its
mailing address stated in the notice or by making payment to the Person County Animal
Services Department directly and that upon payment, such case or claim and right of
action by Person County will be deemed compromised and settled, and
c)State that such penalties must be paid within seventy-two (72) hours from issuance of
such notice, and
d) State that if such notice of violation is not paid within said seventy-two (72) hour
period, civil action to recover the debt may be instituted to include but not be limited to
the debt collection procedures of NC GS Chapter 105A Setoff Debt Collection Act,
(interception of state income tax refunds), and
e) State that the Person County Animal Services Department is authorized to accept
such payments in full and final settlement of the claim or claims, right or rights of
action which Person County may have. Acceptance of such penalty shall be deemed a
full and final release of any and all such claims, or rights of action arising out of such
contended violation or violations, and
f)Each day of continued violation of this ordinance is a separate and distinct offense as
provided for in NC G.S.153A-123(g).
SECTION 20: PERSON COUNTY ANIMAL SERVICES DEPARTMENT
The Person County Animal Services Department, as created the 21 st day of April, 1981, shall be
composed of such positions as shall be determined by the Board of County Commissioners. The said
employees shall be hired and compensated in accordance with the Person County Personnel Policy.
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SECTION 21: ADVISORY COMMITTEE
An Advisory Committee shall advise the Board of County Commissioners and the County Manager
with respect to Person County Animal Services matters. The Advisory Committee is composed of
members appointed by the Board of County Commissioners to serve at the pleasure of said Board.
SECTION 22: SEVERABILITY
If any section or part of this ordinance should be held invalid for any reason, such determination shall
not affect the remaining sections or parts, and to that end the provisions of this ordinance are severable.
SECTION 23: EFFECTIVE DATE
This ordinance shall become effective the 16th day of September, 2024 and supersedes any previous
versions of the ordinance.
Adopted, this, the 16th day of September, 2024.
_______________________________________________________________________
Gordon Powell, Chairman Date
Person County Board of Commissioners
Attested by:
___________________________________________
Michele Solomon,
Clerk to the Person County Board of Commissioners
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AGENDA ABSTRACT
Meeting Date: Sept. 16, 2024
Agenda Title: Resolution Authorizing the Filing of an Application for Approval of a Financing
Agreement Authorized by NC General Statue 160A-20
Summary of Information: On Sept. 3, 2024, the Board of Commissioners voted in favor of
funding the ALS360 Fire Component as requested by the Fire Chiefs Association and for
Chairman Powell and Vice-Chairman Sims to speak with all of the fire chiefs to ensure they
understand the program. The board also gave its consent for staff to submit an application to the
Local Government Commission (LGC) for its approval of the contract with Stryker.
The attached resolution authorizes the Interim Finance Officer to file with the Local Government
Commission (LGC) an application for its approval of the contract and to include such facts and
exhibits regarding the county and its financial condition as the LGC may require in order to make its
statutorily-required findings. The resolution and application are attached.
Recommended Action: Approve the Resolution Authorizing the Filing of an Application for
Approval of a Financing Agreement Authorized by NC General Statue 160A-20.
Submitted By: Katherine M. Cathey, County Manager
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RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR
APPROVAL OF A FINANCING AGREEMENT AUTHORIZED BY NORTH
CAROLINA GENERAL STATUTE 160A-20
WHEREAS, the County of Person, North Carolina desires to implement at 10-year asset
management program that bundles all of the emergency biomedical and patient movement equipment
into a single acquisition and maintenance plan which provides a significant long-term cost savings to
Person County while ensuring that we have safe, reliable and modern equipment (the “Project”) to
better serve the citizens of Person County; and
WHEREAS, The County of Person desires to finance the Project by the use of an installment
contract authorized under North Carolina General Statute 160A, Article 3, Section 20; and
WHEREAS, findings of fact by this governing body must be presented to enable the North
Carolina Local Government Commission to make its findings of fact set forth in North Carolina
General Statute 159, Article 8, Section 151 prior to approval of the proposed contract;
NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of Person County,
North Carolina, meeting in regular session on the 16th day of September, 2024, make the following
findings of fact:
1. The proposed contract is necessary or expedient because it provides for ten years of level
payments which allows for better budgeting practices and no increases in equipment or
maintenance costs over that ten-year period.
2. The proposed contract is preferable to a bond issue for the same purpose because funding has
been allocated in the Adopted Budget for Fiscal Year 2024-2025 and adequate funding is
anticipated in future fiscal years with no increases in taxes necessary due to the contract.
3. The sums to fall due under the contract are adequate and not excessive for the proposed
purpose because the ALS 360 program provides a projected cost savings of $1,664,412 versus
cash purchase of equipment and associated maintenance over a ten-year period.
4. The County of Person’s debt management procedures and policies are good because past audit
reports of the County indicate that its debt management and contract obligation payment
policies have been carried out in strict compliance with the law, and the County has not been
censured by the North Carolina Local Government Commission (the “LGC”), external
auditors or any other regulatory agencies in connection with such debt management and
contract obligation payment policies.
5. The increase in taxes necessary to meet the sums to fall due under the proposed contract will
be 0 cents per $100 valuation and is not deemed to be excessive.
6. The County of Person is not in default in any of its debt service obligations.
7. The attorney for the County of Person has rendered an opinion that the proposed Project is
authorized by law and is a purpose for which public funds may be expended pursuant to the
Constitution and laws of North Carolina.
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NOW, THEREFORE, BE IT FURTHER RESOLVED that the Interim Finance Officer is
hereby authorized to act on behalf of the County of Person in filing an application with the North
Carolina Local Government Commission for approval of the Project and the proposed financing
contract and other actions not inconsistent with this resolution.
The foregoing resolution, having been submitted to a vote, received the following vote and was
duly adopted this 16th day of September 2024.
Ayes: ________
Noes: ________
Absent or Excused: ________
___________________________________
Gordon Powell, Chairman
Person County Board of Commissioners
ATTEST:
____________________________________
Michele Solomon
Clerk to the Board
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AGENDA ABSTRACT
Meeting Date: September 16, 2024
Agenda Title: Proposal to Close a Portion of State Road 1333, Country Club Road
Summary of Information: The Person County Board of Commissioners will hold a public hearing
on September 24, 2024 at 6:00 p.m., on the proposed closure of 3,800 ft. of State Road 1333,
Country Club Road. The commissioners will receive information about the proposed road closure
and its possible impacts.
Additional information will be made and shared via the county website this week. The webpage will
be linked in the “IN THE SPOTLIGHT” section of the homepage (www.personcountync.gov).
Recommended Action: Receive presentation.
Submitted By: Brandy Lynch, Economic Development Director
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