05-03-2021 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
May 3, 2021
7:00pm
This meeting will convene in the County Office Building Auditorium.
CALL TO ORDER………………………………………………….. Chairman Powell
INVOCATION
PLEDGE OF ALLEGIANCE
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
PUBLIC HEARING:
ITEM #1 (pgs 42-45)
Petition TA-01-21 – A request by Person County Planning staff, on
behalf of the Person County Board of Commissioners, to amend the
Ordinance Regulating Automobile Graveyards and Junkyards
to include screening requirements for private roads ……………………. Lori Oakley
ITEM #2 (pgs 46-51)
Consideration to grant or deny request to adopt text amendments
to Person County Ordinance Regulating Automobile Graveyards
and Junkyards in Person County …………………………………... Chairman Powell
PUBLIC HEARING:
ITEM #3 (pgs 52-57)
Petition TA-02-21 - A request by the Person County Planning
Department to amend the Person County Planning Ordinance and
Subdivision Regulations in order to comply with the new NC
General Statutes Chapter 160D ………………………………………….. Lori Oakley
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ITEM #4 (pgs 58-254)
Consideration to grant or deny request to adopt text amendments
to the Planning Ordinance and Subdivision Regulations …………. Chairman Powell
PUBLIC HEARING:
ITEM #5 (pgs 255-262)
Petition SUB-01-21 - A request by DLH Development, LLC, for a
Cluster Subdivision Concept Plan for The Highlands at Duncan
Plantation, consisting of 24 lots on 35.5 acres located on Duncan
Plantation Drive (off of SR 1711 - Kermit Duncan Rd.) on Tax Map
& Parcel A63-41C in the R (Residential) Zoning District ………………. Lori Oakley
ITEM #6 (pg 263)
Consideration to grant or deny request for a Cluster Subdivision
Concept Plan for The Highlands at Duncan Plantation …………... Chairman Powell
PUBLIC HEARING:
ITEM #7 (pgs 264-272)
Petition RZ-01-21 - A request by Craig C. Hester for a rezoning/map
amendment from Residential to Rural Conservation on 2.93 acres
(Tax Map & Parcel 112-13) located on Burlington Rd (Hwy 49) ……..... Lori Oakley
ITEM #8 (pgs 273-274)
Consideration to grant or deny request for a rezoning/map
Amendment from Residential to Rural Conservation on 2.93
Acres (Tax Map & Parcel 112-13) ………………………………….. 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.
ITEM #9
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA A.Approval of Minutes of April 19, 2021 (pgs 275-294),B.Budget Amendment #15 (pg 295),C.Amended Audit Contract for Fiscal Year 2020 increasing from $59,300
by$10,930 to a modified fee of $70,230 (pgs 296-301), and
D.Selection of County Airport Engineering Firm (pgs 302-327)
NEW BUSINESS:
ITEM #10 (pg 328)
Presentation on the Person County Mega Park Site …………. Commissioner Gentry
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ITEM #11 (pgs 329-333)
Permitting Process Improvement Plan ……………. Heidi York & Katherine Cathey
ITEM #12 (pgs 334-356)
Recommended Capital Improvement Plan for
Fiscal Years 2022-2026 ……………………………... Heidi York & Amy Wehrenberg
ITEM #13 (pgs 357-381)
Review of the Board’s Rules of Procedure …………………… Commissioner Gentry
CHAIRMAN’S REPORT
MANAGER’S REPORT
COMMISSIONER REPORTS/COMMENTS
CLOSED SESSION #1
A motion to enter into Closed Session 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 (economic development) with the following individuals
permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda
Reaves, Economic Development Director, Sherry Wilborn, County Attorney, Ellis
Hankins and Jordan Jones, UNC School of Government Development Finance
Initiative.
CLOSED SESSION #2
A motion to enter into Closed Session 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 area served by the public body, including agreement on a
tentative list of economic development incentives that may be offered by the public
body in negotiations with the following individuals permitted to attend: County
Manager, Heidi York, Clerk to the Board, Brenda Reaves, Economic Development
Director, Sherry Wilborn and County Attorney, Ellis Hankins.
Note: All Items on the Agenda are for Discussion and Action as deemed appropriate
by the Board.
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NOTICE OF PUBLIC HEARING
The Person County Board of Commissioners will hold a public hearing on Monday, May 3, 2021 at 7:00
p.m. in the Auditorium of the Person County Office Building at 304 South Morgan Street, Roxboro, North
Carolina to hear the following:
1.Petition TA-01-21 – A request by Person County Planning staff, on behalf of the Person County
Board of Commissioners, to amend the Ordinance Regulating Automobile Junkyards and
Graveyards to include screening requirements for private roads.
2.Petition TA-02-21 - A request by the Person County Planning Department to amend the Person
County Planning Ordinance and Subdivision Regulations in order to comply with the new NC
General Statutes Chapter 160D.
3.Petition SUB-01-21 - A request by DLH Development, LLC, for a cluster subdivision concept plan
for The Highlands at Duncan Plantation, consisting of 24 lots on 35.5 acres located on Duncan
Plantation Drive (off of SR 1711 - Kermit Duncan Rd.) on Tax Map & Parcel A63-41C in the R
(Residential) Zoning District.
4.Petition RZ-01-21 – A request by Craig C. Hester, for a rezoning/map amendment from R
(Residential) to RC (Rural Conservation) on 2.93 acres (Tax Map & Parcel 112-13) located on
Burlington Rd (Hwy 49).
The public is invited to attend the meeting. Substantial changes may occur to the request based on comments
from the public hearing. The Board of Commissioners reserves the right to recess the public hearing at
another place and time. For further information on the case(s) listed above, please contact the Person County
Planning and Zoning Department at (336) 597-1750.
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Person CountyBoard of CommissionersMay 3, 20215
Text AmendmentTA-01-216
Text AmendmentTA-01-21– Explanation of RequestPetition TA-01-21is a request by Person County Planning staff, on behalf of thePerson County Board of Commissioners, to amend the Ordinance RegulatingAutomobile Junkyards and Graveyards to include screening requirements for privateroads.7
Text AmendmentTA-01-21 – Requested Ordinance Changes• Amend Section Three to include “ Private Road” in the definitions.• Amend Section Five to require screening of junkyards and automobile graveyards from public andprivate roads.• Amend Section Six allowing the ordinance to apply to residential properties containing a public usevisible from a private road.• Amend Section Seven, adding Private Roads to “A” under “Exceptions”.8
Text AmendmentTA-01-21 – Planning Staff Analysis• The current text in the Ordinance regulating Automobile Graveyards and Junkyards in PersonCounty requires them to be screened from publicroads and adjacent properties containing publicuses, such as schools and playgrounds.• The proposed text adds “Private Roads” to the definitions and allows screening for Junkyards andAutomobile Graveyards from private roads and from adjacent properties that contain public uses,such as schools, playgrounds and recreationaluses. The proposed text will be beneficial toproperties that are located along private rights of way and will allow equal enforcement of theordinance.9
Text AmendmentTA-01-21 – Planning Staff RecommendationPlanning Staff recommends the approval of TA-01-21. The proposed text will include andapply the screening requirements to junkyards and automobile graveyards that are visiblefrom “Private Roads” as it now applies topublic roads, allowing a more equitableenforcement of the ordinance.10
Text AmendmentTA-01-21 – Reasonableness and Consistency StatementThe text amendment request is consistent with the Comprehensive Plan and futureplanning goals and objectives of Person County. It is reasonable and in the public interestas it will provide clear regulations in the Ordinance Regulating Automobile Graveyards andJunkyards in Person County.The proposed text amendment meets the Comprehensive Land Use Plan, Objective 4.1:Establish design standards that ensurefuture development and contributes to theaesthetic appearance of the County while limiting development of unsightly uses thatdetract from community appearance.11
Text AmendmentTA-01-21 – Planning Board RecommendationAt the April 8, 2021 meeting of the Planning Board, a unanimous vote was taken (5-0) torecommend approval of TA-01-21. The board felt that the proposed text amendment wasconsistent with the Comprehensive Land Use Plan and future planning goals andobjectives of Person County. The board stated that the proposed amendment wasreasonable and was in the public interest.12
Text AmendmentTA-02-2113
Text AmendmentTA-02-21– Explanation of RequestPetition TA-02-21is a request by the Person County Planning Department toamend the Person County Planning Ordinance and Subdivision Regulations in orderto comply with the new NC General Statutes Chapter 160D.14
Chapter 160DTA-02-21 - BackgroundIn July, 2019 the NC General Assembly adopted the new Chapter 160D of the NC GeneralStatues. 160D consolidates current city and county enabling statutes for development regulationsinto a single, unified chapter and organizes these statutes into a more logical, coherentstructure. The new legislation does not make major policy changes but rather it provides severalclarifying amendments and consensus reforms that must be incorporated into local developmentregulations. All local governments within NC shall adopt the necessary ordinance amendments tocomply with Chapter 160D no later than July 1, 2021. At that date, the rules and procedures ofChapter 160D will apply regardless if the local (Planning & Subdivision) ordinance has been updated.15
Chapter 160DTA-02-21 - Ordinance Changes• Eliminates conditional use permits. Special use permits will remain.• Conditional use permits with simultaneous rezonings (ie, conditional use district rezoning) will beeliminated. The two types of rezonings allowed willbe: general rezonings and conditional districtrezonings.• Special use permits will no longer be reviewed by the Planning Board. Once submitted to staff, theywill go straight to the BOC for review.• Clarifies when development agreements are allowed.• Cannot regulate manufactured homes based on the age of the home.16
Chapter 160DTA-02-21 - Other Changes• An up-to-date comprehensive plan will be required if you have zoning in your jurisdiction.• All governing boards (Planning Board and Boardof Adjustment) will be required to have bylawsand all members shall be sworn in as members.17
Chapter 160DTA-02-21 - Planning Ordinance• Appendix C - Table of UsesMost “C’s” (conditional use permits) were changed to “S” (special use permits).A few of the “C’s” were changed to “X” by right:Animal Medical Care in the B2 Kennel Operations in B1Blacksmith in B1Landscape Contractor in B2Churches in R, B1, B2 and GI (RLUIPA)Nursing Home in B1Day Care Center in B1, B2, GIPublic Recreation in B1, B2Exterminating Service in B2Rest Home in B1*Optional changes are in yellow.18
Chapter 160DTA-02-21 - Planning Ordinance• Notes 1 & 2: Corrected typos.• Note 3: Removed Class C manufactured homes (MH predates 1976).• Note 4: Manufactured Home hardships to be approved by Zoning Administrator• Notes 5 & 6: No changes.• Note 7: Allows Zoning Administrator to approve temporary MH during construction of apermanent dwelling.• Note 8: Allows Zoning Administrator to approve temporary camper/RV in the case of anatural disaster.*Optional changes are in yellow.19
Chapter 160DTA-02-21 - Subdivision Regulations• Section 33 – Bonding RequirementsOnly clarifies the process, no major policy changes.Submittal requirements was amended to match the Planning Ordinance.20
Text AmendmentTA-02-21 – Planning Staff RecommendationPlanning Staff recommends approval of TA‐02‐21. The proposed text amendmentwill be consistent with the new Chapter 160D of the NC General Statutes and alsoprovide consistency among both ordinances.21
Text AmendmentTA-02-21 – Statement of Reasonableness and ConsistencyThe text amendment request is consistent with the Person County Land Use Planand future planning goals of the county, is reasonable, and in the public interest asit meets several objectives listed in the Person County Land Use Plan. Specifically, itmeets Objective 1.2, amend all applicable land development ordinances toaddress goals and objectives of the land use plan.22
Text AmendmentTA-02-21 – Planning Board RecommendationAt the April 8, 2021 meeting of the Planning Board, the Boardrecommended unanimous (5‐0) approval of the text amendment aspresented with one minor modification – to remove the word “the” in frontof “Person County” in sentence two in Section 33‐4 of the SubdivisionRegulations. The Planning Board also included their Statement ofReasonableness and Consistency listed on the previous screen.23
Subdivision Concept PlanSUB-01-2124
Subdivision Concept PlanSUB-01-21 – Explanation of RequestPetition SUB-01-21is a request by DLH Development, LLC, for a cluster subdivisionconcept plan for The Highlands at Duncan Plantation, consisting of 24 lots on 35.5acres located on Duncan Plantation Drive (off of SR 1711‐Kermit Duncan Rd.) onTax Map & Parcel A63‐41C in the R (Residential) Zoning District.25
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Subdivision Concept PlanSUB-01-21 – Planning Staff Recommendation•The property is zoned R (Residential) and the applicant is proposing to develop a 24 lot cluster subdivision on 35.5 acres. The subdivision will contain 10.65 acres of common open space and 2 stormwater control measures in compliance with the County’s Falls watershed regulations. When the adjoining subdivision was originally approved it showed a future phase in this area consisting of 26 lots.•The proposed subdivision meets the requirements outlined in Section 77 Cluster Developmentof the Person County Planning Ordinance and planning staff recommends approval of the concept plan for the cluster subdivision SUB‐01‐21.29
Subdivision Concept PlanSUB-01-21 – Planning Board Recommendation•At the April 8, 2021 meeting of the Planning Board, the Board recommendedunanimous (5‐0) approval of the subdivision concept plan, SUB‐01‐21, aspresented.30
Rezoning RequestRZ-01-2131
Rezoning RequestRZ-01-21– Explanation of RequestPetition RZ-01-21is a request by Craig C. Hester, for a rezoning/map amendmentfrom R (Residential) to RC (Rural Conservation) on 2.93 acres (Tax Map & Parcel 112‐13) located on Burlington Rd (Hwy 49).32
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Rezoning RequestRZ-01-21 – Planning Staff Analysis• The applicant is requesting a general rezoning from R (Residential) to RC (Rural Conservation).35
Rezoning RequestRZ-01-21 – Planning Staff Analysis• According to Article VII, Section 70 of the Person County Planning Ordinance, the purpose of theRC (Rural Conservation) District shall be to provide for only limited land use controls in areas withlimited nonagricultural development. A rezoning to RC (Rural Conservation) from the current R(Residential) would allow a wide range of permitted uses, some by right and some requiring SpecialUse Permits.36
Rezoning RequestRZ-01-21 – Planning Staff Recommendation• Planning staff recommends approval of the proposed general rezoning, RZ-01-21, based on thePerson County Land Use Plan and the Future Land Use Map contained within the Land Use Plan.The application is a general rezoning request, and therefore, no conditions can be placed on theapproval and no site plans can be approved with the request.37
Rezoning RequestRZ-01-21 – Statement of Reasonableness and Consistency• Reasonableness and Consistency Statement: The request is consistentwith the Person CountyLand Use Plan and future planning goals of the county, is reasonable, and is in the public interestas it meets the goals of the Person County Land Development Plan, specifically:o1.0: To promote an orderly and efficient land use development pattern, which allows for avariety of land uses while being sensitive to environmental concerns.38
Rezoning RequestRZ-01-21 – Planning Board Recommendation• At the April 8, 2021 meeting of the Person County Planning Board, a unanimous vote (5-0) wastaken not to recommend the rezoning case RZ-01-21. The board felt that the request was notconsistent with the Person County Land Use Plan or the Statement of Reasonableness andConsistency:• The request is not consistent with the Person County Land Use Plan and future planning goals ofthe county, as it would allow a variety of commercial uses in a residential area.39
Planning Board August 8th, 201940
Person CountyBoard of CommissionersMay 3, 202141
AGENDA ABSTRACT
Meeting Date: May 3, 2021
Agenda Title: Public Hearing for Petition TA-01-21, a request by the Person County Planning staff, on
behalf of the Person County Board of Commissioners, to amend the Ordinance Regulating Automobile
Graveyards and Junkyards in Person County to include screening requirements for private roads
The proposed text amendment requires legislative review by the Board at a public hearing.
The NC General Statutes requires that when reviewing a text amendment, the board also include with their
motion a statement as to whether the proposed text amendment is reasonable and consistent.
Summary of Information:
Sections Three, Five, Six and Seven (see attached language)
Language was amended in these sections to include “Private Road” in the definitions in Section Three, to
require screening of junkyards and automobile graveyards from public and private roads in Section Five,
to apply the ordinance to residential properties containing a public use visible from a private road in Section
Six, and adding “private roads” to Section Seven “A”.
Planning Staff Recommendation: Planning Staff recommends approval of TA-01-21. The proposed text
will include and apply the screening requirements to junkyards and automobile graveyards from “Private
Roads” as it now applies to public roads, allowing a more equitable enforcement of the ordinance.
Statement of Reasonableness and Consistency: The text amendment request is consistent with the
Comprehensive Land Use Plan and future planning goals and objectives of Person County. It is reasonable
and in the public interest as it will provide clear regulations in the Ordinance Regulating Automobile
Graveyards and Junkyards in Person County.
The proposed text amendment meets the Comprehensive Land Use Plan, Objective 4.1: Establish design
standards that ensure future development, contributes to the aesthetic appearance of the County while
limiting development of unsightly uses that detract from community appearance.
Planning Board Recommendation: At the April 8, 2021 meeting of the Planning Board, a unanimous vote
was taken (5-0) to recommend approval of TA-01-21. The Planning Board felt that the proposed text
amendment was consistent with the Comprehensive Land Use Plan and future planning goals and objectives
of Person County. The board stated that the proposed amendment was reasonable and was in the public
interest.
Recommended Action: Vote to approve or deny the requested text amendment. The Board of
Commissioners must also include a Statement of Reasonableness and Consistency with the motion.
Submitted By: Lori Oakley, Planning Director
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TA-01-21
Staff Analysis
BOC 5/3/21
Text Amendment TA-01-21
Junkyard Screening from Private Roads
EXPLANATION OF THE REQUEST
Petition TA-01-21 is a request by the Person County Planning staff on behalf of the Person County
Board of Commissioners to amend the Ordinance Regulating Automobile Graveyards and Junkyards in
Person County to require screening of junkyards and automobile graveyards from both public and private
roads.
REQUESTED ORDINANCE CHANGES
Sections Three, Five, Six and Seven (see attached language)
Language was amended in these sections to include “Private Road” in the definitions in Section Three, to
require screening of junkyards and automobile graveyards from public and private roads in Section Five,
to apply the ordinance to residential properties containing a public use visible from a private road in
Section Six, and adding “private roads” to Section Seven “A”.
PLANNING STAFF ANALYSIS
The current text in the Ordinance Regulating Automobile Graveyards and Junkyards in Person County
requires junkyards and automobile graveyards to be screened from public roads, and adjacent properties
containing public uses, such as schools and playgrounds.
The proposed text adds “Private Roads” to the definitions and allows screening for junkyards and
automobile graveyards from private roads and from adjacent properties that contain public uses, such as
schools, playgrounds and recreational uses. The proposed text will be beneficial to properties that are
located along private rights of way and will allow equal enforcement of the ordinance.
PLANNING STAFF RECOMMENDATION
Planning Staff recommends approval of TA-01-21. The proposed text will include and apply the
screening requirements to junkyards and automobile graveyards from “Private Roads” as it now applies to
public roads, allowing a more equitable enforcement of the ordinance.
REASONABLENESS AND CONSISTENCY STATEMENT
The text amendment request is consistent with the Comprehensive Plan and future planning goals and
objectives of Person County. It is reasonable and in the public interest as it will provide clear regulations
in the Ordinance Regulating Automobile Graveyards and Junkyards in Person County.
The proposed text amendment meets the Comprehensive Land Use Plan, Objective 4.1: Establish design
standards that ensure future development contributes to the aesthetic appearance of the County while
limiting development of unsightly uses that detract from community appearance.
PLANNING BOARD RECOMMENDATION
At the April 8, 2021 meeting of the Person County Planning Board, the Board voted unanimously (5-0) to
recommend approval of the text amendment TA-01-21 to the Person County Board of Commissioners.
The board approved a consistency statement that the request was reasonable and in the public interest and
that it was consistent with the Comprehensive Plan and met future planning goals and objectives of
Person County.
Submitted by: Angie Blount, Planner 1
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ORDINANCE REGULATING AUTOMOBILE GRAVEYARDS AND
JUNKYARDS IN PERSON COUNTY
SECTION ONE. TITLE
This ordinance may be known and may be cited as “Ordinance Regulating Automobile Graveyards
and Junkyards in Person County.”
SECTION TWO. PURPOSE AND OBJECTIVES
The purposes and objectives for which this ordinance is passed are as follows:
A.To protect the citizens and residents of Person County from possible injury at automobile
graveyards and junkyards.
B.To preserve the dignity and aesthetic quality of the environment in Person County.
C.To preserve the physical integrity of land in close proximity to residential areas.
D.To protect the economic interests of the citizens and residents of Person County.
E.To achieve responsible economic growth in areas of Person County that is compatible with
growth and development in nearby areas.
SECTION THREE. DEFINITIONS
For the purpose of this ordinance, certain terms and words are hereby defined; words used in the
present tense shall include the future; words used in the singular number shall include the plural number;
and the plural the singular; and the word “shall” is mandatory and not directory.
Automobile Graveyard: The term and definition of “automobile graveyards” shall apply to
commercial establishment only. Any commercial establishment tract of land which is maintained, used,
or operated for storing, salvaging, keeping, buying and selling two or more wrecked, scrapped, ruined,
dismantled or inoperable motor vehicles and which are not being restored to operation, regardless of the
length of time which individual motor vehicles are stored or kept at said establishment. The phrase
“automobile graveyard” as used herein shall be interpreted to include all service stations and repair shops
which have on their premises four or more wrecked scrapped, ruined, dismantled or inoperable motor
vehicles which are not being restored to operation.
Chronic Offender: A person who owns property whereupon, in the previous calendar year, the
county gave notice of violation at least three times under any provision of the public nuisance ordinance.
Establishment: Any commercial operation.
Housing Unit: A house, an apartment, a group of rooms, or a single room occupied or intended
for occupancy as separate living quarters.
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Junk: The term “junk” shall mean scrap metal, rope, rags, batteries, paper, trash, rubber, debris,
tires, waste, or junked, dismantled or wrecked motor vehicles or parts.
Junkyard, Commercial: Any establishment or place of business which is maintained, operated, or
used for storing, salvaging, keeping, buying or selling junk or for maintenance or operation of an
automobile graveyard, but shall not include garbage dumps or county‐operated sanitary landfills.
Junk Yard, Residential: A residential parcel of land in which an area of 600 square feet or more
of "junk materials” are kept or stored at any given place whether for profit or not. Materials enclosed in
closed buildings, solid waste containers or rolling stock (i.e., rail cars, trailer or other containerized body
not intended or designed to be self‐propelled) are excluded.
Private Road: Any road, right of way or easement which is not intended for dedication to or
maintenance by the North Carolina Department of Transportation or other appropriate public agency.
Public Road: Any road or highway which is now or hereafter designated and maintained by the
North Carolina Department of Transportation as part of the State Highway System, whether primary or
secondary, and any road which is a neighborhood public road as defined in North Carolina General Statute
Section 136‐67.
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 percent or more of its
gross income from charges made for such repairs.
School: Any public or private institution for teaching which is recognized and approved by the
State of North Carolina.
Service Station: An establishment 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 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.
Solid Fence: A continuous, opaque, unperforated 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, constructed
of dirt, wood, stone, steel, or other metal, or any substance of a similar nature and strength.
Vegetation: Evergreen trees, including, but not limited to, white pine and/or hemlock, evergreen
shrubs or plants with a minimum height of six (6) inches when planted, which reach a height of at least six
(6) feet of maturity.
Visible: Capable of being seen without visual aid by a person of normal visual acuity.
Wire Fence: A continuous, translucent, perforated barrier extending from the surface of the
ground to a uniform height of not less than six (6) feet from the group ground at any given point,
constructed of wire, steel or nylon mesh, or any substance of a similar nature and strength, but which
perforations or openings are no larger than sixteen (16) square inches.
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SECTION FOUR. PROHIBITIONS
All junkyards or automobile graveyards except as hereinafter provided shall be unlawful after the
effective date of this Ordinance for any person, firm or corporation, or other legal entity to operate or
maintain in any unincorporated area of Person County a junkyard or automobile graveyard without first
obtaining a license to operate same and without maintaining screening from view as hereafter described.
SECTION FIVE. SCREENING
All junkyards or automobile graveyards operated and/or maintained in Person County shall be
fenced at all points where said fencing shall be necessary to screen the view of the junkyard or automobile
graveyard from public and private roads and public uses (schools, playgrounds, recreational properties,
etc.) on adjacent properties, and where such screening is not already substantially provided by natural
vegetation, or other natural barriers. The fence shall be wire fence used in conjunction with vegetation
or a solid fence. If a wire fence with vegetation is used, the plants shall be planted on at least one side of
the wire fence and as close as practical to said fence. Vegetation shall be planted at intervals evenly
spaced and in close proximity to each other so that a continuous, unbroken hedgerow will exist to a height
of at least six (6) feet along the links of the wire fence surrounding the junkyard or automobile graveyard
when the vegetation reaches maturity. Each owner, operator or maintainer of a junkyard or automobile
graveyard to which this Ordinance applies and who chooses to use vegetation with wire fence, shall utilize
good husbandry techniques with respect to said vegetation, including but not limited to, proper pruning,
proper fertilizer and proper mulching, so that the vegetation will reach maturity as soon as practical and
will have maximum density in foliage. Dead or diseased vegetation shall be replaced at the next
appropriate planting time, and the fence, or wire fence and vegetation, shall be maintained in good
condition. All wrecked, scrapped, ruined, dismantled or inoperable motor vehicles and junk shall be
stored behind the required screening.
SECTION SIX. APPLICABILITY
This Ordinance applies to all residential zoned properties and uses and applies to junk as defined
in this Ordinance from an adjacent property containing a public use, and/or public or private road. This
Ordinance applies to all commercial and industrial uses and to junk and abandoned vehicles as defined in
this Ordinance that are visible from a public or private road or public use (school, playground, recreational
properties, etc.).
SECTION SEVEN. EXCEPTIONS
A. Ordinance shall not apply to residential properties that are not visible from public uses (schools,
playgrounds, recreational uses, etc.) on adjacent properties or from public or private roads.
B. Ordinance shall not apply to service stations or repair shops unless said service station or repair
shop has inoperable motor vehicles which are not being restored to operation.
C. This ordinance shall not apply to bona fide farm properties as defined by NCGS §153A‐340.
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D. Automobile graveyards or junkyards existing at the effective date of this Ordinance which would
be in violation of this Ordinance shall be granted a grace period of four (4) months to conform to
the provisions of this Ordinance, thereafter same shall be subject to the provisions of this
Ordinance.
E. The provisions of this section shall not apply to material which is being used in connection with a
construction activity taking place on the premises provided the construction activity associated
with an active permit is being diligently pursued, and complies with applicable ordinances and
codes.
SECTION EIGHT. LICENSING
Any person, firm, corporation, or other organization desiring to operate, or continue to operate a
junkyard or automobile graveyard after the adoption of this Ordinance shall be required to obtain a license
to operate same from the Person County Planning Director. The application for license shall be in writing
and contain such information that, in the discretion of the Director, is needed to guarantee that the
operation is, or shall be, in compliance with the provisions of this Ordinance.
The County Director shall issue a license to operate to each applicant, upon payment of a license
fee of $50.00, unless it appears that said operation is or shall be in violation of this Ordinance.
The County Director shall have the authority to revoke the license or any person, firm,
corporation, or other organization who fails to comply with the provisions of this Ordinance.
SECTION NINE. SIGNAGE
All commercial junkyards and automobile graveyards operated and maintained in
Person County shall be identified at the entrance to said facility by a sign not less than fifteen (15) square
feet in area.
SECTION TEN. ENFORCEMENT PROVISIONS
Complaints shall be submitted by residents and investigated by the Planning Department; upon
determining that a violation of this ordinance exists, the Planning Department shall issue written notice
to the registered owner, lessee, or person(s) entitled to the land. The notice shall be provided by
registered or certified mail. The notice shall:
1. Identify the property and describe the violation located thereon to be removed, abated, or
remedied;
2. State that the costs incurred by the county for chronic offenders to remove, abate, or remedy the
violation, if not paid by the violator(s), shall be subject to NCGS §153A‐140.2 for chronic offenses.
3. If the violation is not removed, abated or remedied within thirty (30) days of the initial notice, and
an appeal has not been filed, a second notice shall be issued. The notice shall:
4. Direct that the violation be removed, abated or remedied;
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5. Advise that the property must comply by a specific date thirty (30) days from the certified mailing
date of the second notice;
6. Advise that civil penalties, are being accessed daily as of the date of the second notice; and,
7. Advise that in addition to any and all remedies above, the Person County Board of Commissioners
may request criminal penalties (for commercial properties) in accordance with this Ordinance.
8. Chronic Violators. Pursuant to NCGS §153A‐140.2, the county may notify a chronic violator of the
county's public nuisance ordinance that, if the violator's property is found to be in violation of the
ordinance, the county shall, without further notice in the calendar year in which notice is given,
take action to remedy the violation, and the expense of the action shall become a lien upon the
property and shall be collected as unpaid taxes. The notice shall be sent by certified mail. A
chronic violator is a person who owns property whereupon, in the previous calendar year, the
county gave notice of violation at least three times under any provision of the public nuisance
ordinance.
Penalties and remedies for violations shall be as follows:
A. Criminal Penalty (shall only apply to parcels used for commercial purposes). Any person, firm,
corporation, or other entity who maintains or operates or who controls the maintenance of a
junkyard or automobile graveyard in violation of this Ordinance shall be guilty of a misdemeanor
and subject to prosecution, and if convicted, shall be punished by a fine not to exceed $50 or by
imprisonment not to exceed thirty (30) days, or both, in the discretion of the Court. Each day that
said automobile graveyard or junkyard shall be maintained or operated in violation of this
Ordinance shall constitute a separate and distinct offense.
B. Civil Penalties. In addition to the criminal sanctions as herein set out, as provided by North
Carolina General Statute 153A‐123 (d), and (e), this Ordinance may be enforced by an appropriate
equitable remedy issuing from a court of competent jurisdiction or by injunction and order of
abatement.
C. The Person County Planning Director shall be responsible for enforcing the provisions of this
Ordinance and may take informal measures to procure compliance from any person deemed by
the Director or his/her representative to be in violation. If such informal measures fail to cause
compliance, the Director shall be responsible for obtaining warrants or instigating civil remedies
for violations of this Ordinance.
D. This Ordinance may be enforced by an appropriate equitable remedy, including temporary
restraining order, preliminary injunction and permanent injunction was issued by a court of
competent jurisdiction.
E. Pursuant to NCGS §153A‐140.2, the County Planning Director may issue annual notice to chronic
violators. The County may notify a chronic violator of the County's public nuisance ordinance that,
if the violator's property is found to be in violation of the ordinance, the county shall, without
further notice in the calendar year in which notice is given, take action to remedy the violation,
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and the expense of the action shall become a lien upon the property and shall be collected as
unpaid taxes.
F. Appeals
1.) Unless the owner is a chronic violator, an owner who has received a violation notice under
this section may appeal from the order to the Board of Commissioners by giving written
notice of appeal to the Planning Department and to the clerk within 10 days following the
day the order is issued. In the absence of an appeal, the order of the Planning Director is
final.
2.) Without exception, the County may notify a chronic violator of the county's public
nuisance ordinance that, if the violator's property is found to be in violation of the
ordinance, the county shall, without further notice in the calendar year in which notice is
given, take action to remedy the violation, and the expense of the action shall become a
lien upon the property and shall be collected as unpaid taxes. The notice shall be sent by
certified mail.
SECTION ELEVEN. EFFECTIVE DATE
This ordinance shall become effective the 3rd___ day of May,____________ 2021 and supersedes
any previous versions of the ordinance.
Adopted, this, the 6th day of April 2015.
Adopted, this, the 9th day of March 2020.
RevisedAdopted, this, the 3rd___ day of May_______________, 2021.
________________________________________ ____________________________
Gordon Powell, Chairman Date
Person County Board of Commissioners
Attested by:
________________________________________________________
Brenda B. Reaves, Clerk to the Person County Board of Commissioners
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AGENDA ABSTRACT
Meeting Date: May 3, 2021
Agenda Title: Public Hearing for Petition TA-02-21 is a request by the Person County Planning
Department to amend the Person County Planning Ordinance and Subdivision Regulations in order to
comply with the new NC General Statutes Chapter 160D
The proposed text amendment requires legislative review by the Board at a public hearing.
The NC General Statutes requires that when reviewing a text amendment, the board also include with their
motion a statement as to whether the proposed text amendment is reasonable and consistent.
Summary of Information: In July, 2019 the NC General Assembly adopted the new Chapter 160D of
the NC General Statues. 160D consolidates current city and county enabling statutes for development
regulations into a single, unified chapter and organizes these statutes into a more logical, coherent
structure. The new legislation does not make major policy changes but rather it provides several clarifying
amendments that must be incorporated into local development regulations.
Highlights of the proposed text amendment changes include the following:
Conditional use permits are eliminated. Special use permits will remain.
Conditional use permits with simultaneous rezonings (i.e., conditional use district rezoning) will
be eliminated. The two types of rezonings allowed will be: general rezonings and conditional
district rezonings.
Special use permits will no longer be reviewed by the Planning Board. Once submitted to staff,
they will go straight to the Board of Commissioners for review.
The language clarifies when development agreements are allowed.
Manufactured homes can no longer be regulated based on the age of the home.
New definitions are added and others are amended in order to be consistent.
The proposed text amendment also addresses some typos previously contained in both ordinances and
amends the language so that there is consistency among both ordinances.
On March 15th, 2021, a joint work session was held with the Board of Commissioners and Planning Board
in order for staff to provide a general overview of the proposed changes to the Planning Ordinance and
Subdivision Regulations.
Planning Staff Recommendation: Planning Staff recommends approval of TA-02-21. The proposed text
amendment will be consistent with the new Chapter 160D of the NC General Statutes and also provide
consistency among both ordinances.
Planning Board Recommendation: At the April 8, 2021 meeting of the Planning Board, the Board
recommended unanimous (5-0) approval of the text amendment as presented with one minor modification
– to remove the word “the” in front of “Person County” in sentence two in Section 33-4 of the Subdivision
Regulations. This approval also included the following Statement of Reasonableness and Consistency: The
text amendment request is consistent with the Person County Land Use Plan and future planning goals of
52
the county, is reasonable, and in the public interest as it meets several objectives listed in the Person County
Land Use Plan. Specifically, it meets Objective 1.2, amend all applicable land development ordinances to
address goals and objectives of the land use plan.
Recommended Action: Vote to approve or deny the requested text amendment with or without the
Planning Board’s modification. The Board must also include a Statement of Reasonableness and
Consistency with the motion.
Submitted by: Lori Oakley, Planning Director
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TA-02-21
Staff Analysis
1
Text Amendment TA-02-21
NC General Statutes Chapter 160D
EXPLANATION OF THE REQUEST
Petition TA-02-21 is a request by the Person County Planning Department to amend the Person County
Planning Ordinance and Subdivision Regulations in order to comply with the new NC General Statutes
Chapter 160D.
BACKGROUND ON PROPOSED CHANGES
In July, 2019 the NC General Assembly adopted the new Chapter 160D of the NC General Statues. 160D
consolidates current city and county enabling statutes for development regulations into a single, unified
chapter and organizes these statutes into a more logical, coherent structure. The new legislation does not
make major policy changes but rather it provides several clarifying amendments that must be incorporated
into local development regulations. All local governments within NC shall adopt the necessary ordinance
amendments to comply with Chapter 160D no later than July 1, 2021. At that date, the rules and procedures
of Chapter 160D will apply regardless if the local (Planning & Subdivision) ordinance has been updated.
REQUESTED ORDINANCE CHANGES
Please see the attached redlined versions of both the Person County Planning Ordinance and Subdivision
Regulations for the proposed changes.
PLANNING STAFF ANALYSIS
The state’s objective for creating Chapter 160D include consolidating and improving organization rules for
all local jurisdictions under one-chapter heading (previously Chapter 153A and 160A), clarifying areas of
authority for local governments where uncertainty has existed and modernizing the tools for development
regulation based on newer practices.
Highlights of the proposed text amendment changes include the following:
Conditional use permits are eliminated. Special use permits will remain.
Conditional use permits with simultaneous rezonings (i.e., conditional use district rezoning) will
be eliminated. The two types of rezonings allowed will be: general rezonings and conditional
district rezonings.
Special use permits will no longer be reviewed by the Planning Board. Once submitted to staff,
they will go straight to the Board of Commissioners for review.
The language clarifies when development agreements are allowed.
Manufactured homes can no longer be regulated based on the age of the home.
New definitions are added and others are amended in order to be consistent.
The proposed text amendment also addresses some typos previously contained in both ordinances and
amends the language so that there is consistency among both ordinances.
JOINT WORK SESSION WITH BOARD OF COMMISSIONERS AND PLANNING BOARD
On March 15th, 2021, a joint work session was held with the Board of Commissioners and Planning Board
in order for staff to provide a general overview of the proposed changes to the Planning Ordinance and
Subdivision Regulations.
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TA-02-21
Staff Analysis
2
PLANNING STAFF RECOMMENDATION
Planning Staff recommends approval of TA-02-21. The proposed text amendment will be consistent with
the new Chapter 160D of the NC General Statutes and also provide consistency among both ordinances.
PLANNING BOARD RECOMMENDATION
At the April 8, 2021 meeting of the Planning Board, the Board recommended unanimous (5-0) approval of
the text amendment as presented with one minor modification – to remove the word “the” in front of “Person
County” in sentence two in Section 33-4 of the Subdivision Regulations. The Planning Board also included
their Statement of Reasonableness and Consistency listed below.
REASONABLENESS AND CONSISTENCY STATEMENT
The text amendment request is consistent with the Person County Land Use Plan and future planning goals
of the county, is reasonable, and in the public interest as it meets several objectives listed in the Person
County Land Use Plan. Specifically, it meets Objective 1.2, amend all applicable land development
ordinances to address goals and objectives of the land use plan.
Submitted by: Lori Oakley, Planning Director
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PERSON COUNTY
PLANNING ORDINANCE
PERSON COUNTY, NORTH CAROLINA
v.January 4, X/X,2021
ADOPTED BY THE PERSON COUNTY BOARD OF COUNTY COMMISSIONERS ON MAY 20, 1991 & RE-ADOPTED IN
ITS ENTIRETY ON DECEMBER 6, 1993, TO INCORPORATE WATERSHED PROTECTION PROVISIONS
AMENDED:AMENDED:
(1) July 11, 1994 (51) February 2014 (Definition of Professional Office)
(2) September 7, 1994 (52) July 2014 (Stormwater Amendment)
(3) May 15, 1995 (53) April 2015 (Remove Wireless Telecommunications Facilities)
(4) November 6, 1995 (54) September 6 2016 (Revise Table of Permitted Uses; Dimensional Requirements)
(5) January 11, 1996 (55) October 2, 2017 (Revise Table of Uses to add distillery, brewery and solar energy systems; add
(6) February 19, 1996 definitions for those uses)
(7) March 18, 1996 (56) September 9 2019 (Revise Table of Uses to add Event Center; Add definition for Event Center)
(8)June 3, 1996 (57) January 06, 2020 (Article VII, X, XIII, XIV, and Appendix B, including renumbering and
(9) July 8, 1996 definitions)
(10)August 5, 1996 (58) October 5, 2020 (Note 2 and 10; Remove solar energy system regulations)
(11)February 3, 1997 (59) November 16, 2020 (Amend Ind. requirements Section 70, Appendix B, Appendix C, Note 2)
(12) March 17, 1997 (60) November 16, 2020 (Accessory structure req. Section 60, Appendix B DefinititionsDefinitions)
(13) May 5, 1997 (61) January 4, 2021 (Article VIII Section 81 Ingress and egress width)
(14)July 7, 1997 (62) X, 2021 (160D Legislative Changes: All Articles and renumbering)
(15)November 3, 1997
(16)June 15, 1998
(17)February 1, 1999
(18)March 8, 1999
(19)December 6, 1999
(20)August 7, 2000
(21)May 7, 2001
(22)June 4, 2001
(23)July 2, 2001
(24)November 5, 2001
(25) January 7, 2002
(26) May 6, 2002
(27) July 22, 2002
(28) February 3, 2003
(29)August 4, 2003
(30)November 17, 2003
(31)December 1, 2003
(32)November 1, 2004
(33)February 21, 2005
(34)June 6, 2005
(35)August 1, 2005
(36)March 13, 2006
(37)November 19, 2007
(38)December 3, 2007
(39)August 4, 2008
(40)September 2, 2008
(41)November 3, 2008
(42)December 1, 2008
(43)December 7, 2009
(44)February 15, 2010
(45)August 2, 2010
(46)December 6, 2010
(47)February 7, 2011
(48) September 6, 2011
(49) July 15, 2012
(50) June 23, 2013 (Accessory Buildings)
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TABLE OF CONTENTS
ARTICLE PAGE
I AUTHORITY AND PURPOSE ..........................................................................................4
II TITLE ..................................................................................................................................4
III WATER SUPPLY WATERSHED PROTECTION REQUIREMENT (Section 30) ..........5
Section 30.7 Cluster Residential Developments ................................................................10
Section 31 Falls Watershed Stormwater Ordinance ........................................................17
IV BONA-FIDE FARM USES ...............................................................................................48
V ESTABLISHMENT OF DISTRICTS (Section 50) ...........................................................49
VI APPLICATION OF DISTRICT REGULATIONS (Section 60).......................................50
VII DISTRICT REGULATIONS (Section 70) ....................................................................... 52
Section 72 Conditional and Special Use ............................................................................55
Section 73 Conditional Use Procedures .............................................................................55
Section 74 Special Use Procedures ....................................................................................59
Section 71 Table of Permitted Uses……………………………………………………...XX
Section 725 Table of Dimensional Requirements ....................................................... 64XX
Landscape Buffers ..................................................................................... 65XX
Section 736 Setback Requirements (Notes)… ............................................................. 66XX
Section 747 Cluster Development ............................................................................... 67XX
VIII PLANNED BUILDING GROUP REGULATIONS (Section 80) .............................. 69XX
Section 81 Commercial and Industrial Site Plan Requirements .................................. 71XX
IX AIRPORT OVERLY DISTRICT REQUIREMENTS (Section 90) ............................ 73XX
X NONCONFORMING USES ....................................................................................... 76XX
XI OFF-STREET PARKING AND LOADING ............................................................... 79XX
XII SIGNS .......................................................................................................................... 80XX
XIII ADMINISTRATION, ENFORCEMENT, PENALTIES, AND RIGHT OF
APPEALADMINISTRATIVE POWERS AND DUTIES (Section 140 ..................... 87XX
Section 140 Administration…………………………………………………………….XX
Section 141 Approvals and Compliance………………………………………………...XX
Section 142 Enforcement and Penalties………………………………………………..XX
XIV DEVELOPMENT APPLICATION REVIEW PROCEDURES (Section 150)………...XX
Section 150 General…………………………………………………………………….XX
Section 151 Cond. Use Permits and Special Use Districts Approved Prior to X/X/21…XX
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Section 152 Zoning Permits……………………………………………………………...XX
Section 153 Amendments to the Zoning Map or Ordinances……………………………XX
Section 154 CD-Rezonings………………………………………………………………XX
Section 155 Special Use Permits…………………………………………………………XX
Section 156 Development Agreements…………………………………………………..XX
Section 157 Zoning Variances……………………………………………………………XX
Section 158 Vested Rights………………………………………………………………..XX
Section 159 Appeals………………………………………………………………………XX
XIV BOARD OF ADJUSTMENT ............................................................................................91
XV VESTED RIGHTS FOR PHASED DEVELOPMENT PLANS .......................................95
XVI AMENDMENTS ...............................................................................................................97
XVII SEPARABILITY ....................................................................................................... 100XX
XVIII PENALTIES AND FEES ................................................................................................100
XIXVI EFFECTIVE DATE ................................................................................................... 100XX
APPENDIX A - INTERPRETATION OF TERMS AND DEFINITIONS........................... 101XX
APPENDIX B - DEFINITIONS ............................................................................................ 102XX
APPENDIX C - TABLE OF PERMITTED USES................................................................ 114XX
NOTES TO TABLE OF PERMITTED USES ...................................................................... 120XX
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PERSON COUNTY DEPARTMENT OF PLANNING AND ZONING
Roxboro, NC 27573
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ARTICLE I
SECTION 10 - AUTHORITY AND ENACTMENT CLAUSE
(Amended X/X/21)
In pursuance of authority conferred by Section 340 of Chapter 153A Sections 107, 109, 409, 702, 704,
705, 903, and 908 of Chapter 160D of the General Statutes of North Carolina as amended; THE
BOARD OF COUNTY COMMISSIONERS OF PERSON COUNTY, NORTH CAROLINA DOES
HEREBY ORDAIN AND ENACT INTO LAW THE FOLLOWING ARTICLES AND SECTIONS.
SECTION 11 - PURPOSE
This ordinance is enacted to promote and to protect the health, safety and welfare of the people within
the designated planning jurisdiction of Person County. It is the intention of the Board of County
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 use of the land for
residential, agricultural, commercial, industrial, conservation, public service, flood plain and drainage
purposes, and the most appropriate use and occupancy of buildings, and by promoting good land use
planning. This ordinance is enacted for the further purpose of 1) assuring clean, non-polluted drinking
water, 2) protection of all our watersheds, 3) controlling hazardous waste, 4) orderly, planned growth
vital to the economic future and livability of Person County, and 5) assuring adequate light and air.
ARTICLE II – TITLE
This ordinance shall be known and may be cited as The Person County Planning Ordinance.
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ARTICLE III
SECTION 30 - WATER SUPPLY WATERSHED PROTECTION REQUIREMENTS
(Amended 2/15/2010; X/X/21))
30-1 INTENT
In 1989, the N.C. 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. (Amended 11/3/97)
In General, this will be accomplished by establishing Watershed Protection Overlay Districts
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.
(Amended 11/3/97)
30-2 APPLICATION CRITERIA
The Watershed Protection Overlay Districts, as established in Section 30-4, overlay other
zoning districts established in Article VII, Section 70 of 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 Article 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. (Amended
11/3/97)
30-3 EXEMPTIONS.
30-3(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 Article. Nothing in this ordinance shall be construed to require the
recombination of nonconforming lots of record.
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30-3 EXEMPTIONS continued
30-3(b) Existing Development. Existing development is not subject to the requirements of this Article.
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 a local government approval to proceed; or
(2) Having an outstanding valid building permit in compliance with 153A-344.1160D-
102 and 100(d); or, (Rev. X/X/21)
(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.
30-3(c) Redevelopment of Project Sites. An existing development, as defined in Article III, Section
30-3(b), 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 from Article III.
30-3(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 from Article III; and
(2) Expansions to all other structures classified as existing development must meet the
requirement of Article III, except, the built-upon area of the existing development is not
required to be included in the density calculations; and
(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 Article III.
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30-4 ESTABLISHMENT OF WATERSHED OVERLAY DISTRICTS.
Eight (8) watershed protection overlay districts are hereby established, as listed in Table 30-
4(a) land delineated on the "Official Person County Watershed Map", as adopted as referenced
herein, for all lands within water supply watersheds of existing or potential drinking water
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supplies. All districts have been classified by the Environmental Management Commission as
a WSII, WSIII, or WSIV water supply watershed. (Amended 11/3/97)
TABLE 30-4(a): WATERSHED PROTECTION OVERLAY DISTRICTS
District Class Acreage General Location
Storys-Ca Storys Creek
Critical Area
WSII 1,837 One-half mile to the normal
pool elevation lake or to the
ridgeline which ever is less
Storys-Bw
Storys Creek
Balance of Watershed
WSII 4,654 The drainage basin of Storys
Creek which is located in
Person County
Knap-Bw
Knap of Reeds Creek
Balance of Watershed
WSII 2,619 The portion of the drainage
basin of Knap Of Reeds
Creek (Lake Butner) which is
located in Person County
Little-Bw Little River
Balance of Watershed
WSII 74.00 The portion of the drainage
basin of Little River
Reservoir which is located in
Person County
Hyco-Ca South Hyco Creek
Critical Area
WSII 246.00 One-half mile upstream from
and draining to the intake
located in South Hyco Creek
Hyco-Bw South Hyco Creek
Balance of Watershed
WSII 21646.00 The portion of the drainage
basin, South Hyco Creek
which is located in Person
County
Flat-Bw Flat River
Balance of Watershed
WSIII 80074.00 The portion of the drainage
basin of the Flat River which
is located in Person County
Tar-Pa Tar River Protected Area
Watershed
WSIV 20117.00 The portion of the drainage
basin of the Tar River which
is located in Person County
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30-5 LAND USE RESTRICTIONS
All uses allowed in the underlying zoning districts are permitted except as stated in Table 30-5(a).
TABLE 30-5 (a): LAND USE RESTRICTIONS
District Restriction
Hyco-Ca
Storys-Ca
No New Landfills*
Hyco-Bw
Knap-Bw
Little-Bw
Flat-Bw
No New Discharging Landfill*
Tar-Pa
* In view of state regulations and in view of state requirements for a permit from the Division of Water Quality and the
Division of Solid Waste, the Person County Sludge Ordinance, which restricted the application of residuals, was
rescinded by the Person County Board of Health in September of 1997. (Amended 11/3/97)
30-6 DENSITY AND BUILT UPON LIMITS**
All structures not exempted by Section 30-3, shall comply with density or built upon requirements listed in
Table 30-6(a) or Table 30-6(b), as appropriate.
DISTRICT
TABLE 30-6(A)
RESIDENTIAL DEVELOPMENT
TABLE 30-6(B)
NONRESIDENTIAL DEVELOPMENT
Storys-Ca
Hyco-Ca
1 du/2 ac or 6% built upon area. Up to 6% built upon area.
Storys-Bw
Hyco-Bw
Knap-Bw
Little-Bw
1 du/1 ac or 12% built upon area
Up to 70% built upon area for all residential uses
other than single family provided minimize built
upon surface area, direct stormwater runoff away
from surface waters and incorporate best
management practices to minimize water quality
impacts in 10% of the watershed.
(amended 5/6/2002)
Up to 24% built upon area.
Up to 70% built upon area provided minimize built
upon surface area, direct stormwater runoff away
from surface waters and incorporate best
management practices to minimize water quality
impacts in 10% of the watershed.
(amended 5/6/2002)
Flat-Bw 1 du/.5 ac or 24% built upon area.
Up to 70% built upon area for all residential uses
other than single family provided minimize built
upon surface area, direct stormwater runoff away
from surface waters and incorporate best
management practices to minimize water quality
impacts in 10% of the watershed.
(amended 5/6/2002)
Up to 24% built upon area.
Up to 70% built upon area provided minimize built
upon surface area, direct stormwater runoff away
from surface waters and incorporate best
management practices to minimize water quality
impacts in 10% of the watershed. (amended
5/6/2002)
Tar-Pa 1 du/.5 ac or 24% built upon area.* 1 du/.33 ac or
36% built upon area allowed for projects without
curb/ gutter*.
Up to 24% built upon area*.
Up to 36% built upon area for project without curb
& gutter.
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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 wsiv watershed.
refer to article vii, table 75-table of dimensional requirements and article iii, section 30-9.
(Amended 11/3/97; 5/6/2002)
30-7 CLUSTER RESIDENTIAL DEVELOPMENTS (Amended 02/15/2010)
Cluster residential developments are permitted on a project by project basis in compliance with the
Subdivision Regulations of Person County provided that:
30-7(a) Project Density.
Overall project density does not exceed the requirements stated in this Article.
30-7(b) Minimum Lot Requirement.
Lots meet minimum requirements stated in Article VII, Table 75 of the Planning Ordinance.
30-7(c) Open Space.
The remainder of the tract shall remain in a vegetated or natural state. The owner or developer
shall provide, through legally enforceable means, for the perpetual preservation of land as
open space. Such mechanism shall be approved by the Zoning Administrator and may
include, but shall not be limited to the recording of restrictive covenants or deeding of open
space to the property owners' association. (Amended 11/3/97)
30-8 BUFFER AREAS
Buffers adjacent to perennial waters and public supply impoundments shall be provided as
follows:
30-8(a) Perennial Waters.
A minimum of a fifty (50) foot vegetative buffer, unless otherwise stated in this Article, 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 exceed the allowed built upon area shall provide a one
hundred (100) foot vegetative buffer along perennial waters.
Plats to contain the following language: “Written authorization from the North Carolina
Division of Water Quality may be required for activities that are proposed to occur within the
fifty-foot Neuse River Riparian buffer. Local program approvals do not authorize activities
within the riparian buffer”.
Whenever conflicts exist between Federal, State or Local laws, ordinance or rules, the more
restrictive provision shall apply.
(Amended 2/15/2010)
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30-8(b) Public Water Supply Impoundments.
A minimum fifty (50) foot buffer, as measured from the normal pool elevation, is required for
all public water supply impoundments.
30-8(c) Development within the Buffer area.
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.
(Amended 11/3/97)
30-9 WASTE WATER AND SEWAGE DISPOSAL
All residential, commercial, and industrial waste water and sewage disposal shall be governed
by applicable NC General Statues.
30-10 ACTIVITIES WITHIN WATERSHED PROTECTION OVERLAY DISTRICTS.
All activities within a water supply watershed shall comply with North Carolina Rules
Governing Public Water Supplies, 15A NCAC 18B .1100, .1200 and .1500.
30-11 WATERSHED PROTECTION OVERLAY DISTRICT BOUNDARY INTERPRETATION.
Where uncertainty exists as to the location of a Watershed Protection Overlay District
Boundary, interpretations shall be made in accordance to Article V, Sections 50-2(a), (b), (c),
and (d) of the Planning Ordinance. (Amended 11/3/97)
30-12 BEST MANAGEMENT PRACTICES (BMP) REQUIRED.
DISTRICT LAND USE
Storys-Ca
Hyco-Ca Agricultural1 , Forestry2 , Transportation3
Storys-Bw
Hyco-Bw
Knap-Bw
Little-Bw
Flat-Bw
Tar-Pa
Forestry2, Transportation3
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1agricultural 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
2silviculture activities are subject to the provisions of the forest practices guidelines regulated to water quality (15a
ncac 1i.0101-.0209) as NcNC Division of Forest Resources and existing environmental management commission
rules administered by the N.C. Division Of Water Quality. (amended 11/3/97)
3the department of transportation must use bmp's 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.
30-13 ADMINISTRATION.
30-13(A) Appeals
Decisions of the Zoning Administrator in the implementation of this Article may be
appealed to the Person County Board of Adjustment in accordance with Article XIV of
this Ordinance.
30-13(B) Variances (Amended 11/3/97)
(1) A request for a Minor Variance from the State Watershed Protection Rules shall
be reviewed by the Person County Board of Adjustment in accordance with
Article XIV of this Ordinance.
(a) In addition to the notification requirements stated in Article XIV, Section
143-2 of this Ordinance, the Zoning 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.
(b) Local governments receiving notice of the variance request may submit
comments to the Zoning Administrator prior to a decision by the Person
County Board of Adjustment.
(c) Before the Board of Adjustment may grant a minor variance, it shall
make the findings of fact required in Article XIV, Section 142-1 (b) or
(c).
(d) In accordance with Article XIV, Section 142-1(d) of this Ordinance, 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.
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(e) Every decision of the Board of Adjustment shall be subject to review by
the Superior Court of Person County as stated in Article XIV, Section
144 of this Ordinance.
(f) Records of minor variance shall be forwarded to the Division of Water
Quality for each calendar year, on or before January 1st of the following
year.
30-13(B) VARIANCES continued
(2) 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:
(a) 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.
(b) 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.
(c) The Board of Adjustment shall prepare a final decision in accordance
with the Environmental Management Commission’s decision.
30-14 DENSITY AVERAGING (added 8/4/03)
Density averaging involves the use of two noncontiguous parcels and is based on the idea that
the development plans for a pair of parcels can be submitted together and treated as a single
project for purposes of these regulations. The amount of development allowed for the paired
parcels taken together cannot exceed the amount of development that would be allowed if the
parcels were developed separately.
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a) A Special Use Permit shall be obtained from the Board of Commissioners sitting as the
Watershed Review Board to ensure that both parcels considered together meet the
standards of the ordinance and that potential buyers have notice of how the watershed
regulations were applied to the parcel pair. Only buyers of both of the paired parcels
may submit the application for Special Use Permit. A site plan for both parcels must be
submitted and approved as part of the Special Use Permit. If such a permit is granted,
no change in the development proposal authorized for either parcel shall be made unless
the permit is amended. Upon issuance of such permit, one copy will be forwarded to the
Local Government Assistance Unit of the Division of Water Quality. Included with the
Special Use Permit will be a site plan, registered plats for both properties, a description
of both properties and documentation reflecting the development restrictions to the
parcel pair that will remain undeveloped.
b) Parcel pairs being submitted for approval under this provision shall be submitted for
development approval as a single unitary proposal.
30-14 DENSITY AVERAGING
c) Sufficient information shall be submitted so that it may be determined that overall
density of the paired parcel averaged density development, calculated either by dwelling
units per acre or built-upon area, shall not exceed the density that would be allowed if
the parcels were developed separately. The parcel pair shall be preferably in the same
drainage area of the watershed. Parcels to be used in pairs may be located in the Balance
of Watershed, Protected or Critical Areas. However, if one of the parcels is located in
the Balance of Watershed or Critical Area and one is located in the Protected area, the
Critical Area parcel shall not be developed. Density Averaging is not allowed between
two parcels when both are in the Critical Area.
d) Buffers shall at a minimum meet the appropriate minimum statewide water supply
watershed protection requirements on both parcels in the parcel pair according to the
density of development occurring on each parcel.
e) Sufficient information shall be submitted so that it may be demonstrated that the parcels
are designed to:
1) Minimize stormwater runoff impact to the receiving waters by minimizing
concentrated stormwater flow;
2) Maximize the use of sheet flow through vegetated areas;
3) Minimize impervious surface areas;
4) Locate development away from surface waters and drainage ways to the
maximum extent practicable; and
5) Convey stormwater from developed areas by vegetated swales to the
maximum extent practical.
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f) The undeveloped parcel(s) or portion(s) thereof shall remain in a vegetated or natural
condition and shall be placed in a permanent conservation easement granted under G.S.
121-35 to the County, a land conservation organization or other entity capable of
providing for the ongoing maintenance of the undeveloped property.
g) Applicants shall agree to bind themselves and their successors in title, individually and
collectively, to maintain the pattern of development proposed for so long as the
requirements of this section are applicable. Parties to enforcement of such agreement
shall include Person County. No such agreement shall be accepted without approval of
the County Attorney as to the legal sufficiency of the documents involved.
30-14 DENSITY AVERAGING continued
h) Undeveloped land areas proposed for incorporation into the density or impervious
coverage area calculations shall meet the following criteria:
1) Projects in the Balance of Watershed or Protected Area may incorporate
undeveloped land elsewhere in the Balance of Watershed, Protected Area or
Critical Area. The amount of additional undeveloped acreage required shall be
determined by dividing the appropriate density or impervious coverage area
factor into the number of dwelling units or impervious coverage area in excess
of the amount permitted on the project site by these regulations to determine
the amount of other land to be reserved as undeveloped so that the overall
density or intensity of the project shall not exceed the density or intensity that
would be allowed if the parcels were developed separately.
2) (Deleted 08/04/2003)
3) Undeveloped land included to meet the requirements of one project shall not
be included as meeting the requirement of any existing or proposed project nor
shall any land included in a parcel pair for which a watershed variance has
been granted or would be required.
4) The preservation of undeveloped floodplain land, steep slopes, or other
environmentally sensitive lands within the Critical Area for this purpose is
encouraged. All such land shall be properly vegetated.
i) The Planning Board sitting as the Watershed Review Board shall make written findings
supported by appropriate calculations and documentation that the plan as a whole
conforms to the intent and requirements of this section, and that the proposed agreement
assures protection of the public interest and achievement of the objectives of this section.
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j) At the time of the issuance of the Zoning Permit, the Special Use Permit and
conservation easement, shall be caused to be recorded by the Planning Director in the
office of the Register of Deeds and filed with the offices of the Planning Director,
Building Inspector and the City Clerk. Notations shall be made by the Planning Director
on the official Zoning Map and the approved development plans and or plats for future
guidance in administration and as a public record.
k) The pattern of development and the agreement between the owners shall not be changed
except by the issuance of a new or amended Special Use Permit in the manner herein
established.
DEFINITIONS:
DEVELOPED PARCEL – Any parcel of a parcel pair that, under any approval granted under this part,
may be developed to a development density or intensity that exceeds the maximum development
density or intensity that would apply to the parcel if the paired-parcel averaged-density development
option were not available.
PAIRED PARCEL AVERAGED DENSITY DEVELOPMENT – A development proposal that
includes a parcel pair meeting the development standards of this Section and that qualifies for local
development approval under the density averaging provision of this ordinance.
UNDEVELOPED PARCEL – The parcel in a parcel pair that is not developed. (added 8/4/2003)
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PERSON COUNTY FALLS WATERSHED STORMWATER ORDINANCE FOR
NEW DEVELOPMENT
SECTION 31: GENERAL PROVISION
(ADDED JULY 15, 2012; Amended X/X/21)
31-101 TITLE
This ordinance shall be officially known as “The Falls Watershed Stormwater
Ordinance for New Development.” It is referred to herein as “this ordinance.”
31-102 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 Constitution of North Carolina; North Carolina General Statutes
Chapter 143-214.7 and rules promulgated by the Environmental Management
Commission thereunder; Chapter 143-215.6A; Chapter 160D-925;Chapter 153A-454;
Chapter 160A, §§ 174,and 185, 459 and Chapter 143, Article 21, Part 6 (Floodway
Regulation); [Chapter 143-214.5, Water Supply Watershed Protection]; [Chapter 160A,
Article 19160D Planning and Regulation of Development; Chapter 153A, Article 18]
(Rev. X/X/21).
31-103 FINDINGS
It is hereby determined that:
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;
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; and,
These effects can be managed and minimized by applying proper design and well-
planned controls to manage stormwater runoff from development sites.
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;
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.
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31-104 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:
1. Establishing decision-making processes for development that protects the
integrity of watersheds and preserve the health of water resources;
2. 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 increases in stream temperature, and to maintain the
integrity of stream channels and aquatic habitats;
3. Establishing minimum post-development stormwater management standards
and design criteria for the regulation and control of stormwater runoff quantity
and quality;
4. 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;
5. 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;
6. 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;
7. 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.
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31-105 APPLICABILITY AND JURISDICTION
(A) General
Beginning with and subsequent to its effective date, this ordinance shall be
applicable to all development and redevelopment, including, but not limited to,
site plan applications, subdivision applications, and grading applications, unless
exempt pursuant to this ordinance.
(B) Exemptions
Single-family and duplex residential and recreational development and
redevelopment that cumulatively disturbs less than one-half acre and is not part
of a larger common plan of development or sale is exempt from the provisions
of this ordinance Commercial, industrial, institutional, multifamily residential or
local government development and redevelopment that cumulatively disturbs
less than 12,000 square feet and is not part of a larger common plan of
development or sale is exempt from the provisions of this ordinance.
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.
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.
(C) No Development or Redevelopment Until Compliance and Permit
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.
(D) Map
The provisions of this ordinance shall apply within the areas designated on the
map titled "Falls Watershed Stormwater Map of Person County, North
Carolina" ("the Stormwater Map"), which is adopted simultaneously herewith.
The Stormwater Map and all explanatory matter contained thereon accompanies
and is hereby made a part of this ordinance. 3
The Stormwater Map shall be kept on file by the Stormwater Administrator and
shall be updated to take into account changes in the land area covered by this
ordinance and the geographic location of all engineered stormwater
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31-105(D) Map continued
controls permitted under this ordinance. In the event of a dispute, the
applicability of this ordinance to a particular area of land or BMP shall be
determined by reference to the North Carolina Statutes, the North Carolina
Administrative Code, and local zoning and jurisdictional boundary ordinances.
31-106 INTERPRETATION
(A) Meaning and Intent
All provisions, terms, phrases, and expressions contained in this ordinance shall
be construed according to the general and specific purposes set forth in Section
104, Purpose. If a different or more specific meaning is given for a term defined
elsewhere in Person County Planning Ordinance, the meaning and application
of the term in this ordinance shall control for purposes of application of this
ordinance.
(B) Text Controls in 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.
(C) Authority for Interpretation
The Stormwater Administrator has authority to determine the Interpretation of
this ordinance. Any person may request an interpretation by submitting a written
request to the Stormwater Administrator, who shall respond in writing within 30
days. The Stormwater Administrator shall keep on file a record of all written
interpretations of this ordinance.
(D) References to Statutes, Regulations, and Documents
Whenever reference is made to a resolution, ordinance, statute, regulation,
manual (including the Design Manual), or document, it shall be construed as a
reference to the most recent edition of such that has been finalized and published
with due provision for notice and comment, unless otherwise specifically stated.
(E) 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. References to days are calendar days
unless otherwise stated.
(F) Delegation of Authority
Any act authorized by this Ordinance to be carried out by the Stormwater
Administrator of Person County may be carried out by his or her designee.
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31-106 INTERPRETATION continued
(G) Usage
(1) Mandatory and Discretionary Terms
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.
(2) Conjunctions
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.
(3) Tense, Plurals, and Gender
Words used in the present tense include the future tense. Words used in the
singular number include the plural number and the plural number includes
the singular number, unless the context of the particular usage clearly
indicates otherwise. Words used in the masculine gender include the
feminine gender, and vice versa.
(H) Measurement and Computation
Lot area refers to the amount of horizontal land area contained inside the lot lines
of a lot or site.
31-107 DESIGN MANUAL
(A) Reference to Design Manual
The Stormwater 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.
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.
(B) Relationship of Design Manual to Other Laws and Regulations
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.
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31-107 DESIGN MANUAL continued
(C) Changes to Standards and Specifications
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.
31-108 RELATIONSHIP TO OTHER LAWS, REGULATIONS AND PRIVATE
AGREEMENTS
(A) Conflict of Laws
This ordinance is not intended to modify or repeal any other ordinance, rule,
regulation or other provision of law. The requirements of this ordinance are in
addition to the requirements of any other ordinance, rule, regulation or other
provision of law. Where any provision of this ordinance imposes restrictions
different from those imposed by any other ordinance, rule, regulation or other
provision of law, whichever provision is more restrictive or imposes higher
protective standards for human or environmental health, safety, and welfare shall
control.
(B) Private Agreements
This ordinance is not intended to revoke or repeal any easement, covenant, or
other private agreement. However, where the regulations of this ordinance are
more restrictive or impose higher standards or requirements than such an
easement, covenant, or other private agreement, the requirements of this
ordinance shall govern. Nothing in this ordinance shall modify or repeal any
private covenant or deed restriction, but such covenant or restriction shall not
legitimize any failure to comply with this ordinance. In no case shall Person
County be obligated to enforce the provisions of any easements, covenants, or
agreements between private parties.
31-109 SEVERABILITY
If the provisions of any section, subsection, paragraph, subdivision or clause of this
ordinance shall be adjudged invalid by a court of competent jurisdiction, such judgment
shall not affect or invalidate the remainder of any section, subsection, paragraph,
subdivision or clause of this ordinance.
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31-110 EFFECTIVE DATE AND TRANSITIONAL PROVISIONS
(A) Effective Date
This Ordinance shall take effect on July 15, 2012.
(B) Final Approvals, Complete Applications
All development and redevelopment projects for which complete and full
applications were submitted and approved by Person County prior to the
effective date of this ordinance and which remain valid, unexpired, unrevoked
and not otherwise terminated at the time of development shall be exempt from
complying with all provisions of this ordinance dealing with the control and/or
management of stormwater.
A site specific vesting plan (formerly phased development plan phased development
plan shall be deemed approved prior to the effective date of this ordinance if it
has been approved by all necessary government units, it remains valid,
unexpired, unrevoked and not otherwise terminated, and it shows:
1. For the initial or first phase of development or redevelopment, the type
and intensity of use for a specific parcel or parcels, including at a
minimum, the boundaries of the project and a subdivision plan that has
been approved.
2. For any subsequent phase of development or redevelopment, sufficient
detail so that implementation of the requirements of this ordinance to that
phase of development would require a material change in that phase of
the plan.
(C) Violations Continue
Any violation of provisions existing on the effective date of this ordinance shall
continue to be a violation under this ordinance and be subject to penalties and
enforcement under this ordinance unless the use, development, construction, or
other activity complies with the provisions of this ordinance.
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SECTION 31-2: ADMINISTRATION AND PROCEDURES
31-201 REVIEW AND DECISION-MAKING ENTITIES
(A) Stormwater Administrator
(1) Designation
A Stormwater Administrator shall be designated by Person County
Board of County Commissioners to administer and enforce this
ordinance.
2) Powers and Duties
In addition to the powers and duties that may be conferred by other
provisions of Person County and other laws, the Stormwater
Administrator shall have the following powers and duties under this
ordinance:
a. To review and approve, approve with conditions, or disapprove
applications for approval of plans pursuant to this ordinance.
b. To make determinations and render interpretations of this
ordinance.
c. To establish application requirements and schedules for submittal
and review of applications and appeals, to review and make
recommendations to the Person County Board of County
Commissioners on applications for development or
redevelopment approvals.
d. To enforce the provisions of this ordinance in accordance with its
enforcement provisions.
e. To maintain records, maps, forms and other official materials as
relate to the adoption, amendment, enforcement, and
administration of this ordinance.
f. To provide expertise and technical assistance to the Person
County Board of County Commissioners and the Person County
Board of Adjustment upon request.
g. To designate appropriate other person(s) who shall carry out the
powers and duties of the Stormwater Administrator.
h. To take any other action necessary to administer the provisions
of this ordinance.
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31-202 REVIEW PROCEDURES
(A) Permit Required; Must Apply for Permit
A stormwater permit is required for all development and redevelopment unless
exempt pursuant to this ordinance. A permit may only be issued subsequent to a
properly submitted and reviewed permit application, pursuant to this section.
(B) Effect of Permit
A stormwater permit 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 permit 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 permit 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.
(C) Authority to File Applications
All applications required pursuant to this Code shall be submitted to the
Stormwater Administrator by the land owner or the land owner’s duly authorized
agent.
(D) Establishment of Application Requirements, Schedule, and Fees
(1) Application Contents and Form
The Stormwater Administrator shall establish requirements for the
content and form of all applications and shall amend and update those
requirements from time to time. At a minimum, the stormwater permit
application 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.
(2) Submission Schedule
The Stormwater Administrator shall establish a submission schedule for
applications. The schedule shall establish deadlines by which complete
applications must be submitted for the purpose of ensuring that there is
adequate time to review applications, and that the various stages in the
review process are accommodated.
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31-202(D) (3) Permit Review Fees
The Person County Board of County Commissioners shall establish
permit review fees as well as policies regarding refund of any fees upon
withdrawal of an application, and may amend and update the fees and
policies from time to time.
(4) Administrative Manual
For applications required under this Code, the Stormwater Administrator
shall compile the application requirements, submission schedule, fee
schedule, a copy of this ordinance, and information on how and where to
obtain the Design Manual in an Administrative Manual, which shall be
made available to the public.
(E) Submittal of Complete Application
Applications shall be submitted to the Stormwater Administrator pursuant to the
application submittal schedule in the form established by the Stormwater
Administrator, along with the appropriate fee established pursuant to this
section.
An application shall be considered as timely submitted only when it contains all
elements of a complete application pursuant to this ordinance, along with the
appropriate fee. If the Stormwater Administrator finds that an application is
incomplete, the applicant shall be notified of the deficient elements and shall be
provided with an opportunity to submit a complete application. However, the
submittal of an incomplete application shall not suffice to meet a deadline
contained in the submission schedule established above.
(F) Review
The Stormwater Administrator shall review the application and determine
whether the application complies with the standards of this ordinance.]
(1) Approval
If the Stormwater Administrator finds that the application complies with
the standards of this ordinance, the Stormwater Administrator shall
approve the application. The Stormwater 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) Fails to Comply
If the Stormwater Administrator finds that the application fails to comply
with the standards of this ordinance, the Stormwater 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.
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31-202(F) (3) Revision and Subsequent Review
A complete revised application shall be reviewed by the Stormwater
Administrator after its re-submittal and shall be approved, approved with
conditions or disapproved.
If a revised application is not re-submitted within thirty (30) calendar
days from the date the applicant was notified, the application shall be
considered withdrawn, and a new submittal for the same or substantially
the same project shall be required along with the appropriate fee for a
new submittal.
One re-submittal of a revised application may be submitted without
payment of an additional permit review fee. Any re-submittal after the
first re-submittal shall be accompanied by a permit review fee additional
fee, as established pursuant to this ordinance.
31-203 APPLICATIONS FOR APPROVAL
(A) Concept Plan and Consultation Meeting
Before a stormwater management permit application is deemed complete, the
Stormwater Administrator or developer may request a consultation on a concept
plan for the post-construction stormwater management system to be utilized in
the proposed development project. This consultation meeting should take place
at the time of the preliminary plan of subdivision or other early step in the
development process. The purpose of this meeting is to discuss the stormwater
management measures necessary for the proposed project, as well as to discuss
and assess 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
concept plan, which should be submitted in advance of the meeting:
(1) Existing Conditions / Proposed Site Plans
Existing conditions and proposed site layout sketch plans, which
illustrate at a minimum: existing and proposed topography; perennial and
intermittent streams; mapping of predominant soils from soil surveys (if
available); stream 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.
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31-203(A) continued
(2) 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 conservation areas such as lakes, ponds,
floodplains, stream buffers 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.
(3) Stormwater Management System Concept Plan
A written or graphic concept 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, 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 Management Permit Application
The stormwater management permit application shall detail how post-
development stormwater runoff will be controlled and managed and how the
proposed project will meet the requirements of this ordinance, including Section
3, Standards. All such 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 submittal shall include all of the information required in the submittal
checklist established by the Stormwater Administrator. Incomplete submittals
shall be treated pursuant to Section 31-202(D).
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31-203 APPLICATIONS FOR APPROVAL continued
(C) As-Built Plans and Final Approval
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.
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 stormwater management plans and designs and
with the requirements of this ordinance. A final inspection and approval by the
Stormwater Administrator shall occur before the release of any performance
securities.
(D) Other Permits
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.
31-204 APPROVALS
(A) Effect of Approval
Approval authorizes the applicant to go forward with only the specific plans and
activities authorized in the permit. The approval shall not be construed to exempt
the applicant from obtaining other applicable approvals from local, state, and
federal authorities.
(B) 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 Stormwater 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.
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31-205 APPEALS
(A) 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 Stormwater Administrator, may file an appeal to the Board of Adjustment
within 30 days. Appeals of variance requests shall be made as provided in the
section on Variances. 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 90 days of receipt of the date the
request for review is filed.
SECTION 31-3: STANDARDS
31-301 GENERAL STANDARDS
All development and redevelopment to which this ordinance applies shall comply with
the standards of this section. The approval of the stormwater permit 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.
31-302 NITROGEN AND PHOSPHORUS LOADING
(a) 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.
(b) Notwithstanding 15A NCAC 2B.104 (q), redevelopment 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 identified in subsection (a) or meeting a loading
rate that achieves the following nutrient loads compared to the existing
development: 40 percent and 77 percent reduction for nitrogen and phosphorus,
respectively.
(c) The developer shall determine the need for engineered stormwater controls to
meet these loading rate targets by using the approved accounting tool.
31-303 NITROGEN AND PHOSPHORUS STANDARD IS SUPPLEMENTAL
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. This includes, without limitation, the riparian buffer
protection requirements of 15A NCAC 2B.0233 and .0242.
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31-304 CONTROL AND 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.
31-305 PARTIAL OFFSET OF NUTRIENT CONTROL REQUIREMENTS
Development subject to this ordinance shall attain nitrogen and phosphorus loading rate
reductions on-site that meet the following criteria prior to using an offsite offset
measure:
30 percent or more reduction in both nitrogen and phosphorus loading from the
untreated conditions for any single-family, detached and duplex residential
development disturbing one half acre but less than one acre.
50 percent or more reduction in both nitrogen and phosphorus loading from the
untreated conditions for any single-family, detached and duplex residential
development disturbing more than one acre.
30 percent or more reduction in both nitrogen and phosphorus loading from the
untreated condition for other development, including multi-family residential,
commercial and industrial development disturbing 12,000 square feet but less
than one acre.
50 percent or more reduction in both nitrogen and phosphorus loading from the
untreated condition for other development, including multi-family residential,
commercial and industrial development disturbing more than one acre.
A developer subject to this ordinance may achieve the additional reductions in nitrogen
and phosphorus loading required by this ordinance by making offset payments to the
NC Ecosystem Enhancement Program contingent upon acceptance of payments by that
Program. A developer may use an offset option provided by (the local government in
which the development activity occurs). A developer may propose other offset
measures to Person County, including providing his or her own offsite offset or utilizing
a private seller. All offset measures permitted by this ordinance shall meet the
requirements of 15A NCAC 02B .0282 and 15A NCAC 02B .0240.
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31-306 EVALUATION OF STANDARDS FOR STORMWATER CONTROL MEASURES
(A) 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
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.
(B) 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.
31-307 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.
31-308 VARIANCES
(A) Any person may petition Person County for a variance granting permission to
use the person's land in a manner otherwise prohibited by this ordinance. For all
proposed major and minor variances from the requirements of this ordinance,
the local Board of Adjustment shall make findings of fact showing that:
(1) there are practical difficulties or unnecessary hardships that prevent
compliance with the strict letter of the ordinance;
(2) the variance is in harmony with the general purpose and intent of the
local watershed protection ordinance and preserves its spirit; and
(3) in granting the variance, the public safety and welfare have been assured
and substantial justice has been done.
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31-308 VARIANCES continued
(B) In the case of a request for a minor variance, Person County Board of
Adjustment may vary or modify any of the regulations or provisions of the
ordinance so that the spirit of the ordinance shall be observed, public safety and
welfare secured, and substantial justice done may impose reasonable and
appropriate conditions and safeguards upon any variance it grants.
(C) The Person County Board of Adjustment may attach conditions to the major or
minor variance approval that support the purpose of the local watershed
protection ordinance. If the variance request qualifies as a major variance, and
the Person County Board of Adjustment decides in favor of granting the major
variance, the Board shall then prepare a preliminary record of the hearing and
submit it to the Commission for review and approval. If the Commission
approves the major variance or approves with conditions or stipulations added,
then the Commission shall prepare a Commission decision which authorizes
Person County to issue a final decision which would include any conditions or
stipulations added by the Commission. If the Commission denies the major
variance, then the Commission shall prepare a decision to be sent to Person
County. Person County shall prepare a final decision denying the major
variance.
(D) Appeals from the local government decision on a major or minor variance
request are made on certiorari to the local Superior Court. Appeals from the
Commission decision on a major variance request are made on judicial review
to Superior Court.
(E) On request of the Stormwater Administrator, any person who petitions Person
County for a variance under this ordinance shall provide notice to the affected
local governments of the variance request as required under the Falls Rule, 15A
NCAC 2B.0104(r). For purposes of this notice requirement, “affected local
governments” means any local governments that withdraw water from Lake
Falls or its tributaries downstream of the site of the proposed variance. If the
proposed variance is in a Water Supply Watershed area classified as WS II, WS
III or WS IV, “affected local governments” also includes any other local
governments in the same water supply watershed as the proposed variance. The
notice shall provide a reasonable period for comments and shall direct the
comments to be sent to the Stormwater Administrator. The person petitioning
for the variance shall supply proof of notification in accordance with this
ordinance to the Stormwater Administrator.
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SECTION 31-4: MAINTENANCE
31-401 GENERAL STANDARDS FOR MAINTENANCE
(A) 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.
(B) 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:
(1) The name and address of the land owner;
(2) The recorded book and page number of the lot of each engineered
stormwater control;
(3) A statement that an inspection was made of all engineered stormwater
controls;
(4) The date the inspection was made;
(5) 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; and
(6) The original signature and seal of the engineer, surveyor, or landscape
architect.
All inspection reports shall be on forms supplied by the Stormwater
Administrator. An original inspection report shall be provided to the Stormwater
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.
(C) Unmanned Public Utilities
The Stormwater 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 Article 1, Chapter 62 of the
North Carolina General Statutes. (Added July 2014)
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31-402 OPERATION AND MAINTENANCE AGREEMENT
(A) In General
Prior to the conveyance or transfer of any lot or building site to be served by a
engineered stormwater control pursuant to this ordinance, and prior to issuance
of any permit for development requiring a 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.
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 Stormwater 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.
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 Stormwater
Administrator within fourteen (14) days following its recordation.
(B) Special Requirement for Homeowners’ and Other Associations
For all engineered stormwater controls required pursuant to this ordinance and
that are to be or are owned and maintained by a homeowners’ association,
property owners’ association, or similar entity, the required operation and
maintenance agreement shall include all of the following provisions:
(1) Acknowledgment that the association shall continuously operate and
maintain the stormwater control and management facilities.
(2) 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.
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31-402(B) Special Requirement for Homeowners’ and Other Associations continued
(3) 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 five (5) years and the full amount shall
be deposited within ten (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.
(4) The percent of developer contribution and lengths 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.
(5) Granting to Person County a right of entry to inspect, monitor, maintain,
repair, and reconstruct engineered stormwater controls.
(6) Allowing Person County to recover from the association and its
member’s any and all costs Person County expends to maintain or repair
the engineered stormwater controls or to correct any operational
deficiencies. Failure to pay Person County all of its expended costs, after
forty-five days 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.
(7) 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.
(8) 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.
(9) 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.
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31-403 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 G.S. 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.
31-404 PERFORMANCE SECURITY FOR INSTALLATION AND MAINTENANCE
(A) 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:
(1) Installed by the permit holder as required by the approved stormwater
management plan, and/or
(2) Maintained by the owner as required by the operation and maintenance
agreement.
(B) Amount
(1) Installation
The amount of an installation performance security shall be the total
estimated construction cost of the BMPs approved under the permit, plus
25%.
(2) 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.
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31-404 PERFORMANCE SECURITY FOR INSTALLATION AND MAINTENANCE continued
(C) Uses of Performance Security
(1) 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.
(2) 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.
(3) 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.
(4) Refund
Within sixty 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.
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31-405 NOTICE TO OWNERS
(A) Deed Recordation and Indications on Plat
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.
(B) Signage
Where appropriate in the determination of the Stormwater 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.
31-406 RECORDS OF INSTALLATION AND MAINTENACE 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 Stormwater Administrator.
31-407 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.
31-408 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 shall be recorded and its terms shall specify who may make use of the
easement and for what purposes.]
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SECTION 31-5: ENFORCEMENT AND VIOLATIONS
31-501 GENERAL
(A) Authority to Enforce
The provisions of this ordinance shall be enforced by the Stormwater
Administrator, his or her designee, or any authorized agent of Person County.
Whenever this section refers to the Stormwater Administrator, it includes his or
her designee as well as any authorized agent of Person County.
(B) Violation Unlawful
Any failure to comply with an applicable requirement, prohibition, standard, or
limitation imposed by this ordinance, or the terms or conditions of any permit or
other development approval or authorization granted pursuant to this ordinance,
is unlawful and shall constitute a violation of this ordinance.
(C) Each Day a Separate Offense
Each day that a violation continues shall constitute a separate and distinct
violation or offense.
(D) Responsible Persons/Entities
Any person who erects, constructs, reconstructs, alters (whether actively or
passively), or fails to erect, construct, reconstruct, alter, repair or maintain any
structure, BMP, engineered stormwater control, practice, or condition in
violation of this ordinance shall be subject to the remedies, penalties, and/or
enforcement actions in accordance with this section. Persons subject to the
remedies and penalties set forth herein may include any architect, engineer,
builder, contractor, developer, agency, or any other person who participates in,
assists, directs, creates, causes, or maintains a condition that results in or
constitutes a violation of this ordinance, or fails to take appropriate action, so
that a violation of this ordinance results or persists; or an owner, any tenant or
occupant, or any other person, who has control over, or responsibility for, the
use or development of the property on which the violation occurs.
For the purposes of this article, responsible person(s) shall include but not be
limited to:
(1) Person Maintaining Condition Resulting In or Constituting Violation
An architect, engineer, builder, contractor, developer, agency, or any
other person who participates in, assists, directs, creates, causes, or
maintains a condition that constitutes a violation of this ordinance, or
fails to take appropriate action, so that a violation of this ordinance
results or persists.
(2) Responsibility for Land or Use of Land
The owner of the land on which the violation occurs, any tenant or
occupant of the property, any person who is responsible for stormwater
controls or practices pursuant to a private agreement or public document,
or any person, who has control over, or responsibility for, the use or
development of the property.
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31-502 REMEDIES AND PENALTIES
The remedies and penalties provided for violations of this ordinance, whether civil or
criminal, shall be cumulative and in addition to any other remedy provided by law, and
may be exercised in any order.
(A) Remedies
(1) Withholding of Certificate of Occupancy
The Stormwater Administrator or other authorized agent may refuse to
issue a certificate of occupancy for the building or other improvements
constructed or being constructed on the site and served by the stormwater
practices in question until the applicant or other responsible person has
taken the remedial measures set forth in the notice of violation or has
otherwise cured the violations described therein.
(2) Disapproval of Subsequent Permits and Development Approvals
As long as a violation of this ordinance continues and remains
uncorrected, the Stormwater Administrator or other authorized agent
may withhold, and the Planning Director may disapprove, any request
for permit or development approval or authorization provided for by this
ordinance or the (zoning, subdivision, and/or building regulations, as
appropriate) for the land on which the violation occurs.
(3) Injunction, Abatements, etc.
The Stormwater Administrator, with the written authorization of the
County Manager may institute an action in a court of competent
jurisdiction for a mandatory or prohibitory injunction and order of
abatement to correct a violation of this ordinance. Any person violating
this ordinance shall be subject to the full range of equitable remedies
provided in the General Statutes or at common law.
(4) Correction as Public Health Nuisance, Costs as Lien, etc.
If the violation is deemed dangerous or prejudicial to the public health or
public safety and is within the geographic limits prescribed by North
Carolina G.S. §160A-193, the Stormwater Administrator, with the
written authorization of the County Manager may cause the violation to
be corrected and the costs to be assessed as a lien against the property.
(5) Stop Work Order
The Stormwater Administrator may issue a stop work order to the
person(s) violating this ordinance. The stop work order shall remain in
effect until the person has taken the remedial measures set forth in the
notice of violation or has otherwise cured the violation or violations
described therein. The stop work order may be withdrawn or modified to
enable the person to take the necessary remedial measures to cure such
violation or violations.
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31-502 REMEDIES AND PENALTIES continued
(B) Civil Penalties
The Stormwater Administrator may assess a civil penalty against any person
who violates any provision of this ordinance or of a permit or other requirement
pursuant to this ordinance. Civil penalties may be assessed up to the full amount
of penalty authorized by G.S. 143-215.6A.
(C) Criminal Penalties
Violation of this ordinance may be enforced as a criminal matter under North
Carolina law.
31-503 PROCEDURES
(A) Initiation/Complaint
Whenever a violation of this ordinance occurs, or is alleged to have occurred,
any person may file a written complaint. Such complaint shall state fully the
alleged violation and the basis thereof, and shall be filed with the Stormwater
Administrator, who shall record the complaint. The complaint shall be
investigated promptly by the Stormwater Administrator.
(B) Inspection
The Stormwater Administrator shall have the authority, upon presentation of
proper credentials, to enter and inspect any land, building, structure, or premises
to ensure compliance with this ordinance.
(C) Notice of Violation and Order to Correct
When the Stormwater Administrator finds that any building, structure, or land is
in violation of this ordinance, the Stormwater Administrator shall notify, in
writing, the property owner or other person violating this ordinance. The
notification shall indicate the nature of the violation, contain the address or other
description of the site upon which the violation is occurring, order the necessary
action to abate the violation, and give a deadline for correcting the violation. If
civil penalties are to be assessed, the notice of violation shall also contain a
statement of the civil penalties to be assessed, the time of their accrual, and the
time within which they must be paid or be subject to collection as a debt.
The Stormwater Administrator may deliver the notice of violation and correction
order by any means authorized for the service of documents by Rule 4 of the
North Carolina Rules of Civil Procedure. If a violation is not corrected within a
reasonable period of time, as provided in the notification, the Stormwater
Administrator may take appropriate action under this ordinance to correct and
abate the violation and to ensure compliance with this ordinance.
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31-503 PROCEDURES continued
(D) Extension of Time
A person who receives a notice of violation and correction order, or the owner
of the land on which the violation occurs, may submit to the Stormwater
Administrator a written request for an extension of time for correction of the
violation. On determining that the request includes enough information to show
that the violation cannot be corrected within the specified time limit for reasons
beyond the control of the person requesting the extension, the Stormwater
Administrator may extend the time limit as is reasonably necessary to allow
timely correction of the violation, up to, but not exceeding 60 days. The
Stormwater Administrator may grant a 30-day extension in addition to the
foregoing extension if the violation cannot be corrected within the permitted
time due to circumstances beyond the control of the person violating this
ordinance. The Stormwater Administrator may grant an extension only by
written notice of extension. The notice of extension shall state the date prior to
which correction must be made, after which the violator will be subject to the
penalties described in the notice of violation and correction order.
(E) Enforcement after Time to Correct
After the time has expired to correct a violation, including any extension(s) if
authorized by the Stormwater Administrator, the Stormwater Administrator shall
determine if the violation is corrected. The Stormwater Administrator may act
to impose one or more of the remedies and penalties authorized by this ordinance
whether or not the violation has been corrected.
(F) Emergency Enforcement
If delay in correcting a violation would seriously threaten the effective
enforcement of this ordinance or pose an immediate danger to the public health,
safety, or welfare, then the Stormwater Administrator may order the immediate
cessation of a violation. Any person so ordered shall cease any violation
immediately. The Stormwater Administrator may seek immediate enforcement,
without prior written notice, through any remedy or penalty authorized by this
article.
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SECTION 31-6: DEFINITIONS
31-601 TERMS DEFINED
When used in this Ordinance, the following words and terms shall have the meaning set
forth in this section, unless other provisions of this Ordinance specifically indicate
otherwise.
Approved accounting tool
The accounting tool for nutrient loading approved by the EMC for the relevant
geography and development type under review.
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.
Commission
The North Carolina Environmental Management Commission, in the Department.
Department
The North Carolina Department of Environment and Natural Resources.
Design Manual
The stormwater design manual approved for use in this part of the Falls Watershed by
the Department for the proper implementation of the requirements of the Falls
Watershed stormwater program. All references herein to the Design Manual are to the
latest published edition or revision.
Development
Any land-disturbing activity that increases the amount of built-upon area or that
otherwise decreases the infiltration of precipitation into the soil.
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Division
The Division of Water Quality in the Department.
Existing Development
Development not otherwise exempted by this ordinance that meets one of the following
criteria:
(a) It either is built or has established a statutory or common-law vested right
as of the effective date of this ordinance; or
(b) 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.
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.
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.
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.
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Major variance
A variance from the minimum statewide watershed protection or Falls rules that results
in the relaxation, by a factor greater than five 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 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.
Minor variance
A variance from the minimum statewide watershed protection or Falls rules that results
in a relaxation, by a factor of up to five percent of any buffer, density or built-upon area
requirement under the high density option; or that results in a relaxation by a factor up
to 10 percent, of any management requirement under the low density option.
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.
Outfall
A point at which stormwater (1) enters surface water or (2) exits the property of a
particular owner.
Owner
The legal or beneficial owner of land, including but not limited to a mortgagee or vendee
in possession, receiver, executor, trustee, or long-term or commercial lessee, or any
other person or entity holding proprietary rights in the property or having legal power
of management and control of the property. “Owner” shall include long-term
commercial tenants; management entities, such as those charged with or engaged in the
management of properties for profit; and every person or entity having joint ownership
of the property. A secured lender not in possession of the property does not constitute
an owner, unless the secured lender is included within the meaning of “owner” under
another description in this definition, such as a management entity.
Person
Includes, without limitation, individuals, firms, partnerships, associations, institutions,
corporations, municipalities and other political subdivisions, and governmental
agencies.
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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 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.
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.
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 plan 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.
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ARTICLE IV
Bona Fide Farms
The provisions of this ordinance shall apply to all land as shown on the Official Planning Map(s) of
Person County, North Carolina. 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 where compliance with Table of Permitted Uses, Note One is assured.
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ARTICLE V
ESTABLISHMENT OF DISTRICTS
SECTION 50 - INTERPRETATION OF DISTRICT BOUNDARIES
50-1 The locations and boundaries of each of the planning districts shall be shown on the map
accompanying this ordinance and made a part hereof, entitled, "Official Planning Map, Person
County, North Carolina," and adopted by the Board of County Commissioners. The Planning
Map and all the notations, references and amendments thereto, and other information shown
are hereby made a part of this ordinance. The Planning Map shall be kept on file in the office
of Planning and Zoning and shall be available for inspection by the public.
50-2 Where uncertainty exists with respect to the location of certain boundaries of districts as
shown on the Official Planning Map, the following rules shall apply:
50-2(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.
50-2(B) Boundaries indicated as approximately following platted lot lines shall be construed to follow
such lot lines.
50-2(C) Distances not specifically indicated on the Official Planning Map shall be determined by the
scale of the map.
50-2(D) Where physical and cultural features existing on the ground are at variance with those shown
on the Official Planning Map, or in other circumstances not covered by subsections 50-2(a)
through 50-2 (c) above, the Board of Adjustment shall interpret the district boundaries.
50-2(E) Where a 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 two hundred and fifty (250) feet beyond
the district line into the remaining portion of the lot.
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ARTICLE VI
APPLICATION OF DISTRICT REGULATIONS
SECTION 60 - GENERAL REGULATIONS (Amended 11/17/2003; amended 08/2/2010)
60-1 Except as hereinafter provided, the regulations set by this ordinance within each district shall
be minimum regulations and shall apply uniformly to each class or kind of structure or land.
60-2 Notwithstanding nonconforming uses as herein defined, no building, structure, or land shall
hereafter be used or occupied, and no building or structure or part thereof, shall hereafter be
erected, constructed, reconstructed, moved or structurally altered except in conformity with
all the regulations as specified herein for the district in which it is located.
60-3 No part of a yard or other open space required about or in connection with any building for
the purpose of complying with this ordinance shall be included as a part of a yard or other
open space similarly required for any other building or use.
60-4 No yard setbacks or lot existing at the time of passage of this ordinance shall be reduced in
dimension or area below the minimum requirements set forth herein.
60-5 Unless otherwise specified in this ordinance, accessory buildings may be allowed within five
(5) feet of rear and side yard lot lines (Amended 6/3/2013)
60-6 (Deleted 6/3/2013)
60-6A Accessory structures may be placed in the front yard, if at least 25ft from the front property
line. For lots located on NC and US highways, accessory structures may be placed in the
front yard, if at least 40ft from the front property line. (Added 6/3/2013)
60-6B Accessory buildings shall be allowed on a lot upon which a primary dwelling, multifamily
dwelling, business use or industrial use exists. (Added 6/3/2013) Accessory buildings shall
also be allowed on lots adjacent to and under common ownership to the parcel where the
principal structure is located or within 1,000 feet of the aforementioned parcel (as measured
from property line to property line) to the extent that the principal use itself would be allowed.
(Amended 11/16/20)
60-6C 60-6A and 60-6B shall not apply to any barns, hay sheds, or similar structures existing prior
to the adoption of this amendment; however, this Ordinance shall apply to any new
construction of these structures. (Added 6/3/2013)
60-7 Campers and Recreational Vehicles shall not be used for dwelling purposes on individual lots
but can be stored provided they are registered to the owner of the lot and there is an existing
dwelling. There shall only be one camper/recreational vehicle stored per lot. A Conditional
Use Permit will be required for storage of more than one camper/recreational vehicle and
property owner and camper/recreational vehicle owner must be the same. (Added 8/2/2010)
60-8 Use of one camper/recreational vehicle shall be permitted as an accessory dwelling on an
improved lot or on an unimproved lot or tract for a period not to exceed two continuous weeks.
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A four week interval shall be required between each allowed use. A tract of land owned by a
single owner may not be subdivided into multiple lots for the purpose of evading this section.
(Added 8/2/2010)
60-9 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. (Added 8/2/2010).
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ARTICLE VII
SECTION 70 - DISTRICT REGULATIONS
DESCRIPTION OF GENERAL USE AND SPECIAL USE CONDITIONAL DISTRICTS
(Amended 8-17-92, 11/16/20; X/X/21)
70-1 The following general use zoning districts are hereby established:
70-1(A) R Residential District: The purpose of this district is to provide for single family residential
uses and compatible development.
70-1(B) B-2 Neighborhood Shopping: 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.
70-1(C) B-1 Highway Commercial Business District: 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.
70-1(D) 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 industrtialindustrial production natures. (Amended 11/16/20)
70-1(E) AP Airport District: The purpose of this district shall be to provide an overlay district which
establishes land use regulations for areas adjacent to the Person County Executive Airport.
Specific requirements for the Airport District are set forth in ARTICLE IX, SECTION 91
and SECTION 92.
70-1(F) R-C Rural Conservation District: The purpose of this district shall be to provide for only
limited land use controls in areas with limited nonagricultural development.
70-2 The following Special Use Conditional Districts are hereby established.
70-2(A) A Special UseConditional District, bearing the designation CDSU, is hereby established as a
companion district for every district established in Section 70-1 (a-f). These districts are
SUCD-R, SUCD-B-2, SUCD-B-1, SUCD-GI, SUCD-AP, and SUCD-R-C. All regulations
which apply to a general use zoning district also apply to the companion special use 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.
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70-3 PURPOSE OF SPECIAL USE DISTRICTS.
If the regulations and restrictions of a zoning district permitting a proposed use are inadequate
to ensure the compatibility of the proposed development with the immediately surrounding
neighborhood in accordance with the principles of this ordinance and applicable adopted
plans, the applicant may apply for rezoning to a Special Use District bearing the same
designation as a standard zoning district but subject to additional conditions. The applicant
shall apply simultaneously for the rezoning and Special Use Permit and shall in such
application specify the nature of the proposed development. Such application shall also
include all requirements of special use permit applications as detailed in the remainder of this
section and in Section 74 of this ordinance and shall propose conditions to ensure
compatibility between the development and the surrounding neighborhood.
70-3(A) GENERAL REQUIREMENTS FOR SPECIAL USE DISTRICTS
(a) Special Use District Application:
A Special Use District Application shall be considered only upon request by the
applicant(s).
(b) Other Regulations Apply:
Within a Special Use District, all standards and requirements of the corresponding
zoning district shall be met, except to the extent that the conditions imposed are more
restrictive than those standards.
(c) Conditions.
The conditions imposed may limit the uses which are permitted on the property to
someone or more uses(s) otherwise permitted in the zone. Such conditions may further
specify the location on the property of the proposed use, the number of dwelling units,
the location and extent of supporting facilities such as parking lots, driveways, and
access streets, the location and extent of buffer areas and other special purpose areas,
the timing of development, the location and extent of right-of-ways and other areas to
be dedicated for public purposes, and other such matters as the applicant may propose
or the County impose in consideration and approval of the request.
(d) Non-compliance to District and Permit Conditions:
Any violation of a condition included in the approval of a Special Use Permit within a
Special Use District shall be treated the same as any other violation of this Ordinance
and shall be subject to the same remedies and penalties as any such violation. Any
violation of such a condition shall be deemed to be the same type of violation as the use
of a property for a use not permitted under the district regulations, being that any use
permitted in a Special Use District is permitted only subject to the specified conditions.
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70-3(B) Procedure.
Applications for Special Use Districts shall be processed, considered, and voted upon in
the same procedure as that required for zoning amendments.
SECTION 71 - TABLE OF PERMITTED USES
(SEE APPENDIX C)
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SECTION 72 - OBJECTIVES AND PURPOSE
CONDITIONAL AND SPECIAL USES
72-1 Nature and Purpose: Conditional and Special uses add flexibility to the Planning Ordinance.
Subject to high standards of planning and design, certain property uses are allowed in several
districts where those uses would not otherwise be acceptable. By means of controls exercised
through the Conditional and Special Use Permit procedures, property uses which would otherwise
be undesirable in certain districts can be developed to minimize any bad effects they might have on
surrounding properties.
SECTION 73 - PROCEDURE FOR CONDITIONAL USE PERMITS APPROVED BY THE
BOARD OF ADJUSTMENT (As Amended 11/18/91; 8/7/00; 11/17/03)
73-1 A Conditional Use Permit may be issued by the Person County Zoning Administrator after
approval by the Board of Adjustment. The application for a Conditional Use Permit shall
accompany the application for a zoning permit and/or Certificate of Occupancy/Compliance.
The Zoning Administrator shall require signs to be posted on the property according to
Section 160-4. The application for the Conditional Use Permit shall be filed four (4) weeks
prior to the date of review by the Board of Adjustment. In approving the permit, the Board of
Adjustment shall find: (Amended 08/07/00; 11/17/2003; 01/06/2020)
(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 or abutting
property, or that the use is a public necessity, and
(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 comprehensive plan.
73-2 In approving the Conditional Use Permit the Board of Adjustment may designate such
conditions, which will assure that the use in its proposed location will be harmonious and with
the spirit and intent of this ordinance. All such additional conditions shall be entered in the
minutes of the meeting at which the Conditional Use Permit is granted and also on the
Conditional Use Permit. All conditions shall run with the land and shall be binding on the
original applicant for the Conditional Use Permit, the heirs, successors and assigns. In order
to ensure that such conditions and requirements of each Conditional Use Permit will be
fulfilled, the petitioner for the Conditional Use Permit may be required to provide physical
improvements required as a basis for the issuance of the Conditional Use Permit.
73-3 If the Board of Adjustment denies the Conditional Use Permit, the reasons for the denial shall
be entered in the minutes of the meeting at which the permit is denied.
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73-4 Additional conditions may be imposed by the Board of Adjustment where deemed to be
reasonable and appropriate. Conditional Uses shall comply with the height, yard area, and
parking regulations of the zone in which they are located, including, but not limited to,
adequate access.
73-5 In the event of failure to comply with the plans approved by the Board of Adjustment, or with
any conditions imposed upon the Conditional Use Permit within a reasonable time in the
opinion of the Zoning Administrator, the permit shall become void and of no effect. No
building permits for further construction or Certificate of Occupancy/Compliance under the
Conditional Use Permit shall be issued, and the use of all completed structure shall
immediately cease and not thereafter be used for any purpose other than a use-by-right as
permitted by the zone in which the property is located.
73-6 In the discretion of the Zoning Administrator, Site Plans may be required to be submitted and
approved as part of the application for a Conditional Use Permit. Modifications of the original
plans may be made by the Board of Adjustment.
73-7 Site Plans may be required to include the location of existing and proposed buildings and
buildings 100 feet adjacent thereto, layout of parking spaces, street lights, signs, contours at
10-foot intervals, proposed points of ingress and egress, proposed screenings or plantings,
provisions for water and sewer disposal and vicinity map.
73-8 At the applicant's discretion, he or she may also submit a site specific development plan and
make application to the Board of Adjustment for a vested right status for the proposed use or
development project. Vested right status for the proposed use or development project may be
applied for jointly with the conditional use permit application or may be requested at a later
date.
73-8.1 Vested right status shall guarantee the right to develop according to the provisions of the
granted conditional use permit and approved site specific development plan for a period up to
and including two (2) years from the date of approval. Any guaranteed right to develop period
greater than two (2) years and up to a maximum of five (5) years shall be at the discretion of
the Board of Adjustment.
73-8.2 Vested right status for the proposed use or development project may be granted only after a
public hearing is conducted by the Board of Adjustment. Such public hearing may be
conducted in conjunction with the Board's public hearing on the conditional use permit
application or at the time application for a vested right is submitted. Notification and
advertisement of such public hearing shall occur in the same manner as is designated for
conditional use permit applications.
73-8.3 Approval of a site specific development and the granting of vested right status shall not occur
under circumstances where a variance from the provisions of this ordinance is necessary
except in cases where such variance has been previously applied for granted.
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73-8.4 The vested right granted under the approval of a site specific development plan is not a
personal right, but shall attach to and run with the applicable property. All development,
whether by the original applicant and/or landowner and/or successors, shall occur as originally
designated and approved on the site specific development plan unless modifications are
submitted to and approved by the Board of Adjustment.
73-8.5 The establishment of a vested right under an approved site specific development 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 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.
73-8.6 The establishment of a vested right under an approved site specific development plan shall
preclude the expiration of a building permit shall remain valid until the expiration or
termination of the vested right to develop period.
73-8.7 A vested right established by an approved site specific development 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; or
b. with the written consent of the applicant and/or landowner; or
c. upon findings by the Board of Adjustment, after 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 development plan; or
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
incurred after approval by the Board. Compensation shall not include any diminution in
the value of the subject property; or
e. upon findings by the Board of Adjustment, 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 alter the original approval of the Board of Adjustment of the
site specific development plan; or,
f. upon changes in state or federal law or regulation that preclude the proposed use or
development project as originally approved in the site specific development plan. The
owner and/or applicant shall have the opportunity in this instance to submit appropriate
applicable modifications to the original site specific development plan for the Board of
Adjustment's approval in order to allow the vested rights status for the use or development
project to remain valid.
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73-8.8 Nothing in this ordinance shall require the Board of Adjustment to grant a vested right to
develop in conjunction with the approval of a conditional use permit. Nothing shall preclude
subsequent reviews and approvals of site specific development plans by the board to ensure
compliance with the terms and conditions of the original approval, provided such reviews and
approvals are not inconsistent with the original approval. Nothing in this ordinance shall
prohibit the Board of Adjustment from the revocation of the original approval or from other
remedies for failure to comply with the applicable terms and conditions of all approvals or of
this ordinance. (Amended 11-18-91)
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SECTION 74 - PROCEDURE FOR SPECIAL USE PERMITS
(Amended 11-18-91, 11/06/95, 3/18/96, 11/3/97; 7/2/2003, 7/22/02; 9/02/2008; 8/2/2010)
74-1 Special Use Permits may be issued by the County Commissioners for the uses mentioned
under the Special Uses as pertains to each district.
A. An application for a Special Use Permit must be accompanied by a site plan, prepared by
a North Carolina registered land surveyor, engineer, or architect. The site plan, drawn to
scale, shall depict the following:
(amended 9/2/2008)
1) The boundary of the lot(s) to be developed labeled with bearings and distances, total
gross land area, location of easement(s), utilities, adjacent road name(s) and
number(s);
2) Name of project, property owner and applicant, vicinity map, north arrow, scale,
date of plan preparation and subsequent revisions dates;
3) Topography of site, at contour interval no greater than ten (10) feet, location of
perennial and intermittent waters, 100-year flood plains;
4) Location and approximate size of all existing and proposed buildings and structures
within the site and existing buildings and structures within five hundred feet adjacent
thereto;
5) Proposed points of ingress and egress together with the proposed pattern of internal
circulation;
6) Existing and proposed parking spaces;
7) Proposed provisions for water supply and sewage disposal;
8) If the site is located in a designated drinking water supply watershed, the plan shall
also:
(a) depict the location of existing (labeled according to the date of establishment)
and proposed impervious surfaces and respective totals in square feet;
(b) the total land area of the lot(s) outside of the road right-of-way(s) in square feet.
The property owner and/or applicant shall have the burden of proving that the proposed
special use will not materially injure the value of adjoining or abutting property.
B. In addition to requirements listed in Section 74-1A, a special use permit site plan for a
radio, telephone or television tower must show compliance with Note 9 of this ordinance.
(Amended 7/1/2002)
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74-1 continued
C. In addition to requirements listed in Section 74-1 A, a Special Use Permit site plan for a
camper/Recreational Vehicle Park must show compliance with the following in addition
to meeting the requirements of Section 81 (Site Plan Requirements):
1. A minimum lot size of two acres is required.
2. Density to be 2500 square feet for each tent or trailer space.
3. A minimum undisturbed fifty-foot buffer from all property lines.
4. Each campsite shall contain a stabilized parking pad of either pavement or gravel
and one off-street parking space.
5. A sanitary source of drinking water shall be not more than 200 feet, toilet facilities
not more than 400 feet and wash houses not more than 1500 feet from any tent or
trailer space. This provision shall not apply where community water and sewer
connections are provided to trailers having self-contained kitchens and bathroom
facilities. (Added 8/2/2010)
Upon receiving such application, the Zoning Administrator shall give notice of a public hearing on the
application, in the same manner as is required for the hearing on an amendment to this ordinance.
(Section 160-Amendment) (Amended 07/22/2002)
74-2 The County Commissioners shall hold a public hearing at which all interested persons shall
be permitted to testify. (Amended 07/22/2002; 01/06/2020)
74-3 The County Commissioners shall consider the application and may grant or deny the Special
Use Permit requested. The Special Use Permit, if granted, shall include such approved plans
as may be required. In granting the permit, the County Commissioners shall find:
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.
(2) that the use will not substantially injure the value of adjoining or abutting property, or
that the use is a public necessity, and
(2) 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. (Amended (01/06/2020)
74-4 In granting the permit, the Planning Board may recommend and the County 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. (Amended (01/06/2020)
74-5 If the County Commissioners denies the permit, each body shall enter the reasons for its action
in the minutes of the meeting at which the action is taken.
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74-6 No appeal may be taken to the Board of Adjustment from the action of the County
Commissioners in granting or denying a Special Use Permit. Any such action by the County
Commissioners shall be considered as the equivalent of action on a proposed zoning
amendment and shall be reviewable only in the same manner as action on a proposed
amendment.
74-7 In addition to the specific conditions imposed by the regulations in this Article and whatever
additional conditions the County 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.
74-8 In the event of failure to comply with the plans approved by the County Commissioners or
with any other conditions imposed upon the Special Use Permit within a reasonable time in
the opinion of the Zoning Administrator, the permit shall thereupon become void and of no
effect. No building permits for further construction or certificates of occupancy under this
Special Use shall be issued.
74-8.1 At the applicant's discretion, he or she may also submit a site specific development plan and
make application to the Planning Board and County
Commissioners for a vested right status for the proposed use or development project. Vested
right status may be applied for jointly with the special use permit application or may be
requested at a later date.
74-8.2 Vested right status shall guarantee the right to develop according to the provisions of the
granted special use permit and approved site specific development plan for a period up to and
including two (2) years from the date of approval. Any guaranteed right to develop period
greater than two (2) years and up to a maximum of five (5) years shall be at the discretion of
the County Commissioners.
74-8.3 Vested right status for the proposed use or development project shall be granted only after a
public hearing is conducted by the Planning Board and County Commissioners. Such public
hearing may be conducted in conjunction with the Boards' public hearing on the special use
permit application or at the time application for vested right is submitted. Notification and
advertisement of such public hearing shall occur in the same manner as is designated for
special use permit applications.
74-8.4 Approval of a site specific development plan and the granting of vested right status shall not
occur under circumstances where a variance from the provisions of this ordinance is necessary
except in cases where such variance has been previously applied for and granted.
74-8.5 The vested right granted under the approval of a site specific development plan is not a
personal right, but shall attach to and run with the applicable property. All development,
whether by the original applicant and/or landowner and/or their successors, shall occur as
originally designated and approved on the site specific development plan unless modifications
are submitted to and approved by the Board of County Commissioners.
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74-8.6 The establishment of a vested right under an approved site specific development 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 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.
74-8.7 The establishment of a vested right under an approved site specific development plan shall
preclude the expiration of a building permit and such building permit shall remain valid until
the expiration or termination of the vested right to develop period.
74-8.8 A vested right established by an approved site specific development 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; or
b. with the written consent of the applicant and/or landowner; or
c. upon findings by the County 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 development plan; or
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
incurred after approval by the Board. Compensation shall not include any diminution in
the value of the subject property; or,
d. upon findings by the County 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 County Commissioners of the
site specific development plan; or,
f. upon changes in state or federal law or regulation that preclude the proposed use or
development project as originally approved in the site specific development plan. The
owner and/or applicant shall have the opportunity in this instance to submit appropriate
applicable modifications to the original site specific development plan for the Planning
Board and County.
Commissioners' approval in order to allow the vested rights status for the use or development
project to remain valid.
74.8.9 Nothing in this ordinance shall require the County Commissioners to grant a vested right to
develop in conjunction with the approval of a special use permit. Nothing shall preclude
subsequent reviews and approvals by either Board of site specific development plans to ensure
compliance with the terms and conditions of the original approval, provided such reviews and
approvals are not inconsistent with the original approval. Nothing shall prohibit the County
Commissioners from the revocation of the original approval or from other remedies for failure
to comply with the applicable terms and conditions of all approvals or of this ordinance.
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74-9 MODIFICATIONS OF SPECIAL USE PERMITS
The Zoning 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 Zoning 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;
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.
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SECTION 725 - TABLE OF DIMENSIONAL REQUIREMENTS
(Amended 9/16/91, 2/1/93, 6/15/98, 1/07/02; 8/4/08; 9/6/16; X/X/21)
Without Central
Water & Sewer
With Central
Water
With Central
Sewer
With Central
Water & Sewer
Planned Building
& Group
Minimum Lot Size
in Square Feet 43,560 20,000 15,000 6,000 8,000 sq. ft.
(see note #1)
Minimum Lot Width
in Feet 100 100 75 60 100
Minimum Front Yard
requirement
When property abuts
US/NC Highways
(see notes 2,5,6,7,8)
40* 40* 40*
40*
60
All other road types
(see note 2,5,6,7,8) 25* 25* 25* 25*
Minimum Side Yard
Requirement
(See Note 1,2,6,7,8)
20 15 10 8 15 feet
(see note #2)
Corner Lot Minimum
Side Yard Requirement
When property abuts
US or NC highway
(See Note 4,6,8)
40*
40*
40*
40*
60*
Corner Lot Minimum
Side Yard Requirement
All other road types
(See Note 4,6,7)
25* 25* 25* 25*
Minimum Rear Yard
(See note 4,5,6,7,8) 25 25 15 10 25
Double Frontage Lots
Minimum Rear Yard
*(See Note 3,6,7,8)
50* 50 35 25 25
Building Heights 50** 50** 50** 50** 50**
* From right-of-way
** Structures for light or heavy industrial (LI or HI) uses not subject to height restrictions but must
submit certification that proposed building height meets the ability of local fire and rescue teams to
serve the facility. Certification in the form of a letter signed by the fire inspector. Uses not included
in the Light or Heavy Industrial category exceeding 50 feet may apply for a special permit for approval.
The following uses are not controlled by the height limitation: belfries, spires, cupolas, domes,
monuments, observation towers, chimney, smokestacks, water towers, conveyors, flag poles, television
and radio masts, aerials, and towers.
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LANDSCAPING AND BUFFERS
To mitigate health, safety, and welfare concerns, landscaping and buffers may be required as a
condition of approval for projects requiring a Special Use Permit.
For Industrial Uses located adjacent to or across any right of way from residential properties, a
vegetative buffer is required.
For heavy industrial uses, the buffer shall be at least 150’ wide
For light Industrial Uses, the buffer shall be at least 50’ wide
Buffers shall include at a minimum, evergreen shrubs and a combination of deciduous and evergreen
trees.
Every 500 square feet of buffer shall include one evergreen or deciduous tree that shall have a
height and spread of at least 30’ within 10 years; and,
5 evergreen shrubs, or 3 evergreen and 2 deciduous shrubs, with a height and spread of at least
5’ in 10 years.
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.
Landscape plans shall be completed by a registered landscape architect or licensed landscape designer.
NOTES:
1. 8,000 square feet for the first two dwelling units and 2,500 sq. ft. for each additional dwelling
unit.
2. Minimum setback for the first story and 10 additional feet for each additional unit.
3. Zero (0) yard requirement adjacent to the contour line of Hyco Lake, Lake Roxboro (located on
the Person/Caswell County line) and Mayo Lake.
4. Measured from the closest point of the building to the property line or right-of-way.
5. No structure need be setback more than the average of the two (2) directly adjacent primary use
structures on either side.
6. Uncovered stoops, decks and steps may extend into any required yard area no more than one
half the required yard depth or width for lots without central water and sewer and with central
water except no encroachment will be allowed adjacent to US or NC Highways. (Added
08/04/2008; 01/06/2020)
7. Unless otherwise specified in this ordinance, accessory buildings may be allowed within five
(5) feet of rear and side yard lot lines. See Note 8 if property is located on an NC or US route.
(Amended 6/3/2013)
8. Accessory structures may be placed in the front yard, if at least 25ft from the front property
line. For lots located on NC and US highways, accessory structures may be placed in the front
yard, if at least 40ft from the front property line. (Added 6/3/2013)
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SECTION 7376 - SETBACK REQUIREMENTS
(Amended 9/6/2016; X/X/21)
76-1 73-1 Where a B-1, B-2, or GI District abuts the R district all business or industrial uses which
abut said districts shall be set back a minimum of 50 feet from the abutting exterior property lines.
76-1 73-2 Setbacks shall be measured:
76-1.2 73-2.1 From the property line
76-1.3 73-2.2 From the road right of way
76-1.4 73-2.3 From the edge of the structure to the property line or other legal boundary
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SECTION 747 CLUSTER DEVELOPMENT
(Added 8/1/2005; Amended: 12/07/09; X/X/21)
7477-1 PURPOSE
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 protect significant natural areas
and environmentally sensitive areas, and to preserve important historic resources.
7477-2 MINIMUM SUBDIVISION SITE SIZE
Clustering of lots shall not be allowed on any tract of land less than ten (10) acres in size.
7477-3 MINIMUM LOT SIZE
All lots shall be a minimum of 6,000 square feet of usable land (not to include any right of way
or easements). For single-family or multi-family attached structures, there shall be no minimum
lot area. (Amended: 12/07/09)
7477-4 SETBACK REQUIREMENTS
A. The minimum building setbacks for single family detached dwellings are as follows:
Front yard on Subdivision main artery; 25 feet
Front yard on cul-de-sac or parking lots; 10 feet
Rear yard; 15 feet
Side yard; 8 feet
B. Minimum building setback for single family attached dwellings or multifamily structures
are as follows:
Front yard; 25 foot minimum for single family detached. Multi-family; 25 foot
minimum for first story and 10 additional feet for each additional story.
Rear yard; 10 feet
Side yard; can be reduced to zero
All setbacks shall be shown on the plat.
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7477-5 ACCESSORY STRUCTURES
A. Accessory Structures are allowed only on lots of 20,000 square feet or more and only one
structure per lot.
B. All setbacks for accessory structures must be in compliance with Section 75.
7477-6 MINIMUM ROAD DESIGN
Roads may be designed to meet NCDOT specifications for subdivisions, Traditional
Neighborhood Development Guidelines (TND) or to a lesser design approved by the County
Commissioners. All roads are to 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.
All Cluster Development shall have access off of a NCDOT Secondary Road, State or Federal
Highway.
7477-7 OPEN SPACE
Land within the subdivision site not contained in lots, streets, or utility easements, shall be in
one or more parcels dedicated or reserved as permanent open space. The total are of parcels
dedicated or reserved as permanent open space shall make up at least thirty (30) percent of the
subdivision.
A. The open space shall be subject to a Conservation Easement conveyed to Person County
setting aside the said open space from future development and, in areas subject to Watershed
Ordinances, the said conservation easement shall limit use as it relates to water quality
regulations. The title to the open space shall be conveyed to a property owner’s association,
homeowners’ association or other legal entity (public agency or nonprofit organization) that
is capable of and willing to accept responsibility for managing open space for its intended
purpose.
B. Ownership of the Open Space is not restricted but any transfer of ownership of this property
is subject to the conservation easement and any other conditions of the special use permit
which created the Open Space.
C. The design of the open space shall consider protecting water quality, conserving farm and
forest land, providing wildlife habitat and preserving the natural aesthetics of the area.
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ARTICLE VIII
SECTION 80 - PLANNED BUILDING GROUP REGULATIONS
Commercial and Residential
(Amended 5/6/2002)
80-1 A planned building group shall be a special use. The development shall be on a minimum of
a 2-acre lot. It shall be exempt from the lot and yard dimensional requirements of this
ordinance provided that the intensity of the development is no greater and the preservation of
open spaces no less than allowed for other development in the same district. (Revised 1/11/96)
80-2 Proposals for planned building groups (exclusive of mobile home parks) shall be submitted
to the Planning Department at least four (4) weeks prior to the regular monthly Board of
Commissioners meeting at which it is to be reviewed. A planned building group shall be
permitted only upon approval of the County Commissioners. (Amended 01/06/2020)
The following Planned Group Regulations shall be adhered to:
A. Site Plans are required and must show the following:
1) Proposed provisions for storm drainage and sanitary sewage as approved by the
appropriate governmental agency.
2) Size and proposed location of any signs.
3) Proposed water system and firefighting facilities such as hydrants and sprinkler
connections.
4) Proposed solid waste facilities.
5) The location, dimensions and type of surfacing for drives, sidewalks, malls, etc. All
parking and travel ways to be paved. (Amended 5/6/2002)
6) The location and heights of all fences, walls and hedges.
7) Show proposed water and sewer lines and size. (Amended 5/6/2002)
8) Lighting plans inclusive of wattage and illumination.
9) Location of traffic control devices.
10) Location and amount of recreation areas.
11) Location and approximate size of existing and proposed structures within the site and
all buildings and structures within 500 feet in addition to public or private easements
or right-of-ways adjoining or intersecting such property.
12) Location and extent of proposed parking and loading areas.
13) Land contours at 10-foot intervals.
14) Proposed points of ingress and egress and proposed patterns of internal automobile
and pedestrian circulation.
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80-2(A) continued
15) Proposed schedule of development.
Upon the recommendation of the Planning Department, the Board of County
Commissioners may require submission of the following information as a condition
to the granting of a Planned Building Group/Special Use Permit:
1) The slope, grade and cross-section of drives, sidewalks, malls, etc.
2) Profiles of publicly maintained water and sewer lines.
3) Profiles, cross-sections and slopes of on-site and off-site ditches carrying water
run-off.
4) Erosion and Sediment Control Plans. (amended 5/6/2002)
B. Parking and loading
Off-street parking shall be provided in ratio to two and one-half (2 1/2) spaces per family
unit for residential groups and at a ratio of one-half (1/2) parking space per 100 square
feet of building area for planned business groups. One loading space for each 10,000
square feet of enclosed building space must be provided in planned commercial building
groups. All parking areas shall have a stabilized surface with parking spaces and traffic
lanes clearly marked.
C. Screening and fencing
A screen not less than six feet high of dense plant material and/or fence may be required.
D. Recreation areas for planned residential groups
Play areas shall be provided for all apartment and condominiums with over five (5)
dwelling units. A minimum play area of 2,000 square feet having a minimum width of 40
feet shall be provided for the first six (6) to twenty-five (25) dwelling units. An additional
fifty-six (56) square feet of recreation area shall be provided for each unit in excess of
twenty-five (25) units. The distribution and number of individual play areas shall be
determined by the arrangement of the units, topography and other physical features.
Swimming pools and their accessory areas shall not constitute any part of the open space
requirements and no part of the required play area shall be used for any other purpose.
E. There shall be maintained at least thirty (30) linear feet of open space between individual
buildings in a residential building group.
F. Where the length of a dead-end street exceeds two hundred (200) feet and where there
exists six (6) or more dwelling units, an area must be provided for the turnaround of fire
fighting vehicles on a stabilized surface. This area shall not be used for parking.
G. Locations for fire hydrants must be shown within 1000 feet, as measured along the access
drive from every dwelling unit in a residential building group. All hydrants must be served
by a water main of sufficient size. In no case shall the minimum size main be less than six
(6) inches in diameter.
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SECTION 81 – COMMERCIAL AND INDUSTRIAL SITE PLAN REQUIREMENTS
(Added 12/01/03; Amended 9/6/2016; 1/4/21)
Statement of Intent: The purpose of these requirements is to promote the orderly development of
certain activities within the county and to insure that such activities are developed in a manner
harmonious with surrounding properties and in the interest of the general public welfare. More
specifically, the site plan shall be used to review the project’s compatibility with its environment; to
review the ability of the project’s traffic circulation system to provide for the convenient and safe
internal and external movement of vehicles and pedestrians.
81-1 The Planning Director may waive any requirement of this article provided it is not adverse to the
purpose of this article and the applicant establishes that in his specific case an undue hardship
would result from a strict enforcement of this article, or that the requirement is unreasonable.
The Planning Director also may ask for additional information if deemed necessary by the
Director to evaluate the site.
81-2.1 Site Plan Specifications:
Every site plan shall be prepared in accordance with the following specifications:
1. Shall be prepared by a North Carolina registered land surveyor, engineer, architect or
landscape architect.
2. The proposed title of the project and the name of the engineer, architect, surveyor and/or
developer, the developer, and a signature panel for the Planning Director’s approval.
3. The north point, scale, date, and vicinity map. Tax Map and Parcel Number and
Township.
4. Existing zoning and zoning district boundaries on the property in question and on
immediately surrounding properties.
5. The present use of all contiguous or abutting properties.
6. The boundaries of the property involved by bearings and distances.
7. All existing property lines, existing streets, buildings, watercourses, waterways or lakes
and other existing physical features in or adjoining the project.
8. Topography of the project area with contour intervals of ten feet or less.
9. The location and sizes of sanitary and storm sewers, gas lines, water mains, culverts, and
other underground structures, and easements for these facilities. Location of proposed or
existing fire hydrants.
10. The location, dimensions and character of construction of proposed streets, alleys,
driveways and the location, type and size of ingress and egress to the site.
11. The location of all existing and proposed off-street parking and parking bays, loading
spaces and walkways, indicating types of surfacing, size, angle of stalls, width of aisles,
and a specific schedule showing the number of parking spaces. All parking and travel
ways shall be paved. Vehicular travel lanes or driveways shall not be less that twenty feet
in width for two-way traffic and twelve feet for one-way traffic. Non-residential
strucutresstructures without permanent on-site employees may be permitted to have a
twelve-foot wide paved or gravel vehicular travel lane or driveway. (Amended 1/4/21)
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12. The location, height, type and materials of all existing and proposed fences, walls, screen
planting and landscaping details of all buildings and grounds, and the location, height and
character of all outdoor lighting systems, inclusive of wattage and illumination.
13. The location of all proposed buildings and structures, accessory and main; number of
stories and height, proposed general use for each building; and the number, size and type
of dwelling units where applicable.
14. Proposed finished grading by contour supplemented where necessary by spot elevations.
15. One hundred year floodplain areas per Federal Emergency Management Agency
(FEMA)
16. The location, character, size, height and orientation of proposed signs.
17. The location and dimensions of proposed recreation, open space, and required amenities
and improvements.
18. Location of proposed solid waste facilities.
19. Proposed schedule of development.
20. Show total impervious surface. Show Best Management Practices where applicable.
21. Parking and Loading (see Section 110) for specific requirements.
22. Screening and Fencing. A screen not less than six feet high of dense plant material and/or
fence may be required (see Section 75 for additional guidance).
23. Where the length of a dead-end street exceeds two hundred (200) feet and where there
exists six (6) or more dwelling units, an area must be provided for the turnaround of fire
fighting vehicles on a stabilized surface. This area shall not be used for parking.
24. Locations of fire hydrants must be shown within 1000 feet, as measured along the access
drive from every dwelling unit in a residential building group. All hydrants must be
served by a water main of sufficient size. In no case shall the minimum size main be less
than six (6) inches in diameter.
25. When building heights exceed 50’ certified approval from the fire inspector is required
stating that the structure can be served by the local fire department.
26. The Planning Director may request the following information:
a. Slope. Grade and cross-section of drives, sidewalks, malls, etc.
b. Profiles of publicly maintained water and sewer lines.
c. Profiles: Cross-sections and slopes of on-site and off-site ditches carrying water
run-off.
d. Erosion and Sediment Control Plans.
e. Lighting plan for Light or Heavy Industrial (LI or HI uses).
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ARTICLE IX
SECTION 91 - AIRPORT OVERLAY DISTRICT REQUIREMENTS TO LIMIT HEIGHT OF
OBJECTS AROUND PERSON COUNTY AIRPORT
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 Executive 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 Person County Executive Airport;
(2) that it is necessary in the interest of the public health, public safety, and general welfare that the
creation or establishment of obstructions that are a hazard to air navigation be prevented; and,
(3) that the prevention of these obstructions should be accomplished, to the extent legally possible, by
the exercise of statutory authority without compensation.
91-1: RESERVED
91-2: AIRPORT ZONES
In order to carry out the provisions of this Section, there are hereby created and established
certain zones which include all of the land lying beneath the approach surfaces, transitional
surfaces, horizontal surfaces, and conical surfaces as they apply to Person County Executive
Airport. Such zones are shown on the Person County Airport Zoning 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 in the Person County Planning
Office. An area located in more than one of the zones is considered to be only in the zone
with the more restrictive height limitation.
91-3: AIRPORT ZONE HEIGHT LIMITATIONS
Except as otherwise provided in this Ordinance, no structure shall be erected, altered, or
maintained, and no tree shall be allowed to grow or property use permitted in any zone created
by this Ordinance to a height which exceeds the height limitations established by the surfaces
of these zones. These height restrictions supersede any other height restrictions in this
ordinance.
91-4: USE RESTRICTION
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.
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91-5: NONCONFORMING USES
1. Regulations Not Retroactive - The regulations prescribed in this Section 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
section adopted January 16, 1989, or otherwise interfere with the continuance of a
nonconforming use.
2. Marking and Lighting - The owner of any existing nonconforming 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 County Planner 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 the
County of Person.
91-6: PERMITS
1. Existing Uses - No permit shall be granted that would allow the establishment or creation
of an obstruction or permit a nonconforming 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.
2. Nonconforming Uses Abandoned or Destroyed - Whenever the County Planner
determines that a nonconforming tree or structure has been abandoned or more than 80
percent (80%) torn down, physically deteriorated, or decayed, no permit shall be granted
that would allow such structure or tree to exceed the applicable height limit or otherwise
deviate from the zoning regulations.
3. Variances - 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. The application for variance shall be accompanied by a determination from
the Federal Aviation Administration 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) days after receipt, the Board of Adjustment
may act on its own to grant or deny said application.
4. Obstruction Marking and Lighting - Any permit or 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 County of Person, at its own expense, to
install, operate, and maintain the necessary markings and lights.
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SECTION 92 - AIRPORT OVERLAY NOISE EXPOSURE DISTRICT
92-1 The Airport Overlay Noise Exposure District 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 Overlay District
Area shall be zoned General Industrial (GI) which will allow for compatible uses around the
Airport.
92-2 The AP Overlay District regulates the area surrounding the Airport that has noise levels that
may exceed 65 Ldn, as shown on the Official Zoning Map.
92-3 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 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.
92-4 The following uses shall not be permitted in the AP Overlay District:
o Churches, Temples, Synagogues
o Day Care Center
o Dwelling, Single-Family
o Manufactured Homes
o Modular Homes
o Funeral Homes
o Assemblies
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ARTICLE X
NONCONFORMING USES
SECTION 100 - INTENT
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 nonconforming uses
to continue until they are removed, but not to encourage their continuation. Any land use which was a
violation of predecessor Person County Planning Ordinances shall continue to be a violation of this
ordinance and shall not be considered as a nonconforming use.
SECTION 101 - CONTINUATION OF NONCONFORMING USES
(Amended 11-17-92, Amended 5-7-01; Amended 11/17/03; Amended 2/03/03; X/X/21)
101-1 Nonconforming uses may not be changed to another nonconforming use unless the Board of
Adjustment determines that such change shall be no more detrimental to the 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 nonconforming use.
101-2 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. (Amended 6/3/2013; 01/06/2020)
*101-3 Nothing in this ordinance shall be construed to prevent the reconstruction of any building,
conforming or nonconforming, damaged by any means. However, any nonconforming
building which is damaged may only be replaced by a structure of equal or smaller size and
square footage as that of the previous structure. No reconstruction or new construction shall
be allowed which creates any new or additional nonconformity than that which existed at the
time of damage. *(Amended 11/17/92)
101-4 If a nonconforming use is discontinued for a period of 180 consecutive days or for more than
eighteen months in any three-year period, the future use of the building or land must be a
conforming use.
101-5 A nonconforming use may be changed to a use of a higher classification and whenever the
use is changed to a higher or conforming classification then it shall not be allowed to change
to the original use or to a lower use. For the purposes of this section, the order of classification
of use, from the highest to the lowest shall be as follows: R, B-1, B-2, GI, and R-C.
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101-6 If a nonconforming structure or a conforming structure devoted to a nonconforming activity
is destroyed or damaged in any manner, to the extent that the cost of restoration to its condition
before the occurrence shall not exceed 60 percent of the cost of reconstructing the entire
structure based on the assessed structure value, as recorded by the County Tax Assessor, it
may be repaired or restored, provided such repair or restoration is started within six (6) months
of the damage and completed within twelve (12) months. However, any nonconforming
building which is damaged may only be replaced by a structure of equal or smaller size and
square footage as that of the previous structure. Relief to the time limits may be granted by
the Board of Adjustment.
(added 11/17/2003)
101-7 A nonconforming structure or a conforming structure devoted to a nonconforming activity
that is damaged by any casualty to an extent more than 60 percent of its assessed value, based
on County Tax Assessor records, shall not be restored except as follows:
A. As a conforming use.
B. If the use is a one-family dwelling, restoration shall be permitted.
C. For structures except a one family dwelling, restoration of a nonconforming structure
shall require approval by the Board of Adjustment. A site plan according to Section 80
will be required. In approving such permit, the Board will consider the stated purpose
for establishing the zoning district in which the structure in question, particularly the
other nonconforming uses, and the hardship which would result from a denial of the
Conditional Special Use Permit. The permit shall include conditions as to time for repair
to be completed and any other conditions deemed necessary to carry out the intent of
this section of the ordinance. (Amended 6/3/2013; X/X/21)
101-8 (Deleted 6/3/2013)
101-9 Nonconforming lots of record: 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 to the Planning Ordinance is required if the yard width or setback
requirements cannot be met. (Added 6/3/2013)
101-10 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 nonconforming lot of record subject to the provisions t forth in this section; and 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 nonconforming use or structure as that term is used in this ordinance.
(Added 6/3/2013)
101-11 When any nonconforming use is superseded by a permitted use, the use shall thereafter
conform to the regulations for this district, and no nonconforming use shall thereafter be
resumed. (Added 6/3/2013)
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SECTION 102 - REPAIRS AND MAINTENANCE
102-1 Nothing in this ordinance shall prevent the restoring or strengthening of a nonconforming
structure to a safe condition, provided that the square feet of the structure shall not be
increased.
102-2 Should any nonconforming structure be moved for any reason within the Zoning Jurisdiction
of Person County, it shall conform to the regulations for the district in which it is to be located.
SECTION 103 - NONCONFORMING LOTS OF RECORD
(Amended 2/1/93)
103-1 (Deleted 6/3/2013)
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ARTICLE XI
SECTION 110 - OFF-STREET PARKING AND LOADING
(Amended 3/8/99; 9/2/2008; Added 8/4/2008; Amended 9/6/2016)
110-1 Required off-street parking shall be provided on every lot or within a distance of 500 feet
from the lot if such parking space cannot be reasonably provided on that lot. Each application
for a Certificate of Occupancy/Compliance shall include information as to:
Location and dimensions of off-street parking and loading space;
Distance between that parking/loading space and street or alley;
Ingress and egress of the property.
110-2 An off-street parking space shall not be less than 9' x 18' per space. Twenty percent of
required parking spaces to be for compact cars with a minimum size of 7.5’ x 15’. (Added
8/4/2008, Amended 9/2/2008)
110-3 The following off-street parking space shall be provided: (Added 8/4/2008)
USE REQUIRED OFF-STREET PARKING
Residence-Single Family 2 spaces
Residence, Duplex 4 spaces
Residence, Multi-Family / Residential
Group 2 ½ Spaces for each dwelling unit
Offices 1 space for every 250 sq. ft. of gross floor area
Retail Business (Amended 11-18-91) .7 of a space for every 200 sq. ft. of gross floor area
Churches 1 space for every 5 seating spaces in principal sanctuary
Auditoriums, Stadiums and Theaters 1 space for every 5 seats
Motels, Tourist Homes and Boarding
Houses 1 space for every rental room
Hospitals and Nursing Homes 1 space for every bed space
Medical Clinics 4 spaces for each doctor plus 1 space for each employee
Wholesale Establishment, Warehouse and
other businesses not catering to retail or
package trade
1 space for every 3 employees during maximum
employment and 1 space for every truck to be stored or
stopped simultaneously
Light or Heavy Industrial (LI/HI)
1 space for every 1.5 employees during maximum
employment and 1 space for every truck to be stored or
stopped simultaneously
Institutions and Clubs 1 space for every 5 seats in principal assembly room
Community or Private Swimming Clubs 1 space for every 5 memberships
Day Care Center 1 space for each adult attendant and 1 space for every six
children or fraction thereof
Restaurants 1 space for each 5 seats
Assisted Living/Home for the Aged
(amended 3/8/99) 1 space for every 2 bed spaces
Independent Living Facility (age restricted)
(added 8/4/2008)
1 space per unit and 1 space per employee during
maximum employment
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ARTICLE XII
SIGNS
(Amended 3/17/97, 7/7/97, 7/2/2001)
SECTION 120 -- PURPOSE AND SCOPE
This article is intended to address the placement of signs within the county's jurisdiction for the
following purposes: to promote traffic safety; to prevent business and advertising signs from conflicting
with public safety signs; to ensure that permitted signs do not become a hazard or nuisance; to prevent
the overcrowding of land; to facilitate fire and police protection; to protect and enhance the value of
properties; to provide a pleasing overall environmental setting and good community appearance which
is deemed vital to the continued economic attractiveness of the county; and to promote the public safety
and welfare of the county.
SECTION 121 -- SIGN COMPLIANCE
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 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 N.C. Department of Transportation.
Any sign authorized in this article is allowed to contain non-commercial copy in lieu of any other copy.
(Amended 7/7/97)
SECTION 122 -- SIGNS EXEMPTED
The following signs shall be exempt from regulations under this article, regardless of whether they may
be considered "signs":
1. Commemorative tablets or signs, historical or memorial markers or monuments, erected by or with
the permission of the Person County Board of Commissioners, Roxboro City Council or the N.C.
Department of Transportation.
2. Any official traffic control or other public sign;
3. Lights and decorations with no commercial message temporarily displayed on traditionally adopted
civic, patriotic or religious holidays;
4. Signs carried by people;
5. Signs located on the interior of buildings, courts, lobbies, stadiums or other structures which are
not intended to be seen from the exterior of such structures; and,
6. Signs not visible from a public or private street.
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SECTION 123 - TEMPORARY SIGNS
The following temporary signs do not require a zoning permit; however, these signs shall conform to
the standards and provisions of this section and other applicable parts of this ordinance. Unless
otherwise stated herein, temporary signs shall not exceed forty (40) square feet in area per sign face, or
have more than one sign face per direction of travel or exceed six (6) feet in height.
1. Real estate signs.
2. Construction site identification signs.
3. Seasonal Agricultural Signs. Such signs may be erected for the purpose of advertising and directing
potential patrons to the seasonal sale of agricultural products produced and offered for sale at bona
fide farming operation. Seasonal agricultural signs may be erected not sooner than 30 days before
the normal sales or harvest season and must be removed within 30 days after the normal sales or
harvest season.
4 Signs erected in connection with elections or political campaigns. Political signs shall not be erected
before the established filing date for an election nor allowed to remain longer thirty (30) days after
the election.
5. Signs indicating that a special event such as a grand opening, fair, carnival, circus, festival, air
show, fundraiser, or similar event is to take place. Such signs may be erected not sooner than 30
days before the event and must be removed not later than 30 days after the event.
6. Yard sale sign. A sign not exceed 6 square feet may be erected not sooner than two weeks before
the event and must be removed not later than three days after the event.
7. Signs affixed to windows of vehicles displaying information on the terms of sale for said vehicles.
SECTION 124 -- ON-PREMISE SIGNS
(Added 7/2/2001)
An on-premise sign shall be an accessory use incidental to the principal land use; an on-premise sign
shall specifically comply with the following:
1. Area. The maximum area of all free standing on-premises signs shall be 300 square feet. The area
shall mean the surface area of a sign as computed in accordance with Section 131 herein.
2. Height. The maximum height of a free standing on-premise sign shall be 30'. The height shall mean
the height of a sign as determined in accordance with Section 131 herein.
3. Setback. An on-premises sign shall meet the minimum setback requirement of fifteen (15) feet.
(Amended 11/17/2003)
4. Number Permitted. One free standing on-premises sign shall be permitted per street frontage of a
zoning lot.
5. For permitted commercial/industrial uses, total sign area for building-mounted signs on building
housing only one (1) tenant shall not exceed in the aggregate two (2) square feet of sign area for
each lineal foot of building frontage. No such sign shall be required to be less than four (4) square
feet, nor shall it exceed two hundred (200) square feet. Where frontage is on more than one street,
each frontage shall be considered a separate frontage for the purpose of this section. (added
7/2/2001)
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SECTION 124 -- ON-PREMISE SIGNS continued
6. On lots containing buildings housing more than one tenant, sign area for building-mounted signs
for each tenant shall not exceed two (2) square feet for each lineal foot of building frontage occupied
by the tenant, with a maximum sign area for that respective tenant of two hundred (200) square
feet. (Added 7/2/2001)
7. For Planned Building Groups, building-mounted signs are allowed for each tenant and shall not
exceed two (2) square feet for each lineal foot of building. Signage to be approved in the Special
Use Permit process (Article VIII, Section 80). (Added 7/2/2001)0
8. Awning signs are permitted provided that such sign shall be limited to the drop leaf portion and the
maximum sign area is forty (40) square feet per sign. The area of all permitted awning signs shall
be included in the area allowed for building-mounted signage. (Added 7/2/2001)
9. Marquee signs are permitted and may extend the full length of the marquee on theaters, auditoriums
and assembly halls. Height of the message area may not exceed eight (8) feet and sign area may
not exceed 200 square feet. Only one marquee sign per each establishment. (Added 7/2/2001)
10. Fuel canopy signage is permitted provided the signage is limited to logo signs and shall not exceed
twelve (12) square feet per canopy side. Signage is not allowed to exceed beyond the vertical edge
of the canopy. (Added 7/2/2001)
11. This section shall be deemed complied with if such on-premise signs are specifically included as
part of sign plan approved as condition of, or pursuant to a special use permit.
SECTION 125 -- HOME OCCUPATION SIGNS
A home occupation shall be permitted one sign professional or announcement sign per dwelling unit
not exceeding six (6) square feet in area.
SECTION 126 -- SUBDIVISION AND MULTI-FAMILY DEVELOPMENT ENTRANCE
SIGNS
At any entrance to a residential subdivision or multi-family development, there may be not more than
two ground signs to identify or identifying such subdivision or development. A single face of any such
sign may not exceed 16 square feet, nor may the total surface area of all such signs located at a single
entrance exceed 32 square feet.
SECTION 127 -- INDUSTRIAL PARK ENTRANCE SIGNS
At any entrance to an industrial park, there may not be more than two ground signs identifying the park.
A single face of any such sign may not exceed 100 sq. ft., nor may the total surface area of all such
signs located at a single entrance exceed 150 square feet.
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SECTION 128 -- OFF-PREMISE ADVERTISING SIGNS
Off-premise advertising signs are permitted in accordance with the following provisions:
1. Area. The maximum area of an off-premise advertising sign shall 378 square feet per sign face, one
sign face per directional flow of traffic. Signs may be back to back or "V- type" construction.
The area of the sign shall be computed by means of the smallest square, circle, rectangle, triangle
or combination thereof which will encompass the extreme limits of the writing, representation,
emblem, or other display, together with any material or color forming an integral part of the
background of the display or used to differentiate the sign from the backdrop or structure against
which it is placed, but not including any supporting framework, bracing, ornamental base or trim.
2. Height. The maximum height of an off-premise advertising sign shall be 30'. Said 30' shall be
measured from: (i) the higher of the unaltered grade of the terrain of the sign location or (ii) the
elevation of the grade of the road shoulder perpendicular to the sign, whichever is higher, to the
uppermost part of the sign or sign structure, whichever is higher.
3. Setback. An off-premise advertising sign shall comply with the following minimum setbacks
requirements:
a. In General Industrial (GI), Highway Business (B-1), and Neighborhood Business (B-2) an off-
premise advertising sign shall be set back a minimum of 15' from the road right-of-way and 15'
from the side property lines; and
b. In a Rural Conservation (RC) Zoning District an off-premise advertising sign shall be set back
a minimum of 15' from the road right-of-way, and 50' from the side property lines.
4. Spacing from Other Off-Premise Advertising Signs No off-premise advertising sign shall be located
closer than 1400' from any other off-premise advertising. A sign on the opposite side of the road or
highway shall not be located closer than 400 feet to an off-premise sign already erected. These
distances are to be measured along the edge of the pavement between the closest points of the sign
from a line drawn perpendicular to the edge of the pavement to the edge of the sign.
5. Spacing from Other Structures or Land Uses. No off-premise advertising sign shall be placed within
300' of any zoning lot used for a school or public park.
6. Allowed Use. Notwithstanding other provisions of this ordinance, off-premise advertising signs
shall be allowed as a principal or accessory use incidental to the principal land use when erected in
a Highway Business (B-1), Neighborhood Business (B-2), Rural Conservation (RC), or General
Industrial (GI) Zoning District.
7. Most restrictive provisions apply. When or if any portion of this ordinance is in conflict with any
applicable state or federal regulations or statutes, the more restrictive provisions shall apply.
8. A property owner may not create a lot after March 17, 1997, that does not meet minimum lot size
requirements for the purpose of placing an off-premise advertising sign on it.
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SECTION 128 -- OFF-PREMISE ADVERTISING SIGNS continued
9. Zoning Permit Required: A zoning permit shall be obtained from the Zoning Administrator prior to
the placement of an off-premises advertising sign. Each request for a zoning permit shall be
accompanied by a:
a. Recorded survey plat or a survey prepared by a registered land surveyor, if available,
showing accurate dimensions of the lot to be built upon and the proposed sign location.
b. In the absence of the above, the proposed sign location may be hand drawn on the applicable
lot depicted on a copy of an official Person County tax map.
c. Tax map reference number and parcel number of the lot to be built upon;
d. To scale drawing of the proposed sign and sign structure; (Note: More detailed structural
information may be required when applying for applicable permits (i.e., building, electrical)
from the Person County Inspection Department. Pursuant to the N.C. State Building Code,
the erector of the sign shall submit to the building official a design and stress diagram or
plan, containing the necessary information to enable the building official to determine that
such sign complies with all the regulations of the code.)
e. Zoning Permit Fee.
SECTION 129 -- OFF-PREMISE DIRECTIONAL SIGNS
Off-premise directional signs do not require a zoning permit; however, these signs shall conform to the
standards of this article and other applicable parts of this ordinance. An off-premise directional sign
which does not meet such provisions of this article shall be considered in violation of the ordinance.
An off-premise directional sign shall not exceed thirty-two (32) square feet in area per sign face, or
have more than one sign face per directional flow of traffic, or no more than two (2) sign faces per sign
structure, or exceed six (6) feet in height.
Not more than three (3) off-premise directional signs shall contain directions to the same business or
activity.
SECTION 130 -- SIGN ILLUMINATION
Signs must be effectively shielded to prevent beams or rays of light from being directed toward any
portion of a traveled road, and must not be of such intensity or brilliance or glare or impair the vision
of the driver of any motor vehicle or otherwise interferes with any driver's operation of a motor vehicle.
No sign shall be so illuminated that it interferes with the effectiveness of or obscures an official traffic
sign, device or signal. All illuminated signs or structures shall be placed so as to prevent the light rays
or illumination from being cast directly on any residence.
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SECTION 131 -- COMPUTATIONS
The area and height of a sign shall be computed as follows:
1. Area of Individual Signs. The area of a sign shall be computed by means of the smallest square,
circle, rectangle, triangle or combination thereof which will encompass the extreme limits of the
writing, representation, emblem, or other display, together with any material or color forming an
integral part of the background of the display or used to differentiate the sign from the backdrop or
structure against which it is placed, but not including any supporting framework, bracing,
ornamental base or trim.
If the sign consists of more than one section or module, all of the area, including that between
sections or modules, shall be included in the computation of the sign area.
2. Multi-Faced Signs - Computation of Area. For multi-faced signs, the sign area shall include all sign
faces visible from any one (1) point. When two (2) identical sign faces are placed back to back so
that both faces cannot be viewed from any point at the same time, and when the backs for such sign
faces are part of the same sign structure and are not more than forty-two (42) inches apart, the sign
area shall be computed by the measurement of one (1) of the larger faces.
3. Height. Height shall be measured from: (i) the higher of the unaltered grade of the terrain of the
sign location or (ii) the elevation of the grade of the road shoulder perpendicular to the sign,
whichever is higher, to the uppermost part of the sign or sign structure, whichever is higher.
SECTION 132 -- PROHIBITED SIGNS
(Revised 11/5/01)
The following signs are prohibited:
1. Any non-governmental sign which resembles a public safety warning or traffic sign;
2. Signs with animated, blinking, chasing, flashing or moving effects except as used to display time,
temperature and messages on an electronic message board, no signs shall contain flashing lights.
(Revised 11/5/01)
3. Animated, rotating, or other moving or apparently moving signs. (Revised 11/5/01)
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SECTION 133 - SIGN MAINTENANCE
All signs 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 section
and the North Carolina State Building Codes.
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 nonconforming condition.
A sign face shall be in a state of disrepair when more than twenty (20%) of its' total surface is disfigured,
cracked, ripped or peeling paint or poster paper, or any combination of these conditions.
No sign shall be allowed to stand with bent or broken sign facing, broken supports, loose appendages
or struts.
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.
No illuminated sign shall be allowed to operate with partial illumination.
SECTION 134 -- NONCONFORMING SIGNS
All signs made nonconforming by this article, but which were lawfully established may continue
provided that no such sign shall be: changed or replaced with another nonconforming sign except that
copy may be changed on an existing sign; expanded; relocated except in conformance with the
requirements of this ordinance; reestablished after damage or destruction in excess of sixty percent (60)
percent of the fair market value immediately prior to the time of the damage or destruction; modified
in any way which increases the sign's degree of nonconformity; or reestablished after the sign structure
has been removed.
As soon as reasonably possible after the effective date of this amendment, the zoning administrator
shall make every reasonable effort to identify all the nonconforming signs with the county's planning
jurisdiction.
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ARTICLE XIII
ADMINISTRATION, ENFORCEMENT, PENALTIES, AND RIGHT OF APPEAL
ADMINISTRATIVE POWERS AND DUTIES (Amended X/X/21)
SECTION 140 - ADMINISTRATION
140-1 DUTIES - Duties assigned to staff may include, but are not limited to, drafting and implementing
plans and development regulations to be adopted pursuant to this Ordinance; determining whether
applications for development approvals are complete; receipt and processing applications for
development approvals; providing notices of applications and hearings; making decisions and
determinations regarding development regulation implementation; determining whether applications
for development approvals meet applicable standards as established by law and local ordinance;
conducting inspections; issuing or denying certificates of compliance or occupancy; 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; and any other actions that may be required in order adequately to enforce the laws and
development regulations under their jurisdiction. A development regulation may require that designated
staff members take an oath of office. The local government shall have the authority to enact ordinances,
procedures, and fee schedules relating to the administration and the enforcement of this Ordinance. The
administrative and enforcement provisions related to building permits set forth in N.C.G.S. Article 11
shall be followed for those permits (N.C.G.S. 160D-402).
140-2 - CONFLICT OF INTEREST - 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 the staff member 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 section, 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. 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. No staff member or
other individual or an employee of a company contracting with a local government to provide staff
support shall engage in any work that is inconsistent with his or her duties or with the interest of the
local government, as determined by the local government (N.C.G.S. 160D-109)
SECTION 135 - ZONING ENFORCEMENT OFFICER
135-1140.3 The Zoning Enforcement Officer who shall be appointed by the Person County Board
of Commissioners is duly charged with the enforcement of the provisions of this ordinance.
If the Zoning Enforcement Officer finds that any of the provisions of this ordinance are being
violated, he shall notify in writing the person(s) responsible for such violations, indicating the
nature of the violation and ordering the action(s) necessary to correct it. He 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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SECTION 136 - ZONING PERMIT
(Amended 11-18-91, 3/17/97)
SECTION 141 APPROVALS AND COMPLIANCE
141-1 ZONING PERMIT (Amended 11/18/91; 3/17/97; X/X/21)
a) 136-1 Unless otherwise stated in this ordinance, no building, structure (a sign is considered a
structure) or any part thereof designed or intended to be used for other than farm or agricultural
purposes, shall be erected or altered until Zoning permit has been issued by the Zoning
Administrator or authorized representative. (Amended 3/17/97)
b) 136-2 Each application for a Zoning Permit shall be accompanied by a plat, 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 of this ordinance. An accurate record of such applications and plats,
together with a record of the action taken thereon shall be kept in the office of the Person County
Planning Department. The Zoning Enforcement Officer may waive any of these application
requirements.
c) 136-3 Zoning Permit Application Issuance. Any zoning permit shall become invalid unless the
work authorized by it shall have been commenced within six (6) months of the date of issue, or
if the work authorized by it is suspended or abandoned for a period of one (1) year. The zoning
permit shall become invalid if the work authorized by it is not completed within one (1) year of
the date of issuance of the zoning permit. Application may be made to the Zoning Administrator
for a new zoning permit to replace any permit which becomes invalid under this section. In the
event a new permit is denied by the Zoning Administrator, an appeal may be made to the Board
of Adjustment.
136-4 At the applicant's discretion, he or she may also submit a site specific development plan and
make application to the Planning Board for a vested right status for the proposed use or
development project. Vested right status may be applied for jointly with the zoning permit
application or may be requested a later date.
136-4.1 Vested right status shall guarantee the right to develop according to the provisions of the
granted zoning permit and approved site specific development plan for a period up to and
including two (2) years from the date of approval. Any guaranteed right to develop period
greater than two (2) years and up to a maximum of five (5) years shall be at the discretion of
the Planning Board.
136-4.2 Vested right status for the proposed use or development project shall be granted only after a
public hearing is conducted by the Planning Board. Notification and advertisement of the
public hearing shall occur in the same manner as is designated for a zoning change in this
ordinance.
136-4.3 Approval of a site specific development plan and the granting of vested right status shall not
occur under circumstances where a variance from the provisions of this ordinance is necessary
except in cases where such variance has been previously applied for and granted.
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136-4.4 The vested right granted under the approval of a site specific development plan is not a
personal right, but shall attach to and run with the applicable property. All development,
whether by the original applicant and/or landowner and/or their successors, shall occur as
originally designated and approved on the site specific development plan unless modifications
are submitted to and approved by the Planning Board.
136-4.5 The establishment of a vested right under an approved site specific development 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 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.
136-4.6 The establishment of a vested right under an approved site specific development plan shall
preclude the expiration of a building permit and such building permit shall remain valid until
the expiration or termination of the vested right to develop period.
A vested right established by an approved site specific development 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; or
b. with the written consent of the applicant and/or landowner; or
c. upon findings by the Planning Board after a public hearing in which reasonable notice and
advertisement are given, that natural or manmade 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
development plan; or
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
incurred after approval by the Planning Board. Compensation shall not include any
diminution in the value of the subject property; or
136-4.6 continued
e. upon findings by the Planning Board, 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
alter the original approval of the Zoning Enforcement Officer of the site specific
development plan; or
f. upon changes in state or federal law or regulation that preclude the proposed use or
development project as originally approved in the site specific development plan. The
owner and/or applicant shall have the opportunity in this instance to submit appropriate
applicable modifications to the original site specific development plan for the Planning
Board's approval in order to allow the vested rights status for the use or development
project to remain valid.
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136-4.7 Nothing in this ordinance shall require the Planning Board to grant a vested right to develop
in conjunction with the approval of a zoning permit. Nothing shall preclude subsequent
reviews and approvals of site specific development plans by the Board to ensure compliance
with the terms and conditions of the original approval, provided such reviews and approvals
are not inconsistent with the original approval. Nothing in this ordinance shall prohibit the
Planning Board from the revocation of the original approval or from other remedies from
failure to comply with the applicable terms and conditions of all approvals or of this
ordinance.
SECTION 137 - PERMIT OF OCCUPANCY/COMPLIANCE
141-2 PERMIT OF OCCUPANCY/ COMPLIANCE
a) 137-1 No land shall be used or occupied, except for farm purposes, and no building or structure
erected or altered shall be used or changed in use for other than farm purposes until a Permit of
Occupancy/Compliance has been issued by the Zoning Enforcement Officer stating that the
building and/or the proposed use complies with the provisions of this ordinance. A permit of
the same shall be required for the purpose of changing any existing use as well as for
maintaining, reviewing, changing or extending any nonconforming use. The aforementioned
Permit shall be applied for coincidentally with the application for a Zoning Permit and shall be
issued within ten (10) working days after notification to the Zoning Enforcement Officer of
completion of the erection or alterations of such building or part in conformity with the
provisions of this ordinance. A record of all such certificates shall be kept on file in the office
of the Zoning Enforcement Officer(s), and copies shall be furnished, upon request, to any person
having a proprietary or tenancy interest in the building or land.
b) 137-2 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 for a
building or use at that location. No gas, electric, or water company or municipal department
shall provide utility service or install a meter in any building or premise or part thereof hereafter,
created, erected, changed, converted, altered or enlarged, wholly or part in its use or structure
unless a Certificate of Compliance shall have been issued thereof.
c) PERFORMANCE GUARANTEES
1. In the event that the required improvements or construction has not been completed prior to
the final zoning inspection, the developer shall guarantee the completion of the required
improvements in a development by means of a bond with surety or other guarantees
satisfactory to the County Manager or his/her designee in an equal amount to one-hundred
ten percent (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 one hundred percent (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 ten percent (25%) allowed under this section
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:
a) Filing a performance or surety bond with the developer/property owner as principal
and a surety approved by the County Manager or his/her designee upon
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recommendation of the County Engineer; and in an amount approved by the County
Manager or his/her designee upon recommendation of the County Engineer, or,
b) Depositing or placing in escrow a certified check or cash in an amount to be
determined by the County Manager or his/her designee upon recommendation of the
County Engineer. Portions of the security deposit may be released as the work
progresses, or,
c) 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 his/her
designee upon recommendation of the County Engineer, or,
d) Other form of guarantee that provides equivalent security to a surety bond or letter
of credit. (SL 2019-79 SB 313)
2. 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. (SL 2019-79 SB 313)
3. 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 section. (SL 2019-79 SB 313)
4. 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, 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
subsection and shall include the total cost of all incomplete improvements. (SL 2019-79 SB
313)
5. 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 Zoning Administrator. The reduction shall not exceed 75% of the said
original bond or guaranty.
6. When the required improvements have been completed the developer shall notify the
Planning and Zoning Administrator. The Planning and Zoning Administrator shall request
comments relative to those improvements from the North Carolina Department of
Transportation, the Soil Conservation Service and the Person County Health Department,
who will notify the Planning and Zoning Administrator that the improvements have been
installed to their satisfaction. The Planning and Zoning Administrator shall request in
writing to the County Manager 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, 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 is authorized to call for payment of the bond or letter of credit or to
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release security from escrow and to utilize such funds for the completion of improvements
in a manner as determined by the Board of Commissioners. SL 2019-79 SB 313)
SECTION 142 ENFORCEMENT AND PENALTIES
142-1 INSPECTIONS - Local Administrative 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 of the terms of the approval. In exercising this power, staff are authorized to enter any
premises within the jurisdiction of the local government at all reasonable hours for the purposes of
inspection or other enforcement action, upon presentation of proper credentials, provided the
appropriate consent has been given for inspection of areas not open to the public or that an appropriate
inspection warrant has been secured (N.C.G.S. 403(e)).
142-2 NOTICE OF VIOLATION - When staff 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 local government for enforcement purposes in lieu of the
State or in violation of the terms of a development approval, a written notice of violation may be issued.
The notice of violation shall be delivered to the holder of the development approval and to the
landowner of the property involved, if the landowner is not the holder of the development approval, by
personal delivery, electronic delivery, or first class mail and may be provided by similar means to the
occupant of the property or the person undertaking the work or activity. The notice of violation may be
posted on the property. The person providing the notice of violation shall certify to the local government
that the notice was provided and the certificate shall be deemed conclusive in the absence of fraud.
Except as provided by N.C.G.S. 160D-11-23, 160D-12-6, or otherwise provided by law, a notice of
violation may be appealed to the Board of Adjustment pursuant to N.C.G.S. 160D-4-5.2 (N.C.G.S. 404-
(a)).
142-3 REVOCATION OF DEVELOPMENT APPROVAL - Development approvals may be revoked by
the local government issuing the development approval by notifying the holder in writing stating the
reason for the revocation. The local government 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. 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 local government 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. The revocation
of a development approval by a staff member may be appealed to the Board of Adjustment pursuant to
N.C.G.S. 160D-405. If an appeal is filed regarding a development regulation adopted by a local
government pursuant to this Chapter, the provisions of N.C.G.S. 160D-405(e) regarding stays shall be
applicable (N.C.G.S. 160D-403(f)).
142-4 PENALTIES
a) Subject to the provisions of the development regulation, any development regulation adopted
pursuant to authority conferred by N.C.G.S Article 4 may be enforced by any of the following
remedies:
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1. Any person, firm or corporation who violates any provision of this ordinance shall be
guilty of a Class 3 misdemeanor and shall be fined not more than five hundred dollars
($500).
2. Each day a violation exists shall be a separate violation hereunder. (Amended
11/17/2003)
b) This Ordinance may be enforced by an appropriate equitable remedy, including temporary
restraining order, preliminary injunction and permanent injunction as issued by a court of
competent jurisdiction. (Amended 11/17/03) (N.C.G.S. 160D-404(c)).
SECTION 138 - RIGHT OF APPEAL
138-1 If the Zoning and/or Occupancy/Compliance Certificates are denied, the applicant may appeal
the action of the Zoning Enforcement Officer to the Board of Adjustment.
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ARTICLE XIV
BOARD OF ADJUSTMENT
SECTION 140 - COMPOSITION
140-1 The Person County Board of Commissioners shall provide for the appointment of the Person
County Board of Adjustment. The Board of Adjustment shall consist of five members from
Person County.
140-2 The Board of Adjustment shall appoint a secretary whose duties shall be:
a. To keep accurate minutes of all proceedings conducted by the Board of Adjustment.
b. To provide all notices required by Section 143 of this ordinance.
c. To receive all applications for Board of Adjustment action.
d. To perform other duties as assigned by the Board of Adjustment.
SECTION 141 - RULES FOR PROCEEDINGS OF THE BOARD OF ADJUSTMENT
141-1 The Board shall adopt rules governing its organization and for all proceedings before it. Such
rules shall provide and require the following in addition to such other rules and regulations
the Board shall adopt:
-- The Board shall elect a chairman and a vice-chairman on an annual basis.
-- No appeal may be heard unless a quorum is present. A quorum shall consist of four-
fifths of the membership of the Board.
-- A representative of the Planning Department and any other interested party may appear
in person by agent or by attorney to offer evidence and testimony relative to an appeal.
SECTION 142 - POWERS AND DUTIES OF THE BOARD OF ADJUSTMENT
142-1 Powers and Duties: The Board of Adjustment shall have the following powers and
duties:
142-1(a) Administrative Review: To hear and decide any appeal from and review any order,
requirement, decision, or determination made by the Zoning Enforcement Officer.
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142-1(b) Variances: To authorize upon application, in specific cases, such variances from the terms
of this ordinance which 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. A variance from the terms of this ordinance may be granted by the
Board of Adjustment when a written application demonstrates:
1) That special conditions and circumstances exist which are peculiar to the land,
structure, or building involved, and which are not applicable to other lands,
structures or building in the same district;
That literal interpretation of the provisions of this ordinance would deprive the
applicant of rights commonly enjoyed by other property owners in the same district
under the terms of this ordinance;
2) That the hardship is not the result of the applicant's own action;
2) That granting the variance requested will not confer on the applicant any special
privilege that is denied by this ordinance to other lands, structures, or building in the
same district;
2) That if the applicant complies with the provisions of the ordinance, he can secure
no reasonable use of his property;
2) That granting of the variance will be in harmony with the general purpose and intent
of this ordinance, and will not be injurious to the neighborhood, or otherwise
detrimental to the public welfare.
142-1(c) In addition to the grounds for granting variances specified by Section142-1(b) the Board
of Adjustment may grant a variance when it finds that the grant of the requested variance
will cause no significant hazard, annoyance or inconvenience to the owners or occupants
of nearby property, will not significantly change the character of the neighborhood or
reduce the value of nearby property, will not impose any significant cost burden upon the
Person County and will not create any significant obstacle to implementation of the zoning
plan evidenced by this ordinance or the adopted development plan of Person County.
142-1(d) Conditions imposed on variances: In granting any variance, 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. Such conditions may be
imposed by the Board regarding the location, character, and other features of the proposed
building, structure, or use as may be deemed by the Board to protect property values and
general welfare of the neighborhood. Nonconformance with such conditions and
safeguards, when under part of the terms under which the variance is granted, shall be
deemed a violation of this ordinance.
142-1(e) Conditional Uses: To hear and decide requests for conditional use permits allowed by this
ordinance.
142-1(f) Vested Rights Status: To hear and decide vested rights requests in conjunction with
applications for conditional use permits allowed by this ordinance. (Amended 11/18/91)
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142-1(g) The Board of Adjustment, by a vote of four-fifths of its members, may approve variances.
The Board of Adjustment, by a majority vote of its members, may approve any other
quasi-judicial matter, including conditional use permits, vested rights status in conjunction
with a conditional use permit, and interpretations of the ordinance (Amended 11/18/91;
01/06/2020)
SECTION 143 - BOARD OF ADJUSTMENT PROCEDURES
(Amended 11/17/03; 3/13/2006; 3/13/2006)
143-1 Appeals from the enforcement and interpretation of this ordinance, and applications for
conditional use permits or variances shall be filed with the Department of Planning, which
shall transmit all such records to the Board of Adjustment.
143-2 The Secretary to the Board of Adjustment shall publish notice of hearing of all appeals and
applications to be heard by the Board of Adjustment in a newspaper of general circulation in
Person County at least one time, no less than five (5) days prior to the hearing to be held by
the Board of Adjustment. In addition, the secretary shall mail notice by first class mail of the
time, place and subject of each hearing to the appellant or applicant and to the owners of
adjoining property or properties within five hundred (500) feet from the boundaries of the
property involved in the appeal or application.
The Zoning Administrator shall require that notice be posted on the land subject to the
application. If required, the applicant at his expense shall post the notice on weatherproof
signs, one sign per each road frontage and no more than 25’ from the street right of way.
Signs must be clearly visible from the street and designate “Zoning Proposal Pending” with
the phone number of the Person County Planning Office. (Amended 11/17/2003)
143-3 An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning
Enforcement Officer certifies to the Board of Adjustment that, based on the records of the
case, a stay would cause damage to life or property, in which case proceedings shall not be
stayed otherwise than by an order from the Person County Superior Court.
The Board of Adjustment, by a majority vote of its members, may reverse any order,
requirement, decision, or determination of an administration officer charged with the
enforcement of any provision of this ordinance. (Amended 01/06/2020)
143-5 The Board of Adjustment may not authorize or permit a use in a district where that use is
neither a permitted use nor a conditional use. (Amendment 2/19/96)
142-5 A member 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 conflicts 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 excuse himself or herself, the remaining
members shall by majority vote rule on the objection. (Added: 3/13/2006)
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143-7 The Board of Adjustment may subpoena witnesses and compel the production of evidence.
If a person fails or refuses to obey a subpoena issued pursuant to this subsection, the Board
may apply to the General Court of Justice for an order requiring that its order be obeyed, and
the court shall have jurisdiction to issue these orders after notice to all proper parties. No
testimony of any witness before the Board pursuant to a subpoena issued in exercise of the
power conferred by this section may be used against the witness in the trial of any civil or
criminal action other than a prosecution for false swearing committed on the examination.
Any person who, while under oath during a proceeding before the Board, willfully swears
falsely, is guilty of a Class 1 misdemeanor. (Added: 3/13/2006)
SECTION 144 - BOARD OF ADJUSTMENT ACTIONS
(Amended 2/19/96)
144-1 Every final decision of the Board of Adjustment shall be subject to review by the Superior
Court of Person County by proceedings in the nature of certiorari.
144-2 The petition for the writ of certiorari must be filed with the Person County Clerk of Court
within 30 days after the later of the following occurrences:
(a) A written copy of the Board's decision has been filed in the office of the Planning and
Zoning Department; and
(b) A written copy of the Board's decision has been delivered by personal service or certified
mail, return receipt requested, to the applicant or appellant and every other aggrieved party
who has filed a written request for such copy at the hearing of the case.
144-3 A copy of the writ of certiorari shall be served upon the County of Person.
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ARTICLE XV
VESTED RIGHTS FOR PHASED DEVELOPMENT PLANS
(Amended 11/18/91)
150-1 Substantial development projects incorporating a broad range of land use and encompassing
a lengthy development period may from time to time be envisioned by owners and developers.
150-2 At an owners or developer's discretion, he or she may submit a phased development plan and
make application to the Planning Board and County Commissioners for a vested right for a
proposed development project. Vested right status for phased development plans may be
applied for prior to, in conjunction with, or after other approval application have been
submitted.
150-3 Vested right status shall guarantee the right to develop, within certain limitations, according
to the provisions of an approved phased development plan for a period up to and including
two (2) years from the date of approval. Any guaranteed right to develop period greater than
two (2) years and up to a maximum of five (5) years shall be at the discretion of the County
Commissioners.
150.4 Vested right status for a phased development plan shall be granted only after a public hearing
is conducted by the County Commissioners. Notification and advertisement of such public
hearing shall occur in the same manner as is designated for special use permit applications.
150-5 The vested right granted under the approval of a phased development plan is not a personal
right, but shall attach to and run with the applicable property. All development, whether by
the original applicant and/or landowner and/or their successors, shall occur as originally
designated and approved on the development plan unless modifications are submitted to and
approved by the Board of County Commissioners.
150-6 The establishment of a vested right under an approved phased development 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 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.
150-7 The establishment of a vested right under an approved phased development plan shall
preclude the expiration of a building permit and such building permit shall remain valid until
the expiration or termination of the vested right to develop period.
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150-8 A vested right established by an approved phased development 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; or
b) with the written consent of the applicant and/or landowner; or
c) upon findings by the County Commissioners, after 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 public health, safety, and welfare if the project were
to proceed as originally approved in the phased development plan; or
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
incurred after approval by the Board. Compensations shall not include a diminution in the
value of the subject property; or
e) upon findings by the County 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 alter the original approval of the County Commissioners of the
phased development plan; or
f) upon changes in state or federal law or regulation that preclude the phased development
project as originally approved in the phased development plan. The owner and/or
applicant shall have the opportunity in this instance to submit appropriate applicable
modifications to the phased development plan for the Planning Board and County
Commissioners' approval in order to allow vested rights status for the phased development
to remain valid.
150.9 Nothing in this ordinance shall require the County Commissioners to grant a vested right to
develop in conjunction with the approval of any land use permit applications. Nothing shall
preclude subsequent reviews and approvals by either Board of phased development plans, site
specific development plans or land use permits to ensure compliance with the terms and
conditions of the original phased development plan approval, provided such reviews and
approvals are not inconsistent with the original approval. Nothing shall prohibit the County
Commissioners from the revocation of the original approval or from other remedies for failure
to comply with the applicable terms and conditions of all approvals or of this ordinance.
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ARTICLE XIV DEVELOPMENT APPLICATION REVIEW PROCEDURES AND
ADMINISTRATION
SECTION 150 GENERAL
a) This article establishes the procedures for all approvals, administrative reviews and
administrative relief required by this Ordinance. This article 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.
b) 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 (N.C.G.S. 160D-403).
c) All rights, privileges, benefits, burdens, and obligations created by development approvals
made pursuant to this Article and the North Carolina General Statute attach to and run with the
land (N.C.G.S. 160D-104).
d) Applications for development approvals may be made by the landowner, a lessee or person
holding an option or contract to purchase or lease land, or an authorized agent of the landowner.
An easement holder may also apply for development approval for such development as is
authorized by the easement (N.C.G.S. 160D-403).
150-1 DURATION OF APPROVAL
a) Development approvals are valid for the following time periods:
1. Development approvals (Zoning permits, Stormwater permits and Floodplain permits)
1 Year
2. Site-specific vesting plans (Special Use Permits, PUDs, subdivision plats, site plans,
preliminary or general development plans, CD-rezonings, and formerly site specific and
phased development plans) 2-5 Years
3. Multi-phased development plans Up to 7 Years
b) 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. This section 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 (N.C.G.S.
160D-403).
c) 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 local government
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
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of that approval. The revocation of a development approval by a staff member may be appealed
to the Board of Adjustment (N.C.G.S. 160D-403).
150-2 Whenever the Board of Commissioners or Board of Adjustment disapproves a petition from a
member of the public (i.e., appeal, request for a special use permit, variance, request for an
interpretation, request for text or official Planning 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 months’ elapses, unless applicant clearly demonstrates that:
1. Circumstances affecting the property that is the subject of the application have substantially
changed; or,
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 Zoning
Administrator within the time period for an appeal to superior court. However, such a
request does not extend the period with which an appeal must be taken.
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 Zoning Administrator within 30 days from the date of submittal. (Amended 8/5/96)
150-3 Appeals may be made to the Board of Adjustment for any administrative determination under a
development regulation, except for Special Use Permits. The owner or other party shall have 30 days
from receipt of the written notice of the determination within which to file an appeal. Any other person
with standing to appeal shall have 30 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 (N.C.G.S. 160D-405).
SECTION 151 - CONDITIONAL USE PERMITS AND SPECIAL USE DISTRICTS ISSUED
PRIOR TO X/X/2021
151-1 Any special use district or conditional use district zoning district that is valid and in effect as of
January 1, 2021 shall be deemed a conditional zoning district consistent with the terms of the North
Carolina General Statute 160D and the special or conditional use permits issued concurrently with
establishment of those districts shall be valid as specified in North Carolina State Law 2019-111
Section 8.1. Any valid “conditional use permit” issued prior to January 1, 2021 shall be deemed a
“special use permit” consistent with the provisions of the North Carolina General Statute 160D.
SECTION 152 - ZONING PERMITS
152-1 Each application for a Zoning Permit shall be accompanied by a plat, 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 of
this ordinance. An accurate record of such applications and plats, together with a record of the action
taken thereon shall be kept in the office of the Planning and Zoning Department. The Zoning
Enforcement Officer may waive any of these application requirements.
ARTICLE XVI
SECTION 153160 -– AMENDMENTS TO THE ZONING MAP OR ORDINANCE
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(Amended 8/5/96; Amended 11/5/01; 7/22/02; Amended 3/13/2006; 9/2/2008; X/X/21)
(Added: 3/13/2006)
153-1 Zoning district boundaries adopted pursuant to this Ordinance shall be drawn on a map that is
adopted or incorporated within a duly adopted development regulation. Zoning district maps that are
so adopted shall be maintained for public inspection in the office of the local government clerk or such
other office as specified in the development regulation. The maps may be in paper or a digital format
approved by the local government (N.C.G.S. 160D-105). Staff will maintain up to date maps following
case approval (N.C.G.S. 160D-105).
153-2 INITIATION OF AMENDMENT - The Board of Commissioners may, at any time, amend,
supplement, change, modify or repeal the 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
section.
153-3 SUBMISSION OF PETITIONS - Petitions to amend this Ordinance or the zoning map shall be
submitted to the Planning and Zoning Department for review according to the adopted Planning Board
and Board of Commissioners yearly schedule. The petition shall include the following:
1. A completed Application for Map Amendment or Application for Text Amendment.
2. For Amendments to the Official Planning Map, a map drawn to scale showing the exterior
boundaries of the lot(s) which will be covered by the proposed map amendment;
3. For amendments to the Planning Ordinance text, 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.
4. The alleged error in the Official Planning Map and/or Planning 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;
5. The changed or changing conditions, if any, in the area or in the County generally, which makes
the proposed Official Planning Map and/or Planning Ordinance text amendment reasonable
necessary to the promotion of the public health, safety and general welfare;
6. The manner in which the proposed Official Planning Map and/or Planning Ordinance text
amendment will carry out the intent and purpose of the Comprehensive Plan or part thereof;
and,
7. All other circumstances, factors and reasons which the applicant offers in support of the
proposed Official Planning Map and/or Planning Ordinance text amendment. (Amended
8/5/96)
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.
153-4 PLANNING BOARD REVIEW AND RECOMMENDATION - After submission of a completed
application, the Zoning Administrator will schedule a public hearing for the Planning Board in
accordance with the published Planning Board meeting schedule on file in the Planning and Zoning
Department. A notice of such public hearing shall be published once a week for two (2) consecutive
weeks in a newspaper of general circulation in Person County. Said notice shall be published the first
time not less than ten (10) days and not more than twenty-five (25) days prior to the date established
for such public hearing. (Amended 11/5/01; 7/22/02; 3/13/2006). For map amendments, the Zoning
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Administrator will be responsible for mailing written notices to all property owners within 500’ of the
property including the applicant and properties separated from the subject property by street, railroad,
and other transportation corridor (N.C.G.S. 160D-602). The Zoning Administrator shall require that
notice be posted on the land subject to the application within the same time period specified for mailed
notices of the hearing (N.C.G.S. 160D-602). The applicant shall post the notice on weatherproof signs
supplied by the Planning and Zoning Department, one sign per each road frontage and no more than
25’ from the street right-of-way. Signs must be clearly visible from the street and designate “Zoning
Proposal Pending” with the phone number of the Planning and Zoning Department. When multiple
parcels are included, a posting on each individual parcel is not required, but there should be reasonable
notice provided to interested persons.
a) When conducting a review of proposed zoning text or map amendments pursuant to this section,
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
(N.C.G.S. 160D-604 (d)).
b) When reviewing any zoning text or map amendment, the Planning Board shall approve a brief
statement describing whether its action is consistent or inconsistent with the adopted
comprehensive plan and a brief statement of reasonableness. The statement of reasonableness
and plan consistency required in this section may be approved as a single statement. Board
members may adopt this statement when acting upon the zoning text or map amendment or as
a separate motion (N.C.G.S. 160D-605).
153-5 BOARD OF COMMISSIONERS PUBLIC HEARING
a) The Zoning Administrator will schedule a public hearing for the Board of Commissioners in
accordance with that year's adopted schedule. A notice of such public hearing shall be published
once a week for two (2) consecutive weeks in a newspaper of general circulation in Person
County. Said notice shall be published the first time not less than ten (10) days and not more
than twenty-five (25) days prior to the date established for such public hearing. (Amended
7/22/02).
b) The Planning Board shall provide a written recommendation to the Board of Commissioners
that addresses whether the proposed amendment is consistent with the comprehensive plan, 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. Prior to adopting or rejecting any zoning amendment, the
Board of Commissioners shall adopt a statement describing whether its action is consistent with
an adopted comprehensive plan and why such action is reasonable and in the public interest.
(Added 3/13/2006)
c) The Planning Board shall have 30 days within which to submit its recommendation to the Board
of Commissioners. If no written report is received from the Planning Board within thirty 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. (Amended 7/22/02; 3/13/2006)
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d) 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
the adopted comprehensive plan and a brief statement of reasonableness. The statement of
reasonableness and plan consistency required in this section may be approved as a single
statement. Board members may adopt this statement when acting upon the zoning text or map
amendment or as a separate motion (N.C.G.S. 160D-605).
e) 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.
153-6 OTHER DEVELOPMENT REGULATION AMENDMENTS - All other development regulations
governed by Person County and enforced by the Planning and Zoning Department shall be subject to
the above procedure when amended by the public, Board of Commissioners, Board of Adjustment,
Planning Board, or staff.
153-7 THIRD-PARTY DOWNZONING - Third-party downzoning submitted after July 11, 2019, unless
initiated by a Person County Board or staff member, are prohibited unless written consent is obtained
from the property owner(s) (N.C.S.L 2019-111, Part 1).
160-1 The Person County Board of Commissioner may, at any time, amend, supplement, change,
modify or repeal the boundaries or regulations herein, or subsequently amend. This may be
done in accordance with the provisions of SECTION 160-4 of this ordinance on the
Commissioner's motion as a result of a recommendation of the Planning Board.
160-2 Wherever there is a zoning classification action for a parcel of land, e.g., appeal, request for
a special permit, request for a variance, request for an interpretation, or request for an
amendment, the owner of the parcel of land as shown on the county tax listing and the owner
of all parcels of land abutting that parcel of land as shown on the county tax listing shall be
mailed a notice of the proposed classification by first-class mail at the last addresses listed for
such owners in the county tax abstracts.
160-3 Applications for the amendments to the Official Planning Map and/or Planning Ordinance
text shall contain at least the following:
(Amended 9/2/20008)
(1) For Amendments to the Official Planning 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 Planning Ordinance text, 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 Planning Map and/or Planning 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 Planning Map and/or Planning Ordinance text amendment
reasonable necessary to the promotion of the public health, safety and general welfare;
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(5) The manner in which the proposed Official Planning Map and/or Planning Ordinance
text amendment will carry out the intent and purpose of the Comprehensive Plan or part
thereof; and,
(6) All other circumstances, factors and reasons which the applicant offers in support of the
proposed Official Planning Map and/or Planning Ordinance text amendment. (Amended
8/5/96)
160-4 After Submission of an application, the Zoning Administrator will schedule a public hearing
for the planning board. When the provisions of the ordinance require that written or mailed
notices be required, the Zoning Administrator will be responsible for mailing the written
notices to all abutting property owners including the applicant. The Zoning Administrator
shall require that notice be posted on the land subject to the application. If required, the
applicant at his expense shall post the notice on weatherproof signs, one sign per each road
frontage and no more than 25’ from the street right-of-way. Signs must be clearly visible
from the street and designate “Zoning Proposal Pending” with the phone number of the Person
County Planning office. When multiple parcels are included, a posting on each individual
parcel is not required, but there should be reasonable notice provided to interested persons.
A notice of such public hearing shall be published once a week for two (2) consecutive weeks
in a newspaper of general circulation in Person County. Said notice shall be published the
first time not less than ten (10) days and not more than twenty-five (25) days prior to the date
established for such public hearing. (Amended 11/5/01; 7/22/02; 3/13/2006)
160-5 If no written report is received from the Planning Board within thirty days of referral of the
amendment to that Board, the Board of County Commissioners may proceed in its
consideration of the amendment without the Planning Board report. The Board of County
Commissioners is not bound by the recommendation, if any, of the Planning Board.
(Amended 7/22/02; 3/13/2006)
160-5(A) Members of the Planning Board and the Board of County Commissioners shall not vote on
recommendations regarding any zoning map or text amendment where the outcome of the
matter being considered is reasonably likely to have a direct, substantial, and readily
identifiable financial impact on the member. (Added 3/13/2006)
160-5(B) The Planning Board shall provide a written recommendation to the Board of County
Commissioners that addresses that the proposed amendment is consistent with the
comprehensive plan, 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 County Commissioners. Prior to adopting or rejecting
any zoning amendment, the Board of County Commissioners shall adopt a statement
describing whether its action is consistent with an adopted comprehensive plan and why such
action is reasonable and in the public interest. (Added 3/13/2006)
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160-6 The County Manager or designee is authorized to set the public hearing date immediately
following the Planning Board meeting. Notice of the public hearing shall be advertised in
accordance with Section 160-4. (Amended 7/22/02)
160-7 A simple majority vote of the Board of County Commissioners shall be the required minimum
to amend this ordinance when recommendation from the Planning Board is received.
160-8 Whenever the Board of Commissioners or Board of Adjustment disapproves a petition from
a member of the public (i.e., appeal, request for a special use permit, variance, request for an
interpretation, request for text or official Planning 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 months elapses, unless applicant clearly
demonstrates that:
(1) Circumstances affecting the property that is the subject of the application have
substantially changed; or,
(2) New information is available that could not with reasonable diligence have been
presented at previous hearing. A request to be heard on this basis must be filed with the
Zoning Administrator within the time period for an appeal to superior court. However,
such a request does not extend the period with which an appeal must be taken.
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 Zoning Administrator within 30 days from the date of submittal.
(Amended 8/5/96)
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SECTION 154 – CONDITIONAL DISTRICT (CD) REZONINGS (Added: X/X/21)
154-1 Conditional zoning districts 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
zoning district are restricted to those uses permitted in the corresponding general zoning district.
Conditional Zoning 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 zoning district is not intended
for securing early or speculative reclassification of property.
154-2 SUBMISSION OF PETITIONS - Petitions shall be submitted to the Planning and Zoning
Department for review according to the adopted Planning Board and Board of Commissioners yearly
schedule. The petition shall include the following:
1. A completed Application for CD-Rezoning Map Amendment accompanied by a site plan,
prepared by a North Carolina registered land surveyor, engineer, or architect. The site plan,
drawn to scale, shall depict the following:
a. The boundary of the lot(s) to be developed labeled with bearings and distances, total
gross land area, location of easement(s), utilities, adjacent road name(s) and number(s);
b. Name of project, property owner and applicant, vicinity map, north arrow, scale, date of
plan preparation and subsequent revisions dates;
c. Topography of site, at contour interval no greater than ten (10) feet, location of perennial
and intermittent waters, 100 year flood plains;
d. Location and approximate size of all existing and proposed buildings and structures
within the site and existing buildings and structures within five hundred feet adjacent
thereto;
e. Proposed points of ingress and egress together with the proposed pattern of internal
circulation;
f. Existing and proposed parking spaces;
g. Proposed provisions for water supply and sewage disposal;
h. If the site is located in a designated drinking water supply watershed, the plan shall
also:
i. Depict the location of existing (labeled according to the date of establishment)
and proposed impervious surfaces and respective totals in square feet;
ii. The total land area of the lot(s) outside of the road right-of-way(s) in square feet.
The property owner and/or applicant shall have the burden of proving that the
proposed special use will not materially injure the value of adjoining or abutting
property.
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Each petition shall be accompanied by a fee to defray the cost of advertising and other
administrative costs involved.
154-3 PLANNING BOARD REVIEW AND RECOMMENDATION - After submission of a completed
application, the Zoning Administrator will schedule a public hearing for the Planning Board in
accordance with the published Planning Board meeting schedule on file in the Planning and Zoning
Department. A notice of such public hearing shall be published once a week for two (2) consecutive
weeks in a newspaper of general circulation in Person County. Said notice shall be published the first
time not less than ten (10) days and not more than twenty-five (25) days prior to the date established
for such public hearing. The Zoning Administrator will be responsible for mailing written notices to all
property owners within 500’ of the property including the applicant and properties separated from the
subject property by street, railroad, and other transportation corridor (N.C.G.S. 160D-602). The Zoning
Administrator shall require that notice be posted on the land subject to the application within the same
time period specified for mailed notices of the hearing (N.C.G.S. 160D-602). The applicant shall post
the notice on weatherproof signs supplied by the Planning and Zoning Department, one sign per each
road frontage and no more than 25’ from the street right-of-way. Signs must be clearly visible from the
street and designate “Zoning Proposal Pending” with the phone number of the Planning and Zoning
Department. When multiple parcels are included, a posting on each individual parcel is not required,
but there should be reasonable notice provided to interested persons.
a) When conducting a review of proposed map amendments pursuant to this section, 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
(N.C.G.S. 160D-604 (d)).
b) When reviewing any map amendment, the Planning Board shall approve a brief statement
describing whether its action is consistent or inconsistent with the adopted comprehensive plan
and a brief statement of reasonableness. The statement of reasonableness and plan consistency
required in this section may be approved as a single statement. Board members may adopt this
statement when acting upon the zoning text or map amendment or as a separate motion
(N.C.G.S. 160D-605).
154-4 BOARD OF COMMISSIONERS PUBLIC HEARING
a) The Zoning Administrator will schedule a public hearing for the Board of Commissioners in
accordance with that year's adopted schedule. A notice of such public hearing shall be published
once a week for two (2) consecutive weeks in a newspaper of general circulation in Person
County. Said notice shall be published the first time not less than ten (10) days and not more
than twenty-five (25) days prior to the date established for such public hearing. (Amended
7/22/02)
b) The Planning Board shall provide a written recommendation to the Board of Commissioners
that addresses whether the proposed amendment is consistent with the comprehensive plan, 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
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by the Board of Commissioners. Prior to adopting or rejecting any zoning amendment, the
Board of Commissioners shall adopt a statement describing whether its action is consistent with
an adopted comprehensive plan and why such action is reasonable and in the public interest.
(Added 3/13/2006)
c) The Planning Board shall have 30 days within which to submit its recommendation to the Board
of Commissioners. If no written report is received from the Planning Board within thirty 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. (Amended 7/22/02; 3/13/2006).
d) When adopting or rejecting any map amendment, the Board of Commissioners shall approve a
brief statement describing whether its action is consistent or inconsistent with the adopted
comprehensive plan and a brief statement of reasonableness. The statement of reasonableness
and plan consistency required in this section may be approved as a single statement. Board
members may adopt this statement when acting upon the zoning text or map amendment or as
a separate motion (N.C.G.S. 160D-605).
e) A CD-Rezoning must be adopted by ordinance per N.C.G.S 160D-601(c).
f) 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 local government
ordinances, and plans adopted pursuant to N.C.G.S. 160D-5-1, or and those that address the
impacts reasonably expected to be generated by the development or use of the site (N.C.G.S.
160D-703). However, the Board may impose conditional-zoning conditions that go beyond
basic zoning authority to address additional fees, design requirements, and other development
considerations with the applicant’s/landowner’s written consent (N.C. S.L. 2019-111).
g) Following approval from the Board of Commissioners, the Zoning Administrator shall obtain
the applicant/landowner’s written consent to conditions related to a conditional-zoning approval
to ensure enforceability (N.C. S.L. 2019-111).
154-5 MODIFICATIONS OF CD-REZONINGS - The Zoning 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 Zoning 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;
If multiple parcels of land are subject to a conditional zoning, 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 (N.C.G.S
160D-703).
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SECTION 155 - SPECIAL USE PERMITS
155-1 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 Planning 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 bad effects they might have on surrounding properties.
155-2 SUBMISSION OF PETITIONS - Petitions for special use permits shall be submitted to the
Planning and Zoning Department for review according to the published Board of Commissioners yearly
meeting schedule on file in the Planning and Zoning Department. The petition shall include the
following:
1. A complete Application for a Special Use Permit accompanied by a site plan, prepared by a
North Carolina registered land surveyor, engineer, or architect. The site plan, drawn to scale,
shall depict the following: (amended 9/2/2008)
1. The boundary of the lot(s) to be developed labeled with bearings and distances, total
gross land area, location of easement(s), utilities, adjacent road name(s) and number(s);
2. Name of project, property owner and applicant, vicinity map, north arrow, scale, date of
plan preparation and subsequent revisions dates;
3. Topography of site, at contour interval no greater than ten (10) feet, location of perennial
and intermittent waters, 100 year flood plains;
4. Location and approximate size of all existing and proposed buildings and structures
within the site and existing buildings and structures within five hundred feet adjacent
thereto;
5. Proposed points of ingress and egress together with the proposed pattern of internal
circulation;
6. Existing and proposed parking spaces;
7. Proposed provisions for water supply and sewage disposal;
8. If the site is located in a designated drinking water supply watershed, the plan shall also:
a. Depict the location of existing (labeled according to the date of establishment)
and proposed impervious surfaces and respective totals in square feet;
b. The total land area of the lot(s) outside of the road right-of-way(s) in square feet.
The property owner and/or applicant shall have the burden of proving that the
proposed special use will not materially injure the value of adjoining or abutting
property.
9. In addition to requirements listed above, a Special Use Permit site plan for a radio,
telephone or television tower must show compliance with Note 9 of this ordinance.
(Amended 7/1/2002)
10. In addition to requirements listed above and those listed in Section 81 of this Ordinance,
a Special Use Permit site plan for a camper/recreational vehicle park must show
compliance with the following:
a) A minimum lot size of two acres is required.
b) Density to be 2500 square feet for each tent or trailer space.
c) A minimum undisturbed fifty foot buffer from all property lines.
d) Each campsite shall contain a stabilized parking pad of either pavement or gravel
and one off-street parking space.
e) A sanitary source of drinking water shall be not more than 200 feet, toilet
facilities not more than 400 feet and wash houses not more than 1500 feet from
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any tent or trailer space. This provision shall not apply where community water
and sewer connections are provided to trailers having self-contained kitchens
and bathroom facilities. (Added 8/2/2010)
Each petition shall be accompanied by a fee to defray the cost of advertising and other
administrative costs involved.
155-3 BOARD OF COMMISSIONERS PUBLIC HEARING
a) After submission of a completed application, the Zoning Administrator will schedule a public
hearing for the Board of Commissioners in accordance with that year's adopted schedule. A
notice of such public hearing shall be published once a week for two (2) consecutive weeks in
a newspaper of general circulation in Person County. Said notice shall be published the first
time not less than ten (10) days and not more than twenty-five (25) days prior to the date
established for such public hearing. The Zoning Administrator will be responsible for mailing
written notices to all property owners within 500’ of the property including the applicant. The
Zoning Administrator shall require that notice be posted on the land subject to the application.
The applicant shall post the notice on weatherproof signs supplied by the Planning and Zoning
Department, one sign per each road frontage and no more than 25’ from the street right-of-way.
Signs must be clearly visible from the street and designate “Zoning Proposal Pending” with the
phone number of the Planning and Zoning Department.
b) The Board of Commissioners shall consider the application at a public hearing at which all
interested persons shall be permitted to testify. This hearing shall be used to gather competent,
material, and substantial evidence to establish the facts of the case. Testimony heard shall be
under oath. The Special Use Permit, if granted, shall include such approved plans as may be
required. In granting the permit, the Commissioners shall find the following:
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 or abutting property, or
that the use is a public necessity, and
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 comprehensive plan.
c) In granting the permit, the 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.
d) In addition to the specific conditions imposed by the regulations in this Article and whatever
additional conditions the 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.
e) 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
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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. The decision of the
Board shall be delivered within a reasonable time by personal delivery, electronic mail, or 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 (N.C.G.S. 160D-406). The
Zoning Administrator shall obtain the applicant/landowner’s written consent to conditions
related to a special use permit approval to ensure enforceability (N.C. S.L. 2019-111).
f) No appeal may be taken to the Board of Adjustment from the action of the Commissioners in
granting or denying a Special Use Permit. Any such action by the Commissioners shall be
considered as the equivalent of action on a proposed zoning amendment and shall be reviewable
only in the same manner as action on a proposed amendment.
g) In the event of failure to comply with the plans approved by the Commissioners or with any
other conditions imposed upon the Special Use Permit within a reasonable time in the opinion
of the Zoning Administrator, the permit shall thereupon become void and of no effect. No
building permits for further construction or certificates of occupancy under this Special Use
shall be issued.
155-4 MODIFICATIONS OF SPECIAL USE PERMITS - The Zoning 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 Zoning 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.
155-5 SPECIAL USE PERMITS AND VESTED RIGHTS - At the applicant's discretion, he or she may
also submit a site specific vesting plan and make application to the Commissioners for a vested right
status for the proposed use or development project. Vested right status may be applied for jointly with
the special use permit application or may be requested at a later date.
SECTION 156 - DEVELOPMENT AGREEMENTS (Added: X/X/21)
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156-1 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.
156-2 Person County may enter into development agreements with developers subject to the procedures
of this ordinance and the North Carolina General Statute (N.C.G.S. 160D-1001).
156-3 SUBMISSION OF PETITIONS - Petitions for development agreements shall be submitted to the
Planning and Zoning Department for review according to the adopted Board of Commissioners and
Planning Board yearly schedule. The submission shall include the following:
1. Application for Development Agreement
2. A site plan prepared by a North Carolina licensed surveyor, engineer, or landscape architect
depicting the items listed in the Person County Planning Ordinance Commercial and Industrial
Site Plan Requirements.
3. Proposed Development Agreement containing the following information at a minimum
(N.C.G.S. 160D-1006):
a. A description of the property subject to the agreement and the names of its legal and equitable
property owners.
b. The duration of the agreement.
c. The development uses permitted on the property, including population densities and building
types, intensities, placement on the site, and design.
d. Development schedule including commencement dates and interim completion dates at no
greater than five-year intervals.
e. If applicable, the following:
i. 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 local
government 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 the proposed development (such as meeting defined
completion percentages or other performance standards). The developer and local
government 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 local
government pursuant to N.C.G.S. 160D-804 shall be expressly enumerated within the
agreement, and provided the agreement may Snot include a tax or impact fee not otherwise
authorized by law.
ii. 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.
iii. A description of any conditions, terms, restrictions, or other requirements for the protection
of public health, safety, or welfare of its citizens
iv. A description, where appropriate, of any provisions for the preservation and restoration of
historic structures.
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v. If more than one local government is involved in the development agreement, the
agreement must specify which government is responsible for overall administration of the
agreement.
156-4 PLANNING BOARD REVIEW AND RECOMMENDATION After submission of a completed
application, the Zoning Administrator will schedule a public hearing for the Planning Board in
accordance with the published Planning Board meeting schedule on file in the Planning and Zoning
Department. A notice of such public hearing shall be published once a week for two (2) consecutive
weeks in a newspaper of general circulation in Person County. Said notice shall be published the first
time not less than ten (10) days and not more than twenty-five (25) days prior to the date established
for such public hearing. The Zoning Administrator will be responsible for mailing written notices to all
property owners within 500’ of the property including the applicant and properties separated from the
subject property by street, railroad, and other transportation corridor (N.C.G.S. 160D-602). The Zoning
Administrator shall require that notice be posted on the land subject to the application within the same
time period specified for mailed notices of the hearing (N.C.G.S. 160D-602). The applicant shall post
the notice on weatherproof signs supplied by the Planning and Zoning Department, one sign per each
road frontage and no more than 25’ from the street right-of-way. Signs must be clearly visible from the
street and designate “Zoning Proposal Pending” with the phone number of the Planning and Zoning
Department. When multiple parcels are included, a posting on each individual parcel is not required,
but there should be reasonable notice provided to interested persons.
a) When conducting a review of proposed map amendments pursuant to this section, 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
(N.C.G.S. 160D-604 (d)).
b) When reviewing any map amendment, the Planning Board shall approve a brief statement
describing whether its action is consistent or inconsistent with the adopted comprehensive plan
and a brief statement of reasonableness. The statement of reasonableness and plan consistency
required in this section may be approved as a single statement. Board members may adopt this
statement when acting upon the zoning text or map amendment or as a separate motion
(N.C.G.S. 160D-605).
156-5 BOARD OF COMMISSIONERS PUBLIC HEARING
a) The Zoning Administrator will schedule a public hearing for the Board of Commissioners in
accordance with that year's adopted schedule. A notice of such public hearing shall be published
once a week for two (2) consecutive weeks in a newspaper of general circulation in Person
County. Said notice shall be published the first time not less than ten (10) days and not more
than twenty-five (25) days prior to the date established for such public hearing. (Amended
7/22/02)
b) The Planning Board shall provide a written recommendation to the Board of Commissioners
that addresses whether the proposed amendment is consistent with the comprehensive plan, but
a comment by the Planning Board that a proposed amendment is inconsistent with the
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comprehensive plan shall not preclude consideration or approval of the proposed amendment
by the Board of Commissioners. Prior to adopting or rejecting any zoning amendment, the
Board of Commissioners shall adopt a statement describing whether its action is consistent with
an adopted comprehensive plan and why such action is reasonable and in the public interest.
(Added 3/13/2006)
c) The Planning Board shall have 30 days within which to submit its recommendation to the Board
of Commissioners. If no written report is received from the Planning Board within thirty 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. (Amended 7/22/02; 3/13/2006).
d) When adopting or rejecting any map amendment, the Board of Commissioners shall approve a
brief statement describing whether its action is consistent or inconsistent with the adopted
comprehensive plan and a brief statement of reasonableness. The statement of reasonableness
and plan consistency required in this section may be approved as a single statement. Board
members may adopt this statement when acting upon the zoning text or map amendment or as
a separate motion (N.C.G.S. 160D-605).
e) Following approval from the Board of Commissioners, the development agreement must be
recorded with the Register of Deeds by the developer within 14 days after Person County and
the developer execute an approved development agreement (N.C.G.S. 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.
156-6 PERIODIC REVIEW - Planning and Zoning staff must undertake periodic review of the project
to verify compliance with the recorded agreement (N.C.G.S. 160D-1008).
156-7 AMENDMENTS TO DEVELOPMENT AGREEMENTS - Parties can modify or cancel the
agreement at any time by mutual consent (N.C.G.S. 160D-1010). Any major modification to a
development agreement requires the same notice and hearing as required for initial approval (N.C.G.S
160D-1006). 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:
1. Changes that have either landowner approval in writing or that make the landowner
financially whole (compensated for the full cost of the change).
2. 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.
3. 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.
156-8 BREACH OF DEVELOPMENT AGREEMENTS - If a developer has breached the recorded
development agreement, the Planning and Zoning Department 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 (N.C.G.S. 160D-1008). If the breach is not remedied,
Person County may terminate or modify the agreement. Appeals may be filed with the Board of
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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.
156-9 SUBSEQUENT DEVELOPMENT AGREEMENTS - Parties are not precluded from entering into
subsequent development agreements that may extend the original duration period (N.C.G.S. 160D-
1006).
156-10 DEVELOPMENT AGREEMENTS AND 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 CD-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 sketch plan or preliminary plat required under a subdivision regulation or a
site plan or other development approval required under a zoning regulation (N.C.G.S. 160D-1003).
SECTION 157 - ZONING VARIANCES
157-1 When unnecessary hardships would result from carrying out the strict letter of the Planning
Ordinance, the Board of Adjustment shall vary any of the provisions of the ordinance upon a showing
that all of the standards set out in this section have been met. No change in permitted uses may be
authorized by variance. Appropriate conditions may be imposed on any variance, provided the
conditions are reasonably related to the variance. Any other ordinance that regulates land use or
development may provide for variances consistent with the provisions of this subsection.
157-2 SUBMISSION OF PETITIONS- Petitions for zoning variances shall be submitted to the Planning
and Zoning Department for review according to the adopted Board of Adjustment yearly schedule. The
petition shall include the following:
1. A completed Variance Application demonstrating the following:
a. That special conditions and circumstances exist which are peculiar to the land, structure,
or building involved, and which are not applicable to other lands, structures or building
in the same district;
b. That literal interpretation of the provisions of this ordinance would deprive the applicant
of rights commonly enjoyed by other property owners in the same district under the
terms of this ordinance;
c. That the hardship is not the result of the applicant's own action;
d. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this ordinance to other lands, structures, or building in the
same district;
e. That if the applicant complies with the provisions of the ordinance, he can secure no
reasonable use of his property;
f. That granting of the variance will be in harmony with the general purpose and intent of
this ordinance, and will not be injurious to the neighborhood, or otherwise detrimental
to the public welfare.
2. A site plan, prepared by a North Carolina registered land surveyor, engineer, or architect. The
site plan, drawn to scale, shall depict the following:
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a. The boundary of the lot(s) to be developed labeled with bearings and distances, total
gross land area, location of easement(s), utilities, adjacent road name(s) and number(s);
b. Name of project, property owner and applicant, vicinity map, north arrow, scale, date of
plan preparation and subsequent revisions dates;
c. Location and approximate size of all existing and proposed buildings and structures
within the site;
d. Clear depiction of the variance requested.
Each petition shall be accompanied by a fee to defray the cost of advertising and other
administrative costs involved.
157-3 BOARD OF ADJUSTMENT PUBLIC HEARING
a) After submission of a completed application, the Zoning Administrator will schedule a public
hearing for the Board of Adjustment in accordance with the Board of Adjustment published
meeting schedule on file in the Planning and Zoning Department. The Zoning Administrator
shall give notice of a public hearing on the application. A notice of such public hearing shall be
published once in a newspaper of general circulation in Person County. Said notice shall be
published not less than ten (10) days and not more than twenty-five (25) days prior to the date
established for such public hearing. The Zoning Administrator will be responsible for mailing
written notices to all property owners within 500’ of the property including the applicant. The
Zoning Administrator shall require that notice be posted on the land subject to the application.
The applicant shall post the notice on weatherproof signs supplied by the Planning and Zoning
Department, one sign per each road frontage and no more than 25’ from the street right-of-way.
Signs must be clearly visible from the street and designate “Zoning Proposal Pending” with the
phone number of the Planning and Zoning Department.
b) The Board of Adjustment shall consider the application at a quasi-judicial hearing. This hearing
shall be used to gather competent, material, and substantial evidence to establish the facts of the
case. Testimony heard shall be under oath. In granting the variance, the Board of Adjustment
shall find the following:
1. That special conditions and circumstances exist which are peculiar to the land, structure,
or building involved, and which are not applicable to other lands, structures or building
in the same district;
2. That literal interpretation of the provisions of this ordinance would deprive the applicant
of rights commonly enjoyed by other property owners in the same district under the
terms of this ordinance;
3. That the hardship is not the result of the applicant's own action;
4. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this ordinance to other lands, structures, or building in the
same district;
5. That if the applicant complies with the provisions of the ordinance, he can secure no
reasonable use of his property;
6. That granting of the variance will be in harmony with the general purpose and intent of
this ordinance, and will not be injurious to the neighborhood, or otherwise detrimental
to the public welfare.
c) In addition to the above grounds for granting variances, the Board of Adjustment may grant a
variance when it finds that the grant of the requested variance will cause no significant hazard,
annoyance or inconvenience to the owners or occupants of nearby property, will not
significantly change the character of the neighborhood or reduce the value of nearby property,
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will not impose any significant cost burden upon the county and will not create any significant
obstacle to implementation of the zoning plan evidenced by this ordinance or the adopted
development plan of Person County.
d) In granting any variance, 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. Such conditions may be imposed by the Board regarding the location,
character, and other features of the proposed building, structure, or use as may be deemed by
the Board to protect property values and general welfare of the neighborhood. Nonconformance
with such conditions and safeguards, when under part of the terms under which the variance is
granted, shall be deemed a violation of this ordinance.
e) The Board of Adjustment, by a vote of four-fifths of its members, may approve variances. 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. 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 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 (N.C.G.S. 160D-406).
SECTION 158 - VESTED RIGHTS
158-1 As authorized under G.S. 160-108, 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 section. Vested right 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 (N.C.G.S. 160D-108(d)). Site specific vesting plans can take the form of a planned unit
development plan, a subdivision plat, a site plan, a preliminary or general development plan, a special
use permit, a conditional zoning, or any other development approval.
158-2 SUBMISSION OF PETITIONS - Petitions for vested rights shall be submitted to the Planning
and Zoning Department for review according to the adopted Planning Board and Board of
Commissioners yearly schedule. The petition shall include the following:
a) A Vested Rights Application and any supplemental materials needed to substantiate the claim
for a vested right.
b) A site-specific vesting plan prepared by a licensed North Carolina surveyor. Site-specific
vesting plans shall include at a minimum the following:
a. The approximate boundaries of the site;
b. Significant topographical and other natural feature affecting development of the site;
c. The approximate location on the site of the proposed buildings, structures, and other
improvements;
d. The approximate dimensions, including height, of the proposed buildings and other
structures;
e. The approximate location of all existing and proposed infrastructure on the site,
including water, sewer, roads, and pedestrian walkways.
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Each petition shall be accompanied by a fee to defray the cost of advertising and other
administrative costs involved.
158-3 PLANNING BOARD REVIEW AND RECOMMENDATION - After submission of a completed
application, the Zoning Administrator will schedule a public hearing for the Planning Board in
accordance with the published Planning Board meeting schedule that is on file in the Planning and
Zoning Department. A notice of such public hearing shall be published once a week for two (2)
consecutive weeks in a newspaper of general circulation in Person County. Said notice shall be
published the first time not less than ten (10) days and not more than twenty-five (25) days prior to the
date established for such public hearing. The Zoning Administrator will be responsible for mailing
written notices to all property owners within 500’ of the property including the applicant and properties
separated from the subject property by street, railroad, and other transportation corridor (N.C.G.S.
160D-602). The Zoning Administrator shall require that notice be posted on the land subject to the
application within the same time period specified for mailed notices of the hearing (N.C.G.S. 160D-
602). The applicant shall post the notice on weatherproof signs supplied by the Planning and Zoning
Department, one sign per each road frontage and no more than 25’ from the street right-of-way. Signs
must be clearly visible from the street and designate “Zoning Proposal Pending” with the phone number
of the Planning and Zoning Department. When multiple parcels are included, a posting on each
individual parcel is not required, but there should be reasonable notice provided to interested persons.
a) EXCEPTION: Applications for vested rights related to Special Use Permits do not require
Planning Board Review and Recommendation.
158-4 BOARD OF COMMISSIONERS PUBLIC HEARING
a) The Zoning Administrator will schedule a meeting for the Board of Commissioners in
accordance with that year’s adopted schedule. A notice of such public hearing shall be published
once a week for two (2) consecutive weeks in a newspaper of general circulation in Person
County. Said notice shall be published the first time not less than ten (10) days and not more
than twenty-five (25) days prior to the date established for such public hearing. The Zoning
Administrator will be responsible for mailing written notices to all property owners within 500’
of the property including the applicant and properties separated from the subject property by
street, railroad, and other transportation corridor (N.C.G.S. 160D-602). The Zoning
Administrator shall require that notice be posted on the land subject to the application within
the same time period specified for mailed notices of the hearing (N.C.G.S. 160D-602). The
applicant shall post the notice on weatherproof signs supplied by the Planning and Zoning
Department, one sign per each road frontage and no more than 25’ from the street right-of-way.
Signs must be clearly visible from the street and designate “Zoning Proposal Pending” with the
phone number of the Planning and Zoning Department. When multiple parcels are included, a
posting on each individual parcel is not required, but there should be reasonable notice provided
to interested persons.
b) The Planning Board shall provide a written recommendation to the Board of Commissioners
that addresses whether the proposed amendment is consistent with the comprehensive plan, 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. Prior to adopting or rejecting any zoning amendment, the
Board of Commissioners shall adopt a statement describing whether its action is consistent with
an adopted comprehensive plan and why such action is reasonable and in the public interest.
(Added 3/13/2006)
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c) The Planning Board shall have 30 days within which to submit its recommendation to the Board
of Commissioners. If no written report is received from the Planning Board within thirty 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. (Amended 7/22/02; 3/13/2006).
d) The Board of Commissioners shall consider the application at a public hearing at which all
interested persons shall be permitted to testify. The Board may approve a site specific vesting
plan upon such terms and conditions as may reasonably be necessary to protect the public
health, safety, and welfare. The Board shall not require a landowner to waive his vested rights
as a condition of developmental approval. Approval of a site specific vesting plan and the
granting of vested right status shall not occur under circumstances where a variance from the
provisions of this ordinance is necessary except in cases where such variance has been
previously applied for and granted.
e) A vested right obtained under this section 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.
f) 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 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.
158-5 CONTINUING 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.
158-6 MODIFICATIONS OF VESTED RIGHTS APPROVAL - The Zoning 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 Zoning 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:
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;
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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.
158-7 TERMINATION OF VESTED RIGHT - A vested right established by an approved site specific
vesting plan shall terminate:
1. At the end of the applicable vesting period in respect to buildings and uses for which no
valid building permit application has been filed;
2. With the written consent of the applicant and/or landowner;
3. 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;
4. 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
incurred after approval by the Board. Compensation shall not include any diminution in the
value of the subject property; or,
5. 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;
6. 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 for the Planning Board and County.
SECTION 159 - APPEALS
159-1 SUBMISSION OF PETITION - Petition for appeals from the enforcement and interpretation of
this ordinance, denial of zoning and/or certificate of occupancy and applications for variances shall be
submitted to the Planning and Zoning Department. The petition shall include the following:
1. Completed Appeal to Zoning Administrator Application.
Each petition shall be accompanied by a fee to defray the cost of advertising and other
administrative costs involved.
159-2 An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning
Enforcement Officer certifies to the Board of Adjustment that, based on the records of the case, a stay
would cause damage to life or property, in which case proceedings shall not be stayed otherwise than
by an order from the Person County Superior Court.
159-3 No appeal may be taken to the Board of Adjustment from the action of the Commissioners in
granting or denying a Special Use Permit. Any such action by the Commissioners shall be considered
as the equivalent of action on a proposed zoning amendment and shall be reviewable only in the same
manner as action on a proposed amendment.
159-4 BOARD OF ADJUSTMENT PUBLIC HEARING
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a) After submission of a completed application, the Zoning Administrator will schedule a public
hearing for the Board of Adjustment in accordance with the published Board of Adjustment
meeting schedule on file in the Planning and Zoning Department. t. The Zoning Administrator
shall give notice of a public hearing on the application. A notice of such public hearing shall be
published in a newspaper of general circulation in Person County. Said notice shall be published
not less than five (5) days prior to the date established for such public hearing.
b) The Board of Adjustment shall hold an evidentiary hearing to gather competent, material, and
substantial evidence to establish the facts of the case. Testimony heard shall be under oath.
c) The Board of Adjustment may subpoena witnesses and compel the production of evidence. If a
person fails or refuses to obey a subpoena issued pursuant to this subsection, the Board may
apply to the General Court of Justice for an order requiring that its order be obeyed, and the
court shall have jurisdiction to issue these orders after notice to all proper parties. No testimony
of any witness before the Board pursuant to a subpoena issued in exercise of the power
conferred by this section may be used against the witness in the trial of any civil or criminal
action other than a prosecution for false swearing committed on the examination. Any person
who, while under oath during a proceeding before the Board, willfully swears falsely, is guilty
of a Class 1 misdemeanor. (Added: 3/13/2006)
d) The Board of Adjustment, by a majority vote of its members, may reverse any order,
requirement, decision, or determination of an administration officer charged with the
enforcement of any provision of this ordinance. 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. 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 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 (N.C.G.S. 160D-406)
e) Every final decision of the Board of Adjustment shall be subject to review by the Person County
Superior Court by proceedings in the nature of certiorari.
f) The petition for the writ of certiorari must be filed with the Person County Clerk of Court within
30 days after the later of the following occurrences:
1. A written copy of the Board's decision has been filed in the office of the Planning and
Zoning Department; and
2. A written copy of the Board's decision has been delivered by personal service or certified
mail, return receipt requested, to the applicant or appellant and every other aggrieved
party who has filed a written request for such copy at the hearing of the case.
g) A copy of the writ of certiorari shall be served upon the Person County.
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ARTICLE XV
SECTION 160 - SEPARABILITY
160-1 Should any section or provision of these regulations be for any reason held void or invalid by
the courts, it shall not affect the validity of any other section or provision hereof which is not
itself held void or invalid.
160-2 Wherever the provisions of any other law, ordinance or regulation impose higher standards
than are required by the provisions of this Ordinance, the provisions of such law, ordinance
or regulations shall govern.
ARTICLE XVII
SECTION 170 - SEPARABILITY
170-1 Should any section or provision of these regulations be for any reason held void or invalid
by the courts, it shall not affect the validity of any other section or provision hereof which is
not itself held void or invalid.
170-2 Wherever the provisions of any other law, ordinance or regulation impose higher standards
than are required by the provisions of this Ordinance, the provisions of such law, ordinance
or regulations shall govern.
ARTICLE XVIII
PENALTIES AND FEES
SECTION 180 - PENALTIES FOR VIOLATIONS
(Amended 11/17/2003)
180-1 Penalties for Violation
Any person, firm or corporation who violates any provision of this ordinance shall be
guilty of a Class 3 misdemeanor and shall be fined not more than five hundred dollars
($500). Each day a violation exists shall be a separate violation hereunder.
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(Amended 11/17/2003)
This Ordinance may be enforced by an appropriate equitable remedy, including temporary
restraining order, preliminary injunction and permanent injunction as issued by a court of
competent jurisdiction. (Amended 11/17/03)
SECTION 181
(Amended 11/18/91: Amended 2/1/99; Amended 7/22/02)
ARTICLE XVIIX
SECTION 170190 - EFFECTIVE DATE
1790-1 This ordinance, shall become effective on May 20, 1991.
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APPENDIX A
INTERPRETATION OF TERMS AND DEFINITIONS
Words used in present tense include the future tense.
Words used in the singular number include the plural and words used in the plural number include the
singular.
The word person includes a firm, joint venture, association, organization, partnership, corporation,
trust and company, as well as an individual.
The word lot includes the word "plot" or "parcel".
The word "building" includes the word "structure".
The word "shall" is always mandatory and not merely directory.
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."
The words "Planning Map" or "Official Person County Planning Map" shall mean the planning map
of Person County, North Carolina.
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APPENDIX B
DEFINITIONS
(Amended 09/09/2019, 11/16/20; X/X/21)
ACCESSORY BUILDING - An accessory building, structure or use is a building or structure or use
on the same lot or site with, or of a nature customarily incidental or subordinate to, and of a character
related to the principal use or structure except as specifically provided elsewhere in the Ordinance.
Accessory buildings are, but not limited to: sheds, garages, lean-to, storage building, carports, pool, but
not to include well houses (not to exceed 6’ x 6’), and gazebo or pool house if attached to footprint of
pool. (Amended 6/3/2013, 11/16/20)
ACCESSORY USE - A subordinate use clearly incidental to the principal use of a zoning lot. (Def.
Addition 1/11/96)
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 local government development regulations. These are sometimes
referred to as ministerial decisions or administrative determinations. (Added X/X/21)
AGRICULTURE OR FARM USE - The science or art of cultivating the soil and its fruits, especially
in large areas or fields, and the rearing, feeding, and management of livestock thereon, including every
process and step necessary and incidental to the completion of products there from for consumption or
market and the incidental turning of them to account. This includes tenant housing built for farm
workers, but not to the construction of houses built for family members or others who do not make their
living from the farm; and to the storage, processing, and sale of agricultural products raised on the
premises.
AIRPORT ELEVATION - 609.4 feet above mean sea level.
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
approach zone height limitation slope set forth in Section IV of this Ordinance. In plan the perimeter
of the approach surface coincides with the perimeter of the approach zone.
BEST MANAGEMENT PRACTICE (BMP'S) - 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.
BILLBOARD - An off-premise advertising sign designed for the display of information and/or
advertising. (Def. Added 3/17/97)
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BOARD OF ADJUSTMENT - A semi-judicial body composed of representatives from or for the
planning jurisdiction of Person County which are given certain powers under and relative to this
ordinance.
BREWERY - A legal establishment for the production and packaging of malt beverages for
distribution, retail, wholesale, on or off-premise.
BUFFER - 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.
BUILDING - A structure, or part thereof (i.e. stoop, landing, porch, deck, etc.), either temporary or
permanent, covered or uncovered, and designed for the use or shelter of any person, animal or property
of any kind, including tents, awnings, or vehicles situated on private property and used for purposes of
building. (Amended 2-1-93) Any structure used or intended for supporting or sheltering any use or
occupancy (Amended X/X/2021)
BUILDING LINE - A line running parallel (as determined by the actual location of the building on
the lot), with the front, side or rear of a building. (Amended 2-1-93)
BUILT UPON AREA - That portion of a development project that is covered by impervious or
partially impervious cover including buildings, pavement, gravel areas (e.g. roads, parking lots, and
paths), recreation facilities (e.g. tennis courts), etc. (Note: Wooden slatted decks and the water area of
a swimming pool are considered pervious). (Amended 11/3/97)
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. (Def. added 8/2/2010)
CAMPER/RECREATIONAL VEHICLE PARK - 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. (Def. added 8/2/2010)
CERTIFICATE OF OCCUPANCY - A statement signed by the Zoning Enforcement Officer setting
forth that the building, structure, or use complies with the Planning Ordinance and any applicable
construction codes, and that the same may be used for the purposes stated herein.
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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. (Def. Added 5/5/97)
CONDITIONAL ZONING – A legislative zoning map amendment with site-specific conditions
incorporated into the zoning map amendment. (Added: X/X/21)
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.
CONSTRUCTION SITE IDENTIFICATION SIGN - A sign which identifies architects, engineers,
contractors, and other individual s or firms involved with construction on the premises, the name of the
building or development and/or the expected completion date. (Def. Added 3/17/97)
CONSTRUCTION, TRADES - One who accomplished work or provides facilities under contract
with another and specifically engages in a specialized trade such as plumbing, heating, wiring, sheet
metal and roofing work, etc.
COUNTY GOVERNMENTAL FACILITY - A County owned building or land use for a public
purpose or activity that protects the public health, safety or general welfare. (Ref. Added 2/3/97)
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).
DETERMINATION - A written, final, and binding order, requirement, or determination regarding an
administrative decision. (Added: X/X/21)
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. (Added X/X/21)
DEVELOPMENT - The construction, erection, alteration, enlargement, renovation, substantial repair,
movement to another site, or demolition of any structure. This includes Aany land disturbing activity
which adds to or changes the amount of impervious or partially impervious cover on a land area or
which otherwise decreases the infiltration of perception into the soil. (Rev. X/X/21)
DEVELOPMENT APPROVAL - An administrative or quasi-judicial approval made pursuant to this
Ordinance that is written and that is required prior to commencing development or undertaking a
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specific activity, project, or development proposal. Development approvals include, but are not 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 Ordinance, including plat approvals, permits issued, development agreements entered
into, and building permits issued. (Added X/X/21)
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, 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. (Added X/X/21)
DISCHARGING LANDFILL - A landfill which discharges treated leachate and which requires a
National Pollution Discharge Elimination System (NPDES) permit. (Amended 11/3/97)
DISTILLERY - A legal establishment for the manufacture, blending, fermentation, processing and
packaging of distilled alcohol spirits for distribution, retail, or 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.
DOUBLE-FRONTAGE LOT - A lot with street frontage along two opposite boundaries.
DU - A dwelling unit.
DWELLING - A building that contains one or two dwelling units used, intended or designed to be
used, rented, leased, let or hired out to be occupied for living purposes. (Added X/X/21)
DWELLING UNIT - A single unit providing complete, independent living facilities for one or more
persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.A
residential structure or that portion of a residential structure used or designed as a residence for one
family (Revised X/X/21)
.
ERECT - To build, construct, rebuild, reconstruct as the same are commonly defined.
EVENT CENTER - A commercial establishment and associated grounds engaged in the hosting and
production of pre-planned events like weddings, corporate parties, or reunions. Typical accessory uses
include kitchens or meal preparation space, limited overnight accommodations, photography studios,
facilities to accommodate live or recorded music, on- and off-site parking and outdoor recreation
facilities. (Amended 9/9/19)
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EVIDENTIARY HEARING - 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. (Added X/X/21)
FAMILY - One 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.
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 handicapped persons.
FREE STANDING SIGN - 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. (Def. Added 3/17/97)
FRONTAGE - All property abutting on one (1) side of a street measured along the street line.
GROUND SIGN - A sign placed upon the ground, or a free standing sign, not exceeding eight (8) feet
in height. (Def. Added 3/17/97)
GROUP HOME FOR DEVELOPMENTALLY DISABLED ADULTS - A residence which
provides care for two to nine 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.
HAZARD TO AIR NAVIGATION - An obstruction determined to have a substantial adverse effect
on the safe and efficient utilization of the navigable airspace.
HAZARDOUS MATERIAL - Any substance or material in a particular form or quantity which the
Secretary of Transportation finds may pose an unreasonable risk to health, safety, and property.
Substances so designated may include explosive, radioactive materials, etiologic agents, flammable
liquids or solids, poisons, oxidizing or corrosive materials, and flammable gases. Define via rule
making process, under authority of PL 93-633.
HEIGHT - For the purpose of determining the height limits in all zones set forth in this Ordinance and
shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.
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
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Preservation as compiled by the North Carolina Division of Archives and History in which commercial
use is being operated from the structure.
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.
IMPERVIOUS COVER - A surface that does not allow precipitation to percolate through it.
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;
c) Stormwater will not be considered to be an industrial wastewater unless it is contaminated with
industrial wastewater; or
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. For additional information, see Note 2 located after
Appendix C Table of Permitted Uses. (Amended 11/16/20)
LANDFILL - A facility from the disposal of solid waste on land in a sanitary manner in accordance
with Chapter 130A, Article 9 of the NC General Statutes. For the purpose of this ordinance, this term
does not include composting facilities.
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.
LDN (DAY NIGHT AVERAGE SOUND LEVEL) - A 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.
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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 AREA - The parcel of land enclosed within the boundaries formed by the property lines plus
one-half of any alley abutting 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 LINE, FRONT - Any boundary line of a lot running along a street right of way line.
LOT LINE, REAR - The rear lot line, shall be the property line(s) which is (are) opposite the front
property line. If no property line is deemed to be opposite the front property line and no minimum
building line exists on the final plat to establish a rear lot line, then there shall be no rear lot line;
however, the rear yard setback shall be maintained from the point (apex) on the property's perimeter
which is the furthest removed from the midpoint of the front line. The rear yard minimum building line
shall be a line perpendicular to a straight line connecting said apex and the midpoint of the front lot
line.
LOT LINE, SIDE - A boundary line which is not defined as a front or rear lot line.
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.
MAJOR VARIANCE FROM STATE WATERSHED RULES - A variance from the minimum
statewide watershed protection rules that results in any one or more of the following:
a) The relaxation, by a factor greater than ten (10) percent of any requirement under the low density
option;
b) The relaxation, by a factor greater than five (5) percent, of any buffer, density or built-upon area
requirement under the high density option;
c) Any variation in the design, maintenance or operation requirements of a wet detention pond or other
approved stormwater management system. (Amended 11/3/97)
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
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(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.
MANUFACTURED HOME - A dwelling unit that (1) is not constructed in accordance with the
standards set forth in the North Carolina State Building Code, and (2) is composed of one or more
components, each of which was substantially assembled in a manufacturing plant and designed to be
transported to the home site on its own chassis, and (3) exceeds forty (40) feet in length and eight (8)
feet in width.
MANUFACTURED HOME, CLASS A - A manufactured home constructed after July 1, 1976, that
meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban
Development that were in effect at the time of construction and that meets the following additional
criteria:
a) The structure is made up of two or more sections designed to be installed or assembled into one
unit at the building site;
b) The manufactured home has a length not exceeding four times its width, with length measured
along the longest axis and width measured at the narrowest part of the other axis; and,
c) The pitch of the roof of the manufactured home has a minimum vertical rise of two and two tenths
(2.2) feet for each twelve (12) feet of horizontal run and the roof is finished with a type of shingle
that is commonly used in standard residential construction.
This definition includes typical "double-wide" manufactured homes and does not include modular
housing as regulated by North Carolina State Building Code. (Rev. 5/5/97; X/X/21))
MANUFACTURED HOME, CLASS B - A manufactured home constructed after July 1, 1976, that
meets or exceeds the construction standards promulgated by the U. S. Department of Housing and
Urban Development that were in effect at the time of construction but that does not satisfy all of the
criteria necessary to qualify the house as a Class A manufactured home. A Class B manufactured home
is typically a "single-wide" manufactured home but may also include a double-wide (or triple-wide)
manufactured home that does not meet all the criteria to be classified as a Class A manufactured home.
(Revised 5/5/97; X/X/21))
MANUFACTURED HOME, CLASS C - Any manufactured home that does not meet the definitional
criteria of a Class A or Class B manufactured home.
MOBILE HOME - An alternative term for a manufactured home. (Def. Added 5/5/97)
MOBILE HOME PARK - Any lot upon which three (3) or more manufactured homes, occupied for
dwelling or sleeping purposes, are located regardless of whether or not a charge is made for such
accommodations. (Def. Added 5/5/97)
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MODULAR HOME - A manufactured building designed to be used as a one or two family dwelling
unit which has been constructed in and labeled indicating compliance with the North Carolina State
Building Code, Volume VII - Residential. (Def. Added 5/5/97)
MULTIPHASE DEVELOPMENTS - A development containing 100 acres or more that (i) is
submitted for site plan approval for construction to occur in more than one phase and (ii) is subject to
a master development plan with committed elements, including a requirement to offer land for public
use as a condition of its master development plan approval (N.C.G.S. 160D-108). (Added X/X/21)
NONCONFORMING BUILDING - A building or structure that is not in conformance with the
provisions (Section 75-Table of Dimensional Requirements) of the district in which it is located.
(Added 6/3/2013)
NONCONFORMING LOT – Surveyed and recorded lots that met existing zoning regulations when
created but no longer conform with the adopted regulations. (Added 6/3/2013)
NONCONFORMING USE – A lawful use of land that does not comply with the use regulations for
its zoning district but which complied with applicable regulations before adoption of this ordinance or
the predecessor Person County Planning Ordinance. (Added 6/3/2013)
NON-NOXIOUS - Any substance not physically harmful or destructive to the environment or health
threatening.
NONPOINT 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).
NONPRECISION INSTRUMENT RUNWAY - A runway having an existing instrument approach
procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation
equipment, for which a straight-in non-precision instrument approach procedure has been approved or
planned.
OFF-PREMISE ADVERTISING SIGN - 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.
(Def. Added 3/17/97)
OFF-PREMISE DIRECTIONAL SIGNS - Any off-premise sign indicating the location of or
directions to a business, religious place of worship or other activity. The sign shall not include any
information or message except the name of the business or activity, and directions or symbols indicating
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directions. If a sign exceeds the maximum area it shall be construed as an off-premise advertising sign.
(Def. Added 3/17/97)
OFFICE – A building or portion of a building wherein services are performed involving predominantly
administrative, professional or clerical operations. (Def. Added 12/6/99)
OFFICES / PROFESSIONAL - Offices of accountants, appraisers, architects, attorneys, financial
consultants, dentists, physicians, real estate agencies and similarly recognized professionals.
(Amended February 2014)
ON-PREMISE SIGN - 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. (Def. added 3/17/97)
PHASED DEVELOPMENT PLAN - a plan for land development submitted for the purposes of
obtaining a vested right which must describe with some certainty the type and intensity of use for a
specified parcel or parcels of property and must during construction and at completion meet all land
use requirements of Person County and North Carolina State Law. Such a plan includes, but is not
limited to: a vicinity map; names of adjoining property owners; a general schedule noting development
stages (if available); approximate locations of various proposed land uses; any information available
regarding water and sewer provisions and any other proposed improvements; and any other available
pertinent information. (Amended 11/18/91)
PLANNED BUILDING GROUP - A Planned Group shall consist of two or more principal uses in
one or more structures on the same zoning lot. A Planned Building Group shall be located on a
minimum of a 2-acre lot. (Amended 1/11/96)
PLANNING BOARD - A body appointed by the County Commissioners to perform the following
duties:
a) Develop and recommend long-range development plans and policies;
b) Advise the County Commissioners in matters pertaining to current physical development and
zoning for the County's planning jurisdiction.
PRECISION INSTRUMENT RUNWAY - A runway having an existing instrument approach
procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR). It also
means a runway for which a precision approach system is planned and is so indicated on an approved
airport layout plan or any other planning document.
PRIMARY SURFACE - A surface longitudinally centered on a runway. When the runway has a
specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway;
for military runways or when the runway has no specially prepared hard surface, or planned hard
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surface, the primary surface ends at each end of that runway. The width of the primary surface is set
forth in Section III of this Ordinance. The elevation of any point on the primary surface is the same as
the elevation of the nearest point on the runway centerline.
PRINCIPAL BUILDING / USE - The main building or use of a zoning lot. (Addition January 1996)
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. (Amended
November 1997)
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 quasi-judicial in nature if the regulation
authorizes a decision-making 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 decision-making board. (Added X/X/21)
REAL ESTATE SIGN - A sign advertising the premises for sale, rent or lease. (Def. Added 3/17/97)
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 Environmental
Management Commission. (Amended November 1997)
SETBACK - The distance between the minimum building line and the centerline of a street right of
way; and where no street right of way is involved, the property line shall be used in establishing the
setback.
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, poster, bulletin
board, pennant, placard or temporary sign designed to identify or convey information, with the
exception state, municipal or national flags. (Def. Added 3/17/97)
SITE SPECIFIC DEVELOPMENT PLAN - A plan for land development submitted for the purposes
of obtaining a vested right and must describe with reasonable certainty the type and intensity of use for
a specified parcel or parcels of property. Such a plan drafted by an engineer or registered land surveyor
includes, but is not limited to: the boundaries of the property with bearings and distances; names of
adjoining property owners and a vicinity map; the location and approximate dimensions, including
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heights (if possible) of all existing and proposed structures and buildings; proposed improvements
including provisions for water, sewer, parking, lighting, signage, buffering, and screening; provisions
for storm drainage, solid waste disposal, and open space and recreation areas; a notation detailing total
impervious cover; and a schedule noting development stages. (Amended 11/18/91)
SITE SPECIFIC VESTING PLAN – Any of the following development approvals including Special
Use Permits, PUDs, subdivision plats, site plans, preliminary or general development plans, CD-
rezonings, and formerly site specific and phased development plans. (Added X/X/21)
SPECIAL USE PERMIT (SUP) – A permit issued to authorize development or land sues 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. (Added X/X/21)
STRUCTURE - An object, including a mobile object, constructed or installed by man, including but
without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission
lines.
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. (Def. Added
5/5/97)
TEMPORARY SIGN - 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 with a reasonably short or definite
period after the erection of such sign. If a sign display area is permanent but the message display but
the message displayed is subject to periodic changes, that sign shall not be regarded as temporary. (Def.
Added 3/17/97)
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.
UNCOVERED - Not covered by a roof or other covering.
USE BY RIGHT - A use which is listed as an unconditionally permitted activity in this ordinance.
VARIANCE - A modification or alteration of any of the requirements of this ordinance.
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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 or
phased development plan. site specific vesting plan.(Amended 11/18/91; X/X/21)
VISUAL RUNWAY - A runway intended solely for the operation of aircraft using visual approach
procedures.
WATER DEPENDENT STRUCTURE - 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.
WATERSHED - The entire land contributing surface drainage to a specific point.
WATER SUPPLY CLASSIFICATIONS - Classifications of Fresh Water Supplies for watersheds
within Person County adopted by the Environmental Management Commission; definitions, as
referenced in 15A NCAC 2B.0100 and .0200 as follows:
a) Class WS-II, waters protected as water supplies which are generally in predominately
underdeveloped watershed; point source discharges of treated waste water are permitted
pursuant to Rules .0104 and .02ll of this Subchapter; local programs to control nonpoint
sources and stormwater discharges of pollution area required; suitable of all Class C uses.
b) Class WS-III, waters protected as water supplies which are generally in low to moderately
developed watershed; point source discharges of treatment of treated waste water area
permitted pursuant to Rules .0104 and .0211 of this Subchapter; local programs to control
nonpoint sources and stormwater discharges of pollution area required; suitable for all Class
C uses.
c) WS-IV, water projected as water supplies which are generally in moderately to highly
developed watershed; point source discharges of treated waste water are permitted pursuant
to Rules .0l04 and .0211 of this Subchapter; local programs to control nonpoint sources and
stormwater discharges of pollution area required; suitable for all Class C uses.
d) Class C Uses, waters protected for secondary recreation, fishing, wildlife, fish and aquatic
life propagation and survival, agriculture and other uses suitable for Class C.
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.
(Added 11/1/2004)
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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. (Amended 2/1/93)
YARD, FRONT - A yard across lot, extending from the front building line to the front lot line or right-
of-way. (Amended 2/1/93)
YARD, REAR - A yard located behind the rear building line and extending to rear lot line or right-of-
way. (Amended 2/1/93)
YARD, SIDE - A yard between the side building line and side lot line or right-of-way, extending from
the front building line to the rear building line. (Amended 2/1/93)
ZONING ADMINISTRATOR - Planning Director (aka County Planner) or designated
representative.
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.
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APPENDIX C
TABLE OF PERMITTED USES
(Amended: 5/18/92; 11/17/92; 4/4/94; 7/11/94; 2/19/96; 6/3/96; 7/8/96; 5/5/97; 12/6/99; 5/4/2001;
12/1/2003; 6/6/2005; 11/1/2004; 11/19/2007; 11/3/2008; 12/1/2008; 4/20/2015; 9/6/2016; 10/2/17;
10/5/20, 11/16/20; X/X/21)
Districts in which particular uses are permitted as a Use-By-Right are indicated by "X". Districts
in which particular uses are permitted as a Use-By-Right with certain conditions are indicated by
"X" with a reference to a footnote to this Table.
Districts in which particular uses are permitted as a conditional use upon approval of the Board
of Adjustment are indicated by "C". See Section 73 for details in obtaining a conditional use
permit.
District in which particular uses are permitted as a special use upon approval of the Board of
Commissioners are indicated by "S". See Section 15374 for details in obtaining a Special Use
Permit.
PRINCIPAL USES ZONING DISTRICTS
R B-2 B-1 GI RC
Accessory Building X X X X X
Accessory Uses Incidental To Any Permitted Use (*See Note 1) X X X X
Adoption Services X X
Advertising Agencies X X X
AGRICULTURAL OR FARM USE EXEMPT FROM PLANNING ORDINANCE
Aircraft Equipment, Parts and Supplies (*See Note 5) X X* X
Airline Ticket Agency (*See Note 5) X X X* X
Airport Operations (*Note 5 and Section 92) S S S X* S
Airstrips, (Private) /Heliport Without Commercial Activity
(*See Note 8) (Added 5/7/01) X* X* X* X* X*
Alcoholic Beverages Packaged, Retail Sale X X X
Ambulance Service or Rescue Service SC X X S X
Amusement Parks C S X
Animal Medical Care (Including Kennel Operations) XC X X
Antique Shops SC X X X
Apparel And Accessory Sales X X X
Appliance (Major) Sales and Repair X X X
Appliance (Small) Sales and Repair X X X
Art and Craft Supplies X X X
Art Gallery X X X
Auction Sales (Excluding livestock auctioning) S X X
Automobile Off-Street Parking, (Commercial) X X X X
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Automobile Parts and Accessory Sales X X X
PRINCIPAL USES ZONING DISTRICTS
R B-2 B-1 GI RC
Automobile Rentals and Leasing (*See Note 5) X X X* X
Automobile Repair and/or Body Work (Excluding commercial
wrecking, dismanteling, or storage of junk vehicles) Amended
12/01/2008
X S
Automobile Sales, New and Used SC X X
Automobile Service Station Operations X X X
Bank, Savings and Loan Company and Other Financial Activities X X S X
Barber or Beauty College Instruction X X X
Barbering and Hair Dressing Services X X X
Bed and Breakfast Inns, Boarding and Rooming Houses, and Tourist
Homes SC X X
Bicycle Sales and Repair X X X
Blacksmith XC X
Boats and Accessories, Retail Sales and Service SC X X
Books and Printed Matter, Distribution X X
Book Stores X X X
Bowling Alley X X X
Brewery (Added 10/2/17) S S
Bridal Shops X X
Builders Supply X X
Bus Repair and Storage Terminal Activities (Amended 12/1/2008) X S
Bus Station Activities (*See Note 5) SC X X* X
Camper/Recreational Park (Amended 8/2/2010) See Page 60, 74-1C S S S S
Carpet and Rug Cleaning X X X
Carwash X X X
Catalog Sales X X X
Catering X X X
Cellular Telephone Sales and Services X X X
Cemeteries - Church or Family X X X S X
Cemeteries – Commercial SC SC SC X
Chemical Retail Sales X X
Church, Temples, Synagogues XC XC XC XS X
Clinic Services, Medical and Dental SC X X S X
Club or Lodge SC SC SC X
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Commercial Modular Building (Adopted 5/5/97) X X X
PRINCIPAL USES ZONING DISTRICTS
R B-2 B-1 GI RC
Construction, Trades (*Building, heating, electrical, plumbing, fire
sprinkler and others) (Excluding outside storage of equipment or
supplies) (Amended 11/19/2007)
SC X X X
Construction, Trades (With outside storage of equipment or supplies) X X
Contractor, General (Excluding outside storage of equipment or
supplies) X X X
Contractor, General (With Outside Storage of Equipment or Supplies) X X
Convenience Stores SC X X X
County Governmental Facility (Adopted 2/3/97) SC X X X
Curio and Souvenir Sales X X X
Day Care Center SC XC XC XS X
Distillery (Added 10/2/17) S S
Dry Cleaning and Laundry X X X
Dwelling, Single-Family X X X X
Dwelling, Two-Family and Garage Apartments XC XC XC X
Dwelling, Multiple-Family (See Section 80) S S S X
Eating andr Drinking Facilities (Amended 12/1/2008) X X S
Electrical / Electronic Equipment and Supply Sales X X X
Employment Agencies X X X
Equipment Rental (Ammended 11/16/20) X X X X
Event Center (Amended 09/09/2019) S X X X X
Exterminating Service XC X X
Family Care Home X X X X
Farm Machinery Sales and Servicing SC X X
Farm Supplies Merchandising (Excluding Farm Machinery) X X X
Fire Station And Law Enforcement Operations SC X X X X
Floor Covering Sales X X X
Flower Shop X X X
Funeral Home SC X X X
Furniture Retail Sales X X X
Game and Sports Facilities (Amended 5-18-92) S S
Glass Sales and Installation X X X
Golf Courses SC X X X
Grocery Retail X X X
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PRINCIPAL USES ZONING DISTRICTS
R B-2 B-1 GI RC
Grocery, Wholesale X X
Group Home for Developmentally Disabled Adults X X X X
Gunsmith X X X
Hardware, Paint and Garden Supply Sales X X X
Health Spas, Fitness Center (Amended 2/7/2011) X X X
Historical Preservation Commercial Use SC X X X
Home for the Aged SC SC X X
Home Furnishings And Appliance Sales X X X
Hospital or Sanitarium Care (Except for the Insane, Feeble-Minded and
Addicted) (Amended 12/1/2008) SC X S
Industrial, Light (See Appendix C Note 2) (Amendeddned 11/16/20) S X X X
Industrial, Heavy (See Appendix C, Note 2) (Amended 11/16/20) S X
Insurance Agencies X X X
Interior Decorator X X X
Janitorial Service X X X
Jewelers X X X
Karate and Other Martial Arts Instruction X X X
Kennel Operations, Care SC XC X
Landscape Contractor XC X X
Library SC X X X
Livestock Sales and Auctions (Amended 12/1/2008) S S
Locksmith X X X
Manufactured Home for Temporary Dwelling During Construction of
Permanent Dwelling (Adopted 5/5/97) See Note 7
Manufactured Home (Individual) for Residential Occupancy - Class B
(Rev. 5/5/97) See Note 3
Manufactured Home (Individual) for Residential Occupancy - Class C
(Rev. 5/5/97) See Note 3
Manufactured Home (Individual) for Residential Occupancy - Class A
(Rev. 5/5/97) See Note 6
Manufactured Home Supplies and Equipment Sales SC X X
Manufactured Homes Under the Hardship Class A and B See Note 4
Marinas X X X
Mobile Home Park Butbut Excluding Any Mobile Home Sales
(Amended 11-17-92, 7/11/94) S S S S
Mobile Home Sales and Service X X
Modular Homes (Amended 11-17-92) X X X X
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PRINCIPAL USES ZONING DISTRICTS
R B-2 B-1 GI RC
Monument Sales X X X
Motel, Hotel or Motor Court Operations X X
Movies, Video Sales and Rentals X X X
Moving and Storage Operations (Amended 12/1/2008) X S S
Musical Instrument Sales X X X
Newsstand Sales X X X
Nonhazardous, Non-Toxic Solid Waste Disposal (Adopted 5/18/92) S S S S S
Nursery Operation (Plant) - Agricultural X X X X
Nursing Home SC SC XC X
Office and Professional Office (Adopted 12/6/99) SC X X X X
Office Supplies and Equipment Sales and Service X X X
Painting Contractors X X X
Paving Contractors (Amended 12/1/2008) S
Pawn Shop X X X
Pet Sales, Excluding Kennel Activities or Outside Storage of Animals X X X
Pharmaceutical Sales, Retail X X X
Photography, Commercial X X X
Planned Building Group (See Article Viii, Section 80) (Added 12/1/03) S X X S
Post Office X X X X
Private Recreation Club Or Swimming Club Activities Not Operated As
A Business Or Profit (Amended 12/1/2008) SC SC SC S S
Private Recreation Facilities For Profit (Amended 5/18/92, 7/8/96) S S S S S
Public Recreations (Such as Community Center Buildings, Parks,
Museums, Playgrounds, and Similar Facilities Operated on a Nonprofit
Basis)
SC XC XC X
Public Utility Station, Bulk Station or Substations (Amended 12/1/2008) SC SC SC S S
Radio or Television Studio Activities Only X X
Radio, Telephone and TV Transmitting Tower (See Note 9 and Article
VII & IX) (Amended 11/6/95) S X X X S
Railroad Station Operations (Amended 12/1/2008) SC S S
Railroad Yard Operations S X
Real Estate Agencies X X X
Reception Centers for Recycling SC X X
Reducing Salon Care X X X
PRINCIPAL USES ZONING DISTRICTS
R B-2 B-1 GI RC
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Rest Home SC SC XC X
Retailing or Servicing Operations SC X X
Salvage Operation/Junkyard - Commercial S S
Second Hand and Swap Shop Sales X X X
School, Private or Public (Elementary, Secondary, or Higher Level)
(Amended 12/1/2008) SC SC X X SC
Solar Energy Systems (Added 10/2/17; Deleted 10/5/20) See Person County Solar
Energy System Ordinance
Sport Shops X X X
Stables, Horse (Amended 4/4/94) X S X
Stereophonic and High Fidelity Equipment and Supply Sales X X X
STORAGE, HAZARDOUS, TOXIC AND RADIOACTIVE WASTE NOT PERMITTED
IN ANY DISTRICT
Storage, Household and Commercial SC X X
Storage, Open (Amended 5-4-01) SC SC S
Tanning Salons X X X
Taxicab Stand Operations (*See Note 5) X X X* X
Teaching of Art, Music, Dance, Dramatics, or Other Fine Arts SC X X X
Temporary Construction Building (Amended 6/6/2005) X X X X X
Theater Productions S X X X
Tire Recapping X X
Tire Sales Centers X X X
Tobacco Sales X X X
Travel Agencies (*See Note 5) X X X* X
Truck Stop X
Truck Terminal Activities Repair and Hauling and/or Storage X
Variety, Gift and Hobby Supply Sales X X X X
Winery (Added 11/1/2004) S X
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NOTES TO THE TABLE OF PERMITTED USES
NOTE 1- HOME OCCUPATIONS
(Amended 9/7/94, 3/18/96)
A home occupation is an occupation carried on in a dwelling unit or accessory building in accordance
with the following.
1. The use is an incidental use to the residential property.
2. The home occupation shall not generate significantly greater volumes of traffic than
would be expected in that residential neighborhood.
3. No more than one (1) person other than the resident of the dwelling isare to be engaged in
the home occupation.
4. No more than twenty-five percent (25%) of the total heated floor area of the principal
structure shall be used for the home occupation.
5. One hundred percent (100%) of an accessory structure may be used for the home
occupation: (1) if located to the side or the back of the principal structure; and (2) the total
floor area of the accessory structure does not exceed fifty percent (50%) of the gross floor
area of the principal structure.
6. 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 its' residential character in exterior appearance.
7. The outside storage or exterior display of merchandise, products or materials, is
prohibited.
8. Required parking for a home occupation shall be met off the street and not in a required
front or side yard setback.
9. Signage shall comply with Article XII, Section 125.
10. All residential properties served by a well and/or sewage disposal system must have said
systems evaluated (when applicable) in accordance with North Carolina General Statutes
and local regulations.
11. The use shall not emit any obnoxious 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.
12. The on-premise sale and delivery of goods which 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.
NOTE 2 – INDUSTRIAL AND MANUFACTURING OPERATIONS
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148
(Amended 3/18/96; 2016; 10/06/2020, 11/16/20)
TYPE OF
INDUSTRIAL
USE
GENERAL DESCRIPTION, INTENT AND STANDARDS EXAMPLES OF USES LIGHT INDUSTRIAL (LI)
Light industrial uses are prohibited in the Residential (R) Zoning
District.
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. (Amended 5/18/92)
The intent of these categories is to provide development standards that
promote the development of industrial and manufacturing operations
without compromising the health, safety and welfare of properties
adjacent to and in the vicinity of the project area. Included in this
category are uses that shall have minimal impacts on the public health,
safety and welfare.
The distinctions used in this category closely follow the NAICS
definitions. Manufacturing establishments are located in plants,
factories, or mills and employ power-driven machines and materials-
handling equipment. They may also employ workers who create new
products by hand, without the characteristic machinery-intensive
enterprise. Many manufacturing establishments process products of
agriculture, forestry, fishing, mining, or quarrying as well as products of
other manufacturing establishments. The subcategories reflect sectors
with distinct production processes related to material inputs, production
equipment, and employee skills. 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 and Zoning staff
should rely on the NAICS’ activity dimension to differentiate between
an office activity and a factory activity for such establishments.
Vegetative and/or structural buffers shall be required when light
industrial land uses are adjacent to or across from, any residential use
regardless of the distance separating uses (For additional information,
please see Setback Requirements – Section 75)
Manufacture,
assembly, repair or
servicing of light
industrial goods and
products; business or
consumer machinery;
equipment, products or
by-products;
Commercial bakery;
Crematorium;
Cold storage plant;
Coal sales and storage;
Manufacture, assembly
and repair of computer
components including
semi-conductors;
precision instruments;
electrical/electronic;
toys; wind energy
component;
telecommunication
equipment; advanced
textiles; transportation
equipment
components;
Sheet metal shop;
Bottling;
Woodworking, cabinet
making, and/or
furniture
manufacturing
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TYPE OF
INDUSTRIAL
USE
GENERAL DESCRIPTION, INTENT AND STANDARDS EXAMPLES OF USES HEAVY INDUSTRIAL (HI)
Heavy industrial uses are prohibited in the Residential (R),
Neighborhood Business (B-2) and Rural Conservation (RC) Zoning
Districts. (Amended 11/16/20)
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. (Amended 5/18/92)
Vegetative and/or structural buffers shall be required when heavy
industrial land uses are adjacent to or across from, any residential use
regardless of the distance separating uses (For additional information,
please see Setback Requirements – Section 75)
This District is generally for those industrial uses where the impacts
to the public health, safety and/or welfare are greatest.
These industrial uses typically have large land requirements and
require the outdoor storage of materials. In addition to most of the
industrial uses permitted as “Industrial, Light” uses, uses involving
the primary processing of materials such as metal refining, plastics,
pulp and paper, animal rendering, clay sand or gravel processing are
included in this category. (AmednedAmended 11/16/20)
The Director of Planning may use discretion to consider uses not
specifically listed here as long as these meet the intent of the
definition. The Planning Director shall provide a summary
supporting of their interpretation for the record.
The distinctions used in this category closely follow the NAICS
definitions. Manufacturing establishments are located in plants,
factories, or mills and employ power-driven machines and materials-
handling equipment. They may also employ workers who create new
products by hand, without the characteristic machinery-intensive
enterprise. Many manufacturing establishments process products of
agriculture, forestry, fishing, mining, or quarrying as well as products
of other manufacturing establishments. The subcategories reflect
sectors with distinct production processes related to material inputs,
production equipment, and employee skills. 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 and
Zoning staff should rely on the NAICS’ activity dimension to
differentiate between an office activity and a factory activity for such
establishments.
Animal Processing,
Packing, Treatment
and Storage
Livestock
Slaughtering,
Processing of Food
and Related
Products
Production of
Chemicals, Rubber,
Leather, Clay,
Bone, Plastic,
Stone, Glass
Production of
Fabrication of
Metals or Metal
Products
(enameling,
galvanizing,
sawmill)
Asphalt and
concrete plants
Power generating
plants, including the
storage of ore, coal,
atmospheric gas,
grain, petroleum
and other materials
used to produce
power
Hazardous material
disposal
Explosive Storage
and Distribution
Facilitieses
Fertilizer
Manufacture
Quarry Operations
Storage, Flammable
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INDUSTRIAL ADDITIONS:
1. If otherwise in compliance with applicable provisions of the ordinance and other rules or
regulations, the Zoning Administrator may approve or approve with conditions an
application to expand a principal structure, or parking and circulation areas, by not more
than 10 percent (10%) of those respective areas as reflected in a Special Use approved by
the Board of Commissioners, or as in existence at the time zoning became effective as to
the zoning lot, whichever is applicable. This ten percent limitation shall apply whether
reached in one increment or in more than increment over time.
Prior to making a final decision on any such application, the applicant shall cause notice of
the proposal in a form approved by the Administrator to be given by first class mail to all
property owners within five hundred (500) feet, as shown on the County's tax records, of
the zoning lot. The Zoning Administrator shall afford the notified property owners ten (10)
days within which to comment before mailing a final decision on the application. The
Zoning Administrator shall notify the Planning Boards at its next regular meeting of any
application approved or approved with conditions under this section.
If, in the judgment of the Zoning Administrator, the application presents significant issues
affecting the public health, safety and welfare, he/she shall refer the application to the
Planning Board for approval, denial, or approved with conditions. In such cases, the
applicant shall cause notice of the Planning Board meeting in a form approved by the Zoning
Administrator to be given by first class mail to all property owners within five hundred
(500) feet, as shown on the County's tax records, of the zoning lot.
2. If otherwise in compliance with applicable provisions of this ordinance and other rules or
regulations, the Planning Board may approve an application to expand a principal structure,
or parking and circulation areas, by not more than fifteen percent (15%) of those respective
areas as reflected in a Special Use approved by the Board of Commissioners, or as in
existence at the time zoning became effective as to the zoning lot, whichever is applicable.
This fifteen percent limitation shall apply whether reached in one increment or in more than
one increment over time.
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NOTE 3 - MANUFACTURED HOMES, CLASS B AND CLASS C
(See Note 6 for Manufactured Homes, Class A)
(Amended 7/11/94, 11/6/95, 5/5/97; X/X/21)
A 'Class B' manufactured home shall be a permitted use in the Residential (R) and Rural Conservation
(RC) Zoning Districts provided that:
(1) The exterior finish is in good repair and the exterior materials are comparable in composition,
appearance and durability to the exterior siding commonly used in standard residential construction.
Acceptable materials for the exterior of such homes include but are not limited to vinyl or aluminum
horizontal lap siding (whose reflectivity does not exceed that of gloss white paint), wood, or
hardboard.
(2) The manufactured home is set up in accordance with the standards set by the North Carolina
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;
(3) The roofing materials are compatible with those used in standard residential construction;
(4) The wheels, axles, transporting lights and towing apparatus have been removed
(5) Stairs, porches, entrance platforms and other means of entrance and exit to the home are installed
or constructed in accordance with the North Carolina State Building Code, Volume VII -
Residential.
A Class B manufactured home meeting conditions 1 through 5 above shall be a conditional special use
in the Highway Business (B-1) and Neighborhood Business (B-2) Zoning Districts except when located
within a mobile home park.
A Class C manufactured home meeting conditions 1 through 5 above shall be a conditional use in the
Residential (R) and Rural Conservation (RC) Zoning Districts and shall not be permitted in the
Highway Business (B-1) nor Neighborhood Business (B-2) Zoning Districts except when located
within a mobile home park.
Class B and Class C manufactured homes may be used only for residential purposes and may not be
used for storage accessory buildings, utility buildings nor shops.
All standards of this ordinance must be met before a Certificate of Compliance is issued by the Person
County Inspection Department.
Class B and Class C manufactured homes not meeting requirements (1) through (5) above may be
located in a mobile home park subject to the provisions of the Person County Mobile Home Park
Ordinance. (Rev. 5/5/97)
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NOTE 4 - MANUFACTURED HOMES, HARDSHIP (Revised X/X/21)
The Zoning Administrator Board of Adjustment may grant temporary permits for placing mobile homes
for dwelling purposes to the rear or side of a dwelling located on a residential lot in certain hardship
cases when the Zoning AdministratorBoard of Adjustment finds that:
(1) The person or persons occupying the mobile home are physically dependent upon the
person or persons occupying the dwelling house, or that the person or persons occupying
the dwelling house are physically dependent upon the person or persons occupying the
mobile home.
(2) The water and sewage facilities are approved by the District Health Department.
(3) One of the following types of relationships exists between the occupants of the
manufactured home and the occupants of the principal dwelling unit:
a) Blood relationship.
b) Relationship by marriage.
c) Legal guardian relationship established by law.
d) The attendant is compensated for his or her services and is providing care for noTnot
more than two related persons.
(4) The manufactured home meets requirements 1 through 5 in Note 3 Manufactured Homes,
Class B and Class C In Appendix C, Notes to the Table of Permitted Uses.
The permit shall expire after one (1) year and shall be renewable upon similar findings by the Zoning
Administrator or by the Board of Adjustment. When the hardship ceases to exist, the permit shall
automatically be revoked and the mobile home removed. When any of the terms, conditions, or
restrictions imposed on the conditional special use are not being complied with, the Zoning
Administrator shall rescind and revoke such permits after notifying all parties concerned by letter and
granting full opportunity for a public hearing.
Any mobile home approved by the Board of Adjustment or Zoning Administrator under the hardship
provisions prior to the date of this amendment shall be included in the above restrictions with regard to
expiration of permits after one (1) year from the date of issuance and all such permits shall be renewed
within one (1) year of the date of this amendment. (Rev. 5/5/97)
NOTE 5 - AIRPORT OVERLY
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1. Use specifically permitted only in the Airport Overlay, provided in accordance with
applicable ordinance provisions.
NOTE 6 - MANUFACTURED HOMES, CLASS A
(Adopted 5/5/97)
A Class A manufactured home shall be a permitted use in the Residential (R), Highway Business (B-
1). Neighborhood Business (B-2) and Rural Conservation (RC) Zoning Districts provided that:
(1) The manufactured home is listed and assessed as real property;
(2) All roof structures shall provide an eaves projection of no less than six inches, which may
include a gutter;
(3) 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;
(4) The manufactured home is set up in accordance with the standards set by the N.C. 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;
(5) 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; and
(6) The moving hitch, wheels and axles, and transporting lights have been removed.
A Class A manufactured home may be used only for residential purposes and may not be used for
storage, accessory buildings, utility buildings nor shops. All standards of this ordinance must be met
before a Certificate of Compliance is issued by the Person County Inspection Department.
A Class A manufactured home not meeting criteria (1) through (6) above may be located in a mobile
home park subject to provisions of the Person County Mobile Home Park Ordinance.
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154
NOTE 7 - MANUFACTURED HOME FOR TEMPORARY DWELLING DURING
CONSTRUCTION OF A PERMANENT DWELLING (Revised X/X/21)
The Board of Adjustment Zoning Administrator may grant a conditional use permit to allow the
temporary placement of a manufactured home for dwelling purposes on a lot during construction or
installation of a permanent residential unit on that lot provided that:
(1) A building permit has been issued for construction of the permanent home;
(2) The construction of the permanent home is started within six (6) months from placement of the
manufactured home on the lot and is completed within three (3) years from the date of approval
of the conditional usethe zoning permit. At the discretion of the Boardthe Zoning Administrator,
the duration of the conditional use zoning permit may be extended a maximum of five (5) years
from the date of approval of the permit to allow completion of the permanent home;
(3) The exterior finish is in good repair and the exterior materials are comparable in composition,
appearance and durability to the exterior siding commonly used in standard residential
construction. Acceptable materials for the exterior of such homes include but are not limited to
vinyl or aluminum horizontal lap siding (whose reflectivity does not exceed that of gloss white
paint), wood, or hardboard; and
(4) The manufactured home is set up in accordance with the standards set by the North Carolina
Department of Insurance.
The manufactured home must be removed from the lot within thirty (30) days following issuance of
the Certificate of Occupancy of the permanent home.
Should any of the terms, conditions or restrictions imposed on the conditional use zoning permit be
violated, the Zoning Administrator shall rescind and revoke such permits after notifying by letter all
parties concerned and granting them full opportunity of a hearing. When such a conditional use zoning
permit is revoked, the manufactured home for which it was issued must be removed from the property
within thirty (30) days after the revocation is final. (Adopted 5/5/97)
NOTE 7A – TEMPORARY EMERGENCY USE OF CAMPER/RECREATIONAL VEHICLE
(Added 8/2/2010; Revised X/X/21)
Temporary emergency use of a camper/recreational vehicle is allowed for a period of six months in the
event of a fire, flood or other natural disaster which has made the principal dwelling uninhabitable.
The temporary use must be located on the same lot and a zoning permit is required. The zoning permit
may be renewed for one additional six month period.
The Board of Adjustment Zoning Administrator may allow the temporary use of a camper/recreational
vehicle for dwelling purposes during the construction or installation of a permanent residential unit
provided that:
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155
1. A building permit has been issued for construction of the permanent home.
2. Approval is for a period of one year. Applicant shall only be allowed one reapplication
for the same lot.
3. The camper/recreational vehicle cannot be used for residential purposes on the same lot
once the certificate of occupancy is issued or the time allowed by the Conditional Use
zoning Ppermit has expired.
NOTE 8 – PRIVATE AIRSTRIP/HELIPORT
(Added May 7, 2001)
Private airstrip/heliport without commercial activity. No zoning permit required.
NOTE 9 – RADIO, TELEPHONE AND TV TRANSMITTING TOWER
Towers located in B1, B2 or GI Districts require a Special Use Permit if located adjacent to a
residential use.
Setbacks for Radio, Telephone and TV Transmitting Towers will be equal to the height of the
tower unless the fall-zone is certified to be less than the height of the tower.
Lattice towers, or self-supporting towers, with a triangular base tapered to the top and engineered
with break-points may be setback a distance ½ their height.
At a minimum, towers in all Districts are subject to the standards of the Table of Dimensional
Requirements (Table 75; page 64).
There are no height limitations for towers except as specified by the Federal Aviation
Administration (FAA) in the vicinity of the Person County Airport.
NOTE 10 – DELETED 10/5/20
212
PERSON COUNTY GOVERNMENT
PLANNING & ZONING
DEPARTMENT
SUBDIVISON REGULATIONS
OF PERSON COUNTY
213
Date of Adoption: March 9, 1987 1
Adopted by the Person County Board of Commissioners on March 9, 1987
Amended:
October 17, 1988
June 19, 1989
November 18, 1991
November 7, 1994
November 3, 1997
May 3, 1999
February 7, 2000
April 3, 2000
May 7, 2001
May 21, 2001
January 7, 2002
October 7, 2002
November 17, 2003
August 1, 2005
June 5, 2006
X/X/21
214
Date of Adoption: March 9, 1987 2
TABLE OF CONTENTS
ARTICLE I
GENERAL PROVISIONS
ARTICLE PAGE
Section 10 Title 4
Section 11 Authority and Enactment Clause 4
Section 12 Policy 4
Section 13 Purpose 4
Section 14 Jurisdiction 5
Section 15 Saving Provisions 6
Section 16 Exclusions 6
Section 17 Conditions 7
ARTICLE II
PROCEDURE FOR REVIEW & APPROVAL OF MINOR SUBDIVISIONS
Section 21 Submission of Minor Final Plat 8
ARTICLE Ill
PROCEDURE FOR REVIEW & APPROVAL OF MAJOR SUBDIVISIONS
Section 30 Submission of Concept Plan to the Planning Board for Major Subdivisions 11
Section 31 Submission of the Major Construction Plat to the Planning Board 14
Section 32 Submission of the Major Final Plat to the Zoning Administrator 15
Section 33 Bonding Requirements 16
ARTICLE IV
RESUBDIVISION PROCEDURES
215
Date of Adoption: March 9, 1987 3
Section 40 Resubdivision Procedures 19
ARTICLE V
DESIGN STANDARDS
Section 50 Disclosure of Road Status 18
Section 51 Street Design Standards-General Provisions 21
Section 52 Blocks 24
Section 53 Lots 24
Section 54 Reserved for Future Use 27
Section 56 Easements 27
Section 57 Sites for Public Utilities 27
ARTICLE VI
IMPROVEMENTS AND INSTALLATION OF PERMANENT REFERENCE POINTS
Section 60 Improvements and Monuments 28
ARTICLE VII
ADMINISTRATION
Section 70 Modifications 29
Section 71 Variations 29
Section 72 Penalty 30
Section 73 Filing of Plat 30
Section 74 Separability 30
Section 75 Amendment Procedure 31
Section 76 Effective Date 31
Section 77 Violation 31
Section 78 Appeals 32
APPENDIX A
GLOSSARY
216
Date of Adoption: March 9, 1987 4
Interpretation of Terms and Definitions 34
Definitions 35
ARTICLE I
GENERAL PROVISIONS
SECTION 10 - TITLE
10-1 These regulations shall hereafter be known, cited and referred to as the Subdivision Regulations of
Person County, North Carolina.
SECTION 11 - AUTHORITY AND ENACTMENT CLAUSE
11-1 In pursuance of the Authority conferred by Section 330 of Chapter 153A of the General Statutes of
North Carolina as amended; NOW, THEREFORE, THE BOARD OF COMMISSIONERS OF
PERSON COUNTY, NORTH CAROLINA DOES HEREBY ORDAIN AND ENACT INTO LAW,
THE FOLLOWING ARTICLES AND SECTIONS.
SECTION 12 - POLICY
12-1 It is hereby declared to be the policy of Person County to consider the subdivision of land and the
subsequent development of the subdivided plat as subject to control of the County pursuant to the
prevailing comprehensive plan in an effort to ensure that orderly, planned, efficient growth is realized.
SECTION 13 - PURPOSE
13-1 The regulations as herein described are adopted for the following purposes:
(a) To protect and provide for the public health, safety and general welfare of the citizens of Person
County.
(b) To protect and conserve the value of land throughout Person County, the value of buildings or
other improvements thereupon, and to minimize the conflicts among the uses of land and
buildings.
(c) To guide public and private policy and action in order to provide adequate and efficient
transportation, water, sewerage, schools, parks, playgrounds, recreation, and other public
requirements and facilities.
217
Date of Adoption: March 9, 1987 5
(d) To establish reasonable standards of design and procedures for subdivisions and resubdivisions,
in order to further the orderly layout and use of land; and to ensure proper legal descriptions and
monumenting of subdivided land.
13-1 Continued
(e) To ensure that public facilities are available and are sufficient to accommodate the needs of the
proposed subdivision.
(f) To prevent the pollution of air, streams and parks; to assure the adequacy of drainage facilities;
to protect the water table; and to encourage 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.
(g) To preserve the natural beauty and topography of the county and to ensure that development is
consistent with indigenous natural and physical features.
(h) To provide for open spaces through the most efficient design and layout of the land, including
the use of average density in providing for minimum width and area of lots while preserving the
density of land as established in the Official Zoning Ordinance of Person County, North Carolina.
SECTION 14 - JURISDICTION
14-1 These subdivision regulations shall govern each and every subdivision of land lying within Person
County and outside the subdivision regulation jurisdiction of the City of Roxboro.
14-2 No land shall be subdivided within the subdivision jurisdiction of the county until said subdivision
has received the approval of Person County pursuant to the provisions of this Ordinance.
14-3 No building permit, certificate of occupancy or any other permit required by other applicable laws or
ordinances shall be issued for any parcel or plot of land which was created by subdivision after date
of, and not in conformity with, the provisions of these regulations, and, no excavation of land or
construction of any public or private improvements shall commence except in accordance with the
provision as herein expressed.
218
Date of Adoption: March 9, 1987 6
SECTION 15 - SAVING PROVISION
15-1 These regulations shall not be construed as abating any action now pending under, or by virtue of,
prior existing subdivision regulations; or as discontinuing, abating, modifying, or altering any penalty
accruing or about to accrue; or as affecting the liability of any person, firm, or corporation; or as
waiving any right of the County under any section or provision existing at the time of adoption of the
regulations; or as vacating or annulling any rights obtained by any person, firm or corporation, by
lawful action of the County except as shall be expressly provided for in these regulations.
SECTION 16 - EXCLUSIONS
(Amended: 5-3-99)
16-1 The following events shall be excluded from the provisions of this Ordinance:
(a) The combination or recombination of portions of previously subdivided and recorded lots if the
total number of lots is not increased and the resultant lots are equal to or exceed the standards of
the county as shown in its subdivision regulations.
(b) The division of land into parcels greater than ten (10) acres if no street right-of-way dedication
is involved.
(c) The public acquisition by purchase of strips of land for the widening or opening of streets.
(d) The division of a tract in single ownership, the entire area of which is no greater than two acres
into not more than three lots, if no street right-of-way dedication is involved and the resultant lots
are equal to or exceed the standards of the county as prescribed herein.
(e) The division of land for use as gravesites.
(f) A division of land which has been created by a judicial partition and/or sale.
(g) All re-surveys of an existing lot.
(h) Any plat presented for recordation on which a lot is shown and pledged as collateral for loan
proceeds and where the property depicted by the plat is a portion of a larger tract of property
owned by the same entity.
(i) A combination of lands which adds land to previously subdivided and recorded lots which are
contiguous to the addition.
219
Date of Adoption: March 9, 1987 7
16-2 Plats deemed an exception to the provision of this Ordinance may be recorded provided the owner
desiring to record such plats shall obtain a Certificate of Exception from the Planning and Zoning
Administrator and shall present such certificate to the recorder as proof the exception condition is
present. The required certificate shall read as follows:
Certificate of Exception.
I certify that said property qualifies as an exception to the provisions of the Person County Subdivision
Regulations under Section 16-1.
________________________________________________ ___________
Planning and Zoning Administrator Date
Person County
North Carolina
SECTION 17 - CONDITIONS
17-1 Regulation of the subdivision of land and the attachment of reasonable conditions thereupon is a valid
exercise of the police power granted to Person County by the State of North Carolina. The developer
must encumber the responsibility to comply with conditions imposed by the Planning Board and/or
Board of Commissioners for design, dedication, improvement, and restrictive use of the property in
question.
220
Date of Adoption: March 9, 1987 8
ARTICLE II
PROCEDURES FOR REVIEW AND APPROVAL OF MINOR SUBDIVISION
SECTION 21- SUBMISSION OF MINOR FINAL PLAT TO THE
PLANNING AND ZONING ADMINISTRATOR
(As amended 11-3-97, 5-3-99, X-X-2021)
21-1 The requirements for obtaining minor final subdivision plat approval are as follows:
(a) The subdivider shall submit to the Planning and Zoning Administrator or his designated agent at
least two (2) prints of the proposed minor subdivision. Copies of the final plat may be submitted,
at the discretion of the developer, simultaneously with the proposed minor preliminary plat.
(Amended 5/3/99)
(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 two
hundred (200) feet and shall comply with GS 47-30, as amended. (Amended 5/3/99)
The following information shall also be included:
Location of one- hundred year flood plain boundary and floodway, if the United States
Army Corps of Engineers-prepared Flood Hazard Boundary Map is available;
Reservations and easements to be dedicated to public uses or sites for other than
residential use with notations expressing the purpose and limitation thereof;
21-2 The following certificates shall be placed on the minor final plat:
(a) All certificates as required by GS 47-30, as amended.
(b) I hereby certify that the subdivision plat as depicted hereon has been granted final approval
pursuant to the Person County Subdivision Regulations.
___________________________Date.19___________
__________________________________________
Planning and Zoning Administrator
221
Date of Adoption: March 9, 1987 9
21-3 The Planning and Zoning Administrator shall review the final plat of the proposed minor subdivision
and shall render the determination that said proposal does constitute a minor subdivision and meets
all requirements relative thereto. Based upon those findings, the Planning and Zoning Administrator
shall either approve, disapprove or conditionally approve the proposed final minor subdivision plat.
21-4 A decision shall be rendered by the Planning and Zoning Administrator within five (5) working days
after receipt of the proposed minor subdivision. Exempt plats, as defined by the North Carolina General
Statute 47-30 and the Person County Subdivision Ordinance, shall be reviewed with a decision rendered
within three (3) to five (5) business days. The decision of the Planning and Zoning Administrator may be
appealed to the Planning Board by the developer. Failure of the Planning Board to render a decision within
forty-five (45) days shall constitute approval thereof.
222
Date of Adoption: March 9, 1987 10
ARTICLE III
PROCEDURES FOR REVIEW AND APPROVAL OF MAJOR SUBDIVISIONS
SECTION 30 - SUBMISSION OF A CONCEPT PLAN TO THE
PLANNING BOARD FOR A MAJOR SUBDIVISION
(As amended 11-18-91, 11-3-97, 5-3-99, 2-7-2000, X/X/21)
30-1 The requirements for obtaining concept plan approval are as follows:
(a) The subdivider shall initially submit to the Planning and Zoning Administrator or his designated
agent, not less than four (4) weeks prior to the regularly scheduled Planning Board meeting, at
least fourteen (14) three (3) prints and one (1) digital copy of the proposed concept plan
according to the published Planning Board review schedule on file in the Planning and Zoning
Department. Once the plan has been reviewed by staff, the subdivider shall submit a minimum
of ten (10) prints for review by the Planning Board (Amended 5/3/99; X/X/21)
(b) The concept plan shall be prepared by a professional land surveyor, engineer, land planner or
landscape architect and may be in sample sketch form depicting labeled indexed contours at
intervals of ten (10) feet and the proposed layout of streets, lots and other features in relation to
existing conditions. (Amended 5/3/99)
30-2 In the event that a subdivision is to be developed in stages, the concept plan shall be submitted for the
entire development. A construction plat and final plat may be submitted for each stage.
30-3 The Planning and Zoning Administrator shall forward the concept plan of the major subdivision to
the Planning Board for review and approval.
30-4 After considering any input and/or recommendations received in connection with the proposed
subdivision in addition to any comments which the subdivider may have, the Planning Board shall
approve, disapprove or conditionally approve the proposed major subdivision construction map or
concept plan.
30-5 Failure of the Planning Board to render a decision within forty-five (45) days after the concept plan
is reviewed at a Planning Board meeting shall constitute approval thereof. Approval of the concept
plan is authorization for the plan to be submitted to the Board of Commissioners. (amended 5/3/99)
223
Date of Adoption: March 9, 1987 11
(a) Within two (2) weeks upon receiving notice of the Planning Board's approval of the concept plan, the
subdivider shall submit to the Planning and Zoning Administrator or his/her designated agent fourteen
(14) ten (10) prints of the approved proposed concept plan. (Amended 5/3/99)
30-6 The Board of County Commissioners shall review the proposed concept plan and render a decision
within forty-five (45) days of the Board of Commissioners meeting at which the concept plan is
reviewed. Failure of the Board to act shall constitute approval. (amended 5/3/99)
An approval pursuant to this section shall expire twenty-four (24) months from the date of approval
of the Concept Plan or from February 7, 2000 (the date of approval of this amendment), whichever is
later. (Amended 2/7/2000)
An approved Concept Plan shall become vested for an unlimited time if within the twenty-four (24)
months from the date of approval of the Concept Plan or from February 7, 2000, (the date of approval
of this amendment), whichever is later, the following plans approved by applicable governmental
authorities are delivered to Planning and Zoning: (A) sedimentation and erosion control plan, and (B)
road construction plan. (Amended 2/7/2000)
Neither an approved Concept Plan nor a vested Concept Plan shall be revoked except pursuant to the
standards set forth in 30-7.6 for termination of a vested right (except that for this purpose 30-7.6 is
modified to substitute the words “concept plan” for the words “site specific development plan”).
(Amended 2/7/2000)
Prior to the expiration of the twenty-four (24) month approval period for a Concept Plan, an
application for vested rights may be submitted on the basis of a site specific development plan.
Subsequent to the expiration of the twenty-four (24) month approval period, Planning and Zoning will
not accept an application for vested rights. (Amended 2/7/2000)
30-7 At the subdivider's discretion, he or she may also submit a site specific development plan and make
application for vested right status for a subdivision when submitting it to the Planning Board and the
County Commissioners for concept plan approval. Vested right status may be applied for jointly with
the concept plan application or may be requested at a later date.
30-7.1 Vested right status shall guarantee the right to develop according to the provisions of the approved
concept plan and approved site specific development plan for a period up to and including two (2)
224
Date of Adoption: March 9, 1987 12
years from the date of approval. Any guaranteed right to develop period greater than two (2) years
and up to a maximum of five (5) years shall be at the discretion of the Board of County
Commissioners.
30-7.2 Vested right status for a subdivision and associated concept plan shall be granted only after a public
hearing is conducted by the County Commissioners. Such public hearing may be conducted in
conjunction with the County Commissioners’ consideration of concept plan approval for the
development project or at the time application for a vested right is submitted. Notification and
advertisement of such public hearing shall occur in the same manner as is designated for an
amendment to this ordinance.
30-7.3 Approval of a site specific development plan and the granting of vested right status shall not occur
under circumstances where a variance from the provisions of this ordinance is necessary except in
cases where such variance has been previously applied for and granted.
30-7.4 The vested right granted under the approval of a site specific development plan is not a personal right,
but shall attach to and run with the applicable property. All development, whether by the original
applicant and/or landowner and/or their successors, shall occur as originally designated and approved
on the site specific development plan unless modifications are submitted to and approved by the
County Commissioners.
30-7.5 The establishment of a vested right under an approved site specific development 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 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.
30-7.6 A vested right established by an approved site specific development 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; or,
(b) with the written consent of the applicant and/or landowner; or,
(c) upon findings by the County Commissioners, after 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 development plan; or,
225
Date of Adoption: March 9, 1987 13
30-7.6 Continued
(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 incurred after approval
by the County Commissioners. Compensation shall not include any diminution in value of the
subject property; or,
(e) upon findings by the County Commissioners, after a public hearing in which reasonable notice
and advertisement are given, that the land owner, his successors, or any representatives
intentionally supplied in accurate information or made material misrepresentations which alter
the original approval of the County Commissioners of the site specific development plan; or,
(f) upon changes in state or federal law or regulation that preclude the proposed use or development
project as originally approved in the site specific development plan. The owner and/or applicant
shall have the opportunity in this instance to submit appropriate applicable modifications to the
site specific development plan for the Planning Board and County Commissioners' approval in
order to allow vested right status to remain valid.
30-7.7 Nothing in this ordinance shall require the County Commissioners to grant a vested right to develop
in conjunction with the approval of a concept plan. Nothing shall preclude subsequent reviews and
approvals of site specific development plans by the Planning Board and County Commissioners to
ensure compliance with the terms and conditions of the original approval, provided such reviews and
approvals are not inconsistent with the original approval. Nothing in this ordinance shall prohibit the
County Commissioners from the revocation of the original approval or from other remedies for failure
to comply with the applicable terms and conditions of all approvals or of this ordinance.
226
Date of Adoption: March 9, 1987 14
SECTION 31 - SUBMISSION OF THE MAJOR CONSTRUCTION PLAT
TO THE ZONING ADMINISTRATOR
(As amended 10-17-88, 6-19-89, 5-3-99)
31-1 The applicant shall submit the proposed construction plat to the North Carolina Department of
Transportation District Engineer for review. The District Engineer shall render the determination that
said proposal does constitute a construction plat and meets all requirements relative thereto.
(Amended 5/3/99)
(a) A copy of the approved construction plat signed by the District Engineer must be filed with the
Planning and Zoning Administrator prior to any earth disturbing activity.
31-2 If more than one (1) acre of land is disturbed, an erosion and sedimentation control plan, in accordance
with North Carolina General Statute 113A-57, as amended, shall be prepared and submitted to the
North Carolina Department of Environment and Natural Resources, land quality section for review
and comment. A copy of the approved erosion and sedimentation control plan shall be submitted to
the planning and zoning administrator. (Amended 5/3/99)
(a) If a developer, corporation, private landowner or other person 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 U. S.
Army Corps of Engineers prior to commencement of earth-disturbing activities.
31-3 The Planning and Zoning Administrator or his designated agent shall distribute copies of the
construction plat of the proposed major subdivision to various agencies for review relative to street
design, and erosion and sedimentation control.
227
Date of Adoption: March 9, 1987 15
SECTION 32 - SUBMISSION OF THE MAJOR FINAL PLAT TO THE
PLANNING AND ZONING ADMINISTRATOR
(As amended: 5-3-99)
32-1 The requirements for obtaining major final subdivision plat approval are as follows:
(a) The subdivider shall submit to the planning and zoning administrator or his designated agent, at
least three (3) prints of the proposed subdivision prepared in accordance with the requirements
of this Ordinance. (Amended 5/3/99)
(b) The proposed major 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 two hundred (200) feet and comply with GS 47-30 as amended. (Amended 5/3/99)
THE FOLLOWING INFORMATION SHALL ALSO BE INCLUDED:
Reservations, easements and alleys to be dedicated to public or private uses as noted with notes
explaining the limitations thereof;
The location of the one-hundred year flood plain and floodways, if the United States Army Corps
of Engineers-prepared Flood Hazard Boundary Map is available;
32-2 The following certificates shall be placed on the final plat:
(a) All certificates as required by GS 47-30 as amended.
(b) I hereby certify that the subdivision plat as depicted hereon has been granted final approval
pursuant to the Person County Subdivision Regulations. (Amended 05/03/99)
___________________________Date.19___________
__________________________________________
Planning and Zoning Administrator
32-3 No major final plat shall be approved until all improvements are installed or meet the requirements as
established in Section 33 and the certificates as depicted thereon have been signed.
228
Date of Adoption: March 9, 1987 16
32-4 The Planning and Zoning Administrator shall review the signed final plat for consistency with the
concept plan and construction plat and other requirements as expressed herein. Based upon those
findings, the Planning and Zoning Administrator shall approve, disapprove, or conditionally approve
the proposed final plat.
32-5 A decision shall be rendered by the Planning and Zoning Administrator within five (5) working days
after receipt of the proposed final plat. The decision of the Planning and Zoning Administrator may
be appealed to the Planning Board by the developer. Failure of the Planning Board to render a decision
within forty-five (45) days shall constitute approval thereof.
SECTION 33 - BONDING REQUIREMENTS
(As amended 5/3/99; 6/5/06; X/X/2021)
33-1 In the event that the required improvements have not been completed prior to the submission of the
major final plat, the developer shall guarantee the completion of the required improvements in a subdivision
by means of a bond with surety or other guarantees satisfactory to the County Manager or his/her designee
in an equal amount to one-hundred ten percent (110%) of the estimated cost of the required improvements
whereby improvements may be made and utilities installed. The reasonably estimated cost of completion
shall include one hundred percent (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 ten
percent (10%) allowed under this subdivision includes inflation and all costs of administration regardless
of how such fees or charges are denominated. within a reasonable period of time as agreed upon by the
developer and County Manager or his/her designee One of the following methods shall be pursued by the
developer to ensure the installation of said improvements: (Amended 6/5/06; X/X/2021)
a) Filing a performance or surety bond with the developer/property owner as principal and a surety
approved by the County Manager or his/her designee upon recommendation of the County Engineer;
and in an amount approved by the County Manager or his/her designee upon recommendation of
the County Engineer, or, (amended 6/5/06)
b) Depositing or placing in escrow a certified check or cash in an amount to be determined by the
County Manager or his/her designee upon Adopted March 9, 1987 15 recommendation of the
County Engineer. Portions of the security deposit may be released as the work progresses in
accordance with Section 33-5; or, (amended 6/5/06)
229
Date of Adoption: March 9, 1987 17
c) 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 his/her designee upon recommendation
of the County Engineer. (amended 5/3/99; 6/5/06)
d) Other form of guarantee that provides equivalent security to a surety bond or letter of credit. (SL
2019-79 SB 313)
33-2 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. (SL 2019-
79 SB 313)
33-3 The developer shall have the option to post one type of a performance guarantee as provided for in 33-
1 of 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
section. (SL 2019-79 SB 313)
33-4 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, 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 33-1 of this subsection and shall
include the total cost of all incomplete improvements. (SL 2019-79 SB 313)
33-2 33-5 When the required improvements have been completed the developer shall notify the Planning
and Zoning Administrator. The Planning and Zoning Administrator shall request comments relative to those
improvements from the North Carolina Department of Transportation, the Soil Conservation Service and
the Person County Health Department, who will notify the Planning and Zoning Administrator that the
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improvements have been installed to their satisfaction. The Planning and Zoning Administrator shall request
in writing to the County Manager 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, 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. (SL
2019-79 SB 313). In the event of default by the developer, the County Manager 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. (Amended 5/3/99;
6/5/06; X/X/2021)
33-3 33-6 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.
33-4 33-7The County ManagerZoning Administrator or his/her designee will not release nor reduce a
performance bond or other guaranty as allowed in Section 33-1 until the County Engineera licensed North
Carolina engineer has submitted a certificate stating that all required improvements have been satisfactorily
completed. (Amended 5/3/99; 6/5/06; X/X/2021)
33-5 33-8A performance bond or other guaranty as allowed in Section 33-1 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 planning and zoning administrator.
The reduction shall not exceed 75% of the said original bond or guaranty. (Amended 5/3/99)
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Date of Adoption: March 9, 1987 19
ARTICLE IV
SECTION 40 - RESUBDIVISION PROCEDURES
40-1 For any replatting or resubdivision 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 (1) no lot or tract of land shall be created or sold that is smaller than the
size shown on the approved plat; (2) drainage, easements or rights of way shall not be changed; (3)
street alignment and block sizes shall not be changed; (4) the rear lot lines on double tiered lots shall
not be changed; (5) the rear portion of lots shall not be subdivided from the front part; (6) the character
of the area shall be maintained.
ARTICLE V
DESIGN STANDARDS
SECTION 50 - DISCLOSURE OF ROAD STATUS
(As amended 5-3-99; 4-3-00, 5-21-01; 1-07-02; 8-01-05) (Added 4-3-2000; 5-7-2001)
50-1 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 herein. However, the Planning Board
encourages the subdivider to use the public designation and give careful consideration to the design
of streets in accordance with those standards provided by the North Carolina Department of
Transportation. (Amended 5-21-01)
(a) In subdivisions in which there are seven or more lots, roads shall be designated “Public” and
comply with subdivision roads minimum construction standards required by the North Carolina
Department of Transportation, Division of Highways (paved); (amended 5-21-01; 1-07-02)
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50-1 Continued
(b) 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 in section 50-1(a) (paved). The developer or person causing standards
to be upgraded is responsible for upgrading the substandard portion of road. (Amended 5-21-01;
1-07-02)
(c) Where an approved concept plan shows extension of roads to subsequent phases or to additional
property, a temporary turn around shall be installed. Said turn around shall have a minimum 70
foot diameter (driving surface). The temporary turn around does not have to be paved. (amended
5-21-01)
(d) Previously established subdivisions with six (6) or more lots having an interior road or roads
designated as public and 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 public road is upgraded per paragraph 50-1 (a) above as applicable. The
developer or person causing the needed upgrade to the Class “A” road is responsible for
upgrading the substandard portion of the road. (amended 5-21-01)
(e) All “private” or undesignated Class A roads that existed as of May 3, 1999, the date of approval
of this ordinance change are grandfathered and exempt from paragraph 50-1(a) through (d).
(Amended 5/3/99, amended 4/3/00, amended 5-21-01)
(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 grandfathered and exempt from the provisions of paragraph 50-1(a) through
(e). “Grandfathered”, for purposes of Section 50-1 means a road is exempt from standards
imposed by Section 50-1 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.
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Date of Adoption: March 9, 1987 21
If a road loses its grandfathered status, it is subject to all requirements of Section 50-1 as of the
date of the loss of the grandfathered status. (Added 4/3/2000,) (Amended 5/21/01)
50-2 Private roads may be used to serve 6 or less lots but must be constructed in accordance with a policy
entitled: "Minimum Construction Standards for Private Roads, Person County, North Carolina" except
where the provisions of Section 51 of the subdivision ordinance impose additional requirements for
layout or design. (Amended 5-21-01; 1-07-02)
50-3 Except as expressed herein, State-maintained roads shall comply with the requirements of prevailing
construction standards as imposed by the North Carolina Division of Highways
50-4 In the event that the private road designation is exercised, the developer shall comply with North
Carolina General Statute 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. Written acknowledgment of receipt of the disclosure
statement by the buyer shall be conclusive proof of the delivery thereof. (Amended 5-21-01)
50-5 Family subdivisions of property, for residential purposes and use by family members, will not cause
any road improvement or construction requirement of Section 50 and 53-2(a) of this ordinance to be
imposed. A Family Subdivision may be further subdivided pursuant to this section. The following
conditions apply to a “family” subdivision authorized by this paragraph: (Added 5-7-01)
(a) Family member status is granted to a person who is a direct lineal or adopted descendant, lineal
ascendant, sibling or spouse of the grantor.
(b) Legal documents such as a birth certificate, marriage certificate or adoption papers will be used
to show family relationship.
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Date of Adoption: March 9, 1987 22
50-5 Continued
(c) When a family subdivision is made, the plat map must have a plat map disclaimer affixed,
which clearly states, “This is a family subdivision and road improvements are not required unless
further subdivided”.
(d) Easements to the family subdivision lots must clearly show on the plat map and include the
following annotation: “Access is over a private road right-of-way, a road maintenance agreement
is not required and may not be available.”
(e) Family subdivision of property shall be made only one time per family member. (Added 5-7-01)
(Amended 8-01-05)
SECTION 51 - STREET DESIGN STANDARDS - GENERAL PROVISIONS
(As amended 10-17-88, 11-7-94, 5-3-99)
51-1 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 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 streets.
51-2 Street layouts shall be as follows:
(a) Street jogs with center line offsets of less than one-hundred-fifty (150) feet shall be avoided.
(b) Intersections with a major street or highway shall be at least four-hundred (400) feet apart from
corner property line to corner property line.
(c) In subdivisions in which there are twenty-five (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 lane ingress into the subdivision and two lanes egress out of the subdivision to
allow a right turn lane and a left turn lane onto the highway.
(d) Turn arounds shall have a minimum of seventy (70) feet (driving surface) unless NCDOT
standards are greater.
(e) Two means of ingress/egress (loop roads) are preferred. (Amended 5/3/99)
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Date of Adoption: March 9, 1987 23
51-4 A partial-width right of way may be allowed in a subdivision where:
(a) In the judgment of the Planning Board it is found 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;
and,
(b) The access serving the subdivision is classified as a Class B road in accordance with a policy
entitled: "Minimum Construction Standards for Private Roads, Person County, North Carolina";
and,
(c) The right-of-way width provided is adequate to allow for the construction of a travelway, ditches,
shoulders and turn around required for the class of road serving the subdivision; and,
(d) The right-of-way width provided would allow access by the largest emergency services vehicle
serving the district in which the subdivision is located; and,
(e) If one or more of the following conditions are met:
(1) When the partial width right-of-way adjoins undeveloped property and is not less than
twenty-five (25) feet in width, and when said adjoining undeveloped property is subdivided
and the remainder of the full required right-of-way can be dedicated.
(2) 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.
(3) 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.
(f) Failure of the Planning Board to render a decision by its next regular meeting after the request
has been received shall constitute the approval thereof. The decision of the Planning Board
may be appealed to the Board of County Commissioners and the failure to render a decision
within forty-five (45) days shall constitute approval thereof.
51-5 Alleys shall be required in all blocks along the rear line of business property. Alleys may also be
required in multiple family residential or industrial blocks if, in the opinion of the Planning Board,
alleys are needed to service these areas. All permanent dead-end alleys shall be provided with a
turnaround.
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Date of Adoption: March 9, 1987 24
51-6 No alley shall have access from a major street or highway but shall have its access points confined to
minor streets.
51-7 In order to provide a uniform system of road naming along both public and private roads; to eliminate
duplicate or phonetically similar street names; to provide for the uniform marking of public and
private streets and roadways; and to establish procedures by which road names can be named or
renamed the "Road Naming Ordinance for the County of Person, North Carolina" is incorporated
herein by reference.
51-8 Where a tract of land to be subdivided adjoins a federal or state highway, the subdivider 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
subdivider shall be required to provide an easement ten (10) feet wide 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.
51-9 Drainage pipes shall be installed under driveways which cross a drainage ditch and these pipes shall
have a minimum inside dimension of fifteen (15) inches. This requirement may be waived when
valley gutter system is approved.
51-10 Driveways shall be constructed so that drainage water will not run into the road or highway.
51-11 In all major subdivisions which adjoin a major highway or state secondary road having an average
daily traffic count of 2,000 vehicles or more, the subdivider shall reserve a twelve (12) foot right-of-
way on that portion of the subdivision that is located along that road frontage. The right-of-way shall
be measured from the centerline of the subdivision access road which intersects the major highway or
state secondary road and shall be a minimum of 300 linear feet.
51-12 In all major subdivisions which adjoin a major highway or state secondary road having an average
daily traffic count of 3,000 vehicles or more, the developer shall be required to construct a right turn
lane into the major subdivision. Right turn lanes shall not be required where there is not sufficient
road frontage along the land being subdivided and there is not sufficient right-of-way on adjacent
property to construct the turn lane.
It shall be the applicant's responsibility to provide written explanation of why there is not sufficient
area to construct the turn lane.
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Date of Adoption: March 9, 1987 25
SECTION 52 - BLOCKS
52-1 Intersecting streets shall be laid out at such intervals that block lengths are not more than twenty-four
hundred (2400) feet nor less than four hundred (400) feet except where, in the opinion of the Planning
Board, existing conditions justify a modification of this requirement.
52-2 Blocks shall have sufficient width to provide for two tiers of lots of appropriate depth, except where
otherwise required to separate residential development from through traffic or nonresidential uses
52-3 Pedestrian ways or cross walks, not less than ten (10) feet in width shall be provided near the center
and entirely across any block 1,200 feet 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 schools, shopping areas, churches, parks, playgrounds, transportation or other similar facilities.
SECTION 53 - LOTS
(As Amended 11-18-91, 5-3-99; 10-7-2002)
53-1 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.
53-2 Every lot shall front or abut on a dedicated street or a private road constructed in accordance with the
provisions of this Ordinance except as follows:
(a) Lots located in one (1) to five (5) lot subdivisions, provided there shall exist a recorded access at
least fifty (50) feet in width and for the exclusive use of a single residential unit established on
such lot. However, the access shall be maintained in a condition passable for emergency and
service vehicles, and that no such access shall be established closer than one- hundred-fifty (150)
feet to any other previously recorded access. (Amended 5/3/99)
53-3 Proposed lot lines and the centerline of a proposed street may be coterminous, provided however that
a ten (10) foot utility easement is located within the proposed street right of way. 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 shown in Section 55.
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Date of Adoption: March 9, 1987 26
53-4 Residential lots not having access to public water and public sewage disposal shall be at least 43,560
square feet in area of usable land not less than one hundred (100) feet wide at the building line.
53-5 Where public water and sewer facilities are not available and individual water supplies or individual
sewage disposal systems are planned, the subdivider, at his own expense, shall have the site
investigated under the supervision of the County Health Department or other person approved by the
County Health Department to determine whether or not such individual facilities are feasible and shall
present proof to the Planning Board that appropriate soil tests have been conducted and each lot in the
subdivision not served by public water and sewage disposal systems has been approved by the County
Health Department 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. (The number of percolation tests required
and depth of test holes shall be determined by the County Sanitation.)
53-6 Should public water and sewer facilities be available and each lot served by same, the minimum lot
size may be reduced to six thousand (6,000) square feet of usable area not less than sixty (60) feet
wide at the building line, subject to approval by the Planning Board. Should public sewer facilities
be available and each individual lot be served by same, the minimum lot size may be reduced to fifteen
thousand (15,000) square feet of usable area not less than seventy-five (75) feet at the building line,
subject to approval by the Planning Board. Should public water facilities be available and each lot
served by same, the minimum lot size may be reduced to twenty thousand (20,000) square feet of
usable area not less than one hundred (100) feet wide at the building line, subject to approval by the
Planning Board.
53-7 Side lot lines shall be substantially at right angles or radial to street lines.
53-8 All lots shall conform, to the minimum standards or dimensions noted herein and those contained in
an applicable zoning ordinance, building codes, or other official regulations.
53-9 FLAG LOTS – A lot, created by a subdivision, composed of 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. 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.
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Date of Adoption: March 9, 1987 27
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:
(a) Where necessary to eliminate access onto arterials.
(b) To reasonably utilize irregularly shaped land.
(c) To reasonably utilize land with difficult topography.
(d) To reasonably utilize land with limited site suitable for septic tank nitrification.
(e) 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.
(f) To provide for the protection of significant natural or cultural resources.
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 flagstaff is 35 feet. The area of the flagstaff portion of the flag lot shall not be included in the
calculation of minimum lot area.
The Person County Planning Board shall recommend denial of any flag lot(s) which in its opinion
do not constitute sound planning, or provide for reasonable subdividing of property, or create an
excessive number of entrances onto an existing or proposed road, or any other reason that is
specified by the Planning Board that is neither arbitrary nor capricious.
In minor subdivisions (1-5 lots, etc.) a flag lot requires a variation (pursuant to Section 71) and must
adhere to the above restrictions.
(Added 10/07/2002)
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Date of Adoption: March 9, 1987 28
SECTION 54
Reserved.
SECTION 56 - EASEMENTS
56-1 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 easements shall be at least ten (10) feet wide.
56-2 Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be
provided a storm water easement or drainage right of way conforming substantially with the lines of
such watercourse, and such further width or construction, or both, as will be adequate for the purpose
of drainage. Parallel streets or parkways may be required in connection therewith.
56-3 Lakes, ponds, creeks, and similar areas will be acceptable for maintenance only if sufficient land is
dedicated as a public recreation area or park or if such area constitutes a necessary part of the
drainage control system. The acceptance of such dedicated areas must be approved by the Planning
Board before the Board of Commissioners will consider accepting it.
56-4 All telephone lines and power lines are recommended to be located underground. The telephone
company and the power company shall be provided with copies of the construction plat by the
subdivider and be expected to work with the developer in designing the utilities plan for the
subdivision. 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.
56-5 Street lighting is optional; however, provisions for street lighting should be incorporated with the
developer's utility plans if street lighting is proposed.
56-6 Person County does not obligate itself in assuming any costs incurred in developing underground
utilities but encourages developers to investigate the advantages of locating utility lines underground.
SECTION 57 - SITES FOR PUBLIC UTILITIES
57-1 To insure 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 concept plan.
ARTICLE VI
IMPROVEMENTS AND INSTALLATION OF PERMANENT REFERENCE POINTS
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Date of Adoption: March 9, 1987 29
SECTION 60 - IMPROVEMENTS AND MONUMENTS
(As amended 5-3-99)
60-1 No subdivisions shall be granted final approval unless the following improvements either have been
constructed or approved as prescribed by Article V, Design Standards.
60-2 Street right of way shall be graded and paved to sufficient width, properly drained, and prepared with
a proper surface and base so as to be acceptable for maintenance by the North Carolina Department
of Transportation or to the standards for Private Road Designation as introduced in Article V of this
Ordinance.
60-3 All monuments shall be shown on the final plat. (amended 5/3/99)
(a) 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,
Chapter 56, Section 1600, standards of practice for land surveying in North Carolina and North
Carolina General Statutes 47-30 mapping requirements (as amended). (Amended 5/3/99)
ARTICLE VII
ADMINISTRATION
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Date of Adoption: March 9, 1987 30
SECTION 70 - MODIFICATIONS
70-1 The standards and requirements of this Ordinance may be modified by the Person County Planning
Board in the case of a Planned Unit Development, or other development not having traditional design,
which in the judgment of the Planning Board provides adequate public spaces and improvements for
the circulation, recreation, light, air and service needs of the tract when fully developed and populated,
and which also provides such covenants or other legal provisions as will assure conformity to and
achievement of the plan. The Planning Board may impose such conditions necessary to ensure
adequate design and development. This section applies to residential development and to non-
residential development, as defined in Appendix A, where special design and development
considerations require modification from traditional standards for residential development. Non-
residential lots shall be recorded as such clearly noting on the recorded plat either Non-Residential -
Commercial, Non-Residential - Industrial, or Non-Residential - Recreational use designation.
SECTION 71 – VARIATIONS
(As amended 5-3-99)
71-1 Where, because of topographical or other conditions peculiar to the site, strict adherence to the
provisions of the regulations of this Ordinance would cause an unnecessary hardship (monetary
considerations are not a proper criterion in determining unnecessary hardship), the subdivider may
request a variation. Such request must be submitted in written form and explain the need for such
variation. Any and all variations shall be forwarded to the County Commissioners with
recommendation and rationale for approval or disapproval by the Planning Board. Any variation thus
authorized by the County Commissioners required to be entered in writing in the minutes of the
County Commissioners and the reasoning on which the departure was justified shall be set forth.
(Amended 5/3/99)
SECTION 72 - PENALTY
72-1 Any person who, being the owner or agent of the owner of any land within the subdivision regulation
jurisdiction of Person County as defined herein, hereafter transfers or sells land by reference to a plat,
except for plats recorded in the Office of the Register of Deeds prior to the adoption date of this
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Date of Adoption: March 9, 1987 31
Ordinance, showing a subdivision of land before such plat has been properly approved under this
Ordinance and recorded in the Office of the Register of Deeds of Person County, shall be guilty of a
misdemeanor. The description by metes and bounds in the instrument of transfer shall not exempt the
transaction from such penalties. The County, through its County Attorney or other official designated
by the County Board of Commissioners, may enjoin such illegal transfer or sale by action for
injunction.
SECTION 73 - FILING OF PLAT
(As amended 5/3/99)
73-1 Following adoption of this Ordinance by the Person County Board of Commissioners, the Register of
Deeds shall not thereafter file or record a plat of a subdivision located within the platting jurisdiction
of Person County without the approval of the subdivision by the Planning and Zoning Administrator
as required in this Ordinance, except for plats dated prior to the adoption of this Ordinance. 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 landowner shown on the subdivision plat submitted for recording or his authorized
agent, shall sign a statement on the plat stating whether or not any land shown thereon is within the
platting jurisdiction of Person County as defined in Section 14. The filing or recording of a plat or
subdivision without the approval of the Planning and Zoning Administrator as required by this
Ordinance, shall be null and void. (amended 5/3/99)
SECTION 74 - SEPARABILITY
74-1 Should any section or provision of these regulations be for any reason held void or invalid by the
courts, it shall not affect the validity of any other section or provision hereof which is not itself held
void or invalid.
74-2 Wherever the provisions of any other law, ordinance or regulation impose higher standards than are
required by the provisions of this Ordinance, the provisions of such law, ordinance or regulations shall
govern.
SECTION 75 - AMENDMENT PROCEDURE
(Amended 11-18-91)
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Date of Adoption: March 9, 1987 32
75-1 This Ordinance may be amended from time to time by the Person County Board of Commissioners as
herein specified but no amendment shall become effective unless it shall have been proposed by or
shall have been submitted to the Planning Board for review and recommendation. The Planning Board
shall have forty-five (45) days within which to submit its recommendation. Failure of the Board to
submit its recommendation within this time period shall constitute a favorable recommendation. A
public hearing shall be held by the Board of County Commissioners before adoption of any proposed
amendment to this Ordinance. A notice of such public hearing shall be given once a week for two (2)
consecutive calendar weeks in a newspaper of general circulation in Person County. Said notice shall
be published the first time not less than ten (10) days nor more than twenty-five (25) days prior to the
date established for such public hearing.
SECTION 76 - EFFECTIVE DATE
76-1 This Ordinance, adopted by the County Commissioners of Person County, North Carolina, shall take
effect and be in force from and after March 9, 1987.
SECTION 77-VIOLATION OF SUBDIVISION REGULATIONS
(Added 11/17/2003)
77-1 Violation:
1) Any person, firm or corporation who violates any provisions of this Ordinance shall be guilty of
a Class 3 Misdemeanor and shall be fined not more than five hundred dollars ($500.00). Each
day a violation exists shall be a separate violation hereunder.
2) This Ordinance may be enforced by an appropriate equitable remedy, including temporary
restraining order, preliminary injunction and permanent injunction as issued by a Court of
competent jurisdiction. (Added 11/17/2003)
SECTION 78 – APPEALS
(Added X/X/2020)
78-1 Appeals of administrative decisions under this Ordinance shall be heard by the Board of Adjustment.
Appeal petitions shall be submitted to the Person County Planning Department in accordance with the Board
of Adjustments adopted yearly schedule. Petitions shall be accompanied by a fee to defray the cost of
advertising and other administrative costs involved.
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Date of Adoption: March 9, 1987 33
78-2 An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning
Enforcement Officer certifies to the Board of Adjustment that, based on the records of the case, a stay would
cause damage to life or property, in which case proceedings shall not be stayed otherwise than by an order
from the Person County Superior Court.
78-3 After submission of a completed application, the Zoning Administrator will schedule a public hearing
for the Person County Board of Adjustment in accordance with that year's adopted schedule. The Zoning
Administrator shall give notice of a public hearing on the application. A notice of such public hearing shall
be published in a newspaper of general circulation in Person County. Said notice shall be published not less
than five (5) days prior to the date established for such public hearing. The Zoning Administrator will be
responsible for mailing written notices to all property owners within 500’ of the property including the
applicant. The Zoning Administrator shall require that notice be posted on the land subject to the
application. The applicant shall post the notice on weatherproof signs supplied by the Planning Department,
one sign per each road frontage and no more than 25’ from the street right-of-way. Signs must be clearly
visible from the street and designate “Zoning Proposal Pending” with the phone number of the Person
County Planning office.
78-4 The Board of Adjustment shall hold an evidentiary hearing to gather competent, material, and
substantial evidence to establish the facts of the case. Testimony heard shall be under oath.
78-5 The Board of Adjustment may subpoena witnesses and compel the production of evidence. If a person
fails or refuses to obey a subpoena issued pursuant to this subsection, the Board may apply to the General
Court of Justice for an order requiring that its order be obeyed, and the court shall have jurisdiction to issue
these orders after notice to all proper parties. No testimony of any witness before the Board pursuant to a
subpoena issued in exercise of the power conferred by this section may be used against the witness in the
trial of any civil or criminal action other than a prosecution for false swearing committed on the
examination. Any person who, while under oath during a proceeding before the Board, willfully swears
falsely, is guilty of a Class 1 misdemeanor. (Added: 3/13/2006)
246
Date of Adoption: March 9, 1987 34
78-6 The Board of Adjustment, by a vote of four-fifths of its members, may reverse any order, requirement,
decision, or determination of an administration officer charged with the enforcement of any provision of
this ordinance. 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. 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 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
(N.C.G.S. 160D-406)
78-7 Every final decision of the Board of Adjustment shall be subject to review by the Person County
Superior Court by proceedings in the nature of certiorari.
78-8 The petition for the writ of certiorari must be filed with the Person County Clerk of Court within 30
days after the later of the following occurrences:
a) A written copy of the Board's decision has been filed in the office of the Planning and Zoning
Department; and
b) A written copy of the Board's decision has been delivered by personal service or certified mail,
return receipt requested, to the applicant or appellant and every other aggrieved party who has filed
a written request for such copy at the hearing of the case.
78-9 A copy of the writ of certiorari shall be served upon the Person County.
247
Date of Adoption: March 9, 1987 35
APPENDIX A
GLOSSARY
INTERPRETATION OF TERMS AND DEFINITIONS
Words used in the present tense include the future tense.
Words used in the singular number include the plural, and words used in the plural number include the
singular.
The word "person" includes a firm, joint venture, association, organization, partnership, corporation, trust,
and company, as well as individual.
The word "lot" includes the words "plot", "parcel", "tract", or "site".
The word "building" includes the word "structure".
The word "shall" is always mandatory and not merely directory.
The word "may" is conditional and should not be construed as mandatory.
The word "street" includes the words "road" and "highway".
248
Date of Adoption: March 9, 1987 36
DEFINITIONS
(As amended 05/03/99)
ACCESSORY BUILDING - A detached subordinate structure operated and maintained under the same
ownership and located on the same lot as the principal structure and is not used for residential occupancy.
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.
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 COUNTY COMMISSIONERS - The Board of County Commissioners of the County of Person,
North Carolina.
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.
BUILDING - Any structure, either temporary or permanent, having a roof or other covering, and designed or
used for the shelter or enclosure of any person, animal or property of any kind, including tents, awnings, or
vehicles situated on private property and used for purposes of building.
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.
BUILDING INSPECTOR - The person designated by Person County to enforce the building codes within its
territorial jurisdiction.
CAPITAL IMPROVEMENTS PROGRAM - A proposed schedule of all future projects in order of
construction priority which are to be encumbered by Person County.
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 Health Department and
the North Carolina Department of Natural Resources and Community Development.
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 Health Department and the Water Supply Branch of the North Carolina Department of
Natural Resources and Community Development.
249
Date of Adoption: March 9, 1987 37
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. (Amended 5/3/99)
CONCEPT PLAN - A sketch, preparatory to the preparation of the construction plat for a major subdivision,
to enable the developer to save time and expense in reaching general agreement with the Planning Board and
Board of County Commissioners relative to the general layout and design of the proposed subdivision.
DEVELOPER - Any person, firm, trust, partnership, association, or corporation engaged in development, or
proposed development, of a subdivision.
EASEMENT - Authorization by a property owner for the use by another, and for a specified purpose, or any
designated part of his property.
FRONTAGE - All property abutting on one (1) side of a street measured along the street line.
GRADE - The slope of a road, street, or other public way specified in percentage (%) terms.
IMPROVEMENTS - (See Lot Improvement).
INDIVIDUAL SEWAGE DISPOSAL SYSTEM - A septic tank, seepage tile sewage disposal system or any
other approved sewage treatment device.
INDIVIDUAL WATER SYSTEM - The provision of a potable water system by means of an on-site well.
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 AREA - The parcel of land enclosed within the boundaries formed by the property lines plus one-half
of any alley abutting the lot between the boundaries of the lot, if extended.
LOT, CORNER - Any parcel of land having frontage on more than one street (road) which abuts an
intersection of those streets (roads).
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, 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.
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 LINE, FRONT - Any boundary line of a lot running along a street right-of-way line.
250
Date of Adoption: March 9, 1987 38
LOT LINE, REAR - The rear lot line, shall be the property line(s) which is (are) opposite the front property
line. If no property line is deemed to be opposite the front property line and no minimum building line exists
on the final plat to establish a rear lot line, then there shall be no rear lot line; however, the rear yard setback
shall be maintained from the point (apex) on the property's perimeter which is the furthest removed from the
midpoint of the front line. The rear yard minimum building line shall be a line perpendicular to a straight
line connecting said apex and the midpoint of the front lot line.
LOT LINE, SIDE - A boundary line which is not defined as a front or rear lot line.
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.
MAJOR SUBDIVISION - All subdivisions not classified as a minor subdivision including, but not limited
to, subdivisions of six (6) or more lots, or any size subdivision requiring any new street or extension of local
government facilities, or the creation of any public improvements. (Amended 5/3/99)
MINOR SUBDIVISION - Any subdivision containing not more than five (5) lots fronting on an existing
street, not involving any new street or road, or the extension of municipal facilities, or the creation of any
public improvements and not adversely affecting the remainder of the parcel of adjoining property, and not
in conflict with any provisions or portion of the comprehensive plan and Zoning Ordinance, or lots located
in one (1) to five (5) lot subdivisions as provided in Section 53-2 of this Ordinance. (Amended 5/3/99)
NON-RESIDENTIAL SUBDIVISION - A subdivision having intended use other than residential, such as
commercial or industrial or recreational.
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.
OPEN 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.
ORDINANCE - Any legislative action, however denominated, of a local government which has the force of
law, including any amendment or repeal thereof.
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.
251
Date of Adoption: March 9, 1987 39
PLANNING BOARD - A body appointed by the County Commissioners to perform the following duties:
develop and recommend long range development plans and policies; and advise the County Commissioners
in matters pertaining to current physical development and zoning for the County's planning jurisdiction.
PLAT - A map or plan of a parcel of land which is to be, or has been subdivided.
PLAT, CONSTRUCTION - The maps or drawings showing the specific location and design of improvements
to be installed in the subdivision.
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.
PUBLIC IMPROVEMENT - Any drainage ditch, roadway, parkway, sidewalk, pedestrianway, tree, lawn,
off street parking areas, lot improvement, or other facility for which the local government may ultimately
assume for the maintenance or operation thereof, or which may affect an improvement for which the local
government responsibility is established.
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.
RIGHT OF WAY - A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road,
electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special
use.
RIGHT OF WAY, PARTIAL-WIDTH - A right of way which has a width of less than fifty (50) feet.
SAME, OWNERSHIP - Ownership by the same person, corporation, firm entity, partnership, or
unincorporated association; or ownership by different corporations, firms, partnerships, entities or
unincorporated associations, in which a stockholder, partner, or associate, or a member of his family owns an
interest in each corporation, firm, partnership, entity, or unincorporated association.
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.
SITE SPECIFIC DEVELOPMENT PLAN - a plan for land development submitted for the purposes of
obtaining a vested right and must describe with reasonable certainty the development intentions for a specified
parcel or parcels of property. Such a plan drafted by an engineer or professional land surveyor includes, but
is not limited to: The boundaries of the property with bearings and distances; names of adjoining property
252
Date of Adoption: March 9, 1987 40
owners and a vicinity map; a delineation of the proposed lots including bearings and distances; provisions
regarding water and sewer and any other proposed improvements such as lighting, buffering, recreation areas,
etc.; and a schedule (if any) noting development stages. (Amended 11/18/91, 5/3/99)
STREET - A public or private thoroughfare with a width of at least fifty (50) feet which affords access to
abutting property and is recorded as such in the office of the Person County Register of Deeds. Particular
kinds are as follows:
COLLECTOR STREET - A street intended to move traffic from local streets to secondary arterials.
CUL-DE-SAC - A local street with only one outlet and having an appropriate terminal for the safe
and convenient reversal of traffic movement.
STREET, 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.
MAJOR THOROUGHFARE - Streets and highways primarily for through, fast or heavy traffic.
MARGINAL ACCESS STREET - A minor street which is parallel to and adjacent to major highways;
and which provides access to abutting properties and protection from through traffic.
MINOR STREET - Streets which have been designed primarily to afford access to abutting properties.
STREET, PRIVATE - A street right-of-way serving residential lots within a subdivision and dedicated
for the exclusive use of property owners therein and permitted guests. Private road maintenance
responsibilities are shared jointly by abutting property owners.
SUBDIVISION - As defined in North Carolina General Statute 153A-335, all divisions of a tract or parcel
of land into two or more lots, building sites or other division for the purpose, whether immediate or future,
and includes all division of land involving the dedication of new streets or a change in existing streets;
however, the following is not included within this definition and is not subject to any regulations enacted
pursuant to this Part:
253
Date of Adoption: March 9, 1987 41
(a) The combination or recombination of portions of previously subdivided and recorded lots if the
total number of lots is not increased and the resultant lots are equal to or exceed the standards of
the county as shown in its subdivision regulations.
(b) The division of land into parcels greater than ten (10) acres if no street right-of-way dedication
is involved.
(c) The public acquisition by purchase of strips of land for the widening or opening of streets.
(d) The division of a tract in single ownership, the entire area of which is no greater than two acres
into not more than three lots, if no street right-of-way dedication is involved and the resultant lots
are equal to or exceed the standards of the county as prescribed herein.
(e) The division of land for use as gravesites.
(f) A division of land which has been created by a judicial partition and/or sale.
(g) All re-surveys of an existing lot.
(h) Any plat presented for recordation on which a lot is shown and pledged as collateral for loan
proceeds and where the property depicted by the plat is a portion of a larger tract of property
owned by the same entity.
(I) A combination of lands which adds land to previous subdivided and recorded lots which are
contiguous to the addition.
VESTED RIGHTS - a right pursuant to the North Carolina General Statutes to undertake and complete the
development of property under the terms and conditions of an approved site specific development plan.
(Amended 11-18-91)
254
AGENDA ABSTRACT
Meeting Date: May 3, 2021
Agenda Title: Public Hearing for Petition SUB-01-21 - A request by DLH Development, LLC, for a
cluster subdivision concept plan for The Highlands at Duncan Plantation, consisting of 24 lots on 35.5 acres
located on Duncan Plantation Drive (off of SR 1711 - Kermit Duncan Rd.) on Tax Map & Parcel A63-41C
in the R (Residential) Zoning District
Summary of Information:
Currently, the subject property is vacant and it contains woodlands. The property is zoned R (Residential).
It abuts single-family dwellings, including lots in the Crystal Springs subdivision to the north and lots in
the Duncan Plantation subdivision to the east and south.
The Duncan Plantation subdivision (to the east and south of this site) was approved by the Board of
Commissioners in 2004 for 35 lots. When the Board of Commissioners reviewed the subdivision plans in
2004 and again in 2006 (for a revision), both plans showed 26 “future lots” for the subdivision on this
parcel. That phase of the subdivision was never constructed and is being proposed at this time as a cluster
subdivision, The Highlands at Duncan Plantation.
There will be a total of 24 lots located on 35.5 acres. The minimum lot size allowed in a cluster subdivision
is 6,000 square feet; however, the applicant is proposing a minimum lot size of 40,000 square feet.
The subdivision will contain 10.64 acres of common open space, which will include two proposed SCM’s
(stormwater control measures) that have been reviewed by the county’s consulting stormwater engineer.
There is a stream located along the northern border of the proposed subdivision and the applicant is
proposing a 50’ wide stream buffer in accordance with the Planning Ordinance.
The applicant is proposing 2 public streets with cul-de-sacs in the subdivision with 50’ wide rights-of-way
that will be dedicated to NCDOT. The property does not lie within the 100-year special flood hazard area
according to the FEMA map and all lots will be served by individual septic systems and wells.
The Person County Land Use Plan identifies the property as Suburban Residential, which includes lots
densities of 1-3 dwelling units per acre.
Appendix O of the Land Use Plan lists goals and objectives for the county including the following:
1.5 – Provide for a variety of housing types, densities and price ranges.
Planning Staff Recommendation: The proposed subdivision meets the requirements outlined in Section 77
Cluster Development of the Person County Planning Ordinance and planning staff recommends approval
of the concept plan for the cluster subdivision SUB-01-21.
Planning Board Recommendation: At the April 8, 2021 meeting of the Planning Board, the Board
recommended unanimous (5-0) approval of the subdivision concept plan, SUB-01-21, as presented.
Recommended Action: Vote to approve, approve with conditions or deny the cluster subdivision concept
plan.
Submitted by: Lori Oakley, Planning Director
255
256
SUB-01-21
Staff Analysis
1
Cluster Subdivision Concept Plan
SUB-01-21
The Highlands at Duncan Plantation
EXPLANATION OF THE REQUEST
A request by DLH Development, LLC, for a cluster subdivision concept plan for The Highlands at Duncan
Plantation, consisting of 24 lots on 35.5 acres located on Duncan Plantation Drive (off of SR 1711 - Kermit
Duncan Rd.) on Tax Map & Parcel A63-41C in the R (Residential) Zoning District.
LOCATION & CURRENT LAND USE
Currently, the subject property is vacant and contains woodlands. The property is zoned R (Residential).
Condition and land use of the surrounding properties are:
To the West –Single-family dwellings and woodlands zoned R (Residential)
To the North– Single-family dwellings in the Crystal Springs subdivision zoned R
(Residential).
To the East and South – Single-family dwellings in the Duncan Plantation subdivision zoned
R (Residential).
BACKGROUND INFORMATION ON THE SITE
The Duncan Plantation subdivision (to the south and east of this site) was approved by the Board of
Commissioners in 2004 for 35 lots. A majority of those lots have single family dwellings built on them.
When the Board of Commissioners reviewed the subdivision plans in 2004 and again in 2006 (for a
revision), both plans showed 26 “future lots” for the subdivision on this parcel. That phase of the
subdivision was never constructed and is being proposed at this time as The Highlands at Duncan Plantation
subdivision.
LAND USE / SITE PLAN ISSUES
A single-family cluster subdivision is proposed for the site in accordance with Section 77 of the Person
County Planning Ordinance. There will be a total of 24 lots located on 35.5 acres. The minimum lot
size allowed in a cluster subdivision is 6,000 square feet; however, the applicant is proposing a
minimum lot size of 40,000 square feet.
Setbacks are reduced in cluster subdivision and are as follows: Front on main road – 25 feet, front on
cul-de-sac – 10 feet, rear – 15 feet and side - 8 feet.
The subdivision will contain 10.64 acres of common open space, which will include two proposed
SCM’s (stormwater control measures) in accordance with Section 77-7 Cluster Development and
Section 31 Person County Falls Watershed Stormwater Ordinance for New Development of the Person
County Planning Ordinance.
The applicant is proposing 2 public streets with cul-de-sacs in the subdivision with 50’ wide rights-of-
way that will be dedicated to NCDOT. NCDOT has reviewed the proposed subdivision concept plan.
The lots will be served by individual septic systems and wells.
257
SUB-01-21
Staff Analysis
2
The property is located within the Falls Watershed and the plan has been reviewed by the county’s
consulting engineer for stormwater compliance.
There is a stream located along the northern border of the proposed subdivision and the applicant is
proposing a 50’ wide stream buffer in accordance with the Water Supply Watershed Protection
Requirements contained in Section 30 of the Planning Ordinance. The property does not lie within the
100-year special flood hazard area according to the FEMA map.
COMPREHENSIVE PLAN
The Person County Land Use Plan identifies the property as Suburban Residential. Suburban Residential
is defined as
Residential land uses including subdivisions and manufactured home parks at densities of 1-3
dwelling units per acre; commercial, office, industrial, public/institutional uses meeting locational
criteria. Locational criteria for nonresidential uses within this land use category would include
frontage and access to a major State highway or secondary road, proximity to similar uses and
spatial separation from non-compatible uses such as existing residential development. Land uses
within this category could develop with or without public sewer.
Appendix O of the Land Use Plan lists goals and objectives for the county including the following:
1.5 – Provide for a variety of housing types, densities and price ranges.
PLANNING STAFF ANALYSIS AND RECOMMENDATION
The property is zoned R (Residential) and the applicant is proposing to develop a 24 lot cluster subdivision
on 35.5 acres. The subdivision will contain 10.65 acres of common open space and 2 stormwater control
measures in compliance with the County’s Falls watershed regulations. When the adjoining subdivision
was originally approved it showed a future phase in this area consisting of 26 lots.
The proposed subdivision meets the requirements outlined in Section 77 Cluster Development of the Person
County Planning Ordinance and planning staff recommends approval of the concept plan for the cluster
subdivision SUB-01-21.
PLANNING BOARD RECOMMENDATION
At the April 8, 2021 meeting of the Planning Board, the Board recommended unanimous (5-0) approval of
the subdivision concept plan, SUB-01-21, as presented.
Submitted by: Lori Oakley, Planning Director
258
KermitDuncan
Rd Sequoia DrCrystal Sprin
gs
Dr
Duncan Plantation RdEdenglen Ln2294422944A63 41CA63 41C
64906490A63 42A63 42
2516225162A62 423A62 423
2294622946A63 41DA63 41D
75767576A63 148A63 148
56795679A73 49A73 49
2683326833A63 370A63 370
2214422144A62 188A62 188
55315531A63 41A63 41
2683526835A63 372A63 372
2177821778A62 168A62 168
2568225682A63 314A63 314
2684226842A63 369A63 369
2568025680A63 312A63 312
54195419A63 39A63 39 2267222672A63 210A63 210
2214022140A62 184A62 184
2251922519A63 304A63 304
10911091A62 266A62 266
2684626846A63 376A63 376
2684126841A63 368A63 368
2567225672A63 310A63 310
2290622906A63 41BA63 41B
2569625696A63 327A63 327 2569525695A63 326A63 326
2583425834A63 324A63 3242569425694A63 325A63 325
2683726837A63 364A63 364
2683826838A63 365A63 365
2683926839A63 366A63 366
2684026840A63 367A63 367
2684526845A63 375A63 375
2684326843A63 373A63 373
2684426844A63 374A63 374
2684726847A63 377A63 377
2684826848A63 378A63 378
2214322143A62 187A62 1872214722147A62 191A62 191
16371637A62 270A62 270
14501450A62 268A62 268
2283622836A62 311A62 311
2283722837A62 312A62 312
2251322513A63 303A63 303
19521952A62 272A62 272
2227322273A62 199A62 199
2283822838A62 313A62 3132284022840A62 315A62 315
927927A62 265A62 265
2567325673A63 311A63 311
2283922839A62 314A62 314
2214622146A62 190A62 190
2569925699A63 330A63 330
867867A62 264A62 264
2568725687A63 318A63 318 2568825688A63 319A63 3192568625686A63 317A63 317
18471847A62 271A62 271
2568925689A63 320A63 320
2214122141A62 185A62 185
2214522145A62 189A62 189
2568325683A63 315A63 315 2568425684A63 316A63 316
2569725697A63 328A63 328
2887528875A63 404A63 404
2214222142A62 186A62 186
2569825698A63 329A63 329
55375537A63 41AA63 41A
2283422834A62 309A62 309
2569225692A63 323A63 323
493493A62 273A62 273
2684926849A63 379A63 3792566825668A63 306A63 306
2178621786A62 170A62 170
2178721787A62 171A62 171
General MapSUB-01-21Highlands atDuncan Plantation
¯
Local
Private
A63 41C
Parcels
1 inch = 300 feet
259
KermitDuncan
Rd Sequoia DrCrystal Sprin
gs
Dr
Duncan Plantation RdEdenglen Ln2294422944A63 41CA63 41C
64906490A63 42A63 42
2516225162A62 423A62 423
2294622946A63 41DA63 41D
75767576A63 148A63 148
56795679A73 49A73 49
2683326833A63 370A63 370
2214422144A62 188A62 188
55315531A63 41A63 41
2683526835A63 372A63 372
2177821778A62 168A62 168
2568225682A63 314A63 314
2684226842A63 369A63 369
2568025680A63 312A63 312
2267222672A63 210A63 21054195419A63 39A63 39
2214022140A62 184A62 184
2251922519A63 304A63 304
10911091A62 266A62 266
2684626846A63 376A63 376
2684126841A63 368A63 368
2567225672A63 310A63 310
2290622906A63 41BA63 41B
2569625696A63 327A63 327 2569525695A63 326A63 326
2583425834A63 324A63 3242569425694A63 325A63 325
2683726837A63 364A63 364
2683826838A63 365A63 365
2683926839A63 366A63 366
2684026840A63 367A63 367
2684526845A63 375A63 375
2684326843A63 373A63 373
2684426844A63 374A63 374
2684726847A63 377A63 377
2684826848A63 378A63 378
2214322143A62 187A62 1872214722147A62 191A62 191
16371637A62 270A62 270
14501450A62 268A62 268
2283622836A62 311A62 311
2283722837A62 312A62 312
2251322513A63 303A63 303
19521952A62 272A62 272
2227322273A62 199A62 199
2283822838A62 313A62 3132284022840A62 315A62 315
927927A62 265A62 265
2567325673A63 311A63 311
2283922839A62 314A62 314
2214622146A62 190A62 190
2569925699A63 330A63 330
867867A62 264A62 264
2568725687A63 318A63 318 2568825688A63 319A63 3192568625686A63 317A63 317
18471847A62 271A62 271
2568925689A63 320A63 320
2214122141A62 185A62 185
2214522145A62 189A62 189
2568325683A63 315A63 315 2568425684A63 316A63 316
2569725697A63 328A63 328
2887528875A63 404A63 404
2214222142A62 186A62 186
2569825698A63 329A63 329
55375537A63 41AA63 41A
2283422834A62 309A62 309
2569225692A63 323A63 323
493493A62 273A62 273
2684926849A63 379A63 3792566825668A63 306A63 306
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2283822838A62 313A62 3132284022840A62 315A62 315
927927A62 265A62 265
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2568725687A63 318A63 318 2568825688A63 319A63 3192568625686A63 317A63 317
18471847A62 271A62 271
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2683326833A63 370A63 370
2214422144A62 188A62 188
55315531A63 41A63 41
2683526835A63 372A63 372
2177821778A62 168A62 168
2568225682A63 314A63 314
2684226842A63 369A63 369
2568025680A63 312A63 312
2267222672A63 210A63 21054195419A63 39A63 39
2214022140A62 184A62 184
2251922519A63 304A63 304
10911091A62 266A62 266
2684626846A63 376A63 376
2684126841A63 368A63 368
2567225672A63 310A63 310
2290622906A63 41BA63 41B
2569625696A63 327A63 327 2569525695A63 326A63 326
2583425834A63 324A63 3242569425694A63 325A63 325
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2251322513A63 303A63 303
19521952A62 272A62 272
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2283822838A62 313A62 3132284022840A62 315A62 315
927927A62 265A62 265
2567325673A63 311A63 311
2283922839A62 314A62 314
2214622146A62 190A62 190
2569925699A63 330A63 330
867867A62 264A62 264
2568725687A63 318A63 318 2568825688A63 319A63 3192568625686A63 317A63 317
18471847A62 271A62 271
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2887528875A63 404A63 404
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AGENDA ABSTRACT
Meeting Date: May 3, 2021
Agenda Title: Public Hearing for Petition RZ-01-21 - A request by Craig C. Hester for a rezoning/map
amendment from R (Residential) to RC (Rural Conservation) on 2.93 acres (Tax Map & Parcel 112-13)
located on Burlington Rd (Hwy 49)
Summary of Information:
Currently, the subject property contains woodlands and is zoned R (Residential).
The Person County Land Use Plan identifies the site as Suburban Residential, which allows for commercial
uses.
Appendix O of the Land Use Plan lists goals and objectives for the county including the following:
1.0 - To promote an orderly and efficient land use development pattern, which allows for a variety
of land uses while being sensitive to environmental concerns.
The applicant is requesting a general rezoning from R (Residential) to RC (Rural Conservation).
According to Article VII Section 70 of the Person County Planning Ordinance, the purpose of the RC (Rural
conservation) District shall be to provide for only limited land use controls in areas with limited
nonagricultural development. A rezoning to RC (Rural Conservation) from the current R (Residential),
would allow a wide range of permitted uses, some by right and some requiring Special Use Permits.
Planning Staff Recommendation: Planning staff recommends approval of the proposed general rezoning
RZ-01-21 based on the Person County Land Use Plan and the Future Land Use Map contained within the
Land Use Plan. This zoning is a general rezoning request, and therefore, no conditions can be placed on
the approval and no site plans can be approved with the request.
Planning Board Recommendation: At the April 8, 2021 meeting of the Planning Board, the Board voted
unanimously (5-0) to deny the proposed rezoning request, RZ-01-21. The Board felt that the proposed
zoning, RC, would allow a variety of commercial uses in a residential area. They also included the following
Statement of Reasonableness and Consistency: The request is not consistent with the Person County Land
Use Plan and future planning goals of the county, is not reasonable, and not in the public interest as it does
not meet several objectives listed in the Person County Land Use Plan.
Recommended Action: Vote to approve or deny the requested rezoning. The Board must also include a
Statement of Reasonableness and Consistency with the motion.
Submitted by: Lori Oakley, Planning Director
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RZ‐01‐21
Staff Analysis
BOC May 3, 2021
1
Rezoning Request RZ‐01‐21
Burlington Rd (Hwy 49)
Craig C. Hester
EXPLANATION OF THE REQUEST
Petition RZ‐01‐21 is request by the applicant and owner, Craig C. Hester, for a rezoning/map amendment
from R (Residential) to RC (Rural Conservation) on 2.93 acres (Tax Map & Parcel 112‐13) located on
Burlington Road (Hwy 49).
LOCATION & CURRENT LAND USE
Currently, the subject property is a vacant, wooded lot. The property is zoned R (Residential).
Condition and land use of the surrounding properties are:
To the West – Woodlands, zoned R (Residential).
To the North – Warehouse buildings and one single family dwelling, property zoned R
(Residential).
To the East – Single family dwellings, zoned R (Residential).
To the South –Single family dwellings, zoned R (Residential).
EXISTING ZONING AND LAND USE
The property is currently zoned R (Residential). According to Article VII Section 70 of the Person
County Planning Ordinance:
The purpose of this district is to provide for single family residential uses and compatible
development.
The property is currently a vacant, wooded lot.
COMPREHENSIVE LAND USE PLAN
The Person County Land Use Plan identifies the proposed site as Suburban Residential and Rural
Residential/AG.
Suburban Residential is defined as:
Residential land uses including subdivisions and manufactured home parks at densities of 1‐3
dwelling units per acre; commercial, office, industrial, public/institutional uses meeting locational
criteria. Locational criteria for nonresidential uses within this land use category would include
frontage and access to a major State highway or secondary road, proximity to similar uses and
spatial separation from non‐compatible uses such as existing residential development. Land uses
within this category could develop with or without public sewer.
Rural Residential/Agricultural is defined as:
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RZ‐01‐21
Staff Analysis
BOC May 3, 2021
2
Public/institutional uses meeting locational criteria. Most of the land within protected water
supply watersheds should be placed in this category. Locational criteria for non‐residential uses
within this land use category would include frontage and access to a major State highway or
secondary road, proximity to similar uses and spatial separation from non‐compatible uses such
as existing residential development. Land uses within this category would be expected to
develop without public sewer, i.e., with private septic tank systems.
Appendix O of the Land Use Plan lists goals and objectives for the county including the following:
1.0 – Promote an orderly and efficient land use development pattern, which allows for a variety
of land uses while being sensitive to environmental concerns.
PLANNING STAFF ANALYSIS & RECOMMENDATION
The applicant is requesting a general rezoning from R (Residential) to RC (Rural Conservation).
According to Article VII Section 70 of the Person County Planning Ordinance, the purpose of the RC (Rural
Conservation) District shall be to provide for only limited land use controls in areas with limited
nonagricultural development. A rezoning to RC (Rural Conservation) from the current R (Residential)
would allow a wide range of permitted uses, some by right and some requiring Special Use permits.
Planning staff recommends approval of the proposed general rezoning RZ‐01‐21 based on the Person
County Land Use Plan and the Future Land Use Map contained within the Land Use Plan. This zoning is a
general rezoning request, and therefore, no conditions can be placed on the approval and no site plans
can be approved with the request.
REASONABLENESS AND CONSISTENCY STATEMENT
The Planning Board is required to make a motion on the Reasonableness and Consistency statement.
Reasonableness and Consistency Statement: The request is consistent with the Person County
Land Use Plan and future planning goals of the county, is reasonable, and in the public interest as
it meets the goals of the Person County Land Development Plan specifically 1.0 – To promote an
orderly and efficient land use development pattern, which allows for a variety of land uses while
being sensitive to environmental concerns.
PLANNING BOARD RECOMMENDATION
At the April 8, 2021 meeting of the Person County Planning Board, the Board voted unanimously (5‐0) to
deny the proposed rezoning request, RZ‐01‐21. The Board felt that the request was not consistent with
the Person County Land Use Plan or the Statement of Reasonableness and Consistency: The request is not
consistent with the Person County Land Use Plan and future planning goals of the county, as it would
allow a variety of commercial uses in a residential area.
Submitted by: Angie Blount, Planner 1
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2810128101112 133112 133
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Burlington Rd1070110701112 9112 9
2810128101112 133112 133
2425824258113 132113 132
2161521615113 99113 99
1101511015116 15116 15
1069710697112 7112 7
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Existing Zoning MapRZ 01-21Hester Rezoning
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Parcels
R: Residential
B-1: Highway Commercial
B-2: Neighborhood Shopping
GI: General Industrial
R-C: Rural Conservation
AP: Airport Overlay
1 inch = 200 feet
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Burlington Rd1070110701112 9112 9
2810128101112 133112 133
2425824258113 132113 132
2161521615113 99113 99
1101511015116 15116 15
1069710697112 7112 7
1693716937113 89113 89
1867518675112 54112 54
1139011390112 13112 13
1450114501112 15112 15
1518215182112 12112 12
87978797112 6112 6
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Industrial
O&I/Commercial
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April 19, 2021
1
PERSON COUNTY BOARD OF COMMISSIONERS APRIL 19, 2021
MEMBERS PRESENT OTHERS PRESENT
Gordon Powell Heidi York, County Manager
Kyle W. Puryear Brenda B. Reaves, Clerk to the Board
C. Derrick Sims S.Ellis Hankins, County Attorney
Charlie Palmer
Patricia Gentry
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, April 19, 2021 at 9:00am in the Person County Office Building
Auditorium.
Chairman Powell called the meeting to order and offered an invocation.
Commissioner Palmer led the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Sims and carried 5-0 to approve the agenda.
INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Ms. Cindy Martin of 396 Shore Acres Drive, Semora reminded the commissioners
of the issue they all ran on in the recent election, and that was to make Person County
prosper. She asked the Board to support the Mega Park site noting if the County loses both
the Mega Park and the power plants, the County is in trouble.
Mr. John Seepe of 277 Barefoot Landing Lane, Semora addressed the Board related
to the action by the majority of the Board to remove Liz Bradsher from the Economic
Development Board without a cause being provided. Mr. Seepe stated his lack of trust in
local officials and asked the County Attorney to insure all Closed Sessions met the criteria
to be held in closed session with an attestation that nothing other than the closed session
matter was in fact discussed in closed session. Mr. Seepe said intense scrutiny was in order
for the Board’s contemptuous behavior.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Gentry and carried 5-0 to approve the
Consent Agenda with the following items:
A.Approval of Minutes of April 5, 2021, and
B.Budget Amendment #14
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April 19, 2021
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NEW BUSINESS:
DEBT MODEL:
County Manager, Heidi York introduced Mr. Doug Carter of DEC Associates Inc.
who joined the meeting remotely and Mr. Andrew Carter, Director of DEC Associates Inc.
who was in-person, both serving as the County’s financial advisors. Ms. York stated
Person County has been working with DEC Associates to develop a debt model to forecast
impacts and to help the Board to understand the County’s ability to pay debt service of
varying amounts as the Board works toward developing a plan for managing the debt
associated with the needs of Person County Schools.
Mr. Andrew Carter shared the following presentation with the Board:
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April 19, 2021
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Mr. Andrew Carter proceeded to explain the General Financial Model(s) using funding
summary pages illustrating debt modeling in the amounts $20M, $30M and $38M as examples.
$38M represents the Person County Schools initial needs for ADA, maintenance and repairs on
existing school facilities as noted in a Long Range Facility Needs Assessment prepared in 2018.
Mr. Andrew Carter said the $20M debt model scenario provided two issuances of debt, in
Fiscal Years 2022 and 2024 without the need for any new revenues. The $30M debt model scenario
provided three issuances of debt, in Fiscal Years 2022, 2024 and 2026 but would need
approximately one-penny tax value or $490,000 of additional revenue annually. The $38M debt
model scenario provided four issuances of debt, in Fiscal Years 2022, 2024, 2026 and 2028 and
would required approximately $833,000 in new revenues annually. Mr. Andrew Carter confirmed
that different funding scenarios could be changed based on priority of the Board and for other
funding methods, i.e. School Bonds. He also noted the financial debt model was separate from the
Board’s annual Capital Improvement Plan.
Commissioner Palmer asked about the Cares Funding for public schools. Ms. York stated
she could bring an update to the Board about the School’s distribution of the Cares Funding. She
added that Person County also received Cares Funding for COVID-19 related expenses, such as
salaries, equipment and operational items for local departments.
Finance Director, Amy Wehrenberg stated she was available for questions and was pleased
for the financial advisors introduction to the Board of the financial model which could provide
insight especially when a large project was requested of the County and deemed critical noting the
models would provide the Board with insight and information related to affordability.
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April 19, 2021
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PERSON COUNTY FIRE DISTRICTS MAP UPDATE:
Due to the decertification of the Woodsdale Volunteer Fire Department, effective
March 1, 2021, there was a need to redraw fire district boundary lines. Fire Marshal, Keith
Duncan stated as staff worked on a new map, staff and fire officials identified opportunities
to align fire insurance district lines with response district lines, which have been maintained
separately. After many meetings involving all fire departments in Person County, Mr.
Duncan presented an updated Fire Districts Map that included the following:
Adjusted fire district boundary lines to follow parcel lines (whole parcels are no
longer split between two different fire districts),
Moved parcels to lower ISO-rated districts to the extent possible,
Given a precise parcel address for the 9-1-1 database, and
Made future changes easier to implement.
Mr. Duncan noted for property owners that reside within five to six road miles to a
Volunteer Fire Department (VFD), the ISO fire rating would be a 9s; for those outside the
six road mile radius, the ISO fire rating is a 10. Steps were taken to insure all property
owners had some coverage when developing the fire district map to avoid having residents
within a ISO fire rating 10 area. He further noted that residents within the Timberlake
VFD and the Semora VFD, the ISO fire rating was lowered to a 4 due to certifications both
fire departments accomplished. Mr. Duncan said that Hurdle Mills VFD, Allensville VFD
and rural district Roxboro Fire Department will have inspections completed in July for
consideration for its fire rating to be lowered.
Mr. Duncan said the new fire district map assigns a portion of the former
Woodsdale fire district to Triple Springs VFD and a portion to the rural district Roxboro
Fire Department. Staff recommended providing an additional allocation of fire district tax
funds to each of these fire departments to recognize the additional responsibilities
associated with expanded coverage. If approved, Mr. Duncan will register the new map
with the Office of State Fire Marshal (Ratings and Inspection Department) as the official
map for ISO grading for Person County.
Assistant County Manager, Katherine Cathey stated there was $45,769 remaining
in the Fire District Tax Fund unallocated line item for Fiscal Year 2021. From these funds,
Ms. Cathey recommended funding an additional $22,000 to Triple Springs VFD, which
will assume a new satellite station (former Woodsdale Boston Road station, vehicle and
equipment), and a larger response area, and $10,000 to the rural district Roxboro Fire
Department, which will also assume a larger response area.
Mr. Duncan told the group that the Woodsdale VFD Shiloh station remained under
the control of the Woodsdale VFD Board; once the Woodsdale VFD was clear of debt, the
plan is that the Woodsdale VFD would be dissolved.
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April 19, 2021
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Vice Chairman Puryear requesting a current Fire District Map that included the ISO
fire ratings.
A motion was made by Commissioner Sims and carried 5-0 to approve additional
funding in the amount of $22,000 for Triple Springs VFD and $10,000 for the City of
Roxboro rural district from FY2021 fire district tax funds.
A motion was made by Commissioner Sims and carried 5-0 to approve the new
map as the official Person County Fire Districts Map, as presented.
BROADBAND UPDATE FROM LUMEN (CENTURYLINK):
Assistant County Manager, Katherine Cathey introduced Mr. Derek Kelly,
Government Affairs Director for Lumen (CenturyLink) to share a presentation on their
current services and potential expansion plans in Person County.
Mr. Kelly commented that the FCC map shows Person County well served by at-
large. He said the next generation of maps are forthcoming and will be even more accurate.
Chairman Powell said that CenturyLink has been very important part of the growth in
Person County and critical to economic development. He took issue with the comment
that Person County looked well served noting the many phone calls he receives from
underserved or unserved residents. Mr. Kelly explained that connection pre-COVID-19
looked very different and was deemed sufficient; however, the pandemic caused students,
teachers, working parents, businesses to increase the demand that has resulted in less than
sufficient services. Mr. Kelly noted that should residents not be located within 3,500 feet
to the stationed equipment, services decrease especially where multiple devices in a home
were being used at the same time. While coverage in Person County may seem pretty well
covered, the speed of services are not meeting the demand.
Commissioner Palmer asked Mr. Kelly about the different companies and which
was best to have to which Mr. Kelly said it was dependent upon the location and that it
would take all technologies to have services in all homes. Mr. Kelly stated the Rural Digital
Opportunity Fund (RDOF) to expand services, census blocks were auctioned and Spectrum
was the largest winner in NC.
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REQUEST TO PURCHASE NEW VOTING EQUIPMENT:
County Manager, Heidi York stated the Person County Board of Elections
requested to purchase a new voting system. Ms. York noted the current system was
purchased in 2006 and was approaching the end of its expected useful life; this system is
no longer produced, making the purchase of parts difficult. Ms. York said the total purchase
price was $58,599 and includes 15 Express Vote machines and Election Ware computer,
which are ADA compliant. Ms. York noted funding for this purchase could come from the
available Help America Vote Act (HAVA) funds in the amount of $36,051. These
available funds must be appropriated by June 30, 2021. The remaining balance of $22,548
would require an appropriation from the County’s Fund Balance.
Elections Deputy Director, Cindi Jacobs requested the Board to approve the request
to purchase voting equipment and appropriate $36,051 from HAVA funds and $22,548
from Fund Balance. Ms. Jacobs said that four out of five members of the Board of Elections
were present in the audience, should anyone have any questions. Ms. Jacobs stated the
have hosted two demonstrations, one online and the other was in-person of the new voting
equipment.
A motion was made by Commissioner Sims and carried 5-0 to approve the request
to purchase voting equipment and appropriate $36,051 from HAVA funds and $22,548
from Fund Balance, as presented.
REVISED 2020-2021 BUDGET ORDINANCE:
Finance Director, Amy Wehrenberg stated the implementation of new accounting
standards effective for Fiscal Year 2021 required numerous changes in the fiduciary
reporting for North Carolina local governments. For Person County, Ms. Wehrenberg said
this presented the need to reclassify some activities currently reported as fiduciary to
proprietary funds, and thereby revisions to the current fiscal year’s Budget Ordinance. Ms.
Wehrenberg explained two existing fiduciary funds met the requirements under the new
guidance that will now cause these to be reported as special revenue funds. Fiduciary funds
are not budgetary funds, and are not included in the County’s annually adopted budget.
Ms. Wehrenberg noted that as these two funds have been identified as non-fiduciary funds
under the new guidance, it is now necessary to convert them to budgetary funds. The
expenditures for these funds are 100% sourced with revenues that do not require local
funding. Therefore, the Revised Budget Ordinance included some language in Section 31
that will provide the Finance Director with authorization to amend the budget for these two
funds as necessary in order to stay within budgetary compliance throughout the year and
at fiscal year-end.
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In addition to these changes, Ms. Wehrenberg reported the need to insert an
informational section related to Fire Tax that was erroneously omitted back in July 2020
when the absence and lack of access to computer files required the re-creation of this
document as a result of the County’s Cyber event. Although the omission of this
information had no effect on the accuracy and relevance of Fire Tax approval within the
Budget Ordinance, Ms. Wehrenberg wanted to take this opportunity to include this
supplemental information as was originally intended.
As discussed above, Ms. Wehrenberg highlighted in the Revised 2020-2021 Budget
Ordinance and are summarized below:
o Addition of two Special Revenue Funds:
DSS Representative Payee Fund (Sections 8 & 9)
Sheriff’s Execution Fund (Sections 12 & 13)
o Insertion of Fire Tax supplemental information (Section 27)
o Budget authorization to Finance Director (Section 31)
Ms. Wehrenberg requested the Board to adopt the 2020-2021 Budget Ordinance as
revised and recommended.
A motion was made by Commissioner Sims and carried 5-0 to adopt the revised
2020-2021 Budget Ordinance as presented.
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AUDIT CONTRACT FOR LEASE CONVERSION IMPLEMENTATION:
Finance Director, Amy Wehrenberg requested action on a contract to engage our
current financial audit firm, Elliott Davis, LLC, to provide additional services outside of
the scope of the County’s annual audit contract. This will involve assistance with the
implementation of a new accounting standard (Statement No. 87) required by the
Government Accounting Standards Board (GASB), changing the way that leases are
reported in the County’s Fiscal Year 2022 audit report.
Ms. Wehrenberg stated the County currently has 36 lease agreements that auditors
will review and determine if they meet the reporting requirements under this new standard.
This review will include inspection of the specific terms and structure, implementation into
the auditor’s model, calculation and identification of how these impact the County’s
financial statements, and proposals of the necessary journal entry adjustments required to
report these leases appropriately in the County’s audit report.
Because this firm is performing the County’s annual financial statement audit, Ms.
Wehrenberg stated it would be more efficient to have them perform this lease conversion
process as the County’s auditors are already familiar with the County’s account structure
and may minimize any timing issues that may impact the financial audit schedule. The
State Auditor requires that this contract be approved as a separate engagement from the
regular financial audit. Ms. Wehrenberg presented a contract for the Board’s consideration
to engage the current auditors to perform these additional services for a cost of $13,200.
Ms. Wehrenberg explained this fee was based on their estimated time required by
individuals assigned to assist the County with the evaluation of the leases, and will be billed
on an interim basis as the work is performed. Ms. Wehrenberg recommended that this
expenditure be funded from undesignated contingency funds (leaving a remaining balance
of $15,671 for future unanticipated costs).
Ms. Wehrenberg requested the Board to approve an audit contract for lease
conversion implementation, as recommended.
Commissioner Gentry asked for the timeline for completion to which Ms.
Wehrenberg said the process to review 36 leases would take approximately three months
noting she wanted to implement this new process as the County would be operating under
the new standard starting July 1, 2021. Commissioner Sims asked if the County Attorney
had reviewed the contract for lease conversion to which Mr. Ellis Hankins, County
Attorney replied affirmatively.
A motion was made by Vice Chairman Puryear and carried 5-0 to approve the
audit contract for lease conversion, as presented.
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CHAIRMAN’S REPORT:
Chairman Powell had no report.
MANAGER’S REPORT:
County Manager, Heidi York reported the following meetings:
1) The Person County Business and Industrial Center will hold a Special Called
Meeting on April 20, 2021 starting at 4:00pm. The meeting will be held in the
Economic Development Board Room in the Person County Transit and
Development Building located at 303 S. Morgan Street, Roxboro.
1) A possible majority of the Board of Commissioners may attend the Roxboro-Person
County Homebuilders Association Special Meeting on April 20, 2021 starting at
7:00pm at the Old Country Club Steakhouse located at 555 Community House
Road, Roxboro.
COMMISSIONER REPORT/COMMENTS:
Vice Chairman Puryear nor Commissioner Palmer had a report.
Commissioner Gentry reported the Economic Development Task Force had met
and reviewed two economic development models and would continue to meet on
Thursdays at 4:00pm via Zoom. Commissioner Gentry asked for an update from the
Planning Director related to the UNRBA storm water project options.
Commissioner Sims extended appreciation for the festival held in the Uptown
Roxboro area noting the Food Truck Rodeo brought many people to Uptown area.
ADJOURNMENT:
A motion was made by Commissioner Palmer and carried 5-0 to adjourn the
meeting at 10:55am.
_____________________________ ______________________________
Brenda B. Reaves Gordon Powell
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
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Dept./Acct No.Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
General Government (16,500)
Public Safety 75,223
Transfer to Other Funds 16,500
REVENUES General Fund
Intergovernmental Revenue (107,330)
Charges for Services 124,552
Other Revenue (19,575)
Fund Balance Appropriation 77,576
EXPENDITURES Airport Project Fund
Runway 6-24, Connector Taxiways, and Apron
Rehabilitation 417,292
REVENUES Airport Project Fund
State Grant 375,562
Local Portion 41,730
EXPENDITURES CIP Project Fund
County Projects 16,500
REVENUES CIP Project Fund
Transfer from Other Funds 16,500
Explanation:
BUDGET AMENDMENT
Transferring budget in fiber accounts from the IT Department (-$8,000) and Information Technology Fund (-$8,500)
to the Fiber Project account in the CIP Fund ($16,500) to pay remaining invoices; transferring budget from the
Information Technology Fund (-$10,000) to General Services ($10,000) to cover fiber installation phase for the jail
camera project; fund balance appropriation of CARES Act funds for the replacement of an ambulance box remount
($62,500) and equipment for emergency vehicles ($12,542) at EMS; received donation for Animal Services ($181);
recognizing new airport grant from DOT ($375,562) that requires local match funds ($41,730) for the Runway 6-24,
Connector Taxiways, and Apron Rehabilitation Project; and adjusting revenue categories for Intergovernmental
Revenues (-$107,330), Other Revenues ($124,552), Charges for Services (-$19,756) and Fund Balance
Appropriation ($2,534) reported incorrectly on previous Budget Amendment #14.
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AGENDA ABSTRACT
Meeting Date: May 3, 2021
Agenda Title: Selection of County Airport Engineering Firm
Summary of Information: All airport sponsors are now required to request qualifications and
select airport engineering firms at least once every five (5) years. The selected firm would partner
with the County in the applications for grants/funding, and in the design and implementation of any
projects at the airport.
In accordance with these guidelines, Person County Staff, along with our Airport FBO, have gone
through the formality of this selection process and recommend that Talbert & Bright of Wilmington,
NC remain as Person County’s Engineering Firm representing Raleigh Regional Airport of Person
County for the next five-year period beginning March 2021.
Recommended Action: Approval of this recommendation is required
Submitted By: Ray Foushee, General Services Director
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MASTER CONTRACT
FOR ENGINEERING AND RELATED WORK
AT THE RALEIGH REGIONAL AIRPORT AT PERSON COUNTY AIRPORT
FOR
PERSON COUNTY, NORTH CAROLINA
This CONTRACT (the “Contract”) is made this 1st day of March 20162021 by and between
Person County, 304 S. Morgan Street, Room 222, Roxboro, North Carolina 27573, body politic
and corporate under the laws of the State of North Carolina, hereinafter called the OWNER, and
TALBERT & BRIGHT, INC., 4810 Shelley Drive, Wilmington, North Carolina 28405, a
corporation organized and existing under the laws of the State of North Carolina, hereinafter called
the ENGINEER.
WHEREAS, the OWNER intends to perform engineering, planning, and general consulting
services. The work includes,/projects may include but isare not limited to environmental studies,
engineering studies, surveys, land acquisition assistance, apron expansion, airfield lighting and
signage, NAVAIDs, airport visual aids, runway extensions and improvements, runway safety
areas, airfield pavement rehabilitation/strengthening/expansion, hangers, taxiways, fencing,
roadways and parking lots, perimeter road, landside paving, terminal/terminal expansion and
related improvements, fueling facilities, projects involving utilities, clearing, grading, paving,
drainage and other projects and related work as may be needed during the contract period, at the
Raleigh Regional Airport at Person County Airport as may be mutually agreed to, hereinafter
called the Project(s), and that this agreement covers any work that is authorized for the ensuing
five -year period (2016 – 2021). - 2026.
WHEREAS, the OWNER desires to engage a qualified and experienced engineer to perform
professional engineering services as hereinafter set forth, and the ENGINEER has represented that
it is qualified to provide such services and desires to do so.
NOW THEREFORE, the OWNER and the ENGINEER, for the consideration hereinafter set forth,
agree as follows:
General
For the purpose of this CONTRACT, the Person County General Services Director, is hereby
designated as the OWNER's representative to act for the OWNER in giving approvals and
authorizations for the OWNER as hereinafter required and set forth. The ENGINEER will be
notified in writing of any change in representation.
This Contract shall cover the basic terms of services to be rendered by ENGINEER for the
OWNER relating to such Projects for which the OWNER may engage ENGINEER for assistance.
Each Project or phase of work will be described in detail in a Work Authorization to be prepared
by ENGINEER for review and approval by the OWNER. When mutually agreed by the OWNER
and the ENGINEER, and after having received from the OWNER’s written approval of the
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ENGINEER's Work Authorization, including an estimated cost for specified services, the
ENGINEER shall provide professional engineering services as described below.
SECTION I - BASIC SERVICES
A. Project Development Phase: After authorization from the OWNER to proceed, the
ENGINEER shall:
1. Consult with the OWNER, state and federal funding agencies (when required) to
define the scope of a project and establish project requirements, and review
available data.
2. Advise the OWNER as to the necessity of OWNER's providing or obtaining from
others data or special services of the types described in Section II of this Contract.
Assist the OWNER in contracting for such services.
3. Prepare preliminary design necessary to determine the type, size, and scope of the
Project based upon projected aviation activity and current airport standards in effect
at the date of this Contract.
4. Prepare preliminary opinion of probable cost for the Project.
5. Make minor revisions to the airport layout plan as necessary to reflect the details of
the Project.
6. Furnish copies of drawings, sketches, forms and reports as appropriate to the
OWNER for submission to funding agencies.
7. Perform additional work as described and required by the work authorizations.
B. Design Phase: After authorization from the OWNER to proceed, the ENGINEER shall:
1. In consultation with the OWNER and other government agencies through
conferences, meetings, or submission of preliminary reports as appropriate,
determine the extent of the Project and the design criteria to be used in the final
design.
2. Prepare an engineer's report in accordance with FAA criteria which shall include
but not necessarily be limited to:
a. An analysis and reasons for the design choices;
b. An analysis of the manner in which the work will be accomplished; and
c. An opinion of probable construction cost based upon the final design.
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3. Advise the OWNER of needed special services as described in Section II of this
Contract and assist the OWNER in the evaluation and selection of other
professionals to provide special services, such as soil borings, laboratory tests and
surveys, or provide such services in accordance with this Contract and any related
Work Authorization(s).
4. Prepare final design, contract drawings, cost opinions, design / construction
schedules, specifications and contract documents. Prepare for review and approval
by the OWNER contract agreement forms, general conditions and supplementary
conditions, and (where appropriate) bid forms, invitation to bid and instructions to
bidders, and assist in the preparation of other related documents.
5. Prepare construction safety plans (for airside projects).
6. Assist the OWNER in submitting appropriate documents to state and federal
agencies for necessary approvals and permits.
7. Furnish to the OWNER two (2) copies of completed drawings, specifications,
reports, estimates, and contract documents.
8. Assistance to the OWNER in obtaining bids, attending a bid opening, analyzing bid
results, and furnishing recommendations in connection with the award of
construction contracts. Additional bid openings, if needed, shall be considered as
extra work under Section II - Special Services.
9. Perform additional work as described and required by work authorizations.
C. Construction Phase: After authorization from the OWNER to proceed, the ENGINEER
shall provide the following services:
1. Assistance in preparation of formal contract documents for the award of
construction contract.
2. Consult with and advise the OWNER and act as provided in the approved
construction specifications and contract documents.
3. Attend pre-construction conference.
4. Make visits to the site at intervals appropriate to the various stages of construction,
to observe as experienced and qualified design professionals, the progress and
quality of the executed work of Contractor(s) and to determine in general if such
work is proceeding in accordance with the contract documents. ENGINEER shall
not be required to make exhaustive or continuous on-site observations to check the
quality or quantity of such work. ENGINEER shall not be responsible for the
means, methods, techniques, sequences, or procedures of construction selected by
Contractor(s) or the safety precautions and programs incident to the work of
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Contractor(s). ENGINEER's efforts will be directed toward providing a greater
degree of confidence for the OWNER that the completed work of Contractor(s) will
conform to the contract documents, but ENGINEER shall not be responsible for the
failure of Contractor(s) to perform the work in accordance with the contract
documents. During such visits and on the basis of on-site observations,
ENGINEER shall keep the OWNER informed of the progress of the work, shall
endeavor to guard the OWNER against defects and deficiencies in such work and
may disapprove or reject work failing to conform to the contract documents.
5. Review and take appropriate action in respect to shop drawings and samples, the
results of tests and inspections and other data which each Contractor is required to
submit, but only for conformance with the design concept of the Project and
compliance with the information given in the contract documents (but such review
and other action shall not extend to means, methods, sequences, techniques or
procedures of construction or to safety precautions and programs incident thereto);
determine the acceptability of substitute materials and equipment proposed by
Contractor(s); and receive and review (for general content as required by
specifications) maintenance and operating instructions, schedules, guarantees,
bonds and certificates of inspection which are to be assembled by Contractor(s) in
accordance with the contract documents.
6. Review laboratory, shop and mill test reports and prepare a tabulation or summary
of laboratory test results to assist in monitoring the quality of construction.
7. Recommend to the OWNER change orders and/or supplemental agreements to the
construction contract incidental to existing field conditions or improvements in the
project design. Prepare estimates of cost or saving from proposed change order(s),
prepare change order(s) along with basis for recommendation and negotiate on
behalf of the OWNER with the Contractor to arrive, if possible, at an appropriate
compensation resulting from the proposed revisions. The ENGINEER is not
required by this provision to accomplish extensive design revisions and drawings
resulting from a change in project scope or major changes in design concept
previously accepted by the OWNER where changes are due to causes beyond the
ENGINEER's control.
8. Advise the OWNER of needed special services and assist the OWNER in
acquisition of such services as appropriate.
9. Based upon ENGINEER's on-site observations as an experienced and qualified
design professional and on review of applications for payment and the
accompanying data and schedules, determine the amounts owing to Contractor(s)
and recommend in writing payments to Contractor(s) in such amounts; such
recommendations of payment will constitute a representation to the OWNER,
based on such observation and review, that the work has progressed to the point
indicated, that to the best of ENGINEER's knowledge, information and belief, the
quality of such work is in accordance with the contract documents (subject to an
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evaluation of such work as a functioning project upon substantial completion, to
the results of subsequent tests called for in the contract documents, and to
qualifications stated in his recommendation), and that payment of the amount
recommended is due Contractor(s); but by recommending any payment
ENGINEER will not thereby be deemed to have represented that continuous or
exhaustive examinations have been made by ENGINEER to check the quality or
quantity of the work or to review the means, methods, sequences, techniques or
procedures of construction or safety precautions or programs incident thereto or
that ENGINEER has made an examination to ascertain how or for what purposes
any Contractor has used the monies paid on account of the contract price, or that
title to any of the work, materials or equipment has passed to the OWNER free and
clear of any lien, claims, security interests or encumbrances, or that Contractor(s)
have completed their work exactly in accordance with the contract documents.
10. Conduct an on-site review to determine if the Project is substantially complete and
a final on-site review to determine if the work has been completed in accordance
with the contract documents and if each Contractor has fulfilled his obligations
thereunder so that ENGINEER may recommend, in writing, final payment to each
Contractor and may give written notice to the OWNER and the Contractor(s) that
the work is acceptable (subject to any conditions therein expressed), but such
recommendation and notice shall be subject to the limitations expressed herein.
11. ENGINEER will prepare for the OWNER, on request, a set of record drawing prints
showing those changes made during the construction process, based upon the
marked-up prints, drawings and other data furnished by Contractor(s) to
ENGINEER and which ENGINEER considers significant.
12. The ENGINEER shall not be responsible for the acts or omission of any Contractor,
or subcontractor, or any of the Contractor(s) or subcontractor(s)' agents or
employees or any other persons (except ENGINEER's own employees and agents)
at the site or otherwise performing any of the contractor(s)' work.
SECTION II - SPECIAL SERVICES
At the request of the OWNER, the ENGINEER shall perform such special services as required by
the OWNER to complete the project or phase of work. At the option of the OWNER, special
services may be provided by the ENGINEER. When the ENGINEER is requested to provide
special services, such services may be provided by ENGINEER's own forces or through
subcontracts with other professionals. Compensation for Special Services provided by
ENGINEER shall be in accordance with one of the methods identified in Section V - Payment of
Services. Special services, which may be requested include, but are not necessarily limited to the
following:
A. When requested, assist the OWNER in determining funding justification or assist in
obtaining financing for the project, including attendance at meetings with funding agencies
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and preparation of airport development preliminary cost opinions, sketches, schedules and
narratives in support of capital improvement project funding requests.
B. Preparation of pre-applications and applications for federal or state assistance grants,
preparation of the OWNER’s applications for partial and final payments, submittal of grant
quarterly reports, and other grant administration functions, including attendance at
meetings with funding agencies and preparation of schedules.
C. Land surveys as necessary to establish property boundaries required for property
acquisition purposes or preparation of property maps.
D. Appraisals, environmental audits, and relocation services for property acquisition.
E. Special environmental studies and analyses.
F. Updating or revising the Airport Layout Plan documents.
G. Soils and material investigations including test boring, laboratory testing of soils and
materials, related analyses, and reports.
H. Engineering surveys (for design and construction) to include topographic surveys, base line
surveys, cross section surveys, etc.
I. On-site technical observation of construction by full time Resident Project Representative.
The duties, responsibilities and limitations of the Resident Project Representative are
described in Section IV of this Contract.
J. Review of contractor certified payrolls and sales tax reports.
K. Reproduction of additional copies of reports, contract documents and specifications above
the specified number furnished in Basic Services.
L. Assistance to the OWNER as expert witness in litigation arising from development or
construction of the Project.
M. The accomplishment of special surveys and investigations, and the preparation of special
reports and drawings as may be requested or authorized in writing by the OWNER in
connection with the Project.
N. Extra work created by more than one bid opening or design changes, after approval of plans
and specifications by the OWNER or FAA, and beyond the control of the ENGINEER,
that may be requested or authorized in writing by the OWNER in connection with the
Project.
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O. Extra work required to revise or prepare contract documents, plans and specifications to
facilitate the award of more than one construction contract, in the event the OWNER adopts
such construction program.
P. Services resulting from significant changes in extent of the Project or its design including,
but not limited to, changes in size, complexity, the OWNER's schedule, or character of
construction or method of financing; and revising previously accepted studies, reports,
design documents or contract documents when such studies, reports, design documents or
contract documents when such revisions are due to causes beyond ENGINEER's control.
Q. Providing renderings or models for the OWNER's use.
R. Investigations involving detailed consideration of operations, maintenance and overhead
expenses; providing value engineering during the course of design; the preparation of
feasibility studies, cash flow and economic evaluations, rate schedules and appraisals;
assistance in obtaining financing for Project; detailed quantity surveys of material,
equipment and labor; and audits or inventories required in connection with construction
performed by the OWNER.
S. Additional or extended services during construction made necessary by (1) work damaged
by fire or other cause during construction, (2) a significant amount of defective or neglected
work of Contractor(s), (3) prolongation of the contract time of any prime contract by more
than five days, (4) acceleration of the project schedule involving services beyond normal
working hours, (5) default by Contractor(s), and (6) the furnishing of a Resident Project
Representative under Section IV of this Contract.
T. Preparation of operating and maintenance manuals; protracted or extensive assistance in
the utilization of any equipment or system (such as initial start-up, testing, adjusting and
balancing); and training personnel for operation and maintenance.
U. Preparation of a Quality Control Plan, when required by the funding agency.
V. Services after completion of the construction phase, such as monitoring/observation during
any guarantee period and reporting observed discrepancies under guarantees called for in
any contract for the Project.
W. Perform additional work as described and required by work authorizations.
SECTION III - RESPONSIBILITIES OF THE OWNER
In connection with the services to be provided pursuant to this contract, the OWNER shall:
A. Make available for ENGINEER's use all record drawings, maps, soil data, etc.
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B. Designate a person to act with authority on the OWNER's behalf and respond in a timely
manner to submissions by ENGINEER providing approvals and authorizations as
appropriate so that work may continue at a normal pace.
C. Pay all costs associated with special services authorized by the OWNER, and all costs
associated with obtaining bids from contractors.
D. Furnish ENGINEER as required for performance of ENGINEER's basic services, data
prepared by or services of others, including without limitation, core borings, probings and
subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples,
materials and equipment; appropriate professional interpretations of all the foregoing;
environmental assessment and impact statements; property, boundary, easement, right-of-
way, topographic and utility surveys, property descriptions; zoning, deed and other land
use restrictions; and other special data or consultations not covered herein; all of which
ENGINEER may rely upon in performing his services.
E. Arrange for access to and make all provisions for ENGINEER to enter upon public and
private property as required for ENGINEER to perform his services.
F. Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by ENGINEER, obtain advice of an attorney, insurance counselor
and other consultants as the OWNER deems appropriate for such examination and render
decisions pertaining thereto within a reasonable time so as not to delay the services of
ENGINEER.
G. Furnish approvals and permits from all governmental authorities having jurisdiction over
the Project and such approvals and consent from others as may be necessary for completion
of the Project.
H. Provide such accounting, independent cost estimating and insurance counseling services
as may be required for the Project, such legal services of the OWNER may require or
ENGINEER may reasonably request with regard to legal issues pertaining to the Project
including any that may be raised by Contractor(s), such auditing services as the OWNER
may require to ascertain how or for what purpose any Contractor has used the monies paid
to him under the construction contract, and such inspection services as the OWNER may
require to ascertain that Contractor(s) are complying with any law, rule or regulation
applicable to their performance of the work.
I. Give prompt written notice to ENGINEER whenever the OWNER observes or otherwise
becomes aware of any development that affects the scope of timing of the ENGINEER's
services, or any defect in the work of Contractor(s).
SECTION IV - DUTIES AND RESPONSIBILITIES OF THE RESIDENT PROJECT
REPRESENTATIVE
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After authorization from the OWNER to furnish a Resident Project Representative, ENGINEER
may furnish a Resident Project Representative, assistants and other field staff to assist ENGINEER
in observing performance of the work of the Contractor.
Through more extensive on-site observations of the work in progress and field checks of materials
and equipment by the Resident Project Representative and assistants, ENGINEER shall endeavor
to provide further protection for the OWNER against defects and deficiencies in the work; but, the
furnishing of such services will not make ENGINEER responsible for or give ENGINEER control
over construction means, methods, techniques, sequences or procedures or for safety precautions
or programs, or responsibility for Contractor's failure to perform the work in accordance with the
contract documents.
The duties and responsibilities of the Resident Project Representative are limited to those of
ENGINEER in ENGINEER's agreement with the OWNER and in the construction contract
documents, and are further limited and described as follows:
A. General:
Resident Project Representative is ENGINEER's agent at the site, will act as directed by
and under the supervision of ENGINEER, and will confer with ENGINEER regarding his
actions. Resident Project Representative's involvement in matters pertaining to the on-site
work shall in general be with the ENGINEER and Contractor, keeping OWNER advised
as necessary. Resident Project Representative's contact with subcontractors shall only be
through or with the full knowledge and approval of Contractor. Resident Project
Representative shall generally communicate with OWNER with the knowledge of and
under the direction of ENGINEER.
B. Duties and Responsibilities of Resident Project Representative:
1. Schedules: Review the progress schedule, schedule of shop drawing submittals and
schedule of values prepared by Contractor and consult with ENGINEER
concerning acceptability.
2. Conferences and Meetings: Attend meetings with Contractor, such as pre-
construction conferences, progress meetings, job conferences and other Project
related meetings, and prepare and circulate copies of minutes thereof.
3. Liaison:
a. Serve as ENGINEER's liaison with Contractor, working principally through
Contractor's superintendent and assist in understanding the intent of the
contract documents; and assist ENGINEER in serving as the OWNER's
liaison with Contractor when Contractor's operations affect the OWNER's
on-site operations.
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b. Assist in obtaining from the OWNER additional details or information,
when required for proper execution of the work, according to the contract
documents.
4. Shop Drawings and Samples:
a. Record date of receipt of shop drawings and samples.
b. Receive samples, which are furnished at the site by Contractor, and notify
ENGINEER of availability of samples for examination.
5. Review of Work, Rejection of Defective Work, Inspections and Tests:
a. Conduct on-site observations of the work in progress to assist ENGINEER
in determining if the work is, in general, proceeding in accordance with the
contract documents.
b. Report to ENGINEER whenever Resident Project Representative believes
that the work is unsatisfactory, faulty or defective or does not conform to
the contract documents, or has been damaged, or does not meet the
requirements of any inspections, test or approval required to be made; and
advise ENGINEER of work that Resident Project Representative believes
should be corrected or rejected or should be uncovered for observation, or
requires special testing, inspection or approval.
c. Verify that tests, equipment and systems startup, and operating and
maintenance training are conducted in the presence of appropriate
personnel, and that Contractor maintains adequate records thereof; and
observe, record and report to ENGINEER appropriate details relative to
tests, procedures, and startups.
d. When requested by ENGINEER, and when advance notice is given by
agencies, accompany visiting inspectors representing public or other
agencies having jurisdiction over the Project, record the results of the
inspections and report to ENGINEER.
6. Interpretation of Contract Documents: Report to ENGINEER when clarifications
and interpretations of the contract documents are needed and transmit to Contractor
clarifications and interpretations as issued by ENGINEER.
7. Modifications: Consider and evaluate Contractor's suggestions for modifications
in drawings or specifications and report with Resident Project Representative's
recommendations to ENGINEER. Transmit to Contractor decisions as issued by
ENGINEER.
8. Records:
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a. Maintain at the job site orderly files for correspondence, reports of job
conferences, shop drawings and samples, reproductions of original contract
documents including work directive changes, addenda, change orders, field
orders, additional drawings issued subsequent to the execution of the
construction contract, ENGINEER's clarifications and interpretations of the
construction contract documents, progress reports, and other Project-related
documents.
b. Keep a diary or log book, recording Contractor hours on the job site,
weather conditions, data relative to questions of work directive changes,
change orders or changed conditions, list of job site visitors, daily activities,
decisions, observations in general, and specific observations in more detail
as in the case of observing test procedures; and send copies to ENGINEER.
c. Record names, addresses and telephone numbers of Contractors,
subcontractors and major suppliers of material and equipment.
9. Reports:
a. Furnish ENGINEER periodic reports as required of progress of the work
and of Contractor's compliance with the progress schedule and schedule of
shop drawings and sample submittals.
b. Consult with ENGINEER in advance of scheduled major tests, inspections
or start of important phases of the work.
c. Draft proposed change orders and work directive changes, obtaining backup
material from Contractor and recommend to ENGINEER change orders,
work directive changes, and field orders.
d. Report immediately to ENGINEER and the OWNER upon the occurrence
of an accident.
10. Payment Requests: Review applications for payment with Contractor for
compliance with the established procedure for their submission and forward with
recommendations to ENGINEER, noting particularly the relationship of the
payment requested to the schedule of values, work completed and materials and
equipment delivered at the site but not incorporated in the work.
11. Certificates, Maintenance and Operations Manuals: During the course of the work,
verify that certificates, maintenance and operation manuals and other data required
to be assembled and furnished by Contractor are applicable to the items actually
installed and in accordance with the contract documents, and have this material
delivered to ENGINEER for review and forwarding to the OWNER prior to final
payment for work.
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12. Completion:
a. Before ENGINEER issues a Certificate of Substantial Completion, submit
to Contractor a list of observed items requiring completion or correction.
b. Conduct on-site review in the company of ENGINEER, OWNER and
Contractor and prepare a final list of items to be completed or corrected.
c. Observe that the items on final list have been completed or corrected and
make recommendations to ENGINEER concerning acceptance.
C. Limitations of Authority:
Resident Project Representative:
1. Shall not authorize deviations from the contract documents or substitution of
materials or equipment, unless authorized by ENGINEER.
2. Shall not exceed limitations of ENGINEER's authority as set forth in the contract
documents.
3. Shall not undertake any of the responsibilities of Contractor, subcontractors or
Contractor's superintendent.
4. Shall not advise on, issue directions relative to or assume control over any aspect
of the means, methods, techniques, sequences or procedures of construction unless
such advice or directions are specifically required by the contract documents.
5. Shall not advise on, issue directions regarding or assume control over safety
precautions and programs in connection with the work.
6. Shall not accept shop drawing or sample submittals from anyone other than
Contractor.
7. Shall not authorize the OWNER to occupy the Project in whole or in part.
8. Shall not participate in specialized field or laboratory tests or inspections conducted
by others except as specifically authorized by ENGINEER.
SECTION V - PAYMENT OF SERVICES
The OWNER agrees to compensate the ENGINEER for services performed in accordance with
one of the following methods as hereinafter set forth. The method of payment and the amount for
specified services shall be detailed in a Work Authorization, which shall be prepared by the
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ENGINEER and submitted to the OWNER for review and approval. The receipt of an approved
Work Authorization will constitute the ENGINEER's Notice-to-Proceed.
The ENGINEER is not to undertake any work prior to the receipt of an approved Work
Authorization executed and approved by the OWNER.
A. Methods of Payment: One or more of the following methods of payment shall be used and
the method for each phase of the work shall be stated in the appropriate Work
Authorization:
1. Lump Sum:
For work that can be defined and delineated in advance, payment to the
ENGINEER will be made on the basis of a lump sum. The agreed lump sum shall
be established in a Work Authorization and shall represent full payment for payroll,
overhead, profit, and other direct non-salary expenses as hereinafter defined. The
lump sum will neither increase nor decrease unless there should be a change in the
scope, complexity, or duration of the work. In that event, the lump sum would be
subject to renegotiation.
2. Per Diem:
Under this method of payment, the ENGINEER's compensation will be equal to the
days expended on a Project times the rates established in a Work Authorization,
which shall be inclusive of overhead and profit. Payment will also be made for
direct non-salary expenses as outlined in the Work Authorization.
3. Hourly Rate:
Under this method of payment, the ENGINEER's compensation will be equal to the
hours expended on a Project times the ENGINEER’s standard bill rate for each
category of employee (which shall be inclusive of overhead and profit). Payment
will also be made for direct non-salary expenses as outlined in the Work
Authorization.
4. Fixed Fee:
Under this method of payment, when subconsultant services are required for the
accomplishment of a project, the ENGINEER will negotiate a fixed-fee with the
OWNER to compensate the ENGINEER for benefits provided to the OWNER,
willingness to serve, and assumption of responsibility and risk for providing the
subconsultant services.
B. Terms and Conditions: The basis of compensation described is based upon the following
conditions:
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1. Time charged to the Project by office engineering personnel will include the time
that the applicable employees are engaged in actual work on the Project at the
Engineer's office, or at the site of the Project or travel in connection with the Project.
2. Only the personnel needed and required to accomplish the services in keeping with
the prescribed schedule shall be assigned to the Project.
3. Charges will not be made to the Project during periods of sickness, vacation or at
any other times when personnel assigned are not gainfully employed on the work.
4. It is recognized that the ENGINEER reserves the right to make annual or periodic
adjustments to the standard bill rates.
C. Payment Schedules: Invoices shall be due and payable within 30 days after the date of
invoice. A service charge of one (1) percent per month shall be added to all overdue
accounts.
SECTION VI - MISCELLANEOUS PROVISIONS
A. Estimates: The ENGINEER has no control over the cost of labor and materials or over
competitive bidding market conditions. The opinions of probable construction cost
provided for herein are to be made on the basis of experience and qualifications, but the
ENGINEER does not guarantee the accuracy of such estimates as compared to the
Contractor's bids of the Project construction cost.
B. Extra Work: It is mutually understood and agreed that the OWNER will compensate the
ENGINEER for services resulting from significant changes in general scope of the Project
or its design, including but not necessarily limited to, changes in size, complexity, Project
schedules, character of construction, revisions to previously accepted studies, reports,
design documents or contract documents and for preparation of documents for separate
bids, when such revisions are due to causes beyond the ENGINEER's control and when
requested or authorized by the OWNER. Extra work may also include special services as
identified in Section II - Special Services. Compensation for extra work and any associated
special services shall be in accordance with one of the methods identified in Section V -
Payment of Services.
C. Reuse of Documents: All documents, including drawings and specifications prepared by
ENGINEER pursuant to this Contract, are instruments of service in respect of the Project
and remain the property of the ENGINEER. They are not intended or represented to be
suitable for reuse by the OWNER or others on extensions of the Project or on any other
Project. Any reuse without written verification or adaptation by ENGINEER for the
specific purposes intended will be at the OWNER's sole risk and without liability or legal
exposure to ENGINEER; and the OWNER shall indemnify and hold harmless ENGINEER
from all claims, damages, losses and expenses including attorney's fees arising out of or
resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further
compensation at rates to be agreed upon by the OWNER and ENGINEER.
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Notwithstanding these provisions the OWNER shall be provided upon request a
reproducible copy of any final drawing produced under this Contract at the cost of
reproduction.
D. Responsibility of the Engineer:
1. The ENGINEER shall be responsible for the professional quality, technical
accuracy, timely completion, and the coordination of designs, drawings,
specifications, reports, and other services furnished by the ENGINEER under this
Contract.
2. Approval by the OWNER or FAA of drawings, designs, specifications, reports and
incidental engineering work or materials furnished hereunder shall not relieve the
ENGINEER of his responsibility for the technical adequacy of his work.
E. Period of Services:
1. The provisions of this Section and the various rates of compensation for
ENGINEER's services provided for in this Contract and in each work authorization
have been agreed to in anticipation of the orderly and continuous progress of the
Project through completion of the construction phase. ENGINEER's obligation to
render services hereunder will extend for a period, which may reasonably be
required for the design, award of contracts and construction of the Project.
2. If the OWNER has requested significant modifications, changes, or delays to the
Project, the time of performance of ENGINEER's services and his various rates of
compensation shall be adjusted appropriately.
3. If the OWNER fails to give prompt written authorization to proceed with any phase
of services after completion of the immediately preceding phase, ENGINEER may,
after giving seven days' written notice to the OWNER, suspend services under this
Contract.
F. Breach of Contract Terms: Any violation or breach of terms of this contract on the part of
the ENGINEER or its subcontractors may result in the suspension or termination of this
contract or such other action that may be necessary to enforce the rights of the parties of
this agreement.
Owner will provide ENGINEER written notice that describes the nature of the breach and
corrective actions the ENGINEER must undertake in order to avoid termination of the
contract. Owner reserves the right to withhold payments to ENGINEER until such time
the ENGINEER corrects the breach or the Owner elects to terminate the contract. The
Owner’s notice will identify a specific date by which the ENGINEER must correct the
breach. Owner may proceed with termination of the contract if the ENGINEER fails to
correct the breach by deadline indicated in the Owner’s notice.
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The duties and obligations imposed by the Contract Documents and the rights and remedies
available thereunder are in addition to, and not a limitation of, any duties, obligations,
rights and remedies otherwise imposed or available by law.
G. Termination for Convenience: The Owner may, by written notice to the ENGINEER,
terminate this Agreement for its convenience and without cause or default on the part of
ENGINEER. Upon receipt of the notice of termination, except as explicitly directed by
the Owner, the ENGINEER must immediately discontinue services affected. Upon
termination of the Agreement, the ENGINEER must deliver to the Owner data, surveys,
models, drawings, specifications, reports, maps, photographs, estimates, summaries, and
other documents and materials prepared by the Engineer under this contract, whether
complete or partially complete. Owner agrees to make just and equitable compensation to
the ENGINEER for satisfactory work completed up through the date the ENGINEER
receives the termination notice. Compensation will not include anticipated profit on non-
performed services. Owner further agrees to hold ENGINEER harmless for errors or
omissions in documents that are incomplete as a result of the termination action under this
clause.
H. Termination for Default: Either party may terminate this Agreement for cause if the other
party fails to fulfill its obligations that are essential to the completion of the work per the
terms and conditions of the Agreement. The party initiating the termination action must
allow the breaching party an opportunity to dispute or cure the breach. The terminating
party must provide the breaching party 10 days’ advance written notice of its intent to
terminate the Agreement. The notice must specify the nature and extent of the breach, the
conditions necessary to cure the breach, and the effective date of the termination action.
The rights and remedies in this clause are in addition to any other rights and remedies
provided by law or under this agreement.
a) Termination by Owner: The Owner may terminate this Agreement in whole or
in part, for the failure of the ENGINEER to:
1. Perform the services within the time specified in this contract or by
Owner approved extension;
2. Make adequate progress so as to endanger satisfactory performance of
the Project;
3. Fulfill the obligations of the Agreement that are essential to the
completion of the Project.
Upon receipt of the notice of termination, the ENGINEER must immediately
discontinue services affected unless the notice directs otherwise. Upon termination
of the Agreement, the ENGINEER must deliver to the Owner data, surveys,
models, drawings, specifications, reports, maps, photographs, estimates,
summaries, and other documents and materials prepared by the Engineer under this
contract, whether complete or partially complete.
Owner agrees to make just and equitable compensation to the ENGINEER for
satisfactory work completed up through the date the ENGINEER receives the
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termination notice. Compensation will not include anticipated profit on non-
performed services.
Owner further agrees to hold ENGINEER harmless for errors or omissions in
documents that are incomplete as a result of the termination action under this
clause.
If, after finalization of the termination action, the Owner determines the
ENGINEER was not in default of the Agreement, the rights and obligations of the
parties shall be the same as if the Owner issued the termination for the convenience
of the Owner.
b) Termination by ENGINEER: The ENGINEER may terminate this Agreement
in whole or in part, if the Owner:
1. Defaults on its obligations under this Agreement;
2. Fails to make payment to the ENGINEER in accordance with the terms
of this Agreement;
3. Suspends the Project for more than 90 days due to reasons beyond the
control of the ENGINEER.
Upon receipt of a notice of termination from the ENGINEER, Owner agrees to
cooperate with ENGINEER for the purpose of terminating the agreement or portion
thereof, by mutual consent. If Owner and ENGINEER cannot reach mutual
agreement on the termination settlement, the ENGINEER may, without prejudice
to any rights and remedies it may have, proceed with terminating all or parts of this
Agreement based upon the Owner’s breach of the contract.
In the event of termination due to Owner breach, the Engineer is entitled to invoice
Owner and to receive full payment for all services performed or furnished in
accordance with this Agreement and all justified reimbursable expenses incurred
by the ENGINEER through the effective date of termination action. Owner agrees
to hold ENGINEER harmless for errors or omissions in documents that are
incomplete as a result of the termination action under this clause.
I. Remedies: Except as may be otherwise provided in this Contract all claims, counter claims,
disputes and other matters in question between the OWNER and the ENGINEER arising
out of or related to this Contract or the breach thereof will be decided by mediation if the
parties hereto mutually agree, or in a state court of competent jurisdiction within the state
and county in which the OWNER is located.
J. Insurance: The ENGINEER shall, during the term of this Contract, maintain at its own
expense the following insurance:
1. General Liability Insurance
$1,000,000
2. Automobile Liability Insurance - Owned, Non-owned, and Hired
$1,000,000
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3. Workers Compensation & Employers Liability
$500,000 Each Accident
$500,000 Policy Limit
$500,000 Each Employee
4. Professional Liability: ENGINEER maintains professional liability coverage for
damages as a result of our negligent acts, errors or omissions. ENGINEER’S
liability will be limited to the value of the Basic Services in the work authorization
or $500,000, whichever limit is higher, for its negligent acts, errors or omissions.
If a higher limit of liability is desired by the OWNER, then an additional fee to
offset the additional cost associated with a higher limit of liability can be
negotiated.
K. Audit: Access to Records and Reports: The ENGINEER shall maintain an acceptable cost
accounting system. ENGINEER agrees to provide the OWNER, the Federal Aviation
Administration and the Comptroller General of the United States or any of their duly
authorized representatives, access to books, documents, papers, and records of the
ENGINEER which are directly pertinent to the specific contract for the purpose of making
audit, examination, excerpts and transcriptions. ENGINEER agrees to maintain books,
records and reports required under this contract for a period of not less than three years
after final payment is made and pending matters are closed.
L. Civil Rights Act of 1964, Title VI: During the performance of this Contract, ENGINEER,
for itself, its assignees and successors in interest agrees as follows:
1. Compliance with Regulations. ENGINEER shall comply with the Title VI List of
Pertinent Nondiscrimination Acts and Authorities as they may be amended from
time to time which are herein incorporated by reference and made a part of this
Contract.
2. Nondiscrimination. ENGINEER, with regard to the work performed by it during
the Contract, will not discriminate on the grounds of race, color, or national origin
in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. ENGINEER shall not participate either directly
or indirectly in the discrimination prohibited by the Nondiscrimination Acts and
Authorities, including employment practices when the Contract covers a program
set forth in Appendix B of 49 CFR part 21.
3. Solicitations for Subcontracts, including procurements of materials and equipment.
In solicitations, either by competitive bidding, or negotiation made by ENGINEER
for work to be performed under a subcontract, including procurements of materials,
or leases of equipment, each potential subcontractor or supplier shall be notified by
ENGINEER of ENGINEER's obligations under this Contract and the
Nondiscrimination Acts and Authorities on the grounds of race, color or national
origin.
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4. Information and Reports. ENGINEER shall provide information and reports
required by the Acts, the Regulations, and directives issued pursuant thereto and
will permit access to its books, records, accounts, other sources of information, and
its facilities as may be determined by the OWNER or the Federal Aviation
Administration (FAA) to be pertinent to ascertain compliance with such
Nondiscrimination Acts and Authorities and instructions. Where information
required of ENGINEER is in the exclusive possession of another who fails or
refuses to furnish this information, ENGINEER will so certify to the OWNER or
the FAA, as appropriate, and shall set forth what efforts it has made to obtain the
information.
5. Sanctions for Noncompliance. In the event of ENGINEER's noncompliance with
the nondiscrimination provisions of this Contract, the OWNER shall impose such
Contract sanctions as it or the FAA may determine to be appropriate, including, but
not limited to:
a. Withholding of payments to ENGINEER under the Contract until
ENGINEER complies, and/or
b. Cancelling, termination, or suspension of the Contract, in whole or in part.
6. Incorporation of Provisions. ENGINEER shall include the provisions of Section
VI(L), subparagraphs 1 through 5 of this Contract, in every subcontract, including
procurements of materials and leases of equipment, unless exempt by the Acts, the
Regulations and directives issued pursuant thereto. ENGINEER will take action
with respect to subcontract or procurement as the OWNER or the FAA may direct
as a means of enforcing such provisions including sanctions for noncompliance.
Provided, that if the ENGINEER becomes involved in, or is threatened with,
litigation with a subcontractor or supplier because of such direction, ENGINEER
may request the OWNER to enter into such litigation to protect the interests of the
OWNER. In addition, ENGINEER may request the United States to enter into such
litigation to protect the interests of the United States.
7. During the performance of this contract, the ENGINEER, for itself, its assignees,
and successors in interest agrees to comply with the following non-discrimination
statutes and authorities; including but not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78
stat. 252), (prohibits discrimination on the basis of race, color, national
origin);
49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of
The Department of Transportation—Effectuation of Title VI of The Civil
Rights Act of 1964);
The Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of
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persons displaced or whose property has been acquired because of Federal
or Federal-aid programs and projects);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.),
as amended, (prohibits discrimination on the basis of disability); and 49
CFR part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et
seq.), (prohibits discrimination on the basis of age);
Airport and Airway Improvement Act of 1982, (49 USC § 471, Section
47123), as amended, (prohibits discrimination based on race, creed, color,
national origin, or sex);
The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the
scope, coverage and applicability of Title VI of the Civil Rights Act of
1964, The Age Discrimination Act of 1975 and Section 504 of the
Rehabilitation Act of 1973, by expanding the definition of the terms
“programs or activities” to include all of the programs or activities of the
Federal-aid recipients, sub-recipients and contractors, whether such
programs or activities are Federally funded or not);
Titles II and III of the Americans with Disabilities Act of 1990, which
prohibit discrimination on the basis of disability in the operation of public
entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189)
as implemented by Department of Transportation regulations at 49 CFR
parts 37 and 38;
The Federal Aviation Administration’s Non-discrimination statute (49
U.S.C. § 47123) (prohibits discrimination on the basis of race, color,
national origin, and sex);
Executive Order 12898, Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, which
ensures non-discrimination against minority populations by discouraging
programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-
income populations;
Executive Order 13166, Improving Access to Services for Persons with
Limited English Proficiency, and resulting agency guidance, national
origin discrimination includes discrimination because of limited English
proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to ensure that LEP persons have meaningful access to
your programs (70 Fed. Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which
prohibits you from discriminating because of sex in education programs
or activities (20 U.S.C. 1681 et seq).
Airport and Airway Improvement Act of 1982, Section 520 - General
Civil Rights Provisions: The ENGINEER agrees to comply with pertinent
statutes, Executive Orders and such rules as are promulgated to ensure
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that no person shall, on the grounds of race, creed, color, national origin,
sex, age, or disability be excluded from participating in any activity
conducted with or benefiting from Federal assistance.
M. Disadvantaged Business Enterprises (DBE):
1. Contract Assurance: ENGINEER or subcontractor shall not discriminate on the
basis of race, color, national origin, or sex in the performance of this Contract. The
ENGINEER shall carry out applicable requirements of 49 CFR Part 26 in the award
and administration of DOT assisted contracts. Failure by ENGINEER to carry out
these requirements is a material breach of this Contract, which may result in the
termination of this Contract or such other remedy, as the recipient deems
appropriate.
2. Prompt Payment: ENGINEER agrees to pay each subcontractor under this prime
contract for satisfactory performance of its contract no later than 30 days from the
receipt of each payment the prime contractor receives from the OWNER.
ENGINEER agrees further to return retainage payments to each subcontractor
within 60 days after the subcontractor's work is satisfactorily completed. Any delay
or postponement of payment from the above referenced time frame may occur only
for good cause following written approval of the OWNER. This clause applies to
both DBE and non-DBE subcontractors.
N. Rights to Inventions: All rights to inventions and materials generated under this Contract
are subject to regulations issued by the FAA and the Sponsor of the Federal grant under
which this Contract is executed.
O. Trade Restriction Clause:
1. ENGINEER, by submission of an offer and/or execution of a contract, certifies that
it:
a. is not owned or controlled by one or more citizens of a foreign country
included in the list of countries that discriminate against U.S. firms
published by the Office of the United States Trade Representative (USTR);
b. has not knowingly entered into any contract or subcontract for this project
with a person that is a citizen or national of a foreign country on said list, or
is owned or controlled directly or indirectly by one or more citizens or
nationals of a foreign country on said list;
c. has not procured any product nor subcontracted for the supply of any
product for use on the project that is produced in a foreign country on said
list.
2. Unless the restrictions of this clause are waived by the Secretary of Transportation
in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or
subcontractor who is unable to certify to the above.
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3. ENGINEER agrees that, if awarded a contract resulting from this solicitation, it
will incorporate this provision for certification without modification in each
contract and in all lower tier subcontracts. ENGINEER may rely on the certification
of a prospective subcontractor unless it has knowledge that the certification is
erroneous.
4. ENGINEER shall provide immediate written notice to the OWNER if ENGINEER
learns that its certification or that of a subcontractor was erroneous when submitted
or has become erroneous by reason of changed circumstances. The ENGINEER
will require that subcontractor(s) agree to provide written notice to ENGINEER if
at any time it learns that its certification was erroneous by reason of changed
circumstances.
5. This certification is a material representation of fact upon which reliance was
placed when making the award, if it is later determined that the contractor or
subcontractor knowingly rendered an erroneous certification, the Federal Aviation
Administration may direct through the OWNER cancellation of the Contract or
subcontract for default at no cost to the Government.
6. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render, in good faith, the certification required by this
provision. The knowledge and information of a contractor is not required to exceed
that which is normally possessed by a prudent person in the ordinary course of
business dealings.
7. This certification concerns a matter within the jurisdiction of an agency of the
United States of America and the making of a false, fictitious, or fraudulent
certification may render the maker subject to prosecution under Title 18, United
States Code, Section 1001.
P. Certification Regarding Debarment: The Engineer certifies, by acceptance of this contract,
that neither it nor its principals are presently debarred or suspended by any Federal
department or agency from participation in this transaction. The ENGINEER, by
administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”,
will verify that each lower tier participant of a “covered transaction” under the project is
not presently debarred or otherwise disqualified from participation in this federally assisted
project. The ENGINEER will accomplish this by inserting a clause or condition in the
covered transaction with the lower tier contract.
If the FAA later determines that a lower tier participant failed to disclose to a higher tier
participant that it was excluded or disqualified at the time it entered the covered transaction,
the FAA may pursue any available remedies, including suspension and debarment of the
non-compliant participant.
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Q. Seismic Safety: In the performance of design services for new buildings and additions to
existing buildings under this contract that are financed in whole or in part through the
Airport Improvement Program, the ENGINEER agrees to furnish a building design and
associated construction specification that conform to a building code standard which
provides a level of seismic safety substantially equivalent to standards as established by
the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that
model their building code after the current version of the International Building Code (IBC)
meet the NEHRP equivalency level for seismic safety. At the conclusion of the design
services, the ENGINEER agrees to furnish the Owner a “certification of compliance” that
attests conformance of the building design and the construction specifications with the
seismic standards of NEHRP or an equivalent building code.
R. Texting When Driving: ENGINEER will ban text messaging while driving motor vehicles
while performing work activities associated with the project. The Engineer will include
the substance of this clause in sub-tier contracts exceeding $3,500 and involve driving a
motor vehicle in performance of work activities associated with the project.
S. Prohibition of Segregated Facilities: The ENGINEER agrees that it does not and will not
maintain or provide for its employees any segregated facilities at any of its establishments,
and that it does not and will not permit its employees to perform their services at any
location under its control where segregated facilities are maintained. The Contractor agrees
that a breach of this clause is a violation of the Equal Opportunity clause in this contract.
“Segregated facilities,” as used in this clause, means any waiting rooms, work areas, rest
rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and
other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment
areas, transportation, and housing facilities provided for employees, that are segregated by
explicit directive or are in fact segregated on the basis of race, color, religion, sex, or
national origin because of written or oral policies or employee custom. The term does not
include separate or single-user rest rooms or necessary dressing or sleeping areas provided
to assure privacy between the sexes. The ENGINEER shall include this clause in every
subcontract that is subject to the Equal Opportunity clause of this contract.
T. Clean Air and Water Pollution Control: ENGINEER agrees to comply with applicable
standards, orders, and regulations issued pursuant to the Clean Air Act (42 U.S.C. § 740-
7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387).
The ENGINEER agrees to report any violation to the Owner immediately upon discovery.
The Owner assumes responsibility for notifying the Environmental Protection Agency
(EPA) and the Federal Aviation Administration. ENGINEER must include this
requirement in subcontracts that exceeds $150,000.
U. Certification Regarding Lobbying. The ENGINEER certifies by signing and submitting
this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
ENGINEER, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress,
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or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for sub-awards at all tiers (including subcontracts) and that all sub-
recipients shall certify and disclose accordingly.
V. Occupational Safety and Health Act of 1970: All contracts and subcontracts that result
from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with
the same force and effect as if given in full text. The employer must provide a work
environment that is free from recognized hazards that may cause death or serious physical
harm to the employee. The employer retains full responsibility to monitor its compliance
and their subcontractor’s compliance with the applicable requirements of the
Occupational Safety and Health Act of 1970 (20 CFR Part 1910). The employer must
address any claims or disputes that pertain to a referenced requirement directly with the
U.S. Department of Labor – Occupational Safety and Health Administration.
W. Certification of Offeror/Bidder Regarding Tax Delinquency and Felony Convictions:
The applicant must complete the following two certification statements. The applicant
must indicate its current status as it relates to tax delinquency and felony conviction by
inserting a checkmark () in the space following the applicable response. The applicant
agrees that, if awarded a contract resulting from this solicitation, it will incorporate this
provision for certification in all lower tier subcontracts.
Certifications
i. The applicant represents that it is ( ) is not ( ) a corporation that has any unpaid
Federal tax liability that has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the
tax liability.
ii. The applicant represents that it is ( ) is not ( ) is not a corporation that was
convicted of a criminal violation under any Federal law within the preceding 24
months.
Note: If an applicant responds in the affirmative to either of the above representations,
the applicant is ineligible to receive an award unless the sponsor has received notification
from the agency suspension and debarment official (SDO) that the SDO has considered
suspension or debarment and determined that further action is not required to protect the
Government’s interests. The applicant therefore must provide information to OWNER
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25
about its tax liability or conviction to OWNER, who will then notify the FAA Airports
District Office, which will then notify the agency’s SDO to facilitate completion of the
required considerations before award decisions are made.
Term Definitions
Felony conviction: Felony conviction means a conviction within the preceding
twenty four (24) months of a felony criminal violation under any Federal law and
includes conviction of an offense defined in a section of the U.S. code that
specifically classifies the offense as a felony and conviction of an offense that is
classified as a felony under 18 U.S.C. § 3559.
Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has
been assessed, for which all judicial and administrative remedies have been
exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to
an agreement with the authority responsible for collecting the tax liability.
X. Veterans Preference: In the employment of labor (excluding executive, administrative,
and supervisory positions), the Contractor and all sub-tier contractors must give
preference to covered veterans as defined within Title 49 United States Code Section
47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans,
Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as
defined by 15 USC 632) owned and controlled by disabled veterans. This preference
only applies when there are covered veterans readily available and qualified to perform
the work to which the employment relates.
IN WITNESS WHEREOF, the parties hereto have made and executed this Contract as of the date
and year first written above.
OWNER: ENGINEER:
PERSON COUNTY TALBERT & BRIGHT, INC.
BY: BY:
TITLE: TITLE:
DATE: DATE:
WITNESS: WITNESS:
327
AGENDA ABSTRACT
Meeting Date: May 3, 2021
Agenda Title: Presentation on the Person County Mega Park Site
Summary of Information: Timmons Group provides civil engineering, structural, environmental,
electrical, geotechnical, GIS/ geospatial technology, landscape architecture and surveying services.
Joe Hines, PE, is based in the Richmond, VA office of Timmons and will address the Board about
the opportunities of the Person County Mega Park site.
Recommended Action: Receive the information
Submitted By: PJ Gentry, County Commissioner
328
AGENDA ABSTRACT
Meeting Date: May 3, 2021
Agenda Title: Permitting Process Improvement Plan
Summary of Information: On April 20, 2021, the Roxboro-Person County Homebuilders
Association held a special meeting to share concerns with Person County staff regarding the length
of the permitting process.
Three county departments are involved in the process. For a building permit to be issued, approval
is required from 1) Environmental Health, 2) Zoning and 3) Inspections (in that order).
Environmental Health staff approval is needed before Zoning staff can issue a zoning permit. A
zoning permit must be issued before Inspections staff can issue a building permit.
It currently takes approximately 10 weeks to complete an environmental health site evaluation. If
property lines are not properly marked or the site is inaccessible due to dense vegetation, additional
time will be required to complete the evaluation. If all plans and paperwork are complete and
correct, the process to issue a building permit can take 20 days. Incomplete applications and/or
issues that must be corrected slow down the approval process, potentially extending it by four
weeks.
Prior to the Homebuilders Association meeting, county staff had heard concerns from builders and
taken proactive steps to improve the process, including implementing Energov permitting software
which will enhance information sharing and efficiency and requesting funding for new positions
to address increasing workloads. Demands on these departments have grown even more as the
housing market has picked up over the past year. Each of these departments provide a variety of
services with a limited number of employees. An overview of each department’s role in the Person
County community is provided below.
Environment Health (5 employees)
Environmental Health is a division of the Health Department and is responsible for providing
services that protect and promote public health. Program responsibilities include food and lodging
inspections, the design and inspection of onsite wastewater disposal systems, the inspection and
monitoring of private water supplies, and the investigation of environmental health complaints.
Planning and Zoning (3 employees)
The Planning Department serves as administrator and advisor on issues such as land use, planning
and zoning, subdivision, code enforcement, storm water and other programs guiding the future
growth and development of the county. Staff supports two advisory boards.
Inspections (5 employees)
The Inspections Department provides services to Person County and the City of Roxboro by
enforcing the North Carolina State Building Codes for all construction projects. State law
mandates inspections of all building construction, electrical, plumbing and mechanical (heating
329
and air conditioning) installations for the purpose of enforcing these codes to assure adequate
protection, health and safety for citizens. The department conducts plan reviews prior to
construction projects; receives applications for building construction, electrical, plumbing and
mechanical installations; issues permits prior to construction; conducts inspections during the
construction process; issues certificate of occupancies and compliance upon completion of
construction projects.
Increasing delays have been noted in Environmental Health and Inspections, and the following
strategies for improving current permit wait times are offered for the Board’s consideration.
Recommended Action: The board may consider the following strategies for improving the
permitting process:
New Positions
Staff recommends authorizing two new positions, 1) an Environmental Health Specialist and 2) a
Chief Building Inspector to assume some of the workload that is overwhelming current staff. If
the board authorizes the two new positions, the Human Resources Department will initiate
recruitment with the goal of onboarding new employees by July 1. Funding for these positions is
included in the Manager’s Recommended Budget for FY22.
The Inspections Department proposes to hire a Chief Inspector with higher-level certifications who
will require minimal training. Environmental Health will seek an experienced candidate, but due
to a limited pool of qualified candidates, they may have to hire an employee who will require up
to a year and a half of training before becoming independent in their work. In both cases, hiring
challenges exist related to availability of certified and experienced candidates and compensation
demands.
With new staff in place, additional resources will be available to address the backlog of
applications and speed up the process going forward. There will be a delay in realizing these
benefits due to the time it takes to recruit and train new employees.
Contract or Temporary Assistance
In the short-term, Environmental Health and Inspections can seek to hire an experienced
contractor(s) or part-time temporary employee(s) to assist with the permitting process during the
recruitment and training period for new full-time employees. Each department requests $5,000 for
a total allocation of $10,000 in FY21 to compensate these workers. There is a very limited pool of
qualified candidates who would be interested in providing these services to the county on a part-
time basis, so it may be difficult to attract the needed resources. In addition, additional oversight
will need to be provided by county staff to ensure high-quality work.
Residential and Express Plan Reviews
The Inspections Department currently provides residential plan reviews as a service to builders.
Although this step is not required by the state and adds time to the permitting process, county staff
find it beneficial for catching problems that may arise during the building phase had they not
conducted the residential plan review. Many builders also appreciate this level of service, but
others are dissatisfied with the time it adds to the process. Residential plan reviews could be
330
eliminated, but staff recommends keeping them in place to provide an option for individual or
smaller builders who rely on this review in lieu of obtaining sealed engineered plans.
The department could implement an express review that would enable builders who have invested
in engineered plans to skip the staff’s residential plan review. Engineered plans range in cost from
approximately $600 to $800 depending on the house. Staff would still be responsible for permitting
and inspections, but it would be a quicker process. An express review would be similar to several
options currently offered by Environmental Health. Applicants can expedite the site evaluation
process by obtaining the services of a Professional Engineer or a Licensed Soil Scientist, who have
the option of submitting proposals to Environmental Health in accordance with regulatory
requirements.
Simultaneous Review
Currently, the permitting process requires approval from three different departments, with changes
potentially made at each step. If Inspections staff begin reviewing plans before Environmental
Health and/or Zoning approve them, they may spend time evaluating certain components that will
change during the prior approval steps. When Energov is operational, staff will be able to share
information through the system, which will help to speed up the process. With the current paper-
based system, it is difficult to share plans that may be updated in different departments prior to
approval and keep up with the workflow simultaneously.
Staff will provide a brief demo of Energov, which is already being utilized by the Inspections
Department and should incorporate all phases of the permitting process by the end of the summer.
Staff is currently finalizing the system configuration and preparing for a required upgrade.
Submitted By: Heidi York, County Manager, and Katherine Cathey, Assistant County Manager
Attachments:
1. Environmental Health monthly report
2. Inspections monthly report
331
FY 15 FY 16 FY 17 FY 18 FY19 FY20*
Description TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL July*Aug Sept Oct Nov Dec Jan Feb Mar Apr May June YTD Avg/Mo
ONSITE WASTEWATER
159 190 255 184 162 257 30 41 30 30 37 24 23 29 27 271 300000043466781081006
Site Evaluations (1)240 244 311 242 196 254*31 36 29 18 15 29 19 23 33 233 26
OSWW Evaluations
Permits Issued 168 164 218 155 133 171*23 26 22 19 20 11 13 20 20 174 19
Permits Denied 14 12 19 24 27 19*2 4 1 1 1 2 0 2 3 16 2
Total Evals Completed 181 176 237 179 160 190*25 30 23 20 21 13 13 22 23 190 21
Operation Permits ( Septic Finals)100 118 144 164 159 180*10 18 7 17 20 6 9 5 17 109 12
Additions/Mobile Home Replacements 71 85 76 107 93 100*18 5 6 9 7 9 11 14 15 94 10
Table V Inspections 121 11 16 14 2 2*0 0 0 0 0 0 0 0 0 0 0
Additional Site Visits (not listed above)473 357 336 369 340 331 33 29 31 22 26 31 21 40 46 279 31
EH Complaint Investigations (2)nc 54 41 32 32 22*6 0 2 3 2 0 0 1 0 14 2
WELL PROGRAM
New Wells Approved (finals)46 75 79 97 111 133*8 8 8 10 15 12 3 2 19 85 9
Water Sample Collected 391 420 428 388 340 259*25 27 20 8 24 31 39 16 23 213 24
Additional Site Visits (not listed above)252 317 255 303 223 205***18 19 21 25 5 11 29 128 18
FOOD & LODGING
Total Restaurant Inspections (3)268 264 286 257 230 143*7 12 15 22 8 20 7 6 10 107 12
Number Restaurants 114 114 114 114 114 114*114 114 114 114 114 114 114 114 114 114 114
Total Facility Inspections 93 100 93 83 86 49*7 3 1 6 14 12 2 6 1 52 6
Number of Facilities (4)76 76 76 76 76 76*76 76 76 76 76 76 76 76 76 76 76
Permit Activities (5)23 30 35 21 17 22*0 2 1 1 1 1 1 6 1 14 2
Site Visits/Complaint Investigations 67 49 41 54 18 10*5 4 0 0 0 0 2 1 0 12 1
Fees for Services
Fees received (all EH services)$110,195 $152,744 $170,870 $168,745 $137,106 155809 $19,220 $10,428 17,370$ $20,179 12,860$ 14,705$ 22,200$ $13,985 $16,995 147942 16,438$
* Numbers not yet available or subject to revision.
Notes:
(1) Includes all soil/site evaluations (new, repairs and expansions).
(2) Includes environmental health related compaints (indoor and outdoor air quality, failing systems, illegal discharges, solid waste, animal complaints)
(3) Total restaurant inspections includes any establishment which prepares and sells food.
(4) Includes daycares, schools, residential cares, lodgings, nursing homes, and the jails.
(5) Includes transitional, operational and temporary permits and plan reviews.
Applications Received (new lots)Turnaround Time (weeks)
Person County Environmental Health Monthly Activity Report
Fiscal Year 2020-2021
332
MONTHYEAR to DATEMONTHYEAR to DATEMar-21 FY2020-2021 Mar-20 FY2019-2020Buidling Permits Issued 37 99 32 243*SFD Permits*185912104Plumbing Permits 112241Mechanical Permits 3212512184Electrical Permits Issued4318022241Mobile Home Permits 315730Building Fees32,56488,39717,858276,616Plumbing Fees601,8811804,134Mechanical Fees3,42114,8601,70118,259Electrical Fees4,28414,3842,01521,650Mobile Home Fees1,12510,6442,4639,711Total Fees41,454130,16624,217330,370Total ValuesBuilding6,281,62318,594,4923,036,87546,521,117Mobile Homes299,1001,643,151560,4831,715,615Total Inspections7655,3697806,286Plan Reviews5840449428Miscellaneous Fees8761,8693276,358Fire Inspections009184Fire Inspection Fees001757,320INSPECTION DEPARTMENT MONTHLY REPORT FOR MARCH 2021BUILDING PERMITS REFLECT ALL TRADE FEES333
AGENDA ABSTRACT
Meeting date: May 3, 2021
Agenda Title: Recommended Capital Improvement Plan (CIP) for Fiscal Years 2022-
2026
Summary of Information: The Recommended 5-year Capital Improvement Plan that
was presented to the Person County Board of Commissioners on April 5, 2021 is brought
before the Board for adoption.
The adoption of this CIP will allocate funding for the priority projects for the County,
Person County Schools, and Piedmont Community College for FY 2021-2022. The
document also sets the priorities of projects for future fiscal years, although funding is
only appropriated on an annual basis and the plan is reviewed annually. The total amount
proposed for FY22 is $2.46M from the County’s General Fund.
Recommended Action: Direct staff on any changes to the document and then adopt the
Capital Improvement Plan.
Submitted By: Heidi York, County Manager and Amy Wehrenberg, Finance Director
334
Person County, North Carolina Person County
Capital Improvement Plan
FY 2022-2026
Recommended
Heidi York, County Manager
Katherine Cathey, Assistant County Manager
Amy Wehrenberg, Finance Director
April 5, 2021
335
Person County, North Carolina
Capital Improvement Plan
Table of Contents
Manager’s Letter to the Board of Commissioners ............................................ 1-2
Objectives and Procedures for the CIP ................................................................. 3
Criteria for Project Priority ..................................................................................... 4
Completed and Ongoing Projects ..................................................................... 5-6
Recommended Projects .................................................................................... 7-8
Projects Not Recommended ................................................................................. 9
Funding Schedule ......................................................................................... 10-12
Graph-Revenue Sources ..................................................................................... 13
Graph-Projects by Function ................................................................................. 14
Graph-Projects by Type ...................................................................................... 15
Person County’s Debt Service ...................................................................... 16-18
Future Debt Service Payments ........................................................................... 19
336
PERSON COUNTY
OFFICE OF THE COUNTY MANAGER
304 South Morgan Street, Room 212
Roxboro, NC 27573-5245
336-597-1720
Fax 336-599-1609
April 5, 2021
Dear Person County Board of Commissioners:
I am pleased to present Person County’s Fiscal Years 2022- 2026 Capital Improvement Plan (CIP). The
CIP is an important planning tool for our County, reflecting the Board of County Commissioners’ priorities
for large capital projects over the next five years. In addition to Person County Government, this plan also
incorporates the needs of our partner agencies- including Person County Schools and Piedmont Community
College (PCC) - given that counties are statutorily responsible for the provision of educational facilities.
We also include capital needs for two outside agencies for which the County owns the buildings: the Person
County Museum of History and the Person County Senior Center, although there are no identified needs for
either entity in this proposed CIP.
The development of this plan takes into account many factors including the current economic and fiscal
climate, logistical and financial constraints, as well as competing demands and priorities for county funds.
The most critical capital needs are those that address a life-safety issue. Once those needs are identified, we
work towards a balance of needs and priorities within our logistical and financial constraints. This plan
identifies the anticipated funding sources needed to meet these priorities. Although the projects in this plan
span the next five years, the fiscal impacts extend far beyond. Projects that are financed incur debt service
payments typically over a fifteen to twenty year period. Therefore, the full array of funding sources needed
to support the projects as well as potential impacts to future operating budgets are also presented. The
Board of Commissioners reviews the five year CIP every year, but only funds the projects on an annual
fiscal year basis.
For the previous Fiscal Year, the Board of Commissioners did not fund a formal CIP. The intention was to
present a thorough debt model during the summer and review capital spending needs later that fall, within
the context of the newly created Capital Investment Fund. However, the COVID-19 pandemic and the
2020 Person County Government Cyber Incident, for which financial data became inaccessible for a period
of time, put those plans on hold. Two major ongoing projects continued to move ahead: the Raleigh
Regional Airport Hangar Construction Project ($4.6M) and the continued Fiber Installation Project
($3.2M). In addition, three critical projects were funded in the current year: two at Piedmont Community
College and one for Person County Schools, for a total expenditure on new capital projects of $535,073,
well below the County’s average CIP annual expenditure. FY21-22 gets us back on track with our capital
spending plan, meanwhile the debt analysis and model are being prepared for presentation in the coming
months. We are working closely with the County’s financial advisors to develop a fiscally responsible plan
to fund the enormous needs of Person County Schools and Piedmont Community College. In the meantime,
this Capital Improvement Plan prioritizes critical maintenance, safety, and efficiency needs for facilities,
playing catch-up from deferred spending in the current Fiscal Year. The plan also implements the roofing
and window replacement projects determined by the comprehensive roofing and window assessment
studies. For the upcoming Fiscal Year 2021-2022, capital spending is proposed at $2,465,206 from the
County’s General Fund.
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An important element of this CIP is the debt analysis summary and the table and graph showing the future
debt service levels for Person County Government. Comparing Person County’s debt service levels to
counties benchmarked with our population size indicate that our debt ratio is below average. The
spreadsheets and graph illustrate Person County’s ability to take on additional debt payments in the future.
It is estimated that the County's total outstanding debt at June 30, 2021 will be $10.5M. Future debt
financings will be proposed once the new debt model is completed.
Please keep in mind that this Capital Improvement Plan is just that- a plan- and while a great deal of effort
and analysis have gone into this, it offers a starting point for annual comparisons, fiscal changes,
unforeseen needs, and a place where public discussion can begin. The CIP will continue to be reviewed
throughout the year, presenting any recommended changes to the Board for consideration. This review is
critical as new information about our capital needs, our fiscal health, financing tools, and existing project
scheduling arises.
Person County Government takes great care and pride in being fiscally responsible. This CIP demonstrates
our commitment to provide not only sustainable infrastructure, but improvements and enhancements to our
community and quality of life. County staff looks forward to working with the Board of County
Commissioners and our community partners as we implement the Fiscal Year 2021-2022 Capital
Improvement Plan.
Sincerely,
Heidi N. York
County Manager
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Person County, North Carolina
Capital Improvement Plan
Objectives of a CIP:
Create a plan to organize long term capital needs in a manner to promote
discussion regarding priority, feasibility, timing, potential costs, financing options
and future budgetary effect.
Limit projects to those costing $50,000 and over in the plan.
Present an overview of requests submitted by Person County departments,
Piedmont Community College and Public Schools.
Facilitate the exchange of information and coordination between the County, the
community college and the schools on capital planning.
Steps in developing a CIP:
Determine capital needs for all departments and certain County-funded agencies.
Review priorities and assess proposed capital projects in relationship to these
priorities.
Make recommendations to the Board of County Commissioners on a project’s
timing, priority and possible financing options.
Categories of projects:
Person County Government
Piedmont Community College
Public Schools
Each project includes a description, a timeline for construction and operating
costs, and the current status.
Also included are graphs that summarize revenue sources, projects by function,
projects by type, and outstanding debt.
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Person County, North Carolina
Capital Improvement Plan
Criteria in determining project status:
Safety
Is public health or safety a critical factor with regard to this project?
What are the consequences if not approved?
Mandate
Is the project required by legal mandates?
Is the project needed to bring the County into compliance with any laws or
regulations?
Timing and Linkages
What is the relationship to other projects, either ongoing or requested?
Does the project relate to a County-adopted plan or policy?
Economic Impact
Will this project promote economic development or otherwise raise the standard
of living for our citizens?
Efficiencies
Will this project increase productivity or service quality, or respond to a demand
for service?
Are there any project alternatives?
Service Impact
Will this project provide a critical service or improve the quality of life for our
citizens?
How will this project improve services to citizens and other service clients?
How would delays in starting the project affect County services?
Operating Budget Impact
What is the possibility of cost escalation over time?
Will this project reduce annual operating costs in some manner?
What would be the impact upon the annual operating budget and future operating
budgets?
Debt Management
What types of funding sources are available?
How reliable is the funding source recommended for the project?
How would any proposed debt impact the County’s debt capacity?
Does the timing of the proposed construction correspond to the availability of
funding?
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Person County, North Carolina
Capital Improvement Plan
Completed Projects
Person County Government:
Server Expansion - $266,599
Courthouse-new roof - $121,870
Various park buildings-new roof - $123,244
Grounds Maintenance-new roof - $85,891
Animal Services-new roof - $179,936
Board of Elections-new roof - $50,544
Piedmont Community College:
Building S Generator - $92,400
Information Technology Upgrades - $96,835
Campus safety and security lighting - $64,822
Feasibility Study - $62,740
Building D-new roof - $172,265
Public Schools
Early Intervention-new roof - $168,323
School Maintenance-new roof - $182,948
South Elementary Window Replacements - $167,973
Ongoing Projects
Person County Government:
Permitting Software ($292,356) – In final phase of implementation…expecting to be
fully transitioned and operational by June 2021.
Enhanced Camera System-LEC ($80,000) – Fiber is being run to exterior cameras.
Encountered some issues with hardware, but anticipating this project to be complete by
May 2021.
Wireless Broadband Project ($250,000) – Wireless installation on Mt. Tirzah and
Woodland is complete. Bethel Hill and Bushy Fork towers were scheduled for FY20 and
FY21, respectively. However, an extension was approved through March 31, 2022.
Fiber Project ($3,160,550) – All fiber routes between the datacenter and the towers are
complete. Connectivity to individual buildings along the route is expected to be
completed by June 30, 2021.
Executive Hangar Construction ($4,616,330) – Design and bid process has been
completed. The construction contract has been executed, and project completion is
anticipated by April 2022.
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Piedmont Community College:
Early College- POD Building- ($556,740) – Construction of a new building for the
PECIL program has been completed. The County is contributing to PCC in 5 annual
installments for a total cost of $556,740. FY2022 represents the 3rd payment with the
last payment to occur in FY2024.
Telephone System replacement- ($197,433) – Telephone system was replaced for a
total project cost of $197,433. The County is contributing to PCC in 4 annual
installments. The payment for FY22 is the final installment.
Public Schools:
Southern Middle School-Fire Alarm upgrade ($200,000) – Project has just begun.
Oak Lane Chiller ($150,000) – Quotes have been received and installation will be soon
underway.
PHS ADA Improvements ($398,481) – Project completion is anticipated by May 2021.
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Person County
Capital Improvement Plan
FY 2022-2026
Recommended Projects
YEAR DEPT PROJECT TITLE
TOTAL
COST PROJECT DESCRIPTION AND JUSTIFICATION
2022
Information
Technology Construct room addition to existing IT building 129,800
Add a 12' x 16' room to the existing IT building for the purpose of a
server room. With the fiber project nearing completion, there is
increased use of the server room and a need for additional space and
security.
General Services LEC Replace water valves/upgrade actuators 55,500
Upgrade pneumatic actuators on 11 air handlers to electronic controls
and replace the chilled and hot water valves on 4 air handlers. Parts
are becoming obsolete and current systems are not efficient.
General Services New Roof - Helena (old) Gym 253,287 As recommended in the Roofing Study.
Recreation, Arts &
Parks ADA Accessibility Safety Surfacing 142,721
ADA accessible routes to park amenities will be addressed at various
park sites including Huck Sansbury, Longhurst, Allensville, Hurdle
Mills, Mt. Tirzah, Bushy fork, Bethel Hill, Helena, and older
playgrounds at Mayo Park.
Recreation, Arts &
Parks ADA Parking Areas 60,000
ADA accessible parking will be addressed at various park sites
including Huck Sansbury, Longhurst, Allensville, Hurdle Mills, Mt.
Tirzah, Bushy fork, Bethel Hill, Helena, and older playgrounds at Mayo
Park.
Recreation, Arts &
Parks Athletic Field Light/Pole Upgrades 50,000
All ballfields in Person County have light systems that are 25+ years
old. The lights need to be upgraded for safety and preventative
maintenance.
PCC New Telephone System 9,600
Current system has been discontinued and is unreliable. Total project
cost is $197,433 and spans 4 years. The payment for this year is the
final installment.
PCC Early College- POD bldg 79,000
Construct a new building for the PECIL program. This building will be
leased over 5 years for a total cost of $556,740. The payment for this
year is the 3rd lease installment.
PCC Environmental Controls for Buildings 325,000
An HVAC Environmental Control System will allow staff to monitor and
regulate temperature and humidity in all Person campus buildings.
Mildew remediation of furniture, filters, walls, and equipment is
becoming a pervasive problem without the ability to automatically
monitor humidity levels. Additionally, COVID has increased the need to
incorporate outside air for improved overall circulation for the health of
students and employees.
Public Schools North Elementary - Chiller Replacement 150,000
Chiller is 20 years old and has maintenance concerns. Refrigerant is
no longer produced.
Public Schools North End Elementary - Chiller Replacement 125,000
Chiller is 20 years old and has maintenance concerns. Refrigerant is
no longer produced.
Public Schools
Stories Creek Elementary - Heat Pumps
Replacement 140,000
Heat pumps are 20 years old and has maintenance concerns.
Refrigerant is no longer produced.
Public Schools
Earl Bradsher Elementary - HVAC Units
Replacement 115,000
HVAC units are 20 years old and has maintenance concerns.
Refrigerant is no longer produced.
Public Schools New Roof - Oak Lane Elementary 778,868 As recommended in the Roofing Study.
Public Schools New Roof (metal) - South Elementary 51,430 As recommended in the Roofing Study.
2023 General Services New Roof - EMS 193,402 As recommended in the Roofing Study.
General Services
New Roof - Helena EMS/Sheriff Satellite
Station 149,278 As recommended in the Roofing Study.
General Services New Roof - Inspections 289,194 As recommended in the Roofing Study.
General Services
New Roof - Emergency Communications
(911)109,564 As recommended in the Roofing Study.
General Services New Roof - Mayo Park Buildings 143,399 As recommended in the Roofing Study.
Recreation, Arts &
Parks Rock Complex Playground Equipment 55,000
This facility is highly used by citizens and tourists. A playground would
help to increase activity and the attractiveness of the facility.
Recreation, Arts &
Parks Outdoor Multi-Purpose Courts 63,000
Suggested park locations: Olive Hill, Allensville, Hurdle Mills, Bushy
Fork, and Bethel Hill to provide additional recreational opportunities
throughout the County. This is an inexpensive low maintenance way to
provide recreational space. Space can also be used for additional
organized programs, including basketball, quick start tennis, 4 square,
hop scotch, summer camp game space, badminton tournaments, and
much more.
Recreation, Arts &
Parks Athletic Field Light/Pole Upgrades 50,000
All ballfields in Person County have light systems that are 25+ years
old. The lights need to be upgraded for safety and preventative
maintenance.
Recreation, Arts &
Parks Playground and Park Improvements 60,000
Playground equipment updates are needed to ensure public safety and
ADA accessibility at all park playgrounds. ADA accessibility and routes
will be addressed at park sites including: Longhurst, Allensville, Hurdle
Mills, Mt. Tirzah, Bushy Fork, Bethel Hill, Helena, and older
playgrounds at Mayo Park. Updates ensure safety to the public and
reduce deferred maintenance costs.
Page 7
343
Person County
Capital Improvement Plan
FY 2022-2026
Recommended Projects
YEAR DEPT PROJECT TITLE
TOTAL
COST PROJECT DESCRIPTION AND JUSTIFICATION
PCC Early College- POD bldg 79,000
Construct a new building for the PECIL program. This building will be
leased over 5 years for a total cost of $556,740. The payment for this
year is the 4th lease installment.
PCC Repair HVAC Roof Water Lines 78,000
Repair/Replace insulation and sheathing that protects rooftop HVAC
water lines from freezing. Multi-layer protection of exposed lines on all
roofs is critical to prevent freezing pipelines on roofs, which is likely to
lead to flooding, cracks, and subsequent needed repairs.
PCC Chiller units 250,000
Replace old, maintenance intensive, and unreliable chiller units,
corresponding pumps and cooling tower. Ensure new piping matches
chiller and pump setup. Existing units are beyond useful life and three
have been rebuilt this year. Likelihood of emergency repairs high and
new units will be more efficient.
PCC New Roof- Building L & covered walkways 260,543 As recommended in the Roofing Study.
Public Schools South Elementary - Tile Floor Replacement 87,000
Replace the tile flooring at the entrance foyer. The floor tile is in bad
shape and starting to release from the floor.
Public Schools
Southern Middle School - Bleachers
Replacement 145,000
Bleachers are old, do not have safety requirements, and do not
provide ADA access.
Public Schools
New Roof - North End Elementary (sectors
C,D,E)164,655 As recommended in the Roofing Study.
2024
Recreation, Arts &
Parks Converting Old Landfill to Park 73,000
Renovate into park and green space to include: multipurpose trails
(hiking, biking, running, walking), open field space (for programming),
Disk Golf Course, BMX biking course, mountain bike course, skate
track/area. There is also a possibility for shooting events and Archery
range. Many landfills are turned into recreation and green space.
Recreation, Arts &
Parks Athletic Field Light/Pole Upgrades 55,000
All ballfields in Person County have light systems that are 25+ years
old. The lights need to be upgraded for safety and preventative
maintenance.
Recreation, Arts &
Parks Playground and Park Improvements 60,000
Playground equipment updates are needed to ensure public safety and
ADA accessibility at all park playgrounds. ADA accessibility and routes
will be addressed at park sites including: Longhurst, Allensville, Hurdle
Mills, Mt. Tirzah, Bushy Fork, Bethel Hill, Helena, and older
playgrounds at Mayo Park. Updates ensure safety to the public and
reduce deferred maintenance costs.
PCC Early College- POD bldg 79,000
Construct a new building for the PECIL program. This building will be
leased over 5 years for a total cost of $556,740. The payment for this
year is the 5th lease installment.
PCC Chiller units 250,000
Replace old, maintenance intensive, and unreliable chiller units,
corresponding pumps and cooling tower. Ensure new piping matches
chiller and pump setup. Existing units are beyond useful life and three
have been rebuilt this year. Likelihood of emergency repairs high and
new units will be more efficient.
Public Schools New Roof - South Elementary 1,580,136 As recommended in the Roofing Study.
2025 General Services New Roof - Law Enforcement Center 963,316 As recommended in the Roofing Study.
General Services New Roof - Library 85,515 As recommended in the Roofing Study.
Recreation, Arts &
Parks
Huck Sansbury - Playground ADA Safety
Surfacing 205,330
Replace the wood chip safety surfacing to a more permanent ADA
accessible safety surface. The Huck Sansbury playground is the
highest used playground in the county and serves the greatest number
of citizens with accessibility needs. It would be more cost-effective to
remove the existing safety surfacing and replace with a more
permanent surface instead of continuing adding additional safety
woodchips each year.
Recreation, Arts &
Parks Athletic Field Light/Pole Upgrades 52,000
All ballfields in Person County have light systems that are 25+ years
old. The lights need to be upgraded for safety and preventative
maintenance.
Public Schools
New Roof (canopies) - Southern Middle
School 121,544 As recommended in the Roofing Study.
2026 General Services New Roof - Mayo Park Maintenance Building 60,777 As recommended in the Roofing Study.
Recreation, Arts &
Parks Athletic Field Light/Pole Upgrades 55,000
All ballfields in Person County have light systems that are 25+ years
old. The lights need to be upgraded for safety and preventative
maintenance.
Public Schools New roof - Woodland Elementary 993,381 As recommended in the Roofing Study.
Page 8
344
Person County
Capital Improvement Plan
FY 2022-2026
Projects Not Recommended
DEPT PROJECT TITLE TOTAL COST
PROJECT DESCRIPTION/REASON FOR NOT
RECOMMENDING
PCC
Advanced Tech STEM
building 25,000,000
PCC will be presenting the results from their feasibility study to
the Board of Commissioners in the near future. If the Board
supports this project, this information will be forwarded to the
County's Debt Consultants for review and analysis to be part
of the new debt model that is anticipated for completion in the
fall of 2021.
Page 9
345
Person County
Capital Improvement Plan (CIP)
2022-26
Recommended - Funding Schedule
Revenues:
General Fund contribution 535,073 2,465,206 2,177,035 2,097,136 1,427,705 1,109,158 9,811,313
Total Sources of Revenue:535,073 2,465,206 2,177,035 2,097,136 1,427,705 1,109,158 9,811,313
Project Costs for County:
Current
Year
2020-21
Planning
Year
2021-22
Planning
Year
2022-23
Planning
Year
2023-24
Planning
Year
2024-25
Planning
Year
2025-26
TOTAL
PROJECT
COSTS
Information Technology:
Construct room addition to existing IT
building - 93,800 -- - - 93,800
Engineering & Planning - 6,000 -- - - 6,000
Contingency - 10,000 -- - - 10,000
UPS for new server room - 20,000 -- - - 20,000
General Services:
New Roof - Helena (old) Gym - 253,287 -- - - 253,287
LEC Replace water valves/upgrade
actuators - 55,500 -- - - 55,500
New Roof - EMS (Barden St.)- - 193,402 - - - 193,402
New Roof - Helena EMS/Sheriff Satellite
Station - - 149,278 - - - 149,278
New Roof - Inspections - - 289,194 - - - 289,194
New Roof - Emergency Communications
(911)- - 109,564 - - - 109,564
New Roof - Mayo Park Buildings - - 143,399 - - - 143,399
New Roof - Law Enforcement Center - - -- 963,316 - 963,316
New Roof - Library - - -- 85,515 - 85,515
New Roof - Mayo Park Maintenance
Building - - -- - 60,777 60,777
Recreation, Arts & Parks:
ADA Accessibility Safety Surfacing - 142,721 -- - - 142,721
ADA Parking Areas - 60,000 -- - - 60,000
Athletic Field Light/Pole Upgrades - 50,000 50,000 55,000 52,000 55,000 262,000
Playground Equipment Upgrades - - 60,000 60,000 - - 120,000
Rock Complex Playground Equipment - - 55,000 - - - 55,000
Outdoor Multi-Purpose Courts - - 63,000 - - - 63,000
Converting Old Landfill to Park - - - 73,000 - - 73,000
Huck Sansbury - Playground ADA Safety
Surfacing - - -- 205,330 - 205,330
Total County Projects:- 691,308 1,112,837 188,000 1,306,161 115,777 3,414,083
Planning
Year
2025-26
TOTAL
REVENUE
SOURCESSources of Revenue:
Current
Year
2020-21
Planning
Year
2021-22
Planning
Year
2022-23
Planning
Year
2023-24
Planning
Year
2024-25
Page 10
346
Person County
Capital Improvement Plan (CIP)
2022-26
Recommended - Funding Schedule
Project Costs for PCC:
Current
Year
2020-21
Planning
Year
2021-22
Planning
Year
2022-23
Planning
Year
2023-24
Planning
Year
2024-25
Planning
Year
2025-26
TOTAL
PROJECT
COSTS
Piedmont Community College (PCC):
Telephone System Replacement 57,592 9,600 -- - - 67,192
Early College - POD Building 79,000 79,000 79,000 79,000 - - 316,000
Enviro controls for buildings - 325,000 -- - - 325,000
Repair HVAC Roof Water Lines - - 78,000 - - - 78,000
Chiller units - - 250,000 250,000 - - 500,000
New Roof- Building L & covered walkways - - 260,543 - - - 260,543
Total PCC Projects:136,592 413,600 667,543 329,000 - - 1,546,735
Project Costs for Public
Schools:
Current
Year
2020-21
Planning
Year
2021-22
Planning
Year
2022-23
Planning
Year
2023-24
Planning
Year
2024-25
Planning
Year
2025-26
TOTAL
PROJECT
COSTS
Public Schools:
North, NE, Woodland, Oak Lane - ADA
improvements 398,481 - -- - - 398,481
North Elementary - Chiller Replacement - 150,000 -- - - 150,000
North End Elementary - Chiller
Replacement - 125,000 -- - - 125,000
Stories Creek Elementary - Heat Pumps
Replacement - 140,000 -- - -
Earl Bradsher Elementary - HVAC Units
Replacement - 115,000 -- - - 115,000
New Roof - Oak Lane Elementary - 778,868 -- - - 778,868
New Roof (metal) - South Elementary - 51,430 -- - - 51,430
South Elementary - Tile Floor
Replacement - - 87,000 - - - 87,000
Southern Middle School - Bleachers
Replacement - - 145,000 - - - 145,000
New Roof - North End Elementary
(sectors C,D,E)- - 164,655 - - - 164,655
New Roof - South Elementary - - -1,580,136 - - 1,580,136
New Roof (canopies) - Southern Middle
School - - -- 121,544 - 121,544
New Roof - Woodland Elementary - - -- - 993,381 993,381
Total Public Schools Projects:398,481 1,360,298 396,655 1,580,136 121,544 993,381 4,850,495
Total Project Costs:535,073 2,465,206 2,177,035 2,097,136 1,427,705 1,109,158 9,811,313
Page 11
347
Person County
Capital Improvement Plan (CIP)
2022-26
Recommended - Funding Schedule
Sources of Revenue for
Operating Impact Costs:
Current
Year
2020-21
Planning
Year
2021-22
Planning
Year
2022-23
Planning
Year
2023-24
Planning
Year
2024-25
Planning
Year
2025-26
TOTAL
REVENUE
SOURCES
General Fund Revenues 61,000 61,000 61,000 66,000 66,000 66,000 381,000
Total Sources of Revenue for Operating
Impact Costs:61,000 61,000 61,000 66,000 66,000 66,000 381,000
Operating Impact Costs:
Current
Year
2020-21
Planning
Year
2021-22
Planning
Year
2022-23
Planning
Year
2023-24
Planning
Year
2024-25
Planning
Year
2025-26
TOTAL
PROJECT
COSTS
Converting Old Landfill to Park
Maintenance - - -5,000 5,000 5,000 15,000
PCC Early College- POD Building
Custodial employee 33,000 33,000 33,000 33,000 33,000 33,000 198,000
Maintenance and custodial supplies 8,000 8,000 8,000 8,000 8,000 8,000 48,000
Utilities 20,000 20,000 20,000 20,000 20,000 20,000 120,000
Total Operating Impact Costs:61,000 61,000 61,000 66,000 66,000 66,000 381,000
Page 12
348
Person County Capital Improvement Plan
Recommended - Revenue Sources
FY 2022 - 2026
Total % Revenue Sources
Description Current Year 2022 2023 2024 2025 2026 Totals % of Total
General Fund Contribution 535,073 2,465,206 2,177,035 2,097,136 1,427,705 1,109,158 9,811,313 100.0%
Totals 535,073 2,465,206 2,177,035 2,097,136 1,427,705 1,109,158 9,811,313 100.0%
General Fund
Contribution
100.0%
No other revenue
sources are being
proposed at this
time in the attempt
to fully fund the
County's new
Capital Investment
Fund.
Page 13
349
Person County Capital Improvement Plan
Recommended - by Function
FY 2022 - 2026
Total % CIP Projects by Function
Description Current Year 2022 2023 2024 2025 2026 Totals % of Total
General Government - 438,587 884,837 - 1,048,831 60,777 2,433,032 24.8%
Culture & Recreation - 252,721 228,000 188,000 257,330 55,000 981,051 10.0%
Education - PCC 136,592 413,600 667,543 329,000 - - 1,546,735 15.8%
Education - Schools 398,481 1,360,298 396,655 1,580,136 121,544 993,381 4,850,495 49.4%
Totals 535,073 2,465,206 2,177,035 2,097,136 1,427,705 1,109,158 9,811,313 100.0%
General
Government
24.8%
Culture & Recreation
10.0%
Education - PCC
15.8%
Education - Schools
49.4%
Page 14
350
Person County Capital Improvement Plan
Recommended - by Type
FY 2022 - 2026
Total % CIP Projects by Type
Description Current Year 2022 2023 2024 2025 2026 Totals % of Total
Planning & Consulting - 6,000 - - - - 6,000 0.1%
Construction/Renovation 79,000 182,800 79,000 79,000 - - 419,800 4.3%
Equipment Upgrades 57,592 79,600 165,000 115,000 52,000 55,000 524,192 5.3%
Other B&G Improvements 398,481 1,113,221 623,000 323,000 205,330 - 2,663,032 27.1%
Roofing Replacements - 1,083,585 1,310,035 1,580,136 1,170,375 1,054,158 6,198,289 63.2%
Totals 535,073 2,465,206 2,177,035 2,097,136 1,427,705 1,109,158 9,811,313 100.0%
#REF!
0.1%
4.3%
5.3%
27.1%
63.2%
0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 70.0%
Planning & Consulting
Construction/Renovation
Equipment Upgrades
Other B&G Improvements
Roofing Replacements
Page 15
351
Person County's Debt Service
Current Debt Service
Project Description Term
Interest
Rate %
Outstanding
Balance
Last Pyt
Fiscal
Year
2012 SMS &
portion of PHS
Re‐roofing
(QSCB)
Re-roofing construction for Southern Middle
School and a portion of Person High School;
financed through a Qualified School
Construction Bond (QSCB) yielding a 100%
refund of the interest payments.
15 years 3.93% 1,544,148 2028
2015 PCRC &
Various Roofing
Projects
Purchase, renovation and re-roofing of the
existing Person County Recycling Facility,
and re-roofing construction for the Kirby
Civic Auditorium and Earl Bradsher
Preschool.
15 years 2.80% 1,306,400 2029
2016 Roxplex &
Various Roofing
Projects
Acquisition and improvements of Roxplex
property; re-roofing construction to Huck
Sansbury, South Elementary, Woodland
Elementary, and Oak Lane Elementary;
window replacements for North End
Elementary, and a chiller replacement for
Southern Middle School.
10 years 2.22% 1,075,349 2026
2017 Person
County Senior
Center Project
Acquisition and improvements of existing
facility (formerly “Total Fitness Center”) to
be location of Person County Senior Center.
15 years 5.555% 1,936,067 2032
2018 Towers &
Other Building
Improvements
Construction of public safety
communication towers; Huck Sansbury
HVAC and improvements to various school
buildings.
15 years 3.51% 4,371,288 2033
2019 Capital
Lease (EMS
Ambulances and
Turnout Gear)
Purchase of three ambulances and
associated turnout gear.
5 years N/A 310,434 2023
TOTAL DEBT
SERVICE
OUTSTANDING
$10,543,686
Page 16
352
Current Debt Analysis
There are two standard ratios that measure debt service levels and the capacity for taking on
additional debt. These ratios and their meaning for Person County are described as follows:
Debt to Assets Ratio: Measures leverage, the extent to which total assets are financed with long-
term debt. The debt-to-assets ratio is calculated as long-term debt divided by total assets. A high
debt to assets ratio may indicate an over-reliance on debt for financing assets, and a low ratio may
indicate a weak management of reserves. At FY 2019, the debt to assets ratio for Person County
was 13%, while other 20 counties with similar populations reported an average of 35%. Person
County was the 4th highest county for the amount of total assets reported in comparison to these
other counties, but rated the 6th lowest Debt to Assets Ratio, as well as the 6th lowest long term
debt amount. Results appear to indicate that Person County is minimally leveraged in debt
compared to the population group average. As displayed in the chart below, Person County's
debt to assets ratio has minimally declined from 15% in FY 2018 to 13% in FY 2019. This
reduction is due to the yearly paydown of debt. A slight uptick in FY2018 is the result of issuing
new debt for the Senior Center renovation and construction of Public Safety Communication
Towers. Borrowing rates have significantly decreased due to the Federal Government’s attempt
to provide some economic relief in response to the latest Coronavirus pandemic. Although this
provides a favorable environment for debt borrowing, most governmental units are conservatively
holding off until impacts on their current liquidity can be determined. Due to existing conditions, as
well as the fact that Person County’s new debt consultants are in the process of completing the
County’s new debt model, there are no proposed debt issuances in this report. But strictly from a
current reporting perspective on the County’s debt to assets ratio, the data supports that the
County is more than sufficiently leveraged to take on additional long-term debt. A gradual change
or level trend indicates to credit agencies a more strategic approach to the management of the
County’s assets.
Person County's
FY Debt to Assets Ratio
2015 15%
2016 14%
2017 14%
2018 15%
2019 13%
Debt Service Ratio: Measures financing obligations, provides feedback on service flexibility with
the amount of expenditures committed to annual debt service. The debt service ratio is calculated
as annual debt service divided by total expenses. General accounting guidance discourages this
ratio from being higher than 15% for a maximum benchmark. Any percentage higher than this
can severely hamper the County's service flexibility. Person County's debt service ratio held at
4% which is half of the population group’s average ratio of 8% for FY 2019. Even though Person
County issued new debt in FY2017 and FY2018, increases in expenditures for those two years
offset the increase in debt service, causing the debt service ratio to hold flat. This level trend
indicates a tight management of its debt service costs in relation to total expenditures. As it stands
now, Person County is in a favorable position to take on more debt when comparing the debt
15%
14% 14%
15%
13%
12%
13%
13%
14%
14%
15%
15%
16%
2015 2016 2017 2018 2019
Page 17
353
service ratio levels to its peer counties, although it is currently recommended to delay any
decisions for borrowing debt until the County’s new debt consultants can complete and present
the debt model. A consistent debt ratio level indicates a stronger management of financing
resources in relation to the
amount that is available for other
services.
Debt Service
FY 2019 Ratio
Person County 4%
Population Group 8%
Maximum Benchmark 15% 4%
8%
15%
0% 5% 10% 15%
Person
County
Population
Group
Maximum
Benchmark
Page 18
354
Future Debt Service Payments
Fiscal Year
Ending
June 30
2012
School Roofing
Projects for SMS
& PHS (QSCB)
2015
PCRC & Various
Roofing Projects
2016
Roxplex &
Various Roofing
Projects
2017
Senior Center &
Various Roofing
Projects
2018
Towers & Other
Building
Improvements
Project
2019 EMS
Ambulances
Capital Lease
Total Current
Debt Service
Year to Year
Change in
Current
Debt Service
2022 260,131 430,800 275,323 195,733 526,360 155,217 1,843,564 (252,633)
2023 251,924 221,000 310,457 191,787 512,320 155,217 1,642,705 (200,859)
2024 243,717 116,100 259,158 187,842 498,280 - 1,305,096 (337,609)
2025 235,509 113,300 154,163 183,897 484,240 - 1,171,108 (133,988)
2026 227,302 110,500 76,249 179,951 470,200 - 1,064,202 (106,906)
2027 219,095 107,700 - 176,006 381,818 - 884,619 (179,583)
2028 106,470 104,900 - 172,060 370,411 - 753,841 (130,778)
2029 - 102,100 - 168,115 359,003 - 629,218 (124,623)
2030 - - - 164,169 347,596 - 511,765 (117,453)
2031 - - - 160,224 212,285 - 372,509 (139,256)
2032 - - - 156,284 106,143 - 262,426 (110,083)
2033 - - - - 102,633 - 102,633 (159,794)
2034 - - - - - - - (102,633)
2035 - - - - - - - -
Totals 1,544,148$ 1,306,400$ 1,075,349$ 1,936,067$ 4,371,288$ 310,434$ 10,543,686$ (2,096,197)$
Fiscal Year
Ending
June 30
Total Current
Debt Service
No Proposed
Debt Financings
Total Proposed
Debt Service
Adjusted
Year to Year
Change with
Proposed
Debt Service
2022 1,843,564 - 1,843,564 (252,633)
2023 1,642,705 - 1,642,705 (200,859)
2024 1,305,096 - 1,305,096 (337,609)
2025 1,171,108 - 1,171,108 (133,988)
2026 1,064,202 - 1,064,202 (106,906)
2027 884,619 - 884,619 (179,583)
2028 753,841 - 753,841 (130,778)
2029 629,218 - 629,218 (124,623)
2030 511,765 - 511,765 (117,453)
2031 372,509 - 372,509 (139,256)
2032 262,426 - 262,426 (110,083)
2033 102,633 - 102,633 (159,794)
2034 - - - (102,633)
2035 - - - -
2036 - - - -
Totals 10,543,686$ -$ 10,543,686$ (2,096,197)$
Above chart displays Person County's current debt service schedule.It is estimated that the County's total outstanding debt at June 30, 2021 will be $10.5M.
Future debt financings may be proposed once the new debt model is completed.Debt paydowns cause total outstanding debt to drop by approximately $2.1M.
Graph below represents the County's outstanding debt service over 10 year period. Projection of $10.5M at end of FY21 is a 17% reduction from the prior year.
$20.8
$16.7 $15.5
$13.7 $12.6 $13.2
$16.5 $14.9 $12.6
$10.5
0.0
5.0
10.0
15.0
20.0
25.0
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 *
(Millions)
Fiscal Year End *(Estimate)
Outstanding Debt Service
Page 19
355
356
AGENDA ABSTRACT
Meeting Date: May 3, 2021
Agenda Title: Review of the Board’s Rules of Procedure
Summary of Information: The current Rules of Procedure for the Board of Commissioners was
last updated on March 23, 2020 through adoption by the Board. The original version of the Board’s
Rules of Procedure was adopted on December 17, 1984 and contained the provision that “the board
may, by majority vote, add an item that is not on the agenda.” This provision is also included in the
model Rules of Procedure created by the School of Government for which Person County’s Rules of
Procedure are based.
These Rules remained unchanged until August 4, 1997, when then-Chairman Hurdle made a motion
to amend the Rules of Procedure that was approved 4/1 as follows:
The County Manager shall not accept any item for placement on an agenda, nor shall any item
otherwise be added to the agenda, unless it is accompanied by a short and plain synopsis succinctly
summarizing the matter to be considered by the Board of Commissioner and the action, if any,
requested of the Board.
In 2000, the Board of Commissioners approved Rules of Procedure that revised the language to read
as it did originally “the board may, by majority vote, add an item to the agenda” to again be
consistent the Second Edition of Suggested Rules of Procedure for Small Local Government Boards
from the School of Government.
A copy of the Board’s most recently adopted version is provided, that specific provision is found on
page 10, item d.
Recommended Action: Receive the information and decide whether to revise the Rules of
Procedure.
Submitted By: PJ Gentry, County Commissioner
357
Rules of Procedure
Adopted: February 13, 2007
Re-adopted: January 7, 2008
Adopted Revisions: December 2, 2013
Adopted Revision: March 23, 2020
Person County Board of County Commissioners
County of Person
304 South Morgan Street, Room 212
Roxboro, North Carolina 27573 Person County, North Carolina 358
- 1 -
Person County Board of Commissioners
Rules of Procedure
Note: “Comments are included in these Rules to provide statutory
citations, further context and texture to these Rules.
I. Applicability
Rule 1. Applicability of Rules
These rules apply to all meetings of the Board of Commissioners of Person County at
which the board is empowered to exercise any of the executive, quasi-judicial,
administrative, or legislative powers conferred on it by law. Comment: On the whole, rules of procedure of a governing board are intended to govern formal meetings of the board where it will exercise any of its executive
and legislative powers. These rules fulfill that purpose and also are designed to
ensure board compliance with the Open Meetings Law, G.S. 143-318.9 through -
318.18, which applies to any gathering of a majority of the board to discuss
public business. The rules also apply to informal work sessions or committee meetings where public business is discussed but no official action is taken.
II. Open Meetings
Rule 2. Meetings to Be Open
(a) It is the public policy of North Carolina and of Person County that the hearings,
deliberations, and actions of this board and its committees be conducted openly.
(b) Except as otherwise provided in these rules and in accordance with applicable
law, each official meeting of the Person County Board of Commissioners shall be
open to the public and any person is entitled to attend such a meeting. Comment: See G.S. 143-318.10(a).
359
- 2 -
(c) For the purposes of the provisions of these rules concerning open meetings, an
official meeting of the board is defined as any gathering together at any time or
place or the simultaneous communication by conference telephone or other
electronic means of a majority of board members for the purpose of conducting
hearings, participating in deliberations, or voting upon or otherwise transacting
public business within the jurisdiction, real or apparent, of the board.
Comment: See G.S. 143-318.10(d). The Open Meetings Law provides
that a social meeting or other informal assembly or gathering together of
the members of the board does not constitute an official meeting unless it
is “called or held to evade the spirit and purposes” of the laws requiring
meetings to be open.
Rule 3. Closed Sessions
(a) Notwithstanding the provisions of Rule 2, the board may hold a closed session
and exclude the public under the following circumstances and no others:
1. To prevent the disclosure of information that is privileged or confidential
pursuant to the law of this state or of the United States, or is not considered a
public record within the meaning of Chapter 132 of the General Statutes. Comment: See G.S. 143-318.11(a)(1).
2. To consult with the county attorney or another attorney employed or
retained by the county in order to preserve the attorney-client privilege. Comment: See G.S. 143-318.11(a)(2). The statute provides that general policy matters may not be discussed in a session closed in order to
consult with the county attorney, and the mere fact that the county
attorney is participating in a board meeting is not grounds to close the
meeting. The statute further provides that the board may consider and
give instructions to the attorney concerning handling or settlement of any pending litigation or other matter in controversy, but the terms of any
settlement (other than a malpractice claim against a public hospital) must
be reported to the board of commissioners and entered in the minutes “as
soon as possible within a reasonable time” after the settlement is
concluded.
3. To discuss matters relating to the location or expansion of industries or other
businesses in the county. Comment: See G.S. 143-318.11(a)(4).
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4. To consider and take action with respect to the position to be taken by the
county in negotiating the price or other material terms of an agreement for
the acquisition or lease of real property. Comment: See G.S. 143-318.11 (a)(5). The statute does not permit a closed session to discuss negotiations for purchase or lease of personal
property.
5. To consider and take action with respect to the position to be taken by the
county in negotiating the amount of compensation or other material terms of
an employment contract.
Comment: See G.S. 143-318.11(a)(5).
6. To consider the initial employment or appointment of an individual to any
office or position, other than a vacancy in the board of county commissioners
or any other public body, and to consider the qualifications, competence,
performance, character, and fitness of any public officer or employee, other
than a member of the board of commissioners or of some other public body.
Comment: See G.S. 143-318.11(a)(6). Final action on appointments and
discharges must be taken in open session. The statute specifically prohibits discussing general personnel policy issues in closed session. It
also prohibits discussion in closed session of removing from office a
member of the board of commissioners or any other public body. This
prohibition does not preclude discussion of removing from office an
individual officer or employee who is not a member of a “public body.”
7. To hear or investigate a charge or complaint by or against an individual
public officer or employee. Comment: See G.S. 143-318.11(a)(6). Final action discharging an employee or removing an official from office must be taken in open
session.
8. To plan, conduct, or hear reports concerning investigations of alleged
criminal misconduct.
Comment: See G.S. 143-318.11(a)(7).
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(b) The board may go into closed session only upon motion made and adopted at an
open meeting. A motion to go into closed session must cite one or more of the
permissible purposes listed in subsection (a) of this rule. In addition, a motion to go
into closed session pursuant to Rule 3(a)(1) must state the name or citation of the law
that renders the information to be discussed privileged or confidential, and a motion
to go into closed session pursuant to Rule 3(a)(2) must identify the parties in each
existing lawsuit, if any, concerning which the board expects to receive advice
during the closed session. Comment: See G.S. 143-318.11(c).
(c) Unless the motion to go into closed session provides otherwise, the county
manager, county attorney, and clerk to the board may attend the closed session. No
other person may attend the closed session unless specifically invited by majority
vote of the board.
Comment: The Open Meetings Law does not address this point.
Although they have no legal right to attend a closed session, the manager, attorney, and clerk to the board are officers of the board itself and most
boards will want them present at all meetings. All other persons should be
excluded unless their presence is reasonably necessary to facilitate the
board’s deliberations on the matter before it.
III. Organization of the Board
Rule 4. Organizational Meeting
(a) Even-numbered Years. The board shall hold an organizational meeting at its
regular meeting place at 6:30 P.M. on the first Monday in December of each even-
numbered year. The agenda for this organizational meeting shall be limited to
induction of newly elected members of the board of county commissioners and other
elected county officials and organization of the board for the ensuing year. The
organizational meeting shall be convened and concluded before the regular
December meeting is convened. The county attorney shall call the meeting to order
and shall preside until a chair and vice chair are elected. If they have not already
been sworn and inducted into office, the newly elected members of the board shall
take and subscribe the oath of office as the first order of business. As the second
order, the board shall elect a chair and vice-chair from among its members. As the
third order, the board shall approve the bonds of the sheriff, and the register of
deeds, and induct them and any other newly elected county officials into office.
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(b) Odd-numbered Years. At the first regular meeting in December of each off-
numbered year, the first order of business shall be approval of minutes of the
previous meeting. The second order of business shall be election of the chair and
vice-chair for the ensuing year. The third and fourth orders of business may be
appointment of the clerk and county attorney.
Comment: This rule requires an organizational meeting in even
numbered years to be followed by a regular meeting.
This rule incorporates the requirements of G.S. 153A-26 concerning the times for organizational meetings and the qualifications of new members
and the requirements of G.S. 153A-39 concerning the election of the chair
and the vice-chair. G.S. 161-4 (for the register of deeds), and G.S. 162-9
(for the sheriff) require the board to approve the bonds of these officials.
G.S. 153A-26 provides that the oath of office is that prescribed by Article
VI, Section 7, of the North Carolina Constitution (see also G.S. 11-6 and
G.S. 11-7) and may be administered by any person authorized by law to
administer oaths. The written statement of the oath shall be signed by
each new member and filed with the clerk to the board. The statute also provides that a new member who cannot be present at the organizational
meeting may take and subscribe the oath later.
Rule 5. Election of the Chair and Vice Chair
The chair of the board shall be elected annually for a term of one year and shall not
be removed from the office of chair unless he or she becomes disqualified to serve as
a member of the board. The vice chair shall also be elected annually for a term of
one year.
Comment: G.S. 153A-39 provides for the election of a chair and states
that he or she is chosen “for the ensuing year.”
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IV. Regular and Special Meetings
Rule 6. Regular and Special Meetings
(a) Regular Meetings. The board shall hold a regular meeting on the first and third
Monday of each month or such other dates as set out in a schedule of meetings
adopted by the board. If a regular meeting day is a holiday on which county offices
are closed, the meeting shall be held on the next business day or such succeeding
days as may be specified in the motion adjourning the immediately preceding
regular meeting. Regular meetings shall be held at Person County Office Building
in the Commissioner Room and shall begin at 7:00 P.M. on the first Monday of each
month and at 9:00 A.M. on the third Monday of each month or such other date and
time as set out in the schedule of meetings adopted by the board. The board may
change the place or time of a particular regular meeting or all regular meetings
within a specified time period by resolution adopted, posted, and noticed no less
than seven days before the change takes effect. Such a resolution shall be filed with
the clerk to the board and posted at or near the regular meeting place, and copies
shall be sent to all persons who have requested notice of special meetings of the
board.
Comment: See G.S. 143-318.12(b)(1) and G.S. 153A-40(a). Any
permanent change in the schedule of regular meetings must be adopted
not later than ten days before the first meeting to which the new schedule
applies. Also, G.S. 153A-40 requires the board of county commissioners to meet at least once a month. The notice requirements of the proposed
rule are somewhat broader than those required by law.
(b) Special Meetings. The chair or a majority of the members of the board may at
any time call a special meeting of the board by signing a notice stating the time and
place of the meeting and the subjects to be considered. The person or persons who
call the meeting shall cause the notice to be posted on the principal bulletin board
of the county or the door of the regular meeting place if there is no principal
bulletin board and delivered to the chair and all other board members or left at the
usual dwelling place of each member at least 48 hours before the meeting. In
addition, the notice shall be mailed or delivered to individual person and news
media organizations who have requested such notice as provided in subsection (d),
below. Only those items of business specified in the notice may be transacted at a
special meeting, unless all members are present or those who are not present have
signed a written waiver. Comment: See G.S. 153A-40(a) and G.S. 143-318.12(b)(2).
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(c) Emergency Meetings. If a special meeting is called to deal with an unexpected
circumstance that requires immediate consideration by the board, the notice
requirements of this rule do not apply. However, the person or persons who call an
emergency meeting shall take reasonable action to inform the other members and
the public of the meeting. Local news organizations who have requested notice of
special meetings as provided in subsection (d), below, shall be notified of such
emergency meetings by the same method used to notify board members. Only
business connected with the emergency may be discussed at the meeting. Comment: See G.S. 153A-40(b) and G.S. 143-318.12(b)(3).
(d) Sunshine List. Any individual person and any newspaper, wire service, radio
station, and television station may file with the clerk to the board of commissioners a
written request for notice of all special meetings of the board.
Comment: See G.S. 143-318.12(b)(2).
(e) Work Session and Committee Meetings. The board may schedule work sessions,
committee meetings, or other informal meetings of the board or a majority of the
members of the board at such times and with respect to such subject matter as may
be established by resolution or order of the board. A schedule of any such meetings
that are held on a regular basis shall be filed in the same place and manner as the
schedule of regular meetings. Work sessions and other informal official meetings
not held on a regular schedule are subject to the same notice requirements as
special board meetings. Comment: The Open Meetings Law requires that any “official meeting” at which a majority of the board deliberates on public business must be open
to the public and notice must be given. The last sentence of this rule
embodies that principle. The rule goes beyond the Open Meetings Law in
requiring a published schedule of work sessions or committee meetings
held on a regular basis.
G.S. 143-318.13(a) provides that if the board holds any regular, special,
emergency, or other official meeting by use of conference telephone or
other electronic means, the clerk shall provide a location and means
whereby members of the public may listen to the meeting and notice of the meeting shall specify that location.
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Rule 7. All Meetings within the County
All meetings shall be held within the boundaries of Person County, except as
otherwise provided for herein.
1. A joint meeting with the governing board of any other political
subdivision of this state or any other state may be held within the
boundaries of either subdivision as may be stated in the call of the
meeting. At any such joint meeting, this board reserves the right to
vote separately on all matters coming before the joint meeting.
2. A special meeting called for the purpose of considering and acting
upon any order or resolution requesting members of the General
Assembly representing all or any portion of this county to support or
oppose any bill pending in the General Assembly or proposed for
introduction therein may be held in Raleigh or such other place as
may be stated in the call of the meeting.
3. Meetings during a Declared State of Emergency
(a) When the chair or other authorized county official has
declared a state of emergency pursuant to NC law and it is
impossible or imprudent to meet in a physical in person
meeting the Board of County Commissioners may meet as a
board by electronic means upon a certification by the chair or
other authorized official that it is necessary to do so. Notice
shall be given of such meeting to the public by any reasonable
means according to the Open Meetings law along with the
opportunity for the public to observe such meeting.
(b) When a meeting of the board is held as provided for in 3(a)
above the board may permit staff and others to participate
electronically as necessary for the efficient and effective
consideration of issues before the board.
(c) The procedures provided for in this section 7.3 shall be
applicable to all county boards and commissions including but
not limited to the Board of Health, the Board of Social
Services, the Planning Board, the Board of Adjustments and
the Recreation Board.”
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Comment: See G.S. 153A-40(c). That statute also speaks of two other categories of gatherings that may be held outside the boundaries of the
county: retreats, and meetings with the legislative delegation representing
the county in the General Assembly. The statute expressly forbids the
board to take any official action at any such meetings, so they are not
mentioned in the proposed rule. Remember, however, that such meetings are covered by the Open Meetings Law if a majority of the board is
present and “deliberates” on the public business.
Rule 8. Broadcasting and Recording Meetings
(a) Except as provided in this rule, any radio or television station is entitled to
broadcast all or any part of an official meeting of the board that is required to be
open to the public. Any person may photograph, film, tape-record, or otherwise
reproduce any part of the meeting required to be open.
(b) Any radio or television station wishing to broadcast any portion of an official
meeting of the board shall so notify the county manager no later than twenty-four
hours before the meeting. If the number of requests or the quantity and size of the
necessary equipment is such that the meeting cannot be accommodated in the
designated meeting room and no suitable alternative site in the county office
building is available, the county manager may require the news media either to
pool equipment and personnel or to secure and pay the costs of an alternative
meeting site that is mutually agreeable to the board and the media representatives.
Comment: See G.S. 143-318.14. Notwithstanding the proposed rule, the
board probably could not exclude broadcast media reporters simply
because they failed to give the suggested twenty-four-hour notice.
V. Agenda
Rule 9. Agenda
(a) The clerk to the board and county manager shall prepare the agenda for each
regular, special, and emergency meeting. A request to have an item of business
placed on the agenda for a regular meeting must be received at least three working
days before the meeting. Any board member may, by a timely request, have an
item placed on the agenda.
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(b) Consent Agenda – The County Manager and the Clerk to the Board shall
designate on the agenda an item entitled “Consent Agenda”. Sub items under the
Consent Agenda shall include but are not limited to minutes, routine reports,
budget amendments and such other items that do not require discussion. Such
consent agenda items shall be approved by a single combined vote. Upon the
request of any board member an item shall be removed from the Consent Agenda
and discussed with Board consideration for approval immediately following the
approval of the remaining item(s) on the Consent Agenda.
(c) The agenda packet shall include the agenda document, any proposed ordinances
or amendments to ordinances, and supporting documentation and background
information relevant to items on the agenda. A copy of the agenda packet shall be
available at the Clerk’s office or delivered to each member of the board at least
twenty-four hours before the meeting. Documents in the agenda packet, if not
previously available for public inspection, shall become so when packets have been
released to each board member.
(d) The board may, by majority vote, add an item that is not on the agenda.
Comment: Because of the increased volume and complexity of the
matters they must consider, nearly all boards use an agenda. Some boards use an agenda only to organize the material they must consider
and to give themselves an opportunity to study the issues before they
meet. These boards generally allow last-minute additions to the agenda
by general consent. This rule takes that approach. Other boards use their agenda to control the length of their meetings. Often a board that uses its
agenda for this purpose will hold a work session before the regular
meeting to ask questions and thoroughly explore the proposals that must
be voted on at the regular meeting. Generally these boards take a stricter
approach and do not allow late additions to the agenda unless an emergency exists.
The manager or the clerk may find it convenient to maintain a mailing list
of interested parties who wish to receive a copy of the agenda regularly.
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Rule 10. Informal Public Comments
The clerk to the board shall include on the agenda of each regular meeting a period
of ten minutes for comments or questions from members of the public in attendance.
The chair will first recognize individuals or groups who have made a prior
appointment to be heard, and then may recognize others, subject to available time.
The chair may specify the time allotted to each speaker. After the time set aside for
informal public comments has expired, the chair will recognize further speakers
only upon motion duly made and adopted.
Comment: The board must set aside part of one meeting per month for
individuals or groups to address the board. The rule allows any individual
or group to get on the agenda but lets the board decide whether there is
time to hear its comments. See G.S. 153A-52.1.
Rule 11. Order of Business
At regular meetings, the board shall proceed to business in the following order:
1. Call to order.
2. Invocation.
3. Pledge of Allegiance.
4. Discussion/Adjustment/Approval of Agenda.
5. Recognition(s).
6. Scheduled public hearing(s) and Action related to each public hearing(s).
7. Informal public comments.
8. Discussion/Adjustment/Approval of Consent Agenda.
9. Unfinished business.
10. New business.
11. Chairman’s Report.
12. Manager’s Report.
13. Commissioners’ Report/Comments.
14. Closed Session(s) (if deemed appropriate by the board).
Without objection, the chair may call items in any order most convenient for the
dispatch of business.
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Comment: As a matter of courtesy, by general consent, those items that require the participation of nonmembers, such as members of the public
and administrative officials, may be considered first.
VI. Conduct of Debate
Rule 12. Powers of the Chair
The chair shall preside at all meetings of the board. A member must be recognized
by the chair in order to address the board. The chair shall have the following
powers:
1. To rule on points of parliamentary procedure, including the right to rule out
of order any motion patently offered for obstructive or dilatory purposes;
2. To determine whether a speaker has gone beyond reasonable standards of
courtesy in his or her remarks and to entertain and rule on objections from
other members on this ground;
3. To call a brief recess at any time;
4. To adjourn in an emergency.
Comment: This rule replaces the question of order and appeal in
Robert’s Rules of Order (hereinafter referred to as RRO). Here, the chair’s authority increases: his or her decisions regarding decorum in
debate and rules of parliamentary procedure are final and cannot be
appealed to the membership. In RRO, a recess can be taken only on a
motion and vote by the members. This rule gives the chair authority to
declare a recess when necessary to “clear the air” and thus hold friction among the members to a minimum.
Rule 13. Presiding Officer When the Chair Is in Active Debate
If the chair wishes to become actively engaged in debate on a particular proposal,
he or she shall designate the vice chair or a staff member or another board member
to preside. The chair shall resume the duty to preside as soon as action on the matter
is concluded.
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Comment: Good leadership depends, to a certain extent, on not taking sides during a debate. On a small board this may not always be feasible
or desirable; yet an unfair advantage accrues to the side whose advocate
controls access to the floor. This rule is designed to ensure evenhanded
treatment to both sides during a heated debate. Ordinarily the chair
should call on the vice-chair to preside if he or she finds it necessary to step aside. If all board members want to continue to actively participate in
the debate, the clerk to the board or some other staff member may be
asked to preside temporarily.
Rule 14. Action by the Board
The board shall proceed by motion. Any member, including the chair, may make a
motion.
Rule 15. Second Not Required For Substantive Motion
A second is not required for a substantive motion.
Comment: A second is not required in many boards with a small number of members. If one member of the five member board wishes to debate a
matter by motion that represents 20% of the total board membership.
Rule 16. One Motion at a Time
A member may make only one motion at a time.
Rule 17. Substantive Motion
A substantive motion is out of order while another substantive motion is pending. Comment: This rule sets forth the basic principle of parliamentary
procedure: distinct issues are considered and dealt with one at a time, so
a new proposal may not be put forth until action on the preceding one has
been concluded.
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RRO does not refer to substantive motions as such; instead it uses such adjectives as “main” or “principal.” Here, a substantive motion is any
motion other than the procedural motions listed in Rule 20. The possible
subject matter of a substantive motion coextends with the board’s legal
powers, duties, and responsibilities. Indeed, since Rule 14 provides that
the board shall proceed by motion, the substantive motion is the board’s exclusive mode of action. The procedural motions detailed in the following
rules set forth the board’s various options in disposing of substantive
motions.
Rule 18. Adoption by Majority Vote
A motion shall be adopted if approved by a majority of the votes cast, a quorum
being present, unless an extraordinary majority is required by these rules or the laws
of North Carolina.
Rule 19. Debate
The chair shall state the motion and then open the floor to debate, presiding over
the debate according to these general principles:
1. The member making the motion or introducing the ordinance, resolution, or
order is entitled to speak first.
2. A member who has not spoken on the issue shall be recognized before
someone who has already spoken.
3. To the extent possible, the debate shall alternate between opponents and
proponents of the measure.
4. No member shall speak more than twice on a point in the main motion, nor
longer than ten minutes for the first speech and five minutes for the second
speech; nor shall the member speak more than twice upon an amendment or
procedural motion and then not longer than five minutes for the first speech
and two minutes for the second speech. Comment: The fourth principle, above, is similar to Rule 10 of the North
Carolina House of Representatives. Not all boards will find it necessary or
desirable to include this provision and those that do should give careful
consideration to the time limits.
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Rule 20. Procedural Motions
(a) In addition to substantive proposals, the procedural motions listed in subsection
(b) of this rule, and on others, shall be in order. Unless otherwise noted, each motion
requires a second, is debatable, may be amended, and requires a majority vote for
adoption.
Comment: This rule substantially departs from RRO. Each procedural
motion in RRO was reviewed to determine whether it was appropriate for
use by a small board; substantial modifications and deletions were the result. The following enumeration of procedural motions is exhaustive; if a
procedural option is not on the list, it is not available.
(b) In order of priority (if applicable), the procedural motions are: Comment: While a substantive motion is out of order if another
substantive motion is pending, several procedural motions can be
entertained in succession without necessarily disposing of the immediately
pending one. The order of the list below establishes which procedural
motion yields to which – for example, a move to defer consideration (6) may be made while a move to refer to committee (9) is pending because
(6) ranks higher on the list.
1. To Adjourn. The motion may be made only at the conclusion of action
on a pending matter; it may not interrupt deliberation of a pending
matter.
Comment: This motion differs from the RRO motion in several respects.
In RRO, it is not debatable or amendable and can be made at any time, even interrupting substantive deliberations. In view of the small number of
members and the available procedures to limit debate, this rule allows
debate and amendment of the motion to adjourn but allows the motion to
adjourn only when action on a pending matter is over. The motion to defer
consideration or to postpone to a certain time or day may be used if the board wants to adjourn before completing action on a matter.
2. To Take a Recess. Comment: RRO does not allow debate on this motion, but since the number of members is small and procedures to limit debate are available,
this rule allows debate on the motion. As in RRO, the motion is in order at
any time. Note that under Rule 12, the chair also has the power to call a
brief recess.
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3. To Call to Follow the Agenda. The motion must be made at the first
reasonable opportunity or it is waived. Comment: This motion differs from the call for the orders of the day in
RRO: it may be debated and must be made when an item of business that deviates from the agenda is proposed or the right to insist on following the
agenda is waived for that item.
4. To Suspend the Rules. The motion requires a vote equal to a quorum. Comment: This motion differs from RRO in that it is debatable and
amendable and the number of necessary votes is a quorum rather than
two thirds. Thus if a board has five members, three members (a quorum)
must vote for the motion; if only three members are present at a particular meeting, all three must vote for the motion in order to adopt it. This
motion is in order when the board wishes to do something that it may
legally do but cannot without violating its own rules. The procedure will
pose some problems for a three-member board, as it can be used to
prevent one member from participating in the board’s deliberations. Frequent use of the motion to prevent one member from presenting
proposals to the board or from speaking on an issue before the board is of
doubtful legality. A three-member board may decide to require a
unanimous vote to suspend the rules.
5. To Divide a Complex Motion and Consider It by Paragraph.
Comment: this motion is the same as the division of a question and
consideration by paragraph in RRO except that it is debatable.
6. To Defer Consideration. A substantive motion whose consideration
has been deferred expires one hundred days thereafter, unless a
motion to revive consideration is adopted. Comment: This motion, which replaces the motion to lay on the table in
RRO, was renamed to avoid confusion. It allows the board temporarily to
defer consideration of a proposal. It differs from RRO in that it may be
debated and amended, and in that a motion that has been deferred dies if
it is not taken up by the board (via a motion to revive consideration) within one hundred days of the vote to defer consideration. (In RRO a motion
laid on the table dies at the end of that particular session of the assembly.)
One hundred days is the suggested period of time for deferring
consideration because it is also the time within which a proposal
ordinance must be enacted (see Rule 27).
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7. To Call the Previous Question. The motion is not in order until every
member has had one opportunity to speak.
Comment: This motion differs from the motion in RRO. The RRO motion
is always in order, is not debatable or amendable, and requires a two-
thirds vote for adoption. Thus, it may be used to end discussion of a
proposal before every member has had an opportunity to speak. Such a
device may be necessary to preserve efficiency in a large assembly, but
with a small board, allowing every member at least one opportunity to
speak before closing debate strikes a better balance between efficiency
and fairness. After every member who wishes to speak has done so,
debate may be ended by majority vote. The second revised edition of
these Rules of Procedure for the Board of County Commissioners also
suggested that the call for the previous question may not be made before
there had at least twenty minutes of debate. That provision is deleted
from this edition in favor of the suggested principle included in Rule 19
concerning limitations on individual speeches at various steps in debate.
8. To Postpone to a Certain Time or Day. Comment: This motion allows the board to defer consideration to a
specified time or day and is appropriate when more information is needed
or the deliberations are likely to be lengthy.
9. To Refer to Committee. Sixty days after a motion has been referred to
a committee, the introducer may compel consideration of the measure
by the entire board, regardless of whether the committee has reported
the matter back to the board. Comment: This motion is identical with the motion of the same name in
RRO except that the introducer’s right to compel consideration by the full
board after a specified period of time prevents using the motion to defeat a
proposal by referring it to a committee that intends to take no action on it.
If the board does not use committees, this rule is unnecessary.
10. To Amend. An amendment to a motion must be germane to the
subject of the motion, but it may not achieve the opposite effect of the
motion. There may be an amendment to the motion and an
amendment to an amendment, but no further amendments. Any
amendment to a proposed ordinance shall be reduced to writing. In
lieu of using a substitution motion, it is recommended that board
members defeat the main motion and propose a new motion.
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11. To Revive Consideration. The motion is in order at any time within
one hundred days of a vote deferring consideration of it. A
substantive motion on which consideration has been deferred expires
one hundred days after the deferral, unless a motion to revive
consideration is adopted.
Comment: This motion replaces the motion to take up from the table in
RRO and was renamed in order to avoid confusion. This motion may be
debated and amended; the motion in RRO may not. If the motion to
revive consideration is not successful within one hundred days of the original deferral date, the substantive motion expires. The subject matter
of the motion may be brought forward again by a new motion.
12. To Reconsider. The motion must be made at the same meeting at
which the original vote was taken, and by a member who voted with
the prevailing side. The motion cannot interrupt deliberation on a
pending matter but is in order at any time before adjournment. Comment: According to RRO, the motion may be made at the same meeting or on the next legal day and may interrupt deliberation on another
matter. The rule does not allow reconsideration of a vote once the
meeting adjourns. A member wishing to reverse an action taken at a
previous meeting may make a motion or introduce a new ordinance
having the opposite effect.
13. To Prevent Reconsideration for Six Months. The motion shall be in
order immediately following the defeat of a substantive motion and
at no other time. The motion requires a vote equal to a quorum and is
valid for six months or until the next regular election of county
commissioners, whichever occurs first.
Comment: This clincher motion prevents the same motion from being
continually introduced when the subject has been thoroughly considered. Because this motion curtails a member’s right to bring a matter before the
board, a vote equal to a quorum is required. As with every other motion, a
clincher may be dissolved by a motion to suspend the rules. Six months is
merely a suggested time; the board may shorten or lengthen the time as it
sees fit. In order to give a new board a clean slate, the motion is not effective beyond the next regular election.
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Rule 21. Renewal of Motion
A defeated motion may not be renewed at the same meeting.
Rule 22. Withdrawal of Motion
A motion may be withdrawn by the introducer at any time before the chair puts the
motion to a vote. Comment: RRO provides that once a motion has been stated by the
chair for debate, it cannot be withdrawn without the assembly’s consent.
Such a procedure is unnecessary for a small board.
Rule 23. Duty to Vote
It is the duty of each member to vote unless excused by a majority vote according to
law. The board may excuse members from voting on matters involving their own
financial interest or official conduct. A member who wishes to be excused from
voting shall so inform the chair, who shall take a vote of the remaining members. A
member who fails to vote, not having been excused, shall be recorded as voting in
the affirmative. Comment: G.S. 153A-44 provides that board members have a duty to
vote, but does not state the remedy for failure to do so.
Rule 24. Prohibition of Secret Voting
No vote may be taken by secret ballot. If the board decides to vote by written
ballot, each member shall sign his or her ballot and the minutes shall record the vote
of each member. These ballots shall be retained and made available for public
inspection until the minutes have been approved, at which time they may be
destroyed.
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Comment: See G.S. 143-318.13(b).
Rule 25. Action by Reference
The board shall not deliberate, vote, or otherwise act on any matter by reference to
an agenda or document number unless copies of the agenda or documents being
referenced are available for public inspection at the meeting and are so worded
that people at the meeting can understand what is being discussed or acted on. Comment: See G.S. 143-318.13(c).
Rule 26. Introduction of Ordinances, Resolutions, and Orders
A proposed ordinance shall be deemed introduced at the first meeting at which it is
on the agenda, regardless of whether it is actually considered by the board, and its
introduction shall be recorded in the minutes.
Comment: G.S. 153A-45 provides that an ordinance may not be finally
adopted at the meeting at which it is introduced except by unanimous
vote. The definition of introduction therefore is important because it makes a difference in the number of votes required to adopt an ordinance.
No North Carolina judicial decisions have addressed the question of when
an ordinance is considered to have been introduced. The rule assumes that a measure is introduced when it has been formally presented to the
board through an approved agenda.
Rule 27. Adoption, Amendment, or Repeal of Ordinances
To be adopted at the meeting where first introduced, an ordinance or any action
with the effect of an ordinance, or any ordinance amending or repealing an existing
ordinance (except the budget ordinance, a bond order, or another ordinance
requiring a public hearing before adoption) must be approved by all members of
the board of commissioners. If the proposed measure is approved by a majority of
those voting but not by all the members of the board, or if the measure is not voted
on at the meeting where introduced, it shall be considered at the next regular
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meeting of the board. If the proposal receives a majority of the votes cast at the next
meeting or within one hundred days of being introduced, it is adopted.
Comment: See G.S. 153A-45. See also G.S. 153A-46 for requirements
for granting franchises.
Rule 28. Quorum
A majority of the board membership shall constitute a quorum. The number
required for a quorum is not affected by vacancies. If a member has withdrawn from
a meeting without being excused by majority vote of the remaining members
present, he or she shall be counted as present for the purposes of determining
whether a quorum is present. The board may compel the attendance of an absent
member by ordering the sheriff to take the member into custody. Comment: See G.S. 153A-43. Compelling the attendance of a member
by ordering the sheriff to take him or her into custody is an extraordinary
remedy intended for use when a member obstinately refuses to attend
meetings for the purpose of preventing action on a proposal. If the board contemplates using this power, it might be wise to give the absent
members notice that their attendance is required by the majority and may
be compelled in this manner.
Rule 29. Public Hearings
Public hearings required by law or deemed advisable by the board shall be
organized by a special order, adopted by a majority vote, setting forth the subject,
date, place, and time of the hearing as well as any rules regarding the length of time
allotted to each speaker and designating representatives to speak for large groups.
At the appointed time, the chair shall call the hearing to order and preside over it.
When the allotted time expires, the chair shall declare the hearing ended and the
board shall resume the regular order of business. Following the closing of a public
hearing, the board may take action to grant or deny the request as desired by the
board.
Comment: G.S. 153A-52 provides that public hearings may be held
anywhere within the county and gives the board authority to adopt rules
governing the hearings.
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Rule 30. Quorum at Public Hearings
A quorum of the board shall be required at all public hearings required by law.
Comment: G.S. 153A-52 implies that a quorum of governing board
members is necessary for a public hearing by providing that a hearing shall be deferred to the next regular meeting if a quorum is not present at
the originally scheduled time. However, if the board decided to hold a
public hearing not required by law to gather a consensus of public opinion
on an issue, the hearing could be held at several sites, with a few
members at each site.
Rule 31. Minutes
Minutes shall be kept of all board meetings. The board, by majority vote, shall
approve all minutes of each meeting (whether open or closed session), through
action at a public meeting. Minutes of all closed sessions are to be sealed until their
release will not frustrate the purpose of the closed session. The County Attorney is
designated to periodically review said sealed minutes and determine the
appropriateness of releasing such minutes for public inspection. At such time the
County Attorney deems the release of sealed minutes would no longer frustrate the
purpose, the clerk to the board is authorized to transfer such to the public minutes of
the Board. Comment: G.S. 143-318.10(e) requires all public bodies to keep “ full
and accurate” minutes of all official meetings, including closed sessions.
Minutes of closed sessions must be a “general account… so that a person
not in attendance would have a reasonable understanding of what
transpired.” Closed session minutes may be withheld from public inspection “so long as public inspection would frustrate the purpose” of the
session.
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Rule 32. Reference to Robert’s Rules of Order
To the extent not provided for in, and not conflicting with the spirit of, these rules,
the chair shall refer to Robert’s Rules of Order to resolve procedural questions. Comment: RRO was designed to govern a large legislative assembly,
and many of its provisions may be inappropriate for small boards.
Nevertheless, it is the best source of parliamentary procedure; care should
simply be taken to adjust RRO to meet the needs of small governing
boards.
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