July 8
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PERSON COUNTY BOARD OF COMMISSIONERS JULY 8, 2010 MEMBERS PRESENT OTHERS PRESENT
Johnny Myrl Lunsford Heidi York, County Manager
Jimmy B. Clayton C. Ronald Aycock, County Attorney Kyle W. Puryear Brenda B. Reaves, Clerk to the Board
B. Ray Jeffers
Samuel R. Kennington
The Board of Commissioners for the County of Person, North Carolina, met in recessed session on Thursday, July 8, 2010 at 6:00 p.m. in the Commissioners’ meeting room in the Person County Office Building for the purpose to meet jointly with the
Person County Planning Board to discuss the proposed amendments to the Zoning
Ordinance pertaining to Campers and Recreational Vehicles.
Planning Board members present were Barry Walker, Planning Board Chairman, Brenda W. Riley, Derrick A. Smith, Lindsay T. Wagstaff III, C.L. Oakley and Kenneth
Malcolm Montgomery. Planning Board member Phillip Hall was absent. Planning
Director, Paula Murphy was present.
Chairman Lunsford called the meeting to order.
Board members spoke in agreement that language should be added to allow
flexibility of tent camping and temporary visits of a travel trailer or RV for two weeks or
less.
Ms. Murphy confirmed for the group that the proposed amendments to the Zoning
Ordinance pertaining to Campers and Recreational Vehicles would be applicable county-
wide. Ms. Murphy explained for the group the complaint based process. Ms. Murphy
stated if she or any other individual finds, reports or complains of a potential violation to the Planning Ordinance, the process includes site verification. Upon verification of a
violation, Ms. Murphy noted a certified letter is sent to the property owner requesting a
meeting and/or resolution of the violation. A second certified letter is sent or delivered
by the Sheriff’s Department if no response. Ms. Murphy noted the process could take
months. Legal action is the last resort if the issue is not resolved. Ms. Murphy stated that during her tenure with the County no case had proceeded into legal action.
County Attorney, Ron Aycock recounted the background of the issue at hand
noting the Person County Planning Board submitted to the County Commissioners,
proposed amendments to the Planning Ordinance pertaining to Campers and Recreational Vehicles. These recommendations stemmed from months of examination of the issue and
were in response to citizens’ complaints about the semi-permanent (or permanent)
locations of Campers and RVs in residential neighborhoods.
The proposed changes include:
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1. Continuing a prohibition of campers/RVs except in officially designated
Camper/RV Parks,
2. Allowing storage of one camper/RV per lot,
3. Allowing temporary use of a camper/RV during a natural emergency,
4. Allowing temporary use during construction of a properly permitted permanent dwelling, and
5. Updating and clarifying terms and definitions
The public hearing on the proposed changes involved an approximate equal number of proponents and opponents to the proposed changes. The proponents argued that continued
unregulated placement of campers/RVs diminished their property values and generally
degraded their enjoyment of their property. The opponents argued that regulation was in
violation of their rights to use their property as they wished and would restrict legitimate use
of their property.
Mr. Aycock stated the Board of Commissioners have at least the following
options:
1. Do nothing. This would continue the present general prohibition of campers on private residential property and either order the ordinance enforced or continue the
present practice of occasional complaint driven enforcement.
2. Adopt the ordinance as proposed by the Planning Board.
3. Make changes to the proposed Ordinance that might include:
a) authorize a permitted period of use of a camper/RV on residential property
similar to what is authorized in the Durham County ordinance below:
Clarifying language to this Durham Ordinance provision should be added to define the
period during which the two week use is authorized such as:
• “Any subsequent visit of two weeks or less shall be separated by a period of at least
four weeks.”
• “Only one (travel trailer) camper or RV shall be allowed to be utilized on a lot
devoted to residential use”
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4. Insert clarifying language as follows:
“ Nothing contained in this ordinance shall be interpreted to prohibit use of
temporary back yard overnight tent camping by family members or friends of the family members or camping during hunting or fishing or scouting trips in remote
areas”( may have to define remote areas)
5. Make any of these provisions applicable only in specified areas in the County
(townships with Lakes), thereby eliminating a county-wide restriction
Board members discussed with Planning Board members the possibility of adding
the bold text (Durham provision text above) as an option as well as adding clarifying
language as listed in #4 above. The group discussed taking out the reference of residential areas in the bold text as well as removing reference to remote areas so not to
single out individuals. Ms. Murphy stated singling out individuals would involve
notification by mail of such.
Mr. Aycock stated the proposed amendments created a more clearly defined and more enforceable ordinance.
Chairman Lunsford asked the Planning Board to send the County Manager,
County Attorney and the Board information previously considered related to landowners
previous to the 1966 ordinance.
CLOSED SESSION:
A motion was made by Commissioner Puryear, seconded by Commissioner
Clayton, and carried 5-0 to enter Closed Session pursuant to General Statute 143-318.11(a)(4) to discuss matters relating to the location or expansion of industries or other
businesses in the county at 7:07 p.m.
A motion was made by Commissioner Puryear, seconded by Commissioner Clayton, and carried 5-0 to return to open session at 8:00 p.m.
A motion was made by Commissioner Puryear, seconded by Commissioner
Clayton, and carried 5-0 to adopt the Resolution Designating the County of Person, North Carolina as a Recovery Zone pursuant to the American Recovery and
Reinvestment Act of 2009.
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A motion was made by Commissioner Jeffers, seconded by Commissioner
Puryear, and carried 5-0 to accept the Oaths of the Commissioners of the Person County Industrial Facilities and Pollution Control Financing Authority and directed the Clerk to
the Board to file said oaths.
County Attorney, Ron Aycock informed the Board that the Person County Industrial Facilities and Pollution Control Financing Authority currently has five
members and recommended that the Board consider adding two additional members as
allowed by law as well as to stagger all terms. It was the consensus of the Board to
increase the membership of the Person County Industrial Facility and Pollution Control
Financing Authority from five to seven members and stagger the terms as recommended by the County Attorney.
The Board agreed to continue the discussion of the proposed amendments to the
Zoning Ordinance pertaining to Campers and Recreational Vehicles at the Board’s July 19th meeting as the last agenda item.
RECESS: A motion was made by Commissioner Puryear, seconded by Commissioner
Jeffers, and carried to recess the meeting at 8:14 p.m. until Monday, July 12, 2010 at
6:30 p.m.
_____________________________ ______________________________
Brenda B. Reaves Johnny Myrl Lunsford
Clerk to the Board Chairman