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Agenda Packet September 6 2016PERSON COUNTY BOARD OF COUNTY COMMISSIONERS MEETING AGENDA 304 South Morgan Street, Room 215 Roxboro, NC 27573-5245 336-597-1720 Fax 336-599-1609 September 6, 2016 9:00am CALL TO ORDER…………………………………………………... Chairman Newell INVOCATION PLEDGE OF ALLEGIANCE DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA PUBLIC HEARING: ITEM #1 Text Amendments to Zoning Ordinance ……………………………….. Mike Ciriello ITEM #2 Consideration to Approve Text Amendments ……………………... Chairman Newell 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. 1 ITEM #3 DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA A. Approval of Minutes of August 15, 2016, B. Budget Amendment #4, C. Budget Amendment #5 Carryforward of purchase orders for FY2016, and D. Home & Community Care Block Grant Final Revised County Funding Plan for FY2016 for the Person County Dept. of Social Services. UNFINISHED BUSINESS: NEW BUSINESS: ITEM #4 Proposed Road dedication to World War I Veteran, Jessie Lunsford ………………………………………………... Commissioner Clayton ITEM #5 Proposed Road Re-naming of the dead end segment of Providence Road ………………………………………………………… Sallie Vaughn ITEM #6 Tourism Development Authority Annual Report ……………….. Margaret McMann ITEM #7 Proposed New Environmental Health Fees – Engineered Option Permit Fees ………………………………………… Janet Clayton ITEM #8 Designation of Landfill franchise Fees for Public Good …. Vice Chairman Kendrick ITEM #9 NC Association of County Commissioners (NCACC) Legislative Goals ……………………………………………………………... Sybil Tate ITEM #10 Board and Committee Appointments …………………………………. Brenda Reaves A. Home Health and Hospice Advisory Committee B. Juvenile Crime Prevention Council C. Kerr Tar Regional Council of Government Board CHAIRMAN’S REPORT MANAGER’S REPORT COMMISSIONER REPORTS/COMMENTS 2 CLOSED SESSION #1 A motion to enter into Closed Session per General Statute 143-318.11(a)(3) for the purpose to consult with the county attorney in order to preserve the attorney-client privilege with the following individuals permitted to attend: County Attorney, Ron Aycock, County Manager, Heidi York, Clerk to the Board, Brenda Reaves, Economic Development Director, Stuart Gilbert, and Tax Administrator, Russell Jones. CLOSED SESSION #2 A motion to enter Closed Session per General Statute 143-318.11(a)(5) for the purpose to consider the acquisition or lease of real property with the following individuals permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, and County Attorney, Ron Aycock. CLOSED SESSION #3 A motion to enter Closed Session per General Statute 143-318.11(a) (3) to consult with an attorney and General Statute 143-318.11(a) (5) to establish, or to instruct the public body's staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating the price and other material terms of a contract with the following individuals permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock, and Assistant County Manager, Sybil Tate. Note: All Items on the Agenda are for Discussion and Action as deemed appropriate by the Board. 3 PUBLIC NOTICE The Person County Board of Commissioners, by action at its meeting on July 18, 2016, has changed the meeting time of the regular scheduled Board of County Commissioners’ September 6, 2016 meeting from 7:00pm to now be convened at 9:00am in their usual meeting room 215 in the County Office Building located at 304 S. Morgan Street, Roxboro. Brenda B. Reaves, NCCCC, CMC Clerk to the Board 4 PERSON COUNTY BOARD OF COUNTY COMMISSIONERS   PUBLIC HEARING NOTICE      The Person County Board of County Commissioners will hold a public hearing on Tuesday, September  6, 2016 at 9:00 a.m. in Room 215 of the Person County Office Building at 304 South Morgan Street,  Roxboro, North Carolina to hear the following:    1. Request for a text amendment to Section 75, Table of Permitted Uses, pertaining to Industrial  Uses.  2. Request for a text amendment to Appendix B, Definitions, to include light industrial and heavy  industrial.  3. Request for a text amendment to Appendix C, Table of permitted uses to include light and  heavy Industrial.  Citizens will have an opportunity to speak regarding the above requests.  Site‐specific information is on file with the Person County Planning and Zoning Department, 325 S.  Morgan Street, Suite B.  Additional zoning information may also be found on our website: www.personcounty.net/planning.     Ad dates: August 20 and August 27, 2016        Mike Ciriello, Planning Director                            5 AGENDA ABSTRACT Meeting Date: September 6, 2016 Agenda Title: Text Amendments to Zoning Ordinance Background: The Person County Department of Planning and Zoning is charged with the maintenance and enforcement of the Person County Land Use and Zoning Ordinance. This responsibility includes ensuring that the document is reviewed and updated for errors, outdated material, NC General Assembly mandated legislative changes, and to improve the ability of the document to serve and protect the general public’s health, safety and welfare. The most common concerns about the county’s land use rules are that the standards, definitions, and use tables are difficult to read and understand. Concerns have also been raised about uses allowed in areas of the County that residents assume are intended for “rural” and/or “residential” uses. While the “Residential” (R) zoning district was delineated for, and is written to accommodate, “residential” uses almost exclusively; the same may not be said for the “rural conservation” (RC) district. The RC district is the least restrictive zoning district in the County. This means that almost any use is allowed and there are no standards in place to provide physical buffers between uses that are frequently incompatible. For example, commercial junkyards are allowed next to single-family residential. In all cases, the impact on access, property values, safety and health concerns, of a use and the design of the site should be carefully considered in our rules. The amendments submitted with this abstract are related to the land use and design standards for industrial uses in the County. These changes emerged from discussions with the County’s economic development and industrial recruitment staff and local industry leaders. The goal of these changes is to make the process easier to implement for the consumer by generalizing and clarifying the definition of industrial uses. Basically, modern “industrial” uses like precision manufacturing, are allowed in any zoning district, except Residential (R), without the need for a special use permit. Taken into account are issues related to the adjacency of inharmonious uses and concerns expressed by land owners in the Rural Conservation (RC) district. Planning and economic development staff and the Planning Board agree that these may be mitigated with physical buffers, including the retention of existing vegetation, while noise, odor and vibrations are mitigated by the distance separating industrial property structures from residential property. These standards are consistent with those in adjacent counties. The changes proposed are outlined below and reference the attachment. These may be approved as one or approved in parts. PART 1 (Pages 1 – 9): Amended Appendix B: Definitions. Includes the addition of definitions previously missing or required to support changes related to “Industrial Use”; PART 2 (Pages 10 – 14): Amended Appendix C: Table of Permitted Uses. Amended to remove individual “industrial uses” since these are now clustered into either “heavy” or, “light” industrial uses; PART 3 (Page 15 – 18): NOTE 2 Industrial and Manufacturing Operations. Note 2 is expanded to give examples of “heavy” or, “light” industrial uses and provides interpretative information for staff and consumers; PART 4 (Pages 19 – 24): Amendments to the Zoning Ordinances’ dimensional and design standards. 6 Summary of Information: The Person County Planning Board has voted unanimously to recommend approval of the changes presented to you. The Board of County Commissioners may elect to vote on these as a whole, or, vote on amendments separately as outlined above. Recommended Action: Vote to approve all, some, or none of the proposed amendments. Submitted By: Michael Ciriello, AICP Planning Director 7 1 | Page Revisions to Person County Zoning Ordinance for Light and Heavy Industrial Uses June 2016 APPENDIX B DEFINITIONS ACCESSORY BUILDING - An accessory building, structure or use is a building or structure or use on the same lot or site with, of a nature customarily incidental or subordinate to, and of a character related to the principal use or structure. 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) ACCESSORY USE - A subordinate use clearly incidental to the principal use of a zoning lot. (Def. Addition 1/11/96) 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) 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. BUFFER - Natural or vegetated area through which storm water 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) 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. 8 2 | Page Revisions to Person County Zoning Ordinance for Light and Heavy Industrial Uses June 2016 (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 Zoning Ordinance and any applicable construction codes, and that the same may be used for the purposes stated herein. 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) 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 ridge line 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 ridge line of the watershed (whichever comes first). DEVELOPMENT - Any land disturbing activity which adds to or changes the amount of impervious or partially imperious cover on a land area or which otherwise decreases the infiltration of perception into the soil. DISCHARGING LANDFILL - A landfill which discharges treated leachate and which requires a National Pollution Discharge Elimination System (NPDES) permit. (Amended 11/3/97) DOUBLE-FRONTAGE LOT - A lot with street frontage along two opposite boundaries. DU - A dwelling unit. DWELLING UNIT - A residential structure or that portion of a residential structure used or designed as a residence for one family. ERECT - To build, construct, rebuild, reconstruct as the same are commonly defined. 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. 9 3 | Page Revisions to Person County Zoning Ordinance for Light and Heavy Industrial Uses June 2016 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 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 – Nonresidential employment uses such as milling and manufacturing. “Industrial” Uses include both “Light” Industrial and “Heavy” Industrial Uses. For additional information, see Note 2 located after the Table of Permitted Uses. a) Light Industrial: The intent of this land use category is to provide for wholesale and warehousing uses as well as those industrial uses that include precision manufacturing, assembly or processing of materials that are in refined form and that do not in their transformation create smoke, gas, odor, dust, noise, 10 4 | Page Revisions to Person County Zoning Ordinance for Light and Heavy Industrial Uses June 2016 vibration of earth, soot or lighting to a degree that is offensive when measured at the property line of subject property. Noise levels shall not measure higher than 65 LDN (day-night sound level), if so, the use is considered a heavy industrial use or may be approved with a special use permit. b) Heavy Industry: A variety of uses that have public nuisance potential and, under the Zoning Ordinance, are subject to sensitive review for locational impact on surrounding land uses and the environment. Such uses are generally planned where residential development is otherwise undesirable or where noise levels higher than 65 LDN (day-night sound level) will not impact adjacent land uses or residents. These industries include such uses as metal fabrication and quarries, asphalt or concrete mixing plants, and commercial junkyards. 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. 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: (1) The relaxation, by a factor greater than ten (10) percent of any requirement under the low density option; (2) The relaxation, by a factor greater than five (5) percent, of any buffer, density or built-upon area requirement under the high density option; 11 5 | Page Revisions to Person County Zoning Ordinance for Light and Heavy Industrial Uses June 2016 (3) 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 (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: (1) The structure is made up of two or more sections designed to be installed or assembled into one unit at the building site; (2) 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 (3) 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) 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) 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) 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) 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) 12 6 | Page Revisions to Person County Zoning Ordinance for Light and Heavy Industrial Uses June 2016 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 Zoning Ordinance. (Added 6/3/2013) NONCONFORMING USE - A use of buildings or land that does not conform with the regulations of the district in which such building or land is situated but was lawful before adoption of this ordinance or the predecessor Person County Zoning Ordinance. 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 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: • Develop and recommend long-range development plans and policies • Advise the County Commissioners in matters pertaining to current physical development and zoning for the County's planning jurisdiction. 13 7 | Page Revisions to Person County Zoning Ordinance for Light and Heavy Industrial Uses June 2016 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 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) 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 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) 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) 14 8 | Page Revisions to Person County Zoning Ordinance for Light and Heavy Industrial Uses June 2016 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. 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. 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. (Amended 11/18/91) 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: 1. 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 storm water discharges of pollution area required; suitable of all Class C uses. 2. 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 storm water discharges of pollution area required; suitable for all Class C uses. 3. 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. 4. 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) 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) 15 9 | Page Revisions to Person County Zoning Ordinance for Light and Heavy Industrial Uses June 2016 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. 16 10 | Page Revisions to Person County Zoning Ordinance for Light and Heavy Industrial Uses June 2016 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; 2016) Industrial and manufacturing operations are allowed as a use by right or with a special use permit in any zoning district, except Residential (R). Please see NOTE 2 for additional information and standards. 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 74 for details in obtaining a Special Use Permit. OTHER 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 ZONING ORDINANCE AIRCRAFT EQUIPMENT, PARTS AND SUPPLIES (*SEE NOTE 5) X X* X AIRLINE TICKET AGENCY (*SEE NOTE 5) X X X* X AIRPORT OPERATIONS (SEE SECTION 92 AND NOTE 5) 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 C X X S X AMUSEMENT PARKS C X ANIMAL MEDICAL CARE (INCLUDING KENNEL OPERATIONS C X X ANTIQUE SHOPS C 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 AUTOMOBILE PARTS AND ACCESSORY SALES X X X AUTOMOBILE REPAIR AND/OR BODY WORK (EXCLUDING COMMERCIAL WRECKING, DISMANTLING OR STORAGE OF JUNKED VEHICLES) (amended 12/1/2008) X S AUTOMOBILE RENTALS AND LEASING (*SEE NOTE 5) X X X* X AUTOMOBILE SALES, NEW AND USED C 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 C X X 17 11 | Page Revisions to Person County Zoning Ordinance for Light and Heavy Industrial Uses June 2016 BICYCLE SALES AND REPAIR X X X BLACKSMITH C X BOATS AND ACCESSORIES, RETAIL SALES AND SERVICE C X X BOOKS AND PRINTED MATTER, DISTRIBUTION X X BOOK STORES X X X BOWLING ALLEY X X X 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) C X X* X CAMPER/RECREATIONAL PARK (Amended 8/2/2010) 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 C C C X CHEMICAL RETAIL SALES X X CHURCH, TEMPLES, SYNAGOGUES C C C S X CLINIC SERVICES, MEDICAL AND DENTAL C X X S X CLUB OR LODGE C C C X COAL SALES AND STORAGE (amended 12/1/2008) X S COLD STORAGE PLANT (amended 12/1/2008) X S COMMERCIAL MODULAR BUILDING (ADOPTED 5/5/97) X X X COMPUTER SALES, AND/OR PROGRAMMING SERVICES X X X CONSTRUCTION, TRADES (*BUILDING, HEATING, ELECTRICAL, PLUMBING, FIRE SPRINKLER AND OTHERS) (EXCLUDING OUTSIDE STORAGE OF EQUIPMENT OR SUPPLIES) *amended 11/19/2007 C 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 C X X X COUNTY GOVERNMENTAL FACILITY (ADOPTED 2/3/97) C X X X CURIO AND SOUVENIR SALES X X X DAY CARE CENTER C C C S X DRY CLEANING AND LAUNDRY X X X DWELLING, SINGLE-FAMILY X X X X DWELLING, TWO-FAMILY AND GARAGE APARTMENTS C C C X DWELLING, MULTIPLE-FAMILY (SEE SECTION 80) S S S X EATING OR DRINKING FACILITIES (amended 12/1/2008) X X S ELECTRICAL / ELECTRONIC EQUIPMENT AND SUPPLY SALES X X X EMPLOYMENT AGENCIES X X X EXPLOSIVE STORAGE AND DISTRIBUTION FACILITIES (AMENDED 5/18/92) S S EXTERMINATING SERVICE C X X FAMILY CARE HOME X X X X FARM MACHINERY SALES AND SERVICING C X X FARM SUPPLIES MERCHANDISING (EXCLUDING FARM MACHINERY) X X X FERTILIZER MANUFACTURE (amended 12/1/2008) S S FIRE STATION AND LAW ENFORCEMENT OPERATIONS C X X X X FLOOR COVERING SALES X X X FLOWER SHOP X X X 18 12 | Page Revisions to Person County Zoning Ordinance for Light and Heavy Industrial Uses June 2016 FUNERAL HOME C 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 C X X X GROCERY RETAIL X X X 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 C X X X HOME FOR THE AGED C C 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) C X S INDUSTRIAL SEE NOTE 2 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 C C X LANDSCAPE CONTRACTOR C X X LIBRARY C 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 PERMANET DWELLING (ADOPTED 5/5/97) SEE NOTE 7 MANUFACTURING SEE NOTE 2 MANUFACTURED HOME (INDIVIDUAL) FOR RESIDENTIAL OCCUPANCY-CLASS A (REV. 5/5/97) SEE NOTE 6 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 MANUFACTURE HOMES SUPPLIES AND EQUIPMENT SALES C X X MANUFACTURED HOMES UNDER THE HARDSHIP CLASS A, B AND C SEE NOTE 4 MARINAS X X X MOBILE HOME PARK BUT 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 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 C C C X OFFICE AND PROFESSIONAL OFFICE (ADOPTED 12/6/99) C X X X X 19 13 | Page Revisions to Person County Zoning Ordinance for Light and Heavy Industrial Uses June 2016 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) C C C S S PRIVATE RECREATION FACILITIES FOR PROFIT (AMENDED 5/18/92, 7/8/96) S S S S S PUBLIC RECREATIONS (SUCH AS COMMUNITY CANTER BUILDINGS, PARKS, MUSEUMS, PLAYGROUNDS, AND SIMILAR FACILITIES OPERATED ON A NONPROFIT BASIS) C C C X PUBLIC UTILITY STATION, BULK STATION OR SUBSTATIONS (amended 12/1/2008) C C C S S PUBLIC UTILITY WORKS, SHOPS OR STORAGE YARDS X QUARRY OPERATIONS S S RADIO OR TELEVISION STUDIO ACTIVITIES ONLY X X RADIO, TELEPHONE AND TV TRANSMITTING TOWER (SEE ARTICLE VII & IX) (AMENDED 11/6/95) (*SEE NOTE 9) S X X X S RAILROAD STATION OPERATIONS (amended 12/1/2008) C S S RAILROAD YARD OPERATIONS S X REAL ESTATE AGENCIES X X X RECEPTION CENTERS FOR RECYCLING C X X REDUCING SALON CARE X X X REPAIR, RENTAL AND/OR SERVICING OF ANY PRODUCT THE RETAIL SALE OF WHICH IS A USE-BY-RIGHT IN THE SAME DISTRICT AND NOT OTHERWISE LISTED HEREIN X X X REST HOMES C C C X RETAILING OR SERVICING OPERATIONS C 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) C C X X C 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, COAL BY PRODUCTS S C STORAGE, FLAMMABLE (amended 12/1/2008) C S C STORAGE, HAZARDOUS, TOXIC AND RADIOACTIVE WASTE NOT PERMITTED IN ANY DISTRICT STORAGE, HOUSEHOLD AND COMMERCIAL C X X STORAGE, OPEN (amended 5-4-01) C C S TAILORING (DRESSMAKING) X X X 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 C 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 20 14 | Page Revisions to Person County Zoning Ordinance for Light and Heavy Industrial Uses June 2016 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 WHOLESALE DISTRIBUTION OF BUILDING AND REMODELING PRODUCTS (REVISED 6/3/96) X X X X WHOLESALE SALES WITH OPERATIONS CONDUCTED AND MERCHANDISE STORED ENTIRELY WITHIN A BUILDING AND NOT OTHERWISE LISTED HEREIN X X X X 21 15 | Page Revisions to Person County Zoning Ordinance for Light and Heavy Industrial Uses June 2016 NOTE 2 – INDUSTRIAL AND MANUFACTURING OPERATIONS (Amended 3/18/96; 2016) Quarries and Mining are Not Included under Light or Heavy Industrial Uses TYPE OF INDUSTRIAL USE GENERAL DESCRIPTION, INTENT AND STANDARDS EXAMPLES OF USES Light Industrial (LI) Light industrial uses are prohibited in the Residential (R) District. Uses in this category are a use by right unless located within 250’ of a residential structure as measured from the outside wall of any structure closest to the property line, inclusive of easements and rights of way. Uses that include structures located within 250’ of an adjacent residential use may be approved with a special use permit. 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) Typical uses may include offices, research and development laboratories, light manufacturing including assembly. Support uses such as office supply stores, restaurants, and hotels/motels are also allowed. Offices and light manufacturing (secondary processing) are permitted as well as building materials storage and sales, self-storage, and contractors and construction yards and distribution of goods produced on site. 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 • Manufacturing, Assembly, Repair or Servicing of Light Industrial Goods and Products • Business or Consumer Machinery, Equipment, Products or By-Products, • Construction Storage, • Textile Manufacturing, • Commercial Bakery, • Crematorium, • Cold Storage Plant, • Coal Sales and Storage, • Equipment Rental, • Exterminator, • Janitorial / Building Maintenance Service, Maintenance Yard Facility, • Manufacture, Assembly and Repair of Precision Instruments Electrical / Electronics, Toys, Telecommunication Equipment, Computer Components, Solar and Wind Energy Components • Sheet Metal Shop, • Bottling, • Storage Area for Manufacturing Welding, Machine and Tool Repair, • Woodworking, Cabinet Making, and/or Furniture Manufacturing 22 16 | Page Revisions to Person County Zoning Ordinance for Light and Heavy Industrial Uses June 2016 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. 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) A special use permit shall be required for industrial uses not specifically permitted as a "Use-By-Right" in any district except Residential (R). 23 17 | Page Revisions to Person County Zoning Ordinance for Light and Heavy Industrial Uses June 2016 TYPE OF INDUSTRIAL USE GENERAL DESCRIPTION EXAMPLES OF USES Heavy Industrial (HI) Heavy industrial uses are prohibited in the Residential (R) district. Uses in this category would generally be consider a use by right unless the property line and/or operations and facilities are located within 2640’ of a residential structure in any zoning district or if located in the Rural Conservation district. 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 in the LI District, uses involving the primary processing of materials such as metal refining, plastics, pulp and paper, animal rendering, clay sand or gravel processing are permitted as of right. 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, • Animal Processing, Packing, Treatment and Storage Livestock Slaughtering, Processing of Food and Related Products • Production of Chemicals, Rubber, Leather, Clay, Bone, Plastic, Stone, Glass, Fertilizer • 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 • Commercial Wrecking, Junk or Salvage Yard 24 18 | Page Revisions to Person County Zoning Ordinance for Light and Heavy Industrial Uses June 2016 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. 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) A special use permit shall be required for industrial uses not specifically permitted as a "Use-By-Right" in any district except Residential (R). 25 19 | Page Revisions to Person County Zoning Ordinance for Light and Heavy Industrial Uses June 2016 SECTION 81 – SITE PLAN REQUIREMENTS For Commercial and Industrial Uses (Added 12/01/03) 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 Site Plan Specifications: 81-3 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 street, 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 ten feet for one-way traffic. 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 unites 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. 26 20 | Page Revisions to Person County Zoning Ordinance for Light and Heavy Industrial Uses June 2016 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). 27 21 | Page Revisions to Person County Zoning Ordinance for Light and Heavy Industrial Uses June 2016 ARTICLE XI SECTION 110 - OFF-STREET PARKING AND LOADING (Amended 3/8/99; 9/2/2008) (Added 8/4/2008) 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 28 22 | Page Revisions to Person County Zoning Ordinance for Light and Heavy Industrial Uses June 2016 SECTION 75 - TABLE OF DIMENSIONAL REQUIREMENTS (Amended 9/16/91, 2/1/93, 6/15/98, 1/07/02; 8/4/08; 2016) =================================== Applicable in R, B-1, B-2, GI, and RC Zoning Districts =================================== 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) All other road types (see note 2,5,6,7,8) 40* 40* 40* 40* 60 25* 25* 25* 25* Minimum Side Yard Requirement (See Note 1,2,6,7,8) 20 15 10 8 15 feet (see note #2) Minimum Side Yard Requirements (Corner Lots) When property abuts US or NC highway (See Note 4,6,8) All other road types (See Note 4,6,7) 40* 40* 40* 40* 60* 25* 25* 25* 25* Minimum Rear Yard (See note 4,5,6,7,8) 25 25 15 10 25 Minimum Rear Yard (Double Frontage Lots) *(See Note 3,6,7,8) 50* 50 35 25 25 Building Heights 50** 50** 50** 50** 50** 29 23 | Page Revisions to Person County Zoning Ordinance for Light and Heavy Industrial Uses June 2016 * 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, conveyers, flag poles, television and radio masts, aerials, and towers. 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 or 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 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. Unenclosed 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 8/4/2008) 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) 30 24 | Page Revisions to Person County Zoning Ordinance for Light and Heavy Industrial Uses June 2016 SECTION 76 - SETBACK REQUIREMENTS 76-1 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. 76-2 Setbacks shall be measured: 76-2.1 From the property line 76-2.2 From the road right of way 31 August 15, 2016 1 PERSON COUNTY BOARD OF COMMISSIONERS AUGUST 15, 2016 MEMBERS PRESENT OTHERS PRESENT David Newell, Sr. Heidi York, County Manager Tracey L. Kendrick Jimmy B. Clayton Brenda B. Reaves, Clerk to the Board Kyle W. Puryear B. Ray Jeffers The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, August 15, 2016 at 9:00am in the Commissioners’ meeting room in the Person County Office Building. Chairman Newell called the meeting to order. Vice Chairman Kendrick gave an invocation and Commissioner Jeffers led the group in the Pledge of Allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: Chairman Newell announced a Resolution of Appreciation for a county retiree should be removed from the agenda due to the recipient not being able to attend the meeting. A motion was made by Commissioner Puryear and carried 5-0 to remove the Resolution of Appreciation from the agenda and to approve the agenda as adjusted. PUBLIC HEARING: CONSIDER REVOLVING LOAN FUND PROGRAM APPLICATION REQUEST BY STRICKLAND & JONES FUNERAL HOME FOR A LOAN: A motion was made by Vice Chairman Kendrick and carried 5-0 to open the duly advertised public hearing to consider a Revolving Loan Fund Program Application request by Strickland and Jones Funeral Home for a loan. County Manager, Heidi York stated the County has received a Revolving Loan Fund Program application from Strickland and Jones Funeral Services, LLC requesting $50,000 to finance the purchase of furniture, fixtures and equipment for a new funeral home located on Durham Road (Hwy 501S) in Roxboro. Ms. York noted itemized invoices have been provided totaling $58,113 for the items that the proposed funding would be used to purchase. Ms. York noted as she reviewed the credit criteria demonstrating adequate cash flow and a willingness to pay past credit obligations that was provided, she partnered with a local financial institution for review of the loan application to determine the credit- worthiness of the applicants. The results illustrated that conventional financing for the purchase of furniture, fixtures and equipment would not exceed 60 months or 75% of the cost. Ms. York stated the Revolving Loan Fund Policy states that “loan terms are to be as short as possible and consistent with private lender standards.” Therefore Ms. York recommended limiting the term to 60 months and a loan amount to $43,584. 32 August 15, 2016 2 The Person County Revolving Loan Fund Program was established to support and promote economic development of small businesses in the County. Final approval of loan terms and of the loan shall be the responsibility of the Board of Commissioners. If approved, Ms. York stated the next steps was to complete and execute a security agreement for the collateral for the loan, promissory note and loan closing. Ms. York said the collateral would be the items that would be purchased using the loan proceeds as well as a secondary lien on the real property assets. Speaking in favor of the Revolving Loan Fund Program Application request by Strickland and Jones Funeral Home for a loan was: Mr. Robby Jones, one of the partners for Strickland and Jones Funeral Home, representing the applicants for the request for Revolving Loan Program funding stated he had documentation for eligible expenses that met the criteria of the program that far exceeded the $50,000 that was requested. Mr. Jones requested the Board’s consideration for the full requested amount of $50,000 as well as the loan term to be 120 months to assure the small business’ success. Commissioner Jeffers asked Mr. Jones if the services of the funeral home would be made available to all residents of the county to which Mr. Jones replied affirmatively. There were no individuals appearing before the Board to speak in opposition to Revolving Loan Fund Program Application request for funding by Strickland and Jones Funeral Home. A motion was made by Commissioner Puryear and carried 5-0 to close the public hearing to consider a Revolving Loan Fund Program Application request by Strickland and Jones Funeral Home for a loan. CONSIDERATION TO GRANT OR DENY REQUEST BY STRICKLAND & JONES FUNERAL HOME FOR A REVOLVING LOAN FUNDING: A motion was made by Commissioner Puryear to approve the Revolving Loan Fund Program application request by Strickland & Jones Funeral Home in the amount of $50,000 with a loan term of 120 months. Vice Chairman Kendrick requested Board consideration that once the Strickland and Jones Funeral Home loan application was complete, the Board determine the viability of the program by appropriating funding and to review the program’s term options and interest rates, before any other small business loan application was accepted and reviewed. Commissioner Puryear amended his motion to approve the Revolving Loan Fund Program application request by Strickland & Jones Funeral Home in the amount of $50,000 with a loan term of 120 months and to review the Revolving Loan Fund Program criteria prior to any other loan applications being considered. The amended motion passed by unanimous vote. 33 August 15, 2016 3 INFORMAL COMMENTS: The following individuals appeared before the Board to make informal comments: Ms. Frances Blalock of 1504 Surl Mt. Tirzah Road, Timberlake announced that PC PRIDE would co-sponsor with C&P Siding a campaign forum to be held at the Festival House on October 6, 2016 starting at 6:00pm. Ms. Blalock invited the three commissioners seeking reelection and noted she would invite commissioner candidates Gordon Powell and Donald Long. Ms. Blalock said each candidate would receive questions ahead of forum. Ms. Blalock asked the Board if the proposed Request for Proposals for county- wide convenience centers would put local businesses, i.e., Clayton & Hurdle, out of business. Ms. Blalock opined that convenience centers would cost huge sums of money to build and to man. Ms. Blalock said Person County’s trash was not the problem but the thousands of toxic tons coming across the Person County borders every day. Ms. Blalock asked that all revenues gained from the landfill be put into a special fund to take care of problems created for the citizens along US158. Ms. Blalock told Chairman Newell that holding a 9:00am public hearing related to the landfill was probably suggested by Republic to limit the number of people attending so she asked Chairman Newell to change the public hearing to a night meeting to allow working citizens a chance to be heard on this important issue. Ms. Blalock stated that PC PRIDE will have to take a stand if the Board makes an unacceptable decision. Ms. Blalock stated the county would be receiving a letter of intent to challenge from PC PRIDE’s attorney if the Board makes a pro-landfill decision. Ms. Betty Blalock of 144 Tirzah Ridge, Rougemont, and a property owner adjacent to the landfill stated three or four businesses will be affected with county convenience centers. Ms. Blalock was in possession of a record of a public hearing held in 1999 which stated many times that the landfill would only be open 20 years and that Republic had to abide by the contract. Ms. Blalock found out in Raleigh that Republic has bad thirteen infractions in the span of a couple of years and that they have been fined. Ms. Blalock noted only one private well has been tested and that the people in that area cannot afford to dig new wells. DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA: A motion was made by Commissioner Jeffers and carried 5-0 to approve the Consent Agenda with the following items: A. Approval of Minutes of July 18, 2016, B. Approval of Minutes of August 1, 2016, C. Budget Amendment #3, D. Home & Community Care Block Grant Final Revised County Funding Plan for FY2016 for the Person County Senior Center, E. Request from a Private Resident to Connect to the City Sewer, F. Mt. Tirzah Right of Entry Letter G. Tax Adjustments for the month of August 2016 a. Tax Releases, and b. NC Vehicle Tax System pending refunds 34 August 15, 2016 4 NEW BUSINESS: REQUEST FOR PROPOSALS FOR COUNTY-WIDE CONVENIENCE CENTERS: Chairman Newell stated it would be prudent for the Board to be educated on the options related to county-wide convenience centers. Vice Chairman Kendrick noted by constructing three more convenience centers plus the one already at located at the landfill would provide more opportunity for recycling. Vice Chairman Kendrick stated the responses from the Request for Proposals could include county-run centers, corporation or business run or the possibility to utilize Person Industries’ staff to run using revenue from the commodities to offset the operations costs. Commissioner Clayton stated support of having recycling jobs for individuals with disabilities and if the intent with the convenience centers would continue to fulfill that goal he would support however if the results were to favor closing the recycling center and/or Person Industries, he voiced opposition. Commissioner Clayton noted Chairman Newell had previously discussed the costs associated with the recycling center and this option could prove to be more costly. Commissioner Jeffers noted the lack of information for the agenda item which prevented him from comparing information with his counterparts in other counties. Chairman Newell suggested to direct staff to bring back a Request for Proposals to the Board with options related to county-wide convenience centers. Commissioner Puryear requested a study with cost factors using surrounding counties similar in size that have convenience centers, along with strategic locations for three convenience centers to be located within the four quadrants of the county. A motion was made by Commissioner Puryear and carried 3-2 to direct staff to bring back to the Board a study for a potential Request for Proposals listing options related to county-wide convenience centers including cost comparisons and fee structure using counties similar in size that have convenience centers, along with strategic locations for three convenience centers to be located within the four quadrants of the county. Assistant County Manager, Sybil Tate stated she would work with the county’s consultant, Smith Gardner, who has already done some research on convenience centers noting this study was within the scope of the contract. Chairman Newell, Vice Chairman Kendrick and Commissioner Puryear voted in support of the motion. Commissioners Clayton and Jeffers voted in opposition to the motion. 35 August 15, 2016 5 SOLID WASTE FRANCHISE PUBLIC ANNOUNCEMENT: County Manager, Heidi York stated the Board must order the publication of the public hearing notice for the proposed Solid Waste Franchise Ordinance. According to State law, the county must publish in the newspaper a public announcement giving a 30- day notice ahead of the public hearing pertaining to the proposed solid waste franchise ordinance. Ms. York added that in addition to the public hearing, two readings of the proposed Solid Waste Franchise Ordinance must be read at the Board’s regularly scheduled meetings. Ms. York presented the Board with the schedule of events for the proposed ordinance. A motion was made by Commissioner Puryear to order the publication of the public hearing notice for the proposed Solid Waste Franchise Ordinance to be held on September 19, 2016 at 9:00am at the Board’s regular scheduled Board meeting. A substitute motion was made by Commissioner Jeffers and carried 3-2 to order the publication of the public hearing notice for the proposed Solid Waste Franchise Ordinance to be held on September 19, 2016 at 7:00pm. Commissioner Jeffers noted he was not in favor of the public hearing but preferred working residents to have the opportunity to attend. Chairman Newell and Commissioners Clayton and Jeffers voted in support of the motion. Vice Chairman Kendrick and Commissioner Puryear voted in opposition to the motion. Commissioner Clayton stated for the record that he voted to move the public hearing from the morning to evening but that does not mean that he was in favor of the public hearing. A motion was made by Chairman Newell and carried 5-0 to set the location of the public hearing for the proposed Solid Waste Franchise Ordinance to be held in the Person County Office Building Auditorium at the set time of 7:00pm on September 19, 2016. Action Date Call for Public Hearing, BOC meeting August 15, 2016 9:00am  Advertise in local newspaper (30-day notice)  August 17, 2016 Public Hearing Date, BOC meeting September 19, 2016 9:00am  1st Reading, BOC meeting October 3, 2016 7:00pm 2nd Reading, BOC meeting October 17, 2016 9:00am  36 August 15, 2016 6 BROADBAND RFP: Assistant County Manager, Sybil Tate said by action of the Board at its August 1, 2016 meeting, the consultant was directed to proceed with a Request for Proposals (RFP) that included construction of county-owned fiber connecting the four public safety towers. Ms. Tate introduced Mr. Joe Freddoso to present to the Board a draft of the Broadband RFP for input with consideration to release the RFP on August 25, 2016. Mr. Freddoso stated Person County, led by its Commissioners, will act as the leader of the Person County Advanced Network (PCAN) initiative to bring fast, more reliable, higher value, scalable broadband service to Person County. PCAN includes affiliate organizations that have agreed to support the county’s effort to bring enhanced broadband service to the County. By issuing the RFP, Mr. Freddoso said Person County seeks to develop the next- generation broadband infrastructure needed to meet the technological needs of current and future businesses, public institutions, educations institutions, and local residents. Mr. Freddoso described the goals of this effort was 1) to reach underserved areas of the county with more and better broadband service, 2) to provide scalable broadband infrastructure along key business corridors in the County that will allow private sector service providers to offer enhanced services to business and consumers along these key economic development and relatively high density residential corridors and 3) to meet the broadband needs of the County and the City of Roxboro for the foreseeable future. Mr. Freddoso addressed inquiries from the Board related to federal grant funding to which he was very familiar. He said many times the grant funding assistance was driven by a private sector company that will come in and propose to provide services using the grant funding to assist in defraying their costs. Vice Chairman Kendrick asked for an option in the RFP for a design build where a company would design and install to potentially bundle services for a savings. Mr. Freddoso stated an option would be included in the RFP for vendors to respond with a design build and operate proposal. Vice Chairman Kendrick questioned right-of-way responsibility. Mr. Freddoso stated on county-owned property, the county would be responsible noting some of the routes coming off the major highways would require some negotiations with individual landowners. Vice Chairman Kendrick requested to have performance measures in the final contract. Mr. Freddoso noted the plans for moving forward was approximately 20% of the scoring and he suggested putting the timeline from the RFP proposal into the contract as well as penalties if not met. A motion was made by Vice Chairman Kendrick and carried 5-0 to issue the RFP as proposed with the additional changes as discussed. 37 August 15, 2016 7 BOARD AND COMMITTEE APPOINTMENTS: Clerk to the Board, Brenda Reaves presented citizen applications for consideration for appointment received for current vacancies on county boards and committees. - Animal Services Advisory Committee Unspecified Term; A) Sheriff Jones requested a new representative for Person County Sheriff’s Department: Benjamin D. Massey, Deputy Sheriff/K-9 Officer B) Animal Services Director, Ron Shaw requested Animal Services Officer, Bobby Mangum serve as the Animal Cruelty Investigator representative. - Workforce Development Board 2-Year Reappointment; 1 position available representing adult education, Debra Harlow, Dean, Adult Basic Skills Program at PCC requested reappointment. A motion was made by Commissioner Clayton and carried 5-0 to appoint Deputy Sheriff/K-9 Officer, Benjamin D. Massey as the Sheriff’s Office designated representative, and to appoint Animal Services Officer, Bobby Mangum as the Animal Cruelty Investigator representative on the Animal Services Advisory Committee, as well as to reappoint Debra Harlow to the Workforce Development Board representing adult education for a 2-year term. CHAIRMAN’S REPORT: Chairman Newell had no report. MANAGER’S REPORT: County Manager, Heidi York report the Economic Development Commission would be meeting on August 18, 2016 at 8:00am at the Tax Office Conference Room. COMMISSIONER REPORT/COMMENTS: Commissioner Clayton asked what information would be released to the public related to the Solid Waste public announcement. Chairman Newell stated the information was considered public record and asked the County Manager when the documents related to the public hearing would be available. County Manager, Heidi York stated the public hearing notice was ready and would appear as a legal ad in the newspaper on August 17, 2016. Chairman Newell asked Ms. York to share a copy of the details of the negotiations with both Ms. Frances Blalock and Ms. Betty Blalock. 38 August 15, 2016 8 Commissioner Jeffers reported the County has over 94 children in foster care noting the need for individuals to apply at the Department of Social Services to assist in fostering children. Commissioner Jeffers stated an increase in substance abuse cases and child protection services cases. Commissioner Puryear had no report. Vice Chairman Kendrick announced a two upcoming forums on Aging, both to the held at the Senior Center. The first forum will be held on August 16, 2016 at 10:30am and the second forum will be held on September 22, 2016 at 6:00pm. Person County Senior Center Director, Maynell Harper noted the forums are a part of the 5-year aging services plan for the County in coordination with the Kerr Tar Area Agency on Aging. CLOSED SESSION #1 A motion was made by Commissioner Puryear and carried 5-0 to enter Closed Session per General Statute 143-318.11(a)(5) at 10:00am for the purpose to consider the acquisition or lease of real property with the following individuals permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves and Person County Senior Center Director, Maynell Harper. Chairman Newell called the Closed Session to order at 10:04am. A motion was made by Vice Chairman Kendrick and carried 5-0 to return to open session at 10:31am. ADJOURNMENT: A motion was made by Vice Chairman Kendrick and carried 5-0 to adjourn the meeting at 10:31am. _____________________________ ______________________________ Brenda B. Reaves David Newell, Sr. Clerk to the Board Chairman (Draft Board minutes are subject to Board approval). 39 9/6/2016 Dept./Acct No.Department Name Amount Incr / (Decr) EXPENDITURES General Fund General Government 187,055 Public Safety 207,648 Transportation 29,522 Economic and Physical Development 2,928 Environmental Protection 675 Human Services 45,025 Culture and Recreation 6,893 Transfer to Other Funds 4,950 Contingency (309,838) REVENUES General Fund Intergovernmental Revenues 136,428 Other Revenues 26,500 Fund Balance Appropriation 11,930 EXPENDITURES Person Industries & MRF Fund Community Rehab Prog Services 3,600 Material Recovery Facility 1,350 REVENUES Person Industries & MRF Fund Transfer from General Fund 4,950 Explanation: BUDGET AMENDMENT Transfer from Contingency/Insurance (-$139,838) the annual cost of vehicle insurance coverage ($139,838); transfer contingency funds (-$170,000) to cover property and liability insurance paid out of Human Resources Department ($170,000); appropriate donations received for Drug Court ($25,000) and VIP ($1,000); received donation for the Public Library ($500), record 2015 ($11,296) and 2016 ($12,564) Bulletproof Vest Grants that are 50% locally matched from the LEC Restricted Fund, received a new 100% funded 2016 Governor's Crime Commission Grant for the purchase of public safety equipment ($24,498), appropriate estimated revenues and expenditures associated with the LEC Restricted Fund ($100,000); BA‐440 9/6/2016 Dept./Acct No.Department Name Amount Incr / (Decr) EXPENDITURES General Fund General Government (12,737) Public Safety 25,035 Economic and Physical Development 4,530 Environmental Protection 15,987 Education 198,975 Transportation 180,700 Cultural & Recreation 39,588 Human Services 351,326 REVENUES General Fund Intergovernmental 197,475 Fund Balance Appropriated 605,929 EXPENDITURES Emergency Telephone System Fund 4,224 REVENUES Emergency Telephone System Fund Fund Balance Appropriated 4,224 Explanation: BUDGET AMENDMENT Carryforward of purchase orders and commitments outstanding as of June 30, 2016. Fund balance appropriation for the General Fund for outstanding commitments is higher in the General Fund by $99,766 than what was carried forward in FY 2016. This is primarily due to larger number of projects at fiscal year end that were incomplete. 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GOODYEAR TIRE & RUBBER COMPAN100‐4310‐435300‐25‐2,000.00 567.58 1,432.42 20160710 26763 D & E DISTRIBUTING 100‐4370‐421200‐25‐1,900.00 0.00 1,900.00 20160641 15524 SHI INTERNATIONAL CORP 100‐4370‐446000‐25‐16,500.00 0.00 16,500.00 20150540 3129 R & S SPORTING GOODS 100‐4370‐454000‐25‐800.00 0.00 800.00 20160703 22610 WILLIAM MOORE III 100‐4530‐430000‐35‐5,200.00 0.00 5,200.00 20140632 24809 VACO RALEIGH, LLC 100‐4920‐430000‐40‐18,200.00 14,000.00 4,200.00 20160693 5273 MOVING SCREENS, INC.100‐6120‐420000‐55‐1,000.00 0.00 1,000.00 20160677 3386 SHERWIN WILLIAMS COMPANY 100‐6120‐435100‐55‐800.00 0.00 800.00 20160071 15853 D & W VAUGHAN 100‐6121‐425300‐55‐3,100.00 0.00 3,100.00 20160708 26280 SUNTRUST BANK 100‐6121‐431100‐55‐650.00 0.00 650.00 20140001 3631 TAYLOR PRINTING & OFFICE SUPP 100‐6122‐420000‐55‐1,122.30 646.67 475.63 20160684 22610 WILLIAM MOORE III 100‐6122‐430000‐55‐3,985.00 0.00 3,985.00 20160686 1793 JOSEPH N KIRBY 100‐6122‐430000‐55‐7,000.00 0.00 7,000.00 20160699 14513 ABSOLUTE SECURITY & LOCK, INC 100‐6122‐430000‐55‐5,000.00 0.00 5,000.00 20160497 16471 SUNTRUST BANKCARD N.A. 100‐6123‐435100‐55‐40.00 0.00 40.00 20160497 16471 SUNTRUST BANKCARD N.A. 100‐6123‐435100‐55‐250.00 0.00 250.00 20160497 16471 SUNTRUST BANKCARD N.A. 100‐6123‐435100‐55‐360.00 0.00 360.00 20160497 16471 SUNTRUST BANKCARD N.A. 100‐6123‐435100‐55‐300.00 0.00 300.00 20160497 16471 SUNTRUST BANKCARD N.A. 100‐6123‐435100‐55‐350.00 0.00 350.00 20160497 16471 SUNTRUST BANKCARD N.A. 100‐6123‐435100‐55‐800.00 0.00 800.00 20160681 11064 LOWE'S COMPANIES, INC. 100‐6123‐435100‐55‐1,000.00 695.95 304.05 20160694 8607 DATCO, LLC 100‐6123‐435100‐55‐500.00 0.00 500.00 20160714 440 BULLOCK LUMBER COMPANY, INC 100‐6123‐435100‐55‐1,000.00 627.65 372.35 20160736 15524 SHI INTERNATIONAL CORP 110‐4121‐425200‐20‐952.66 0.00 952.66 20160736 15524 SHI INTERNATIONAL CORP 110‐4121‐425200‐20‐2,191.46 0.00 2,191.46 20160736 15524 SHI INTERNATIONAL CORP 110‐4121‐425200‐20‐7,670.04 0.00 7,670.04 20160745 10068 DELL MARKETING L.P. C/O DELL 110‐4121‐446000‐20‐6,361.65 0.00 6,361.65 20160507 16471 SUNTRUST BANKCARD N.A. 120‐5110‐420000‐50‐798.00 0.00 798.00 20160620 26471 HEAT TRANSFER SOLUTIONS, INC 120‐5110‐430000‐50‐13,898.00 0.00 13,898.00 20160661 21083 NORTHWOODS CONSULTING PARTNE190‐5310‐419000‐50‐9,000.00 0.00 9,000.00 176,780.78 20160766 24613 BLUEALLY DIRECT, LLC 260‐4325‐446000‐25‐4,224.00 0.00 4,224.00 4,224.00 42 OTHER CARRYFORWARD COMMITMENTS (ie. Grants, Sschool Capital & Lottery Funds, Donations, etc.) Account # Balance CF Amount Comments 10090‐399991 38,697                                                   Fund Balance Appropriation 1004110‐426000 3,253                                                      Wellness funds 1004307‐420000 254                                                         ?? Not sure where this was generated 1004307‐420000 220                                                         Posted to VIP Grant ‐ E/C to VIP donations 1004307‐420000 400                                                         Kiwanis donation 2016 1004307‐420000 400                                                         Kiwanis Donation 2017 1004310‐428100 1,700                                                      Sheriff's Great Grant from JCPC 1004370‐428710 352                                                         EMS Walmart Grant 1004950‐420000 330                                                         Program Revenues to expenditure account 1004960‐449910 15,987                                                   SWCD state rollover funds 1005911‐462700 1,500                                                      School Capital Projects 1006121‐425300 4,300                                                      TDA‐Mayo funds (FY16 insurance proceeds) 1006123‐435100 10,001                                                   TDA‐Roxplex funds 12090‐399991 11,671                                                   Fund Balance Appropriation 1205110‐420000 5,185                                                      MRC Challenge 1205110‐420000 2,568                                                      NC Farm Bureau 1205110‐431100 1,203                                                      MRC Challenge 1205110‐437000 281                                                         MRC Challenge 1205110‐446000 2,434                                                      MRC Challenge 19090‐399991 266,657                                                 Fund Balance Appropriation 1905310‐426050 165,000                                                 Spec Supp/Serv‐Data Storage 1905310‐426070 1,481                                                      Spec/Supp/Serv/Disaster Expense 1905310‐435000 50,717                                                   Contracted Services ‐ Temp Staff 1905310‐435000 24,753                                                   Contracted Services ‐ Temp Staff 1905310‐446000 1,054                                                      Captial Outlay $750 to $4999 1905310‐455000 8,469                                                      Captial Outlay Equipment $5000 + 1905380‐506600 14,922                                                   Special Children Adopt. Fund 1905380‐526000 150                                                         Misc. General Assistance 1905380‐537000 111                                                         Foster Care Donations 10090‐399991 82,248                                                   FBA: CF for PATS & DSS vehicles‐‐State portion 1009820‐400005 82,248                                                   Transfer to Fleet Mgt Fund 10570‐390010 82,248                                                   Transfer from General Fund 1054125‐454000 13,827                                                   Capital Outlay‐Vehicles (undesignated) 1054125‐454000 (126,506)                                                Capital Outlay‐Vehicles (for PATS & DSS) 1059820‐400010 157,950                                                 Transfer to General Fund 10070‐390105 157,950                                                 Transfer from Fleet Mgt Fund 10090‐399991 17,550                                                   FBA: CF for PATS vans‐‐Local portion 1004521‐454000 175,500                                                 Capital Outlay‐Vehicles (PATS) 1059820‐400019 36,977                                                   Transfer to DSS Fund 19070‐390010 36,977                                                   Transfer from Fleet Mgt Fund 19090‐399991 12,325                                                   FBA: CF for DSS vehicles‐‐Local portion 1905310‐454000 49,302                                                   Capital Outlay‐Vehicles (DSS) 10060‐359130 197,475.00 Lottery Proceeds 1005911‐462800 197,475.00 School Lottery Projects 1005911‐462700 6,137                                                      Oak Lane Septic Bed 1005911‐462700 29,395                                                   Helena Access Road‐D&W Vaughn 1005911‐462700 1,500                                                      Helena Access Road‐Michael Brandon Surveying SCHOOL CAP 37,032                                                    1005911‐462800 65,369                                                   PCLA Roofing 1005911‐462800 40,000                                                   PHS Press Box 1005911‐462800 92,106                                                   Helena/Stories Creek‐Interior Painting SCHOOL LOTTERY 197,475                                                  43 44 AGENDA ABSTRACT      Meeting Date: September 6, 2016  Agenda Title: Proposed Road Re‐naming of the dead end segment of Providence Road  Summary Information:  Providence Rd has been split into two segments by the construction of Highway 501, now named Jim  Thorpe Hwy. The segment on the east of the new highway is approximately 800 ft long, serves two  homes, and provides access to a church and cemetery. The segment to the west of the new highway  has been realigned to connect with Thaxton Rd and remains a through street.  Due to this realignment, there are now duplicate addresses along both segments of Providence Rd,  which may jeopardize public health, safety, and general welfare as described in Ordinance  Regulating Addressing and Road Naming in Person County Article IV, Section 406B. Therefore, the  Person County Address Coordinator has determined that the dead end segment of Providence Rd on  the east side of the new highway should be renamed.  Certified mail was sent on July 29th, 2016 to affected property owners in attempt to solicit road  name suggestions. A time frame of 10 business days to respond was requested and no responses  have been received. Therefore, the Person County Address Coordinator has chosen the roadway  name of Providence Cemetery Court.  The Ordinance requires a public hearing prior to changing a road name and 10 days of advance  notice for the hearing.   Recommended Action:  Motion to approve or deny the roadway name of Providence Cemetery  Court, call for a public hearing to be set for October 3, 2016 at 7:00pm and to authorize publication  of the public hearing notice.  Submitted By:  Sallie Vaughn, GIS Manager  45 AGENDA ABSTRACT Meeting Date: September 6, 2016 Agenda Title: Tourism Development Authority Annual Report Summary of Information: The 2015-2016 Tourism Development Authority (TDA) Annual Report will include a summary of the financial position of TDA as well as the successes, activities, and promotions of the area. Recommended Action: Receive the report. Submitted By: Margaret McMann, Director  Person County Tourism Development Authority 46 AGENDA ABSTRACT Meeting Date: 09/06/2016 Agenda Title: Proposed New Environmental Health Fees- Engineered Option Permit Fees Summary of Information: Effective July 1, 2016, 15A NCAC 18A.1971 allows for an Engineered Option Permit (EOP) for onsite wastewater systems. Local health departments may assess a fee up to thirty percent of the current fees for the specific system type to cover the costs associated with the EOP. The Person County Board of Health approved the proposed new fees on August 22, 2016 and requests the Board of County Commissioners to approve the proposed fees. Recommended Action: Approve the proposed fee schedule effective 09/07/2016. Submitted By: Janet Clayton, Health Director 47 August 25, 2016 To: Person County Board of Commissioners From: Janet Clayton Health Director As of July 1, 2016, the rule, 15A NCAC 18A.1971, allows for an Engineered Option Permit for onsite wastewater systems. The rule also outlines the local health department’s responsibilities regarding the Engineered Option Permit. Section (k) of the rule is stated below: (k) LOCAL HEALTH DEPARTMENT RESPONSIBILITIES: The local health department (LHD) is responsible for the following activities related to the EOP system: 1) Perform a completeness review of the Notice of Intent to Construct to verify inclusion of information required by this Rule and indicate written verification of completeness determination; 2) Attend the post-construction conference to observe location of system components and start-up conditions; 3) Provide written confirmation of Authorization to Operate upon receipt of complete information required by this Rule; 4) File all EOP documentation consistent with current permit filing procedures at the local health department; 5) Submit a copy of the final Notice of Intent common form and written confirmation of Authorization to Operate to the Department; 6) Review the performance and operation reports submitted in accordance with Table V(b) of Rule .1961 of this Section; 7) Perform on-site compliance inspections of the wastewater system in accordance with Table V(a) of Rule .1961 of this Section; 8) Investigate EOP system complaints; 9) Issue a notice of violation for systems determined to be malfunctioning in accordance with Rule.1961(a) of this Section. The LHD shall direct the owner to contact the design professional engineer, project licensed soil scientist, licensed geologist, and contractor, as appropriate, for determination of the reason of the malfunction and development of a Notice of Intent to Construct for repairs; and 10) Require an owner receiving a notice of violation to pump and haul sewage in accordance with Rule .1961(m) of this Section. 48 As stated below, NCGS 130A-336.1(n) allows for the local health department to assess a fee for its work regarding the engineered option permit up to thirty percent of the total permit fees established. G.S. 130A-336.1(n) "Fees. – The local health department may assess a fee for the engineered option permit of up to thirty percent (30%) of the cumulative total of the fees the department has established to obtain an improvement permit, an authorization to construct, and an operations permit for wastewater systems under its jurisdiction. The fee shall only be used by the department in support of its work pursuant to this section to conduct site inspections; support the department's staff participation at post-construction conference meetings; and archive the engineered permit with the county register of deeds or other recordation of the wastewater system as required." In accordance with the North Carolina General Statute 130A-39(g), the Board of Health may establish new fees with the approval of the Board of Commissioners. On August 22, 2016, the Person County Board of Health approved the adoption of the Allowed EOP Fees as highlighted above. The Board of Health requests the approval of the proposed fees by the Board of Commissioners. If you have any questions, please contact me at 336-597-2204, ext. 2241. Thank you for your consideration. System Type Type II Type III Type IV Type V Improvement Permit $200 $200 $200 $200 Authorization to Construct $150 $300 $400 $500 Total Fees $350 $500 $600 $700 Allowed EOP Fee (30%) $105 $150 $180 $210 49 AGENDA ABSTRACT Meeting Date: Sept 6, 2016 Agenda Title: NCACC Legislative Goals process Background information: All counties are asked to participate in the NCACC’s legislative goals process. The goals submitted are used to craft the NCACC’s final Legislative Goals package, which guides the NCACC’s lobby efforts. Summary of Information: All goals must be submitted electronically via the NCACC website by Sept. 23, 2016. The goal submitted should also include either a resolution from the Board of Commissioners or a signed letter from the Chairman of the Board submitting the goal on behalf of the entire board. Recommended Action: Direct staff to submit goals Submitted By: Sybil Tate, Asst. County Manager 50 AGENDA ABSTRACT Meeting Date: September 6, 2016 Agenda Title: Boards and Committees Appointments Summary of Information: Attached are citizen applications for consideration for appointment received for current vacancies on county boards and committees. - Home Health and Hospice Advisory Committee 3-Year Term; a representative of the Hospital 1) Amber Ellixson, Person Memorial Hospital Quality Director requests appointment. - Juvenile Crime Prevention Council Sheriff Jones requests a new representative for Person County Sheriff’s Department: Sgt. Cheryl Hughes will replace Deputy Mark Sharlow to fulfill term to 12/31/17. - Kerr Tar Regional Council of Government Board 1 position as well as 2 alternates for citizens-at-large with an affiliation to represent the private sector business, minority or the retired community for an unspecified term. 1) Connee C., White requests appointment Recommended Action: Board nomination for appointment as deemed appropriate. Submitted By: Brenda B. Reaves, Clerk to the Board 51 52 53 54