2021-05-03 Planning Ordinance1
PERSON COUNTY
PLANNING ORDINANCE
PERSON COUNTY, NORTH CAROLINA
v. May 3, 2021
ADOPTED BY THE PERSON COUNTY BOARD OF COUNTY COMMISSIONERS ON MAY 20, 1991 & RE-ADOPTED IN
ITS ENTIRETY ON DECEMBER 6, 1993, TO INCORPORATE WATERSHED PROTECTION PROVISIONS
AMENDED: AMENDED:
(1) July 11, 1994 (51) February 2014 (Definition of Professional Office)
(2) September 7, 1994 (52) July 2014 (Stormwater Amendment)
(3) May 15, 1995 (53) April 2015 (Remove Wireless Telecommunications Facilities)
(4) November 6, 1995 (54) September 6 2016 (Revise Table of Permitted Uses; Dimensional Requirements)
(5) January 11, 1996 (55) October 2, 2017 (Revise Table of Uses to add distillery, brewery and solar energy systems; add
(6) February 19, 1996 definitions for those uses)
(7) March 18, 1996 (56) September 9 2019 (Revise Table of Uses to add Event Center; Add definition for Event Center)
(8) June 3, 1996 (57) January 06, 2020 (Article VII, X, XIII, XIV, and Appendix B, including renumbering and
(9) July 8, 1996 definitions)
(10) August 5, 1996 (58) October 5, 2020 (Note 2 and 10; Remove solar energy system regulations)
(11) February 3, 1997 (59) November 16, 2020 (Amend Ind. requirements Section 70, Appendix B, Appendix C, Note 2)
(12) March 17, 1997 (60) November 16, 2020 (Accessory structure req. Section 60, Appendix B Definitions)
(13) May 5, 1997 (61) January 4, 2021 (Article VIII Section 81 Ingress and egress width)
(14) July 7, 1997 (62) May 3, 2021 (160D Legislative Changes: All Articles and renumbering)
(15) November 3, 1997
(16) June 15, 1998
(17) February 1, 1999
(18) March 8, 1999
(19) December 6, 1999
(20) August 7, 2000
(21) May 7, 2001
(22) June 4, 2001
(23) July 2, 2001
(24) November 5, 2001
(25) January 7, 2002
(26) May 6, 2002
(27) July 22, 2002
(28) February 3, 2003
(29) August 4, 2003
(30) November 17, 2003
(31) December 1, 2003
(32) November 1, 2004
(33) February 21, 2005
(34) June 6, 2005
(35) August 1, 2005
(36) March 13, 2006
(37) November 19, 2007
(38) December 3, 2007
(39) August 4, 2008
(40) September 2, 2008
(41) November 3, 2008
(42) December 1, 2008
(43) December 7, 2009
(44) February 15, 2010
(45) August 2, 2010
(46) December 6, 2010
(47) February 7, 2011
(48) September 6, 2011
(49) July 15, 2012
(50) June 23, 2013 (Accessory Buildings)
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TABLE OF CONTENTS
ARTICLE PAGE
I AUTHORITY AND PURPOSE ...................................................................................... 4
II TITLE ............................................................................................................................. 4
III WATER SUPPLY WATERSHED PROTECTION REQUIREMENT (Section 30) ......... 5
Section 30.7 Cluster Residential Developments ............................................................. 10
Section 31 Falls Watershed Stormwater Ordinance ..................................................... 17
IV BONA-FIDE FARM USES ........................................................................................... 48
V ESTABLISHMENT OF DISTRICTS (Section 50) ........................................................ 49
VI APPLICATION OF DISTRICT REGULATIONS (Section 60) ..................................... 50
VII DISTRICT REGULATIONS (Section 70) .................................................................... 52
Section 71 Table of Permitted Uses……………………………………………………...52
Section 72 Table of Dimensional Requirements ............................................................. 53
Landscape Buffers ........................................................................................ 54
Section 73 Setback Requirements (Notes)… .................................................................. 55
Section 74 Cluster Development .................................................................................... 56
VIII PLANNED BUILDING GROUP REGULATIONS (Section 80) ................................... 58
Section 81 Commercial and Industrial Site Plan Requirements ...................................... 60
IX AIRPORT OVERLY DISTRICT REQUIREMENTS (Section 90) ................................ 62
X NONCONFORMING USES ......................................................................................... 65
XI OFF-STREET PARKING AND LOADING (Section 110) ............................................ 68
XII SIGNS ........................................................................................................................... 69
XIII ADMINISTRATIVE POWERS AND DUTIES (Section 140) ....................................... 76
Section 140 Administration…………………………………………………..…………..76
Section 141 Approvals and Compliance……………………………………………….....77
Section 142 Enforcement and Penalties…………………………………………………..79
XIV DEVELOPMENT APPLICATION REVIEW PROCEDURES (Section 150)…….…....81
Section 150 General………………………………………………………………….…..81
Section 151 Cond. Use Permits and Special Use Districts Approved Prior to X/X/21.…82
Section 152 Zoning Permits……………………………………………………………...82
Section 153 Amendments to the Zoning Map or Ordinances……………………………83
Section 154 CD-Rezonings………………………………………………………………85
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Section 155 Special Use Permits……………………………………………….…………88
Section 156 Development Agreement s…………………………………….……………..91
Section 157 Zoning Variances……………………………………………………………94
Section 158 Vested Rights………………………………………………………………..96
Section 159 Appeals………………………………………………………………………99
XV SEPARABILITY ......................................................................................................... 101
XVI EFFECTIVE DATE…………………………………………………………………….101
APPENDIX A - INTERPRETATION OF TERMS AND DEFINITIONS ............................... 102
APPENDIX B - DEFINITIONS .............................................................................................. 103
APPENDIX C - TABLE OF PERMITTED USES................................................................... 116
NOTES TO TABLE OF PERMITTED USES ......................................................................... 122
PERSON COUNTY DEPARTMENT OF PLANNING AND ZONING
Roxboro, NC 27573
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ARTICLE I
SECTION 10 - AUTHORITY AND ENACTMENT CLAUSE
(Amended 5/3/21)
In pursuance of authority conferred by Sections 107, 109, 409, 702, 704, 705, 903, and 908 of Chapter
160D of the General Statutes of North Carolina as amended; THE BOARD OF COUNTY
COMMISSIONERS OF PERSON COUNTY, NORTH CAROLINA DOES HEREBY ORDAIN AND
ENACT INTO LAW THE FOLLOWING ARTICLES AND SECTIONS.
SECTION 11 - PURPOSE
This ordinance is enacted to promote and to protect the health, safet y and welfare of the people within
the designated planning jurisdiction of Person County. It is the intention of the Board of County
Commissioners that the provisions of this ordinance will implement the purpose and intent of the
adopted development plans of the County by encouraging the most desirable use of the land for
residential, agricultural, commercial, industrial, conservation, public service, flood plain and drainage
purposes, and the most appropriate use and occupancy of buildings, and by promoting good land use
planning. This ordinance is enacted for the further purpose of 1) assuring clean, non-polluted drinking
water, 2) protection of all our watersheds, 3) controlling hazardous waste, 4) orderly, planned growth
vital to the economic future and livability of Person County, and 5) assuring adequate light and air.
ARTICLE II – TITLE
This ordinance shall be known and may be cited as The Person County Planning Ordinance.
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ARTICLE III
SECTION 30 - WATER SUPPLY WATERSHED PROTECTION REQUIREMENTS
(Amended 2/15/2010; 5/3/21)
30-1 INTENT
In 1989, the N.C. General Assembly ratified the Water Supply Protection Act mandating the
protection of all water supplies within the State. Subsequently, water supply rules were
adopted by the Environmental Management Commission in 1992 requiring local governments
to adopt and enforce local ordinances complying with minimum watershed protection
requirements.
These rules will be applied by Person County in accordance with the requirements of the North
Carolina Environmental Management Commission. (Amended 11/3/97)
In General, this will be accomplished by establishing Watershed Protection Overlay Districts
regulating land use, development density and built upon areas for lands located in a water
supply watershed within Person County's Planning Jurisdiction, as described herein; and in
conjunction with Federal, State Laws and Local Ordinances designed to protect water quality.
(Amended 11/3/97)
30-2 APPLICATION CRITERIA
The Watershed Protection Overlay Districts, as established in Section 30-4, overlay other
zoning districts established in Article VII, Section 70 of this Ordinance. As of January 1,
1994, the new use of land, or new structure within any Watershed Protection Overlay District
shall comply with the provisions of this Article as well as the use regulations applicable to the
underlying zoning district. Whenever standards of the underlying district differ from the
Watershed Protection Overlay District, the more restrictive provisions shall apply. (Amended
11/3/97)
30-3 EXEMPTIONS.
30-3(a) Single Family Lot. A deeded single family lot owned by an individual, established prior to
January 1, 1994, regardless of whether a vested right has been established, shall not be subject
to the restrictions of this Article. Nothing in this ordinance shall be construed to require the
recombination of nonconforming lots of record.
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30-3 EXEMPTIONS continued
30-3(b) Existing Development. Existing development is not subject to the requirements of this Article.
Existing developments include projects (structures, roads, etc.) that are built or at a
minimum have established a vested right under North Carolina Zoning Law as of December
31, 1993, based on at least one of the following criteria:
(1) Substantial expenditures of resources (time, labor, money) based on a good faith reliance
upon having received a local government approval to proceed; or
(2) Having an outstanding valid building permit in compliance with160D-102 and 100(d);
or, (Rev. 5/3/21)
(3) Meeting the court -created common law or constitutional standards of substantial
expenditure of resources (time, labor, or money) based on a good faith reliance upon
receiving valid approval from the Person County Board of Commissioners to proceed with
the project.
30-3(c) Redevelopment of Project Sites. An existing development, as defined in Article III, Section
30-3(b), may be redeveloped after a natural disturbance or as part of the project redevelopment
provided that the rebuilding activity does not have a net increase in the built -upon area.
A single-family residence, established prior to January 1, 1994, may be redeveloped without
any restrictions from Article III.
30-3(d) Expansions of Existing or New Development. Expansions to existing development or new
development are permitted as follows:
(1) Expansions to single-family residence built before January 1, 1994, are permitted without
any restrictions from Article III; and
(2) Expansions to all other structures classified as existing development must meet the
requirement of Article III, except, the built-upon area of the existing development is not
required to be included in the density calculations; and
(3) Expansions to structures other than existing development must meet the density
requirements for the entire project. For example, if the structure to be expanded is not
grandfathered as "existing development" but was built after December 31, 1993, then the
total project, including the existing built upon areas and expanded built upon areas, must
meet the requirements of Article III.
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30-4 ESTABLISHMENT OF WATERSHED OVERLAY DISTRICTS.
Eight (8) watershed protection overlay districts are hereby established, as listed in Table 30-
4(a) land delineated on the "Official Person County Watershed Map", as adopted as referenced
herein, for all lands within water supply watersheds of existing or potential drinking water
supplies. All districts have been classified by the Environmental Management Commission as
a WSII, WSIII, or WSIV water supply watershed. (Amended 11/3/97)
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TABLE 30-4(a): WATERSHED PROTECTION OVERLAY DISTRICTS
District Class Acreage General Location
Storys-Ca Storys Creek
Critical Area
WSII 1,837 One-half mile to the normal
pool elevation lake or to the
ridgeline which ever is less
Storys-Bw
Storys Creek
Balance of Watershed
WSII 4,654 The drainage basin of Storys
Creek which is located in
Person County
Knap-Bw
Knap o f Reeds Creek
Balance of Watershed
WSII 2,619 The portion of the drainage
basin of Knap Of Reeds
Creek (Lake Butner) which is
located in Person County
Little-Bw Little River
Balance of Watershed
WSII 74.00 The portion of the drainage
basin of Little River
Reservoir which is located in
Person County
Hyco -Ca South Hyco Creek
Critical Area
WSII 246.00 One-half mile upstream from
and draining to the intake
located in South Hyco Creek
Hyco -Bw South Hyco Creek
Balance of Watershed
WSII 21646.00 The portion of the drainage
basin, South Hyco Creek
which is located in Person
County
Flat -Bw Flat River
Balance of Watershed
WSIII 80074.00 The portion of the drainage
basin of the Flat River which
is located in Person County
Tar-Pa Tar River Protected Area
Watershed
WSIV 20117.00 The portion of the drainage
basin of the Tar River which
is located in Person County
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30-5 LAND USE RESTRICTIONS
All uses allowed in the underlying zoning districts are permitted except as stated in Table 30-5(a).
TABLE 30-5 (a): LAND USE RESTRICTIONS
District Restriction
Hyco-Ca
Storys-Ca
No New Landfills*
Hyco-Bw
Knap-Bw
Little-Bw
Flat-Bw
No New Discharging Landfill*
Tar-Pa
* In view of state regulations and in view of state requirements for a permit from the Division of Water Quality and the
Division of Solid Waste, the Person County Sludge Ordinance, which restricted the application of residuals, was
rescinded by the Person County Board of Health in September of 1997. (Amended 11/3/97)
30-6 DENSITY AND BUILT UPON LIMITS**
All structures not exempted by Section 30-3, shall comply with density or built upon requirements listed in
Table 30-6(a) or Table 30-6(b), as appropriate.
DISTRICT
TABLE 30-6(A)
RESIDENTIAL DEVELOPMENT
TABLE 30-6(B)
NONRESIDENTIAL DEVELOPMENT
Storys-Ca
Hyco-Ca
1 du/2 ac or 6% built upon area. Up to 6% built upon area.
Storys-Bw
Hyco-Bw
Knap-Bw
Little-Bw
1 du/1 ac or 12% built upon area
Up to 70% built upon area for all residential uses
other than single family provided minimize built
upon surface area, direct stormwater runoff away
from surface waters and incorporate best
management practices to minimize water quality
impacts in 10% of the watershed.
(amended 5/6/2002)
Up to 24% built upon area.
Up to 70% built upon area provided minimize built
upon surface area, direct stormwater runoff away
from surface waters and incorporate best
management practices to minimize water quality
impacts in 10% of the watershed.
(amended 5/6/2002)
Flat-Bw 1 du/.5 ac or 24% built upon area.
Up to 70% built upon area for all residential uses
other than single family provided minimize built
upon surface area, direct stormwater runoff away
from surface waters and incorporate best
management practices to minimize water quality
impacts in 10% of the watershed.
(amended 5/6/2002)
Up to 24% built upon area.
Up to 70% built upon area provided minimize built
upon surface area, direct stormwater runoff away
from surface waters and incorporate best
management practices to minimize water quality
impacts in 10% of the watershed. (amended
5/6/2002)
Tar-Pa 1 du/.5 ac or 24% built upon area.* 1 du/.33 ac or
36% built upon area allowed for projects without
curb/ gutter*.
Up to 24% built upon area*.
Up to 36% built upon area for project without curb
& gutter.
∗ Only new development activities that require an erosion and sedimentation plan under state law are required to meet
the provisions of this ordinance when located in wsiv watershed.
∗∗ refer to article vii, table 75-table of dimensional requirements and article iii, section 30-9.
(Amended 11/3/97; 5/6/2002)
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30-7 CLUSTER RESIDENTIAL DEVELOPMENTS (Amended 02/15/2010)
Cluster residential developments are permitted on a project by project basis in compliance with the
Subdivision Regulations of Person County provided that:
30-7(a) Project Density.
Overall project density does not exceed the requirements stated in this Article.
30-7(b) Minimum Lot Requirement.
Lots meet minimum requirements stated in Article VII, Table 75 of the Planning Ordinance.
30-7(c) Open Space.
The remainder of the tract shall remain in a vegetated or natural state. The owner or developer
shall provide, through legally enforceable means, for the perpetual preservation of land as
open space. Such mechanism shall be approved by the Zoning Administrator and may
include, but shall not be limited to the recording of restrictive covenants or deeding of open
space to the property owners' association. (Amended 11/3/97)
30-8 BUFFER AREAS
Buffers adjacent to perennial waters and public supply impoundments shall be provided as
follows:
30-8(a) Perennial Waters.
A minimum of a fifty (50) foot vegetative buffer, unless otherwise stated in this Article, shall
be provided along all perennial streams and waters, as shown on the most recent version of
U.S.G.S. 1:24,000 (7.5) scale topographic maps. The buffer shall be measured, as applicable,
from either the edge of both sides of the steam or landward from the normal pool elevation of
the perennial water. Projects that exceed the allowed built upon area shall provide a one
hundred (100) foot vegetative buffer along perennial waters.
Plats to contain the following language: “Written authorization from the North Carolina
Division of Water Quality may be required for activities that are proposed to occur within the
fifty-foot Neuse River Riparian buffer. Local program approvals do not authorize activities
within the riparian buffer”.
Whenever conflicts exist between Federal, State or Local laws, ordinance or rules, the more
restrictive provision shall apply.
(Amended 2/15/2010)
30-8(b) Public Water Supply Impoundments.
A minimum fifty (50) foot buffer, as measured from the normal pool elevation, is required for
all public water supply impoundments.
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30-8(c) Development within the Buffer area.
No new development is allowed within the buffer. Water dependent structures, other
structures, such as flag poles, signs and security lights which result in only diminutive increase
in impervious area and public projects such as road crossing and greenways may be allowed
where no practical alternative exists. These activities should minimize built upon surface
area, divert runoff away from surface waters and maximize the utilization of BMP's.
(Amended 11/3/97)
30-9 WASTE WATER AND SEWAGE DISPOSAL
All residential, commercial, and industrial waste water and sewage disposal shall be governed
by applicable NC General Statues.
30-10 ACTIVITIES WITHIN WATERSHED PROTECTION OVERLAY DISTRICTS.
All activities within a water supply watershed shall comply with North Carolina Rules
Governing Public Water Supplies, 15A NCAC 18B .1100, .1200 and .1500.
30-11 WATERSHED PROTECTION OVERLAY DISTRICT BOUNDARY INTERPRETATION.
Where uncertainty exists as to the location of a Watershed Protection Overlay District
Boundary, interpretations shall be made in accordance to Article V, Sections 50-2(a), (b), (c),
and (d) of the Planning Ordinance. (Amended 11/3/97)
30-12 BEST MANAGEMENT PRACTICES (BMP) REQUIRED
.DISTRICT LAND USE
Storys-Ca
Hyco-Ca Agricultural1 , Forestry2 , Transportation3
Storys-Bw
Hyco-Bw
Knap-Bw
Little-Bw
Flat-Bw
Tar-Pa
Forestry2, Transportation3
1agricultural activities are subject to the provisions of the Food Security Act of 1985 and the Food, Agriculture,
Conservation a nd Trade Act of 1990. In critical areas, agricultural activities must maintain a 10' vegetated buffer
or equivalent control, a nd animal operations over 100 animal units must be bmp' s as determined by the Soil And
Water Conservation Commission
2silviculture activities are subject to the provisions of the forest practices guidelines regulated to water quality (15a
ncac 1i.0101-.0209) as NC Division of Forest Resources and existing environmental management commission
rules administered by the N.C. Division Of Water Quality. (amended 11/3/97)
3the department of transportation must use bmp's as described in their document 'best management practices for the
protection of surface waters' and in compliance with the Sedimentation Pollution Control Act of 1973.
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30-13 ADMINISTRATION.
30-13(A) Appeals
Decisions of the Zoning Administrator in the implementation of this Article may be
appealed to the Person County Board of Adjustment in accordance with Article XIV of
this Ordinance.
30-13(B) Variances (Amended 11/3/97)
(1) A request for a Minor Variance from the State Watershed Protection Rules shall
be reviewed by the Person Count y Board of Adjustment in accordance with
Article XIV of this Ordinance.
(a) In addition to the notification requirements stated in Article XIV, Section
143-2 of this Ordinance, the Zoning Administrator shall notify in writing
each local government having jurisdiction in the watershed of the
proposed minor variance. Said notice to include a description of the
variance being requested.
(b) Local governments receiving notice of the variance request may submit
comments to the Zoning Administrator prior to a decision by the Person
County Board of Adjustment.
(c) Before the Board of Adjustment may grant a minor variance, it shall
make the findings of fact required in Article XIV, Section 142-1 (b) or
(c).
(d) In accordance with Article XIV, Section 142-1(d) of this Ordinance, the
Board of Adjustment may prescribe appropriate conditions and
safeguards to ensure that substantial justice has been done and that the
public safety and welfare has been assured.
(e) Every decision of the Board of Adjustment shall be subject to review by
the Superior Court of Person County as stated in Article XIV, Section
144 of this Ordinance.
(f) Records of minor variance shall be forwarded to the Division of Water
Quality for each calendar year, on or before January 1st of the following
year.
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30-13(B) VARIANCES continued
(2) A request for a Major Variance from the State Watershed Protection Rules shall
be reviewed by the Board of Adjustment in the same manner as a minor variance;
and the request shall be referred to the North Carolina Environmental
Management Commission in accordance with the following procedures:
(a) If the Board of Adjustment decides in favor of granting the major
variance, the secretary to the Board of Adjustment shall prepare a
preliminary record of the hearing with all deliberate speed and send to
the Environmental Management Commission. The preliminary record
of the hearing shall include: the variance application; the hearing
notices; the evidence presented, motions, offers of proof, objections to
evidence, and rulings on them; proposed findings and exceptions; the
proposed decision, including all proposed conditions.
(b) If the Environmental Management Commission approves the major
variance as proposed, approves the major variance with additional
conditions, or denies the major variance, the Commission shall prepare a
decision and send it to the Board of Adjustment.
(c) The Board of Adjustment shall prepare a final decision in accordance
with the Environmental Management Commission’s decision.
30-14 DENSITY AVERAGING (added 8/4/03)
Density averaging involves the use of two noncontiguous parcels and is based on the idea that
the development plans for a pair of parcels can be submitted together and treated as a single
project for purposes of these regulations. The amount of development allowed for the paired
parcels taken together cannot exceed the amount of development that would be allowed if the
parcels were developed separately.
a) A Special Use Permit shall be obtained from the Board of Commissioners sitting as the
Watershed Review Board to ensure that both parcels considered together meet the
standards of the ordinance and that potential buyers have notice of how the watershed
regulations were applied to the parcel pair. Only buyers of both of the paired parcels
may submit the application for Special Use Permit. A site plan for both parcels must be
submitted and approved as part of the Special Use Permit. If such a permit is granted,
no change in the development proposal authorized for either parcel shall be made unless
the permit is amended. Upon issuance of such permit, one copy will be forwarded to the
Local Government Assistance Unit of the Division of Water Quality. Included wit h the
Special Use Permit will be a site plan, registered plats for both properties, a description
of both properties and documentation reflecting the development restrictions to the
parcel pair that will remain undeveloped.
b) Parcel pairs being submitted for approval under this provision shall be submitted for
development approval as a single unitary proposal.
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30-14 DENSITY AVERAGING
c) Sufficient information shall be submitted so that it may be determined that overall
density of the paired parcel averaged density development, calculated either by dwelling
units per acre or built-upon area, shall not exceed the density that would be allowed if
the parcels were developed separately. The parcel pair shall be preferably in the same
drainage area of the watershed. Parcels to be used in pairs may be located in the Balance
of Watershed, Protected or Critical Areas. However, if one of the parcels is located in
the Balance of Watershed or Critical Area and one is located in the Protected area, the
Critical Area parcel shall not be developed. Density Averaging is not allowed between
two parcels when both are in the Critical Area.
d) Buffers shall at a minimum meet the appropriate minimum statewide water supply
watershed protection requirements on both parcels in the parcel pair according to the
density of development occurring on each parcel.
e) Sufficient information shall be submitted so that it may be demonstrated that the parcels
are designed to:
1) Minimize stormwater runoff impact to the receiving waters by minimizing
concentrated stormwater flow;
2) Maximize the use of sheet flow through vegetated areas;
3) Minimize impervious surface areas;
4) Locate development away from surface waters and drainage ways to the
maximum extent practicable; and
5) Convey stormwater from developed areas by vegetated swales to the
maximum extent practical.
f) The undeveloped parcel(s) or portion(s) thereof shall remain in a vegetated or natural
condition and shall be placed in a permanent conservation easement granted under G.S.
121-35 to the County, a land conservation organization or other entity capable of
providing for the ongoing maintenance of the undeveloped property.
g) Applicants shall agree to bind themselves and their successors in title, individually and
collectively, to maintain the pattern of development proposed for so long as the
requirements of this section are applicable. Parties to enforcement of such agreement
shall include Person County. No such agreement shall be accepted without approval of
the County Attorney as to the legal sufficiency of the documents involved.
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30-14 DENSITY AVERAGING continued
h) Undeveloped land areas proposed for incorporation into the density or impervious
coverage area calculations shall meet the following criteria:
1) Projects in the Balance of Watershed or Protected Area may incorporate
undeveloped land elsewhere in the Balance of Watershed, Protected Area or
Critical Area. The amount of additional undeveloped acreage required shall be
determined by dividing the appropriate density or impervious coverage area
factor into the number of dwelling units or impervious coverage area in excess
of the amount permitted on the project site by these regulations to determine
the amount of other land to be reserved as undeveloped so that the overall
density or intensity of the project shall not exceed the density or intensity that
would be allowed if the parcels were developed separately.
2) (Deleted 08/04/2003)
3) Undeveloped land included to meet the requirements of one project shall not
be included as meeting the requirement of any existing or proposed project nor
shall any land included in a parcel pair for which a watershed variance has
been granted or would be required.
4) The preservation of undeveloped floodplain land, steep slopes, or other
environmentally sensitive lands within the Critical Area for this purpose is
encouraged. All such land shall be properly vegetated.
i) The Planning Board sitting as the Watershed Review Board shall make written findings
supported by appropriate calculations and documentation that the plan as a whole
conforms to the intent and requirements of this section, and that the proposed agreement
assures protection of the public interest and achievement of the objectives of this section.
j) At the time of the issuance of the Zoning Permit, the Special Use Permit and
conservation easement, shall be caused to be recorded by the Planning Director in the
office of the Register of Deeds and filed with the offices of the Planning Director,
Building Inspector and the City Clerk. Notations shall be made by the Planning Director
on the official Zoning Map and the approved development plans and or plats for future
guidance in administration and as a public record.
k) The pattern of development and the agreement between the owners shall not be changed
except by the issuance of a new or amended Special Use Permit in the manner herein
established.
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DEFINITIONS:
DEVELOPED PARCEL – Any parcel of a parcel pair that, under any approval granted under this part,
may be developed to a development density or intensity that exceeds the maximum development
density or intensity that would apply to the parcel if the paired-parcel averaged-density development
option were not available.
PAIRED PARCEL AVERAGED DENSITY DEVELOPMENT – A development proposal that
includes a parcel pair meeting the development standards of this Section and that qualifies for local
development approval under the density averaging provision of this ordinance.
UNDEVELOPED PARCEL – The parcel in a parcel pair that is not developed. (added 8/4/2003)
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PERSON COUNTY FALLS WATERSHED STORMWATER ORDINANCE FOR NEW
DEVELOPMENT
SECTION 31: GENERAL PROVISION
(ADDED JULY 15, 2012; Amended 5/3/21)
31-101 TITLE
This ordinance shall be officially known as “The Falls Watershed Stormwater
Ordinance for New Development.” It is referred to herein as “this ordinance.”
31-102 AUTHORITY
The Person County Board of County Commissioners is authorized to adopt this
ordinance pursuant to North Carolina law, including but not limited to Article 14,
Section 5 of the Constitution of North Carolina; North Carolina General Statutes
Chapter 143-214.7 and rules promulgated by the Environmental Management
Commission thereunder; Chapter 143-215.6A; Chapter 160D-925;Chapter 160A, §§
174and 185 and Chapter 143, Article 2 1, Part 6 (Floodway Regulation); [Chapter 143-
214.5, Water Supply Watershed Protection]; [Chapter 160D Planning and Regulation
of De velopment (Rev. 5/321).
31-103 FINDINGS
It is hereby determined that:
Development and redevelopment alter the hydrologic response of local watersheds and
increases stormwater runoff rates and volumes, flooding, soil erosion, stream channel
erosion, nonpoint and point source pollution, and sediment transport and deposition, as
well as reducing groundwater recharge;
These changes in stormwater runoff contribute to increased quantities of water-borne
pollutants and alterations in hydrology that are harmful to public health and safety as
well as to the natural environment; and,
These effects can be managed and minimized by applying proper design and well-
planned controls to manage stormwater runoff from development sites.
Further, the Commission has identified Falls of Neuse reservoir, a water supply
reservoir, as nutrient sensitive waters; has identified all or a portion of the reservoir as
impaired waters under the federal Clean Water Act due to exceedances of the
chlorophyll a standard; and has promulgated rules (the “Falls Rules”) to reduce the
average annual loads of nitrogen and phosphorus delivered to Falls Reservoir from all
point and nonpoint sources of these nutrients located within its watershed, including
stormwater from new development in this jurisdiction;
Therefore, the Person County Board of County Commissioner’s establishes this set of
water quality and quantity regulations to meet the requirements of state and federal law
regarding control of stormwater runoff and discharge for development .
31-104 PURPOSE
18
The purpose of this ordinance is to protect, maintain and enhance the public health,
safety, environment and general welfare by establishing minimum requirements and
procedures to control the adverse effects of nitrogen and phosphorus in stormwater
runoff and nonpoint and point source pollution associated with new development and
redevelopment in the watershed of Falls of Neuse reservoir. It has been determined that
proper management of construction-related and post -development stormwater runoff
will minimize damage to public and private property and infrastructure; safeguard the
public health, safety, and general welfare; and protect water and aquatic resources.
This ordinance seeks to meet its general purpose through the following specific
objectives and means:
1. Establishing decision-making processes for development that protects the
integrity of watersheds and preserve the health of water resources;
2. Requiring that new development and redevelopment maintain the pre-
development hydrologic response in their post-development state for the
applicable design storm to reduce flooding, streambank erosion, nonpoint and
point source pollution and increases in stream temperature, and to maintain the
integrity of stream channels and aquatic habitats;
3. Establishing minimum post-development stormwater management standards
and design criteria for the regulation and control of stormwater runoff quantity
and quality;
4. Establishing design and review criteria for the construction, function, and use of
structural stormwater BMPs that may be used to meet the minimum post-
development stormwater management standards;
5. Encouraging the use of better management and site design practices, such as the
use of vegetated conveyances for stormwater and the preservation of greenspace,
riparian buffers and other conservation areas to the maximum extent practicable;
6. Establishing provisions for the long-term responsibility for and maintenance of
structural and nonstructural stormwater BMPs to ensure that they continue to
function as designed, are maintained appropriately, and pose no threat to public
safety;
7. Establishing administrative procedures for the submission, review, approval and
disapproval of stormwater management plans, for t he inspection of approved
projects, and to assure appropriate long-term maintenance.
19
31-105 APPLICABILITY AND JURISDICTION
(A) General
Beginning with and subsequent to its effective date, this ordinance shall be
applicable to all development and redevelopment, including, but not limited to,
site plan applications, subdivision applications, and grading applications, unless
exempt pursuant to this ordinance.
(B) Exemptions
Single-family and duplex residential and recreational development and
redevelopment that cumulatively disturbs less than one-half acre and is not part
of a larger common plan of development or sale is exempt from the provisions
of this ordinance Commercial, industrial, institutional, multifamily residential or
local government development and redevelopment that cumulatively disturbs
less than 12,000 square feet and is not part of a larger common plan of
development or sale is exempt from the provisions of this ordinance.
Development and redevelopment that disturbs less than the above thresholds are
not exempt if such activities are part of a larger common plan of development
or sale and the larger common plan exceeds the relevant threshold, even though
multiple, separate or distinct activities take place at different times on different
schedules.
Development that is exempt from permit requirements of Section 404 of the
federal Clean Water Act as specified in 40 CFR 232 (primarily, ongoing farming
and forestry activities) are exempt from the provisions of this ordinance.
(C) No Development or Redevelopment Until Compliance and Permit
No development or redevelopment shall occur except in compliance with the
provisions of this ordinance or unless exempted. No development or
redevelopment for which a permit is required pursuant to this ordinance shall
occur except in compliance with the provisions, conditions, and limitations of
the permit.
(D) Map
The provisions of this ordinance shall apply within the areas designated on the
map titled "Fal ls Watershed Stormwater Map of Person County, North
Carolina" ("the Stormwater Map"), which is adopted simultaneously herewith.
The Stormwater Map and all explanatory matter contained thereon accompanies
and is hereby made a part of this ordinance. 3
The Stormwater Map shall be kept on file by the Stormwater Administrator and
shall be updated to take into account changes in the land area covered by this
ordinance and the geographic location of all engineered stormwater
20
31-105(D) Map continued
controls permitted under this ordinance. In the event of a dispute, the
applicability of this ordinance to a particular area of land or BMP shall be
determined by reference to the North Carolina Statutes, the North Carolina
Administrative Code, and local zoning and jurisdictional boundary ordinances.
31-106 INTERPRETATION
(A) Meaning and Intent
All provisions, terms, phrases, and expressions contained in this ordinance shall
be construed according to the general and specific purposes set forth in Section
104, Purpose. If a different or more specific meaning is given for a term defined
elsewhere in Person County Planning Ordinance, the meaning and application
of the term in this ordinance shall control for purposes of application of this
ordinance.
(B) Text Controls in Event of Conflict
In the event of a conflict or inconsistency between the text of this ordinance and
any heading, caption, figure, illustration, table, or map, the text shall control.
(C) Authority for Interpretation
The Stormwater Administrator has authority to determine the Interpretation of
this ordinance. Any person may request an interpretation by submitting a written
request to the Stormwater Administrator, who shall respond in writing within 30
days. The Stormwater Administrator shall keep on file a record of all written
interpretations of this ordinance.
(D) References to Statutes, Regulations, and Documents
Whenever reference is made to a resolution, ordinance, statute, regulation,
manual (including the Design Manual), or document, it shall be construed as a
reference to the most recent edition of such that has been finalized and published
with due provision for notice and comment, unless otherwise specifically stated.
(E) Computation of Time
The time in which an act is to be done shall be computed by excluding the first
day and including the last day. If a deadline or required date of action falls on a
Saturday, Sunday, or holiday observed by Person County, the deadline or
required date of action shall be the next day that is not a Saturday, Sunday or
holiday observed by Person County. References to days are calendar days
unless otherwise stated.
(F) Delegation of Authority
Any act authorized by this Ordinance to be carried out by the Stormwater
Administrator of Person County may be carried out by his or her designee.
21
31-106 INTERPRETATION continued
(G) Usage
(1) Mandatory and Discretionary Terms
The words “shall,” “must,” and “will” are mandatory in nature,
establishing an obligation or duty to comply with the particular provision.
The words “may” and “should” are permissive in nature.
(2) Conjunctions
Unless the context clearly indicates the contrary, conjunctions shall be
interpreted as follows: The word “and” indicates that all connected items,
conditions, provisions and events apply. The word “or” indicates that one
or more of the connected items, conditions, provisions or events apply.
(3) Tense, Plurals, and Gender
Words used in the present tense include the future tense. Words used in the
singular number include the plural number and the plural number includes
the singular number, unless the context of the particular usage clearly
indicates otherwise. Words used in the masculine gender include the
feminine gender, and vice versa.
(H) Measurement and Computation
Lot area refers to the amount of horizontal land area contained inside the lot lines
of a lot or site.
31-107 DESIGN MANUAL
(A) Reference to Design Manual
The Stormwater Administrator shall use the policy, criteria, and information,
including technical specifications and standards, in the Design Manual as the
basis for decisions about stormwater permits and about the design,
implementation and performance of engineered stormwater controls and other
practices for compliance with this ordinance.
The Design Manual includes a list of acceptable stormwater treatment practices,
including specific design criteria for each stormwater practice. Stormwater
treatment practices that are designed, constructed, and maintained in accordance
with these design and s izing criteria will be presumed to meet the minimum
water quality performance standards of the Falls Rules.
(B) Relationship of Design Manual to Other Laws and Regulations
If the specifications or guidelines of the Design Manual are more restrictive or
apply a higher standard than other laws or regulations, that fact shall not prevent
application of the specifications or guidelines in the Design Manual.
22
31-107 DESIGN MANUAL continued
(C) Changes to Standards and Specifications
If the standards, specifications, guidelines, policies, criteria, or other information
in the Design Manual are amended subsequent to the submittal of an application
for approval pursuant to this ordinance but prior to approval, the new
information shall control and shall be utilized in reviewing the application and
in implementing this ordinance with regard to the application.
31-108 RELATIONSHIP TO OTHER LAWS, REGULATIONS AND PRIVATE
AGREEMENTS
(A) Conflict of Laws
This ordinance is not intended to modify or repeal any other ordinance, rule,
regulation or other provision of law. The requirements of this ordinance are in
addition to the requirements of any other ordinance, rule, regulation or other
provision of law. Where any provision of this ordinance imposes restrictions
different from those imposed by any other ordinance, rule, regulation or other
provision of law, whichever provision is more restrictive or imposes higher
protective standards for human or environmental health, safety, and welfare shall
control.
(B) Private Agreements
This ordinance is not intended to revoke or repeal any easement, covenant, or
other private agreement. However, where the regulations of this ordinance are
more restrictive or impose higher standards or requirements than such an
easement, covenant, or other private agreement, the requirements of this
ordinance shall govern. Nothing in this ordinance shall modify or repeal any
private covenant or deed restriction, but such covenant or restriction shall not
legitimize any failure to comply with this ordinance. In no case shall Person
County be obligated to enforce the provisions of any easements, covenants, or
agreements between private parties.
31-109 SEVERABILITY
If the provisions of any section, subsection, paragraph, subdivision or clause of this
ordinance shall be adjudged invalid by a court of competent jurisdiction, such judgment
shall not affect or invalidate the remainder of any section, subsection, paragraph,
subdivision or clause of this ordinance.
23
31-110 EFFECTIVE DATE AND TRANSITIONAL PROVISIONS
(A) Effective Date
This Ordinance shall take effect on July 15, 2012.
(B) Final Approvals, Complete Applications
All development and redevelopment projects for which complete and full
applications were submitted and approved by Person County prior to the
effective date of this ordinance and which remain valid, unexpired, unrevoked
and not otherwise terminated at the time of development shall be exempt from
complying with all provisions of this ordinance dealing with the control and/or
management of stormwater.
A site specific vesting plan (formerly phased development plan shall be deemed
approved prior to the effective date of this ordinance if it has been approved by
all necessary government units, it remains valid, unexpired, unrevoked and not
otherwise terminated, and it shows:
1. For the initial or first phase of development or redevelopment, the type
and intensity of use for a specific parcel or parcels, including at a
minimum, the boundaries of the project and a subdivision plan that has
been approved.
2. For any subsequent phase of development or redevelopment, sufficient
detail so that implementation of the requirements of this ordinance to that
phase of development would require a material change in that phase of
the plan.
(C) Violations Continue
Any violation of provisions existing on the effective date of this ordinance shall
continue to be a violation under this ordinance and be subject to penalties and
enforcement under this ordinance unless the use, development, construction, or
other activity complies with the provisions of this ordinance.
24
SECTION 31-2: ADMINISTRATION AND PROCEDURES
31-201 REVIEW AND DECISION-MAKING ENTITIES
(A) Stormwater Administrator
(1) Designation
A Stormwater Administrator shall be designated by Person County
Board of County Commissioners to administer and enforce this
ordinance.
2) Powers and Duties
In addition to the powers and duties that may be conferred by other
provisions of Person County and other laws, the Stormwater
Administrator shall have the following powers and duties under this
ordinance:
a. To review and approve, approve with conditions, or disapprove
applications for approval of plans pursuant to this ordinance.
b. To make determinations and render interpretations of this
ordinance.
c. To establish application requirements and schedules for submittal
and review of applications and appeals, to review and make
recommendations to the Person County Board of County
Commissioners on applications for development or
redevelopment approvals.
d. To enforce the provisions of this ordinance in accordance with its
enforcement provisions.
e. To maintain records, maps, forms and other official materials as
relate to the adoption, amendment, enforcement, and
administration of this ordinance.
f. To provide expertise and technical assistance to the Person
County Board of County Commissioners and the Person County
Board of Adjustment upon request.
g. To designate appropriate other person(s) who shall carry out the
powers and duties of the Stormwater Administrator.
h. To take any other action necessary to administer the provisions
of this ordinance.
25
31-202 REVIEW PROCEDURES
(A) Permit Required; Must Apply for Permit
A stormwater permit is required for all development and redevelopment unless
exempt pursuant to this ordinance. A permit may only be issued subsequent to a
properly submitted and reviewed permit application, pursuant to this section.
(B) Effect of Permit
A stormwater permit shall govern the design, insta llation, and construction of
stormwater management and control practices on the site, including engineered
stormwater controls and elements of site design for stormwater management
other than engineered stormwater controls.
The permit is intended to provide a mechanism for the review, approval, and
inspection of the approach to be used for the management and control of
stormwater for the development or redevelopment site consistent with the
requirements of this ordinance, whether the approach consists of engineered
stormwater controls or other techniques such as low-impact or low-density
design. The permit does not continue in existence indefinitely after the
completion of the project; rather, compliance after project construction is
assured by the maintenance provisions of this ordinance.
(C) Authority to File Applications
All applications required pursuant to this Code shall be submitted to the
Stormwater Administrator by the land owner or the land owner’s duly authorized
agent.
(D) Establishment of Application Requirements, Schedule, and Fees
(1) Application Contents and Form
The Stormwater Administrator shall establish requirements for the
content and form of all applications and shall amend and update those
requirements from time to time. At a minimum, the stormwater permit
application shall describe in detail how post-development stormwater
runoff will be controlled and managed, the design of all stormwater
facilities and practices, and how the proposed project will meet the
requirements of this ordinance.
(2) Submission Schedule
The Stormwater Administrator shall establish a submission schedule for
applications. The schedule shall establish deadlines by which complete
applications must be submitted for the purpose of ensuring that there is
adequate time to review applications, and that the various stages in the
review process are accommodated.
26
31-202(D) (3) Permit Review Fees
The Person County Board of County Commissioners shall establish
permit review fees as well as policies regarding refund of any fees upon
withdrawal of an application, and may amend and update the fees and
policies from time to time.
(4) Administrative Manual
For applications required under this Code, the Stormwater Administrator
shall compile the application requirements, submission schedule, fee
schedule, a copy of this ordinance, and information on how and where to
obtain the Design Manual in an Administrative Manual, which shall be
made available to the public.
(E) Submittal of Complete Application
Applications shall be submitted to the Stormwater Administrator pursuant to the
application submittal schedule in the form established by the Stormwater
Administrator, along with the appropriate fee established pursuant to this
section.
An application shall be considered as timely submitted only when it contains all
elements of a complete application pursuant to this ordinance, along with the
appropriate fee. If the Stormwater Administrator finds that an application is
incomplete, the applicant shall be notified of the deficient elements and shall be
provided with an opportunity to submit a complete application. However, the
submittal of an incomplete application shall not suffice to meet a deadline
contained in the submission schedule established above.
(F) Review
The Stormwater Administrator shall review the application and determine
whether the application complies with the standards of this ordinance.]
(1) Approval
If the Stormwater Administrator finds that the application complies with
the standards of this ordinance, the Stormwater Administrator shall
approve the application. The Stormwater Administrator may impose
conditions of approval as needed to ensure compliance with this
ordinance. The conditions shall be included as part of the approval.
(2) Fails to Comply
If the Stormwater Administrator finds that the application fails to comply
with the standards of this ordinance, the Stormwater Administrator shall
notify the applicant and shall indicate how the application fails to
comply. The applicant shall have an opportunity to submit a revised
application.
27
31-202(F) (3) Revision and Subsequent Review
A complete revised application shall be reviewed by the Stormwater
Administrator after its re-submittal and shall be approved, approved with
conditions or disapproved.
If a revised application is not re-submitted within thirty (30) calendar
days from the date the applicant was notified, the application shall be
considered withdrawn, and a new submittal for the same or substantially
the same project shall be required along with the appropriate fee for a
new submittal.
One re-submittal of a revised application may be submitted without
payment of an additional permit review fee. Any re-submittal after the
first re-submittal shall be accompanied by a permit review fee additional
fee, as established pursuant to this ordinance.
31-203 APPLICATIONS FOR APPROVAL
(A) Concept Plan and Consultation Meeting
Before a stormwater management permit application is deemed complete, the
Stormwater Administrator or developer may request a consultation on a concept
plan for the post-construction stormwater management system to be utilized in
the proposed development project. This consultation meeting should take place
at the time of the preliminary plan of subdivision or other early step in the
development process. The purpose of this meeting is to discuss the stormwater
management measures necessary for the proposed project, as well as to discuss
and assess constraints, opportunities and potential approaches to stormwater
management designs before formal site design engineering is commenced. Local
watershed plans, and other relevant resource protection plans should be
consulted in the discussion of the concept plan.
To accomplish this goal, the following information should be included in the
concept plan, which should be submitted in advance of the meeting:
(1) Existing Conditions / Proposed Site Plans
Existing conditions and proposed site layout sketch plans, which
illustrate at a minimum: existing and proposed topography; perennial and
intermittent streams; mapping of predominant soils from soil surveys (if
available); stream and other buffers and features used in designing
buffers and meeting any applicable buffer requirements; boundaries of
existing predominant vegetation; proposed limits of clearing and
grading; and location of existing and proposed roads, buildings, parking
areas and other impervious surfaces.
28
31-203(A) continued
(2) Natural Resources Inventory
A written or graphic inventory of natural resources at the site and
surrounding area as it exists prior to the commencement of the project.
This description should include a discussion of soil conditions, forest
cover, geologic features, topography, wetlands, and native vegetative
areas on the site, as well as the location and boundaries of other natural
feature protection and conservation areas such as lakes, ponds,
floodplains, stream buffers and other setbacks (e.g., drinking water well
setbacks, septic setbacks, etc.). Particular attention should be paid to
environmentally sensitive features that provide particular opportunities
or constraints for development and stormwater management.
(3) Stormwater Management System Concept Plan
A written or graphic concept plan of the proposed post-development
stormwater management system including: preliminary selection and
location of proposed engineered stormwater controls; low-impact design
elements; location of existing and proposed conveyance systems such as
grass channels, swales, and storm drains; flow paths; location of
floodplain/floodway limits; relationship of site to upstream and
downstream properties and drainages; and preliminary location of any
proposed stream channel modifications, such as bridge or culvert
crossings.
(B) Stormwater Management Permit Application
The stormwater management permit application shall detail how post-
development stormwater runoff will be controlled and managed and how the
proposed project will meet the requirements of this ordinance, including Section
3, Standards. All such plans shall be prepared by a qualified registered North
Carolina professional engineer, surveyor, soil scientist or landscape architect,
and the engineer, surveyor, soil scientist or landscape architect shall perform
services only in their area of competence, and shall verify that the design of all
stormwater management facilities and practices meets the submittal
requirements for complete applications, that the designs and plans are sufficient
to comply wit h applicable standards and policies found in the Design Manual,
and that the designs and plans ensure compliance with this ordinance.
The submittal shall include all of the information required in the submittal
checklist established by the Stormwater Administrator. Incomplete submittals
shall be treated pursuant to Section 31-202(D).
29
31-203 APPLICATIONS FOR APPROVAL continued
(C) As-Built Plans and Final Approval
Upon completion of a project, and before a certificate of occupancy shall be
granted, the applicant shall certify that the completed project is in accordance
with the approved stormwater management plans and designs, and shall submit
actual “as-built” plans for all stormwater management facilities or practices after
final construction is completed.
The plans shall show the final design specifications for all stormwater
management facilities and practices and the field location, size, depth, and
planted vegetation of all measures, controls, and devices, as installed. The
designer of the stormwater management measures and plans shall certify, under
seal, that the as-built stormwater measures, controls, and devices are in
compliance with the approved stormwater management plans and designs and
with the requirements of this ordinance. A final inspection and approval by the
Stormwater Administrator shall occur before the release of any performance
securities.
(D) Other Permits
No certificate of compliance or occupancy shall be issued by the Person County
Department of Inspections without final as-built plans and a final inspection and
approval by the Stormwater Administrator, except where multiple units are
served by the stormwater practice or facilities, in which case the Person County
Building Inspections Department may elect to withhold a percentage of permits
or certificates of occupancy until as-built plans are submitted and final
inspection and approval has occurred.
31-204 APPROVALS
(A) Effect of Approval
Approval authorizes the applicant to go forward with only the specific plans and
activities authorized in the permit. The approval shall not be construed to exempt
the applicant from obtaining other applicable approvals from local, state, and
federal authorities.
(B) Time Limit/Expiration
An approved plan shall become null and void if the applicant fails to make
substantial progress on the site within one year after the date of approval. The
Stormwater Administrator may grant a single, one-year extension of this time
limit, for good cause shown, upon receiving a written request from the applicant
before the expiration of the approved plan.
In granting an extension, the Stormwater Administrator may require compliance
with standards adopted since the original application was submitted unless there
has been substantial reliance on the original permit and the change in standards
would infringe the applicant’s vested rights.
30
31-205 APPEALS
(A) Right of Appeal
Any aggrieved person affected by any decision, order, requirement, or
determination relating to the interpretation or application of this ordinance made
by the Stormwater Administrator, may file an appeal to the Board of Adjustment
within 30 days. Appeals of variance requests shall be made as provided in the
section on Variances. In the case of requests for review of proposed civil
penalties for violations of this ordinance, the Board of Adjustment shall make a
final decision on the request for review within 90 days of receipt of the date the
request for review is filed.
SECTION 31-3: STANDARDS
31-301 GENERAL STANDARDS
All development and redevelopment to which this ordinance applies shall comply with
the standards of this section. The approval of the stormwater permit shall require an
enforceable restriction on property usage that runs with the land, such as a recorded deed
restriction or protective covenants, to ensure that future development and redevelopment
maintains the site consistent with the approved project plans.
31-302 NITROGEN AND PHOSPHORUS LOADING
(a) Nitrogen and phosphorus loads contributed by the proposed new development
shall not exceed t he following unit -area mass loading rates: 2.2 and 0.33 pounds
per acre per year for nitrogen and phosphorus, respectively.
(b) Notwithstanding 15A NCAC 2B.104 (q), redevelopment subject to this
ordinance that would replace or expand existing structures or improvements and
would result in a net increase in built-upon area shall have the option of either
meeting the loading standards identified in subsection (a) or meeting a loading
rate that achieves the following nutrient loads compared to the existing
development: 40 percent and 77 percent reduction for nitrogen and phosphorus,
respectively.
(c) The developer shall determine the need for engineered stormwater controls to
meet these loading rate targets by using the approved accounting tool.
31-303 NITROGEN AND PHOSPHORUS STANDARD IS SUPPLEMENTAL
The nitrogen and phosphorus loading standards in this ordinance are supplemental to,
not replacements for, stormwater standards otherwise required by federal, state or local
law, including without limitation any riparian buffer requirements applicable to the
location of the development . This includes, without limitation, the riparian buffer
protection requirements of 15A NCAC 2B.0233 and .0242.
31
31-304 CONTROL AND TREATMENT OF RUNOFF VOLUME
Stormwater systems shall be designed to control and treat the runoff generated from all
surfaces by one inch of rainfall. The treatment volume shall be drawn down pursuant to
standards specific to each practice as provided in the Design Manual. To ensure that the
integrity and nutrient processing functions of receiving waters and associated riparian
buffers are not compromised by erosive flows, stormwater flows from the development
shall not contribute to degradation of waters of the State. At a minimum, the
development shall not result in a net increase in peak flow leaving the site from pre-
development conditions for the one-year, 24-hour storm event.
31-305 PARTIAL OFFSET OF NUTRIENT CONTROL REQUIREMENTS
Development subject to this ordinance shall attain nitrogen and pho sphorus loading rate
reductions on-site that meet the following criteria prior to using an offsite offset
measure:
30 percent or more reduction in both nitrogen and phosphorus loading from the
untreated conditions for any single-family, detached and duplex residential
development disturbing one half acre but less than one acre.
50 percent or more reduction in both nitrogen and phosphorus loading from the
untreated conditions for any single-family, detached and duplex residential
development disturbing more than one acre.
30 percent or more reduction in both nitrogen and phosphorus loading from the
untreated condition for other development, including multi-family residential,
commercial and industrial development disturbing 12,000 square feet but less
than one acre.
50 percent or more reduction in both nitrogen and phosphorus loading from the
untreated condition for other development, including multi-family residential,
commercial and industrial development disturbing more than one acre.
A developer subject to this ordinance may achieve the additional reductions in nitrogen
and phosphorus loading required by this ordinance by making offset payments to the
NC Ecosystem Enhancement Program contingent upon acceptance of payments by that
Program. A developer may use an offset option provided by (the local government in
which the development activity occurs). A developer may propose other offset
measures to Person County, including providing his or her own offsite offset or utilizing
a private seller. All offset measures permitted by this ordinance shall meet the
requirements of 15A NCAC 02B .0282 and 15A NCAC 02B .0240.
32
31-306 EVALUATION OF STANDARDS FOR STORMWATER CONTROL MEASURES
(A) Evaluation According to Contents of Design Manual
All stormwater control measures, stormwater systems and stormwater treatment
practices (also referred to as Best Management Practices, or BMPs) required
under this ordinance shall be evaluated by the Stormwater Administrator
according to the policies, criteria, and information, including technical
specifications and standards and the specific design criteria for each stormwater
practice, in the Design Manual. The Stormwater Administrator shall determine
whether proposed BMPs will be adequate to meet the requirements of this
ordinance.
(B) Determination of Adequacy; Presumptions and Alternatives
Stormwater treatment practices that are designed, constructed, and maintained
in accordance with the criteria and specifications in the Design Manual and the
approved accounting tool will be presumed to meet the minimum water quality
and quantity performance standards of this ordinance. Whenever an applicant
proposes to utilize a practice or practices not designed and constructed in
accordance with the criteria and specifications in the Design Manual, the
applicant shall have the burden of demonstrating that the practice(s) will satisfy
the minimum water quality and quantity performance standards of this
ordinance. The Stormwater Administrator may require the applicant to provide
the documentation, calculations, and examples necessary for the Stormwater
Administrator to determine whether such an affirmative showing is made.
31-307 DEDICATION OF BMPS, FACILITIES & IMPROVEMENTS
Person County may accept dedication of any existing or future stormwater management
facility for maintenance, provided such facility meets all the requirements of this
ordinance and includes adequate and perpetual access and sufficient area, by easement
or otherwise, for inspection and regular maintenance.
31-308 VARIANCES
(A) Any person may petition Person County for a variance granting permission to
use the person 's land in a manner otherwise prohibited by this ordinance. For all
proposed major and minor variances from the requirements of this ordinance,
the local Board of Adjustment shall make findings of fact showing that:
(1) there are practical difficulties or unnecessary hardships that prevent
compliance with the strict letter of the ordinance;
(2) the variance is in harmony with the general purpose and intent of the
local watershed protection ordinance and preserves its spirit; and
(3) in granting the variance, the public safety and welfare have been assured
and substantial justice has been done.
33
31-308 VARIANCES continued
(B) In the case of a request for a minor variance, Person County Board of
Adjustment may vary or modify any of the regulations or provisions of the
ordinance so that the spirit of the ordinance shall be observed, public safety and
welfare secured, and substantial justice done may impose reasonable and
appropriate conditions and safeguards upon any variance it grants.
(C) The Person County Board of Adjustment may attach conditions to the major or
minor variance approval that support the purpose of the local watershed
protection ordinance. If the variance request qualifies as a major variance, and
the Person County Board of Adjustment decides in favor of granting the major
variance, the Board shall then prepare a preliminary record of the hearing and
submit it to the Commission for review and approval. If the Commission
approves the major variance or approves with conditions or stipulations added,
then the Commission shall prepare a Commission decision which authorizes
Person County to issue a final decision which would include any conditions or
stipulations added by the Commission. If the Commission denies the major
variance, then the Commission shall prepare a decision to be sent to Person
County. Person County shall prepare a final decision denying the major
variance.
(D) Appeals from the local government decision on a major or minor variance
request are made on certiorari to the local Superior Court. Appeals from the
Commission decision on a major variance request are made on judicial review
to Superior Court.
(E) On request of the Stormwater Administrator, any person who petitions Person
County for a variance under this ordinance shall provide notice to the affected
local governments of the variance request as required under the Falls Rule, 15A
NCAC 2B.0104(r). For purposes of this notice requirement, “affected local
governments” means any local governments that withdraw water from Lake
Falls or its tributaries downstream of the site of the proposed variance. If the
proposed variance is in a Water Supply Watershed area classified as WS II, WS
III or WS IV, “affected local governments” also includes any other local
governments in the same water supply watershed as the proposed variance. The
notice shall provide a reasonable period for comments and shall direct the
comments to be sent to the Stormwater Administrator. The person petitioning
for the variance shall supply proof of notification in accordance with this
ordinance to the Stormwater Administrator.
34
SECTION 31-4: MAINTENANCE
31-401 GENERAL STANDARDS FOR MAINTENANCE
(A) Functio n of BMPs as Intended
The owner of each engineered stormwater control installed pursuant to this
ordinance shall maintain and operate it so as to preserve and continue its function
in controlling stormwater quality and quantity at the degree or amount of
function for which the engineered stormwater control was designed.
(B) Annual Maintenance Inspection and Report
The person responsible for maintenance of any engineered stormwater control
installed pursuant to this ordinance shall submit to the Stormwater Administrator
an inspection report from one of the following persons performing services only
in their area of competence: a qualified registered North Carolina professional
engineer, surveyor, landscape architect, soil scientist, aquatic biologist, or
person certified by the North Carolina Cooperative Extension Service for
stormwater treatment practice inspection and maintenance. The inspection report
shall contain all of the following:
(1) The name and address of the land owner ;
(2) The recorded book and page number of the lot of each engineered
stormwater control ;
(3) A statement that an inspection was made of all engineered stormwater
controls;
(4) The date the inspection was made;
(5) A statement that all inspected engineered stormwater controls are
performing properly and are in compliance with the terms and conditions
of the approved maintenance agreement required by this ordinance; and
(6) The original signature and seal of the engineer, surveyor, or landscape
architect.
All inspection reports shall be on forms supplied by the Stormwater
Administrator. An original inspection report shall be provided to the Stormwater
Administrator beginning one year from the date of as-built cert ification and each
year thereafter on or before the date of the as-built certification.
(C) Unmanned Public Utilities
The Stormwater Administrator may approve inspection requirements for
unmanned public utilities that are less stringent than those set out in t he Design
Manual, provided an annual inspection is conducted at least once per calendar
year and, after each 1-year, 24 -hour storm. An alternate inspection frequency
for unmanned public utilities may be approved to achieve the aims of the
stormwater ordinance and/or to protect health and safety. For the purposes
hereof, “public utility” shall be defined as set out in Article 1, Chapter 62 of the
North Carolina General Statutes. (Added July 2014)
35
31-402 OPERATION AND MAINTENANCE AGREEMENT
(A) In General
Prior to the conveyance or transfer of any lot or building site to be served by a
engineered stormwater control pursuant to this ordinance, and prior to issuance
of any permit for development requiring a engineered stormwater control
pursuant to this ordinance, the applicant or owner of the site must execute an
operation and maintenance agreement that shall be binding on all subsequent
owners of the site, portions of the site, and lots or parcels served by the
engineered stormwater control. Until the transference of all property, sites, or
lots served by the engineered stormwater control, the original owner or applicant
shall have primary responsibility for carrying out the provisions of the
maintenance agreement.
The operation and maintenance agreement shall require the owner or owners to
maintain, repair and, if necessary, reconstruct the engineered stormwater
control, and shall state the terms, conditions, and schedule of maintenance for
the engineered stormwater control. In addition, it shall grant to Person County
a right of entry in the event that the Stormwater Administrator has reason to
believe it has become necessary to inspect, monitor, maintain, repair, or
reconstruct the engineered stormwater control; however, in no case shall the
right of entry, of itself, confer an obligation on Person County to assume
responsibility for the engineered stormwater control.
The operation and maintenance agreement must be approved by the Stormwater
Administrator prior to plan approval, and it shall be referenced on the final plat
and shall be recorded with the county Register of Deeds upon final plat approval.
A copy of the recorded maintenance agreement shall be given to the Stormwater
Administrator within fourteen (14) days following its recordation.
(B) Special Requirement for Homeowners’ and Other Associations
For all engineered stormwater controls required pursuant to this ordinance and
that are to be or are owned and maintained by a homeowners’ association,
property owners’ association, or similar entity, the required operation and
maintenance agreement shall include all of the following provisions:
(1) Acknowledgment that the association shall continuously operate and
maintain the stormwater control and management facilities.
(2) Establishment of an escrow account, which can be spent solely for
sediment removal, structural, biological or vegetative replacement,
major repair, or reconstruction of the engineered stormwater controls. If
engineered stormwater controls are not performing adequately or as
intended or are not properly maintained, Person County, in its sole
discretion, may remedy the situation, and in such instances Person
County shall be fully reimbursed from the escrow account. Escrowed
funds may be spent by the association for sediment removal, structural,
biological or vegetative replacement, major repair, and reconstruction of
the engineered stormwater controls, provided that Person County shall
first consent to the expenditure.
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31-402(B) Special Requirement for Homeowners’ and Other Associations continued
(3) Both developer contribution and annual sinking funds shall fund the
escrow account. Prior to plat recordation or issuance of construction
permits, whichever shall first occur, the developer shall pay into the
escrow account an amount equal to fifteen (15) percent of the initial
construction cost of the engineered stormwater controls. Two -thirds
(2/3) of the total amount of sinking fund budget shall be deposited into
the escrow account within the first five (5) years and the full amount shall
be deposited within ten (10) years following initial construction of the
engineered stormwater controls. Funds shall be deposited each year into
the escrow account. A portion of the annual assessments of the
association shall include an allocation into the escrow account. Any
funds drawn down from the escrow account shall be replaced in
accordance with the schedule of anticipated work used to create the
sinking fund budget.
(4) The percent of developer contribution and lengths of time to fund the
escrow account may be varied by Person County depending on the design
and materials of the stormwater control and management facility.
(5) Granting to Person County a right of entry to inspect, monitor, maintain,
repair, and reconstruct engineered stormwater controls.
(6) Allowing Person County to recover from the association and its
member’s any and all costs Person County expends to maintain or repair
the engineered stormwater controls or to correct any operationa l
deficiencies. Failure to pay Person County all of its expended costs, after
forty-five days written notice, shall constitute a breach of the agreement.
In case of a deficiency, Person County shall thereafter be entitled to bring
an action against the association and its members to pay, or foreclose
upon the lien hereby authorized by the agreement against the property,
or both. Interest, collection costs, and attorney fees shall be added to the
recovery.
(7) A statement that this agreement shall not obligate Person County to
maintain or repair any engineered stormwater controls, and Person
County shall not be liable to any person for the condition or operation of
engineered stormwater controls.
(8) A statement that this agreement shall not in any way diminish, limit, or
restrict the right of Person County to enforce any of its ordinances as
authorized by law.
(9) A provision indemnifying and holding harmless Person County for any
costs and injuries arising from or related to the engineered stormwater
control, unless Person County has agreed in writing to assume the
maintenance responsibility for the BMP and has accepted dedication of
any and all rights necessary to carry out that maintenance.
37
31-403 INSPECTION PROGRAM
Inspections and inspection programs by Person County may be conducted or established
on any reasonable basis, including but not limited to routine inspections; random
inspections; inspections based upon complaints or other notice of possible violations;
and joint inspections with other agencies inspecting under environmental or safety laws.
Inspections may include, but are not limited to, reviewing maintenance and repair
records; sampling discharges, surface water, groundwater, and material or water in
BMPs; and evaluating the condition of BMPs.
If the owner or occupant of any property refuses to permit such inspection, the
Stormwater Administrator shall proceed to obtain an administrative search warrant
pursuant to G.S. 15-27.2 or its successor. No person shall obstruct, hamper or interfere
with the Stormwater Administrator while carrying out his or her official duties.
31-404 PERFORMANCE SECURITY FOR INSTALLATION AND MAINTENANCE
(A) May Be Required
Person County may, at its discretion, require the submittal of a performance
security or bond with surety, cash escrow, letter of credit or other acceptable
legal arrangement prior to issuance of a permit in order to ensure that the
engineered stormwater controls are:
(1) Installed by the permit holder as required by the approved stormwater
management plan, and/or
(2) Maintained by the owner as required by the operation and maintenance
agreement.
(B) Amount
(1) Installation
The amount of an installation performance security shall be the total
estimated construction cost of the BMPs approved under the permit, plus
25%.
(2) Maintenance
The amount of a maintenance performance security shall be the present
value of an annuity of perpetual duration based on a reasonable estimate
of the annual cost of inspection, operation and maintenance of the BMPs
approved under the permit, at a discount rate that reflects the
jurisdiction’s cost of borrowing minus a reasonable estimate of long-term
inflation.
38
31-404 PERFORMANCE SECURITY FOR INSTALLATION AND MAINTENANCE continued
(C) Uses of Performance Security
(1) Forfeiture Provisions
The performance security shall contain forfeiture provisions for failure,
after proper notice, to complete work within the time specified, or to
initiate or maintain any actions which may be required of the applicant
or owner in accordance with this ordinance, approvals issued pursuant to
this ordinance, or an operation and maintenance agreement established
pursuant to this ordinance.
(2) Default
Upon default of the owner to construct, maintain, repair and, if necessary,
reconstruct any engineered stormwater control in accordance with the
applicable permit or operation and maintenance agreement, the
Stormwater Administrator shall obtain and use all or any portion of the
security to make necessary improvements based on an engineering
estimate. Such expenditure of funds shall only be made after requesting
the owner to comply with the permit or maintenance agreement. In the
event of a default triggering the use of installation performance security,
Person County shall not return any of the unused deposited cash funds
or other security, which shall be retained for maintenance.
(3) Costs in Excess of Performance Security
If Person County takes action upon such failure by the applicant or
owner, Person County may collect from the applicant or owner the
difference between the amount of the reasonable cost of such action and
the amount of the security held, in addition to any other penalties or
damages due.
(4) Refund
Within sixty days of the final approval, the installation performance
security shall be refunded to the applicant or terminated, except any
amount attributable to the cost (plus 25%) of landscaping installation and
ongoing maintenance associated with the BMPs covered by the security.
Any such landscaping shall be inspected one (1) year after installation
with replacement for compliance with the approved plans and
specifications and, if in compliance, the portion of the financial security
attributable to landscaping shall be released.
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31-405 NOTICE TO OWNERS
(A) Deed Recordation and Indications on Plat
The applicable operations and maintenance agreement, conservation easement,
or dedication and acceptance into public maintenance (whichever is applicable)
pertaining to every engineered stormwater control shall be referenced on the
final plat and shall be recorded with the county Register of Deeds upon final plat
approval. If no subdivision plat is recorded for the site, then the operations and
maintenance agreement, conservation easement, or dedication and acceptance
into public maintenance, whichever is applicable shall be recorded with the
county Register of Deeds so as to appear in the chain of title of all subsequent
purchasers under generally accepted searching principles.
(B) Signage
Where appropriate in the determination of the Stormwater Administrator to
assure compliance with this ordinance, engineered stormwater controls shall be
posted with a conspicuous sign stating who is responsible for required
maintenance and annual inspection. The sign shall be maintained so as to remain
visible and legible.
31-406 RECORDS OF INSTALLATION AND MAINTENACE ACTIVITIES
The owner of each engineered stormwater control shall keep records of inspections,
maintenance, and repairs for at least five years from the date of creation of the record
and shall submit the same upon reasonable request to the Stormwater Administrator.
31-407 NUISANCE
The owner of each stormwater BMP, whether engineered stormwater control or non-
engineered stormwater control, shall maintain it so as not to create or result in a nuisance
condition.
31-408 MAINTENANCE EASEMENT
Every engineered stormwater control installed pursuant to this ordinance shall be made
accessible for adequate maintenance and repair by a maintenance easement. The
easement shall be recorded and its terms shall specify who may make use of the
easement and for what purposes.]
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SECTION 31-5: ENFORCEMENT AND VIOLATIONS
31-501 GENERAL
(A) Authority to Enforce
The provisions of this ordinance shall be enforced by the Stormwater
Administrator, his or her designee, or any authorized agent of Person County.
Whenever this section refers to the Stormwater Administrator, it includes his or
her designee as well as any authorized agent of Person County.
(B) Violation Unlawful
Any failure to comply with an applicable requirement, prohibition, standard, or
limitation imposed by this ordinance, or the terms or conditions of any permit or
other development approval or authorization granted pursuant to this ordinance,
is unlawful and shall constitute a violation of this ordinance.
(C) Each Day a Separate Offense
Each day that a violation continues shall constitute a separate and distinct
violation or offense.
(D) Responsible Persons/Entities
Any person who erects, constructs, reconstructs, alters (whether actively or
passively), or fails to erect, construct, reconstruct, alter, repair or maintain any
structure, BMP, engineered stormwater control, practice, or condition in
violation of this ordinance shall be subject to the remedies, penalties, and/or
enforcement actions in accordance with this section. Persons subject to the
remedies and penalties set forth herein may include any architect, engineer,
builder, contractor, developer, agency, or any other person who participates in,
assists, directs, creates, causes, or maintains a condition that results in or
constitutes a violation of this ordinance, or fails to take appropriate action, so
that a violation of this ordinance results or persists; or an owner, any tenant or
occupant, or any other person, who has control over, or responsibility for, the
use or development of the property on which the violation occurs.
For the purposes of this article, responsible person(s) shall include but not be
limited to:
(1) Person Maintaining Condition Resulting In or Constituting Violation
An architect, engineer, builder, contractor, developer, agency, or any
other person who participates in, assists, directs, creates, causes, or
maintains a condition that constitutes a violation of this ordinance, or
fails to take appropriate action, so that a violation of this ordinance
results or persists.
(2) Responsibility for Land or Use of Land
The owner of the land on which the violation occurs, any tenant or
occupant of the property, any person who is responsible for stormwater
controls or practices pursuant to a private agreement or public document,
or any person, who has control over, or responsibility for, the use or
development of the property.
41
31-502 REMEDIES AND PENALTIES
The remedies and penalties provided for violations of this ordinance, whether civil or
criminal, shall be cumulative and in addition to any other remedy provided by law, and
may be exercised in any order.
(A) Remedies
(1) Withholding of Certificate of Occupancy
The Stormwater Administrator or other authorized agent may refuse to
issue a certificate of occupancy for the building or other improvements
constructed or being constructed on the site and served by the stormwater
practices in question until the applicant or other responsible person has
taken the remedial measures set forth in the notice of violation or has
otherwise cured the violations described therein.
(2) Disapproval of Subsequent Permits and Development Approvals
As long as a violation of this ordinance continues and remains
uncorrected, the Stormwater Administrator or other authorized agent
may withhold, and the Planning Director may disapprove, any request
for permit or development approval or authorization provided for by this
ordinance or the (zo ning, subdivision, and/or building regulations, as
appropriate) for the land on which the violation occurs.
(3) Injunction, Abatements, etc.
The Stormwater Administrator, with the written authorization of the
County Manager may institute an action in a court of competent
jurisdiction for a mandatory or prohibitory injunction and order of
abatement to correct a violation of this ordinance. Any person violating
this ordinance shall be subject to the full range of equitable remedies
provided in the General Statutes or at common law.
(4) Correction as Public Health Nuisance, Costs as Lien, etc.
If the violation is deemed dangerous or prejudicial to the public health or
public safety and is within the geographic limits prescribed by North
Carolina G.S. §160A-193, the Stormwater Administrator, with the
written authorization of the County Manager may cause the violation to
be corrected and the costs to be assessed as a lien against the property.
(5) Stop Work Order
The Stormwater Administrator may issue a stop work order to the
person(s) violating this ordinance. The stop work order shall remain in
effect until the person has taken the remedial measures set forth in the
notice of violation or has otherwise cured the violation or violations
described therein. The stop work order may be withdrawn or modified to
enable the person to take the necessary remedial measures to cure such
violation or violations.
42
31-502 REMEDIES AND PENALTIES continued
(B) Civil Penalties
The Stormwater Administrator may assess a civil penalty against any person
who viola tes any provision of this ordinance or of a permit or other requirement
pursuant to this ordinance. Civil penalties may be assessed up to the full amount
of penalty authorized by G.S. 143-215.6A.
(C) Criminal Penalties
Violation of this ordinance may be enforced as a criminal matter under North
Carolina law.
31-503 PROCEDURES
(A) Initiation/Complaint
Whenever a violation of this ordinance occurs, or is alleged to have occurred,
any person may file a written complaint. Such complaint shall state fully the
alleged violation and the basis thereof, and shall be filed with the Stormwater
Administrator, who shall record the complaint. The complaint shall be
investigated promptly by the Stormwater Administrator.
(B) Inspection
The Stormwater Administrator shall have the authority, upon presentation of
proper credentials, to enter and inspect any land, building, structure, or premises
to ensure compliance with this ordinance.
(C) Notice of Violation and Order to Correct
When the Stormwater Administrator finds that any building, structure, or land is
in violation of this ordinance, the Stormwater Administrator shall notify, in
writing, the property owner or other person violating this ordinance. The
notification shall indicate the nature of the violation, contain the address or other
description of the site upon which the violation is occurring, order the necessary
action to abate the violation, and give a deadline for correcting the violation. If
civil penalties are to be assessed, the notice of violation shall also contain a
statement of the civil penalties to be assessed, the time of their accrual, and the
time within which they must be paid or be subject to collection as a debt.
The St ormwater Administrator may deliver the notice of violation and correction
order by any means authorized for the service of documents by Rule 4 of the
North Carolina Rules of Civil Procedure. If a violation is not corrected within a
reasonable period of time, as provided in the notification, the Stormwater
Administrator may take appropriate action under this ordinance to correct and
abate the violation and to ensure compliance with this ordinance.
43
31-503 PROCEDURES continued
(D) Extension of Time
A person who receives a notice of violation and correction order, or the owner
of the land on which the violation occurs, may submit to the Stormwater
Administrator a written request for an extension of time for correction of the
violation. On determining that the request includes enough information to show
that the violation cannot be corrected within the specified time limit for reasons
beyond the control of the person requesting the extension, the Stormwater
Administrator may extend the time limit as is reasonably necessary to allow
timely correction of the violation, up to, but not exceeding 60 days. The
Stormwater Administrator may grant a 30-day extension in addition to the
foregoing extension if the violation cannot be corrected within the permitted
time due to circumstances beyond the control of the person violating this
ordinance. The Stormwater Administrator may grant an extension only by
written notice of extension. The notice of extension shall state the date prior to
which correction must be made, after which the violator will be subject to the
penalties described in the notice of violation and correction order.
(E) Enforcement after Time to Correct
After the time has expired to correct a violation, including any extension(s) if
authorized by the Stormwater Administrator, the Stormwater Administrator shall
determine if the violation is corrected. The Stormwater Administrator may act
to impose one or more of the remedies and penalties authorized by this ordinance
whether or not the violation has been corrected.
(F) Emergency Enforcement
If delay in correcting a violation would seriously threaten the effective
enforcement of this ordinance or pose an immediate danger to the public health,
safety, or welfare, then the Stormwater Administrator may order the immediate
cessation of a violation. Any person so ordered shall cease any violation
immediately. The Stormwater Administrator may seek immediate enforcement,
without prior written notice, through any remedy or penalty authorized by this
article.
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SECTION 31-6: DEFINITIONS
31-601 TERMS DEFINED
When used in this Ordinance, the following words and terms shall have the meaning set
forth in this section, unless other provisions of this Ordinance specifically indicate
otherwise.
Approved accounting tool
The accounting tool for nutrient loading approved by the EMC for the relevant
geography and development type under review.
Built-upon area (BUA)
That portion of a development project that is covered by impervious or partially
impervious surface including, but not limited to, buildings; pavement and gravel areas
such as roads, parking lots, and paths; and recreation facilities such as tennis courts.
“Built -upon area” does not include a wooden slatted deck, the water area of a swimming
pool, or pervious or partially pervious paving material to the extent that the paving
material absorbs water or allows water to infiltrate through the paving material. The
project site or area must exclude any land adjacent to the area disturbed by the project
that has been counted as pervious by any other development regulated under a federal,
state or local stormwater regulation.
Commission
The North Carolina Environmental Management Commission, in the Department.
Department
The North Carolina Department of Environment and Natural Resources.
Design Manual
The stormwater design manual approved for use in this part of the Falls Watershed by
the Department for the proper implementation of the requirements of the Falls
Watershed stormwater program. All references herein to the Design Manual are to the
latest published edition or revision.
Development
Any land-disturbing activity that increases the amount of built-upon area or that
otherwise decreases the infiltration of precipitation into the soil.
45
Division
The Division of Water Quality in the Department.
Existing Development
Development not otherwise exempted by this ordinance that meets one of the following
criteria:
(a) It either is built or has established a statutory or common-law vested right
as of the effective date of this ordinance; or
(b) It occurs after the effective date of this ordinance, but does not result in
a net increase in built-upon area and does not decrease the infiltration of
precipitation into the soil.
Engineered Stormwater Control
A physical device designed to trap, settle out, or filter pollutants from stormwater runoff;
to alter or reduce stormwater runoff velocity, amount, timing, or other characteristics;
to approximate the pre-development hydrology on a developed site; or to achieve any
combination of these goals. Engineered stormwater control includes physical practices
such as constructed wetlands, vegetative practices, filter strips, grassed swales, and other
methods installed or created on real property. “Engineered stormwater control” is
synonymous with “structural practice,” “stormwater control facility,” “stormwater
control practice,” “stormwater treatment practice,” “stormwater management practice,”
“stormwater control measures,” “structural stormwater treatment systems,” and similar
terms used in this ordinance. It is a broad term that may include practices that do not
require design by a professionally licensed engineer.
Land disturbing activity
Any use of the land that results in a change in the natural cover or topography that may
cause or contribute to sedimentation.
Larger common plan of development or sale
Any area where multiple separate and distinct construction or land-disturbing activities
will occur under one plan. A plan is any announcement or piece of documentation
(including but not limited to a sign, public notice or hearing, sales pitch, advertisement,
loan application, drawing, permit application, zoning request, or computer design) or
physical demarcation (including but not limited to boundary signs, lot stakes, or
surveyor markings) indicating that construction activities may occur on a specific plot.
46
Major variance
A variance from the minimum statewide watershed protection or Falls rules that results
in the relaxation, by a factor greater than five percent of any buffer, density or built-upon
area requirement under the high density option; any variation in the design, maintenance
or operation requirements of a wet detention pond or other approved stormwater
management system; or relaxation by a factor greater than 10 percent, of any
management requirement under the low density option. For provisions in this ordinance
that are more stringent than the state's minimum water supply protection rules and Falls
rules, a variance to this ordinance is not considered a major variance as long as the
result of the variance is not less stringent than the state's minimum requirements.
Minor variance
A variance from the minimum statewide watershed protection or Falls rules that results
in a relaxation, by a factor of up to five percent of any buffer, density or built -upon area
requirement under the high density option; or that results in a relaxation by a factor up
to 10 percent, of any management requirement under the low density option.
1-year, 24-hour storm
The surface runoff resulting from a 24-hour rainfall of an intensity expected to be
equaled or exceeded, on average, once in 12 months and with a duration of 24 hours.
Outfall
A point at which stormwater (1) enters surface water or (2) exits the property of a
particular owner.
Owner
The legal or beneficial owner of land, including but not limited to a mortgagee or vendee
in possession, receiver, executor, trustee, or long-term or commercial lessee, or any
other person or entity holding proprietary rights in the property or having legal power
of management and control of the property. “Owner” shall include long-term
commercial tenants; management entities, such as those charged with or engaged in the
management of properties for profit; and every person or entity having joint ownership
of the property. A secured lender not in possession of the property does not constitute
an owner, unless the secured lender is included within the meaning of “owner” under
another description in this definition, such as a management entity.
Person
Includes, without limitation, individuals, firms, partnerships, associations, institutions,
corporations, municipalities and other political subdivisions, and governmental
agencies.
47
Redevelopment
Any development on previously-developed land. Redevelopment of structures or
improvements that (i) existed prior to December 2006 and (ii) would not result in an
increase in built-upon area and (iii) provides stormwater control at least equal to the
previous development is not required to meet the nutrient loading targets of this
ordinance.
Stormwater system
All engineered stormwater controls owned or controlled by a person that drain to the
same outfall, along with the conveyances between those controls. A system may be
made up of one or more stormwater controls.
Substantial progress
For the purposes of determining whether sufficient progress has been made on an
approved plan, one or more of the following construction activities toward the
completion of a site or subdivision plan shall occur: obtaining a grading permit and
conducting grading activity on a continuous basis and not discontinued for more than
thirty (30) days; or installation and approval of on-site infrastructure; or obtaining a
building permit for the construction and approval of a building foundation. “Substantial
progress” for purposes of determining whether an approved plan is null and void is not
necessarily the same as “substantial expenditures” used for determining vested rights
pursuant to applicable law.
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ARTICLE IV
Bona Fide Farms
The provisions of this ordinance shall apply to all land as shown on the Official Planning Map(s) of
Person County, North Carolina. This ordinance shall in no way regulate, restrict, or prohibit any bona
fide farm and its related uses, but any use of such property for non-farm purposes shall be subject to
such regulations.
On-site marketing of farm products produced on the premises shall be exempt from the provisions of
this Ordinance where compliance with Table of Permitted Uses, Note One is assured.
49
ARTICLE V
ESTABLISHMENT OF DISTRICTS
SECTION 50 - INTERPRETATION OF DISTRICT BOUNDARIES
50-1 The locations and boundaries of each of the planning districts shall be shown on the map
accompanying this ordinance and made a part hereof, entitled, "Official Planning Map, Person
County, North Carolina," and adopted by the Board of County Commissioners. The Planning
Map and all the notations, references and amendments thereto, and other information shown
are hereby made a part of this ordinance. The Planning Map shall be kept on file in the office
of Planning and Zoning and shall be available for inspection by the public.
50-2 Where uncertainty exists with respect to the location of certain boundaries of districts as
shown on the Official Planning Map, the following rules shall apply:
50-2(A) Boundaries indicated as approximately following the centerline of streets, highways, alleys,
streams, rivers, lakes, or other bodies of water shall be construed to follow such centerlines.
50-2(B) Boundaries indicated as approximately following platted lot lines shall be construed to follow
such lot lines.
50-2(C) Distances not specifically indicated on the Official Planning Map shall be determined by the
scale of the map.
50-2(D) Where physical and cultural features existing on the ground are at variance with those shown
on the Official Planning Map, or in other circumstances not covered by subsections 50-2(a)
through 50-2 (c) above, the Board of Adjustment shall interpret the district boundaries.
50-2(E) Where a district boundary line divides a lot which was in single ownership at the time of
passage of this ordinance, the Board of Adjustment may permit the extension of the
regulations for either portion of the lot not to exceed two hundred and fifty (250) feet beyond
the district line into the remaining portion of the lot.
50
ARTICLE VI
APPLICATION OF DISTRICT REGULATIONS
SECTION 60 - GENERAL REGULATIONS (Amended 11/17/2003; 08/2/2010; 5/3/21)
60-1 Except as hereinafter provided, the regulations set by this ordinance within each district shall
be minimum regulations and shall apply uniformly to each class or kind of structure or land.
60-2 Notwithstanding nonconforming uses as herein defined, no building, structure, or land shall
hereafter be used or occupied, and no building or structure or part thereof, shall hereafter be
erected, constructed, reconstructed, moved or structurally altered except in conformity with
all the regulations as specified herein for the district in which it is located.
60-3 No part of a yard or other open space required about or in connection with any building for
the purpose of complying with this ordinance shall be included as a part of a yard or other
open space similarly required for any other building or use.
60-4 No yard setbacks or lot existing at the time of passage of this ordinance shall be reduced in
dimension or area below the minimum requirements set forth herein.
60-5 Unless otherwise specified in this ordinance, accessory buildings may be allowed within five
(5) feet of rear and side yard lot lines (Amended 6/3/2013)
60-6 (Deleted 6/3/2013)
60-6A Accessory structures may be placed in the front yard, if at least 25ft from the front property
line. For lots located on NC and US highways, accessory structures may be placed in the
front yard, if at least 40ft from the front property line. (Added 6/3/2013)
60-6B Accessory buildings shall be allowed on a lot upon which a primary dwelling, multifamily
dwelling, business use or industrial use exists. (Added 6/3/2013) Accessory buildings shall
also be allowed on lots adjacent to and under common ownership to the parcel where the
principal structure is located or within 1,000 feet of the aforementioned parcel (as measured
from property line to property line) to the extent that the principal use itself would be allowed.
(Amended 11/16/20)
60-6C 60-6A and 60-6B shall not apply to any barns, hay sheds, or similar structures existing prior
to the adoption of this amendment; however, this Ordinance shall apply to any new
construction of these structures. (Added 6/3/2013)
60-7 Campers and Recreational Vehicles shall not be used for dwelling purposes on individual lots
but can be stored provided they are registered to the owner of the lot and there is an existing
dwelling. There shall only be one camper/recreational vehicle stored per lot. A Special Use
Permit will be required for storage of more than one camper/recreational vehicle and property
owner and camper/recreational vehicle owner must be the same. (Added 8/2/2010; amended
5/3/21)
51
60-8 Use of one camper/recreational vehicle shall be permitted as an accessory dwelling on an
improved lot or on an unimproved lot or tract for a period not to exceed two continuous weeks.
A four week interval shall be required between each allowed use. A tract of land owned by a
single owner may not be subdivided into multiple lots for the purpose of evading this section.
(Added 8/2/2010)
60-9 Nothing in this ordinance shall be construed to interfere with the operation of any valid
covenant or condition which runs with the land or shall be construed to allow noncompliance
with any building or environmental law, rule or ordinance. (Added 8/2/2010).
52
ARTICLE VII
SECTION 70 - DISTRICT REGULATIONS
DESCRIPTION OF GENERAL USE AND CONDITIONAL DISTRICTS
(Amended 8-17-92, 11/16/20; 5/3/21)
70-1 The following general use zoning districts are hereby established:
70-1(A) R Residential District: The purpose of this district is to provide for single family residential
uses and compatible development.
70-1(B) B-2 Neighborhood Shopping: The purpose of this district shall be to provide for small clusters
of retail service and other commercial development which would be compatible with nearby
residential areas.
70-1(C) B-1 Highway Commercial Business District: The purpose of this district shall be to provide
for commercial and light industrial development which operate in a relative quiet, clean and
non-noxious manner.
70-1(D) GI General Industrial District: The purpose of this district shall be to provide suitable
locations for wholesale, distribution, warehousing, fabrication and processing of both light
and heavy industrial production natures. (Amended 11/16/20)
70-1(E) AP Airport District: The purpose of this district shall be to provide an overlay district which
establishes land use regulations for areas adjacent to the Person County Executive Airport.
Specific requirements for the Airport District are set forth in ARTICLE IX, SECTION 91
and SECTION 92.
70-1(F) R-C Rural Conservation District: The purpose of this district shall be to provide for only
limited land use controls in areas with limited nonagricultural development.
70-2 The following Conditional Districts are hereby established.
70-2(A) A Conditional District, bearing the designation CD, is hereby established as a companion
district for every district established in Section 70-1 (a-f). These districts are CD-R, CD-B-2,
CD-B-1, CD-GI, CD-AP, and CD-R-C. All r egulations which apply to a general use zoning
district also apply to the companion special use district. All other regulations which may be
offered by the property owner and approved by Person County as part of the rezoning process,
shall also apply.
SECTION 71 - TABLE OF PERMITTED USES
(SEE APPENDIX C)
53
SECTION 72 - TABLE OF DIMENSIONAL REQUIREMENTS
(Amended 9/16/91, 2/1/93, 6/15/98, 1/07/02; 8/4/08; 9/6/16; 5/3 /21)
Without Central
Water & Sewer
With Central
Water
With Central
Sewer
With Central
Water & Sewer
Planned Building
& Group
Minimum Lot Size
in Square Feet 43,560 20,000 15,000 6,000 8,000 sq. ft.
(see note #1)
Minimum Lot Width
in Feet 100 100 75 60 100
Minimum Front Yard
requirement
When property abuts
US/NC Highways
(see notes 2,5,6,7,8)
40* 40* 40*
40*
60
All other road types
(see note 2,5,6,7,8) 25* 25* 25* 25*
Minimum Side Yard
Requirement
(See Note 1,2,6,7,8)
20 15 10 8 15 feet
(see note #2)
Corner Lot Mi nimum
Side Yard Requirement
When property abuts
US or NC highway
(See Note 4,6,8)
40*
40*
40*
40*
60*
Corner Lot Minimum
Side Yard Requirement
All other road types
(See Note 4,6,7)
25* 25* 25* 25*
Minimum Rear Yard
(See note 4,5,6,7,8) 25 25 15 10 25
Double Frontage Lots
Minimum Rear Yard
*(See Note 3,6,7,8)
50* 50 35 25 25
Building Heights 50** 50** 50** 50** 50**
* From right -of-way
** Structures for light or heavy industrial (LI or HI) uses not subject to height restrictions but must
submit certification that proposed building height meets the ability of local fire and rescue teams to
serve the facility. Certification in the form of a letter signed by the fire inspector. Uses not included
in the Light or Heavy Industrial category exceeding 50 feet may apply for a special permit for approval.
The following uses are not controlled by the height limitation: belfries, spires, cupolas, domes,
monuments, observation towers, chimney, smokestacks, water towers, conveyors, flag poles, television
and radio masts, aerials, and towers.
54
LANDSCAPING AND BUFFERS
To mitigate health, safety, and welfare concerns, landscaping and buffers may be required as a
condition of approval for projects requiring a Special Use Permit.
For Industrial Uses located adjacent to or across any right of way from residential properties, a
vegetative buffer is required.
• For heavy industrial uses, the buffer shall be at least 150’ wide
• For light Industrial Uses, the buffer shall be at least 50’ wide
Buffers shall include at a minimum, evergreen shrubs and a combination of deciduous and evergreen
trees.
• Every 500 square feet of buffer shall include one evergreen or deciduous tree that shall have a
height and spread of at least 30’ within 10 years; and,
• 5 evergreen shrubs, or 3 evergreen and 2 deciduous shrubs, with a height and spread of at least
5’ in 10 years.
• Existing vegetation may be counted toward the required plantings when identified on a
landscape plan and certified by an arborist, landscape architect, landscape designer. Plants
identified for the buffer must be protected from all land disturbing activities and construction
at a distance equal to the drip line of the plant(s) to be used toward the buffer.
Landscape plans shall be completed by a registered landscape architect or licensed landscape designer.
NOTES:
1. 8,000 square feet for the first two dwelling units and 2,500 sq. ft. for each additional dwelling
unit.
2. Minimum setback for the first story and 10 additional feet for each additional unit.
3. Zero (0) yard requirement adjacent to the contour line of Hyco Lake, Lake Roxboro (located on
the Person/Caswell County line) and Mayo Lake.
4. Measured from the closest point of the building to the property line or right-of-way.
5. No structure need be setback more than the average of the two (2) directly adjacent primary use
structures on either side.
6. Uncovered stoops, decks and steps may extend into any required yard area no more than one
half the required yard depth or width for lots without central water and sewer and with central
water except no encroachment will be allowed adjacent to US or NC Highways. (Added
08/04/2008; 01/06/2020)
7. Unless otherwise specified in this ordinance, accessory buildings may be allowed within five
(5) feet of rear and side yard lot lines. See Note 8 if property is located on an NC or US route.
(Amended 6/3/2013)
8. Accessory structures may be placed in the front yard, if at least 25ft from the front property
line. For lots located on NC and US highways, accessory structures may be placed in the front
yard, if at least 40ft from the front property line. (Added 6/3/2013)
55
SECTION 73 - SETBACK REQUIREMENTS
(Amended 9/6/2016; 5/3/21)
73-1 Where a B-1, B-2, or GI District abuts the R district all business or industrial uses which abut said
districts shall be set back a minimum of 50 feet from the abutting exterior property lines.
73-2 Setbacks shall be measured:
73-2.1 From the property line
73-2.2 From the road right of way
73-2.3 From the edge of the structure to the property line or other legal boundary
56
SECTION 74 CLUSTER DEVELOPMENT
(Added 8/1/2005; Amended: 12/07/09; 5/3/21)
74-1 PURPOSE
Clustering of residential lots is intended to encourage subdivision design that is more efficient
and better suited to the natural features of the land than a conventional subdivision, by
regulating lots based on the lot density standards rather than minimum lot size standards and by
requiring that part of the subdivision not devoted to lots and roads be set aside as usable open
space. This allows smaller lots to be concentrated on those parts of the subdivision best suited
to accommodate development with the least adverse impact. Clustering also allows smaller and
less costly network of roads and utilities and reduces the amount of impervious surface and
stormwater runoff. The open space provided by clustering can be used to provide recreational
opportunities for the subdivision’s residents, to conserve and protect significant natural areas
and environmentally sensitive areas, and to preserve important historic resources.
74-2 MINIMUM SUBDIVISION SITE SIZE
Clustering of lots shall not be allowed on any tract of land less than ten (10) acres in size.
74-3 MINIMUM LOT SIZE
All lots shall be a minimum of 6,000 square feet of usable land (not to include any right of way
or easements). For single-family or multi-family attached structures, there shall be no minimum
lot area. (Amended: 12/07/09)
74-4 SETBACK REQUIREMENTS
A. The minimum building setbacks for single family detached dwellings are as follows:
• Front yard on Subdivision main artery; 25 feet
• Front yard on cul-de-sac or parking lots; 10 feet
• Rear yard; 15 feet
• Side yard; 8 feet
B. Minimum building setback for single family attached dwellings or multifamily structures
are as follows:
• Front yard; 25 foot minimum for single family detached. Multi-family; 25 foot
minimum for first story and 10 additional feet for each additional story.
• Rear yard; 10 feet
• Side yard; can be reduced to zero
• All setbacks shall be shown on the plat.
57
74-5 ACCESSORY STRUCTURES
A. Accessory Structures are allowed only on lots of 20,000 square feet or more and only one
structure per lot.
B. All setbacks for accessory structures must be in compliance with Section 72.
74-6 MINIMUM ROAD DESIGN
Roads may be designed to meet NCDOT specifications for subdivisions, Traditional
Neighborhood Development Guidelines (TND) or to a lesser design approved by the County
Commissioners. All roads are to be paved. The width of all travel ways, parking areas and road
base to be approved within the subdivision process and is required on the plat.
All Cluster Development shall have access off of a NCDOT Secondary Road, State or Federal
Highway.
74-7 OPEN SPACE
Land within the subdivision site not contained in lots, streets, or utility easements, shall be in
one or more parcels dedicated or reserved as permanent open space. The total are of parcels
dedicated or reserved as permanent open space shall make up at least thirty (30) percent of the
subdivision.
A. The open space shall be subject to a Conservation Easement conveyed to Person County
setting aside the said open space from future development and, in areas subject to Watershed
Ordinances, the said conservation easement shall limit use as it relates to water quality
regulations. The title to the open space shall be conveyed to a property owner’s association,
homeowners’ association or other legal entity (public agency or nonprofit organization) that
is capable of and willing to accept responsibility for managing open space for its intended
purpose.
B. Ownership of the Open Space is not restricted but any transfer of ownership of this property
is subject to the conservation easement and any other conditions of the special use permit
which created the Open Space.
C. The design of the open space shall consider protecting water quality, conserving farm and
forest land, providing wildlife habitat and preserving the natural aesthetics of the area.
58
ARTICLE VIII
SECTION 80 - PLANNED BUILDING GROUP REGULATIONS
Commercial and Residential
(Amended 5/6/2002)
80-1 A planned building group shall be a special use. The development shall be on a minimum of
a 2-acre lot. It shall be exempt from the lot and yard dimensional requirements of this
ordinance provided that the intensity of the development is no greater and the preservation of
open spaces no less than allowed for other development in the same district. (Revised 1/11/96)
80-2 Proposals for planned building groups (exclusive of mobile home parks) shall be submitted
to the Planning Department at least four (4) weeks prior to the regular monthly Board of
Commissioners meeting at which it is to be reviewed. A planned building group shall be
permitted only upon approval of the County Commissioners. (Amended 01/06/2020)
The following Planned Group Regulations shall be adhered to:
A. Site Plans are required and must show the following:
1) Proposed provisions for storm drainage and sanitary sewage as approved by the
appropriate governmental agency.
2) Size and proposed location of any signs.
3) Proposed water system and firefighting facilities such as hydrants and sprinkler
connections.
4) Proposed solid waste facilities.
5) The location, dimensions and type of surfacing for drives, sidewalks, malls, etc. All
parking and travel ways to be paved. (Amended 5/6/2002)
6) The location and heights of all fences, walls and hedges.
7) Show proposed water and sewer lines and size. (Amended 5/6/2002)
8) Lighting plans inclusive of wattage and illumination.
9) Location of traffic control devices.
10) Location and amount of recreation areas.
11) Location and approximate size of existing and proposed structures within the site and
all buildings and structures within 500 feet in addition to public or private easements
or right-of-ways adjoining or intersecting such property.
12) Location and extent of proposed parking and loading areas.
13) Land contours at 10-foot intervals.
14) Proposed points of ingress and egress and proposed patterns of internal automobile
and pedestrian circulation.
59
80-2(A) continued
15) Proposed schedule of development.
Upon the recommendation of the Planning Department, the Board of County
Commissioners may require submission of the following information as a condition
to the granting of a Planned Building Group/Special Use Permit:
1) The slope, grade and cross-section of drives, sidewalks, malls, etc.
2) Profiles of publicly maintained water and sewer lines.
3) Profiles, cross-sections and slopes of on-site and off-site ditches carrying water
run-off.
4) Erosion and Sediment Control Plans. (amended 5/6/2002)
B. Parking and loading
Off-street parking shall be provided in ratio to two and one-half (2 1/2) spaces per family
unit for residential groups and at a ratio of one-half (1/2) parking space per 100 square
feet of building area for planned business groups. One loading space for each 10,000
square feet of enclosed building space must be provided in planned commercial building
groups. All parking areas shall have a stabilized surface with parking spaces and traffic
lanes clearly marked.
C. Screening and fencing
A screen not less than six feet high of dense plant material and/or fence may be required.
D. Recreation areas for planned residential groups
Play areas shall be provided for all apartment and condominiums with over five (5)
dwelling units. A minimum play area of 2,000 square feet having a minimum width of 40
feet shall be provided for the first six (6) to twenty-five (25) dwelling units. An additional
fifty-six (56) square feet of recreation area shall be provided for each unit in excess of
twenty-five (25) units. The distribution and number of individual play areas shall be
determined by the arrangement of the units, topography and other physical features.
Swimming pools and their accessory areas shall not constitute any part of the open space
requirements and no part of the required play area shall be used for any other purpose.
E. There shall be maintained at least thirty (30) linear feet of open space between individual
buildings in a residential building group.
F. Where the length of a dead-end street exceeds two hundred (200) feet and where there
exists six (6) or more dwelling units, an area must be provided for the turnaround of fire
fighting vehicles on a stabilized surface. This area shall not be used for parking.
G. Locations for fire hydrants must be shown within 1000 feet, as measured along the access
drive from every dwelling unit in a residential building group. All hydrants must be served
by a water main of sufficient size. In no case shall the minimum size main be less than six
(6) inches in diameter.
60
SECTION 81 – COMMERCIAL AND INDUSTRIAL SITE PLAN REQUIREMENTS
(Added 12/01/03; Amended 9/6/2016; 1/4/21)
Statement of Intent: The purpose of these requirements is to promote the orderly development of
certain activities within the county and to insure that such activities are developed in a manner
harmonious with surrounding properties and in the interest of the general public welfare. More
specifically, the site plan shall be used to review the project’s compatibility with its environment; to
review the ability of the project’s traffic circulation system to provide for the convenient and safe
internal and external movement of vehicles and pedestrians.
81-1 The Planning Director may waive any requirement of this article provided it is not adverse to the
purpose of this article and the applicant establishes that in his specific case an undue hardship
would result from a strict enforcement of this article, or that the requirement is unreasonable.
The Planning Director also may ask for additional information if deemed necessary by the
Director to evaluate the site.
81-2.1 Site Plan Specifications:
Every site plan shall be prepared in accordance with the following specifications:
1. Shall be prepared by a North Carolina registered land surveyor, engineer, architect or
landscape architect.
2. The proposed title of the project and the name of the engineer, architect, surveyor and/or
developer, the developer, and a signature panel for the Planning Director’s approval.
3. The north point, scale, date, and vicinity map. Tax Map and Parcel Number and
Township.
4. Existing zoning and zoning district boundaries on the property in question and on
immediately surrounding properties.
5. The present use of all contiguous or abutting properties.
6. The boundaries of the property involved by bearings and distances.
7. All existing property lines, existing street s, 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 w idth for two-way traffic and twelve feet for one-way traffic. Non-residential structures
without permanent on-site employees may be permitted to have a twelve-foot wide paved
or gravel vehicular travel lane or driveway. (Amended 1/4/21)
61
12. The location, height, type and materials of all existing and proposed fences, walls, screen
planting and landscaping details of all buildings and grounds, and the location, height and
character of all outdoor lighting systems, inclusive of wattage and illumination.
13. The location of all proposed buildings and structures, accessory and main; number of
stories and height, proposed general use for each building; and the number, size and type
of dwelling units where applicable.
14. Proposed finished grading by contour supplemented where necessary by spot elevations.
15. One hundred year floodplain areas per Federal Emergency Management Agency
(FEMA)
16. The location, character, size, height and orientation of proposed signs.
17. The location and dimensions of proposed recreation, open space, and required amenities
and improvements.
18. Location of proposed solid waste facilities.
19. Proposed schedule of development.
20. Show total impervious surface. Show Best Management Practices where applicable.
21. Parking and Loading (see Section 110) for specific requirements.
22. Screening and Fencing. A screen not less than six feet high of dense plant material and/or
fence may be required (see Section 75 for additional guidance).
23. Where the length of a dead-end street exceeds two hundred (200) feet and where there
exists six (6) or more dwelling units, an area must be provided for the turnaround of fire
fighting vehicles on a stabilized surface. This area shall not be used for parking.
24. Locations of fire hydrants must be shown within 1000 feet, as measured along the access
drive from every dwelling unit in a residential building group. All hydrants must be
served by a water main of sufficient size. In no case shall the minimum size main be less
than six (6) inches in diameter.
25. When building heights exceed 50’ certified approval from the fire inspector is required
stating that the structure can be served by the local fire department.
26. The Planning Director may request the following information:
a. Slope. Grade and cross-section of drives, sidewalks, malls, etc.
b. Profiles of publicly maintained water and sewer lines.
c. Profiles: Cross-sections and slopes of on-site and off-site ditches carrying water
run-off.
d. Erosion and Sediment Control Plans.
e. Lighting plan for Light or Heavy Industrial (LI or HI uses).
62
ARTICLE IX
SECTION 90 - AIRPORT OVERLAY DISTRICT REQUIREMENTS TO LIMIT HEIGHT OF
OBJECTS AROUND PERSON COUNTY AIRPORT (Amended 5/3/21)
It is hereby found that an obstruction has the potential for endangering the lives and property of users
of Person County Airport, and property or occupants of land in its vicinity; that an obstruction may
affect existing and future instrument approach minimums of Person County Airport; and that an
obstruction may reduce the size of areas available for the landing, takeoff, and maneuvering of aircraft,
thus tending to destroy or impair the utility of Person County Executive Airport and the public
investment therein. Accordingly, it is declared:
(1) that the creation or establishment of an obstruction has the potential of being a public nuisance and
may injure the region served by Person County Executive Airport;
(2) that it is necessary in the interest of the public health, public safety, and general welfare that the
creation or establishment of obstructions that are a hazard to air navigation be prevented; and,
(3) that the prevention of these obstructions should be accomplished, to the extent legally possible, by
the exercise of statutory authority without compensation.
90-1: RESERVED
90-2: AIRPORT ZONES
In order to carry out the provisions of this Section, there are hereby created and established
certain zones which include all of the land lying beneath the approach surfaces, transitional
surfaces, horizontal surfaces, and conical surfaces as they apply to Person County Executive
Airport. Such zones are shown on the Person County Airport Zoning Map dated May, 1988.
This map, along with a full description of each zone and the height limitations associated with
each zone, is hereby made part of this ordinance and is located in the Person County Planning
Office. An area located in more than one of the zones is considered to be only in the zone
with the more restrictive height limitation.
90-3: AIRPORT ZONE HEIGHT LIMITATIONS
Except as otherwise provided in this Ordinance, no structure shall be erected, altered, or
maintained, and no tree shall be allowed to grow or property use permitted in any zone created
by this Ordinance to a height which exceeds the height limitations established by the surfaces
of these zones. These height restrictions supersede any other height restrictions in this
ordinance.
90-4: USE RESTRICTION
Notwithstanding any other provisions of this Ordinance, no use may be made of land or water
within any zone established by this Ordinance in such a manner as to create electrical
interference with navigational signals or radio communication between the airport and
aircraft, make it difficult for pilots to distinguish between airport lights and others, result in
glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create
bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff,
or maneuvering of aircraft intending to use the airport.
63
90-5: NONCONFORMING USES
1. Regulations Not Retroactive - The regulations prescribed in this Section shall not be
construed to require the removal, lowering, or other change or alteration of any structure
or tree not conforming to the regulations as of the effective date of the predecessor of this
section adopted January 16, 1989, or otherwise interfere with the continuance of a
nonconforming use.
2. Marking and Lighting - The owner of any existing nonconforming structure or tree is
hereby required to permit the installation, operation, and maintenance thereon of such
markers and lights as shall be deemed necessary by the County Planner to indicate to the
operators of aircraft in the vicinity of the airport the presence of such airport obstruction.
Such markers and lights shall be installed, operated, and maintained at the expense of the
County of Person.
90-6: PERMITS
1. Existing Uses - No permit shall be granted that would allow the establishment or creation
of an obstruction or permit a nonconforming use, structure, or tree to become a greater
hazard to air navigation, than it was on the effective date of this Ordinance or any
amendments thereto or than it is when the application for a permit is made.
2. Nonconforming Uses Abandoned or Destroyed - Whenever the County Planner
determines that a nonconforming tree or structure has been abandoned or more than 80
percent (80%) torn down, physically deteriorated, or decayed, no permit shall be granted
that would allow such structure or tree to exceed the applicable height limit or otherwise
deviate from the zoning regulations.
3. Variances - Any person desiring to erect or increase the height of any structure, or permit
the growth of any tree, or use property, not in accordance with the regulations prescribed
in this Ordinance, may apply to the Board of Adjustment for a variance from such
regulations. The application for variance shall be accompanied by a determination from
the Federal Aviation Administration as to the effect of the proposal on the operation of air
navigation facilities and the safe, efficient use of navigable airspace. Such variances shall
be allowed where it is duly found that a literal application or enforcement of the
regulations will result in unnecessary hardship and relief granted, will not be contrary to
the public interest, will not create a hazard to air navigation, will do substantial justice,
and will be in accordance with the spirit of this Ordinance. Additionally, no application
for variance to the requirements of this Ordinance may be considered by the Board of
Adjustment unless a copy of the application has been furnished to the Airport Manager
for advice as to the aeronautical effects of the variance. If the Airport Manager does not
respond to the application within fifteen (15) days after receipt, the Board of Adjustment
may act on its own to grant or deny said application.
4. Obstruction Marking and Lighting - Any permit or variance granted may, if such action
is deemed advisable to effectuate the purpose of this Ordinance and be reasonable in the
circumstances, be so conditioned as to require the owner of the structure or tree in question
to install, operate, and maintain, at the owner's expense, such markings and lights as may
be necessary. If deemed proper by the Board of Adjustment, this condition may be
modified to require the owner to permit the County of Person, at its own expense, to
install, operate, and maintain the necessary markings and lights.
64
SECTION 91 - AIRPORT OVERLAY NOISE EXPOSURE DISTRICT
91-1 The Airport Overlay Noise Exposure District regulates land uses in the vicinity of the Person
County Airport by determining the yearly day-night average sound levels and identifying land
uses that are normally compatible with various levels of noise exposure. The Overlay District
Area shall be zoned General Industrial (GI) which will allow for compatible uses around the
Airport.
91-2 The AP Overlay District regulates the area surrounding the Airport that has noise levels that
may exceed 65 Ldn, as shown on the Official Zoning Map.
91-3 Where such permitted uses are located within the seventy (70) Ldn or above contour noise
boundary, measures to achieve Noise Level Reduction (NLR) of at least 25 dB and 30 dB
shall be incorporated into the design and construction of portions of these buildings where the
public is received, office areas, noise sensitive areas or where the normal noise level is low.
91-4 The following uses shall not be permitted in the AP Overlay District:
o Churches, Temples, Synagogues
o Day Care Center
o Dwelling, Single-Family
o Manufactured Homes
o Modular Homes
o Funeral Homes
o Assemblies
65
ARTICLE X
NONCONFORMING USES
SECTION 100 - INTENT
Within the districts established by this ordinance, there may exist land uses which were lawful before
this ordinance or its predecessor ordinances were passed but which would be prohibited or restricted
under the terms of this ordinance. It is the intent of this ordinance to permit those nonconforming uses
to continue until they are removed, but not to encourage their continuation. Any land use which was a
violation of predecessor Person County Planning Ordinances shall continue to be a violation of this
ordinance and shall not be considered as a nonconforming use.
SECTION 101 - CONTINUATION OF NONCONFORMING USES
(Amended 11-17-92, Amended 5-7-01; Amended 11/17/03; Amended 2/03/03; 5/3/21)
101-1 Nonconforming uses may not be changed to another nonconforming use unless the Board of
Adjustment determines that such change shall be no more detrimental to the neighborhood
than the existing use; however, no change of title or possession, or right to possession of
property shall be construed to prevent the continuance of a nonconforming use.
101-2 Any structure existing at the time of adoption of this Ordinance which does not comply with
setback or yard requirements, or which exceeds height requirements, may be continued in use
but shall not be enlarged or extended unless such extensions or enlargement comply with all
the provisions of this ordinance. No uncovered portion of a building may be covered if the
setback or height requirements are not met. (Amended 6/3/2013; 01/06/2020)
*101-3 Nothing in this ordinance shall be construed to prevent the reconstruction of any building,
conforming or nonconforming, damaged by any means. However, any nonconforming
building which is damaged may only be replaced by a structure of equal or smaller size and
square footage as that of the previous structure. No reconstruction or new construction shall
be allowed which creates any new or additional nonconformity than that which existed at the
time of damage. *(Amended 11/17/92)
101-4 If a nonconforming use is discontinued for a period of 180 consecutive days or for more than
eighteen months in any three-year period, the future use of the building or land must be a
conforming use.
101-5 A nonconforming use may be changed to a use of a higher classification and whenever the
use is changed to a higher or conforming classification then it shall not be allowed to change
to the original use or to a lower use. For the purposes of this section, the order of classification
of use, from the highest to the lowest shall be as follows: R, B-1, B-2, GI, and R-C.
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101-6 If a nonconforming structure or a conforming structure devoted to a nonconforming activity
is destroyed or damaged in any manner, to the extent that the cost of restoration to its condition
before the occurrence shall not exceed 60 percent of the cost of reconstructing the entire
structure based on the assessed structure value, as recorded by the County Tax Assessor, it
may be repaired or restored, provided such repair or restoration is started within six (6) months
of the damage and completed within twelve (12) months. However, any nonconforming
building which is damaged may only be replaced by a structure of equal or smaller size and
square footage as that of the previous structure. Relief to the time limits may be granted by
the Board of Adjustment.
(added 11/17/2003)
101-7 A nonconforming structure or a conforming structure devoted to a nonconforming activity
that is damaged by any casualty to an extent more than 60 percent of its assessed value, based
on County Tax Assessor records, shall not be restored except as follows:
A. As a conforming use.
B. If the use is a one-family dwelling, restoration shall be permitted.
C. For structures except a one family dwelling, restoration of a nonconforming structure
shall require approval by the Board of Commissioners. A site plan according to Section
81 will be required. In approving such permit, the Board will consider the stated purpose
for establishing the zoning district in which the structure in question, particularly the
other nonconforming uses, and the hardship which would result from a denial of the
Special Use Permit. The permit shall include conditions as to time for repair to be
completed and any other conditions deemed necessary to carry out the intent of this
section of the ordinance. (Amended 6/3/2013; 5/3/21)
101-8 (Deleted 6/3/2013)
101-9 Nonconforming lots of record: Permitted Structures may be erected upon any single lot of
record at the time of adoption of this Ordinance, provided the minimum yard requirements
are met. A variance to the Planning Ordinance is required if the yard width or setback
requirements cannot be met. (Added 6/3/2013)
101-10 The creation of a lot with a width or area smaller than allowed by existing zoning
requirements is prohibited, except by governmental action, such as road widening. Any lot,
which, by reason of realignment of a public street or highway or by reason of condemnation
proceedings, has been reduced in size to an area less than required by law, shall be considered
a nonconforming lot of record subject to the provisions t forth in this section; and any lawful
use or structure existing at the time of such highway realignment or condemnation
proceedings which would thereafter no longer be permitted under the terms of this ordinance
shall be considered a nonconforming use or structure as that term is used in this ordinance.
(Added 6/3/2013)
101-11 When any nonconforming use is superseded by a permitted use, the use shall thereafter
conform to the regulations for this district, and no nonconforming use shall thereafter be
resumed. (Added 6/3/2013)
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SECTION 102 - REPAIRS AND MAINTENANCE
102-1 Nothing in this ordinance shall prevent the restoring or strengthening of a nonconforming
structure to a safe condition, provided that the square feet of the structure shall not be
increased.
102-2 Should any nonconforming structure be moved for any reason within the Zoning Jurisdiction
of Person County, it shall conform to the regulations for the district in which it is to be located.
SECTION 103 - NONCONFORMING LOTS OF RECORD
(Amended 2/1/93)
103-1 (Deleted 6/3/2013)
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ARTICLE XI
SECTION 110 - OFF-STREET PARKING AND LOADING
(Amended 3/8/99; 9/2/2008; Added 8/4/2008; Amended 9/6/2016)
110-1 Required off-street parking shall be provided on every lot or within a distance of 500 feet
from the lot if such parking space cannot be reasonably provided on that lot. Each application
for a Certificate of Occupancy/Compliance shall include information as to:
• Location and dimensions of off-street parking and loading space;
• Distance between that parking/loading space and street or alley;
• Ingress and egress of the property.
110-2 An off-street parking space shall not be less than 9' x 18' per space. Twenty percent of
required parking spaces to be for compact cars with a minimum size of 7.5’ x 15’. (Added
8/4/2008, Amended 9/2/2008)
110-3 The following off-street parking space shall be provided: (Added 8/4/2008)
USE REQUIRED OFF-STREET PARKING
Residence-Single Family 2 spaces
Residence, Duplex 4 spaces
Residence, Multi-Family / Residential
Group 2 ½ Spaces for each dwelling unit
Offices 1 space for every 250 sq. ft. of gross floor area
Retail Business (Amended 11-18-91) .7 of a space for every 200 sq. ft. of gross floor area
Churches 1 space for every 5 seating spaces in principal sanctuary
Auditoriums, Stadiums and Theaters 1 space for every 5 seats
Motels, Tourist Homes and Boarding
Houses 1 space for every rental room
Hospitals and Nursing Homes 1 space for every bed space
Medical Clinics 4 spaces for each doctor plus 1 space for each employee
Wholesale Establishment, Warehouse and
other businesses not catering to retail or
package trade
1 space for every 3 employees during maximum
employment and 1 space for every truck to be stored or
stopped simultaneously
Light or Heavy Industrial (LI/HI)
1 space for every 1.5 employees during maximum
employment and 1 space for every truck to be stored or
stopped simultaneously
Institutions and Clubs 1 space for every 5 seats in principal assembly room
Community or Private Swimming Clubs 1 space for every 5 memberships
Day Care Center 1 space for each adult attendant and 1 space for every six
children or fraction thereof
Restaurants 1 space for each 5 seats
Assisted Living/Home for the Aged
(amended 3/8/99) 1 space for every 2 bed spaces
Independent Living Facility (age restricted)
(added 8/4/2008)
1 space per unit and 1 space per employee during
maximum employment
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ARTICLE XII
SIGNS
(Amended 3/17/97, 7/7/97, 7/2/2001)
SECTION 120 -- PURPOSE AND SCOPE
This article is intended to address the placement of signs within the county's jurisdiction for the
following purposes: to promote traffic safety; to prevent business and advertising signs from conflicting
with public safety signs; to ensure that permitted signs do not become a hazard or nuisance; to prevent
the overcrowding of land; to facilitate fire and police protection; to protect and enhance the value of
properties; to provide a pleasing overall environmental setting and good community appearance which
is deemed vital to the continued economic attractiveness of the county; and to promote the public safety
and welfare of the county.
SECTION 121 -- SIGN COMPLIANCE
No sign shall be constructed, erected, modified, placed, maintained, or moved, except as authorized by
this Ordinance. Unless otherwise exempted, a zoning permit must be obtained before a sign is erected,
modified, or moved on a zoning lot. No sign shall be placed within a public right-of-way or within the
sight triangle of a roadway intersect ion as would be determined by N.C. Department of Transportation.
Any sign authorized in this article is allowed to contain non-commercial copy in lieu of any other copy.
(Amended 7/7/97)
SECTION 122 -- SIGNS EXEMPTED
The following signs shall be exempt from regulations under this article, regardless of whether they may
be considered "signs":
1. Commemorative tablets or signs, historical or memorial markers or monuments, erected by or with
the permission of the Person County Board of Commissioners, Roxboro City Council or the N.C.
Department of Transportation.
2. Any official traffic control or other public sign;
3. Lights and decorations with no commercial message temporarily displayed on traditionally adopted
civic, patriotic or religious holidays;
4. Signs carried by people;
5. Signs located on the interior of buildings, courts, lobbies, stadiums or other structures which are
not intended to be seen from the exterior of such structures; and,
6. Signs not visible from a public or private street.
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SECTION 123 - TEMPORARY SIGNS
The following temporary signs do not require a zoning permit; however, these signs shall conform to
the standards and provisions of this section and other applicable parts of this ordinance. Unless
otherwise stated herein, temporary signs shall not exceed forty (40) square feet in area per sign face, or
have more than one sign face per direction of travel or exceed six (6) feet in height.
1. Real estate signs.
2. Construction site identification signs.
3. Seasonal Agricultural Signs. Such signs may be erected for the purpose of advertising and directing
potential patrons to the seasonal sale of agricultural products produced and offered for sale at bona
fide farming operation. Seasonal agricultural signs may be erected not sooner than 30 days before
the normal sales or harvest season and must be removed within 30 days after the normal sales or
harvest season.
4 Signs erected in connection with elections or political campaigns. Political signs shall not be erected
before the established filing date for an election nor allowed to remain longer thirty (30) days after
the election.
5. Signs indicating that a special event such as a grand opening, fair, carnival, circus, festival, air
show, fundraiser, or similar event is to take place. Such signs may be erected not sooner than 30
days before the event and must be removed not later than 30 days after the event.
6. Yard sale sign. A sign not exceed 6 square feet may be erected not sooner than two weeks before
the event and must be removed not later than three days after the event.
7. Signs affixed to windows of vehicles displaying information on the terms of sale for said vehicles.
SECTION 124 -- ON-PREMISE SIGNS
(Added 7/2/2001)
An on-premise sign shall be an accessory use incidental to the principal land use; an on-premise sign
shall specifically comply with the following:
1. Area. The maximum area of all free standing on-premises signs shall be 300 square feet. The area
shall mean the surface area of a sign as computed in accordance with Section 131 herein.
2. Height. The maximum height of a free standing on-premise sign shall be 30'. The height shall mean
the height of a sign as determined in accordance with Section 131 herein.
3. Setback. An on-premises sign shall meet the minimum setback requirement of fifteen (15) feet .
(Amended 11/17/2003)
4. Number Permitted . One free standing on-premises sign shall be permitted per street frontage of a
zoning lot.
5. For permitted commercial/industrial uses, total sign area for building-mounted signs on building
housing only one (1) tenant shall not exceed in the aggregate two (2) square feet of sign area for
each linea l foot of building frontage. No such sign shall be required to be less than fo ur (4) square
feet, nor shall it exceed two hundred (200) square feet. Where frontage is on more than one street,
each frontage shall be considered a separate frontage for the purpose of this section. (added
7/2/2001)
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SECTION 124 -- ON-PREMISE SIGNS continued
6. On lo ts containing buildings housing more than one tenant, sign area for building-mounted signs
for each tenant shall not exceed two (2) square feet for each lineal foot of building frontage occupied
by the tenant, with a maximum sign area for that respective tenant of two hundred (200) square
feet. (Added 7/2/2001)
7. For Planned Building Groups, building-mounted signs are allowed for each tenant and shall not
exceed two (2) square feet for each lineal foot of building. Signage to be approved in the Special
Use Permit process (Article VIII, Section 80). (Added 7/2/2001)0
8. Awning signs are permitted provided that such sign shall be limited to the drop leaf portion and the
maximum sign area is forty (40) square feet per sign. The area of all permitted awning signs shall
be included in the area allowed for building-mounted signage. (Added 7/2/2001)
9. Marquee signs are permitted and may extend the full length of the marquee on theaters, auditoriums
and assembly halls. Height of the message area may not exceed eight (8) feet and sign area may
not exceed 200 square feet. Only one marquee sign per each establishment. (Added 7/2/2001)
10. Fuel canopy signage is permitted provided the signage is limited to logo signs and shall not exceed
twelve (12) square feet per canopy side. Signage is not allowed to exceed beyond the vertical edge
of the canopy. (Added 7/2/2001)
11. This section shall be deemed complied with if such on-premise signs are specifically included as
part of sign plan approved as condition of, or pursuant to a special use permit.
SECTION 125 -- HOME OCCUPATION SIGNS
A home occupation shall be permitted one sign professional or announcement sign per dwelling unit
not exceeding six (6) square feet in area.
SECTION 126 -- SUBDIVISION AND MULTI-FAMILY DEVELOPMENT ENTRANCE
SIGNS
At any entrance to a residential subdivision or multi-family development, there may be not more than
two ground signs to identify or identifying such subdivision or development. A single face of any such
sign may not exceed 16 square feet, nor may the total surface area of all such signs located at a single
entrance exceed 32 square feet.
SECTION 127 -- INDUSTRIAL PARK ENTRANCE SIGNS
At any entrance to an industrial park, there may not be more than two ground signs identifying the park.
A single face of any such sign may not exceed 100 sq. ft., nor may the total surface area of all such
signs located at a single entrance exceed 150 square feet.
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SECTION 128 -- OFF-PREMISE ADVERTISING SIGNS
Off-premise advertising signs are permitted in accordance with the following provisions:
1. Area. The maximum area of an off-premise advertising sign shall 378 square feet per sign face, one
sign face per directional flow of traffic. Signs may be back to back or "V- type" construction.
The area of the sign shall be computed by means of the smallest square, circle, rectangle, triangle
or combination thereof which will encompass the extreme limits of the writing, representation,
emblem, or other display, together with any material or color forming an integral part of the
background of the display or used to differentiate the sign from the backdrop or structure against
which it is placed, but not including any supporting framework, bracing, ornamental base or trim.
2. Height . The maximum height of an off-premise advertising sign shall be 30'. Said 30' shall be
measured from: (i) the higher of the unaltered grade of the terrain of the sign location or (ii) the
elevation of the grade of the road shoulder perpendicular to the sign, whichever is higher, to the
uppermost part of the sign or sign structure, whichever is higher.
3. Setback. An off-premise advertising sign shall comply with the following minimum setbacks
requirements:
a. In General Industrial (GI), Highway Business (B-1), and Neighborhood Business (B-2) an off-
premise advertising sign shall be set back a minimum of 15' from the road right-of-way and 15'
from the side property lines; and
b. In a Rural Conservation (RC) Zoning District an off-premise advertising sign shall be set back
a minimum of 15' from the road right-of-way, and 50' from the side property lines.
4. Spacing from Other Off-Premise Advertising Signs No off-premise advertising sign shall be located
closer than 1400' from any other off-premise advertising. A sign o n the opposite side of the road or
highway shall not be located closer than 400 feet to an off-premise sign already erected. These
distances are to be measured along the edge of the pavement between the closest points of the sign
from a line drawn perpendicular to the edge of the pavement to the edge of the sign.
5. Spacing from Other Structures or Land Uses. No off-premise advertising sign shall be placed within
300' of any zoning lot used for a school or public park.
6. Allowed Use. Notwithstanding other provisions of this ordinance, off-premise advertising signs
shall be allowed as a principal or accessory use incidental to the principal land use when erected in
a Highway Business (B-1), Neighborhood Business (B-2), Rural Conservation (RC), or General
Industrial (GI) Zoning District.
7. Most restrictive provisions apply. When or if any portion of this ordinance is in conflict with any
applicable state or federal regulations or statutes, the more restrictive provisions shall apply.
8. A property owner may not create a lot after March 17, 1997, that does not meet minimum lot size
requirements for the purpose of placing an off-premise advertising sign on it.
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SECTION 128 -- OFF-PREMISE ADVERTISING SIGNS continued
9. Zoning Permit Required: A zoning permit shall be obtained from the Zoning Administrator prior to
the placement of an off-premises advertising sign. Each request for a zoning permit shall be
accompanied by a:
a. Recorded survey plat or a survey prepared by a registered land surveyor, if available,
sho wing accurate dimensions of the lot to be built upon and the proposed sign location.
b. In the absence of the above, the proposed sign location may be hand drawn on the applicable
lot depicted on a copy of an official Person County tax map.
c. Tax map reference number and parcel number of the lot to be built upon;
d. To scale drawing of the proposed sign and sign structure; (Note: More detailed structural
information may be required when applying for applicable permits (i.e., building, electrical)
from the Person Co unty Inspection Department. Pursuant to the N.C. State Building Code,
the erector of the sign shall submit to the building official a design and stress diagram or
plan, containing the necessary information to enable the building official to determine that
such sign complies with all the regulations of the code.)
e. Zoning Permit Fee.
SECTION 129 -- OFF-PREMISE DIRECTIONAL SIGNS
Off-premise directional signs do not require a zoning permit; however, these signs shall conform to the
standards of this article and other applicable parts of this ordinance. An off-premise directional sign
which does not meet such provisions of this article shall be considered in violation of the ordinance.
An off-premise directional sign shall not exceed thirty-two (32) square feet in area per sign face, or
have more than one sign face per directional flow of traffic, or no more than two (2) sign faces per sign
structure, or exceed six (6) feet in height.
Not more than three (3) off-premise directional signs shall contain directions to the same business or
activity.
SECTION 130 -- SIGN ILLUMINATION
Signs must be effectively shielded to prevent beams or rays of light from being directed toward any
portion of a traveled road, and must not be of such intensity or brilliance or glare or impair the vision
of the driver of any motor vehicle or otherwise interferes with any driver's operation of a motor vehicle.
No sign shall be so illuminated that it interferes with the effectiveness of or obscures an official traffic
sign, device or signal. All illuminated signs or structures shall be placed so as to prevent the light rays
or illumination from being cast directly on any residence.
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SECTION 131 -- COMPUTATIONS
The area and height of a sign shall be computed as follows:
1. Area of Individual Signs. The area of a sign shall be computed by means of the smallest square,
circle, rectangle, triangle or combination thereof which will encompass the extreme limits of the
writing, representation, emblem, or other display, together with any material or color forming an
integral part of the background of the display or used to differentiate the sign from the backdrop or
structure against which it is placed, but not including any supporting framework, bracing,
ornamental base or trim.
If the sig n consists of more than one section or module, all of the area, including that between
sections or modules, shall be included in the computation of the sign area.
2. Multi-Faced Signs - Computation of Area. For multi-faced signs, the sign area shall include all sign
faces visible from any one (1) point. When two (2) identical sign faces are placed back to back so
that both faces cannot be viewed from any point at the same time, and when the backs for such sign
faces are part of the same sign structure and are not more than forty-two (42) inches apart, the sign
area shall be computed by the measurement of one (1) of the larger faces.
3. Height. Height shall be measured from: (i) the higher of the unaltered grade of the terrain of the
sign location or (ii) the elevation of the grade of the road shoulder perpendicular to the sign,
whichever is higher, to the uppermost part of the sign or sign structure, whichever is higher.
SECTION 132 -- PROHIBITED SIGNS
(Revised 11/5/01)
The following signs are prohibited:
1. Any non-governmental sign which resembles a public safety warning or traffic sign;
2. Signs with animated, blinking, chasing, flashing or moving effects except as used to display time,
temperature and messages on an electronic message board, no signs shall contain flashing lights.
(Revised 11/5/01)
3. Animated, rotating, or other moving or apparently moving signs. (Revised 11/5/01)
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SECTION 133 - SIGN MAINTENANCE
All signs supports, braces, poles, wires and other appurtenances of the sign or sign structure shall be
kept in good repair, maintained in a safe condition, and shall conform to the standards in this section
and the North Carolina State Building Codes.
Maintenance of sign supports, braces, poles, wires and other appurtenances of the sign or sign structure
and not the result of damage or destruction shall not require a zoning permit, provided the sign is not
enlarged, moved, or altered in any manner which would create or increase a nonconforming condition.
A sign face shall be in a state of disrepair when more than twenty (20%) of its' total surface is disfigured,
cracked, ripped or peeling paint or poster paper, or any combination of these conditions.
No sign shall be allowed to stand with bent or broken sign facing, broken supports, loose appendages
or struts.
No sign or sign structure shall be allowed to have weeds, vines or other vegetation growing on it and
obscuring it from the road or highway from which it is intended to be viewed.
No illuminated sign shall be allowed to operate with partial illumination.
SECTION 134 -- NONCONFORMING SIGNS
All signs made nonconforming by this article, but which were lawfully established may continue
provided that no such sign shall be: changed or replaced with another nonconforming sign except that
copy may be changed on an existing sign; expanded; relocated except in conformance with the
requirements of this ordinance; reestablished after damage or destruction in excess of sixty percent (60)
percent of the fair market value immediately prior to the time of the damage or destruction; modified
in any way which increases the sign's degree of nonconformity; or reestablished after the sign structure
has been removed.
As soon as reasonably po ssible after the effective date of this amendment, the zoning administrator
shall make every reasonable effort to identify all the nonconforming signs with the county's planning
jurisdiction.
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ARTICLE XIII
ADMINISTRATIVE POWERS AND DUTIES (Amended 5/3/21)
SECTION 140 - ADMINISTRATION
140-1 DUTIES - Duties assigned to staff may include, but are not limited to, drafting and implementing
plans and development regulations to be adopted pursuant to this Ordinance; determining whether
applications for development approvals are complete; receipt and processing applications for
development approvals; providing notices of applications and hearings; making decisions and
determinations regarding development regulation implementation; determining whether applications
for development approvals meet applicable standards as established by law and local ordinance;
conducting inspections; issuing or denying certificates of compliance or occupancy; enforcing
development regulations, including issuing notices of violation, orders to correct violations, and
recommending bringing judicial actions against actual or threatened violations; keeping adequate
records; and any other actions that may be required in order adequately to enforce the laws and
development regulations under their jurisdiction. A development regulation may require that designated
staff members take an oath of office. The local government shall have the authority to enact ordinances,
procedures, and fee schedules relating to the administration and the enforcement of this Ordinance. The
administrative and enforcement provisions related to building permits set forth in N.C.G.S. Article 11
shall be followed for those permits (N.C.G.S. 160D-402).
140-2 - CONFLICT OF INTEREST - No staff member shall make a final decision on an administrative
decision required in this Ordinance if the outcome of that decision would have a direct, substantial, and
readily identifiable financial impact on the staff member or if the applicant or other person subject to
that decision is a person with whom the staff member has a close familial, business, or other
associational relationship. If a staff member has a conflict of interest under this section, the decision
shall be assigned to the supervisor of the staff person or such other staff person as may be designated
by the development regulation or other ordinance. No staff member shall be financially interested or
employed by a business that is financially interested in a development subject to regulation under this
Ordinance unless the staff member is the owner of the land or building involved. No staff member or
other individual or an employee of a company contracting with a local government to provide staff
support shall engage in any work that is inconsistent with his or her duties or with the interest of the
local government, as determined by the local government (N.C.G.S. 160D-109)
140-3 - The Zoning Enforcement Officer who shall be appointed by the Person County Board
ofCommissioners is duly charged with the enforcement of the provisions of this ordinance. If the
Zoning Enforcement Officer finds that any of the provisions of this ordinance are being violated, he
shall notify in writing the person(s) responsible for such violations, indicating the nature of the violation
and ordering the action(s) necessary to correct it. He shall also take any other action authorized by this
ordinance to ensure compliance with or to prevent violation of its provisions.
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SECTION 141 APPROVALS AND COMPLIANCE
141-1 ZONING PERMIT (Amended 11/18/91; 3/17/97; 5/3/21)
a) Unless otherwise stated in this ordinance, no building, structure (a sign is considered a structure)
or any part thereof designed or intended to be used for other than farm or agricultural purposes,
shall be erected or altered until Zoning permit has been issued by the Zoning Administrator or
authorized representative. (Amended 3/17/97)
b) Each application for a Zoning Permit shall be accompanied by a plat, drawn to scale, showing
accurate dimensions of the lot to be built upon, accurate dimensions of the building to be
erected, its location on the lot, and such other information as may be necessary to provide for
the enforcement of this ordinance. An accurate record of such applications and plats, together
with a record of the action taken thereon shall be kept in the office of the Person County
Planning Department. The Zoning Enforcement Officer may waive any of these application
requirements.
c) Zoning Permit Application Issuance. Any zoning permit shall become invalid unless the work
authorized by it shall have been commenced within six (6) months of the date of issue, or if the
work authorized by it is suspended or abandoned for a period of one (1) year. The zoning permit
shall become invalid if the work authorized by it is not completed within one (1) year of the
date of issuance of the zoning permit. Application may be made to the Zoning Administrator
for a new zoning permit to replace any permit which becomes invalid under this section. In the
event a new permit is denied by the Zoning Administrator, an appeal may be made to the Board
of Adjustment.
141-2 PERMIT OF OCCUPANCY/ COMPLIANCE
a) No land shall be used or occupied, except for farm purposes, and no building or structure erected
or altered shall be used or changed in use for other than farm purposes until a Permit of
Occupancy/Compliance has been issued by the Zoning Enforcement Officer stating that the
building and/or the proposed use complies with the provisions of this ordinance. A permit of
the same shall be required for the purpose of changing any existing use as well as for
maintaining, reviewing, changing or extending any nonconforming use. The aforementioned
Permit shall be applied for coincidentally with the application for a Zoning Permit and shall be
issued within ten (10) working days after notification to the Zoning Enforcement Officer of
completion of the erection or alterations of such building or part in conformity with the
provisions of this ordinance. A record of all such certificates shall be kept on file in the office
of the Zoning Enforcement Officer(s), and copies shall be furnished, upon request, to any person
having a proprietary or tenancy interest in the building or land.
b) No gas, electric, or water company or municipal departments shall provide utility services or
install a meter at a construction site unless a Zoning Permit has been issued for a building or
use at that location. No gas, electric, or water company or municipal department shall provide
utility service or install a meter in any building or premise or part thereof hereafter, created,
erected, changed, converted, altered or enlarged, wholly or part in its use or structure unless a
Certificate of Compliance shall have been issued thereof.
c) PERFORMANCE GUARANTEES
1. In the event that the required improvements or construction has not been completed prior to
the final zoning inspection, the developer shall guarantee the completion of the required
78
improvements in a development by means of a bond with surety or other guarantees
satisfactory to the County Manager or his/her designee in an equal amount to one-hundred
ten percent (125%) of the estimated cost of the required improvements whereby
improvements may be made and utilities installed. The reasonably estimated cost of
completion shall include one hundred percent (100%) of the costs for labor and materials
necessary for completion of the required improvements. Where applicable, the costs shall
be based on unit pricing. The additional ten percent (25%) allowed under this section
includes inflation and all costs of administration regardless of how such fees or charges are
denominated. One of the following methods shall be pursued by the developer to ensure the
installation of said improvements:
a) Filing a performance or surety bond with the developer/property owner as principal
and a surety approved by the County Manager or his/her designee upon
recommendation of the County Engineer; and in an amount approved by the County
Manager or his/her designee upon recommendation of the County Engineer, or,
b) Depositing or placing in escrow a certified check or cash in an amount to be
determined by the County Manager or his/her designee upon recommendation of the
County Engineer. Portions of the security deposit may be released as the work
progresses, or,
c) Filing an irrevocable letter of credit guaranteeing payment to Person County in the
event of default in an amount to be determined by the County Manager or his/her
designee upon recommendation of the County Engineer, or,
d) Other form of guarantee that provides equivalent security to a surety bond or letter
of credit. (SL 2019-79 SB 313)
2. The duration of the performance guarantee shall initially be one year, unless the developer
determines that the scope of work for the required improvements necessitates a longer
duration. In the case of a bonded obligation, the completion date shall be set one year from
the date the bond is issued, unless the developer determines that the scope of work for the
required improvements necessitates a longer duration. (SL 2019-79 SB 313)
3. The developer shall have the option to post one type of a performance guarantee as provided
for in this subsection, in lieu of multiple bonds, letters of credit, or other equivalent security,
for all development matters related to the same project requiring performance guarantees.
Performance guarantees associated with erosion control and stormwater control measures
are not subject to the provisions of this section. (SL 2019-79 SB 313)
4. A developer shall demonstrate reasonable, good-faith progress toward completion of the
required improvements that are secured by the performance guarantee or any extension. If
the improvements are not completed to the specifications of the Person County, and the
current performance guarantee is likely to expire prior to completion of the required
improvements, the performance guarantee shall be extended, or a new performance
guarantee issued, for an additional period; provided, however, that the extension shall only
be for a duration necessary to complete the required improvements. If a new performance
guarantee is issued, the amount shall be determined by the procedure provided in this
subsection and shall include the total cost of all incomplete improvements. (SL 2019-79 SB
313)
5. A performance bond or other guaranty as allowed in this subsection may be reduced
proportionally upon the satisfactorily completion of some of the required improvements.
Any reduction shall be limited only to that percentage of completion as determined and
certified by the Zoning Administrator. The reduction shall not exceed 75% of the said
original bond or guaranty.
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6. When the required improvements have been completed the developer shall notify the
Planning and Zoning Administrator. The Planning and Zoning Administrator shall request
comments relative to those improvements from the North Carolina Department of
Transportation, the Soil Conservation Service and the Person County Health Department,
who will notify the Planning and Zoning Administrator that the improvements have been
installed to their satisfaction. The Planning and Zoning Administrator shall request in
writing to the County Manager to release the bond, letter of credit or funds from escrow.
When required improvements that are secured by a bond are completed to the specifications
of Person County, or are accepted by Person County, if subject to county acceptance, upon
request by the developer, Person County shall timely provide written acknowledgement that
the required improvements have been completed. In the event of default by the developer,
the County Manager is authorized to call for payment of the bond or letter of credit or to
release security from escrow and to utilize such funds for the completion of improvements
in a manner as determined by the Board of Commissioners. SL 2019-79 SB 313)
SECTION 142 ENFORCEMENT AND PENALTIES
142-1 INSPECTIONS - Local Administrative staff may inspect work undertaken pursuant to a
development approval to assure that the work is being done in accordance with applicable State and
local laws and of the terms of the approval. In exercising this power, staff are authorized to enter any
premises within the jurisdiction of the local government at all reasonable hours for the purposes of
inspection or other enforcement action, upon presentation of proper credentials, provided the
appropriate consent has been given for inspection of areas not open to the public or that an appropriate
inspection warrant has been secured (N.C.G.S. 403(e)).
142-2 NOTICE OF VIOLATION - When staff determines work or activity has been undertaken in
violation of a development regulation adopted pursuant to this Ordinance or other local development
regulation or any State law delegated to the local government for enforcement purposes in lieu of the
State or in violation of the terms of a development approval, a written notice of violation may be issued.
The notice of violation shall be delivered to the holder of the development approval and to the
landowner of the property involved, if the landowner is not the holder of the development approval, by
personal delivery, electronic delivery, or first class mail and may be provided by similar means to the
occupant of the property or the person undertaking the work or activity. The notice of violation may be
posted on the property. The person providing the notice of violation shall certify to the local government
that the notice was provided and the certificate shall be deemed conclusive in the absence of fraud.
Except as provided by N.C.G.S. 160D-11-23, 160D-12-6, or otherwise provided by law, a notice of
violation may be appealed to the Board of Adjustment pursuant to N.C.G.S. 160D-4-5.2 (N.C.G.S. 404-
(a)).
142-3 REVOCATION OF DEVELOPMENT APPROVAL - Development approvals may be revoked by
the lo cal government issuing the development approval by notifying the holder in writing stating the
reason for the revocation. The local government shall follow the same development review and
approval process required for issuance of the development approval, including any required notice or
hearing, in the review and approval of any revocation of that approval. Development approvals shall
be revoked for any substantial departure from the approved application, plans, or specifications; for
refusal or failure to comply with the requirements of any applicable local development regulation or
any State law delegated to the local government for enforcement purposes in lieu of the State; or for
false statements or misrepresentations made in securing the approval. Any development approval
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mistakenly issued in violation of an applicable State or local law may also be revoked. The revocation
of a development approval by a staff member may be appealed to the Board of Adjustment pursuant to
N.C.G.S. 160D-405. If an appeal is filed regarding a development regulation adopted by a local
government pursuant to this Chapter, the provisions of N.C.G.S. 160D-405(e) regarding stays shall be
applicable (N.C.G.S. 160D-403(f)).
142-4 PENALTIES
a) Subject to the provisions of the development regulation, any development regulation adopted
pursuant to authority conferred by N.C.G.S Article 4 may be enforced by any of the following
remedies:
1. Any person, firm or corporation who violates any provision of this ordinance shall be
guilty of a Cla ss 3 misdemeanor and shall be fined not more than five hundred dollars
($500).
2. Each day a violation exists shall be a separate violation hereunder. (Amended
11/17/2003)
b) This Ordinance may be enforced by an appropriate equitable remedy, including temporary
restraining order, preliminary injunction and permanent injunction as issued by a court of
competent jurisdiction. (Amended 11/17/03) (N.C.G.S. 160D-404(c)).
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ARTICLE XIV
DEVELOPMENT APPLICATION REVIEW PROCEDURES AND ADMINISTRATION
(Amended 5/3/21)
SECTION 150 GENERAL
a) This article establishes the procedures for all approvals, administrative reviews and
administrative relief required by this Ordinance. This article provides the user with a guide to
the procedures to be followed and the criteria for making decisions on each of the applications.
It also provides for appeals from decisions taken to the courts.
b) Development approvals shall be in writing and may contain a provision that the development
shall comply with all applicable State and local laws. Person County may issue development
approvals in print or electronic form. Development approvals issued exclusively in electronic
form shall be protected from further editing once issued (N.C.G.S. 160D-403).
c) All rights, privileges, benefits, burdens, and obligations created by development approvals
made pursuant to this Article and the North Carolina General Statute attach to and run with the
land (N.C.G.S. 160D-104).
d) Applications for development approvals may be made by the landowner, a lessee or person
holding an option or contract to purchase or lease land, or an authorized agent of the landowner.
An easement holder may also apply for development approval for such development as is
authorized by the easement (N.C.G.S. 160D-403).
150-1 DURATION OF APPROVAL
a) Development approvals are valid for the following time periods:
1. Development approvals (Zoning permits, Stormwater permits and Floodplain permits)
1 Year
2. Site-specific vesting plans (Special Use Permits, PUDs, subdivision plats, site plans,
preliminary or general development plans, CD-rezonings, and formerly site specific and
phased development plans) 2-5 Years
3. Multi-phased development plans Up to 7 Years
b) After a development approval has been issued, no deviations from the terms of the application
or the development approval shall be made until written approval of proposed changes or
deviations has been obtained. This section defines major modifications to development
approvals that cannot be exempted or administratively approved. Person County shall follow
the same development review and approval process required for issuance of the development
approval in the review and approval of any major modification of that approval (N.C.G.S.
160D-403).
c) Development approvals shall be revoked for any substantial departure from the approved
application, plans, or specifications; for refusal or failure to comply with the requirements of
any applicable local development regulation or any State law delegated to the local government
for enforcement purposes in lieu o f the State; or for false statements or misrepresentations made
in securing the approval. Any development approval mistakenly issued in violation of an
applicable State or local law may also be revoked. Development approvals may be revoked by
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notifying the holder in writing stating the reason for the revocation. Person County shall follow
the same development review and approval process required for issuance of the development
approval, including any required notice or hearing, in the review and approval of any revocation
of that approval. The revocation of a development approval by a staff member may be appealed
to the Board of Adjustment (N.C.G.S. 160D-403).
150-2 Whenever the Board of Commissioners or Board of Adjustment disapproves a petition from a
member of the public (i.e., appeal, request for a special use permit, variance, request for an
interpretation, request for text or official Planning Map Amendment, vested rights, etc.) on any basis
other than the failure of the applicant to submit a complete application, such action may not be
considered until a period of twelve months’ elapses, unless applicant clearly demonstrates that:
1. Circumstances affecting the property that is the subject of the application have substantially
changed; or,
2. New information is available that could not with reasonable diligence have been presented
at a previous hearing. A request to be heard on this basis must be filed with the Zoning
Administrator within the time period for an appeal to superior court. However, such a
request does not extend the period with which an appeal must be taken.
Notwithstanding items (1) and (2) listed above, the applicable Board, may at any time consider a new
application affecting the same property as an application previously denied. A new application is one
that differs in some substantial way from the one previously considered. This determination shall be
rendered by the Zoning Administrator within 30 days from the date of submittal. (Amended 8/5/96)
150-3 Appeals may be made to the Board of Adjustment for any administrative determination under a
development regulation, except for Special Use Permits. The owner or other party shall have 30 days
from receipt of the written notice of the determination within which to file an appeal. Any other person
with standing to appeal shall have 30 days from receipt from any source of actual or constructive notice
of the determination within which to file an appeal. In the absence of evidence to the contrary, given
by first class mail shall be deemed received on the third business day following deposit of the notice
for mailing with the United States Postal Service (N.C.G.S. 160D-405).
SECTION 151 - CONDITIONAL USE PERMITS AND SPECIAL USE DISTRICTS ISSUED
PRIOR TO 5/3/2021
151-1 Any special use district or conditional use district zoning district that is valid and in effect as of
January 1, 2021 shall be deemed a conditional zoning district consistent with the terms of the North
Carolina General Statute 160D and the special or conditional use permit s issued concurrently with
establishment of those districts shall be valid as specified in North Carolina State Law 2019-111
Section 8.1. Any valid “conditional use permit” issued prior to January 1, 2021 shall be deemed a
“special use permit” consistent with the provisions of the North Carolina General Statute 160D.
SECTION 152 - ZONING PERMITS
152-1 Each application for a Zoning Permit shall be accompanied by a plat, drawn to scale, showing
accurate dimensions of the lot to be built upon, accurate dimensions of the building to be erected, its
location on the lot, and such other information as may be necessary to provide for the enforcement of
this ordinance. An accurate record of such applications and plats, together with a record of the action
taken thereon shall be kept in the office of the Planning and Zoning Department. The Zoning
Enforcement Officer may waive any of these application requirements.
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SECTION 153 – AMENDMENTS TO THE ZONING MAP OR ORDINANCE
(Amended 8/5/96; Amended 11/5/01; 7/22/02; Amended 3/13/2006; 9/2/2008; 5/3/21; Added:
3/13/2006)
153-1 Zoning district boundaries adopted pursuant to this Ordinance shall be drawn on a map that is
adopted or incorporated within a duly adopted development regulation. Zoning district maps that are
so adopted shall be maintained for public inspection in the office of the local government clerk or such
other office as specified in the development regulation. The maps may be in paper or a digital format
approved by the local government (N.C.G.S. 160D-105). Staff will maintain up to date maps following
case approval (N.C.G.S. 160D-105).
153-2 INITIATION OF AMENDMENT - The Board of Commissioners may, at any time, amend,
supplement, change, modify or repeal the boundaries or regulations in this Ordinance, or subsequently
amended. Proposed changes or amendments may be initiated by the Board of Commissioners, Planning
Board, Board of Adjustment, or by one or more owners, optionees or lessees of property within the
area proposed to be changed or affected. This may be done in accordance with the provisions of this
section.
153-3 SUBMISSION OF PETITIONS - Petitions to amend this Ordinance or t he zoning map shall be
submitted to the Planning and Zoning Department for review according to the adopted Planning Board
and Board of Commissioners yearly schedule. The petition shall include the following:
1. A completed Application for Map Amendment or Application for Text Amendment.
2. For Amendments to the Official Planning Map, a map drawn to scale showing the exterior
boundaries of the lot(s) which will be covered by the proposed map amendment;
3. For amendments to the Planning Ordinance text, a copy of the existing text provisions which
the applicant proposes for amendment, and a written statement which describes in detail
changes the applicant proposes to make to the text of the Ordinance.
4. The alleged error in the Official Planning Map and/or Planning Ordinance Text which will be
corrected by the proposed amendment with a detailed explanation of such and detailed reasons
how the proposed amendment will correct the same;
5. The changed or changing conditions, if any, in the area or in the County generally, which makes
the proposed Official Planning Map and/or Planning Ordinance text amendment reasonable
necessary to the promotion of the public health, safety and general welfare;
6. The manner in which the proposed Official Planning Map and/or Planning Ordinance text
amendment will carry out the intent and purpose of the Comprehensive Plan or part thereof;
and,
7. All other circumstances, factors and reasons which the applicant offers in support of the
proposed Official Planning Map and/or Planning Ordinance text amendment. (Amended
8/5/96)
Each petition, unless initiated by the Board of Commissioners, Planning Board, Board of
Adjustment, or staff, shall be accompanied by a fee to defray the cost of advertising and other
administrative costs involved.
153-4 PLANNING BOARD REVIEW AND RECOMMENDATION - After submission of a completed
application, the Zoning Administrator will schedule a public hearing for the Planning Board in
accordance with the published Planning Board meeting schedule on file in the Planning and Zoning
Department. A notice of such public hearing shall be published once a week for two (2) consecutive
weeks in a newspaper of general circulation in Person County. Said notice shall be published the first
time not less than ten (10) days and not more than twenty-five (25) days prior to the date established
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for such public hearing. (Amended 11/5/01; 7/22/02; 3/13/2006). For map amendments, the Zoning
Administrator will be responsible for mailing written notices to all property owners within 500’ of the
property including the applicant and properties separated from the subject property by street, railroad,
and other transportation corridor (N.C.G.S. 160D-602). The Zoning Administrator shall require that
notice be posted on the land subject to the application within the same time period specified for mailed
notices of the hearing (N.C.G.S. 160D-602). The applicant shall post the notice on weatherproof signs
supplied by the Planning and Zoning Department, one sign per each road frontage and no more than
25’ from the street right-of-way. Signs must be clearly visible from the street and designate “Zoning
Proposal Pending” with the phone number of the Planning and Zoning Department. When multiple
parcels are included, a posting on each individual parcel is not required, but there should be reasonable
notice provided to interested persons.
a) When conducting a review of proposed zoning text or map amendments pursuant to this section,
the Planning Board shall advise and comment on whether the proposed action is consistent with
the County’s comprehensive plan that has been adopted. The Planning Board shall provide a
written recommendation to the Board of Commissioners that addresses plan consistency and
other matters as deemed appropriate by the Planning Board, but a comment by the Planning
Board that a proposed amendment is inconsistent with the comprehensive plan shall not
preclude consideration or approval of the proposed amendment by the Board of Commissioners
(N.C.G.S. 160D-604 (d)).
b) When reviewing any zoning text or map amendment, the Planning Board shall approve a brief
statement describing whether its action is consistent or inconsistent with the adopted
comprehensive plan and a brief statement of reasonableness. The statement of reasonableness
and plan consistency required in this section may be approved as a single statement. Board
members may adopt this statement when acting upon the zoning text or map amendment or as
a separate motion (N.C.G.S. 160D-605).
153-5 BOARD OF COMMISSIONERS PUBLIC HEARING
a) The Zoning Administrator will schedule a public hearing for the Board of Commissioners in
accordance with that year's adopted schedule. A notice of such public hearing shall be published
once a week for two (2) consecutive weeks in a newspaper of general circulation in Person
County. Said notice shall be published the first time not less than ten (10) days and not more
than twent y-five (25) days prior to the date established for such public hearing. (Amended
7/22/02).
b) The Planning Board shall provide a written recommendation to the Board of Commissioners
that addresses whether the proposed amendment is consistent with the comprehensive plan, but
a comment by the Planning Board that a proposed amendment is inconsistent with the
comprehensive plan shall not preclude consideration or approval of the proposed amendment
by the Board of Commissioners. Prior to adopting or rejecting any zoning amendment, the
Board of Commissioners shall adopt a statement describing whether its action is consistent with
an adopted comprehensive plan and why such action is reasonable and in the public interest.
(Added 3/13/2006)
c) The Planning Board shall have 30 days within which to submit its recommendation to the Board
of Commissioners. If no written report is received from the Planning Board within thirty days,
the Board of Commissioners may proceed in its consideration of the amendment without the
Planning Board report. The Board of Commissioners is not bound by the recommendation, if
any, of the Planning Board. (Amended 7/22/02; 3/13/2006)
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d) When adopting or rejecting any zoning text or map amendment, the Board of Commissioners
shall approve a brief statement describing whether its action is consistent or inconsistent with
the adopted comprehensive plan and a brief statement of reasonableness. The statement of
reasonableness and plan consistency required in this section may be approved as a single
statement. Board members may adopt this statement when acting upon the zoning text or map
amendment or as a separate motion (N.C.G.S. 160D-605).
e) A simple majority vote of the Board of Commissioners shall be the required minimum to amend
this ordinance when recommendation from the Planning Board is received.
153-6 OTHER DEVELOPMENT REGULATION AMENDMENTS - All other development regulations
governed by Person County and enforced by the Planning and Zoning Department shall be subject to
the above procedure when amended by the public, Board of Commissioners, Board of Adjustment,
Planning Board, or staff.
153-7 THIRD-PARTY DOWNZONING - Third-party downzoning submitted after July 11, 2019, unless
initiated by a Person County Board or staff member, are prohibited unless written consent is obtained
from the property owner(s) (N.C.S.L 2019-111, Part 1).
SECTION 154 – CONDITIONAL DISTRICT (CD) REZONINGS (Added: 5/3/21)
154-1 Conditional zoning districts provide for those situations where a particular use, properly planned,
may be appropriate for a particular site, but where the general district has insufficient standards to
mitigate the site-specific impact on surrounding areas. Uses which may be considered for a conditional
zoning district are restricted to those uses permitted in the corresponding general zoning district.
Conditional Zoning Districts are established on an individualized basis, only in response to a petition
by the owners of all the property to be included. Zoning of a conditional zoning district is not intended
for securing early or speculative reclassification of property.
154-2 SUBMISSION OF PETITIONS - Petitions shall be submitted to the Planning and Zoning
Department for review according to the adopted Planning Board and Board of Commissioners yearly
schedule. The petition shall include the following:
1. A completed Application for CD-Rezoning Map Amendment accompanied by a site plan,
prepared by a North Carolina registered land surveyor, engineer, or architect. The site plan,
drawn to scale, shall depict the following:
a. The boundary of the lot(s) to be developed labeled with bearings and distances, total
gross land area, location of easement(s), utilities, adjacent road name(s) and number(s);
b. Name of project, property owner and applicant, vicinity map, north arrow, scale, date of
plan preparation and subsequent revisions dates;
c. Topography of site, at contour interval no greater than ten (10) feet, location of perennial
and intermittent waters, 100 year flood plains;
d. Location and approximate size of all existing and proposed buildings and structures
within the site and existing buildings and structures within five hundred feet adjacent
thereto;
e. Proposed points of ingress and egress together with the proposed pattern of internal
circulation;
f. Existing and proposed parking spaces;
g. Proposed provisions for water supply and sewage disposal;
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h. If the site is located in a designated drinking water supply watershed, the plan shall
also:
i. Depict the location of existing (labeled according to the date of establishment)
and proposed impervious surfaces and respective totals in square feet;
ii. The total land area of the lot(s) outside of the road right-of-way(s) in square feet.
The property owner and/or applicant shall have the burden of proving that the
proposed special use will not materially injure the value of adjoining or abutting
property.
Each petition shall be accompanied by a fee to defray the cost of advertising and other
administrative costs involved.
154-3 PLANNING BOARD REVIEW AND RECOMMENDATION - After submission of a completed
application, the Zoning Administrator will schedule a public hearing for the Planning Board in
accordance with the published Planning Board meet ing schedule on file in the Planning and Zoning
Department . A notice of such public hearing shall be published once a week for two (2) consecutive
weeks in a newspaper of general circulation in Person County. Said notice shall be published the first
time not less than ten (10) days and not more than twenty-five (25) days prior to the date established
for such public hearing. The Zoning Administrator will be responsible for mailing written notices to all
property owners within 500’ of the property including the applicant and properties separated from the
subject property by street, railroad, and other transportation corridor (N.C.G.S. 160D-602). The Zoning
Administrator shall require that notice be posted on the land subject to the application within the same
time period specified for mailed notices of the hearing (N.C.G.S. 160D-602). The applicant shall post
the notice on weatherproof signs supplied by the Planning and Zoning Department, one sign per each
road frontage and no more than 25’ from the street right -of-way. Signs must be clearly visible from the
street and designate “Zoning Proposal Pending” with the phone number of the Planning and Zoning
Department. When multiple parcels are included, a posting on each individual parcel is not required,
but there should be reasonable notice provided to interested persons.
a) When conducting a review of proposed map amendments pursuant to this section, the Planning
Board shall advise and comment on whether the proposed action is consistent with the County’s
comprehe nsive plan that has been adopted. The Planning Board shall provide a written
recommendation to the Board of Commissioners that addresses plan consistency and other
matters as deemed appropriate by the Planning Board, but a comment by the Planning Board
that a proposed amendment is inconsistent with the comprehensive plan shall not preclude
consideration or approval of the proposed amendment by the Board of Commissioners
(N.C.G.S. 160D-604 (d)).
b) When reviewing any map amendment, the Planning Board shall approve a brief statement
describing whether its action is consistent or inconsistent with the adopted comprehensive plan
and a brief statement of reasonableness. The statement of reasonableness and plan consistency
required in this section may be approved as a single statement. Board members may adopt this
statement when acting upon the zoning text or map amendment or as a separate motion
(N.C.G.S. 160D-605).
154-4 BOARD OF COMMISSIONERS PUBLIC HEARING
a) The Zo ning Administrator will schedule a public hearing for the Board of Commissioners in
accordance with that year's adopted schedule. A notice of such public hearing shall be published
once a week for two (2) consecutive weeks in a newspaper of general circulation in Person
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County. Said notice shall be published the first time not less than ten (10) days and not more
than twenty-five (25) days prior to the date established for such public hearing. (Amended
7/22/02)
b) The Planning Board shall provide a written recommendation to the Board of Commissioners
that addresses whether the proposed amendment is consistent with the comprehensive plan, but
a comment by the Planning Board that a proposed amendment is inconsistent with the
comprehensive plan shall not preclude consideration or approval of the proposed amendment
by the Board of Commissioners. Prior to adopting or rejecting any zoning amendment, the
Board of Commissioners shall adopt a statement describing whether its action is consistent with
an adopted comprehensive plan and why such action is reasonable and in the public interest.
(Added 3/13/2006)
c) The Planning Board shall have 30 days within which to submit its recommendation to the Board
of Commissioners. If no written report is received from the Planning Board within thirty days,
the Board of Commissioners may proceed in its consideration of the amendment without the
Planning Board report. The Board of Commissioners is not bound by the recommendation, if
any, of the Planning Board. (Amended 7/22/02; 3/13/2006).
d) When adopting or rejecting any map amendment, the Board of Commissioners shall approve a
brief statement describing whether its action is consistent or inconsistent with the adopted
comprehensive plan and a brief statement of reasonableness. The statement of reasonableness
and plan consistency required in this section may be approved as a single statement. Board
members may adopt this statement when acting upon the zoning text or map amendment or as
a separate motion (N.C.G.S. 160D-605).
e) A CD-Rezoning must be adopted by ordinance per N.C.G.S 160D-601(c).
f) Conditions and site-specific standards imposed in a conditional district shall be limited to those
that address the conformance of the development and use of the site to local government
ordinances, and plans adopted pursuant to N.C.G.S. 160D-5-1, or and those that address the
impacts reasonably expected to be generated by the development or use of the site (N.C.G.S.
160D-703). However, the Board may impose conditional-zoning conditions that go beyond
basic zoning authority to address additional fees, design requirements, and other development
considerations with the applicant’s/landowner’s written consent (N.C. S.L. 2019-111).
g) Following approval from the Board of Commissioners, the Zoning Administrator shall obtain
the applicant/landowner’s written consent to conditions related to a conditional-zoning approval
to ensure enforceability (N.C. S.L. 2019-111).
154-5 MODIFICATIONS OF CD-REZONINGS - The Zoning Administrator may approve minor
changes to final plans approved by the Board of Commissioners if with such minor changes the
development remains substantially consistent with the Board's approval and with all other provisions
of this Ordinance and applicable rules and regulations. The Zoning Administrator may not approve
changes that would constitute a major change of or modification to a CD-Rezoning. By way of example,
but not of limitation, any of the following shall constitute a major modification requiring an application
to be resubmitted in accordance with applicable ordinance provisions:
1. A change from the use approved;
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2. Structural alterations significantly affecting the basic size, form, style, ornamentation, and
appearance of principal and/or accessory structures as shown the plan;
If multiple parcels of land are subject to a conditional zoning, the owners of individual parcels
may apply for modification of the conditions so long as the modification would not result in
other properties failing to meet the terms of the conditions. Any modifications approved shall
only be applicable to those properties whose owners petition for the modification (N.C.G.S
160D-703).
SECTION 155 - SPECIAL USE PERMITS (Amended 5/3/21)
155-1 Special uses are land uses which in some circumstances may be compatible with and desirable
in the districts in which they are designed as special uses, but they may also have characteristics which
could have detrimental effects on adjacent properties if not properly designed and controlled. Special
uses add flexibility to the Planning Ordinance. By means of controls exercised through the Special Use
Permit procedures, property uses which would otherwise be undesirable in certain districts can be
developed to minimize any bad effects they might have on surrounding properties.
155-2 SUBMISSION OF PETITIONS - Petitions for special use permits shall be submitted to the
Planning and Zoning Department for review according to the published Board of Commissioners yearly
meeting schedule on file in the Planning and Zoning Department. The petition shall include the
following:
1. A complete Application for a Special Use Permit accompanied by a site plan, prepared by a
North Carolina registered land surveyor, engineer, or architect. The site plan, drawn to scale,
shall depict the following: (amended 9/2/2008)
1. The boundary of the lot(s) to be developed labeled with bearings and distances, total
gross land area, location of easement(s), utilities, adjacent road name(s) and number(s);
2. Name of project, property owner and applicant, vicinity map, north arrow, scale, date of
plan preparation and subsequent revisions dates;
3. Topography of site, at contour interval no greater than ten (10) feet, location of perennial
and intermittent waters, 100 year flood plains;
4. Location and approximate size of all existing and proposed buildings and structures
within the site and existing buildings and structures within five hundred feet adjacent
thereto;
5. Proposed points of ingress and egress together with the proposed pattern of internal
circulation;
6. Existing and proposed parking spaces;
7. Proposed provisions for water supply and sewage disposal;
8. If the site is located in a designated drinking water supply watershed, the plan shall also:
a. Depict the location of existing (labeled according to the date of establishment)
and proposed impervious surfaces and respective totals in square feet;
b. The total land area of the lot(s) outside of the road right-of-way(s) in square feet.
The property owner and/or applicant shall have the burden of proving that the
proposed special use will not materially injure the value of adjoining or abutting
property.
9. In addition to requirements listed above, a Special Use Permit site plan for a radio,
telephone or television tower must show compliance with Note 9 of this ordinance.
(Amended 7/1/2002)
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10. In addition to requirements listed above and those listed in Section 81 of this Ordinance,
a Special Use Permit site plan for a camper/recreational vehicle park must show
compliance with the following:
a) A minimum lot size of two acres is required.
b) Density to be 2500 square feet for each tent or trailer space.
c) A minimum undisturbed fifty foot buffer from all property lines.
d) Each campsite shall contain a stabilized parking pad of either pavement or gravel
and one off-street parking space.
e) A sanitary source of drinking water shall be not more than 200 feet, toilet
facilities not more than 400 feet and wash houses not more than 1500 feet from
any tent or trailer space. This provision shall not apply where community water
and sewer connections are provided to trailers having self-contained kitchens
and bathroom facilities. (Added 8/2/2010)
Each petition shall be accompanied by a fee to defray the cost of advertising and other
administrative costs involved.
155-3 BOARD OF COMMISSIONERS PUBLIC HEARING
a) After submission of a completed application, the Zoning Administrator will schedule a public
hearing for the Board of Commissioners in accordance with that year's adopted schedule. A
notice of such public hearing shall be published once a week for two (2) consecutive weeks in
a newspaper of general circulation in Person County. Said notice shall be published the first
time not less than ten (10) days and not more than twenty-five (25) days prior to the date
established for such public hearing. The Zoning Administrator will be responsible for mailing
written notices to all property owners within 500’ of the property including the applicant. The
Zoning Administrator shall require that notice be posted on the land subject to the application.
The applicant shall post the notice on weatherproof signs supplied by the Planning and Zoning
Department, one sign per each road frontage and no more than 25’ from the street right -of-way.
Signs must be clearly visible from the street and designate “Zoning Proposal Pending” with the
phone number of the Planning and Zoning Department.
b) The Board of Commissioners shall consider the application at a public hearing at which all
interested persons shall be permitted to testify. This hearing shall be used to gather competent,
material, and substantial evidence to establish the facts of the case. Testimony heard shall be
under oath. The Special Use Permit, if granted, shall include such approved plans as may be
required. In granting the permit, the Commissioners shall find the following:
1. That the use will not materially endanger the public health or safety if located where
proposed and developed according to the plan as submitted and approved.
2. That the use meets all required conditions and specifications.
3. That the use will not substantially injure the value of adjoining or abutting property, or
that the use is a public necessity, and
4. That the location and character of the use if developed according to the plan as submitted
and approved will be in harmony with the area in which it is to be located and in general
conformity with comprehensive plan.
c) In granting the permit, the Commissioners may designate such conditions, in addition and in
connection therewith, as well, in its opinion, assure that the use in its proposed location will be
harmonious with the area in which it is proposed to be located and with the spirit of this
ordinance. All such additional condit ions shall be entered in the minutes of the meeting at which
the permit is granted and also on the certificate of the Special Use Permit or on the plans
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submitted therewith. All specific conditions shall run with the land and shall be binding on the
original applicants for the Special Use Permits, their heirs, successors and assigns.
d) In addition to the specific conditions imposed by the regulations in this Article and whatever
additional conditions the Commissioners deem reasonable and appropriate, special uses shall
comply with the height, yard, area and parking regulations for the use district in which they are
permitted unless otherwise specified.
e) The findings of fact and conclusions of law shall be established in writing upon the Board’s
determination. This document shall be approved by the Board and signed by the chair or other
duly authorized member of the Board. A quasi-judicial decision is effective upon filing the
written decision with the clerk to the Board or such other office or official. The decision of the
Board shall be delivered within a reasonable time by personal delivery, electronic mail, or by
first -class mail to the applicant, landowner, and to any person who has submitted a written
request for a copy prior to the date the decision becomes effective (N.C.G.S. 160D-406). The
Zoning Administrator shall obtain the applicant/landowner’s written consent to conditions
related to a special use permit approval to ensure enforceability (N.C. S.L. 2019-111).
f) No appeal may be taken to the Board of Adjustment from the action of the Commissioners in
granting or denying a Special Use Permit. Any such action by the Commissioners shall be
considered as the equivalent of action on a proposed zoning amendment and shall be reviewable
only in the same manner as action on a proposed amendment.
g) In the event of failure to comply with the plans approved by the Commissioners or with any
other conditions imposed upon the Special Use Permit within a reasonable time in the opinion
of the Zoning Administrator, the permit shall thereupon become void and of no effect. No
building permits for further construction or certificates of occupancy under this Special Use
shall be issued.
155-4 MODIFICATIONS OF SPECIAL USE PERMITS - The Zoning Administrator may approve
minor changes to final plans approved by the Board of Commissioners if with such minor changes the
development remains substantially consistent with the Board's approval and with all other provisions
of this Ordinance and applicable rules and regulations. The Zo ning Administrator may not approve
changes that would constitute a major change of or modification to a Special Use Permit. Any change
which would require findings of fact or evidence in addition to those in the record of the public hearing
for the original Special Use Permit, or subsequent modifications, if any, shall be deemed a major
modification of the Special Use Permit. By way of example, but not of limitation, any of the following
shall constitute a major modification requiring an application to be resubmitted in accordance with
applicable ordinance provisions:
1. Significant changes in the zoning lot's boundaries, unless the purposes of this ordinance or of
the County's plan for the comprehensive development of the area within which the lot is located
are satisfied to an equivalent or greater degree. Substantial change in the boundaries of the site
if public purposes are not satisfied to an equivalent or greater degree;
2. A change from the use approved;
3. Significant changes in the location of principal and/or accessory structures and/or uses;
4. Structural alterations significantly affecting the basic size, form, style, ornamentation, and
appearance of principal and/or accessory structures as shown the plan;
5. Significant changes in pedestrian or vehicular access or circulation;
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6. Significant change in the amount or location of required landscape screening if an alternate
proposal does not provide the same or greater degree.
155-5 SPECIAL USE PERMITS AND VESTED RIGHTS - At the applicant's discretion, he or she may
also submit a site specific vesting plan and make application to the Commissioners for a vested right
status for the proposed use or development project. Vested right status may be applied for jointly with
the special use permit application or may be requested at a later date.
SECTION 156 - DEVELOPMENT AGREEMENTS (Added: 5/3/21)
156-1 Development projects often occur in multiple phases over several years, requiring a long term
commitment of both public and private resources. Such developments often create community impacts
and opportunities that are difficult to accommodate within traditional zoning processes. Development
agreements are used to better structure and manage development approvals for such developments and
ensure their proper integration into local capital facilities programs.
156-2 Person County may enter into development agreements with developers subject to the procedures
of this ordinance and the North Carolina General Statute (N.C.G.S. 160D-1001).
156-3 SUBMISSION OF PETITIONS - Petitions for development agreements shall be submitted to the
Planning and Zoning Department for review according to the adopted Board of Commissioners and
Planning Board yearly schedule. The submission shall include the following:
1. Application for Development Agreement
2. A site plan prepared by a North Carolina licensed surveyor, engineer, or landscape architect
depicting the items listed in the Person County Planning Ordinance Commercial and Industrial
Site Plan Requirements.
3. Proposed Development Agreement containing the following information at a minimum
(N.C.G.S. 160D-1006):
a. A description of the property subject to the agreement and the names of its legal and equitable
property owners.
b. The duration of the agreement.
c. The development uses permitted on the property, including population densities and building
types, intensities, placement on the site, and design.
d. Development schedule including commencement dates and interim completion dates at no
greater than five-year intervals.
e. If applicable, the following:
i. A description of public facilities that will serve the development, including who provides
the facilities, the date any new public facilities, if needed, will be constructed, and a
schedule to assure public facilities are available concurrent with the impacts of the
development. In the event that the development agreement provides that the local
government shall provide certain public facilities, the development agreement shall
provide that the delivery date of such public facilities will be tied to successful performance
by the developer in implementing the proposed development (such as meeting defined
completion percentages or other performance standards). The developer and local
government may, through negotiation, agree to the provision of and cost -sharing for public
facilities and other amenities related to development provided that any impact mitigation
measures offered by the developer beyond those that could be required by the local
government pursuant to N.C.G.S. 160D-804 shall be expressly enumerated within the
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agreement, and provided the agreement may Snot include a tax or impact fee not otherwise
authorized by law.
ii. A description of any reservation or dedication of land for public purposes and any
provisions agreed to by the developer that exceed existing laws related to protection of
environmentally sensitive property.
iii. A description of any conditions, terms, restrictions, or other requirements for the protection
of public health, safety, or welfare of its citizens
iv. A description, where appropriate, of any provisions for the preservation and restoration of
historic structures.
v. If more than one local government is involved in the development agreement, the
agreement must specify which government is responsible for overall administration of the
agreement.
156-4 PLANNING BOARD REVIEW AND RECOMMENDATION After submission of a completed
application, the Zoning Administrator will schedule a public hearing for the Planning Board in
accordance with the published Planning Board meeting schedule on file in the Planning and Zoning
Department . A notice of such public hearing shall be published once a week for two (2) consecutive
weeks in a newspaper of general circulation in Person County. Said notice shall be published the first
time not less than ten (10) days and not more than twenty-five (25) days prior to the date established
for such public hearing. The Zoning Administrator will be responsible for mailing written notices to all
property owners within 500’ of the property including the applicant and properties separated from the
subject property by street, railroad, and other transportation corridor (N.C.G.S. 160D-602). The Zoning
Administrator shall require that notice be posted on the land subject to the application within the same
time period specified for mailed notices of the hearing (N.C.G.S. 160D-602). The applicant shall post
the notice on weatherproof signs supplied by the Planning and Zoning Department, one sign per each
road frontage and no more than 25’ from the street right -of-way. Signs must be clear ly visible from the
street and designate “Zoning Proposal Pending” with the phone number of the Planning and Zoning
Department. When multiple parcels are included, a posting on each individual parcel is not required,
but there should be reasonable notice provided to interested persons.
a) When conducting a review of proposed map amendments pursuant to this section, the Planning
Board shall advise and comment on whether the proposed action is consistent with the County’s
comprehensive plan that has been adopt ed. The Planning Board shall provide a written
recommendation to the Board of Commissioners that addresses plan consistency and other
matters as deemed appropriate by the Planning Board, but a comment by the Planning Board
that a proposed amendment is inconsistent with the comprehensive plan shall not preclude
consideration or approval of the proposed amendment by the Board of Commissioners
(N.C.G.S. 160D-604 (d)).
b) When reviewing any map amendment, the Planning Board shall approve a brief statement
describing whether its action is consistent or inconsistent with the adopted comprehensive plan
and a brief statement of reasonableness. The statement of reasonableness and plan consistency
required in this section may be approved as a single statement. Board members may adopt this
statement when acting upon the zoning text or map amendment or as a separate motion
(N.C.G.S. 160D-605).
156-5 BOARD OF COMMISSIONERS PUBLIC HEARING
a) The Zoning Administrator will schedule a public hearing for the Board of Commissioners in
accordance with that year's adopted schedule. A notice of such public hearing shall be published
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once a week for two (2) consecutive weeks in a newspaper of general circulation in Person
County. Said notice shall be published the first time not less than ten (10) days and not more
than twenty-five (25) days prior to the date established for such public hearing. (Amended
7/22/02)
b) The Planning Board shall provide a written recommendation to the Board of Commissioners
that addresses whether the proposed amendment is consistent with the comprehensive plan, but
a comment by the Planning Board that a proposed amendment is inconsistent with the
comprehensive plan shall not preclude consideration or approval of the proposed amendment
by the Board of Commissioners. Prior to adopting or rejecting any zoning amendment, the
Board of Commissioners shall adopt a statement describing whether its action is consistent with
an adopted comprehensive plan and why such action is reasonable and in the public interest.
(Added 3/13/2006)
c) The Planning Board shall have 30 days within which to submit its recommendation to the Board
of Commissioners. If no written report is received from the Planning Board within thirty days,
the Board of Commissioners may proceed in its consideration of the amendment without the
Planning Board report. The Board of Commissioners is not bound by the recommendation, if
any, of the Planning Board. (Amended 7/22/02; 3/13/2006).
d) When adopting or rejecting any map amendment, the Board of Commissioners shall approve a
brief statement describing whether its action is consistent or inconsistent with the adopted
comprehensive plan and a brief statement of reasonableness. The statement of reasonableness
and plan consistency required in this section may be approved as a single statement. Board
members may adopt this statement when acting upon the zoning text or map amendment or as
a separate motion (N.C.G.S. 160D-605).
e) Following approval from the Board of Commissioners, the development agreement must be
recorded with the Register of Deeds by the developer within 14 days after Person County and
the developer execute an approved development agreement (N.C.G.S. 160D-1011). No
development approvals may be issued until the development agreement has been recorded. The
agreement is binding on all successors in interest to the parties of the agreement, including
subsequent purchasers of the land.
156-6 PERIODIC REVIEW - Planning and Zoning staff must undertake periodic review of the project
to verify compliance with the recorded agreement (N.C.G.S. 160D-1008).
156-7 AMENDMENTS TO DEVELOPMENT AGREEMENTS - Parties can modify or cancel the
agreement at any time by mutual consent (N.C.G.S. 160D-1010). Any major modification to a
development agreement requires the sa me notice and hearing as required for initial approval (N.C.G.S
160D-1006). Local ordinances in effect at the time of the agreement are to remain in effect for the life
of the agreement unless subsequent enacted local ordinances and ordinance amendments can be applied
for on the same grounds applicable to permissible mandated amendments of site specific vesting plan.
The following are changes that may be the basis of such modification:
1. Changes that have either landowner approval in writing or that make the landowner
financially whole (compensated for the full cost of the change).
2. When there have been either inaccurate or material misrepresentations in the application of
there are emergent serious threats to public health, safety, or welfare. If the agreement is to
be amended or revoked, this must be established by notice or hearing.
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3. Enactment of general regulations not aimed specifically at the property that impose
additional requirements, but do not affect the type or intensity or the use at the site.
156-8 BREACH OF DEVELOPMENT AGREEMENTS - If a developer has breached the recorded
development agreement, the Planning and Zoning Department must notify the developer in writing
within a reasonable time the notice of the breach, evidence supporting the finding and determination,
and provide reasonable time to correct the breach (N.C.G.S. 160D-1008). If the breach is not remedied,
Person County may terminate or modify the agreement. Appeals may be filed with the Board of
Adjustment in accordance with the process for hearing and submitting appeals. Failure to meet a
commencement or completion date set forth in the development agreement shall not, in and of itself,
constitute a material breach of the development agreement, but must be judged based upon the totality
of the circumstances.
156-9 SUBSEQUENT DEVELOPMENT AGREEMENTS - Parties are not precluded from entering into
subsequent development agreements that may extend the original duration period (N.C.G.S. 160D-
1006).
156-10 DEVELOPMENT AGREEMENTS AND OTHER REGULATION APPROVALS - Development
agreements may be considered concurrently with a zoning map or text amendment affecting the
property and development subject to the development agreement. If incorporated into a CD-District,
the provisions of the development agreement shall be treated as a development regulation in the event
of the developer’s bankruptcy. A development agreement may be concurrently considered with and
incorporate by reference a sketch plan or preliminary plat required under a subdivision regulation or a
site plan or other development approval required under a zoning regulation (N.C.G.S. 160D-1003).
SECTION 157 - ZONING VARIANCES (Amended 5/3/21)
157-1 When unnecessary hardships would result from carrying out the strict letter of the Planning
Ordinance, the Board of Adjustment shall vary any of the provisions of the ordinance upon a showing
that all of the standards set out in this section have been met. No change in permitted uses may be
authorized by variance. Appropriate conditions may be imposed on any variance, provided the
conditions are reasonably related to the variance. Any other ordinance that regulates land use or
development may provide for variances consistent with the provisions of this subsection.
157-2 SUBMISSION OF PETITIONS- Petitions for zoning variances shall be submitted to the Planning
and Zoning Department for review according to the adopted Board of Adjustment yearly schedule. The
petition shall include the following:
1. A completed Variance Application demonstrating the following:
a. That special conditions and circumstances exist which are peculiar to the land, structure,
or building involved, and which are not applicable to other lands, structures or building
in the same district;
b. That literal interpretation of the provisions of this ordinance would deprive the applicant
of rights commonly enjoyed by other property owners in the same district under the
terms of this ordinance;
c. That the hardship is not the result of the applicant's own action;
d. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this ordinance to other lands, structures, or building in the
same district;
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e. That if the applicant complies with the provisions of the ordinance, he can secure no
reasonable use of his property;
f. That granting of the variance will be in harmony with the general purpose and intent of
this ordinance, and will not be injurious to the neighborhood, or otherwise detrimental
to the public welfare.
2. A site plan, prepared by a North Carolina registered land surveyor, engineer, or architect. The
site plan, drawn to scale, shall depict the following:
a. The boundary of the lot(s) to be developed labeled with bearings and distances, total
gross land area, location of easement(s), utilities, adjacent road name(s) and number(s);
b. Name of project, property owner and applicant, vicinity map, north arrow, scale, date of
plan preparation and subsequent revisions dates;
c. Location and approximate size of all existing and proposed buildings and structures
within the site;
d. Clear depiction of the variance requested.
Each petition shall be accompanied by a fee to defray the cost of advertising and other
administrative costs involved.
157-3 BOARD OF ADJUSTMENT PUBLIC HEARING
a) After submission of a completed application, the Zoning Administrator will schedule a public
hearing for the Board of Adjustment in accordance with the Board of Adjustment published
meeting schedule on file in the Planning and Zoning Department. The Zoning Administrator
shall give notice of a public hearing on the application. A notice of such public hearing shall be
published once in a newspaper of general circulation in Person County. Said notice shall be
published not less than ten (10) days and not more than twenty-five (25) days prior to the date
established for such public hearing. The Zoning Administrator will be responsible for mailing
written notices to all property owners within 500’ of the property including the applicant. The
Zoning Administrator shall require that notice be posted on the land subject to the application.
The applicant shall post the notice on weatherproof signs supplied by the Planning and Zoning
Department, one sign per each road frontage and no more than 25’ from the street right-of-way.
Signs must be clearly visible from the street and designate “Zoning Proposal Pending” with the
phone number of the Planning and Zoning Department.
b) The Board of Adjustment shall consider the application at a quasi-judicial hearing. This hearing
shall be used to gather competent, material, and substantial evidence to establish the facts of the
case. Testimony heard shall be under oath. In granting the variance, the Board of Adjustment
shall find the following:
1. That special conditions and circumstances exist which are peculiar to the land, structure,
or building involved, and which are not applicable to other lands, structures or building
in the same district;
2. That literal interpretation of the provisions of this ordinance would deprive the applicant
of rights commonly enjoyed by other property owners in the same district under the
terms of this ordinance;
3. That the hardship is not the result of the applicant's own action;
4. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this ordinance to other lands, structures, or building in the
same district;
5. That if the applicant complies with the provisions of the ordinance, he can secure no
reasonable use of his property;
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6. That granting of the variance will be in harmony with the general purpose and intent of
this ordinance, and will not be injurious to the neighborhood, or otherwise detrimental
to the public welfare.
c) In addition to the above grounds for granting variances, the Board of Adjustment may grant a
variance when it finds that the grant of the requested variance will cause no significant hazard,
annoyance or inconvenience to the owners or occupants of nearby property, will not
significantly change the character of the neighborhood or reduce the value of nearby property,
will not impose any significant cost burden upon the county and will not create any significant
obstacle to implementation of the zoning plan evidenced by this ordinance or the adopted
development plan of Person County.
d) In granting any var iance, t he Board of Adjustment may prescribe appropriate conditions and
safeguards to ensure that substantial justice has been done and that the public safety and welfare
has been assured. Such conditions may be imposed by the Board regarding the location,
character, and other features of the proposed building, structure, or use as may be deemed by
the Board to protect property values and general welfare of the neighborhood. Nonconformance
with such conditions and safeguards, when under part of the terms under which the variance is
granted, shall be deemed a violation of this ordinance.
e) The Board of Adjustment, by a vote of four-fifths of its members, may approve variances. The
findings of fact and conclusions of law shall be established in writing upon the Board’s
determination. This document shall be approved by the Board and signed by the chair or other
duly authorized member of the Board. A quasi-judicial decision is effective upon filing the
written decision with the clerk to the Board or such other office or official. The decision of the
Board shall be delivered within a reasonable time by personal delivery, electronic mail, or by
first -class mail to the applicant, landowner, and to any person who has submitted a written
request for a copy prior to the date the decision becomes effective (N.C.G.S. 160D-406).
SECTION 158 - VESTED RIGHTS (Amended 5/3/21)
158-1 As authorized under G.S. 160-108, an applicant may obtain the right to undertake and complete
the development and use of property under the terms and conditions of an approved site specific vesting
plan. Only approved special uses, permitted uses and approved phased developments may be granted a
vested right under this section. Vested right status shall guarantee the right to develop according to the
provisions of the approved site specific vesting plan for no less than two (2) years and no more than
five (5) years (N.C.G.S. 160D-108(d)). Site specific vesting plans can take the form of a planned unit
development plan, a subdivision plat, a site plan, a preliminary or general development plan, a special
use permit, a conditional zoning, or any other development approval.
158-2 SUBMISSION OF PETITIONS - Petitions for vested rights shall be submitted to the Planning
and Zoning Department for review according to the adopted Planning Board and Board of
Commissioners yearly schedule. The petition shall include the following:
a) A Vested Rights Application and any supplemental materials needed to substantiate the claim
for a vested right.
b) A site-specific vesting plan prepared by a licensed North Carolina surveyor. Site-specific
vesting plans shall include at a minimum the following:
a. The approximate boundaries of the site;
b. Significant topographical and other natural feature affecting development of the site;
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c. The approximate location on the site of the proposed buildings, structures, and other
improvements;
d. The approximate dimensions, including height, of the proposed buildings and other
structures;
e. The approximate location of all existing and proposed infrastructure on the site,
including water, sewer, roads, and pedestrian walkways.
Each petition shall be accompanied by a fee to defray the cost of advertising and other
administrative costs involved.
158-3 PLANNING BOARD REVIEW AND RECOMMENDATION - After submission of a completed
application, the Zoning Administrator will schedule a public hearing for the Planning Board in
accordance with the published Planning Board meeting schedule that is on file in the Planning and
Zoning Department. A notice of such public hearing shall be published once a week for two (2)
consecutive weeks in a newspaper of general circulation in Person County. Said notice shall be
published the first time not less than ten (10) days and not more than twenty-five (25) days prior to the
date established for such public hearing. The Zoning Administrator will be responsible for mailing
written notices to all property owners within 500’ of the property including the applicant and properties
separated from the subject property by street, railroad, and other transportation corridor (N.C.G.S.
160D-602). The Zoning Administrator shall require that notice be posted on the land subject to the
application within the same time period specified for mailed notices of the hearing (N.C.G.S. 160D-
602). The applicant shall post the notice on weatherproof signs supplied by the Planning and Zoning
Department, one sign per each road frontage and no more than 25’ from the street right-of-way. Signs
must be clearly visible from the street and designate “Zoning Proposal Pending” with the phone number
of the Planning and Zoning Department. When multiple parcels are included, a posting on each
individual parcel is not required, but there should be reasonable notice provided to interested persons.
a) EXCEPTION: Applications for vested rights related to Special Use Permits do not require
Planning Board Review and Recommendation.
158-4 BOARD OF COMMISSIONERS PUBLIC HEARING
a) The Zoning Administrator will schedule a meeting for the Board of Commissioners in
accordance with that year’s adopted schedule. A notice of such public hearing shall be published
once a week for two (2) consecutive weeks in a newspaper of general circulation in Person
County. Said notice shall be published the first time not less than ten (10) days and not more
than twenty-five (25) days prior to the date established for such public hearing. The Zoning
Administrator will be responsible for mailing written notices to all property owners within 500’
of the property including the applicant and properties separated from the subject property by
street, railroad, and other transportation corridor (N.C.G.S. 160D-602). The Zoning
Administrator shall require that notice be posted on the land subject to the application within
the same time period specified for mailed notices of the hearing (N.C.G.S. 160D-602). The
applicant shall post the notice on weatherproof signs supplied by the Planning and Zoning
Department, one sign per each road frontage and no more than 25’ from the street right-of-way.
Signs must be clearly visible from the street and designate “Zoning Proposal Pending” with the
phone number of the Planning and Zoning Department. When multiple parcels are included, a
posting on each individual parcel is not required, but there should be reasonable notice provided
to interested persons.
b) The Planning Board shall provide a written recommendation to the Board of Commissioners
that addresses whether the proposed amendment is consistent with the comprehensive plan, but
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a comment by the Planning Board that a proposed amendment is inconsistent with the
comprehensive plan shall not preclude consideration or approval of the proposed amendment
by the Board of Commissioners. Prior to adopting or rejecting any zoning amendment, the
Board of Commissioners shall adopt a statement describing whether its action is consistent with
an adopted comprehensive plan and why such action is reasonable and in the public interest.
(Added 3/13/2006)
c) The Planning Board shall have 30 days within which to submit its recommendation to the Board
of Commissioners. If no written report is received from the Planning Board within thirty days,
the Board of Commissioners may proceed in its consideration of the amendment without the
Planning Board report. The Board of Commissioners is not bound by the recommendation, if
any, of the Planning Board. (Amended 7/22/02; 3/13/2006).
d) The Board of Commissioners shall consider the application at a public hearing at which all
interested persons shall be permitted to testify. The Board may approve a site specific vesting
plan upon such terms and conditions as may reasonably be necessary to protect the public
health, safety, and welfare. The Board shall not require a landowner to waive his vested rights
as a condition of developmental approval. Approval of a site specific vesting plan and the
granting of vested right status shall not occur under circumstances where a variance from the
provisions of this ordinance is necessary except in cases where such variance has been
previously applied for and granted.
e) A vested right obtained under this section is not a personal right, but shall attach to and run with
the applicable property. Approval from the Board of Commissioners shall result in a vested
right, although failure to abide by such terms and conditions, in addition to applicable local
development regulations, will result in a forfeiture of vested rights.
f) The establishment of a vested right under an approved site specific vesting plan shall not
preclude the application of ordinances or regulations that are general in nature, are applicable
to all property in the county subject to land use regulation, and have no effect on the allowable
type or intensity of use for the subject property. Otherwise applicable new or amended
regulations shall become effective for the subject property upon the expiration or termination
of the vested right.
158-5 CONTINUING REVIEW - Following approval or conditional approval of a vested right, Person
County may make subsequent reviews and require approvals by the county to ensure compliance with
the terms and conditions of the original approval, provided that such reviews are not inconsistent with
the original approval.
158-6 MODIFICATIONS OF VESTED RIGHTS APPROVAL - The Zoning Administrator may approve
minor changes to site-specific vesting plans approved by the Board of Commissioners if with such
minor changes the development remains substantially consistent with the Board's approval and with all
other provisions of this Ordinance and applicable rules and regulations. The Zoning Administrator may
not approve changes that would constitute a major change of or modification to an approved site-
specific vesting plan. By way of example, but not of limitation, any of the following shall constitute a
major modification requiring an application to be resubmitted in accordance with applicable ordinance
provisions:
1. Significant changes in the zoning lot's boundaries, unless the purposes of this ordinance or
of the County's plan for the comprehensive development of the area within which the lot is
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located are satisfied to an equivalent or greater degree. Substantial change in the boundaries
of the site if public purposes are not satisfied to an equivalent or greater degree;
2. A change from the use approved;
3. Significant changes in the location of principal and/or accessory structures and/or uses;
4. Structural alterations significantly affecting the basic size, form, style, ornamentation, and
appearance of principal and/or accessory structures as shown the plan;
5. Significant changes in pedestrian or vehicular access or circulation;
6. Significant change in the amount or location of required landscape screening if an alternate
proposal does not provide the same or greater degree.
158-7 TERMINATION OF VESTED RIGHT - A vested right established by an approved site specific
vesting plan shall terminate:
1. At the end of the applicable vesting period in respect to buildings and uses for which no
valid building permit application has been filed;
2. With the written consent of the applicant and/or landowner;
3. Upon findings by the Commissioners, alter a public hearing in which reasonable notice and
advertisement are given, that natural or man-made hazards at or near the immediate vicinity
of the property, if uncorrected, would pose a serious threat to the public health, safety, and
welfare if the project were to proceed as originally approved in the site specific vesting plan;
4. Upon payment to the affected applicant and/or landowner of compensation for all costs,
expenses and other losses incurred by the same including all fees paid in consideration of
financing, and all architectural, planning, marketing, legal, and other consultant's fees
incurred after approval by the Board. Compensation shall not include any diminution in the
value of the subject property; or,
5. Upon findings by the Commissioners, after a public hearing in which reasonable notice and
advertisement are given, that the landowner, his successors, or any representatives
intentionally supplied inaccurate information or made material misrepresentations which
after the original approval of the Commissioners of the site specific vesting plan;
6. Upon changes in state or federal law or regulation that preclude the proposed use or
development project as originally approved in the site specific vesting plan. The owner
and/or applicant shall have the opportunity in this instance to submit appropriate applicable
modifications to the original site specific vesting plan for the Planning Board and County.
SECTION 159 – APPEALS (Amended 5/3/21)
159-1 SUBMISSION OF PETITION - Petition for appeals from the enforcement and interpretation of
this ordinance, denial of zoning and/or certificate of occupancy and applications for variances shall be
submitted to the Planning and Zoning Department. The petition shall include the following:
1. Completed Appeal to Zoning Administrator Application.
Each petition shall be accompanied by a fee to defray the cost of advertising and other
administrative costs involved.
159-2 An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning
Enforcement Officer certifies to the Board of Adjustment that, based on the records of the case, a stay
would cause damage to life or property, in which case proceedings shall not be stayed otherwise than
by an order from the Person County Superior Court.
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159-3 No appeal may be taken to the Board of Adjustment from the action of the Commissioners in
granting or denying a Special Use Permit. Any such action by the Commissioners shall be considered
as the equivalent of action on a proposed zoning amendment and shall be reviewable only in the same
manner as action on a proposed amendment.
159-4 BOARD OF ADJUSTMENT PUBLIC HEARING
a) After submission of a completed application, the Zoning Administrator will schedule a public
hearing for the Board of Adjustment in accordance with the published Board of Adjustment
meeting schedule on file in the Planning and Zoning Department. t. The Zoning Administrator
shall give notice of a public hearing on the application. A notice of such public hearing shall be
published in a newspaper of general circulation in Person County. Said notice shall be published
not less than five (5) days prior to the date established for such public hearing.
b) The Board of Adjustment shall hold an evidentiary hearing to gather competent, material, and
substantial evidence to establish the facts of the case. Testimony heard shall be under oath.
c) The Board of Adjustment may subpoena witnesses and compel the production of evidence. If a
person fails or refuses to obey a subpoena issued pursuant to this subsection, the Board may
apply to the General Court of Justice for an order requiring that its order be obeyed, and the
court shall have jurisdiction to issue these orders after notice to all proper parties. No testimony
of any witness before the Board pursuant to a subpoena issued in exercise of the power
conferred by this section may be used against the witness in the trial of any civil or criminal
action other than a prosecution for false swearing committed on the examination. Any person
who, while under oath during a proceeding before the Board, willfully swears falsely, is guilty
of a Class 1 misdemeanor. (Added: 3/13/2006)
d) The Board of Adjustment, by a majority vote of its members, may reverse any order,
requirement, decision, or determination of an administration officer charged with the
enforcement of any provision of this ordinance. The findings of fact and conclusio ns of law
shall be established in writing upon the Board’s determination. This document shall be approved
by the Board and signed by the chair or other duly authorized member of the Board. A quasi-
judicial decision is effective upon filing the written decision with the clerk to the Board or such
other office or official. The decision of the Board shall be delivered within a reasonable time
by personal delivery, electronic mail, or by first-class mail to the applicant, landowner, and to
any person who has submitted a written request for a copy prior to the date the decision becomes
effective (N.C.G.S. 160D-406)
e) Every final decision of the Board of Adjustment shall be subject to review by the Person County
Superior Court by proceedings in the nature of certiorari.
f) The petition for the writ of certiorari must be filed with the Person County Clerk of Court within
30 days after the later of the following occurrences:
1. A written copy of the Board's decision has been filed in the office of the Planning and
Zoning Department; and
2. A written copy of the Board's decision has been delivered by personal service or certified
mail, return receipt requested, to the applicant or appellant and every other aggrieved
party who has filed a written request for such copy at the hearing of the case.
A copy of the writ of certiorari shall be served upon the Person County.
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ARTICLE XV
SECTION 160 - SEPARABILITY
160-1 Should any section or provision of these regulations be for any reason held void or invalid by
the courts, it shall not affect the validity of any other section or provision hereof which is not
itself held void or invalid.
160-2 Wherever the provisions of any other law, ordinance or regulation impose higher standards
than are required by the provisions of this Ordinance, the provisions of such law, ordinance
or regulations shall govern.
ARTICLE XVI
SECTION 170 - EFFECTIVE DATE
170-1 This ordinance, shall become effective on May 20, 1991.
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APPENDIX A
INTERPRETATION OF TERMS AND DEFINITIONS
Words used in present tense include the future tense.
Words used in the singular number include the plural and words used in the plural number include the
singular.
The word person includes a firm, joint venture, association, organization, partnership, corporation,
trust and company, as well as an individual.
The word lot includes the word "plot" or "parcel".
The word "building" includes the word "structure".
The word "shall" is always mandatory and not merely directory.
The words "uses" or "occupied" as applied to any land or building shall be construed to include the
words "intended, arranged, or designed to be used or occupied."
The words "Planning Map" or "Official Person County Planning Map" shall mean the planning map
of Person County, North Carolina.
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APPENDIX B
DEFINITIONS
(Amended 09/09/2019, 11/16/20; 5/3/21)
ACCESSORY BUILDING - An accessory building, structure or use is a building or structure or use
on the same lot or site with, or of a nature customarily incidental or subordinate to, and of a character
related to the principal use or structure except as specifically provided elsewhere in the Ordinance.
Accessory buildings are, but not limited to: sheds, garages, lean-to, storage building, carports, pool, but
not to include well houses (not to exceed 6’ x 6’), and gazebo or pool house if attached to footprint of
pool. (Amended 6/3/2013, 11/16/20)
ACCESSORY USE - A subordinate use clearly incidental to the principal use of a zoning lot. (Def.
Addition 1/11/96)
ADMINISTRATIVE DECISION - Decisions made in the implementation, administration, or
enforcement of development regulations that involve the determination of facts and the application of
objective standards set forth in local government development regulations. These are sometimes
referred to as ministerial decisions or administrative determinations. (Added 5/3/21)
AGRICULTURE OR FARM USE - The science or art of cultivating the soil and its fruits, especially
in large areas or fields, and the rearing, feeding, and management of livestock thereon, inc luding every
process and step necessary and incidental to the completion of products there from for consumption or
market and the incidental turning of them to account. This includes tenant housing built for farm
workers, but not to the construction of houses built for family members or others who do not make their
living from the farm; and to the storage, processing, and sale of agricultural products raised on the
premises.
AIRPORT ELEVATION - 609.4 feet above mean sea level.
APPROACH SURFACE - A surface longitudinally centered on the extended runway centerline,
extending outward and upward from the end of the primary surface and at the same slope as the
approach zone height limitation slope set forth in Section IV of this Ordinance. In plan the perimeter
of the approach surface coincides with the perimeter of the approach zone.
BEST MANAGEMENT PRACTICE (BMP'S) - A structural or nonstructural management -based
practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in order
to achieve water quality protection goals.
BILLBOARD - An off-premise advertising sign designed for the display of information and/or
advertising. (Def. Added 3/17/97)
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BOARD OF ADJUSTMENT - A semi-judicial body composed of representatives from or for the
planning jurisdiction of Person County which are given certain powers under and relative to this
ordinance.
BREWERY - A legal establishment for the production and packaging of malt beverages for
distribution, retail, wholesale, on or off-premise.
BUFFER - Natural or vegetated area through which stormwater run-off flows in a diffuse manner so
that the run-off does not become channelized and provided for infiltration of run-off and filtering of
pollutants. The buffer is measured landward from the normal pool evaluation of impounded structures
and from the bank of each side of perennial streams or rivers. The area shall be included in the
calculation of minimum lot size required by this ordinance.
BUILDING - Any structure used or intended for supporting or sheltering any use or occupancy
(Amended 5/3/2021)
BUILDING LINE - A line running parallel (as determined by the actual location of the building on
the lot), with the front, side or rear of a building. (Amended 2-1-93)
BUILT UPON AREA - That portion of a development project that is covered by impervious or
partially impervious cover including buildings, pavement, gravel areas (e.g. roads, parking lots, and
paths), recreation facilities (e.g. tennis courts), etc. (Note: Wooden slatted decks and the water area of
a swimming pool are considered pervious). (Amended 11/3/97)
CAMPER/RECREATIONAL VEHICLE - A vehicular type unit designed as temporary living
quarters for recreational, camping, or travel use, which either has its own motive power or is mounted
on or drawn by another vehicle. The basic entities are travel trailer, camping trailer, and truck camper
and motor home. (Def. added 8/2/2010)
CAMPER/RECREATIONAL VEHICLE PARK - Any site or tract of land upon which two or more
recreational vehicles or tent spaces are provided for occupancy according to the requirements set forth
in this ordinance. (Def. added 8/2/2010)
CERTIFICATE OF OCCUPANCY - A statement signed by the Zoning Enforcement Officer setting
forth that the building, structure, or use complies with the Planning Ordinance and any applicable
construction codes, and that the same may be used for the purposes stated herein.
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)
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CONDITIONAL ZONING – A legislative zoning map amendment with site-specific conditions
incorporated into the zoning map amendment. (Added: 5/3/21)
CONICAL SURFACE - A surface extending outward and upward from the periphery of the horizontal
surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.
CONSTRUCTION SITE IDENTIFICATION SIGN - A sign which identifies architects, engineers,
contractors, and other individual s or firms involved with construction on the premises, the name of the
building or development and/or the expected completion date. (Def. Added 3/17/97)
CONSTRUCTION, TRADES - One who accomplished work or provides facilities under contract
with another and specifically engages in a specialized trade such as plumbing, heating, wiring, sheet
metal and roofing work, etc.
COUNTY GOVERNMENTAL FACILITY - A County owned building or land use for a public
purpose or activity that protects the public health, safety or general welfare. (Ref. Added 2/3/97)
CRITICAL AREA - The area adjacent to a water supply intake or reservoir where risk associated with
pollution is greater than from the remaining portions of the watershed. The critical area is defined as
extending either 1/2 mile from the normal pool elevation of the reservoir in which the intake is located
or to the ridgeline of the watershed w hichever comes first; or 1/2 mile upstream and draining to the
intake located in the stream or river (run-of-the-river), or to the ridgeline of the watershed (whichever
comes first).
DETERMINATION - A written, final, and binding order, requirement, or determination regarding an
administrative decision. (Added: 5/3/21)
DEVELOPER - A person, including a governmental agency or redevelopment authority, who
undertakes any development and who is the landowner of the property to be developed or who has been
authorized by the landowner to undertake development on that property. (Added 5/3/21)
DEVELOPMENT - The construction, erection, alteration, enlargement, renovation, substantial repair,
movement to another site, or demolition of any structure. This includes any land disturbing activity
which adds to or changes the amount of impervious or partially impervious cover on a land area or
which otherwise decreases the infiltration of perception into the soil. (Rev. 5/3/21)
DEVELOPMENT APPROVAL - An administrative or quasi-judicial approval made pursuant to this
Ordinance that is written and that is required prior to commencing development or undertaking a
specific activity, project, or development proposal. Development approvals include, but are not limited
to, zoning permits, site plan approvals, special use permits, variances, and certificates of
appropriateness. The term also includes all other regulatory approvals required by regulations adopted
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pursuant to this Ordinance, including plat approvals, permits issued, development agreements entered
into, and building permits issued. (Added 5/3/21)
DEVELOPMENT REGULATION - A unified development ordinance, zoning regulation,
subdivision regulation, erosion and sedimentation control regulation, floodplain or flood damage
prevention regulation, mountain ridge protection regulation, stormwater control regulation, wireless
telecommunication facility regulation, historic preservation or landmark regulation, housing code, State
Building Code enforcement, or any other regulation adopted pursuant to this Ordinance, or a local act
or charter that regulates land use or development. (Added 5/3/21)
DISCHARGING LANDFILL - A landfill which discharges treated leachate and which requires a
National Pollution Discharge Elimination System (NPDES) permit. (Amended 11/3/97)
DISTILLERY - A legal establishment for the manufacture, blending, fermentation, processing and
packaging of distilled alcohol spirits for distribution, retail, or wholesale, on or off-premise. The
establishment may have tours of the facility, tastings of the products produced on-site, and periodic
events. Such facility must comply with all ABC commission laws and permits.
DOUBLE-FRONTAGE LOT - A lot with street frontage along two opposite boundaries.
DU - A dwelling unit.
DWELLING - A building that contains one or two dwelling units used, intended or designed to be
used, rented, leased, let or hired out to be occupied for living purposes. (Added 5/3/21)
DWELLING UNIT - A single unit providing complete, independent living facilities for one or more
persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. (Revised
5/3/21)
.
ERECT - To build, construct, rebuild, reconstruct as the same are commonly defined.
EVENT CENTER - A commercial establishment and associated grounds engaged in the hosting and
production of pre-planned events like weddings, corporate parties, or reunions. Typical accessory uses
include kitchens or meal preparation space, limited overnight accommodations, photography studios,
facilities to accommodate live or recorded music, on- and off-site parking and outdoor recreation
facilities. (Amended 9/9/19)
EVIDENTIARY HEARING - A hearing to gather competent, material, and substantial evidence in
order to make findings for a quasi-judicial decision required by a development regulation adopted under
this Ordinance. (Added 5/3/21)
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FAMILY - One or more persons related by blood, adoption or marriage, or a group of not more than
five (5) persons not related by blood, adoption or marriage living together as a single housekeeping
group in a dwelling unit.
FAMILY CARE HOME - As defined in G.S. 168-21, a home with support and supervisory personnel
that provides room and board, personal care and habitation services in a family environment for not
more than six (6) resident handicapped persons.
FREE STANDING SIGN - A sign that is attached to, erected on, or supported by some structure (such
as a pole, mast, frame, braces in or upon the ground, or other structure) that is not itself an integral part
of or attached to a building or other structure whose principal function is something other than the
support of a sign. (Def. Added 3/17/97)
FRONTAGE - All property abutting on one (1) side of a street measured along the street line.
GROUND SIGN - A sign placed upon the ground, or a free standing sign, not exceeding eight (8) feet
in height. (Def. Added 3/17/97)
GROUP HOME FOR DEVELOPMENTALLY DISABLED ADULTS - A residence which
provides care for two to nine adults who are developmentally disabled and who have or can develop
self-help skills, are ambulatory, in need of a home and are able to participate in activities in the
community.
HAZARD TO AIR NAVIGATION - An obstruction determined to have a substantial adverse effect
on the safe and efficient utilization of the navigable airspace.
HAZARDOUS MATERIAL - Any substance or material in a particular form or quantity which the
Secretary of Transportation finds may pose an unreasonable risk to health, safety, and property.
Substances so designated may include explosive, radioactive materials, etiologic agents, flammable
liquids or solids, poisons, oxidizing or corrosive materials, and flammable gases. Define via rule
making process, under authority of PL 93-633.
HEIGHT - For the purpose of determining the height limits in all zones set forth in this Ordinance and
shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.
HISTORIC PRESERVATION COMMERCIAL USE - A structure that is either nominated for or
listed on the National Register of Historic Places or included in the North Carolina Plan for Historic
Preservation as compiled by the North Carolina Division of Archives and History in which commercial
use is being operated from the structure.
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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 resu lting from processes of trade or business, including wastewater from
laundromats and car washes, but not wastewater from restaurants;
c) Stormwater will not be considered to be an industrial wastewater unless it is contaminated with
industrial wastewater; or
d) Wastewater discharged from a municipal wastewater treatment plant requiring a pretreatment
program.
INDUSTRIAL USE – A non-residential employment use engaged in the manufacturing and basic
processing of materials or products predominately from extracted or raw materials or previously
prepared materials. This use may also include processing, fabrication, assembly, treatment, packing,
storage, sales and distribution of such products. For additional information, see Note 2 located after
Appendix C Table of Permitted Uses. (Amended 11/16/20)
LANDFILL - A facility from the disposal of solid waste on land in a sanitary manner in accordance
with Chapter 130A, Article 9 of the NC General Statutes. For the purpose of this ordinance, this term
does not include composting facilities.
LARGER THAN UTILITY RUNWAY - A runway that is constructed for and intended to be used
by propeller driven aircraft of greater than 12,500 pounds maximum gross weight and jet powered
aircraft.
LDN (DAY NIGHT AVERAGE SOUND LEVEL) - A method of estimating a measurable quantity
of noise at airports and is based upon an Equivalent Sound Level (Leg).
LEG (EQUIVALENT SOUND LEVEL) - An energy summation of the aggregate noise environment
as measured in A - weighted sound level.
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.
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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 t he following:
a) The relaxation, by a factor greater than ten (10) percent of any requirement under the low density
option;
b) The relaxation, by a factor greater than five (5) percent, of any buffer, density or built -upon area
requirement under the high density option;
c) Any variation in the design, maintenance or operation requirements of a wet detention pond or other
approved stormwater management system. (Amended 11/3/97)
MINOR VARIANCE FROM STATE WATERSHED PROTECTION RULES - A variance from
the min imum 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
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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 that meets the following additional
criteria:
a) The structure is made up of two or more sections designed to be installed or assembled into one
unit at the building site;
b) The manufactured home has a length not exceeding four times its width, with length measured
along the longest axis and width measured at the narrowest part of the other axis; and,
c) The pitch of the roof of the manufactured home has a minimum vertical rise of two and two tenths
(2.2) feet for each twelve (12) feet of horizontal run and the roof is finished with a type of shingle
that is commonly used in standard residential construction.
This definition includes typical "double-wide" manufactured homes and does not include modular
housing as regulated by North Carolina State Building Code. (Rev. 5/5/97; 5/3/21)
MANUFACTURED HOME, CLASS B - A manufactured home 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; 5/3/21)
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)
MULTIPHASE DEVELOPMENTS - A development containing 100 acres or more that (i) is
submitted for site plan approval for construction to occur in more than one phase and (ii) is subject to
a master development plan with committed elements, including a requirement to offer land for public
use as a condition of its master development plan approval (N.C.G.S. 160D-108). (Added 5/3/21)
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NONCONFORMING BUILDING - A building or structure that is not in conformance with the
provisions (Section 75-Table of Dimensional Requirements) of the district in which it is located.
(Added 6/3/2013)
NONCONFORMING LOT – Surveyed and recorded lots that met existing zoning regulations when
created but no longer conform with the adopted regulations. (Added 6/3/2013)
NONCONFORMING USE – A lawful use of land that does not comply with the use regulations for
its zoning district but which complied with applicable regulations before adoption of this ordinance or
the predecessor Person County Planning Ordinance. (Added 6/3/2013)
NON-NOXIOUS - Any substance not physically harmful or destructive to the environment or health
threatening.
NONPOINT SOURCE POLLUTION - Pollution which enters waters mainly as a result of
precipitation and subsequent run-off from lands which have been disturbed by man's activit ies 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,
loc ated, 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)
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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)
PLANNED BUILDING GROUP - A Planned Group shall consist of two or more principal uses in
one or more structures on the same zoning lot. A Planned Building Group shall be located on a
minimum of a 2-acre lot. (Amended 1/11/96)
PLANNING BOARD - A body appointed by the County Commissioners to perform the following
duties:
a) Develop and recommend long-range development plans and policies;
b) Advise the County Commissioners in matters pertaining to current physical development and
zoning for the County's planning jurisdiction.
PRECISION INSTRUMENT RUNWAY - A runway having an existing instrument approach
procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR). It also
means a runway for which a precision approach system is planned and is so indicated on an approved
airport layout plan or any other planning document.
PRIMARY SURFACE - A surface longitudinally centered on a runway. When the runway has a
specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway;
for military runways or when the runway has no specially prepared hard surface, or planned hard
surface, the primary surface ends at each end of that runway. The width of the primary surface is set
forth in Section III of this Ordinance. The elevation of any point on the primary surface is the same as
the elevation of the nearest point on the runway centerline.
PRINCIPAL BUILDING / USE - The main building or use of a zoning lot. (Addition January 1996)
PROTECTED AREA - The area adjoining and upstream of the critical area of WS-IV watershed. The
boundaries of the protected area are defined as within five (5) miles of and draining to the normal pool
elevation of a reservoir or to the ridgeline of the watershed; or within 10 miles upstream and draining
to the intake located directly in the stream or river or to the ridgeline of the watershed. (Amended
November 1997)
QUASI-JUDICIAL DECISION - A decision involving the finding of facts regarding a specific
application of a development regulation and that requires the exercise of discretion when applying the
standards of the regulation. The term includes, but is not limited to, decisions involving variances,
special use permits, certificates of appropriateness, and appeals of administrative determinations.
Decisions on the approval of subdivision plats and site plans are quasi-judicial in nature if the regulation
authorizes a decision-making board to approve or deny the application based not only upon whether
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the application complies with the specific requirements set forth in the regulation, but also on whether
the application complies with one or more generally stated standards requiring a discret ionary decision
on the findings to be made by the decision-making board. (Added 5/3/21)
REAL ESTATE SIGN - A sign advertising the premises for sale, rent or lease. (Def. Added 3/17/97)
RESIDUALS - Any solid or semi-solid waste generated from a wastewater treatment plant, water
treatment plant or air pollution control facility permitted under the authority of the Environmental
Management Commission. (Amended November 1997)
SETBACK - The distance between the minimum building line and the centerline of a street right of
way; and where no street right of way is involved, the property line shall be used in establishing the
setback.
SIGN - Any identification, description, illustration, or device, illuminated or no illuminated, which is
visible from any thoroughfare or road that directs attention to any realty, product, service, place,
activity, person, institution, performance, commodity, firm, business, solicitation, idea or concept
including permanently installed or situated merchandise or any emblem, painting, poster, bulletin
board, pennant, placard or temporary sign designed to identify or convey information, with the
exception state, municipal or national flags. (Def. Added 3/17/97)
SITE SPECIFIC VESTING PLAN – Any of the following development approvals including Special
Use Permits, PUDs, subdivision plats, site plans, preliminary or general development plans, CD-
rezonings, and formerly site specific and phased development plans. (Added 5/3/21)
SPECIAL USE PERMIT (SUP) – A permit issued to authorize development or land sues in a
particular zoning district upon presentation of competent, material, and substantial evidence
establishing compliance with one or more general standards requiring that judgment and discretion be
exercised as well as compliance with specific standards. (Added 5/3/21)
STRUCTURE - An object, including a mobile object, constructed or installed by man, including but
without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission
lines.
TEMPORARY CONSTRUCTION BUILDING - Any building or portion of a building used as a
temporary field office for the coordination of a nearby construction project by the general contractor
and/or subcontractors. No portion of a temporary construction building may be used as an accessory
occupancy (such as a sales office) into which the general public would be allowed access. (Def. Added
5/5/97)
TEMPORARY SIGN - A sign that is used in connection with a circumstance, situation, or event that
is designed, intended, or expected to take place or to be completed with a reasonably short or definite
114
period after the erection of such sign. If a sign display area is permanent but the message display but
the message displayed is subject to periodic changes, that sign shall not be regarded as temporary. (Def.
Added 3/17/97)
TRANSITIONAL SURFACES - These surfaces extend outward at 90 degree angles to the runway
centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each foot
vertically from the sides of the primary and approach surfaces to where they intersect the horizontal
and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which
project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured
horizontally from the edge of the approach surface and at 90 degree angles to the extended runway
centerline.
UNCOVERED - Not covered by a roof or other covering.
USE BY RIGHT - A use which is listed as an unconditionally permitted activity in this ordinance.
VARIANCE - A modification or alteration of any of the requirements of this ordinance.
VESTED RIGHT - A right pursuant to the North Carolina General Statutes to undertake and complete
the development and use of property under the terms and conditions of an approved site specific vesting
plan.(Amended 11/18/91; 5/3/21)
VISUAL RUNWAY - A runway intended solely for the operation of aircraft using visual approach
procedures.
WATER DEPENDENT STRUCTURE - Any structure for which the use requires access to or
proximity t o or citing within surface waters to fulfill its basic purpose, such as boat ramps, boat house,
docks, and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and
commercial boat storage areas are not water dependent structures.
WATERSHED - The entire land contributing surface drainage to a specific point.
WATER SUPPLY CLASSIFICATIONS - Classifications of Fresh Water Supplies for watersheds
within Person County adopted by the Environmental Management Commission; definitions, as
referenced in 15A NCAC 2B.0100 and .0200 as follows:
a) Class WS-II, waters protected as water supplies which are generally in predominately
underdeveloped watershed; point source discharges of treated waste water are permitted
pursuant to Rules .0104 and .02ll of this Subchapter; local programs to control nonpoint
sources and stormwater discharges of pollution area required; suitable of all Class C uses.
115
b) Class WS-III, waters protected as water supplies which are generally in low to moderately
developed watershed; point source discharges of treatment of treated waste water area
permitted pursuant to Rules .0104 and .0211 of this Subchapter; local programs to control
nonpoint sources and stormwater discharges of pollution area required; suitable for all Class
C uses.
c) WS -IV, water projected as water supplies which are generally in moderately to highly
developed watershed; point source discharges of treated waste water are permitted pursuant
to Rules .0l04 and .0211 of this Subchapter; local programs to control nonpoint sources and
stormwater discharges of pollution area required; suitable for all Class C uses.
d) Class C Uses, waters protected for secondary recreation, fishing, wildlife, fish and aquatic
life propagation and survival, agriculture and other uses suitable for Class C.
WINERY – A facility operated for the purpose of making wine. Associated with this process can
include catering, lodging facilities, restaurants, live music venue, farm tours, winery tours, farmers
market, petting zoo, corn maze, cheese processing, roasting of coffee and associated retail sales.
(Added 11/1/2004)
YARD - Any open space on the same lot with a building and unoccupied from the ground vertically
except by trees, shrubbery, fences, open fire escapes, chimneys, flues, cornices, eaves and bay
windows. (Amended 2/1/93)
YARD, FRONT - A yard across lot, extending from the front building line to the front lot line or right-
of-way. (Amended 2/1/93)
YARD, REAR - A yard located behind the rear building line and extending to rear lot line or right -of-
way. (Amended 2/1/93)
YARD, SIDE - A yard between the side building line and side lot line or right -of-way, extending from
the front building line to the rear building line. (Amended 2/1/93)
ZONING ADMINISTRATOR - Planning Director (aka County Planner) or designated
representative.
ZONING PERMIT - A permit by the Person County Zoning Administrator or his authorized agents
that a course of action to use or occupy a tract of land or a building or to erect, install, or alter a structure,
building, or sign situated in the zoning jurisdiction of the County fully meets the requirements of this
ordinance.
116
APPENDIX C
TABLE OF PERMITTED USES
(Amended: 5/18/92; 11/17/92; 4/4/94; 7/11/94; 2/19/96; 6/3/96; 7/8/96; 5/5/97; 12/6/99; 5/4/2001;
12/1/2003; 6/6/2005; 11/1/2004; 11/19/2007; 11/3/2008; 12/1/2008; 4/20/2015; 9/6/2016; 10/2/17;
10/5/20, 11/16/20; 5/3/21)
• Districts in which particular uses are permitted as a Use-By-Right are indicated by "X". Districts
in wh ich 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.
• District in which particular uses are permitted as a special use upon approval of the Board of
Commissioners are indicated by "S". See Section 153 for details in obtaining a Special Use
Permit.
PRINCIPAL USES ZONING DISTRICTS
R B-2 B-1 GI RC
Accessory Building X X X X X
Accessory Uses Incidental To Any Permitted Use (*See Note 1) X X X X
Adoption Services X X
Advertising Agencies X X X
AGRICULTURAL OR FARM USE EXEMPT FROM PLANNING ORDINANCE
Aircraft Equipment, Parts and Supplies (*See Note 5) X X* X
Airline Ticket Agency (*See Note 5) X X X* X
Airport Operations (*Note 5 and Sections 90 & 91) 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 S X X S X
Amusement Parks S X
Animal Medical Care (Including Kennel Operations) X X X
Antique Shops S 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 Rentals a nd Leasing (*See Note 5) X X X* X
117
PRINCIPAL USES ZONING DISTRICTS
R B-2 B-1 GI RC
Automobile Repair and/or Body Work (Excluding commercial
wrecking, dismanteling, or storage of junk vehicles) Amended
12/01/2008
X S
Automobile Sales, New and Used S 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 S X X
Bicycle Sales and Repair X X X
Blacksmith X X
Boats and Accessories, Retail Sales and Service S X X
Books and Printed Matter, Distribution X X
Book Stores X X X
Bowling Alley X X X
Brewery (Added 10/2/17) S S
Bridal Shops X X
Builders Supply X X
Bus Repair and Storage Terminal Activities (Amended 12/1/2008) X S
Bus Station Activities (*See Note 5) S X X* X
Camper/Recreational Park (Amended 8/2/2010) (See Section 155-2) 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 o r Family X X X S X
Cemeteries – Commercial S S S X
Chemical Retail Sales X X
Church, Temples, Synagogues X X X X X
Clinic Services, Medical and Dental S X X S X
Club o r Lodge S S S X
Commercial Modular Building (Adopted 5/5/97) X X X
118
PRINCIPAL USES ZONING DISTRICTS
R B-2 B-1 GI RC
Construction, Trades (*Building, heating, electrical, plumbing, fire
sprinkler and others) (Excluding outside storage of equipment or
supplies) (Amended 11/19/2007)
S 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 S X X X
County Governmental Facility (Adopted 2/3/97) S X X X
Curio and Souvenir Sales X X X
Day Care Center S X X X X
Distillery (Added 10/2/17) S S
Dry Cleaning and Laundry X X X
Dwelling, Single-Family X X X X
Dwelling, Two-Family and Garage Apartments X X X X
Dwelling, Multiple-Family (See Section 80) S S S X
Eating and Drinking Facilities (Amended 12/1/2008) X X S
Electrical / Electronic Equipment and Supply Sales X X X
Employment Agencies X X X
Equipment Rental (Amended 11/16/20) X X X X
Event Center (Amended 09/09/2019) S X X X X
Exterminating Service X X X
Family Care Home X X X X
Farm Machinery Sales and Servicing S X X
Farm Supplies Merchandising (Excluding Farm Machinery) X X X
Fire Station And Law Enforcement Operations S X X X X
Floor Covering Sales X X X
Flower Shop X X X
Funeral Home S 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 S X X X
Grocery Retail X X X
Grocery, Wholesale X X
Group Home for Developmentally Disabled Adults X X X X
119
PRINCIPAL USES ZONING DISTRICTS
R B-2 B-1 GI RC
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 S X X X
Home for the Aged S S 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) S X S
Industrial, Light (See Appendix C Note 2) (Amended 11/16/20) S X X X
Industrial, Heavy (See Appendix C, Note 2) (Amended 11/16/20) S X
Insurance Agencies X X X
Interior Decorator X X X
Janitorial Service X X X
Jewelers X X X
Karate and Other Martial Arts Instruction X X X
Kennel Operations, Care S X X
Landscape Contractor X X X
Library S 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
Permane nt Dwelling (Adopted 5/5/97) See Note 7
Manufactured Home (Individual) for Residential Occupancy - Class B
(Rev. 5/5/97) See Note 3
Manufactured Home (Individual) for Residential Occupancy - Class A
(Rev. 5/5/97) See Note 6
Manufactured Home Supplies and Equipment Sales S X X
Manufactured Homes Under the Hardship Class A and B 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
120
PRINCIPAL USES ZONING DISTRICTS
R B-2 B-1 GI RC
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 S S X X
Office and Professional Office (Adopted 12/6/99) S X X X X
Office Supplies and Equipment Sales and Service X X X
Painting Contractors X X X
Paving Contractors (Amended 12/1/2008) S
Pawn Shop X X X
Pet Sales, Excluding Kennel Activities or Outside Storage of Animals X X X
Pharmaceutical Sales, Retail X X X
Photography, Commercial X X X
Planned Building Group (See Article Viii, Section 80) (Added 12/1/03) S X X S
Post Office X X X X
Private Recreation Club Or Swimming Club Activities Not Operated As
A Business Or Profit (Amended 12/1/2008) S S S S S
Private Recreation Facilities For Profit (Amended 5/18/92, 7/8/96) S S S S S
Public Recreations (Such as Community Center Buildings, Parks,
Museums, Playgrounds, and Similar Facilities Operated on a Nonprofit
Basis)
S X X X
Public Utility Station, Bulk Station or Substations (Amended 12/1/2008) S S S S S
Radio or Television Studio Activities Only X X
Radio, Telephone and T V Transmitting Tower (See Note 9 and Article
VII & IX) (Amended 11/6/95) S X X X S
Railroad Station Operations (Amended 12/1/2008) S S S
Railroad Yard Operations S X
Real Estate Agencies X X X
Reception Centers for Recycling S X X
Reducing Salon Care X X X
Rest Home S S X X
Retailing or Servicing Operations S X X
Salvage Operation/Junkyard - Commercial S S
Second Hand and Swap Shop Sales X X X
121
PRINCIPAL USES ZONING DISTRICTS
R B-2 B-1 GI RC
School, Private o r Public (Elementary, Secondary, or Higher Level)
(Amended 12/1/2008) S S X X S
Solar Energy Systems (Added 10/2/17; Deleted 10/5/20) See Person County Solar
Energy System Ordinance
Sport Shops X X X
Stables, Horse (Amended 4/4/94) X S X
Stereophonic and High Fidelity Equipment and Supply Sales X X X
STORAGE, HAZARDOUS, TOXIC AND RADIOACTIVE WASTE NOT PERMITTED
IN ANY DISTRICT
Storage, Household and Commercial S X X
Storage, Open (Amended 5-4-01) S S S
Tanning Salons X X X
Taxicab Stand Operations (*See Note 5) X X X* X
Teaching of Art, Music, Dance, Dramatics, or Other Fine Arts S X X X
Temporary Construction Building (Amended 6/6/2005) X X X X X
Theater Productions S X X X
Tire Recapping X X
Tire Sales Centers X X X
Tobacco Sales X X X
Travel Agencies (*See Note 5) X X X* X
Truck Stop X
Truck Terminal Activities Repair and Hauling and/o r Storage X
Variety, Gift and Hobby Supply Sales X X X X
Winery (Added 11/1/2004) S X
122
NOTES TO THE TABLE OF PERMITTED USES
NOTE 1- HOME OCCUPATIONS
(Amended 9/7/94, 3/18/96)
A home occupation is an occupation carried on in a dwelling unit or accessory building in accordance
with the following.
1. The use is an incidental use to the residential property.
2. The home occupation shall not generate significantly greater volumes of traffic than
would be expected in that residential neighborhood.
3. No more than one (1) person other than the resident of the dwelling is to be engaged in
the home occupation.
4. No more than twenty-five percent (25%) of the total heated floor area of the principal
structure shall be used for the home occupation.
5. One hundred percent (100%) of an accessory structure may be used for the home
occupation: (1) if located to the side or the back of the principal structure; and (2) the total
floor area of the accessory structure does not exceed fifty percent (50%) of the gross floor
area of the principal structure.
6. The exterior of any structure (principal or accessory) shall not be built or altered in any
manner nor shall the occupation be conducted in such a way as to cause the premises to
substantially differ from its' residential character in exterior appearance.
7. The outside storage or exterior display of merchandise, products or materials, is
prohibited.
8. Required parking for a home occupation shall be met off the street and not in a required
front or side yard setback.
9. Signage shall comply with Article XII, Section 125.
10. All res idential properties served by a well and/or sewage disposal system must have said
systems evaluated (when applicable) in accordance with North Carolina General Statutes
and local regulations.
11. The use shall not emit any obnoxious or offending noise, dust, vibration, odor, smoke,
fumes, glare, electrical interference, interference to radio or television reception beyond
what normally occurs in the applicable zoning district, and shall not present a fire hazard.
12. The on-premise sale and delivery of goods which are not produced on the premises is
prohibited, except in the case of the delivery and sale of goods incidental to the provision
of a service.
123
NOTE 2 – INDUSTRIAL AND MANUFACTURING OPERATIONS
(Amended 3/18/96; 2016; 10/06/2020, 11/16/20)
TYPE OF
INDUSTRIAL
USE
GENERAL DESCRIPTION, INTENT AND STANDARDS EXAMPLES OF USES LIGHT INDUSTRIAL (LI)
Light industrial uses are prohibited in the Residential (R) Zoning
District.
Industrial operations involving the manufacturing, processing,
fabrication of acetylene gas (except for use on premises), ammunition,
explosives, fireworks, gunpowder, or matches shall not be allowed in
any district. (Amended 5/18/92)
The intent of these categories is to provide development standards that
promote the development of industrial and manufacturing operations
without compromising the health, safety and welfare of properties
adjacent to and in the vicinity of the project area. Included in this
category are uses that shall have minimal impacts on the public health,
safety and welfare.
The distinctions used in this category closely follow the NAICS
definitions. Manufacturing establishments are located in plants,
factories, or mills and employ power -driven machines and materials-
handling equipment. They may also employ workers who create new
products by hand, without the characteristic machinery-intensive
enterprise. Many manufacturing establishments process products of
agriculture, forestry, fishing, mining, or quarrying as well as products of
other manufactur ing establishments. The subcategories reflect sectors
with distinct production processes related to material inputs, production
equipment, and employee skills. Most manufacturing establishments
have some form of captive services (e.g., research and development,
and administrative operations, such as accounting, payroll, or
management). These are functionally the same as the primary
establishment. However, when such services are provided by separate
establishments, they will be evaluated as either light or heavy industrial
in their own right. If needed, Person County Planning and Zoning staff
should rely on the NAICS’ activity dimension to differentiate between
an office activity and a factory activity for such establishments.
Vegetative and/or structural bu ffers shall be required when light
industrial land uses are adjacent to or across from, any residential use
regardless of the distance separating uses (For additional information,
please see Setback Requirements – Section 75)
Manufacture,
assembly, repair or
servicing of light
industrial goods and
products; business or
consumer machinery;
equipment, products or
by-products;
Commercial bakery;
Crematorium;
Cold storage plant;
Coal sales and storage;
Manufacture, assembly
and repair of computer
components including
semi-conductors;
precision instruments;
electrical/electronic;
toys; wind energy
component;
telecommunication
equipment; advanced
textiles; transportation
equipment
components;
Sheet metal shop;
Bottling;
Woodworking, cabinet
making, and/or
furniture
manufacturing
124
TYPE OF
INDUSTRIAL
USE
GENERAL DESCRIPTION, INTENT AND STANDARDS EXAMPLES OF USES HEAVY INDUSTRIAL (HI)
Heavy industrial uses are prohibited in the Residential (R),
Neighborhood Business (B-2) and Rural Conservation (RC) Zoning
Districts. (Amended 11/16/20)
Industrial operations involving the manufacturing, processing,
fabrication of acetylene gas (except for use on premises),
ammunition, explosives, fireworks, gunpowder, or matches shall not
be allowed in any district. (Amended 5/18/92)
Vegetative and/or structural buffers shall be required when heavy
industrial land uses are adjacent to or across from, any residential use
regardless of the distance separating uses (For additional information,
please see Setback Requirements – Section 75)
This District is generally for those industrial uses where the impacts
to the public health, safety and/or welfare are greatest.
These industrial uses typically have large land requirements and
require the outdoor storage of materials. In addition to most of the
industrial uses permitted as “Industrial, Light” uses, uses involving
the primary processing of materials such as metal refining, plastics,
pulp and paper, animal rendering, clay sand or gravel processing are
included in this category. (Amended 11/16/20)
The Director of Planning may use discretion to consider uses not
specifically listed here as long as these meet the intent of the
definition. The Planning Director shall provide a summary
supporting of their interpretation for the record.
The distinctions used in this category closely follow the NAICS
definitions. Manufacturing establishments are located in plants,
factories, or mills and employ power-driven machines and materials-
handling equipment. They may also employ workers who create new
products by hand, without the characteristic machinery-intensive
enterprise. Many manufacturing establishments process products of
agr iculture, 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 ma nufacturing
establishments have some form of captive services (e.g., research and
development, and administrative operations, such as accounting,
payroll, or management). These are functionally the same as the
primary establishment. However, when such services are provided by
separate establishments, they will be evaluated as either light or heavy
industrial in their own right. If needed, Person County Planning and
Zoning staff should rely on the NAICS’ activity dimension to
differentiate between an office activity and a factory activity for such
establishments.
Animal Processing,
Packing, Treatment
and Storage
Livestock
Slaughtering,
Processing of Food
and Related
Products
Production of
Chemicals, Rubber,
Leather, Clay,
Bone, Plastic,
Stone, Glass
Production of
Fabrication of
Metals or Metal
Products
(enameling,
galvanizing,
sawmill)
Asphalt and
concrete plants
Power generating
plants, including the
storage of ore, coal,
atmospheric gas,
grain, petroleum
and other materials
used to produce
power
Hazardous material
disposal
Explosive Storage
and Distribution
Facilit ies
Fertilizer
Manufacture
Quarry Operations
Storage, Flammable
125
INDUSTRIAL ADDITIONS:
1. If otherwise in compliance with applicable provisions of the ordinance and other rules or
regulations, the Zoning Administrator may approve or approve with conditions an
application to expand a principal structure, or parking and circulation areas, by not more
than 10 percent (10%) of those respective areas as reflected in a Special Use approved by
the Board of Commissioners, or as in existence at the time zoning became effective as to
the zoning lot, whichever is applicable. This ten percent limitation shall apply whether
reached in one increment or in more than increment over time.
Prior to making a final decision on any such application, the applicant shall cause notice of
the proposal in a form approved by the Administrator to be given by first class mail to all
property owners within five hundred (500) feet, as shown on the County's tax records, of
the zoning lot. The Zoning Administrator shall afford the notified property owners ten (10)
days within which to comment before mailing a final decision on the application. The
Zoning Administrator shall notify the Planning Boards at its next regular meeting of any
application approved or approved with conditions under this section.
If, in the judgment of the Zoning Administrator, the application presents significant issues
affecting the public health, safety and welfare, he/she shall refer the application to the
Planning Board for approval, denial, or approved with conditions. In such cases, the
applicant shall cause notice of the Planning Board meeting in a form approved by the Zoning
Administrator to be given by first class mail to all property owners within five hundred
(500) feet, as shown on the County's tax records, of the zoning lot.
2. If otherwise in compliance with applicable provisions of this ordinance and other rules or
regulations, the Planning Board may approve an application to expand a principal structure,
or parking and circulation areas, by not more than fifteen percent (15%) of those respective
areas as reflected in a Special Use approved by the Board of Commissioners, or as in
existence at the time zoning became effective as to the zoning lot, whichever is applicable.
This fifteen percent limitation shall apply whether reached in one increment or in more than
one increment over time.
126
NOTE 3 - MANUFACTURED HOMES, CLASS B
(See Note 6 for Manufactured Homes, Class A)
(Amended 7/11/94, 11/6/95, 5/5/97; 5/3/21)
A 'Class B' manufactured home shall be a permitted use in the Residential (R) and Rural Conservation
(RC) Zoning Districts provided that:
(1) The exterior finish is in good repair and the exterior materials are comparable in composition,
appearance and durability to the exterior siding commonly used in standard residential construction.
Acceptable materials for the exterior of such homes include but are not limited to vinyl or aluminum
horizontal lap siding (whose reflectivity does not exceed that of gloss white paint), wood, or
hardboard.
(2) The manufactured home is set up in accordance with the standards set by the North Carolina
Department of Insurance and a continuous, permanent masonry foundation or masonry curtain wall,
unpierced except for required ventilation and access, is installed under the perimeter of the
manufactured home;
(3) The roofing materials are compatible with those used in standard residential construction;
(4) The wheels, axles, transporting lights and towing apparatus have been removed
(5) Stairs, porches, entrance platforms and other means of entrance and exit to the home are installed
or constructed in accordance with the North Carolina State Building Code, Volume VII -
Residential.
A Class B manufactured home meeting conditions 1 through 5 above shall be a special use in the
Highway Business (B-1) and Neighborhood Business (B-2) Zoning Districts except when located
within a mobile home park.
Class B manufactured homes may be used only for residential purposes and may not be used for storage
accessory buildings, utility buildings nor shops.
All standards of this ordinance must be met before a Certificate of Compliance is issued by the Person
County Inspection Department.
Class B manufactured homes not meeting requirements (1) through (5) above may be located in a
mobile home park subject to the provisions of the Person County Mobile Home Park Ordinance. (Rev.
5/5/97)
127
NOTE 4 - MANUFACTURED HOMES, HARDSHIP (Revised 5/3/21)
The Zoning Administrator may grant temporary permits for placing mobile homes for dwelling
purposes to the rear or side of a dwelling located on a residential lot in certain hardship cases when the
Zoning Administrator finds that:
(1) The person or persons occupying the mobile home are physically dependent upon the
person or persons occupying the dwelling house, or that the person or persons occupying
the dwelling house are physically dependent upon the person or persons occupying the
mobile home.
(2) The water and sewage facilities are approved by the District Health Department.
(3) One of the following types of relationships exists between the occupants of the
manufactured home and the occupants of the principal dwelling unit:
a) Blood relationship.
b) Relat ionship by marriage.
c) Legal guardian relationship established by law.
d) The attendant is compensated for his or her services and is providing care for not
more than two related persons.
(4) The manufactured home meets requirements 1 through 5 in Note 3 Manufactured Homes,
Class B In Appendix C, Notes to the Table of Permitted Uses.
The permit shall expire after one (1) year and shall be renewable upon similar findings by the Zoning
Administrator. When the hardship ceases to exist, the permit shall automatically be revoked and the
mobile home removed. When any of the terms, conditions, or restrictions imposed on the zoning permit
are not being complied with, the Zoning Administrator shall rescind and revoke such permits after
notifying all parties concerned by letter.
Any mobile home approved by the Zoning Administrator under the hardship provisions prior to the
date of this amendment shall be included in the above restrictions with regard to expiration of permits
after one (1) year from the date of issuance and all such permits shall be renewed within one (1) year
of the date of this amendment. (Rev. 5/5/97)
NOTE 5 - AIRPORT OVERLY
1. Use specifically permitted only in the Airport Overlay, provided in accordance with
applicable ordinance provisions.
128
NOTE 6 - MANUFACTURED HOMES, CLASS A
(Adopted 5/5/97)
A Class A manufactured home shall be a permitted use in the Residential (R), Highway Business (B-
1). Neighborhood Business (B-2) and Rural Conservation (RC) Zoning Districts provided that:
(1) The ma nufactured home is listed and assessed as real property;
(2) All roof structures shall provide an eaves projection of no less than six inches, which may
include a gutter;
(3) The exterior siding consists predominantly of vinyl or aluminum horizontal lap siding (whose
reflectivity does not exceed that of gloss white paint), wood, or hardboard, comparable in
composition, appearance and durability to the exterior siding commonly used in standard
residential construction;
(4) The manufactured home is set up in accordance with the standards set by the N.C. Department
of Insurance and a continuous, permanent masonry foundation or masonry curtain wall,
unpierced except for required ventilation and access, is installed under the perimeter of the
manufactured home;
(5) Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the
home shall be installed or constructed in accordance with standards set by the North Carolina
State Building Code, Volume VII - Residential; and
(6) The moving hitch, wheels and axles, and transporting lights have been removed.
A Class A manufactured home may be used only for residential purposes and may not be used for
storage, accessory buildings, utility buildings nor shops. All standards of this ordinance must be met
before a Certificate of Compliance is issued by the Person County Inspection Department.
A Class A manufactured home not meeting criteria (1) through (6) above may be located in a mobile
home park subject to provisions of the Person County Mobile Home Park Ordinance.
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NOTE 7 - MANUFACTURED HOME FOR TEMPORARY DWELLING DURING
CONSTRUCTION OF A PERMANENT DWELLING (Revised 5/3/21)
The Zoning Administrator may allow the temporary placement of a manufactured home for dwelling
purposes on a lot during construction or installation of a permanent residential unit on that lot provided
that:
(1) A building permit has been issued for construction of the permanent home;
(2) The construction of the permanent home is started within six (6) months from placement of the
manufactured home on the lot and is completed within three (3) years from the date of approval
of the zoning permit. At the discretion of the Zoning Administrator, the duration of the zoning
permit may be extended a maximum of five (5) years from the date of approval of the permit to
allow completion of the permanent home;
(3) The exterior finish is in good repair and the exterior materials are comparable in composition,
appearance and durability to the exterior siding commonly used in standard residential
construction. Acceptable materials for the exterior of such homes include but are not limited to
vinyl or aluminum horizontal lap siding (whose reflectivity does not exceed that of gloss white
paint), wood, or hardboard; and
(4) The manufactured home is set up in accordance with the standards set by the North Carolina
Department of Insurance.
The manufactured home must be removed from the lot within thirty (30) days following issuance of
the Certificate of Occupancy of the permanent home.
Should any of the terms, conditions or restrictions imposed on the zoning permit be violated, the Zoning
Administrator shall rescind and revoke such permits after notifying by letter all parties concerned and
granting them full opportunity of a hearing. When such a zoning permit is revoked, the manufactured
home for which it was issued must be removed from the property within thirty (30) days after the
revocation is final. (Adopted 5/5/97)
NOTE 7A – TEMPORARY EMERGENCY USE OF CAMPER/RECREATIONAL VEHICLE
(Added 8/2/2010; Revised 5/3/21)
Temporary emergency use of a camper/recreational vehicle is allowed for a period of six months in the
event of a fire, flood or other natural disaster which has made the principal dwelling uninhabitable.
The temporary use must be located on the same lot and a zoning permit is required. The zoning permit
may be renewed for one additional six month period.
The Zoning Administrator may allow the temporary use of a camper/recreational vehicle for dwelling
purposes during the construction or installation of a new permanent residential unit due to the previous
residential unit being made unihabitable by a natural disaster provided that:
1. A building permit has been issued for construction of the permanent home.
2. Approval is for a maximum period of one year. Applicant shall only be allowed one
reapplication for the same lot after the initial six month application period.
3. The camper/recreational vehicle cannot be used for residential purposes on the same lot
once the certificate of occupancy is issued or the time allowed by the zoning permit has
expired.
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NOTE 8 – PRIVATE AIRSTRIP/HELIPORT
(Added May 7, 2001)
Private airstrip/heliport without commercial activity. No zoning permit required.
NOTE 9 – RADIO, TELEPHONE AND TV TRANSMITTING TOWER
Towers located in B1, B2 or GI Districts require a Special Use Permit if located adjacent to a
residential use.
Setbacks for Radio, Telephone and TV Transmitting Towers will be equal to the height of the
tower unless the fall-zone is certified to be less than the height of the tower.
Lattice towers, or self-supporting towers, with a triangular base tapered to the top and engineered
with break-points may be setback a distance ½ their height.
At a minimum, towers in all Districts are subject to the standards of the Table of Dimensional
Requirements (Table 75; page 64).
There are no height limitations for towers except as specified by the Federal Aviation
Administration (FAA) in the vicinity of the Person County Airport.
NOTE 10 – DELETED 10/5/20