09.23.2025 Agenda Packet BOA
PERSON COUNTY
PLANNING AND ZONING
DEPARTMENT
325 S. Morgan Street,
Suite B
Roxboro, North Carolina 27573
PERSON COUNTY BOARD of ADUSTMENT
PERSON COUNTY OFFICE BUILDING, ROOM 215
SPECIAL MEETING AGENDA
September 23, 2025
7:00 P.M.
A. Call To Order / Determination of Quorum
B. Conflict of Interest polling of members
C. Public Hearing (all testimony will be provided under oath)
AP-01-2025 –Appeal of Zoning Administrator’s interpretation. Appeal from Hot Rock Haulers, LLC to
reverse the interpretation by the Zoning Administrator that their intended use of a site at 3722
Woodsdale Road is “open storage” indicating that the use is “commercial storage” and thereby a use by
right in Rural Conservation with no need for a Special Use Permit.
D. Approval of the Minutes
Minutes of August 19th, 2025
E. Adjournment
PERSON COUNTY
PLANNING AND ZONING
DEPARTMENT
325 S. Morgan Street,
Suite B
Roxboro, North Carolina 27573
PERSON COUNTY BOARD of ADUSTMENT
PERSON COUNTY OFFICE BUILDING, ROOM 215
SPECIAL MEETING AGENDA
September 23, 2025
7:00 P.M.
A. Call To Order / Determination of Quorum
B. Conflict of Interest polling of members
C. Public Hearing (all testimony will be provided under oath)
AP-01-2025 –Appeal of Zoning Administrator’s interpretation. Appeal from Hot Rock Haulers, LLC to
reverse the interpretation by the Zoning Administrator that their intended use of a site at 3722
Woodsdale Road is “open storage” indicating that the use is “commercial storage” and thereby a use by
right in Rural Conservation with no need for a Special Use Permit.
D. Approval of the Minutes
Minutes of August 19th, 2025
E. Adjournment
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PERSON COUNTY PLANNING & ZONING DEPARTMENT
STAFF REPORT
Appeal of Zoning Administrator’s Interpretation
Request
Appeal from Hot Rock Haulers, LLC (through their attorney, Robin Tatum) to reverse the interpretation
by the Zoning Administrator that their intended use of a site at 3722 Woodsdale Road is “open storage.”
They state that the use is “commercial storage” and thereby a use by right in Rural Conservation with no
need for a Special Use Permit.
Background
March 25, 2025 Complete application for Special Use Permit received by planning staff
April 21, 2025 Notices mailed to property owners & hearing ad placed in the newspaper for May
5 hearing with Board of County Commissioners
May 5, 2025 Commissioners granted applicant’s request to delay hearing on the project in
order to retain legal counsel
July 29, 2025 Request for interpretation filed
August 13, 2025 Interpretation provided by staff
August 29, 2025 Appeal of interpretation filed
Attachments
The applicant has submitted approximately 18 pages of documentation in regard to their appeal of my
interpretation of their proposed use of gypsum storage as “open storage” under the Person County
Planning Ordinance.
The letter containing my interpretation along with copies of emails and minutes are all documents I
provided as part of my interpretation. Also included is the letter sent to me to formally request the
interpretation.
The entire permitted use table as it was in March 2025 (without notes) is also attached for your reference.
Notice provided
As requested by the Board of Adjustment’s Rules of Procedure, notice of this meeting and application was
advertised in the local paper and notices were mailed to the property owners who received notice of the
Special Use permit hearing. This notice is greater than that required by state law.
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9/12/2025
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APPENDIX C
TABLE OF PERMITTED USES
(Amended: 5/18/92; 11/17/92; 4/4/94; 7/11/94; 2/19/96; 6/3/96; 7/8/96; 5/5/97; 12/6/99; 5/4/2001;
12/1/2003; 6/6/2005; 11/1/2004; 11/19/2007; 11/3/2008; 12/1/2008; 4/20/2015; 9/6/2016; 10/2/17;
10/5/20, 11/16/20; 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
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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
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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
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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
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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
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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
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PERSON COUNTY
PERSON COUNTY BOARD OF ADJUSTMENT BOARD MEETING MINUTES
Person County Office Building, Room 215
August 19th, 2025, 7:00 PM
CALL TO ORDER/DETERMINATION OF A QUORUM
Since the board had not met in over a year, Interim Director Hauth established a quorum had been met and called the
meeting to order at 7:00.
ROLL CALL
Members Present: Member Thomasson, Member Lampert, Member Fitzgerald, Alternate Evans, Member
Lynch (arrived during orientation)
Members Absent: Member White
Staff Present: Interim Director Margaret Hauth, and Michie Brandon Planning Technician, and Board
Recording Secretary
INTRODUCTIONS
Interim Director Hauth introduced herself and thanked the members for their willingness to serve Person County.
Since the board had not needed to meet for a few years, she asked the members to briefly introduce themselves. Each
member provided a brief introduction.
ELECTION OF OFFICERS
Interim Director Hauth opened the floor for nominations for the position of chair. Member Thomasson nominated
Member Lynch for Chair. Member Fitzgerald seconded. (Member Lynch was not yet present).
Vote: Motion carried unanimously, 4–0.
Interim Director Hauth opened the floor for nominations for the position of vice-chair. Member Fitzgerald
nominated Member Thomasson for Vice Chair. Member Lampert seconded.
Vote: Motion carried unanimously, 4–0.
BOARD ORIENTATION
Interim Director Hauth presented a Board of Adjustment orientation to the members, using slides from training
provided by the School of Government for quasi-judicial procedures. The topics covered included: steps in the
quasi-judicial process, details about conflicts of interest, evidence and burden of proof, and the types of reviews the
members could expect to see. Member Lynch arrived during the training and was advised of her election as the
chair. The members asked questions of clarity and held some general discussion. Hauth noted she had no knowledge
of any applications that required board action at this time, but was glad to have the board ready to meet.
ADJOURNMENT
Member Fitzgerald moved to adjourn. Member Evans seconded.
Vote: Motion carried unanimously, 5–0.
The meeting was adjourned at 7:51 p.m.
___________________________________
Chair, Cynthia Lynch
___________________________________
Recording Secretary, Michie Brandon
Planning Technician, Person County Planning and Zoning
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