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10-09-2025 Agenda Packet PB PERSON COUNTY PLANNING AND ZONING DEPARTMENT 325 S. Morgan Street, Suite B Roxboro, North Carolina 27573 PERSON COUNTY PLANNING BOARD PERSON COUNTY AUDITORIUM MEETING AGENDA October 9, 2025 7:00 P.M. A. CALL TO ORDER / DETERMINATION OF QUORUM B. CONFLICT OF INTEREST AVOIDANCE REMINDER & DECLARATIONS C. NEW BUSINESS 1. Partial Right of Way Request – Request from applicant to make use of a 20’ access easement to create 1 additional lot off Romans Rd (TM A 28 216) D. PUBLIC HEARING ITEM(S) 1. RZ-02-25 – Request from Chris and Brian Hicks to rezone 6.62 acres in 6 different parcels near the intersection of Jim Thorpe Highway and Virgilina Road from Residential (R) to Business 1 (B1) (TM 72-22, 72-43, 72-44, 72-45, 73-36 & 73-69). 2. Petition TA-10-25 – Amend the Planning Ordinance Appendix B and C to clarify provisions for short term rentals of whole dwellings and rooms. 3. Petition TA-11-25 – Amend the Planning Ordinance Appendix C to allow Camper/RV Parks as a by- right use in the RC district subject to new requirements added as Section 80-4. 4. Petition TA-09-25 – Amend the Planning Ordinance to create Section 61 to clearly allow multiple dwellings on lots subject to conditions with amendments to the permitted use table and definitions section to add clarity. 5. Petition TA-12-25 – Amend the Planning Ordinance Appendix B and C to consolidate uses in the permitted use table and add new definitions. 6. Petition TA-14-25 – Amend the Planning Ordinance Section 155 to assign review of Special Use Permits to the Board of Adjustment rather than the Board of Commissioners. 7. Petition TA-08-25 – Amend the Subdivision Regulations to more clearly identify the types of subdivisions and the types of access needed for each type. 8. Petition TA-13-25 – Amend the Planning Ordinance to create Sections 80, 81, 82, 83, 84, and 85 to detail review processes by use from the current ordinance, junkyard ordinance, and mobile home park ordinance. This will allow the deletion of the junkyard and mobile home park ordinances. E. APPROVAL OF MINUTES 1. Minutes of August 14, 2025 (attached) F. OTHER BUSINESS AND ANNOUNCEMENTS G. ADJOURNMENT PERSON COUNTY PLANNING & ZONING DEPARTMENT STAFF REPORT Partial Width Right of Way Request – 20’ access easement off Romans Road (TM A28 216). Request Michael Agins, contract purchaser of the parcel at 343 Thee Hester Road has filed a request to use a partial width right of way to create one additional lot. The parcel in question is 2.69 acres, but oddly configured. The survey is attached. Introduction Partial width right of way requests are rare and unusual. I was able to find one or two similar requests in the last 20 years. The amendments under consideration have no impact on this request. There are no standards for applications or fees for this type of request. Subdivision Regulations language: 51-4 A partial-width right of way may be allowed in a subdivision where: (a) In the judgment of the Planning Board it is found that the nature and location of the subdivision, including such considerations as topography, the surrounding area, the present and future road plans, and access by public safety vehicles, are such that a partial width right-of-way is justified; and, (b) The access serving the subdivision is classified as a Class B road in accordance with a policy entitled: "Minimum Construction Standards for Private Roads, Person County, North Carolina"; and, (c) The right-of-way width provided is adequate to allow for the construction of a travelway, ditches, shoulders and turn around required for the class of road serving the subdivision; and, (d) The right-of-way width provided would allow access by the largest emergency services vehicle serving the district in which the subdivision is located; and, (e) If one or more of the following conditions are met: (1) When the partial width right-of-way adjoins undeveloped property and is not less than twenty-five (25) feet in width, and when said adjoining undeveloped property is subdivided and the remainder of the full required right-of-way can be dedicated. (2) When access to the subdivision is across property owned by other than the applicant and the property owner is unwilling to grant, sell or otherwise convey the full required right-of-way width to the applicant. (3) When pre-existing conditions preclude the provision of full right of way due to the pattern of adjacent development, historical common access and/or site-specific physical constraints. (f) Failure of the Planning Board to render a decision by its next regular meeting after the request has been received shall constitute the approval thereof. The decision of the Planning Board may be appealed to the Board of County Commissioners and the failure to render a decision within forty-five (45) days shall constitute approval thereof. TA-01-25 Application Staff Report Page 2 of 2 9/22/2025 Planning & Zoning Department Staff Analysis & Potential Motion This decision rests solely with the Planning Board. The following points are meant to align with the section noted above. b) Romans Road existed prior to subdivision review in Person County. The survey information shows that the existing gravel is 20’ wide. The standard for a Class B road is 18 feet. c) The proposed access easement is 20’ wide. d) The attached email from the Fire Marshal indicates 20’ of width is adequate. e) Both 2 and 3 apply to this circumstance. The applicant approached the owner to the north side to seek access from an existing private road there and was denied. He also asked the owner as the pinch-point of the new access and was denied. f) The Planning Board has authority to make this decision. If the applicant or a neighboring owner wishes to appeal, the request goes to the Board of Commissioners. If the members feel inclined to grant this request, a motion to approve could be worded like this: After discussion of the partial right of way request, I move that the board find the applicant has met the minimum standards for this request to be granted. If the members are inclined to deny the request, a motion to deny could be worded like this: After discussion of the partial right of way request, I move that the board find the applicant has not met the minimum standards for this request to be granted, specifically (state reason). Attachments: Exhibit A: Application and survey PDF Created with deskPDF PDF Writer - Trial :: http://www.docudesk.com 1 Margaret Hauth From:Shawn Bradsher Sent:Wednesday, September 17, 2025 2:19 PM To:Margaret Hauth; Thomas Schwalenberg Subject:Re: Opinion of Emergency Services needed: 343 THEE HESTER Follow Up Flag:Follow up Flag Status:Flagged Hey Margaret. As long as they keep the driveway at 20' width the entire length this will allow access to Emergency Vehicles that service this area. Shawn Bradsher Fire Marshal Division Chief Division of Community Risk Reduction Person County Department of Emergency Services 304 South Morgan Street Room 153 Roxboro, NC 27573 Office Phone: 336-330-2315 Cell Phone: 336-598-2167 Email: sbradsher@personcountync.gov From: Margaret Hauth <mhauth@personcountync.gov> Sent: Monday, September 15, 2025 11:51 AM To: Thomas Schwalenberg <tschwalenberg@personcountync.gov>; Shawn Bradsher <sbradsher@personcountync.gov> Cc: Katherine Cathey <kcathey@personcountync.gov>; Michael Agins <michaelagins@outlook.com> Subject: Opinion of Emergency Services needed: 343 THEE HESTER Thomas and Shawn, On or about May 27 one of you likely received an email from Mike Agins inquiring about emergency service access to property off Thee Hester Road he is looking to acquire. The Subdivision Regulations normally require a 50’ access easement or ROW for new lot creation. There is a provision for partial width rights of way if the Planning Board approves. Mr. Agins has now formally filed to request partial width right of way for a new access easement coming off Romans Road. Please refer to the attached drawing. The Planning Board will receive this request at their October 9 meeting. Packets for that meeting will be mailed September 22. Please provide a written statement as to whether the plan proposed meets this ordinance requirement: “The right of way provided would allow access by the largest emergency services vehicle serving the district in which the subdivision is located.” I would greatly appreciate receiving your comment prior to September 22 so it can be included in the mailed packets. I’m happy to try and answer any questions or provide more background, if needed. I am in the office M, W, F (except this Wednesday 9/17 when I have a root canal scheduled). Thanks! Margaret PERSON COUNTY PLANNING & ZONING DEPARTMENT STAFF REPORT Rezoning/Map Amendment RZ-02-25 – A request by the Applicant/Owners Chris and Brian Hicks for Rezoning approval on 6.62 acres located at the intersection of Jim Thorpe Hwy and Virgilina Road, Tax Map 72-22, -43, -44, -45, 73-36 ad 73-69 from R (Residential) to B1 (Highway Commercial Business). Request Rezoning/Map Amendment RZ-02-25 – A request by the Applicant/Owners Chris and Brian Hicks for Rezoning approval on 6 parcels located at the intersection of Jim Thorpe Hwy and Virgilina Road from R (Residential) to B1 (Highway Commercial Business). The application and scale drawing of the properties preceded this report in the agenda packet. The parcels are partially developed. Parcel 73-69 is partially zoned B1 by previous board action. (Exhibit A: Aerial Photo). Existing Land Use & Land Use Compatibility The application covers 6 parcels owned by the Hicks brothers. A portion of 73-69 was zoned B1 under a 2024 previous request, as was another parcel they own in the vicinity (72-48). The sites with access to Providence Cemetery Road have dwellings on them while the other sites are vacant. No specific development plans have been mentioned. The owners are simply requesting commercial zoning to improve marketability and have all of their holdings in one zoning district. The parcels are surrounded by rights of way. The adjacent uses are as follows: •North: Providence Rd right of way and 2 manufactured homes •South: Virgilina Road right of way and vacant land (although tax card lists a small house) •East: Providence Cemetery Road and church property •West: Residential Surrounding zoning (see Exhibit B): North: Residential South: Residential and B-1 (highway Commercial) East: Residential West: Residential Residential District: The purpose of this district is to provide for single family residential uses and compatible development. 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. (Exhibit B: Zoning Map) Comprehensive Plan & Zoning Consistency Person County Planning Ordinance Section 152, Zoning Permits, as well as, North Carolina General Statues (NCGS) § 160D-604 & § 160D-605 requires plan consistency and a recommendation from the Planning Board and the Board of Commissioners. Zoning amendment review shall also follow specific criteria, as listed in NCGS Article 7, § 160-701, as follows: RZ-02-25 - Staff Report 9/22/2025 Page 2 of 3 Purposes. Zoning regulations shall be made in accordance with a comprehensive plan and shall be designed to promote the public health, safety, and general welfare. To that end, the regulations may address, among other things, the following public purposes: to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to lessen congestion in the streets; to secure safety from fire, panic, and dangers; to facilitate the efficient and adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and to promote the health, safety, morals, or general welfare of the community. The regulations shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the local government's planning and development regulation jurisdiction. This site is designated Growth Area in the Future Land Use Plan, as are the surrounding properties (Exhibit C: Future Land Use Map): The Growth Areas future land use category is applied to areas which should be prioritized for future development. These areas are generally within close proximity to the City of Roxboro and can be easily served by both water and sewer infrastructure based on the topography and drainage patterns of the areas to which this land use classification is applied. For these reasons, the density and intensity of development should be higher than other unincorporated areas of the County as a whole; though these areas should be targeted primarily for residential land uses. It is anticipated that new development in these areas will eventually become part of Roxboro’s corporate limits. Primary Uses: Residential Secondary Uses: Supporting Commercial Uses Exhibit D contains the Permitted Use Table from the Planning Ordinance to help compare the uses currently allowed on site with those that would be allowed if the rezoning is approved. This is a legislative decision, so all the uses listed in the Permitted Use Table must be considered as potential uses for the site. No conditions or limitations for particular uses or categories of use can be added with a legislative rezoning application. The parcels are not currently served by Roxboro water or sewer. The Person County & City of Roxboro Joint Comprehensive Land Use Plan (Comp Plan) includes the following Guiding Principles, with relation to this rezoning request (listed in italics): Guiding Principle No. 2 – Facilitating Sustainable Economic Growth • Guiding Principle No. 2.1 – Designate sufficient developable land and sites to support economic growth. Upon review of Application RZ-02-25, the Planning Board is to advise and comment on whether the proposed action is consistent or inconsistent with the County’s adopted Comp Plan. This “Statement of Reasonableness and Plan Consistency” may be approved in a single-statement for a motion. Specifically, the Planning Board shall provide a written recommendation to the Board of Commissioners from this single-statement addressing the Comp Plan consistency or inconsistency and any other matter, as deemed appropriate by the Planning Board. Any statement of inconsistency shall not preclude consideration or approval of the proposed amendment application by the Board of Commissioners. The Board of Commissioners shall also adopt a statement describing whether their action is consistent or inconsistent with the Comp Plan and why that action is reasonable and in the public’s interest. RZ-02-25 - Staff Report 9/22/2025 Page 3 of 3 Planning Staff Analysis & Recommendation The Hicks brothers own a number of parcels in the vicinity of this intersection. In 2024 just over 1 acre was zoned B-1 at their request on Thaxton Road. About 1 acre of a parcel they own on Providence Cemetery Road is also zone B-1. The parcels have a lot of visibility and access as they are surrounded by rights of way. If the request is approved, 3 development sites would be created of various sizes: 1.9 acres, 2.6 acres, and 3.2 acres. If the Planning Board finds they want to recommend approval of the Rezoning/Map Amendment Application RZ-02-25, the Planning Board can provide a written Statement of Reasonableness and Plan Consistency to the Board of Commissioners in a single-statement potential motion, as follows: “I hereby move to approve Rezoning/Map Amendment Application RZ-02-25, for the Hicks rezoning request to rezone the 6.62 acres at the intersection of Virgilina Road and Jim Thorpe Hwy from the R (Residential) to B1 (Highway Commercial) district, and find it is consistent with the adopted Person County & City of Roxboro Joint Comprehensive Land Use Plan” because (please provide a description). Attachments: Exhibit A – Aerial Photo Exhibit B - Zoning Map Exhibit C – Future Land Use Map Exhibit D – Permitted Use Table Prepared by: Margaret A. Hauth, Interim Planning Director 9/22/2025 PERSON COUNTY PLANNING & ZONING DEPARTMENT STAFF REPORT Text Amendment TA-10-25 to manage short term rentals of whole dwellings and rooms Request Text Amendment TA-10-25 proposes to more clearly manage short term rentals of whole dwellings and rooms within dwellings. Introduction During the attempt to draft a Unified Development Ordinance, there was significant discussion about short term rentals. Defining the term and types of this use is important, then establishing a review process for each type. The draft UDO had defined the term “lodging unit” to address the temporary nature of the occupancy and the fact that residents have a permanent residence elsewhere. State law also defines variations on use as it relates to rental agreements for vacation rentals. LODGING UNITS– A Bed & Breakfast Home, per NCGS § 130A-247 (5a), or Short-Term Rental are types of lodging units. For this Ordinance, the following applies: a) BED & BREAKFAST – A home or lodge that provides overnight accommodations in up to eight individual rooms, with or without a meal (usually breakfast) served to guests, that is the permanent residence of the owner or manager of the business. This use may be permitted with a home occupation permit in any dwelling where the area of the guest rooms does not exceed 25% of the total heated floor area of the principle dwelling structure along with the other requirements for home occupations. b) SHORT-TERM RENTAL – The rental of a complete dwelling unit, camper, or recreational vehicle, with no separate staff, office, or managerial front desk. Campers and recreational vehicles may only be located within an approved park. This use may occur in any dwelling unit or park without further permitting. c) All lodging units under this definition are to be occupied by residents who have a permanent home to which they intend to return. (From draft UDO with edits) PRINCIPAL USES R B- 2 B- 1 GI RC Bed and Breakfast Inns, Boarding and Rooming Houses, and Tourist Homes S X X Camper/Recreational Vehicle Park (Amended 8/2/2010) (See Section 155-2) S S S SX Lodging Units X X X X X TA-02-25 - Staff Report Page 2 of 2 9/22/2025 A Bed and Breakfast is generally a small-scale hotel that occupies a residential dwelling. Rarely was the structure constructed to house guests. It’s more commonly a redevelopment of house that is too large for family use. The tradition has been for the hosts to provide breakfast to the lodgers, though that is not always the case. Meals are not available to the general public and generally don’t have a separate price from the lodging. The definition specifically references 8 rooms because the definition of a hotel starts at a facility having 9 guest rooms. The smaller the scale of this facility, the more likely it is able to fit into a neighborhood with limited impact. I have added the provision to allow this use with a home occupation permit when the guest area meets the 25% floor area applied to other home occupations. I have seen this work in other communities. Discussion points • The board may want to discuss whether the structure is required to be the residence of the manager/owner. This does not need to be the case, but it does limit the use. The home occupation option should only be available if it is indeed the manager/owner’s residence. • I made the provision of a meal flexible and also allowed the option of other meal service. • If the board wants more clarity that the public cannot be served a meal, that can be added. • Whether events can be hosted may also be a point of discussion as B &Bs are often event venues. • When an entire dwelling unit is rented with no staff, there is no real difference from a land use standpoint than if the house is permanently occupied by a long-term renter. • If there are too many people occupying a house in the short-term, zoning is not the way to address that because the enforcement process is too long and time consuming. • Language could be added to specify that accessory dwelling cannot be offered as short-term rentals unless the property owner also lives on site. • Aspects of short-term rental like overcrowding, trash or traffic need to be addressed by other departments. • Neighborhood Associations are welcome to restrict short-term rentals within their boundaries provided they undertake enforcement. Comprehensive Plan & Zoning Consistency Person County Planning Ordinance Section 153, Amendments to the Zoning Map or Ordinance, as well as, NCGS §160D-604 & § 160D-605, requires plan consistency and a recommendation from the Planning Board and the Board of Commissioners. For amendments like this, one is unlikely to find language in a comprehensive plan to support the amendments. A general statement of plan consistency and a desire for clear regulations can use used as adequate support. Planning & Zoning Department Staff Analysis & Potential Motion Based on the above, Planning & Zoning Department staff states that the amendments are consistent with the Comprehensive Plan and the Planning Board could adopt a written Statement of Reasonableness and Plan Consistency to the Board of Commissioners in a single-statement potential motion, as follows: “I hereby move to recommend approval of the short-term rental amendments, and find the document reasonable, in the public’s interest, and consistent with the Person County & City of Roxboro Joint Comprehensive Land Use Plan because it clarifies the regulation language.” Attachments: none 9/22/2025 PERSON COUNTY PLANNING & ZONING DEPARTMENT STAFF REPORT Text Amendment TA-11-25 to allow Camper/RV Park in the RC zoning district by right Request Text Amendment TA-11-25 establishes basic criteria to allow Camper/RV parks by right in the RC district. Introduction The Board of Commissioners has expressed some interest in allowing Camper/RV Parks by right in the RC district to ease the short-term housing crunch expected with significant construction activity at county non-residential sites. The text amendments would: • Change the use to by right in the RC district • Keep the SUP requirement in R & B districts • Add a requirement for a planted buffer in the RC district where the parcel abuts a US or NC highway. The planting standard is the same are required for industrial. • Move the SUP requirements into a newly created section that consolidates SUP requirements by use. For more information – see the consolidation amendments. Section numbering may change. PRINCIPAL USES R B-2 B-1 GI RC Camper/Recreational Vehicle Park (Amended 8/2/2010) (See Section 155-2) S S S SX 80-4 Additional Requirements for Camper/Recreational Vehicle Park (NEW) a) A minimum lot size of two acres is required. b) A proposed park must contain at least 2,500 square feet of land area for each proposed tent or trailer space (Density standard reworded). c) A minimum fifty-foot buffer when property abuts US/NC highways. 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. Staff recommends adjusting the planting standard & requiring a fifty-foot undisturbed perimeter to match the SUP requirement so that planting is only required TA-02-25 - Staff Report Page 2 of 2 9/22/2025 when adjacent to the state or US highway) 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) 81-2 Camper/Recreational Vehicle Park (moved from current SUP section) a) A minimum lot size of two acres is required. b) Density to be 2500 square feet for each tent or trailer space. (Replace current language with -> A proposed park must contain at least 2,500 square feet of land area for each proposed tent or trailer space.) c) A minimum fifty-foot undisturbed 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) Additional change needed: After this was sent to public hearing, staff determined that the buffer planting requirement is too dense to allow the plant material to live. Another arrangement needs to be considered to be a workable and enforceable requirement. New language will be discussed at the hearing. Comprehensive Plan & Zoning Consistency Person County Planning Ordinance Section 153, Amendments to the Zoning Map or Ordinance, as well as, NCGS §160D-604 & § 160D-605, requires plan consistency and a recommendation from the Planning Board and the Board of Commissioners. Planning & Zoning Department Staff Analysis & Potential Motion Based on the above, Planning & Zoning Department staff states that the amendments are consistent with the Comprehensive Plan and the Planning Board could adopt a written Statement of Reasonableness and Plan Consistency to the Board of Commissioners in a single-statement potential motion, as follows: “I hereby move to recommend approval of the RV park text amendment, find the amendment reasonable, in the public’s interest, and consistent with the Person County & City of Roxboro Joint Comprehensive Land Use Plan because it is consistent with the stated purpose of the Rural Conservation district and adds flexibility to provide more housing choice in a short period of time.” Attachments: None 9/22/2025 PERSON COUNTY PLANNING & ZONING DEPARTMENT STAFF REPORT Text Amendment TA-09-25 to allow multiple dwellings on lots subject to conditions with amendments to the permitted use table and definitions section to add clarity. Request Text Amendment TA-09-25 proposes to amend the Planning Ordinance to allow multiple dwellings on lots. Introduction The planning ordinance does not indicate whether there can be more than one dwelling on a lot. There seems to be a clear tradition of allowing multiple dwelling in certain circumstances. This amendment attempts to document and clarify those conditions for consistent application. Proposal: Section 61 – Residential Density options (new section) 1. In the R and RC district, any lot may contain a second dwelling unit in the form of an attached duplex, garage apartment, or other accessory dwelling provided adequate water and wastewater systems are available for the total number of bedrooms proposed. 2. In the RC district, any lot may contain multiple dwelling units when all of the following conditions exist: a. The density of the parcel remains at or below the density of 1 dwelling per acre. b. Adequate well and septic sites exist for the total number of bedrooms proposed in all dwellings, as evidenced by approval from Environmental Health. c. Each dwelling has legal access to a public or improved private road either through direct frontage on the right of way or across a platted access easement. d. A scaled drawing is presented documenting the layout of a division of the tract to place each dwelling on a separate lot in a manner complaint with the Subdivision Regulations in place at the time of permit application for the second or subsequent dwelling. The division does not need to be recorded or prepared by a formal survey. e. For the purposes of this section, the following dwelling types are authorized to be collocated on a single lot in any combination if otherwise compliant with this section: i. Single family dwelling ii. Garage apartments and other accessory dwelling units or tiny homes built to the residential building code. iii. Manufactured Home, Class A, (provided the total number of all manufactured homes on the parcel does not meet the definition of a mobile home park) iv. Manufactured Home Class B (provided the total number of all manufactured homes on the parcel does not meet the definition of a mobile home park) TA-02-25 - Staff Report Page 2 of 2 9/22/2025 Appendix A - Definitions Dwelling, Accessory a dwelling unit constructed on a lot with a primary dwelling unit, built to the state residential building code, and generally of a smaller size while providing a complete living facility as defined in this ordinance. The accessory unit may be attached to the primary unit or freestanding. It may be located above or attached to another customary accessory structure on the lot. It may be a “tiny home” built to the North Carolina Residential Building Code. Appendix B – Permitted Use Table PRINCIPAL USES ZONING DISTRICTS R B-2 B-1 GI RC Dwelling, Accessory X X Dwelling, Single-Family X X X X Dwelling, Two-Family and Garage Apartments X X X X Dwelling, Multiple-Family (See Section 80Planned Building Group) S S S X S Planned Building Group (See Article Viii, Section 80) (Added 12/1/03) S X S X S S Comprehensive Plan & Zoning Consistency Person County Planning Ordinance Section 153, Amendments to the Zoning Map or Ordinance, as well as, NCGS §160D-604 & § 160D-605, requires plan consistency and a recommendation from the Planning Board and the Board of Commissioners. For amendments like this, one is unlikely to find language in a comprehensive plan to support the amendments. A general statement of plan consistency and a desire for clear regulations can use used as adequate support. Planning & Zoning Department Staff Analysis & Potential Motion Based on the above, Planning & Zoning Department staff states that the amendments are consistent with the Comprehensive Plan and the Planning Board could adopt a written Statement of Reasonableness and Plan Consistency to the Board of Commissioners in a single-statement potential motion, as follows: “I hereby move to recommend approval of the text amendment allowing multiple dwellings on a lot, and find the document reasonable, in the public’s interest, and consistent with the Person County & City of Roxboro Joint Comprehensive Land Use Plan because it clarifies and documents well established actions.” Attachments: none 9/22/2025 PERSON COUNTY PLANNING & ZONING DEPARTMENT STAFF REPORT Text Amendment TA-12-25 to consolidate uses in the permitted use table (Appendix C) and add new definitions (Appendix B) in the Planning Ordinance Request Text Amendment TA-12-25 proposes to consolidate the permitted use table and add new uses. Introduction The group of definition changes can be grouped into 3 types: Changes to existing terms New definitions being added New definitions being added using language from standalone ordinances. Changes to the Permitted Use Table are attached and a note column has been added to indicate the source of the change. Existing definitions being amended: The definition of Camper/RV park could be improved by adding cabins as a dwelling type and to expand the time of occupancy since there isn’t a clear tool for Zoning to limit the length of time. CAMPER/RECREATIONAL VEHICLE PARK (COMMERCIAL & WORKFORCE HOUSING) – Any site or tract of land upon which two or more recreational vehicles, tent spaces, or cabins are provided for occupancy according to the requirements set forth in this Ordinance short term or long-term occupancy. (in current ordinance) Previously undefined uses being added Paired with the desire to consolidate some uses in the Permitted use table, definitions of uses are helpful. In most cases these new definitions were pulled from the draft UDO: BATTERY ENERGY STORAGE SYSTEM (BESS) – A large-scale system of battery devises assembled together on the same site for the purpose of storing electrical energy to a chemical form and making energy available to convert from chemical energy back to electrical energy. These uses are often located in close proximity to power generation sites or electrical transmission grids. Classified as utility, energy storage in this ordinance. (From draft UDO) CABIN – A site built or manufactured dwelling unit used for temporary overnight occupancy, typically, within a campground, RV park, or park setting. (From draft UDO) TA-02-25 - Staff Report Page 2 of 4 9/22/2025 CONTRACTOR or CONSTRUCTION TRADE – One who accomplishes works or provides facilities under contract with another and specifically engages in a specialized construction trade or related field. This use includes but is not limited to: general construction contractors, plumbing, HVAC, electrical, sheet metal, roofing, glass, locksmith, carpet cleaning, exterminating, and other construction base of operations. This use does not include retail sales related to these trades unless such sales are clearly accessory to the primary use. DATA CENTER – A facility that provides a large group of networked computer servers for remote data storage, processing, and distribution of electronic data, conducting research, or developing prototypes for future use. (From draft UDO) HOME OCCUPATION – Any business use conducted by the occupants of a dwelling unit, so that the use is clearly incidental and subordinate to the residential use and does not change the dwelling unit use or character as a permitted house, other than a small building-mounted sign attached to the dwelling unit. (From draft UDO) HOTEL OR MOTEL – A building or group of buildings containing nine (9) or more individual rooms for the purpose of providing overnight accommodations to the general public for compensation, with or without meals that has common facilities for reservations and cleaning services, combined utilities, and on-site management and reception services. Hotels or motels may provide on-site parking, access to hotel rooms is provided through hallways, the building(s) may include meeting rooms, conference facilities, and recreation facilities for use by reservation. (From draft UDO) LODGING UNITS– A Bed & Breakfast Home, per NCGS § 130A-247 (5a), or Short-Term Rental are types of lodging units. For this Ordinance, the following applies: a) BED & BREAKFAST – A home or lodge that provides overnight accommodations in up to eight individual rooms, with or without a meal (usually breakfast) served to guests, that is the permanent residence of the owner or manager of the business. This use may be permitted with a home occupation permit in any dwelling where the area of the guest rooms does not exceed 25% of the total heated floor area of the principle dwelling structure along with the other requirements for home occupations. b) SHORT-TERM RENTAL – The rental of a complete dwelling unit for occupancy; or camper or recreational vehicle for lodging or sleeping purposes, for an amount of time less than thirty (30) days, per renter, and meets all regulatory requirements, with no separate staff, office, or managerial front desk. This use may occur in any dwelling unit or park without further permitting. c) All lodging units under this definition are to be occupied by residents who have a permanent home to which they intend to return. (From draft UDO with edits) OFFICES & PERSONAL SERVICES – An establishment where clients come to seek a variety of professional consultative services or personal care including but not limited to accountants, appraisers, architects, attorneys, financial consultants, hair salons, nail salons, real estate agencies. This use excludes medical and dental clinics. (From draft UDO with edits) SAWMILL OPERATIONS – An establishment often operating as a sawmill to break bulk timber into wood products, such as lumber and heavy timbers. (From draft UDO) TA-02-25 - Staff Report Page 3 of 4 9/22/2025 STORAGE, HOUSEHOLD AND COMMERCIAL – Storage of goods and materials inside a substantially enclosed building. This use includes self-storage rentable by individuals, as well as storage of materials for other purposes. Distribution centers are classified with warehousing. STORAGE, OPEN – Storage of goods and materials without protection from weather or significant enclosure. This use refers to materials that can withstand exposure to weather and retain value. Open storage of materials with limited value or with no regard to weather exposure are salvage operations. Uses include storage of pipe and lumber, gravel and mulch, and other raw or lightly processed materials. TEMPORARY WORKFORCE HOUSING – Temporary workforce housing is a form of affordable housing within campgrounds and recreational vehicle parks, where some units are rented to workers on area projects for a seasonal or per-project basis. The time period of the rental is longer than a typical vacation, but not necessarily a permanent or long-term arrangement. (From draft UDO) UTILITY SYSTEMS – Equipment and facilities that are used both publicly and privately for the provision of utilities. This may include, but is not limited to appurtenances, distribution lines, easements, combined- cycle systems, hydroelectric, battery energy storage systems, solar energy panels or systems, natural gas assemblies, liquefied natural gas, power plants, including small modular nuclear reactor, and central utility operations for water and wastewater provision. For solar energy collection and storage, refer to the Solar Energy System Ordinance. For this Ordinance, large-scale utility systems are considered 10-acres or greater and small-scale utility systems are considered less than 10-acres in size. (From draft UDO) Definitions being added from consolidated ordinances: These 5 terms appear in the junkyard ordinance and would be helpful to bring into the Planning Ordinance. AUTOMOBILE GRAVEYARD - Any commercial establishment tract of land which is maintained, used, or operated for storing, salvaging, keeping, buying and selling two or more wrecked, scrapped, ruined, dismantled or inoperable motor vehicles and which are not being restored to operation, regardless of the length of time which individual motor vehicles are stored or kept at said establishment. The phrase “automobile graveyard” as used herein shall be interpreted to include all service stations and repair shops which have on their premises four or more wrecked scrapped, ruined, dismantled or inoperable motor vehicles which are not being restored to operation. Any accumulation of materials meeting this definition but without any commercial activity OR on property zoned Residential or Rural Conservation shall be a violation of this ordinance and Person County may pursue enforcement and abatement of the nuisance.(Definition is from Automobile Graveyard ordinance. Italic section is an addition for clarity) AUTOMOBILE REPAIR SHOP - An establishment which is maintained and operated for the primary purpose of making mechanical and/or body repairs to motor vehicles (Definition is from Automobile Graveyard ordinance) AUTOMOBILE SERVICE STATION - An establishment which is maintained and operated for the primary purpose of making retail sales of fuels, lubricants, air, water, and other items for the operation and routine maintenance of motor vehicles and/or for making mechanical repairs, servicing and/or washing of motor vehicles. (Definition is from Automobile Graveyard ordinance) TA-02-25 - Staff Report Page 4 of 4 9/22/2025 JUNK - Scrap metal, rope, rags, batteries, paper, trash, rubber, debris, tires, waste, or junked, dismantled or wrecked motor vehicles or parts. A residential parcel of land in which an area of 600 square feet or more of "junk materials” are kept or stored at any given place whether for profit or not, shall be in violation of this ordinance. Materials enclosed in closed buildings, solid waste containers or rolling stock (i.e., rail cars, trailer or other containerized body not intended or designed to be self-propelled) are excluded. (all but italics section is from Automobile Grave Yard ordinance) JUNKYARD, COMMERCIAL - Any establishment or place of business which is maintained, operated, or used for storing, salvaging, keeping, buying or selling junk or for maintenance or operation of an automobile graveyard, but shall not include garbage dumps or county-operated sanitary landfills. (from Automobile Grave Yard ordinance) Comprehensive Plan & Zoning Consistency Person County Planning Ordinance Section 153, Amendments to the Zoning Map or Ordinance, as well as, NCGS §160D-604 & § 160D-605, requires plan consistency and a recommendation from the Planning Board and the Board of Commissioners. A general statement of plan consistency and a desire for clear regulations can use used as adequate support. Planning & Zoning Department Staff Analysis & Potential Motion Based on the above, Planning & Zoning Department staff states that the amendments are consistent with the Comprehensive Plan and the Planning Board could adopt a written Statement of Reasonableness and Plan Consistency to the Board of Commissioners in a single-statement potential motion, as follows: “I hereby move to recommend approval of the amendments to the Permitted Use Table and definitions, and find the amendments reasonable, in the public’s interest, and consistent with the Person County & City of Roxboro Joint Comprehensive Land Use Plan because it clarifies the regulation language.” Attachments: Exhibit A: Marked-up Permitted Use Table PRINCIPAL USES RB-2B-1GI RC Accessory Building XXXX X Accessory Uses Incidental To Any Permitted Use (*See Note XXX X AGRICULTURAL OR FARM USE EXEMPT FROM PLANNING ORDINANCE Aircraft Equipment, Parts and Supplies (*See Note 5)XX* X Airport Operations (*Note 5 and Sections 90 & 91)SSSX*S Airstrips, (Private) /Heliport Without Commercial Activity (*See Note 8) (Added 5/7/01)X* X* X* X* X* Ambulance Service or Rescue Service SXXXSXXChange to allow in R and GI (staff) Amusement Parks SX Animal Medical Care (Including Kennel Operations)XX X Auction Sales (Excluding livestock auctioning)SX X Automobile Off-Street Parking, (Commercial)XX X X Automobile Parts and Accessory Sales XX X Automobile Rentals and Leasing (*See Note 5)XXX* X Automobile Repair and/or Body Work (Excluding commercial wrecking, dismanteling, or storage of junk vehicles) Amended 12/01/2008 XS Automobile Sales, New and Used SX X Automobile Service Station Operations XX X Bank, Savings and Loan Company and Other Financial Activities XX S X Barber or Beauty College Instruction XX X Bed and Breakfast Inns, Boarding and Rooming Houses, and Tourist Homes SX X Remove "Tourist Home" (staff) Books and Printed Matter, Distribution XX Bowling Alley XX X Brewery, Distillery, Winery (Added 10/2/17)S XX X SX Combine 3 into single use, allow in business & GI & RC districts (staff) Bus Repair and Storage Terminal Activities (Amended 12/1/2008)XS Bus Station Activities (*See Note 5)SXX* X Camper/Recreational Vehicle Park (Amended 8/2/2010) (See Section 155-2)SSS SXAdd "vehicle" to name & allow by right in RC (Tied to another amendment) Carwash XX X Catering XX X Cemeteries - Church or Family XXXS X Cemeteries – Commercial SSS X Church, Temples, Synagogues XXXX X Clinic Services, Medical and Dental S X X S X Club or Lodge SSS X Commercial Modular Building (Adopted 5/5/97)XX X Contractors & Construction Trades with outside storage or equipment or supplies (Amended 11/19/2007)SXX X New Use - combines previous uses (staff) Contractors & Construction Trades without outside storage or equipment or supplies XXNew Use - combines previous uses (staff) Convenience Stores SXX X County Governmental Facility (Adopted 2/3/97)SXX X Data Center XX X X New Use (PB) Day Care Center SXXX X Dwelling, Multiple-Family (See Section 80)SSS X Dwelling, Single-Family XXX X Dwelling, Two-Family and Garage Apartments XXX X Eating and Drinking Facilities (Amended 12/1/2008)XX S Equipment Rental (Amended 11/16/20)XX X X The current table listed 170 uses, many that were quite similar. The priamry change for consolidation is to combine retail operations and to combine many office operations. PRINCIPAL USES RB-2B-1GI RC Event Center (Amended 09/09/2019)SXXX X Family Care Home XXX X Farm Machinery Sales and Servicing SX X Fire Station And Law Enforcement Operations SXXX X Funeral Home SXX X Game and Sports Facilities (Amended 5-18-92)SS Golf Courses SXX X Grocery, Wholesale XX Group Home for Developmentally Disabled Adults XXX X Gunsmith XX X Health Spas, Fitness Center (Amended 2/7/2011) X X X Historical Preservation Commercial Use SXX X Home for the Aged SSX X Hospital or Sanitarium Care (Except for the Insane, Feeble- Minded and Addicted) (Amended 12/1/2008)SX S Hotel or Motel or Motor Court Operations XXRemove reference to Motor Court (Staff) Industrial, Heavy (See Appendix C, Note 2) (Amended 11/16/20)SX Industrial, Light (See Appendix C Note 2) (Amended 11/16/20)SXX X Karate and Other Martial Arts Instruction XX X Kennel Operations, Care SX X Library SXX X Livestock Sales and Auctions (Amended 12/1/2008)SS Lodging Units XXXX X New use (staff) Manufactured Home (Individual) for Residential Occupancy - Class A (Rev. 5/5/97)XXX X New allowances to remove note references. No change (staff) Manufactured Home (Individual) for Residential Occupancy - Class B (Rev. 5/5/97)XXX X New allowances to remove note references. No change (staff) Manufactured Home for Temporary Dwelling During Construction of Permanent Dwelling (Adopted 5/5/97)XXX X New allowances to remove note references. No change (staff) Manufactured Home Supplies and Equipment Sales SX X Manufactured Homes Under the Hardship Class A and B X New allowances to remove note references. No change (staff) Marinas XX X Mobile Home Park but Excluding Any Mobile Home Sales (Amended 11-17-92, 7/11/94)SSS S Mobile Home Sales and Service XX Modular Homes (Amended 11-17-92)XXX X Moving and Storage Operations (Amended 12/1/2008)XXS XS Change to allow by right in GI & RC Nonhazardous, Non-Toxic Solid Waste Disposal (Adopted 5/18/92)SSSS S Nursery Operation (Plant) - Agricultural XXX X Nursing Home SSX X Offices & Personal Services XX X X New use - allowance based on consolidated uses (staff) Planned Building Group (See Article Viii, Section 80) (Added 12/1/03)SXX S Post Office XX X X Private Recreation Club Or Swimming Club Activities Not Operated As A Business Or Profit (Amended 12/1/2008)SSSS S Private Recreation Facilities For Profit (Amended 5/18/92, 7/8/96)SSSS S Public Recreations (Such as Community Center Buildings, Parks, Museums, Playgrounds, and Similar Facilities Operated on a Nonprofit Basis) SXX X PRINCIPAL USES RB-2B-1GI RC Public Utility Station, Bulk Station or Substations (Amended 12/1/2008)XS XS XS XS XS Remove bulk stations to use the new "utility" use. Remaining uses would be substations. Suggesting substations be by-right. (staff) Radio or Television Studio Activities Only XX Radio, Telephone and TV Transmitting Tower (See Note 9 and Article VII & IX) (Amended 11/6/95)SXXX S Railroad Passenger Station Operations (Amended 12/1/2008)SS S Add "passenger" to name - to distinguish from rail yards Railroad Yard Operations XS X Reception Centers for Recycling SX X Rest Home SSX X Retail Sales with outdoor storage or display of merchandise XX X New use - allowance based on consolidated uses (staff) Retail Sales without outdoor storage or display of merchandise XX X New use - allowance based on consolidated uses (staff) Salvage Operation/Junkyard - Commercial SS School, Private or Public (Elementary, Secondary, or Higher Level) (Amended 12/1/2008)SSXX S Solar Energy Systems (Added 10/2/17; Deleted 10/5/20) Stables, Horse (Amended 4/4/94)XS X STORAGE, HAZARDOUS, TOXIC AND RADIOACTIVE WASTE Storage, Household and Commercial SX X Storage, Open (Amended 5-4-01)SS S Taxicab Stand Operations (*See Note 5)XXX* X Teaching of Art, Music, Dance, Dramatics, or Other Fine Arts SXX X Temporary Construction Building (Amended 6/6/2005)XXXX X Theater Productions SXX X Tire Recapping XX Tire Sales Centers XX X Truck Stop X Truck Terminal Activities Repair and Hauling and/or Storage X Utility Systems - large scale energy production or storage (10 acre site or larger)XXNew uses for energy production. May need to be Special uses. (staff) Utility Systems - small scale energy production or storage (< 10 acre site)XX X New uses for energy production. May need to be Special uses. (staff) Warehouse/distribution facilities XX X New use (staff) Not permitted in any district Refer to Solar Engery Ordinance 9/22/2025 PERSON COUNTY PLANNING & ZONING DEPARTMENT STAFF REPORT Text Amendment TA-14-25 to assign review of Special Use Permits to the Board of Adjustment Request Text Amendment TA-14-25 proposes to assign SUP review to the Board of Adjustment. The Board of Commissioners would no longer review these requests. Introduction The Board of Commissioners has expressed an interest to assign the review of Special Use Permits to the Board of Adjustment. The Commissioners would no longer review these requests. This amendment is consistent with state law. Marked up sections for each of these issues is attached as Exhibit A. Language to be removed is shown in the strike-through font. New language is in italics and highlighted yellow. Comprehensive Plan & Zoning Consistency Person County Planning Ordinance Section 153, Amendments to the Zoning Map or Ordinance, as well as, NCGS §160D-604 & § 160D-605, requires plan consistency and a recommendation from the Planning Board and the Board of Commissioners. For amendments like this, one is unlikely to find language in a comprehensive plan to support the amendments. A general statement of plan consistency and a desire for clear regulations can use used as adequate support. Planning & Zoning Department Staff Analysis & Potential Motion Based on the above, Planning & Zoning Department staff states that the amendments are consistent with the Comprehensive Plan and the Planning Board could adopt a written Statement of Reasonableness and Plan Consistency to the Board of Commissioners in a single-statement potential motion, as follows: “I hereby move to recommend approval of the amendment to assign SUP review to the Board of Adjustment, and find the document reasonable, in the public’s interest, and consistent with the Person County & City of Roxboro Joint Comprehensive Land Use Plan because it clarifies the regulation language.” Attachments: Exhibit A: Marked-up Ordinance Excerpts. 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 Adjustment 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: 1. Depict the location of existing (labeled according to the date of establishment) and proposed impervious surfaces and respective totals in square feet; 2. The total land area of the lot(s) outside of the road right-of-way(s) in square feet. The property owner and/or applicant shall have the burden of proving that the proposed special use will not materially injure the value of adjoining or abutting property. 9. In addition to requirements listed above, a Special Use Permit site plan for a radio, telephone or television tower must show compliance with Note 9 of this ordinance. (Amended 7/1/2002) 10. In addition to requirements listed above and those listed in Section 81 of this Ordinance, a Special Use Permit site plan for a camper/recreational vehicle park must show compliance with the following: a) A minimum lot size of two acres is required. b) Density to be 2500 square feet for each tent or trailer space. c) A minimum undisturbed fifty foot buffer from all property lines. d) Each campsite shall contain a stabilized parking pad of either pavement or gravel and one off-street parking space. e) A sanitary source of drinking water shall be not more than 200 feet, toilet facilities not more than 400 feet and wash houses not more than 1500 feet from 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 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 that year's adopted schedule. A notice of such public hearing shall be published once a week for two (2) consecutiv e 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 post notice on the land subject to the application within the same time period specified for mailed notice of the hearing using weatherproof signs, one sign per road frontage and posted no more than 25’ from the street right-of-way. (NCGS 160D-602) (Amended 8/4/25). 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 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 Board of Adjustment 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 Board of Adjustment may designate such conditions, in addition and in connection therewith, as well, in its opinion, assure that the use in its proposed location will be harmonious with the area in which it is proposed to be located and with the spirit of this ordinance. All such additional conditions shall be entered in the minutes of the meeting at which the permit is granted and also on the certificate of the Special Use Permit or on the plans submitted therewith. All specific conditions shall run with the land and shall be binding on the original applicants for the Special Use Permits, their heirs, successors and assigns. d) In addition to the specific conditions imposed by the regulations in this Article and whatever additional conditions the Board of Adjustment 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) Any appeal of the action of the Board of Adjustment in granting or denying a Special Use Permit shall be subject to review by the superior court by proceedings in the nature of certiorari pursuance to GS 160D-14-2. Appeals shall be filed within the times specified in GS 160D-14-5(d). g) In the event of failure to comply with the plans approved by the Board of Adjustment 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 Adjustment if with such minor changes the development remains substantially consistent with the Board's approval and with all other provisions of this Ordinance and applicable rules and regulations. The Zoning Administrator may not approve changes that would constitute a major change of or modification to a Special Use Permit. Any change which would require findings of fact or evidence in addition to those in the record of the public hearing for the original Special Use Permit, or subsequent modifications, if any, shall be deemed a major modification of the Special Use Permit. By way of example, but not of limitation, any of the following shall constitute a major modification requiring an application to be resubmitted in accordance with applicable ordinance provisions: 1. Significant changes in the zoning lot's boundaries, unless the purposes of this ordinance or of the County's plan for the comprehensive development of the area within which the lot is located are satisfied to an equivalent or greater degree. Substantial change in the boundaries of the site if public purposes are not satisfied to an equivalent or greater degree; 2. A change from the use approved; 3. Significant changes in the location of principal and/or accessory structures and/or uses; 4. Structural alterations significantly affecting the basic size, form, style, ornamentation, and appearance of principal and/or accessory structures as shown the plan; 5. Significant changes in pedestrian or vehicular access or circulation; 6. Significant change in the amount or location of required landscape screening if an alternate proposal does not provide the same or greater degree. 155-5 SPECIAL USE PERMITS AND VESTED RIGHTS - At the applicant's discretion, he or she may also submit a site-specific vesting plan and make application to the Commissioners for a vested right status for the proposed use or development project. Vested right status may be applied for jointly concurrently with the special use permit application or may be requested at a later date. 9/22/2025 PERSON COUNTY PLANNING & ZONING DEPARTMENT STAFF REPORT Text Amendment TA-08-25 - Amend the Subdivision Regulations to more clearly identify the types of subdivisions and the types of access needed for each type. Request Text Amendment TA-08-25 proposes to amend the Subdivision Regulations to more clearly identify the types of subdivisions and the types of access needed for each type. Introduction The Subdivision Regulations currently offer many options to provide the needed legal access to newly created lots. However, these options are not listed in one place, but have to be pieced together by reading the entire ordinance. I recommend the following amendments to make the current allowances and requirements clear: 1) Create a section that lists the types of subdivisions and remove the definitions from the definition section. a. Exempt (defined by state law) b. Family (allowed where transfer is to family members – roads are not required to be created or built) c. Minor (no more than 5 lots created, roads may be private or easements – construction not clearly required) d. Major (6 or more lots, requirement for public roads when 7 or more lots created) 2) Pull the various access options together and place in one section a. Public Road b. Private Road c. Partial width right of way d. Access easement Attached are the relevant portions of the Subdivision Regulations with some rearranged text and new text for discussion purposes. Marked up sections for each of these issues is attached as Exhibit A. Language to be removed is shown in the strike-through font. New language is in italics and highlighted yellow. Comprehensive Plan & Zoning Consistency Person County Planning Ordinance Section 153, Amendments to the Zoning Map or Ordinance, as well as, NCGS §160D-604 & § 160D-605, requires plan consistency and a recommendation from the Planning Board and the Board of Commissioners. For amendments like this, one is unlikely to find language in a comprehensive plan to support the amendments. A general statement of plan consistency and a desire for clear regulations can use used as adequate support. Planning & Zoning Department Staff Analysis & Potential Motion TA-02-25 - Staff Report Page 2 of 2 9/22/2025 Based on the above, Planning & Zoning Department staff states that the amendments are consistent with the Comprehensive Plan and the Planning Board could adopt a written Statement of Reasonableness and Plan Consistency to the Board of Commissioners in a single-statement potential motion, as follows: “I hereby move to recommend approval of Subdivision Regulations amendments identifying types and describing access requirements, find the amendment reasonable, in the public’s interest, and consistent with the Person County & City of Roxboro Joint Comprehensive Land Use Plan because it improves the clarity of the land development regulations.” Attachments: Exhibit A: Marked-up Ordinance Excerpts. Date of Adoption: March 9, 1987 6 SECTION 16 – EXCLUSIONS Subdivision Types (Amended: 5-3-99) 16-1 Excluded or Exempt plats (retitling current text, no wording changes unless shown) The following events shall be excluded from the provisions of this Ordinance: (a) The combination or recombination of portions of previously subdivided and recorded lots if the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the county as shown in its subdivision regulations. (b) The division of land into parcels greater than ten (10) acres if no street right-of-way dedication is involved. (c) The public acquisition by purchase of strips of land for the widening or opening of streets. (d) The division of a tract in single ownership, the entire area of which is no greater than two acres into not more than three lots, if no street right-of-way dedication is involved and the resultant lots are equal to or exceed the standards of the county as prescribed herein. (e) The division of land for use as gravesites. (f) A division of land which has been created by a judicial partition and/or sale. (g) All re-surveys of an existing lot. (h)Any plat presented for recordation on which a lot is shown and pledged as collateral for loan proceeds and where the property depicted by the plat is a portion of a larger tract of property owned by the same entity. (i) A combination of lands which adds land to previously subdivided and recorded lots which are contiguous to the addition. Plats deemed an exception to the provision of this Ordinance depicting the divisions listed above may be recorded provided the owner desiring to record such plats shall obtain a Certificate of Exception from the Planning and Zoning Administrator and shall present such certificate to the recorder as proof the exception condition is present. The required certificate shall read as follows: Certificate of Exception. I certify that said property qualifies as an exception to the provisions of the Person County Subdivision Regulations under Section 16-1. Planning and Zoning Administrator Date Person County, NC Date of Adoption: March 9, 1987 7 16-2 Family Subdivisions (relocated from Section 50-5, some wording rearrangement) Family subdivisions of property, for residential purposes and use by family members, must meet the following conditions: (Added 5-7-01) (a)Family member status is granted to a person who is a direct lineal or adopted descendant, lineal ascendant, sibling or spouse of the grantor. (b)Legal documents such as a birth certificate, marriage certificate or adoption papers will be used to show family relationship. (c)When a family subdivision is made, the plat map must have a plat map disclaimer affixed, which clearly states, “This is a family subdivision and road improvements are not required unless further subdivided”. (d)Easements to the family subdivision lots must clearly show on the plat map and include the following annotation: “Access is over a private road right-of-way, a road maintenance agreement is not required and may not be available.” (e)Family subdivision of property shall be made only one time per family member. (Added 5-7-01; Amended 8-01-05) Family subdivisions of property will not cause any road improvement or construction requirement of Section 50 and 53-2(a) of this ordinance to be imposed. A Family Subdivision may be further subdivided pursuant to this section ordinance. 16-3 Minor Subdivisions (taken from definition section with wording changes noted) Any subdivision containing not more than five (5) lots (including any remainder) division of land where all proposed lots conform to the requirements of this ordinance and the Planning Ordinance and that does not: (a)Create more than 5 lots, including any remainder. (b)Dedicate a new public road (c)Extend an existing non-conforming private road (d)Extend or require the extension of municipal facilities (e)Create any public improvements 16-3.1 Options for access within a minor subdivision a)Frontage on a public road b)Creation of a new private road meeting the Private Road Construction Standards for Person County Date of Adoption: March 9, 1987 8 c)Frontage on an existing private road d)Frontage on a private access easement fifty (50) feet in width and for the exclusive use of a single residential unit established on such lot. The access shall be maintained in a condition passable for emergency and service vehicles, and that no such access shall be established closer than one- hundred-fifty (150) feet to any other previously recorded access. (Amended 5/3/99) All private roads and access easements meeting the minimum standard in the Addressing and Road Naming Ordinance for Person County must be named at the time of plat recordation and the name must be shown on the plat. 16-4 Major Subdivisions (taken from definitions section with wording changes noted) All subdivisions not otherwise classified as a minor subdivision in this ordinance including, but not limited to, subdivisions of six (6) or more lots, or any size subdivision requiring any new public street or extension of local government facilities, or the creation of any public improvements. (Amended 5/3/99) SECTION 17 - CONDITIONS 17-1 Regulation of the subdivision of land and the attachment of reasonable conditions thereupon is a valid exercise of the police power granted to Person County by the State of North Carolina. The developer must encumber the responsibility to comply with conditions imposed by the Planning Board and/or Board of Commissioners for design, dedication, improvement, and restrictive use of the property in question. ARTICLE II PROCEDURES FOR REVIEW AND APPROVAL OF MINOR SUBDIVISION SECTION 21- SUBMISSION OF MINOR FINAL PLAT TO THE PLANNING AND ZONING ADMINISTRATOR (As amended 11-3-97, 5-3-99, X-X-2021) 21-1 The requirements for obtaining minor final subdivision plat approval are as follows: Date of Adoption: March 9, 1987 21 ARTICLE V DESIGN STANDARDS SECTION 50 - DISCLOSURE OF ROAD STATUS (As amended 5-3-99; 4-3-00, 5-21-01; 1-07-02; 8-01-05) (Added 4-3-2000; 5-7-2001) 50-1 All streets within the subdivision regulation jurisdiction of Person County shall have a public or private designation and comply with either the minimum construction standards for secondary roads as required by the North Carolina Division of Highways for public roads or with minimum construction standards of private subdivision roads as specified herein. However, the Planning Board encourages the subdivider to use the public designation and give careful consideration to the design of streets in accordance with those standards provided by the North Carolina Department of Transportation. (Amended 5-21-01) 50-2 The developer shall comply with North Carolina General Statute 136-102.6 which provides for a disclosure statement from the developer to the purchaser establishing the status thereof (whether privately or public)(state-maintained) of the road. 50-2.1 If the street is designated by the developer and seller as a public street, the developer and seller shall certify that the right of way and design of the street has been approved by the Division of Highways, and that the street has been or will be constructed by the developer and seller in accordance with the standards for subdivision streets adopted by the Board of Transportation for acceptance on the highway system. 50-2.2 If the street is designated by the developer and seller as a private street, the developer and seller shall include in the disclosure statement an explanation of the consequences and responsibility as to maintenance of a private street, and shall fully and accurately disclose the party or parties upon whom responsibility for construction and maintenance of such street or streets shall rest, and shall further disclose that the street or streets will not be constructed to minimum standards, sufficient to allow their inclusion on the State highway system for maintenance. 50-2.3 A copy of the disclosure statement shall be given to the buyer. Written acknowledgment of receipt of the disclosure statement by the buyer shall be conclusive proof of the delivery thereof. (Amended 5- 21-01) 50-3 In subdivisions in which there are seven or more lots, roads shall be designated “Public” and comply with subdivision roads minimum construction standards required by the North Carolina Department Date of Adoption: March 9, 1987 22 of Transportation, Division of Highways (paved). Except as expressed herein, State-maintained roads shall comply with the requirements of prevailing construction standards as imposed by the North Carolina Division of Highways. (amended 5-21-01; 1-07-02) 50-4 Private roads may be used to serve 6 or less lots but must be constructed in accordance with a policy entitled: "Minimum Construction Standards for Private Roads, Person County, North Carolina" except where the provisions of Section 51 of the subdivision ordinance impose additional requirements for layout or design. (Amended 5-21-01; 1-07-02) 50-5 Private roads or private access easements may be used in Family Subdivisions. Family subdivisions are exempted from road construction requirements. However, the access shall be the width necessary and maintained in a condition passable for emergency and service vehicles, and that no such access shall be established closer than one- hundred-fifty (150) feet to any other previously recorded access. 50-6 Private roads or private access easements may be used in Minor Subdivisions. A recorded access at least fifty (50) feet in width and for the exclusive use of a single residential unit established on such lot is acceptable. However, the access shall be maintained in a condition passable for emergency and service vehicles, and that no such access shall be established closer than one- hundred-fifty (150) feet to any other previously recorded access. (Amended 5/3/99) 50-7 Provisions to address existing conditions (a) On subdivision roads constructed to NCDOT specifications and unpaved between May 3, 1999, and May 7, 2001, serving the maximum of 24 lots, there shall be no additional lots created utilizing the existing road or extension thereof without said road and extension being upgraded to standards as specified in section 50-1(a) (paved). The developer or person causing standards to be upgraded is responsible for upgrading the substandard portion of road. (Amended 5-21-01; 1-07-02) (b) Previously established subdivisions with six (6) or more lots having an interior road or roads designated as public and built to the previously accepted and approved Class “A” road as defined in “Minimum Construction Standards for Private Roads, Person County, North Carolina” may not be expanded if any additional lots will be accessed by the existing Class “A” substandard road unless the existing public road is upgraded per paragraph 50-1 (a) above as applicable. The developer or person causing the needed upgrade to the Class “A” road is responsible for upgrading the substandard portion of the road. (amended 5-21-01) Date of Adoption: March 9, 1987 23 (c) All “private” or undesignated Class A roads that existed as of May 3, 1999, the date of approval of this ordinance change are grandfathered and exempt from paragraph 50-1(a) through (d). (Amended 5/3/99, amended 4/3/00, amended 5-21-01) (f) Subdivision roads which as of March 9, 1987, the date of Person County minimum construction standards for private roads, were either in existence or referred to in a deed or plat, whether recorded or not, are grandfathered and exempt from the provisions of paragraph 50-1(a) through (e). “Grandfathered”, for purposes of Section 50-1 means a road is exempt from standards imposed by Section 50-1 until such times as an extension is made to the road, a cul de sac is added to the road, a connection is made to another road; or, for a road created after March 9, 1987, the road serves more lots than was permitted for that type road at the time it was created. If a road loses its grandfathered status, it is subject to all requirements of Section 50-1 as of the date of the loss of the grandfathered status. (Added 4/3/2000,) (Amended 5/21/01) 50-2 Family subdivisions of property, for residential purposes and use by family members, will not cause any road improvement or construction requirement of Section 50 and 53-2(a) of this ordinance to be imposed. A Family Subdivision may be further subdivided pursuant to this section. The following conditions apply to a “family” subdivision authorized by this paragraph: (Added 5-7-01) (a) Family member status is granted to a person who is a direct lineal or adopted descendant, lineal ascendant, sibling or spouse of the grantor. (b) Legal documents such as a birth certificate, marriage certificate or adoption papers will be used to show family relationship. (c) When a family subdivision is made, the plat map must have a plat map disclaimer affixed, which clearly states, “This is a family subdivision and road improvements are not required unless further subdivided”. (d) Easements to the family subdivision lots must clearly show on the plat map and include the following annotation: “Access is over a private road right-of-way, a road maintenance agreement is not required and may not be available.” (e) Family subdivision of property shall be made only one time per family member. (Added 5-7- 01; Amended 8-01-05) (Language relocated) SECTION 51 - STREET DESIGN STANDARDS - GENERAL PROVISIONS (As amended 10-17-88, 11-7-94, 5-3-99) Date of Adoption: March 9, 1987 24 51-1 In any new subdivision, the street layout shall conform to the arrangement, width and location included on any official plans for Person County. In areas for which such plans have not been completed, the streets shall be designed and located in proper relation to existing and proposed streets, to the topography, to such natural features as streams and tree growth, to public convenience and safety, and to the proposed use of land to be served by such streets. 51-2 Street layouts shall be as follows: (a)Street jogs with center line offsets of less than one-hundred-fifty (150) feet shall be avoided. (b)Intersections with a major street or highway shall be at least four-hundred (400) feet apart from corner property line to corner property line. (c)In subdivisions in which there are twenty-five (25) or more lots and where the subdivision access is off a state secondary road or a major highway, the subdivision entrance shall be designed to allow at least one lane ingress into the subdivision and two lanes egress out of the subdivision to allow a right turn lane and a left turn lane onto the highway. (d)Turn arounds shall have a minimum of seventy (70) feet (driving surface) unless NCDOT standards are greater. (e)Two means of ingress/egress (loop roads) are preferred. (Amended 5/3/99) (f)Where an approved concept plan shows extension of roads to subsequent phases or to additional property, a temporary turn around shall be installed. Said turn around shall have a minimum 70 foot diameter (driving surface). The temporary turn around does not have to be paved. (amended 21-01) The turn around may be removed and right of way amended when the road is extended. 52-3 LEFT BLANK 51-4 A partial-width right of way may be allowed in a subdivision where: (a) In the judgment of the Planning Board it is found that the nature and location of the subdivision, including such considerations as topography, the surrounding area, the present and future road plans, and access by public safety vehicles, are such that a partial width right-of-way is justified; and, (b) The access serving the subdivision is classified as a Class B road in accordance with a policy entitled: "Minimum Construction Standards for Private Roads, Person County, North Carolina"; and, Date of Adoption: March 9, 1987 25 (c) The right-of-way width provided is adequate to allow for the construction of a travelway, ditches, shoulders and turn around required for the class of road serving the subdivision; and, (d) The right-of-way width provided would allow access by the largest emergency services vehicle serving the district in which the subdivision is located; and, (e) If one or more of the following conditions are met: (1) When the partial width right-of-way adjoins undeveloped property and is not less than twenty-five (25) feet in width, and when said adjoining undeveloped property is subdivided and the remainder of the full required right-of-way can be dedicated. (2) When access to the subdivision is across property owned by other than the applicant and the property owner is unwilling to grant, sell or otherwise convey the full required right-of-way width to the applicant. (3) When pre-existing conditions preclude the provision of full right of way due to the pattern of adjacent development, historical common access and/or site-specific physical constraints. (f) Failure of the Planning Board to render a decision by its next regular meeting after the request has been received shall constitute the approval thereof. The decision of the Planning Board may be appealed to the Board of County Commissioners and the failure to render a decision within forty-five (45) days shall constitute approval thereof. 51-5 Alleys shall be required in all blocks along the rear line of business property. Alleys may also be required in multiple family residential or industrial blocks if, in the opinion of the Planning Board, alleys are needed to service these areas. All permanent dead-end alleys shall be provided with a turnaround. 51-6 No alley shall have access from a major street or highway but shall have its access points confined to minor streets. 51-7 In order to provide a uniform system of road naming along both public and private roads; to eliminate duplicate or phonetically similar street names; to provide for the uniform marking of public and private streets and roadways; and to establish procedures by which road names can be named or renamed the "Road Naming Ordinance for the County of Person, North Carolina" is incorporated herein by reference. 51-8 Where a tract of land to be subdivided adjoins a federal or state highway, the subdivider may be required to provide a marginal access street parallel to the highway or reverse frontage on an interior street for the lots to be developed adjacent to the highway. If reverse frontage is required, then the Date of Adoption: March 9, 1987 26 subdivider shall be required to provide an easement ten (10) feet wide parallel and adjacent to the right of way of the highway. Such easement shall be restricted to the planting of trees or shrubs for screening purposes and shall be in addition to all other easements required by this Ordinance. 51-9 Drainage pipes shall be installed under driveways which cross a drainage ditch and these pipes shall have a minimum inside dimension of fifteen (15) inches. This requirement may be waived when valley gutter system is approved. 51-10 Driveways shall be constructed so that drainage water will not run into the road or highway. 51-11 In all major subdivisions which adjoin a major highway or state secondary road having an average daily traffic count of 2,000 vehicles or more, the subdivider shall reserve a twelve (12) foot right-of- way on that portion of the subdivision that is located along that road frontage. The right-of-way shall be measured from the centerline of the subdivision access road which intersects the major highway or state secondary road and shall be a minimum of 300 linear feet. 51-12 In all major subdivisions which adjoin a major highway or state secondary road having an average daily traffic count of 3,000 vehicles or more, the developer shall be required to construct a right turn lane into the major subdivision. Right turn lanes shall not be required where there is not sufficient road frontage along the land being subdivided and there is not sufficient right-of-way on adjacent property to construct the turn lane. It shall be the applicant's responsibility to provide written explanation of why there is not sufficient area to construct the turn lane. SECTION 52 - BLOCKS 52-1 Intersecting streets shall be laid out at such intervals that block lengths are not more than twenty-four hundred (2400) feet nor less than four hundred (400) feet except where, in the opinion of the Planning Board, existing conditions justify a modification of this requirement. 52-2 Blocks shall have sufficient width to provide for two tiers of lots of appropriate depth, except where otherwise required to separate residential development from through traffic or nonresidential uses 52-3 Pedestrian ways or cross walks, not less than ten (10) feet in width shall be provided near the center and entirely across any block 1,200 feet or more in length or at the end of cul-de-sacs, where deemed essential, in the opinion of the Planning Board, to provide adequate pedestrian circulation or access to schools, shopping areas, churches, parks, playgrounds, transportation or other similar facilities. Date of Adoption: March 9, 1987 27 SECTION 53 - LOTS (As Amended 11-18-91, 5-3-99; 10-7-2002) 53-1 Lot sizes, shapes, and locations shall be made with due regard to topographic conditions, contemplated use, and the surrounding area. Land subject to flooding and land deemed by the Planning Board to be uninhabitable for other reasons shall not be platted for residential occupancy, nor for such other uses as may increase danger to health, life or property, or aggravate the flood hazard, but such land as may be set aside for such uses as will not be endangered by periodic or occasional inundation, or will not produce unsatisfactory living conditions. 53-2 Every lot shall front or abut on a dedicated street or a private road constructed in accordance with the provisions of this Ordinance except as follows unless otherwise allowed due to the type of subdivision or other provision of this ordinance: (a) Lots located in one (1) to five (5) lot subdivisions, provided there shall exist a recorded access at least fifty (50) feet in width and for the exclusive use of a single residential unit established on such lot. However, the access shall be maintained in a condition passable for emergency and service vehicles, and that no such access shall be established closer than one- hundred-fifty (150) feet to any other previously recorded access. (Amended 5/3/99) 53-3 Proposed lot lines and the centerline of a proposed street may be coterminous, provided however that a ten (10) foot utility easement is located within the proposed street right of way. Further, that portion of the lot which is located within the proposed street right of way may be used to comply with minimum lot size requirements shown in Section 55. 53-4 Residential lots not having access to public water and public sewage disposal shall be at least 43,560 square feet in area of usable land not less than one hundred (100) feet wide at the building line. 53-5 Where public water and sewer facilities are not available and individual water supplies or individual sewage disposal systems are planned, the subdivider, at his own expense, shall have the site investigated under the supervision of the County Health Department or other person approved by the County Health Department to determine whether or not such individual facilities are feasible and shall present proof to the Planning Board that appropriate soil tests have been conducted and each lot in the subdivision not served by public water and sewage disposal systems has been approved by the County Health Department for individual water supplies and/or sewage disposal systems. The site investigation for sewage disposal shall include sufficient number of percolation tests, and test holes 9/22/2025 PERSON COUNTY PLANNING & ZONING DEPARTMENT STAFF REPORT Text Amendment TA-13-25 to merge the junkyard ordinance and mobile home park ordinance into the Planning Ordinance and consolidate Special Use Permit standards. Request Text Amendment TA-13-25 merges two freestanding ordinances into the Planning Ordinance and organizes other review language for special uses into one section. Introduction Marked up sections for each of these issues is attached as Exhibit A. Language to be removed is shown in the strike-through font. New language is in italics and highlighted yellow. Light blue highlighting covers some wording change from further review after the vote to establish the public hearing. The purpose of this amendment is two-fold: 1) Bring in the permit requirements for commercial junkyards and mobile home parks into the planning ordinance to update the review processes to align with current standards. 2) Create sections 80-85 to bring language for Special Use Permits and other “notes” attached to the use table to put all permit requirements into one section. Comprehensive Plan & Zoning Consistency Person County Planning Ordinance Section 153, Amendments to the Zoning Map or Ordinance, as well as, NCGS §160D-604 & § 160D-605, requires plan consistency and a recommendation from the Planning Board and the Board of Commissioners. For amendments like this, one is unlikely to find language in a comprehensive plan to support the amendments. A general statement of plan consistency and a desire for clear regulations can use used as adequate support. Planning & Zoning Department Staff Analysis & Potential Motion Based on the above, Planning & Zoning Department staff states that the amendments are consistent with the Comprehensive Plan and the Planning Board could adopt a written Statement of Reasonableness and Plan Consistency to the Board of Commissioners in a single-statement potential motion, as follows: “I hereby move to recommend approval of the consolidation of two freestanding ordinances into the Planning Ordinance and establishing permit review sections, and find the document reasonable, in the public’s interest and consistent with the Person County & City of Roxboro Joint Comprehensive Land Use Plan because it clarifies the regulation language.” Attachments: Exhibit A: Marked-up Ordinance Excerpts. 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 80 USE SPECIFIC REQUIREMENTS Section 80.1 Site Plan Required Section 80.2 Site Plan Specifications Section 80.4 Camper/Recreational Vehicle Park Section 80.5 Radio, Telephone, and TV transmitting towers when not a special use Section 81 Special Use Permit Section 81.1 Planned Building Groups, Commercial and Residential Section 81.2 Camper/Recreational Vehicle Park Section 81.3 Commercial Junk yard or automobile graveyard Section 81.4 Mobile Home Park Section 81.5 Radio, Telephone, and TV transmitting towers when a special use Section 82 Home Occupations Section 83 Manufactured Homes, Class A Section 84 Manufactured Homes, Class B Section 85 Manufactured Homes, Special Cases Section 85.1 Manufactured Homes, Hardship Section 85.2 Manufactured Homes, during construction of a permanent dwelling Section 85.3 Manufactured Homes, emergency use of campers/Recreational Vehicles ARTICLE VIII SECTION 80 - PLANNED BUILDING GROUP REGULATIONS USE SPCIFIC REQUIREMENTS 80-1 SITE PLAN REQUIRED A. New development shall provide a site plan meeting the specifications of this section subject to section 80-1(d) when the proposed development involves development or redevelopment for anything other than a single family or two-family dwelling and related accessory structures on single family and two-family lots. B. 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. C. The Planning Director may waive any requirement of this article specific site plan specification 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. The Planning Director may allow a scaled drawing based on survey instead of a professionally rendered plan when the scale of development or redevelopment is minor in relation to the entire site. New construction of a primary building or complete redevelopment of a site is required to provide a professionally prepared plan. 80-2 SITE PLAN SPECIFICATIONS Every site plan shall be prepared in accordance with the following specifications: A. Shall be prepared by a North Carolina registered land surveyor, engineer, architect or landscape architect. Any component of a site plan that depicts new landscape materials to be installed or the quality of existing landscaping being retained shall be prepared by a registered landscape architect or licensed landscape designer. B. 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. C. The north point, scale, date, and vicinity map. Tax Map and Parcel Number and Township. D. Existing zoning and zoning district boundaries on the property in question and on immediately surrounding properties. E. The present use of all contiguous or abutting properties. F. The boundaries of the property involved by bearings and distances. G. All existing property lines, existing streets, buildings, watercourses, waterways or lakes and other existing physical features in or adjoining the project. H. Topography of the project area with contour intervals of ten feet or less. I. 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. J. 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. K. The location of all existing and proposed off-street parking and parking bays, loading spaces and walkways, indicating types of surfacing, size, angle of stalls, width of aisles, and a specific schedule showing the number of parking spaces. All parking and travel ways shall be paved. Vehicular travel lanes or driveways shall not be less that twenty feet in width for two-way traffic and twelve feet for one-way traffic. Non-residential 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) (propose to move to parking section) L. 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. M. 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. N. Proposed finished grading by contour supplemented where necessary by spot elevations. O. One hundred year floodplain areas per Federal Emergency Management Agency (FEMA) P. The location, character, size, height and orientation of proposed signs. Q. The location and dimensions of proposed recreation, open space, and required amenities and improvements. R. Location of proposed solid waste facilities. S. Proposed schedule of development. T. Show total impervious surface. Show Best Management Practices where applicable. U. Parking and Loading (see Section 110) for specific requirements. (duplicate) V. 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). W. 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. X. 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. Y. 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. Z. Any use-specific requirements listed in this ordinance. 80-3 The Planning Director may request the following information when deemed necessary or prudent to evaluate the impacts of the proposed development: 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). 80-4 Additional Requirements for Camper/Recreational Vehicle Park (NEW) A. A minimum lot size of two acres is required. B. Maximum density to be 2500 square feet for each tent or trailer space. (A proposed park must contain at least 2,500 square feet of land area for each proposed tent or trailer space.) C. A minimum fifty-foot buffer when property abuts US/NC highways. 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. 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) F. A minimum fifty-foot undisturbed buffer from all property lines, excluding driveway access around the park perimeter. 80-5 Additional Requirements for Radio, Telephone, and TV transmitting towers when not a special use (moved from PUT Note) A. Towers located in B1, B2 or GI Districts require a Special Use Permit if located adjacent to a residential use. B. 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. C. 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. D. At a minimum, towers in all Districts are subject to the standards of the Table of Dimensional Requirements (Table 72). E. There are no height limitations for towers except as specified by the Federal Aviation Administration (FAA) in the vicinity of the Person County Airport. SECTION 81 SPECIAL USE PERMITS – SITE PLAN REQUIREMENTS In addition to the requirements of Section 80-2 and 80-3, site plans that accompany Special Use Permit application must contain this additional information and the information required based on the proposed use. 81-1 Planned Building Groups, Commercial and Residential (relocated) A. The development shall be on a minimum of a 2-acre lot. B. 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) C. Mobile Home Parks are not Planned Building Groups, see Manufactured Home Park requirements below. D. Proposed provisions for storm drainage and sanitary sewage as approved by the appropriate governmental agency. E. Size and proposed location of any signs. F. Proposed water system and firefighting facilities such as hydrants and sprinkler connections. G. Proposed solid waste facilities. H. The location, dimensions and type of surfacing for drives, sidewalks, malls, etc. All parking and travel ways to be paved. (Amended 5/6/2002) I. The location and heights of all fences, walls and hedges. J. Show proposed water and sewer lines and size. (Amended 5/6/2002) K. Lighting plans inclusive of wattage and illumination. L. Location of traffic control devices. M. Location and amount of recreation areas. N. 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. O. Location and extent of proposed parking and loading areas. P. Land contours at 10-foot intervals. Q. Proposed points of ingress and egress and proposed patterns of internal automobile and pedestrian circulation. R. Proposed schedule of development. S. 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. T. Screening and fencing-a screen not less than six feet high of dense plant material and/or fence may be required. U. 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. V. There shall be maintained at least thirty (30) linear feet of open space between individual buildings in a residential building group. W. 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. X. 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. 81-2 Camper/Recreational Vehicle Park/Tourist Court (moved from current SUP section) A. A minimum lot size of two acres is required. B. Density to be 2500 square feet for each tent or trailer space. (A proposed park must contain at least 2,500 square feet of land area for each proposed tent or trailer space.) C. A minimum fifty-foot undisturbed buffer from all property lines (excluding driveway access) 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) 81-3 Commercial Junkyard or Automobile Graveyard (from auto graveyard ordinance) A. The storage area shall be fenced to screen the view of the stored materials from public roads and public uses (schools, playgrounds, recreational properties, etc.) on adjacent properties in any of the following manners: 1. Maintenance of existing or planted natural vegetation 2. A fence that is either solid in construction or a wire fence in conjunction with vegetation to achieve a visibly solid barrier. Any fence serving this purpose shall be maintained in good condition. 3. Landscaping supplementing a wire fence shall be planted: a) on at least one side of the wire fence b) as close as practical to said fence c) at intervals evenly spaced and in close proximity to each other so that a continuous, unbroken hedgerow will exist to a height of at least six (6) feet along fence surrounding the stored materials when the vegetation reaches maturity. 4. Vegetation providing a visual barrier shall be maintained using good husbandry techniques, including but not limited to, proper pruning, proper fertilizer and proper mulching, so that the vegetation will reach maturity as soon as practical and will have maximum density in foliage. Dead or diseased vegetation shall be replaced at the next appropriate planting time. 5. Other natural barriers including topography or other natural means. B. All wrecked, scrapped, ruined, dismantled or inoperable motor vehicles and junk shall be stored behind the required screening. C. An identification sign at the entrance of the facility of not less than fifteen (15) square feet in area. 81-4 Mobile Home Park (moved from Mobile Home Park Ordinance) In addition to the requirements of site plans in 80-2, 80-3, and 80-6, an application for a mobile home park shall provide: A. Certifications for outside reviews. These certifications may be presented with the application to the Planning Department or the staff may circulate the application to the noted departments. Departments will have 20 working days to provide comments, including any reasons for denial. The absence of a recommendation from any agency within the above-prescribed time period shall be considered as a favorable recommendation: 1. Certification of approval of water supply system plans by the North Carolina Department of Human Resources, Sanitary Engineering Division and/or the Person County Environmental Health Department in cases of systems to serve fifteen (15) or more mobile homes. 2. Certification of approval of sewage collections systems and treatment facilities plans by the Division of Environmental Management of the North Carolina Department of Natural Resources and Community Development. If individual septic tank systems are used or are proposed to be used, certification of the acceptability of the site for use of septic tank systems by the Person County Health Department. the state of North Carolina or Person County Environmental Health Department, as appropriate. 3. Certification of approval of solid waste storage, collection, and disposal plans by the Person County Health Department. (uncertain this is accurate) 4. Certification of approval of the Person County Building Inspector shall regarding the proposed electrical system is in compliance with the applicable electrical code. (uncertain this is accurate) 5. Certification of approval of the Person County Soil Conservationist relative to erosion and sedimentation control. (uncertain this is accurate) B. The transfer of title of a mobile home space or spaces either by sale or by any other manner shall be prohibited within a mobile home park as long as the mobile home park is in operation. C. Mobile home park identification signs shall not exceed thirty-two (32) square feet in area. Only direct, nonflashing lighting shall be used for illumination. D. A fifty (50) foot buffer strip adjacent to all property lines which do not abut a public or private road. The zone shall contain planted evergreen trees or shrubbery with a height at maturity of at least five (5) feet or a solid fence or wall at least five (5) feet in height. This strip shall be depicted on the mobile home park plan with the following note: "This strip is reserved for the planting of trees and shrubs by the owner; the location of structures hereon is prohibited”. E. Within each mobile home park, one mobile home space for each whole multiple of fifty spaces may be used as a location for an administrative office. For example: 1 -99 mobile home park spaces 1 administrative space 100-149 mobile home park spaces 2 administrative spaces 150-199 mobile home park spaces 3 administrative spaces F. Convenience establishments of a commercial nature shall be limited to food stores and/or coin operated laundries. These may be permitted in mobile home parks subject to the following restrictions: 1. Such establishments shall be subordinate to the residential use and character of the park. 2. Such establishments shall present no visible evidence of their commercial character from any portion of any residential district out-side the park. 3. Such establishments shall be designed to serve the trade and service needs of the park residents only. F. the design standards for streets within mobile home parks shall comply with either the minimum construction standards for secondary roads as required by the North Carolina Division of Highways or with minimum construction standards of private subdivision roads as specified herein. G. The State of North Carolina will not add any proposed roads within a mobile home park to the secondary road system; consequently, the developer shall construct all roads within the mobile home park serving less than fifty (50) spaces in accordance with a policy entitled "Minimum Construction Standards for Private Roads, Person County, North Carolina". However, if fifty (50) or more spaces are proposed, all roads located within the park shall be paved in accordance with a North Carolina Department of Transportation publication entitled "Subdivision Roads, Minimum Construction Standards", dated May 1, 1983. H. All private roads limited within a mobile home park shall be maintained by the park owner. I. Two (2) automobile parking spaces shall be provided within each mobile home space and shall not be located within any public right-of-way or within any street in the park, J. Cul-de-sacs shall serve no more than twenty-five (25) lots. K. Any mobile home park with fifty (50) or more spaces shall have a minimum of two entrances which provide ingress and egress. L. All mobile homes shall be located on individual mobile home spaces and each lot shall be clearly numbered so as to be seen from the access street. M. Mobile home parks existing on Feb 17, 1986 shall be allowed to continue provided, however, that mobile home parks existing at the time of the adoption of this ordinance shall not be allowed to expand or increase in any manner unless such expansion meets fully requirements set forth in this ordinance. N. Every mobile home park owner or operator shall maintain an accurate register containing a record of all owners of mobile homes in the park. In the event of a renter-occupied mobile home, at least one occupant from each mobile home shall be identified in the register along with the name(s) of the owner(s). The register shall be available for inspection at all times by authorized county representatives. The register shall contain the following information: 1. Name of owner and occupant; 2. Mobile home space number; 3. Make, model and registration; 4. Date when occupancy within the mobile home park begins and date when occupancy within the mobile home park ceases. O. Each mobile home space shall be clearly defined by means of concrete or metal pipe markers placed at all corners. P. No mobile home space shall encroach any proposed street right-of-way. Q. Each mobile home shall be located at least twenty (20) feet from any permanent building within the mobile home park. R. Storage areas shall be so maintained as to prevent rodent harborage; lumber, pipe, and other building material shall be stored at least one (1) foot above the ground. S. All exterior openings in or beneath any structure shall be appropriately skirted with suitable materials. T. The growth of brush, weeds and grass shall be controlled to prevent harborage of ticks, chiggers, and other noxious insects, Parks shall be so maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac, and other noxious weeds considered detrimental to health. Open area s shall be maintained free of heavy undergrowth with a height in excess of twenty-four (24) inches. U. All streets within the mobile home park shall be adequately illuminated from sunset to sunrise. The minimum size street light shall be a 175 watt mercury vapor (approximately 7,000 lumen class), or its equivalent, spaced at intervals of not more than five-hundred (500) feet. V. Each mobile home park shall provide four-hundred (400) square feet of recreation area for each mobile home space that is twenty-thousand (20,000) square feet or less in area. W. Buffer strips shall not be used to satisfy recreation space area requirements. 81-5 Radio, Telephone, and TV transmitting towers (moved from PUT Note) A. Towers located in B1, B2 or GI Districts require a Special Use Permit if located adjacent to a residential use. B. 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. C. 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. D. At a minimum, towers in all Districts are subject to the standards of the Table of Dimensional Requirements (Table 75). E. There are no height limitations for towers except as specified by the Federal Aviation Administration (FAA) in the vicinity of the Person County Airport. SECTION 82 HOME OCCUPATIONS (moved from PUT note) A home occupation is an occupation carried on in a dwelling unit or accessory building in accordance with the following. A. The use is an incidental use to the residential property. B. The home occupation shall not generate significantly greater volumes of traffic than would be expected in that residential neighborhood. C. No more than one (1) person other than the resident of the dwelling is to be engaged in the home occupation. D. No more than twenty-five percent (25%) of the total heated floor area of the principal structure shall be used for the home occupation. E. One hundred percent (100%) of an accessory structure may be used for the home occupation, 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. F. 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. G. The outside storage or exterior display of merchandise, products or materials, is prohibited. H. Required parking for a home occupation shall be met off the street and not in a required front or side yard setback. I. Signage shall comply with Article XII, Section 125. J. All residential properties served by a well and/or sewage disposal system must have said systems evaluated (when applicable) in accordance with North Carolina General Statutes and local regulations. K. 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. L. 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. SECTION 83 MANUFACTURED HOMES, CLASS A (moved from PUT note) 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: A. The manufactured home is listed and assessed as real property; B. All roof structures shall provide an eaves projection of no less than six inches, which may include a gutter; C. 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; D. 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; E. 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 F. 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. SECTION 84 MANUFACTURED HOMES, CLASS B (moved from PUT note) A 'Class B' manufactured home shall be a permitted use in the Residential (R) and Rural Conservation (RC) Zoning Districts provided that: A. 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. B. 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; C. The roofing materials are compatible with those used in standard residential construction; D. The wheels, axles, transporting lights and towing apparatus have been removed E. 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. (Rev. 5/5/97) SECTION 85 MANUFACTURED HOMES, SPECIAL CASES 85-1 Manufactured Homes, Hardship (moved from PUT note) 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: A. 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. B. The water and sewage facilities are approved by the District Health Department. C. One of the following types of relationships exists between the occupants of the manufactured home and the occupants of the principal dwelling unit: i. Blood relationship. ii. Relationship by marriage. iii. 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. E. 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) 85-2 Manufactured Homes during construction of a permanent dwelling (moved from PUT note) 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. 5. 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) 85-3 Emergency use of campers/recreational vehicles (moved from PUT note) 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 uninhabitable 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. PERSON COUNTY PERSON COUNTY PLANNING BOARD MEETING MINUTES Person County Office Building, Room 215 September 11th, 2025, 7:00 PM CALL TO ORDER/DETERMINATION OF A QUORUM Chair George established a quorum had been met and called the meeting to order at 7:00 ROLL CALL Members Present: Chair George, Vice Chair Allen, Member James, Member Lester, Member Wagstaff Members Absent: Member Lynch, Member McFarland Staff Present: Interim Director Margaret Hauth, and Michie Brandon Planning Technician, and Board Recording Secretary CONFLICT OF INTEREST AVOIDANCE REMINDER & DECLARATIONS Chair Tabitha George read the conflict-of-interest statement. All members stated they did not have a conflict of interest. NEW BUSINESS Interim Director Hauth noted all agenda items were regarding text amendments. She said the first two items were things the Planning Board had scheduled for the last meeting that they did not get to. She said the other items were from her work with Commissioners Long and Wilborn aimed to consolidate ordinances. She said these were all local initiatives, so there was no applicant awaiting the outcomes. The members asked Hauth to go through the two topics they had been working on in detail first. ITEM C.1.i Amendments to Subdivision Regulations Interim Director Hauth reminded the board of her previous statement that the subdivision regulations did not provide clear guidance of the review processes and access requirements for subdivisions. She suggested amending Section 16 to detail the four types of subdivisions (exempt, family, minor, and major) and to list the acceptable types of access for each type of division. She noted this would also trigger amendments in Section 50, 51, and 53 to improve cross references or relocate language to Section 16. Chair George said she was ready for this item to go to public hearing. Vice Chair Allen asked that “ordinance” be added after “this” in section 16-3 page 7 and that “creation” be replaced with “plat recordation” section 16-3.1 on page 8 for more clarity. Member James asked about the provision of a temporary turnaround in 51-2-f. She asked what happened to the turnaround when the road was extended. Interim Director Hauth said language could be added to clearly indicate the turnaround could eb removed and right of way reduced at the time of extension. Person County Planning Board 8/14/25, page 2 of 3 Motion: Member James moved to add the text amendment clarify the subdivision types related to road access to the agenda for the October Planning Board public hearing, with revisions on page 7, 8, and page 24. Second: Vice Chair Allen seconded. Vote: 5:0 ITEM C.2.i Amendments to Planning Ordinance to allow multiple dwellings on a lot Interim Director Hauth said this prosed amendment was an attempt to address the members’ interest to allow multiple dwelling on lots when there was adequate well and septic capacity. She said she had shared the language with Environmental Health staff who advised that they rarely allow the sharing of septic tanks and fields. She noted the Environmental Health Director was comfortable with the language proposed of “as authorized by Environmental Health.” Interim Director Hauth said she asked for the subdivision conceptual drawing without requiring the division to mitigate problems in the future. She noted the drawing simply needed to be to scale, not prepared by a surveyor or other professional, keeping the costs low. Chair George recommended striking the clause regarding shared septic systems. She expressed concern that this read like it was increasing the density in the R district. She suggested removing the 2-acre requirement in RC and establishing a 1 unit per acre density. Member Wagstaff recommended adding language clarifying that manufactured homes be acceptable until the threshold for a Mobile Home Park is reached (i.e. 3 units on one tract). Staff member Brandon recommended referencing the “North Carolina Building Code” instead of just “building code.” The Board agreed. Motion: Vice Chair Allen moved to place the proposed amendment on the agenda for the October Planning Board public hearing. Second: Member James. Vote: 5:0 ITEMs C.2.ii-v Amendments to Planning Ordinance Interim Director Hauth noted the 4 amendments regarding short term rentals, RV Parks as a by- right use in RC, changes to the use table, and consolidation were the product of her work with Commissioners Long and Wilborn as had been previously discussed. Vice Chair Allen expressed some concern about sending all of these items to public hearing at one time and without any direction form the Board of Commissioners that they were interested in these topics as a whole. He noted these amendments were fairly complex and represented some significant changes. Board members expressed their agreement, but asked Hauth to discuss the items a little more. Interim Director Hauth said she included the draft language form the UDO for handling short term rentals as reference only. She said after revieing the list, she was concerned that most of the topics being addressed with those conditions weren’t zoning related and would normally be enforced by other departments. She said that zoning enforcement was also a very slow process, so a rental that caused a violation would likely no longer be in place by the time enforcement action started. Concerns about noise and traffic are law enforcements. Occupancy is for environmental health. She expressed concern that Person County wasn’t in a position to enforce the language that was proposed, so she recommended not specifically regulating short term rentals of whole houses. Multiple rooms within a house could be handled as bed and breakfasts Person County Planning Board 8/14/25, page 3 of 3 or home occupations depending on the number of rooms being rented. She advised the board that neighborhoods with homeowners’ associations can restrict this use within their neighborhoods so long as they are prepared to any limitations. Member Lester asked about RV parks and whether the county had investigated the experience Clarksville Virginia had with construction of the Microsoft facility. Chair George also expressed support for the idea of making RV parks more temporary by having them co-located with the actual construction site. The members discussed other options and long-term impacts of many RV parks scattered around the county and whether this was desirable in the long run. Interim Director Hauth talked about the changes to the permitted use table and the new definitions. She indicated the item represented consolidation of uses she recommended, new uses the planning board had asked for and a few uses the commissioners had asked for. She said she had intended to consolidate in the solar ordinance, but since the other amendment was still under consideration that was not wise. She said the table would need to refer readers to the freestanding ordinance. She also added that the consolidate amendments really only addressed the junkyard ordinance and mobile home park ordinance. The members agreed they were not ready to send this group of amended to public hearing without some guidance from the Commissioners. Interim Director Hauth said she would be attending the Commissioners meeting on Monday and would attempt to get more guidance. The member agreed that the complexity of the issues covered by these amendments and the long-term impacts to the county were worthy of careful consideration. Approval Of the Minutes from 8/14/2025 Member George requested the Minutes be presented in a larger font. Motion: Member Wagstaff made a motion to accept the minutes. Second: Member Lester. Vote: 5:0 ADJOURNMENT Motion: Vice Chair Allen. Second: Member James. Vote: 5:0 The meeting ended at 9:19 ___________________________________ Chair, Tabitha George ___________________________________ Recording Secretary, Michie Brandon Planning Technician, Person County Planning and Zoning