01-08-2026 Agenda Packet PBPERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street, Suite B
Roxboro, North Carolina
27573
PERSON COUNTY PLANNING BOARD
Person County Office Building, Room 215
MEETING AGENDA
January 8, 2025
7:00 P.M.
A.CALL TO ORDER / DETERMINATION OF QUORUM
B.CONFLICT OF INTEREST AVOIDANCE REMINDER & DECLARATIONS
C.DISCUSSION ITEMS
1.Petition TA-19-25 – Amend Planning Ordinance moving Flood Damage Prevention Ordinance,
Minimum Construction Standards for Private Roads, Solar Energy System Ordinance, Ordinance
Regulating Sexually Oriented Businesses, and Zoning Ordinance to Limit Height of Objects Around
Person County Airport into the Planning Ordinance and format Planning Ordinance for consistency
and clarity.
2.Petition TA 20-25 – Amend Planning Ordinance to include Technical/Development Review
Committee
3.Petition TA 21-25 – Amend Planning Ordinance to include Special Use Permit Standards
4.Petition TA-17-25 – Amend the Planning Ordinance Section 72 Landscaping and Buffers.
D.APPROVAL OF MINUTES
1.Minutes of December 11, 2025
E.OTHER BUSINESS AND ANNOUNCEMENTS
F.ADJOURNMENT
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PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street,
Roxboro, North Carolina 27573
Item: C.1. Petition TA 19-25
I. Background
Person County Planning and Zoning staff are tasked with administering and enforcing a range of development-
related ordinances. Ensuring consistent interpretation and application of these regulations often requires significant
staff time, sometimes spanning multiple days, to manage both routine operations and complex development
reviews. Over the past year, the County has undertaken numerous text amendments to bring these ordinances into
alignment with current state standards and, in select cases, to consolidate overlapping provisions.
To streamline regulatory oversight, improve operational efficiency, and reduce the potential for inconsistent
enforcement, staff recommends consolidating the existing ordinances into a single, comprehensive Planning
Ordinance. This consolidation would provide a unified framework for development regulation, simplify staff
training, improve accessibility for the public and developers, and enhance the County’s ability to maintain
compliance with evolving state requirements.
III.Summary of Proposed Amendments
•Petition TA-19-25 – Consolidate remaining development regulations into the Planning Ordinance
This amendment incorporates the following stand-alone ordinances into the Planning Ordinance:
–Flood Damage Prevention Ordinance
–Minimum Construction Standards for Private Roads
–Solar Energy System Ordinance
–Ordinance Regulating Sexually Oriented Businesses
–Zoning Ordinance to Limit Height of Objects Around Person County Airport
Follows prior consolidation efforts (e.g. Subdivision Regulations, Mobile Home Parks, and Junkyards)
and completes the transition to a single regulatory document.
IV.Staff Analysis and Recommendation
These updates support the County’s goal of a clear, consistent, and modern planning framework by ensuring
regulations are compliant, easy to understand, and aligned with sustainable development practices. Consolidating
the ordinance, creating a comprehensive review process, and establishing SUP standards will also reduce
redundancy, improve accessibility, and enhance administrative efficiency.
V.Comprehensive Plan Consistency
Person County Planning Ordinance Section 153, Amendments to the Zoning Map or Ordinance, as well as NCGS §
160D-604 & § 160D-605, requires consistency with the adopted Compressive Plan. A statement reflecting the
consistency must accompany the Planning Board recommendation. A general statement of plan consistency and a
desire for clear regulations can be used as adequate support, if a specific language from the Comprehensive plan
cannot be found.
VI.Action
Conduct public hearings for the proposed amendments (Attachment 1) at the February Planning Board.
VI.Submitted by
Nishith Trivedi, Planning Director
Attachment 1
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Petition TA-19-25
Planning Ordinance - amended as of November 18, 2025
1)ARTICLE I – AUTHORITY AND PURPOSE
2)ARTICLE II – TITLE
3)ARTICLE III – WATER SUPPLY WATERSHED PROTECTION REQUIREMENTS
a)SECTION 30-7 – CLUSTER RESIDENTIAL DEVELOPMENT (AMENDED 02/15/2010)
b)SECTION 31 – FALLS WATERSHED STORMWATER ORDINANCE
4)ARTICLE IV - BONA FIDE FARMS
5)ARTICLE V - ESTABLISHMENT OF DISTRICTS
6)ARTICLE VI – APPLICATION OF DISTRICT REGULATIONS
7)ARTICLE VII – DISTRICT REGULATIONS
SECTION 71 – TABLE OF PERMITTED USES
SECTION 72 – TABLE OF DIMENSIONAL REQUIREMENTS
LANDSCAPE BUFFERS
SECTION 73 – SETBACK REQUIREMENTS
SECTION 74 – CLUSTER DEVELOPMENT
8)ARTICLE VIII – USE SPECIFIC REQUIREMENTS
9)ARTICLE IX – AIRPORT OVERLAY DISTRICT REQUIREMENTS
10)ARTICLE X – NONCONFORMING USES
11)ARTICLE XI – OFF-STREET PARKING AND LOADING
12)ARTICLE XII – SIGNS
13)ARTICLE XIII – ADMINISTRATIVE POWERS AND DUTIES
SECTION 140 – ADMINISTRATION
SECTION 141 – APPROVALS AND COMPLIANCE
SECTION 142 – ENFORCEMENT AND PENALTIES
14)ARTICLE XIV – DEVELOPMENT APPLICATION REVIEW PROCEDURES
SECTION 150 – GENERAL
SECTION 151 – CONDITIONAL USE PERMIT AND SPECIAL USE DISTRICTS ISSUED PRIOR TO 5/3/2021
SECTION 152 – ZONING PERMITS
SECTION 153 – AMENDMENTS TO THE ZONING MAP OR ORDINANCE
SECTION 154 – CONDITIONAL REZONINGS
SECTION 155 – SPECIAL USE PERMITS
SECTION 156 – DEVELOPMENT AGREEMENTS
SECTION 157 – ZONIGN VARIANCES
Attachment 1
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SECTION 158 – VESTED RIGHTS
SECTION 159 – APPEALS
15)ARTICLE XV - SEPARABILITY
16)ARTICLE XVI – EFFECTIVE DATE
17)APPENDIX A – INTERPRETATION OF TERMS AND DEFINITIONS
18)APPENDIX B – DEFINITIONS
19)APPENDIX C – TABLE OF PERMITTED USES
Separate Ordinances
•Flood Damage Prevention Ordinance
•Minimum Construction Standards for Private Roads
•Ordinance Regulating Sexually Oriented Businesses
•Solar Energy System Ordinance
•Subdivision Regulations
•Zoning Ordinance to Limit Height of Objects Around Person County Airport
Attachment 1
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Planning Ordinance as recommended for January 5, 2026, Text Amendment
1) ARTICLE I – AUTHORITY AND PURPOSE
2) ARTICLE II – TITLE
3) ARTICLE III – WATER SUPPLY WATERSHED PROTECTION REQUIREMENTS
SECTION 30-7 – CLUSTER RESIDENTIAL DEVELOPMENT (AMENDED 02/15/2010)
SECTION 31 – FALLS WATERSHED STORMWATER ORDINANCE
4) ARTICLE IV - BONA FIDE FARMS
5) ARTICLE V - ESTABLISHMENT OF DISTRICTS
6) ARTICLE VI – APPLICATION OF DISTRICT REGULATIONS
7) ARTICLE VII – DISTRICT REGULATIONS
SECTION 70 – DEFINITIONS (formerly Appendix A and B)
SECTION 71 – TABLE OF PERMITTED USES (formerly Appendix C)
SECTION 72 – TABLE OF DIMENSIONAL REQUIREMENTS
SECTION 73 – LANDSCAPING AND BUFFERS
SECTION 74 – SETBACK REQUIREMENTS
SECTION 75 – CLUSTER DEVELOPMENT
8) ARTICLE VIII – USE SPECIFIC REQUIREMENTS
9) ARTICLE IX – AIRPORT OVERLAY DISTRICT REQUIREMENTS
10) ARTICLE X – NONCONFORMING USES
11) ARTICLE XI – OFF-STREET PARKING AND LOADING
12) ARTICLE XII – SIGNS
13) ARTICLE XIII – ADMINISTRATIVE POWERS AND DUTIES
SECTION 140 – ADMINISTRATION
SECTION 141 – APPROVALS AND COMPLIANCE
SECTION 142 – ENFORCEMENT AND PENALTIES
14) ARTICLE XIV – SUBDIVISION REGULATIONS (formerly separate ordinance, same regulations)
15) ARTICLE XV – DEVELOPMENT APPLICATION REVIEW PROCEDURES
SECTION 150 – GENERAL
SECTION 151 – CONDITIONAL USE PERMIT AND SPECIAL USE DISTRICTS ISSUED PRIOR TO 5/3/2021
SECTION 152 – ZONING PERMITS
SECTION 153 – AMENDMENTS TO THE ZONING MAP OR ORDINANCE
SECTION 154 – CONDITIONAL REZONINGS
SECTION 155 – SPECIAL USE PERMITS
SECTION 156 – DEVELOPMENT AGREEMENTS
Attachment 1
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SECTION 157 – ZONIGN VARIANCES
SECTION 158 – VESTED RIGHTS
SECTION 159 – APPEALS
16) ARTICLE XVI - SEPARABILITY
17) ARTICLE XVII – EFFECTIVE DATE
Separate Ordinances
• Flood Damage Prevention Ordinance
• Minimum Construction Standards for Private Roads
• Ordinance Regulating Sexually Oriented Businesses
• Solar Energy System Ordinance
• Zoning Ordinance to Limit Height of Objects Around Person County Airport
Attachment 1
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TEXT AMENDMENT – STEP 1 – CONSOLIDATE OTHER PLANNING ORDINANCES
1) ARTICLE I – AUTHORITY AND PURPOSE
2) ARTICLE II – TITLE
3) ARTICLE III – WATER SUPPLY WATERSHED PROTECTION REQUIREMENTS
SECTION 31 – FALLS WATERSHED STORMWATER ORDINANCE
SECTION 32 – FLOOD DAMAGE PREVENTION ORDINANCE (formerly separate ordinance, same regulations)
4) ARTICLE IV - BONA FIDE FARMS
5) ARTICLE V - ESTABLISHMENT OF DISTRICTS
6) ARTICLE VI – APPLICATION OF DISTRICT REGULATIONS
7) ARTICLE VII – DISTRICT REGULATIONS
SECTION 70 – DEFINITIONS
SECTION 71 – TABLE OF PERMITTED USES
SECTION 72 – TABLE OF DIMENSIONAL REQUIREMENTS
SECTION 73 – LANDSCAPING AND BUFFERS
SECTION 74 – SETBACK REQUIREMENTS
SECTION 75 – CLUSTER DEVELOPMENT
8) ARTICLE VIII – USE SPECIFIC REQUIREMENTS
SECTION 81 – SITE PLAN REQUIRED
SECTION 82 – SPEICAL USE PERMITS – SITE PLAN REQUIRMENTS
SECTION 83 – HOME OCCUPATIONS
SECTION 84 – MANUFACTURED HOMES, CLASS A
SECTION 85 – MANUFACTURED HOMES, CLASS B
SECTION 86 – MANUFACTURED HOMES, SPECIAL CASES
SECTION 87 – ORDINANCE REGULATIONG SEXUALLY ORIENTED BUSINESSES (formerly separate ordinance,
same regulations)
SECTION 88 – SOLAR ENERGY SYSTEM ORDINANCE (formerly separate ordinance, same regulations)
9) ARTICLE IX – AIRPORT OVERLAY DISTRICT REQUIREMENTS
SECTION 90 – TO LIMIT HIGHT OF OBJECTS AROUND PERSON COUNTY AIRPORT
SECTION 91 – AIRPORT OVERLAY NOISE EXPOSER DISTRICT
SECTION 92 – ZONING ORDINANCE TO LIMIT HEIGHT OF OBJECTS AROUND PERSON COUNTY AIRPORT
(formerly separate ordinance, same regulations)
10) ARTICLE X – NONCONFORMING USES
11) ARTICLE XI – OFF-STREET PARKING AND LOADING
12) ARTICLE XII – SIGNS
13) ARTICLE XIII – ADMINISTRATIVE POWERS AND DUTIES
SECTION 140 – ADMINISTRATION
Attachment 1
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SECTION 141 – APPROVALS AND COMPLIANCE
SECTION 142 – ENFORCEMENT AND PENALTIES
14) ARTICLE XIV – SUBDIVISION REGULATIONS (formerly separate ordinance, same regulations)
15) ARTICLE XV – DEVELOPMENT APPLICATION REVIEW PROCEDURES
SECTION 150 – GENERAL
SECTION 151 – CONDITIONAL USE PERMIT AND SPECIAL USE DISTRICTS ISSUED PRIOR TO 5/3/2021
SECTION 152 – ZONING PERMITS
SECTION 153 – AMENDMENTS TO THE ZONING MAP OR ORDINANCE
SECTION 154 – CONDITIONAL REZONINGS
SECTION 155 – SPECIAL USE PERMITS
SECTION 156 – DEVELOPMENT AGREEMENTS
SECTION 157 – ZONIGN VARIANCES
SECTION 158 – VESTED RIGHTS
SECTION 159 – APPEALS
16) ARTICLE XVI - SEPARABILITY
17) ARTICLE XVII – EFFECTIVE DATE
Separate Ordinances
• Minimum Construction Standards for Private Roads
Attachment 1
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TEXT AMENDMENT – STEP 2 – FORMAT FOR CONSISTENCY
Document Formatting Improvement Checklist
1. Heading Structure
• Apply standardized heading hierarchy:
o Heading 1: ARTICLE
Heading 2: SECTION
Heading 3: Sub-Section
• Confirm consistent formatting, capitalization, spacing, and indentation across all headings.
2. Numbering Scheme
• Implement uniform numbering format:
o Level 1: 1
Level 2: a)
Level 3: i
• Ensure all lists, subsections, and references follow this numbering structure.
3. Citations and Cross-References
• Update all internal cross-references (e.g. “articles x”) referring to different parts of the ordinance to
whole ordinance (e.g. “this ordinance”)
• Ensure citation style is applied consistently throughout.
4. Pagination
• Review and correct page numbers throughout the document.
• Standardize placement (center or right-aligned).
• Confirm continuous pagination from start to end.
5. Header and Footer Formatting
• Add uniform headers and footers, including:
o Document title or article reference
o Page number
o Version date or revision code (if applicable)
• Ensure alignment and spacing are consistent across pages.
6. Table of Contents
• Rebuild the Table of Contents to reflect updated headings.
• Use the following structure:
o Article
Section
• Confirm accurate page links, formatting alignment, and spacing.
7. Final Quality Review
• Conduct a full read-through to verify:
o Uniform formatting and correct hierarchy and numbering
o No missing headings, sections, or formatting errors
• Export final version and confirm integrity in PDF and editable formats.
Attachment 1
9 | Page
FUTURE TEXT AMENDMEDNT
• Consolidate Definition and Sections – all in one common area, no change in regulations
o Date – to be determined
PERSON COUNTY
PLANNING ORDINANCE
PERSON COUNTY, NORTH CAROLINA
v. Nov. 18, 2025
ADOPTED BY THE PERSON COUNTY BOARD OF COUNTY COMMISSIONERS ON MAY 20, 1991 & RE-ADOPTED IN ITS
ENTIRETY ON DECEMBER 6, 1993, TO INCORPORATE WATERSHED PROTECTION PROVISIONS
AMENDED: AMENDED:
(1) July 11, 1994 (51) February 2014 (Definition of Professional Office)
(2) September 7, 1994 (52) July 2014 (Stormwater Amendment)
(3) May 15, 1995 (53) April 2015 (Remove Wireless Telecommunications Facilities)
(4) November 6, 1995 (54) September 6 2016 (Revise Table of Permitted Uses; Dimensional Requirements)
(5) January 11, 1996 (55) October 2, 2017 (Revise Table of Uses to add distillery, brewery and solar energy systems; add
(6) February 19, 1996 definitions for those uses)
(7) March 18, 1996 (56) September 9 2019 (Revise Table of Uses to add Event Center; Add definition for Event Center)
(8) June 3, 1996 (57) January 06, 2020 (Article VII, X, XIII, XIV, and Appendix B, including renumbering and
(9) July 8, 1996 definitions)
(10) August 5, 1996 (58) October 5, 2020 (Note 2 and 10; Remove solar energy system regulations)
(11) February 3, 1997 (59) November 16, 2020 (Amend Ind. requirements Section 70, Appendix B, Appendix C, Note 2)
(12) March 17, 1997 (60) November 16, 2020 (Accessory structure req. Section 60, Appendix B Definitions)
(13) May 5, 1997 (61) January 4, 2021 (Article VIII Section 81 Ingress and egress width)
(14) July 7, 1997 (62) May 3, 2021 (160D Legislative Changes: All Articles and renumbering)
(15) November 3, 1997 (63) August 4, 2025 (firearms training, cross references, permit validity, posting properties)
(16) June 15, 1998 (64) November 3, 2025 (Camper/RV Parks, Lodging units)
(17) February 1, 1999 (65) November 18, 2025
(18) March 8, 1999
(19) December 6, 1999
(20) August 7, 2000
(21) May 7, 2001
June 4, 2001
July 2, 2001
November 5, 2001
(25) January 7, 2002
(26) May 6, 2002
(27) July 22, 2002
(28) February 3, 2003
(29) August 4, 2003
(30) November 17, 2003
(31) December 1, 2003
(32) November 1, 2004
(33) February 21, 2005
(34) June 6, 2005
(35) August 1, 2005
(36) March 13, 2006
(37) November 19, 2007
(38) December 3, 2007
(39) August 4, 2008
(40) September 2, 2008
(41) November 3, 2008
(42) December 1, 2008
(43) December 7, 2009
(44) February 15, 2010
(45) August 2, 2010
(46) December 6, 2010
(47) February 7, 2011
(48) September 6, 2011
(49) July 15, 2012
(50) June 23, 2013 (Accessory Buildings)
Contents
ARTICLE I – AUTHORITY AND PURPOSE ......................................................... 1
SECTION 11 – AUTHORITY AND ENACTMENT CLAUSE .............................................................................. 1
SECTION 12 – PURPOSE .................................................................................................................. 1
ARTICLE II – TITLE .......................................................................................... 1
ARTICLE III – WATER SUPPLY WATERSHED PROTECTION REQUIREMENTS .... 2
SECTION 31 – FALLS WATERSHED STORMWATER ORDINANCE ................................................................ 13
SECTION 32 – FLOOD DAMAGE PREVEION ORDINANCE ......................................................................... 39
ARTICLE IV - BONA FIDE FARMS .................................................................. 72
ARTICLE V - ESTABLISHMENT OF DISTRICTS ................................................ 73
SECTION 51 – INTERPRETATION OF DISTRICT BOUNDARIES ..................................................................... 73
ARTICLE VI – APPLICATION OF DISTRICT REGULATIONS .............................. 74
SECTION 61 – GENERAL REGULATIONS .............................................................................................. 74
SECTION 62 – RESIDENTIAL DENSITY OPTIONS (AMENDED 11/18/2025) ................................................. 75
ARTICLE VII – DISTRICT REGULATIONS ........................................................ 77
SECTION 71 – DEFINITIONS ............................................................................................................ 78
SECTION 72 – TABLE OF PERMITTED USES .......................................................................................... 94
SECTION 73 – TABLE OF DIMENSIONAL REQUIREMENTS ....................................................................... 102
SECTION 74 – LANDSCAPE BUFFERS ............................................................................................... 103
SECTION 75 – SETBACK REQUIREMENTS .......................................................................................... 104
SECTION 76 – CLUSTER DEVELOPMENT ........................................................................................... 104
ARTICLE VIII – USE SPECIFIC REQUIREMENTS ............................................ 107
SECTION 81 – SITE PLAN REQUIRED .................................................................................................. 107
SECTION 82 – SPEICAL USE PERMITS – SITE PLAN REQUIRMENTS ........................................................... 109
SECTION 83 – HOME OCCUPATIONS ............................................................................................... 116
SECTION 84 – MANUFACTURED HOMES, CLASS A .............................................................................. 117
SECTION 85 – MANUFACTURED HOMES, CLASS B .............................................................................. 117
SECTION 86 – MANUFACTURED HOMES, SPECIAL CASES ...................................................................... 118
SECTION 87 – ORDINANCE REGULATIONG SEXUALLY ORIENTED BUSINESSES ............................................. 120
SECTION 88 – SOLAR ENERGY SYSTEM ORDINANCE ............................................................................ 136
ARTICLE IX – AIRPORT OVERLAY DISTRICT REQUIREMENTS ...................... 150
SECTION 91 – TO LIMIT HIGHT OF OBJECTS AROUND PERSON COUNTY AIRPORT ....................................... 150
SECTION 92 – AIRPORT OVERLAY NOISE EXPOSER DISTRICT ................................................................. 152
SECTION 93 – ZONING ORDINANCE TO LIMIT HEIGHT OF OBJECTS AROUND PERSON COUNTY AIRPORT ........... 152
ARTICLE X – NONCONFORMING USES ....................................................... 163
SECTION 101 – INTENT ............................................................................................................... 163
SECTION 102 – CONTINUATION OF NONCONFORMING USES ................................................................ 163
SECTION 103 – REPAIRS AND MAINTENANCE ................................................................................... 165
SECTION 104 – NONCONFORMING LOTS OF RECORD .......................................................................... 165
ARTICLE XI – OFF-STREET PARKING AND LOADING ................................... 166
ARTICLE XII – SIGNS ................................................................................... 167
SECTION 121 – PURPOSE AND SCOPE ............................................................................................. 167
SECTION 122 – SIGN COMPLIANCE ................................................................................................ 167
SECTION 123 – SIGS EXEMPTED .................................................................................................... 167
SECTION 124 – TEMPORARY SIGNS ................................................................................................ 168
SECTION 125 – ON-PREMISE SIGNS ............................................................................................... 168
SECTION 126 -- OFF-PREMISE ADVERTISING SIGNS ............................................................................ 170
SECTION 127 – SIGN ILLUMINATION ............................................................................................... 172
SECTION 128 – COMPUTATIONS ................................................................................................... 172
SECTION 129 – PROHIBITED SIGNS ................................................................................................ 172
SECTION 130 – NONCONFORMING SIGNS ........................................................................................ 173
ARTICLE XIII – ADMINISTRATIVE POWERS AND DUTIES ............................. 174
SECTION 131 – ADMINISTRATION .................................................................................................. 174
SECTION 132 – APPROVALS AND COMPLIANCE ................................................................................. 175
SECTION 133 – ENFORCEMENT AND PENALTIES ................................................................................. 178
SECTION 134 – PLANNING BOARD ................................................................................................. 179
SECTION 135 – BOARD OF ADJUSTMENTS ........................................................................................ 180
ARTICLE XIV – SUBDIVISION REGULATIONS ............................................... 181
SECTION 141 – GENERAL PROVISIONS ............................................................................................ 181
SECTION 142 – PROCEDURES FOR REVIEW AND APPROVAL OF MINOR SUBDIVISIONS .................................. 185
SECTION 143 – PROCEDURES FOR REVIEW AND APPROVAL OF MAJOR SUBDIVISIONS.................................. 186
SECTION 144 – RESUBDIVISION PROCEDURES ................................................................................... 193
SECTION 145 – DESIGN STANDARDS .............................................................................................. 193
SECTION 146 – IMPROVEMENTS AND INSTALLATION OF PERMANENT REFERENCE POINTS ............................. 201
SECTION 147 – ADMINISTRATION .................................................................................................. 202
SECTION 148 – GLOSSARY ........................................................................................................... 206
ARTICLE XV – DEVELOPMENT APPLICATION REVIEW PROCEDURES .......... 213
SECTION 151 – GENERAL ............................................................................................................ 213
SECTION 152 – CONDITIONAL USE PERMIT AND SPECIAL USE DISTRICTS ISSUED PRIOR TO 5/3/2021 ............. 215
SECTION 153 – ZONING PERMITS .................................................................................................. 215
SECTION 154 – AMENDMENTS TO THE ZONING MAP OR ORDINANCE ..................................................... 215
SECTION 155 – CONDITIONAL REZONINGS ....................................................................................... 218
SECTION 156 – SPECIAL USE PERMITS ............................................................................................ 221
SECTION 157 – DEVELOPMENT AGREEMENTS ................................................................................... 225
SECTION 158 – ZONIGN VARIANCES ............................................................................................... 229
SECTION 159 – VESTED RIGHTS .................................................................................................... 232
SECTION 160 – APPEALS ............................................................................................................. 236
ARTICLE XVI - SEPARABILITY ...................................................................... 239
ARTICLE XVII – EFFECTIVE DATE ................................................................ 239
PERSON COUNTY DEPARTMENT OF PLANNING AND ZONING
Roxboro, NC 27573
1
PERSON COUNTY PLANNING ORDINANCE
ARTICLE I – AUTHORITY AND PURPOSE
SECTION 11 – AUTHORITY AND ENACTMENT CLAUSE
(Amended 5/3/21)
In pursuance of authority conferred by Sections 107, 109, 409, 702, 704, 705, 903, and 908 of Chapter
160D of the General Statutes of North Carolina as amended; THE BOARD OF COUNTY
COMMISSIONERS OF PERSON COUNTY, NORTH CAROLINA DOES HEREBY ORDAIN AND
ENACT INTO LAW THE FOLLOWING ARTICLES AND SECTIONS.
SECTION 12 – PURPOSE
This ordinance is enacted to promote and to protect the health, safety and welfare of the people within
the designated planning jurisdiction of Person County. It is the intention of the Board of County
Commissioners that the provisions of this ordinance will implement the purpose and intent of the
adopted development plans of the County by encouraging the most desirable use of the land for
residential, agricultural, commercial, industrial, conservation, public service, flood plain and drainage
purposes, and the most appropriate use and occupancy of buildings, and by promoting good land use
planning. This ordinance is enacted for the further purpose of 1) assuring clean, non-polluted drinking
water, 2) protection of all our watersheds, 3) controlling hazardous waste, 4) orderly, planned growth
vital to the economic future and livability of Person County, and 5) assuring adequate light and air.
ARTICLE II – TITLE
This ordinance shall be known and may be cited as The Person County Planning Ordinance.
2
PERSON COUNTY PLANNING ORDINANCE
ARTICLE III – WATER SUPPLY WATERSHED PROTECTION REQUIREMENTS
(Amended 2/15/2010; 5/3/21)
30-1 Intent
In 1989, the N.C. General Assembly ratified the Water Supply Protection Act mandating the
protection of all water supplies within the State. Subsequently, water supply rules were adopted
by the Environmental Management Commission in 1992 requiring local governments to adopt
and enforce local ordinances complying with minimum watershed protection requirements.
These rules will be applied by Person County in accordance with the requirements of the North
Carolina Environmental Management Commission. (Amended 11/3/97)
In General, this will be accomplished by establishing Watershed Protection Overlay Districts
regulating land use, development density and built upon areas for lands located in a water supply
watershed within Person County's Planning Jurisdiction, as described herein; and in
conjunction with Federal, State Laws and Local Ordinances designed to protect water quality.
(Amended 11/3/97)
30-2 Application Criteria
The Watershed Protection Overlay Districts, as established in Section 30-4, overlay other
zoning districts established in this Ordinance. As of January 1, 1994, the new use of land, or
new structure within any Watershed Protection Overlay District shall comply with the
provisions of this Article as well as the use regulations applicable to the underlying zoning
district. Whenever standards of the underlying district differ from the Watershed Protection
Overlay District, the more restrictive provisions shall apply. (Amended 11/3/97)
30-3 Exemptions
30-3(a) Single Family Lot. A deeded single family lot owned by an individual, established prior
to January 1, 1994, regardless of whether a vested right has been established, shall not be subject
to the restrictions of this ordinance. Nothing in this ordinance shall be construed to require the
recombination of nonconforming lots of record.
30-3(b) Existing Development. Existing development is not subject to the requirements of this
ordinance. Existing developments include projects (structures, roads, etc.) that are
built or at a minimum have established a vested right under North Carolina Zoning Law as of
December 31, 1993, based on at least one of the following criteria:
1. Substantial expenditures of resources (time, labor, money) based on a good faith reliance
upon having received a local government approval to proceed; or
2. Having an outstanding valid building permit in compliance with160D-102 and 100(d); or,
(Rev. 5/3/21)
3. Meeting the court-created common law or constitutional standards of substantial
expenditure of resources (time, labor, or money) based on a good faith reliance upon
3
PERSON COUNTY PLANNING ORDINANCE
receiving valid approval from the Person County Board of Commissioners to proceed with
the project.
30-3(c) Redevelopment of Project Sites. An existing development, as defined in this ordinance
may be redeveloped after a natural disturbance or as part of the project redevelopment provided
that the rebuilding activity does not have a net increase in the built-upon area.
A single-family residence, established prior to January 1, 1994, may be redeveloped without
any restrictions from this ordinance.
30-3(d)Expansions of Existing or New Development. Expansions to existing development or
new development are permitted as follows:
1. Expansions to single-family residence built before January 1, 1994, are permitted without
any restrictions from this ordinance; and
2. Expansions to all other structures classified as existing development must meet the
requirement of this ordinance, except, the built-upon area of the existing development is
not required to be included in the density calculations; and
3. Expansions to structures other than existing development must meet the density
requirements for the entire project. For example, if the structure to be expanded is not
grandfathered as "existing development" but was built after December 31, 1993, then the
total project, including the existing built upon areas and expanded built upon areas, must
meet the requirements of this ordinance.
4
PERSON COUNTY PLANNING ORDINANCE
30-4 Establishment of Watershed Overlay Districts
Eight (8) watershed protection overlay districts are hereby established, as listed in Table 30-
4(a) land delineated on the "Official Person County Watershed Map", as adopted as referenced
herein, for all lands within water supply watersheds of existing or potential drinking water
supplies. All districts have been classified by the Environmental Management Commission as
a WSII, WSIII, or WSIV water supply watershed. (Amended 11/3/97)
5
PERSON COUNTY PLANNING ORDINANCE
TABLE 30-4(a): WATERSHED PROTECTION OVERLAY DISTRICTS
District Class Acreage General Location
Storys-Ca Storys Creek
Critical Area
WSII 1,837 One-half mile to the normal
pool elevation lake or to the
ridgeline which ever is less
Storys-Bw
Storys Creek
Balance of Watershed
WSII 4,654 The drainage basin of Storys
Creek which is located in
Person County
Knap-Bw
Knap of Reeds Creek
Balance of Watershed
WSII 2,619 The portion of the drainage
basin of Knap Of Reeds
Creek (Lake Butner) which is
located in Person County
Little-Bw Little River
Balance of Watershed
WSII 74.00 The portion of the drainage
basin of Little River
Reservoir which is located in
Person County
Hyco-Ca South Hyco Creek
Critical Area
WSII 246.00 One-half mile upstream from
and draining to the intake
located in South Hyco Creek
Hyco-Bw South Hyco Creek
Balance of Watershed
WSII 21646.00 The portion of the drainage
basin, South Hyco Creek
which is located in Person
County
Flat-Bw Flat River
Balance of Watershed
WSIII 80074.00 The portion of the drainage
basin of the Flat River which
is located in Person County
Tar-Pa Tar River Protected Area
Watershed
WSIV 20117.00 The portion of the drainage
basin of the Tar River which
is located in Person County
6
PERSON COUNTY PLANNING ORDINANCE
30-5 Land Use Restrictions
All uses allowed in the underlying zoning districts are permitted except as stated in Table 30-
5(a).
TABLE 30-5 (a): LAND USE RESTRICTIONS
District Restriction
Hyco-Ca
Storys-Ca
No New Landfills*
Hyco-Bw
Knap-Bw
Little-Bw
Flat-Bw
No New Discharging Landfill*
Tar-Pa
* In view of state regulations and in view of state requirements for a permit from the Division of Water Quality
and the Division of Solid Waste, the Person County Sludge Ordinance, which restricted the application of
residuals, was rescinded by the Person County Board of Health in September of 1997. (Amended 11/3/97)
30-6 Densith and Built Upon Limits **
All structures not exempted by Section 30-3, shall comply with density or built upon
requirements listed in Table 30-6(a) or Table 30-6(b), as appropriate.
DISTRICT
TABLE 30-6(A)
RESIDENTIAL DEVELOPMENT
TABLE 30-6(B)
NONRESIDENTIAL DEVELOPMENT
Storys-Ca
Hyco-Ca
1 du/2 ac or 6% built upon area. Up to 6% built upon area.
Storys-Bw
Hyco-Bw
Knap-Bw
Little-Bw
1 du/1 ac or 12% built upon area
Up to 70% built upon area for all residential
uses other than single family provided
minimize built upon surface area, direct
stormwater runoff away from surface waters
and incorporate best management practices to
minimize water quality impacts in 10% of the
watershed.
(amended 5/6/2002)
Up to 24% built upon area.
Up to 70% built upon area provided minimize
built upon surface area, direct stormwater runoff
away from surface waters and incorporate best
management practices to minimize water quality
impacts in 10% of the watershed.
(amended 5/6/2002)
Flat-Bw 1 du/.5 ac or 24% built upon area.
Up to 70% built upon area for all residential
uses other than single family provided
minimize built upon surface area, direct
stormwater runoff away from surface waters
and incorporate best management practices to
minimize water quality impacts in 10% of the
watershed.
(amended 5/6/2002)
Up to 24% built upon area.
Up to 70% built upon area provided minimize
built upon surface area, direct stormwater runoff
away from surface waters and incorporate best
management practices to minimize water quality
impacts in 10% of the watershed. (amended
5/6/2002)
Tar-Pa 1 du/.5 ac or 24% built upon area.* 1 du/.33 ac
or 36% built upon area allowed for projects
without curb/ gutter*.
Up to 24% built upon area*.
Up to 36% built upon area for project without
curb & gutter.
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PERSON COUNTY PLANNING ORDINANCE
Only new development activities that require an erosion and sedimentation plan under state law are required to
meet the provisions of this ordinance when located in wsiv watershed.
∗∗ refer to article vii, table 75-table of dimensional requirements and this ordinance.
(Amended 11/3/97; 5/6/2002)
30-7 Cluster Residential Development(Amended 02/15/2010)
Cluster residential developments are permitted on a project by project basis in compliance with
the Subdivision Regulations of Person County provided that:
1.Project Density.
Overall project density does not exceed the requirements stated in this ordinance.
2. Minimum Lot Requirement.
Lots meet minimum requirements stated in this ordinance
3.Open Space.
The remainder of the tract shall remain in a vegetated or natural state. The owner or
developer shall provide, through legally enforceable means, for the perpetual preservation
of land as open space. Such mechanism shall be approved by the Zoning Administrator
and may include, but shall not be limited to the recording of restrictive covenants or deeding
of open space to the property owners' association. (Amended 11/3/97)
30-8 Buffer Areas
Buffers adjacent to perennial waters and public supply impoundments shall be provided as
follows:
1.Perennial Waters.
A minimum of a fifty (50) foot vegetative buffer, unless otherwise stated in this ordinance,
shall be provided along all perennial streams and waters, as shown on the most recent
version of U.S.G.S. 1:24,000 (7.5) scale topographic maps. The buffer shall be measured,
as applicable, from either the edge of both sides of the steam or landward from the normal
pool elevation of the perennial water. Projects that exceed the allowed built upon area shall
provide a one hundred (100) foot vegetative buffer along perennial waters.
Plats to contain the following language: “Written authorization from the North Carolina
Division of Water Quality may be required for activities that are proposed to occur within
the fifty-foot Neuse River Riparian buffer. Local program approvals do not authorize
activities within the riparian buffer”.
Whenever conflicts exist between Federal, State or Local laws, ordinance or rules, the more
restrictive provision shall apply. (Amended 2/15/2010)
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PERSON COUNTY PLANNING ORDINANCE
2. Public Water Supply Impoundments.
A minimum fifty (50) foot buffer, as measured from the normal pool elevation, is required
for all public water supply impoundments.
3. Development within the Buffer area.
No new development is allowed within the buffer. Water dependent structures, other
structures, such as flag poles, signs and security lights which result in only diminutive
increase in impervious area and public projects such as road crossing and greenways may
be allowed where no practical alternative exists. These activities should minimize built
upon surface area, divert runoff away from surface waters and maximize the utilization of
BMP's. (Amended 11/3/97)
30-9 Waste Water and Sewage Disposal
All residential, commercial, and industrial waste water and sewage disposal shall be governed
by applicable NC General Statues.
30-10 Activities Within Watershed Protection Overlay Districts
All activities within a water supply watershed shall comply with North Carolina Rules
Governing Public Water Supplies, 15A NCAC 18B .1100, .1200 and .1500.
30-11 Watershed Protection Overlay District Boundary Intrepretation
Where uncertainty exists as to the location of a Watershed Protection Overlay District
Boundary, interpretations shall be made in accordance to the Planning Ordinance. (Amended
11/3/97)
30-12 Best Management Practices (BMP) Required
.DISTRICT LAND USE
Storys-Ca
Hyco-Ca Agricultural1 , Forestry2 , Transportation3
Storys-Bw
Hyco-Bw
Knap-Bw
Little-Bw
Flat-Bw
Tar-Pa
Forestry2, Transportation3
1agricultural activities are subject to the provisions of the Food Security Act of 1985 and the Food,
Agriculture, Conservation and Trade Act of 1990. In critical areas, agricultural activities must maintain a
10' vegetated buffer or equivalent control, and animal operations over 100 animal units must be bmp' s as
determined by the Soil And Water Conservation Commission
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PERSON COUNTY PLANNING ORDINANCE
2silviculture activities are subject to the provisions of the forest practices guidelines regulated to water
quality (15a ncac 1i.0101-.0209) as NC Division of Forest Resources and existing environmental
management commission rules administered by the N.C. Division Of Water Quality. (amended 11/3/97)
3the department of transportation must use bmp's as described in their document 'best management practices
for the protection of surface waters' and in compliance with the Sedimentation Pollution Control Act of
1973.
30-13 Administration
1. Appeals
Decisions of the Zoning Administrator in the implementation of this ordinance may be
appealed to the Person County Board of Adjustment in accordance with this Ordinance.
2. Variances (Amended 11/3/97, 8/4/25)
a) A request for a Minor Variance from the State Watershed Protection Rules shall be
reviewed by the Person County Board of Adjustment in accordance with this Ordinance.
i. In addition to the notification requirements stated in this Ordinance, the Zoning
Administrator shall notify in writing each local government having jurisdiction
in the watershed of the proposed minor variance. Said notice to include a
description of the variance being requested.
ii. Local governments receiving notice of the variance request may submit
comments to the Zoning Administrator prior to a decision by the Person County
Board of Adjustment.
iii. Before the Board of Adjustment may grant a minor variance, it shall make the
findings of fact required in this ordinance.
iv. In accordance with this Ordinance, the Board of Adjustment may prescribe
appropriate conditions and safeguards to ensure that substantial justice has been
done and that the public safety and welfare has been assured.
v. Every decision of the Board of Adjustment shall be subject to review by the
Superior Court of Person County as stated in this Ordinance.
vi. Records of minor variance shall be forwarded to the Division of Water Quality
for each calendar year, on or before January 1st of the following year.
b) A request for a Major Variance from the State Watershed Protection Rules shall be
reviewed by the Board of Adjustment in the same manner as a minor variance; and the
request shall be referred to the North Carolina Environmental Management Commission
in accordance with the following procedures:
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PERSON COUNTY PLANNING ORDINANCE
i. If the Board of Adjustment decides in favor of granting the major variance, the
secretary to the Board of Adjustment shall prepare a preliminary record of the
hearing with all deliberate speed and send to the Environmental Management
Commission. The preliminary record of the hearing shall include: the variance
application; the hearing notices; the evidence presented, motions, offers of
proof, objections to evidence, and rulings on them; proposed findings and
exceptions; the proposed decision, including all proposed conditions.
ii. If the Environmental Management Commission approves the major variance as
proposed, approves the major variance with additional conditions, or denies the
major variance, the Commission shall prepare a decision and send it to the Board
of Adjustment.
iii. The Board of Adjustment shall prepare a final decision in accordance with the
Environmental Management Commission’s decision.
30-14 Density Averaging
(added 8/4/03)
Density averaging involves the use of two noncontiguous parcels and is based on the idea that
the development plans for a pair of parcels can be submitted together and treated as a single
project for purposes of these regulations. The amount of development allowed for the paired
parcels taken together cannot exceed the amount of development that would be allowed if the
parcels were developed separately.
1. A Special Use Permit shall be obtained from the Board of Commissioners sitting as the
Watershed Review Board to ensure that both parcels considered together meet the standards
of the ordinance and that potential buyers have notice of how the watershed regulations
were applied to the parcel pair. Only buyers of both of the paired parcels may submit the
application for Special Use Permit. A site plan for both parcels must be submitted and
approved as part of the Special Use Permit. If such a permit is granted, no change in the
development proposal authorized for either parcel shall be made unless the permit is
amended. Upon issuance of such permit, one copy will be forwarded to the Local
Government Assistance Unit of the Division of Water Quality. Included with the Special
Use Permit will be a site plan, registered plats for both properties, a description of both
properties and documentation reflecting the development restrictions to the parcel pair that
will remain undeveloped.
2. Parcel pairs being submitted for approval under this provision shall be submitted for
development approval as a single unitary proposal.
3. Sufficient information shall be submitted so that it may be determined that overall density
of the paired parcel averaged density development, calculated either by dwelling units per
acre or built-upon area, shall not exceed the density that would be allowed if the parcels
were developed separately. The parcel pair shall be preferably in the same drainage area of
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PERSON COUNTY PLANNING ORDINANCE
the watershed. Parcels to be used in pairs may be located in the Balance of Watershed,
Protected or Critical Areas. However, if one of the parcels is located in the Balance of
Watershed or Critical Area and one is located in the Protected area, the Critical Area parcel
shall not be developed. Density Averaging is not allowed between two parcels when both
are in the Critical Area.
4. Buffers shall at a minimum meet the appropriate minimum statewide water supply
watershed protection requirements on both parcels in the parcel pair according to the density
of development occurring on each parcel.
5. Sufficient information shall be submitted so that it may be demonstrated that the parcels are
designed to:
a) Minimize stormwater runoff impact to the receiving waters by minimizing concentrated
stormwater flow
b) Maximize the use of sheet flow through vegetated areas
c) Minimize impervious surface areas
d) Locate development away from surface waters and drainage ways to the maximum
extent practicable; and
e) Convey stormwater from developed areas by vegetated swales to the maximum extent
practical.
6. The undeveloped parcel(s) or portion(s) thereof shall remain in a vegetated or natural
condition and shall be placed in a permanent conservation easement granted under G.S. 121-
35 to the County, a land conservation organization or other entity capable of providing for
the ongoing maintenance of the undeveloped property.
7. Applicants shall agree to bind themselves and their successors in title, individually and
collectively, to maintain the pattern of development proposed for so long as the
requirements of this section are applicable. Parties to enforcement of such agreement shall
include Person County. No such agreement shall be accepted without approval of the
County Attorney as to the legal sufficiency of the documents involved.
8. Undeveloped land areas proposed for incorporation into the density or impervious coverage
area calculations shall meet the following criteria:
a) Projects in the Balance of Watershed or Protected Area may incorporate undeveloped
land elsewhere in the Balance of Watershed, Protected Area or Critical Area. The
amount of additional undeveloped acreage required shall be determined by dividing the
appropriate density or impervious coverage area factor into the number of dwelling units
or impervious coverage area in excess of the amount permitted on the project site by
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PERSON COUNTY PLANNING ORDINANCE
these regulations to determine the amount of other land to be reserved as undeveloped
so that the overall density or intensity of the project shall not exceed the density or
intensity that would be allowed if the parcels were developed separately.
b) (Deleted 08/04/2003)
c) Undeveloped land included to meet the requirements of one project shall not be included
as meeting the requirement of any existing or proposed project nor shall any land
included in a parcel pair for which a watershed variance has been granted or would be
required.
d) The preservation of undeveloped floodplain land, steep slopes, or other environmentally
sensitive lands within the Critical Area for this purpose is encouraged. All such land
shall be properly vegetated.
9. The Planning Board sitting as the Watershed Review Board shall make written findings
supported by appropriate calculations and documentation that the plan as a whole conforms
to the intent and requirements of this section, and that the proposed agreement assures
protection of the public interest and achievement of the objectives of this section.
10. At the time of the issuance of the Zoning Permit, the Special Use Permit and conservation
easement, shall be caused to be recorded by the Planning Director in the office of the
Register of Deeds and filed with the offices of the Planning Director, Building Inspector
and the City Clerk. Notations shall be made by the Planning Director on the official Zoning
Map and the approved development plans and or plats for future guidance in administration
and as a public record.
11. The pattern of development and the agreement between the owners shall not be changed
except by the issuance of a new or amended Special Use Permit in the manner herein
established.
30-15 Definitions:
Developed Parcel
Any parcel of a parcel pair that, under any approval granted under this part, may be developed
to a development density or intensity that exceeds the maximum development density or
intensity that would apply to the parcel if the paired-parcel averaged-density development
option were not available.
Paired Parcel Averaged Density Development
A development proposal that includes a parcel pair meeting the development standards of this
Section and that qualifies for local development approval under the density averaging provision
of this ordinance.
Undeveloped Parcel
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PERSON COUNTY PLANNING ORDINANCE
The parcel in a parcel pair that is not developed. (added 8/4/2003)
SECTION 31 – FALLS WATERSHED STORMWATER ORDINANCE
General Provision (Added July 15, 2012; Amended 5/3/21)
31-1 Title
This ordinance shall be officially known as “The Falls Watershed Stormwater Ordinance for
New Development.” It is referred to herein as “this ordinance.”
31-2 Authority
The Person County Board of County Commissioners is authorized to adopt this ordinance
pursuant to North Carolina law, including but not limited to Article 14, Section 5 of the
Constitution of North Carolina; North Carolina General Statutes Chapter 143-214.7 and rules
promulgated by the Environmental Management Commission thereunder; Chapter 143-215.6A;
Chapter 160D-925;Chapter 160A, §§ 174and 185 and Chapter 143, Article 21, Part 6
(Floodway Regulation); [Chapter 143-214.5, Water Supply Watershed Protection]; [Chapter
160D Planning and Regulation of Development (Rev. 5/321).
31-3 Findings
It is hereby determined that:
Development and redevelopment alter the hydrologic response of local watersheds and
increases stormwater runoff rates and volumes, flooding, soil erosion, stream channel erosion,
nonpoint and point source pollution, and sediment transport and deposition, as well as reducing
groundwater recharge;
These changes in stormwater runoff contribute to increased quantities of water-borne pollutants
and alterations in hydrology that are harmful to public health and safety as well as to the natural
environment; and, these effects can be managed and minimized by applying proper design and
well-planned controls to manage stormwater runoff from development sites.
Further, the Commission has identified Falls of Neuse reservoir, a water supply reservoir, as
nutrient sensitive waters; has identified all or a portion of the reservoir as impaired waters under
the federal Clean Water Act due to exceedances of the chlorophyll a standard; and has
promulgated rules (the “Falls Rules”) to reduce the average annual loads of nitrogen and
phosphorus delivered to Falls Reservoir from all point and nonpoint sources of these nutrients
located within its watershed, including stormwater from new development in this jurisdiction;
Therefore, the Person County Board of County Commissioner’s establishes this set of water
quality and quantity regulations to meet the requirements of state and federal law regarding
control of stormwater runoff and discharge for development.
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PERSON COUNTY PLANNING ORDINANCE
31-4 Purpose
The purpose of this ordinance is to protect, maintain and enhance the public health, safety,
environment and general welfare by establishing minimum requirements and procedures to
control the adverse effects of nitrogen and phosphorus in stormwater runoff and nonpoint and
point source pollution associated with new development and redevelopment in the watershed
of Falls of Neuse reservoir. It has been determined that proper management of construction-
related and post-development stormwater runoff will minimize damage to public and private
property and infrastructure; safeguard the public health, safety, and general welfare; and protect
water and aquatic resources.
This ordinance seeks to meet its general purpose through the following specific objectives and
means:
1. Establishing decision-making processes for development that protects the integrity of
watersheds and preserve the health of water resources;
2. Requiring that new development and redevelopment maintain the pre-development
hydrologic response in their post-development state for the applicable design storm to
reduce flooding, streambank erosion, nonpoint and point source pollution and increases in
stream temperature, and to maintain the integrity of stream channels and aquatic habitats;
3. Establishing minimum post-development stormwater management standards and design
criteria for the regulation and control of stormwater runoff quantity and quality;
4. Establishing design and review criteria for the construction, function, and use of structural
stormwater BMPs that may be used to meet the minimum post-development stormwater
management standards;
5. Encouraging the use of better management and site design practices, such as the use of
vegetated conveyances for stormwater and the preservation of greenspace, riparian buffers
and other conservation areas to the maximum extent practicable;
6. Establishing provisions for the long-term responsibility for and maintenance of structural
and nonstructural stormwater BMPs to ensure that they continue to function as designed,
are maintained appropriately, and pose no threat to public safety;
7. Establishing administrative procedures for the submission, review, approval and
disapproval of stormwater management plans, for the inspection of approved projects, and
to assure appropriate long-term maintenance.
31-5 Applicability and Jurisdiction
1. General
Beginning with and subsequent to its effective date, this ordinance shall be applicable to all
development and redevelopment, including, but not limited to, site plan applications,
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PERSON COUNTY PLANNING ORDINANCE
subdivision applications, and grading applications, unless exempt pursuant to this
ordinance.
2. Exemptions
Single-family and duplex residential and recreational development and redevelopment that
cumulatively disturbs less than one-half acre and is not part of a larger common plan of
development or sale is exempt from the provisions of this ordinance Commercial, industrial,
institutional, multifamily residential or local government development and redevelopment
that cumulatively disturbs less than 12,000 square feet and is not part of a larger common
plan of development or sale is exempt from the provisions of this ordinance.
3. Development and redevelopment that disturbs less than the above thresholds are not exempt
if such activities are part of a larger common plan of development or sale and the larger
common plan exceeds the relevant threshold, even though multiple, separate or distinct
activities take place at different times on different schedules.
Development that is exempt from permit requirements of Section 404 of the federal Clean
Water Act as specified in 40 CFR 232 (primarily, ongoing farming and forestry activities)
are exempt from the provisions of this ordinance.
4. No Development or Redevelopment Until Compliance and Permit
No development or redevelopment shall occur except in compliance with the provisions of
this ordinance or unless exempted. No development or redevelopment for which a permit is
required pursuant to this ordinance shall occur except in compliance with the provisions,
conditions, and limitations of the permit.
5. Map
The provisions of this ordinance shall apply within the areas designated on the map titled
"Falls Watershed Stormwater Map of Person County, North Carolina" ("the Stormwater
Map"), which is adopted simultaneously herewith. The Stormwater Map and all explanatory
matter contained thereon accompanies and is hereby made a part of this ordinance. 3
The Stormwater Map shall be kept on file by the Stormwater Administrator and shall be
updated to take into account changes in the land area covered by this ordinance and the
geographic location of all engineered stormwater controls permitted under this ordinance.
In the event of a dispute, the applicability of this ordinance to a particular area of land or
BMP shall be determined by reference to the North Carolina Statutes, the North Carolina
Administrative Code, and local zoning and jurisdictional boundary ordinances.
31-6 Intrepretation
1. Meaning and Intent
All provisions, terms, phrases, and expressions contained in this ordinance shall be
construed according to the general and specific purposes set forth in Section 104, Purpose.
If a different or more specific meaning is given for a term defined elsewhere in Person
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PERSON COUNTY PLANNING ORDINANCE
County Planning Ordinance, the meaning and application of the term in this ordinance shall
control for purposes of application of this ordinance.
2. Text Controls in Event of Conflict
In the event of a conflict or inconsistency between the text of this ordinance and any
heading, caption, figure, illustration, table, or map, the text shall control.
3. Authority for Interpretation
The Stormwater Administrator has authority to determine the Interpretation of this
ordinance. Any person may request an interpretation by submitting a written request to the
Stormwater Administrator, who shall respond in writing within 30 days. The Stormwater
Administrator shall keep on file a record of all written interpretations of this ordinance.
4. References to Statutes, Regulations, and Documents
Whenever reference is made to a resolution, ordinance, statute, regulation, manual
(including the Design Manual), or document, it shall be construed as a reference to the most
recent edition of such that has been finalized and published with due provision for notice
and comment, unless otherwise specifically stated.
5. Computation of Time
The time in which an act is to be done shall be computed by excluding the first day and
including the last day. If a deadline or required date of action falls on a Saturday, Sunday,
or holiday observed by Person County, the deadline or required date of action shall be the
next day that is not a Saturday, Sunday or holiday observed by Person County. References
to days are calendar days unless otherwise stated.
6. Delegation of Authority
Any act authorized by this Ordinance to be carried out by the Stormwater Administrator of
Person County may be carried out by his or her designee.
7. Usage
Mandatory and Discretionary Terms
a) The words “shall,” “must,” and “will” are mandatory in nature, establishing an
obligation or duty to comply with the particular provision. The words “may” and
“should” are permissive in nature.
b) Conjunctions
Unless the context clearly indicates the contrary, conjunctions shall be interpreted as
follows: The word “and” indicates that all connected items, conditions, provisions and
events apply. The word “or” indicates that one or more of the connected items,
conditions, provisions or events apply.
c) Tense, Plurals, and Gender
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PERSON COUNTY PLANNING ORDINANCE
Words used in the present tense include the future tense. Words used in the singular
number include the plural number and the plural number includes the singular number,
unless the context of the particular usage clearly indicates otherwise. Words used in the
masculine gender include the feminine gender, and vice versa.
8. Measurement and Computation
Lot area refers to the amount of horizontal land area contained inside the lot lines of a lot or
site.
31-7 Design Manual
1. Reference to Design Manual
The Stormwater Administrator shall use the policy, criteria, and information, including
technical specifications and standards, in the Design Manual as the basis for decisions about
stormwater permits and about the design, implementation and performance of engineered
stormwater controls and other practices for compliance with this ordinance.
The Design Manual includes a list of acceptable stormwater treatment practices, including
specific design criteria for each stormwater practice. Stormwater treatment practices that
are designed, constructed, and maintained in accordance with these design and sizing
criteria will be presumed to meet the minimum water quality performance standards of the
Falls Rules.
2. Relationship of Design Manual to Other Laws and Regulations
If the specifications or guidelines of the Design Manual are more restrictive or apply a
higher standard than other laws or regulations, that fact shall not prevent application of the
specifications or guidelines in the Design Manual.
3. Changes to Standards and Specifications
If the standards, specifications, guidelines, policies, criteria, or other information in the
Design Manual are amended subsequent to the submittal of an application for approval
pursuant to this ordinance but prior to approval, the new information shall control and shall
be utilized in reviewing the application and in implementing this ordinance with regard to
the application.
31-8 Relationship to other laws, regulations and private agreements
1. Conflict of Laws
This ordinance is not intended to modify or repeal any other ordinance, rule, regulation or
other provision of law. The requirements of this ordinance are in addition to the
requirements of any other ordinance, rule, regulation or other provision of law. Where any
provision of this ordinance imposes restrictions different from those imposed by any other
ordinance, rule, regulation or other provision of law, whichever provision is more restrictive
or imposes higher protective standards for human or environmental health, safety, and
welfare shall control.
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PERSON COUNTY PLANNING ORDINANCE
2. Private Agreements
This ordinance is not intended to revoke or repeal any easement, covenant, or other private
agreement. However, where the regulations of this ordinance are more restrictive or impose
higher standards or requirements than such an easement, covenant, or other private
agreement, the requirements of this ordinance shall govern. Nothing in this ordinance shall
modify or repeal any private covenant or deed restriction, but such covenant or restriction
shall not legitimize any failure to comply with this ordinance. In no case shall Person County
be obligated to enforce the provisions of any easements, covenants, or agreements between
private parties.
31-9 Severability
If the provisions of any section, subsection, paragraph, subdivision or clause of this ordinance
shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or
invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this
ordinance.
31-10 Effective Date and Transtional Provisions
1. Effective Date
This Ordinance shall take effect on July 15, 2012.
2. Final Approvals, Complete Applications
All development and redevelopment projects for which complete and full applications were
submitted and approved by Person County prior to the effective date of this ordinance and
which remain valid, unexpired, unrevoked and not otherwise terminated at the time of
development shall be exempt from complying with all provisions of this ordinance dealing
with the control and/or management of stormwater.
A site specific vesting plan (formerly phased development plan shall be deemed approved
prior to the effective date of this ordinance if it has been approved by all necessary
government units, it remains valid, unexpired, unrevoked and not otherwise terminated, and
it shows:
a) For the initial or first phase of development or redevelopment, the type and intensity of
use for a specific parcel or parcels, including at a minimum, the boundaries of the project
and a subdivision plan that has been approved.
b) For any subsequent phase of development or redevelopment, sufficient detail so that
implementation of the requirements of this ordinance to that phase of development
would require a material change in that phase of the plan.
3. Violations Continue
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PERSON COUNTY PLANNING ORDINANCE
Any violation of provisions existing on the effective date of this ordinance shall continue to
be a violation under this ordinance and be subject to penalties and enforcement under this
ordinance unless the use, development, construction, or other activity complies with the
provisions of this ordinance.
31-11 Administration and Procedures
Review and Decision-Making Entities
1. Stormwater Administrator
a) Designation
A Stormwater Administrator shall be designated by Person County Board of County
Commissioners to administer and enforce this ordinance.
b) Powers and Duties
In addition to the powers and duties that may be conferred by other provisions of Person
County and other laws, the Stormwater Administrator shall have the following powers
and duties under this ordinance:
To review and approve, approve with conditions, or disapprove applications for
approval of plans pursuant to this ordinance.
To make determinations and render interpretations of this ordinance.
To establish application requirements and schedules for submittal and review of
applications and appeals, to review and make recommendations to the Person County
Board of County Commissioners on applications for development or redevelopment
approvals.
To enforce the provisions of this ordinance in accordance with its enforcement
provisions.
To maintain records, maps, forms and other official materials as relate to the adoption,
amendment, enforcement, and administration of this ordinance.
To provide expertise and technical assistance to the Person County Board of County
Commissioners and the Person County Board of Adjustment upon request.
To designate appropriate other person(s) who shall carry out the powers and duties of
the Stormwater Administrator.
To take any other action necessary to administer the provisions of this ordinance.
Review Procedures
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PERSON COUNTY PLANNING ORDINANCE
1. Permit Required; Must Apply for Permit
A stormwater permit is required for all development and redevelopment unless exempt
pursuant to this ordinance. A permit may only be issued subsequent to a properly submitted
and reviewed permit application, pursuant to this section.
2. Effect of Permit
A stormwater permit shall govern the design, installation, and construction of stormwater
management and control practices on the site, including engineered stormwater controls
and elements of site design for stormwater management other than engineered stormwater
controls.
The permit is intended to provide a mechanism for the review, approval, and inspection of
the approach to be used for the management and control of stormwater for the development
or redevelopment site consistent with the requirements of this ordinance, whether the
approach consists of engineered stormwater controls or other techniques such as low-
impact or low-density design. The permit does not continue in existence indefinitely after
the completion of the project; rather, compliance after project construction is assured by the
maintenance provisions of this ordinance.
3. Authority to File Applications
All applications required pursuant to this Code shall be submitted to the Stormwater
Administrator by the land owner or the land owner’s duly authorized agent.
4. Establishment of Application Requirements, Schedule, and Fees
a) Application Contents and Form
The Stormwater Administrator shall establish requirements for the content and form of
all applications and shall amend and update those requirements from time to time. At a
minimum, the stormwater permit application shall describe in detail how post-
development stormwater runoff will be controlled and managed, the design of all
stormwater facilities and practices, and how the proposed project will meet the
requirements of this ordinance.
b) Submission Schedule
The Stormwater Administrator shall establish a submission schedule for applications.
The schedule shall establish deadlines by which complete applications must be
submitted for the purpose of ensuring that there is adequate time to review applications,
and that the various stages in the review process are accommodated.
c) Permit Review Fees
The Person County Board of County Commissioners shall establish permit review fees
as well as policies regarding refund of any fees upon withdrawal of an application, and
may amend and update the fees and policies from time to time.
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PERSON COUNTY PLANNING ORDINANCE
d) Administrative Manual
For applications required under this Code, the Stormwater Administrator shall compile
the application requirements, submission schedule, fee schedule, a copy of this
ordinance, and information on how and where to obtain the Design Manual in an
Administrative Manual, which shall be made available to the public.
5. Submittal of Complete Application
Applications shall be submitted to the Stormwater Administrator pursuant to the application
submittal schedule in the form established by the Stormwater Administrator, along with the
appropriate fee established pursuant to this section.
An application shall be considered as timely submitted only when it contains all elements
of a complete application pursuant to this ordinance, along with the appropriate fee. If the
Stormwater Administrator finds that an application is incomplete, the applicant shall be
notified of the deficient elements and shall be provided with an opportunity to submit a
complete application. However, the submittal of an incomplete application shall not suffice
to meet a deadline contained in the submission schedule established above.
6. Review
The Stormwater Administrator shall review the application and determine whether the
application complies with the standards of this ordinance.]
a) Approval
If the Stormwater Administrator finds that the application complies with the standards
of this ordinance, the Stormwater Administrator shall approve the application. The
Stormwater Administrator may impose conditions of approval as needed to ensure
compliance with this ordinance. The conditions shall be included as part of the approval.
b) Fails to Comply
If the Stormwater Administrator finds that the application fails to comply with the
standards of this ordinance, the Stormwater Administrator shall notify the applicant and
shall indicate how the application fails to comply. The applicant shall have an
opportunity to submit a revised application.
c) Revision and Subsequent Review
A complete revised application shall be reviewed by the Stormwater Administrator after
its re-submittal and shall be approved, approved with conditions or disapproved.
If a revised application is not re-submitted within thirty (30) calendar days from the date
the applicant was notified, the application shall be considered withdrawn, and a new
submittal for the same or substantially the same project shall be required along with the
appropriate fee for a new submittal.
One re-submittal of a revised application may be submitted without payment of an
additional permit review fee. Any re-submittal after the first re-submittal shall be
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PERSON COUNTY PLANNING ORDINANCE
accompanied by a permit review fee additional fee, as established pursuant to this
ordinance.
Applications for Approval
1. Concept Plan and Consultation Meeting
Before a stormwater management permit application is deemed complete, the Stormwater
Administrator or developer may request a consultation on a concept plan for the post-
construction stormwater management system to be utilized in the proposed development
project. This consultation meeting should take place at the time of the preliminary plan of
subdivision or other early step in the development process. The purpose of this meeting is
to discuss the stormwater management measures necessary for the proposed project, as well
as to discuss and assess constraints, opportunities and potential approaches to stormwater
management designs before formal site design engineering is commenced. Local watershed
plans, and other relevant resource protection plans should be consulted in the discussion of
the concept plan.
To accomplish this goal, the following information should be included in the concept plan,
which should be submitted in advance of the meeting:
a) Existing Conditions / Proposed Site Plans
Existing conditions and proposed site layout sketch plans, which illustrate at a
minimum: existing and proposed topography; perennial and intermittent streams;
mapping of predominant soils from soil surveys (if available); stream and other buffers
and features used in designing buffers and meeting any applicable buffer requirements;
boundaries of existing predominant vegetation; proposed limits of clearing and grading;
and location of existing and proposed roads, buildings, parking areas and other
impervious surfaces.
b) Natural Resources Inventory
A written or graphic inventory of natural resources at the site and surrounding area as it
exists prior to the commencement of the project. This description should include a
discussion of soil conditions, forest cover, geologic features, topography, wetlands, and
native vegetative areas on the site, as well as the location and boundaries of other natural
feature protection and conservation areas such as lakes, ponds, floodplains, stream
buffers and other setbacks (e.g., drinking water well setbacks, septic setbacks, etc.).
Particular attention should be paid to environmentally sensitive features that provide
particular opportunities or constraints for development and stormwater management.
c) Stormwater Management System Concept Plan
A written or graphic concept plan of the proposed post-development stormwater
management system including: preliminary selection and location of proposed
engineered stormwater controls; low-impact design elements; location of existing and
proposed conveyance systems such as grass channels, swales, and storm drains; flow
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PERSON COUNTY PLANNING ORDINANCE
paths; location of floodplain/floodway limits; relationship of site to upstream and
downstream properties and drainages; and preliminary location of any proposed stream
channel modifications, such as bridge or culvert crossings.
d) Stormwater Management Permit Application
The stormwater management permit application shall detail how post-development
stormwater runoff will be controlled and managed and how the proposed project will
meet the requirements of this ordinance, including Section 3, Standards. All such plans
shall be prepared by a qualified registered North Carolina professional engineer,
surveyor, soil scientist or landscape architect, and the engineer, surveyor, soil scientist or
landscape architect shall perform services only in their area of competence, and shall
verify that the design of all stormwater management facilities and practices meets the
submittal requirements for complete applications, that the designs and plans are sufficient
to comply with applicable standards and policies found in the Design Manual, and that
the designs and plans ensure compliance with this ordinance.
The submittal shall include all of the information required in the submittal checklist
established by the Stormwater Administrator. Incomplete submittals shall be treated
pursuant to Section 31-202(D).
2. As-Built Plans and Final Approval
Upon completion of a project, and before a certificate of occupancy shall be granted, the
applicant shall certify that the completed project is in accordance with the approved
stormwater management plans and designs, and shall submit actual “as-built” plans for all
stormwater management facilities or practices after final construction is completed.
The plans shall show the final design specifications for all stormwater management facilities
and practices and the field location, size, depth, and planted vegetation of all measures,
controls, and devices, as installed. The designer of the stormwater management measures
and plans shall certify, under seal, that the as-built stormwater measures, controls, and
devices are in compliance with the approved stormwater management plans and designs and
with the requirements of this ordinance. A final inspection and approval by the Stormwater
Administrator shall occur before the release of any performance securities.
Other Permits
No certificate of compliance or occupancy shall be issued by the Person County Department
of Inspections without final as-built plans and a final inspection and approval by the
Stormwater Administrator, except where multiple units are served by the stormwater
practice or facilities, in which case the Person County Building Inspections Department may
elect to withhold a percentage of permits or certificates of occupancy until as-built plans are
submitted and final inspection and approval has occurred.
Approvals
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PERSON COUNTY PLANNING ORDINANCE
1. Effect of Approval
Approval authorizes the applicant to go forward with only the specific plans and activities
authorized in the permit. The approval shall not be construed to exempt the applicant from
obtaining other applicable approvals from local, state, and federal authorities.
2. Time Limit/Expiration
An approved plan shall become null and void if the applicant fails to make substantial
progress on the site within one year after the date of approval. The Stormwater
Administrator may grant a single, one-year extension of this time limit, for good cause
shown, upon receiving a written request from the applicant before the expiration of the
approved plan.
In granting an extension, the Stormwater Administrator may require compliance with
standards adopted since the original application was submitted unless there has been
substantial reliance on the original permit and the change in standards would infringe the
applicant’s vested rights.
Appeals
1. Right of Appeal
Any aggrieved person affected by any decision, order, requirement, or determination
relating to the interpretation or application of this ordinance made by the Stormwater
Administrator, may file an appeal to the Board of Adjustment within 30 days. Appeals of
variance requests shall be made as provided in the section on Variances. In the case of
requests for review of proposed civil penalties for violations of this ordinance, the Board of
Adjustment shall make a final decision on the request for review within 90 days of receipt
of the date the request for review is filed.
31-12 Standards
General Standards
All development and redevelopment to which this ordinance applies shall comply with the
standards of this section. The approval of the stormwater permit shall require an enforceable
restriction on property usage that runs with the land, such as a recorded deed restriction or
protective covenants, to ensure that future development and redevelopment maintains the site
consistent with the approved project plans.
Notrogen and Phosphorus Loading
Nitrogen and phosphorus loads contributed by the proposed new development shall not exceed
the following unit-area mass loading rates: 2.2 and 0.33 pounds per acre per year for nitrogen
and phosphorus, respectively.
Notwithstanding 15A NCAC 2B.104 (q), redevelopment subject to this ordinance that would
replace or expand existing structures or improvements and would result in a net increase in
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PERSON COUNTY PLANNING ORDINANCE
built-upon area shall have the option of either meeting the loading standards identified in
subsection (a) or meeting a loading rate that achieves the following nutrient loads compared to
the existing development: 40 percent and 77 percent reduction for nitrogen and phosphorus,
respectively.
The developer shall determine the need for engineered stormwater controls to meet these
loading rate targets by using the approved accounting tool.
Nitrogen and Phosphorus Standard is Supplemental
The nitrogen and phosphorus loading standards in this ordinance are supplemental to, not
replacements for, stormwater standards otherwise required by federal, state or local law,
including without limitation any riparian buffer requirements applicable to the location of the
development. This includes, without limitation, the riparian buffer protection requirements of
15A NCAC 2B.0233 and .0242.
Control and Treatment of Runoff Volume
Stormwater systems shall be designed to control and treat the runoff generated from all surfaces
by one inch of rainfall. The treatment volume shall be drawn down pursuant to standards
specific to each practice as provided in the Design Manual. To ensure that the integrity and
nutrient processing functions of receiving waters and associated riparian buffers are not
compromised by erosive flows, stormwater flows from the development shall not contribute to
degradation of waters of the State. At a minimum, the development shall not result in a net
increase in peak flow leaving the site from pre-development conditions for the one-year, 24-
hour storm event.
Partial Offset of Nutrient Control Requirements
Development subject to this ordinance shall attain nitrogen and phosphorus loading rate
reductions on-site that meet the following criteria prior to using an offsite offset measure:
30 percent or more reduction in both nitrogen and phosphorus loading from the untreated
conditions for any single-family, detached and duplex residential development disturbing one
half acre but less than one acre.
50 percent or more reduction in both nitrogen and phosphorus loading from the untreated
conditions for any single-family, detached and duplex residential development disturbing more
than one acre.
30 percent or more reduction in both nitrogen and phosphorus loading from the untreated
condition for other development, including multi-family residential, commercial and industrial
development disturbing 12,000 square feet but less than one acre.
50 percent or more reduction in both nitrogen and phosphorus loading from the untreated
condition for other development, including multi-family residential, commercial and industrial
development disturbing more than one acre.
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PERSON COUNTY PLANNING ORDINANCE
A developer subject to this ordinance may achieve the additional reductions in nitrogen and
phosphorus loading required by this ordinance by making offset payments to the NC Ecosystem
Enhancement Program contingent upon acceptance of payments by that Program. A developer
may use an offset option provided by (the local government in which the development activity
occurs). A developer may propose other offset measures to Person County, including providing
his or her own offsite offset or utilizing a private seller. All offset measures permitted by this
ordinance shall meet the requirements of 15A NCAC 02B .0282 and 15A NCAC 02B .0240.
Evaluation of Standards for Stormwater Control Measures
1. Evaluation According to Contents of Design Manual
All stormwater control measures, stormwater systems and stormwater treatment practices
(also referred to as Best Management Practices, or BMPs) required under this ordinance
shall be evaluated by the Stormwater Administrator according to the policies, criteria, and
information, including technical specifications and standards and the specific design criteria
for each stormwater practice, in the Design Manual. The Stormwater Administrator shall
determine whether proposed BMPs will be adequate to meet the requirements of this
ordinance.
2. Determination of Adequacy; Presumptions and Alternatives
Stormwater treatment practices that are designed, constructed, and maintained in
accordance with the criteria and specifications in the Design Manual and the approved
accounting tool will be presumed to meet the minimum water quality and quantity
performance standards of this ordinance. Whenever an applicant proposes to utilize a
practice or practices not designed and constructed in accordance with the criteria and
specifications in the Design Manual, the applicant shall have the burden of demonstrating
that the practice(s) will satisfy the minimum water quality and quantity performance
standards of this ordinance. The Stormwater Administrator may require the applicant to
provide the documentation, calculations, and examples necessary for the Stormwater
Administrator to determine whether such an affirmative showing is made.
Dedication of BMPS, Facilities & Improvements
Person County may accept dedication of any existing or future stormwater management facility
for maintenance, provided such facility meets all the requirements of this ordinance and
includes adequate and perpetual access and sufficient area, by easement or otherwise, for
inspection and regular maintenance.
Variences
1. Any person may petition Person County for a variance granting permission to use the
person's land in a manner otherwise prohibited by this ordinance. For all proposed major
and minor variances from the requirements of this ordinance, the local Board of Adjustment
shall make findings of fact showing that:
a) there are practical difficulties or unnecessary hardships that prevent compliance with
the strict letter of the ordinance;
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PERSON COUNTY PLANNING ORDINANCE
b) the variance is in harmony with the general purpose and intent of the local watershed
protection ordinance and preserves its spirit; and
c) in granting the variance, the public safety and welfare have been assured and substantial
justice has been done.
2. In the case of a request for a minor variance, Person County Board of Adjustment may vary
or modify any of the regulations or provisions of the ordinance so that the spirit of the
ordinance shall be observed, public safety and welfare secured, and substantial justice done
may impose reasonable and appropriate conditions and safeguards upon any variance it
grants.
3. The Person County Board of Adjustment may attach conditions to the major or minor
variance approval that support the purpose of the local watershed protection ordinance. If
the variance request qualifies as a major variance, and the Person County Board of
Adjustment decides in favor of granting the major variance, the Board shall then prepare a
preliminary record of the hearing and submit it to the Commission for review and approval.
If the Commission approves the major variance or approves with conditions or stipulations
added, then the Commission shall prepare a Commission decision which authorizes Person
County to issue a final decision which would include any conditions or stipulations added
by the Commission. If the Commission denies the major variance, then the Commission shall
prepare a decision to be sent to Person County. Person County shall prepare a final decision
denying the major variance.
4. Appeals from the local government decision on a major or minor variance request are made
on certiorari to the local Superior Court. Appeals from the Commission decision on a major
variance request are made on judicial review to Superior Court.
5. On request of the Stormwater Administrator, any person who petitions Person County for a
variance under this ordinance shall provide notice to the affected local governments of the
variance request as required under the Falls Rule, 15A NCAC 2B.0104(r). For purposes of
this notice requirement, “affected local governments” means any local governments that
withdraw water from Lake Falls or its tributaries downstream of the site of the proposed
variance. If the proposed variance is in a Water Supply Watershed area classified as WS II,
WS III or WS IV, “affected local governments” also includes any other local governments
in the same water supply watershed as the proposed variance. The notice shall provide a
reasonable period for comments and shall direct the comments to be sent to the Stormwater
Administrator. The person petitioning for the variance shall supply proof of notification in
accordance with this ordinance to the Stormwater Administrator.
31-13 Maintenance
General Standards for Maintenance
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PERSON COUNTY PLANNING ORDINANCE
1. Function of BMPs as Intended
The owner of each engineered stormwater control installed pursuant to this ordinance shall
maintain and operate it so as to preserve and continue its function in controlling stormwater
quality and quantity at the degree or amount of function for which the engineered
stormwater control was designed.
2. Annual Maintenance Inspection and Report
The person responsible for maintenance of any engineered stormwater control installed
pursuant to this ordinance shall submit to the Stormwater Administrator an inspection report
from one of the following persons performing services only in their area of competence: a
qualified registered North Carolina professional engineer, surveyor, landscape architect,
soil scientist, aquatic biologist, or person certified by the North Carolina Cooperative
Extension Service for stormwater treatment practice inspection and maintenance. The
inspection report shall contain all of the following:
a) The name and address of the land owner;
b) The recorded book and page number of the lot of each engineered stormwater control;
c) A statement that an inspection was made of all engineered stormwater controls;
d) The date the inspection was made;
e) A statement that all inspected engineered stormwater controls are performing properly
and are in compliance with the terms and conditions of the approved maintenance
agreement required by this ordinance; and
f) The original signature and seal of the engineer, surveyor, or landscape architect.
All inspection reports shall be on forms supplied by the Stormwater Administrator. An
original inspection report shall be provided to the Stormwater Administrator beginning one
year from the date of as-built certification and each year thereafter on or before the date of
the as-built certification.
Unmanned Public Utilities
The Stormwater Administrator may approve inspection requirements for unmanned public
utilities that are less stringent than those set out in the Design Manual, provided an annual
inspection is conducted at least once per calendar year and, after each 1-year, 24-hour storm.
An alternate inspection frequency for unmanned public utilities may be approved to achieve
the aims of the stormwater ordinance and/or to protect health and safety. For the purposes
hereof, “public utility” shall be defined as set out in Article 1, Chapter 62 of the North
Carolina General Statutes. (Added July 2014)
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PERSON COUNTY PLANNING ORDINANCE
Operation and Mainentance Agreement
1. In General
Prior to the conveyance or transfer of any lot or building site to be served by a engineered
stormwater control pursuant to this ordinance, and prior to issuance of any permit for
development requiring a engineered stormwater control pursuant to this ordinance, the
applicant or owner of the site must execute an operation and maintenance agreement that
shall be binding on all subsequent owners of the site, portions of the site, and lots or parcels
served by the engineered stormwater control. Until the transference of all property, sites, or
lots served by the engineered stormwater control, the original owner or applicant shall have
primary responsibility for carrying out the provisions of the maintenance agreement.
The operation and maintenance agreement shall require the owner or owners to maintain,
repair and, if necessary, reconstruct the engineered stormwater control, and shall state the
terms, conditions, and schedule of maintenance for the engineered stormwater control. In
addition, it shall grant to Person County a right of entry in the event that the Stormwater
Administrator has reason to believe it has become necessary to inspect, monitor, maintain,
repair, or reconstruct the engineered stormwater control; however, in no case shall the right
of entry, of itself, confer an obligation on Person County to assume responsibility for the
engineered stormwater control.
The operation and maintenance agreement must be approved by the Stormwater
Administrator prior to plan approval, and it shall be referenced on the final plat and shall be
recorded with the county Register of Deeds upon final plat approval. A copy of the recorded
maintenance agreement shall be given to the Stormwater Administrator within fourteen (14)
days following its recordation.
2. Special Requirement for Homeowners’ and Other Associations
For all engineered stormwater controls required pursuant to this ordinance and that are to
be or are owned and maintained by a homeowners’ association, property owners’
association, or similar entity, the required operation and maintenance agreement shall
include all of the following provisions:
a) Acknowledgment that the association shall continuously operate and maintain the
stormwater control and management facilities.
b) Establishment of an escrow account, which can be spent solely for sediment removal,
structural, biological or vegetative replacement, major repair, or reconstruction of the
engineered stormwater controls. If engineered stormwater controls are not performing
adequately or as intended or are not properly maintained, Person County, in its sole
discretion, may remedy the situation, and in such instances Person County shall be fully
reimbursed from the escrow account. Escrowed funds may be spent by the association
for sediment removal, structural, biological or vegetative replacement, major repair, and
reconstruction of the engineered stormwater controls, provided that Person County shall
first consent to the expenditure.
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PERSON COUNTY PLANNING ORDINANCE
Special Requirement for Homeowners’ and Other Associations continued
1. Both developer contribution and annual sinking funds shall fund the escrow account. Prior
to plat recordation or issuance of construction permits, whichever shall first occur, the
developer shall pay into the escrow account an amount equal to fifteen (15) percent of the
initial construction cost of the engineered stormwater controls. Two-thirds (2/3) of the total
amount of sinking fund budget shall be deposited into the escrow account within the first
five (5) years and the full amount shall be deposited within ten (10) years following initial
construction of the engineered stormwater controls. Funds shall be deposited each year into
the escrow account. A portion of the annual assessments of the association shall include an
allocation into the escrow account. Any funds drawn down from the escrow account shall
be replaced in accordance with the schedule of anticipated work used to create the sinking
fund budget.
2. The percent of developer contribution and lengths of time to fund the escrow account may
be varied by Person County depending on the design and materials of the stormwater control
and management facility.
3. Granting to Person County a right of entry to inspect, monitor, maintain, repair, and
reconstruct engineered stormwater controls.
4. Allowing Person County to recover from the association and its member’s any and all costs
Person County expends to maintain or repair the engineered stormwater controls or to
correct any operational deficiencies. Failure to pay Person County all of its expended costs,
after forty-five days written notice, shall constitute a breach of the agreement. In case of a
deficiency, Person County shall thereafter be entitled to bring an action against the
association and its members to pay, or foreclose upon the lien hereby authorized by the
agreement against the property, or both. Interest, collection costs, and attorney fees shall be
added to the recovery.
5. A statement that this agreement shall not obligate Person County to maintain or repair any
engineered stormwater controls, and Person County shall not be liable to any person for the
condition or operation of engineered stormwater controls.
6. A statement that this agreement shall not in any way diminish, limit, or restrict the right of
Person County to enforce any of its ordinances as authorized by law.
7. A provision indemnifying and holding harmless Person County for any costs and injuries
arising from or related to the engineered stormwater control, unless Person County has
agreed in writing to assume the maintenance responsibility for the BMP and has accepted
dedication of any and all rights necessary to carry out that maintenance.
Inspection Program
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PERSON COUNTY PLANNING ORDINANCE
Inspections and inspection programs by Person County may be conducted or established on any
reasonable basis, including but not limited to routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations; and joint inspections
with other agencies inspecting under environmental or safety laws. Inspections may include,
but are not limited to, reviewing maintenance and repair records; sampling discharges, surface
water, groundwater, and material or water in BMPs; and evaluating the condition of BMPs.
If the owner or occupant of any property refuses to permit such inspection, the Stormwater
Administrator shall proceed to obtain an administrative search warrant pursuant to G.S. 15-27.2
or its successor. No person shall obstruct, hamper or interfere with the Stormwater
Administrator while carrying out his or her official duties.
Performance Security for Installation and Maintenance
1. May Be Required
Person County may, at its discretion, require the submittal of a performance security or bond
with surety, cash escrow, letter of credit or other acceptable legal arrangement prior to
issuance of a permit in order to ensure that the engineered stormwater controls are:
a) Installed by the permit holder as required by the approved stormwater management plan,
and/or
b) Maintained by the owner as required by the operation and maintenance agreement.
c) Amount
d) Installation
The amount of an installation performance security shall be the total estimated
construction cost of the BMPs approved under the permit, plus 25%.
e) Maintenance
The amount of a maintenance performance security shall be the present value of an
annuity of perpetual duration based on a reasonable estimate of the annual cost of
inspection, operation and maintenance of the BMPs approved under the permit, at a
discount rate that reflects the jurisdiction’s cost of borrowing minus a reasonable
estimate of long-term inflation.
2. Uses of Performance Security
a) Forfeiture Provisions
The performance security shall contain forfeiture provisions for failure, after proper
notice, to complete work within the time specified, or to initiate or maintain any actions
which may be required of the applicant or owner in accordance with this ordinance,
approvals issued pursuant to this ordinance, or an operation and maintenance agreement
established pursuant to this ordinance.
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PERSON COUNTY PLANNING ORDINANCE
b) Default
Upon default of the owner to construct, maintain, repair and, if necessary, reconstruct
any engineered stormwater control in accordance with the applicable permit or
operation and maintenance agreement, the Stormwater Administrator shall obtain and
use all or any portion of the security to make necessary improvements based on an
engineering estimate. Such expenditure of funds shall only be made after requesting the
owner to comply with the permit or maintenance agreement. In the event of a default
triggering the use of installation performance security, Person County shall not return
any of the unused deposited cash funds or other security, which shall be retained for
maintenance.
c) Costs in Excess of Performance Security
If Person County takes action upon such failure by the applicant or owner, Person
County may collect from the applicant or owner the difference between the amount of
the reasonable cost of such action and the amount of the security held, in addition to any
other penalties or damages due.
d) Refund
Within sixty days of the final approval, the installation performance security shall be
refunded to the applicant or terminated, except any amount attributable to the cost (plus
25%) of landscaping installation and ongoing maintenance associated with the BMPs
covered by the security. Any such landscaping shall be inspected one (1) year after
installation with replacement for compliance with the approved plans and specifications
and, if in compliance, the portion of the financial security attributable to landscaping
shall be released.
3. Notice to owners
a) Deed Recordation and Indications on Plat
The applicable operations and maintenance agreement, conservation easement, or
dedication and acceptance into public maintenance (whichever is applicable) pertaining
to every engineered stormwater control shall be referenced on the final plat and shall be
recorded with the county Register of Deeds upon final plat approval. If no subdivision
plat is recorded for the site, then the operations and maintenance agreement,
conservation easement, or dedication and acceptance into public maintenance,
whichever is applicable shall be recorded with the county Register of Deeds so as to
appear in the chain of title of all subsequent purchasers under generally accepted
searching principles.
b) Signage
Where appropriate in the determination of the Stormwater Administrator to assure
compliance with this ordinance, engineered stormwater controls shall be posted with a
conspicuous sign stating who is responsible for required maintenance and annual
inspection. The sign shall be maintained so as to remain visible and legible.
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PERSON COUNTY PLANNING ORDINANCE
Records of Installation and Maintenance Activities
The owner of each engineered stormwater control shall keep records of inspections,
maintenance, and repairs for at least five years from the date of creation of the record and shall
submit the same upon reasonable request to the Stormwater Administrator.
Nuisance
The owner of each stormwater BMP, whether engineered stormwater control or non-
engineered stormwater control, shall maintain it so as not to create or result in a nuisance
condition.
Maintenance Easement
Every engineered stormwater control installed pursuant to this ordinance shall be made
accessible for adequate maintenance and repair by a maintenance easement. The easement shall
be recorded and its terms shall specify who may make use of the easement and for what
purposes.]
31-14 Enforcement and Violations
General
Authority to Enforce
The provisions of this ordinance shall be enforced by the Stormwater Administrator, his or her
designee, or any authorized agent of Person County. Whenever this section refers to the
Stormwater Administrator, it includes his or her designee as well as any authorized agent of
Person County.
Violation Unlawful
Any failure to comply with an applicable requirement, prohibition, standard, or limitation
imposed by this ordinance, or the terms or conditions of any permit or other development
approval or authorization granted pursuant to this ordinance, is unlawful and shall constitute a
violation of this ordinance.
Each Day a Separate Offense
Each day that a violation continues shall constitute a separate and distinct violation or offense.
Responsible Persons/Entities
Any person who erects, constructs, reconstructs, alters (whether actively or passively), or fails
to erect, construct, reconstruct, alter, repair or maintain any structure, BMP, engineered
stormwater control, practice, or condition in violation of this ordinance shall be subject to the
remedies, penalties, and/or enforcement actions in accordance with this section. Persons subject
to the remedies and penalties set forth herein may include any architect, engineer, builder,
contractor, developer, agency, or any other person who participates in, assists, directs, creates,
causes, or maintains a condition that results in or constitutes a violation of this ordinance, or
fails to take appropriate action, so that a violation of this ordinance results or persists; or an
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PERSON COUNTY PLANNING ORDINANCE
owner, any tenant or occupant, or any other person, who has control over, or responsibility for,
the use or development of the property on which the violation occurs.
For the purposes of this ordinance, responsible person(s) shall include but not be limited to:
1. Person Maintaining Condition Resulting In or Constituting Violation
An architect, engineer, builder, contractor, developer, agency, or any other person who
participates in, assists, directs, creates, causes, or maintains a condition that constitutes a
violation of this ordinance, or fails to take appropriate action, so that a violation of this
ordinance results or persists.
2. Responsibility for Land or Use of Land
The owner of the land on which the violation occurs, any tenant or occupant of the property,
any person who is responsible for stormwater controls or practices pursuant to a private
agreement or public document, or any person, who has control over, or responsibility for,
the use or development of the property.
Remedies and Penalties
The remedies and penalties provided for violations of this ordinance, whether civil or criminal,
shall be cumulative and in addition to any other remedy provided by law, and may be exercised
in any order.
Remedies
1. Withholding of Certificate of Occupancy
The Stormwater Administrator or other authorized agent may refuse to issue a certificate of
occupancy for the building or other improvements constructed or being constructed on the
site and served by the stormwater practices in question until the applicant or other
responsible person has taken the remedial measures set forth in the notice of violation or
has otherwise cured the violations described therein.
2. Disapproval of Subsequent Permits and Development Approvals
As long as a violation of this ordinance continues and remains uncorrected, the Stormwater
Administrator or other authorized agent may withhold, and the Planning Director may
disapprove, any request for permit or development approval or authorization provided for
by this ordinance or the (zoning, subdivision, and/or building regulations, as appropriate)
for the land on which the violation occurs.
3. Injunction, Abatements, etc.
The Stormwater Administrator, with the written authorization of the County Manager may
institute an action in a court of competent jurisdiction for a mandatory or prohibitory
injunction and order of abatement to correct a violation of this ordinance. Any person
violating this ordinance shall be subject to the full range of equitable remedies provided in
the General Statutes or at common law.
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4. Correction as Public Health Nuisance, Costs as Lien, etc.
If the violation is deemed dangerous or prejudicial to the public health or public safety and
is within the geographic limits prescribed by North Carolina G.S. §160A-193, the
Stormwater Administrator, with the written authorization of the County Manager may cause
the violation to be corrected and the costs to be assessed as a lien against the property.
5. Stop Work Order
The Stormwater Administrator may issue a stop work order to the person(s) violating this
ordinance. The stop work order shall remain in effect until the person has taken the remedial
measures set forth in the notice of violation or has otherwise cured the violation or violations
described therein. The stop work order may be withdrawn or modified to enable the person
to take the necessary remedial measures to cure such violation or violations.
Civil Penalties
The Stormwater Administrator may assess a civil penalty against any person who violates any
provision of this ordinance or of a permit or other requirement pursuant to this ordinance. Civil
penalties may be assessed up to the full amount of penalty authorized by G.S. 143-215.6A.
Criminal Penalties Violation of this ordinance may be enforced as a criminal matter under North
Carolina law.
Procedures
1. Initiation/Complaint
Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person
may file a written complaint. Such complaint shall state fully the alleged violation and the
basis thereof, and shall be filed with the Stormwater Administrator, who shall record the
complaint. The complaint shall be investigated promptly by the Stormwater Administrator.
2. Inspection
The Stormwater Administrator shall have the authority, upon presentation of proper
credentials, to enter and inspect any land, building, structure, or premises to ensure
compliance with this ordinance.
3. Notice of Violation and Order to Correct
When the Stormwater Administrator finds that any building, structure, or land is in violation
of this ordinance, the Stormwater Administrator shall notify, in writing, the property owner
or other person violating this ordinance. The notification shall indicate the nature of the
violation, contain the address or other description of the site upon which the violation is
occurring, order the necessary action to abate the violation, and give a deadline for
correcting the violation. If civil penalties are to be assessed, the notice of violation shall also
contain a statement of the civil penalties to be assessed, the time of their accrual, and the
time within which they must be paid or be subject to collection as a debt.
The Stormwater Administrator may deliver the notice of violation and correction order by
any means authorized for the service of documents by Rule 4 of the North Carolina Rules
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PERSON COUNTY PLANNING ORDINANCE
of Civil Procedure. If a violation is not corrected within a reasonable period of time, as
provided in the notification, the Stormwater Administrator may take appropriate action
under this ordinance to correct and abate the violation and to ensure compliance with this
ordinance.
4. Extension of Time
A person who receives a notice of violation and correction order, or the owner of the land
on which the violation occurs, may submit to the Stormwater Administrator a written
request for an extension of time for correction of the violation. On determining that the
request includes enough information to show that the violation cannot be corrected within
the specified time limit for reasons beyond the control of the person requesting the
extension, the Stormwater Administrator may extend the time limit as is reasonably
necessary to allow timely correction of the violation, up to, but not exceeding 60 days. The
Stormwater Administrator may grant a 30-day extension in addition to the foregoing
extension if the violation cannot be corrected within the permitted time due to circumstances
beyond the control of the person violating this ordinance. The Stormwater Administrator
may grant an extension only by written notice of extension. The notice of extension shall
state the date prior to which correction must be made, after which the violator will be subject
to the penalties described in the notice of violation and correction order.
5. Enforcement after Time to Correct
After the time has expired to correct a violation, including any extension(s) if authorized by
the Stormwater Administrator, the Stormwater Administrator shall determine if the
violation is corrected. The Stormwater Administrator may act to impose one or more of the
remedies and penalties authorized by this ordinance whether or not the violation has been
corrected.
6. Emergency Enforcement
If delay in correcting a violation would seriously threaten the effective enforcement of this
ordinance or pose an immediate danger to the public health, safety, or welfare, then the
Stormwater Administrator may order the immediate cessation of a violation. Any person so
ordered shall cease any violation immediately. The Stormwater Administrator may seek
immediate enforcement, without prior written notice, through any remedy or penalty
authorized by this ordinance.
31-15 Definitions
Terms Defined
When used in this Ordinance, the following words and terms shall have the meaning set forth
in this section, unless other provisions of this Ordinance specifically indicate otherwise.
Approved accounting tool
The accounting tool for nutrient loading approved by the EMC for the relevant geography and
development type under review.
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PERSON COUNTY PLANNING ORDINANCE
Built-upon area (BUA)
That portion of a development project that is covered by impervious or partially impervious
surface including, but not limited to, buildings; pavement and gravel areas such as roads,
parking lots, and paths; and recreation facilities such as tennis courts. “Built-upon area” does
not include a wooden slatted deck, the water area of a swimming pool, or pervious or partially
pervious paving material to the extent that the paving material absorbs water or allows water to
infiltrate through the paving material. The project site or area must exclude any land adjacent
to the area disturbed by the project that has been counted as pervious by any other development
regulated under a federal, state or local stormwater regulation.
Commission
The North Carolina Environmental Management Commission, in the Department.
Department
The North Carolina Department of Environment and Natural Resources.
Design Manual
The stormwater design manual approved for use in this part of the Falls Watershed by the
Department for the proper implementation of the requirements of the Falls Watershed
stormwater program. All references herein to the Design Manual are to the latest published
edition or revision.
Development
Any land-disturbing activity that increases the amount of built-upon area or that otherwise
decreases the infiltration of precipitation into the soil.
Division
The Division of Water Quality in the Department.
Existing Development
Development not otherwise exempted by this ordinance that meets one of the following criteria:
1. It either is built or has established a statutory or common-law vested right as of the effective
date of this ordinance; or
2. It occurs after the effective date of this ordinance, but does not result in a net increase in
built-upon area and does not decrease the infiltration of precipitation into the soil.
Engineered Stormwater Control
A physical device designed to trap, settle out, or filter pollutants from stormwater runoff; to
alter or reduce stormwater runoff velocity, amount, timing, or other characteristics; to
approximate the pre-development hydrology on a developed site; or to achieve any combination
of these goals. Engineered stormwater control includes physical practices such as constructed
wetlands, vegetative practices, filter strips, grassed swales, and other methods installed or
created on real property. “Engineered stormwater control” is synonymous with “structural
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PERSON COUNTY PLANNING ORDINANCE
practice,” “stormwater control facility,” “stormwater control practice,” “stormwater treatment
practice,” “stormwater management practice,” “stormwater control measures,” “structural
stormwater treatment systems,” and similar terms used in this ordinance. It is a broad term that
may include practices that do not require design by a professionally licensed engineer.
Land disturbing activity
Any use of the land that results in a change in the natural cover or topography that may cause
or contribute to sedimentation.
Larger common plan of development or sale
Any area where multiple separate and distinct construction or land-disturbing activities will
occur under one plan. A plan is any announcement or piece of documentation (including but
not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application,
drawing, permit application, zoning request, or computer design) or physical demarcation
(including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that
construction activities may occur on a specific plot.
Major variance
A variance from the minimum statewide watershed protection or Falls rules that results in the
relaxation, by a factor greater than five percent of any buffer, density or built-upon area
requirement under the high density option; any variation in the design, maintenance or operation
requirements of a wet detention pond or other approved stormwater management system; or
relaxation by a factor greater than 10 percent, of any management requirement under the low
density option. For provisions in this ordinance that are more stringent than the state's minimum
water supply protection rules and Falls rules, a variance to this ordinance is not considered a
major variance as long as the result of the variance is not less stringent than the state's minimum
requirements.
Minor variance
A variance from the minimum statewide watershed protection or Falls rules that results in a
relaxation, by a factor of up to five percent of any buffer, density or built-upon area requirement
under the high density option; or that results in a relaxation by a factor up to 10 percent, of any
management requirement under the low density option.
1-year, 24-hour storm
The surface runoff resulting from a 24-hour rainfall of an intensity expected to be equaled or
exceeded, on average, once in 12 months and with a duration of 24 hours.
Outfall
A point at which stormwater (1) enters surface water or (2) exits the property of a particular
owner.
Owner
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PERSON COUNTY PLANNING ORDINANCE
The legal or beneficial owner of land, including but not limited to a mortgagee or vendee in
possession, receiver, executor, trustee, or long-term or commercial lessee, or any other person
or entity holding proprietary rights in the property or having legal power of management and
control of the property. “Owner” shall include long-term commercial tenants; management
entities, such as those charged with or engaged in the management of properties for profit; and
every person or entity having joint ownership of the property. A secured lender not in
possession of the property does not constitute an owner, unless the secured lender is included
within the meaning of “owner” under another description in this definition, such as a
management entity.
Person
Includes, without limitation, individuals, firms, partnerships, associations, institutions,
corporations, municipalities and other political subdivisions, and governmental agencies.
Redevelopment
Any development on previously-developed land. Redevelopment of structures or improvements
that (i) existed prior to December 2006 and (ii) would not result in an increase in built-upon
area and (iii) provides stormwater control at least equal to the previous development is not
required to meet the nutrient loading targets of this ordinance.
Stormwater system
All engineered stormwater controls owned or controlled by a person that drain to the same
outfall, along with the conveyances between those controls. A system may be made up of one
or more stormwater controls.
Substantial progress
For the purposes of determining whether sufficient progress has been made on an approved
plan, one or more of the following construction activities toward the completion of a site or
subdivision plan shall occur: obtaining a grading permit and conducting grading activity on a
continuous basis and not discontinued for more than thirty (30) days; or installation and
approval of on-site infrastructure; or obtaining a building permit for the construction and
approval of a building foundation. “Substantial progress” for purposes of determining whether
an approved plan is null and void is not necessarily the same as “substantial expenditures” used
for determining vested rights pursuant to applicable law.
SECTION 32 – FLOOD DAMAGE PREVEION ORDINANCE
NON-COASTAL REGULAR PHASE
32-1 Statutory Authority, Findings of Fact, Purpose and Objectives
Statutory authorization.
County: The Legislature of the State of North Carolina has in North Carolina General Statutes
160D, delegated to local governmental units the responsibility to adopt regulations designed to
promote the public health, safety, and general welfare.
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PERSON COUNTY PLANNING ORDINANCE
Therefore, the Person County Board of Commissioners, Person County, North Carolina, does
ordain as follows:
Findings of fact.
1. The flood prone areas within the jurisdiction of Person County are subject to periodic
inundation which results in loss of life, property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public expenditures of flood protection
and relief, and impairment of the tax base, all of which adversely affect the public health,
safety, and general welfare.
2. These flood losses are caused by the cumulative effect of obstructions in floodplains causing
increases in flood heights and velocities and by the occupancy in flood prone areas of uses
vulnerable to floods or other hazards.
Purpose
It is the purpose of this ordinance to promote public health, safety, and general welfare and to
minimize public and private losses due to flood conditions within flood prone areas by
provisions designed to:
1. Restrict or prohibit uses that are dangerous to health, safety, and property due to water or
erosion hazards or that result in damaging increases in erosion, flood heights or velocities;
2. Require that uses vulnerable to floods, including facilities that serve such uses, be protected
against flood damage at the time of initial construction;
3. Control the alteration of natural floodplains, stream channels, and natural protective
barriers, which are involved in the accommodation of floodwaters;
4. Control filling, grading, dredging, and all other development that may increase erosion or
flood damage; and
5. Prevent or regulate the construction of flood barriers that will unnaturally divert flood
waters or which may increase flood hazards to other lands.
Objectives
The objectives of this ordinance are to:
1. Protect human life, safety, and health;
2. Minimize expenditure of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
4. Minimize prolonged business losses and interruptions;
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PERSON COUNTY PLANNING ORDINANCE
5. Minimize damage to public facilities and utilities (i.e. water and gas mains, electric,
telephone, cable and sewer lines, streets, and bridges) that are located in flood prone areas;
6. Minimize damage to private and public property due to flooding;
7. Make flood insurance available to the community through the National Flood Insurance
Program;
8. Maintain the natural and beneficial functions of floodplains;
9. Help maintain a stable tax base by providing for the sound use and development of flood
prone areas; and
10. Ensure that potential buyers are aware that property is in a Special Flood Hazard Area.
32-2 Definitions.
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted
so as to give them the meaning they have in common usage and to give this ordinance it’s most
reasonable application.
Accessory Structure (Appurtenant Structure)
Means a structure located on the same parcel of property as the principal structure and the use
of which is incidental to the use of the principal structure. Garages, carports and storage sheds
are common urban accessory structures. Pole barns, hay sheds and the like qualify as accessory
structures on farms, and may or may not be located on the same parcel as the farm dwelling or
shop building.
Addition (to an existing building)
Means an extension or increase in the floor area or height of a building or structure.
Alteration of a watercourse
Means a dam, impoundment, channel relocation, change in channel alignment, channelization,
or change in cross-sectional area of the channel or the channel capacity, or any other form of
modification which may alter, impede, retard or change the direction and/or velocity of the
riverine flow of water during conditions of the base flood.
Appeal
Means a request for a review of the Floodplain Administrator's interpretation of any provision
of this ordinance.
Area of Future-Conditions Flood Hazard
Means the land area that would be inundated by the 1-percent-annual-chance (100- year) flood
based on future-conditions hydrology.
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Area of Shallow Flooding
Means a designated Zone AO on a community's Flood Insurance Rate Map (FIRM) with base
flood depths determined to be from one (1) to three (3) feet. These areas are located where a
clearly defined channel does not exist, where the path of flooding is unpredictable and
indeterminate, and where velocity flow may be evident.
Area of Special Flood Hazard
see Special Flood Hazard Area (SFHA)
Basement
Means any area of the building having its floor subgrade (below ground level) on all sides.
Base Flood
Means the flood having a one (1) percent chance of being equaled or exceeded in any given
year.
Base Flood Elevation (BFE)
Means a determination of the water surface elevations of the base flood as published in the
Flood Insurance Study. When the BFE has not been provided in a “Special Flood Hazard Area”,
it may be obtained from engineering studies available from a Federal, State, or other source
using FEMA approved engineering methodologies. This elevation, when combined with the
“Freeboard”, establishes the “Regulatory Flood Protection Elevation”.
Building
see Structure
“Chemical Storage Facility” means a building, portion of a building, or exterior area adjacent
to a building used for the storage of any chemical or chemically reactive products.
Design Flood
See Regulatory Flood Protection Elevation.
Development
Means any man-made change to improved or unimproved real estate, including, but not limited
to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or
drilling operations, or storage of equipment or materials.
Development Activity
Means any activity defined as Development which will necessitate a Floodplain Development
Permit. This includes buildings, structures, and non-structural items, including (but not limited
to) fill, bulkheads, piers, pools, docks, landings, ramps, and erosion control/stabilization
measures.
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PERSON COUNTY PLANNING ORDINANCE
“Digital Flood Insurance Rate Map (DFIRM)” means the digital official map of a community,
issued by the Federal Emergency Management Agency (FEMA), on which both the Special
Flood Hazard Areas and the risk premium zones applicable to the community are delineated.
“Disposal” means, as defined in NCGS 130A-290(a)(6), the discharge, deposit, injection,
dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the
solid waste or any constituent part of the solid waste may enter the environment or be emitted
into the air or discharged into any waters, including groundwaters.
“Elevated Building” means a non-basement building which has its lowest elevated floor raised
above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
“Encroachment” means the advance or infringement of uses, fill, excavation, buildings,
structures or development into a floodplain, which may impede or alter the flow capacity of a
floodplain.
“Existing building and existing structure” means any building and/or structure for which the
“start of construction” commenced before February 19, 1990, the initial effective date of the
floodplain management regulations adopted by the community.
“Existing Manufactured Home Park or Manufactured Home Subdivision” means a
manufactured home park or subdivision for which the construction of facilities for servicing the
lots on which the manufactured homes are to be affixed (including, at a minimum, the
installation of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) was completed before February 19, 1990, the initial effective date of the
floodplain management regulations adopted by the community.
“Flood” or “Flooding” means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
1. the overflow of inland or tidal waters; and/or
2. the unusual and rapid accumulation of runoff of surface waters from any source.
“Flood Boundary and Floodway Map (FBFM)” means an official map of a community, issued
by the Federal Emergency Management Agency, on which the Special Flood Hazard Areas and
the floodways are delineated. This official map is a supplement to and shall be used in
conjunction with the Flood Insurance Rate Map (FIRM).
“Flood Hazard Boundary Map (FHBM)” means an official map of a community, issued by the
Federal Emergency Management Agency, where the boundaries of the Special Flood Hazard
Areas have been defined as Zone A.
“Flood Insurance” means the insurance coverage provided under the National Flood Insurance
Program.
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PERSON COUNTY PLANNING ORDINANCE
“Flood Insurance Rate Map (FIRM)” means an official map of a community, issued by the
Federal Emergency Management Agency, on which both the Special Flood Hazard Areas and
the risk premium zones applicable to the community are delineated.
“Flood Insurance Study (FIS)” means an examination, evaluation, and determination of flood
hazards, corresponding water surface elevations (if appropriate), flood hazard risk zones, and
other flood data in a community issued by the Federal Emergency Management Agency. The
Flood Insurance Study report includes Flood Insurance Rate Maps (FIRMs) and Flood
Boundary and Floodway Maps (FBFMs), if published.
“Flood Prone Area” see “Floodplain”
“Floodplain” means any land area susceptible to being inundated by water from any source.
“Floodplain Administrator” is the individual appointed to administer and enforce the floodplain
management regulations.
“Floodplain Development Permit” means any type of permit that is required in conformance
with the provisions of this ordinance, prior to the commencement of any development activity.
“Floodplain Management” means the operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing, where possible,
natural resources in the floodplain, including, but not limited to, emergency preparedness plans,
flood control works, floodplain management regulations, and open space plans.
“Floodplain Management Regulations” means this ordinance and other zoning ordinances,
subdivision regulations, building codes, health regulations, special purpose ordinances, and
other applications of police power. This term describes Federal, State or local regulations, in
any combination thereof, which provide standards for preventing and reducing flood loss and
damage.
“Floodproofing” means any combination of structural and nonstructural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved
real property, water and sanitation facilities, structures, and their contents.
“Flood-resistant material” means any building product [material, component or system] capable
of withstanding direct and prolonged contact (minimum 72 hours) with floodwaters without
sustaining damage that requires more than low-cost cosmetic repair. Any material that is water-
soluble or is not resistant to alkali or acid in water, including normal adhesives for above-grade
use, is not flood-resistant. Pressure-treated lumber or naturally decay-resistant lumbers are
acceptable flooring materials. Sheet-type flooring coverings that restrict evaporation from
below and materials that are impervious, but dimensionally unstable are not acceptable.
Materials that absorb or retain water excessively after submergence are not flood-resistant.
Please refer to Technical Bulletin 2, Flood Damage-Resistant Materials Requirements, and
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PERSON COUNTY PLANNING ORDINANCE
available from the FEMA. Class 4 and 5 materials, referenced therein, are acceptable flood-
resistant materials.
“Floodway” means the channel of a river or other watercourse, including the area above a
bridge or culvert when applicable, and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the water surface elevation more than
one (1) foot.
“Floodway encroachment analysis” means an engineering analysis of the impact that a proposed
encroachment into a floodway or non-encroachment area is expected to have on the floodway
boundaries and flood levels during the occurrence of the base flood discharge. The evaluation
shall be prepared by a qualified North Carolina licensed engineer using standard engineering
methods and models.
“Flood Zone” means a geographical area shown on a Flood Hazard Boundary Map or Flood
Insurance Rate Map that reflects the severity or type of flooding in the area.
“Freeboard” means the height added to the Base Flood Elevation (BFE) to account for the many
unknown factors that could contribute to flood heights greater that the height calculated for a
selected size flood and floodway conditions, such as wave action, blockage of bridge openings,
and the hydrological effect of urbanization of the watershed. The Base Flood Elevation plus the
freeboard establishes the “Regulatory Flood Protection Elevation”.
“Functionally Dependent Facility” means a facility which cannot be used for its intended
purpose unless it is located in close proximity to water, limited to a docking or port facility
necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair.
The term does not include long-term storage, manufacture, sales, or service facilities.
“Hazardous Waste Management Facility” means, as defined in NCGS 130A, Article 9, a facility
for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous
waste.
“Highest Adjacent Grade (HAG)” means the highest natural elevation of the ground surface,
prior to construction, immediately next to the proposed walls of the structure.
“Historic Structure” means any structure that is:
1. listed individually in the National Register of Historic Places (a listing maintained by the
US Department of Interior) or preliminarily determined by the Secretary of Interior as
meeting the requirements for individual listing on the National Register;
2. certified or preliminarily determined by the Secretary of Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
3. individually listed on a local inventory of historic landmarks in communities with a
“Certified Local Government (CLG) Program”; or
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PERSON COUNTY PLANNING ORDINANCE
4. certified as contributing to the historical significance of a historic district designated by a
community with a “Certified Local Government (CLG) Program”.
Certified Local Government (CLG) Programs are approved by the US Department of the
Interior in cooperation with the North Carolina Department of Cultural Resources through the
State Historic Preservation Officer as having met the requirements of the National Historic
Preservation Act of 1966 as amended in 1980.
“Letter of Map Change (LOMC)” means an official determination issued by FEMA that amends
or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map
Change include:
1. Letter of Map Amendment (LOMA): An official amendment, by letter, to an effective
National Flood Insurance Program map. A LOMA is based on technical data showing that
a property had been inadvertently mapped as being in the floodplain, but is actually on
natural high ground above the base flood elevation. A LOMA amends the current effective
Flood Insurance Rate Map and establishes that a specific property, portion of a property, or
structure is not located in a special flood hazard area.
2. Letter of Map Revision (LOMR): A revision based on technical data that may show changes
to flood zones, flood elevations, special flood hazard area boundaries and floodway
delineations, and other planimetric features.
3. Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel
of land has been elevated by fill above the BFE and is, therefore, no longer located within
the special flood hazard area. In order to qualify for this determination, the fill must have
been permitted and placed in accordance with the community’s floodplain management
regulations.
4. Conditional Letter of Map Revision (CLOMR): A formal review and comment as to
whether a proposed project complies with the minimum NFIP requirements for such
projects with respect to delineation of special flood hazard areas. A CLOMR does not revise
the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and
approval of certified as-built documentation, a Letter of Map Revision may be issued by
FEMA to revise the effective FIRM.
“Light Duty Truck” means any motor vehicle rated at 8,500 pounds Gross Vehicular Weight
Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic
vehicle frontal area of 45 square feet or less as defined in 40 CFR 86.082-2 and is:
1. Designed primarily for purposes of transportation of property or is a derivation of such a
vehicle, or
2. Designed primarily for transportation of persons and has a capacity of more than 12 persons;
or
3. Available with special features enabling off-street or off-highway operation and use.
“Lowest Adjacent Grade (LAG)” means the lowest elevation of the ground, sidewalk or patio
slab immediately next to the building, or deck support, after completion of the building.
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PERSON COUNTY PLANNING ORDINANCE
“Lowest Floor” means lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access,
or limited storage in an area other than a basement area is not considered a building's lowest
floor, provided that such an enclosure is not built so as to render the structure in violation of the
applicable non-elevation design requirements of this ordinance.
“Manufactured Home” means a structure, transportable in one or more sections, which is built
on a permanent chassis and designed to be used with or without a permanent foundation when
connected to the required utilities. The term “manufactured home” does not include a
“recreational vehicle”.
“Manufactured Home Park or Subdivision” means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
“Map Repository” means the location of the official flood hazard data to be applied for
floodplain management. It is a central location in which flood data is stored and managed; in
North Carolina, FEMA has recognized that the application of digital flood hazard data products
carry the same authority as hard copy products. Therefore, the NCEM’s Floodplain Mapping
Program websites house current and historical flood hazard data. For effective flood hazard
data the NC FRIS website (http://FRIS.NC.GOV/FRIS) is the map repository, and for historical
flood hazard data the FloodNC website (http://FLOODNC.GOV/NCFLOOD) is the map
repository.
“Market Value” means the building value, not including the land value and that of any accessory
structures or other improvements on the lot. Market value may be established by independent
certified appraisal; replacement cost depreciated for age of building and quality of construction
(Actual Cash Value); or adjusted tax assessed values.
“New Construction” means structures for which the “start of construction” commenced on or
after February 19, 1990, the effective date of the initial floodplain management regulations and
includes any subsequent improvements to such structures.
“Non-Conversion Agreement” means a document stating that the owner will not convert or alter
what has been constructed and approved. Violation of the agreement is considered a violation
of the ordinance and, therefore, subject to the same enforcement procedures and penalties. The
agreement must be filed with the recorded deed for the property. The agreement must show the
clerk’s or recorder’s stamps and/or notations that the filing has been completed.
“Non-Encroachment Area” means the channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one (1) foot as designated in the Flood
Insurance Study report.
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“Post-FIRM” means construction or other development for which the “start of construction”
occurred on or after September 14, 1990, the effective date of the initial Flood Insurance Rate
Map.
“Pre-FIRM” means construction or other development for which the “start of construction”
occurred before September 14, 1990, the effective date of the initial Flood Insurance Rate Map.
“Principally Above Ground” means that at least 51% of the actual cash value of the structure is
above ground.
“Public Safety” and/or “Nuisance” means anything which is injurious to the safety or health of
an entire community or neighborhood, or any considerable number of persons, or unlawfully
obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay,
stream, canal, or basin.
“Recreational Vehicle (RV)” means a vehicle, which is:
1. built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projection;
3. designed to be self-propelled or permanently towable by a light duty truck; and
4. designed primarily not for use as a permanent dwelling, but as temporary living quarters for
recreational, camping, travel, or seasonal use.
5. is fully licensed and ready for highway use.
“Reference Level” is the top of the lowest floor for structures within Special Flood Hazard
Areas designated as Zones A, AE, AH, AO and A99.
“Regulatory Flood Protection Elevation” means the “Base Flood Elevation” plus the
“Freeboard”. In “Special Flood Hazard Areas” where Base Flood Elevations (BFEs) have been
determined, this elevation shall be the BFE plus two (2) feet of freeboard. In “Special Flood
Hazard Areas” where no BFE has been established, this elevation shall be at least two (2) feet
above the highest adjacent grade.
“Remedy a Violation” means to bring the structure or other development into compliance with
State and community floodplain management regulations, or, if this is not possible, to reduce
the impacts of its noncompliance. Ways that impacts may be reduced include protecting the
structure or other affected development from flood damages, implementing the enforcement
provisions of the ordinance or otherwise deterring future similar violations, or reducing Federal
financial exposure with regard to the structure or other development.
“Riverine” means relating to, formed by, or resembling a river (including tributaries), stream,
brook, etc.
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“Salvage Yard” means any non-residential property used for the storage, collection, and/or
recycling of any type of equipment, and including but not limited to vehicles, appliances and
related machinery.
“Solid Waste Disposal Facility” means any facility involved in the disposal of solid waste, as
defined in NCGS 130A-290(a) (35).
“Solid Waste Disposal Site” means, as defined in NCGS 130A-290(a) (36), any place at which
solid wastes are disposed of by incineration, sanitary landfill, or any other method.
“Special Flood Hazard Area (SFHA)” means the land in the floodplain subject to a one percent
(1%) or greater chance of being flooded in any given year, as determined in this ordinance.
“Start of Construction” includes substantial improvement, and means the date the building
permit was issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition placement, or other improvement was within 180 days of the permit
date. The actual start means either the first placement of permanent construction of a structure
on a site, such as the pouring of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement of a manufactured home
on a foundation. Permanent construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets and/or walkways; nor does it
include excavation for a basement, footings, piers, or foundations or the erection of temporary
forms; nor does it include the installation on the property of accessory buildings, such as garages
or sheds not occupied as dwelling units or not part of the main structure. For a substantial
improvement, the actual start of construction means the first alteration of any wall, ceiling,
floor, or other structural part of the building, whether or not that alteration affects the external
dimensions of the building.
“Structure” means a walled and roofed building, a manufactured home, or a gas, liquid, or
liquefied gas storage tank that is principally above ground.
“Substantial Damage” means damage of any origin sustained by a structure during any one-
year period whereby the cost of restoring the structure to it’s before damaged condition would
equal or exceed 50 percent of the market value of the structure before the damage occurred.
See definition of “substantial improvement”. Substantial damage also means flood-related
damage sustained by a structure on two separate occasions during a 10-year period for which
the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25
percent of the market value of the structure before the damage occurred.
“Substantial Improvement” means any combination of repairs, reconstruction, rehabilitation,
addition, or other improvement of a structure, taking place during any one-year period for which
the cost equals or exceeds 50 percent of the market value of the structure before the “start of
construction” of the improvement. This term includes structures which have incurred
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“substantial damage”, regardless of the actual repair work performed. The term does not,
however, include either:
1. any correction of existing violations of State or community health, sanitary, or safety code
specifications which have been identified by the community code enforcement official and
which are the minimum necessary to assure safe living conditions; or
2. any alteration of a historic structure, provided that the alteration will not preclude the
structure's continued designation as a historic structure.
“Technical Bulletin and Technical Fact Sheet” means a FEMA publication that provides
guidance concerning the building performance standards of the NFIP, which are contained in
Title 44 of the U.S. Code of Federal Regulations at Section 60.3. The bulletins and fact sheets
are intended for use primarily by State and local officials responsible for interpreting and
enforcing NFIP regulations and by members of the development community, such as design
professionals and builders. New bulletins, as well as updates of existing bulletins, are issued
periodically as needed. The bulletins do not create regulations; rather they provide specific
guidance for complying with the minimum requirements of existing NFIP regulations.
“Temperature Controlled” means having the temperature regulated by a heating and/or cooling
system, built-in or appliance.
“Variance” is a grant of relief from the requirements of this ordinance.
“Violation” means the failure of a structure or other development to be fully compliant with the
community's floodplain management regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of compliance required in this
ordinance is presumed to be in violation until such time as that documentation is provided.
“Water Surface Elevation (WSE)” means the height, in relation to mean sea level, of floods of
various magnitudes and frequencies in the floodplains of riverine areas.
“Watercourse” means a lake, river, creek, stream, wash, channel or other topographic feature
on or over which waters flow at least periodically. Watercourse includes specifically designated
areas in which substantial flood damage may occur.
32-3 General Provisions
Lands to which this ordinance applies.
This ordinance shall apply to all Special Flood Hazard Areas within the jurisdiction of Person
County.
Basis for establishing the special flood hazard areas.
The Special Flood Hazard Areas are those identified under the Cooperating Technical State
(CTS) agreement between the State of North Carolina and FEMA in its FIS dated December 6,
2019, shown on FIS for Person County and associated DFIRM panels, including any digital
data developed as part of the FIS, which are adopted by reference and declared a part of this
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ordinance, and all revisions thereto after January 1, 2021. Future revisions to the FIS and
DFIRM panels that do not change flood hazard data within the jurisdictional authority of Person
County are also adopted by reference and declared a part of this ordinance. Subsequent Letter
of Map Revisions (LOMRs) and/or Physical Map Revisions (PMRs) shall be adopted within 3
months.
Establishment of floodplain development permit.
A Floodplain Development Permit shall be required in conformance with the provisions of this
ordinance prior to the commencement of any development activities within Special Flood
Hazard Areas determined in accordance with the provisions of this ordinance.
Compliance.
No structure or land shall hereafter be located, extended, converted, altered, or developed in
any way without full compliance with the terms of this ordinance and other applicable
regulations.
Abrogation and greater restrictions.
This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this ordinance and another conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
Interpretation.
In the interpretation and application of this ordinance, all provisions shall be:
1. considered as minimum requirements;
2. liberally construed in favor of the governing body; and
3. deemed neither to limit nor repeal any other powers granted under State statutes.
Warning and disclaimer of liability.
The degree of flood protection required by this ordinance is considered reasonable for
regulatory purposes and is based on scientific and engineering consideration. Larger floods can
and will occur. Actual flood heights may be increased by man-made or natural causes. This
ordinance does not imply that land outside the Special Flood Hazard Areas or uses permitted
within such areas will be free from flooding or flood damages. This ordinance shall not create
liability on the part of Person County or by any officer or employee thereof for any flood
damages that result from reliance on this ordinance or any administrative decision lawfully
made hereunder.
Penalties for violation.
Violation of the provisions of this ordinance or failure to comply with any of its requirements,
including violation of conditions and safeguards established in connection with grants of
variance or special exceptions, shall constitute a Class 1 misdemeanor pursuant to NC G.S. §
143-215.58. Any person who violates this ordinance or fails to comply with any of its
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requirements shall, upon conviction thereof, be fined not more than $100.00 or imprisoned for
not more than thirty (30) days, or both. Each day such violation continues shall be considered
a separate offense. Nothing herein contained shall prevent Person County from taking such
other lawful action as is necessary to prevent or remedy any violation.
32-4 Administration.
Designation of floodplain administrator.
The Zoning Administrator, hereinafter referred to as the “Floodplain Administrator”, is hereby
appointed to administer and implement the provisions of this ordinance. In instances where the
Floodplain Administrator receives assistance from others to complete tasks to administer and
implement this ordinance, the Floodplain Administrator shall be responsible for the
coordination and community’s overall compliance with the National Flood Insurance Program
and the provisions of this ordinance.
Floodplain development application, permit and certification requirements.
1. Application Requirements. Application for a Floodplain Development Permit shall be made
to the Floodplain Administrator prior to any development activities located within Special
Flood Hazard Areas. The following items shall be presented to the Floodplain
Administrator to apply for a floodplain development permit:
a. A plot plan drawn to scale which shall include, but shall not be limited to, the following
specific details of the proposed floodplain development:
i. the nature, location, dimensions, and elevations of the area of
development/disturbance; existing and proposed structures, utility systems,
grading/pavement areas, fill materials, storage areas, drainage facilities, and
other development;
ii. the boundary of the Special Flood Hazard Area as delineated on the FIRM or
other flood map as determined by this orinance, or a statement that the entire lot
is within the Special Flood Hazard Area;
iii. flood zone(s) designation of the proposed development area as determined on
the FIRM or other flood map as determined by this ordinance;
iv. the boundary of the floodway(s) or non-encroachment area(s) as determined in
this ordinance;
v. the Base Flood Elevation (BFE) where provided as set forth in this ordinance;
vi. the old and new location of any watercourse that will be altered or relocated as
a result of proposed development;
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vii. the certification of the plot plan by a registered land surveyor or professional
engineer.
b) Proposed elevation, and method thereof, of all development within a Special Flood
Hazard Area including but not limited to:
i. Elevation in relation to NAVD 1988 of the proposed reference level (including
basement) of all structures;
ii. Elevation in relation to NAVD 1988 to which any non-residential structure in
Zone AE, A, AH, A99 or AO will be flood-proofed; and
iii. Elevation in relation to NAVD 1988 to which any proposed utility systems will
be elevated or floodproofed.
c) If floodproofing, a Floodproofing Certificate (FEMA Form 81-65) with supporting data
and an operational plan that includes, but is not limited to, installation, exercise, and
maintenance of floodproofing measures.
d) A Foundation Plan, drawn to scale, which shall include details of the proposed
foundation system to ensure all provisions of this ordinance are met. These details
include but are not limited to:
i. The proposed method of elevation, if applicable (i.e., fill, solid foundation
perimeter wall, solid backfilled foundation, open foundation on
columns/posts/piers/piles/shear walls);
ii. Openings to facilitate automatic equalization of hydrostatic flood forces on walls
in accordance with this ordinance when solid foundation perimeter walls are
used in Zones A, AE, AH, AO and A99;
e) Usage details of any enclosed areas below the lowest floor.
f) Plans and/or details for the protection of public utilities and facilities such as sewer, gas,
electrical, and water systems to be located and constructed to minimize flood damage;
g) Certification that all other Local, State and Federal permits required prior to floodplain
development permit issuance have been received.
h) Documentation for placement of Recreational Vehicles and/or Temporary Structures,
when applicable, to ensure that the provisions of this ordinance are met.
i) A description of proposed watercourse alteration or relocation, when applicable,
including an engineering report on the effects of the proposed project on the flood-
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carrying capacity of the watercourse and the effects to properties located both upstream
and downstream; and a map (if not shown on plot plan) showing the location of the
proposed watercourse alteration or relocation.
2. Permit Requirements. The Floodplain Development Permit shall include, but not be limited
to:
a) A complete description of the development to be permitted under the floodplain
development permit (e.g. house, garage, pool, septic, bulkhead, cabana, pier, bridge,
mining, dredging, filling, grading, paving, excavation or drilling operations, or storage
of equipment or materials, etc.).
b) The Special Flood Hazard Area determination for the proposed development in
accordance with available data specified in this ordinance.
c) The regulatory flood protection elevation required for the reference level and all
attendant utilities.
d) The regulatory flood protection elevation required for the protection of all public
utilities.
e) All certification submittal requirements with timelines.
f) A statement that no fill material or other development shall encroach into the floodway
or non-encroachment area of any watercourse unless the requirements of this ordinance
have been met.
g) The flood openings requirements, if in Zones A, AO, AE, AH or A99.
3. Certification Requirements.
a) Elevation Certificates
i. An Elevation Certificate (FEMA Form 81-31) is required prior to the actual start
of any new construction. It shall be the duty of the permit holder to submit to
the Floodplain Administrator a certification of the elevation of the reference
level, in relation to mean sea level. The Floodplain Administrator shall review
the certificate data submitted. Deficiencies detected by such review shall be
corrected by the permit holder prior to the beginning of construction. Failure to
submit the certification or failure to make required corrections shall be cause to
deny a floodplain development permit.
ii. A final as-built Elevation Certificate (FEMA Form 81-31) is required after
construction is completed and prior to Certificate of Compliance/Occupancy
issuance. It shall be the duty of the permit holder to submit to the Floodplain
Administrator a certification of final as-built construction of the elevation of the
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reference level and all attendant utilities. The Floodplain Administrator shall
review the certificate data submitted. Deficiencies detected by such review shall
be corrected by the permit holder immediately and prior to Certificate of
Compliance/Occupancy issuance. In some instances, another certification may
be required to certify corrected as-built construction. Failure to submit the
certification or failure to make required corrections shall be cause to withhold
the issuance of a Certificate of Compliance/Occupancy.
b) Floodproofing Certificate
i. If non-residential floodproofing is used to meet the regulatory flood protection
elevation requirements, a Floodproofing Certificate (FEMA Form 81-65), with
supporting data, an operational plan, and an inspection and maintenance plan are
required prior to the actual start of any new construction. It shall be the duty of
the permit holder to submit to the Floodplain Administrator a certification of the
floodproofed design elevation of the reference level and all attendant utilities, in
relation to mean sea level. Floodproofing certification shall be prepared by or
under the direct supervision of a professional engineer or architect and certified
by same. The Floodplain Administrator shall review the certificate data, the
operational plan, and the inspection and maintenance plan. Deficiencies
detected by such review shall be corrected by the applicant prior to permit
approval. Failure to submit the certification or failure to make required
corrections shall be cause to deny a floodplain development permit. Failure to
c) Compare the cost to perform the improvement, the cost to repair a damaged building to
its pre-damaged condition, or the combined costs of improvements and repairs, if
applicable, to the market value of the building or structure;
d) Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage; and
e) Notify the applicant if it is determined that the work constitutes substantial improvement
or repair of substantial damage and that compliance with the flood resistant construction
requirements of the NC Building Code and this ordinance is required.
Duties and Responsibilities of the Floodplain Administrator
The Floodplain Administrator shall perform, but not be limited to, the following duties:
1. Review all floodplain development applications and issue permits for all proposed
development within Special Flood Hazard Areas to assure that the requirements of this
ordinance have been satisfied.
2. Review all proposed development within Special Flood Hazard Areas to assure that all
necessary Local, State and Federal permits have been received.
3. Notify adjacent communities and the North Carolina Department of Crime Control and
Public Safety, Division of Emergency Management, State Coordinator for the National
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Flood Insurance Program prior to any alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal Emergency Management Agency (FEMA).
4. Assure that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood-carrying capacity is maintained.
5. Prevent encroachments into floodways and non-encroachment areas unless the certification
and flood hazard reduction provisions of this ordinance are met.
6. Obtain actual elevation (in relation to mean sea level) of the reference level (including
basement) and all attendant utilities of all new and substantially improved structures, in
accordance with this ordinance.
7. Obtain actual elevation (in relation to mean sea level) to which all new and substantially
improved structures and utilities have been floodproofed, in accordance with the provisions
of this ordinance
8. Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance
with the provisions of this ordinance.
9. When floodproofing is utilized for a particular structure, obtain certifications from a
registered professional engineer or architect in accordance with the provisions of this
ordinance.
10. Where interpretation is needed as to the exact location of boundaries of the Special Flood
Hazard Areas, floodways, or non-encroachment areas (for example, where there appears to
be a conflict between a mapped boundary and actual field conditions), make the necessary
interpretation. The person contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as provided in this article.
11. When Base Flood Elevation (BFE) data has not been provided in accordance with this
ordinance, obtain, review, and reasonably utilize any Base Flood Elevation (BFE) data,
along with floodway data or non-encroachment area data available from a Federal, State, or
other source, including data developed pursuant to this ordinance, in order to administer the
provisions of this ordinance.
12. When Base Flood Elevation (BFE) data is provided but no floodway or non-encroachment
area data has been provided in accordance with this ordinance, obtain, review, and
reasonably utilize any floodway data or non-encroachment area data available from a
Federal, State, or other source in order to administer the provisions of this ordinance.
13. When the lowest floor and the lowest adjacent grade of a structure or the lowest ground
elevation of a parcel in a Special Flood Hazard Area is above the Base Flood Elevation,
advise the property owner of the option to apply for a Letter of Map Amendment (LOMA)
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from FEMA. Maintain a copy of the Letter of Map Amendment (LOMA) issued by FEMA
in the floodplain development permit file.
14. Permanently maintain all records that pertain to the administration of this ordinance and
make these records available for public inspection, recognizing that such information may
be subject to the Privacy Act of 1974, as amended.
15. Make on-site inspections of work in progress. As the work pursuant to a floodplain
development permit progresses, the floodplain administrator shall make as many
inspections of the work as may be necessary to ensure that the work is being done according
to the provisions of the local ordinance and the terms of the permit. In exercising this power,
the floodplain administrator has a right, upon presentation of proper credentials, to enter on
any premises within the jurisdiction of the community at any reasonable hour for the
purposes of inspection or other enforcement action.
16. Issue stop-work orders as required. Whenever a building or part thereof is being
constructed, reconstructed, altered, or repaired in violation of this ordinance, the Floodplain
Administrator may order the work to be immediately stopped. The stop-work order shall
be in writing and directed to the person doing or in charge of the work. The stop-work order
shall state the specific work to be stopped, the specific reason(s) for the stoppage, and the
condition(s) under which the work may be resumed. Violation of a stop-work order
constitutes a misdemeanor.
17. Revoke floodplain development permits as required. The Floodplain Administrator may
revoke and require the return of the floodplain development permit by notifying the permit
holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any
substantial departure from the approved application, plans, and specifications; for refusal or
failure to comply with the requirements of State or local laws; or for false statements or
misrepresentations made in securing the permit. Any floodplain development permit
mistakenly issued in violation of an applicable State or local law may also be revoked.
18. Make periodic inspections throughout the special flood hazard areas within the jurisdiction
of the community. The Floodplain Administrator and each member of his or her inspections
department shall have a right, upon presentation of proper credentials, to enter on any
premises within the territorial jurisdiction of the department at any reasonable hour for the
purposes of inspection or other enforcement action.
19. Follow through with corrective procedures of this ordinance.
20. Review, provide input, and make recommendations for variance requests.
21. Maintain a current map repository to include, but not limited to, the FIS Report, FIRM and
other official flood maps and studies adopted in accordance with this ordinance, including
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any revisions thereto including Letters of Map Change, issued by FEMA. Notify State and
FEMA of mapping needs.
22. Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision Based
on Fill (LOMR-F) and Letters of Map Revision (LOMR).
Corrective Procedures
1. Violations to be Corrected: When the Floodplain Administrator finds violations of
applicable State and local laws, it shall be his or her duty to notify the owner or occupant of
the building of the violation. The owner or occupant shall immediately remedy each of the
violations of law cited in such notification.
2. Actions in Event of Failure to Take Corrective Action: If the owner of a building or property
shall fail to take prompt corrective action, the Floodplain Administrator shall give the owner
written notice, by certified or registered mail to the owner’s last known address or by
personal service, stating:
a) that the building or property is in violation of the floodplain management regulations;
b) that a hearing will be held before the floodplain administrator at a designated place and
time, not later than ten (10) days after the date of the notice, at which time the owner
shall be entitled to be heard in person or by counsel and to present arguments and
evidence pertaining to the matter; and
c) that following the hearing, the Floodplain Administrator may issue an order to alter,
vacate, or demolish the building; or to remove fill as applicable.
3. Order to Take Corrective Action: If, upon a hearing held pursuant to the notice prescribed
above, the Floodplain Administrator shall find that the building or development is in
violation of the Flood Damage Prevention Ordinance, they shall issue an order in writing to
the owner, requiring the owner to remedy the violation within a specified time period, not
less than sixty (60) calendar days, nor more than 180 calendar days. Where the Floodplain
Administrator finds that there is imminent danger to life or other property, they may order
that corrective action be taken in such lesser period as may be feasible.
4. Appeal: Any owner who has received an order to take corrective action may appeal the
order to the local elected governing body by giving notice of appeal in writing to the
Floodplain Administrator and the clerk within ten (10) days following issuance of the final
order. In the absence of an appeal, the order of the Floodplain Administrator shall be final.
The local governing body shall hear an appeal within a reasonable time and may affirm,
modify and affirm, or revoke the order.
5. Failure to Comply with Order: If the owner of a building or property fails to comply with
an order to take corrective action for which no appeal has been made or fails to comply with
an order of the governing body following an appeal, the owner shall be guilty of a Class I
misdemeanor pursuant to NC G.S. § 143-215.58 and shall be punished at the discretion of
the court.
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Variance Procedures
1. The Board of Adjustment as established by Person County, hereinafter referred to as the
“appeal board”, shall hear and decide requests for variances from the requirements of this
ordinance.
2. Any person aggrieved by the decision of the appeal board may appeal such decision to the
Court, as provided in Chapter 7A of the North Carolina General Statutes.
3. Variances may be issued for:
a) the repair or rehabilitation of historic structures upon the determination that the proposed
repair or rehabilitation will not preclude the structure's continued designation as a
historic structure and that the variance is the minimum necessary to preserve the historic
character and design of the structure.
b) functionally dependent facilities if determined to meet the definition as stated in this
ordinance, provided provisions of this ordinancehave been satisfied, and such facilities
are protected by methods that minimize flood damages during the base flood and create
no additional threats to public safety.
c) any other type of development, provided it meets the requirements of this Section.
4. In passing upon variances, the appeal board shall consider all technical evaluations, all
relevant factors, all standards specified in other sections of this ordinance, and:
a) the danger that materials may be swept onto other lands to the injury of others;
b) the danger to life and property due to flooding or erosion damage;
c) the susceptibility of the proposed facility and its contents to flood damage and the effect
of such damage on the individual owner;
d) the importance of the services provided by the proposed facility to the community;
e) the necessity to the facility of a waterfront location as defined under this ordinance as a
functionally dependent facility, where applicable;
f) the availability of alternative locations, not subject to flooding or erosion damage, for
the proposed use;
g) the compatibility of the proposed use with existing and anticipated development;
h) the relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
i) the safety of access to the property in times of flood for ordinary and emergency
vehicles;
j) the expected heights, velocity, duration, rate of rise, and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site; and
k) the costs of providing governmental services during and after flood conditions including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical and
water systems, and streets and bridges.
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5. A written report addressing each of the above factors shall be submitted with the application
for a variance.
6. Upon consideration of the factors listed above and the purposes of this ordinance, the appeal
board may attach such conditions to the granting of variances as it deems necessary to
further the purposes and objectives of this ordinance.
7. Any applicant to whom a variance is granted shall be given written notice specifying the
difference between the Base Flood Elevation (BFE) and the elevation to which the structure
is to be built and that such construction below the Base Flood Elevation increases risks to
life and property, and that the issuance of a variance to construct a structure below the Base
Flood Elevation will result in increased premium rates for flood insurance up to $25 per
$100 of insurance coverage. Such notification shall be maintained with a record of all
variance actions, including justification for their issuance.
8. The Floodplain Administrator shall maintain the records of all appeal actions and report any
variances to the Federal Emergency Management Agency and the State of North Carolina
upon request.
9. Conditions for Variances:
a) Variances shall not be issued when the variance will make the structure in violation of
other Federal, State, or local laws, regulations, or ordinances.
b) Variances shall not be issued within any designated floodway or non-encroachment area
if the variance would result in any increase in flood levels during the base flood
discharge.
c) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
d) Variances shall only be issued prior to development permit approval.
e) Variances shall only be issued upon:
i. a showing of good and sufficient cause;
ii. a determination that failure to grant the variance would result in exceptional
hardship; and
iii. a determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, or extraordinary public expense,
create nuisance, cause fraud on or victimization of the public, or conflict with
existing local laws or ordinances.
10. No variance may be issued for solid waste disposal facilities, hazardous waste management
facilities, salvage yards, and chemical storage facilities that are located in Special Flood
Hazard Areas.
32-5 Provisions for Flood Hazard Reduction
General Standards
In all Special Flood Hazard Areas the following provisions are required:
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1. All new construction and substantial improvements shall be designed (or modified) and
adequately anchored to prevent flotation, collapse, and lateral movement of the structure.
2. All new construction and substantial improvements shall be constructed with materials and
utility equipment resistant to flood damage in accordance with the FEMA Technical
Bulletin 2, Flood Damage-Resistant Materials Requirements.
3. All new construction and substantial improvements shall be constructed by methods and
practices that minimize flood damages.
4. All new electrical, heating, ventilation, plumbing, air conditioning equipment, and other
service equipment shall be located at or above the RFPE or designed and installed to prevent
water from entering or accumulating within the components during the occurrence of the
base flood. These include, but are not limited to, HVAC equipment, water softener units,
bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, water
heaters, and electric outlets/switches.
a) Replacements part of a substantial improvement, electrical, heating, ventilation,
plumbing, air conditioning equipment, and other service equipment shall also meet the
above provisions.
b) Replacements that are for maintenance and not part of a substantial improvement, may
be installed at the original location provided the addition and/or improvements only
comply with the standards for new construction consistent with the code and
requirements for the original structure.
5. All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system.
6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharges from the systems into flood
waters.
7. On-site waste disposal systems shall be located and constructed to avoid impairment to them
or contamination from them during flooding.
8. Nothing in this ordinance shall prevent the repair, reconstruction, or replacement of a
building or structure existing on the effective date of this ordinance and located totally or
partially within the floodway, non-encroachment area, or stream setback, provided there is
no additional encroachment below the regulatory flood protection elevation in the floodway,
non-encroachment area, or stream setback, and provided that such repair, reconstruction, or
replacement meets all of the other requirements of this ordinance.
9. New solid waste disposal facilities and sites, hazardous waste management facilities,
salvage yards, and chemical storage facilities shall not be permitted, except by variance as
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specified in this ordinance. A structure or tank for chemical or fuel storage incidental to an
allowed use or to the operation of a water treatment plant or wastewater treatment facility
may be located in a Special Flood Hazard Area only if the structure or tank is either elevated
or floodproofed to at least the regulatory flood protection elevation and certified in
accordance with the provisions of this ordinance.
10. All subdivision proposals and other development proposals shall be consistent with the need
to minimize flood damage.
11. All subdivision proposals and other development proposals shall have public utilities and
facilities such as sewer, gas, electrical, and water systems located and constructed to
minimize flood damage.
12. All subdivision proposals and other development proposals shall have adequate drainage
provided to reduce exposure to flood hazards.
13. All subdivision proposals and other development proposals shall have received all necessary
permits from those governmental agencies for which approval is required by Federal or
State law, including Section 404 of the Federal Water Pollution Control Act Amendments
of 1972, 33 U.S.C. 1334.
14. When a structure is partially located in a special flood hazard area, the entire structure shall
meet the requirements for new construction and substantial improvements.
15. When a structure is located in multiple flood hazard zones or in a flood hazard risk zone
with multiple base flood elevations, the provisions for the more restrictive flood hazard risk
zone and the highest base flood elevation shall apply.
Specific Standards
In all Special Flood Hazard Areas where Base Flood Elevation (BFE) data has been provided,
as set forth in this ordinance, are required:
1. Residential Construction. New construction and substantial improvement of any residential
structure (including manufactured homes) shall have the reference level, including
basement, elevated no lower than the regulatory flood protection elevation, as defined in
this ordinance.
2. Non-Residential Construction. New construction and substantial improvement of any
commercial, industrial, or other non-residential structure shall have the reference level,
including basement, elevated no lower than the regulatory flood protection elevation, as
defined in this ordinance. Structures located in A, AE, AH, AO, and A99 Zones may be
floodproofed to the regulatory flood protection elevation in lieu of elevation provided that
all areas of the structure, together with attendant utility and sanitary facilities, below the
regulatory flood protection elevation are watertight with walls substantially impermeable to
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the passage of water, using structural components having the capability of resisting
hydrostatic and hydrodynamic loads and the effect of buoyancy. For AO Zones, the
floodproofing elevation shall be in accordance with this ordinance. A registered
professional engineer or architect shall certify that the standards of this subsection are
satisfied. Such certification shall be provided to the Floodplain Administrator as set forth
inthis ordinance, along with the operational and maintenance plans.
3. Manufactured Homes.
a) New and replacement manufactured homes shall be elevated so that the reference level
of the manufactured home is no lower than the regulatory flood protection elevation, as
defined in this ordinance.
b) Manufactured homes shall be securely anchored to an adequately anchored foundation
to resist flotation, collapse, and lateral movement, either by certified engineered
foundation system, or in accordance with the most current edition of the State of North
Carolina Regulations for Manufactured Homes adopted by the Commissioner of
Insurance pursuant to NCGS 143-143.15. Additionally, when the elevation would be
met by an elevation of the chassis thirty-six (36) inches or less above the grade at the
site, the chassis shall be supported by reinforced piers or engineered foundation. When
the elevation of the chassis is above thirty-six (36) inches in height, an engineering
certification is required.
c) All enclosures or skirting below the lowest floor shall meet the requirements this
ordinance.
d) An evacuation plan must be developed for evacuation of all residents of all new,
substantially improved or substantially damaged manufactured home parks or
subdivisions located within flood prone areas. This plan shall be filed with and approved
by the Floodplain Administrator and the local Emergency Management coordinator.
4. Elevated Buildings. Fully enclosed area, of new construction and substantially improved
structures, which is below the lowest floor:
a) shall not be designed or used for human habitation, but shall only be used for parking
of vehicles, building access, or limited storage of maintenance equipment used in
connection with the premises. Access to the enclosed area shall be the minimum
necessary to allow for parking of vehicles (garage door) or limited storage of
maintenance equipment (standard exterior door), or entry to the living area (stairway or
elevator). The interior portion of such enclosed area shall not be finished or partitioned
into separate rooms, except to enclose storage areas;
b) shall not be temperature-controlled or conditioned;
c) shall be constructed entirely of flood resistant materials at least to the regulatory flood
protection elevation;
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d) shall include, in Zones A, AO, AE, AH and A99, flood openings to automatically
equalize hydrostatic flood forces on walls by allowing for the entry and exit of
floodwaters. To meet this requirement, the openings must either be certified by a
professional engineer or architect or meet or exceed the following minimum design
criteria:
i. A minimum of two flood openings on different sides of each enclosed area
subject to flooding;
ii. The total net area of all flood openings must be at least one (1) square inch for
each square foot of enclosed area subject to flooding;
iii. If a building has more than one enclosed area, each enclosed area must have
flood openings to allow floodwaters to automatically enter and exit;
iv. The bottom of all required flood openings shall be no higher than one (1) foot
above the adjacent grade;
v. Flood openings may be equipped with screens, louvers, or other coverings or
devices, provided they permit the automatic flow of floodwaters in both
directions; and
vi. Enclosures made of flexible skirting are not considered enclosures for regulatory
purposes, and, therefore, do not require flood openings. Masonry or wood
underpinning, regardless of structural status, is considered an enclosure and
requires flood openings as outlined above.
5. Additions/Improvements.
a) Additions and/or improvements to pre-FIRM structures when the addition and/or
improvements in combination with any interior modifications to the existing structure
are:
i. not a substantial improvement, the addition and/or improvements must be
designed to minimize flood damages and must not be any more non-conforming
than the existing structure.
ii. a substantial improvement, both the existing structure and the addition and/or
improvements must comply with the standards for new construction.
b) Additions to post-FIRM structures with no modifications to the existing structure other
than a standard door in the common wall shall require only the addition to comply with
the standards for new construction.
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c) Additions and/or improvements to post-FIRM structures when the addition and/or
improvements in combination with any interior modifications to the existing structure
are:
i. not a substantial improvement, the addition and/or improvements only must
comply with the standards for new construction.
ii. a substantial improvement, both the existing structure and the addition and/or
improvements must comply with the standards for new construction.
d) Any combination of repair, reconstruction, rehabilitation, addition or improvement of a
building or structure taking place during a one (1) year period, the cumulative cost of
which equals or exceeds 50 percent of the market value of the structure before the
improvement or repair is started must comply with the standards for new construction.
For each building or structure, the one (1) year period begins on the date of the first
improvement or repair of that building or structure subsequent to the effective date of
this ordinance. Substantial damage also means flood-related damage sustained by a
structure on two separate occasions during a 10-year period for which the cost of repairs
at the time of each such flood event, on the average, equals or exceeds 25 percent of the
market value of the structure before the damage occurred. If the structure has sustained
substantial damage, any repairs are considered substantial improvement regardless of
the actual repair work performed. The requirement does not, however, include either:
i. Any project for improvement of a building required to correct existing
health, sanitary or safety code violations identified by the building official
and that are the minimum necessary to assume safe living conditions.
ii. Any alteration of a historic structure provided that the alteration will not
preclude the structure’s continued designation as a historic structure.
6. Recreational Vehicles. Recreational vehicles shall either:
a) Temporary Placement
i. Be on site for fewer than 180 consecutive days; or
ii. Be fully licensed and ready for highway use. (A recreational vehicle is ready
for highway use if it is on its wheels or jacking system, is attached to the site
only by quick disconnect type utilities, and has no permanently attached
additions.)
b) Permanent Placement. Recreational vehicles that do not meet the limitations of
Temporary Placement shall meet all the requirements for new construction.
7. Temporary Non-Residential Structures. Prior to the issuance of a floodplain development
permit for a temporary structure, the applicant must submit to the Floodplain Administrator
a plan for the removal of such structure(s) in the event of a hurricane, flash flood or other
type of flood warning notification. The following information shall be submitted in writing
to the Floodplain Administrator for review and written approval:
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a) a specified time period for which the temporary use will be permitted. Time specified
may not exceed three (3) months, renewable up to one (1) year;
b) the name, address, and phone number of the individual responsible for the removal of
the temporary structure;
c) the time frame prior to the event at which a structure will be removed (i.e., minimum of
72 hours before landfall of a hurricane or immediately upon flood warning notification);
d) a copy of the contract or other suitable instrument with the entity responsible for
physical removal of the structure; and
e) designation, accompanied by documentation, of a location outside the Special Flood
Hazard Area, to which the temporary structure will be moved.
8. Accessory Structures. When accessory structures (sheds, detached garages, etc.) are to be
placed within a Special Flood Hazard Area, the following criteria shall be met:
a) Accessory structures shall not be used for human habitation (including working,
sleeping, living, cooking or restroom areas);
b) Accessory structures shall not be temperature-controlled;
c) Accessory structures shall be designed to have low flood damage potential;
d) Accessory structures shall be constructed and placed on the building site so as to offer
the minimum resistance to the flow of floodwaters;
e) Accessory structures shall be firmly anchored in accordance with the provisions of this
ordinance;
f) All service facilities such as electrical shall be installed in accordance with the
provisions of this ordinance; and
g) Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be
provided below regulatory flood protection elevation in conformance with the
provisions of this ordinance.
i. An accessory structure with a footprint less than 150 square feet that satisfies the
criteria outlined above does not require an elevation or floodproofing certificate.
Elevation or floodproofing certifications are required for all other accessory
structures in accordance with this ordinance.
9. Tanks. When gas and liquid storage tanks are to be placed within a Special Flood Hazard
Area, the following criteria shall be met:
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a) Underground tanks. Underground tanks in flood hazard areas shall be anchored to
prevent flotation, collapse or lateral movement resulting from hydrodynamic and
hydrostatic loads during conditions of the design flood, including the effects of
buoyancy assuming the tank is empty;
b) Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be
elevated to or above the Regulatory Flood Protection Elevation on a supporting structure
that is designed to prevent flotation, collapse or lateral movement during conditions of
the design flood. Tank-supporting structures shall meet the foundation requirements of
the applicable flood hazard area;
c) Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation
requirements of this ordinance shall be permitted in flood hazard areas provided the
tanks are designed, constructed, installed, and anchored to resist all flood-related and
other loads, including the effects of buoyancy, during conditions of the design flood and
without release of contents in the floodwaters or infiltration by floodwaters into the
tanks. Tanks shall be designed, constructed, installed, and anchored to resist the
potential buoyant and other flood forces acting on an empty tank during design flood
conditions.
d) Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
i. At or above the Regulatory Flood Protection Elevation or fitted with covers
designed to prevent the inflow of floodwater or outflow of the contents of the
tanks during conditions of the design flood; and
ii. Anchored to prevent lateral movement resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy, during conditions of the
design flood.
10. Other Development.
a) Fences in regulated floodways and NEAs that have the potential to block the passage
of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations
of this ordinance.
b) Retaining walls, sidewalks and driveways in regulated floodways and NEAs.
Retaining walls and sidewalks and driveways that involve the placement of fill in
regulated floodways shall meet the limitations of this ordinance.
c) Roads and watercourse crossings in regulated floodways and NEAs. Roads and
watercourse crossings, including roads, bridges, culverts, low-water crossings and
similar means for vehicles or pedestrians to travel from one side of a watercourse to
the other side, that encroach into regulated floodways shall meet the limitations of this
ordinance.
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Reserved
Standards For Floodplains Without Established Base Flood Elevations.
Within the Special Flood Hazard Areas designated as Approximate Zone A and established in
this ordinance, where no Base Flood Elevation (BFE) data has been provided by FEMA, the
following provisions, in addition to the provisions of this ordinance, shall apply:
1. No encroachments, including fill, new construction, substantial improvements or new
development shall be permitted within a distance of twenty (20) feet each side from top of
bank or five times the width of the stream, whichever is greater, unless certification with
supporting technical data by a registered professional engineer is provided demonstrating
that such encroachments shall not result in any increase in flood levels during the occurrence
of the base flood discharge.
2. The BFE used in determining the regulatory flood protection elevation shall be determined
based on the following criteria:
a) When Base Flood Elevation (BFE) data is available from other sources, all new
construction and substantial improvements within such areas shall also comply with all
applicable provisions of this ordinance and shall be elevated or floodproofed in
accordance with standards in this ordinance.
b) When floodway or non-encroachment data is available from a Federal, State, or other
source, all new construction and substantial improvements within floodway and non-
encroachment areas shall also comply with the requirements of this ordinance.
c) All subdivision, manufactured home park and other development proposals shall
provide Base Flood Elevation (BFE) data if development is greater than five (5) acres
or has more than fifty (50) lots/manufactured home sites. Such Base Flood Elevation
(BFE) data shall be adopted by reference in accordance with this ordinance and utilized
in implementing this ordinance.
d) When Base Flood Elevation (BFE) data is not available from a Federal, State, or other
source as outlined above, the reference level shall be elevated or floodproofed
(nonresidential) to or above the Regulatory Flood Protection Elevation, as defined in
this ordinance.
Standards For Riverine Floodplains With Bfe But Without Established Floodways Or Non-
Encroachment Areas.
Along rivers and streams where BFE data is provided by FEMA or is available from another
source but neither floodway nor non-encroachment areas are identified for a Special Flood
Hazard Area on the FIRM or in the FIS report, the following requirements shall apply to all
development within such areas:
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1. Standards of this ordinance; and
2. Until a regulatory floodway or non-encroachment area is designated, no encroachments,
including fill, new construction, substantial improvements, or other development, shall be
permitted unless certification with supporting technical data by a registered professional
engineer is provided demonstrating that the cumulative effect of the proposed development,
when combined with all other existing and anticipated development, will not increase the
water surface elevation of the base flood more than one (1) foot at any point within the
community.
Floodways and Non-Encroachment Areas
Areas designated as floodways or non-encroachment areas are located within the Special Flood
Hazard Areas established in this ordinance. The floodways and non-encroachment areas are
extremely hazardous areas due to the velocity of floodwaters that have erosion potential and
carry debris and potential projectiles. The following provisions, in addition to standards
outlined in this ordinance, shall apply to all development within such areas:
1. No encroachments, including fill, new construction, substantial improvements and other
developments shall be permitted unless:
a) it is demonstrated that the proposed encroachment would not result in any increase in
the flood levels during the occurrence of the base flood, based on hydrologic and
hydraulic analyses performed in accordance with standard engineering practice and
presented to the Floodplain Administrator prior to issuance of floodplain development
permit, or
b) a Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter
of Map Revision (LOMR) must also be obtained upon completion of the proposed
encroachment.
2. If this ordinanceis satisfied, all development shall comply with all applicable flood hazard
reduction provisions of this ordinance.
3. No manufactured homes shall be permitted, except replacement manufactured homes in an
existing manufactured home park or subdivision, provided the following provisions are met:
a) the anchoring and the elevation standards of this ordinance; and
b) the no encroachment standard of this ordinance.
Standards For Areas Of Shallow Flooding (Zone Ao).
Located within the Special Flood Hazard Areas established in this ordinance, are areas
designated as shallow flooding areas. These areas have special flood hazards associated with
base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and
where the path of flooding is unpredictable and indeterminate. In addition to this ordinance, all
new construction and substantial improvements shall meet the following requirements:
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1. The reference level shall be elevated at least as high as the depth number specified on the
Flood Insurance Rate Map (FIRM), in feet, plus a freeboard of 2 feet, above the highest
adjacent grade; or at least 2 feet above the highest adjacent grade if no depth number is
specified.
2. Non-residential structures may, in lieu of elevation, be floodproofed to the same level as
required in this ordinanceso that the structure, together with attendant utility and sanitary
facilities, below that level shall be watertight with walls substantially impermeable to the
passage of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required in
accordance with this ordinance
3. Adequate drainage paths shall be provided around structures on slopes, to guide floodwaters
around and away from proposed structures.
Standards For Areas Of Shallow Flooding (Zone Ah).
Located within the Special Flood Hazard Areas established in this ordinance, are areas
designated as shallow flooding areas. These areas are subject to inundation by 1-percent-
annual-chance shallow flooding (usually areas of ponding) where average depths are one (1) to
three (3) feet. Base Flood Elevations are derived from detailed hydraulic analyses are shown in
this zone. In addition to this ordinance, all new construction and substantial improvements shall
meet the following requirements:
1. Adequate drainage paths shall be provided around structures on slopes, to guide floodwaters
around and away from proposed structures.
32-6 Legal Status Provisions.
Effect On Rights And Liabilities Under The Existing Flood Damage Prevention Ordinance.
This ordinance in part comes forward by re-enactment of some of the provisions of the flood
damage prevention ordinance enacted February 19, 1990 as amended, and it is not the intention
to repeal but rather to re-enact and continue to enforce without interruption of such existing
provisions, so that all rights and liabilities that have accrued thereunder are reserved and may
be enforced. The enactment of this ordinance shall not affect any action, suit or proceeding
instituted or pending. All provisions of the flood damage prevention ordinance of Person
County enacted on February 19, 1990, as amended, which are not reenacted herein are repealed.
Effect Upon Outstanding Floodplain Development Permits.
Nothing herein contained shall require any change in the plans, construction, size, or designated
use of any development or any part thereof for which a floodplain development permit has been
granted by the floodplain administrator or his or her authorized agents before the time of passage
of this ordinance; provided, however, that when construction is not begun under such
outstanding permit within a period of six (6) months subsequent to the date of issuance of the
outstanding permit, construction or use shall be in conformity with the provisions of this
ordinance.
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PERSON COUNTY PLANNING ORDINANCE
Severability
If any section, clause, sentence, or phrase of the Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect
the validity of the remaining portions of this Ordinance.
Effective Date
This ordinance shall become effective upon adoption.
Adoption Certification
I hereby certify that this is a true and correct copy of the Flood Damage Prevention Ordinance
as adopted by the Board of County Commissioners of Person County, North Carolina. This
ordinance shall become effective upon adoption and supersedes any previous versions of the
ordinance.
Adopted, this, the 6th day of January 2020.
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ARTICLE IV - BONA FIDE FARMS
The provisions of this ordinance shall apply to all land as shown on the Official Planning Map(s) of
Person County, North Carolina. This ordinance shall in no way regulate, restrict, or prohibit any bona
fide farm and its related uses, but any use of such property for non-farm purposes shall be subject to
such regulations.
On-site marketing of farm products produced on the premises shall be exempt from the provisions of
this Ordinance where compliance with Table of Permitted Uses, Note One is assured.
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PERSON COUNTY PLANNING ORDINANCE
ARTICLE V - ESTABLISHMENT OF DISTRICTS
SECTION 51 – INTERPRETATION OF DISTRICT BOUNDARIES
51-1 The locations and boundaries of each of the planning districts shall be shown on the map
accompanying this ordinance and made a part hereof, entitled, "Official Planning Map, Person
County, North Carolina," and adopted by the Board of County Commissioners. The Planning
Map and all the notations, references and amendments thereto, and other information shown are
hereby made a part of this ordinance. The Planning Map shall be kept on file in the office of
Planning and Zoning and shall be available for inspection by the public.
51-2 Where uncertainty exists with respect to the location of certain boundaries of districts as shown
on the Official Planning Map, the following rules shall apply:
1. Boundaries indicated as approximately following the centerline of streets, highways, alleys,
streams, rivers, lakes, or other bodies of water shall be construed to follow such centerlines.
2. Boundaries indicated as approximately following platted lot lines shall be construed to
follow such lot lines.
3. Distances not specifically indicated on the Official Planning Map shall be determined by
the scale of the map.
4. Where physical and cultural features existing on the ground are at variance with those shown
on the Official Planning Map, or in other circumstances not covered by subsections 50-2(a)
through 50-2 (c) above, the Board of Adjustment shall interpret the district boundaries.
5. Where a district boundary line divides a lot which was in single ownership at the time of
passage of this ordinance, the Board of Adjustment may permit the extension of the
regulations for either portion of the lot not to exceed two hundred and fifty (250) feet beyond
the district line into the remaining portion of the lot.
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PERSON COUNTY PLANNING ORDINANCE
ARTICLE VI – APPLICATION OF DISTRICT REGULATIONS
(Amended 11/17/2003; 08/2/2010; 5/3/21)
SECTION 61 – GENERAL REGULATIONS
61-1 Except as hereinafter provided, the regulations set by this ordinance within each district shall
be minimum regulations and shall apply uniformly to each class or kind of structure or land.
61-2 Notwithstanding nonconforming uses as herein defined, no building, structure, or land shall
hereafter be used or occupied, and no building or structure or part thereof, shall hereafter be
erected, constructed, reconstructed, moved or structurally altered except in conformity with all
the regulations as specified herein for the district in which it is located.
61-3 No part of a yard or other open space required about or in connection with any building for the
purpose of complying with this ordinance shall be included as a part of a yard or other open
space similarly required for any other building or use.
61-4 No yard setbacks or lot existing at the time of passage of this ordinance shall be reduced in
dimension or area below the minimum requirements set forth herein.
61-5 Unless otherwise specified in this ordinance, accessory buildings may be allowed within five
(5) feet of rear and side yard lot lines (Amended 6/3/2013)
61-6 (Deleted 6/3/2013)
1. Accessory structures may be placed in the front yard, if at least 25ft from the front property
line. For lots located on NC and US highways, accessory structures may be placed in the
front yard, if at least 40ft from the front property line. (Added 6/3/2013)
2. Accessory buildings shall be allowed on a lot upon which a primary dwelling, multifamily
dwelling, business use or industrial use exists. (Added 6/3/2013) Accessory buildings shall
also be allowed on lots adjacent to and under common ownership to the parcel where the
principal structure is located or within 1,000 feet of the aforementioned parcel (as measured
from property line to property line) to the extent that the principal use itself would be
allowed. (Amended 11/16/20)
3. 1 and 2 shall not apply to any barns, hay sheds, or similar structures existing prior to the
adoption of this amendment; however, this Ordinance shall apply to any new construction
of these structures. (Added 6/3/2013)
61-7 Campers and Recreational Vehicles shall not be used for dwelling purposes on individual lots
but can be stored provided they are registered to the owner of the lot and there is an existing
dwelling. There shall only be one camper/recreational vehicle stored per lot. A Special Use
Permit will be required for storage of more than one camper/recreational vehicle and property
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PERSON COUNTY PLANNING ORDINANCE
owner and camper/recreational vehicle owner must be the same. (Added 8/2/2010; amended
5/3/21)
61-8 Use of one camper/recreational vehicle shall be permitted as an accessory dwelling on an
improved lot or on an unimproved lot or tract for a period not to exceed two continuous weeks.
A four week interval shall be required between each allowed use. A tract of land owned by a
single owner may not be subdivided into multiple lots for the purpose of evading this section.
(Added 8/2/2010)
61-9 Nothing in this ordinance shall be construed to interfere with the operation of any valid covenant
or condition which runs with the land or shall be construed to allow noncompliance with any
building or environmental law, rule or ordinance. (Added 8/2/2010).
SECTION 62 – RESIDENTIAL DENSITY OPTIONS (AMENDED 11/18/2025)
62-1 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.
62-2 In the RC district, any lot may contain multiple dwelling units when all of the following
conditions exist:
1. The density of the parcel remains at or below the density of 1 dwelling per acre.
2. Adequate well and septic sites exist for the total number of bedrooms proposed in all
dwellings, as evidenced by approval from Environmental Health.
3. 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.
4. 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 aformal survey.
5. 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:
a) Single family dwelling
b) Garage apartments and other accessory dwelling units or tiny homes built to the
residential building code.
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PERSON COUNTY PLANNING ORDINANCE
c) 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)
d) 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)
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PERSON COUNTY PLANNING ORDINANCE
ARTICLE VII – DISTRICT REGULATIONS
Description Of General Use And Conditional Districts
(Amended 8-17-92, 11/16/20; 5/3/21)
Words used in present tense include the future tense.
Words used in the singular number include the plural and words used in the plural number
include the singular.
The word person includes a firm, joint venture, association, organization, partnership,
corporation, trust and company, as well as an individual.
The word lot includes the word "plot" or "parcel".
The word "building" includes the word "structure".
The word "shall" is always mandatory and not merely directory.
The words "uses" or "occupied" as applied to any land or building shall be construed to include
the words "intended, arranged, or designed to be used or occupied."
The words "Planning Map" or "Official Person County Planning Map" shall mean the planning
map of Person County, North Carolina.
70-1 The following general use zoning districts are hereby established:
1. R Residential District: The purpose of this district is to provide for single family residential
uses and compatible development.
2. B-2 Neighborhood Shopping: The purpose of this district shall be to provide for small
clusters of retail service and other commercial development which would be compatible
with nearby residential areas.
3. 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.
4. GI General Industrial District: The purpose of this district shall be to provide suitable
locations for wholesale, distribution, warehousing, fabrication and processing of both light
and heavy industrial production natures. (Amended 11/16/20)
5. AP Airport District: The purpose of this district shall be to provide an overlay district which
establishes land use regulations for areas adjacent to the Person County Executive Airport.
Specific requirements for the Airport District are set forth in this ordinance.
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PERSON COUNTY PLANNING ORDINANCE
6. RC Rural Conservation District: The purpose of this district shall be to provide for only
limited land use controls in areas with limited nonagricultural development.
70-2 The following Conditional Districts are hereby established.
1. A Conditional District, bearing the designation CD, is hereby established as a companion
district for every district established in Section 70-1 (a-f). These districts are CD-R, CD-B-
2, CD-B-1, CD-GI, CD-AP, and CD-R-C. All regulations which apply to a general use
zoning district also apply to the companion special use district. All other regulations which
may be offered by the property owner and approved by Person County as part of the
rezoning process, shall also apply.
SECTION 71 – DEFINITIONS
(Amended 09/09/2019, 11/16/20; 5/3/21, 8/4/25, 11/3/25, 11/18/25)
Accessory Building - An accessory building, structure or use is a building or structure or use on
the same lot or site with, or of a nature customarily incidental or subordinate to, and of a
character related to the principal use or structure except as specifically provided elsewhere in
the Ordinance. Accessory buildings are, but not limited to: sheds, garages, lean-to, storage
building, carports, pool, but not to include well houses (not to exceed 6’ x 6’), and gazebo or
pool house if attached to footprint of pool. (Amended 6/3/2013, 11/16/20)
Accessory Use - A subordinate use clearly incidental to the principal use of a zoning lot. (Def.
Addition 1/11/96)
Administrative Decision - Decisions made in the implementation, administration, or
enforcement of development regulations that involve the determination of facts and the
application of objective standards set forth in local government development regulations. These
are sometimes referred to as ministerial decisions or administrative determinations. (Added
5/3/21)
Agriculture Or Farm Use - The science or art of cultivating the soil and its fruits, especially in
large areas or fields, and the rearing, feeding, and management of livestock thereon, including
every process and step necessary and incidental to the completion of products there from for
consumption or market and the incidental turning of them to account. This includes tenant
housing built for farm workers, but not to the construction of houses built for family members
or others who do not make their living from the farm; and to the storage, processing, and sale
of agricultural products raised on the premises.
Airport Elevation - 609.4 feet above mean sea level.
Approach Surface - A surface longitudinally centered on the extended runway centerline,
extending outward and upward from the end of the primary surface and at the same slope as the
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approach zone height limitation slope set forth in Section IV of this Ordinance. In plan the
perimeter of the approach surface coincides with the perimeter of the approach zone.
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. (Added
11/18/25)
Automobile Repair Shop - An establishment which is maintained and operated for the primary
purpose of making mechanical and/ or body repairs to motor vehicles (Added 11/18/25)
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. (Added 11/18/25)
Best Management Practice (Bmp's) - A structural or nonstructural management-based practice
used singularly or in combination to reduce nonpoint source inputs to receiving waters in order
to achieve water quality protection goals.
Billboard - An off-premise advertising sign designed for the display of information and/or
advertising. (Def. Added 3/17/97)
Board Of Adjustment - A body appointed by the County Commisioners to perform the duties
described in Section 144. (Amended 8/4/25)
Brewery - A legal establishment for the production and packaging of malt beverages for
distribution, retail, wholesale, on or off-premise.
Buffer - Natural or vegetated area through which stormwater run-off flows in a diffuse manner
so that the run-off does not become channelized and provided for infiltration of run-off and
filtering of pollutants. The buffer is measured landward from the normal pool evaluation of
impounded structures and from the bank of each side of perennial streams or rivers. The area
shall be included in the calculation of minimum lot size required by this ordinance.
Building - Any structure used or intended for supporting or sheltering any use or occupancy
(Amended 5/3/2021)
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PERSON COUNTY PLANNING ORDINANCE
Building Line - A line running parallel (as determined by the actual location of the building on
the lot), with the front, side or rear of a building. (Amended 2-1-93)
Built Upon Area - That portion of a development project that is covered by impervious or
partially impervious cover including buildings, pavement, gravel areas (e.g. roads, parking lots,
and paths), recreation facilities (e.g. tennis courts), etc. (Note: Wooden slatted decks and the
water area of a swimming pool are considered pervious). (Amended 11/3/97)
Camper/Recreational Vehicle - A vehicular type unit designed as temporary living quarters for
recreational, camping, or travel use, which either has its own motive power or is mounted on or
drawn by another vehicle. The basic entities are travel trailer, camping trailer, and truck camper
and motor home. (Def. added 8/2/2010)
Camper/Recreational Vehicle Park - Any site or tract of land upon which two or more
recreational vehicles or tent spaces are provided for occupancy according to the requirements
set forth in this ordinance. (Def. added 8/2/2010)
Certificate Of Occupancy - A statement signed by the Zoning Enforcement Officer setting forth
that the building, structure, or use complies with the Planning Ordinance and any applicable
construction codes, and that the same may be used for the purposes stated herein.
Commercial Modular Building - A manufactured building designed to be used as a multi-family
dwelling unit (3 or more families) or as a commercial structure which has been constructed in
and labeled indicating compliance with the North Carolina State Building Code. (Def. Added
5/5/97)
Conditional Zoning – A legislative zoning map amendment with site-specific conditions
incorporated into the zoning map amendment. (Added: 5/3/21)
Conical Surface - A surface extending outward and upward from the periphery of the horizontal
surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.
Construction Site Identification Sign - A sign which identifies architects, engineers, contractors,
and other individual s or firms involved with construction on the premises, the name of the
building or development and/or the expected completion date. (Def. Added 3/17/97)
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. (Added 11/18/25)
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PERSON COUNTY PLANNING ORDINANCE
County Governmental Facility - A County owned building or land use for a public purpose or
activity that protects the public health, safety or general welfare. (Ref. Added 2/3/97)
Critical Area - The area adjacent to a water supply intake or reservoir where risk associated
with pollution is greater than from the remaining portions of the watershed. The critical area is
defined as extending either 1/2 mile from the normal pool elevation of the reservoir in which
the intake is located or to the ridgeline of the watershed whichever comes first; or 1/2 mile
upstream and draining to the intake located in the stream or river (run-of-the-river), or to the
ridgeline of the watershed (whichever comes first).
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. (Added 11/18/25)
Determination - A written, final, and binding order, requirement, or determination regarding an
administrative decision. (Added: 5/3/21)
Developer - A person, including a governmental agency or redevelopment authority, who
undertakes any development and who is the landowner of the property to be developed or who
has been authorized by the landowner to undertake development on that property. (Added
5/3/21)
Development - The construction, erection, alteration, enlargement, renovation, substantial
repair, movement to another site, or demolition of any structure. This includes any land
disturbing activity which adds to or changes the amount of impervious or partially impervious
cover on a land area or which otherwise decreases the infiltration of perception into the soil.
(Rev. 5/3/21)
Development Approval - An administrative or quasi-judicial approval made pursuant to this
Ordinance that is written and that is required prior to commencing development or undertaking
a specific activity, project, or development proposal. Development approvals include, but are
not limited to, zoning permits, site plan approvals, special use permits, variances, and
certificates of appropriateness. The term also includes all other regulatory approvals required
by regulations adopted pursuant to this Ordinance, including plat approvals, permits issued,
development agreements entered into, and building permits issued. (Added 5/3/21)
Development Regulation - A unified development ordinance, zoning regulation, subdivision
regulation, erosion and sedimentation control regulation, floodplain or flood damage prevention
regulation, mountain ridge protection regulation, stormwater control regulation, wireless
telecommunication facility regulation, historic preservation or landmark regulation, housing
code, State Building Code enforcement, or any other regulation adopted pursuant to this
Ordinance, or a local act or charter that regulates land use or development. (Added 5/3/21)
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Discharging Landfill - A landfill which discharges treated leachate and which requires a
National Pollution Discharge Elimination System (NPDES) permit. (Amended 11/3/97)
Distillery - A legal establishment for the manufacture, blending, fermentation, processing and
packaging of distilled alcohol spirits for distribution, retail, or wholesale, on or off-premise.
The establishment may have tours of the facility, tastings of the products produced on-site, and
periodic events. Such facility must comply with all ABC commission laws and permits.
Double-Frontage Lot - A lot with street frontage along two opposite boundaries.
Du - A dwelling unit.
Dwelling - A building that contains one or two dwelling units used, intended or designed to be
used, rented, leased, let or hired out to be occupied for living purposes. (Added 5/3/21)
Dwelling, 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. (Added 11/18/25)
Dwelling Unit - A single unit providing complete, independent living facilities for one or more
persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
(Revised 5/3/21)
Erect - To build, construct, rebuild, reconstruct as the same are commonly defined.
Event Center - A commercial establishment and associated grounds engaged in the hosting and
production of pre-planned events like weddings, corporate parties, or reunions. Typical
accessory uses include kitchens or meal preparation space, limited overnight accommodations,
photography studios, facilities to accommodate live or recorded music, on- and off-site parking
and outdoor recreation facilities. (Amended 9/9/19)
Evidentiary Hearing - A hearing to gather competent, material, and substantial evidence in
order to make findings for a quasi-judicial decision required by a development regulation
adopted under this Ordinance. (Added 5/3/21)
Family - One or more persons related by blood, adoption or marriage, or a group of not more
than five (5) persons not related by blood, adoption or marriage living together as a single
housekeeping group in a dwelling unit.
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Family Care Home - As defined in G.S. 160-D-907, a home with support and supervisory
personnel that provides room and board, personal care and habitation services in a family
environment for not more than six (6) resident handicapped persons. (Amended 8/4/25)
Firearms Training/Education Center – The use of a property for the discharge of archery
devices and/or firearms, with a fee or membership basis, indoors or outdoors. The use shall not
operate beyond daylight hours (sunrise to sunset). The purpose of the discharge may be for
skills development, training or competition and subject to all local, state, and federal firearms
laws. The use shall include classroom and/or practical training and education regarding
ownership, safety, handling, and marksmanship for the individual’s recreation, hunting, or self-
defense purposes. (Def. Added 8/4/25)
Free Standing Sign - A sign that is attached to, erected on, or supported by some structure (such
as a pole, mast, frame, braces in or upon the ground, or other structure) that is not itself an
integral part of or attached to a building or other structure whose principal function is something
other than the support of a sign. (Def. Added 3/17/97)
Frontage - All property abutting on one (1) side of a street measured along the street line.
Ground Sign - A sign placed upon the ground, or a free standing sign, not exceeding eight (8)
feet in height. (Def. Added 3/17/97)
Group Home For Developmentally Disabled Adults - A residence which provides care for two
to nine adults who are developmentally disabled and who have or can develop self-help skills,
are ambulatory, in need of a home and are able to participate in activities in the community.
Hazard To Air Navigation - An obstruction determined to have a substantial adverse effect on
the safe and efficient utilization of the navigable airspace.
Hazardous Material - Any substance or material in a particular form or quantity which the
Secretary of Transportation finds may pose an unreasonable risk to health, safety, and property.
Substances so designated may include explosive, radioactive materials, etiologic agents,
flammable liquids or solids, poisons, oxidizing or corrosive materials, and flammable gases.
Define via rule making process, under authority of PL 93-633.
Height - For the purpose of determining the height limits in all zones set forth in this Ordinance
and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise
specified.
Historic Preservation Commercial Use - A structure that is either nominated for or listed on the
National Register of Historic Places or included in the North Carolina Plan for Historic
Preservation as compiled by the North Carolina Division of Archives and History in which
commercial use is being operated from the structure.
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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. (Added 11/18/25)
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. (Added 11/18/25)
Horizontal Surface - A horizontal plane 150 feet above the established airport elevation, the
perimeter of which in plan coincides with the perimeter of the horizontal zone.
Impervious Cover - A surface that does not allow precipitation to percolate through it.
Industrial Discharge - The discharge of industrial process treated wastewater or wastewater
other than sewage and includes:
Wastewater resulting from any process of industry or manufacture, or from the development of
any natural resource;
Wastewater resulting from processes of trade or business, including wastewater from
laundromats and car washes, but not wastewater from restaurants;
Stormwater will not be considered to be an industrial wastewater unless it is contaminated with
industrial wastewater; or
Wastewater discharged from a municipal wastewater treatment plant requiring a pretreatment
program.
Industrial Use – A non-residential employment use engaged in the manufacturing and basic
processing of materials or products predominately from extracted or raw materials or previously
prepared materials. This use may also include processing, fabrication, assembly, treatment,
packing, storage, sales and distribution of such products. For additional information, see Note
2 located after Appendix C Table of Permitted Uses. (Amended 11/16/20)
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
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PERSON COUNTY PLANNING ORDINANCE
waste containers or rolling stock ( i.e., rail cars, trailer or other containerized body not intended
or designed to be self-propelled) are excluded. (Added 11/18/25)
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. (Added 11/18/25)
Landfill - A facility from the disposal of solid waste on land in a sanitary manner in accordance
with Chapter 130A, Article 9 of the NC General Statutes. For the purpose of this ordinance, this
term does not include composting facilities.
Larger Than Utility Runway - A runway that is constructed for and intended to be used by
propeller driven aircraft of greater than 12,500 pounds maximum gross weight and jet powered
aircraft.
Ldn (Day Night Average Sound Level) - A method of estimating a measurable quantity of noise
at airports and is based upon an Equivalent Sound Level (Leg).
Leg (Equivalent Sound Level) - An energy summation of the aggregate noise environment as
measured in A - weighted sound level.
Lodging Unit – A dwelling unit or defined room(s) intended for one family and separated from
other dwelling or lodging units that might be in the same structure and meant for temporary
human occupation. Lodging units may or may not be complete dwelling units. All lodging units
under this definition are to be occupied by residents who have a permanent home to which they
intend to return. Sites with lodging units may not be used an event venue unless the site has
been approved as an event center as defined by this ordinance. A Bed & Breakfast Home, per
NCGS § 130A-247 (5a), or Short-Term Rental are types of lodging units. For this Ordinance,
the following applies:
1. 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.
2. 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.
Lot - Land area which is composed of a single parcel or contiguous parcel of land under same
ownership and is recorded as such in the office of the Person County Register of Deeds.
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PERSON COUNTY PLANNING ORDINANCE
Lot Area - The parcel of land enclosed within the boundaries formed by the property lines plus
one-half of any alley abutting the lot between the boundaries of the lot, if extended.
Lot Depth - The depth of a lot, for the purpose of this Ordinance, is the distance measured in
the mean direction of the side lines of the lot from the midpoint of the front line to the midpoint
of the opposite lot line.
Lot Line, Front - Any boundary line of a lot running along a street right of way line.
Lot Line, Rear - The rear lot line, shall be the property line(s) which is (are) opposite the front
property line. If no property line is deemed to be opposite the front property line and no
minimum building line exists on the final plat to establish a rear lot line, then there shall be no
rear lot line; however, the rear yard setback shall be maintained from the point (apex) on the
property's perimeter which is the furthest removed from the midpoint of the front line. The rear
yard minimum building line shall be a line perpendicular to a straight line connecting said apex
and the midpoint of the front lot line.
Lot Line, Side - A boundary line which is not defined as a front or rear lot line.
Lot Of Record - A lot which has been recorded in the Office of the Register of Deeds of Person
County or a lot described by metes and bounds, the description of which has been recorded in
the aforementioned office.
Lot Width - The horizontal distance between the side lines measured along the front building
line as specified by applicable front yard setback in this ordinance.
Major Variance From State Watershed Rules - A variance from the minimum statewide
watershed protection rules that results in any one or more of the following:
1. The relaxation, by a factor greater than ten (10) percent of any requirement under the low
density option;
2. The relaxation, by a factor greater than five (5) percent, of any buffer, density or built-upon
area requirement under the high density option;
3. Any variation in the design, maintenance or operation requirements of a wet detention pond
or other approved stormwater management system. (Amended 11/3/97)
Minor Variance From State Watershed Protection Rules - A variance from the minimum
statewide watershed protection rules that results in a relaxation, by a factor of up to five (5)
percent of any buffer, density, or built-upon area requirement under the high density option; or
that results in a relaxation by a factor of up to ten (10) percent, of any management requirement
under the low density option.
Manufactured Home - A dwelling unit that (1) is not constructed in accordance with the
standards set forth in the North Carolina State Building Code, and (2) is composed of one or
more components, each of which was substantially assembled in a manufacturing plant and
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PERSON COUNTY PLANNING ORDINANCE
designed to be transported to the home site on its own chassis, and (3) exceeds forty (40) feet
in length and eight (8) feet in width.
Manufactured Home, Class A - A manufactured home that meets the following additional
criteria:
1. The structure is made up of two or more sections designed to be installed or assembled into
one unit at the building site;
2. The manufactured home has a length not exceeding four times its width, with length
measured along the longest axis and width measured at the narrowest part of the other axis;
and,
3. The pitch of the roof of the manufactured home has a minimum vertical rise of two and two
tenths (2.2) feet for each twelve (12) feet of horizontal run and the roof is finished with a
type of shingle that is commonly used in standard residential construction.
This definition includes typical "double-wide" manufactured homes and does not include
modular housing as regulated by North Carolina State Building Code. (Rev. 5/5/97; 5/3/21)
Manufactured Home, Class B - A manufactured home that does not satisfy all of the criteria
necessary to qualify the house as a Class A manufactured home. A Class B manufactured home
is typically a "single-wide" manufactured home but may also include a double-wide (or triple-
wide) manufactured home that does not meet all the criteria to be classified as a Class A
manufactured home. (Revised 5/5/97; 5/3/21)
Mobile Home - An alternative term for a manufactured home. (Def. Added 5/5/97)
Mobile Home Park - Any lot upon which three (3) or more manufactured homes, occupied for
dwelling or sleeping purposes, are located regardless of whether or not a charge is made for
such accommodations. (Def. Added 5/5/97)
Modular Home - A manufactured building designed to be used as a one or two family dwelling
unit which has been constructed in and labeled indicating compliance with the North Carolina
State Building Code, Volume VII - Residential. (Def. Added 5/5/97)
Multiphase Developments - A development containing 100 acres or more that (i) is submitted
for site plan approval for construction to occur in more than one phase and (ii) is subject to a
master development plan with committed elements, including a requirement to offer land for
public use as a condition of its master development plan approval (N.C.G.S. 160D-108). (Added
5/3/21)
Nonconforming Building - A building or structure that is not in conformance with the provisions
(Section 72-Table of Dimensional Requirements) of the district in which it is located. (Added
6/3/2013)(Amended 8/4/25)
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PERSON COUNTY PLANNING ORDINANCE
Nonconforming Lot – Surveyed and recorded lots that met existing zoning regulations when
created but no longer conform with the adopted regulations. (Added 6/3/2013)
Nonconforming Use – A lawful use of land that does not comply with the use regulations for its
zoning district but which complied with applicable regulations before adoption of this ordinance
or the predecessor Person County Planning Ordinance. (Added 6/3/2013)
Non-Noxious - Any substance not physically harmful or destructive to the environment or health
threatening.
Nonpoint Source Pollution - Pollution which enters waters mainly as a result of precipitation
and subsequent run-off from lands which have been disturbed by man's activities and includes
all sources of water pollution which are not required to have a permit in accordance with GS
143.215.1(c).
Nonprecision Instrument Runway - A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance, or area type navigation
equipment, for which a straight-in non-precision instrument approach procedure has been
approved or planned.
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. (Added 11/18/25)
Off-Premise Advertising Sign - Any sign advertising a product, business, or activity, sold,
located, or conducted elsewhere than on the premises on which the sign is located, or which a
product, service, business, or activity is sold, located, or conducted on such premises only
incidentally, if at all. (Def. Added 3/17/97)
Off-Premise Directional Signs - Any off-premise sign indicating the location of or directions to
a business, religious place of worship or other activity. The sign shall not include any
information or message except the name of the business or activity, and directions or symbols
indicating directions. If a sign exceeds the maximum area it shall be construed as an off-premise
advertising sign. (Def. Added 3/17/97)
Office – A building or portion of a building wherein services are performed involving
predominantly administrative, professional or clerical operations. (Def. Added 12/6/99)
Offices / Professional - Offices of accountants, appraisers, architects, attorneys, financial
consultants, dentists, physicians, real estate agencies and similarly recognized professionals.
(Amended February 2014)
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On-Premise Sign - Any sign or structure, pictorial or otherwise, regardless of size or shape,
which directs attention to a business, profession, commodity, attraction, service, entertainment,
idea, or concept conducted, offered, sold, manufactured, provided, or entertained at a location
on the premises where the sign is located or to which it is affixed. (Def. added 3/17/97)
Planned Building Group - A Planned Group shall consist of two or more principal uses in one
or more structures on the same zoning lot. A Planned Building Group shall be located on a
minimum of a 2-acre lot. (Amended 1/11/96)
Planning Board - A body appointed by the County Commissioners to perform duties described
in Section 143. (Amended 8/4/25)
Precision Instrument Runway - A runway having an existing instrument approach procedure
utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR). It also
means a runway for which a precision approach system is planned and is so indicated on an
approved airport layout plan or any other planning document.
Primary Surface - A surface longitudinally centered on a runway. When the runway has a
specially prepared hard surface, the primary surface extends 200 feet beyond each end of that
runway; for military runways or when the runway has no specially prepared hard surface, or
planned hard surface, the primary surface ends at each end of that runway. The width of the
primary surface is set forth in Section III of this Ordinance. The elevation of any point on the
primary surface is the same as the elevation of the nearest point on the runway centerline.
Principal Building / Use - The main building or use of a zoning lot. (Addition January 1996)
Protected Area - The area adjoining and upstream of the critical area of WS-IV watershed. The
boundaries of the protected area are defined as within five (5) miles of and draining to the
normal pool elevation of a reservoir or to the ridgeline of the watershed; or within 10 miles
upstream and draining to the intake located directly in the stream or river or to the ridgeline of
the watershed. (Amended November 1997)
Quasi-Judicial Decision - A decision involving the finding of facts regarding a specific
application of a development regulation and that requires the exercise of discretion when
applying the standards of the regulation. The term includes, but is not limited to, decisions
involving variances, special use permits, certificates of appropriateness, and appeals of
administrative determinations. Decisions on the approval of subdivision plats and site plans are
quasi-judicial in nature if the regulation authorizes a decision-making board to approve or deny
the application based not only upon whether the application complies with the specific
requirements set forth in the regulation, but also on whether the application complies with one
or more generally stated standards requiring a discretionary decision on the findings to be made
by the decision-making board. (Added 5/3/21)
Real Estate Sign - A sign advertising the premises for sale, rent or lease. (Def. Added 3/17/97)
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Residuals - Any solid or semi-solid waste generated from a wastewater treatment plant, water
treatment plant or air pollution control facility permitted under the authority of the
Environmental Management Commission. (Amended November 1997)
Sawmill Operations – An establishment often operating as a sawmill to break bulk timber into
wood products, such as lumber and heavy timbers. (Added 11/18/25)
Setback - The distance between the minimum building line and the centerline of a street right
of way; and where no street right of way is involved, the property line shall be used in
establishing the setback.
Sign - Any identification, description, illustration, or device, illuminated or no illuminated,
which is visible from any thoroughfare or road that directs attention to any realty, product,
service, place, activity, person, institution, performance, commodity, firm, business,
solicitation, idea or concept including permanently installed or situated merchandise or any
emblem, painting, poster, bulletin board, pennant, placard or temporary sign designed to
identify or convey information, with the exception state, municipal or national flags. (Def.
Added 3/17/97)
Site Specific Vesting Plan – Any of the following development approvals including Special Use
Permits, PUDs, subdivision plats, site plans, preliminary or general development plans, CD-
rezonings, and formerly site specific and phased development plans. (Added 5/3/21)
Special Use Permit (Sup) – A permit issued to authorize development or land sues in a particular
zoning district upon presentation of competent, material, and substantial evidence establishing
compliance with one or more general standards requiring that judgment and discretion be
exercised as well as compliance with specific standards. (Added 5/3/21)
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. (Added
11/18/25)
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. (Added 11/18/25)
Structure - An object, including a mobile object, constructed or installed by man, including but
without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead
transmission lines.
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PERSON COUNTY PLANNING ORDINANCE
Temporary Construction Building - Any building or portion of a building used as a temporary
field office for the coordination of a nearby construction project by the general contractor and/or
subcontractors. No portion of a temporary construction building may be used as an accessory
occupancy (such as a sales office) into which the general public would be allowed access. (Def.
Added 5/5/97)
Temporary Sign - A sign that is used in connection with a circumstance, situation, or event that
is designed, intended, or expected to take place or to be completed with a reasonably short or
definite period after the erection of such sign. If a sign display area is permanent but the message
displayed is subject to periodic changes, that sign shall not be regarded as temporary. (Def.
Added 3/17/97) (Amended 8/4/25)
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. (Added 11/18/25)
Transitional Surfaces - These surfaces extend outward at 90 degree angles to the runway
centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each
foot vertically from the sides of the primary and approach surfaces to where they intersect the
horizontal and conical surfaces. Transitional surfaces for those portions of the precision
approach surfaces, which project through and beyond the limits of the conical surface, extend a
distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90
degree angles to the extended runway centerline.
Uncovered - Not covered by a roof or other covering.
Use By Right - A use which is listed as an unconditionally permitted activity in this ordinance.
Variance - A modification or alteration of any of the requirements of this ordinance.
Vested Right - A right pursuant to the North Carolina General Statutes to undertake and
complete the development and use of property under the terms and conditions of an approved
site specific vesting plan.(Amended 11/18/91; 5/3/21)
Visual Runway - A runway intended solely for the operation of aircraft using visual approach
procedures.
Water Dependent Structure - Any structure for which the use requires access to or proximity to
or citing within surface waters to fulfill its basic purpose, such as boat ramps, boat house, docks,
and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots
and commercial boat storage areas are not water dependent structures.
Watershed - The entire land contributing surface drainage to a specific point.
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PERSON COUNTY PLANNING ORDINANCE
Water Supply Classifications - Classifications of Fresh Water Supplies for watersheds within
Person County adopted by the Environmental Management Commission; definitions, as
referenced in 15A NCAC 2B.0100 and .0200 as follows:
1. Class WS-II, waters protected as water supplies which are generally in predominately
underdeveloped watershed; point source discharges of treated waste water are permitted
pursuant to Rules .0104 and .02ll of this Subchapter; local programs to control nonpoint
sources and stormwater discharges of pollution area required; suitable of all Class C uses.
2. Class WS-III, waters protected as water supplies which are generally in low to moderately
developed watershed; point source discharges of treatment of treated waste water area
permitted pursuant to Rules .0104 and .0211 of this Subchapter; local programs to control
nonpoint sources and stormwater discharges of pollution area required; suitable for all Class
C uses.
3. WS-IV, water projected as water supplies which are generally in moderately to highly
developed watershed; point source discharges of treated waste water are permitted pursuant
to Rules .0l04 and .0211 of this Subchapter; local programs to control nonpoint sources and
stormwater discharges of pollution area required; suitable for all Class C uses.
a) Class C Uses, waters protected for secondary recreation, fishing, wildlife, fish and
aquatic life propagation and survival, agriculture and other uses suitable for Class C.
Winery – A facility operated for the purpose of making wine. Associated with this process can
include catering, lodging facilities, restaurants, live music venue, farm tours, winery tours,
farmers market, petting zoo, corn maze, cheese processing, roasting of coffee and associated
retail sales. (Added 11/1/2004)
Yard - Any open space on the same lot with a building and unoccupied from the ground
vertically except by trees, shrubbery, fences, open fire escapes, chimneys, flues, cornices, eaves
and bay windows. (Amended 2/1/93)
Yard, Front - A yard across lot, extending from the front building line to the front lot line or
right-of-way. (Amended 2/1/93)
Yard, Rear - A yard located behind the rear building line and extending to rear lot line or right-
of-way. (Amended 2/1/93)
Yard, Side - A yard between the side building line and side lot line or right-of-way, extending
from the front building line to the rear building line. (Amended 2/1/93)
Zoning Administrator - Planning Director (aka County Planner) or designated representative.
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PERSON COUNTY PLANNING ORDINANCE
Zoning Permit - A permit by the Person County Zoning Administrator or his authorized agents
that a course of action to use or occupy a tract of land or a building or to erect, install, or alter a
structure, building, or sign situated in the zoning jurisdiction of the County fully meets the
requirements of this ordinance.
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PERSON COUNTY PLANNING ORDINANCE
SECTION 72 – TABLE OF PERMITTED USES
(Amended: 5/18/92; 11/17/92; 4/4/94; 7/11/94; 2/19/96; 6/3/96; 7/8/96; 5/5/97; 12/6/99; 5/4/2001;
12/1/2003; 6/6/2005; 11/1/2004; 11/19/2007; 11/3/2008; 12/1/2008; 4/20/2015; 9/6/2016; 10/2/17;
10/5/20, 11/16/20; 5/3/21, 8/4/25, 11/3/25, 11/18/25)
Districts in which particular uses are permitted as a Use-By-Right are indicated by "X". Districts in
which particular uses are permitted as a Use-By-Right with certain conditions are indicated by "X"
with a reference to a footnote to this Table.
District in which particular uses are permitted as a special use upon approval of the Board of
Commissioners are indicated by "S". See Section 153 for details in obtaining a Special Use Permit.
PRINCIPAL USES ZONING DISTRICTS
R B-2 B-1 GI RC
Accessory Building X X X X X
Accessory Uses Incidental To Any Permitted Use X X X X
AGRICULTURAL OR FARM USE EXEMPT FROM PLANNING ORDINANCE
Aircraft Equipment, Parts and Supplies X X* X
Airport Operations S S S X* S
Airstrips, (Private) /Heliport Without Commercial Activity
(Added 5/7/01) X* X* X* X* X*
Ambulance Service or Rescue Service S X X S X
Amusement Parks S X
Animal Medical Care (Including Kennel Operations) X X X
Automobile Off-Street Parking, (Commercial) X X X X
Automobile Parts and Accessory Sales X X X
Automobile Rentals and Leasing X X X* X
Automobile Repair and/or Body Work (Excluding commercial wrecking,
dismanteling, or storage of junk vehicles) Amended 12/01/2008 X S
Automobile Sales, New and Used S X X
Automobile Service Station Operations X X X
Bank, Savings and Loan Company and Other Financial Activities X X S X
Barber or Beauty College Instruction X X X
Bed and Breakfast Inns, Boarding and Rooming Houses S X X
Boats and Accessories, Retail Sales and Service S X X
Books and Printed Matter, Distribution X X
Bowling Alley X X X
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PERSON COUNTY PLANNING ORDINANCE
PRINCIPAL USES ZONING DISTRICTS
R B-2 B-1 GI RC
Brewery, Distillery, Winery (Added 10/2/17) S X X X S
Bus Repair and Storage Terminal Activities (Amended 12/1/2008) X S
Bus Station Activities S X X* X
Camper/Recreational Vehicle Park (Amended 8/2/2010, 11/3/2025) S S S X
Carwash X X X
Catering X X X
Cemeteries - Church or Family X X X S X
Cemeteries – Commercial S S S X
Church, Temples, Synagogues X X X X X
Clinic Services, Medical and Dental S X X S X
Club or Lodge S S S X
Commercial Modular Building (Adopted 5/5/97) X X X
Contractor & Construction Trades with outside storage or equipment or
supplies (Amended 11/19/2007) S X X X
Contractor & Construction Trades without outside storage or equipment
or supplies X X
Convenience Stores S X X X
County Governmental Facility (Adopted 2/3/97) S X X X
Data Center (Added 11/18/25) X X X X
Day Care Center S X X X X
Dwelling, Accessory X X
Dwelling, Single-Family X X X X
Dwelling, Multiple-Family (See Planned Building Group) S S S S
Eating and Drinking Facilities (Amended 12/1/2008) X X S
Equipment Rental (Amended 11/16/20) X X X X
Event Center (Amended 09/09/2019) S X X X X
Family Care Home X X X X
Farm Machinery Sales and Servicing S X X
Fire Station And Law Enforcement Operations S X X X X
Firearms Training/Education Center (Added 8/4/2025) X
Funeral Home S X X X
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PERSON COUNTY PLANNING ORDINANCE
PRINCIPAL USES ZONING DISTRICTS
R B-2 B-1 GI RC
Game and Sports Facilities (Amended 5-18-92) S S
Golf Courses S X X X
Grocery, Wholesale X X
Group Home for Developmentally Disabled Adults X X X X
Gunsmith X X X
Health Spas, Fitness Center (Amended 2/7/2011) X X X
Historical Preservation Commercial Use S X X X
Home for the Aged S S X X
Hospital or Sanitarium Care (Except for the Insane, Feeble-Minded and
Addicted) (Amended 12/1/2008) S X S
Hotel or Motel X X
Industrial, Light (Amended 11/16/20) S X X X
Industrial, Heavy (Amended 11/16/20) S X
Karate and Other Martial Arts Instruction X X X
Kennel Operations, Care S X X
Library S X X X
Livestock Sales and Auctions (Amended 12/1/2008) S S
Lodging Unit (Added 11/3/25) X X X X X
Manufactured Home for Temporary Dwelling During Construction of
Permanent Dwelling (Adopted 5/5/97) X X X X
Manufactured Home (Individual) for Residential Occupancy - Class B
(Rev. 5/5/97) X X X X
Manufactured Home (Individual) for Residential Occupancy - Class A
(Rev. 5/5/97) X X X X
Manufactured Home Supplies and Equipment Sales S X X
Manufactured Homes Under the Hardship Class A and B X X
Marinas X X X
Mobile Home Park but Excluding Any Mobile Home Sales
(Amended 11-17-92, 7/11/94) S S S S
Mobile Home Sales and Service X X
Modular Homes (Amended 11-17-92) X X X X
Moving and Storage Operations (Amended 12/1/2008) X X X
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PERSON COUNTY PLANNING ORDINANCE
PRINCIPAL USES ZONING DISTRICTS
R B-2 B-1 GI RC
Nonhazardous, Non-Toxic Solid Waste Disposal (Adopted 5/18/92) S S S S S
Nursery Operation (Plant) - Agricultural X X X X
Nursing Home S S X X
Office and Personal Office (Adopted 12/6/99) X X X X
Planned Building Group (Added 12/1/03) S X X S
Post Office X X X X
Private Recreation Club Or Swimming Club Activities Not Operated As
A Business Or Profit (Amended 12/1/2008) S S S S S
Private Recreation Facilities For Profit (Amended 5/18/92, 7/8/96) S S S S S
Public Recreations (Such as Community Center Buildings, Parks,
Museums, Playgrounds, and Similar Facilities Operated on a Nonprofit
Basis)
S X X X
Public Utility Station, Bulk Station or Substations (Amended 12/1/2008) S S S S S
Radio or Television Studio Activities Only X X
Radio, Telephone and TV Transmitting (Amended 11/6/95) S X X X S
Railroad Passenger Station Operations (Amended 12/1/2008) S S S
Railroad Yard Operations X X
Reception Centers for Recycling S X X
Rest Home S S X X
Retail Sales with outdoor storage or display of merchandise X X X
Retail Sales without outdoor storage or display of merchandise X X X
Salvage Operation/Junkyard - Commercial S S
School, Private or Public (Elementary, Secondary, or Higher Level)
(Amended 12/1/2008) S S X X S
Solar Energy Systems (Added 10/2/17; Deleted 10/5/20) See Person County Solar
Energy System Ordinance
Stables, Horse (Amended 4/4/94) X S X
STORAGE, HAZARDOUS, TOXIC AND RADIOACTIVE WASTE NOT PERMITTED
IN ANY DISTRICT
Storage, Household and Commercial S X X
Storage, Open (Amended 5-4-01) S S S
Tanning Salons X X X
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PERSON COUNTY PLANNING ORDINANCE
PRINCIPAL USES ZONING DISTRICTS
R B-2 B-1 GI RC
Taxicab Stand Operations X X X* X
Teaching of Art, Music, Dance, Dramatics, or Other Fine Arts S X X X
Temporary Construction Building (Amended 6/6/2005) X X X X X
Theater Productions S X X X
Tire Recapping X X
Tire Sales Centers X X X
Truck Stop X
Truck Terminal Activities Repair and Hauling and/or Storage X
Warehouse/distribution facilities X X X
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PERSON COUNTY PLANNING ORDINANCE
Notes To The Table Of Permitted Uses
72-1 Note 1 – Industrial And Manufacturing Operations
(Amended 3/18/96; 2016; 10/06/2020, 11/16/20)
TYPE OF
INDUSTRIAL
USE
GENERAL DESCRIPTION, INTENT AND STANDARDS EXAMPLES OF USES LIGHT INDUSTRIAL (LI)
Light industrial uses are prohibited in the Residential (R) Zoning
District.
Industrial operations involving the manufacturing, processing,
fabrication of acetylene gas (except for use on premises),
ammunition, explosives, fireworks, gunpowder, or matches shall not
be allowed in any district. (Amended 5/18/92)
The intent of these categories is to provide development standards
that promote the development of industrial and manufacturing
operations without compromising the health, safety and welfare of
properties adjacent to and in the vicinity of the project area. Included
in this category are uses that shall have minimal impacts on the public
health, safety and welfare.
The distinctions used in this category closely follow the NAICS
definitions. Manufacturing establishments are located in plants,
factories, or mills and employ power-driven machines and materials-
handling equipment. They may also employ workers who create new
products by hand, without the characteristic machinery-intensive
enterprise. Many manufacturing establishments process products of
agriculture, forestry, fishing, mining, or quarrying as well as products
of other manufacturing establishments. The subcategories reflect
sectors with distinct production processes related to material inputs,
production equipment, and employee skills. Most manufacturing
establishments have some form of captive services (e.g., research and
development, and administrative operations, such as accounting,
payroll, or management). These are functionally the same as the
primary establishment. However, when such services are provided by
separate establishments, they will be evaluated as either light or
heavy industrial in their own right. If needed, Person County Planning
and Zoning staff should rely on the NAICS’ activity dimension to
differentiate between an office activity and a factory activity for such
establishments.
Vegetative and/or structural buffers shall be required when light
industrial land uses are adjacent to or across from, any residential use
regardless of the distance separating uses (For additional
information, please see Sections 72 and 73) (Amended 8/4/25)
Manufacture, assembly,
repair or servicing of light
industrial goods and
products; business or
consumer machinery;
equipment, products or
by-products;
Commercial bakery;
Crematorium;
Cold storage plant;
Coal sales and storage;
Manufacture, assembly
and repair of computer
components including
semi-conductors;
precision instruments;
electrical/electronic; toys;
wind energy component;
telecommunication
equipment; advanced
textiles; transportation
equipment components;
Sheet metal shop;
Bottling;
Woodworking, cabinet
making, and/or furniture
manufacturing
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PERSON COUNTY PLANNING ORDINANCE
TYPE OF
INDUSTRIAL
USE
GENERAL DESCRIPTION, INTENT AND STANDARDS EXAMPLES OF USES HEAVY INDUSTRIAL (HI)
Heavy industrial uses are prohibited in the Residential (R),
Neighborhood Business (B-2) and Rural Conservation (RC) Zoning
Districts. (Amended 11/16/20)
Industrial operations involving the manufacturing, processing,
fabrication of acetylene gas (except for use on premises),
ammunition, explosives, fireworks, gunpowder, or matches shall not
be allowed in any district. (Amended 5/18/92)
Vegetative and/or structural buffers shall be required when heavy
industrial land uses are adjacent to or across from, any residential
use regardless of the distance separating uses (For additional
information, please see Setback Requirements – Sections 72 and 73)
(Amended 8/4/25)
This District is generally for those industrial uses where the impacts
to the public health, safety and/or welfare are greatest.
These industrial uses typically have large land requirements and
require the outdoor storage of materials. In addition to most of the
industrial uses permitted as “Industrial, Light” uses, uses involving
the primary processing of materials such as metal refining, plastics,
pulp and paper, animal rendering, clay sand or gravel processing are
included in this category. (Amended 11/16/20)
The Director of Planning may use discretion to consider uses not
specifically listed here as long as these meet the intent of the
definition. The Planning Director shall provide a summary
supporting of their interpretation for the record.
The distinctions used in this category closely follow the NAICS
definitions. Manufacturing establishments are located in plants,
factories, or mills and employ power-driven machines and materials-
handling equipment. They may also employ workers who create new
products by hand, without the characteristic machinery-intensive
enterprise. Many manufacturing establishments process products of
agriculture, forestry, fishing, mining, or quarrying as well as products
of other manufacturing establishments. The subcategories reflect
sectors with distinct production processes related to material inputs,
production equipment, and employee skills. Most manufacturing
establishments have some form of captive services (e.g., research
and development, and administrative operations, such as
Animal Processing,
Packing, Treatment
and Storage Livestock
Slaughtering,
Processing of Food
and Related Products
Production of
Chemicals, Rubber,
Leather, Clay, Bone,
Plastic, Stone, Glass
Production of
Fabrication of Metals
or Metal Products
(enameling,
galvanizing, sawmill)
Asphalt and concrete
plants
Power generating
plants, including the
storage of ore, coal,
atmospheric gas,
grain, petroleum and
other materials used
to produce power
Hazardous material
disposal
Explosive Storage and
Distribution Facilities
Fertilizer
Manufacture
Quarry Operations
Storage, Flammable
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PERSON COUNTY PLANNING ORDINANCE
accounting, payroll, or management). These are functionally the
same as the primary establishment. However, when such services
are provided by separate establishments, they will be evaluated as
either light or heavy industrial in their own right. If needed, Person
County Planning and Zoning staff should rely on the NAICS’ activity
dimension to differentiate between an office activity and a factory
activity for such establishments.
Industrial Additions:
1. If otherwise in compliance with applicable provisions of the ordinance and other rules or
regulations, the Zoning Administrator may approve or approve with conditions an
application to expand a principal structure, or parking and circulation areas, by not more
than 10 percent (10%) of those respective areas as reflected in a Special Use approved by
the Board of Commissioners, or as in existence at the time zoning became effective as to
the zoning lot, whichever is applicable. This ten percent limitation shall apply whether
reached in one increment or in more than increment over time.
2. Prior to making a final decision on any such application, the applicant shall cause notice of
the proposal in a form approved by the Administrator to be given by first class mail to all
property owners within five hundred (500) feet, as shown on the County's tax records, of
the zoning lot. The Zoning Administrator shall afford the notified property owners ten (10)
days within which to comment before mailing a final decision on the application. The
Zoning Administrator shall notify the Planning Boards at its next regular meeting of any
application approved or approved with conditions under this section.
3. If, in the judgment of the Zoning Administrator, the application presents significant issues
affecting the public health, safety and welfare, he/she shall refer the application to the
Planning Board for approval, denial, or approved with conditions. In such cases, the
applicant shall cause notice of the Planning Board meeting in a form approved by the Zoning
Administrator to be given by first class mail to all property owners within five hundred
(500) feet, as shown on the County's tax records, of the zoning lot.
4. If otherwise in compliance with applicable provisions of this ordinance and other rules or
regulations, the Planning Board may approve an application to expand a principal structure,
or parking and circulation areas, by not more than fifteen percent (15%) of those respective
areas as reflected in a Special Use approved by the Board of Commissioners, or as in
existence at the time zoning became effective as to the zoning lot, whichever is applicable.
This fifteen percent limitation shall apply whether reached in one increment or in more than
one increment over time.
72-2 Note 2 - Airport Overlay
Use specifically permitted only in the Airport Overlay, provided in accordance with applicable
ordinance provisions.
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PERSON COUNTY PLANNING ORDINANCE
72-3 Note 3 – Private Airstrip/Heliport
(Added May 7, 2001)
Private airstrip/heliport without commercial activity. No zoning permit required.
72-4 NOTE 1, 3, 4, 6, 7, 7A, And 8 – DELETED 11/18/25
72-5 NOTE 10 – DELETED 10/5/20
SECTION 73 – TABLE OF DIMENSIONAL REQUIREMENTS
(Amended 9/16/91, 2/1/93, 6/15/98, 1/07/02; 8/4/08; 9/6/16; 5/3/21)
Without Central
Water & Sewer
With Central
Water
With Central
Sewer
With Central
Water & Sewer
Planned Building
& Group
Minimum Lot Size
in Square Feet 43,560 20,000 15,000 6,000 8,000 sq. ft.
(see note #1)
Minimum Lot Width
in Feet 100 100 75 60 100
Minimum Front Yard
requirement
When property abuts
US/NC Highways
(see notes 2,5,6,7,8)
40* 40* 40*
40*
60
All other road types
(see note 2,5,6,7,8) 25* 25* 25* 25*
Minimum Side Yard
Requirement
(See Note 1,2,6,7,8)
20 15 10 8 15 feet
(see note #2)
Corner Lot Minimum
Side Yard Requirement
When property abuts US
or NC highway
(See Note 4,6,8)
40*
40*
40*
40*
60*
Corner Lot Minimum
Side Yard Requirement
All other road types
(See Note 4,6,7)
25* 25* 25* 25*
Minimum Rear Yard
(See note 4,5,6,7,8) 25 25 15 10 25
PERSON COUNTY PLANNING ORDINANCE
103
Double Frontage Lots
Minimum Rear Yard
*(See Note 3,6,7,8)
50* 50 35 25 25
Building Heights 50** 50** 50** 50** 50**
* From right-of-way
** Structures for light or heavy industrial (LI or HI) uses not subject to height restrictions but must
submit certification that proposed building height meets the ability of local fire and rescue teams to
serve the facility. Certification in the form of a letter signed by the fire inspector. Uses not included
in the Light or Heavy Industrial category exceeding 50 feet may apply for a special permit for approval.
The following uses are not controlled by the height limitation: belfries, spires, cupolas, domes,
monuments, observation towers, chimney, smokestacks, water towers, conveyors, flag poles, television
and radio masts, aerials, and towers.
SECTION 74 – LANDSCAPE BUFFERS
To mitigate health, safety, and welfare concerns, landscaping and buffers may be required as a
condition of approval for projects requiring a Special Use Permit.
For Industrial Uses located adjacent to or across any right of way from residential properties, a
vegetative buffer is required.
• For heavy industrial uses, the buffer shall be at least 150’ wide
• For light Industrial Uses, the buffer shall be at least 50’ wide
Buffers shall include at a minimum, evergreen shrubs and a combination of deciduous and evergreen
trees.
• Every 500 square feet of buffer shall include one evergreen or deciduous tree that shall have
a height and spread of at least 30’ within 10 years; and,
• 5 evergreen shrubs, or 3 evergreen and 2 deciduous shrubs, with a height and spread of at
least 5’ in 10 years.
• Existing vegetation may be counted toward the required plantings when identified on a
landscape plan and certified by an arborist, landscape architect, landscape designer. Plants
identified for the buffer must be protected from all land disturbing activities and
construction at a distance equal to the drip line of the plant(s) to be used toward the buffer.
Landscape plans shall be completed by a registered landscape architect or licensed landscape designer.
Notes:
1. 8,000 square feet for the first two dwelling units and 2,500 sq. ft. for each additional
dwelling unit.
2. Minimum setback for the first story and 10 additional feet for each additional unit.
PERSON COUNTY PLANNING ORDINANCE
104
3. Zero (0) yard requirement adjacent to the contour line of Hyco Lake, Lake Roxboro (located
on the Person/Caswell County line) and Mayo Lake.
4. Measured from the closest point of the building to the property line or right-of-way.
5. No structure need be setback more than the average of the two (2) directly adjacent primary
use structures on either side.
6. Uncovered stoops, decks and steps may extend into any required yard area no more than
one half the required yard depth or width for lots without central water and sewer and with
central water except no encroachment will be allowed adjacent to US or NC Highways.
(Added 08/04/2008; 01/06/2020)
7. Unless otherwise specified in this ordinance, accessory buildings may be allowed within
five (5) feet of rear and side yard lot lines. See Note 8 if property is located on an NC or
US route. (Amended 6/3/2013)
8. Accessory structures may be placed in the front yard, if at least 25ft from the front property
line. For lots located on NC and US highways, accessory structures may be placed in the
front yard, if at least 40ft from the front property line. (Added 6/3/2013)
SECTION 75 – SETBACK REQUIREMENTS
(Amended 9/6/2016; 5/3/21)
75-1 Where a B-1, B-2, or GI District abuts the R district
All business or industrial uses which abut said districts shall be set back a minimum of 50 feet
from the abutting exterior property lines.
75-2 Setbacks shall be measured:
1. From the property line
2. From the road right of way
3. From the edge of the structure to the property line or other legal boundary
SECTION 76 – CLUSTER DEVELOPMENT
(Added 8/1/2005; Amended: 12/07/09; 5/3/21)
76-1 Purpose
Clustering of residential lots is intended to encourage subdivision design that is more efficient
and better suited to the natural features of the land than a conventional subdivision, by
regulating lots based on the lot density standards rather than minimum lot size standards and by
requiring that part of the subdivision not devoted to lots and roads be set aside as usable open
PERSON COUNTY PLANNING ORDINANCE
105
space. This allows smaller lots to be concentrated on those parts of the subdivision best suited
to accommodate development with the least adverse impact. Clustering also allows smaller and
less costly network of roads and utilities and reduces the amount of impervious surface and
stormwater runoff. The open space provided by clustering can be used to provide recreational
opportunities for the subdivision’s residents, to conserve and protect significant natural areas
and environmentally sensitive areas, and to preserve important historic resources.
76-2 Minimum Subdivision Site Size
Clustering of lots shall not be allowed on any tract of land less than ten (10) acres in size.
76-3 Minimum Lot Size
All lots shall be a minimum of 6,000 square feet of usable land (not to include any right of way
or easements). For single-family or multi-family attached structures, there shall be no minimum
lot area. (Amended: 12/07/09)
76-4 Setback Requirements
1. The minimum building setbacks for single family detached dwellings are as follows:
• Front yard on Subdivision main artery; 25 feet
• Front yard on cul-de-sac or parking lots; 10 feet
• Rear yard; 15 feet
• Side yard; 8 feet
2. Minimum building setback for single family attached dwellings or multifamily structures
are as follows:
• Front yard; 25 foot minimum for single family detached. Multi-family; 25 foot
minimum for first story and 10 additional feet for each additional story.
• Rear yard; 10 feet
• Side yard; can be reduced to zero
• All setbacks shall be shown on the plat.
76-5 Accessory Structures
3. Accessory Structures are allowed only on lots of 20,000 square feet or more and only one
structure per lot.
4. All setbacks for accessory structures must be in compliance with Section 72.
76-6 Minimum Road Design
Roads may be designed to meet NCDOT specifications for subdivisions, Traditional
Neighborhood Development Guidelines (TND) or to a lesser design approved by the County
Commissioners. All roads are to be paved. The width of all travel ways, parking areas and road
base to be approved within the subdivision process and is required on the plat.
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All Cluster Development shall have access off of a NCDOT Secondary Road, State or Federal
Highway.
76-7 Open Space
Land within the subdivision site not contained in lots, streets, or utility easements, shall be in
one or more parcels dedicated or reserved as permanent open space. The total are of parcels
dedicated or reserved as permanent open space shall make up at least thirty (30) percent of the
subdivision.
1. The open space shall be subject to a Conservation Easement conveyed to Person County
setting aside the said open space from future development and, in areas subject to Watershed
Ordinances, the said conservation easement shall limit use as it relates to water quality
regulations. The title to the open space shall be conveyed to a property owner’s association,
homeowners’ association or other legal entity (public agency or nonprofit organization) that
is capable of and willing to accept responsibility for managing open space for its intended
purpose.
2. Ownership of the Open Space is not restricted but any transfer of ownership of this property
is subject to the conservation easement and any other conditions of the special use permit
which created the Open Space.
3. The design of the open space shall consider protecting water quality, conserving farm and
forest land, providing wildlife habitat and preserving the natural aesthetics of the area.
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ARTICLE VIII – USE SPECIFIC REQUIREMENTS
SECTION 81 – SITE PLAN REQUIRED
1. New development shall provide a site plan meeting the specifications of this section subject
to section 80-1.C 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.
2. The purpose of these requirements is to promote the orderly development of certain
activities within the county and to ensure 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.
3. The Planning Director may waive any specific site plan specification provided it is not
averse to the purpose of this ordinance and the applicant establishes that in his specific case
an undue hardship would result from a strict enforcement of this ordinance, 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.
81-1 Site Plan Specifications
Every site plan shall be prepared in accordance with the following specifications:
1. Shall be prepared by a North Carolina registered land surveyor, engineer, architect or
landscape architect. 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.
2. The proposed title of the project and the name of the engineer, architect, surveyor and/or
developer, the developer, and a signature panel for the Planning Director’s approval.
3. The north point, scale, date, and vicinity map. Tax Map and Parcel Number and Township.
4. Existing zoning and zoning district boundaries on the property in question and on
immediately surrounding properties.
5. The present use of all contiguous or abutting properties.
6. The boundaries of the property involved by bearings and distances.
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7. All existing property lines, existing streets, buildings, watercourses, waterways or lakes and
other existing physical features in or adjoining the project.
8. Topography of the project area with contour intervals of ten feet or less.
9. The location and sizes of sanitary and storm sewers, gas lines, water mains, culverts, and
other underground structures, and easements for these facilities. Location of proposed or
existing fire hydrants.
10. The location, dimensions and character of construction of proposed streets, alleys,
driveways and the location, type and size of ingress and egress to the site.
11. The location of all existing and proposed off-street parking and parking bays, loading spaces
and walkways, indicating types of surfacing, size, angle of stalls, width of aisles, and a
specific schedule showing the number of parking spaces. All parking and travel ways shall
be paved. Vehicular travel lanes or driveways shall not be less that twenty feet in width for
two-way traffic and 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)
12. The location, height, type and materials of all existing and proposed fences, walls, screen
planting and landscaping details of all buildings and grounds, and the location, height and
character of all outdoor lighting systems, inclusive of wattage and illumination.
13. The location of all proposed buildings and structures, accessory and main; number of stories
and height, proposed general use for each building; and the number, size and type of
dwelling units where applicable.
14. Proposed finished grading by contour supplemented where necessary by spot elevations.
15. One-hundred-year floodplain areas per Federal Emergency Management Agency (FEMA)
16. The location, character, size, height and orientation of proposed signs.
17. The location and dimensions of proposed recreation, open space, and required amenities
and improvements.
18. Location of proposed solid waste facilities.
19. Proposed schedule of development.
20. Show total impervious surface. Show Best Management Practices where applicable.
21. 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.
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22. Any use-specific requirements listed in this ordinance.
81-3 The Planning Director May Request the Following Information when Deemed Necessary or
Prudent to Evaluate the Impacts of the Proposed Development
1. Slope. Grade and cross-section of drives, sidewalks, malls, etc.
2. Profiles of publicly maintained water and sewer lines.
3. Profiles: Cross-sections and slopes of on-site and off-site ditches carrying water run-off.
4. Erosion and Sediment Control Plans.
5. Lighting plan
81-4 Additional Requirements for Radio, Telephone, and TV Transmitting Towers When Not a
Special Use
1. Towers located in B1, B2 or GI Districts require a Special Use Permit if located adjacent to
a residential use.
2. 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.
3. 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.
4. At a minimum, towers in all Districts are subject to the standards of the Table of
Dimensional Requirements (Table 72).
5. 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 – SPEICAL USE PERMITS – SITE PLAN REQUIRMENTS
In addition to the requirements of Section 80-2 and 80-3, site plans that accompany a Special Use
Permit application must contain this additional information and the information required based on the
proposed use.
82-1 Planned Building Groups, Commercial and Residential
1. The development shall be on a minimum of a 2-acre lot.
2. 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)
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3. Mobile Home Parks are not Planned Building Groups, see Manufactured Home
Park requirements below.
4. Proposed provisions for storm drainage and sanitary sewage as approved by the appropriate
governmental agency.
5. Size and proposed location of any signs.
6. Proposed water system and firefighting facilities such as hydrants and sprinkler
connections.
7. Proposed solid waste facilities.
8. The location, dimensions and type of surfacing for drives, sidewalks, malls, etc. All parking
and travel ways to be paved. (Amended 5/6/2002)
9. The location and heights of all fences, walls and hedges.
10. Show proposed water and sewer lines and size. (Amended 5/6/2002)
11. Lighting plans inclusive of wattage and illumination.
12. Location of traffic control devices.
13. Location and amount of recreation areas.
14. 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 rights-
of-way adjoining or intersecting such property.
15. Location and extent of proposed parking and loading areas.
16. Land contours at 10-foot intervals.
17. Proposed points of ingress and egress and proposed patterns of internal automobile and
pedestrian circulation.
18. Proposed schedule of development.
19. 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
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commercial building groups. All parking areas shall have a stabilized surface with parking
spaces and traffic lanes clearly marked.
20. Screening and fencing-a screen not less than six feet high of dense plant material and/or
fence may be required.
21. 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.
22. There shall be maintained at least thirty (30) linear feet of open space between individual
buildings in a residential building group.
23. Where the length of a dead-end street exceeds two hundred (200) feet and where there exists
six (6) or more dwelling units, an area must be provided for the turnaround of fire fighting
vehicles on a stabilized surface. This area shall not be used for parking.
24. Locations 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.
82-2 Additional Requirements for Campers/Recreational Vehicle Park
1. A minimum lot size of two acres is required.
2. A proposed park must contain at least 2,500 square feet of land area for each proposed tent or
trailer space.
3. A minimum fifty-foot undisturbed buffer from all property lines, excluding driveway access.
4. Each campsite shall contain a stabilized parking pad of either pavement or gravel and one
off- street parking space.
5. 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)
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82-3 Commercial Junkyard or Automobile Graveyard
1. 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:
a) Maintenance of existing or planted natural vegetation
b) 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.
c) Landscaping supplementing a wire fence shall be planted:
i. on at least one side of the wire fence
ii. as close as practical to said fence
iii. 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.
d) 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.
e) Other natural barriers including topography or other natural means.
2. All wrecked, scrapped, ruined, dismantled or inoperable motor vehicles and junk shall be
stored behind the required screening.
3. An identification sign at the entrance of the facility of not less than fifteen (15) square feet
in area.
82-4 Mobile Home Park
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:
1. 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:
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a) Certification of approval of water supply system plans by the Person County
Environmental Health Department.
b) Certification of approval of sewage collections systems and treatment facilities plans by
the state of North Carolina or Person County Environmental Health Department, as
appropriate.
c) Certification of approval of the North Carolina Department of Environmental Quality
relative to erosion and sedimentation control.
2. 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.
3. Mobile home park identification signs shall not exceed thirty-two (32) square feet in area.
Only direct, non-flashing lighting shall be used for illumination.
4. 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”.
5. 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:
I-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
6. 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:
a) Such establishments shall be subordinate to the residential use and character of the park.
b) Such establishments shall present no visible evidence of their commercial character
from any portion of any residential district out-side the park.
c) Such establishments shall be designed to serve the trade and service needs of the park
residents only.
7. 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
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Division of Highways or with minimum construction standards of private subdivision roads
as specified herein.
8. 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.
9. All private roads limited within a mobile home park shall be maintained by the park owner.
10. 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,
11. Cul-de-sacs shall serve no more than twenty-five (25) lots.
12. Any mobile home park with fifty (50) or more spaces shall have a minimum of two
entrances which provide ingress and egress.
13. 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.
14. 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.
15. 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:
a) Name of owner and occupant;
b) Mobile home space number;
c) Make, model and registration;
d) Date when occupancy within the mobile home park begins and date when occupancy
within the mobile home park ceases.
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16. Each mobile home space shall be clearly defined by means of concrete or metal pipe markers
placed at all corners.
17. No mobile home space shall encroach any proposed street right-of-way.
18. Each mobile home shall be located at least twenty (20) feet from any permanent building
within the mobile home park.
19. 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.
20. All exterior openings in or beneath any structure shall be appropriately skirted with suitable
materials.
21. 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.
22. 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.
23. 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.
24. Buffer strips shall not be used to satisfy recreation space area requirements.
25. The applicant shall submit clear information about how solid waste will be controlled and
collected from the site.
82-5 Radio, Telephone and TV Transmitting Towers
1. Towers located in B1, B2 or GI Districts require a Special Use Permit if located adjacent to
a residential use.
2. 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.
3. 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.
4. At a minimum, towers in all Districts are subject to the standards of the Table of
Dimensional Requirements (Table 75).
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5. 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 83 – HOME OCCUPATIONS
A home occupation is a business or commercial activity carried on in a dwelling unit or
accessory building in accordance with the following.
1. The use is an incidental use to the residential property.
2. The home occupation shall not generate significantly greater volumes of traffic than would
be expected in that residential neighborhood.
3. No more than one (1) person other than the resident of the dwelling is to be engaged in the
home occupation.
4. No more than twenty-five percent (25%) of the total heated floor area of the principal
structure shall be used for the home occupation.
5. One hundred percent (100%) of an accessory structure may be used for the home
occupation, if located to the side or the back of the principal structure; and (2) the total floor
area of the accessory structure does not exceed fifty percent (50%) of the gross floor area
of the principal structure.
6. The exterior of any structure (principal or accessory) shall not be built or altered in any
manner nor shall the occupation be conducted in such a way as to cause the premises to
substantially differ from its' residential character in exterior appearance.
7. The outside storage or exterior display of merchandise, products or materials, is prohibited.
8. Required parking for a home occupation shall be met off the street and not in a required
front or side yard setback.
9. Signage shall comply with this ordinance.
10. 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.
11. The use shall not emit any obnoxious or offending noise, dust, vibration, odor, smoke,
fumes, glare, electrical interference, interference to radio or television reception beyond
what normally occurs in the applicable zoning district and shall not present a fire hazard.
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12. The on-premises 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 84 – MANUFACTURED HOMES, CLASS A
A Class A manufactured home shall be a permitted use in the Residential (R), Highway
Business (B-1). Neighborhood Business (B-2) and Rural Conservation (RC) Zoning Districts
provided that:
1. The manufactured home is listed and assessed as real property;
2. All roof structures shall provide an eaves projection of no less than six inches, which may
include a gutter;
3. The exterior siding consists predominantly of vinyl or aluminum horizontal lap siding
(whose reflectivity does not exceed that of gloss white paint), wood, or hardboard,
comparable in composition, appearance and durability to the exterior siding commonly used
in standard residential construction;
4. The manufactured home is set up in accordance with the standards set by the N.C.
Department of Insurance and a continuous, permanent masonry foundation or masonry
curtain wall, unpierced except for required ventilation and access, is installed under the
perimeter of the manufactured home;
5. Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from
the home shall be installed or constructed in accordance with standards set by the North
Carolina State Building Code, Volume VII - Residential; and
6. The moving hitch, wheels and axles, and transporting lights have been removed.
A Class A manufactured home may be used only for residential purposes and may not be used
for storage, accessory buildings, utility buildings nor shops. All standards of this ordinance
must be met before a Certificate of Compliance is issued by the Person County Inspection
Department.
A Class A manufactured home not meeting the criteria above may be located in a mobile home
park.
SECTION 85 – MANUFACTURED HOMES, CLASS B
A 'Class B' manufactured home shall be a permitted use in the Residential (R) and Rural
Conservation (RC) Zoning Districts provided that:
1. The exterior finish is in good repair and the exterior materials are comparable in
composition, appearance and durability to the exterior siding commonly used in standard
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residential construction. Acceptable materials for the exterior of such homes include but are
not limited to vinyl or aluminum horizontal lap siding (whose reflectivity does not exceed
that of gloss white paint), wood, or hardboard.
2. The manufactured home is set up in accordance with the standards set by the North Carolina
Department of Insurance and a continuous, permanent masonry foundation or masonry
curtain wall, unpierced except for required ventilation and access, is installed under the
perimeter of the manufactured home;
3. The roofing materials are compatible with those used in standard residential construction;
4. The wheels, axles, transporting lights and towing apparatus have been removed
5. Stairs, porches, entrance platforms and other means of entrance and exit to the home are
installed or constructed in accordance with the North Carolina State Building Code, Volume
VII - Residential.
A Class B manufactured home meeting criteria 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 the criteria above may be located in a mobile home
park. (Rev. 5/5/97)
SECTION 86 – MANUFACTURED HOMES, SPECIAL CASES
86-1 Manufactued Homes, Hardship
The Zoning Administrator may grant temporary permits for placing mobile homes for dwelling
purposes to the rear or side of a dwelling located on a residential lot in certain hardship cases
when the Zoning Administrator finds that:
1. The person or persons occupying the mobile home are physically dependent upon the person
or persons occupying the dwelling house, or that the person or persons occupying the
dwelling house are physically dependent upon the person or persons occupying the mobile
home.
2. The water and sewage facilities are approved by the District Health Department.
3. One of the following types of relationships exists between the occupants of the
manufactured home and the occupants of the principal dwelling unit:
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a) Blood relationship.
b) Relationship by marriage.
c) Legal guardian relationship established by law.
d) The attendant is compensated for his or her services and is providing care for not more
than two related persons.
4. The manufactured home meets criteria for Manufactured Homes, Class B.
5. 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 Premanent Dwelling
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.
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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)
86-3 Emergency Use of Campers/Recreation Vehicles
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.
SECTION 87 – ORDINANCE REGULATIONG SEXUALLY ORIENTED BUSINESSES
87-1 Purpose
This Ordinance sets licensing and business regulation requirements for sexually oriented
businesses located in Person County, North Carolina.
Sexually oriented businesses, because of their very nature, can have serious adverse secondary
effects on a community. Studies and experiences have shown that adverse secondary effects
such as lower property values and increased crime rates tend to accompany and are brought
about by location of sexually oriented businesses in a community.
The Person County Board of Commissioners has determined that this Ordinance is necessary
to ensure that the adverse secondary effects of lower property values, increased crime and
damage to public health do not occur in Person County as the result of sexually oriented
businesses in Person County.
The Person County Board of Commissioners has determined that the standards and procedures
set forth in this Ordinance are appropriate to prevent such adverse secondary effects.
This Ordinance has neither the purpose nor effect of limiting or restricting the content of any
communicative materials, including sexually oriented materials. Similarly, it is neither the
purpose nor effect of this Ordinance to restrict or deny access by adults to sexually oriented
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materials protected by the First Amendment to the United States Constitution or to deny access
by distributors and exhibitors of sexually oriented entertainment to their intended market.
This Ordinance is the product of balancing the legitimate need of Person County to be protected
from acts, omissions or conditions caused by adverse secondary effects of sexually oriented
businesses with the constitutionally protected rights of adults who wish to patronize such
businesses and the rights of distributors and exhibitors of such businesses.
The Board of Commissioners has determined that adverse secondary effects of sexually oriented
businesses will be reduced by provisions of this Ordinance which include, but are not limited
to, the following:
1. The identification of employees of a sexually oriented business will facilitate the
identification of potential witnesses or suspects in order to reduce the incidence of certain
types of criminal behavior.
2. The disclosure of certain information by those persons ultimately responsible for the day-
to-day operation and maintenance of the sexually oriented business will assist government
to assure compliance with law and prevent the spread of sexually transmitted diseases.
3. The fact that an applicant for a sexually oriented business license has been convicted of a
sexually related crime leads to the rational assumption that the applicant may engage in that
conduct in contravention of federal and state law, and this Ordinance. The barring of such
individuals from the management of a sexually oriented business will assist government to
assure compliance with law and prevent the spread of sexually transmitted diseases.
4. Establishing locational criteria to keep sexually oriented businesses away from sensitive
uses, such as residential districts, schools, day care centers, etc., reduces the potential for
secondary harm to such sensitive uses.
5. Establishing additional lighting requirements for the interior and exterior portions of a
sexually oriented business reduces the potential for illicit sexual activity or criminal
activities occurring on or near the premises of a sexually oriented business.
6. Establishing a prohibition on employing minors, or allowing minors within the premises,
reduces the potential for exploitation of such minors by a sexually oriented business.
7. Requiring internal design configuration standards and the location of managers' stations for
a sexually oriented business will allow operators to observe and police their own patrons,
and reduce the potential for illicit sexual activity and criminal activities at a sexually
oriented business.
87-2 Definitions
Certain words or terms used in this Ordinance are defined as follows:
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Interpretation of Common Words and Terms
Words used in the present tense include the future tense. Words used in the singular number
shall include the plural, and words in the plural shall include the singular.
The word "person" includes a firm, co-partnership, company, trust, association or corporation
as well as an individual.
The word "lot" includes the words "plot," "parcel," "site" or "tract."
The word "building" includes the word "structure."
The word "used" or "occupied" as applied to any land or building shall be construed to include
the words "Intended, arranged or designed to be used or occupied."
The word "shall" is always mandatory.
The word "may" is permissive.
Italicized words have special meaning as defined in this Ordinance.
Definition of Specific Words and Terms.
ADULT ARCADE. Any place to which the public is permitted or invited wherein coin-operated
or slug-operated or electronically, electrically, or mechanically controlled still or motion picture
machines, projectors, or other image-producing devices are maintained to show images to five
or fewer persons per machine at any one time, and where the images so displayed are
distinguished or characterized by the depicting or describing of specified sexual activities or
specified anatomical areas.
ADULT BOOKSTORE is defined in NCGS § 14-202. 10 (1) which is incorporated herein by
reference.
ADULT CABARET. A nightclub, bar, restaurant, or similar commercial establishment that for
at least ten percent (10%) of its business hours in any day features:
1. persons who appear in a state of nudity or semi-nudity; or
2. live performances that are characterized by the exposure of specified anatomical areas or by
specified sexual activities; or
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3. films, motion pictures, video cassettes, slides, or other photographic reproductions that are
characterized by the depiction or description of specified sexual activities or specified
anatomical areas; or
4. persons who engage in lewd, lascivious or erotic dancing or performances that are intended
for the sexual interests or titillation of an audience or customers.
Adult Escort. A person who, for consideration, agrees or offers to act as a companion, guide, or
date for another person for the purpose of participating in, engaging in, providing, or facilitating
"specified sexual activities."
Adult Escort Agency. A person or business that furnishes, offers to furnish, or advertises to
furnish adult escorts as one of its business purposes for a fee, tip, or other consideration.
Adult Establishment is defined in NCGS § 14-202.10 (2) which is incorporated herein by
reference.
Adult Live Entertainment is defined in NCGS § 14-202.10 (3) which is incorporated herein by
reference.
Adult Live Entertainment Business is defined in NC GS§ 14-2 02.10 (4) which is incorporated
herein by reference.
Adult Media Center. Adult media center includes, but is not limited to, an adult book store, and
an adult video store and means any place:
1. which receives more than fifty percent (50%) of its gross income during any calendar month
from the sale, rental, or both of books, periodicals, magazines, video-tapes, CD ROM,
computer software, movies, and other products offered in photographic, print, electronic,
magnetic, or digital or other imaging medium which are distinguished or characterized by
their emphasis on matter depicting, describing, or presenting specified anatomical areas as
defined in NCGS § 14- 202.10 (10), or specified sexual activities as defined in NCGS § 14-
202. 10 (11), or sexually oriented devices as defined in NCGS § 14-202.10 (9), or any
combination thereof-, or
2. having more than twenty five percent (25%) of its merchandise inventory consisting of
books, periodicals, magazines, video-tapes, CD-ROM, computer software, movies, and
other products offered in photographic, print, electronic, magnetic, or digital or other
imaging medium which are distinguished or characterized by their emphasis on matter
depicting, describing, or presenting specified anatomical areas as defined in NCGS § 14-
202.10,,(10), or specified sexual activities as defined in NCGS § 14-202. 10 (11), or sexually
oriented devices as defined in NCGS § 14-202.10 (9), or any combination thereof
A commercial establishment may have other business purposes in the same building site that
do not involve the offering for sale or rental of material depicting or describing specified sexual
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activities or specified anatomical areas and still be categorized as adult media center. Such other
business purposes will not serve to exempt such commercial establishments from being
categorized as an adult media center so long as one of its business purposes is the offering for
sale or rental for consideration the specified materials which depict or describe specified sexual
activities or specified anatomical areas.
Adult Motel. A hotel, motel or similar commercial establishment that:
1. offers accommodation to the public for any form of consideration and provides patrons with
closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or
other photographic reproductions that are characterized by the depiction or description of
specified sexual activities or specified anatomical areas; and has a sip visible from the public
right of way that advertises the availability of this adult type of photographic reproductions;
or
2. offers a sleeping room for rent for a period of time that is less than twelve (12) hours; or
allows a tenant or occupant of a sleeping room to subrent the room for a period of time that
is less than twelve (12) hours.
Adult Motion Picture Theater is defined in NCGS § 14-202.10 (5) which is incorporated herein
by reference.
Adult Mini Motion Picture Theater is defined in NCGS § 14-202.10 (6) which is incorporated
herein by reference.
Adult Theater. A theater, concert hall, auditorium, or similar commercial establishment that for
at least ten percent (10%) of its business hours in any day, features persons who appear in a
state of nudity or live performances that are characterized by the exposure of specified
anatomical areas or by specified sexual activities.
Adult Video Store. A commercial establishment that, as one of its principal business purposes,
offers for sale or rental for any form of consideration any one or more of the following: books,
magazines, periodicals or other printed matter, or photographs, films, motion picture, video
tapes or cassettes, video reproductions, CDROMs, slides, or other visual representations which
depict or describe specified sexual activities or specified anatomical areas; or any combination
thereof.
Amusement Arcade. A building or any part of a building in which five (5) or more pinball
machines, video games or machines or other similar player operated amusement devices are
maintained. Adult arcade is specifically excluded from this definition.
Nude Model Studio. Any place where a person who appears in a state of nudity or displays
specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured,
photographed, or similarly depicted by other persons who pay money or any form of
consideration. There is excepted from this definition any studio which is part of a school for
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artists who are regularly enrolled in a course of instruction in the arts, and in which the use of
nude models involves less than ten percent (10%) of the course hours.
Nudity Or A State Of Nudity. The appearance of a human bare buttock, anus, male genitals,
female genitals, or female breast without a fully opaque complete covering of the breast below
a point immediately above the top of the areola, or human male genitals in a discernibly turgid
state even if completely and opaquely covered.
Park. Any public land available for recreational, educational, cultural or aesthetic use.
Parking Space. A vehicular storage space of not less than ten (10) feet by twenty (20) feet; plus
the necessary access space. It shall always be located outside any dedicated right-of-way.
Person. An individual, proprietorship, partnership, corporation, association, or other legal
entity.
Property. All real property subject to zoning regulations and restrictions and zoning boundaries
by Person County.
Religious Complex. A church (a building primarily used for public divine worship) or a church
and any related structures including a parsonage, fellowship halls, educational buildings, youth
centers, recreational facilities (which include playgrounds), day care centers, parochial schools
or similar structures or areas located on a single site.
Semi-Nude. A state of dress in which clothing covers no more than the human bare buttock,
anus, male genitals, female genitals, or female breast without a fully opaque complete covering
of the breast below a point immediately above the top of the areola, or human male genitals in
a discernibly turgid state even if completely and opaquely covered.
Sexual Encounter Center. A business or commercial enterprise that, as one of its business
purposes, offers for any form of consideration:
1. physical contact by customers in the form of wrestling or tumbling between persons of the
opposite sex; or
2. activities between male and female persons, or persons of the same sex when one or more
of the persons is in a state of nudity or semi-nudity.
Sexually Oriented Business. A business which offers its customers or patrons any device,
activity or demonstration depicting specified sexual activities, or which is intended to appeal to
sexual interests, titillation or arousal of the customer or patron. A sexually oriented business
shall include an adult establishment as defined in NCGS § 14-202.10 (2) and, in addition,
without limitation: adult arcade, adult bookstore, adult video store, adult cabaret, adult media
center, adult live entertainment business, adult motel, adult motion picture theater, adult mini
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motion picture theater, adult theater, adult escort agency, nude model studio, and sexual
encounter center.
Sexually Oriented Business Activities. Those activities usually provided for, promoted, or
offered by a sexually oriented business as defined herein, whether or not, as the principal
business purpose or as a sideline or accessory business purpose and whether or not in connection
with or on the same premises With a business which is not a sexually oriented business.
Sexually Oriented Devices is defined in NCGS § 14-202.10(9) which is incorporated herein by
reference.
Zoning Administrator is defined in the Person County Planning Ordinance.
87-3 License
1. No person shall operate a sexually oriented business except within a Zoning District which
permits Industrial Operations as established by the Person County Planning Ordinance and
unless such person has received a sexually oriented business license as provided by this
section.
2. Application for License.
Every application for a sexually oriented business license prescribed herein shall be upon a form
approved by the County Manager and shall be filed with the Zoning Administrator. An
application shall be made under oath and shall contain the following information:
a) If the applicant is a person, the name and residence address of such person including
any aliases or other names by which the applicant is known or which the applicant has
used at any time; the residence and address for the past two (2) years, the business and
home telephone numbers, occupation, date and place of birth, social security number,
drivers license number, and a recent photograph of the applicant. If the applicant is a
partnership, corporation, association, or other entity the same information is a
requirement for all corporate officers, directors, and any individuals having a ten (10)
percent or greater interest in the corporation, partnership, association, or other entity.
b) The address of the premises where the proposed sexually oriented business is proposed
to be located;
c) A complete statement of all convictions of any person whose name is required to be
given in this ordinancefor any sexually related crime; prostitution or any violation of
any law relative to prostitution; or of any crime involving sexual misconduct as codified
in the laws of the United States, this or any other state, including, but not limited to
convictions of violations of any of the offenses enumerated in Article 26, 26A and 27
of Chapter 14 of the North Carolina General Statutes, or the same offenses as codified
in the laws of the United States, this or of any other state or the laws of any country, or
subdivision thereof, other than the United States;
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d) A complete statement of any denial and/or revocation of any license, including the
grounds and reasons theretofore, to operate a sexually oriented business by any
governmental unit listed by name and address of any person whose name is required to
be given in this ordinancefor the five (5) years preceding the date of the filing of this
application;
e) A complete statement of any conviction for violation of any statute, law, ordinance or
regulation concerning the operation of a sexually oriented business by any governmental
unit listed by name and address of any person whose name is required to be given in this
ordinance for the five (5) years preceding the date of the filing of this application;
f) A description of any other business proposed to be operated on the same premises or on
adjoining premises owned or controlled by the applicant or any other person or entity
listed in this ordinance.
g) All applicants, and any individual listed in (B)(l) of this Section 4, above, shall submit
to fingerprinting by the Sheriff of Person County or his deputy. The fingerprint cards
shall be submitted to the. S.B.I for processing. Returned fingerprint cards and any
criminal histories shall be kept on file in the office of the Sheriff of Person County.
h) A site plan showing the location of the building proposed to contain a sexually oriented
business and a floor plan of such building showing floor layout, customer area, and uses
in accordance with all the requirements of this Ordinance.
i) A current certificate and straight-line drawing prepared by a registered land surveyor
depicting the property lines and the structure containing the proposed sexually oriented
business and its distance from existing land uses to include, but not be limited to,
established dwellings, residential zoning districts, other sexually oriented business,
religious complexes, libraries, schools, state licensed child day care centers, public
playgrounds, public swimming pools, public parks, and any outdoor recreational use.
j) A statement signed under oath that the applicant has personal knowledge of the
information contained in the application, that the information contained therein is true
and correct, the applicant consents to the investigation of his/her background by agents
of Person County for the purpose of verifying the information provided, and that the
applicant has read and understands the provisions of this ordinance regulating sexually
oriented businesses.
Review and Approval of Application
1. Except as modified by this Ordinance, the procedure for the review and approval of the
application shall be the same as for a Special Use Permit as provided in this ordinanceof the
Person County Planning Ordinance.
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2. The Zoning Administrator shall transmit a copy of the completed application, containing all
the required information outlined in Subsection (B) of this Section 4, to the Person County
Sheriff's department for an investigative report and to the fire department to determine
compliance with any law relating to the fire protection. The Zoning Administrator shall
determine compliance with all zoning, building regulations, and ordinances.
3. The Sheriff and Fire Departments shall, within a reasonable time not to exceed thirty (30)
working days, report the results of their examinations to the Zoning Administrator.
4. The Zoning Administrator shall prepare a report which includes the results of the
examinations by the Sheriff and the Fire Department and a recommendation to approve or
deny the Special Use application.
5. If the Sheriff or the fire department does not respond to the Zoning Administrator within
thirty (30) days after receiving the application from the Zoning Administrator, the
application shall be deemed to meet the approval of the non-responding entity.
6. Within forty five (45) days after initial receipt of the application, the Zoning Administrator
shall place on the agenda of the next regularly scheduled Planning Board meeting the
completed application accompanied by all required information.
7. Upon the receipt of said application for a sexually oriented business license, the Planning
Board shall review the Special Use application, the site plan, and the sexually oriented
business license application and recommend to the Board of Commissioners that the
application be approved or denied.
8. The Planning Board shall recommend that the Board of Commissioners deny the application
for issuance of the license if the Planning Board determines that:
a) The application contains misstatement of fact;
b) The applicant, or any person or entity having any legal or beneficial ownership interest
in the application, has been convicted of a sexually related crime, prostitution or a
violation of any law relative to prostitution, crime involving sexual misconduct as
codified in the laws of the United States, this or any other state, including, but not
limited to convictions of violations of the offenses enumerated in Articles 26, 26A and
27 of Chapter 14 of the North Carolina General Statutes, or the same offenses as
codified in the laws of the United States, this or any other state or the laws of any
country, or subdivision thereof, other than the United States;.
c) The applicant does not conform to all requirements of applicable zoning, building, and
fire prevention codes
d) The applicant or any person, corporation, partnership, association or other entity having
a legal or beneficial ownership interest in the applicant has, for the five-year period
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preceding the application, had a previously issued license for engaging in any sexually
oriented business suspended or revoked anywhere.
Annual Business License.
1. Upon approval of an Application as provided in this Ordinance, and payment by the
applicant of a license fee as provided below, the Zoning Administrator shall issue, in such
form as shall be approved by the County Manager, a license to the applicant to operate a
sexually oriented business.
2. The license required under this ordinance is annual and shall be valid for a period of twelve
(12) months
3. Application for renewal of a business license under this Ordinance shall be made to the
Zoning Administrator on a form requiring such information as is approved by the County
Manager at least sixty (60) days before the expiration date. If application is not made more
than sixty (60) days before the expiration date, the license will expire twelve (12) months
from the date of issuance. An application for renewal made less than sixty (60) days before
the expiration date shall be regarded as a new application and shall be subject to all the
requirements of this Ordinance for the initial issuance of a license.
4. Any violation of the licensing provisions in this ordinance will result in the denial of the
renewal application.
5. A license issued under this Ordinance shall be for the conduct of a business at a specific
location by the approved applicant and shall be nontransferable to any person, partnership,
corporation, association, or other entity.
6. Every application for a sexually oriented bus1nesses license, whether for a new license or
for renewal of an existing license, shall be accompanied by a nonrefundable application and
investigation fee of $150.00.
7. Every person, corporation, partnership, or association licensed under this Ordinance shall
display such license in a prominent place within such licensed premises in full view of
customers of the business conducted therein.
8. No employee or contract personnel of the Licensee shall perform duties on the licensed
premises prior to submission to the Zoning Administrator of the same information required
of Applicants by Section 3, Subsection B, Paragraphs (1),(3),(4),(5),(7) and (10) of this
Ordinance and a determination in writing by the Zoning Administrator that such
information, if submitted by an Applicant, would not cause a license to be denied pursuant
to Section 3, Subsection C, Paragraph (8) of this Ordinance. Such written determination by
the Zoning Administrator shall be subject to inspection as provided by Section 4, Subsection
G of this Ordinance.
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Denial, Revocation and Refusal to Renew License
1. The Board of Commissioners may deny, revoke or refuse to renew a license granted under
this Ordinance if it receives a recommendation of such action from the Planning Board
acting on the recommendation of the Zoning Administrator.
2. Before the Board of Commissioners denies, revokes or refuses to renew a license applied
for or issued pursuant to this Ordinance the Board of Commissioners shall cause a written
notice to be sent by certified mail to the licensee or applicant affected, at the address stated
in the license or application. The notice shall advise the affected party of its rights to appear
before the Board of Commissioners, with or without legal counsel, at a stated time and place
to hear all evidence submitted, examine or cross-examine any person providing such
evidence and to present any evidence relevant to such denial, revocation or refusal to renew
a license under this Ordinance.
3. A license issued pursuant to this section shall be revoked by action of the Board of
Commissioners if the Board of Commissioners determines that:
a) The licensee has violated any provision of this Ordinance;
b) Subsequent to the date of the Application required by this Ordinance, the licensee, or
the legal or beneficial owner of any interest in the licensee is convicted of any felony;
prostitution or any violation of any law relative to prostitution; crime involving sexual
misconduct; as codified in the laws of the United States, this or any other state,
including, but not limited to convictions of violations of any of the offenses enumerated
in Articles 26, 26A and 27 of Chapter 14 of the North Carolina General Statutes, or the
same offenses as codified in the laws of any other state.
c) Subsequent to the date of submission of the information required by of this Ordinance,
any employee or contract personnel of the licensee is convicted of any felony;
prostitution or any violation of any law relative to prostitution; crime involving sexual
misconduct; or any offense against public morality and decency as codified in the laws
of the United States, this or any other state, including, but not limited to convictions of
violations of any of the offenses enumerated in Articles 26, 26A and 27 of Chapter 14
of the North Carolina General Statutes, or the same offenses as codified in the laws of
any other state, which arises out of, or in the course of the business of the licensee.
d) The licensee has knowingly, willingly, or intentionally allowed possession,
consumption, or sale of alcohol, alcoholic beverages, or controlled substances on the
licensed premises.
e) The licensee has knowingly, willingly, or intentionally operated a sexually oriented
business during a period of time when the licensee's license was suspended for any
reason.
f) The licensee has knowingly, willingly, or intentionally allowed prostitution on the
licensed premises.
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g) The licensee has knowingly, willingly, or intentionally violated state ABC laws on the
licensed premises.
4. When a license is revoked pursuant to this Ordinance, the revocation shall continue for one
(1) year and the licensee shall not be issued a sexually oriented business license for one (1)
year from the date the revocation became effective. However, subsequent to revocation the
Board of Commissioners may grant to the applicant a license if upon application of the
former licensee it finds that the basis for the revocation has been corrected or abated and at
least ninety (90) days have elapsed since the date the revocation became effective. Such
license shall expire on the date of expiration of the previously revoked license.
Appeal to Court.
After denial of an application, or denial of a renewal of an application or revocation of any
license, and all administrative measures have been exhausted, the applicant or licensee may
seek immediate judicial review of such action in any court of competent jurisdiction.
87-4 Business Regulation
The following business regulations apply to the ability to operate a sexually oriented business
in Person County:
1. Alcohol.
a) No Sexually Oriented Businesses may be located in a building that sells or serves
alcohol or alcoholic beverages or allows alcohol or alcoholic beverages to be consumed
on the premises.
2. Location.
No Sexually Oriented Businesses shall be permitted in any building which is:
a) Located within four hundred (400) feet in any direction from a building used as a
dwelling.
b) Located within four hundred (400) feet in any direction from a residential zoning
district.
c) Located within two hundred (200) feet in any direction from a building in which a
sexually oriented business is located.
d) Located within one thousand (1,000) feet in any direction from a building in which a
religious complex is located.
e) Located within one thousand (1,000) feet 'in any direction from a building in which a
library, school, or a state licensed child day care center is located.
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f) Located within one thousand (1,000) feet in any direction from any lot or parcel on
which a public playground, public swimming pool, or public park is located.
Measurement shall be made in a straight line, without regard to the intervening structures or
objects, from the nearest portion of the building or structure used as the part of the premises
where a sexually oriented business is conducted to the nearest portion of a building or structure
of a use listed above.
3. Signs.
Signs for Sexually Oriented Business are allowed, as permitted by ordinance in Person
County but may not include promotional displays, flashing lights, or photographs,
silhouettes, drawings, or pictorial representations of any manner depicting sexual activity,
themes or nudity.
4. License.
The applicant(s) obtain a license in accordance with Section 3 of this Ordinance.
5. Compliance with Law.
The applicant(s) conforms to all applicable law including the rules and regulations of Person
County and the State of North Carolina.
6. List of Employees.
In addition to the above requirements, every licensed sexually oriented business shall
maintain a current list of all employees employed by the licensee showing: the legal name,
current stage name, current address, current phone number, date of birth, and current driver's
license number. In addition the licensee of a sexually oriented business shall maintain a
record, updated no less frequently than every six (6) months, showing the name, Social
Security Number, height, weight, hair and eye color, scars, tattoos and a passport quality
photograph of each employee; such list shall be maintained on the premises of the sexually
oriented business.
7. Inspection.
a) The records required by this section shall be kept available and open for inspection at
any time the sexually oriented business is open for business by the Sheriff of Person
County, the Roxboro Fire Department, the Person County Health Department, the
Zoning Administrator or authorized representative of any of the foregoing.
b) An applicant or licensee shall permit representatives of the Person County Sheriff’s
Department, the Roxboro Fire Department, Person County Health Department to inspect
the premises of any sexually oriented business for the purpose of insuring compliance
with the law, at any time it is occupied or open for business. Failure or refusal by any
person to permit a lawful inspection of the premises during regular business hours may
result in the revocation of the privilege license.
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8. Hours of operation.
a) No sexually oriented business shall be open for business before 8:00 a.m. or after 2:00
a.m. daily, local time.
b) No business, nor any owner, agent or employee, licensed under this Ordinance shall
admit customers or prospective customers, or remain open for business, or allow, permit
or condone any customer or patron upon the premises of a sexually oriented business
before 8:00 a.m. or after 2:00 a.m. daily, local time.
9. Minors.
a) No business, nor any owner, agent, or employee, licensed under this Ordinance shall
allow, permit or condone the patronage of any person under the age of eighteen (18)
years upon the licensed premises. A violation of this subsection shall be grounds for
revocation of any license issued to such violator pursuant to this ordinance.
b) No business, corporation, partnership, association, or other entity licensed pursuant to
this Ordinance shall employ any person under the age of eighteen (18) years. A violation
of this subsection shall be grounds for revocation of any license issued to such violator
pursuant to this ordinance.
10. Manager's Station.
A person who operates or causes to be operated a sexually oriented business which exhibits
on the premises a film, video cassette, live entertainment, sells adult oriented merchandise
including books, magazines, novelty items, computer software, videos, or shows other video
reproductions which depicts specified sexual activities shall comply with the following
requirements:
a) Upon application for a sexually oriented business license, the application shall be
accompanied by a professionally prepared diagram in the nature of an engineer's or
architect's blueprint of the premises showing a plan thereof specifying the location of
one (1) or more manager's stations and the location of all overhead lighting fixtures and
designating any portion of the premises in which patrons will not be permitted. A
manager's station may not exceed thirty-two (32) square feet of floor area. The diagram
shall also designate the place in which the business license will be conspicuously posted,
if granted. The diagram shall be oriented to the north or to some designated street and
drawn to a designated scale or with marked dimensions sufficient to show the various
internal inches.
b) No alteration in the configuration of a manager's station may be made without prior
approval of the Zoning Administrator or designee of the Zoning Administrator.
c) It is the duty of the owners and operator of the premises to ensure that at least one (1)
employee is on duty and situated in each manager's station at all times when a patron is
inside the premises to ensure that no illegal activity is taking place within the
establishment.
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d) The interior of the premises shall be configured in such a manner that there is an
unobstructed view from a manager's station of the entire area of the premises to which
any patron is permitted access for any purpose, excluding restrooms. Restrooms may
not contain video reproduction equipment, books, or any items offered for sale. If the
premises has two (2) or more manager's stations, then the interior of the premises shall
be configured in such a manner that there is an unconstructive view of the entire area of
the premises to which any patron is permitted access for any purpose from at least one
(1) of the manager's stations, excluding restrooms. The view required in this subsection
shall be by direct line of sight from the manager's station.
e) It shall be the duty of the owner(s) and operator(s), and it shall be the duty of any agent(s)
and employee(s) present in the premises, to ensure that the view area specified in
subsection (4) remains unobstructed by any doors, walls, merchandise, display racks, or
other materials at all times and to ensure that no patron is permitted access to any area
of the premises that has been designated as off limits to patrons.
11. Lighting
a) Sexually oriented businesses shall be equipped with overhead lighting fixtures of
sufficient 0intensity to illuminate every place to which patrons are permitted access at
an illumination of not less than five (5.0) foot-candles as measured at the floor level. It
shall be the duty of the owners and operator, and it shall be the duty of any agents and
employees present in the premises, to ensure that this illumination is maintained at all
times when any patron is present within the premises.
b) Adult motion picture theaters, adult mint motion picture theaters, and adult theaters shall
be equipped with overhead lighting fixtures of sufficient intensity to illuminate every
place to which patrons are permitted access at an illumination of not less than five (5.0)
foot-candles as measured at the floor level. The seating area of the theater, however,
shall observe an illumination of not less than point five (0.5) foot-candles as measured
at the floor level. It shall be the duty of the owners and operator, and it shall be the duty
of any agents and employees present in the premises, to ensure that this illumination is
maintained at all times when any patron is present within the premises.
12. Construction and Supervision
a) Adult motion picture theaters and adult theaters shall be in an enclosed building with no
less than one hundred (100) fixed seats. No private viewing rooms or semiprivate booths
are allowed and an adult mini motion picture theater shall not be constructed to allow
more than one (1) person in a viewing room at any time and the manager of such shall
not allow more than one (1) person in a viewing room at any time.
b) No owner or operator shall allow openings of any kind to exist between viewing rooms
within an adult mini motion picture theater. The owner or operator of an adult mini
motion picture theater shall, during each business day, regularly inspect the walls
between the viewing rooms to determine if any openings or holes exist.
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c) The owner or operator of an adult mini motion picture theater shall cause all floor
coverings in viewing rooms to be nonporous, easily cleanable surfaces, with no rugs or
carpeting and shall cause all wall and ceiling surfaces in viewing rooms to be
constructed of, or permanently covered by, nonporous, easily cleanable material.
Prohibited Conduct on Premises of Sexually Oriented Businesses.
1. It shall be a violation of this Ordinance for any person in a sexually oriented business to appear
in a state of full nudity or to depict specified sexual activities.
2. No owner, operator, manager, employee, entertainer or contract personnel, nor any customer or
patron, shall appear bottomless or in a state of full nudity while on the premises of a sexually
oriented business.
3. No owner, operator, manager, employee, entertainer or contract personnel, nor any customer or
patron, shall perform any specified sexual activities as defined in this ordinance, wear or use
any device or covering exposed to view which stimulates or simulates any specified anatomical
area, use artificial devices or inanimate objects to perform or depict any of the specified sexual
activities, as defined in this ordinance, or participate in any act of prostitution while on the
premises of a sexually oriented business.
4. No owner, operator, manager, employee, entertainer or contract personnel, nor any customer or
patron, shall knowingly touch, fondle or caress any specified anatomical area of another person,
knowingly permit another person to touch, fondle or caress any specified anatomical area of his
or hers, whether such specified anatomical areas are clothed, unclothed, covered or exposed, or
sit on or in or otherwise occupy the lap of anyone while on the premises of a sexually oriented
business.
5. No owner, operator, manager, employee, entertainer or contract personnel shall knowingly or
intentionally appear in a semi-nude condition unless the person, while semi-nude, is at least ten
(10) feet from any patron or customer and on a stage that is at least two (2) feet from the floor.
6. No employee shall solicit any pay or gratuity from any patron or customer while said employee
is in a state of semi-nudity while on the premises of a sexually oriented business.
7. No private dance, viewing, projection or meeting areas shall be allowed within a sexually
oriented business.
Exterior of Sexually Oriented Businesses.
It shall be unlawful for an owner or operator of a sexually oriented business to allow the
merchandise or activities of the establishment to be visible from any point outside the
establishment.
Violation of Business Regulation.
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(Amended 08/18/2003)
1. A knowing violation of a Business Regulation set forth in this Ordinance shall cause the
revocation of a license granted under this Ordinance.
2. Any person, firm or corporation who violates any provision of this Ordinance shall be guilty of
a Class 3 misdemeanor and shall be fined not more than five hundred dollars ($500). Each day
a violation exists shall be a separate violation hereunder.
3. This Ordinance may be enforced by an appropriate equitable remedy, including temporary
restraining order, preliminary injunction and permanent injunction as issued by a court of
competent jurisdiction.
87-5 Severability
It is hereby declared to be the intention of the Board of County Commissioners that the sections,
paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any phrase,
clause, sentence, paragraph, or section of this Ordinance is declared unconstitutional or invalid
by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality
or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and
sections of this Ordinance, since the same would have been enacted by the Board of
Commissioners without the incorporation in this Ordinance of any such unconstitutional or
invalid phrase, clause, sentence, paragraph, or section.
SECTION 88 – SOLAR ENERGY SYSTEM ORDINANCE
88-1 General Provisions
Title
This document shall be known and cited as "Person County Solar Energy System Ordinance".
Purpose
The purpose of this ordinance is to facilitate the construction, installation, and operation of solar
energy systems (SES) in Person County in a manner that promotes economic development,
preserves the dignity and aesthetics of the environment in Person County, and ensures the
protection of health, safety, and welfare while also avoiding adverse impacts to important areas
such as agricultural lands. This ordinance is not intended to replace safety, health, or
environmental requirements contained in other applicable codes, standards, or ordinances. The
provisions of this ordinance shall not be deemed to nullify any provisions of local, state, or
federal law.
Authority and Grant of Power
This ordinance is adopted under the authority and provisions of the General Statute of North
Carolina, Chapter 160D. Nothing herein shall be interpreted to conflict with or supersede any
provision of the General Statute of North Carolina Chapter 160D.
PERSON COUNTY PLANNING ORDINANCE
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Jurisdiction and Applicability
The regulations contained herein shall govern development of land within Person County, North
Carolina as provided in General Statute 160D, except those lands lying within jurisdiction of
any municipality, unless such municipality shall have by resolution requesting the County
enforce these regulations within the municipality's area of jurisdiction.
Solar energy systems established prior to the effective date of this ordinance shall remain
exempt except if major modifications to an existing solar energy systems are proposed and
require a new Special Use Permit to be issued by the Board of Commissioners. The modified
area of the SES permitted under the new Special Use Permit shall be subject to the conditions
of this ordinance. Maintenance and repair are not subject to this ordinance.
Definitions
Abandonment: Any solar energy system that ceases to produce energy on a continuous basis
for twelve (12) months will be considered abandoned.
Accessory Equipment: Any equipment serving or being used in conjunction with a solar energy
system. The term includes utility or transmission equipment, power supplies, generators,
batteries, equipment buildings, and storage sheds, shelters, or similar structures.
Decommissioning Plan: A document that details the planned shut down and removal of a solar
energy system from operation or use.
Major Modification: 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. 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. Significant change in the boundaries
of the site if public purposes are not satisfied to an equivalent or greater degree;
2. A change in 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 in the plan;
5. Significant changes in pedestrian or vehicular access or circulation
PERSON COUNTY PLANNING ORDINANCE
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6. Significant changes in the amount or location of required landscape screening if an alternate
proposal does not provide the same or greater degree.
Property Owner: The person(s), entity, or company having fee simple ownership of the property
where the solar energy system is located.
Solar Array: An active solar energy system that converts sunlight into electricity using either
Thermal or photovoltaic methods. Such a system has multiple solar collectors, and might
include transformers, generators, batteries, and other appurtenant structures and/or facilities.
Solar Collector or Solar Panel: A device that converts sunlight into electricity using either
thermal or photovoltaic methods.
Solar Energy System: The components and subsystems required to convert solar energy into
electric or thermal energy suitable for use. The area of the system includes all the land inside
the perimeter of the system, which extends to any fencing. Area restrictions are based on the
acreage of panels. The term applies, but is not limited to, solar photovoltaic (PV) systems, solar
thermal systems, and solar hot water systems. A system fits into one of three system types:
Level I SES, Level 2 SES, and Level 3 SES.
1. Level I Solar Energy System (SES) - Includes the following in all Person County Zoning
Districts:
a) Roof-mounted on any code-compliant structure.
b) Ground mounted less than 1/2 acre.
c) Covering permanent parking lots and other hardscape areas.
d) Building integrated solar (i.e., shingle, hanging solar, canopy, etc.).
2. Level 2 Solar Energy System (SES) - Ground mounted systems greater than or equal to ½
acre and less than ten (10) acres in all Person County Zoning Districts.
3. Level 3 Solar Energy System (SES) - Ground mounted systems greater than or equal to ten
(I 0) acres in all Person County Zoning Districts.
88-2 Site Development Requirements (Rev. 2/7/22)
General Regulations
Solar energy systems are permitted in Person County as follows:
Table 2.1 General Regulations for Solar Energy Systems in Person County
X = Permitted Use; SUP/CD = Special Use Permit/Conditional Rezoning;
left blank= Prohibited
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Residential (R) Highway Commercial (B-1) Neighborhood Shopping (B- 2) General
Industrial (GI) Rural Conservation (RC)
Level I X X X X X
Level2 SUP/CD SUP/CD SUP/CD
Level3 SUP/CD SUP/CD
Setbacks
Setbacks for solar energy systems are measured from the nearest solar panel to the nearest
property line and/or right-of-way line. Setbacks for solar energy systems in Person County as
follows:
* All solar energy systems shall be separated by a minimum distance of300' from all residential
dwellings as measured from the nearest solar panel to the nearest dwelling. In addition, all solar
energy systems shall be separated by a minimum distance of I00' from the nearest well
Exceptions
Where a solar energy system facility is located on multiple contiguous lots of record in separate
ownership, the building setback and buffer requirement shall apply only to the exterior
perimeter of the project boundaries surrounding the facility and not the interior property
boundaries within the facility. A written waiver signed by the property owner(s) shall be
required.
Height and Size Limitation
1. For Level I roof mounted systems, height is limited to the applicable district regulation. The
height of Level I, 2, and 3 ground mounted systems shall be measured from the highest
natural grade below each solar panel. For ground mounted systems, panel height shall not
exceed 15' in all districts. Poles and wires reasonably necessary to connect to public electric
utilities for all solar energy systems shall not be subject to this requirement.
2. The maximum size of a level 3 solar energy system shall not exceed one hundred ( I00)
acres as measured around the exterior perimeter of the panels (outside of the buffer area).
No level 3 solar energy system shall be located within one (1) linear mile of an existing
level 3 solar energy system.
Buffers and Landscaping
1. Level I systems shall be exempt from buffering and landscaping requirements.
2. Solar collectors, accessory equipment, and associated outside storage for Level 2 and 3
systems shall be completely screened with a 150' vegetative buffer from view from all
property and right- of-way lines. Buffers shall include at a minimum, evergreen shrubs and
a combination of deciduous and evergreen trees as follows:
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a) Every 500 square feet of buffer shall include one evergreen or deciduous tree that shall
be a minimum of 6' at planting and have a minimum height of 15' within 3 years and
spread of at least 30' within IO years; and,
b) 5 evergreen shrubs, or 3 evergreens and 2 deciduous·shrubs, that shall be a minimum
of 3' at planting and have a height and spread ofat least 5' in 10 years.
c) Existing vegetation may be counted toward the required plantings when identified on
a landscape plan and ce1tified 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.
Aviation Notification
1. Level 1 systems shall be exempt from aviation notification requirements.
2. For all Level 2 and 3 systems, a map analysis showing a radius of five (5) nautical miles
from the center of the solar energy system with any airport operations within this area
highlighted shall be submitted with the initial application.
a) For systems not containing airpo1t operations within five (5) nautical miles from the
center of the solar energy system, attach map analysis results to permit application
b) For systems containing airport operations within five (5) nautical miles from the center
of the solar energy system, the following items must be included with the permit
application:
i. Map analysis results.
ii. Determination of whether the airpo1t is in the National Plan oflntegrated Airpmt
Systems (NPIAS).
iii. Documentation/certification that the project will not interfere with
airport/aircraft communications systems.
iv. Proof of delivery of notification, date of delivery, and response(s) for the
following documents:
For consideration of potential impacts to low altitude military flight paths,
notification of intent to construct the solar energy system shall be sent to the NC
Commanders Council at least 45 days before the Special Use Permit/Conditional
Rezoning hearing for Level 2 and 3 solar energy systems and at least 45 days
before starting construction for all other Level 2 and 3 solar energy systems.
Notification shall include location of solar energy system (i.e. map, coordinates,
address, or parcel ID), technology (i.e. roof-mounted PY, ground mounted fixed
PV, tracked PV, solar thermal, etc.), and the area of the system (e.g. 5 acres).
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141
A full repmt for each flight path and observation point, as well as the contact
information for the Planning Director, shall be sent to the authority indicated
below at least 45 days before the Special Use Permit/Conditional Rezoning
hearing for Level 2 and 3 solar energy systems and at least 45 days before
starting construction for all other Level 2 and 3 solar energy systems. The latest
version of the Solar Glare Hazard Analysis Tool (SGHAT) shall be used per its
user's manual to evaluate the solar glare aviation hazard. SGHAT can be
accessed via the following website: www.forgesolar.com.
Airpmt operations at airports in the National Plan of Integrated Airport Systems
(NPIAS) within five nautical miles of the center of SES: provide required
information to the North Carolina Division of Aviation and Federal Aviation
Administration's (FAA) Airport District Office (ADO) with oversight of North
Carolina and receive responses from those agencies at least 10 business days
prior to the hearing. Those responses shall be provided to both the Person County
Planning and Zoning Department and Person County Airpmt Commission.
Airport operations at airports not in the NPJAS, including military airports,
within five nautical miles of the center of SES: provide required information to
the NC Commanders Council for military airports and to the management of the
airport for non-military airpmts.
v. Any applicable solar energy system design changes (e.g. module tilt, module
reflectivity, etc.) after initial submittal shall be rerun in the SGHAT tool and the
new full report shall be sent without undue delay to the contact specified in iii.b.
(!) and iii.b. (2) for accurate records of the as-built system.
Decommissioning and Abandonment
1. Decommissioning and abandonment requirements shall only apply to Level 2 and 3 solar
energy systems
a) Level I systems shall be exempt from decommissioning and abandonment requirements.
2. A solar energy system that ceases to produce energy on a continuous basis for 12 months
will be considered abandoned unless the current responsible party (or parties) with
ownership interest in the solar energy system provides substantial evidence (updated every
six (6) months after 12 months ofno energy production) to the Planning Director of the
intent to maintain and reinstate the operation of that facility. It is the responsibility of the
responsible party (or parties) to remove all equipment and facilities and restore the parcel
to its condition prior to development of the solar energy system. Restoration to less than the
original condition is acceptable when it is requested in writing by the parcel owner.
PERSON COUNTY PLANNING ORDINANCE
142
3. At the time ofapplying for permits, the applicant (solar energy system developer or property
owner) shall include a decommissioning plan addressing the following items:
a) Anticipated life of the solar energy system.
b) Defined conditions upon which decommissioning will be initiated (i.e. end of land lease,
no power production for 12 months, etc.)
c) Removal of all non-utility owned equipment, conduit, structures, fencing, solar panels;
and foundations.
d) Restoration of property to condition prior to development of the solar energy system.
e) Timeframe for completion of decommissioning activities, not to exceed one (I) year.
f) Description and copy of any lease or any other agreement with the property owner
regarding decommissioning.
g) Name and address of person or party responsible for decommissioning.
h) Plans and schedule for updating the Decommissioning Plan.
i) A verifiable means of determining if the decommissioning plan needs to be activated
due to cessation of use for 365 days, such as a letter from the electric utility stating that
it will notify the Planning Department within ten ( I0) business days if electricity is not
received from an array within the solar energy system for 365 days.
j) Estimated decommissioning costs including contingency costs of at least 25% (in
current dollars), as provided by an appropriately experienced, North Carolina licensed
Engineer, under seal.
4. Prior to the issuance of a zoning compliance certificate, the county must receive a
performance guarantee in favor of the county in an amount equal to 1.25 times the estimated
decommissioning cost as determined by a North Carolina licensed engineer. The
performance guarantee must be satisfactory to the Planning Director and may include a
performance bond, irrevocable letter of credit, cash deposit or other surety approved by the
Planning Director and County Attorney. Following initial submittal of the performance
guarantee, the cost calculation for decommissioning shall be reviewed every three (3) years,
and adjusted accordingly based upon an updated estimate of a North Carolina licensed
Engineer under seal, of the estimated decommissioning costs. Failure to comply with any
requirement of this section shall result in the immediate termination and revocation of all
prior approvals and permits; further, the County shall be entitled to make immediate demand
upon, and/or retain any proceeds of the surety, which shall be used for the decommissioning
and/or removal of the solar energy system, even if it is still operational.
PERSON COUNTY PLANNING ORDINANCE
143
88-3 Legal Provisions
(Rev. 2/7/22)
Procedure for Solar Energy System Development Approval
1. After the effective date of this ordinance, no proposed solar energy system as defined in this
ordinance and within Person County's jurisdiction shall proceed with construction until it
has been submitted to and approved by the Planning Director or his/her designee and as
evidenced by an approved Person County Zoning Permit in accordance with the provisions
of this ordinance.
2. Existing SES developments are governed under the Planning Ordinance regulations in place
prior to the effective date of this ordinance unless a major modification as defined by this
ordinance is proposed and requires a new Special Use Permit to be issued. If a new Special
Use Permit is required, the SES will be required to meet the provisions of this Ordinance.
3. Level 1 Solar Energy Systems as Permitted Uses
Level 1 solar energy systems allowed as permitted uses must meet the applicable height,
setback, and related district standards. Level 1 solar energy systems must complete the
following for approval:
a) Approval from Person County Environmental Health or the City of Roxboro Public
Works.
b) Addressing from Person County GIS.
c) Zoning permit application and site plan for Person County Planning and Zoning. *
d) Building permit application and building plans for Person County Building Inspections.
In addition to general site plan requirements, site plans submitted to Person County Planning
and Zoning for Level I solar energy systems must show the following:
a) The entire property boundary including existing structures.
b) Planned location of each solar array and accessory equipment.
c) The front, rear, and side setbacks of the solar array and accessory equipment.
d) (If applicable) Required buffer areas with description.
e) A table containing the number, dimensions, height, and type of each proposed solar
array including their generating capacity.
PERSON COUNTY PLANNING ORDINANCE
144
* Following completion of construction, Level 1 ground mounted solar energy systems may
be required to submit a final as-built survey to the Planning Director. Following approval
of the final as-built survey, systems may receive their Certificate of Occupancy.
4. Level 2 Solar Energy Systems as Permitted Uses
Level 2 solar energy systems allowed as permitted uses must meet the applicable height,
setback, aviation notification, and related district standards. Level 2 solar energy systems
must complete the following for approval:
a) l. Approval from Person County Environmental Health or the City of Roxboro Public
Works.
b) Addressing from Person County GIS.
c) Zoning permit application and site plan for Person County Planning and Zoning. *
d) Decommissioning Plan submitted to Person County Planning and Zoning.
e) Building permit application and building plans for Person County Building Inspections.
In addition to the standards listed in the Person County Planning Ordinance Commercial
and Industrial Site Plan Requirements, the site plan submitted to Person County Planning
and Zoning must show the following:
a) Planned location of each solar array and accessory equipment.
b) The front, rear, and side setbacks of the solar array and access01y equipment.
c) (If applicable) Required buffer areas with description.
d) A table containing the number, dimensions, height, and type of each proposed solar
array including their generating capacity.
* Level 2 solar energy systems in the Neuse watershed may require additional materials
Following completion of construction, all Level 2 solar energy systems shall submit a final
as-built survey to the Planning Director. Following submission and approval of the final as-
built survey, Level 2 solar energy systems must receive an approved final zoning inspection
performed on-site by the Person County Planning and Zoning Department prior to receiving
their Certificate of Occupancy. Prope1ties located in the Neuse watershed may require
additional materials prior to receiving their Ce1tificate of Occupancy.
5. Level 2 and 3 Solar Energy Systems Requiring Special Use Permits or Conditional District
Rezonings
PERSON COUNTY PLANNING ORDINANCE
145
Level 2 and 3 solar energy systems requiring Special Use Permits or Conditional District
Rezonings must submit a completed Special Use Permit/Conditional District Rezoning
Application and site plan to the Person County Planning and Zoning Department*. A copy
of all aviation requirements shall also be submitted to the Person County Airport
Commission. Applicants may choose to provide a sketch plan to the Planning Administrator
ahead of a site plan, as sketch plans do not require much investment and are an oppo1tunity
for the Planning Administrator to point out design changes ahead of more expensive site
planning.
a) In addition to the standards listed in the Person County Planning Ordinance Commercial
and Industrial Site Plan Requirements, the site plan submitted to Person County
Planning and Zoning must show the following:
i. A narrative describing the proposed solar energy systems, including an overview
of the project and estimated megawatt output of the project,
ii. Planned location of each solar array and accessory equipment.
iii. The front, rear, and side setbacks of the solar array and accessory equipment.
iv. (If applicable) Required buffer areas with description.
v. A table containing the number, dimensions, height, and type of each proposed
solar array.
vi. Location where wiring is brought together for inter-connection to the system
components and/or the local utility power grid, and location of disconnect
switch.
vii. Location of any onsite battery storage systems/units.
* Level 2 and 3 solar energy systems in the Neuse watershed may require additional
materials
b) The following information shall also be included in the submittal for a special use permit
or conditional district rezoning application:
i. A copy of the lease agreements with each property owner and any access and
utility easements. Lease agreements shall have a provision that describes how
the agreement may be renewed. Identifying information, as defined in North
Carolina General Statute §14-113.20(b), and proprietary information may be
redacted.
PERSON COUNTY PLANNING ORDINANCE
146
ii. Evidence that the electrical utility provider has established an
agreement/contract with the solar energy system owner to install an
interconnected system. Any customer- owned generator (off grid systems) shall
be exempt from this requirement.
iii. Documentation regarding the type and quantity of battery storage units and
configurations, if onsite battery storage systems are to be used. Any battery
storage technology that contains PFAS (Polyfluoroalkyl substances) must be
noted in the application. If the project intends on using Pf AS-containing battery
storage technology, a containment plan and a separate decommissioning plan
from the plan described below must be submitted for approval. If the battery-
decommissioning plan includes recycling as a method for disposition of the
spent batteries, the name of the recycling facility permitted to accept PFAS-
containing batteries must be provided. If the project does not intend to use PFAS-
containing batteries, cettification from the battery manufacturer must be
provided stating that the batteries used do not contain PFAS.
iv. A Phase I Environmental Site Assessment prepared by a duly licensed
professional in the State of North Carolina
v. Fire Prevention and Emergency Response facilities shall be installed by the solar
energy system owner and approved by the Person County Fire Marshal to
include, at a minimum, the following:
a. Confirmation that the fire department located in the same fire district as the
major solar energy system has or will acquire equipment to contain and
extinguish any fire at the solar energy system. Any new equipment requested
by the fire district shall be paid for by the major solar energy system owner.
b. Chemical fire suppressants shall be located and properly stored at each
battery storage area and transformer as directed by the County Fire Marshal.
c. An Emergency Response Plan consistent with all applicable Federal
Emergency Management Agency guidelines shall be prepared by the solar
energy system owner and approved by the County Fire Marshal.
d. The 50' area in between the edge of the buffer and the panels shall be
maintained and inspected on an annual basis (see Section 3.1-i) to ensure that
emergency vehicles can adequately access the perimeter of the site.
vi. Other relevant studies, reports, certifications, information, documents and
approvals as may be reasonably requested by the County to ensure compliance
with this ordinance. Recognizing the unique environmental challenges of a solar
PERSON COUNTY PLANNING ORDINANCE
147
energy system, studies that may be required under this paragraph may include
but are not limited to the following:
a. Field surveys for all State or Federal listed species that are protected under
State or Federal Law;
b. Geologic reports mapping and describing geological resources such as
bedrock outcrops, groundwater recharge zones, seeps, springs and general
characterization of groundwater resources;
c. Surface water resources including wetlands;
d. Site specific soil surveys to include information on prime farmland soils as
classified by the USDA Natural Resources Conservation Service, hydric
soils and hydric components ofnon-hydric soil series, soil erodibility,
agricultural suitability and. site index for growing timber;
e. Environmental constraints analysis;
f. Other studies of the project site, receiving waters, and adjacent or nearby
natural and environmental resources as may be requested by any County
agency.
6. Special Use Permit/Conditional District Rezoning Applications and site plans shall be
submitted in a timely manner so as to allow Person County Planning and Zoning staff
adequate time to meet legislative advertising requirements. The Person County Board of
Commissioners will conduct a public hearing to review the solar energy system Special Use
Permit/Conditional District Rezoning (the Planning Board shall also review the conditional
district rezoning prior to review by the Board of Commissioners). Following review of the
application, the Board of Commissioners will render a decision.
7. Following approval of the Special Use Permit or Conditional District Rezoning, Level 2 and
3 solar energy systems mnst complete the following for approval:
a) Approval from Person County Environmental Health or the City of Roxboro Public
Works.
b) Addressing from Person County GIS.
c) Zoning permit application and approved site plan for Person County Planning and
Zoning.*
d) Decommissioning Plan submitted to Person County Planning and Zoning.
e) Building permit application and building plans for Person County Building Inspections.
PERSON COUNTY PLANNING ORDINANCE
148
* Level 2 and 3 solar energy systems in the Neuse watershed may require additional materials
8. Following completion of construction, all Level 2 and 3 solar energy systems shall submit
the following:
a) A final as-built survey shall be submitted to the Planning Director.
b) A letter of certification from a North Carolina licensed engineer indicating that the
inverter noise shall not exceed the lower of3dBA Leg (I HR) above preconstruction
background or 40 Leg (I HR) dBA, measured at any prope11y line during output that
exceeds 95% rated capacity from the facility.
Following submission and approval of the final as-built survey, Level 2 and 3 solar energy
systems must receive an approved final zoning inspection performed on-site by the Person
County Planning and Zoning Department prior to receiving their Ce1tificate of Occupancy.
Properties located in the Neuse watershed may require additional materials prior to
receiving their Ce11ificate of Occupancy.
9. An annual inspection performed by the Planning Director and/or his designee to ensure
compliance with the requirements of this ordinance and an inspection fee shall be charged
to the owner of the solar energy system as set out in the official fee schedule approved by
the Person County Board of Commissioners. Any deficiencies noted shall be corrected upon
receipt ofnotice from the Planning Director, either following the annual inspection or when
the deficiency becomes known to the Planning Director or owner of the solar energy system.
Penalties/or Violations
Any person, firm, corporation, or other entity who constructs, maintains or operates, or who
controls the maintenance of a solar energy system in violation of this Ordinance shall be guilty
of a misdemeanor and subject to prosecution, and if convicted, shall be punished by a fine not
to exceed $500, or by imprisonment not to exceed 30 days, or both, in the discretion of the comi.
Each day that said solar energy system is constructed, maintained or operated in violation of
this Ordinance shall constitute a separate and distinct offense.
Severabi!ity
Should any provision of this Ordinance be declared by any court, administrative body, or board,
or any other governmental body or board, to be unconstitutional, invalid, preempted, void, or
otherwise inapplicable for any reason, such decision shall not affect the validity of this
Ordinance as a whole or any part thereof other than the pmi so decided to be unconstitutional,
invalid, preempted, void, or otherwise inapplicable.
Variance
A variance from the provisions of this Ordinance may be authorized by the Board of Adjustment
provided that all of the following criteria are met:
PERSON COUNTY PLANNING ORDINANCE
149
1. Unnecessary hardship would result from the strict application of the Ordinance. It shall not
be necessary to demonstrate that, in the absence of the variance, no reasonable use can be
made of the property.
2. The hardship results from conditions that are peculiar to the properiy, such as location, size,
or topography. Hardships resulting from personal circumstances, as well as hardships
resulting from conditions that are common to the neighborhood or the general public, may
not be the basis for granting a variance.
3. The hardship did not result from actions taken by the applicant or property owner. The act
of purchasing properiy with knowledge that circumstances exist that may justify the
granting of a variance shall not be regarded as a self-created hardship.
4. The requested variance is consistent with the spirit, purpose, and intent of the Ordinance,
such that public safety is secured, and substantial justice is achieved.
Effective Date
This Ordinance was duly adopted by the Board of Commissioners of Person County, Nmth
Carolina on the 5th day of October 2020 and revised on the 7th day of February 2022.
PERSON COUNTY PLANNING ORDINANCE
150
ARTICLE IX – AIRPORT OVERLAY DISTRICT REQUIREMENTS
SECTION 91 – TO LIMIT HIGHT OF OBJECTS AROUND PERSON COUNTY AIRPORT
(Amended 5/3/21)
It is hereby found that an obstruction has the potential for endangering the lives and property of
users of Person County Airport, and property or occupants of land in its vicinity; that an
obstruction may affect existing and future instrument approach minimums of Person County
Airport; and that an obstruction may reduce the size of areas available for the landing, takeoff,
and maneuvering of aircraft, thus tending to destroy or impair the utility of Person County
Executive Airport and the public investment therein. Accordingly, it is declared:
1. That the creation or establishment of an obstruction has the potential of being a public
nuisance and may injure the region served by Person County Executive Airport;
2. That it is necessary in the interest of the public health, public safety, and general welfare
that the creation or establishment of obstructions that are a hazard to air navigation be
prevented; and,
3. That the prevention of these obstructions should be accomplished, to the extent legally
possible, by the exercise of statutory authority without compensation.
91-1 Reserved
91-2 Airport Zones
In order to carry out the provisions of this Section, there are hereby created and established
certain zones which include all of the land lying beneath the approach surfaces, transitional
surfaces, horizontal surfaces, and conical surfaces as they apply to Person County Executive
Airport. Such zones are shown on the Person County Airport Zoning Map dated May, 1988.
This map, along with a full description of each zone and the height limitations associated with
each zone, is hereby made part of this ordinance and is located in the Person County Planning
Office. An area located in more than one of the zones is considered to be only in the zone with
the more restrictive height limitation.
91-3 Airport Zones High Limitations
Except as otherwise provided in this Ordinance, no structure shall be erected, altered, or
maintained, and no tree shall be allowed to grow or property use permitted in any zone created
by this Ordinance to a height which exceeds the height limitations established by the surfaces
of these zones. These height restrictions supersede any other height restrictions in this
ordinance.
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91-4 Use Restrictions
Notwithstanding any other provisions of this Ordinance, no use may be made of land or water
within any zone established by this Ordinance in such a manner as to create electrical
interference with navigational signals or radio communication between the airport and aircraft,
make it difficult for pilots to distinguish between airport lights and others, result in glare in the
eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike
hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering
of aircraft intending to use the airport.
91-5 Nonconforming Uses
1. Regulations Not Retroactive - The regulations prescribed in this Section shall not be
construed to require the removal, lowering, or other change or alteration of any structure or
tree not conforming to the regulations as of the effective date of the predecessor of this
section adopted January 16, 1989, or otherwise interfere with the continuance of a
nonconforming use.
2. Marking and Lighting - The owner of any existing nonconforming structure or tree is hereby
required to permit the installation, operation, and maintenance thereon of such markers and
lights as shall be deemed necessary by the County Planner to indicate to the operators of
aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers
and lights shall be installed, operated, and maintained at the expense of the County of
Person.
91-6 Permits
1. Existing Uses - No permit shall be granted that would allow the establishment or creation
of an obstruction or permit a nonconforming use, structure, or tree to become a greater
hazard to air navigation, than it was on the effective date of this Ordinance or any
amendments thereto or than it is when the application for a permit is made.
2. Nonconforming Uses Abandoned or Destroyed - Whenever the County Planner determines
that a nonconforming tree or structure has been abandoned or more than 80 percent (80%)
torn down, physically deteriorated, or decayed, no permit shall be granted that would allow
such structure or tree to exceed the applicable height limit or otherwise deviate from the
zoning regulations.
3. Variances - Any person desiring to erect or increase the height of any structure, or permit
the growth of any tree, or use property, not in accordance with the regulations prescribed in
this Ordinance, may apply to the Board of Adjustment for a variance from such regulations.
The application for variance shall be accompanied by a determination from the Federal
Aviation Administration as to the effect of the proposal on the operation of air navigation
facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed
where it is duly found that a literal application or enforcement of the regulations will result
in unnecessary hardship and relief granted, will not be contrary to the public interest, will
not create a hazard to air navigation, will do substantial justice, and will be in accordance
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with the spirit of this Ordinance. Additionally, no application for variance to the
requirements of this Ordinance may be considered by the Board of Adjustment unless a
copy of the application has been furnished to the Airport Manager for advice as to the
aeronautical effects of the variance. If the Airport Manager does not respond to the
application within fifteen (15) days after receipt, the Board of Adjustment may act on its
own to grant or deny said application.
4. Obstruction Marking and Lighting - Any permit or variance granted may, if such action is
deemed advisable to effectuate the purpose of this Ordinance and be reasonable in the
circumstances, be so conditioned as to require the owner of the structure or tree in question
to install, operate, and maintain, at the owner's expense, such markings and lights as may
be necessary. If deemed proper by the Board of Adjustment, this condition may be modified
to require the owner to permit the County of Person, at its own expense, to install, operate,
and maintain the necessary markings and lights.
SECTION 92 – AIRPORT OVERLAY NOISE EXPOSER DISTRICT
92-1 The Airport Overlay Noise Exposure District regulates land uses in the vicinity of the Person
County Airport by determining the yearly day-night average sound levels and identifying land
uses that are normally compatible with various levels of noise exposure. The Overlay District
Area shall be zoned General Industrial (GI) which will allow for compatible uses around the
Airport.
92-2 The AP Overlay District regulates the area surrounding the Airport that has noise levels that
may exceed 65 Ldn, as shown on the Official Zoning Map.
92-3 Where such permitted uses are located within the seventy (70) Ldn or above contour noise
boundary, measures to achieve Noise Level Reduction (NLR) of at least 25 dB and 30 dB shall
be incorporated into the design and construction of portions of these buildings where the public
is received, office areas, noise sensitive areas or where the normal noise level is low.
92-4 The following uses shall not be permitted in the AP Overlay District:
• Churches, Temples, Synagogues
• Day Care Center
• Dwelling, Single-Family
• Manufactured Homes
• Modular Homes
• Funeral Homes
• Assemblies
SECTION 93 – ZONING ORDINANCE TO LIMIT HEIGHT OF OBJECTS AROUND PERSON COUNTY AIRPORT
PERSON COUNTY PLANNING ORDINANCE
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An Ordinance regulating and restricting the height of structures and objects of natural growth,
and otherwise regulating the use of property, in the vicinity of the Person County Airport by
creating the appropriate zones and establishing the boundaries thereof; providing for changes
in the restrictions and boundaries of such zones; defining certain terms used herein; referring to
the Person County zoning map which is incorporated in and made a part of this ordinance;
providing for enforcement; establishing a Board of Adjustment; and imposing penalties.
This Ordinance is adopted pursuant to the authority conferred by Chapter 153A of Statutes of
the State of North Carolina. It is hereby found that an obstruction has the potential for
endangering the lives and property of users of Person County Airport, and property or occupants
of land in its vicinity; that an obstruction may affect existing and future instrument approach
minimums of Person County Airport; and that an obstruction may reduce the size of areas
available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair
the utility of Person County Airport and the public investment therein. Accordingly, it is
declared:
1. that the creation or establishment of an obstruction has the potential of being a public
nuisance and may injure the region served by Person County Airport;
2. that it is necessary in the interest of the public health, public safety, and general welfare that
the creation or establishment of obstructions that are a hazard to air navigation be prevented;
and
3. that the prevention of these obstructions should be accomplished, to the extent legally
possible, by the exercise of the police power without compensation, It is further declared
that the prevention of the creation or establishment of hazards to air navigation, the
elimination, removal, alteration or mitigation of hazards to air navigation, or marking and
lighting of obstructions are public purposes for which a political subdivision may raise and
expend public funds and acquire land or interests in land.
It Is Hereby Ordained By The Person County Board Of Commissioners, As Follows:
93-1 Short Title
This Ordinance shall be known and may be cited as Person County Airport Zoning Ordinance.
93-2 Definitions
As used in this Ordinance, unless the context otherwise requires:
Airport - Means Person County Airport.
Airport Elevation - 609.4 feet mean sea level.
Approach Surface - A surface longitudinally centered on the extended runway centerline,
extending outward and upward from the end of the primary surface and at the same slope as the
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154
approach zone height limitation slope set forth in Section IV of this Ordinance. In plan the
perimeter of the approach surface coincides with the perimeter of the approach zone.
Approach, Transitional, Horizontal, And Conical Zones – These zones are set forth in Section
III of this Ordinance.
Board Of Adjustment - A Board consisting of 5 members appointed by the Person County Board
of Commissioners as provided in Chapter 153 A of the Laws of the State of North Carolina.
Conical Surface - A surface extending outward and upward from the periphery of the horizontal
surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.
Hazard To Air Navigation - An obstruction determined to have a substantial adverse effect on
the safe and efficient utilization of the navigable airspace.
Height - For the purpose of determining the height limits in all zones set forth in this Ordinance
and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise
specified.
Horizontal Surface - A horizontal plane 150 feet above the established airport elevation, the
perimeter of which in plan coincides with the perimeter of the horizontal zone.
Larger Than Utility Runway - A runway that is constructed for and intended to be used by
propeller driven aircraft of greater than 12,500 pounds maximum gross weight and jet powered
aircraft.
Nonconforming Use - Any pre-existing structure, object of natural growth, or use of land which
is inconsistent with the provisions of this Ordinance or an amendment thereto.
Nonprecision Instrument Runway - A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance, or area type navigation
equipment, for which a straight-in nonprecision instrument approach procedure has been
approved or planned.
Obstruction - Any structure, growth, or other object, including a mobile object, which exceeds
a limiting height set forth in Section IV of this Ordinance.
Person - An individual, firm, partnership, corporation, association, joint stock association or
government includes a trustee, a receiver, an assignee, or a representative of any of them.
company, entity; similar
Precision Instrument Runway - A runway having an existing instrument approach procedure
utilizing an Instrument Landing System ( ILS) or a Precision Approach Radar (PAR). It also
PERSON COUNTY PLANNING ORDINANCE
155
means a runway for which a precision approach system is planned and is so indicated on an
approved airport layout plan or any other planning document.
Primary Surface - A surface longitudinally centered on a runway. When the runway has a
specially prepared hard surface, the primary surface extends 200 feet beyond each end of that
runway; for military runways or when the runway has no specially prepared hard surface, or
planned hard surface, the primary surface ends at each end of that runway, 'The width of the
primary surface is set forth in Section III of this Ordinance. The elevation of any point on the
primary surface is the same as the elevation of the nearest point on the runway centerline.
Runway - A defined area on an airport prepared for landing and takeoff of aircraft along its
length.
Structure - An object, including a mobile object, constructed or installed by man, including but
without limitation, buildings, towers, cranes, smokestacks, earth format ion, and overhead
transmission lines.
Transitional Surfaces - These surfaces extend outward at 90 degree angles to the runway
centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each
foot vertically from the sides of the primary and approach surfaces to where they intersect the
horizontal and conical surfaces. Transitional surfaces for those portions of the precision
approach surfaces, which project through and beyond the limits of the conical surf ace, extend
a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90
degree angles to the extended runway centerline.
Tree - Any object of natural growth.
Utility Runway - A runway that is constructed for and intended to be used by propeller driven
aircraft of 12,500 pounds maximum gross weight and less.
Visual Runway - A runway intended solely for the operation of aircraft using visual approach
procedures.
93-3 Airport Zones
In order to carry out the provisions of this Ordinance, there are hereby created and established
certain zones which include all of the land lying beneath the approach surfaces, transitional
surfaces, horizontal surfaces, and conical surfaces as they apply to Person County Airport. Such
zones are shown on Person County Airport Zoning Map consisting of one sheet, prepared by
the Talbert, Cox and Associates, Inc., dated May, 1988, which is attached to this Ordinance and
made a part hereof. An area located in more than one of the following zones is considered to be
only in the zone with the more restrictive height limitation. The various zones are hereby
established and defined as follows:
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1. Utility Runway Visual Approach Zone - The inner edge of this approach zone coincides
with the width of the primary surface and is 250 feet wide. The approach zone expands
outward uniformly to
2. A width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its
centerline is the continuation of the centerline of the runway.
3. Utility Runway Nonprecision Instrument Approach Zone - The inner edge of this approach
zone coincides with the width of the primary surf ace and is 500 feet wide. The approach
zone expands outward uniformly to a width of 2,000 feet at a horizontal distance 5,000 feet
from the primary surface. Its centerline is the continuation of the centerline of the runway.
4. Runway Larger Than Utility Visual Approach Zone - The inner edge of this approach zone
coincides with the width of the primary surf ace and is 500 feet wide. The approach zone
expands outward uniformly to a width of 1,500 feet at a horizontal distance of 5,000 feet
from the primary surface. Its centerline is the continuation of the centerline of the runway.
5. Runway Larger Than Utility With A Visibility Minimum Greater Than li..1. Mile
Nonprecision Instrument Approach Zone - The inner edge of this approach zone coincides
with the width of the primary surface and is 500 feet wide. The approach zone expands
outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the
primary surface. Its centerline is the continuation of the centerline of the runway.
6. Runway Larger Than Utility With A Visibility Minimum As Low As li..1. Mile
Nonprecision Instrument Approach Zone - The inner edge of this approach zone coincides
with the width of the primary surface and is 1,000 feet wide. The approach zone expands
outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the
primary surface. Its centerline is the continuation of the centerline of the runway.
7. Precision Instrument Runway Approach Zone - The inner edge of this approach zone
coincides with the width of the primary surface and is 1,000 feet wide. The approach zone
expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet
from the primary surface. Its centerline is the continuation of the centerline of the runway.
8. Transitional Zones - The transitional zones are the areas beneath the transitional surfaces.
9. Horizontal Zone - The horizontal zone is established by swinging arcs of 5,000 feet radii
for all runways designated utility or visual and 10,000 feet for all others from the center of
each end of the primary surface of each runway and connecting the adjacent arcs by drawing
lines tangent to those arcs. The horizontal zone does not include the approach and
transitional zones.
10. Conical Zone - The conical zone is established as the area that commences at the periphery
of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.
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93-4 Airport ZoneHeight Limits
Except as otherwise provided in this Ordinance, no structure shall be erected, altered, or
maintained, and no tree shall be allowed to grow in any zone created by this Ordinance to a
height in excess of the applicable height herein established for such zone. Such applicable
height l imitations are hereby established for each of the zones in question as follows:
1. Utility Runway Visual Approach Zone - Slopes twenty ( 20) feet outward for each foot
upward beginning at the end of and at the same elevation as the primary surface and
extending to a horizontal distance of 5,000 feet along the extended runway centerline,
2. Utility Runway Nonprecision Instrument Approach Zone – Slopes twenty (20) feet outward
for each foot upward beginning at the end of and at the same elevation as the primary surface
and extending to a horizontal distance of 5,000 feet along the extended runway centerline.
3. Runway Larger Than Utility Visual Approach Zone - Slopes twenty (20) feet outward for
each foot upward beginning at the end of and at the same elevation as the primary surface
and extending to a horizontal distance of 5,000 feet along the extended runway centerline,
4. Runway Larger Than Utility With A Visibility Minimum Greater Than ¾ Mile
Nonprecision Instrument Approach Zone - Slopes thirtyfour (34) feet outward for each foot
upward beginning at the end of and at the same elevation as the primary surface and
extending to a horizontal distance of 10,000 feet along the extended runway centerline.
5. Runway Larger Than Utility With A Visibility Minimum As Low As ¾ Mile Nonprecision
Instrument Approach Zone - Slopes thirtyfour (34) feet outward for each foot upward
beginning at the end of and at the same elevation as the primary surface and extending to a
horizontal distance of 10,000 feet along the extended runway centerline.
6. Precision Instrument Runway Approach Zone - Slopes fifty ( 50) feet outward for each foot
upward beginning at the end of and at the same elevation as the primary surface and
extending to a horizontal distance of 10,000 feet along the extended runway centerline;
thence slopes upward forty (40) feet horizontally for each foot vertically to an additional
horizontal distance of 40,000 feet along the extended runway centerline.
7. Transitional Zones - Slope seven (7) feet outward for each foot upward beginning at the
sides of and at the same elevation as the primary surface and the approach surface, and
extending to a height of 150 feet above the airport elevation which is 609. 4 mean sea level.
In addition to the foregoing, there are established height limits sloping seven (7) feet
outward for each foot upward beginning at the sides of and the same elevation as the
approach surface, and extending to where they intersect the conical surface. Where the
precision instrument runway approach zone projects beyond the conical zone, there are
established height limits sloping seven (7) feet outward for each foot upward beginning at
PERSON COUNTY PLANNING ORDINANCE
158
the sides of and the same elevation as the approach surface, and extending a horizontal
distance of 5,000 feet measured at 90 degree angles to the extended runway centerline.
8. Horizontal Zone - Established at 150 feet above the airport elevation or at a height of 250
feet above mean sea level,
9. Conical Zone - Slopes twenty (20) feet outward for each foot upward beginning at the
periphery of the horizontal zone and at 150 feet above the airport elevation and extending
to a height of 350 feet above the airport elevation.
10. Excepted Height Limitations - Nothing in the Ordinance shall be construed as prohibiting
the construction or maintenance of any structure, or growth of any tree to a height up to 50
feet above the surface of the land.
93-5 Use Restriction
Notwithstanding any other provisions of this Ordinance, no use may be made of land or water
within any zone established by this Ordinance in such a manner as to create electrical
interference with navigational signals or radio communication between the airport and aircraft,
make it difficult for pilots to distinguish between airport lights and others, result in glare in the
eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike
hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering
of aircraft intending to use the airport.
93-6 Nonconforming Uses
1. Regulations Not Retroactive - The regulations prescribed in this Ordinance shall not be
construed to require the removal, lowering, or other change or alteration of any structure or
tree not conforming to the regulations as the effective date of this Ordinance, or otherwise
interfere with the continuance of a nonconforming use.
2. Nothing contained herein shall require any change in the construction, alteration, or
intended use of any structure, the construction or alteration of which was begun prior to the
effective date of this Ordinance, and is diligently prosecuted.
3. Marking and Lighting - Notwithstanding the preceding provision of this Section, the owner
of any existing nonconforming structure or tree is hereby required to permit the installation,
operation, and maintenance thereon of such markers and lights as shall be deemed necessary
by the County Planner to indicate to the operators of aircraft in the vicinity of the airport the
presence of such airport obstruction. Such markers and lights shall be installed, operated,
and maintained at the expense of the County of Person.
93-7 Permits
1. Future Uses - Except as specifically provided in a, b, and c hereunder, no material change
shall be made in the use of land, no structure shall be erected or otherwise established, and
no tree shall be planted in any zone hereby created unless a permit therefor shall have been
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159
applied for and granted. Each application for a permit shall indicate the purpose for which
the permit is desired, with sufficient particularity to permit it to be determined whether the
resulting use, structure, or tree would conform to the regulations herein prescribed. If such
determination is in the affirmative, the permit shall be granted. No permit for a use
inconsistent with the provisions of this Ordinance shall be granted unless a variance has
been approved in accordance with Section VII, 4.
a) In the area lying within the limits of the horizontal zone and conical zone, no permit
shall be required for any tree or structure less than seventy-five (75) feet of vertical
height ·above the ground, except when, because of terrain, land contour, or topograpgic
features, such tree or structure would extend above the height limits prescribed for such
zones.
b) In areas lying within the limits of the approach zones but at a horizontal distance of not
less than 4,200 feet from each end of the runway, no permit shall be required for any
tree or structure less than seventy-five (75) feet of vertical height above the ground,
except when such tree or structure would extend above the height limit prescribed for
such approach zones.
c) In the areas lying within the limits of the transition zones beyond the perimeter of the
horizontal zone, no permit shall be required for any tree or structure less than seventy-
five ( 75) feet of vertical height above the ground, except when such tree or structure,
because of terrain, land contour, or topographic features, would extend above the height
limit prescribed for such transition zones.
d) Nothing contained in any of the foregoing exceptions shall be construed as permitting
or intending to permit any construction, or alteration of any structure, or growth of any
tree in excess of any of the height limits established by this Ordinance except as set forth
in Section IV, 10.
2. Existing Uses - No permit shall be granted that would allow the establishment or creation
of an obstruction or permit a nonconforming use, structure, or tree to become a greater
hazard to air navigation, than it was on the effective date of this Ordinance or any
amendments thereto or than it is when the application for a permit is made. Except as
indicated, all applications for such a permit shall be granted.
3. Nonconforming Uses Abandoned or Destroyed - Whenever the County Planner determines
that a nonconforming tree or structure has been abandoned or more than 80 percent {80%)
torn down, physically deteriorated, or decayed, no permit shall be granted that would allow
such structure or tree to exceed the applicable height limit or otherwise deviate from the
zoning regulations.
4. Variances - Any person desiring to erect or increase the height of any structure, or permit
the growth of any tree, or use property, not in accordance with the regulations prescribed in
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160
this Ordinance, may apply to the Board of Adjustment for a variance from such regulations.
The application for variance shall be accompanied by a determination from the Federal
Aviation Administration as to the effect of the proposal on the operation of air navigation
facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed
where it is duly found that a literal application or enforcement of the regulations will result
in unnecessary hardship and relief granted, will not be contrary to the public interest, will
not create a hazard to air navigation, will do substantial justice, and will be in accordance
with the spirit of this Ordinance. Additionally, no application for variance to the
requirements of this Ordinance may be considered by the Board of Adjustment unless a
copy of the application has been furnished to the Airport Manager for advice as to the
aeronautical effects of the variance. If the Airport Manager does not respond to the
application within fifteen (15) days after receipt, the Board of Adjustment may act on its
own to grant or deny said application.
5. Obstruction Marking and Lighting - Any permit or variance granted may, if such action is
deemed advisable to effectuate the purpose of this Ordinance and be reasonable in the
circumstances, be so conditioned as to require the owner of the structure or tree in question
to install, operate, and maintain, at the owner's expense, such markings and lights as may
be necessary. If deemed proper by the Board of Adjustment, this condition may be modified
to require the owner to permit the County of Person, at its own expense, to install, operate,
and maintain the necessary markings and lights.
93-8 Enforcement
It shall be the duty of the County Planner to administer and enforce the regulations prescribed
herein. Applications for permits and variances shall be made to the County Planner upon a form
published for that purpose. Applications required by this Ordinance to be submitted to the
County Planner shall be promptly considered and granted or denied. Application for action by
the Board of Adjustment shall be forthwith transmitted by the County Planner.
93-9 Board of Adjustment
1. There is hereby created a Board of Adjustment to have and exercise the following powers:
( 1) to hear and decide appeals from any order, requirement, decision, or determination made
by the County Planner in the enforcement of this Ordinance; ( 2) to hear and decide special
exceptions to the terms of this Ordinance upon which such Board of Adjustment under such
regulations may be required to pass; and (3) to hear and decide specific variances.
2. The Board of Adjustment shall consist of five (5) members appointed by the Person County
Board of Commissioners and each shall serve for a term of three ( 3) years until a successor
is duly appointed and qualified. Of the members first appointed, one shall be appointed for
a term of one year, one for a term of two years, and one for a term of three years. Members
shall be removable by the appointing authority for cause, upon written charges, after a public
hearing.
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3. The Board of Adjustment shall adopt rules for its governance and in harmony with the
provisions of this Ordinance. Meetings of the Board of Adjustment shall be held at the call
of the Chairperson and at such other times as the Board of Adjustment may determine. The
Chairperson or, in the absence of the Chairperson, the Acting Chairperson may administer
oaths and compel the attendance of witnesses. All hearings of the Board of Adjustment shall
be public. The Board of Adjustment shall keep minutes of its proceedings showing the vote
of each member upon each question; or if absent or failing to vote, indicating such fact, and
shall keep records of its examinations and other official actions, all of which shall
immediately be filed in the office of the County Planner and on due cause shown.
4. The Board of Adjustment shall make written findings of facts and conclusions of law giving
the facts upon which it acted and its legal conclusions from such facts in reversing,
affirming, or modifying any order, requirement, decision, or determination which comes
before it under the provisions of this Ordinance.
5. The concurring vote of a majority of the members of the Board of Adjustment shall be
sufficient to reverse any order, requirement, decision, or determination of the County
Planner or decide in favor of the applicant on any matter upon which it is required to pass
under this Ordinance, or to effect variation to this Ordinance.
93-10 Appeals
1. Any person aggrieved, or any taxpayer affected, by any decision of the County Planner,
made in the administration of the Ordinance, may appeal to the Board of Adjustment.
2. All appeals hereunder must be taken within a reasonable time as provided by the rules of
the Board of Adjustment, by filing with the County Planner a notice of appeal specifying
the grounds thereof. The County Planner shall forthwith transmit to the Board of Adjustment
all the papers constituting the record upon which the action appealed from was taken.
3. An appeal shall stay all proceedings in furtherance of the action appealed from unless the
County Planner certifies to the Board of Adjustment, after the notice of appeal has been
filed with it, that by reason of the facts stated in the certificate a stay would in the opinion
of the County Planner cause imminent peril to life or property. In such case, proceedings
shall not be stayed except by order of the Board of Adjustment or notice to the County
Planner and on due cause shown.
4. The Board of Adjustment shall fix a reasonable time for hearing appeals, give public notice
and due notice to the parties in interest, and decide the same within a reasonable time. Upon
the hearing, any party may appear in person or by agent or by attorney.
5. The Board of Adjustment may, in conformity with the provisions of this Ordinance, reverse
or affirm, in whole or in part, or modify the order, requirement, decision, or determination
appealed from and may make such order, requirement, decision, or determination as may
be appropriate under the circumstances.
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93-11 Judicial Review
Any person aggrieved, or any taxpayer affected, by any decision of the Board of Adjustment,
may appeal to the Superior Court.
93-12 Penalties
Each violation of this Ordinance or any regulation, order, or ruling promulgated hereunder shall
constitute a misdemeanor and be punishable by a fine of not more than 500 dollars or
imprisonment for not more than 180 days or both; and each day a violation continues to exist
shall constitute a separate offense.
93-13 Conflicting Regulations
Where there exists a conflict between any of the regulations or limitations prescribed in this
Ordinance and any other regulations applicable to the same area, whether the conflict be with
respect to the height of structures or trees, and the use of land, or any other matter, the more
stringent limitation or requiement shall govern and prevail.
93-14 Severability
If any of the provisions of this Ordinance or the application thereof to any person or
circumstances are held invalid, such invalidity shall not affect other provisions or applications
of the Ordinance which can be given effect without the invalid provision or application, and to
this end, the provisions of this Ordinance are declared to be severable,
93-15 Effective Date
Whereas, the immediate operation of the provisions of this Ordinance is necessary for the
preservation of the public health, public safety, and general welfare, an EMERGENCY is
hereby declared to exist, and this Ordinance shall be in full force and effect from and after its
passage by the Person County Board of Commissioners and publication and posting as required
by law. Adopted by the Person County Board of Commissioners.
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ARTICLE X – NONCONFORMING USES
SECTION 101 – INTENT
Within the districts established by this ordinance, there may exist land uses which were lawful
before this ordinance or its predecessor ordinances were passed but which would be prohibited
or restricted under the terms of this ordinance. It is the intent of this ordinance to permit those
nonconforming uses to continue until they are removed, but not to encourage their continuation.
Any land use which was a violation of predecessor Person County Planning Ordinances shall
continue to be a violation of this ordinance and shall not be considered as a nonconforming use.
SECTION 102 – CONTINUATION OF NONCONFORMING USES
(Amended 11-17-92, Amended 5-7-01; Amended 11/17/03; Amended 2/03/03; 5/3/21)
1. Nonconforming uses may not be changed to another nonconforming use unless the Board
of Adjustment determines that such change shall be no more detrimental to the
neighborhood than the existing use; however, no change of title or possession, or right to
possession of property shall be construed to prevent the continuance of a nonconforming
use.
2. Any structure existing at the time of adoption of this Ordinance which does not comply with
setback or yard requirements, or which exceeds height requirements, may be continued in
use but shall not be enlarged or extended unless such extensions or enlargement comply
with all the provisions of this ordinance. No uncovered portion of a building may be covered
if the setback or height requirements are not met. (Amended 6/3/2013; 01/06/2020)
3. Nothing in this ordinance shall be construed to prevent the reconstruction of any building,
conforming or nonconforming, damaged by any means. However, any nonconforming
building which is damaged may only be replaced by a structure of equal or smaller size and
square footage as that of the previous structure. No reconstruction or new construction shall
be allowed which creates any new or additional nonconformity than that which existed at
the time of damage. *(Amended 11/17/92)
4. If a nonconforming use is discontinued for a period of 180 consecutive days or for more
than eighteen months in any three-year period, the future use of the building or land must
be a conforming use.
5. A nonconforming use may be changed to a use of a higher classification and whenever the
use is changed to a higher or conforming classification then it shall not be allowed to change
to the original use or to a lower use. For the purposes of this section, the order of
classification of use, from the highest to the lowest shall be as follows: R, B-1, B-2, GI, and
R-C.
6. If a nonconforming structure or a conforming structure devoted to a nonconforming activity
is destroyed or damaged in any manner, to the extent that the cost of restoration to its
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condition before the occurrence shall not exceed 60 percent of the cost of reconstructing the
entire structure based on the assessed structure value, as recorded by the County Tax
Assessor, it may be repaired or restored, provided such repair or restoration is started within
six (6) months of the damage and completed within twelve (12) months. However, any
nonconforming building which is damaged may only be replaced by a structure of equal or
smaller size and square footage as that of the previous structure. Relief to the time limits
may be granted by the Board of Adjustment. (Added 11/17/2003)
7. A nonconforming structure or a conforming structure devoted to a nonconforming activity
that is damaged by any casualty to an extent more than 60 percent of its assessed value,
based on County Tax Assessor records, shall not be restored except as follows:
a) As a conforming use.
b) If the use is a one-family dwelling, restoration shall be permitted.
c) For structures except a one family dwelling, restoration of a nonconforming structure
shall require approval by the Board of Commissioners. A site plan according to Section
81 will be required. In approving such permit, the Board will consider the stated purpose
for establishing the zoning district in which the structure in question, particularly the
other nonconforming uses, and the hardship which would result from a denial of the
Special Use Permit. The permit shall include conditions as to time for repair to be
completed and any other conditions deemed necessary to carry out the intent of this
section of the ordinance. (Amended 6/3/2013; 5/3/21)
8. (Deleted 6/3/2013)
9. Nonconforming lots of record: Permitted Structures may be erected upon any single lot of
record at the time of adoption of this Ordinance, provided the minimum yard requirements
are met. A variance to the Planning Ordinance is required if the yard width or setback
requirements cannot be met. (Added 6/3/2013)
10. The creation of a lot with a width or area smaller than allowed by existing zoning
requirements is prohibited, except by governmental action, such as road widening. Any lot,
which, by reason of realignment of a public street or highway or by reason of condemnation
proceedings, has been reduced in size to an area less than required by law, shall be
considered a nonconforming lot of record subject to the provisions t forth in this section;
and any lawful use or structure existing at the time of such highway realignment or
condemnation proceedings which would thereafter no longer be permitted under the terms
of this ordinance shall be considered a nonconforming use or structure as that term is used
in this ordinance. (Added 6/3/2013)
11. When any nonconforming use is superseded by a permitted use, the use shall thereafter
conform to the regulations for this district, and no nonconforming use shall thereafter be
resumed. (Added 6/3/2013)
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SECTION 103 – REPAIRS AND MAINTENANCE
1. Nothing in this ordinance shall prevent the restoring or strengthening of a nonconforming
structure to a safe condition, provided that the square feet of the structure shall not be
increased.
2. Should any nonconforming structure be moved for any reason within the Zoning
Jurisdiction of Person County, it shall conform to the regulations for the district in which it
is to be located.
SECTION 104 – NONCONFORMING LOTS OF RECORD
(Amended 2/1/93)
104-1 (Deleted 6/3/2013)
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ARTICLE XI – OFF-STREET PARKING AND LOADING
(Amended 3/8/99; 9/2/2008; Added 8/4/2008; Amended 9/6/2016)
110-1 Required off-street parking shall be provided on every lot or within a distance of 500 feet from
the lot if such parking space cannot be reasonably provided on that lot. Each application for a
Certificate of Occupancy/Compliance shall include information as to:
• Location and dimensions of off-street parking and loading space;
• Distance between that parking/loading space and street or alley;
• Ingress and egress of the property.
110-2 An off-street parking space shall not be less than 9' x 18' per space. Twenty percent of required
parking spaces to be for compact cars with a minimum size of 7.5’ x 15’. (Added 8/4/2008,
Amended 9/2/2008)
110-3 The following off-street parking space shall be provided: (Added 8/4/2008)
USE REQUIRED OFF-STREET PARKING
Residence-Single Family 2 spaces
Residence, Duplex 4 spaces
Residence, Multi-Family / Residential
Group 2 ½ Spaces for each dwelling unit
Offices 1 space for every 250 sq. ft. of gross floor area
Retail Business (Amended 11-18-91) .7 of a space for every 200 sq. ft. of gross floor area
Churches 1 space for every 5 seating spaces in principal sanctuary
Auditoriums, Stadiums and Theaters 1 space for every 5 seats
Motels, Tourist Homes and Boarding
Houses 1 space for every rental room
Hospitals and Nursing Homes 1 space for every bed space
Medical Clinics 4 spaces for each doctor plus 1 space for each employee
Wholesale Establishment, Warehouse and
other businesses not catering to retail or
package trade
1 space for every 3 employees during maximum
employment and 1 space for every truck to be stored or
stopped simultaneously
Light or Heavy Industrial (LI/HI)
1 space for every 1.5 employees during maximum
employment and 1 space for every truck to be stored or
stopped simultaneously
Institutions and Clubs 1 space for every 5 seats in principal assembly room
Community or Private Swimming Clubs 1 space for every 5 memberships
Day Care Center 1 space for each adult attendant and 1 space for every six
children or fraction thereof
Restaurants 1 space for each 5 seats
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Assisted Living/Home for the Aged
(amended 3/8/99) 1 space for every 2 bed spaces
Independent Living Facility (age restricted)
(added 8/4/2008)
1 space per unit and 1 space per employee during
maximum employment
ARTICLE XII – SIGNS
(Amended 3/17/97, 7/7/97, 7/2/2001)
SECTION 121 – PURPOSE AND SCOPE
This ordinance is intended to address the placement of signs within the county's jurisdiction for
the following purposes: to promote traffic safety; to prevent business and advertising signs from
conflicting with public safety signs; to ensure that permitted signs do not become a hazard or
nuisance; to prevent the overcrowding of land; to facilitate fire and police protection; to protect
and enhance the value of properties; to provide a pleasing overall environmental setting and
good community appearance which is deemed vital to the continued economic attractiveness of
the county; and to promote the public safety and welfare of the county.
SECTION 122 – SIGN COMPLIANCE
No sign shall be constructed, erected, modified, placed, maintained, or moved, except as
authorized by this Ordinance. Unless otherwise exempted, a zoning permit must be obtained
before a sign is erected, modified, or moved on a zoning lot. No sign shall be placed within a
public right-of-way or within the sight triangle of a roadway intersection as would be
determined by N.C. Department of Transportation. Any sign authorized in this ordinance is
allowed to contain non-commercial copy in lieu of any other copy. (Amended 7/7/97)
SECTION 123 – SIGS EXEMPTED
The following signs shall be exempt from regulations under this ordinance, regardless of
whether they may be considered "signs":
1. Commemorative tablets or signs, historical or memorial markers or monuments, erected by
or with the permission of the Person County Board of Commissioners, Roxboro City
Council or the N.C. Department of Transportation.
2. Any official traffic control or other public sign;
3. Lights and decorations with no commercial message temporarily displayed on traditionally
adopted civic, patriotic or religious holidays;
4. Signs carried by people;
5. Signs located on the interior of buildings, courts, lobbies, stadiums or other structures which
are not intended to be seen from the exterior of such structures; and,
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6. Signs not visible from a public or private street.
SECTION 124 – TEMPORARY SIGNS
The following temporary signs do not require a zoning permit; however, these signs shall
conform to the standards and provisions of this section and other applicable parts of this
ordinance. Unless otherwise stated herein, temporary signs shall not exceed forty (40) square
feet in area per sign face, or have more than one sign face per direction of travel or exceed six
(6) feet in height.
1. Real estate signs.
2. Construction site identification signs.
3. Seasonal Agricultural Signs. Such signs may be erected for the purpose of advertising and
directing potential patrons to the seasonal sale of agricultural products produced and offered
for sale at bona fide farming operation. Seasonal agricultural signs may be erected not
sooner than 30 days before the normal sales or harvest season and must be removed within
30 days after the normal sales or harvest season.
4. Signs erected in connection with elections or political campaigns. Political signs shall not
be erected before the established filing date for an election nor allowed to remain longer
thirty (30) days after the election.
5. Signs indicating that a special event such as a grand opening, fair, carnival, circus, festival,
air show, fundraiser, or similar event is to take place. Such signs may be erected not sooner
than 30 days before the event and must be removed not later than 30 days after the event.
6. Yard sale sign. A sign not exceed 6 square feet may be erected not sooner than two weeks
before the event and must be removed not later than three days after the event.
7. Signs affixed to windows of vehicles displaying information on the terms of sale for said
vehicles.
SECTION 125 – ON-PREMISE SIGNS
(Added 7/2/2001)
An on-premise sign shall be an accessory use incidental to the principal land use; an on-premise
sign shall specifically comply with the following:
1. Area. The maximum area of all free standing on-premises signs shall be 300 square feet.
The area shall mean the surface area of a sign as computed in accordance with Section 131
herein.
2. Height. The maximum height of a free standing on-premise sign shall be 30'. The height
shall mean the height of a sign as determined in accordance with Section 131 herein.
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3. Setback. An on-premises sign shall meet the minimum setback requirement of fifteen (15)
feet. (Amended 11/17/2003)
4. Number Permitted. One free standing on-premises sign shall be permitted per street frontage
of a zoning lot.
5. For permitted commercial/industrial uses, total sign area for building-mounted signs on
building housing only one (1) tenant shall not exceed in the aggregate two (2) square feet
of sign area for each lineal foot of building frontage. No such sign shall be required to be
less than four (4) square feet, nor shall it exceed two hundred (200) square feet. Where
frontage is on more than one street, each frontage shall be considered a separate frontage
for the purpose of this section. (added 7/2/2001)
6. On lots containing buildings housing more than one tenant, sign area for building-mounted
signs for each tenant shall not exceed two (2) square feet for each lineal foot of building
frontage occupied by the tenant, with a maximum sign area for that respective tenant of two
hundred (200) square feet. (Added 7/2/2001)
7. For Planned Building Groups, building-mounted signs are allowed for each tenant and shall
not exceed two (2) square feet for each lineal foot of building. Signage to be approved in
the Special Use Permit process. (Added 7/2/2001)0
8. Awning signs are permitted provided that such sign shall be limited to the drop leaf portion
and the maximum sign area is forty (40) square feet per sign. The area of all permitted
awning signs shall be included in the area allowed for building-mounted signage. (Added
7/2/2001)
9. Marquee signs are permitted and may extend the full length of the marquee on theaters,
auditoriums and assembly halls. Height of the message area may not exceed eight (8) feet
and sign area may not exceed 200 square feet. Only one marquee sign per each
establishment. (Added 7/2/2001)
10. Fuel canopy signage is permitted provided the signage is limited to logo signs and shall not
exceed twelve (12) square feet per canopy side. Signage is not allowed to exceed beyond
the vertical edge of the canopy. (Added 7/2/2001)
11. This section shall be deemed complied with if such on-premise signs are specifically
included as part of sign plan approved as condition of, or pursuant to a special use permit.
125-1 Home Occupation Signs
A home occupation shall be permitted one sign professional or announcement sign per dwelling
unit not exceeding six (6) square feet in area.
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125-2 Subdivision And Multi-Family Development Entrance Signs
At any entrance to a residential subdivision or multi-family development, there may be not more
than two ground signs to identify or identifying such subdivision or development. A single face
of any such sign may not exceed 16 square feet, nor may the total surface area of all such signs
located at a single entrance exceed 32 square feet.
125-3 Industrial Park Entrance Signs
At any entrance to an industrial park, there may not be more than two ground signs identifying
the park. A single face of any such sign may not exceed 100 sq. ft., nor may the total surface
area of all such signs located at a single entrance exceed 150 square feet.
SECTION 126 -- OFF-PREMISE ADVERTISING SIGNS
Off-premise advertising signs are permitted in accordance with the following provisions:
1. Area. The maximum area of an off-premise advertising sign shall 378 square feet per sign
face, one sign face per directional flow of traffic. Signs may be back to back or "V- type"
construction.
The area of the sign shall be computed by means of the smallest square, circle, rectangle,
triangle or combination thereof which will encompass the extreme limits of the writing,
representation, emblem, or other display, together with any material or color forming an
integral part of the background of the display or used to differentiate the sign from the
backdrop or structure against which it is placed, but not including any supporting
framework, bracing, ornamental base or trim.
2. Height. The maximum height of an off-premise advertising sign shall be 30'. Said 30' shall
be measured from: (i) the higher of the unaltered grade of the terrain of the sign location or
(ii) the elevation of the grade of the road shoulder perpendicular to the sign, whichever is
higher, to the uppermost part of the sign or sign structure, whichever is higher.
3. Setback. An off-premise advertising sign shall comply with the following minimum
setbacks requirements:
a) In General Industrial (GI), Highway Business (B-1), and Neighborhood Business (B-2)
an off-premise advertising sign shall be set back a minimum of 15' from the road right-
of-way and 15' from the side property lines; and
b) In a Rural Conservation (RC) Zoning District an off-premise advertising sign shall be
set back a minimum of 15' from the road right-of-way, and 50' from the side property
lines.
4. Spacing from Other Off-Premise Advertising Signs No off-premise advertising sign shall
be located closer than 1400' from any other off-premise advertising. A sign on the opposite
side of the road or highway shall not be located closer than 400 feet to an off-premise sign
already erected. These distances are to be measured along the edge of the pavement between
the closest points of the sign from a line drawn perpendicular to the edge of the pavement
to the edge of the sign.
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5. Spacing from Other Structures or Land Uses. No off-premise advertising sign shall be
placed within 300' of any zoning lot used for a school or public park.
6. Allowed Use. Notwithstanding other provisions of this ordinance, off-premise advertising
signs shall be allowed as a principal or accessory use incidental to the principal land use
when erected in a Highway Business (B-1), Neighborhood Business (B-2), Rural
Conservation (RC), or General Industrial (GI) Zoning District.
7. Most restrictive provisions apply. When or if any portion of this ordinance is in conflict
with any applicable state or federal regulations or statutes, the more restrictive provisions
shall apply.
8. A property owner may not create a lot after March 17, 1997, that does not meet minimum
lot size requirements for the purpose of placing an off-premise advertising sign on it.
9. Zoning Permit Required: A zoning permit shall be obtained from the Zoning Administrator
prior to the placement of an off-premises advertising sign. Each request for a zoning permit
shall be accompanied by a:
a) Recorded survey plat or a survey prepared by a registered land surveyor, if available,
showing accurate dimensions of the lot to be built upon and the proposed sign location.
b) In the absence of the above, the proposed sign location may be hand drawn on the
applicable lot depicted on a copy of an official Person County tax map.
c) Tax map reference number and parcel number of the lot to be built upon;
d) To scale drawing of the proposed sign and sign structure; (Note: More detailed structural
information may be required when applying for applicable permits (i.e., building,
electrical) from the Person County Inspection Department. Pursuant to the N.C. State
Building Code, the erector of the sign shall submit to the building official a design and
stress diagram or plan, containing the necessary information to enable the building
official to determine that such sign complies with all the regulations of the code.)
e) Zoning Permit Fee.
126-1 Off-Premise Directional Signs
Off-premise directional signs do not require a zoning permit; however, these signs shall
conform to the standards of this ordinance and other applicable parts of this ordinance. An off-
premise directional sign which does not meet such provisions of this ordinance shall be
considered in violation of the ordinance.
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An off-premise directional sign shall not exceed thirty-two (32) square feet in area per sign face,
or have more than one sign face per directional flow of traffic, or no more than two (2) sign
faces per sign structure, or exceed six (6) feet in height.
Not more than three (3) off-premise directional signs shall contain directions to the same
business or activity.
SECTION 127 – SIGN ILLUMINATION
Signs must be effectively shielded to prevent beams or rays of light from being directed toward
any portion of a traveled road, and must not be of such intensity or brilliance or glare or impair
the vision of the driver of any motor vehicle or otherwise interferes with any driver's operation
of a motor vehicle. No sign shall be so illuminated that it interferes with the effectiveness of or
obscures an official traffic sign, device or signal. All illuminated signs or structures shall be
placed so as to prevent the light rays or illumination from being cast directly on any residence.
SECTION 128 – COMPUTATIONS
The area and height of a sign shall be computed as follows:
1. Area of Individual Signs. The area of a sign shall be computed by means of the smallest
square, circle, rectangle, triangle or combination thereof which will encompass the extreme
limits of the writing, representation, emblem, or other display, together with any material
or color forming an integral part of the background of the display or used to differentiate
the sign from the backdrop or structure against which it is placed, but not including any
supporting framework, bracing, ornamental base or trim.
If the sign consists of more than one section or module, all of the area, including that
between sections or modules, shall be included in the computation of the sign area.
2. Multi-Faced Signs - Computation of Area. For multi-faced signs, the sign area shall include
all sign faces visible from any one (1) point. When two (2) identical sign faces are placed
back to back so that both faces cannot be viewed from any point at the same time, and when
the backs for such sign faces are part of the same sign structure and are not more than forty-
two (42) inches apart, the sign area shall be computed by the measurement of one (1) of the
larger faces.
3. Height. Height shall be measured from: (i) the higher of the unaltered grade of the terrain
of the sign location or (ii) the elevation of the grade of the road shoulder perpendicular to
the sign, whichever is higher, to the uppermost part of the sign or sign structure, whichever
is higher.
SECTION 129 – PROHIBITED SIGNS
(Revised 11/5/01)
The following signs are prohibited:
1. Any non-governmental sign which resembles a public safety warning or traffic sign;
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2. Signs with animated, blinking, chasing, flashing or moving effects except as used to display
time, temperature and messages on an electronic message board, no signs shall contain
flashing lights. (Revised 11/5/01)
3. Animated, rotating, or other moving or apparently moving signs. (Revised 11/5/01)
129-1 Sign Maintenance
All signs supports, braces, poles, wires and other appurtenances of the sign or sign structure
shall be kept in good repair, maintained in a safe condition, and shall conform to the standards
in this section and the North Carolina State Building Codes.
Maintenance of sign supports, braces, poles, wires and other appurtenances of the sign or sign
structure and not the result of damage or destruction shall not require a zoning permit, provided
the sign is not enlarged, moved, or altered in any manner which would create or increase a
nonconforming condition.
A sign face shall be in a state of disrepair when more than twenty (20%) of its' total surface is
disfigured, cracked, ripped or peeling paint or poster paper, or any combination of these
conditions.
No sign shall be allowed to stand with bent or broken sign facing, broken supports, loose
appendages or struts.
No sign or sign structure shall be allowed to have weeds, vines or other vegetation growing on
it and obscuring it from the road or highway from which it is intended to be viewed.
No illuminated sign shall be allowed to operate with partial illumination.
SECTION 130 – NONCONFORMING SIGNS
All signs made nonconforming by this ordinance, but which were lawfully established may
continue provided that no such sign shall be: changed or replaced with another nonconforming
sign except that copy may be changed on an existing sign; expanded; relocated except in
conformance with the requirements of this ordinance; reestablished after damage or destruction
in excess of sixty percent (60) percent of the fair market value immediately prior to the time of
the damage or destruction; modified in any way which increases the sign's degree of
nonconformity; or reestablished after the sign structure has been removed.
As soon as reasonably possible after the effective date of this amendment, the zoning
administrator shall make every reasonable effort to identify all the nonconforming signs with
the county's planning jurisdiction.
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ARTICLE XIII – ADMINISTRATIVE POWERS AND DUTIES
(Amended 5/3/21)
SECTION 131 – ADMINISTRATION
131-1 Duties
Duties assigned to staff may include, but are not limited to, drafting and implementing plans
and development regulations to be adopted pursuant to this Ordinance; determining whether
applications for development approvals are complete; receipt and processing applications for
development approvals; providing notices of applications and hearings; making decisions and
determinations regarding development regulation implementation; determining whether
applications for development approvals meet applicable standards as established by law and
local ordinance; conducting inspections; issuing or denying certificates of compliance or
occupancy; enforcing development regulations, including issuing notices of violation, orders to
correct violations, and recommending bringing judicial actions against actual or threatened
violations; keeping adequate records; and any other actions that may be required in order
adequately to enforce the laws and development regulations under their jurisdiction. A
development regulation may require that designated staff members take an oath of office. The
local government shall have the authority to enact ordinances, procedures, and fee schedules
relating to the administration and the enforcement of this Ordinance. The administrative and
enforcement provisions related to building permits set forth in N.C.G.S. Article 11 shall be
followed for those permits (N.C.G.S. 160D-402).
131-2 Conflict of Interest
No staff member shall make a final decision on an administrative decision required in this
Ordinance if the outcome of that decision would have a direct, substantial, and readily
identifiable financial impact on the staff member or if the applicant or other person subject to
that decision is a person with whom the staff member has a close familial, business, or other
associational relationship. If a staff member has a conflict of interest under this section, the
decision shall be assigned to the supervisor of the staff person or such other staff person as may
be designated by the development regulation or other ordinance. No staff member shall be
financially interested or employed by a business that is financially interested in a development
subject to regulation under this Ordinance unless the staff member is the owner of the land or
building involved. No staff member or other individual or an employee of a company
contracting with a local government to provide staff support shall engage in any work that is
inconsistent with his or her duties or with the interest of the local government, as determined
by the local government (N.C.G.S. 160D-109)
131-3 Zoning Enforcement Officer
The Zoning Enforcement Officer who shall be appointed by the Person County Board of
Commissioners is duly charged with the enforcement of the provisions of this ordinance. If the
Zoning Enforcement Officer finds that any of the provisions of this ordinance are being
violated, he shall notify in writing the person(s) responsible for such violations, indicating the
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nature of the violation and ordering the action(s) necessary to correct it. He shall also take any
other action authorized by this ordinance to ensure compliance with or to prevent violation of
its provisions.
SECTION 132 – APPROVALS AND COMPLIANCE
132-1 Zoning Permit
(Amended 11/18/91; 3/17/97; 5/3/21)
1. Unless otherwise stated in this ordinance, no building, structure (a sign is considered a
structure) or any part thereof designed or intended to be used for other than farm or
agricultural purposes, shall be erected or altered until Zoning permit has been issued by the
Zoning Administrator or authorized representative. (Amended 3/17/97)
2. Each application for a Zoning Permit shall be accompanied by a plat, drawn to scale,
showing accurate dimensions of the lot to be built upon, accurate dimensions of the building
to be erected, its location on the lot, and such other information as may be necessary to
provide for the enforcement of this ordinance. An accurate record of such applications and
plats, together with a record of the action taken thereon shall be kept in the office of the
Person County Planning Department. The Zoning Enforcement Officer may waive any of
these application requirements.
3. Zoning Permit Application Issuance. Any zoning permit expires one (1) year after
issuance,unless work authorized by the permit has substantially commenced, as verified by
the Administrator or designee. Once work has substantially commenced, a zoning permit
shall remain valid through project completion unless the work authorized by the permit is
suspended or abandoned for a period of twelve (12) months. (Amended 8/4/25) Application
may be made to the Zoning Administrator for a new zoning permit to replace any permit
which becomes invalid under this section. In the event a new permit is denied by the Zoning
Administrator, an appeal may be made to the Board of Adjustment.
132-2 Permit of Occupancy/Compliance
1. No land shall be used or occupied, except for farm purposes, and no building or structure
erected or altered shall be used or changed in use for other than farm purposes until a Permit
of Occupancy/Compliance has been issued by the Zoning Enforcement Officer stating that
the building and/or the proposed use complies with the provisions of this ordinance. A
permit of the same shall be required for the purpose of changing any existing use as well as
for maintaining, reviewing, changing or extending any nonconforming use. The
aforementioned Permit shall be applied for coincidentally with the application for a Zoning
Permit and shall be issued within ten (10) working days after notification to the Zoning
Enforcement Officer of completion of the erection or alterations of such building or part in
conformity with the provisions of this ordinance. A record of all such certificates shall be
kept on file in the office of the Zoning Enforcement Officer(s), and copies shall be furnished,
upon request, to any person having a proprietary or tenancy interest in the building or land.
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2. No gas, electric, or water company or municipal departments shall provide utility services
or install a meter at a construction site unless a Zoning Permit has been issued for a building
or use at that location. No gas, electric, or water company or municipal department shall
provide utility service or install a meter in any building or premise or part thereof hereafter,
created, erected, changed, converted, altered or enlarged, wholly or part in its use or
structure unless a Certificate of Compliance shall have been issued thereof.
3. Performance Guarantees
a) In the event that the required improvements or construction has not been completed prior
to the final zoning inspection, the developer shall guarantee the completion of the
required improvements in a development by means of a bond with surety or other
guarantees satisfactory to the County Manager or his/her designee in an equal amount
to one-hundred ten percent (125%) of the estimated cost of the required improvements
whereby improvements may be made and utilities installed. The reasonably estimated
cost of completion shall include one hundred percent (100%) of the costs for labor and
materials necessary for completion of the required improvements. Where applicable, the
costs shall be based on unit pricing. The additional ten percent (25%) allowed under this
section includes inflation and all costs of administration regardless of how such fees or
charges are denominated. One of the following methods shall be pursued by the
developer to ensure the installation of said improvements:
i. Filing a performance or surety bond with the developer/property owner as
principal and a surety approved by the County Manager or his/her designee upon
recommendation of the County Engineer; and in an amount approved by the
County Manager or his/her designee upon recommendation of the County
Engineer, or,
ii. Depositing or placing in escrow a certified check or cash in an amount to be
determined by the County Manager or his/her designee upon recommendation
of the County Engineer. Portions of the security deposit may be released as the
work progresses, or,
iii. Filing an irrevocable letter of credit guaranteeing payment to Person County in
the event of default in an amount to be determined by the County Manager or
his/her designee upon recommendation of the County Engineer, or,
iv. Other form of guarantee that provides equivalent security to a surety bond or
letter of credit. (SL 2019-79 SB 313)
b) The duration of the performance guarantee shall initially be one year, unless the
developer determines that the scope of work for the required improvements necessitates
a longer duration. In the case of a bonded obligation, the completion date shall be set
one year from the date the bond is issued, unless the developer determines that the scope
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of work for the required improvements necessitates a longer duration. (SL 2019-79 SB
313)
c) The developer shall have the option to post one type of a performance guarantee as
provided for in this subsection, in lieu of multiple bonds, letters of credit, or other
equivalent security, for all development matters related to the same project requiring
performance guarantees. Performance guarantees associated with erosion control and
stormwater control measures are not subject to the provisions of this section. (SL 2019-
79 SB 313)
d) A developer shall demonstrate reasonable, good-faith progress toward completion of the
required improvements that are secured by the performance guarantee or any extension.
If the improvements are not completed to the specifications of the Person County, and
the current performance guarantee is likely to expire prior to completion of the required
improvements, the performance guarantee shall be extended, or a new performance
guarantee issued, for an additional period; provided, however, that the extension shall
only be for a duration necessary to complete the required improvements. If a new
performance guarantee is issued, the amount shall be determined by the procedure
provided in this subsection and shall include the total cost of all incomplete
improvements. (SL 2019-79 SB 313)
e) A performance bond or other guaranty as allowed in this subsection may be reduced
proportionally upon the satisfactorily completion of some of the required improvements.
Any reduction shall be limited only to that percentage of completion as determined and
certified by the Zoning Administrator. The reduction shall not exceed 75% of the said
original bond or guaranty.
f) When the required improvements have been completed the developer shall notify the
Planning and Zoning Administrator. The Planning and Zoning Administrator shall
request comments relative to those improvements from the North Carolina Department
of Transportation, the Soil Conservation Service and the Person County Health
Department, who will notify the Planning and Zoning Administrator that the
improvements have been installed to their satisfaction. The Planning and Zoning
Administrator shall request in writing to the County Manager to release the bond, letter
of credit or funds from escrow. When required improvements that are secured by a bond
are completed to the specifications of Person County, or are accepted by Person County,
if subject to county acceptance, upon request by the developer, Person County shall
timely provide written acknowledgement that the required improvements have been
completed. In the event of default by the developer, the County Manager is authorized
to call for payment of the bond or letter of credit or to release security from escrow and
to utilize such funds for the completion of improvements in a manner as determined by
the Board of Commissioners. SL 2019-79 SB 313)
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SECTION 133 – ENFORCEMENT AND PENALTIES
133-1 Inspections
Local Administrative staff may inspect work undertaken pursuant to a development approval to
assure that the work is being done in accordance with applicable State and local laws and of the
terms of the approval. In exercising this power, staff are authorized to enter any premises within
the jurisdiction of the local government at all reasonable hours for the purposes of inspection
or other enforcement action, upon presentation of proper credentials, provided the appropriate
consent has been given for inspection of areas not open to the public or that an appropriate
inspection warrant has been secured (N.C.G.S. 403(e)).
133-2 Notice of Violations
When staff determines work or activity has been undertaken in violation of a development
regulation adopted pursuant to this Ordinance or other local development regulation or any State
law delegated to the local government for enforcement purposes in lieu of the State or in
violation of the terms of a development approval, a written notice of violation may be issued.
The notice of violation shall be delivered to the holder of the development approval and to the
landowner of the property involved, if the landowner is not the holder of the development
approval, by personal delivery, electronic delivery, or first class mail and may be provided by
similar means to the occupant of the property or the person undertaking the work or activity.
The notice of violation may be posted on the property. The person providing the notice of
violation shall certify to the local government that the notice was provided and the certificate
shall be deemed conclusive in the absence of fraud. Except as provided by N.C.G.S. 160D-11-
23, 160D-12-6, or otherwise provided by law, a notice of violation may be appealed to the Board
of Adjustment pursuant to N.C.G.S. 160D-4-5.2 (N.C.G.S. 404-(a)).
133-3 Revocation of Development Approval
Development approvals may be revoked by the local government issuing the development
approval by notifying the holder in writing stating the reason for the revocation. The local
government shall follow the same development review and approval process required for
issuance of the development approval, including any required notice or hearing, in the review
and approval of any revocation of that approval. Development approvals shall be revoked for
any substantial departure from the approved application, plans, or specifications; for refusal or
failure to comply with the requirements of any applicable local development regulation or any
State law delegated to the local government for enforcement purposes in lieu of the State; or for
false statements or misrepresentations made in securing the approval. Any development
approval mistakenly issued in violation of an applicable State or local law may also be revoked.
The revocation of a development approval by a staff member may be appealed to the Board of
Adjustment pursuant to N.C.G.S. 160D-405. If an appeal is filed regarding a development
regulation adopted by a local government pursuant to this Chapter, the provisions of N.C.G.S.
160D-405(e) regarding stays shall be applicable (N.C.G.S. 160D-403(f)).
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133-4 Penalties
1. Subject to the provisions of the development regulation, any development regulation
adopted pursuant to authority conferred by N.C.G.S Article 4 may be enforced by any of
the following remedies:
a) Any person, firm or corporation who violates any provision of this ordinance shall be
guilty of a Class 3 misdemeanor and shall be fined not more than five hundred dollars
($500).
b) Each day a violation exists shall be a separate violation hereunder. (Amended
11/17/2003)
2. This Ordinance may be enforced by an appropriate equitable remedy, including temporary
restraining order, preliminary injunction and permanent injunction as issued by a court of
competent jurisdiction. (Amended 11/17/03) (N.C.G.S. 160D-404(c)).
SECTION 134 – PLANNING BOARD
(Added 8/4/25)
134-1 Membership and Vacancies
The Planning Board shall consist of 7 members who are residents of Person County. The
members shall be appointed by the Board of Person County Commissioners and serve for terms
of three years. Vacancies occurring for reasons other than expiration of terms shall be filled as
they occur for the period of the unexpired term. Faithful attendance at the meetings of the Board
is considered a prerequisite for the maintenance of membership on the Board.
134-2 Duties
It shall be the duty of the Planning Board, in general;
1. To advise the Board of County Commissioners concerning implementation of plans,
including, but not limited to review and comment on all zoning, text, and map amendments
as required by G.S. 160D-6-4 and other tasks assigned by this ordinance.
2. To acquire and maintain in current form such basic information and materials as are
necessary to an understanding of past trends, present conditions, and forces at work to cause
changes in these conditions;
3. To prepare and from time to time amend and revise a comprehensive and coordinated plan
for the physical development of the area;
4. To establish principles and policies for guiding action in the development of the area;
5. To prepare and recommend to the Board of County Commissioners ordinances promoting
orderly development along the lines indicated in the comprehensive plan;
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6. To determine whether specific proposed developments conform to the principles and
requirements of the comprehensive plan for the growth and improvements of the area;
7. To keep the Board of County Commissioners and the general public informed and advised
as to these matters;
8. To perform any other duties which may lawfully be assigned to it.
SECTION 135 – BOARD OF ADJUSTMENTS
(Added 8/4/25)
135-1 Membership and Vacancies
The Board of Adjustment shall consist of five (5) members appointed by the Person County
Board of Commissioners and each shall serve for a term of three (3) years until a successor
is duly appointed and qualified. Members shall be removable by the appointing authority
for cause, upon written charges, after a public hearing.
135-2 Duties
It shall be the duty of the Board of Adjustment, in general;
1. To hear and decide appeals from any order, requirement, decision, or determination
made by the County Planner in the enforcement of this Ordinance;
2. To hear and decide specific variances;
3. To perform any other duties which may lawfully be assigned to it.
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ARTICLE XIV – SUBDIVISION REGULATIONS
SECTION 141 – GENERAL PROVISIONS
141-1 TITLE
These regulations shall hereafter be known, cited and referred to as the Subdivision Regulations
of Person County, North Carolina.
141-2 Authority And Enactment Clause
In pursuance of the Authority conferred by Section 8 of Chapter 160D of the General Statutes
of North Carolina as amended; NOW, THEREFORE, THE BOARD OF COMMISSIONERS
OF PERSON COUNTY, NORTH CAROLINA DOES HEREBY ORDAIN AND ENACT
INTO LAW, THE FOLLOWING ARTICLES AND SECTIONS (Amended 8/4/25).
141-3 Policy
It is hereby declared to be the policy of Person County to consider the subdivision of land and the
subsequent development of the subdivided plat as subject to control of the County pursuant to the
prevailing comprehensive plan in an effort to ensure that orderly, planned, efficient growth is
realized.
141-4 Purpose
1. The regulations as herein described are adopted for the following purposes:
2. To protect and provide for the public health, safety and general welfare of the citizens of
Person County.
3. To protect and conserve the value of land throughout Person County, the value of buildings
or other improvements thereupon, and to minimize the conflicts among the uses of land and
buildings.
4. To guide public and private policy and action in order to provide adequate and efficient
transportation, water, sewerage, schools, parks, playgrounds, recreation, and other public
requirements and facilities.
5. To establish reasonable standards of design and procedures for subdivisions and
resubdivisions, in order to further the orderly layout and use of land; and to ensure proper
legal descriptions and monumenting of subdivided land.
6. To ensure that public facilities are available and are sufficient to accommodate the needs of
the proposed subdivision.
7. To prevent the pollution of air, streams and parks; to assure the adequacy of drainage facilities;
to protect the water table; and to encourage the rational and efficient utilization and
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management of natural resources throughout the county in order to preserve the integrity,
stability, and beauty of the community and the value of the land.
8. To preserve the natural beauty and topography of the county and to ensure that development
is consistent with indigenous natural and physical features.
9. To provide for open spaces through the most efficient design and layout of the land, including
the use of average density in providing for minimum width and area of lots while preserving
the density of land as established in the Official Zoning Ordinance of Person County, North
Carolina.
141-5 Jurisdiction
These subdivision regulations shall govern each and every subdivision of land lying within Person
County and outside the subdivision regulation jurisdiction of the City of Roxboro.
No land shall be subdivided within the subdivision jurisdiction of the county until said subdivision
has received the approval of Person County pursuant to the provisions of this Ordinance.
No building permit, certificate of occupancy or any other permit required by other applicable laws
or ordinances shall be issued for any parcel or plot of land which was created by subdivision after
date of, and not in conformity with, the provisions of these regulations, and, no excavation of land
or construction of any public or private improvements shall commence except in accordance with
the provision as herein expressed.
141-6 Saving Provision
These regulations shall not be construed as abating any action now pending under, or by virtue
of, prior existing subdivision regulations; or as discontinuing, abating, modifying, or altering any
penalty accruing or about to accrue; or as affecting the liability of any person, firm, or corporation;
or as waiving any right of the County under any section or provision existing at the time of
adoption of the regulations; or as vacating or annulling any rights obtained by any person, firm
or corporation, by lawful action of the County except as shall be expressly provided for in these
regulations.
141-7 Subdivision Types
(Amended: 5-3-99, 11-18-25)
Excluded or Exempt plats Surveys meeting the requirements of GS 47-30(f)11.c do not require a
signature from the Planning and Zoning Administrator or the review officer and may be directly
submitted to the Register of Deeds for recordation. The following events shall be excluded from
the provisions of this Ordinance:
1. 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.
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2. The division of land into parcels greater than ten (10) acres if no street right-of-way dedication
is involved.
3. The public acquisition by purchase of strips of land for the widening or opening of streets.
4. 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.
5. The division of land for use as gravesites.
6. A division of land which has been created by a judicial partition and/or sale.
7. 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.
a) A combination of lands which adds land to previously subdivided and recorded lots which
are contiguous to the addition.
Plats 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
141-8 Family Subdivisions
Family subdivisions of property, for residential purpose and use by family members, must meet
the following conditions: (Added 5-7-01)
1. Family member status is granted to a person who is a direct lineal or adopted descendant,
lineal ascendant, sibling or spouse of the grantor.
2. Legal documents such as a birth certificate, marriage certificate or adoption papers will be
used to show family relationship.
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3. 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”.
4. 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.”
5. 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 this ordinance to be imposed. A Family Subdivision may be further subdivided
pursuant to this ordinance.
141-9 Minor Subdivisions
Any division of land where all proposed lots conform to the requirements of this ordinance and
the Planning Ordinance and that does not:
1. Create more than 5 lots, including any remainder.
2. Dedicate a new public road
3. Extend an existing non-conforming private road
4. Extend or require the extension of municipal facilities
5. Create any public improvements
Options for access within a minor subdivision
1. Frontage on a public road
2. Creation of a new private road meeting the Private Road Construction Standards for Person
County
3. Frontage on an existing private road
4. 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)
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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.
141-10 Major Subdivisions
All subdivisions not otherwise classified 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)
141-11 Conditions
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.
SECTION 142 – PROCEDURES FOR REVIEW AND APPROVAL OF MINOR SUBDIVISIONS
142-1 Submission Of Minor Final Plat To The Planning And Zoning Administrator
(As amended 11-3-97, 5-3-99, 5-3-2021)
The requirements for obtaining minor final subdivision plat approval are as follows:
1. The subdivider shall submit to the Planning and Zoning Administrator or his designated agent
at least two (2) prints of the proposed minor subdivision. Copies of the final plat may be
submitted, at the discretion of the developer, simultaneously with the proposed minor
preliminary plat. (Amended 5/3/99)
2. The proposed final plat shall be prepared by a professional land surveyor or engineer licensed
to render said service in the State of North Carolina at a scale of no less than one (1) inch to
two hundred (200) feet and shall comply with GS 47-30, as amended. (Amended 5/3/99)
The following information shall also be included:
• Location of one- hundred year flood plain boundary and floodway, if the United
States Army Corps of Engineers-prepared Flood Hazard Boundary Map is available;
• Reservations and easements to be dedicated to public uses or sites for other than
residential use with notations expressing the purpose and limitation thereof;
The following certificates shall be placed on the minor final plat:
1. All certificates as required by GS 47-30, as amended.
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2. I hereby certify that the subdivision plat as depicted hereon has been granted final approval
pursuant to the Person County Subdivision Regulations.
__________________________________________
Planning and Zoning Administrator Date
Person County, NC
The Planning and Zoning Administrator shall review the final plat of the proposed minor
subdivision and shall render the determination that said proposal does constitute a minor
subdivision and meets all requirements relative thereto. Based upon those findings, the Planning
and Zoning Administrator shall either approve, disapprove or conditionally approve the proposed
final minor subdivision plat.
A decision shall be rendered by the Planning and Zoning Administrator within five (5) working
days after receipt of the proposed minor subdivision. Exempt plats, as defined by the North
Carolina General Statute 47-30 and the Person County Subdivision Ordinance, shall be
reviewed with a decision rendered within three (3) to five (5) business days. The decision of
the Planning and Zoning Administrator may be appealed to the Planning Board by the
developer. Failure of the Planning Board to render a decision within forty-five (45) days shall
constitute approval thereof.
SECTION 143 – PROCEDURES FOR REVIEW AND APPROVAL OF MAJOR SUBDIVISIONS
143-1 Submission Of A Concept Plan To The Planning Board For A Major Subdivision
(As amended 11-18-91, 11-3-97, 5-3-99, 2-7-2000, 5/3/21)
1. The requirements for obtaining concept plan approval are as follows:
a) The subdivider shall initially submit to the Planning and Zoning Administrator or his
designated agent, three (3) prints and one (1) digital copy of the proposed concept plan
according to the published Planning Board review schedule on file in the Planning and
Zoning Department. Once the plan has been reviewed by staff, the subdivider shall submit
a minimum of ten (10) prints for review by the Planning Board (Amended 5/3/99; 5/3/21)
b) The concept plan shall be prepared by a professional land surveyor, engineer, land planner
or landscape architect and may be in sample sketch form depicting labeled indexed
contours at intervals of ten (10) feet and the proposed layout of streets, lots and other
features in relation to existing conditions. (Amended 5/3/99)
2. In the event that a subdivision is to be developed in stages, the concept plan shall be
submitted for the entire development. A construction plat and final plat may be submitted
for each stage.
3. The Planning and Zoning Administrator shall forward the concept plan of the major
subdivision to the Planning Board for review and approval.
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4. After considering any input and/or recommendations received in connection with the
proposed subdivision in addition to any comments which the subdivider may have, the
Planning Board shall approve, disapprove or conditionally approve the proposed major
subdivision construction map or concept plan.
5. Failure of the Planning Board to render a decision within forty-five (45) days after the
concept plan is reviewed at a Planning Board meeting shall constitute approval thereof.
Approval of the concept plan is authorization for the plan to be submitted to the Board of
Commissioners. (amended 5/3/99)
a) Within two (2) weeks upon receiving notice of the Planning Board's approval of the
concept plan,the subdivider shall submit to the Planning and Zoning Administrator or
his/her designated agent ten (10) prints of the approved proposed concept plan.
(Amended 5/3/99)
6. The Board of County Commissioners shall review the proposed concept plan and render a
decision within forty-five (45) days of the Board of Commissioners meeting at which the
concept plan is reviewed. Failure of the Board to act shall constitute approval. (amended
5/3/99)
An approval pursuant to this section shall expire twenty-four (24) months from the date of
approval of the Concept Plan or from February 7, 2000 (the date of approval of this
amendment), whichever is later. (Amended 2/7/2000)
An approved Concept Plan shall become vested for an unlimited time if within the twenty-
four (24) months from the date of approval of the Concept Plan or from February 7, 2000,
(the date of approval of this amendment), whichever is later, the following plans approved by
applicable governmental authorities are delivered to Planning and Zoning: (A) sedimentation
and erosion control plan, and (B) road construction plan. (Amended 2/7/2000)
Neither an approved Concept Plan nor a vested Concept Plan shall be revoked except pursuant
to the standards set forth in 30-7.6 for termination of a vested right (except that for this purpose
30-7.6 is modified to substitute the words “concept plan” for the words “site specific
development plan”). (Amended 2/7/2000)
Prior to the expiration of the twenty-four (24) month approval period for a Concept Plan, an
application for vested rights may be submitted on the basis of a site specific development
plan. Subsequent to the expiration of the twenty-four (24) month approval period, Planning
and Zoning will not accept an application for vested rights. (Amended 2/7/2000)
7. At the subdivider's discretion, he or she may also submit a site specific development plan and
make application for vested right status for a subdivision when submitting it to the Planning
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Board and the County Commissioners for concept plan approval. Vested right status may be
applied for jointly with the concept plan application or may be requested at a later date.
a) Vested right status shall guarantee the right to develop according to the provisions of the
approved concept plan and approved site specific development plan for a period up to and
including two (2) years from the date of approval. Any guaranteed right to develop period
greater than two (2) years and up to a maximum of five (5) years shall be at the discretion
of the Board of County Commissioners.
b) Vested right status for a subdivision and associated concept plan shall be granted only
after a public hearing is conducted by the County Commissioners. Such public hearing
may be conducted in conjunction with the County Commissioners’ consideration of
concept plan approval for the development project or at the time application for a vested
right is submitted. Notification and advertisement of such public hearing shall occur in
the same manner as is designated for an amendment to this ordinance.
c) Approval of a site specific development plan and the granting of vested right status shall
not occur under circumstances where a variance from the provisions of this ordinance is
necessary except in cases where such variance has been previously applied for and
granted.
d) The vested right granted under the approval of a site specific development plan is not a
personal right, but shall attach to and run with the applicable property. All development,
whether by the original applicant and/or landowner and/or their successors, shall occur as
originally designated and approved on the site specific development plan unless
modifications are submitted to and approved by the County Commissioners.
e) The establishment of a vested right under an approved site specific development plan shall
not preclude the application of ordinances or regulations that are general in nature, are
applicable to all property in the county subject to land use regulation, and have no effect
on the allowable type or intensity of use for the subject property. Otherwise applicable
new or amended regulations shall become effective for the subject property upon the
expiration or termination of the vested right.
f) A vested right established by an approved site specific development plan shall terminate:
i. at the end of the applicable vesting period in respect to buildings and uses for
which no valid building permit application has been filed; or,
ii. with the written consent of the applicant and/or landowner; or,
iii. upon findings by the County Commissioners, after a public hearing in which
reasonable notice and advertisement are given, that natural or man-made hazards
at or near the immediate vicinity of the property, if uncorrected, would pose a
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serious threat to the public health, safety, and welfare if the project were to proceed
as originally approved in the site specific development plan; or,
iv. upon payment to the affected applicant and/or landowner of compensation for all
costs, expenses, and other losses incurred by the same including all fees paid in
consideration of financing, and all architectural, planning, marketing, legal, and
other consultant's fees incurred after approval by the County Commissioners.
Compensation shall not include any diminution in value of the subject property;
or,
v. upon findings by the County Commissioners, after a public hearing in which
reasonable notice and advertisement are given, that the land owner, his successors,
or any representatives intentionally supplied in accurate information or made
material misrepresentations which alter the original approval of the County
Commissioners of the site specific development plan; or, upon changes in state or
federal law or regulation that preclude the proposed use or development project as
originally approved in the site specific development plan. The owner and/or
applicant shall have the opportunity in this instance to submit appropriate
applicable modifications to the site specific development plan for the Planning
Board and County Commissioners' approval in order to allow vested right status
to remain valid.
g) Nothing in this ordinance shall require the County Commissioners to grant a vested right
to develop in conjunction with the approval of a concept plan. Nothing shall preclude
subsequent reviews and approvals of site specific development plans by the Planning
Board and County Commissioners to ensure compliance with the terms and conditions of
the original approval, provided such reviews and approvals are not inconsistent with the
original approval. Nothing in this ordinance shall prohibit the County Commissioners
from the revocation of the original approval or from other remedies for failure to comply
with the applicable terms and conditions of all approvals or of this ordinance.
143-2 Submission Of The Major Construction Plat To The Zoning Administrator
(As amended 10-17-88, 6-19-89, 5-3-99)
1. The applicant shall submit the proposed construction plat to the North Carolina Department
of Transportation District Engineer for review. The District Engineer shall render the
determination that said proposal does constitute a construction plat and meets all requirements
relative thereto. (Amended 5/3/99)
a)
A copy of the approved construction plat signed by the District Engineer must be filed
with the Planning and Zoning Administrator prior to any earth disturbing activity.
2. If more than one (1) acre of land is disturbed, an erosion and sedimentation control plan, in
accordance with North Carolina General Statute 113A-57, as amended, shall be prepared and
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submitted to the North Carolina Department of Environment and Natural Resources, land
quality section for review and comment. A copy of the approved erosion and sedimentation
control plan shall be submitted to the planning and zoning administrator. (Amended 5/3/99)
a) If a developer, corporation, private landowner or other person proposes to perform
construction/filling activities in or near a lake, stream, creek, tributary or any unnamed
body of water and its adjacent wetlands, Federal permit authorization may be required
from the U. S. Army Corps of Engineers prior to commencement of earth-disturbing
activities.
3. The Planning and Zoning Administrator or his designated agent shall distribute copies of the
construction plat of the proposed major subdivision to various agencies for review relative to
street design, and erosion and sedimentation control.
143-3 Submission Of The Major Final Plat To The Planning And Zoning Administrator
(As amended: 5-3-99)
1. The requirements for obtaining major final subdivision plat approval are as
follows:
a) The subdivider shall submit to the planning and zoning administrator or his
designated agent, at least three (3) prints of the proposed subdivision prepared
in accordance with the requirements of this Ordinance. (Amended 5/3/99)
b) The proposed major final plat shall be prepared by a professional land
surveyor or engineer licensed to render said service in the State of North
Carolina at a scale of no less than one (1) inch to two hundred (200) feet and
comply with GS 47-30 as amended. (Amended 5/3/99)
THE FOLLOWING INFORMATION SHALL ALSO BE INCLUDED:
• Reservations, easements and alleys to be dedicated to public or private uses as noted with
notes explaining the limitations thereof;
• The location of the one-hundred year flood plain and floodways, if the United States Army
Corps of Engineers-prepared Flood Hazard Boundary Map is available;
2. The following certificates shall be placed on the final plat:
a) All certificates as required by GS 47-30 as amended.
b) I hereby certify that the subdivision plat as depicted hereon has been granted
final approval pursuant to the Person County Subdivision Regulations.
(Amended 05/03/99)
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191
__________________________________________
Planning and Zoning Administrator Date
3. No major final plat shall be approved until all improvements are installed or meet the
requirements as established in Section 33 and the certificates as depicted thereon have been
signed.
4. The Planning and Zoning Administrator shall review the signed final plat for consistency
with the concept plan and construction plat and other requirements as expressed herein.
Based upon those findings, the Planning and Zoning Administrator shall approve,
disapprove, or conditionally approve the proposed final plat.
5. A decision shall be rendered by the Planning and Zoning Administrator within five (5)
working days after receipt of the proposed final plat. The decision of the Planning and
Zoning Administrator may be appealed to the Planning Board by the developer. Failure of
the Planning Board to render a decision within forty-five (45) days shall constitute approval
thereof.
143-4 Bonding Requirements
(As amended 5/3/99; 6/5/06; 5/3/2021)
1. In the event that the required improvements have not been completed prior to the submission
of the major final plat, the developer shall guarantee the completion of the required
improvements in a subdivision by means of a bond with surety or other guarantees
satisfactory to the County Manager or his/her designee in an equal amount to one-hundred
ten percent (110%) of the estimated cost of the required improvements whereby
improvements may be made and utilities installed. The reasonably estimated cost of
completion shall include one hundred percent (100%) of the costs for labor and materials
necessary for completion of the required improvements. Where applicable, the costs shall
be based on unit pricing. The additional ten percent (10%) allowed under this subdivision
includes inflation and all costs of administration regardless of how such fees or charges are
denominated. One of the following methods shall be pursued by the developer to ensure
the installation of said improvements: (Amended 6/5/06; 5/3/2021)
a) Filing a performance or surety bond with the developer/property owner as principal and
a surety approved by the County Manager or his/her designee upon recommendation of
the County Engineer; and in an amount approved by the County Manager or his/her
designee upon recommendation of the County Engineer, or, (amended 6/5/06)
b) Depositing or placing in escrow a certified check or cash in an amount to be determined
by the County Manager or his/her designee upon Adopted March 9, 1987 15
PERSON COUNTY PLANNING ORDINANCE
192
recommendation of the County Engineer. Portions of the security deposit may be
released as the work progresses in accordance with Section 33-5; or, (amended 6/5/06)
c) Filing an irrevocable letter of credit guaranteeing payment to Person County in the event
of default in an amount to be determined by the County Manager or his/her designee
upon recommendation of the County Engineer. (amended 5/3/99; 6/5/06)
d) Other form of guarantee that provides equivalent security to a surety bond or letter of
credit. (SL 2019-79 SB 313)
2. The duration of the performance guarantee shall initially be one year, unless the developer
determines that the scope of work for the required improvements necessitates a longer
duration. In the case of a bonded obligation, the completion date shall be set one year from
the date the bond is issued, unless the developer determines that the scope of work for the
required improvements necessitates a longer duration. (SL 2019-79 SB 313)
3. The developer shall have the option to post one type of a performance guarantee as provided
for in 33-1 of this subsection, in lieu of multiple bonds, letters of credit, or other equivalent
security, for all development matters related to the same project requiring performance
guarantees. Performance guarantees associated with erosion control and stormwater control
measures are not subject to the provisions of this section. (SL 2019-79 SB 313)
4. A developer shall demonstrate reasonable, good-faith progress toward completion of the
required improvements that are secured by the performance guarantee or any extension. If
the improvements are not completed to the specifications of Person County, and the current
performance guarantee is likely to expire prior to completion of the required improvements,
the performance guarantee shall be extended, or a new performance guarantee issued, for
an additional period; provided, however, that the extension shall only be for a duration
necessary to complete the required improvements. If a new performance guarantee is issued,
the amount shall be determined by the procedure provided in 33-1 of this subsection and
shall include the total cost of all incomplete improvements. (SL 2019-79 SB 313)
5. When the required improvements have been completed the developer shall notify the
Planning and Zoning Administrator. The Planning and Zoning Administrator shall request
comments relative to those improvements from the North Carolina Department of
Transportation, the Soil Conservation Service and the Person County Health Department,
who will notify the Planning and Zoning Administrator that the improvements have been
installed to their satisfaction. The Planning and Zoning Administrator shall request in
writing to the County Manager to release the bond, letter of credit or funds from escrow.
When required improvements that are secured by a bond are completed to the specifications
of Person County, or are accepted by Person County, if subject to county acceptance, upon
request by the developer, Person County shall timely provide written acknowledgement that
the required improvements have been completed. (SL 2019-79 SB 313). In the event of
default by the developer, the County Manager is authorized to call for payment of the bond
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193
or letter of credit or to release security from escrow and to utilize such funds for the
completion of improvements in a manner as determined by the Board of Commissioners.
(Amended 5/3/99; 6/5/06; 5/3/2021)
6. The approval of a final plat pursuant to regulations adopted herein shall not be deemed to
constitute or effect the acceptance by the County, a governmental unit or a public body of
the dedication of any street or other ground, public utility line, or other public facility shown
on the plat.
7. The Zoning Administrator or his/her designee will not release nor reduce a performance
bond or other guaranty as allowed in Section 33-1 until a licensed North Carolina engineer
has submitted a certificate stating that all required improvements have been satisfactorily
completed. (Amended 5/3/99; 6/5/06; 5/3/2021)
8. A performance bond or other guaranty as allowed in Section 33-1 may be reduced
proportionally upon the satisfactorily completion of some of the required improvements.
Any reduction shall be limited only to that percentage of completion as determined and
certified by the planning and zoning administrator. The reduction shall not exceed 75% of
the said original bond or guaranty. (Amended 5/3/99)
SECTION 144 – RESUBDIVISION PROCEDURES
1. For any replatting or resubdivision of land, the same procedure, rules and regulations shall
apply as prescribed herein for an original subdivision except that lot sizes may be varied on
an approved plat after recording, provided that (1) no lot or tract of land shall be created or
sold that is smaller than the size shown on the approved plat; (2) drainage, easements or rights
of way shall not be changed; (3) street alignment and block sizes shall not be changed; (4) the
rear lot lines on double tiered lots shall not be changed; (5) the rear portion of lots shall not
be subdivided from the front part; (6) the character of the area shall be maintained.
SECTION 145 – DESIGN STANDARDS
145-1 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)
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)
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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 of the
road.
a) 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.
b) 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.
c)
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)
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 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)
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)
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.
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
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closer than one- hundred-fifty (150) feet to any other previously recorded access. (Amended
5/3/99)
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)
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).
d) 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)
145-2 Street Design Standards - General Provisions
(As amended 10-17-88, 11-7-94, 5-3-99)
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.
PERSON COUNTY PLANNING ORDINANCE
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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. The turnaround may be removed and right of way amended when the
road is extended (Amended 21-01).
3. Left Blank
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:
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i. 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.
ii. 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.
iii. 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.
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.
6. No alley shall have access from a major street or highway but shall have its access points
confined to minor streets.
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.
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 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.
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.
10. Driveways shall be constructed so that drainage water will not run into the road or highway.
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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.
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.
145-3 Blocks
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.
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
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.
145-4 Lots
(As Amended 11-18-91, 5-3-99; 10-7-2002)
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
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2. Every lot shall front or abut on a dedicated street or a private road constructed in accordance
with the provisions of this Ordinance unless otherwise allowed due to the type of subdivision
or other provision of this ordinance:
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.
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.
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 of sufficient depth to determine
the absorption capacity of the soil and the locations of the groundwater table, and of rock
formations and other impervious strata. (The number of percolation tests required and depth
of test holes shall be determined by the County Sanitation.)
6. Should public water and sewer facilities be available and each lot served by same, the
minimum lot size may be reduced to six thousand (6,000) square feet of usable area not less
than sixty (60) feet wide at the building line, subject to approval by the Planning Board.
Should public sewer facilities be available and each individual lot be served by same, the
minimum lot size may be reduced to fifteen thousand (15,000) square feet of usable area not
less than seventy-five (75) feet at the building line, subject to approval by the Planning Board.
Should public water facilities be available and each lot served by same, the minimum lot size
may be reduced to twenty thousand (20,000) square feet of usable area not less than one
hundred (100) feet wide at the building line, subject to approval by the Planning Board.
7. Side lot lines shall be substantially at right angles or radial to street lines.
8. All lots shall conform, to the minimum standards or dimensions noted herein and those
contained in an applicable zoning ordinance, building codes, or other official regulations.
9. Flag Lots – A lot, created by a subdivision, composed of a narrow “flagpole” strip extending
from the street and a much wider “flag” section lying immediately behind a lot or lots having
the required width at the building line for a conventional lot. In the case of a flag lot, the lot
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200
line at the end of the flagpole lying generally parallel to the street to which the flagpole
connects shall be considered the front lot line for setback purposes.
If not properly regulated, flag lots can have a serious impact on land development, drainage,
traffic, aesthetics, emergency access, fire protection, and the overall character of a
neighborhood. Because of these potential negative impacts, flag lots should be considered
a “remedial” action, to be approved only when there is no other option for providing access
to a parcel.
Therefore, Person County discourages and restricts forming flag lots. A flag lot, if necessary
to allow a property owner reasonable use and benefit from his/her land or to alleviate
situations which would otherwise cause extreme hardship for him/her, flag lots are allowed
only:
a) Where necessary to eliminate access onto arterials.
b) To reasonably utilize irregularly shaped land.
c) To reasonably utilize land with difficult topography.
d) To reasonably utilize land with limited site suitable for septic tank nitrification.
e) Where it is unlikely that a road created in lieu of a flag lot would ever be extended, or
otherwise needed to provide access to adjoining parcels.
f) To provide for the protection of significant natural or cultural resources.
No flag lot will be allowed if it increases the number of access points onto a State
Maintained Road. Flag lots are prohibited behind flag lots when they both access the same
road. The minimum width of the flagstaff is 35 feet. The area of the flagstaff portion of the
flag lot shall not be included in the calculation of minimum lot area.
The Person County Planning Board shall recommend denial of any flag lot(s) which in its
opinion do not constitute sound planning, or provide for reasonable subdividing of property,
or create an excessive number of entrances onto an existing or proposed road, or any other
reason that is specified by the Planning Board that is neither arbitrary nor capricious.
In minor subdivisions (1-5 lots, etc.) a flag lot requires a variation (pursuant to Section 71)
and must adhere to the above restrictions. (Added 10/07/2002)
145-5 Reserved.
145-6 Reserved.
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201
145-7 Easements
1. Easements shall be provided for utilities within the right of way of any proposed street in
which front or side lot lines extend to the center of the street. All easements shall be at least
ten (10) feet wide.
2. Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there
shall be provided a storm water easement or drainage right of way conforming substantially
with the lines of such watercourse, and such further width or construction, or both, as will be
adequate for the purpose of drainage. Parallel streets or parkways may be required in
connection therewith.
3. Lakes, ponds, creeks, and similar areas will be acceptable for maintenance only if sufficient
land is dedicated as a public recreation area or park or if such area constitutes a necessary
part of the drainage control system. The acceptance of such dedicated areas must be approved
by the Planning Board before the Board of Commissioners will consider accepting it.
4. All telephone lines and power lines are recommended to be located underground. The
telephone company and the power company shall be provided with copies of the construction
plat by the subdivider and be expected to work with the developer in designing the utilities
plan for the subdivision. The developer and the utility companies shall agree on the width of
easements needed to service lines which are located on the front property line of the lots.
5. Street lighting is optional; however, provisions for street lighting should be incorporated with
the developer's utility plans if street lighting is proposed.
6. Person County does not obligate itself in assuming any costs incurred in developing
underground utilities but encourages developers to investigate the advantages of locating
utility lines underground.
145-8 Sites For Public Utilities
1. To insure orderly development of the County in accordance with the general principles set
forth in the development plan, the Board of Commissioners may require the reservation of
open spaces for parks, schools, fire stations and/or playgrounds for a period of six (6) months
from the date of approval of the concept plan.
SECTION 146 – IMPROVEMENTS AND INSTALLATION OF PERMANENT REFERENCE POINTS
146-1 Improvements and Monuments
(As amended 5-3-99)
1. No subdivisions shall be granted final approval unless the following improvements either
have been constructed or approved as prescribed by this ordinance.
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2. Street right of way shall be graded and paved to sufficient width, properly drained, and
prepared with a proper surface and base so as to be acceptable for maintenance by the North
Carolina Department of Transportation or to the standards for Private Road Designation as
introduced in this Ordinance.
3. All monuments shall be shown on the final plat. (amended 5/3/99)
a) All lot corners, all points where street lines intersect the exterior boundaries of the
subdivision, all angle points and points of curve in each street shall be marked with iron
pins and property corner ties shall be established in accordance with North Carolina
Administrative Code, Title 21, Chapter 56, Section 1600, standards of practice for land
surveying in North Carolina and North Carolina General Statutes 47-30 mapping
requirements (as amended). (Amended 5/3/99)
SECTION 147 – ADMINISTRATION
147-1 Modifications
1. The standards and requirements of this Ordinance may be modified by the Person County
Planning Board in the case of a Planned Unit Development, or other development not having
traditional design, which in the judgment of the Planning Board provides adequate public
spaces and improvements for the circulation, recreation, light, air and service needs of the
tract when fully developed and populated, and which also provides such covenants or other
legal provisions as will assure conformity to and achievement of the plan. The Planning Board
may impose such conditions necessary to ensure adequate design and development. This
section applies to residential development and to non-residential development, as defined in
Appendix A, where special design and development considerations require modification from
traditional standards for residential development. Non-residential lots shall be recorded as
such clearly noting on the recorded plat either Non-Residential - Commercial, Non-
Residential - Industrial, or Non-Residential - Recreational use designation.
147-2 Variations
(As amended 5-3-99)
1. Where, because of topographical or other conditions peculiar to the site, strict adherence to the
provisions of the regulations of this Ordinance would cause an unnecessary hardship (monetary
considerations are not a proper criterion in determining unnecessary hardship), the subdivider
may request a variation. Such request must be submitted in written form and explain the need for
such variation. Any and all variations shall be forwarded to the County Commissioners with
recommendation and rationale for approval or disapproval by the Planning Board. Any variation
thus authorized by the County Commissioners required to be entered in writing in the minutes of
the County Commissioners and the reasoning on which the departure was justified shall be set
forth. (Amended 5/3/99)
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147-3 Penalty
2. Any person who, being the owner or agent of the owner of any land within the subdivision
regulation jurisdiction of Person County as defined herein, hereafter transfers or sells land by
reference to a plat, except for plats recorded in the Office of the Register of Deeds prior to the
adoption date of this Ordinance, showing a subdivision of land before such plat has been properly
approved under this Ordinance and recorded in the Office of the Register of Deeds of Person
County, shall be guilty of a misdemeanor. The description by metes and bounds in the instrument
of transfer shall not exempt the transaction from such penalties. The County, through its County
Attorney or other official designated by the County Board of Commissioners, may enjoin such
illegal transfer or sale by action for injunction.
147-4 Filing of Plat
(As amended 5/3/99)
1. Following adoption of this Ordinance by the Person County Board of Commissioners, the
Register of Deeds shall not thereafter file or record a plat of a subdivision located within the
platting jurisdiction of Person County without the approval of the subdivision by the Planning
and Zoning Administrator as required in this Ordinance, except for plats dated prior to the
adoption of this Ordinance. All approved final plats shall be recorded by the Register of
Deeds. The property owner/developer shall remit to Person County such recordation fees in
addition to review fees, before the final plat is recorded. The landowner shown on the
subdivision plat submitted for recording or his authorized agent, shall sign a statement on the
plat stating whether or not any land shown thereon is within the platting jurisdiction of Person
County as defined in Section 14. The filing or recording of a plat or subdivision without the
approval of the Planning and Zoning Administrator as required by this Ordinance, shall be
null and void. (amended 5/3/99)
147-5 Separability
1. Should any section or provision of these regulations be for any reason held void or invalid by
the courts, it shall not affect the validity of any other section or provision hereof which is not
itself held void or invalid.
2. Wherever the provisions of any other law, ordinance or regulation impose higher standards
than are required by the provisions of this Ordinance, the provisions of such law, ordinance
or regulations shall govern.
147-6 Amendment Procedure
(Amended 11-18-91)
1. This Ordinance may be amended from time to time by the Person County Board of
Commissioners as herein specified but no amendment shall become effective unless it shall
have been proposed by or shall have been submitted to the Planning Board for review and
recommendation. The Planning Board shall have forty-five (45) days within which to submit
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its recommendation. Failure of the Board to submit its recommendation within this time
period shall constitute a favorable recommendation. A public hearing shall be held by the
Board of County Commissioners before adoption of any proposed amendment to this
Ordinance. A notice of such public hearing shall be given once a week for two (2) consecutive
calendar weeks in a newspaper of general circulation in Person County. Said notice shall be
published the first time not less than ten (10) days nor more than twenty-five (25) days prior
to the date established for such public hearing.
147-7 Effective Date
1. This Ordinance, adopted by the County Commissioners of Person County, North Carolina,
shall take effect and be in force from and after March 9, 1987.
147-8 Violation of Subdivision Regulations
(Added 11/17/2003)
1. Violation:
a) Any person, firm or corporation who violates any provisions of this Ordinance shall be
guilty of a Class 3 Misdemeanor and shall be fined not more than five hundred dollars
($500.00). Each day a violation exists shall be a separate violation hereunder.
b) This Ordinance may be enforced by an appropriate equitable remedy, including
temporary restraining order, preliminary injunction and permanent injunction as issued
by a Court of competent jurisdiction. (Added 11/17/2003)
147-9 Appeals
(Added 5/3/2021)
1. Appeals of administrative decisions under this Ordinance shall be heard by the Board of
Adjustment. Appeal petitions shall be submitted to the Person County Planning Department
in accordance with the Board of Adjustments adopted yearly schedule. Petitions shall be
accompanied by a fee to defray the cost of advertising and other administrative costs
involved.
2. An appeal stays all proceedings in furtherance of the action appealed from, unless the
Zoning Enforcement Officer certifies to the Board of Adjustment that, based on the records
of the case, a stay would cause damage to life or property, in which case proceedings shall
not be stayed otherwise than by an order from the Person County Superior Court.
3. After submission of a completed application, the Zoning Administrator will schedule a
public hearing for the Person County Board of Adjustment in accordance with that year's
adopted schedule. The Zoning Administrator shall give notice of a public hearing on the
application. A notice of such public hearing shall be published in a newspaper of general
circulation in Person County. Said notice shall be published not less than five (5) days prior
to the date established for such public hearing. The Zoning Administrator will be
responsible for mailing written notices to all property owners within 500’ of the property
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including the applicant. The Zoning Administrator shall require that notice be posted on the
land subject to the application. The applicant shall post the notice on weatherproof signs
supplied by the Planning Department, one sign per each road frontage and no more than 25’
from the street right-of-way. Signs must be clearly visible from the street and designate
“Zoning Proposal Pending” with the phone number of the Person County Planning office.
4. The Board of Adjustment shall hold an evidentiary hearing to gather competent, material,
and substantial evidence to establish the facts of the case. Testimony heard shall be under
oath.
5. The Board of Adjustment may subpoena witnesses and compel the production of evidence.
If a person fails or refuses to obey a subpoena issued pursuant to this subsection, the Board
may apply to the General Court of Justice for an order requiring that its order be obeyed,
and the court shall have jurisdiction to issue these orders after notice to all proper parties.
No testimony of any witness before the Board pursuant to a subpoena issued in exercise of
the power conferred by this section may be used against the witness in the trial of any civil
or criminal action other than a prosecution for false swearing committed on the examination.
Any person who, while under oath during a proceeding before the Board, willfully swears
falsely, is guilty of a Class 1 misdemeanor. (Added: 3/13/2006)
6. The Board of Adjustment, by a vote of four-fifths of its members, may reverse any order,
requirement, decision, or determination of an administration officer charged with the
enforcement of any provision of this ordinance. The findings of fact and 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)
7. Every final decision of the Board of Adjustment shall be subject to review by the Person
County Superior Court by proceedings in the nature of certiorari.
8. The petition for the writ of certiorari must be filed with the Person County Clerk of Court
within 30 days after the later of the following occurrences:
9. A written copy of the Board's decision has been filed in the office of the Planning and
Zoning Department; and
10. A written copy of the Board's decision has been delivered by personal service or certified
mail, return receipt requested, to the applicant or appellant and every other aggrieved party
who has filed a written request for such copy at the hearing of the case.
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11. 78-9 A copy of the writ of certiorari shall be served upon the Person County.
SECTION 148 – GLOSSARY
148-1 Interpretation Of Terms And Definitions
Words used in the present tense include the future tense.
Words used in the singular number include the plural, and words used in the plural number include the
singular.
The word "person" includes a firm, joint venture, association, organization, partnership, corporation,
trust, and company, as well as individual.
The word "lot" includes the words "plot", "parcel", "tract", or "site".
The word "building" includes the word "structure".
The word "shall" is always mandatory and not merely directory.
The word "may" is conditional and should not be construed as mandatory.
The word "street" includes the words "road" and "highway".
148-2 Definitions
(As amended 05/03/99)
Accessory Building - A detached subordinate structure operated and maintained under the same
ownership and located on the same lot as the principal structure and is not used for residential occupancy.
Alley - A minor right of way, privately or publicly owned, primarily for service access to the rear or side
of properties which have principal frontage on some other street.
Block - A tract of land bordered by streets, or by a combination of streets and public parks, cemeteries,
railroad rights of way, shorelines of watercourses or boundary lines of municipalities.
Board Of County Commissioners - The Board of County Commissioners of the County of Person, North
Carolina.
Bond - Any form of security including a cash deposit, surety bond, collateral, property, or instrument of
credit in an amount and form satisfactory to Person County.
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Building - Any structure, either temporary or permanent, having a roof or other covering, and designed
or used for the shelter or enclosure of any person, animal or property of any kind, including tents,
awnings, or vehicles situated on private property and used for purposes of building.
Building Setback Line - A parallel line located a minimum horizontal distance from the center line of a
street and between that line and the street, no building or parts of a building may be erected, altered, or
maintained except as otherwise provided herein.
Building Inspector - The person designated by Person County to enforce the building codes within its
territorial jurisdiction.
Capital Improvements Program - A proposed schedule of all future projects in order of construction
priority which are to be encumbered by Person County.
Central Sewer System - Any sewage disposal system whether operated publicly or privately other than a
pit privy or a septic tank located on the lot and approved by the Person County Health Department and
the North Carolina Department of Natural Resources and Community Development.
Central Water System - A system operated publicly or privately, whereby the watercourse is not located
on the lot of the consumers and the number of connections must be at least fifteen (15) and approved by
the Person County Health Department and the Water Supply Branch of the North Carolina Department
of Natural Resources and Community Development.
Certificate Of Occupancy - A statement signed by the building inspector setting forth that the building,
structure or use complies with the Zoning Ordinance and any applicable construction codes, and that the
same may be used for the purposes stated herein. (Amended 5/3/99)
Concept Plan - A sketch, preparatory to the preparation of the construction plat for a major subdivision,
to enable the developer to save time and expense in reaching general agreement with the Planning Board
and Board of County Commissioners relative to the general layout and design of the proposed
subdivision.
Developer - Any person, firm, trust, partnership, association, or corporation engaged in development, or
proposed development, of a subdivision.
Easement - Authorization by a property owner for the use by another, and for a specified purpose, or any
designated part of his property.
Frontage - All property abutting on one (1) side of a street measured along the street line.
Grade - The slope of a road, street, or other public way specified in percentage (%) terms.
Improvements - (See Lot Improvement).
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Individual Sewage Disposal System - A septic tank, seepage tile sewage disposal system or any other
approved sewage treatment device.
Individual Water System - The provision of a potable water system by means of an on-site well.
Lot - Land area which is composed of a single parcel or contiguous parcel of land under same ownership
and is recorded as such in the office of the Person County Register of Deeds.
Lot Area - The parcel of land enclosed within the boundaries formed by the property lines plus one-half
of any alley abutting the lot between the boundaries of the lot, if extended.
Lot, Corner - Any parcel of land having frontage on more than one street (road) which abuts an
intersection of those streets (roads).
Lot Depth - The depth of a lot, for the purpose of this Ordinance, is the distance measured in the mean
direction of the side lines of the lot from the midpoint of the front line to the midpoint of the opposite lot
line.
Lot, Double Frontage - A continuous lot of the same depth as the width of a block, accessible from both
rights of way upon which it fronts.
Lot Improvement - Any building, structure, place, work of art, or other object, or improvement of the
land in which said improvements is situated which contributes a physical betterment of real property or
any part of such betterment.
Lot Line - Any boundary of a parcel of land.
Lot Line, Front - Any boundary line of a lot running along a street right-of-way line.
Lot Line, Rear - The rear lot line, shall be the property line(s) which is (are) opposite the front property
line. If no property line is deemed to be opposite the front property line and no minimum building line
exists on the final plat to establish a rear lot line, then there shall be no rear lot line; however, the rear
yard setback shall be maintained from the point (apex) on the property's perimeter which is the furthest
removed from the midpoint of the front line. The rear yard minimum building line shall be a line
perpendicular to a straight line connecting said apex and the midpoint of the front lot line.
Lot Line, Side - A boundary line which is not defined as a front or rear lot line.
Lot Of Record - A lot which has been recorded in the Office of the Register of Deeds of Person County
or a lot described by metes and bounds, the description of which has been recorded in the aforementioned
office.
Lot Width - The horizontal distance between the side lines measured along the front building line as
specified by applicable front yard setback in this Ordinance.
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Major Subdivision - All subdivisions not classified as a minor subdivision including, but not limited to,
subdivisions of six (6) or more lots, or any size subdivision requiring any new street or extension of local
government facilities, or the creation of any public improvements. (Amended 5/3/99)
Minor Subdivision - Any subdivision containing not more than five (5) lots fronting on an existing street,
not involving any new street or road, or the extension of municipal facilities, or the creation of any public
improvements and not adversely affecting the remainder of the parcel of adjoining property, and not in
conflict with any provisions or portion of the comprehensive plan and Zoning Ordinance, or lots located
in one (1) to five (5) lot subdivisions as provided in Section 53-2 of this Ordinance. (Amended 5/3/99)
Non-Residential Subdivision - A subdivision having intended use other than residential, such as
commercial or industrial or recreational.
Official Plan - Any plan officially adopted by the County Commissioners of Person County as a guide
for the development of the County consisting of maps, charts, and/or texts.
Open Carport - A roofed area principally for the shelter of not more than three automobiles, open on at
least two sides and shall be attached to the main building.
Ordinance - Any legislative action, however denominated, of a local government which has the force of
law, including any amendment or repeal thereof.
Owner - Any person, firm or firms, corporation or corporations, or any other legal entity having legal
title to or sufficient proprietary interest in the land sought to be subdivided under these regulations.
Planning Board - A body appointed by the County Commissioners to perform the following duties:
develop and recommend long range development plans and policies; and advise the County
Commissioners in matters pertaining to current physical development and zoning for the County's
planning jurisdiction.
Plat - A map or plan of a parcel of land which is to be, or has been subdivided.
Plat, Construction - The maps or drawings showing the specific location and design of improvements to
be installed in the subdivision.
Plat, Preliminary - The preliminary drawing or drawings for a minor subdivision, described in these
regulations, indicating the proposed manner or layout of the subdivision.
Plat, Final - The map, plan or record of a subdivision and any accompanying material as described herein.
Public Improvement - Any drainage ditch, roadway, parkway, sidewalk, pedestrianway, tree, lawn, off
street parking areas, lot improvement, or other facility for which the local government may ultimately
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assume for the maintenance or operation thereof, or which may affect an improvement for which the
local government responsibility is established.
Resubdivision - A change in a map of an approved or recorded subdivision plat if such change affects
any street layout or such map or area reserved thereon for public use or if said resubdivision reduces any
lot or other tract of land smaller than the area as originally depicted.
Right Of Way - A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road,
electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another
special use.
Right Of Way, Partial-Width - A right of way which has a width of less than fifty (50) feet.
Same, Ownership - Ownership by the same person, corporation, firm entity, partnership, or
unincorporated association; or ownership by different corporations, firms, partnerships, entities or
unincorporated associations, in which a stockholder, partner, or associate, or a member of his family
owns an interest in each corporation, firm, partnership, entity, or unincorporated association.
Setback - The distance between the minimum building line and the street front, side and rear property
lines and where no street right of way is involved, the property line shall be used in establishing the
setback.
Site Specific Development Plan - a plan for land development submitted for the purposes of obtaining a
vested right and must describe with reasonable certainty the development intentions for a specified parcel
or parcels of property. Such a plan drafted by an engineer or professional land surveyor includes, but is
not limited to: The boundaries of the property with bearings and distances; names of adjoining property
owners and a vicinity map; a delineation of the proposed lots including bearings and distances; provisions
regarding water and sewer and any other proposed improvements such as lighting, buffering, recreation
areas, etc.; and a schedule (if any) noting development stages. (Amended 11/18/91, 5/3/99)
Street - A public or private thoroughfare with a width of at least fifty (50) feet which affords access to
abutting property and is recorded as such in the office of the Person County Register of Deeds. Particular
kinds are as follows:
Collector Street - A street intended to move traffic from local streets to secondary arterials.
Cul-De-Sac - A local street with only one outlet and having an appropriate terminal for the safe and
convenient reversal of traffic movement.
Street, Dead-End - A street, or portion of a street, with only one vehicular outlet, which by design may
be extended in order to serve additional lots or to provide access to another street.
Major Thoroughfare - Streets and highways primarily for through, fast or heavy traffic.
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Marginal Access Street - A minor street which is parallel to and adjacent to major highways; and which
provides access to abutting properties and protection from through traffic.
Minor Street - Streets which have been designed primarily to afford access to abutting properties.
Street, Private - A street right-of-way serving residential lots within a subdivision and dedicated for the
exclusive use of property owners therein and permitted guests. Private road maintenance responsibilities
are shared jointly by abutting property owners.
Subdivision - As defined in North Carolina General Statute 153A-335, all divisions of a tract or parcel
of land into two or more lots, building sites or other division for the purpose, whether immediate or
future, and includes all division of land involving the dedication of new streets or a change in existing
streets; however, the following is not included within this definition and is not subject to any regulations
enacted pursuant to this Part:
1. 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.
2. The division of land into parcels greater than ten (10) acres if no street right-of-way
dedication is involved.
3. The public acquisition by purchase of strips of land for the widening or opening of streets.
4. 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.
5. The division of land for use as gravesites.
6. A division of land which has been created by a judicial partition and/or sale.
7. All re-surveys of an existing lot.
8. 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
9. A combination of lands which adds land to previous subdivided and recorded lots which are
contiguous to the addition.
Vested Rights - a right pursuant to the North Carolina General Statutes to undertake and complete the
development of property under the terms and conditions of an approved site specific development plan.
(Amended 11-18-91)
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ARTICLE XV – DEVELOPMENT APPLICATION REVIEW PROCEDURES
(Amended 5/3/21)
SECTION 151 – GENERAL
1. This ordinance establishes the procedures for all approvals, administrative reviews and
administrative relief required by this Ordinance. This ordinance provides the user with a
guide to the procedures to be followed and the criteria for making decisions on each of the
applications. It also provides for appeals from decisions taken to the courts.
2. Development approvals shall be in writing and may contain a provision that the
development shall comply with all applicable State and local laws. Person County may issue
development approvals in print or electronic form. Development approvals issued
exclusively in electronic form shall be protected from further editing once issued (N.C.G.S.
160D-403).
3. All rights, privileges, benefits, burdens, and obligations created by development approvals
made pursuant to this ordinance and the North Carolina General Statute attach to and run
with the land (N.C.G.S. 160D-104).
4. Applications for development approvals may be made by the landowner, a lessee or person
holding an option or contract to purchase or lease land, or an authorized agent of the
landowner. An easement holder may also apply for development approval for such
development as is authorized by the easement (N.C.G.S. 160D-403).
151-1 Duraltion of Approval
1. Development approvals are valid for the following time periods:
a) Development approvals (Zoning permits, Stormwater permits and Floodplain permits)
1 Year
b) Site-specific vesting plans (Special Use Permits, PUDs, subdivision plats, site plans,
preliminary or general development plans, CD-rezonings, and formerly site specific and
phased development plans) 2-5 Years
c) Multi-phased development plans Up to 7 Years
2. After a development approval has been issued, no deviations from the terms of the
application or the development approval shall be made until written approval of proposed
changes or deviations has been obtained. This section defines major modifications to
development approvals that cannot be exempted or administratively approved. Person
County shall follow the same development review and approval process required for
issuance of the development approval in the review and approval of any major modification
of that approval (N.C.G.S. 160D-403).
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3. Development approvals shall be revoked for any substantial departure from the approved
application, plans, or specifications; for refusal or failure to comply with the requirements
of any applicable local development regulation or any State law delegated to the local
government for enforcement purposes in lieu of the State; or for false statements or
misrepresentations made in securing the approval. Any development approval mistakenly
issued in violation of an applicable State or local law may also be revoked. Development
approvals may be revoked by notifying the holder in writing stating the reason for the
revocation. Person County shall follow the same development review and approval process
required for issuance of the development approval, including any required notice or hearing,
in the review and approval of any revocation of that approval. The revocation of a
development approval by a staff member may be appealed to the Board of Adjustment
(N.C.G.S. 160D-403).
151-2 Whenever the Board of Commissioners or Board of Adjustment disapproves a petition from a
member of the public (i.e., appeal, request for a special use permit, variance, request for an
interpretation, request for text or official Planning Map Amendment, vested rights, etc.) on any
basis other than the failure of the applicant to submit a complete application, such action may
not be considered until a period of twelve months’ elapses, unless applicant clearly
demonstrates that:
1. Circumstances affecting the property that is the subject of the application have substantially
changed; or,
2. New information is available that could not with reasonable diligence have been presented
at a previous hearing. A request to be heard on this basis must be filed with the Zoning
Administrator within the time period for an appeal to superior court. However, such a
request does not extend the period with which an appeal must be taken.
Notwithstanding items (1) and (2) listed above, the applicable Board, may at any time consider
a new application affecting the same property as an application previously denied. A new
application is one that differs in some substantial way from the one previously considered. This
determination shall be rendered by the Zoning Administrator within 30 days from the date of
submittal. (Amended 8/5/96)
151-3 Appeals may be made to the Board of Adjustment for any administrative determination under
a development regulation, except for Special Use Permits. The owner or other party shall have
30 days from receipt of the written notice of the determination within which to file an appeal.
Any other person with standing to appeal shall have 30 days from receipt from any source of
actual or constructive notice of the determination within which to file an appeal. In the absence
of evidence to the contrary, given by first class mail shall be deemed received on the third
business day following deposit of the notice for mailing with the United States Postal Service
(N.C.G.S. 160D-405).
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SECTION 152 – CONDITIONAL USE PERMIT AND SPECIAL USE DISTRICTS ISSUED PRIOR TO 5/3/2021
152-1 Any special use district or conditional use district zoning district that is valid and in effect as of
January 1, 2021 shall be deemed a conditional zoning district consistent with the terms of the
North Carolina General Statute 160D and the special or conditional use permits issued
concurrently with establishment of those districts shall be valid as specified in North Carolina
State Law 2019-111 Section 8.1. Any valid “conditional use permit” issued prior to January 1,
2021 shall be deemed a “special use permit” consistent with the provisions of the North Carolina
General Statute 160D.
SECTION 153 – ZONING PERMITS
153-1 Each application for a Zoning Permit shall be accompanied by a plat, drawn to scale, showing
accurate dimensions of the lot to be built upon, accurate dimensions of the building to be
erected, its location on the lot, and such other information as may be necessary to provide for
the enforcement of this ordinance. An accurate record of such applications and plats, together
with a record of the action taken thereon shall be kept in the office of the Planning and Zoning
Department. The Zoning Enforcement Officer may waive any of these application
requirements.
SECTION 154 – AMENDMENTS TO THE ZONING MAP OR ORDINANCE
(Amended 8/5/96; Amended 11/5/01; 7/22/02; Amended 3/13/2006; 9/2/2008; 5/3/21; Added:
3/13/2006)
154-1 Zoning district boundaries adopted pursuant to this Ordinance shall be drawn on a map that is
adopted or incorporated within a duly adopted development regulation. Zoning district maps
that are so adopted shall be maintained for public inspection in the office of the local
government clerk or such other office as specified in the development regulation. The maps
may be in paper or a digital format approved by the local government (N.C.G.S. 160D-105).
Staff will maintain up to date maps following case approval (N.C.G.S. 160D-105).
154-2 Initiation of Amendment - The Board of Commissioners may, at any time, amend, supplement,
change, modify or repeal the boundaries or regulations in this Ordinance, or subsequently
amended. Proposed changes or amendments may be initiated by the Board of Commissioners,
Planning Board, Board of Adjustment, or by one or more owners, optionees or lessees of
property within the area proposed to be changed or affected. This may be done in accordance
with the provisions of this section.
154-3 Submission of Petitions - Petitions to amend this Ordinance or the zoning map shall be
submitted to the Planning and Zoning Department for review according to the adopted Planning
Board and Board of Commissioners yearly schedule. The petition shall include the following:
1. A completed Application for Map Amendment or Application for Text Amendment.
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2. For Amendments to the Official Planning Map, a map drawn to scale showing the exterior
boundaries of the lot(s) which will be covered by the proposed map amendment;
3. For amendments to the Planning Ordinance text, a copy of the existing text provisions which
the applicant proposes for amendment, and a written statement which describes in detail
changes the applicant proposes to make to the text of the Ordinance.
4. The alleged error in the Official Planning Map and/or Planning Ordinance Text which will
be corrected by the proposed amendment with a detailed explanation of such and detailed
reasons how the proposed amendment will correct the same;
5. The changed or changing conditions, if any, in the area or in the County generally, which
makes the proposed Official Planning Map and/or Planning Ordinance text amendment
reasonable necessary to the promotion of the public health, safety and general welfare;
6. The manner in which the proposed Official Planning Map and/or Planning Ordinance text
amendment will carry out the intent and purpose of the Comprehensive Plan or part thereof;
and,
7. All other circumstances, factors and reasons which the applicant offers in support of the
proposed Official Planning Map and/or Planning Ordinance text amendment. (Amended
8/5/96)
Each petition, unless initiated by the Board of Commissioners, Planning Board, Board of
Adjustment, or staff, shall be accompanied by a fee to defray the cost of advertising and other
administrative costs involved.
154-4 Planning Board Review and Recommendation - After submission of a completed application,
the Zoning Administrator will schedule a public hearing for the Planning Board in accordance
with the published Planning Board meeting schedule on file in the Planning and Zoning
Department. A notice of such public hearing shall be published once a week for two (2)
consecutive weeks in a newspaper of general circulation in Person County. Said notice shall be
published the first time not less than ten (10) days and not more than twenty-five (25) days prior
to the date established for such public hearing. (Amended 11/5/01; 7/22/02; 3/13/2006). For
map amendments, the Zoning Administrator will be responsible for mailing written notices to
all property owners within 500’ of the property including the applicant and properties separated
from the subject property by street, railroad, and other transportation corridor (N.C.G.S. 160D-
602). The Zoning Administrator shall 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. When
multiple parcels are included, a posting on each individual parcel is not required, but there
should be reasonable notice provided to interested persons.
1. When conducting a review of proposed zoning text or map amendments pursuant to this
section, the Planning Board shall advise and comment on whether the proposed action is
consistent with the County’s comprehensive plan that has been adopted. The Planning
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Board shall provide a written recommendation to the Board of Commissioners that
addresses plan consistency and other matters as deemed appropriate by the Planning Board,
but a comment by the Planning Board that a proposed amendment is inconsistent with the
comprehensive plan shall not preclude consideration or approval of the proposed
amendment by the Board of Commissioners (N.C.G.S. 160D-604 (d)).
2. When reviewing any zoning text or map amendment, the Planning Board shall approve a
brief statement describing whether its action is consistent or inconsistent with the adopted
comprehensive plan and a brief statement of reasonableness. The statement of
reasonableness and plan consistency required in this section may be approved as a single
statement. Board members may adopt this statement when acting upon the zoning text or
map amendment or as a separate motion (N.C.G.S. 160D-605).
154-5 Board of Commissioners Public Hearing
1. The Zoning Administrator will schedule a public hearing for the Board of Commissioners
in accordance with that year's adopted schedule. A notice of such public hearing shall be
published once a week for two (2) consecutive weeks in a newspaper of general circulation
in Person County. Said notice shall be published the first time not less than ten (10) days
and not more than twenty-five (25) days prior to the date established for such public hearing.
(Amended 7/22/02).
2. The Planning Board shall provide a written recommendation to the Board of Commissioners
that addresses whether the proposed amendment is consistent with the comprehensive plan,
but a comment by the Planning Board that a proposed amendment is inconsistent with the
comprehensive plan shall not preclude consideration or approval of the proposed
amendment by the Board of Commissioners. Prior to adopting or rejecting any zoning
amendment, the Board of Commissioners shall adopt a statement describing whether its
action is consistent with an adopted comprehensive plan and why such action is reasonable
and in the public interest. (Added 3/13/2006)
3. The Planning Board shall have 30 days within which to submit its recommendation to the
Board of Commissioners. If no written report is received from the Planning Board within
thirty days, the Board of Commissioners may proceed in its consideration of the amendment
without the Planning Board report. The Board of Commissioners is not bound by the
recommendation, if any, of the Planning Board. (Amended 7/22/02; 3/13/2006)
4. When adopting or rejecting any zoning text or map amendment, the Board of
Commissioners shall approve a brief statement describing whether its action is consistent
or inconsistent with the adopted comprehensive plan and a brief statement of
reasonableness. The statement of reasonableness and plan consistency required in this
section may be approved as a single statement. Board members may adopt this statement
when acting upon the zoning text or map amendment or as a separate motion (N.C.G.S.
160D-605).
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5. A simple majority vote of the Board of Commissioners shall be the required minimum to
amend this ordinance when recommendation from the Planning Board is received.
154-6 Other Development Regulation Amendments - All other development regulations governed by
Person County and enforced by the Planning and Zoning Department shall be subject to the
above procedure when amended by the public, Board of Commissioners, Board of Adjustment,
Planning Board, or staff.
154-7 Third-Party Downzoning - Third-party downzoning submitted after July 11, 2019, unless
initiated by a Person County Board or staff member, are prohibited unless written consent is
obtained from the property owner(s) (N.C.S.L 2019-111, Part 1).
SECTION 155 – CONDITIONAL REZONINGS
(Added: 5/3/21)
155-1 Conditional zoning districts provide for those situations where a particular use, properly
planned, may be appropriate for a particular site, but where the general district has insufficient
standards to mitigate the site-specific impact on surrounding areas. Uses which may be
considered for a conditional zoning district are restricted to those uses permitted in the
corresponding general zoning district. Conditional Zoning Districts are established on an
individualized basis, only in response to a petition by the owners of all the property to be
included. Zoning of a conditional zoning district is not intended for securing early or speculative
reclassification of property.
155-2 Submission of Petitions - Petitions shall be submitted to the Planning and Zoning Department
for review according to the adopted Planning Board and Board of Commissioners yearly
schedule. The petition shall include the following:
1. A completed Application for CD-Rezoning Map Amendment accompanied by a site plan,
prepared by a North Carolina registered land surveyor, engineer, or architect. The site plan,
drawn to scale, shall depict the following:
a) The boundary of the lot(s) to be developed labeled with bearings and distances, total
gross land area, location of easement(s), utilities, adjacent road name(s) and number(s);
b) Name of project, property owner and applicant, vicinity map, north arrow, scale, date of
plan preparation and subsequent revisions dates;
c) Topography of site, at contour interval no greater than ten (10) feet, location of perennial
and intermittent waters, 100 year flood plains;
d) Location and approximate size of all existing and proposed buildings and structures
within the site and existing buildings and structures within five hundred feet adjacent
thereto;
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e) Proposed points of ingress and egress together with the proposed pattern of internal
circulation;
f) Existing and proposed parking spaces;
g) Proposed provisions for water supply and sewage disposal;
h) If the site is located in a designated drinking water supply watershed, the plan shall
also:
i. Depict the location of existing (labeled according to the date of establishment) and
proposed impervious surfaces and respective totals in square feet;
ii. The total land area of the lot(s) outside of the road right-of-way(s) in square feet.
The property owner and/or applicant shall have the burden of proving that the
proposed special use will not materially injure the value of adjoining or abutting
property.
Each petition shall be accompanied by a fee to defray the cost of advertising and other adminis
trative costs involved.
155-3 Planning Board Review and Recommendation - After submission of a completed application,
the Zoning Administrator will schedule a public hearing for the Planning Board in accordance
with the published Planning Board meeting schedule on file in the Planning and Zoning
Department. A notice of such public hearing shall be published once a week for two (2)
consecutive weeks in a newspaper of general circulation in Person County. Said notice shall be
published the first time not less than ten (10) days and not more than twenty-five (25) days prior
to the date established for such public hearing. The Zoning Administrator will be responsible
for mailing written notices to all property owners within 500’ of the property including the
applicant and properties separated from the subject property by street, railroad, and other
transportation corridor (N.C.G.S. 160D-602). The Zoning Administrator shall 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. When multiple parcels are included, a posting on each
individual parcel is not required, but there should be reasonable notice provided to interested
persons.
1. When conducting a review of proposed map amendments pursuant to this section, the
Planning Board shall advise and comment on whether the proposed action is consistent with
the County’s comprehensive plan that has been adopted. The Planning Board shall provide
a written recommendation to the Board of Commissioners that addresses plan consistency
and other matters as deemed appropriate by the Planning Board, but a comment by the
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220
Planning Board that a proposed amendment is inconsistent with the comprehensive plan
shall not preclude consideration or approval of the proposed amendment by the Board of
Commissioners (N.C.G.S. 160D-604 (d)).
2. When reviewing any map amendment, the Planning Board shall approve a brief statement
describing whether its action is consistent or inconsistent with the adopted comprehensive
plan and a brief statement of reasonableness. The statement of reasonableness and plan
consistency required in this section may be approved as a single statement. Board members
may adopt this statement when acting upon the zoning text or map amendment or as a
separate motion (N.C.G.S. 160D-605).
155-4 Board of Commissioners Public Hearing
1. The Zoning Administrator will schedule a public hearing for the Board of Commissioners
in accordance with that year's adopted schedule. A notice of such public hearing shall be
published once a week for two (2) consecutive weeks in a newspaper of general circulation
in Person County. Said notice shall be published the first time not less than ten (10) days
and not more than twenty-five (25) days prior to the date established for such public hearing.
(Amended 7/22/02)
2. The Planning Board shall provide a written recommendation to the Board of Commissioners
that addresses whether the proposed amendment is consistent with the comprehensive plan,
but a comment by the Planning Board that a proposed amendment is inconsistent with the
comprehensive plan shall not preclude consideration or approval of the proposed
amendment by the Board of Commissioners. Prior to adopting or rejecting any zoning
amendment, the Board of Commissioners shall adopt a statement describing whether its
action is consistent with an adopted comprehensive plan and why such action is reasonable
and in the public interest. (Added 3/13/2006)
3. The Planning Board shall have 30 days within which to submit its recommendation to the
Board of Commissioners. If no written report is received from the Planning Board within
thirty days, the Board of Commissioners may proceed in its consideration of the amendment
without the Planning Board report. The Board of Commissioners is not bound by the
recommendation, if any, of the Planning Board. (Amended 7/22/02; 3/13/2006).
4. When adopting or rejecting any map amendment, the Board of Commissioners shall
approve a brief statement describing whether its action is consistent or inconsistent with the
adopted comprehensive plan and a brief statement of reasonableness. The statement of
reasonableness and plan consistency required in this section may be approved as a single
statement. Board members may adopt this statement when acting upon the zoning text or
map amendment or as a separate motion (N.C.G.S. 160D-605).
5. A CD-Rezoning must be adopted by ordinance per N.C.G.S 160D-601(c).
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6. Conditions and site-specific standards imposed in a conditional district shall be limited to
those that address the conformance of the development and use of the site to local
government ordinances, and plans adopted pursuant to N.C.G.S. 160D-5-1, or and those
that address the impacts reasonably expected to be generated by the development or use of
the site (N.C.G.S. 160D-703). However, the Board may impose conditional-zoning
conditions that go beyond basic zoning authority to address additional fees, design
requirements, and other development considerations with the applicant’s/landowner’s
written consent (N.C. S.L. 2019-111).
7. Following approval from the Board of Commissioners, the Zoning Administrator shall
obtain the applicant/landowner’s written consent to conditions related to a conditional-
zoning approval to ensure enforceability (N.C. S.L. 2019-111).
155-5 Modifications of CD-Rezonings - The Zoning Administrator may approve minor changes to
final plans approved by the Board of Commissioners if with such minor changes the
development remains substantially consistent with the Board's approval and with all other
provisions of this Ordinance and applicable rules and regulations. The Zoning Administrator
may not approve changes that would constitute a major change of or modification to a CD-
Rezoning. By way of example, but not of limitation, any of the following shall constitute a
major modification requiring an application to be resubmitted in accordance with applicable
ordinance provisions:
1. A change from the use approved;
2. Structural alterations significantly affecting the basic size, form, style, ornamentation, and
appearance of principal and/or accessory structures as shown the plan;
3. If multiple parcels of land are subject to a conditional zoning, the owners of individual
parcels may apply for modification of the conditions so long as the modification would not
result in other properties failing to meet the terms of the conditions. Any modifications
approved shall only be applicable to those properties whose owners petition for the
modification (N.C.G.S 160D-703).
SECTION 156 – SPECIAL USE PERMITS
(Amended 5/3/21)
156-1 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.
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222
156-2 Submission of Petitions - Petitions for special use permits shall be submitted to the Planning
and Zoning Department for review according to the published Board of Commissioners yearly
meeting schedule on file in the Planning and Zoning Department. The petition shall include the
following:
1. A complete Application for a Special Use Permit accompanied by a site plan, prepared by
a North Carolina registered land surveyor, engineer, or architect. The site plan, drawn to
scale, shall depict the following: (amended 9/2/2008)
a) The boundary of the lot(s) to be developed labeled with bearings and distances, total
gross land area, location of easement(s), utilities, adjacent road name(s) and number(s);
b) Name of project, property owner and applicant, vicinity map, north arrow, scale, date of
plan preparation and subsequent revisions dates;
c) Topography of site, at contour interval no greater than ten (10) feet, location of perennial
and intermittent waters, 100 year flood plains;
d) Location and approximate size of all existing and proposed buildings and structures
within the site and existing buildings and structures within five hundred feet adjacent
thereto;
e) Proposed points of ingress and egress together with the proposed pattern of internal
circulation;
f) Existing and proposed parking spaces;
g) Proposed provisions for water supply and sewage disposal;
h) If the site is located in a designated drinking water supply watershed, the plan shall also:
i. Depict the location of existing (labeled according to the date of establishment) and
proposed impervious surfaces and respective totals in square feet;
ii. The total land area of the lot(s) outside of the road right-of-way(s) in square feet.
The property owner and/or applicant shall have the burden of proving that the
proposed special use will not materially injure the value of adjoining or abutting
property.
b. 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)
c. 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:
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i. A minimum lot size of two acres is required.
ii. Density to be 2500 square feet for each tent or trailer space.
iii. A minimum undisturbed fifty foot buffer from all property lines.
iv. Each campsite shall contain a stabilized parking pad of either pavement or gravel
and one off-street parking space.
v. 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.
156-3 Board of Commissioners Public Hearing
1. After submission of a completed application, the Zoning Administrator will schedule a
public hearing for the Board of Commissioners in accordance with that year's adopted
schedule. A notice of such public hearing shall be published once a week for two (2)
consecutive weeks in a newspaper of general circulation in Person County. Said notice shall
be published the first time not less than ten (10) days and not more than twenty-five (25)
days prior to the date established for such public hearing. The Zoning Administrator will be
responsible for mailing written notices to all property owners within 500’ of the property
including the applicant. The Zoning Administrator shall 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.
2. The Board of Commissioners shall consider the application at a public hearing at which all
interested persons shall be permitted to testify. This hearing shall be used to gather
competent, material, and substantial evidence to establish the facts of the case. Testimony
heard shall be under oath. The Special Use Permit, if granted, shall include such approved
plans as may be required. In granting the permit, the Commissioners shall find the
following:
a) 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.
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224
b) That the use meets all required conditions and specifications.
c) That the use will not substantially injure the value of adjoining or abutting property, or
that the use is a public necessity, and
d) 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.
3. In granting the permit, the Commissioners may designate such conditions, in addition and
in connection therewith, as well, in its opinion, assure that the use in its proposed location
will be harmonious with the area in which it is proposed to be located and with the spirit of
this ordinance. All such additional 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.
4. In addition to the specific conditions imposed by the regulations in this ordinance and
whatever additional conditions the Commissioners deem reasonable and appropriate,
special uses shall comply with the height, yard, area and parking regulations for the use
district in which they are permitted unless otherwise specified.
5. 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).
6. No appeal may be taken to the Board of Adjustment from the action of the Commissioners
in granting or denying a Special Use Permit. Any such action by the Commissioners shall
be considered as the equivalent of action on a proposed zoning amendment and shall be
reviewable only in the same manner as action on a proposed amendment.
7. In the event of failure to comply with the plans approved by the Commissioners or with any
other conditions imposed upon the Special Use Permit within a reasonable time in the
opinion of the Zoning Administrator, the permit shall thereupon become void and of no
effect. No building permits for further construction or certificates of occupancy under this
Special Use shall be issued.
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225
156-4 Modifications of Special Use Permits - The Zoning Administrator may approve minor changes
to final plans approved by the Board of Commissioners if with such minor changes the
development remains substantially consistent with the Board's approval and with all other
provisions of this Ordinance and applicable rules and regulations. The 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.
156-5 Special Use Permits and Vested Rights - At the applicant's discretion, he or she may also submit
a site specific vesting plan and make application to the Commissioners for a vested right status
for the proposed use or development project. Vested right status may be applied for jointly with
the special use permit application or may be requested at a later date.
SECTION 157 – DEVELOPMENT AGREEMENTS
(Added: 5/3/21)
157-1 Development projects often occur in multiple phases over several years, requiring a long term
commitment of both public and private resources. Such developments often create community
impacts and opportunities that are difficult to accommodate within traditional zoning processes.
Development agreements are used to better structure and manage development approvals for
such developments and ensure their proper integration into local capital facilities programs.
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157-2 Person County may enter into development agreements with developers subject to the
procedures of this ordinance and the North Carolina General Statute (N.C.G.S. 160D-1001).
157-3 Submission of Petitions - Petitions for development agreements shall be submitted to the
Planning and Zoning Department for review according to the adopted Board of Commissioners
and Planning Board yearly schedule. The submission shall include the following:
1. Application for Development Agreement
2. A site plan prepared by a North Carolina licensed surveyor, engineer, or landscape architect
depicting the items listed in the Person County Planning Ordinance Commercial and
Industrial Site Plan Requirements.
3. Proposed Development Agreement containing the following information at a minimum
(N.C.G.S. 160D-1006):
a) A description of the property subject to the agreement and the names of its legal and
equitable property owners.
b) The duration of the agreement.
c) The development uses permitted on the property, including population densities and
building types, intensities, placement on the site, and design.
d) Development schedule including commencement dates and interim completion dates at
no greater than five-year intervals.
e) If applicable, the following:
i. A description of public facilities that will serve the development, including who
provides the facilities, the date any new public facilities, if needed, will be
constructed, and a schedule to assure public facilities are available concurrent with
the impacts of the development. In the event that the development agreement
provides that the local government shall provide certain public facilities, the
development agreement shall provide that the delivery date of such public facilities
will be tied to successful performance by the developer in implementing the
proposed development (such as meeting defined completion percentages or other
performance standards). The developer and local government may, through
negotiation, agree to the provision of and cost-sharing for public facilities and other
amenities related to development provided that any impact mitigation measures
offered by the developer beyond those that could be required by the local
government pursuant to N.C.G.S. 160D-804 shall be expressly enumerated within
the agreement, and provided the agreement may Snot include a tax or impact fee not
otherwise authorized by law.
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227
ii. A description of any reservation or dedication of land for public purposes and any
provisions agreed to by the developer that exceed existing laws related to protection
of environmentally sensitive property.
iii. A description of any conditions, terms, restrictions, or other requirements for the
protection of public health, safety, or welfare of its citizens
iv. A description, where appropriate, of any provisions for the preservation and
restoration of historic structures.
v. If more than one local government is involved in the development agreement, the
agreement must specify which government is responsible for overall administration
of the agreement.
157-4 Planning Board Review and Recommendation After submission of a completed application, the
Zoning Administrator will schedule a public hearing for the Planning Board in accordance with
the published Planning Board meeting schedule on file in the Planning and Zoning Department.
A notice of such public hearing shall be published once a week for two (2) consecutive weeks
in a newspaper of general circulation in Person County. Said notice shall be published the first
time not less than ten (10) days and not more than twenty-five (25) days prior to the date
established for such public hearing. The Zoning Administrator will be responsible for mailing
written notices to all property owners within 500’ of the property including the applicant and
properties separated from the subject property by street, railroad, and other transportation
corridor (N.C.G.S. 160D-602). The Zoning Administrator shall require that notice be posted on
the land subject to the application within the same time period specified for mailed notices of
the hearing (N.C.G.S. 160D-602). The applicant shall post the notice on weatherproof signs
supplied by the Planning and Zoning Department, one sign per each road frontage and no more
than 25’ from the street right-of-way. Signs must be clearly visible from the street and designate
“Zoning Proposal Pending” with the phone number of the Planning and Zoning Department.
When multiple parcels are included, a posting on each individual parcel is not required, but
there should be reasonable notice provided to interested persons.
1. When conducting a review of proposed map amendments pursuant to this section, the
Planning Board shall advise and comment on whether the proposed action is consistent with
the County’s comprehensive plan that has been adopted. The Planning Board shall provide
a written recommendation to the Board of Commissioners that addresses plan consistency
and other matters as deemed appropriate by the Planning Board, but a comment by the
Planning Board that a proposed amendment is inconsistent with the comprehensive plan
shall not preclude consideration or approval of the proposed amendment by the Board of
Commissioners (N.C.G.S. 160D-604 (d)).
2. When reviewing any map amendment, the Planning Board shall approve a brief statement
describing whether its action is consistent or inconsistent with the adopted comprehensive
PERSON COUNTY PLANNING ORDINANCE
228
plan and a brief statement of reasonableness. The statement of reasonableness and plan
consistency required in this section may be approved as a single statement. Board members
may adopt this statement when acting upon the zoning text or map amendment or as a
separate motion (N.C.G.S. 160D-605).
157-5 Board of Commissioners Public Hearing
1. The Zoning Administrator will schedule a public hearing for the Board of Commissioners
in accordance with that year's adopted schedule. A notice of such public hearing shall be
published once a week for two (2) consecutive weeks in a newspaper of general circulation
in Person County. Said notice shall be published the first time not less than ten (10) days
and not more than twenty-five (25) days prior to the date established for such public hearing.
(Amended 7/22/02)
2. The Planning Board shall provide a written recommendation to the Board of Commissioners
that addresses whether the proposed amendment is consistent with the comprehensive plan,
but a comment by the Planning Board that a proposed amendment is inconsistent with the
comprehensive plan shall not preclude consideration or approval of the proposed
amendment by the Board of Commissioners. Prior to adopting or rejecting any zoning
amendment, the Board of Commissioners shall adopt a statement describing whether its
action is consistent with an adopted comprehensive plan and why such action is reasonable
and in the public interest. (Added 3/13/2006)
3. The Planning Board shall have 30 days within which to submit its recommendation to the
Board of Commissioners. If no written report is received from the Planning Board within
thirty days, the Board of Commissioners may proceed in its consideration of the amendment
without the Planning Board report. The Board of Commissioners is not bound by the
recommendation, if any, of the Planning Board. (Amended 7/22/02; 3/13/2006).
4. When adopting or rejecting any map amendment, the Board of Commissioners shall
approve a brief statement describing whether its action is consistent or inconsistent with the
adopted comprehensive plan and a brief statement of reasonableness. The statement of
reasonableness and plan consistency required in this section may be approved as a single
statement. Board members may adopt this statement when acting upon the zoning text or
map amendment or as a separate motion (N.C.G.S. 160D-605).
5. Following approval from the Board of Commissioners, the development agreement must be
recorded with the Register of Deeds by the developer within 14 days after Person County
and the developer execute an approved development agreement (N.C.G.S. 160D-1011). No
development approvals may be issued until the development agreement has been recorded.
The agreement is binding on all successors in interest to the parties of the agreement,
including subsequent purchasers of the land.
157-6 Perodic Review - Planning and Zoning staff must undertake periodic review of the project to
verify compliance with the recorded agreement (N.C.G.S. 160D-1008).
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229
157-7 Amendments to Development Agreements - Parties can modify or cancel the agreement at any
time by mutual consent (N.C.G.S. 160D-1010). Any major modification to a development
agreement requires the same notice and hearing as required for initial approval (N.C.G.S 160D-
1006). Local ordinances in effect at the time of the agreement are to remain in effect for the life
of the agreement unless subsequent enacted local ordinances and ordinance amendments can be
applied for on the same grounds applicable to permissible mandated amendments of site specific
vesting plan. The following are changes that may be the basis of such modification:
1. Changes that have either landowner approval in writing or that make the landowner
financially whole (compensated for the full cost of the change).
2. When there have been either inaccurate or material misrepresentations in the application of
there are emergent serious threats to public health, safety, or welfare. If the agreement is to
be amended or revoked, this must be established by notice or hearing.
3. Enactment of general regulations not aimed specifically at the property that impose
additional requirements, but do not affect the type or intensity or the use at the site.
157-8 Breach of Development Agreements - If a developer has breached the recorded development
agreement, the Planning and Zoning Department must notify the developer in writing within a
reasonable time the notice of the breach, evidence supporting the finding and determination,
and provide reasonable time to correct the breach (N.C.G.S. 160D-1008). If the breach is not
remedied, Person County may terminate or modify the agreement. Appeals may be filed with
the Board of Adjustment in accordance with the process for hearing and submitting appeals.
Failure to meet a commencement or completion date set forth in the development agreement
shall not, in and of itself, constitute a material breach of the development agreement, but must
be judged based upon the totality of the circumstances.
157-9 Subsequent Development Agreements - Parties are not precluded from entering into subsequent
development agreements that may extend the original duration period (N.C.G.S. 160D-1006).
157-10 Development Agreements and Other Regulation Approvals - Development agreements may be
considered concurrently with a zoning map or text amendment affecting the property and
development subject to the development agreement. If incorporated into a CD-District, the
provisions of the development agreement shall be treated as a development regulation in the
event of the developer’s bankruptcy. A development agreement may be concurrently considered
with and incorporate by reference a sketch plan or preliminary plat required under a subdivision
regulation or a site plan or other development approval required under a zoning regulation
(N.C.G.S. 160D-1003).
SECTION 158 – ZONIGN VARIANCES
(Amended 5/3/21)
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230
158-1 When unnecessary hardships would result from carrying out the strict letter of the Planning
Ordinance, the Board of Adjustment shall vary any of the provisions of the ordinance upon a
showing that all of the standards set out in this section have been met. No change in permitted
uses may be authorized by variance. Appropriate conditions may be imposed on any variance,
provided the conditions are reasonably related to the variance. Any other ordinance that
regulates land use or development may provide for variances consistent with the provisions of
this subsection.
158-2 Submission of Petition- Petitions for zoning variances shall be submitted to the Planning and
Zoning Department for review according to the adopted Board of Adjustment yearly schedule.
The petition shall include the following:
1. A completed Variance Application demonstrating the following:
a) That special conditions and circumstances exist which are peculiar to the land, structure,
or building involved, and which are not applicable to other lands, structures or building
in the same district;
b) That literal interpretation of the provisions of this ordinance would deprive the applicant
of rights commonly enjoyed by other property owners in the same district under the
terms of this ordinance;
c) That the hardship is not the result of the applicant's own action;
d) That granting the variance requested will not confer on the applicant any special
privilege that is denied by this ordinance to other lands, structures, or building in the
same district;
e) That if the applicant complies with the provisions of the ordinance, he can secure no
reasonable use of his property;
f) That granting of the variance will be in harmony with the general purpose and intent of
this ordinance, and will not be injurious to the neighborhood, or otherwise detrimental
to the public welfare.
2. A site plan, prepared by a North Carolina registered land surveyor, engineer, or architect.
The site plan, drawn to scale, shall depict the following:
a) The boundary of the lot(s) to be developed labeled with bearings and distances, total
gross land area, location of easement(s), utilities, adjacent road name(s) and number(s);
b) Name of project, property owner and applicant, vicinity map, north arrow, scale, date of
plan preparation and subsequent revisions dates;
PERSON COUNTY PLANNING ORDINANCE
231
c) Location and approximate size of all existing and proposed buildings and structures
within the site;
d) Clear depiction of the variance requested.
Each petition shall be accompanied by a fee to defray the cost of advertising and other
administrative costs involved.
158-3 Board of Adjustment Public Hearing
1. After submission of a completed application, the Zoning Administrator will schedule a
public hearing for the Board of Adjustment in accordance with the Board of Adjustment
published meeting schedule on file in the Planning and Zoning Department. The Zoning
Administrator shall give notice of a public hearing on the application. A notice of such
public hearing shall be published once in a newspaper of general circulation in Person
County. Said notice shall be published not less than ten (10) days and not more than twenty-
five (25) days prior to the date established for such public hearing. The Zoning
Administrator will be responsible for mailing written notices to all property owners within
500’ of the property including the applicant. The Zoning Administrator shall require that
notice be posted on the land subject to the application. The applicant shall post the notice
on weatherproof signs supplied by the Planning and Zoning Department, one sign per each
road frontage and no more than 25’ from the street right-of-way. Signs must be clearly
visible from the street and designate “Zoning Proposal Pending” with the phone number of
the Planning and Zoning Department.
2. The Board of Adjustment shall consider the application at a quasi-judicial hearing. This
hearing shall be used to gather competent, material, and substantial evidence to establish
the facts of the case. Testimony heard shall be under oath. In granting the variance, the
Board of Adjustment shall find the following:
a) That special conditions and circumstances exist which are peculiar to the land, structure,
or building involved, and which are not applicable to other lands, structures or building
in the same district;
b) That literal interpretation of the provisions of this ordinance would deprive the applicant
of rights commonly enjoyed by other property owners in the same district under the
terms of this ordinance;
c) That the hardship is not the result of the applicant's own action;
d) That granting the variance requested will not confer on the applicant any special
privilege that is denied by this ordinance to other lands, structures, or building in the
same district;
PERSON COUNTY PLANNING ORDINANCE
232
e) That if the applicant complies with the provisions of the ordinance, he can secure no
reasonable use of his property;
f) That granting of the variance will be in harmony with the general purpose and intent of
this ordinance, and will not be injurious to the neighborhood, or otherwise detrimental
to the public welfare.
3. In addition to the above grounds for granting variances, the Board of Adjustment may grant
a variance when it finds that the grant of the requested variance will cause no significant
hazard, annoyance or inconvenience to the owners or occupants of nearby property, will not
significantly change the character of the neighborhood or reduce the value of nearby
property, will not impose any significant cost burden upon the county and will not create
any significant obstacle to implementation of the zoning plan evidenced by this ordinance
or the adopted development plan of Person County.
4. In granting any variance, the Board of Adjustment may prescribe appropriate conditions
and safeguards to ensure that substantial justice has been done and that the public safety and
welfare has been assured. Such conditions may be imposed by the Board regarding the
location, character, and other features of the proposed building, structure, or use as may be
deemed by the Board to protect property values and general welfare of the neighborhood.
Nonconformance with such conditions and safeguards, when under part of the terms under
which the variance is granted, shall be deemed a violation of this ordinance.
5. The Board of Adjustment, by a vote of four-fifths of its members, may approve variances.
The findings of fact and conclusions of law shall be established in writing upon the Board’s
determination. This document shall be approved by the Board and signed by the chair or
other duly authorized member of the Board. A quasi-judicial decision is effective upon filing
the written decision with the clerk to the Board or such other office or official. The decision
of the Board shall be delivered within a reasonable time by personal delivery, electronic
mail, or by first-class mail to the applicant, landowner, and to any person who has submitted
a written request for a copy prior to the date the decision becomes effective (N.C.G.S. 160D-
406).
SECTION 159 – VESTED RIGHTS
(Amended 5/3/21)
159-1 As authorized under G.S. 160-108, an applicant may obtain the right to undertake and complete
the development and use of property under the terms and conditions of an approved site specific
vesting plan. Only approved special uses, permitted uses and approved phased developments
may be granted a vested right under this section. Vested right status shall guarantee the right to
develop according to the provisions of the approved site specific vesting plan for no less than
two (2) years and no more than five (5) years (N.C.G.S. 160D-108(d)). Site specific vesting
plans can take the form of a planned unit development plan, a subdivision plat, a site plan, a
preliminary or general development plan, a special use permit, a conditional zoning, or any
other development approval.
PERSON COUNTY PLANNING ORDINANCE
233
159-2 Submission of Petition - Petitions for vested rights shall be submitted to the Planning and Zoning
Department for review according to the adopted Planning Board and Board of Commissioners
yearly schedule. The petition shall include the following:
1. A Vested Rights Application and any supplemental materials needed to substantiate the
claim for a vested right.
2. A site-specific vesting plan prepared by a licensed North Carolina surveyor. Site-specific
vesting plans shall include at a minimum the following:
a) The approximate boundaries of the site;
b) Significant topographical and other natural feature affecting development of the site;
c) The approximate location on the site of the proposed buildings, structures, and other
improvements;
d) The approximate dimensions, including height, of the proposed buildings and other
structures;
e) The approximate location of all existing and proposed infrastructure on the site,
including water, sewer, roads, and pedestrian walkways.
Each petition shall be accompanied by a fee to defray the cost of advertising and other
administrative costs involved.
159-3 Planning Board Review and Recommendation - After submission of a completed application,
the Zoning Administrator will schedule a public hearing for the Planning Board in accordance
with the published Planning Board meeting schedule that is on file in the Planning and Zoning
Department. A notice of such public hearing shall be published once a week for two (2)
consecutive weeks in a newspaper of general circulation in Person County. Said notice shall be
published the first time not less than ten (10) days and not more than twenty-five (25) days prior
to the date established for such public hearing. The Zoning Administrator will be responsible
for mailing written notices to all property owners within 500’ of the property including the
applicant and properties separated from the subject property by street, railroad, and other
transportation corridor (N.C.G.S. 160D-602). The Zoning Administrator shall require that
notice be posted on the land subject to the application within the same time period specified for
mailed notices of the hearing (N.C.G.S. 160D-602). The applicant shall post the notice on
weatherproof signs supplied by the Planning and Zoning Department, one sign per each road
frontage and no more than 25’ from the street right-of-way. Signs must be clearly visible from
the street and designate “Zoning Proposal Pending” with the phone number of the Planning and
Zoning Department. When multiple parcels are included, a posting on each individual parcel is
not required, but there should be reasonable notice provided to interested persons.
1. Exception: Applications for vested rights related to Special Use Permits do not require
Planning Board Review and Recommendation.
PERSON COUNTY PLANNING ORDINANCE
234
159-4 Board of Commissioners Public Hearing
1. The Zoning Administrator will schedule a meeting for the Board of Commissioners in
accordance with that year’s adopted schedule. A notice of such public hearing shall be
published once a week for two (2) consecutive weeks in a newspaper of general circulation
in Person County. Said notice shall be published the first time not less than ten (10) days
and not more than twenty-five (25) days prior to the date established for such public hearing.
The Zoning Administrator will be responsible for mailing written notices to all property
owners within 500’ of the property including the applicant and properties separated from
the subject property by street, railroad, and other transportation corridor (N.C.G.S. 160D-
602). The Zoning Administrator shall require that notice be posted on the land subject to
the application within the same time period specified for mailed notices of the hearing
(N.C.G.S. 160D-602). The applicant shall post the notice on weatherproof signs supplied
by the Planning and Zoning Department, one sign per each road frontage and no more than
25’ from the street right-of-way. Signs must be clearly visible from the street and designate
“Zoning Proposal Pending” with the phone number of the Planning and Zoning Department.
When multiple parcels are included, a posting on each individual parcel is not required, but
there should be reasonable notice provided to interested persons.
2. The Planning Board shall provide a written recommendation to the Board of Commissioners
that addresses whether the proposed amendment is consistent with the comprehensive plan,
but a comment by the Planning Board that a proposed amendment is inconsistent with the
comprehensive plan shall not preclude consideration or approval of the proposed
amendment by the Board of Commissioners. Prior to adopting or rejecting any zoning
amendment, the Board of Commissioners shall adopt a statement describing whether its
action is consistent with an adopted comprehensive plan and why such action is reasonable
and in the public interest. (Added 3/13/2006)
3. The Planning Board shall have 30 days within which to submit its recommendation to the
Board of Commissioners. If no written report is received from the Planning Board within
thirty days, the Board of Commissioners may proceed in its consideration of the amendment
without the Planning Board report. The Board of Commissioners is not bound by the
recommendation, if any, of the Planning Board. (Amended 7/22/02; 3/13/2006).
4. The Board of Commissioners shall consider the application at a public hearing at which all
interested persons shall be permitted to testify. The Board may approve a site specific
vesting plan upon such terms and conditions as may reasonably be necessary to protect the
public health, safety, and welfare. The Board shall not require a landowner to waive his
vested rights as a condition of developmental approval. Approval of a site specific vesting
plan and the granting of vested right status shall not occur under circumstances where a
variance from the provisions of this ordinance is necessary except in cases where such
variance has been previously applied for and granted.
PERSON COUNTY PLANNING ORDINANCE
235
5. A vested right obtained under this section is not a personal right, but shall attach to and run
with the applicable property. Approval from the Board of Commissioners shall result in a
vested right, although failure to abide by such terms and conditions, in addition to applicable
local development regulations, will result in a forfeiture of vested rights.
6. The establishment of a vested right under an approved site specific vesting plan shall not
preclude the application of ordinances or regulations that are general in nature, are
applicable to all property in the county subject to land use regulation, and have no effect on
the allowable type or intensity of use for the subject property. Otherwise applicable new or
amended regulations shall become effective for the subject property upon the expiration or
termination of the vested right.
159-5 Continuing Review - Following approval or conditional approval of a vested right, Person
County may make subsequent reviews and require approvals by the county to ensure
compliance with the terms and conditions of the original approval, provided that such reviews
are not inconsistent with the original approval.
159-6 Modifications of Vested Rights Approval - The Zoning Administrator may approve minor
changes to site-specific vesting plans approved by the Board of Commissioners if with such
minor changes the development remains substantially consistent with the Board's approval and
with all other provisions of this Ordinance and applicable rules and regulations. The Zoning
Administrator may not approve changes that would constitute a major change of or modification
to an approved site-specific vesting plan. By way of example, but not of limitation, any of the
following shall constitute a major modification requiring an application to be resubmitted in
accordance with applicable ordinance provisions:
1. Significant changes in the zoning lot's boundaries, unless the purposes of this ordinance or
of the County's plan for the comprehensive development of the area within which the lot is
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.
159-7 Termination of Vested Rights - A vested right established by an approved site specific vesting
plan shall terminate:
PERSON COUNTY PLANNING ORDINANCE
236
1. At the end of the applicable vesting period in respect to buildings and uses for which no
valid building permit application has been filed;
2. With the written consent of the applicant and/or landowner;
3. Upon findings by the Commissioners, alter a public hearing in which reasonable notice and
advertisement are given, that natural or man-made hazards at or near the immediate vicinity
of the property, if uncorrected, would pose a serious threat to the public health, safety, and
welfare if the project were to proceed as originally approved in the site specific vesting plan;
4. Upon payment to the affected applicant and/or landowner of compensation for all costs,
expenses and other losses incurred by the same including all fees paid in consideration of
financing, and all architectural, planning, marketing, legal, and other consultant's fees
incurred after approval by the Board. Compensation shall not include any diminution in the
value of the subject property; or,
5. Upon findings by the Commissioners, after a public hearing in which reasonable notice and
advertisement are given, that the landowner, his successors, or any representatives
intentionally supplied inaccurate information or made material misrepresentations which
after the original approval of the Commissioners of the site specific vesting plan;
6. Upon changes in state or federal law or regulation that preclude the proposed use or
development project as originally approved in the site specific vesting plan. The owner
and/or applicant shall have the opportunity in this instance to submit appropriate applicable
modifications to the original site specific vesting plan for the Planning Board and County.
SECTION 160 – APPEALS
(Amended 5/3/21)
160-1 Submission of petitions - Petition for appeals from the enforcement and interpretation of this
ordinance, denial of zoning and/or certificate of occupancy and applications for variances shall
be submitted to the Planning and Zoning Department. The petition shall include the following:
1. Completed Appeal to Zoning Administrator Application.
Each petition shall be accompanied by a fee to defray the cost of advertising and other
administrative costs involved.
160-2 An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning
Enforcement Officer certifies to the Board of Adjustment that, based on the records of the case,
a stay would cause damage to life or property, in which case proceedings shall not be stayed
otherwise than by an order from the Person County Superior Court.
PERSON COUNTY PLANNING ORDINANCE
237
160-3 No appeal may be taken to the Board of Adjustment from the action of the Commissioners in
granting or denying a Special Use Permit. Any such action by the Commissioners shall be
considered as the equivalent of action on a proposed zoning amendment and shall be reviewable
only in the same manner as action on a proposed amendment.
160-4 Board of Adjustment Public Hearings
1. After submission of a completed application, the Zoning Administrator will schedule a
public hearing for the Board of Adjustment in accordance with the published Board of
Adjustment meeting schedule on file in the Planning and Zoning Department. t. The Zoning
Administrator shall give notice of a public hearing on the application. A notice of such
public hearing shall be published in a newspaper of general circulation in Person County.
Said notice shall be published not less than five (5) days prior to the date established for
such public hearing.
2. The Board of Adjustment shall hold an evidentiary hearing to gather competent, material,
and substantial evidence to establish the facts of the case. Testimony heard shall be under
oath.
3. The Board of Adjustment may subpoena witnesses and compel the production of evidence.
If a person fails or refuses to obey a subpoena issued pursuant to this subsection, the Board
may apply to the General Court of Justice for an order requiring that its order be obeyed,
and the court shall have jurisdiction to issue these orders after notice to all proper parties.
No testimony of any witness before the Board pursuant to a subpoena issued in exercise of
the power conferred by this section may be used against the witness in the trial of any civil
or criminal action other than a prosecution for false swearing committed on the examination.
Any person who, while under oath during a proceeding before the Board, willfully swears
falsely, is guilty of a Class 1 misdemeanor. (Added: 3/13/2006)
4. The Board of Adjustment, by a majority vote of its members, may reverse any order,
requirement, decision, or determination of an administration officer charged with the
enforcement of any provision of this ordinance. The findings of fact and 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)
5. Every final decision of the Board of Adjustment shall be subject to review by the Person
County Superior Court by proceedings in the nature of certiorari.
6. The petition for the writ of certiorari must be filed with the Person County Clerk of Court
within 30 days after the later of the following occurrences:
PERSON COUNTY PLANNING ORDINANCE
238
a) A written copy of the Board's decision has been filed in the office of the Planning and
Zoning Department; and
b) A written copy of the Board's decision has been delivered by personal service or certified
mail, return receipt requested, to the applicant or appellant and every other aggrieved
party who has filed a written request for such copy at the hearing of the case.
A copy of the writ of certiorari shall be served upon the Person County.
PERSON COUNTY PLANNING ORDINANCE
239
ARTICLE XVI - SEPARABILITY
161-1 Should any section or provision of these regulations be for any reason held void or invalid by
the courts, it shall not affect the validity of any other section or provision hereof which is not
itself held void or invalid.
161-2 Wherever the provisions of any other law, ordinance or regulation impose higher standards than
are required by the provisions of this Ordinance, the provisions of such law, ordinance or
regulations shall govern.
ARTICLE XVII – EFFECTIVE DATE
171-1 This ordinance, shall become effective on May 20, 1991.
PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street,
Roxboro, North Carolina 27573
Item: C.2. Petition TA 20-25
I. Background
The purpose of this report (Attachment 1) is to present a proposal for establishing a Development Review
Committee (DRC) within the Person County Planning and Zoning Department. This committee would formalize an
interdepartmental process designed to enhance coordination, efficiency, and transparency in the review of
development proposals. The initiative includes a proposed Text Amendment to the County’s Planning Ordinance
(Section 150-4) to codify the committee’s structure, functions, and procedures. The Planning and Zoning
Department currently processes an average of 50 development applications per month, a figure that has steadily
increased in recent years.
To proactively address this increasing volume and complexity, the Department recommends creating a professional,
staff-based DRC to serve as an interdepartmental technical review team. The committee would coordinate and
consolidate technical reviews, streamline communication among departments, ensure compliance with local, state,
and federal regulations, and provide applicants with a single, predictable point of contact throughout the
development process. This coordinated, customer-focused approach is intended to enhance transparency, reduce
review times, and support development that aligns with the County’s adopted plans, policies, and community goals.
III.Summary of Proposed Amendments
•Petition TA-20-25 – Clarify development review process through a Technical/Development Review
Committee (TRC/DRC)
Improve customer service, communication and predictable review through a centralized point of
contact for all land use and development activities
–Streamline review by bringing all relevant departments together early in the process.
–Ensure consistent interpretation, application, and enforcement of development standards
across County departments.
IV.Staff Analysis and Recommendation
These updates support the County’s goal of a clear, consistent, and modern planning framework by ensuring
regulations are compliant, easy to understand, and aligned with sustainable development practices. Consolidating
the ordinance, creating a comprehensive review process, and establishing SUP standards will also reduce
redundancy, improve accessibility, and enhance administrative efficiency.
V.Comprehensive Plan Consistency
Person County Planning Ordinance Section 153, Amendments to the Zoning Map or Ordinance, as well as NCGS §
160D-604 & § 160D-605, requires consistency with the adopted Compressive Plan. A statement reflecting the
consistency must accompany the Planning Board recommendation. A general statement of plan consistency and a
desire for clear regulations can be used as adequate support, if a specific language from the Comprehensive plan
cannot be found.
VI.Action
Conduct a public hearings for the proposed amendments at the February Planning Board.
VI.Submitted by
Nishith Trivedi, Planning Director
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PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street,
Roxboro, North Carolina 27573
Development Review Committee
Staff Report
I. PURPOSE
The purpose of this report is to present a proposal for the establishment of a Development Review Committee
(DRC) within the Person County Planning and Zoning Department. The DRC would formalize an interdepartmental
process designed to improve coordination, efficiency, and transparency in the review of development proposals.
This initiative includes the preparation of a Text Amendment to the County’s Planning Ordinance (proposed Section
150-4) to formally codify the DRC structure, functions, and procedures.
II. BACKGROUND
The Planning and Zoning Department currently processes an average of 50 development applications per month, a
number that has steadily increased over the past several years. This upward trend is projected to continue as Person
County experiences significant new investment and growth, driven by:
• Microsoft’s data center expansion and related infrastructure improvements;
• Renewable energy projects and supporting industries; and
• Ongoing development in Roxboro, consistent with the County’s adopted 2024 Land Use Plan.
As these projects advance, the volume and complexity of development applications are expected to increase. To
proactively prepare for this growth and maintain the County’s commitment to efficient, consistent, and customer-
focused service, the Planning and Zoning Department recommends the creation of a professional, staff-based DRC.
The DRC would serve as an interdepartmental technical review team dedicated to:
• Coordinating and consolidating technical reviews;
• Streamlining communication among departments;
• Ensuring compliance with all local, state, and federal regulations; and
• Providing applicants with a single, predictable point of contact throughout the development review process.
This coordinated, customer-focused approach would enhance transparency, reduce review times, and promote
development that aligns with the County’s adopted plans, policies, and community goals.
III. BEST PRACTICES AND BENCHMARKING
Across North Carolina, many local governments have adopted similar structures—often called Technical Review
Committees (TRCs)—to improve the effectiveness of development review.
Examples include:
• Guilford County: TRC reviews all site plans and subdivision plats.
• Pender County: TRC includes Environmental Health, EMS, and the Fire Marshal’s Office, meeting on a
regular schedule.
• Alamance County: TRC integrates Building Inspections, Health, and Planning for coordinated review.
• City of Greensboro and Pitt County: TRCs function as public bodies managing a broad range of development-
related matters.
In Person County, the proposed DRC would be modeled on these proven practices but tailored to local needs and
staffing structure.
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The DRC would:
• Meet monthly (virtually via Microsoft Teams) with applicants and their representatives.
• Be managed by the Planning Department and codified within the County’s Planning Ordinance; and
• Function as the central coordination point for all development-related applications and departmental input.
IV. LEGISLATIVE AUTHORITY
The establishment and operation of a Development Review Committee is authorized under North Carolina General
Statutes (NCGS Chapter 160D), which empower local governments to coordinate technical and administrative
review processes. Key provisions include:
• NCGS 160D Article 3 and 4
•
Together, these statutes provide the necessary legal framework for Person County to establish a DRC as part of its
Planning Ordinance.
V. CUSTOMER SERVICE BENEFITS
The DRC will directly enhance customer service by providing a clear, comprehensive, and accountable review
process. Key benefits include:
• Mandatory Review at Key Stages:
o DRC review would be required before the issuance of critical permits (e.g., building permits,
certificates of occupancy), ensuring coordinated oversight.
• Interdepartmental Coordination:
o All relevant departments participate collectively, preventing partial or inconsistent approvals.
• Complete Application Standards:
o Only complete and properly prepared applications would be accepted, helping applicants meet all
requirements from the outset.
• Enforcement and Compliance Tools:
o The County retains authority to issue Stop Work Orders or other enforcement measures for non-
compliance.
• Final Inspections and Verification:
o Projects must pass final inspection confirming compliance with approved plans before a Certificate
of Occupancy is issued.
• Defined Legal Framework:
o DRC procedures and criteria would be codified, providing legal clarity and procedural consistency.
• Tracking and Transparency:
o Electronic systems would allow both staff and applicants to monitor application progress,
enhancing accountability.
• Pre-Application Meetings:
o Optional pre-application meetings would help guide applicants through the process early, reducing
delays and misunderstandings.
VI. RECOMMENDATION
To implement a process tailored specifically to Person County’s needs, staff recommends proceeding with a Text
Amendment to the Planning Ordinance to add Section 150-4: Development Review Committee (DRC).
The purpose of this amendment is to establish an informal yet structured forum that enables early identification
and resolution of technical, procedural, and policy issues through coordinated interdepartmental review.
As part of the due diligence process, this workshop seeks:
• Input and recommendations from participating departments and partners;
• Consensus on meeting format, membership, and procedures; and
• Feedback on a draft Technical Review Memorandum template (attached).
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VII. ANTICIPATED DISCUSSION POINTS
Topic Proposed Approach
Meeting Schedule Monthly, virtual meetings via Microsoft Teams (approximately two hours)
Applicant
Participation Applicants and their representatives attend the meeting relevant to their project
Pre-Meeting
Review
Applications distributed in advance to departments; comments compiled into a Technical
Review Memorandum
Post-Meeting
Actions If all issues are resolved, Planning finalizes the application; if not, follow-up occurs
Committee
Composition
Staff from relevant departments (Planning, Environmental Health, Inspections, Fire Marshal,
Utilities, Public Works, EMS, etc.) and the applicant/property owner
VIII. CONCLUSION
The establishment of a Development Review Committee (DRC) represents a strategic and proactive improvement
to Person County’s development management framework. By creating a single, coordinated, and transparent
review process, the County will:
• Strengthen communication across departments;
• Reduce review times and procedural uncertainty;
• Enhance predictability and customer satisfaction; and
• Support high-quality, well-coordinated growth consistent with adopted County plans and policies.
Prepared by:
Person County Planning and Zoning Department
Attachments:
1. January – October 2025 Applications by Type and Count
2. Draft Text Amendment – Section 150-4: Development Review Committee (DRC)
3. Example - DRC Memo Template
4. Supplemental Staff Report
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ATTACHMENT 1 – Applications by Type and Count
January
Type Count
ABC Zoning Compliance 1
Bona-fide Farm 3
Non - Residential 1
Residential 31
Stormwater - Exceed Threshold 1
Stormwater - Under Threshold 17
Grand Total 54
February
Type Count
Home Occupation 1
Residential 29
Sign 1
Solar Energy Systems 1
Stormwater - Under Threshold 14
Grand Total 46
March
Type Count
Group Home/Family Care
Home 1
Non - Residential 3
Residential 32
Sign 1
Solar Energy Systems 1
Stormwater - Exceed Threshold 1
Stormwater - Under Threshold 13
Grand Total 52
April
Type Count
Non - Residential 7
Residential 38
Stormwater - Exceed Threshold 3
Stormwater - Under Threshold 17
Grand Total 65
May
Type Count
Bona-fide Farm 2
Home Occupation 1
Non - Residential 6
Residential 41
Sign 3
Stormwater - Exceed Threshold 2
Stormwater - Under Threshold 25
Grand Total 80
June
Type Count
ABC Zoning Compliance 2
Bona-fide Farm 2
Home Occupation 1
Non - Residential 2
Residential 35
Stormwater - Exceed Threshold 1
Stormwater - Under Threshold 14
Grand Total 57
July
Type Count
Bona-fide Farm 2
Home Occupation 1
Non - Residential 2
Residential 35
Stormwater - Exceed Threshold 2
Stormwater - Under Threshold 13
Grand Total 55
August
Type Count
Group Home/Family Care
Home 1
Home Occupation 1
Non - Residential 6
Residential 31
Solar Energy Systems 1
Stormwater - Under Threshold 13
Grand Total 53
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September
Type Count
ABC Zoning Compliance 1
Home Occupation 1
Non - Residential 4
Residential 22
Solar Energy Systems 1
Stormwater - Under Threshold 10
Grand Total 39
October
Type Count
ABC Zoning Compliance 1
Bona-fide Farm 1
Home Occupation 1
Non - Residential 1
Residential 29
Stormwater - Exceed Threshold 1
Stormwater - Under Threshold 16
Grand Total 50
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ATTACHMENT 2 – DRAFT TEXT AMENDMENT
ARTICLE XIV
DEVELOPMENT APPLICATION REVIEW PROCEDURES AND ADMINISTRATION (Amended 5/3/21)
150-4 DEVELOPMENT REVIEW COMMITTEE (DRC)
A. Purpose and Intent
The purpose of the Development Review Committee (DRC) is to promote an efficient, consistent, and transparent
development review process through early interdepartmental coordination and collaboration. The DRC provides a
structured yet informal forum for the technical review of development applications, ensuring compliance with
applicable local, state, and federal regulations, while supporting high-quality, well-planned growth consistent with
the Person County Land Use Plan and other adopted policies.
The intent of this section is to:
1. Improve communication and coordination among County departments and external reviewing agencies;
2. Identify and resolve technical, procedural, and policy issues early in the development process;
3. Provide applicants with a clear and consistent review pathway; and
4. Enhance transparency, predictability, and customer service in development review.
B. Establishment and Authority
1. The Development Review Committee (DRC) is hereby established as an interdepartmental staff committee
under the administration of the Person County Planning and Zoning Department.
2. The DRC is authorized pursuant to the North Carolina General Statutes, Chapter 160D, including but not
limited to Article 3 and 4, which permit the creation of administrative and technical review processes by
local governments.
3. The DRC shall operate in an advisory and administrative capacity, providing coordinated staff
recommendations on development applications. Final permitting and approval authority shall remain
vested in the appropriate administrative official, board, or governing body as specified elsewhere in this
Ordinance.
C. Composition
1. The DRC shall consist of representatives from departments and agencies with regulatory, technical, or
infrastructure-related responsibilities for development review, which may include but are not limited to:
o Planning and Zoning
o Environmental Healthy
o GIS
o Building Inspections
o County Attorney
o Economic Development
o Emergency Services
o Recreation, Parks and Art
o Soil and Water Conservation
o Transportation
o Tax Office/Register of Deeds
2. The Planning Director (or designee) shall serve as Chair of the DRC and may invite additional staff, agencies,
or consultants to participate on a case-by-case basis, depending on the nature and location of the
development proposal.
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D. Applicability
The DRC shall review all development applications or plans that, in the judgment of the Planning Director, would
benefit from coordinated technical review. Examples include but are not limited to:
• Major site plans and subdivision plats;
• Conditional zoning or special use applications;
• Non-residential and multi-family development proposals;
• Infrastructure improvements or utility extensions;
• Projects requiring multiple departmental or agency approvals; and
• Other applications as determined appropriate by the Planning Director.
E. Meetings and Procedures
1. The DRC shall meet on a regular monthly schedule, with additional meetings convened as necessary.
Meetings may be held virtually or in person as determined by the Planning Director.
2. Agenda and Materials: The Planning Department shall distribute a meeting agenda and all relevant
application materials to DRC members in advance of each meeting.
3. Technical Review Memorandum: Each department shall provide written comments or recommendations,
which will be compiled into a Technical Review Memorandum shared with the applicant prior to or during
the meeting.
4. Applicant Participation: Applicants, property owners, or their authorized representatives are encouraged
to attend the DRC meeting to discuss their proposal and address staff comments directly.
5. Follow-Up:
o If all comments are addressed in accordance with local and state regulations, the Planning
Department may proceed with formal processing and approval of the application.
o If additional information or revisions are required, the applicant shall submit the requested
materials for follow-up review.
6. Minutes and Documentation: The Planning Department shall maintain records of meeting outcomes and
staff recommendations.
F. Effect of DRC Review
1. The DRC acts as a coordinating and advisory body, not a decision-making entity. Its purpose is to consolidate
technical review comments and recommendations for the applicant and for any applicable approving
authority.
2. Recommendations from the DRC shall be considered part of the official record for the application and may
be used by staff, the Planning Board, or the Board of County Commissioners when rendering administrative
or quasi-judicial decisions.
G. Pre-Application Meetings
1. The Planning Department may offer optional pre-application meetings through the DRC process to assist
applicants in understanding applicable regulations, procedures, and submittal requirements.
2. Feedback provided during pre-application meetings shall be non-binding and intended solely to guide
applicants in preparing complete and compliant submittals.
H. Compliance and Enforcement
1. Development shall be carried out only in accordance with plans and documents approved through the DRC
and other applicable County review processes.
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2. Failure to comply with approved plans, conditions, or DRC recommendations may result in enforcement
actions authorized by this Ordinance, including but not limited to the issuance of Stop Work Orders or
revocation of permits.
I. Transparency and Public Access
The Planning Department shall maintain an electronic tracking system or similar method to monitor the progress
of applications through the DRC process. When feasible, information on meeting schedules, procedures, and project
status shall be made available to the public in the interest of transparency and accountability.
J. Administrative Guidelines and Support
The Planning Department may develop administrative guidelines or standard operating procedures (SOPs) to
implement this section, including application procedures, submittal requirements, review timelines, and
communication protocols. Such guidelines shall be consistent with this Ordinance and approved by the County
Manager or designee.
The Planning Department shall provide staff support to the DRC, maintain records of meetings and
recommendations, and ensure that DRC comments are incorporated into staff reports prepared for review by the
Planning Board, Board of Adjustment, or Board of Commissioners, as applicable.
K. Effective Date
This section shall take effect upon adoption by the Person County Board of Commissioners and shall apply to all
applicable development applications submitted thereafter.
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ATTACHMENT 3 – EXAMPLE - DRC MEMO TEMPLATE
PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street,
Roxboro, North Carolina 27573
DRC Comment Memo
This Technical Review Memorandum (TRM) summarizes the interdepartmental staff comments provided during the
Development Review Committee (DRC) process. Its purpose is to ensure that all applicable County, State, and
Federal regulations are addressed early in the review process and that the applicant receives coordinated,
consistent feedback from all reviewing agencies. All comments provided herein are based on the materials
submitted as of the stated review date. Revisions or additional submittals may result in new or updated comments.
Project Name:
Map/Tax ID
Project Location:
Applicant/Owner:
Application Type: ☐ Site Plan ☐ Subdivision ☐ Rezoning ☐ Conditional Use ☐ Special Use ☐ Other:
_______
Date Submitted:
DRC Meeting Date:
Lead Planner:
1. Please address all outstanding comments before submitting revised plans.
2. Additional comments may be provided upon review of revised plans or as information becomes available.
3. Applicants are encouraged to contact the Lead Planner with any questions or to schedule a follow-up meeting.
DRC Comments
County Attorney Date: Staff Contact:
Comments:
Economic Development Date: Staff Contact:
Comments:
Emergency Services Date: Staff Contact:
Comments:
Environmental Health Date: Staff Contact:
Comments:
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GIS Date: Staff Contact:
Comments:
Inspections Date: Staff Contact:
Comments:
NCDOT Date: Staff Contact:
Comments:
Planning and Zoning Date: Staff Contact:
Comments:
Recreation, Parks and Arts Date: Staff Contact:
Comments:
Soils and Water Date: Staff Contact:
Comments:
Tax Office Date: Staff Contact:
Comments:
Transportation (PATS) Date: Staff Contact:
Comments:
V. NEXT STEPS AND DEADLINES
Task Responsible Party Deadline / Status
Address all outstanding comments Applicant
Departmental follow-up review and confirmation Assigned Departments
Final DRC sign-off / clearance for permit processing Planning & Zoning
Scheduling of applicable Board or Permit Review Planning Staff
VI. DRC CONCLUSION ☐ All identified issues have been resolved. ☐ Additional revisions or clarifications are required before final approval.
11 | Page
Contact Information:
Lead Planner:
Name: __________________________
Title: __________________________
Email: __________________________
Phone: _________________________
Planning & Zoning Department Contact:
Planning@personcountync.gov
(336) 597-xxxx
Prepared by:
Person County Planning & Zoning Department
Date Issued: _________________________
SUPPLEMENTAL STAFF REPORT
Stress Test Assessment
Development Review Committee (DRC)
Executive Summary
This comprehensive stress test assessment evaluates the proposal by the Person County Planning
and Zoning Department to establish a formal Development Review Committee (DRC) and to adopt
a corresponding text amendment to the Person County Planning Ordinance (Section 150-4). The
analysis is prepared in accordance with North Carolina General Statutes (NCGS) Chapter 160D,
the Person County & City of Roxboro Joint Comprehensive Land Use Plan, and accepted planning,
administrative, and land use law best practices within North Carolina.
Person County is operating at a critical inflection point. Accelerated growth associated with energy
infrastructure, technology, multimodal transportation, and related residential and commercial
development is placing increasing strain on a development review system historically designed for
lower-volume, lower-complexity applications. At the same time, the County operates with a small
planning staff and must ensure that any procedural enhancements are legally defensible,
administratively feasible, and fiscally responsible.
The proposed DRC represents a legally permissible and professionally appropriate response to
these conditions. Properly structured, the DRC can improve interdepartmental coordination,
reduce processing delays, improve the quality of development outcomes, and strengthen the
County’s administrative record. The stress test provides revisions necessary to strengthen
delegation of authority, due process clarity, enforcement linkage, and record-building practices.
This assessment concludes that the DRC ordinance amendment is recommended for adoption with
incorporating targeted ordinance refinements, explicit findings, administrative standard operating
procedures (SOPs), and County Attorney review. With these safeguards in place, the DRC will
enhance predictability for applicants, protect County infrastructure and environmental resources,
and improve the County’s litigation posture.
Primary Recommendation: Proceed with adoption of the DRC ordinance amendment subject to
the revisions, safeguards, and implementation measures identified herein.
SUPPLEMENTAL STAFF REPORT
Contents
Executive Summary ........................................................................................................................ 1
Background and Context................................................................................................................. 1
County Growth and Development Pressures .............................................................................. 1
Existing Development Review Conditions ................................................................................. 1
Purpose and Function of the Proposed DRC .................................................................................. 1
Supporting Resources and Citations ........................................................................................... 1
Legal Authority and Standard of Review ....................................................................................... 2
Statutory Authority (NCGS Chapter 160D) ............................................................................... 2
Scientific, Technical, and Evidentiary Basis .................................................................................. 2
Application to Staff and DRC Comments .............................................................................. 3
Practical Implication ............................................................................................................... 3
Staff Reports and the Administrative Record ............................................................................. 3
Role of Staff Reports as Evidence .......................................................................................... 3
Best Practices for Incorporation .............................................................................................. 3
Additional Authoritative Resources ........................................................................................ 3
Comprehensive Plan Consistency ................................................................................................... 4
Policy Rationale and Public Interest ........................................................................................... 4
Predictable Development Processes ........................................................................................... 4
Infrastructure Protection ............................................................................................................. 4
Economic Development Readiness............................................................................................. 4
Rural Character Management ..................................................................................................... 5
Transparency and Administrative Efficiency ............................................................................. 5
Summary Policy Justification ................................................................................................. 5
Cost-Benefit Assessment ................................................................................................................ 6
Qualitative Benefits .................................................................................................................... 6
Reduced re-review cycles ....................................................................................................... 6
Enhanced applicant predictability ........................................................................................... 6
Stronger Litigation Record ..................................................................................................... 6
SUPPLEMENTAL STAFF REPORT
Quantitative and Fiscal Considerations ...................................................................................... 7
No Direct Capital Cost ............................................................................................................ 7
Marginal Increase in Staff Meeting Time ............................................................................... 7
Potential Net Staff Time Savings ............................................................................................ 7
Transportation and Infrastructure Impacts ...................................................................................... 7
Environmental and Watershed Considerations ............................................................................... 7
Economic Development Impacts .................................................................................................... 7
Findings of Fact .............................................................................................................................. 7
Person County is experiencing increased development complexity. .......................................... 7
Coordinated technical review improves efficiency and compliance. ......................................... 8
The DRC is advisory and administrative in nature. .................................................................... 8
The amendment is consistent with adopted plans. ...................................................................... 9
Legislative Determinations ............................................................................................................. 9
Procedural Determination ........................................................................................................... 9
Administrative Determination .................................................................................................... 9
Enforcement Determination ...................................................................................................... 10
Conclusion and Recommended Action ......................................................................................... 10
SUPPLEMENTAL STAFF REPORT
1
Background and Context
COUNTY GROWTH AND DEVELOPMENT PRESSURES
Person County is transitioning from a predominantly rural development pattern toward a more
complex rural-to-transitional context. Recent and anticipated growth in drivers include:
• Major data infrastructure investment and associated utility upgrades
• Renewable energy and utility-scale solar projects
• Transportation and airport-related improvements
• Incremental residential growth and supporting commercial services
These trends increase the technical complexity of development proposals, expand
interdepartmental review needs, and elevate the County’s exposure to legal and fiscal risk if
coordination failures occur.
EXISTING DEVELOPMENT REVIEW CONDITIONS
Under existing practice, development applications are reviewed separately by individual
departments, often resulting in:
• Fragmented and inconsistent feedback
• Late-stage identification of infrastructure or safety conflicts
• Increased re-submittals and review cycles
• Applicant frustration and reduced predictability
The absence of a formalized coordination mechanism places strain on staff capacity and weakens
the County’s ability to present a coherent administrative record.
Purpose and Function of the Proposed DRC
The proposed DRC is intended to function as a staff-level administrative coordination body, not
as a decision-making board. Its core purposes include:
• Early identification of regulatory and technical issues
• Consolidation of departmental comments
• Improved communication with applicants
• Reduction of avoidable delays
• Strengthening of the development review record
Critically, the DRC does not create new development standards, does not approve or deny
applications, and does not supplant the authority of the Planning Director, Planning Board, Board
of Adjustment, or Board of County Commissioners.
SUPPORTING RESOURCES AND CITATIONS
• North Carolina General Statutes (NCGS) Chapter 160D
o Article 3 – Boards and Organizational Arguments
o Article 4 – Administration, Enforcement, and Appeals.
SUPPLEMENTAL STAFF REPORT
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• American Planning Association (APA) Best Practices
o APA recommends Technical Review Committees (TRCs) as a best practice for
improving efficiency and transparency in development review.
• UNC School of Government Guidance
o Emphasizes that staff-level committees should remain advisory and avoid
exercising quasi-judicial authority.
• Case Studies
o Guilford County TRC: Functions as a coordination body, not a decision-maker.
o Pender County TRC: Includes multiple departments for technical review only.
Legal Authority and Standard of Review
STATUTORY AUTHORITY (NCGS CHAPTER 160D)
North Carolina law expressly authorizes local governments to organize administrative processes
for development review. The proposed DRC is legally supportable only if it remains advisory and
administrative in nature, with final decisions rendered by authorized officials or boards.
Professional planning literature reinforces that internal procedural ordinances—such as those
governing staff coordination—are classic legislative tools intended to improve administrative
effectiveness and are properly evaluated under deferential review standards. See:
• APA
o Growing Smart Legislative Guidebook
o Modernizing Development Regulations
• UNC School of Government
o Owens, Land Use Law in North Carolina, Ch. 21
• ICMA
o Ethics and Accountability in Land Use Administration
Scientific, Technical, and Evidentiary Basis
Coordinated technical review is recognized as a best practice by North Carolina professional
associations and peer counties. When properly documented, DRC memoranda can enhance the
evidentiary record by:
• Demonstrating consistency
• Showing early issue identification
• Supporting findings of fact
From an evidentiary standpoint, DRC memoranda can strengthen the County’s record only if
clearly identified as staff analysis rather than binding determinations.
SUPPLEMENTAL STAFF REPORT
3
Application to Staff and DRC Comments
In this context, comments or analyses prepared by DRC (or any consulting or staff body) may
constitute competent, material, and substantial evidence only if they meet the following criteria:
1. Factual or Technical Basis
2. Connection to Ordinance Standards
3. Avoidance of Conclusory Statements
Practical Implication
Accordingly, DRC or staff comments should:
• Describe what was observed and explain why it matters
• Cite which ordinance standard is implicated
• Avoid expressing preferences or recommendations that resemble legislative or policy
judgments rather than factual determinations
STAFF REPORTS AND THE ADMINISTRATIVE RECORD
Role of Staff Reports as Evidence
• Staff materials are not automatically evidence
• They become evidence when:
o Introduced into the record,
o Referred to during the hearing, or
o Explicitly relied upon by the board in making findings
Best Practices for Incorporation
To ensure staff reports—including DRC memoranda—are treated as competent evidence, best
practice includes:
1. Formal Identification in the Record
2. Attribution to Specific Expertise
o Planning analysis
o Engineering review
o Environmental assessment
o Code enforcement interpretation
3. Explicit Linkage to Ordinance Criteria
Additional Authoritative Resources
For further citation and practitioner guidance, the following resources are routinely relied upon by
North Carolina courts, county attorneys, and planning professionals:
1. David W. Owens, Land Use Law in North Carolina
2. Julian C. Mann III, Administrative Justice: No Longer Just a Recommendation
3. American Planning Association (APA), Zoning Practice series
SUPPLEMENTAL STAFF REPORT
4
Comprehensive Plan Consistency
POLICY RATIONALE AND PUBLIC INTEREST
The DRC process advances public interest by implementing adopted policy objectives articulated
in the Person County & City of Roxboro Joint Comprehensive Land Use Plan and by aligning
local development review practices with widely accepted professional planning standards. When
properly structured and administered, the DRC functions as an administrative coordination
mechanism that enhances regulatory clarity, infrastructure stewardship, economic
competitiveness, and rural resource protection, while improving transparency and procedural
fairness.
PREDICTABLE DEVELOPMENT PROCESSES
Predictability in land use regulation is a core planning principle and a recognized public benefit.
Consolidated, early-stage interdepartmental review reduces regulatory uncertainty, improves
application quality, and minimizes discretionary risk for both applicants and local governments.
Professional literature consistently identifies predictability as essential to:
• Fair administration of land use controls
• Reduction of procedural due process claims
• Encouragement of compliant, higher-quality development proposals
Key authorities include:
• American Planning Association (APA), Growing Smart Legislative Guidebook
INFRASTRUCTURE PROTECTION
The DRC supports infrastructure protection by coordinating technical review across departments
responsible for transportation, utilities, stormwater, emergency services, and environmental health.
This integrated approach ensures that development proposals are evaluated holistically against
adopted capacity, level-of-service, and capital planning assumptions.
Planning literature identifies coordinated review as a critical mechanism for:
• Avoiding premature or inefficient infrastructure expansion
• Protecting public investment in capital facilities
• Ensuring development timing aligns with service availability
Relevant sources include:
• U.S. Environmental Protection Agency (EPA), Smart Growth
ECONOMIC DEVELOPMENT READINESS
Well-defined and coordinated development review processes are widely recognized as essential to
economic development competitiveness. The DRC enhances Person County and Roxboro’s
readiness for investment by clarifying regulatory expectations early in the development process
and reducing avoidable delays.
SUPPLEMENTAL STAFF REPORT
5
Professional research demonstrates that:
• Communities with coordinated review processes attract higher-quality investment
• Regulatory clarity reduces project abandonment and redesign costs
• Early technical feedback improves site feasibility and market responsiveness
Key references include:
• Urban Land Institute (ULI), Reshaping the City: Zoning for a More Equitable, Resilient,
and Sustainable Future
UNC School of Government guidance further emphasizes that administrative coordination tools
such as DRCs support economic development while preserving regulatory integrity. See Owens,
Land Use Law in North Carolina, Ch. 21.
RURAL CHARACTER MANAGEMENT
The DRC process supports rural character management by ensuring that development proposals
are reviewed for consistency with adopted rural land use policies, resource protection standards,
and infrastructure constraints. Early, multidisciplinary review allows staff to identify potential
conflicts with rural preservation goals before formal entitlements are sought.
Professional planning literature recognizes that rural character is best managed through:
• Early design guidance
• Infrastructure-sensitive development review
• Coordinated application of environmental and land use standards
Authoritative sources include:
• APA Small Town and Rural Planning Division (STaR)
• Managing Growth in America’s Communities by Douglas Porter
TRANSPARENCY AND ADMINISTRATIVE EFFICIENCY
The DRC enhances transparency and procedural fairness by consolidating multi-departmental staff
feedback into a single, organized document. This approach reduces fragmented communication,
limits inconsistent guidance, and improves the clarity of the administrative record.
Best practices literature emphasizes that consolidated staff feedback:
• Improves public understanding of regulatory requirements
• Strengthens defensibility of staff recommendations
• Enhances the quality of legislative and quasi-judicial records
Supporting authorities include:
• APA, Code of Ethics and Professional Conduct
Summary Policy Justification
Collectively, the DRC process advances adopted comprehensive plan goals, promotes efficient
and equitable administration of land use regulations, protects public infrastructure investments,
SUPPLEMENTAL STAFF REPORT
6
supports economic development readiness, and preserves rural character. These outcomes are
consistent with both North Carolina statutory objectives and nationally recognized professional
planning standards, and they serve a clear and legitimate public interest.
Cost-Benefit Assessment
QUALITATIVE BENEFITS
Reduced re-review cycles
Coordinated, early-stage technical review reduces the frequency of application resubmittals by
identifying ordinance conflicts and technical deficiencies before formal submittal or hearing.
Professional planning literature consistently finds that fragmented, sequential review processes are
a primary cause of re-review cycles and applicant frustration.
Authoritative sources include:
• American Planning Association (APA), Growing Smart Legislative Guidebook
These sources identify interdepartmental review committees as the best practice for reducing
inefficiencies without weakening regulatory standards.
Enhanced applicant predictability
Predictable development review processes are a cornerstone of effective land use administration.
Consolidated feedback improves applicant understanding of regulatory requirements and reduces
uncertainty regarding review timelines and expectations.
Predictability also reduces the likelihood of contested hearings and appeals, which impose
substantial costs on small local governments.
Stronger Litigation Record
From a risk management perspective, coordinated staff documentation strengthens the
administrative record by:
• Clearly attributing technical analysis to qualified staff;
• Demonstrating consistent ordinance interpretation; and
• Reducing claims of arbitrariness or unequal treatment.
UNC School of Government guidance emphasizes that well-documented staff coordination
improves defensibility in judicial review. See:
• UNC School of Government, Owens, Land Use Law in North Carolina, Ch 21
SUPPLEMENTAL STAFF REPORT
7
QUANTITATIVE AND FISCAL CONSIDERATIONS
No Direct Capital Cost
The DRC model relies on existing staff and meeting space and does not require capital expenditure
for facilities, equipment, or technology. Planning literature frequently cites the absence of capital
costs as a key advantage of administrative coordination reforms.
Marginal Increase in Staff Meeting Time
Implementation requires a modest increase in staff meeting time, typically ranging from 60–90
minutes per meeting. However, professional research indicates that front-loaded coordination
often reduces overall staff time by preventing repeated reviews and late-stage redesigns.
Supporting literature includes:
• ICMA, Time Management and Process Efficiency in Local Government
• ULI, The Real Estate Development Process
Potential Net Staff Time Savings
Although precise savings are difficult to quantify in advance, case studies cited in APA and ICMA
publications demonstrate that coordinated review processes frequently result in net staff time
savings, particularly in jurisdictions with limited staff capacity and increasing application
complexity.
Transportation and Infrastructure Impacts
Early coordination through the DRC improves protection of transportation infrastructure, access
management, and utility planning. No adverse transportation impacts are anticipated.
Environmental and Watershed Considerations
The DRC supports early identification of stormwater, watershed, and environmental health issues,
reducing downstream compliance failures.
Economic Development Impacts
The DRC sends a positive signal of predictability and professionalism. No material adverse
economic development impacts are identified.
Findings of Fact
PERSON COUNTY IS EXPERIENCING INCREASED DEVELOPMENT COMPLEXITY.
The governing body finds that Person County is experiencing increased development complexity
driven by changing market conditions, evolving infrastructure demands, and heightened regulatory
requirements at the local, state, and federal levels. Contemporary development proposals
increasingly involve multi-disciplinary considerations, including stormwater management,
SUPPLEMENTAL STAFF REPORT
8
transportation access, utility capacity, environmental resource protection, emergency services
access, and interjurisdictional coordination.
As development complexity increases, reliance on siloed, sequential departmental review can lead
to inconsistent guidance, delayed project timelines, and avoidable compliance issues. The
governing body therefore finds that existing development trends justify enhanced internal
coordination mechanisms to ensure that land use regulations are administered consistently and
effectively.
COORDINATED TECHNICAL REVIEW IMPROVES EFFICIENCY AND COMPLIANCE.
The governing body further finds that coordinated, interdisciplinary technical review improves
both administrative efficiency and regulatory compliance. Early identification of ordinance
requirements and potential conflicts reduces the likelihood of incomplete applications, multiple
resubmittals, and post-approval compliance issues.
Professional planning literature consistently demonstrates that coordinated review processes:
• Reduce administrative delays and staff workload;
• Improve applicant understanding of regulatory standards;
• Increase consistency in ordinance interpretation; and
• Strengthen the defensibility of subsequent approvals.
See American Planning Association (APA), Growing Smart Legislative Guidebook; International
City/County Management Association (ICMA), Development Review Best Practices; UNC School
of Government, Owens, Land Use Law in North Carolina. These sources recognize
interdepartmental coordination as a hallmark of sound land use administration and a legitimate
governmental objective.
The governing body finds that improved efficiency and compliance directly advance the public
interest by conserving public resources, protecting infrastructure investments, and reducing the
risk of inconsistent or arbitrary application of development regulations.
THE DRC IS ADVISORY AND ADMINISTRATIVE IN NATURE.
The governing body expressly finds that the Development Review Committee (DRC) is advisory
and administrative in nature. The DRC does not exercise independent approval authority, make
binding determinations, or substitute its judgment for that of the decision-making bodies
established by ordinance.
Instead, the DRC functions as an internal coordination forum designed to:
• Consolidate technical comments from relevant departments;
• Identify applicable ordinance standards;
• Provide nonbinding guidance to applicants and staff; and
• Inform, but not control, subsequent administrative or quasi-judicial review.
This structure is consistent with North Carolina law distinguishing administrative support
functions from decision-making authority. The governing body finds that the DRC’s advisory role
SUPPLEMENTAL STAFF REPORT
9
avoids improper delegation of authority and preserves all procedural and substantive rights
provided under state law and local ordinance.
THE AMENDMENT IS CONSISTENT WITH ADOPTED PLANS.
The governing body further finds that the ordinance amendment is consistent with the Person
County & City of Roxboro Joint Comprehensive Land Use Plan and advances multiple adopted
policy objectives, including predictable development processes, coordinated infrastructure
planning, economic development readiness, and rural character management.
North Carolina law recognizes plan consistency as a legitimate and important consideration in
legislative zoning actions. See N.C. Gen. Stat. § 160D-501(a). The governing body finds that the
ordinance amendment implements, rather than departs from, adopted policies by establishing
administrative tools that improve execution of the plan’s goals without altering land use
designations or development standards.
Legislative Determinations
PROCEDURAL DETERMINATION
The governing body finds that the ordinance was adopted in full compliance with all applicable
procedural requirements of North Carolina law and local regulations. Proper notice was provided,
and a duly advertised public hearing was conducted in accordance with N.C. Gen. Stat. § 160D-
601.
The legislative record reflects that:
• The ordinance text and summary were made available for public inspection prior to the
hearing;
• Interested parties were afforded a meaningful opportunity to be heard; and
• The governing body considered staff analysis, public comment, and consistency with
adopted plans prior to taking action.
ADMINISTRATIVE DETERMINATION
The governing body further determines that the ordinance establishes or clarifies the Development
Review Committee (DRC) as an internal administrative coordination mechanism intended to
improve efficiency, consistency, and technical review quality across departments. The DRC does
not exercise independent decision-making authority and does not approve, deny, or condition
development applications.
Instead, the DRC:
• Facilitates interdepartmental communication;
• Provides consolidated, nonbinding technical feedback; and
• Assists applicants and decision-makers by identifying ordinance requirements and
potential issues early in the process.
SUPPLEMENTAL STAFF REPORT
10
This administrative structure is consistent with recognized best practices in land use administration
and does not alter or reassign approval authority vested in the governing body, planning board,
board of adjustment, or other decision-making bodies as established by ordinance and Chapter
160D.
ENFORCEMENT DETERMINATION
The governing body further determines that the ordinance does not expand, diminish, or otherwise
modify enforcement authority. All enforcement powers, remedies, and procedures remain as
otherwise provided in the zoning ordinance and applicable state law, including N.C. Gen. Stat. §§
160D-401 through 160D-404.
The DRC has no independent enforcement role and does not:
• Issue notices of violation;
• Impose penalties or conditions; or
• Interpret the ordinance in a binding manner.
Enforcement actions remain subject to established administrative procedures, statutory safeguards,
and, where applicable, judicial review. This clear separation between advisory review functions
and enforcement authority is consistent with professional planning standards and minimizes risk
of procedural confusion or unauthorized delegation.
Conclusion and Recommended Action
The proposed Development Review Committee (DRC) ordinance amendment represents a
measured and legally supportable response to increasing development complexity in Person
County. As structured, the amendment advances adopted comprehensive plan objectives, improves
internal coordination, and enhances transparency and predictability in the development review
process, while preserving all statutory approval authority and due process protections.
The DRC is properly framed as an advisory and administrative mechanism that consolidates
technical staff input without exercising independent decision-making authority. When clearly
bounded by ordinance language and implemented through standardized procedures, the DRC is
consistent with North Carolina General Statutes Chapter 160D, controlling case law, and widely
accepted professional planning and public administration best practices.
1 | Page
PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street,
Roxboro, North Carolina 27573
Item: C.3. Petition TA 21-25
I. Background
North Carolina General Statute 160D-705 authorizes local governments to impose “reasonable and appropriate
conditions and safeguards” when approving Special Use Permits (SUPs). Person County’s SUP regulations, codified
in Planning Ordinance Section 155 (Special Use Permits), were last amended on May 3, 2021. Since that time, the
County has adopted a new Joint Land Use Plan with the City of Roxboro (November 15, 2021) and is actively
collaborating with the Upper Neuse River Basin Association to update the Falls Lake Rules for critical watershed
areas.
The County is currently navigating several emerging issues that may directly influence how the Board of
Commissioners evaluates SUP applications in its quasi-judicial capacity, including but not limited to:
• Determining what constitutes “reasonable and appropriate conditions and safeguards” for SUPs involving Event
Centers, Equipment Rental, Open Storage, and other nonresidential uses
• Evaluating whether properties located within the County’s critical watershed areas warrant more stringent
conditions and safeguards than properties outside those areas
• Clarifying how land use regulations apply to residentially zoned property in the R and RC districts, particularly
when proposed activities fall outside the scope of “bona fide farm purposes.”
In response to recent land-use challenges—such as large-scale farm parties, anticipated updates to the Falls Lake
Rules replacing the Interim Alternative Implementation Approach (IAIA Rules), and the County’s evolving
multimodal network driven by airport expansion, greenway development, and safety improvements—Planning staff
have initiated a review of the SUP regulations to identify needed clarifications and ensure that the ordinance
effectively addresses current and emerging development pressures.
III. Summary of Information
Examples of “reasonable and appropriate conditions and safeguards” are tied to local authority and cannot
impose conditions like taxes and impact fees, these include:
• The use will not endanger public health or safety and is developed and operated per the submitted plan.
• The use will not substantially injure the value of adjoining or abutting property.
• The location and character will be in harmony with the surrounding area and consistent with the local land
use plan.
• The development will comply with all other requirements of the zoning ordinance.
• Significant adverse impacts on the natural environment (e.g. noise, glare, odor, etc.) will be mitigated.
North Carolina Counties have updated their local ordinance to include specific SUP standards below are examples:
Wake County
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Before the Board of Adjustment can approve any Special Use Permit petition, it must first reach each of the
following conclusions:
1.The proposed development will not materially endanger the public health or safety.
2.The proposed development will comply with all regulations and standards generally applicable within the
zoning district and specifically applicable to the particular type of special use or class of special uses.
3.The proposed development will not substantially injure the value of adjoining property or is a public necessity.
4.The proposed development will be in harmony with the area in which it is located.
5.The proposed development will be consistent with the Wake County Land Use Plan.
Planning Staff conduct a comprehensive review through detailed checklist prior to Board of Adjustment meeting.
Franklin County
All site plans for Special Use Permits shall be prepared by a licensed surveyor or engineer, with the minimum
requirements listed below:
•Topography: Topography of the site at contour intervals not greater than 10 feet.
•Structure: Location and approximate size of all existing and proposed buildings and structures within the site
and on the lots adjacent thereto.
•Circulation: Proposed points of access and egress and pattern of internal circulation.
•Lighting: Proposed lighting location and design.
•Buffering: Shall be required.
•Parking and Loading: Layout of parking spaces and type of proposed surfacing.
•Drainage: Proposed provision for storm drainage (including retention pond facilities, when applicable),
approved by the Administrator.
•Landscaping: If applicable.
•Utilities: Location of all existing and proposed utilities if the development is to be serviced by public utilities
including but not limited to water, sewer, and gas.
SUP processes take 60 to 90 days to process after receiving a complete application.
Given these emerging needs and best practices, the Planning Director recommends clarifying the Special Use Permit
section of the Planning Ordinance to incorporate specific standards that support the Board of Commissioners’
decision-making process and address recent land-use issues. A proposed Text Amendment is included in the
attachment.
IV.Comprehensive Plan Consistency
Person County Planning Ordinance Section 153, Amendments to the Zoning Map or Ordinance, as well as NCGS §
160D-604 & § 160D-605, requires consistency with the adopted Compressive Plan. A statement reflecting
the consistency must accompany the Planning Board recommendation. A general statement of plan consistency
and a desire for clear regulations can be used as adequate support.
V.Action
Conduct a public hearings for the proposed amendments (Attachment 1) at the February Planning Board.
VI.Submitted by
Nishith Trivedi, Planning Director
Attachment 1
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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.
To ensure public health, safety, and welfare, certain special uses—such as Event Centers, Equipment Rental, and
Open Storage—are recognized as having unique operational characteristics that warrant additional, clearly defined
conditions and safeguards. These uses shall be evaluated separately from other nonresidential uses to ensure that
any potential adverse impacts related to traffic, noise, lighting, intensity, or site operations are fully mitigated.
Properties located within designated critical watershed areas shall be subject to more stringent performance
standards, conditions, and safeguards than comparable uses located outside such areas, due to the heightened
need to protect water quality and watershed integrity.
Special Use Permits shall not be used to authorize activities that fall outside the scope of “bona fide farm purposes,”
as defined in N.C.G.S. 160D-903. Any proposed use claiming farm status must demonstrate compliance with
statutory criteria. Activities that do not meet bona fide farm thresholds shall be reviewed as special uses under this
section and must meet all associated standards and conditions.
155-2 Submission of Petitions - Petitions for Special Use Permits shall be submitted to the Planning and Zoning
Department for review according to the published Board of Commissioners yearly meeting schedule on file in the
Planning and Zoning Department. The petition shall include the following:
1.A complete Application for a Special Use Permit accompanied by a site plan, prepared by a North Carolina
professional land surveyor, engineer, or architect. The site plan, drawn to scale, shall depict the following
(amended 9/2/2008):
a)The boundary of the lot(s) to be developed labeled with bearings and distances, total gross land
area, location of easement(s), utilities, adjacent road name(s) and number(s);
b)Name of project, property owner and applicant, vicinity map, north arrow, scale, date of plan
preparation and subsequent revisions dates;
c)Topography of site, at contour interval no greater than ten (10) feet, location of perennial and
intermittent waters, 100-year flood plains;
d)Location and approximate size of all existing and proposed buildings and structures within the site
and existing buildings and structures within five hundred feet adjacent thereto;
e)Proposed points of ingress and egress together with the proposed pattern of internal circulation;
f)Existing and proposed parking spaces;
g)Proposed provisions for water supply and sewage disposal;
h)If the site is located in a designated drinking water supply watershed, the plan shall also:
i.Depict the location of existing (labeled according to the date of establishment) and
proposed impervious surfaces and respective totals in square feet;
ii.The total land area of the lot(s) outside of the road right-of-way(s) in square feet.
i)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)
j)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:
i.A minimum lot size of two acres is required.
Attachment 1
4 | Page
ii. Density to be 2500 square feet for each tent or trailer space.
iii. A minimum undisturbed fifty-foot buffer from all property lines.
iv. Each campsite shall contain a stabilized parking pad of either pavement or gravel and one
off-street parking space.
v. 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)
k) A watershed impact analysis demonstrating compliance with enhanced critical-area standards,
including stormwater controls, lighting limitations, operating hour restrictions, and noise
attenuation measures.
l) Additional conditions or safeguards may be required for Event Centers, Equipment Rental, Open
Storage, or similar uses to ensure compatibility with the watershed’s environmental sensitivity.
m) Any applicant claiming exemption under bona fide farm purposes shall submit documentation
demonstrating compliance with N.C.G.S. 160D-903. Uses not meeting that definition shall be
subject to full SUP review.
n) The property owner and/or applicant shall have the burden of proving that the proposed special
use will not materially injure the value of adjoining or abutting property.
Each petition shall be accompanied by a fee to defray the cost of advertising and other administrative costs
involved.
NEW SECTION – 155-3: Reasonable and Appropriate Conditions and Safeguards
Purpose.
To ensure that Special Use Permits are issued in a manner that protects public health, safety, and welfare,
the Board of Commissioners may impose reasonable and appropriate conditions and safeguards pursuant
to N.C.G.S. 160D-705. These conditions shall be tailored to the specific use, site context, zoning district, and
environmental conditions.
General Standards for Conditions.
Conditions and safeguards imposed on any Special Use Permit shall:
1. Be reasonably related to the impacts of the proposed use;
2. Be supported by competent, material, and substantial evidence presented at the quasi-judicial hearing;
3. Not include taxes, impact fees, or unrelated financial contributions;
4. Be clear, measurable, and enforceable.
(C) Use-Specific Conditions for Event Centers, Equipment Rental, Open Storage, and Similar Uses.
Due to their unique operating characteristics, the Board may apply additional performance standards to
these uses, including but not limited to:
1. Operational controls: limits on hours of operation, event frequency, outdoor activity, and maximum
occupancy.
2. Noise and light mitigation: buffers, shielding, decibel limits, curfews, and photometric standards.
3. Traffic and access management: driveway improvements, turn lanes, sight-distance compliance,
parking controls, and designated loading or equipment-storage areas.
Attachment 1
5 | Page
4. Public safety protections: fire access, crowd control planning, temporary structure review, emergency
response coordination, or on-site management requirements.
(D) Enhanced Safeguards for Critical Watershed Areas.
Special Use Permits located within a designated critical watershed area shall meet enhanced environmental
protections including, but not limited to:
1. Reduced impervious surface thresholds
2. Enhanced stormwater controls exceeding minimum watershed requirements
3. Expanded vegetative buffers and riparian protection measures
4. Limitations on lighting, noise, and site disturbance
5. Additional site-specific conditions necessary to protect water quality and watershed functions.
(E) Uses Outside the Scope of a Bona Fide Farm Purpose.
If an applicant asserts a bona fide farm exemption but fails to demonstrate compliance with N.C.G.S. 160D-
903, the proposed use shall be subject to Special Use Permit review. Conditions may include:
1. Clear separation of agricultural and non-agricultural activities
2. Mitigation of impacts associated with commercial activities occurring on residential or agricultural
property
3. Limits on traffic, noise, customer access, hours, and event-related operations
4. Additional protections to ensure compatibility with surrounding rural areas.
(F) Recordation of Conditions.
All conditions imposed by the Board shall be stated in the written approval, recorded in the permit, and
binding on the property as part of the land-use entitlement.
NEW SECTION – 155-4: Findings of Fact Required for Approval
Before issuing any Special Use Permit, the Board of Commissioners shall make each of the following findings based
on competent, material, and substantial evidence presented at the quasi-judicial hearing:
1. Public Health and Safety.
The proposed use, as designed, conditioned, and operated, will not endanger the public health or
safety.
2. Compliance With Ordinance Requirements.
The proposed use complies with all applicable requirements of the Planning Ordinance, including
supplemental standards and any district-specific regulations.
3. Protection of Property Values.
The proposed use will not substantially injure the value of adjoining or abutting properties, or the use
is a public necessity.
4. Harmony With the Surrounding Area.
Attachment 1
6 | Page
The location, scale, design, and character of the proposed use are in harmony with the surrounding
area and consistent with adopted land use plans.
5. Environmental Protection.
Significant adverse impacts on the natural environment—including noise, lighting, stormwater runoff,
traffic, glare, odor, habitat disturbance, or watershed impairment—will be adequately mitigated
through site design or imposed conditions.
6. Public Infrastructure Adequacy.
Adequate public facilities—including roads, fire protection, and utilities—exist or can be provided to
serve the proposed use safely and efficiently.
7. Consistency With Adopted Policies.
The proposed use is consistent with the goals and policies of the Joint Land Use Plan, watershed
protection requirements, and other adopted County plans.
A permit shall be denied if any required finding cannot be affirmatively made.
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PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street,
Roxboro, North Carolina 27573
Special Use Permit
Staff Report
I. PURPOSE
The purpose of this report is to present a comprehensive evaluation and recommended update to the Special Use
Permit (SUP) provisions of the Person County Planning Ordinance. This report is intended to elevate the SUP
framework to a level of clarity, rigor, and policy importance, recognizing the critical quasi-judicial role SUPs play in
land use decision-making.
Special Use Permits represent one of the most consequential discretionary tools available to the County. Unlike
administrative permits, SUP approvals involve site-specific determinations made by the Board of Commissioners
acting in a quasi-judicial capacity. Decisions must be supported by competent, material, and substantial evidence
and must withstand heightened judicial scrutiny. Accordingly, the SUP ordinance must provide clear standards,
predictable procedures, and defensible findings to guide both applicants and decision-makers.
This report supports a proposed Text Amendment to Planning Ordinance Section 155 (Special Use Permits) to clarify
approval standards, strengthen application requirements, align with current statutory authority under NCGS
Chapter 160D, and respond to emerging development pressures affecting Person County.
II. BACKGROUND
A. Statutory Authority
North Carolina General Statute § 160D-705 authorizes local governments to issue Special Use Permits and to impose
“reasonable and appropriate conditions and safeguards” upon approval. The statute requires that SUP decisions be
based on specific findings of fact tied directly to ordinance standards.
Person County’s current SUP regulations were last amended on May 3, 2021. Since that time, the regulatory, policy,
and development landscape has evolved significantly, necessitating a reassessment of whether the existing
ordinance language provides adequate guidance and legal defensibility.
B. Policy and Planning Changes
Since the last SUP update, the County has:
• Adopted the Joint Land Use Plan with the City of Roxboro (November 15, 2021).
• Entered into ongoing coordination with the Upper Neuse River Basin Association regarding anticipated updates
to the Falls Lake Rules.
• Experienced increased development interest associated with infrastructure investment, renewable energy
projects, airport-related improvements, and large-scale rural activities.
These changes have introduced new land use dynamics, particularly in rural and residential zoning districts, where
SUPs are increasingly used to evaluate nontraditional or intensified uses.
C. Emerging Land Use Challenges
Recent SUP enforcement matters have highlighted several recurring issues:
• Determining the scope and limits of “reasonable and appropriate conditions and safeguards,” particularly for
event centers, equipment rental operations, open storage, and similar uses.
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• Evaluating whether properties within critical watershed and water supply areas warrant heightened conditions
relative to properties outside those areas.
• Clarifying when activities proposed on residentially zoned land exceed the scope of bona fide farm purposes.
• Managing impacts from large-scale gatherings, noise, traffic, lighting, and temporary structures in rural
contexts.
Collectively, these issues underscore the need for clearer, more objective SUP standards that reduce ambiguity
while preserving appropriate discretion.
III. ROLE OF SUP IN PERSON COUNTY DEVELPOMENT REGULATIONS
Special Use Permits occupy a distinct position within the County’s broader development review framework.
• SUPs are quasi-judicial decisions, not legislative actions.
• SUP hearings require sworn testimony, findings of fact, and conclusions of law.
• Conditions imposed must be directly related to ordinance standards and supported by evidence in the record.
Unlike the standard development review process, SUP review culminates in binding decisions with direct legal
consequences. As such, the ordinance standards governing SUPs must be at least as clear and robust as those
governing administrative review processes.
While Person County’s existing SUP provisions establish baseline criteria, recent experience indicates that:
• Standards are stated at a high level, leaving substantial room for interpretation.
• Application requirements vary by use and are not consistently defined.
• Boards are frequently asked to evaluate impacts without sufficient technical detail.
• Conditions are sometimes debated without clear guidance on legal limitations.
This can place both applicants and decision-makers at risk by increasing the likelihood of inconsistent decisions or
successful legal challenges.
IV. BEST PRACTICE AND PEER REVIEW
A review of North Carolina counties demonstrates a clear trend toward more detailed SUP standards and application
requirements.
A. Wake County
Wake County requires its Board of Adjustment to make explicit findings that:
• The use will not materially endanger public health or safety.
• The use complies with all applicable zoning regulations.
• The use will not substantially injure adjoining property values or is a public necessity.
• The use is in harmony with the surrounding area.
• The use is consistent with the adopted comprehensive plan.
Wake County Planning staff conduct detailed technical reviews using standardized checklists prior to the public
hearing, ensuring a well-developed evidentiary record.
B. Franklin County
Franklin County emphasizes detailed site plan requirements for SUP applications, including:
• Topography at specified contour intervals.
• Building and structure location and dimensions.
• Circulation and access design.
• Lighting, buffering, landscaping, and parking.
• Stormwater and drainage provisions.
• Utility availability and capacity.
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These requirements ensure that decision-makers evaluate SUPs based on concrete, site-specific information rather
than generalized descriptions.
C. Common Themes
Across jurisdictions, effective SUP ordinances share several characteristics:
• Clear, objective approval standards.
• Detailed application and submittal requirements.
• Strong linkage between conditions and impacts.
• Early technical review to reduce uncertainty at the hearing stage.
V. RECOMMENDATION
Planning staff recommends updating the SUP ordinance to:
1. Codify Clear Approval Standards
Explicitly restate and expand required findings related to:
• Public health, safety, and welfare.
• Compatibility with surrounding land uses.
• Protection of property values.
• Environmental and watershed impacts.
• Consistence with the Joint Land Use Plan.
2. Strengthening Application Submittal Requirements
Require standardized site plans and supporting documentation proportionate to the intensity of the proposed
use, including traffic, noise, lighting, and environmental information where applicable.
3. Clarify Conditions and Safeguards
Provide guidance on the types of conditions that may be imposed and reaffirm statutory limitations
prohibiting exactions, taxes, or conditions unrelated to ordinance standards.
4. Improve Procedural Integration
Align SUP review more closely with the Development Review Committee process to ensure technical issues
are identified and addressed prior to quasi-judicial hearings.
VII. COMPREHENSIVE PLAN CONSISTENCY
Pursuant to Planning Ordinance Section 153 and NCGS §§ 160D-604 and 160D-605, zoning ordinance amendments
must be consistent with the adopted comprehensive plan.
The proposed SUP ordinance updates advance multiple plan objectives, including:
• Providing clear, predictable land use regulations.
• Protecting rural character while accommodating appropriate economic activity.
• Safeguarding water supply watersheds and natural resources.
• Promoting fair, transparent, and legally defensible development decisions.
A formal statement of consistency should accompany the Planning Board’s recommendation.
VIII. IMPACTS AND BENEFITS
Adoption of the proposed SUP updates will:
• Improve legal defensibility of quasi-judicial decisions.
• Enhance transparency for applicants and the public.
• Reduce uncertainty and inconsistency in hearing.
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• Support coordinated growth aligned with County policy;
IX. CONCLUSION
Special Use Permits are among the County’s most powerful and scrutinized land use tools. Updating the SUP
ordinance to the same level of clarity, structure, and importance.
Prepared by:
Person County Planning and Zoning Department
PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street,
Roxboro, North Carolina 27573
Item: C.4. Petition TA 17-25
I. Background
On November 13, Planning staff initially presented a proposed text amendment aimed at clarifying the Landscaping
and Buffer development standards, consistent with prior discussions. During this meeting, Planning Board members
requested that staff develop Person County-specific landscaping and buffer standards, modeled on approaches
utilized in comparable jurisdictions, while also addressing certain concerns raised by the Board. A public hearing
was conducted as part of the session; however, no members of the public were in attendance.
In response, staff has prepared and submitted a comprehensive report (Attachment 1), accompanied by a stress-
tested supplemental analysis (Attachment 2). These materials directly address the Board’s concerns, providing
detailed recommendations and demonstrating the necessity of implementing tailored Landscape and Buffer
standards for Person County. The reports highlight the potential benefits of locally adapted standards, including
enhanced environmental protection, improved aesthetic continuity, and alignment with the County’s broader
planning and development objectives. Collectively, these efforts ensure that the proposed standards are not only
practical and implementable but also reflective of the unique characteristics and needs of Person County.
III. Summary of Proposed Amendments
This amendment revises Section 72: Landscaping and Buffers to strengthen land use separation, improve
environmental performance, and support water quality protection. Drawing on best practices from other North
Carolina counties, the updates promote the use of native vegetation, sustainable stormwater practices, and
improved buffer standards to reduce impacts between incompatible uses and enhance overall site design.
IV. Staff Analysis and Recommendation
These updates support the County’s goal of a clear, consistent, and modern planning framework by ensuring
regulations are compliant, easy to understand, and aligned with sustainable development practices. Consolidating
the ordinance, creating a comprehensive review process, and establishing SUP standards will also reduce
redundancy, improve accessibility, and enhance administrative efficiency.
V. Comprehensive Plan Consistency
Person County Planning Ordinance Section 153, Amendments to the Zoning Map or Ordinance, as well as NCGS §
160D-604 & § 160D-605, requires consistency with the adopted Compressive Plan. A statement reflecting the
consistency must accompany the Planning Board recommendation. A general statement of plan consistency and a
desire for clear regulations can be used as adequate support, if a specific language from the Comprehensive plan
cannot be found.
VI. Action
Recommend Board of Commissioners approve the Petition TA-17-25, Text Amendment for Landscape and Buffers.
VI. Submitted by
Nishith Trivedi, Planning Director
PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street,
Roxboro, North Carolina 27573
1
Landscaping and Buffers
Staff Report
Purpose: Legislative text amendment to clarify the County’s Landscape and Buffer Ordinance for clarity,
consistency, and environmental effectiveness while ensuring full compliance with Session Law 2024-57 (Helene
Bill) and consistency with adopted plans as well as other regulatory guidelines.
Executive Summary
This staff report reevaluates and recommends adoption of a proposed text amendment to the County’s Landscape
and Buffer Ordinance (Appendix 1) for second reading before the Planning Board. The amendment has been
refined to address Planning Board feedback, County attorney review, and NC DEQ regulatory guidelines 1, County
priorities and authority, and conclude with the benefit to residents, businesses and environment.
The proposed amendment does:
• Operates entirely within existing zoning, density, and use entitlements.
• Establishes objective, generally applicable development standards.
• Helps County meet local and state plans and regulatory guidelines.
• It represents a lawful exercise of the County’s police power to mitigate development impacts on water
quality, adjacent properties, and public infrastructure
• All supported by explicit legislative findings tied to adopted plans and scientific evidence.
The amendment does not:
• Violate any aspect of Helene Bill or extend County’s police powers (e.g. NCGS 160D).
• Allow future development to go unchecked as they impact the Roanoke, Tar, and Neuse Rivers.
• Affect subdivision development
Why This Amendment Is Legally Defensible
• No violation NCGS 160D-601(d):
o No changes to permitted uses or density allowances.
o All requirements are within existing setbacks, clarifying their requirements.
o Regulates development impacts, preserving growth and improving property value.
o Vested rights and non-conforming addressed, current projects expressly preserved.
• Objective Standards:
o Clear, measurable requirements reduce discretionary risk.
o Scientific and Evidence based on adopted plans and regulatory guidelines
1 Specific attention given to SL 2024-57 (commonly referred to as “Helene Bill”), downzoning, non-conforming, vested-right
protection and litigation defensibility.
STAFF REPORT
2
• Grounded in Police Power
o Protection of water quality, public infrastructure, and adjacent properties.
o Meeting County Comprehensive Plan Guiding Principles and Objectives
Why This Amendment Is Needed
• Addresses ambiguities and enforcement gaps in the current ordinance.
• Responds directly to Planning Board concerns raised at first reading.
• Aligns local standards with NC DEQ guidance and regional watershed goals.
• Reduces long-term public costs related to stormwater, erosion, and water quality impacts.
What Changed Since First Reading
1. Clarified buffer measurement methodology.
2. Refined applicability thresholds to avoid impacts on existing development.
3. Aligned buffer requirements with existing setback regulations.
4. Improved exemptions, and administrative procedures.
Planning Board Role at Second Reading
• Confirm that prior concerns have been addressed.
• Evaluate consistency with the Comprehensive Plan.
• Provide a recommendation to the Board of Commissioners.
Action Requested: Recommend approval (with or without changes) of the proposed text amendment with
authorization for minor non-substantive edits prior to Board of Commissioners consideration and forward to the
Board of Commissioners.
STAFF REPORT
3
I. Background and Need for the Amendment
A. Issues Identified
1. Legal Context: Helene Bill, Downzoning, Vested Rights and Non-Conforming Considerations
Half of the Planning Board members raised concerns regarding the potential implications of the proposed text
amendment considering the Disaster Recovery Act of 2025, commonly referred to as the Helene Bill (Session Law
2024-57). Specifically, members questioned whether the amendment could be construed as de facto downzoning,
result in unintended reductions in allowable development density, create new nonconformities, or infringe upon
vested development rights. These issues were framed primarily as matters of legal defensibility rather than
opposition to the underlying policy objectives. Notably, while expressing caution, Board members affirmed their
support for enhanced environmental protection and requested that the amendment be returned for further
consideration with a more robust legal framework and clearer justification grounded in statutory authority and
case law.
Session Law 2024-57 limits local governments’ ability to adopt development regulations that are more restrictive
than those in effect prior to the legislation’s enactment. However, the law does not impose a blanket prohibition
on all new or amended local regulations. Instead, it preserves local authority where such regulations are expressly
permitted or required under other provisions of state law. This statutory structure suggests that while certain
categories of new regulations may be constrained, others remain permissible.
In response, the proposed amendment has been intentionally structured to avoid any violations to existing state
law while promoting local control to address County’s environmental issues.
Planning staff has verified that the text amendment:
• Does Not Violate State Law: The regulations are crafted to be consistent with or less restrictive than state
law, ensuring compliance with Session Law 2024-57, subsequent amendments, and the general
framework of NCGS Chapter 160D.
• Maintains Existing Zoning Parameters:
o Permitted Uses & Density: The local rules make no changes to permitted uses or density
allowances, which is a key point in avoiding state law definitions of "down-zoning" that prohibit
local governments from making existing uses nonconforming without property owner consent.
o Setbacks: All requirements fall within existing setbacks, meaning they clarify current rules rather
than impose new, stricter ones that could be challenged as a form of nonconformity.
• Protects Ongoing Projects:
o Vested Rights: Provisions for vested rights and existing non-conformities are specifically
addressed, with current projects expressly preserved. This protects developers who have already
started work or received approvals from sudden changes in regulation, a key tenet of NC land use
law.
2. Regulatory and Scientific Basis
STAFF REPORT
4
Some Planning Board members also raised questions regarding the regulatory framework of the Falls Lake Rules
and the role of the Roanoke River watershed within Person County. They requested additional information on both
watershed areas, including the extent to which the County has authority or obligations to manage them. Several
members suggested it may be preferable to defer action until state-imposed regulations are applied to the County,
rather than adopting proactive local measures intended to protect environmental resources and potentially
preempt state intervention. Additionally, they sought clarification on the specific laws, plans, and regulatory
documents that require or support the County’s responsibility to protect environmental resources countywide,
rather than limiting such efforts to the southern portion of the County subject to the Falls Lake Rules.
They also requested more information on the scientific basis supporting the importance of protecting water quality
in Person County—within both the Falls Lake and Roanoke River watershed areas—is grounded in a broad and
well-established body of research. This work draws upon multiple independent sources and methodologies,
including the following:
• Peer-Reviewed Academic and Applied Research:
Research and policy analysis conducted by leading academic institutions and research organizations,
including the North Carolina Policy Collaboratory (in partnership with UNC–Chapel Hill, NC State
University, and East Carolina University), The Nature Conservancy, Virginia Tech, Duke University, UNC
Charlotte, UNC Wilmington, the Southeast Aquatic Resources Partnership (SARP), and the North Carolina
Water Resources Research Institute (WRRI). Collectively, these institutions provide regionally specific data
on watershed function, nutrient loading, sediment transport, aquatic habitat health, and the downstream
impacts of land-use change.
• Advanced Hydrologic and Watershed Modeling:
Extensive use of nationally and internationally recognized modeling platforms, such as the Soil and Water
Assessment Tool (SWAT), MODFLOW, ParFlow-CLM, and the Operational Analysis and Simulation of
Integrated Systems (OASIS). These tools are routinely employed to evaluate surface- and groundwater
interactions, pollutant transport, stormwater runoff, nutrient loading, and long-term watershed response
to development, climate variability, and land-management practices.
Together, this research and modeling framework provides a robust, science-based foundation for understanding
watershed dynamics in Person County and for informing regulatory, planning, and land-use decisions affecting
water quality in both the Falls Lake and Roanoke River basins.
While specific Federal, State and Local statutes were not presented, some like the Department of Environmental
Quality’s and Falls Lake Rules were discussed. Planning staff also offered to bring back more information on Federal
laws as well as the bi-state partnerships North Carolina shares with Virginia in addressing the Roanoke River. The
following are the regulatory bases for the Falls Lake Rules and Roanoke River Basin:
Federal:
• Clean Water Act (CWA) 1972
o National Pollutant Discharge Elimination System (NPDES): Requires permits that set limits and
monitoring requirements for pollutants discharged into waters.
STAFF REPORT
5
o Water Quality Standards (WQS): Require states and tribes to set standards for each water body,
defining allowed uses (such as drinking water or recreation) and the criteria needed to protect
them.
o Dredge and Fill Permits (Section 404): Regulate the placement of dredging or fill material in waters
and wetlands to protect wetland resources.
o Nonpoint Source Pollution Programs (Section 319): Provide funding and guidance to states to
reduce pollution from runoff sources such as agriculture and urban development.
o Total Maximum Daily Load (TMDL): impaired segments of certain rivers placed on state’s 303(d)
list
o County Specific:
Wastewater Treatment: County-owned sewage and treatment facilities must obtain
NPDES permits and meet discharge limits to control pollution.
Stormwater Management (MS4s): Counties operating storm sewer systems must have
NPDES permits and implement programs to reduce pollutants in runoff from roads,
parking lots, and other paved areas.
Construction and Maintenance: County projects in regulated waters or wetlands may
require Section 404 dredge or fill permits from the U.S. Army Corps of Engineers.
Spill Prevention: Counties must maintain spill prevention plans for facilities that store oil
or hazardous materials.
Counties as Planners and Co-Regulators
Local Ordinances: Counties can adopt and enforce rules on stormwater discharges, septic
systems, and land-use buffers to protect water quality.
Watershed Planning: Counties help develop watershed plans and conduct outreach to
reduce polluted runoff.
TMDL Implementation: Where waters are impaired, counties may help carry out state-
required pollution reduction plans.
Technical Assistance: Counties support local water systems and prepare water supply and
conservation plans.
State:
• Water and Air Resources – NCGS Chapter 143, Article 21: The state's public policy affirms its responsibility
for the preservation of water resources and established the agency to administer water pollution control
programs. This includes the designation of Nutrient Sensitive Waters (NSW) and TMDL
o Falls Lake – NSW – Multi-County managed by NCDEQ DWR, EMC, WOC and UNRBA
o Roanoke River – TMDL – Bi-State managed by RRBBSC, NCDEQ DWR, VADEQ, USACE, USDA, RRBA
• North Carolina Administrative Codes (NCAC) - These specific rules outline the mandatory nutrient controls
for various sources, including wastewater discharges, stormwater runoff from new 4and existing
developments, and agricultural operations
o Falls Reservoir Administrative Code (15A, 02B .0275-.0280)
o Tar-Pamlico River Basin (15A, 02B .0259-.0734)
o Roanoke River Basin Administrative Code (15A, 02B .0313)
County:
• Joint Comprehensive Land Use Plan
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• Planning Ordinance
o Article III – Water Supply Watershed Protection Requirements
Section 73 Setback Requirements (Notes)
o Article X – Non-conforming Uses
o Article XIV – Section 157 Variances, 158 Vested Rights
• Flood Damage Prevention Ordinance
This text amendment seeks to clarify the Landscape and Buffer requirements within the planning ordinance
using the other adopted plans and ordinances as the authority to doing so. This includes the state and federal
laws that grants the County’s ability to address important environmental concerns in the mist of growing
development. The text amendment does not seek to amend other sections in the Planning Ordinance or the
Flood Damage Prevention Ordinance.
3. Economic and Community Impacts
The 2021 Joint Comprehensive Land Use Plan jointly adopted by Person County and the City of Roxboro establishes
clear policy objectives to guide land-use and development decisions. These objectives are articulated through the
Plan’s guiding principles, several of which are directly advanced by the proposed Landscape and Buffer text
amendment. Key excerpts relevant to this analysis include the following:
Guiding Principle 1: Celebrating Rural Character and Lifestyle
Objectives:
• Implement growth management policies that direct development to designated growth areas, thereby
preserving prime agricultural lands and environmentally sensitive natural resources.
• Adopt context-sensitive development standards (such as conservation subdivision design) in agricultural
and environmentally sensitive areas.
Guiding Principle 2: Facilitating Sustainable Economic Growth
Objectives:
• Designate and maintain an adequate supply of developable land and suitable sites to support long-term
economic growth.
The proposed Landscape and Buffer text amendment advances these adopted policy objectives by clarifying
development standards in a manner that is grounded in federal, state, and local authority, supported by adopted
plans, and informed by established scientific research and modeling. Importantly, the amendment does not
diminish development potential or infringe upon the property rights of Person County residents or businesses.
Instead, it provides greater regulatory clarity by aligning landscape and buffer standards with existing setback
requirements, reducing ambiguity, and improving predictability for applicants, property owners, and staff alike.
This clarity supports both environmental protection and the preservation of property values.
Economic and Community Benefits of Well-Designed Landscape and Buffer Standards
Properly designed and implemented landscape and buffer regulations yield measurable economic and community
benefits, including the following:
• Protection and Enhancement of Property Values
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o Minimum Standards: Landscape ordinances establish baseline requirements for new
developments such as plant materials, buffering, and screening—that ensure a consistent level of
visual and environmental quality across the community. These minimum standards help prevent
individual developments from adversely affecting surrounding properties.
o Aesthetic Quality and Market Appeal: High-quality, well-maintained landscaping improves visual
character and curb appeal, making residential and commercial properties more attractive to
buyers, tenants, and investors. Enhanced appearance is consistently correlated with increased
marketability and value.
o Buffering of Incompatible Uses: Required buffers between differing land uses—such as residential
and commercial or industrial development—reduce negative externalities including noise, glare,
dust, and visual intrusion. By protecting residential privacy and livability, buffer standards
contribute to neighborhood stability and sustained property values.
o Environmental Performance: Landscape standards that promote native or adaptive plantings can
reduce irrigation demand, improve stormwater infiltration, enhance air quality, and mitigate heat
impacts. These environmental benefits further enhance neighborhood desirability and long-term
resilience.
o Regulatory Compliance and Market Certainty: Clear and enforceable standards reduce the risk of
noncompliance, enforcement actions, or legal disputes that can impair property marketability and
investor confidence.
o Return on Investment: Research consistently demonstrates that quality landscaping can yield a
significant return on investment, with studies indicating potential increases in property value
ranging from approximately 5–10 percent, and in some contexts higher.
• Reduction in Long-Term Public Costs
Thoughtfully designed landscapes and buffers function as green infrastructure, reducing stormwater
runoff, sedimentation, and pollutant loading. Over time, these benefits can lower public expenditures
associated with stormwater infrastructure, flooding mitigation, and water treatment.
• Preservation of Rural Character and Visual Quality
Landscape and buffer standards help retain the rural and scenic qualities valued by residents by softening
development impacts, maintaining visual separation between uses, and protecting sensitive landscapes.
This preservation supports community identity while accommodating growth in appropriate locations.
Supporting Research and Professional Literature
The economic and community benefits of landscape and buffer standards are well documented in professional
and academic research, including but not limited to:
• National Association of REALTORS® – 2023 Remodeling Impact Report
• American Planning Association – Green Infrastructure: A Landscape Approach and Native Landscapes in
the Neighborhood and Beyond
• Virginia Tech – The Effect of Landscape Plants on Perceived Home Value
• National Library of Medicine – Examining the Effects of Green Infrastructure on Residential Sales Price in
Omaha, Nebraska
• Journal of Environmental Horticulture – The Contribution of Landscaping to the Price of Single-Family
Houses: A Study of Home Sales in Greenville, South Carolina
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Just as there is clear legal authority and scientific justification for clarifying and strengthening local landscape and
buffer standards, there is also demonstrable economic benefit to property owners who implement them. The
proposed text amendment supports Person County’s adopted growth management framework by protecting
environmental resources, reinforcing rural character, enhancing property values, and reducing long-term public
costs—while maintaining flexibility for development and respecting private property rights.
II. Ordinance Development and Revisions
During the past three months Person County Planning staff has learned that while the environmental sensitive
areas in the southern portion of the County has been effectively addressed through the States mandated and
UNRBAs (NCGS 77-119 to 121) administration of the Falls Nutrient Rules, The Tar-Pamlico Nutrient Sensitive Waters
Management Strategy (15A NCAC 02B .0730), the rest of Person County is bound by the Roanoke River Basin Plan
and Roanoke River Basin Restoration Priorities as administered by the state’s Department of Environmental Quality
and Roanoke River Basin Bi-State Commission (NCGS 77-91) and the Hyco Lake Lease Area Guidelines regarding
vegetation management.
Feature Falls Lake Nutrient Rules Roanoke River Basin Priorities
Nitrogen
Reduction Mandatory 40% reduction by 2041. Focus on monitoring and voluntary best
management practices (BMPs).
Phosphorus
Reduction Mandatory 77% reduction.
General goals to address nonpoint
sources without specific basin-wide %
mandates.
Regulatory
Status
Designated as Nutrient Sensitive Waters
(NSW) with specific, enforceable
administrative rules.
Managed under general Basin wide Water
Resources Plans that are updated every
few years.
Agriculture
Impact
Stage II may require buffering all
cropland and excluding all pasture if goals
aren't met.
Encourages voluntary restoration of
riparian buffers.
Development
Strict nutrient loading targets for all new
development and mandatory reduction for
existing development.
General stormwater management with
standard state permits (NPDES).
Although the Falls Lake Nutrient Rules are currently more stringent, continued residential, commercial, and
infrastructure development in areas of Person County outside the Falls Lake watershed—particularly within the
northern portion of the County in the Roanoke River Basin—creates a foreseeable risk that regulatory
requirements in that basin will intensify over time. As water quality conditions change and development pressures
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increase, state and basin-level authorities may adopt more prescriptive measures similar in scope and impact to
those already in place for Falls Lake.
Because Person County’s Landscape and Buffer ordinance is codified within Article III, Water Supply Watershed
Protection Requirements, it is both reasonable and prudent for the County to apply consistent and proactive
standards countywide. Extending clarified landscape and buffer requirements beyond the Falls Lake watershed
allows the County to manage growth in a deliberate, locally controlled manner, rather than reacting to future state-
imposed mandates. This approach promotes regulatory consistency, provides greater predictability for landowners
and developers, and positions the County to protect water quality and environmental resources while maintaining
flexibility in implementation.
In this context, the proposed ordinance revisions represent a proactive, legally defensible extension of existing
water supply protection principles—designed to align local land-use regulation with foreseeable environmental
obligations, reduce long-term compliance risk, and support orderly growth throughout Person County.
A. Planning Board Review and Draft
During the November Planning Board meeting where the proposed amendments were initially discussed,
members requested staff return the item with Person County specific Landscaping and Buffer requirements in
context of other counties as discussed. In December, when staff presented a Person County specific Landscaping
and Buffer text amendment, some requested it be returned addressing the following:
1. What is the legal and scientific basis for regulating both point and non-point sources that affect water
quality?
a. Legal basis.
North Carolina regulates point sources under the federal Clean Water Act (CWA) through the
NPDES permitting program delegated to the State and administered by DEQ (33 U.S.C. §1342;
NCGS Chapter 143, Article 21). Non-point sources, including stormwater runoff, land
disturbance, agricultural activities, and diffuse development impacts, are addressed through
state authority under NCGS 143-214.5, basinwide water-quality management plans, riparian
buffer rules, erosion and sedimentation control statutes, and local land-use regulation
authorized under NCGS Chapter 160D.
b. Scientific basis.
Peer-reviewed hydrologic and watershed science consistently demonstrates that non-point
source pollution is the primary cause of surface water impairment in North Carolina, particularly
nutrient loading (nitrogen and phosphorus), sedimentation, thermal impacts, and pathogen
transport. Riparian areas function as scientifically established best management practices
(BMPs) that reduce pollutant loads, stabilize streambanks, attenuate flood flows, and protect
aquatic habitat.
2. What is the County’s legal and scientific basis for exercising that authority considering Helene Bill
(Session Law 2024-51)?
a. Legal basis. Session Law 2024-51 constrains certain local environmental regulations but does not
eliminate county authority to regulate land use where the regulation is:
i. Grounded in general police powers under NCGS 160D-701,
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ii. Implemented through zoning, subdivision, stormwater, erosion control, and watershed
protection provisions, and
iii. Consistent with or no more restrictive than state standards, or adopted to implement
state-recognized water-quality objectives.
b. Person County’s authority remains valid where ordinances are demonstrably tied to public
health, safety, and welfare, supported by adopted plans (e.g., the Joint Comprehensive Land Use
Plan), and aligned with DEQ basin plans or nutrient strategies.
c. Scientific basis. The County may rely on DEQ basin assessments, impaired waters listings, lake
trophic studies, and accepted BMP science to demonstrate a rational nexus between land-use
regulation and water-quality protection—critical for post-Helene statutory scrutiny.
3. Under which specific statutory provisions or administrative rules are a 50-foot riparian buffer
authorized? Please identify the exact authorities or regulations that permit or require such a buffer.
a. A 50-foot riparian buffer is authorized or supported through multiple overlapping authorities:
i. NCGS 143-214.5 – State authority to protect water quality and adopt riparian buffer
rules.
ii. Basinwide Water Quality Management Plans (Roanoke River Basin) – Provide scientific
and policy justification for buffer widths.
iii. NCGS 160D-102(14), 160D-501, and 160D-701– Local government authority to regulate
land use, environmentally sensitive areas, and flood-prone lands.
iv. NCGS Chapter 113A – Sedimentation Pollution Control Act (supports buffer use as
erosion and sediment control measures).
b. Where locally applied, a 50-foot buffer must be defensible as consistent with state policy or
necessary to implement adopted basin goals, rather than a purely discretionary local overlay.
4. What specific water-quality concerns and environmental issues currently affect northern Person County
— including, but not limited to, Hyco Lake and Mayo Lake — and what evidence supports those
concerns?
a. Nutrient enrichment (eutrophication) resulting in algal blooms and reduced dissolved oxygen.
b. Sedimentation from upstream land disturbance and shoreline erosion.
c. Thermal impacts and altered hydrology associated with land-cover change.
d. Pathogens and metals associated with stormwater runoff and legacy land uses.
e. Supporting evidence includes:
f. DEQ lake assessments and trophic state data for Hyco and Mayo reservoirs.
g. Roanoke River Basin Plan findings, including nutrient and sediment loading analyses.
h. Impaired waters listings and monitoring trends identifying stressors affecting reservoir water
quality and aquatic habitat.
i. Scientific consensus on reservoir sensitivity to upstream non-point source inputs, particularly in
rural-to-transitioning watersheds.
This report addresses them and provided a revised Person County specific Landscaping and Buffer development
standards.
B. Legal and Environmental Review
1. Legal Vetting
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NCGS § 160D-601(d): Definition and Avoidance of Down-Zoning
A central element of the local government’s regulatory strategy is strict adherence to the statutory definition of
“down -zoning” set forth in NCGS § 160D -601(d). This provision precisely delineates the circumstances under which
a zoning amendment constitutes a down-zoning and, by extension, triggers heightened statutory limitations on
local authority.
Under § 160D-601(d), down-zoning is defined to occur when a zoning amendment results in any of the following:
1. A reduction in development density below that which was previously permitted;
2. A reduction in the range of permitted uses, such that fewer uses are allowed than before; or
3. The creation of a nonconformity on non-residential land, including the establishment of a nonconforming
structure, use, or lot.
The County’s regulatory provisions are intentionally structured to avoid each of these statutory triggers.
Specifically, the local ordinance framework ensures that:
• Permitted uses and density entitlements remain unchanged, thereby avoiding any action that could be
characterized as a reduction in allowable intensity or use under subsections (1) or (2) of the statute; and
• All regulatory requirements are implemented within existing dimensional standards, including setbacks
and lot configuration requirements, which prevents the creation of new nonconformities on non-
residential property and avoids subsection (3) of the statutory definition.
By operating wholly within the existing zoning envelope, the County ensures that its actions do not meet the
statutory definition of down-zoning and therefore do not trigger the nonconsensual down-zoning restrictions
imposed by state law.
In response, the County’s approach is deliberately preventative rather than reactive. The local provisions are
drafted to:
• Avoid any action that meets the statutory definition of down-zoning, thereby ensuring compliance with
Session Law 2024-57 and protecting the enforceability of adopted regulations; and
• Demonstrate awareness of the evolving legislative landscape, including the sunset provisions of the
Helene Bill.
This posture positions the County to remain compliant under current law while retaining flexibility should statutory
authority be modified, restored, or further constrained by future legislative action.
Vested Rights and Nonconformities Under Chapter 160D
NCGS Chapter 160D contains explicit provisions establishing and protecting vested development rights, which
typically arise upon approval of a site-specific development plan, issuance of a building permit, or other qualifying
governmental approval. These vested rights generally extend for two to five years, subject to statutory suspension
during declared states of emergency.
Consistent with these protections, the County’s regulatory provisions:
• Expressly preserve vested rights and existing nonconformities, ensuring that development projects already
approved or underway are not adversely affected by regulatory clarification or refinement; and
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• Reinforce the State’s strong property-rights framework by affirmatively recognizing and incorporating
Chapter 160D protections into local ordinance language.
This approach reduces legal risk, minimizes claims of retroactive application, and provides predictability to
landowners and developers.
Strategic Regulatory Framing
Collectively, the County’s strategy reflects a deliberate and legally disciplined effort to regulate the impacts of
development—such as growth management, compatibility, and protection of property values—without crossing
the statutory boundaries established by the General Assembly. By avoiding reductions in density, permitted uses,
or the creation of nonconformities, the County maintains regulatory effectiveness while respecting the heightened
constraints imposed by NCGS § 160D-601(d) and Session Law 2024-57.
This approach is designed to withstand administrative, judicial, and legislative scrutiny while preserving the
County’s ability to manage growth in a predictable, defensible, and legally compliant manner. A comprehensive
legal review is provided in Appendix 2.
III. Analysis and Findings
A. Clarification of the Existing Person County Planning Ordinance
The Person County Planning Ordinance defines a setback as “the distance between the minimum building line and
the centerline of a street right-of-way; and where no street right-of-way is involved, the property line shall be used
in establishing the setback.” Setbacks are measured and applied in accordance with Section 73-2, Article III of the
ordinance. These provisions apply countywide and include all three watershed classifications recognized by the
North Carolina Environmental Management Commission within Person County—Neuse, Tar-Pamlico, and
Roanoke.
In addition, Section 73-1 establishes a specific transitional protection requirement where B-1 (Business), B-2
(General Business), or GI (General Industrial) zoning districts abut a Residential (R) district. In such cases, all
business or industrial uses must be setback a minimum of 50 feet from the abutting exterior property line. Business
uses are also permitted within the RC (Rural Conservation) district, and while the ordinance does not explicitly
reference RC within Section 73-1, such uses remain subject to the same setback principles and transitional
considerations where residential adjacency exists.
Relationship Between Setbacks and Dimensional Standards
In practice, these setback provisions must be applied alongside other minimum dimensional requirements,
including yard dimensions set forth in Section 72 – Table of Dimensional Requirements. The concurrent application
of setback standards and yard requirements can create confusion for applicants and staff, particularly where
multiple minimums apply simultaneously.
It is important to note that both setbacks and yard dimensions establish baseline development thresholds, not
maximum development limits. They define the minimum spatial separation required to protect neighboring
properties, ensure orderly development, and maintain public health and safety.
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The proposed landscaping and buffer development standards are intentionally designed to operate within these
existing minimum setbacks and yard areas. As such, they do not reduce allowable density, alter permitted uses, or
impose new dimensional nonconformities. Instead, they provide an additional layer of site design guidance that
enhances environmental protection and long-term property value without encroaching on minimum development
rights.
Illustrative Application of Dimensional Standards
For example, Section 72 – Table of Dimensional Requirements establishes the following minimums:
• Minimum lot width:
o 60 feet with water/sewer service
o 100 feet without water/sewer service
• Minimum side yard:
o 8 feet with water/sewer service
o 20 feet without water/sewer service
• Minimum setback:
o 50 feet (per Section 73-1)
These standards define the physical framework within which development may occur. However, the land itself may
contain streams, creeks, floodplains, wetlands, or other environmental features that further limit the area
reasonably available for development. Accordingly, the presence of a 50-foot minimum setback does not eliminate
the usability of a 100-foot-wide lot, nor does the minimum lot width guarantee that the entire parcel is
developable.
Role of Landscaping and Buffer Standards
Landscaping and buffer requirements serve a complementary role by allowing property owners to utilize portions
of required setbacks for functional, value-adding improvements. Properly designed landscaping can enhance site
aesthetics, improve environmental performance, and increase property value—often within a range of 10 to 50
feet or more, depending on site conditions and context and how this proposed ordinance is approved.
From a regulatory standpoint, tailoring the ordinance to allow flexible landscaping width ranges provides both
applicants and planning staff with the ability to respond to site-specific constraints while remaining fully compliant
with existing ordinance provisions and state regulations. This approach preserves development rights, improves
environmental outcomes, and reduces administrative friction by clarifying how multiple minimum standards work
together rather than in conflict.
In sum, the clarification and refinement of landscaping and buffer standards reinforce—not replace—the existing
dimensional framework of the Person County Planning Ordinance, supporting predictable development outcomes
while advancing environmental stewardship and long-term community value.
B. Alternatives Considered
The No Action (e.g. no new local regulation) Scenario:
The consequences of deferred regulatory action are clearly illustrated by the Falls Nutrient Management Rules and
their application to the southern portion of Person County. While the County did not originate the conditions that
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ultimately triggered state intervention, the absence of earlier, locally tailored measures has resulted in the County
being subject to mandatory, state-imposed regulatory requirements. Under this framework, Person County—
alongside other affected jurisdictions—is now obligated not only to comply with the Falls Rules but also to actively
support and implement regional nutrient reduction efforts aimed at restoring water quality in the Neuse River and
Falls Lake watershed.
As development pressure continues to intensify in the northern areas of the County, a similar trajectory is
foreseeable within the Roanoke River Basin. Absent proactive local action, the basin’s existing restoration priorities
and water-quality objectives could reasonably evolve into state-mandated nutrient or buffer regulations,
comparable in scope and rigidity to the Falls Rules. In that scenario, the County would again be placed in a reactive
posture—tasked with addressing cumulative impacts after the fact—rather than implementing measured, locally
appropriate standards in advance. The proposed text amendment is specifically intended to address these
emerging issues now, with the objective of reducing the likelihood that more prescriptive and potentially
burdensome regulations will later be imposed by the State.
Taken together, this approach reflects a deliberate effort to address known and emerging environmental risks
proactively, rather than deferring action until the County is compelled to comply with inflexible, state-mandated
solutions.
Strict Standards Scenario:
The proposed text amendment addressing landscaping and buffer standards is intentionally structured to avoid
establishing maximum requirements and, as a result, does not alter or constrain permitted development density.
Unlike comprehensive, prescriptive regulatory regimes—such as the Falls Nutrient Management Rules, which
apply uniformly and impose fixed, mandatory standards—the proposed amendment is not designed to function
as a countywide environmental overlay or to limit development potential.
While it is acknowledged that more stringent, uniform standards, if applied countywide, could yield environmental
benefits, such an approach would also materially restrict development flexibility and could raise statutory and
property-rights concerns. Accordingly, staff is not proposing strict or rigid standards. Instead, the amendment
emphasizes flexibility, providing applicants with a range of compliant options that can be tailored to site-specific
conditions. Where appropriate, the framework also allows for written consent, further ensuring alignment with
state law and preserving voluntary participation.
Examples of strict landscaping and buffer standards that are expressly not being proposed at this time include, but
are not limited to:
• Mandated lists of specific plant, tree, or shrub species, including detailed permitted and prohibited vegetation
schedules
• Opaque or intensive screening requirements commonly found in private homeowners’ association covenants,
which often exceed public-sector regulatory norms
• Mandatory incorporation of Crime Prevention Through Environmental Design (CPTED) principles as
enforceable design standards rather than optional best practices.
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Although such measures can provide additional benefits to property owners and communities, they also introduce
higher costs, increased complexity, and reduced development flexibility. For these reasons, staff is intentionally
not requesting adoption of these prescriptive standards currently.
In sum, the proposed amendment reflects a measured, incremental approach that enhances environmental
performance and site design outcomes without imposing rigid, one-size-fits-all requirements, preserving both
regulatory defensibility and applicant flexibility under current North Carolina law.
Conclusion
This report directly addresses all concerns and questions raised by the Planning Board and presents a revised
Landscape and Buffer Ordinance text amendment that reflects both policy guidance and technical feedback
received during prior deliberations. As state land-use statutes continue to evolve and federal regulatory
interpretations—particularly those governing Waters of the United States (WOTUS)—continue to influence
implementation of the Clean Water Act and the oversight roles of federal and state environmental agencies, local
governments are increasingly expected to adopt proactive, well-calibrated measures to protect environmental
resources within their jurisdiction.
The proposed text amendment responds to this regulatory landscape by strengthening local environmental
protections in a manner that is measured, flexible, and legally defensible. The amendment has been informed by
extensive staff research, refined through multiple iterations at the direction of the Planning Board, and reviewed
by the County Attorney to ensure consistency with applicable law. The County Attorney makes no representation
as to the advisability of the policy stances herein. Importantly, the proposal builds upon the County’s demonstrated
track record of advancing environmental protection objectives while continuing to accommodate responsible
growth and economic development.
Based on this comprehensive review and refinement process, staff recommends that the Planning Board approve
the proposed Landscape and Buffer Ordinance text amendment and authorize staff and the County Attorney to
make minor, non-substantive edits as necessary prior to final adoption. Approval of this amendment would affirm
the County’s commitment to balanced growth, environmental stewardship, and transparent, legally sound
development regulation, positioning Person County to respond effectively to both current conditions and future
regulatory change.
Appendix
1.Revised Ordinance Text Amendment – Landscaping and Buffers
2.Additional Research and Resources
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Appendix 1 - Revised Ordinance Text Amendment – Landscaping and Buffers
LANDSCAPING AND BUFFERS
1. To mitigate health, safety, and welfare concerns, landscaping and buffers may be required as a condition of
approval for projects requiring a Special Use Permit.
For Industrial Uses located adjacent to or across any right of way from residential properties, a vegetative buffer is
required.
• For heavy industrial uses, the buffer shall be at least 100’ wide
• For light Industrial Uses, the buffer shall be at least 50’ wide
2. Buffers are meant to provide a visual separation between land uses that may not be compatible. The visual
separation need not be opaque, but adequate in the permit issuing authority’s finding to provide the necessary
protection to the less intensive use.
Buffers shall include at a minimum, evergreen shrubs and a combination of deciduous and evergreen trees.
1. 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,
2. 5 evergreen shrubs, or 3 evergreen and 2 deciduous shrubs, with a height and spread of at least 5’ in 10 years.
3. 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.
4. Landscape plans shall be completed by a registered landscape architect or licensed landscape designer.
NOTES:
1. 8,000 square feet for the first two dwelling units and 2,500 sq. ft. for each additional dwelling unit.
2. Minimum setback for the first story and 10 additional feet for each additional unit.
3. Zero (0) yard requirement adjacent to the contour line of Hyco Lake, Lake Roxboro (located on the
Person/Caswell County line) and Mayo Lake.
4. Measured from the closest point of the building to the property line or right-of-way.
5. No structure need be setback more than the average of the two (2) directly adjacent primary use structures on
either side.
6. Uncovered stoops, decks and steps may extend into any required yard area no more than one half the required
yard depth or width for lots without central water and sewer and with central water except no encroachment will
be allowed adjacent to US or NC Highways. (Added 08/04/2008; 01/06/2020)
7. Unless otherwise specified in this ordinance, accessory buildings may be allowed within five (5) feet of rear and
side yard lot lines. See Note 8 if property is located on an NC or US route. (Amended 6/3/2013)
8. Accessory structures may be placed in the front yard, if at least 25ft from the front property line. For lots located
on NC and US highways, accessory structures may be placed in the front yard, if at least 40ft from the front property
line. (Added 6/3/2013)
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SECTION 72 - TABLE OF DIMENSIONAL REQUIREMENTS
(Amended 9/16/91, 2/1/93, 6/15/98, 1/07/02; 8/4/08; 9/6/16; 5/3/21)
Without Central
Water & Sewer
With Central
Water
With Central
Sewer
With Central
Water & Sewer
Planned Building
& Group
Minimum Lot Size
in Square Feet
43,560 20,000 15,000 6,000 8,000 sq. ft.
(see note #1)
Minimum Lot Width
in Feet
100 100 75 60 100
Minimum Front Yard
requirement
When property abuts
US/NC Highways (see
notes 2,5,6,7,8)
40* 40* 40* 40*
60
All other road types (see
note 2,5,6,7,8)
25* 25* 25* 25*
Minimum Side Yard
Requirement
(See Note 1,2,6,7,8)
20 15 10 8 15 feet
(see note #2)
Corner Lot Minimum Side
Yard Requirement
When property abuts US
or NC highway (See Note
4,6,8)
40* 40* 40* 40*
60*
Corner Lot Minimum Side
Yard Requirement
All other road types (See
Note 4,6,7)
25* 25* 25* 25*
Minimum Rear Yard (See
note 4,5,6,7,8)
25 25 15 10 25
Double Frontage Lots
Minimum Rear Yard
*(See Note 3,6,7,8)
50* 50 35 25 25
Building Heights 50** 50** 50** 50** 50**
* From right-of-way
** Structures for light or heavy industrial (LI or HI) uses not subject to height restrictions but must submit certification that
proposed building height meets the ability of local fire and rescue teams to serve the facility. Certification in the form of a
letter signed by the fire inspector. Uses not included in the Light or Heavy Industrial category exceeding 50 feet may apply
for a special permit for approval. The following uses are not controlled by the height limitation: belfries, spires,
cupolas, domes, monuments, observation towers, chimney, smokestacks, water towers, conveyors, flag poles, television and
radio masts, aerials, and towers.
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REVISED LANDSCAPING AND RIPARIAN BUFFERS (Text Amendment)
A. Purpose and Intent
To ensure compatible transitions between land uses, mitigate visual and environmental impacts, and protect public
health, safety, and welfare through the application of landscaping and buffering development standards.
Landscaping and riparian buffers shall be established at the earliest applicable stage of review, including
application, site plan, and subdivision, when proposed uses and densities can be reviewed for consistency with
this Ordinance.
B. Applicability
The standards of this Section apply to:
1. All new development in all zoning districts.
2. Any expansion of an existing building that increases gross floor area by more than 5,000 square feet or 25%,
whichever is less.
3. Any new or expanded parking, increase in impervious area or accessory use exceeding 2,000 square feet or
10% of its area, whichever is greater.
C. Exemptions
This Section does not apply to:
1. Bona fide farms.
2. Interior renovations that do not increase floor area.
D. Riparian Buffer
1) Development within the Neuse and Pamlico watershed are classified as Sensitive Natural Areas requiring site
plans to indicate:
a) 50’ riparian buffer adjacent to waterbodies and streams, consisting of:
• Zone 1 - 30’ undisturbed
• Zone 2 – 20’ vegetative
b) All development adjacent to streams and water bodies are required to get authorization from Department
of Environmental Quality as part of development review process.
2) Development within the Roanoke watershed, streams, and similar features:
a) Mayo Lake – subject to Person-Caswell Lake Authority Lease Area Guidelines below the 420’ contour.
b) Hyco Lake – subject to US Army Core of Engineers Final Environmental Impact Assessment (FEIS)
specifications below the 450’ contour.
c) All others – 50’ vegetative
E. Location of Landscaping Buffer
1. Within the outer perimeter of a lot and shall extend to the property boundary.
2. Shall not be located within public or private street rights-of-way.
3. May be located within common open space or separate tracts dedicated to landscape preservation.
F. Landscaping Buffer Types and General Standards
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Four types (A–D) are established to accommodate varying levels of land-use intensity and compatibility. Each type
specifies minimum area, plant density, and the combination of plant units and structural elements required to
achieve the standard.
1. Standards shall be calculated based on the minimum landscaping and planting area per 100 square feet.
2. Any combination of vegetation elements that meet or exceed the required total plant units is acceptable.
G. Types
A (Minimal)
For transitions between compatible or low intensity uses (e.g. Residential, single to multiple dwelling)
Standard Requirement
Minimum Width 10 – 20 feet
Plant Units per 100 Square Feet 20 to 30 units
Minimum Plant Composition Average 60/40 shrubs to trees
Allowed Structural Elements Fencing, berms, plant-structure combination
Typical Applications Residential, multi-family
B (Moderate Buffer)
For transitions between moderately different uses or intensities (e.g. Residential to Commercial)
Standard Requirement
Minimum Width 20 – 30 feet
Plant Units per 100 Square Feet 30 to 40 units
Minimum Plant Composition Average 50/50 shrubs to trees
Allowed Structural Elements Fencing (opaque/semi-opaque), berms, plant-structure combination
Typical Applications Low-intensity Commercial, Civil, Institutional, Government, etc.
C (Enhanced Buffer)
For transitions between clearly different land uses. (e.g. Commercial to Industrial)
Standard Requirement
Minimum Width 30 – 50 feet
Plant Units per 100 Square Feet 40 to 50 units
Minimum Plant Composition Average 40/60 shrubs to trees
Allowed Structural Elements Fencing (solid), landscaped walls
Typical Applications Commercial to Commercial, Industrial, Government, Office, etc.
D (Opaque/High-Intensity Buffer)
Maximum separation between high-impact and sensitive uses (e.g. Industrial to Industrial)
Standard Requirement
Minimum Width 80 – 100 feet
Plant Units per 100 Sq Ft 80 to 100 units
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Minimum Plant Composition Average 30/70 shrubs to trees
Allowed Structural Elements Fencing (solid), vegetative screens
Typical Applications Industrial and heavy commercial to all others
H. Special Cases and Considerations
1. Utility and Solar Conflicts
a) Small trees may replace large trees where overhead utilities exist.
b) Understory trees may replace canopy trees to preserve solar access.
2. Existing vegetation may count toward buffer requirements if it meets applicable standards.
3. Planting and Layout Requirements
a) Evergreen vegetation shall be clustered for long-term survival.
b) Where a masonry wall is used, a 5-ft planting strip on the high-intensity side shall contain at least 15% of
required plantings.
c) Landscaping areas shall be covered with grass or non-invasive groundcover
I. Special Circumstances Based on Adjacent Conditions
1. Adjacent Vacant or Later-Developed Land
a) If the buffer required for the developed site exceeds what will be required once the adjacent land
develops, the subsequent development may install 50% of the required buffer.
b) The first-developed parcel may reclaim buffer area if the combined buffer meets applicable
standards.
2. Plant Material and Structural Substitutions
a) Tree Substitutions
i. Type B and C: Evergreen trees may replace 100% of required deciduous trees of the same size
category.
ii. Type A:
• Evergreen trees may replace 50% of required deciduous large trees;
• Evergreen trees may replace all required deciduous small trees.
iii. Shrub Substitutions, Evergreen shrubs may replace deciduous shrubs without limitation.
iv. Structural Equivalents, Equivalent berms, walls, or fencing may be used where permitted by
Type.
3. Interstate or Railroad Adjacency
a) A 100-foot undisturbed buffer is required along property lines adjoining an Interstate or railroad
right-of-way regardless of buffer type.
b) If existing vegetation does not achieve Type D standards, supplemental plantings shall be added.
Exceptions:
I. A constructed public road between the site and corridor eliminates the buffer requirement.
II. Previously platted buffers count toward the Type D requirement.
III. No Type D buffer is required for existing recorded single-family plats without buffers.
IV. Passenger rail stations, platforms, and related facilities are exempt.
J. Use and Development Within Landscaping
1. General Restrictions
Landscaping shall remain free of development, impervious surfaces, and grading except as expressly
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permitted.
2. Fencing
Non-required fences may be installed if canopy trees are preserved and disturbance is minimized.
3. Utilities
a) New utility corridors are prohibited unless no reasonable alternative exists.
b) Crossings must be between 60°–90°.
c) Parallel utilities must be on the development side of the buffer for Types A, B, and C.
d) For Type D, utilities shall be placed as close to the property line as practicable.
e) No new landscaping is required adjacent to an existing unmodified utility easement, but existing
vegetative or structural screening must be preserved.
4. Prohibited Uses
Active recreation, playfields, pools, courts, storage, parking, and buildings are prohibited within required
landscaping.
K. Ownership and Maintenance of Landscaping
1. Residential Developments
Landscaping may be located within individual single-family lots and must be owned/maintained by
property owner and/or Home Owner Association or other approved entity.
2. Nonresidential and Multifamily Developments
Landscaping may be owned by the property owner or by an association responsible for long-term care.
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Appendix 2 – Additional Research and Resources
Examples of NC Counties with landscaping regulations in setback regulations into their Unified Development
Ordinances (UDO), which often specify requirements related to property setbacks. These rules typically focus on
screening, parking lot aesthetics, and stormwater management.
Examples of NC counties with such regulations include:
• Henderson County: Their code includes detailed "Landscape Design Standards" for parking lots, specifying
minimum areas for planting islands and requiring specific plant materials within them to count toward
requirements.
• Davie County: The county code allows for a reduction in commercial building setbacks if a specific
landscaped berm or a well-landscaped buffer is installed along the property line where the reduction is
requested.
• Iredell County: The county's landscaping and screening chapter requires trees and shrubs in or adjacent
to parking lots and near residential districts, often specifying minimum distances from property lines for
certain uses.
• Harnett County: The UDO defines "Type A buffer" requirements with minimum widths and planting
specifications (e.g., evergreen shrubs, fences, or berms) that apply to side and rear property lines,
particularly between differing land uses.
• Moore County: The county's general development standards include requirements for landscaping within
parking areas (e.g., minimum widths, tree and shrub quantities) and buffer types along property lines.
• Guilford County: Their code outlines various "Planting Yard Descriptions" (Type A, B, etc.) with associated
minimum widths and required densities to provide visual screening and separation between adjacent
uses.
• Orange County: Land use regulations touch upon screening requirements, such as those for certain
outdoor storage areas which must be located a minimum distance from property lines.
• Gaston County: The county's UDO includes chapters on landscaping, screening, and buffering that guide
development standards and can be found in their Municode library.
These regulations often define what kind of plant material is required (e.g., evergreen trees, shrubs), the density
of planting, and the minimum width of the landscaped area, ensuring that required landscaping is integrated into
or concurrent with the building setback yards.
Incorporating exemption to existing structures in setback to address non-conformities.
Explicitly including an exemption (often called a "grandfather clause") for existing structures would address and
largely prevent the creation of non-conformities related to those specific structures. In North Carolina, existing,
lawful development that doesn't meet new zoning standards is typically allowed to continue as a lawful
nonconformity (or "grandfathered" use). However, under the strict 2024 downzoning law (GS § 160D-601(d)),
the act of creating these new nonconformities through a change in the ordinance is what triggers the need for
property owner consent, particularly on non-residential land.
An express exemption in the new ordinance for existing structures would proactively prevent them from becoming
non-conforming in the first place, thereby removing the primary legal trigger for a downzoning challenge related
to those specific structures:
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• Avoids "Creation of Nonconformity": By specifically exempting current structures and site elements (like
existing patios or fences within the new buffer zone), the local government avoids officially classifying
them as "nonconforming site elements".
• Clarifies Continued Use: This exemption provides clear legal protection, allowing existing uses and
structures to continue without being subject to the new restrictions or the typical limitations placed on
nonconformities (e.g., restrictions on expansion or substantial repair).
• Focuses on New Development: The new landscaping and buffer requirements would then only apply
to new construction or significant redevelopment, which is standard practice in zoning law.
Incorporating an exemption for current structures is a crucial step to mitigate the impact of the new downzoning
laws.
SUPPLEMENTAL STAFF REPORT
Stress Test Assessment
Landscape and Buffer Text Amendment and Staff Report – Person County, North Carolina
EXECUTIVE SUMMARY
Purpose and Scope of Review
This Independent stress test assessment is prepared is prepared by Planning Director as
supplemental to staff report,. The report evaluates the proposed Landscape and Buffer Text
Amendment and Staff Report to the Person County Planning Ordinance under applicable statutory,
constitutional, scientific, administrative, and policy standards.
The analysis is conducted pursuant to:
• North Carolina General Statutes Chapter 160D, as amended by Session Law 2024-57
• Applicable North Carolina Supreme Court and Court of Appeals precedent
• The Person County & City of Roxboro Joint Comprehensive Land Use Plan
This report is drafted with the express assumption that it may be:
• Entered into the public record
• Relied upon by the Board of Commissioners in legislative decision-making
• Reviewed by the County Attorney
• Subject to discovery
• Evaluated by a court under declaratory judgment, certiorari, or constitutional challenge
• Summary of Proposed Amendment
The proposed Landscape and Buffer Text Amendment clarifies, modernizes, and standardizes
landscaping and buffer requirements applicable to new development and defined expansions in
Person County. The amendment is regulatory in nature and does not modify permitted uses, zoning
districts, density, or development entitlements.
Key features of the amendment include:
• Clarification of when landscaping and buffers are required
• Objective buffer measurement and landscaping standards
• Explicit exemptions for existing lawful development
• Preservation of vested rights and lawful nonconformities
• Clear administrative standards suitable for a small planning staff
Core Findings and Professional Conclusions
Based on a comprehensive review of statutory authority, constitutional standards, scientific
literature, adopted plans, and administrative capacity, the following conclusions are reached to a
reasonable degree of professional planning certainty:
SUPPLEMENTAL STAFF REPORT
1. Statutory Authority Exists
The staff report and amendment is authorized under NCGS §§160D Article 7.
2. The Amendment Does Not Constitute Downzoning
The amendment does not reduce permitted uses, does not reduce residential or nonresidential
density, and does not create new nonconformities. Accordingly, it does not meet the statutory
definition of downzoning under NCGS §160D-601(d).
3. Vested Rights and Lawful Nonconformities Are Preserved
Existing lawful uses, structures, and developments are expressly protected. The amendment
operates prospectively and includes clear savings clauses consistent with NCGS §160D-108
and long-standing North Carolina case law.
4. Scientific and Technical Support Is Strong
The staff report and Landscaping and buffer standards are supported by peer-reviewed science
and state agency guidance demonstrating their effectiveness in mitigating nonpoint source
pollution, reducing land-use conflicts, protecting infrastructure, and enhancing community
resilience.
5. No Material Adverse Economic Development Impact Identified
The amendment improves regulatory certainty, protects property values, and reduces long-term
public infrastructure costs. No material reduction in development capacity or economic
competitiveness is identified.
6. Administrative Implementation Is Feasible
The amendment is structured around objective, administrable standards that can be
implemented and enforced by a 2–3 person planning department without materially exceeding
current capacity.
Public Interest and Policy Judgment
From a policy perspective, the amendment represents a measured, proportional, and legally
conservative response to accelerating development pressure in a rural magnet county. It reflects
best practices in contemporary land-use regulation while respecting private property rights and
avoiding overreach. The amendment advances multiple articulated public interests, including:
• Environmental protection and watershed health
• Infrastructure protection and transportation system performance
• Land-use compatibility and conflict reduction
• Predictable and fair development regulation
• Long-term economic sustainability
Recommendation
Based on the findings and analysis contained herein, it is by professional recommendation that the
Person County Board of Commissioners adopt the proposed Landscape and Buffer Text
Amendment, subject to final County Attorney review and incorporation of the legislative findings
identified in this report.
SUPPLEMENTAL STAFF REPORT
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
I. BACKGROUND AND COUNTY CONTEXT .......................................................................... 1
A. County Growth Dynamics and Regional Position ................................................................. 1
B. Administrative and Institutional Context ............................................................................... 1
C. Existing Landscape and Buffer Provisions: Identified Issues ................................................ 1
D. Relationship to the Joint Comprehensive Land Use Plan ...................................................... 2
E. Context of Emerging State Legislation .................................................................................. 2
F. Purpose of the Amendment Within This Context................................................................... 3
II. JOINT COMPREHENSIVE LAND USE PLAN CONSISTENCY.......................................... 3
A. Relationship to Existing Dimensional Standards ................................................................... 3
B. Flexibility and Applicant Choice ........................................................................................... 3
C. Avoidance of Prescriptive Design Mandates ......................................................................... 3
D. Legislative Findings ............................................................................................................... 4
III. LEGAL AUTHORITY, RISK ASSESSMENT AND MITIGATION ..................................... 4
A. Source and Scope of County Authority ................................................................................. 4
1. General Police Power Authority ......................................................................................... 4
2. Environmental and Sensitive Area Authority ..................................................................... 5
B. Relationship to Session Law 2024-51 (“Helene Bill”) .......................................................... 5
1. Statutory Definition of Downzoning .................................................................................. 5
2. Why the Amendment Is Not Downzoning.......................................................................... 5
3. Risk Mitigation Measures Incorporated .............................................................................. 5
C. Vested Rights and Nonconformities ...................................................................................... 6
1. Statutory Framework .......................................................................................................... 6
2. Preservation in the Amendment .......................................................................................... 6
IV. SCIENTIFIC, TECHNICAL, AND EVIDENTIARY BASIS ................................................. 6
A. Standard of Review and Evidentiary Threshold .................................................................... 6
B. Nonpoint Source Pollution and Watershed Protection ........................................................... 6
SUPPLEMENTAL STAFF REPORT
1. Scientific Consensus ........................................................................................................... 6
2. Application to Person County ............................................................................................. 7
C. Buffers as Best Management Practice .................................................................................... 7
1. Effectiveness of Vegetated Buffers .................................................................................... 7
D. Transportation and Infrastructure Protection ......................................................................... 8
1. Stormwater and Right-of-Way Protection .......................................................................... 8
2. Rail and Corridor Safety Considerations ............................................................................ 8
F. Cumulative Impact Considerations......................................................................................... 8
G. Evidentiary Sufficiency for Legislative Action ..................................................................... 9
H. Regulatory Implications of Inaction ...................................................................................... 9
I. Findings of Fact – Scientific Basis .......................................................................................... 9
V. POLICY RATIONAL AND PUBLIC INTEREST ................................................................... 9
A. Advancement of Articulated Public Purposes ....................................................................... 9
B. Rural Character and Community Identity ............................................................................ 10
C. Economic Development Certainty and Fairness .................................................................. 10
D. Balancing Private Property Rights and Public Interest ........................................................ 10
E. Policy Judgment Reserved to the Board ............................................................................... 10
F. Legislative Determinations – Policy Basis ........................................................................... 10
VI. IMPLEMENTATION AND ADMINISTRATIVE CONSIDERATIONS ............................ 11
A. Applicability and Triggering Events .................................................................................... 11
B. Plan Review and Staff Workload ......................................................................................... 11
C. Enforcement and Compliance .............................................................................................. 11
D. Variances and Relief Mechanisms ....................................................................................... 11
E. Interdepartmental Coordination............................................................................................ 12
F. Capacity Gaps and Mitigation .............................................................................................. 12
VII. ECONOMIC DEVELOPMENT IMPACT ........................................................................... 12
VIII. TRANSPORTATION IMPACT .......................................................................................... 12
IX. PUBLIC INPUT ..................................................................................................................... 13
X. MISCONCEPTION COUNTERPOINTS ............................................................................... 13
SUPPLEMENTAL STAFF REPORT
XI. CONCLUSION AND RECOMMENDED ACTION ............................................................ 13
A. Summary of Findings ........................................................................................................... 13
B. Recommended ...................................................................................................................... 13
C. Final Professional Opinion ................................................................................................... 14
APPENDIX ................................................................................................................................... 15
I. Purpose and Intended Use of Appendix ................................................................................ 15
II. Statutory Authority ............................................................................................................... 15
III. Legislative Determinations ................................................................................................. 15
IV Findings of Fact ................................................................................................................... 15
V. Record-Building and Adoption ............................................................................................ 16
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I. BACKGROUND AND COUNTY CONTEXT
A. COUNTY GROWTH DYNAMICS AND REGIONAL POSITION
Person County occupies a strategic position within North Carolina’s Piedmont, functioning
increasingly as a rural magnet county rather than a static rural jurisdiction. Over the past decade,
the County has experienced heightened development pressure associated with regional and
statewide trends, including:
• Advancing large-scale infrastructure to support energy production and emerging
technologies, fostering growth in sectors that rely on high-capacity systems and
innovation-driven facilities
• Proximity-driven spillover growth from larger metropolitan regions
• Increased demand for residential subdivisions, mixed-use development, and rural lots
• Ongoing and anticipated investments in airport facilities and greenway infrastructure
These forces have altered the development context in which Person County’s Planning Ordinance
operates, creating conditions that are materially different from those present when many existing
development standards were adopted.
B. ADMINISTRATIVE AND INSTITUTIONAL CONTEXT
Person County operates its land-use regulatory program with a small professional planning staff,
generally consisting of approximately two to three positions responsible for:
• Zoning administration
• Subdivision review
• Ordinance interpretation
• Code enforcement
• Customer assistance
• Interdepartmental coordination
In such an environment, clarity, objectivity, and predictability in ordinance language are not
merely best practices; they are operational necessities. Ambiguous or internally inconsistent
standards increase:
• Staff workload
• Applicant confusion
• Discretionary risk
• Exposure to equal protection and due process claims
• Likelihood of inconsistent enforcement
The existing landscape and buffer provisions have been identified by staff, advisory boards, and
applicants as an area where such ambiguities exist.
C. EXISTING LANDSCAPE AND BUFFER PROVISIONS: IDENTIFIED ISSUES
Based on review of the existing ordinance and public input, the following recurring issues have
been observed:
1. Unclear Applicability Thresholds
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The current ordinance does not consistently distinguish between:
o New development
o Minor expansions
o Redevelopment of existing sites
This has led to inconsistent interpretations regarding when landscaping and buffers are
required.
2. Measurement and Placement Ambiguities
Existing provisions lack precision regarding:
o How buffer widths are measured
o Whether buffers must be located within setbacks or buildable areas
o How buffers interact with other dimensional standards
3. Insufficient Nonconformity Clarification
While the ordinance generally protects nonconformities, it does not clearly state that
existing lawful development is exempt from newly clarified landscape and buffer
standards, creating uncertainty for property owners.
4. Enforcement Challenges
Subjective or unclear standards complicate plan review and post-approval enforcement,
increasing the likelihood of disputes and appeals.
The proposed Landscape and Buffer text amendment clarifies these uncertainties by identifying
applicable thresholds, providing objective measurements, protecting property rights, and
establishing enforceable development standards.
D. RELATIONSHIP TO THE JOINT COMPREHENSIVE LAND USE PLAN
The Person County & City of Roxboro Joint Comprehensive Land Use Plan provides the primary
policy framework for evaluating land-use regulations. Relevant plan themes include:
• Preservation of rural character while accommodating growth
• Protection of natural resources, including streams, watersheds, and environmentally
sensitive areas
• Orderly and predictable development patterns
• Compatibility between land uses
• Efficient provision and protection of infrastructure
The proposed Landscape and Buffer Text Amendment directly implements these policies by
translating broad plan objectives into clear, enforceable development standards. Importantly, the
amendment does not introduce new land-use policy; rather, it operationalizes existing adopted
policy.
E. CONTEXT OF EMERGING STATE LEGISLATION
Recent legislative changes, including Session Law 2024-57 (often referred to as the “Helene Bill”),
have heightened scrutiny on local land-use regulation, particularly with respect to downzoning and
dimensional controls. This legislative environment requires counties to:
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• Clearly distinguish impact mitigation from use or density regulation
• Preserve vested rights and lawful nonconformities
• Avoid retroactive application of new standards
The proposed amendment has been drafted with this context in mind, emphasizing clarity,
prospectivity, and statutory compliance.
F. PURPOSE OF THE AMENDMENT WITHIN THIS CONTEXT
Viewed holistically, the Landscape and Buffer Text Amendment is a calibrated response to:
• Accelerating growth pressures
• Preserving rural character and environment resilience
• Identified ordinance deficiencies
• Limited administrative capacity
• Increased legal scrutiny of local land-use regulation
It is intended to reduce risk, improve implementation, and provide fair notice to property owners
while advancing legitimate public interests recognized in North Carolina law.
II. JOINT COMPREHENSIVE LAND USE PLAN CONSISTENCY
The Person County & City of Roxboro Joint Comprehensive Land Use Plan establishes policy
guidance emphasizing environmental stewardship, rural character preservation, infrastructure
coordination, and regulatory predictability. The staff report and proposed Landscape and Buffer
Text Amendment advances these policies by clarifying applicability thresholds, reducing
discretionary interpretation, and aligning standards with basin-wide water quality objectives.
A. RELATIONSHIP TO EXISTING DIMENSIONAL STANDARDS
The amendment operates entirely within existing setbacks and yard requirements established under
Sections 72 and 73 of the Planning Ordinance. Landscaping and buffers are treated as functional
uses of required development standards rather than additional regulatory burdens.
B. FLEXIBILITY AND APPLICANT CHOICE
The staff report and ordinance provides ranges and options rather than fixed mandates, allowing
site-specific design responses and voluntary written consent where applicable. This flexibility
enhances defensibility under evolving state law.
C. AVOIDANCE OF PRESCRIPTIVE DESIGN MANDATES
The amendment intentionally avoids:
• Mandatory plant species lists;
• HOA-style opaque screening requirements; and
• Mandatory CPTED design standards.
This restraint reduces administrative burden and legal exposure.
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D. LEGISLATIVE FINDINGS
Adoption is supported by findings that:
1. The amendment protects public health, safety, and welfare;
2. The amendment is supported by scientific evidence regarding water quality protection;
3. The amendment does not reduce permitted uses or density;
4. The amendment preserves vested rights and avoids nonconformities; and
5. The amendment enhances local control and regulatory certainty.
III. LEGAL AUTHORITY, RISK ASSESSMENT AND MITIGATION
NCGS §160D Article 7 grants counties broad authority to adopt zoning and development
regulations to promote the public health, safety, and welfare. North Carolina courts have long
recognized landscaping and buffering as valid exercises of local police power when reasonably
related to legitimate governmental objectives such as environmental protection, aesthetics, and
infrastructure preservation.
A. SOURCE AND SCOPE OF COUNTY AUTHORITY
North Carolina counties possess broad authority to regulate land development to protect public
health, safety, and welfare under NCGS §§ 153A-121, 160D-101,and 160D-702. This authority
expressly includes the regulation of:
• Development impacts;
• Watershed protection and surface water quality;
• Compatibility between land uses; and
• Design and dimensional standards related to site development.
Courts have consistently recognized that environmental protection, stormwater management, and
prevention of land-use conflicts constitute legitimate public purposes supporting zoning and
development regulation.
The proposed amendment is expressly drafted to avoid all three triggers. It does not modify zoning
districts, density standards, or use permissions, and it operates entirely within existing setback and
yard requirements, thereby avoiding the creation of new nonconformities.
1. General Police Power Authority
Person County derives its authority to regulate land development from, inter alia, NCGS §160D-
701, which grants counties the power to adopt zoning regulations:
“for the purpose of promoting health, safety, morals, or the general welfare of the community.”
North Carolina courts have consistently interpreted this grant of authority broadly, affording local
governments substantial discretion in determining what regulations are reasonably necessary to
advance legitimate public purposes, provided those regulations are not arbitrary, capricious, or
confiscatory.
Landscape and buffer regulations fall squarely within traditional exercises of the police power
when tied to:
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• Environmental protection
• Land-use compatibility
• Infrastructure protection
• Reduction of land-use conflicts
The proposed amendment operates within this established framework.
2. Environmental and Sensitive Area Authority
In addition to general zoning authority, NCGS §160D-920 et seq. expressly authorizes counties to
regulate development in environmentally sensitive areas, including watersheds and areas affecting
water quality.
B. RELATIONSHIP TO SESSION LAW 2024-51 (“HELENE BILL”)
1. Statutory Definition of Downzoning
NCGS §160D-601(d) restricts local governments from initiating downzoning without property
owner consent. The statute defines downzoning as:
• Reduction of development density
• Reduction of permitted uses
• Creation of any type of non-residential nonconformance
Importantly, the statute does not prohibit all dimensional or development standards, nor does it
preempt local authority to regulate impacts associated with development.
2. Why the Amendment Is Not Downzoning
The Landscape and Buffer Text Amendment does not:
• Reduce the number of dwelling units permitted per acre
• Remove or restrict any permitted uses
• Reduce floor area ratios or intensity metrics
• Rezone any property
• Create any nonresidential nonconformity
Instead, the amendment:
• Clarifies existing requirements
• Regulates how development occurs, not whether it may occur
• Operates within existing setbacks and zoning envelopes
3. Risk Mitigation Measures Incorporated
To further mitigate Helene Bill–related risk, the amendment includes:
• Explicit statements preserving vested rights
• Express exemptions for existing lawful development
• Prospective application language
These provisions are consistent with statutory intent and best practices emerging statewide in
response to NCGS §160D-601(d).
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C. VESTED RIGHTS AND NONCONFORMITIES
1. Statutory Framework
Vested rights in North Carolina are governed by NCGS §160D-108, which protects development
approvals and permits lawfully issued prior to ordinance changes. Lawful nonconformities are also
protected under longstanding constitutional and common-law principles.
2. Preservation in the Amendment
The amendment explicitly provides that:
• Existing lawful structures and uses are not rendered nonconforming
• Approved developments with vested rights may proceed under prior standards
• Minor modifications to existing sites do not trigger full compliance
This language is critical to:
• Avoid retroactive application
• Protect reliance interests
• Reduce exposure to inverse condemnation claims
IV. SCIENTIFIC, TECHNICAL, AND EVIDENTIARY BASIS
Peer-reviewed environmental literature consistently demonstrates that vegetated buffers reduce
sediment transport, nutrient loading, and stormwater velocity. Guidance from the North Carolina
Department of Environmental Quality emphasizes that such measures are most effective when
applied to new disturbance rather than retroactively imposed on existing development.
A. STANDARD OF REVIEW AND EVIDENTIARY THRESHOLD
As a threshold matter, it is important to state clearly what North Carolina law does and does not
require with respect to scientific evidence supporting land-use regulations. North Carolina courts
do not require local governments to prove:
• Actual environmental harm already occurring on a specific parcel, or
• That a regulation is the least restrictive possible alternative.
Instead, courts require that:
• The regulation be reasonably related to a legitimate public purpose, and
• The legislative body have a rational evidentiary basis for its determination.
Accordingly, the appropriate evidentiary standard is legislative reasonableness, not site-specific
proof.
B. NONPOINT SOURCE POLLUTION AND WATERSHED PROTECTION
1. Scientific Consensus
Peer-reviewed literature and state and federal agency guidance consistently identify nonpoint
source pollution as the leading cause of surface water impairment in North Carolina. Unlike point
sources, nonpoint pollution is diffuse and cumulative, originating from:
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• Land clearing
• Impervious surface runoff
• Construction activity
• Poorly buffered development
Buffers and vegetated landscape areas function as primary mitigation tools by:
• Reducing sediment transport
• Filtering nutrients (nitrogen and phosphorus)
• Moderating thermal impacts on streams
• Enhancing infiltration and groundwater recharge
This scientific consensus is well documented by:
• North Carolina Department of Environmental Quality (NCDEQ)
• U.S. Environmental Protection Agency (EPA)
• Peer-reviewed watershed management studies
Extensive scientific research conducted by the U.S. Environmental Protection Agency (EPA),
North Carolina DEQ, and academic institutions consistently demonstrates that non-point source
pollution—including sediment, nutrients, hydrocarbons, and pathogens—is the leading cause of
surface water impairment. Land-use patterns, impervious surface coverage, and riparian
disturbance are primary contributing factors.
2. Application to Person County
Person County lies within three river basins, Neuse, Tar and Roanoke, all serving as a drinking
water supply reservoir subject to nutrient sensitivity. While not all areas of the County are currently
impaired, watershed science emphasizes preventative regulation rather than reactive remediation.
Courts have recognized that local governments are not required to wait until degradation occurs
before acting. Preventative measures are well within police power authority.
Person County lies within the Falls, Tar-Pamlico, and Roanoke Watershed, as designated by the
Environmental Management Commission. Each watershed is subject to water-quality planning,
with the Falls being the most stringent.
Hyco Lake and Mayo Lake, along with associated tributaries, are critical regional water resources.
Available monitoring data and basin wide planning documents identify concerns related to:
• Nutrient enrichment and algal growth;
• Sedimentation from land disturbance;
• Shoreline erosion; and
• Increasing development pressure within contributing watersheds.
C. BUFFERS AS BEST MANAGEMENT PRACTICE
1. Effectiveness of Vegetated Buffers
Vegetated buffers are widely recognized as best management practices for mitigating development
impacts. Their effectiveness increases when buffers are:
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• Continuous
• Properly vegetated
• Adequately sized relative to development intensity
Scientific studies demonstrate that even modest buffers can:
• Remove significant percentages of sediment
• Reduce nutrient loading
• Improve downstream water quality
Peer-reviewed studies and state guidance recognize vegetated buffers and landscaped open areas
as effective best management practices that:
• Reduce nutrient and sediment loading;
• Stabilize streambanks and shorelines;
• Moderate stormwater runoff velocities;
• Improve habitat connectivity; and
• Enhance long-term water-quality resilience.
The proposed amendment reflects these principles without mandating rigid or prescriptive design
standards.
D. TRANSPORTATION AND INFRASTRUCTURE PROTECTION
1. Stormwater and Right-of-Way Protection
Unbuffered development adjacent to public rights-of-way increases:
• Runoff volumes
• Sedimentation in ditches and culverts
• Long-term maintenance costs
Landscaped areas adjacent to roads function as infrastructure protection zones, reducing public
expenditure and preserving system performance.
2. Rail and Corridor Safety Considerations
Buffers adjacent to rail corridors and major transportation facilities reduce:
• Safety conflicts
• Trespass risk
• Noise and vibration impacts
These considerations are routinely cited in transportation planning guidance and support the
reasonableness of corridor-adjacent buffer requirements.
F. CUMULATIVE IMPACT CONSIDERATIONS
A critical scientific principle underlying the amendment is cumulative impact. While a single
development may appear to have minimal effect, the cumulative impact of multiple unbuffered
developments can be substantial. North Carolina courts have acknowledged cumulative impact as
a valid planning consideration, particularly in environmental and infrastructure contexts.
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G. EVIDENTIARY SUFFICIENCY FOR LEGISLATIVE ACTION
Taken together, the following provide a sufficient evidentiary basis for adoption:
• State agency guidance (NCDEQ, DOT)
• Peer-reviewed environmental science
• Adopted watershed management principles
• Local planning experience and enforcement history
• Consistency with adopted comprehensive planning policy
This evidentiary record is more than adequate to satisfy rational basis review.
H. REGULATORY IMPLICATIONS OF INACTION
Experience with the Falls Lake Rules demonstrates that failure to implement local, preventative
measures can result in the imposition of state-mandated, inflexible regulations. Proactive local
standards reduce the likelihood that similar nutrient or buffer rules will be imposed in the Roanoke
River Basin.
I. FINDINGS OF FACT – SCIENTIFIC BASIS
The following findings are supported by the record:
1. Nonpoint source pollution is a leading cause of water impairment.
2. Vegetated buffers are effective mitigation tools.
3. Preventative regulation reduces long-term environmental and fiscal impacts.
4. Landscaping and buffers mitigate land-use conflicts and infrastructure impacts.
5. The amendment applies proportional standards tied to development impacts.
V. POLICY RATIONAL AND PUBLIC INTEREST
A. ADVANCEMENT OF ARTICULATED PUBLIC PURPOSES
The amendment advances multiple legitimate public purposes recognized under North Carolina
law, including:
1. Protection of Public Health and Safety
By reducing runoff, sedimentation, and nuisance conflicts, the amendment contributes to
healthier living environments.
2. Environmental Stewardship
Preventative buffer standards protect water quality and natural resources, consistent with
watershed-scale planning principles.
3. Infrastructure Preservation
Landscaping adjacent to roads, utilities, and corridors reduces public maintenance costs
and extends infrastructure lifespan.
4. Orderly Growth Management
Clear standards reduce uncertainty, promote orderly development patterns, and limit land-
use conflicts as growth accelerates.
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B. RURAL CHARACTER AND COMMUNITY IDENTITY
A central theme of the Joint Comprehensive Land Use Plan is preservation of rural character while
accommodating growth. Landscaping and buffers are among the least intrusive regulatory tools
available to achieve this objective.
Unlike use prohibitions or density reductions, buffers:
• Allow development to occur
• Shape its form and interface
• Preserve visual and environmental qualities valued by the community
This makes buffering an especially appropriate tool in rural-to-transitional contexts.
C. ECONOMIC DEVELOPMENT CERTAINTY AND FAIRNESS
Contrary to claims that landscape regulations inhibit development, experience across North
Carolina demonstrates that predictable, objective standards are generally preferred by the
development community over discretionary or uncertain processes.
The amendment:
• Reduces interpretive disputes
• Improves upfront clarity
• Provides consistent expectations
This predictability supports investment decisions and reduces transactional friction.
D. BALANCING PRIVATE PROPERTY RIGHTS AND PUBLIC INTEREST
The amendment reflects a measured balance between private property rights and public interests.
It does not prohibit development or eliminate reasonable economic use, but instead regulates the
manner in which development occurs.
E. POLICY JUDGMENT RESERVED TO THE BOARD
While this report provides professional analysis and recommendations, the ultimate policy
judgment rests with the Person County Board of Commissioners. Adoption of the amendment
represents a legislative determination that the benefits of clarified landscaping and buffer standards
outweigh potential burdens. This determination is entitled to judicial deference when supported by
a reasonable record.
F. LEGISLATIVE DETERMINATIONS – POLICY BASIS
The following determinations are reasonable and supported:
1. Clarified landscape and buffer standards serve the public interest.
2. Preventative regulation is preferable to reactive enforcement.
3. Objective standards improve fairness and efficiency.
4. The amendment appropriately balances growth and protection.
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VI. IMPLEMENTATION AND ADMINISTRATIVE CONSIDERATIONS
Person County operates with a small planning staff. The amendment relies on objective standards
and administrative determinations that are enforceable within existing staffing constraints.
Discretionary review mechanisms that would materially increase workload were intentionally
avoided.
A. APPLICABILITY AND TRIGGERING EVENTS
From an administrative standpoint, the effectiveness and defensibility of the amendment depend
heavily on clear applicability thresholds. The amendment is structured to apply only when
objectively defined triggering events occur, including:
• New principal structures
• Defined expansions beyond a specified percentage or footprint
• New site plan or subdivision approvals
By avoiding retroactive application and excluding routine maintenance or minor modifications,
the ordinance minimizes administrative burden and reduces conflict with property owners.
B. PLAN REVIEW AND STAFF WORKLOAD
For a planning department consisting of approximately 2–3 professional positions, the
amendment’s reliance on objective, measurable standards is critical. These include:
• Clearly defined buffer widths
• Prescribed planting or vegetative requirements
• Straightforward measurement methodologies
This structure allows staff to:
• Apply the ordinance consistently
• Reduce discretionary interpretation
• Minimize back-and-forth with applicants
The amendment is therefore administratively feasible without requiring additional staffing.
C. ENFORCEMENT AND COMPLIANCE
Clear standards improve enforcement by reducing ambiguity. When enforcement actions are
necessary, the County can rely on:
• Objective ordinance language
• Approved site plans
• Documented noncompliance
This reduces exposure to claims of selective enforcement or arbitrary action.
D. VARIANCES AND RELIEF MECHANISMS
The availability of variances under NCGS §160D-705(d) provides an additional layer of
constitutional protection. Property owners retain the ability to seek relief in cases of unnecessary
hardship, ensuring the ordinance is not confiscatory in application.
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E. INTERDEPARTMENTAL COORDINATION
Implementation will require limited coordination with:
• General Services/Public Works (drainage and right-of-way issues)
• Environmental Health (where applicable)
However, the amendment does not create new permitting layers or interagency approvals.
F. CAPACITY GAPS AND MITIGATION
No material capacity gaps are identified. If development volume increases substantially, the
County may consider:
• Standardized checklists
• Template site plan conditions
These measures further support efficient implementation.
VII. ECONOMIC DEVELOPMENT IMPACT
Finding: No Material Adverse Economic Impact Identified
The proposed amendment does not reduce permitted land uses or densities and does not impose
retroactive costs on existing development. Regulatory clarity and predictability are particularly
important for capital-intensive sectors such as energy and advanced manufacturing. Accordingly,
no material adverse economic development impact is identified.
The amendment does not reduce land supply, permitted uses, or development density. Instead, it
enhances predictability and compatibility, which are generally favorable to long-term economic
development.
Well-designed buffers:
• Protect property values
• Reduce land-use conflicts
• Lower long-term infrastructure maintenance costs
Accordingly, no material adverse economic development impact is identified.
VIII. TRANSPORTATION IMPACT
Finding: No Material Adverse Transportation Impact Identified
Landscape and buffer standards do not alter roadway capacity, access management requirements,
or multimodal planning objectives. The amendment therefore has no material transportation
impact.
The amendment supports transportation system performance by:
• Reducing runoff into rights-of-way
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• Preserving sight distance
• Protecting roadway infrastructure
No reduction in access, capacity, or mobility is identified. The impact is neutral to beneficial.
IX. PUBLIC INPUT
At the time of preparing this report, the Landscape and Buffer text amendment has completed the
following public review process:
• October 29, 2025 - initial publication on County Planning Board Agenda Center website
• November 13, 2025 – initially presented and discussed at Planning Board meeting
• November 27 and December 4, 2025 - notice issued for Planning Board Public Hearing
• December 11, 2025 – Planning Board Public Hearing
No members of the public attended the December 11 public hearing, and the item was continued
to the next meeting at the Board’s request. In response, staff prepared a detailed report addressing
all member concerns and incorporated the appropriate revisions into the proposed text amendment.
X. MISCONCEPTION COUNTERPOINTS
Misconception 1: “This is downzoning.”
Response: The amendment does not alter permitted uses or density and does not create any
nonconformities, and therefore does not meet the statutory definition of downzoning.
Misconception 2: “This targets rural landowners.”
Response: The ordinance applies uniformly and prospectively based on objective criteria.
Misconception 3: “There is no science behind buffers.”
Response: Extensive peer-reviewed and agency-supported science supports buffer effectiveness.
XI. CONCLUSION AND RECOMMENDED ACTION
A. SUMMARY OF FINDINGS
Based on the analysis contained in this report, the following conclusions are reached:
1. The Landscape and Buffer Text Amendment is authorized under NCGS Chapter 160D.
2. The amendment complies with Session Law 2024-57 and does not constitute
downzoning.
3. Vested rights and lawful nonconformities are preserved.
4. The amendment satisfies constitutional requirements of due process and takings law.
5. Scientific and technical evidence supports the regulation.
6. The amendment is administratively feasible and equitable.
B. RECOMMENDED ACTION
Adopt the Landscape and Buffer Text Amendment with the recommended refinements and
incorporate the attached Findings of Fact, Legislative Determinations, and Session Law 2024-57
Compliance Matrix by reference into the adoption ordinance.
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It is my professional recommendation that the Person County Board of Commissioners:
1. Adopt the Landscape and Buffer Text Amendment
2. Adopt express legislative findings consistent with this report
3. Incorporate this report by reference into the adoption record
4. Document County Attorney review
C. FINAL PROFESSIONAL OPINION
In my professional judgment, the proposed amendment represents a legally conservative,
scientifically grounded, and policy-appropriate response to Person County’s evolving
development context. Adoption will strengthen the County’s regulatory framework while
respecting private property rights and reducing long-term legal risk.
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APPENDIX
I. PURPOSE AND INTENDED USE OF APPENDIX
This Appendix is prepared to accompany the adoption of the Landscape and Buffer Text
Amendment to the Person County Planning Ordinance. It is intended to:
1. Serve as a legislative record supporting the Board of Commissioners’ decision
2. Be incorporated by reference into the adoption resolution
3. Provide a defensible evidentiary and legal foundation for judicial review
4. Address foreseeable constitutional and statutory challenges
This Appendix reflects legislative, not quasi-judicial, determinations and is reviewed under a
deferential rational basis standard.
II. STATUTORY AUTHORITY
The Board of Commissioners finds that it possesses authority to adopt the Landscape and Buffer
Text Amendment pursuant to NCGS §160D Article 7
The Board further finds that no state or federal statute preempts the County’s authority to adopt
landscape and buffer standards applicable to new development.
III. LEGISLATIVE DETERMINATIONS
The Board of Commissioners of Person County hereby determines that the Landscape and Buffer
Text Amendment is a legislative action adopted pursuant to the County’s police power under
NCGS Chapter 160D.
The Board further determines that the amendment advances the public health, safety, and general
welfare by mitigating environmental impacts of new development, protecting public infrastructure,
and preserving rural character.
The Board determines that the amendment is reasonable, proportional, and non-arbitrary, and that
it applies prospectively without impairing vested rights, creating nonconformities or reducing
permitted density or uses.
The Board finds that adoption of the amendment is consistent with the Person County & City of
Roxboro Joint Comprehensive Land Use Plan and supports long-term economic development
objectives.
The Board expressly determines that the amendment complies with NCGS §160D-601(d) and does
not constitute downzoning or a taking of private property.
IV FINDINGS OF FACT
1. Person County is experiencing increasing development pressure associated with regional
infrastructure, energy generation, and employment-related investment.
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2. Such development introduces cumulative environmental and infrastructure impacts not
fully mitigated through traditional subdivision controls.
3. Landscaping and buffering are recognized land development standards under North
Carolina law.
4. Vegetated buffers reduce sediment transport, nutrient loading, and stormwater runoff
velocity.
5. Peer-reviewed environmental science supports the effectiveness of vegetated buffers when
applied prospectively.
6. The Roanoke River Basin Plan identifies land disturbance as a contributor to water quality
degradation.
7. Local land-use controls are an appropriate complementary mechanism to state-
administered basin strategies.
8. The proposed amendment applies only to new development or substantial expansion.
9. Existing lawful development is expressly exempted.
10. The Staff Report addresses all issues identified by the Planning Board and public
11. The amendment preserves vested rights under NCGS §160D-108.
12. The amendment does not reduce permitted land uses.
13. The amendment does not reduce allowable density or intensity.
14. No existing parcel is rendered undevelopable by the amendment.
15. The amendment operates as a development standard, not a zoning reclassification.
16. The amendment advances adopted Comprehensive Plan policies.
17. The amendment improves regulatory clarity and predictability.
18. Clear standards reduce discretionary interpretation.
19. Predictability supports economic investment decisions.
20. The amendment reduces long-term public infrastructure costs.
21. The amendment supports preservation of rural character.
22. The amendment protects downstream water resources.
23. The amendment is proportional to development impacts.
24. The amendment is reasonable in scope and application.
25. The amendment is consistent with NCGS Chapter 160D.
26. The amendment serves a legitimate public purpose.
Based on the foregoing Findings of Fact, the Board of Commissioners makes the following
Legislative Determinations:
1. The Landscape and Buffer Text Amendment advances legitimate public purposes,
including protection of public health, safety, welfare, and environmental resources.
2. The amendment bears a rational relationship to those purposes.
3. The amendment represents a reasonable exercise of the County’s police power.
4. The amendment appropriately balances private property rights with the public interest.
5. The amendment is consistent with the Person County & City of Roxboro Joint
Comprehensive Land Use Plan.
V. RECORD-BUILDING AND ADOPTION
The Board incorporates by reference:
• Staff Reports and Staff Supplemental Report
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• Planning Board action
• Public notice materials
This Appendix is adopted as part of the legislative record supporting the ordinance.
PERSON COUNTY
PERSON COUNTY PLANNING BOARD MEETING MINUTES
Person County Office Building, Room 215
December 12th, 2025, 7:00 PM
CALL TO ORDER/DETERMINATION OF A QUORUM
ROLL CALL
Members Present: Vice Chair George, Member McFarland, Member James, Member Lynch,
Member Bradsher
Member Absent: Member Allen
Staff Present: Planner Michie Brandon Planning Technician and Board Recording Secretary
CONFLICT OF INTEREST AVOIDANCE REMINDER & DECLARATIONS
Member George requested items C 6, 7 and 8 be continued to following week.
Petition TA-15-25 – Amend the Variance standards to be in accordance with State Law NCGS 160D.
Planning Director re-presented the item reiterating that the standards were not being changed, only
simplified, consolidated, and in accordance with North Carolina General Statutes. He explained the
transparent public process used in arriving at the public hearing.
Public hearing was conducted. No members of the public present. Member Allen moved to
recommend BOC approve the item as discussed, seconded by Member James. The vote was 6-0.
Petition TA-16-25 – Amend the Planning Ordinance to Delete Section 150-2-(2.) – waiting period for
reapplications to be in accordance with State Law.
Planning Director re-presented the item with the text clarification. He explained the transparent public
process used in arriving at the public hearing.
Public hearing was conducted. There were no members of the public present. Member Lynch moved
to recommend BOC approve the item as discussed, seconded by Sherry Lester. The vote was 6-0.
Petition TA-17-25 – Amend the Planning Ordinance Section 72 Landscaping and Buffers.
Member Lynch expressed concern regarding the 420-foot contour line at Mayo Lake. The Planning Director
explained that this contour is administered by the Lake Authority, which regulates activities occurring
below that elevation.
Member George raised concerns about requiring buffers for all water bodies, noting that such requirements
could create confusion for stormwater control measures (SCMs). She also questioned the legality of
enforcing landscaping and buffer requirements within the Roanoke River watershed in light of the
Hurricane Helene legislation. The Planning Director explained the statutory authority of the North Carolina
Department of Environmental Quality (DEQ), citing the relevant state statutes that grant this authority, and
noted that other counties are currently implementing similar standards under existing state law.
Member Wagstaff expressed concern about the application of buffer and landscaping requirements to
residential properties and the potential impact on developable area. The Planning Director clarified that the
amendment does not alter allowable developable area, but instead provides clarification regarding setbacks
and district separation standards.
Member James voiced support for environmental protection, particularly the protection of rivers and
streams. She stated that the proposed text amendment is consistent with the adopted Comprehensive Land
Use Plan, which serves as guiding policy for the Planning Board. She further reminded the Board that staff
had been directed to prepare a Person County–specific ordinance and that staff had fulfilled that directive.
Member George requested that a statutory reference be added to subsection specifying that the General
Statutes require a 50-foot buffer. The Planning Director explained that the buffer requirement is derived
from the Falls Nutrient Management Rules, administered by DEQ under statutory authority and
implemented through the Upper Neuse River Basin Association (UNRBA).
Member George also expressed concern regarding item number two and the potential for litigation. The
Planning Director responded by noting that multiple comparable counties have implemented similar
landscaping and buffer standards in accordance with recent state statutes and that none of those ordinances
have been legally challenged.
Member James reiterated concerns related to flood prevention and protection of the northern portion of the
county and expressed support for retaining item number two. The Planning Director explained that while
southern Person County is already subject to stringent environmental regulations reflected in the Planning
Ordinance, staff is recommending comparable standards for other environmentally sensitive areas of the
county where such regulations do not currently exist.
Member Allen suggested a buffer configuration consisting of a 25-foot managed buffer and a 25-foot
unmanaged buffer. The Planning Director indicated that this recommendation would be included if the
Planning Board chose to advance the amendment.
Member Lynch requested clarification regarding the scientific basis for the 50-foot buffer requirement. The
Planning Director explained that the standard is supported by DEQ and UNRBA modeling, research, and
regulatory findings documented in published materials.
Member George asked whether documented environmental issues exist at Hyco Lake and Mayo Lake,
including concerns related to geese populations contributing to algae blooms, salmonella, cryptosporidium,
and increased phosphorus and nitrogen levels, and noted the role of trees in deterring geese. She also
referenced the Roanoke River as a drinking water source for Kerr Lake, Lake Gaston, and Smith Mountain
Lake.
Member Lynch requested additional research specific to the Roanoke River. The Planning Director offered
to return with additional information at a future meeting.
Members Wagstaff and George opposed the amendment and made a motion to deny the text amendment.
The motion resulted in a 3–3 tie vote.
Member George stated a preference for a more cautious and thorough approach at the outset to avoid future
regret. Members Lester and James emphasized the importance of being proactive in protecting the northern
portion of the county as development occurs.
Members Lynch, Allen, and Lester expressed a desire for additional research and made a motion for
approval with revisions. The motion resulted in a 3–3 tie vote.
Petition TA-18-25 – Amend the Planning Ordinance by moving Appendix A (Interpretations of
Terms and Definitions), Appendix B (Definitions), Appendix C (Permitted Use Table) and
Subdivision Regulations into the Ordinance.
Planning Director re-presented the item, illustrated the text clarification based on the table of
contents and the public process used in arriving at the public hearing.
The public hearing was conducted. There were no members of the public present. Robert Allen
moved to recommend BOC approve the item as discussed, seconded by Zakiya James. The vote
was 6-0.
Petition PB-11-25 – Amend the Planning Board Rules and Procedures
Planning Director re-presented the item. Members requested that public be allowed till the start of
the meeting to register to speak, similar to the Board of Commissioner meetings. The public
hearing was conducted. There were no members of the public present. Robert Allen moved to
recommend BOC approve the item as discussed, seconded by Zakiya James. The vote was 6-0.
APPROVAL OF MINUTES
OTHER BUSINESS AND ANNOUNCEMENTS
ADJOURNMENT
The meeting adjourned at 9: 23P.M.
___________________________________
Chair, Tabitha George
___________________________________
Recording Secretary, Michie Brandon
Planning Technician, Person County Planning and Zoning