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02-16-2026 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 February 12, 2025 7:00 P.M. A. CALL TO ORDER B. DETERMINATION OF QUORUM C. CONSIDERATION AND APPROVAL OF MINUTES 1. Minutes of December 11, 2025, and January 8, 2026 D. CONSIDERATION OF ADDITIONS TO THE AGENDA E. UNFINISHED BUSINESS 1. Public Hearing Petition TA-1-26 – Planning Ordinance - Consolidation. i. Action: Recommend Board of Commissioners Approve 2. Public Hearing Petition TA 2-26 – Planning Ordinance - Technical/Development Review Committee i. Action: Recommend Board of Commissioners Approve 3. Public Hearing Petition TA 3-26 – Planning Ordinance - Special Use Permit Standards i. Action: Recommend Board of Commissioners Approve 4. Planning Board Training i. Action: N/A F. HEARING ON CASES, IN THE ORDER THEY WERE RECEIVED G. ADJOURNMENT PERSON COUNTY PERSON COUNTY PLANNING BOARD MEETING MINUTES Person County Office Building, Room 215 December 11, 2025, 7:00 PM CALL TO ORDER/DETERMINATION OF A QUORUM ROLL CALL Members Present: Chair George, Member James, Member Lynch, Member Bradsher, Member Lester, Member Allen Member Absent: Member Mcfarland Staff Present: Planning Director Nish Trivedi, Planner Jay Jennings, 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 expressed concerns regarding the requirement of buffers for all water bodies, noting that such requirements could create confusion when applied in conjunction with stormwater control measures (SCMs). She also questioned the County’s legal authority to enforce landscaping and buffer requirements within the Roanoke River watershed in light of the Hurricane Helene legislation. The Planning Director responded that water bodies are already regulated under the Planning Ordinance and the Flood Damage Prevention Ordinance. He further explained the statutory authority of the North Carolina Department of Environmental Quality (DEQ), citing applicable state statutes that provide this authority, and noted that other counties are implementing comparable standards under existing state law, including in the context of Hurricane Helene. The proposed ordinance mirrors the standards adopted by neighboring counties and has been subject to similar legal review. Member Wagstaff raised concerns regarding the application of buffer and landscaping requirements to residential properties and the potential impact on developable area. The Planning Director clarified that the proposed amendment does not change residential standards or allowable developable area, but instead clarifies existing landscape and buffer provisions in the Planning Ordinance, with an emphasis on separation between properties. Member James voiced support for environmental protection, with particular emphasis on the preservation of rivers and streams. She stated that the proposed text amendment is consistent with the adopted Comprehensive Land Use Plan, which serves as the guiding policy framework for the Planning Board. She further reminded the Board that staff had been directed to prepare a Person County–specific ordinance and that this directive had been carried out. Member James noted that the amendment reflects local conditions and priorities rather than a generic or model approach. She also emphasized that aligning regulatory standards with adopted policy strengthens the County’s legal defensibility and provides clearer guidance for future development decisions. Member George requested that a statutory reference be added to the subsection identifying the 50-foot buffer requirement. The Planning Director explained that the buffer standard is derived from the Falls Nutrient Management Rules, which are administered by the North Carolina Department of Environmental Quality (DEQ) pursuant to statutory authority and implemented through the Upper Neuse River Basin Association (UNRBA). He further stated that the item would be brought back with additional documentation addressing the legal basis for the proposed text amendment, including the 50-foot best management practice standard and other scientific and statutory authorities authorizing North Carolina counties to adopt such requirements. Member George also expressed concern regarding the potential for litigation. The Planning Director responded that several comparable counties have adopted similar landscaping and buffer standards pursuant to recent state statutes and that, to date, none of those ordinances have been subject to legal challenge. He further stated that when the item is brought back for consideration, staff will include information on any instances in North Carolina where local landscaping or buffer requirements have been challenged through litigation. Member James reiterated concerns related to flood prevention and the protection of the northern portion of the county and expressed support for approving Item No. 2. She emphasized the importance of proactive measures to address flooding risks and safeguard natural resources in vulnerable areas. The Planning Director explained that southern Person County is already subject to more stringent environmental regulations reflected in the Planning Ordinance, largely due to existing watershed and floodplain requirements. He noted that staff is recommending comparable landscaping and buffer standards for other environmentally sensitive areas of the county where there is currently no protection to County water supply, in order to provide a more consistent and equitable regulatory framework countywide. 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. This would be documented further in updated staff material being brought back before the Planning Board. Member George asked whether documented environmental issues exist at Hyco Lake and Mayo Lake. Staff Brandon stated that the lakes had been closed for swimming due to 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 George raised concerns regarding the potential for litigation associated with the Hurricane Helene relief legislation and asserted that the proposed landscaping and buffer requirements could reduce overall developable area. The Planning Director reminded Board members that these concerns had been addressed previously and reiterated that the item would be brought back with additional supporting information. Member George further stated that the requirements would not be economically favorable. In response, the Planning Director explained that real estate market research has consistently demonstrated that landscaping and buffer standards often contribute to increased property values by enhancing aesthetics and providing clear physical separation between properties. He noted that this information would be documented and presented when the item is returned to the Planning Board for further consideration. 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. Member George raised a concern for the economic impact of requiring a vegetative buffer with the current lot size it would make the lots unusable. The Planning Director clarified that the proposed standards do not affect lot size, permitted use, or allowable developable area and further elaborated that the proposed buffer and landscaping standards are intended to function as design and screening requirements rather than land dedication or setback reductions. He emphasized that these standards are typically accommodated within required yards or perimeter areas and therefore do not diminish the number of buildable lots or the intensity of permitted development. He also noted that the clarification of “opaque” landscaping is meant to provide objective, enforceable criteria—such as planting density and year-round visual screening—thereby reducing ambiguity for applicants and staff alike. By referencing Hillsborough’s ordinance, the Planning Director explained that the County is relying on an established and legally vetted framework that has proven effective in balancing development flexibility with compatibility between adjoining properties. Ranges were provided to allow applicant and staff to negotiate and continue fully developing their property. 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. Member Lynch raised a concern towards limiting the time the applicant has to speak. Planning Director stated that the Chair had the discretion to extend the time by asking to and the board voting in agreement. Member George requested that public be allowed till the start of the meeting to register to speak Robert Allen moved to recommend BOC approve the item as discussed, seconded by Zakiya James. The vote was 6-0. Member George requested that the applicant being able to request a continuance be struck. Member George stated that the order that meetings needed to be held as call to order, determination of quorum, consideration of changes to the agenda, action items, then new business, discussion information items, then minutes and the adjournment. The Planning Director stated that the Planning Board does not have any new business. Members Allen made the motion and Member James seconded to approve the rules as amended. The Board voted and it passed 6:0 Member Wagstaff made a motion to not discuss the remaining items and move to minutes. Member Lynch seconded a vote was made and passed 6:0. APPROVAL OF MINUTES Member George opened the portion of the meeting on discussion of the minutes from 02/09/2023. Member Allen made a motion Member Lynch seconded. A vote was made and it passed 6:0. Member George stated on the second page, paragraph in the middle four lines down to change it to the offense of a flag lot was already existing on this parcel. Member George stated the last paragraph before the adjournment section to change it to if the UDO would RC district. A vote was made and it passed 6:0. Member George opened the portion of the meeting for approval onf the Nov 13th 2025 meeting. Member Lynch stated that on top of page 3 of 5, to change it to the Planning Board agreed to send TA-17- 25 to the Board of commissioners. Member Allen made a motion to approve the minutes as amended and Member James seconded. It passed 6:0 ADJOURNMENT Member Wagstaff motioned to adjourn and Member Lester seconded. The Board voted and it passed 6:0 The meeting adjourned at 9: 23 P.M. ___________________________________ Chair, Tabitha George ___________________________________ Recording Secretary, Michie Brandon Planning Technician, Person County Planning and Zoning PERSON COUNTY PERSON COUNTY PLANNING BOARD MEETING MINUTES Person County Office Building, Room 215 January 8th, 2026, 7:00 PM CALL TO ORDER/DETERMINATION OF A QUORUM ROLL CALL Members Present: Chair George, Member McFarland, Member James, Member Lynch, Member Bradsher, Vice Chair Allen, Member Lester Staff Present: Planning Director Nish Trivedi, Planner Jay Jennings, and Michie Brandon Planning Technician, and Board Recording Secretary CONFLICT OF INTEREST AVOIDANCE REMINDER & DECLARATIONS Member George reminded the Board of their duty to avoid conflicts of interest and to declare any conflicts should they exist. All members had no conflicts of interest to declare. NEW BUSINESS TA-19-2025 Member George opened the meeting for discussion of TA-19-2025. The Planning Director presented the item. Member Lynch noted a spelling error under the signage section and requested that the error in Section 123 be corrected. Member George offered several comments, each of which was addressed by staff. She was informed that future hard copies of the ordinance would be provided in black and white only. While this may make it more difficult to distinguish new text from existing text in printed versions, those distinctions will remain clearly identifiable in the digital version. Member George questioned how cross-references would function given the consolidation of multiple ordinances. The Planning Director explained that under a consolidated Planning Ordinance, the ordinance applies as a whole rather than as separate standalone components. He asked whether she preferred that each cross-reference list all applicable articles and sections, noting that doing so could result in lengthy references (e.g., Articles I, II, III; Sections X, Y, Z). He further explained that many sections already reference “this ordinance” and that this approach was used to standardize and clarify cross-references throughout the document. Member George requested that all articles be referenced to assist the public in understanding which provisions apply. She also requested consistent formatting throughout the document. She provided examples (e.g. page 28“Unmanned Public Utilities” should be Section 30, and the numbering should continue sequentially from page 29, page 31, subsection “C” should be converted to number “2,” and page 55, the document skips from Section 3, VI to Section C) The Planning Director stated that the document as presented reflects that intent and committed to conducting an additional review to ensure consistency, including section numbering and page numbering. Member Allen stated that retaining the existing numbering and lettering may not be necessary since this is a new document. The Planning Director suggested that, to save time, the members are welcome to provide planning staff a list of edits so staff could address all revisions collectively. Member Lynch asked whether this would cause any issues. Manager Cathey advised Board members to email their comments directly to staff. Planning Director requested that each member individually email staff or him separately so that the department could compile the list of edits. TA-20-25 The Planning Director presented the item. Member Wagstaff asked about the origin of the request for the text amendment. The Planning Director explained that the item is a continuation of work initiated by the previous Planning Director and that similar provisions had previously been included in the Unified Development Ordinance (UDO). He further noted that the amendment is informed by a review of prior records documenting discussions between the Planning Board and former staff. The Planning Director stated that the overall objective is to implement best practices that improve efficiency and communication in response to the increasing volume of permits. Member Allen asked who applicants currently contact when beginning the process. The Planning Director stated that the process is not codified and applicants may start with any department. If adopted, applicants would begin with Planning and Zoning, which would then direct them appropriately. Member Lester asked whether other departments would be educated on the new process. Staff member Brandon responded that the process has the support of other departments and that no opposition has been encountered to date. The Planning Director confirmed that the proposal has undergone legal review and has been approved as presented. He further explained that two interdepartmental workshops were conducted, during which issues raised by participating departments were addressed, resulting in consensus and support. In addition, he noted that a couple pilot meetings have already been held, including one involving three schools, where all development-related issues were successfully resolved in a single coordinated meeting. Member Wagstaff asked how departments would be involved in the process and how unnecessary participation would be avoided. The Planning Director explained that each department would have staff attend meetings either virtually or in person, with responsibility limited to enforcing regulations and requirements applicable to their respective departments. If a proposed project did not involve a particular department, that department would indicate “no comment.” He noted that this approach ensures interdepartmental coordination and shared awareness of project details, while providing applicants with clarity and assurance that no additional requirements or changes would be introduced outside the coordinated review process. Member Allen stated that the proposed process would help ensure all departments remain informed, regardless of whether direct involvement is required. Member Wagstaff commented that a Development Review Committee (DRC) or Technical Review Committee (TRC) does not require codification. The Planning Director responded that without codification, the process does not occur, it is only being done as a pilot using best practices as proposed in the previously discussed draft UDO. He explained that applicants would continue to navigate multiple departments independently, often receiving inconsistent information, which can prolong the approval process. He further noted that without formal codification, participation in the process would not be required, undermining the county’s efficiency. Member Lynch expressed support for the DRC/TRC and asked how the process would be applied. The Planning Director stated it would involve meetings with all departments like the pilot projects. Member Lynch asked whether applicants had been informed. The Planning Director stated that the process had been used successfully for three school projects, with some participants attending via TEAMS. By codifying it, we would be able to publish it as a formal process through website and other resources. Member Lynch asked whether there had been any public input. The Planning Director stated the item was posted and published for public review, and no comments had been received. He stated he would review prior UDO discussions. Member Lynch requested that the ordinance not limit virtual meetings to Microsoft Teams and asked whether the Board of Adjustment would be involved. She stated that the Board of Adjustment was not mentioned. Planning Director stated he would be sure to add Board of Adjustment and clarified that all meetings will have virtual options so everyone, especially he applicant could attend. We would always have an in-person venue for those who wish to attend in person. Prior pilot projects have proven successful. Member Allen asked when meetings would occur and when items would reach the Planning Board and Board of Commissioners. The Planning Director stated that some projects require public review and others do not, but all would go through the review process. The only applications Planning Board receives are Rezonings and text amendments. Planning Board does not see any by-right applications. Member Lynch asked whether this process would provide reviewing boards with more complete information. The Planning Director confirmed that for public projects the DAC memo would be included in Planning Board and Board of Commissioners packets. Member George asked whether a monthly two-hour meeting would be sufficient to review up to 50 applications. The Planning Director responded that not all applications would require committee review, noting that many applications are reviewed and approved administratively by staff. He explained that only applications requiring multi-departmental coordination—such as subdivisions and large-scale residential or commercial developments—would be scheduled for committee review. He further noted that participating departments would receive all relevant materials well in advance of the meeting and stated that, based on projects already processed through this informal approach, the process has proven to be both sufficient and highly effective for applicants and involved departments. Member Wagstaff expressed concern about staff availability. Staff Brandon stated that departments could designate representatives if necessary. The Planning Director elaborated that the proposed process is designed to be flexible and respectful of staff capacity. He explained that each department may designate an appropriate representative to participate, either in person or virtually, based on availability and subject-matter relevance. If a project does not implicate a department’s regulatory authority, that department may simply indicate “no comment,” with no further obligation. He noted that this approach minimizes unnecessary staff time while ensuring that required input is provided when applicable and that interdepartmental coordination remains consistent and predictable. Member George asked about meeting facilities. The Planning Director responded that meetings would be conducted virtually, with in-person participation available as previously described. She then asked how situations would be handled if an applicant was unable to attend a scheduled meeting. The Planning Director explained that meetings would be held on a regular basis and as frequently as necessary, consistent with the provisions outlined in the draft text amendment. The Planning Director further explained that the intent of offering virtual meetings, with an in-person option, is to maximize accessibility for both applicants and staff while minimizing scheduling constraints. He noted that the regular meeting schedule, combined with the ability to convene meetings as needed, provides sufficient flexibility to accommodate applicant availability. Member Allen stated that meetings would occur at least once per month, with additional meetings as needed. Member George agreed. Member George noted that in follow-up items E.5 and G, the language states the process is nonbinding but uses the term “shall.” She requested clarification to exclude pre-application meetings if that is the intent. Planning Director appreciated the comment and will present are revised version addressing it. TA-21-25 The Planning Director introduced the item. Member Allen asked whether the proposed changes would lengthen the special use permit process. The Planning Director stated it would not, but would strengthen the quasi-judicial process and provide clearer authority and conditions. It would help the Commissioners, by making their actions more defensible. Member George stated that the Board of Commissioners has the authority to impose conditions. The Planning Director responded that, while applicants may choose to reject imposed conditions, codifying the review and approval process helps limit that outcome by establishing clear, predictable standards. He explained that a codified framework strengthens the County’s position by providing consistent expectations and procedures, thereby reducing ambiguity and enhancing enforceability. The Planning Director further noted that this approach aligns with how other counties are addressing similar regulatory challenges and enables the County to manage complex or contentious situations more effectively. Member George expressed concern that listing specific conditions could imply that other uses are excluded. She requested language allowing similar conditions for all special uses. The Planning Director stated he would revise the language accordingly. Member George noted a contradiction on page three regarding bona fide farm uses. The Planning Director stated he would correct the language. TA-17-25 Member George stated that the Planning Ordinance approved during the previous month should likely have been forwarded to the Board of Commissioners. The Planning Director reminded the Board that members had requested additional analysis on specific issues—including the Hurricane Helene legislation, potential impacts on development, and clarification of consistency with state law—and had directed staff to bring the item back with further information before advancing it. He explained that, based on that direction, the item was intentionally retained at the Planning Board level pending additional clarification. Member Wagstaff stated his belief that the Board’s recommendation had been denial. The Planning Director clarified that two split votes had resulted in no decision by the Planning Board, meaning the Board neither approved nor denied the request. He further noted that although the public hearing had been closed, no clear directive was given other than to address identified concerns and return with additional information. The Planning Director stated that the minutes reflect those requests and confirmed that the item would be brought back for consideration at the next Planning Board meeting. OTHER BUSINESS AND ANNOUNCEMENTS The Planning Director requested that agenda packets be distributed one week prior to meetings to allow time for finalization. The Board agreed, provided the process remains timely. Member Wagstaff made a motion to approve the 2026 Planning Board meeting schedule. Member George seconded the motion. The motion passed unanimously, 6-0. MINUTES Member Lester requested that the December 11, 2025 minutes be corrected to reflect her presence. Member Lynch requested that Member George be listed as Chair rather than Vice Chair. Member McFarland requested to be marked absent. Member George requested more detailed minutes regarding UDO discussions, including her comments on buffer requirements not being economically feasible. She also stated that changes made by the Board to the Planning Board Rules and Procedures were not reflected. Member Wagstaff made a motion to table approval of the minutes until the next meeting to allow revisions in accordance with Robert’s Rules of Order. ADJOURNMENT Member Wagstaff made a motion. Member Mcfarland seconded. A vote was made and it passed 6:0. The meeting adjourned at 8:44 P.M. ___________________________________ Chair or Vice Chair ___________________________________ Recording Secretary, Michie Brandon Planning Technician, Person County Planning and Zoning PERSON COUNTY PLANNING AND ZONING DEPARTMENT 325 S. Morgan Street, Roxboro, North Carolina 27573 Item: E.1. Petition TA 1-26 I. Background On January 8, 2026, Planning Board discussed the proposed Text Amendment and provided the following guidance: • Rerun spell-check (e.g. Signs) and update Article, Section and Sub-Section numbering • Specify multiple cross references, do not use catch all “planning ordinance” as cross reference • Suggestion - All statutes need not be numbered • Review and clarify Definition sections formatting for consistency (e.g. caps, italics, or normal) Staff incorporated the requested revisions into the updated draft Text Amendment and provided a final redlined version of the consolidated Planning Ordinance (Attachment 1). No substantive or regulatory changes are proposed. III. Summary of Proposed Amendments • Following separate development regulations are now incorporated into the Planning Ordinance. – Flood Damage Prevention Ordinance – Solar Energy System Ordinance – Ordinance Regulating Sexually Oriented Businesses – Zoning Ordinance to Limit Height of Objects Around Person County Airport • This amendment has gone through the following public review process: – November 27, 2025 – initial publication on County Planning Board Packet – December 11, 2025 – initially meeting and continued to January – January 8, 2026 – Planning Board discussion, guidance provided to improve amendment – January 22, 2026 and February 5, 2026 - notice issued for Planning Board Public Hearing – February 12, 2026 – Planning Board Public Hearing 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 will reduce redundancy, improve accessibility, and enhance administrative efficiency. Staff recommendations: • Planning Board conduct Public Hearing • Recommend Board of Commissioners approve Text Amendment 1-26 V. Comprehensive Plan Consistency Person County Planning Ordinance, as well as NCGS § 160D-604 & § 160D-605, requires zoning map and ordinance amendments be consistent 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 the Public Hearing and recommend Board of Commissioners approved Text Amendment 1-26 VI. Submitted by Nishith Trivedi, Planning Director PERSON COUNTY PLANNING ORDINANCE PERSON COUNTY, NORTH CAROLINA v. January 5, 2026 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 (66) January 5, 2026 (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) TABLE OF CONTENTS ARTICLE PAGE I AUTHORITY AND PURPOSE ..........................................................................................4 II TITLE ..................................................................................................................................4 III INTERPRETATION OF TERMS AND DEFINITIONS IV DEFINITIONS V WATER SUPPLY WATERSHED PROTECTION REQUIREMENT (Section 30) ..........5 Section 30.7 Cluster Residential Developments ................................................................10 Section 31 Falls Watershed Stormwater Ordinance ........................................................17 VI BONA-FIDE FARM USES ...............................................................................................48 VII ESTABLISHMENT OF DISTRICTS (Section 70) ...........................................................49 VIII APPLICATION OF DISTRICT REGULATIONS (Section 80).......................................50 IX DISTRICT REGULATIONS (Section 90) ....................................................................... 52 Section 91 Table of Permitted Uses……………………………………………………...52 Section 92 Table of Dimensional Requirements ...............................................................53 Landscape Buffers ...........................................................................................54 Section 93 Setback Requirements (Notes)… .....................................................................55 Section 94 Cluster Development .......................................................................................56 X TABLE OF PERMITTED USES XI USE SPECIFIC REQUIREMENTS (Section 110) ...........................................................58 XII AIRPORT OVERLY DISTRICT REQUIREMENTS (Section 120) ................................62 XIII NONCONFORMING USES .............................................................................................65 XIV OFF-STREET PARKING AND LOADING (Section 140) ..............................................68 XV SIGNS ................................................................................................................................69 XVI ADMINISTRATIVE POWERS AND DUTIES (Section 160).........................................76 Section 161 Administration…………………………………………………..…………..76 Section 162 Approvals and Compliance……………………………………………….....77 Section 163 Enforcement and Penalties…………………………………………………..79 XVII SUBDIVISION REGULATIONS (Section 170) Section 171 Authority and Enactment Clause Section 172 Procedures for Review and Approval of Minor Subdivisions Section 173 Procedures for Review and Approval of Major Subdivisions Section 174 Resubdivision Procedures Section 175 Design Standards Section 176 Improvements and Installation of Permanent Reference Points Section 177 Administration XVIII DEVELOPMENT APPLICATION REVIEW PROCEDURES (Section 180)…….…....82 Section 181 General………………………………………………………………….…..82 Section 182 Cond. Use Permits and Special Use Districts Approved Prior to 5/3/21...…83 Section 183 Zoning Permits……………………………………………………………...83 Section 184 Amendments to the Zoning Map or Ordinances……………………………84 Section 185 CD-Rezonings…………………………………………………………….…86 Section 186 Special Use Permits……………………………………………….…………89 Section 187 Development Agreements…………………………………….……………..92 Section 188 Zoning Variances……………………………………………………………95 Section 189 Vested Rights………………………………………………………………..97 Section 190 Appeals…………………………………………………………………….100 XIX SEPARABILITY .............................................................................................................102 XX EFFECTIVE DATE…………………………………………………………………….102 Table of Contents ARTICLE I – AUTHORITY AND PURPOSE ......................................................................... 1 SECTION 11 – AUTHORITY ................................................................................................................. 1 SECTION 12 – PURPOSE .................................................................................................................... 1 ARTICLE II – TITLE ........................................................................................................... 1 ARTICLE III – WATER SUPPLY WATERSHED PROTECTION REQUIREMENTS .................. 19 SECTION 31 – ALL WATER SUPPLY WATERSHED PROTECTION .................................................................. 19 SECTION 32 – FALLS WATERSHED - STORMWATER ................................................................................ 30 SECTION 33 – FLOOD DAMAGE PREVENTION ....................................................................................... 57 ARTICLE IV - BONA FIDE FARMS ................................................................................... 93 ARTICLE V - ESTABLISHMENT OF DISTRICTS ................................................................. 94 SECTION 51 – INTERPRETATION OF DISTRICT BOUNDARIES ...................................................................... 94 ARTICLE VI – APPLICATION OF DISTRICT REGULATIONS .............................................. 95 SECTION 61 – GENERAL REGULATIONS ............................................................................................... 95 SECTION 62 – RESIDENTIAL DENSITY OPTIONS ...................................................................................... 96 ARTICLE VII – DISTRICT REGULATIONS ......................................................................... 98 SECTION 71 – DEFINITIONS .............................................................................................................. 99 SECTION 72 – TABLE OF PERMITTED USES ......................................................................................... 118 SECTION 73 – TABLE OF DIMENSIONAL REQUIREMENTS ........................................................................ 126 SECTION 74 – LANDSCAPE BUFFERS ................................................................................................. 127 SECTION 75 – SETBACK REQUIREMENTS ............................................................................................ 128 SECTION 76 – CLUSTER DEVELOPMENT ............................................................................................. 128 ARTICLE VIII – USE SPECIFIC REQUIREMENTS ............................................................ 138 SECTION 81 – SITE PLAN REQUIRED .................................................................................................... 138 SECTION 82 – SPEICAL USE PERMITS ................................................................................................ 141 SECTION 83 – HOME OCCUPATIONS ................................................................................................ 147 SECTION 84 – MANUFACTURED HOMES ........................................................................................... 148 SECTION 85 – ORDINANCE REGULATIONG SEXUALLY ORIENTED BUSINESSES .............................................. 152 SECTION 88 – SOLAR ENERGY SYSTEM ORDINANCE ............................................................................. 169 ARTICLE IX – AIRPORT OVERLAY DISTRICT REQUIREMENTS ...................................... 183 SECTION 91 – TO LIMIT HIGHT OF OBJECTS AROUND PERSON COUNTY AIRPORT ........................................ 183 SECTION 92 – AIRPORT OVERLAY NOISE EXPOSER DISTRICT ................................................................... 185 SECTION 93 – ZONING ORDINANCE TO LIMIT HEIGHT OF OBJECTS AROUND PERSON COUNTY AIRPORT ........... 186 ARTICLE X – NONCONFORMING USES ....................................................................... 197 SECTION 101 – INTENT ................................................................................................................. 197 SECTION 102 – CONTINUATION OF NONCONFORMING USES .................................................................. 197 SECTION 103 – REPAIRS AND MAINTENANCE ..................................................................................... 199 SECTION 104 – NONCONFORMING LOTS OF RECORD ........................................................................... 199 ARTICLE XI – OFF-STREET PARKING AND LOADING .................................................... 200 ARTICLE XII – SIGNS .................................................................................................... 202 SECTION 121 – PURPOSE AND SCOPE ............................................................................................... 202 SECTION 122 – SIGN COMPLIANCE .................................................................................................. 202 SECTION 123 – SIGNS EXEMPTED ...................................................................................................... 202 SECTION 124 – TEMPORARY SIGNS .................................................................................................. 203 SECTION 125 – ON-PREMISE SIGNS ................................................................................................. 204 ARTICLE XIII – ADMINISTRATIVE POWERS AND DUTIES ............................................. 210 SECTION 131 – ADMINISTRATION ................................................................................................... 210 SECTION 132 – APPROVALS AND COMPLIANCE ................................................................................... 211 SECTION 133 – ENFORCEMENT AND PENALTIES .................................................................................. 214 SECTION 134 – PLANNING BOARD .................................................................................................. 215 SECTION 135 – BOARD OF ADJUSTMENTS ......................................................................................... 216 ARTICLE XIV – SUBDIVISION REGULATIONS ............................................................... 217 SECTION 141 – SUBDIVISION TYPES ................................................................................................. 218 SECTION 142 – PROCEDURES FOR REVIEW AND APPROVAL OF MINOR SUBDIVISIONS .................................. 221 SECTION 143 – PROCEDURES FOR REVIEW AND APPROVAL OF MAJOR SUBDIVISIONS .................................. 222 SECTION 144 – SUBMISSION OF THE MAJOR CONSTRUCTION PLAT TO THE ZONING ADMINISTRATOR ............. 226 SECTION 145 – SUBMISSION OF THE MAJOR FINAL PLAT TO THE PLANNING AND ZONING ADMINISTRATOR .... 226 SECTION 146 – BONDING REQUIREMENTS ......................................................................................... 228 SECTION 147 – DESIGN STANDARDS ................................................................................................ 230 SECTION 148 – ADMINISTRATION ................................................................................................... 239 SECTION 149 – GLOSSARY ............................................................................................................. 243 ARTICLE XV – DEVELOPMENT APPLICATION REVIEW PROCEDURES .......................... 252 SECTION 151 – GENERAL .............................................................................................................. 252 SECTION 152 – CONDITIONAL USE PERMIT AND SPECIAL USE DISTRICTS ISSUED PRIOR TO 5/3/2021 ............. 254 SECTION 153 – ZONING PERMITS .................................................................................................... 254 SECTION 154 – ZONING MAP OR ORDINANCE AMENDMENTS ................................................................ 254 SECTION 155 – CONDITIONAL DISTRICT (CD) REZONINGS ..................................................................... 257 SECTION 156 – SPECIAL USE PERMITS .............................................................................................. 261 SECTION 157 – DEVELOPMENT AGREEMENTS ..................................................................................... 265 SECTION 158 – ZONING VARIANCES ................................................................................................ 269 SECTION 159 – VESTED RIGHTS ...................................................................................................... 272 SECTION 160 – APPEALS ............................................................................................................... 276 ARTICLE XVI - SEPARABILITY ....................................................................................... 277 ARTICLE XVII – EFFECTIVE DATE ................................................................................. 278 PERSON COUNTY DEPARTMENT OF PLANNING AND ZONING Roxboro, NC 27573 1 PERSON COUNTY PLANNING ORDINANCE ARTICLE 1 SECTION 10 - AUTHORITY AND ENACTMENT CLAUSE (Amended 5/3/21) ARTICLE I – AUTHORITY AND PURPOSE SECTION 11 – AUTHORITY (Amended 5/3/21) In pursuance of authority conferred by Sections 107, 109, 409, 702, 704, 705, 903, and 908 of Chapter 160D of the General Statutes of North Carolina as amended; THE BOARD OF COUNTY COMMISSIONERS OF PERSON COUNTY, NORTH CAROLINA DOES HEREBY ORDAIN AND ENACT INTO LAW THE FOLLOWING ARTICLES AND SECTIONS. SECTION 11 - PURPOSE 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. ARTICLE III - INTERPRETATION OF TERMS AND DEFINITIONS (MOVED TO ARTICLE VII) 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". 2 PERSON COUNTY PLANNING ORDINANCE 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. ARTICLE IV - DEFINITIONS MOVED TO ARTICLE VII) (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. 3 PERSON COUNTY PLANNING ORDINANCE APPROACH SURFACE - A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in Section IV of this Ordinance. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone. 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. 4 PERSON COUNTY PLANNING ORDINANCE BUFFER - Natural or vegetated area through which stormwater run-off flows in a diffuse manner so that the run-off does not become channelized and provided for infiltration of run-off and filtering of pollutants. The buffer is measured landward from the normal pool evaluation of impounded structures and from the bank of each side of perennial streams or rivers. The area shall be included in the calculation of minimum lot size required by this ordinance. BUILDING - Any structure used or intended for supporting or sheltering any use or occupancy (Amended 5/3/2021) BUILDING LINE - A line running parallel (as determined by the actual location of the building on the lot), with the front, side or rear of a building. (Amended 2-1-93) BUILT UPON AREA - That portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel areas (e.g. roads, parking lots, and paths), recreation facilities (e.g. tennis courts), etc. (Note: Wooden slatted decks and the water area of a swimming pool are considered pervious). (Amended 11/3/97) CAMPER/RECREATIONAL VEHICLE - A vehicular type unit designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are travel trailer, camping trailer, and truck camper and motor home. (Def. added 8/2/2010) CAMPER/RECREATIONAL VEHICLE PARK - Any site or tract of land upon which two or more recreational vehicles or tent spaces are provided for occupancy according to the requirements set forth in this ordinance. (Def. added 8/2/2010) CERTIFICATE OF OCCUPANCY - A statement signed by the Zoning Enforcement Officer setting forth that the building, structure, or use complies with the Planning Ordinance and any applicable construction codes, and that the same may be used for the purposes stated herein. COMMERCIAL MODULAR BUILDING - A manufactured building designed to be used as a multi- family dwelling unit (3 or more families) or as a commercial structure which has been constructed in and labeled indicating compliance with the North Carolina State Building Code. (Def. Added 5/5/97) CONDITIONAL ZONING – A legislative zoning map amendment with site-specific conditions incorporated into the zoning map amendment. (Added: 5/3/21) 5 PERSON COUNTY PLANNING ORDINANCE 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) 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 6 PERSON COUNTY PLANNING ORDINANCE 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) 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) 7 PERSON COUNTY PLANNING ORDINANCE 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. 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) 8 PERSON COUNTY PLANNING ORDINANCE 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. 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 9 PERSON COUNTY PLANNING ORDINANCE 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: a) Wastewater resulting from any process of industry or manufacture, or from the development of any natural resource; b) Wastewater resulting from processes of trade or business, including wastewater from laundromats and car washes, but not wastewater from restaurants; c) Stormwater will not be considered to be an industrial wastewater unless it is contaminated with industrial wastewater; or d) Wastewater discharged from a municipal wastewater treatment plant requiring a pretreatment program. INDUSTRIAL USE – 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 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 10 PERSON COUNTY PLANNING ORDINANCE 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: a) Bed & Breakfast – A home or lodge that provides overnight accommodations in up to eight individual rooms, with or without a meal (usually breakfast) served to guests, that is the permanent residence of the owner or manager of the business. This use may be permitted with a home occupation permit in any dwelling where the area of the guest rooms does not exceed 25% of the total heated floor area of the principle dwelling structure along with the other requirements for home occupations. b) Short-Term Rental – The rental of a complete dwelling unit, camper, or recreational vehicle, with no separate staff, office, or managerial front desk. Campers and recreational vehicles may only be located within an approved park. This use may occur in any dwelling unit or park without further permitting. 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. 11 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: a) The relaxation, by a factor greater than ten (10) percent of any requirement under the low density option; b) The relaxation, by a factor greater than five (5) percent, of any buffer, density or built-upon area requirement under the high density option; c) Any variation in the design, maintenance or operation requirements of a wet detention pond or other approved stormwater management system. (Amended 11/3/97) 12 PERSON COUNTY PLANNING ORDINANCE MINOR VARIANCE FROM STATE WATERSHED PROTECTION RULES - A variance from the minimum statewide watershed protection rules that results in a relaxation, by a factor of up to five (5) percent of any buffer, density, or built-upon area requirement under the high density option; or that results in a relaxation by a factor of up to ten (10) percent, of any management requirement under the low density option. MANUFACTURED HOME - A dwelling unit that (1) is not constructed in accordance with the standards set forth in the North Carolina State Building Code, and (2) is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis, and (3) exceeds forty (40) feet in length and eight (8) feet in width. MANUFACTURED HOME, CLASS A - A manufactured home that meets the following additional criteria: a) The structure is made up of two or more sections designed to be installed or assembled into one unit at the building site; b) The manufactured home has a length not exceeding four times its width, with length measured along the longest axis and width measured at the narrowest part of the other axis; and, c) The pitch of the roof of the manufactured home has a minimum vertical rise of two and two tenths (2.2) feet for each twelve (12) feet of horizontal run and the roof is finished with a type of shingle that is commonly used in standard residential construction. This definition includes typical "double-wide" manufactured homes and does not include modular housing as regulated by North Carolina State Building Code. (Rev. 5/5/97; 5/3/21) MANUFACTURED HOME, CLASS B - A manufactured home that does not satisfy all of the criteria necessary to qualify the house as a Class A manufactured home. A Class B manufactured home is typically a "single-wide" manufactured home but may also include a double-wide (or triple-wide) manufactured home that does not meet all the criteria to be classified as a Class A manufactured home. (Revised 5/5/97; 5/3/21) MOBILE HOME - An alternative term for a manufactured home. (Def. Added 5/5/97) MOBILE HOME PARK - Any lot upon which three (3) or more manufactured homes, occupied for dwelling or sleeping purposes, are located regardless of whether or not a charge is made for such accommodations. (Def. Added 5/5/97) 13 PERSON COUNTY PLANNING ORDINANCE 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) 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) 14 PERSON COUNTY PLANNING ORDINANCE OFF-PREMISE ADVERTISING SIGN - Any sign advertising a product, business, or activity, sold, located, or conducted elsewhere than on the premises on which the sign is located, or which a product, service, business, or activity is sold, located, or conducted on such premises only incidentally, if at all. (Def. Added 3/17/97) OFF-PREMISE DIRECTIONAL SIGNS - Any off-premise sign indicating the location of or directions to a business, religious place of worship or other activity. The sign shall not include any information or message except the name of the business or activity, and directions or symbols indicating directions. If a sign exceeds the maximum area it shall be construed as an off-premise advertising sign. (Def. Added 3/17/97) OFFICE – A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations. (Def. Added 12/6/99) OFFICES / PROFESSIONAL - Offices of accountants, appraisers, architects, attorneys, financial consultants, dentists, physicians, real estate agencies and similarly recognized professionals. (Amended February 2014) ON-PREMISE SIGN - Any sign or structure, pictorial or otherwise, regardless of size or shape, which directs attention to a business, profession, commodity, attraction, service, entertainment, idea, or concept conducted, offered, sold, manufactured, provided, or entertained at a location on the premises where the sign is located or to which it is affixed. (Def. added 3/17/97) 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. 15 PERSON COUNTY PLANNING ORDINANCE 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) 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. 16 PERSON COUNTY PLANNING ORDINANCE 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, ENCLOSED – Storage of goods and materials, household or commercial, inside a substantially enclosed building. This use includes self-storage rentable by individuals, as well as storage of materials for other purposes. (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. 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 17 PERSON COUNTY PLANNING ORDINANCE 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, 18 PERSON COUNTY PLANNING ORDINANCE docks, and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial boat storage areas are not water dependent structures. WATERSHED - The entire land contributing surface drainage to a specific point. WATER SUPPLY CLASSIFICATIONS - Classifications of Fresh Water Supplies for watersheds within Person County adopted by the Environmental Management Commission; definitions, as referenced in 15A NCAC 2B.0100 and .0200 as follows: a) Class WS-II, waters protected as water supplies which are generally in predominately underdeveloped watershed; point source discharges of treated waste water are permitted pursuant to Rules .0104 and .02ll of this Subchapter; local programs to control nonpoint sources and stormwater discharges of pollution area required; suitable of all Class C uses. b) Class WS-III, waters protected as water supplies which are generally in low to moderately developed watershed; point source discharges of treatment of treated waste water area permitted pursuant to Rules .0104 and .0211 of this Subchapter; local programs to control nonpoint sources and stormwater discharges of pollution area required; suitable for all Class C uses. c) WS-IV, water projected as water supplies which are generally in moderately to highly developed watershed; point source discharges of treated waste water are permitted pursuant to Rules .0l04 and .0211 of this Subchapter; local programs to control nonpoint sources and stormwater discharges of pollution area required; suitable for all Class C uses. d) Class C Uses, waters protected for secondary recreation, fishing, wildlife, fish and aquatic life propagation and survival, agriculture and other uses suitable for Class C. WINERY – A facility operated for the purpose of making wine. Associated with this process can include catering, lodging facilities, restaurants, live music venue, farm tours, winery tours, farmers market, petting zoo, corn maze, cheese processing, roasting of coffee and associated retail sales. (Added 11/1/2004) YARD - Any open space on the same lot with a building and unoccupied from the ground vertically except by trees, shrubbery, fences, open fire escapes, chimneys, flues, cornices, eaves and bay windows. (Amended 2/1/93) YARD, FRONT - A yard across lot, extending from the front building line to the front lot line or right- of-way. (Amended 2/1/93) 19 PERSON COUNTY PLANNING ORDINANCE YARD, REAR - A yard located behind the rear building line and extending to rear lot line or right-of- way. (Amended 2/1/93) YARD, SIDE - A yard between the side building line and side lot line or right-of-way, extending from the front building line to the rear building line. (Amended 2/1/93) ZONING ADMINISTRATOR - Planning Director (aka County Planner) or designated representative. ZONING PERMIT - A permit by the Person County Zoning Administrator or his authorized agents that a course of action to use or occupy a tract of land or a building or to erect, install, or alter a structure, building, or sign situated in the zoning jurisdiction of the County fully meets the requirements of this ordinance. ARTICLE V SECTION 30 - WATER SUPPLY WATERSHED PROTECTION REQUIREMENTS (Amended 2/15/2010; 5/3/21) ARTICLE III – WATER SUPPLY WATERSHED PROTECTION REQUIREMENTS (Amended 2/15/2010; 5/3/21) SECTION 31 – ALL WATER SUPPLY WATERSHED PROTECTION 31-1 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) 31-2 Application Criteria The Watershed Protection Overlay Districts, as established in Section 30-4, overlay other zoning districts established in Article VII, Section 70 of 1this 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 1 Article III, V, VI, VII, VIII, XIV 20 PERSON COUNTY PLANNING ORDINANCE 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) 31-3 Exemptions 30-3(a) Single Family Lot. A deeded single family lot owned by an individual, established prior to January 1, 1994, regardless of whether a vested right has been established, shall not be subject to the restrictions of this Article. Nothing in this ordinance shall be construed to require the recombination of nonconforming lots of record. 30-3(b) Existing Development. Existing development is not subject to the requirements of this Article. Existing developments include projects (structures, roads, etc.) that are built or at a minimum have established a vested right under North Carolina Zoning Law as of December 31, 1993, based on at least one of the following criteria: 1. (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. (2) Having an outstanding valid building permit in compliance with160D-102 and 100(d); or, (Rev. 5/3/21) 3. (3) Meeting the court-created common law or constitutional standards of substantial expenditure of resources (time, labor, or money) based on a good faith reliance upon receiving valid approval from the Person County Board of Commissioners to proceed with the project. 30-3(c) Redevelopment of Project Sites. An existing development, as defined in Article III, Section 30-3(b), 2this 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 Article III 3this ordinance. 30-3(d)Expansions of Existing or New Development. Expansions to existing development or new development are permitted as follows: 1. (1) Expansions to single-family residence built before January 1, 1994, are permitted without any restrictions from this ordinance Article III4; and 2. (2) Expansions to all other structures classified as existing development must meet the requirement of this ordinance Article III5, except, the built-upon area of the existing development is not required to be included in the density calculations; and 3. (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 2 Article III, V, VI, VII, VIII, XIV 3 Article III, V, VI, VII, VIII, XIV 4 Article III, V, VI, VII, VIII, XIV 5 Article III, V, VI, VII, VIII, XIV 21 PERSON COUNTY PLANNING ORDINANCE 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 Article III6. 31-4 Establishment of Watershed Overlay Districts Eight (8) watershed protection overlay districts are hereby established, as listed in Table 31- 4(a) land delineated on the "Official Person County Watershed Map", as adopted as referenced 6 Article III, V, VI, VII, VIII, XIV 22 PERSON COUNTY PLANNING ORDINANCE 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) TABLE 31-4(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 23 PERSON COUNTY PLANNING ORDINANCE 31-5 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) 31-6 Densith and Built Upon Limits ** All structures not exempted by Section 31-3, shall comply with density or built upon requirements listed in Table 31-6(a) or Table 31-6(b), as appropriate. DISTRICT TABLE 31-6(A) RESIDENTIAL DEVELOPMENT TABLE 31-6(B) NONRESIDENTIAL DEVELOPMENT Storys-Ca Hyco-Ca 1 du/2 ac or 6% built upon area. Up to 6% built upon area. Storys-Bw Hyco-Bw Knap-Bw Little-Bw 1 du/1 ac or 12% built upon area Up to 70% built upon area for all residential uses other than single family provided minimize built upon surface area, direct stormwater runoff away from surface waters and incorporate best management practices to minimize water quality impacts in 10% of the watershed. (amended 5/6/2002) Up to 24% built upon area. Up to 70% built upon area provided minimize built upon surface area, direct stormwater runoff away from surface waters and incorporate best management practices to minimize water quality impacts in 10% of the watershed. (amended 5/6/2002) Flat-Bw 1 du/.5 ac or 24% built upon area. Up to 70% built upon area for all residential uses other than single family provided minimize built upon surface area, direct stormwater runoff away from surface waters and incorporate best management practices to minimize water quality impacts in 10% of the watershed. (amended 5/6/2002) Up to 24% built upon area. Up to 70% built upon area provided minimize built upon surface area, direct stormwater runoff away from surface waters and incorporate best management practices to minimize water quality impacts in 10% of the watershed. (amended 5/6/2002) Tar-Pa 1 du/.5 ac or 24% built upon area.* 1 du/.33 ac or 36% built upon area allowed for projects without curb/ gutter*. Up to 24% built upon area*. Up to 36% built upon area for project without curb & gutter. Only new development activities that require an erosion and sedimentation plan under state law are required to meet the provisions of this ordinance when located in wsiv watershed. 24 PERSON COUNTY PLANNING ORDINANCE ∗∗ refer to article vii, table 75-table of dimensional requirements and this ordinance article iii, section 30-97. (Amended 11/3/97; 5/6/2002) 31-7 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. 30-7(a)Project Density. Overall project density does not exceed the requirements stated in this Article ordinance. 2. 30-7(b)Minimum Lot Requirement. Lots meet minimum requirements stated in this ordinance Article VII, Table 75 of the Planning Ordinance.8 3. 30-7(c)Open Space. The remainder of the tract shall remain in a vegetated or natural state. The owner or developer shall provide, through legally enforceable means, for the perpetual preservation of land as open space. Such mechanism shall be approved by the Zoning Administrator and may include, but shall not be limited to the recording of restrictive covenants or deeding of open space to the property owners' association. (Amended 11/3/97) 31-8 Buffer Areas Buffers adjacent to perennial waters and public supply impoundments shall be provided as follows: 1. 30-8(a)Perennial Waters. A minimum of a fifty (50) foot vegetative buffer, unless otherwise stated in this Articleordinance, 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”. 7 Article III, V, VI, VII, VIII, XIV 8 Article III, V, VI, VII, VIII, XIV 25 PERSON COUNTY PLANNING ORDINANCE Whenever conflicts exist between Federal, State or Local laws, ordinance or rules, the more restrictive provision shall apply. (Amended 2/15/2010) 2. 30-8(b)Public Water Supply Impoundments. A minimum fifty (50) foot buffer, as measured from the normal pool elevation, is required for all public water supply impoundments. 3. 30-8(c)Development within the Buffer area. No new development is allowed within the buffer. Water dependent structures, other structures, such as flag poles, signs and security lights which result in only diminutive increase in impervious area and public projects such as road crossing and greenways may be allowed where no practical alternative exists. These activities should minimize built upon surface area, divert runoff away from surface waters and maximize the utilization of BMP's. (Amended 11/3/97) 31-9 Waste Water and Sewage Disposal All residential, commercial, and industrial waste water and sewage disposal shall be governed by applicable NC General Statues. 31-10 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. 31-11 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 Article V, Sections 50-2(a), (b), (c), and (d) of 9the Planning Ordinance. (Amended 11/3/97) 31-12 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 9 Article III, V, VI, VII, VIII, XIV 26 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. 31-13 Administration 1. 30-13(A)Appeals Decisions of the Zoning Administrator in the implementation of this Article ordinance may be appealed to the Person County Board of Adjustment in accordance with Article XIV of 10this Ordinance. 2. 30-13(B)Variances (Amended 11/3/97, 8/4/25) a) (1)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 Article XIV of 11this Ordinance. i. (a)In addition to the notification requirements stated in Article XIV, Section 157-3 of 12this 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. (b)Local governments receiving notice of the variance request may submit comments to the Zoning Administrator prior to a decision by the Person County Board of Adjustment. iii. (c)Before the Board of Adjustment may grant a minor variance, it shall make the findings of fact required in Article XIV, Section 157-3 (b) or (c).13this ordinance. iv. (d)In accordance with Article XIV, Section 157-3 (d) of this Ordinance, the Board of Adjustment may prescribe appropriate conditions and safeguards to ensure that substantial justice has been done and that the public safety and welfare has been assured. v. Every decision of the Board of Adjustment shall be subject to review by the Superior Court of Person County as stated in Article XIV, Section 159-4e of 14this Ordinance. 10 Article XIII, XIV, XV 11 Article XIII, XIV, XV 12 Article XIII, XIV, XV 13 Article XIII, XIV, XV 14 Article XIII,XIV, XV 27 PERSON COUNTY PLANNING 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) (2)A request for a Major Variance from the State Watershed Protection Rules shall be reviewed by the Board of Adjustment in the same manner as a minor variance; and the request shall be referred to the North Carolina Environmental Management Commission in accordance with the following procedures: i. (a)If the Board of Adjustment decides in favor of granting the major variance, the secretary to the Board of Adjustment shall prepare a preliminary record of the hearing with all deliberate speed and send to the Environmental Management Commission. The preliminary record of the hearing shall include: the variance application; the hearing notices; the evidence presented, motions, offers of proof, objections to evidence, and rulings on them; proposed findings and exceptions; the proposed decision, including all proposed conditions. ii. (b)If the Environmental Management Commission approves the major variance as proposed, approves the major variance with additional conditions, or denies the major variance, the Commission shall prepare a decision and send it to the Board of Adjustment. iii. (c)The Board of Adjustment shall prepare a final decision in accordance with the Environmental Management Commission’s decision. 31-14 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)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. 28 PERSON COUNTY PLANNING ORDINANCE 2. (b)Parcel pairs being submitted for approval under this provision shall be submitted for development approval as a single unitary proposal. 3. (c)Sufficient information shall be submitted so that it may be determined that overall density of the paired parcel averaged density development, calculated either by dwelling units per acre or built-upon area, shall not exceed the density that would be allowed if the parcels were developed separately. The parcel pair shall be preferably in the same drainage area of the watershed. Parcels to be used in pairs may be located in the Balance of Watershed, Protected or Critical Areas. However, if one of the parcels is located in the Balance of Watershed or Critical Area and one is located in the Protected area, the Critical Area parcel shall not be developed. Density Averaging is not allowed between two parcels when both are in the Critical Area. 4. (d)Buffers shall at a minimum meet the appropriate minimum statewide water supply watershed protection requirements on both parcels in the parcel pair according to the density of development occurring on each parcel. 5. (e)Sufficient information shall be submitted so that it may be demonstrated that the parcels are designed to: a) (1)Minimize stormwater runoff impact to the receiving waters by minimizing concentrated stormwater flow b) (2)Maximize the use of sheet flow through vegetated areas c) (3)Minimize impervious surface areas d) (4)Locate development away from surface waters and drainage ways to the maximum extent practicable; and e) (5)Convey stormwater from developed areas by vegetated swales to the maximum extent practical. 6. (f)The undeveloped parcel(s) or portion(s) thereof shall remain in a vegetated or natural condition and shall be placed in a permanent conservation easement granted under G.S. 121- 35 to the County, a land conservation organization or other entity capable of providing for the ongoing maintenance of the undeveloped property. 7. (g)Applicants shall agree to bind themselves and their successors in title, individually and collectively, to maintain the pattern of development proposed for so long as the requirements of this section are applicable. Parties to enforcement of such agreement shall include Person County. No such agreement shall be accepted without approval of the County Attorney as to the legal sufficiency of the documents involved. 29 PERSON COUNTY PLANNING ORDINANCE 8. (h)Undeveloped land areas proposed for incorporation into the density or impervious coverage area calculations shall meet the following criteria: a) (1)Projects in the Balance of Watershed or Protected Area may incorporate undeveloped land elsewhere in the Balance of Watershed, Protected Area or Critical Area. The amount of additional undeveloped acreage required shall be determined by dividing the appropriate density or impervious coverage area factor into the number of dwelling units or impervious coverage area in excess of the amount permitted on the project site by these regulations to determine the amount of other land to be reserved as undeveloped so that the overall density or intensity of the project shall not exceed the density or intensity that would be allowed if the parcels were developed separately. b) (2) (Deleted 08/04/2003) c) (3)Undeveloped land included to meet the requirements of one project shall not be included as meeting the requirement of any existing or proposed project nor shall any land included in a parcel pair for which a watershed variance has been granted or would be required. d) (4)The preservation of undeveloped floodplain land, steep slopes, or other environmentally sensitive lands within the Critical Area for this purpose is encouraged. All such land shall be properly vegetated. 9. (i)The Planning Board sitting as the Watershed Review Board shall make written findings supported by appropriate calculations and documentation that the plan as a whole conforms to the intent and requirements of this section, and that the proposed agreement assures protection of the public interest and achievement of the objectives of this section. 10. (j)At the time of the issuance of the Zoning Permit, the Special Use Permit and conservation easement, shall be caused to be recorded by the Planning Director in the office of the Register of Deeds and filed with the offices of the Planning Director, Building Inspector and the City Clerk. Notations shall be made by the Planning Director on the official Zoning Map and the approved development plans and or plats for future guidance in administration and as a public record. 11. (k)The pattern of development and the agreement between the owners shall not be changed except by the issuance of a new or amended Special Use Permit in the manner herein established. 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 30 PERSON COUNTY PLANNING ORDINANCE intensity that would apply to the parcel if the paired-parcel averaged-density development option were not available. Paired Parcel Averaged Density Development A development proposal that includes a parcel pair meeting the development standards of this Section and that qualifies for local development approval under the density averaging provision of this ordinance. Undeveloped Parcel The parcel in a parcel pair that is not developed. (added 8/4/2003) PERSON COUNTY FALLS WATERSHED STORMWATER ORDINANCE FOR NEW DEVELOPMENT SECTION 31: GENERAL PROVISION (ADDED JULY 15, 2012; Amended 5/3/21) SECTION 32 – FALLS WATERSHED - STORMWATER Section 31:General Provision (Added July 15, 2012; Amended 5/3/21) 31-101 32-1 Title This ordinance shall be officially known as “The Falls Watershed Stormwater Ordinance for New Development.” It is referred to herein as “this ordinance.” 31-102 32-2 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). 31-103 32-3 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; 31 PERSON COUNTY PLANNING ORDINANCE These changes in stormwater runoff contribute to increased quantities of water-borne pollutants and alterations in hydrology that are harmful to public health and safety as well as to the natural environment; and, these effects can be managed and minimized by applying proper design and well-planned controls to manage stormwater runoff from development sites. Further, the Commission has identified Falls of Neuse reservoir, a water supply reservoir, as nutrient sensitive waters; has identified all or a portion of the reservoir as impaired waters under the federal Clean Water Act due to exceedances of the chlorophyll a standard; and has promulgated rules (the “Falls Rules”) to reduce the average annual loads of nitrogen and phosphorus delivered to Falls Reservoir from all point and nonpoint sources of these nutrients located within its watershed, including stormwater from new development in this jurisdiction; Therefore, the Person County Board of County Commissioner’s establishes this set of water quality and quantity regulations to meet the requirements of state and federal law regarding control of stormwater runoff and discharge for development. 31-104 32-4 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; 32 PERSON COUNTY PLANNING ORDINANCE 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. 31-105 32-5 Applicability and Jurisdiction 1. (A)General Beginning with and subsequent to its effective date, this ordinance shall be applicable to all development and redevelopment, including, but not limited to, site plan applications, subdivision applications, and grading applications, unless exempt pursuant to this ordinance. 2. (B)Exemptions Single-family and duplex residential and recreational development and redevelopment that cumulatively disturbs less than one-half acre and is not part of a larger common plan of development or sale is exempt from the provisions of this ordinance Commercial, industrial, institutional, multifamily residential or local government development and redevelopment that cumulatively disturbs less than 12,000 square feet and is not part of a larger common plan of development or sale is exempt from the provisions of this ordinance. Development and redevelopment that disturbs less than the above thresholds are not exempt if such activities are part of a larger common plan of development or sale and the larger common plan exceeds the relevant threshold, even though multiple, separate or distinct activities take place at different times on different schedules. Development that is exempt from permit requirements of Section 404 of the federal Clean Water Act as specified in 40 CFR 232 (primarily, ongoing farming and forestry activities) are exempt from the provisions of this ordinance. 3. (C)No Development or Redevelopment Until Compliance and Permit No development or redevelopment shall occur except in compliance with the provisions of this ordinance or unless exempted. No development or redevelopment for which a permit is 33 PERSON COUNTY PLANNING ORDINANCE required pursuant to this ordinance shall occur except in compliance with the provisions, conditions, and limitations of the permit. 4. (D)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. 31-106 32-6 Intrepretation 1. (A)Meaning and Intent All provisions, terms, phrases, and expressions contained in this ordinance shall be construed according to the general and specific purposes set forth in Section 104, Purpose. If a different or more specific meaning is given for a term defined elsewhere in Person County Planning Ordinance, the meaning and application of the term in this ordinance shall control for purposes of application of this ordinance. 2. (B)Text Controls in Event of Conflict In the event of a conflict or inconsistency between the text of this ordinance and any heading, caption, figure, illustration, table, or map, the text shall control. 3. (C)Authority for Interpretation The Stormwater Administrator has authority to determine the Interpretation of this ordinance. Any person may request an interpretation by submitting a written request to the Stormwater Administrator, who shall respond in writing within 30 days. The Stormwater Administrator shall keep on file a record of all written interpretations of this ordinance. 4. (D)References to Statutes, Regulations, and Documents Whenever reference is made to a resolution, ordinance, statute, regulation, manual (including the Design Manual), or document, it shall be construed as a reference to the most recent edition of such that has been finalized and published with due provision for notice and comment, unless otherwise specifically stated. 5. (E)Computation of Time The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, 34 PERSON COUNTY PLANNING ORDINANCE 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. (F)Delegation of Authority Any act authorized by this Ordinance to be carried out by the Stormwater Administrator of Person County may be carried out by his or her designee. 7. (G)Usage Mandatory and Discretionary Terms a) (1)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) (2)Conjunctions Unless the context clearly indicates the contrary, conjunctions shall be interpreted as follows: The word “and” indicates that all connected items, conditions, provisions and events apply. The word “or” indicates that one or more of the connected items, conditions, provisions or events apply. c) (3)Tense, Plurals, and Gender Words used in the present tense include the future tense. Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise. Words used in the masculine gender include the feminine gender, and vice versa. 8. (H)Measurement and Computation Lot area refers to the amount of horizontal land area contained inside the lot lines of a lot or site. 31-107 32-7 Design Manual 1. (A)Reference to Design Manual The Stormwater Administrator shall use the policy, criteria, and information, including technical specifications and standards, in the Design Manual as the basis for decisions about stormwater permits and about the design, implementation and performance of engineered stormwater controls and other practices for compliance with this ordinance. The Design Manual includes a list of acceptable stormwater treatment practices, including specific design criteria for each stormwater practice. Stormwater treatment practices that are designed, constructed, and maintained in accordance with these design and sizing criteria will be presumed to meet the minimum water quality performance standards of the Falls Rules. 35 PERSON COUNTY PLANNING ORDINANCE 2. (B)Relationship of Design Manual to Other Laws and Regulations If the specifications or guidelines of the Design Manual are more restrictive or apply a higher standard than other laws or regulations, that fact shall not prevent application of the specifications or guidelines in the Design Manual. 3. (C)Changes to Standards and Specifications If the standards, specifications, guidelines, policies, criteria, or other information in the Design Manual are amended subsequent to the submittal of an application for approval pursuant to this ordinance but prior to approval, the new information shall control and shall be utilized in reviewing the application and in implementing this ordinance with regard to the application. 31-108 32-8 Relationship to other laws, regulations and private agreements 1. (A)Conflict of Laws This ordinance is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation or other provision of law. Where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human or environmental health, safety, and welfare shall control. 2. (B)Private Agreements This ordinance is not intended to revoke or repeal any easement, covenant, or other private agreement. However, where the regulations of this ordinance are more restrictive or impose higher standards or requirements than such an easement, covenant, or other private agreement, the requirements of this ordinance shall govern. Nothing in this ordinance shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not legitimize any failure to comply with this ordinance. In no case shall Person County be obligated to enforce the provisions of any easements, covenants, or agreements between private parties. 31-109 32-9 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. 31-110 31-10 Effective Date and Transtional Provisions 1. (A)Effective Date 36 PERSON COUNTY PLANNING ORDINANCE This Ordinance shall take effect on July 15, 2012. 2. (B)Final Approvals, Complete Applications All development and redevelopment projects for which complete and full applications were submitted and approved by Person County prior to the effective date of this ordinance and which remain valid, unexpired, unrevoked and not otherwise terminated at the time of development shall be exempt from complying with all provisions of this ordinance dealing with the control and/or management of stormwater. A site specific vesting plan (formerly phased development plan shall be deemed approved prior to the effective date of this ordinance if it has been approved by all necessary government units, it remains valid, unexpired, unrevoked and not otherwise terminated, and it shows: a) 1.For the initial or first phase of development or redevelopment, the type and intensity of use for a specific parcel or parcels, including at a minimum, the boundaries of the project and a subdivision plan that has been approved. b) 2.For any subsequent phase of development or redevelopment, sufficient detail so that implementation of the requirements of this ordinance to that phase of development would require a material change in that phase of the plan. 3. (C)Violations Continue Any violation of provisions existing on the effective date of this ordinance shall continue to be a violation under this ordinance and be subject to penalties and enforcement under this ordinance unless the use, development, construction, or other activity complies with the provisions of this ordinance. SECTION 31-2 32-11 Administration and Procedures 31-201Review and Decision-Making Entities 1. (A)Stormwater Administrator a) (1)Designation A Stormwater Administrator shall be designated by Person County Board of County Commissioners to administer and enforce this ordinance. b) (2)Powers and Duties In addition to the powers and duties that may be conferred by other provisions of Person County and other laws, the Stormwater Administrator shall have the following powers and duties under this ordinance: i. a.To review and approve, approve with conditions, or disapprove applications for approval of plans pursuant to this ordinance. 37 PERSON COUNTY PLANNING ORDINANCE ii. b.To make determinations and render interpretations of this ordinance. iii. c.To establish application requirements and schedules for submittal and review of applications and appeals, to review and make recommendations to the Person County Board of County Commissioners on applications for development or redevelopment approvals. iv. d.To enforce the provisions of this ordinance in accordance with its enforcement provisions. v. e.To maintain records, maps, forms and other official materials as relate to the adoption, amendment, enforcement, and administration of this ordinance. vi. f.To provide expertise and technical assistance to the Person County Board of County Commissioners and the Person County Board of Adjustment upon request. vii. g.To designate appropriate other person(s) who shall carry out the powers and duties of the Stormwater Administrator. viii. h.To take any other action necessary to administer the provisions of this ordinance. 31-202Review Procedures 1. (A)Permit Required; Must Apply for Permit A stormwater permit is required for all development and redevelopment unless exempt pursuant to this ordinance. A permit may only be issued subsequent to a properly submitted and reviewed permit application, pursuant to this section. 2. (B)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. (C)Authority to File Applications 38 PERSON COUNTY PLANNING ORDINANCE 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. (D)Establishment of Application Requirements, Schedule, and Fees a) (1)Application Contents and Form The Stormwater Administrator shall establish requirements for the content and form of all applications and shall amend and update those requirements from time to time. At a minimum, the stormwater permit application shall describe in detail how post- development stormwater runoff will be controlled and managed, the design of all stormwater facilities and practices, and how the proposed project will meet the requirements of this ordinance. b) (2)Submission Schedule The Stormwater Administrator shall establish a submission schedule for applications. The schedule shall establish deadlines by which complete applications must be submitted for the purpose of ensuring that there is adequate time to review applications, and that the various stages in the review process are accommodated. c) (3)Permit Review Fees The Person County Board of County Commissioners shall establish permit review fees as well as policies regarding refund of any fees upon withdrawal of an application, and may amend and update the fees and policies from time to time. d) (4)Administrative Manual For applications required under this Code, the Stormwater Administrator shall compile the application requirements, submission schedule, fee schedule, a copy of this ordinance, and information on how and where to obtain the Design Manual in an Administrative Manual, which shall be made available to the public. 5. (E)Submittal of Complete Application Applications shall be submitted to the Stormwater Administrator pursuant to the application submittal schedule in the form established by the Stormwater Administrator, along with the appropriate fee established pursuant to this section. An application shall be considered as timely submitted only when it contains all elements of a complete application pursuant to this ordinance, along with the appropriate fee. If the Stormwater Administrator finds that an application is incomplete, the applicant shall be notified of the deficient elements and shall be provided with an opportunity to submit a complete application. However, the submittal of an incomplete application shall not suffice to meet a deadline contained in the submission schedule established above. 6. (F)Review 39 PERSON COUNTY PLANNING ORDINANCE The Stormwater Administrator shall review the application and determine whether the application complies with the standards of this ordinance. a) (1)Approval If the Stormwater Administrator finds that the application complies with the standards of this ordinance, the Stormwater Administrator shall approve the application. The Stormwater Administrator may impose conditions of approval as needed to ensure compliance with this ordinance. The conditions shall be included as part of the approval. b) (2)Fails to Comply If the Stormwater Administrator finds that the application fails to comply with the standards of this ordinance, the Stormwater Administrator shall notify the applicant and shall indicate how the application fails to comply. The applicant shall have an opportunity to submit a revised application. c) (3)Revision and Subsequent Review A complete revised application shall be reviewed by the Stormwater Administrator after its re-submittal and shall be approved, approved with conditions or disapproved. If a revised application is not re-submitted within thirty (30) calendar days from the date the applicant was notified, the application shall be considered withdrawn, and a new submittal for the same or substantially the same project shall be required along with the appropriate fee for a new submittal. One re-submittal of a revised application may be submitted without payment of an additional permit review fee. Any re-submittal after the first re-submittal shall be accompanied by a permit review fee additional fee, as established pursuant to this ordinance. 31-203Applications for Approval 1. (A)Concept Plan and Consultation Meeting Before a stormwater management permit application is deemed complete, the Stormwater Administrator or developer may request a consultation on a concept plan for the post- construction stormwater management system to be utilized in the proposed development project. This consultation meeting should take place at the time of the preliminary plan of subdivision or other early step in the development process. The purpose of this meeting is to discuss the stormwater management measures necessary for the proposed project, as well as to discuss and assess constraints, opportunities and potential approaches to stormwater management designs before formal site design engineering is commenced. Local watershed plans, and other relevant resource protection plans should be consulted in the discussion of the concept plan. 40 PERSON COUNTY PLANNING ORDINANCE To accomplish this goal, the following information should be included in the concept plan, which should be submitted in advance of the meeting: a) (1)Existing Conditions / Proposed Site Plans Existing conditions and proposed site layout sketch plans, which illustrate at a minimum: existing and proposed topography; perennial and intermittent streams; mapping of predominant soils from soil surveys (if available); stream and other buffers and features used in designing buffers and meeting any applicable buffer requirements; boundaries of existing predominant vegetation; proposed limits of clearing and grading; and location of existing and proposed roads, buildings, parking areas and other impervious surfaces. b) (2)Natural Resources Inventory A written or graphic inventory of natural resources at the site and surrounding area as it exists prior to the commencement of the project. This description should include a discussion of soil conditions, forest cover, geologic features, topography, wetlands, and native vegetative areas on the site, as well as the location and boundaries of other natural feature protection and conservation areas such as lakes, ponds, floodplains, stream buffers and other setbacks (e.g., drinking water well setbacks, septic setbacks, etc.). Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development and stormwater management. c) (3)Stormwater Management System Concept Plan A written or graphic concept plan of the proposed post-development stormwater management system including: preliminary selection and location of proposed engineered stormwater controls; low-impact design elements; location of existing and proposed conveyance systems such as grass channels, swales, and storm drains; flow paths; location of floodplain/floodway limits; relationship of site to upstream and downstream properties and drainages; and preliminary location of any proposed stream channel modifications, such as bridge or culvert crossings. 2. (B)Stormwater Management Permit Application The stormwater management permit application shall detail how post-development stormwater runoff will be controlled and managed and how the proposed project will meet the requirements of this ordinance, including Section 3, Standards. All such plans shall be prepared by a qualified registered North Carolina professional engineer, surveyor, soil scientist or landscape architect, and the engineer, surveyor, soil scientist or landscape architect shall perform services only in their area of competence, and shall verify that the design of all stormwater management facilities and practices meets the submittal requirements for complete applications, that the designs and plans are sufficient to comply with applicable standards and policies found in the Design Manual, and that the designs and plans ensure compliance with this ordinance. 41 PERSON COUNTY PLANNING 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) 15this ordinance. 3. (C)As-Built Plans and Final Approval Upon completion of a project, and before a certificate of occupancy shall be granted, the applicant shall certify that the completed project is in accordance with the approved stormwater management plans and designs, and shall submit actual “as-built” plans for all stormwater management facilities or practices after final construction is completed. The plans shall show the final design specifications for all stormwater management facilities and practices and the field location, size, depth, and planted vegetation of all measures, controls, and devices, as installed. The designer of the stormwater management measures and plans shall certify, under seal, that the as-built stormwater measures, controls, and devices are in compliance with the approved stormwater management plans and designs and with the requirements of this ordinance. A final inspection and approval by the Stormwater Administrator shall occur before the release of any performance securities. 4. (D)Other Permits No certificate of compliance or occupancy shall be issued by the Person County Department of Inspections without final as-built plans and a final inspection and approval by the Stormwater Administrator, except where multiple units are served by the stormwater practice or facilities, in which case the Person County Building Inspections Department may elect to withhold a percentage of permits or certificates of occupancy until as-built plans are submitted and final inspection and approval has occurred. 31-204Approvals 1. (A)Effect of Approval Approval authorizes the applicant to go forward with only the specific plans and activities authorized in the permit. The approval shall not be construed to exempt the applicant from obtaining other applicable approvals from local, state, and federal authorities. 2. (B)Time Limit/Expiration An approved plan shall become null and void if the applicant fails to make substantial progress on the site within one year after the date of approval. The Stormwater Administrator may grant a single, one-year extension of this time limit, for good cause shown, upon receiving a written request from the applicant before the expiration of the approved plan. In granting an extension, the Stormwater Administrator may require compliance with standards adopted since the original application was submitted unless there has been substantial reliance on the original permit and the change in standards would infringe the applicant’s vested rights. 15 Article XIII, XIV, XV 42 PERSON COUNTY PLANNING ORDINANCE 31-205Appeals 1. (A)Right of Appeal Any aggrieved person affected by any decision, order, requirement, or determination relating to the interpretation or application of this ordinance made by the Stormwater Administrator, may file an appeal to the Board of Adjustment within 30 days. Appeals of variance requests shall be made as provided in the section on Variances. In the case of requests for review of proposed civil penalties for violations of this ordinance, the Board of Adjustment shall make a final decision on the request for review within 90 days of receipt of the date the request for review is filed. SECTION 31-3 32-12 Standards 31-301General 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. 1. 31-302Nitrogen and Phosphorus Loading a) (a)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. b) (b)Notwithstanding 15A NCAC 2B.104 (q), redevelopment subject to this ordinance that would replace or expand existing structures or improvements and would result in a net increase in built-upon area shall have the option of either meeting the loading standards identified in subsection (a) or meeting a loading rate that achieves the following nutrient loads compared to the existing development: 40 percent and 77 percent reduction for nitrogen and phosphorus, respectively. c) (c)The developer shall determine the need for engineered stormwater controls to meet these loading rate targets by using the approved accounting tool. 2. 31-303Nitrogen 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. 43 PERSON COUNTY PLANNING ORDINANCE 3. 31-304Control 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. 4. 31-305Partial 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. 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. 31-306Evaluation of Standards for Stormwater Control Measures 1. (A)Evaluation According to Contents of Design Manual All stormwater control measures, stormwater systems and stormwater treatment practices (also referred to as Best Management Practices, or BMPs) required under this ordinance shall be evaluated by the Stormwater Administrator according to the policies, criteria, and 44 PERSON COUNTY PLANNING ORDINANCE 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. (B)Determination of Adequacy; Presumptions and Alternatives Stormwater treatment practices that are designed, constructed, and maintained in accordance with the criteria and specifications in the Design Manual and the approved accounting tool will be presumed to meet the minimum water quality and quantity performance standards of this ordinance. Whenever an applicant proposes to utilize a practice or practices not designed and constructed in accordance with the criteria and specifications in the Design Manual, the applicant shall have the burden of demonstrating that the practice(s) will satisfy the minimum water quality and quantity performance standards of this ordinance. The Stormwater Administrator may require the applicant to provide the documentation, calculations, and examples necessary for the Stormwater Administrator to determine whether such an affirmative showing is made. 31-307Dedication of BMPS, Facilities & Improvements Person County may accept dedication of any existing or future stormwater management facility for maintenance, provided such facility meets all the requirements of this ordinance and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance. 31-308Variences 1. (A)Any person may petition Person County for a variance granting permission to use the person's land in a manner otherwise prohibited by this ordinance. For all proposed major and minor variances from the requirements of this ordinance, the local Board of Adjustment shall make findings of fact showing that: a) (1)There are practical difficulties or unnecessary hardships that prevent compliance with the strict letter of the ordinance; b) (2)The variance is in harmony with the general purpose and intent of the local watershed protection ordinance and preserves its spirit; and c) (3)In granting the variance, the public safety and welfare have been assured and substantial justice has been done. 2. (B)In the case of a request for a minor variance, Person County Board of Adjustment may vary or modify any of the regulations or provisions of the ordinance so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done may impose reasonable and appropriate conditions and safeguards upon any variance it grants. 45 PERSON COUNTY PLANNING ORDINANCE 3. (C)The Person County Board of Adjustment may attach conditions to the major or minor variance approval that support the purpose of the local watershed protection ordinance. If the variance request qualifies as a major variance, and the Person County Board of Adjustment decides in favor of granting the major variance, the Board shall then prepare a preliminary record of the hearing and submit it to the Commission for review and approval. If the Commission approves the major variance or approves with conditions or stipulations added, then the Commission shall prepare a Commission decision which authorizes Person County to issue a final decision which would include any conditions or stipulations added by the Commission. If the Commission denies the major variance, then the Commission shall prepare a decision to be sent to Person County. Person County shall prepare a final decision denying the major variance. 4. (D)Appeals from the local government decision on a major or minor variance request are made on certiorari to the local Superior Court. Appeals from the Commission decision on a major variance request are made on judicial review to Superior Court. 5. (E)On request of the Stormwater Administrator, any person who petitions Person County for a variance under this ordinance shall provide notice to the affected local governments of the variance request as required under the Falls Rule, 15A NCAC 2B.0104(r). For purposes of this notice requirement, “affected local governments” means any local governments that withdraw water from Lake Falls or its tributaries downstream of the site of the proposed variance. If the proposed variance is in a Water Supply Watershed area classified as WS II, WS III or WS IV, “affected local governments” also includes any other local governments in the same water supply watershed as the proposed variance. The notice shall provide a reasonable period for comments and shall direct the comments to be sent to the Stormwater Administrator. The person petitioning for the variance shall supply proof of notification in accordance with this ordinance to the Stormwater Administrator. SECTION 31-4 32-13 Maintenance 31-401General Standards for Maintenance 1. (A)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. (B)Annual Maintenance Inspection and Report The person responsible for maintenance of any engineered stormwater control installed pursuant to this ordinance shall submit to the Stormwater Administrator an inspection report from one of the following persons performing services only in their area of competence: a qualified registered North Carolina professional engineer, surveyor, landscape architect, 46 PERSON COUNTY PLANNING ORDINANCE 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) (1)The name and address of the land owner; b) (2)The recorded book and page number of the lot of each engineered stormwater control; c) (3)A statement that an inspection was made of all engineered stormwater controls; d) (4)The date the inspection was made; e) (5)A statement that all inspected engineered stormwater controls are performing properly and are in compliance with the terms and conditions of the approved maintenance agreement required by this ordinance; and f) (6)The original signature and seal of the engineer, surveyor, or landscape architect. All inspection reports shall be on forms supplied by the Stormwater Administrator. An original inspection report shall be provided to the Stormwater Administrator beginning one year from the date of as-built certification and each year thereafter on or before the date of the as-built certification. 3. (C)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) 31-402Operation and Mainentance Agreement 1. (A)In General Prior to the conveyance or transfer of any lot or building site to be served by a engineered stormwater control pursuant to this ordinance, and prior to issuance of any permit for development requiring a engineered stormwater control pursuant to this ordinance, the applicant or owner of the site must execute an operation and maintenance agreement that shall be binding on all subsequent owners of the site, portions of the site, and lots or parcels served by the engineered stormwater control. Until the transference of all property, sites, or lots served by the engineered stormwater control, the original owner or applicant shall have primary responsibility for carrying out the provisions of the maintenance agreement. 47 PERSON COUNTY PLANNING ORDINANCE 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. (B)Special Requirement for Homeowners’ and Other Associations For all engineered stormwater controls required pursuant to this ordinance and that are to be or are owned and maintained by a homeowners’ association, property owners’ association, or similar entity, the required operation and maintenance agreement shall include all of the following provisions: a) (1)Acknowledgment that the association shall continuously operate and maintain the stormwater control and management facilities. b) (2)Establishment of an escrow account, which can be spent solely for sediment removal, structural, biological or vegetative replacement, major repair, or reconstruction of the engineered stormwater controls. If engineered stormwater controls are not performing adequately or as intended or are not properly maintained, Person County, in its sole discretion, may remedy the situation, and in such instances Person County shall be fully reimbursed from the escrow account. Escrowed funds may be spent by the association for sediment removal, structural, biological or vegetative replacement, major repair, and reconstruction of the engineered stormwater controls, provided that Person County shall first consent to the expenditure. Special Requirement for Homeowners’ and Other Associations continued c) (3)Both developer contribution and annual sinking funds shall fund the escrow account. Prior to plat recordation or issuance of construction permits, whichever shall first occur, the developer shall pay into the escrow account an amount equal to fifteen (15) percent of the initial construction cost of the engineered stormwater controls. Two-thirds (2/3) of the total amount of sinking fund budget shall be deposited into the escrow account within the first five (5) years and the full amount shall be deposited within ten (10) years following initial construction of the engineered stormwater controls. Funds shall be deposited each year into the escrow account. A portion of the annual assessments of the association shall include an allocation into the escrow account. Any funds drawn down 48 PERSON COUNTY PLANNING ORDINANCE from the escrow account shall be replaced in accordance with the schedule of anticipated work used to create the sinking fund budget. d) (4)The percent of developer contribution and lengths of time to fund the escrow account may be varied by Person County depending on the design and materials of the stormwater control and management facility. e) (5)Granting to Person County a right of entry to inspect, monitor, maintain, repair, and reconstruct engineered stormwater controls. f) (6)Allowing Person County to recover from the association and its member’s any and all costs Person County expends to maintain or repair the engineered stormwater controls or to correct any 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. g) (7)A statement that this agreement shall not obligate Person County to maintain or repair any engineered stormwater controls, and Person County shall not be liable to any person for the condition or operation of engineered stormwater controls. h) (8)A statement that this agreement shall not in any way diminish, limit, or restrict the right of Person County to enforce any of its ordinances as authorized by law. i) (9)A provision indemnifying and holding harmless Person County for any costs and injuries arising from or related to the engineered stormwater control, unless Person County has agreed in writing to assume the maintenance responsibility for the BMP and has accepted dedication of any and all rights necessary to carry out that maintenance. 31-403Inspection Program Inspections and inspection programs by Person County may be conducted or established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in BMPs; and evaluating the condition of BMPs. If the owner or occupant of any property refuses to permit such inspection, the Stormwater Administrator shall proceed to obtain an administrative search warrant pursuant to G.S. 15-27.2 or its successor. No person shall obstruct, hamper or interfere with the Stormwater Administrator while carrying out his or her official duties. 49 PERSON COUNTY PLANNING ORDINANCE 31-404Performance Security for Installation and Maintenance 1. (A)May Be Required Person County may, at its discretion, require the submittal of a performance security or bond with surety, cash escrow, letter of credit or other acceptable legal arrangement prior to issuance of a permit in order to ensure that the engineered stormwater controls are: a) (1)Installed by the permit holder as required by the approved stormwater management plan, and/or b) (2)Maintained by the owner as required by the operation and maintenance agreement. 2. (B)Amount a) (1)Installation The amount of an installation performance security shall be the total estimated construction cost of the BMPs approved under the permit, plus 25%. b) (2)Maintenance The amount of a maintenance performance security shall be the present value of an annuity of perpetual duration based on a reasonable estimate of the annual cost of inspection, operation and maintenance of the BMPs approved under the permit, at a discount rate that reflects the jurisdiction’s cost of borrowing minus a reasonable estimate of long-term inflation. 3. (C)Uses of Performance Security a) (1)Forfeiture Provisions The performance security shall contain forfeiture provisions for failure, after proper notice, to complete work within the time specified, or to initiate or maintain any actions which may be required of the applicant or owner in accordance with this ordinance, approvals issued pursuant to this ordinance, or an operation and maintenance agreement established pursuant to this ordinance. b) (2)Default Upon default of the owner to construct, maintain, repair and, if necessary, reconstruct any engineered stormwater control in accordance with the applicable permit or operation and maintenance agreement, the Stormwater Administrator shall obtain and use all or any portion of the security to make necessary improvements based on an engineering estimate. Such expenditure of funds shall only be made after requesting the owner to comply with the permit or maintenance agreement. In the event of a default triggering the use of installation performance security, Person County shall not return any of the unused deposited cash funds or other security, which shall be retained for maintenance. c) (3)Costs in Excess of Performance Security 50 PERSON COUNTY PLANNING ORDINANCE 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) (4)Refund Within sixty days of the final approval, the installation performance security shall be refunded to the applicant or terminated, except any amount attributable to the cost (plus 25%) of landscaping installation and ongoing maintenance associated with the BMPs covered by the security. Any such landscaping shall be inspected one (1) year after installation with replacement for compliance with the approved plans and specifications and, if in compliance, the portion of the financial security attributable to landscaping shall be released. 4. 31-405Notice to owners a) (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) (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. 5. 31-406Records 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. 6. 31-407Nuisance 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. 7. 31-408Maintenance 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 51 PERSON COUNTY PLANNING ORDINANCE be recorded and its terms shall specify who may make use of the easement and for what purposes. SECTION 31-5 32-14 Enforcement and Violations 31-501General 1. (A)Authority to Enforce The provisions of this ordinance shall be enforced by the Stormwater Administrator, his or her designee, or any authorized agent of Person County. Whenever this section refers to the Stormwater Administrator, it includes his or her designee as well as any authorized agent of Person County. 2. (B)Violation Unlawful Any failure to comply with an applicable requirement, prohibition, standard, or limitation imposed by this ordinance, or the terms or conditions of any permit or other development approval or authorization granted pursuant to this ordinance, is unlawful and shall constitute a violation of this ordinance. 3. (C)Each Day a Separate Offense Each day that a violation continues shall constitute a separate and distinct violation or offense. 4. (D)Responsible Persons/Entities Any person who erects, constructs, reconstructs, alters (whether actively or passively), or fails to erect, construct, reconstruct, alter, repair or maintain any structure, BMP, engineered stormwater control, practice, or condition in violation of this ordinance shall be subject to the remedies, penalties, and/or enforcement actions in accordance with this section. Persons subject to the remedies and penalties set forth herein may include any architect, engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition that results in or constitutes a violation of this ordinance, or fails to take appropriate action, so that a violation of this ordinance results or persists; or an owner, any tenant or occupant, or any other person, who has control over, or responsibility for, the use or development of the property on which the violation occurs. For the purposes of this articleordinance, responsible person(s) shall include but not be limited to: 1. (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. (2)Responsibility for Land or Use of Land 52 PERSON COUNTY PLANNING ORDINANCE 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. 31-502 32-15 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. 1. (A)Remedies a) (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. b) (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. c) (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. d) (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. e) (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 53 PERSON COUNTY PLANNING ORDINANCE 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. 2. (B)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. 3. (D)Criminal Penalties Violation of this ordinance may be enforced as a criminal matter under North Carolina law. 31-503 32-16 Procedures 1. (A)Initiation/Complaint Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the alleged violation and the basis thereof, and shall be filed with the Stormwater Administrator, who shall record the complaint. The complaint shall be investigated promptly by the Stormwater Administrator. 2. (B)Inspection The Stormwater Administrator shall have the authority, upon presentation of proper credentials, to enter and inspect any land, building, structure, or premises to ensure compliance with this ordinance. 3. (C)Notice of Violation and Order to Correct When the Stormwater Administrator finds that any building, structure, or land is in violation of this ordinance, the Stormwater Administrator shall notify, in writing, the property owner or other person violating this ordinance. The notification shall indicate the nature of the violation, contain the address or other description of the site upon which the violation is occurring, order the necessary action to abate the violation, and give a deadline for correcting the violation. If civil penalties are to be assessed, the notice of violation shall also contain a statement of the civil penalties to be assessed, the time of their accrual, and the time within which they must be paid or be subject to collection as a debt. The 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 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. (D)Extension of Time 54 PERSON COUNTY PLANNING ORDINANCE 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. (E)Enforcement after Time to Correct After the time has expired to correct a violation, including any extension(s) if authorized by the Stormwater Administrator, the Stormwater Administrator shall determine if the violation is corrected. The Stormwater Administrator may act to impose one or more of the remedies and penalties authorized by this ordinance whether or not the violation has been corrected. 6. (F)Emergency Enforcement If delay in correcting a violation would seriously threaten the effective enforcement of this ordinance or pose an immediate danger to the public health, safety, or welfare, then the Stormwater Administrator may order the immediate cessation of a violation. Any person so ordered shall cease any violation immediately. The Stormwater Administrator may seek immediate enforcement, without prior written notice, through any remedy or penalty authorized by this articleordinance. SECTION 31-6:Definitions 31-601 32-17 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. 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 55 PERSON COUNTY PLANNING ORDINANCE 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 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. 56 PERSON COUNTY PLANNING ORDINANCE 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 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 57 PERSON COUNTY PLANNING ORDINANCE 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. FLOOD DAMAGE PREVENTION ORDINANCE OF PERSON COUNTY, NC [FROM ORIGINAL ORDINANCE] SECTION 33 – FLOOD DAMAGE PREVENTION Non-Coastal Regular Phase ARTICLE 1. 33-1 Statutory Authority, Findings of Fact, Purpose and Objectives SECTION A Statutory Authorization. County: The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Parts 3 and 4 of Article 18 of Chapter 153A; and Part 121, Article 6 of Chapter 153ANorth Carolina General Statutes 160D of the North Carolina General Statutes, delegated to local governmental units the responsibility to adopt regulations designed to promote the public health, safety, and general welfare. 58 PERSON COUNTY PLANNING ORDINANCE Therefore, the Person County Board of Commissioners, Person County, North Carolina, does ordain as follows: SECTION B 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. SECTION C STATEMENT OF 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. SECTION D 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; 59 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. ARTICLE 2 33-2 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 60 PERSON COUNTY PLANNING ORDINANCE Means the land area that would be inundated by the 1-percent-annual-chance (100- year) flood based on future-conditions hydrology. 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 61 PERSON COUNTY PLANNING ORDINANCE to) fill, bulkheads, piers, pools, docks, landings, ramps, and erosion control/stabilization measures. 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). 62 PERSON COUNTY PLANNING ORDINANCE 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. 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. 63 PERSON COUNTY PLANNING ORDINANCE 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 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. 64 PERSON COUNTY PLANNING ORDINANCE 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 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. 65 PERSON COUNTY PLANNING ORDINANCE 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. 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 66 PERSON COUNTY PLANNING ORDINANCE 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. 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. 67 PERSON COUNTY PLANNING ORDINANCE 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. 68 PERSON COUNTY PLANNING ORDINANCE 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 Article 3, Section B of 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. 69 PERSON COUNTY PLANNING ORDINANCE 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 “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 Articles 4 and 5 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 70 PERSON COUNTY PLANNING ORDINANCE 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. ARTICLE 3 33-3 General Provisions SECTION A Lands to which this ordinance applies. This ordinance shall apply to all Special Flood Hazard Areas within the jurisdiction of Person County. SECTION B 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 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. SECTION C 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 Article 3, Section B of this ordinance. SECTION D 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. SECTION E 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. SECTION F Interpretation. 71 PERSON COUNTY PLANNING ORDINANCE 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. SECTION G 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. SECTION H 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 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. ARTICLE 4 SECTION A 33-4 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. SECTION B 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 72 PERSON COUNTY PLANNING ORDINANCE 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 in Article 3, Section Bby 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 in Article 3, Section Bby this ordinance; iv. the boundary of the floodway(s) or non-encroachment area(s) as determined in Article 3, Section Bthis ordinance; v. the Base Flood Elevation (BFE) where provided as set forth in Article 3, Section B; Article 4, Section C; or Article 5, Section Dthis ordinance; vi. the old and new location of any watercourse that will be altered or relocated as a result of proposed development; 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. 73 PERSON COUNTY PLANNING ORDINANCE 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 Article 5, Section B(4)(d)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 Article 5, Section B, subsections (6) and (7) 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- 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 Article 3, Section Bthis ordinance. 74 PERSON COUNTY PLANNING 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 Article 5, Section F 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 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 75 PERSON COUNTY PLANNING ORDINANCE 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. SECTION C 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 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 Article 5, Section Fthis 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 ordinanceArticle 4, Section B(3). 76 PERSON COUNTY PLANNING 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 ordinanceArticle 4, Section B(3). 8. Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with the provisions of this ordinance Article 4, Section B (3). 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 Article 4, Section B(3) and Article 5, Section B(2). 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 Article 3, Section B, 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 Article 5, Section D (2) (b), 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 Article 3, Section B, 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) 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 77 PERSON COUNTY PLANNING ORDINANCE 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 Article 4, Section D. 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 Article 3, Section B of this ordinance, including 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). SECTION D 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. 78 PERSON COUNTY PLANNING ORDINANCE 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. SECTION E 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. 79 PERSON COUNTY PLANNING ORDINANCE 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 Article 2 of this ordinance, provided provisions of this ordinance Article 4, Section E(9)(b), (c), and (e) have 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 Article 2 of 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 80 PERSON COUNTY PLANNING ORDINANCE 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. 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 81 PERSON COUNTY PLANNING ORDINANCE 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. ARTICLE 5 33-5 Provisions for Flood Hazard Reduction SECTION A General Standards In all Special Flood Hazard Areas the following provisions are required: 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. 82 PERSON COUNTY PLANNING ORDINANCE 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 specified in this ordinance Article 4, Section E (10). 16A 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 Article 4, Section B (3).17 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. 16 Article XIII, XIV, XV 17 Article XIII, XIV, XV 83 PERSON COUNTY PLANNING ORDINANCE SECTION B Specific Standards In all Special Flood Hazard Areas where Base Flood Elevation (BFE) data has been provided, as set forth in this ordinance Article 3, Section B, or Article 5, Section D, the following provisions, in addition to the provisions of Article 5, Section A18, 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 Article 2 of 19this 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 Article 2 of 20this 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 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 Article 5, Section G (2). 21A 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 in Article 4, Section B (3) 22this 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 Article 2 of 23this 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. 18 Article III, V, VI, VII,XIII, XIV, XV 19 Article III, XII, XIV 20 Article III, XII, XIV 21 Article III, XII, XIV 22 Article III, XII, XIV 23 Article III, XII, XIV 84 PERSON COUNTY PLANNING ORDINANCE c) All enclosures or skirting below the lowest floor shall meet the requirements this ordinance of Article 5, Section B (4).24 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; 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 24 Article III, XII, XIV 85 PERSON COUNTY PLANNING ORDINANCE 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. 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: 86 PERSON COUNTY PLANNING ORDINANCE 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: 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: 87 PERSON COUNTY PLANNING ORDINANCE 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 Article 5, Section A (1);25 f) All service facilities such as electrical shall be installed in accordance with the provisions of this ordinance Article 5, Section A (4);26 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 Article 5, Section B(4)(c).27 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 Article 4, Section B (3).28 9. Tanks. When gas and liquid storage tanks are to be placed within a Special Flood Hazard Area, the following criteria shall be met: 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 Article 5, Section B (2) 29of this ordinance shall be permitted in flood 25 Article III, V, VI, VII,XIII, XIV, XV 26 Article III, V, VI, VII,XIII, XIV, XV 27 Article III, V, VI, VII,XIII, XIV, XV 28 Article III, V, VI, VII,XIII, XIV, XV 29 Article III, V, VI, VII,XIII, XIV, XV 88 PERSON COUNTY PLANNING ORDINANCE 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 Article 5, Section F of 30this 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 Article 5, Section F of 31this 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 Article 5, Section F of 32this ordinance. SECTION C Reserved SECTION D Standards For Floodplains Without Established Base Flood Elevations. Within the Special Flood Hazard Areas designated as Approximate Zone A and established in this ordinance Article 3, Section B33, where no Base Flood Elevation (BFE) data has been provided by FEMA, the following provisions, in addition to the provisions of this ordinance Article 5, Section A34, shall apply: 30 Article III, V, VI, VII,XIII, XIV, XV 31 Article III, V, VI, VII,XIII, XIV, XV 32 Article III, V, VI, VII,XIII, XIV, XV 33 Article III, V, VI, VII,XIII, XIV, XV 34 Article III, V, VI, VII,XIII, XIV, XV 89 PERSON COUNTY PLANNING ORDINANCE 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 Article 5, Sections A and B35. 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 Article 5, Sections B and F.36 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 Article 3, Section B37 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 Article 2. All other applicable provisions of Article 5, Section B shall also apply.38 SECTION E 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: 1. Standards of this ordinance Article 5, Sections A and B39; and 35 Article III, V, VI, VII,XIII, XIV, XV 36 Article III, V, VI, VII,XIII, XIV, XV 37 Article III, V, VI, VII,XIII, XIV, XV 38 Article III, V, VI, VII,XIII, XIV, XV 39 Article III, V, VI, VII,XIII, XIV, XV 90 PERSON COUNTY PLANNING ORDINANCE 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. SECTION F 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 Article 3, Section B40. 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 Article 5, Sections A and B41, 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 ordinance Article 5, Section F (1) 42is 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 Article 5, Section B (3); 43and b) The no encroachment standard of this ordinance Article 5, Section F (1).44 SECTION G Standards For Areas Of Shallow Flooding (Zone Ao). 40 Article III, V, VI, VII,XIII, XIV, XV 41 Article III, V, VI, VII,XIII, XIV, XV 42 Article III, V, VI, VII,XIII, XIV, XV 43 Article III, V, VI, VII,XIII, XIV, XV 44 Article III, V, VI, VII,XIII, XIV, XV 91 PERSON COUNTY PLANNING ORDINANCE Located within the Special Flood Hazard Areas established in this ordinance Article 3, Section B45, 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 Article 5, Sections A and B46, all new construction and substantial improvements shall meet the following requirements: 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 ordinance Article 5, Section G (1) 47so 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 Article 4, Section B (3) and Article 5, Section B (2)48 3. Adequate drainage paths shall be provided around structures on slopes, to guide floodwaters around and away from proposed structures. SECTION H Standards For Areas Of Shallow Flooding (Zone Ah). Located within the Special Flood Hazard Areas established in this ordinance Article 3, Section B49, 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 Article 5, Sections A and B50, 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. ARTICLE 6 33-6 Legal Status Provisions. SECTION A Effect On Rights And Liabilities Under The Existing Flood Damage Prevention Ordinance. 45 Article III, V, VI, VII, XIII, XIV, XV 46 Article III, V, VI, VII, XIII, XIV, XV 47 Article III, V, VI, VII, XIII, XIV, XV 48 Article III, V, VI, VII, XIII, XIV, XV 49 Article III, V, VI, VII, XIII, XIV, XV 50 Article III, V, VI, VII, XIII, XIV, XV 92 PERSON COUNTY PLANNING 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. SECTION B 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. SECTION C 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. SECTION D Effective Date This ordinance shall become effective upon adoption. SECTION E 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. 93 PERSON COUNTY PLANNING ORDINANCE ARTICLE VI Bona Fide Farms 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. 94 PERSON COUNTY PLANNING ORDINANCE ARTICLE V ESTABLISHMENT OF DISTRICTS SECTION 50 - INTERPRETATION OF DISTRICT BOUNDARIES ARTICLE V - ESTABLISHMENT OF DISTRICTS SECTION 51 – INTERPRETATION OF DISTRICT BOUNDARIES 50-1 1. The locations and boundaries of each of the planning districts shall be shown on the map accompanying this ordinance and made a part hereof, entitled, "Official Planning Map, Person County, North Carolina," and adopted by the Board of County Commissioners. The Planning Map and all the notations, references and amendments thereto, and other information shown are hereby made a part of this ordinance. The Planning Map shall be kept on file in the office of Planning and Zoning and shall be available for inspection by the public. 50-2 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: a) 50-2(A)Boundaries indicated as approximately following the centerline of streets, highways, alleys, streams, rivers, lakes, or other bodies of water shall be construed to follow such centerlines. b) 50-2(B)Boundaries indicated as approximately following platted lot lines shall be construed to follow such lot lines. c) 50-2(C)Distances not specifically indicated on the Official Planning Map shall be determined by the scale of the map. d) 50-2(D)Where physical and cultural features existing on the ground are at variance with those shown on the Official Planning Map, or in other circumstances not covered by subsections 50-2(a) through 50-2 (c) above, the Board of Adjustment shall interpret the district boundaries. e) 50-2(E)Where a district boundary line divides a lot which was in single ownership at the time of passage of this ordinance, the Board of Adjustment may permit the extension of the regulations for either portion of the lot not to exceed two hundred and fifty (250) feet beyond the district line into the remaining portion of the lot. 95 PERSON COUNTY PLANNING ORDINANCE ARTICLE VI APPLICATION OF DISTRICT REGULATIONS SECTION 60 - GENERAL REGULATIONS (Amended 11/17/2003; 08/2/2010; 5/3/21) ARTICLE VI – APPLICATION OF DISTRICT REGULATIONS (Amended 11/17/2003; 08/2/2010; 5/3/21) SECTION 61 – GENERAL REGULATIONS 61-1 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 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 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 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 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 6. (Deleted 6/3/2013) a) 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) b) 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) 96 PERSON COUNTY PLANNING ORDINANCE c) 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 7. Campers and Recreational Vehicles shall not be used for dwelling purposes on individual lots but can be stored provided they are registered to the owner of the lot and there is an existing dwelling. There shall only be one camper/recreational vehicle stored per lot. A Special Use Permit will be required for storage of more than one camper/recreational vehicle and property owner and camper/recreational vehicle owner must be the same. (Added 8/2/2010; amended 5/3/21) 61-8 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 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 61 – RESIDENTIAL DENSITY OPTIONS (Amended 11/18/2025) SECTION 62 – RESIDENTIAL DENSITY OPTIONS (Amended 11/18/2025) 62-1 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 2. In the RC district, any lot may contain multiple dwelling units when all of the following conditions exist: a) The density of the parcel remains at or below the density of 1 dwelling per acre. b) Adequate well and septic sites exist for the total number of bedrooms proposed in all dwellings, as evidenced by approval from Environmental Health. c) Each dwelling has legal access to a public or improved private road either through direct frontage on the right of way or across a platted access easement. d) A scaled drawing is presented documenting the layout of a division of the tract to place each dwelling on a separate lot in a manner complaint with the Subdivision Regulations 97 PERSON COUNTY PLANNING ORDINANCE 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. e) For the purposes of this section, the following dwelling types are authorized to be collocated on a single lot in any combination if otherwise compliant with this section: i. Single family dwelling ii. Garage apartments and other accessory dwelling units or tiny homes built to the residential building code. iii. Manufactured Home, Class A, (provided the total number of all manufactured homes on the parcel does not meet the definition of a mobile home park) iv. Manufactured Home Class B (provided the total number of all manufactured homes on the parcel does not meet the definition of a mobile home park) 98 PERSON COUNTY PLANNING ORDINANCE ARTICLE VII SECTION 70 - DISTRICT REGULATIONS DESCRIPTION OF GENERAL USE AND CONDITIONAL DISTRICTS (Amended 8-17-92, 11/16/20; 5/3/21) 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. 70-1(A)R Residential District: The purpose of this district is to provide for single family residential uses and compatible development. 2. 70-1(B)B-2 Neighborhood Shopping: The purpose of this district shall be to provide for small clusters of retail service and other commercial development which would be compatible with nearby residential areas. 3. 70-1(C)B-1 Highway Commercial Business District: The purpose of this district shall be to provide for commercial and light industrial development which operate in a relative quiet, clean and non-noxious manner. 99 PERSON COUNTY PLANNING ORDINANCE 4. 70-1(D)GI General Industrial District: The purpose of this district shall be to provide suitable locations for wholesale, distribution, warehousing, fabrication and processing of both light and heavy industrial production natures. (Amended 11/16/20) 5. 70-1(E)AP Airport District: The purpose of this district shall be to provide an overlay district which establishes land use regulations for areas adjacent to the Person County Executive Airport. Specific requirements for the Airport District are set forth in this ordinance ARTICLE IX, SECTION 91 and SECTION 92. 6. 70-1(F)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. 70-2(A)A Conditional District, bearing the designation CD, is hereby established as a companion district for every district established in Section 70-1 (a-f). These districts are CD-R, CD-B-2, CD-B-1, CD-GI, CD-AP, and CD-R-C. All 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 - TABLE OF PERMITTED USES (SEE APPENDIX C) TABLE OF PERMITTED USES MOVED TO SECTION 72 SECTION 71 – DEFINITIONS (Amended 09/09/2019, 11/16/20; 5/3/21, 8/4/25, 11/3/25, 11/18/25) 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". 100 PERSON COUNTY PLANNING ORDINANCE 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. 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 approach zone height 101 PERSON COUNTY PLANNING ORDINANCE 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 102 PERSON COUNTY PLANNING ORDINANCE Natural or vegetated area through which stormwater run-off flows in a diffuse manner so that the run-off does not become channelized and provided for infiltration of run-off and filtering of pollutants. The buffer is measured landward from the normal pool evaluation of impounded structures and from the bank of each side of perennial streams or rivers. The area shall be included in the calculation of minimum lot size required by this ordinance. Building Any structure used or intended for supporting or sheltering any use or occupancy (Amended 5/3/2021) Building Line A line running parallel (as determined by the actual location of the building on the lot), with the front, side or rear of a building. (Amended 2-1-93) Built Upon Area That portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel areas (e.g. roads, parking lots, and paths), recreation facilities (e.g. tennis courts), etc. (Note: Wooden slatted decks and the water area of a swimming pool are considered pervious). (Amended 11/3/97) Camper/Recreational Vehicle A vehicular type unit designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are travel trailer, camping trailer, and truck camper and motor home. (Def. added 8/2/2010) Camper/Recreational Vehicle Park Any site or tract of land upon which two or more recreational vehicles or tent spaces are provided for occupancy according to the requirements set forth in this ordinance. (Def. added 8/2/2010) Certificate Of Occupancy A statement signed by the Zoning Enforcement Officer setting forth that the building, structure, or use complies with the Planning Ordinance and any applicable construction codes, and that the same may be used for the purposes stated herein. Commercial Modular Building A manufactured building designed to be used as a multi-family dwelling unit (3 or more families) or as a commercial structure which has been constructed in and labeled indicating compliance with the North Carolina State Building Code. (Def. Added 5/5/97) Conditional Zoning A legislative zoning map amendment with site-specific conditions incorporated into the zoning map amendment. (Added: 5/3/21) 103 PERSON COUNTY PLANNING ORDINANCE 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) 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) 104 PERSON COUNTY PLANNING ORDINANCE 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) 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 105 PERSON COUNTY PLANNING ORDINANCE 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. 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) 106 PERSON COUNTY PLANNING ORDINANCE 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. 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 107 PERSON COUNTY PLANNING ORDINANCE 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 108 PERSON COUNTY PLANNING ORDINANCE feet or more of "junk materials” are kept or stored at any given place whether for profit or not, shall be in violation of this ordinance. Materials enclosed in closed buildings, solid waste containers or rolling stock ( i.e., rail cars, trailer or other containerized body not intended or designed to be self-propelled) are excluded. (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. 109 PERSON COUNTY PLANNING ORDINANCE 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. 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 110 PERSON COUNTY PLANNING ORDINANCE 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 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 111 PERSON COUNTY PLANNING ORDINANCE 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) 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). 112 PERSON COUNTY PLANNING ORDINANCE 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) 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 113 PERSON COUNTY PLANNING ORDINANCE 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) Residuals 114 PERSON COUNTY PLANNING ORDINANCE 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) 115 PERSON COUNTY PLANNING ORDINANCE Structure An object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines. Temporary Construction Building Any building or portion of a building used as a temporary field office for the coordination of a nearby construction project by the general contractor and/or subcontractors. No portion of a temporary construction building may be used as an accessory occupancy (such as a sales office) into which the general public would be allowed access. (Def. Added 5/5/97) Temporary Sign A sign that is used in connection with a circumstance, situation, or event that is designed, intended, or expected to take place or to be completed with a reasonably short or definite period after the erection of such sign. If a sign display area is permanent but the message 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 116 PERSON COUNTY PLANNING ORDINANCE 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. 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 117 PERSON COUNTY PLANNING ORDINANCE market, petting zoo, corn maze, cheese processing, roasting of coffee and associated retail sales. (Added 11/1/2004) Yard Any open space on the same lot with a building and unoccupied from the ground vertically except by trees, shrubbery, fences, open fire escapes, chimneys, flues, cornices, eaves and bay windows. (Amended 2/1/93) Yard, Front A yard across lot, extending from the front building line to the front lot line or right-of-way. (Amended 2/1/93) Yard, Rear A yard located behind the rear building line and extending to rear lot line or right-of-way. (Amended 2/1/93) Yard, Side A yard between the side building line and side lot line or right-of-way, extending from the front building line to the rear building line. (Amended 2/1/93) Zoning Administrator Planning Director (aka County Planner) or designated representative. Zoning Permit A permit by the Person County Zoning Administrator or his authorized agents that a course of action to use or occupy a tract of land or a building or to erect, install, or alter a structure, building, or sign situated in the zoning jurisdiction of the County fully meets the requirements of this ordinance. 118 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 (*See Note 5) X X* X Airport Operations (*Note 5 and Sections 90 & 91) S S S X* S Airstrips, (Private) /Heliport Without Commercial Activity (*See Note 8) (Added 5/7/01) X* X* X* X* X* 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 (*See Note 5) 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 119 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 (*See Note 5) 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 120 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 (See Appendix C Note 2) (Amended 11/16/20) S X X X Industrial, Heavy (See Appendix C, Note 2) (Amended 11/16/20) S X 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 121 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 (See Article Viii, Section 80) (Added 12/1/03) S X X S Post Office X X X X Private Recreation Club Or Swimming Club Activities Not Operated As A Business Or Profit (Amended 12/1/2008) S S S S S Private Recreation Facilities For Profit (Amended 5/18/92, 7/8/96) S S S S S Public Recreations (Such as Community Center Buildings, Parks, Museums, Playgrounds, and Similar Facilities Operated on a Nonprofit Basis) S X X X Public Utility Station, Bulk Station or Substations (Amended 12/1/2008) S S S S S Radio or Television Studio Activities Only X X Radio, Telephone and TV Transmitting Tower (See Note 9 and Article VII & IX) (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 122 PERSON COUNTY PLANNING ORDINANCE PRINCIPAL USES ZONING DISTRICTS R B-2 B-1 GI RC Taxicab Stand Operations (*See Note 5) X X X* X Teaching of Art, Music, Dance, Dramatics, or Other Fine Arts S X X X Temporary Construction Building (Amended 6/6/2005) X X X X X Theater Productions S X X X Tire Recapping X X Tire Sales Centers X X X Truck Stop X Truck Terminal Activities Repair and Hauling and/or Storage X Warehouse/distribution facilities X X X 123 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 124 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 125 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. 126 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 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) 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* 127 PERSON COUNTY PLANNING ORDINANCE 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. SECTION 74 – LANDSCAPE 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. 2. 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 3. 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. 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. 128 PERSON COUNTY PLANNING ORDINANCE 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 73 - SETBACK REQUIREMENTS (Amended 9/6/2016; 5/3/21) SECTION 75 – SETBACK REQUIREMENTS (Amended 9/6/2016; 5/3/21) 73-1 1. Where a B-1, B-2, or GI District abuts the R district All business or industrial uses which abut said districts shall be set back a minimum of 50 feet from the abutting exterior property lines. 73-2 2. Setbacks shall be measured: a) 73-2.1From the property line b) 73-2.2From the road right of way c) 73-2.3From the edge of the structure to the property line or other legal boundary SECTION 74 CLUSTER DEVELOPMENT (Added 8/1/2005; Amended: 12/07/09; 5/3/21) SECTION 76 – CLUSTER DEVELOPMENT (Added 8/1/2005; Amended: 12/07/09; 5/3/21) 74-1 Purpose 129 PERSON COUNTY PLANNING ORDINANCE Clustering of residential lots is intended to encourage subdivision design that is more efficient and better suited to the natural features of the land than a conventional subdivision, by regulating lots based on the lot density standards rather than minimum lot size standards and by requiring that part of the subdivision not devoted to lots and roads be set aside as usable open space. This allows smaller lots to be concentrated on those parts of the subdivision best suited to accommodate development with the least adverse impact. Clustering also allows smaller and less costly network of roads and utilities and reduces the amount of impervious surface and stormwater runoff. The open space provided by clustering can be used to provide recreational opportunities for the subdivision’s residents, to conserve and protect significant natural areas and environmentally sensitive areas, and to preserve important historic resources. 74-2 Minimum Subdivision Site Size Clustering of lots shall not be allowed on any tract of land less than ten (10) acres in size. 74-3 Minimum Lot Size All lots shall be a minimum of 6,000 square feet of usable land (not to include any right of way or easements). For single-family or multi-family attached structures, there shall be no minimum lot area. (Amended: 12/07/09) 74-4 Setback Requirements 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. 74-5 Accessory Structures 1. Accessory Structures are allowed only on lots of 20,000 square feet or more and only one structure per lot. 2. All setbacks for accessory structures must be in compliance with Section 72. 74-6 Minimum Road Design Roads may be designed to meet NCDOT specifications for subdivisions, Traditional Neighborhood Development Guidelines (TND) or to a lesser design approved by the County Commissioners. All roads are to be paved. The width of all travel ways, parking areas and road base to be approved within the subdivision process and is required on the plat. 130 PERSON COUNTY PLANNING ORDINANCE All Cluster Development shall have access off of a NCDOT Secondary Road, State or Federal Highway. 74-7 Open Space Land within the subdivision site not contained in lots, streets, or utility easements, shall be in one or more parcels dedicated or reserved as permanent open space. The total are of parcels dedicated or reserved as permanent open space shall make up at least thirty (30) percent of the subdivision. 1. A.The open space shall be subject to a Conservation Easement conveyed to Person County setting aside the said open space from future development and, in areas subject to Watershed Ordinances, the said conservation easement shall limit use as it relates to water quality regulations. The title to the open space shall be conveyed to a property owner’s association, homeowners’ association or other legal entity (public agency or nonprofit organization) that is capable of and willing to accept responsibility for managing open space for its intended purpose. 2. B.Ownership of the Open Space is not restricted but any transfer of ownership of this property is subject to the conservation easement and any other conditions of the special use permit which created the Open Space. 3. C.The design of the open space shall consider protecting water quality, conserving farm and forest land, providing wildlife habitat and preserving the natural aesthetics of the area. 131 PERSON COUNTY PLANNING ORDINANCE APPENDIX C [MOVED TO 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 (*See Note 5) X X* X Airport Operations (*Note 5 and Sections 90 & 91) S S S X* S Airstrips, (Private) /Heliport Without Commercial Activity (*See Note 8) (Added 5/7/01) X* X* X* X* X* 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 (*See Note 5) 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 132 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 (*See Note 5) S X X* X Camper/Recreational Vehicle Park (Amended 8/2/2010, 11/3/2025) S S S X 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 Game and Sports Facilities (Amended 5-18-92) S S Golf Courses S X X X Grocery, Wholesale X X 133 PERSON COUNTY PLANNING ORDINANCE PRINCIPAL USES ZONING DISTRICTS R B-2 B-1 GI RC 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 (See Appendix C Note 2) (Amended 11/16/20) S X X X Industrial, Heavy (See Appendix C, Note 2) (Amended 11/16/20) S X 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 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 (See Article Viii, Section 80) (Added 12/1/03) S X X S Post Office X X X X 134 PERSON COUNTY PLANNING ORDINANCE PRINCIPAL USES ZONING DISTRICTS R B-2 B-1 GI RC 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 Tower (See Note 9 and Article VII & IX) (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 Taxicab Stand Operations (*See Note 5) X X X* X Teaching of Art, Music, Dance, Dramatics, or Other Fine Arts S X X X Temporary Construction Building (Amended 6/6/2005) X X X X X Theater Productions S X X X Tire Recapping X X Tire Sales Centers X X X Truck Stop X Truck Terminal Activities Repair and Hauling and/or Storage X Warehouse/distribution facilities X X X 135 PERSON COUNTY PLANNING ORDINANCE NOTES TO THE TABLE OF PERMITTED USES 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 136 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 accounting, payroll, or management). These are functionally the same as the primary establishment. However, when such services are provided by separate establishments, they will be evaluated as either light or heavy industrial in their own right. If needed, Person County Planning and Zoning staff should rely on the NAICS’ activity dimension to differentiate between an office activity and a factory activity for such establishments.  Animal Processing, Packing, Treatment and Storage Livestock Slaughtering, Processing of Food and Related Products  Production of Chemicals, Rubber, Leather, Clay, Bone, Plastic, Stone, Glass  Production of Fabrication of Metals or Metal Products (enameling, galvanizing, sawmill)  Asphalt and concrete plants  Power generating plants, including the storage of ore, coal, atmospheric gas, grain, petroleum and other materials used to produce power  Hazardous material disposal  Explosive Storage and Distribution Facilities  Fertilizer Manufacture  Quarry Operations  Storage, Flammable 137 PERSON COUNTY PLANNING ORDINANCE INDUSTRIAL ADDITIONS: 1. If otherwise in compliance with applicable provisions of the ordinance and other rules or regulations, the Zoning Administrator may approve or approve with conditions an application to expand a principal structure, or parking and circulation areas, by not more than 10 percent (10%) of those respective areas as reflected in a Special Use approved by the Board of Commissioners, or as in existence at the time zoning became effective as to the zoning lot, whichever is applicable. This ten percent limitation shall apply whether reached in one increment or in more than increment over time. Prior to making a final decision on any such application, the applicant shall cause notice of the proposal in a form approved by the Administrator to be given by first class mail to all property owners within five hundred (500) feet, as shown on the County's tax records, of the zoning lot. The Zoning Administrator shall afford the notified property owners ten (10) days within which to comment before mailing a final decision on the application. The Zoning Administrator shall notify the Planning Boards at its next regular meeting of any application approved or approved with conditions under this section. If, in the judgment of the Zoning Administrator, the application presents significant issues affecting the public health, safety and welfare, he/she shall refer the application to the Planning Board for approval, denial, or approved with conditions. In such cases, the applicant shall cause notice of the Planning Board meeting in a form approved by the Zoning Administrator to be given by first class mail to all property owners within five hundred (500) feet, as shown on the County's tax records, of the zoning lot. 2. If otherwise in compliance with applicable provisions of this ordinance and other rules or regulations, the Planning Board may approve an application to expand a principal structure, or parking and circulation areas, by not more than fifteen percent (15%) of those respective areas as reflected in a Special Use approved by the Board of Commissioners, or as in existence at the time zoning became effective as to the zoning lot, whichever is applicable. This fifteen percent limitation shall apply whether reached in one increment or in more than one increment over time. NOTE 2 - AIRPORT OVERLY 1. Use specifically permitted only in the Airport Overlay, provided in accordance with applicable ordinance provisions. NOTE 3 – PRIVATE AIRSTRIP/HELIPORT (Added May 7, 2001) Private airstrip/heliport without commercial activity. No zoning permit required. NOTE 1, 3, 4, 6, 7, 7A, and 8 – DELETED 11/18/25 NOTE 10 – DELETED 10/5/20 PERSON COUNTY PLANNING ORDINANCE 138 ARTICLE VIII SECTION 80 – USE SPECIFIC REQUIREMENTS ARTICLE VIII – USE SPECIFIC REQUIREMENTS 80-1 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 this ordinance 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 article ordinance and the applicant establishes that in his specific case an undue hardship would result from a strict enforcement of this article 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. 80-2 SITE PLAN SPECIFICATIONS 4. Every site plan shall be prepared in accordance with the following specifications: a) A.Shall be prepared by a North Carolina registered land surveyor, engineer, architect or landscape architect. Any component of a site plan that depicts new landscape materials to be installed or the quality of existing landscaping being retained shall be prepared by a registered landscape architect or licensed landscape designer. b) B.The proposed title of the project and the name of the engineer, architect, surveyor and/or developer, the developer, and a signature panel for the Planning Director’s approval. c) C.The north point, scale, date, and vicinity map. Tax Map and Parcel Number and Township. d) D.Existing zoning and zoning district boundaries on the property in question and on immediately surrounding properties. PERSON COUNTY PLANNING ORDINANCE 139 e) E.The present use of all contiguous or abutting properties. f) F.The boundaries of the property involved by bearings and distances. g) G.All existing property lines, existing streets, buildings, watercourses, waterways or lakes and other existing physical features in or adjoining the project. h) H.Topography of the project area with contour intervals of ten feet or less. i) I.The location and sizes of sanitary and storm sewers, gas lines, water mains, culverts, and other underground structures, and easements for these facilities. Location of proposed or existing fire hydrants. j) J.The location, dimensions and character of construction of proposed streets, alleys, driveways and the location, type and size of ingress and egress to the site. k) K.The location of all existing and proposed off-street parking and parking bays, loading spaces and walkways, indicating types of surfacing, size, angle of stalls, width of aisles, and a specific schedule showing the number of parking spaces. All parking and travel ways shall be paved. Vehicular travel lanes or driveways shall not be less that twenty feet in width for two-way traffic and twelve feet for one-way traffic. Non-residential structures without permanent on-site employees may be permitted to have a twelve-foot wide paved or gravel vehicular travel lane or driveway. (Amended 1/4/21) l) L.The location, height, type and materials of all existing and proposed fences, walls, screen planting and landscaping details of all buildings and grounds, and the location, height and character of all outdoor lighting systems, inclusive of wattage and illumination. m) M.The location of all proposed buildings and structures, accessory and main; number of stories and height, proposed general use for each building; and the number, size and type of dwelling units where applicable. n) N.Proposed finished grading by contour supplemented where necessary by spot elevations. o) O.One-hundred-year floodplain areas per Federal Emergency Management Agency (FEMA) p) P.The location, character, size, height and orientation of proposed signs. q) Q.The location and dimensions of proposed recreation, open space, and required amenities and improvements. PERSON COUNTY PLANNING ORDINANCE 140 r) R.Location of proposed solid waste facilities. s) S.Proposed schedule of development. t) T.Show total impervious surface. Show Best Management Practices where applicable. u) U.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. v) V.Any use-specific requirements listed in this ordinance. 80-3 5. The Planning Director May Request the Following Information when Deemed Necessary or Prudent to Evaluate the Impacts of the Proposed Development a) A.Slope. Grade and cross-section of drives, sidewalks, malls, etc. b) B.Profiles of publicly maintained water and sewer lines. c) C.Profiles: Cross-sections and slopes of on-site and off-site ditches carrying water run- off. d) D.Erosion and Sediment Control Plans. e) E.Lighting plan 80-4 6. Additional Requirements for Radio, Telephone, and TV Transmitting Towers When Not a Special Use a) A.Towers located in B1, B2 or GI Districts require a Special Use Permit if located adjacent to a residential use. b) B.Setbacks for Radio, Telephone and TV Transmitting Towers will be equal to the height of the tower unless the fall-zone is certified to be less than the height of the tower. c) C.Lattice towers, or self-supporting towers, with a triangular base tapered to the top and engineered with break-points may be setback a distance ½ their height. d) D.At a minimum, towers in all Districts are subject to the standards of the Table of Dimensional Requirements (Table 72). e) E.There are no height limitations for towers except as specified by the Federal Aviation Administration (FAA) in the vicinity of the Person County Airport. SECTION 81 SPECIAL USE PERMITS – SITE PLAN REQUIREMENTS PERSON COUNTY PLANNING ORDINANCE 141 SECTION 82 – SPEICAL USE PERMITS In addition to the requirements of Section 80-2 and 80-3 this ordinance, site plans that accompany a Special Use Permit application must contain this additional information and the information required based on the proposed use. 81-1 1. Planned Building Groups, Commercial and Residential a) A.The development shall be on a minimum of a 2-acre lot. b) B.It shall be exempt from the lot and yard dimensional requirements of this ordinance provided that the intensity of the development is no greater and the preservation of open spaces no less than allowed for other development in the same district. (Revised 1/11/96) c) C.Mobile Home Parks are not Planned Building Groups, see Manufactured Home Park requirements below. d) D.Proposed provisions for storm drainage and sanitary sewage as approved by the appropriate governmental agency. e) E.Size and proposed location of any signs. f) F.Proposed water system and firefighting facilities such as hydrants and sprinkler connections. g) G.Proposed solid waste facilities. h) H.The location, dimensions and type of surfacing for drives, sidewalks, malls, etc. All parking and travel ways to be paved. (Amended 5/6/2002) i) I.The location and heights of all fences, walls and hedges. j) J.Show proposed water and sewer lines and size. (Amended 5/6/2002) k) K.Lighting plans inclusive of wattage and illumination. l) L.Location of traffic control devices. m) M.Location and amount of recreation areas. n) N.Location and approximate size of existing and proposed structures within the site and all buildings and structures within 500 feet in addition to public or private easements or rights-of-way adjoining or intersecting such property. o) O.Location and extent of proposed parking and loading areas. PERSON COUNTY PLANNING ORDINANCE 142 p) P.Land contours at 10-foot intervals. q) Q.Proposed points of ingress and egress and proposed patterns of internal automobile and pedestrian circulation. r) R.Proposed schedule of development. s) S.Parking and loading - Off-street parking shall be provided in ratio to two and one-half (2 1/2) spaces per family unit for residential groups and at a ratio of one-half (1/2) parking space per 100 square feet of building area for planned business groups. One loading space for each 10,000 square feet of enclosed building space must be provided in planned commercial building groups. All parking areas shall have a stabilized surface with parking spaces and traffic lanes clearly marked. t) T.Screening and fencing-a screen not less than six feet high of dense plant material and/or fence may be required. u) U.Recreation areas for planned residential groups Play areas shall be provided for all apartment and condominiums with over five (5) dwelling units. A minimum play area of 2,000 square feet having a minimum width of 40 feet shall be provided for the first six (6) to twenty-five (25) dwelling units. An additional fifty-six (56) square feet of recreation area shall be provided for each unit in excess of twenty-five (25) units. The distribution and number of individual play areas shall be determined by the arrangement of the units, topography and other physical features. Swimming pools and their accessory areas shall not constitute any part of the open space requirements and no part of the required play area shall be used for any other purpose. v) V.There shall be maintained at least thirty (30) linear feet of open space between individual buildings in a residential building group. w) W.Where the length of a dead-end street exceeds two hundred (200) feet and where there exists six (6) or more dwelling units, an area must be provided for the turnaround of fire fighting vehicles on a stabilized surface. This area shall not be used for parking. x) X.Locations for fire hydrants must be shown within 1000 feet, as measured along the access drive from every dwelling unit in a residential building group. All hydrants must be served by a water main of sufficient size. In no case shall the minimum size main be less than six (6) inches in diameter. 81-2 2. Additional Requirements for Campers/Recreational Vehicle Park a) A.A minimum lot size of two acres is required. PERSON COUNTY PLANNING ORDINANCE 143 b) B.A proposed park must contain at least 2,500 square feet of land area for each proposed tent or trailer space. c) C.A minimum fifty-foot undisturbed buffer from all property lines, excluding driveway access. d) D.Each campsite shall contain a stabilized parking pad of either pavement or gravel and one off- street parking space. e) E.A sanitary source of drinking water shall be not more than 200 feet, toilet facilities not more than 400 feet and wash houses not more than 1500 feet from any tent or trailer space. This provision shall not apply where community water and sewer connections are provided to trailers having self-contained kitchens and bathroom facilities. (Added 8/2/2010) 81-3 3. Commercial Junkyard or Automobile Graveyard a) A.The storage area shall be fenced to screen the view of the stored materials from public roads and public uses (schools, playgrounds, recreational properties, etc.) on adjacent properties in any of the following manners: i. 1.Maintenance of existing or planted natural vegetation ii. 2.A fence that is either solid in construction or a wire fence in conjunction with vegetation to achieve a visibly solid barrier. Any fence serving this purpose shall be maintained in good condition. iii. 3.Landscaping supplementing a wire fence shall be planted: • a).On at least one side of the wire fence • b).As close as practical to said fence • c).At intervals evenly spaced and in close proximity to each other so that a continuous, unbroken hedgerow will exist to a height of at least six (6) feet along fence surrounding the stored materials when the vegetation reaches maturity. iv. 4.Vegetation providing a visual barrier shall be maintained using good husbandry techniques, including but not limited to, proper pruning, proper fertilizer and proper mulching, so that the vegetation will reach maturity as soon as practical and will have maximum density in foliage. Dead or diseased vegetation shall be replaced at the next appropriate planting time. v. 5.Other natural barriers including topography or other natural means. PERSON COUNTY PLANNING ORDINANCE 144 b) B.All wrecked, scrapped, ruined, dismantled or inoperable motor vehicles and junk shall be stored behind the required screening. c) C.An identification sign at the entrance of the facility of not less than fifteen (15) square feet in area. 81-4 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: a) A.Certifications for outside reviews. These certifications may be presented with the application to the Planning Department or the staff may circulate the application to the noted departments. Departments will have 20 working days to provide comments, including any reasons for denial. The absence of a recommendation from any agency within the above-prescribed time period shall be considered as a favorable recommendation: i. 1.Certification of approval of water supply system plans by the Person County Environmental Health Department. ii. 2.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. iii. 3.Certification of approval of the North Carolina Department of Environmental Quality relative to erosion and sedimentation control. b) B.The transfer of title of a mobile home space or spaces either by sale or by any other manner shall be prohibited within a mobile home park as long as the mobile home park is in operation. c) C.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. d) D.A fifty (50) foot buffer strip adjacent to all property lines which do not abut a public or private road. The zone shall contain planted evergreen trees or shrubbery with a height at maturity of at least five (5) feet or a solid fence or wall at least five (5) feet in height. This strip shall be depicted on the mobile home park plan with the following note: "This strip is reserved for the planting of trees and shrubs by the owner; the location of structures hereon is prohibited”. e) E.Within each mobile home park, one mobile home space for each whole multiple of fifty spaces may be used as a location for an administrative office. For example: I-99 mobile home park spaces 1 administrative space PERSON COUNTY PLANNING ORDINANCE 145 100-149 mobile home park spaces 2 administrative spaces 150-199 mobile home park spaces 3 administrative spaces f) F.Convenience establishments of a commercial nature shall be limited to food stores and/or coin operated laundries. These may be permitted in mobile home parks subject to the following restrictions: i. 1.Such establishments shall be subordinate to the residential use and character of the park. ii. 2.Such establishments shall present no visible evidence of their commercial character from any portion of any residential district out-side the park. iii. 3.Such establishments shall be designed to serve the trade and service needs of the park residents only. g) G.The design standards for streets within mobile home parks shall comply with either the minimum construction standards for secondary roads as required by the North Carolina Division of Highways or with minimum construction standards of private subdivision roads as specified herein. h) H.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. i) I.All private roads limited within a mobile home park shall be maintained by the park owner. j) J.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, k) K.Cul-de-sacs shall serve no more than twenty-five (25) lots. l) L.Any mobile home park with fifty (50) or more spaces shall have a minimum of two entrances which provide ingress and egress. m) M.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. PERSON COUNTY PLANNING ORDINANCE 146 n) N.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. o) O.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: i. 1.Name of owner and occupant; ii. 2.Mobile home space number; iii. 3.Make, model and registration; iv. 4.Date when occupancy within the mobile home park begins and date when occupancy within the mobile home park ceases. p) P.Each mobile home space shall be clearly defined by means of concrete or metal pipe markers placed at all corners. q) Q.No mobile home space shall encroach any proposed street right-of-way. r) R.Each mobile home shall be located at least twenty (20) feet from any permanent building within the mobile home park. s) S.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. t) T.All exterior openings in or beneath any structure shall be appropriately skirted with suitable materials. u) U.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. v) V.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 PERSON COUNTY PLANNING ORDINANCE 147 (approximately 7,000 lumen class), or its equivalent, spaced at intervals of not more than five-hundred (500) feet. w) W.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. x) X.Buffer strips shall not be used to satisfy recreation space area requirements. y) Y.The applicant shall submit clear information about how solid waste will be controlled and collected from the site. 81-5 5. Radio, Telephone and TV Transmitting Towers a) A.Towers located in B1, B2 or GI Districts require a Special Use Permit if located adjacent to a residential use. b) B.Setbacks for Radio, Telephone and TV Transmitting Towers will be equal to the height of the tower unless the fall-zone is certified to be less than the height of the tower. c) C.Lattice towers, or self-supporting towers, with a triangular base tapered to the top and engineered with break-points may be setback a distance ½ their height. d) D.At a minimum, towers in all Districts are subject to the standards of the Table of Dimensional Requirements (Table 75). e) E.There are no height limitations for towers except as specified by the Federal Aviation Administration (FAA) in the vicinity of the Person County Airport. SECTION 82 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. A.The use is an incidental use to the residential property. 2. B.The home occupation shall not generate significantly greater volumes of traffic than would be expected in that residential neighborhood. 3. C.No more than one (1) person other than the resident of the dwelling is to be engaged in the home occupation. 4. D.No more than twenty-five percent (25%) of the total heated floor area of the principal structure shall be used for the home occupation. PERSON COUNTY PLANNING ORDINANCE 148 5. E.One hundred percent (100%) of an accessory structure may be used for the home occupation, if located to the side or the back of the principal structure; and (2) the total floor area of the accessory structure does not exceed fifty percent (50%) of the gross floor area of the principal structure. 6. F.The exterior of any structure (principal or accessory) shall not be built or altered in any manner nor shall the occupation be conducted in such a way as to cause the premises to substantially differ from its' residential character in exterior appearance. 7. G.The outside storage or exterior display of merchandise, products or materials, is prohibited. 8. H.Required parking for a home occupation shall be met off the street and not in a required front or side yard setback. 9. I.Signage shall comply with Article XII, Section 125. 10. J.All residential properties served by a well and/or sewage disposal system must have said systems evaluated (when applicable) in accordance with North Carolina General Statutes and local regulations. 11. K.The use shall not emit any obnoxious or offending noise, dust, vibration, odor, smoke, fumes, glare, electrical interference, interference to radio or television reception beyond what normally occurs in the applicable zoning district and shall not present a fire hazard. 12. L.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 83 MANUFACTURED HOMES, CLASS A SECTION 84 – MANUFACTURED HOMES 1. 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: a) AThe manufactured home is listed and assessed as real property; b) BAll roof structures shall provide an eaves projection of no less than six inches, which may include a gutter; c) CThe exterior siding consists predominantly of vinyl or aluminum horizontal lap siding (whose reflectivity does not exceed that of gloss white paint), wood, or hardboard, PERSON COUNTY PLANNING ORDINANCE 149 comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction; d) DThe manufactured home is set up in accordance with the standards set by the N.C. Department of Insurance and a continuous, permanent masonry foundation or masonry curtain wall, unpierced except for required ventilation and access, is installed under the perimeter of the manufactured home; e) EStairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the home shall be installed or constructed in accordance with standards set by the North Carolina State Building Code, Volume VII - Residential; and f) FThe 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 84 MANUFACTURED HOMES, CLASS B 2. Class B A 'Class B' manufactured home shall be a permitted use in the Residential (R) and Rural Conservation (RC) Zoning Districts provided that: a) AThe exterior finish is in good repair and the exterior materials are comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction. Acceptable materials for the exterior of such homes include but are not limited to vinyl or aluminum horizontal lap siding (whose reflectivity does not exceed that of gloss white paint), wood, or hardboard. b) BThe manufactured home is set up in accordance with the standards set by the North Carolina Department of Insurance and a continuous, permanent masonry foundation or masonry curtain wall, unpierced except for required ventilation and access, is installed under the perimeter of the manufactured home; c) CThe roofing materials are compatible with those used in standard residential construction; d) DThe wheels, axles, transporting lights and towing apparatus have been removed PERSON COUNTY PLANNING ORDINANCE 150 e) EStairs, 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 85 MANUFACTURED HOMES, SPECIAL CASES 85-1 MANUFACTURED HOMES, HARDSHIP 3. 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: a) A.The person or persons occupying the mobile home are physically dependent upon the person or persons occupying the dwelling house, or that the person or persons occupying the dwelling house are physically dependent upon the person or persons occupying the mobile home. b) B.The water and sewage facilities are approved by the District Health Department. c) C.One of the following types of relationships exists between the occupants of the manufactured home and the occupants of the principal dwelling unit: i. Blood relationship. ii. Relationship by marriage. iii. Legal guardian relationship established by law. iv. The attendant is compensated for his or her services and is providing care for not more than two related persons. d) D.The manufactured home meets criteria for Manufactured Homes, Class B. PERSON COUNTY PLANNING ORDINANCE 151 e) E.The permit shall expire after one (1) year and shall be renewable upon similar findings by the Zoning Administrator. When the hardship ceases to exist, the permit shall automatically be revoked and the mobile home removed. When any of the terms, conditions, or restrictions imposed on the zoning permit are not being complied with, the Zoning Administrator shall rescind and revoke such permits after notifying all parties concerned by letter. Any mobile home approved by the Zoning Administrator under the hardship provisions prior to the date of this amendment shall be included in the above restrictions with regard to expiration of permits after one (1) year from the date of issuance and all such permits shall be renewed within one (1) year of the date of this amendment. (Rev. 5/5/97) 85-2 MANUFACTURED HOMES DURING CONSTRUCTION OF A PERMANENT DWELLING 4. 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: a) A.A building permit has been issued for construction of the permanent home; b) B.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; c) C.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 d) D.The manufactured home is set up in accordance with the standards set by the North Carolina Department of Insurance. e) E.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 PERSON COUNTY PLANNING ORDINANCE 152 is revoked, the manufactured home for which it was issued must be removed from the property within thirty (30) days after the revocation is final. (Adopted 5/5/97) 85-3 EMERGENCY USE OF CAMPERS/RECREATIONAL VEHICLES 5. 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: a) A.A building permit has been issued for construction of the permanent home. b) B.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. c) C.The camper/recreational vehicle cannot be used for residential purposes on the same lot once the certificate of occupancy is issued. SECTION 85 – ORDINANCE REGULATIONG SEXUALLY ORIENTED BUSINESSES 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 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. PERSON COUNTY PLANNING ORDINANCE 153 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. Definitions Certain words or terms used in this Ordinance are defined as follows: Interpretation of Common Words and Terms PERSON COUNTY PLANNING ORDINANCE 154 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 PERSON COUNTY PLANNING ORDINANCE 155 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 PERSON COUNTY PLANNING ORDINANCE 156 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 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. PERSON COUNTY PLANNING ORDINANCE 157 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 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. PERSON COUNTY PLANNING ORDINANCE 158 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 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. 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 PERSON COUNTY PLANNING ORDINANCE 159 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 ordinance subsection (B)(l) of this Section 4 for 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; 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 ordinance subsection (B)(l) of this Section 4 for 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 subsection (B)(l) of this Section 4 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 subsection (B)(l) of this Section 4, above. 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. PERSON COUNTY PLANNING ORDINANCE 160 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 article 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 ordinance Section 7 4 of the Person County Planning Ordinance. 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. PERSON COUNTY PLANNING ORDINANCE 161 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 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 article 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 article ordinance will result in the denial of the renewal application. PERSON COUNTY PLANNING ORDINANCE 162 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. 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 PERSON COUNTY PLANNING ORDINANCE 163 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 Section 3, Subsection D, Paragraph 8 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. 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. Business Regulation The following business regulations apply to the ability to operate a sexually oriented business in Person County: 1. Alcohol. PERSON COUNTY PLANNING ORDINANCE 164 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. 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. PERSON COUNTY PLANNING ORDINANCE 165 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. 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 article 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 article ordinance. 10. Manager's Station. PERSON COUNTY PLANNING ORDINANCE 166 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. 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 PERSON COUNTY PLANNING ORDINANCE 167 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. 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 article 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 article ordinance, or participate in any act of prostitution while on the premises of a sexually oriented business. PERSON COUNTY PLANNING ORDINANCE 168 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. (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. 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. PERSON COUNTY PLANNING ORDINANCE 169 SECTION 88 – SOLAR ENERGY SYSTEM ORDINANCE 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 153A Article 18160D. Nothing herein shall be interpreted to conflict with or supersede any provision of the General Statute of North Carolina Chapter 153A160D. Jurisdiction and Applicability The regulations contained herein shall govern development of land within Person County, North Carolina as provided in General Statute 153A, Article 18160D, 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. PERSON COUNTY PLANNING ORDINANCE 170 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 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 PERSON COUNTY PLANNING ORDINANCE 171 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. ARTICLE 2. SITE DEVELOPMENT REQUIREMENTS (Rev. 2/7/22) General Regulations 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 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 Residentia l (R) Highway Commerci al (B-1) Neighborhoo d Shopping (B-2) General Industrial (GI) Rural Conservatio n (RC) Level 1 X X X X X Level 2 SUP/CD SUP/CD SUP/CD Level 3 SUP/CD SUP/CD PERSON COUNTY PLANNING ORDINANCE 172 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: Table 2.2 Setback Requirements for Solar Energy Systems in Person County Left blank = Prohibited in that district Residentia l (R) Highway Commerci al (B-1) Neighborhoo d Shopping (B-2) General Industrial (GI) Rural Conservatio n (RC) Level 1 Per District Regulations contained in Person County Planning Ordinance Level 2 * 200’ 200’ 200’ Level 3 * 200’ 200’ * 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. PERSON COUNTY PLANNING ORDINANCE 173 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: 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 PERSON COUNTY PLANNING ORDINANCE 174 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). 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 PERSON COUNTY PLANNING ORDINANCE 175 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. 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 PERSON COUNTY PLANNING ORDINANCE 176 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. 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. PERSON COUNTY PLANNING ORDINANCE 177 e) A table containing the number, dimensions, height, and type of each proposed solar array including their generating capacity. * 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 PERSON COUNTY PLANNING ORDINANCE 178 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 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: PERSON COUNTY PLANNING ORDINANCE 179 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. 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. PERSON COUNTY PLANNING ORDINANCE 180 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 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. PERSON COUNTY PLANNING ORDINANCE 181 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. * 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 PERSON COUNTY PLANNING ORDINANCE 182 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: 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 183 ARTICLE IX SECTION 90 - AIRPORT OVERLAY DISTRICT REQUIREMENTS TO LIMIT HEIGHT OF OBJECTS AROUND PERSON COUNTY AIRPORT (Amended 5/3/21) 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. (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. (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. (3)That the prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of statutory authority without compensation. 90-1 Reserved 90-2 Airport Zones In order to carry out the provisions of this Section, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to Person County Executive Airport. Such zones are shown on the Person County Airport Zoning Map dated May, 1988. This map, along with a full description of each zone and the height limitations associated with each zone, is hereby made part of this ordinance and is located in the Person County Planning Office. An area located in more than one of the zones is considered to be only in the zone with the more restrictive height limitation. 90-3 Airport 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 PERSON COUNTY PLANNING ORDINANCE 184 of these zones. These height restrictions supersede any other height restrictions in this ordinance. 90-4 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. 90-5 Nonconforming Uses 1. Regulations Not Retroactive - The regulations prescribed in this Section shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of the predecessor of this section adopted January 16, 1989, or otherwise interfere with the continuance of a nonconforming use. 2. Marking and Lighting - The owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the County Planner to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the County of Person. 90-6 Permits 1. Existing Uses - No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation, than it was on the effective date of this Ordinance or any amendments thereto or than it is when the application for a permit is made. 2. Nonconforming Uses Abandoned or Destroyed - Whenever the County Planner determines that a nonconforming tree or structure has been abandoned or more than 80 percent (80%) torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. 3. Variances - Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this Ordinance, may apply to the Board of Adjustment for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed PERSON COUNTY PLANNING ORDINANCE 185 where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted, will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this Ordinance. Additionally, no application for variance to the requirements of this Ordinance may be considered by the Board of Adjustment unless a copy of the application has been furnished to the Airport Manager for advice as to the aeronautical effects of the variance. If the Airport Manager does not respond to the application within fifteen (15) days after receipt, the Board of Adjustment may act on its own to grant or deny said application. 4.Obstruction Marking and Lighting - Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this Ordinance and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the Board of Adjustment, this condition may be modified to require the owner to permit the County of Person, at its own expense, to install, operate, and maintain the necessary markings and lights. SECTION 91 - AIRPORT OVERLAY NOISE EXPOSURE DISTRICT SECTION 92 – AIRPORT OVERLAY NOISE EXPOSER DISTRICT 91-1 The Airport Overlay Noise Exposure District regulates land uses in the vicinity of the Person County Airport by determining the yearly day-night average sound levels and identifying land uses that are normally compatible with various levels of noise exposure. The Overlay District Area shall be zoned General Industrial (GI) which will allow for compatible uses around the Airport. 91-2 The AP Overlay District regulates the area surrounding the Airport that has noise levels that may exceed 65 Ldn, as shown on the Official Zoning Map. 91-3 Where such permitted uses are located within the seventy (70) Ldn or above contour noise boundary, measures to achieve Noise Level Reduction (NLR) of at least 25 dB and 30 dB shall be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas or where the normal noise level is low. 91-4 The following uses shall not be permitted in the AP Overlay District: •Churches, Temples, Synagogues •Day Care Center •Dwelling, Single-Family •Manufactured Homes •Modular Homes •Funeral Homes PERSON COUNTY PLANNING ORDINANCE 186 • Assemblies SECTION 93 – ZONING ORDINANCE TO LIMIT HEIGHT OF OBJECTS AROUND PERSON COUNTY AIRPORT 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. PERSON COUNTY PLANNING ORDINANCE 187 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 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 PERSON COUNTY PLANNING ORDINANCE 188 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 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. PERSON COUNTY PLANNING ORDINANCE 189 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: 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. PERSON COUNTY PLANNING ORDINANCE 190 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. 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. PERSON COUNTY PLANNING ORDINANCE 191 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 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 PERSON COUNTY PLANNING ORDINANCE 192 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 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. PERSON COUNTY PLANNING ORDINANCE 193 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 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 PERSON COUNTY PLANNING ORDINANCE 194 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. 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. PERSON COUNTY PLANNING ORDINANCE 195 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. 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 PERSON COUNTY PLANNING ORDINANCE 196 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. PERSON COUNTY PLANNING ORDINANCE 197 ARTICLE X NONCONFORMING USES ARTICLE X – NONCONFORMING USES SECTION 100 - INTENT 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 101 - CONTINUATION OF NONCONFORMING USES (Amended 11-17-92, Amended 5-7-01; Amended 11/17/03; Amended 2/03/03; 5/3/21) 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. 101-1Nonconforming 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. 101-2Any 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. 101-3Nothing 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) PERSON COUNTY PLANNING ORDINANCE 198 4. 101-4If 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. 101-5A 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. 101-6If a nonconforming structure or a conforming structure devoted to a nonconforming activity is destroyed or damaged in any manner, to the extent that the cost of restoration to its condition before the occurrence shall not exceed 60 percent of the cost of reconstructing the entire structure based on the assessed structure value, as recorded by the County Tax Assessor, it may be repaired or restored, provided such repair or restoration is started within six (6) months of the damage and completed within twelve (12) months. However, any nonconforming building which is damaged may only be replaced by a structure of equal or smaller size and square footage as that of the previous structure. Relief to the time limits may be granted by the Board of Adjustment. (Added 11/17/2003) 7. 101-7A 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) A.As a conforming use. b) B.If the use is a one-family dwelling, restoration shall be permitted. c) 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. 101-8 (Deleted 6/3/2013) 9. 101-9Nonconforming 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. 101-10The 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, PERSON COUNTY PLANNING ORDINANCE 199 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. 101-11When 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) SECTION 102 - REPAIRS AND MAINTENANCE SECTION 103 – REPAIRS AND MAINTENANCE 1. 102-1Nothing 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. 102-2Should any nonconforming structure be moved for any reason within the Zoning Jurisdiction of Person County, it shall conform to the regulations for the district in which it is to be located. SECTION 103 - NONCONFORMING LOTS OF RECORD (Amended 2/1/93) SECTION 104 – NONCONFORMING LOTS OF RECORD (Amended 2/1/93) 104-1 (Deleted 6/3/2013) PERSON COUNTY PLANNING ORDINANCE 200 ARTICLE XI SECTION 110 - OFF-STREET PARKING AND LOADING (Amended 3/8/99; 9/2/2008; Added 8/4/2008; Amended 9/6/2016) 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 PERSON COUNTY PLANNING ORDINANCE 201 Community or Private Swimming Clubs 1 space for every 5 memberships Day Care Center 1 space for each adult attendant and 1 space for every six children or fraction thereof Restaurants 1 space for each 5 seats Assisted Living/Home for the Aged (amended 3/8/99) 1 space for every 2 bed spaces Independent Living Facility (age restricted) (added 8/4/2008) 1 space per unit and 1 space per employee during maximum employment PERSON COUNTY PLANNING ORDINANCE 202 ARTICLE XII SIGNS (Amended 3/17/97, 7/7/97, 7/2/2001) ARTICLE XII – SIGNS (Amended 3/17/97, 7/7/97, 7/2/2001) SECTION 120 -- PURPOSE AND SCOPE SECTION 121 – PURPOSE AND SCOPE This article 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 121 -- SIGN COMPLIANCE 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 article ordinance is allowed to contain non-commercial copy in lieu of any other copy. (Amended 7/7/97) SECTION 122 -- SIGNS EXEMPTED SECTION 123 – SIGNS EXEMPTED The following signs shall be exempt from regulations under this article 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; PERSON COUNTY PLANNING ORDINANCE 203 4.Signs carried by people; 5.Signs located on the interior of buildings, courts, lobbies, stadiums or other structures which are not intended to be seen from the exterior of such structures; and, 6.Signs not visible from a public or private street. SECTION 123 - TEMPORARY SIGNS 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 124 -- ON-PREMISE SIGNS PERSON COUNTY PLANNING ORDINANCE 204 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. 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 (Article VIII, Section 80). 51(Added 7/2/2001) 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) 51 Article III, V, VI, VII, VIII, XIII, XIV, XV PERSON COUNTY PLANNING ORDINANCE 205 10.Fuel canopy signage is permitted provided the signage is limited to logo signs and shall not exceed twelve (12) square feet per canopy side. Signage is not allowed to exceed beyond the vertical edge of the canopy. (Added 7/2/2001) 11.This section shall be deemed complied with if such on-premise signs are specifically included as part of sign plan approved as condition of, or pursuant to a special use permit. SECTION 125 -- HOME OCCUPATION SIGNS Home Occupation Signs A home occupation shall be permitted one sign professional or announcement sign per dwelling unit not exceeding six (6) square feet in area. SECTION 126 -- SUBDIVISION AND MULTI-FAMILY DEVELOPMENT ENTRANCE SIGNS Subdivision And Multi-Family Development Entrance Signs At any entrance to a residential subdivision or multi-family development, there may be not more than two ground signs to identify or identifying such subdivision or development. A single face of any such sign may not exceed 16 square feet, nor may the total surface area of all such signs located at a single entrance exceed 32 square feet. SECTION 127 -- INDUSTRIAL PARK ENTRANCE SIGNS 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 128 -- OFF-PREMISE ADVERTISING SIGNS 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. PERSON COUNTY PLANNING ORDINANCE 206 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. 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. PERSON COUNTY PLANNING ORDINANCE 207 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. SECTION 129 -- OFF-PREMISE DIRECTIONAL SIGNS Off-Premise Directional Signs Off-premise directional signs do not require a zoning permit; however, these signs shall conform to the standards of this article ordinance and other applicable parts of this ordinance. An off-premise directional sign which does not meet such provisions of this article ordinance shall be considered in violation of the ordinance. An off-premise directional sign shall not exceed thirty-two (32) square feet in area per sign face, or have more than one sign face per directional flow of traffic, or no more than two (2) sign faces per sign structure, or exceed six (6) feet in height. Not more than three (3) off-premise directional signs shall contain directions to the same business or activity. SECTION 130 -- SIGN ILLUMINATION 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 131 -- COMPUTATIONS Computations The area and height of a sign shall be computed as follows: PERSON COUNTY PLANNING ORDINANCE 208 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 132 -- PROHIBITED SIGNS Prohibited Signs (Revised 11/5/01) The following signs are prohibited: 1.Any non-governmental sign which resembles a public safety warning or traffic sign; 2.Signs with animated, blinking, chasing, flashing or moving effects except as used to display time, temperature and messages on an electronic message board, no signs shall contain flashing lights. (Revised 11/5/01) 3.Animated, rotating, or other moving or apparently moving signs. (Revised 11/5/01) SECTION 133 - SIGN MAINTENANCE 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. PERSON COUNTY PLANNING ORDINANCE 209 Maintenance of sign supports, braces, poles, wires and other appurtenances of the sign or sign structure and not the result of damage or destruction shall not require a zoning permit, provided the sign is not enlarged, moved, or altered in any manner which would create or increase a nonconforming condition. A sign face shall be in a state of disrepair when more than twenty (20%) of its' total surface is disfigured, cracked, ripped or peeling paint or poster paper, or any combination of these conditions. No sign shall be allowed to stand with bent or broken sign facing, broken supports, loose appendages or struts. No sign or sign structure shall be allowed to have weeds, vines or other vegetation growing on it and obscuring it from the road or highway from which it is intended to be viewed. No illuminated sign shall be allowed to operate with partial illumination. SECTION 134 -- NONCONFORMING SIGNS Nonconforming Signs All signs made nonconforming by this article 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. PERSON COUNTY PLANNING ORDINANCE 210 ARTICLE XIII ADMINISTRATIVE POWERS AND DUTIES (Amended 5/3/21) SECTION 140 - ADMINISTRATION ARTICLE XIII – ADMINISTRATIVE POWERS AND DUTIES (Amended 5/3/21) SECTION 131 – ADMINISTRATION 140-1 Duties Duties assigned to staff may include, but are not limited to, drafting and implementing plans and development regulations to be adopted pursuant to this Ordinance; determining whether applications for development approvals are complete; receipt and processing applications for development approvals; providing notices of applications and hearings; making decisions and determinations regarding development regulation implementation; determining whether applications for development approvals meet applicable standards as established by law and local ordinance; conducting inspections; issuing or denying certificates of compliance or occupancy; enforcing development regulations, including issuing notices of violation, orders to correct violations, and recommending bringing judicial actions against actual or threatened violations; keeping adequate records; and any other actions that may be required in order adequately to enforce the laws and development regulations under their jurisdiction. A development regulation may require that designated staff members take an oath of office. The local government shall have the authority to enact ordinances, procedures, and fee schedules relating to the administration and the enforcement of this Ordinance. The administrative and enforcement provisions related to building permits set forth in N.C.G.S. Article 11 shall be followed for those permits (N.C.G.S. 160D-402). 140-2 Conflict of Interest No staff member shall make a final decision on an administrative decision required in this Ordinance if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship. If a staff member has a conflict of interest under this section, the decision shall be assigned to the supervisor of the staff person or such other staff person as may be designated by the development regulation or other ordinance. No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under this Ordinance unless the staff member is the owner of the land or building involved. No staff member or other individual or an employee of a company contracting with a local government to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of the local government, as determined by the local government (N.C.G.S. 160D-109) PERSON COUNTY PLANNING ORDINANCE 211 141-3 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 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 141 APPROVALS AND COMPLIANCE SECTION 132 – APPROVALS AND COMPLIANCE 141-1 ZONING PERMIT (Amended 11/18/91; 3/17/97; 5/3/21) Zoning Permit (Amended 11/18/91; 3/17/97; 5/3/21) 1.a)Unless otherwise stated in this ordinance, no building, structure (a sign is considered a structure) or any part thereof designed or intended to be used for other than farm or agricultural purposes, shall be erected or altered until Zoning permit has been issued by the Zoning Administrator or authorized representative. (Amended 3/17/97) 2. b)Each application for a Zoning Permit shall be accompanied by a plat, drawn to scale, showing accurate dimensions of the lot to be built upon, accurate dimensions of the building to be erected, its location on the lot, and such other information as may be necessary to provide for the enforcement of this ordinance. An accurate record of such applications and plats, together with a record of the action taken thereon shall be kept in the office of the Person County Planning Department. The Zoning Enforcement Officer may waive any of these application requirements. 3.c)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. 141-2 Permit of Occupancy/Compliance 1.a)No land shall be used or occupied, except for farm purposes, and no building or structure erected or altered shall be used or changed in use for other than farm purposes until a Permit of Occupancy/Compliance has been issued by the Zoning Enforcement Officer stating that PERSON COUNTY PLANNING ORDINANCE 212 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. 2. b)No gas, electric, or water company or municipal departments shall provide utility services or install a meter at a construction site unless a Zoning Permit has been issued for a building or use at that location. No gas, electric, or water company or municipal department shall provide utility service or install a meter in any building or premise or part thereof hereafter, created, erected, changed, converted, altered or enlarged, wholly or part in its use or structure unless a Certificate of Compliance shall have been issued thereof. 3.c)Performance Guarantees a)1.In the event that the required improvements or construction has not been completed prior to the final zoning inspection, the developer shall guarantee the completion of the required 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.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, ii.b)Depositing or placing in escrow a certified check or cash in an amount to be determined by the County Manager or his/her designee upon recommendation of the County Engineer. Portions of the security deposit may be released as the work progresses, or, PERSON COUNTY PLANNING ORDINANCE 213 iii.c)Filing an irrevocable letter of credit guaranteeing payment to Person County in the event of default in an amount to be determined by the County Manager or his/her designee upon recommendation of the County Engineer, or, iv.d)Other form of guarantee that provides equivalent security to a surety bond or letter of credit. (SL 2019-79 SB 313) b) 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) c)3.The developer shall have the option to post one type of a performance guarantee as provided for in this subsection, in lieu of multiple bonds, letters of credit, or other equivalent security, for all development matters related to the same project requiring performance guarantees. Performance guarantees associated with erosion control and stormwater control measures are not subject to the provisions of this section. (SL 2019- 79 SB 313) d) 4.A developer shall demonstrate reasonable, good-faith progress toward completion of the required improvements that are secured by the performance guarantee or any extension. If the improvements are not completed to the specifications of the Person County, and the current performance guarantee is likely to expire prior to completion of the required improvements, the performance guarantee shall be extended, or a new performance guarantee issued, for an additional period; provided, however, that the extension shall only be for a duration necessary to complete the required improvements. If a new performance guarantee is issued, the amount shall be determined by the procedure provided in this subsection and shall include the total cost of all incomplete improvements. (SL 2019-79 SB 313) e)5.A performance bond or other guaranty as allowed in this subsection may be reduced proportionally upon the satisfactorily completion of some of the required improvements. Any reduction shall be limited only to that percentage of completion as determined and certified by the Zoning Administrator. The reduction shall not exceed 75% of the said original bond or guaranty. f)6.When the required improvements have been completed the developer shall notify the Planning and Zoning Administrator. The Planning and Zoning Administrator shall request comments relative to those improvements from the North Carolina Department of Transportation, the Soil Conservation Service and the Person County Health Department, who will notify the Planning and Zoning Administrator that the improvements have been installed to their satisfaction. The Planning and Zoning PERSON COUNTY PLANNING ORDINANCE 214 Administrator shall request in writing to the County Manager to release the bond, letter of credit or funds from escrow. When required improvements that are secured by a bond are completed to the specifications of Person County, or are accepted by Person County, if subject to county acceptance, upon request by the developer, Person County shall timely provide written acknowledgement that the required improvements have been completed. In the event of default by the developer, the County Manager is authorized to call for payment of the bond or letter of credit or to release security from escrow and to utilize such funds for the completion of improvements in a manner as determined by the Board of Commissioners. SL 2019-79 SB 313) SECTION 142 ENFORCEMENT AND PENALTIES SECTION 133 – ENFORCEMENT AND PENALTIES 142-1 Inspections Local Administrative staff may inspect work undertaken pursuant to a development approval to assure that the work is being done in accordance with applicable State and local laws and of the terms of the approval. In exercising this power, staff are authorized to enter any premises within the jurisdiction of the local government at all reasonable hours for the purposes of inspection or other enforcement action, upon presentation of proper credentials, provided the appropriate consent has been given for inspection of areas not open to the public or that an appropriate inspection warrant has been secured (N.C.G.S. 403(e)). 142-2 Notice of 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)). 142-3 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 PERSON COUNTY PLANNING ORDINANCE 215 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)). 142-4 Penalties 1.a)Subject to the provisions of the development regulation, any development regulation adopted pursuant to authority conferred by N.C.G.S Article 4 may be enforced by any of the following remedies: a)1Any 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) 2Each day a violation exists shall be a separate violation hereunder. (Amended 11/17/2003) 2. b)This Ordinance may be enforced by an appropriate equitable remedy, including temporary restraining order, preliminary injunction and permanent injunction as issued by a court of competent jurisdiction. (Amended 11/17/03) (N.C.G.S. 160D-404(c)). SECTION 143 PLANNING BOARD(Added 8/4/25) SECTION 134 – PLANNING BOARD (Added 8/4/25) 143-1 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. 143-2 Duties It shall be the duty of the Planning Board, in general; 1.a)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. PERSON COUNTY PLANNING ORDINANCE 216 2. b)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. c)To prepare and from time to time amend and revise a comprehensive and coordinated plan for the physical development of the area; 4. d)To establish principles and policies for guiding action in the development of the area; 5. e)To prepare and recommend to the Board of County Commissioners ordinances promoting orderly development along the lines indicated in the comprehensive plan; 6. f)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. g)To keep the Board of County Commissioners and the general public informed and advised as to these matters; 8. h)To perform any other duties which may lawfully be assigned to it. SECTION 144 BOARD OF ADJUSTMENT(Added 8/4/25) SECTION 135 – BOARD OF ADJUSTMENTS (Added 8/4/25) 144-1 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. 144-2 Duties It shall be the duty of the Board of Adjustment, in general; 1. a)To hear and decide appeals from any order, requirement, decision, or determination made by the County Planner in the enforcement of this Ordinance; 2. b)To hear and decide specific variances; 3. c)To perform any other duties which may lawfully be assigned to it. PERSON COUNTY PLANNING ORDINANCE 217 ARTICLE XVII – SUBDIVISION REGULATIONS ARTICLE XIV – SUBDIVISION REGULATIONS These regulations shall hereafter be known, cited and referred to as the Subdivision Regulations of Person County, North Carolina. SECTION 171 - AUTHORITY AND ENACTMENT CLAUSE Authority and Enactment Clause 11-1 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). 11-2 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. 11-3 The regulations as herein described are adopted for the following purposes: 1.(a)To protect and provide for the public health, safety and general welfare of the citizens of Person County. 2.(b)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. 3.(c)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. 4.(d)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. 5.(e)To ensure that public facilities are available and are sufficient to accommodate the needs of the proposed subdivision. 6.(f)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 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. 7.(g)To preserve the natural beauty and topography of the county and to ensure that development is consistent with indigenous natural and physical features. PERSON COUNTY PLANNING ORDINANCE 218 8. (h)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. SECTION 14 – JURISDICTION Jurisdiction 14-1 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. 14-2 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. 14-3 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. SECTION 15 - SAVING PROVISION Saving Provision 15-1 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. SECTION 16 – SUBDIVISION TYPES (Amended: 5-3-99, 11-18-25) SECTION 141 – SUBDIVISION TYPES (Amended: 5-3-99, 11-18-25) 16-1 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. a)The combination or recombination of portions of previously subdivided and recorded lots if the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the county as shown in its subdivision regulations. PERSON COUNTY PLANNING ORDINANCE 219 2.b)The division of land into parcels greater than ten (10) acres if no street right-of-way dedication is involved. 3.c)The public acquisition by purchase of strips of land for the widening or opening of streets. 4.d)The division of a tract in single ownership, the entire area of which is no greater than two acres into not more than three lots, if no street right-of-way dedication is involved and the resultant lots are equal to or exceed the standards of the county as prescribed herein. 5. a)The division of land for use as gravesites. 6.f)A division of land which has been created by a judicial partition and/or sale. 7.g)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. 8.(i)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 16-2 Family Subdivisions Family subdivisions of property, for residential purpose and use by family members, must meet the following conditions: (Added 5-7-01) 1.a)Family member status is granted to a person who is a direct lineal or adopted descendant, lineal ascendant, sibling or spouse of the grantor. 2.b)Legal documents such as a birth certificate, marriage certificate or adoption papers will be used to show family relationship. PERSON COUNTY PLANNING ORDINANCE 220 3. c)When a family subdivision is made, the plat map must have a plat map disclaimer affixed, which clearly states, “This is a family subdivision and road improvements are not required unless further subdivided”. 4. d)Easements to the family subdivision lots must clearly show on the plat map and include the following annotation: “Access is over a private road right-of-way, a road maintenance agreement is not required and may not be available.” 5. e)Family subdivision of property shall be made only one time per family member. (Added 5-7-01; Amended 8-01-05) Family subdivisions of property will not cause any road improvement or construction requirement of this ordinance to be imposed. A Family Subdivision may be further subdivided pursuant to this ordinance. 16-3 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. a)Create more than 5 lots, including any remainder. 2. b)Dedicate a new public road 3. c)Extend an existing non-conforming private road 4. d)Extend or require the extension of municipal facilities 5. e)Create any public improvements 16-3.1 Options for access within a minor subdivision 1. a)Frontage on a public road 2. b)Creation of a new private road meeting the Private Road Construction Standards for Person County 3. c)Frontage on an existing private road 4. d)Frontage on a private access easement fifty (50) feet in width and for the exclusive use of a single residential unit established on such lot. The access shall be maintained in a condition passable for emergency and service vehicles, and that no such access shall be established closer than one- hundred- fifty (150) feet to any other previously recorded access. (Amended 5/3/99) PERSON COUNTY PLANNING ORDINANCE 221 All private roads and access easements meeting the minimum standard in the Addressing and Road Naming Ordinance for Person County must be named at the time of plat recordation and the name must be shown on the plat. 16-4 Major Subdivisions 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) 16-5 SECTION 17 - CONDITIONS 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 172 - PROCEDURES FOR REVIEW AND APPROVAL OF MINOR SUBDIVISION SECTION 142 – PROCEDURES FOR REVIEW AND APPROVAL OF MINOR SUBDIVISIONS SECTION 21- SUBMISSION OF MINOR FINAL PLAT TO THE PLANNING AND ZONING ADMINISTRATOR (As amended 11-3-97, 5-3-99, 5-3-2021) 21-1 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.(a)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.(b)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) 21-2 The following information shall also be included: PERSON COUNTY PLANNING ORDINANCE 222 •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.(a)All certificates as required by GS 47-30, as amended. 2.(b)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 21-3 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. 21-4 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 173 - PROCEDURES FOR REVIEW AND APPROVAL OF MAJOR SUBDIVISIONS SECTION 30 - 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) SECTION 143 – PROCEDURES FOR REVIEW AND APPROVAL OF MAJOR SUBDIVISIONS 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) 1.30-1The requirements for obtaining concept plan approval are as follows: a)(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 PERSON COUNTY PLANNING ORDINANCE 223 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) (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. 30-2In 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. 30-3The Planning and Zoning Administrator shall forward the concept plan of the major subdivision to the Planning Board for review and approval. 4. 30-4After 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. 30-5Failure 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) (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. 30-6The 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 PERSON COUNTY PLANNING ORDINANCE 224 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. 30-7At 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 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) 30-7.1Vested 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) 30-7.2Vested 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) 30-7.3Approval 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) 30-7.4The 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. PERSON COUNTY PLANNING ORDINANCE 225 e)30-7.5The 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)30-7.6A vested right established by an approved site specific development plan shall terminate: i.(a)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.(b)With the written consent of the applicant and/or landowner; or, iii.(c)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 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.(d)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.(e)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)30-7.7Nothing 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 PERSON COUNTY PLANNING ORDINANCE 226 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. SECTION 31 - SUBMISSION OF THE MAJOR CONSTRUCTION PLAT TO THE ZONING ADMINISTRATOR (As amended 10-17-88, 6-19-89, 5-3-99) SECTION 144 – SUBMISSION OF THE MAJOR CONSTRUCTION PLAT TO THE ZONING ADMINISTRATOR (As amended 10-17-88, 6-19-89, 5-3-99) 1.31-1The 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. 2.31-2If 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 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. 3.31-3The 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. SECTION 32 - SUBMISSION OF THE MAJOR FINAL PLAT TO THE PLANNING AND ZONING ADMINISTRATOR (As amended: 5-3-99) SECTION 145 – SUBMISSION OF THE MAJOR FINAL PLAT TO THE PLANNING AND ZONING ADMINISTRATOR (As amended: 5-3-99) PERSON COUNTY PLANNING ORDINANCE 227 1.32-1The requirements for obtaining major final subdivision plat approval are as follows: a)(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)(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. 32-2The following certificates shall be placed on the final plat: a)(a)All certificates as required by GS 47-30 as amended. b)(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) __________________________________________ Planning and Zoning Administrator Date 3.32-3No 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. 4.32-4The 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. 5.32-5A 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 PERSON COUNTY PLANNING ORDINANCE 228 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 33 - BONDING REQUIREMENTS (As amended 5/3/99; 6/5/06; 5/3/2021) SECTION 146 – BONDING REQUIREMENTS (As amended 5/3/99; 6/5/06; 5/3/2021) 1.33-1In 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 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) 2.33-2The 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 PERSON COUNTY PLANNING ORDINANCE 229 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. 33-3The 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. 33-4A 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. 33-5When 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 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. 33-6The 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. 33-7The 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 PERSON COUNTY PLANNING ORDINANCE 230 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 174 - RESUBDIVISION PROCEDURES 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 175 - DESIGN STANDARDS SECTION 50 - DISCLOSURE OF ROAD STATUS (As amended 5-3-99; 4-3-00, 5-21-01; 1-07-02; 8-01-05) (Added 4-3-2000; 5-7-2001) SECTION 147 – DESIGN STANDARDS 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) 1.50-1 All streets within the subdivision regulation jurisdiction of Person County shall have a public or private designation and comply with either the minimum construction standards for secondary roads as required by the North Carolina Division of Highways for public roads or with minimum construction standards of private subdivision roads as specified herein. However, the Planning Board encourages the subdivider to use the public designation and give careful consideration to the design of streets in accordance with those standards provided by the North Carolina Department of Transportation. (Amended 5-21-01) 2.50-2 The developer shall comply with North Carolina General Statute 136- 102.6 which provides for a disclosure statement from the developer to the purchaser establishing the status 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 PERSON COUNTY PLANNING ORDINANCE 231 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)50-2.2 If the street is designated by the developer and seller as a private street, the developer and seller shall include in the disclosure statement an explanation of the consequences and responsibility as to maintenance of a private street, and shall fully and accurately disclose the party or parties upon whom responsibility for construction and maintenance of such street or streets shall rest, and shall further disclose that the street or streets will not be constructed to minimum standards, sufficient to allow their inclusion on the State highway system for maintenance. c)50-2.3 A copy of the disclosure statement shall be given to the buyer. Written acknowledgment of receipt of the disclosure statement by the buyer shall be conclusive proof of the delivery thereof. (Amended 5- 21-01) 3.50-3 In subdivisions in which there are seven or more lots, roads shall be designated “Public” and comply with subdivision roads minimum construction standards required by the North Carolina Department 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) 4.50-4 Private roads may be used to serve 6 or less lots but must be constructed in accordance with a policy entitled: " Minimum Construction Standards for Private Roads, Person County, North Carolina" except where the provisions of Section 51 of the subdivision ordinance impose additional requirements for layout or design. (Amended 5-21-01; 1-07-02) 5.50-5 Private roads or private access easements may be used in Family Subdivisions. Family subdivisions are exempted from road construction requirements. However, the access shall be the width necessary and maintained in a condition passable for emergency and service vehicles, and that no such access shall be established closer than one- hundred-fifty (150) feet to any other previously recorded access. 6.50-6 Private roads or private access easements may be used in Minor Subdivisions. A recorded access at least fifty (50) feet in width and for the exclusive use of a single residential unit established on such lot is acceptable. However, the access shall be maintained in a condition passable for emergency and service vehicles, and that no such access shall be established closer than one- hundred-fifty (150) feet to any other previously recorded access. (Amended 5/3/99) 7.50-7 Provisions to address existing conditions a)On subdivision roads constructed to NCDOT specifications and unpaved between May 3, 1999, and May 7, 2001, serving the maximum of 24 lots, there shall be no additional lots PERSON COUNTY PLANNING ORDINANCE 232 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) Street Design Standards - General Provisions (As amended 10-17-88, 11-7-94, 5-3-99) 1. 51-1 In any new subdivision, the street layout shall conform to the arrangement, width and location included on any official plans for Person County. In areas for which such plans have not been completed, the streets shall be designed and located in proper relation to existing and proposed streets, to the topography, to such natural features as streams and tree growth, to public convenience and safety, and to the proposed use of land to be served by such streets. 2. 51-2 Street layouts shall be as follows: a) (a)Street jogs with center line offsets of less than one-hundred-fifty (150) feet shall be avoided. b) (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. PERSON COUNTY PLANNING ORDINANCE 233 c)(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)(d)Turn arounds shall have a minimum of seventy (70) feet (driving surface) unless NCDOT standards are greater. e)(e)Two means of ingress/egress (loop roads) are preferred. (Amended 5/3/99) f)(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). 3.51-3 Left Blank 4.51-4 A partial-width right of way may be allowed in a subdivision where: a)(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)(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)(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)(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)(e)If one or more of the following conditions are met: i.(1)When the partial width right-of-way adjoins undeveloped property and is not less than twenty-five (25) feet in width, and when said adjoining undeveloped property is subdivided and the remainder of the full required right-of-way can be dedicated. PERSON COUNTY PLANNING ORDINANCE 234 ii. (2)When access to the subdivision is across property owned by other than the applicant and the property owner is unwilling to grant, sell or otherwise convey the full required right-of-way width to the applicant. iii. (3)When pre-existing conditions preclude the provision of full right of way due to the pattern of adjacent development, historical common access and/or site-specific physical constraints. f) (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. 51-5 Alleys shall be required in all blocks along the rear line of business property. Alleys may also be required in multiple family residential or industrial blocks if, in the opinion of the Planning Board, alleys are needed to service these areas. All permanent dead-end alleys shall be provided with a turnaround. 6. 51-6 No alley shall have access from a major street or highway but shall have its access points confined to minor streets. 7. 51-7 In order to provide a uniform system of road naming along both public and private roads; to eliminate duplicate or phonetically similar street names; to provide for the uniform marking of public and private streets and roadways; and to establish procedures by which road names can be named or renamed the "Road Naming Ordinance for the County of Person, North Carolina" is incorporated herein by reference. 8. 51-8 Where a tract of land to be subdivided adjoins a federal or state highway, the subdivider may be required to provide a marginal access street parallel to the highway or reverse frontage on an interior street for the lots to be developed adjacent to the highway. If reverse frontage is required, then the 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. 51-9 Drainage pipes shall be installed under driveways which cross a drainage ditch and these pipes shall have a minimum inside dimension of fifteen (15) inches. This requirement may be waived when valley gutter system is approved. 10. 51-10 Driveways shall be constructed so that drainage water will not run into the road or highway. 11. 51-11 In all major subdivisions which adjoin a major highway or state secondary road having an average daily traffic count of 2,000 vehicles or more, the subdivider shall reserve a twelve PERSON COUNTY PLANNING ORDINANCE 235 (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. 12.51-12 In all major subdivisions which adjoin a major highway or state secondary road having an average daily traffic count of 3,000 vehicles or more, the developer shall be required to construct a right turn lane into the major subdivision. Right turn lanes shall not be required where there is not sufficient road frontage along the land being subdivided and there is not sufficient right-of-way on adjacent property to construct the turn lane. It shall be the applicant's responsibility to provide written explanation of why there is not sufficient area to construct the turn lane. SECTION 52 - BLOCKS Blocks 1.52-1 Intersecting streets shall be laid out at such intervals that block lengths are not more than twenty-four hundred (2400) feet nor less than four hundred (400) feet except where, in the opinion of the Planning Board, existing conditions justify a modification of this requirement. 2.52-2 Blocks shall have sufficient width to provide for two tiers of lots of appropriate depth, except where otherwise required to separate residential development from through traffic or nonresidential uses 3.52-3 Pedestrian ways or cross walks, not less than ten (10) feet in width shall be provided near the center and entirely across any block 1,200 feet or more in length or at the end of cul-de-sacs, where deemed essential, in the opinion of the Planning Board, to provide adequate pedestrian circulation or access to schools, shopping areas, churches, parks, playgrounds, transportation or other similar facilities. SECTION 53 - LOTS (As Amended 11-18-91, 5-3-99; 10-7-2002) Lots (As Amended 11-18-91, 5-3-99; 10-7-2002) 1.53-1 Lot sizes, shapes, and locations shall be made with due regard to topographic conditions, contemplated use, and the surrounding area. Land subject to flooding and land deemed by the Planning Board to be uninhabitable for other reasons shall not be platted for residential occupancy, nor for such other uses as may increase danger to health, life or property, or aggravate the flood hazard, but such land as may be set aside for such uses as will not be PERSON COUNTY PLANNING ORDINANCE 236 endangered by periodic or occasional inundation, or will not produce unsatisfactory living conditions 2. 53-2 Every lot shall front or abut on a dedicated street or a private road constructed in accordance with the provisions of this Ordinance unless otherwise allowed due to the type of subdivision or other provision of this ordinance: 3. 53-3 Proposed lot lines and the centerline of a proposed street may be coterminous, provided however that a ten (10) foot utility easement is located within the proposed street right of way. Further, that portion of the lot which is located within the proposed street right of way may be used to comply with minimum lot size requirements shown in Section 55. 4. 53-4 Residential lots not having access to public water and public sewage disposal shall be at least 43,560 square feet in area of usable land not less than one hundred (100) feet wide at the building line. 5. 53-5 Where public water and sewer facilities are not available and individual water supplies or individual sewage disposal systems are planned, the subdivider, at his own expense, shall have the site investigated under the supervision of the County Health Department or other person approved by the County Health Department to determine whether or not such individual facilities are feasible and shall present proof to the Planning Board that appropriate soil tests have been conducted and each lot in the subdivision not served by public water and sewage disposal systems has been approved by the County Health Department for individual water supplies and/or sewage disposal systems. The site investigation for sewage disposal shall include sufficient number of percolation tests, and test holes 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. 53-6 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. 53-7 Side lot lines shall be substantially at right angles or radial to street lines. 8. 53-8 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. PERSON COUNTY PLANNING ORDINANCE 237 9.53-9 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 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)(a) Where necessary to eliminate access onto arterials. b)(b) To reasonably utilize irregularly shaped land. c)(c) To reasonably utilize land with difficult topography. d)(d) To reasonably utilize land with limited site suitable for septic tank nitrification. e)(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)(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) SECTION 54 PERSON COUNTY PLANNING ORDINANCE 238 Reserved. SECTION 55 Reserved 145-7 Easements 1.56-1 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. 2.56-2 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. 3.56-3 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. 4.56-4 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. 5.56-5 Street lighting is optional; however, provisions for street lighting should be incorporated with the developer's utility plans if street lighting is proposed. 6.56-6 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 1.57-1 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 176 - IMPROVEMENTS AND INSTALLATION OF PERMANENT REFERENCE POINTS PERSON COUNTY PLANNING ORDINANCE 239 SECTION 60 - IMPROVEMENTS AND MONUMENTS (As amended 5-3-99) Improvements and Installation of Permanent Reference Points 146-1 Improvements and Monuments (As amended 5-3-99) 1. 60-1 No subdivisions shall be granted final approval unless the following improvements either have been constructed or approved as prescribed by this ordinance Article V, Design Standards. 2. 60-2 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 Article V of this Ordinance. 3. 60-3 All monuments shall be shown on the final plat. (amended 5/3/99) a) (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 177 - ADMINISTRATION SECTION 70 - MODIFICATIONS SECTION 148 – ADMINISTRATION Modifications 1. 70-1 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. SECTION 71 – VARIATIONS PERSON COUNTY PLANNING ORDINANCE 240 (As amended 5-3-99) Variations (As amended 5-3-99) 1.71-1 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) SECTION 72 - PENALTY Penalty 2.72-1 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. SECTION 73 - FILING OF PLAT (As amended 5/3/99) Filing of Plat (As amended 5/3/99) 1.73-1 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 PERSON COUNTY PLANNING ORDINANCE 241 approval of the Planning and Zoning Administrator as required by this Ordinance, shall be null and void. (amended 5/3/99) SECTION 74 - SEPARABILITY Separability 1. 74-1 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. 74-2 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. SECTION 75 - AMENDMENT PROCEDURE (Amended 11-18-91) Amendment Procedure (Amended 11-18-91) 1. 75-1 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 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. SECTION 76 - EFFECTIVE DATE Effective Date 1. 76-1 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. SECTION 77-VIOLATION OF SUBDIVISION REGULATIONS (Added 11/17/2003) Violation of Subdivision Regulations (Added 11/17/2003) 1. 77-1 Violation: PERSON COUNTY PLANNING ORDINANCE 242 a)1) 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)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. (Added 11/17/2003) SECTION 78 – APPEALS (Added 5/3/2021) Appeals (Added 5/3/2021) 1.78-1 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. 2.78-2 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. 3.78-3 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 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. 4.78-4 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. 5.78-5 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 PERSON COUNTY PLANNING ORDINANCE 243 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) 6.78-6 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) 7.78-7 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. 8.78-8 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: 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. 9.78-9 A copy of the writ of certiorari shall be served upon the Person County. GLOSSARY INTERPRETATION OF TERMS AND DEFINITIONS SECTION 149 – GLOSSARY 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. PERSON COUNTY PLANNING ORDINANCE 244 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". 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. 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 PERSON COUNTY PLANNING ORDINANCE 245 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. PERSON COUNTY PLANNING ORDINANCE 246 Grade The slope of a road, street, or other public way specified in percentage (%) terms. Improvements - (See Lot Improvement). 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. PERSON COUNTY PLANNING ORDINANCE 247 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 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 PERSON COUNTY PLANNING ORDINANCE 248 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 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 PERSON COUNTY PLANNING ORDINANCE 249 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. PERSON COUNTY PLANNING ORDINANCE 250 Major Thoroughfare Streets and highways primarily for through, fast or heavy traffic. 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 PERSON COUNTY PLANNING ORDINANCE 251 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) PERSON COUNTY PLANNING ORDINANCE 252 ARTICLE XV DEVELOPMENT APPLICATION REVIEW PROCEDURES AND ADMINISTRATION (Amended 5/3/21) SECTION 150 GENERAL ARTICLE XV – DEVELOPMENT APPLICATION REVIEW PROCEDURES (Amended 5/3/21) SECTION 151 – GENERAL a)This article ordinance establishes the procedures for all approvals, administrative reviews and administrative relief required by this Ordinance. This ordinance article provides the user with a guide to the procedures to be followed and the criteria for making decisions on each of the applications. It also provides for appeals from decisions taken to the courts. b)Development approvals shall be in writing and may contain a provision that the development shall comply with all applicable State and local laws. Person County may issue development approvals in print or electronic form. Development approvals issued exclusively in electronic form shall be protected from further editing once issued (N.C.G.S. 160D-403). c)All rights, privileges, benefits, burdens, and obligations created by development approvals made pursuant to this ordinance Article and the North Carolina General Statute attach to and run with the land (N.C.G.S. 160D-104). d)Applications for development approvals may be made by the landowner, a lessee or person holding an option or contract to purchase or lease land, or an authorized agent of the landowner. An easement holder may also apply for development approval for such development as is authorized by the easement (N.C.G.S. 160D-403). 150-1 1. Duraltion of Approval a)Development approvals are valid for the following time periods: i.1. Development approvals (Zoning permits, Stormwater permits and Floodplain permits) 1 Year ii.2. Site-specific vesting plans (Special Use Permits, PUDs, subdivision plats, site plans, preliminary or general development plans, CD-rezonings, and formerly site specific and phased development plans) 2-5 Years iii.3. Multi-phased development plans Up to 7 Years PERSON COUNTY PLANNING ORDINANCE 253 b) After a development approval has been issued, no deviations from the terms of the application or the development approval shall be made until written approval of proposed changes or deviations has been obtained. This section defines major modifications to development approvals that cannot be exempted or administratively approved. Person County shall follow the same development review and approval process required for issuance of the development approval in the review and approval of any major modification of that approval (N.C.G.S. 160D-403). c) Development approvals shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of any applicable local development regulation or any State law delegated to the local government for enforcement purposes in lieu 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). 150-2 Whenever the Board of Commissioners or Board of Adjustment disapproves a petition from a member of the public (i.e., appeal, request for a special use permit, variance, request for an interpretation, request for text or official Planning Map Amendment, vested rights, etc.) on any basis other than the failure of the applicant to submit a complete application, such action may not be considered until a period of twelve months’ elapses, unless applicant clearly demonstrates that: 1. Circumstances affecting the property that is the subject of the application have substantially changed; or, 2. New information is available that could not with reasonable diligence have been presented at a previous hearing. A request to be heard on this basis must be filed with the Zoning Administrator within the time period for an appeal to superior court. However, such a request does not extend the period with which an appeal must be taken. Notwithstanding items (1) and (2) listed above, the applicable Board, may at any time consider a new application affecting the same property as an application previously denied. A new application is one that differs in some substantial way from the one previously considered. This determination shall be rendered by the Zoning Administrator within 30 days from the date of submittal. (Amended 8/5/96) 150-3 Appeals may be made to the Board of Adjustment for any administrative determination under a development regulation, except for Special Use Permits. The owner or other party shall have PERSON COUNTY PLANNING ORDINANCE 254 30 days from receipt of the written notice of the determination within which to file an appeal. Any other person with standing to appeal shall have 30 days from receipt from any source of actual or constructive notice of the determination within which to file an appeal. In the absence of evidence to the contrary, given by first class mail shall be deemed received on the third business day following deposit of the notice for mailing with the United States Postal Service (N.C.G.S. 160D-405). SECTION 151 - CONDITIONAL USE PERMITS AND SPECIAL USE DISTRICTS ISSUED PRIOR TO 5/3/2021 SECTION 152 – CONDITIONAL USE PERMIT AND SPECIAL USE DISTRICTS ISSUED PRIOR TO 5/3/2021 151-1 Any special use district or conditional use district zoning district that is valid and in effect as of January 1, 2021 shall be deemed a conditional zoning district consistent with the terms of the North Carolina General Statute 160D and the special or conditional use 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 152 - ZONING PERMITS 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 153 – AMENDMENTS TO THE ZONING MAP OR ORDINANCE SECTION 154 – ZONING MAP OR ORDINANCE AMENDMENTS (Amended 8/5/96; Amended 11/5/01; 7/22/02; Amended 3/13/2006; 9/2/2008; 5/3/21; Added: 3/13/2006) 153-1 Zoning district boundaries adopted pursuant to this Ordinance shall be drawn on a map that is adopted or incorporated within a duly adopted development regulation. Zoning district maps that are so adopted shall be maintained for public inspection in the office of the local government clerk or such other office as specified in the development regulation. The maps may be in paper or a digital format approved by the local government (N.C.G.S. 160D-105). Staff will maintain up to date maps following case approval (N.C.G.S. 160D-105). PERSON COUNTY PLANNING ORDINANCE 255 153-2 Initiation of Amendment - The Board of Commissioners may, at any time, amend, supplement, change, modify or repeal the boundaries or regulations in this Ordinance, or subsequently amended. Proposed changes or amendments may be initiated by the Board of Commissioners, Planning Board, Board of Adjustment, or by one or more owners, optionees or lessees of property within the area proposed to be changed or affected. This may be done in accordance with the provisions of this section. 153-3 Submission of Petitions - Petitions to amend this Ordinance or 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. 2.For Amendments to the Official Planning Map, a map drawn to scale showing the exterior boundaries of the lot(s) which will be covered by the proposed map amendment; 3.For amendments to the Planning Ordinance text, a copy of the existing text provisions which the applicant proposes for amendment, and a written statement which describes in detail changes the applicant proposes to make to the text of the Ordinance. 4.The alleged error in the Official Planning Map and/or Planning Ordinance Text which will be corrected by the proposed amendment with a detailed explanation of such and detailed reasons how the proposed amendment will correct the same; 5.The changed or changing conditions, if any, in the area or in the County generally, which makes the proposed Official Planning Map and/or Planning Ordinance text amendment reasonable necessary to the promotion of the public health, safety and general welfare; 6.The manner in which the proposed Official Planning Map and/or Planning Ordinance text amendment will carry out the intent and purpose of the Comprehensive Plan or part thereof; and, 7.All other circumstances, factors and reasons which the applicant offers in support of the proposed Official Planning Map and/or Planning Ordinance text amendment. (Amended 8/5/96) Each petition, unless initiated by the Board of Commissioners, Planning Board, Board of Adjustment, or staff, shall be accompanied by a fee to defray the cost of advertising and other administrative costs involved. 153-4 Planning Board Review and Recommendation - After submission of a completed application, the Zoning Administrator will schedule a public hearing for the Planning Board in accordance with the published Planning Board meeting schedule on file in the Planning and Zoning PERSON COUNTY PLANNING ORDINANCE 256 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 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). 153-5 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 PERSON COUNTY PLANNING ORDINANCE 257 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). 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. 153-6 Other Development Regulation Amendments - All other development regulations governed by Person County and enforced by the Planning and Zoning Department shall be subject to the above procedure when amended by the public, Board of Commissioners, Board of Adjustment, Planning Board, or staff. 153-7 Third-Party Downzoning - Third-party downzoning submitted after July 11, 2019, unless initiated by a Person County Board or staff member, are prohibited unless written consent is obtained from the property owner(s) (N.C.S.L 2019-111, Part 1). SECTION 154 – CONDITIONAL DISTRICT (CD) REZONINGS (Added: 5/3/21) SECTION 155 – CONDITIONAL DISTRICT (CD) REZONINGS (Added: 5/3/21) 154-1 Conditional zoning districts provide for those situations where a particular use, properly planned, may be appropriate for a particular site, but where the general district has insufficient standards to mitigate the site-specific impact on surrounding areas. Uses which may be considered for a conditional zoning district are restricted to those uses permitted in the corresponding general zoning district. Conditional Zoning Districts are established on an individualized basis, only in response to a petition by the owners of all the property to be included. Zoning of a conditional zoning district is not intended for securing early or speculative reclassification of property. PERSON COUNTY PLANNING ORDINANCE 258 154-2 Submission of Petitions - Petitions shall be submitted to the Planning and Zoning Department for review according to the adopted Planning Board and Board of Commissioners yearly schedule. The petition shall include the following: 1.A completed Application for CD-Rezoning Map Amendment accompanied by a site plan, prepared by a North Carolina registered land surveyor, engineer, or architect. The site plan, drawn to scale, shall depict the following: a)1.The boundary of the lot(s) to be developed labeled with bearings and distances, total gross land area, location of easement(s), utilities, adjacent road name(s) and number(s); b)2.Name of project, property owner and applicant, vicinity map, north arrow, scale, date of plan preparation and subsequent revisions dates; c)3.Topography of site, at contour interval no greater than ten (10) feet, location of perennial and intermittent waters, 100 year flood plains; d)4.Location and approximate size of all existing and proposed buildings and structures within the site and existing buildings and structures within five hundred feet adjacent thereto; e)5.Proposed points of ingress and egress together with the proposed pattern of internal circulation; f)6.Existing and proposed parking spaces; g)7.Proposed provisions for water supply and sewage disposal; h)8.If the site is located in a designated drinking water supply watershed, the plan shall also: i.1.Depict the location of existing (labeled according to the date of establishment) and proposed impervious surfaces and respective totals in square feet; ii.2.The total land area of the lot(s) outside of the road right-of-way(s) in square feet. The property owner and/or applicant shall have the burden of proving that the proposed special use will not materially injure the value of adjoining or abutting property. Each petition shall be accompanied by a fee to defray the cost of advertising and other adminis trative costs involved. 154-3 Planning Board Review and Recommendation - After submission of a completed application, the Zoning Administrator will schedule a public hearing for the Planning Board in accordance with the published Planning Board 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) PERSON COUNTY PLANNING ORDINANCE 259 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.a).When conducting a review of proposed map amendments pursuant to this section, the Planning Board shall advise and comment on whether the proposed action is consistent with the County’s comprehensive plan that has been 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.b).When reviewing any map amendment, the Planning Board shall approve a brief statement describing whether its action is consistent or inconsistent with the adopted comprehensive plan and a brief statement of reasonableness. The statement of reasonableness and plan consistency required in this section may be approved as a single statement. Board members may adopt this statement when acting upon the zoning text or map amendment or as a separate motion (N.C.G.S. 160D-605). 154-4 Board of Commissioners Public Hearing 1.a)The Zoning Administrator will schedule a public hearing for the Board of Commissioners in accordance with that year's adopted schedule. A notice of such public hearing shall be published once a week for two (2) consecutive weeks in a newspaper of general circulation in Person County. Said notice shall be published the first time not less than ten (10) days and not more than twenty-five (25) days prior to the date established for such public hearing. (Amended 7/22/02) 2. b)The Planning Board shall provide a written recommendation to the Board of Commissioners that addresses whether the proposed amendment is consistent with the comprehensive plan, but a comment by the Planning Board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the Board of Commissioners. Prior to adopting or rejecting any zoning amendment, the Board of Commissioners shall adopt a statement describing whether PERSON COUNTY PLANNING ORDINANCE 260 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.c)The Planning Board shall have 30 days within which to submit its recommendation to the Board of Commissioners. If no written report is received from the Planning Board within thirty days, the Board of Commissioners may proceed in its consideration of the amendment without the Planning Board report. The Board of Commissioners is not bound by the recommendation, if any, of the Planning Board. (Amended 7/22/02; 3/13/2006). 4. d)When adopting or rejecting any map amendment, the Board of Commissioners shall approve a brief statement describing whether its action is consistent or inconsistent with the adopted comprehensive plan and a brief statement of reasonableness. The statement of reasonableness and plan consistency required in this section may be approved as a single statement. Board members may adopt this statement when acting upon the zoning text or map amendment or as a separate motion (N.C.G.S. 160D-605). 5.e)A CD-Rezoning must be adopted by ordinance per N.C.G.S 160D-601(c). 6.f)Conditions and site-specific standards imposed in a conditional district shall be limited to those that address the conformance of the development and use of the site to local government ordinances, and plans adopted pursuant to N.C.G.S. 160D-5-1, or and those that address the impacts reasonably expected to be generated by the development or use of the site (N.C.G.S. 160D-703). However, the Board may impose conditional-zoning conditions that go beyond basic zoning authority to address additional fees, design requirements, and other development considerations with the applicant’s/landowner’s written consent (N.C. S.L. 2019-111). 7. g)Following approval from the Board of Commissioners, the Zoning Administrator shall obtain the applicant/landowner’s written consent to conditions related to a conditional- zoning approval to ensure enforceability (N.C. S.L. 2019-111). 154-5 Modifications of CD-Rezonings - The Zoning Administrator may approve minor changes to final plans approved by the Board of Commissioners if with such minor changes the development remains substantially consistent with the Board's approval and with all other provisions of this Ordinance and applicable rules and regulations. The Zoning Administrator may not approve changes that would constitute a major change of or modification to a CD- Rezoning. By way of example, but not of limitation, any of the following shall constitute a major modification requiring an application to be resubmitted in accordance with applicable ordinance provisions: 1.A change from the use approved; 2.Structural alterations significantly affecting the basic size, form, style, ornamentation, and appearance of principal and/or accessory structures as shown the plan; PERSON COUNTY PLANNING ORDINANCE 261 If multiple parcels of land are subject to a conditional zoning, the owners of individual parcels may apply for modification of the conditions so long as the modification would not result in other properties failing to meet the terms of the conditions. Any modifications approved shall only be applicable to those properties whose owners petition for the modification (N.C.G.S 160D-703). SECTION 155 - SPECIAL USE PERMITS (Amended 5/3/21) SECTION 156 – SPECIAL USE PERMITS (Amended 5/3/21) 155-1 Special uses are land uses which in some circumstances may be compatible with and desirable in the districts in which they are designed as special uses, but they may also have characteristics which could have detrimental effects on adjacent properties if not properly designed and controlled. Special uses add flexibility to the Planning Ordinance. By means of controls exercised through the Special Use Permit procedures, property uses which would otherwise be undesirable in certain districts can be developed to minimize any bad effects they might have on surrounding properties. 155-2 Submission of Petitions - Petitions for special use permits shall be submitted to the Planning and Zoning Department for review according to the published Board of Commissioners yearly meeting schedule on file in the Planning and Zoning Department. The petition shall include the following: 1.A complete Application for a Special Use Permit accompanied by a site plan, prepared by a North Carolina registered land surveyor, engineer, or architect. The site plan, drawn to scale, shall depict the following: (amended 9/2/2008) a)1The 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) 2Name of project, property owner and applicant, vicinity map, north arrow, scale, date of plan preparation and subsequent revisions dates; c)3Topography of site, at contour interval no greater than ten (10) feet, location of perennial and intermittent waters, 100 year flood plains; d) 4Location 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)5Proposed points of ingress and egress together with the proposed pattern of internal circulation; PERSON COUNTY PLANNING ORDINANCE 262 f) 6Existing and proposed parking spaces; g) 7Proposed provisions for water supply and sewage disposal; h) 8If the site is located in a designated drinking water supply watershed, the plan shall also: i. 1Depict the location of existing (labeled according to the date of establishment) and proposed impervious surfaces and respective totals in square feet; ii. 2The 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. i) 9In 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) 10In 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)A minimum lot size of two acres is required. ii. b)Density to be 2500 square feet for each tent or trailer space. iii. c)A minimum undisturbed fifty foot buffer from all property lines. iv. d)Each campsite shall contain a stabilized parking pad of either pavement or gravel and one off-street parking space. v. e)A sanitary source of drinking water shall be not more than 200 feet, toilet facilities not more than 400 feet and wash houses not more than 1500 feet from any tent or trailer space. This provision shall not apply where community water and sewer connections are provided to trailers having self-contained kitchens and bathroom facilities. (Added 8/2/2010) Each petition shall be accompanied by a fee to defray the cost of advertising and other administrative costs involved. 156-3 Board of Commissioners Public Hearing 1. a)After submission of a completed application, the Zoning Administrator will schedule a public hearing for the Board of Commissioners in accordance with that year's adopted PERSON COUNTY PLANNING ORDINANCE 263 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. b)The Board of Commissioners shall consider the application at a public hearing at which all interested persons shall be permitted to testify. This hearing shall be used to gather competent, material, and substantial evidence to establish the facts of the case. Testimony heard shall be under oath. The Special Use Permit, if granted, shall include such approved plans as may be required. In granting the permit, the Commissioners shall find the following: a)1That 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. b) 2That the use meets all required conditions and specifications. c)3That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity, and d) 4That 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.c)In granting the permit, the Commissioners may designate such conditions, in addition and in connection therewith, as well, in its opinion, assure that the use in its proposed location will be harmonious with the area in which it is proposed to be located and with the spirit of this ordinance. All such additional 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. d)In addition to the specific conditions imposed by the regulations in this ordinance Article and whatever additional conditions the Commissioners deem reasonable and appropriate, special uses shall comply with the height, yard, area and parking regulations for the use district in which they are permitted unless otherwise specified. PERSON COUNTY PLANNING ORDINANCE 264 5.e)The findings of fact and conclusions of law shall be established in writing upon the Board’s determination. This document shall be approved by the Board and signed by the chair or other duly authorized member of the Board. A quasi-judicial decision is effective upon filing the written decision with the clerk to the Board or such other office or official. The decision of the Board shall be delivered within a reasonable time by personal delivery, electronic mail, or by first-class mail to the applicant, landowner, and to any person who has submitted a written request for a copy prior to the date the decision becomes effective (N.C.G.S. 160D-406). The Zoning Administrator shall obtain the applicant/landowner’s written consent to conditions related to a special use permit approval to ensure enforceability (N.C. S.L. 2019-111). 6.f)No appeal may be taken to the Board of Adjustment from the action of the Commissioners in granting or denying a Special Use Permit. Any such action by the Commissioners shall be considered as the equivalent of action on a proposed zoning amendment and shall be reviewable only in the same manner as action on a proposed amendment. 7. g)In the event of failure to comply with the plans approved by the Commissioners or with any other conditions imposed upon the Special Use Permit within a reasonable time in the opinion of the Zoning Administrator, the permit shall thereupon become void and of no effect. No building permits for further construction or certificates of occupancy under this Special Use shall be issued. 155-4 Modifications of Special Use Permits - The Zoning Administrator may approve minor changes to final plans approved by the Board of Commissioners if with such minor changes the development remains substantially consistent with the Board's approval and with all other provisions of this Ordinance and applicable rules and regulations. The 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; PERSON COUNTY PLANNING ORDINANCE 265 4. Structural alterations significantly affecting the basic size, form, style, ornamentation, and appearance of principal and/or accessory structures as shown the plan; 5. Significant changes in pedestrian or vehicular access or circulation; 6. Significant change in the amount or location of required landscape screening if an alternate proposal does not provide the same or greater degree. 155-5 Special Use Permits and Vested Rights - At the applicant's discretion, he or she may also submit a site specific vesting plan and make application to the Commissioners for a vested right status for the proposed use or development project. Vested right status may be applied for jointly with the special use permit application or may be requested at a later date. SECTION 156 - DEVELOPMENT AGREEMENTS (Added: 5/3/21) SECTION 157 – DEVELOPMENT AGREEMENTS (Added: 5/3/21) 156-1 Development projects often occur in multiple phases over several years, requiring a long term commitment of both public and private resources. Such developments often create community impacts and opportunities that are difficult to accommodate within traditional zoning processes. Development agreements are used to better structure and manage development approvals for such developments and ensure their proper integration into local capital facilities programs. 156-2 Person County may enter into development agreements with developers subject to the procedures of this ordinance and the North Carolina General Statute (N.C.G.S. 160D-1001). 156-3 Submission of Petitions - Petitions for development agreements shall be submitted to the Planning and Zoning Department for review according to the adopted Board of Commissioners and Planning Board yearly schedule. The submission shall include the following: 1. Application for Development Agreement 2. A site plan prepared by a North Carolina licensed surveyor, engineer, or landscape architect depicting the items listed in the Person County Planning Ordinance Commercial and Industrial Site Plan Requirements. 3. Proposed Development Agreement containing the following information at a minimum (N.C.G.S. 160D-1006): a) 1A description of the property subject to the agreement and the names of its legal and equitable property owners. b) 2The duration of the agreement. PERSON COUNTY PLANNING ORDINANCE 266 c)3The development uses permitted on the property, including population densities and building types, intensities, placement on the site, and design. d) 4Development schedule including commencement dates and interim completion dates at no greater than five-year intervals. e)5If applicable, the following: i.1A 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. ii.2A 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.3A description of any conditions, terms, restrictions, or other requirements for the protection of public health, safety, or welfare of its citizens iv.4A description, where appropriate, of any provisions for the preservation and restoration of historic structures. v. 5If more than one local government is involved in the development agreement, the agreement must specify which government is responsible for overall administration of the agreement. 156-4 Planning Board Review and Recommendation After submission of a completed application, the Zoning Administrator will schedule a public hearing for the Planning Board in accordance with the published Planning Board meeting schedule on file in the Planning and Zoning Department. A notice of such public hearing shall be published once a week for two (2) consecutive weeks in a newspaper of general circulation in Person County. Said notice shall be published the first PERSON COUNTY PLANNING ORDINANCE 267 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.a)When conducting a review of proposed map amendments pursuant to this section, the Planning Board shall advise and comment on whether the proposed action is consistent with the County’s comprehensive plan that has been 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. b)When reviewing any map amendment, the Planning Board shall approve a brief statement describing whether its action is consistent or inconsistent with the adopted comprehensive plan and a brief statement of reasonableness. The statement of reasonableness and plan consistency required in this section may be approved as a single statement. Board members may adopt this statement when acting upon the zoning text or map amendment or as a separate motion (N.C.G.S. 160D-605). 156-5 Board of Commissioners Public Hearing 1.a)The Zoning Administrator will schedule a public hearing for the Board of Commissioners in accordance with that year's adopted schedule. A notice of such public hearing shall be published once a week for two (2) consecutive weeks in a newspaper of general circulation in Person County. Said notice shall be published the first time not less than ten (10) days and not more than twenty-five (25) days prior to the date established for such public hearing. (Amended 7/22/02) 2. b)The Planning Board shall provide a written recommendation to the Board of Commissioners that addresses whether the proposed amendment is consistent with the comprehensive plan, but a comment by the Planning Board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the Board of Commissioners. Prior to adopting or rejecting any zoning amendment, the Board of Commissioners shall adopt a statement describing whether PERSON COUNTY PLANNING ORDINANCE 268 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.c)The Planning Board shall have 30 days within which to submit its recommendation to the Board of Commissioners. If no written report is received from the Planning Board within thirty days, the Board of Commissioners may proceed in its consideration of the amendment without the Planning Board report. The Board of Commissioners is not bound by the recommendation, if any, of the Planning Board. (Amended 7/22/02; 3/13/2006). 4. d)When adopting or rejecting any map amendment, the Board of Commissioners shall approve a brief statement describing whether its action is consistent or inconsistent with the adopted comprehensive plan and a brief statement of reasonableness. The statement of reasonableness and plan consistency required in this section may be approved as a single statement. Board members may adopt this statement when acting upon the zoning text or map amendment or as a separate motion (N.C.G.S. 160D-605). 5.e)Following approval from the Board of Commissioners, the development agreement must be recorded with the Register of Deeds by the developer within 14 days after Person County and the developer execute an approved development agreement (N.C.G.S. 160D-1011). No development approvals may be issued until the development agreement has been recorded. The agreement is binding on all successors in interest to the parties of the agreement, including subsequent purchasers of the land. 156-6 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). 156-7 Amendments to Development Agreements - Parties can modify or cancel the agreement at any time by mutual consent (N.C.G.S. 160D-1010). Any major modification to a development agreement requires the 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. PERSON COUNTY PLANNING ORDINANCE 269 156-8 Breach of Development Agreements - If a developer has breached the recorded development agreement, the Planning and Zoning Department must notify the developer in writing within a reasonable time the notice of the breach, evidence supporting the finding and determination, and provide reasonable time to correct the breach (N.C.G.S. 160D-1008). If the breach is not remedied, Person County may terminate or modify the agreement. Appeals may be filed with the Board of Adjustment in accordance with the process for hearing and submitting appeals. Failure to meet a commencement or completion date set forth in the development agreement shall not, in and of itself, constitute a material breach of the development agreement, but must be judged based upon the totality of the circumstances. 156-9 Subsequent Development Agreements - Parties are not precluded from entering into subsequent development agreements that may extend the original duration period (N.C.G.S. 160D-1006). 156-10 Development Agreements and Other Regulation Approvals - Development agreements may be considered concurrently with a zoning map or text amendment affecting the property and development subject to the development agreement. If incorporated into a CD-District, the provisions of the development agreement shall be treated as a development regulation in the event of the developer’s bankruptcy. A development agreement may be concurrently considered with and incorporate by reference a sketch plan or preliminary plat required under a subdivision regulation or a site plan or other development approval required under a zoning regulation (N.C.G.S. 160D-1003). SECTION 157 - ZONING VARIANCES (Amended 5/3/21, 1/5/26) SECTION 158 – ZONING VARIANCES (Amended 5/3/21) 157-1 When unnecessary hardships would result from carrying out the strict letter of the Planning Ordinance, the Board of Adjustment shall vary any of the provisions of the ordinance upon a showing that all of the standards set out in this section have been met. No change in permitted uses may be authorized by variance. Appropriate conditions may be imposed on any variance, provided the conditions are reasonably related to the variance. Any other ordinance that regulates land use or development may provide for variances consistent with the provisions of this subsection. 157-2 Submission of 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.A description of the alleged hardship created by the strict application of the ordinance. PERSON COUNTY PLANNING ORDINANCE 270 b.The particular or unique condition or nature of the property that are not common in the neighborhood or to the general public. c.The party responsible for the action leading to the hardship, if known, and any relationship to that part of the applicant or property owner. 2.A site plan, prepared by a North Carolina registered land surveyor, engineer, or architect. The site plan, drawn to scale, shall depict the following: a.The boundary of the lot(s) to be developed labeled with bearings and distances, total gross land area, location of easement(s), utilities, adjacent road name(s) and number(s); b.Name of project, property owner and applicant, vicinity map, north arrow, scale, date of plan preparation and subsequent revisions dates; c.Location and approximate size of all existing and proposed buildings and structures within the site; d.Clear depiction of the variance requested. Limited to Setback and other dimensional requirements as specified in the Ordinance for that zoning district Each petition shall be accompanied by a fee to defray the cost of advertising and other administrative costs involved. 157-3 Board of Adjustment Public Hearing 1.a).After submission of a completed application, the Zoning Administrator will schedule a public hearing for the Board of Adjustment in accordance with the Board of Adjustment published meeting schedule on file in the Planning and Zoning Department. The Zoning Administrator shall give notice of a public hearing on the application. A notice of such public hearing shall be published once in a newspaper of general circulation in Person County. Said notice shall be published not less than ten (10) days and not more than twenty- five (25) days prior to the date established for such public hearing. The Zoning Administrator will be responsible for mailing written notices to all property owners within 500’ of the property including the applicant. The Zoning Administrator shall require that notice be posted on the land subject to the application. The applicant shall post the notice on weatherproof signs supplied by the Planning and Zoning Department, one sign per each road frontage and no more than 25’ from the street right-of-way. Signs must be clearly visible from the street and designate “Zoning Proposal Pending” with the phone number of the Planning and Zoning Department. 2.b).The Board of Adjustment shall consider the application at a quasi-judicial hearing. This hearing shall be used to gather competent, material, and substantial evidence to establish the facts of the case. Testimony heard shall be under oath. In granting the variance, the Board of Adjustment shall find the following: PERSON COUNTY PLANNING ORDINANCE 271 a)1.Unnecessary hardship would result from the strict application of the ordinance. It is not necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property. b) 2.The hardship results from conditions that are peculiar to the property, 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. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability. c)3.The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance is not a self-created hardship. d) 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. 3.c)In addition to the above grounds for granting variances, the Board of Adjustment may grant a variance when it finds that the grant of the requested variance will cause no significant hazard, annoyance or inconvenience to the owners or occupants of nearby property, will not significantly change the character of the neighborhood or reduce the value of nearby property, will not impose any significant cost burden upon the county and will not create any significant obstacle to implementation of the zoning plan evidenced by this ordinance or the adopted development plan of Person County. 4. d)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.e)The Board of Adjustment, by a vote of four-fifths of its members, may approve variances. The findings of fact and conclusions of law shall be established in writing upon the Board’s determination. This document shall be approved by the Board and signed by the chair or other duly authorized member of the Board. A quasi-judicial decision is effective upon filing the written decision with the clerk to the Board or such other office or official. The decision of the Board shall be delivered within a reasonable time by personal delivery, electronic mail, or by first-class mail to the applicant, landowner, and to any person who has submitted a written request for a copy prior to the date the decision becomes effective (N.C.G.S. 160D- 406). PERSON COUNTY PLANNING ORDINANCE 272 SECTION 158 - VESTED RIGHTS (Amended 5/3/21) SECTION 159 – VESTED RIGHTS (Amended 5/3/21) 158-1 As authorized under G.S. 160-108, an applicant may obtain the right to undertake and complete the development and use of property under the terms and conditions of an approved site specific vesting plan. Only approved special uses, permitted uses and approved phased developments may be granted a vested right under this section. Vested right status shall guarantee the right to develop according to the provisions of the approved site specific vesting plan for no less than two (2) years and no more than five (5) years (N.C.G.S. 160D-108(d)). Site specific vesting plans can take the form of a planned unit development plan, a subdivision plat, a site plan, a preliminary or general development plan, a special use permit, a conditional zoning, or any other development approval. 158-2 Submission of 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) A Vested Rights Application and any supplemental materials needed to substantiate the claim for a vested right. 2.b) A site-specific vesting plan prepared by a licensed North Carolina surveyor. Site-specific vesting plans shall include at a minimum the following: a) a The approximate boundaries of the site; b) b Significant topographical and other natural feature affecting development of the site; c) c The approximate location on the site of the proposed buildings, structures, and other improvements; d) d The approximate dimensions, including height, of the proposed buildings and other structures; e) e The approximate location of all existing and proposed infrastructure on the site, including water, sewer, roads, and pedestrian walkways. Each petition shall be accompanied by a fee to defray the cost of advertising and other administrative costs involved. 158-3 Planning Board Review and Recommendation - After submission of a completed application, the Zoning Administrator will schedule a public hearing for the Planning Board in accordance PERSON COUNTY PLANNING ORDINANCE 273 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.a) Exception: Applications for vested rights related to Special Use Permits do not require Planning Board Review and Recommendation. 158-4 Board of Commissioners Public Hearing 1.a) The Zoning Administrator will schedule a meeting for the Board of Commissioners in accordance with that year’s adopted schedule. A notice of such public hearing shall be published once a week for two (2) consecutive weeks in a newspaper of general circulation in Person County. Said notice shall be published the first time not less than ten (10) days and not more than twenty-five (25) days prior to the date established for such public hearing. The Zoning Administrator will be responsible for mailing written notices to all property owners within 500’ of the property including the applicant and properties separated from the subject property by street, railroad, and other transportation corridor (N.C.G.S. 160D- 602). The Zoning Administrator shall require that notice be posted on the land subject to the application within the same time period specified for mailed notices of the hearing (N.C.G.S. 160D-602). The applicant shall post the notice on weatherproof signs supplied by the Planning and Zoning Department, one sign per each road frontage and no more than 25’ from the street right-of-way. Signs must be clearly visible from the street and designate “Zoning Proposal Pending” with the phone number of the Planning and Zoning Department. When multiple parcels are included, a posting on each individual parcel is not required, but there should be reasonable notice provided to interested persons. 2.b) The Planning Board shall provide a written recommendation to the Board of Commissioners that addresses whether the proposed amendment is consistent with the comprehensive plan, but a comment by the Planning Board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the Board of Commissioners. Prior to adopting or rejecting any zoning amendment, the Board of Commissioners shall adopt a statement describing whether PERSON COUNTY PLANNING ORDINANCE 274 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.c) The Planning Board shall have 30 days within which to submit its recommendation to the Board of Commissioners. If no written report is received from the Planning Board within thirty days, the Board of Commissioners may proceed in its consideration of the amendment without the Planning Board report. The Board of Commissioners is not bound by the recommendation, if any, of the Planning Board. (Amended 7/22/02; 3/13/2006). 4.d) The Board of Commissioners shall consider the application at a public hearing at which all interested persons shall be permitted to testify. The Board may approve a site specific vesting plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety, and welfare. The Board shall not require a landowner to waive his vested rights as a condition of developmental approval. Approval of a site specific vesting plan and the granting of vested right status shall not occur under circumstances where a variance from the provisions of this ordinance is necessary except in cases where such variance has been previously applied for and granted. 5.e) A vested right obtained under this section is not a personal right, but shall attach to and run with the applicable property. Approval from the Board of Commissioners shall result in a vested right, although failure to abide by such terms and conditions, in addition to applicable local development regulations, will result in a forfeiture of vested rights. 6.f) The establishment of a vested right under an approved site specific vesting plan shall not preclude the application of ordinances or regulations that are general in nature, are applicable to all property in the county subject to land use regulation, and have no effect on the allowable type or intensity of use for the subject property. Otherwise applicable new or amended regulations shall become effective for the subject property upon the expiration or termination of the vested right. 158-5 Continuing Review - Following approval or conditional approval of a vested right, Person County may make subsequent reviews and require approvals by the county to ensure compliance with the terms and conditions of the original approval, provided that such reviews are not inconsistent with the original approval. 158-6 Modifications of Vested Rights Approval - The Zoning Administrator may approve minor changes to site-specific vesting plans approved by the Board of Commissioners if with such minor changes the development remains substantially consistent with the Board's approval and with all other provisions of this Ordinance and applicable rules and regulations. The Zoning Administrator may not approve changes that would constitute a major change of or modification to an approved site-specific vesting plan. By way of example, but not of limitation, any of the following shall constitute a major modification requiring an application to be resubmitted in accordance with applicable ordinance provisions: PERSON COUNTY PLANNING ORDINANCE 275 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. 158-7 Termination of Vested Rights - A vested right established by an approved site specific vesting plan shall terminate: 1.At the end of the applicable vesting period in respect to buildings and uses for which no valid building permit application has been filed; 2.With the written consent of the applicant and/or landowner; 3.Upon findings by the Commissioners, alter a public hearing in which reasonable notice and advertisement are given, that natural or man-made hazards at or near the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety, and welfare if the project were to proceed as originally approved in the site specific vesting plan; 4.Upon payment to the affected applicant and/or landowner of compensation for all costs, expenses and other losses incurred by the same including all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consultant's fees incurred after approval by the Board. Compensation shall not include any diminution in the value of the subject property; or, 5.Upon findings by the Commissioners, after a public hearing in which reasonable notice and advertisement are given, that the landowner, his successors, or any representatives intentionally supplied inaccurate information or made material misrepresentations which after the original approval of the Commissioners of the site specific vesting plan; 6.Upon changes in state or federal law or regulation that preclude the proposed use or development project as originally approved in the site specific vesting plan. The owner PERSON COUNTY PLANNING ORDINANCE 276 and/or applicant shall have the opportunity in this instance to submit appropriate applicable modifications to the original site specific vesting plan for the Planning Board and County. SECTION 159 – APPEALS (Amended 5/3/21) SECTION 160 – APPEALS (Amended 5/3/21) 159-1 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. 159-2 An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Enforcement Officer certifies to the Board of Adjustment that, based on the records of the case, a stay would cause damage to life or property, in which case proceedings shall not be stayed otherwise than by an order from the Person County Superior Court. 159-3 No appeal may be taken to the Board of Adjustment from the action of the Commissioners in granting or denying a Special Use Permit. Any such action by the Commissioners shall be considered as the equivalent of action on a proposed zoning amendment and shall be reviewable only in the same manner as action on a proposed amendment. 159-4 Board of Adjustment Public Hearings 1.a) After submission of a completed application, the Zoning Administrator will schedule a public hearing for the Board of Adjustment in accordance with the published Board of Adjustment meeting schedule on file in the Planning and Zoning Department. t. The Zoning Administrator shall give notice of a public hearing on the application. A notice of such public hearing shall be published in a newspaper of general circulation in Person County. Said notice shall be published not less than five (5) days prior to the date established for such public hearing. 2.b) The Board of Adjustment shall hold an evidentiary hearing to gather competent, material, and substantial evidence to establish the facts of the case. Testimony heard shall be under oath. 3.c) The Board of Adjustment may subpoena witnesses and compel the production of evidence. If a person fails or refuses to obey a subpoena issued pursuant to this subsection, the Board may apply to the General Court of Justice for an order requiring that its order be obeyed, and the court shall have jurisdiction to issue these orders after notice to all proper parties. No testimony of any witness before the Board pursuant to a subpoena issued in PERSON COUNTY PLANNING ORDINANCE 277 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.d) The Board of Adjustment, by a majority vote of its members, may reverse any order, requirement, decision, or determination of an administration officer charged with the enforcement of any provision of this ordinance. The findings of fact and 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.e) Every final decision of the Board of Adjustment shall be subject to review by the Person County Superior Court by proceedings in the nature of certiorari. 6.f) The petition for the writ of certiorari must be filed with the Person County Clerk of Court within 30 days after the later of the following occurrences: a)1 A written copy of the Board's decision has been filed in the office of the Planning and Zoning Department; and b) 2 A written copy of the Board's decision has been delivered by personal service or certified mail, return receipt requested, to the applicant or appellant and every other aggrieved party who has filed a written request for such copy at the hearing of the case. A copy of the writ of certiorari shall be served upon the Person County. ARTICLE XV SECTION 160 - SEPARABILITY ARTICLE XVI - SEPARABILITY 160-1 Should any section or provision of these regulations be for any reason held void or invalid by the courts, it shall not affect the validity of any other section or provision hereof which is not itself held void or invalid. 160-2 Wherever the provisions of any other law, ordinance or regulation impose higher standards than are required by the provisions of this Ordinance, the provisions of such law, ordinance or regulations shall govern. PERSON COUNTY PLANNING ORDINANCE 278 ARTICLE XVI SECTION 170 - EFFECTIVE DATE ARTICLE XVII – EFFECTIVE DATE 170-1 This ordinance, shall become effective on May 20, 1991. PERSON COUNTY PLANNING AND ZONING DEPARTMENT 325 S. Morgan Street, Roxboro, North Carolina 27573 Item: E.2. Petition TA 2-26 I. Background On January 8, 2026, Planning Board discussed the proposed Text Amendment and provided the following guidance: • Clarify Home Occupancy is Home Occupation and includes others like Zoning Compliance Permits • Add Board of Adjustment to Text Amendment, and clarify role of Pre-Application meeting • Add additional meetings as necessary in addition to the one regularly scheduled meeting • Remove minutes as it is not a public body and add clarification of the TAC/DAC memo as the public record Staff have incorporated the requested revisions into the updated Staff Report with the proposed Text Amendment (Attachment 1). In addition, Staff has prepared a comprehensive Supplemental Staff Report (Attachment 2) that documents the thoroughly vetted analysis and supporting recommendation for the amendment. Both attachments have been reviewed by County Legal and confirmed to be in compliance with applicable state law. III. Summary of Proposed Amendments • This amendment codifies single point of contact and coordination for all development reviews • This amendment has gone through the following public review process: – November 27, 2025 – initial publication on County Planning Board Packet – December 11, 2025 – initially meeting and continued to January – January 8, 2026 – Planning Board discussion, guidance provided to improve amendment – January 22, 2026, and February 5, 2026 - notice issued for Planning Board Public Hearing – February 12, 2026 – Planning Board Public Hearing 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 will reduce redundancy, improve accessibility, and enhance administrative efficiency. Staff recommendations:  Planning Board conduct Public Hearing  Recommend Board of Commissioners approve Text Amendment 2-26 V. Comprehensive Plan Consistency Person County Planning Ordinance, as well as NCGS § 160D-604 & § 160D-605, requires zoning map and ordinance amendments be consistent 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 the Public Hearing and recommend Board of Commissioners approved Text Amendment 2-26 VI. Submitted by Nishith Trivedi, Planning Director TEXT AMENDMENT 1-26 150-4 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. 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 will be held virtually, with in person options available. 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.Documentation: The Planning Department shall use the DRC memo as record. 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, Board of Adjustment 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 without the DRC to assist applicants in understanding applicable regulations, procedures, and submittal requirements. 2.Feedback provided during pre-application meetings is intended solely to assist applicants in preparing a complete application. 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. 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. 1 | Page 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. 2 | Page 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 3 | Page • Feedback on a draft Technical Review Memorandum template (attached). 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 4 | Page 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 5 | Page 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 6 | Page 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. 7 | Page 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 will be held virtually, with in person options available. 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. Documentation: The Planning Department shall use the DRC memo as record. 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, Board of Adjustment 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 without the DRC to assist applicants in understanding applicable regulations, procedures, and submittal requirements. 2. Feedback provided during pre-application meetings is intended solely to assist applicants in preparing a complete application. 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. 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. 8 | Page 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. 9 | Page 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: 10 | Page 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 2 • 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: E.3. Petition TA 3-26 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, were last amended on May 3, 2021. Since then, the County has adopted a Joint Land Use Plan with the City of Roxboro (November 15, 2021) and has been actively engaged with the Upper Neuse River Basin Association on updates to the Falls Lake Rules affecting critical watershed areas. The County is now confronting several land-use issues that directly affect how the Board of Commissioners evaluates SUP applications in its quasi-judicial role, including the application of conditions and safeguards for nonresidential uses; whether properties within watershed areas warrant more stringent standards; and how land- use regulations apply to residentially zoned properties in the R and RC districts when proposed activities fall outside bona fide farm purposes. In response to these issues planning staff have initiated a targeted review of the SUP regulations to clarify standards and ensure the ordinance remains responsive to current and emerging development pressures. On January 8, 2026, Planning Board discussed the proposed Text Amendment and provided the following guidance: • Do not specify individual uses, apply this to all Special Use Permits • Provide additional clarification for Bona Fide Farms (e.g. remove any inconsistency) Staff have incorporated the requested revisions into the updated Text Amendment (Attachment 1) and Staff Report (Attachment 2) supporting the amendment. III. Summary of Information “Reasonable and appropriate conditions and safeguards” must be grounded in local regulatory authority and may not include impermissible requirements such as taxes or impact fees. Typical examples include findings that the proposed use will not endanger public health or safety and will be developed and operated in accordance with the approved plan; will not substantially injure the value of adjacent or abutting properties; will be compatible with the surrounding area and consistent with the adopted land use plan; will comply with all applicable provisions of the zoning ordinance; and will mitigate significant adverse environmental impacts such as noise, glare, and odors. North Carolina Counties have updated their local ordinance to include specific SUP standards below are examples: • This amendment has gone through the following public review process: – November 27, 2025 – initial publication on County Planning Board Packet – December 11, 2025 – initially meeting and continued to January – January 8, 2026 – Planning Board discussion, guidance provided to improve amendment – January 22, 2026, and February 5, 2026 - notice issued for Planning Board Public Hearing – February 12, 2026 – Planning Board Public Hearing 2 | Page 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 will reduce redundancy, improve accessibility, and enhance administrative efficiency. Staff recommendations:  Planning Board conduct Public Hearing  Recommend Board of Commissioners approve Text Amendment 2-26 V. Comprehensive Plan Consistency Person County Planning Ordinance, as well as NCGS § 160D-604 & § 160D-605, requires zoning map and ordinance amendments to be consistent 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 the Public Hearing and recommend Board of Commissioners approved Text Amendment 2-26 VI. Submitted by Nishith Trivedi, Planning Director Attachment 1 3 | Page 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 for all Special Use Permits 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 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 all Special Used Permits 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 all Special Use Permits. 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, frequency, 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 special use 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. 1 | Page 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. 2 | Page • 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. 3 | Page 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. 4 | Page • 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 SUPPLEMENTAL STAFF REPORT Stress Test Assessment Special Use Permit (SUP) Standards Executive Summary This supplemental staff report evaluates the need to modernize and strengthen the Special Use Permit (SUP) provisions of the Person County Planning Ordinance in response to increasing development complexity, evolving statutory requirements, and emerging land use pressures. SUPs represent one of the County’s most consequential regulatory tools, requiring quasi-judicial determinations supported by competent, material, and substantial evidence. As such, the clarity, structure, and legal defensibility of SUP standards are essential to effective land use governance and public confidence in the decision-making process. Since the last update to the SUP ordinance in 2021, Person County has experienced significant policy, regulatory, and market changes. These include adoption of the Joint Comprehensive Land Use Plan with the City of Roxboro, heightened focus on watershed and environmental protection tied to anticipated increased development interest related to infrastructure investment, renewable energy, airport-adjacent activity, and intensified rural uses. Collectively, these trends have expanded both the frequency and complexity of SUP applications, particularly in rural and residential zoning districts where nontraditional or higher-impact uses are increasingly proposed. The report identifies recurring challenges associated with the current SUP framework, including ambiguity in approval standards, inconsistent application submittal requirements, uncertainty regarding the scope of permissible conditions, and limited procedural integration among reviewing departments. These issues have resulted in avoidable inefficiencies, enforcement difficulties, and elevated legal risk. Comparative analysis of peer North Carolina jurisdictions and professional planning literature demonstrates a clear trend toward more detailed SUP standards, standardized technical review, and earlier coordination to support defensible quasi-judicial decisions. Based on statutory authority under NCGS Chapter 160D, adopted comprehensive plan policies, professional best practices, and documented local experience, the report concludes that targeted updates to the SUP ordinance are warranted. The recommended approach focuses on clarifying approval standards, strengthening evidentiary requirements, providing guidance on conditions and safeguards, and improving procedural coordination—without altering land use classifications or diminishing the discretion of the governing board. These updates are intended to improve predictability, transparency, administrative efficiency, and legal defensibility while supporting economic development and protecting rural character. SUPPLEMENTAL STAFF REPORT Contents Executive Summary ........................................................................................................................ 1 Background and Context................................................................................................................. 1 County Growth and Development Pressures .............................................................................. 2 Existing Development Review Conditions ................................................................................. 3 Legal Authority and Standard of Review ....................................................................................... 4 Statutory Authority (NCGS Chapter 160D) ............................................................................... 4 Scientific, Technical, and Evidentiary Basis .................................................................................. 5 Comprehensive Plan Consistency ................................................................................................... 6 Policy Rationale and Public Interest ........................................................................................... 6 Economic Development and Rural Character ............................................................................. 7 Summary Policy Justification ................................................................................................. 9 Cost-Benefit Assessment ................................................................................................................ 9 Qualitative Benefits .................................................................................................................... 9 Stronger Litigation Record ................................................................................................... 10 Quantitative and Fiscal Considerations .................................................................................... 10 Transportation and Infrastructure Impacts .................................................................................... 11 Environmental and Watershed Considerations ............................................................................. 11 Economic Development Impacts .................................................................................................. 11 Findings of Fact ............................................................................................................................ 11 Person County is experiencing increased development complexity. ........................................ 12 The amendment is consistent with adopted plans. .................................................................... 13 Legislative Determinations ........................................................................................................... 13 Procedural Determination ......................................................................................................... 13 Administrative Determination .................................................................................................. 13 Enforcement Determination ...................................................................................................... 13 Conclusion and Recommended Action ......................................................................................... 14 Resources .............................................................................................................................. 14 SUPPLEMENTAL STAFF REPORT 1 Background and Context Special Use Permits (SUPs) are among the most consequential discretionary instruments within Person County’s land use regulatory framework. Unlike administrative approvals, SUPs require site-specific determinations by the Board of Commissioners acting in a quasi-judicial capacity. These decisions must be grounded in competent, material, and substantial evidence, supported by explicit findings of fact, and capable of withstanding heightened judicial scrutiny. As a result, the clarity, precision, and legal defensibility of the County’s SUP ordinance are of critical importance. North Carolina General Statute § 160D-705 authorizes local governments to issue Special Use Permits and to impose reasonable and appropriate conditions and safeguards, provided those conditions are directly tied to adopted ordinance standards. Person County’s current SUP provisions, last amended on May 3, 2021, were adopted prior to several significant statutory, policy, and development-related changes. Since that time, Chapter 160D has been fully implemented, and development pressures affecting the County have increased in both scale and complexity, warranting a reassessment of whether the existing ordinance language continues to provide adequate guidance for applicants, staff, and decision-making boards. Following the 2021 amendment, the County adopted the Joint Land Use Plan with the City of Roxboro, and experienced heightened interest in development tied to infrastructure investment, renewable energy facilities, airport-related improvements, and intensified rural activities. These trends have expanded the range of projects reviewed through the SUP process, particularly within rural and residential zoning districts where nontraditional or higher-impact uses are increasingly proposed. Recent SUP cases and enforcement matters have further revealed recurring areas of ambiguity. These include determining the appropriate scope of conditions for uses such as event venues, equipment rental operations, and open storage; evaluating whether properties located within critical watershed or water supply areas warrant additional safeguards; distinguishing bona fide farm purposes from commercial or quasi-commercial activities on residentially zoned land; and managing impacts associated with large-scale gatherings, noise, traffic, lighting, and temporary structures in rural settings. In many instances, boards have been asked to weigh these issues without sufficiently specific ordinance standards or application requirements, increasing the risk of inconsistent outcomes or legal vulnerability. Within the County’s broader development regulations, SUPs occupy a distinct and elevated role. They are quasi-judicial decisions rather than legislative actions, require sworn testimony and formal findings of fact and conclusions of law, and result in binding determinations with direct legal consequences. However, while the existing ordinance establishes baseline approval criteria, those standards are often articulated at a high level, application submittal requirements are not consistently defined by use, and decision-makers are frequently asked to evaluate impacts without adequate technical documentation. Conditions of approval are also sometimes debated without clear ordinance guidance regarding their legal limits. SUPPLEMENTAL STAFF REPORT 2 Collectively, these factors demonstrate the need to modernize and strengthen the SUP provisions of the Planning Ordinance. Clarifying approval standards, aligning procedures with current statutory authority under Chapter 160D, and improving application and evidentiary requirements will enhance predictability, transparency, and defensibility while preserving the appropriate discretion inherent in quasi-judicial land use decision-making. COUNTY GROWTH AND DEVELOPMENT PRESSURES Since the most recent update to the Special Use Permit provisions, Person County’s policy and regulatory context has evolved in ways that materially affect how SUPs are applied and evaluated. The adoption of the Joint Land Use Plan with the City of Roxboro in November 2021 established a more integrated, long-range vision for growth, land use compatibility, and infrastructure coordination across municipal and unincorporated areas. While the Plan does not itself function as a regulatory document, it articulates expectations for managing land use transitions, protecting rural character, and directing more intensive development to appropriate locations. SUPs have become a primary mechanism for implementing these policy objectives on a site-specific basis, particularly where proposed uses fall between permitted-by-right development and outright prohibition. As a result, SUP findings and conditions are increasingly expected to demonstrate consistency with adopted plan policies, even where the underlying zoning allows a broad range of uses. Many SUP applications involve properties located within critical watershed or water supply areas, where the potential consequences of site design, intensity of use, and operational characteristics are more pronounced. This context places additional importance on the SUP process as a tool for evaluating whether proposed uses can be accommodated with appropriate safeguards, and whether conditions of approval are sufficient to address off-site and long-term impacts consistent with evolving regulatory expectations. At the same time, Person County has experienced increased development interest driven by infrastructure investment, renewable energy initiatives, airport-related improvements, and a rise in large-scale rural activities. These proposals often involve uses that are nontraditional for their zoning districts, operate at a scale or intensity not previously contemplated, or generate secondary impacts such as traffic, noise, lighting, and episodic large gatherings. In rural and residential districts in particular, SUPs have become the primary forum for assessing whether such uses are compatible with surrounding land uses and whether impacts can be mitigated through enforceable, evidence-based conditions. Collectively, these developments have expanded both the frequency and complexity of SUP cases. They underscore the need for SUP standards that are sufficiently detailed to guide quasi-judicial decision-making, ensure consistency with adopted policy frameworks, and provide a defensible basis for evaluating intensified or unconventional uses in areas where the margin for error is limited. SUPPLEMENTAL STAFF REPORT 3 EXISTING DEVELOPMENT REVIEW CONDITIONS Recent Special Use Permit enforcement matters have underscored structural gaps in the absence of clearly articulated SUP policies to guide both approvals and post-approval compliance. In multiple cases, the County has been required to interpret and defend permit conditions without the benefit of ordinance-level policy direction that clearly defines the intent, scope, and limits of SUP authority. A recurring issue has been determining what constitutes “reasonable and appropriate conditions and safeguards” for uses that are operationally intensive but episodic in nature, such as event centers, equipment rental operations, open storage, and similar activities. In the absence of policy guidance, conditions are often crafted on a case-by-case basis, increasing variability across approvals and creating uncertainty for applicants, enforcement staff, and the Board. This lack of standardization complicates enforcement and increases the risk that conditions may be challenged as either excessive or insufficiently connected to adopted standards. Enforcement experience has also highlighted inconsistencies in how SUPs address properties located within critical watershed and public water supply areas. While such areas clearly warrant heightened scrutiny due to the potential for off-site and cumulative impacts, the current ordinance provides limited direction on when additional conditions are appropriate or what form they should take. Without clear SUP policies, similar uses may be subject to materially different conditions depending on interpretation, rather than objective criteria tied to environmental sensitivity. Another persistent challenge involves distinguishing bona fide farm purposes from commercial or quasi-commercial activities proposed on residentially zoned land. SUP cases and subsequent enforcement actions have demonstrated that, absent clearer policy thresholds, the County is frequently required to make fact-specific determinations without consistent benchmarks for scale, intensity, frequency, or accessory versus principal use. This creates uncertainty for landowners and places the County in a reactive posture when uses evolve beyond what was originally contemplated or approved. Finally, the County has faced increasing difficulty managing impacts associated with large-scale gatherings in rural contexts, including noise, traffic circulation, parking, lighting, and the proliferation of temporary or semi-permanent structures. Without SUP policies that establish baseline expectations for these impacts, enforcement often relies on generalized conditions that are difficult to administer and defend once a use is operational. Taken together, these enforcement challenges demonstrate that reliance on broad ordinance language alone is insufficient for modern SUP administration. Clear, objective SUP policies are needed to translate high-level standards into consistent, defensible decision-making criteria. Such policies would reduce ambiguity, improve predictability for applicants, support effective enforcement, and preserve the Board’s appropriate quasi-judicial discretion by anchoring decisions to well-defined expectations rather than ad hoc judgment. SUPPLEMENTAL STAFF REPORT 4 Legal Authority and Standard of Review STATUTORY AUTHORITY (NCGS CHAPTER 160D) North Carolina’s land use statutes provide broad and explicit authority for local governments to structure the procedures and standards used to administer development review, including Special Use Permits. Chapter 160D recognizes that effective land use regulation depends not only on substantive standards, but also on clearly organized administrative frameworks that guide how applications are reviewed, evaluated, and presented to decision-making bodies. Within this framework, local governments may adopt ordinance provisions that clarify review criteria, application expectations, and evaluative factors, so long as those provisions do not displace or predetermine the quasi-judicial decisions reserved to duly authorized boards or officials. Accordingly, SUP standards and related policies are legally defensible when they function as advisory and administrative instruments rather than as substitutes for quasi-judicial judgment. Final determinations must remain vested in the Board of Commissioners or other designated decision-makers, who are responsible for weighing sworn testimony, making findings of fact, and applying ordinance standards to the evidentiary record. Properly structured SUP standards serve to inform that process by establishing consistent, objective benchmarks for review, without dictating outcomes or constraining the board’s independent evaluation of evidence. This approach is well supported in both legal doctrine and professional planning practice. Authoritative planning literature consistently recognizes internal procedural ordinances and policy frameworks—such as those governing staff coordination, application completeness, and impact evaluation—as core legislative tools intended to improve administrative clarity, consistency, and accountability. These instruments are generally afforded a deferential standard of review precisely because they organize process rather than adjudicate individual rights. The American Planning Association has long emphasized, through resources such as the Growing Smart Legislative Guidebook and Modernizing Development Regulations, that well-crafted procedural and evaluative standards enhance transparency and reduce arbitrary decision-making without infringing on quasi-judicial authority. Similarly, the UNC School of Government’s analysis in Land Use Law in North Carolina underscores that local governments may adopt detailed development standards and review procedures, provided that quasi-judicial bodies retain discretion to apply those standards based on the evidentiary record in each case. Guidance from the International City/County Management Association further reinforces that clear administrative frameworks promote ethical, accountable land use administration by reducing ad hoc decision- making and improving defensibility. In this context, the development of clearer SUP standards and policies is not only permissible under state law, but consistent with best practices in land use governance. When carefully calibrated to remain advisory, objective, and procedural in nature, such standards strengthen the integrity of the quasi-judicial process while preserving the legal authority and discretion of the County’s decision-making bodies. SUPPLEMENTAL STAFF REPORT 5 Scientific, Technical, and Evidentiary Basis A review of peer jurisdictions within North Carolina illustrates a clear, empirically grounded shift toward more detailed Special Use Permit standards and application requirements. These examples demonstrate how objective, technically informed SUP frameworks improve the quality of decision-making, strengthen the evidentiary record, and reduce legal and enforcement risk— outcomes that are directly relevant to Person County’s current experience. Wake County provides a strong example of how explicit SUP findings translate abstract compatibility concepts into analytically defensible determinations. Its ordinance requires the Board of Adjustment to make specific findings addressing public health and safety, regulatory compliance, impacts on adjoining property values, harmony with surrounding land uses, and consistency with the adopted comprehensive plan. Each of these findings corresponds to measurable or observable impact domains—traffic generation, noise levels, operational intensity, land use context, and policy alignment—rather than subjective preference. Critically, Wake County’s process relies on a structured, technical review conducted by planning staff prior to the quasi-judicial hearing. Standardized checklists are used to evaluate potential impacts and compliance with ordinance criteria, ensuring that the record includes relevant data, professional analysis, and clearly articulated staff observations. From a scientific and legal standpoint, this approach reduces reliance on anecdotal testimony and provides decision-makers with a reproducible, evidence-based framework for evaluating whether a proposed use meets the ordinance standards. Franklin County similarly emphasizes the importance of detailed, site-specific information as the foundation for SUP review. Its application requirements mandate technical documentation such as topographic mapping at defined contour intervals, precise building and structure locations, circulation and access design, lighting and buffering plans, stormwater and drainage analysis, and utility capacity information. These requirements reflect well-established planning and engineering principles: land use impacts are spatially dependent, cumulative, and highly sensitive to site conditions. By requiring this level of detail upfront, Franklin County ensures that SUP decisions are informed by tangible, quantifiable characteristics rather than generalized narratives. For example, stormwater impacts can be assessed in relation to slope and drainage patterns; traffic impacts can be evaluated based on access design and circulation; and compatibility with adjacent uses can be analyzed through setbacks, buffering, and lighting plans. This technical specificity directly supports findings of fact and enhances the defensibility of imposed conditions. Taken together, these county examples illustrate a broader, evidence-driven trend: modern SUP administration increasingly relies on objective standards, technical submittals, and structured review processes to manage complex land use impacts. From a scientific and professional planning perspective, detailed SUP standards reduce uncertainty, improve consistency across cases, and allow discretionary decisions to be anchored in observable data and accepted methodologies. For Person County, adopting clearer SUP standards would align local practice with these established SUPPLEMENTAL STAFF REPORT 6 models, ensuring that quasi-judicial discretion is exercised within a framework that is transparent, analytically sound, and legally defensible. Comprehensive Plan Consistency Under Planning Ordinance Section 153 and the consistency requirements set forth in NCGS §§ 160D-604 and 160D-605, any amendment to the zoning ordinance must be evaluated for consistency with the County’s adopted comprehensive plan and related policy documents. This requirement applies equally to procedural and substantive amendments, including revisions to Special Use Permit standards that shape how discretionary land use decisions are made. The proposed updates to the SUP provisions further several core objectives articulated in the County’s comprehensive planning framework. By clarifying approval standards and application expectations, the amendments support the plan’s emphasis on clear, predictable, and uniformly applied land use regulations. This predictability benefits applicants and residents alike by reducing uncertainty and improving transparency in how development proposals are evaluated. The amendments also reinforce the plan’s goal of protecting rural character while allowing for appropriate and context-sensitive economic activity. Enhanced SUP standards provide a structured mechanism for evaluating higher-intensity or nontraditional uses in rural and residential areas, ensuring that such uses can proceed only where impacts are demonstrably compatible with surrounding land uses and community expectations. In addition, the proposed revisions advance adopted policies related to environmental stewardship, particularly the protection of water supply watersheds and other sensitive natural resources. Clearer SUP criteria and evidentiary requirements enable more rigorous assessment of site-specific impacts and the imposition of conditions that are proportionate, defensible, and tied to documented environmental risks. Finally, the updates promote fair, transparent, and legally defensible decision-making by strengthening the quasi-judicial framework governing SUP approvals. By aligning ordinance standards with current statutory authority and professional best practices, the amendments reduce the likelihood of inconsistent outcomes and enhance the County’s ability to support decisions based on the evidentiary record. Consistent with statutory requirements, the Planning Board’s recommendation should be accompanied by a formal statement of consistency affirming that the proposed SUP ordinance amendments are reasonable and consistent with the adopted comprehensive plan. POLICY RATIONALE AND PUBLIC INTEREST From a public-interest and policy-rationality standpoint, strengthening Special Use Permit standards provides clear, demonstrable benefits to the community while advancing a reasoned and proportional approach to land use regulation. SUPPLEMENTAL STAFF REPORT 7 First, clearer SUP standards directly serve the public by improving transparency and predictability in the development review process. When approval criteria and application requirements are well defined, residents can better understand how and why land use decisions are made, and applicants have a clearer sense of what is expected before investing in a proposal. This reduces perceptions of arbitrariness, increases public confidence in local government, and supports meaningful public participation grounded in identifiable standards rather than generalized concerns. Second, enhanced SUP standards promote consistency and fairness across cases, which is a core public value embedded in both planning practice and constitutional due process. By establishing objective benchmarks for evaluating impacts such as traffic, noise, environmental sensitivity, and compatibility, similarly situated properties and applicants are treated more alike. This consistency reduces the likelihood that outcomes will depend on ad hoc judgment or shifting interpretations, thereby protecting the public from uneven enforcement and reducing exposure to legal challenges that can divert public resources. Third, the proposed approach is rational because it aligns regulatory rigor with the level of potential impact. SUPs are reserved for uses that are not appropriate for approval by right due to their site- specific or operational characteristics. Requiring more detailed standards and evidence for such uses is a proportional response to the greater risks they may pose to neighboring properties, public infrastructure, and natural resources. This rational nexus between potential impact and regulatory oversight is a foundational principle of land use law and supports the legitimacy of the ordinance. Fourth, clearer SUP standards enhance the County’s ability to protect public health, safety, and welfare without unnecessarily restricting lawful land use. By focusing on measurable impacts and enforceable conditions—rather than broad prohibitions—the County can accommodate economic activity and property rights while ensuring that development occurs in a manner consistent with community expectations and environmental constraints. This balanced approach benefits the public by allowing flexibility where appropriate and safeguards where necessary. Finally, from an administrative perspective, the amendments are rational because they improve efficiency and accountability. Better-defined standards lead to more complete applications, more focused hearings, and clearer findings of fact, all of which reduce delays, improve enforcement, and minimize post-approval disputes. This results in more effective use of public staff time and taxpayer resources, while producing decisions that are more durable over time. In sum, the proposed SUP enhancements advance a legitimate public purpose, are logically connected to identified land use challenges, and employ reasonable means to achieve their objectives. As such, they represent a rational and beneficial exercise of the County’s land use authority that serves both individual property owners and the broader public interest. ECONOMIC DEVELOPMENT AND RURAL CHARACTER Refined Special Use Permit standards support economic development by creating a more predictable and investment-ready regulatory environment while maintaining appropriate public oversight. From an economic perspective, uncertainty is a material barrier to development; vague SUPPLEMENTAL STAFF REPORT 8 approval criteria, inconsistent application requirements, and ad hoc conditions increase risk and can deter otherwise viable projects. Clear SUP standards reduce that uncertainty by establishing transparent expectations for site design, operational characteristics, and impact mitigation before an application is filed. For businesses and landowners considering projects that require SUP approval—particularly those involving emerging industries, value-added agricultural uses, renewable energy, logistics, or airport-related activity—well-defined standards allow proposals to be structured to meet County expectations from the outset. This improves the likelihood of successful outcomes, shortens review timelines, and reduces costly redesigns or contested hearings. In this way, stronger SUP standards function as enabling infrastructure for economic development rather than as a constraint. At the same time, the SUP framework preserves the County’s ability to distinguish between appropriate economic activity and uses whose scale, intensity, or operational impacts would impose disproportionate costs on surrounding properties or public services. By tying approval to demonstrable evidence and measurable impacts, the County can facilitate development that contributes to the tax base and employment while avoiding externalized costs such as road degradation, emergency service strain, or environmental remediation. This alignment of private investment with public capacity represents a rational and fiscally responsible approach to economic development. Clearer SUP standards also play a critical role in protecting rural character, which remains a defining asset of Person County and a stated objective of its comprehensive planning policies. Rural character is often most vulnerable not to traditional agricultural uses, but to incremental intensification, commercialization, or episodic high-impact activities that fall into regulatory gray areas. SUPs are frequently the only tool available to evaluate whether such uses can coexist with surrounding farms, residences, and natural landscapes. By articulating objective criteria related to scale, frequency, intensity, siting, and operational impacts, enhanced SUP standards allow the County to distinguish between uses that are rural in form and function and those that are merely located in rural areas. This distinction is essential to avoiding land use conflicts that erode quality of life, generate enforcement challenges, and create pressure for reactive regulation. Importantly, protecting rural character through SUP standards does not require blanket prohibitions. Instead, it relies on calibrated conditions—such as limits on hours of operation, event size, lighting, noise, traffic management, and buffering—that allow certain uses to occur while maintaining the underlying rural context. This approach respects property rights and economic opportunity while acknowledging that rural areas have different tolerances for intensity and infrastructure demands than urban or suburban settings. Taken together, clearer SUP standards provide a rational mechanism for balancing economic development with rural preservation. They allow the County to accommodate growth and diversification in a manner that is intentional, evidence-based, and consistent with adopted policy SUPPLEMENTAL STAFF REPORT 9 goals, ensuring that economic gains do not come at the expense of the long-term viability and character of the County’s rural landscape. Professional planning and economic development research consistently indicates that well- structured Special Use Permit frameworks yield measurable benefits for both communities and applicants. In particular, the literature demonstrates that:  Clear, coordinated development review processes attract higher-quality, policy-aligned investment while reducing speculative or incompatible proposals.  Well-defined standards and early technical review reduce uncertainty, minimize redesign and withdrawal, and improve site feasibility before quasi-judicial hearings.  Upfront consideration of design, operations, infrastructure capacity, and environmental constraints results in more compatible development, fewer conflicts, and lower long-term public costs, particularly in rural and sensitive areas. Summary Policy Justification Strengthened Special Use Permit standards support economic development and rural character simultaneously by providing regulatory certainty while ensuring context-sensitive outcomes. Clear, objective SUP criteria reduce risk for prospective investors by establishing predictable expectations for site design, operations, and impact mitigation, which encourages higher-quality, long-term investment rather than speculative or incompatible development (economic development benefit). At the same time, these standards allow the County to evaluate the scale, intensity, and frequency of nontraditional or higher-impact uses proposed in rural areas, ensuring that growth occurs in a manner that respects existing land use patterns, infrastructure limitations, and community expectations (rural character protection). By focusing on measurable impacts— such as traffic, noise, lighting, and environmental sensitivity—rather than use prohibition, the SUP framework enables economic diversification while preserving the functional and visual qualities that define rural areas. This integrated approach reflects a rational planning strategy in which economic opportunity and rural preservation are treated as complementary objectives rather than competing interests. Cost-Benefit Assessment QUALITATIVE BENEFITS Establishing clearer SUP standards entails modest, primarily upfront costs. These include staff time and consultant resources required to draft ordinance amendments, develop standardized application requirements, and update internal review procedures. Additional effort may be needed for training board members and staff on revised standards and for initial adjustments by applicants as expectations become more explicit. In the short term, some applications may require more detailed technical submittals, marginally increasing preparation costs for applicants. From an administrative standpoint, clearer standards reduce staff time spent interpreting vague provisions, responding to incomplete applications, and managing post-approval disputes. More complete applications and focused hearings improve workflow efficiency and reduce delays. From a legal and risk-management perspective, well-defined standards strengthen findings of fact, SUPPLEMENTAL STAFF REPORT 10 improve record quality, and reduce exposure to appeals and litigation. Avoided legal challenges and reduced enforcement conflicts represent significant long-term cost savings to the County. From an economic development perspective, regulatory clarity lowers uncertainty for investors and landowners, reducing project abandonment and redesign costs while encouraging higher- quality, context-appropriate investment. From a community and infrastructure perspective, improved SUP standards enable more accurate assessment of site-specific impacts, leading to better-aligned conditions that protect rural character, environmental resources, and public infrastructure. This reduces downstream public costs associated with incompatible development, environmental degradation, or service strain. Stronger Litigation Record Overall, the establishment of clearer SUP standards represents a high-return, low-risk investment. Modest upfront administrative costs are offset by long-term gains in efficiency, legal defensibility, economic predictability, and community protection. The cost-benefit balance strongly favors adoption, particularly given the increasing complexity and frequency of SUP cases facing the County. QUANTITATIVE AND FISCAL CONSIDERATIONS Establishing clearer Special Use Permit (SUP) standards yields several quantifiable and fiscally relevant benefits, even though land use regulation outcomes are not always directly monetized. These benefits accrue across legal risk reduction, administrative efficiency, infrastructure protection, and economic predictability. From a legal and risk-management perspective, clearer SUP standards reduce the probability and cost of appeals, remands, and litigation. Quasi-judicial land use cases can impose significant direct costs on local governments, including staff time, attorney fees, expert testimony, and court expenses. Even a single avoided appeal can represent tens of thousands of dollars in direct and indirect savings. More precise standards improve the quality of findings of fact and the evidentiary record, measurably lowering the likelihood of adverse judicial outcomes. Administratively, standardized SUP requirements reduce processing time per application. Jurisdictions that implement clearer submittal checklists and review criteria routinely experience fewer incomplete applications, fewer continuances, and shorter hearing durations. This translates into reduced staff hours per case and improved throughput, allowing existing staff resources to handle increased development activity without proportional increases in personnel costs. Over time, this efficiency gain produces measurable budget stabilization benefits. Clear SUP standards also produce fiscal benefits by improving alignment between development intensity and public infrastructure capacity. More rigorous evaluation of traffic generation, stormwater impacts, and utility demand reduces the risk that development will impose unanticipated costs on County-maintained roads, drainage systems, or emergency services. Avoided infrastructure degradation and deferred capital expenditures represent tangible long-term savings, particularly in rural areas where service provision costs are high on a per-capita basis. SUPPLEMENTAL STAFF REPORT 11 From an economic development standpoint, regulatory clarity has a measurable effect on investment behavior. Studies in land use economics consistently show that reduced regulatory uncertainty lowers project risk premiums, improving the feasibility of appropriately scaled development. While difficult to attribute to a single ordinance change, this effect manifests in higher project completion rates, reduced redesign cycles, and more efficient use of private capital—outcomes that support a more stable and predictable tax base over time. Finally, clearer SUP standards improve enforcement efficiency. Conditions that are objective and measurable reduce inspection time, compliance disputes, and enforcement actions. This decreases ongoing operational costs and limits exposure to claims of selective enforcement. In aggregate, while the primary purpose of SUP standards is sound land use governance, the fiscal impacts are real and cumulative. Reduced legal exposure, improved staff efficiency, avoided infrastructure costs, and enhanced investment predictability together create a positive quantitative and fiscal return that outweighs the relatively modest cost of establishing and maintaining clearer SUP standards. Transportation and Infrastructure Impacts Clarified SUP standards improves County defensibility and decision-making ability. No adverse transportation impacts are anticipated. Environmental and Watershed Considerations Clearer Special Use Permit standards strengthen the County’s ability to make consistent, well- supported decisions and improve the legal defensibility of those decisions by reducing ambiguity and aligning findings with adopted ordinance standards, especially in support of the environmental health issues, reducing downstream compliance failures. Economic Development Impacts Clarified Special Use Permit standards enhance the County’s decision-making capacity while significantly improving the legal defensibility of quasi-judicial actions. By articulating objective approval criteria and evidentiary expectations, the County is better positioned to render consistent, well-supported findings of fact that are directly tied to ordinance standards. This clarity reduces ambiguity in the hearing process, supports disciplined evaluation of the record, and strengthens the County’s ability to defend SUP decisions against procedural or substantive challenges. No material adverse economic development impacts are identified. Findings of Fact Based on staff review, recent case experience, and changes in statutory and policy context, planning staff finds that revisions to the Special Use Permit ordinance are necessary to ensure effective, consistent, and legally defensible quasi-judicial decision-making. Accordingly, staff recommends that the SUP ordinance be updated to address the following areas. SUPPLEMENTAL STAFF REPORT 12 First, the ordinance should more clearly articulate the approval standards that govern SUP decisions. Required findings of fact should be expressly stated and expanded to reflect the full range of considerations inherent in quasi-judicial review, including protection of public health, safety, and welfare; compatibility with surrounding land uses; avoidance of undue harm to adjacent property values; evaluation of environmental and watershed impacts; and consistency with the adopted Joint Land Use Plan. Clear articulation of these standards will better guide applicants, staff analysis, and board deliberations, and will strengthen the evidentiary basis for decisions. Second, the ordinance should strengthen application submittal requirements to ensure that decision-makers have sufficient, site-specific information to evaluate potential impacts. Standardized site plans and supporting documentation should be required in a manner proportionate to the scale and intensity of the proposed use. Where applicable, this may include traffic, noise, lighting, environmental, and operational information necessary to support findings of fact and the imposition of enforceable conditions. Third, the ordinance should provide clearer guidance regarding the use of conditions and safeguards. This includes identifying the types of conditions that may be appropriately imposed to mitigate documented impacts, while reaffirming statutory limitations that prohibit exactions, taxes, or conditions unrelated to adopted ordinance standards. Clarifying these parameters will reduce ambiguity, improve consistency across approvals, and support effective enforcement. Finally, the SUP review process should be better integrated with the Development Review Committee to ensure that technical issues are identified and addressed prior to the quasi-judicial hearing. Earlier coordination will improve application completeness, focus hearings on evidentiary issues rather than technical deficiencies, and enhance the overall efficiency and defensibility of the SUP process. Collectively, these findings support the conclusion that targeted updates to the SUP ordinance are necessary to align current practice with statutory requirements, adopted policy objectives, and professional best practices. PERSON COUNTY IS EXPERIENCING INCREASED DEVELOPMENT COMPLEXITY. The governing body finds that Person County is experiencing a measurable increase in the complexity of development proposals subject to Special Use Permit review. This complexity is driven by shifting market conditions, expanding infrastructure and service demands, and a regulatory environment that increasingly requires coordination across local, state, and federal jurisdictions. Contemporary SUP applications routinely implicate multiple technical disciplines, including stormwater management, transportation access and capacity, utility availability, environmental and watershed protection, emergency services access, and compatibility with surrounding land uses. As the scope and intensity of SUP proposals have expanded, the limitations of fragmented or sequential departmental review have become more pronounced. When technical issues are evaluated in isolation or late in the process, applicants may receive inconsistent guidance, hearings SUPPLEMENTAL STAFF REPORT 13 may be continued due to unresolved deficiencies, and boards may be asked to make quasi-judicial determinations without a fully developed technical record. These conditions increase the risk of unclear findings, contested conditions, and post-approval compliance challenges. The governing body therefore finds that current development trends necessitate stronger internal coordination within the SUP review process. Enhanced coordination mechanisms, including earlier and more integrated technical review, are necessary to ensure that SUP applications are evaluated consistently, that potential impacts are identified and addressed before the quasi-judicial hearing, and that decisions are based on a complete and reliable evidentiary record. Such coordination improves the effectiveness of SUP administration while preserving the integrity and independence of the quasi-judicial decision-making process. THE AMENDMENT IS CONSISTENT WITH ADOPTED PLANS. North Carolina law expressly recognizes consistency with an adopted comprehensive plan as a valid and important basis for legislative zoning decisions pursuant to N.C. Gen. Stat. § 160D- 501(a). The governing body further finds that this amendment carries out the intent of the adopted plan by improving the administrative framework used to apply existing policies, without changing land use classifications or underlying development standards. Legislative Determinations PROCEDURAL DETERMINATION The governing body determines that establishing clearer Special Use Permit standards is necessary to strengthen the procedural integrity of the quasi-judicial review process. Clear approval criteria, defined application requirements, and improved coordination prior to public hearings ensure that SUP decisions are based on a complete and relevant evidentiary record. These measures support due process, focus hearings on material issues, and reduce the likelihood of continuances, remands, or procedural challenges. ADMINISTRATIVE DETERMINATION The governing body determines that updated SUP standards are essential to the effective administration of the County’s development regulations. Standardized submittal requirements and coordinated technical review improve consistency in staff analysis, reduce inefficiencies associated with incomplete or inconsistent applications, and allow existing staff resources to manage increasingly complex proposals. Clear standards also improve transparency and predictability for applicants and decision-makers, resulting in more efficient and reliable outcomes. ENFORCEMENT DETERMINATION The governing body determines that clarified SUP standards and condition parameters are necessary to ensure enforceable, defensible approvals. Objective standards and clearly defined conditions reduce ambiguity in interpretation, support consistent compliance monitoring, and minimize disputes during enforcement. Strengthened SUP standards enhance the County’s ability SUPPLEMENTAL STAFF REPORT 14 to uphold approved permits, protect the public interest, and reduce exposure to legal challenges related to enforcement actions. Conclusion and Recommended Action The analysis contained in this supplemental staff report demonstrates that the existing Special Use Permit framework no longer fully reflects the complexity of contemporary development proposals or the procedural expectations imposed by current state law and professional standards. As SUPs continue to serve as the primary mechanism for evaluating site-specific, higher-impact, or nontraditional uses, the absence of clearer standards and coordinated review processes presents increasing risks to consistency, enforceability, and legal defensibility. The proposed ordinance updates represent a rational, proportional response to these challenges. By clarifying approval criteria, strengthening application submittal requirements, and providing clearer guidance on conditions and safeguards, the County can ensure that quasi-judicial decisions are grounded in a complete and reliable evidentiary record. Improved procedural integration further supports efficient administration by resolving technical issues prior to public hearings, allowing boards to focus on material facts and ordinance standards rather than unresolved deficiencies. Importantly, the recommended changes are administrative and procedural in nature. They implement, rather than depart from, adopted comprehensive plan policies by improving how existing land use expectations are applied and enforced. The amendments do not alter zoning districts, permitted uses, or baseline development standards, but instead enhance the County’s ability to administer those standards fairly, consistently, and transparently. For these reasons, staff recommends that the Planning Board endorse the proposed updates to the Special Use Permit ordinance and forward a favorable recommendation to the Board of Commissioners, accompanied by a formal statement of plan consistency. Adoption of the proposed amendments will strengthen the integrity of the County’s land use regulatory framework, support sound economic development, protect rural character and environmental resources, and reduce long-term administrative and legal risk to the County. Resources 1. UNC School of Government 2. Wake, Franklin, and Guilford County SUP 3. Urban Land Institute 4.American Planning Association