01-20-2026 Agenda Packet BOAPERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street, Suite B
Roxboro, North Carolina 27573
PERSON COUNTY BOARD of ADUSTMENT
PERSON COUNTY OFFICE BUILDING, ROOM 215
SPECIAL MEETING AGENDA
January 20, 2026
7:00 P.M.
A. Call To Order / Determination of Quorum
B. Conflict of Interest polling of members
C. Regular Agenda
1. Petition VA-01-2025 – Variance - Recombination
2. Rules and Procedures
3. 2026 meeting calendar
D. Minutes of October 14, 2025
E. Adjournment
PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street Suite B
Roxboro, North Carolina 27573
December 22, 2025
NOTICE OF PUBLIC HEARING
The Person County Board of Adjustment will hold a public hearing on Tuesday, Jan. 20, 2026, at 7:00 p.m.
in Room 215 of the Person County Office Building at 304 S. Morgan St., Roxboro, NC to hear the
following:
• VA-01-2025 Request from Calvary Promotions LLC. to approve a Variance to Recombine the existing
1 acre and .53-acre tracts on 86-5 and 86-31 that each home identified on parcel 86-5 as 45 and 65
Halifax Rd will have its own .8-acre lot.
The public is invited to attend the Hearing. Substantial changes may occur to the request based on comments
from the public hearing. The Board of Adjustments reserves the right to recess the public hearing at another
place and time. For further information on the case(s) listed above, please contact the Person County
Planning and Zoning Department at (336) 597-1750.
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Please run in the legal section of the Courier Times on January 1st, 2026.
Please invoice: Person County Planning & Zoning Dept., 325 S. Morgan St. Suite B, Roxboro, NC 27573.
PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street, Suite B
Roxboro, North Carolina 27573
Agenda Item: C 1 - 5
I. Background
The Board of Adjustment (BOA) Rules and Procedures were last revised on May 6, 1998, and have not been
comprehensively updated since that time. Planning and Zoning staff recommend a thorough update to these Rules
and Procedures to ensure consistency with current statutory requirements and contemporary planning practices.
Specifically, the proposed revisions are intended to align the BOA’s governing documents with North Carolina
General Statute (NCGS) Chapter 160D and to incorporate best practices observed in comparable jurisdictions
across North Carolina.
The purpose of these updates is to:
• Ensure full compliance with the requirements and intent of NCGS Chapter 160D
• Simplify and clarify existing provisions to improve readability, usability, and consistent interpretation by
Board members, staff, applicants, and the public
• Enhance procedural efficiency while increasing public accessibility, transparency, and overall
effectiveness in the administration of BOA functions
III. Summary of Information
Key updates include:
• Replacing the previous NCGS 153 with current NCGS 160D
• Update Notice to reference Planning Ordinance or NCGS 160D
• Update Special Meetings to reference NCGS 33C and 160D
• Specify meeting schedule
V. Comprehensive Plan Consistency
Person County Planning Ordinance Section 153, Amendments to the Zoning Map or Ordinance, as well as NCGS §
160D-604 & § 160D-605, requires consistency with the adopted Compressive Plan. A statement reflecting the
consistency must accompany the Planning Board recommendation. A general statement of plan consistency and
a desire for clear regulations can be used as adequate support, if a specific language from the Comprehensive plan
cannot be found.
VI. Recommended Action
1. Recommend Board of Commissioners approve the changes
VI. Submitted by
Nishith Trivedi, Planning Director
PERSON COUNTY PLANNING & ZONING DEPARTMENT
STAFF REPORT
VA-01-25
Request
Variance request from John Boyette (applicant) for Calvary Promotions, LLC (owner) to approve
a Variance to Recombine the existing 1 acre and .53-acre tracts on TM 86-5 and TM 86-31 that
each home identified on parcel 86-5 as 45 and 65 Halifax Rd will have its own .8-acre lot.
Background
December 11,
2025
December
23,2025
January 3, 2026
Attachments
Complete application for Special Use Permit received by planning staff
Hearing ads placed in the newspaper to run December 31 and January
8th
Notices mailed to property owners
The applicant has submitted a Variance Application with required application fee
The applicant has submitted a plat showing lot line adjustment of the property of Calvary
Promotions, LLC (proposed recombination plat)
General Map
Future Land Use Map
Zoning Map
Location, Current and Future Land Use
The Subject Properties are located on Halifax Road just north of its intersection with Mountain
Road. Both properties are zoned R (Residential), and both are in a Future Land Use Growth Area.
The adjoining properties to the North, South and West are also zoned R and in the same Future
Land Use Growth Area. The properties to the East are zoned R and are in a Future Land Use Rural
Area. The front parcel, Tax Map 86-5, is a one-acre lot that has two dwellings and several sheds
with each dwelling having an existing septic system and both dwellings share one well. The rear
parcel, Tax Map 86-3, is a 0.53-acre vacant undeveloped lot. Both Subject properties had been
non-conforming parcels until a recent Planning Ordinance Text Amendment. The front parcel,
Tax Map 86-5, had been non-conforming having two dwellings and less than two acres in size but
is now conforming with the second dwelling being an accessory dwelling. The rear parcel, Tax
Map 86-3, is a landlocked parcel with no separate access to Halifax Road.
Planning Staff Analysis
With the submission of the Variance Application and recombination plat, the applicants desire is to
recombine the two parcels and create one lot for each dwelling. This item is before the Board of
Adjustment in keeping with the requirements of the Development Review Procedures for Zoning
Variances. The applicant has submitted findings of fact for the required six items with the Variance
Application. A variance from the terms of this ordinance shall be granted by the Board of
Adjustment when a written application demonstrates all the following:
(1) That special conditions and circumstances exist which are peculiar to the land, structure, or
building involved, and which are not applicable to other lands, structures or building in the
same district. – In 1986, a manufactured home was allowed to be placed on parcel 85 5.
Separate septic tanks service the home of 45 and 67 Halifax Road, Roxboro, NC 27574. The two
Homes are serviced by a shared well. For some reason, the property lines were never
reconfigured separating the two homes. With the acquisition of Parcel 86 31 and the proposed
reconfiguration of the property lines, each home would sit on a lot of approximately .8 acres,
which is a larger parcel then what they are sitting on currently.
(2) That literal interpretation of the provisions of this ordinance would deprive the
applicant of rights commonly enjoyed by other property owners in the same district under the
terms of this ordinance. – The homes once updated and renovated would have to be sold with
the vacant lot, at one price point. Instead of two separate lots and prices, which would mean
that numerous potential home buyers would be unable to purchase.
(3) That the hardship is not the result of the applicant's own action. – The Applicant
is trying to correct a problem created by others in 1986. By reconfiguring the property lines and
including parcel 86-31, with 86-5, would create higher property tax revenue for the county.
While also providing affordable housing.
(4) That granting the variance requested will not confer on the applicant any special privilege that
is denied by this ordinance to other lands, structures, or building in the same district. – The
applicant would not receive special privileges since requested variance is only 2/10ths less than
the required 1 acre.
(5) That if the applicant complies with the provisions of the ordinance, he can secure no reasonable
use of his property. – The applicant has reached out to the adjoining landowner to meet the
required minimum 1 acre but has received no response.
(6) That granting of the variance will be in harmony with the general purpose and intent of this
ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the
public welfare. – The granting of this variance would not affect the harmony or cause injury to
the neighborhood. This would allow both properties to be sold at a reduced price, helping assist
the need for affordable housing in person County and increase the County’s property tax base
as well.
In addition to the grounds for granting variances specified by Section142-1(b) 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 Person 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.
Staff Recommendation
Based on the above, the Planning and Zoning Department staff recommends that the Board of
Adjustment approve VA-01-25, with the following conditions:
Applicant to obtain and record an approved recombination plat. Applicant to record an
affidavit/deed of recombination. Applicant to remove the existing accessory building that is
shown on the recombination plat as being located on the “New Line”.
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Rules of Procedure
Board of Adjustment
Person County, N. C.
(Revised May 6, 1998 – revisions drafted 9/29/25 by M Hauth)
I. GENERAL RULES
A. Governing Provisions. The Zoning Board of Adjustment shall be governed by the terms of
Article 18 of Chapter 153A, Section 345 Chapter 160D of the General Statutes of North
Carolina and by Article XIV of the Person County Planning Ordinance.
B. Rules. All members of the Board shall thoroughly familiarize themselves with these rules.
II. OFFICERS AND DUTIES.
A. Chairman. The chairman shall be elected by majority vote of the membership of the Board
from among its members. His term of office shall be for one year, and until his successor is
elected, beginning on July first and the Chairman shall be eligible for reelection. Subject to
these rules, the Chairman shall decide upon all points of order and procedure unless directed
otherwise by a two-thirds (2/3) majority vote of the Board in session at the time. The
Chairman shall appoint any committees found necessary to investigate any matter before the
Board.
B. Vice Chairman. A Vice Chairman shall be elected by the Board from among its members in
the same manner and for the same term as the Chairman. He shall serve as active Chairman
in the absence of the Chairman and at such times, he shall have the same powers and duties
as the Chairman.
C. Secretary. The Person County Planning Director or his or her designee shall serve as Secretary
to the Board. The Secretary shall maintain the minutes of every meeting of the Board. These
shall be and show the record pertaining to each meeting and hearing, every resolution acted
upon by the Board, and all votes of members of the Board upon any resolution or upon the
final determination of any question, indicating the names of members absent or failing to
vote. If the Secretary is chosen from outside the membership of the Board, he shall not be
eligible to vote upon any matter.
Ill. ALTERNATE MEMBERS
Alternate Members. Alternate members of the Board shall be called on to attend meetings and
hearings in case one or more regular members are absent or are unable to participate in hearing a
case because of financial or other a conflict of interest. Regular members, on receiving notice of a
regular or special meeting that they cannot attend or on learning that they will be unable to
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participate in a particular case, shall give prompt notice to the Board secretary that they are unable
to attend or participate. On receiving such notice, the secretary shall, by the most expeditious means,
notify an alternate member to attend. At any meeting that they are called on to participate, alternate
members shall have the same powers and duties as regular members.
IV. MEMBERSHIP
A. General. Membership on the Zoning Board of Adjustment shall be governed by the terms of
Article 18 of Chapter 153A, Section 345 Chapter 160D of the General Statutes of North
Carolina and by Article XIV XIII, Section 140 of The Person County Planning Ordinance.
B. Appointment & Terms. The Person County Board of Commissioners shall appoint members
to serve on the Board in accordance with a resolution entitled "Appointment process for
Boards, Commissions, Authorities, and Committees." and is included as attachment A.
V. RULES OF CONDUCT
A. Faithful attendance at all meetings of the Board and conscientious performance of the duties
required of members of the Board shall be considered a prerequisite of continuing
membership on the Board.
B. No Board member shall take part in the hearing, consideration or determination of any case
in which he has a personal or financial conflict of interest, as defined in Chapter 160D-109 of
the General Statutes of North Carolina.
C. No Board member shall vote on any matter deciding an application or appeal unless he shall
have attended the public hearing on that application or appeal.
D. No Board member shall discuss any case with any parties thereto prior to the public hearing
on that case.
E. Members of the Board will not express individual opinions on the proper judgment of any
case with any parties thereto prior to the Board's determination of that case.
VI. MEETINGS
A. Regular Meetings. Regular meetings of the Board shall be held on a regular basis the third
Tuesday of each month in the Person County Office Building, 304 South Morgan Street,
Roxboro, North Carolina. A current schedule showing the time and place of regular meetings
shall be adopted by the Board annually, filed with the Clerk to the Board of County
Commissioners, and the Person County Planning and Zoning Department.
If no business needing the attention of the Board has arisen since the last meeting and no
unfinished business is pending, then the Chairman Secretary may notify the other members
through the Secretary by the most expeditious means, that the meeting for that month will
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not be held. This notification should be given at least 24 hours in advance of the regularly
scheduled meeting.
In the event of inclement weather, the Chairman may postpone the Board's meeting.
Members and applicants shall be notified as soon as possible.
B. Special Meetings. Special meetings of the Board may be called at any time by the Chairman
or by the Secretary. Except for an emergency meeting, written notice of the special meeting
shall be given by the Secretary or the Chairman to each member of the Board at least 48 hours
before the time of the meeting. Notice of a special meeting held for a public hearing must be
given in accordance with Article VII. (Appeals and Applications), item D- 2 of these Rules of
Procedure. An emergency meeting may be called at any time by the Chairman because of
generally unexpected circumstances that require immediate consideration by the Board.
Notice of an emergency meeting shall be given to local news media either by telephone or by
the same method used to notify Board members immediately after notice has been given to
Board members. Notice of special and emergency meetings must meet the requirements of
North Carolina General Statutes Article 33C of Chapter 143 and notice requirements in
Chapter 160D for the application being discussed, if relevant.
C. Quorum. A quorum shall consist of a majority of the Board; however, the concurring vote
of four-fifths (4/5ths) of the entire membership of the Board shall be necessary to reverse
any order, requirement, decision, or determination of the Zoning Administrator; to decide in
favor of the applicant any matter which it is required to pass under the Person County
Planning Ordinance; or grant any variance.
D. Conduct of Meeting. All meetings shall be open to the public as governed by Article 33C of
Chapter 143 of the General Statutes of North Carolina. The order of business at regular
meetings shall be as follows: (a) call to order; (b) acknowledgment of a quorum; (c) hearing
of cases referred from a previous meeting; (d) hearing of new cases; (f) approval of minutes;
(g) unfinished business; (h) new business; (i) adjournment.
VII. APPEALS AND APPLICATIONS
A. Types of Appeals. The Board shall hear and decide all appeals from and review any order,
requirement, decision, or determination made by the Zoning Administrator. The Board shall
also hear and decide all matters referred to it or upon which it is required to pass by Person
County Planning Ordinance. In deciding appeals, the Board may hear both those based upon
an allegedly improper or erroneous interpretation of the ordinance and those based upon
alleged hardship resulting from strict interpretation of the ordinance.
B. Procedure for Filing Appeals. No appeal shall be heard by the Board unless notice thereof is
filed within thirty (30) days after the interested party or parties receive written notice of the
order, requirement, decision or determination by the Zoning Administrator. Notice of the
appeal shall be made by filing written specification of the grounds for the appeal with the
Zoning Administrator.
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C. Procedure for Filing Applications. No application for a variance, vested right status, zoning
district boundary interpretation or conditional use permit to be issued by the Board of
Adjustment shall be considered by the Board unless a complete application is received by the
Zoning Administrator at least fifteen (15) working days prior to the regularly scheduled
meeting at which the application is to be heard. All applications shall be made upon the form
furnished for that purpose and all required information shall be provided thereon before the
application shall be considered as having been filed.
D. Fees. No application or notice of appeal shall be considered as complete until a filing fee has
been paid to the County of Person as specified in the adopted county budget fee schedule.
E. Hearings.
1. Time. After receipt of the completed notice of appeal or application, the Zoning
Administrator shall schedule the time for a hearing at the next regularly scheduled
meeting within thirty-six (36) working days from the filing of such notice or completed
application or at a special meeting.
2. Notice. The Board shall give public notice of the hearing by all of the following means:
(a) by publishing or advertising or advertising notice of the hearing in a newspaper of
general circulation in Person County at least once and at least five (5) days prior to
the date of the hearing; (b) by mailing notices of the hearing to the parties to the
action at least five (5) days prior to the hearing; (c) by mailing notices of the hearing
to the residents of all properties adjoining any portion or within five-hundred (500)
feet of the property which is the subject of the action at least five (5) days prior to the
hearing. Notice shall be provided as required for the appeal or application type as
defined in the Person County Planning Ordinance. If the Planning Ordinance does not
define a specific notification requirement, the requirements of Chapter 160D for
evidentiary hearings shall be followed.
3. Conduct of Hearing. Any party may appear in person or by agent or by attorney at
the hearing. The order of business for each hearing shall be as follows: (a) the
Chairman, or such person as he shall direct, shall give a preliminary statement of the
case; (b) the Chairman shall swear in all those wishing to give testimony; (c) the
applicant shall present the arguments in support of his case or application; (d) persons
opposed to granting the application shall present the argument against the
application; (e) both sides will be permitted to present rebuttals to opposing
testimony; (f) the Chairman shall summarize the evidence which has been presented,
giving the parties an opportunity to make objections or corrections. Witnesses may
be called and factual evidence may be submitted, but the Board shall not be strictly
limited to consideration of such evidence as would.be only admissible in a court of
law. The Board may, in its discretion, view the premises and obtain additional facts in
the matter before arriving at a determination of the case.
4. Rehearing. An application for a rehearing may be made in the same manner as
provided by an original hearing. Evidence in support of the application shall initially
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be limited to that which is necessary to enable the Zoning Administrator to determine
whether there has been a substantial change in the facts, evidence, or conditions in
the case. A rehearing shall be denied by the Zoning Administrator if, in his or her
judgment, there has been no substantial change in the facts, evidence, or conditions
in the case. If the Zoning Administrator finds that there has been such a change, he or
she shall thereupon treat the request in the same manner as any other application.
F. Decisions:
1. Time. Decisions by the Board shall be made not more than thirty-six (36) days from
the time of the hearing.
2. Form. Written notice of the decision in a case shall be given to the applicant by the
Secretary as soon as practicable after the case has been decided. The final decision of
the Board shall be shown in the record of the case as entered in the minutes of the
Board as approved by the Board. The record shall show the reasons for the decision
with a summary of the evidence introduced and the findings of fact made by the
Board.
3. Expiration of Permits. Unless otherwise specified, any order or decision of the Board
granting a variance or a conditional use permit shall expire if a building permit or
Certificate of Occupancy for such use is not obtained by the applicant within six (6)
months from the effective date of the decision.
4. Voting at Hearing. The concurring vote of four-fifths (4/5ths) of the entire
membership of the Board shall be necessary to reverse any order, requirement,
decision, or determination of the Zoning Administrator to decide in favor of the
applicant any matter which it is required to pass under the Person County Planning
Ordinance; or to grant a variance. For all other matters, a majority vote of the
members present shall be necessary.
5. Public Record of Decisions. The decisions of the Board, as filed in its minutes, shall
be a public-record available for inspection at all reasonable times. Written notice of
the decision in a case shall be filed by the Secretary with the Planning and Zoning
Department as soon as practicable after the case has been decided.
VIII. AMENDMENTS
A. These rules may, within the limits allowed by law, be amended at any time by an affirmative
vote of not less than a majority of the Board, provided that such amendment be presented in
writing at a regular or special meeting preceding the meeting at which the vote is taken.
PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street, Suite B
Roxboro, North Carolina 27573
Agenda Item: C 3
I. Background
In accordance with the Board of Adjustment (BOA) Rules and Procedures, the Board is required to annually
establish and approve its regular meeting calendar and ensure that the approved meeting dates are publicly
posted on the County’s website. This process promotes transparency, provides advance notice to the public and
interested parties, and supports the orderly administration of the Board’s quasi-judicial responsibilities.
Planning and Zoning staff have prepared a proposed 2026 regular meeting calendar for the Board’s consideration.
The recommended schedule is designed to comply with all applicable procedural requirements, provide
consistency in meeting dates, and ensure adequate opportunity for public participation. Staff therefore
recommends approval of the proposed 2026 regular meeting calendar as presented, and subsequent publication
of the approved dates on the County website in accordance with established policy.
III. Summary of Information
• January 20, 2026
• February 17, 2026
• March 17, 2026
• April 21, 2026
• May 19, 2026
• June 16, 2026
• July 21, 2026
• August 18, 2026
• September 15, 2026
• October 20, 2026
• November 17, 2026
• December 22, 2026
VI. Recommended Action
1. Approve the 2026 BOA calendar
VI. Submitted by
Nishith Trivedi, Planning Director
PERSON COUNTY
PERSON COUNTY BOARD OF ADJUSTMENT BOARD MEETING
MINUTES
Person County Office Building, Room 215
October 16th, 2025, 7:00 PM
1. CALL TO ORDER/DETERMINATION OF A QUORUM
Chair Cynthia Lynch called the meeting to order at 7:00 PM and welcomed attendees.
She noted the meeting would follow a quasi-judicial format and that testimony would be
limited to competent, material, and substantial evidence regarding the appeal under
consideration.
2. Roll Call
Conducted by Staff Michie Brandon. The following members were present:
• Steven Evans (Alternate)
• Bernhard Lampert
• David White
• Cynthia Lynch
A quorum was declared.
3. Approval of Formal Order
Member white and Chair Lynch stated there were corrections that needed to be made for spacing
and typo errors.
Member Evans moved to approve as amended. Member White Seconded a vote was made and it
was unanimous.
4. Approval of the Minutes
Member Lynch and Member Lampert stated the there were corrections that needed to be made
for typos on the minutes.
Member Lampert made a motion to approve the minutes as amended. Member White seconded.
A vote was made and it was unanimous.
ADJOURNMENT
Member Evans moved to adjourn. Member Lampert seconded.
Vote: Motion carried unanimously, 4–0. The meeting was adjourned at 7:20 p.m.
___________________________________
Chair, Cynthia Lynch
___________________________________
Recording Secretary, Michie Brandon
Planning Technician, Person County Planning and Zoning