04-20-2026 Agenda Packet BOCPERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
MEETING AGENDA
304 South Morgan Street, Room 215
Roxboro, NC 27573-5245
336-597-1720
Fax 336-599-1609
April 20, 2026
9:00 a.m.
This meeting will convene in Room 215 of the County Office Building.
1.CALL TO ORDER...................................................................................................Chairman Puryear
2.INVOCATION
3.PLEDGE OF ALLEGIANCE
4.DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
5.RECOGNITION
A.Resolution Recognizing Retiree Melinda Long (pg.3).........................................Chairman Puryear
B.Stewardship Week 2026 Proclamation (pgs.4-5)................................................Nancy McCormick
C.National Volunteer Week Proclamation (pgs.6-7) ..............................................Chairman Puryear
D.Line Worker Appreciation Day Proclamation (pgs.8-9).......................................Chairman Puryear
6.PUBLIC HEARING
A.Text Amendment TA-1-26 – Planning Ordinance
Consolidation (pgs.10-246)...........................................................................................Nish Trivedi
7.INFORMAL COMMENTS
The Person County Board of Commissioners established a 10-minute segment which
is open for informal comments and/or questions from citizens of this county on issues,
other than those issues for which a public hearing has been scheduled. The time will
be divided equally among those wishing to comment. It is requested that any person
who wishes to address the Board, register with the Clerk to the Board prior to the
meeting.
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8.DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA
A.April 6, 2026, Minutes pgs.247-277)
B.Budget Amendment #17 (pg.278)
C.Budget Amendment #18 (pgs.279-280)
D.5311 Certification Resolution (pgs.281-282)
E.Six Remnant Defendants' Opioid Settlement (pgs.283-289)
9.NEW BUSINESS
A.America 250 Update (pgs.290-296)..........................................................................Kim Strickland
B.Recycling Center Update and Fee Schedule (pgs.297-302)
Amendment.................................................................................................................Amanda Doss
C.Sheriff’s Office Progress Report/ Accomplishments(pgs.303-308)...Chief Deputy M.C. Massey
D.Person County Detention Facility Medical
Services Update and FY27 Contract (pgs.309-334) .............................Chief Deputy M.C. Massey
E.FY 2027-2031 Recommended Capital Improvement
Plan (CIP).(pgs.335-359).......................................................................................Katherine Cathey
F.Economic Development Organizational Structure (pgs.360-368).........................Katherine Cathey
G.Process for Amending the Planning Ordinance (pgs.369-374)..............................Katherine Cathey
H.FY27 Budget Preview (pg.375).............................................................................Katherine Cathey
I.Appointments to Boards and Committees (pgs.376-394).....................................Michele Solomon
10.CHAIRMAN’S REPORT
11.MANAGER’S REPORT
12.COMMISSIONERS’ REPORTS/COMMENTS
13.CLOSED SESSION
A.Closed Session #1 per General Statute 143-318.11(a)(5) to establish, or to instruct
the public body's staff or negotiating agents concerning the position to be taken by
or on behalf of the public body in negotiating the price and other material terms of
a contract or proposed contract for the acquisition of real property by purchase,
option, exchange, or lease with the following individuals permitted to attend:
County Manager Katherine Cathey, Clerk to the Board Michele Solomon, and
County Attorney T.C. Morphis, Jr.
B.Closed Session #2 per General Statute 143-318.11(a)(6) for the purpose to discuss
personnel with the following individuals permitted to attend: County Manager
Katherine Cathey and County Attorney T.C. Morphis, Jr.
Note: All Items on the Agenda are for Discussion and Action as deemed appropriate by
the Board.
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RESOLUTION OF APPRECIATION
WHEREAS, Melinda Long has faithfully and diligently served the people of Person
County throughout her distinguished employment with the Person County
Health Department; and
WHEREAS, Melinda Long has rendered devoted service to the citizens of Person
County with compassion, honor, integrity, and unwavering dedication,
providing accurate and conscientious support for twenty years, from
February 1, 2006 to May 1, 2026; and
WHEREAS, Melinda Long has consistently demonstrated exceptional professionalism
and commitment to public service, thereby earning the respect, confidence,
and admiration of colleagues, county leadership, and all who have had the
privilege of working alongside her; and
WHEREAS, the County of Person gratefully acknowledges the significant contributions
of Melinda Long in her roles as Office Assistant III and Processing
Assistant IV; and
WHERAS, the Person County Board of Commissioners wishes to honor Melinda Long
upon the occasion of her retirement and extend to her its sincere
appreciation for her exemplary service to the County;
NOW, THEREFORE, I, Kyle Puryear, Chairman of the Person County Board of Commissioners,
do hereby present this Resolution of Appreciation to Melinda Long in recognition of her
outstanding service, dedication, and lasting contributions to the betterment of Person County.
Adopted this, the 20th day of April 2026.
____________________________________
Kyle Puryear, Chairman
Person County Board of Commissioners
Attest:
____________________________________
Michele Solomon, NCCCC
Clerk to the Board of Commissioners
3
AGENDA ABSTRACT
Meeting Date:
April 20, 2026
Agenda Title:
Proclamation – Stewardship Week 2026: “Soil. Where it All Begins.”
Summary of Information:
Stewardship Week is a national natural resource awareness program organized by the National
Association of Conservation Districts (NACD). Observed from April 26 – May 3, 2026, this
year’s theme is “Soil. Where it All Begins.”
Across the U.S., over 3,000 conservation districts participate in this initiative. Locally, the
Person Soil and Water Conservation District will launch a series of community-wide events
and school programs focused on soil health and conservation, extending through the summer
months.
This proclamation formally recognizes Person County’s ongoing commitment to
environmental stewardship and the protection of our vital natural resources.
Financial Impact:
None
Recommended Action:
Approve proclamation by declaring the week of April 26 – May 3, 2026 as Stewardship Week
in Person County.
Submitted By:
Nancy McCormick, Soil & Water Director
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Proclamation
Stewardship Week
April 2026
WHEREAS, healthy, fertile soil and clean water are the lifeblood of nutrition and sustenance throughout the world,
and soil conservation is a benefit to everyone; and
WHEREAS, effective conservation practices ensure that soil, water, animals, plants, and air can support a rich
standard of living; and
WHEREAS, our survival and continued access to quality food and water depend upon the robust management of
diverse natural resources nationwide; and
WHEREAS, stewardship calls upon every individual to help conserve these precious resources to ensure their
prosperity for generations to come; and
WHEREAS, restoring and protecting soil plays a vital role in holding water, cycling nutrients, supporting wildlife,
preventing flooding, and enhancing ecosystem health, thereby strengthening the foundation for long-term soil and
water conservation efforts; and
WHEREAS, the theme for the 2026 Stewardship Week, “Soil. Where it All Begins.”, celebrates the power of soil in
supporting life in all its forms and underscores soil as the starting point for healthy food, clean water, thriving
habitats, and resilient communities; and
WHEREAS, Person County recognizes the importance of preserving and restoring soil as part of our collective
conservation efforts;
NOW, THEREFORE, the Person County Board of Commissioners hereby proclaims the week of April 26, 2026-
May 3, 2026, as Stewardship Week in Person County, and encourages all residents to participate in conservation
efforts and activities celebrating the theme “Soil. Where it All Begins.
Adopted this 20th day of April 2026.
____________________________
Kyle Puryear, Chairman
Person County Board of Commissioners
ATTEST:
_____________________________
Michele Solomon, NCCCC
Clerk to the Board
5
AGENDA ABSTRACT
Meeting Date:
April 20, 2026
Agenda Title:
Proclamation Recognizing National Volunteer Week 2026
Summary of Information:
National Volunteer Week will be observed April 19–25, 2026. The 2026 theme, “Shining a
light on the people and causes that inspire us to serve,” highlights the importance of
volunteerism and honors individuals who dedicate their time, talents, and compassion to
strengthening communities. The attached proclamation recognizes the numerous volunteers
across Person County who contribute in meaningfully to schools, nonprofits, civic
organizations, emergency services, and local government programs by serving on various
boards and committees. Their service enhances the quality of life for all residents and
promotes a stronger, more connected, and resilient community.
Person County would also like to recognize and thank the volunteers currently serving across
various authorities, boards, commissions, and committees that support the operation of county
government. More than 200 volunteers collectively spend countless hours with little to no
recognition. As a gesture of appreciation, we would like to present each volunteer with a small
gift at a future date.
Financial Impact:
None
Recommended Action:
Adopt the Proclamation Recognizing National Volunteer Week 2026
Submitted By:
Michele Solomon, Clerk to the Board
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Proclamation
National Volunteer Week
April 2026
WHEREAS, volunteerism is essential to how Person County thrives, as residents generously
contribute their time, talents, and compassion to improve the lives of others; and
WHEREAS, in 2026, National Volunteer Week marks its 50th anniversary, and will be observed
April 19–25, 2026, with the theme “Shining a light on the people and causes that inspire us to
serve,” reflecting our gratitude for volunteers whose actions motivate and uplift our community;
and
WHEREAS, volunteers across Person County engage in vital work supporting schools,
nonprofits, civic and community initiatives, emergency services, and local government programs
by serving on various boards and committees, dedicating thousands of hours to enhance
community wellbeing; and
WHEREAS, these selfless individuals embody the theme by not only serving their neighbors,
but also inspiring others to join in service, building a stronger, more connected, and more
resilient Person County; and
WHEREAS, the Person County Board of Commissioners recognizes that volunteerism enriches
civic life, addresses critical needs, and promotes the values of empathy, leadership, and
community engagement;
NOW, THEREFORE, the Person County Board of Commissioners does hereby proclaim April
19-25, 2026, as National Volunteer Week in Person County, North Carolina, and encourages all
residents to shine a light on volunteers and the causes that inspire us to serve, recognizing their
invaluable contributions to our community
Adopted, this, the 20th day of April 2026.
____________________________
Kyle Puryear, Chairman
Person County Board of Commissioners
ATTEST:
_____________________________
Michele Solomon, NCCCC
Clerk to the Board
7
AGENDA ABSTRACT
Meeting Date:
April 20, 2026
Agenda Title:
Lineworker Appreciation Day Proclamation
Summary of Information:
The Board is requested to consider adoption of a proclamation recognizing April 13, 2026, as
Lineworker Appreciation Day in Person County. The proclamation honors the essential
contributions of electric utility lineworkers who maintain, repair, and construct critical
infrastructure that powers homes, businesses, and community facilities. It highlights their
commitment to safety, their work in hazardous and emergency conditions, and the support
provided by local utility partners including Duke Energy, Piedmont Electric Membership
Corporation, and regional utility teams. The proclamation also issues a call to community
action encouraging residents to practice electrical safety, prepare for severe weather, report
outages promptly, and acknowledge the vital role lineworkers play in sustaining quality of life
in Person County.
North Carolina formally recognizes the second Monday of April as Lineworker Appreciation
Day, per North Carolina General Assembly House Bill 140, first adopted in 2015.The
Governor issues annual proclamations, such as the April 13, 2026, proclamation honoring over
1,000 cooperative lineworkers statewide. At the federal level, Congress passed House
Resolution 10 in 2017, designating April 18 as National Lineman Appreciation Day.
Financial Impact:
None
Recommended Action:
Adopt the proclamation declaring April 13, 2026, as Lineworker Appreciation Day in Person
County, aligning with both state and national recognition efforts.
Submitted By:
Michele Solomon, Clerk to the Board
8
Proclamation
Lineworker Appreciation Day
April 2026
WHEREAS, the second Monday of April is designated Lineworker Appreciation Day in the state of North Carolina
in recognition of North Carolina’s electric utility lineworkers that are essential frontline professionals who work
tirelessly to maintain, repair, and construct the electric and communications infrastructure that powers our homes,
businesses, and communities in our state; and
WHEREAS, these highly trained men and women perform their duties with skill, dedication, and an unwavering
commitment to safety, often working in hazardous conditions, challenging weather, and during emergencies in order
to ensure reliable service for all residents; and
WHEREAS, lineworkers play a critical role in protecting public safety by adhering to rigorous safety standards,
engaging in ongoing training, and implementing best practices that reduce risks for themselves, their coworkers, and
the public; and
WHEREAS, their emphasis on safety not only safeguards the electric grid but also contributes to reduced outages,
faster restoration times, and greater resilience of essential infrastructure during severe weather and emergency
events; and
WHEREAS, the work of these dedicated professionals is supported by the local utility partners who serve our
community, including Person County’s electric providers such as Duke Energy, Piedmont Electric Membership
Corporation, and other regional utility teams who maintain and enhance essential services; and
WHEREAS, lineworkers stand ready at all hours of the day and night to respond to outages, natural disasters, and
urgent infrastructure needs, demonstrating exceptional courage and professionalism; and
WHEREAS, Lineworker Appreciation Day provides an opportunity to recognize and honor the invaluable service,
sacrifice, and safety-driven commitment, of these essential workers;
NOW, THEREFORE, the Person County Board of Commissioners do hereby proclaim April 13, 2026 as
Lineworker Appreciation Day in Person County, and encourage all residents to join in expressing gratitude for the
dedication, expertise, and service of our lineworkers and the utility partners who support them, whose work keeps
our community connected and powered.
BE IT FURTHER RESOLVED that the Board of Commissioners calls upon the community to support
lineworkers by practicing electrical safety, preparing for severe weather, reporting outages promptly, and
acknowledging the vital role these professionals play in sustaining the quality of life in Person County.
Adopted, this the 20th day of April 2026.
____________________________
Kyle Puryear, Chairman
Person County Board of Commissioners
ATTEST:
_____________________________
Michele Solomon, NCCCC
Clerk to the Board
9
AGENDA ABSTRACT
Meeting Date:
April 20, 2026 (continued from April 6, 2026)
Agenda Title:
Text Amendment TA-01-26, Consolidate the Planning Ordinance
Summary of Information:
The proposed amendment, consolidates the following development regulations into the Planning
Ordinance, with no changes to the statutes:
–Flood Damage Prevention Ordinance
–Solar Energy System Ordinance
–Ordinance Regulating Sexually Oriented Businesses
–Zoning Ordinance to Limit Height of Objects Around Person County Airport
Financial Impact:
Not applicable
Recommended Action:
Conduct the public hearing and consider approval of the text amendment. A statement
reflecting consistency must accompany the decision.
A motion to approve could be worded as follows: “I hereby move to adopt the amendments to
the Planning Ordinance text amendment, (TA-01-26), and find it consistent with the adopted
Person County & City of Roxboro Joint Comprehensive Land Use Plan.”
Submitted By:
Nishith Trivedi, Planning Director
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PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street,
Roxboro, North Carolina 27573
TA 1-26 – Planning Ordinance – Consolidation
Staff Report
I. Background
Several previously adopted standalone development regulations have been incorporated into the Person County
Planning Ordinance to consolidate related land use regulations into a single, coordinated regulatory document.
The incorporated provisions include the following:
x Flood Damage Prevention Ordinance
x Solar Energy System Ordinance
x Ordinance Regulating Sexually Oriented Businesses
x Zoning Ordinance Limiting the Height of Structures and Objects in the Vicinity of the Person County Airport
Planning staff have incorporated the requested revisions into the updated draft text amendment and prepared a
final redlined version of the consolidated Planning Ordinance (Attachment 1) for review. The revisions are
administrative and organizational in nature, and no substantive or regulatory changes are proposed as part of this
amendment.
III. Public Engagement
x 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
– February 26, 2026 and March 5, 2026 - notice issued for Planning Board Public Hearing
– March 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.
V. Planning Board Action
On March 12, 2026, the Planning Board recommended TA 02-26 be approved in a vote of 5-1. Wagstaff dissented
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. Submitted by
Nishith Trivedi, Planning Director
11
An Ordinance Amending the Planning Ordinance
WHEREAS, the Person County Board of Commissioners finds that the proposed zoning/text
amendment is consistent with the Person County & City of Roxboro Joint Comprehensive Land Use Plan; and
WHEREAS, the Person County Board of Commissioners, of the State of North Carolina, finds that the
Text Amendment is reasonable and in public interest through consistency with the Person County & City of
Roxboro Join Comprehensive Land Use Plan.
WHEREAS. The organization of the Planning Ordinance into articles, sections, subsections,
and pagination is intended to provide clarity and ease of reference for users; and
WHEREAS. The Planning Ordinance may result in renumbering, reorganization, or changes
to pagination that do not alter the substantive meaning or intent of the regulations; and
NOW THEREFORE, be it ordained by the Person County Board of Commissioners that following:
SECTION 1. The Person County Planning Ordinance is hereby amended:
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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)
13
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
14
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
15
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
....................................................................................................................... 13
SECTION 31 – ALL WATER SUPPLY WATERSHED PROTECTION .................................................... 13
SECTION 32 – FALLS WATERSHED - STORMWATER ....................................................................... 22
SECTION 33 – FLOOD DAMAGE PREVENTION ................................................................................. 44
ARTICLE IV - BONA FIDE FARMS ......................................................... 73
ARTICLE V - ESTABLISHMENT OF DISTRICTS .................................. 74
SECTION 51 – INTERPRETATION OF DISTRICT BOUNDARIES .......................................................... 74
ARTICLE VI – APPLICATION OF DISTRICT REGULATIONS ............ 75
SECTION 61 – GENERAL REGULATIONS .......................................................................................... 75
SECTION 62 – RESIDENTIAL DENSITY OPTIONS .............................................................................. 76
ARTICLE VII – DISTRICT REGULATIONS ............................................ 77
SECTION 71 – DEFINITIONS .............................................................................................................. 78
SECTION 72 – TABLE OF PERMITTED USES ..................................................................................... 93
SECTION 73 – TABLE OF DIMENSIONAL REQUIREMENTS ............................................................... 99
SECTION 74 – LANDSCAPE BUFFERS .............................................................................................. 100
SECTION 75 – SETBACK REQUIREMENTS ...................................................................................... 101
SECTION 76 – CLUSTER DEVELOPMENT ........................................................................................ 102
ARTICLE VIII – USE SPECIFIC REQUIREMENTS .............................. 111
SECTION 81 – SITE PLAN REQUIRED ................................................................................................ 111
SECTION 82 – SPEICAL USE PERMITS ............................................................................................ 113
SECTION 83 – HOME OCCUPATIONS .............................................................................................. 118
SECTION 84 – MANUFACTURED HOMES ........................................................................................ 119
SECTION 85 – ORDINANCE REGULATIONG SEXUALLY ORIENTED BUSINESSES .......................... 122
SECTION 88 – SOLAR ENERGY SYSTEM ORDINANCE .................................................................... 134
ARTICLE IX – AIRPORT OVERLAY DISTRICT REQUIREMENTS .. 146
SECTION 91 – TO LIMIT HIGHT OF OBJECTS AROUND PERSON COUNTY AIRPORT ................... 146
SECTION 92 – AIRPORT OVERLAY NOISE EXPOSER DISTRICT ..................................................... 147
SECTION 93 – ZONING ORDINANCE TO LIMIT HEIGHT OF OBJECTS AROUND PERSON COUNTY
AIRPORT ......................................................................................................................................... 148
ARTICLE X – NONCONFORMING USES ............................................. 157
SECTION 101 – INTENT ................................................................................................................... 157
SECTION 102 – CONTINUATION OF NONCONFORMING USES ........................................................ 157
SECTION 103 – REPAIRS AND MAINTENANCE ............................................................................... 158
SECTION 104 – NONCONFORMING LOTS OF RECORD ................................................................... 158
ARTICLE XI – OFF-STREET PARKING AND LOADING ................... 160
ARTICLE XII – SIGNS .............................................................................. 162
SECTION 121 – PURPOSE AND SCOPE ............................................................................................. 162
SECTION 122 – SIGN COMPLIANCE ................................................................................................ 162
SECTION 123 – SIGS EXEMPTED .................................................................................................... 162
16
SECTION 124 – TEMPORARY SIGNS ............................................................................................... 163
SECTION 125 – ON-PREMISE SIGNS ............................................................................................... 163
ARTICLE XIII – ADMINISTRATIVE POWERS AND DUTIES ........... 168
SECTION 131 – ADMINISTRATION .................................................................................................. 168
SECTION 132 – APPROVALS AND COMPLIANCE ............................................................................ 168
SECTION 133 – ENFORCEMENT AND PENALTIES ........................................................................... 171
SECTION 134 – PLANNING BOARD ................................................................................................. 172
SECTION 135 – BOARD OF ADJUSTMENTS ..................................................................................... 172
ARTICLE XIV – SUBDIVISION REGULATIONS ................................. 174
SECTION 141 – SUBDIVISION TYPES .............................................................................................. 175
SECTION 142 – PROCEDURES FOR REVIEW AND APPROVAL OF MINOR SUBDIVISIONS .............. 177
SECTION 143 – PROCEDURES FOR REVIEW AND APPROVAL OF MAJOR SUBDIVISIONS .............. 178
SECTION 144 – SUBMISSION OF THE MAJOR CONSTRUCTION PLAT TO THE ZONING
ADMINISTRATOR ............................................................................................................................ 180
SECTION 145 – SUBMISSION OF THE MAJOR FINAL PLAT TO THE PLANNING AND ZONING
ADMINISTRATOR ............................................................................................................................ 181
SECTION 146 – BONDING REQUIREMENTS .................................................................................... 182
SECTION 147 – DESIGN STANDARDS .............................................................................................. 184
SECTION 148 – ADMINISTRATION .................................................................................................. 191
SECTION 149 – GLOSSARY ............................................................................................................. 194
ARTICLE XV – DEVELOPMENT APPLICATION REVIEW PROCEDURES 200
SECTION 151 – GENERAL ............................................................................................................... 200
SECTION 152 – CONDITIONAL USE PERMIT AND SPECIAL USE DISTRICTS ISSUED PRIOR TO
5/3/2021 .......................................................................................................................................... 201
SECTION 153 – ZONING PERMITS .................................................................................................. 201
SECTION 154 – ZONING MAP OR ORDINANCE AMENDMENTS ...................................................... 202
SECTION 155 – CONDITIONAL DISTRICT (CD) REZONINGS ......................................................... 204
SECTION 156 – SPECIAL USE PERMITS .......................................................................................... 206
SECTION 157 – DEVELOPMENT AGREEMENTS .............................................................................. 210
SECTION 158 – ZONIGN VARIANCES .............................................................................................. 213
SECTION 159 – VESTED RIGHTS .................................................................................................... 215
SECTION 160 – APPEALS ................................................................................................................ 218
ARTICLE XVI - SEPARABILITY ............................................................ 219
ARTICLE XVII – EFFECTIVE DATE ..................................................... 219
PERSON COUNTY DEPARTMENT OF PLANNING AND ZONING
Roxboro, NC 27573
17
PERSON COUNTY PLANNING ORDINANCE
1
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".
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)
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(Amended 09/09/2019, 11/16/20; 5/3/21, 8/4/25, 11/3/25, 11/18/25)
ACCESSORY BUILDING - An accessory building, structure or use is a building or structure or use on the
same lot or site with, or of a nature customarily incidental or subordinate to, and of a character related to the
principal use or structure except as specifically provided elsewhere in the Ordinance. Accessory buildings are,
but not limited to: sheds, garages, lean-to, storage building, carports, pool, but not to include well houses (not to
exceed 6’ x 6’), and gazebo or pool house if attached to footprint of pool. (Amended 6/3/2013, 11/16/20)
ACCESSORY USE - A subordinate use clearly incidental to the principal use of a zoning lot. (Def. Addition
1/11/96)
ADMINISTRATIVE DECISION - Decisions made in the implementation, administration, or enforcement of
development regulations that involve the determination of facts and the application of objective standards set
forth in local government development regulations. These are sometimes referred to as ministerial decisions or
administrative determinations. (Added 5/3/21)
AGRICULTURE OR FARM USE - The science or art of cultivating the soil and its fruits, especially in large
areas or fields, and the rearing, feeding, and management of livestock thereon, including every process and step
necessary and incidental to the completion of products there from for consumption or market and the incidental
turning of them to account. This includes tenant housing built for farm workers, but not to the construction of
houses built for family members or others who do not make their living from the farm; and to the storage,
processing, and sale of agricultural products raised on the premises.
AIRPORT ELEVATION - 609.4 feet above mean sea level.
APPROACH SURFACE - A surface longitudinally centered on the extended runway centerline, extending
outward and upward from the end of the primary surface and at the same slope as the 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.
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PERSON COUNTY PLANNING ORDINANCE
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BILLBOARD - An off-premise advertising sign designed for the display of information and/or advertising.
(Def. Added 3/17/97)
BOARD OF ADJUSTMENT - A body appointed by the County Commisioners to perform the duties described
in Section 144. (Amended 8/4/25)
BREWERY - A legal establishment for the production and packaging of malt beverages for distribution, retail,
wholesale, on or off-premise.
BUFFER - Natural or vegetated area through which stormwater run-off flows in a diffuse manner so that the
run-off does not become channelized and provided for infiltration of run-off and filtering of pollutants. The
buffer is measured landward from the normal pool evaluation of impounded structures and from the bank of each
side of perennial streams or rivers. The area shall be included in the calculation of minimum lot size required by
this ordinance.
BUILDING - Any structure used or intended for supporting or sheltering any use or occupancy (Amended
5/3/2021)
BUILDING LINE - A line running parallel (as determined by the actual location of the building on the lot),
with the front, side or rear of a building. (Amended 2-1-93)
BUILT UPON AREA - That portion of a development project that is covered by impervious or partially
impervious cover including buildings, pavement, gravel areas (e.g. roads, parking lots, and paths), recreation
facilities (e.g. tennis courts), etc. (Note: Wooden slatted decks and the water area of a swimming pool are
considered pervious). (Amended 11/3/97)
CAMPER/RECREATIONAL VEHICLE - A vehicular type unit designed as temporary living quarters for
recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another
vehicle. The basic entities are travel trailer, camping trailer, and truck camper and motor home. (Def. added
8/2/2010)
CAMPER/RECREATIONAL VEHICLE PARK - Any site or tract of land upon which two or more
recreational vehicles or tent spaces are provided for occupancy according to the requirements set forth in this
ordinance. (Def. added 8/2/2010)
CERTIFICATE OF OCCUPANCY - A statement signed by the Zoning Enforcement Officer setting forth that
the building, structure, or use complies with the Planning Ordinance and any applicable construction codes, and
that the same may be used for the purposes stated herein.
COMMERCIAL MODULAR BUILDING - A manufactured building designed to be used as a multi-family
dwelling unit (3 or more families) or as a commercial structure which has been constructed in and labeled
indicating compliance with the North Carolina State Building Code. (Def. Added 5/5/97)
CONDITIONAL ZONING – A legislative zoning map amendment with site-specific conditions incorporated
into the zoning map amendment. (Added: 5/3/21)
CONICAL SURFACE - A surface extending outward and upward from the periphery of the horizontal surface
at a slope of 20 to 1 for a horizontal distance of 4,000 feet.
CONSTRUCTION SITE IDENTIFICATION SIGN - A sign which identifies architects, engineers,
contractors, and other individual s or firms involved with construction on the premises, the name of the building
or development and/or the expected completion date. (Def. Added 3/17/97)
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PERSON COUNTY PLANNING ORDINANCE
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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 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.
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PERSON COUNTY PLANNING ORDINANCE
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DOUBLE-FRONTAGE LOT - A lot with street frontage along two opposite boundaries.
DU - A dwelling unit.
DWELLING - A building that contains one or two dwelling units used, intended or designed to be used, rented,
leased, let or hired out to be occupied for living purposes. (Added 5/3/21)
DWELLING, ACCESSORY - A dwelling unit constructed on a lot with a primary dwelling unit, built to the
state residential building code, and generally of a smaller size while providing a complete living facility as
defined in this ordinance. The accessory unit may be attached to the primary unit or freestanding. It may be
located above or attached to another customary accessory structure on the lot. It may be a “tiny home” built to
the North Carolina Residential Building Code. (Added 11/18/25)
DWELLING UNIT - A single unit providing complete, independent living facilities for one or more persons,
including permanent provisions for living, sleeping, eating, cooking and sanitation. (Revised 5/3/21)
ERECT - To build, construct, rebuild, reconstruct as the same are commonly defined.
EVENT CENTER - A commercial establishment and associated grounds engaged in the hosting and production
of pre-planned events like weddings, corporate parties, or reunions. Typical accessory uses include kitchens or
meal preparation space, limited overnight accommodations, photography studios, facilities to accommodate live
or recorded music, on- and off-site parking and outdoor recreation facilities. (Amended 9/9/19)
EVIDENTIARY HEARING - A hearing to gather competent, material, and substantial evidence in order to
make findings for a quasi-judicial decision required by a development regulation adopted under this Ordinance.
(Added 5/3/21)
FAMILY - One or more persons related by blood, adoption or marriage, or a group of not more than five (5)
persons not related by blood, adoption or marriage living together as a single housekeeping group in a dwelling
unit.
FAMILY CARE HOME - As defined in G.S. 160-D-907, a home with support and supervisory personnel that
provides room and board, personal care and habitation services in a family environment for not more than six
(6) resident handicapped persons. (Amended 8/4/25)
FIREARMS TRAINING/EDUCATION CENTER – The use of a property for the discharge of archery
devices and/or firearms, with a fee or membership basis, indoors or outdoors. The use shall not operate beyond
daylight hours (sunrise to sunset). The purpose of the discharge may be for skills development, training or
competition and subject to all local, state, and federal firearms laws. The use shall include classroom and/or
practical training and education regarding ownership, safety, handling, and marksmanship for the individual’s
recreation, hunting, or self-defense purposes. (Def. Added 8/4/25)
FREE STANDING SIGN - A sign that is attached to, erected on, or supported by some structure (such as a
pole, mast, frame, braces in or upon the ground, or other structure) that is not itself an integral part of or attached
to a building or other structure whose principal function is something other than the support of a sign. (Def.
Added 3/17/97)
FRONTAGE - All property abutting on one (1) side of a street measured along the street line.
GROUND SIGN - A sign placed upon the ground, or a free standing sign, not exceeding eight (8) feet in height.
(Def. Added 3/17/97)
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PERSON COUNTY PLANNING ORDINANCE
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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 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
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PERSON COUNTY PLANNING ORDINANCE
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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 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.
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.
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PERSON COUNTY PLANNING ORDINANCE
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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)
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)
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PERSON COUNTY PLANNING ORDINANCE
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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).
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)
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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.
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)
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PERSON COUNTY PLANNING ORDINANCE
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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, 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 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
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PERSON COUNTY PLANNING ORDINANCE
12
sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.
Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond
the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the
approach surface and at 90 degree angles to the extended runway centerline.
UNCOVERED - Not covered by a roof or other covering.
USE BY RIGHT - A use which is listed as an unconditionally permitted activity in this ordinance.
VARIANCE - A modification or alteration of any of the requirements of this ordinance.
VESTED RIGHT - A right pursuant to the North Carolina General Statutes to undertake and complete the
development and use of property under the terms and conditions of an approved site specific vesting
plan.(Amended 11/18/91; 5/3/21)
VISUAL RUNWAY - A runway intended solely for the operation of aircraft using visual approach procedures.
WATER DEPENDENT STRUCTURE - Any structure for which the use requires access to or proximity to or
citing within surface waters to fulfill its basic purpose, such as boat ramps, boat house, docks, and bulkheads.
Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial boat storage areas
are not water dependent structures.
WATERSHED - The entire land contributing surface drainage to a specific point.
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)
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PERSON COUNTY PLANNING ORDINANCE
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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 this article Ordinance. As of January 1, 1994, the new
use of land, or new structure within any Watershed Protection Overlay District shall comply with the
provisions of this Article as well as the use regulations applicable to the underlying zoning district.
Whenever standards of the underlying district differ from the Watershed Protection Overlay District, the
more restrictive provisions shall apply. (Amended 11/3/97)
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 article 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
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PERSON COUNTY PLANNING ORDINANCE
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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), this article 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 this article.
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 article Article III; and
2. (2) Expansions to all other structures classified as existing development must meet the requirement
of this article Article III, 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 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 Article Article
III.
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PERSON COUNTY PLANNING ORDINANCE
15
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 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)
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PERSON COUNTY PLANNING ORDINANCE
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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
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*
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PERSON COUNTY PLANNING ORDINANCE
17
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 Density 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.
refer to article vii, table 75-table of dimensional requirements and this article .
(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.
2. 30-7(b)Minimum Lot Requirement.
Lots meet minimum requirements stated in this Article VII, Table 75 of the Planning Ordinance.
3. 30-7(c)Open Space.
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PERSON COUNTY PLANNING ORDINANCE
18
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 Article, shall be
provided along all perennial streams and waters, as shown on the most recent version of U.S.G.S.
1:24,000 (7.5) scale topographic maps. The buffer shall be measured, as applicable, from either the
edge of both sides of the steam or landward from the normal pool elevation of the perennial water.
Projects that exceed the allowed built upon area shall provide a one hundred (100) foot vegetative
buffer along perennial waters.
Plats to contain the following language: “Written authorization from the North Carolina Division of
Water Quality may be required for activities that are proposed to occur within the fifty-foot Neuse
River Riparian buffer. Local program approvals do not authorize activities within the riparian
buffer”.
Whenever conflicts exist between Federal, State or Local laws, ordinance or rules, the more
restrictive provision shall apply. (Amended 2/15/2010)
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 Interpretation
Where uncertainty exists as to the location of a Watershed Protection Overlay District Boundary,
interpretations shall be made in accordance to this article Article V, Sections 50-2(a), (b), (c), and (d) of
the Planning Ordinance. (Amended 11/3/97)
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PERSON COUNTY PLANNING ORDINANCE
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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
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 may be appealed to the
Person County Board of Adjustment in accordance with this Article XIV of this 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 this article. Article XIV of this
Ordinance.
i. (a)In addition to the notification requirements stated in Article XIV, Section 157-3 of
this article 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 this article Article XIV, Section 157-3 (b) or (c).
iv. (d)In accordance with Article XIV, Section 157-3 (d) of this article 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.
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PERSON COUNTY PLANNING ORDINANCE
20
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 this article
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 article
ordinance and that potential buyers have notice of how the watershed regulations were applied to
the parcel pair. Only buyers of both of the paired parcels may submit the application for Special Use
Permit. A site plan for both parcels must be submitted and approved as part of the Special Use
Permit. If such a permit is granted, no change in the development proposal authorized for either
parcel shall be made unless the permit is amended. Upon issuance of such permit, one copy will be
forwarded to the Local Government Assistance Unit of the Division of Water Quality. Included with
the Special Use Permit will be a site plan, registered plats for both properties, a description of both
properties and documentation reflecting the development restrictions to the parcel pair that will
remain undeveloped.
2. (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-
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PERSON COUNTY PLANNING ORDINANCE
21
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.
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)
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PERSON COUNTY PLANNING ORDINANCE
22
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 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 article
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
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 article ordinance.”
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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;
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;
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PERSON COUNTY PLANNING ORDINANCE
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3. Establishing minimum post-development stormwater management standards and design criteria for
the regulation and control of stormwater runoff quantity and quality;
4. Establishing design and review criteria for the construction, function, and use of structural
stormwater BMPs that may be used to meet the minimum post-development stormwater
management standards;
5. Encouraging the use of better management and site design practices, such as the use of vegetated
conveyances for stormwater and the preservation of greenspace, riparian buffers and other
conservation areas to the maximum extent practicable;
6. Establishing provisions for the long-term responsibility for and maintenance of structural and
nonstructural stormwater BMPs to ensure that they continue to function as designed, are
maintained appropriately, and pose no threat to public safety;
7. Establishing administrative procedures for the submission, review, approval and disapproval of
stormwater management plans, for the inspection of approved projects, and to assure appropriate
long-term maintenance.
31-105
32-5 Applicability and Jurisdiction
1. (A)General
Beginning with and subsequent to its effective date, this ordinance article 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 article.
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 article 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 article.
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 article.
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 article or unless exempted. No development or redevelopment for which a permit is
required pursuant to this ordinance article shall occur except in compliance with the provisions,
conditions, and limitations of the permit.
4. (D)Map
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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 article.
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 article and the geographic
location of all engineered stormwater controls permitted under this ordinance article. In the event of
a dispute, the applicability of this ordinance article 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 ordinance article.
31-106
32-6 Intrepretation
1. (A)Meaning and Intent
All provisions, terms, phrases, and expressions contained in this ordinance article 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 article shall control for purposes of
application of this ordinance article.
2. (B)Text Controls in Event of Conflict
In the event of a conflict or inconsistency between the text of this ordinance article 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 article.
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 article.
4. (D)References to Statutes, Regulations, and Documents
Whenever reference is made to a resolution, ordinance article, 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, 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 article 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.
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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 article.
The Design Manual includes a list of acceptable stormwater treatment practices, including specific
design criteria for each stormwater practice. Stormwater treatment practices that are designed,
constructed, and maintained in accordance with these design and sizing criteria will be presumed to
meet the minimum water quality performance standards of the Falls Rules.
2. (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 article but prior to approval, the new information shall control and shall be utilized in
reviewing the application and in implementing this ordinance article with regard to the application.
31-108
32-8 Relationship to other laws, regulations and private agreements
1. (A)Conflict of Laws
This ordinance article is not intended to modify or repeal any other ordinance article, rule, regulation
or other provision of law. The requirements of this ordinance article are in addition to the
requirements of any other ordinance article, rule, regulation or other provision of law. Where any
provision of this ordinance article imposes restrictions different from those imposed by any other
ordinance article, 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
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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 article shall govern. Nothing in this ordinance article 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 article. 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 article
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
article.
31-110
31-10 Effective Date and Transtional Provisions
1. (A)Effective Date
This ordinance article 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 article 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 article 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 article 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 article 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 article shall continue to
be a violation under this ordinance article and be subject to penalties and enforcement under this
ordinance article unless the use, development, construction, or other activity complies with the
provisions of this ordinance article.
SECTION 31-2
32-11 Administration and Procedures
31-201Review and Decision-Making Entities
1. (A)Stormwater Administrator
a) (1)Designation
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A Stormwater Administrator shall be designated by Person County Board of County
Commissioners to administer and enforce this ordinance article.
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 article:
i. a.To review and approve, approve with conditions, or disapprove applications for approval
of plans pursuant to this ordinance article.
ii. b.To make determinations and render interpretations of this ordinance article.
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 article 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 article.
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 article.
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 article. 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 article, 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 article.
3. (C)Authority to File Applications
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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 article.
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 article,
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 article, 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
The Stormwater Administrator shall review the application and determine whether the application
complies with the standards of this ordinance article.
a) (1)Approval
If the Stormwater Administrator finds that the application complies with the standards of this
ordinance article, the Stormwater Administrator shall approve the application. The Stormwater
Administrator may impose conditions of approval as needed to ensure compliance with this
ordinance article. The conditions shall be included as part of the approval.
b) (2)Fails to Comply
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If the Stormwater Administrator finds that the application fails to comply with the standards of
this ordinance article, 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 article.
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.
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
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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 article, 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 article.
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 this article
Section 31-202(D).
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
article. 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
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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.
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 article 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 article, 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 article 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 article 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 article 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.
3. 31-304Control and Treatment of Runoff Volume
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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 article 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 article may achieve the additional reductions in nitrogen and
phosphorus loading required by this ordinance article 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 article 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 article shall be
evaluated by the Stormwater Administrator according to the policies, criteria, and information,
including technical specifications and standards and the specific design criteria for each stormwater
practice, in the Design Manual. The Stormwater Administrator shall determine whether proposed
BMPs will be adequate to meet the requirements of this ordinance article.
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
article. 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 article. The Stormwater Administrator may
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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 article 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 article. For all proposed major and minor
variances from the requirements of this ordinance article, 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 article;
b) (2)The variance is in harmony with the general purpose and intent of the local watershed
protection ordinance article 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 article so that the spirit of the ordinance
article shall be observed, public safety and welfare secured, and substantial justice done may impose
reasonable and appropriate conditions and safeguards upon any variance it grants.
3. (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 article. 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 article 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
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supply proof of notification in accordance with this ordinance article 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 article 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 article shall submit to the Stormwater Administrator an inspection report from one of
the following persons performing services only in their area of competence: a qualified registered
North Carolina professional engineer, surveyor, landscape architect, soil scientist, aquatic biologist,
or person certified by the North Carolina Cooperative Extension Service for stormwater treatment
practice inspection and maintenance. The inspection report shall contain all of the following:
a) (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 article; 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 article 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 Maintenance Agreement
1. (A)In General
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Prior to the conveyance or transfer of any lot or building site to be served by a engineered stormwater
control pursuant to this ordinance article, and prior to issuance of any permit for development
requiring a engineered stormwater control pursuant to this ordinance article, the applicant or owner
of the site must execute an operation and maintenance agreement that shall be binding on all
subsequent owners of the site, portions of the site, and lots or parcels served by the engineered
stormwater control. Until the transference of all property, sites, or lots served by the engineered
stormwater control, the original owner or applicant shall have primary responsibility for carrying
out the provisions of the maintenance agreement.
The operation and maintenance agreement shall require the owner or owners to maintain, repair and,
if necessary, reconstruct the engineered stormwater control, and shall state the terms, conditions,
and schedule of maintenance for the engineered stormwater control. In addition, it shall grant to
Person County a right of entry in the event that the Stormwater Administrator has reason to believe
it has become necessary to inspect, monitor, maintain, repair, or reconstruct the engineered
stormwater control; however, in no case shall the right of entry, of itself, confer an obligation on
Person County to assume responsibility for the engineered stormwater control.
The operation and maintenance agreement must be approved by the Stormwater Administrator prior
to plan approval, and it shall be referenced on the final plat and shall be recorded with the county
Register of Deeds upon final plat approval. A copy of the recorded maintenance agreement shall
be given to the Stormwater Administrator within fourteen (14) days following its recordation.
2. (B)Special Requirement for Homeowners’ and Other Associations
For all engineered stormwater controls required pursuant to this ordinance article 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 from the escrow account shall be replaced in accordance with
the schedule of anticipated work used to create the sinking fund budget.
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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 ordinance article 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.
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
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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 article, approvals issued
pursuant to this ordinance article, or an operation and maintenance agreement established
pursuant to this ordinance article.
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
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.
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b) (B)Signage
Where appropriate in the determination of the Stormwater Administrator to assure compliance
with this ordinance article, 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 article shall be made accessible
for adequate maintenance and repair by a maintenance easement. The easement shall be recorded and
its terms shall specify who may make use of the easement and for what purposes.
SECTION 31-5
32-14 Enforcement and Violations
31-501General
1. (A)Authority to Enforce
The provisions of this ordinance article 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 article, or the terms or conditions of any permit or other development approval or
authorization granted pursuant to this ordinance article, is unlawful and shall constitute a violation of
this ordinance article.
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 article 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 article 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 article, responsible person(s) shall include but not be limited to:
1. (1)Person Maintaining Condition Resulting In or Constituting Violation
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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 article, or fails to take appropriate action, so that a violation of this ordinance article results
or persists.
2. (2)Responsibility for Land or Use of Land
The owner of the land on which the violation occurs, any tenant or occupant of the property, any
person who is responsible for stormwater controls or practices pursuant to a private agreement or
public document, or any person, who has control over, or responsibility for, the use or development
of the property.
31-502
32-15 Remedies and Penalties
The remedies and penalties provided for violations of this ordinance article, 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 article 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 article 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 article. Any person violating this
ordinance article 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 article. The stop work order shall remain in effect until the person has taken the
remedial measures set forth in the notice of violation or has otherwise cured the violation or
violations described therein. The stop work order may be withdrawn or modified to enable the
person to take the necessary remedial measures to cure such violation or violations.
2. (B)Civil Penalties
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The Stormwater Administrator may assess a civil penalty against any person who violates any
provision of this ordinance article or of a permit or other requirement pursuant to this ordinance
article. 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 article 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 article 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
article.
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 article, the Stormwater Administrator shall notify, in writing, the property owner or other
person violating this ordinance article. 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 article to correct and
abate the violation and to ensure compliance with this ordinance article.
4. (D)Extension of Time
A person who receives a notice of violation and correction order, or the owner of the land on which
the violation occurs, may submit to the Stormwater Administrator a written request for an extension
of time for correction of the violation. On determining that the request includes enough information
to show that the violation cannot be corrected within the specified time limit for reasons beyond the
control of the person requesting the extension, the Stormwater Administrator may extend the time
limit as is reasonably necessary to allow timely correction of the violation, up to, but not exceeding
60 days. The Stormwater Administrator may grant a 30-day extension in addition to the foregoing
extension if the violation cannot be corrected within the permitted time due to circumstances beyond
the control of the person violating this ordinance article. 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
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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 article 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
article 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 article.
SECTION 31-6:Definitions
31-601
32-17 Definitions
Terms Defined
When used in this ordinance article, the following words and terms shall have the meaning set forth in
this section, unless other provisions of this ordinance article 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 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
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Development not otherwise exempted by this ordinance article 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 article; or
2. It occurs after the effective date of this ordinance article, 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 article. It is
a broad term that may include practices that do not require design by a professionally licensed
engineer.
Land disturbing activity
Any use of the land that results in a change in the natural cover or topography that may cause or
contribute to sedimentation.
Larger common plan of development or sale
Any area where multiple separate and distinct construction or land-disturbing activities will occur under
one plan. A plan is any announcement or piece of documentation (including but not limited to a sign,
public notice or hearing, sales pitch, advertisement, loan application, drawing, permit application, zoning
request, or computer design) or physical demarcation (including but not limited to boundary signs, lot
stakes, or surveyor markings) indicating that construction activities may occur on a specific plot.
Major variance
A variance from the minimum statewide watershed protection or Falls rules that results in the relaxation,
by a factor greater than five percent of any buffer, density or built-upon area requirement under the high
density option; any variation in the design, maintenance or operation requirements of a wet detention
pond or other approved stormwater management system; or relaxation by a factor greater than 10
percent, of any management requirement under the low density option. For provisions in this ordinance
article that are more stringent than the state's minimum water supply protection rules and Falls rules, a
variance to this ordinance article 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.
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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 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 article.
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 North Carolina General Statutes 160D,
delegated to local governmental units the responsibility to adopt regulations designed to promote the
public health, safety, and general welfare.
Therefore, the Person County Board of Commissioners, Person County, North Carolina, does ordain as
follows:
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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 article 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 article 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;
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
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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
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”.
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Building
see Structure
Chemical Storage Facility
Means a building, portion of a building, or exterior area adjacent to a building used for the storage of
any chemical or chemically reactive products.
Design Flood
See Regulatory Flood Protection Elevation.
Development
Means any man-made change to improved or unimproved real estate, including, but not limited to,
buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling
operations, or storage of equipment or materials.
Development Activity
Means any activity defined as Development which will necessitate a Floodplain Development Permit.
This includes buildings, structures, and non-structural items, including (but not limited to) fill,
bulkheads, piers, pools, docks, landings, ramps, and erosion control/stabilization measures.
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”
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Means a general and temporary condition of partial or complete inundation of normally dry land areas
from:
1. the overflow of inland or tidal waters; and/or
2. the unusual and rapid accumulation of runoff of surface waters from any source.
Flood Boundary and Floodway Map (FBFM)
Means an official map of a community, issued by the Federal Emergency Management Agency, on
which the Special Flood Hazard Areas and the floodways are delineated. This official map is a
supplement to and shall be used in conjunction with the Flood Insurance Rate Map (FIRM).
Flood Hazard Boundary Map (FHBM)
Means an official map of a community, issued by the Federal Emergency Management Agency, where
the boundaries of the Special Flood Hazard Areas have been defined as Zone A.
Flood Insurance
Means the insurance coverage provided under the National Flood Insurance Program.
Flood Insurance Rate Map (FIRM)
Means an official map of a community, issued by the Federal Emergency Management Agency, on
which both the Special Flood Hazard Areas and the risk premium zones applicable to the community
are delineated.
Flood Insurance Study (FIS)
means an examination, evaluation, and determination of flood hazards, corresponding water surface
elevations (if appropriate), flood hazard risk zones, and other flood data in a community issued by the
Federal Emergency Management Agency. The Flood Insurance Study report includes Flood Insurance
Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), if published.
Flood Prone Area see Floodplain
Floodplain
means any land area susceptible to being inundated by water from any source.
Floodplain Administrator
is the individual appointed to administer and enforce the floodplain management regulations.
Floodplain Development Permit
means any type of permit that is required in conformance with the provisions of this ordinance, prior to
the commencement of any development activity.
Floodplain Management
means the operation of an overall program of corrective and preventive measures for reducing flood
damage and preserving and enhancing, where possible, natural resources in the floodplain, including,
but not limited to, emergency preparedness plans, flood control works, floodplain management
regulations, and open space plans.
Floodplain Management Regulations
means this ordinance and other zoning ordinances, subdivision regulations, building codes, health
regulations, special purpose ordinances, and other applications of police power. This term describes
Federal, State or local regulations, in any combination thereof, which provide standards for preventing
and reducing flood loss and damage.
Floodproofing
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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.
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
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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.
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
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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
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
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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.
Pre-FIRM
Means construction or other development for which the “start of construction” occurred before
September 14, 1990, the effective date of the initial Flood Insurance Rate Map.
Principally Above Ground
Means that at least 51% of the actual cash value of the structure is above ground.
Public Safety and/or Nuisance
Means anything which is injurious to the safety or health of an entire community or neighborhood, or
any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary
manner, of any navigable lake, or river, bay, stream, canal, or basin.
Recreational Vehicle (RV)
Means a vehicle, which is:
1. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light duty truck; and
4. Designed primarily not for use as a permanent dwelling, but as temporary living quarters for
recreational, camping, travel, or seasonal use.
5. Is fully licensed and ready for highway use.
Reference Level
Is the top of the lowest floor for structures within Special Flood Hazard Areas designated as Zones A,
AE, AH, AO and A99.
Regulatory Flood Protection Elevation
Means the “Base Flood Elevation” plus the “Freeboard”. In “Special Flood Hazard Areas” where Base
Flood Elevations (BFEs) have been determined, this elevation shall be the BFE plus two (2) feet of
freeboard. In “Special Flood Hazard Areas” where no BFE has been established, this elevation shall be
at least two (2) feet above the highest adjacent grade.
Remedy a Violation
Means to bring the structure or other development into compliance with State and community floodplain
management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways
that impacts may be reduced include protecting the structure or other affected development from flood
damages, implementing the enforcement provisions of the ordinance or otherwise deterring future
similar violations, or reducing Federal financial exposure with regard to the structure or other
development.
Riverine
Means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
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Salvage Yard
Means any non-residential property used for the storage, collection, and/or recycling of any type of
equipment, and including but not limited to vehicles, appliances and related machinery.
Solid Waste Disposal Facility
Means any facility involved in the disposal of solid waste, as defined in NCGS 130A-290(a) (35).
Solid Waste Disposal Site
Means, as defined in NCGS 130A-290(a) (36), any place at which solid wastes are disposed of by
incineration, sanitary landfill, or any other method.
Special Flood Hazard Area (SFHA)
Means the land in the floodplain subject to a one percent (1%) or greater chance of being flooded in any
given year, as determined in 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.
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
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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
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 article applies.
This ordinance article 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 article, 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 article. 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.
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A Floodplain Development Permit shall be required in conformance with the provisions of this ordinance
article 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 article.
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 article 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.
In the interpretation and application of this ordinance article, 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 article 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 article 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 article 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 article or any administrative decision lawfully made hereunder.
SECTION H
Penalties for violation.
Violation of the provisions of this ordinance article 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 article 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 article. In instances where the Floodplain
Administrator receives assistance from others to complete tasks to administer and implement this
ordinance article, the Floodplain Administrator shall be responsible for the coordination and
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community’s overall compliance with the National Flood Insurance Program and the provisions of this
ordinance article.
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 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 this article in Article 3, Section B, 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 this article in Article 3, Section B;
iv. the boundary of the floodway(s) or non-encroachment area(s) as determined in this
article Article 3, Section B;
v. the Base Flood Elevation (BFE) where provided as set forth in this article Article 3,
Section B; Article 4, Section C; or Article 5, Section D;
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.
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.
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d) A Foundation Plan, drawn to scale, which shall include details of the proposed foundation
system to ensure all provisions of this ordinance article are met. These details include but are
not limited to:
i. The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter
wall, solid backfilled foundation, open foundation on columns/posts/piers/piles/shear
walls);
ii. Openings to facilitate automatic equalization of hydrostatic flood forces on walls in
accordance with this article Article 5, Section B(4)(d) when solid foundation perimeter
walls are used in Zones A, AE, AH, AO and A99;
e) Usage details of any enclosed areas below the lowest floor.
f) Plans and/or details for the protection of public utilities and facilities such as sewer, gas,
electrical, and water systems to be located and constructed to minimize flood damage;
g) Certification that all other Local, State and Federal permits required prior to floodplain
development permit issuance have been received.
h) Documentation for placement of Recreational Vehicles and/or Temporary Structures, when
applicable, to ensure that the provisions of this article 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 this article Article 3, Section B.
c) The regulatory flood protection elevation required for the reference level and all attendant
utilities.
d) The regulatory flood protection elevation required for the protection of all public utilities.
e) All certification submittal requirements with timelines.
f) A statement that no fill material or other development shall encroach into the floodway or non-
encroachment area of any watercourse unless the requirements of this article Article 5, Section
F have been met.
g) The flood openings requirements, if in Zones A, AO, AE, AH or A99.
3. Certification Requirements.
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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 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 article 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 article have
been satisfied.
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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 this article Article 5, Section F 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
article Article 4, Section B(3).
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 article
Article 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 article 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 article 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 article 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 article Article 5, Section D (2) (b), in order to administer
the provisions of this ordinance article.
12. When Base Flood Elevation (BFE) data is provided but no floodway or non-encroachment area data
has been provided in accordance with this article 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 article.
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.
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14. Permanently maintain all records that pertain to the administration of this ordinance article 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
article and the terms of the permit. In exercising this power, the floodplain administrator has a right,
upon presentation of proper credentials, to enter on any premises within the jurisdiction of the
community at any reasonable hour for the purposes of inspection or other enforcement action.
16. Issue stop-work orders as required. Whenever a building or part thereof is being constructed,
reconstructed, altered, or repaired in violation of this ordinance article, 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 article 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 article,
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.
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
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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 article, 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 article.
2. Any person aggrieved by the decision of the appeal board may appeal such decision to the Court, as
provided in Chapter 7A of the North Carolina General Statutes.
3. Variances may be issued for:
a) The repair or rehabilitation of historic structures upon the determination that the proposed repair
or rehabilitation will not preclude the structure's continued designation as a historic structure
and that the variance is the minimum necessary to preserve the historic character and design of
the structure.
b) Functionally dependent facilities if determined to meet the definition as stated in Article 2 of
this article ordinance, provided provisions of this article 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.
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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 article, 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 article as
a functionally dependent facility, where applicable;
f) The availability of alternative locations, not subject to flooding or erosion damage, for the
proposed use;
g) The compatibility of the proposed use with existing and anticipated development;
h) The relationship of the proposed use to the comprehensive plan and floodplain management
program for that area;
i) The safety of access to the property in times of flood for ordinary and emergency vehicles;
j) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters
and the effects of wave action, if applicable, expected at the site; and
k) The costs of providing governmental services during and after flood conditions including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water
systems, and streets and bridges.
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 article, 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 article.
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:
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a) Variances shall not be issued when the variance will make the structure in violation of other
Federal, State, or local laws, regulations, or ordinance article.
b) Variances shall not be issued within any designated floodway or non-encroachment area if the
variance would result in any increase in flood levels during the base flood discharge.
c) Variances shall only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
d) Variances shall only be issued prior to development permit approval.
e) Variances shall only be issued upon:
i. a showing of good and sufficient cause;
ii. a determination that failure to grant the variance would result in exceptional hardship;
and
iii. a determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, or extraordinary public expense, create nuisance,
cause fraud on or victimization of the public, or conflict with existing local laws or
ordinance article.
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.
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b) Replacements that are for maintenance and not part of a substantial improvement, may be
installed at the original location provided the addition and/or improvements only comply with
the standards for new construction consistent with the code and requirements for the original
structure.
5. All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system.
6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharges from the systems into flood waters.
7. On-site waste disposal systems shall be located and constructed to avoid impairment to them or
contamination from them during flooding.
8. Nothing in this ordinance article shall prevent the repair, reconstruction, or replacement of a building
or structure existing on the effective date of this ordinance article 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 article.
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 article
Article 4, Section E (10). A structure or tank for chemical or fuel storage incidental to an allowed
use or to the operation of a water treatment plant or wastewater treatment facility may be located in
a Special Flood Hazard Area only if the structure or tank is either elevated or floodproofed to at least
the regulatory flood protection elevation and certified in accordance with the provisions of this
article Article 4, Section B (3).
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.
SECTION B
Specific Standards
In all Special Flood Hazard Areas where Base Flood Elevation (BFE) data has been provided, as set
forth in this article Article 3, Section B, or Article 5, Section D, the following provisions, in addition to
the provisions of Article 5, Section A, are required:
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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 this article.
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 this article.
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 article Article 5, Section G (2).
A registered professional engineer or architect shall certify that the standards of this subsection are
satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in Article
4, Section B (3) this article, 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 this article.
b) Manufactured homes shall be securely anchored to an adequately anchored foundation to resist
flotation, collapse, and lateral movement, either by certified engineered foundation system, or
in accordance with the most current edition of the State of North Carolina Regulations for
Manufactured Homes adopted by the Commissioner of Insurance pursuant to NCGS 143-
143.15. Additionally, when the elevation would be met by an elevation of the chassis thirty-six
(36) inches or less above the grade at the site, the chassis shall be supported by reinforced piers
or engineered foundation. When the elevation of the chassis is above thirty-six (36) inches in
height, an engineering certification is required.
c) All enclosures or skirting below the lowest floor shall meet the requirements this article of
Article 5, Section B (4).
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;
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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
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
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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 article. Substantial damage also
means flood-related damage sustained by a structure on two separate occasions during a 10-year
period for which the cost of repairs at the time of each such flood event, on the average, equals
or exceeds 25 percent of the market value of the structure before the damage occurred. If the
structure has sustained substantial damage, any repairs are considered substantial improvement
regardless of the actual repair work performed. The requirement does not, however, include
either:
i. Any project for improvement of a building required to correct existing health,
sanitary or safety code violations identified by the building official and that are the
minimum necessary to assume safe living conditions.
ii. Any alteration of a historic structure provided that the alteration will not preclude
the structure’s continued designation as a historic structure.
6. Recreational Vehicles. Recreational vehicles shall either:
a) Temporary Placement
i. Be on site for fewer than 180 consecutive days; or
ii. Be fully licensed and ready for highway use. (A recreational vehicle is ready for
highway use if it is on its wheels or jacking system, is attached to the site only by
quick disconnect type utilities, and has no permanently attached additions.)
b) Permanent Placement. Recreational vehicles that do not meet the limitations of Temporary
Placement shall meet all the requirements for new construction.
7. Temporary Non-Residential Structures. Prior to the issuance of a floodplain development permit
for a temporary structure, the applicant must submit to the Floodplain Administrator a plan for the
removal of such structure(s) in the event of a hurricane, flash flood or other type of flood warning
notification. The following information shall be submitted in writing to the Floodplain
Administrator for review and written approval:
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:
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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 article
Article 5, Section A (1);
f) All service facilities such as electrical shall be installed in accordance with the provisions of this
article Article 5, Section A (4); 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 article
Article 5, Section B(4)(c).
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 article Article 4, Section B (3).
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) of this article shall be permitted in flood hazard areas
provided the tanks are designed, constructed, installed, and anchored to resist all flood-related
and other loads, including the effects of buoyancy, during conditions of the design flood and
without release of contents in the floodwaters or infiltration by floodwaters into the tanks. Tanks
shall be designed, constructed, installed, and anchored to resist the potential buoyant and other
flood forces acting on an empty tank during design flood conditions.
d) Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
i. At or above the Regulatory Flood Protection Elevation or fitted with covers designed to
prevent the inflow of floodwater or outflow of the contents of the tanks during
conditions of the design flood; and
ii. Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood.
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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 this article.
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 this article.
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 this article.
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 article
Article 3, Section B, where no Base Flood Elevation (BFE) data has been provided by FEMA, the
following provisions, in addition to the provisions of this article Article 5, Section A, shall apply:
1. No encroachments, including fill, new construction, substantial improvements or new development
shall be permitted within a distance of twenty (20) feet each side from top of bank or five times the
width of the stream, whichever is greater, unless certification with supporting technical data by a
registered professional engineer is provided demonstrating that such encroachments shall not result
in any increase in flood levels during the occurrence of the base flood discharge.
2. The BFE used in determining the regulatory flood protection elevation shall be determined based on
the following criteria:
a) When Base Flood Elevation (BFE) data is available from other sources, all new construction
and substantial improvements within such areas shall also comply with all applicable provisions
of this ordinance article and shall be elevated or floodproofed in accordance with standards in
this article Article 5, Sections A and B.
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 article Article 5, Sections B and F.
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 article Article 3, Section B and utilized in implementing this
article.
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 article Article 2. All other
applicable provisions of Article 5, Section B shall also apply.
SECTION E
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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 article Article 5, Sections A and B; and
2. Until a regulatory floodway or non-encroachment area is designated, no encroachments, including
fill, new construction, substantial improvements, or other development, shall be permitted unless
certification with supporting technical data by a registered professional engineer is provided
demonstrating that the cumulative effect of the proposed development, when combined with all
other existing and anticipated development, will not increase the water surface elevation of the base
flood more than one (1) foot at any point within the community.
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 article Article 3, Section B. 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 article
Article 5, Sections A and B, 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 article Article 5, Section F (1) is satisfied, all development shall comply with all applicable
flood hazard reduction provisions of this ordinance article.
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 article Article 5, Section B (3); and
b) The no encroachment standard of this article Article 5, Section F (1).
SECTION G
Standards For Areas Of Shallow Flooding (Zone Ao).
Located within the Special Flood Hazard Areas established in this article Article 3, Section B, 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 article Article 5, Sections A and B, 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.
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2. Non-residential structures may, in lieu of elevation, be floodproofed to the same level as required in
this article Article 5, Section G (1) so 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 article
Article 4, Section B (3) and Article 5, Section B (2)
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 article Article 3, Section B, 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
article Article 5, Sections A and B, 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 article.
This ordinance article in part comes forward by re-enactment of some of the provisions of the flood
damage prevention ordinance article 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 article shall not affect any action, suit or proceeding instituted or pending.
All provisions of the flood damage prevention ordinance article 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
article; 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 article.
SECTION C
Severability
If any section, clause, sentence, or phrase of the ordinance article 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 article.
SECTION D
Effective Date
This ordinance article shall become effective upon adoption.
SECTION E
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Adoption Certification
I hereby certify that this is a true and correct copy of the Flood Damage Prevention ordinance article as
adopted by the Board of County Commissioners of Person County, North Carolina. This ordinance
article shall become effective upon adoption and supersedes any previous versions of the ordinance
article.
Adopted, this, the 6th day of January 2020.
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ARTICLE VI
Bona Fide Farms
ARTICLE IV - Bona Fide Farms
The provisions of this ordinance article shall apply to all land as shown on the Official Planning Map(s) of Person
County, North Carolina. This ordinance article 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 article where compliance with Table of Permitted Uses, Note One is assured.
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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 article 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 ordi ordinance article nance. 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 article, the Board of Adjustment may permit the extension of the
regulations for either portion of the lot not to exceed two hundred and fifty (250) feet beyond
the district line into the remaining portion of the lot.
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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 article 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 article 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 article shall be reduced in
dimension or area below the minimum requirements set forth herein.
61-5 5. Unless otherwise specified in this ordinance article, 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)
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 article 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)
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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 article 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 article. (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 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)
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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.
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 article ARTICLE IX, SECTION 91 and
SECTION 92.
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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".
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
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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 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)
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Board Of Adjustment
A body appointed by the County Commisioners to perform the duties described in Section 144.
(Amended 8/4/25)
Brewery
A legal establishment for the production and packaging of malt beverages for distribution, retail,
wholesale, on or off-premise.
Buffer
Natural or vegetated area through which stormwater run-off flows in a diffuse manner so that the run-
off does not become channelized and provided for infiltration of run-off and filtering of pollutants. The
buffer is measured landward from the normal pool evaluation of impounded structures and from the
bank of each side of perennial streams or rivers. The area shall be included in the calculation of minimum
lot size required by this ordinance.
Building
Any structure used or intended for supporting or sheltering any use or occupancy (Amended 5/3/2021)
Building Line
A line running parallel (as determined by the actual location of the building on the lot), with the front,
side or rear of a building. (Amended 2-1-93)
Built Upon Area
That portion of a development project that is covered by impervious or partially impervious cover
including buildings, pavement, gravel areas (e.g. roads, parking lots, and paths), recreation facilities (e.g.
tennis courts), etc. (Note: Wooden slatted decks and the water area of a swimming pool are considered
pervious). (Amended 11/3/97)
Camper/Recreational Vehicle
A vehicular type unit designed as temporary living quarters for recreational, camping, or travel use,
which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities
are travel trailer, camping trailer, and truck camper and motor home. (Def. added 8/2/2010)
Camper/Recreational Vehicle Park
Any site or tract of land upon which two or more recreational vehicles or tent spaces are provided for
occupancy according to the requirements set forth in this ordinance. (Def. added 8/2/2010)
Certificate Of Occupancy
A statement signed by the Zoning Enforcement Officer setting forth that the building, structure, or use
complies with the Planning Ordinance and any applicable construction codes, and that the same may be
used for the purposes stated herein.
Commercial Modular Building
A manufactured building designed to be used as a multi-family dwelling unit (3 or more families) or as
a commercial structure which has been constructed in and labeled indicating compliance with the North
Carolina State Building Code. (Def. Added 5/5/97)
Conditional Zoning
A legislative zoning map amendment with site-specific conditions incorporated into the zoning map
amendment. (Added: 5/3/21)
Conical Surface
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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 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
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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)
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
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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)
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.
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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 to hotel rooms is provided
through hallways, the building( s) may include meeting rooms, conference facilities, and recreation
facilities for use by reservation. (Added 11/18/25)
Horizontal Surface
A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan
coincides with the perimeter of the horizontal zone.
Impervious Cover
A surface that does not allow precipitation to percolate through it.
Industrial Discharge
The discharge of industrial process treated wastewater or wastewater other than sewage and includes:
Wastewater resulting from any process of industry or manufacture, or from the development of
any natural resource;
Wastewater resulting from processes of trade or business, including wastewater from
laundromats and car washes, but not wastewater from restaurants;
Stormwater will not be considered to be an industrial wastewater unless it is contaminated with
industrial wastewater; or
Wastewater discharged from a municipal wastewater treatment plant requiring a pretreatment
program.
Industrial Use
A non-residential employment use engaged in the manufacturing and basic processing of materials or
products predominately from extracted or raw materials or previously prepared materials. This use may
also include processing, fabrication, assembly, treatment, packing, storage, sales and distribution of such
products. For additional information, see Note 2 located after Appendix C Table of Permitted Uses.
(Amended 11/16/20)
Junk
Scrap metal, rope, rags, batteries, paper, trash, rubber, debris, tires, waste, or junked, dismantled or
wrecked motor vehicles or parts. A residential parcel of land in which an area of 600 square feet or more
of "junk materials” are kept or stored at any given place whether for profit or not, shall be in violation
of this ordinance. Materials enclosed in closed buildings, solid waste containers or rolling stock ( i.e.,
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rail cars, trailer or other containerized body not intended or designed to be self-propelled) are excluded.
(Added 11/18/25)
Junkyard, Commercial
Any establishment or place of business which is maintained, operated, or used for storing, salvaging,
keeping, buying or selling junk or for maintenance or operation of an automobile graveyard, but shall
not include garbage dumps or county- operated sanitary landfills. (Added 11/18/25)
Landfill
A facility from the disposal of solid waste on land in a sanitary manner in accordance with Chapter
130A, Article 9 of the NC General Statutes. For the purpose of this ordinance, this term does not include
composting facilities.
Larger Than Utility Runway
A runway that is constructed for and intended to be used by propeller driven aircraft of greater than
12,500 pounds maximum gross weight and jet powered aircraft.
Ldn (Day Night Average Sound Level)
A method of estimating a measurable quantity of noise at airports and is based upon an Equivalent Sound
Level (Leg).
Leg (Equivalent Sound Level)
An energy summation of the aggregate noise environment as measured in A - weighted sound level.
Lodging Unit
A dwelling unit or defined room(s) intended for one family and separated from other dwelling or lodging
units that might be in the same structure and meant for temporary human occupation. Lodging units may
or may not be complete dwelling units. All lodging units under this definition are to be occupied by
residents who have a permanent home to which they intend to return. Sites with lodging units may not
be used an event venue unless the site has been approved as an event center as defined by this ordinance.
A Bed & Breakfast Home, per NCGS § 130A-247 (5a), or Short-Term Rental are types of lodging units.
For this Ordinance, the following applies:
1. Bed & Breakfast – A home or lodge that provides overnight accommodations in up to eight
individual rooms, with or without a meal (usually breakfast) served to guests, that is the permanent
residence of the owner or manager of the business. This use may be permitted with a home
occupation permit in any dwelling where the area of the guest rooms does not exceed 25% of the
total heated floor area of the principle dwelling structure along with the other requirements for home
occupations.
2. Short-Term Rental – The rental of a complete dwelling unit, camper, or recreational vehicle, with
no separate staff, office, or managerial front desk. Campers and recreational vehicles may only be
located within an approved park. This use may occur in any dwelling unit or park without further
permitting.
Lot
Land area which is composed of a single parcel or contiguous parcel of land under same ownership and
is recorded as such in the office of the Person County Register of Deeds.
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.
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Lot Depth
The depth of a lot, for the purpose of this Ordinance, is the distance measured in the mean direction of
the side lines of the lot from the midpoint of the front line to the midpoint of the opposite lot line.
Lot Line, Front
Any boundary line of a lot running along a street right of way line.
Lot Line, Rear
The rear lot line, shall be the property line(s) which is (are) opposite the front property line. If no property
line is deemed to be opposite the front property line and no minimum building line exists on the final
plat to establish a rear lot line, then there shall be no rear lot line; however, the rear yard setback shall
be maintained from the point (apex) on the property's perimeter which is the furthest removed from the
midpoint of the front line. The rear yard minimum building line shall be a line perpendicular to a straight
line connecting said apex and the midpoint of the front lot line.
Lot Line, Side
A boundary line which is not defined as a front or rear lot line.
Lot Of Record
A lot which has been recorded in the Office of the Register of Deeds of Person County or a lot described
by metes and bounds, the description of which has been recorded in the aforementioned office.
Lot Width
The horizontal distance between the side lines measured along the front building line as specified by
applicable front yard setback in this ordinance.
Major Variance From State Watershed Rules
A variance from the minimum statewide watershed protection rules that results in any one or more of
the following:
1. The relaxation, by a factor greater than ten (10) percent of any requirement under the low density
option;
2. The relaxation, by a factor greater than five (5) percent, of any buffer, density or built-upon area
requirement under the high density option;
3. Any variation in the design, maintenance or operation requirements of a wet detention pond or other
approved stormwater management system. (Amended 11/3/97)
Minor Variance From State Watershed Protection Rules
A variance from the minimum statewide watershed protection rules that results in a relaxation, by a
factor of up to five (5) percent of any buffer, density, or built-upon area requirement under the high
density option; or that results in a relaxation by a factor of up to ten (10) percent, of any management
requirement under the low density option.
Manufactured Home
A dwelling unit that (1) is not constructed in accordance with the standards set forth in the North Carolina
State Building Code, and (2) is composed of one or more components, each of which was substantially
assembled in a manufacturing plant and 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:
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1. The structure is made up of two or more sections designed to be installed or assembled into one unit
at the building site;
2. The manufactured home has a length not exceeding four times its width, with length measured along
the longest axis and width measured at the narrowest part of the other axis; and,
3. The pitch of the roof of the manufactured home has a minimum vertical rise of two and two tenths
(2.2) feet for each twelve (12) feet of horizontal run and the roof is finished with a type of shingle
that is commonly used in standard residential construction.
This definition includes typical "double-wide" manufactured homes and does not include modular
housing as regulated by North Carolina State Building Code. (Rev. 5/5/97; 5/3/21)
Manufactured Home, Class B
A manufactured home that does not satisfy all of the criteria necessary to qualify the house as a Class A
manufactured home. A Class B manufactured home is typically a "single-wide" manufactured home but
may also include a double-wide (or triple-wide) manufactured home that does not meet all the criteria
to be classified as a Class A manufactured home. (Revised 5/5/97; 5/3/21)
Mobile Home
An alternative term for a manufactured home. (Def. Added 5/5/97)
Mobile Home Park
Any lot upon which three (3) or more manufactured homes, occupied for dwelling or sleeping purposes,
are located regardless of whether or not a charge is made for such accommodations. (Def. Added 5/5/97)
Modular Home
A manufactured building designed to be used as a one or two family dwelling unit which has been
constructed in and labeled indicating compliance with the North Carolina State Building Code, Volume
VII - Residential. (Def. Added 5/5/97)
Multiphase Developments
A development containing 100 acres or more that (i) is submitted for site plan approval for construction
to occur in more than one phase and (ii) is subject to a master development plan with committed
elements, including a requirement to offer land for public use as a condition of its master development
plan approval (N.C.G.S. 160D-108). (Added 5/3/21)
Nonconforming Building
A building or structure that is not in conformance with the provisions (Section 72-Table of Dimensional
Requirements) of the district in which it is located. (Added 6/3/2013)(Amended 8/4/25)
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.
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Nonpoint Source Pollution
Pollution which enters waters mainly as a result of precipitation and subsequent run-off from lands
which have been disturbed by man's activities and includes all sources of water pollution which are not
required to have a permit in accordance with GS 143.215.1(c).
Nonprecision Instrument Runway
A runway having an existing instrument approach procedure utilizing air navigation facilities with only
horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument
approach procedure has been approved or planned.
Offices & Personal Services
An establishment where clients come to seek a variety of professional consultative services or personal
care including but not limited to accountants, appraisers, architects, attorneys, financial consultants, hair
salons, nail salons, real estate agencies. This use excludes medical and dental clinics. (Added 11/18/25)
Off-Premise Advertising Sign
Any sign advertising a product, business, or activity, sold, located, or conducted elsewhere than on the
premises on which the sign is located, or which a product, service, business, or activity is sold, located,
or conducted on such premises only incidentally, if at all. (Def. Added 3/17/97)
Off-Premise Directional Signs
Any off-premise sign indicating the location of or directions to a business, religious place of worship or
other activity. The sign shall not include any information or message except the name of the business or
activity, and directions or symbols indicating directions. If a sign exceeds the maximum area it shall be
construed as an off-premise advertising sign. (Def. Added 3/17/97)
Office
A building or portion of a building wherein services are performed involving predominantly
administrative, professional or clerical operations. (Def. Added 12/6/99)
Offices / Professional
Offices of accountants, appraisers, architects, attorneys, financial consultants, dentists, physicians, real
estate agencies and similarly recognized professionals. (Amended February 2014)
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.
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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.
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
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Any of the following development approvals including Special Use Permits, PUDs, subdivision plats,
site plans, preliminary or general development plans, CD-rezonings, and formerly site specific and
phased development plans. (Added 5/3/21)
Special Use Permit (Sup)
A permit issued to authorize development or land sues in a particular zoning district upon presentation
of competent, material, and substantial evidence establishing compliance with one or more general
standards requiring that judgment and discretion be exercised as well as compliance with specific
standards. (Added 5/3/21)
Storage, Household And Commercial
Storage of goods and materials inside a substantially enclosed building. This use includes self-storage
rentable by individuals, as well as storage of materials for other purposes. Distribution centers are
classified with warehousing. (Added 11/18/25)
Storage, Open
Storage of goods and materials without protection from weather or significant enclosure. This use refers
to materials that can withstand exposure to weather and retain value. Open storage of materials with
limited value or with no regard to weather exposure are salvage operations. Uses include storage of pipe
and lumber, gravel and mulch, and other raw or lightly processed materials. (Added 11/18/25)
Structure
An object, including a mobile object, constructed or installed by man, including but without limitation,
buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines.
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.
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Use By Right
A use which is listed as an unconditionally permitted activity in this ordinance.
Variance
A modification or alteration of any of the requirements of this ordinance.
Vested Right
A right pursuant to the North Carolina General Statutes to undertake and complete the development and
use of property under the terms and conditions of an approved site specific vesting plan.(Amended
11/18/91; 5/3/21)
Visual Runway
A runway intended solely for the operation of aircraft using visual approach procedures.
Water Dependent Structure
Any structure for which the use requires access to or proximity to or citing within surface waters to
fulfill its basic purpose, such as boat ramps, boat house, docks, and bulkheads. Ancillary facilities such
as restaurants, outlets for boat supplies, parking lots and commercial boat storage areas are not water
dependent structures.
Watershed
The entire land contributing surface drainage to a specific point.
Water Supply Classifications
Classifications of Fresh Water Supplies for watersheds within Person County adopted by the
Environmental Management Commission; definitions, as referenced in 15A NCAC 2B.0100 and .0200
as follows:
1. Class WS-II, waters protected as water supplies which are generally in predominately
underdeveloped watershed; point source discharges of treated waste water are permitted pursuant to
Rules .0104 and .02ll of this Subchapter; local programs to control nonpoint sources and stormwater
discharges of pollution area required; suitable of all Class C uses.
2. Class WS-III, waters protected as water supplies which are generally in low to moderately developed
watershed; point source discharges of treatment of treated waste water area permitted pursuant to
Rules .0104 and .0211 of this Subchapter; local programs to control nonpoint sources and
stormwater discharges of pollution area required; suitable for all Class C uses.
3. WS-IV, water projected as water supplies which are generally in moderately to highly developed
watershed; point source discharges of treated waste water are permitted pursuant to Rules .0l04 and
.0211 of this Subchapter; local programs to control nonpoint sources and stormwater discharges of
pollution area required; suitable for all Class C uses.
a) Class C Uses, waters protected for secondary recreation, fishing, wildlife, fish and aquatic life
propagation and survival, agriculture and other uses suitable for Class C.
Winery
A facility operated for the purpose of making wine. Associated with this process can include catering,
lodging facilities, restaurants, live music venue, farm tours, winery tours, farmers market, petting zoo,
corn maze, cheese processing, roasting of coffee and associated retail sales. (Added 11/1/2004)
Yard
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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.
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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
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
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PRINCIPAL USES ZONING DISTRICTS
R B-2 B-1 GI RC
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
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
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PRINCIPAL USES ZONING DISTRICTS
R B-2 B-1 GI RC
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
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
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PRINCIPAL USES ZONING DISTRICTS
R B-2 B-1 GI RC
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
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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()
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
TYPE OF
INDUSTRIAL
USE
GENERAL DESCRIPTION, INTENT AND STANDARDS EXAMPLES OF USES
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PERSON COUNTY PLANNING ORDINANCE
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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
Industrial Additions:
1. If otherwise in compliance with applicable provisions of the ordinance article and other rules or
regulations, the Zoning Administrator may approve or approve with conditions an application to
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PERSON COUNTY PLANNING ORDINANCE
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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 article 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
article provisions.
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
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PERSON COUNTY PLANNING ORDINANCE
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Minimum Front Yard
requirement
When property abuts
US/NC Highways
(see notes 2,5,6,7,8)
40* 40* 40*
40*
60
All other road types
(see note 2,5,6,7,8) 25* 25* 25* 25*
Minimum Side Yard
Requirement
(See Note 1,2,6,7,8)
20 15 10 8 15 feet
(see note #2)
Corner Lot Minimum
Side Yard Requirement
When property abuts US
or NC highway
(See Note 4,6,8)
40*
40*
40*
40*
60*
Corner Lot Minimum
Side Yard Requirement
All other road types
(See Note 4,6,7)
25* 25* 25* 25*
Minimum Rear Yard
(See note 4,5,6,7,8) 25 25 15 10 25
Double Frontage Lots
Minimum Rear Yard
*(See Note 3,6,7,8)
50* 50 35 25 25
Building Heights 50** 50** 50** 50** 50**
* From right-of-way
** Structures for light or heavy industrial (LI or HI) uses not subject to height restrictions but must submit
certification that proposed building height meets the ability of local fire and rescue teams to serve the facility.
Certification in the form of a letter signed by the fire inspector. Uses not included in the Light or Heavy Industrial
category exceeding 50 feet may apply for a special permit for approval. The following uses are not controlled
by the height limitation: belfries, spires, cupolas, domes, monuments, observation towers, chimney,
smokestacks, water towers, conveyors, flag poles, television and radio masts, aerials, and towers.
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,
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PERSON COUNTY PLANNING ORDINANCE
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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.
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 article, 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
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PERSON COUNTY PLANNING ORDINANCE
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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
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.
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PERSON COUNTY PLANNING ORDINANCE
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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 ordinance
article, 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.
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PERSON COUNTY PLANNING ORDINANCE
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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
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
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PERSON COUNTY PLANNING ORDINANCE
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PRINCIPAL USES ZONING DISTRICTS
R B-2 B-1 GI RC
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
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
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PERSON COUNTY PLANNING ORDINANCE
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PRINCIPAL USES ZONING DISTRICTS
R B-2 B-1 GI RC
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
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
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107
PRINCIPAL USES ZONING DISTRICTS
R B-2 B-1 GI RC
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
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
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PERSON COUNTY PLANNING ORDINANCE
108
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
TYPE OF
INDUSTRIAL
USE
GENERAL DESCRIPTION, INTENT AND STANDARDS EXAMPLES OF USES
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PERSON COUNTY PLANNING ORDINANCE
109
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
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
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110
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.
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NOTE 1, 3, 4, 6, 7, 7A, and 8 – DELETED 11/18/25
NOTE 10 – DELETED 10/5/20
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 article 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 and the applicant establishes that in his specific case an undue hardship would
result from a strict enforcement of this article, or that the requirement is unreasonable. The Planning
Director also may ask for additional information if deemed necessary by the Director to evaluate the site.
The Planning Director may allow a scaled drawing based on survey instead of a professionally rendered
plan when the scale of development or redevelopment is minor in relation to the entire site. New
construction of a primary building or complete redevelopment of a site is required to provide a
professionally prepared plan.
80-2 SITE PLAN SPECIFICATIONS
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.
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.
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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.
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 article.
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.
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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
Section 82 – Speical Use Permits
In addition to the requirements of Section 80-2 and 80-3 this article, 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 article
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.
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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.
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.
b) B.A proposed park must contain at least 2,500 square feet of land area for each proposed tent or trailer
space.
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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.
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:
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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
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
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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.
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 article shall not be allowed
to expand or increase in any manner unless such expansion meets fully requirements set forth in this
ordinance article.
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
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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 (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.
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.
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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, 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 article 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
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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
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 article 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.
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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.
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 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
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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 article 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 article are appropriate to prevent such adverse secondary effects.
This ordinance article 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 article 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.
This ordinance article 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 article 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.
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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 article. 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
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.
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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
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
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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.
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.
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Park.
Any public land available for recreational, educational, cultural or aesthetic use.
Parking Space.
A vehicular storage space of not less than ten (10) feet by twenty (20) feet; plus the necessary access space.
It shall always be located outside any dedicated right-of-way.
Person.
An individual, proprietorship, partnership, corporation, association, or other legal entity.
Property.
All real property subject to zoning regulations and restrictions and zoning boundaries by Person County.
Religious Complex.
A church (a building primarily used for public divine worship) or a church and any related structures
including a parsonage, fellowship halls, educational buildings, youth centers, recreational facilities (which
include playgrounds), day care centers, parochial schools or similar structures or areas located on a single
site.
Semi-Nude.
A state of dress in which clothing covers no more than the human bare buttock, anus, male genitals, female
genitals, or female breast without a fully opaque complete covering of the breast below a point immediately
above the top of the areola, or human male genitals in a discernibly turgid state even if completely and
opaquely covered.
Sexual Encounter Center.
A business or commercial enterprise that, as one of its business purposes, offers for any form of consideration:
1. physical contact by customers in the form of wrestling or tumbling between persons of the opposite sex;
or
2. activities between male and female persons, or persons of the same sex when one or more of the persons
is in a state of nudity or semi-nudity.
Sexually Oriented Business.
A business which offers its customers or patrons any device, activity or demonstration depicting specified
sexual activities, or which is intended to appeal to sexual interests, titillation or arousal of the customer or
patron. A sexually oriented business shall include an adult establishment as defined in NCGS § 14-202.10
(2) and, in addition, without limitation: adult arcade, adult bookstore, adult video store, adult cabaret, adult
media center, adult live entertainment business, adult motel, adult motion picture theater, adult mini 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.
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License
1. No person shall operate a sexually oriented business except within a Zoning District which permits
Industrial Operations as established by the Person County Planning Ordinance and unless such person
has received a sexually oriented business license as provided by this section.
2. Application for License.
Every application for a sexually oriented business license prescribed herein shall be upon a form approved
by the County Manager and shall be filed with the Zoning Administrator. An application shall be made under
oath and shall contain the following information:
a) If the applicant is a person, the name and residence address of such person including any aliases or
other names by which the applicant is known or which the applicant has used at any time; the
residence and address for the past two (2) years, the business and home telephone numbers,
occupation, date and place of birth, social security number, drivers license number, and a recent
photograph of the applicant. If the applicant is a partnership, corporation, association, or other entity
the same information is a requirement for all corporate officers, directors, and any individuals having
a ten (10) percent or greater interest in the corporation, partnership, association, or other entity.
b) The address of the premises where the proposed sexually oriented business is proposed to be located;
c) A complete statement of all convictions of any person whose name is required to be given in this
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 article
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 article.
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
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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 article, 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 article 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 ordinance article.
3. The Sheriff and Fire Departments shall, within a reasonable time not to exceed thirty (30) working days,
report the results of their examinations to the Zoning Administrator.
4. The Zoning Administrator shall prepare a report which includes the results of the examinations by the
Sheriff and the Fire Department and a recommendation to approve or deny the Special Use application.
5. If the Sheriff or the fire department does not respond to the Zoning Administrator within thirty (30) days
after receiving the application from the Zoning Administrator, the application shall be deemed to meet
the approval of the non-responding entity.
6. Within forty five (45) days after initial receipt of the application, the Zoning Administrator shall place
on the agenda of the next regularly scheduled Planning Board meeting the completed application
accompanied by all required information.
7. Upon the receipt of said application for a sexually oriented business license, the Planning Board shall
review the Special Use application, the site plan, and the sexually oriented business license application
and recommend to the Board of Commissioners that the
application be approved or denied.
8. The Planning Board shall recommend that the Board of Commissioners deny the application for issuance
of the license if the Planning Board determines that:
a) The application contains misstatement of fact;
b) The applicant, or any person or entity having any legal or beneficial ownership interest in the
application, has been convicted of a sexually related crime, prostitution or a violation of any law
relative to prostitution, crime involving sexual misconduct as codified in the laws of the United
States, this or any other state, including, but not limited to convictions of violations of the offenses
enumerated in Articles 26, 26A and 27 of Chapter 14 of the North Carolina General Statutes, or the
same offenses as codified in the laws of the United States, this or any other state or the laws of any
country, or subdivision thereof, other than the United States;.
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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 article, 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 is annual and shall be valid for a period of twelve (12) months
3. Application for renewal of a business license under this ordinance article 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 article 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.
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 article 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 article 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 article. Such
written determination by the Zoning Administrator shall be subject to inspection as provided by Section
4, Subsection G of this ordinance article.
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
article 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 article 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
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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 article.
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 article;
b) Subsequent to the date of the Application required by this ordinance article, the licensee, or the legal
or beneficial owner of any interest in the licensee is convicted of any felony; prostitution or any
violation of any law relative to prostitution; crime involving sexual misconduct; as codified in the
laws of the United States, this or any other state, including, but not limited to convictions of violations
of any of the offenses enumerated in Articles 26, 26A and 27 of Chapter 14 of the North Carolina
General Statutes, or the same offenses as codified in the laws of any other state.
c) Subsequent to the date of submission of the information required by Section 3, Subsection D,
Paragraph 8 of this ordinance article, 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 article, 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.
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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 article 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 article.
5. Compliance with Law.
The applicant(s) conforms to all applicable law including the rules and regulations of Person County and
the State of North Carolina.
6. List of Employees.
In addition to the above requirements, every licensed sexually oriented business shall maintain a current
list of all employees employed by the licensee showing: the legal name, current stage name, current
address, current phone number, date of birth, and current driver's license number. In addition the licensee
of a sexually oriented business shall maintain a record, updated no less frequently than every six (6)
months, showing the name, Social Security Number, height, weight, hair and eye color, scars, tattoos and
a passport quality photograph of each employee; such list shall be maintained on the premises of the
sexually oriented business.
7. Inspection.
a) The records required by this section shall be kept available and open for inspection at any time the
sexually oriented business is open for business by the Sheriff of Person County, the Roxboro Fire
Department, the Person County Health Department, the Zoning Administrator or authorized
representative of any of the foregoing.
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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 article 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 article shall allow,
permit or condone the patronage of any person under the age of eighteen (18) years upon the licensed
premises. A violation of this subsection shall be grounds for revocation of any license issued to such
violator pursuant to this ordinance article.
b) No business, corporation, partnership, association, or other entity licensed pursuant to this ordinance
article shall employ any person under the age of eighteen (18) years. A violation of this subsection
shall be grounds for revocation of any license issued to such violator pursuant to this ordinance
article.
10. Manager's Station.
A person who operates or causes to be operated a sexually oriented business which exhibits on the
premises a film, video cassette, live entertainment, sells adult oriented merchandise including books,
magazines, novelty items, computer software, videos, or shows other video reproductions which depicts
specified sexual activities shall comply with the following requirements:
a) Upon application for a sexually oriented business license, the application shall be accompanied by a
professionally prepared diagram in the nature of an engineer's or architect's blueprint of the premises
showing a plan thereof specifying the location of one (1) or more manager's stations and the location
of all overhead lighting fixtures and designating any portion of the premises in which patrons will
not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area. The
diagram shall also designate the place in which the business license will be conspicuously posted, if
granted. The diagram shall be oriented to the north or to some designated street and drawn to a
designated scale or with marked dimensions sufficient to show the various internal inches.
b) No alteration in the configuration of a manager's station may be made without prior approval of the
Zoning Administrator or designee of the Zoning Administrator.
c) It is the duty of the owners and operator of the premises to ensure that at least one (1) employee is
on duty and situated in each manager's station at all times when a patron is inside the premises to
ensure that no illegal activity is taking place within the establishment.
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
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the entire area of the premises to which any patron is permitted access for any purpose from at least
one (1) of the manager's stations, excluding restrooms. The view required in this subsection shall be
by direct line of sight from the manager's station.
e) It shall be the duty of the owner(s) and operator(s), and it shall be the duty of any agent(s) and
employee(s) present in the premises, to ensure that the view area specified in subsection (4) remains
unobstructed by any doors, walls, merchandise, display racks, or other materials at all times and to
ensure that no patron is permitted access to any area of the premises that has been designated as off
limits to patrons.
11. Lighting
a) Sexually oriented businesses shall be equipped with overhead lighting fixtures of sufficient 0intensity
to illuminate every place to which patrons are permitted access at an illumination of not less than
five (5.0) foot-candles as measured at the floor level. It shall be the duty of the owners and operator,
and it shall be the duty of any agents and employees present in the premises, to ensure that this
illumination is maintained at all times when any patron is present within the premises.
b) Adult motion picture theaters, adult mint motion picture theaters, and adult theaters shall be equipped
with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are
permitted access at an illumination of not less than five (5.0) foot-candles as measured at the floor
level. The seating area of the theater, however, shall observe an illumination of not less than point
five (0.5) foot-candles as measured at the floor level. It shall be the duty of the owners and operator,
and it shall be the duty of any agents and employees present in the premises, to ensure that this
illumination is maintained at all times when any patron is present within the premises.
12. Construction and Supervision
a) Adult motion picture theaters and adult theaters shall be in an enclosed building with no less than
one hundred (100) fixed seats. No private viewing rooms or semiprivate booths are allowed and an
adult mini motion picture theater shall not be constructed to allow more than one (1) person in a
viewing room at any time and the manager of such shall not allow more than one (1) person in a
viewing room at any time.
b) No owner or operator shall allow openings of any kind to exist between viewing rooms within an
adult mini motion picture theater. The owner or operator of an adult mini motion picture theater shall,
during each business day, regularly inspect the walls between the viewing rooms to determine if any
openings or holes exist.
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 article for any person in a sexually oriented business to appear in a
state of full nudity or to depict specified sexual activities.
2. No owner, operator, manager, employee, entertainer or contract personnel, nor any customer or patron, shall
appear bottomless or in a state of full nudity while on the premises of a sexually oriented business.
3. No owner, operator, manager, employee, entertainer or contract personnel, nor any customer or patron, shall
perform any specified sexual activities as defined in this ordinance article, wear or use any device or covering
exposed to view which stimulates or simulates any specified anatomical area, use artificial devices or
inanimate objects to perform or depict any of the specified sexual activities, as defined in this ordinance
article, or participate in any act of prostitution while on the premises of a sexually oriented business.
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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 article shall cause the revocation of
a license granted under this ordinance article.
2. Any person, firm or corporation who violates any provision of this ordinance article 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 article 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 article are severable, and if any phrase, clause, sentence, paragraph,
or section of this ordinance article 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 article, since the same would have been enacted by
the Board of Commissioners without the incorporation in this ordinance article of any such unconstitutional or
invalid phrase, clause, sentence, paragraph, or section.
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 article 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
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welfare while also avoiding adverse impacts to important areas such as agricultural lands. This ordinance
article is not intended to replace safety, health, or environmental requirements contained in other applicable
codes, standards, or ordinance article. The provisions of this ordinance article shall not be deemed to nullify
any provisions of local, state, or federal law.
Authority and Grant of Power
This ordinance article 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 article 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 article. Maintenance and repair are not
subject to this ordinance article.
Definitions
Abandonment
Any solar energy system that ceases to produce energy on a continuous basis for twelve (12) months will be
considered abandoned.
Accessory Equipment
Any equipment serving or being used in conjunction with a solar energy system. The term includes utility or
transmission equipment, power supplies, generators, batteries, equipment buildings, and storage sheds,
shelters, or similar structures.
Decommissioning Plan
A document that details the planned shut down and removal of a solar energy system from operation or use.
Major Modification
Any change which would require findings of fact or evidence in addition to those in the record of the public
hearing for the original Special Use Permit, or subsequent modifications, if any. By way of example, but not
of limitation, any of the following shall constitute a major modification requiring an application to be
resubmitted in accordance with applicable ordinance provisions:
1. Significant changes in the zoning lot's boundaries, unless the purposes of this ordinance or of the County's
plan for the comprehensive development of the area within which the lot is located are satisfied to an
equivalent or greater degree. Significant change in the boundaries of the site if public purposes are not
satisfied to an equivalent or greater degree;
2. A change in the use approved;
3. Significant changes in the location of principal and/or accessory structures and/or uses;
4. Structural alterations significantly affecting the basic size, form, style, ornamentation, and appearance of
principal and/or accessory structures as shown in the plan;
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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 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
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Residential
(R)
Highway
Commercial
(B-1)
Neighborhood
Shopping (B-
2)
General
Industrial
(GI)
Rural
Conservation
(RC)
Level 1 X X X X X
Level 2 SUP/CD SUP/CD SUP/CD
Level 3 SUP/CD SUP/CD
Setbacks
Setbacks for solar energy systems are measured from the nearest solar panel to the nearest property line and/or
right-of-way line. Setbacks for solar energy systems in Person County as follows:
Table 2.2 Setback Requirements for Solar Energy Systems in Person County
Left blank = Prohibited in that district
Residential
(R)
Highway
Commercial
(B-1)
Neighborhood
Shopping (B-
2)
General
Industrial
(GI)
Rural
Conservation
(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.
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,
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b) 5 evergreen shrubs, or 3 evergreens and 2 deciduousꞏshrubs, that shall be a minimum of 3' at
planting and have a height and spread ofat least 5' in 10 years.
c) Existing vegetation may be counted toward the required plantings when identified on a landscape
plan and ce1tified by an arborist, landscape architect, landscape designer. Plants identified for the
buffer must be protected from all land disturbing activities and construction at a distance equal to
the drip line of the plant(s) to be used toward the buffer.
Aviation Notification
1. Level 1 systems shall be exempt from aviation notification requirements.
2. For all Level 2 and 3 systems, a map analysis showing a radius of five (5) nautical miles from the center
of the solar energy system with any airport operations within this area highlighted shall be submitted
with the initial application.
a) For systems not containing airpo1t operations within five (5) nautical miles from the center of the
solar energy system, attach map analysis results to permit application
b) For systems containing airport operations within five (5) nautical miles from the center of the solar
energy system, the following items must be included with the permit application:
i. Map analysis results.
ii. Determination of whether the airpo1t is in the National Plan oflntegrated Airpmt Systems
(NPIAS).
iii. Documentation/certification that the project will not interfere with airport/aircraft
communications systems.
iv. Proof of delivery of notification, date of delivery, and response(s) for the following
documents:
For consideration of potential impacts to low altitude military flight paths, notification of
intent to construct the solar energy system shall be sent to the NC Commanders Council at
least 45 days before the Special Use Permit/Conditional Rezoning hearing for Level 2 and 3
solar energy systems and at least 45 days before starting construction for all other Level 2
and 3 solar energy systems. Notification shall include location of solar energy system (i.e.
map, coordinates, address, or parcel ID), technology (i.e. roof-mounted PY, ground mounted
fixed PV, tracked PV, solar thermal, etc.), and the area of the system (e.g. 5 acres).
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.
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Airport operations at airports not in the NPJAS, including military airports, within five
nautical miles of the center of SES: provide required information to the NC Commanders
Council for military airports and to the management of the airport for non-military airpmts.
v. Any applicable solar energy system design changes (e.g. module tilt, module reflectivity,
etc.) after initial submittal shall be rerun in the SGHAT tool and the new full report shall be
sent without undue delay to the contact specified in iii.b. (!) and iii.b. (2) for accurate records
of the as-built system.
Decommissioning and Abandonment
1. Decommissioning and abandonment requirements shall only apply to Level 2 and 3 solar energy systems
a) Level I systems shall be exempt from decommissioning and abandonment requirements.
2. A solar energy system that ceases to produce energy on a continuous basis for 12 months will be
considered abandoned unless the current responsible party (or parties) with ownership interest in the solar
energy system provides substantial evidence (updated every six (6) months after 12 months ofno energy
production) to the Planning Director of the intent to maintain and reinstate the operation of that facility.
It is the responsibility of the responsible party (or parties) to remove all equipment and facilities and
restore the parcel to its condition prior to development of the solar energy system. Restoration to less
than the original condition is acceptable when it is requested in writing by the parcel owner.
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.
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4. Prior to the issuance of a zoning compliance certificate, the county must receive a performance guarantee
in favor of the county in an amount equal to 1.25 times the estimated decommissioning cost as determined
by a North Carolina licensed engineer. The performance guarantee must be satisfactory to the Planning
Director and may include a performance bond, irrevocable letter of credit, cash deposit or other surety
approved by the Planning Director and County Attorney. Following initial submittal of the performance
guarantee, the cost calculation for decommissioning shall be reviewed every three (3) years, and adjusted
accordingly based upon an updated estimate of a North Carolina licensed Engineer under seal, of the
estimated decommissioning costs. Failure to comply with any requirement of this section shall result in
the immediate termination and revocation of all prior approvals and permits; further, the County shall be
entitled to make immediate demand upon, and/or retain any proceeds of the surety, which shall be used
for the decommissioning and/or removal of the solar energy system, even if it is still operational.
Legal Provisions (Rev. 2/7/22)
Procedure for Solar Energy System Development Approval
1. After the effective date of this ordinance article, no proposed solar energy system as defined in this
ordinance article 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 article.
2. Existing SES developments are governed under the Planning Ordinance regulations in place prior to the
effective date of this ordinance article 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 article.
3. Level 1 Solar Energy Systems as Permitted Uses
Level 1 solar energy systems allowed as permitted uses must meet the applicable height, setback, and
related district standards. Level 1 solar energy systems must complete the following for approval:
a) Approval from Person County Environmental Health or the City of Roxboro Public Works.
b) Addressing from Person County GIS.
c) Zoning permit application and site plan for Person County Planning and Zoning. *
d) Building permit application and building plans for Person County Building Inspections.
In addition to general site plan requirements, site plans submitted to Person County Planning and Zoning
for Level I solar energy systems must show the following:
a) The entire property boundary including existing structures.
b) Planned location of each solar array and accessory equipment.
c) The front, rear, and side setbacks of the solar array and accessory equipment.
d) (If applicable) Required buffer areas with description.
e) A table containing the number, dimensions, height, and type of each proposed solar array including
their generating capacity.
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* Following completion of construction, Level 1 ground mounted solar energy systems may be required
to submit a final as-built survey to the Planning Director. Following approval of the final as-built survey,
systems may receive their Certificate of Occupancy.
4. Level 2 Solar Energy Systems as Permitted Uses
Level 2 solar energy systems allowed as permitted uses must meet the applicable height, setback, aviation
notification, and related district standards. Level 2 solar energy systems must complete the following for
approval:
a) l. Approval from Person County Environmental Health or the City of Roxboro Public Works.
b) Addressing from Person County GIS.
c) Zoning permit application and site plan for Person County Planning and Zoning. *
d) Decommissioning Plan submitted to Person County Planning and Zoning.
e) Building permit application and building plans for Person County Building Inspections.
In addition to the standards listed in the Person County Planning Ordinance Commercial and Industrial
Site Plan Requirements, the site plan submitted to Person County Planning and Zoning must show the
following:
a) Planned location of each solar array and accessory equipment.
b) The front, rear, and side setbacks of the solar array and access01y equipment.
c) (If applicable) Required buffer areas with description.
d) A table containing the number, dimensions, height, and type of each proposed solar array including
their generating capacity.
* Level 2 solar energy systems in the Neuse watershed may require additional materials
Following completion of construction, all Level 2 solar energy systems shall submit a final as-built
survey to the Planning Director. Following submission and approval of the final as-built survey, Level 2
solar energy systems must receive an approved final zoning inspection performed on-site by the Person
County Planning and Zoning Department prior to receiving their Certificate of Occupancy. Prope1ties
located in the Neuse watershed may require additional materials prior to receiving their Ce1tificate of
Occupancy.
5. Level 2 and 3 Solar Energy Systems Requiring Special Use Permits or Conditional District Rezonings
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.
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a) In addition to the standards listed in the Person County Planning Ordinance Commercial and
Industrial Site Plan Requirements, the site plan submitted to Person County Planning and Zoning
must show the following:
i. A narrative describing the proposed solar energy systems, including an overview of the
project and estimated megawatt output of the project,
ii. Planned location of each solar array and accessory equipment.
iii. The front, rear, and side setbacks of the solar array and accessory equipment.
iv. (If applicable) Required buffer areas with description.
v. A table containing the number, dimensions, height, and type of each proposed solar array.
vi. Location where wiring is brought together for inter-connection to the system components
and/or the local utility power grid, and location of disconnect switch.
vii. Location of any onsite battery storage systems/units.
* Level 2 and 3 solar energy systems in the Neuse watershed may require additional materials
b) The following information shall also be included in the submittal for a special use permit or
conditional district rezoning application:
i. A copy of the lease agreements with each property owner and any access and utility
easements. Lease agreements shall have a provision that describes how the agreement may
be renewed. Identifying information, as defined in North Carolina General Statute §14-
113.20(b), and proprietary information may be redacted.
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:
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a. Confirmation that the fire department located in the same fire district as the major solar
energy system has or will acquire equipment to contain and extinguish any fire at the
solar energy system. Any new equipment requested by the fire district shall be paid for
by the major solar energy system owner.
b. Chemical fire suppressants shall be located and properly stored at each battery storage
area and transformer as directed by the County Fire Marshal.
c. An Emergency Response Plan consistent with all applicable Federal Emergency
Management Agency guidelines shall be prepared by the solar energy system owner and
approved by the County Fire Marshal.
d. The 50' area in between the edge of the buffer and the panels shall be maintained and
inspected on an annual basis (see Section 3.1-i) to ensure that emergency vehicles can
adequately access the perimeter of the site.
vi. Other relevant studies, reports, certifications, information, documents and approvals as may
be reasonably requested by the County to ensure compliance with this ordinance article.
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.
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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 article 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 article 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 article shall constitute a separate and distinct offense.
Severabi!ity
Should any provision of this ordinance article 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 article 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 article 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 article. 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.
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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 article, such that
public safety is secured, and substantial justice is achieved.
Effective Date
This ordinance article 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.
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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 article 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 article, 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 article
to a height which exceeds the height limitations established by the surfaces of these zones. These height
restrictions supersede any other height restrictions in this ordinance.
90-4 Use Restrictions
Notwithstanding any other provisions of this ordinance article, no use may be made of land or water within
any zone established by this ordinance article 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
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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 article 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 article, 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 article. Additionally, no application for variance to the requirements of
this ordinance article 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 article 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.
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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
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 article; providing for enforcement; establishing a Board of Adjustment;
and imposing penalties.
This ordinance article 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 article shall be known and may be cited as Person County Airport Zoning Ordinance.
93-2 Definitions
As used in this ordinance article, unless the context otherwise requires:
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Airport
Means Person County Airport.
Airport Elevation
609.4 feet mean sea level.
Approach Surface
A surface longitudinally centered on the extended runway centerline, extending outward and upward from
the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in
Section IV of this Ordinance. In plan the perimeter of the approach surface coincides with the perimeter of
the approach zone.
Approach, Transitional, Horizontal, And Conical Zones
These zones are set forth in Section III of this Ordinance.
Board Of Adjustment
A Board consisting of 5 members appointed by the Person County Board of Commissioners as provided in
Chapter 153 A of the Laws of the State of North Carolina.
Conical Surface
A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1
for a horizontal distance of 4,000 feet.
Hazard To Air Navigation
An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the
navigable airspace.
Height
For the purpose of determining the height limits in all zones set forth in this Ordinance and shown on the
zoning map, the datum shall be mean sea level elevation unless otherwise specified.
Horizontal Surface
A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides
with the perimeter of the horizontal zone.
Larger Than Utility Runway
A runway that is constructed for and intended to be used by propeller driven aircraft of greater than 12,500
pounds maximum gross weight and jet powered aircraft.
Nonconforming Use
Any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions
of this Ordinance or an amendment thereto.
Nonprecision Instrument Runway
A runway having an existing instrument approach procedure utilizing air navigation facilities with only
horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument
approach procedure has been approved or planned.
Obstruction
Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth
in Section IV of this Ordinance.
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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.
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
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2. A width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the
continuation of the centerline of the runway.
3. Utility Runway Nonprecision Instrument Approach Zone - The inner edge of this approach zone
coincides with the width of the primary surf ace and is 500 feet wide. The approach zone expands outward
uniformly to a width of 2,000 feet at a horizontal distance 5,000 feet from the primary surface. Its
centerline is the continuation of the centerline of the runway.
4. Runway Larger Than Utility Visual Approach Zone - The inner edge of this approach zone coincides
with the width of the primary surf ace and is 500 feet wide. The approach zone expands outward
uniformly to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface. Its
centerline is the continuation of the centerline of the runway.
5. Runway Larger Than Utility With A Visibility Minimum Greater Than li..1. Mile Nonprecision
Instrument Approach Zone - The inner edge of this approach zone coincides with the width of the primary
surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at
a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the
centerline of the runway.
6. Runway Larger Than Utility With A Visibility Minimum As Low As li..1. Mile Nonprecision Instrument
Approach Zone - The inner edge of this approach zone coincides with the width of the primary surface
and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 4,000 feet at a
horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the
centerline of the runway.
7. Precision Instrument Runway Approach Zone - The inner edge of this approach zone coincides with the
width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a
width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the
continuation of the centerline of the runway.
8. Transitional Zones - The transitional zones are the areas beneath the transitional surfaces.
9. Horizontal Zone - The horizontal zone is established by swinging arcs of 5,000 feet radii for all runways
designated utility or visual and 10,000 feet for all others from the center of each end of the primary
surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The
horizontal zone does not include the approach and transitional zones.
10. Conical Zone - The conical zone is established as the area that commences at the periphery of the
horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.
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.
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3. Runway Larger Than Utility Visual Approach Zone - Slopes twenty (20) feet outward for each foot
upward beginning at the end of and at the same elevation as the primary surface and extending to a
horizontal distance of 5,000 feet along the extended runway centerline,
4. Runway Larger Than Utility With A Visibility Minimum Greater Than ¾ Mile Nonprecision Instrument
Approach Zone - Slopes thirtyfour (34) feet outward for each foot upward beginning at the end of and at
the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the
extended runway centerline.
5. Runway Larger Than Utility With A Visibility Minimum As Low As ¾ Mile Nonprecision Instrument
Approach Zone - Slopes thirtyfour (34) feet outward for each foot upward beginning at the end of and at
the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the
extended runway centerline.
6. Precision Instrument Runway Approach Zone - Slopes fifty ( 50) feet outward for each foot upward
beginning at the end of and at the same elevation as the primary surface and extending to a horizontal
distance of 10,000 feet along the extended runway centerline; thence slopes upward forty (40) feet
horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended
runway centerline.
7. Transitional Zones - Slope seven (7) feet outward for each foot upward beginning at the sides of and at
the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet
above the airport elevation which is 609. 4 mean sea level. In addition to the foregoing, there are
established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of
and the same elevation as the approach surface, and extending to where they intersect the conical surface.
Where the precision instrument runway approach zone projects beyond the conical zone, there are
established height limits sloping seven (7) feet outward for each foot upward beginning at 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 article 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 article, no use may be made of land or water within
any zone established by this ordinance article in such a manner as to create electrical interference with
navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to
distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair
visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere
with the landing, takeoff, or maneuvering of aircraft intending to use the airport.
93-6 Nonconforming Uses
1. Regulations Not Retroactive - The regulations prescribed in this ordinance article shall not be construed
to require the removal, lowering, or other change or alteration of any structure or tree not conforming to
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the regulations as the effective date of this ordinance article, 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
article, 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 Ordi ordinance article nance 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 ꞏabove the ground, except
when, because of terrain, land contour, or topograpgic features, such tree or structure would extend
above the height limits prescribed for such zones.
b) In areas lying within the limits of the approach zones but at a horizontal distance of not less than
4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than
seventy-five (75) feet of vertical height above the ground, except when such tree or structure would
extend above the height limit prescribed for such approach zones.
c) In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal
zone, no permit shall be required for any tree or structure less than seventy-five ( 75) feet of vertical
height above the ground, except when such tree or structure, because of terrain, land contour, or
topographic features, would extend above the height limit prescribed for such transition zones.
d) Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending
to permit any construction, or alteration of any structure, or growth of any tree in excess of any of
the height limits established by this ordinance article 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 article 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.
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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 article, 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 article. Additionally, no application for variance to the requirements of
this ordinance article 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 article and be reasonable in the circumstances, be
so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain,
at the owner's expense, such markings and lights as may be necessary. If deemed proper by the Board of
Adjustment, this condition may be modified to require the owner to permit the County of Person, at its
own expense, to install, operate, and maintain the necessary markings and lights.
93-8 Enforcement
It shall be the duty of the County Planner to administer and enforce the regulations prescribed herein.
Applications for permits and variances shall be made to the County Planner upon a form published for that
purpose. Applications required by this ordinance article 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 article; ( 2) to hear and decide special exceptions to the terms of this
ordinance article 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 article. 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
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order, requirement, decision, or determination which comes before it under the provisions of this
ordinance article.
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 article, or to effect
variation to this ordinance article.
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 article, may appeal to the Board of Adjustment.
2. All appeals hereunder must be taken within a reasonable time as provided by the rules of the Board of
Adjustment, by filing with the County Planner a notice of appeal specifying the grounds thereof. The
County Planner shall forthwith transmit to the Board of Adjustment all the papers constituting the record
upon which the action appealed from was taken.
3. An appeal shall stay all proceedings in furtherance of the action appealed from unless the County Planner
certifies to the Board of Adjustment, after the notice of appeal has been filed with it, that by reason of
the facts stated in the certificate a stay would in the opinion of the County Planner cause imminent peril
to life or property. In such case, proceedings shall not be stayed except by order of the Board of
Adjustment or notice to the County Planner and on due cause shown.
4. The Board of Adjustment shall fix a reasonable time for hearing appeals, give public notice and due
notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any
party may appear in person or by agent or by attorney.
5. The Board of Adjustment may, in conformity with the provisions of this ordinance article, 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 article 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 article
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 requirement shall
govern and prevail.
93-14 Severability
If any of the provisions of this ordinance article or the application thereof to any person or circumstances are
held invalid, such invalidity shall not affect other provisions or applications of the ordinance article which
can be given effect without the invalid provision or application, and to this end, the provisions of this
ordinance article are declared to be severable,
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93-15 Effective Date
Whereas, the immediate operation of the provisions of this ordinance article is necessary for the preservation
of the public health, public safety, and general welfare, an EMERGENCY is hereby declared to exist, and
this ordinance article shall be in full force and effect from and after its passage by the Person County Board
of Commissioners and publication and posting as required by law. Adopted by the Person County Board of
Commissioners.
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ARTICLE X
NONCONFORMING USES
ARTICLE X – NONCONFORMING USES
SECTION 100 - INTENT
Section 101 – Intent
Within the districts established by this ordinance article, there may exist land uses which were lawful before
this ordinance article or its predecessor ordinance article were passed but which would be prohibited or
restricted under the terms of this ordinance. It is the intent of this ordinance article 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 article 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 article 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 article. 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 article shall be construed to prevent the reconstruction of any building,
conforming or nonconforming, damaged by any means. However, any nonconforming building which is
damaged may only be replaced by a structure of equal or smaller size and square footage as that of the
previous structure. No reconstruction or new construction shall be allowed which creates any new or
additional nonconformity than that which existed at the time of damage. *(Amended 11/17/92)
4. 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
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(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 article. (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 article, 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, 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 article shall be considered a nonconforming use or structure as that term is used in this
ordinance article. (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 article 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)
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104-1 (Deleted 6/3/2013)
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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
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
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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 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 is allowed to contain non-commercial copy in lieu of any other copy. (Amended 7/7/97)
SECTION 122 -- SIGNS EXEMPTED
Section 123 – Sigs Exempted
The following signs shall be exempt from regulations under this article, regardless of whether they may be
considered "signs":
1. Commemorative tablets or signs, historical or memorial markers or monuments, erected by or with the
permission of the Person County Board of Commissioners, Roxboro City Council or the N.C. Department
of Transportation.
2. Any official traffic control or other public sign;
3. Lights and decorations with no commercial message temporarily displayed on traditionally adopted civic,
patriotic or religious holidays;
4. Signs carried by people;
5. Signs located on the interior of buildings, courts, lobbies, stadiums or other structures which are not
intended to be seen from the exterior of such structures; and,
6. Signs not visible from a public or private street.
SECTION 123 - TEMPORARY SIGNS
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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 article. 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
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)
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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). (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)
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.
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The area of the sign shall be computed by means of the smallest square, circle, rectangle, triangle or
combination thereof which will encompass the extreme limits of the writing, representation, emblem, or
other display, together with any material or color forming an integral part of the background of the display
or used to differentiate the sign from the backdrop or structure against which it is placed, but not including
any supporting framework, bracing, ornamental base or trim.
2. Height. The maximum height of an off-premise advertising sign shall be 30'. Said 30' shall be measured
from: (i) the higher of the unaltered grade of the terrain of the sign location or (ii) the elevation of the
grade of the road shoulder perpendicular to the sign, whichever is higher, to the uppermost part of the
sign or sign structure, whichever is higher.
3. Setback. An off-premise advertising sign shall comply with the following minimum setbacks
requirements:
a) In General Industrial (GI), Highway Business (B-1), and Neighborhood Business (B-2) an off-
premise advertising sign shall be set back a minimum of 15' from the road right-of-way and 15' from
the side property lines; and
b) In a Rural Conservation (RC) Zoning District an off-premise advertising sign shall be set back a
minimum of 15' from the road right-of-way, and 50' from the side property lines.
4. Spacing from Other Off-Premise Advertising Signs No off-premise advertising sign shall be located
closer than 1400' from any other off-premise advertising. A sign on the opposite side of the road or
highway shall not be located closer than 400 feet to an off-premise sign already erected. These distances
are to be measured along the edge of the pavement between the closest points of the sign from a line
drawn perpendicular to the edge of the pavement to the edge of the sign.
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 article, 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 article is in conflict with any
applicable state or federal regulations or statutes, the more restrictive provisions shall apply.
8. A property owner may not create a lot after March 17, 1997, that does not meet minimum lot size
requirements for the purpose of placing an off-premise advertising sign on it.
9. Zoning Permit Required: A zoning permit shall be obtained from the Zoning Administrator prior to the
placement of an off-premises advertising sign. Each request for a zoning permit shall be accompanied by
a:
a) Recorded survey plat or a survey prepared by a registered land surveyor, if available, showing
accurate dimensions of the lot to be built upon and the proposed sign location.
b) In the absence of the above, the proposed sign location may be hand drawn on the applicable lot
depicted on a copy of an official Person County tax map.
c) Tax map reference number and parcel number of the lot to be built upon;
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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 and other applicable parts of this ordinance. An off-premise directional sign which
does not meet such provisions of this article shall be considered in violation of the ordinance article.
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:
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 ti me, 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.
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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.
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, 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 article; reestablished after damage or destruction in excess of sixty percent (60) percent of the fair
market value immediately prior to the time of the damage or destruction; modified in any way which increases
the sign's degree of nonconformity; or reestablished after the sign structure has been removed.
As soon as reasonably possible after the effective date of this amendment, the zoning administrator shall
make every reasonable effort to identify all the nonconforming signs with the county's planning jurisdiction.
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ARTICLE XIII
ADMINISTRATIVE POWERS AND DUTIES (Amended 5/3/21)
SECTION 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)
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
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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 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
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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,
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 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
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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 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).
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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.
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.
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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.
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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.
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 article.
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14-3 No building permit, certificate of occupancy or any other permit required by other applicable laws or ordinance
article 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 article:
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.
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.
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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.
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 article to be imposed. A Family Subdivision may be further subdivided pursuant to this ordinance
article.
16-3 Minor Subdivisions
Any division of land where all proposed lots conform to the requirements of this ordinance article 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
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emergency and service vehicles, and that no such access shall be established closer than one- hundred-
fifty (150) feet to any other previously recorded access. (Amended 5/3/99)
All private roads and access easements meeting the minimum standard in the Addressing and Road Naming
ordinance article 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 article 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:
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.
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__________________________________________
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 article, 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 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)
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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 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 article.
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 article 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
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on the site specific development plan unless modifications are submitted to and approved by the County
Commissioners.
e) 30-7.5The establishment of a vested right under an approved site specific development plan shall not
preclude the application of ordinance article 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 article shall require the County Commissioners to grant a vested right
to develop in conjunction with the approval of a concept plan. Nothing shall preclude subsequent
reviews and approvals of site specific development plans by the Planning Board and County
Commissioners to ensure compliance with the terms and conditions of the original approval, provided
such reviews and approvals are not inconsistent with the original approval. Nothing in this ordinance
article 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 article.
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)
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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)
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 article 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.
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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 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)
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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 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 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
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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 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)
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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 article 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 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 article 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.
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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.
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.
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.
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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 article.
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 (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
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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 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 article unless otherwise allowed due to the type of subdivision or other
provision of this ordinance article:
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 article, building codes, or other official regulations.
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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
Reserved.
SECTION 55
Reserved
145-7 Easements
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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
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 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
article.
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)
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SECTION 177 - ADMINISTRATION
SECTION 70 - MODIFICATIONS
Section 148 – Administration
Modifications
1. 70-1 The standards and requirements of this ordinance article 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
(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 article 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 article,
showing a subdivision of land before such plat has been properly approved under this ordinance article 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 article 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 article, except for plats dated prior to the adoption of this
ordinance article. 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
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final plat is recorded. The landowner shown on the subdivision plat submitted for recording or his
authorized agent, shall sign a statement on the plat stating whether or not any land shown thereon is within
the platting jurisdiction of Person County as defined in Section 14. The filing or recording of a plat or
subdivision without the approval of the Planning and Zoning Administrator as required by this ordinance
article, 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 article or regulation impose higher standards
than are required by the provisions of this ordinance article, the provisions of such law, ordinance article
or regulations shall govern.
SECTION 75 - AMENDMENT PROCEDURE
(Amended 11-18-91)
Amendment Procedure (Amended 11-18-91)
1. 75-1 This ordinance article 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 article. 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 article, 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:
a) 1) Any person, firm or corporation who violates any provisions of this ordinance article 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 article 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
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(Added 5/3/2021)
Appeals (Added 5/3/2021)
1. 78-1 Appeals of administrative decisions under this ordinance article 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 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 article. 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:
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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.
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.
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Building
Any structure, either temporary or permanent, having a roof or other covering, and designed or used for the
shelter or enclosure of any person, animal or property of any kind, including tents, awnings, or vehicles situated
on private property and used for purposes of building.
Building Setback Line
A parallel line located a minimum horizontal distance from the center line of a street and between that line and
the street, no building or parts of a building may be erected, altered, or maintained except as otherwise provided
herein.
Building Inspector
The person designated by Person County to enforce the building codes within its territorial jurisdiction.
Capital Improvements Program
A proposed schedule of all future projects in order of construction priority which are to be encumbered by
Person County.
Central Sewer System
Any sewage disposal system whether operated publicly or privately other than a pit privy or a septic tank
located on the lot and approved by the Person County Health Department and the North Carolina Department
of Natural Resources and Community Development.
Central Water System
A system operated publicly or privately, whereby the watercourse is not located on the lot of the consumers
and the number of connections must be at least fifteen (15) and approved by the Person County Health
Department and the Water Supply Branch of the North Carolina Department of Natural Resources and
Community Development.
Certificate Of Occupancy
A statement signed by the building inspector setting forth that the building, structure or use complies with the
Zoning ordinance article and any applicable construction codes, and that the same may be used for the purposes
stated herein. (Amended 5/3/99)
Concept Plan
A sketch, preparatory to the preparation of the construction plat for a major subdivision, to enable the developer
to save time and expense in reaching general agreement with the Planning Board and Board of County
Commissioners relative to the general layout and design of the proposed subdivision.
Developer
Any person, firm, trust, partnership, association, or corporation engaged in development, or proposed
development, of a subdivision.
Easement
Authorization by a property owner for the use by another, and for a specified purpose, or any designated part
of his property.
Frontage
All property abutting on one (1) side of a street measured along the street line.
Grade
The slope of a road, street, or other public way specified in percentage (%) terms.
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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 article, is the distance measured in the mean direction of
the side lines of the lot from the midpoint of the front line to the midpoint of the opposite lot line.
Lot, Double Frontage
A continuous lot of the same depth as the width of a block, accessible from both rights of way upon which it
fronts.
Lot Improvement
Any building, structure, place, work of art, or other object, or improvement of the land in which said
improvements is situated which contributes a physical betterment of real property or any part of such
betterment.
Lot Line
Any boundary of a parcel of land.
Lot Line, Front
Any boundary line of a lot running along a street right-of-way line.
Lot Line, Rear
The rear lot line, shall be the property line(s) which is (are) opposite the front property line. If no property line
is deemed to be opposite the front property line and no minimum building line exists on the final plat to establish
a rear lot line, then there shall be no rear lot line; however, the rear yard setback shall be maintained from the
point (apex) on the property's perimeter which is the furthest removed from the midpoint of the front line. The
rear yard minimum building line shall be a line perpendicular to a straight line connecting said apex and the
midpoint of the front lot line.
Lot Line, Side
A boundary line which is not defined as a front or rear lot line.
Lot Of Record
A lot which has been recorded in the Office of the Register of Deeds of Person County or a lot described by
metes and bounds, the description of which has been recorded in the aforementioned office.
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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 article.
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 article, or lots located in one (1) to five (5) lot
subdivisions as provided in Section 53-2 of this ordinance article. (Amended 5/3/99)
Non-Residential Subdivision
A subdivision having intended use other than residential, such as commercial or industrial or recreational.
Official Plan
Any plan officially adopted by the County Commissioners of Person County as a guide for the development of
the County consisting of maps, charts, and/or texts.
Open Carport
A roofed area principally for the shelter of not more than three automobiles, open on at least two sides and shall
be attached to the main building.
Ordinance
Any legislative action, however denominated, of a local government which has the force of law, including any
amendment or repeal thereof.
Owner
Any person, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient
proprietary interest in the land sought to be subdivided under these regulations.
Planning Board
A body appointed by the County Commissioners to perform the following duties: develop and recommend long
range development plans and policies; and advise the County Commissioners in matters pertaining to current
physical development and zoning for the County's planning jurisdiction.
Plat
A map or plan of a parcel of land which is to be, or has been subdivided.
Plat, Construction
The maps or drawings showing the specific location and design of improvements to be installed in the
subdivision.
Plat, Preliminary
The preliminary drawing or drawings for a minor subdivision, described in these regulations, indicating the
proposed manner or layout of the subdivision.
Plat, Final - The map, plan or record of a subdivision and any accompanying material as described herein.
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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
A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission
line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use.
Right Of Way, Partial-Width
A right of way which has a width of less than fifty (50) feet.
Same, Ownership
Ownership by the same person, corporation, firm entity, partnership, or unincorporated association; or
ownership by different corporations, firms, partnerships, entities or unincorporated associations, in which a
stockholder, partner, or associate, or a member of his family owns an interest in each corporation, firm,
partnership, entity, or unincorporated association.
Setback
The distance between the minimum building line and the street front, side and rear property lines and where no
street right of way is involved, the property line shall be used in establishing the setback.
Site Specific Development Plan
A plan for land development submitted for the purposes of obtaining a vested right and must describe with
reasonable certainty the development intentions for a specified parcel or parcels of property. Such a plan
drafted by an engineer or professional land surveyor includes, but is not limited to: The boundaries of the
property with bearings and distances; names of adjoining property owners and a vicinity map; a delineation of
the proposed lots including bearings and distances; provisions regarding water and sewer and any other
proposed improvements such as lighting, buffering, recreation areas, etc.; and a schedule (if any) noting
development stages. (Amended 11/18/91, 5/3/99)
Street
A public or private thoroughfare with a width of at least fifty (50) feet which affords access to abutting property
and is recorded as such in the office of the Person County Register of Deeds. Particular kinds are as follows:
Collector Street
A street intended to move traffic from local streets to secondary arterials.
Cul-De-Sac
A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of
traffic movement.
Street, Dead-End
A street, or portion of a street, with only one vehicular outlet, which by design may be extended in order to
serve additional lots or to provide access to another street.
Major Thoroughfare
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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
9. A combination of lands which adds land to previous subdivided and recorded lots which are contiguous to
the addition.
Vested Rights
a right pursuant to the North Carolina General Statutes to undertake and complete the development of property
under the terms and conditions of an approved site specific development plan. (Amended 11-18-91)
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ARTICLE XV
DEVELOPMENT APPLICATION REVIEW PROCEDURES 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 establishes the procedures for all approvals, administrative reviews and administrative relief
required by this article. This 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 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
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
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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 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
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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).
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
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Planning Board meeting schedule on file in the Planning and Zoning Department. A notice of such public
hearing shall be published once a week for two (2) consecutive weeks in a newspaper of general circulation
in Person County. Said notice shall be published the first time not less than ten (10) days and not more than
twenty-five (25) days prior to the date established for such public hearing. (Amended 11/5/01; 7/22/02;
3/13/2006). For map amendments, the Zoning Administrator will be responsible for mailing written notices
to all property owners within 500’ of the property including the applicant and properties separated from the
subject property by street, railroad, and other transportation corridor (N.C.G.S. 160D-602). The Zoning
Administrator shall post notice on the land subject to the application within the same time period specified
for mailed notice of the hearing using weatherproof signs, one sign per road frontage and posted no more
than 25’ from the street right-of-way (NCGS 160D-602)(Amended 8/4/25). Signs must be clearly visible
from the street and designate “Zoning Proposal Pending” with the phone number of the Planning and Zoning
Department. When multiple parcels are included, a posting on each individual parcel is not required, but there
should be reasonable notice provided to interested persons.
1. When conducting a review of proposed zoning text or map amendments pursuant to this section, the
Planning Board shall advise and comment on whether the proposed action is consistent with the County’s
comprehensive plan that has been adopted. The Planning 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 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
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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.
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:
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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) 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
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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. 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;
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)
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155-1 Special uses are land uses which in some circumstances may be compatible with and desirable in the districts
in which they are designed as special uses, but they may also have characteristics which could have
detrimental effects on adjacent properties if not properly designed and controlled. Special uses add flexibility
to the Planning Ordinance. By means of controls exercised through the Special Use Permit procedures,
property uses which would otherwise be undesirable in certain districts can be developed to minimize any
bad effects they might have on surrounding properties.
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;
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.
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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 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
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with the height, yard, area and parking regulations for the use district in which they are permitted unless
otherwise specified.
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;
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
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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.
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
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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 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)
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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 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.
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
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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 – Zonign 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.
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;
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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:
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
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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).
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 with the published
Planning Board meeting schedule that is on file in the Planning and Zoning Department. A notice of such
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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 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.
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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:
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;
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4. Upon payment to the affected applicant and/or landowner of compensation for all costs, expenses and
other losses incurred by the same including all fees paid in consideration of financing, and all
architectural, planning, marketing, legal, and other consultant's fees incurred after approval by the Board.
Compensation shall not include any diminution in the value of the subject property; or,
5. Upon findings by the Commissioners, after a public hearing in which reasonable notice and
advertisement are given, that the landowner, his successors, or any representatives intentionally supplied
inaccurate information or made material misrepresentations which after the original approval of the
Commissioners of the site specific vesting plan;
6. Upon changes in state or federal law or regulation that preclude the proposed use or development project
as originally approved in the site specific vesting plan. The owner and/or applicant shall have the
opportunity in this instance to submit appropriate applicable modifications to the original site specific
vesting plan for the Planning Board and County.
SECTION 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
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issue these orders after notice to all proper parties. No testimony of any witness before the Board pursuant
to a subpoena issued in exercise of the power conferred by this section may be used against the witness
in the trial of any civil or criminal action other than a prosecution for false swearing committed on the
examination. Any person who, while under oath during a proceeding before the Board, willfully swears
falsely, is guilty of a Class 1 misdemeanor. (Added: 3/13/2006)
4.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.
ARTICLE XVI
SECTION 170 - EFFECTIVE DATE
ARTICLE XVII – Effective Date
170-1 This ordinance, shall become effective on May 20, 1991.
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SECTION 2. Any ordinance or resolution inconsistent with this ordinance is hereby repealed.
SECTION 3. Adopted this 20th day of April, 2026
Dated: Kyle Puryear, Chairman
Person County Board of Commissioners
Attest:
[SEAL] Michele Solomon, NCCCC
Clerk to the Board of Commissioners
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Board of Commissioners
APRIL 20, 2026
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Petition TA 1-26 –Planning Ordinance Consolidate
Financial Impact:
Not applicable
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
Summary:
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4 ordinances consolidated into 1
Petition TA 1-26 –Planning Ordinance Consolidate
No changes in regulations
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Heading Structure update
•ARTICLE SECTION Subsection
•Level 1 = 1 LEVEL 2 = a)Level 3 = i.
•Consistent formatting, capitalization, spacing, indent, etc.
•Removed all cross references
•Consistent with state language for traditional zoning
Page numbers, Header, Footer
Update Table of Contents
Completed final QC
Petition TA 1-26 –Planning Ordinance Consolidate
No changes in regulations
Staff Analysis and Recommendation
This update supports 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.
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Petition TA 1-26 –Planning Ordinance Consolidate
Public Engagement
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
February 26, 2026 and
March 5, 2026
•Notice issued for Planning
Board Public Hearing
March 12, 2026
•Planning Board Public
Hearing –Rec. Approval
242
Petition TA 1-26 –Planning Ordinance Consolidate
Planning Board Action(s)
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. No substantive or regulatory changes are proposed.
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Petition TA 1-26 –Planning Ordinance Consolidate
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.
March 11, 2026 –Legal Counsel
•Use NCGS 160D terminology, such as “regulations adopted pursuant to this Article,”to align local regulations with state
enabling legislation.
•Avoid cross-references between articles, since the Planning Ordinance is not a Unified Development Ordinance (UDO)
and articles function largely independently.
•Do not rely on footnotes or embedded references, as they may be overlooked; key requirements should appear directly
in the text.
•This approach improves clarity, usability, and legal defensibility of the ordinance.
March 12, 2026
Planning Board recommended Board of Commissioners approve TA 01-26
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Petition TA 1-26 –Planning Ordinance Consolidate
Board of Commissioner (Sample Motion):
A motion to approve could be worded as follows:“I hereby move to approve TA -01-26 to consolidate the Planning
Ordinance, and find the document reasonable,in the public’s interest and consistent with the Person County &City of
Roxboro Joint Comprehensive Land Use Plan because it groups multiple development regulations into a single
document
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Thank You
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April 6, 2026
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PERSON COUNTY BOARD OF COMMISSIONERS April 6, 2026
MEMBERS PRESENT OTHERS PRESENT
Kyle Puryear Katherine M. Cathey, County Manager
Sherry Wilborn Michele Solomon, Clerk to the Board
Jason Thomas T.C. Morphis, Jr., County Attorney
Antoinetta Royster
Donald Long
The Board of Commissioners for the County of Person, North Carolina, met in
Regular session on Monday, April 6, 2026 at 6:00 p.m. in the Auditorium of the Person
County Office Building located at 304 S. Morgan Street, Roxboro, NC.
Chairman Puryear called the meeting to order and recognized a quorum was present.
Commissioner Thomas offered an invocation, and Commissioner Royster led the group in
the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Vice-Chair Wilborn and carried 5-0 to approve the
agenda.
PROCLAMATION RECOGNIZING APRIL AS GUARDIAN AD LITEM CHILD
ADVOCATE APPRECIATION MONTH
Assistant County Manager/Human Services Director Brian Hart read a
Proclamation Recognizing April as Guardian ad Litem Child Advocate Appreciation Month
in Person County. Guardian ad Litems in attendance were invited to rise and receive
recognition of the Board and all present.
A motion was made by Vice-Chair Wilborn and carried 5-0 to approve a
Proclamation recognizing April as Guardian-ad-Litem Child Advocate Appreciation
Month.
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PUBLIC HEARING:
TEXT AMENDMENT TA-07-25, REVISED, FOR ADOPTION OF THE
AMENDMENTS TO THE SOLAR ENERGY SYSTEM ORDINANCE
A motion was made Vice-Chair Wilborn and carried 5-0 to open the duly
advertised public hearing for Text Amendment TA-07-25, Revised, for Adoption of
the Amendments to the Solar Energy System Ordinance.
Planning Director Nish Trivedi presented the following:
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There were no questions by the Board for Trivedi at this time.
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Catherine Hill, an attorney with Smith Anderson, on behalf of Hyco Solar, LLC, presented
the following:
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Harrison Cole, Associate Director with Cypress Creek Renewables, provided the
following information:
Background:
o Pre-2017 saw numerous small-scale solar projects statewide; House Bill 951
(2017) created a new framework, shifting to RFP processes and least-cost
additions starting in 2022.
For independent power producers:
o 80 MW AC is the state maximum for selling directly to the utility; projects
above 80 MW must be utility-owned (Duke Energy).
Grid & Transmission Constraints:
o Network upgrades are costly and born by the developer.
o Transmission capacity (analogy: “water pipe”) limits number/size of
projects; typically, 2–3 large projects per county (without major upgrades).
Community Outreach:
o Multiple local information sessions held; ongoing education (including tours
of existing Perkins Lane facility in Roxboro).
o Community support cited: booster clubs, Person County Museum, Veterans
Council (The Wall That Heals event), etc.
Economic/Tax Impacts:
o Estimated $7M in taxes paid over life of a Level 4 project (~$175K/year
average); rollback taxes paid when agricultural deferment ends.
Agrivoltaics & Local Jobs:
o Sheep grazing partnerships (including local operators); hiring preference for
local technicians (managed by Person County native Andy Clack).
Safety/Decommissioning:
o State law requires decommissioning bonds (county or NCDEQ
administration).
o Modern panels: minimal lead content; no leaching under normal conditions;
noise limited to inverters, typically inaudible at the fence line (50–100 feet).
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Board Questions:
Vice-Chair Wilborn asked is the maximum cap 80 MW. Cole stated that 80 MW is
the state maximum for selling directly to the utility and that projects above 80 MW must be
utility-owned.
Commissioner Long asked Trivedi if multiple contiguous parcels under separate
ownership could be recombined to reach the >100-acre threshold. Trivedi stated that yes,
parcels can be recombined and that the single owner/applicant would apply after
recombination. Long also mentioned changing the language in Sections 2.6(B) and 2.6(D),
asking about changing “may” to “shall” (require restoration to original condition and
include a performance bond). Trivedi stated that yes, those changes can be made if the Board
chooses to amend the language. Long asked how the County would enforce any new and
existing rules. Trivedi stated that Level 4 conditions must be equal or more stringent than
baseline standards and would require Conditional Rezoning as explained earlier. Long asked
if battery storage could be included, and what about thermal runway incidents in lithium-
ion systems. Trivedi stated that battery language wasn’t changed and that any battery storage
would need project-specific approval with conditions.
Mike Storch, Manager of External Affairs with Cypress Creek Renewables stated
that they have not experienced incidents in their portfolio and that facilities are live electrical
systems meeting NEC standards. He stated that sites are securely fenced, have 24/7/365
monitoring via Cypress Creek Renewables’ Durham control center, and crews follow strict
call-in/call-out safety protocols. Long cited Cypress Creek Renewables’ social media
claiming Person County residents pay among the highest utility bills (even higher than
Hawaii) and projecting a 16% rate reduction. Cole stated that he is not familiar with those
statements, such claims were not on Cypress Creek Renewables’ official Hyco Solar
Facebook page/newsletter, and that only official channels should be considered
authoritative.
Commissioner Royster asked Cole what are the benefits when it comes to jobs and
to the community as a whole. Cole stated that these size projects have only a handful of full-
time positions once the project is built; however, during construction, which typically lasts
ten to twelve months, there is an average of 150-200 people employed dependent upon the
size of the project. He stated in reference to benefiting the community, he has seen from
experience, that it increases the overall tax budget. Royster had questions related to safety
and operations. Cole stated that all of the facilities are monitored out of the Durham control
center, which is manned, 24/7/365.
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Vice-Chair Wilborn stated that since HB951 was passed, she got a report from the
Planning Department, and it reports only residential applications. She asked Cole would he
say that this Level 3, 10-100 acre is pretty much obsolete now. Cole stated that under the
current HB951, that no developer is able to submit a project that would be under 100 acres
as the minimum size for this part of the state, Duke Energy Progress requires a 50 MW
minimum threshold, which 100 acres does not meet.
Chairman Puryear asked if Cypress Creek Renewables hired vendors to spoof local
numbers and call commissioners, impersonating Person County residents.
Cole stated that a vendor did this about a year ago and that Cypress Creek Renewables
immediately stopped the practice. He apologized and stated it’s not acceptable engagement.
The following individuals appeared before the Board to speak in favor of Text
Amendment TA-07-25, Revised, for Adoption of the Amendments to the Solar Energy
System Ordinance:
Randall Thompson of 439 Van Thomas Drive, Raleigh stated that he is the brother of
landowner/applicant; emphasized landowner rights and tax base increase, and stated that
solar improves county revenues without burdening services.
Harold Henderson of 512 Qual Roost Drive, Semora shared experience losing farm
land to suburban growth, and stated that solar provides a way to protect family land and
support future generations.
Bob Brauer, Chair of the Person County Environmental Advisory Committee, stated
that he is speaking on behalf of the committee. He stated that the committee supported
Level 4 via conditional rezoning, noting location constraints (transmission, minimum 50
MW needs ~350 acres of panels) and the Board’s ability to impose site-specific
conditions.
Bryan Loomis of Strategic Economic Research, contracted by Cypress Creek
Renewables, projected local impacts: 67 construction jobs, 6+ long-term jobs, $3.9M local
earnings during construction, $263K/year in local earnings during operations; ~$7.5M in
property taxes over 40 years (front-loaded due to rollback).
Johnny Rogers of 945 Woodsdale Road, Roxboro stated that he and his spouse Sharon
Rogers own Rogers Cattle Company. He stated that he and his spouse are early adopters
of agrivoltaics (sheep grazing under solar); highlighted regenerative grazing, soil health,
and agricultural co-use benefits.
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Sidney Thompson of 1431 Barker Road, Milton stated that he is the property
owner/applicant. He cited economic volatility in farming (costs, labor) and need to
preserve family land while contributing tax value without county resource strain.
Julie Nye of 407 River Trace Drive, Rougemont urged passage to allow case-by-
case review. She cited NC State Agrivoltaics research and cattle heat-stress reduction
benefits. She submitted a 103-signature petition supporting the amendment.
Carol Truby of 440 Moss Creek Drive, Roxboro noted Person County’s role as an
energy hub due to coal, gas, and renewables. She supported amending the ordinance now
to shape future projects. She stated that she trusts the process and the Thompson family’s
stewardship.
Karolyn Mangeot of 112 Elderberry Lane, Rougemont stated that the amendment
aligns with economic development while preserving rural character. She praised robust
review process and conditional zoning safeguards.
Vonda Frantz of 98 Elderberry Lane, Rougemont listed environmental and policy
reasons supporting renewables (air quality, efficient sun-days, tax base), with conditions
to ameliorate impacts.
Janna Kisner of 200 Semora Road, Roxboro cited evolving solar industry, tax
benefits, diversified energy sources, and quality of Cypress Creek Renewables
operations/site visit experience. She emphasized the “Progress is our Business” motto for
the City of Roxboro.
Anita Charnaker of 194 Moss Creek Drive, Roxboro shared personal experience
with a utility company cutting down her crepe myrtle trees. She stated that she supports
solar as cost-free sun energy.
Susan Jacques of 546 Lockamy Road, Roxboro stated that she is a local solar and
battery owner. She reported safe operation and that she supports agrivoltaics. She noted
Cypress Creek Renewables community engagement.
James Posig of 977 Black Wolfe Road, Semora stated that he is an adjacent
landowner (borders Thompson property on 3 sides). He stated that he supports his
neighbor’s land use rights. He cited local demand for power with minimal adverse impact
of solar.
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Jay Poindexter of 9195 McGhees Mill Road, Semora stated that he supported
growth balanced with low-population areas. He argued solar preferable to high-density
residential expansion.
Kim Wooten of 632 Whitt Town Road, Roxboro stated that she is a PE Electrical
Engineer and that she supports ordinance flexibility with growth limits. She cautioned
against lithium-ion but noted other chemistries exist. She recommended controls to
maintain county identity.
Mike Hawkins of 181 Stonegate Drive, Roxboro stated that he is a farmer and
emphasized innovation and not being left behind. He urged passing of the amendment to
the ordinance.
Kendra Coggins of 256 Tanglewood Circle, Roxboro framed solar as local
investment. She asked the Board to consider redirecting resources to Parks, Arts, and
Community life. She noted Leandro decision’s funding implications and urged new
revenue sources.
The following individuals appeared before the Board to speak in opposition of
Text Amendment TA-07-25, Revised, for Adoption of the Amendments to the Solar
Energy System Ordinance:
Everett Titus representing Louisiana Pacific (LP), stated that LP Roxboro employs
~160; supports ~500 jobs in logging/transport via ~45 suppliers. He urged retaining the
100-acre cap to avoid permanent removal of working forests with long-term
environmental and economic value.
Ray Foushee of 8930 Hurdle Mills Road, Hurdle Mills cited public sentiment
against mega-solar. He emphasized the 2022 ordinance intent and alignment with the
Farmland Preservation Ordinance (August 2024). He stated Level 4 brings few jobs and
risks county-wide proliferation along transmission lines.
Claudia Berryhill of 279 Knolls of Hyco, Roxboro emphasized farmland
protection, rural beauty, and health/safety goals. She warned that >560 acres may be
needed for 80 MW and questioned agrivoltaic claims. She encouraged county incentives
to keep farms in agriculture.
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Hunter Thomas, Chair of the Ag Advisory Board, stated that he is speaking on
behalf of the Advisory Board, expressed concerns as follows: Displacement of
farms/forestry, stormwater runoff/erosion (referencing Virginia Tech preliminary reports),
habitat loss, and limited economic markets for sheep; concluded Level 4 conflicts with
Guiding Principle #1 (celebrating rural character) and Farmland Preservation Plan.
Cynthia Lynch of 395 Union Grove Church Road, Hurdle Mills stated that she is a
Planning Board member. She cautioned about conditional zoning legal risks
(arbitrary/capricious claims). She noted that the county already allows many farm income
supplements. She highlighted that land use regulations exist precisely to balance
individual rights and community impacts.
Paul Lynch of 395 Union Grove Church Road, Hurdle Mills noted Person
County’s existing ~5,000 MW (coal/gas, MEC, pipelines) mostly exported south. He
argued an ~800-acre solar project adds only ~1% on a sunny day. He disputed claims that
solar reduces bills (cited higher rates in states with higher solar proportions). He warned
against covering thousands of acres in panels.
Anthony Horton of 7233 Hurdle Mills Road, Hurdle Mills raised aesthetic/cleanup
responsibility concerns during severe weather (e.g., tornado damage and debris). He
questioned stormwater impacts (e.g., heavy rain events).
PJ Gentry of 541 Byrd Creek, Hurdle Mills stated that she is a former
commissioner. She presented tornado photos (Indiana, Florida; Australia example) of
4,000 acres damaged. She questioned insurance adequacy and cleanup. She urged recusals
where conflicts exist.
A motion was made by Vice-Chair Wilborn and carried 5-0 to close the duly
advertised public hearing for Text Amendment TA-07-25, Revised, for Adoption of
the Amendments to the Solar Energy System Ordinance.
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CONSIDERATION TO GRANT OR DENY TEXT AMENDMENT TA-07-25,
REVISED, FOR ADOPTION OF THE AMENDMENTS TO THE SOLAR ENERGY
SYSTEM ORDINANCE
Commissioner Royster emphasized that the Board is not approving any project at this
time. She stated that she supports this ordinance and is in favor of the text amendment. She
stated that the world is changing around us and that Person County needs to embrace it and
be ready for it. She reminded the Board that there would only be a few that would have a
minimum of 350 acres.
A motion was made by Vice-Chair Wilborn to approve TA-07-25, to adopt the
amendments to the Solar Energy Systems ordinance, and find it consistent with the adopted
Person County & City of Roxboro Joint Comprehensive Land Use Plan, specifically,
Guiding Principle 1: Celebrating Our Rural Character, Objective 1.4: Support the
diversification of agricultural-related activity to strengthen the financial position and long-
term viability of farming, and Guiding Principle 2: Facilitating Sustainable Economic
Growth, Objective 2.7. Provide utility infrastructure to support sustainable economic
growth.
Vice-Chair Wilborn stated that conditional district rezoning provides full case-by-case
discretion; no project is entitled to approval. She stated that the 2022 cap of 100 acres is
now obsolete under current utility procurement and that Level 4 enables modern-scale
projects to be considered, not approved by default. She noted that natural constraints
(transmission proximity, 350+ acres contiguity, 200-ft setbacks, 150-ft vegetative buffers,
1-mile separation from other Level 3/4 projects, airport considerations, decommissioning
bond at 1.25× cost, etc.) minimize widespread siting; estimates of 2–3 large projects
countywide without major transmission upgrades. She stated that Agrivoltaics can preserve
agricultural character and/or provide increased tax value, depending on co-use and
enrollment in agricultural present-use valuation. She noted LP’s request for a “balanced
path”.
Chairman Puryear stated that in 2022, discussions started in reference to the Solar
Ordinance, which at that time yielded a 5-0 vote. He stated that he is not against solar panels,
that he just wants to keep restrictions in place, and is opposed to the text amendment.
Commissioner Thomas stated that since he has been on the Board, this has been the
hardest Public Hearing. He stated that he understands land-owner rights, and he is terrified
that if approved, that there would be lots of solar farms all across the County.
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Commissioner Long asked if one Level 4 project is approved and a similar one is
denied, does that create illegal spot zoning risk. County Attorney T.C. Morphis, Jr. stated
that the likelihood is very low, and that conditional district rezonings are legislative and
site-specific. He stated that the largest NC spot-zoning case struck down was ~50 acres,
and that projects 350+ acres are unlikely to meet illegal spot zoning criteria.
A substitute motion was made by Commissioner Long that proposed amending
the ordinance text as follows:
§2.6(B): Replace “restoration to less than original condition is acceptable if
requested in writing by the parcel owners” with “must be restored to the original
condition as required, without exception.”
§2.6(D): Replace “may” with “shall,” to require inclusion of a performance bond.
After review of procedural guidance from Clerk to the Board Michele Solomon, and
County Attorney T.C. Morphis, Jr, Commissioner Long withdrew the substitute motion,
returning to consideration of the main motion.
A motion was made by Vice-Chair Wilborn to approve TA-07-25, which failed to
carry 3-2, to adopt the amendments to the Solar Energy Systems ordinance, and find it
consistent with the adopted Person County & City of Roxboro Joint Comprehensive Land
Use Plan, specifically, Guiding Principle 1: Celebrating Our Rural Character, Objective 1.4:
Support the diversification of agricultural-related activity to strengthen the financial
position and long-term viability of farming, and Guiding Principle 2: Facilitating
Sustainable Economic Growth, Objective 2.7. Provide utility infrastructure to support
sustainable economic growth. Chairman Puryear, Commissioner Thomas, and
Commissioner Long voted in opposition.
Chairman Puryear called a recess at 8:37 p.m., and the meeting reconvened at
8:42 p.m.
PUBLIC HEARING:
TEXT AMENDMENT TA-01-26- PLANNING ORDINANCE CONSOLIDATION
A motion was made Commissioner Long and carried 5-0 to open the duly
advertised public hearing for Text Amendment TA 01-26 – Planning Ordinance
Consolidation.
A motion was made by Commissioner Long and carried 5-0 to table this Public
Hearing to the next scheduled Board meeting on April 20, 2026.
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INFORMAL COMMENTS:
The following individual appeared before the Board to make informal comments.
John Hill, Recreation, Arts, and Parks Director asked the Board and the
community to keep Mark Ashley and his family in their thoughts following his passing.
He noted Mr. Ashley’s 17 years of service, his leadership at Mayo Park/Mayo Lake, and
his impact on youth programs, tourism, and the Kirby Theater partnership.
Hill expressed interest in considering a naming honor at Mayo Lake Park in
recognition of Mr. Ashley’s service, consistent with existing naming practices.
Chairman Puryear directed staff to bring back a formal recognition/naming item at
a future meeting.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Vice-Chair Wilborn and carried 5-0 to approve the
Consent Agenda with the following items:
A. March 16, 2026, Minutes
B. Budget Amendment # 16
NEW BUSINESS:
DONATION AND REQUEST FOR NAMING RIGHTS FOR CENTENNIAL
PARK TRAILS
Recreation, Arts, and Parks Director John Hill stated that Centennial Park
(formerly County Farm Park) trail-building effort have progressed, driven by local
volunteers and the Triangle Off-Road Cyclists (TORC). He stated that approximately ~6
miles of walking trail have been built; multi-use access (including emergency services)
could extend usable trail mileage to ~10 miles. He stated that TORC leadership and local
volunteers have contributed an estimated $190,080 in trail value (market rate approx.
$5/linear foot). He stated that TORC offered a donation of $18,555 to hire a professional
trail builder for a high-end flow section (~¾ mile), with naming rights for that specific
trail segment, oriented to outdoor recreation industry branding and consistent with the
County’s naming policy.
A motion was made by Vice-Chair Wilborn and carried 5-0 to approve granting
the naming rights to Triangle Off Road Association (TORC) for the specified trail section
in exchange for their $18,555 construction contribution and authorize the County Manager
to approve the chosen name
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FY 2027-2031 RECOMMENDED CAPITAL IMPROVEMENT
PLAN (CIP)
County Manager Katherine Cathey presented the following:
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There were no questions by the Board for Cathey.
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NORTH CAROLINA GENERAL ASSEMBLY PROPERTY TAX REFORM
County Manager Katherine Cathey presented an overview of state-level discussion
regarding a constitutional amendment to limit local property tax increases. She played a
short pre-recorded NCACC video, where NCACC Executive Director Kevin Leonard
shared concerns and advocated targeted relief over broad constitutional caps. Cathey
presented a draft Resolution opposing placing a vague tax cap amendment on the ballot
supporting local control and targeted relief.
Vice-Chair Wilborn stated that she liked the resolution; however, the language
needs to be re-worded. She stated that the resolution needed to be amended to add a clause
in the last paragraph, which makes the language stronger, explicitly opposing having the
amendment on the ballot and reinforcing the importance of local decision-making closest
to the voters.
County Attorney, T.C. Morphis, Jr. will redraft the resolution to strengthen the
final paragraph and circulate to the Board.
A motion was made by Vice-Chair Wilborn and carried 5-0 to approve a
Resolution Supporting Local Control of Property Tax Revenue, subject to attorney-
finalized language.
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CHAIRMAN’S REPORT
Chairman Puryear expressed thanks to all in attendance and for their undivided
attention during the meeting.
MANAGER’S REPORT
County Manager Katherine Cathey stated there is a petition going around for a pre-
disaster shelter plan. She stated that the County maintains an emergency shelter plan
(jointly managed by Emergency Management, DSS, and partners). She stated that the plan
is under active review and update. She stated that the County has occasionally opened
warming centers and refuge sites during extreme weather. She stated that participation has
been limited and that staff will continue evaluating options and community needs.
COMMISSIONER REPORTS/COMMENTS
Vice-Chair Wilborn stated that she attended a Transportation Advisory Committee
meeting and that they formed a subcommittee to advocate for Person County
transportation priorities within the regional scoring process, noting competitive
disadvantage with larger counties. She stated that she participated in meetings/tours
regarding Raleigh Regional Airport, and the Duke Energy Plant, and noted continued
engagement with delegation and partners. She stated that she attended the installation
ceremony for PCC President, Dr Lee. She raised concerns about space heaters, and
guidance referencing “cold-natured” employees. She requested review of comfort, safety,
and productivity impacts of temperature in offices. County Manager Cathey noted the trial
phase and that feedback is being gathered.
Commissioner Thomas thanked attendees for respectful participation and noted the
robust turnout.
Commissioner Royster extended Easter well-wishes. She stated that the Health
Department accreditation has been completed, and the final report is expected May 1,
2026. She commended Health Director Janet Clayton, who is also serving as interim WIC
Director. She stated that efforts are underway to fill the Extension Director position,
following the retirement of Bo Freeman. She stated that she is planning to attend the
Youth Livestock Show in Granville County. She stated that she attended two Chamber
ribbon cuttings, The Bakery Boxing Club fitness facility, and Timberlake Community
Food Bank, which serves ~1,000 families/month. She invited support for the Person
County Special Olympics on April 17, 2026 and indicated that the opening ceremony will
be held at 9:30 a.m. She stated that April is Child Abuse Awareness Month and that she
attended the pinwheel planting ceremony.
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Royster stated that she also attended Good Morning Coffee Hour with Crossroads.
She advocated for the splashpad and stated that recreation needs have been recognized
since the 1970’s. She noted potential community support and grant opportunities, and
expressed that about 30% of the population remains underserved by current offerings. She
requested corrections if needed and sustained commitment to inclusive recreation.
Commissioner Long stated that the Mayo Lake stakeholder meeting is scheduled
for April 15, 2026. He stated that he attended the Fire Chiefs meeting, and it was
discussed that there are ongoing VHF radio issues. He noted an AHA (American Heart
Association) recommendation to discontinue the Lucas device while the County continues
payments from the 10-year refinancing. He stated that the Chiefs Association will
continue looking into this and that he would report back. He stated concerns related to the
budget. He stated that it is his position that the County reduce spending by 20%, reduce
the tax rate, pursue an industrial park land purchase and allocate Veterans Services and
DSS spaces within human services planning. He cited concerns and issues with the
Planning Department. He stated concerns related to Roxboro Community Redevelopment
Corporation (RCRC). He requested documentation and accountability. He stated that the
agreement item was for $60,000, which was to be used for shelter operations/furnishings,
and with no shelter currently operating, he questioned expenditures. He requested concise
reports dated 8/15/2024 and 8/15/2025, and if received, to provide copies. He requested
COI (certificate of insurance) and financial statements per agreement requirements. He
requested a copy of the financial audit from County Finance for the $60,000 expenditure
and taxpayer receipts. He expressed concerns about leadership accountability, and urged
the Board to provide vision and lead.
A motion was made by Commissioner Thomas and carried 5-0 to enter into
Closed Session at 9:32 p.m.
Chairman Puryear called the closed session to order at 9:33 p.m.
CLOSED SESSION #1
A motion to enter into Closed Session #1 per General Statute 143-318.11(a)(5) to
establish, or to instruct the public body's staff or negotiating agents concerning the
position to be taken by or on behalf of the public body in negotiating (i) the price and
other material terms of a contract or proposed contract for the acquisition of real property
by purchase, option, exchange, or lease; or (ii) the amount of compensation and other
material terms of an employment contract or proposed employment contract with the
following individuals permitted to attend: County Manager Katherine Cathey, Clerk to the
Board Michele Solomon, and County Attorney T.C. Morphis, Jr.
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April 6, 2026
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A motion was made by Vice-Chair Wilborn and carried 5-0 to return to open
session at 9:43 p.m.
ADJOURNMENT
A motion was made by Commissioner Royster and carried 5-0 to adjourn the
meeting at 9:45 p.m.
____________________________ ______________________________
Michele Solomon Kyle Puryear
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
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4/20/2026
Dept./Acct No.Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
Public Safety 5,740
Transportation 5,522
Environmental Protection (45,000)
Economic & Physical Development 45,000
REVENUES General Fund
Other Revenue 11,262
EXPENDITURES 2023 LOB's Fund 471,695
REVENUES 2023 LOB's Fund
Limited Obligation Bonds-2023 471,695
Explanation:
Account Number Account Description
$Revenues
incr. (decr.)
(cr.) dr.
$Expenditures
incr. (decr.)
dr. (cr.)
100-389890 Misc Revs: Insurance Proceeds 1,540
1004310-435300 Sheriff: Maint & Repair/Vehicles 1,540
100-389890 Misc Revs: Insurance Proceeds 5,522
1004520-435300 PATS-Maint & Repair/Vehicles 5,522
10025-333840 Sheriff's Office Donations 4,200
1004310-428115 Sheriff's Office-Project LifeSaver 2,200
1004310-428110 Sheriff's Office-Spec Supp/Serv-Shop w/Sheriff 2,000
43040-381491 Interest Earnings 471,695
4305911-519210 A&E Fees-LOB 2023 20,000
4305911-568210 Construction-LOB 2023 451,695
Totals 482,957 482,957
BUDGET AMENDMENT #17
Amends the General Fund to correct function classification from Environmental Protection to Economic &
Physical Development ($45,000); recognize insurance proceeds for Sheriff’s Office ($1,540) and PATS
($5,522); recognize donations to support Sheriff’s Office community programs ($4,200) and amends the
2023 LOB Fund to recognize interest earnings for PHS ADA renovations and improvements ($471,695).
BUDGET ADJUSTMENT DETAIL
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4/20/2026
Dept./Acct No.Department Name Amount
Incr / (Decr)
EXPENDITURES Airport Construction Capital Project Fund (218,397)
REVENUES Airport Construction Capital Project Fund
Transfer from General Fund (12,985)
Fund Balance Appropriation (205,412)
EXPENDITURES Capital Improvement Project Fund
County Projects (1,801,012)
School Projects (77,561)
PCC Projects (612,204)
Transfer to Other Fund (168,000)
REVENUES Capital Improvement Project Fund
Other Revenues (1,835,000)
Transfer from Other Funds 22,223
Fund Balance Appropriation (846,000)
Explanation:
Account Number Account Description
$Revenues
incr. (decr.)
(cr.) dr.
$Expenditures
incr. (decr.)
dr. (cr.)
Airport Construction Capital Project Fund
Expenditures:
4004530-455000 Cap Out Equip $5000+(80,000)
4009821-401010 Transfer to General Fund (138,397)
Revenues:
40070-398010 Transfer from General Fund (12,985)
40090-399990 Fund Balance Appropriation (205,412)
Capital Improvement Project Fund
Expenditures (County Projects):
4104260-560950 HR Software-NEOGOV (182,767)
4104260-561780 Virtual Infrastructure Upgrade (523,000)
4104260-561890 Huck Sans Playgrd-ADA Access (150,000)
4104260-561820 PCOB HVAC System (1,045,950)
4104260-599800 Uncommitted Funds (Contingency)100,705
4109821-401044 Transfer to Fund 440 (168,000)
Expenditures (School Projects):
4105911-571510 Earl Bradsher-Fire Alarm System (77,561)
Expenditures (PCC Projects):
4105921-580610 General Education Building (300,000)
BUDGET AMENDMENT #18
Amends the Airport Construction Capital Project Fund ($218,397) and Capital Improvement Project Fund
($2,658,777) to close out completed projects as of June 30, 2025.
BUDGET ADJUSTMENT DETAIL
279
4105921-580680 New Roof-Bldg L & Covered Walkways (312,204)
Revenues:
41020-341320 PCC-CPCW Building Acqquisition Contribution (1,835,000)
41070-398021 Transfer from Fund 210 22,223
41090-399991 Fund Balance Appropriation (846,000)
Totals (2,877,174) (2,877,174)
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AGENDA ABSTRACT
Meeting Date:
April 20, 2026
Agenda Title:
5311 Certification Form Resolution
Summary of Information:
This is a resolution authorizing the county manager’s authority to execute and file applications
for federal assistance on behalf of Person County for 5311 Grants. This will be for grant years
FY2028 – FY2032. 5311 Grants include administrative and capital grants.
Financial Impact:
To allow the continued application for the 5311 Grants from NCDOT / FTA.
Recommended Action:
Pass the Resolution and have the chairman sign the document.
Submitted By:
Mitch Fleig, Public Transportation Director
281
5311 CERTIFICATION FORM
Last updated: 03/05/26
5311 CERTIFICATION FORM
Resolution No. ______________
Resolution authorizing the filing of applications with the North Carolina Department of
Transportation– Integrated Mobility Division for grant years FY2028 – FY2032, for federal
transportation assistance authorized by 49 U.S.C. 5311, United States Code, other federal
statutes administered by the Federal Transit Administration or state statutes administered by
the State of North Carolina.
WHEREAS, the North Carolina Department of Transportation has delegated authority to
award federal financial assistance for transit projects as allocated throughout North Carolina
by County;
NOW, THEREFORE, BE IT RESOLVED BY THE PERSON COUNTY BOARD OF
COMMISSIONERS
1. That the Person County Manager is authorized to execute and file an application for federal
assistance on behalf of Person County with the State of North Carolina for federal
assistance authorized by 49 U.S.C. Chapter 5311 United States Code, other federal statutes
or state statutes authorizing a project administered by the Federal Transit Administration.
2. That the Person County Manager is authorized to execute and file with its applications the
annual certifications and assurances and other documents the State of North Carolina
requires before awarding a federal assistance grant or cooperative agreement.
3. That the Person County Manager is authorized to execute grant and cooperative
agreements with the State of North Carolina on behalf of Person County
The undersigned duly qualified Chairman of the Board of Commissioners, acting on
behalf of the Person County Board of Commissioners, certifies that the foregoing is a
true and correct copy of a resolution adopted at a legally convened meeting of the
Person County Board of Commissioners held on April 20, 2026 [If the Applicant has an
official seal, impress here.]
_________________________________
(Signature of Chairman)
Kyle Puryear, Chairman
Person County Board of Commissioners
_______________________________1
(Date)
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AGENDA ABSTRACT
Meeting Date:
April 20, 2026
Agenda Title:
Six Remnant Defendants' Opioid Settlement
Summary of Information:
The Board previously authorized Person County's participation in several settlements with
various manufacturers, retailers, and other parties involved in the opioid business. Most of
these other settlements occurred as a result of Person County's participation in the North
Carolina Memorandum of Agreement (NC MOA) between the State and local governments.
A new settlement proposal has been sent to the County arising out of nationwide opioid
litigation. This new proposal is independent of the MOA and represents a settlement
proposed with numerous localities throughout the United States, including Person
County.
The current proposed settlement includes six entities, and their affiliates and subsidiaries,
referred to as the "Remnant Defendants," who are regional dispensers and distributors of
opioid products. Those entities are: Associated Pharmacies, Inc. (and American
Associated Pharmacies), J M Smith Corporation, Morris and Dickson Co., Louisiana
Wholesale Drug Company, Inc., North Carolina Mutual Wholesale Drug Company, Inc.,
and United Natural Foods, Inc. (including its subsidiaries SuperValu and Advantage
Logistics).
As set forth in the attached overview, this settlement is an opt-in settlement. Whether or
not the settlement moves forward depends upon the level of participation. If the
settlement moves forward, the defendants agree to pay a combined total of $97,625,000 in
cash for purposes of abating the opioid epidemic.
To participate in this settlement, we must indicate our intention to "opt-in" by Monday,
May 4, 2026. This includes signing participation documentation and releases. The
releases only go into effect if there exists sufficient "opt-in" participation for the
settlement to move forward.
The proposed resolution is attached and will authorize the County Manager to
execute such documents as may be required to participate fully in the settlements.
283
Financial Impact:
Person County is receiving a total of $4,866,207 in opioid settlement fund through 2038. An
additional allocation from the Six Remnant Defendants' Opioid Settlement will be dependent
upon the level of participation.
Recommended Action:
Approve the resolution authorizing the County Manager to sign the settlement paperwork.
Submitted By:
Katherine M. Cathey, County Manager
284
RESOLUTION AUTHORIZING PARTICIPATION IN THE REMNANT
DEFENDANT OPIOID SETTLEMENT AGREEMENT
WHEREAS, the County of Person (the “Subdivision”) has been involved in litigation and/or
potential claims relating to the opioid epidemic; and
WHEREAS, a proposed nationwide settlement known as the Remnant Defendant Settlement
Agreement (the “Agreement”) has been negotiated to resolve claims against certain opioid-
related defendants; and
WHEREAS, the Agreement provides for monetary payments and other relief to participating
political subdivisions, with allocations determined pursuant to the Plan of Allocation set forth in
Exhibit E of the Agreement; and
WHEREAS, the Agreement contemplates participation by political subdivisions through
execution of required participation documents and releases, and provides for the administration
and distribution of settlement funds by a Notice and Claims Administrator (see § VI(B)(1)(d));
and
WHEREAS, participation in the Agreement is intended to secure funding for opioid remediation
and related purposes for the benefit of the Subdivision and its residents;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
COUNTY OF PERSON:
1. **Approval of Settlement Participation.**
The Subdivision hereby approves participation in the Remnant Defendant Settlement
Agreement and elects to become a Participating Subdivision, subject to the terms and conditions
set forth therein.
2. **Authorization of Execution.**
The County Manager is hereby authorized to execute all necessary documents required for
participation in the Agreement, including any Participation Agreement, Release, or related
certifications.
3. **Acknowledgment of Allocation and Use of Funds.**
The Subdivision acknowledges that any settlement funds received will be allocated pursuant to
Exhibit E and administered in accordance with the Agreement, including any applicable State-
Subdivision Agreement governing distribution and use of funds (§ I(VV)).
4. **Compliance with Terms.**
The Subdivision agrees to comply with all applicable terms of the Agreement, including
requirements related to claims submission, release of claims, and use of funds for approved
opioid remediation purposes.
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5. **Effective Date.**
This Resolution shall take effect immediately upon adoption.
ADOPTED this 20th day of April, 2026.
Kyle Puryear, Chairman
Person County Board of Commissioners
ATTEST:
Michele Solomon, NCCCC
Clerk to the Board
286
National Opioids Settlements: Six Remnant Defendants
Notice and Claims Administrator
opioidsparticipation@rubris.com
To: Person County, NC
Reference Number: CL-2019257
THIS SETTLEMENT OVERVIEW CONTAINS IMPORTANT INFORMATION ABOUT
THE SIX REMNANT DEFENDANTS NATIONAL OPIOID SETTLEMENT
SIX REMNANT DEFENDANTS SETTLEMENT OVERVIEW
A new national opioid settlement has been reached with six regional distributors/dispenser
defendants (Remnant Defendants Settlement): Associated Pharmacies, Inc (and
American Associated Pharmacies); J M Smith Corporation; Louisiana Wholesale Drug
Company, Inc.; Morris and Dickson Co.; North Carolina Mutual Wholesale Drug
Company, Inc.; and United Natural Foods, Inc. (including its subsidiaries SuperValu and
Advantage Logistics) (Six Remnant Defendants). There is one settlement agreement
covering the combined settlement with the Six Remnant Defendants.
If effectuated, the proposed Remnant Defendants Settlement will result in the the Six
Remnant Defendants paying a combined $97,625,000.00 in cash for purposes of abating
the opioid epidemic. An Eligible Entity’s participation in the Remnant Defendants
Settlement, the Settlement will result in a one-time settlement payment to each Eligible
Entity. The Settlement funds must be used for the Core Strategies and Approved Uses set
forth in Exhibit D of the Remnant Defendant Settlement Agreement.
The Remnant Defendants Settlement does not include State Attorneys General or any
amount allocated to a State. Rather, this Settlement will be distributed only and directly to
any Eligible Entity that participates by signing and returning the Combined Subdivision
Participation and Release Form by the deadline.
The allocation to participating entities will be calculated using the national Denver model
but removing from the equation any amount that the Denver model would allocate to a
State Attorney General or a State allocation. Specifically, the interstate allocation formula
will be used to calculate what amount should go to all the subdivisions in each state and
then apply the intrastate allocation as between all subdivisions who are either a litigating
subdivision or a non-litigating subdivision with a population of 30,000 or more. Using that
methodology, a national pro-rata percentage was created. That allocation percentage of
participation is reflected in Exhibit E of the Remnant Defendant Settlement Agreement.
182891755.1287
Eligible Entities must decide whether to participate by Monday, May 4, 2026 .
WHO IS RUBRIS INC. AND WHAT IS THE NOTICE AND CLAIMS
ADMINISTRATOR?
The Settlement provides that a Notice and Claims Administrator will provide notice and
manage the collection of participation forms. Rubris, Inc. is the Notice and Claims
Administrator for this new Settlement and was also retained for the prior national opioid
settlements.
WHY IS YOUR ENTITY RECEIVING THIS NOTICE?
Your entity is eligible to participate in this Settlement. This Notice is also sent directly to
counsel for each Eligible Entity if the Notice and Claims Administrator has their
information. If you are represented by an attorney with respect to opioid claims, please
contact them.
WHERE CAN YOU FIND MORE INFORMATION?
Detailed information about the Settlement may be found at:
https://nationalopioidsettlement.com
You are encouraged to review the Settlement Agreement terms and discuss the terms
and benefits with your counsel. Each Eligible Entity will need to decide whether to
participate in the proposed Settlement, and entities are encouraged to work through this
process before the Monday, May 4, 2026, deadline.
HOW DO YOU PARTICIPATE IN THE SETTLEMENT?
The Settlement requires that each Eligible Entity take affirmative steps to “opt in” to the
Settlement. You will receive the Combined Subdivision Participation and Release Form
via DocuSign along with instructions from the Implementation Administrator. In order to
participate in this Settlement, a person with authority must sign and return the required
Combined Subdivision Participation and Release Form. DocuSign remains the preferred
method of submission of the needed form.
The participation rate will be used to determine whether participation for each Remnant
Defendant is sufficient to move forward. If the Settlement moves forward, your release will
become effective as to that Remnant Defendant. If the settlement as to any Remnant
Defendant does not move forward, the release as to that Remnant Defendant will not
become effective.
Please add the following email addresses to your “safe” list so emails do not go to spam /
junk folders: dse_na3@docusign.net and opioidsparticipation@rubris.com . Please
monitor your email for the Participation Form and instructions.
182891755.1288
All required documentation must be signed and returned on or before Monday, May 4,
2026. Upon effectuation of the Remnant Defendants Settlement, each Eligible Entity will
be provided with a link to a portal where you will enter contact and payment information
to receive settlement funds.
182891755.1289
AGENDA ABSTRACT
Meeting Date:
April 20, 2026
Agenda Title:
America 250 Update
Summary of Information:
Person County’s America 250 Planning Committee will provide a brief update on the planned
activities for 2026.
Financial Impact:
None
Recommended Action:
Receive update from America 250 Planning Committee
Submitted By:
Kim Strickland, Public Information Officer
290
America 250 Update
PERSON COUNTY AMERICA 250 COMMITTEE
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Commemoration
On July 4, 2026, our nation will commemorate the 250th anniversary of the signing of the Declaration of Independence.
The North Carolina Department of Natural and Cultural Resources is leading the statewide effort for the commemoration with activities that include educational outreach for schools and families, online resources, traveling exhibits, and a variety of events.
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Sample of Person County Activities
•Celebrating Native Voices: Sappony Tribe (January)
•America 250 Art Contest for K-12 (April)
•Living History Demonstration at the Person County Museum ofHistory (September)
•Guest Lectures & Special Learning Activities at the PersonCounty Public Library
•Traveling Exhibits
•Special Exhibit at the Person County Museum of History
293
4
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Person County Committee Members
•Dana Blackwell, Chamber of Commerce
•Rev. Clevie Brandon, Faith Community
•Teresa Burch, Person Veterans Council
•Lynda Clayton, City of Roxboro
•Carrie Currie,Person County Museum of History
•Brian Hart,Person County Government
•VACANCY, Arts Council
•Julie Maybee,Tourism Development Authority
•Kara Stewart, Sappony Tribe
•Kim Strickland, Person County Government
•Alan Whitlow, Person Veterans Council
•Von Yeager, Person County Public Library
295
Questions?
296
AGENDA ABSTRACT
Meeting Date:
April 20, 2026
Agenda Title:
Recycling Center Update and Fee Schedule Amendment
Summary of Information:
The merger of Person Industries and the Person County Recycling Center into one building
and upgrading the recycling equipment have proven successful and resulted in a decrease in
expenditures. The proposed fee schedule amendment for scale use will increase revenue.
Financial Impact:
Projected increase in revenues for FY27.
Recommended Action:
Approve fee schedule amendment and celebrate the success of the PI/MRF merger/upgrade.
Submitted By:
Amanda Doss, Person Industries and Person County Recycling Center Director
297
298
299
300
301
302
AGENDA ABSTRACT
Meeting Date:
April 20, 2026
Agenda Title:
Sheriff’s Office Progress Report/Accomplishments.
Summary of Information:
The Sheriff’s Office will present a progress report highlighting Sheriff’s Office
accomplishments, operational improvements, and ongoing initiatives during the current fiscal
year.
Financial Impact:
None.
Recommended Action:
Receive the report.
Submitted By:
Chief Deputy M.C. Massey
303
Person County Sheriff’s Office•Sheriff’s Office progress and accomplishments•Summary of detention facility medical costs for Fiscal Year 2025-2026•Request approval to include in the Fiscal Year 2026-2027 budget, achange in detention professional medical services vendor(SouthernHealth Partners > IMS Correctional Healthcare)•Presented by:• Sheriff C.J. Wilborn• Chief Deputy M.C. Massey• Captain E. Tingen (Jail Administrator)•April 20th, 2026304
Progress andAccomplishments•Review, replacement and implementation of updated Standard Operating Procedures.•New up to date TASER X7 Devices (43) (GCC Grants) and Asset Forfeiture•New Up to date body worn cameras (Motorola)(Grant)•Updated technology for interview room (PCIT)•K9 Blood Hound Unit (Successful Finds)•Implemented Policy regarding HB300 and the utilization of FMRT/Cary Group as a pre-hiring process and Critical Incident Post event assessment.•Brought evidence up to current record retention laws. Review of case files and obtaining proper court dispositions for older cases.305
Progress and Accomplishments•Special Events Team/Crowd Management trained and equipped at (No Cost to Taxpayers)(Asset Forfeiture)•Special Response Team Equipment (Uniforms/Gear) MRAP, DRONES, SXS (No Cost to Taxpayers)(Military Surplus) (Asset Forfeiture)•FLOCK License Plate Readers (Numerous Successful Cases Solved) More devices projected (No Cost to Taxpayers)(Asset Forfeiture)•Special Assignment Investigator Homeland Security TFO (Approved by BOC)•Patrol Division Vehicles UPDATED technology and networks (PETLINK routers) (PCIT)•Crime Mapping implementation through Google Earth to combat ongoing crime trends and to effectively deploy LE resources.306
Progress and Accomplishments•Filling staffing positions in the Detention Center (Up to 14 vacancies in 2022/ Currently 4) Implementation of Training Agreement/ Contract 33 resignation or terminations/3 Retirements / 76 rejections due to not meeting standards/requirements•CPC to Pay-Tel for Detention Facility phones/visits/etc.… Provided services for inmates (religious opportunities, educational programs, e books, digital mail) reporting processes of inmate continuing ed.•Partnered with PCC for GED Equivalency Program•Enacted mandatory insurance enrollment for in processing inmates Health Plan Freedom Inc. is our enroller (Projected large cost savings) •SMCP Roadside Cleanup Program307
Progress and Accomplishments•Spear headed donations and provided aide to Western NC Hurricane Helene relief (Several Trips of necessities and assisted in LE Operations)•July 13, 2025, Responded and aided in relief to Tropical Storm Chantel. Coordinated with multiple agencies to ensure safety of citizens of Person Co•The front office staff demonstrated outstanding teamwork and commitment to community service by assisting with the preparation of blessing bags for patrol vehicles. These blessing bags are utilized by deputies to provide immediate assistance to individuals and families in need while responding to calls for service.The front office staff worked collaboratively to organize, assemble, and prepare the blessing bags, ensuring they were thoughtfully stocked and ready for deployment. This effort required coordination, attention to detail, and a shared dedication to supporting both deputies in the field and the citizens of Person County.This initiative reflects the compassion, professionalism, and teamwork of office staff and highlights their willingness to go above and beyond their daily responsibilities in support of the mission of the Person County Sheriff’s Office.308
AGENDA ABSTRACT
Meeting Date:
April 20, 2026
Agenda Title:
Person County Detention Facility Medical Services Update and FY27 Contract
Summary of Information:
The Sheriff’s Office has completed a review of medical expenditures for the Person County
Detention Facility during Fiscal Year 2025-2026. The review identified continued increases in
detention medical costs associated with inmate care, prescription medications, outside medical
services, and contractual obligations.
Following review of current services and projected needs, the Sheriff’s Office is
recommending a change in vendors for detention medical services beginning in Fiscal Year
2026-2027. The current provider, Southern Health Partners, has been evaluated against a
proposal from IMS Correctional Health Care. Based upon service levels, staffing,
responsiveness, projected costs, and anticipated operational efficiencies, IMS Correctional
Health Care is recommended as the preferred provider for the upcoming fiscal year.
Representatives from IMS will be present for the presentation and to answer questions.
Board action is requested to acknowledge the Sheriff’s Office report and to authorize inclusion
of the proposed vendor change and associated funding in the Fiscal Year 2026-2027 budget.
Financial Impact:
The proposed contract with IMS Correctional Health Care will result in an increase in the
direct contractual cost for detention medical services in Fiscal Year 2026-2027 when
compared to the current agreement with Southern Health Partners.
However, it is anticipated that the increased level of on-site services, improved provider
availability, and enhanced medical oversight provided by IMS Correctional Health Care will
reduce overall out-of-facility medical expenses, including emergency room visits, outside
specialist appointments, and inmate transports for medical care.
The Sheriff’s Office further anticipates that detention-related medical costs may increase in the
coming year due to recent federal legislation and the elimination of certain special enrollment
periods under the Affordable Care Act, which previously allowed some inmates to obtain
309
outside medical coverage. As a result, the County may experience higher unreimbursed
medical expenses for inmate care.
Although the proposed vendor contract represents an increased budget item, the Sheriff’s
Office believes the improved quality of care and reduction in outside medical costs will
provide an overall operational and financial benefit to the County.
Current Contract (Southern Health Partners): $309,428.52
2026-2027 Estimates
Current Vendor (Southern Health Partners): $337,103.64
Proposed Vendor (IMS Correctional Health Care): $446,000.00
Estimated (Increase): $108,896.36
Recommended Action:
Approve a change in vendors for the Person County Detention Facility Medical Care from
Southern Health Partners to IMS Correctional Health Care and confirm the Board’s
commitment to increase funding for jail medical in FY27 to cover the costs of the new
contract.
Submitted By:
Chief Deputy M.C. Massey
310
Overview of Medical CostsFOLLOW UP FROM 2025-2026 BUDGET YEAR311
Overview of Medical Costs•The Person County Detention Center houses inmates brought in for charges from the Roxboro Police Dept., NC Probation and Parole, ALE, NCSHP, NC Wildlife and the Sheriff’s Office. (Pre-Trial) (Once the inmate is given a release order , they become the responsibility of the Sheriff’s Office) including medical care.•Inmates held serving sentences, medical care is provided by the State of North Carolina.312
Increasing Medical Needs in Inmate Population•Growing number of inmates with mental health issuesand drug dependency.•More medical treatments requiredfor inmates suffering from chronic conditions and substance abuse-related health concerns.•Length of time pre-trial detainees remain in custody is increasing, further driving up medical expenses.•More pre-trial bond revocations with new charges•INCREASED JAIL STAYS=INCREASED MEDICAL COSTS313
High Medical Expenses from Inmates•Several inmates have incurred extraordinary medical costsin recent years.•Example: One inmate alone had medical bills amounting well over $1,000,000.00 from a period over the course of 3 years.•Reason for high costs: Inmates requiring long-term care, complex surgeries, mental health treatment, or emergency medical services.314
New Policy to Address High Medical Costs•Increased medical staff coverage from 8/5 to 12/7. This greatly reduced the number of inmates being sent out of facility for care. (Increase in contract cost/decrease in outside medical expenses)•Policy implemented in August 2024: All incoming inmates are now enrolled in insurance through the Affordable Health Care Act. (High percentage of inmates are eligible)•Health Plan Freedom: The Sheriff’s Office works with this independent company to verify insurance eligibility and enroll inmates. (Discovered this service in summer of 2024)•Insurance Coverage: Inmates were issued insurance cards, which are stored on a shared drive. Medical providers are given these cards to cover medical expenses.•Intake Processes and forms when receiving inmates from other agencies. •Inmates charged Co-Pays for sick calls and billed at a minimum for prescription medications.•Impact so far: The savings have been substantial, we are seeing a decrease in the length of stays, which was both costly and taxing on staff.315
Past Medical Bill History (*per Southern Health Partners Billing Records)FY-2021 Budget- $334,062.00 Spent- $440,414.11FY-2022 Budget- $334,062.00 Spent- $444,563.49FY-2023 Budget- $338,062.00 Spent- $815,748.43FY-2024 Budget- $338,862.00 Spent- $720,926.95FY-2025 Budget- $352,420.00 Spent-$1,164,108.28FY-2026 (Thru Feb) Budget- $550,000.00 Spent- $372,943.74FY-2027 Budget-316
Microsoft Excel Worksheet317
Federal Policy CHANGES projected to affect Medical Costs•Big Beautiful Bill implemented in Oct 2025: All incoming inmates are NOT eligible to be enrolled with a (SEP) Special Enrollment Period through the Affordable Health Care Act. The mandated enrollment period NOW is during the months of November and December ONLY.•Health Plan Freedom: The Sheriff’s Office will continue to work with this independent company to verify insurance eligibility and enroll inmates. •Impact so far: We are NOT currently seeing a drastic increase in billing. We are seeing higher rates in pharmacy and necessary medications.(Continuances are occurring but NOT initiations)•Future Projections: Once billing cycles are caught up (within the next 3-6 months), we anticipate significant cost increases due to inmates not having coverage. We will continue to monitor monthly billing.•Looking to get aheadof the projected high cost of the past by increasing coverage and providing a more conducive on-site service.318
Overview of Medical Costs•The Sheriff’s Office Jail budget (1004320) line (419200) Prof-Medical Services for inmate medical costs in the 2025-2026 budget was $550,000.00.•Annual medical provider contract cost: $25,785.71/month, totaling $309,428.52/year.•This left $240,571.48 for other medical costs.•Thru Feb billing we have used $63,515.22.•Utilizing an average of $15,000.00/month thru June including a Post Contract window we are on course to use an additional $75,000.00•Hopefully, allowing us to return approximately $100,000.00 back to County Funds from this past budget year.319
Strategy Moving Forward *Tasked by the Co Manager to seek out information regarding other vendors and alternate services.•Maintaining the current 12/7 coverage with an addition of Electronic Medical Reporting Systems •2026-2027 Southern Health Partners Quote $337,103.64•2026-2027 IMS Correctional health Care Quote $446,000.04•After analyzing past strategies, speaking with other Sheriff’s, and meeting with representatives and discussing services, it is our opinion that even though the yearly contract cost is higher, moving forward with IMS Correctional Healthcare Services will create long term savings…•Expanded on Site Medical Care•Reduction of Off-Site Medical Costs•Improved continuity of care.•Enhanced Risk Management•IMS Correctional Healthcare representatives are present for questions.320
321
Conclusion and Next Steps•The Sheriff’s Office is committed to ensuring the health and safety of all inmates.•To know that any remaining funds not utilized in this line ,due to over projecting will return to County funds.(*These funds NEVER get used on any other items)•Understand that the Sheriff’s Office is committed and will continue due diligence with County Funds and are currently and have been aggressively seeking various methods and policies to find cost savings in every area as seen in the implemented previous policies with “Health Plan Freedom”.•We need the County Board’s support to approve the change of vendor from Southern Health Partners to IMS Correctional Healthcare for the 2026-2027 budget.322
Questions and Discussion•Any questions?•Discussion?•Insight?323
Person County Detention Facility Medical Yearly Comparisons
* Figures from Southern Health Partners Billing Docs *Implementation of Co-Pay
*Impelmentation of ACA
*Contract 8/5 Coverage *Contract 8/5 Coverage *Contract 8/5 Coverage *Increase Contract Cost 12/7 coverage
FY 2023 FY 2024 FY 2025 FY 2026
2022 Month Total Cost Contract Costs Yearly 2023 Month Total Cost Contract Costs Yearly 2024 Month Total Cost Contract Costs Yearly 2025 Month Total Cost Contract Costs Yearly
July -$ 16,007.72$ July -$ 16,648.03$ July 130,887.78$ 17,313.95$ July 146.32$ 25,785.71$
August 1,214.71$ 16,007.72$ August 2,113.66$ 16,648.03$ August 5,442.98$ 17,313.95$ August 12,487.73$ 25,785.71$
September 6,740.59$ 16,007.72$ September 2,668.77$ 16,648.03$ September 23,239.06$ 17,313.95$ September 8,396.44$ 25,785.71$
October 8,061.45$ 16,007.72$ October 3,638.36$ 16,648.03$ October 129,550.27$ 17,313.95$ October 6,684.83$ 25,785.71$
November 140,781.67$ 16,007.72$ November 4,332.99$ 16,648.03$ November 112,806.28$ 17,313.95$ November 14,522.07$ 25,785.71$
December 18,250.75$ 16,007.72$ December 80,831.92$ 16,648.03$ December 229,211.18$ 17,313.95$ December 4,400.57$ 25,785.71$
2023 Month 2024 Month 2025 Month 2026 Month
January 5,660.77$ 16,007.72$ January 79,139.83$ 16,648.03$ January 65,803.81$ 17,313.95$ January 6,505.66$ 25,785.71$
February 51,634.67$ 16,007.72$ February 4,763.80$ 16,648.03$ February 58,394.39$ 17,313.95$ February 10,371.60$ 25,785.71$
March 6,211.12$ 16,007.72$ March 11,526.19$ 16,648.03$ March 146,893.28$ 17,313.95$ March 25,785.71$
April 2,206.67$ 16,007.72$ April 20,111.97$ 16,648.03$ April 13,936.52$ 17,313.95$ April 25,785.71$
May 215,346.83$ 16,007.72$ May 17,613.14$ 16,648.03$ May 11,807.91$ 17,313.95$ May 25,785.71$
June 150,919.49$ 16,007.72$ June 95,223.30$ 16,648.03$ June 15,029.70$ 17,313.95$ June 25,785.71$
Post
Conrtact
Med plus
Pharmacy 16,627.07$
Post Contract Med
plus Pharmacy 199,222.66$
Post
Conrtact
Med plus
Pharmacy 13,337.72$
Post
Conrtact
Med plus
Pharmacy
COST POOL COST POOL COST POOL COST POOL
$ 623,655.79 192,092.64$ 521,186.59$ 199,776.36$ 956,340.88$ 207,767.40$ 63,515.22 309,428.52$
815,748.43$ 720,962.95$ $ 1,164,108.28 372,943.74$
324
*Contract 8/5 Coverage
FY 2023
2023 Month Total Cost Contract Costs Yearly
July -$ 16,007.72$
August 1,214.71$ 16,007.72$
September 6,740.59$ 16,007.72$
October 8,061.45$ 16,007.72$
November 140,781.67$ 16,007.72$
December 18,250.75$ 16,007.72$
2024 Month
January 5,660.77$ 16,007.72$
February 51,634.67$ 16,007.72$
March 6,211.12$ 16,007.72$
April 2,206.67$ 16,007.72$
May 215,346.83$ 16,007.72$
June 150,919.49$ 16,007.72$
Post
Conrtact
Med plus
Pharmacy 16,627.07$
COST POOL
$ 623,655.79 192,092.64$
815,748.43$
325
*Contract 8/5 Coverage
FY 2024
2023 Month Total Cost Contract Costs Yearly
July -$ 16,648.03$
August 2,113.66$ 16,648.03$
September 2,668.77$ 16,648.03$
October 3,638.36$ 16,648.03$
November 4,332.99$ 16,648.03$
December 80,831.92$ 16,648.03$
2024 Month
January 79,139.83$ 16,648.03$
February 4,763.80$ 16,648.03$
March 11,526.19$ 16,648.03$
April 20,111.97$ 16,648.03$
May 17,613.14$ 16,648.03$
June 95,223.30$ 16,648.03$
Post
Conrtact
Med plus
Pharmacy 199,222.66$
COST POOL
521,186.59$ 199,776.36$
720,962.95$
326
*Contract 8/5 Coverage
FY 2025
2024 Month Total Cost Contract Costs Yearly
July 130,887.78$ 17,313.95$
August 5,442.98$ 17,313.95$
September 23,239.06$ 17,313.95$
October 129,550.27$ 17,313.95$
November 112,806.28$ 17,313.95$
December 229,211.18$ 17,313.95$
2025 Month
January 65,803.81$ 17,313.95$
February 58,394.39$ 17,313.95$
March 146,893.28$ 17,313.95$
April 13,936.52$ 17,313.95$
May 11,807.91$ 17,313.95$
June $15,029.70 17,313.95$
Post
Conrtact
Med plus
Pharmacy 13,337.72$
COST POOL
956,340.88$ 207,767.40$
$ 1,164,108.28
327
*Implementation of Co-Pay
*Impelmentation of ACA
*Increase Contract Cost 12/7 coverage
FY 2026
2025 Month Total Cost Contract Costs Yearly
July 146.32$ 25,785.71$
August 12,487.73$ 25,785.71$
September 8,396.44$ 25,785.71$
October 6,684.83$ 25,785.71$
November 14,522.07$ 25,785.71$
December 4,400.57$ 25,785.71$
2026 Month
January 6,505.66$ 25,785.71$
February 10,371.60$ 25,785.71$
March 25,785.71$
April 25,785.71$
May 25,785.71$
June 25,785.71$
Post
Conrtact
Med plus
Pharmacy
COST POOL
63,515.22 309,428.52$
362,572.14$
328
*Implementation of Co-Pay
*Expectation of limited ACA with enrollment being Nov-Jan Recent Big Beatiful Bill
*Recommended to remain 12/7 coverage
*4% Renewal Increase
*Addition EMR (Data base and reporting for medical) $15297.96
FY 2027
2025 Month Total Cost Contract Costs Yearly
July 28,091.97$
August 28,091.97$
September 28,091.97$
October 28,091.97$
November 28,091.97$
December 28,091.97$
2026 Month
January 28,091.97$
February 28,091.97$
March 28,091.97$
April 28,091.97$
May 28,091.97$
June 28,091.97$
Post
Conrtact
Med plus
Pharmacy
COST POOL
- 337,103.64$
337,103.64$
329
*Implementation of Co-Pay
*Expectation of limited ACA with enrollment being Nov-Jan Recent Big Beatiful Bill
*Recommended to remain 12/7 coverage
FY 2027
2025 Month Total Cost Contract Costs Yearly
July 37,166.67$
August 37,166.67$
September 37,166.67$
October 37,166.67$
November 37,166.67$
December 37,166.67$
2026 Month
January 37,166.67$
February 37,166.67$
March 37,166.67$
April 37,166.67$
May 37,166.67$
June 37,166.67$
Post
Conrtact
Med plus
Pharmacy
COST POOL
-446,000.04$
446,004.00$
330
9805 Statesville Road
Suite 4193
Charlotte, NC 28269
Phone: (828) 850-0755
January 19, 2026
Person County Sheriff’s Office
Sheriff Jason Wilborn, Chief Massey
P.O. Box 1156
Roxboro, NC 27573
INMATE MEDICAL SERVICES PROPOSAL
12 hours/day
Dear Sheriff Wilborn and Chief Massey,
We are pleased to present this proposal summary to provide inmate medical services at the Person County Detention Center. As you
know, IMS is headquartered in North Carolina with a sole and dedicated focus on growing our business in our home state. This means
your service level will be high quality, responsive and physically present to meet your needs. We pride ourselves on best-in-class
customer service driven by Retired Sheriff Brad Riley, and the quality of healthcare we provide to inmates – this is all driven by our
ability to be on-site, including Dr. Jay Piland, Dr. Kenny Welch, and other members of our clinical care management team. Our core
medical services are:
Based on our review of your current healthcare staffing as well as our knowledge of Person County and our assessment of your staffing
needs at your facility, we are providing the following cost proposal below:
12 Hours Per Day Medical Staff Onsite for 7 Days a week
24 Hour On-Call
•Onsite coverage 12 hours per day 7 days a week, with 24/7 on-call
•On-site Physician, Nurse Practitioner, or Physician Assistant visits expected a minimum of
weekly.
•Additional staffing support consisting of Registered Nurses, Licensed Practical Nurse,
Medical Technicians, Certified Medical Assistants, and/or Certified Nursing Assistants.
•Electronic Medical Records ARE INCLUDED in this proposal.
•Mental Health Services costs are NOT INCLUDED in the proposal
•All medication set-up by medical staff personnel but not all distribution done by medical
staff
TOTAL COST = $446,000 Per Year
MONTHLY COST = $37,166.67
331
9805 Statesville Road Suite 4193 Charlotte, NC 28269
This proposal includes a total of 124 hours each week of medical staff coverage which includes MedTech and support staffing hours.
The entire IMS team prioritizes quality care and customer service for each of our customers, and to that end, we are always willing to
discuss necessary adjustments to on-site coverage and staffing to suit our customers’ changing needs. In any event, total costs encompass
Services rendered by IMS only, and do not include coverage or cost sharing for any pharmaceutical costs, medical and office supplies,
hospital visits, medical office visits, or any other outside medical costs or fees. This proposal is not binding to either party and is effective
for 90 days.
We encourage you to contact any of our current customers to hear directly from them how we perform customized services in a
correctional healthcare environment. IMS currently maintains over 25 contracts, all of which are in the state of North Carolina.
We are excited at the possibility of partnering with you and Person County to provide inmate medical services and we look forward to
your feedback on our proposal. Again, customer service is a core tenant of the IMS Mission Statement; therefore, we are always available
to discuss the proposal in more depth via phone or email. Please do not hesitate to reach out if you have any questions.
Again, this proposal does not fit the service level IMS delivers.
Sincerely,
Dr. Jay Piland
President
jay.h.piland@imscorrectional.com
(828) 850 – 0755
332
From:Jeanette Rodriguez, Contract Administrator
To:Lori Wheeler
Cc:Mark Massey
Subject:EXTERNAL: Person, NC - SHP Pricing for July 2026 Contract Renewal plus options for EMR and 24/7 Staffing
Date:Tuesday, January 20, 2026 10:13:00 AM
Attachments:image001.png
CAUTION: This email originated from outside of the organization. Please verify thesender's email address carefully before clicking links or opening attachmentsPlease report suspicious emails to Person County IT.
Good morning Lt. Wheeler,
Below is the pricing you requested for the option to increase the staffing plan to 24/7 coverage
for the Person County, NC Jail. I’ve copied Chief Deputy Massey on this email so he will also be
aware of the pricing provided for this staffing change option.
I’ve also included the pricing previously provided on 12/2/25 to Chief Deputy Massey for the
upcoming July 2026-2027 renewal and the option to add an EMR. This will allow you to have
accurate pricing as you budget for the provision of SHP’s inmate healthcare services.
ANNUAL MONTHLY
CURRENT CONTRACT PRICE:$309,428.52 $25,785.71
4% RENEWAL INCREASE $12,377.16 $1,031.43
CONTRACT CHANGE OPTION #1:
Addition of EMR:$15,297.96 $1,274.83
CONTRACT CHANGE OPTION #2:
Increase staffing to 24/7 coverage:$230,630.40 $19,219.20
NEW CONTRACT PRICE WITH
CONTRACT CHANGE OPTION #1 AND #2: $567,734.04 $47,311.17
After your review, please let me know of the County’s decision, and which contract change
options have been selected. I will then prepare a contract amendment for the County to sign in
acknowledgement of the new contract price and terms. After receipt of the signed contract
amendment from the County, SHP will implement the staffing change within 30-45 days and
the EMR process over a 90-day period.
If you have any questions or need anything else, then please let me know so I can be of
assistance.
Thanks.
333
Jeanette Rodriguez
Contracts Administrator
2030 Hamilton Place Blvd., Suite 140,
Chattanooga, TN 37421
Telephone: 423-553-5635 ext. 922
Direct confidential fax: 423-305-6964
Email: jeanette.rodriguez@southernhealthpartners.com
This email and any files transmitted with it are confidential and intended solely for the use of
the individual or entity to whom they are addressed. If you have received this email in error
please notify the sender or hr@southernhealthpartners.com. Please note that any views or
opinions presented in this email are solely those of the author and do not necessarily
represent those of SHP. Finally, the recipient should check this email and any attachments for
the presence of viruses. The company accepts no liability for any damage caused by any
virus transmitted by this email.
334
AGENDA ABSTRACT
Meeting Date:
April 20, 2026
Agenda Title:
FY2027-2031 Recommended Capital Improvement Plan (CIP)
Summary of Information:
The recommended five-year CIP that was presented to the Board of Commissioners on April
6, 2026, is before the Board for discussion, adjustments, and adoption.
The adoption of this CIP will allocate funding for the priority projects for the County, Person
County Schools, and Piedmont Community College for FY27. The document also sets the
priorities of projects for future fiscal years, although funding is only appropriated on an annual
basis, and the plan is reviewed annually. The total amount proposed for funding in FY27 is
$13,598,705. Of this amount $2,981,705 is from the County’ s general fund, including
$204,000 in American Rescue Plan Act (ARPA) funds.
Financial Impact:
The appropriated funding will be included in the FY27 Manager’s Recommended Budget.
Recommended Action:
Provide direction to staff regarding any changes to the recommended plan and then adopt the
CIP.
Submitted By:
Katherine M. Cathey, County Manager and Tracy Clayton, Chief Financial Officer
335
Person County, North Carolina Person County
Capital Improvement Plan
FY 2027-2031
Recommended
Katherine Cathey, County Manager Tracy Clayton, Chief Financial Officer
April 6, 2026
336
Person County, North Carolina
Capital Improvement Plan
Table of Contents
Manager’s Letter to the Board of Commissioners ............................................ 1-2
Objectives and Procedures for the CIP .................................................................3
Criteria for Project Priority .....................................................................................4
Completed and Ongoing Projects ..................................................................... 5-7
Recommended and Not Recommended Projects ........................................... 8-12
Funding Schedule ......................................................................................... 13-15
Graph-Revenue Sources ..................................................................................... 16
Graph-Projects by Function ................................................................................. 17
Graph-Projects by Type ...................................................................................... 18
Person County’s Debt Service ...................................................................... 19-21
Future Debt Service Payments ........................................................................... 22
337
PERSON COUNTY
OFFICE OF THE COUNTY MANAGER
304 South Morgan Street, Room 212
Roxboro, NC 27573-5245
336-597-1720
Fax 336-599-1609
April 6, 2026
Dear Person County Board of Commissioners,
I am pleased to present Person County’s Fiscal Year (FY) 2027-2031 Recommended Capital Improvement Plan (CIP).
The CIP is an important planning tool for our county, reflecting the Board of Commissioners’ priorities for large
capital projects costing more than $50,000. In addition to Person County Government, this plan also incorporates
the needs of our partner agencies, including Person County Schools (PCS) and Piedmont Community College (PCC),
given that counties are statutorily responsible for the provision of educational facilities. We also include capital
needs for two outside agencies for which the County owns the buildings, the Person County Museum of History and
the Person County Senior Center.
The development of this plan considers many factors including the current economic and fiscal climate, logistical
and financial constraints, as well as competing demands and priorities for County funds. The most critical capital
needs are those that address life-safety issues. Once those needs are identified, we work towards a balance of
needs and priorities. This plan identifies the anticipated funding sources needed to meet these priorities. Although
the projects in this plan span the next five years, the fiscal impacts extend far beyond. Projects that are financed
incur debt service payments typically over a 15- to 20-year period. Therefore, the full array of funding sources
needed to support the projects as well as potential impacts to future operating budgets are also presented. The
Board of Commissioners reviews the five-year CIP every year, but only funds the projects on an annual fiscal year
basis.
For the previous fiscal year (FY26), the Board of Commissioners appropriated $2,212,890 from the General Fund,
$217,688 from CIP fund balance, limited obligation bonds (LOBs) in the amount of $10,215,000, and funding from
other revenue sources to fund the CIP. American Rescue Plan Act (ARPA) funds were designated for a mattress and
tire shredder for the recycling center in the amount of $506,910.
FY27 CIP requests total $20,053,160. Over the five-year plan, all requests total $132,206,947. The needs are great,
but with limited funding options, it is necessary to exclude and/or delay some projects. Proposed projects that are
not included in the recommended CIP due to limited funding options and competing priorities are Piedmont
Community College South Campus Renovations ($10,000,000) and Main Campus Backfill ($7,000,000) and new
Emergency Services Facility ($94,642,000).
The recommended FY27 CIP funding amount is $13,598,705. Like current year spending, next year’s funding sources
are diversified. The General Fund contribution is proposed at $2,777,705, and the Community Development
Projects Fund contributes $65,000. The remaining $204,000 of American Rescue Plan Act (ARPA) funding is
allocated for one project. CIP fund balance will not be used. Two projects totaling $337,000 are contingent upon
receiving grants or other outside funding. In FY27, the County will issue $10,215,000 in limited obligation bonds
(LOBs) to finance accessibility, safety and security improvements at five elementary schools. The debt issuance was
originally planned for FY26 and has been delayed until FY27. Education projects account for $10,252,522 or 90.7%
of the FY27 Recommended CIP.
338
County projects include plumbing upgrades at the Law Enforcement Center ($444,950), car camera upgrades for
the Sheriff’s Office ($148,104), a body scanner for the Detention Center ($204,000), and EMS ballistic protection
($62,000 contingent upon receipt of grant funding), ADA accessible playground updates ($65,000), athletic field
lighting upgrades ($59,800), and a public splash pad ($275,000, contingent upon grant funding). The FY27 CIP
includes $756,875 for IT systems projects, HVAC water pipe insulation, door locking security upgrades, and an
elevator modernization for PCC and $11,582,976 for various PCS projects, including accessibility, safety and security
improvements and heat pump and HVAC replacements.
An important element of this CIP is the debt service analysis and the tables and graph showing the future debt
service levels for Person County Government. The County’s total outstanding debt at June 30, 2026 will be $45.5M.
The County, working in partnership with Person County Schools, is planning to issue new debt, totaling $10,252,522
in FY27.
Please keep in mind that this Capital Improvement Plan is just that – a plan – and while a great deal of effort and
analysis have gone into this, it offers a starting point for annual comparisons, fiscal changes, unforeseen needs, and
a place where public discussion can begin. The CIP will continue to be reviewed throughout the year, presenting any
recommended changes to the Board for consideration. This review is critical as new information about our capital
needs, our fiscal health, financing tools, and existing project scheduling arises.
Person County Government takes great care and pride in being fiscally responsible. This CIP demonstrates our
commitment to provide not only sustainable infrastructure but improvements and enhancements to our
community and quality of life. County staff looks forward to working with the Board of Commissioners and our
community partners as we implement the FY 2027-2031 CIP.
Sincerely,
Katherine M. Cathey
County Manager
339
Person County, North Carolina
Capital Improvement Plan
Objectives of a CIP:
• Establish a plan to organize long-term capital needs in a manner that promotes
discussion of priority, feasibility, timing, potential costs, financing options, and
future budget impacts.
• Limit projects included in the plan to those with a cost of $50,000 or greater.
• Provide an overview of capital requests submitted by County departments,
Piedmont Community College, and Person County Public Schools.
• Facilitate coordination and information sharing among the County, community
college, and public schools regarding capital planning.
Steps in developing a CIP:
• Identify capital needs for all departments and applicable County-funded
agencies.
• Evaluate and prioritize proposed projects in alignment with established criteria.
• Present recommendations to the Board of County Commissioners regarding
project timing, priority, and potential financing options..
Categories of projects:
Person County Government
Piedmont Community College
Public Schools
• Each project includes a description, a timeline for construction and operating
costs, and the current status.
• Also included are graphs that summarize revenue sources, projects by function,
projects by type, and outstanding debt.
340
Person County, North Carolina
Capital Improvement Plan
Criteria in determining project status:
Safety
• Is public health or safety a critical factor with regard to this project?
• What are the consequences if not approved?
Mandate
• Is the project required by legal mandates?
• Is the project needed to bring the County into compliance with any laws or
regulations?
Timing and Linkages
• What is the relationship to other projects, either ongoing or requested?
• Does the project relate to a County-adopted plan or policy?
Economic Impact
• Will this project promote economic development or otherwise raise the standard
of living for our citizens?
Efficiencies
• Will this project increase productivity or service quality, or respond to a demand
for service?
• Are there any project alternatives?
Service Impact
• Will this project provide a critical service or improve the quality of life for our
citizens?
• How will this project improve services to citizens and other service clients?
• How would delays in starting the project affect County services?
Operating Budget Impact
• What is the possibility of cost escalation over time?
• Will this project reduce annual operating costs in some manner?
• What would be the impact upon the annual operating budget and future operating
budgets?
Debt Management
• What types of funding sources are available?
• How reliable is the funding source recommended for the project?
• How would any proposed debt impact the County’s debt capacity?
• Does the timing of the proposed construction correspond to the availability of
funding?
341
Person County, North Carolina
Capital Improvement Plan
Completed Projects
Person County Government:
• Human Resources Software-NeoGov ($182,766)
• Virtual Infrastructure Upgrade ($381,127)
• PCOB HVAC System Upgrade ($998,889)
• Huck Sansbury ADA Accessible Playground ($150,900)
• Replace HVAC System-Public Library ($124,500)
• Body Cameras-Sheriff’s Dept ($60,205)
• Local Contingency 2024 LOBs ($168,000)
• P&R-Athletic field light/poles ($122,956)
• P&R-Outdoor Multi-purpose Courts ($63,000)
• P&R-Playground and Park Improvements ($104,546)
Piedmont Community College:
• General Education Building ($298,572)
• Science Lab Renovations ($600,000)
• Room Upfits B, C, G Buildings ($157,500)
Public Schools
• Earl Bradsher Fire Alarm System ($77,560)
• North Elementary Chiller Replacement ($332,270)
• PHS Stadium Restroom Improvements ($3,000,000)
• PHS-Repave Parking Lot ($300,000)
• Helena/Stories Creek W/H Pumps ($300,000)
• Helena-Replace Floor Tiles ($70,000)
• NMS rooftop-HVAC ($50,000)
Ongoing Projects
Person County Government:
New Roof-Inspection/Planning Building ($315,361) – Construction is complete;
awaiting warranty closeout prior to final payment. Closeout anticipated by April 2026.
Human Services Building Improvements ($2,000,000) – Work to date includes HVAC
repairs and roof leak mitigation. Roof replacement is anticipated for bidding in Summer
2026; additional funding may be required.
PCOB Replacement Windows ($525,000) – Still in engineering phase. Plan to issue
bid documents by end of April 2026.
Comprehensive Facility Study ($150,000) – Not started yet. Anticipated action by
Summer of 2026.
342
LEC HVAC System Upgrade ($67,400) – In progress; completion expected June 2026
LEC Retrofit/upgrade plumbing ($248,100) – This project is in progress. Anticipated
completion of this phase by June 2026.
EMS Station North ($85,000) – Memorandum of Agreement (MOA) has been drafted
with Triple Springs VFD for building use. Concept plans developed; no expenditures to
date.
Emergency Services Radio Upgrade ($180,000) – About 75% of the communication
radios have been upgraded. This project also involves the installation of radio-activated
alerting systems at EMS Stations 1 and 2. This portion of the project is still in the
specification and bidding phase. Anticipated completion date is unknown.
Emergency Services Building Upgrades ($54,400) – This project is in the planning
stages with no anticipated date of completion.
ESI Rapid Response Units ($402,010) – Order placed for ESI Rapid Response Units;
delivery is pending. Project completion will occur upon receipt.
Emergency Services Building Bathroom ($83,000) – This project is in the planning
stages with no anticipated date of completion.
Convert Picnic Shelters to Cabins ($70,000) – Project is pending completion following
final electrical inspections scheduled this week, with anticipated completion in April 2026.
Railroad Trails Project ($480,000) - Purchase is pending coordination with NCDOT
and partners Anticipated completion by end of summer 2026.
Kirby Rebirth Project-Rooftop Event Space ($48,396) – Requested the selected
contractor to evaluate engineering options to address project challenges and support a
feasible path forward.
Kirby ADA Accessible Restrooms ($220,000)- In negotiation with the selected RFP
contractor; bids exceeded budget, and scope adjustments are in progress to align with
available funding.
Kirby ADA Accessible Elevator ($350,000) - In negotiation with the selected RFP
contractor; bids exceeded budget, and scope adjustments are in progress to align with
available funding.
Kirby ADA Repairs/Updates ($160,000) - Project is 80% complete with anticipated
finish by the end of April 2026.
Mayo Park-Additional RV Sites ($55,890) – Awaiting final electrical inspection. Project
anticipated to be complete in April 2026.
ADA Accessible Playground Updates ($130,000) – Project is 90% complete and
anticipated to be complete before Summer 2026.
Pickleball Courts ($90,000) - Quotes are being solicited. Start date is unknown.
343
Piedmont Community College:
BDEC Entry ($60,000) – In progress; completion expected May 2026.
Exterior Improvements ($150,000) – Completion expected May 2026
.
IT Systems ($342,750) – 25% complete; completion expected April 2026.
HVAC Pipe Insulation ($267,750) – Not started; completion expected September
2026.
Door Lock Security Upgrade ($200,000) – Completion expected May 2026.
Chiller Room Upgrades ($900,000) – In bid phase; completion expected July 2026.
HVAC Roof Waterline Repairs ($90,000) – Not started; completion expected
September 2026.
Public Schools:
2023 LOBs-Local Contingency ($1,379,024) – Ongoing support for PHS
Improvements Project; funded with bond proceeds. Final local funding needs remain
undetermined.
Asbestos and Lead Abatement ($100,000) – Project to address lead in water,
asbestos and lead-based paint inspections. The project is 85% complete.
SMS-Rooftop HVAC Units ( $100,000)- Project is in the final stages of completion.
All Schools-Replace Water Fountains ($97,000) – Water fountain replacement project
at all schools is in progress and nearing completion. Work started in Spring 2025 and is
anticipated to finish in Summer 2025
NMS, Woodland & PHS- Intercoms ($60,000) - Project is in the final stages of
completion.
Schools-Abate and Replace Flooring ($200,000) - Project to be completed during
Summer 2026 when students are out of school.
344
Person County
Capital Improvement Plan
FY 2027-2031
Recommended Projects
YEAR DEPT PROJECT TITLE
TOTAL
COST PROJECT DESCRIPTION AND JUSTIFICATION
2027 General Services Plumbing Upgrade at LEC 444,950
Replacing the piping/controls will significantly reduce the repair
costs and downtime/complaints associated with those failures.
2027 Sheriff Motorola in Car Camera Upgrade 148,104
In-car camera systems are essential for modern law enforcement,
improving safety, transparency, evidence collection, and efficiency.
2027 Sheriff Detention Body Scanner 204,000
Implementing a body scanner is a critical safety and security
enhancement for detention operations and a widely recognized best
practice in modern correctional facilities.
2027
Emergency
Services EMG Services Ballistic Protection 62,000
Emergency services personnel routinely respond to situations where
their safety may be compromised by on-scene violence. Without
ballistic protection, patient care is delayed until law enforcement
arrives, secures the scene, and declares it safe.
2027
Recreation, Arts &
Parks ADA Accessible Playground Updates 65,000 continuation from FY26 CIP project
2027
Recreation, Arts &
Parks Athletic Field Light/Pole Upgrades 59,800 continuation from FY26 CIP project
2027
Recreation, Arts &
Parks Public Splash Pad 275,000
Person County has no public aquatic facilities. A splash pad,
identified as a priority for over 20 years will provide safe, accessible,
and equitable recreation for all ages. Recommend funding through
available ARPA and donated funds.
2027 PCC IT Systems 186,125 continuation from FY26 CIP project
2027 PCC HVAC Water Pipe Insulation 267,750 continuation from FY26 CIP project
2027 PCC Door Locking Security Upgrade 150,000 continuation from FY26 CIP project
2027 PCC Elevator Modernization in Library Commons 153,000
The 20+ year-old Library Commons elevator has had frequent
mechanical issues and extended outages over the past four years.
Parts are difficult to obtain, and the elevator is essential for ADA
accessibility on campus.
2027 Public Schools
Debt Financing - Various Improvements to
Schools 10,215,000
Debt-financed project for school improvements under the second
tranche approved in March 2023. Estimated costs include $8.35M
construction/renovation, $868K engineering and planning, $300K
issuance, and $697K contingency.
2027 Public Schools Contingency Funds - Local 535,976
Contingency funds from local County funding to use, as needed, for
the School Improvements Project (2023 LOBs).
2027 Public Schools
Helena & Stories Creek Elementary Schools
- Water Source Heat Pumps 412,000 continuation from FY26 CIP project
2027 Public Schools Replace Jace & Controllers (all schools)200,000
Start a rotation at each site to replace control wiring, controllers, and
add bacnet to all HVAC Units. Units controllers are out of date.
Parts are obsolete and controllers can't be programmed.
2027 Public Schools PHS HVAC Installation 70,000
To install and put online 12 units that were purchased with ESSER
Funds.
2027 Public Schools SMS Band HVAC Unit 150,000
The current unit is 30+ years old and parts obsolete. The unit is not
repairable.
2028 General Services New Roof- PC Senior Center 674,889 As recommended in the Roofing Study.
2028 General Services New Roof- Mayo Parks Buildings 169,379 As recommended in the Roofing Study.
2028 General Services
New Roof - Emergency Communication
(911)145,293 As recommended in the Roofing Study.
2028
Emergency
Services ESI Rapid Response Units (RRU)120,000 Continuation of FY26 CIP
2028
Emergency
Services Life Safety Education Simulator 195,925
Life Safety Education Simulator trainer that is housed in a 27'
aluminum "V" nose trailer. This simulator allows participants of all
ages to be presented an immersive learning experience offering
opportunities for critical thinking, physical activity, hazard
recognition and safe practices.
2028
Recreation, Arts &
Parks ADA Accessible Playground Updates 65,000 Continuation of FY26 CIP
2028
Recreation, Arts &
Parks Athletic Field Light/Pole Upgrades 49,500 Continuation of FY26 CIP
2028
Recreation, Arts &
Parks
Acquisition of property adjacent to
Centennial Park 325,000
Acquisition of property adjacent to Centennial Park, Flat River,
railroad corridor, and 501 Highway north would create a trailhead
access with immense economic development impact opportunities
for Person County.
2028
Recreation, Arts &
Parks Multi-purpose Sport Fields 100,000
Multi-purpose Sport Field Located at the Rock Athletic Complex:
increasing participation and revenue while increasing the
convenience for families of Person County.
345
Person County
Capital Improvement Plan
FY 2027-2031
Recommended Projects
YEAR DEPT PROJECT TITLE
TOTAL
COST PROJECT DESCRIPTION AND JUSTIFICATION
2028
Recreation, Arts &
Parks Gym Painting & Renovations 60,000
This project will consist of cosmetic updates and repairs to the
following gyms: Helena, Olive Hill, and Huck Sansbury. These
cosmetic updates include painting of the walls and rafters in all
three gym locations.
2028 PCC IT Systems 186,125 Continuation of FY26 CIP
2028 PCC Door Locking Security Upgrade 150,000 Continuation of FY26 CIP
2028 PCC
Building A-Parking ADA Ramp and
Handicap 300,000
Building-A circle is the primary parking area designated for visitors
and guests of the college. This expansion will allow for ADA
compliant handicap spaces and ADA compliant access to Building-
A that currently does not exist.
2028 PCC
Mechanical, Electrical, Plumbing (MEP)
Replacement 245,000
Replace hot water heaters, penthouse air handlers, and secondary
HVAC units that have been identified and prioritized in PCC's
Facility Master Plan. Identified equipment is beyond useful life.
Chance of emergency repairs high and new units will be more
efficient.
2028 Public Schools Replace Windows- South Elem 854,438
Original windows in the building are single-paned and have been
repaired numerous times due to damage and age. The windows
are no longer able to be repaired due to hardware and need
removal.
2028 Public Schools PHS-Replace Windows 300,000
Person High School’s 1960s-era windows are single-pane,
inefficient, and a safety risk. Replacement will improve security and
reduce energy costs.
2028 Public Schools New Roof-Leaning Academy 304,306 As recommended in the Roofing Study.
2028 Public Schools Replace Jace & Controllers (all schools)200,000 Continuation from FY27 CIP project
2028 Public Schools Replace Exterior Doors-All Schools 250,000
Replace all old exterior doors with new FRP style doors and
hardware. Exterior doors are old and are becoming hard to maintain.
This creates the possibility for doors to become unsecure
throughout the school day.
2028 Public Schools SMS Band HVAC Unit 150,000 Continuation from FY27 CIP project
2028 Public Schools Replace Electronic Door Locks - All Schools 150,000
Electronic door lock system is 15 years old and needs to be
replaced and upgraded to increase speed of service. The new
system would allow for instant data update and changes to be made
without physically visiting each site.
2028 Public Schools Elementary Playground Replacement(all)150,000
Start a rotation to replace playgrounds. Parts are becoming
obsolete and older playground equipment can pose a hazard if not
able to repair.
2028 Public Schools PHS Replace Olds HVAC Units 400,000
Continue to replace units not included in the ESSER Projects. The
units are 30+ years old. Project will be done in house. Request for
parts and materials only.
2028 Public Schools PHS Air handler Units 750,000
Install remaining air handler units that were not included in the
ESSER Projects. Current units are 30+ years old.
2028 Public Schools Upgrade Fire Alarm System @ Helena 200,000 Original system needs an upgrade.
2028 Public Schools
Remove & Replace Insulation Gym @
Southern Middle School 485,000
Insulation is deteriorating rapidly and is no longer viable. Current
insulation is falling and is a safety hazard for staff and students.
2028 Public Schools Earl Bradsher Parking Lot 85,000 Pavement is in disrepair and needs to be repaved.
2028 Public Schools PHS Aux. Gym-Replace Bleachers 110,000
Need to replace bleachers due to the age (over 30 years old) and
operation of bleachers . Bleachers are wood and have inoperable
mechanical issues. They do not meet ADA standards.
2029 General Services New Roof- PC Senior Center 124,046 As recommended in the Roofing Study.
2029 General Services New Roof-Law Enforcement Center 1,190,687 As recommended in the Roofing Study.
2029 General Services New Roof - Museum Complex 303,143 As recommended in the Roofing Study.
2029 General Services New Roof - Mayo Park Enviro Center 176,455 As recommended in the Roofing Study.
2029 General Services New Roof - Courthouse 167,092 As recommended in the Roofing Study.
2029
Emergency
Services ESI Rapid Response Units (RRU)120,000 Continuation of FY26 CIP
2029
Recreation, Arts &
Parks ADA Accessible Playground Updates 65,000 Continuation of FY26 CIP
2029
Recreation, Arts &
Parks Athletic Field Light/Pole Upgrades 100,000 Continuation of FY26 CIP
2029
Recreation, Arts &
Parks Tennis Court Replacement- Huck Sansbury 240,000
Huck Sansbury’s tennis courts have been deemed unsafe and
unrepairable. Repeated resurfacing has resulted in recurring cracks
and liability concerns. Contractors advise against further patching
and recommend a geotechnical evaluation. 346
Person County
Capital Improvement Plan
FY 2027-2031
Recommended Projects
YEAR DEPT PROJECT TITLE
TOTAL
COST PROJECT DESCRIPTION AND JUSTIFICATION
2029
Recreation, Arts &
Parks HVAC Installation-Helena Gym 176,000
There is a need for climate-controlled rental and program space
within the community. This project will provide for that community
space need by making these facilities climate-controlled and usable
year-round.
2029
Recreation, Arts &
Parks HVAC Installation-Olive Hill Gym 176,000
There is a need for climate-controlled rental and program space
within the community. This project will provide the community space
needed by making these facilities climate-controlled and usable
year-round.
2029
Recreation, Arts &
Parks Bike Lane & Walking Track Asphalt Repair 115,000
There is no safe place for kids to ride their bike, skate, skateboards,
or use a wheelchair in Person County
2029
Recreation, Arts &
Parks Gym Painting & Renovations 50,000 Continuation of FY28 CIP
2029 PCC Parking Lot-Repair, Seal and Stripe 75,000
Project consists of repairing damaged areas of asphalt, tarring of
cracks, sealing asphalt, and restriping. This work will prevent
further damage and the need for repaving. PCC anticipates
repaving in ten years with proper maintenance.
2029 PCC
Mechanical, Electrical, Plumbing (MEP)
Replacement 240,000 Continuation of FY28 CIP
2029 Public Schools
Debt Financing - Various Improvements to
Schools 12,295,000
Debt-financed project to provide funds for improvements at various
schools in this second tranche of funding approved by the Board of
Commissioners in March 2023. This estimate includes $10.15M
construction/renovation, $1.055M engineering and planning, $300K
issuance costs and $789K contingency funds.
2029 Public Schools Contingency Funds - Local 842,353
Setting aside contingency funds from local County funding to use as
needed for the School Improvements Project.
2029 Public Schools New Roof - Person High School 205,315 As recommended in the Roofing Study.
2029 Public Schools New Roof - School Bus Garage 226,478 As recommended in the Roofing Study.
2029 Public Schools Replace Jace & Controllers (all schools)200,000 Continuation from FY27 CIP project
2029 Public Schools Elementary Playground Replacement(all)150,000 Continuation of FY28 CIP project
2029 Public Schools Replace Carpet -NMS 120,000
Remove carpet at Northern Middle School. Carpet is 15 years old,
worn, stained and needs to be replaced. Ends and edges are
become frayed and a potential tripping hazard.
2029 Public Schools Replace Gym Windows-SMS 200,000
Replace exterior windows in Southern Middle School Gym. Original
windows in the building are single-paned and have been repaired
numerous times due to damage and age. The windows are no
longer able to be repaired due to hardware and need removal.
2030 General Services New Roof-Public Library Façade 123,070 As recommended in the Roofing Study.
2030 General Services New Roof - Public Library 654,172 As recommended in the Roofing Study.
2030 General Services New Roof - Airport Pumphouse 39,710 As recommended in the Roofing Study.
2030
Emergency
Services ESI Rapid Response Units (RRU)92,000 Continuation of FY26 CIP
2030
Recreation, Arts &
Parks ADA Accessible Playground Updates 65,000 Continuation of FY26 CIP
2030
Recreation, Arts &
Parks Gym Renovations & Painting 50,000 Continuation of FY28 CIP
2030 PCC Parking Lot-Repair, Seal and Stripe 75,000 Continuation of FY29 CIP
2030 PCC
Mechanical, Electrical, Plumbing (MEP)
Replacement 190,000 Continuation of FY28 CIP
2030 PCC One-Stop Shop 450,000
Create a campus Welcome Center and one-stop shop that will
house student support staff. This will include advising, registration,
business office, and financial aid. This project includes moving the
business office which is currently located in Building-A.
2030 Public Schools Contingency Funds - Local 172,647
Setting aside contingency funds from local County funding to use as
needed for the School Improvements Project.
2030 Public Schools New Roof- Woodland Elementary 1,217,295 As recommended in the Roofing Study.
2030 Public Schools New Roof- Northern Middle School 457,023 As recommended in the Roofing Study.
2030 Public Schools Remove & Replace Floor Tiles 140,000
Tile has become worn and loose in some areas in the hallways and
cafeteria. This creates a possible tripping hazard for staff and
students. In addition, the age of the tile makes it difficult to clean
and maintain. Cost has increased.
2030 Public Schools Repaint Interior SMS 200,000
Paint is chipping, stained and wear on the walls, has caused
damage that requires paint to be refreshed.347
Person County
Capital Improvement Plan
FY 2027-2031
Recommended Projects
YEAR DEPT PROJECT TITLE
TOTAL
COST PROJECT DESCRIPTION AND JUSTIFICATION
2030 Public Schools Elementary Playground Replacement(all)150,000 Continuation of FY28 CIP
2030 Public Schools SMS Replace Carpet 120,000
Carpet in the hallways and entryway is 15 years old, worn, stained
and needs to be replaced. Ends and edges have become frayed
and a potential tripping hazard. Replace current carpet with VCT
Tile.
2030 Public Schools Repaint Interior-NMS 200,000
Repaint interior rooms and hallways at Northern Middle School.
Paint is chipping, stained and wear on the walls, has caused
damage that requires paint to be refreshed.
2031
Recreation, Arts &
Parks ADA Accessible Playground Updates 65,000 Continuation of FY26 CIP
2031 PCC
Mechanical, Electrical, Plumbing (MEP)
Replacement 205,000 Continuation of FY28 CIP
2031 PCS New Roof- Stories Creek Elemen.1,807,417 As recommended in the Roofing Study.
2031 PCS Replace Intercom System NMS 100,000
Continued project to update obsolete intercom systems. Cost has
increased.
348
Person County
Capital Improvement Plan
FY 2027-2031
Projects Not Recommended
DEPT PROJECT TITLE TOTAL COST PROJECT DESCRIPTION
PCC South Campus 10,000,000
PCC has state funding available for renovations and
equipment. Additional revenue sources and projected
needs/costs will be evaluated for funding in future years.
PCC Main Campus-Backfill 7,000,000
The facilities vacated on the main campus due to the CHATT
project which includes: Advanced Manufacturing, Healthcare
and Workforce Education programs.
Emergency Services
New Emergency Services
Building 94,642,000
Funding is requested for architectural design, programming,
and grant support services to prepare for land acquisition and
construction of a consolidated Emergency Services facility.
The new building will co-locate Emergency Management,
Emergency Operations, EMS Administration, Community Risk
Reduction, and 911 Communications to meet current and
future operational needs.
349
Person County
Capital Improvement Plan (CIP)
2027-31
Recommended - Funding Schedule
Revenues:
General Fund Contribution 2,152,890 2,777,705 7,174,855 5,262,569 4,395,917 2,177,417 23,941,353
General Fund Contribution (ARPA
Funds)506,910 204,000 - - - - 710,910
CIP Fund Balance 217,688 - - - - - 217,688
EMS Ballistic Grant Funding 62,000 62,000 - - - - 124,000
SRT BWC Micro Grant (Body Cameras)30,000 - - - - - 30,000
Community Development Projects Fund
Balance 90,000 65,000 - - - - 155,000
PARTF Grant (Public Splash Pad)- 137,500 - - - - 137,500
Donations (Public Splash Pad)- 137,500 - - - - 137,500
State grant funds (PCRC Mattress/Tire
Shredder)500,000 - - - - - 500,000
Debt Issuance (LOB's School
Improvements)- 10,215,000 - 12,295,000 - - 22,510,000
Total Sources of Revenue:3,559,488 13,598,705 7,174,855 17,557,569 4,395,917 2,177,417 48,463,951
Project Costs for County:
Current
Year
2025-26
Budget
Year
2026-27
Planning
Year
2027-28
Planning
Year
2028-29
Planning
Year
2029-30
Planning
Year
2030-31
TOTAL
PROJECT
COSTS
General Services:
Comprehensive Facilities Study 150,000 - - - - - 150,000
Replace HVAC System - Public Library 105,000 - - - - - 105,000
Upgrade HVAC System - LEC 60,000 - - - - - 60,000
Retrofit/upgrade plumbing - LEC 275,000 - - - - - 275,000
Plumbing upgrades - LEC - 444,950 - - - - 444,950
New Roof - Person County Senior Center - - 674,889 124,046 - - 798,935
New Roof - Mayo Park Buildings - - 169,379 - - - 169,379
New Roof - Emg Comm (911)- - 145,293 - - - 145,293
New Roof - Law Enforcement Center - - - 1,190,687 - - 1,190,687
New Roof - Museum Complex - - - 303,143 - - 303,143
New Roof - Mayo Park Enviro Center - - - 176,455 - - 176,455
New Roof - Courthouse - - - 167,092 - - 167,092
New Roof - Public Library - - - - 654,172 - 654,172
New Roof - Public Library Façade - - - - 123,070 - 123,070
New Roof - Airport Pumphouse - - - - 39,710 - 39,710
Sheriff:
Motorola in Car Camera Upgrade - 148,104 - - - - 148,104
Detention Center Body Scanner - 204,000 - - - - 204,000
Emergency Services:
ESI Rapid Response Units (RRU)160,804 - 120,000 120,000 92,000 - 492,804
Emg Services Ballistic Protection 62,000 62,000 - - - - 124,000
Emg Services Building Bathroom
Renovations 83,000 - - - - - 83,000
Life Safety Education Simulator - - 195,925 - - - 195,925
Recreation, Arts & Parks:
Pickleball Courts 90,000 - - - - - 90,000
ADA Accessible Playground Updates 65,000 65,000 65,000 65,000 65,000 65,000 390,000
Athletic Field Light/Pole Upgrades 63,250 59,800 49,500 100,000 - - 272,550
Public Splash Pad - 275,000 - - - - 275,000
Acquisition of property adjacent to
Centennial Park - - 325,000 - - - 325,000
Multi-purpose Sport Fields - - 100,000 - - - 100,000
Gyms-Renovations & Painting - - 60,000 50,000 50,000 - 160,000
Planning
Year
2030-31
TOTAL
REVENUE
SOURCES
Budget
Year
2026-27Sources of Revenue:
Planning
Year
2029-30
Current
Year
2025-26
Planning
Year
2028-29
Planning
Year
2027-28
350
Person County
Capital Improvement Plan (CIP)
2027-31
Recommended - Funding Schedule
Tennis Court Replacement - Huck
Sansbury - - - 240,000 - - 240,000
HVAC Installation-Helena Gym - - - 176,000 - - 176,000
HVAC Installation-Olive Hill Gym - - - 176,000 - - 176,000
Bike Lane & Walking Track Asphalt
Repair - - - 115,000 - - 115,000
Person Industries/PCRC
Shredder for MRF 1,060,910 - - - - - 1,060,910
Total County Projects:2,174,964 1,258,854 1,904,986 3,003,423 1,023,952 65,000 9,431,179
Project Costs for PCC:
Current
Year
2025-26
Budget
Year
2026-27
Planning
Year
2027-28
Planning
Year
2028-29
Planning
Year
2029-30
Planning
Year
2030-31
TOTAL
PROJECT
COSTS
Piedmont Community College (PCC):
IT Systems 267,750 186,125 186,125 - - - 640,000
HVAC Water Pipe Insulation 267,750 267,750 - - - - 535,500
Door Locking Security Upgrade 200,000 150,000 150,000 - - - 500,000
Elevator Modernization in Library
Commons - 153,000 - - - - 153,000
Building-A Parking ADA Ramp and
Handicap - - 300,000 - - - 300,000
Mechanical, Electrical, Plumbing (MEP)
Replacement - - 245,000 240,000 190,000 205,000 880,000
Parking Lot-Repair, Seal and Stripe - - - 75,000 75,000 - 150,000
One-Stop Shop - - - - 450,000 - 450,000
Total PCC Projects:735,500 756,875 881,125 315,000 715,000 205,000 3,608,500
Project Costs for Public
Schools:
Current
Year
2025-26
Budget
Year
2026-27
Planning
Year
2027-28
Planning
Year
2028-29
Planning
Year
2029-30
Planning
Year
2030-31
TOTAL
PROJECT
COSTS
Public Schools:
Debt Financing - Various Improvements
to Schools
Construction/Renovation - 8,350,000 - 10,150,000 - - 18,500,000
A&E Fees - 868,400 - 1,055,600 - - 1,924,000
Issuance Costs - 300,000 - 300,000 - - 600,000
Contingency Funds-Financed - 696,600 - 789,400 - - 1,486,000
Contingency Funds-Local 299,024 535,976 - 842,353 172,647 - 1,850,000
South Elem-Replace Windows - - 854,438 - - - 854,438
PHS-Replace Windows - - 300,000 - - - 300,000
New Roof - Learning Academy - - 304,306 - - - 304,306
New Roof - School Bus Garage - - - 226,478 - - 226,478
New Roof - Person High School - - - 205,315 - - 205,315
New Roof - Woodland Elementary - - - - 1,217,295 - 1,217,295
New Roof - Northern Middle School - - - - 457,023 - 457,023
New Roof - Stories Creek Elemen.- - - - - 1,807,417 1,807,417
Helena & Stories Creek Elem-Water
Source Heat Pumps 150,000 412,000 - - - - 562,000
Replace Jace and Controllers (all
schools-on rotation)- 200,000 200,000 200,000 - - 600,000
SMS Band HVAC Unit - 150,000 150,000 - - - 300,000
PHS HVAC Installation - 70,000 - - - - 70,000
PHS Airhandler Units - - 750,000 - - - 750,000
SMS Gym-Remove and Replace
Insulation - - 485,000 - - - 485,000
PHS Replace Old HVAC Units - - 400,000 - - - 400,000
South Elem-Replace Exterior Doors - - 250,000 - - - 250,000
Helena-Upgrade Fire Alarm System - - 200,000 - - - 200,000 351
Person County
Capital Improvement Plan (CIP)
2027-31
Recommended - Funding Schedule
Elementary Playground Replacements
(ALL)- - 150,000 150,000 150,000 - 450,000
PHS/CCA-Install Electronic Door Locks - - 150,000 - - - 150,000
Replace Bleachers PHS Aux Gym - - 110,000 - - - 110,000
Earl Bradsher Parking Lot Paving - - 85,000 - - - 85,000
Replace Windows in Gym at Southern
Middle School - - - 200,000 - - 200,000
NMS Replace Carpet - - - 120,000 - - 120,000
SMS-Repaint Interior - - - - 200,000 - 200,000
NMS-Repaint Interior - - - - 200,000 - 200,000
Stories Creek-Remove and Replace
Floor Tiles - - - - 140,000 - 140,000
SMS-Replace Carpet - - - - 120,000 - 120,000
NMS-Replace Intercom Systems - - - - - 100,000 100,000
PHS-Abate and Replace Floor Tiles 200,000 - - - - - 200,000
Total Public Schools Projects:649,024 11,582,976 4,388,744 14,239,146 2,656,965 1,907,417 35,424,272
Total Project Costs:3,559,488 13,598,705 7,174,855 17,557,569 4,395,917 2,177,417 48,463,951
Sources of Revenue for
Operating Impact Costs:
Current
Year
2025-26
Budget
Year
2026-27
Planning
Year
2027-28
Planning
Year
2028-29
Planning
Year
2029-30
Planning
Year
2030-31
TOTAL
REVENUE
SOURCES
General Fund Revenues - 274,000 1,038,000 1,312,000 2,201,000 2,139,500 6,964,500
Tire Disposal Fee (from neighboring
counties) 26,400 - - - - - 26,400
Mattress Fees 8,000 - - - - - 8,000
Total Sources of Revenue for Operating
Impact Costs:34,400 274,000 1,038,000 1,312,000 2,201,000 2,139,500 6,998,900
Operating Impact Costs:
Current
Year
2025-26
Budget
Year
2026-27
Planning
Year
2027-28
Planning
Year
2028-29
Planning
Year
2029-30
Planning
Year
2030-31
TOTAL
PROJECT
COSTS
Recreation, Arts & Parks
Public Splash PadMaintenance costs and
Chemicals - 10,000 10,000 10,000 10,000 10,000 50,000
Staffing (but not required)- 15,000 15,000 15,000 15,000 15,000 75,000
Person Industries/PCRC
Shredder for MRF (Fee Revenue)(34,400) - - - - - (34,400)
Debt Service
Debt payments-FY27 LOB's
issuance - 249,000 1,013,000 987,250 961,500 930,750 4,141,500
Debt payments-FY29 LOB's
issuance - - - 299,750 1,214,500 1,183,750 2,698,000
Total Operating Impact Costs:(34,400) 274,000 1,038,000 1,312,000 2,201,000 2,139,500 6,930,100
Note 3: Pink highlighted estimates include the revenues and expenditures associated with grant and donations
(ARPA).
Note 2: Orange highlighted estimates include the revenues and expenditures associated with available funding from the American Recovery Plan Act
Note 1: Yellow highlighted estimates include the revenues and expenditures associated with proposed debt issuances.
352
Person County Capital Improvement Plan
Recommended - Revenue Sources
FY 2027 - 2031
Total % Revenue Sources
Description Current Year 2027 2028 2029 2030 2031 Totals % of Total
General Fund Contribution 2,659,800 2,981,705 7,174,855 5,262,569 4,395,917 2,177,417 24,652,263 50.9%
Debt Proceeds - 10,215,000 - 12,295,000 - - 22,510,000 46.4%
Grant Funding 592,000 199,500 - - - - 791,500 1.6%
CIP Fund Balance 217,688 - - - - - 217,688 0.4%
Community Development
Projects Fund Balance 90,000 65,000 - - - - 155,000 0.3%
Donations (Public Splash
Pad) - 137,500 - - - - 137,500 0.3%
Totals 3,559,488 13,598,705 7,174,855 17,557,569 4,395,917 2,177,417 48,463,951 100.0%
50.9%
46.4%
1.6%
0.4%
0.3%
0.3%
0%10%20%30%40%50%60%
General Fund Contribution
Debt Proceeds
Grant Funding
CIP Fund Balance
Community Development Projects Fund Balance
Donations (Public Splash Pad)
353
Person County Capital Improvement Plan
Recommended - by Function
FY 2027 - 2031
Total % CIP Projects by Function
Description Current Year 2027 2028 2029 2030 2031 Totals % of Total
General Government 590,000 444,950 989,561 1,961,423 816,952 - 4,802,886 9.9%
Public Safety 305,804 414,104 315,925 120,000 92,000 - 1,247,833 2.6%
Culture & Recreation 218,250 399,800 599,500 922,000 115,000 65,000 2,319,550 4.8%
Person Industries/PCRC 1,060,910 - - - - - 1,060,910 2.2%
Education - PCC 735,500 756,875 881,125 315,000 715,000 205,000 3,608,500 7.4%
Education - Schools 649,024 11,582,976 4,388,744 14,239,146 2,656,965 1,907,417 35,424,272 73.1%
Totals 3,559,488 13,598,705 7,174,855 17,557,569 4,395,917 2,177,417 48,463,951 100.0%
Gen Gov't
9.9%Public Safety 2.6%
Culture & Recreation
4.8%
PI/PCRC 2.2%
Education -PCC 7.4%
Education -
Schools 73.1%
354
Person County Capital Improvement Plan
Recommended - by Type
FY 2027 - 2031
Total % CIP Projects by Type
Description Current Year 2027 2028 2029 2030 2031 Totals % of Total
Construction/Renovation - 8,625,000 - 10,150,000 - - 18,775,000 38.7%
Other B&G Improvements 1,559,000 1,972,500 4,929,863 1,491,000 1,310,000 165,000 11,427,363 23.6%
Roofing Replacements - - 1,293,867 2,393,216 2,491,270 1,807,417 7,985,770 16.5%
Planning & Consulting 449,024 2,400,976 - 2,987,353 172,647 - 6,010,000 12.4%
Equipment/Software
Upgrades 1,551,464 600,229 306,125 120,000 92,000 - 2,669,818 5.5%
Paving Projects - - 545,000 416,000 330,000 205,000 1,496,000 3.1%
Property Acquisitions - - 100,000 - - - 100,000 0.2%
Totals 3,559,488 13,598,705 7,174,855 17,557,569 4,395,917 2,177,417 48,463,951 100.0%
#REF!
38.7%
23.6%
16.5%
12.4%
5.5%
3.1%
0.2%
0.0%5.0%10.0%15.0%20.0%25.0%30.0%35.0%40.0%45.0%
Construction/Renovation
Other B&G Improvements
Roofing Replacements
Planning & Consulting
Equipment/Software Upgrades
Paving Projects
Property Acquisitions
355
Person County's Debt Service
Current Outstanding Debt
Project
Description
Term
Interest
Rate %
Outstanding
Balance
Last Pyt
Fiscal
Year
2012 SMS &
portion of PHS
Re-roofing
(QSCB)
Re-roofing construction for Southern Middle School and a portion of Person High School; financed through a Qualified School Construction Bond (QSCB).
15 years 3.93% 325,565 2028
2015 PCRC &
Various Re-
roofing Projects
Purchase, renovation and re-roofing of the existing Person County Recycling Facility, and re-roofing construction for the Kirby Civic Auditorium and Earl Bradsher Preschool.
15 years 2.80% 314,700 2029
2017 Person
County Senior
Center Project
Acquisition and improvements of existing facility (formerly “Total Fitness Center”) to be location of Person County Senior Center. 15 years 5.555% 996,858 2032
2018 Towers &
Other Building
Improvements
Construction of public safety communication towers; Huck Sansbury HVAC and improvements to various school buildings.
15 years 3.51% 1,879,888 2033
2023 PHS ADA
Improvements
(LOBs-Tier 1)
Construction and renovations to Person High School to include ADA and security improvements, and removal of parking areas.
20 years 5% 15,860,625 2044
2024 LOBs
Property
Acquisitions,
PI/MRF Merger,
South
Elementary
School Re-
Roofing
Acquisition of Human Services Building, Carolina Pride Building (PCC CHATT), renovation and upfits to the Recycling Center in preparation of merging facilities with Person Industries, and re-roofing construction of South Elementary School.
20 years 5% 26,160,100 2045
TOTAL DEBT
SERVICE
OUTSTANDING $45,537,735
356
Current Debt Analysis
There are two standard ratios that measure debt service levels and the capacity for taking on
additional debt. These ratios and their meaning for Person County are described as follows:
Debt to Assets Ratio: This ratio measures the County's leverage by showing the extent to
which total assets are financed with long-term debt. It is calculated as long-term debt divided by
total assets. A lower ratio generally indicates more conservative use of debt and stronger
financial flexibility, while a higher ratio may reflect greater reliance on borrowed funds.
As of the end of FY 2024, Person County's debt to assets ratio (previously 6%) increased to
12%. This compares very favorably to the peer group average of 18% (median 16%) among the
22 counties in our population group (25,000–49,999). Person County tied for the 4th highest debt
to asset ratio in this group due to the 2023 LOBs issuance for PHS ADA improvements. This
strong relative position reflects prudent and conservative management of leverage.
The ratio has trended downward over the past several years due to regular debt paydown—from
11% in FY 2020, 9% in FY 2021, 8% in FY 2022, and 6% in FY 2023—demonstrating a
strategic approach to debt management. The significant increase expected in FY 2025 to
approximately 24% results primarily from the new debt issuance for approximately $21 million in
August 2024 for property acquisitions, Recycling Center construction/renovation (to support
merging Person Industries), and elementary school re-roofing. These capital investments will
bring the ratio closer to the peer group average while addressing critical infrastructure needs.
A stable or gradually changing ratio is viewed positively by credit agencies, as it signals
disciplined and strategic asset and debt management.
Person County's
FY Debt to Assets Ratio
2020 11%
2021 9%
2022 8%
2023 6%
2024 12%
357
Debt Service Ratio: Measures the portion of expenditures committed to annual debt service and
indicates service flexibility. It is calculated as annual debt service divided by total expenses plus
debt principal. General accounting guidance discourages ratios above the 15% maximum
benchmark, as higher levels can limit service flexibility. At FY 2024, Person County's debt
service ratio was 5%, matching the peer group average and median of 5% among 22 counties in
the 25,000-49,999-population group. Person County ties for the 3rd lowest ratio in the group
despite ranking 2nd highest in total expenditure and 11th highest in annual debt service. The
ratio has remained low and stable due to consistent debt paydown. The new debt issuances for
approximately $21 million for property acquisitions, Recycling Center upgrades (to support
merging Person Industries), and elementary school re-roofing—will increase the ratio in FY
2025, bringing it closer to the peer average while staying well below the 15% benchmark and
maintaining solid service flexibility.
Debt Service
FY 2024 Ratio
Person County 5%
Population Group 5%
Maximum Benchmark 15%
Proposed Debt Service
The County’s 5-year CIP plan
includes two additional debt issuances in FY 2027 and FY 2029. These represent the remaining
two tiers of a three-tier Limited Obligation Bond (LOB) financing package approved by the Board
of Commissioners on March 20, 2023. The first tier of $12.725 million was issued in November
2023 for ADA and safety improvements at Person High School. The remaining tiers will fund
similar improvements at various elementary and middle schools. A $0.0025 cent tax rate
increase adopted in FY 2024 will cover principal and interest payments on all three tiers. Person
County agreed to locally fund the $3 million appropriated in FY 2024 for Person High School
stadium improvements and Person County Schools has agreed to reduce the draw from the
remaining LOB tiers.
These planned issuances consist of:
• Tier 2 (FY 2027 / calendar year 2026): $10.215 million LOB for planning, construction,
and renovation improvements at Stories Creek Elementary, South Elementary, Oak Lane
Elementary, Helena Elementary, and Earl Bradsher Preschool.
• Tier 3 (FY 2029 / calendar year 2028): $12.295 million LOB for planning, construction,
and renovation improvements at Southern Middle School, Northern Middle School,
Woodland Elementary, North End Elementary, and North Elementary.
The addition of this new debt totals $22.51 million. Although significant, reserves accumulated in
prior years have limited the tax impact to the $0.0025 cent increase already adopted for FY
2024. The County will continue to monitor debt service reserves, analyze impacts on the
operating budget, and consider economic conditions and interest rates when evaluating future
debt recommendations.
358
Future Debt Service
Fiscal Year
Ending
June 30
2012
School Roofing
Projects for SMS
& PHS (QSCB)
2015
PCRC & Various
Roofing Projects
2017
Senior Center &
Various Roofing
Projects
2018
Towers & Other
Building
Improvements
Project
2023
PHS
Improvements
Project (LOBs)
2024 HS/CHATT
Acquisitions &
School Roof
Improvements
(LOBs)
Total Current
Debt Service
Year to Year
Change in
Current
Debt Service
2027 219,095 107,700 176,006 381,818 1,142,000 1,804,250 3,830,869 (257,583)
2028 106,470 104,900 172,060 370,411 1,111,500 1,756,750 3,622,091 (208,778)
2029 - 102,100 168,115 359,003 1,081,000 1,709,250 3,419,468 (202,623)
2030 - - 164,169 347,596 1,050,500 1,661,750 3,224,015 (195,453)
2031 - - 160,224 212,285 1,020,000 1,614,250 3,006,759 (217,256)
2032 - - 156,284 106,143 989,500 1,566,750 2,818,676 (188,083)
2033 - - - 102,633 959,000 1,519,250 2,580,883 (237,794)
2034 - - - - 928,500 1,471,750 2,400,250 (180,633)
2035 - - - - 898,000 1,424,250 2,322,250 (78,000)
2036 - - - - 867,500 1,371,875 2,239,375 (82,875)
2037 - - - - 837,000 1,324,625 2,161,625 (77,750)
2038 - - - - 801,625 1,277,375 2,079,000 (82,625)
2039 - - - - 771,375 1,230,125 2,001,500 (77,500)
2040 - - - - 741,125 1,182,875 1,924,000 (77,500)
2041 - - - - 710,875 1,135,625 1,846,500 (77,500)
2042 - - - - 680,625 1,088,375 1,769,000 (77,500)
2043 - - - - 650,375 1,045,850 1,696,225 (72,775)
2044 - - - - 620,125 1,008,050 1,628,175 (68,050)
2045 - - - - - 967,075 967,075 (661,100)
2046 - - - - - - - (967,075)
Totals 325,565$ 314,700$ 996,858$ 1,879,888$ 15,860,625$ 26,160,100$ 45,537,735$ (4,088,452)$
Fiscal Year
Ending
June 30
Total Current
Debt Service
FY27 Various
School
Improvements
(LOBs)
FY29 Various
School
Improvements
(LOBs)
Total Proposed
Debt Service
Adjusted
Year to Year
Change with
Proposed
Debt Service
2027 3,830,869 249,000 - 4,079,869 (8,583)
2028 3,622,091 1,013,000 - 4,635,091 555,222
2029 3,419,468 987,250 299,750 4,706,468 71,377
2030 3,224,015 961,500 1,214,500 5,400,015 693,547
2031 3,006,759 930,750 1,183,750 5,121,259 (278,756)
2032 2,818,676 905,250 1,153,000 4,876,926 (244,333)
2033 2,580,883 879,750 1,122,250 4,582,883 (294,044)
2034 2,400,250 854,250 1,091,500 4,346,000 (236,883)
2035 2,322,250 828,750 1,060,750 4,211,750 (134,250)
2036 2,239,375 803,250 1,030,000 4,072,625 (139,125)
2037 2,161,625 777,750 999,250 3,938,625 (134,000)
2038 2,079,000 752,250 968,500 3,799,750 (138,875)
2039 2,001,500 726,750 937,750 3,666,000 (133,750)
2040 1,924,000 701,250 907,000 3,532,250 (133,750)
2041 1,846,500 675,750 876,250 3,398,500 (133,750)
2042 1,769,000 650,250 845,500 3,264,750 (133,750)
2043 1,696,225 624,750 814,750 3,135,725 (129,025)
2044 1,628,175 599,250 784,000 3,011,425 (124,300)
2045 967,075 573,750 753,250 2,294,075 (717,350)
2046 - 548,250 722,500 1,270,750 (1,023,325)
2047 - 522,750 691,750 1,214,500 (56,250)
2048 - - 661,000 661,000 (553,500)
2049 - - 625,250 625,250 (35,750)
2050 - - - - (625,250)
Totals 45,537,735$ 15,565,500$ 18,742,250$ 79,845,485$ (4,088,452)$
Above chart displays
Person County's current
debt service schedule, which decreased from
$50M to $46M at FYE
2026 due to paydown of
debt.
The chart to the right includes anticipated debt for the second and third tiers of school improvements in FY27 and FY29. The total outstanding debt service increases by $34.3M over the next three years from the additional debt.
The graph below
represents the County's
outstanding debt service
over a 10-year period,
which includes the effect
of the new debt through
FY2029.
$12.6 $10.5 $8.7 $7.1
$24.0
$49.6
$65.2 $61.1 $57.0
$71.1
0.0
10.0
20.0
30.0
40.0
50.0
60.0
70.0
80.0
2020 2021 2022 2023 2024 2025 2026 2027*2028*2029*
(Millions)
Fiscal Year End * Estimate
Outstanding Debt Service
359
AGENDA ABSTRACT
Meeting Date:
April 20, 2026
Agenda Title:
Economic Development Organizational Structure
Summary of Information:
In August 2025, the Board of Commissioners began considering whether to maintain
Economic Development as a line department and re-establish expectations for the Economic
Development Commission (EDC) or to appropriate funding to the public authority (EDC) to
carry out its purposes and objectives, including to “hire and fix the compensation of any
personnel necessary to its operations”. The Board of Commissioners amended the EDC
Bylaws effective August 18, 2025, and January 5, 2026 (attached).
The Board last discussed the organizational structure with two EDC members during the
Annual Retreat in February. At the conclusion of that discussion, the Board emphasized the
need for cooperation, communication, and alignment among the Board, County Manager, and
EDC leadership.
The Economic Development Director position is vacant. To ensure alignment in expectations
moving forward, prior to recruiting for this position, the County Manager desires to receive
feedback from the Board on the following:
1.Will the economic development function remain a county department? If not, what
next steps would the board like to take to continue evaluating other options?
2.Will the EDC continue to “serve as the Appointing and Hiring Authority for positions
with the Economic Development Department,” as stated in EDC Bylaws ARTICLE
TWO, Section 8?
3.Will the following provision continue to apply: “Executive Director shall function
directly under the overall supervision of the Executive Board, excluding the Person
County Board of Commissioners’ Chairman Appointee. All orders and directives to the
Commission staff shall be from the Chairman to the Executive Director.” (ARTICLE
FIVE, Section 4), with the County Manager continuing to be responsible for
performance management to include conducting performance assessments and taking
disciplinary action, if necessary?
4.Who has the authority to appoint an Interim Economic Development Director?
360
Financial Impact:
None.
Recommended Action:
Provide direction to the County Manager regarding the structure for the economic
development function and for filling the vacant Economic Development Director position.
Submitted By:
Katherine M. Cathey, County Manager
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1
BY-LAWS
OF THE
PERSON COUNTY ECONOMIC DEVELOPMENT COMMISSION
ARTICLE ONE
Organization
The Person County Economic Development Commission, Person County, North Carolina shall conduct
its business in a precise and uniform manner. Proceedings of meetings shall be accurately recorded as
valuable records and as a means of avoiding misunderstandings.
Section 1. The authority for creation of this organization is Article 2, "Economic Development
Commission" of Chapter 158 of the North Carolina General Statutes.
Section 2. The name of the organization shall be the Person County Economic Development
Commission, hereinafter referred to as Commission.
Section 3. The County of Person, North Carolina, and its trade area shall constitute the Person
County Economic Development Area.
Section 4. The location of the principal office of the Commission shall be within the bounds of the
City of Roxboro, North Carolina, and such other places as the business of the
Commission may require.
Section 5. The fiscal year of the Commission shall commence on the 1st day of July and end on the
30th day of June.
Section 6. The Commission shall be considered a Public Authority within the meaning of State Law,
Chapter 159, unless specified to the contrary by the creating governmental body.
ARTICLE TWO
Purposes and Objectives
The purpose of this Commission is to assist the County of Person in promoting economic development,
and to establish a framework for local, state and federal efforts toward providing the basic facilities
essential to the growth of the area. Specific objectives of the Commission are, through coordinated and
concerted efforts, to secure full potential development of Person County's resources, including, but not
limited to:
Section 1. Receive from any municipal, joint or regional planning board or commission with
jurisdiction within its area an economic development program for part or all of the area.
Section 2. Formulate projects for carrying out such economic development program, through
attraction of new industries, encouragement of agricultural development, encouragement
of new business and industrial ventures by local as well as foreign capital, and other
activities of a similar nature.
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2
Section 3. Conduct industrial surveys as needed, advertise in periodicals or other communications
media, furnish advice and assistance to business and industrial prospects which may
locate in the area, furnish advice and assistance to existing businesses and industries,
furnish advice and assistance to persons seeking to establish new businesses or industries,
and engage in related activities.
Section 4. Encourage the formation of private business development corporations or associations
which may carry out such projects as securing and preparing sites for industrial
development, constructing industrial buildings, or rendering financial or managerial
assistance to businesses and industries; furnish advice and assistance to such corporations
or associations.
Section 5. Carry on such other activities as maybe necessary in the proper exercise of the functions
described herein.
Section 6. Encourage the enrichment of curriculum to achieve appropriate occupational training,
including pertinent technical and vocational training within the school systems serving
the area; to assist in securing training programs for industry, business and related entities.
Section 7. Encourage development of programs designed to further health efforts, tourism,
transportation facilities, housing, recreation and related needs for the promotion of the
general economic well-being of Person County.
Section 8. Serve as the Appointing and Hiring Authority for positions with the Economic
Development Department. Such employees shall be subject to the Person County
Personnel Policy.
ARTICLE THREE
Membership
Section 1. The composition of the Commission and terms of members shall be as determined by the
Person County Board of Commissioners as the appointing authority and as amended
pursuant to law from time to time. ‘Member’ is defined to include only those appointed
as regular members and not NON-VOTING EX OFFICIO members since the statutes
provide for an absolute maximum number of members of the board of directors of the
EDC. Only members should be allowed to vote. NON-VOTING EX OFFICIO or other
appropriate PERSON may be allowed to participate, BUT NOT vote, or to attend
executive sessions (CLOSED MEETINGS) upon approval of the members.
Section 2. Both Members and Non-Voting Ex Officios will be required to participate annually in
Ethics Training within the first 90 days of appointment to the Commission, as is feasible,
and within 90 days after each annual meeting, thereafter, at which time Conflict of
Interest Policies will be reviewed and signed. The training shall be conducted by means
approved by the County Attorney.
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3
ARTICLE FOUR
Authority of Commission Members
Section 1. The government, business and property of the Commission shall be managed by the
Members. The Members shall only act in the name of the Commission when it shall be
regularly convened by its Chairman, or acting Chairman, after due notice to all Members
of such meeting. Each Member, as applicable, shall serve for the term appointed, or until
death, resignation, retirement, removal, replacement, disqualification, or until a successor
is appointed or qualified.
Section 2. At the annual meeting held each January, after the organizational meeting of the Person
County Commissioners. The Members shall elect officers, which shall be Chairman,
Vice-Chairman, and Secretary. The officers of the Commission and the Person County
Board of Commissioners’ Chairman Appointee shall be the Executive Board.
Section 3. The term of such officer shall be for one (1) year. They shall assume office upon election
by a majority, as defined herein, and continue until replacement or re-election at the next
annual meeting. Officers may be elected to succeed themselves or be elected to any other
office.
Section 4. Vacancies in the Executive Board arising from any cause may be filled by the
Commission for the unexpired term of the office creating the vacancy.
ARTICLE FIVE
Duties of Officers
Section 1. The general duties of the Chairman of the Commission are:
A. The Chairman shall preside at all regular, special and emergency meetings of the
Commission and the Executive Board.
B. The Chairman may appoint such committees as the work of the Commission may
require, subject to the approval of the Commission, and shall guide and direct the
efforts of said committees.
C. Disbursement of funds shall at all times conform with the policies as promulgated
by the County and with general and special terms and conditions of appropriated
funds in compliance with any local, state, or federal grants.
Section 2. The Vice-Chairman of the Commission shall perform the duties of the Chairman in their
absence,
Section 3. The general duties of the Secretary are:
A. The Secretary shall verify and authenticate all the records of the Commission and
the Executive Board.
B. The Secretary shall perform such other duties as shall be assigned by the
364
4
Commission.
Section 4. The Executive Director shall be the chief staff officer of the Commission. The Executive
Director shall be an ex-officio member of all functional and standing committees. The
scope of work shall be that adopted by the Commission. The Executive Director shall
function directly under the overall supervision of the Executive Board, excluding the
Person County Board of Commissioners’ Chairman Appointee. All orders and directives
to the Commission staff shall be from the Chairman to the Executive Director. The
Executive Director shall be directly responsible for, but not limited to the following:
A. The Executive Director shall supervise and direct all other employees of the
Commission.
B. The Executive Director shall implement the administrative policies and
procedures concerning the staff and the staff functions as established by the
Commission.
C. The Executive Director shall be responsible for maintaining the necessary records
to satisfy the Commission requirements, and those of such other agencies as may
be involved.
D. The Executive Director shall discharge the functional and operational
requirements as set forth by the Commission.
E. The Executive Director shall expend effort toward establishment of liaison with
agencies of local, state and federal governments, and with financial institutions,
engineering firms, building contractors, public and private utility companies,
locational consultants and other entities either directly or indirectly involved with
business planning and location.
F. The Executive Director may be assigned other duties, or duties may be eliminated
by the Chairman upon approval by the Commission or the Executive Board.
Section 5. The Executive Board shall carry out such functions as the Members may authorize or
direct.
ARTICLE SIX
Compensation
Section 1. Compensation for Commission travel expenses and allowances applicable to the
Commission staff, officers, and Members shall be in accordance with the policies adopted
by the County.
ARTICLE SEVEN
Commission Panels and Task Forces
Section 1. The Chairman may from time to time appoint qualified individuals to serve on bodies
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5
created to achieve specific objectives and purposes of the Commission, subject to the
approval of the Commission. The creation of appropriate panels and taskforces as
operating entities is hereby authorized.
ARTICLE EIGHT
Meetings
The Commission shall meet regularly, at least every three (3) months.
Section 1. The annual meeting of the Commission shall be held in Person County, North Carolina at
a location approved by the Chairman or Director.
Section 2. Regular meetings of the Commission shall be held as announced in accordance with NC
Open Meetings Law per NCGS 143-318.12. The regular meetings shall be held in Person
County, North Carolina at a location approved by the Chairman or Director.
Section 3. Special meetings may be called by the Chairman or the Director, or by any three (3)
Members, at any time or place by giving forty-eight (48) hours written notice, providing
such notice states purpose for which the special meeting is called.
Section 4. Emergency meetings may be called by the Chairman or the Director, or by any three (3)
Members, at any time or place by giving as much notice as is reasonably possible,
providing such notice states the purpose for which the emergency meeting is called.
Notification of emergency meetings may be by telephone or electronic mail.
Section 5. Whenever there is no business for the Commission, the Chairman may dispense with a
regular meeting in accordance with Open Meetings Law, provided the Commission must
meet every three (3) months.
Section 6. A majority of the board membership shall constitute a quorum. The number required for
a quorum is not affected by vacancies. If a member has withdrawn from a meeting
without being excused by majority vote of the remaining members present, he or she
shall be counted as present for the purposes of determining whether a quorum is present.
If no quorum is present at the annual meeting, a regular, special, or emergency meeting,
there shall be no official meeting.
Section 7. At Commission meetings, each of the Members present shall have one vote. All
Commission actions shall require a majority vote, except as otherwise required by
applicable law.
Section 8. The Commission may authorize in extraordinary circumstances for action to be taken by
a committee of no less than three (3), only for the task appointed.
Section 9. All Commission meetings shall be open to the public and shall conform with the Open
Meeting Law.
Section 10. The question of parliamentary procedure shall be decided according to Robert’s Rules of
Order.
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ARTICLE NINE
Budget
Section l. The budget for the Commission shall be as authorized by the Person County Board of
Commissioners and shall be executed pursuant to County and State rules.
ARTICLE TEN
Records
Section 1. The Commission staff shall maintain a file of all studies, plans, reports, and
recommendations made by the Commission in the discharge of its duties and
responsibilities.
Section 2. An annual report shall be given to the governing body of Person County.
ARTICLE ELEVEN
Confidentiality
All members of the Person County Economic Development Commission shall be required to sign and
honor a confidentiality agreement, which shall pertain to all current economic development projects, all
personnel matters involving the Economics Development Department, and other matters required to
remain confidential by law.
ARTICLE TWELVE
Amendments
These Bylaws may only be amended by the Person County Board of Commissioners; however, the
Economic Development Commission may recommend amendments to the Person County Board of
Commissioners for consideration and subsequent approval by the Board of Commissioners.
ARTICLE THIRTEEN
Dissolution and Liquidation
The authority for the Commission may be repealed in the same manner as it was originally authorized
resulting in the dissolution of the Commission. Said notification of resolution of repeal shall be subject to
the notice period as defined in the General Statutes of North Carolina.
In the event of dissolution and liquidation of the Commission, the Commission shall, after paying or
making provisions for the payment of all the liabilities, debts and obligations of the Commission, dispose
and distribute all assets of the Commission exclusively for the purposes of the Commission, subject to the
approval of the creating body.
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Revised May, 2011; September 20, 2012; May 2013; August 30, 2017; October 22, 2019; May 28, 2020;
August 18, 2025; January 5, 2026.
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AGENDA ABSTRACT
Meeting Date:
April 20, 2026
Agenda Title:
Process for Amending the Planning Ordinance
Summary of Information:
Section 153 – Amendments to the Zoning Map or Ordinance of the Person County Planning
Ordinance is attached for reference. An outline of the process is as follows:
•153-2 Initiation of Amendment – Proposed changes or amendments may be initiated by
the:
o Board of Commissioners,
o Planning Board,
o Board of Adjustment,
o or by one or more owners, optionees or lessees of property within the area
proposed to be changed or affected.
•153-3 Submission of Petitions – Petitions to amend the 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. 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
o 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.
o Notice shall be published once a week for 2 consecutive weeks in a newspaper
of general circulation in Person County, the first time not less than 10 days and
not more than 25 days prior to the public hearing date.
o For map amendments:
The Zoning Administrator will be responsible for mailing written
notices to all property owners within 500’ of the property, and
The Zoning Administrator shall post notice on the land subject to the
application within the same time period.
o When conducting a review of proposed zoning text or map amendments, the
Planning Board shall advise and comment on whether the proposed action is
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consistent with the County’s comprehensive plan and shall provide a written
recommendation to the Board of Commissioners.
• 153-5 Board of Commissioners Public Hearing
o The Zoning Administrator will schedule a public hearing for the Board of
Commissioners and provide notice as specified above.
o The Planning Board shall provide a written recommendation to the Board of
Commissioners within 30 days. 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.
Financial Impact:
None.
Recommended Action:
Review and discuss the process for amending the Planning Ordinance and provide feedback to
staff.
Submitted By:
Katherine M. Cathey, County Manager
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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 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
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
152-1 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
(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)
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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).
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
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
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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.
a)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)).
b)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
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).
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 its action is consistent with
an adopted comprehensive plan and why such action is reasonable and in the public interest.
(Added 3/13/2006)
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)
d)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
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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).
e)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).
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AGENDA ABSTRACT
Meeting Date:
April 20, 2026
Agenda Title:
FY27 Budget Preview
Summary of Information:
The Manager’s Recommended Budget for FY27 will be presented to the Board of
Commissioners on May 18. The County Manager will update the board on the budget process
to date and receive feedback regarding the board’s priorities for FY27.
Financial Impact:
None
Recommended Action:
Receive presentation, discuss, and provide feedback.
Submitted By:
Katherine M. Cathey, County Manager
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AGENDA ABSTRACT
Meeting Date:
April 20, 2026
Agenda Title:
Appointments to Boards and Committees
Summary of Information:
Attached are interested citizen applications for current vacancies on various boards and
committees. I respectively request that the Board nominate and appoint as deemed appropriate
following your review of the submitted applications of interest.
Financial Impact:
None
Recommended Action:
Appoint volunteers as deemed appropriate.
Submitted By:
Michele Solomon, Clerk to the Board
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Agricultural Advisory Board
2-Year Initial Term; 4-Year Reappointment
1 position available
The following application was received:
Chip Stone requests appointment
Economic Development Commission
2 positions available for a member- at-large to fill an unexpired term to 6/30/26 and 6/30/27
The following applications were received:
Peter Baker requests appointment
Anita Banks requests appointment
Gordon Carver requests appointment
Bryan Cline requests appointment
Tracey Kendrick requests appointment
Mark Ramey requests appointment
Allison Satterfield requests appointment
Kyle Shotwell requests appointment
Mike Smith requests appointment
Tammy Tuck requests appointment
Camryn Wagner requests appointment
Juvenile Crime Prevention Council
1-Year Initial Term: 2-Year Reappointment
1 position available for each of the following: a Juvenile Defense Attorney, and Person County School
Superintendent or designee
2 positions available for a Member of the General Public, and 1 position available for a Citizen under the
age of 21
The following application was received:
Donald Daye requests appointment as a Member of the General Public
Opioid Settlement Advisory Committee
1 position available for the following: a Representative from Person Memorial Hospital, and a
Representative from the Department of Social Services
The following application was received:
April Spencer requests appointment as a Representative from Person Memorial Hospital
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