CASWELL COUNTY BOARD OF COMMISSIONERS October 4, 2021 OTHERSI PRESENT Bryan Miller, County Manager Carla R. Smith, Clerk to the Board Debra Ferrell, The Caswell Messenger Brian Ferrell, County. Attorney (Joined Remote) MEMBERSPRESENT DavidJ J. Owen, Chairman Jeremiah Jefferies, Vice Chairman William E. Carter John D. Dickerson Nathaniel Hall Rick McVey Steve Oestreicher The Board of Commissioners for the County of Caswell, North Carolina, met in regular session on Monday, October 4, 2021, at 9:00 am: in the Historic Courthouse. WELCOME: Chairman Owen called the meeting to order and paused for a moment of Silent Prayer. Then the Board of Commissioners and all the guest in attendance recited the Pledge of Allegiance. PUBLICI HEARING ONI FY23CATSGRANT: Chairman Owen declared the Public Hearing for the FY23 Community Transportation Program, Capital 5310, and Capital Call for Projects Grant Application open at this time. Melissa Williams, Caswell Area Transportation Systems Director, said Caswell County Area Transportation System is required to complete the Community Transportation Grant Application and the Capital Call for Project Grant Applications for fiscal year 2022-2023 by October 8, 2021. We are required to hold a Public Hearing on the proposed projects to allow members oft the community the opportunity to comment on the transportation needs and the grant applications. The Public Hearing will be held at the Board ofCommissioners meeting on October 4, 2021. We are: requesting to replace our current camera equipment on our buses and to have the equipment for our two-way radios updated/installed on the tower in FY 2023 Capital grant application. We are requesting administrative funding in the 5311 CTP application. The Capital 5310 purchase of service' s objective is to provide transportation services that meet the special needs of elderly persons and person with disabilities to who mass transportation services are unavailable, insufficient, or inappropriate. We need to have a motion made by a Board member and seconded by another Board member for the adoption ofthe Section 5311 CTP Application and Capital Call for Projects Program and resolution and 5311 Designee Certification and put to a vote to duly adopt the resolution and the 5311 Designee Certification. We are requesting all together ini this grant application $185,338 funding from the State. That's what we arel here for today to get the grant application approved from the county for the transportation system. Our grant is due to PTD by October 8, 2021. Please note that ifthe standard language included ini the October 4, 2021 Resolution provided by PTD is altered or changed in any way we will be required to submit a new. Resolution. The requirement to submit ai new Resolution may result in a delay in approval ofour CTP grant application and funding availability. All local matching funds required are transportation dollars. No ad valorem tax dollars are required for the operation of CATS. CATS is operating as a stand-alone enterprise fund. No tax dollars will be used. The match funds will come from transportations enterprise funds. There were: no public comments made SO Chairman Ar motion was made by Commissioner Jefferies and seconded by Commissioner Oestreicher and carried unanimously to approve the Projects Grant Application. (Commissioners Carter, Dickerson, Hall, Jefferies, McVey, Oestreicher, and Owen voted in favor of approval) Owen declared the public hearing closed. PUBLICCOMMENTS: The following individuals appeared before the Board to make public comments: Landon Woods: 4810 Old Highway 86 N in Yanceyville. Ijust want to speak today because I am against the zoning bill presented. The reasons are the effects that it will have on small business development. I'm surrounded by small business owners. My next door neighbor is a gunsmith, another one a carpenter, and another one started his own CPA practice. All of these people started from their home. I'm concerned about the future development of small businesses here in the county because of this bill. I've spoken with many people, some of them will come up here and speak maybe today. In the past some that were in support of this bill, and when they are told the implications that means on small business development, they are strongly against that part of the bill. It think we need to dive in and look at the details of this and protect the rights of the property ofi individuals in this county. Also, I have 50 signatures, none of them are mine or my families, that are against the bill. Last year, December 21, 2020, the HIDA, High Impact Development Ordinance, was passed. In that policy no building should be over 40 feet and has to be on an 800-acre plot. This is for large class 4 properties, such as coal plants, nuclear plants, and asphalt plants. We have to ask ourselves, will any of these large corporations, that everyone is against when they are spoken of, be under 40 feet. Will any oft them be able to have a plot ofl land that has seven football fields in every direction and have road front property as well. So I think we have kind of killed that proposition of those large polluting businesses coming to the county. So, now we have to look at what this bill really means. That is, it's stifling small businesses and Steve Thompson: 1232 Jones Road in Pelham. I'm here to express my views in opposition of the proposed zoning. First of all, there were some similar amount of signatures turned in last week that were against zoning. He asked did the commissioners receive that information and Chairman Owen said yes. Okay, well I have an additional 50+ signatures in opposition also. small business growth in the county. October4, 2021 2 Where I1 live at is not being affected by the zoning at this time, but I feel like ift this does pass, it will be established on the rest of the county. Ifyou look at people that were being affected and people we are talking to and discussing this with, I run into a lot more people that are in opposition than are for this. One of the things that we have is some questions for the Commissioners. Kind of look at this as maybe the cart got before the horse. When you start proposing zoning and come up with the thoughts and processes of making this happen. One of the questions that we have, this is to the Commissioners, how much is zoning going to cost the county? I feel like these questions and anything else that comes up, the people should know about. Will there be a zoning director? Or will there be any assistance to go along with that? Will there be any additional vehicles or equipment that needs to be purchased for the zoning to take place? And if sO when it gets down to the actual handling and saying yea and nay in zoning, who is going to enforce it, when thing don't go as they should. I'm not against things being done in the future, ifi it's done in an orderly manner and it's here to serve everybody in the whole county. Just to come up and say we are going to zone one small area in the beginning, I don't feel that that is appropriate. I also see that it's just an indicator of things to come for the rest of Thomas Wright: 559 George Russell Road in Yanceyville. Ijust come here to ask the Chairman to put me on the agenda for the next meeting. I want you to have Mr. Thomas Bernard here to answer some questions for me. I want you to hear the answers because I am not getting nothing James Dodson: I have lived all my life in this county. I grew up here and I'm against zoning because I don't like nobody telling me what I can do with my land and what I can't. I worked Dr. Martinelli: 2235 Gunn Poole Road. Thank you all for being here. Commissioners I appreciate all your work. As a rule, as I mentioned last week, I don't like zoning. I don't like people telling me what I am going to do with my property that I bought. I hate even more when the people that I am going to sell my property to and the people around them can bring in a business that's going to pollute my air. They are going to pollute my soil and my water. That's what I have to say about zoning. Commissioners, respectfully, you were elected to protect and serve. We need you to do that today. You need to vote for zoning. I had an aha moment while driving here today. Turned on the road and all ofa sudden it said school zone. That's zoning. We Mark Zimmerman: I live in Leasburg. I want to speak briefly about three things: Why zoning? Why this zoning? Why now? First there is no debate about zoning in Caswell County. That debate was decided about three decades ago with County and Municipalities that adopted zoning the county. out of! him. hard to get it. Really hard. need to protect our community. Please make sure you vote for zoning. October 4, 2021 3 protections. The question before you today is should the citizens of Southeast Caswell also be granted that zoning protection. Ifyou care about serving constituents, the answer to that question is an easy yes. For two years of meeting after meeting you've heard almost exclusively from people passionately pleading for zoning protection. A strong majority of us voted for it. As I'm sure you remember, we live in a time when too often our Federal Government ignores the people they were elected to serve. They rule as they see fit. The government in Caswell County should be better than that. Don'tturn your backs on us. Don'tignore our voices. Vote yes for the zoning protection that we have been asking for. Second, is this a good zoning protection plan? Of course, it is. It grew out of what is good about Caswell. It preserves our specialness. This plan protects our homes, neighborhoods, and communities. This plan puts farming and small business at its center. It embodies our Caswell County lives. It also prevents outsiders from wreaking havoc on our values. It says no to those who shattered our quality ofl life, who would trample our property rights, and who would decimate our property values. Will that really happen? Well, it's already started. Two communities are under assault now. Dozens of landowners will see their property values plummet, savings and livelihoods lost, and generations of legacies gone. Third, why zoning now? Because we are sO vulnerable. We are surrounded on all sides by extreme growth. Just at the primary responsibility, the President is to keep us safe from foreign actors who seek to harm us. So, it is your job to keep us safe from outsiders, who would change this county into something we don'trecognize. Today you can protect us from them by voting yes on zoning protections. Ifyou vote no, you'll be putting a bright target on Caswell. You'll be leaving the pasture gate and barn doors open to the coyotes. You will be giving up control of Caswell's future to those that don't care about the county or us. Ifyou vote no, the people celebrating most tonight will be outsiders. They are counting the profits that they can extract from us. They will be laughing all the way to the bank. Stop them from celebrating by voting yes today for zoning protections. This is a good plan that respects who we are and what we do. Listen to the people. Do your duty by protecting us from those that would harm us. Vote yes SO we can be in control Leslie Zimmerman: I1 live in Leasburg in Southeast Caswell. It think by now you know where I stand on the zoning agenda item. I first addressed you on the need for zoning protections in Southeast Caswell County two years ago. I haven't kept tract of how often I reminded you, but I'm sure you're tired of hearing from me. So, as I stand before you today, I make you this promise. Vote yes on zoning protections this morning and this will be the last time you hear from me about zoning. And I won't show up on your doorstep like others have. You'll be giving us the protections we desperately need and therefore doing a good thing for the future of Caswell County. But you'll have the added benefits of shorter meetings. It's time. It think you know that. And I trust you will vote what's best for the people and not what is best for you. Thank you for ofour future and keep Caswell the place we all love. listening throughout this process. Don'th hesitate to vote yes. October 4, 2021 4 Chairman Owen declared the public comment session closed. The following public comments were emailed to the Board and were shared with the Commissioners via email. Barry and Jami Haigler of Blaylock Drive, Prospect Hill. NC 27314 jamihaigler@aol.com Iti is the will of the people of southeastern caswell county to have zoning. Considerz zoning Each moment we are called upon to choose what we shall bring forth into this world. The for the future of Caswell County. choice is ours So, too,the consequences Please vote yes to zoning. To: Caswell Co. Board of Commissioners From: Charles Harrison Blackwell, Yanceyville, NC Charles H. Blackwell asbachwcP0gao.comn October 4, 2021 100 Years: It's Time to Redesign the Square The date is September 10, 1921, exactly 100 years ago, and the ceremony to dedicate the Confederate Statue is getting underway. In attendance are well dressed White ladies oft the Caswell Chapter oft the United Daughters of the Confederacy, local political leaders and other White citizens of the County. As noted by the Reidsville Review dated September 12, 1921, "there was a splendid program ofboth music and able addresses by prominent speakers, and a delicious dinner was served on the grounds. This was perhaps the most pleasant picnic occasion Iwould imagine that, in a County where at least 50% oft the population was. Atro-Americans, that the few of them in attendance are there in aj position of preparing and serving food. Although they have been out of slavery for nearly 50 years, their condition of servitude is very similar to that which had existed during slavery. They never got the 40 acres and a mule as promised by the assassinated President Abraham Lincoln. Asai result, they are primarily sharecroppers on former plantation owners' land and are barely generating enough income to clothe and feed their families. For most of them, they are unconscious oft the ceremony which is occurring in honor of the Contederacy. They are in the fields harvesting tobacco crops and many of the women are in the households of White families cleaning their houses and raising their children. The fact that the statue has been created and is being dedicated on this day is not in and ofitself an indication of an evil intent or negative will. The descendents of confederate soldiers certainly the Daughters have ever had". October4, 2021 5 deserved the right to memorialize their dead soldiers inj preserving their heritage and history. The travesty of the matter is that they decided to do sO by imposing its presence, now for 100 years, on a greater community that was comprised of Afro-Americans who would have had no desire to honor the statue. To add insult to injury, this dedication was taking place during a time in which Afro-Americans were still being lynched, denied the right to vote and to obtain political power, and denied economic opportunities. Most Blacks were still being "worked to death" and being cheated out ofrecognizing any benefits from the results oftheir labor. And, as noted by Dr. Harry Watson, distinguished professor of southern culture at the University of North Carolina, putting up these monuments was indication of"the white South taking a victory lap" So, let it bel known that there is no time limit on correcting a past mistake. Caswell County will never: fulfill its destiny until the attitudes and behavior ofi its leadership takes a good look ini the mirror and ask "am I doing what's best for the entire community and am I doing what's best for all ofCaswell County families and their offspring? After 100 years, it's past the time to redesign the square. Barbara Yearley: Commissioners. I am respectfully asking that you vote for zoning in SE Caswell. Wej just built a new home by the lake and are praying it is not ruined by the air. noise & water polluting quarry & asphalt plant. You must feel a responsibility to preserve our homes and livelihood. People have been looking at properties close to us but waiting for the outcome ofthis situation. With the prospect of polluting air. noise. and water industries moving in Ia advise them towait. Wouldn't you rather have longterm residential taxpayers than this quarry and asphalt plant? Ity will not only destroy the environment but also the reputation of Caswell County. If other parts of Caswell county like Hyco and Yanceyville have zoning I think we should have it also. Zoning will not take away any land rights of owners but protect us from undesirable industries. Thank you. Barbara Yearley utanvenleydahoocen My name is Stephen Barmann and I live at 8864 NC HWY 119N, Leasburg, NC 27291.Iam writing regarding the proposed zoning in Caswell County. After looking at the map I support the proposed residentalagncultura zoning. I feel that this will go a long way to protect the citizens of the county as well as the surrounding Hyco Lake area; the areas just outside oft the resort residential that could bei impacted by heavy industry. I feel that the county is moving in the correct direction with the proposed zoning, and I hope that every commissioner will vote yes on the matter. This move will help to protect everyone' 's largest investment, their home and property. It will also help assure that the county is preserved for future generations. Stephen Barmann barmamn@gmail.com October4, 2021 6 RECOGNITIONS: AGENDA: There were no recognitions from the Board. APPROVAL OF AGENDA: A motion was made by Commissioner Jefferies and seconded by Commissioner McVey and carried unanimously to approve the Consent Agenda. (Commissioner Carter, Dickerson, Hall, Jefferies, McVey, Oestreicher, and Owen voted in favor) APPROVAL OF CONSENT AGENDA: a. September 20, 2021Regular Meeting Minutes b. September 27, 2021 Public Hearing Minutes Commissioner Dickerson asked if we could put that vote off on the minutes until the next meeting because of problems with the email and laptops. There were no objections, SO Chairman Owen asked that we add those back to the next meeting. DISCUSSION ITEMS: CASWELL COUNTY REDISTRICTING: County Manager Miller said the first thing on the agenda for discussion today is redistricting. NCGS 153A-22 Provides ai method for redefining electoral districts after a decennial census. Counties in NC are task with drawing electoral district lines for those counties that choose to elect members from electoral districts and require the representative to reside in the district for which they are elected. The Board of Commissioners determines the district lines for the Board ofCommissioners and the Board of Education determines the district lines for the Board of Education. Iinformed the Board of this event several months ago. Since that time, we engaged the Piedmont Triad Regional Council (PTRC) to help redraw those lines according toj population. PTRC did a great job with their initial proposed redistricting, when considering only population. However, I would recommend the board review the information attached, consider the unique attributes of Caswell County, and provide input on the Board of Commissioners priorities for redistricting. I would also suggest the Board recess this meeting or schedule a special work session for Thursday or Friday morning oft this week to finalize the electoral district map and schedule aj public hearing on the new electoral districts for the second meeting in October. Generally speaking, the electoral districts should consist ofa an equal number ofresidents. For Caswell that magic number is 4547. To stay within a 5% deviation from that number, ideally, a district may contain as few as 4433 members or as many as 4657. Anywhere between 5% and 10%i is a very gray area. Anything over 10% puts the county at an increased risk for legal action to be taken against the county. Currently the difference between our largest and smallest districts are 17% and 14% respectively. This process should be completed no later than the first week in October 4, 2021 7 November. Ifwe can achieve that goal, it will allow approximately two weeks for the GIS data tol be compiled and presented to the Board of Elections, along with the resolution before the November 17th deadline. Somewhere between the existing electoral districts and the proposed electoral districts I'm sure there is a solution right for Caswell County. Ifyou as Board members have any questions, the County Manager said he would be happy to answer any question you have, but he urges the Board to schedule a work session to go through all the information. Chairman Owen said we can recess this meeting and hold a special meeting. just for redistricting later this week or we could appoint a committee of no more than 3 Commissioners to work with the County Manager and Planner to go on with that plan to see how quickly it can be redrawn. What we. have to remember is when we: move a line, we have to consider who lives within that line. That changes the percentages on who lives in that district. So, we will have to have some number and we will have to look specifically at those numbers ifwe move the lines. It's up to the Board how we proceed with this. Whether we all want tol be in on it and do a special meeting or ifyou want to have a committee. Commissioner Carter said he thinks all the Commissioners should be involved. Commissioner Carter's district, with the new proposed districts, moves into Commissioner Hall's district. Commissioner Carter wants to move the lines to keep West Yanceyville in District 2. Commissioner Jefferies thinks it would be good for the whole Board to look at those drawings before we vote on it. Chairman Owen asked what day works best for the Board. The County Manager said he will reiterate, even after the Board decides, there is still a lot ofwork on the back end that needs to be done before this can be presented to the Board of Elections. Commissioner McVey said Thursday and Friday did not work for his schedule unless itwas late Friday. Commissioner Oestreicher said Wednesday and Thursday is good for him. Commissioner Carter said try to stay away from Mondays. Commissioner Owen said Wednesday would have to be early morning or evening for him. Commissioner Dickerson asked how long the Chairman anticipated this meeting going. Chairman Owen said it can go awhile because we'r re going tol have tol look at those numbers very carefully, especially where the lines are presently. The County Manager shared the map oft the existing districts and then shared the proposed districts. Chairman Owen asked ifTuesday evening would give the County Manager enough time to prepare what he needs to prepare for the meeting. Chairman Owen said tomorrow evening because we have Cycle NC in the morning and Commissioner Hall and I are involved in that. Tuesday at 5:00 pm. Commissioner Dickerson said that will work sO that we can get out earlier. All agreed on' Tuesday at 5:00pm. The County Manager is going to contact the library director and see if we can have it in the library tomorrow afternoon when we take a break. When you recess, you can recess to a date and time. ZONING FOR SOUTHEAST CASWELL: ACTION ITEMS: The County Manager said the Board of Commissioners and staff have completed all requirements for zoning the southeast portion of Caswell County. The Board of Commissioners October 4, 2021 8 has the authority to either zone the areas indicated on the zoning maps according to the proposed plan, amend the maps and the plan, or leave the affected areas without zoning. So, at this point and time it'si in your hands as a Board. The County Planner is here. We arel happy to answer any Commissioner Oestreicher said on last Friday, Isent each of you an email with the amended zoning ordinance and maps as compared to the information that was available at the public hearing on the 27th. Commissioner Oestreicher read the email to the Board and explained it in questions you may have about the map, the plan or anything about zoning. case some oft the Commissioners didn'tseeit. Hello Commissioners, After voluminous input from Public Comments, Public Hearings, Community meetings, Resident Comments, etc. the most recent version oft the SE Caswell Conditional District Zoning Ordinance was ever SO slightly amended to the version attached to this email. Changes were to: Change the "Light Industry" Zone name to "General Business". Inclusion ofs small businesses in the Table of] Permitted Uses to further open new business Reduced the number of General Business zones to three to avoid potential "Spot Zoning" issues. Adding Small Businesses in both zones (residential and general business) makes ite easy for current and new businesses to operate/locate to the SE Caswell District. Please review the Ordinance and accompanying maps in advance of our meeting on Monday Iwant to pass on some notable comments from the Public Hearing for your consideration: opportunities. Added definitions of" "Small Business" and Home-based" Businesses. October 4, 2021. Dr. David Owen oft the UNC School of Government said "The basic premise ofl land use law is that no one has the absolute right to use his or her property in the way that may harm the public health, welfare or damage their neighbor's quality oflife." "Every time I have come before Caswell County Commissioners, II have felt blank stares of disgust. My heart races and my blood pressure rises. Most of you appear to have your ears plugged and show no care or concern for your landowners & taxpayers oft the Southeastern corner of Caswell County. You people couldn't care less if our entire environment in Southeastern Caswell County is polluted and/or destroyed. It makes me sick at my stomach. I go to sleep with this horror on my mind and wake with the same thing. Why would anyone think that any part of this was ever: a' "good idea"? All we have continued. to ask for is protection. ZONING IS OUR ONLY PROTECTION! Other parts of our county have benefited from zoning protections- we voted for it-why can'tyou vote YES for ZONING?" October4, 2021 9 Ialso have available the presentation Ir made to the Planning Board ifyou would like to see Commissioner Dickerson asked the County Manager ifl he could read the last letter from the some more information. Planning Board. Iti read: September 20, 2021 Chairman Owen: The Caswell County Planning Board held a special meeting on September 17,2021 in order to discuss Caswell County zoning. During our meeting the Planning Board approved a motion to rescind the motion that was made at our meeting on August 24, 2021 that related to the Planning Board's determination of consistency and adoption oft the zoning plan presented to us by the Caswell County Board of Commissioners. The Planning Board also approved a motion ofrecommendation to the Board of Commissioners that they honor the will oft the voters and not adopt a zoning ordinance for Caswell County. Please let me know ify you have any questions. Sincerely, Russell Johnston Chairman, Caswell County Planning Board Commissioner Dickerson said this issue was settled by a county wide referendum. Nothing in that referendum alluded to district zoning. The voters have clearly spoken and as representatives of the voters, we are obliged to respect their wishes. I will: respect the will of the people and I'll vote no on zoning. Commissioner Oestreicher said he would like to add that during that meeting, when that 2nd motion was made, one of the members of the Planning Board asked the rest ofthe members oft the Planning Board ift they had identified any inconsistencies: with the land use plan for Caswell County. None were mentioned. The Planning Board's only obligation was to review the ordinances for consistency with the land use plan not to voice their personal opinion. Then Commissioner Oestreicher went through Commissioner Oestreicher shared the proposed district zoning ordinance map for SE the presentation that he gave to the Planning Board. Caswell. Purposes of establishing the zoning districts are: To implement adopted plans; Toj promote public health, safety, and general welfare; Toj provide for orderly growth and development; Toj provide for the efficient use of resources; Toj preserve the area's existing character and quality of life; October4,2 2021 10 To facilitate the adequate provision of services. Here is the timeline that starts in mid-2019, where citizens in the southeast area started community meetings and started asking commissioners for zoning. SE Caswell Conditional District Zoning December 2019: Non- bindingz Zoning residents Referendum puton November Ballot Dec2 2019 Moratorium on Polluting for 6months (CCBOC Large group of Industry DevelopmentinsE June 2021: Motioni for zoningf fort the Conditional Districtz Zoning aproposed plan passed Caswell County extended Conditional Zoningi for proposal to be developed. CCBOC passed4-3 asked CCBOC SEquadrant. April 2020 the "SE Quadrant" process to proceed with June 2021 September 2021 July 2021 toi implement passed 7-0) included Mid2019 Jan2020 Nov 2020 Jan2 2021 Citizens in SE Caswell: started Community meetings and starteda asking Commissioners forZ Zoning. 1-Year Moratorium on Polluting Industry Development takes effect The results oft the non-binding referendum were tabulated- see next slide Sent for Consistency to Planning with Board PublicHearing Land Use Plan andf for Recommendation" In] December 2019 a non-binding Zoning Referendum was put on the ballot. In. January a one- year Moratorium on. Polluting industry development takes effect. In April, al large number of residents ask the Board of Commissioners to implement zoning for the southeast quadrant. In November the results oft the non-binding referendum were tabulated. Then Commissioner Oestreicher shared the results. The referendum said should the Caswell County Board of Commissioners adopt a countywide zoning ordinance to implement zoning regulations for all unincorporated areas of Caswell County? In the Southeast quadrant the vote was yes 54% and 46% voted no. Once again this was for countywide zoning. Commissioner Oestreicher said he don'tthink it is a huge leap in intellect to go from countywide zoning to just zoning for a defined area. We have heard literally 1000 comments to that effect. The Moratorium on polluting industry was extended for six months in January 2021. A motion for conditional zoning for the Southeast quadrant process to proceed with a proposal plan passes the Caswell County Board of Commissioner 4-3. On July 2021, it was sent to the Planning Board for Consistency with the land use plan and for recommendations. You've heard the results oft those. September 27th, last Monday a public hearing was held. Here is a summary of the key aspects of the zoning ordinance: There is only 2 zoning Districts: Residental/Agnculunal October4,2021 11 General Business As Pursuant to NC Statutes: Regulation of agriculture exempt from zoning regulations since 1966 Current land usage, in compliance with existing UDO and NC laws, is unaffected, i.e., hunting, land use, home color/design, etc. are: not impacted by SE Caswell Conditional District Zoning. Caswell has had experience with zoning for over 50 years, without issues: Hyco Lake Zoning District (in the Northeast quadrant) Yanceyville Milton Landowners may sell their property to whomever they wish Conditional Zoning allows for land uses currently unforeseen (Section 5.9) Property Owners may use their land in accordance with the Permitted Use Table: More permitted uses than Hyco Lake District Permitted Uses VS. Special or Permitted uses with Supplemental Regulations Then Commissioner Oestreicher shared the Permitted Uses Table. SE Caswell Conditional District Zoning Zoning DistrictCodes: Hycolake:RR= ResortResidential, RB= Resort/Business, IP= IndustrialPark SECaswell:RA= Resoentalgridaitural, U=lightindustrial Zoning iseCodes: P=PermitedUse PR=Permittedw withs SupplementalF Regulations S=Spedalu Use SR= Spedall Usew withs SupplementalR Regulations NA-NOtA Allowed NP=NotP Permitted Permitted Uses Table HycoZ Zoning Supplemental SECaswell Districts Regulations Districts RRF RB Uses R/A GB P Accessoryb buildings andus usest thata arec customarya andin incidentaltot thep permitteduses P Amusement parks,i indudingoutdoorr rides,t bowinga alleys, miniatureg golf,s swimming pool andbathhouses, dancel halls BedandB Breakfasts Homes Church Churcho cemeteries Commercialc cemeteries Commercialr marinasf fort thelaunching, storage, rentals salea andrepair ofb boats Community, county,orn municipals sewaget treatment plants orv water treatment plants Community, county,o orn municipalv watero ors sewagep pumpingstations Constructiony yards Country chubs Customaryl homeo occupations Dayn nurseries andkindergartens Dwelling, manufacturedh home( (onin individuallotw withp foundation) Dwelling, single-family (excksiveo oft tentsa andmobilec campers) Dwelling,t two-familya andg garagea apartments Section6.20 Secton6.2 Section6.3 Secton64 Secion6,6 Section6.7 Secton6.8 Secton6.9 Setton6.10 October4,2021 12 SE Caswell Conditional District Zoning Zonina Resort/Residential, RB=F Resorl/Business, IP= IndustrialPark esidentialA Agriculural, lightIndustrial Ise PR= Permittedwiths SupplementalR Regulations pedalUsev withs Supplemental Regulations Uses Permitted Uses Table (continued) Class! IL AsphaltP Plants BiomassF Manufacturing Facilities R/A ChipN Mills Electric Generatingfaclities Explosives Manufacturing Explosives StorageFacilities Landfills- -exceptir inerto debris Medicalv Wastel Incinerators Paper Mills RaceT Tracks WasteProcsingfsitis StoneCrushing ClassV Mining/Quarrying ResourceExtraction CementN Manufacturing Nuclearv CoalAshs Wastes Storage Storage Hyco pplemantal gulations Districts ECaswell RR Classified: Class MandClass v'inthelohimpac andExceptions" clinics, sanitariums noto otherwisel listed NP/NA Sectin613 614 residence *Home- providedthatn nor mayb more be than estabishedinoprimoy 50%0 ofthet totalfloord areaof the dwellingbe usedfort thec occupation. Inaddition, homebased businessess such ass smalle lenginer repair, automotiver maintenance, woode andmetalcrating, orsimilard commercialsenvices maybe establishedw withinr residentialacessony! buildings. Thesed accessory buildingss shallber nomore than7 7,500s square feetofenclosed, heatedfloors space, andmustb be locatedont thes samep propertyas lotels Parks, picnica areas, publics minga areas, andlocations forp publica access and thep primaryresidence. nercialfaciities This is the key part of the ordinance. The only area that is not permitted is industries classified as "Class III and Class IV"i in the HIDA. To the right oft the uses table are those industries. Then He read the Home-Based business definition, which states: Home-based businesses may be established in aj primary residence provided that no more than 50% ofthe total floor area of the dwelling be used for the occupation. In addition, homebased businesses such as small engine repair, automotive maintenance, wood and metal crafting, or similar commercial services may be established within residential accessory buildings. These accessory buildings shall be no more than 7,500 square feet of enclosed, heated floor space, and must be located on the same property as the primary residence. We heard a comment earlier about small business. Someone was concerned about the fact that it eliminates small businesses. That couldn'tl be further from the truth. Small businesses are established which offer services that the business community or individual may or may not be established on the same tract ofl land as a residential structure. Such businesses shall be ofa commercial, retail, data management, or other non-industrial nature and exist on a tract of land no more than 10 acres in size. In summary, conditional zoning that is not covered in the agricultural/ residential area. Property owners may apply for rezoning to a conditional zoning district: Application submitted to the Caswell County Planning Department Hold a Community Meeting outlining the proposed land use and rezoning Obtain approval from the Caswell County Board of County Commissioners for Conditional rezoning. Then Commissioner Oestreicher shared some frequently asked questions. October4,2021 13 SE Caswell Conditional District Zoning Frequently Asked Questions (FAQ's): (CDZ) have on whatl do on my property? 0 What new restrictions does Conditional District Zoning protection A Virtually none. Agricultural /Residential and General Business uses and activities are Isthe proposed Ordinance consistent with the Caswell County strategic not impacted. Land Use Plan? AT The Caswell County Planning Board found no inconsistencies. What will be the impact on Property Values? AThis type of Zoning Protection should make land more desirable to incoming residents, developers, and industries. since they will know they will not have Polluting Industries sited next to their property. What impact will there be on selling my Property for the best price? Without CDZ, if) your neighbor sells to a Polluting Industry iti is highly unlikely you will be able to get the best price for your Property. SE Caswell Conditional District Zoning Frequently Asked Questions (FAQ's): How could CDZi impact Economic Development? property values and desirability, are prohibited. How many other counties in NC use Zoning? What is conditional use zoning? A See a previous Q&A. Only "Polluting Industries," which generally negatively impact A Most NC counties (83 of North Carolina's 100 counties) have chosen to adopt comprehensive or partial zoning ordinances. Caswell County is one of them. A Conditional use zoning allows for a property owner to apply for a use different than allowedi in the zone. If the use is included elsewhere. in the district, the County Commissioners can allow that property use subject to conditions that it decides. Can zoning dictate what my house must look like? A_No, state law is very clear on this. Az zoning ordinance cannot regulate architectural standards or design criteria for residential, properties (single -family homes, duplexes, etc.) Commissioner Dickerson said all the arguments on both sides for and against zoning are not the issue here. The issue here today is that this was put before the voters of Caswell County and the voters ofCaswell County voted down countywide zoning. As representatives oft the people in this county, Mr. Dickerson feels that the Board is obligated to follow the will oft the people and vote this zoning proposal down. October4,2 2021 14 Commissioner. Jefferies said wel had a really hard time getting this referendum on the agenda. The people of Caswell County said no zoning and that is what we should have gone by. This referendum has been brought up three times and Mr. Jefferies was on the Board. Each time it has been voted down SO Mr. Jefferies said he can'tafford to vote for zoning ift the people has said no. The people put the Commissioners in office and Mr. Jefferies said he promised he would listen to them. 52.3% voted no and 47.7 voted for zoning. What are we going to do? We Commissioner Hall said to correct the record. When the zoning issue was added to the ballot as areferendum all the Board members were told it was an advisory referendum only. That meant we were getting input from the citizens, but the citizens were not making any decisions because it was not there's to make. Iti is up to this Board. The people spoke and it was an advisory referendum only. We all heard the public comments, as Commissioner Oestreicher said it was probably 1000. Commissioner Hall wanted to go to the good neighbor policy. There are al lot of people who talk about how great a place Caswell County is to them, how we love our neighbors, and our neighbors love us. Mr. Hall said he can'tunderstand ifwe are good neighbors, why wel have sO many people in the northern part oft the county fighting against people in the southern part of the county. And it doesn'tcost them anything. We voted for zoning in the southern part oft the county, it won'tharm or hurt anyone in the northern part of the county. It'sj just ai matter oft their opinion. Iti is not being a good neighbor. Mr. Hall thinks this Board's role as a representative oft the people, is to do our homework, have staff do their homework, and then we vote. We should consider the cost to the southern part oft the county and the lack of the cost to the northern part of the county as we: make this decision. A motion was made by Commissioner Oestreicher and seconded by Commissioner Hall to enact the Amendments to "Article 5 Zoning Ordinance" and accompanying reference maps (SE Caswell Anderson Zoning Map, SE Caswell Prospect Hill Zoning Map, SE Caswell Royal Part Zoning Map, and SE Caswell Zoning Map) as specified in the attached "Article 5. Zoning Districts Amendment" which will implement this zoning regulation within areas shown on the maps. This Ordinance will take effect as oft today, October 4, 2021, with that date to be inserted in Section 5.3 ofthe Ordinance. The motion failed 3-4. (Commissioners Oestreicher, Hall and Owen voted for zoning and Commissioners Carter, Dickerson, Jefferies, and McVey voted need to listen to the people. against zoning). BOARDS AND COMMITTEES: We will look at the ABC Board first. We have two vacancies to fill sO Chairman Owen asked Commissioner Carter nominated Graham Dailey and Wayne Barker to the ABC Board. for nominations. October4,2 2021 15 Commissioner Hall askedi ifChairman Owen could read out the names oft the applicants for the Board. The Applicants for the ABC Board are Irvin Graham Dailey Jr., Wayne Barker, Patricia Thompson, and Lorrie Wrenn. Chairman Owen confirmed that at the last meeting the Board voted to increase the ABC Board form a 3 member to a 5 member board. County Manager Miller said that is correct. Commissioner Jefferies nominated Patricia Thompson. Then Chairman Owen called the commissioners, and their votes were given. The votes were tallied and with the majority of votes, Irvin Graham Dailey Jr. and Wayne Barker were appointed to the. ABC Board. The next Board we. have an application for is the Board ofHealth. We have one vacancy. The applicants are Michelle Gaskins and Patricia' Thompson. Chairman Owen asked ift the vacancy was a requirement. The County Manager said he thinks that is a required nursing position. The only applicant that is a nurse is Michelle Gaskins. The votes were unanimous for Michelle The next Board is the Hunting and Wildlife Committee. We have one vacancy and one application. The application is from Steve Harris. The votes were tallied and carried 6-1 to appoint Steve Harris to the Hunting and Wildlife Committee. (Commissioner Oestreicher voted The next Board is JCPC. There is one vacancy and one application. That one application is Gwen Vaughn. The votes were tallied and carried unanimously to appoint Gwen Vaughn to The last Board today is Tourism Development Authority. We have one vacancy and one application. That applicant is Amanda Hodges. The votes were tallied and carried 6-1 to appoint Amanda Hodges to the Tourism Development Authority. (Commissioner Dickerson Gaskins tol be appointed to the Board ofHealth. no) the JCPC Board. voted no) RECESS: The Board took a quick recess. PAYMENTS TO' THE BOARD OF ADJUSTMENTS: County Manager Miller said the Board of Adjustments has requested payment of $20 per meeting per member. They have also requested the Board of Commissioners appoint alternates for the Board of Adjustments to ensure a continuity of operations in the event ofa regular member's absence or recusal from a vote. Both state general statute and our county's Unified October4,2 2021 16 Development Ordinance (UDO) provide for the appointment of such alternate members. This will increase the Planning Department'sl budget roughly by $1,000 per year. The Board of Adjustments meets on an as needed basis sO this may vary from year to year. Chairman Owen said we will take these items separately. The first one being the compensation part. Chairman Owen saidi it is his understanding that this was not a unanimous decision oft the Board, but it only requires 4/5 approval. Chairman Owen said he would really like to wait on this since it is not an urgency until budget. Chairman Owen said they knew when they signed up with this Board that there was no compensation at that time. The first part ofvisiting properties can be understood as being a reason, but the second part ofb being an independent study. There are boards that we. have whose members do all kinds ofs stuff such as working and going but they are not reimbursed fori it ina any way. One Board is Farmer Lake for example, and many of those do a lot for that board. A motion was made by Commissioner Oestreicher to not provide compensation to the Board Commissioner Carter asked how much compensation they were requesting. Chairman Owen said $20 per meeting. Then Commissioner Owen asked roughly how many meetings they have a year. Matthew Hoagland said they had one training session in. January and three regular meetings since then. Four meetings SO far and a meeting is scheduled for the third Tuesday ofOctober. Chairman Owen asked ift these are regularly scheduled meetings or as needed. Matthew Hoagland said both. Ifthere are items on the agenda, the meeting will be on the 3rd Tuesday of every month, but ift there are noi items on the agenda, they do not meet. There is a regular schedule, but it's as needed based on agenda items. Commissioner Dickerson said this decision will impact all the boards down the line. As Chairman Owen said when they signed up: for this board, it was a position that was not paid. So, if we open up pandoras box here won't] logic follow, and we will wind up having compensation ofs similar levels for every board in the county. Thereby increase the budget and taxes on the taxpayers of Caswell County in the long run. Chairman Owen said we know board members volunteer, but they put a lot oft time in. Commissioner Carter said the Planning Board gets compensated $20 per meeting, the ABC Board gets compensated, but Farmer Lake Board does not get compensated. Commissioner A motion was made by Commissioner Carter to compensate the Board of Adjustments $20 per meeting per member. Hearing no second, the motion fails. We will put this off until it's Commissioner Hall said we. have some boards that are compensated and some that are: not. As stated, boards that are not knew when they applied. However, like sO many things, you get what you) pay for. Commissioner Hall suggested this be an item for discussion at the next budget. That way we have some time to do some research and look at compensation for all the boards. Right They are never: reimbursed for it. They do it on their own time. of Adjustments. Hearing no second, the motion fails. Carter said he would be in favor of them getting $20 per meeting. brought back to us. October4,2021 17 now, wel haven't had an opportunity to do any ofthat. Chairman Owen said he would like this to The second request is for us to appoint alternate members to the Board of Adjustments. Chairman Owen said he will assume we would go through the same process that we do with appointing regular members. So therefore, we would need to advertise this for 30 days, and at that time those names will come back before the board. Does it say how many alternates we need? County Manager Miller said 2. Chairman Owen asked the clerk to get that advertised. Commissioner Oestreicher asked if we needed to vote on the concept before we advertise. Ifwe think about this, you want alternates and you decide to pay them. Then the cost for this goes up even more. The alternates should be advised what is going on with that board SO that they are ready to stepi in. So how do you deal with that? The County Manager said just a little bit of background on the reason you may need alternates. Our County Planner is here, and he can jump inifinformation is inaccurate. A lot of the decisions made by the Board of Adjustments need to have a 4/5 vote. Ifwel have five members on thel board and one or two of those members are not present, you cannot achieve the voting requirement made by state statute. So, iti is advisable to have the alternate serve as alternates an attend these meetings. Ifyou decide to pay them, it will mean additional pay. This is consistent with our UDO, which says that you can have alternates on the Board of Adjustments. So, this is already built into the Caswell County Plan. Chairman Owen said he stepped ahead. This Board needs to decide whether or not we want tol have alternates. The County Manager said he should have explained it a little bit better. It's not only missing a meeting, but sometimes they have to recuse themselves from voting because some of the issues may affect them or their family financially. So, there's a lot of different reasons that someone on the Board of Adjustments could find them in aj position where they need to recuse themselves. So, let's take the alternate issue then compensation ofa alternates second. Chairman Owen ask for the pleasure oft the Board concerning alternates. Hearing no motion, Chairman Owen said he assumes we will not have alternates and will not need to consider compensation. The County Manager said during the budget process, the Board appropriated $100,000 to help non-profits respond to COVID-19, create programs to combat COVID-19, and recover from COVID-19. We currently have two applications pending. We have an application from Epic Caswell, and this is to create outdoor programing that provides youth with the ability to socialize and participate in outdoor recreational activities that have been approved as safe activities by NCDHHS and by the CDC. We also have an application from Piedmont Progressive Farmers Group. That application is to recover from COVID-19 and other associated losses that occurred during the pandemic due to a decrease in sales to educational, institutional, and market type organizations. Both of these uses are approved uses oft the. ARP funding. The County Manager asked that the Board take these as separate approvals or denials. There is a lot of support for any group that provides programming in the. ARP funds. Programming is come up at budget time rather than now. That is what we will do. AMERICAN RESCUE PLAN FUNDS: October4,2 2021 18 especially important when you're looking at ARP funds and the recovery from COVID-19 is also important as well. Chairman Owen asked how much they were requesting. County Manager Miller said each application was emailed to the Board. Piedmont Progressive Farmers is $21,804 and EPIC Caswell is $10,000. Commissioner Dickerson said this is a difficult position tol be put in. With these two boards having Mr. Hall, a commissioner, and Mr. Williams, a former commissioner, on their boards that have applied for funds. Is that correct? Bryan Miller said yes. Commissioner McVey said he was going to abstain from Piedmont Progressive Farmers vote. Commissioner Dickerson said he has 2 issues with the requests. We allocated $100,000 for the whole county and between these two grants they are asking for $31,000, which is 31% ofv what was budgeted countywide. The fact that commissioners are coming before this Board asking for the money, we are between the devil and the deep blue sea. Ifwe approve it, we will be accused of cronyism and if we don't, we will be accused of standing against the cause that they are pushing for. It will bej perceived by the public as showing favoritism to commissioners and Mr. Dickerson doesn't want to bej put in that position. Chairman Owen said he had a question for Commissioner Hall since the County Manager said they were programs. The County Manager said its program related. The application for EPIC Caswell is to take care ofal long needed problem at the outdoor park in downtown Yanceyville. That is to provide paved paths for the youth to play on and meetings to occur on. So, itis program in nature. For the application process, the applications were really written for up to a $10,000 award. So that was the top award for an appropriation from what the Board appropriated. Having said that, Mr. Miller thinks EPIC Caswell falls in line with the grant application that was provided. Chairman Owen said we will deal with these separately, and the first being EPIC Caswell. Commissioner Hall said there have been issues in the past come before this Board concerning EPIC Caswell, and hel has always requested from the Board to recuse himself. Commissioner McVey asked to be excused from both votes. Chairman Owen said he doesn'tt think you can be excused because another commissioner isi involved unless you have some dealings with that. Attorney Brian Ferrell said the general recusal standard is your financial interest. Attorney Ferrell said he understands that Mr. Hall is on the Board and conceivably is involved in an entity that's requesting money from the county. That triggers sort ofthe financial interest piece. Mr. Ferrell did not hear Mr. McVey's rationale and doesn't! know ifMr. McVey is on the board of either oft those organizations ori is financially benefitting from them. That's the large overarching prohibition on voting for something that'si in your own sort off financial interest. Chairman Owen asked Mr. McVey to repeat his rationale. Mr. McVey said he was going to abstain from voting on either issue since he is involved in Piedmont Progressive Farmers but not involved in EPIC Caswell. Attorney Ferrell said sO EPIC Caswell seems fairly straightforward ify you don'thave any interest in it whatsoever. Mr. Ferrell asked Mr. McVey has he just participated basically in Progressive farmer activities, sit on the board, or do you stand to benefit financially from the vote. Commissioner McVey said he doesn'tsit on the board. He is just aj producer. Attorney Ferrell said he doesn'tthink that the financial October4,2 2021 19 prohibition on voting matters in your personal interest is triggered there. County Manager Miller said he wanted to add that as aj producer, Commissioner McVey gets paid by Progressive Farmers group for the products that he sells at the markets and institutions and that lost sales during the pandemic. So, it is triggered. Attorney Ferrell said ift there is some compensation that may flow to Commissioner McVey based on this vote, then you' re not permitted to vote on it. Commissioner Oestreicher asked ifCommissioner Hall is compensated by the Board at EPIC Caswell. Commissioner Hall said no. Commissioner Oestreicher then asked ifh he received any financial considerations from EPIC and Commissioner Hall said no. Then Commissioner Oestreicher questioned why Mr. Hall could be recused. Attorney Ferrell said Mr. Hall is clearly an officer ofl EPIC Caswell. Commissioner Hall said yes. Attorney Ferrell said and Mr. Hall made the request on behalfoft the organization, orl he's participated in the request on behalfof the organization to receive some financing for that group. So again, it's not as direct as Commissioner McVey's, but it's close enough ifl he feels conflicted ini that way. There is certainly enough ofa question ini my mind to support a vote should the board want to take it. Chairman Owen asked how many other nonprofits we have awarded funds to. County Manager Miller said two to this point, which are the Pelham Community Center and the Caswell County Animal Shelter. Chairman Owen asked for the pleasure of the Board concerning the $10,000 A motion was made by Commissioner Oestreicher and seconded by Commissioner McVey and carried 5-1 to provide $10,000 to EPIC Caswell from this fund. (Commissioners Carter, Jefferies, McVey, Oestreicher and Owen voted in favor, and Commissioner Dickerson voted Chairman Owen said now for the second item, which is Piedmont Progressive Farmers. Did you say that we had placed a limit of $10,000 on these grants? The County Manager said yes, but he knew that the Progressive Farmers group has losses that exceeded $10,000 and they asked if they could apply for more. The County Manager said sure go ahead and put it in your application, but just know this will involve ai more thorough review process than a regular grant would. Because oft the amount and the involvement ofa a current commissioner the County Manager wanted tol bring this before the Board. Commissioner Dickerson asked Brian Ferrell for ai request to come before the Commissioners by a former commissioner and a sitting commissioner is on financial benefit from this if we give to this fund, is this legal? At least it will seem improper to the people ini this county. What is your take on that? Brian Ferrell said he thinks the general prohibition against voting on matters that are: for your own financial interest isas statutory one that perhaps prohibits conflicts ofinterest of that nature. Attorney Ferrell doesn't! believe it prohibits, as long as that member doesn'tvote, the board from taking action on the matter, otherwise. Commissioner Dickerson said so legally we can doi it, but morally it isn'tright. Attorney Ferrell said he would not characterize it that way, but he does understand the perception issue that Mr. Dickerson is mentioning. Chairman Owen asked what the pleasure grant for EPIC Caswell. against it. Commissioner Hall was recused from this vote) October4,2021 20 ofthel Board was concerning the: request from Progressive Piedmont Farmers for the $21,000 A motion was made by Commissioner Dickerson to deny the request. Hearing no second, the Then a motion was made by Commissioner Hall and seconded by Commissioner Jefferies to Commissioner Dickerson asked was there a $10,000 cap on the grant request. The County Manager said that is the way the grant application was written. Ifyou write a grant application, you: need a certain amount ofdata for a $5,000 grant. Ifyou're asking for more than $5,000, say $10,000, you are expected tol be a little bit more thorough than you would for a $5,000 application. This is a $21,000-S22,000 application sO it's not sO much a cap on the grant, that's the way the grant application is written. It contained enough information to where you can make ac decision on the $10,000 appropriations. The County Manager did say that PPFG provided a lot ofinformation in their application, and you have all been able to review that. It was emailed to each member. It was $100,000 appropriated currently we sat at probably $45,000 appropriated with no other pending applications. Chairman Owen said sO the $10,000 isj just a number that requires more documentation as they move up, and the County Manager said that is correct. Chairman Owen said we have a motion and a second. Then they took the vote and the motion carried 4-2( (Commissioners Carter, Hall, Jefferies, and Owen voted for, and Commissioners Dickerson and Oestreicher voted against. Commissioner McVey abstained from voting) SURPLUS OF SOLID WASTE MATERIAL HANDLING EQUIPMENT: grant. motion fails. approve the request for Piedmont Progressive Farmers. The County Manager said we: request the Board deem the old, inoperable, and seized solid waste material handling equipment recently replaced with the purchase of new equipment as surplus. We will move through the process to sale or dispose oft the old equipment ift the Board approves the surplus. Chairman Owen said that is the equipment we are replacing now. County Manager Miller said one ofthe major issues is right now we can'ti move the equipment because it is stuck ini its current location with the arm down over the side. We: really need aj piece of equipment to move it. We need it gone sO we can operate the new equipment. That's why we are asking for the equipment to be surplus. Commissioner Carter asked how you will move the equipment. County Manager Miller said we are going to puti it in the proposal package that whoever wins the bid is responsible for moving it. Chairman Owen asked if we do: not get a bid, how will we: move it. It needs to be moved anyway. The County Manager said yes, if we don'tg get a bid to move it, what we will do is contract with some local people here to help us remove the hydraulics and hoist the arm up. Those are things that are beyond the capabilities of our Solid Waste and Maintenance crew. We will contract with some local folks to help us do that. We will geti it done and get it out October 4, 2021 21 ofthe way, but it will just be easier and less time consuming ifwe had a company come in, doi it and take the equipment away as part oft the purchase. Chairman Owen asked ift there were any more questions. Ifnot, we need a motion to surplus the Solid Waste material handling equipment. A motion was made by Commissioner Carter and seconded by Commissioner Dickerson and carried unanimously to surplus the piece of Solid Waste equipment. (Commissioners Carter, Dickerson, Hall, Jefferies, McVey, Oestreicher and Owen voted for the motion) Commissioner Carter said since wel have the Solid Waste director here, can I ask a question. Commissioner Carter said he had several complaints about the trash dump and illegal people from Virginia coming to the Pelham not being sued. Mr. Carter said when he went by there it was a truck from Virginia with four containers on the back dumping them. When he came back through two more cars were sitting there. Have we put up any cameras over there? A.J. Fuqua said there are cameras there, but the ordinance is not strong enough. County Manager Miller said the ordinance was passed by the Board ofCommissioners and is the law in Caswell County. Ifai magistrate won'tu uphold the ordinance, the magistrate won't uphold the ordinance. But the ordinance is the law in Caswell County, as passed by this Board of Commissioners. If there's things we need to the ordinance, then we: need to do those things to get the magistrate in favor ofit. What wel have in the ordinance is the law passed by this Board of Commissioners. A.J. Fuqua said we are still working on the ordinance with the Sheriff's Office. The County Manager said we plan to set up a meeting with the DA, ADA, the Sherriffa and the Board. We weren'tp planning on going through that process until we got through zoning and the other associated additional meetings. We didn't want to add that in on to the Boards plate. Commissioner Carter said ifa an officer sits there for an hour, he could write a bunch of tickets. County Manager Miller said Mr. Fuqua can you expand on how many we have prosecuted in the last year for illegal dumping. Mr. Fuqua said he has prosecuted 5 people and the Sheriff's Office has also prosecuted some, but he is not sure oft the exact number. They have prosecuted atl least between 5 and 10j people that have been to court for illegal dumping. Bryan Miller said he don't want the misconception to be that we are not following through on these types of things but being at the state line it is much more. likely. Commissioner Carter asked ifv we could put a sign up stating dumping for NC residents only. The County Manager said no we can't do that, but we can put signs up that say Caswell County residents only. A.J. Fuqua said just the other week, he was in Providence checking the site. A Virginia car pulled in and Mr. Fuqua went over to talk with them and tell them who he was. It was a male and female. The male was from Virginia, and he was hauling his daughter's trash. She had her light bill and everything to identify that she was a Caswell County resident but didn'town a truck. Her dad came out to haul her trash. They were checked because they had Virginia tags. Commissioner Carter said that is why the Providence and Pelham sites are staying full because you got the people from Virginia dumping there. Chairman Owen said sO we need to go ahead and do that meeting as October4, 2021 22 soon as we can. Then Commissioner McVey asked ifv we had gotten the new equipment in. A.J. Fuqua said no, we are waiting on the grapple to get here to geti it installed. Mr. Fuqua said he will check on it this week to see ifh he can get a date. Commissioner Dickerson said he would like to reiterate what Commissioner Carter said. This problem has been going on for a while. We need to have a solution to this. Ifthat is enforcement or increased fines for out ofCounty people or non-Caswell residents dumping trash here. Commissioner Dickerson would like to have that explored thoroughly. The fine of $500 is not nearly enough when you are talking about the taxpayers ofthis county having to foot the bill for everything someone dumps here illegally. We need to follow through with what we are talking about and have a public awareness campaign to start enforcing this. With increased fines, we can stop this and be fair to our taxpayers. COUNTY MANAGERS UPDATES: County Manager Miller had 4 updates. Mr. Miller wanted to inform the Board that we have reached a point of substantial completion on the Bartlett Yancey High School and their certificate of substantial completion has been issued to the contractor and to us. That means that the high school can start storing a lot of the furniture and things like that that's needed to reopen inside the building, while the contractor finishes the punch list. Due in part to the retirement of a tenured employee at the library, we are going to movea library assistant Ii into a full-time position. He's currently at 34 hours a week, and we are going to move him to about 401 hours a week. The cost of that move will be about $4,000 a year. It's very minor cost adjustment, but it very well may be offset by the retirement oft the tenured employee. Does the Board have any questions about that? Chairman Owen asked sO are we: intending to hire anyone in that retiring position. County Manager Miller said yes, we will rehire someone in that position, but as you escalate through years of service, your salary increases. Chairman Owen then asked do we plan to keep this person at 40 hours at the time when someone has been hired. Mr. Miller said yes. The employee is currently at 36 hours, SO it's really only 4 hours a week we are talking about. It helps with the continuity of operations for the library to have additional people able to work evening hours and weekend hours. Mr. Miller also wanted to inform the Board that he has received a public records request for copies ofall correspondence between representatives of Caswell County and Senator Berger between the dates of August 10, 2021 and August 30, 2021. So, what Mr. Miller will ask members of the Board to do is, ifyou have correspondence between yourself and Senator Berger orl his office during those dates, please send them to me sO we can compile them and complete the public records request. Please do that by this upcoming Friday. To put a timeline on it sO we know when to get the information back. Other than that, Mr. Miller was explaining to Commissioner Carter that because of the lack of cars that we. have available for auction right now, there are some office items (some old October4,2021 23 desks, bookshelves, and things like that) at Guilford Mills in offices that have been vacated that we would usually include those in a bulk surplus. The Board's given me authorization to surplus items up to $500. Ifit's okay with the Board, Mr. Miller will go ahead and surplus those items and move forward with that. Ifnot, we can store them, but Guilford Mills is kind ofold, damp, and musky especially for wood furniture and things like that. Chairman Owen said he would agree we do not need to store anything like that that we: may not be needing. Mr. Miller said he sincerely think that the value oft the items, if we find a buyer, would be less than a combined total Commissioner Oestreicher asked for the dates again on the record request and Bryan Miller said of$200. between August 10, 2021 and August 30, 2021. COMMISSIONER COMMENTS: Commissioner Jefferies: Mr. Jefferies wanted to know what the County Planner had found out about Jack Pointer Road because they still have the same problem, and nothing seems to have been moved. Matthew Hoagland has left. There are certain timej periods they have to comply with the letters that they were sent. They may not respond. Ift they do not respond, then we issue acivil penalty. Mr. Miller can'ttell you where we are right now but ify you want to stay for a few minutes after the meeting, Mr. Miller said he would bel happy to call the Planning Director. Chairman Owen asked ifMr. Miller would find out and send an email to all the Commissioners Commissioner Hall: Mr. Hall received a complaint from a very irate senior citizen concerning the grass around the Senior Center. Mr. Hall said he was not sure why this citizen was sO upset, but he was. His concern was that we are getting the grass cut but we are not weed eating around the edge oft the building. Mr. Hall assured the citizen that he would talk to someone about that. Mr. Hall is sure that if that is the case, we can find someone to do a little weed eating. Soj just to bring the Board up to speed on this. After our recent conversations, Mr. Miller said he has requested at least one quote for doing all the county trimming, weed eating, and mowingjustt to access the viability ofi moving in that direction without adding additional staff. So, hopefully we Commissioner Owen: First ofa all, there are numerous bills that are being ready to hit the floor and Chairman Owen will send them out to get the Board's feedback to see ift there are any they need to be concerned about. There is one that refers to taking land and putting it on the wildlife. He can'tremember the exact wording, but they think it will be a reduction in the value ofland that we can tax. Chairman Owen thinks that is something the Board needs to be concerned about. We don't have the luxury on anything other than property tax to supplant what we do. Chairman Owen will send that out SO the Board can read over it. There is one that has passed that Mr. Owen wanted to make everyone aware of. Starting in October, not sure of what the date is, there will be ATVs conforming to certain standards allowed on certain highways in North Carolina. It is up to DOT to determine which roads they are allowed on. They do have to meet certain SO1 they are aware of the steps that have already been taken. should get that quote back soon, and that will address this situation. October4,2 2021 24 requirements Mr. Owen will send that to the Board as well, but it has already been passed. We need tol be aware oft that and gol by DOT to see what roads they have designated. There are certain speed limits that are required and that sort oft thing regarding roads they can be on. Chairman Owen was not aware of that until a constituent called him. Mr. Owen began to research it and found out it had already passed and takes effect this month. Mr. Owen will be sending out some bills through our clerk. Ifyou have any concerns just send those to Chairman The other thing Chairman Owen started to bring up when we were dealing with the zoning issue, but he decided to wait. Mr. Owen is a little concerned about the Planning Board. Number one, they have a statutory requirement that they are to do. Evidently, they did that in the first letter, saying that there were no issues with the current zoning map with our land use policy or comprehensive plan. Then for them to turn around and try to rescind that letter when it's not true. There are no problems that the map had with the comprehensive plan. That bothers Mr. Owen. They stepped outside their realm. Either they messed up the first time and it didn'tmeet those requirements or the second time they decided they didn't want to say it. Mr. Owen said he didn't want to bring zoning back up, but he just has a concern about that. Thel biggest concern is the last part oft that letter. Our Planning Board is designed for specific purpose. They can have all the private opinions they want, and they can express those outside. When they represent the Caswell County Planning Board, Mr. Owen does not think it is appropriate for that board to make political statements. They have to remember, as well as all oft the boards, we appoint members, and we can dismiss members. Chairman Owen said he is not suggesting that, but hei is just saying itis very disappointing to see a Board representing Caswell County take on a political atmosphere. That is something we need to be very careful about. Our boards, when they are representing Caswell County, and they have a statutory requirement to do certain things that's what they need to stayi in. Commissioner Carter agrees with Chairman Owen. Most of these boards are advisory boards to the Commissioners and Mr. Carter doesn'tt think any of them Owen and the Board can look at those at a later date. should take aj political stance. ANNOUNCEMENTS AND UPCOMING EVENTS: October 5, 2021 Cycle NC-County Manager Miller said we are planning to have food for Cycle NC, SO ift the Commissioners are in the area or you want to come by, we will have food here available for you. Chairman Owen said we will have a rest stop at Cherry Grove Fire Department and the main stop here in Yanceyville. Lunch will be as they come through. So, we are looking forward to that. Ifyou get a chance come by and speak with some oft them. What time are we expecting the cyclists? Between 9:30 am and 1:00 pm. Attorney Ferrell reminded the Chairman when he is wrapping up today that you're going to consider adjourning to a time and date certain for the continuation oft this meeting, for your redistricting discussion. October4,2021 25 COVID Update: Local Health Director, Jennifer Eastwood, said she don't have al big update. Our numbers dipped a little bit last week, but they have gone back up this past week. We're continuing to follow the latest guidance for vaccinations. Ifanybody has any questions, Mrs. Eastwood said she would be happy to answer them, but there's not a lot ofr new news to share. Three weeks ago, we were at 142 cases. Two weeks ago, it dipped down to 85, and this past week we were back up to 100. So, we just kind of had a little dip, and we look loke we'r re going Chairman Owen recessed the meeting until Tuesday evening, October 5, 2021 at 5:00j pm at the upj just a little bit again. ADJOURNMENT: Gunn Memorial Library to discuss redistricting. Carla R. Smith Clerk to the Board Attachments: DavidJ. Owen Chairman October4, 2021 26 CASWELLCOUNTY Area Transportation System To: The Caswell County Board ofCommissioners From: Melissa Williamson, Director ofCATS Date: September! 9, 2021 mdws Project Grant Applications RE: FY2023 Community Transportation Program, Capital 5310, and Capital Call for Caswell County Area Transportation System is required to complete the Community Transportation Grant Application and the Capital Call for Project Grant Applications for We are required to hold a Public Hearing on the proposed projects to allow members of the community the opportunity to comment on the transportation needs and the grant applications. The Public Hearing will be held at the Board of Commissioners meeting on We are: requesting to replace our current camera equipment on our buses and to have the equipment for our two-way radios updated/installed on the tower in FY 2023 Capital grant application. We are requesting Administrative funding in the 5311 CTP application. The Capital 5310 purchase of service's objective is toj provide transportation services that meet the special needs of elderly persons and person with disabilities to who mass transportation services are unavailable, insufficient or inappropriate. We need to have a motion made by a Board member and seconded by another Board member for the adoption of the Section 5311 CTP Application and Capital Call for Projects Program and: resolution and put to a vote to duly adopt the resolution. Our grant is due to PTD by October 8, 2021. Please note that if the standard language included in the Resolution provided by PTD is altered or changed in any way we will be required to submit a new Resolution. The requirement to submit a new Resolution may result in a All local matching funds required are transportation dollars. No ad valorem tax dollars are required for the operation of CATS. CATS is operating as a stand-alone enterprise fiscal year 2022-2023 by October 8, 2021. October 4, 2021. delay in approval of our CTP grant application and funding availability. fund. Thank you for your cooperation in this matter. P.O.1 Box 371 +206 County Park Road . Yanceyville, NC27379 Phone 336-694-1424-1 Fax 336-694-1144 . email mwilimson@caswellcountyne.gov PUBDCTRANSPORTATIONIPROGRAMRESOLUTION FY2023 RESOLUTION Section 5311 (including ADTAP), 5310, 5339, 5307 and applicable State funding, or combination thereof. Applicant seeking permission to apply for PublicTransportation Program funding, enter into agreement with the North Carolina Department of Transportationy, provide the necessary assurances and the required local match. Ar motion was madel by (Board. Member's Name) Name or N/A, ifnot reguired). being put to a vote was duly adopted. and seconded by (Board Member's for the adoption oft the following resolution, and upon WHEREAS, Article 2B of Chapter 136 oft the North Carolina General Statutes and the Governor of North Carolina have designated the North Carolinal Department of Transportation (NCDOT) as the agency responsible for administering federal and state public transportation funds; and WHEREAS, thel North Carolina Department of Transportation will apply for a grant from the US Department of Transportation, Federal' Transit Administration and receives funds: from the North Carolina General Assembly toj provide assistance for rural public transportation projects; and WHEREAS, the purpose of these transportation funds is toj provide grant monies tol local agencies for the provision of rural, small urban, and urban public transportation services consistent with thej policy requirements of each funding source. for planning, community and agency involvement, service design, service alternatives, training and conference participation, reporting and other requirements (drug and alcohol testing policy and program, disadvantaged business enterprise program, and: fully allocated WHEREAS, the funds applied for may be Administrative, Operating, Planning, or Capital funds and WHEREAS, non-Community Transportation applicants may apply for funding for "purchase-of- service" projects under the Capital Purchase of Servicel budget, Section 5310j program. WHEREAS, (Legal Name of Applicant) Caswell County hereby assures and certifies that it will provide thei required local matching funds; that its staff] has the techniçal capacity toi implement and manage the project(s), prepare required reports, obtain required training, attend meetings and conferences; and agrees to comply with the federal and state statutes, regulations, executive orders, Section 5333(b) Warranty, and all administrative requirements: related to the applications made to and grants received from the Federal Transit. Administration, as well as the provisions of Section 1001 of' Title 18, U.S.C. costs analysis); and will have different percentages of federal, state, and local funds. 1 Revised 06-30-21 WHEREAS, the applicant has or will provide all annual certifications and assurances toi the State of North Carolina required for thej project; NOW, FIEREFORE, bei it resolved that the (Authorized Official's Title)" Countyl Manager of (Name of Applicant's Governing Body) Caswell County Board of Commissionersisl hereby authorized to submit grant application (s) for federal and state funding in response tol NCDOT's calls for projects, make the necessary assurances and certifications and be empowered to enter: into an agreement with the! NCDOTt to provide rural, small urban, and urban public transportation services. I(Certifying Official's Name)" (Certifying Official's Title) Clerk to the Board do hereby certify that the above is at true and correct copy of an excerpt from the minutes of a meeting of the (Name of Applicant's Governing Board) Caswell County Board of Commissioners duly held on the 4th day of October, 2021. Signature ofCertifying Official "Note that the authorized official, certifying official, and notary public should be three separate individuals. Seal Subscribed and sworn to: me Affix Notary Seal Here (date) Notary Public" Printed. Name and. Address My commission expires (date) 2 Revised 06-30-21 5311 DESIGNEE CERTIFICATION FORM Resolution No. Resolution authorizing the filing of applications with the North Carolina Department ofTransportation- Integrated Mobility Division for grant years. FY2023-FY2027, for federal transportation assistance authorized by 491 U.S.C. 5311, United States Code, other federal statutes administered by the Federal Transit Administration or state statutes administered by the State ofNorth Carolina. WHEREAS, the North Carolina Department ofTransportation has been delegated authority to award federal financial assistance for transit projects as allocated throughout North Carolina by County; NOW, THEREFORE, BEI IT RESOLVED BY (County Commission of Caswell County) 1. That (County) Manager) is authorized to execute and: file an application for federal assistance on behalfof (Caswell County) with the State ofNorth Carolina for federal assistance authorized by 491 U.S.C. Chapter 5311 United States Code, other federal statutes or state statutes authorizing aj project administered by the 2. That (Caswell Co. Area Transportation System Director) is authorized to execute and file with its applications the annual certifications and assurances and other documents the State ofNorth Carolina 3. That (County) Manager) is authorized to execute grant and cooperative agreements with the State ofNorth Federal Transit Administration. requires before awarding a federal assistance grant or cooperative agreement. Carolina on behalf of (Caswell County). The undersigned duly qualified (Chairman oft the Board ofCommissioners), acting on behalfofthe (County Commission of Caswell County), certifies that the foregoing is a true and correct copy ofa resolution adopted at al legally convened meeting oft the (County Commission of Caswell County) held on (October, 4th, 2021) [Ifthe. Applicant has an official seal, impress here.] (Signature of Recording Officer) (Title ofRecoding Officer) (Date) PUBLICI HEARING: NOTICE Section 5311 (ADTAP), 5310, 5339, 5307 and applicable State funding, or combination thereof. This ist toi inform the public that aj public hearing willl bel held on thej proposed Caswell County Community Transportation: Program Application tol be submitted to thel North Carolina Department of Transportation nol later than October 8. 2021. Thej public! hearing willl bel held on October 4, 2021 at 9:00 AMI before the (governing board) Those interested in attending thej public hearing and needing either auxiliary aids and services under the Americans with) Disabilities Act (ADA) or al language translator should contact Melissa Williamson on or before September 27.2021, ati telephone number 336-694-1424 Ext. 2 or via email ati Mlaamesumye"A The Community Transportation Program provides assistance to coordinate existing transportation programs operating in Caswell County as well as provides transportation options and services for the communities within this service area. These services are currently provided using demand response. Services arei rendered by CATS Caswell County Board of Commissioners fleet. The total estimated amount requested fori the period Iwly1.2 2022 through June 30. 2023. NOTE:Local share amount is subject to State funding availability. Project Total Amount $125,959.00 $ Local Share Administrative Operating (5311) $18,895.00 (15%) $ (50%) Capital (Vehicles & Other) $3,939.00 (10%) $39,379.00 $20,000.00 5310Capital Other $2,000.00 (10%) $ $24,834.00 $ $185,338.00 (%) TOTAL PROJECT Total Funding Request Total Local Share This application may bei inspected at Caswell County Area TransportationSystem: from 80OAM-50OPM. Written comments should be directed tol Melissa Williamson) before September27.2021 End ofl Notice Note: AN ORIGINAL COPY of the published Public Hearing Notice must be attached toa signed Affidavit of Publication. Both the Public Hearing Notice and the Affidavlt of Publication must be submitted with the grant application. FY2023 LOCALSHARE CERTIICATIONEONFORFUNDING Caswell County (Legal Name of Appliçant) Requested Funding Amounts Project 5311 Administrative 5311 Operating (No Statel Match) 5310 Operating (No State Match) 5307 Operating 53071 Planning Combined Capital Mobility Management 5310 Capital Purchase of Service Total Amount $125,959.00 $. $_ $. $. $39.379.00 $. $20,000.00 $. $. $. Local Share"* $18.895.00 (15%) $. (50%) $_ (50%) $. (50%) $. (10%) $3.939.00(109) $. (50%) $2.000.00(10%) $. (%) $_ (%) $-(%) Funding programs covered are! 5311, 5310, 53391 Bus and' Bus Facilities, 5307 (Small: fixed route, regional, and consolidated urban-rural systems) TOTAL $185.338.00 Total Funding Requests $24.834.00 Total Local Share **NOTE: Applicants should be prepared fori the entire Local Share amount in the event State funding is not available. The Local Share is available from the following sources: Source of] Funds Enterprise Funds Enterprise Funds ROAPE&D Applyto Grant 5311Admin Capital Amount $18.895.00 $3.939.00 $2.000.00 53101 Purchase of Service TOTAL $24.834.00 ** Fare box revenue is not an applicable source for local share funding 1, the undersigned representing (Legal Name of4 Applicant) Caswell County do hereby certify to the North Carolina Department of Transportation, that the required local funds for the FY2023 Community Transportation Program and 5307 Governors Apportionment willl be available as of Iuly1,2022, which has aj period of] performance of] July 1, 2022- -June 30, 2023. Signature of Authorized Official Bryan Miller, County Manager Type Name and Title of Authorized Official October 4, 2021 Date DBEGOODFAITHL EFFORTS CERTIFICATION This is to certify that in all purchase and contract selections (Legal Name of Applicant) Caswell County is committed to and shall make good faith efforts to purchase from, and award contracts to, Disadvantaged DBE good faith efforts will include the following items that are indicated by check mark(s) or narrative: Business Enterprises (DBEs). Required Check all by IMD thatapply Description X D R K R B K D D Write al letter/email to Certified DBEs in the service area toi inform them Document telephone calls, emails and correspondence with or on Advertise purchase and contract opportunities on local' TV Community Request purchase/contract price quotes/bids from DBEs; Monitor newspapers for new businesses that are DBE eligible Encourage interested eligible firms tol become NCDOT certified. Interested firms should contact the office of contractual services at (919) Encourage interested firms to contact the Office of Historically Underutilized Businesses at (919) 807-2330 for more information Consult NCDOT Certified DBE Directory. Al DBB company willl be listed ini the DBE Directory for each work type or area of specialization thati it performs. You: may obtain a copy of this directory at htps/wwwebsnegov/lende:Diredoory/defaulthtm! of purchase or contract opportunities; behalf ofl DBEs; Cable Network: 707-4800 for more information Other efforts: Describe: Other efforts: Describe: You may obtain a copy of the USDOT Disadvantaged Business Enterprise Program Title 49 Part 26 at Reminder: Documentation of all good faith efforts shall be retained for a period of five (5) years following Icertify that, to thel best of myl knowledge, the above information describes thel DBE; good faith efforts. https/www.ebsnegoy/endo:Dirstooryllefault.html the end oft the fiscal year. October 4.2021 Date Signature of Authorized Official Bryan Miller, County Manager Type Name and' Title of Authorized Official CASWELL COUNTY - BOARD OF COMMISSIONERS DISTRICTS EXISTING DISTRICTS 3) 2) 5 CASWELL COUNTY - BOARD OF COMMISSIONERS DISTRICTS PROPOSED REDISTRICTING 2021 (3) D @ 2) 6) Proposed 2020 Total 2020 Minority Percent District 1 2 3 4 5 Total Population 4,516 4,514 4,514 4,546 4,646 22,736 Population Minority 1,228 27.19% 1,296 28.71% 2,371 2,350 51.69% 1,455 8,700 38.27% 52.53% 31.32% Existing 2010 Total 2010 Minority Percent District 1 2 3 4 5 Total Population 4,537 4,837 4,973 4,697 4,675 23,719 Population Minority 24.66% 28.63% 55.56% 56.42% 1,119 1,385 2,763 2,650 1,289 27.57% 9,206 38.81% $153A-22. Redefining electoral district boundaries. (a) If a county is divided into electoral districts for the purpose of nominating or electing persons to the board of commissioners, the board of commissioners may find as a fact (b) If the board finds that there is substantial inequality of population among the (c) Redefined electoral districts shall be SO drawn that the quotients obtained by dividing the population of each district by the number of commissioners apportioned to the district are as nearly equal as practicable, and each district shall be composed oft territory within (d) No change in the boundaries of an electoral district may affect the unexpired term of office ofa commissioner residing in the district and serving on the board on the effective date of the resolution. If the terms of office of members of the board do not all expire at the same time, the resolution shall state which seats are to be filled at the initial election held under the (e) Ar resolution adopted pursuant to this section shall be the basis of electing persons to the board of commissioners at the first general election for members of the board of commissioners occurring after the resolution's effective date, and thereafter. A resolution becomes effective upon its adoption, unless it is adopted during the period beginning 150 days before the day of a primary and ending on the day of the next succeeding general election for membership on the board of commissioners, in which case it becomes effective on the first day (f) Not later than 10 days after the day on which a resolution becomes effective, the clerk shall file in the Secretary of State's office, in the office of the register of deeds of the county, and with the chairman of the county board of elections, a certified copy of the (g) This section shall not apply to counties where under G.S. 153A-58(3)d. or under public or local act, districts are for residence purposes only, and the qualified voters of the entire county nominate all candidates for and elect all members oft the board. (1981, c.7 795.) whether there is substantial inequality of population among the districts. districts, it may by resolution redefine the electoral districts. a continuous boundary. resolution. after the end oft the period. resolution. G.S. 153a-22 Page 1 Southeast Caswell Zoning Map Hyco Lake Zoning (no change) Leasburg Caswell County Voting Precincts Legend TaxParcels Centefline CASWELL_vdp p2_precincts llothery desc ANDERSON LEASBURG LOCUST MLTON PELHAM PROMIDENCE STONEY CREEK Town of Yanceyville Zoning Districts Residential Agricultural General Business Prospect Hill Anderson ARTICLE 5. ZONING DISTRICTS Section 5.1 Establishment of Zoning Districts. Section 5.2 Interpretation. Section 5.3 Primary Zoning Districts. Section 5.5 General Requirements. Section 5.6 Uses' Within District.. Section 5.7 Conditions Section 5.9 Procedure.. 5-2 5-2 5-2 5-3 5-4 5-6 5-6 5-6 5-6 5-9 5- 5-12 5-14 Section 5.4 Establishment of Conditional Zoning Districts. Section 5.8 Non-Compliance within District Conditions Section 5.10 Official Map Adopted-District Boundaries Established Section 5.11 Bona Fidel Farm Exemption.. Section 5.12 Table of Permitted/Special Uses. Section 5.13 Table of Area, Yard, and Height Requirements 11 NOTE: Article 5 applies only to the zoned Hyco Lake area of Caswell County, as depicted on the Hyco Lake Zoning Map, and the area including the Anderson, Hightowers, Leasburg, and Prospect Hill Voting Precincts of Caswell County as depicted on the Southeast Caswell Zoning Map. September 16, 2013 Page 5-1 Article 5 ARTICLE 5. ZONING DISTRICTS SECTION 5.1 ESTABLISHMENT OF ZONING DISTRICTS. In accordance with the requirements of NCGS 160D-703 that zoning regulation be by districts, () thel Hyco Lake area, as shown on the Hyco Lake Zoning Map, is hereby divided into zoning districts (the "Hyco Lake Area"), and the unincorporated areas of the County including the Anderson, Hightowers, Leasburg, and Prospect Hill Voting Precincts, as shown on the Southeast Caswell Zoning Map are hereby divided into zoning districts (the "Southeast Caswell Area"), both of which shall be governed by all of the uniform use and dimensional requirements of this Ordinance. The purposes of establishing the zoning districts are: To implement adopted plans; To promote public health, safety, and general welfare; To provide for orderly growth and development; To provide for the efficient use of resources; To facilitate the adequate provision of services. SECTION 5.2 INTERPRETATION. Zoning districts have uses specified as permitted by right, special uses, and uses permitted with supplemental regulations. Detailed use tables are provided in Section 5.4s showing the uses allowed ine each district. The following describes the processes of each of the categories that the uses are subject to: Permitted by Right: Administrative review and approval subject to district Permitted with Supplemental Regulations: Administrativer review and approval subject to district provisions, other applicable requirements, and supplemental Special Uses: Board of Adjustment review and approval of Special Use Permit subject to district provisions, other applicable requirements, and conditions of approval as specified in Section 4.5. Some Special Uses may also be subject to provisions and other applicable requirements only. regulations outlined in Article 6. supplemental regulations outlined in Article 6. SECTION 5.3 PRIMARY ZONING DISTRICTS. Fort the purposes of this Ordinance, the Hyco Lake Area is hereby divided into thei following primary zoning districts Resort Residential District (RR), Recreation Business District (RB), and Industrial September 16, 2013 Page. 5-2 Article 5 ARTICLE 5. ZONING DISTRICTS Park District (IP), and the Southeast Caswell Area is hereby divided into the following primary zoning districts esdenta/Agncutura (RA), Residential Agricultural Conditional District (RA-CD), General ResidentalAgriçulural (RA) refers generally tot the zoned area primarily used for single family and two-family residences, bona fide farms, agricultural operations, uses that are supplemental to General Business (GB) refers generally to the zoned area which excludes residential use and includes commercial, institutional, general business operations, and similar uses. The regulations set forth in this Ordinance shall apply within the zoning areas designated on the following Official Zoning Maps (1) the Hyco Lake Area as established by the County Commissioners on (DAT), and (i) the Southeast Caswell Area as established by the County Commissioners on Business (GB), and General Business Conditional District (GB-CD). agricultural operations, and nome-based businesses. DATE ), Caswell County, North Carolina. SECTION 5.4 ESTABLISHMENT OF CONDITIONAL ZONING DISTRICTS. Conditional Zoning districts (bearing the designation CD) corresponding to the general purpose zoning districts in the Southeast Caswell Area are permitted as authorized in this ordinance. 5.4.1. Purpose Conditional Zoning districts are: zoning districts in which the development and use oft the property is subject to predetermined ordinance standards and the rules, regulations, and conditionsi imposed as part of the legislative decision creating the district and applying it to the particular property. Some land uses are of such a nature or scale that they have significant impacts on both the immediate surrounding area and on the entire community, which cannot be predetermined and controlled by general district standards. The review process established in this Ordinance provides for accommodation of such uses by a redassification of property into a conditional zoning district, subject to specific conditions, which ensure compatibility oft the use with neighboring properties. A conditional zoning districti ist noti intended for securing early: zoning for a proposal, except when that proposal is consistent with an approved land use plan ort the proposal can demonstrate that public infrastructure needed to serve the development will be made available within a reasonable time period. 5.4.2. Conditional Zoning Districts September 16, 2013 Page. 5-3 Article 5 ARTICLE 5. ZONING DISTRICTS ResidentalAgnculural Conditional District (RA-CD): identical to the (RA) district except that conditional rezoning is required as a prerequisite to any use or development, as provided for ini this ordinance. General Business Conditional District (GB-CD): identical to the (GB) district except that conditional rezoning is required as a prerequisite to any use or development, as provided fori in this ordinance. Property may be rezoned to a conditional zoning district only in response to and consistent with an Section 5.5 General Requirements application submitted in compliance with this section. .5.1.Applcation. Rezoning toad conditional zoning district shall only be considered upon request of the property owner or the authorized agent of the owner. In addition to the documents specified in subsection 5.6.2.1. below, all applications shall also contain the 1. The manner in which the proposed amendment will carry out thei intent and purpose The requested amendment is either essential or desirable fort the public convenience 3. All other circumstances, factors and reasons which the applicant offersi ins supportof following information: of any adopted plans or part thereof. 2. or welfare. the proposed amendment. 4. Information required on the application form received from the Planning Department. 5.5.2. Plans and other information to accompany application. 5.5.2.1. The application shall include a site plan, drawn to scale, with supporting information and text that specifies the actual use or uses intended for the property and any rules, regulations, and conditions that, in addition to the predetermined ordinance requirements, will govern the development and use of the property. The following information must be provided, if applicable: Information showing the boundaries of the proposed property; Ift the entire parcel will be zoned, a GIS or survey map and parcel number of the Ifonly a portion of the parcel will be zoned, a boundary survey and vicinity map showing the property's total acreage, parcel number, current zoning classification(s) and the general location in relation to major streets, railroads, and/or waterways, subject property; Legal Description of proposed conditional zoning district; September 16, 2013 Page. 5-4 Article 5 ARTICLE 5. ZONING DISTRICTS All existing and proposed easements, reservations, and rights-of-way; Proposed number and general location of all building sites, their approximate Proposed use of alll land and: structures, including the number of residential units and All yards, buffers, screening, and landscaping required by these regulations or All existing and proposed points of access to public and/or private streets; Stream buffers required through this or other Caswell County Ordinances or Regulations, and other Local, State, or Federal regulatory agencies. Delineation of areas within the regulatory floodplain as shown on the Official Flood Insurance Rate location, and their approximate dimensions; the total square footage of any nonresidential development; proposed by the applicant; Maps for Caswell County; Proposed phasing, if any; Generalized traffic, parking, and circulation plans; Proposed provision of utilities, including locations of wells and septic system; The location of known sites of historic or cultural significance within or adjacent to the project area, including any structure over 50 years old; The approximate location of any cemetery; Proposed number, location, and size of signs; any lighting will comply with Section 13; and Location and description of any proposed lighting ont the project site withan note that The location of existing and/or proposed storm drainage patterns and facilities intended to serve the proposed development, and impervious surface calculations 5.5.2.2. The Zoning Administrator has the authority to waive any application requirement where the type of use or scale of the proposal makes providing that information 5.5.2.3. In the course ofe evaluating the proposed use, the Zoning Administrator, Planning Board, or Board of Commissioners may request additional information from the applicant. unnecessary or impractical. This information may include, but not be limited to, the following: Proposed screening, buffers, and landscaping over and above that required by these regulations, as well as proposed treatment of any existing natural features; Existing and general proposed topography; Scale of buildings relative to abutting property; Exterior features of the proposed development; Height of structures; A traffic impact analysis of the proposed development prepared by a qualified professional. The traffic impact analysis shall follow the NCDOT TIA Analysis September 16, 2013 Page. 5-5 Article 5 ARTICLE 5. ZONING DISTRICTS Guidelines, and shall also include consideration for non-motorized and publid Any other information needed to demonstrate compliance with these regulations. 5.5.2.4. The site plan and any supporting text shall constitute part tof the application for all transportation; purposes under this section. Section 5.6. Uses Within District Within a conditional zoning district, only those uses listed (or determined to be equivalent uses) as permitted uses or conditional uses in the corresponding zoning district shall be permitted, and no use: shall be permitted except as a conditional use subject to approval lofaconditional: zoning district rezoning authorized by the Board of Commissioners as provided herein. Section 5.7. Conditions In approving a reclassification of property to aconditional zoning district, the Planning Department and Planning Board may recommend, and the Board of Commissionersi request, thatreasonableand appropriate conditions be attached to approval of the rezoning as permitted by law. Any such conditions should relate toi the relationship of the proposed use to: surrounding property, proposed support facilities such as parking areas and driveways, pedestrian and vehicular circulation, screening and buffer areas, the timing of development, street and right-of-way improvements, water and sewer improvements, storm water drainage, the provision of open space, and other matters that the Board of Commissioners may find appropriate or the applicant may propose. Such conditions to approval of the rezoning may include dedication to the County or State, as appropriate, of any rights-of-way or easements for roads, water, or other public utilities necessary tos serve the proposed development. The applicant shall have a reasonable opportunity to consider and respond to any such conditions prior to final action by the Board of Commissioners. Section 5,8. Non-Compliance with District Conditions Any violation of a use or condition included int the approval of a conditional zoning district shall be treated the same as any other violation of this Ordinance and: shalll be subject tot the same remedies and penalties as any such violation. Any violation of such a condition shall be deemed to be the same type of violation as the use of a property for a use not permitted under the district regulations, for the reason that any use permitted in a conditional zoning district is permitted only subject to the specified conditions. Section 5.9. Procedure Applications for new conditional zoning districts or expansion of existing Conditional Zoning Districts shall be processed, considered and voted upon using the following procedure. Before filing an application for a conditional zoning district, the applant)sencouraged to meet with thel Planning September 16, 2013 Page. 5-6 Article. 5 ARTICLE 5. ZONING DISTRICTS Department staff to discuss the nature of the proposed reclassification, the standards for development under the existing and proposed classifications, and concerns that persons residing in the vicinity of the property may have regarding the proposed recassification, if known. 5.9.1.5 Submittal to Planning Department 5.9.1.1.A.completed application and supporting information shall be submitted to the Planning Department at least thirty (30) days prior to Planning Board consideration. A digital copy oft the application and all accompanying materials shall 5.9.1.2. The Planning Department shall, before scheduling the public hearing, ensure that the application contains all the required information as specified in 5.9.1.3. The Planning Department shall have fifteen (15) days from the date of submittal to notify the applicant that the application is complete and the date which be submitted as well. Section 5.5 above. itwill be considered by the Planning Board. 5.9.1.3.1. If the Planning Department determines the information is not sufficient for review, the Department shall notify the applicant oft the specific 5.9.1.3.2. The Planning Department shall take no further action on the application until the applicant submits the required information. 5.9.1.3.3. Once the applicant corrects the identified deficiencies, the applicant shall resubmit toi the Planning Department atl least 30 days prior to Planning Board consideration, and the Department shall have 15 days to review the information and notify the applicant that the information is 5.9.1.3.4. A determination that an application contains sufficient information for review as provided int this subsection does not limit the ability of other county agencies, the Planning Board or thel Board of Commissioners to request additional information during the review process. information that is required for review. sufficient for review. 5.9.2 Community Meeting The applicant is required tol holda a community meeting prior tot the application deadline fora conditional zoning district rezoning. The applicant shall provide mailed notice of the meeting. September 16, 2013 Page. 5-7 Article 5 ARTICLE 5. ZONING DISTRICTS Notice of the meeting shall be provided to owners of abutting property, as listed the Caswell County Tax Department, and include properties directly acrossa with street, easement or public or private right of way. Notice may be sent to additional properties by the applicant. Atar minimum, ther notice shall be sent by standard mail and be postmarked atl least fourteen (14) days prior to the date of the community meeting. Additional types of notice may be provided by the applicant. 5.9.2.1. A written report of the community meeting shall be included as part of the application packet. The written report oft the meeting shalli include a listing oft those persons and organizations contacted about the meeting and the manner and date of contact, the time, date, and location of the meeting, a roster of the persons ina attendance at the meeting, a summary ofi issues discussed att the meeting, and a description of any changes to the rezoning application made by the Int the event the applicant has not! held atl least one meeting pursuant to this subsection, the applicant must file a report documenting efforts that were made to arrange such a meeting and stating the reasons such a meeting was not held. The adequacy oft the meeting held or a report filed pursuant to this subsection shall be considered by the Board of Commissioners, but: shall applicant as a result of the meeting. not be subject to judicial review. 5.9.2.2. Revisions to existing Conditional Zoning Districts and existing Special Use Permits shall not require a community meeting if the physical boundaries of the district or permit are not proposed to be expanded. 5.9.3. Rezoning Process Following the Community Meeting, amendments for rezoning shall follow the procedures set forth in Article 4, Section 4.1. 5.9.4. Effect ofApproval 5.9.4.1.If: an application for conditional zoning is approved, the development and use oft the property shall be governed byt the predetermined ordinance requirements applicable to the district's dassification, the approved site plan for the district, and any additional approved rules, regulations, and conditions, all of which shall September 16, 2013 Page. 5-8 Article 5 ARTICLE 5. ZONING DISTRICTS constitute the zoning regulations for the approved district and are binding on the property as an amendment to these regulations and the zoning maps. 5.9.4.2.If an application is approved, only those uses and structures indicated in the approved application and site plan shall be allowed on the subject property. A change of location of any structures may be authorized pursuant to subsection 5.9.4.3. Following the approval of a rezoning application for a conditional zoning district, the subject property shall be identified on the Zoning Map by the 5.9.5. appropriate district designation. 5.9.4.4. Upon completion of the development subject to the conditional rezoning, an as-built site plan shall be produced. This site plan shall include the rezoning conditions and the date of their approval on thet face of the plat. The plat shall be at least 18 inches by 24 inches in size and recorded with the Caswell County Register of Deeds no more than 30 days after a Certificate of Occupancy is received. 5.9.4.5.Any conditional zoning district shall have vested rights pursuant to Section 4.3. 5.9.5.Alterations to Approval 5.9.5.1. Except as provided in subsection 5.9.5.2., changes to the approved conditional zoning district application or to the conditions attached to the approval shall be treated the same as a new application for a conditional zoning district and shall be processed in accordance with the procedures in Section 5.9. 5.9.5.2.7 The Zoning Administrator shall have the delegated authority to approve an administrative amendment change to an approved site plan. The standard for approving or denying such a requested change shall be that the change does not significantly alter the site plan or its conditions and that the change does not have a significant impact upon abutting properties. Any changes thati increase thei intensity of the development are limited for nonresidential development to 10% of the approved building square footage or 5,000 square feet, whichever is less or they will be considered significant alternations. For residential development, increases in 5.9.5.3. The Zoning Administrator shall always have the discretion to decline to exercise the delegated authority because a rezoning application fora a public hearing and Board of Commissioners action is deemed appropriate under the circumstances. density are not allowed as an administrative change. September 16, 2013 Page. 5-9 Article 5 ARTICLE 5. ZONING DISTRICTS Ift the Zoning Administrator declines to exercise this authority, thent the applicant can only file a rezoning application for a public hearing and Commissioner decision. Section 5.10 OFFICIAL MAP ADOPTED - DISTRICT BOUNDARIES ESTABLISHED 5.10.1. Zoning Map The location and boundaries of zoning districts shall be as kept in spatial databases entitled Zoning"and" "Zoning Overlays" that are maintained as part of the Caunysgagapc.mtomain system (GIS). This depiction of zoning boundaries along with additional reference data ini the GIS shall constitute the Official Zoning Mapi for the County'szoning. jurisdiction, and is adopted intoi this Ordinance by reference. The County Clerk, as applicable, may upon validation by the Planning Director, or designee, certify a paper copy of the Official Zoning Map, or portions of the map, as a true and accurate copy of the Official Zoning Map, or a portion thereof, under the authority of G.S. The Planning Director, or designee, shall direct the county's GIS Department to revise the Official Zoning Map when amendments are passed by the governing body in accordance with this section. The Planning Director, or designee, shall also cause a correction of errors in the map as they are No unauthorized person may alter or modify the Official Zoning Map. Errors in the Official Zoning Map shall be corrected as they are discovered, and the corrected information shown on the GIS The Planning Director, or designee, may authorize printed copies of the Official Zoning Map to be produced, and shall maintain digital or printed copies of superseded versions of the Official Zoning 160A- 79(b) and G.S. 153A-50. discovered. system. Map for historical reference. 5.10.2. Interpretation of Boundaries The Planning Director, or designee, may authorize periodic changes tot the boundaries oft the Official Zoning Map in conformance with this section. Interpretations of zone boundaries may be appealed to the Board of Adjustment. 5.10.2.1. Boundaries That Follow Lot Lines Ab boundary shown on the Official Zoning Map ast following a lot line or parcel boundary shall be construed as following the lot line or parcel boundary as it actually existed at the time the zoning boundary was established, as shown on maps submitted or used when the boundary was established. If, subsequent to the establishment of the zoning boundary, a minor property line adjustment is made, such as from settlement of a boundary dispute, the zoning boundary shall be construed to move with thel lot line or parcel boundary ift the adjustment is less thant ten feet. September 16, 2013 Page. 5-10 Article 5 ARTICLE 5. ZONING DISTRICTS 5.10.2.2. Boundaries That Do Not Follow Lot Lines Where the ordinance establishing a zoning boundary identifies the boundary as following a particular natural feature such as a ridgeline, contour line, a river, stream, lake or other water course, or reflects a cear intent that the boundary follow the feature, the boundary shall be construed as following that feature as it actually exists. If, subsequent to the establishment of the boundary, such natural feature should move as a result of natural processes (slippage, subsidence, erosion, flooding, sedimentation, etc.), the boundary shall be construed as moving Aboundary shown on the Official Zoning Map as approximately following a street or railroad line shall be construed as following the centerline of the street or railroad right-of-way. If, subsequent to the establishment oft the boundary, the centerline of the street or railroad right- of-way should be moved as a result of its widening or a minor realignment (such as at an intersection), the boundary shall be construed with moving with the centerline only if the Ab boundary shown on the Official Zoning Map as approximately parallel to, or as an apparent extension of, a feature described above shall be construed as being actually parallel to, or an Ifaz zoning boundary splits an existing lot or parcel, the metes and bounds description, if one was submitted at the time the: zoning boundary was established, shall be used to establish the If the specific location of the boundary cannot be determined from application of the above rules to the Official Zoning Map, it shall be determined by scaling the mapped boundary's with the natural feature. centerline is moved no more than 25 feet. extension of, the feature. boundary. distance from other features shown on the map. Section 5.11 Bona Fide Farm Exemption This Article 5 shalli in no way regulate, restrict, prohibit or otherwise deter or affect property used for bona fide farm purposes, but any use of farm property for non-farm purposes shall be subject to the regulations of this Ordinance, per NCGS 160D-903. For purposes of determining whether a property is being used for bona fide farm purposes, any of the following shall constitute sufficient evidence that the property is being used for bona fide A farm sales tax exemption certificate issued by the Department of Revenue. A copy of the property tax listing showing that the property is eligible for participation in the present use value program pursuant to NCGS 105-277.3. Ac copy of the farm owner's or operator's Schedule F from the owner's or operator's farm purposes: e most recent federal income tax return. September 16, 2013 Page. 5-11 Article 5 ARTICLE 5. ZONING DISTRICTS Aforest management plan. A building or structure that is used for agritourism is a bona fide farm purpose if the building or structure is located on a property that (1) is owned by a person who holds a qualifying farmer sales tax exemption certificate from the Department of Revenue pursuant to G.S. 105-164.13E(a) or (i)i is enrolled in the present-use value program pursuant to G.S. 105-277.3. Failure to maintain the requirements of this subsection for a period of three years after the date the building or structure was originally classified as al bonai fide purpose pursuant to this subdivision shall subject the building or structure to applicable zoning and development regulation ordinances adopted by a county pursuant to subsection (a) ofthis section in effect on the date the property no longer meets the requirements of this subsection. For purposes of this section, agritourism" means any activity carried out ona farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, ranching, historic, cultural, harvest-your-own activities, or natural activities and attractions. A building or structure used for agritourism includes any building or structure used for public or private events, induding, but not limited to, weddings, receptions, meetings, demonstrations of farm activities, meals, and other events that are taking place on the farm because of its farm or rural setting. SECTION 5.12 TABLE OF PERMITED/SPECIAL USES. Zoning District Codes: Zoning Use Codes: P= Permitted Use S= Special Use NA = Not Allowed Hyco Lake: RR = Resort/Residential, RB = Resort/Business, IP = Industrial Park SE Caswell: R/A = Residential Agricultural, GB = General Business PR = Permitted with Supplemental Regulations SR = Special Use with Supplemental Regulations N/P = Not Permitted Hyco Zoning Supplemental SE Caswell Districts RR RB IP P P P P PR SR SR SR Page. 5-12 Regulations Districts I R/A GB P P P P P P P P Article. 5 Uses Accessory buildings and uses that are customary and incidental to the permitted uses Amusement parks, including outdoor rides, bowling alleys, miniature golf, swimming pools and bathhouses, dance halls Bed and Breakfasts Homes Church Church cemeteries Commercial cemeteries September 16, 2013 Section 6.20 Section 6.2 Section 6.3 Section 6.4 ARTICLE 5. ZONING DISTRICTS Commercial marinas for the launching, storage, rental, sale and repair of boats Community, county, or municipal sewage treatment plants or water treatment plants Community, county, or municipal water or sewage pumping stations Construction yards Country clubs Customary home occupations Day nurseries and kindergartens permanent foundation) campers) Zoning District Codes: Zoning Use Codes: P= Permitted Use S= Special Use NA = Not Allowed P SR SR SR SR SR S P P P P P P P P P P P Section 6.5 Section 6.6 Section 6.7 Section 6.8 Section 6.9 P Dwelling, manufactured home (on individual lot with Dwelling, single-family (exclusive of tents and mobile Hyco Lake: RR = Resort/Residential, RB = Resort/Business, IP = Industrial Park SE Caswell: R/A = Residential Agricultural, GB = General Business PR = Permitted with Supplemental Regulations SR = Special Use with Supplemental Regulations N/P = Not Permitted Uses Hyco Zoning Supplemental SE Caswell Districts RR RB IP SR P PR P SR P S SR SR SR Regulations Section 6.10 Section 6.19 Section 6.11 Section 6.7 Section 6.12 Section 6.13 Districts R/A GB P P P P P P P P P P P P P NP/NA NP/NA P P P P P P P P Article. 5 Dwelling, two-family and garage apartments Electrical products, sales Family care home Farm machinery, sales Fire stations Fishing and Hunting Lodges Gasoline or fuel oil storage Golf courses, exclusive of miniature golf courses Group camp area Home-based businesses Homes for the aged, clinics, sanitariums High Impact Industries as' "Class III and Class IV" in the High Impact Development Ordinance, Sec. 14-68 "Regulated Land Uses and Exceptions" Industrial research Light Industrial uses not otherwise listed Institutional facilities Laboratories for testing Lakeside camping area Machine shops Manufactured Home Parks Motels September 16, 2013 P S P P P P SR Section 6.14 Article 9, Part II Page. 5-13 ARTICLE 5. ZONING DISTRICTS Outdoor Storage Facilities Parks, picnic areas, public swimming areas, and locations for public access and boat launching, provided that no commercial facilities be established Printing establishments Public and private schools Public utilities towers Recreational Vehicle Parks Repair shops PR Article 9, PartI P P P P P P P P P P P P S SR P P SR Section 6.7 Section 6.15 Article 9,F PartV Radio, television, and microwave towers and relay stations, offices and studios in conjunction with said P Zoning District Codes: Zoning Use Codes: P= Permitted Use S= Special Use NA = Not Allowed Restaurants Riding stables Rural Guest Establishment Sale of souvenirs, fishing equipment, food and drinks, sporting goods, and gasoline and oil Service stations Sexually Oriented Businesses Outdoor Shooting Ranges Shopping centers with retail sales stores, personal services, and offices Signs Solid Waste Convenience Centers Storage warehouses Swimming clubs Textile plants Tobacco warehouses Welding fabrication Wholesale establishments Woodworking shops Wireless Communication Towers Hyco Lake: RR = Resort/Residential, RB = Resort/Business, IP = Industrial Park SE Caswell: R/A = Residential Agricultural, GB = General Business PR = Permitted with Supplemental Regulations SR = Special Use with Supplemental Regulations N/P = Not Permitted Uses Hyco Zoning Supplemental SE Caswell Districts RR RB IP P SR SR P P Regulations Section 6.16 Section 6.21 Districts R/A GB P P P P P P P P P P P P P P P P P P P P P PR PR Article 9, Part IV Article 9, Part VII Section 6.17 Section 6.22 Section 6.7 Section 6.18 P SR PR SR SR P P P P P P Temporary camporee (nonprofit youth organization) PR PR PR Article 9, Part III September 16, 2013 Page. 5-14 Article. 5 ARTICLE 5. ZONING DISTRICTS SECTION 5.5 TABLE OF AREA, YARD, AND HEIGHT REQUIREMENTS,445 Lot Area Lot Width Front' Yard Side Yard Rear Yard Lot Depth (minimum) (minimum) (minimum) (minimum) (minimum) (minimum) District RR Resort Residential 30,000 sq. ft.2 100ft. RB Recreation Business 30,000 sq. ft.2 N/A 30ft. 100ft. 100ft. 15ft. 100ft. 100ft. 20ft.3 100ft. 100ft. 150ft. 150ft. N/A IP Industrial Park NOTES: 5acres N/A Church steeples, chimneys, belfries, water tanks or towers, fire towers, flag poles, spires, monuments, cupolas, domes, antennas (except satellite dish antennas), and similar structuresand necessary mechanical appurtenances are not subject to the zoning height limit regulations 2 Lots of 20,000 square feet may be approved by the Caswell County Environmental Health Department provided evidence of satisfactory soil evaluation is submitted with subdivision plats, or contained in this Ordinance. individual lot, prior to recording plat or sale of lot. Minimum rear yard zero (0) feet from 420 contour line for lots adjacent to Hyco Lake. Section 9.56.19.3.4.5, page 9-71, will apply in the Hyco Lake Zoning District. Cluster subdivisions as provided in Section 9.56.24, page 9-72, are allowed in the Hyco Lake Zoning District. September 16, 2013 Page. 5-15 Article 5 "Home-Based Business" Definition Home-based businesses may be established in a primary residence provided that no more than 50% oft the total floor area oft the dwelling be used for the occupation. In addition, home- based businesses such as small engine repair, automotive maintenance, wood and metal crafting, or similar commercial services may be established within residential accessory buildings. These accessory buildings shall be no more than 7,500 square feet of enclosed, heated floor space, and must be located on the same property as the primary residence. Southeast Caswell Zoning "General Business" Properties: Anderson 11033 NC HWY 62S 55 Rascoe Dameron Road 64 Rascoe Dameron Road 10325/31 NC HWY119S 11201 NC HWY: 119S 63 Baynes Road, Burlington NC 27217 5659 HWY 625, Yanceyville NC 27379 10331, 10325 NC HWY119S, Mebane, NC27302 Prospect Hill 15862 NC HWY 86S 15645/47 NC HWY 86S 14426 NC HWY 86S 15052 NC HWY 86S 15080 NC HWY 86S NC27314 322 Main St, Prospect Hill, NC 27314 17 Main St, Prospect Hill, NC 27314 4887 Corbett Ridge Rd, Mebane, NC 27302 9849 NC HWY 86 7834 NC Hwy 86, Yanceyville 15925 NC Highway 86 Tax ID: 0135.00.00.0111.0000 Hightowers 24 Old HWY 86S Leasburg 7374 US Highway 158 7634 NC Highway 158 Business Type Family Dollar Dollar General Piedmont Electric Auto Repair Maverick Gunworks AT&TTelephone Oakview Store Rudd & Son Garage Zoning Table Shopping /F Retail / Offices Shopping /F Retail /Offices Shopping/R Retail /Offices Repair Shops Shopping / Retail Shopping / Retail / Offices Repair Shops Dollar General Service tation/Restaurant Service Station Hillside Sales Shopping /F Retail / Offices Service Station Service Station Shopping / Retail /Offices Shopping / Retail /Offices Healthcare Eurofins Agroscience Services, LLC ? 14139 NC Hwy 86 S, Prospect Hill, Eplus Thrift, Inc Prospect Hill Community Health Center US Postal Service Corbett Ridge Grocery & Garage Repair Shops Utley Investments LLC Wilson's Body & Frame Shop American Legion Post 447 Storage Building Sales Business Fuel Storage Auto Repair/Maintenance Institutional Commercial Walker Grocery & Service Station Service Station Leasburg Grocery/US Postal Service Dollar General Commercial & Retail Shopping / Retail / Offices CASWELL COUNTY PLANNING DEPARTMENT 1441 Main Street, Yanceyville, NC 273791 Office: 336-694-9731 I Fax: 336-694-55471 IE-Mail: hasinicastiomeces, September 2, 2021 David Owen 144 Court Square Yanceyville, NC27379 Chairman Owen: Chairman, Caswell County Board ofCommissioners This letter shall serve as the Caswell County Planning Board's determination of consistency and recommendation to the Caswell County Board of Commissioners, in accordance with NC General Statute 160D-604 and Article 4, During our August 24th, 2021 regular meeting, the Planning Board approved a motion which confirmed that the Southeast Caswell Zoning Plani is consistent with the Caswell County Comprehensive Plan and recommended adoption of the plan, as amended. Thel Planning Board's recommended amendments, which are incorporated into the Section 4.1 oft the Caswell County Unified Development Ordinance. attached documents, include the following: 1) Renaming the "Light Industrial" zoning district to "General Business" zoning district. 2) Zoning only the properties listed on the "Southeast Caswell Zoning 'General. Business' Properties" document into the General Business category while leaving the: remainder as ResidentalAgriceulural. 3) Accepting the text of the Article 5 draft which includes the county attorney's revisions, the addition of thet term "home-based businesses" to the definition oft the Residental/Agncultura zoning district, and adding "home-based businesses" and other Article 91 regulations as new categories on the Table of 4) Including a new definition for Home-Based Businesses" to the Appendix oft thel UDO. PermittedSpecial Uses. The attachments tot this letter are labeled as follows: 1) "Article 5. Zoning Districts" 2) "Southeast Caswell. Zoning Map" 4) "Home-Based. Business Definition" 3) "Southeast Caswell Zoning General Business' Properties" Finally, I would like to convey my personal encouragement to the Board ofCommissioners that you use the zoning review and public hearing process to gather as much] public input as possible. Ultimately, it'st the residents of Caswell County whol have to work, live, and plant their futures under thei new: zoning plan ifiti is adopted. Ibelieve gathering their thoughts and opinions to thei maximum extent possible would be an invaluable part of this process. Sincerely, Russell Johnston Chairman, Caswell County Planning Board CASWELL COUNTY PLANNING DEPARTMENT 1441 Main Street, Yanceyville, NC 27379 Office: 336-694-9731 Fax: 336-694-5547 mhoarland@raswellcountyncgovy September 20, 2021 David Owen 144 Court Square Yanceyville, NC: 27379 Chairman Owen: Chairman, Caswell County Board of Commissioners The Caswell County Planning Board held a special meeting on September 17,2021 inc order to discuss Caswell County zoning. During our meeting thel Planning Board approved a motion to rescind the motion that was made at our meeting on August 24, 2021 that related to the Planning Board's determination of consistency and adoption of the: zoning plan presented to us by the Caswell County Board of Commissioners. Thel Planning Board also approved amotion of recommendation' to thel Board ofCommissioners that they honor the will of the voters and not adopta zoning ordinance for Caswell County. Please let me know ifyoul have any questions. Sincerely, Russell Johnston Chairman, Caswell County Planning Board Hyco Lake Zoning (noc change) TOWn of Yanceyville Leasburg SE Caswell Conditional District Zoning Ordinance Overview Anderson Prospect H October 4, 2021 SE Caswell Conditional District Zoning The purposes of establishing the zoning districts are: Toi implement adopted plans; To promote public health, safety, and general welfare; To provide for orderly growth and development, To provide for the efficient use of resources; Top preserve the area's existing character and quality of life; To facilitate the adequate provision of services. SE Caswell Conditional District Zoning December 2019: Non- binding Zoning Referendum put on November Ballot Moratorium on Polluting Caswell County extended for 6 months (CCBOC passed 7-0) included Large group of residents asked CCBOC toi implement zoning for the SE quadrant. Industry Development in SE June 2021: Motion for Conditional Zoning for the "SE Quadrant" process to proceed with Conditional District Zoning ap proposed plan passed proposal tol be developed. CCBOC passed 4-3 Mid2019 Jan 2020 Nov 2020 June 2021 September 2021 Dec 2019 April 2020 Jan 2021 July 2021 Sent to Planning Board for Consistency with Land Use Plan and for Recommendation" Citizens in SE Caswell started Community meetings and started asking Commissioners for Zoning. 1-Year Moratorium on Polluting Industry Development takes effect The results of the non-binding referendum were tabulated- see next slide Public Hearing SE Caswell Conditional District Zoning Summary of zoning referendum results Caswell County Zoning Regulation Ordinance: "Should the Caswell County Board of Commissioners adopt a countywide zoning ordinance toi implement zoning regulations for all unincorporated areas of Caswell County?" 11/03/2020 UNOFFICIAL GENERAL ELECTION RESULTS- CASWELL CASWELL COUNTYZ ZONING REGULATIONS ORDINANCE 9of9Precincts Reporting Contest Details CHOICE No Ves Tie NotR Reported Not Participating Resultsb byv Voting Method TOTAL 5,887 5,375 ResuitsbyPrecinct CASWELL COUNTY: ZONING REGULATIONS ORDINANCE "County-wide Zoning" No 265 221 750 751 1348 637 349 874 692 5,887 52.3% Precinct ANDERSON LEASBURG LOCUST HILL MILTON PELHAM PROSPECT HILL PROVIDENCE STONEY CREEK YANCEYVILLE Yes 374 256 708 693 792 753 265 770 764 5,375 47.7% % 59% 54% 51% 52% 63% 54% 57% 53% 52% 11,262 Southeast Quadrant: 2,147 1,815 3,962 Yes No 54% 46% SE Caswell Conditional District Zoning December 2019: Non- binding Zoning Referendum put on November Ballot. Moratorium on Polluting Caswell County extended for 6 months (CCBoC passed 7-0) included Large group of residents asked CCBOC toi implement zoning for the SE quadrant. Industry Development in SE June 2021: Motion for Conditional Zoning for the "SE Quadrant" process to proceed with Conditional District Zoning a proposed plan passed proposal tol be developed. CCBoC passed 4-3. Mid2019 Jan 2020 Nov 2020 July 2021 September: 27,2021 Dec 2019 April 2020 Jan 2021 June 2021 Sent to Planning Board for Consistency with Land Use Plan and for Recommendation". Citizens in SE Caswell started Community meetings and started asking Commissioners for "District Zoning". 1-Year Moratorium on Polluting Industry Development takes effect The results of the non-binding referendum were tabulated. Public Hearing held. SE Caswell Conditional District Zoning Summary of Key Aspects/Facets/Points of the Zoning Ordinance: SE "Quadrant" as defined in previous map Only 2 Zoning Districts: Residenta/Agricultura General Business As pursuant to NC Statutes: Regulation of agriculture exempt from zoning regulations since 1966 Current land usage, in compliance with existing UDO and NC laws, is unaffected, i.e., hunting, land use, home color/design, etc. are not impacted by SE Caswell Conditional District Zoning SE Caswell Conditional District Zoning Summary of Key Aspects/Facets/Points of the Zoning Ordinance (continued): - Caswell has had experience with zoning for over 50 years, without issues: > Hyco Lake Zoning District (in the Northeast Quadrant) Y Yanceyville Milton Landowners may sell their property to whomever they wish Conditional Zoning allows for land uses currently unforeseen (Section 5.9) Property Owners may use their land in accordance with the Permitted Use Table: N More Permitted Uses than Hyco Lake District P Permitted Uses VS. Special or Permitted Uses with Supplemental Regulation SE Caswell Conditional District Zoning Zoning District Codes: Hyco Lake:F RR=R Resort/Residential, RB= Resort/Business, IP=I Industrial Park SE Caswel!: R/A= ResidentialA Agricultural, U= LightI Industrial Zoning Use Codes: P= Permitted Use PR= Permittedv withs Supplemental Regulations S= Special Use SR= Special Usev withs Supplemental Regulations NA= NotA Allowed NP= NotF Permitted Permitted Uses Table Hycoz Zoning Supplemental SE Caswell Districts Regulations RR RB PRI SRI SR SRI SR SRI Districts R/A GB P Uses Accessory buildingsa andu usest thata are customary andi incidentalt tot thep permitted uses P Amusement parks, including outdoor rides, bowlinga alleys, miniatures golf, swimming pools andE bathhouses, dance halls Beda andE Breakfasts! Homes Church Church cemeteries Commercialc cemeteries Construction) yards Country clubs Customary! home occupations Dayr nurseries andk kindergartens Dwelling, Dwelling, single-family (exdusive oftentsa andr mobilec campers) Dwelling, two-familya andg garage apartments Sectione 6.20 Section6.2 Section6.3 Section6 6.4 Section6.5 Section6.6 Section6 6.7 Section6.8 Section6.9 Section6 6.10 Commercialn marinasf fort thel launching, storage, rental, salea andi repair oft boats Community, county, orn municipals sewaget treatment plants orv watert treatment plants SRI Community, county, orn municipal water ors sewage pumping stations home( (oni individuall lot withp permanentf foundation) SE Caswell Conditional District Zoning Zoning District Codes: Zoning Use Codes: NA= NotA Allowed Electrical products, sales Family careh home Farm machinery, sales Fires stations Fishinga andh hunting! lodges Gasolinec orf fuelo oils storage Golfc courses, exdusive ofr miniatureg golf courses Group campa area Home based business* Homesf for thea aged, clinics, sanitariums Industrialr research Light Industrial uses noto otherwisel listed Institutional facilities Laboratories for testing Lakeside camping area Machines shops Motels boat Hycol Lake: RR=F Resort/Residential, RB= Resort/Business, IP=I IndustrialF Park SEC Caswell:F R/A=F ResidentialA Agricultural, U=L LightI Industrial P=F Permitted Use PR= Permittedy withs Supplemental Regulations S= Special Use SR= Special Usew withs Supplemental Regulations Permitted Uses Table (continued) Class III Asphalt Plants Biomass Facilities Chemical Manufacturing Chipl Mills Electric Generating Facilities Explosives Manufacturing Explosives Storage Facilities Landfills excepti inert debris Medical Waste Incinerators Paper Mills Race Tracks Stone Crushing Waste Processing Facilities Class IV Mining/Quarrying Resource Extraction Cement Manufacturing CoalA Ashs Storage Nuclear Waste Storage Hyco Zoning Supplemental SEC Caswell Districts Regulations Districts RR RB IP PRI Section6.19 SR Sextion6.11 P SRI Section6.7 SRI Sextion6.12 SRI Section6.13 P S SRI Section6.14 Uses R/A LI P P HighI ImpactI Industries Classifieda as" "Class III and Class IV" int thel HighI Impact Development Ordinance, Sec.1 14-68" Regulated Landu Uses andE Exceptions" NP/NA NP/NA P *Home- based businesses may bee establishedi inc a primary residence provided that nor moret than 50% oft thet totalf floor areao of the dwelling be used for the occupation. Inc addition, homebased businesses such as smalle engine repair, automotive maintenance, wood andi metal crafting, ors similar commercial: services may be established within residential accessory buildings. These accessory buildings shall ber nor moret than 7,500 square feeto ofe enclosed, heated floor space, andi must bel located ont thes same property as Parks, picnic areas, publics swimminga areas, andl locationsf forp publica access and launching, provided thatn no commercialf facilities bee established the primary residence. SE Caswell Conditional District Zoning Zonina District Codes: Zoning Use Codes: Hyco Lake: RR: =F Resort/Residential,' RB= Resort/Business, IP=I IndustrialPark SEC Caswell: R/A= = Residential Agricultural, LI= Light Industrial P=F Permitted Use PR= Permitted withs Supplemental Regulations S=S Special Use SR= - Speciall Usev withs Supplemental Regulations NA=N Not Allowed NP= NotF Permitted Printing establishments Public andp private schools Public utilities inc conjunction withs saidt towers Repairs shops Restaurants Riding stables Rural Guest Establishment gasoline ando oil Service stations Signs Small Business** Solid Waste Convenience Centers Storage warehouses Swimming dubs Permitted Uses Table (continued) Hycoz Zoning Supplemental SEC Caswell Districts Regulations RR RB IP P SRI Section6 6.7 P P SR Section6 6.16 SRI Section6 6.21 P P P SR PR Section6.22 P P P SR Section6 6.7 Districts R/A LI P P P P P P P P P P Uses P P **. Small businesses are establishments which P services to the business P community or to individuals and may or may not be established on the same tract of land as a P structure. Such businesses P shall be ofac commercial, other non-industridl nature and exist on more than. 10 acres in size. Radio, television, andr microwave towers and relays stations, offices and studios SR Section6 6.15 offer Sale of souvenirs, fishing equipment, fooda ando drinks, sporting goods, and Shopping centers withr retail sales stores, personal services, and offices residential Section6.17 P P retail, data management, or at tract of land no SE Caswell Conditional District Zoning Zoning District Codes: Zoning Use Codes: Permitted Uses Table (continued) Hycol Lake: RR= = Resort/Residential, RB= = Resort/Business," IP= = Industrial Park SEC Caswell: R/A= = Residential Agricultural, LI= = Light Industrial P= Permitted Use PR= Permitted with Supplemental Regulations S= Special Use SR= = Special Use with Supplemental Regulations NA= NotA Allowed NP: Not Permitted Hyco Zoning Supplemental SEC Caswell Districts Regulations Section 6.18 P P P P P Districts P P P P P P P Temporary camporee (nonprofit youtho organization) SR Textile plants Tobacco warehouses Welding fabrication Wholesale establishments Woodworking: shops Wireless Communication" Towers PR PR PRI Article9, PartIII PR PR SE Caswell Conditional District Zoning Summary of Key Aspects/Facets/Points of the Zoning Ordinance (continued): - Property Owners may apply for rezoning to a Conditional Zoning District: >Application submitted to the Caswell County Planning Department Hold a Community Meeting outlining the proposed land use and rezoning >Obtain approval from the Caswell County Board of County Commissioners for Conditional rezoning SE Caswell Conditional District Zoning Frequently Asked Questions (FAQ's): (CDZ) have on what Ic do on my property? What new restrictions does Conditional District Zoning protection A Virtually none. Agricultural/Reidentol and General Business uses and activities are Isthe proposed Ordinance consistent with the Caswell County strategic not impacted. Land Use Plan? A The Caswell County Planning Board found no inconsistencies. What will be the impact on Property Values? A This type ofz Zoning Protection should make land more desirable to incoming residents, developers, and industries since they will know they will not have Polluting What impact will there be on selling my Property for the best price? A Without CDZ, ifyour neighbor sells to a Polluting Industry it is highly unlikely you will Industries sited next to their property. be able to get the best price for your Property. SE Caswell Conditional District Zoning Frequently Asked Questions (FAQ's): How could CDZ impact Economic Development? property values and desirability, are prohibited. How many other counties in NC use Zoning? A See a previous Q&A. Only Polluting Industries," which generally negatively impact A Most NCcounties (83 ofNorth Carolina's 100 counties) have chosen to adopt comprehensive or partial zoning ordinances. Caswell County is one of them. A Conditional use zoning allows for a property owner to applyfor a use different than allowed in the zone. Ifthe use is included elsewhere in the district, the County Commissioners can allow that property use subject to conditions that it decides. A No, state law is very clear on this. A zoning ordinance cannot regulate architectural standards or design criteria for residential properties (single-family homes, duplexes, What is conditional use zoning? C Can zoning dictate what my house must look like? etc.) SE Caswell Conditional District Zoning The Ordinance SE Caswell Conditional District Zoning Thank you for your attention! SE Caswell Conditional District Zoning UDO Article 7 which refers to non-conforming expansion which we discussed as well: 7.2.6. Minor repairs to and routine maintenance ofA property where nonconforming situations exist are permitted and encouraged. For the purpose of this section, minor repairs and routine maintenance shall not exceed ten percent of the taxed value to be repaired and/or maintained. Major renovations/work costing more than ten percent but less than 60 percent of the taxed value of the. structure to be renovated may be done provided that the work will not result in a violation of any other paragraph in this Article. In no case, however, shall work costing more than 60 percent of the taxed value oft the structure be done, singularly or cumulatively, within any five-year period. Clerk's Office Use Only Rec'dDate_ 8212021 By: CSmh Caswell County Volunteer Application for Boards and Committees This application is a public document Ify you) work or live in Caswell County, at least 18 yrs old, and willing to volunteer your time and expertise to your community, you may apply to serve on an advisory board by completing this form online or download it and mail to: Caswell County Administration Attn: Carla Smith P.O. Box 98 144 CourtSquare Yanceyville, NC27379 Email: smtnediwelcoumynego. Name: Ivvin Gvaham DailexJr Home Address: 3122 Blanch RJ City: Blanch Zip Code: 27212- Phone: 336 694-6884 Email: CabwelimsPeaincanct Place ofE Employment: Caswell Insuvance Please list any County Boards you currently serve on: Casweil Cowntu ABC Boaird. Please list the Boards/ Commissions on which you wisht to serve. Pleasei indicate your preference by prioritizing your selection: first choice being "A" ands SO on. A_ABC Board Why do youwish to: serve ont these boards? B. I have Sevved onthe ABC, Board Sovthe pst IZyears Please describe background, education, and abilities that qualify, you fori these boards: Allended NC State for lyear AcCfr 2yarsAmi.graluata Wh Business Administvelion deqiee. I have enjeyed Sexving onthe ABCBoard Doy you have any personal or business interest that could create a conflict ofi interest (either real or perceived)i if you are appointed tot this board? Yes No% Ifyes please explain: Which Board of Commissioners district do youl live in? You can use ther map on below toi identify your district. District1 District2. District3, District4 District5_ Not Sure NA. Caswell Couny Board of Commissioner Voting Districts Legend * votingstes Centeclines CASWELL Precir Commissioners Di