August 6, 2012 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 45 Meeting of the Johnston County Board of Commissioners August 6 , 2012 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , August 6 , 2012 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Allen L Mims , Jr , Vice Chairman Jeffrey P Carver , Cookie Pope , Wade M Stewart , DeVan Barbour , and Tony Braswell Commissioner Braswell arrived at 6 20 pm due to his attendance at an earlier Hospital Authority meeting Absent Commissioner W Ray Woodall Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , and County Attorney David F Mills Chairman Allen L Mims , Jr called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comment None 2 Public Hearing Rezoning and Special Use Requests Advertised – In The Smithfield Herald – July 25 and August 1 , 2012 Certified letters were mailed to adjoining property owners on July 23 , 2012 Notices were posted at the locations on June 4 , 2012 for Cases 06 - 21 Mod , 12 - 10 , 12 - 11 , 12 - 12 , and 12 - 13 Note Case 06 - 21 Mod was heard at the end of the meeting due to the late arrival of a representative for the applicant See Item No 6 The Chairman opened the Rezoning Hearing for Case 12 - 10 Case 12 - 10 Petition to rezone a 246 acre tract located at 8514 Brogden Road in Boon Hill Township from Agricultural Residential AR to Community Business - Special Use District CB - SUD Tax ID 04P13197L Owner Timothy and Michelle Wales Applicant Timothy Wales Planning Director Berry Gray stated the petition is to rezone a 246 acre tract located at 8514 Brogden Road in Boon Hill Township from Agricultural Residential to Community Business - Special Use District He noted the special use request associated with the rezoning Mr Gray reported the existing land use is zoned Agricultural Residential with a residence on site The surrounding land uses are zoned Agricultural Residential and used for such purposes and nearby is Industrial 2 – Special Use District and used for a go - art track The area is located within a designated Agricultural Rural Conservation Area which denotes areas of low levels of growth pressures anticipated over the next 20 years Mr Gray stated the subject site is located well off the road and approximately 2,000 feet from the nearest residence Applicant Timothy Wales , 8514 Brogden Road , stated they would like to utilize the property for birthday parties , weddings , reunions , etc He stated the site is located well off the road with virtually no neighbors ; therefore , noise would not be an issue He asked for the Board’s approval Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman recessed the Rezoning Hearing for Case 12 - 10 Decision on Rezoning Case 12 - 10 Case 12 - 10 Petition to rezone a 246 acre tract located at 8514 Brogden Road in Boon Hill Township from Agricultural Residential AR to Community Business - Special Use District CB - SUD Tax ID 04P13197L Owner Timothy and Michelle Wales Applicant Timothy Wales Commissioner Jeffrey P Carver moved the Board conclude and adopt a statement that the rezoning requested is consistent with the Comprehensive Land Use Plan , and it is therefore reasonable and in the publicPage46 August 6 , 2012 – 6 00 pm Continued interest , and further that the petition for rezoning case 12 - 10 to rezone a 246 acre tract located at 8514 Brogden Road in Boon Hill Township from Agricultural Residential to Community Business - Special Use District be approved Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 12 - 10 Case 12 - 10 To allow for weddings , reunions , birthday parties and other special event celebrations Owner Timothy and Michelle Wales Applicant Timothy Wales Those wishing to speak on Special Use Case 12 - 10 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for weddings , reunions , birthday parties , and other special event celebrations Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 12 - 10 on April 30 , 2012 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On June 19 , 2012 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 12 - 10 and made the following recommendations Upon a motion by Mr Letchworth for approval of the rezoning of Case 12 - 10 , seconded by Mr Gathers , with a vote of 9 - 0 , Planning Board recommended approval of the Rezoning for Case 12 - 10 based on the following consistency statement Statement This request is consistent with the Comprehensive Land Use Plan in that it is suited for a rural , low density area within an agricultural rural conservation area The request is reasonable in that the proposed use would benefit the community and the conditions will ensure that the request is compatible with the surrounding area and will not negatively impact the public Upon a motion by Mr Letchworth for approval of the rezoning of Case 12 - 10 , seconded by Mr Smith , with a vote of 9 - 0 , Planning Board approved the conditions of the Special Use Permit of Case 12 - 10 , with striking Condition # 5 , adding Condition # 10 concerning a sign and adding SHP to Condition # 8 Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant 8514 Brogden Road is located in Boone Township and is an antebellum Greek revival home built in 1850 - 1853 This site would allow for a location to be available for use as wedding , birthday , reunion and special event celebrations Normal usage would be weekends and special dates This location is well off the closest road and would provide for a very private event location Staff The natural landscaped buffer along property lines and normal hours of operation will promote the public health , safety , and general welfare 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant In the use of the grounds , we would comply with all federal , state , and local safety regulations and land use rules along with fire codes Staff This location is surrounded by farm land and currently has existing vegetation and landscaping The applicant will be subject to special use conditions which will ensure that the development maintains the public health , safety , and general welfare of the community 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ;Page47 August 6 , 2012 – 6 00 pm Continued Applicant The historical property is surrounded on four sides by farm fields and wooded areas The uses of the grounds are mainly for wedding events that are usually scheduled for Saturdays The property is located down a long dirt path off of Brogden Road Staff Natural vegetation , landscape buffering and special use conditions will be enforced to maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant Public use of this semi - remote property would allow for a gathering and special event location that has a cultural and historical content unique for our county residents Staff Applicant’s proposed development will conform to all requirements of the Land Development Code and any conditions as required by the Boards Specific Land Uses APPLICANT To host weddings , reunions , birthday parties , and other special events Special Use Conditions 1 Permitted Uses To host weddings , reunions , birthday parties , and other special events 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant must submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Hours of Operation Sunday through Thursday , 7 00 am to 9 00 pm , Friday and Saturday , 7 00am to 10 00pm 5 Installation of at least a Class B buffer along all property lines 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if more intense than the buffer requirement 6 Signage must comply with the sign regulations 7 Must obtain NCDOT driveway permit 8 All existing and future buildings must comply with rules enforced by the following departments and or agencies NCDOT , Building Inspections , Public Utilities , Environmental Health , and State Historic Preservation Office 9 Lighting , if any , must be dark sky lighting and engineered so as not to shine onto adjacent properties 10 Post a residential scale sign at the road indicating the event for emergency service response Items in bold and strikethrough were recommended by the Planning Board Mr Gray listed and reviewed the special use conditions with the Board He noted the Planning Board recommended removal of the buffer requirement since the property is located away from any residents and would have no impact on anyone Upon a question by Chairman Allen L Mims , Jr , Mr Gray stated some of the adjacent property is owned by a different property owner Commissioner Jeffrey P Carver questioned the access to the property Applicant Timothy Wales , 8514 Brogden Road , confirmed that he agreed with the special conditions as recommended Chairman Mims asked Mr Wales if he had contacted the surrounding property owner to inform that landowner of his intentions Mr Wales responded the surrounding property is presently farmland and it is suitable for hunting only Mr Wales reported the property owner has passed away ; however , he contacted the family who had no objections Mr Wales confirmed that he has a deeded easement access to the site Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman recessed the Special Use Hearing for Case 12 - 10 Decision on Special Use Case 12 - 10 Case 12 - 10 To allow for weddings , reunions , birthday parties and other special event celebrations Owner Timothy and Michelle Wales Applicant Timothy Wales Based on the findings of facts and special use conditions , Commissioner Cookie Pope moved the Board authorize the Planning Department to issue a special use permit for Case 12 - 10 to allow for weddings , reunions , birthday parties , and other special event celebrations on a 246 acre tract located at 8514 Brogden Road in Boon Hill Township Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions Page48 August 6 , 2012 – 6 00 pm Continued 1 Permitted Uses To host weddings , reunions , birthday parties , and other special events 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant must submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Hours of Operation Sunday through Thursday , 7 00 am to 9 00 pm , Friday and Saturday , 7 00am to 10 00pm 5 Signage must comply with the sign regulations 6 Must obtain NCDOT driveway permit 7 All existing and future buildings must comply with rules enforced by the following departments and or agencies NCDOT , Building Inspections , Public Utilities , Environmental Health , and State Historic Preservation Office 8 Lighting , if any , must be dark sky lighting and engineered so as not to shine onto adjacent properties 9 Post a residential scale sign at the road indicating the event for emergency service response The Chairman reopened the Rezoning Hearing for Case 12 - 11 Case 12 - 11 Petition to rezone 143 acres of a 1677 acre tract located on NC 96 Hwy South in Meadow Township , from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 09H15199W Owner Mary Ann Hill Applicant Mary Ann Hill Planning Director Berry Gray stated the petition is to rezone 143 acres of a 1677 acre tract located on NC 96 Hwy South in Meadow Township , from Agricultural Residential to General Business - Special Use District He noted the special use request associated with the rezoning Mr Gray reported the existing land use is zoned Agricultural Residential and used for agricultural purposes The surrounding land uses are zoned Agricultural Residential and used for such purposes , and Community Business – Special Use District and used for a gift shop , Christmas light display , and concessions Applicant Mary Ann Hill , 1581 Harnett - Dunn Hwy , Newton Grove , stated she believes the mini storage use is needed in the area and she asked for the Board’s approval Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman recessed the Rezoning Hearing for Case 12 - 11 Decision on Rezoning Case 12 - 11 Case 12 - 11 Petition to rezone 143 acres of a 1677 acre tract located on NC 96 Hwy South in Meadow Township , from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 09H15199W Owner Mary Ann Hill Applicant Mary Ann Hill Commissioner DeVan Barbour moved the Board conclude and adopt a statement that the rezoning requested is consistent with the Comprehensive Land Use Plan , and it is therefore reasonable and in the public interest , and further that the petition for rezoning case 12 - 11 to rezone 143 acres of a 1677 acre tract located on NC 96 Hwy South in Meadow Township , from Agricultural Residential to General Business - Special Use District be approved Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote Commissioner Tony Braswell arrived at 6 20 pm He abstained from voting on Special Use Hearing Case 12 - 11 due to missing the previous rezoning portion of the hearing and the Board agreed by consent The Chairman reopened the Special Use Hearing for Case 12 - 11 Case 12 - 11 To allow for the construction and operation of a mini storage facility Owner Mary Ann Hill Applicant Mary Ann Hill Those wishing to speak on Special Use Case 12 - 11 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for the construction and operation of a mini storage facility Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 12 - 11 on April 24 , 2012 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision PagePage pageNumber549 August 6 , 2012 – 6 00 pm Continued • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On June 19 , 2012 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 12 - 11 and made the following recommendations Upon a motion by Mr Massengill for approval of the rezoning of Case 12 - 11 , seconded by Mr Gathers , with a vote of 9 - 0 , Planning Board recommended approval of the Rezoning for Case 12 - 11 based on the following consistency statement Statement This request is consistent with the Comprehensive Land Use Plan in that the use can be limited in scope through the use of special conditions to blend in with a rural , low density area The request is reasonable in that the conditions will ensure that the request is compatible with the surrounding area and will not negatively impact the public Upon a motion by Mr Massengill for approval of the Special Use Conditions of Case 12 - 11 , seconded by Mr Edwards , with a vote of 9 - 0 , Planning Board recommended approval of the Special Use Conditions for Case 12 - 11 Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed 40 unit mini storage facility would have limited traffic , is located in a rural area surrounded by farm land and would not have a negative effect on neighbors Staff Lighting , landscape buffering and controlled access will maintain and promote the health , safety , and general welfare of the public 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant We will comply with all conditions and requirements set by the county Staff The proposed development is in accordance with the intent of the General Business district Landscape requirements and controlled access will maintain the value of contiguous properties 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant There is a need for a mini storage facility in the area and the conditions placed on approval will not negatively affect neighbors Staff The applicant’s proposed development will conform to all requirements of the Land development Code and any conditions as required by the Boards and Federal , State and Local agencies 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant We will comply with all conditions and requirements set by the county Staff Applicant’s proposed development will comply with all requirements of the Land Development Code and any conditions as required by the Boards Specific Land Uses APPLICANT Mini storage Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Applicant shall submit a detailed site plan for review and approval by Planning and Zoning Department Staff 3 Must comply with all traffic improvements as required by NCDOT 4 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 5 A storm - water management plan shall be required if exceeding 17,000 sq ft of impervious surface 6 Installation of a Class B Buffer along all zoning lines 2 large trees , 3 small trees , and 9 shrubs per 100 linear feet A natural vegetative buffer may be used in lieu of the Class B buffer if it is equally or more intense 7 Hours of Operation Seven days a week , 24 hours a day 8 Signage must comply with sign code 9 All buildings must comply with rules enforced by the following departments and or agencies NCDOT , Building Inspections , Public Utilities , and Environmental Health 10 Gate must be recessed at least 30 ’ from the edge of pavement Mr Gray listed and reviewed the special use conditions with the Board He noted the site plan calls for two buildings and stated the applicant plans to construct one building immediately and would have the option to construct a second building in the future Applicant Mary Ann Hill , 1581 Harnett - Dunn Hwy , Newton Grove , confirmed that she agreed with the special use conditions PagePage pageNumber650 August 6 , 2012 – 6 00 pm Continued Upon a question by Chairman Allen L Mims , Jr , Ms Hill stated they do not plan to have someone on the property 24 hours a day ; however , they will install a communications system that will be linked to their main office in Newton Grove Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman recessed the Special Use Hearing for Case 12 - 11 Decision on Special Use Case 12 - 11 Case 12 - 11 To allow for the construction and operation of a mini storage facility Owner Mary Ann Hill Applicant Mary Ann Hill Based on the findings of facts and special use conditions , Commissioner DeVan Barbour moved the Board authorize the Planning Department to issue a special use permit for Case 12 - 11 to allow for the construction and operation of a mini storage facility on 143 acres of a 1677 acre tract located on NC 96 Hwy South in Meadow Township Commissioner Cookie Pope seconded the motion , which carried by unanimous vote , with Commissioner Braswell abstaining Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Applicant shall submit a detailed site plan for review and approval by Planning and Zoning Department Staff 3 Must comply with all traffic improvements as required by NCDOT 4 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 5 A storm - water management plan shall be required if exceeding 17,000 sq ft of impervious surface 6 Installation of a Class B Buffer along all zoning lines 2 large trees , 3 small trees , and 9 shrubs per 100 linear feet A natural vegetative buffer may be used in lieu of the Class B buffer if it is equally or more intense 7 Hours of Operation Seven days a week , 24 hours a day 8 Signage must comply with sign code 9 All buildings must comply with rules enforced by the following departments and or agencies NCDOT , Building Inspections , Public Utilities , and Environmental Health 10 Gate must be recessed at least 30 ’ from the edge of pavement The Chairman reopened the Rezoning Hearing for Case 12 - 12 Case 12 - 12 Petition to rezone a 166 acre tract located at 4810 Cleveland Road in Cleveland Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 06H06007E Owner Billy and Louise Overbee Applicant Scott Overbee Planning Director Berry Gray stated the petition is to rezone a 166 acre tract located at 4810 Cleveland Road in Cleveland Township from Agricultural Residential to General Business – Special Use District He noted the special use request associated with the rezoning Mr Gray reported the existing land use is zoned Agricultural Residential and is being used for a non - conforming business and storage The surrounding land uses are zoned Agricultural Residential and used for such purposes Mr Gray stated the request came in as a violation The area is located within a designated Secondary Growth Area on the County’s Comprehensive Land Use Plan which denotes areas in which low to moderate levels of growth pressures are anticipated over the next 20 years Chairman Allen L Mims , Jr , referenced a letter dated August 3 , 2012 from Pamela Coats for Grace Stephenson to the Board that outlined concerns regarding traffic improvements and Department of Transportation recommendations Mr Gray stated staff has not received any comments back from the Department of Transportation regarding traffic improvements ; however , he noted that no new driveways will be allowed and the applicant will have to improve what is currently on site Applicant Scott Overbee , 77 Eleanor Lane , Garner , stated he has had the site for four or five years and this past year he put some landscaping supplies on the property and an individual in the same business complained about them Mr Overbee stated he keeps a few trucks on the property and other equipment asPagePage pageNumber751 August 6 , 2012 – 6 00 pm Continued needed He added most of the equipment stays on the job sites Mr Overbee stated the use is needed in the area and he asked for the Board’s approval Mr Gray reported the Planning Board recommended approval He noted the recommendation for approval is based on the cleanup of the site through the special conditions recommended for the special use permit Upon a question by Commissioner Jeffrey P Carver , Mr Gray stated the land clearing debris and other materials would need to be cleaned up as well as the Planning Board has recommended requiring an 8 ft opaque fence for equipment storage which is typical of similar uses There being no further comments , the Chairman recessed the Rezoning Hearing for Case 12 - 12 Decision on Rezoning Case 12 - 12 Case 12 - 12 Petition to rezone a 166 acre tract located at 4810 Cleveland Road in Cleveland Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 06H06007E Owner Billy and Louise Overbee Applicant Scott Overbee Commissioner Cookie Pope moved the Board conclude and adopt a statement that the rezoning requested is consistent with the Comprehensive Land Use Plan , and it is therefore reasonable and in the public interest , and further that the petition for rezoning case 12 - 12 to rezone a 166 acre tract located at 4810 Cleveland Road in Cleveland Township from Agricultural Residential to General Business – Special Use District be approved Commissioner Tony Braswell seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 12 - 12 Case 12 - 12 To allow for the storage of equipment , landscape material sales , and office workshop Owner Billy and Louise Overbee Applicant Scott Overbee Those wishing to speak on Special Use Case 12 - 12 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for the storage of equipment , landscape material sales , and office workshop Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 12 - 12 on April 24 , 2012 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On June 19 , 2012 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 12 - 12 and made the following recommendations Upon a motion by Mr Gathers for approval of the rezoning of Case 12 - 12 , seconded by Ms Hackler , with a vote of 9 - 0 , Planning Board recommended approval of the Rezoning for Case 12 - 12 based on the following consistency statement Statement The request is consistent with the Comprehensive Land Use Plan in that it is a special use request for a small scale business within a secondary growth area where there is limited business to serve the community The request is reasonable in that the conditions will ensure that the request is compatible with the surrounding area and will not negatively impact the public PagePage pageNumber852 August 6 , 2012 – 6 00 pm Continued Upon a motion by Mr Gathers for approval of the Special Use Conditions of Case 12 - 12 with the changes to the hours in Condition # 3 , seconded by Mr DeLaine , with a vote of 9 - 0 , Planning Board recommended approval of the Special Use Conditions of Case 12 - 12 Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant To provide any landscaping that the department requires Staff The applicant will be subject to special use conditions which will ensure that the development maintains the public health , safety and general welfare of the community 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant To provide business where commercial business is limited in the community Staff This development will comply with the use and intensity regulations as set forth in the Land Development Code 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant Personal access will be Monday through Saturday , 7 00am through 9 00pm Public access will be from 8 00am until 6 00pm on Saturdays only Staff The location provides a convenient place to purchase landscape products There will be adequate room for parking and display of items A Class B landscape buffer shall be installed along all rezoning lines Regular hours of operation will be limited and maintained This , along with the special use conditions required by the Boards , will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant Will have night lighting and will leave existing vegetation and provide proper landscaping All buildings will be permitted with all the State and County Staff Applicant’s proposed development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT Landscape material sales , storage of equipment with an office workshop Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Personal access hours shall be 6 00 7 00 am to 9 00 pm , Monday through Saturday Business hours open to the public shall be 8 00am to 6 00pm on Monday through Saturday only 4 All signage shall comply with the sign code 5 A Class B landscape buffer shall be installed along all rezoning lines 2 large trees , 3 small trees and 9 shrubs every one hundred 100 linear feet unless existing natural vegetation is acceptable in lieu of the Class B buffer if equal or more intense 6 All buildings and or structures must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 7 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 8 Must comply with all traffic improvements as required by NCDOT 9 All debris and or solid waste on the property to be removed prior to issuance of special use permit 10 All outdoor storage of equipment must be enclosed within an 8 ’ tall opaque fence Items in bold and strikethrough recommended by the Planning Board Mr Gray listed and reviewed the special use conditions with the Board Applicant Scott Overbee , 77 Eleanor Lane , Garner , stated he understands the special conditions ; however , he expressed concerns regarding the fencing requirement Mr Overbee voiced concerns with regards to the expense of a fence and stated a similar business just down the road does not have a fence Commissioner DeVan Barbour stated the fence would not be required for the entire property , just the portion of the property that would be used for the storage of equipment At the inquiry of Commissioner Wade M Stewart , Mr Gray stated the fencing would pertain to the storage of equipment the applicant currently has on the property that would include various things from material moving equipment to trucks Mr Gray shared photos of the property with the Board noting the existing equipment on site that would need to be fenced Mr Gray noted the piles of debris that would need to be removed from the site He stated that mulch piles and wood chips would not have to be screened Mr Gray stated the fence would be needed because the area is considered Agricultural Residential and the fence would allow the use to blend in and be compatible with the area Chairman Allen L Mims , Jr referenced the landscaping operation down the road and asked if the fencing requirement would be consistent with that operation PagePage pageNumber953 August 6 , 2012 – 6 00 pm Continued Mr Gray reported the existing landscaping operation located down the road does not have equipment on their site Mr Gray clarified that mulch piles would not have to be screened , just the equipment that is located on the property Mr Overbee stated they have removed some of the debris on the site He continued that it will be difficult to fence the area for the equipment Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman recessed the Special Use Hearing for Case 12 - 12 Decision on Special Use Case 12 - 12 Case 12 - 12 To allow for the storage of equipment , landscape material sales , and office workshop Owner Billy and Louise Overbee Applicant Scott Overbee Based on the findings of facts and special use conditions , Commissioner Jeffrey P Carver moved the Board authorize the Planning Department to issue a special use permit for Case 12 - 12 to allow for the storage of equipment , landscape material sales , and office workshop on a 166 acre tract located at 4810 Cleveland Road in Cleveland Township Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Personal access hours shall be 6 00 am to 9 00 pm , Monday through Saturday Business hours open to the public shall be 8 00am to 6 00pm on Monday through Saturday only 4 All signage shall comply with the sign code 5 A Class B landscape buffer shall be installed along all rezoning lines 2 large trees , 3 small trees and 9 shrubs every one hundred 100 linear feet unless existing natural vegetation is acceptable in lieu of the Class B buffer if equal or more intense 6 All buildings and or structures must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 7 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 8 Must comply with all traffic improvements as required by NCDOT 9 All debris and or solid waste on the property to be removed prior to issuance of special use permit 10 All outdoor storage of equipment must be enclosed within an 8 ’ tall opaque fence The Chairman reopened the Rezoning Hearing for Case 12 - 13 Case 12 - 13 Petition to rezone 182 acres of a 285 acre tract located at 12658 NC 50 Hwy North in Pleasant Grove Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 13D03029F Owner John and Joy Howell Applicant Kevin F Johnson Planning Director Berry Gray stated the petition is to rezone 182 acres of a 285 acre tract located at 12658 NC 50 Hwy North in Pleasant Grove Township from Agricultural Residential to General Business - Special Use District He noted the special use request associated with the rezoning Mr Gray reported the existing land use is zoned Agricultural Residential and was originally vacant ; however , the request did come in as a violation through the Inspections Department after the applicant put some small buildings on the property The surrounding land uses are zoned Agricultural Residential and used for such purposes ; General Business – Special Use District and used for auto body repair , appliance sales and repair , and mini - storage ; Community Business and General Business which are vacant ; and Mobile Home Park District and used for a residential mobile home park The area is located within a designated Primary Growth Area on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Additionally , the site is located within a mile of a Community Centers activity node Applicant Kevin Johnson , 1266 NC 50 North , stated he would like to relocate his business to the site Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman closed the Rezoning Hearing for Case 12 - 13 Page054 August 6 , 2012 – 6 00 pm Continued Decision on Rezoning Case 12 - 13 Case 12 - 13 Petition to rezone 182 acres of a 285 acre tract located at 12658 NC 50 Hwy North in Pleasant Grove Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 13D03029F Owner John and Joy Howell Applicant Kevin F Johnson Commissioner Tony Braswell moved the Board conclude and adopt a statement that the rezoning requested is consistent with the Comprehensive Land Use Plan , and it is therefore reasonable and in the public interest , and further that the petition for rezoning case 12 - 13 to rezone 182 acres of a 285 acre tract located at 12658 NC 50 Hwy North in Pleasant Grove Township from Agricultural Residential to General Business - Special Use District be approved Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 12 - 13 Case 12 - 13 To allow for the construction of a contractors office and storage yard Owner John and Joy Howell Applicant Kevin F Johnson Those wishing to speak on Special Use Case 12 - 13 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for the construction of a contractors office and storage yard Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 12 - 13 on April 27 , 2012 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On June 19 , 2012 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 12 - 13 and made the following recommendations Upon a motion by Mr Massengill for approval of the rezoning of Case 12 - 13 , seconded by Mr Summerlin , with a vote of 9 - 0 , Planning Board recommended approval of the Rezoning for Case 12 - 13 based on the following consistency statement Statement This request in consistent with the Comprehensive Land Use Plan in that it is a commercial request within a “ Primary Growth Area ” and located in close proximity to two community center nodes The request is reasonable in that the proposed zoning is compatible with the neighboring zoning and will not negatively impact the public Upon a motion by Mr Gathers for approval of the Special Use Conditions of Case 12 - 13 , seconded by Mr Letchworth , th with a vote of 9 - 0 , Planning Board recommended approval of the Special Use Conditions of Case 12 - 13 at the June 20 , 2012 Planning Board Meeting Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant Natural woods buffer , Leland Cypress along property lines Hours of operation will be Monday - Saturday , 8 00am to 5 00pm Staff The applicant is proposing to construct and operate a contractor’s office and storage yard The applicant will be subject to special use conditions which will ensure that the development maintains the public health , safety and general welfare of the community 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ;Page155 August 6 , 2012 – 6 00 pm Continued Applicant It will comply with all Johnston County rules and regulations as well as State and Federal laws Staff The office and storage area will meet the setback , access requirements and will comply with the use and intensity regulations as set forth in the Land Development Code 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant We are within close proximity to 50 South Auto Repair Staff The installation of the landscaping buffer around the site will sufficiently screen the site from adjacent properties This , along with the special use conditions required by the Boards , will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant This property is located on a major highway next to 50 South Auto Repair Staff Applicant’s proposed development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT Contractors office and storage yard Special Use Conditions 1 Permitted Uses Contractors office and storage yard 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Class B buffer shall be installed along residential properties 2 large tree , 3 small trees and 9 shrubs every one hundred 100 linear feet A Class A buffer shall be installed along all commercial property lines 1 large tree , 2 small trees and 6 shrubs every one hundred 100 linear feet 5 All signage shall comply with the sign code 6 All buildings and or structures if any must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation , and NCDENR 7 Lighting if any shall be dark sky and engineered so as not to shine onto adjacent properties 8 Hours of operation 6 007 00am - 9 006 00pm Monday - Saturday 9 No new driveway allowed on NC 50 Existing driveway must be used 10 Outdoor storage must be within a 8 ’ tall opaque fence Items in bold and strikethrough recommended by the Planning Board Mr Gray listed and reviewed the special use conditions with the Board Mr Gray stated the applicant will only have to fence the area for the equipment storage Applicant Kevin Johnson , 1266 NC 50 North , confirmed that he agrees to the special use conditions Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman closed the Special Use Hearing for Case 12 - 13 Decision on Special Use Case 12 - 13 Case 12 - 13 To allow for the construction of a contractors office and storage yard Owner John and Joy Howell Applicant Kevin F Johnson Based on the findings of facts and special use conditions , Commissioner Cookie Pope moved the Board authorize the Planning Department to issue a special use permit for Case 12 - 13 to allow for the construction of a contractors office and storage yard on 182 acres of a 285 acre tract located at 12658 NC 50 Hwy North in Pleasant Grove Township Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 Permitted Uses Contractors office and storage yard 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Class B buffer shall be installed along residential properties 2 large tree , 3 small trees and 9 shrubs every one hundred 100 linear feet A Class A buffer shall be installed along all commercial property lines 1 large tree , 2 small trees and 6 shrubs every one hundred 100 linear feet 5 All signage shall comply with the sign code Page256 August 6 , 2012 – 6 00 pm Continued 6 All buildings and or structures if any must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation , and NCDENR 7 Lighting if any shall be dark sky and engineered so as not to shine onto adjacent properties 8 Hours of operation 6 00am - 9 00pm Monday - Saturday 9 No new driveway allowed on NC 50 Existing driveway must be used 10 Outdoor storage must be within a 8 ’ tall opaque fence 3 Public Hearing – Code of Ordinance Amendment – Noise Ordinance Advertised – In The Smithfield Herald – July 25 and August 1 , 2012 The Chairman opened the public hearing for the purposes of allowing public comment on a proposed amendment to the Code of Ordinances , as it relates to the noise ordinance County Attorney David Mills explained that the County is authorized by North Carolina General Statutes to regulate noise and at the request of the Board , he reviewed the existing noise ordinance Mr Mills stated in his review he determined that the County’s existing noise ordinance did need some improvement in terms of being clear and less vague as well as language was needed to make the ordinance more enforceable Mr Mills reported he has added language that would define what an unreasonably loud and disturbing noise would be in an effort to provide clarity Mr Mills stated he has also added factors that would go into determining whether a noise is considered unreasonably loud or disturbing as well as listed events or acts that would be in violation of the ordinance Mr Mills continued that he made adjustments to the list of exceptions as well as enforcement , but noted that the ordinance remains relatively close to its original intent He offered to answer any questions James Stephenson , 5581 Elevation Road , Benson , stated he has reviewed a revised copy of the amendment and that language regarding the modification of all terrain vehicles from original factory settings that was included in the original amendment was deleted Mr Stephenson asked for that language to be included in the final amendment to be considered for adoption Mr Mills stated that language should not have been deleted and it could easily be added back to the amendment for consideration by the Board Steve Beals , 124 Oak Ridge Drive , Oak Ridge Subdivision , stated that he along with the other residents in Oak Ridge Subdivision have reviewed the proposed amendment and he asked if the ordinance amendment would help fix the problem they are having in Oak Ridge Subdivision with a resident that is shooting guns in the subdivision Mr Beals asked how the ordinance would be enforced Mr Mills responded that he cannot guarantee that the amendment would solve the problems in Oak Ridge Subdivision ; however , he stated he has tried to draft an ordinance amendment that will provide clarity so people will understand what is allowed and what is not Mr Mills reported enforcement of the ordinance depends on a number of factors as with any criminal statute that is to be enforced Mr Mills explained that there has to be probable cause in order for an arrest to be made or citation to be issued and then the case must be proved beyond a reasonable doubt Mr Mills continued that just because shooting or a noise is going on in a certain neighborhood , if the Sheriff’s Deputy does not observe the noise or a violation of the ordinance , then that Deputy has no evidence of the violation and may not be able to issue a citation based on probable cause Mr Mills explained that if an individual does witness the violation and can identify who is violating the ordinance , then that individual would have the ability to go to the Magistrate’s Office and swear under oath that there is probable cause to believe a person has violated the ordinance and should be prosecuted Mr Mills stated at that point , the Magistrate would issue a criminal summons which would be served by the Deputy Mr Mills reiterated that he has tried to draft an ordinance so that everyone can understand what is allowed and what is not , but whether a Deputy will be able to go out and arrest an individual or issue a citation depends on whether that Deputy has probable cause to believe a crime has occurred Mr Mills reminded everyone that even if a criminal summons can be issued , the crime would then have to be prosecuted and a judge or jury would have to be convinced beyond a reasonable doubt that a crime was committed and that the defendant committed the crime Mr Mills stated he has done his best to come up with an ordinance that is enforceable , but the same rules will apply to the noise ordinance as they would any crime and the rules of due process will come into play Mr Beals stated the shooting problem in Oak Ridge Subdivision is more of a safety issue and if the noise ordinance amendment is not going to help their problem , then the firearms ordinance needs to be revisited to prohibit shooting in residential subdivisions Page357 August 6 , 2012 – 6 00 pm Continued Catherine Baldwin and Johnny Yarborough , 115 Oak Ridge Drive , Oak Ridge Subdivision , informed the Board that Ms Baldwin’s grandchildren recently came to visit and it seemed to her that every time the children went outside to play , the resident in question began shooting and the children had to come inside because they were afraid Ms Baldwin stated she moved to Johnston County for peace and quiet and she asked the Board for their help before someone gets hurt Mr Yarborough reported he has tried to put up with the shooting in Oak Ridge Subdivision ; however , he stated that recently he had to call the Sheriff’s Office twice and noted that last week he called because bullets were coming onto his property Mr Yarborough stated it seems that every time he goes outside , the shooting begins Mr Yarborough stated he has witnessed the individual shooting in his own front yard and he asked what more probable cause is needed Mr Mills reiterated that the incident needs to be taken to the Magistrate’s Office Mr Beals readdressed the Board and stated if the noise ordinance amendment will fix the problem then they support it ; however , he added that he does not believe the amendment will solve their problem Mr Beals stated the firearms ordinance needs to be changed so that people are not allowed to shoot in a residential subdivision Chairman Allen L Mims , Jr stated that the amendment may not fix the Oak Ridge Subdivision problems ; however , he stated he believes the changes proposed in the noise ordinance amendment will help alleviate other issues and the Board needs to adopt it Sheriff Steve Bizzell agreed that the residents in Oak Ridge Subdivision do have a problem and he hopes that the noise ordinance amendment will help the situation Sheriff Bizzell stated the subdivision residents are going to have to get involved and come and see the Magistrate to report what has occurred and identify the person firing the weapon Sheriff Bizzell stated he along with the Commissioners wants to help the residents and he hopes the noise ordinance amendment will offer some assistance Sheriff Bizzell noted if the Deputies cannot witness the shooter to establish probable cause , then the residents must take the initiative to come and see the Magistrate Upon questions by Commissioner Wade M Stewart , Mr Mills confirmed that if the residents witness the neighbor shooting in the subdivision in violation of the ordinance and press charges , the shooter could be convicted if a judge or jury determines that he she was the shooter and was shooting in violation of the ordinance Sheriff Bizzell stated he and his staff have worked with the County Attorney on the noise ordinance amendment and they believe it will help He noted the biggest problem they will have is getting the probable cause needed to make an arrest Sheriff Bizzell pointed out that determining probable cause would still be an issue even if changes were made to the firearms ordinance that prohibited shooting in subdivisions The Board , the County Attorney , and Mr Beals further discussed the events taking place in Oak Ridge Subdivision and how probable cause is and can be determined Commissioner DeVan Barbour sympathized with the Oak Ridge Subdivision residents Commissioner Barbour stated he believes the noise ordinance amendment needs to be adopted ; however , he noted that he is not totally optimistic that it will solve the Oak Ridge Subdivision residents ’ problems Commissioner Barbour stressed the need to find a way to deal with the situation in Oak Ridge so the matter can be brought under control Ginger Newsome , 108 Oak Ridge Drive , Oak Ridge Subdivision , stated that she feels the matter is being put back on the residents to deal with Ms Newsome expressed her frustrations to the Board regarding the situation Chairman Mims stated the residents would not have to hire their own attorney , but they would need to witness the incidents and then press charges with the Magistrate Mr Mills confirmed the comments by Chairman Mims and stated the District Attorney’s Office would prosecute the case Guy Fowler , 253 Hillgrove Drive , Willow Spring , Fieldstone Manor Subdivision , adjacent to Oak Ridge Subdivision , addressed the Board Mr Fowler stated the residents of Fieldstone Manor sympathize with OakPage458 August 6 , 2012 – 6 00 pm Continued Ridge Subdivision Mr Fowler reported he has heard the gunshots coming from Oak Ridge Subdivision and stated it is an incredible amount of shooting He stated he lives 200 yards away and he has been woken up at night by the gun shots Mr Fowler stated he would be willing to take the matter up with the Magistrate’s Office , but he asked the Board for help Commissioner Barbour referenced earlier comments by Mr Yarborough and stated if bullets are crossing property lines then that is a violation of the firearms ordinance Mr Beals stated because of the shooter’s fence , the residents cannot witness who actually fired the weapon Mr Mills clarified that even though there are difficulties involved with pressing charges if there is no eye witness , there are other ways to prove violations Commissioner Stewart asked if no one can personally identify the shooter because of the fence , could the property owner be held accountable for actions that are taking place from that particular dwelling Mr Mills responded he would have to research the responsibility of a property owner ; however , he stated if the property owner is aware of the situation and allows it , then there could be accessory charges Captain Danny Johnson , Johnston County Sheriff’s Office , offered that the residents in Oak Ridge Subdivision could file a civil complaint against the shooter Captain Johnson stated a civil matter is easier to prove in that with a criminal matter there must be probable cause whereas with a civil matter , it only has to be reasonable Mr Mills agreed that in a civil nuisance action , the burden of proof is much less Upon questions from audience members as to what actions they could take to prove probable cause , Mr Mills suggested the residents consult with the District Attorney There being no further comments , the Chairman closed the public hearing Commissioner DeVan Barbour moved the Board approve the amendment to the Code of Ordinances , noise ordinance following with the additional language regarding modifying the factory settings of vehicles , motorcycles , and ATVs as requested during the public hearing Commissioner Cookie Pope seconded the motion which carried by unanimous vote Note A second vote will be required at the September 4 , 2012 6 00 pm meeting due to the absence of Commissioner W Ray Woodall Sec 12 - 32 - Loud and disturbing noise a Subject to the provisions of this article , the creation , causing , or allowing of any unreasonably loud or disturbing noise in the county is prohibited and unlawful b For the purposes of this section , the following definitions shall apply l Unreasonably Loud Noise which is substantially incompatible with the time and location where created to the extent that it creates an actual or imminent interference with peace , order , or calm of the area or which is obnoxious to or unreasonably disturbing to a person whose residence , work or commercial enterprise is within a reasonable proximity to the point , place or person from which such noise is emanating or emanated and the noise is such a kind , nature , duration or extent that a reasonable person would consider the noise to be unreasonably loud or disturbing 2 Disturbing Noise which is perceived by a person of reasonable and ordinary firmness and sensibilities as interrupting the normal peace , order , or calm of such person or persons or that of the proximal area or tending to annoy , disturb , or frighten such persons in such proximity to the point , place or person from which such noise is emanating or emanated that a person of reasonable and ordinary firmness and sensibil