November 13, 2000 - 7:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 364 November 13 , 2000 The Johnston County Board of Commissioners met in Regular Session , Monday , November 13 , 2000 , at 7 00 pm in the Commissioners ’ Room , Johnston County Courthouse Annex , Smithfield , North Carolina , with the following members Present James H Langdon , Jr , Chairman , Cookie Pope , Vice - Chairman , , Jerry F Wood , DDS , Eleanor N Creech , Thomas M Moore , Wade M Stewart and Allen L Mims , Jr Absent None Also Present Rick Hester , County Manager , Joyce H Ennis , Clerk to the Board , Mark Payne , County Attorney , and John R Massey The Chairman called the meeting to order and the following business was transacted Public Comments 1 Request for Equipment - Motorcycles for Sheriff’s Department Sheriff Steve Bizzell requested the Board adopt a resolution accepting the Governor’s Highway Safety Grant , which would enable him to purchase two motorcycles for the Patrol Division He also asked that the Board authorize him to use money within his existing budget for the required match Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board adopted the following resolution accepting the Governor’s Highway Safety Grant for the Sheriff’s Department to purchase two motorcycles for the Patrol Division , and authorized Sheriff Bizzell to use money within his budget for the required match RESOLUTION WHEREAS , the Johnsto n County S heriff’s Office , herein c alled the “ Ap plicant , ” has tho roughly considered the problem , addressed in the application entitled Application for Highway Safety Project Grant , and has reviewed the project described in the application ; and WHEREAS , under the terms of Public Law 89 - 564 as amended , the United States of America has authorized the Departm ent of Tran sportation , thr ough the N orth Caro lina Gove rnor’s Highway S afety Progra m , to make federal contracts to a ssist local gove rnment in the im provem ent of highway sa fety , NOW THEREFORE BE IT RESOLVED BY THE JOHNSTON COUNT Y BOAR D OF CO MMISS IONERS , IN TH OPEN MEETING ASSEMBLED IN THE COUNTY OF JOHNSTON , THIS 13 DAY OF NOVEMB ER , 2000 , AS FOLLOWS 1 That the project referenced above is in the best interest of the Applicant and the general public 2 That Sheriff Steve Bizzell be authorized to file , in behalf of the applicant , an application , in the form prescribed by the Governor’s Highway Safety Program , for federal funding in the amount of 32,373 to be made to the Applicant to assist in the cost of the project described in the contract application 3 That the Applicant has formally appropriated the cash contribution of 10,4 57 as req uired by the p roject 4 That the Proje ct Director designated in the application form shall furnish or make arrangement for other persons to furnish such information , d ata , docum ents , and rep orts pertaining to the proje ct , if approved , as may be required but the Governor’s Highway Safety Program 5 That certified copies of this resolution be included as part of the application referenced above 6 That this reso lution shall take effe ct immedia tely upon its ad option 2 Citizen offers Information on Minimum Housing Code Patricia Oliver , Mobile Home Park owner in Selma , presented information for the Board to consider on minimum housing code 3 Public Hearing - 7 00 pm - Rezoning and Special Use Permits Advertised - 10 31 and 11 7 - In The Smithfield Herald - Certified letters mailed to adjoining property owners on 11 2 and notices posted at the locations on 10 26 The Chairman opened the rezoning public hearing and invited interested persons to make comment on the following cases Case 514 Petition to rezone approximately 1012 acres located on Mt Pleasant Road SRPage365 1533 in Pleasant Grove Township from AR to General Business - Special Use District Owner and Applicant Greg Scott Johnson Cal Genereux , Planning Director , indicated the property on the GIS map and noted it is located in Pleasant Grove Township near the Wake County Line The surrounding zoning is Agricultural Residential and resort residential Greg Johnson , applicant , 111 G - Long Drive , Garner , stated he wants to rezone the property in order to build a small machine shop The shop would be next to his home , and should not create much additional traffic for the area There will no large trucks coming in and out at the site Mr Genereux stated the Planning Board recommended approval The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 514 Case 514 Petition to rezone approximately 1012 acres located on Mt Pleasant Road SR 1533 in Pleasant Grove Township from AR to General Business - Special Use District Owner and Applicant Greg Scott Johnson Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board approved rezoning case 514 for Greg Scott Johnson of approximately 1012 acres located on Mt Pleasant Road SR 1533 in Pleasant Grove Township from AR to General Business - Special Use District The Chairman opened the Public Hearing on Special Use Permit Request Those wishing to speak on Case 514 were sworn in by the Clerk to the Board Case 514 Special use permit application for a machine shop on approximately 1012 acres located on Mt Pleasant Road SR 1533 in Pleasant Grove Township from AR to General Business - Special Use District Owner and Applicant Greg Scott Johnson Mr Genereux stated that Mr Johnson plans to produce small prototype parts for a few companies in Research Triangle Park and will only advertise through word of mouth He stated his production will consist of about ten pieces per customer , and he does not plan to employ full time employees Mr Genereux stated the Planning Board recommended approval He offered the following summary of evidence on Rezoning Case # 514 A pre - application hearing was held with the applicant on August 23 , 2000 At that time the app licant was informed of the following If approved , applicant must provide to the Planning Office a Site Plan for their review a nd appr oval Applicant must comply with the requirements of the Johnston County Zo ning Ordin ance regar ding landscaping , buffering and fencing 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 appe al to Super ior Court m ust be exerc ised within thirty 30 days of the receipt of notice of denial by the B oard of Com missioners Applican t’s Special Use Permit will expire at the end of twe lve 12 m onths if it is not used as permitted within that time period When necessary , staff informed the applicant of further Planning O ffice requirem ents and the requireme nts of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and pub lic utility requirements Subsequent to the pre - application conference , all required notices were mailed to property owners within 500 feet , the property was posted and notices of public hea rings were ad vertised in acc ordance with the requirements of the North Carolina G eneral Statutes On September 19 , 2000 , the Johnston County Planning Board held a public meeting regarding this case and made the following recommendations Approval of rezoning to General Business - Special Use District - Machine Shop Their d ecision was based on the following findings of fact , with the following conditions attached Findings of facts 1 The proposed use will be for a machine shopPage366 2 The proposed use will not have a negative effect on surrounding properties Conditions 1 No Adve rtising sign s 2 Hours of operation 7 00 am - 10 00 pm 3 Days of operation Sunday - Saturday In response to a comment from Commissioner Eleanor N Creech concerning the hours of operation , it was noted the Planning Board recommended approval of the requested hours due to the remote location of the site , and the fact the applicant will be working odd hours around his regular job Mr Johnson noted all operation will be inside the building and should not be loud enough to disturb anyone The Chairman recessed the Special Use Permit Hearing Decision on Application for Special Use Permit - Case 514 Case 514 Special use permit application for a machine shop on approximately 1012 acres located on Mt Pleasant Road SR 1533 in Pleasant Grove Township from AR to General Business - Special Use District Owner and Applicant Greg Scott Johnson Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to Greg Scott Johnson for a machine shop on approximately 1012 acres located on Mt Pleasant Road SR 1533 in Pleasant Grove Township from AR to General Business - Special Use District based on the following findings of facts and conditions Findings of facts 1 The proposed use will be for a machine shop 2 The proposed use will not have a negative effect on surrounding properties Conditions 1 No advertising sign s 2 Hours of operation 7 00 am - 10 00 pm 3 Days of operation Sunday - Saturday The Chairman re - opened the Rezoning Public Hearing Case 515 Petition to rezone approximately 1444 acres located on Old Fairground Road SR 1309 in Pleasant Grove Township from AR to General Business - Special Use District Owners and Applicants Kenneth D McLamb and Glenda W McLamb Mr Genereux indicated the property on the GIS Map and stated it is located in Pleasant Grove Township near the Harnett County Line Surrounding zoning is predominately Agricultural Residential Kenneth McLamb , applicant , who lives on Old Fairground Road in Benson , stated he plans to operate an auto body shop and garage on the property He asked the Board to approve the rezoning Mr Genereux stated the Planning Board recommended approval The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 515 Case 515 Petition to rezone approximately 1444 acres located on Old Fairground Road SR 1309 in Pleasant Grove Township from AR to General Business - Special Use District Owners and Applicants Kenneth D McLamb and Glenda W McLamb Upon a motion by Commissioner Jerry F Wood , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 515 for Kenneth D McLamb and Glenda W McLamb of approximately 1444 acres located on Old Fairground Road SR 1309 in Pleasant Grove Township from AR to General Business - Special Use District The Chairman re - opened the Public Hearing on Special Use Permit Request - Those wishing to speak on Case 515 were sworn in by the Clerk to the Board Page367 Case 515 Special use permit application for a body shop and garage on approximately 1444 acres located on Old Fairground Road SR 1309 in Pleasant Grove Township from AR to General Business - Special Use District Owners & Applicants Kenneth D McLamb and Glenda W McLamb Mr Genereux directed the Board’s attention to the site plan and photographs He noted the area is mostly a wooded site with natural buffers Mr McLamb wants to build an auto body shop and garage for his son to operate , first on a part - time basis , then on a full time basis once it becomes established He plans to landscape around the property since his son will be building a home next to the business Mr McLamb does not plan to participate in the Highway Patrol rotation list and will put up fencing to protect the cars and keep the property looking neat and respectable Kenneth McLamb asked the Board to approve the rezoning Mr Genereux presented the following summary of evidence on Rezoning Case # 515 A pre - application hearing was held with the applicant on August 24 , 2000 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 a nd appr oval Applicant must comp ly with the requirements of the Johnston County Zo ning Ordin ance regar ding landscaping , buffering and fencing 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 acc epted for the same use affecting the same property for a period of twelve 12 months and that their righ t of appeal to Superior Court mus t be exercise d within thirty 30 days of the receipt of notice of denial by the B oard of Com missioners Applican t’s Special Use Permit will expire at the end of twelve 12 months if it is not used as permitted within that time period When necessary , staff informed the applicant of further Planning Office requ irements and the requireme nts of other departm ents such as soil erosion and sedime ntation requirements , Health D epartment regulations , stormwater and pub lic utility requirements Subsequent to the pre - application conference , 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 G eneral Statutes On Septemb er 19 , 20 00 , the Jo hnston Co unty Planning Board held a public meeting regarding this case and made the following recommendations Approval of rezoning to General Business - Special Use District Body Shop & Garage Their decision was based on the following findings of fact with the following conditions attached Findings of facts 1 The proposed use will be for a body shop and garage 2 The proposed use will not have a negative impact on surrounding properties Conditions 1 Days of operation Monday - Saturday 2 Hours of operation 7 00 am - 10 00 pm 3 Maintain a minimum of 15 feet buffer already in existence on b oth sides and the front of the business The Chairman recessed the Special Use Permit Hearing Decision on Application for Special Use Permit - Case 515 Case 515 Special use permit application for a body shop and garage on approximately 1444 acres located on Old Fairground Road SR 1309 in Pleasant Grove Township from AR to General Business - Special Use District Owners and Applicants Kenneth D McLamb and Glenda W McLamb Upon a motion by Commissioner Jerry F Wood , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to Kenneth D McLamb and Glenda W McLamb for a body shop and garage on approximately 1444 acres located on Old Fairground Road SR 1309 in Pleasant Grove Township from AR to General Business - Special Use District based on the following findings of facts and conditions Findings of facts 1 The proposed use will be for a body shop and garage 2 The proposed use will not have a negative impact on surrounding properties ConditionsPagePage pageNumber5368 1 Days of operation Monday - Saturday 2 Hours of operation 7 00 - 10 00 pm 3 Maintain a minimum of 15 feet buffer already in existence on both sides and the front of the business 4 Public Hearing Amendments to the Johnston County Development Advertised October 31 and Nov 2 , 2000 in The Smithfield Herald The Board heard comments on proposed amendments to the Johnston County Development Ordinance Article 4 , Mobile Home Restrictions ; Article 9 , Flood Damage Prevention ; Article 11 & 12 , Sign Ordinance and Amortization of Non - Conforming Signs ; Article 14 , Ordinance Enforcement ; and General Housekeeping Items throughout the ordinance , including clarification of terms Dave Roesler , Assistant Planning Director , reviewed with the Board the proposed amendments Article 4 - Mobile Home Restrictions Mack Jones , chair of a committee appointed by the Chairman to review the issues concerning mobile homes , stated the committee unanimously supports the recommended amendments Jean Kelly , with Kelly - Ricks Mobile Home Moving Service in Selma , suggested the ordinance be adjusted to allow Inspections to issue a certificate of occupancy CO before skirting is placed on a mobile home She also questioned the requirement of wheel and tongue removal noting that often the tongue is not detachable In discussion , it was pointed out the only way to assure skirting is used is to require it to be installed prior to final inspection Concerning the removal of wheel and tongue , Board members assured Ms Kelly that they interpret the ordinance to mean only movable tongues are to be removed Patricia Oliver from Selma stated it only takes a couple of days to completely set up a mobile home if a person uses professionals to do the job Heather Moore with TV 35 suggested a temporary CO and give the occupant the opportunity to call for a final inspection in a few days The Chairman recessed the public hearing Decision on Amendments for Article 4 of the Development Ordinance Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board adopted the amendments to Article 4 of the Development Ordinance concerning mobile home restrictions as presented , to be effective November 14 , 2000 The Chairman reopened the public hearing Articles 11 & 12 - Sign Ordinance and Amortization on Non - Conforming Signs Attorney Lew Starling spoke on behalf of JR Tobacco and stated his client basically agrees with the proposed changes with a few minor exceptions Carl Edwards with Eastern Outdoor corporation suggested a couple of points for clarification , and requested the required distance from commercial be changed to 600 feet to make it consistent with DOT Also discussed was the dollar figure for repairs before a billboard is considered non - conforming and must be removed He suggested the 1000 figure was too low Joe Mitchner from Raleigh spoke on behalf of his aunts who lease property for billboards He noted these ladies , as well as others in the County , depend on these leases for their income He asked the Board to grandfather the location of existing signs , but allow them to be moved further from the road if replaced J E Wilson , billboard owner , suggested owners be allowed at least 18 months to replace wooden poles with metal monopoles Also , speaking on billboards and their benefit to the property owner , as well as the general public ,PagePage pageNumber6369 were Doris Parrish of Smithfield who rents a sign on her property in Wilson’s Mills , Donna Bailey Taylor with the Visitors Bureau , and Kirk Edgerton who owns Fairway Advertising The Chairman recessed the public hearing Decision on Amendments to Article 11 and 12 of the Development Ordinance Following further discussion , Commissioner Allen L Mims , moved the Board change the annual dollar amount allowed for repairs from 1000 to 2500 for wooden structures , and 6,000 for metal monopoles , and approve the other recommended amendments on this portion of the ordinance as proposed , which includes the deletion of the section on amortization Commissioner Thomas M Moore seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Eleanor N Creech , Jerry F Wood , Thomas M Moore and Allen L Mims , Jr Nays Cookie Pope and Wade M Stewart The Chairman reopened the public hearing Article 14 - Ordinance Enforcement Issues Mr Roesler reviewed with the Board the recommended amendments to Article 14 There being no further comments , the Chairman recessed the public hearing Decision on Amendments to Article 14 of the Development Ordinance Commissioner Allen L Mims , Jr moved the Board approve the proposed amendments to Article 14 as presented Commissioner Thomas M Moore seconded the motion , which carried by unanimous vote The Chairman reopened the public hearing Entire Ordinance - Housekeeping Items Including Clarification of Terms Mr Roesler reviewed with the Board proposed changes throughout the Development Ordinance that he referred to as “ housekeeping items and clarification of terms ” There being no further comments , the Chairman recessed the public hearing Commissioner Allen L Mims , Jr , moved the Board approve the recommended amendments presented as “ housekeeping issues and clarification of terms throughout the ordinance ” Commissioner Thomas M Moore seconded the motion , which carried by unanimous vote The Chairman reopened the public hearing The Board discussed proposed amendments to Article 9 on flood damage prevention , and issues concerning open space provisions ; however , they agreed to postpone action on these matters until a later meeting The Chairman closed the public hearing Development Ordinance Amendments - Adopted November 13 , 2000 Article 4 Zoning District Regulations Section 441 AR District 4411 b Individual mobile homes that utilize an individual well and septic tank at a density of 1 d welling unit per acre based o n the gross land area of a dev elopment and the follow ing conditions DELETE 1 Any mobile home manufactured prior to 1976 , for the purpose of this ordinance , is considered a nonconforming structure PagePage pageNumber7370 ADD 1 No mobile h ome ca n be mo ved from anothe r county into Johnston Coun ty’s jurisdiction that has a manufactured date prior to 1976 DELETE nor can a mob ile home currently lo cated with in the County’s jurisdiction b e move d to a pa rcel within the AR District that has a ma nufactu red date in accordance with the following schedule a For a Land Use Per mit reque sted for the c alenda r year 20 01 - a m anufac tured da te prior to January 1 , 1989 b For a Land Use Per mit reque sted for the c alenda r year 20 02 - a m anufac tured da te prior to January 1 , 1991 c For a Land Use Per mit reque sted for the c alenda r year 20 03 - a m anufac tured da te prior to January 1 , 1993 ADD 2 All mobile h omes tha t are mov ed to a pa rcel , or lot , within the AR District shall m eet the following standards a ADD Each DELETE All mobile home must have exterior siding that is either painted , or stained wood such as bo ard and batten , or bo ard - on - board , ma sonite , simulated stucco , residential grade aluminum , or vinyl lap siding A ll siding shall be in g ood co ndition , ADD complete , not damaged or loose ; b Each mobile home shall either have a brick curtain wall or have ABS , or PVC plastic color skirting with interlocking edges keylocked installed around the perimeter of the home Skirting shall be attractive and in good condition and shall be laid - up in an attractive , workmanlike manner ; ADD c Each M obile home h aving a pa inted exterior , shall have the exterior paint in good condition , not peeling or any rust showing through ; d Each mobile home shall have all windows and doors intact and in working condition ; e Each mobile home shall have in place permanent steps , meeting North Carolina Building Code ; and f All repairs made to the exterior of the mobile home shall be made to be consistent with the “ original intent or integrity ” of the mobile home when that mobile home was built For example If repairs are made to the siding , material as close to , or consistent with , the original siding sha ll be used 3 All condition s listed in 441 b 3 above shall be complied with before a Certificate of Occupancy and Compliance is issued for the mobile home 4 All single - wide m obile hom es and sin gle - wide manu factured h omes , reg ardless of a vailability of public utilities , shall have a minimum lot size of one acre 444 Residential - Mobile Home Park District R - MHP DELETE 4442 Minimum Land Area The minimum land area for a mobile home park dwelling unit shall be a With Pu blic water a nd sewe r conne cted - 9,00 0 squar e feet b With pub lic water an d septic tan k - 15,00 0 squar e feet ADD 4442 The following uses are permitted as a principal use a An individual mobile home that utilize a public water and sewer system at a density of 4 dwelling units per acre based on the gross land area of the mobile home park ; or b An individua l mobile h ome tha t utilized a pu blic water system and septic tank at a density of 3 dwelling units per a cre based on the gr oss land a rea of the m obile hom e park DELETE 4443 Minim um Lot Wid th and Dep th Requirem ents DOCR Section 2154 a The min imum lot width sh all be 75 fe et b The min imum lot depth sh all be 120 feet ADD 4443 Minimum Internal Building Setback Where no individ ual lot lines in ternal to the mobile home park exist , each mobile home shall be no closer that twenty 20 feet from another mobile home 4448 M obile Ho me Park Use Ap pearance Requirem ents g Exterior Appearance DELETE All mob ile home s must ha ve exterior sid ing that is either painted or stained wood such as board and batten or board on board or masonite or simulated stucco or residential grade aluminum or vinyl lap siding ADD All mobile hom es shall meet the followin g standards 1 Each mobile home must have exterior siding that is either painted , or stained wood such as boa rd and batten , or board - on - bo ard , ma sonite , simu lated stucc o , residentia l grade a luminum , or vinyl lap siding All siding shall be in good condition , complete , not damaged , pierced or loose ; 2 Each mobile home shall either h ave a bric k curtain w all or have ABS p lastic color sk irting with interlocking edges key locked ins talled arou nd the p erimeter o f the hom e before a certificate of occupancy is issued Skirtin g shall be attractive and in good condition , not pierced , and shall be laid - up in an attractive , workmanlike mannerPagePage pageNumber8371 3 Each Mobile home having a painted exterior , shall have the exterior paint in good condition , not peeling or any rust showing through ; 4 All windows and doors shall be intact and in working condition ; and 5 Permanent steps , meeting North Carolina Building Code shall be in place DELETE h Foundation Each h ome sh all either ha ve a brick c urtain wa ll or have A BS plas tic color skirting with interlocking edges keylocked installed around the perimeter of the home b efore a certificate of occupancy is issued Skirting shall be attractive and in good condition , not pierced , and shall be laid - up in an attractive , workmanlike manner j Roof Pitch The pitch of the main roof of the building shall have a minimum rise of one foot for each five feet of horizontal run RENUMBER j Project Identification Sign k Sidewalks l Solid Waste m Residential Req uirements 44411 Certificate of O ccupanc y ADD and Compliance The Board of County Commissioners will authorize the DELETE Planning Department ADD Inspections Department to issue a Certificate of Occupancy and Compliance A certificate of occupancy must be authorized and issued by the DELETE Planning ADD Department Inspectio ns Dep artmen t prior to occupancy of a mobile home park Construction must conform to the approved plan 452 ENVIRONMENTALLY SENSITIVE AREA DISTRICT ES 4522 D elineation of DELETE Riparian Buffers a Perennial Stream ADD Buffers Perennial stream buffers shall be measured from the top of the channel bank and extend landward a minimum distance of one hundred 100 feet measured horizontally on a line perpendicular to the wa ter body , subject to the following co nditions b Intermittent Stream ADDBuffers Intermittent stream buffers shall have two zones as described below d Exemptions The following are exempt from the DELETE riparian ADD stream buffer requir ements of this section ARTICLE 9 STORMWATER MANAGEMENT 921 Ex ceptions to Applicab ility The provisions of this chapter shall not apply to a Existing dev elopmen t s that is continue d and ma intained ; ADD and DELETE b Expansion to structures identified as existing development ; and RENUMBER b Activities on a bona fide farm unless the activity is for non - farm purpose 96 Stormwater Facilities ADD Easem ents 972 Riparian Buffer DELETE Areas ADD Zones 9921 The riparian buffer ADD Zones shall consist of two zones as described below 98 3 Riparian Buffer - No Development Allowed ADD - Environmentally Sensitive Area District 99 DELETE Riparian Buffer Exemptions The following are exem pt from this DELETE Reparian buffer require ment ARTICLE 11 SIGNS 11101 Specific Sign Regulations On Premises Signs ADD The maximum percentage of building facade coverage for a wall sign s shall be no larger than ten percent 10 of the building facad e or wall to which th e sign is attached ; or , the total amount of on premises sign area permitted on any one lot shall not exceed 125 times the amount of street frontage On lots with frontage on more than one 1 street , the longest dimension may be used to calculate the maximum sign area permitted When no freestanding sign other than a ground sign or monument sign is proposed , a 10 increase in permitted sign area shall be allowed 11132 Stand ards for Outdoo r Advertising Signs All outdoor adve rtising sign shall meet the following provisions a The maximum area for any one sign with a monopole type design and construction shall be five hundred 500 square feet of display area , or three hundred 300 square feet o f display area if of a non - monopole type design , with a maximum height of twenty 20 feet and maximum length of fifty 50 feet , inclus ive of any bo rder and trim but excluding the base or apron , supports and other structural members If an advertising message appears on the base or apron , it will not be excluded from the maximum dimensions Not more than one 1 face , DELETE or ADD nor more tha n two 2 advertising m essages , are a llowed on each side o f the display f Outdoo r advertising sign s shall be so loc ated that 3 That such signs shall be so located within DELETE eight ADD six hundredPagePage pageNumber9372 DELETE 800 ADD 600 feet of an existing valid and operating industrial or comme rcial business ; 4 That such signs shall b e no closer that one thou sand 10 00 feet from any DELETE parcel of land containing a ADD existing residential structure ADDor major recorded residential subdivision ; and , 5 That such signs shall be at lea st fifty 50 feet off the p ublic right - of - way and no more ARTICLE 12 NONCONFO RMITIES 1222 Required Comb ination or R ecomb ination of N onconfo rming Lots Where a noncon forming lot ADD abuts another lot of record whether co nforming o r noncon forming held in the same ownership at or sub sequent to enactment of this chapter , such lots shall be combined or recombined as necessary to form a con forming lot o r lots and shall no t thereafter be su bdivided except in compliance with all the requirements of this chapter 1252 Regulations Nonconform ing signs may be continued sub ject to the following limitations 3 When the repair , DELETE maintenance , or replacement co st of a nonconforming sign ex ceeds DELETE five hundred 500 ADD exceeds twenty - five hundred dollars 2,500 for a sign located on a wood base , or six thousand dollars 6,000 for a sign located on a metal base , dollars , such sign shall be eliminated or made to conform to the current regulations of this chapter 1253 Amortization of Nonconforming Signs c DELETE Any no nconfo rming sig n other than those to which a or b above applies shall be either eliminated or made to conform to the current regulations of this chapter f Within five 5 years after the date of the notice of nonconformity required in Section 117 for signs for which a sign permit was issued after January 1 , 1995 ; or g Within three 3 years after the date of the notice of nonconformity required in Section 117 for signs for which a sing permit was issued prior to January 1 , 1995 ARTICLE 14 ENFORCEMENT 144 Penalties and Remedies ADD 1441 Criminal Penalties Any violation of an y provision o f any Article of the J ohnston C ounty Developm ent Ordina nce shall constitute a misdemeanor and shall subject the violator to a penalty of five hundred dollars 50000 or imprisonment for not mo re than thirty 30 days Any act constituting a v iolation of this ch apter shall also subject the offender to a civil penalty of one hundred dollars 10000 If the offender fails to pay the penalty within ten 10 days of receiving final written notice of a violation , the penalty may be recovered by the County in a civil action in the nature of a debt A civil penalty may not be appealed to the Board of Adjustment if the offender rec eived a final written notice of violation and did not appeal to the Board of Adjustme nt within forty - five 45 days of the receipt of the written notice Each day that any vio lation continu es after receip t of the final written notice of such violatio n shall constitute a separate v iolation and a separate offense for purposes of the pe nalties and remedies specified herein The County ma y hold or rev oke the issuan ce of any Co unty permit for land or structu res upon w hich a violation has occurred or one otherwise impacted by a violation For any building or structure which requires or has received a Certificate of Occupancy , and is being maintained in violation , or is directly impacted by a violation of this Ordinance ; said violation is deemed to be an applicable ordinance pursuant to Section 3091 of the North Carolina State Building Code and no Certificate of Occupancy may be issued until the violation is corrected ADD 1442 Civil Penalties The County Zoning En forcement Officer , and any planning department employee designated as having authority to assess civil penalties under this ord inance are hereby empowered to issue civil citations upon the obser vance o f a violation of this ordin ance The minim um civil penalties for violation of this ordinance sh all be as follows b Restitution of Damages The County may see k restitution o f dama ges or extra expense s includin g the cost of clean up , resulting from any violation of this ordinance The minimum charge for clean up will be 2500 Actual ch arges will b e determ ined by th e plann ing Direc tor or auth orized pe rsonnel c Monetary Penalties The minim um civil penalties for violation of this ordinance sh all be as follows First offense 100 Second o ffense 300 Subsequent offenses 500 In addition to the penalties and remedies a bove , the P lanning Dire ctor may institute a ny appro priate action or proceedings to prevent , correct , or abate a violation of this chapter Page0373 5 Board Reports and Comments A Ambulance Franchise Contract The Board again discussed the proposal for an exclusive convalescent ambulance contract The Chairman stated he and Commissioner Wade M Stewart have met with staff and recommend an exclusive contract with Johnston Ambulance Service JAS He noted the fee that JAS had originally proposed has been removed from their offer Commissioner Wade M Stewart moved the Board award an exclusive contract to JAS as recommended Commissioner Jerry F Wood seconded the motion Discussion Commissioner Allen L Mims , Jr asked for clarification of what an exclusive contract would mean for the private nursing homes in the County Attorney Mark Payne explained the convalescent homes would be expected to use the exclusive contractor for calls within the County , however any ambulance company could provide transport service to an out - of - town facility Following further discussion , Commissioner Thomas M Moore moved the motion on the floor be tabled Commissioner Eleanor N Creech seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Eleanor N Creech , Thomas M Moore , Allen L Mims , Jr , Jerry F Wood and Cookie Pope Nays Wade M Stewart B Recommendation To Name Hwy 50 Bridge Over I - 95 the “ Earl Easy Creech Bridge ” Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Board agreed to support the name “ Earl Easy Creech Bridge ” for the Highway 50 bridge over I - 95 C Release of Share of State Funds to Triangle J COG Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Jerry F Wood and carried by unanimous vote , the Board adopted the following resolution to release to Triangle J COG the County’s portion of state funds appropriated to assist regional organizations RESOLUTION 2000 2001 BY JOHNSTON COUNTY WHEREA S , in North C arolina the Lead Regional Organizations , as voluntary organizations serving municipal and coun ty governments , have established productive working relationships with the cities and counties across the state ; and WHEREA S , the General Assembly continued to recognize this need through the appropriation of 990,000 to help the Lead Regiona l Organizations assist local governm ents with grant applications , econom ic develop ment , community development , and to support local industrial development activities and other activities as deemed appropriate by their local governments ; and WHEREA S , these funds are not intended to be used for payment of members ’ dues or assessments to Lead Regional Organization or to supplant funds appropriated by the member governments ; and WH EREA S , in the event that a request is not m ade by a un it of governm ent for release of these funds to our Regional Council , the available funds will revert to the State’s General Funds ; and WHEREA S , in Region J funds in the amount of 55,000 will be used to carry out the community and econom ic development plan approved by the COG Board of Delegates and especially to improve the economy of the counties and towns of the Region NOW THE REF ORE BE IT R ESO LVED , that JOHNSTON COU NTY requests the release of its 775276 share of these funds to the Triangle J Council of Governments at the earliest possible time in accordance with the prov isions of section 165 of Se nate Bill 35 2 , the 199 7 ratified bud get bill th Adopted this the 13 day of November , 2000 There being no further business , Commissioner Thomas M Moore moved the Board recess until 6 00 pm on Monday , November 20 , 2000 Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Page1374 _______________________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , ClerkPage