Planning Board
Agenda
Thursday, July 9, 2015, 5:00 p.m.
Bryant Womack Justice & Administration Center
40 Courthouse Street
Columbus, North Carolina 28722
I.
Call to order
II.
Approval of Agenda
III.
Approval of May 14, 2015 meeting minutes.
IV.
Proposed Zoning Ordinance Changes: Recreational Vehicle and Bonafide farms.
V.
Other Business
VI.
Public Comments
VII.
Adjournment
Planning Board Minutes
Thursday, May 14, 2015, 5:00 p.m.
Bryant Womack Justice & Administration Center
40 Courthouse Street Columbus, North Carolina 28722
Members Present: Bill Ennis, Lisa Krolak, Wally Pace, Myron Yoder and Christel Walter
Member(s) Absent: Buffy Blackwell and Lee Bradley
Staff Present: Cathy Ruth and Mara Short
I.
Call to order
Bill Ennis called meeting to order.
II.
Approval of Agenda
Wally Pace made a motion to approve agenda, Christel Walter seconded. Motion approved
unanimously.
III.
Approval of Minutes
Myron Yoder made a motion to approve the minutes, Wally Pace seconded. Motion approved
unanimously.
IV.
Group Development updated – Tryon International Equestrian –
Equestrian District – Equestrian Center and Facilities, Multi-Discipline; Events, Shows and
Festivals; and Spectator Sports Facilities, 500 or more spectators.
Cathy Ruth explained to the board that some new building have been added to the facility that
would be used year round which is why the Group Development update is requested to
include these additional building. David Odom was present to answer questions from the
board. Bill Ennis made a motion to approve the updates to the Group Development for Tryon
International Equestrian, Lisa Krolak seconded. Motion approved unanimously.
V.
Sign Text Amendment Request- Cathy Ruth presented the sign text amendment which was
requested by Jeni Evans on behalf of Mid Way Baptist Church. Cathy Ruth explained that the
sign ordinance was originally adopted in 1994, stating that in section 3.5.7 the maximum
height and size were sixteen (16) square feet and six (6) feet high. Ms. Evans would like for
the text amendment to allow them to have a maximum of sixty (60) square feet and six (6)
feet in height, similar to sections in 3.5.5 regulations which address identification signs for
commercial and industrial uses. The board voted to make section 3.5.7 read as follows:
3.5.7 Regulation of Institutional Signs - Signs erected by schools, churches, hospitals,
governmental entities, and other public institutions. All setbacks are to be ten (10) feet
measured from the property line, outside of the road right of way, and outside of all sight
visibility triangles. Such signs may contain two (2) faces, may be changeable copy, and may
be internally or externally illuminated.
Permitted Number: One (1) sign per entrance on the premises not to exceed two (2) signs.
Types: Pole, Monument, or Wall
May 14, 2015 Planning Board Meeting Page | 1
Bonafidefarm.rv to pb 7.9.15
AN ORDINANCE CONCERNING BONA FIDE FARMS AND RECREATIONAL VEHICLES;
PROVIDING DEFINITIONS; AMENDING THE POLK COUNTY ZONING ORDINANCE TO
AUTHORIZE RECREATIONAL VEHICLE IN THE EQUESTRIAN (E), AGRICULTURAL
RESIDENTIAL (AR), HIGHWAY COMMERCIAL (HC), MULTIPLE USE (MU) AND FAMILY
FARM (FF) ZONING DISTRICTS
WHEREAS, the Polk County 20/20 Vision Plan (“the Plan”) states, “Polk County considers the
preservation of farmland essential to maintaining a strong local economy.;
WHEREAS, the Polk County Board of Commissioners finds that this Ordinance is consistent with the
Plan, in particular the portion cited above, and declares that, for the foregoing reasons, this Ordinance
promotes the public interest; and
WHEREAS, the Polk County Board of Commissioners, after due notice, conducted a public hearing on
the __ day of ______________, 2015, upon the question of enacting this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF POLK
COUNTY, NORTH CAROLINA, MEETING IN REGULAR SESSION AND WITH A
MAJORITY OF THE MEMBERS VOTING IN THE AFFIRMATIVE:
SECTION ONE. This Ordinance shall be known as the Bona Fide Farm and Recreational Vehicle
Zoning Amendment Ordinance.
SECTION TWO. Article VI of the Zoning Ordinance of Polk County, entitled “Permitted Use Table”, is
hereby amended to add or change the following use classifications:
Recreational Vehicle which shall be a permitted use in the E, HC, FF, AR and MU zoning
districts.
SECTION THREE. Article XII of the Zoning Ordinance of Polk County, entitled “Definitions”, is
hereby amended to add the following new definition or change:
Bona fide farm. The production and activities relating or incidental to the production of
crops, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other
forms of agricultural products having a domestic or foreign market.
Bona fide farm. This Ordinance does not impose nor exercise any controls over any tract of land
where the land is used for the production of and activities relating to, or incidental to, the production of
crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, forestry, and
all other forms of agriculture, to include a farm that, as a primary activity, conducts business by engaging
in any one or more of the activities of breeding, training, buying, selling, showing, racing, and boarding
of horses, including associated accessory activities. Nor does it exercise control over any grain
warehouses and warehouse operations that receive, load, weigh, dry, and store grain, farmhouse, barn,
poultry house, or other farm buildings, including tenant or other houses for persons working on said
farms, as long as such houses shall be in the same ownership as the farm and located on the farm and
meets all North Carolina Building Codes required for the structure. Residences for non-farm use or
occupancy and other non-farm uses shall be subject to the provisions of this Ordinance. (NCGS 153A-
340b) For purposes of determining if a property is being used for bona fide farm purposes, any of the
following shall constitute sufficient evidence for classification of a bona fide farm:
• A farm sales tax exemption certificate issued by the Department of Revenue; or
• A copy of the property tax listing showing that the property is eligible for participation in
the present use value program pursuant to NCGS 105-277.3; or
• A copy of the farm owner’s or operator’s Schedule F from the owner’s or operator’s most
recent federal income tax return; or 1.4.404 A forest management plan; or
• A Farm Identification Number issued by the United States Department of Agriculture
Farm Service Agency.
Park Model Home. A recreational vehicle which is: (1) built on a single chassis; (2) 400
square feet or less when measured at the largest horizontal projection; (3) self-propelled or
permanently towable by a light duty truck; and (4) designed for temporary living quarters for
recreation, camping, travel and seasonal use (but in no case for use as a permanent dwelling).
Recreational Vehicle/Travel Trailer. A vehicular-type unit primarily designed as a
temporary and mobile living quarters for recreational, camping or travel use, which either has its
own mode of power or is mounted on and drawn by another vehicle. Such units do not satisfy the
dimensional requirements of a manufactured home. Also included in this definition are park model
home.
Recreational Vehicle (RV) shall be allowed subject to the following in designated districts:
(1) One per parcel for a period of time.
a. the recreational vehicle has a valid operational permit from the Health
Department for water and a wastewater disposal system, and connected to the
wastewater disposal system.
b. Is ready for highway use (defined as: fully licensed, own wheels or jacking
system, attached to the site only by quick disconnect utilities, with no
permanently attached additions);
(2) One per parcel during the construction of personal residence provided:
a. the recreational vehicle is ready for highway use as defined above and connected
to the wastewater disposal system.
b. the owner has a valid residential building permit for the parcel upon which the
recreational vehicle is located;
(3) One per parcel while stored upon the owner’s property in which there is a residence
built upon and is utilized for the owner’s personal use; and
(4) In recreational vehicle and travel trailer park or service and camp area.
Recreational Vehicle (RV) Park and/or Camp Areas. An establishment primarily engaged in
operating sites to accommodate camping (tent and/or cabin), park model homes and/or recreational
vehicles. These establishments may provide access to facilities, such as laundry rooms, recreational
Bonafidefarm.rv to pb 7.9.15
halls, playgrounds, stores and snack bars. An RV park will generally contain two (2) or more park
model homes or recreational vehicles.
RECREATIONAL VEHICLES:
A vehicular-type unit primarily designed as temporary living quarters for recreational, camping,
or travel use, which either has its own motive power or is mounted on or drawn by another
vehicle. The basic entities are travel trailer, camping trailer, truck camper, and motor home.
RECREATIONAL PARK TRAILER –
A trailer type unit that is primarily designed to provide temporary living quarters for
recreational, camping, or seasonal use that meets the following criteria:
(a) Built on a single chassis mounted on wheels
(b) Having a gross trailer area not exceeding 400 square feet in the setup mode, and if
less than 320 square feet in the setup mode would require a special movement permit for
highway transit.
(c) Certified by the manufacturer as complying with ANSI A119.5
PARK TRAILER (Park Model) –
A unit that is built on a single chassis mounted on wheels and has a gross trailer area not
exceeding 400 sq. ft. in the set-up mode. A park trailer is intended for seasonal use. It is not
intended as a permanent dwelling unit or for commercial uses such as banks, clinics, offices, or
similar.
Recreational Park Trailers – Permanent Installation
Recreational Park Trailers cannot be accepted as a permanent dwelling structure in North Carolina.
Recreational Vehicle & Travel Trailer Parks, Service, & Camp Areas: A parcel of land and
facilities designed and equipped to accommodate travel trailers and/or to serve as a campground, designed
as a temporary dwelling for travel, recreation or vacation uses.
SECTION FOUR. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of the conflict.
SECTION FIVE. If any section, subsection, paragraph, sentence, clause, phrase or portion of this
ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that
portion shall be deemed severable and that holding shall not affect the validity of the remaining portions
hereof.
SECTION SIX. This ordinance shall be in full force and effect from and after the date of its adoption.
Adopted this ____ day of _____________, 2015.
______________________________
Tom Pack
Commissioner Chair
ATTEST:
_____________________________
Beth Fehrmann
Clerk to the Board of Commissioners
Approved as to content & form:
______________________________
County Attorney
MEMORANDUM
DATE:
September 3, 2014 (replaces October 2, 2012 Park Model Vehicle memo)
TO:
Building Inspectors / Third Party Inspection Agencies / other Interested Parties
FROM:
C. Patrick Walker, P.E.
Technical Services Manager
Manufactured Building Division
RE:
Recreational Park Trailers (Park Models)/ Permanent Dwellings
The purpose of this memorandum is to clarify the position of the NC Department of Insurance on the requirements for the labeling and
setting up of “Recreational Park Trailers” (formerly “Park Model” recreational vehicles) as permanent dwelling units. All references herein
to the North Carolina Electrical Code are to the 2011 Edition (National Electrical Code (NEC) w/NC Revisions).
RECREATIONAL VEHICLES: (as defined in Article 551, NEC and ANSI 119.5)
A vehicular-type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which
either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are travel trailer,
camping trailer, truck camper, and motor home.
RECREATIONAL PARK TRAILER – (as defined in ANSI A119.5, 2009 Edition)
A trailer type unit that is primarily designed to provide temporary living quarters for recreational, camping, or seasonal use that
meets the following criteria:
(a) Built on a single chassis mounted on wheels
(b) Having a gross trailer area not exceeding 400 square feet in the setup mode, and if less that 320 square feet in the setup
mode would require a special movement permit for highway transit.
(c) Certified by the manufacturer as complying with ANSI A119.5
PARK TRAILER (Park Model) - (as defined by Article 552.2, NEC)
A unit that is built on a single chassis mounted on wheels and has a gross trailer area not exceeding 400 sq. ft. in
the set-up mode.
PARK TRAILER (Park Model) GENERAL REQUIREMENTS - (Article 552.4, NEC)
A park trailer as specified in 552.2 is intended for seasonal use. It is not intended as a permanent dwelling unit or
for commercial uses such as banks, clinics, offices, or similar.
GROSS TRAILER AREA – (as defined in ANSI A119.5, 2009 Edition)
The total plan area measured to the maximum horizontal projections of exterior walls in the setup mode.
(NCDOI Note: Current interpretation by HUD is that Gross Trailer Area does not include roof overhangs or
unenclosed porches.)
NORTH CAROLINA CODE REQUIREMENTS:
Recreational Park Trailer - Electrical Supply System
The electrical supply system to Recreational Park Trailers is required to be installed and inspected in accordance with Article
552 of the North Carolina Electrical Code (NEC). The power supply is installed in accordance with Section 552-43 of the
2011 NEC. Section 552-43(A) is given below:
(A) Feeder. The power supply to the park trailer shall be a feeder assembly consisting of not more than one listed 30-ampere or
50-ampere park trailer power-supply cord with an integrally molded or securely attached cap, or a permanently installed
feeder.
All permanently installed feeders must be permitted and inspected by the local building official having jurisdiction.
Recreational Park Trailer Memo
September 3, 2014
Page 2 of 2
Recreational Park Trailer - Temporary Installation
Since these units are defined to be temporary structures, it is not permissible to set them up as permanent dwelling units.
Therefore it is our interpretation that they cannot have any permanent plumbing or mechanical connections. However, for safety
reasons we will allow these units to be temporarily blocked up and anchored against overturning forces, but to remain classified as
a temporary structure, the wheels and axles must remain on the unit at all times. We recommend that all recreational vehicles
used for temporary recreational dwellings be set-up in accordance with the manufacturer's recommendations. Accessory structures
may not be supported by these units.
Recreational Park Trailers – Permanent Installation
Recreational Park Trailers cannot be accepted as a permanent dwelling structure in North Carolina. However, sometimes the
manufacturer will construct the Recreational Park Trailers through one or two different construction programs and label the unit
for each respective program resulting in a duel labeled unit. In addition to the Recreational Park Trailers being constructed and
labeled under the Recreational Park Trailer construction program, the unit may also constructed and labeled under either the NC
Modular Construction Program as a single family modular dwelling or under the Federal Manufactured Housing
Construction and Safety Standards as a single family (HUD) manufactured home. Units which have been duel labeled with a
North Carolina Modular Construction Validating Stamp under the NC Modular Construction Program may be permanently
installed as a single family dwelling in accordance with the NC Residential Code provided the installation meets the current NC
Code’s foundation/anchoring requirements and meets the local zoning ordinances. Units which have been dual labeled with a
HUD Manufactured Housing Label under the Federal Manufactured Housing Construction and Safety Standards may be
permanently installed as a single family dwelling in accordance with the State of North Carolina Regulations for Manufactured
Homes provided the installation meets the foundation/anchoring requirements of these regulations and the local zoning
ordinances.
Recreational Park Trailers - Unlabeled/Site Constructed
Unlabeled and/or site-constructed Recreational Park Trailers must meet the electrical construction and inspection requirements as
indicated above and must be no larger than 400 sq.ft. gross trailer area as defined in ANSI A119.5, Recreational Park Trailer
Standard – 2009 Edition. All unlabeled and/or Site Constructed Recreational Park Trailers greater than 400 sq.ft. gross trailer area
will be considered to be non-complying single family dwellings in violation of the NC Residential Code.
LABELS
Labels – Acceptable Examples of Recreational Park Trailer (Park Model) Labels for Temporary Use.
RVIA Park Model Label (oldest units)
RPTIA Park Model Label (older units)
RVIA Recreational Park Trailer Label (new units)
Labels – Required for Permanent Installations.
NC Modular Construction Validating Stamp
HUD Manufactured Housing Label