Updates to the land development code relating to personal storage structures and temporary portable storage containers were approved Wednesday by the Henderson County Board of Commissioners, with several changes made to the original proposal from the county’s planning board.  

The commissioners first held a public hearing on the land development code updates on June 6. Commissioner David Hill requested several changes to the proposal, expressing his desire for the code to be much less restrictive. He further emphasized his position Wednesday.  

“We don’t need to be micromanaging people’s properties,” he said.  

The planning board met on June 16, and made changes to the draft amendment. Planning Board Chair Steve Dozier told commissioners that the amendments were unanimously approved by the planning board, and also kept in mind the rights of adjacent property owners.  

The final list the planning board submitted included:  

1. Any lot may have a personal storage structure. If a lot is two or more acres in size, there can be one such structure per acre.

2. A personal storage structure may include one bathroom facility and a kitchen facility, but shall not be used as a residence or for the purpose of operating a business without the corresponding approvals, permits and inspections.  

3. Personal storage structures footprint may not exceed 24% total parcel size.  

4. Personal storage structures shall only be for the use by the property owner. 

5. Personal storage structures less than or equal to 750 square feet in size shall meet the setback requirements for accessory structures. Personal storage structures greater than 750 square feet in size shall meet the setbacks of the applicable zoning district 

The commissioners made changes to items 1, 2, 4 and 5, while completing striking 3. Chairman Bill Lapsley and Vice Chair Rebecca McCall voted not to strike down No. 3, with Commissioners Daniel Andreotta, David Hill, and Mike Edney voting to remove it.  

McCall explained that the planning board spent hours carefully outlining changes to the new code, and voiced her support for their recommendations.  

The commissioners’ amended line items include less restrictions, and read:  

1. Any lot may have personal storage structures (approved 4-1, with McCall voting no). 

2. A personal storage structure may include bathroom and kitchen facilities, but shall not be used as a residence or for the purpose of operating a business without the corresponding approvals, permits and inspections (approved 4-1, with McCall voting no).  

3. Completely removed from list (approved 3-2, with Lapsley and McCall voting no). 

4. Personal storage structures shall only be for personal, noncommercial use (approved 5-0). 

5. The use may be setback a minimum of five feet from the side and rear property lines and ten feet from the front or right of way (approved 4-1, with McCall voting no).

The commissioners also voted that “portable storage containers shall be placed on residential zoning district property for no more than 90 days, no more than three times in a 12-month period." The planning board originally suggested two times in a 12-month period. The amendment was approved 4-1, with McCall voting against it.  

Planning Director Autumn Radcliff explained that the changes and code do not include farmland, as farmers are allowed to do what is needed for their land.  

The final version of the land development code will be on the consent agenda at the commissioners’ next meeting, according to Henderson County Attorney Russ Burrell.