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Lincoln County approves special-use permit for vehicle sales lot with $100,000 settlement condition

Lincoln County Board of Commissioners · January 7, 2025
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Summary

The Board approved SUP 519 allowing expansion of a vehicle sales lot at 1269 NC 16 Business Highway with conditions including a $100,000 settlement of outstanding fines (initial $50,000 payable within 180 days; additional $50,000 stayed for three years unless violations occur).

The Lincoln County Board of Commissioners on a unanimous vote approved Special Use Permit SUP 519, allowing an expansion of an existing vehicle sales lot at 1269 N.C. 16 Business Highway in Catawba Springs Township, but attached a series of conditions meant to address longstanding zoning violations.

Jeremiah, a county planning staff member, told the board the application followed an earlier public hearing and staff review after county officials identified expansion activity that had not been permitted. The board reopened the continued public hearing to take final action.

Kenny Hendrick, who said he is the lessee of the property, acknowledged the site had outstanding violations that resulted in monetary citations “in excess of $150,000.” Hendrick told the board he had met with planning staff, hired survey and engineering consultants and was attempting to purchase the property; he asked that fines be waived or reduced because an immediate additional payment would jeopardize the pending purchase. “If we add another $50,000 in fines, it’s gonna break me,” Hendrick said.

Commissioner Cecena read required findings and the conditions the board adopted. Key conditions include a restriction that all vehicles must be parked only on paved and gravel areas; maintenance of signage in compliance with the Unified Development Ordinance; an amended driveway permit from the North Carolina Department of Transportation; consultation with county planning and inspections on any future site changes; and a settlement requirement for outstanding fines totaling $100,000. The initial payment of $50,000 must be made payable to Lincoln County within 180 days of the decision; an additional $50,000 is stayed for three years and will be waived if no warning citations are issued during that period, but becomes due immediately on a condition violation. The county reserved the right to refer the permit back to the board for possible revocation if future warning citations are issued.

The motion to approve SUP 519 with those conditions passed unanimously. The board did not adopt additional changes to the permit and no further immediate actions were recorded beyond the conditions and the timetable for payment.

The decision is final as read at the meeting and the county’s enforcement and inspections staff will monitor compliance; the board also made clear that failure to honor conditions could lead to fines becoming due or to revocation of the permit.