This chapter shall be known and may be cited as the "Zoning Ordinance of the Town of Erwin, North Carolina."

(Code 1977, § 9-4001)

The purpose of this chapter is to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, sewerage, schools, parks and other public requirements; to conserve the value of buildings; to protect the public water supply, and encourage the most appropriate use of land throughout the corporate area in accordance with the town's land use plan. There is hereby adopted and established an official zoning ordinance of the town.

(Code 1977, § 9-4002)

This zoning chapter is adopted pursuant to the authority vested in the town by G.S. 160D-01 to 160D-1405.

(Code 1977, § 9-4003; Res. No. 2021-2022-001 , 7-1-2021)

The provisions of this chapter shall apply within the corporate limits and the extraterritorial jurisdiction of the town as shown on the official zoning map and extraterritorial jurisdiction map on file in the town hall.

(Code 1977, § 9-4004)

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, prosperity and general welfare. It is not intended by this chapter to interfere with, abrogate, or annul easements, covenants, or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, or by easements, covenants, or agreements, the provisions of this chapter shall govern.

(Code 1977, § 9-4005)

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid by the courts, such decision shall not affect the validity of the remaining portions of this chapter. The board of commissioners hereby declares that it has passed this chapter and each section, subsection, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.

(Code 1977, § 9-4006)

(a)

A vested right shall be deemed established with respect to any property upon the valid approval, or conditional approval, of a site-specific development plan or a phased development plan, following notice and public hearing by the board of commissioners. Such vested right shall confer upon the landowner the right to undertake and complete the development and use of said property under the terms and conditions of the site-specific development plan or the phased development plan including any amendments thereto. The board may approve a site-specific development plan or a phased development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare. Such conditional approval shall result in a vested right, although failure to abide by such terms and conditions will result in a forfeiture of vested rights. The board of commissioners shall not require a landowner to waive their vested rights as a condition of developmental approval. A site-specific development plan or a phased development plan shall be deemed approved upon the effective date of the board's action. A right, which has been vested, shall remain vested for a period of two years.

(b)

A vested right, once established, precludes any zoning action which would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property as set forth in an approved site-specific development plan or an approved phased development plan except:

(1)

With written consent of the affected landowner.

(2)

Upon findings that natural or manmade hazards on or in the immediate vicinity of the property, if not corrected, would pose a serious threat to the public health, safety and welfare if the project were to proceed as contemplated in the site specific development plan or the phased development plan.

(3)

To the extent that the affected landowner receives compensation for all costs, expenses and losses incurred.

(4)

Upon findings that the landowner or the landowner's representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the town of the site-specific development plan or the phased development plan.

(5)

Upon the enactment of a state or federal law or regulation which precludes development as contemplated in the site-specific development plan or the phased development plan.

(c)

Process to claim vested rights. A person claiming a statutory or common law vested right may submit information to substantiate that claim to the zoning administrator. The zoning administrator shall make an initial determination as to the existence of the vested rights. The decision of the zoning administrator can be appealed under G.S. 160D-405. On appeal, the existence of a vested right shall be reviewed de novo. In lieu of seeking such a determination, a person claiming a vested right may bring an original civil action as provided by G.S. 160D-405(c).

(d)

Miscellaneous provisions. A vested right obtained under this section is not a personal right but shall attach to and run with the applicable property. After approval of a vested right under this section, all successors to the original landowner shall be entitled to exercise such rights. Nothing in this section shall preclude judicial determination, based on common law principles or other provisions, that a vested right exists in a particular case or that a compensable taking has occurred. Except as expressly provided in this section, nothing in this section shall be construed to alter the existing common law.

(Code 1977, § 9-4007; Res. No. 2021-2022-001 , 7-1-2021)

If a member of the governing board, an appointed board, or on town staff has a conflict of interest they must recuse themselves from a decision. Guidelines for identifying a conflict are outlined in G.S. 160D 1-9 below:

(a)

Governing board. A governing board member shall not vote on any legislative decision regarding a development regulation adopted pursuant to this chapter where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A governing board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the application for a text amendment is a person with whom the member has a close familial, business or other associated relationship.

(b)

Appointed boards. Members of appointed boards shall not vote on any advisory or legislative decision regarding a development regulation adopted pursuant to this chapter where the outcome of the matter being considered is reasonably likely to have a direct, substantial and readily identifiable financial impact on the member. An appointed board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.

(c)

Administrative staff. No staff member shall make a final decision on an administrative decision required by this chapter if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business or other associational relationship. If a staff member has a conflict of interest under this section, the decision shall be assigned to the supervisor of the staff person or such other staff person as may be designated by the development regulation or other ordinance. No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under this chapter unless the staff member is the owner of the land or building involved. No staff member or other individual or an employee of a company contracting with the town to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of the town, as determined by the town.

(d)

Quasi-judicial decisions. A member of any board exercising quasi-judicial functions pursuant to this chapter shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business or other associational relationship with an affected person, or a financial interest in the outcome of the matter.

(e)

Resolution of objection. If an objection is raised to a board member's participation at or prior to the hearing or vote on a particular matter and that member does not recuse himself or herself the remaining members of the board shall by majority vote rule on the objection.

(f)

Familial relationship. For purposes of this section, a "close familial relationship" means a spouse, parent, child, brother, sister, grandparent or grandchild. The term includes the step, half, and in-law relationships.

( Res. No. 2021-2022-001 , 7-1-2021)