THE ERWIN BOARD OF COMMISSIONERS MAY: 2024 REGULAR MEETING THURSDAY, MAY2, 2024 @ 7:00 P.M. ERWIN MUNICIPAL BUILDING BOARDROOM  AGENDA  1.  MEETING CALLED TO ORDER A. Invocation B. Pledge ofAllegiance  2. 3.  AGENDAADJUSTMENTS/APPROVAL OFAGENDA  CONSENT  All items on Consent. Agendas are considered: routine, to be enacted on one motion without discussion. Ifa Board member or citizen requests discussion of an item, the item will be removedj from the Consent. Agenda and considered under New Business. A. Minutes Budget Workshop on March 21, 2024 (Page 2) B. Minutes Regular Workshop on March 25, 2024 (Page 10) C. Minutes Regular Meeting on April 4, 2024 (Page 19) D. Minutes Special Called Meeting on April 8, 2024 (Page 25) E.A Al Woodall Municipal Park- - Parking Lot Addition (Page: 30)  F.B BOA-2024-06 (Page 31) PUBLIC. HEARING  4.  A. Penalty Text Amendment (Page 32)  5. OLD BUSINESS  A. Accessory Dwelling Unit' Text Amendment (Page 39)  6.  PUBLIC COMMENT  Each speaker is asked to limit comments to 3 minutes, and the requested total comment period will be 15 minutes or less. Citizens should. sign up prior to the start ofthe meeting. Please provide the clerk with copies of any handouts you have for the Board. Although the Board is interested in hearing. your concerns, speakers should not expect Board action or deliberation on the subject matter brought up during the Public Comment segment. Thank youfor) your consideration of the Town. Board, staff and other speakers. $160A-81.1  7. 8. 9.  MANAGER'S REPORT ATTORNEY'S REPORT ADJOURNMENT  NACCORDANCE WITHADA. REGULATIONS, PLEASEI NOTE THATANYONE WHOI NEEDS. ANACCOMMODATIONTO PARTICIPATE INTHEI MEETINGS SIOULDNOTIFFTHE TOWN CLERKAT/910): S91-42024TLEAST4 481 HOURSI PRIORTO,  THE MEETING.**    8971  ERWIN BOARD OF COMMISSIONERS  REGULAR MINUTES MAY2, 2024  ERWIN, NORTH CAROLINA  The Board of Commissioners for the Town of Erwin with Mayor Baker presiding held its Regular Meeting in thel Erwin Municipal Building Board Room on Thursday, May 2, 2024, at 7:00 P.M. in] Erwin, North Carolina. Board Members present were. Mayor Randy Baker, Mayor Pro Tem Ricky Blackmon, and Commissioners  Timothy Marbell, Charles Byrd, David Nelson, and Alvester McKoy.  Board Member Billy Turnage was absent.  Town Manager Snow Bowden, Town Clerk Lauren Evans, Town Attorney Tim Morris, Deputy Clerk Katelan Blount, Town Planner Dylan Eure, Code Enforcement Officer Chris. Jones, and Police Chief. Jonathan Johnson  were present.  Mayor Baker called the meeting to order at 7:00) PM. line of duty, then gave the invocation.  Commissioner McKoy had a moment of silence for the Mecklenburg County Officers who had fallen in the  Commissioner Blackmon led thel Pledge of Allegiance. AGENDA ADJUSTMENTAPPROVALOF AGENDA Nelson. Thel Board voted unanimously.  Commissioner Blackmon made ai motion to approve the as presented and was seconded by Commissioner  CONSENT  Commissioner Blackmon made ai motion to approve (ITEM. A) Minutes of Budget Workshop on March 21, 2024 (ITEM B) Minutes of Regular Workshop on March 25, 2024 (ITEM C) Minutes of Regular Meeting on April 4, 2024 (ITEM: D) Minutes of Special Called Meeting on. April 8, 2024 (ITEM E) Al Woodall Municipal Park- Parking Lot Addition (ITEM F) BOA-2024-06. The motion was seconded by Commissioner  Byrd. The Board voted unanimously. PUBLIC HEARING  Penalty Text Amendment  Commissioner Blackmon made ai motion to open thel Public Hearing and was seconded by Commissioner Town Planner Dylan Eure came forward and informed the Board that the Town Staff has been working on an Amendment to Town Ordinances for Penalty Text, including compliance schedules and varying penalty fees.  McKoy. The Board voted unanimously.  Mayor Baker asked thel Board if there were any questions.  Thel Board had none.  Mayor Baker asked ifa anyone was present to speak in favor of or in opposition of the request.    OFE A  TOWN OF ERWIN Post Office Box 459 Erwin, NC 28339 (910)897-5140 ME-MO-R-A-N-D-L-M  DATE: TO: FROM: RE: Mr. Bowden,  April 12, 2024 Snow Bowden, Town Manager Billl Dreitzler, P.E., Town Engineer Al Woodall Municipal Park- - Parking Lot Addition  On March 29, 2024 at 1:001 PMI bids were received for the additional parking at Al Woodall  Municipal Park. The following bids were: received:  Highland Paving Company, LLC: $107,026.26 Stewart Group Enterprises, LLC: $129,182.16 Barnhill Contracting Company: $1 195,491.00  Ihave completed my evaluation of the bids and recommend award to. Highland Paving Company, LLC in the amount of $107,026.26. Ia am including the following with this recommendation of  award:  1. Request for Bids 2. Engineering Plan Set 3. Highland Paving Bid Sheet 4. Stewart Group Bid Sheet 5. Barnhill Contracting Bid Sheet  Sincerely,  William W. Dreitzler, P.E. Town Engineer    BUDGET ORDINANCE AMENDMENT  BOA2024 - 06 FISCAL YEAR 2023-2024  BE IT ORDAINED by the Governing Board of the Town of Erwin, North Carolina that the following amendments are made to the annual budget ordinance for the fiscal year ending. June Section 1. This Budget Ordinance Amendment seeks to Increase Revenues and Increase Expenditures by $10,000. This amendment is to account for al Transfer from the Capital Reserve/Community Enhancement Fund for Depot Revitalization Expenditures. Section 2. To amend the General Fund: The revenues are to be changed as follows:  30, 2024.  Account  Description  Currrent Approp. -0-  Increase/Decrease (+)$10,000  Amended. Appropriation $10,000.00  10-3950-470 Trans From Capital  Reserve: Depot Revitalization  Section 3. To amend the General Fund: The Expenditures are to be changed as follows:  Account  Description  Current Approp. Increase/Decrease Amended Appropriation  10-4201-360 Depot Revitalization  -0-  (+)$10,000  $10,000.00  Section 4. Copies of this budget amendment shall be furnished to the Clerk, the Governing  Board, the Budget Officer and the Finance Director for their direction.  Adopted this 2nd day of May 2024.  SS RandyL.Baker, Mayor  ATTEST:  Chn Euan  Lauren Evans, Town Clerk  31    8972  MINUTES CONTINUED FROM MAY2,2024  No one came forward.  Commissioner Blackmon made ai motion to closet the Public Hearing and was seconded by Commissioner Commissioner Blackmon made ar motion to approve thel Penalty Text Amendment, ORD 2023-2024:008 which  Nelson. The Board voted unanimously.  was seconded by Commissioner Byrd. The Board voted unanimously.  OLD BUSINESS  Accessory Dwelling Unit' Text Amendment  Mayor Baker stated that the Board had already held al Public Hearing regarding this text amendment. Town Planner Dylan Eure was present to answer any questions the Board may have. There were none. Commissioner Blackmon made a motion to deny the Accessory Dwelling Unit Text Amendment, which was  seconded by Commissioner Byrd. Thel Board voted unanimously.  PUBLIC COMMENT  Mr. Pat Marshall of 164 Don Ron Road, Erwin, spoke to the Board regarding his neighbor. Hes stated that in the last 6-8 months, thei neighbors have had three drug raids, and multiple arrests. He stated that there was another raid that same day, May 2nd. He was concerned about the safety oft the situation, and is concerned that continued issues may lead to possible escalation, up to shooting, in the future. He stated that he would like  assistance to ensure that his neighborhood stays a safe environment. Commissioner Byrd asked what Mr. Marshall would like the' Town to do. Officer has been reviewing minimum housing for thej property.  Town Manager Snow Bowden stated that in addition to the Police Department activity, our Code Enforcement Mr. Dwight Sheppard of 6061 McKay Street, Erwin, spoke to the Board. He stated that he would like to compliment Mayor Baker and the Board on how well run the Town. Meetings are. He stated thati itisa compliment to the Town ofErwin, and residents should be proud of the Board and the work they do.  The Board thanked Mr. Sheppard. MANAGER'S REPORT  Town Manager Snow Bowden informed thel Board:  The work on the Community Building has been going on: for about 2 weeks. Plumbing inspections are He had received a written report from the: structural engineer regarding the Depot. There were some questions that he was waiting for via email. He is also awaiting cost estimates. Once that is received, he hopes to schedule a workshop and invite thel Board and Erwin Historical Society. He noted that the Town will follow alll NCGS regarding special called meeting notices. Hei is still working on the proposed FY2-25 Budget. He stated he would like to have another Budget Workshop prior to the presentation oft thel Budget at the Public Meeting on June 6th. He stated that he was still waiting on the Letter of Intent tol Fund from the State for the Storm water  scheduled, andi thei flooring should be going in soon.  Grant.    Erwin Planning Board  REQUEST FOR CONSIDERATION  To: Erwin's] Planning Board Members From: Dylan Eure, Town Planner Date: April 15,2024 Subject: Penalty Amendment  The Town of Erwin Staff wishes to amend Chapter 36 of the Erwin Code of Ordnances within Article XX (10) Administration and Enforcement, Section 36-584 Penalty. Said amendment would allow staff to enforce code and zoning regulations throughout the Town of Erwin. The way the current penalties are written limits the' Town from issuing higher fines which will result ini faster compliance with our ordinances. This effort is to begin the process ofo cleaning areas of  towns and ensuring zoning regulations are being properly followed.  Legality  NC General Statues 14-4 (Violation of local ordinances misdemeanor) states that (a) Except as provided ins subsection (b) or(c)ofthis section, ifany person shall violate an ordinance ofacounty, city, town, or metropolitan sewerage district created under Article 5 of Chapter 162A, he shall be guilty ofa Class 3 misdemeanor and shall be fined not more than five hundred dollars ($500.00). No fine shall exceed fifty dollars ($50.00) unless the ordinance expressly states that the maximum fine is greater than fifty dollars ($50.00).(b) If any person shall violate an ordinance ofa county, city, or town regulating the operation or parking of vehicles, he shall be responsible for an infraction and shall be required to pay aj penalty ofr not more than fifty dollars ($50.00). (C)A person may not be found responsible or guilty of a local ordinance violation punishable pursuant to: subsection (a) ofthis section if, when tried for that violation, the person produces proof (1) No new alleged violations of the local ordinance within 30 days from the date of the initial alleged violation.(2) The person provides proofofag good-faith effort to: seek assistance to address any underlying factors related to unemployment, homelessness, mental health, or substance abuse that might relate to the person's ability to comply with the local ordinance. (1871-2, C. 195,s. 2; Code, S. 3820; Rev., S. 3702; C.S., S. 4174; 1969, C. 36, S. 2; 1985, c. 764, s. 2; 1985 (Reg. Sess., 1986), c. 852, S. 17; 1991, C. 415, S. 1; C. 446, S. 1; 1993, c. 538, S. 8; C. 539, s. 9; 1994, Ex. Sess.,  ofcompliance with the local ordinance through any oft the following:  c.24, SS. 14(b), 14(c); 1995, c. 509, S. 133.1;2 2021-138, s. 13(c).)  Un-amended Diction  The administrator shall be authorized to use any one or more of the methods described in this section, or action authorized by law, to ensure compliance with or to prevent a violation of the  provisions oft this article.    (1)Civil penalties. Any person, corporation, LLC or other entities, who violate any provision of this article may be subject to assessment oft the maximum civil penalty of up to $500.00 per Civil citations. A civil citation shall be issued by the administrator of the town planning department to any person, corporation, LLC, or other entity, failing to take corrective action according to and within the specific compliance period ordered by the administrator. Each day such violation exists after the expiration ofthe compliance period shall constitute a separate offense and be charged as a separate violation. Each said violation shall be subject to a civil penalty in the amount of$100.00 per day until such violation has reached compliance. Failure to pay the penalty within 15 days from the receipt of the notice of civil penalty shall subject said person, corporation, LLC, or other entity to a civil action in the nature of debt for the stated penalty plus any additional penalties, together with the cost oft the action to be taxed by  violation.  the court. Amended Diction  The administrator shall be authorized to use any one or more oft the methods described in this section, or action authorized by law, to ensure compliance with or to prevent a violation ofthe (1)Civil penalties. Any person, corporation, LLC or other entities, who violate any provision of this article may be subject to assessment of the maximum civil penalty of up to $500.00 per Civil citations. A civil citation shall be issued by the administrator of the town planning department to any person, corporation, LLC, or other entity, failing to take corrective action according to and within the specific compliance period ordered by the administrator. Each day such violation exists after the expiration oft the compliance period shall constitute a separate offense and be charged as a separate violation. Each said violation shall be subject to a civil penalty ranging in the amount of $50.00 - $500.00 per violation until such violation has reached compliance or the sum of penalties has reached the amount that it requires to fix said violations. Failure to pay the penalty within 15 days from the receipt oft the notice of civil penalty shall subject said person, corporation, LLC, or other entity to a civil action in the nature of debt for the stated penalty plus any additional penalties, together with the cost oft the  provisions oft this article.  violation.  action to be taxed by the court. Penalty Schedule:  Citation Warning Citation Official Citation Second Citation Third Citation Fourth & Subsequent Citations  Penalty N/A $50 $100 $250 $500    (A) A specified time frame shall be given to render compliance to a violation as noted in the notice of violation. A mandatory re-inspection shall take place to evaluate the status oft the violation at the end of the compliance period. An extension may be requested by the property owner in writing to the Administrator providing valid evidence as to the reason for failure to comply within the specified time. (B) The Administrator shall have the ability to amend the specific time period for compliance due to the nature ofthe violation if considerable work has been done in an attempt to remedy the violation or ifsuch violation is determined to be aj potential  risk to the public health, safety, and general welfare.  Compliance Schedule: Nature of Violation Dilapidated structures Illegal signs Junk /abandoned cars Zoning and subdivision regulations Tall Grass / Vegetation Any other violation  Specified Compliance Period 120-365 calendar days 10 calendar days 15 calendar days 30 calendar days 10 calendar days 30 calendar days  Failure to adhere to permit or special use permit 30 calendar days        TOWN OF ERWIN P.O. Box 459- Erwin, NC28339 Ph: :910-897-5140 Fax: 910-897-5543 www.erwin-nc.org  Mayor Randy L. Baker Mayor] Pro Tem Ricky W. Blackmon Commissioners AlvesterL. McKoy Charles L. Byrd DavidI L. Nelson William R. Turnage  ORDINANCE OF THE TOWN OF ERWIN, NORTH CAROLINA Timothy D. Marbell  AMENDING SECTION 36-584- - PENALTY  ORD 2023-2024: 008  WHEREAS, the current language of Section 36-584. - Penalty reads:  Sec. 36-584.- Penalty.  The administrator shall be authorized to use any one or more ofthe methods described in this section, or action authorized by law, to ensure compliance with or toj prevent a (1) Civil penalties. Any person, corporation, LLC or other entities, who violate any provision oft this article may be subject to assessment oft the maximum civil penalty ofup a. Civil citations. A civil citation shall bei issued by the administrator oft the town planning department to any person, corporation, LLC, or other entity, failing to take corrective action according to and within the: specific compliance period ordered by the administrator. Each day such violation exists after the expiration of the compliance period shall constitute a separate offense and be charged asa separate violation. Each said violation shall be subject to a civil penalty in the amount of$100.00 per day until such violation has reached compliance. Failure to pay the penalty within 15 days from the receipt of the: notice of civil penalty shall subject said person, corporation, LLC, or other entity to a civil action int the nature ofdebt for the stated penalty plus any additional penalties, together with the cost WHEREAS, the Town of Erwin wishes to amend the current language oft the same in order to better reflect the desired development within the Town's Planning Jurisdiction; WHEREAS, the' Town ofE Erwin wishes to amend the current language oft the same to  violation oft the provisions oft this article.  to $500.00 per violation.  oft the action to be taxed by the court.  and read:  Sec. 36-584.-1 Penalty.  The administrator shall be authorized to use any one or more oft the methods described in this section, or action authorized by law, to ensure compliance with or to prevent a (1)Civil penalties. Any person, corporation, LLC or other entities, who violate any provision oft this article may be subject to assessment oft the maximum civil penalty of up  violation oft the provisions oft this article.  to $500.00 per violation.    a. Civil citations. A civil citation shall bei issued by the administrator oft thet town planning department to any person, corporation, LLC, or other entity, failing to take corrective action according to and within the specific compliance period ordered by the administrator. Each day such violation exists after the expiration of the compliance period shall constitute a separate offense and be charged asa separate violation. Each said violation shall be: subject to a civil penalty ranging in the amount of $100.00 $50.00 - $500.00 per violation until such violation has reached compliance or the sum of penalties has reached the amount thati it requires to fix said violations. Failure toj pay the penalty within 15 days from the receipt oft the notice ofcivil penalty shall subject said person, corporation, LLC, or other entity to a civil action in the nature of debt for the stated penalty plus any additional penalties, together with the cost oft the action to be taxed by the court.  Penalty Schedule: Citation Warning Citation Official Citation Second Citation Third Citation  Penalty N/A $50 $100 $250 $500  Fourth & Subsequent Citations  (A) A specified time frame shall be given to render compliance to a violation as noted in the notice of violation. A mandatory re-inspection shall take place to evaluate the status oft the violation at the end of the compliance period. An extension may be requested by the property owner in writing to the. Administrator providing valid evidence as to the reason for (B) The. Administrator shall have the ability to amend the specific time period for compliance due to the nature of the violation ifconsiderable work has been done in an attempt to remedy the violation or ifsuch violation is determined to be a potential risk to the public health, safety,  failure to comply within the specified time.  and general welfare. Compliance Schedule: Nature of Violation Dilapidated structures Illegal signs Junk/abandoned cars Zoning and subdivision regulations Tall Grass I Vegetation Failure to adhere to permit or special use permit Any other violation  Specified Compliance Period 120-365 calendar days 10 calendar days 15 calendar days 30 calendar days 10 calendar days 30 calendar days 30 calendar days    NOW, THEREFORE, BEI IT ORDAINED by thel Board of Commissioners oft the Town of Erwin, North Carolina that the current language as herein found with respect to Section 36-584. - Penalty oft the Town Codei is stricken where indicated by strikethrough lines and includes such language as herein indicated by red bold print.  Adopted this 2nd day ofMay 2024.  ATTEST: Lauren Evans cbur Town Clerk  R Randy Baker Mayor  Gea  38    Old Business  Item 6A  Erwin Planning Board  REQUEST FOR CONSIDERATION  To: The Honorable Mayor Baker the Board of Commissioners From: Dylan Eure, Town Planner Date: May 2, 2024 Subject: Accessory Dwelling Unit Amendment  The Town of Erwin Staff! has received a petition to amend its Code of Ordnances to allow: for accessory dwelling structures in all residential districts by a Mr. Rickey Davis of] BARZ Holdings of whom owns rental properties within the Town ofl Erwin. Said amendment would add the proposed definition of accessory dwelling units to Chapter 36 Article 2 entitled Definitions, along with the proposed regulations within the same chapter under. Article XV entitled General Provisions. The purpose of the said petitioned amendment is to increase the amount of affordable living options for those who may bej priced out by the marketplace. Said amendment was authored by the property owner (Rickey Davis) and was written by the Erwin (Dylan Eure) as per the petition to amend the Erwin Code ofOrdinances requirements. Per the 2023 Erwin Land Use Plan Goal 11 LUH 4.2 states that accessory dwellings are to be allowed and  Town Planner  are desirable to increase housing options.  Proposed Regulation: Accessory Dwellings:  I. Accessory dwelling units are permitted as an accessory use to a residential use in which 2. Accessory dwelling units must be able to conform to an additional fifty (50) feet of frontage in addition to the required frontage oft the principal structure. 3. Accessory dwelling units shall have double the required lot size that is permitted within 5. Thei maximum size oft the accessory dwelling unit is lesser than fifty (50) percent of the living area of the principal structure or one thousand (1,000) square feet, whicheveris 6. Accessory Dwelling must be a minimum of 10 feet from the side property and rear property lines or principal structure. Under no circumstance shall accessory dwellings be 7. Manufactured housing, campers, travel trailers, or any other recreational vehicles are not 8. Must contain complete kitchen facilities including a stove/cooktop and a full bath  is subordinate to the principal structure.  the designated zoning district.  4. Only one (1) accessory dwelling is permitted per residency.  lesser.  placed within the front setback. permitted for use as an accessory dwelling. containing a lavatory, and tub or shower.    9. One off-street parking place shall bej provided.  10.Accessory dwellings shall be built to North Carolina Building Standards. 11.Accessory dwellings must be on the separate water and utilities as the principal structure. 12.. Any accessory dwelling unit that is being built must be done by acertificated general  contractors as required per NC General Statute Chapter 87.  Proposed definition of an accessory dwelling unit:  A detached smaller, self-contained home that is subordinate to the principal structure and built to North Carolina Building Code for the purpose ofc occupying and or renting by the property  owner.    TOWN OF ERWIN Mayor  Randy! L. Baker Mayor Prol Tem Ricky' W. Blackmon Commissioners Alvester L. McKoy Timothy D. Marbell Charles L. Byrd David! L. Nelson William R. Turnage  P.O. Box 459. Erwin, NC28339 Ph:910-897-5140- Fax: 910-897-5543 www.erwin-nc.or 4/22/2024  Accessory Dwelling Unit Bench Marking Memorandum  ADU Bench Marking  Angier-  Section 4.2. - Residential uses.  4.2.1 Accessory dwelling. Accessory dwellings may be located in al building separate from the A. The accessory Dwelling shall not exceed one-halfofthe total area oft the principal dwelling. B. Accessory dwellings shall be built to North Carolina Building Standards. C.A Accessory dwellings shall be similar in appearance to and compatible with the primary  principal dwelling subject to the following requirements:  structure.  Requires special permit- approved by BOA  Accessory tol Primary Structure (No amendment to how many primary structures Considered as an Accessory (No amendment to special uses in each district)  are allowed)  Lillington-  3.03.5 ACCESSORY DWELLINGS  A. One (1) accessory dwelling unit is permitted as an accessory to a residential use. B. The dwelling unit may be attached or detached, located on the side or rear oft the property. C.The maximum size of Accessory Dwellings is the lesser off fifty (50) percent oft the living D. Accessory Dwellings must be a minimum of10 feet from the side or rear setback and shall E.I Ifthe Accessory Dwelling is attached to the primary residence, then access is limited to the  area ofthe Principal Structure or one thousand (1,000) square feet.  not be located within the front setback.  side or rear oft the Accessory Dwelling or to an existing door.    F.Attached or detached Accessory Dwellings must have the same architectural appearance oft the primary residence such as same type and color of siding, trim and roofing appearance. G. Manufactured housing, campers, travel trailers and recreational vehicles are: not permitted for H. Must contain complete kitchen facilities including a stove or cook top and a full bath I. One off-street parking space shall be provided in addition to those required fort the principal dwelling except int the NMX District where shared parking can be utilized with other land uses.  use as an accessory dwelling.  including lavatory, and tub or shower (or combination).  Permitted in all residential districts  Accessory to Primary Structure (No amendment to how many primary structures Considered as an. Accessory (Noamendment to permitted uses in each district)  are: allowed)  Coats-  10.1-3. Accessory Dwelling Units. (A.)Zoning Districts where the additional standards for this use below are applicable are identified in Article 8, Table 8.1 ofthis Ordinance.  (B.) Standards.  (1.)0 One (1)Accessory Dwelling Unit shall be permitted only on a lot containing a single dwelling unit (the principal dwelling) and conforming accessory structures in any single-family (2.)T The. Accessory Dwelling Unit shall not be considered a separate unit for the purpose of (3.)) Home occupations may be located within the Accessory Dwelling Unit.  zoning district.  determining minimum lot size or maximum density.  (4.)The maximum gross floor area for the Accessory Dwelling Unit shall be 900 SF or 40% of the gross floor area oft the principal structure, whichever is less. Variances shall not allow the gross floor area oft the Accessory Dwelling Unit to exceed 1200 SF nor shall the size oft the Accessory Dwelling Unit exceed 50 percent of the gross floor area oft the principal dwelling unit. (5.)The. Accessory Dwelling Unit may be located within same structure as the principal dwelling unit ori it may be a separate structure. Ifwithin the same structure as thej principal dwelling unit, the Accessory Dwelling Unit may have a separate entrance. Ifthe Accessory Dwelling Unit is located in a separate structure, the following standards shall apply: (a.) The accessory structure housing the Accessory Dwelling Unit must be located behind the principal dwelling. On corner lots, the accessory struçture housing the. Accessory Dwelling Unit may be located on the corner street side of and behind the principal dwelling but must be oriented to the front street (same Coats Development Ordinance Article 10 - Page 2 orientation as principal dwelling). (b.) Vehicular access to the Accessory Dwelling Unit shall be via the same drive that provides access to the principal structure unless the Accessory Dwelling Unit is located on a corner ort through    lot. Iflocated on a corner or through lot, a secondary drive may provide access to the Accessory Dwelling Unit, but the secondary drive shall not be on the same street as the drive providing (6.) One (1): parking space may be provided for the Accessory Dwelling Unit. The parking space shall be located int the same area as the parking provided for the principal dwelling unit unless the lot is a corner or through lot and a separate drive provides access to the Accessory Dwelling (7.)The design and construction of the accessory structure housing the Accessory Dwelling Unit shall be compatible with the design and construction ofthe principal dwelling unit. To ensure compatibility, the following standards shall be met: (a.)The design oft the accessory structure housing the Accessory Dwelling Unit shall be oft the same architectural style as that oft the principal dwelling unit. (b.) The roofs style and pitch of the accessory structure housing the Accessory Dwelling Unit shall be the same as that oft the principal dwelling unit. (c.) The exterior building materials used for the accessory structure housing the Accessory Dwelling Unit shall be the same as those used for the principal dwelling unit. When the principal dwelling unit isp predominantly brick or stone, the use of smooth wood or fibrous cement siding for the accessory structure housing the. Accessory Dwelling Unit is appropriate to reinforce the ancillary and secondary nature oft the Accessory Dwelling Unit. (d.) Windows and doors used for the accessory structure housing the Accessory Dwelling Unit shall be the same style and design as those used for the principal dwelling unit. Window and door placement (fenestration) on the accessory structure housing the Accessory Dwelling Unit shall mimic that oft the principal dwelling unit. (e.) Exterior paint colors for the accessory structure housing the Accessory Dwelling Unit shall be the same as (or complementary to) those for the principal dwelling unit. (8.)7 The use of manufactured dwellings, mobile homes, travel trailers, campers, or similar units (9.)The Accessory Dwelling Unit shall not be deeded and/or conveyed to separate and/or  access to the principal dwelling.  Unit.  as an. Accessory Dwelling Unit is prohibited.  distinct ownership separately from the principal dwelling unit. Only 1 permitted in ETJ, none inside of city limits  Dunn-  The following accessory uses shall bej permitted in an RA-40 single-family dwelling and agricultural district, provided that when any such use shall be detached from the principal structure oft the property on which the use is located, such use shall be located in the rear yard ()Automobile parking and garage, only as an accessory use to the principal uses oft the  and not less than fifty (50) feet from any street right-of-way:  property on which the use is located;    (2)Servants' quarters, not serviced by separate utility meters and not leased or rented to anyone other than the family ofal bona fide servant spending more than fifty (50) percent ofhis employed time at the premises to which the servants' quarters is an accessory use and in the (3)Guest quarters, serviced by separate utility meters and not containing cooking facilities; (4)Private, noncommercial swimming pools, provided that, except for those used as an accessory use to a single-family, detached dwelling, such uses shall not be located nearer than fifteen (15) feet to a lot used for or to be used for single-family dwelling purposes, measured (5)Private stables and corrals, provided that such uses shall not be located nearer than two hundred (200) feet to a lot or building used for or to be used for dwelling purposes; (6)Public and private gardens, gardens shall meet the setbacks for accessory buildings; (7)Customary home occupations as an accessory use to a single-family dwelling.  employ of the family occupying such premises;  from the edge oft the pool;  They will not issue permits for them. They use subdivisions and variances for  approval.    Chapter 87. Contractors. Article1. General Contractors.  $87-1. "General contractor" defined; exceptions.  (a) For the purpose of this Article any person or firm or corporation who for a fixed price, commission, fee, or wage, undertakes to bid upon or to construct or who undertakes to superintend or manage, on his own behalfor for any person, firm, or corporation thati isi not licensed as a general contractor pursuant to this Article, the construction of any building, highway, public utilities, grading or any improvement or structure wherei the cost ofthe undertaking is forty thousand dollars ($40,000) or more, or undertakes to erect al North Carolina labeled: manufactured modular building meeting the North Carolina State Building Code, shall be deemed to be a "general contractor"  engaged in the business of general contracting int the State of North Carolina.  (b) This section shall not apply to the following:  (1) Persons, firms, or corporations furnishing or erecting industrial equipment, power (2). Any person, firm, or corporation who constructs or alters a building on land owned by that person, firm, or corporation provided () the building is intended solely for occupancy by that person and his family, firm, or corporation after completion; and (ii) the person, firm, or corporation complies with G.S. 87-14. Ift the building is not occupied solely by the person and his family, firm, or corporation for at least 12 months following completion, it shall be presumed that the person, firm, or corporation did not intend the building solely for occupancy by that person and his family, firm, or corporation. (3) Any person engaged in the business of farming who constructs or alters a building on land owned by that person and used in the business of farming, when the building is intended for use by that person after completion. (1925,c.318, S. 1; 1931, C. 62, S. 1; 1937, C. 429, S. 1; 1949, c. 936; 1953, c. 810; 1971, c. 246, S. 1;1 1975, C. 279, S. 1; 1981, C. 783, s. 1; 1989, C. 109, S. 1;c. 653, S. 1; 1991 (Reg. Sess., 1992), c. 840, S. 1;2011-376, S. 1;2023-108, S. 2(a).)  plan equipment, radial brick chimneys, and monuments.  Chpt 6 Article 2 Section 6-32 B Section 6 Space, use and location standards.  a. Room sizes. Every dwelling unit shall contain at least the minimum room size in each habitable room as required by the town residential building code. (Floor area shall be calculated on the basis of! habitable room area. However, closet area and wall area within the dwelling may count for not more than ten percent oft the required habitable floor area. The floor area ofany part of any room where the ceiling height is less than 4%2 feet shall not be considered as a part ofthe floor area in computing the total area of the room to determine maximum permissible occupancy.)! Every dwelling unit shall    contain at least 150 square feet ofhabitable floor area for the first occupant, at least 100 square feet of additional habitable area for each oft the next three occupants, and at least 75 square feet of additional habitable floor area for each additional occupant. In every dwelling unit and in every rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet ofi floor area, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet off floor area for each occupant 12 years of age and over, and at least35 square feet of floor area for each occupant under 12 years of age.  Per North Carolina building code each dwelling unit shall have at least 150 sq ft of habitable space with an additional 100 per each additional individual.    TOWN OF ERWIN BOARD OF COMMISSIONERS REGULAR MEETING THURSDAY, MAY 2nd 2024, AT7PM  PUBLIC COMMENT- Each speaker is asked to limit comments to 3 minutes, and the requested total comment period will be 151 minutes or less. Citizens should sign up prior toi the start ofthe meeting. Please provide the clerk with copies ofany handouts, you havej for the Board. Although the Board is interested ini hearing your concerns, speakers should not expect. Board action or deliberation on subject matter brought up during the Public Comment segment. Thank) youj for your consideration of the  Town. Board, staffand other speakers. $160A-81.1  Name  Address  Subject  da  1. PEMARSHALL 1HDEONKOAD DwislShepAR bo6 MekAy St  IADoNuclbor Comph A a f  Les  3. 4. 5. 6. 7. 8. 9. 10. 11. 12.    MINUTES CONTINUED FROM MAY2,2024  Hei is waiting tol hear back from the State regarding the scope of work that was submitted for thel Park Code Enforcement Officer Chris. Jones has sent out multiple letters recently regarding tall grass and weeks. As a reminder, the' Town must give property owners a certain amount of days to address the Town Staff was under thei impression there was a conditional use permit for the Gettin' Place for outdoor storage. After further investigation, it appears that a conditional use permit is for propane. Staff has sent a violation letter, and will continue to do so to pursue this. Town Staffwants to ensure Ac company should be in' Town inj May to repair the damage on West E Street. This damage was from Tot thel best ofhis knowledge, everythingi is still on track for the water and seweri installation down St. Erwin Area Chamber ofCommerce will have the Toucha" Truck on Saturday, May 11 from 11 am -4 The surplus vehicles that the' Town sold on GovDeals brought in at total of $17201.00. While this was lower than expected, some oft these vehicles were noti in thel best shape, and the used cari market is not Town) Engineer Bill Dreiztler submitted a grant application to thel North Carolina Department of Environmental Quality fort the Spring 20241 round of funding. We' rel hoping to get funding tol help complete phase 2 ofthel East Erwin drainage project, which would helpl Prince Street and St. Town Engineer Billl Dreiztler also sent recommendations for thei improvements forI Street drainage  project. issue.  there is proper documentation for these violations. the company that was installing fiber for Cloudwyze. pm at the Central Carolina Industrial Park parking lot.  Matthews Road with the grant that was transferred tol Harnett Regional Water.  what it was a few years ago.  Matthews.  issues, which we will discuss at thei next workshop.  ATTORNEY'S: REPORT ADJOURNMENT Thel Board voted unanimously.  Town. Attorney Tim] Morris thanked the Board for allowing him to be their Town Attorney.  Commissioner Blackmon made a motion to adjourn at' 7:17) P.M. and was seconded by Commissioner: Nelson.  MINUTES RECORDED AND TYPED BY KATELAN BLOUNT DEPUTY CLERK  ATTEST: Yatep Katelan Blount Deputy Clerk  SSE Randy(Baker Mayor