Final Draft Development Code Analysis-1984

FINAL DRAFT
,DEVELOPMENT CODE ANALYSIS
PREPARED FOR I' HE TOWN OF
Suff Colty, North Carolina
Biro
cSatins
Pta_nning, Inc.
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George Eichler & Associates
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I JUKE 30, 1984
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REVISES JuLY 27, 1'984

FINAL DRAFT
DEVELOPMENT CODE ANALYSIS
Prepared for the Town of
SURF CITY, NORTH CAROLINA
By
SATILLA PLANNING, INC.
and
GEORGE EICHLER & ASSOCIATES
June 30, 1984
Revised July.27, 1984
The"preparation of this report was financed in part
through a grant provided by the North Carolina Coastal Man-
agement Program, through funds provided by the Coastal Zone
Management Act of 1972, as amended, which is administered
by the Office of Ocean and Coastal Resources Management,
N.O.A.A.

Contents
Page
Chapter One - Introduction and Purpose 1
Chapter
Two -
Summary of Findings and Recommendations.... 2
Chapter
Three
- Recommended Development Code Revisions.... 3
- Background .............................. 3
- Recommended Revisions ................... 4
- Recommended Zoning Ordinance Revisions. 7
- Site Plan Review ...................... 7
- Allowable Densities in the R-5 and R-10
Districts ............................. 8
- Planned Development Zoning .....:......18
- Commercial Zoning Districts ............. 31
- Useable Lot Area Definition ...........34
- Extraterritorial Jurisdiction .......... 35
- Policy Regarding Density Calculations..38
— Minor Revisions to Clarify the Ordin-
ance and Define Specific Requirements .38
Chapter Four - Recommended Zoning and Subdivision and
Administration Forms ......................
- Recommended Zoning Forms .................
- Recommended Subdivision Administration
Forms.. ...............................
Note: Chapter Four not included with this
Final Draft; there are no changes from
the Discussion Draft document.

CHAPTER ONE
INTRODUCTION AND PURPOSE
As an oceanfront community with ample vacant land
available for development, it is not surprising that Surf
City is beginning to feel increasing development pressures.
The lack of public sewer may very well be the only factor
constraining a literal development explosion. With increased
development activity, several problems with the Town's
existing development code became apparent. Additionally, the
Town foresees the need to revise the ordinances to deal with
the possiblility that sewer will eventually be constructed
thereby eleiminating the constraints now placed on
development by septic sewage disposal methods.
The Town officials requested funding assistance for this
project through the North Carolina Office*of Coastal
Resources. The project was subsequently funded and initiated
during May, 1984.
A Working Paper was prepared on June 7, 1984 to present
preliminary findings, a critique of the zoning ordinance with
recommended areas for revision, and a recommended framework
to pursue in finalizing the project. Additionally, a tabular
summary of the existing zoning ordinance's basic provisions
and a list of recommended administrative forms was presented.
The Working Paper was then presented to Town officials
and the Planning Commission and a work session was held to
discuss the preliminary findings. Issues identified by the
working paper were refined during meetings with Town
officials and specific areas of concern to the Town were
identified.
A Discussion Draft was then prepared to present initial
recommendations concerning zoning ordinance revisions and
changes to the Town's Administrative procedures. On July 24,
1984, the discussion draft was reviewed by Town Staff and the
Planning Board. Specific comments and areas for further
refinement were made.
This "Final Draft" report incorporates the comments and
recommendations from the Planning Board's July 24 review
session. It is organized as follows: Chapter Two presents,a
summary of findings and recommendations. Chapter Three
presents recommended revisions to existing development
regulations, and Chapter Four presents recommended zoning and
subdivision administration forms. (Chapter Four is not
included with this final draft as there are no changes from
the Discussion Draft).

CHAPTER TWO
SUMMARY OF FINDINGS AND RECUMNDATIONS
The findings and recommendations of this report fall
into two basic categories. First, recommended revisions to
the Town's existing zoning ordinance which was originally
adopted in 1980 are presented. These revisions include
incorporation of site plan review requirements, specifying
density limitations in the R-10 district, revising the R-5
District's densities,.an entirely new planned unit
development district, the addition of a commercial zone for
areas outside the central business district, a definition of
allowable lot area, and the addition of a residential
district to provide suitable zoning for rural areas within
the Town's one mile extraterritorial jurisdiction.
Additionally, recommendations were made to clarify and better
organize the zoning ordinance.
Secondly, a series of forms and applications was
prepared to assist in the administration of the zoning
ordinance and subdivision regulations. These forms cover
virtually every aspect of the zoning and subdivision
administration and enforcement process including checklists,
application forms, letters notifying individuals Of the
Town's action on applications, inventory forms, etc. ,
The enforcement and administration of the Town's
development regulations will become increasingly difficult
and require more staff time as development activity
increases. It is recommended that the Town manager assume a
formal and active role in the zoning and subdivision
administration process. The Town'Administrator could be
_charged with receiving and initiating review of rezoning
applications, site -plan reviews, subdivision applications,
and other specific procedural requirements under the
ordinances. The Building Inspector should remain in charge of
field inspections and code enforcement.
The Building Inspector should also maintain a supportive
role in zoning and subdivision administration process by,
assisting the town manager. By providing these additional
staff resources to assist the Building Inspector, the overall
administration and enforcement process should be
strengthened.
2

CHAPTER THREE
REC0;T4ENDED DEVELOPMENT CODE REVISIONS
BACKGROUND
This chapter presents recommendations to revise the
existing zoning ordinance Town's current zoning ordinance
which was adopted in 1980. The Town has therefore gained
considerable administrative and enforcement experience with
the 1980 ordinance. To recommend entirely new zoning regu-
lations would inadvertently disturb those aspects of the
process that are working well. However, certain changes are
recommended to bring these ordinances in line with current
and anticipated regulatory needs while also filling in some
gaps and resolving ambiguities that now exist. In partic-
ular, recommendations are made to deal with the eventuality
of public sewer and its anticipated impact on development in
Surf City.
. In assessing ways to strengthen the development codes
and bring them in line with land use plan policies and
objectives of the Town, it is desirable to have a set of
criteria to guide the recommended revisions. These criteria
include: simplicity, legality, reasonableness,
implementability, and relationship to community plans.
and policies. Each of these criteria is discussed
briefly below.
o Simplicity. Development codes should be written to be
easily understood. Requirements will vary with the complexity
of the subject matter, but even highly technical or
legalistic matters should be set forth as clearly as possible
for citizens to understand. In devising a development code,
it is not always a good idea to strain for the least detail_
of control at -the -expense of simplicity and clarity.
o Legality. Development codes are adopted and enforced by
municipalities pursuant to state law. Zoning, for example,
must be a reasonable exercise of police power and it must not
constitute a "taking". That is, it must not be confiscatory
of private property. The intent and public purposes to be
achieved by the regulations should be explicitly set forth.
To the greatest extent possible, it should be uniform in
application and involve a minimum of discretionary powers.
o-Reasonableness. A development code should not only be fair
and reasonable to the individual it affects (e.g. the applic-
ant) but is should also be equitable among the various groups
or individuals affected (e.g. neighbors to the applicant's
project).
M

o Implementability. It does little -good to have an airtight
development code that is meticulous in every -detail but is
simply not honored or enforced. In fact, a development code
provision that is not observed does more harm than having
none at all, because it generates disrespect for the
.development regulation system. Surf City's development codes
should be based, in part, on the ability of the Town govern-
ment to reasonably provide the staff and resources needed to
effectively enforce them.
o Relationship to the Land Use Plan and Policies. This is an
obvious criterion by which to evaluate the Town's development
codes. In the final analysis, the purpose of the zoning
ordinance and related codes is not simply to impose rules for
the sake of having rules, but to achieve some stated public
aim. It is less difficult to justify the imposition of
development regulations unless they are carrying out
provisions of the Town's adopted plans, policies and programs
such as the land use plan. Economic development policies are
another important example of public goals that zoning and
other development codes should attempt to foster.
Approach to Recommended Revisions
The following objectives were developed through initial
project meetings and work sessions with Town officials:
Recommended revisions to the Town's development regu-
lations should:
1) Clearly define ordinance requirements for both
applicants and town officials;
2) Incorporate a site plan review process and perfor-
mance standards into the zoning ordinance to cover
moderate to large development proposals;
3) Define density requirements for the R-10 zone;
and
4) Explore the use of extraterritorial juris-
diction for lands within one mile of Surf City
on the mainland.
These objectives, coupled with the overall guidelines
and criteria identified previously, form the basis for
recommended development code revisions.
Once overall project objectives and expectations were
defined, Town Officials then developed more specific
descriptions of problems and issues. The following summarizes
these findings:
4

o Site plan review requirements should be incorpor-
ated for all projects requiring building permits
that exceed a specific size or threshhold. Thresh -
hold can be defined as any development of more
than a specified number of allowable dwelling units
or a development on a tract of land greater than a
specific size. Detached single family homes on in-
dividual lots should generally be exempt while all
commercial and multi -family developments should be
required to submit site plans.
o There is currently a regulatory gap concerning
allowable densitites in the R-10 district. Ad-
ditionally,.Town officials requested that densities
allowed in the R-5 district be analyzed. The R-10
district specifies a minimum lot size of 10,000
square feet but does not specify the maximum number
of allowalbe dwelling units, eg. density. The R-5
district requires a minimum lot size of 5,000 square
feet plus 3,500 square feet for each dwelling unit
more than one. The use of nonconforming lots of record
(those less than current minimum allowable size but
legally existing because they were recorded before
the existing zoning ordinance was adopted) are
restricted as to density only by state septic tank
regulations. If the town had public sewer, the R-10
district would have no meaningful density cap under
zoning regulations.
o The PD-R Planned Development District - Residential,
as currently written, poses the following problems:
- There are no "permitted uses", only "conditional
uses". Therefore, all PD-R applications must go
to the Board of Adjustment. This makes use of the
PD-R district cumbersome in that developers must
automatically go before'the.Planning Board, Town
Council, and the Board of Adjustment to gain
PD-R approval.
- With a few minor exceptions, only residential uses
are allowed. Commercial uses are allowed only if
they are to serve residents of the PD-R district.
This limits the use of PD zoning to practice
innovative design approaches by prospective com-
mercial developments.
- The current minimum lot size for PD-R zoning is
five (5) acres. In a beach community where land
available for development is often scarce and ex-
pensive, this relatively large minimum lot area
severely restricts the use of the Planned Develop-
ment zoning.
5

- Density, open space, parking and recreational
space are now controlled through formula ratios,
e.g. floor area ratios for density. This is a
relatively sophisticated method of establishing
district regulations that may not be necessary
in Surf City. The use of density per acre require-
ments, and more traditional methods of establishing
required open space, parking, etc. should be
explored.
o The zoning ordinance'has only one commercial dis-
trict - C-1, and this district covers a
significant portion of the land available for
development in Surf City. There are no required
front, side or rear yard setbacks; this is
appropriate for the Central Business District
core but not for the outlying commercial and i
residential areas. By creating an additional
commercial district for use in areas outside the
central core area, appropriate setbacks and
parking requirements could be established. This
will be particularly important if the Town exer-
cises extraterritorial jurisdiction along the
causeway leading to Town across the swing bridge (SR
50/210).
o Useable Lot Area should be defined so that the
Building Inspector has clear guidelines to follow
and so that the developer knows up front which land
areas can be used for density calculations: The
current ordinance does not provide guidance in,ad-
ministering this part of the zoning ordinance which
is particularly crucial in coastal areas where
submerged lands, marsh and other components of the
coastal ecosystem are often within platted develop-
ments.
o The final major issue is the use of one -mile extra-
territorial zoning and subdivision jurisdiction.
The Town is currently having a base map of this
area prepared. This base map can be used for
zoning and land use planning when it is complete.
The role of this report is to prepare recommended
zoning ordinance revisions that will accommodate
areas within the one mile jurisdiction.
o Minor revisions to clarify regulations and better
organize the zoning ordinance should be recommended as
a result of the zoning ordinance review and critique.
M

RECOMMENDED REVISIONS
This section presents specific development code re-
vis�ons which are recommended to address the problems and
issues identified in the preceding section of this Chapter.
This includes revisions that are designed to fill gaps.and
resolve ambiguities (as identified in Project Working Paper
Number One, June 7; 1984).
Recommended Zoning Ordinance Revisions
Site Plan Review. Building permit issuance is usually the
critical enforcement point for zoning regulations. If a
proposed structure does not conform to zoning requirements,a
building permit cannot be issued. It is therefore recom-
mended that site plan review requirements be tied into the
building permit process. That is, require applications for
building permits to be accompanied by site plans. The
following is recommended ordinance language to incorporate
this requirement into the zoning ordinance. It is designed to
replace Section 7.3, "Application for Building Permit".
" 7.3 Application for Building Permit and Site Plan
Requirements
All applications for building permits shall be
submitted to the Building Inspector and accom-
panied by two (2) sets of Construction Plans
and six (6) site plans, both of which shall
be drawn to architectural or engineering
scale. The site plan shall indicate the
following:
1. Name of applicant or owner, including address
and telephone number if such exist.
2. Boundaries and dimensions of the lot to be
built on.
3. North arrow.
4. Location and dimensions of existing and
proposed structure.
5. Location and dimensions of proposed sewage
disposal system(s) and evidence of approval
by the Pender.County Board of Health, if
required.
6. Dimensions of all yard and setback require-
ments.
7. All existing and proposed roadways and drive-
ways, including the width of each.
7

8. Location and dimensions of individual off-
street parking and loading facilities.
9. All existing and proposed rights -of -way.
10. All easements.
11. Any Areas of Environmental Concern (AEC's)
as designated by the North Carolina Coastal
Area Management Act which are present or
adjacent to the site.
12. The existing and/or intended use of premises,
each building or part of a building.
13. The number of families or housekeeping units.
14. Other details as may be necessary to ensure
conformance with the applicable ordinances
and regulations of Surf City, or as may be
required by the Town Building Inspector,
Town Manager, or Town Planning Board.
Any building permit application for more than three (3)
dwelling units, or for construction of more than 3,000 square
feet of heated and cooled area, or occupying space on a lot -
or parcel•of more than 30,000 square feet, or any commercial
use shall require site plan review and approval by the
Planning Board prior to the issuance of a building permit.
One copy of the construction plans and site plan shall be
returned to the applicant by the Building Inspector after he
has named such copies either approved or disapproved and
attested to same by his signature on each copy. Should the
Building Inspector, or the Planning -Board in the case of a
site plan, disapprove an application for building permit, the
reasons for disapproval shall be listed on the application.
Additional copies of the plans shall be retained by the
Building Inspector."
Allowable Densities in the R-5 and R-10 Districts. As stated,
densities in the R-10 district are limited not by zoning re-
quirements, but by State septic sewage disposal regulations.
To approach the issue of reasonable densities to be allowed,
coupled with the practical matter of septic tank
installation, schematic site plans were prepared covering a
range of possible residential buildings on different sized
lots. Septic fields are based on 450 square foot beds as
allowed by state regulations. Current state regulations also
require that "maintenance areas" equal to the size of the
original system be set aside. However, this requirement does
not apply to lots of record as of 1983. Therefore, most of
the developable areas in Surf City are exempt from the main-
tenance area requirements.
8

Figure 1 displays sample site development plans for
5,000 and 8,500 square foot lots in the existing R-5
district. Plans A and B present single units on both 5,000
square foot corner and interior lots. Plans C and D depict
one story duplex units on 8,500 square foot corner and
interior lots. As illustrated by Figure 1, these dwellings
with required septic sewage facilities and parking can be
easily accommodated on the minimum lot sizes currently
required by the R-5 district. The development of non-
conforming lots of record in the R-5 district may present
administration problems from time to time. Town policy on the
development of such lots should be that such a lot of less
than 5,000 square feet should be allowed to develop with only
one dwelling unit; the placement of more than one unit on any
R-5 lot should only be done in accordance with the standards
of 5,000 square feet for the first unit and 3,500 square feet
for each additional unit (or whatever the specific square
footage requirements may be amended to).
Sample development plans for R-5 district residences
along the ocean and marsh are presented by Figure 2. Figure
2-E displays marshfront duplexes on 8,500 square foot corner
and interior lots. Figure 2-F portrays oceanfront triplexes
on 12,000 square foot corner and interior lots. These three-
story structures are cantilevered as allowable under current
town enforcement policy. Required parking and septic areas
can be met without major design problems.
Maximum density allowed in the R-5 district equates to
about 12 units per acre. Based on these site plans and
discussions with Town Officials, the basic density provisions
of the existing R-5 district do not appear to present con-
straints; however, it is the ordinance's intent and the
Planning Board's desire that overall densities in R-5 exceed
those of the R-10 district. The following revisions of the R-
5 district is therefore recommended to accomplish a distinct
difference between R-5 and R-10•densities.
Revise Dimensional Requirements R-5 as follows:
it a) Lot Area - minimum required - first unit
5,000 square feet, second unit 3,500 sq. ft.
additional (8,500 square feet minimum required
for first two units) and 2,500 square feet for
each additional unit more than two (2) up to a
maximum density of 16 dwelling units per net
acre."
The results of this amendment are displayed below for
developments up to one acre:
W

i
. I (' A
DRAIN BED (typical)
i
r—C
Lm
D
R-5: 5,000 SO. FTA 8,500 SO. FT. LOTS FiGol-
.,10

DRAIN BED
!- W
W 50 W
F.
r
I I ' 2-UNITS2-STORY
2-UNITS2-STORY. C.A.M.A.1 LINE
� I i •
i I I,i I;I
-UNITS 3-STORIES
3-UNITS 3-STORIES I I
I ~ I C.A.M.A : LINE I
fI I I'I I I
• I"EDGE of VEGETATION
R-5: MARSHFRONT & BEACHFRONT LOTS FIG.
2

Number of
Dwelling Units
1
2
3
4
5
6
7
8.
9
10
11
12
13
14
15
16
Minimum Lot Area
In Square Feet
5,000
8,500
11,000
13,500
16,000
18,500
21,000
23,500
26,000
28,500
31,000
33,500
36,000
38,500
41,000
43,500
(one acre = 43,560
square feet)
If the required area for each additional unit more than
two was amended from 3,500 S.F. to 3,000 S.F. (vs. the 2,500
S.F. illustrated above) the following would result:
Number of Minimum Lot Area Required
Dwelling Units In Square Feet
1
5,000
2
8,500
3
11,500
4
14,500
5
17,500
6
20,500
7
23,500
8
26,500
9
•29,500
10
32,500
11
35,500
12
38,500
13
41,500
14
44,500
(Maximum densit o 1st acre i 1 units although it a uires
only 940 S.F. i� a5dition to t9e first acre for the 1 t
unit).
The existing R-10 district does.have administrative and
regulatory problems as indicated by Figures 3 and 4., Figures
3G and 3H demonstrate that it is possible to place 5 units in
a 10,000 square foot R-10 lot (assuming the septic tanks and
drainage beds are permitted by the County Health Department).
This equates to 2,000 square feet per unit or nearly 22 units
per acre. This is contrary to the Planning Board's desire
12

i
/00
0
r
:(Non Conforming Lot) (Non Conforming Lot).
R-1 O: 109000 & 5.000 SO. FT. LOTS . FiGn .3
12

50
Jim
I I
2-UNITS2-STORY,
- ._(Non Conforming Lot)
DRAIN BED (typical)
2-UNITS2ISTORY 8
X
i I
2-UNITS2-STORY 3-UNITS 3-STORIES
` I CA.MA. LINE' I
EDGE f V GETATION - •�`_ _� (-_
L..
(Non Conforming Lot)
V
I CA.MA.
4-UNITSI3-STOi [ES�
..oI"
R-10: 10,000 SO. FT., MARSHFRONT. FlGm4
& BEACHFRONT LOTS
13

that the R-10 district allow lower overall densities than the
R-5 district.
Figures 3I and 3J illustrate how duplexes can be built
on 5,000 square foot non -conforming R-10 lots. This puts each
unit on 2,500 square feet or more than 17 units per acre.
Figures 4K and 4L present 2-story duplexes on 5,000 square
foot lots. Oceanfront and marshfront units are portrayed on
10,000 square foot lots in Figures 4M and 4N.
Allowable densities in the R-10 district as now written
should be defined and effectively lowered. This is particu-
larly valid in consideration of the future possibility of
public sewer which could allow densities in this district in
excess of 30 units per acre.
The following revisions to the R-10 district are recom-
mended:
" 4.5 R-10 Residential District
The R-10 Residential District is established to provide
for single family dwellings, two-family dwellings, multiple
family dwellings and townhouses excluding mobile homes and
travel trailers.
1. The following uses are permitted:
a) Single family dwellings
, b)Two family dwellings
c) Multi -family dwellings
d) Townhouses
e) Churches
f) Public and private schools
g) Grounds and facilities for recreational and
community center buildings operated on a non-
profit basis
h) Kindergartens and day nurseries provided that
not less than 200 square feet of play area is
provided for each child
i) Accessory buildings to residential uses pro-
vided that no accessory building shall be
rented or occupied for gain and provided
all accessory buildings shall meet the min-
imum dimensional requirements as defined
herein
15

2. The following uses are conditional uses and may be
permitted subject to a finding by the Board of
Adjustment that the additional conditions listed
will be met:
a) Private club or lodge
b) Public buildings such as Fire, Police, Library
Facilities, and Rescue
c) Public works.and public utility substations such
as water tanks, pumping stations, treatment
plants, and electric, -gas, oil, pipeline, tele-
phone substation, provided that all dangerous ap-
paratus shall be enclosed by a chainlink fence
at least six (6) feet in height; no vehicles
or materials shall be stored on the premises and
no offices shall be permitted; and that landscape
is screened with shrubs and other vegetation so
as to blend with the surrounding area.
d) Artificial fences and retaining walls up to
4 feet above lot grade level.
e) Boathouse, dock and moorings.
f) Home professional office and home occupations
provided the use is: conducted entirely within
.a dwelling and carried on by the occupants, the
use is clearly incidental and secondary to the
use of'the dwelling for living purposes, the
use does not change the character thereof. Fur-
thermore, there is not display, no stock -in -
trade, nor commodity sold upon the premises and
employment is in connection with the home oc-
cupation. Such occupation shall be carried on
solely within the main dwelling and shall not
occupy more than twenty-five (25) percent of the
floor area of the dwelling. Beauty parlors and
barber shops shall not be construed as a home
occupation.
3. Dimensional Requirements R-10
a) All lots shall be consistent with Ocean Hazard
and Estuarine Shorelin AEC standards for de-
velopment (C.A.M.A.)
b) Lot area minimum required - first one or two
dwelling units,10,000 square feet, each
additional dwelling unit more than two,
3,500 square feet up to a maximum density
of 12 dwelling units per net acre.
16

c) Lot width - minimum required: 50 feet
d) Front yard - minimum required: 25 feet
e) Side yard - minimum required: 7.5 feet
Side yard - abutting street: 15 feet
f) Rear yard - minimum required: 20 feet
g) Building height - no building shall exceed
three stories or 35 feet.
h) Lot coverage - the total ground area covered
by the principal building and all accessory
buildings including any roofed area shall not ex-
ceed 40 percent of the total lot area
i) Location of accessory buildings - accessory
buildings shall be locatd not less than 5
feet from property line, provided, however,
that all required front yards or side
yards abutting a street are met
j) Minimum floor space per dwelling unit - 750
square feet
k) For ocean front property the front yard
shall be that yard between the building
and the property line that is common to the
road or highway running parallel to the
Atlantic Ocean. For ocean front lots the
front yard shall have a minimum of 15 feet.
4. Additional Requirements:
a) Signs shall meet the requirements set forth in
Section 5-8.
b) Off-street parking: off-street parking shall
be provided as required in Section 5.1-5.6 of
this Ordinance
c) Corner visibility - on a corner lot, within the
area formed by the center lines of the inter-
secting streets and a line joining points on such
center lines at a distance of eighty (80) feet
from their intersection, there shall be no
obstruction to vision between a height of three
(3) feet and a height of ten (10) feet
above the average center line grade of each
street.
The effect of 3 b) governing allowable densities, is
displayed below:
17

Number of
Minimum Lot Area
Dwelling Units
Required in Sq. Ft.
1
10,000
_2
10,000
3
13,500
4
17,000
5
20,500
6
24,000
7
27,500
8
31,000
9
34,500
10
38,000
11
41,500
12
45,000
(Maximum density on one acre is 11 units; the 12th unit will
require 1,440 square feet in addition to one acre. A develop-
ment of 2 acres would be allowed (24 units or 12 units per
acre).
Planned Development Zoning. Town officials and the
consulting team have identified several drawbacks and
problems with the current PD-R District. These issues were
identified in the previous section of this chapter. It is
recommended that the Town revise its planned development
regulations by adopting a new Planned Unit Development
District. The following is designed to replace the existing
PD-R District. Its provisions address the problems identified
with the existing PD-R regulations. A specific method of
dealing with townhouses is also provided by these
regulations.
Rey provisions dealing with densities and other
standards which Town officials will wish to scrutinize are
underlined for emphasis.
" 4.6 Planned Unit Development District_
Intent
The intent of this district is to achieve site
design and land development of superior qualiity through
the encouragement of flexibility and creativity in
achieving the purposes of other districts in this Zoning
Ordinance by departing from the strict application of
use and dimensional requirements under certain con-
ditions and imposing other requirements in lieu thereof.
The objective of the Planned Unit Development is
to encourage ingenuity, imagination, and flexibility
of design efforts on the part of builders, architects,
site planners, and developers to produce developments
which are in keeping with density and open space objec-
18

tives of the Zoning Ordinance, while departing from the
strict application of use, setback, height, and minimum
lot size requirements of the Zoning Ordinance, which: .
1. Permit a creative approach to the development of
residential communities
.2. Accomplish a more desirable environment than would
be possible through the strict application -of mini-
mum requirements of the Zoning Ordinance
3. Provide for an efficient use of land resulting
in smaller networks of utilities and streets and
therefore lower housing costs
4. Enhance the appearance of neighborhoods through,
the preservation of natural features, the provision
of underground utilities and the provision of
recreation areas and open space in excess of
existing zoning, subdivision, and comprehensive
plan requirements;
5. Provide an opportunity for new approaches to
home ownership; and
6. Provide an environment of stable character
compatible with surrounding residential areas.
1. Permitted Uses:
a. Conddminium
b. Dwelling, Single Family Attached
c. Dwelling, Single Family Detached
d. Dwelling, Two Family
e. Townhouse
2. Conditional Uses:
The following may be permitted'as conditional
uses to the extent that the Board of Adjustment
finds them to be designed to serve primarily the
residents of the Planned Unit Development and
compatibly and harmoniously incorporated into the
design of the Planned Unit Development:
a. Uses permitted in any Commercial District,
whose total area including off-street parking
and loading facilities shall not occupy more
than eight (8) percent of the gross area of the
site
b. Churches.and other places of worship and
accessory facilities.
c. Schools.
19

3. Accessory Uses:
a. Accessory off-street parking and loading spaces.
b. Accessory signs.
c. Bathhouses, pavilions, community buildings,
game courts, (lighted or unlighted), and
swimming pools for the use of occupants in
the Planned Unit Development.
4. General Requirements:
a. Minimum Size. -The minimum size of a Planned
Unit Development shall be two (2) acres.
b. Location. The Planned Unit Development shall
have access to major streets without creating
traffic on minor residential streets outside
the district. It shall be adequately served
by the Town's public water system. Where
feasible, private facilities, utilities or
services approved by appropriate public agen-
cies may be permitted to serve the Planned
Unit Development District.
c. Ownership. Prior to final approval of.the
development land, evidence of unified control
of the entire site must be submitted to the . '
Planning Board accompanied by a signed agree-
ment by all owners which includes their commit-
ment to:
1. Proceed with the proposed development in
accordance with the Planned Unit Develop-
ment plans as submitted, and such condi-
tions and safeguards as.may be set by the
Town Council in granting the rezoning; and
2. Provide agreements, contracts, deed restrict-
ions and sureties acceptable to Surf City,
North Carolina, for completion of such
development according to plans approved at
the time of the rezoning, and for continuing
operating and maintenance to such areas, F
functions, and facilities as are not to be
provided, operated or maintained by Surf
City, North Carolina, pursuant to written
agreement; and
3. Bind their successors in title to any commit-
ments made in their petition.
W

d. Density. For purposes of this section of the Zoning
Ordinance, the Planned Unit Development site shall
be divided into a maximum of three (3) residential
density districts. The districts shall be as follows:
low -density, medium density, and high -density
district. The density for the entire Planned Unit
Development shall not exceed (16) units per -gross
acre.
1. Low -Density District. The low -density district
shall be limited to one (1) and/or
two (2) family detached or attached structures.
No more than five (5) units per net acre shall
be permitted in the low density district. The
minimum lot size in the low density district
shall be seven thousand five hundred (7,500)
square feet.
a. In an effort to encourage cluster develop-
ment of housing units, minimum lot sizes
may be reduced up to twenty-five (25) per-
cent. In a cluster development no more
than two (2) single family units nor more
than two (2) family units may be erected
on a common wall.
b.. In exchange for the increase in the net
density of the low -density district, the
remaining portion of the land not devoted
to lots shall be dedicated or devoted to
common open space..
c. Front Yard Requirement. The minimum front
yard requirements shall be fifteen (15) feet.
d. Side Yard Requirement. There shall be a min- '
imum of twenty (20) feet between structures.
e. Rear Yard Requirement. No minimum rear yard
is required.
2. Medium Density District. The medium density dis-
trict shall be limited to townhouses and/or
condominiums. No more than sixteen (16) units per
gross acre shall be permitted in the medium den-
sity district.
a. Townhouses. A minimum of three thousand five
hundred (3,500) square feet of lot area shall
be provided for each townhouse unit. (See
special requirements under Supplementary
Regulations, page ).
21

b. Front Yard Requirement. The minimum front
yard setback shall be twenty-five (25) feet.
c. Rear Yard Requirement. The minimum rear yard
setback shall be thirty (30) feet from the
perimeter lot line of a townhouse development.
d. Side Yard Requirement. A minimum side yard of
twenty (20) feet shall be provided between the
end of a grouping of townhouses and an
interior lot line of a townhouse development
site,.except that on corner lots the side yard
abutting a.public street shall be equal to
the front yard. A spacing of twenty (20) feet
shall•be provided between the end of each
grouping of townhouses, and an additional ten
(10) feet shall be required if a driveway is
provided between such groups. Such separation .
between such groupings shall not be encum-
bered with walls or other structures or
obstructions which will prevent emergency
vehicular access between such groups.
3. High Density District. The high density shall be
limited to multi -family structures. Condominiums
shall be limited.to multi -family structures.
Condominiums shall be permitted in the high
density district, at a maximum density of twenty-
four (24) units per gross acre.
e. Open Space Requirements
1. As a prerequisite for approval of -a
Planned Unit Development a minimum
of ten (10) percent of the gross resi-
dential acreage shall be allocated to
local open space .for-the.use of the
residents of the Planned Unit De-
velopment:
2. Common open space must be used for
amenity or recreational purposes
and natural features worthy of pre-
servation may be left unimproved.
The buildings, structures, and im-
provements which are permitted in
the common open space must be appro-
priate to the uses which are author-
ized for the common open space and
must conserve and enhance the ameni-
ties of the common open space having
regard to its topography and unim-
proved condition.
3. The development schedule must
22

coordinate the improvement of the
common open space, the construction
of buildings, structures and improve-
ments in the common open space, and
the construction of residential
dwellings in the Planned Unit Develop-
ment.
4. The common open space shall be sit-
uated such that it will best serve
the residents and be totally integ-
rated within the various land uses
of the Planned Unit Development.
5. The developer shall make provisions
to.provide for the use, improve-
ment and maintenance of the common
open space in a manner which assures
its continuing use for its intended
purpose. The Town Attorney shall
certify to the Town Commission that
the proposed method of assurance
is legally binding.
5. Procedures for PUD Approval
A petition for rezoning land to a Planned
Unit Development- District shall be submitted to
the Building Inspector in the same manner as any
rezoning request. ,
a.A written statement shall accompany the
rezoning petition containing the fol-
lowing information:
1. An explanation of the character of
the Planned Unit Development and
the manner in which it has been planned
to take advantage of .the Planned Unit
Development Regulations.
2. A statement of proposed financing.
3. A statement of present ownership
of all land included within the
development.
4. A general indication of the expected
schedule development.
5. A plat or legal description of the
total area within the Planned Unit
Development.
b. Preliminary Development Plan. An appli-
23

cant shall submit a Preliminary Development
Plan (seven copies) along with the written
statement at the time of.submission of the
rezoning request. The Preliminary Develop-
ment Plan must include all of the following
information:
1. A boundary survey and topographical
survey of the site at an appropriate
horizontal scale and contour interval,
depicting all existing masses of trees,
and other natural features.
2. The preliminary location and group-
ing of all uses and the amount of
area for each.
3. The boundary of each residential
density.district, the number of
residential units proposed for each
density district, their general
location, and proposed lot designs;
tentative floor .plans -and elevations;
which need not be the result of final
architectural decisions and need not
be in detail; those areas to be owner -
occupied and those to be renter -
occupied.
4. A preliminary vehicular and pedes-
trian circulation system including
driveways, walkways, loading areas,
including the number of parking
spaces, and streets to be dedicated.
5. A system of open space and recre-
ational uses, with estimates of acreage
to be dedicated for public use and that
to be retained in common ownership.
6. A draft of the Declaration by which
the use, maintenance, and continued
protection of the Planned Develop-
ment and any of its common open
space areas shall be guaranteed.
7. A development schedule indicating:
(1) the approximate date when con-
struction of the project can be ex-
pected to begin; (2) the stages in
which the project will be built and
the approximate date when con-
struction of each stage can be ex-
pected to begin; (3) the anticipated
rate of development; (4) the approxi-
24

mate dates when the stages in the
development will be completed; and
(5) the area and location of common
open space that will be provided at
each stage.
It is the intent of this. requirement
that the schedule of development be
such that a staged implementation of
the Planned Unit Development would
not result in land use conditions
which would establish a precedent
for the use of adjoining undeveloped
property for purposes other than
that shown on the approved Planned
Unit Development Plan.
c. The Planning Board shall review the prelim-
inary Planned Unit Development and shall forward
its recommendation to the Town Council based
upon findings that:
1. The proposed.Planned Unit.Development
will not adversely affect the orderly
development of Surf City, as embodied
in the Zoning Ordinance and in any
land use plan or portion thereof adopted
by the Town.
2. The proposed Planned Unit Development
will not affect adversely the health
and safety of residents or workers in'
the area and will not be detrimental to
the natural environment or to the use or
development of adjacent properties or
the"general neighborhood.
3. The proposed Planned Unit Development
will accomplish the 6bjectives and will
meet the standards and performance cri-
teria as outlined.
d. Final Development Plan. Within six (6)
months following the approval of the
rezoning petition by the Town Council
and the Preliminary Development Plan,
the applicant shall submit to the Plan- '
ning Board eight (8) copies of the
Final Development Plan containing in
final form the information required
in the Preliminary Plan. Upon receipt
of a request by the applicant, the
Planning Board may extend for six (6)
months the period for filing the Final
Development Plan.
25

Upon receipt of the Final Development
Plan, the Planning Board shall review it
to see that it is in substantial compli-
ance with the Preliminary Development
Plan. The Planning Board may approve
changes in the Final Development Plans
which comply with the following criteria:
1. The total number of dwelling units and
the total floor area is not increased;
2. The open space is in the same general
location and in'the same general amount
or .greater amount;
3. The number of stories in the building
and the floor area thereof is not
increased;
4 The roads and drives follow approxi-
mately the same course and have the
same public or private rights therein.
Following recommended aproval of the
Final Development Plan by the Planning
Board, it shall forward two copies of the
approved Final Development Plan to the
Town Manager and Town Council.
6.. Phasing of Construction
a. Residential. The phasing of residential
construction in any one residential den-
sity district shall not exceed the overall
density requirement of the Planned Unit
Development as a whole.
b. Non -Residential. If a Planned Develop-
ment contains non-residential uses, these
uses may be constructed first, but only.
if the Planning Board finds - and records
its findings on the Final Development Plan that the non-residential uses would be con-
sistent with the Land Use Plan for the com-
munity even though the residential areas of
the Planned Development are not built or not
completed.
7. Subdivision or Resale of Property
Following approval of the Final Development
Plan, the Planned Unit Development may be sub-
divided or resubdivided for purposes of sale or
lease or transfer of title. The Planning Board
KV

shall approve the subdivision or re -subdivision
of portions of the Planned Unit Development pro-
vided that each meets the planning requirements
of the Subdivision Regulations.of Surf City,
North Carolina, and the density, open space,
yard, and parking requirements of the Zoning
Ordinance of Surf City, North Carolina.
8. Design Standards and Performance Criteria
The following Design Standards and Per-
formance Criteria are minimums to be used in
the development of a Planned Unit Development
site:
a. Access. Vehicular access drives through-
out the Planned Unit Development site
shall be paved to a minimum of twenty (20)
feet.
b. Height.
1. The maximum height in the low -
density district shall be thirty
(30) feet.
2. The maximum height in the medium
density district shall be thirty-
five (35) feet.
3. The maximum height in the high -den-
sity district shall be forty-eight
(48) feet.
c. Minimum Distance Between Buildings
1. The minimum distance between
buildings in the low -density dis-
trict shall be twenty (20) feet.
2. Multiple family and townhouse
structures shall be separated
from one another by the following
minimum distances:
(a) front -to -front: 40 feet
(b)•front-to-rear: 50 feet
(c) rear -to -rear: 30 feet
(d) side -to -side: 20 feet
(e) all other: 20 feet
d. Off -Street Parking and Loading. The re-
gular off-street parking and loading re-
quirements of this Ordinance shall apply
to Planned Unit Developments, unless they
27

are revised as a condition of approval.
e. Pedestrian Circulation. The pedestrian
circulation system and its related walkways
shall be separated as completely as
possible from the street or vehicular cir-
culation system. All walks shall be of a
permanent nature and material and shall be
at least five (5) feet in width.
f. Perimeter Control. The minimum setback
from the exterior boundaries of the
Planned Unit Development site shall be
twenty-five (25) feet.
g. Perimeter Control. Buildings over two
(2) stories and other such uses shall
be located within the Planned Unit
Development in such a way as not to in-
vade the privacy of the occupants of
low rise buildings. Privacy walls and
screening shall be provided where deemed
necessary by the Planning Board.
h. Service and Emergency Access. Access
and circulation systems shall adequate
ly provide for fire fighting equipment,
furniture moving vans, refuse col-
lections and deliveries.
i. Underground Utilities.
1. All areas of the Planned Unit Develop-
ment shall provide for underground
installation of all utilities, in-
cluding power and telephone.
2. Provision shall be made for accep-.
table design and construction of
storm sewer facilities, including
grading, gutters, piping, and
treatment of turf to handle storm
waters, prevent erosion, and for-
mation of dust.
j. Subdivision Procedures. At the option of
the developer, portions of'the Planned
Unit Development may be subdivided to
provide individual building lots for one
and two family dwellings, townhouses,*
condominiums, or development sites, pro-
vided the following requirements are met:
1. All platting requirements shall com-
ply with the Subdivision Regulations
28

of Surf City, North Carolina
2. Townhouse developments may be sub-
divided to provide individual lots.
The minimum lot size shall be 1,800
square feet with a minimum width of
twenty (20) feet. All other yard
requirements shall comply with the
Regulations of this Ordinance.
9. Additional Requirements
For additional requirements, see definition
of "Planned Unit Development" under Section
11.4, Definition.
(Note: definitions placed here in report for
continuity:) -
Planned Unit Development. For the purpose of the
Zoning Ordinance, a Planned Unit Development is
defined as land under unified control which is
planned and developed as a whole in a single develop-
ment operation or a programmed series of operations,
including all land and buildings for principal and
accessory structures and uses substantially related
to the character of the district. The Planned Unit
Development shall be developed according to com-
prehensive and detailed plans which include slot only
streets, utilities, lots or building sites and the
like, but also site plans, floor plans, and eleva-
tions of all buildings as intended to be located,
constructed, used and related to each other and
detailed plans -for other uses and improvements on
land as related to the building.
The Planned Unit Development shall also make pro-
visions for the operation and maintenance of such
areas, improvements, facilities, and service as
will be for common use by some or all of the
occupants of the Planned Unit Development, but
will not be provided, operated, or maintained
at the expense of the general public.
Condominium. A building containing three (3) or
more individually -owned units and related,
jointly -owned, common areas as defined.by the
laws of the State of North Carolina.
Town House Requirements
Note: This section is needed to specify town-
house requirements.within the PUD. It can also
be used to regulate townhouse developments in
other zoning districts.
29

1. Purpose
a. To permit a greater intensity of land
_ use while at the same time provide areas
of open space and degree of privacy com-
parable to those qualities inherent in con-
ventional single-family detached housing.
b. To permit developments of smaller size
within older areas characterized by an
intermixing of single, two-family houses
and commercial uses. The townhouse affords
the opportunity to make economic use of
"passed over" vacant land or to replace
dilapidated structures at a slightly
higher density while maintaining owner -
occupancy in the neighborhood.
c. To make available a variety of dwelling
types and densities in a variety of newly
developing locations to serve a wide range
of individual requirements so long as
certain standards are maintained to insure
a reasonable amount of open space and archi-
tectural variety.
2: Definitions.
a) Townhouse. A single family dwelling,
located on a lot, forming one of a group
or series of two (2) or more attached
single-family dwellings separated from
one another by party walls without doors,
windows, or other provisions for human
passage or visibility through such walls
from basement to roof and having roofs
which may extend from•one such dwelling
unit to another.
3. General Requirements.
a) Each unit shall be independently served
by separate utilities and services. ,
b) A grouping of townhouses shall not
exceed two hundred fifty (250) feet
in length.
c) Accessory structures shall be located
in the rear.yard only, and may abutt
another accessory structure located on
an adjacent lot within the townhouse
development, except that accessory
structures for end units shall not be
30

closet than the main -building to the
property line.
d) Separation between groupings of townhouse
units shall be the same as set forth in
Section 4.6 4,d,2-of this ordinance.
4. Maximum Density. The maximum density for
townhouse shall not exceed one (1) dwelling
unit per lot.
5. Subdivision Procedures. At the option of the
developer, the land may be subdivided to
provide individual lots for townhouse dwellings
provided the subdivision of land is in confor-
mity with all platting requirements of the Sub-
division Regulations of Surf City, North
Carolina.
Commercial Zoning Districts. An additional commercial• zone:
is recommended to -govern development in commercial areas
outside the central commercial core area including commercial
areas within the Town's extraterritorial jurisdiction. Ad-
ditionally, certain revisions to the existing C-1 district
are recommended.
It is proposed that the C-1 Commercial District be
revised to serve as a Central Business District zone. These
zoning districts typically do not require front and side
yard setbacks or off-street parking, providing for intense
development. The following revisions are recommended to the
C-1 District:
1) Revise the District to:
"C-1 Central Business District.'
2) Revise the District Intent Statement to read:
"The C-1 Central Business District is intended
to protect and promote suitable areas for busi-
ness and commercial uses which benefit from
proximity to each other including a variety of
sales and service facilities for the general
public and to encourage the intense development
of a centralized business center in Surf City:"
3) Revise the permitted uses section by deleting:
"e) all uses permitted in the R-5 district" -and
replacing with "e) dwellings, single family
detached".
4) Revise Dimensional Requirements C-1 by:
31

Deleting the existing section and replacing it
with•
"a) all lots shall be consistent with Ocean Hazard
and Estuarine Shoreline Act AEC standards for
development under C.A.M.A.
b) Lot Area - Minimum Required:
1) Single family dwellings: 5,000 square feet
2) Commercial Uses: 3,000 square feet
c) Lot Width - Minimum Required:
1) Single'family dwellings: 50 feet
2) Commercial Uses: 30 feet
d) Front Yard - Minimum Required:
1) Single family dwellings: 15 feet
2) Commercial Uses: None
e) Side Yard - Minimum Required:
1) Single family dwellings: 7.5 feet
Side yard abutting street: 10 feet
2) Commercial Uses: None
f) Rear Yard.- Minimum Required:
1) Single family dwellings: 20 feet
2) Commercial Uses: None
g) Building Height - Maximum 35 Feet or Three
(3) Stories
h) Lot Coverage:
1) Single family dwellings: 40 percent
2) Commercial Uses: None
Additional Requirements:
a) Buildings constructed or converted to com-
mercial use after the effective date of
this Ordinance shall provide off-street
loading berths as required in Section 5.7
and off-street parking as required in
Section 5.1 - 5.6 in this Ordinance.
b) All signs or billboards must meet the re-
quirements set forth in Section 5.8 of
this Ordinance."
Add an additional Commercial Zone, the C-2, General
32

Commercial District, as follows: .
"C-2, General Commercial District
The C-2, General Commercial District is to provide
and protect areas suitable for a mixture of uses
providing retail goods, services, lodging,
tourist services, entertainment and single family
dwellings. Its regulations are designed to: 1) en-
courage the formation of continuity among commercial
uses locating along the Town's major roads; and 2)
ensure adequate and properly designed methods of
ingress and egress to commercial properties while
providing for•safe and adequate traffic flow along
these major roads.
1. The following uses are permitted:
a) all uses permitted in the C-1, Central
Business District
b) townhouse
c) dwelling, two family
2.. Dimensional.Requirements
a) All lots shall be consistent with Ocean Hazard
and Estuarine Shoreline AEC Standards for De-
velopment under the C.A.M.A.
b) Lot area - minimum required: 5,000 square feet
dwellings shall be subject to R-5.regulations
for minimum lot area
c) Lot width - minimum required: 50 feet
d) Front yard - minimum required: 25 feet
e) Side yard - minimum required: 7.5 feet
Side yard abutting street: 20 feet
f) Rear yard - minimum required: 20 feet
g) Maximum building height: 35 feet or 3 stories
h) Maximum lot coverage: 50%
Dwellings: subject to R-5 provisions
i) Residential accessory structures shall not
be less than 5 feet from rear or side property
lines and shall meet all front yard requirements.
3) Additional Requirements
33

a) Buildings constructed or converted to
commercial use after the effective date
of this Ordinance shall provide off-street
loading berths as required -in Section 5.7
and off-street parking as required in
Section 5.1- 5.6 of this Ordinance.
b) All signs or billboards must meet the require-
ments set forth in Section 5.8 of this
Ordinance.
Useable Lot Area Definition. The purpose of defining
useable lot area is to provide both zoning administration
personnel and developers with a clear set of guidelines
identifying which lands are recognized by the zoning
ordinance for area/density calculations and which are not.
The following is intended to be a "draft working definition"
that should be thoroughly reviewed prior to finalization.
"For the purposes of calculating minimum lot area,
density or dwelling units per acre, and maximum lot coverage,
under the terms of this Ordinance, the following provisions
shall govern:
1) only contiguous areas held in fee simple title
shall be calculated as to lot area.
.2) regardless of ownersip via fee simple title,
only lands above mean high sea level-(e.g.
fillable marsh, pilings) shall be allowed in
,the calculation of lot area.
3) In the case of lots fronting or abutting on
public roads or streets which have no formally
dedicated or acquired rights -of -way, the yard
or yards abutting such road shall be defined as
beginning at the edge of the prescriptive rights
easement as may be determined or established by
state law. The following sketch illustrates this definition:
34

j
AREA ALLOWED IN LOT 1
AREA COMPUTATION
DGE OF PRESCRIPTIVE
:RIGHTS EASEMENT
CENTERLINE
.PUBLIC STREET
OR ROAD
NORMAL LIMIT OF RIGHT-OF-WAY
IF OWNED FEE SIMPLE BY STATE
OR LOCAL GOV'T.
.Extraterritorial Jurisdiction. The Town has contracted for
the preparation of a base map covering areas on the mainland
within its one mile extraterritorial jurisdiction. This is
the first step in exercising this regulatory control. Once
the base map is completed, existing land use and proposed
zoning can be established. The recommended revisions to.the
zoning ordinance by this report were designed, in part, to
accommodate zoning requirements within the Town's one mile
jurisdiction. It is recommended that an'additional
residential district be created specifically for use on the
-mainland in the extraterritorial jurisdiction area as
follows:
"R-20, Single Family Residential District
The purpose of this district shall be to maintain a
minimum lot size of twenty thousand (20,000) square feet,
a single family dwelling density of approximately two (2)
families per acre; to allow for single family dwellings
and such other uses allowed as conditional uses which
would not interfere with single family residences in the
district and which would not be detrimental to the quiet
residential nature of the area included within the dis-
trict; and to prevent the development of blight and slum
conditions.
35

1. The Following Uses are Permitted:
a. .Single family dwellings
b. Churches and cemeteries
c. Public schools and private schools
d. Greenhouses and truck gardens which are in-
cidental to the residential use and conducted
on a non-profit basis only
e. Public utility distribution lines, transformer
stations, transmission lines and towers, water
tanks, but not service or storage yards
f. Customary accessory buildings
g. Single family mobile homes subject to the
exceptions set forth below:
1) a mobile home owner shall be required to -
obtain a building permit prior to the
installation_ of a mobile home on a private
lot
2) a mobile home owner shall be required to pay
the same fees for a building permit as applies
to any other single family structure
3) each mobile home shall be required to connect
into a separate individual approved septic
tank or approved sewage disposal system
4) each mobile home shall be attached to the
ground by an approved tie -down system to
include sand anchors and turn buckles cabled
to the structural frame at each of the four
(4) corners of the mobile home,
5) no building permit shall be issued for the
installation of a mobile home on a private
lot unless the mobile home was manufactured
according to U.S. Department of Housing
and Urban Development standards for mobile
homes as evidenced by a factory -affixed metal
plate attesting to same.
6) no mobile home having less than four hundred
(400) square feet of livable space shall be per-
mitted within this R-20 district
7) no mobile home without two (2) exit doors may
be installed or placed on any lot
36

8) each mobile home shall be placed on a found-
ation consisting of a minimum of ten (10)
pillars of concrete or similar blocks, five
(5) pillars to the side
9) no more than one mobile home shall be allowed
upon a residential lot
10) no mobile home shall be located upon a lot
with another single family unit which includes
a standard residential structure or another
mobile home
2. The following uses are conditional uses and may
permitted subject to a finding by the Board of Ad-
justment that any additional conditions listed will
be met:
a) home occupations
b) boathouse, dock and moorings
c) public buildings such as fire, police, etc.
3. Dimensional Requirements R-20
a) All lots shall be consistent with Ocean Hazard
and Estuarine Shoreline AEC standards for
development under C.A.M.A., if applicable „
b) Lot Area - Minimum Required: 20,000 square feet
c) Lot Width - Minimum Required: 100 feet
d) Front Yard - Minimum Required: 30 feet
e) Side Yard - Minimum Required: 15 feet
Side Yard abutting street:.25 feet
f) Rear Yard - Minimum Required: 25 feet
g) Building Height - No building shall exceed
three stories or 35 feet
h) Lot Coverage - the total ground area covered
by the principal building and all accessory
buildings including any roofed area shall not
exceed 35 percent of the total lot area
i) Accessory buildings may be located within ten
(10) feet of the rear lot line or seven and.
one half (7 1/2) feet of a side yard line
but shall not be placed within a required
front yard or side yard abutting a street.
37

Policy Regarding Density Calculations. Add the following
language to the ordinance to clearly spell out that allowable
densities are for "net acreage".
"The minimum lot sizes and corresponding maximum allow- ti
able densities prescribed by this ordinance shall be deter-
mined on the basis of net available acreage. Areas -intended
for -dedication to Surf City as street rights -of -way, drainage
ways, public alleys, etc. shall not be included in land area
for density calculations."
Minor Revisions to Clarify the Ordinance and Define Specific
Requirements.
Working Paper Number One recommended several minor
revisions to the zoning ordinance text to clarify require-
ments and administrative procedures. The following presents
recommended revisions in accordance with issues identified by
the working paper. Additional items identified by Working
Paper Number One have been addressed by the preceding recom-
mendations of this report.
Recommended revisions are as follows:
1) P. 48, Definition 27,e) Nonconforming Lot. Revise to
read: "A lot existing and properly recorded as a matter
of public record in the Pender County Register of -Deeds
Office as of effective date of this ordinance or any
amendment to it that does not meet the minimum area.or
lot width, requirements of the zoning district in•which
it is located."
2) Page 9, Section 3.3, 8. Extension or. Enlargement of
Non -Conforming Situations.
o Revise 3.3,8 by deleting "or totally", thereby making
it read: "...may be reconstructed or replaced.if partial-
ly destroyed, ..." -
o Revise 3.3,8 by inserting a new paragraph a):
"a) Such structure may be restored and occupany or use
allowed if that structure is destroyed or damaged by
not more than fifty (50) percent of -its actual replace-
ment value."
o Revise 3.3,8 a) to be b); b) to c); etc.
o Delete existing second paragraph of 3.3,-8,c "Except for
single family residential... ... before the destruction
occurred."
3) Page 14 - Section 4.4, R-5 M Residential Mobile Home
District. Revise the entirety of Section 4.4 to read
as follows:
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"4.4 R-5M Residential Mobile Home District
The R-5M Residential Mobile Home District is estab-
lished as a district in which the principal use of land is
for mobile homes and travel trailers. The regulations of
this district permit intensive development provided the neces-
sary public and/or community water and sewer systems are
available.
1. The following uses are permitted:
a) Mobile home parks and travel trailer parks in ac-
cordance with Section 6.0 of this Ordinance.
b) Campgrounds."
4) Page 32 Section 6.3 Current Ordinance Provision
for Mobile Home Parks
Revise 6.3, 2 to read as follows:
"2. Each mobile home lot or space shall be a minimum
of 3,500 square feet, net density shall not ex-
ceed 11 mobile homes per acre; and, the total lot
or space area occupied by structures shall not
exceed forty (40) percent."
5) Page 33, Section 6.6, Design Standards for Travel
Trailer Parks
Revise 646, 2 to read as follows:
"2. Each travel trailer space or lot shall be a mini-
mum of 2,000 square feet, net density shall not ex-
ceed twenty (20) travel trailers per acre; the
total lot.or space area occupied by.structures
shall not exceed forty (40) percent."
6) Page 31, Section 5.12, Accessory Building; revise to
read as follows: .
"Except as otherwise provided by this Ordinance, no
accessory building shall be erected in any required
yard and no accessory building shall be erected
within 5 feet of any principal structure or other
accessory building."
7) Page 39, Section 8.1 Amending the Ordinance.
Revise 8.1, 2, Application to require that applic-
ations be filed 18, 21 or however many days may be
required to meet advertising and administrative
requirements. The current 10 day requirement is
not adequate.
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8) Page 45, Section 11.4, Definitions
11.4, 7 District revise to read: "District, Zoning'