Zoning Ordinance-2003

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Zoning Ordinance
2003
Town of Surf City
P.O. Box 2475
Surf City, NC 28445
[phone] (9l0) 328-4132 Fax
Town Council
A D .Zander-, Guy,Mayor._'
Nelva Alb%—,'I�4ayor=Pro;;T m V ._
M chael'H Curley, Councilman & Liaison to�Plannmg Board
nnnalac t' Mf-dlin !`nnnrilmnn '+,..
Prepaid by:
O Cape Fear Council of Governments
1480 Harbour Drive
Wilmington, NC 28401
0 [phone] ♦ [phone] Fax
The preparation of this document was fmanced in part through a grant provided by the North
Carolina Coastal Management Program, through funds provided by the Coastal Zone
Management Act of 1972, as amended, which is administered by the office of Ocean and
0 Coastal Resources Management, National Oceanic and Atmospheric Administration.

SECTION
PAGE
Surf City
Zoning Ordinance Enactment and Preamble
7
1.0 Introduction
9
1.1.
Authority
9
1.2 -
Title
9
1.3
Purpose
9
1.4
Intent
.9
2.0 General Provisions
11
2.1
Introduction
11
2.2
Jurisdiction
11
2.3
The Town Planner
11
Z3.1 Zonin Permits
11
2.4
Application Of District Regulations
11
2.5
Only One Principal Building Permitted On One Lot
14
2.6
Provision For Official Zoning Map
14
2.7
Replacement Of Official Zoning Map
14
2.8
Rules For Interpretation Of District Boundaries
14
3.0 Definitions
17
3.1
General
17
3.2
Tense and Number
17
3.3
Word Interpretation
17
3.4
Definitions
17'
4.0 Establishment of Zoning Districts and Use Re uirements by District
39
- 4.1
Zoning Districts
39
4.2
Use Requirements By District-
39 -
4.3
R-5 Residential District -
40
4.4
R-5M Residential Manufactured Home District
41
4.5
R-10 Residential District
42
4.6
MHS Manufactured Home Subdivision
44
4.7
RA Rural Agricultural District
45
4.8
PUD Planned Unit Development District
46
4.9
0&1 Office And Institutional
52
4.10
NB Neighborhood Business
54
4.11
C-1 Central Business District
55
4.12
MU Mixed Use District
57
4.13
C-3 Extended (Entranceway) Commercial District
59
4.14
. G-1 Government District
60
4.15
CON Conservation District
61
4.16
Side Yard Setback Requirement
61
4.17
Accessory Building Setbacks
61
4.18
Table Of Uses
62
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4.19 Setback Chart
67
5.0 Supplemental
District Regulations
69
5.1
Off -Street Parking And Loading
69
5.1.1 Off -Street Parking Standards
69
5.1.2 Off -Street Loading
71
5.L3 Off -Street Parking Space Schedule
72
5.L4 O Street Parking Design
75
5.L5 Driveways
77
5.2
Fences
78
5.2.1 Residential Fences
78
5.2.2 Nonresidential Fences
78
5.3
Visibility At Intersections In Residential Districts
78
5.4
Exceptions To Height Regulations
78
5.5
Parking Storage Or Use Of Major Recreational Equipment
78
5.6
TV Dish Antenna
79
5.7
Landscaping And Tree Requirements
80
5.8
Foundation Survey
83
5.9
Stormwater Management Plan
83
5.10,
Outdoor Lighting
84
5.10.1 Outdoor Lighting Standards
84
5.10.2 E ectide Date
85
5.10.3 Prohibited Lighting
85
5.11
Mini -Storage Facilities
87
5.12
Sidewalks
87
5.13
Development Plan And Design Requirements
87
5.13.1 Development Plan Requirements And Procedures
87
5.13.2 Application AndApproval Process.In General
88
5.13.3 Effect Of Develo ment Plan Approval - Validity
89
5.13.4 As -Built Plans - Validity And Effect
89
5.13.5 Sketch Plan Requirements And Procedure
89
5.13.6 Development Plan Requirements And Procedure
90
5.13.7 : As Built Development Plan Requirements And Procedure
91
5.13.8 Design Requirements
94
5.13.9 Public Improvements
94
5.13.10 Private Improvements
94
5.14
Home Occu cation
95
5.15
Adult Establishments
95
5.16
Cruise/Excursion/Dinning Boats
96
6.0 Regulations For Signs
97
6.1 -
Regulations For Signs
97 .
6.2
Sign Dimension
97
6.3
Signs Permitted In All Districts
97
6.4
Estuarine Shoreline; Pier And Dock Signs To Be Seen From Water
98
6.5
Subdivision Signs
98
6.6
Commercial And Business Signs: Size Computations
99
6.7
Types Of Commercial Signs Permitted
99
6.8
Off -Site Signs
101
6.9
Prohibited Signs
101
6.10
Permits
102
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6.11
Annual Inspections
102
6.12
Unsafe Signs
102
6.13
Maintenance
102
6.14
Removal Of Unlawful Signs
102
6.15
Location Restriction
102
6.16
Height
102
6.17
Appeals
102
6.18
Provision Enforcement
103
6.19
Signs Permitted by District Chart
104
7.0 Nonconforming Situations
105
7.1
Continuation Of Nonconforming'Situations And Completion Of
Nonconforming Projects
105
7.2
Nonconforming Lots
105
7.3
Extension Or Enlargement Of Nonconforming Situations
105.
7.4
Change In Kind Of Nonconforming Use
107
7.5
Abandonment And Discontinuance Of Nonconforming Situations
107
7.6
Completion Of Nonconforming Projects
108
7.7
Nonconformity's, Created By Public Action
108
8.0 Conditional Use Districts
109
8.1
Purpose
109
8.2
Conditional Use District Classification
109
8.3
Application .
110
8.4
Uses and Development Requirements
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8.5
Review and A roval .
111
8.6
Effect of Approval
111
8.7
Alterations to Approved Conditional Use District
112
8.8
Failure to Comply
112
8.9
Conditional Use Permit Approval Process
112
8.9.1 Purpose
112
8.9.2 General
112
8.9.3 Application
-112
8.9.4. Additional Conditions
113
8.9.5 Action by Planning Board
113
8.9.6 Action by Town Council
113
8.9.7 Denial
114
8.9.8 Appeal
114
8.9.9 Permit Voidance
114 .
8.9.10 Modifications to Approved Plan
115
9.0 Manufactured Homes and Manufactured Home Parks
117
9.1
Manufactured Home
117
9.2
Manufactured or Mobile Home Park
119
9.3
Permits for Manufactured Home Parks Required
119
9.4
Payment of Fees
119
9.5
Manufactured Home Spaces
119
9.6
Setback Requirements
119
9.7
Manufactured Home Placement
120
9.8
Responsibility
120
9.9
Off -Street Parking Requirements
120
3.

9.10
Public Street Access
120
9.11
Internal Street Standards
120
9.12
Underpinning
121
9.13
Screening
121
9.14
Steps
121
9.15
Ground Maintenance
-121
9.16
Plan Requirements
121
9.17
Issuance of a Zoning Permit
122
9.18
Effects on Existing Manufactured Home Parks
123
9.19
Other Applicable Statutes and Requirements
123
9.20
Campgrounds
123
10.0 Establishment of Vested Rights
125
10.1
Establishment of a Vested Right
125
10.2
Approval Procedures and Approval Autbority
125
10.3
Duration of Vested Rights
125
10.4
Termination of Vested Rights
126
10.5
Miscellaneous Provisions -
127
10.6
Voluntary Annexation
127
10.7
Limited
127
10.8
Repealer
127
10.9
Effective Date
127
11.0 Administration and Enforcement
129
11.1
'Administration and Enforcement
129
11.2
Zofi ing Permit Required for New or Altered Uses
129
11.3
Temporary Zoning Permits
129
11.4
Construction and Use to be as Stated on Zoning Permits
129
11.5
Right of Appeal
130
11.6
Certificate of Occupancy
130
11.7
Duties of Town Planner, Board of Adjustment, Courts and Town
Council as to Matters of Appeal
130
11.8
Protest Vote Requirement
130
12.0 Amendments
131
12.1
Amending the Ordinance
131
12.2
Action by the Planning Board; Planning Board Consideration
131
12.3
Action by the Town Council; Notice and Public Hearings
131
12.4
Resubmission of a Denial Petition
132
13.0 Legal
Provisions v
133
13.1
Provisions of Ordinance Declared to be Minimum Requirements
133
13.2
Complaints Regarding Violations
133
13.3
Penalties for Violation (G.S. 160A-175)
133
13.4
Approval of Pender or Onslow County Board of Health
133
13.5
Separability and Non -liability
133
13.6
Effective Date
134
14.0 Board of Adjustment
135
- 14.1
Creating the Board of Adjustment
135
14.2
Meetings
135
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14.3
Filing and Notice for an Appeal
135
14.4
Powers and Duties
136
14.5
Appeal From the Board of Adjustment
136
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ZONING ORDINANCE
OF THE
TOWN OF SURF CITY, NORTH CAROLINA
ENACTMENT:
AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS FOR THE
TOWN OF SURF CITY, NORTH CAROLINA, AND PROVIDING FOR THE ADMINISTRATION
ENFORCEMENT, AND AMENDMENT THEREOF, IN ACCORDANCE WITH THE PROVISIONS
OF NORTH CAROLINA GENERAL STATUTES 160A, ARTICLE 19 PART 3 (160A-381) AND FOR
THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH.
PREAMBLE:
WHEREAS, the General Statutes of North Carolina empowers the' Town of Surf City.to enact a zoning
ordinance and to provide for its administration, enforcement, and amendment, and
WHEREAS, the town council deems it necessary for the purpose of promoting the health, safety, morals,
or general welfare of the town to enact such an ordinance, and
WHEREAS, the Town of Surf City's original zoning ordinance adopted March 2, 1965 and amended
various times, is outdated and is in need of a comprehensive revision and update, and
WHEREAS, the town council has contracted with the planning advisor to recommend the boundaries of
the various districts and appropriate regulations to be enforced therein, and
WHEREAS, the planning advisor has divided the town into districts and has prepared regulations
pertaining to such districts in accordance with the land use plan and designed to lessen congestion
throughout the town; to secure safety from fire, panic, and other dangers, to promote health and the
general welfare, to provide adequate light and air; to prevent the overcrowding of land; to avoid undue
concentration of population; to facilitate the adequate provision of transportation, water, sewerage,
schools, parks, and other.public requirements, and
WHEREAS, the planning advisor and town council have given reasonable consideration, among other
things, to the character, of the districts and their peculiar suitability for particular uses, with a view to
conserving the value of buildings and encouraging the most appropriate use. of land throughout the town,
and
WHEREAS, the town council has given due public notice of hearings relating to zoning districts,
regulations, and restrictions, and
WHEREAS, all requirements of the General Statutes of North Carolina, with regard to the preparation of
this revised ordinance and subsequent action of the town council have been met;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN OF SURF: CITY, NORTH
CAROLINA AS FOLLOWS:
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aSECTION
1.0 INTRODUCTION
a1.1
Authority.
This .ordinance is adopted under the authority granted by Charter 160A, Article 19, Part 3 of the North
Carolina General Statutes and amendments thereto. The town council of the Town of Surf City, North
-Carolina, does ordain as follows:
1.2 Title.
"Zoning
This ordinance shall be known as referred to and cited -as the Ordinance Surf City, North
Carolina" and hereinafter referred as the "ordinance."
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1.3 Purpose.
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The purpose of this ordinance is to promote the comfort, health, safety, morals, prosperity, aesthetics, and
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general welfare of Surf City, North Carolina.
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Intent.
It is the general intent of this ordinance.to:
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1) ` Regulate and restrict the use of all structures, lands, and waters within town limits of Surf City
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and its Extraterritorial Jurisdiction.
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2) Regulate and restrict lot coverage, population density and distribution,'and location and size of
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all structures within town limits of Surf City and its Extraterritorial Jurisdiction.
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3) Implement the town's land use plan, prepared in accordance with the Coastal Area Management
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Act (CAMA) of 1974 and adopted by the town so as to:
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Encourage continued development of the town as a family beach;
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b) Promote that quality of development which will offer the maximum reasonable enhancement
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of the natural and economic resources of the town; and
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Promote the safe and enjoyable utilization of the town's recreational resources.
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adopted by reference is the standards enumerated under these objectives as set out in the land use
plan prepared in accordance with CAMA.
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SECTION 2.0 GENERAL PROVISIONS
2.1 Introduction.
The proper regulation of the use of certain structures, lands, and waters, only through the use of the
zoning districts contained within this ordinance, is neither feasible nor adequate. Therefore, the following
restrictions and supplemental district. regulations, which shall be applied in addition to the district
regulation, are necessary to accomplish the intent of this ordinance.
2.2 - Jurisdiction.
The provision of this ordinance shall apply to all structures, land, water, and air within the jurisdiction of
Surf City, North Carolina. The jurisdiction shall include within the town limits and extraterritorial
jurisdiction.
(� 2.3 The Town Planner.
u The town planner or his designee shall accept all applications, issue or deny all zoning permits,
Q investigate all complaints, give notice of violations, and • enforce the provisions of -this ordinance. All
violations of this ordinance shall be reported to the town planner who shall bring action to enforce the.
provisions of this ordinance (see sections 11 & 13).
Access. The town planner and his designee shall have access to premises and structures during reasonable
n hours to make those inspections as deemed necessary by him to ensure compliance with this ordinance.
I 2.3.1 Zoning Permits.
�+ No new uses shall be established or a change of use and no structures shall be erected, enlarged, or placed
L� unless a zoning permit is applied for and issued by the town planner. The fee for such permits shall be set
L� from time to time by the town council..
(� 2.4 Application of District Regulations. _
The. regulations set -by this ordinance within each district shall be minimum regulations and shall apply
Quniformly to each class or kind of structure or land, except as hereinafter provided:
1) No building, structure, or land shall hereafter be used or occupied, and no building or structure or
part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered
except in conformity with all of the regulations herein specified for the district in which it is
located.
2) No building or other structure shall hereafter be erected or altered:
a) To exceed the height or bulk; .
b) To accommodate or house a greater number of families;
c) To occupy a greater percentage of lot area;
d) To have narrower or smaller rear yards, front yards, side yards, or other open spaces than
Oherein required, or in any other manner be contrary to the provisions of this ordinance.
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e) Notwithstanding paragraph d) above, if the town planner finds that any dimensional
requirement in this ordinance has not been specifically adhered to, but that such deviation
was a result of good faith error and that said error would not adversely affect an adjoining
property, he/she may permit a dimension deviation up to and including one -quarter (0.25)
foot (three (3) inches).
3) No part of a yard, or other open space required about or in connection with any building for the
purpose of complying with this ordinance, shall be included .as part of a yard, or open space
similarly required for any other building.
4) No .yard or lot existing at the time of passage of this ordinance shall be reduced in dimension or
area below the minimum requirements set forth herein. Yards or lots created after the effective
date of this ordinance shall meet at least the minimum requirements established by this ordinance.
Regulations for each district, shall be enforced and interpreted according to the following rules:
1) Permitted uses. Uses are permitted by right.
2) Conditional uses. Uses are permitted subject to the additional conditions imposed and
approved by the town council.
3) Accessory structures are permitted in all residential, commercial, and governmental zoning
districts only if a principal structure. has been constructed on the same lot. All accessory
structures shall maintain the same front yard set back as the principal structure for the district
in which they are constructed and meet all other requirements for accessory building setbacks
as listed in there primary zoning district. Uses accessory to residential developments shall not
involve the conduct of any business, trade, or industry except for home occupations as
defined herein. Residential uses accessory to agricultural, business, and industrial district uses
shall comply with all the provisions of the residential district.
4) Temporary uses, such as construction and real- estate field offices or storage buildings or
structures on construction sites, may be permitted by the town planner or his designee.
5) Minimum regulations. Regulations set forth by this ordinance shall be minimum regulations.
If the district requirements set forth in this ordinance are at variance with the regulations of
any other lawfully adopted rules, regulations, or other ordinance, the more restrictive or
higher standard shall govern.
6) Land covenants. Nothing in this ordinance shall modify_or repeal any deed restriction but no
such restrictions shall constitute a means for developing less than prescribed herein.

7) Density and minimum lot size. No building, structure : or land shall hereafter be used or
u occupied in excess of the prescribed density regulations for the zoning in which it is or will
be located. In all zoning districts except the PUD, planned unit development district, density
calculations and the establishment of minimum. lot size shall be on the basis of net acreage,
net available land, or usable lot or land area. For the purpose of calculating minimum lot area,
density or -dwelling units per acre, and maximum lot coverage under the terms of this
ordinance, each of the following provisions shall govern:
8 Only contiguous P conti ous areas held in fee simple title shall be calculated as to lot area.
9) Regardless of ownership via fee simple title, only lands above mean high sea level shall be
allowed in the calculation of lot. area. In the case of marshlands, areas that may be below
mean high sea level, but are legally fillable under all applicable state and federal regulations
may be allowed in such area calculations provided that written evidence of such is provided .
to the town planner.
a) In the case of lots fronting or abutting on public roads or streets which have no formally,
dedicated or acquired right-of-way, the yard or yards abutting such road shall be defined
as beginning at the edge of the prescriptive right-of-way or easement as may be
determined or established by state law. _
b) Areas proposed (or existing) for public dedication such as roads, easements, right-of-
way, parks, or other areas shall not be include_ d in the calculation of minimum lot size or
development areas.
n 10) Outside storage. No outside storage of household goods, furniture, bedding, appliances,
I I plumbing and electrical supplies or fixtures, shrubbery or tree cuttings, automobile or boat
u engines or spare parts, or any unsightly or hazardous materials shall be permitted in any
residential district. Storage of building materials in residential districts shall be limited to the
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rear yard, neatly stacked off the ground, and shall be limited to one hundred (100).square feet
of covered space, being no more than three (3) feet in height. No storage of the materials '
listed above shall be permitted in the C-1 .commercial district, the MU mixed uses district, the
C-3 commercial district; or any other district where such storage may be permitted unless said
materials are screened from public view by a wall, fence, screen, or other effective device
approved by the town planner and permitted by this ordinance.
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11) Truck trailers shall not be used for storage or sale of goods in any district, except as follows.
a) Truck sales shall be permitted as temporary uses as part of the operation of a business
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which has a fixed location with a building space at least equal to the trailer space.
Trailers used for truck sales must not obstruct required parking, loading areas, or
landscaping areas and must be promptly removed from the site except for the days of the
sale. Truck sales must take place on the same site as the business location, must obtain a
-zoning permit from the town, and must not exceed six (6) calendar days in a three-month
period.
b) Truck trailers may be used for temporary storage of materials. for construction or,
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remodeling, for a specific, limited period of time, under a temporary permit issued by
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designee.
the town planner or his d_ .
c) Truck trailers may be used for storage and distribution of emergency relief supplies and
related purposes in the event of a community disaster.
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2.5 Only One Principal Building Permitted on One Lot.'
No residential lot shall be occupied by more than one (1) principal building, except as provided for in the
PUD planned unit development district -residential zone. No part. of a yard, court or other open space
provided about any building or structure for the purpose of complying with the provisions of this
ordinance shall be included as a part of a yard or other open space required under this ordinance for
another building or structure. A residence shall always constitute a principal use.
2.6 Provision for Official Zoning Map.
The Town of Surf City is hereby divided into zones, or districts, as shown 'on the official zoning map
which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a
part of this ordinance. The official zoning map shall be identified by the signature of the mayor of the
town attested by the town clerk, and bearing the seal of the town. No changes of any nature shall be made
on the official zoning map or matter shall thereon except in conformity with the procedures set forth in
this ordinance. Regardless of the existence of copies of the official zoning map which may, from time to
time, be made or published, the official zoning map located in the town planner's ,office shall be the final
authority as to the current zoning status of land and water areas, buildings,' -and other structures in the
town.
2.7 Replacement of Official Zoning Map.
In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to, interpret
because of the nature or number of changes and additions the town council may, by resolution, adopt a
new official zoning map which shall supersede the prior official zoning map. The new zoning map may
correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall
have the effect of . amending the original official zoning .map. The new official zoning map shall be
identified by the signature of the mayor of the town attested by the town clerk, and bearing the seal of the
.town. Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map or
any significant parts thereof remaining, shall be preserved, together with all available records pertaining _
to its adoption or amendment.
2.8 Rules for Interpretation of District Boundaries:
Where uncertainty exists as to the boundaries of districts as shown on the, official zoning map, the
following rules shall apply:
1) Boundaries indicated as approximately following the centerlines of streets or highways, shall be
construed to follow such centerlines;
2) Boundaries indicated as, approximately following the. right-of-way of streets or highways, shall be
construed to follow such right-of-way;
3) Boundaries indicated as approximately following platted lot lines shall be construed as following
such'lot lines;
4) Boundaries indicated as approximately following town limits shall be construed as following such
town limits;
-5) Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in
the event of change in the shoreline shall be construed as moving with' the actual shoreline;
boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes,
or other bodies of water shall be construed to follow such centerlines;
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Where features variance
physical or cultural existing on the ground are at with those shown on the
official zoning map, or in other circumstances not covered by subsections one (1) through five (5)
Dabove,
the board of adjustment shall interpret the district boundaries.
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SECTION 3.0 DEFINITIONS
3.1 General.
For the purpose of this ordinance, certain terms or words used herein shall be interpreted as follows.
a3.2 Tense and Number.
1) The present tense includes the future tense and the future tense includes the present tense.
2) The singular number includes the plural number and the plural number includes the singular
number.
a3.3 Word Interpretation.
1) The word "may" is permissive.
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2) The words "shall" and "will" are mandatory.
3) The word "county" shall mean the County of Pender, NC or the County of Onslow, NC.
4) The words "zoning board, zoning commission, or planning commission" shall mean the Surf City
Planning Board.
5) The words "town council" shall mean town council of Surf City, N.C.
a6 The word "person" includes a firm, organization, partnership, trust company, or
corporation as well as an individual.
a 7 The words "used" or "occu ied" include the words intended, designed, or arranged to be
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used or occupied.
8) The word "he", "his", "him" shall be considered gender neutral.
a3.4. Definitions.
Abandon. To cease the regular use or maintenance of a lot, building, or structure.
aAbutting. Having common property boundaries or lot lines that are not separated by' a street, alley, or
other vehicular rights -of --way such as a utility easement.
Accessory structure. .A structure or. building incidental to the principal structure .on the same lot.
Accessory structures include, but are not limited . to, detached garages, .sheds, pool houses, material
storage areas, barns and workshops.
Adjacent. See Abutting.
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Adult Bookstore. Notwithstanding the definitions of "Adult Bookstore" contained in
G.S. 14-202.10 (1), "Adult Bookstore" means a business establishment that:
• has one of its rinci al business u oses the sale or rental of or
• has a substantial or significant portion or its stock or trade for sale or rental; or
• has "publications" that are distinguished .or characterized by their emphasis on matter depicting,
describing or relating to "specified anatomical areas: as defined in G.S. 147202.10 (10), or
"specified sexual activities", as defined in G.S. 14-202.10 (9).
• has "sexually oriented devices", as defined in G.S. 14-202.10 (9).
As used in this definition, "publications" include; by way of illustration, books, magazines, other
periodicals, movies, videotapes, and other products offered in photographic, electronic, magnetic, or other
Dimaging medium.
Ej In addition to all. other information available to the Town Planner in making a determination whether a
particular use is an "adult bookstore", any of the following shall be indicia that an establishment has as
Fj one of its principal business purposes the sale or rental of (i) "publications" that are distinguished or
characterized by their emphasis on matter depicting, describing or relating to "specific anatomical areas",
I as defined in G.S..14-202.10 (10), or "specified sexual activities", as defined in G.S. 14-202.10 (11);
and/or (ii) `.`sexually oriented devices" as defined in G.S. 14-202.10 (9);
NRestricted access to the business establishment or portions of the business establishment by
Ipersons under.16 years of age; and/or
T' • -Posted signs or notices outside and/or inside. the business establishment indicating that the
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material offered for sale or rental Imght be offensive; and/or
• The building or portion of the •building containing the business establishment does not have .
Owindows or has windows that are screened or otherwise obstructed or are situated in a manner
that restricts visual access from outside the building to materials displayed within for sale or
l r rental.
S Adult Establishment. Adult cabarets, adult bookstores, adult mini motion picture theaters, and all other D
places contained in G.S. 14-202.10.
Adult Mini Motion Picture Theater. Notwithstanding the definition of adult mini motion picture
theater contained in G.S. 14-202.10 (6), adult mini motion picture theater means an enclosed building
with one (1) or more viewing booths or partitioned areas designed to hold patrons for the presentation and
viewing of motion pictures (film, videotape, laser disc, CD-ROM or other imaging media), where:
• one of the principal business purposes is the presentation and viewing of motion pictures in the
viewing booths that;.or
• a substantial or significant portion of the stock of motion pictures available for viewing or that are
actually viewed in the viewing booths:
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are distinguished or characterized by their emphasis on matter depicting, describing, or relating to
"specified anatomical areas",'as defined in G.S. 14-202.10 (10) or "specified sexual activities" as defined
in G.S. 14-202.10 (11) and/or "sexually oriented devices", as defined in G.S.-14-202.10 (9).
In addition to all other information available to the Town Planner in making a determination whether a
particular use is an adult mini motion picture theater, any- of the following shall be indicia that an
establishment has as one of its principal business purposes the presentation and viewing in viewing
booths motion pictures that are distinguished or characterized by their emphasis on matter depicting,
describing, or relating to specified anatomical areas, as defined in G.S. 14.202.10 . (10), or specified
sexual activities as defined in G.S. 14-202.10 (11) and/or sexual oriented devices, as defined in G.S.
14.202.10 (9):
Restricted access to the business establishment or portions of the business establishment where
viewing booths are located by persons under sixteen (16) years of ages; and/or
• Posted signs or notices outside and/or inside the business establishment indicating that the
material offered for presentation and viewing in viewing booths might be offensive; and/or
• the portion of the building containing the viewing booths is screened or otherwise located or
situated in a manner that restricts or limits complete visual access to the booths from the primary
or principal clerk or cashier area.
Amusement, commercial outdoor. Any business establishment which is primarily engaged in providing
an amusement activity such as a miniature golf course, skateboard course, water slide, mechanical ride,
par 3 golf course, golf driving range, go cart or motorcycle course, fish ranch, or similar activity to the
general public.
Amusement, commercial indoor. Any business establishment which is primarily engaged in providing
an amusement activity such as a video arcade, billiard parlor, skating rink or similar activity as a principal
use to the general public, but does not include indoor motion picture theaters.
Areas of Environmental Concern (AEC). AEC's are areas of natural importance. It may be easily
destroyed by erosion or flooding, or it may have environmental, social, economic or aesthetic values that
make it valuable to the state..AEC's are the foundation of the Coastal Resource Commission's permitting
program for coastal development. "
Automotive repair. A building and its premises used for the storage, care, repair, or refinishing of motor
vehicles including both minor and major mechanical overhauling, paint and body work. Minor repairs
shall be limited to battery and tire changes, light and fuse replacement, wiper blade changes and similar
activities. Also referred to as vehicle repair.
Awning. A structure made of cloth, metal, or other material affixed to a building in such a manner that
the structure may be raised or retracted from a building to a flat position against the building, but not a
canopy. -
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Bed and Breakfast Inn. A use that takes place within a building that, prior to such an establishment, was
a single family residence, that consists of renting from one to eight dwelling rooms on a daily basis to
tourists, vacationers, and business travelers, where meals are provided only to guests. The homeowner
shall reside on site. and employment shall not exceed two full time employees in addition to the owner(s).
Buffer. (see Screening also) . A strip of land with natural or planted vegetation, located between a
structure or use and a side or rear property line, intended to spatially separate andvisually obstruct the
view of two adjacent land uses or properties from one another. A buffer area may include any required
screening for the site.
Buildable area. The portion of a lot remaining after required yards have been provided.
Building. A temporary or permanent structure having a roof supported by columns or walls and which
can be used for the shelter, housing, or enclosure of persons, animals, or goods.
Building height. Maximum of twelve (12) feet from the finish grade to the bottom of the bandlevel, not
to exceed forty-eight (48) feet.
Building inspector. The person, officer, and his authorized representatives, whom the town council have
designated as their agent for the administration and enforcement of the building code. .
Building Site. ("see Development also) An area of land or property where development is undertaken.
Built upon area. Built upon areas shall include that portion of a development project and/or lots that are
covered by impervious or partially impervious cover including buildings, pavement, gravel roads,
recreation facilities (tennis courts) etc. Wooden slatted decks and the water area of a swimming pool are
considered pervious.
Caliper. A standard trunk diameter measurement for trees. This measurement is taken six inches above
the ground for up to and including four inch caliper size, and twelve inches above the ground for larger
sizes.
Campground. Any, site or tract of land upon which are located the minimum number of travel trailer
spaces of land area required by this ordinance, regardless of whether or not a change is made for such
services.
Canopy. A permanent -structure, not enclosed and not retractable, attached or unattached to a building,
for the purpose of providing shelter to patrons or automobiles, oras a decorative feature on a building
wall.
Canopy Tree. Any large maturing tree which at maturity provides a crown width sufficient to shade a
minimum of one thousand two hundred (1,200) square feet. Some trees due to location on Topsail Island .
maybe unable to reach this size due to climate conditions.
Change of Use. The change in the use of a structure or land, for which a certificate of occupancy is
required. Change of use shall include a change from one use to another use in the list(s) of permitted
uses, and shall also include a change from one use to another use within any broad category of uses, such
as from one ,use listed in the commercial use category to another use_ s listed in the commercial use
category, as herein defined
Church. (see religious institution)
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Club, or private lodge. 'An incorporated or unincorporated association for civic, social, cultural,
religious, fraternal, literary, political, recreational, or like activities, operated on a nonprofit basis for the
benefit of its members and certified as a nonprofit organization by the Secretary of State of North
aCarolina.
Clinic, veterinary. A use or structure intended or used primarily for the,testing and treatment of the
physical disorders of animals; not principally used for the overnight boarding or grooming of animals; not
permitting outdoor cages, pens, or runs for the confinement of animals unless expressly permitted in the
district; ,and not used for the training of animals.
a Coastal Shorelines. Include all lands within seventy-five (75) feet of the normal high water level of
estuarine waters. This definition also includes lands within thirty (30) feet of the normal high water level
of public trust waters located inland of the dividing line between coastal fishing waters and inland fishing
a waters. Along Outstanding Resource Waters, this definition includes lands within five hundred seventy-
five (575) feet of the normal high water level.
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Coastal Wetlands. Any marsh in the CAMA regulated coastal counties that regularly or occasionally
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floods by lunar or wind tides, and that includes one or more of ten (10) plant species:
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• Spartina alternora: Salt Marsh (Smooth) Cord Grass
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• . Juncus roemerianus: Black Needlerush
• Salicornia spp.: Glasswort
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• Distichlis spicata: Salt (or Spike) Grass,
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• Limonium spp.: Sea Lavender
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• Scirpus spp.: Bulrush
• Cladium jaamaicense: Saw Grass
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• Typha spp.: Cattail.
• . Spartina patens: Salt Meadow Grass
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• Spartina cynosuroides: Salt Reed or Giant Cord Grass .
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Commercial Communication Tower. A tower facility, either roof or ground mounted, that includes, but
is limited
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not to, radio and television transmission towers or similar utilities, microwave towers, and
cellular telephone communication towers and similar structures for wireless communication. This term
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shall not include radio transmission facilities for use by ham radio operators or two way local radio
facilities for business or governmental purposes.
Conditional use. A use that would not be appropriate generally as a right without restriction throughout
a zoning district, but subject to a finding. by the town council that if controlled as to number, area,
a
location, or relation to neighborhood, would promote the public, health, safety, morals, or the -general
welfare.
Condominium. A unit in which the occupancy rights are individually owned (or for sale to individuals)
and in which the unit ownership does not include any land.
Copy. Any words, letters, .numbers, figures, characters, symbols, logos, or insignia that are used on a
sign display surface area.-
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Critical Root Zone. A circular region measured outward from a tree trunk representing the essential area
of the roots that must be maintained in order for the tree's survival. The critical root zone is one foot of
radial distance for every inch of tree DBH,.with a minimum of eight (8) feet. .
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Day Care Center. A location providing day care, as a principal use or an accessory use, provided on a
less than twenty-four (24) hour basis for any one client, -either children or adults, according to the
following limiting definitions:
• Child Day Care Center. An individual, agency, or organization providing supervision or care on
a regular basis for children who are not related by blood or marriage to, and who are not the legal
wards or foster children or, the supervising adults; usually serving more than ten (10) children at
a time; not an accessory to residential use.
• Adult Day Care Center. An individual, agency, or organization providing supervision or care on
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a regular basis; usually for more than six (6) adults in a place other than their usual place of
abode; not an accessory"to residential use.
• Day Care Home (Accessory Use). Day care provided on a less than twenty-four (24) hour basis
for either children or adults, according to the following limiting definitions:
• Child Day Care Home. Supervision or care provided on a regular basis as as accessory use
Within a principal residential dwelling unit, by a'resident of the dwelling for five (5) to ten (10) -
children who are not related by blood or marriage to, and who are not the legal wards or foster
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children -of the supervising adult.
• Adult Day Care Home. Care provided on a regular basis as an accessory use within a principal
residential dwelling unit, by a resident of the dwelling, for up to six (6) adults who do not reside
in the dwelling.
Developer. Any person seeking approval under these regulations for any form of development.
Development. The carrying out of any building activity, the making of any material change in the use or "
appearance of any structure or land, or the subdividing of land into two or more
parcels.
• The following activities or uses, shall be considered development:
➢ The reconstruction, alteration of the size, or material change in the external appearance of a
structure on land or water;
➢ A change in the intensity of use of land, such as an increase in the number of dwelling units
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in a structure or on land or a material increase ' in the number of businesses, manufacturing
establishments, offices, or dwelling units in a structure or on land;
➢ . Alteration of the shore or bank of a pond, lake, waterway, or ocean.
➢ Commencement of drilling (except to obtain soil samples), mining, or excavation on a parcel
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of land;
➢ Clearing of land, including clearing or removal of vegetation and including any significant
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disturbance of vegetation or soil manipulation; or
➢ . Deposit of refuse, solid, or liquid waste, or fill on a parcel of land.
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• Development includes all other activity customarily associated with it. When appropriate to the
context development refers to the act of developing or to the result of development. Reference to
any specific operation is not intended to mean that the operation or activity when part of other
operations or activities is. not development. Reference to particular operations is not intended to .
a ` limit the generality of this definition.
• . \ For the purposes of these -regulations the following operations or uses shall not be considered
a development; some may, however, require a building permit:
➢ Work involving the maintenance, renewal, improvement, or alteration of any structure, if the
work affects only the color or decoration of the exterior of the structure or interior alterations
that do not change the use for which the structure was constructed.
a ➢ Work involving the maintenance or replacement of existing landscaped areas and existing
rights -of -way;
➢ A change in use of land or structure from a use within a specified category of use to another
use in the same category;
➢ A change in the ownership or form of ownership of any parcel or structure;
➢ , The creation or termination of rights of access, .riparian rights, easements, covenants
a concerning development of land, or other rights in land unless otherwise specifically required
by law, or;
➢ The clearing of survey cuts or other paths of less than four (4) feet in width.
p Diameter at Breast Height (DBH). The tree trunk diameter measured in inches at a height of four and
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one-half (4 %z ). feet above the ground. Generally used for measuring existing trees.
aDistrict, zoning.. Any section of the Town of Surf City in which zoning regulations are uniform.
Drip.Line. An imaginary vertical line extending -from the outermost edge of the -tree canopy or shrub
�.. branch to the ground.
Dwelling, manufactured home. See manufactured home.
Dwelling, multiple -family. A residential building designed for or occupied by two (2) or more families,
with the number of families in residence not exceeding the number of dwelling units provided.
a
Dwelling, single-family. A detached residential dwelling unit other than a manufactured home, designed
for and occupied by one (1) family only.
a Dwelling, two-family .An attached residential building containing two 2 dwelling units
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designed for occupancy by not more than two (2) families.
Dwelling, unit. One (1) or more rooms together, constituting a separate, independent housekeeping
establishment for owner occupancy, or rental or lease on a weekly, .monthly, or longer basis, and
a physically separated from any other rooms or dwelling units which may be in the ,same structure, and
containing independent cooking and sleeping facilities.
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Estuarine and Ocean System AEC. The estuarine and ocean system is the coast's broad network of
brackish sounds, marshes and surrounding shores. Normally found where rivers and streams meet the
ocean, an estuary is a unique and important part of coastal life - a transitional area where fresh and salt _
water mix.
Estuarine Waters. State's oceans, sounds, tidal rivers and their tributaries, which stretch across coastal
North Carolina and link to the other parts of the estuarine system: public trust areas, coastal wetlands and
coastal shorelines.
Existing Lot of Record. A lot which is part of a subdivision, a plat of which has been recorded in the
office of the register of deeds prior to the adoption of this ordinance, or a lot described by metes and.
bounds, the description of which has been so recorded prior to the adoption of this ordinance.
Expenditure.. A sum of money paid out in return for some benefit or to fulfill some obligation.
Whenever the term is used hereafter, it also includes binding contractual commitments to make future
expenditures, as well as any other substantial changes in position.
Family. One (1) or more persons occupying a single dwelling unit, provided that unless all members are
related by blood or marriage, no such family shall contain over five (5) persons, but further provided that
domestic servants employed on the premises may be housed- on the premises without being counted as a
family or families.
Farm, bonafide. Any tract of land containing at least three acres which is used for dairying or for the
raising of agricultural products, forest products, livestock or poultry, and which may include facilities for
the sale of such products from the premises where produced. The definition of farm. and bona. fide farm
shall not include agricultural industries.
Flood (coastal). A temporary rise in ocean level, that results in inundation of .areas not ordinarily
covered by water.
Flood, regulation. The flood which is representative of large floods known to have occurred generally in
the area and reasonably characteristic of what can be expected to occur. The regulatory flood generally .
has a flood frequency of approximately one hundred (100) years as determined by the Federal Flood
Insurance Administration, FEMA.
Fraternity or sorority houses. A building occupied by and maintained exclusively for college or
.university students who are affiliated with a social honorary, or professional organization which is
chartered by a national fraternal or sororal order and which is so recognized by the college, university or -
other institution of higher education.
Full Cut-off Light. A light fixture that cuts off all upward transmission of light.
Gasoline service station. Any premises where gasoline and other petroleum products are sold and light
maintenance activities such as engine tune ups, lubrication, minor repairs, and carburetor, or cleaning may
be conducted, having no more than four (4) pumping stations and accommodating eight (8) cars. Service
stations shall not include premises where heavy automobiles maintenance activities such as engine
overhauls, automobile painting, and bodywork are conducted.
Glare. Discomfort experienced by an observer with adirect line of sight to a light source that often
results in visual impairment.
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Group Home. A residential home provided by an agency, organization, or individual for persons who
need sheltered living conditions, but not including persons who are dangerous to others as defined in G.S.
122C-3 (11) b, as amended. Group homes for up to six (6) persons are permitted in any district which
allows residential uses.
High Hazard Flood AEC. Covers lands subject to flooding, high waves and heavy water currents during
a major storm. These are the lands identified as coastal flood with velocity hazard, or "V zones," on flood
insurance rate maps prepared by the Federal Insurance Administration."
Home occupation. An occupation for gain or support conducted entirely within a dwelling and carried
on by the occupants. The use must be clearly incidental and secondary to the use of the dwelling for living
purposes. The use must not change the character thereof.
Hotel. A building containing more than four individual rooms for the purpose of providing overnight
lodging facilities to the general public for compensation, with or without meals, and which has common .
facilities for reservations and cleaning services, combined utilities, and on site management and reception
services.
Impervious Ground Cover. Any structure or ground cover consisting of asphalt, concrete, stone, brick,
terrazzo, roofing, ceramic tile or any other natural or man made material that prevents the absorption of
surface water into the soil:
Independent Living Facility. Congregate living facilities, such as rest homes and homes for the aged,
which are designed for older persons or disabled persons who do not require health and support services,
such as medical and nursing care, central dining, and transportation service; located on the site. Each
living unit may be self contained and is physically accessible to older or disabled persons. Distinguished
from apartment building(s) by the provision of some communal services.
Inlet Hazard AEC. Covers the lands next to ocean inlets. Inlet shorelines are especially vulnerable to
erosion and flooding and can shift suddenly and dramatically. The distance the inlet hazard AEC extends
inland is estimated to be large enough to encompass those lands where the inlet can be expected to
migrate. At a minimum, this distance is the same distance inland as the ocean erodible AEC. Inlet hazard
AEC's range. in width from about two hundred_ fifty (250) feet for a fairly stable inlet to about four
thousand (4,000) feet for the most dynamic inlets.
Interconnected. Refers to streets which provide -through access to other streets; interconnected street
systems may be either rectilinear ' or curvilinear. Also applies to commercial, driveways which allows
passage from one property to another without accessing the street.
Junk yard. Any land or area used, in whole or in part for commercial storage and/or sale of waste paper,
rags, scrap metal, or other junk, and including storage of scrapped motor vehicles and dismantling of such
vehicles or machinery.
Kennel, Commercial. A use or structure intended and used for the breeding or accommodation of small.
domestic animals for sale or for the training or overnight boarding of animals for persons other than the
owner of the lot, but not including a veterinary clinic in which the overnight boarding of animals is .
necessary for or accessory to the testing and medical treatment of the physical disorders of animals.
Kennel, Private. A structure used for the outdoor accommodation of small domestic animals and not
operated on a commercial basis.
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Land Disturbing Activity. Any use of the land by any person that results in a change in the natural
cover or topography and that may cause or contribute to sedimentation or soil compaction that affects the U
critical root zone.
Landscaping. The installation and maintenance, usually of a combination of trees, shrubs, plant D
materials, or other ground cover, including grass, mulch, decorative stone and similar materials, but
excluding bare soil, uncultivated vegetation, impervious pavement materials, and gravel. Any live plant D
material such as trees, shrubs, ground cover, and grass areas left in their natural state.
Light Manufacturing. The assembly, fabrication, or processing of goods and materials using processes
'that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the
building or lot where such assembly, fabrication, or processing takes place; where such processes are
housed entirely within a building; or where the area occupied by outdoor storage of goods and materials
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used in such processes do not exceed twenty-five (25) percent of the floor area of all buildings on the
property.
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Live/Work. An attached building type with small commercial enterprises on the ground floor and a
residential unit above.
Lot depth. The meanhorizontal distance between front and rear lot lines..
a
Lot frontage. The front of a lot shall be construed to be the portion nearest the street.
Lot of Record. A lot described by plat or metes and bounds which has been recorded in the office of the
register of deeds.
Lot Types:
• . Corner Lot. A lot located at the intersection of two or more streets, or abutting a curved street or
streets in such a way that the front building line.meets either side lot line at an interior angle of
less than one hundred thirty-five (135) degrees.
• Interior Lot. A lot other than a corner lot with frontage on only one (1) street.
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• Through Lot. A lot other than a corner lot with frontage on more than one (1) street.
• Lot. A parcel of land whose boundaries have been established by some legal instrument such as a
deed or a recorded map and which is recognized as a separate legal entity for purposes of transfer
of title. If a public road crosses a parcel of land otherwise characterized as a lot by this definition,
the land on each side of the public road shall constitute a separate lot.
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• Reverse Frontage Lot. Any lot oriented to an abutting street in such a way that the intersection of
the front -building line, extended, and the street right of way line form an interior angle of less -
than forty-five (45) degrees is defined as having reverse frontage relative to said street.
Manufactured Home Class A. A double -wide or multi -sectioned manufactured housing unit that meets
the U.S. Housing and Urban Development Department manufactured home construction standards and
adhere to the following appearance criteria:
a The main portion of the building shall have a length not exceeding four times its width. The
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minimum width shall be sixteen (16) feet.
•
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b) The pitch of the main roof of the building shall have a minimum rise of three (3) feet for each
twelve (12) feet of horizontal run. The roof shall be finished with a type of shingle that is
commonly used in residential construction. The eave projection shall be no less than six (6)
inches, which may include a gutter.
c) The exterior siding shall consist predominantly of vinyl or aluminum lap siding (whose
Q reflectivity does not exceed that of flat white paint), wood or hardboard, comparable in
composition, appearance and durability to the exterior siding commonly used in residential
construction.
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d) All Class A manufactured homes shall be placed on brick, concrete block, or other masonry
foundation. The foundation shall be continuous and unpierced except for ventilation as required
by the state of North Carolina Regulations for Manufactured/ Mobile Homes.
e) Class A manufactured homes shall have either a deck or a porch with steps. This structure shall
be located in the front of the home. The minimum square footage shall measure at least thirty-six
(36) square feet. If the homeowner chooses to construct the deck or porch larger than thirty-six
(36) square feet, it must meet Volume VII of the North Carolina Residential Building Code and
the North Carolina Regulations for Manufactured/Mobile Homes.
f) The towing apparatus and tongue shall be removed upon final placement of the unit and the unit
must be underskirted or screened with shrubbery. Such shrubbery shall be of a height and density
to assure a total visual barrier of the original location of the towing apparatus and maintained to
continue its effectiveness. All items removed from the unit such as the towing apparatus and
tongue shall be removed from the lot or contained within an enclosed building.
Manufactured Home Class B. A single -wide manufactured housing unit that meets the U.S.
Department of Housing and Urban Development manufactured home construction standards and also
meets the following appearance criteria:
a) Roof pitch is at least a three (3) foot rise for every twelve (12) feet of horizontal run. The roof
shall be finished with a type of shingle that is commonly used in residential construction.
b) The exterior siding shall consist predominantly of vinyl or aluminum lap siding (whose
reflectivity does not exceed that of flat white paint), wood or hardboard, comparable in
composition, appearance and durability to the exterior siding commonly used in standard
residential construction.
c) Class B manufactured homes must be underpinned. This underpinning may consist of vinyl or
masonite materials manufactured for that purpose OR the home may be placed on a permanent
foundation of masonry materials such as brick, block or stone.
d) A deck or porch of at least thirty-six (36) square feet in size must be located on the front of the
home.
e) Towing apparatus and tongue to be removed or screened with landscaping.
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Manufactured Home Class C. Double -wide manufactured housing unit existing in the Town of Surf
City prior to adoption of this ordinance, that meets the U.S. Department of Housing and Urban
Development manufactured home construction standards, but does not meet the town's appearance
criteria. Such manufactured homes may only be relocated to manufactured home parks or on lots of
record in the RA and R-5M Districts in existence prior to adoption of this ordinance. At that time, the
home must be underpinned with either masonry materials or other products manufactured expressly for
the purpose of underpinning and installed in accordance with the manufacturer's specifications.
Manufactured Home Class D. Single -wide manufactured housing unit existing in the Town of Surf
City prior to adoption of this ordinance, that meets the U.S. Department of Housing and Urban
Development manufactured home construction standards, but does not meet the town's appearance
criteria. Such manufactured homes may only be relocated to manufactured home parks or lots of record
in the RA and R5M District in existence prior to adoption of this ordinance. At that time, the home must
be underpinned with either masonry materials or other products manufactured expressly for the purpose
of underpinning and installed in accordance with the manufacturer's specification.
Manufactured Home Class E. Any manufactured housing unit that does not meet the Town of Surf City
appearance criteria or the U.S. Department of Housing and Urban Development manufactured home
construction standards. Class E manufactured will not be permitted in the town after adoption of this
ordinance. Homes existing in the town's jurisdiction prior to adoption of this ordinance, will be allowed
to remain at their current location as nonconformity's, but may not be relocated anywhere in the town's
jurisdiction.
Manufactured Home Parr Any site or parcel of land under single ownership where land is rented and
utilities are provided for the installation or placement of manufactured homes.
Marina, Commercial. A facility for the wet or dry storage, launching and mooring of boats, together
will all accessory structures and uses.
Massage Therapy. Health massage or bodywork therapy, performed by a practitioner with credentials
in one of the following ways:
• Having a diploma or certificate from an institute or school of health massage, which has been
accredited by either the American Massage Therapists Association, the National Therapists
Association, or from an accredited college or university, school of education for massage therapy;
or
• Providing verification and documentation of at least five hundred (500) hours of experience in the
practice of health massage/bodywork therapy and three letters of reference from state licensed
health care professionals or licensed therapists on their professional letterhead.
Mean Sea Level. The National Geodetic Vertical Datum (NGVD) of 1929, or other datum, to which
base flood elevations shown on the Flood Insurance Maps for Pender and Onslow County are referenced.
Modular Home. A dwelling unit which is constructed in compliance with the State Building Code and
composed of components substantially assembled in an off site manufacturing plant and transported to the -
building site for final assembly on a permanent foundation.
Mooring or Float. An object or structure secured in the water, such as by cables, lines, chains, or
anchors, and intended or used for securing one or more boats in the water.
Motel. See hotel.
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a Nightclub. Any commercial establishment serving alcoholic beverages and/or providing entertainment
for patrons, including but not limited to bars, lounges, taverns, cabarets, and similar establishments.
Nonconformity.
• Nonconforming situation. A situation that occurs when, on the effective date of this
ordinance or any amendment 'to it, an existing lot or structure or use of existing lot or
a structure does not conform to one (1) or more of the regulations applicable to the district in
which the lot or structure is located. Among other possibilities, a nonconforming situation
may arise because a lot does not meet minimum acreage requirements, because structures do
anot satisfy maximum height or minimum floor space limitations because the relationship
between existing buildings and the land (in such matters as density and setback requirements)
is not in conformity with the ordinance, or because land or buildings are used for purposes
made unlawful by the ordinance.
• Nonconforming use. A nonconforming situation that occurs when property is used for a
purpose or in a manner made unlawful by the use regulations applicable to the district in
a which the property is located. (For example, a commercial office building in a residential
district may be a nonconforming use.) The term also refers to the activity that constitutes the
use made of the property. (For example, all the activity associated with running a bakery in a
u residentially zoned area is a nonconforming use.)
• Dimensional nonconformity. A nonconforming situation that occurs when the height, size, or
minimum floor space of a structure or the relationship between an existing building or
buildings and other buildings or lot lines does not conform to the regulations applicable to the
district in which the property is located.
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Nonconforming lot. A lot existing and properly recorded as a matter of public record in the
Pender or Onslow 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. .
allonconforming project: Any structure, development, or undertaking that is incomplete at the
effective date of this ordinance and would be inconsistent with any regulation to the district in
which. it is located if completed as proposed or planned.
allon -Cut-off Light. A light fixture which does not cut-off all upward transmission of light.
Nursing Home, Rest Home, Convalescent Home or Home- for the Aged.` A facility or housing
development in which an agency, organization, or individual provides care for three (3) or more sick,
handicapped, and/or aged persons, not related by blood or marriage to the operator. Such congregate care .
facilities are classified as "Dependent Living Facilities" or "Independent Living Facilitates" depending
upon the degree of support services on site.
Ocean Erodible AEC. Covers North Carolina's beaches and any.other oceanfront lands that are subject
to long-term erosion and significant shoreline changes. The seaward boundary of this AEC is the mean
low water line. The landward limit of the AEC is measured from the first line of stable natural vegetation
and is determined by adding:
O a distance equal to six ty (60) times the long-term,
rm, average annual erosion rate from that stretch of
shoreline to the distance of erosion expected during a major storm.
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The width of the AEC varies from about one hundred forty-five (145) feet to more than seven hundred
(700) feet.
Off Street Parking. Parking of vehicles which occurs on a lot and not on a street or other public -right of
way.
Office. A use or structure in which business or professional services are conducted or rendered.
Open Space. Any area which is not divided into private or civic building lots, streets, rights of way,
parking, or easements. In the low impact subdivision, open space may also include portions of private
building lots subject to a permanent open space easement. Urban open space assumes one or more of the
forms detailed in subdivision ordinance, and may contain recreation equipment and amenities as
indicated. Rural open space is site specific in its designation.
Ordinance. This ordinance, including any amendments. Whenever the effective date of the ordinance is
T referred to, the reference includes the effective date of any amendment to it. ' -
E Outdoor Lighting. Any light source that is installed or mounted outside of an enclosed building, but not
including street lights installed or maintained along public or private streets.
FOutdoor Recreation. Swimming pools, tennis courts, ball fields, and ball courts which are not enclosed
T in buildings and are operated on a commercial or membership basis primarily for the use of persons who
do not reside on the same lot as that on which the recreational use is located.. Outdoor recreation shall .
�T include any accessory uses, such as snack bars, pro shops, and club houses which are designed and
l intended primarily for the use of patrons of the principal recreational use.
IOut Parcel. A parcel of land associated with a shopping center or multi tenant development, which is
m designated on an approved site plan as a location for a free standing structure with an intended use such
1 as, but not limited to, banks, savings and loans} dry cleaners, service stations, offices, restaurants, retail
T establishments, or combination of uses thereof, and adjoins the shopping center or multi tenant
1 development, or the parking and service drives associated with it on any side adjacent to a public right of
way.
N Owner. Any full or part owner, joint owner tenant in common, tenant in partnership, joint tenant or
tenant by the entirety with legal title to the whole or to part of a structure or parcel of land.
Parking space, off-street. For the purposes of this ordinance, an off-street parking space shall consist of
a space adequate for parking an automobile with room for opening doors in both sides, together with
properly related access to a public street or alley and maneuvering room.
Person. An individual, corporation, governmental agency, business trust, estate trust, partnership,
association, two (2) or more persons having a joint or common interest, or any other legal entity.
Pier. A structure extending into or along the water for use as a landing place for boats or as a promenade.
Planning Board. The Town of Surf City Planning Board, established by ordinance in accordance with
.N.C.G.S. 160A-361 and 160A-362.

a
a Planned unit development. Land under unified control which is planned and developed as a whole in a
single development 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 comprehensive and detailed sites and the like,
a but also site plans, floor plans, and elevations 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 provisions for the operation and maintenance of
a, 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.
aPlanting Strip. The area of land along the front property line parallel to the outside of the right-of-way
reserved for tree planting and landscaping.
aPrincipal building or structure. A building or structure containing the principal use of the lot. .
aPrincipal use. The primary purpose or function that a lot serves or is proposed to serve.
Project Area. Any area of land. and/or water, regardless of the number of individual parcels contained
atherein, on which development is proposed under these regulations. .
Public Oriented Recreational Facilities. For either passive or active recreational uses used by groups
such as youth, families, civic groups, etc. Examples of public oriented recreational facilities may include
Boys and Girls clubs, YMCA's and Boy/Girl Scouts.
Public Trust Areas. Coastal waters and submerged lands that every person has the right to use for
aactivities such as boating, swimming or fishing. These areas often overlap with estuarine waters, but also
include many inland fishing waters. The following lands and waters are considered public -trusts areas:
a • all waters of the Atlantic Ocean and the lands underneath, from the normal high water mark on
shore to the state's. official boundary three miles offshore;
all navigable natural water bodies and the lands underneath, to the normal high watermark on
shore (a body of water is considered navigable if you can float a canoe in it). This does not
include privately owned lakes where the public doesn't have access rights;
a•
in bodies fishing
all water artificially created water that have significant public resources and are
accessible to the public from other waters; and
• in bodies the has by
all waters artificially. created water where public acquired rights prescription,
custom, usage, dedication or any other means.
ORedevelopment. The demolition and reconstruction of a building or structure or a portion of a building
n' or structure.
UReligious Institution. A church, synagogue, temple, mosque, or other place of religious worship,
including any customary accessory uses or structure, such as a school, day care center, cemetery or
residential dwelling located on the same lot.
0 Residential Use. Any detached, duplex, triplex, quadriplex, attached or multifamily dwelling,
manufactured home, mobile home, group home for up to six clients, limited residence boarding house or
Ddormitory.
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Restaurant. A building or operation, the purpose of which is to accommodate the consumption of food
and beverages.
Retail Establishments. A building, property, or activity the principal use or purpose of which is the sale
of goods, products, or merchandise directly to the consumer.
School. Institutions that provide a place of academic learning. Publicly owned or privately owned
preschools, elementary schools, middle schools, junior high schools, vocational schools, and high
schools; but not including institutions the primary function of- which is day, care. Schools include
customary accessory uses such as recreational facilities, cafeterias, and auditoriums.
Screening._ A fence, wall, hedge, landscaping, buffer area or any combination of these provided to create
a visual separation between certain land uses. A screen may be located on the property line or elsewhere
on the site, as determined by the use to be screened.
Services. Occupation contributing to the welfare of others which is useful labor that does not produce a
tangible commodity.
Setback line. The line on the front, rear, and sides of a lot, which delineates the area upon which a
structure may be built and maintained.
Shelter, fallout. A structure or portion of a structure that provides protection to human life during
periods of danger from nuclear fallout, air raids, storms, or other emergencies.
Shopping center. Two (2) or more commercial establishments planned and constructed as a single unit
with off street parking and loading facilities. provided on the property and related in location, size, and
type to shops to the trade area which the unit serves.
Sign. For the purpose of the sign regulations, the following definitions are provided:
• Building roof line: That point at which a structure's walls and its roof are attached.
• Building roof peak: The highest or uppermost point of a structure's roof. A structure's roof shall
be the building's primary structure for.providing weather protection on the top of the building
and shall not include any secondary or cosmetic structures or additions which are not integral to
the purpose of the primary roof structure.
• Business establishment: Any establishment doing business.under a common ownership and/or
individual control.
• Commercial structure: Any structure or freestanding commercial building which may contain
any number of business establishments having a common roof or a facade.
• Estuarine shoreline: Any water shoreline which is especially vulnerable to erosion, flooding or
other adverse effects of wind and water.
• Licensee: The person holding a license or written permission for some specific purpose.
• Decoration: A three dimensional object that does not depict anything sold by the business, that
is attached to any side of a building and not on a roof. -
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• Signs: Any words, lettering, numerals, parts of letters or numerals, figures, phrases, sentences,
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emblems, devices, decoration, designs, trade names, registered trade marks, banners, insignia or
other representation used as a means to designate or attract attention to an individual, a firm, an
association, a corporation, a profession, a business, a commodity or product which are exposed
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to the public view, and used to attract attention. A sign may also consist of sources of
illumination, unmarked pennants, streamers, or any other device that are displayed to draw
attention to a charitable, residential, institutional, commercial or industrial establishment or
a
activity. Excluding merchant wares, streamers used for holiday and festival celebrations are
excluded.
a
➢ Attached sign: Any sign painted or affixed to the face of the outside wall or roof of any
building and supported throughout by such wall or roof.
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➢ Banner sign: Any sign having the characters, letters, or illustrations, or ornamentation
applied to cloth, paper, plastic, or fabric, including pennants and wind operated devices.
a
➢ Bare bulb lighted sign: A sign illuminated through the use of exposed light bulbs which are
incorporated as an integral part of said sign..
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➢ Construction. sign: Any sign identifying on -site construction and any future development to
occur on the property on which.the sign is located
➢ Directional sign: Any sign for public direction or information containing no advertising or
commercial identification of any product or service.
➢. Double-faced sign: A sign with two (2) parallel or nearly parallel faces back to back and
located not more than twenty-four (24) inches from each other are considered as one (1)
sign.
➢ Entrance sign: Any sign identifying a subdivision or other large development and located at
the major entrance point or points to such development.
➢ Flashing sign: Any sign which contains or uses for illumination any lights or lighting
device or devices which change color, flash, or alternate, shows movement or motion, or
changes the appearance of said sign or any part thereof automatically.
➢ Freestanding sign: Any single,. double faced, or cube sign advertising on -site sale of
products or services. Such signs are not attached to or painted . on a building but are
permanently affixed to the ground.
➢ Indirectly illuminated sign: A sign illuminated by an external light source.
Internally illuminated sign: A sign where the light source is concealed within the sign
visible through a translucent surface.
➢ Itinerant merchant sign: A sign purchased, by a merchant, other than a merchant with -an
established retail store in the town, who transports an inventory of goods to . a building,
vacant lot, or other_ location in the town, and who, at that location, displays the goods for
sale at retail for less than six (6) consecutive months.
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➢
Marquee sign: A projecting sign attached to or hung from a canopy or covered structure
projecting -from and supported by a building.
➢
Neon lighted sign: A sign illuminated by a glass tube usually with bright colors bent into
forms to produce letters, symbols, and other shapes.
➢
Off -site sign: Any sign advertising a product or service, which product or service is not
available for sale or performance at the place where the sign is located.
➢
Portable sign: Any sign which is not securely and permanently attached to the ground or
building.
D➢
Projecting sign: An outdoor advertising display sign affixed to any building wall or
structure and extending beyond the building wall, structure, building line, or property line
Emore
than six (6) inches.
➢
Real estate sign: Any sign advertising real estate for sale or rent.
I➢
Roof sign: Any outdoor advertising display sign erected, constructed, or maintained above
the roof of any building.
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Sandwich Board or "A " Frame sign: A small eight (8) sq. ft. movable A frame sign which
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is removed at the end of the day.
➢
Shingle sign: Any sign erected perpendicular to the front wall of a building attached to the
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wall or the underside of any overhang connected to and supported by the wall.
O➢
Temporary sign: Any non -permanent sign, banner, placard, decorations or the like,
constructed of light materials for the promotion of commercial enterprises, political signs, or
Nevents.
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➢
Time and temperature indicator: Those electronic signs which periodically indicate time
and/or temperature changes only.
➢
Wall sign: Any sign that shall be.affixed flat to the wall or extend no more than six (6)
inches from the wall of any building.
Sign, Principal. A sign which directs attention to a business, commodity, services, entertainment or
other activity, conducted, sold or offered exclusively on the premises upon which said sign is located.
Sign, Outdoor Advertising.. Any sign either freestanding or attached to a structure which directs
attention to a business, commodity, services, entertainment or other activity conducted, sold or offered
elsewhere than on the premises on which said sign is located.
Signs, Surface Area of. The surface area of a sign shall be computed as including the entire area within
a regular geometric form of combinations of regular geometric forms comprising all of the display area of
the sign and including all of the elements of the matter displayed. Frames and structural members not
bearing advertising matter shall not be included in computation of surface area.
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Sign, Temporary. A sign permitted for a period not exceeding twelve (12) months including for sale, for
rent, construction company's name, subcontractor's names, architect's and planner's names.
Q Storage, Outdoor. All goods and materials not returned to an fully enclosed building at the end of each
business day, regardless of whether such goods or materials are kept on the premises for retail sale,
wholesale sale, storage, or use by a business on or off the lot. (To be classified as goods for sale and
therefore exempt from regulation as outdoor storage, items must be placed with a fully enclosed building
aat the end of each business day). Up to two storage trailers placed on a single lot or in conjunction with a
single principal use.' All items awaiting or in process of repair except customary passenger vehicles
awaiting repair which are not visibly damaged or are not used or intended to be used as "parts" vehicles
a(rather than being consider outdoor storage, such vehicles may await repair in any conforming off street
parking lot associated with the principal use). Vehicles with more than two (2) axles, boats,
manufactured homes, and trailers of tractor trailers awaiting or in the process of repair. Does not include
construction equipment, where permitted, outdoor storage of construction equipment is regulated.
_ Stores. Business establishments where usual diversified goods are kept for retail sale.
aStreet Line. The right-of-way boundary of a street.
a Street, Private. An interior circulation road designed and constructed to carry vehicular traffic from
public streets within or adjoining a site to parking and service areas; it is not maintained nor intended to
be maintained by the public.
aStreet, Public. Aright of way or fee simple tract of land which has been set aside for public travel,
dedicated to the public by the recording of a subdivision plat, built to public street standards, and accepted
for maintenance by -either the Town of Surf City or the State of North Carolina.
Street Right -of --Way. Street Right of Way shall mean any public right of way set aside for public travel
which is accepted or eligible to be accepted for maintenance by the State of North Carolina or the Town
of Surf City if so authorized; or has been dedicated for public travel by the recording of a plat or a
subdivision which has been approved or is subsequently approved by the Town; or has otherwise been
established as a public street prior to the adoption of this ordinance.
Structure. Anything constructed or, erected with a fixed location on the ground or attached to something
having a fixed location on the ground. The connection of two (2) buildings by means of an open porch,
breezeway, carport, or any other. structure with or without a roof shall not be deemed to make them one
building.
Subdivider. Any person, firm or corporation who subdivides or develops any land deemed to be a
a subdivision as defined in the.Subdivision Ordinance of the Town of Surf City.
Substantial Improvement. Any repair, reconstruction, expansion, or improvement of a structure, the
cost of which exceeds fifty (50) percent of the assessed value of a structure as determined either before
the expansion or improvement begins or. before the damage occurred giving rise to the repair or
reconstruction. Substantial improvement shall not include, however, any repair or improvement required
U to bring the structure into compliance with existing state or town health, sanitary, safety, or building code
U specifications necessary to ensure safe habitation of the structure.
Temporary Structure. A building placed on a lot for a specific purpose which is to be removed within a
specified time period. Examples of temporary structures are monitoring station, mobile class room,
construction trailer, and produce stand..
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Town Attorney. The attorney for the Town of Surf City, duly retained by the Town Council of the Town
of Surf City.
Townhouse. A single-family dwelling located on a lot, forming one (1) 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 walls from basement to roof and
having roofs which may extend from one (1) such dwelling unit to another.
Town Council. The elected governing body of the Town of Surf City
Town Manager. The top administrative person responsible for the day to day operations of the Town of
Surf City.. -
Town Planner. The appointed person responsible for the administration and enforcement of this
ordinance. Town Planner may also be his designee.
Tract. A tract is a piece of land whose boundaries have been described or delineated by a legal
instrument or map recorded in the office of the register of deeds.
Travel Trailer. A wheeled vehicular portable structure built on a chassis, designed to be used as a
temporary dwelling for, travel and/or recreational purposes, having a body width not exceeding eight (8)
feet. This is also intended to include structures mounted on auto or truck bodies that are referred to as
campers.
Travel Trailer Lot. A plot of land within a travel trailer park designed for the accommodation of one (1)
travel trailer.
TV Dish Antenna. Earth satellite receiving stations, hereafter called dish, TV dish, or dish antennas, are
dish -shaped structures and located as to receive electromagnetic signals from space,satellites.
University, College, and Junior College. A use, whether privately owned or publicly owned, providing
academic education beyond the high school level.
Variance. A variance is a dispensation of the terms of the zoning ordinance where such variance will riot
be contrary -to the public interest and where, owing to conditions peculiar to the property and not the
result of the action of the applicant, a literal enforcement of the ordinance would result in unnecessary and
undue hardship. As used in this ordinance, a variance is authorized only for height, area, and size of
structure or size of yards and open spaces; establishment or expansion of use otherwise prohibited shall
not be allowed -by variance nor shall a variance be granted because of the presence of nonconformity in
the zoning district or uses in an adjoining zoning district..
Vested Rights.. The right of an owner of property to undertake and complete the development and use of
property under the terms and conditions of an approved site specific development plan or phased
development plan.
• Approval authority: In the case of applications for establishment of vested rights with respect to,
proposed subdivisions pursuant to the subdivision ordinance, the approval authority shall be the
town council. In the case of all other applications for establishment of vested rights, the approval
authority shall be the town council.
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• Owner: Any owner of a legal or equitable interest in real property, including heirs, devisees,
successors and assigns, having a vested estate, and the agent or personal representative of such
owner._ For purposes of this article, owner shall include a person holding a valid and recorded
option to purchase the real. property with respect to.which he seeks to establish a vested right.
• - Site. Specifcc Development Plan: A plan that has been submitted to the town. by an owner,
describing with reasonable specificity the type and intensity of use for a specific parcel or parcels
of property. At a minimum, such plan must include the approximate boundaries of the site;
significant topographic and other natural features affecting development of the site; approximate
location on the site of proposed buildings, structures and other improvements; approximate
dimensions, including height, of the proposed buildings,and other structures; and the approximate
location of all existing and proposed infrastructure on the site, including water, sewer, roads, and
pedestrian walkways. _ Included within this definition are plans submitted pursuant to the
following specific provisions, and meeting the requirements specified therein: 1) site plan review,
2) preliminary subdivision plan, 3) conditional use permit, 4) Any areas.of environmental concern
(AEC'S) as designated by the N.C. CAMA which are present or adjacent to the site.
Notwithstanding the foregoing, no document that fails to describe the type and intensity of use for
a specified parcel or parcels with sufficient particularity to allow a determination to be made as to
whether, the proposed case meets current zoning standards shall constitute a site specific
development plan.
Vocational School. A use, whether.privately owned or publicly owned, that trains persons in specific
trades or occupations such as boat building, mechanics, computers, or similar skills.
Water Dependent Structures. Those structures for which the use requires access or proximity to or
sitting .within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks, piers,
bulkheads, and similar structures.. Ancillary facilities such as restaurants, outlets for boat supplies,
parking lots, and commercial boat storage areas are not water dependent structures.
Yard. A required open space unoccupied and unobstructed by a structure or portion of a structure,
provided however that fences, walls, poles, posts, other customary yard accessories, yard ornaments, and
yard furniture, and normal roof overhangs. (not exceeding two (2) feet) may be permitted in any yard
subject to height limitations and requirements limiting obstruction of visibility or movement..
Yard, Front. An area extending between side lot lines across the front of a lot adjoining a street. Depth
of required front yards shall be measured at right angles to a straight line joining the foremost point of the
side lot lines at which the lot meets the normal minimum lot width required by the ordinance. In the case
of. lots with rounded property corners at street intersections, the foremost point of the lot lines shall be.
assumed to be the point at which the side and front lines would have met without such rounding.
Yard, Rear. An area extending across the full width of the lot and lying between the rear lot line and a
line parallel thereto at a distance therefrom as required in the applicable district.
Yard, Side. An area extending along the length of the lot between the required front yard and the
required rear yard, and between the side lot line and a line parallel thereto and a distance therefrom as
required in the various districts:
Yard, Corner Side. An Area extending the length of the lot between the required front yard and required
rear yard, and between the side street lot line and a line thereto and a distance therefrom as required in the
various districts.
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Zoning Permit. A written warrant as described in section 11 issued by the town planner authorizing the
D
particular use of activity. A building permit is a written warrant issued by the building inspector
authorizing construction, renovation or demolition.
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SECTION 4.0 ESTABLISHMENT OF ZONING DISTRICTS AND
(J
USE REQUIREMENTS BY DISTRICT
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4.1 Zoning Districts..
aFor
the purposes of this ordinance the Town of Surf City is hereby divided into the following, use
districts:
a
1) R-5 residential district
Z
a-
2) R-5M residential manufactured home district
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3) R-10 residential district
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a4)
MHS manufactured home subdivision
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a5)
RA rural agricultural district
6) PUD planned development district -residential
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7) O&I office and institutional
a9)
8) NB neighborhood business
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C-1 central business district
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a.10)
MU mixed use district
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11) C-3 extended (entranceway) commercial district
T.
a.12)
R
G-1 government district
a13)
CON conservation district
4.2 Use Requirements by District.
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Within the use districts indicated on the zoning map, no building or land shall be used, and no building
shall be erected or altered which is intended or designed to be used in whole or part, for any other purpose
other than listed in this section.
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4.3 R-5 Residential District.
The R-5 residential district is established as a district in which the principal use of land is for one (1), two
(2), and multi -family dwellings excluding manufactured homes and recreational vehicles. The regulations
of this district permit intensive developments provided the necessary public and/or community water and
adequate sewage disposal.
1) Permitted uses. Uses permitted within the R-5 zoning district are shown in table of uses, section
4.1$.
2) Conditional uses. Conditional Uses permitted within the R-5 zoning district are shown in table of
uses, section 4.18
3) Dimensional requirements.
a) All lots shall be consistent with. Ocean Hazard and Estuarine Shoreline AEC standards for
development (CAMA).
b) Lot area, minimum required: First unit, five thousand (5,000) square feet, second unit three
thousand five hundred (3,500) square feet additional (eight thousand five hundred (8,500)
square feet minimum required for first two (2) units) and two thousand five hundred (2,500)
square feet for each additional unit more than two (2) up to a maximum density of sixteen
(16) dwelling units per net acre_; single-family attached units shall be allowed on a minimum
of four thousand two hundred fifty (4,250) square feet per unit provided that there are no
more than two (2) total units in any one (1) structure (e.g. a subdivided duplex).
c) Lot width, minimum required: Fifty (50) feet except single-family attached units shall be
allowed with twenty-five-(25) foot widths provided there are no more than two (2) units in
any one (1) structure (e.g. a subdivided duplex).
d) Front yard, minimum required : Fifteen (15) feet, except ocean front property shall be seven
point five (7.5) feet.
e) Side yard, minimum required: Seven point five (7.5) feet. Five (5) additional feet of side
yard setback shall be required for each story in. excess of two (2) stories. (3'd floors, not to
exceed two hundred fifty (250) square feet shall be exempt from this rule.)
f) Side yard, abutting street minimum required: Ten (10) feet. Single-family attached with
more than two (2) units in any one (1) structure, the common wall shall be allowed on zero
(0) lot line provided that applicable N.C. State Building Code requirements for party wall
construction are met and further provided that all other yard requirements are met..
g) Rear yard, minimum required: Twenty (20) feet.
h) Lot coverage: The total ground area covered by the principal building, and all accessory
buildings including any roofed area shall not exceed forty (40) percent of the total lot area.
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i) Accessory building setbacks:
Front yard, minimum required: Same as principal structure.
Side/rear yard; minimum required: Five (5) feet.
Separation between other structures: Five (5) feet.
j)_ .Building height: All buildings exceeding four (4) stories or forty-eight (48) feet in height
above the horizontal plane shall require a conditional use permit issued by the town council..
k) Chimneys, fireplace pop outs, and bay windows not exceeding twelve (12) feet in width may
encroach no more than two (2) feet into the side setback-
1) Stoops for air -conditioners may encroach up to two (2) feet into the side setbacks, but may
only be constructed large enough to accommodate the unit.
m) Access stoops for electrical service boxes may encroach up to two (2) feet into the side
setbacks, but may be no .larger than a three (3) foot by three (3) foot (3' X 3') stoop with
stairs. .
4) Additional Requirements:
a) Signs shall meet the required set forth in section 6.
b) Off street parking shall be provided as required in section 5.1.
c) Corner visibility: On a corner lot, within the area formed by the centerlines of the intersecting
streets and a line joining points on such centerlines at a distance of eighty (80) feet from their
intersection, there shall be no obstruction of vision between a height of three (3) feet and a
height of ten (10) feet above the average centerline grade of each street.
4.4 R-5M Residential Manufactured Home District.
The R-5M residential manufactured home district is established as a district in which the principal use of
land is for manufactured homes and recreational vehicles. The regulations of this district permit intensive
development provided the necessary public and/or community water and sewer systems are available.
1) Permitted uses. Uses permitted within the R-5M zoning. district are .shown in table of uses, -
section 4.18.
2) Conditional uses. Conditional Uses permitted within the R-5M zoning district are shown in table
of uses, section 4.18
3) Dimensional requirements.
a) All lots shall be consistent with Ocean Hazard and Estuarine Shoreline AEC standards for
development (CAMA).

b) Lot coverage: The total ground area covered by the principal building and all accessory
buildings including any roofed area shall not exceed forty (40) percent of the total lot area.
c) Accessory building setbacks:
Front yard, minimum required: Same as principal structure.
Side/rear yard, minimum required: Five (5) feet.
Separation between other structures: Five (5) feet.
d) Building height: All buildings exceeding four (4) stories or forty-eight (48) feet in height
above the horizontal plane shall require a conditional use permit issued by the town council.
e) Chimneys, fireplace pop outs, and bay windows not exceeding twelve (12) feet in width may
encroach no more than two (2) feet into the side setback.
f) Stoops for air -conditioners may encroach up to two (2) feet into the side setbacks, but may
only be constructed large enough to accommodate the unit.
g) Access stoops for electrical service boxes may encroach up to two (2) feet into the side -
setbacks, but may be no larger than a three (3) foot by three (3) foot (Y X. Y) stoop with
stairs.
4) Additional Requirements:
a) Signs shall meet the required set forth in section 6.
b) Off street parking shall be provided as required in section 5.1.
c) Corner visibility: On a corner lot, within the area formed by.the centerlines of the intersecting
streets and a line joining points on such centerlines at a distance of eighty (80) feet from their
intersection, there shall be no obstruction of vision between a height of three_ (3) feet and a
height of ten (10) feet above the average centerline grade of each street.
4.5 R-10 Residential District.
The R-10 residential district is established to provide for single-family dwellings, two-family dwellings,
condominium, and townhouses, excluding manufactured homes and recreational vehicles.
1) Permitted uses. Uses permitted within the R-10 zoning district are shown in table of uses,
section 4.18.
2) Conditional uses. Conditional Uses permitted .within the R-10 zoning district are shown in table
of uses, section 4.18
3) Dimensional requirements.
a) All lots shall be consistent with Ocean Hazard and Estuarine Shoreline AEC standards for
development (CAMA).
b) Lot area, minimum required: First one (1) or two (2) dwelling units ten thousand (10,000)
square feet, Single family attached units may be allowed five thousand (5000) square feet (i.e.
subdivided duplex).
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c) Lot width, minimum required: Fifty (50) feet except single-family .attached units shall be
allowed with twenty-five- (25) foot. lot widths, provided there are no more than two (2) units
in any one (1) structure (i.e. a subdivided duplex).
d) Front yard, minimum required : Twenty-five (25) feet, except ocean front property shall be
seven point five (7.5) feet.
e) Side yard, -minimum required: Seven point five (7.5) feet. Five (5) additional feet of side yard
setback shall be required for each story in excess of three (3) stories or a minimum side yard
of twelve point five (12.5) feet for all three (3) stories.
f) Side yard, abutting street minimum required: Fifteen (15) feet. Single-family attached with
more than two (2) units in any one (1) structure, the common wall shall be allowed on zero
(0) lot line provided that applicable N.C. State Building Code requirements for party wall
construction are met and further provided that all other yard requirements are met.
g) Rear yard, minimum required: Twenty (20) feet.
h) Lot coverage: The, total. ground area covered by the principal building and all accessory
buildings including any roofed area shall not exceed forty (40) percent of the total lot area.
i) Accessory building setbacks:
Front yard, minimum required: Same as principal structure.
Side/rear yard, minimum required: Five (5) feet.
Corner side yard, minimum required: Same as principal structure:
Separation between other structures: Five (5) feet.
a .
j) Building height: No buildings shall exceed four (4) stories or forty-eight (48) feet in height
above the horizontal plane. .
k) Minimum floor space per building unit: seven hundred fifty (750) square feet.
1) Chimneys, fireplace pop outs, and bay windows not exceeding twelve (12) feet in width may
encroach no more than two (2) feet into the side setback.
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m) Stoops for air -conditioners may encroach up to two (2) feet into the side setbacks, but may
only be constructed large enough to accommodate the unit.
n) Access stoops for electrical service boxes may encroach up to two (2) feet into the side
setbacks, but may be no larger than a.three (3) foot by three (3) foot (3' X 3') stoop with
stairs. .
4) Additional Requirements:
a) Signs shall meet the required set forth in section 6.
b) Off street parking shall'be provided as required in section 5.1.
c) Corner visibility: On a corner lot, within the area formed by the centerlines of the intersecting
streets and a line joining points on such centerlines at a distance of eighty (80) feet from their
intersection, there shall be no obstruction of vision between a height of three (3) feet and a
height of ten (10) feet above the average centerline grade of each street.
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4.6 MHS Manufactured Home Subdivision.
The manufactured home subdivision district is established as a district in which the principal use of land
is for one family dwellings including manufactured homes. The regulations of this district permit
intensive developments provided the necessary public and/or community water and adequate sewage
disposal are available.
1) Permitted uses. Uses permitted within the MHS zoning district' are shown in table of uses,
section 4.18.
2) Conditional uses. Conditional Uses permitted within the MHS zoning district are shown in table
of uses, section 4.18
3) Dimensional requirements..
a) All lots shall be consistent with Ocean Hazard and Estuarine Shoreline AEC standards for
development (CAMA).
b) Lot area, minimum required: Five thousand (5,000) square feet.
c) Lot width, minimum required: Fifty (50) feet except single-family attached units shall be
allowed with twenty -five-foot widths provided there are no more than two (2) units in any
one (1) structure (e.g. a subdivided duplex).
d) Front yard, minimum required : Fifteen (15) feet, except ocean front property shall be seven
point five (7.5) feet.
e) Side yard, minimum required: Seven point five (7.5) feet.
f) Side yard, abutting street minimum required: Ten (10) feet.
g) Rear yard, minimum required: Twenty (20) feet.
h) Lot coverage: The total ground area covered by the principal building and all. accessory
buildings including any roofed area shall not exceed forty (40) percent of the total lot area.
i) Accessory building setbacks: -
Front yard, minimum required: Same as principal structure.
Side/rear yard, minimum required: Five (5) feet.
Separation between other structures: Five (5) feet.
j) Building height: All buildings "exceeding four (4) stories or forty-eight (48) feet in height
above the horizontal plane shall require- a conditional use permit issued by the town council.
k) Chimneys, fireplace pop outs, and bay windows not exceeding twelve (12) feet in width may
encroach no more than two (2) feet into the side setback
1) Stoops for air -conditioners may encroach up to two (2) feet into the side setbacks, but may
only be constructed large enough to accommodate the unit.
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m) Access stoops for electrical service boxes may encroach up to two (2) feet into the side
setbacks, but may be no larger than a three (3) foot by three (3) foot (3' X 3') -stoop with
stairs.
4) Additional Requirements:
a) Signs shall meet the required set forth in section 6.
b) Off street parking shall be provided as required in section 5.1.
c) Corner visibility: On a corner lot, within the area formed by the centerlines of the intersecting
streets and a line joining points on such centerlines at a distance of eighty (80) feet from their
intersection, there shall be no obstruction of vision between a height of three (3) feet and a
height of ten (10) feet above the average centerline grade of each street.
4.7 RA Rural Agricultural District.
aThe RA rural agricultural district is established as a district in which the principal use of land is for low
density single family residential purposes. The regulations of this district encourage rural farming
activities and the preservation of open space. The district is -designed to promote urban, low density
a residential development not requiring urban services while maintaining prime farm land and a rural life
style.
1) Permitted uses.. Uses permitted within the RA zoning district are shown in table of uses, section
4.18.
Q 2) Conditional uses. Conditional Uses permitted within the RA zoning district. are shown in table of
uses, section 4.18
3) Dimensional requirements.
a) All lots shall be consistent with Ocean Hazard and Estuarine Shoreline AEC standards for
development (LAMA).
b) Lot area, minimum required: Twenty thousand (20,000) square feet.
c) Lot width, minimum required: One hundred (100) feet.
d) Front yard, minimum required : Forty (40) feet, except ocean front property shall be seven
point five (7.5) feet.
e) Side yard, minimum required: Twenty (20) feet.
af) Side yard, abutting street minimum required: Twenty-five (25) feet.
g) Rear yard, minimum required: Thirty (30) feet. `
h) Lot coverage: The total ground area covered by the principal building and all accessory
buildings including any roofed area shall not exceed forty (40) percent of the total lot area.
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i)
Accessory building setbacks:
Front yard, minimum required: Same as principal structure.
Side/rear yard, minimum required: Five (5) feet.
Separation between other structures: Five (5) feet.
j)
Building height: All buildings thirty-five (35) feet, maximum.
k)
Chimneys, fireplace pop outs, and bay windows not exceeding twelve (12) feet in width may .
encroach no more than two (2) feet into the side setback.
encroach
1)
Stoops for air -conditioners may up to two (2) feet into the side setbacks, but may
only be constructed large enough to accommodate the unit.
m)
Access stoops for electrical service boxes may encroach tip to two. (2) feet into the side
setbacks, but may be no larger than a three (3) foot by three (3) foot (3' X 3') stoop with
stairs.
4) Additional Requirements:
a)
Signs shall meet the required set forth in section 6.
b)
Off street parking shall be provided as required in section 5.1.
c)
Corner visibility: On a corner lot, within the area formed by the centerlines of the intersecting
streets and a line joining points on such centerlines at a distance of eighty (80) feet from their
D
intersection, there shall be no obstruction of vision between a height of three (3) feet aiid a
height of ten (10) feet above the average centerline grade of each street.
4.8 PUD
Planned Unit Development District.
The intent of this district is to achieve site design - and land development of superior quality by
encouraging flexibility and creativity while achieving the purposes of other districts in this zoning
ordinance by departing from the strict application of use and dimensional requirements under certain
conditions 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 from the strict application of use, setback, height, and minimum lot size
requirements of the zoning ordinance, which:
• Permit a creative approach to the development of residential communities,
• Accomplish a more desirable environment than would be possible through the strict
.
application of minimum requirements of the zoning ordinance,
• , Provide for an efficient use of land resulting in smaller networks of utilities and streets
and therefore lower housing costs,
a
• 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, subdivisions, and comprehensive plan requirements, .
• Provide an opportunity for new approaches to home ownership, and
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aProvide
an environment of stable character compatible with surrounding residential areas.
1) Permitted uses. Uses permitted within the PUD zoning district are shown in table of uses,
a
section 4.18.
"
2) Accessory uses. Conditional Uses permitted within the PUD district are shown in the table of
a
uses, section 4.18.
"
3) General requirements.
.
1 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
a
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 agencies may be permitted to serve the planned unit development district.
c) Ownership: Prior to final approval of the development land, evidence of the unified control of
the entire site must be submitted to the planning board accompanied by a signed agreement
a
by all owners which includes their commitment to:
1. Proceed with the proposed development in accordance with the planned unit development
plans as submitted, and such conditions and safeguards as may be set by the town council
in granting the rezoning;
allorth
2. Provide agreements, . contracts, deed restrictions and sureties acceptable to Surf City,
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,
functions, and facilities as are not to be provided, operated, or maintained by Surf City,
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Carolina, pursuant to written agreement; and
3. Bind their successors in title to any commitments made in their petition.
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
a
shall be as follows: low -density, medium density, and high density district. The density for
the entire planned unit development shall not exceed sixteen.(16) units per gross acre.
All lots shall be consistent with Ocean Hazard and Estuarine Shoreline AEC standards for
a
development under CAMA.
Ddetached
1. Low density district. The low density district shall be limited to one- and/or two-family
or attached". structures. No more than five (5) units per net acre shall be
permitted in the low density district shall be seven thousand five hundred (7,500) square
.
feet.
a.. In an effort to encourage cluster development of housing units, minimum lot sizes
may be reduced up to twenty-five (25) percent. In a cluster development no more
than two (2) individualsingle-family units nor more than two-family units may be
erected on a common wall.
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b. In exchange for the increase in the net density of the low density district, the
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remaining portion of the land not devoted to lots shall be dedicated or devoted to
common open space.
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c. Front yard requirement. The minimum front yard requirement shall be fifteen (15)
feet.
d. Side yard requirement. There shall be a minimum of twenty (20) feet between
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structures.
e. Rear yard requirement. No minimum rear yard is -required.
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2. Medium density district. The medium density district shall be limited to townhouses
and/or condominiums. No more than sixteen (16) units per gross acre shall be permitted
in the medium density district.
a. Townhouses. A minimum of one thousand eight hundred (1,800) square feet of lot
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area shall be provided for each townhouse unit. (See special requirements under
supplementary regulations.)
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b. Front yard requirement. The minimum front yard setback shall be twenty-five (25)
feet.
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C. _Rear and requirement. The minimum rear and setback shall be thi 30 feet from
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the perimeter lot line of a townhouse development.
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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
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the end of each grouping of townhouses, and an additional ten (10) feet shall be
required if a driveway is provided between such groupings which shall not be
encumbered with walls or other structures or obstructions which will prevent
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emergency vehicular access between such groups.
3. High density district. The high density district shall be limited to multi -family structures.
D
Condominiums shall be permitted in the high density district, at a maximum density of
twenty-four (24) units per gross acre. (See supplementary regulations.)
a. Open space requirements.
1) As a prerequisite for approval of a planned unit development a minimum of ten
(10) percent of the gross residential acreage shall be allocated to local open space
for the use of the residents of the planned unit development.
2) Common open space must be used. for amenity or recreational purposes and
natural features worthy of preservation may be left unimproved. The buildings,
structures, and improyements which are permitted in the common open space
must be appropriate to the uses which are authorized for the common open space
D
and must conserve and enhance the amenities of the common open space_ having
regard to its topography and unimproved condition. ,
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3) The development schedule must coordinate the improvement of the common
open space, the construction of buildings, structures, and improvements in the
common open space, and the construction of residential dwellings in the planned
unit development.
4) The common open space shall be situated such that it will best serve the residents
and be totally integrated within the various land uses of the planned unit
development.
5) The developer shall make provisions to provide for the use, improvement and
maintenance of the common open space in a manner which as its continuing
use for its intended purpose. The town attorney shall certify to the town council
that the proposed method of assurance is legally binding.
4) Procedures for PUD approval. A petition for rezoning land to a planned unit development
district shall be submitted to the town planner.
a) A written statement shall accompany the rezoning petition containing the following
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 excepted development schedule,
5. A plat or legal description of the total area within the planned unit development.
b) . Preliminary development plan. An applicant shall submit a preliminary development plan
fifteen (15) copies along with the written statement at the time of submission of the rezoning
request. The preliminary development 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 grouping 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 pedestrian 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 recreational uses, with estimates of acreage to be dedicated
for public use and that to be retained in common ownership,
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6.. A draft of the declaration by which the use, maintenance, and continued protection of the
planned unit development and any of its common space areas shall be guaranteed,
7. A -development schedule indicating: 1) the approximate date when construction of the
project can be expected to begin; 2) the stages in which the project will be built and the
approximate date when construction of each stage can be expected to begin; 3) the
anticipated rate of development; 4) the approximate dates when the stages in
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 preliminary 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 objectives and will meet the
standards and performance criteria 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 planning board fifteen (15) 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 filingthe final
development plan.
Upon receipt of the final development plan, the planning board shall review it to see that it is
in substantial compliance 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 approximately the same course and have the same public or
private rights therein.
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a.
Following recommended approval of the final development plan by the planning board, it shall forward
two (2) copies of the approved final development plan to the town planner.
5) Phasing of construction.
a) Residential. The phasing of residential construction in any one (1) residential density district
shall not exceed the overall density requirement of the planned .unit development as a whole,
b) Nonresidential. If a planned development contains nonresidential uses, these uses may be
aconstructed first, but only if the planning board finds, and records its findings on the final
development plan, that the nonresidential uses would be consistent with the land use plan for
the community even though the residential areas of the planned development are not built or
L1 not completed.
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6) Subdivision or resale of property. Following approval of the final development plan, the
planned unit development may be subdivided or re -subdivided for purposes of sale or lease or
transfer of title. The planning board shall approve the subdivision or re -subdivision for portions
of the planned unit development provided 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.
7) Design standards and performance criteria. The following design standards and performance
criteria are minimum to be used in the development of a planned unit development site:
a) Access. Vehicular access drives throughout the planned 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 forty-eight (48) feet.
2. The maximum height in the medium density district shall be forty-eight (48) feet.
3.. The maximum height in the high density district shall be forty-eight (48) feet.
c) Minimum distance between buildings.
1. The minimum distance between buildings in the low density district 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: Forty (40) feet.
b. Front -to -rear: Fifty (50) feet.
c. Rear -to -rear: Thirty (30) feet.
d. Side -to -side: Twenty (20) feet.
e. All.other: Twenty (20) feet.
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d) Off-street parking and loading. The regular off-street parking and loading requirements of
this ordinance shall apply to planned unit development, unless they are revised as a condition
of approval.
e) Pedestrian circulation. The pedestrian circulation system and its related walkways shall be
separated as possible from the street or vehicular circulation system. All walks shall be of a
permanent nature and material and shall be at least four (4) feet in width.
f) Perimeter control; [minimum setback]. 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 invade 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 adequately provide. for
firefighting equipment, furniture moving vans, refuse collections and deliveries.
i) Underground utilities.
1. All areas of the planned.unit development shall provide for underground installation of
all utilities, including power and telephone.
2. Provision shall be made for acceptable design and construction of storm sewer facilities,
including grading, gutters, piping, and treatment of turf to handle stormwater, prevent
erosion, and formation 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, provided the following
requirements are met:
1. All platting requirements shall comply with the subdivision regulations of Surf City,
North Carolina,
2. Townhouse developments may be subdivided to provide individual lots. The minimum
lot size shall be one thousand eight hundred (1,800) square feet with a minimum width of
eighteen (18) feet. All other yard requirements shall comply with the regulations of this
ordinance.
4.9 O&I Office And Institutional.
The Office and Institutional district is established as a district to serve as a transitional zone between
residential and nonresidential uses. The regulations of this district permit intensive development provided
the necessary public and/or community water and adequate sewing disposal are available. "
1) Permitted uses. Uses permitted within the O&I zoning district are shown in table of uses, section
4.18.
2) Conditional uses. Conditional Uses permitted within the O&I zoning district are shown in table
of uses, section 4.18
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3) Dimensional requirements.
a) All lots shall be consistent with Ocean Hazard and Estuarine Shoreline AEC standards for
development (CAMA).
b) Lot area, minimum required: First unit, seven thousand five hundred (7,500) square feet,
second unit three thousand five hundred (3,500) square feet additional (eight thousand five
hundred (8,500) square feet minimum required for first two (2)'units) and two thousand five
hundred (2,500) square feet for each additional unit more than two (2).
c) Lot width, minimum required: Fifty (50) feet.
d) Front yard, minimum required: Twenty-five (25) feet, except ocean front property shall be
seven -point five (7.5) feet. .
e) Side yard, minimum required: Ten (10) feet. Five (5) additional feet of side yard setback shall
be required for each story in excess of two (2) stories. (3`d floors, not to exceed two hundred
fifty (250) square feet shall be exempt from this rule.)
f) Side yard, abutting street minimum required: Twenty-five (25) feet.
g) Rear yard, minimum required: Ten (10) feet.
h) Lot coverage: The total ground area covered by the principal building and all accessory
buildings including any roofed area shall not exceed fifty (50) percent of the total lot area.
i) Accessory building setbacks:
Front yard, minimum required: Same as principal structure:
Side/rear yard, minimum required: Five (5) feet. -
Separation between other structures: Five (5) feet.
j) Building height: All buildings exceeding four. (4) stories or forty-eight (48) feet in height
above the horizontal plane shall require a conditional use permit issued by the town council.
k) Chimneys, fireplace pop outs, and bay windows not exceeding twelve (12).feet in width may
encroach no more than two (2) feet into the side setback.
1) 'Stoops for air -conditioners may encroach up to two (2) feet into the side setbacks, but may
only be constructed large enough to accommodate the unit:
m) Access stoops for electrical service boxes may encroach up to two. (2) feet into the side
Setbacks, but may be no larger than a three (3) foot by three (3) foot (3' X 3') . stoop with
stairs.
4) Additional Requirements:
a) Signs shall meet the required set forth in section 6.
b) Off street parking shall be provided as required in section 5.1.
c) Corner visibility: On a corner lot, within the area formed by_thecenterlines of the intersecting
streets and a line joining points on such centerlines at a distance of eighty (80) feet from their
intersection, there shall be no obstruction of vision between a height of three (3) feet and a
height of ten (10) feet above the average centerline grade of each street.
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4.10 NB Neighborhood Business.
The Neighborhood Business District is established as a district to serve the adjoining residential uses in a
small scaled commercial matter to provide convenience to the residential community
1) Permitted uses. Uses permitted within the NB zoning district are shown in table of uses, section
4.18.
2) Conditional uses. Conditional Uses permitted within the NB zoning district are shown in table of
uses, section 4.18
3) Dimensional requirements.
a) All lots shall be consistent with Ocean Hazard and Estuarine Shoreline AEC standards for
development (CAMA).
b) Lot area, minimum required: First unit, five thousand (5,000) square feet, second unit three
thousand five hundred (3,500) square feet additional (eight thousand five hundred (8,500)
square feet minimum required for first two (2) units) and two thousand. five hundred (2,500)
square feet for each additional unit more than two (2).
c) Lot width, minimum required: Fifty (50) feet.
d) Front yard, minimum required : Fifteen (15) feet, except ocean front property shall be seven
point five (7.5) feet.
e) Side yard, minimum required: Ten (10) feet. Five (5) additional feet of side yard setback shall
be required for each story in excess of two (2) stories. (3`d floors, not to exceed two hundred
fifty (250) square feet shall be exempt from this rule.)
f) Side yard, abutting street minimum required: Fifteen (15) feet.
g) Rear yard, minimum required: Ten (10) feet.
h) Lot coverage: The total ground area covered by the principal building and all accessory
buildings including any roofed area shall not exceed forty (40) percent of the total lot area.
i) Accessory building setbacks:
Front yard, minimum required: Same as principal structure.
Side/rear yard, minimum required: Five (5) feet.
Separation between other structures: Five (5) feet.
j) Building height: All buildings exceeding four (4) stories or forty-eight (48) feet in height
above the horizontal plane shall require a conditional use permit issued by the town council.
k) Chimneys, fireplace pop outs, and bay windows not exceeding twelve (12) feet in width may
encroach no more than two (2) feet into the side setback,
1) Stoops for air -conditioners may encroach up to two (2) feet into the side setbacks, but may
only be constructed large enough to accommodate the unit.
I
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11
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0
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0
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54

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it
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7
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III
m) Access stoops for electrical service boxes may encroach up to two (2) feet into the, side
setbacks, but may be no larger than a three (3) foot by three (3) foot (3: X T) stoop with
stairs.
4) Additional Requirements:
a) Signs shall meet the required set forth in section 6.
b) Off street parking shall be provided as required in section 5.1.
c) Corner visibility: On a corner lot, within the area formed by the centerlines of the intersecting
streets and a line joining points on such centerlines at a distance of eighty (80) feet from their
intersection, -there shall be no obstruction. of vision between a height of three (3) feet and a
height of ten (10) feet above the average centerline grade of each street.
4.11 C-1 Central Business District.
The C-1 central business district is .intended to protect and promote suitable areas for business 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.
1) Permitted uses. Uses permitted within the C-1 zoning district are shown in table of uses, section
4.18.
2) Conditional uses. Conditional_ Uses permitted within the C-1 zoning district are shown in table of
uses, section 4.18
a) Dry storage for boats, subject to all applicable state and federal regulatory permits being
obtained; and provided that they are buffered with dense evergreen trees and shrubs not
less than six (6) feet in height and of a spread and spacing so as to form a continuous,
unbroken screen between the storage facility and adjoining properties. Where natural
vegetation does not provide sufficient screening, the boundaries of the site shall be planted
with a screen of dense evergreen trees and shrubs, each plant with a moderate to rapid
growth rate to a mature height of at least six (6) feet. Growth spread and spacing of the
individual plants shall provide a continuous, unbroken screen on maturity. Vegetation shall
be selected from those listed by the. NC Extension Service as being appropriate for coastal
NC and which meet the growth rate, height, and spread criteria specified above; .
b) Rental of motorized personal watercraft; subject to 'one (1) off-street parking space per jet —
ski; no business shall be operated within one hundred (100) feet of any property used for
residential purpose; provision of public restroom facility, if portable toilets are a used, they.
must be secured to prevent them from becoming windblown..
3) Dimensional requirements.
a), All lots shall be consistent with Ocean Hazard and Estuarine Shoreline AEC standards for
development (CAMA):
b) Lot area, minimum required:
Single family dwelling, five thousand (5,000) square feet.
Commercial uses: Two thousand five hundred (2,500) square feet.
C
I
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55

A
1
c) Lot width, minimum required:
Single family dwelling: Fifty (50) feet.
Commercial uses: Twenty-five (25) feet.
d) Front yard, minimum required
Single family dwelling: Fifteen (15) feet, except ocean front property shall be
seven point five (7.5) feet.
Commercial uses: Ten (10) feet minimum landscaping.
e) Side yard, minimum required:
Single family dwelling: Seven point five (7.5) feet.
Commercial uses: None
f) Side yard, abutting street minimum required:
Single family dwelling: Ten (10) feet.
Commercial uses: None
g) Rear yard, minimum required:
Single family dwelling: Twenty (20) feet. .
Commercial uses: Three (3) feet minimum landscaping.
h) Lot coverage: The total ground area covered by the. principal building and all accessory
buildings including any roofed area shall not exceed forty (40) percent of the total lot. area.
Commercial uses do not have a maximum lot coverage.'
i) Accessory building setbacks:
Front yard, minimum required: Same as principal structure.
Side/rear yard, minimum required: Five (5) feet.
Separation between other structures: Five _(5) feet.
j) Building height: maximum forty-eight (48) feet.
k) Chimneys, fireplace pop outs, and bay windows not exceeding twelve (12) feet in width may
encroach no more than two (2) feet into the side setback.
1) Stoops for air -conditioners may encroach up to two (2) feet into the side setbacks, but may
only be constructed large enough to accommodate the unit.
m) Access stoops for electrical service boxes may encroach up to two (2) feet into the side
setbacks, but may be no larger than a three (3) foot by three (3) foot (Y X Y) stoop with
stairs.
4) Additional Requirements: _
a) Signs shall meet the required set forth in section 6.
b) Off street parking shall be provided as required in section 5.1.
c) Corner visibility: On a corner lot, within the area formed by the centerlines of the intersecting
streets and a line joining points on such centerlines at a distance of eighty (80) feet from their
intersection, there shall be no obstruction of vision between a height of three (3) feet and a
height of ten (10) feet above the average centerline grade of each street.
56
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0
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4.12 MU Mixed Use District.
The MU 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) encourage 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. M
1) .Permitted uses. Uses permitted within the MU zoning district are shown in table of uses, section U
4.18.
2) Conditional uses. Conditional Uses permitted within the MU zoning district are shown in table
of uses, section 4.18
M
a) Dry storage for boats, subject to all applicable state and federal regulatory permits being
I
obtained; and provided that they are buffered with dense evergreen trees and shrubs not less
than six (6) feet in height and of a spread and spacing so as to form a continuous, unbroken
X
screen between the storage facility and adjoining properties. Where natural vegetation does
not provide sufficient screening, the boundaries of the site shall be planted with a screen of
1'
dense evergreen trees and shrubs, each plant with a moderate to rapid growth rate to a mature
height of at least six (6) feet. Growth spread and spacing of the individual plants shall provide
D
a continuous, unbroken screen on maturity. Vegetation shall be selected from those. listed by
the NC Extension Service as being appropriate for coastal NC and which meet the growth
rate, height, and spread criteria specified above.
T T
V:
b) Rental of motorized personal watercraft, subject to one (1) off-street parking space per jet ski;
S
no business shall be operated within one hundred (100) feet of any property used for
residential purpose; provision of public restroom facility, if portable toilets are used, they .
be from becoming
E
must secured to prevent them windblown.
3) Dimensional requirements.
a). All lots shall be consistent with Ocean Hazard and Estuarine Shoreline AEC standards for
development (CAMA).
.
I
b) Lot area, minimum required:
C
Single family and two (2) family dwellings: Subject to R-5 regulations.
►J
Townhomes: First two (2) dwelling units eight thousand five hundred (8,500) square feet,
1
each additional unit two thousand five hundred (2,500) square feet.
All nonresidential uses: five thousand (5,000) square feet.
R
c) Lot width, minimum required:
I
Single family and two (2) family dwellings:.Overall tract width fifty (50) feet:
Twenty-five (25) feet for each unit in an attached two (2) family dwelling.
r
Townhomes: Overall tract width per structure fifty (50) feet.
All nonresidential uses permitted in: fifty (50) feet

M
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d) . Front yard, minimum required
Single family and two (2) family dwellings:. Twenty-five (25) feet, except ocean
front property shall be seven point five (7.5) feet.
Townhomes: Twenty-five (25) feet for each structure, Zero (0) for individual
units.
All nonresidential uses: Ten (10) feet.
A
e)
Side yard, minimum required:
Single family and two (2) family dwellings: Seven point five (7.5) feet.
Townhomes: Seven point five (7.5) feet.
All nonresidential uses: Three (3) feet.
D
f)
Side yard, abutting street minimum required:
Single family and two (2) family dwellings: Twenty (20) feet.
D .
Townhomes: Twenty (20) feet, Zero (0) for individual units.
All nonresidential uses: Zero (0) feet. .
g)
Rear yard, minimum required:
LJ
Single family and two (2) family. dwellings: Twenty (20) feet.
Townhomes: Twenty (20) feet, Zero (0) for individual units.
All nonresidential uses: Three (3) feet.
D
h)
Lot coverage: The total ground area covered by the principal building and all accessory
buildings including any roofed area shall not exceed forty (40) percent of the total lot area for
D
single family, two (2) family dwellings and twnhomes. All . nonresidential uses shall not
exceed fifty (50) percent.
i)
Accessory building setbacks:
Front yard, minimum required: Same as principal structure.
Side/rearyard, minimum required: Five (5) feet. -
Separation between other structures: Five (5) feet.
j) .
Building height: Forty-eight (48) feet.
k) Chimneys, fireplace pop outs, and bay windows not exceeding twelve (12) feet in width may
encroach no more than two (2) feet into the side- setback.
1) Stoops for air -conditioners may encroach up to two (2) feet into the side setbacks, but may
only be constructed large enough to accommodate the unit.
m) Access stoops for electrical service boxes may encroach up to two (2) feet into the side
setbacks, but may be no larger than a three (3) foot by three (3) foot (3' X 3') stoop with
stairs.
4) Additional Requirements: "
a) . Signs shall meet the required set forth in section 6.
b) Off street parking shall be provided as required in section 5.1.
c) Corner visibility: On a corner lot, within the area formed by the centerlines of the intersecting
streets and a line joining points on such centerlines at a distance of eighty (80) feet from their
intersection, there shall be no obstruction of vision between a height of three (3) feet and a
a
height of ten (10) feet above the average centerline grade of each street.
58

0
d) Maximum number of units per building for townhomes: eight (8).
a4.13 C-3 Extended (Entranceway) Commercial District.
The extended (entranceway) commercial district is to provide for additional commercial uses which are
suitable, practical, and appropriate for the mainland area of Surf City's planning and zoning jurisdiction.
a. Its regulations are designed to: 1) encourage a continuity of uses along the main thoroughfare onto the.
island; 2) enhance the landscaping of properties in the district; 3) provide a commercial district with an.
expanded number of permitted uses; and 4) limit access points on NC 50/210 to preserve the
transportation capacity of the highway.
1) Permitted uses. Uses permitted within the C-3 zoning district are shown in table of uses, section
a4.18. .
2) Conditional uses. Conditional Uses permitted within the C-3 zoning district are shown in table of
auses, section 4.18
3) Dimensional requirements.
aa) All lots shall be consistent with. Ocean Hazard and Estuarine Shoreline AEC standards for
development (CAMA).
ab) Lot area, minimum required: Ten thousand (10,000) square feet.
c) Lot width," minimum required: One hundred fifty (150) feet, except that the minimum lot -
width may be seventy-five (75) feet, if (1) the lot is one (1) of two (2) consecutive lots that
share a common street or drive access and (2) the availability of the shared access and the
restriction of any separate, direct "access by the lots to the street or highway is permanently
guaranteed'by recorded easement(s) or records deed(s) in_a manner acceptable to the town.
d) Front yard, minimum required:
a Setback adjacent to highway 50/210: Twenty-five (25) feet.
All others: Fifteen (15) feet, except ocean front property shall be seven point five
(7.5) feet.
ae) Side yard, minimum required: ten (10) feet.
f) .Side yard, abutting street minimum required: Twenty (20) feet.
ag) Rear yard, minimum required: Ten (10)feet.
h) Lot coverage: The total ground area covered by the principal building and all accessory
buildings including any roofed area shall not exceed fifty (50)- percent of the total lot area,
does not include parking.
Di) Accessory building setbacks:
Front yard, minimum required: Same as principal structure.
0 Side/rear yard, minimum required:. Five (5) feet.
Separation between other structures: Five (5) feet.
aj) Building height: Fifty-five (55) feet.
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k) Chimneys, fireplace pop outs, and bay windows not exceeding twelve (12) feet in width may
encroach no more than two (2) feet into the side setback.
1) Stoops for air -conditioners may encroach up to two (2) feet into the side setbacks, but may
Gonly be constructed large enough to accommodate the unit.
m) Access stoops for electrical service boxes may encroach up to two (2) feet into the side
setbacks, but may be no larger than a three (3) foot by three (3) foot (3' X 3') stoop with
1 stairs.
4) Additional Requirements:
a) Signs shall'meet the required set forth in section 6.
b) Off street parking shall be provided as required in section 5.1.
c) 'Corner visibility: On a corner lot, within the area formed by the centerlines of the intersecting
streets and a line joining points on such centerlines at a distance of eighty (80) feet from their
intersection, there shall be no obstruction of vision between a height of three (3) feet and a
height of ten (10) feet above the average centerline grade of each street.
d) Lighting: All light produced on site shall be contained within the perimeter of the site by
design, orientation or shielding of the light source.
4.14 G-1 Government District:
In order to establish a zoning district to provide the proper location and setting for governmental
operation, structures, and equipment necessary for providing public services and the maintenance- of
public health and well-being, the town council- has established the zoning district in this division and
referenced as the government zone.
1) Permitted uses. Uses permitted within the G-1 zoning district are shown in table of uses, section
4.18.
2) Conditional uses. Conditional Uses permitted within the G-1,zoning district are shown in table of
uses, section 4.18
3) Dimensional requirements.
a) All lots shall be consistent with Ocean Hazard and Estuarine Shoreline AEC standards for
development (CAMA).
4) . Additional Requirements:.
a) Signs shall meet the required set forth in section 6.
b) Off street parking shall be provided as required in section 5.1.
c) Corner visibility: On a corner lot, within the area formed by the centerlines of the
intersecting streets and a line joining points on such centerlines at a distance of eighty
(80) feet from their. intersection, there shall be no obstruction of vision between a
height of three (3) feet and a height of ten (10) feet above the average centerline
grade of each street.
60

4.15 CON Conservation District.
The conservation district is established to give the highest priority to the protection and management of
estuarine waters and coastal wetlands so as to safeguard and perpetuate their biological, social, aesthetic,
and economic values. Suitable land and water uses shall be those consistent with the above objective.
Highest priority of use shall be allocated to the conservation of estuarine waters and coastal wetlands.
Second priority of use shall be given to those types of development activities that require water access
and use which cannot function elsewhere. All the necessary state and federal permits required shall be
obtained prior to local approval.
1) Permitted uses. Uses permitted within the CON zoning district are shown in table of uses, section
4.48.
2) Conditional uses. Conditional Uses permitted within the CON zoning district are shown in table
of uses, section 4.18
4.16 Side Yard Setback Requirement.
On lots less than fifty-five (55) feet in width, uncovered structures, i.e. walkways, stairways, etc, may
encroach into one-half of the side yard setback requirement.
4.17 Accessory Building Setbacks:
Accessory buildings, provided that no accessory building shall -be rented or occupied for gain, and
provided that all accessory buildings shall meet the minimum dimensional requirements as defined herein.
Accessory building setbacks shall be:
Front yard, minimum required: Same as principal structure.
Side/rear yard, minimum required: Five (5) feet.
Separation between other structures: Five (5) feet.
C
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4.18 Table of Uses
USES
RA
R-10
R-5
R-5M
PUD
MHS
CON
Gl
C-1
MU
C-3
O&I
NB
Access Channels -
C
Accessory
P
Apartments
Accessory Buildings
P
P
P
P
P
P
P
P
P
P
P
P
Adult/Sexually
C
Oriented
Businesses
Agriculture &
P
Silvaculture —
Cropping, Fish
Farms, Seafood
Hatcheries,
Livestock
(excluding
intensive livestock
operations)
Airports & Airstrips
C
Alcoholic Beverages
P
P
— Packaged, Retail
Sales
Ambulance Services
P
P
P
P-
P
P
& Rescue Squads
Amusement Centers,
P
P
P
Indoor
Amusement Centers,
C
Outdoor
Animal Shelters
P
Assemblies
P
P
(assembly halls,
armories, stadiums
Automobile & Boat'
P
Repair & Service
Shops
Automobile & Truck
P
Rental .
Automobile Car
P
Wash & Cleaning
Businesses
Automobile Sales,
C
New & Used
Bakeries
P
P
Banks, Savings.&-
P
P.
P
P
Loans, Mortgage &
Loan Companies
Bars/Nightclubs
P
P
P
Beauty/Barber Shops
P
P
P
P
Bed & Breakfast
C
C
P
Inns, Tourist Homes,
Boarding Houses
Boat Docks, Piers,
C
Wharves, Mooring
Boathouses, boat
P
P
C
C
C
C
docks, fishing
piers, dry storage &
marinas (dry &
wet)(commercial)
62-

USES
RA
R-10
R-5
R-5M
PUD
MHS
CON
Gl
C-1
MU
C-3
O&I
NB
Boathouses, Docks
P
P
P
P
& Moorings
(residential
Building Supply -
P
Sales (with
outside storage)
Building Supply
P
P
P '
P
Sales (Inside
Storage Only)
Cabinetmaking
P
(interior work &
exterior storage)
Catalogue Sales
P
P
P
Cemeteries
P
P
Club or Lodge,
P
P
P
fraternal or civic
Telecommunicatio
C
P
P
n Towers
Community centers
P
and recreation
center building/
ground
Condominiums
P
P
Construction
C
Storage
Contractor,
P
P
P
General — Office
Only (no outside
storage of egpt.
-
Or supplies)
Contractor,
C
General (outside
storage of egpt.
or supplies)
Contractor, Trades
C
(no outside
storage of egpt.
or supplies)
Convenience
P
P
Stores
"Convention
P
Centers
Cruise/Excursion/
P
Dinner Boat
Dairy Product
P
P
P
Sales, On -
Premises, Retail
Only
Dancing
P
P
Establishments
(bar, cabaret,
disco, nightclub)
Day Care Centers
P
P
P
Delicatessen
P
P
P
(including
catering)

U
S
E
S
USES
RA
R-10
R-5
R-5M
PUD
MHS
CON
G-1
C-1
MU
C-3
O&I
NB
Drug & Alcohol
C
Treatment
Center
Dry Cleaning/
P
P
P
Laundry Facilities
Eco-Campgrounds
C
Laundromat
P
P
P
P
Dwelling,
P
P
P
Residential
Condominium
Dwelling,
P
P
P
Residential
Townhouse
Dwellings, Multi-
P
P
Family
Dwellings,
C
P
P
P
Manufactured
Homes for
Single Family
Dwellings, Single-
P
P
P
P
P
P.
P
P
Family"
Dwellings; Two-
P
P
P
P
Family
Exterminating
P
Service
Group Homes
P
P
P
P
Farm Supplies
P
Sales (not
equipment)
Flea Markets
C
Grocery Stores
P
P
P
P
Outdoor Plant
P
Nurseries
Fueling
7
P
Depots/Publicly-,
Owned Vehicles
Funeral Homes
P
Wild Game Farms
P
Gasoline Stations
P
P-
P
P
Health Clubs &
P
P
P
P
Fitness Facilities
Home Occupations
P
P
P
P
P
P
Home Professional
P
P
P
P
P
P
Offices
Hospitals
P
P
Janitorial Service
P
P
P
P
Kennels (Training,
C
Boarding, Sales
Laboratories,
P
P
Medical or
Dental
Large Animal
C
Medical Services
— Office Only
Light Industrial/
P
Manufacturing
Locksmiths &
P
P
P
Gunsmiths
64'

USES
RA
R-10
R-5
R-5M
PUD
MHS
CON
G-1
C-1
MU
C-3
O&I
NB
Personal Services
P
P
Mixed Use
P
P
P
Buildings
Mobile Home
P
P
P
Parks
Monument
P
Sales/Works
Museums
P
P
P
P
Nursing Homes
P
Offices, Medical
P
P
P
P
Offices
-
P
P
P
P
P
Parking Lots w/ or
P
P
P
P
w/out Shuttle
Parks & Recreation
P
Center, Publicly
Owned
Pawn Shops
P
P
P
Personal motorized
C
C
C
watercraft rentals
Personal non
P
P
motorized
watercraft sales
Photography,
P
P
P
P .
Commercial -
Plant Sales — Retail
P
P
P
Printing &
P
P
P
Reproduction
Facilities .
Public Buildings
P
P
P
P
P
P
P
P
P
P
P
P
P
Public or Private
P
P
P
P
P
P
P
P
P
P
P
P
P
Electric Utility
Substations
Public Utility
P
P
P
P
P
P
P
P
P
P
P
P
P
Distribution
Lines,
Transformer
Stations,
Transmission
Lines, Towers &
Water Tanks,
Sewer Plants
.Public Utility
P
P
P
P
P
P
Works, Shops,
Storage Yards,
Substations
Radio &
P
P
Television
Broadcasting
Studios
Radio/Television
P
P
P
P
Sales &.Repair
Shops
Rehabilitation
C
P
Facility,
Medical/Physical
Religious
C
C
C
C
C
P
P.
P
P
P
P
P
P
Institution
Restaurants
P
P
P
P
65

T
A
B
L
E
O
F
U
S
E
S
USES
RA
R-10
R-5
R-5M
PUD
MHS
CON
G-1
C-1
MU
C-3
O&I
NB
Restaurants/Drive-
P
In
Restaurant
P
w/Drive Thru
Retail Sales
P
P
P
P
Retail Sales, inside
P
P
P
& outside sales
Riding Academies
P
& Horse Stables
RV Parks
P
Schools,
P
P
P
P
P
P
P
P
P
P
Kindergartens,
Preschool,
Elementary,
Middle & High
Schools
Schools, Trade,
P
P
P
P
P
Business,
Technical,
Vocational or
Universities
Seafood Markets
P-
P
Shoe Repair Shops
P
P
P
P
Storage, Mini .
P
P
Storage
Storage, •
P
Warehouse
Tailoring,
P
P
P ,
P
Dressmaking,
Apparel
Alternations
Taxicab Operations
P
P
Theaters, Indoor
P
P
P
Theaters, Outdoor
C
Townhouses
P
P
P
Travel Agencies
P
P
P
P
P
Upholstering &
P
furniture
refinishing
Veterinary Offices
P
p
(indoor kennels
only)
Video Rental
P
P
P
P
Stores
Wholesale Sales,
P
inside buildin s
P = Permitted Uses
C =Conditional Uses

4.19 Setbacks
Zoning District
Minimum Lot
Lot Width
Front Yard
Side Yard
Corner Yard
Rear Yard
Lot Coverage
R-5
5,000
50'
15' * *
7.5'
10,
20'
40%
R-5M*
***
**
***
R-10
10,000
50'
25' **
7.5'
15'
20'
40%
MHS
5,000
50'
15' * *
7.5..'
10,
20'
40%
RA
20,000 *
100,
40' *
20'
25'
30'
40%
O&I
7,500
50'
25"*** I
10'***
25'
10,
50%
NB
5,000 *
50'
15' ***
10' ***
15'
10,
40%
C-1 residential
5,000 *
50'
.15' ***
7.5'
10,
20'
40%
C-1 commercial
2,500
25' .
10'***
0'
0'
3'
0%
MU residential
5,000 *
50' **
25' ***
7.5'
20'
20'
40%
MU commercial
5,000 *
50'.
10, ***
3'
09.
3'
50%
C-3
10,000
150' *
25' ***
10,
20'
10'
50%
G-1
PUD
See Section 4.8
CON
* See Establishment of Zoning District & Use Requirements by District for additional lot sizes.
** See Established of Zoning District & Use Requirements by District for additional width.
*** See Established of Zoning District & Use Requirements by District for additional setbacks.
**** See Established of Zoning. District & Use Requirements by District for additional lot coverage.
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SECTION 5.0 SUPPLEMENTAL DISTRICT REGULATIONS
5.1 Off -Street Parking and Loading. '
5.1.1 Off-street parking standards.
a) Purpose. The purpose of this section is to provide off-street parking standards that will
alleviate congestion in the streets and allow for the efficient storage of motor vehicles
while, concurrently, reducing'any adverse environmental impacts to the urban area. By
reducing glare, noise levels and air pollution to occupants and residents of adjoining
properties, and by controlling storm water drainage and soil erosion, these standards will
generally contribute to the public health, safety and general welfare of the citizenry and
will create a more aesthetically pleasing environment in the Town of Surf City.
b) Parking must be provided for new construction of principal building and certain instances
of alterations to existing sites and conversions of buildings from, one district use to
occupancy to another district or district use. No lands or buildings, or any part thereof,
shall be occupied or used for any purpose, nor shall any building permit be approved by
the Town Planner, until the owner of the real estate involved provides off-street motor
vehicle parking and driveways in accordance with the minimum requirements set forth
herein and in the section for truck loading (section 5.1.2), off-street parking spaces
(section 5.1.3), off-street parking design (section 5.1.4) and driveways (section 5.1.5).
No additional parking shall be required for the issuance of a building permit under
section 7.3 (Reconstruction of nonconforming uses). When an existing building or use on
the same lot is altered or expanded to increase its gross floor area by fifty (50) percent or
more, or whenever a conversion of buildings from any district use to. another district use
required additional off-street parking, all parking lot design requirements of this section
shall be met. Other off-street parking facilities for which a plan is required under section
5.13 shall be meet only those standards which the town planner or his designee determine
to be necessary to protect the public health, safety or welfare; except that this waiver shall
not apply to expansions that occur within two (2) years of each other as noted by the
dates the building permits were issued and that together would otherwise require all off-
street parking improvements. to be made. (See section 5.7 for application - of the
landscaping requirements to building or use expansions.)
c) Vehicle movement. All off-street parking areas, except those serving a single or two-
family housing unit, shall be arranged so that ingress and egress is by the forward motion
of the vehicle.
d) Location on other property. If the required automobile parking space cannot reasonably
be provided on the same lot as the principal use., it may be provided on a lot within two
(2) town blocks or six hundred fifty (650) feet (whichever is greater) of the principal use
structure. This parking area shall be held in fee simple by the owner of the use served, or
in another manner that assures continued availability for required parking, provided the
form of tenure shall be approved by the town attorney before such use is issued a
certificate of occupancy.
e) Nonresidential off-street parking in residential district. Such parking may be provided in
residential districts upon issuance of a conditional use permit as required in section 8.9.
f) Parking space in private driveways. Private driveways serving detached single and two-
a family housing units of sufficient size to meet the requirements of this section shall be
considered as providing the required off-street parking space.
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g) Safety barriers. All service stations, parking lots, display or sales areas for. motor
vehicles of any type shall erect a safety barrier inside the street yard exclusive of
driveway entrances. Such barriers shall beat least seven (7) inches in height and six (6)
inches in width, and shall be approved construction and otherwise designed to prohibit
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any overhang of motor vehicles in any public right-of-way.
h) Combination of parking spaces on a lot. Required parking spaces for any number of
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separate buildings or uses may be combined in one (1) parking lot, but the required
spaces assigned to one use may not be assigned to another use if the uses normally
at the same time.
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Aoperate
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Exception, to off-street parking standards.
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C-1 Central Business District. The provisions of subsection (b) shall not apply to
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the Central Business District, however, when such spaces are provided they shall be
designed in accordance with the minimum design requirements of this section.
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j) Use ofparkingfacilities.
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Limitations on use of required parkingfacilities.
a. Permitted use. Required parking spaces approved in accordance with this
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chapter shall only be used for the intermittent parking of licensed motor vehicles
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of employees, occupants, owners, tenants or customers utilizing the building
Eserved
by said required parking space.
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Gb.
-Storage, repair or display of any equipment or merchandise; shall not be
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permitted. Storage of vehicles for sale at an automobile dealership may be
permitted.
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Lc.
All parking areas not*in compliance with these requirements prior to the date of
Aadoption
of this amendment shall be rendered in compliance prior to January 1,
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2013.
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2) Limitations on use of supplemental parking facilities.
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a. Supplemental parking (parking facilities provided but not required) shall only be
used for the intermittent parking of licensed motor vehicles of employees,
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occupants, owners, tenants or customers utilizing the building served by said
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parking space with exceptions described below.
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Storage or repair of any equipment or merchandise shall not be permitted.
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Storage of vehicles for sale at an automobile dealership may be permitted.
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c. Display and sale of any merchandise shall not be permitted except as may be
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approved by the town through a temporary permit.
d. All parking areas not in compliance with.these requirements prior to the date of
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adoption of this amendment shall be rendered in compliance prior to January 1,
2013.
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5.1.2 Off-street loading
a) Location. All required loading spaces shall be located on the same lot and shall have the
same zoning as the use it is to,serve. No off-street loading space shall be located in a
required front yard or within a triangular sight distance. Loading facilities shall be
constructed so that all maneuvering will take place entirely within the property lines of
the facility. Interior off-street loading spaces may be located inside the structure it serves
provided the other provisions of this section, such as size and access, are meta
b) Size. Unless otherwise specified, an off-street loading space shall be twelve (12) feet in
width by forty-five (45) feet in length, exclusive of aisles and maneuvering space, and
shall have a vertical clearance of at least fifteen (15) feet.
c) Surfacing. All off-street loading spaces shall be paved with asphalt or concrete material,
or with alternative paving material (e.g., concrete pavers, brick, "turfstone" or similar
material) determined to exhibit equivalent wear resistance and load bearing
characteristics as asphalt or _ concrete, . of a type and thickness, capable of carrying,
without damage, the heaviest vehicle loads reasonably anticipated on such surface:
Loading spaces associated with parking facilities which are exempted from the paving
requirements of this ordinance (see section 5.1.4 (a) (4)) shall likewise be exempted from
these paving requirements.
d) Repair and service. No motor vehicle repair work. or service of any kind shall be
permitted in conjunction with loading facilities, except emergency repair service
necessary to relocate a vehicle to a normal repair facility.
e) Utilization. Off-street loading"space shall not be used to satisfy the space requirements
for off-street parking facilities or portions thereof, nor vice versa.
f) Similar use applicable. The Town Planner shall apply the off-street loading requirements
for the most similar use listed herein to an unspecified use.
g) Access. Each off-street loading space shall be provided with unobstructed ingress and
egress to a public or private street.

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h) Off-street loading requirements.
1) Uses handling goods in quantity. Uses which normally handle large quantities of
goods including, but not limited to, industrial plants, wholesale establishments,
storage warehouses, freight terminals, hospitals or sanitariums and retail sales
establishments shall provide off-street loading facilities in the following amounts:
Gross Floor Area of Required Number of
Establishment in Square Feet -Loading Spaces
Less than 5,000 N/A
5,000 to 9,999 1
10,000 to 24,999 2
25,000 to 39,999 3
40,000 to 100,000 4
2) For each additional one hundred thousand (100,000) square feet of gross floor area,
at least one (1) additional loading space shall be provided.
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3), Uses not handling goods in quantity. Commercial establishments which do not
handle large quantities of goods including, but no limited to, office buildings, .
restaurants, auditoriums, convention halls, coliseums, exhibition halls, funeral
homes, hotels. and motels shall provide off-street loading facilities in the following
amounts:
Gross Floor Area of Required Number of
Establishment in Square Feet Loading Spaces
Less than 5,000 N/A
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5,000 to 49,999 1
50,000 to 100,000 2
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For each additional one hundred thousand (100,000) square feet of gross floor area
at least one (1) additional loading space shall be provided.
5.1. Off-street parking space schedules
a) Unless otherwise required within the following schedule, all employers. shall provide one
(1) space per two (2) employees of the largest shift. Any visitor and/or company vehicle
parking shall not be counted to meet the requirements of this provision.
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b) Any nonresidential and/or public assembly use that does not provide for fixed seating
and/or is not listed within the table of.uses shall have its off-street parking requirements
established by the Town Planner as follows:
1) The maximum allowable occupancy number shall be determined in accordance
with the North Carolina State Building Code for the proposed use; and then,
2) That number for the proposed use shall be divided by three (3). The quotient of .
the above calculation shall be the minimum amount of off-street parking spaces
to be provided.
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c) . All nonresidential uses shall comply `with the requirements of'the North Carolina
Building Code or General Statutes for off-street parking spaces for the handicapped,
whichever is more stringent.
Required Number of Off -Street Parking Spaces
Use
Parking Spaces
Maximum
Minimum
Single Family
1 space per housing unit
Residential
Multi -Family
2.5 per unit maximum
0-1 bedroom 1.5 minimum
0-2 bedrooms 2 minimum
3 bedrooms or more 2.25 minimum
Duplexes, Mobile
2.5 per unit
0-1 bedroom 1.5 minimum
Home Parks and
0-2 bedrooms 2 minimum
PUDs
3 bedrooms or more 2.25 minimum
Outdoor Sales
1 space per 100 square feet of
oss floor area
Groceries, Personal
1 per 200 sq. ft. maximum
1 per 400 sq. ft. minimum
Services, Medical/
Health Facilities,
Adult Establishments,
Private Recreational
Facilities
Offices, Government
1 per 250 square feet maximum
1 per 400 square feet minimum
Uses, Personal
Services, Repair
Shops, Places of
Assembly
Auto Repair and
1 per 400 sfgfa' maximum
1 per 600 sfgfa' and 1 per 2,000 sq. ft.
Services, Contractor
of display area. minimum
Equipment & Supply
Studios, Silk
1 per 500 square feet of gross floor
Screening, Computer
area.
Services, Delivery
Services, Tire
Dealers
Transportation
1 per 1000 sq. ft. maximum
1 per 1,500 sq. ft. minimum or 1 per
Services,
1.5 employees
Manufacturing
Warehousing
1 space per 1,000. square feet of
gross floor area
Retail, Laundromats,
1 per 225 sq. ft. maximum
1 per 400 sq. ft. minimum
Bakeries
Motor Freight
1 space per 1,000 sq. ft. of non -
office floor area plus 1 space per
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Shopping Centers
Shopping Centers between 25,000
Shopping Centers between 25,000 &
_
& 99,000 sfgla - 1 per 225 sfgla2
99,000 sfgla - 1 per 400 sfgla2
maximum
minimum
Shopping Centers greater than
Shopping Centers greater than
100,000 sfgla — 5 per 1,000 sfgla2
100,000 sfgla — 4 per 1,000 sfgla2
maximum
minimum
Religious
1 per 3 seats maximum
1 per 4 seats minimum
Instifutions; Funeral
Homes; Civic, Social
Fraternal
Organizations
Movie Theaters,
1 space per 4 seats
Museums
Nursing & Personal
1 space per 4 beds
Care Facilities
Adult Day Care,
1 space per 8 pupils or residents
Child Day Care,
Family Care
Special Congregate
1 space per teacher and staff
_
Facilities, Elementary
person plus five spaces for visitors
& Jr. Schools
Schools
1 space per 5 students; or 1 space
for each 3 seats in auditorium and
other places of assembly or
facilities available to the public,
whichever is greater
Bowling Alley, Pool
1 space per alley . plus
Halls
requirements for any other use.
associated with the establishment,
such as a restaurant .
Hotels, Motels
1.25 spaces per guest room plus
requirements for any other use
associated with the establishment,
such as a restaurant
Golf Course
50 spaces per 18 holes
Nightclubs,
1 per 2.5 seats or 1 per sfgfa'
1 per 4 seats or 1 per 80 sfgfa'
Restaurants
exclusive of kitchen and restroom
exclusive of kitchen_ restroom facilities
facilities maximum
minimum
..Hospitals.
1 space per each 2 licensed beds
intended for patient use, plus 1
space per each staff person,
including medical and support
staff based on the - largest
employee shift
' sfgfa - square feet of gross floor area
' sfgla square feet of gross leasable area .
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General maximum allowable parking standards.. If a parking group does not contain a specific
minimum limit on the number of parking spaces, the maximum allowable parking spaces shall be
one hundred and fifty (150) percent of the minimum parking standard for such parking group.
a The maximum parking requirement will not be applicable to lots of twenty (20) parking group.
The maximum parking requirement will not be applicable to lots of twenty (20) spaces or less.
The maximum parking requirement may be exceeded by twenty-five (25) percent with pervious
surface parking. Also, an applicant may apply to the Planning Board for an additional twenty-
a five (25) percent of pervious service parking over and above the twenty-five (25) percent
previously specified. ,
ad) For manufacturing and warehousing uses containing a minimum (cumulative) structure
size of twenty-five (25,000) square feet and which are not generally dependent on walk-
in trade for their business operations, the parking requirement may be reduced to a
minimum of 1.15 parking spaces per employee on the shift of the average greatest
employment after review of said business operations by the Town Planner.
e) For parking facilities containing twenty-five (25) or more stalls or spaces, one (1)
required space may be designated exclusively for bicycle parking. Thereafter, one (1)
space may be designated exclusively for bicycle parking at the.rate of one (1) for every
a one hundred (100) motor vehicle spaces. Spaces must adhere to the following additional
requirements.
1) . Bicycle parking spaces must be clearly signed and marked "for bicycle use only,"
or words to similar effect.
2) Conversion of bicycle parking to motor vehicle parking shall not be allowed
aunless the entire parking facility complies with the requirements set forth in this
article.
' 3) Any space set aside for bicycle parking shall be equal in size or larger than the
largest space required for motor vehicle parking.
f) _ Wet boat slips can count towards the required parking providing no more than a
maximum of twenty-five (25) percent of the required spaces can be devoted to the wet
boat slips.
5.1.4 Off-street parking design.
a) Purpose. The purpose, of this section is to protect and promote the public health, safety
and general welfare by requiring safe and adequate design of parking lots and the
landscaping of such facilities which will:
1) Help to reduce wind and air turbulence, heat and noise and glare; .
2) Act as a natural drainage system lessening storm water drainage problems and soil
Derosion;
3) Provide shade;
4) Conserve and stabilize property values and otherwise facilitate the creation of a
convenient, attractive and harmonious community; and
a -
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5) .Relieve the blighted appearance of parking lots and generally preserve a healthy
and pleasant environment.
b) Plan.
(1) Prior to any work being done or any building or driveway permit being issued, all
off-street parking facilities of five (5) or more spaces and/or twenty-five hundred
(2,500) square fee constructed, reconstructed, revised or enlarged shall have a plan
of the facility reviewed by the town planner for compliance with General Statues
and town ordinances.
(2) The plan shall show the number, size and location of spaces; arrangements of
circulation aisles; locations of driveways; provisions for vehicular and pedestrian
circulation; locations of sidewalks and curbs on or adjacent to the facility; barriers
or wheel stops; interior, perimeter and street side _landscaping; locations, legend
and details of signs; lighting standards; typical cross-section of pavement; storm
drainage facilities; and other pertinent information necessary to indicate
compliance with this section.
c) Design criteria.
(1) Maneuvering. All parking and loading facilities shall be constructed so that all
maneuvering will take place entirely within the property lines of the facility.
(2) Barriers. Each parking space located at the perimeter of a parking facility shall be
equipped with a curb, wheel stop, or similar device to prevent vehicle
encroachment beyond property lines of parking lots and into pedestrian ways or
traffic aisles.
(3) Vision clearance. Parking lot design shall comply with the vision clearance
provisions, set forth in the section 5.3 (visibility at intersection in residential
districts) herein.
(4) All new, enlarged or repainted parking facilities shall comply with the following:
a. A standard parking space shall have a minimum width of nine (9) feet and a
minimum length of eighteen (18) feet.
b. Parking spaces for small vehicles may be provided in lieu of standard -parking
spaces for parking decks and for residential, non -medical office, warehousing,
and industrial uses. However, no more than twenty-five (25) percent of the
total number of required parking spaces shall be small vehicle spaces. The
minimum width of a small vehicle space shall be eight (8) feet and its
minimum length shall be sixteen (16) feet. Small vehicle parking spaces shall
be designated by proper signage alerting drivers to the limitation of space size.
Small vehicle parking spaces are not permitted in conjunction with other uses
than those listed above.
C. Spaces larger than the standard size are permitted, provided at least the
minimum number of spaces required are furnished.
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d. All' nonresidential uses shall comply with the requirements of the North
Carolina Building Code or General Statutes for off-street parking spaces for the
handicapped, whichever is more stringent.
e. All parking facilities containing twenty-five (25) or more spaces or stalls shall
be paved with concrete or asphalt material, or with alternative paving material
(e.g., concrete pavers, brick, "turfstone" or similar material) determined to
exhibit equivalent wear resistance and load bearing characteristics as asphalt or .
concrete, according to the parking lot_ standards.
f. All parking facilities containing between five (S) and twenty-four (24) spaces
or stalls, inclusive, may be paved or surfaced with a stone material; provided
that all spaces set aside for parking by handicapped persons must comply with
all applicable codes, ordinances and technical requirements, and paved access
to a handicapped -accessible entrance to the principal building must be
provided.
g.. Alternative parking surfaces. The town may require that parking proposed in
excess of the minimum standard be stabilized grass parking or an alternative .
permeable surface appropriate to the specific site. Alternative parking surfaces
shall be adequately maintained to provide a stable parking surface.
h. Shared parking studies. Multi -purpose developments may perform parking
studies proposing a reduction in the amount of required parking. The requested
reduction in required parking may be justified by the difference in peak hour
demand for the different uses (i.e., a movie theater and an office building may
propose to share parking spaces due to their different_ peak hour demand for
parking). The provision of transit service and transportation demand measures
such as ride sharing, van pooling, and non -peak hour shift changes may also be
studied as factors that may reduce the amount of required parking.
i.. Drainage. No storm water drainage from a parking facility shall cross the
surface of any adjoining public right-of-way to reach a storm water drainage
system.
S.I.S Driveways
a) Improvement to existing residential driveways will not be required to submit engineered
plans if previous materials are used. Any other, materials used will require an engineered
plan for stormwater management. Materials acceptable for driveways shall include pervious
concrete, gravel, stone, or any other pervious material.
b) Driveway width.. The maximum width of a driveway is twenty-four (24) feet in width.
On roadways maintained by the NC DOT, the maximum width shall be determined by the
NC DOT permitting office:
c) Stormwater permits. A separate stormwater permit must be obtained for all new
driveways.

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5.2 Fences. a
5.Z1 Residential fences.
Fences not exceeding a height of four (4) feet shall be exempt from the yard and building D
setback line requirements of this ordinance. Fences not exceeding a height of six (6) feet
to be erected only in side or rear yards shall be exempt from yard and building setback
line requirements of this ordinance, provided that no fence exceeding a height of four (4) D
feet will be constructed within fifteen (15) feet to any street. In all cases, the corner
visibility provisions of this ordinance shall be observed..
-Non-opaque fences up to six (6) feet above lot grade level provided that no fence shall be
located within fifteen (15) feet of any street. (Chain link or rail fences not more than three
(3) rails no closer than eighteen (18) inches apart are hereby determined to be non -opaque
fences).
Opaque fences and retaining walls of any height and non -opaque fences more than six (6)
feet above lot grade level upon approval of the planning board. a
Public works uses and public utility substations such as tanks, pumping stations, -
treatment stations, electric substations, oil pipelines and telephone substations shall
provide that all dangerous apparatus shall be enclosed by a chain link fence at least six .
(6) feet in height; no vehicles or materials shall be stored on the premise and no offices
shall be permitted; and the landscape is screened with shrubs and other vegetation so as
to blend with the surrounding area.
5.2.2 Non-residential fences..
All dangerous apparatus shall be enclosed by a chain link fence at least six (6) feet in
height; no vehicles or materials shall be stored on the premise and no offices shall be
permitted; and the landscape is screened with shrubs and other vegetation so as to blend D
with the surrounding area.
5.3 Visibility at Intersections in Residential Districts.
On a corner lot in any residential district, nothing shall be erected, placed, planted, or allowed to
grow in such a manner as materially to impede vision between a height of three (3) and ten (10)
feet above the . centerline grades of the intersection streets; and in the area bounded by the
centerlines of intersecting streets and a line joining points along said centerlines eighty (80) feet
from the point of the intersection.
5.4 Exceptions to Height Regulations.
The height limitations contained in the dimensional requirements by districts do not apply to
spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances
usually required to be placed above the roof level .and not intended for human occupancy.
5.5 Parking Storage or Use Of Major Recreational Equipment.
For the purposes of these regulations, major recreational equipment is defined as including boats
and boat trailers, recreational vehicles, pickup campers or coaches (designed to be mounted on
automotive vehicles), motorized dwellings, tent trailers and the like, and cases or boxes used for
transporting recreational equipment, whether occupied by such equipment or not.
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No major recreational equipment shall be used for living, sleeping, or housekeeping purposes
unless it is located in a campground being legally operated under this ordinance or its owner has
been issued a temporary use permit, as provided in this section, for use on (in the case of land-
. a based equipment) or at (in the case of a boat) a residential lot. This provision is intended to limit
living, sleeping, and/or housekeeping use of major recreational equipment to permitted
campgrounds and to temporary visitors to residential homes.
Parking or storage of major recreational equipment is, except as noted above, limited (1) to the
property of the owner of the equipment, (2) to properly zoned storage or sale facilities, to parking
associated with registered guests at motels and other rental accommodations, and (3) to parking
athat does not exceed twenty-four (24) hours on private parking lots.
Temporary permits for the use and occupancy of major recreational equipment on or at residential
alots may be issued by the town planner or his/her designee subject to the following conditions: -
1) A permit shall be valid for a maximum period of thirty (30) consecutive days; provided
that no subsequent permit shall be issued to the same owner of major recreational
equipment or owner or tenant of a lot of record any sooner than thirty (30) consecutive
days following the expiration of a prior period of permitted use;
a2) A permit shall be issued in the joint names of the owner of the major recreational
equipment and the owner or tenant of the lot of record on which the major recreational
equipment is located;
3) A permit shall specify the address of the lot of record on which the major recreational
equipment shall be placed. Such permit_ shall be valid only when the major recreational
equipment is placed on the lot of record specified in the permit;
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4) No major recreational equipment placed on a lot of record pursuant to a permit shall be
rented or leased for any. period of time whatsoever;
5) No major recreational equipment placed on a lot of record pursuant to a permit shall be
connected directly or indirectly to the city water or sewer system;
6) At the issuance of a permit, a fee shall be collected in accordance with the Town's fee
schedule.
7) Any permit issued pursuant to this section shall be immediately invalid in the event the
permitted major recreational equipment is used in violation of the provisions of this
section.
5.6 TV Dish Antenna.
1) A dish three (3) feet or less in diameter and six (6) feet or less in height, can be located
anywhere on the lot.
2) A dish three (3) feet or less in diameter and greater than six (6) feet in height, can be
attached to a structure.
O3) A dish greater than three (3) feet in diameter must go in the rear yard.
4) Irrespective of these requirements, if another location is necessary in order to receive
transmission signals, the Board of Adjustment can grant a modified form of a variance.
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5) Before installation of a dish, a permit issued by the town planner shall be obtained from
the town in accordance with the town's fee schedule.
5.7 Landscaping and Tree Requirements.
1) Intent.
a) The intent of this ordinance is to protect, maintain and improve the visual character
of the Town of Surf City. The landscape requirements in this ordinance are designed
to minimize the visual impacts from adjacent properties as well as protect against the
transmission of noise, dust, odor, litter, and glare of lights. Landscape requirements
help to provide a sense of space and create a sense of privacy. The use of new and
existing landscaping will enhance the appearance of new development and help this
development blend in with the natural environment.
b) Landscaping includes not only trees, "shrubs, grass, and ground cover, but open
paving stones, benches, fountains, and exterior lighting fixtures. All non -vegetative
landscaping must be incidental to the overall landscaping plan.
c) When possible existing vegetation shall be used. Preservation of existing vegetation
not destruction of vegetation is the intent of this ordinance.
2) Applicability.
a) The requirements of this section shall apply to all zoning districts..
b). All development plans shall comply with the provisions of this section. A change of
use or expansion of existing heated square footage of an existing building and
expansion and/or paving of parking and loading areas also shall require compliance
with this section.
3) Types of Landscaping.
.Type A (Screen/Buffer).
Location and Required Usage: Side and rear property lines excluding parking areas in
all commercial zoning districts and/or commercial uses.
A perimeter landscaped area with a minimum landscape area of (5) five feet shall be
provided along property lines; property lines abutting any street shall maintain a
minimum depth of ten (10) feet. Landscaping in the C-1 or MU zoning districts shall
be equal to the minimum yard space requirements for said use unless ample yard
space is available, if so then a larger buffer will be required up to five (5) feet for
property lines not abutting a side street and up to ten (10) feet for properties that abut
a side street. _

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Type B (Semi -Opaque Screen).
Location and Required Usage: Perimeter yard of all parking and loading areas for all
commercial uses.
This type functions as a semi -opaque screen from the ground to at least a height of
four (4) feet for screening of car lights and glare. This buffer may consist of planted
or existing vegetation. Shrubs shall be planted in a minimum five (5) gallon container
and shall be planted with no opening wider than four (4) feet. At least seventy-five
(75) percent of required shrubs shall be evergreen species native to the area.
Type C (Interior Plantings).
Location and Required Usage: Interiors of all commercial parking areas.
This type functions as a tree ceiling over a parking area providing shelter from the
sun and rain. These trees are intended to reduce the speed and volume of stormwater
as well as keep the temperature of the pavement lower for a reduced impact from
heated stormwater. No parking space shall be more than sixty (60) feet from the base
of a canopy tree. The use of different species of trees within the lot is encouraged to
promote diversity in the Town's overall tree canopy. The use of existing trees is
encouraged. Landscape islands shall be placed at the end of each parking isle. The
maximum depth of a parking isle shall be eighteen (18) feet. Landscape islands shall
be a minimum of one hundred sixty-two (162) square feet. .
Type D (Street Trees). .
Location and Required Usage: Along all street frontages (all districts).
This type functions as a unifying element along all street frontages by establishing an
attractive and consistent streetscape. Street trees soften the transition from the street
to the private yard and provide shelter to the pedestrian and vehicular traffic. Trees
shall be spaced twenty (20) foot on center. Trees that grow larger and need more
room for growth may be planted at a maximum of forty (40) feet on center. with the
approval of the Community Development Department.
Type E (Residential Tree Canopy).
Location and Required Usage: All residential properties.
This type functions to maintain and/or replenish the tree canopy in areas of new
residential development. Each lot shall provide canopy trees in accordance with the
following 'schedule:
Lot Size
Required Number of Canopy
Trees
Less than 10,000 square feet
1 front yard,
1 rear yard
10,000—15,000 square feet
1 front yard,
2 rear yard
15,001— 20,000 square feet
2 front yard,
2 rear yard
More than 20,000 square feet
3 front yard,
3 rear yard
* Oceanfront lots are not required to plant rear yard canopy trees.
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The use of existing vegetation to satisfy this requirement is encouraged. Existing
canopy trees over six (6) inches in caliper may be counted towards fulfilling this
requirement. Required street trees may not be used to fulfill this requirement. All
trees required under this section shall be planted within the private lot.
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4)
Standards -for New Planting. Landscaping should be of sufficient size that mature
appearance be achieved within three to five years of installation. All trees which this
D
section requires to be planted shall be at least eight (8) feet high. above the ground and 2
inches in caliper at the. time of planting and all shrubs which this section requires to be
planted shall be measured at least five (5) gallons in container size and three (3) feet
D
above ground level. No artificial plants are allowed.
All landscaping required by this ordinance shall come from the North Carolina
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Cooperative Extension Services publication "Plants for Seashore Conditions" in order to
maintain native species tolerant to coastal conditions.
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5)
Irrigation.
a) All required landscape areas is encouraged to be irrigated or utilize plants which are,
drought tolerant.
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b) Irrigation systems shall minimize spray onto pedestrian and vehicular travel ways:
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6)
Landscape Maintenance. To encourage the continuance of landscape areas, the owner(s)
shall be jointly and severally responsible for the continued proper. maintenance of
landscaped areas. The owners) shall be notified in writing by the Community
Development Department of any areas. that are not being properly maintained and the
owner(s) shall, within fifteen (15) calendar days from the time of notification, restore the
landscaped area(s) to a satisfactory condition. _
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7)
If any other reference to landscaping is made within this ordinance which is in conflict:
With this section of the ordinance it shall be the responsibility of the owner to follow the
stricter of the regulations.
8)
Refuse containers.
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a) All commercial container enclosures shall be screened on three (3) sides by a fence
eleven (11) feet wide. The screening height shall be eight (8) feet.
b) The opening for the removal of trash pick-up shall be eleven (11) feet wide; no gates
are required.
c) All refuse shall be in the containers or within the confines of the enclosure. Violation
of this provision shall be subject to a civil penalty as described in Section 1-6 of the
Code of Ordinances of. the Town of Surf City.
d) Landscaping at driveways and intersections.
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1. A minimum sight triangle shall be maintained at all driveways and street
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intersections. Within the sight triangle, no material, signage or any other
obstruction shall interfere with an individual's vehicle sight line. No plant
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material shall exceed thirty (30) inches in height at maturity; trees shall be
trimmed so that branches are at least seven (7) feet above curb level.
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2. The minimum sight triangle for driveways shall be ten (10) feet by twenty (20)
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feet on each side of the driveway and shall be measured as follows:
a. Begin at the point where the edge of the driveway intersects with the street
edge.
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b. From this point, measure twenty (20) feet along the street edge, away from
driveway edge.
c. From the same point, measure ten (10) feet toward the interior of the
property, along the driveway edge.
d. Connect the two (2) points established by the above method to form the
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required sight triangle.
3. The minimum sight triangle required at street intersections for other than those
that intersect state -maintained roads, shall be twenty (20) feet by twenty (20) feet
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and shall be measured as follows:
a. Begin at the property corner point, where .the right-of-way lines of both
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streets intersect.
adirection.
b: From this point, measure twenty (20) feet along the right-of-way in each
c. Connect the two (2) points established by the method above to form the
required sight triangle.
5.8 Foundation Survey. -
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In all zoning districts, foundation survey is required when piling or alternate foundation is
installed before proceeding with erection of any building.
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Stormwater Management Plan.
.
A stormwater management ordinance is adopted for the purpose of protecting surface water and
ground water quality, to protect and promote public. -health, safety, and general welfare with
guided plans that limit storm water run-off, pollutants, road ponding, environmental concerns and
afollowing
to avoid any further problems through the adoption of sound stormwater run-off practices. The
requirements shall be met prior for all new residential and commercial development .
before a certificate of occupancy can be granted:
a
1) A stormwater management/driveway permit issued by the Community Development
Department for all commercial and residential property.
a) Property used for residential purposes containing 10 acres or more may not. be require
to obtain stormwater management permit. Applicants must prove to the Community . .
Development Department that adequate measures have been taken to contain the first
inch and a half (1 ''/z") of rainfall in a twenty-four (24) hour period.
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2) All stormwater run-off generated on any commercial or residential property must be
contained on site for the first inch and a half (1'/s") of rainfall in a twenty-four (24)_ hour
period;
3) A licensed engineer must design Stormwater systems. It will also be the engineers
responsibility to ensure that the system has been installed properly and give written
approval to the Town that said system meets all design criteria.
4) All stormwater management systems shall be maintained in proper working condition. If
there is evidence that a system may not be performing properly, the Community
Development Department may require that the system be tested and that a qualified
professional certify its performance in accordance with the stormwater management
standards.
5) Failure to comply with the provisions of this section and/or failure to comply with any of
its requirements shall constitute a misdemeanor, punishable as set forth in the Town code
and North Carolina state law.
5.10 Outdoor Lighting.
The purpose of this section is to provide direction in controlling light spillage and glare so as not
to adversely affect motorists, pedestrians, adjacent properties and the extremely sensitive turtle
population. Lighting intensities should be controlled to assure that excessive lighting and glare
are not directed at -adjacent properties, neighboring areas, motorists as well as the beachfront
and/or sound front.
5.10.1 Outdoor Lighting Standards
The following applies to commercial lighting unless specifically denoted:
1) Outdoor lighting shall use shielding to prevent light from illuminating the nighttime
sky and from spilling onto adjoining property.
2) The maximum pole height shall be twenty-four (24) feet (including. residential).
3) Light fixtures using more than six hundred (600) watts shall be full cut-off light
fixtures. Low intensity lighting is preferred.
4) . All lighting, including glare, shall be contained on site (including residential).
5) All illuminated signs must be lit internally -or lit by top -mounted lights pointed
downward, including billboards.
6) Commercial and residential lighting shall not shine into vehicular travel lanes.
7) Any commercial lighting to face the beachfront shall be approved by the Community
Development Department. No light shall project directly at the beachfront (including
residential).
8) Outdoor lighting shall be minimized after the close of business. Only lights for
security, parking areas and walkways shall be left on. Reduced lighting is
encouraged after midnight for all lighting sources on -site.
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Lights shall be maintained in proper working condition.
5.10.2 Effective Date
aLighting
installed is except:
already
when these regulations were adopted exempt
1)
Lighting found by a government agency to create a public hazard can be ordered
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removed or altered at any time. _
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2)
Any lighting damaged by more.than fifty percent (50%) of its value shall be made to
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comply with this ordinance.
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3)
Upon installation of any new lighting, this ordinance shall fully apply. An inventory
of existing lighting submitted by the applicant will be required when the application
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for installing lighting is
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new made.
a5.10.3
Prohibited Lighting
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1)
Neon lights on the exterior of a building.
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-Neon lights on the exterior of a sign..
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3)
Flashing, blinking or rotating lights.G
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Examples of Full Cut -Off Light Fixtures
Yes
Definition
A full cutoff light fixture cuts off
all upward transmission of light.
D•
Yes
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Flat glass lens, eliminates or minimizes direct glare, no upward throw of light. The housing for these
fixtures is available in many styles. D
Yes
No D
Same fixture D
as above mounted
\ incorrectly —defeating the
horizontal mounting design, The
fixture now produces direct glare, and can
also produce uplight at steeper mounting angles. D
Known as just "Cutoff'. Center "drop" or "sag" lens with or without exposed bulb, produces direct glare.
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No .
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Forward -Throw Style. Exposed bulb in the forward direction produces some direct glare. D
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5.11 Mini -Storage Facilities.
Mini -storage facilities, provided that they are buffered with dense evergreen trees and shrubs not
less than six (6) feet in height and of a spread and spacing so as to form a continuous, unbroken
screen between the storage facility and adjoining properties. Where natural vegetation does not
provide sufficient screening, the boundaries of the site shall be planted with a screen of dense
evergreen trees and shrubs, each plant.with a moderate to rapid growth rate to a mature height of
at least six (6) feet. Growth spread and spacing of the individual plants shall provide a
continuous, unbroken screen on maturity. Vegetation shall be selected from those listed by the
NC Extension Service as being appropriate for coastal North Carolina and which meet the growth
rate, height, and spread criteria specified above. All light produced on site.shall be contained
within the perimeter of the site bydesign, orientation, or shielding of the light source.
5.12 Sidewalks.
Any new commercial development, residential development of more than three lots and/or units,
or any change of use shall construct sidewalks along the property street frontage.
1) Wherever possible, sidewalks shall provide a continuous pedestrian network..
2) Sidewalks shall be shown on site plans for review by the town.
3) Sidewalks shall comply with the Americans With Disabilities Act and shall be a
minimum of five (5) feet in width.
4) New residential development shall construct sidewalks on both sides of the street except
on cul-de-sacs where only one side of the street is required to have sidewalks.
5) Sidewalks shall be constructed of concrete and be a minimum of four (4) inches thick.
6) All sidewalks shall be constructed within the street right-of-way.
5.13 Development Plan And Design Requirements.
All Development other than Single-family Detached and Two-family and/or Accessory Buildings
thereto on individual lots and/or tracts not proposed for subdivision shall be in conformance with
an approved Development Plan. Exception is taken to farming and/or agriculture whereby the
Principal Use of the Development meets the definition of a Bonafide Farm as defined in Section 3
herein, and/or where variance is granted from compliance with this requirement.
5.13.1Development Plan Requirements and Procedures
All Development Plans shall be required to satisfy the following requirements and procedures,
and satisfy the requirements of Sub -section 5.13.8, Design requirements, herein.

5.I3.2 Application and Approval Process in General .
D Applicants requesting a Zoning Permit for Development other than that specifically excepted
herein above shall submit a Development Plan (together with any and all required technical data
specified and/or requested) for review by the Town Planner or his/her authorized designee.
V Approval of a satisfactory Development Plan is pre -requisite to the issuance of a Zoning Permit.
E ' Applicants are required to submit a sketch plan. Guidelines for sketch plans are set forth in sub
1. section 5.13.5 herein. The purpose of the sketch plan is to incorporate recommendations from
Town staff concerning the development before meeting to discuss specifics with Town Planning
Q Board and Council.
P The applicant is encouraged to incorporate staff recommendations before submittal of the
M Development Plan before submittal. Sketch plan approval does not constitute approval of the
Development Plan and may not be substituted for any required approvals.
_E
Development Plans involving new construction of more than five thousand (5,000) square feet of
N Gross Leasable Area must be approved by the Town Council before issuance of a Zoning Permit.
The Town Planner and the technical review committee shall review and make recommendations
T _ prior to recommending action by the Council; furthermore, the Town Planner may return the
Development Plan to the applicant for revision and/or additional information before
recommending action by the Council. All other development plans are exempted from Council
P approval; however, require the approval of the Town Planner. All Development Plans must bear
L the original signature of the Town Planner to be deemed approved.
A Upon submittal of a Development Plan and all required materials specified by the Town Planner,
the Town Planner shall have twenty (20) working days to either return the Development Plan to
N the applicant with non-compliance findings noted, or notify the applicant of an
approval/rejection/recommendation for approval/return for revision and/or additional information
(depending on the source of the approval, i.e., Town Council or Town Planner). Notification may
be verbal, but must be documented in writing within thirty (30) days following the notification
R. date. Each time a Development Plan is rejected, revised or returned for additional information,
E the timetable for official action shall begin anew. Should a period of thirty (30) days elapse
between the submittal of a Development Plan and the issuance of a written notification, then the
QDevelopment Plan shall be deemed approved/recommended for approval.
U Where Town Council approval is required as specified herein, the Council shall have forty-five
I -(45) days following receipt of the Town Planner's recommendation to _take action either to -
approve or reject the Development Plan. Failure of the Council to act on the Development Plan
R within the specified period shall deem approval of the Development Plan as submitted.
E Applicants wishing to rejected Developments Plans or submit substantial revision, as
M determined by the Town Planner, approval Development Plans must re -apply for a Zoning Permit
satisfying all of the requirements required herein.
E Applicants requesting Development Plan review/approval shall be required to pay a review fee in
N accordance with the fee schedule at the time of each Development Plan submittal and/or request
for substantial revision.
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5.13.3 Effect of Development Plan Approval -Validity -
Approval of the Development Plan shall authorize the applicant to proceed with the installation of
site improvements provided all other regulatory requirements are satisfied. Approval shall not
authorize the sale or transfer of lots/tracts/units, nor the occupancy/use, nor the revision of the
approved Development Plan. Development Plan approval . shall be void unless installation of
improvements is in accordance with the approved Development Plan and/or approved revisions
thereto. Development Plan approval is valid for a period of nine (9) months from the date of
approval; however, approved revisions shall not constitute additional time unless specified in
writing by the Town Planner upon approval of said revisions. Substantial revision to a
Development Plan requiring re -application as described in Section 5.13.2 may constitute a new
validation period.
Projects requiring more than nine (9) months for construction and completion may request
additional time in either the application or a subsequent letter or request; however, no approval
shall be granted for a period greater than two (2) years. Projects requiring phased construction or
approval for periods exceeding two (2) years shall submit Development Plans for each phase or
for each extended period of construction, subject to the discretion of the Town Planner.
5.13.4 As Built Plans —Validity and Effect
A set of as -built drawings and technical data shall be prepared by the applicant and submitted to
the Town Planner for review of compliance prior to occupancy and/or use of developments
requiring Development Plan approval. The Town Planner shall notify the applicant within fifteen
(15) days of receipt of the Development Plan as -built drawings and technical data, of any non-
compliance or deficiency in .information. As -built drawing(s) and technical data shall be kept on
file at the community development department along with one copy of the approved
Development Plan and any approved revisions thereto. Refer to Sub -sub -section 5.13.7 herein.
Development not in compliance with an approved Development Plan shall not be eligible for
occupancy/use until all corrective measures are taken to satisfy the requirements herein.
5.13.5 Sketch Plan Requirements and Procedure
The sketch plan should be drawn to scale, preferably the scale required for Development Plan
submittal. Required information shall include the following:
a) Property Boundaries and total acreage;
b.)' Major topographical and physical features (i:e. water bodies, slopes, buildings,
streets, etc.);
c) Proposed streets, buildings and/or lot arrangements;
d) Existing and proposed land use with brief project description including building
sizes, unit sizes, lot sizes, open space, amenities, etc.;
e) Name, address and telephone number of applicant and persons (firm) preparing
the Development Plan;
f) Adjacent Street names, numbers and right-of-way widths; and
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g) Zoning district classification of site and surrounding properties, including those
across streets.
The sketch plan shall be submitted providing at least five (5) copies.
5.13.6 Development Plan Requirements and Procedure
The Development Plan shall be submitted 'providing the minimum required information and
should contain all applicable recommended information. The Development Plan shall be drawn to
a scale of one inch equals twenty feet (1"=20') unless otherwise approved by the Town Planner.
Required information may. be waived and/or recommended information required at the discretion
of the Town Planner, where special circumstances avail.
1. Required Information for Development Plan:
a) Existing and proposed topographic contours at vertical intervals. no greater than five
(5) feet, of development area;
b) The location, use and outline of existing and proposed buildings and structures;
c) The location of proposed Open Spaces;
d) The location, name, pavement width and right-of-way width of existing Streets;
e) The location, name, pavement width, curb type, right-of-way width, pavement type,
sidewalk location and curb cuts of all proposed Street and parking facilities and site
improvements (refer to Section 5.1, 5.13.9, & 5.13.10);
f) The location of all existing and proposed utilities including electrical, water, sewage,
telephone, fiber optic, and gas facilities (including easements)
g) The location of all existing and proposed drainage facilities necessary to serve the
site (including easements);
h) Schedule of densities showing the number and type of Dwellings per acre;
i) Schedule of Building Uses, by type, showing the number of bedrooms, the number of
units and floor area:
j) Buffer and screening devices proposed to separate Uses within the development;
k) Proposed perimeter buffers and screening devices (refer to Section 5.7);
1) Proposed schedule of development for each phase of the project showing anticipated
time for completion and estimated completion dates;
m) Property line survey and acreage data;
n) Vicinity map at a scale of one inch equals four hundred (F = 400) feet and
encompassing an area no less than one-fourth mile in radius of the site and including:
1) existing streets
2) existing water courses and Flood Hazard Areas as determined by FEMA
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3) existing land uses on the site and in the area surrounding the site
o) Written and graphic scale, north arrow and title;
p) Proposed name of Development;
q) Technical report containing:
(1) a description of the project including general characteristics, development
concept, architectural design and amenities;
(2) a general assessment of impact showing the proposed impact upon all affected,
utilities, transportation facilities, the environment, the local economy and local
government; and _
(3) engineering report to demonstrate adequacy of existing and proposed public
facilities; .
r) Name, address and telephone number of the applicant. and persons (firm) preparing
the Development Plan.
s) Zoning ,district classification of site and surrounding properties, including those
across Street(s);
t) Owner names of surrounding properties; and
u) Existing driveway cuts on all adjacent properties (including those across the street(s).
The Development Plan shall be submitted providing at least five (5) copies. Development Plans
requiring consideration by the Town Council shall be submitted in sets of fifteen (15) copies for
Planning Board and ten (10) copies for Council upon acknowledgement by the Town Planner.
Applicants are encouraged to submit the ten (10) copies for Council review after receiving and
incorporating comments resulting from the Planning Board's recommendation. Facilities and/or
improvements proposed for dedication to the State of North Carolina, Pender or Onslow County,
and/or Town of Surf City and/or their political subdivisions shall be submitted for design
approval and Plan: Prior to constructing, detailed plans and specifications, prepared by a licensed
professional engineer, shall be reviewed and approved by each relevant entity in accordance with
their respective policies regarding said facilities and/or improvements. Approval of the
Development Plan_ does not imply or satisfy approval requirements for such facilities and/or
improvements.
5.13.7. As Built Development. Plan Requirements and Procedure
The as -built Development Plan shall be submitted in. accordance with section 5.13.4 herein and
the following requirements:
1) The as -built Development Plan shall constitute only that portion of the approved
Development Plan proposed for occupancy and/or use at that time.
2) An as -built Development Plan may be required to show or be accompanied by the following
information subject to the discretion of the Town Planner.
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a. Name of Development;
b. Date including the month, day and year of the original drawings and of each revision;
c. Names and addresses of the owner of record, the applicant, the land planner, the
surveyor and the engineer;
d. Boundary lines of the Development with distances accurate to hundredths (100t) of a
foot and bearings of one-half ('/2) a minute;
e. Radii, central angles, tangents, length of arcs and curvature of all new Street lines;
f. Lines and widths of all easements with dimensions accurate to hundredths (100th) of a
foot and notation of the purpose of the easement or any limitations on its use;
g. The location and elevation of the benchmark to which contour elevations refer;
h. Lot numbers and a statement of the total number of lots. Lot lines shall be defined by
distances in hundredths (100th) of a foot and in degrees to the nearest one-half (%z) of
a minute, either by -magnetic bearings or by angles of, deflection from other lot and
street lines; .
i. Building.setback lines with dimensions;
j. ' Statement of the intended use of all non-residential areas, with reference to existing
or proposed restrictions as. will exist in covenants in the deed;
k.. Accurate boundaries and specific designation of any area to be dedicated or reserved
for public use of acquisition; and
1. Accurate boundaries and specific designation of any area to be reserved by deed
covenants or restriction for the common use .by owners of land" contained within the
subdivision:
3) The as -built Development Plan shall bear each of the following certifications (where
applicable); executed by the appropriate authorized persons:
a) Certificate of Ownership and Dedication
I hereby certify that I am the owner of the property shown and described hereon, which is
located in the Corporate Limits of the Town of Surf City or Extraterritorial Jurisdiction, if
applicable, and that I hereby adopt this Development Plan and/or plan of subdivision with my
free consent, establish minimum building setback lines, and dedicate all streets, walks, parks,
and other sites and easements to public or private use as noted. Furthermore, I hereby .
dedicate all sanitary sewer, storm sewer and water lines to the appropriate agency.
Date Owner
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ab)
Certificate of Survey and Accuracy
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certify that this map was (drawn under my
supervision) (deed description recorded in Book , page ; etc.)
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(other, specify); that the error.of closure as calculated by latitudes and departures is
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1: ; that the boundaries not surveyed are shown as broken lines platted from
information found in Book , page hand and seal.this day of ..
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aSeal
Surveyor License or Registration #
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Sworn to and subscribed before me this day of ; 20
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aSignature
and Seal of Notary Public
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c) Certification of the Approval of Streets and Utilities
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hereby certify: 1) that streets, utilities, and other improvements have been installed
within the Development shown and described hereon in an acceptable manner and in
accordance with design standards of the applicable regulations and Zoning Ordinance,
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Town of Surf City, North Carolina and other specifications of the Town; or, 2) that'a.
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security bond in the amount of $ , cash in the amount of $ , or an
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irrevocable letter of credit payable upon demand by the Town has been posted with the
Town to assure completion of all required improvements in case of default.
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aSeal
Registered Professional Engineer Date
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Sworn to and subscribed before me this day of , 20
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Signature and Seal of Notary Public
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d Certificate of Approval of Water and Sewage System
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hereby certify that the water supply system and the sewage disposal system installed or
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planned to be installed to serve each lot within the Development shown and described
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hereon fully meets the requirements of the Pender or Onslow County Health Department.
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Date County Health Officer
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e) Certificate of Approval for Recording
I hereby certify that the Development Plan shown hereon has been found to comply with
the Subdivision Regulations and Zoning Ordinance, Town of Surf City, North Carolina a
with the exception of such variances, if any, as are noted in the minutes of the Zoning
Board of Adjustment at its meeting on and may be recorded in the Office
of Clerk of Pender or Onslow County. - D
Date Town Planner
The as -built Development Plan shall be provided in a minimum of five (5) copies, each bearing
the original signatures and executions of the aforementioned applicable certifications.
5.13.8 Design Requirements
All Development shall be in conformance with the following design and/or construction
requirements.
5.13.9 Public Improvements
Any and all components for Development intended and/or proposed for Public Facilities
dedication and/or public utility shall be in conformance with the following regulations:
1) Street and Alley construction shall be in accordance with the policies and procedures
established and design requirements and construction standards established by the Town
Council.
2) Water and sewer line construction shall be in accordance with the policies and procedures
established and design requirements and construction standards established by the Town
Council.
3) Electrical Supply, gas supply and telecommunications facilities construction shall be in
accordance with the policies, procedures, design requirements and construction standards
established by the utility commission and/or company providing service to the vicinity.
4) Public park and/or Open Space construction and/or provision shall be in accordance with
the policies, procedures, design requirements and construction standards established by
the entity receiving dedication of such facilities.
5) Public parking facilities construction shall be in accordance with the parking
requirements established in Section 5.1 herein and applicable building codes.
5.13.10 Private Improvements
Any and -all components for Development not intended and/or proposed for Public Facilities
dedication and/or public utility shall be in conformance with the following regulations:
1) Driveway and parking facilities construction shall be in accordance with the requirements
established in Section 5.1 herein and applicable building codes:
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2) Water and sewer line (collection/distribution and service) . construction shall be in
accordance with the policies and procedures established and design requirements and
construction standards established by Pender or Onslow County.
3) Buildings and their respective appurtenances shall be constructed in accordance with the
policies, procedures, design requirements and construction standards established herein
and by the building codes of Pender or Onslow County:
4) . Signs and their respective appurtenances shall be constructed in accordance ' with the
policies, procedures, design requirements and 'construction standards established in
Section 6.0 herein and the.building codes of Pender or Onslow County.
5.14 Home Occupations.
Home occupations are allowed in the RA, R-10, R-5M, PUD and MHS zoning districts provided
it meets the following criteria's:
1) Such business shall not change the character of the dwelling or constitute a nuisance for
the neighborhood. Beauty parlors and barbershops shall not be considered home
occupations.
2) No outside storage or displays associated with the home occupation shall be permitted.
3)- No more than twenty-five (25) percent of the home shall be used in connection with the
home occupation. Said home occupation shall be carried on solely within the main
dwelling and must be clearly incidental and secondary to the use of the dwelling for
living purposes. The applicant shall provide a sketch showing the floor plan and the
area thereof to be utilized for the conduct of the home occupation including total area of
the residence.
4) A maximum of one (1) non-resident employee, contracted or otherwise hired, is
permitted in the house.
5) One (1) company vehicle shall be permitted per house; otherwise, only vehicles used
primarily as passenger_ vehicles shall be permitted in connection with the home
occupation.
6) Signage is permitted on the vehicle.
7) Customers may only visit the premises between the hours of 7:00 a.m. and 9:00 p.m.
8) One (1) six (6) square foot wall sign is permitted on premise.
9) The Community Development Department shall issue the home occupation permit. The
applicant must also obtain all other applicable permits.
5.15 Adult Establishments
1) No such adult establishment shall be located less than one thousand (1,000) feet from a
school, church, daycare center, public oriented recreational facility, civic building, park, lot in
residential use, lot with residential district, or another adult establishment.
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2) . With respect to the distance between a location which an adult establishment is proposed and
the location of the uses listed in number one (1) above, the distance shall be measured by
following a straight line from the nearest point of the lot line on which a proposed adult
establishment is to be located to the nearest point of the lot lines of the uses listed in number
one (1) above.
3) All openings shall have an opaque glazing to discourage visibility of the interior. No mirrored
glass shall be allowed.
4) The maximum floor area of each use shall be one thousand five hundred (1,500) square feet.
5) No exterior signage or building element shall be pornographic in nature or convey any such
idea or element.
5.16 Cruise/Excursion/Dinner Boat
Harbor or mooring of any existing or proposed Cruise/Excursion/Dinner Boat, whether on an
incidental, occasional, routine,_ or permanent basis shall only occur within lands abutting
navigable.waters.
A required operation plan shall be submitted to the Town. Planner. This plan shall include
proposed hours of operation, a plan or plans to scale of the marina and any other proposed ports
of call denoting on site commercial facilities to service the boat, location of proposed berth area,
ingress and egress route from the berth within the marina to the main channel; and the minimum
dimensions between commercial slips through which the boat will pass. The plan shall denote the
locations) or area within the commercial marina dedicated as berthing. areas for non power
.watercraft, and personal recreational watercraft. The plan shall also include the dimensions and
seating capacity of the boat.
The boat must be equipped with radar, meet all Coast Guard requirements for the class, must not
exceed eighty (80) feet in length; hull, design for minimal wake..
Pier mooring shall meet all applicable commercial code requirements. Flotation shall be a
.minimum of forty (40) lbs. per sq.ft. of live load.
The mooring area and pier should directly access the boat. Common use of pier area serving
existing residential or recreational craft. or interference with private boats pier users in the marina
or private pier area is not permitted.
Public restrooms facilities and an adequate effluent pump out station is required at the marina.
Adequate on site parking at the marina facility must be provided to specifically service this usage.
Hours of operation are between 9:00 am and 12:00 midnight.
Any amplified sound for recreational, or entertainment is permitted only during the prescribed
hours of operation. Any amplification of sound is to be directed to within the boat.
Operations outside of the marina is restricted to the main channel of the intercoastal waterway or
greater than two hundred (200) foot from the shore of the Atlantic Ocean.
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SECTION 6.0 REGULATIONS FOR SIGNS
a6.0
Regulations for Signs.
6.1 Purpose. To restrict private signs and lights which overload the public's capacity to
receive information, which violate privacy, or which increase the probability of accidents by
distracting attention or obstructing vision; to restrict private signs and lights which impair the
visual integrity of the community by their conflict with the character of the zoning ordinance or
land uses; to encourage proper signing and lighting and other private communications which aid
orientation, identify activities, or serve other functions; and to reduce conflict among private
signs and lighting. This ordinance excludes the' signs of municipalities and state and federal
agencies.
6.2 Sign dimension. The area of each sign computed by calculating the area of the circle,
square or other geometric design required to enclose the letters, insignia, or other information
placed upon a wall or freestanding sign including part of the information. Only one (1) side of
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the double-faced signs shall be calculated in the sign surface area..
1) Total sign area: The sum total area of the separate sign surface areas.
2) Decorations shall not exceed sixty four (64) square feet in size and only one decoration
per side of the building is permitted.
6.3 Signs permitted in all districts.
1) The following signs shall be permitted in all districts:
a) Directional and information signs: Directional and informational signs erected
a
and maintained by public agencies and governmental bodies.
b) American or North Carolina flags of reasonable size may be displayed for.
patriotic reasons, provided proper flag etiquette is observed.
c) . Flags and insignia of any government.
abearing
d) Residential identification signs not exceeding six (6) square feet in area and
only property owner's name, name of hometown, cottage name, etc.
e) Professional and/or home occupation signs in residential areas: One (1) sign per
afrom
lot not to exceed six (6) square feet located at least seven and one-half (7 %s) feet
the property lines, except side abutting street so that it rests on and is
contained entirely on private property. Where side yards are required, no sign
shall be permitted in the required side yard.
af)
Integral decorative or architectural features of buildings.
g) Signs directing and guiding traffic and parking on private property, but bearing
no advertising matter.
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h) Bulletin boards: Churches, schools, community centers and other public
institutions may erect one (1) sign or bulletin board not exceeding thirty-two
(32) square feet in area for the purpose of displaying the name of the institution
and related information. The signs may be used as wall signs or shall be located
a minimum of seven and one-half (7 %) feet from property lines. Where side
yards are required, no sign shall be permitted in the required side yards. The
signs may be indirectly illuminated. If location is in a commercial area, C-1 or
MU zoning applies.
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i) - Construction signs: During the construction, repair, or alteration of a structure, a
temporary construction sign, or signs, which denote the architect, engineer,
contractor, subcontractor or builder, or which denotes the name of the structure
and its use or occupants to be may be placed within the lot side of the required
yard setback as a ground or wall sign. The dimensions of the sign shall not
exceed thirty-two (32) square feet in area. When multiple signs are used they
shall be limited to six (6) square feet each and they shall be grouped. All
construction site signs shall be removed when the building has been approved
for occupancy by the building inspector. Larger signs exceeding thirty-two (32)
square feet issued by the board of adjustment.
j) Nonconforming, signs, unless destroyed or deteriorated to a degree that fifty
(50) percent of the display area of the sign has been rendered illegible or
condemned under articles 14 or 15 of the town code.
k) All non -permitted signs on the effective date of this ordinance shall comply with
this ordinance by November 1, 1994.
6.4 Estuarine shoreline, pier and dock signs to be seen from water. The following signs
are permitted:
1) Residential "For Sale" signs shall not exceed six (6) square feet.
2) Residential: Small neat signs denoting private property.or private piers, not to exceed six
(6) square feet, no permit required.
3) Commercial signs: Not to exceed sixteen (16) square feet for charter boats, gangway pier,
or adjacent land; limit one (1) sign perboat. ,
4) Commercial signs: Not to exceed sixteen (16) square feet_ on gangway or pier identifying
same; limit one (1) sign per dock..
5) Commercial signs: Not to exceed sixteen (16) square feet designating water sports, boats
for hire, etc.; limit one (1) sign per lot:
6) A conditional use permit issued by the board of adjustment is required for any sign on the
estuarine shoreline not included in the above.
6.5 Subdivision signs. Subdivision signs advertising the sale of lots or buildings within.
new subdivisions on which they are located are permitted, provided:
1) Temporary signs or development:
a) .They are non -illuminated or indirectly illuminated.
b) Total square footage of all signs on the project shall not exceed thirty- two (32)
square feet in projects of twenty-five (25) units or less, sixty- four (64) square feet in
projects more than twenty-five (25) units.
c) Not more than one (1) sign shall be located at each major approach to the
subdivision.
d) They meet all requirements applying to principal structure with regards to yard,
private property, etc:
2) Permanent signs:
a) They are non -illuminated or indirectly illuminated in accordance with section
6.7 (5) of this ordinance.
b) Total square footage does not exceed thirty-two (32) square feet per face of a
double face sign. If faces are detached and erected separately, the combined square
footage of both faces shall not exceed thirty-two (32) square feet.
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6.6
c) Not more than one (1) sign shall be located at each major approach to the
subdivision, except if the square footage is divided into two (2) signs (i.e., sixteen
(16) square feet per sign).
d) They meet all requirements applying to principal structures with regard to yard,
setback, etc.
e) No such signs shall be permitted in the public right-of-way.
Commercial and business signs: size computations.
1) Sign area limitations within the commercial districts shall be computed on the
uniform and equitable basis of street frontage. Such sign area shall be limited to one
and one-half (1 '/s) square feet of usable sign face for each linear foot of frontage.
Inside signs are not included in the computations. (Example: fifty (50) ft. lot is
entitled to seventy-five (75) sq. ft. of signage.)
2) Lots fronting on two (2) or more streets shall compute the permitted sign area for
each street separately and shall not transfer sign area from one frontage to another
frontage of said lot.
3) Lots fronting on street and estuarine shoreline shall be computed as if two (2) streets:
The permitted sign area shall not transfer from one frontage to another frontage of
said lot.
4) The total square footage of all signs, except indoor signs, shall be limited to the
above computation and is subject to the additional limitations and restrictions set
forth in this section.
5) Itinerant merchant signs shall comply with the square footage requirement of the lot
on which they are located.
6.7 Types of commercial signs permitted. Business signs and name signs of the following
types and sizes shall be permitted in C1, MU, C3, NB and O&I under the limitations described in
this section.
1) Permanent freestanding signs.
a) Minimum lot frontage:
1. The minimum front footage for a permanent freestanding sign is fifty (50) feet.
b) Separations:
1.. Fifty (50), to ninety-nine (99) linear front footage -May have one (1) freestanding
sign.
2. One hundred (100) to one hundred twenty-four (124) linear front footage -May .
have an additional freestanding sign provided each sign is separated by at least
fifty (50) feet.
3. One hundred twenty-five (125) to two hundred (200) linear front footage -May
have an additional freestanding sign provided each sign is separated by at least
fifty (50) feet.
4. Lots exceeding two hundred (200) linear front footage -May have additional
freestanding signs based on one (1) sign per fifty (50) feet additional increment
of frontage.
c), Setbacks:
1. Freestanding signs shall be setback from the. side property line seven feet six
inches (7' 6"):

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,3)
4)
5)
6)
7)
Wall sign:
a) Wall signs, attached to walls or solid masonry, concrete, wood, or stone shall be
safely and securely attached by means of corrosive -resistant fasteners of sufficient
size and quality to support the sign being secured. The face of all wall signs must be
made of paint, metal, wood, or plastic materials. Metal, if used, must be corrosive -
resistant. The maximum square footage allowed is equal to that of a freestanding
sign and is computed according to section 6.6.
Marquee signs: .
a) Marquee signs shall be constructed of corrosive -resistant metal or non-combustible
materials if illuminated and may be attached to or hung from a canopy or covered
structure. Such sign, when hung from a canopy or covered structure, shall be at
least eight (8) feet, at its lowest level, above the sidewalk ground level. Further, no
such sign shall extend the entire length and width of the canopy or covered
structure, provided the sign does not have vertical dimensions greater than two (2)
feet on a canopy or covered structure up to forty (40) feet in length, nor a vertical
dimension greater than three (3) feet on a canopy or covered structure over forty
(40) feet in length, provided the allowed square footage is not exceeded, per section .
6.6.
Projecting Signs:
a) All projecting signs, whether they project from any building, wall, canopy or
similar structure shall be positioned so that the farthest extended part of a sign shall
be no closer than three (3) feet from the existing property line measured from the
building side of the .property line. This does not apply to street frontage. All
projecting signs shall be constructed of corrosive -resistant metal, wood, or plastic
materials securely attached to a building, canopy or similar structure by corrosive -
resistant, supports. The maximum square footage allowed is equal to one-half ('/2)
that of a freestanding sign as computed according to section 6.6. The square footage
of a projecting sign shall not, in any case, exceed fifty (50) square feet.
Display lighting:
a) _Display lighting shall be shielded so as to prevent a direct view of the light source
from a residence in a residential district. No sign shall cause a hazardous glare to.
traffic. No intermittent lighting effects may be utilized.
Temporary signs:
a) Temporary, signs, not exceeding sixteen (16) square feet, banners, placards,
decorations and the like, constructed of light materials for promotion of events may
be displayed, by any legitimate business holding a valid sign permit; in any
business district for periods not exceeding thirty (30) days continuously except for
public holiday decorations. However, no signs may .be erected on or affixed .to
public property. All temporary signs shall be removed within five (5) days after the
event. Temporary signs exceeding sixteen (16) square feet must be approved by the
Town Planner.
Permitted combinations ofsigns:
a) An establishment may erect the allowed number of freestanding signs plus an equal
number of one (1) of the following: -marquees, wall, projecting.
b) In place of the allowed number of freestanding signs, an establishment may elect to
erect a like number of signs in the following combination: .
1. Marquee plus projecting, -or
2. Wall plus projecting.
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Note: All of the above signs are subject to the size limitations described in their respective
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8) Lots with less than fifty (50) linear feet frontage:
Qa)
One (1) marquee (for dimensions refer to section 6.7, plus one (1) projecting, or
b) One (1) wall, plus one (1) projecting.
aThe
maximum square footage of each marquee or wall sign shall be determined" by multiplying
one point five (1.5) by the linear front footage of the lot in question. The maximum allowed for a
projecting sign in any case is fifty (50) square feet.
6.8 Off -site signs. Off -site signs are prohibited. Off -site signs which existed at the time of
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this ordinance's adoption (September 7, 1993) and which exceed one hundred (100) square feet in
shall be brought into compliance with the one hundred (100) square foot maximum size for
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all signs by September 7, 1998. Off -.site signs which become subject to this ordinance, through
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annexation or planning jurisdiction changes, after its adoption shall be brought into compliance
with the one hundred (100) square foot maximum size for all signs within thirty-six (36) months.
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Off -site signs which existed and were otherwise legal at the time of this provision's adoption
(April 2, 2002) shall be removed within ten (10) years (by April 2, 2012).
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a6.9
Prohibited
signs.
1) No portable signs are permitted.
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2) No flashing signs are permitted.
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3) No roof signs are permitted except that they:
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a) Do not extend above/from the roof peak and are. attached no closer than two (2) feet
above the lowest edge of the roof line;
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b) Do not exceed more than four (4) feet above the roof peak on a flat, 1/2:12 pitch,.
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roof;
c) Are attached by non -corrosive materials to withstand one hundred ten (110) mph
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winds or thirty-five (35) pounds per square foot in accordance with the N.C. Building
Code; and,
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d) With the combination of other permitted signs, remain within the maximum square
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4) No combination of permitted signs exceeding the permitted total sign area will be
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allowed.
Oexception
5). No sign of any kind may be permitted on or over any public right-of-way with the
of:
a) Directional and informational signs erected and maintained by public agencies and/or
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governmental bodies,
6) No single sign exceeding one hundred-(100) square feet is permitted.
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6.10 Permits.
1) No sign shall be erected, constructed, or altered as provided in this section until after a
permit for the same has been issued by the building inspector and the fee paid, except
temporary signs; see section 6.7 (6).
2) No permit fee shall be required for a single sign in or immediately over a show window
or door of a store or -business establishment, announcing without display or elaboration,
only the name of the proprietor and nature of business provided that the sign is not over
twelve (12) inches and not to exceed the width of the door or double doors, a maximum
length of six (6) feet.
3) Fees for sign permits shall be based upon the size of the sign. A schedule of such fees
shall be maintained by the Town.
4) If work authorized under a sign permit has not begun within three (3) months from the
date of issuance of the permit and/or has not been completed within six (6) months of the
issuance of the permit, the permit shall expire.
6.11 Annual inspections. It shall be the duty of the Town Planner or his authorized agent to
inspect every sign at least once annually. Inspection is to be made for condition, safety, and
appearance.
6.12 Unsafe signs. Should any sign become insecure or in danger of falling or otherwise
unsafe in the opinion of the Town Planner, the owner thereof, or the person or firm maintaining
the sign,. shall upon written notice from the Town Planner forthwith in the case of immediate
danger and in any case within thirty (30) days, secure the sign in a manner to be approved by the
planner, in conformity with the provisions of this section or remove the sign.
6.13 Maintenance. The Town Planner may order the removal or maintenance of any sign that
is not maintained in accordance with the provisions of this ordinance. This includes any sign
which is, in his judgement, unsightly, in bad manner (i.e. chipping paint, cracking, splitting or
fading). The removal shall be at the expense of the owner or lessee.
6.14 Removal of unlawful signs. In case any sign shall be installed; erected or constructed in
violation of any of the terms of this section, the Town Planner shall notify, by registered_ mail or
written notice served personally, the owner or lessee thereof to alter the sign so as to comply with
these regulations, and to secure the necessary permit thereof, or to remove the sign.
6.15 Location restriction. All outdoor advertising signs shall be installed, erected, or
constructed so as not to obstruct any clear line of sight for traffic, fire escape, fire hydrant or
passage of emergency vehicles, or any window or door or opening used as means of egress so as
to prevent free passage from one part of a road to any other part thereof. No sign shall be attached.
in any form, shape or manner to a fire escape nor be placed in such a manner as to interfere with
any opening required for legal ventilation.
6.16 Height. Height of any sign shall be limited to twenty-four (24) feet.
6.17 Appeals. Exceptions or hardships produced by this ordinance as a result of lot size may
be appealed to . the board of adjustment. No variance shall be granted which exceeds the
restrictions and/or requirements of this ordinance.
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a6.18
Provisions enforcement. The provisions of this ordinance shall be enforced by the
Town Planner. Whenever the Town Planner becomes aware of any violation of this ordinance,
he/she shall notify the record owner of the property of such violation by certified mail addressed
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to the owner at the address upon the tax records of the town. The notice shall inform the owner of
the violation ,and requirement that such sign be removed or conformed to . the ordinance within
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thirty (30) days of the date of the notice.
public safe pedestrian and vehicular traffic the Town Planner is further
In the interest of safety,
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authorized to remove signs installed upon the right-of-way of any street.
Note: Developers of commercial and residential projects are encouraged to, present a
comprehensive project plan as part of the design package presented to the planning board.
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6.19 ZONING DISTRICTS*
Type of Sin
RA
R-S
R-SM
R-10
PUD
C-1
MU
C-3
NB
0&1
CON
MHS
Attached
P
P
P
P
P
P
P
P
P
P
P
P
Banner
P
P
P
P
P
P
P
P
P
P
P
P
Bare Bulb .
X
X
X
X
X
P
P.
P
X
X
X
X
Construction
P
P
P
P
P
P
P
P
P
P
P
P
Directional
P
P
P
P
P
P
P
P
P
P
P
P
Double -Faced
P
P
P
P
P
P
P
P
P
P
P
P
Entrance
P
P
P.
P
P
P
P
P
P
P
P
P
Flashing
X
X
X
X
X
X
X
X
X
X
X
X
Freestandin
X
X
X
X
X
P
P
P
P
P
X
X
Indirectly Illum.
P
P
P
P
P
P
P
P
P
P
P
P
Internally Illum.
P
P
P
P
P
P
P
P
P
P
P
P
Marquee
X
X
X
X
X
P
P
P
P
P
X
X
Neon Lighted
X
X
X
X
X
X
X
X
X
X
X
X
Off -site
X
X
X
X
X
X
X
X
X.
X
X
X
Portable
X
X
X
X
X
X
X
X
X
X
X
X
Real Estate
P
P
P
P
P
P
P
P
P
P
P
P
Roof (See Exceptions Section _
Prohibited signs)
X
X
X
X
X
X
X
X
X
X
X
X
Shingle
P
P
P
P
P
P
P
P
P
P
P
P
Temporary
P
P
P
P
P
P
P
P
P
P
P
P
Time and Temp..
X
X
X
X
X
P
P
P
P
P-
X
X
*P -- Permitted
X-- Not Permitted
Chart is to be used as a quick reference. Refer.to ordinance for all requirements.

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SECTION 7.0 NONCONFORMING SITUATIONS*
7.1 Continuation of Nonconforming Situations and Completion of Nonconforming
Projects.
1) Nonconforming situations that were otherwise lawful on the effective date- of this
ordinance may be continued, subject to the restriction and qualifications set forth in
subsections 7.2 through 7.7 of this section.
2) Nonconforming projects. maybe completed only . in accordance with the provisions of
subsection 7.6 of this section.
*See section 3.0, definitions.
7.2 Nonconforming Lots.
When a nonconforming lot can be used in conformity with all of the regulations (other than the
area 'or width requirements) applicable to the district in which the lot is located, such a use may
be made as of right. Otherwise, the nonconforming lot may be used only in accordance with a
conditional use permit issued by the board of adjustment. The board shall issue such a permit if it
finds that 1) the proposed use is one permitted by the regulations applicable to the district in
which the property is located, and 2) the property can be developed as proposed without any
significant negative impact on the surrounding property or the public health, safety, or welfare.
In issuing the permit authorized by this paragraph, the board may allow deviations from
applicable dimensional requirements (such as setback lines and yard size minimums) if it finds
that no reasonable use of the property can be made without such deviations.
7.3 Extension or Enlargement of Nonconforming Situations.
1) Except as specifically'provided in this subsection, it shall be unlawful for any person to
engage in any activity that causes an increase in. the extent of non -conformity of a
nonconforming situation.
2) Subject to paragraph four (4) of this subsection, a nonconforming use may be extended
throughout any portion of a completed building that, when the use was made
nonconforming by this ordinance, was manifestly designed or arranged to accommodate
such use. However, subject to subsection 7.6 of this section (authorizing the completion
of nonconforming projects in certain circumstances), a non -conforming use may not be
extended to additional buildings or to land outside the original building.
3) Subject to subsection 7.6 of this section (authorizing the completion of nonconforming
projects in certain circumstances), a nonconforming use of open land may not be extended
to cover more land than was occupied by that use when it.became nonconforming.
4) The volume, intensity, or frequency of use of property where a nonconforming situation -
exists may be increased and the equipment or processes used at a location where a
nonconforming situation exists may be changed if these or similar changes amount only
to changes in the degree of activity rather than changes in kind and no violations of other
paragraphs of this subsection. occur.
5) Physical alteration of structures or the placement of new structures on open land are
unlawful if they result in:
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6)
7)
8)
9)
a) An increase in the total amount of space devoted to a nonconforming use;
b) Greater nonconformity with respect to dimensional restrictions such as yard
requirements, height limitations, or density requirements; or
c) The enclosures of previously unenclosed areas, even though those areas were
previously used in connection with the nonconforming activity. An area is
unenclosed unless at least seventy-five (75) percent of the perimeter of the area is .
marked by a permanently constructed wall or fence.
Minor repairs to and routine maintenance of property where nonconforming situations
exist are permitted and encouraged. Major renovation, i.e., work estimated to cost more
than twenty (20) percent of the appraised replacement value of the structure to be
renovated (and not required by the partial or total destruction of a structure see paragraph
eight (8)), may be done pursuant to a conditional use permit issued by the board of
adjustment. The board of adjustment shall issue such a permit if it finds that the work will
not result in a violation of any other paragraphs of this subsection (particularly paragraph
five (5)) or make the property more incompatible with the surrounding neighborhood.
Notwithstanding paragraph five (5), any structure used for single-family residential
purposes and maintained as a nonconforming use may be replaced with a similar structure
of a larger size, so long as the replacement does not create new non -conformities with
respect to yard size and setback requirements. In particular, a manufactured home may be
replaced with a larger manufactured home, and a 'single -wide' manufactured home may
be replaced with a "double -wide." This paragraph is subject to the limitations stated in
subsection 7.5 on abandonment and discontinuance of nonconforming situations.
A structure that is conforming in any respect or a structure_ that is used in a
nonconforming manner may be reconstructed or replaced if partially or totally destroyed,
subject to the following restrictions:
a) Such structure may be restored and occupancy or use allowed if that structure is
destroyed or damage by not more than fifty (50) percent of its actual fair market
value;
b) The total amount of, space devoted to a nonconforming use may not be increased,
except that a larger, single-family residential structure may be constructed in place
of a smaller one and a larger manufactured home intended for residential use may
replace a smaller one;
c) The reconstructed building may not be more nonconforming with respect to
dimensional restrictions such as yard requirements, height limitations, or density
requirements, and such dimensional nonconformity's -must be eliminated if that
can reasonably be accomplished without unduly burdening the reconstruction.
process or limiting the right to continue the nonconforming use of such building;
d) - The reconstructed building may not enclose areas that were previously
unenclosed, even though those areas were used in connection with the
nonconforming activity. An area is unenclosed unless at least seventy-five .(75)
percent or more of the perimeter of the area is marked by . a permanently
constructed wall or fence.
Manufactured homes in nonconforming manufactured home parks may not be increased
in number. Manufactured homes, when nonconforming, may not be substituted for
conforming types of dwelling units or other nonconforming dwelling units.
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a7.4
Change in Kind of Nonconforming Use.
1)
A nonconforming use may be changed to a conforming use. Thereafter, the property may
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not revert to a nonconforming use. -
2)
A nonconforming use may be changed to another nonconforming use only in accordance
(�
with a conditional use permit issued by the board of adjustment. The board shall issue
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such a permit if it finds that the proposed use will be more compatible with the
surrounding neighborhood than the use in operation at the time the permit is applied for.
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If a nonconforming use is changed to any use other than a conforming use without
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obtaining a special use permit pursuant to this paragraph; that change shall constitute a
discontinuance of the nonconforming use, with consequences as stated in subsection 7.5..
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3)
If a nonconforming use and a conforming use, or any combination of conforming and
nonconforming uses, or any combination of nonconforming uses exist on one lot, the use
made of the property may, be changed substantially (except to a conforming use), only in
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accordance with conditional use permit issued by the board of adjustment. The board shall
issue such a permit if it finds that the proposed use will be more compatible with the
surrounding neighborhood than the use or combination of uses in operation at the time the
permit is applied for.
7.5
Abandonment and Discontinuance of Nonconforming Situations.
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1
When a nonconforminguse is 1 discontinued for a consecutive period of twelve 12 .
) P ( )
months, or 2) discontinued for any period of time without a present intention to reinstate.
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the nonconforming use, the property involved may thereafter be used only for conforming
purposes, except as provided in paragraph two (2) of this subsection.
athat
. 2)
The board of adjustment may issue a conditional use permit to allow a nonconforming use
has been discontinued for more than twelve.(12) months to be reinstated if it finds that
1) the nonconforming use has been discontinued for less than two (2) years, and 2) the
discontinuance resulted from factors that, for all practical purposes, were beyond the
control of the person maintaining the nonconforming use.
3)
If the principal activity on property where a nonconforming use exists is 1) discontinued
for a consecutive period of twelve (12) months, or 2) discontinued for any period of time
without a present intentionof resuming that activity, then the property may thereafter be
used only in conformity with all of the regulations applicable to the district in which the
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property is located, unless the board of adjustment issues a conditional use permit to
allow the property to be used (for . a conforming purpose) without correcting the
nonconforming situation. The board shall issue such a permit if it finds that 1) the
nonconforming situation cannot be corrected without undue hardship or expense, and 2) -
the nonconforming situation. is of a minor nature that does not adversely affect the
surrounding property or the general public to any significant extent.
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4) For purposes of determining whether a right to continue a nonconforming situation is lost
pursuant to this subsection, all of the buildings, activities, and operations maintained on a
lot are generally to be considered as a whole. For example, the failure to rent one (1)
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apartment in a nonconforming apartment building or one (1) space in a nonconforming
manufactured home park as whole is. continuously maintained. But if a nonconforming use
is maintained in conjunction with a conforming use, discontinuance of a nonconforming
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use for the required period shall terminate the right to maintain it thereafter. And so, if a
manufactured home is used as a nonconforming use on a residential lot where a
conforming residential structure also, is located, removal of that manufactured home for
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twelve (12) months terminates the right to replace it.
5) When a structure or operation made nonconforming by this ordinance is vacant ' or
discontinued at the effective date of this ordinance, the twelve (12) month period, for
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purposes of this subsection, begins to run at the effective date of the ordinance.
7.6 Completion of Nonconforming Projects.
The completion or erection of any nonconforming project may be completed provided all
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construction is done pursuant to a valid building permit issued prior to the effective date of this
ordinance.
7.7 Non -conformities Created by Public Action.
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When lot area or setbacks are reduced as a result of conveyance to a federal, state or local
government for a public purpose and the remaining area is at least seventy-five (75) percent of the
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required minimum standard for the district in which it is located, then that lot shall be deemed to
be in compliance with the minimum lot size and setback standards of this Ordinance without the _.
need for a variance from the Board of Adjustment.
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aSECTION
8.0 CONDITIONAL USE DISTRICTS
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a8.1
Purpose.
1) . The purpose of the conditional use district is to provide an alternative zoning procedure for a
specified use or uses as opposed to a general zoning district designation, which permits a
broad range of uses.
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2) For those instances where the application of general district classification on certain
property would be inconsistent with the intent of zoning to separate commonly incompatible
uses, a specific use or uses with restrictive conditions for safeguarding adjacent land uses
may be appropriately developed in such situations.
a3)
This voluntary procedure is intended only for firm development proposals, and is neither
intended or suited for securing speculative zoning or tentative uses which are not to be
aundertaken
immediately.
8.2 Conditional Use District Classification.
aConditional
use districts are floating districts that correspond to general zoning districts (a
floating district being one which is not shown on the map until the council has approved a
rezoning to that particular classification). Conditional use districts are identical to their
acorresponding
general zoning districts in all respects except that a conditional use permit is
required as a prerequisite to any use of development within. them. The conditional use district ..
aclassification
classification shall be indicated by the abbreviation (CD) following the general zoning district
as shown below:
General Zoning District
Conditional Use District
RA.
RA CD
R-10
R-10 (CD)
R-5M
R-5M CD
R-5
R-5 (CD)
.MHS
MHS CD
G-1
G-1 CD
CON
CON CD
C-3
C-3 (CD)
MU
MU (CD)
C-1
C-1 CD
NB
NB CD
O&I
O&I (CD)
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8.3 Application.
1) If a property owner or his duly authorized agent believes that development of the property in
a specific manner will lessen adverse effects upon surrounding properties or otherwise make
the rezoning more in accordance with the Land Use Plan, he may apply for rezoning to the
appropriate conditional use district and shall simultaneously apply for a conditional use
permit specifying the nature of his proposed development.. A fee in accordance with the
town's adopted 'fee schedule shall be submitted to the Town of Surf City with each
application. A complete application for a conditional use district classification shall consist
of an application for conditional use district available from the community development
department and shall be submitted in accordance with section 8.5 of this ordinance. Such
application shall be accompanied by a written text specifying the use proposed, a written
legal description of the property and by a schematic plan which shall include the following:
a) The present zoning classification(s) of the tract;
b) Adjoining property lines;
c) The names and deed references of current adjoining property owners;
d) All existing easements, reservations, rights -of -way and all yards required for the zoning
district requested;
e) Delineation of areas in the floodplain on which the one hundred -year flood has been
determined. by the flood plain management regulations of the Town of Surf City;
f) Delineation of areas of AEC as defined by CAMA.
g) Proposed use of land.and structures. For residential uses this shall include number of
units and outline of area within which structures will be located. For nonresidential uses,
this shall include approximate square footage of structures and outline of area within
which structure will be located;
h) Parking and circulation plan, showing location, arrangement and number of parking
spaces and ingress and egress to adjacent areas.
2) Additional requirements. During the conditional use permit review process, it may be
desirable to request additional information in order to better evaluate a proposed use and its
relationship to the surrounding area. The nature of the proposed use, the .relationship of the
property to nearby existing uses, potential. problems with traffic or concern about. the
treatment of natural features of the land may necessitate a closer examination of the proposed
use then information required by subsection one (1) above. Therefore, the planning board
and/or town council may request additional information as they deem necessary. Such
information may include, but is not limited to, the following:
a) The number, height, size or location of structure(s);
b) Proposed screening, including walls, fences or planting areas as'well as treatment of any
existing natural features;
c) Proposed dimension and number of signs and their location;
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d) Proposed phasing, if any, and approximate completion time of the project.
e) Other such items as may adversely impact surrounding property owners and/or that
affect their quiet enjoyment.
8.4 Uses and Development Requirements.
Only those uses authorized either by right or by conditional use in general zoning district shall be
permitted within a corresponding conditional use district and may be subject to conditional
development standards approved by the town council and standard requirements for those uses of
the corresponding general zoning district as set forth elsewhere in this ordinance. In addition,
a within a conditional use district no use shall be permitted except pursuant to a conditional use
permit authorized by the town council which shall specify the use or uses authorized. It is the
intent of this section that the applicant for rezoning to a conditional use district shall only present
a testimony or evidence concerning the specific use or uses for which he intends to develop the
property
j� 8.5 Review and Approval.
l) Petitions for a zoning map amendment to establish a conditional use district shall be
a processed, considered and administered in accordance with the provisions of Section 12 of
this chapter concerning conditional use permits.
2). A properly submitted application for a conditional use district incorporates a petition for
rezoning and an application - for a conditional .use permit into one proceeding and thus
constitutes conditional use district proceedings.
a 3) No rezoning to a conditional use district shall be approved unless a conditional use permit is
also approved for use or uses specified. In addition, no building permit shall be issued for
any development within a conditional use district except -in accordance with an approved
n conditional use permit.
u 8.6 Effect of Approval.
If an application is approved and the conditional use district is thus established, all conditions
attached thereto by the accompanying conditional use permit shall be binding upon the property
and all subsequent development and use of the property shall be in accordance with the approved .
plan and conditions. Since the intent of this type of district is to provide for workable alternative
uses of property, it is intended that -land will be zoned in accordance with firm plans to develop.
Therefore, at the end of six (6) months from the date of approval, the planning board may
examine progress made to develop in accordance with approved plans to determine if active
efforts to so develop are proceeding. If it is determined by the planning board that active efforts
to so develop are not proceeding, a report shall be forwarded to the town council which may
recommend that proceedings be instituted to rezone the property to its previous zoning
classification.
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8.7 Alterations to Approved Conditional Use District.
All changes. or modifications to approved plans and conditions of development shall be
considered in the same manner as the conditional use permit provisions of section 8.9.10 herein
and must follow the same procedures.
8.8 Failure to Comply.
If for any.reason any condition imposed pursuant to this chapter is found to be illegal or invalid or
if the applicant should fail to accept any condition, it is the intent of this section that the
authorization of such conditional use permit shall be null and void and of no effect and that
proceedings be instituted to rezone the property to its previous zoning classification. .
8.9 Conditional Use Permit Approval Process.
8.9.1 Ptirpose
Conditional use permits add flexibility to the zoning ordinance. Subject to high standards of
planning and design, certain property uses may be allowed in several districts where these uses
would not otherwise be acceptable: By means of controls exercised through the conditional use
permit procedures, property uses which would otherwise be undesirable in certain districts can be
developed to minimize any adverse effects they might have on surrounding properties.
8.9.2 General:
Conditional use permits may be issued by the town council for those uses of land and buildings
requiring a conditional use permit as listed in each zoning district classification. Conditional use
permits may be granted by the town council after planning board -review and recommendations,
and after a public hearing.
8.9.3 Application.
The owner or owners, or their duly authorized agent, of the property included in the application
for a conditional use permit shall submit a complete application and supplemental information to
the community development department at least twenty (20) working- days prior to the regular
meeting of the planning board at which the application is to be considered. A fee in accordance
with the town's adopted fee schedule shall be submitted to the Town of Surf City with each
application. Such application shall include all of the requirements pertaining to it in this chapter
including the provisions of section 12.3 (2). The planning board shall consider and make
recommendations to the town council concerning such conditional use permit application. The .
planning board shall review all applications at a regularly scheduled public meeting held and
advertised in accordance with its rules of procedure then in effect.. - In lieu of separate
consideration, the planning board may review an application in a joint meeting with the town
council at a public hearing held in conformity with the requirements of section 8.9.6 herein.

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8.9.4 Additional conditions.
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1) The planning board may recommend, and the town council in granting the permit may
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designate, such conditions in addition and in connection therewith as well as in its opinion
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assure that the use in its proposed location will .be harmonious with the spirit of this chapter.
All such additional conditions shall be entered in the minutes of the meeting at which the -
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permit is granted and also on the certificate of the conditional use permit or on the plans
submitted therewith. All specific conditions shall run with the land and shall be binding on
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the original applicants for the conditional use permit, their heirs, successors and assigns.
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2 In addition to the specific conditions imposed b the regulations of this chapter and
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whatever additional conditions the council deems reasonable and appropriate, all conditional
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uses, shall comply with the height, yard area and parking regulations for the district in which
they are io be located. If additional. yard area is required for a conditional use, such
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additional area may be used for off-street parking.
8.9. S Action by planning board
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The planning board shall forward its recommendations to the town council within thirty (30) days
j
after the meeting of the.planning board's final action. Failure to submit a recommendation within .
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this period shall be deemed a favorable recommendation.
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a8.9.6
Action by town council
1) Notice of public hearing. No conditional use permit shall be issued by the town council
auntil
public notice is given of a public hearing to be held. Notice of public hearing shall be
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published in accordance with G.S. section 160A-364. Public notice may also be posted on
O2)
the property in question, indicating the date of public hearing.
Public hearing. The applicant shall present his request in the following manner:
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a) All persons shall be sworn or affirmed before presenting evidence to the town council,
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b) All persons shall offer only competent material and substantial evidence in any
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presentation to the council. Competency shall be determined by the council in its
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decision.
c) All persons participating in the hearing or their representatives shall have an opportunity
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to cross-examine adverse witnesses and to inspect any evidence presented.
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. The applicant shall be allowed the opportunity to offer competent evidence in explanation
Dd)
or rebuttal to objecting participants.
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e) Following the presentation of all evidence both for and against the application for
conditional use permit, the hearing may be continued until the next regularly scheduled
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meeting of the. town council or as soon thereafter as possible, at which time the council
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will render its decision on the application and will state its reasons, orally or in writing,
Ofor
approving or disapproving the application.
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The town council in granting the permit, must find that all four 4 of the following
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factors exist:
O1.
That the use will not materially endanger the public health or safety if located where
Nissuance
proposed and developed according to the plan as submitted and approved by the
of the conditional
use permit;
2. That the use meets all required conditions and specifications;
I3.
That the use will not substantially injure the value of adjoining or abutting property,
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or that the use is a public necessity; and
4. That the location and character of the use if developed according to the plan as
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submitted and approved will be in harmony with the area in which it is to be located
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and in general conformity with the land use plan and its policies for growth and
development as applicable the Town of Surf City.
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Ng)
A finding of the town council that the four (4) required conditions exist, or a finding that
Aand'
one or more of the four (4) required conditions do not exist shall be based on sufficient
competent evidence presented to the town council at the hearing at which the
Lconditional
use permit is required.
3) Issuance, denial of permit. When issuing or denying conditional use permits, the town
council shall follow the procedures for board of adjustment except that no vote greater than a
Udecision
majority vote shall be required for the town council to issue such permits, and every such
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of the town council shall be subject to review by the superior court by proceedings
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in the nature of a certiorari. .
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8.9.7 Denim
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If the planning board recommends denial of the conditional use permit request, and/or if the town
council denies the permit, each body shall enter the reasons for its action in the minutes of the
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meeting at which the action is taken. '.
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8.9.8 , Appeal.
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No appeal may be taken to the board of adjustment from the town council in granting or denying
action
conditional use permit. Any appeal from an by the town council on conditional uses
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shall be pursued in accordance with section 14.5 of this ordinance.
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8.9.9 Permit voidance
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Iwith
1) The town planner shall ensure compliance with the plans approved by the town council or
imposed the In the failure to
any other conditions upon conditional use permit. event of
comply, no building permits for further construction or certificate of occupancy under this
Cconditional
use permit shall be issued, and all completed structures shall be regarded as
Tnonconforming
uses subject to the provisions of this ordinance.
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2) A conditional use permit, issued by the town council, shall become null and void if
construction or occupancy of the proposed use as specified on the conditional use permit has
not commenced within six (6) months of the date of issuance. An extension of time for a
conditional use permit, not to exceed a period of six.(6) months, may be granted by the
planning board upon review, provided application for such extension is submitted in writing .
prior to the original expiration date. Decisions of planning board regarding conditional use
permit extension requests may be appealed to the council by any person having a direct
relationship to said action and aggrieved by such action in the manner prescribed in this
section; provided, however, that such an appeal must be presented within ten (10) days from
the date of decision by the planning board.
8.9.10 Modifications to approved plan. `
1) Major changes to approved plans and conditions of development may be authorized only by
the town council after review and recommendation by the planning board in the same manner
as outlined in this section for original submission. Major changes include, but are not limited
to:
a) Change in use;
b) Increase in intensity of the development; such as, increase in density of units, whether
residential, office, commercial or industrial; an increase in number of off-street parking
or loading spaces; or, an increase in impervious surface area;
c) An increase in overall ground coverage by structures;
d) A change in any site dimension by more than ten (10) percent;
e) A reduction in approved open space or screening;
f) A reduction in size of city utilities;
g) A change in the soil erosion and sedimentation controls as approved by the town planner; .
h) A change in access and internal circulation design.
?) Minor changes, which are - not deemed as major change by the town planner, may be
authorized;by the town planner if required by engineering or other physical circumstances not
foreseen at the time of approval (other government agencies).
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SECTION 9.0 MANUFACTURED HOME,
MANUFACTURED HOME PARKS
AND CAMPGROUNDS
9.1 Manufactured Home.
A dwelling unit, constructed after July 1, 1976, that meets or exceeds the construction standards
of the U.S. Department of Housing and Urban Development on the date of its manufacture. A
manufactured home is at least eight (8) feet wide and forth (40) feet in length; may be composed
of one or more components, each of which was substantially assembled in a manufacturing plant
and designed to be transported to the home site on its own chassis and be placed on temporary or
permanent foundation. Unless located in a manufactured home park, manufactured homes are to
be placed on the lot to be in harmony with nearby site -built structures. Where there are no nearby
structures for comparison, it shall be sited with the front running parallel to the street. All
manufactured homes must meet wind zone requirements as set forth in the North Carolina State
Building Code. Manufactured homes are for dwelling purposes only and are not to be used as
accessory buildings or office space except as temporary offices on construction sites or sales
offices on manufactured home sales lots. The term manufactured home shall also include the
term "Mobile Home." Manufactured homes in the Town of Surf City are classified in the
following categories:
1) Class A: A double -wide or multi -sectioned manufactured housing unit that meets the U.S.
Housing and Urban Development Department manufactured home construction standards and
adhere to the following appearance criteria:
a) The main portion of the building shall have a length not exceeding four times its width.
The minimum width shall be sixteen (16) feet.
b) The pitch of the main roof of the building shall have a minimum rise of three (3) feet for
each twelve (12) feet of horizontal run. The roof shall be finished with a type of shingle
that is commonly used in residential construction. The eave projection shall be no less
than six (6) inches, which may include a gutter.
c) The exterior siding shall consist predominantly of vinyl or aluminum lap siding (whose
reflectivity does not exceed that of flat white paint), wood or hardboard, comparable in
composition, appearance and durability to the exterior siding commonly used in
residential construction.
d) All Class A manufactured homes shall be placed on brick, concrete block, or other
masonry foundation. The foundation shall be continuous and unpierced except for
ventilation as required by the state of North Carolina Regulations for Manufactured/
Mobile Homes.
e) Class A manufactured homes shall have either a deck or a porch with steps. This
structure shall be located in the front of the home. The minimum square footage shall
measure at least thirty-six (36) square feet. If the homeowner chooses to construct the
deck or porch larger than thirty-six (36) square feet, it must meet Volume VII of the
North Carolina Residential Building Code and the North Carolina Regulations for
Manufactured/Mobile Homes.
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f) The towing apparatus and tongue shall be removed upon final placement of the unit and
the unit must be underskirted or screened with shrubbery. Such shrubbery shall be of a
height and density to assure a total visual barrier of the original location of the towing
apparatus and maintained to continue its effectiveness. All items removed from the unit
such as the towing apparatus and tongue shall be removed from the lot or contained
within an enclosed building.
2) Class B: A single -wide manufactured housing unit that meets the U.S. Department of
Housing and Urban Development manufactured home construction standards and also meets
the following appearance criteria:
a) Roof pitch is at least a three (3) foot rise for every twelve (12) feet of horizontal run. The
roof shall be finished with a type of shingle that is commonly used in residential
construction.
b) The exterior siding shall consist predominantly of vinyl or aluminum lap siding (whose
reflectivity does not exceed that of flat white paint), wood or hardboard, comparable in
composition, appearance and durability to the exterior siding commonly used in standard
residential construction.
c) Class B manufactured homes must be underpinned. This underpinning may consist of
vinyl or masonite materials manufactured for that purpose or the home may be placed on
a permanent foundation of masonry materials such as brick, block or stone.
d) A deck or porch of at least thirty-six (36) square feet in size must be located on the front
of the home.
e) Towing apparatus and tongue to be removed or screened with landscaping.
3) Class C: Double=wide manufactured housing unit existing in the Town of Surf City prior to
adoption date of this ordinance, that meets the U.S. Department of Housing and Urban
Development manufactured home construction standards, but does not meet the town's
appearance criteria. Such manufactured homes may only be relocated to manufactured home
parks or on lots of record in the RA and R-5M Districts in existence prior to adoption date of
this ordinance. At that time, the home must be underpinned with either masonry materials or
other products manufactured expressly for the purpose of underpinning and installed in
accordance with the manufacturer's specifications.
4) Class D: Single -wide manufactured housing unit existing in the Town of Surf City prior to
adoption date of this ordinance, that meets the U.S. Department of Housing and Urban
Development manufactured home construction standards, but does not meet the town's
appearance criteria. Such manufactured homes may only be relocated to manufactured home
parks or lots of record in the RA and R5M District in existence prior to adoption date of this
ordinance. At that time, the home must be underpinned with either masonry materials or
other products manufactured expressly for the purpose of underpinning and installed in
accordance with the manufacturer's specification.
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a5) Class E: Any manufactured housing unit that does not meet the Town of Surf City appearance
criteria or. the U.S. Department of Housing and Urban Development manufactured home
construction standards. Class E . manufactured will not be permitted in the. town after
adoption date of this ordinance. Homes existing in the town's jurisdiction prior to adoption
date of this ordinance, will be allowed to remain at their current location as nonconformities,
but may not be relocated anywhere in the town's jurisdiction.
9.2 Manufactured Home Park
Any place or tract of land maintained under single ownership, offered or used for the parking of
three (3) or more manufactured homes used or intended to be used for living or sleeping quarters.
9.3 Permit for Manufactured Home Parks Required.
1) It shall be unlawful for any person to construct, maintain or use any lot or other parcel of land
LJ within the zoning jurisdiction of Surf City for a manufactured home park until application has
L1 been made and a permit has been issued by the planning board.
2) No onsite improvements may be made until after a permit has been granted by the planning
board.
3) A manufactured home park permit may be revoked by the planning board upon finding that a
violation of the requirements of this ordinance exists; provided, that the owner, lessee, or
other responsible person is noted in writing of such violation and five (5) days has elapsed
afrom
the date the written notice was received by the owner/developer.
4) It shall be unlawful for any person, firm, or corporation to continue such manufactured home
park or manufactured home lot after a permit has been revoked.
5) Penalties as in section 13 herein shall also apply.
9.4 Payment of Fees.
Developers proposing manufactured home parks shall pay a non-refundable fee in accordance
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with,the Town of Surf City fee schedule.
9.5 Manufactured Home Spaces..
All manufactured homes within the park shall be located in designated manufactured home
spaces. There must be at least three (3) improved manufactured home spaces available at first
Doccupancy
to qualify as a manufactured home park.
9.6 . Setback Requirements.
Setbacks within manufactured home parks shall be twenty (20) feet from front yard, ten (10) feet
side yard, fifteen (15) feet comer side yard and ten (10) feet rear yard.
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9.7 Manufactured Home Placement.
Each manufactured home shall be set up and installed on a manufactured home space within the
manufactured home park in accordance with all applicable State of North Carolina regulations for
the installation of manufactured homes adopted and published by the North Carolina Department
of Insurance. Each manufactured home space shall contain at least five thousand (5,000) square
feet of ground area and be clearly defined by means of either concrete or iron pipe markers placed
at all corners or by establishing concrete patios. Each manufactured home space shall be graded
so as to prevent any water from ponding or accumulating on the premises. All drainage of the
park must be confined or piped in such a way that it will not endanger any water supply. Each
manufactured home space shall have a site number, of seven (7) inch high permanent lettering
attached or painted on the electrical service.
9.8 Responsibility.
The owner of the land on which a manufactured home park is located is responsible to ensure that
each manufactured home setup meets all local, state, and federal regulations. Once the owner
authorizes an individual, firm or corporation to set up a manufactured home, said individual, firm
or corporation shall be deemed to be the expressed or implied agent of the owner for the purpose
of complying with the requirements herein.
9.9 Off -Street Parking Requirements.
Two (2) off-street parking spaces of stone gravel base on a well -compacted sub -base, shall be
provided and maintained for each manufactured home space. Maintenance of such parking areas
shall be provided by the owner or operator of the park. Required parking spaces may be included
within the minimum required lot area for each manufactured home space. Alternatively,
community off-street parking areas may be provided within the manufactured home park.
9.10 Public Street Access.
No manufactured home space within a manufactured home park shall directly access a public
road. Access to all manufactured homes and accessory structures within the manufactured home
park shall be made using internal streets. A driveway permit must be obtained from the North
Carolina Department of Transportation.
9.11 Internal Street Standards.
Internal streets shall be constructed a minimum of twenty (20) feet wide and be constructed to
provide an all weather surface, either paved or unpaved, and be maintained to provide all weather
access. Permanent dead-end streets shall have a cul-de-sac constructed forty (40) feet in
diameter. It will be the responsibility of the developer to have a practicing engineer licensed in
the State of North Carolina to certify that these minimum road standards have been met. Traffic
control signs and street name signs shall be installed where necessary. Street lighting shall be
required throughout the park.
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9.12 Underpinning.
All manufactured homes in the park shall have continuous underpinning of wood, masonry, or
some other similar exterior grade material underpinning approved and designed for underpinning,
unpierced except for required ventilation. If the tongue, axles, transporting lights, and removable
towing apparatus are not removed, it shall be screened from view from any adjoining public street
right -of --way. Such screening shall be in the form of natural plantings or opaque walls or fences.
9.13 Screening.
All proposed manufactured home parks shall provide a screen or buffer between the park and any
property adjacent to the park (exclusive of any rights of ways). Compliance with this section
shall constitute either planting a double row of evergreens staggered a maximum of six (6) feet
apart, and being a minimum of three feet in height, or erection of a fence, screen, and the like,
maximum of six (6) feet in height so -as to block visual access. Maintenance of screening .or
buffers is the responsibility of the park owner..
9.14 Steps.
All manufactured home spaces in proposed parks shall have a solid, well -constructed set of steps
for use by tenants. Loosely stacked brick, block, and the like, shall not meet the requirements of
this section. It shall be the responsibility of the owner of the manufactured home to furnish the
steps.
9.15 Ground Maintenance.
The grounds of a manufactured home park shall be kept free of trash, litter and debris. Grounds,
buildings and storage areas shall be properly maintained to prevent the infestation of rodents,
vermin and insects. It shall be the responsibility of the manufactured home park owner to
maintain the manufactured home park in accordance with these standards at all times.
9.16 Plan Requirements.
A plat at a scale no greater than one hundred (100) feet to one (1) inch should be completed by a
registered surveyor and submitted to the town planner and shall include the following
information:
1) The proposed name of the park.
2) The name of the owner/owners of the parcel.
3) The name of the designer/surveyor of the park.
4) The tax identification number of the parcel/parcels.
5)- The deed book and page of the parcel/parcels.
6) Boundaries of the tract shown with bearings and distances.
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7) Streets, driveways, open areas, parking spaces, service buildings, water, courses, easements,
flood plains, setbacks, the right-of-way of the interior driveway, manufactured home spaces
(numbered) and all existing structures.
8) Vicinity map showing the location of the park and the surrounding land usage.
9) Date, graphic scale and approximate north arrow.
10) Location of public water and sewer if available.
11) Acreage in total tract, acreage in park for other land usage and site calculations for each
manufactured home space.
12) Minimum number of manufactured home spaces.
Prior to taking action on a manufactured home park plan, the planning board may request reports
from the District Highway Engineer; the County Health_ Director; North Carolina Department of
Environment, Health and Natural Resources; the Building Inspector; the County Soil
Conservation Services' and other officers or agencies directly affected by the proposed
development.
,The planning board shall make a decision on the plan approval within ninety (90) days of receipt
of the submittal of the plat. If the planning board disapproves the final manufactured home park
plan, the reasons for such action shall be noted in the minutes of the planning board and reference
shall be made to the specific section of the ordinance with which the plan does not comply. The
planning board, where it deems necessary may require additional work to be completed.when it
affects the safety, health and welfare of those families who will be residing in the approved park.
Action of the planning board shall be noted on seven (7) prints of the final plan and forwarded to
the following:
1) Owner/Developer
2) Community Development Department
3) Environmental Health Department
4) Building Inspections Department
5) North Carolina Department of Transportation
6) County Tax Office
7) North Carolina Department of Environment, Health, and Natural Resources,
9.17 Issuance of a Zoning Permit.
After the park plan has been approved by the planning board, the town planner shall issue a -
zoning permit. If the construction of the park has not begun within twelve (12) months from the
date of issuance, the zoning permit will become null and void. The town planner, however, may
grant an extension to the zoning permit if the developer shows cause.
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9.18 Effects on Existing Manufactured Home Parks.
Manufactured home parks that are operating as existing approved parks as of the effective date of
this ordinance may continue to . operate under the terms of their operating permit and remain
unaffected by this.ordinance. However, any expansion of such parks. to the extent that the
additional number of manufactured home spaces exceeds fifty (50) percent of the number of
spaces in existence on the effective date of this ordinance must conform to the regulations herein.
In addition, if such park should have its operating permit revoked or should cease operation for a
period of twelve (12) months then the park shall not reopen until it complies with the regulation
contained herein, as well as all other applicable state and local laws.
9.19 Other Applicable Statutes and Requirements.
Class A, B, C, and D manufactured homes may be located in properly permitted manufactured
home parks.. The granting of a permit under the provisions of this section shall in no way affect
any other type of approval required by any other statute or ordinance of the local, state or federal.
government, but shall be construed as an added requirement.
9.20 Campgrounds.
1) Intent. The special provisions for campgrounds are designed to encourage the
compatibility of these parks with surrounding land uses, maintain a safe and healthy
atmosphere, minimize- adverse environmental impacts and stabilize demand on local
public services in zoned areas of the town.
2) Use. Campgrounds shall be used only by recreational vehicles, pick-up coaches, motor
homes, camping trailers, other vehicular accommodations and tents suitable for
temporary habitation and use for travel, vacation, and recreation purposes.
.3) Site Plan. In addition to any other information required by the Town Planner, the site
plan shall include the name and address of the applicant, a small vicinity map, as well as
a map showing the property dimensions, the location and dimension of each recreational
vehicle site, the location and use of all service and recreational facilities, all interior
access ways, and. the .location of all proposed facilities for sanitation, solid waste,
drainage and fire prevention. Site plans shall be approved by the health department and
the North Carolina Department of Transportation for ingress and egress to and from
public streets and alleys.
4) Area and Site Regulations. Area of the campground shall be no less than three (3) acres.
Density shall be no more than twenty (20) sites per acre. Each recreational vehicle site
shall be at least one thousand eight hundred (1,800) square feet in area. Each site shall . .
-contain a stabilized vehicular parking pad'of packed gravel, marl, paving or other suitable
material. Prior to first occupancy, a certified statement of compliance shall be obtained
from the Town Planner.
.5) Exterior Yard Requirements. A setback of twenty (20) feet from a public right-of-way or
O from a property line abutting a residential lot or residential zone shall be required. All
other yard setback requirements shall be ten (10) feet.
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6) Public Street Access. No recreational vehicle space within a campground shall directly
access a public road. Access to all recreational vehicle and accessory structures within
the park shall be made using internal streets. A driveway permit must be obtained from
the North Carolina Department of Transportation.
7) Accessory Uses. Each campground park shall have at least one telephone available for
public use. Management headquarters, manager's residence, recreational facilities,
toilets, dumping stations, showers, coin -operated laundry facilities, stores. and the uses
and structures customarily incidental to operations of a campground are permitted as
accessory uses to the campground, subject to the following restrictions:
a) Such establishments (excluding recreational facilities) and the parking areas
primarily related to their operations shall. not occupy more than ten (10) percent of
the gross area of the park.
b) The structures housing such facilities shall not be located closer than one hundred
(100) feet to any public street and shall not be directly accessible from any public
street but shall be accessible only from a street within the park.
c) Such structures containing toilets, bathhouses and other plumbing fixtures shall
adhere to the requirements in the most current edition of the North Carolina State
Plumbing Code, as amended.
8) Parking. Adequate off-street parking and maneuvering space shall be provided on site.
The use of any public street, sidewalk or right-of-way or any other private grounds not a
part of the recreational vehicle parking area for the parking or maneuvering of vehicles is
prohibited.
9) Internal Street Standards. Internal. streets shall be constructed eighteen (18) feet wide and
contain a minimum depth of six (6) inches of stone gravel base with proper ditching,
drainage, and seeding of slopes. Permanent dead-end streets shall have -a cul-de-sac
constructed forty (40) feet in diameter. It will be the responsibility of the developer to
have a practicing engineer licensed in the State of North Carolina.
10) Screening. Campgrounds shall be enclosed by a fence, wall, landscape screening, earth
mounds or by other designs from all contiguous residential areas in a manner that will
complement the landscape and assure compatibility with adjacent environment.

10.1 Establishment of a Vested Right.
1) A vested right shall be deemed established upon the valid approval, by the town council,
as applicable, of a site specific development plan following notice and public hearing as
provided for by law.
2) The approval authority may approve a site specific development plan upon such terms
and conditions as may be reasonably necessary to protect the public health, safety and
welfare. Such conditional approval shall result in a vested right being established;
provided, that failure to satisfy any of the terms and conditions so imposed will result in a.
forfeiture of vested rights.
3) A site specific development plan shall be deemed approved as of the effective date of the
approval authority final action or adoption of an ordinance relating thereto.
10.2 Approval Procedures and Approval Authority.
1) Except as otherwise provided -in this ordinance, an application for site specific
development plan approval shall be processed in accordance with the procedures
established by ordinance and shall be considered by the designated approval authority for
the specific type of zoning or land use permit or approval for which application is made.
2) If the authority to issue a particular zoning or land use permit or approval has been -
delegated by ordinance to a board, committee or administrative official other than the
town council, in order to obtain a zoning vested right, the applicant must request in
writing at the time of application that the application be considered and acted on by the
town council following notice. and a public hearing as provided . in G.S. 160A-364, 'in
accordance with the procedures set forth in Section 8.9 for consideration of conditional
use permit requests.
3) In order for a zoning vested right to,be established upon approval of a site specific
development plan, the applicant must indicate at the time of application, on a form to be
provided by the town, that a zoning vested right is being sought.
4) Each map, plat, site plan or other document evidencing a site specific development plan
shall contain the following notation: "Approval of this plan establishes a zoning vested
right under-G.S. 160A-385.1. Unless terminated at an earlier date, the zoning vested
right shall be valid until date."
10.3 Duration of Vested Rights.
1) A vested right established pursuant to this section shall remain vested for a period of
two (2) years from:the effective date thereof. .
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2)
Nothing in this section shall be construed to exempt a site specific development plan
with respect to which a vested right has been established from subsequent review; and
approvals by the town to ensure compliance with the terms and conditions of the original
approval as provided for in the original approval or by applicable Town Code
provisions:
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3)
The establishment of a vested right pursuant . to this section shall not preclude the
application of overlay zoning -that imposes additional requirements but does not affect
the allowable type or intensity of use, or ordinances or regulations that are general in
nature and are applicable to all property subject to land use regulation by the town,
including but not limited to: building, fire, plumbing, electrical and mechanical codes.
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New and amended zoning regulations that would be applicable to certain property but
for the establishment of a vested right with respect thereto shall become effective upon
the expiration or termination of_the vested right in accordance with this section.
4) -
Upon issuance of a building permit, the expiration provision of G.S.16OA-418 and the
revocation provisions of G.S. 16OA-422 shall apply, except that a building permit shall
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not expire or be revoked because of the running of time while a zoning vested right
under this section is outstanding.
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10.4
Termination of Vested Rights.
A zoning right that has been vested as in this terminate:
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provided section shall
1)
At the. end of the applicable vesting period with respect to buildings and uses for which
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no valid building permit applications have been filed;
2)
Upon written request or with the written consent of the affected landowner;
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3)
Upon findings by the town council, by -ordinance after notice and a public hearing, that
natural or manmade hazards on or in the immediate- vicinity of the property, if
uncorrected, would pose a serious threat to the public health, safety, and welfare if the
project were to proceed as contemplated in the site specific development plan;
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Upon*payment to the affected landowner of compensation for all costs expenses,and
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other losses incurred by the landowner, including, but • not limited to, all . fees paid in
consideration of financing, and all architectural, planning, marketing, legal and other
consultant's fees incurred after approval by the town, together with interest thereon at
the legal rate until paid. Compensation shall not include any diminution in the value of
the which is caused by such action;
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property .
5)
Upon findings by the town council, by ordinance after notice and a hearing, that the
landowner
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or his representative intentionally supplied inaccurate information or made
material misrepresentations which made a difference in the approval by the approval
authority of the site specific development plan; or
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6) Upon the enactment or promulgation of a state or federal law or regulation that precludes
development as contemplated in the site specific development plan, in which case the
approval authority may modify the affected provisions, upon a finding that the change in
state or federal law has a fundamental effect on the plan, by ordinance after notice and a
hearing.
10.5 Miscellaneous Provisions.
1) A vested right, once established as provided for in this ordinance, precludes any zoning
action by the town which would change, alter, impair, prevent, diminish, or otherwise
delay the development or use of the property as set forth in an approved site specific
development plan.
2) Nothing in this ordinance shall prohibit the revocation of the original approval or other
remedies for failure to comply with applicable terms and conditions of the approval or
the zoning ordinance.
3) A vested right is not a personal right, but shall attach to and run with the land with
respect to the affected property. All successors in title and interest of the owner who
obtained the vested right shall be entitled to exercise the right.
10.6 Voluntary Annexation.
A petition for annexation filed with the town under G.S. 160A-31 or G.S. 160A-58.1 shall contain
a signed statement declaring whether or not any zoning vested right with respect to the properties
subject to the petition has been established under G.S. 160A-385.1 or G.S. 153A-344-1, or the
failure to sign a statement declaring whether or not a zoning vested right has been established,
shall be binding on the landowner and any such zoning vested right shall be terminated.
10.7 Limited.
Nothing in this ordinance is intended or shall be deemed to create any vested right other than
those established pursuant to G.S. 160A-385.1
a10.8 Repealer.
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In the event that G.S. 160A-385.1 is repealed, this ordinance shall be deemed repealed and the
provisions hereof no longer effective.
10.9 Effective Date.
This ordinance shall only apply to site specific development plans approved on or after
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SECTION 11.0 ADMINISTRATION AND ENFORCEMENT.
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a11.1
Administration and Enforcement.
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The town planner and/or his designee shall administer and enforce this ordinance. He may be
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provided with assistance of such other persons as the town council may direct.
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If the town planner shall find that any of the provisions of this ordinance are being violated, he
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shall notify in writing the person responsible for such violation indicating the nature of the
violation and ordering the action necessary to correct it. He shall order discontinuance of illegal
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use of land, buildings, or structures; removal .of illegal buildings or structures or of additions,
alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall
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take any other action authorized by this ordinance to insure compliance with or to prevent
violation of its provisions.
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11.2 Zoning Permit Required for New or Altered Uses.
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It shall be unlawful to create, erect, change, convert or wholly or partly alter or enlarge the use of
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a structure until a zoning permit shall have' been issued by the town planner stating that the
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proposed use of the building or land conforms to the requirements of this ordinance.
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permit for erection, alteration, moving or repair of any building shall be issued until an
application has been made for a zoning permit. The permit shall be issued in conformity with
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aprovisions
of this ordinance upon completion of the application.
11.3 Temporary Zoning Permits.
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temporary zoning permit may be issued by the town planner for a period not exceeding six (6)
months during alterations or partial occupancy, of a building pending its completion. A temporary
zoning permit may be issued by the town planner for a period not exceeding two (2) weeks for
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bazaars, carnivals, seasonal sales, or religious revivals. Temporary Permits may be renewed one
time for an additional two (2) weeks. A continuous period of 30 : days shall elapse, between
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issuance of temporary permits. Such temporary permits may require such conditions and
safeguards as will protect the safety of the occupants and the public. Such conditions may
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include maintaining safe ingress and egress, location of signs, and maintaining parking facilities.
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The town planner shall maintain a record of all zoning permits and monthly summary of all
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permits shall made available to the public.
Failure to obtain a zoning permit shall be violation of this ordinance and punishable under section
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13.3 of this ordinance.
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11.4 Construction and Use to be as Stated on Zoning Permits.
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Zoning permits issued on the basis -of plans and. applications approved by the town planner
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authorize only the use, arrangements, and construction set forth in such approved plans. and
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applications. Use, arrangements, or construction at variance with that authorized shall be deemed
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a violation of this ordinance and punishable as provided by section 13.3 herein.
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11.5 Right of Appeal.
If the zoning permit is denied, the applicant may appeal the action of the town planner to the
board of adjustment.
11.6 Certificate of Occupancy.
No new building or part thereof shall be occupied, and no addition or enlargement of any existing
building shall be occupied, and no existing building after being altered or moved shall be
occupied and no change of occupancy shall be, made in any existing building or part thereof, until
the building inspector with the approval of the town planner has issued a certificate of occupancy.
A temporary certificate of occupancy may be issued for a portion or portions of a building which
may safely be occupied prior to final completion and occupancy of the entire building.
Applications for a certificate of occupancy may be made by the owner or his agent after all final
inspections have been made for new buildings, or, in the case of existing buildings, after
supplying the information and data necessary to determine compliance with this ordinance and
appropriate regulatory codes of the town for the occupancy intended. The building inspector shall
issue a certificate of occupancy when, after examinations and inspection and consultation with the
town planner, it is found that the building in all respects conforms to the provisions of the
ordinance and appropriate regulatory codes of the town for the occupancy intended.
11.7 Duties of Town Council, Board Of Adjustment, Courts, and Town Planner as to
Matters of Appeal.
It is the intention of this ordinance that all questions arising in connection with the enforcement of
this ordinance shall be presented first to the town planner and that such questions shall be
presented to the board of adjustment if there is disagreement with the town planners
interpretation.
It is further the intention of this ordinance that the duties of the town council in connection with
this ordinance shall not include the hearing and passing of disputed questions that may arise in
connection with the enforcement thereof, but only considering and -passing upon any proposed
amendment or repeal of the ordinance text and map.
11.8 Protest Vote Requirement.
In the case of a protest against a zoning change, signed by the owners of twenty (20) percent or
more either of the area of the lots included in a proposed change, 'or of the immediately adjacent
thereto either in the rear thereof or on either side thereof, extending one hundred (100) 'feet
therefrom, or of those directly opposite thereto extending one hundred (100) feet from the street
frontage of the opposite lots, and amendment shall not become effective except by favorable vote
of three -fourths of all members of the town council. (G.S. 160A-385)
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aSECTION
12.0 AMENDMENTS
12.1 Amending the Ordinance.
The town council may amend the text regulations and zoning map according to. the following
procedures. The following action shall betaken by the applicant:
1) Initiation of amendments, Proposed amendments may be initiated by the town council,.
planning board, board of adjustment, town staff, or by one (1) or more interested parties.
2 Proposed zoning ordinance text or ma amendments shall be submitted at least twenty
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aconsidered.
(20) working days in advance of the planning board meeting at which they are to be first
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3) An application fee, as set by the Town Council, shall be charged for amendment requests
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shall accompany the amendment application.
4) Completed applications and supporting data must accompany the fee in order to be
considered as a valid proposal for a text amendment or map amendment for the board
meeting deadline.
12.2 Action by the Planning Board; Planning Board Consideration.
The planning board shall consider and make recommendations to the town council concerning
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proposed zoning amendment.
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12.3 Action by the Town Council; Notice and Public Hearings.
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amendment shall be adopted by the town council until after public notice and hearing. Notice
of public hearing shall be published once a week for two (2) successive calendar weeks in the ;
local newspaper. The notice shall be published the first time not less than ten (10) days nor more
than twenty-five (25) days before the date fixed for the hearing. Public notice may also be posted
on the property concerned indicating the proposed change and date of public hearing.
Before taking such lawful action as it may deem advisable, the town council shall consider the
planning board's recommendation on each proposed zoning amendment.
1) Petitions for amendments that receive a favorable recommendation of the planning board,
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or petitions on which the planning board fails to make a recommendation within forty-
five (45) days of its first consideration, shall be scheduled for a public hearing before the
town council, unless withdrawn or postponed at the applicant's request. Such hearings
shall be duly advertised.
2) Petitions for amendments that receive an unfavorable or adverse recommendation of the
planning board may be appealed within ten (10) days of the date of such adverse .
decision, to the town council by filing with the town clerk of the council a notice, in
writing, stating therein the action of the planning board and the amendment requested.
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Before taking action on any proposed amendment, the town council shall hold a public
hearing. Public hearings on proposed zoning amendments will be held at such times as
the town shall decide.
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In addition to the present public hearing notice requirements for zoning classification action
(zoning map amendment) involving a parcel of land, the owner of that parcel of land as shown on
the county tax listing, and the owners of all parcels of land within two hundred (200) feet in -any
direction of the parameter boundary of the subject parcel of land (exclusive of rights -of -way)
shown on the county tax listing, shall be mailed a notice of the proposed classification by first
class mail at the last addresses listed for such owners on the county tax abstracts.
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12.4 Resubmission of a Denial Petition.
No resubmission of a denial petition may. be resubmitted within -six (6) months of its previous '
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denial.
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SECTION 13.0 LEGAL PROVISIONS
O13.1 Provisions of Ordinance Declared to be Minimum Requirements.
a The provisions of this ordinance shall be held to be minimum requirements, adopted for the
promotion of the public health, safety, morals, or general welfare. Whenever the requirements of
this ordinance are at variance with requirements of any other lawfully adopted regulations, the
amost restrictive or that imposing the higher standards shall govern.
13.2 Complaints Regarding Violations.
aWhenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file
a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with
the town planner. He shall record properly such complaint, immediately investigate, and take
action thereon as provided by this ordinance.
13.3 Penalties for Violation (G.S.160A-175).
Violation of the provisions of this ordinance or failure to comply with any of its requirements
(including violations of conditions and safeguards established in connection with grants of
variances) shall constitute a misdemeanor. Any person who violates this ordinance or fails to
comply with any of its requirements shall, upon conviction thereof, be fined not more than fifty
(50) dollars or imprisoned for no more than thirty (30) days, or both, and, in addition shall pay all
cost and expenses involved in the case. Each day such violation continues shall be considered a
separate offense.
a The owner or tenant of any building, structure, premises or part thereof and any architect, builder,
contractor, agent or other person who commits, participates in, or maintains such violation may
each be found guilty of a separate offense and suffer the penalties herein provided.
Q Nothing herein contained shall prevent the Town of Surf City from taking such other lawful
actions as is necessary to prevent or remedy any violation pursuant to G.S. 160A-175.
a13.4 Approval of Pender or Onslow County Board of Health.
The building inspector shall not issue a building permit for any structure which requires the board
a of health's approval for the installation of a sewage disposal system until such approval has been
granted by the Pender or Onslow County Board of Health. Evidence of approval shall accompany
the application for a building permit.
a13.5 Separability and Nonliability.
Should any section or provisions of this ordinance be declared by the courts to be unconstitutional
or invalid, such decisions shall not affect the validity of the ordinance as a whole, or any part
thereof, other than the part so declared to be unconstitutional or invalid. The town does not
guarantee, warrant or represent that only those areas designated as floodlands will be subject to
D periodic inundation or that those soils listed as being unsuited for specific uses are the only
unsuitable soils, and hereby asserts that there is no liability on the part of the governing body, its
agencies, or employees for any flood damages, sanitation problems, or structural damages that
Dmay occur as a result of reliance upon, and conformance with, this ordinance.
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13.6 Effective Date.
This ordinance shall take effect and be in force from and after its adoption on .2003
by the town council of the Town of Surf City, N.C.
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SECTION 14.0 BOARD OF ADJUSTMENT
14.1 Creating the Board Of Adjustment.
The Surf City, town council shall provide for the appointment of the board of adjustment
(hereinafter called the board). Insofar as possible, members of the board shall be appointed from
different areas within the town zoning jurisdiction. The board shall consist of a minimum of five
(5) members. Insofar as possible, initial appointments to the board shall be as follows: one-third
(1/3)'for a term of three (3) years; one-third for a term of two (2) years; and one-third for a term
of three (3) years to serve in the absence of regular members. The successor to the regular and
alternate members shall be appointed. for three-year terms._ Vacancies shall be filled for the
unexpired term only. Members of the board of adjustment may be removed for cause in
accordance with their rules or procedure.
14.2 Meetings.
The town council shall appoint one (1) of the board members as chairman and another as vice-
chairman who shall serve for one (1) year. The board shall draw up and adopt rules of procedures
under which it will operate. Meetings of the board shall be held at the call of the chairman and at
such times as the board may determine. The chairman, or in his absence, the acting chairman,
may administer oaths and compel the attendance of witnesses. All meetings of the board shall be
open to the public. The board shall keep minutes of its proceedings, showing the vote of each
member upon every question, or his absence or failure to vote, indicating such fact, and also keep
records of its examination and any other official action.
14.3 Filing and Notice for an Appeal.
Appeals from the enforcement and interpretation of this ordinance and application for variances
may be taken to the board of adjustment by any person aggrieved or by any office, department,
board or bureau of the town affected. Notice of appeal to the board of adjustment shall be filed
with the town planner. An appeal stays all proceedings in furtherance of the action from, unless
the town planner certifies to the board that, by reason of facts stated in the certificate, a stay
would, in his opinion, cause imminent peril to life and property,. in which case proceedings shall
not be stayed otherwise than by a restraining order, which may be granted by the board or by a
court of record.
Hearing of the appeal. After receipt of the notice of appeal, the board chairman shall schedule the
time for a hearing, which shall be at least twenty (20) working days following receipt of the
appeal and which shall allow adequate time for required public hearing notices..
Notice. At least one (1) week prior to the date of the hearing, the town planner shall furnish all
adjoining property owners with written notices of the hearing. Notice of public hearings shall be
published once a week for two (2) successive weeks in the local newspaper: Public notice may
also be posted on the property concerned indicating the proposed change and date of public
hearing.
Fees for appeals. Applications for appeals shall be accompanied by the required application fee,
as set from time to time by the town council.
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14.4 Powers and Duties.
The board of adjustment shall have the following powers and duties:
1) To hear and decide appeals where it is alleged by the appellant that there is error. in any
decision made by the town planner or other administrative officials in the carrying out or
enforcement of any provision of the ordinance..A concurring vote of four -fifths of the
members of the board shall be necessary to reverse, wholly or partly any such decision.
2) To authorize upon appeal in specific cases such variances from the terms of this
ordinance as will not be contrary to the public interest where, owing to special conditions
a literal enforcement of the provisions of this ordinance would result in unnecessary
hardship. In granting any variance, the board may prescribe appropriate conditions and
safeguards in conformity with this ordinance. A variance from the terms of this ordinance
shall not be granted by the board unless and until the following findings are made:
a) That special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other land, structures
or buildings in the same district;
b) That literal interpretation of the provisions of this ordinance would deprive the
applicant of rights commonly. enjoyed by other properties in the same district under
the terms of this ordinance;
c) That the special conditions and circumstances do not result from the actions of the
applicant;
d) That granting the variance requested will not confer on the applicant any special
privilege that is denied by this ordinance to other land, structures or buildings in the
same district.
14.5 Appeal from the Board of Adjustment.
An appeal from the decision of . the board of adjustment may be made to the Pender County
Superior Court or Onslow County Superior Court, depending upon which county the property in
question lies, within thirty (30) days after the decision is made by the board, but not thereafter.