For the purposes of this ordinance the Town of Surf City is hereby divided into the following use districts:
1) R-5 residential district
2) SF single-family residential district
3) R-5M residential manufactured home district
4) R-10 residential district
5) R-15 residential district
6) MHS manufactured home subdivision
7) RA rural agricultural district
8) MFC multi-family cluster district
9) PUD planned development district- residential
10) O&I office and institutional
11) NB neighborhood business
12) C-1 central business district
13) MU mixed use district
14) C-3 extended (entranceway) commercial district
15) G-1 government district
16) CON conservation district
17) CFOD coastal forest overlay district
(Ord. 2020-10, 12-1-20)
*Editor’s note— Per instruction from the town dated Nov. 3, 2004, certain administrative amendments have been made to section 4.0. The SF, single-family residential, R-15 residential and MFC multifamily residential districts have been added to section 4.1. Further, former section 4.3 has been renumbered as new section 4.1.1, former sections 4.4, 4.5 have been renumbered as new sections 4.1.3, 4.1.4, former sections 4.6, 4.7 have been renumbered as new sections 4.1.6, 4.1.7, and former sections 4.8—4.16 have been renumbered as new sections 4.1.9—4.1.17.
4.1.1 R-5 residential district. The R-5 residential district is established as a district in which the principal use of land is for single family homes and duplexes 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 facilities are available.
1) Permitted uses. Uses permitted within the R-5 zoning district are shown in table of uses, section 4.19.
2) Special uses. Special uses permitted within the R-5 zoning district are shown in table of uses, section 4.19.
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); 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. (3rd 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.
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) Encroachments not exceeding twelve (12) feet in width may encroach up to two feet into the side setback.
l) Stoops for air-conditioners may encroach into the side setbacks, but may only be constructed large enough to accommodate the unit.
m) Access stoops for electrical service boxes may encroach into the side setbacks, but may be no larger than a three (3) foot by three (3) foot (3' × 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.
4.1.2 SF single-family district. The SF residential home district is established as a district in which the principal use of land is for single-family homes (stick built or modular) excluding duplexes, manufactured homes and recreational vehicles. The regulations of this district permit developments provided the necessary public and/or community water and adequate sewage disposal facilities are available. This district is for properties located on the Topsail Island portion of Surf City only.
1) Permitted uses. Uses permitted within the SF zoning district are shown in the table of uses, section 4.19.
2) Special uses. Special uses permitted within the SF zoning district are shown in the table of uses, section 4.19.
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.
d) Lot depth: No minimum.
e) Front yard, minimum required: Fifteen (15) feet, except oceanfront property shall be seven point five (7.5) feet.
f) 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. (3rd floors, not to exceed two hundred fifty (250) square feet shall be exempt from this rule.)
g) Side yard, abutting street, minimum required: Ten (10) feet.
h) Rear yard, minimum required: Twenty (20) feet
i) 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.
j) 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.
k) Building height: Maximum building height shall be forty-eight (48) feet in height above the horizontal plane.
l) Encroachments not exceeding twelve feet in width may encroach up to two (2) feet into the side setback.
m) Stoops for air-conditioners may encroach into the side setbacks, but may only be constructed large enough to accommodate the unit(s).
n) Access stoops for electrical service boxes may encroach into the side setbacks, but may be no larger than a three (3) foot by three (3) foot (3' × 3') stoop with stairs.
4) Additional requirements:
a) Signs shall meet the requirements 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) The creation of through lots is not allowed.
4.1.3 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 4.19.
2) Special uses. Special uses permitted within the R-5M zoning district are shown in table of uses, section 4.19.
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 special use permit issued by the town council.
e) Encroachments not exceeding twelve (12) feet in width may encroach up to two (2) feet into the side setback.
f) Stoops for air-conditioners may encroach into the side setbacks but may only be constructed large enough to accommodate the unit.
g) Access stoops for electrical service boxes may encroach into the side setbacks, but may be no larger than a three (3) foot by three (3) foot (3' × 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.
1) Permitted uses. Uses permitted within the R-10 zoning district are shown in table of uses, section 4.19.
2) Special uses. Special uses permitted within the R-10 zoning district are shown in table of uses, section 4.19.
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 (5,000) square feet (i.e. subdivided duplex).
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 total side yard shall be required for three (3) story structures or a minimum side yard of twelve point five (12.5) feet for all three (3) stories. (Third floors, not to exceed 250 square feet shall be exempt from this rule.)
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.
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.
l) Encroachments not exceeding twelve (12) feet in width may encroach up to two (2) feet into the side setback.
m) Stoops for air-conditioners may encroach into the side setbacks, but may only be constructed large enough to accommodate the unit.
n) Access stoops for electrical service boxes may encroach into the side setbacks, but may be no larger than a three (3) foot by three (3) foot (3' × 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.
4.1.5 R-15 residential. The R-15 residential home district is established as a district in which the principal use of land is for single-family homes (stick built or modular) excluding duplexes, manufactured homes and recreational vehicles. The regulations of this district permit developments, provided the necessary public and/or community water and adequate sewage disposal facilities are available.
1) Permitted uses. Uses permitted within the R-15 zoning district are shown in the table of uses, section 4.19.
2) Special uses. Special Uses permitted within the SF zoning district are shown in the table of uses, section 4.19.
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: Fifteen thousand (15,000) square [feet].
c) Lot width, minimum required: Fifty (50) feet.
d) Lot depth: No minimum.
e) Front yard, minimum required: Fifteen (15) feet, except oceanfront property shall be seven point five (7.5) feet.
f) 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. (3rd floors, not to exceed two hundred fifty (250) square feet shall be exempt from this rule.)
g) Side yard, abutting street, minimum required: Fifteen (15) feet.
h) Rear yard, minimum required: Twenty (20) feet.
i) 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.
j) 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.
k) Building height: Maximum building height shall be forty-eight (48) feet in height above the horizontal plane.
l) Encroachments not exceeding twelve feet in width may encroach up to two (2) feet into the side setback.
m) Stoops for air-conditioners may encroach into the side setbacks, but may only be constructed large enough to accommodate the unit(s).
n) Access stoops for electrical service boxes may encroach into the side setbacks, but may be no larger than a three (3) foot by three (3) foot (3' × 3') stoop with stairs.
4) Additional requirements:
a) Signs shall meet the requirements 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) The creation of through lots is not allowed.
4.1.6 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 4.19.
2) Special uses. Special uses permitted within the MHS zoning district are shown in table of uses, section 4.19.
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. Five (5) additional feet of side yard setback shall be required for each story in excess of two (2) stories (3rd 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.
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 special use permit issued by the town council.
k) Encroachments not exceeding twelve (12) feet in width may encroach up to two (2) feet into the side setback.
l) Stoops for air-conditioners may encroach into the side setbacks, but may only be constructed large enough to accommodate the unit.
m) Access stoops for electrical service boxes may encroach into the side setbacks, but may be no larger than a three (3) foot by three (3) foot (3' × 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.
(Ord. No. 2021-19, 12-7-21)
4.1.7 RA rural agricultural district. The 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 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 4.19.
2) Special uses. Special uses permitted within the RA zoning district are shown in table of uses, section 4.19.
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: 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.
f) 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.
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) Encroachments not exceeding twelve feet may encroach up to two (2) feet into the side setback.
l) Stoops for air conditioners may encroach into the side setbacks, but may only be constructed large enough to accommodate the unit.
m) Access stoops for electrical service boxes may encroach into the side setbacks, but may be no larger than a three (3) foot by three (3) foot (3' × 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.
4.1.8 MFC multi-family cluster district. The MFC residential home district is established as a district in which the principal use of land is for residential development. The regulations of this district permit developments provided the necessary public and/or community water and adequate sewage disposal facilities are available, while protecting open space and the natural environment.
1) Permitted uses. Uses permitted within the MFC zoning district are shown in the table of uses, section 4.19.
2) Special uses. Special uses permitted within the MFC zoning district are shown in the table of uses, section 4.19.
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: Two (2) acres with a maximum density of ten (10) units per acre.
c) Lot width, minimum required: Fifty (50) feet.
d) Front yard, minimum required: Twenty-five (25) feet, except oceanfront property shall be twelve point five (12.5) feet.
e) Side yard, minimum required: Ten (10) feet.
f) Side yard, abutting street, minimum required: Ten (10) feet.
g) Rear yard, minimum required: Twenty (20) feet.
h) All setbacks for principal structures come from the larger parcel of property lines and not from individual structures or units. The minimum setbacks between structures is ten (10) feet.
i) Where MFC property is to be subdivided into individual, single family lots, setbacks for principal structures shall be as follows:
Front yard, minimum required: Fifteen (15) feet.
Side yard, minimum required: Five (5) feet.
Corner yard, minimum required: Ten (10) feet.
Lot size, minimum required: 5,000 square feet.
Lot width, minimum required: Forty-five (45) feet.
j) 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.
k) Open space: New developments shall leave thirty (30) percent of the land in open space.
l) 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.
m) Building height: Maximum building height shall be forty-eight (48) feet in height above the horizontal plane.
n) Encroachments not exceeding twelve (12) feet in width may encroach up to two (2) feet into the side setback.
o) Stoops for air-conditioners may encroach into the side setbacks, but may only be constructed large enough to accommodate the unit(s).
p) Access stoops for electrical service boxes may encroach into the side setbacks, but may be no larger than a three (3) foot by three (3) foot (3' × 3') stoop with stairs.
4) Additional requirements:
a) Signs shall meet the requirements 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) Provide information on the perpetual maintenance of open space.
e) Clustering of homes shall be done to minimize the amount of infrastructure required within the project boundaries.
f) Usable open space shall be planned and improved, accessible and usable by persons living nearby. Improved shall mean cleared of underbrush and debris and may contain one or more of the following improvements: landscaping, walls, fences, greenway trails, bikeways, walks, statues, fountains, recreation fields, and/or playground equipment.
g) Open Space shall be interconnected by pathways to form a continuous stretch of space unless the Planning Board find this unnecessary.
h) Storm water BMP's shall have at least one aerator or aerator fountain installed. If multiple ponds are utilized at least one shall have a minimum (5) five foot walkway around the perimeter.
i) Planted landscaping beds shall be installed around the base of all buildings. Landscape plans shall be submitted at the time of zoning permits. The use of pine straw in these beds is prohibited to reduce fire hazards.
j) Hotel rooms shall be counted as a residential units and be included in the 10 units per acre calculation.
a. 90 % of the hotel parking spaces shall be set behind front of the main building wall building to minimize the impact to the surrounding neighborhood.
k) Decorative street lighting shall be provided as opposed to the standard wood poles provided by the local power provider.
l) Sidewalks must be connected to the porch or entry of a single family homes.
m) Clear-cutting of the property is prohibited. Clearing shall be minimized to the areas of the building sites, active open space and infrastructure improvements.
(Ord. No. 2016-04, 10-4-16; Ord. No. 2020-07, § I, 7-7-20)
4.1.9 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,
* 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
* Provide 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, section 4.19.
2) Accessory uses. Special uses permitted within the PUD district are shown in the table of uses, section 4.19.
3) General requirements.
a) Minimum size: The minimum size of a planned unit development shall be two (2) acres.
b) Location: The planned unit development shall have access to major streets without creating traffic on minor residential streets outside the district. It shall be adequately served by the town's public water system. Where feasible, private facilities, utilities or services approved by appropriate public 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 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;
2. Provide agreements, contracts, deed restrictions and sureties acceptable to Surf City, North Carolina, for completion of such development according to plans approved at the time of the rezoning, and for continuing operating and maintenance to such areas, functions, and facilities as are not to be provided, operated, or maintained by Surf City, North Carolina, pursuant to written agreement; and
3. Bind their successors in title to any 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 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 development under CAMA.
1. Low density district. The low density district shall be limited to one- and/or two-family detached 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) individual single-family units nor more than two-family units may be erected on a common wall.
b. In exchange for the increase in the net density of the low density district, the remaining portion of the land not devoted to lots shall be dedicated or devoted to common open space.
c. Front yard requirement. The minimum front yard requirement shall be fifteen (15) feet.
d. Side yard requirement. There shall be a minimum of twenty (20) feet between structures.
e. Rear yard requirement. No minimum rear yard is required.
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 area shall be provided for each townhouse unit. (See special requirements under supplementary regulations.)
b. Front yard requirement. The minimum front yard setback shall be twenty-five (25) feet.
c. Rear yard requirement. The minimum rear yard setback shall be thirty (30) feet from the perimeter lot line of a townhouse development.
d. Side yard requirement. A minimum side yard of twenty (20) feet shall be provided between the end of a grouping of townhouses and an interior lot line of a townhouse development site, except that on corner lots the side yard abutting a public street shall be equal to the front yard. A spacing of twenty (20) feet shall be provided between the end of each grouping of townhouses, and an additional ten (10) feet shall be required if a driveway is provided between such groupings which shall not be encumbered with walls or other structures or obstructions which will prevent emergency vehicular access between such groups.
3. High density district. The high density district shall be limited to multi-family structures. Condominiums shall be permitted in the high density district, at a maximum density of twenty-four (24) units per gross acre. (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 improvements which are permitted in the common open space must be appropriate to the uses which are authorized for the common open space and must conserve and enhance the amenities of the common open space having regard to its topography and unimproved condition.
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 assures 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. Commercial Density District. The commercial density district shall be limited to ten (10) percent of the overall acreage of the project. If commercial development is desired it shall be done in conjunction with a residential project.
a. Setbacks:
1) Front yard requirement shall be fifteen (15) feet, twenty-five (25) feet if fronting on highways 50, 210 and 17.
2) Side yard shall be ten (10) feet.
3) Rear yard shall be ten (10) feet.
b. Compatibility:
1) All commercial development shall follow the design guidelines set forth in section 4.4 of the Zoning Ordinance.
2) Commercial development shall be designed to blend with the character of the overall project and neighboring communities.
3) Commercial development shall be served internally. All parking lot areas shall be interconnected.
4) All landscaping, sidewalk and lighting ordinances shall be done in compliance with the ordinance.
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,
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 filing the 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.
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 constructed 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 not completed.
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.
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.
(Ord. No. 2007-20, 3-6-07)
4.1.10 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 4.19.
2) Special uses. Special uses permitted within the O&I zoning district are shown in table of uses, section 4.19.
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. (3rd 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 special use permit issued by the town council.
k) Encroachments not exceeding twelve (12) feet in width may encroach up to two (2) feet into the side setback.
l) Stoops for air-conditioners may encroach into the side setbacks, but may only be constructed large enough to accommodate the unit.
m) Access stoops for electrical service boxes may encroach into the side setbacks, but may be no larger than a three (3) foot by three (3) foot (3' × 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.
1) Permitted uses. Uses permitted within the NB zoning district are shown in table of uses, section 4.19.
2) Special uses. Special uses permitted within the NB zoning district are shown in table of uses, section 4.19.
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. (3rd 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 special use permit issued by the town council.
k) Encroachments not exceeding twelve (12) feet in width may encroach up to two (2) feet into the side setback.
l) Stoops for air-conditioners may encroach into the side setbacks, but may only be constructed large enough to accommodate the unit.
m) Access stoops for electrical service boxes may encroach into the side setbacks, but may be no larger than a three (3) foot by three (3) foot (3' × 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.
4.1.12 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 4.19.
2) Special uses. Special uses permitted within the C-1 zoning district are shown in table of uses, section 4.19.
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) Motorized watercraft rentals of more than 10 units are at a minimum subject to all requirements of motorized watercraft rentals of 10 units or less and shall follow the special use process.
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) 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) Encroachments not exceeding twelve (12) feet in width may encroach up to two (2) feet into the side setback.
l) Stoops for air-conditioners may encroach into the side setbacks, but may only be constructed large enough to accommodate the unit.
m) Access stoops for electrical service boxes may encroach into the side setbacks, but may be no larger than a three (3) foot by three (3) foot (3' × 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.
d) Mixed use site provisions:
1. For every two (2) residential units: One thousand (1,000) square feet of commercial space shall be constructed. (i.e. fourteen (14) residential units requires seven thousand (7,000) square feet of commercial space.)
2. Four (4) wet or dry boat slips are allowed to be substituted for one thousand (1,000) square feet of commercial space, (1,000 square feet = 4 slips) (i.e. every two (2) residential units requires one thousand (1,000) square feet of commercial space or four (4) boat slips, up to fifty (50) percent of the required square footage.)
3. Commercial setbacks may be used.
(Ord. of 6-1-04; Ord. of 4-5-05; Ord. No. 2021-14, 9-7-21)
4.1.13 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.
1) Permitted uses. Uses permitted within the MU zoning district are shown in table of uses, section 4.19.
2) Special uses. Special uses permitted within the MU zoning district are shown in table of uses, section 4.19.
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) Motorized watercraft rentals of more than 10 units are at a minimum subject to all requirements of motorized watercraft rentals of 10 units or less and shall follow the special use process.
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 and two (2) family dwellings: Subject to R-5 regulations.
Townhomes: First two (2) dwelling units eight thousand five hundred (8,500) square feet, each additional unit two thousand five hundred (2,500) square feet.
All nonresidential uses: five thousand (5,000) square feet.
c) Lot width, minimum required:
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.
Townhomes: Overall tract width per structure fifty (50) feet.
All nonresidential uses permitted in: fifty (50) feet.
d) Front yard, minimum required:
Single family and two (2) family dwellings: Fifteen (15) 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.
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.
f) Side yard, abutting street minimum required:
Single family and two (2) family dwellings: Ten (10) feet.
Townhomes: Twenty (20) feet, zero (0) for individual units.
All nonresidential uses: Zero (0) feet.
g) Rear yard, minimum required:
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.
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 single family, two (2) family dwellings and townhomes. All nonresidential uses shall not exceed fifty (50) percent.
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: Forty-eight (48) feet.
k) Encroachments not exceeding twelve (12) feet in width may encroach up to two (2) feet into the side setback.
l) Stoops for air-conditioners may encroach into the side setbacks, but may only be constructed large enough to accommodate the unit.
m) Access stoops for electrical service boxes may encroach into the side setbacks, but may be no larger than a three (3) foot by three (3) foot (3' × 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.
d) Maximum number of units per building for townhomes: eight (8).
(Ord. No. 2021-14, 9-7-21)
4.1.14 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. 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 4.19.
2) Special uses. Special uses permitted within the C-3 zoning district are shown in table of uses, section 4.19.
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: 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:
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.
e) Side yard, minimum required: Ten (10) feet.
f) Side yard, abutting street minimum required: Twenty (20) 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, does not include parking.
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: Fifty-five (55) feet.
k) Encroachments not exceeding twelve (12) feet in width may encroach up to two (2) feet into the side setback.
l) Stoops for air-conditioners may encroach into the side setbacks, but may only be constructed large enough to accommodate the unit.
m) Access stoops for electrical service boxes may encroach into the side setbacks, but may be no larger than a three (3) foot by three (3) foot (3' × 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.
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.
4.1.15 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 4.19.
2) Special uses. Special uses permitted within the G-1 zoning district are shown in table of uses, section 4.19.
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.
4.1.16 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 4.19.
2) Special uses. Special uses permitted within the CON zoning district are shown in table of uses, section 4.19.
4.1.17 CFOD coastal forest overlay district. The purpose of this district is to preserve and protect the remaining maritime forests and natural vegetation located in the most vulnerable natural areas. Maritime forests and vegetated areas are recognized as essential to Topsail Island's eco-system. They provide wildlife habitat, stabilization of soil and sand, and are a vital link in natural storm water management through absorption. This natural management acts as a filter necessary to maintaining the health and quality of pristine waters.
1) General requirements.
a) The CFOD shall apply to all properties on Topsail Island as well as all properties adjacent to coastal waters and marshes.
b) The requirements of the CFOD shall be in addition to and apply to all zoning districts located referenced to above.
c) The development of all uses permitted by right or by a special use permit in the underlying district shall be subject to the requirements of the CFOD and the underlying zoning district. In the event of a conflict between the CFOD and the underlying district the CFOD regulations shall apply. If requirements for a particular requirement are not addressed in the CFOD, then the requirements of the underlying regulations shall apply.
2) Dimensional requirements.
a) All existing natural areas and topography shall be preserved outside the building setbacks; septic systems, storm water systems and driveway(s) are exempt.
b) The maximum total footage for driveways is 24 feet of width at the street consisting of no more than two (2) 12 ft driveways or a combination thereof not to exceed 2 driveways and 24 ft wide total driveway width. Driveway design shall minimize land disturbance as much as possible in order to maximize natural areas.
3) Design standards. Development shall be designed to protect the continuing growth of the undisturbed area. In doing so the following requirements shall be met:
a) All CFOD requirements apply to new and existing lots.
b) No lot, parcel, or tract of land may be disturbed by grading, filling, and/or excavation without a town zoning permit.
c) Zoning permits shall be accompanied by a scaled grading plan depicting elevation changes prepared by a licensed surveyor, landscape architect, or professional engineer. A scaled grading plan is not required when fill is not proposed in excess of four inches. However, a sketch shall be submitted to depict areas of proposed fill, grading, and excavation. All fill must be contained on-site by either a retaining wall or sloped no steeper than 3:1 with the fill tying to the existing grade at the lot line. Retaining walls shall not exceed three feet in height unless a certification letter is submitted by a licensed professional engineer stating compliance with state building code requirements.
d) The amount of fill added to a lot shall not be greater than two feet above the crown of the highest adjoining street or access easement. However, an additional one foot of fill, not to exceed a maximum of three feet above the crown of the highest adjoining street or access easement, may be added provided it is demonstrated through a coastal engineering analysis that the proposed fill would not result in any increase in the base flood elevation and not cause any adverse impacts by wave ramping or deflection to the subject structure or adjacent properties.
e) Fill that is necessary to meet any county environmental health department or town/NCDEQ stormwater permit requirement may exceed the fill limit. In which case, fill shall only be allowed to the minimum extent necessary to obtain a permit.
f) If the lot is graded so that the stormwater flows towards a street or access easement, an engineered stormwater system such as a swale, bioretention area, or other approved apparatus must be installed adjacent to the right of way to treat a 1.5-inch rain in 24 hours.
g) If any fill is placed on a lot sediment and erosion control measures must be installed to maintain all sediment within the lot limits. This includes but is not limited to properly installed silt fence.
h) The area of disturbance shall be limited to the area of a lot contained within the front, rear, and side setbacks of the underlying districts, except for the driveway access. If fill is placed the fill must begin to taper back to natural ground at the setback line or be contained by a retaining wall. Fill cannot be placed on or around protected trees.
i) The cutting of brush or vegetation by a registered land surveyor or engineer for the purpose of completing survey work on a parcel of property provided that the cut path does not exceed four (4) feet in width.
j) All trees three (3) inches in diameter measured four (4) feet from the ground may not be removed.
k) Trees pruned back more than twenty (20) percent for the purpose of constructing a building may be removed.
l) Dead and diseased trees may be removed.
m) Pervious materials shall be used for the construction and maintenance of any surfaces located outside the footprint of the principal structure and any accessory buildings allowed. When greater than 20% of the impervious materials located outside of roofed structure are to be removed, they shall be replaced with pervious material without regard to amount or consistency with other materials present at the site. (Commercial development and roads are exempt from this requirement). Pervious materials are, but not limited to, pervious concrete, pervious asphalt, slate gravel, river rock, slatted wood and other similar materials or products designed to allow water to pass through.
n) Setbacks shall be delineated physically on the lot for site inspection purposes.
4) Site plan. Prior to development of a lot an applicant must submit a site plan to the community development department for review and approval. Developing building sites in the CFOD requires maximal preservation of trees and vegetation. The site plan shall show the following:
a) All requirements for a building permit application.
b) All trees in the setbacks greater or equal to three (3) inches in diameter measured four (4) feet from the ground.
c) Location of all structures, utilities, septic tanks, storm water systems, driveways, and parking areas.
d) Location of all natural areas.
5) Enforcement.
a) Trees removed, other than those permitted under this ordinance, shall be replaced by a quantity of trees totaling the diameter of the tree removed (i.e.: six 1" inch may replace one 6" tree). Replacement trees are not to be less than one (1) inch in diameter. All replacement plants shall come from the North Carolina Cooperative Extensions publication "Plants for Seashore Conditions".
b) Replacement trees shall be located on the site of the violation. If the number of replanted trees becomes unhealthy to the trees as determined by staff on the lot in violation, remaining trees shall be used for offsite restoration projects within the jurisdiction of the town.
c) Any lot cleared prior to submitting a site plan shall be accessed a penalty of one (1) tree per foot of road frontage. For example, a 50-foot lot would require fifty (50) trees for replacement.
(Ord. No. 2024-07, § I, 5-7-24)
4.1.18 Conditional Rezoning. A conditional zoning district (aka "CZ'') is intended for a development that has a high level of certainty of being constructed and the most commonly expected application will contain a specified use or uses, permitted by right or special use, accompanied by a plan showing proof of concept and typically including the spatial relation of uses and site elements.
1) Application requirements
a) Except as provided herein, all applications to establish a conditional zoning district shall adhere to the regulations and procedures prescribed in this subsection in addition to the standard general use district rezoning process as described in this Section.
b) Contents of Application - at a minimum, the following (and a description) shall be required for a conditional zoning district to be considered:
i) A list of all uses proposed for the district, which shall be of equal descriptiveness and in the same format and description as listed in the Table of Permitted Uses from this Ordinance.
ii) A list of all setbacks and dimensional standards for every proposed use, which shall be of equal descriptiveness and in the same format and description as listed in the Zoning District Dimensional Requirements, from this Ordinance.
iii) A sketch plan drawn to a suitable scale, with supporting information and text which specifies the location of the use or uses intended for the property and any development or dimensional standards to be approved as part of the establishment of the conditional rezoning district.
iv) The sketch plan shall include the following items:
a. Delineation of all Areas of Environmental Concern including but not limited to federal and/or state jurisdictional wetlands and floodplains.
b. For residential uses, the number of units, heights and a generalized location.
c. For non-residential uses, the height, approximate footprint and location of all structures.
d. Traffic generation calculations and/or Traffic Impact Analysis if required by this Ordinance, parking and circulation plans illustrating dimensions, intersections, and typical cross sections.
e. All proposed setbacks, buffers, screening and landscaping.
f. Phasing.
g. Signage.
h. Outdoor lighting.
i. Current zoning district designation and current land use status.
j. Other information deemed necessary by the Administrator, Planning Board, or Town Council, including but not limited to additional technical reports.
c) Public Input Meeting. Prior to scheduling a public hearing on the rezoning application, the applicant must conduct one public input meeting and file a report of the results with the Administrator
3) Review Approval Criteria for Conditional Rezoning
a) When evaluating an application for the establishment of a conditional zoning district, the reviewing bodies shall consider the following:
i) That the application meets the intent of a conditional rezoning, per this subsection.
ii) That the contents of the application are complete, sufficient, and recorded appropriately either as conditions of approval or on the associated site plan or preliminary plat, and that the appropriate procedures have been followed.
iii) The potential impacts and/or benefits on the surrounding area and adjoining properties.
iv) The report of results from the public input meeting.
v) That sufficient guarantee is in place or can be made that any off-site impacts generated by the proposed project shall be mitigated appropriately at the time the need for the mitigating action is generated.
4) Conditions to Approval of Petition
a) In approving a petition for the reclassification of property to a conditional zoning district, the Administrator or the Planning Board may recommend, and the Town Council request that the applicant add reasonable and appropriate conditions to the approval of the petition. If the applicant and the Town Council do not both explicitly accept these conditions, then the Town Council shall deny the conditional rezoning request.
b) Any such conditions should relate to the relationship of the proposed use(s) and design to the impact on town services and capital plans adopted, surrounding properties and population, proposed support or accessory facilities such as parking areas and driveways, pedestrian and vehicular circulation systems, screening and buffer areas, the timing of development, street and right-of-way improvements, water and sewer improvements, stormwater drainage, the provision of or access to open space, and other matters that the participants in the public input meeting, staff, Planning Board, and Town Council find appropriate, or that the petitioner may propose. Such conditions to approval of the petition may include, but are not necessarily limited to, right-of-way dedication to the state or town, as appropriate, of any rights-of-way or easements for streets, water, sewer, or other public utilities necessary to serve the proposed development.
c) The petitioner shall consider and respond to any such conditions after the Planning Board meeting at least three (3) days prior to the staff report for the Town Council being published. If the applicant does not agree with the Planning Board or staffs recommendations of additional conditions, the applicant shall provide written evidence or opinion to support their objection.
d) If for any reason any condition for approval is found to be illegal or invalid or if the applicant or subsequent owner should fail to accept or fulfill any condition following approval, the approval of any site plan or preliminary plat for the district and the conditional rezoning shall be null and void and of no effect and proceedings shall be instituted by the Administrator to rezone the property to a context-appropriate general use district zoning classification. The administrator will use appropriate judgement when recommending which properties (developed, undeveloped, vacant, half-built, existing non-conformities, etc.) be reassigned to which general use zoning districts. The rezoning may result in the creation of non conformities, which shall be the responsibility of the property owner to rectify at such time as required by Section 7, Nonconforming Situations
5) Effect of Approval
a) Once a conditional rezoning is approved, the development and use of the property shall be governed by the established standards for the district, the approved sketch plan for the district, and any additional approved rules, regulations, and conditions, all of which shall constitute the zoning regulations for the approved district and are binding on the property as an amendment to these regulations and to the zoning maps.
b) Following the approval of the petition for a conditional zoning district, the subject property shall be identified on the zoning maps by the district designation "CZ" and a unique, consecutive numerical identifier (for example, the fifteenth conditional zoning district established in the town would be labeled "CZ 15"). The unique identifier number will reference the approved ordinance and sketch plan that established the zoning district.
c) Since each CZ district represents a newly created zoning district, the approved sketch plan and district standards and conditions shall be maintained as an adopted appendix to this Ordinance.
d) The approved sketch plan, may substitute for an approved master development plan if it is explicitly reviewed and approved as such during the petition for the CZ district.
e) No permit shall be issued for any development activity within a conditional zoning district except in accordance with the approved petition and site plan or preliminary plat (as appropriate) for the district.
f) Any violation of the approved site plan or any rules, regulations and conditions for the district shall be treated the same as any other violation of this section and shall be subject to the same remedies and penalties as any such violation.
6) Alterations to Approval
a) Changes to an approved conditional zoning district or to the standards, uses, requirements, or conditions attached to the approved conditional zoning district shall be treated the same as amendments to this Ordinance or to the zoning maps and shall be processed as a Conditional Rezoning, unless possible to modify as an Administrative Adjustment. Minor changes may be modified as an Administrative Adjustment. The below list represents examples of both minor and major changes.
i) Minor changes such as those listed below would require staff level approval.
1. Modifications in building placement, provided the placement complies with the setbacks of the corresponding base zoning, and does not decrease the setbacks agreed to and approved during the conditional rezoning process by more than 10%;
2. Increases to building size and height not to exceed 10% provided all other applicable standards of this Ordinance are met;
3. Modifications to structure floor plans;
4. Modifications to the driveway locations not exceeding 10% of the length of the subject property line, or as required by the North Carolina Department of Transportation; and
5. Modifications to the proportion of housing type not to exceed 10%.
ii) Major changes such as those listed below will require reapproval by Council.
1. Land area being added or removed from the Conditional District;
2. Modification of special performance criteria, design standards, or other requirements specified by the original approval;
3. A change in land use or development type;
4. When there is introduction of a new vehicular access point to an existing street, road or thoroughfare not previously designated for access;
5. When there is an increase in the total number of residential dwelling units greater than 5%. This includes both single family homes and multi family homes;
6. When the total floor area of a development is increased more than 10% beyond the total floor area last approved by Town Council. Changes of less than 10% may be approved by the Administrator.
7) Review of Approval of a Conditional Zoning District
a) It is intended that property shall be reclassified to a conditional zoning district only in the event of firm plans to develop the property. Therefore, no sooner than three (3) years after the date of approval of the petition, the Administrator shall examine the progress made toward developing the property in accordance with the approved conditional zoning district and any standards, uses, requirements, or conditions attached to the approval.
b) If the Administrator determines that progress has not been made in accordance with the approved petition and conditions, the Administrator shall begin proceedings to rezone the property(ies) to its previous zoning classification or to another district(s), as appropriate.
c) The Administrator shall continue to monitor conditional zoning districts in this manner at least every two (2) years, until they are determined to be substantially built out (90% or more of units, square feet, or land built out).
(Ord. No. 2004-34, 11-3-04; Ord. No. 2004-35, 11-3-04; Ord. No. 2004-36, 11-3-04; Ord. No. 2020-10, 12-1-20; Ord. No. 2021-15, 10-5-21)