Surf City City Zoning Code
SECTION 1
0 GENERAL PROVISIONS
1.1 Title.
This ordinance shall be known as, referred to, and cited as the "Zoning Ordinance, Surf City, North Carolina" and hereinafter referred as the "Zoning Ordinance" or simply the "ordinance."
(Ord. No. 2024-15, 11-5-24)
1.2 Authority and enactment.
The Town Council, pursuant to the authority conferred by the General Assembly of the State of North Carolina in G.S. 160A-174, 160A-175, and Chapter 160D, ordains and enacts into laws this ordinance and its Articles and Sections.
(Ord. No. 2024-15, 11-5-24)
1.3 Purpose.
The purpose of this ordinance is to promote the comfort, health, safety, morals, prosperity, aesthetics, and general welfare of the Town of Surf City, North Carolina. Specifically, it is the intention of this ordinance to:
A. Regulate and restrict the use of all structures, lands, and waters within town limits of Surf City and its extraterritorial jurisdiction.
B. Regulate and restrict lot coverage, population density and distribution, and location and size of all structures within town limits of Surf City and its extraterritorial jurisdiction.
C. Implement the town's land use plan, prepared in accordance with the Coastal Area Management Act (CAMA) of 1974 and adopted by the Town so as to:
1. Encourage continued development of the Town as a family beach;
2. Promote that quality of development which will offer the maximum reasonable enhancement of the natural and economic resources of the Town; and
3. Promote the safe and enjoyable utilization of the Town's recreational resources. Also, adopted by reference is the standards enumerated under these objectives as set out in the Land Use Plan prepared in accordance with CAMA.
(Ord. No. 2024-15, 11-5-24)
1.4 Effective date.
This ordinance shall take effect and be in force from and after its adoption on November 5, 2024 by the Town Council of the Town of Surf City, N.C.
(Ord. No. 2024-15, 11-5-24)
1.5 Jurisdiction.
A. Applicability. The regulations outlined in this Ordinance apply to the subdivision, development, and use of all land and structures within the corporate limits of the Town of Surf City, North Carolina, as now and hereafter established, and within the extraterritorial jurisdiction (ETJ), with the exception of land used for bona fide farm purposes.
B. Compliance Required. No structure or land shall hereafter be used or occupied, and no structure or part thereof shall be erected, moved onto, or structurally altered, except in compliance with the regulations of this Ordinance, for the district in which it is located.
C. Development Approval Required. No building, sign, or structure or any part thereof shall be erected, structurally altered, moved, or changed in use until development approval has been granted by the Administrator or other approving body, and as regulated and defined by G.S. Chapter 160D, Article 1.
D. Zoning Map. The boundaries of the zoning districts are shown upon the map accompanying this Ordinance and made a part hereof, entitled "Town of Surf City, North Carolina Official Zoning Map." The Zoning Map and all the notations, references, and all amendments thereto, and other information shown thereon is hereby made a part of this Ordinance the same as if such information set forth on the map were all fully described and set out herein. The Zoning Map properly attested is on file in the office of the Town Clerk and is available for inspection by the public.
(Ord. No. 2024-15, 11-5-24)
1.6 Minimum requirements.
A. In its interpretation and application, the provisions of this Ordinance shall be held to the minimum requirements for the promotion of public health, safety, and general welfare. Whenever the requirements of lawfully adopted uses, regulations, ordinances, deed restrictions, or covenants are at variance with the requirements of this Ordinance, the most restrictive, or higher standards, shall govern.
B. Unless restrictions established by covenants with the land are prohibited by or contrary to the provisions of this Ordinance, nothing contained within this Ordinance shall be construed to render such covenants inoperative.
(Ord. No. 2024-15, 11-5-24)
1.7 Severability and nonliability.
This Ordinance and various parts, sections, subsections, sentences, phrases, and clauses thereof, are hereby declared to be severable. If any part, sentence, paragraph, subsection, section, sentence, phrase, or clause is adjudged unconstitutional or invalid, it is hereby provided that the remainder of the chapter shall not be affected thereby. Whenever any condition or limitation is included in a development approval or is offered by an applicant, it shall be conclusively presumed that the officer or body considered such condition or limitation necessary and would not have granted the authorization except in the belief that the condition or limitation was lawful. The Town does not guarantee, warrant or represent that only those areas designated as flood lands will be subject to 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 may occur as a result of reliance upon, and conformance with, this ordinance.
(Ord. No. 2024-15, 11-5-24)
1.8 Complaints regarding violations.
Whenever 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 Administrator. They shall record properly such complaint, immediately investigate, and act thereon as provided by this ordinance.
(Ord. No. 2024-15, 11-5-24)
1.9 Compliance with approved plans.
Permits or certificates issued on the basis of plans and applications shall authorize only the use, arrangement, and construction as set forth in such approved plans and applications and no other use, arrangement, or construction.
(Ord. No. 2024-15, 11-5-24)
1.10 Consistency with adopted plans.
A. Comprehensive Plan. As a condition of adopting and applying zoning regulations under G.S. Chapter 160D, the Town shall adopt and reasonably maintain a land-use plan that sets forth goals, policies, and programs intended to guide the present and future physical, social, and economic development of the jurisdiction. The development regulations contained herein should be consistent with the adopted Town of Surf City Comprehensive Plan, adopted in February 2023, and any subsequent revisions.
B. Adopted Plans and Policies. All proposed subdivisions and land development shall be placed and designed in a manner consistent with the adopted plans and policies of the Town.
(Ord. No. 2024-15, 11-5-24)
1.11 Violations persist.
Any violation of the ordinance before the effective date of adoption shall continue to be a violation under this current ordinance and is subject to penalties and enforcement unless the use now complies with this ordinance.
(Ord. No. 2024-15, 11-5-24)
1.12 Transitional provisions.
A. Conforming Uses and Structures.
1. Any use or structure existing prior to the effective date of this Ordinance that conforms to the regulations of this Ordinance for permitted uses and satisfies the dimensional requirements and any other applicable regulations of the district in which it is located may be continued, provided any use, structural, or other changes shall comply with the provisions of this Ordinance.
2. Any use or structure existing prior to the effective date of this Ordinance that would be permitted by this Ordinance as a special use in the district in which it is located may be continued as if a special use permit had been issued, provided that any use, structural, or other changes shall comply with the provisions of this Ordinance.
3. Any use or structure existing prior to the effective date of this Ordinance that would be permitted by this Ordinance with Conditional Zoning (or previously as a conditional use), may be continued, provided that any use, structural, or other changes shall comply with the Conditions of the Conditional District and any associated plan approved as a portion of the original rezoning, otherwise the provision of this Ordinance shall apply.
B. Effect of Amendment. If subsequent amendments to this Ordinance or the Zoning Map result in the creation of additional nonconformities or conformities, such nonconformities or conformities shall be governed by the provisions of this Ordinance unless otherwise stated in the amendment.
C. Applications and Prior Approvals.
1. Applications Submitted but Not Approved Prior to Effective Date. Any complete application submitted before the effective date of this Ordinance, but not yet approved, is subject to Permit Choice, as outlined in Section 3. Development may be completed in conformance with applicable permits and conditions of the regulations in effect at the time of submission of the application, even if such application does not fully comply with the provisions of this Ordinance.
2. Applications Submitted and Approved Prior to the Effective Date. Where a permit, site plan, subdivision, planned development, major special use, or minor special use was approved prior to the effective date of this Ordinance, the provisions of the ordinance that was in effect at the time of approval shall apply, subject to the limitation of Vested Rights as outlined in Section 3 and provided they do not conflict with the original conditions of approval.
(Ord. No. 2024-15, 11-5-24)