Surf City City Zoning Code

SECTION 4

0 ZONING DISTRICTS AND DIMENSIONAL STANDARDS

4.1 Establishment of zoning districts.

In order to achieve the purpose of this ordinance and for the purposes of enforcing this ordinance, within the jurisdiction of the Town of Surf City, the following zoning districts are established:

A. General Use Districts.

1. Preservation Districts.

a. 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.

b. 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 farmland and a rural lifestyle.

2. Residential Districts.

a. R-15 Residential District. The R-15 Residential District is established as a low-density, residential district in which the principal use of land is for single-family, detached homes (stick built or modular) excluding duplexes, manufactured homes, and recreational vehicles. The regulation of this district permits developments, provided the necessary public and/or community water and adequate sewage disposal facilities are available.

b. R-10 Residential District. The R-10 Residential District is established as a medium-density, residential district to provide for single-family, detached dwellings, twins, and duplexes. This district excludes manufactured homes and recreational vehicles. The regulation of this district permits developments, provided the necessary public water and sewer services are available.

c. R-5 Townhouse Residential District. The R-5 Residential District is established as a medium-density, residential district in which the principal use of land is for single-family, detached homes, twins, and duplexes excluding manufactured homes and recreational vehicles. The regulations of this district permit intensive developments, provided the necessary public water and sewer services are available.

d. SF Single-Family District. The SF Residential District is established as a district in which the principal use of land is for single-family homes 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.

e. MHS Manufactured Home Subdivision District. 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.

f. MFC Multi-Family Cluster District. The MFC 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.

g. R-5M Residential Manufactured Home District. The R-5M Residential Manufactured Home District is established as a residential district in which the principal use of land is for single-family homes, manufactured homes, manufactured home parks, tiny home communities, and recreational vehicles. The regulations of this district permit intensive development provided Special Flood Hazard Areas are not present and the necessary public water and sewer services are available.

3. Non-Residential Districts.

a. O&I Office and Institutional. The Office and Institutional District are 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 water and sewer services are available.

b. NB Neighborhood Business. The Neighborhood Business District is established as a district to serve the adjoining residential uses in a small scaled commercial matter to provide convenience to the residential community.

c. C-1 Central Business District. The Central Business District is intended to protect and promote suitable areas for business and commercial uses on the island which benefit from proximity to each other, promote walkability, including a variety of sales and service facilities for the general public, and to encourage the intense development of a centralized business center on the island in Surf City.

d. C-3 Extended Commercial. The Extended Commercial District is to provide for commercial uses which are suitable, practical, and appropriate for the mainland area of Surf City and the ETJ. Its regulations are designed to: 1) encourage a continuity of uses along the main thoroughfare onto the island; 2) enhance the landscaping and viewsheds of the Town; 3) provide an attractive and robust commercial district; and 4) limit access points on NC 50/210 to preserve the transportation capacity of the highway.

e. 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.

f. I Industrial District. The Industrial (I) Zoning district is established to support the heavy commercial, flex, and industrial uses. The I district implements the industrial future land uses in the comprehensive plan and can only be implemented via a zoning map amendment. It is intended that industrial uses are permitted and encouraged when adequate transportation and utilities are provided and the required protections from coastal ecosystems and incompatible land uses are implemented.

B. Mixed Use District MU - Mixed Use. The MU District is established to provide and protect areas suitable for a mixture of uses providing high density residential opportunities near or vertically-mixed with retail goods, services, lodging, tourist services, and entertainment. The Mixed-Use District encourages the coordinated and contextual development town's major roads to ensure properly designed and common methods of ingress and egress while providing for safe and adequate traffic flow.

C. Character Overlay District. 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. The Coastal Forest Overlay District shall apply to all properties on Topsail Island as well as all properties adjacent to coastal waters and marshes.

D. Conditional Zoning Districts. Conditional Zoning Districts allow a landowner to propose, and the Planning Board and Town Board of Commissioners to consider, additional conditions or restrictions to the range of allowable uses, use standards, development intensities, development standards, and other regulations specific to the site.

1. Type 1, CZ. Base District Conditional Zoning. The CZ Conditional Zoning District is intended to provide a landowner and the Town an alternative to a general zoning district. A general zoning district only allows certain uses and development where conditional zoning allows uses and development that may not conform to adopted policy guidance and otherwise may have adverse impacts on public facilities or surrounding lands. This type of Conditional Zoning enables the Town and the landowner to tailor an existing zoning classification to accommodate desirable development and provide conditions that could mitigate any negative effects.

2. Type 2, PUD Planned Unit Development. The PUD District is intended to achieve innovative site design and land development by encouraging flexibility and creativity while achieving the purposes outlined in this zoning ordinance. A variety of uses is encouraged within a Planned Development District provided appropriate setbacks, buffers, landscaping, open space, connectivity, and architectural standards are woven into the design of the project. This type of district enables the Town and the landowner to create the guiding document and associated plan for an inspirational development that would otherwise be unable to be established by the strict prescribed standards of this ordinance.

(Ord. No. 2024-15, 11-5-24)

4.2 Interpretation of district boundaries.

A. Provision for the Official Zoning Map. The Town of Surf City is hereby divided into zones, or districts, as shown on the official zoning map which, together with all explanatory matters thereon, is hereby adopted by reference and declared to be a part of this ordinance. The official zoning map shall be identified by the signature of the mayor of the town attested by the Town Clerk and bearing the seal of the Town. No changes of any nature shall be made on the official zoning map or matter shall thereon except in conformity with the procedures set forth in this ordinance. Regardless of the existence of copies of the official zoning map which may, from time to time, be made or published, the official Zoning Map located in the Town Planner's office shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the town. The current Zoning Map, and prior adopted maps, must be available for public inspection and may be in paper or a digital format.

B. Replacement of Official Zoning Map. In the event that the official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions the Town Council may, by resolution, adopt a new official Zoning Map which shall supersede the prior official zoning map. The new Zoning Map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official Zoning Map. The new official Zoning Map shall be identified by the signature of the Mayor of the Town attested by the Town Clerk and bearing the seal of the town. Unless the prior official Zoning Map has been lost, or has been destroyed, the prior map or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment.

C. Rules for interpretation of district boundaries. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

1. Boundaries indicated as approximately following the centerlines of streets or highways, shall be construed to follow such centerlines;

2. Boundaries indicated as approximately following the right-of-way of streets or highways, shall be construed to follow such right- of-way;

3. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

4. Boundaries indicated as approximately following town limits shall be construed as following such town limits;

5. Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines;

6. Where physical or cultural features existing on the ground are at variance with those shown on the official Zoning Map, or in other circumstances not covered by subsections 1. through 5. above, the Board of Adjustment shall interpret the district boundaries.

(Ord. No. 2024-15, 11-5-24)

4.3 One principal use or building per lot.

Lots are intended to have one principal use or building, unless part of a complex, such as apartments, townhouses, or other multi-family dwellings; a conditional zoning; or a mixed-use development. All lots containing more than one principal building or use shall conform to the requirements in Section 5.3, Complexes.

4.4 Measurements and standards.

A. General. No lot, even though it may consist of one (1) or more adjacent lots of record in single ownership, shall be reduced in size so that the lot area per dwelling unit, lot width, yard and lot coverage requirements, and other requirements of this Ordinance are not maintained. This prohibition shall not be construed to prevent the purchase or condemnation of narrow strips of land for public utilities or street right-of-way purposes.

B. Lot. A parcel of land recorded with Pender County or Onslow County, or a parcel described by metes and bounds, the description of which has been so recorded.

1. Lot Types.

a. Interior. A lot other than a corner lot or a through lot, where only one (1) property line fronts onto a street and all other lot lines are shared with other lots.

b. Corner Lot. A lot that occupies the interior angle at the intersection of two (2) or more right-of-way lines.

c. Double Frontage or Through Lot. A continuous lot of the same depth as the width of a block, and which has street frontage along two or more property lines.

d. Flag. An irregularly shaped lot which has an appendage or extension which does not meet lot width requirements of the district at the street.

2. Lot Area.

a. Area shall be measured in gross square feet or acres.

b. Lot area shall be that area included in a single, undivided piece of land.

c. Minimum lot areas shall be exclusive of existing or proposed public or private right-of-way, resource conservation areas, and required recreation and open space (see Section 7.1).

C. Building Coverage. The maximum area of the lot that is permitted to be covered by buildings, including both principal structures and accessory buildings. Building coverage does not include paved areas such as driveways, uncovered porches or patios, decks, swimming pools or pool cages, or roof overhangs of less than three (3) feet.

D. Lot Coverage. The maximum area of the lot that is permitted to be covered by buildings, including both principal structures and accessory buildings, paved areas such as driveways, uncovered porches or patios, or solid decks. Slatted decks are not considered impervious surface, and thus are not calculated in Lot Coverage for the purposes of this ordinance.

E. Building Separation. The required separation between any two (2) buildings located on the same lot or parcel of land. This distance shall be a minimum of twenty-five (25) feet and shall increase an additional ten (10) feet for every story over two (2) unless otherwise stated in this ordinance.

F. Gross Floor Area. The Gross Floor Area of a building shall be measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings and shall include the following areas:

1. The area of each floor of the structure;

2. All attic space used for active commercial space; and

3. All outside storage areas as permitted in Section 5.11.

G. Building Height. The height of a building or structure shall be determined by the vertical distance from the average of the finished ground level at the edge of the building pad to the highest point of the ridge of any roof peak.

1. No structure shall be erected or altered so as to exceed the height limit or density regulations of this Article for the district in which it is located. The maximum height permitted shall be forty-eight (48) feet.

2. Structures such as spires, belfries, monuments, water tanks/towers, chimneys, flagpoles, antennas, or other similar structures not intended for human occupancy or areas to congregate may exceed established height limits of the district in which it is to be located.

H. Width.

1. Building Width. Building width shall be measured by the distance along the front plane of any building (as determined by the location of an entrance fronting onto a street).

2. Lot Width. Lot width shall be measured by the distance between the side lot lines (generally running perpendicular to a street), measured at the front setback line, parallel to the front property line or along the chord of the front property line.

I. Density.

1. Density for single-family uses in all districts shall be calculated by dividing one (1) acre of land (43,560 square feet) by the minimum single-family detached lot size for the district.

2. Density for all other residential uses shall either be listed by use or not regulated as density will be a function of the required area for the lot, the building, or the site.

J. Setbacks and Yards.

1. Defined.

a. Setback. The distance by which any building or structure must be separated from the associated, parallel lot line. Usually conveyed as the minimum distance permitted.

b. Yard. The open space, unoccupied at grade, on a lot extending from the lot line to the building. Usually conveyed as the minimum width permitted.

2. Types.

a. Front or Street.

b. Rear.

c. Side.

d. Side (Street).

3. Meas urement of Required Yards and Location of Minimum Setbacks.

a. Depth of a required front or side street yard shall be measured perpendicular to the street right-of-way line so that the yard established is equal to the minimum front or side (street) setback required by district regulations.

b. The width of a required side yard shall be measured perpendicular to the side lot line so that the yard established is equal to the minimum side setback width required by district regulations.

c. Depth of a required rear yard shall be measured perpendicular to the rear lot line in such a manner that the yard established is equal to the minimum rear setback required by district regulations.

d. For lots located on a cul-de-sac, the street yard shall be measured as a line that extends parallel to the arc of the street right-of-way at a distance measured perpendicularly along the side lot lines and equal to that of the required minimum front setback required by the district regulations.

4. General.

a. All street yard/front and side yard (street) setbacks shall be measured from the edge of the property line parallel to the street.

b. Double frontage/through lots shall be considered to have two (2) street yards.

c. Every part of every required yard shall be open and unobstructed above grade upward to the sky except as provided or as otherwise permitted in this Ordinance. Plantings and existing vegetation may be located in required yards.

d. No part of a yard or other open space required for any structure or used for the purpose of complying with the provisions of this Ordinance shall be included as a part of a yard or other open space similarly required for another structure or use.

5. Irregular Lot Shapes. The location of the required front, side, and rear setbacks on irregularly shaped lots shall be determined by the Administrator. The determination will be based on the intent and purpose of this ordinance to achieve an appropriate spacing and location of buildings and buildings on individual lots. Where questions arise as to the appropriateness, the Administrator may require the subdivider to provide additional design information.

K. Yard Encroachments. The following encroachment are permitted and the standards shall apply to all required yards, so long as they do not extend into any easements and a minimum of five feet from all property lines shall be free of all encroachments:

1. Unroofed structures, i.e., walkways, stairways, decks, etc., may encroach up to one-half (½) of the side or side (street) setback requirements.

2. Sills, cornices, eaves, gutters, ornamental features, and similar items may not project into any setback more than thirty (30) inches.

3. Roofed structures not exceeding twelve (12) feet in width may encroach a maximum of one (1) foot into the side and side (street) setbacks.

4. Stoops for air-conditioners may encroach into the side setbacks but may only be constructed large enough to accommodate the unit.

5. Access stoops for electrical service boxes may encroach into the side setbacks but may be no larger than three (3) foot by three-foot stoop with stairs.

6. At-grade patios and decks, including dock-related access ways, may be located within the required setback so long as natural grade of the site on which they are located is not altered.

(Ord. No. 2024-15, 11-5-24)

4.5 Table of dimensional standards.

A. The following Table of Dimensional Standards provides the standards for the development of all new lots as they relate to lot size, lot width, setbacks, etc. No yard or lot existing upon adoption of this ordinance shall be reduced in size or area below the minimum requirements of the district. Yards of lots created after the effective date of this ordinance shall meet the minimum requirements established by this Code, except where noted.

District	Use 1	Min. Lot Area (sq feet)	Min. Lot Width (feet)	Minimum Setbacks (feet)				Max Height (feet)4	Lot Coverage (%)
District	Use 1	Min. Lot Area (sq feet)	Min. Lot Width (feet)	Front 2	Side3	Side Street3	Rear	Max Height (feet)4	Lot Coverage (%)
CON	All Permitted Uses	-	-	-	-	-	-	-	-
RA	All Permitted Uses	20,000	100	40	20	25	30	35	40
R-15	All Permitted Uses	15,000	50	20	10	15	20	48	40
R-10	Duplex/SF, Attached (2)	5,000/ DU	25	25	7.5	15	20	48	40
R-10	All Other Permitted Uses	10,000	50	25	7.5	15	20	48	40
R-5	Duplex/SF, Attached (2)	4,250/D U	25	15	7.5	10	20	48	40
R-5	All Other Permitted Uses	5,000	50	15	7.5	10	20	48	40
SF	All Permitted Uses	5,000	50	15	7.5	10	20	48	40
MHS	Duplex/SF, Attached (2)	2,500/D U	25	15	7.5	10	20	48	40
	SF, Attached (>2)	2,500/D U	25
	All Other Permitted Uses	5,000	50
MFC	SF, Detached	5,000	50	15	5	10	20	48	40
MFC	All Other Permitted Uses	2 ac.	50	15 255	10	10	20	48	40
R-5M	Duplex/SF, Attached (2)	2,000/D U	20	20	7.5	10	20	48	40
	SF, Attached (>2)	2,000/D U	20	20	7.5	10	20	48	40
	Multifamily	43,560	100	40	20	25	20	48	0
	All Other Permitted Uses	5,000	50	20	7.5	10	20	48	40
O&I	All Permitted Uses	7,500	50	25	10	25	10	48	50
NB	All Permitted Uses	5,000	50	5	5	5	10	48	60
C-1	Commercial Uses	2,500	25	0	2.57	2.57	10	48	100
C-1	Residential Uses	5,000	50	15	7.5	10	20	48	40
C-3	All Permitted Uses	10,000	150	15 255	10	20	10	48	50
G-1	All Permitted Uses	5,000	50	20	5	10	20	48	40
I	All Permitted Uses	20,000	100	30	20	25	30	48	60
MU	Nonresidential Uses	5,000	50	10	3	0	3	48	50
	SF, Detached	5,000	50	20	7.5	10	20		40
	Duplex/SF, Attached (2)	4,250/D U	25	20	7.5	10	20		40
	SF, Attached (>2)	2,500/D U9	50	20	20	20	20		40
1 All lots shall be consistent with ocean hazard and estuarine shoreline AEC standards for development (CAMA) 2 Oceanfront property may have a front setback of 7.5 feet 3 Five (5) additional feet of side yard setback shall be required for each story in excess of two (2) stories. Third floors, not to exceed two hundred fifty (250) square feet shall be exempt from this rule. 4 In no case may building height exceed 4 stories. 5 When fronting along Highway 50/210 6 If septic is to be utilized, a minimum lot size of 20,000 square feet is required per dwelling unit. 7 A minimum building separation of 5 feet is required for new commercial development when an adjacent developed lot has a building or associated structure within 2.5 feet of the property line. 8 The minimum lot area for existing duplex lots may be reduced by the administrator. 9 First three (3) dwelling units eight thousand five hundred (8,500) square feet, each additional unit two thousand five hundred (2,500) square feet

(Ord. No. 2024-15, 11-5-24)

4.6 Overlay district regulations.

Refer to Section 6, Environmental Regulations for standards for the Coastal Forest Overlay District (CFOD).