Except as otherwise provided herein, regulations governing the use of land and structures are hereby established as shown in the Table of Permitted Uses in Section 5.4.

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

   A.   Uses Not Specifically Listed.

      1.   Any use not specifically listed in this Article is expressly prohibited, unless the Administrator determines in accordance with Section 3.12, Written Interpretation, that the use is similar to a permitted individual use or permitted group of uses as listed in this Article. Where such similar permitted individual use or permitted group of uses is subject to a use standard contained in this Article or a Special Use Permit, the proposed use shall also be subject to such standard or approval. The Administrator shall not amend this Article by adding to or eliminating any use standard for the proposed use.

      2.   Where a use not listed is found by the Administrator not to be similar to any other permitted individual use or permitted group of uses, the use shall be permitted only following a text amendment in accordance with Section 3, Procedures. The decision of the Administrator may be appealed to the Board of Adjustment.

      3.   When considering the appropriate districts for a use not listed in the Permitted Land Use Table, the district descriptions (See Section 4, Zoning Districts) shall be taken into consideration.

      4.   Determination of an appropriate group of uses for a proposed use not currently listed shall be made by applying the following criteria.

         a.   The actual or projected characteristics of the activity in relationship to the stated characteristics of each use category.

         b.   The relative amount of site area or floor space and equipment devoted to the activity.

         c.   Relative amounts of sales from each activity.

         d.   The customer type for each activity.

         e.   The relative number of employees in each activity.

         f.   Hours of operation.

         g.   Building and site arrangement.

         h.   Types of vehicles used and their parking requirements.

         i.   The relative number of vehicle trips generated.

         j.   Signs.

         k.   How the use is advertised.

         l.   The likely impact on surrounding properties.

         m.   Whether the activity is likely to be found independent of the other activities on the site.

   B.   Developments with Multiple Principal Uses.

      1.   Except as set forth in Section 5.3, Complexes, no more than one (1) principal building or use may be erected on a single lot of record.

      2.   When all principal uses of a development fall within one use category, the entire development shall be assigned to that use category.

      3.   When the principal uses of a development fall within different group of uses or no group of uses, each principal use shall be classified in the applicable group of uses or treated as an individual use and each use shall be subject to all applicable regulations for that group of uses or individual use.

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

   A.   Defined. A group of two (2) or more office, industrial, commercial, multifamily and/or other buildings or operations on a single parcel, operating under one name or presenting other elements of a unified image or identity to the public.

   B.   General. Complexes shall meet all applicable development standards as set forth in Section 4, Zoning Districts and Dimensional Standards. Applicants shall comply with all other provisions in this Ordinance and all other applicable laws.

   C.   Uses. Uses within complexes shall be limited to those permitted within the zoning district in which the development is located (see Section 5.4, Permitted Land Use Table).

   D.   Intensity. The overall intensity of the land use shall be no higher, and the standard of development no lower than that permitted in the district in which the project is located.

   E.   Setbacks. The distance of every building from every property line shall meet the relative setback requirements of the district in which the development is located. In no case, however, shall any portion of a building be located closer to a public street than the required minimum front yard setback of the zoning district.

   F.   Height. The building heights shall not exceed the height limits permitted in the district in which the development is located. (Refer to Section 4.5)

   G.   Building Separation. The minimum space between buildings in a complex shall be twenty (20) feet, with an additional ten (10) feet provided between buildings for every story over two (2).

(Ord. No. 2024-15, 11-5-24; Ord. No. 2026-01, 1-6-26)

   A.   Permitted Land Use Table Key. The permitted land use table is subject to the explanation as set forth below.

   B.   Permitted (P). A "P" indicates that a use is permitted in the respective district subject to the specific use standards in this Section. Such uses are also subject to all other applicable requirements of this Ordinance.

   C.   Permitted with Standards (PS). A "PS" indicates that a use is permitted with "Supplement Use Standard" column on the table is a cross-reference to any specific use standard listed in this Section. Where no cross-reference is shown, no additional use standard shall apply.

   D.   Special Use Review (SUP). An "SUP" indicates a use that may be permitted in the respective general use district only where approved by the Town Board of Commissioners in accordance with Section 3, Procedures. Special uses are subject to all other applicable requirements of this Ordinance, including the specific use standards contained in this Section, except where such use standards are expressly modified by the Town Board of Commissioners as part of the special use approval.

   E.   Conditional Zoning (C). Use is permitted with Conditional Zoning approval from the Town Board of Commissioners.

   F.   Uses Not Permitted. A blank cell in the use table indicates that a use is not permitted in the respective district.

 

(Ord. No. 2024-15, 11-5-24; Ord. No. 2025-07, 3-13- 25; Ord. No. 2025-08, 3-13-25)

   The following standards shall apply to all agricultural uses permitted with standards or when a special use permit is required, as set forth in the Permitted Land Use Table (see Section 5.4).

   A.   Agriculture, Home.

      1.   The production, principally for use or consumption of the property owner or community members, of plants, animals, or their products and for sale to others where such sales are incidental, including but not limited to the following: gardening, fruit production, beekeeping, and poultry and livestock products for household use only.

      2.   The keeping of animals is subject to the requirements contained in the Code of Ordinances of the Town of Surf City.

   B.   Farm Product Sales.

      1.   Produce sales shall not be located in a road right-of-way;

      2.   A produce stand located in the Neighborhood Business (NB) shall not be located closer than ten (10) feet to any side lot line and twenty (20) feet to any side lot line which abuts a residential zoning district, unless a greater setback is required for the zoning district in which it is located.

      3.   Signs for any produce sales shall not be illuminated nor permanent. Such signs shall be removed during the times of the year when produce is not actively sold.

      4.   If located in a residential district, produce sold shall be grown on the lot upon which sales are conducted.

      5.   Produce may not be sold from any accessory structure on a residentially developed lot.

      6.   Screening shall not be required for any produce sales which operate during the growing season only.

      7.   Produce sales may be located on a lot containing another principal use. If so, parking for the produce stand and the other use are both required.

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

   The following standards shall apply to all residential uses permitted with standards or when a special use permit is required, as set forth in the Permitted Land Use Table (see Section 5.4).

   A.   Manufactured Homes.

      1.   General Requirements:

         a.   Manufactured homes shall not be located within the Coastal Forest Overlay District (CFOD).

         b.   Unless located in a manufactured home park, manufactured homes are to be placed on the lot to be in harmony with nearby site-built structures. Where there are no nearby structures for comparison, it shall be sited with the front running parallel to the street.

         c.   All manufactured homes must meet wind zone requirements as set forth in the North Carolina state building code.

         d.   Manufactured homes are for dwelling purposes only and are not to be used as accessory buildings or office space except as temporary offices on construction sites or sales offices on manufactured home sales lots.

         e.   The term manufactured home shall also include the term "mobile home."

      2.   Classifications. Manufactured homes in the Town of Surf City are classified in the following categories:

         a.   Class A: A double-wide or multi-sectioned manufactured housing unit that meets the U.S. Housing and Urban Development Department manufactured home construction standards and adhere to the following appearance criteria:

            (1)   The main portion of the building shall have a length not exceeding four (4) times its width. The minimum width shall be sixteen (16) feet.

            (2)   The pitch of the main roof of the building shall have a minimum rise of three (3) feet for each twelve (12) feet of horizontal run. The roof shall be finished with a type of shingle that is commonly used in residential construction. The eave projection shall be no less than six (6) inches, which may include a gutter.

            (3)   The exterior siding shall consist predominantly of vinyl or aluminum lap siding (whose reflectivity does not exceed that of flat white paint), wood or hardboard, comparable in composition, appearance and durability to the exterior siding commonly used in residential construction.

            (4)   All class A manufactured homes shall be installed in accordance with the Set-Up and Installation Standards adopted by the Commissioner of Insurance and placed on brick, concrete block, or other masonry foundation. The foundation shall be continuous and unpierced except for ventilation as required by the state of North Carolina Regulations for Manufactured/Mobile Homes.

            (5)   Class A manufactured homes shall have either a deck or a porch with steps. This structure shall be located in the front of the home. The minimum square footage shall measure at least thirty-six (36) square feet. If the homeowner chooses to construct the deck or porch larger than thirty-six (36) square feet, it must meet current state and federal building code.

            (6)   The towing apparatus and tongue shall be removed upon final placement of the unit and the unit must be underskirted or screened with shrubbery. Such shrubbery shall be of a height and density to assure a total visual barrier of the original location of the towing apparatus and maintained to continue its effectiveness. All items removed from the unit such as the towing apparatus and tongue shall be removed from the lot or contained within an enclosed building.

         b.   Class B: A single-wide manufactured housing unit that meets the U.S. Department of Housing and Urban Development manufactured home construction standards and also meets the following appearance criteria:

            (1)   Roof pitch is at least a three (3) foot rise for every twelve (12) feet of horizontal run. The roof shall be finished with a type of shingle that is commonly used in residential construction.

            (2)   The exterior siding shall consist predominantly of vinyl or aluminum lap siding (whose reflectivity does not exceed that of flat white paint), wood or hardboard, comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction.

            (3)   Class B manufactured homes must be installed with the Set-Up and Installation Standards adopted by the Commissioner of Insurance.

            (4)   Class B manufactured homes shall be underpinned. This underpinning may consist of vinyl or masonite materials manufactured for that purpose or the home may be placed on a permanent foundation of masonry materials such as brick, block or stone.

            (5)   A deck or porch of at least thirty-six (36) square feet in size must be located on the front of the home.

            (6)   Towing apparatus and tongue to be removed or screened with landscaping.

         c.   Class C: Double-wide manufactured housing units currently existing in the Town of Surf City that meet the U.S. Department of Housing and Urban Development manufactured home construction standards, but do not meet the town's appearance criteria.

            (1)   Such manufactured homes may only be relocated to manufactured home parks or on lots of record in the MHS and R-5M districts in existence prior to June 1, 2004.

            (2)   At that time, the home must be underpinned and installed in accordance with the manufacturer's specifications and/or with the Set-Up and Installation Standards adopted by the Commissioner of Insurance.

         d.   Class D: Single-wide manufactured housing units currently existing in the Town of Surf City that meet the U.S. Department of Housing and Urban Development manufactured home construction standards, but do not meet the town's appearance criteria.

            (1)   Such manufactured homes may only be relocated to manufactured home parks or lots of record in the MHS and R-5M districts in existence prior to June 1, 2004.

            (2)   At that time, the home must be underpinned and installed in accordance with the manufacturer's specifications and/or with the Set-Up and Installation Standards adopted by the Commissioner of Insurance.

         e.   Class E: Any manufactured housing unit that does not meet the Town of Surf City appearance criteria or the U.S. Department of Housing and Urban Development manufactured home construction standards. Relocating a Class E manufactured home anywhere within Surf City is not permitted. Class E Manufactured homes existing in the town's jurisdiction are allowed to remain at their current location as nonconformities but may not be relocated anywhere in the town's jurisdiction.

   B.   Manufactured Home Parks.

      1.   Manufactured home parks shall not be located within the Costal Forest Overlay District (CFOD).

      2.   Permit for manufactured home parks required.

         a.   It shall be unlawful for any person to construct, maintain or use any lot or other parcel of land within the zoning jurisdiction of Surf City for a manufactured home park until application has been made and a permit has been issued by Town Council.

          b.   No onsite improvements may be made until after a permit has been granted by Town Council in accordance with the procedures outlined in Section 3.

         c.   A manufactured home park permit may be revoked by Town Council upon finding that a violation of the requirements of this ordinance exists; provided, that the owner, lessee, or other responsible person is notified in writing of such violation and five (5) days has elapsed from the date the written notice was received by the owner/developer.

         d.   It shall be unlawful for any person, firm, or corporation to continue such manufactured home park or manufactured home lot after a permit has been revoked.

      2.   Payment of fees. Developers proposing manufactured home parks shall pay a non-refundable fee in accordance with the Town of Surf City fee schedule.

      3.   Manufactured home spaces. All manufactured homes within the park shall be located in designated manufactured home spaces. There must be at least three (3) improved manufactured home spaces available at first occupancy to qualify as a manufactured home park.

      4.   Setback requirements. Setbacks within manufactured home parks shall be twenty (20) feet from front yard, ten (10) feet side yard, fifteen (15) feet corner side yard and ten (10) feet rear yard.

      5.   Manufactured home placement.

         a.   Each manufactured home shall be set up and installed on a manufactured home space within the manufactured home park in accordance with all applicable State of North Carolina regulations for the installation of manufactured homes adopted and published by the North Carolina Department of Insurance.

         b.   Each manufactured home space shall contain at least five thousand (5,000) square feet of ground area and be clearly defined by means of either concrete or iron pipe markers placed at all corners or by establishing concrete patios.

         c.   Each manufactured home space shall be graded so as to prevent any water from ponding or accumulating on the premises. All drainage of the park must be confined or piped in such a way that it will not endanger any water supply. Each manufactured home space shall have a site number, meeting the address requirements of the current NC Building Code.

      6.   Responsibility. The owner of the land on which a manufactured home park is located is responsible to ensure that each manufactured home setup meets all local, state, and federal regulations. Once the owner authorizes an individual, firm or corporation to set up a manufactured home, said individual, firm or corporation shall be deemed to be the expressed or implied agent of the owner for the purpose of complying with the requirements herein.

      7.   Off-street parking requirements. Two (2) off-street parking spaces of stone gravel base on a well-compacted sub-base, shall be provided and maintained for each manufactured home space. Maintenance of such parking areas shall be provided by the owner or operator of the park. Required parking spaces may be included within the minimum required lot area for each manufactured home space. Alternatively, community off-street parking areas may be provided within the manufactured home park.

      8.   Public street access. No manufactured home space within a manufactured home park shall directly access a public road. Access to all manufactured homes and accessory structures within the manufactured home park shall be made using internal streets. A driveway permit must be obtained from the North Carolina Department of Transportation or the Town of Surf City.

      9.   Internal street standards. Internal streets shall be constructed to the standards required by the Technical review Committee (TRC). It will be the responsibility of the developer to have a practicing engineer licensed in the State of North Carolina to certify that these minimum road standards have been met. Traffic control signs and street name signs shall be installed where necessary. All proposed lighting throughout the park shall be conformance with Section 7.5.

      10.   Installation and Underpinning. All manufactured homes in the park shall have continuous underpinning of wood, masonry, or some other similar exterior grade material underpinning approved and designed for underpinning, unpierced except for required ventilation. If the tongue, axles, transporting lights, and removable towing apparatus are not removed, it shall be screened from view from any adjoining public street right-of-way. Such screening shall be in the form of natural plantings or opaque walls or fences.

      11.   Screening. All proposed manufactured home parks shall provide a screen or buffer between the park and any property adjacent to the park (exclusive of any rights of ways). Compliance with this section shall constitute either planting a double row of evergreens staggered a maximum of six (6) feet apart, and being a minimum of three (3) feet in height, or erection of a fence, screen, and the like, maximum of six (6) feet in height so as to block visual access. Maintenance of screening or buffers is the responsibility of the park owner.

      12.   Steps. All manufactured home spaces in proposed parks shall have a solid, well-constructed set of steps for use by tenants. Loosely stacked brick, block, and the like, shall not meet the requirements of this section. It shall be the responsibility of the owner of the manufactured home to furnish the steps.

      13.   Ground maintenance. The grounds of a manufactured home park shall be kept free of trash, litter and debris. Grounds, buildings and storage areas shall be properly maintained to prevent the infestation of rodents, vermin and insects. It shall be the responsibility of the manufactured home park owner to maintain the manufactured home park in accordance with these standards at all times.

      14.   Plan requirements. In addition to the application materials required in Section 3 of this ordinance, the applicant shall provide the following information on the required plans:

         a.   The proposed name of the park.

         b.   The name of the owner/owners of the parcel.

         c.   The name of the designer/surveyor of the park.

         d.   The tax identification number of the parcel/parcels.

         e.   The deed book and page of the parcel/parcels.

         f.   Boundaries of the tract shown with bearings and distances.

         g.   Streets, driveways, open areas, parking spaces, service buildings, water courses, easements, flood plains, setbacks, the right-of-way of the interior driveway, manufactured home spaces (numbered) and all existing structures.

         h.   Vicinity map showing the location of the park and the surrounding land usage.

         i.   Date, graphic scale and approximate north arrow.

         j.   Location of public water and sewer if available.

         k.   Acreage in total tract, acreage in park for other land usage and site calculations for each manufactured home space.

         l.   Minimum number of manufactured home spaces.

      15.   Effects on existing manufactured home parks. Manufactured home parks that are operating as existing approved parks as of the effective date of this ordinance may continue, but not expand beyond the number of units originally approved and remain unaffected by this ordinance. If such park should have its operating permit revoked or should cease operation for a period of twelve (12) months then the park shall not reopen until it complies with the regulation contained herein, as well as all other applicable state and local laws.

      16.   Other applicable statutes and requirements. Class A, B, C, and D manufactured homes may be located in properly permitted manufactured home parks. The granting of a permit under the provisions of this section shall in no way affect any other type of approval required by any other statute or ordinance of the local, state or federal government, but shall be construed as an added requirement.

   C.   Family Care Home.

      1.   Family Care Homes shall be reviewed in accordance with G.S. 160D-907.

      2.   No two (2) family care homes located in residential zoning districts may be located within one- half (1/2) mile of each other.

      3.   No less than two (2) and no more than six (6) residents are permitted to live in a family care home. This number shall not be inclusive of the homeowner, operator, or family of the owner or operator of the facility.

      4.   Family care homes shall be subject to the requirements of the North Carolina Building Code.

      5.   No family care home shall be located within a one-half mile radius of an existing family care home or adult care home.

      6.   No exterior signage is permitted.

   D.   Treatment Centers (Substance Abuse Recovery).

      1.   No two (2) treatment centers located in residential zoning districts may be located within one- half (1/2) mile of each other.

      2.   Treatment centers are subject to both North Carolina Building Code and any all North Carolina Department of Health and Human Services regulations.

      3.   Exterior signage is subject to the requirements outlined in Section 8, Signs.

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

   The following standards shall apply to all accommodation uses permitted with standards or when a special use permit is required, as set forth in the Permitted Land Use Table (see Section 5.4).

   A.   Bed and Breakfast Homes/Inns.

      1.   Single-family homes used as a bed and breakfast home, or inn shall have a minimum heated floor area of fifteen hundred (1,500) square feet.

      2.   Single-family homes used as a bed and breakfast home may not subdivide existing rooms into less than two hundred (200) square feet.

      3.   The bed and breakfast home or inn shall be permanent residence of the owner or the manager of the business.

      4.   No more than two (2) full-time employees, not including the owners.

      5.   All guest parking shall be to the rear of the home or inn and comply with off-street parking requirements outlined in Section 7.6.

      6.   There shall be no substantial modifications to the exterior appearance of the structure; however, fire escapes, handicapped entrances and other features may be added to protect public safety.

      7.   Meals shall be served on the premises only for guests and employees. Rooms may not be equipped with cooking facilities.

   B.   Hotel, Motel.

      1.   Retail uses, lounges and restaurants may be located as an accessory use within any hotel or motel.

      2.   A Class C buffer shall be established along any side of the property where hotel and motel buildings and parking abuts a residential use, provided such buffer shall not restrict clear sight at any intersection or driveway (see Section 7.4, Landscaping).

      3.   Any accessory commercial activities such as restaurants shall not be located along the side of the property adjacent to a residential district or use unless a Class C buffer with an additional ten (10') feet in depth (Section 7.4, Landscaping) is established.

      4.   Any outdoor recreation facilities, such as swimming pools, shall not be located along the side of the property adjacent to a residential district or use. If the outdoor recreation facility is a swimming pool, it shall meet the standards of Section 5.13.

   C.   Recreational Vehicle Parks/Campgrounds.

      1.   Intent. The special provisions for campgrounds are designed to encourage the compatibility of these parks with surrounding land uses, maintain a safe and healthy atmosphere, minimize adverse environmental impacts and stabilize demand on local public services in zoned areas of the town.

      2.   Use. Campgrounds shall be used only by recreational vehicles, pick-up coaches, tiny home parks without a permanent foundation, motor homes, camping trailers, other vehicular accommodations, cabins not exceeding 800 square feet, and tents suitable for temporary habitation and use for travel, vacation, and recreation purposes.

      3.   Site plan. In addition to any other information required by Section 3, the site plan shall include the name and address of the applicant, a small vicinity map, as well as a map showing the property dimensions, the location and dimension of each recreational vehicle, cabin, or tent site, the location and use of all service and recreational facilities, all interior access ways, and the location of all proposed facilities for sanitation, solid waste, drainage and fire prevention. Site plans shall be approved by the health department and the North Carolina Department of Transportation for ingress and egress to and from public streets and alleys.

      4.   Area and site regulations.

         a.   Area of the campground shall be no less than three (3) acres.

         b.   Density shall be no more than twenty (20) sites per acre.

         c.   Each recreational vehicle or cabin site shall be at least one thousand eight hundred (1,800) square feet in area. Each site shall contain a stabilized vehicular parking pad of packed gravel, marl, paving or other suitable material. Pervious material is also acceptable.

         d.   Prior to first occupancy, a certified statement of compliance shall be obtained from the Administrator.

         e.   Exterior yard requirements. A setback of twenty (20) feet from a public right-of-way or from a property line abutting a residential lot or residential zone shall be required. All other yard setback requirements shall be ten (10) feet.

         f.   Public street access. No recreational vehicle space within a campground shall directly access a public road. Access to all recreational vehicle and accessory structures within the park shall be made using internal streets. A driveway permit must be obtained from the North Carolina Department of Transportation, or Town of Surf City.

         g.   Accessory uses. Each campground park shall have at least one land line/telephone available for public/emergency use. Management headquarters, manager's residence, recreational facilities, toilets, dumping stations, showers, coin-operated laundry facilities, stores and the uses and structures customarily incidental to operations of a campground are permitted as accessory uses to the campground, subject to the following restrictions:

            (1)   Such establishments (excluding recreational facilities) and the parking areas primarily related to their operations shall not occupy more than ten (10) percent of the gross area of the park.

            (2)   The structures housing such facilities shall not be located closer than one hundred (100) feet to any public street and shall not be directly accessible from any public street but shall be accessible only from a street within the park.

             (3)   Such structures containing toilets, bathhouses and other plumbing fixtures shall adhere to the requirements in the most current edition of the North Carolina State Plumbing Code, as amended.

            (4)   Restaurants open to the public must meet all applicable regulations of this ordinance as well as other local, state, and federal permitting requirements.

         h.   Parking. Adequate off-street parking and maneuvering space shall be provided on site. The use of any public street, sidewalk or right-of-way or any other private grounds not a part of the recreational vehicle parking area for the parking or maneuvering of vehicles is prohibited.

         i.   Internal street standards. Internal streets shall be constructed eighteen (18) feet wide and contain a minimum depth of six (6) inches of stone gravel base with proper ditching, drainage, and seeding of slopes. Permanent dead-end streets shall have a cul-de-sac constructed forty (40) feet in diameter. It will be the responsibility of the developer to have a practicing engineer licensed in the State of North Carolina.

         j.   Buffers. Campgrounds shall be enclosed by a fence, wall, landscape screening, earth mounds or by other designs from all contiguous residential areas in a manner that will complement the landscape and assure compatibility with adjacent environment.

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

   The following standards shall apply to all civic uses permitted with standards or when a special use permit is required, as set forth in the Permitted Land Use Table (Section 5.4).

   A.   Auditorium, Assembly Hall, Stadium, Convention Center, Banquet Facility.

      1.   Any outdoor lighting for an auditorium, assembly hall, stadium, convention center, or banquet facility shall comply with Section 7.5, Outdoor Lighting.

      2.   Outdoor speakers are not permitted.

      3.   External and building signage shall be permitted through the sign permit process noted in Section 3, Procedures.

   B.   Cemetery.

      1.   North Carolina Cemetery Act: All cemetery and related uses shall meet the requirements set forth by the North Carolina Cemetery Act, and if applicable shall obtain a license from the North Carolina Cemetery Commission.

      2.   Minimum Lot Size: A minimum of 3 contiguous acres shall be required to establish a cemetery, columbarium or mausoleum not located on the same tract of land as a church.

      3.   Minimum Yard Requirements:

         a.   All burial or monuments must be located at least 25 feet from any side or rear lot line and must be at least 40 feet from any street right-of-way.

         b.   Buildings for the maintenance and/or management of cemetery lots must be located at least 100 feet from any lot lines which adjoin lots in any residential district. Otherwise, any such buildings must conform to the requirements for principal uses in the district where they are located.

   C.   Government Services II.

      1.   Correctional Facility.

         a.   The following setbacks shall be observed if the facility is adjacent to any lot located in a Residential (R) Zoning District or any lot containing a principal residential use:

            (1)   Principal Structures - One hundred (100) feet.

            (2)   Accessory Structures - Fifty (50) feet.

         b.   Any fence which is barbed, contains razors or is electrically charged may not be located closer than one hundred (100) feet from any lot line which abuts a lot containing a principal residential use or any lot located in a Residential (R) District.

         c.   All lighting for the facility must be oriented so that direct beams of light shine away from all adjoining properties and in compliance with the regulations outlined in Section 7.5, Outdoor Lighting.

   D.   Religious Institutions.

      1.   Day care centers, elementary and secondary schools, any combination of which have a combined enrollment capacity in excess of twenty-five (25) students or clients, operate separately, or on days and times other than the main worship or services, shall be considered separate principal uses and may be allowed subject to the regulations covering such uses in the underlying zoning district.

      2.   The following accessory uses are permitted for a place of worship:

         a.   Offices for the place of worship;

         b.   Rooms for religious instruction or counseling;

         c.   Meeting rooms for intermittent community meetings or instruction;

         d.   Fellowship hall;

         e.   Kitchen facilities;

         f.   Senior center, neighborhood arts center or other community center;

         g.   Temporary child care during religious services or events;

         h.   Outdoor play area;

         i.   Columbarium;

         j.   "Meals on Wheels" or other similar programs using the kitchen in the place of worship but delivering food elsewhere; and

         k.   Residence for clergy employed by the place of worship.

      3.   Such uses may be included within the same structures otherwise used for church purposes.

      4.   Separate parking requirements shall not be required provided the maximum number of parking spaces for the principal use is provided.

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

   The following standards shall apply to all commercial uses permitted with standards or when a special use permit is required, as set forth in the Permitted Land Use Table (see Section 5.4).

   A.   Amusement, Indoor (Recreation, Sports Center).

      1.   Individual indoor recreation use may not exceed 30,000 square feet in gross floor area.

      2.   Indoor recreation uses may not be open between the hours of 12:00 midnight and 7:00 a.m. when located adjacent to residentially zoned property.

   B.   Amusement, Outdoor (Water Parks, Batting Cages, Go-Cart Tracks, Golf Driving Ranges, Miniature Golf Facilities).

      1.   Minimum lot size for all development except miniature golf facilities and outdoor batting cages shall be five (5) acres.

      2.   No principal buildings or structures shall be located within fifty (50) feet of any property line.

      3.   Outdoor lights shall not be illuminated between the hours of 12:00 a.m. and 8:00 a.m.

      4.   No amusement equipment, machinery, or mechanical device of any kind may be operated within 200 feet of any residentially zoned property.

      5.   For Golf Driving Ranges specifically, tees must have at least 1,000 feet to the end of any open- air driving area. The Administrator may reduce this requirement if the end of the driving area is controlled by netting or other measures to control golf balls.

   C.   Automotive Sales, New and Used.

      1.   Adequate parking shall be provided for patrons who visit the sales facility. Permanent vehicle sales areas may not be located in any required parking spaces.

      2.   Vehicle sales or display areas may not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic.

      3.   An adequate on-site loading and unloading area shall be provided for the purposes of loading and unloading motor vehicles. Such area shall not impede traffic in an adjoining right-of-way.

      4.   Vehicles may not be located in a required yard or buffer area even for temporary display purposes.

      5.   Inoperable vehicles shall not be located in the premises.

   D.   Contractor's Office.

      1.   Except in the Industrial Districts, all activity shall be conducted entirely within a fully enclosed building. The temporary loading and off-loading of vehicles shall be permitted outside.

      2.   Outdoor storage and display may be allowed subject to Planning Board approval (see Section 5.11 for Outdoor Storage and Display use standards).

      3.   Combustible materials and chemicals shall be stored in compliance with all local, state, and federal regulations.

   E.   Cruise/Excursion/Dinner Boat.

      1.   Harbor or mooring of any existing or proposed cruise/excursion/dinner boat, whether on an incidental, occasional, routine, or permanent basis shall only occur within lands abutting navigable waters.

      2.   A required operation plan shall be submitted to the Administrator. This plan shall include proposed hours of operation, a plan or plans to scale of the marina and any other proposed ports of call denoting on site commercial facilities to service the boat, location of proposed berth area, ingress and egress route from the berth within the marina to the main channel; and the minimum dimensions between commercial slips through which the boat will pass. The plan shall denote the location(s) or area within the commercial marina dedicated as berthing areas for non power watercraft, and personal recreational watercraft. The plan shall also include the dimensions and seating capacity of the boat.

      3.   The boat must be equipped with radar, meet all Coast Guard requirements for the class, must not exceed eighty (80) feet in length; hull design for minimal wake.

      4.   Pier mooring shall meet all applicable commercial code requirements. Flotation shall be a minimum of forty (40) lbs. per sq. ft. of live load.

      5.   The mooring area and pier should directly access the boat. Common use of pier area serving existing residential or recreational craft or interference with private boats pier users in the marina or private pier area is not permitted.

      6.   Public restrooms facilities and an adequate effluent pump out station is required at the marina.

      7.   Adequate on-site parking at the marina facility must be provided to specifically service this usage.

      8.   Hours of operation are between 9:00 a.m. and 12:00 midnight.

      9.   Any amplified sound for recreational, or entertainment is permitted only until 9pm. Any amplification of sound is to be directed to within the boat.

      10.   Operations outside of the marina is restricted to the main channel of the intercoastal waterway or greater than two hundred (200) feet from the shore of the Atlantic Ocean.

   F.   Eating and Drinking Establishments. Except in the C-1, C-3, and NB zoning districts, a bar/drinking establishment/private club shall not be located within two hundred fifty (250) feet of a residential district and shall be separated by a minimum of seven hundred fifty (750) feet from another drinking establishment.

   G.   Gas Station with Convenience Retail.

      1.   Vehicle repair or service shall not be permitted.

      2.   The primary building, including any attached canopy, shall conform to all setback requirements.

      3.   Gasoline pumps, tanks and pump islands shall be located no closer than 20 feet to any side or rear property line or right-of-way.

      4.   No sign of any type or any gasoline pump or tank shall be located within 20 feet of a residential use.

      5.   A Class C buffer (see Section 7.4, Landscaping) shall be established along any side of the property where the gas station abuts a residential use, provided such buffer shall not restrict clear sight at any intersection or driveway.

      6.   Freestanding vents shall not be permitted.

   H.   Single-Bay Automatic Car Wash.

      1.   A single-bay automatic (not self-service) car wash completely enclosed except for openings necessary to allow entry and exit of vehicles shall be permitted subject to the following:

         a.   The car wash structure shall be located no closer than twenty (20) feet to any side or rear property line or right-of-way.

         b.   The car wash structure shall not exceed a height of twenty (20) feet or exceed an overall building dimension of twenty-five (25) feet in width and fifty (50) feet in length.

         c.   The car wash structure shall be located behind the rear building line of the principal building.

         d.   All car wash structures shall meet all applicable yard requirements.

   I.   Internet Sweepstakes/Gaming Facilities.

      1.   Hours of Operation. The business shall operate only on Monday through Saturday between the hours of 10:00 a.m. and 12:00 a.m. (midnight) and on Sunday between the hours of 1:00 p.m. and 12:00 a.m. (midnight).

      2.   The operation shall not be located closer than 1,500 feet from any residence or residential zoning district or any church or other religious institution, day care center, public or private elementary or secondary educational school including technical schools, community college or university, governmental institutions, public park or playground, public library, cemetery, skating rink, video arcade, another electronic gaming operation, tattoo or body piercing establishment, adult entertainment business or sexually oriented business or motion picture theater which shows G or PG-rated movies to the general public on a regular basis.

      3.   No more than 20 electronic gaming machines shall be permitted at any single electronic gaming operation facility.

      4.   Facilities may be subject to additional conditions as deemed necessary by the governing boards of the Town of Surf City as part of the special use approval process.

   J.   Kennels/Pet Day Care/Animal Shelters.

      1.   All kennel buildings shall be sufficiently insulated so that no unreasonable noise or odor shall be detected off-premises.

      2.   Animals shall not be kept or exercised outside between the hours of 11:00 p.m. and 6:00 a.m.

      3.   Outdoor runs must be landscaped and screened so they are not visible from adjacent roadways.

      4.   Outdoor runs shall not be located closer than one thousand feet (1000') to any residential structure.

   K.   Pet Grooming.

      1.   Breeding, selling, boarding animals overnight, training, day care or for adoption is prohibited.

      2.   No outdoor facilities, including kennels or outdoor runs and pens, are permitted on-site.

      3.   Pets receiving grooming services shall be contained indoors within appropriately sized enclosures.

   L.   Tattoo Parlor.

      1.   Hours of operation shall be limited from 8:00 a.m. to 9:00 p.m.

      2.   Tattoo parlors must be located a minimum distance of fifteen hundred (1,500) feet from a residentially zoned parcel, public parks, playgrounds, libraries, religious institutions, schools, child day care centers, bar/drinking establishment/private club, adult businesses, vape/smoke/tobacco shops, and other tattoo parlors.

      3.   With respect to the distance between a location which an tattoo parlor is proposed and the location of the uses listed in number two (2) above, the distance shall be measured by following a straight line from the nearest point of the lot line on which a proposed tattoo parlor is to be located to the nearest point of the lot lines of the uses listed in number two (2) above.

      4.   All federal, state, and local regulations for tattoo parlors shall be met.

   M.   Vehicle Repair.

      1.   No vehicle sales shall be permitted.

      2.   Tire and oil change establishments are considered Vehicle Repair uses for the purposes of this ordinance.

      3.   A Class C buffer (see Section 7.4, Landscaping) shall be established along any side of the property adjacent to a residential use.

      4.   Vehicle bays shall be set perpendicular to the street or otherwise screened from direct view by landscaping.

      5.   If the facility has more than one service bay, the additional service bay doors shall not be oriented toward any residential use, or the service bays shall be screened from view from adjacent property using landscaping.

      6.   All repair or service operations, excluding washing, shall be conducted entirely within a fully- enclosed building. The term fully enclosed building shall not be construed to limit open bay doors during hours of operation.

      7.   Operable vehicles may be parked on-site during business hours. All vehicle parking shall be accomplished on the site, and in no case shall a parked vehicle encroach into the right-of-way.

      8.   The outdoor overnight storage of vehicles may be allowed subject to Outdoor Storage and Display us standards in Section 5.11.

      9.   There shall be no dismantling of vehicles for salvage.

      10.   The storage of impounded vehicles shall not be permitted.

   N.   Vape Shop, Smoke, and Tobacco Shops.

      1.   Hours of operation shall be limited from 8:00am to 9:00pm.

      2.   Vape/smoke/tobacco shops must be located a minimum distance of fifteen hundred (1,500') feet from a residentially zoned parcel, public parks, playgrounds, libraries, religious institutions, schools, child day care centers, bar/drinking establishment/private club, adult businesses, tattoo parlors, and other vape/smoke/tobacco shops.

      3.   With respect to the distance between a location which an vape/smoke/tobacco shop is proposed and the location of the uses listed in number two (2) above, the distance shall be measured by following a straight line from the nearest point of the lot line on which a proposed vape/smoke/tobacco shop is to be located to the nearest point of the lot lines of the uses listed in number two (2) above.

      4.   All federal, state, and local regulations for vape/smoke/tobacco shops shall be met.

   O.   Watercraft Rentals.

      1.   The maximum number of recreational boats or personal watercraft governed by this ordinance on any given parcel will not exceed 10 units. Personal watercraft used as the tour guide will not be considered in this number. If the business is operating in a marina, privately owned boats as well as cruise/excursion/dinner boats do not apply to this count.

      2.   One parking space shall be provided per rental unit. In the case of multi-tenant sites parking shall be designated.

      3.   No business shall be operated within one hundred (100) feet of any property used for residential purpose.

      4.   Public restroom facilities must be available, if portable toilets are used they must be secured to prevent them from becoming windblown.

      5.   All signage shall comply with Section 8, Signs.

      6.   Up to 2 recreational boat/personal watercraft trailers may be kept on site at any given time.

      7.   For parcels requesting more than 10 units (regardless of ownership of business) a Special Use Permit must be obtained prior to commencement of business.

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

   The following standards shall apply to all utility uses permitted with standards or when a special use permit is required, as set forth in the Permitted Land Use Table (see Section 5.4).

   A.   Airports and Airstrips.

      1.   All uses shall meet the standards and requirements imposed by the Federal Aviation Administration and all other federal, state, or local agencies having jurisdiction.

      2.   The lot containing the use shall not be located within 300 feet of an existing residential structure.

   B.   Boat Docks, Piers, Wharves, Mooring (Private).

      1.   Such facilities may provide access to one or more residential units and may include a dock, kayak launching pad, or pier.

      2.   No commercial activities of any kind shall be allowed within the confines of the facility, including fishing charter pick up and drop off.

   C.   Boathouses, Boat Docks, Fishing Piers, Dry Storage and Dry/Wet Marinas (Commercial/Public).

      1.   Permitted activities and uses within commercial marinas are limited to wet and dry stack storage, boat service and repairs, boat fuel stations, boat accessory sales, boat trailer parking areas, automobile parking areas, and boat launches. All other uses must be permitted within the respective zoning district.

      2.   Dry stack storage shall not exceed 48' in height.

      3.   Setbacks shall adhere with the applicable zoning district requirements.

   D.   Low-Speed Vehicle (LSV).

      1.   Low-speed vehicles must meet the requirements of NC General Statutes.

      2.   Storage areas for LSVs shall be screened from view of the public right-of-way and any adjacent residentially used or zoned property.

      3.   Rental, maintenance, and all related functions shall be conducted within a permanent building having restroom facilities for patrons and employees.

      4.   A buffer meeting all requirements must be installed along any property line adjoining residentially zoned property.

      5.   No vehicle may be stored in the public right-of-way.

      6.   Lighting installed on the property must comply with the provisions for town lighting and shall be installed to prevent trespassing onto adjoining properties and control glare on the public right-of-way.

      7.   LSV repairs and modifications are permissible inside an enclosed building only.

      8.   Any signs or displays on the property must comply with Section 8 of the Zoning Ordinance.

      9.   No signs or displays of LSVs may occur in the public right-of-way, required parking, landscape buffers, or within the site triangle.

      10.   It shall be the responsibility of the operator to ensure that all federal, state, and local safety and motor vehicle laws are adhered to.

   E.   Parking Lots and Decks. These standards apply to parking lots and decks as a permitted principal use.

      1.   Screening. For parking structures, vehicles shall be screened from view from the street and adjacent properties with walls or decorative screens (architectural or vegetative). Sloped ramps cannot be discernible along the perimeter of a parking structure.

      2.   Materials. For parking structures, masonry (brick, stucco, etc.) materials shall be used on the majority of the first level of the structure's exterior façade.

      3.   Blank Walls. For parking structures, when adjacent to a street, residentially developed parcel, or residentially zoned parcel, blank wall void or features of visual interest may not exceed forty (40) feet in length or height. Visual interest features include façade articulation, change in material pattern, vegetation walls, murals, canopies, and glazing.

      4.   Stairwells. For parking structures, stairwells shall be open or enclosed with glass and be visible to the street for security reasons.

      5.   Electric Vehicle Charging. For parking lots and parking structures as principal uses with fifty (50) or more parking spaces, at least 5% of parking spaces shall include electric vehicle charging stations.

   F.   Wireless Telecommunication Towers. Please refer to Article 1, Section 5-6.2 of the Town's Code of Ordinances.

(Ord. No. 2024-15, 11-5-24; Ord. No. 2025-07, 3-13- 25)

   The following standards shall apply to all industrial uses permitted with standards or when a special use permit is required, as set forth in the Permitted Land Use Table (see Section 5.4).

   A.   Construction and General Outdoor Storage.

      1.   All construction storage shall be screened with a opaque fence or masonry wall at a minimum of 6 feet in height.

      2.   All storage areas shall not produce offensive noise, vibrations, smoke, dust, heat, odor, nor traffic congestion of which creates adverse effects to neighboring properties.

      3.   All storage materials shall be located within the required yards of the applicable zoning district.

   B.   Flex Space.

      1.   All materials or equipment shall be stored within an enclosed building or outdoor storage with opaque fence or wall and restricted to the rear yard.

      2.   Any operation which results in the creation of noxious vibrations, odors, dust, glare or sound is prohibited.

      3.   A minimum of fifteen percent (15%) of the gross floor area of an individual tenant area must be dedicated to office space.

   C.   Light Industrial and Manufacturing.

      1.   All manufacturing activity shall be conducted entirely within a fully enclosed building.

      2.   Outdoor storage and display may be allowed subject to Planning Board approval (see, Section 5.11.A, Outdoor Storage and Display).

      3.   Uses shall not emit smoke, odor, or objectionable waste materials.

      4.   No vibration shall be produced that is transmitted through the ground (and is discernible without the aid of instruments) at or beyond the lot line.

      5.   No direct glare from high temperature processes such as combustion or welding visible from the street shall be permitted.

   D.   Mini/Self-Storage Facility.

      1.   All storage shall be contained within a fully enclosed building. However, outdoor storage of boats, travel trailers, recreational vehicles, and other noncommercial occasional use vehicles may be allowed subject to the approving body.

      2.   A Class C buffer (see Section 7.4, Landscaping) shall be established along any side of the property where the self-storage facility abuts or is across the street from a residential use.

      3.   Where the end wall of the self-storage facility is visible from a public right-of-way, the wall shall be buffered by a hedge that has a mature height of at least four feet.

      4.   The following activities shall be prohibited on the premises:

         a.   Commercial, wholesale or retail sales, flea markets or peddling, or miscellaneous or garage sales. However, once a month, the management of the self-storage facility may conduct a one-day auction or sale of abandoned or stored materials to settle unpaid storage bills in accordance with State of North Carolina regulations.

         b.   Servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment.

         c.   Operation of a transfer-and-storage business.

         d.   Operation of power tools, spray painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment except when needed for maintenance of the use.

         e.   Any activity that is noxious or offensive because of odors, dust, noise, fumes, or vibrations.

         f.   Storage of hazardous chemicals, flammable liquids, or combustible and explosive materials.

         g.   Habitation of storage units by humans or animals.

   E.   Wholesale/Warehouse.

      1.   Outdoor sales are prohibited.

      2.   Outdoor storage must be screened appropriately from the right-of-way and comply with Section 5.11.

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

   A.   Adult Businesses.

      1.   No such adult establishment shall be located less than fifteen hundred (1,500) feet from a residentially zoned parcel, public parks, playgrounds, libraries, religious institutions, schools, child day care centers, bar/drinking establishment/private club, vape/smoke/tobacco shops, tattoo parlors, and other adult businesses.

      2.   With respect to the distance between a location which an adult establishment is proposed and the location of the uses listed in number one (1) above, the distance shall be measured by following a straight line from the nearest point of the lot line on which a proposed adult establishment is to be located to the nearest point of the lot lines of the uses listed in number one (1) above.

      3.   All openings shall have opaque glazing to discourage visibility of the interior and no mirrored glass shall be allowed.

      4.   The maximum floor area of each use shall be one thousand five hundred (1,500) square feet.

      5.   No exterior signage or building element shall be pornographic in nature or convey any such idea or element.

   B.   Boat and RV Parking and Storage.

      1.   General.

         a.   The following supplemental standards apply to the outdoor storage of watercrafts, recreational vehicles, campers, and other large or motorized recreational equipment.

         b.   No recreational equipment shall be used for living, sleeping, or housekeeping purposes unless it is located in a campground being legally operated under this ordinance or its owner has been issued a temporary use permit, as provided in this section, for use on (in the case of land-based equipment) or at (in the case of a boat) a residential lot. This provision is intended to limit living, sleeping, and/or housekeeping use of recreational equipment to permitted campgrounds and to temporary visitors to residential homes.

         c.   Parking or storage of recreational equipment is, except as noted above, limited to:

            (1)   The property of the owner of the equipment;

            (2)   Parking associated with registered guests at motels and other rental accommodations; and

            (3)   Parking that does not exceed twenty-four (24) hours on private parking lots.

         d.   Temporary permits for the use and occupancy of recreational equipment on or at residential lots may be issued by the Administrator subject to the following conditions:

            (1)   A permit shall be valid for a maximum period of thirty (30) consecutive days; provided that no subsequent permit shall be issued to the same owner of recreational equipment or owner or tenant of a lot of record any sooner than thirty (30) consecutive days following the expiration of a prior period of permitted use;

            (2)   A permit shall be issued in the joint names of the owner of the recreational equipment and the owner or tenant of the lot of record on which the recreational equipment is located;

            (3)   A permit shall specify the address of the lot of record on which the recreational equipment shall be placed. Such permit shall be valid only when the recreational equipment is placed on the lot of record specified in the permit;

            (4)   No recreational equipment placed on a lot of record pursuant to a permit shall be rented or leased for any period of time whatsoever;

            (5)   No recreational equipment placed on a lot of record pursuant to a permit shall be connected directly or indirectly to the city water or sewer system;

            (6)   At the issuance of a permit, a fee shall be collected in accordance with the town's fee schedule;

            (7)   Any permit issued pursuant to this section shall be immediately invalid in the event the permitted recreational equipment is used in violation of the provisions of this section.

      2.   Outside Agency Approval. All dry storage is applicable to state and federal regulatory permits being obtained.

      3.   Screening.

         a.   Outdoor storage areas must be screened from public view with decorative fencing and/or landscaping that is opaque to a minimum height of 6' at time of installation. Landscaping shall be evergreen and provide a continuous, unbroken screen.

         b.   Storage of any kind is prohibited outside of the required fenced and landscaped area.

         c.   No items stored within 30 feet of the required fencing and landscaping may exceed the height of the fence or wall.

      4.   Lighting. Lighting associated with outdoor displays, sales, and storage shall be directed and/or shielded to prevent glare onto adjacent properties and shall be dimmed after 11:00 p.m.

      5.   Signage. All signage shall meet the requirements outlined in Section 8, Signs.

   C.   Food Truck.

      1.   Permits Required.

         a.   Food Trucks must comply with the requirements outlined in Section 10-283 of the Town's Code of Ordinances.

         b.   When the standards listed herein conflict with those outlined in Section 10-283 of the Town's Code of Ordinances, the more stringent shall apply.

         c.   Food truck vendors must provide documentation of approval from the Health Department of the County in which the food truck's associated restaurant or commissary is located.

         d.   The County Health Permit must be displayed during hours of operation.

         e.   Food truck operators must obtain a permit from the Town Manager or their designee. The permit must be prominently displayed on the food truck.

         f.   There shall be two (2) types of Food Truck permits. An annual and a special events permit issued by the Town's Parks and Recreation Department. Annual permits shall cover the operation and location(s) the food truck can serve from July 1 - June 30. Special event permits shall cover the operation and locations(s) for individual special events that are open to the public. Fees shall be in accordance with the adopted fee schedule.

      2.   Public Safety.

         a.   Temporary connection to potable water is prohibited. All plumbing and electrical connections shall be in accordance with the State Building Code.

         b.   Grease and wastewater must be contained and disposed of in an approved grease receptacle located at the associated restaurant or commissary.

         c.   If the food truck is operating after dark, the food truck vendor shall provide appropriate lighting.

         d.   A food truck vendor shall not operate the food truck as a drive-in window.

         e.   The Administrator may engage in zoning enforcement or prohibit/suspend a food truck vendor's operations if causing parking, traffic congestion, or litter problems either on or off the property where the use is located or such use is otherwise creating a danger to the public health or safety.

      3.   General Location Requirements.

         a.   Food trucks must be located on private property with written permission from property owner.

         b.   Food trucks shall be positioned at least one-hundred (100) feet from the customer entrance of an existing restaurant during hours of operation, unless the vendor provides documentation that the restaurant owner supports a closer proximity.

         c.   Food trucks shall not block, drive aisles, access to loading/service areas, or emergency access and fire lanes. Food truck vending must also be positioned at least fifteen (15) feet away from fire hydrants, any fire department connection, and driveway entrances. If located in the public right of way, food truck must not use more than two parking spaces.

      4.   Hours of operation. Food trucks must cease operations between the hours of 12:00am and 7:00am and are not permitted to remain on site overnight.

      5.   Signage. No signage shall be allowed other than signs permanently attached to the motor vehicle. An easel sign no more than twelve (12) square feet per sign face in display area may be placed within the customer waiting area.

   D.   Unbuildable Oceanfront Lot Deck/Crossover.

      1.   Compliance. Decks and crossovers shall be permitted provided that they meet all state, federal, and the following local requirements:

         a.   Permit Required. A deck or crossover shall not be permitted until a zoning permit and building permit, as applicable, have been approved.

         b.   Size. All decks and crossovers are limited to a single level. Decks are limited to five hundred (500) square feet, with a maximum of two hundred (200) square feet being covered.

         c.   Parking. A twenty-four (24) foot wide access driveway may be constructed for the owner's access to the deck or crossover.

         d.   Use. Property may not be used for construction of pools, overnight stays, RV hookups, or any commercial use.

         e.   Addressing. Addresses shall be posted on the street side and the Oceanside of any deck or crossover structure.

         f.   Lighting. All lighting shall be located on the interior rails of the decking or under a roof structure.

            (1)   NO lighting shall shine directly onto the beachfront.

(Ord. No. 2024-15, 11-5-24; Ord. No. 2025-08, 3-13- 25)

   A.   General Requirements.

      1.   Accessory structures and uses shall not involve operations or structures not in keeping with the character of the primary use or principal structure served.

      2.   Accessory structures and uses shall not be of a nature likely to attract visitors in larger numbers than would normally be expected, where applicable.

      3.   Accessory structures in residential districts may not exceed 10% of the total lot area, or 1,200 square feet, whichever is greater. Swimming pools are exempt from this requirement.

      4.   An accessory use shall contribute to the comfort, convenience, or necessity of occupants of the primary use served.

      5.   Tractor trailers, buses, shipping containers, or any other vehicle are prohibited as storage buildings or structures except as permitted on an active construction site.

      6.   Accessory Structures must meet the following dimensional standards:

         a.   Front yard, minimum required: Same as principal structure.

         b.   Side/rear yard, minimum required: Five (5) feet.

         c.   Separation between other structures: Five (5) feet. However, accessory structures may be attached to the primary or principal structure.

      7.   No accessory structure shall be placed between the roadway on which the building fronts and the front building line of principal structure

      8.   The height of an accessory structure shall not exceed the height of the principal structure.

      9.   The total square footage of accessory structures may not exceed the gross floor area of the primary structure on the site. This restriction does not apply to in-ground pools.

   B.   Accessory Dwelling Units (ADU). One (1) accessory dwelling shall be permitted per lot, except for those on-island, and only in compliance with the following requirements:

      1.   The accessory dwelling unit must be clearly subordinate to the principal dwelling.

      2.   The principal dwelling and accessory dwelling unit together shall not exceed the maximum building coverage and impervious surface requirements for the district.

      3.   All principal structure setbacks and yard requirements shall be met.

      4.   One (1) additional parking space on the same premises shall be required for the accessory dwelling unit.

      5.   A subdivision with accessory dwelling units shall not exceed the maximum district density requirements, counting all principal dwelling units and any accessory dwelling units.

      6.   An accessory dwelling may be located within the principal structure or as part of an accessory structure. When located as part of an accessory structure, the following standards shall be met:

         a.   The accessory dwelling shall be located on the same lot as the principal structure.

         b.   The accessory dwelling shall be separated by at least ten feet from the principal structure.

         c.   The accessory dwelling shall be located in the rear or side yard of the principal structure. The rear and side setback shall be equal to those of all accessory structures.

         d.   The height of a principal structure shall not be exceeded by any accessory dwelling.

      7.   Manufactured housing, campers, travel trailers and recreational vehicles are not permitted for use as an accessory dwelling.

   C.   Drive-Through.

      1.   Drive-throughs shall not front on the primary public street.

      2.   Drive-throughs are prohibited within the Central Business District zoning district (C-1).

      3.   Vehicle storage for drive-through shall be located outside of and physically separated from the right of-way of any street. This area shall not interfere with the efficient internal circulation of traffic on the site, adjacent property, or adjacent street right-of-way.

      4.   Drive-through window facilities shall be screened from off-site view from a street right-of-way.

      5.   Drive-through service window menu boards may not be oriented to a public right-of-way and main menu board signs shall not exceed forty-two (42) square feet on the sides or fifty-two (52) sq ft in the rear of the building (including any temporary signage affixed to the menu board). Limited to one (1) main menu board sign and one (1) pre-sale menu sign (not to exceed 12 sq ft) per drive-through lane.

      6.   Any such drive-in service window menu board containing a loud speaker shall be located at least fifty (50) feet from any pre-existing residential property line located in a residential district.

      7.   Drive-through stacking requirements shall be in accordance with Section 7.6, Parking and Loading Standards.

   D.   Home Occupations.

      1.   Applicability. For the purposes of these regulations, a home occupation shall be considered a non-residential operation that takes place solely within a residence so long as no more than twenty-five (25%) of the residence is not uses for the purposes of the home occupation and is clearly incidental and secondary to the use of the dwelling for living purposes. Home offices limited to one room within a dwelling and used for teleworking purposes shall not be considered a home occupation and is permitted within all zoning districts.

      2.   Requirements.

         a.   All home occupation applicants shall provide a sketch showing the floor plan and the area to be utilized for the home occupation including the total area of the residence.

         b.   Such business shall not change the character of the dwelling or constitute a nuisance for the neighborhood. Beauty parlors and barbershops shall not be considered home occupations.

         c.   No outside storage or displays associated with the home occupation shall be permitted.

         d.   A maximum of one (1) non-resident employee, contracted or otherwise hired, is permitted in the house.

         e.   One (1) company vehicle shall be permitted per house; otherwise, only vehicles used primarily as passenger vehicles shall be permitted in connection with the home occupation.

         f.   Customers may only visit the premises between the hours of 7:00 a.m. and 9:00 p.m.

         g.   Home occupation signage shall meet the requirements outlined in Section 8, Signs.

         h.   In addition to all applicable permits required of the home occupation, the administrator shall issue approval of the home occupation prior to operation.

   E.   Home Vehicle Repair.

      1.   A vehicle may be repaired or maintained in a residential zoning district subject to the following:

         a.   Only one (1) vehicle may be repaired on a residential property unless the repair work and storage of the vehicle is completely contained within a garage or other enclosed structures.

          b.   The vehicle must be registered with valid license plates to an occupant of the residence.

         c.   Repair may include body work, small engine repair, painting, and similar work as long as no violations of the Town's noise ordinance is violated and work last no longer than one (1) month.

   F.   Outdoor Seating and Dining.

      1.   Outdoor seating is only allowed as an accessory use to any restaurant, bar/tavern, or other uses where food or beverages are served for consumption as an accessory use, subject to the following standards:

         a.   No sound production or reproduction machine or device (including, but not limited to musical instruments, loud-speakers, and sound amplifiers) shall be used, operated, or played in the outdoor seating area at a volume that would disturb the peace, quiet, or comfort of adjoining properties or businesses.

         b.   Hours of operation of the outdoor seating area shall be the same as those for the establishment.

         c.   Food preparation shall occur only within the enclosed principal building.

         d.   The outdoor seating area shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use.

         e.   No tables, chairs, umbrellas, or other furnishings or equipment associated with the outdoor seating area shall be attached, chained, or otherwise affixed to any curb, sidewalk, tree, post, sign, or other fixture within the outdoor seating area.

         f.   The outdoor seating area shall be limited to that part of the sidewalk directly in front of the property containing the eating or drinking establishment unless the owner of adjoining property or business agrees in writing to an extension of the outdoor seating area to that part of the sidewalk in front of the adjoining property or business. Outdoor seating may also be permitted to the side or rear of the principal use if seating doesn't encroach into the required yards or setbacks.

         g.   A clear pathway at least five feet wide shall be maintained to allow through public pedestrian traffic along the sidewalk and from the sidewalk into the entrance to the establishment. A greater width may be required where necessary to ensure the safe and convenient flow of pedestrian traffic.

         h.   A clear separation of at least five (5) feet shall be maintained from any alley, crosswalk, fire hydrant, or similar public or emergency access feature in or near the sidewalk. A greater clear distance may be required where necessary to ensure use of the public or emergency access feature.

         i.   No objects shall be placed along the perimeter of the outdoor sidewalk seating area that would have the effect of forming a physical or visual barrier discouraging the use of the sidewalk by the general public.

         j.   Tables, chairs, umbrellas, and other furnishings associated with the outdoor seating area shall be of sufficient quality design, materials, and workmanship to ensure the safety and convenience of area occupants and compatibility with adjacent uses.

         k.   The outdoor seating area may be permitted on a public sidewalk abutting or adjacent to the front of the property containing the principal establishment also subject to the following requirements:

            (1)   A Right-of-Way Encroachment approval must be granted by the Town of Surf City or NCDOT. Terms of the encroachment agreement will include, but are not limited to:

               (a)   Ensures that the operator is adequately insured against and indemnifies and holds the Town harmless for any claims for damages or injury arising from sidewalk dining operations, and will maintain the sidewalk seating area and facilities in good repair and in a neat and clean condition;

               (b)   Authorizes the Town to suspend authorization of the outdoor seating use, and to remove or relocate or order the removal or relocation of any sidewalk seating facilities, at the owner's expense, as necessary to accommodate repair work being done to the sidewalk or other areas within the right-of-way containing or near the outdoor seating area; and

               (c)   Authorizes the Town to remove or relocate or order the removal or relocation of any sidewalk seating facilities, at the operator's expense, if the operator fails to comply with a Town order to do so within a reasonable time period.

   G.   Pools/Residential Amenity Centers.

      1.   Outdoor Community Pools, Private Club Pools, or Pools in Multifamily Complexes.

         a.   Outdoor pools including decking shall be located at least 50 feet from any property line adjacent to a residential district or use, and at least 25 feet from any property line adjacent to any other district or use.

         b.   When the pool is adjacent to off-site residences, the playing of music detectable off- site on a public address system is prohibited. Informational announcements shall be permitted. This requirement may be waived if a permit has been issued for a special event.

      2.   Private Swimming Pools. When allowed, in-ground and above ground swimming pools that have a water depth over 24 inches and/or have a surface area of at least 100 square feet shall be subject to the following requirements.

         a.   Private swimming pools (as well as the decking and equipment associated with the pool) cannot be located in the street yard and shall not be closer than five feet to any property line.

         b.   All private pools shall be fenced in accordance with all local and state regulations.

   H.   Private Vehicle Sales. Vehicle sales shall be prohibited within a residential district or on property devoted to residential use, except that the sale of a private vehicle registered to the occupant of the residence shall be allowed. No more than one (1) such vehicle shall be displayed at a time.

   I.   TV Dish Antenna.

      1.   A dish three (3) feet or less in diameter and six (6) feet or less in height, can be located anywhere on the lot.

      2.   A dish three (3) feet or less in diameter and greater than six (6) feet in height, can be attached to a structure.

      3.   A dish greater than three (3) feet in diameter must go in the rear yard.

      4.   Irrespective of these requirements, if another location is necessary in order to receive transmission signals, the board of adjustment can grant a modified form of a variance.

      5.   Before installation of a dish, a permit issued by the town planner shall be obtained from the town in accordance with the town's fee schedule.

(Ord. No. 2024-15, 11-5-24; Ord. No. 2025-05, 3-13- 25; Ord. No. 2025-15, 6-3-25)

   A.   General Requirements. Certain uses are temporary in character. They vary in type and degree, as well as length of time involved. Such uses may have little impact on surrounding and nearby properties, or they may present questions involving potential incompatibility of the temporary use with existing uses. Unless otherwise specified in this Ordinance, the following regulations shall govern temporary uses.

   B.   Temporary Uses Exempt from Permit. The following permitted temporary uses are exempt from these requirements.

      1.   Christmas tree and pumpkin sales lots.

      2.   Garage or yard sales are permitted only by the property owner on their property and are allowed once every four months at any given location. The sale may not exceed three consecutive days in length. Advertising signs may not be placed on any rights-of-way or off-site locations without the owners' permission.

      3.   Storage pods for off-site storage of household or other goods located in any street yard are permitted for a maximum of seven consecutive days, and any side or rear yard for a maximum of thirty (30) consecutive days.

   C.   Temporary Use Permit Required. The following temporary uses are allowed in the frequency stated below except that no property shall have more than four (4) of the events listed below in one (1) calendar year.

      1.   Commercial Circuses, Carnivals or Fairs. Commercial circuses, carnivals or fairs, for not more than two (2) consecutive weeks in any calendar year.

      2.   Temporary Religious or Revival Activities. Temporary religious or revival activities in tents in association with a place of worship, for not more than two consecutive weeks in any calendar year.

      3.   Non-Profit Special Events. Special events run by non-profit, charity organizations occurring no longer than one (1) month.

      4.   Tent Sales. Tent sales by merchants occupying the premises on which the sale is conducted and having a valid certificate of occupancy, and occurring no longer than fourteen (14) consecutive days once every six (6) months.

      5.   Grand Opening Sales. Grand opening sales, including outside food and beverage vending, for three (3) consecutive days, once per certificate of occupancy.

      6.   Outdoor Vehicle Show or Sale. Outdoor motor vehicle or recreational vehicle show or sale, for three (3) consecutive days, twice per calendar year.

      7.   Other Temporary Uses. Other temporary uses similar in nature to the ones listed above, with corresponding limitations, as determined by the Administrator.

   D.   Temporary Outdoor Display of Merchandise.

      1.   Outdoor display of merchandise in nonresidential districts by merchants occupying the premises and having a valid certificate of occupancy, occurring no longer than nine (9) consecutive days up to four times per year, is allowed subject to issuance of a temporary use permit and all of the following conditions.

         a.   Merchandise shall only be displayed in front of the premises occupied by the merchant.

         b.   Merchandise shall not be displayed closer than five (5) feet to any entrance to the premises.

         c.   Merchandise shall only be displayed in a manner that does not obstruct pedestrian or vehicular circulation or traffic.

         d.   The display of merchandise shall not exceed eight (8) feet in height.

         e.   Merchandise shall only be displayed during the merchant's hours of operation, and must be taken inside the premises at closing.

         f.   Merchandise shall only be displayed in an area not wider than fifty (50) percent of the total linear foot frontage of the building occupied by the merchant.

         g.   A violation of any conditions set out in this section shall constitute a violation of the temporary use permit and cause said temporary use permit to be revoked. Once revoked, a temporary use permit shall not be issued for the same temporary use for a period of one (1) year.

      2.   Any temporary use permit issued under paragraphs of Section 3, Procedures shall be counted in the maximum number of temporary use permits allowed for the temporary outdoor display of merchandise.

      3.   The requirements of this section do not supersede the permanent outdoor storage or display requirements of Section 5.11.

   E.   Manufactured Home or Trailer for Temporary Use. After approval by the Administrator, a manufactured home or trailer may be used as a temporary office, security shelter, or shelter for materials or tools (but not for residential purposes or sales offices) incident to construction on or development of the premises upon which the manufactured home or trailer is located. Such use shall be strictly limited to the time construction or development is actively underway. In no event shall the use continue more than six (6) months without the further approval of the Administrator. The temporary use shall be approved only upon finding that actual construction is continuing.

   F.   Temporary Use in Conjunction with Special Event Permit. Where a valid permit has been issued by the Town for use of adjacent right-of-way that makes the street unavailable to vehicular traffic, a temporary use permit may be issued in accordance for events on the grounds or in the parking lot of any adjacent parcel during the period of the special event permit.