Surf City City Zoning Code

   A.   Purpose. Recreation and open space are an integral part of every community. The purpose of this section is to require open space for the preservation of natural features, adding character and amenities to new residential development, and provide active and passive recreational opportunities for the residents of Surf City.

   B.   Applicability.

      1.   The open space and recreation requirements of this section are applicable to all new, mainland residential development of five units or more, requiring the submission of a major subdivision plat or site plan.

      2.   Exemptions. The following development shall not be subject to the provision of open space and recreational facilities unless otherwise required by this ordinance:

         a.   Expedited and Minor subdivisions (see Articles II.G and H of the Subdivision Ordinance).

         b.   Residential infill development or individual residential dwellings not part of a subdivision, site plan, special use, or conditional rezoning.

         c.   Residential development on island, however sound and/or ocean access may be required.

   C.   Minimum Requirements. All new residential developments meeting the requirements of Section B shall be required to set aside open space equal to 0.03 acres (1,306.8 square feet) per dwelling unit.

   D.   Provision of Open Space.

      1.   Open Space shall not include more than fifty (50) percent of resource conservation areas as defined in Section 6.0, Environmental and Coastal Protection.

      2.   No open space within a subdivision may be placed on an individually subdivided lot, intended for residential use.

      3.   The land dedicated under this ordinance, or any provisions made under this ordinance shall be used only for the purpose of providing open space, parks or recreation areas and the location of the land shall bear a reasonable relationship to the use of the area by the future inhabitants of the subdivision or development.

      4.   The land reserved for the provision of open space shall be located either on the subject site or may be provided in another location on the recommendation of the Planning Board and the approval of the Town Council. A fee-in-lieu of the provision of recreation area required may be made and shall be provided at a rate determined appropriate by the Town. A combination of dedication and payment-in-lieu may be used to meet these requirements.

      5.   The applicant is required to either dedicate the land for recreation and/or open space use to the Town or provide private space and/or facilities for the use of residents or patrons of the development. The Town Council reserves the right to refuse to accept dedication of open space for subdivisions.

         a.   The location of the proposed recreation and open space areas, their suitability for recreational use, and any recreational plans adopted by the Town shall be considered in determining whether to accept dedication, payment-in-lieu, or require private responsibility. The decision shall be made by the Town Council or Administrator.

         b.   If the Board refuses the dedication or if a private open space or recreation facilities are proposed, the applicant shall provide information related to the ownership and responsibility of the open space, such as the property owner, a Homeowners Association or Land Conservancy or Trust, in accordance with this section and shall record a declaration of covenants and restrictions that will govern the open space.

         c.   If the Board accepts dedication, the land received under this ordinance shall be used only for the purpose of providing open space, park and/or recreational areas, but shall not be so restricted should the Town determine to sell such land as provided by this paragraph. The Town shall have the right to sell any land dedicated to the Town for park and recreational purposes after a finding by the Planning Board that a particular piece of property is not appropriate for recreational development or incompatible with the Surf City Land Use Plan. The sale of said property shall be restricted to be used as is adjacent property. Fees collected in lieu of dedications and any proceeds from such transactions or sales shall be held in a special fund by the Town. The funds shall be used by the Town for the purpose of acquiring and developing open space and recreation areas and for no other purposes. The depository for such funds may be the same as permitted other funds of the Town and pending their expenditure in accordance with the terms of this act, such funds may be invested as other funds of the Town. The Town may at its discretion add additional monies to the fund for the purposes of purchasing open space and recreational land. On all matters not specifically provided for in this ordinance, the Municipal Fiscal Control Act, as amended, shall be controlling.

   E.   Recreation Required. A minimum of fifty (50) percent of all required open space shall be dedicated and designed to allow for programmed recreational features. For example, a fifty (50) acre residential development requires, at minimum, five (5) acres of land dedicated to open space. Of those five (5) acres, a minimum fifty (50) percent (e.g., 2.5 acres) shall be dedicated for recreation.

      1.   Recreation features must include active recreation.

      2.   Programming of spaces must be indicated on the plans at the time of submittal.

      3.   Active Recreation may include but is not limited to the following:

         a.   Lawn games or permanent gaming tables.

         b.   Playgrounds.

         c.   Courts (tennis, pickleball, basketball, etc).

         d.   Swimming pools.

         e.   Splash pads.

         f.   Athletic Fields (baseball, soccer).

         g.   Clubhouses, pavilions, amenity centers.

         h.   Exercise facilities.

         i.   Golf courses.

         j.   Disc Golf.

         k.   Dog parks (w/amenities).

         l.   Lakes and Ponds (with boating, fishing, etc).

         m.   Walking trails.

         n.   Pollinator Gardens.

         o.   Community Gardens.

         p.   Picnic areas.

         q.   Dog parks (just fenced).

         r.   Greenways.

         s.   Boardwalks.

   F.   Configuration of Open Space.

      1.   The minimum width for any required open space shall be fifty (50) feet. Exceptions may be granted by the Town Board of Commissioners for items such as trail easements, mid-block crossings, linear parks/medians, when their purpose meets the intent of this section.

      2.   At least fifty percent (50%) of the required open space shall be in a contiguous parcel. For the purposes of this section, contiguous shall include any recreation and open space bisected by a residential street or driveway, provided that:

         a.   A pedestrian crosswalk is constructed to provide access to the recreation and open space on both sides of the street or sidewalk; and

         b.   The right-of-way area is not included in the calculation of minimum recreation and open space required. The recreation and open space shall adjoin any neighboring areas of recreation and open space, other protected areas, and non-protected natural areas that would be candidates for inclusion as part of a future area of protected recreation and open space.

      3.   In residential areas, the required recreation and open space shall be directly accessible to the largest practicable number of units within the development. Non-adjoining units shall be provided with safe, convenient access to the open space (i.e., mid-block connections in logical locations). No unit within the development should be further than a quarter mile radius from the required recreation and open space. This radius shall be measured in a straight line, without regard for street, sidewalk, or trail connections to the open space.

      4.   Access to the recreation and open space shall be provided either by an abutting street, parking areas, or easement.

      5.   Slope on areas dedicated for recreation shall not exceed five (5) percent.

      6.   In the case that a development or subdivision is being developed in phases, the amount of recreation and open space shall be computed separately for each phase but may be combined with existing recreation and open space in earlier phases to create a larger uniform area.

      7.   In no case shall the provision of open space or recreation areas be on an individual, subdivided lot developed as a residential unit within a residential subdivision.

   G.   Adopted Municipal and County Plans. Adopted municipal and county plans shall be taken into consideration when evaluating land proposals.

   H.   Prohibited Uses of Recreation and Open Space. Recreation and Open space shall not include the following:

      1.   Community or individual wastewater disposal systems.

      2.   Overhead or underground utility easements and rights-of-way, drainage easements, access easements.

      3.   Streets (except for street crossings as expressly provided above) and parking areas.

   I.   Ownership and Management of Recreation and Open Space.

      1.   Ownership. Recreation and open space shall be accepted and owned by one (1) of the following entities:

         a.   Town of Surf City. The responsibility for maintaining the recreation and open space, and any facilities shall be borne by the Town.

         b.   Land conservancy or land trust. The responsibility for maintaining the recreation and open space, and any facilities shall be borne by a land conservancy or land trust.

         c.   Property Owner's Association. A Property Owner's Association representing residents of the subdivision shall own the recreation and open space. The responsibility for maintaining the recreation and open space, and any facilities shall be borne by the Property Owner's Association.

            (1)   The property/homeowner's association shall be established before the homes are sold.

            (2)   Membership shall be mandatory for each buyer and all successive buyer(s).

            (3)   The association shall be responsible for the liability insurance, local taxes, and the maintenance of recreational and other facilities.

            (4)   Any sums levied by this association that remain unpaid shall become a lien on the individual owner's property which shall be subordinate only to tax and mortgagee liens.

            (5)   If all or any portion of property held by the association is being disposed, or if the association is dissolved, adequate open space shall be deeded to the Town to satisfy the requirements for public recreation facilities under this article.

         d.   Private landowner. A private landowner may retain ownership of recreation and open space. The responsibility for maintaining the recreation and open space, and any facilities shall be borne by the private landowner. This is not intended for individual homeowners in a residential subdivision.

      2.   Maintenance.

         a.   Passive recreation and open space maintenance is limited to removal of litter, dead tree and plant materials (that is obstructing pedestrian movement), and brush; weeding and mowing. Natural water courses are to be maintained as free-flowing and devoid of debris. Stream channels shall be maintained so as not to alter floodplain levels.

          b.   Active recreation and open space areas shall be accessible to all residents of the development. Maintenance is limited to ensuring that there exist no hazards, nuisances or unhealthy conditions.

   J.   Legal Instrument for Permanent Protection.

      1.   The recreation and open space shall be protected in perpetuity by a binding legal instrument that is recorded with the deed. The instrument shall be one (1) of the following:

         a.   A permanent conservation easement in favor of either:

            (1)   A land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for re-transfer in the event the organization becomes unable to carry out its functions; or

            (2)   A governmental entity with an interest in pursuing goals compatible with the purposes of this chapter. If the entity accepting the easement is not the Town, then a third right of enforcement favoring the Town shall be included in the easement.

         b.   A permanent restrictive covenant for conservation purposes in favor of a governmental entity or property owner's association

         c.   An equivalent legal tool that provides permanent protection, if approved by the Town.

      2.   The instrument for permanent protection shall include clear restrictions on the use of recreation and open space. These restrictions shall include all restrictions contained in this chapter, as well as any further restrictions the applicant chooses to place on the use of the recreation and open space. Where appropriate, the instrument shall allow for stream or habitat restoration within the easement area.

      3.   Documentation of covenants, conditions, and restrictions; easements descriptions; and other required instruments shall be submitted to the Town for review by the Town's Administrator and attorney.

   K.   Fee in Lieu of Open Space Dedication.

      1.   Any person developing and/or subdividing property subject to this Chapter, upon approval of the Town Council, may make a payment in lieu of any required dedication of open space land.

      2.   Value Determination.

         a.   Payment in lieu of dedication shall be the product of the average post-development appraised value per acre of the land within the development multiplied by the number of acres required to be dedicated: as shown in the following formula and as described in subsection b. and subsection c. below:

         b.   Average Post Development Appraised Per Acre Value of Entire Development x (Required Open Space Dedication) = Payment in Lieu Dedication Fee.

         c.   The Average Post Development Appraised Value per acre of the Entire Development shall be established by an appraiser at the applicant's expense. The appraiser shall be a member in good standing of the American Institute of Real Estate Appraisers.

         d.   Any disagreement in the amount of the required payment shall be resolved by conducting a second professional appraisal of the fair market value of the property. Another professional appraiser shall be mutually agreed upon by the developer and Town. This appraiser shall be appointed by the Town, at the developer's expense, should an initial agreement not be reached.

      3.   The Town Council may, at its discretion, accept either an equitable amount of land in another location or a fee paid to the Town in lieu of dedication. A combination of open space land dedication and payments-in-lieu of dedication may be permitted.

      4.   All open space land dedication payments made in lieu of dedication shall be made at the time of Final Plat approval. Failure to make such dedication and/or submit the required fee along with such applications will delay approval of such submissions until payment is rendered. All funds received for payment in lieu of dedication shall be deposited in a special fund or line item to be used only for the acquisition, development, management and/or redevelopment of public open space by the Town.

      5.   Reasons for payments in lieu of dedication may include, but are not limited to, proximity to existing public parks and/or existing topographic or geographic conditions.

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

   A.   General. Consistent with adopted Comprehensive Plan and the adopted Surf City Multi-Use Path Map, the Town of Surf City intends to support and promote the provision of greenways in the Town as a portion of the larger pedestrian network. Greenways preserve and create open space, encourage physical fitness, provide alternative means of transportation, create opportunities for outdoor recreation, and provide connectivity between open spaces, schools, cultural sites, neighborhoods, and the beach. Where land is designated as part of the town's adopted greenway system, development shall comply with the town's adopted plans and include the creation of new greenway trails. New development may also provide additional greenways and/or connections to greenways in accordance with the standards of this section.

   B.   Applicability. Greenway requirements of this section are applicable to all properties with frontage onto the Surf City Multi Use Path as identified on the adopted Surf City Multi-Use Path Map.

   C.   Greenways may be credited against the requirements of Section. 7.1 Open Space and Recreation provided that such greenways are:

      1.   A part of the Surf City Multi-Use Path.

      2.   Dedicated to public use and located within a 20' public greenway easement located across HOA- owned/maintained land (easement cannot be located within individual residential lots).

      3.   Built to meet public greenway standards per the Town of Surf City's Standard Specifications and Standard Details.

   D.   Residential developments adjacent to planned/existing public greenways shall provide one (1) or more dedicated public greenway connection(s) from a public sidewalk/public multi-use path within the development to the planned/existing public greenway shown on the adopted Surf City Multi-Use Path Map; such greenway connections may be credited against the requirements of Section. 7.1 provided that these greenway connections meet the standards of this ordinance.

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

   A.   General.

      1.   Intent. The intent of this ordinance is to provide preserve and protect existing trees and natural vegetation throughout the Town of Surf City.

      2.   Applicability.

         a.   The requirements of this section shall apply to all zoning districts. Where a greater standard by the Coastal Forest Overlay District exceeds standards herein, the greater or stricter standard shall apply.

         b.   Unless specifically exempt, all existing and proposed development for which a preliminary plat or site plan approval is required (see Section 3) shall meet the preservation requirements of this section.

         c.   Modification of Standards. On a case-by-case basis, the Administrator may approve alternative planting materials or substitutions to the requirements of this section when new plantings would not be practical due to overhead utilities, environmental features, or adequate existing vegetation. Such substitutions must still meet the intent of this ordinance.

         d.   Emergencies. In the case of emergencies such as windstorms, ice storms, fire, or other disasters, the requirements of this ordinance may be waived by the Town during the emergency period so that the requirements of this ordinance will in no way hamper private or public work to restore order in the Town. This shall not be interpreted to be a general waiver of the intent of this ordinance.

         e.   Exemptions.

            (1)   Lots Less Than One-Half (1/2) Acre. Any lot less than one (1/2) acre prior to subdivision shall be exempt from the tree protection provisions of this chapter.

            (2)   Timbering and Silviculture. Normal forestry activity on forestland that is taxed on the basis of its present use value as forestland under G.S. Chapter 105, Article 12 or that is conducted in accordance with a forest management plan that is prepared or approved by a forester registered in accordance with G.S. Chapter 89B shall be exempt from the tree protection provisions of this Chapter.

               (a)   Timbering and forestry practices shall not be used to circumvent the requirements of this Chapter.

               (b)   Clear cutting of a site in a manner not consistent with the requirements of Section 7.3, is prohibited.

               (c)   If one of the forestry exemptions in subsection b. above, is used to remove all or some of the trees that would have been protected by this section, no application for development shall be accepted for improvement of the land for a period of three (3) years after completion of the forestry activity, pursuant to G.S. 160D-921(c)(1)(a).

               (d)   If one of the forestry exemptions in subsection b. above, is not met and some or all of the trees that would have been protected by this section are willfully removed, no application for development shall be accepted for improvement of the land for a period of up to five (5) years after completion of the forestry activity or site clearing and/or grading, pursuant to G.S. 160D-921(c)(1)(b).

               (e)   In the event an application is submitted for an exempted development, cleared, but then converted to a development subject to the requirements of this Chapter, approval of the converted application shall be delayed for a period of up to five (5) years after the completion of the forestry activity or site clearing and/or grading, pursuant to G.S. 160D-921(c)(1)(b).

      3.   Compliance with Landscaping Standards Required. All preservation, replacement, and mitigation shall be in compliance with the landscaping standards of Section 7.4.

   B.   Preservation Standards.

      1.   Design Considerations.

         a.   When designing any site, careful consideration shall be taken regarding the preservation and long-term survival of environmental resources, specifically existing trees. Sites should be designed with the intention of preserving significant trees and utilizing them as existing vegetation to meet the landscape requirements of this Chapter. Significant trees, those healthy and larger than 12" DBH, are an invaluable resource to the community as they provide significantly more benefits related to air quality, water quality, erosion prevention, etc. than newly planted trees. When designating trees to be preserved, the applicant shall incorporate as many significant trees as possible into a contiguous canopy, understanding that wherever possible, all healthy trees over 24" should be preserved and approval will be required for their removal.

         b.   Understanding that construction and the removal of trees can easily damage trees that are slated to remain, the location of tree protection zones should be considered when designing the site.

         c.   The design of new landscaping should evenly place vegetation throughout the landscaped area but may be staggered or clustered as necessary to maximize visual and screening objectives, and to meet the needs of the particular species of plants for root space, water, light, and air circulation.

         d.   When designing roadways and lot placement, consideration should be given to the location of street trees. If they are to be located within the public right-of-way, potential conflicts with on-street parking, utilities, streetlights, sidewalks, driveways and intersections, and bicycle facilities, should be avoided.

      2.   Tree Survey Required.

         a.   A significant tree survey shall be required for all sites over ½ acre to be developed where a landscape plan is also required. The significant tree survey shall show the general location, species, and size of any tree deemed significant by the Town.

         b.   For tracts of land exceeding five (5) acres in size, a generalized sample survey may be performed in lieu of significant tree survey. All generalized surveys of tracts exceeding five (5) acres are required to show a minimum 1-acre sample size that includes the general location, species, and size of any tree deemed significant by the town.

      3.   Significant Trees. Significant Trees, as identified by the Town are as follows:

         a.   A live oak (Quercus virginiana) with a trunk caliper measurement of 6" or greater when measured at 4.5 feet above the ground (or 6" dbh, diameter at breast height).

         b.   Any live oak that was planted under a previously approved significant tree mitigation plan under this ordinance, regardless of its size.

         c.   Any of the following healthy trees with an 18" dbh or greater:

            (1)   Willow Oak (Quercus phellos).

            (2)   River Birch (Betula nigra).

            (3)   Red Maple (Acer rubrum).

            (4)   Southern Magnolia (Magnolia grandiflora).

         d.   Any of the following healthy shrubs at a height of 10' or 5' in width or greater:

            (1)   Wax Myrtle (Myrica cerifera).

      4.   Existing Vegetation. The use of existing trees or shrubs to satisfy the landscaping requirements of this Chapter is strongly encouraged. Existing significant vegetation within a landscaped area required by this Chapter (such as a buffer) or significant vegetation over 24" DBH located anywhere on the site shall be preserved unless otherwise approved by the Town of Surf City at the time of land development approval and shall be credited toward the applicable standard.

      5.   Design Incentives for Preservation of Significant Trees.

         a.   Where existing vegetation is preserved in an area where landscaping is otherwise required, the applicant shall receive credit against the requirements of this ordinance (eg. landscaping in parking lots, buffer plantings, etc.)

         b.   Where significant trees are designated on the plans for a development application to be preserved in areas outside a Resource Conservation Area (RCA), the Administrator may review and approve an administrative adjustment for the following:

            (1)   Open space. Where open space is required and a significant tree is slated for preservation in an area not already required for landscaping or preservation (eg. perimeter buffer), the calculated area of critical root zone (CRZ) may be multiplied by two and deducted from the open space required by the Chapter.

            (2)   Setbacks. Reduction of the front (except for ocean-front lots), side, and rear setback requirements up to 30% on any given lot or lots (should the CRZ span more than one lot) where a significant tree is to be preserved. Any significant tree and its CRZ shall be placed in a landscape easement, accessible to the HOA, the Town, or other entity for maintenance. Parking dimensional requirements must still be met, regardless of setback reductions.

             (3)   Parking Spaces. A reduction of the required number of parking spaces as outlined in Section 7.6 may be reduced by no more than 15% provided that the preserved tree(s) has no more than 20% of its critical root zone encroached for the provision of sidewalk, parking, drive aisles, or other pedestrian facilities.

            (4)   Buffers. The Administrator may allow for a variable width buffer to accommodate a wider buffer width for the significant tree and its critical root zone and a smaller width where only shrubs are provided.

      6.   Mitigation.

         a.   All significant trees, as defined by this ordinance, that are proposed to be removed as part of a new development shall be replaced at the following ratios with the identical tree type having a minimum trunk measurement of 2" DBH and a minimum height of eight feet (8'):

            (1)   Trees 6" - 23" DBH shall be replaced at a two to one (2:1) ratio (2 trees for every one removed).

            (2)   Trees greater than 24" DBH shall be replaced at a three to one (3:1) ratio (3 trees for every one removed).

         b.   Where trees cannot be mitigated on site, the applicant shall work with the Town to determine an alternative location where a portion of the mitigated trees may be planted or the payment of a fee-in-lieu, in the amount as listed on the Town's fee schedule.

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

   A.   General.

      1.   Intent.

         a.   The intent of this ordinance is to provide landscape requirements that protect existing trees and natural vegetation as well as manage the installation and long-term maintenance of all landscaping of the Town of Surf City. The landscape requirements in this ordinance are designed to minimize the visual impacts from adjacent properties as well as protect against the transmission of noise, dust, odor, litter, and glare of lights. Landscape requirements help to provide a sense of space and create a sense of privacy. The use of new and existing landscaping will enhance the appearance of new developments and help this development blend in with the natural environment.

         b.   Landscaping includes not only trees, shrubs, grass, and ground cover, but open paving stones, benches, fountains, and exterior lighting fixtures. All non-vegetative landscaping must be incidental to the overall landscaping plan.

         c.   When possible existing vegetation shall be used. Preservation of existing vegetation is the intent of this ordinance.

      2.   Applicability.

         a.   The requirements of this section shall apply to all zoning districts.

         b.   All existing and proposed development for which a preliminary plat or site plan approval is required (see Section 3) shall meet the landscape related provisions of this Section, including but not limited to site landscaping, buffers, screening, parking area plantings, etc.

         c.   Buildings and structures lawfully existing as of the effective date of this chapter may be redeveloped, renovated or repaired without providing or modifying landscaping, screening, and buffering in conformance with this section, provided there is no increase in gross floor area in such building or structure or impervious area on the site. However, a change of use or expansion of existing heated square footage of an existing building and expansion and/or paving of parking and loading areas also shall require compliance with this Section.

         d.   Modification of Standards.

            (1)   Where necessary to accommodate creativity in site design, or where topographic or physical site conditions are not feasible, the Administrator may modify these requirements, provided that the type and amount of landscaping or other features are equivalent in effectiveness.

            (2)   On a case-by-case basis, the Administrator may approve alternative planting materials or substitutions to the requirements of this section when new plantings would not be practical due to overhead utilities, environmental features, or adequate existing vegetation. Such substitutions must still meet the intent of this ordinance.

         e.   Emergencies. In the case of emergencies such as windstorms, ice storms, fire, or other disasters, the requirements of this ordinance may be waived by the Town during the emergency period so that the requirements of this ordinance will in no way hamper private or public work to restore order in the Town. This shall not be interpreted to be a general waiver of the intent of this ordinance.

      3.   Landscape Plan Required.

         a.   A landscape plan shall be submitted in conjunction with a required preliminary plat and site plan (see Section 3).

         b.   A registered Landscape Architect shall prepare all landscape plans, except where expressly exempted by the Administrator. The landscape plan shall adequately detail the requirements of this section.

      4.   Standards for New Planting. In general, new plant material should complement existing vegetation native to the site. The use of salt-tolerant, indigenous, native and/or regionally grown species of trees, shrubs, and groundcover is encouraged in order to make planted areas compatible with existing native habitats and to reduce dependency on irrigation.

         a.   Minimum Size. Landscaping should be of sufficient size so that mature appearance will be achieved within three (3) years of installation for shrubs and within five (5) years of installation for trees. Where the following minimum size requirements overlap, the higher standard shall prevail:

            (1)   Evergreen trees of any classification shall not be less than eight (8) feet in height with a minimum two (2) inch caliper.

            (2)   Multi-stemmed trees of any classification shall have at least three (3) stalks and not be less than eight (8) feet in height.

            (3)   Canopy trees shall not be less than eight (8) feet in height with a minimum two (2) inch caliper.

            (4)   Understory trees shall be a minimum of one and a quarter (1¼) inch caliper and have a minimum height of six (6) feet.

            (5)   Shrubs shall be at least three (3) gallons in container size, have a minimum height of twenty-four (24) inches and have a minimum spread of twelve (12) to fifteen (15) inches.

            (6)   Groundcovers shall be a minimum of one-and-a-half (1½) to two-and-a-half (2½) inch pots with a minimum spread of four (4) inches.

         b.   All landscaping required by this ordinance is included in Attachment 1, Recommended Planting Table, in order to maintain native species tolerant to coastal conditions.

         c.   (1)   Residential Tree Canopy location and required usage: All residential properties. This type functions to maintain and/or replenish the tree canopy in areas of new residential development. Each lot shall provide canopy trees in accordance with the following schedule:

 

 

            (2)   The use of existing vegetation to satisfy this requirement is encouraged. Existing canopy trees over six (6) inches in caliper may be counted towards fulfilling this requirement. Required street trees may not be used to fulfill this requirement. All trees required under this section shall be planted within the private lot.

      5.   Plantings in Easements and Site Triangles.

         a.   No new plantings shall be located within an existing utility, drainage, or access easement, unless utilized in stormwater facilities or functioning as street trees.

         b.   Any vegetation planted within an easement shall have the expressed written consent of the easement holder.

         c.   A minimum sight triangle shall be maintained at all driveways and street intersections. Within the sight triangle, no plant material shall interfere with an individual's vehicle sight line. No plant material shall exceed thirty (30) inches in height at maturity; trees shall be trimmed so that branches are at least seven (7) feet above curb level.

         d.   Where landscaping to meet the requirements of this ordinance must be placed on an individually subdivided residential lot, it must be placed inside a required landscape easement to ensure perpetuity, access for maintenance, and replacement, as necessary.

      6.   Tree Protection During Construction.

         a.   Existing trees specified on the landscape plan to remain on the site as a function of fulfilling the purpose of this section shall be protected from vehicular movement and material storage over their root spaces during construction.

         b.   The Critical Root Zone (CRZ) of the preserved trees shall be identified and protected through the placement of tree protection fencing. The Critical Root Zone is the circular area of ground surrounding a tree extending from the center of the tree to the greater of:

            (1)   One and one half (1.5) feet per caliper inch dbh (diameter at breast height) of the tree;

            (2)   The dripline (furthest extent of the canopy) of the tree; or

            (3)   Six (6) feet

         c.   All existing trees and vegetation that are to be preserved shall be completely enclosed with a sturdy and visible fence prior to any land disturbance. Fencing shall extend to the CRZ. In some instances, the Administrator may require an additional area of no disturbance.

         d.   Protective fencing should consist of two by four-inch posts with one by four-inch rails, orange safety fence, or a similar treatment and shall remain in place until construction activities are complete.

          e.   All protected trees must be protected from silt with wire mesh fencing, placed along the outer uphill edge of the tree protection zones at the land disturbance interface.

         f.   There shall be no clearing, excavation, soil compaction, storage of equipment, or changes of the existing grade within the delineated tree protection zones. Should the removal of underbrush vegetation take place, every effort should be made to minimize the disturbance.

      7.   Landscape Maintenance.

         a.   To encourage the continuance of landscape areas, the owner(s) shall be jointly and severally responsible for the continued proper maintenance of landscaped areas. The owner(s) shall be notified in writing by the Administrator of any areas that are not being properly maintained and the owner(s) shall, within fifteen (15) calendar days from the time of notification, restore the landscaped area(s) to a satisfactory condition.

         b.   If any other reference to landscaping is made within this ordinance, which is in conflict with this section of the ordinance, it shall be the responsibility of the owner to follow the stricter of the regulations.

   B.   Perimeter Buffers. A perimeter buffer is a specified land area, together with the planting and landscaping required on the land to provide a visual and physical separation between incompatible uses. A buffer may also contain, a barrier such as a berm or wall where such additional screening is necessary to achieve the desired level of buffering and opacity between various land use activities. In all cases, existing, healthy vegetation is preferred and will be credited toward required planting of this section.

      1.   Perimeter Buffer Location. Buffers shall be located along the perimeter of a lot, parallel to and extending the length of the property line, as existing conditions allow. Buffers may be located within required setbacks. Where existing easements, changes in grade, and other constraints prohibit the placement of a buffer immediately adjacent to the property line, the Administer may approve an alternative location meeting the intent and buffering opacities of this ordinance.

      2.   Uses Allowed Within Required Perimeter Buffers.

         a.   Ingress and egress to a site, including utility infrastructure, may cross required buffers, provided these crossings are perpendicular to the buffer.

         b.   Recreational uses such as pedestrian paths, greenway trails, and other pedestrian transportation infrastructure, provided there is ample room for the required plantings to be installed and grow.

         c.   Site signage.

         d.   Berms, walls, fences, and other screening devices.

         e.   Other activities deemed appropriate within required buffers as approved by the Administrator.

      3.   Perimeter Buffer Requirements. The following table shall be used to determine the required buffer between adjacent uses.

 

      4.   Buffer Classifications. The following tables and graphics establish the specific width and plant material per 100 linear feet for each buffer classification.

 

 

 

 

 

   C.   Street Trees.

      1.   Street trees shall be required along all collector streets, local streets, and cul-de-sac streets at the rate of one (1) canopy tree for every forty (40) linear feet.

      2.   Only when the planting of canopy trees is not practical due to the location of utilities, one (1) understory tree for every thirty (30) linear feet of planting area, may be substituted.

      3.   All street trees shall be a minimum of two and one half (2½) caliper inches at time of planting.

      4.   Street trees shall be planted outside of the right-of-way and on the subject property. They shall be planted no less than five (5) feet or more than fifteen (15) feet from the back of the sidewalk unless otherwise determined appropriate by the landscape plan preparer and Administrator. All trees planted outside the right-of-way shall be placed within a minimum ten foot (10') wide landscape easement.

      5.   Street tree varieties shall be chosen from the plant list included in Attachment 1, Recommended Planting Table, of this ordinance. Substitutions are subject to review and approval by the Administrator.

      6.   Street trees are to be maintained and replaced as needed by the property owner. Street trees on private lots in residential subdivisions should be placed in a minimum ten (10) foot landscape easement for maintenance access.

      7.   Conflict with Street Lighting: Street trees shall be located and planted so as not to diminish the effectiveness of required street lighting.

   D.   Parking Area Landscaping.

      1.   General. Landscaping in parking lots is required to mitigate the effects of pervious surfaces and reduce the heat and runoff associated with vehicular use areas. Perimeter plantings shall be required to reduce off-site glare of headlights and islands shall be provided to prevent excessively long runs of parking spaces. Landscape islands shall have adequate control measures to ensure the longevity of plantings within them.

      2.   Applicability.

         a.   The following regulations shall apply to all pervious parking areas of five (5) or more parking spaces.

         b.   The parking area landscape regulations of this subsection shall not be applicable to single-family detached dwellings.

      3.   Perimeter Plantings.

         a.   The perimeter of all parking areas and other vehicular use areas with frontage on any portion of an existing public right-of-way or adjacent to a credential use shall be screened by a berm, a continuous landscaped hedge, or any combination thereof to form an opaque screen.

         b.   A minimum of 75% of the vegetation shall be evergreen.

         c.   At the time of installation, such screening shall be at least thirty (30) inches in height. Any vegetative screen shall reach a minimum height of thirty-six (36) inches within two (2) years of planting.

         d.   There is no specified width for a parking buffer, provided as the opacity is provided and enough planting area is provided for the vegetation to thrive. A minimum width of 5' is required for shrubs alone. Where trees are provided, an 8' width is required.

         e.   No such buffer shall be required along an alley.

         f.   Breaks in the vegetative buffer may occur only in areas of vehicular and pedestrian walkways or driveways.

      4.   Landscape Islands.

         a.   All parking spaces shall be within sixty (60) feet from the base of a canopy tree.

         b.   Parking rows shall not extend more than one hundred (100) feet without a break by a landscape island.

         c.   Single row parking.

            (1)   Each single row terminal landscape island shall include a minimum pervious area of two hundred and twenty-five (225) square feet.

            (2)   Single landscape island planting requirements include one (1) canopy tree and three (3), eighteen-inch (18") tall screening shrubs of an evergreen species.

         d.   Double row parking.

            (1)   Each double row terminal landscape island shall include a minimum pervious area of four hundred and fifty (450) square feet with a minimum width of twelve (12) feet.

            (2)   Double landscape island planting requirements include (2) canopy trees and two (2) eighteen-inch (18") tall screening shrubs of an evergreen species that shall extend the entire perimeter of the landscape island, or as limited by site distances.

   E.   Screening.

      1.   Mechanical Equipment.

         a.   All roof, ground and wall mounted mechanical equipment (e.g., air handling equipment, compressors, duct work, transformers, and elevator equipment) shall be screened from view from residential properties or public rights-of-way at ground level of the property line.

         b.   Roof-mounted mechanical equipment shall be shielded from view on all sides. Screening shall consist of materials consistent with the primary building materials and may include metal screening or louvers which are painted to blend with the primary structure.

         c.   Wall or ground-mounted equipment screening shall be constructed of:

            (1)   Planting screens; or

            (2)   Brick, stone, reinforced concrete, or other similar masonry materials; or

            (3)   Redwood, cedar, preservative pressure treated wood, or other similar materials.

      2.   Utilities. Above-ground utilities and appurtenances to underground utilities which require above-ground installation shall be screened by a continuous planting of shrubs, with a minimum mature height equal to that of the utility structure. Required access ways to these utilities are exempt from the screening provisions.

      3.   Drive-Thru Facilities. Drive-thru windows and lanes shall be designed to adhere to the following standards:

         a.   Drive-thru windows and lanes placed between the right-of-way and the associated building shall require landscape plantings installed and maintained along the entire length of the drive-thru lane, located between the drive-thru lane and the adjacent right-of-way.

         b.   Such screening shall be a compact evergreen hedge or other type of dense foliage. At the time of installation, such screening shall be at least thirty-six (36) inches in height and shall reach a height of forty-eight (48) inches within two (2) years of planting.

         c.   No drive-thru window shall be permitted on the side of a building adjacent to any residential district.

      4.   Service Areas.

         a.   Trash collection, trash compaction, recycling collection and other similar service areas shall be located on the side or rear of the building and shall be effectively screened from view from residential properties or public rights-of-way.

         b.   Screening enclosures shall be fully enclosed by opaque walls or fences at least eight (8) feet high with self-closing access doors and shall be constructed of the same materials as the primary building.

         c.   All service areas shall be limited to the area shown on an approved site plan.

         d.   All service areas shall be located a minimum of fifty (50) feet away from any residentially zoned property line unless otherwise approved by the Administrator.

      5.   Loading Areas. Loading areas shall be subject to the following screening requirements:

         a.   Provide a minimum one hundred (100) percent year-round screen of all loading areas visible from residential properties or public rights-of-way.

         b.   This screen shall consist of berms, walls, fences, plant material or combination totaling eight (8) feet in height at installation or completion of construction. Wall or fence materials shall be compatible with the primary structure.

         c.   Loading docks not in an industrial district shall be located at the side or rear of buildings a minimum of fifty (50) feet away from any residentially zoned property unless the loading area is wholly within a closed building.

   F.   Fencing and Walls.

      1.   A fence or wall not more than six (6) feet in height may be installed along any side and rear lot line. A fence or wall in any required front yard shall not exceed four (4) feet in height, shall be setback a minimum of five (5) feet from existing or proposed roadways, and shall not interfere with required site distance triangles.

      2.   Fences and walls shall be constructed of high-quality materials. Walls shall be constructed of decorative blocks, brick, or stone and fences of treated wood, aluminum, and wrought iron.

      3.   Chain link fence is only permitted subject to the following additional requirements:

         a.   Chain link fencing is not permitted for any buffering and screening required by this code.

         b.   Black or green vinyl coated fencing may be used for recreational uses including, but not limited to parks, amenity centers, playgrounds, swimming pools, tennis courts and basketball courts.

         c.   Non-residential uses. Chain link fencing is permitted for the accessory enclosures of day care facilities, kennels, or veterinary clinics. Chain link fencing is permitted for industrial uses.

         d.   Public Utilities. Chain link fencing is permitted for public utility purposes. Vinyl coating is not required for industrial fences when it is not visible from adjacent property or right-of-way.

         e.   The Administrator or designee may authorize the use of chain link fencing for uses not listed above if the use of such material is consistent with and will not impact the aesthetic appearance of the surrounding area.

      4.   Breaks in the fence or wall may be provided for pedestrian connections to adjacent developments.

      5.   The maximum length of a continuous, unbroken, and uninterrupted fence or wall plane shall be one hundred (100) feet. Breaks shall be provided using columns, landscaped areas, transparent sections, and changes in material.

      6.   Fences topped with razor, concertina, or barbed wire are limited to properties designated for industrial or utility use. The material may be used for security at commercial uses subject to Technical Review Committee approval. In no case should the material be used below a point of five (5) feet from ground level, or visible from public streets or adjacent residential areas.

(Ord. No. 2024-15, 11-5-24; Ord. No. 2025-11, 4-1-25)

   A.   Intent. The intent of this section is to provide direction in controlling light spillage and glare so as not to adversely affect motorists, pedestrians, adjacent properties and the extremely sensitive turtle population. Lighting intensities should be controlled to assure that excessive lighting and glare are not directed at adjacent properties, neighboring areas, motorists as well as the beachfront and/or sound front.

   B.   Applicability.

      1.   Unless specifically exempt, all existing and proposed developments for which site plan approval is required shall meet the provisions of this section.

      2.   Lighting installed prior to the adoption of this ordinance is exempt from the regulations within this section unless:

         a.   Lighting found by a government agency to create a public hazard can be ordered removed or altered at any time.

         b.   Any lighting damaged by more than fifty percent (50%) of its value shall be made to comply with this ordinance.

         c.   Upon installation of any new lighting, this ordinance shall fully apply. An inventory of existing lighting submitted by the applicant will be required when the application for installing new lighting is made.

   C.   Outdoor Lighting Standards.

      1.   All proposed outdoor lighting shall be maintained in a proper working condition and oriented to be downward casting while utilizing shielding to prevent light from projecting onto adjoining properties.

      2.   The maximum fixture height shall be thirty (30) feet for full cutoff fixtures and twenty (20) feet for non-cutoff fixtures (including residential).

      3.   All outdoor lighting shall be designed and located such that the maximum illumination measured in foot candles at the property line shall not exceed three-tenths (.3) for non-cutoff lights and one and one-half (1.5) for cutoff lights.

      4.   All site plans submitted for review must have a lighting plan showing foot-candles on site as well as fixture type, fixture height and fixture location.

      5.   All illuminated signs must be lit internally or lit by top-mounted lights pointed downward, including billboards.

      6.   Commercial and residential lighting shall not shine into vehicular travel lanes.

      7.   Any commercial lighting to face the beachfront shall be approved by the Administrator. No light shall project directly at the beachfront (including residential).

      8.   Outdoor lighting shall be minimized after the close of business. Only lights for security, parking areas and walkways shall be left on. Reduced lighting is encouraged after midnight for all lighting sources on-site.

   D.   Prohibited Lighting.

      1.   Neon lights on the exterior of a building.

      2.   Neon lights on the exterior of a sign.

      3.   Flashing, blinking or rotating lights.

   E.   Exempt Lighting. Active recreation areas, because of their unique requirements for nighttime visibility and limited hours of operation (i.e. the lighting of ball fields and tennis courts) are not considered in this chapter. However, lighting fixtures for such uses shall be mounted and aimed so that the illumination falls within the primary playing area and immediate surrounds and so that no direct light illumination is directed off site. Under all circumstances, lighting used for active recreational purposes shall not go beyond 11:00 p.m.

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

   A.   Intent. The Intent of this section is to provide off-street parking standards that will alleviate congestion in the streets and allow for the efficient storage of motor vehicles while, concurrently, reducing any adverse environmental impacts to the urban area. By reducing glare, noise levels and air pollution to occupants and residents of adjoining properties, and by controlling storm water drainage and soil erosion, these standards will generally contribute to the public health, safety and general welfare of the citizenry and will create a more aesthetically pleasing environment in the Town of Surf City.

   B.   Plan Required.

      1.   Prior to any work being done or any building or driveway permit being issued, all off-street parking facilities of five (5) or more spaces, and/or twenty-five hundred (2,500) square feet constructed, reconstructed, revised, or enlarged shall have a plan reviewed by the Administrator for compliance with Town Ordinances and compliance with General Statutes.

      2.   The plan shall show the number, size and location of spaces; arrangements of circulation aisles; locations of driveways; provisions for vehicular and pedestrian circulation; locations of sidewalks and curbs on or adjacent to the facility; barriers or wheel stops; interior, perimeter and street side landscaping; locations, legend and details of signs; lighting standards; typical cross-section of pavement; storm drainage facilities; and other pertinent information necessary to indicate compliance with this section.

   C.   Parking Table. Off-street parking spaces shall be provided with the specified amounts for each use listed below. Uses not specifically listed shall be reviewed by the Administrator for a determination of the required number of spaces. Buildings with multiple uses shall calculate parking based on the square footage of each use in the building.

 

   D.   Parking Maximums. If a maximum number of spaces is not listed, the maximum allowable parking spaces shall be one hundred and ten (110%) percent of the minimum parking standards for such parking group. Provided parking in excess of the maximum may exceed no more than one hundred twenty-five (125%) percent, so long as the additional spaces are constructed with permeable material as outlined in Part C-5, Permeable Pavement, of the North Carolina Department of Environmental Quality Stormwater Design Manual.

   E.   Bicycle Parking.

      1.   Residential subdivisions shall require bicycle parking at a rate of one-half (0.5) bicycle parking spaces per dwelling unit. Bicycle parking spaces shall be centrally located within provided open spaces to the extent possible.

      2.   Multi-family residential uses shall provide bicycle parking at a rate of one (1) bicycle parking space for every twenty (20) motorized vehicle spaces; however, no more than twenty (20) total bicycle parking spaces shall be required for any single development.

      3.   Nonresidential uses with off-street parking for motorized vehicles of at least fifteen (15) spaces and not more than forty (40) spaces shall provide a minimum of two (2) bicycle parking spaces.

      4.     Nonresidential uses with off-street parking for motorized vehicles of more than forty (40) spaces shall provide bicycle parking at a rate of one (1) bicycle parking space for every ten (10) motorized vehicle spaces; however, no more than twenty (20) total parking spaces shall be required for any single development.

   F.    Off-Street Parking Design.

      1.    All parking five (5) spaces or greater shall be paved in accordance with NCDOT base course and pavement surface standards as prescribed by the "Secondary Road Manual" or alternate parking and driving surfaces as listed in Section 7.4.D.

      2.   All parking and loading facilities shall be constructed so that all maneuvering will take place entirely within the property lines of the subject property.

      3.   Each parking space shall be a minimum of nine (9) feet by twenty (20) feet with a minimum drive aisle of twenty-four (24) feet to accommodate two-way traffic. Where one-way traffic is proposed and the angle of the parking stalls is forty-five degrees (45) or less, the aisle may be reduced to no less than sixteen (16) feet.

      4.   Parking spaces larger than nine (9) feet by twenty (20) feet are permitted provided that the minimum parking requirements outlined in this section are met.

      5.   Required accessible spaces shall be provided in accordance with the requirements of the North Carolina Building Code and the Americans with Disabilities Act.

      6.   Alternate parking and driving surfaces may be considered for required off-street parking. These surfaces should prevent the runoff of stormwater by utilizing permeable or pervious construction methods. The surface composition should include construction methods similar to those accepted by NCDEQ that do not increase the Built Upon Area (BUA) of the project. A surface composed of only #57 stone on geo-textile fabric shall not be allowed, except for properties located in the Coastal Forest Overlay District.

   G.   Driveways.

      1.   The maximum width of a non-residential driveway is twenty-four (24) feet with a minimum twelve (12) feet for one-way entrances and exits.

      2.   On state-maintained roadways, widths shall be determined by the North Carolina Department of Transportation.

   H.   Off-Street Stacking Requirements.

      1.   The following vehicle stacking standards shall apply unless otherwise expressly approved by the Administrator. The Administrator may require additional stacking spaces where trip generation estimates suggest additional spaces will be necessary to serve a development.

      2.   Minimum Number of Stacking Spaces.

 

      3.   Design and Layout.

         a.   Dimensions.

            (1)   Stacking spaces shall be a minimum of nine (9) feet by twenty (20) feet in size.

            (2)   Self Service Ice Machines stacking spaces shall be a minimum of 12 (twelve) feet by forty-five (45) feet in size to accommodate vehicles towing watercrafts.

         b.   Location. Stacking spaces shall not impede on- or off-site traffic movements or movements into or out of off-street parking spaces.

         c.   Design. Stacking spaces shall be separated from other internal driveways by raised medians if deemed necessary by the Administrator for traffic movement and safety.

   I.   Off-Street Loading Requirements.

      1.   Purpose. In order to assure a proper and uniform development of off-street loading areas and to relieve traffic congestion in the streets, the off-street loading requirements set forth in this section shall apply in the commercial and industrial districts.

      2.   Minimum Off-Street Loading Space Requirements. The following minimum loading space requirements shall apply for the appropriate use:

 

      3.   Design of Loading Spaces.

         a.   Off-street loading spaces shall be designed and constructed so that all maneuvering to park vehicles for loading and unloading can take place entirely within the property lines of the premises. Loading spaces must be designed so not to interfere with the normal movement of vehicles and pedestrians on public rights-of-way. Off-street loading areas shall be required in the side or rear yard and shall be screened from any adjacent right-of-way.

         b.   No area allocated to loading and unloading facilities may be used to satisfy the area requirements for off-street parking, nor shall any portion of any off-street parking area be used to satisfy the area requirements for loading and unloading facilities.

         c.   Each loading berth shall have a paved surface and be a minimum of twelve (12) feet in width and thirty-five (35) feet in length. Each such berth shall also have a minimum vertical clearance of fourteen (14) feet. For any use which is required to furnish three (3) or more loading berths, at least one (1) of every three (3) berths shall have a minimum width of twelve (12) feet, minimum length of sixty-five (65) feet and a minimum vertical clearance of fourteen (14) feet.

         d.   Hours of loading and unloading operation adjacent to ground floor residential uses shall be limited between the hours of 6:30 a.m. and 10:00 p.m. Loading docks shall be signed to indicate "no idling."

   J.   Alternative Parking Plan (APP).

      1.   General. The Planning Board may recommend, and the Town Council approve, the modification of the parking requirements of this section where applicant-submitted parking data, prepared and sealed by a registered engineer in the State of North Carolina with transportation expertise, illustrates that the standards of this section do not accurately apply to a specific development. The data submitted for an alternative parking plan shall include, at a minimum, the size and type of the proposed development, the mix of uses, the anticipated rate of parking turnover and the anticipated peak parking and traffic loads of all uses.

      2.   Alternative Options Available. If approved by the Town or NCDOT, the following methods may be used to alternatively provide for reduced parking.

         a.   On-Street Parking. On-street parking spaces located immediately abutting the subject parcel, entirely within the extension of the side lot lines into the roadway, and not within any required clear sight triangle may be counted toward meeting off-street parking requirements.

         b.   Off-Site Parking. Required off-street parking spaces may be located on a separate lot from the lot on which the principal use is located if the off-site parking complies with all of the following standards.

            (1)   Ineligible Activities. Off-site parking may not be used to satisfy the off-street parking requirements for residential uses (except for guest parking), as well as convenience stores or other convenience-oriented uses. Required parking spaces reserved for persons with disabilities may not be located off-site.

            (2)   Location. Off-site parking spaces shall be located within seven hundred fifty (750) feet from the primary entrance of the use served unless shuttle bus service is provided to the remote parking area. Off-site parking may not be separated from the use that it serves by a street right-of-way with a width of more than sixty (60) feet unless a grade-separated pedestrian walkway is provided, or other traffic control or shuttle bus service is provided to the off-site parking area.

            (3)   Zoning Classification. Off-site parking areas serving uses located in nonresidential districts shall be located in nonresidential districts. Off-site parking areas serving uses located in residential districts may be located in residential or nonresidential districts.

            (4)   Agreement.

               (a)   If an off-site parking area is not under the same ownership as the principal use served, a written agreement between the recorded property owners shall be required.

               (b)   An off-site parking agreement may be rescinded only if all required off-street parking spaces will be provided in accordance with this section.

         c.   Shared Parking.

            (1)   Ineligible Activities. Shared parking may not be used to satisfy the off-street parking standards for upper-story residential uses. Required parking spaces reserved for persons with disabilities may not be located off-site.

            (2)   Location. Shared parking spaces shall be located within seven hundred fifty (750) feet of the primary entrance of all uses served unless shuttle bus service is provided to the parking area.

            (3)   Zoning Classification. Shared parking areas serving uses located in nonresidential districts shall be located in nonresidential districts. Shared parking areas serving uses located in residential districts may be located in residential or nonresidential districts. Shared parking areas shall require the same or a more intensive zoning classification than that required for the most intensive of the uses served by the shared parking area.

            (4)   Shared Parking Study. Applicants wishing to use shared parking as a means of satisfying off-street parking requirements shall submit a shared parking analysis to the Administrator, as part of the Alternative Parking Plan, that clearly demonstrates the feasibility of shared parking. The study shall be provided in a form established by the Administrator and made available to the public. It shall address, at minimum, the size and type of the proposed development, the composition of tenants, the anticipated rate of parking turnover and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces.

            (5)   Agreement.

               (a)   Shared parking arrangements shall be a formal legal instrument and be provided to the Administrator or designee at time of rezoning and/or plan approval.

               (b)   A shared parking agreement may be rescinded only if all required off-street parking spaces are provided in accordance with this section.

         d.   Valet Parking. Valet parking may be utilized as a means of satisfying otherwise applicable off-street parking requirements where all of the following standards have been met:

            (1)   Adequate assurance of the continued operation of the valet parking is provided, such as a contractual agreement for valet services or the tenant's affidavit agreeing to provide such services;

            (2)   An equivalent number of valet spaces are available to replace the required parking spaces. Such valet spaces do not require individual striping, and may take into account the tandem or mass parking of vehicles. All valet parking areas visible from the public right-of-way shall meet the requirements of Section 7.4;

            (3)   Valet parking drop-off locations shall meet the requirements loading space requirements; and

            (4)   The design of the valet parking shall not cause customers who do not use the valet service to park off-premises or cause queuing in the right-of-way.

         e.   Site Design Changes. The minimum amount of motor vehicle parking can be reduced using the following methods, individually or in combination, for an overall maximum reduction of twenty-five percent (25%).

            (1)   Additional Bike Parking. A maximum of five percent (5%) reduction is permitted if an additional six (6) bicycle parking spaces are provided for each motor vehicle parking space reduced.

            (2)   Additional Tree Coverage. A maximum of twenty percent (20%) reduction is permitted if the following additional tree coverage is provided per one (1) parking space:

               (a)   An additional canopy tree is preserved and protected; or

               (b)   One (1) canopy tree and two (2) understory trees are planted;

               (c)   The following shall also apply:

                  (i)   An appropriate species per the Landscape Plant List shall be used for planting.

                  (ii)   A minimum dbh of six (6) inches shall qualify as a preserved tree.

                  (iii)   Root zone protection standards of this Code shall apply.

                  (iv)   The additional planted or protected tree(s) shall not count towards any other Code requirement.

      3.   Recording of Approved Plans. An attested copy of an approved Alternative Parking Plan shall be recorded in the deed records for Pender County on forms made available by the Planning Director. An Alternative Parking Plan may be amended by following the same procedure required for the original approval. The applicant shall provide proof of recording prior to approval of the certificate of occupancy.

      4.   Violations. Violations of an approved Alternative Parking Plan constitute a violation of this chapter and will be subject to the enforcement and penalty provisions of Section 3.28, Enforcement.

(Ord. No. 2024-15, 11-5-24; Ord. No. 2025-06, 3-13-25; Ord. No. 2026-05, 4-7-26)