Surf City City Zoning Code
SECTION 9
0 DEFINITIONS
9.1 Word usage.
For the purpose of this ordinance, certain terms or words used herein shall be interpreted as follows.
A. The present tense includes the future tense and the future tense includes the present tense.
B. The singular number includes the plural number and the plural number includes the singular number.
C. The word "may" is permissive.
D. The words "shall", "must" and "will" are mandatory.
E. The word "county" shall mean the County of Pender, NC or the County of Onslow, NC.
F. The words "zoning board, zoning commission, or planning commission" shall mean the Town of Surf City Planning Board.
G. The words "town council" shall mean Town Council of Surf City, N.C.
H. "Zoning map" shall mean the official Zoning Map of the Town of Surf City, North Carolina.
I. The words "Planning Board" shall refer to the Planning Board of the Town of Surf City, North Carolina.
J. The words "Board of Adjustment" shall refer to the Board of Adjustment of the Town of Surf City, North Carolina.
K. The word "person" or "applicant" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
L. The word "structure" includes the word "building".
M. The words "used" or "occupied" include the words intended, designed, or arranged to be used or occupied.
N. The words "day" or "days" shall refer to calendar days and shall be computed by excluding the first day and including the last day, unless the last day is a Saturday or Sunday or a holiday declared by the United States Congress or the State of North Carolina, in which event it shall also be excluded.
O. Any term not herein defined shall be as defined elsewhere in the Town Code of Ordinances or, if not defined elsewhere in the Town Code of Ordinances, as defined in Webster's New International Dictionary, most recent edition.
P. In case of any difference of meaning or implication between the text of this chapter and any caption, illustration or table, the text shall control.
(Ord. No. 2024-15, 11-5-24)
9.2 Definitions.
Abandon. To cease, either intentionally or unintentionally, from actively using land, structures, or any premises for the intended or previous use, but excluding temporary periods of inactivity due to remodeling, maintaining, or otherwise improving a facility. Abandonment is often referenced to a specified time period. This definition includes "abandonment" and any other tense or version of the word "abandon."
Abutting. See "Adjacent".
Accessory building, structure, or use. A detached building, structure, or use on the same lot with, or of a nature customarily incidental or subordinate to, and of a character related to the principal use or structure (see Section 5.13).
Accessory Dwelling Unit (ADU). A dwelling that exists as part of a principal dwelling or on the same lot as the principal dwelling and is subordinate in size to the principal dwelling (see Section 5.13).
Adjacent. One or more lots or tracts that abut or touch and have a boundary, or portion thereof, which is contiguous to the lot in question. Such determination shall be made by extending the exterior lot lines of the lot in question to adjacent lots and/or adjacent roads, streams, easements, or rights-of-way. The term "adjacent" or "adjacent property" shall also mean "contiguous" or "contiguous property", "abutting" or "abutting property", "adjacent or adjacent property".
Administrator. The appointed person responsible for the administration and enforcement of this ordinance.
Administrative Decision. A decision made in the implementation of development regulations that involve the determination of facts and application of objective standards set forth in G.S. Chapter 160D or within this ordinance. Also referred to as Determinations.
Administrative Modification. A review mechanism that provides relief where the strict application of the ordinance creates practical difficulties in allowing development.
Adult businesses. Any place defined as an "adult establishment" as defined by G.S. 14-202.10, as such statute may be amended from time to time, including adult cabarets, and except the definition of "massage business" shall not include any establishment or business where massage is practiced that is a health club, exercise studio, hospital, physical therapy business or other similar health-related business. Adult-Oriented Business specifically includes, however, any massage business where massages are rendered by any person exhibiting "specified anatomical areas" and/or where massages are performed on any client's "specified anatomical areas." "Specified anatomical areas" are those defined by G.S. 14-202.10. as such statute may be amended from time to time.
Adult establishment. Adult cabarets, adult bookstores, adult mini motion picture theaters, and all other places contained in G.S. 14-202.10.
Agriculture. Characterized by uses that create or preserve areas intended primarily for the raising of animals and crops, conservation, and the secondary industries associated with agricultural production. For purposed of this Code:
Agriculture, silviculture, nursery. The management of any land for the raising of livestock or growing of products for sale and distribution.
Agriculture, Home. 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.
Alley. A traveled way that affords only a secondary means of access to abutting property and is not intended for general traffic circulation.
Alley-Loaded. All residential dwelling unit in which vehicular access shall take place from an alley.
Alteration. Any change, addition, or modification in construction or occupancy of an existing structure proposed by the property owner and/or Applicant.
Apartment. A room or suite of rooms, with toilet and culinary accommodations, used or designed as an independent, self-contained dwelling unit and is located within a building that often contains more than one such rooms or suites for rent.
Approval Authority. The Town Council, Planning Board, Board of Adjustment, or other board or official designated by the General Statutes or this ordinance as being authorized to grant the specific zoning or land use permit or approval that constitutes a site-specific development plan.
Amusement, outdoor. Any business establishment which is primarily engaged in providing an amusement activity such as a miniature golf course, skateboard course, water slide, mechanical ride, par 3 golf course, golf driving range, go cart or motorcycle course, fish ranch, or similar activity to the general public.
Amusement, indoor. Any business establishment which is primarily engaged in providing an amusement activity such as a video arcade, billiard parlor, skating rink or similar activity as a principal use to the general public, but does not include indoor motion picture theaters.
Anchor tenant. Major department or chain stores which are strategically located at shopping centers so as to give maximum exposure to smaller satellite stores.
Approved architectural material. The structural or applied surface component of a facade including brick, rock, tinted or textured concrete masonry units, wood plank, fiber cement siding, pre-cast concrete, tilt-up concrete, shakes, split faced block, marble or simulated substitute. All materials shall be of a high quality. Vinyl and metal siding may be used as a minor material of the building facade.
Architectural element. A facade module feature that is applied, inserted, incorporated or constructed into or upon the primary or secondary facade including real or faux windows; real or faux doors; awnings, gables, parapets, porticos, porte-cocheres, arcades, arches, cupolas, columns, roof lines, material projections, recesses, cornices, etc.
Architectural element, minor. An architectural material that is described as being lesser, as in size, extent, or importance. A minor material may not exceed fifteen (15) percent of a facade module.
Areas of Environmental Concern (AEC). AEC's are areas of natural importance. It may be easily destroyed by erosion or flooding, or it may have environmental, social, economic or aesthetic values that make it valuable to the state. AEC's are the foundation of the Coastal Resource Commission's permitting program for coastal development.
Auditorium, assembly hall, stadium, convention center, banquet facility. An establishment, for rent by an individual or group, for which the sole purpose is the accommodation of private functions for meetings, events, celebrations, or entertainment. Such facilities may include a kitchen for the preparation or catering of food and beverages, outdoor facilities such as gardens, gazebos, and other accessory facilities for use by patrons of the facility only.
Automotive sales. A facility involved in providing direct sales, renting or leasing of motor vehicles, light and medium trucks, tractor trailers, recreational vehicles, earthmoving equipment; construction equipment; farming equipment; and other consumer motor vehicles such as motorcycles and boats, or any similar use.
Awning. A structure made of cloth, metal, or other material affixed to a building in such a manner that the structure may be raised or retracted from a building to a flat position against the building, but not a canopy.
Bar. An establishment that is primarily engaged in the business of selling alcoholic beverages for consumption on the premises. A bar shall not include a brewery, winery, or distillery
Bed and breakfast homes/inns. A use that takes place within a building that, prior to such an establishment, was a single-family residence, that consists of renting from one (1) to eight (8) dwelling rooms on a daily basis to tourists, vacationers, and business travelers, where meals are provided only to guests. The homeowner shall reside on site and employment shall not exceed two (2) full-time employees in addition to the owner(s).
Bedroom. A fully enclosed interior room as shown on the building plan for the structure having, as a minimum, a doorway, window, and closet.
Best Management Practices (BMP). For the purposes of this ordinance, a structural or nonstructural management-based practice used singularly or in combination to reduce non-point source inputs to receiving waters in order to achieve water quality protection goals.
Big box development. A single structure containing at least fifty thousand (50,000) square feet of gross floor area that is constructed for the purpose of retail or wholesale occupancy.
Bona fide farm. Farm uses including the production and activities relating or incidental to the production of crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, aquaculture, and all other forms of agriculture, as defined in G.S. 106-581.1. For purposes of determining whether a property is being used for bona fide farm purposes, any of the following shall constitute sufficient evidence that the property is being used for bona fide farm purposes:
1. A farm sales tax exemption certificate issued by the Department of Revenue.
2. A copy of the property tax listing showing that the property is eligible for participation in the present use value program pursuant to G.S. 105-277.3.
3. A copy of the farm owner's or operator's Schedule F from the owner's or operator's most recent federal income tax return.
4. A forest management plan.
Buffer. A strip of land with natural or planted vegetation, located between a structure or use and a side or rear property line, intended to spatially separate and visually obstruct the view of two (2) adjacent land uses or properties from one another. A buffer area may include any required screening for the site. See also "screening".
Buffer, Parking. A vegetated landscape strip installed around the perimeter of a parking area or other vehicular use area to serve as a visual screen from the adjacent roadway or property, containing either a berm, a continuous landscaped hedge, a decorative masonry wall or any combination thereof.
Buffer, Perimeter. A specified land area, located along the perimeter of a lot and extending a specific width to the lot line, generally containing existing or newly planted vegetation to act as a screen.
Buffer, Street. A vegetated planting strip installed along a road frontage to filter the view, enhance the streetscape, and lessen the overall impacts of the new development of the subject lot.
Buildable area. The portion of a lot remaining after required yards have been provided.
Building. Any structure used or intended for supporting or sheltering any use or occupancy.
Building height. The vertical measurement extending from the average grade located at the edge of the building pad to the highest roof peak.
Building inspector. The person, officer, and his authorized representatives, whom the town council have designated as their agent for the administration and enforcement of the building code.
Building site. An area of land or property where development is undertaken. See also "Development".
Built upon area. Built upon areas shall include that portion of a development project and/or lots that are covered by impervious or partially impervious cover including buildings, pavement, gravel roads, recreation facilities (tennis courts) etc. Wooden slatted decks and the water area of a swimming pool are considered pervious.
Building width. Building width shall be measured by the distance along the front plane of any building as determined by the location of an entrance fronting on a street.
Caliper. A standard trunk diameter measurement for trees. This measurement is taken six (6) inches above the ground for up to and including four (4) inch caliper size, and twelve (12) inches above the ground for larger sizes.
Campground. Any site or tract of land upon which are located the minimum number of travel trailer spaces of land area required by this ordinance, regardless of whether or not a change is made for such services.
Canopy. A permanent structure, not enclosed and not retractable, attached or unattached to a building, for the purpose of providing shelter to patrons or automobiles, or as a decorative feature on a building wall.
Canopy tree. Any large maturing tree which at maturity provides a crown width sufficient to shade a minimum of one thousand two hundred (1,200) square feet. Some trees due to location on Topsail Island may be unable to reach this size due to climate conditions.
Cemetery. A place used or to be used and dedicated or designated for interments of human remains or pet animal remains.
Change of use. The change in the use of a structure or land, for which a certificate of occupancy is required. Change of use shall include a change from one use to another use in the list(s) of permitted uses, and shall also include a change from one use to another use within any broad category of uses, such as from one use listed in the commercial use category to another uses listed in the commercial use category, as herein defined.
Church. (see religious institution).
Clinic, veterinary. A use or structure intended or used primarily for the testing and treatment of the physical disorders of animals; not principally used for the overnight boarding or grooming of animals; not permitting outdoor cages, pens, or runs for the confinement of animals unless expressly permitted in the district; and not used for the training of animals.
Coastal shorelines. Include all lands within seventy-five (75) feet of the normal high water level of estuarine waters. This definition also includes lands within thirty (30) feet of the normal high water level of public trust waters located inland of the dividing line between coastal fishing waters and inland fishing waters. Along outstanding resource waters, this definition includes lands within five hundred seventy-five (575) feet of the normal high water level.
Coastal wetlands. Any marsh in the CAMA regulated coastal counties that regularly or occasionally floods by lunar or wind tides, and that includes one or more of ten (10) plant species:
1. Spartina alterniflora: Salt Marsh (Smooth) Cord Grass.
2. Juncus roemerianus: Black Needlerush.
3. Salicornia spp.: Glasswort.
4. Distichlis spicata: Salt (or Spike) Grass.
5. Limonium spp.: Sea Lavender.
6. Scirpus spp.: Bulrush.
7. Cladium jaamaicense: Saw Grass.
8. Typha spp.: Cattail.
9. Spartina patens: Salt Meadow Grass.
10. Spartina cynosuroides: Salt Reed or Giant Cord Grass.
Collocation. The use of a tower or structure to support antennae for the provision of wireless services without increasing the height of the tower or structure.
Commercial communication tower. A tower facility, either roof or ground mounted, that includes, but is not limited to, radio and television transmission towers or similar utilities, microwave towers, and cellular telephone communication towers and similar structures for wireless communication. This term shall not include radio transmission facilities for use by ham radio operators or two-way local radio facilities for business or governmental purposes.
Common signage plan. The required signage plan that is submitted as part of site plan application involving two or more contiguous lot or any multi-tenant use that include signage components.
Complex. A singular residential or non-residential development that contains more than one principal building on a single lot, operating under one entity, containing uses from only one primary use category, and contains common design elements. Examples include: apartments, shopping centers.
Conditional Zoning or Rezoning. A legislative zoning map amendment with site-specific conditions incorporated into the zoning map amendment.
Condominium. A form of property ownership providing for individual ownership of space, commonly an individual dwelling unit, in a structure together with an individual interest in the land or other parts of the structure in common with other owners.
Contractor's office. A facility for a building, heating, plumbing, electrical, landscape, janitorial or similar contractor. May include overnight storage of fleet vehicles in some districts.
Construction. On-site erection, fabrication, installation, alteration, demolition or removal of any structure, facility, or addition thereto, including all related activities, including, but not restricted to, clearing of land, earthmoving, blasting and landscaping.
County health department. The Pender or Onslow County Health Department.
Covenant, Private. A set of private agreements written and agreed to by a group of property owners, usually included in each property deed, and which sets down certain rules and regulation governing the development and use of said properties.
Critical root zone (CRZ). A circular region measured outward from a tree trunk representing the essential area of the roots that must be maintained in order for the tree's survival. The critical root zone is one and one half (1.5) feet of radial distance for every inch of tree dbh, with a minimum of six (6) feet.
Crosswalk. A public pedestrian right-of-way which cuts across a block to facilitate pedestrian access to adjacent streets and properties.
Day care. A location providing day care, as a principal use or an accessory use, provided on a less than twenty-four (24) hour basis for any one client, either children or adults, according to the following limiting definitions:
Child day care center. An individual, agency, or organization providing supervision or care on a regular basis for children who are not related by blood or marriage to, and who are not the legal wards or foster children or, the supervising adults; usually serving more than ten (10) children at a time; not an accessory to residential use.
Adult day care center. An individual, agency, or organization providing supervision or care on a regular basis; usually for more than six (6) adults in a place other than their usual place of abode; not an accessory to residential use.
Day care home (accessory use). Day care provided on a less than twenty-four (24) hour basis for either children or adults, according to the following limiting definitions:
Child day care home. Supervision or care provided on a regular basis as an accessory use within a principal residential dwelling unit, by a resident of the dwelling for five (5) to ten (10) children who are not related by blood or marriage to, and who are not the legal wards or foster children of the supervising adult.
Adult day care home. Care provided on a regular basis as an accessory use within a principal residential dwelling unit, by a resident of the dwelling, for up to six (6) adults who do not reside in the dwelling.
Dedication. The transfer without payment of ownership or other interest in real property from a private entity to a public agency.
Density. Measured as the number of dwelling units per acre(s) of land.
Determination. A written, final, and binding order, requirement, or determination regarding an administrative decision.
Development. The carrying out of any building activity, the making of any material change in the use or appearance of any structure or land, or the subdividing of land into two or more parcels. The following activities or uses, shall be considered development.
Development, existing. Those developments as of the effective date of this subchapter that are built, or those developments having an outstanding valid building permit or a site-specific development plan as authorized by G.S. 160D-102 or having an approved site-specific or phased development plan in compliance with G.S. 160D-102 and having expended substantial resources (time, labor, money), or meeting the court-created common law or constitutional standards of a substantial expenditure of resources (time, labor, or money) based on a good faith reliance upon having received a valid local government approval to proceed with the project.
Development approval. An administrative or quasi-judicial approval made pursuant to this Chapter that is written and that is required prior to commencing development or undertaking a specific activity, project, or development proposal. Development approvals include, but are not limited to, zoning permits, site plan approvals, special use permits, variances, and certificates of appropriateness. The term also includes all other regulatory approvals required by regulations adopted pursuant to this Chapter, including plat approvals, permits issued, development agreements entered into, and building permits issued.
Diameter at breast height (DBH). The tree trunk diameter measured in inches at a height of four and one-half (4½) feet above the ground. Generally used for measuring existing trees.
Distillery. An establishment that produces and distributes spiritous beverages.
District, zoning. Any section of the Town of Surf City in which zoning regulations are uniform.
Drinking establishment. A use or facility engaged primarily in the preparation and retail sale of alcoholic beverages (with food sales an allowed accessory use) for consumption on the premises. This use is also known as tavern, bar, nightclub, or similar use other than restaurant or alcohol sales for off-premises consumption.
Dripline. The area on the ground defined by the outermost circumference of the tree canopy. Called "dripline" as this is where water drips from the leaves and branches onto the ground. See also Critical Root Zone.
Driveway. The vehicular access way between the edge of pavement and the property line.
Duplex. A residential building designed for or containing two (2) dwelling units on one lot.
Dwelling. Any building, structure, manufactured home or mobile home, or part thereof, used and occupied for human habitation or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith, except that for purposes of G.S. Chapter 160D, Article 12, it does not include any manufactured home, mobile home, or recreational vehicle, if used solely for a seasonal vacation purpose.
Dwelling, manufactured home. See "Manufactured home".
Dwelling, Single-Family, Detached. A residential dwelling unit, other than a manufactured home, designed for, and occupied by one (1) family which is surrounded by a yard or other open space and located on its own lot.
Dwelling, Single-Family, Attached. A residential structure designed to house a single family, with a private outside entrance, but not necessarily occupying a private lot, and sharing a common wall with one or more adjoining dwelling units. See also, "Townhouse."
Dwelling unit. One (1) or more rooms together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.
Easement. A grant of one or more of the property rights by the owner to, or for the use by, the public, a corporation, or another person or entity.
Estuarine and ocean system AEC. The estuarine and ocean system is the coast's broad network of brackish sounds, marshes and surrounding shores. Normally found where rivers and streams meet the ocean, an estuary is a unique and important part of coastal life - a transitional area where fresh and salt water mix.
Estuarine waters. State's oceans, sounds, tidal rivers and their tributaries, which stretch across coastal North Carolina and link to the other parts of the estuarine system: public trust areas, coastal wetlands and coastal shorelines.
Evidentiary hearing. A hearing to gather competent, material, and substantial evidence in order to make findings for a quasi-judicial decision required by a development regulation.
Existing lot of record. A lot which is part of a subdivision, a plat of which has been recorded in the office of the register of deeds prior to the adoption of this ordinance, or a lot described by metes and bounds, the description of which has been so recorded prior to the adoption of this ordinance.
Expenditure. A sum of money paid out in return for some benefit or to fulfill some obligation. Whenever the term is used hereafter, it also includes binding contractual commitments to make future expenditures, as well as any other substantial changes in position.
Extraterritorial Jurisdiction (ETJ). That portion of the Town's planning area located outside the corporate boundaries of the Town.
Facade. The visible exterior portion of a building wall which extends from the ground to the top of the wall or roof line.
Facade, primary. The facade containing the highest number of customer entrances.
Family. One (1) or more persons occupying a single dwelling unit, provided that unless all members are related by blood or marriage, no such family shall contain over five (5) persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a family or families.
Family care home. An assisted living residence for two to six residents in which the housing management provides 24-hour scheduled and unscheduled personal care services to residents, either directly or, for scheduled needs, through formal written agreement with licensed home care or hospice agencies. Some licensed adult care homes provide supervision to persons with cognitive impairments whose decisions, if made independently, may jeopardize the safety or well-being of themselves or others and therefore require supervision.
Farm, bonafide. A property that is located in the town's extraterritorial jurisdiction that is used for bona fide farm purposes in accordance with G.S. 160D-903(a) and is exempt from zoning regulation to the same extent bona fide farming activities are exempt from county zoning pursuant to G.S. 160D-903.
Flashing. An intermittent or flashing light source where the identical EMC message is constantly repeated at extremely fast intervals.
Flex space. A light industrial use which includes a combination of office space and either indoor recreation, light manufacturing, warehouse, commissary, or light assembly operations, provided that a minimum of fifteen (15) percent of the gross floor area of each tenant space shall be devoted to office use and no more than 25% of the gross floor area be dedicated to an associated retail use.
Flood (coastal). A temporary rise in ocean level results in inundation of areas not ordinarily covered by water.
Flood, regulation. The flood which is representative of large floods known to have occurred generally in the area and reasonably characteristic of what can be expected to occur. The regulatory flood generally has a flood frequency of approximately one hundred (100) years as determined by the Federal Flood Insurance Administration, FEMA.
Flood Fringe Area. That area of the floodplain lying outside the floodway but still lying within the area of special flood hazard, that is, within the 100-year floodplain.
Floodplain. Any normally dry land area that is susceptible to being inundated by waters of the one (1) percent annual chance flood, that is the 100-year flood.
Floodway. The channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the velocity waters of the regulatory flood.
Foot candle. A unit of illuminance or illumination, equivalent to the illumination produced by a source of one (1) candle at a distance of one (1) foot and equal to one (1) lumen incident per square foot. Abbreviation: FC Fraternity or sorority houses. A building occupied by and maintained exclusively for college or university students who are affiliated with a social honorary, or professional organization which is chartered by a national fraternal or sororal order and which is so recognized by the college, university or other institution of higher education.
Frontage. The length along the street right-of-way line of a single property tract or roadside development area between the edges of the property lines. Property at a street intersection (i.e., corner lot) has a separate frontage along each street.
Full cut-off light. A light fixture that cuts off all upward transmission of light.
Gas station with convenience retail. A building used for the sale of gasoline products that also offers for sales prepackaged food items and tangible consumer goods, primarily for self-service by the consumer. Hot beverages, fountain-type beverage, and pastries may be included in the food items offered sale, but food items that are prepared or individually proportioned on the premises shall be prohibited.
Glare. Discomfort experienced by an observer with a direct line of sight to a light source that often results in visual impairment.
Governing board. The Town of Surf City Town Council. The term is interchangeable with the term "town council."
Government Services I. Facilities or systems for the distribution/upkeep of public utilities and services.
Government Services II. For the purposes of this ordinance, Government Services II shall be defined as a correctional facility where individuals are housed while awaiting trail or serving a sentence after being found guilty of a criminal offense.
Ground Cover. Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion.
Group home. A residential home provided by an agency, organization, or individual for persons who need sheltered living conditions, but not including persons who are dangerous to others as defined in G.S. 122C-3(11)b, as amended. Group homes for up to six (6) persons are permitted in any district which allows residential uses.
Guest room. A room or suite used as living accommodations for one or more paying visitors.
Habitable. Space in a building for living, sleeping, eating, or cooking. Bathrooms, toilet rooms, closets, halls, storage and utility spaces and similar areas are not considered habitable spaces.
Hazardous material. Any substance listed as such in: SARA Section 302, "Extremely Hazardous Substances", CERCLA "Hazardous Substances", or Section 311 of CWA (oil and hazardous substances).
High hazard flood AEC. Covers lands subject to flooding, high waves and heavy water currents during a major storm. These are the lands identified as coastal flood with velocity hazard, or "V zones," on flood insurance rate maps prepared by the Federal Insurance Administration.
Home Occupation. An accessory commercial use contained within a residential dwelling that conducts limited commercial activities, provided such activities do not impact or detract from the residential character of the neighborhood.
Home Office. An accessory office use limited to one room in a dwelling unit in which the resident of the dwelling performs employment-related and telecommuting duties for a business or office located elsewhere.
Hospital. An institution providing human health services primarily for in-patient medical and surgical care for the physically or mentally sick and injured and including related support facilities such as laboratories, out-patient departments, staff offices, food services, and gift shop.
Hotel. A building containing more than four (4) individual rooms for the purpose of providing overnight lodging facilities to the general public for compensation, with or without meals, and which has common facilities for reservations and cleaning services, combined utilities, and on site management and reception services.
Household. One (1) or more people occupy a single dwelling unit.
Industrial use. The manufacture, fabrication, processing, or reduction of any article, substance, or commodity or any other treatment thereof in such a manner as to change the form, character or appearance thereof. In addition, it shall include trucking facilities, warehousing, storage facilities, businesses serving primarily industry, research and development, waste service, and similar enterprises.
Impervious surface. Areas developed and/or whose surface is treated or covered by impenetrable materials to prevent or limit the infiltration of rainwater. Examples of development and surface treatments that render a surface impervious include:
o Buildings (green roofs shall not count as impervious surfaces)
o Asphalt, BST, and other pavement materials
o Concrete and cement
o Stone, brick, concrete block, and similar materials
o Gravel
o Compacted soil
Clean washed stone and pervious pavers shall not be considered impervious surface treatments for the purposes of this ordinance.
Independent living facility. Congregate living facilities, such as rest homes and homes for the aged, which are designed for older persons or disabled persons who do not require health and support services, such as medical and nursing care, central dining, and transportation service, located on the site. Each living unit may be self contained and is physically accessible to older or disabled persons. Distinguished from apartment building(s) by the provision of some communal services.
Inlet hazard AEC. Covers the lands next to ocean inlets. Inlet shorelines are especially vulnerable to erosion and flooding and can shift suddenly and dramatically. The distance the inlet hazard AEC extends inland is estimated to be large enough to encompass those lands where the inlet can be expected to migrate. At a minimum, this distance is the same distance inland as the ocean erodible AEC. Inlet hazard AEC's range in width from about two hundred fifty (250) feet for a fairly stable inlet to about four thousand (4,000) feet for the most dynamic inlets.
Interconnected. Refers to streets which provide through access to other streets; interconnected street systems may be either rectilinear or curvilinear. Also applies to commercial driveways which allows passage from one property to another without accessing the street.
Internet sweepstakes/gaming facilities. Any business enterprise, whether as a principal or accessory use, where persons utilize electronic machines, including but not limited to computers and gaming terminals, whether connected to the internet or not, to conduct games of chance, including sweepstakes, and where cash, merchandise or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is determined by electronic games played or by predetermined odds, which have a finite pool of winners. Operations including, but not limited to, internet cafes, internet sweepstakes, business centers, electronic gaming machines/operations, video sweepstakes, cybercafes, or by whatever other terminology such establishment might be known. This does not include any lottery approved by the State of North Carolina.
Island OR On-Island. Refers to activities or development that is exclusively occurring on Topsail Island.
Junk. Dilapidated scrap or abandoned metal, paper, building materials and equipment, bottles, glass, appliances, furniture, beds and bedding, rags, rubber, motor vehicles, or parts thereof.
Kennels/pet day care/animal shelters. A use or structure intended and used for the breeding or accommodation of small domestic animals for sale or for the training or overnight boarding of animals for persons other than the owner of the lot, but not including a veterinary clinic in which the overnight boarding of animals is necessary for or accessory to the testing and medical treatment of the physical disorders of animals.
Land disturbing activity. Any use of land in residential, industrial, educational, institutional or commercial development, highway and road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. Sedimentation occurs whenever solid particulate matter, mineral or organic, is transported by water, air, gravity, or ice from the site of its origin, and is deposited elsewhere.
Landscaping. Any live plant material such as trees, shrubs, ground cover, and grass used in spaces void of any impervious material or building structures, areas left in their natural state or areas where mulch is used as a ground cover.
Legislative hearing. A hearing to solicit public comment on a proposed legislative decision.
Light industrial and manufacturing. The assembly, fabrication, or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building or lot where such assembly, fabrication, or processing takes place; where such processes are housed entirely within a building; or where the area occupied by outdoor storage of goods and materials used in such processes do not exceed twenty-five (25) percent of the floor area of all buildings on the property.
Livestock. All animals kept or raised on a farm, except however, that necessary working animals and pets are not included.
Lot. A parcel of land whose boundaries have been established by some legal instrument such as a deed or a recorded map and which is recognized as a separate legal entity for purposes of transfer of title.
Lot Depth. The mean horizontal distance between front and rear lot lines.
Lot Frontage. The horizontal distance between the side lot lines measured at the point where the side lot lines intersect the street right-of-way.
Lot of Record. A lot which is part of a subdivision recorded in the Office of the Register of Deeds of Pender County, or a lot described by metes and bounds, the description of which has been so recorded.
Lot Types:
Corner Lot. A lot that occupies the interior angle at the intersection of two (2) or more rights-of-way lines.
Interior Lot. A lot other than a corner lot or a through lot with frontage on only one (1) street and all other lot lines are shared with other lots.
Double Frontage or Through Lot. A lot other than a corner lot, which is a continuous lot of the same depth as the width of a block and/or which has street frontage along two or more property lines.
Flag Lot. An irregularly shaped lot which has an appendage or extension which does not meet lot width requirements of the district at the street.
Lot Width. The width of any lot as measured by the distance between the side lot lines (generally running perpendicular to a street), measured at the front setback along a straight line parallel to the front of the property line or along the chord of the front property line.
Manufactured Home. A structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet; and which is built on a permanent chassis and designed to be used as a dwelling, with or without permanent foundation when connected to the required utilities, including the plumbing, heating, air conditioning and electrical systems contained therein. "Manufactured home" includes any structure that meets all of the requirements of this subsection except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of HUD and complies with the standards established under the Act. For manufactured homes built before June 15, 1976, "manufactured home" means a portable manufactured housing unit designed for transportation on its own chassis and placement on a temporary or semipermanent foundation having a measurement of over 32 feet in length and over eight feet in width. "Manufactured home" also means a double-wide manufactured home, which is two or more portable manufactured housing units designed for transportation on their own chassis that connect on site for placement on a temporary or semipermanent foundation having a measurement of over 32 feet in length and over eight feet in width.
Manufactured home park. Any site or parcel of land under single ownership where land is rented and utilities are provided for the installation or placement of manufactured homes.
Marina, commercial. A facility for the wet or dry storage, launching and mooring of boats, together with all accessory structures and uses.
Mean sea level. The National Geodetic Vertical Datum (NGVD) of 1929, or other datum, to which base flood elevations shown on the Flood Insurance Maps for Pender and Onslow County are referenced.
Mini/self-storage facility. A building or group of buildings consisting of individual, self-contained units leased to individuals, organizations, or businesses for self-service storage of personal property.
Mixed use building. A building containing a mixture of residential and non-residential uses, with residential uses occupying the upper floors.
Modular home. A factory-built structure that is designed to be used as a dwelling, is manufactured in accordance with the specifications for modular homes under the North Carolina State Residential Building Code, and bears a seal or label issued by the Department of Insurance pursuant to G.S. 143-139.1.
Mooring or float. An object or structure secured in the water, such as by cables, lines, chains, or anchors, and intended or used for securing one or more boats in the water.
Motel. A building or series of buildings in which lodging is offered for compensation, and which is distinguished from a hotel primarily by reason of providing direct, independent access to individual rooms and adjoining parking from outside the building.
Multifamily dwelling. A dwelling or group of dwellings on one lot, containing separate living units for five (5) or more families, having separate or joint entrances. This definition may include apartments and condominiums.
Net acreage. A measure of the area of a piece of land area which excludes the land area of certain elements from its calculation, such as area occupied by streets, rights-of-way, and easements.
Nonconformity:
Nonconforming situation. A situation that occurs when, on the effective date of this ordinance or any amendment to it, an existing lot or structure or use of existing lot or structure does not conform to one (1) or more of the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a nonconforming situation may arise because a lot does not meet minimum acreage requirements, because structures do not satisfy maximum height or minimum floor space limitations because the relationship between existing buildings and the land (in such matters as density and setback requirements) is not in conformity with the ordinance, or because land or buildings are used for purposes made unlawful by the ordinance.
Nonconforming use. A nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located. (For example, a commercial office building in a residential district may be a nonconforming use.) The term also refers to the activity that constitutes the use made of the property. (For example, all the activity associated with running a bakery in a residentially zoned area is a nonconforming use.)
Dimensional nonconformity. A nonconforming situation that occurs when the height, size, or minimum floor space of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located.
Nonconforming lot. A lot existing and properly recorded as a matter of public record in the Pender or Onslow County register of deeds office, as of the effective date of this ordinance or any amendment to it, that does not meet the minimum area or lot width requirements of the zoning district in which it is located.
Nonconforming project. Any structure, development, or undertaking that is incomplete at the effective date of this ordinance and would be inconsistent with any regulation to the district in which it is located if completed as proposed or planned.
Non-cut-off light. A light fixture which does not cut-off all upward transmission of light.
Ocean erodible AEC. Covers North Carolina's beaches and any other oceanfront lands that are subject to long-term erosion and significant shoreline changes. The seaward boundary of this AEC is the mean low water line. The landward limit of the AEC is measured from the first line of stable natural vegetation and is determined by adding:
A distance equal to sixty (60) times the long-term, average annual erosion rate from that stretch of shoreline to the distance of erosion expected during a major storm.
The width of the AEC varies from about one hundred forty-five (145) feet to more than seven hundred (700) feet.
Off street parking. Parking of vehicles which occurs on a lot and not on a street or other public right of way.
Offices. A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products.
Open space. Any area which is not divided into private or civic building lots, streets, rights of way, parking, or easements. In the low impact subdivision, open space may also include portions of private building lots subject to a permanent open space easement. Urban open space assumes one or more of the forms detailed in subdivision ordinance, and may contain recreation equipment and amenities as indicated. Rural open space is site specific in its designation.
Open space, common area. Common area open spaces are designed to serve the residents of the immediate block or neighborhood. Ownership and maintenance of such common areas shall be in fee simple title to a homeowners association or similar organization.
Open space, public. Public open spaces shall be dedicated to a local government or nonprofit conservancy organization for ownership and maintenance. Public open spaces shall maintain free and public access. Hours of access may be restricted in accordance with health and safety guidelines.
Ordinance. This ordinance, including any amendments. Whenever the effective date of the ordinance is referred to, the reference includes the effective date of any amendment to it.
Out parcel. A parcel of land associated with and located within a shopping center, mall or big box development, which is designated on an approved site plan as a location for a structure with an intended use.
Outdoor display. The outdoor display of products actively available for sale.
Outdoor lighting. Any light source that is installed or mounted outside of an enclosed building, but not including street lights installed or maintained along public or private streets.
Outdoor recreation. Swimming pools, tennis courts, ball fields, and ball courts which are not enclosed in buildings and are operated on a commercial or membership basis primarily for the use of persons who do not reside on the same lot as that on which the recreational use is located. Outdoor recreation shall include any accessory uses, such as snack bars, pro shops, and club houses which are designed and intended primarily for the use of patrons of the principal recreational use.
Outdoor storage. Goods stored outdoors and which can be stored overnight.
Owner. Any full or part owner, joint owner tenant in common, tenant in partnership, joint tenant or tenant by the entirety with legal title to the whole or to part of a structure or parcel of land according to the Register of Deeds.
Park. An area open to the general public and reserved for recreational, education or scenic purposes. Uses focusing on natural areas consisting mostly of open vegetation, passive or active outdoor recreation areas, or community gardens, and having few structures. Parks and open areas shall include the following: tot lot and playgrounds; mini-parks; plazas; squares; greens; neighborhood parks; botanical gardens; nature preserves and recreation trails; or any similar use.
Parking area. For a residential use, a parking area is the area just past the driveway. Traditionally located in the front of the home or under the home.
Parking space, off-street. For the purposes of this ordinance, an off-street parking space shall consist of a space adequate for parking an automobile with room for opening doors in both sides, together with properly related access to a public street or alley and maneuvering room.
Person. An individual, corporation, governmental agency, business trust, estate trust, partnership, association, two (2) or more persons having a joint or common interest, or any other legal entity.
Personal and professional services. A facility involved in providing personal or repair services to through traffic as well as the surrounding neighborhood. General services shall include the following personal services: animal grooming; dance, martial arts, photographic, music studio or classroom; photocopy, blueprint, quick-sign service; psychic or medium; security service; taxidermist; catering service or any similar use. General services shall also include the following repair services: bicycles; mopeds, canvas products; clocks; computers; jewelry; musical instruments; office equipment; radios; shoes; televisions; furniture; watches or any similar use. Also includes a tailor, milliner, upholsterer, or locksmith. This definition does not include any adult business.
Pervious surface. Having pores or openings that permit liquids to pass through. Marl, ABC stone, crush and run and other similar surfaces are not considered pervious.
Pier. A structure extending into or along the water for use as a landing place for boats or as a promenade. Planning board. The Town of Surf City planning board, established by ordinance in accordance with G.S. 160D-301 and 160D-307.
Planned unit development. Land under unified control which is planned and developed as a whole in a single development operation or a programmed series of operations, including all land and buildings for principal and accessory structures and uses substantially related to the character of the district. The planned unit development shall be developed according to comprehensive and detailed sites and the like, but also site plans, floor plans, and elevations of all buildings as intended to be located, constructed, used and related to each other and detailed plans for other uses and improvements on land as related to the building. The planned unit development shall also make provisions for the operation and maintenance of such areas, improvements, facilities, and service as will be for common use by some or all of the occupants of the planned unit development, but will not be provided, operated or maintained at the expense of the general public.
Planning Area. The land located within the corporate limits of the Town and the land located within the territorial jurisdiction established by the Town Council.
Planting Area. Areas of a site where groupings (more than one) of trees, shrubs and/or ground cover are proposed and are defined within a bed of mulch.
Planting strip. The area of land along the front property line parallel to the outside of the right-of-way reserved for tree planting and landscaping.
Plat. A map or plan of a parcel of land which is to be or which has been subdivided.
Plat, Final. The final map of all or a portion of a subdivision or site plan that is presented for final approval and recorded with the County.
Plat, Preliminary. A map of a subdivision with associated information required for major subdivision development.
Primary education facility. A public or private institution offering a curriculum of education authorized by the State of North Carolina giving regular instruction at the primary, secondary level, or a school for the mentally or physically handicapped. Included in this definition are preschool programs. However, this definition does not include day care facilities, individual instruction, or classes in a specialized subject.
Principal building, use, or structure. The main use of a lot, or the building or structure in or on which the main use of the lot takes place.
Produce Stand. A temporary building or structure, not to exceed a gross floor area of 500 square feet, used for the retail sales of fresh fruits, vegetables, flowers, herbs, or plants. May also involve the accessory sales of other unprocessed foodstuffs, home processed food products such as jams, jellies, pickles, sauces, or baked goods, and home-made handicrafts.
Project area. Any area of land and/or water, regardless of the number of individual parcels contained therein, on which development is proposed under these regulations.
Protected Area. The area adjoining and upstream of the critical area in which protection measures are required. The boundaries of the protected area are defined as extending ten miles upstream and draining to water supply or to the ridge line of the watershed, whichever comes first.
Public facility. A building or area owned or used by any department or branch of the Town of Surf City, the State of North Carolina, or the Federal Government
Public Street. A dedicated and accepted public right-of-way for vehicular traffic.
Public Sewer. Any sewerage system serving ten or more customers.
Public trust areas. Coastal waters and submerged lands that every person has the right to use for activities such as boating, swimming or fishing. These areas often overlap with estuarine waters, but also include many inland fishing waters. The following lands and waters are considered public trusts areas:
All waters of the Atlantic Ocean and the lands underneath, from the normal high water mark on shore to the state's official boundary three miles offshore;
All navigable natural water bodies and the lands underneath, to the normal high watermark on shore (a body of water is considered navigable if you can float a canoe in it). This does not include privately owned lakes where the public doesn't have access rights;
All water in artificially created water bodies that have significant public fishing resources and are accessible to the public from other waters; and
All waters in artificially created water bodies where the public has acquired rights by prescription, custom, usage, dedication or any other means.
Public water supply. Any water supply furnishing potable water to ten or more customers.
Quadplex (quad). A residential building containing four attached but individual dwellings in which each unit has two open-space exposures and shares one or two walls or floors with adjoining unit(s).
Quasi-judicial decision. A decision involving the finding of facts regarding a specific application of a development regulation and that requires the exercise of discretion when applying the standards of the regulation. The term includes, but is not limited to, decisions involving variances, special use permits, and appeals of administrative determinations.
Radio or television studio. A building used for radio (audio) or television (visual) recording and production.
Recreational Equipment. Play apparatus such as swing sets and slides, sandboxes, poles for nets, unoccupied boats and trailers, campers & RV's, picnic tables, lawn chairs, barbecue stands, and similar equipment or structures but not including tree houses, swimming pools, playhouses, or sheds utilized for storage of equipment.
Recreational vehicle (RV) park. Land used or intended to be used, let, or rented for occupancy by vacationing transient campers traveling by automobile or otherwise, for occupancy by movable or temporary sleeping quarters of any kind, together with automobile parking spaces and incidental utility structures and facilities required and provided in connection with the use. This definition shall not include trailer sales lots where unoccupied trailers are parked for inspection and sale. See also CAMPGROUND.
Redevelopment. The demolition and reconstruction of a building or structure or a portion of a building or structure.
Religious institution. A church, synagogue, temple, mosque, or other place of religious worship, including any customary accessory uses or structure, such as a school, day care center, cemetery or residential dwelling located on the same lot.
Residential use. Any detached, duplex, triplex, quadplex, attached or multifamily dwelling, manufactured home, mobile home, group home for up to six clients, limited residence boarding house or dormitory.
Restaurant. An establishment whose primary purpose is serving meals to patrons.
Resource Conservation Area. A portion of a site that is required to preserved as a natural resource, including but not limited to bodies of water, streams, floodplains, wetlands, and riparian buffers.
Retail. A facility involved in retail sale, lease, or rental of new or used products to through traffic as well as the surrounding neighborhood. General retail shall include the selling, leasing or renting of the following goods: antiques; art; art supplies; bicycles; building supplies; cameras; carpet and floor coverings; crafts; clothing; computers; dry goods; electronic equipment; fabric; furniture; garden supplies; hardware; household products; jewelry; medical supplies; musical instruments; music; pets; pet supplies; printed materials; sporting goods; or any similar use. The retail sale of automobile parts shall be considered retail general provided no on-site automobile service or repair is provided. This definition does not include any adult entertainment establishment.
Right-of-Way. An area or strip of land, either public or private, on which an irrevocable right-of- passage has been recorded for the use of vehicles or pedestrians or both.
Roadway. A paved right-of-way or portion thereof for use by vehicular traffic that provides either public or private access to property.
Roof line. The top edge of the roof or the top edge of the parapet, whichever forms the top line of the building silhouette, but not including equipment structures.
Screening. A fence, wall, hedge, landscaping, buffer area or any combination of these provided to create a visual separation between certain land uses. A screen may be located on the property line or elsewhere on the site, as determined by the use to be screened.
Scroll. A mode of message transition on an EMC where the message appears to move vertically or horizontally across the display surface.
Setback. The distance by which any building or structure is separated from the associated, parallel lot line. Usually conveyed as the minimum distance permitted. Certain facilities, such as decks, porches, and stairs, may encroach into the setback in accordance with Section 4.4.
Setback, front. The minimum allowable distance measured perpendicular from the front lot line to the nearest point of the principal building. The front setback is equal to the width of the required street yard.
Setback, rear. The minimum allowable distance measured perpendicularly from the rear lot line to the nearest point of the principal building. The rear setback is equal to the required rear yard.
Setback line. The line on the front, rear, and sides of a lot, which delineates the area upon which a structure may be built and maintained.
Setback, side. The minimum allowable distance from the side lot line to the nearest point of the principal building measured perpendicular to the side lot line. The side setback is equal to the required side yard.
Setback, side (street). The minimum allowable distance measured perpendicularly from the side lot line adjacent to the secondary street of a corner lot to the nearest point of the principal building. The side (street) setback is equal to the required side (street) yard.
Short-term rental. A dwelling unit, or portion thereof, that is used for the accommodations or lodging of a guest or guests, paying a fee or other compensation, for vacation, leisure, or recreation purposes for less than ninety (90) days. Commonly referred to as a vacation rental.
Sign. Any words, lettering, numerals, parts of letters or numerals, figures, phrases, sentences, emblems, devices, decoration, designs, trade names, registered trade marks, banners, insignia or other representation used as a means to designate or attract attention to an individual, a firm, an association, a corporation, a profession, a business, a commodity or product which are exposed to the public view, and used to attract attention. A sign may also consist of sources of illumination, unmarked pennants, streamers, or any other device that are displayed to draw attention to a charitable, residential, institutional, commercial or industrial establishment or activity. Excluding merchant wares, streamers used for holiday and festival celebrations are excluded. For the purpose of the sign regulations, the following definitions are provided:
Building roof line: That point at which a structure's walls and its roof are attached.
Building roof peak: The highest or uppermost point of a structure's roof. A structure's roof shall be the building's primary structure for providing weather protection on the top of the building and shall not include any secondary or cosmetic structures or additions which are not integral to the purpose of the primary roof structure.
Business establishment: Any establishment doing business under a common ownership and/or individual control.
Commercial structure: Any structure or freestanding commercial building which may contain any number of business establishments having a common roof or a facade.
Estuarine shoreline: Any water shoreline which is especially vulnerable to erosion, flooding or other adverse effects of wind and water.
Licensee: The person holding a license or written permission for some specific purpose.
Decoration: A three dimensional object that does not depict anything sold by the business, that is attached to any side of a building and not on a roof.
A frame: A temporary sign consisting of two sign faces attached back to back by top hinges.
Attached sign: Any sign painted or affixed to the face of the outside wall or roof of any building and supported throughout by such wall or roof.
Awning: Signs integrated into traditional storefront awnings that project over a sidewalk from the building façade.
Banner sign: Any sign having the characters, letters, or illustrations, or ornamentation applied to cloth, paper, plastic, or fabric, including pennants and wind operated devices.
Bare bulb lighted sign: A sign illuminated through the use of exposed light bulbs which are incorporated as an integral part of said sign.
Billboard: An off-premise sign that advertises an establishment, service, commodity, goods, or entertainment. A billboard usually has a sign area larger than thirty-two (32) square feet.
Canopy: A sign which is attached flat to, designed as part of, and fastened to a canopy.
Construction sign: Any sign identifying on-site construction and any future development to occur on the property on which the sign is located.
Copy: Any words, letters, numbers, figures, characters, symbols, logos, or insignia that are used on a sign display surface area.
Directional sign, off-site: Any off-premise sign indicating the location of or directions to a business, church, park, historic property, school, or other place of public assembly and shall contain no advertising content.
Directional sign, on-site: A sign incidental to the use of the lot on which it is located that provides necessary information to guide traffic, whether vehicular or otherwise, within the site. Any one directional sign shall be no larger than five (5) square feet.
Double-faced sign: A sign with two (2) parallel or nearly parallel faces back to back and located not more than twenty-four (24) inches from each other are considered as one (1) sign.
Electronic changeable copy sign: A permanent freestanding sign whose informational content can be changed by electronic means.
Entrance sign: Any sign identifying a subdivision or other large development and located at the major entrance point or points to such development.
Flashing sign: Any sign which contains or uses for illumination any lights or lighting device or devices which change color, flash, or alternate, shows movement or motion, or changes the appearance of said sign or any part thereof automatically.
Freestanding sign: Any single, double faced, or cube sign advertising on-site sale of products or services. Such signs are not attached to or painted on a building but are permanently affixed to the ground.
Indirectly illuminated sign: A sign illuminated by an external light source.
Internally illuminated sign: A sign where the light source is concealed within the sign visible through a translucent surface.
Itinerant merchant sign: A sign purchased by a merchant, other than a merchant with an established retail store in the town, who transports an inventory of goods to a building, vacant lot, or other location in the town, and who, at that location, displays the goods for sale at retail for less than six (6) consecutive months.
Marquee sign: A projecting sign attached to or hung from a canopy or covered structure projecting from and supported by a building.
Monument sign: An on-premise freestanding sign with the appearance of a solid base sign. The width of the base shall be at least seventy-five (75) percent of the width of the sign. The height of the sign shall not exceed ten (10) feet.
Multi-tenant sign: A free-standing sign used to advertise businesses that occupy a shopping center or complex of two (2) or more tenants.
Neon lighted sign: A sign illuminated by a glass tube usually with bright colors bent into forms to produce letters, symbols, and other shapes.
Off-site sign: Any sign advertising a product or service, which product or service is not available for sale or performance at the place where the sign is located.
Portable sign: Any sign which is not securely and permanently attached to the ground or building.
Prohibited sign: A sign that is expressly prohibited within all zoning districts of the Town of Surf City.
Projecting sign: An outdoor advertising display sign affixed to any building wall or structure and extending beyond the building wall, structure, building line, or property line more than six (6) inches.
Real estate sign: Any sign advertising real estate for sale or rent.
Roof sign: Any outdoor advertising display sign erected, constructed, or maintained above the roof of any building.
Sandwich board or "A" frame sign: A small eight (8) sq. ft. movable A frame sign which is removed at the end of the day.
Shingle sign: Any sign erected perpendicular to the front wall of a building attached to the wall or the underside of any overhang connected to and supported by the wall.
Temporary sign: Any non-permanent sign, banner, placard, decorations or the like, constructed of light materials for the promotion of commercial enterprises, political signs, or events.
Time and temperature indicator: Those electronic signs which periodically indicate time and/or temperature changes only.
Wall sign: Any sign that shall be affixed flat to the wall or extend no more than six (6) inches from the wall of any building.
Window sign: An on-premises sign attached flat but parallel to the inside of a window, does not include wall/fascia signs.
Sign, principal. A sign which directs attention to a business, commodity, services, entertainment or other activity, conducted, sold or offered exclusively on the premises upon which said sign is located.
Sign, outdoor advertising. Any sign either freestanding or attached to a structure which directs attention to a business, commodity, services, entertainment or other activity conducted, sold or offered elsewhere than on the premises on which said sign is located.
Signs, surface area of. The surface area of a sign shall be computed as including the entire area within a regular geometric form of combinations of regular geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed. Frames and structural members not bearing advertising matter shall not be included in computation of surface area. See Section 8.4 for further information regarding measurement.
Sign, temporary. A sign permitted for a period not exceeding twelve (12) months including for sale, for rent, construction company's name, subcontractor's names, architect's and planner's names.
Single-family dwelling. See Dwelling, single-family.
Site. A continuous quantity of land to be developed as a single project. A site may contain multiple parcels or lots.
Site Area. Site area shall be the total land area of the proposed development.
Site Area, Net. Net site area shall mean the total gross area of the parcel, minus any resource conservation areas located on the site.
Site Plan. A plan prepared to scale, showing accurately and with complete dimensions, the boundaries of the site and the location of all buildings, streets, uses, and principal site development features proposed for a specific parcel of land.
Site Specific Development Plan. A plan of land development submitted to the Town for purpose of obtaining one of the following zoning or land use permits or approvals: subdivision plat, site plan, special use permit, conditional zoning, or variance; provided, notwithstanding the foregoing that neither a variance, a plat nor any other document that fails to describe with reasonable certainty that type and intensity of use for a specified parcel or parcels of property shall constitute a site specific development plan.
Sleeping Unit. A room or space in which people sleep, which can also include permanent provisions for living, eating, and either sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.
Slope. The extent to which a landform deviates from the perfectly horizontal as expressed in percent, degree, or ratio. To ensure consistent conversion between these separate methods of expressing the extent of the slope, the following explanatory table is provided as part of this definition.
Solar farm (also known as a Solar Energy System). The components and subsystems required to convert solar energy into electric or thermal energy suitable for use. The area of the system includes all the land inside the perimeter of the system, which extends to any fencing. The term applies, but is not limited to, solar photovoltaic (PV) systems, solar thermal systems, and solar hot water systems.
Special use permit. A permit issued to authorize development or land uses in a particular zoning district upon presentation of competent, material, and substantial evidence establishing compliance with one or more general standards requiring that judgment and discretion be exercised as well as compliance with specific standards. This definition includes permits previously referred to as conditional use permits.
Static message. Messages that contain static messages only, and do not have movement, or the appearance or optical illusion of movement during the static display period, of any part of the sign structure, design, or pictorial segment of the sign, including the movement or appearance.
Stealth or Stealth technology. Minimize adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such wireless telecommunications facilities, which shall mean using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances.
Storage, outdoor. All goods and materials not returned to an fully enclosed building at the end of each business day, regardless of whether such goods or materials are kept on the premises for retail sale, wholesale sale, storage, or use by a business on or off the lot. (To be classified as goods for sale and therefore exempt from regulation as outdoor storage, items must be placed with a fully enclosed building at the end of each business day). Up to two storage trailers placed on a single lot or in conjunction with a single principal use. All items awaiting or in process of repair except customary passenger vehicles awaiting repair which are not visibly damaged or are not used or intended to be used as "parts" vehicles (rather than being consider outdoor storage, such vehicles may await repair in any conforming off street parking lot associated with the principal use). Vehicles with more than two (2) axles, boats, manufactured homes, and trailers of tractor trailers awaiting or in the process of repair. Does not include construction equipment, where permitted, outdoor storage of construction equipment is regulated.
Stores. Business establishments where usual diversified goods are kept for retail sale.
Stream, intermittent. A watercourse that collects surface runoff and is shown as a dashed blue line on the most recent United States Geologic Survey (USGS) 7½-minute quadrangle topographic maps, is shown as an intermittent stream on the most recent US Department of Agriculture (USDA) Soil Survey, or is shown as an intermittent stream on the Natural Resource Conservation Service (NRCS) maps.
Stream, perennial. A watercourse that collects surface runoff and is shown as a solid blue line on the most recent USGS 7½-minute quadrangle topographic maps, is shown as a perennial stream on maps in the most recent US Department of Agriculture (USDA) Soil Survey, or is shown as a perennial stream on the Natural Resource Conservation Service (NRCS) maps.
Street, publicly dedicated. A dedicated and accepted public right-of-way for vehicular traffic. Includes the following:
Collector street frontage road local street alley.
Cul-de-sac minor arterial principal arterial.
Collector street. The collector street system provides land access service and traffic circulation within residential neighborhoods, commercial and industrial areas. It differs from the arterial system in that facilities on the collector system may penetrate residential neighborhoods, distributing trips from the arterials through the area to the ultimate destination. The collectors are further divided into major and minor collectors.
Frontage road. A street, parallel and adjacent to a principal or minor arterial, which provides access to abutting properties, protection from through traffic, and control of access to the major or minor thoroughfare.
Local street. The local street system consists of all roads not defined as arterials or collectors and primarily provides access to land with little or no through movement.
Alley. A public vehicular way providing service access along rear or side property lines of lots which are also served by one of the other listed street types.
Cul-de-sac. A short, street having one end open to traffic and the other permanently terminated by a vehicular turnaround.
Minor arterial. The minor arterial street system should interconnect with and augment the urban principal arterial system and provide service to trips of moderate length at a somewhat lower level of travel mobility than principal arterials.
Principal arterial. The principal arterial system should serve the major centers of activity of a metropolitan area, the highest traffic volume corridors, and the longest trip desires; and should carry a high proportion of the total urban area travel on a minimum of mileage. Principal Arterials should be further divided into three subcategories: Interstates; Other Freeways and Expressways; and Other Principal Arterials.
Street line. The right-of-way boundary of a street.
Street, private. An interior circulation road designed and constructed to carry vehicular traffic from public streets within or adjoining a site to parking and service areas; it is not maintained nor intended to be maintained by the public.
Street, public. A right of way or fee simple tract of land which has been set aside for public travel, dedicated to the public by the recording of a subdivision plat, built to public street standards, and accepted for maintenance by either the Town of Surf City or the State of North Carolina.
Street right-of-way. Street right of way shall mean any public right of way set aside for public travel which is accepted or eligible to be accepted for maintenance by the State of North Carolina or the Town of Surf City if so authorized; or has been dedicated for public travel by the recording of a plat or a subdivision which has been approved or is subsequently approved by the town; or has otherwise been established as a public street prior to the adoption of this ordinance.
Structure. Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. The connection of two (2) buildings by means of an open porch, breezeway, carport, or any other structure with or without a roof shall not be deemed to make them one building.
Subdivider. Any person, firm or corporation who subdivides or develops any land deemed to be a subdivision as defined in the Subdivision Ordinance of the Town of Surf City.
Substantial improvement. Any repair, reconstruction, expansion, or improvement of a structure, the cost of which exceeds fifty (50) percent of the assessed value of a structure as determined either before the expansion or improvement begins or before the damage occurred giving rise to the repair or reconstruction. Substantial improvement shall not include, however, any repair or improvement required to bring the structure into compliance with existing state or town health, sanitary, safety, or building code specifications necessary to ensure safe habitation of the structure.
Swimming pool. A water-filled enclosure, permanently constructed or portable, having a depth of more than eighteen (18) inches below the level of the surrounding land, or an above ground pool having a depth of more than thirty (30) inches designed, used, and maintained for swimming and bathing. This includes in-ground, above ground and on ground swimming pools, hot tubs and spas.
Telecommunications. The transmission and/or reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.
Temporary structure. A building placed on a lot for a specific purpose which is to be removed within a specified time period. Examples of temporary structures are monitoring station, mobile class room, construction trailer, and produce stand.
Town attorney. The attorney for the Town of Surf City, duly retained by the town council of the Town of Surf City.
Townhouse. An attached, single-family dwelling located or capable of being located on an individual lot, which is part of a structure of three (3) or more attached, single-family dwellings separated from one another by party walls without doors, windows, or other provisions for human passage or visibility through walls from basement to roof and having roofs which may extend from one (1) such dwelling unit to another.
Town council. The elected governing body of the Town of Surf City.
Town manager. The top administrative person responsible for the day to day operations of the Town of Surf City.
Tract. A tract is a piece of land whose boundaries have been described or delineated by a legal instrument or map recorded in the office of the register of deeds.
Travel trailer. A wheeled vehicular portable structure built on a chassis, designed to be used as a temporary dwelling for travel and/or recreational purposes, having a body width not exceeding eight (8) feet. This is also intended to include structures mounted on auto or truck bodies that are referred to as campers.
Travel trailer lot. A plot of land within a travel trailer park designed for the accommodation of one (1) travel trailer.
Treatment center. A facility designed for seven or more patients seeking the treatment of alcohol or other drug abuse.
Triplex. A residential building containing three attached dwellings in one building in which each unit has at least two open-space exposures and shares one or two walls or floors with an adjoining unit or units.
TV dish antenna. Earth satellite receiving stations, hereafter called dish, TV dish, or dish antennas, are dish-shaped structures and located as to receive electromagnetic signals from space satellites.
Unbuildable Oceanfront lot. Any lot that does not allow for the construction of a single family home under the CAMA regulations.
Variance. A grant of relief from the requirements of this ordinance, including requirements adopted by the State of North Carolina that are incorporated into this ordinance.
Vehicular use area. All open areas and open spaces on the land which are designated, used, required or intended to be used for storage, parking, maintenance, service, repair, display, circulation, or operation of vehicles, including automobiles, buses, trailers, trucks, boats, and motorcycles. This definition is intended to include areas used or intended to be used for driveways to such vehicular use areas but does not include improvements to public roads, streets, highways, and alleys.
Vehicle service. A facility involved in providing limited service and maintenance to passenger vehicles and other small consumer vehicles. Such minor operations are primarily provided while customers wait for their vehicles. Limited vehicle service shall include the following: alignment shop; quick lubrication facilities; brake service, battery sales and installation; outdoor car wash; auto detailing and tire sales and mounting; or any similar use.
Vehicle repair. A facility involved in providing repair services and body work to passenger vehicles, light and medium trucks, tractor trailers, recreational vehicles, earthmoving equipment; construction equipment; farming equipment; and other consumer motor vehicles such as motorcycles and boats, or any similar use.
Vested rights. The right of an owner of property to undertake and complete the development and use of property under the terms and conditions of an approved site specific vesting plan or phased development plan.
Approval authority: In the case of applications for establishment of vested rights with respect to proposed subdivisions pursuant to the subdivision ordinance, the approval authority shall be the town council. In the case of all other applications for establishment of vested rights, the approval authority shall be the town council.
Multi-phased development means a development containing 25 acres or more that is both of the following: (1) submitted for development permit approval to occur in more than one phase and (2) subject to a master development plan with committed elements showing the type and intensity of use of each phase.
Owner: Any owner of a legal or equitable interest in real property, including heirs, devisees, successors and assigns, having a vested estate, and the agent or personal representative of such owner. For purposes of this article, owner shall include a person holding a valid and recorded option to purchase the real property with respect to which he seeks to establish a vested right.
Site specific vesting plan: A plan that has been submitted to the town by an owner, describing with reasonable specificity the type and intensity of use for a specific parcel or parcels of property. At a minimum, such plan must include the approximate boundaries of the site; significant topographic and other natural features affecting development of the site; approximate location on the site of proposed buildings, structures and other improvements; approximate dimensions, including height, of the proposed buildings and other structures; and the approximate location of all existing and proposed infrastructure on the site, including water, sewer, roads, and pedestrian walkways. Included within this definition are plans submitted pursuant to the following specific provisions, and meeting the requirements specified therein:
1. site plan review,
2. preliminary subdivision plan,
3. special use permit,
4. Any areas of environmental concern (AEC'S) as designated by CAMA which are present or adjacent to the site.
Notwithstanding the foregoing, no document that fails to describe the type and intensity of use for a specified parcel or parcels with sufficient particularity to allow a determination to be made as to whether the proposed case meets current zoning standards shall constitute a site specific vesting plan.
Veterinarian, animal hospital. A building used for the care and treatment of small animals, including household pets.
Wholesale/warehouse. A facility involved in the storage or movement of goods for themselves or other firms. Goods are delivered to other firms or the final consumer with little on-site sales activity to customers. Warehouse/warehouse shall include the following: bulk storage, including nonflammable liquids, feed and grain storage; cold storage plants, including frozen food lockers; household moving and general freight storage; separate warehouse used by retail store such as furniture or appliance store; bus barn; parcel services, mail order facility; stockpiling of sand, gravel, or other aggregate materials; transfer and storage business where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred; or any similar use.
Waste service. A facility that generally receives solid or liquid wastes from others for transfer to another location, collects sanitary waste or manufactures a product from the composting of organic material. Waste-related service shall include the following: animal waste processing; landfill, incinerator; manufacture and production of goods from composting organic material; outdoor recycle processing center; outdoor storage of recyclable material, including construction material; transfer station; or any similar use.
Water dependent structures. Those structures for which the use requires access or proximity to or sitting within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks, piers, bulkheads, and similar structures. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots, and commercial boat storage areas are not water dependent structures.
Watershed. The entire land area contributing surface drainage to a specific point (i.e., the water supply intake).
Wireless telecommunications facility. Includes a "telecommunications tower" and "tower" and "telecommunications site" and "personal wireless facility." A structure, facility or location designed, or intended to be used as, or used to support, antennas or other transmitting or receiving devices. This includes without limit, towers of all types and kinds and structures that employ camouflage technology, including, but not limited to structures such as a multi-story building, church steeple, silo, water tower, sign or other structures that can be used to mitigate the visual impact of an antenna or the functional equivalent of such, including all related facilities such as cabling, equipment shelters and other structures associated with the site. It is a structure and facility intended for transmitting and/or receiving radio, television, cellular, paging, 911, personal telecommunications services, commercial satellite services, microwave services and services not licensed by the FCC, but not expressly exempt from the Town's siting, building and permitting authority, excluding those used exclusively for the Town's fire, police or exclusively for private, non-commercial radio and television reception and private citizen's bands, amateur radio and other similar non-commercial telecommunications where the height of the facility is below the height limits set forth in this subchapter.
Yard. The open space, unoccupied and unobstructed by a structure or portion of a structure, at grade, on a given lot extending from the lot line to the building. However, fences, walls, poles, posts, other customary yard accessories, yard ornaments, and yard furniture, and normal roof overhangs (not exceeding two (2) feet) may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility or movement.
Yard, Front or Street. An area extending between side lot lines across the front of a lot adjoining a street. Depth of required front yards shall be measured at right angles to a straight line joining the foremost point of the side lot lines at which the lot meets the normal minimum lot width required by the ordinance. In the case of lots with rounded property corners at street intersections, the foremost point of the lot lines shall be assumed to be the point at which the side and front lines would have met without such rounding.
Yard, Rear. An area extending across the full width of the lot and lying between the rear lot line and a line parallel thereto at a distance therefrom as required in the applicable district.
Yard, Side. An area extending along the length of the lot between the required front yard and the required rear yard, and between the side lot line and a line parallel thereto and a distance therefrom as required in the various districts.
Yard, Side Street. An area extending the length of the lot between the required front yard and required rear yard, and between the side street lot line and a line thereto and a distance therefrom as required in the various districts.
Zero lot line. A design option for single-family, detached units where only a single side yard shall be provided at a width equivalent of two minimum side yards of a conventional detached unit in the zoning district in which the unit is located. The building is constructed on the lot line where a side yard is not provided.
Zoning permit. A written warrant as described in Section 3.8 issued by the Administrator authorizing the particular use of activity. A building permit is a written warrant issued by the building inspector authorizing construction, renovation or demolition.
Zoning vested right. A right pursuant to G.S. 160D-102 to undertake and complete the development and use of property under the terms and conditions of an approved site-specific development.
(Ord. No. 2024-15, 11-5-24)