On the agenda: Surf City 10/06/2026 - October 6, 2026 — flock camera (Oct 6)

SURF CITY TOWN COUNCIL REGULAR MEETING AGENDA
Tuesday, October 6, 2026, 6:00 PM
Surf City Municipal Complex – 214 W. Florence Way
Stream Live: www.youtube.com/townofsurfcity
I

CALL TO ORDER -

Teresa B. Batts, Mayor

II

INVOCATION –

Nathan Swartz, Chapel Bay Church

III

PLEDGE OF ALLEGIANCE –

Ryan Hall, Surf City Middle School

IV

BEAUTIFICATION & ENHANCEMENT COMMITTEE AWARDS Business of the Month:
Go Gas
Home of the Month:
219 Atkinson Point Rd.
PROCLAMATIONS -

V

Fire Prevention Week

MAYOR'S REMARKS We ask that all in attendance please set your cell phones to silent or vibrate mode. The Council offers the public
an opportunity to speak during the meeting. Speakers will be acknowledged in the order in which they sign up to
speak Groups of individuals speaking on the same topic will need to pick an individual speaker to represent the group
as a whole. Speakers will address the Council from the speaker’s podium and will begin their remarks by stating
their name and address. The public comment period is designed so that The Council can hear from you. The
public comment period is not a time for individuals to address matters that the Board does not have control
over. In order to maintain decorum, the following rules will be strictly enforced:
1. Citizens will address all comments to the Board as a whole and not one individual councilmember
2. Each speaker or group representative is limited to 3 minutes. At the end of the 3 minutes, you should stop
speaking and return to your seat.
3. Discussions between citizen speakers and members of the audience will not be allowed. Likewise, public
comment is not intended to require the Board to answer any questions. Your questions, if there are any,
may be addressed at the end of the meeting by the council during their closing comments or the matter
may be referred to the Town Manager for follow-up.
4. Members of the public are prohibited from engaging in applause, hooting, hissing or other loud
exchanges.
5. Any comments where the primary purpose is intended to promote a business or candidacy are not
allowed.
These rules are necessary to maintain decorum in this meeting and are based on the Council's adopted Rules of
Procedure.

VI

ADOPTION OF THE AGENDA

VII

PUBLIC COMMENTS - Citizens have an opportunity to address the Council for no more than
three minutes per speaker on topics which concern the agenda items of this meeting.

VIII

APPROVAL OF THE CONSENT AGENDA

Items under Consent are generally of a routine nature. The Board may take action to
approve/disapprove all items in a single vote. Any item may be withheld from a general action, to be
discussed and voted upon separately at the discretion of the Council.
1. Approval of Minutes- September 1, 2026, September 17, 2026
2. Resolution – Surplus
3. Committee Appointment – Ryan Summerfield to Parks, Recreation & Tourism Committee
Specific Action Requested: It is requested that the Town Council consider approval of the consent agenda
as presented.
IX

PUBLIC HEARINGS –
1.

Zoning Text Amendment 7.7 Building Design Standards, SB445 Compliance
A.

Open Public Hearing

B.

Public Comment

C.

Close Public Hearing

Specific Action Requested: It is requested that the Town Council consider approval of the
Zoning Text Amendment as presented.
2.

Economic Resiliency Corridor
A.

Open Public Hearing

B.

Public Comment

C.

Close Public Hearing

Specific Action Requested: It is requested that the Town Council consider approval of the
plan as presented.
X

OLD BUSINESS –
3.

412 Roland Ave, 4235-80-4097-0000 Special Use Permit Order
Specific Action Requested: It is requested that the Town Council consider approval of the
Order as presented.

XI

NEW BUSINESS –
4.

Digester Budget Ordinance Amendment Fund 72
Specific Action Requested: It is requested that the Town Council consider approval of the
BOA as presented.

5.

Digester Budget Ordinance Amendment Fund 84
Specific Action Requested: It is requested that the Town Council consider approval of the

BOA as presented.
6.

Grant Application, “Complete the Trail”
Specific Action Requested: It is requested that the Town Council consider approval of the
grant application as presented.

7.

Internal Control Policy
Specific Action Requested: It is requested that the Town Council consider approval of the
policy as presented.

XII

MANAGER'S REPORT

XIII

TOWN ATTORNEY REPORT

XIV

PUBLIC COMMENTS - Citizens have an opportunity to address the Council for no more than
three minutes per speaker on topics which concern the agenda items of this meeting.

XV

COUNCIL FORUM

XVI

ADJOURNMENT

SURF CITY TOWN COUNCIL REGULAR MEETING AGENDA
Tuesday, September 1, 2026, 6:00 PM
Surf City Municipal Complex – 214 W. Florence Way
Stream Live: www.youtube.com/townofsurfcity
Council Present:
Teresa B. Batts, Mayor
Hugh Cannady, Mayor ProTem
John Koloski, Councilman
Alicia Hawley, Councilwoman
Trudy Solomon, Councilwoman
Andy Pleil, Councilman
Staff Present:
Kyle Breuer, Town Manager
David Price, Assistant Town Manager/ Public Utilities Director
Brett DeSelms, Town Attorney
Carla Citarelli, Town Clerk
Bill Nas, Police Chief
Chris Houser, Police Captain
Tim Cowie, Police Lieutenant
Jeremy Smith, Community Development Director
Chris Wright, Information Technology Specialist
Allen Wilson, Fire Chief
Bella Larson, Parks, Recreation & Tourism Deputy Director
I

CALL TO ORDER -

Teresa B. Batts, Mayor

II

INVOCATION –

Nick Adams, The Gathering

III

PLEDGE OF ALLEGIANCE –

Emma Mabry, Coastal Elementary School

IV

BEAUTIFICATION & ENHANCEMENT COMMITTEE AWARDS ­ Presented to the owner of
Coconut Cove by the chairperson of the Beautification & Enhancement Committee, Sandi Monroe.

Business of the Month:
Coconut Cove - Mr. Shugarts thanked Surf City for the award and
they are excited to have increased activity on Roland Avenue.
Home of the Month:
2505 S. Shore Dr. – Sam & Diane Houston, not present
PRESENTATIONS- Surfin’ the City
Business:
Herrings Outdoor Sports – Steve Herring thanked the town and the
committee for the opportunity. He said this project was a way to show off what God has done for the Town of Surf
City.

Artist:
Ryan Wilhelm – works at Herrings. He said they collectively worked
together for the ideas. He thanked everyone for the opportunity.
PROCLAMATIONS V

Constitution Week – Read by the Mayor

MAYOR'S REMARKS ­

We ask that all in attendance please set your cell phones to silent or vibrate mode. The Council offers the public
an opportunity to speak during the meeting. Speakers will be acknowledged in the order in which they sign up to
speak Groups of individuals speaking on the same topic will need to pick an individual speaker to represent the group
as a whole. Speakers will address the Council from the speaker’s podium and will begin their remarks by stating
their name and address. The public comment period is designed so that The Council can hear from you. The
public comment period is not a time for individuals to address matters that the Board does not have control
over. In order to maintain decorum, the following rules will be strictly enforced:
1. Citizens will address all comments to the Board as a whole and not one individual councilmember
2. Each speaker or group representative is limited to 3 minutes. At the end of the 3 minutes, you should stop
speaking and return to your seat.
3. Discussions between citizen speakers and members of the audience will not be allowed. Likewise, public
comment is not intended to require the Board to answer any questions. Your questions, if there are any,
may be addressed at the end of the meeting by the council during their closing comments or the matter
may be referred to the Town Manager for follow-up.
4. Members of the public are prohibited from engaging in applause, hooting, hissing or other loud
exchanges.
5. Any comments where the primary purpose is intended to promote a business or candidacy are not
allowed.
These rules are necessary to maintain decorum in this meeting and are based on the Council's adopted Rules of
Procedure.

VI

ADOPTION OF THE AGENDA –
Motion to adopt the agenda made by Mr. Koloski, seconded by Ms. Solomon, all in favor, agenda adopted.

VII

APPROVAL OF THE CONSENT AGENDA
Items under Consent are generally of a routine nature. The Board may take action to
approve/disapprove all items in a single vote. Any item may be withheld from a general action, to be
discussed and voted upon separately at the discretion of the Council.
1. Approval of Minutes- August 4, 2026, August 20, 2026
2. Budget Ordinance Amendment – NCDOT Enhancement Grant
3. Budget Ordinance Amendment – Fire Professional Services
4. Regulatory Sign Policy
Motion to approve the consent agenda made by Mr. Koloski, seconded by Ms. Hawley, all in favor,
motion carried.

VIII

PUBLIC COMMENTS - Citizens have an opportunity to address the Council for no more than
three minutes per speaker on topics which concern the agenda items of this meeting.
Stan Griffin, 301C Mandalay Ct. – He made us aware of the 15th annual Paddle for Troops taking
place September 12 at Sears Landing. They have been able to distribute over half a million dollars
to date. Opening ceremonies are at 9am. There will be barbeque, live music, testimony and live
auctions. He also announced the upcoming inaugural Doxie Dash, a dachshund race. This will be
the following weekend, September 19th, in cooperation with the Salty Turtle’s October Fest. All
proceeds will benefit the Paddle for Troops.

Doug Taron, 105B Anchor Dr. – He came to announce the annual Poker Run for September 26th.
It’s a fundraiser for the Fire Department Auxilliary
Larry Rice, 712 Cockle St. – He spoke about the Multiuse Path which is happening soon on JH
Batts Rd. There are 7 trees to be taken down in front of one property. They are mature trees and
he’d like to see them moved. It would come with a cost and he has a contact of someone who would
do that. We need to save our trees. He was appreciative of the additions to the roundabouts. He
thanked the council for serving.
IX

PUBLIC HEARINGS – None

X

OLD BUSINESS –
1.
Chapter 4 Ordinance Amendment – Introduced by the Town Manager, Kyle Bruer. The
Parks, Recreation and Tourism Department is developing an Athletic Field and Court Policy to
educate staff and the public on allowed and prohibited uses of our programmable spaces. In
conjunction with the creation and adoption of this policy, staff is requesting to update Article III Parks and Recreation Areas under Sec. 4-51 Prohibited activities: It shall be unlawful for any
person in any parks, recreation center, playground, swimming pool, swimming area, ball field,
tennis court or any other recreation facility, and the parking facilities thereof, owned or controlled
by the Town of Surf City to: (s) Conduct business without prior written approval from the Parks,
Recreation and Tourism Department.
In addition, the clerk brought Article I, Beach Strand before the council earlier in the year for
revisions. During the codification process, it was discovered that a section that was intended to be
changed/added was omitted and not presented to the council. This will be an administrative action
to further clarify Chapter 4.
“Starting with article one which is due to focus on the beach strand section 4-4 advertisements we
provided consistency to the zoning ordinance regulating signs and in particular real estate signs.
Section 4-8, clean up language regarding allowable cooking devices on the beach, emphasizing no
open flames and no wood or charcoal. Section 4-9A, ocean use near fishing piers, including the
designation of public fishing piers, to also accommodate commercial fishing piers. Section 4-10
F2, cleaned up language referring to an owner being allowed to damage a sand dune. Section 413, C, D, and E. Cleaned up language to provide clarity and consistency as it relates to setting up
beach equipment around public beach accesses, emergency accesses, and sea turtle nests. Also
clarified that beach equipment is allowed to be stored overnight on private beach crossovers
temporarily provided they are secured and do not block safe passage along the crossover. Article 3
of chapter 4, section 4-51, prohibited activities included beach accesses within the designation of
parks and recreation assets. Section 4-51C, cleaned up language just for understanding of how
that ordinance reads. 4-51D included that anyone authorized to direct traffic in parks and town
property has the authority to conduct those activities. 4-51, removed the disallowance for someone
to picnic within the park only tied to designated areas. Section 4-51L cleaned up language
replacing “of” with “or”. 4-51S reiterated the disallowance of conducting business and providing
services without prior written approval within the parks. Section 4-51T remove specific amenities
from ordinance as the general statute defines these as it relates to the prohibition of firearms in
parks. And 4-51U clarified park hours with exceptions for use of the boat access area and kayak
launch. In summary, it's a lot of cleanup that was associated with chapter 4 and originally was

presented to address conducting business activities within the park. We're at a point where council
can approve the amended chapter including article one beach and article 3 parks and recreation
areas”.
Motion to approve the ordinance amendment made by Mr. Koloski, seconded by Ms. Solomon, all
in favor, motion carried.
2.
Contract Award – Charlotte Avenue – Mr. Breuer presented the item. Identified through the
Resilient Coastal Communities Program - Charlotte Avenue at the intersection of S. Shore Drive is
a hot spot for roadway flooding. Initial design was conducted through Phase III of the program
which has been modified since due to constructibility based on grant funding availability. Working
with the Town's contracted engineer, the design has been modified to allow for a feasible
alternative that meets the intent of the grant funding which will be the source of funding for this
project. An advertisement for bids was solicited with one bid being submitted. According to
statutory requirements, the project was re-advertised and additional bids were received. The
Town's engineer qualified the bids, and contract is include in your package. Atlantic Onsite
Development was the lowest bid at $117,554.76. They hope to start around September 14, 2026.
Mr. Pleil asked about the penalty clause and the meaning of substantial completion. Mr. Breuer
said it meant installed, tested and the completion of punch list items.
Motion to approve the contract award made by Mr. Koloski, seconded by Ms. Solomon, all in
favor, motion carried.
XI

NEW BUSINESS –
3.
Site Plan – Public Utilities Phase II – Mr. Jeremy Smith, Community Development Director
presented. The Town of Surf City is requesting approval of a major site plan for a proposed 42,000
square foot government facility (equipment and material storage) located within the G-1 Zoning
District and is a is a by-right development. The Technical Review Committee and the Planning
Board Recommend Approval. Project P-26-10, 1222 NC. Hwy. 210 East on 6.17 Acres. This is
directly behind the Public Utilities Building at the same location. Adjacent properties are zoned
residential, government and mixed use. There would be a large vegetative buffer. Required parking
is 1 space per one thousand. The existing natural tree line would remain. A photometric lighting
plan will be submitted. Sidewalk and access will include a section of the multiuse path along Hwy.
210. Vehicular access is the current driveway. There was no traffic impact analysis required.
Mr. Pleil said he appreciates the vegetative buffer. He asked about the trees that will be removed
from there, as they cannot be burned onsite. There are 2 significant trees to be protected.
Motion to approve the site plan made by Mr. Koloski, seconded by Ms. Hawley, all in favor,
motioned carried.

XII

MANAGER'S REPORT - Kyle Breuer.
USACE – CSRM Project - Following the execution of the Project Partnership Agreement,
staff remains engaged with Corps Real Estate and our Project Management Team. The Town has
released an RFP for appraisal services for the remaining properties in which an easement must be
obtained. Once selected, we will continue to move the process of easement acquisition along with
the goal of securing all real estate needs. It has been requested that the Town submit payment to
the Corps for pre-project design expenses. We are processing this request in partnership with the
State of NC and will remit payment in the amount of $525,000.

Waterline Resilience Project- Installation of the N. Shore multi use path continues and should be
completed in the next week or so. Roadway intersections will be striped
for crosswalks and additional pavement markings and signage will be completed. Contractors will begin
focusing on the Well 6 portion of the project and anticipate starting the process of boring under the ICW
beginning on September 21. This will require large sections of waterline to be fused together before it is
laid under the waterway, so if you see this in the ROW or staged, that is what is occurring.
Ph. 2 Subsurface Project - Crews remain on-schedule for the Ph. 2 subsurface project at Earl G. and
Inez Batts Recreation Complex. According to the construction schedule, 14-months of work remain on
this project. - Staff held a community meeting last week to address concerns of the Royal Palm
neighborhood as well as to answer questions about the project, park safety, and other topics. As a follow
up to this meeting Town Staff was able to work with the contractor to limit their work hours as well as
cut off a flashing light mounted to the security camera system.
PUB Ph. 2 - Site contractors have begun the land clearing process for Ph. 2 of the Public Utilities
Complex. The access from H20 Place has been cut in and temporary hours of operation restrictions
have been applied during the week at the Disc Golf Course.
Charlotte Ave. SW Project - With Council action this evening, we will look to move forward with the
Charlotte Ave stormwater project, our 4th project of similar nature to be completed. This will now
address 4 of 5 identified flooding hot spots recognized through the Resilient Coastal Communities
Program. Due to funding and grant timelines, staff is requesting that the contractor begin work on this
project starting September 14th. Communications will be shared with residents in this area as well as
posted on the website and social media. The Town has been asked to present on the successes of the
RCCP in Surf City at an upcoming conference in New Bern. Mr. Breuer, Mr. Smith and the Stormwater
Supervisor will be attending.
Traffic Management - Due to restrictions imposed by NCDOT, traffic management services have been
limited in scope as they completed the light optimization study. In cooperation with the Town of Topsail
Beach, we will deploy these services for the Labor Day weekend, which then conclude any sort of
seasonal traffic management services. I participated in a Roundtable discussion hosted by the Chamber
of Commerce last week which included local business stakeholders to seek opportunities for the Island
as a whole. I will bring some of the ideas and considerations to our Sound to Sea Partnership meeting
tomorrow morning. I have also asked that NCDOT come to a Town Meeting to present their findings
on the Bridge Ramp Metering Project and Light Optimization Study. They have committed to presenting
at the October Work Session.
Ladder Truck Acquisition - The Ladder Truck Committee has finalized their work and is prepared to
make a recommendation for a manufacturer moving forward. Chief Wilson will present at the Board's
September Work Session, to review their process, apparatus recommendation, as well as a
recommendation from finance on a plan to move forward for funding the acquisition.
Audit - The Auditors were here last week, working with staff to prepare their annual report to Council.
Every year, the Town is required to complete an outside audit of our finances and processes. A report
will be forthcoming, and I’d like to particularly thank our finance staff and other staff members that are
always accommodating and helpful to make sure we keep this process on-schedule.
Ebike and MUP Ordinance Meeting - The Town will be hosting a workshop on the development
of Ebike regulations as well as overall regulations governing the Multi Use Path. The meeting will be
held on September 28 from 6-8 p.m. here at Town Hall and will begin with an update on the MUP
development, regulatory framework authorized by the NC General Assembly, and efforts/ideas to date.
We will then ask participants to express their ideas based on topic areas such as safety
requirements, allowed users on the MUP, regulating speed and type of Ebike, etc. The meeting is meant
to be interactive and will help set the framework for revised ordinances in which will be presented back
to Council at your October Work Session. The Town held a pre-bid meeting on Segment 5 – JH Batts
Road last week, we had numerous contractors attend the meeting, which is a good sign for a competitive
bidding process. In addition, we have received the revised stormwater permit and are awaiting one last
easement for this segment. As a reminder, this is a shared cost with the Waterside Developer.

Labor Day - As we approach Labor Day, I wanted to thank all of our employees that take on additional
duties and responsibilities over the busy season. As a reminder, Town Offices will be closed on Monday,
September 7th and will reopen on Tuesday, September 8th. Labor Day also marks the time in
which Ocean Rescue and Beach Patrol wind down their operations. I hope everyone enjoys the holiday
weekend and remains safe.
XIII

TOWN ATTORNEY REPORT - None

XIV

PUBLIC COMMENTS - Citizens have an opportunity to address the Council for no more than
three minutes per speaker on topics which concern the agenda items of this meeting.
Melissa Kennedy, James Avenue – She wanted to share concerns about the cameras in Surf City.
She had warnings of 3 risks. One is stalking within the department because there is limited
oversight. Second, she spoke about errors and AI hallucinations. The cameras record 2 billion
images a day with a 1% error rate. When an innocent person gets accused, they have to pay out of
pocket to prove their innocence. The surveillance system violates the right to due process. Our
government is supposed to investigate crimes based on probable cause. Tracking innocent people
is government overreach. Her request is to remove them. However, she believes we should hold a
public forum to learn more about them.

XV

COUNCIL FORUM –
Mr. Pleil – The segment 7 multiuse path is interesting. He asked that it be remembered that the funding
for it came from the accommodation tax and water funds, so not property taxes. He also asked that if
people see others parking on the path, to try to let them know.
Mr. Koloski thanked the people for coming. He mentioned Meet me at the Sound last Friday and
congratulated the staff on a good event.
Mr. Cannady thanked everyone for coming out and thanked Mr. Griffin for mentioning Paddle for
Troops. Also, that day is the Colonel Classic, held in memory of Gary Cavenaugh and he encouraged
people to attend.
Ms. Hawley thanked the SRO officers at the schools for all that they do and for keeping everyone safe.
Ms. Solomon thanked everyone for coming out. She appreciates the Surf Boards.
Ms. Batts mentioned the event on August 17 in which the PPA was signed for the beach nourishment
project. All the staff came together to make it a success. She told Ms. Kennedy we are listening to the
flock camera issues. They also take the good into consideration. She told Mr. Rice they are trying to get
the multiuse path in place on JH Batts Rd.

XVI

ADJOURNMENT – Motion to adjourn made by Mr. Koloski, seconded by Ms. Solomon, all in favor,
motion carried. 6:48PM

TOWN OF SURF CITY
September 17, 2026
WORK SESSION AGENDA

Agenda

6:00PM / Thursday, September 17, 2026
Surf City Municipal Complex, 214 W. Florence Way
Watch Virtually: www.youtube.com/townofsurfcity
Council Present:
Teresa B. Batts, Mayor
Hugh Cannady, Mayor ProTem
John Koloski, Councilman
Alicia Hawley, Councilwoman
Andy Pleil, Councilman
Trudy Solomon, Councilwoman
Staff Present:
Kyle Breuer, Town Manager
Jonathan Eure, Town Attorney
Carla Citarelli, Town Clerk
Bill Nas, Police Chief
Sam Bright, Police Sargeant
Chris Houser, Police Captain
Allen Wilson, Fire Chief
Curtis Citarelli, Fire Battalion Chief
TJ Jones, Fire Battalion Chief
Jeremy Smith, Community Development Director
David Price, Assistant Town Manager/ Public Utilities Director
Chris Wright, IT Specialist
Melissa Moore, Finance Director
Ashley Riffle, Public Information Officer
Frank Sidoti, Parks, Recreation and Tourism Director
Call to Order – Mayor Batts
Invocation – Councilwoman Solomon
Pledge- Councilman Koloski
Introductions & Welcome – Mayor Batts

ADOPTION OF THE AGENDA –
Motion to add a closed session as item number 10 on the agenda, pursuant to NC GS 143-318.11
(a) (4-5), in reference to economic development and land acquisition made by Mr. Cannady,
seconded by Mr. Koloski, all in favor, motion carried.
Motion to adopt the agenda as amended was made by Mr. Koloski, seconded by Ms. Solomon,
all in favor, amended agenda adopted.
MAYOR'S REMARKS ­

We ask that all in attendance please set your cell phones to silent or vibrate mode. The Council offers
the public an opportunity to speak during the meeting. Speakers will be acknowledged in the order in
which they sign up to speak Groups of individuals speaking on the same topic will need to pick an
individual speaker to represent the group as a whole. Speakers will address the Council from the
speaker’s podium and will begin their remarks by stating their name and address. The public comment
period is designed so that The Council can hear from you. The public comment period is not a time for
individuals to address matters that the Board does not have control over. In order to maintain
decorum, the following rules will be strictly enforced:
1.
Citizens will address all comments to the Board as a whole and not one individual
councilmember
2.
Each speaker or group representative is limited to 3 minutes. At the end of the 3 minutes, you
should stop speaking and return to your seat.
3.
Discussions between citizen speakers and members of the audience will not be allowed. Likewise,
public comment is not intended to require the Board to answer any questions. Your questions, if there
are any, may be addressed at the end of the meeting by the council during their closing comments or the
matter may be referred to the Town Manager for follow-up.
4.
Members of the public are prohibited from engaging in applause, hooting, hissing or other loud
exchanges.
5.
Any comments where the primary purpose is intended to promote a business or candidacy are not
allowed.
These rules are necessary to maintain decorum in this meeting and are based on the Council's adopted
Rules of Procedure.

PUBLIC COMMENTS - Citizens have an opportunity to address the Council for no more
than three minutes per speaker.
Andrew Lemacks, 204 W. Craftsman Way – My name is Andrew Lemacks. I live on West
Craftsman Way. I'm a US Army veteran and a small business owner here locally. Husband and
father of four. I'm here tonight on behalf of my wife Nona who is working at one of the farmers
markets in Hampstead tonight. She wanted to be here, but as I said, she's at the farmers market
working to provide for our family. These markets are part of how she helps support our
children. We have four, as I've said. Recently, we were told that the Surf City Farmers Market
can no longer continue operating as it has been. We were originally told that it could go
through its scheduled events, which was through October. And the property owner apparently
was approached by Jeremy, and they were told that after tomorrow it's over. No exceptions.
Nothing was ever formally said to us. We don't have any other correspondence or
communication other than what has been told to us by the others. So it's significantly hurting
my family and I literally mean that immediately. This is my wife's source of income. Nona
created the Surf City Farmers Market at Surf City Brewing Company with their permission.

Depending on the week, 20 to 50 small businesses participate, some traveling more than 50
miles. I know some come from Leland, Burgaw, all over. Those vendors bring customers into
Surf City who spend money at local restaurants, businesses, and the brewery itself. Obviously,
the market also gives back to the community. Last month, Nona organized a supply drive for
Surf City Elementary School, and the school publicly thanked the Surf City Farmers Market this
morning on Facebook for that charity. She also had a September 25th event planned benefiting
a local dog rescue. Because that event is no longer going to happen, she was forced to refund
thousands of dollars in donations. I have the petition, which I did overhear some of you talking
previously. It has over 660 signatures already in just 24 hours, which according to US Census
Bureau is roughly a tenth of the population of this town. What troubles me the most is that when
the issue arose, the Town contacted the brewery and the property owner, but nobody ever
contacted Nona, who was the organizer. Before a decision with this kind of immediate impact
was made, I believe it would have been productive to explain the problem, hear her perspective
and discuss whether there was a lawful or productive solution. There was another concern that
deserves transparency. Nona created the market before the town created its own market.
Nobody's asking the town to close their market. We believe there's room for both friendly
competition, and they don't have to be on the same day. The town operates its own while also
exercising regulatory authority over the existing private market. It is especially important that
the process be fair, neutral, and consistent. So tonight, I'm not asking the council to resolve
every zoning issue. I'm asking for a formal meeting. I'm asking the town to sit down with Nona
and the appropriate town staff, identify exactly what the problem is, and work through the
available options.
Ms. Batts thanked Mr. Lemacks for speaking. Mr. Breuer asked Mr. Smith, Community
Development Director, to get Mr. Lemacks information to contact him.
Mike Curlee, 109 Lake Dr. – He wants to talk about the no parking signs on the canal streets.
He had spoken to the Town and has been fishing there for about 60 years. He checked with the
police department to see if there were any reports of anyone fishing on people’s docks and
piers. There are elderly people who live on the canals who like to drive up there to fish. There’s
a lady that takes her 3 kids there to fish but now they can’t anymore. He would like the signs to
be taken down or give them the 5 months of Oct. – Feb. to fish there.
Chuck Johnson, 108 Deer Run Rd. – He said he’s been coming here since 1947 and has been
fishing the canals in over 50 years. No one has ever complained to him about it. He’s been to
the homeowners on the corners there and asked if they had a problem with him parking there to
fish and they said no. He’s been working here for 38 people and many people on the canals are
friends and customers of his. The parents would prefer the kids to fish there because its shallow.
He abides by the law and doesn’t fish on someone’s property without asking. He’s a disabled
veteran and can’t walk far to fish.
Town Council Work Plan Items:
1.

Facilities Expansion Project Update – Representatives from DR Reynolds were present to give an
update on progress. They are finalizing the budgets and invoices for the expansions. The Public
Utilities Building should realize 820,000 under budget. At Station 25, they are $110,000 under
budget. They have started phase 2 of the public utilities expansion. They plan to have concrete
there by Thanksgiving. They are planning to finish up by April of 2027.
Mr. Pleil asked what was done with the timber. The representative did not know but it was likely

mulched. It was not burned but was hauled away.
2.

Bike & Pedestrian Plan Update - Community Development Director, Jeremy Smith gave an
update. September 8, they sent out the community survey which will run for a month. 300
responses so far. They hope to get at least 10% response. The steering committee will meet
October 28 and then they will have a community meeting on October 29.

3.

August Financial Update – Ms. Moore, Finance Director included the August Financial Update
in the Council’s Agenda Packet, which will be included in the minutes.
Mr. Pleil asked if we could get totals by departments as well going forward.

4.

Resolution - Surplus - Ms. Citarelli, Town Clerk has the following ready for surplus: Human
Resources - 4 filing cabinets, F&G, 2021 Golf Cart (1E9EB2A27MH572024), F&G, 2021 Golf
Cart (4M9M52B45MC020694), F&G, 2006 Ford Ranger (1FTYR11U27PA38024 Miles:
180,000), F&G, 2007 Ford Ranger (1FTYR11U47PA38025 Miles: 109,544), F&G, 2007 Dodge
Ram (1D7HU16P47J549325 Miles: 86,440), F&G, 2010 Ford F150 (1FTVX1EV0AKB35366
Miles: 141,838).
Mr. Pleil asked if these vehicles have been replaced. Mr. Breuer said he would get those answers
back to council.
5.
Resolution –Advance Elements of R5900 - Mr. Breuer asked Councilman Pleil to discuss
this item. The Towns of Surf City, Topsail Beach, and Holly Ridge came together to form the
Sound to Sea Partnership to evaluate items of interest to all three towns. Regional transportation
and traffic have been a topic of interest to the group and have been working on coordination and
strategic initiatives to benefit all three towns. We have done some experiments over the summer,
including the NCDOT placing a light on the bridge and using flaggers at the intersections.
NCDOT is coming to the October work session to give a presentation on what they have found
with their collected data, as well as their recommendations. At the group’s last meeting, it was
recommended that each town adopt a resolution requesting NCDOT to accelerate certain
elements of the R-5900 project that could potentially assist in the congestion at the NC50 and
NC210 intersection. The entire project is due to be complete in 2030, which will increase the
capability of that intersection to make traffic flow. Specifically, extending the westbound turning
lane onto NC Hwy. 210 leaving Surf City going towards US Hwy. 17 is the element that was
discussed. The Partnership is recommending that each respective Town adopt the resolution
requesting NCDOT to accelerate this element.
There was a motion to approve the resolution made by Mr. Pleil, seconded by Mr. Koloski, all in
favor, motion carried.
6.
Ladder Truck Proposal – Presented by Fire Chief Allen Wilson. This project has been
underway for a little over two years, and I would like to thank the folks that helped with this - Tim
Hobbs, Junior Hall, TJ Jones, Curtis Citarelli, Heath Collins, Carrie Chappel, and Chris
Benefield. The committee has spent hundreds of hours on this project. They completed a
specification process and met multiple times with manufacturers as well as current fire
departments that have current ladder trucks. and they reviewed final proposals. They reached a
recommendation and my goal tonight is just to briefly explain our process, the criteria we used
and why we're recommending the Spartan Smeal proposal and the action requested from council.
Our current ladder is reaching the end of its service life and our community is changing. We
require a reliable aerial apparatus capable of supporting suppression rescue and elevated
operations built to last for many years for our coastal environment. This perspective guided us
throughout the entire process. We approached our specifications with a simple philosophy.
Mission first and then manufacturer second. We focused on firefighter safety, operational

capability, functionality, durability, and long-term serviceability. We invited three manufacturers
into a multi-step process. Each participated in preliminary presentations, follow-up
presentations, and final proposals. We were able to refine our specifications, ask questions, and
give each manufacturer the opportunity to respond to our operational requirements. This process
allowed the committee to compare design, service, warranty, delivery, and long-term ownership
considerations. The final comparison centered on three areas. First was specification and design.
Does the truck meet our operational requirements? Second was cost of ownership and support.
What will it take to keep the apparatus operational over its service life? Third was purchase cost
and build time. What financial risk is attached to that price and how long will we wait for
delivery? Specification and design carries significant weight because this apparatus has to work
for our firefighters and our community for many years. We looked at construction component
choices that affect longevity. We specifically identified some corrosion resistant components
because we are purchasing an apparatus expected to service the town for decades. These
priorities were also at the forefront of our engine purchases back in 2020. The second area was
the cost of ownership. While purchase price is important, it does not tell us what the apparatus
will cost to own. We evaluated warranties, service access, parts availability, maintenance
complexity, as well as manufacturer support. We also considered downtime. This is a side-by-side
comparison. The Sutphen truck has the lower initial price, but its contract includes a PPI
exposure of 5%. Its delivery time is 32 to 34 months and warranty is 1 year. And it does not it did
not meet our specified corrosion protection package. E1 had the lowest initial price but it cannot
provide the ladder complement or the supply hose capacity required by our specification and it
also doesn't meet our corrosion protection requirements. The Spartan Smeal is the only proposal
that meets all of our requirements. Its proposal carries a 2-year warranty and has an 18 to 20month build time. The committee did not select this truck because it had more features. We
selected it because it best satisfies the requirements we established before receiving final
proposals. The Spartan spill is the only proposal that fully meets the latter hose equipment safety,
functionality, and corrosion protection requirements that we set forth. It also gives us the
strongest service position, the longest warranty, and the shortest build time. The recommendation
is therefore based on overall value and reduced operational risk rather than simply the lowest
purchase price. When we look at build time, build time is important because it has a direct
operation and operational and financial consequences for us. Apparatus downtime, uh, it directly
impacts our operational readiness. Additionally, we've already spent more than $85,000 just in
the past couple years repairing our current ladder truck. And that's not even complete because
we're still waiting for some invoices and some repairs to be done. Every additional month that we
wait for a replacement is another month we must maintain and rely on a 2003 apparatus. The
Martins meal delivery of 18 to 20 months significantly reduces that exposure compared to 32 to
34 months for the Sutphen and 36 to 42 months for the E1. The committee recommends the
Spartan Smeal aerial apparatus at a proposed price not to exceed $2,385,610. This is the only
proposal that fully meets all identified specifications, including our corrosion protection, a 2-year
warranty, the shortest build time, and service through Atlantic Coast Fire Trucks, with whom we
already have a long-term working relationship. In our judgment, those advantages justify the
modest initial price difference and provide the best overall value over the life of the apparatus.
This is a preliminary drawing of the truck. You'll see that it does have a very significant design
change. That configuration is moving from a rear-mounted platform to a mid-mounted platform.
And what that does, what that design provides is a lower overall travel height. It also improves
maneuverability while maintaining the aerial reach, platform capacity, and operational
capabilities we need. It also gives us greater flexibility when positioning the apparatus in tight
streets around elevated structures and limited access areas we routinely encounter. This was a
deliberate design decision based on how and where we operate. When we look at funding

considerations, during the budgeting process, staff, have considered several funding options,
including paying cash, using 100% prepayment discount, financing, or municipal leasing for the
apparatus. The 100% prepayment discount is $98,208,000. which would reduce the purchase
price to $2,287,402. However, based on the finance department's estimate, keeping those funds
invested during construction is expected to generate approximately $134,000 to $149,000 in
interest earnings, which is approximately $36,000 to $51,000 more than the prepayment discount.
So, the stronger financial position is to retain those funds and pay under the normal contract
terms, which is final payment at delivery. Financing or lease purchase is a viable option but is
materially more expensive. The lease purchase at 5.13% for 10 years, total interest payments just
over $720,000, resulting in total payments of just over 3.1 million. At 5.27% for 15 years, total
interest is just over 1.125 million, resulting in total payments of just over 3.5 million. This
comparison supports retaining the cash, earning investment income, and avoiding financing
expenses while still maintaining the flexibility of normal payment terms with payment due at
delivery. The recommendation is to pay $2,385,610 at delivery. This allows the town to continue
to earn investment income during the construction and avoids interest expense with the loan or
lease purchase. It is requested that the council approve entering into a contract with Atlantic
Coast Fire Trucks to purchase one fire department aerial apparatus in an amount not to exceed
$2,385,610 and authorize the town manager to execute the related documents. This
recommendation follows more than a year of specification development, manufacturer
presentations, proposal refinements, and committee evaluation. We believe this purchase provides
the best overall value to the town and allows us to move forward with replacing our critical aging
apparatus.
Mr. Pleil looked at the interest rates. He said the percentages given netted against the investment
income would be around 4%. He asked if we have done our due diligence in shopping around to
use the lease purchase under the government tax abatement program? Chief Wilson answered
that was the best rate that Terex and Rev Group could find. They shop the municipal leasing
through their lenders. He said we do not need to make the funding decision today, but we need to
approve the commitment to purchase.
Mr. Breuer explained that we could enter into a contract with for delivery in the estimated time of
18-20 months. If we see that a better rate through a municipal lease comes through, the council
can make the decision to finance that truck.
Mr. Pleil said there are other advantages to doing the lease purchase. In a lease purchase, we do
get title to the vehicle, but we also have to reissue every year the budget for that and under the
terms of the agreement, if we decide we don't want the truck anymore, we can just give it back. It
gives us one more flexible component.
Mr. Pleil would like to table the decision on how to pay for the truck.
Ms. Hawley asked how long they have to decide on financing. Mr. Breuer said he would not push
it out too far, not more than 9 months.
Mr. Breuer said he needs authorization from the council to execute agreements with the
manufacturer to get the process moving forward. 6-9 months from now needs to be the finish line.
Mr. Cannady asked if he could make a motion to enter into whatever is necessary to not get an
increase that’s coming, with the direction to staff to continue to look for better interest rates up
until whatever time is determined to be the point of no return and allow Mr. Breuer to complete
the documents; is that a valid motion? Mr. Breuer said yes and they could add it to the committee
agenda for updates if they find interest rates where they can finance it to the benefit of the
residents of Surf City.

Mr. Cannady made a motion to proceed with the recommended vendor to and direct staff to
continue to search for the best interest rates to purchase. Mr. Koloski seconded the motion.
Mr. Wilson added to authorize the manager to execute. He will work with the Town Manager and
Finance Manager.
Mr. Pleil said he can work with Mr. Breuer and Ms. Moore and would like for it to come back to
the board with the alternatives and have the council decide. He believes we have an opportunity
not to rush into this.
Mr. Breuer believes between now and January, they can get an idea if there are any other
options. Mr. Pleil added that they need to decide before planning the budget so it can be included.
All in favor, motion carried.
7.
Economic Resiliency Corridor – Mr. Smith, Community Development Director introduced
the item. Staff have been working with the Planning Board since July 2025 to develop the
Economic Resiliency Corridor framework and related updates to the Comprehensive Land Use
Plan. The Planning Board recommended approval of the original proposal to the Town Council
in December 2025. Staff subsequently presented the proposal to the Town Council during its April
2026 work session. During the work session, staff reviewed the proposed updates, received
comments and direction from the Town Council, and were instructed to return to the Planning
Board with revisions to the proposed language. To better align the Comprehensive Land Use
Plan update with the Town's Strategic Plan, staff revised the proposed Job Growth Corridor
concept and reclassified it as the Economic Resiliency Corridor. At its June 2026 meeting, the
Planning Board reviewed the revised corridor framework and implementation strategy.
Additional revisions were discussed and staff would make the adjustments and present at a future
meeting. At the August 2026 meeting, staff presented revisions that can be found in the staff
report. Staff and the Planning Board recommend approval. This is now from Cape Fear Surf City
Campus to Hwy 17 and the entire Hwy. 17 corridor through the Town. They have been identified
due to accessibility and potential. The purpose of the amendment is not to replace the future land
use categories. Instead, it would function as an additional policy layer to be used when making
decisions. He went over the desired land uses. The amendment adds 5 supporting policies, which
address economic diversity, regional connectivity, infrastructure efficiency, environmental
stewardship, and development of year-round employment base. With approval, he’d set a public
meeting for the October meeting.
Ms. Batts said this was discussed in the spring during the council workshop.
Mr. Pleil applauded Mr. Smith for listening to the council and the community and putting this
together. We are not going to avoid commercial development. Keeping that on the main corridor
is the best choice.
Consensus to hold the public hearing in October was given.
8.

Committee Appointments - Ms. Citarelli explained that there are 2 openings on the
Beautification & Enhancement Committee and 1 opening on the Parks, Recreation & Tourism
Committee. She gave out ballots for council to vote. Consensus was given to appoint Ryan
Summerfield to the Parks, Recreation and Tourism Advisory Committee.
Mr. Pleil made a motion to appoint Kerianne Brown to the Beautification & Enhancement
Committee, seconded by Ms. Solomon, all in favor. Ms. Brown was appointed.

9.

Automated License Plate Readers – Police Chief Bill Nas presented the attached PowerPoint.
Mr. Cannady asked if it reads all 50 states and the answer is yes. He also asked if it’s AI
integrated. Chief Nas said we do not subscribe to anything other than the basic.

Mr. Cannady asked about sharing with other agencies. The Town has to give another agency
approval and allow them to access the information, as it is not automatic. It can also be turned on
or off. Mr. Cannady asked how many agencies we share with reciprocally. The answer was about
50.
Mr. Pleil asked how many queries were there in an average month. Chief Nas said it’s in the 6
figure range. There are 3 locations, 4 cameras and the annual cost is $12,000, excluding the up
front costs. We are currently in a 5-year contract through 2028.
Ms. Hawley asked about other cameras that Flock, the company has. Chief Nas said we do not
subscribe to anything other than the license plate readers. She also asked how high the cameras
are. They are approximately 8 feet off the ground.
Ms. Batts said there are other flock cameras in Surf City but those are on private property, such
as Lowes or some HOA’s.
Mr. Pleil asked if there could be a link on the home page to get this information. Chief Nas said
yes, they can add that somewhere on the website that is easily accessible.
They spoke about auditing and many are doing so once a year. Ours is being audited monthly.
10. Closed Session pursuant to NCGS 143-318.11 (a) (4-5), in reference to economic development
and land acquisition.
Motion to go into closed session made by Mr. Cannady, seconded by Mr. Koloski, all in favor,
motion carried. 7:14pm
No action was taken in closed session.
Motion to come out of closed session made by Ms. Hawley, seconded by Mr. Koloski, all in favor,
motion carried.
ADJOURNMENT - Motion to adjourn made by Ms. Hawley, seconded by Mr. Koloski, all in
favor, motion carried.
8:04pm

RESOLUTION NO. 2026-32
RESOLUTION AUTHORIZING THE SURPLUS OF PROPERTY
WHEREAS, the Town Council of the Town of Surf City desires to dispose of certain surplus
property of the Town; and
NOW, THEREFORE, BE IT RESOLVED by the Town Council that:
The following described property is hereby declared to be surplus to the needs of the Town and
the Town Manager is hereby authorized to dispose of the listed items by any means allowable to
include offering for sale at public auction, donation to a non-profit organization, internet or
online, upset bid or destruction. Notice of public online auction will be advertised as required by
statute:
•

4 filing cabinets

•

2021 Golf Cart
VIN 1E9EB2A27MH572024

•

2021 Golf Cart
VIN 4M9M52B45MC020694
2006 Ford Ranger
VIN 1FTYR11U27PA38024 Miles: 180,000

•

•

2007 Ford Ranger
VIN 1FTYR11U47PA38025 Miles: 109,544

•

2007 Dodge Ram
VIN 1D7HU16P47J549325 Miles: 86,440

•

2010 Ford F150
VIN 1FTVX1EV0AKB35366 Miles: 141,838

PASSED, APPROVED AND ADOPTED this 6th day of October 2026, by the Mayor and
Town Council of Surf City, North Carolina.

_______________________________
Carla P. Citarelli, Town Clerk

_______________________________
Teresa B. Batts, Mayor

7.7 Building design standards.
A. Intent. The intent of this section is to promote and preserve the upscale coastal town
character through architectural compatibility and building design standards.
B. Applicability. The requirements of this section shall apply to all new construction
except:

1. Buildings subject to regulation by the Residential Code for One and Two-Family
Dwellings.

2. Telecommunication towers, religious institutions, government buildings, public
structures, agricultural uses and uses within the industrial districts.
3. When these standards may conflict with the Town's adopted Flood Damage
Prevention ordinance or CAMA requirements.

C. Architectural Drawings. Compliance with the requirements of this section shall be
demonstrated through submittal of building elevations showing all building facades in
conjunction with the appropriate development application. Elevations shall detail
compliance with the requirements of this chapter.
D. Design Standards.

1. Frontage. Except for where located on a corner lot or where a building is a part of a
complex:
a. The primary entrance of the structure shall be architecturally and functionally
designed on the front facade facing the primary street.

b. The front facade of the principal structure shall be parallel to the front lot line and
street.

2. Façade colors shall be of low reflectance earth tone, muted, subtle, or neutral colors.
Building trim may feature brighter colors as accent material. The use of high-intensity,
metallic, fluorescent, dayglow, or neon colors shall be prohibited.

3. Ground mounted mechanical equipment, solid waste storage, and recycling storage
shall be located to the rear or side yard and screened through the use of vegetation, fencing,
or similar materials as the principal structure from view of the street.
4. Outparcels shall be designed and integrated with the main project or principal
structure.

5. No single facade extending unbroken more than 35 feet in a horizontal plane may be
visible from a public roadway. All building façades shall include at least two of the
following items:
a. Change in plane of at least twelve (12) inches in depth.

b. Change in texture or masonry pattern.

c. Windows.

d. Awnings and/or canopies, so long as they meet the following criteria:

(1) Must have a minimum of nine (9) feet clear height above the sidewalk and must
have a minimum depth of three (3) feet.
(2) May extend into a required setback above private property, however they shall
not interfere with street trees, streetlights, or street signs.

e. All sides, including the rear of the building, shall include materials and design
characteristics consistent with those of the front. Use of inferior or lesser quality materials
on side or rear walls is prohibited.
6. A minimum of 25% of the first floor of the street facade(s) shall be transparent
(including all sides facing a street right-of-way). Street level windows shall be visually
permeable. Mirrored glass is not permitted in any location. False or display casements are
not permitted in lieu of exterior window treatments for the frontage elevation. A window
shall be measured as follows:
a. Minimum area: 16 square feet.
b. Minimum width: 3 feet.

c. Minimum height: 4 feet.

E. Building Design Standards Specific to the C-1 Zoning District.
1. Reserved.

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

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. 14202.10, 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. 106581.1. 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 sitespecific development plan as authorized by G.S. 160D-102 or having an approved sitespecific 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, selfcontained 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; miniparks; 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, noncommercial 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 sitespecific development.
(Ord. No. 2024-15, 11-5-24)

7.7 Building design standards.
A. Intent. The intent of this section is to promote and preserve the upscale coastal town
character through architectural compatibility and building design standards.
B. Applicability. The requirements of this section shall apply to all new construction
except:

1. Buildings subject to regulation by the Residential Code for One and Two-Family
Dwellings.

2. Telecommunication towers, religious institutions, government buildings, public
structures, agricultural uses and uses within the industrial districts.
3. When these standards may conflict with the Town's adopted Flood Damage
Prevention ordinance or CAMA requirements.

C. Architectural Drawings. Compliance with the requirements of this section shall be
demonstrated through submittal of building elevations showing all building facades in
conjunction with the appropriate development application. Elevations shall detail
compliance with the requirements of this chapter.
D. Design Standards.

1. Frontage. Except for where located on a corner lot or where a building is a part of a
complex:
a. The primary entrance of the structure shall be architecturally and functionally
designed on the front facade facing the primary street.

b. The front facade of the principal structure shall be parallel to the front lot line and
street.

2. Façade colors shall be of low reflectance earth tone, muted, subtle, or neutral colors.
Building trim may feature brighter colors as accent material. The use of high-intensity,
metallic, fluorescent, dayglow, or neon colors shall be prohibited.

3. Ground mounted mechanical equipment, solid waste storage, and recycling storage
shall be located to the rear or side yard and screened through the use of vegetation, fencing,
or similar materials as the principal structure from view of the street.
4. Outparcels shall be designed and integrated with the main project or principal
structure.

5. No single facade extending unbroken more than 35 feet in a horizontal plane may be
visible from a public roadway. All building façades shall include at least two of the
following items:
a. Change in plane of at least twelve (12) inches in depth.

b. Change in texture or masonry pattern.

c. Windows.

d. Awnings and/or canopies, so long as they meet the following criteria:

(1) Must have a minimum of nine (9) feet clear height above the sidewalk and must
have a minimum depth of three (3) feet.
(2) May extend into a required setback above private property, however they shall
not interfere with street trees, streetlights, or street signs.

e. All sides, including the rear of the building, shall include materials and design
characteristics consistent with those of the front. Use of inferior or lesser quality materials
on side or rear walls is prohibited.
6. A minimum of 25% of the first floor ground floor of the street facade(s) of a
commercial or mixed use building or a minimum 20% of the ground floor of a the street
façade of non-storefront use shall be transparent (including all sides facing a street rightof-way). Street level windows shall be visually permeable. Mirrored glass is not permitted
in any location. False or display casements are not permitted in lieu of exterior window
treatments for the frontage elevation. A window shall be measured as follows:
a. Minimum area: 16 square feet.
b. Minimum width: 3 feet.

c. Minimum height: 4 feet.

E. Building Design Standards Specific to the C-1 Zoning District.
1. Reserved.

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

SECTION 9.0 DEFINITIONS

9.2 Definitions.
Ground floor. The exterior wall area of a building measured from grade to 10 feet above
grade, excluding loading docks, service bays, mechanical areas, emergency exits, vehicular
doors, and other functional areas that are not reasonably treated as storefront facade.

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 on or after June 15, 1976, as defined in 42 U.S.C. § 5402(6), as amended. 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.
Non-storefront uses. ground floor of a building that has one of the following uses: (1)
Religious assembly or sanctuary space. (2) Medical or dental examination, treatment, or
healthcare services. (3) Educational instruction or counseling. (4) Civic or nonprofit
services. (5) Funeral services. (6) Lodge or meeting hall use. (7) Storage or back-of-house
operations. (8) Other institutional, assembly, or service uses not primarily operated as
walk-in retail, restaurant, bar, entertainment, or commercial storefront uses.

SURF CITY
NORTH CAROLINA
ORDINANCE 2026-13
AN ORDINANCE AMENDING APPENDIX A SECTION 7.7
BUILDING DESIGN STANDARDS AND SECTION 9.0 DEFINITIONS
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF SURF CITY, NORTH CAROLINA, THAT:
SECTION I, The Code of Ordinances Appendix A: Zoning Ordinance
7.7 Building design standards.
A. Intent. The intent of this section is to promote and preserve the upscale coastal town character
through architectural compatibility and building design standards.
B. Applicability. The requirements of this section shall apply to all new construction except:
1. Buildings subject to regulation by the Residential Code for One and Two-Family Dwellings.
2. Telecommunication towers, religious institutions, government buildings, public structures,
agricultural uses and uses within the industrial districts.
3. When these standards may conflict with the Town's adopted Flood Damage Prevention
ordinance or CAMA requirements.
C. Architectural Drawings. Compliance with the requirements of this section shall be
demonstrated through submittal of building elevations showing all building facades in conjunction
with the appropriate development application. Elevations shall detail compliance with the
requirements of this chapter.
D. Design Standards.
1. Frontage. Except for where located on a corner lot or where a building is a part of a complex:
a. The primary entrance of the structure shall be architecturally and functionally designed on
the front facade facing the primary street.
b. The front facade of the principal structure shall be parallel to the front lot line and street.
2. Façade colors shall be of low reflectance earth tone, muted, subtle, or neutral colors. Building
trim may feature brighter colors as accent material. The use of high-intensity, metallic, fluorescent,
dayglow, or neon colors shall be prohibited.
3. Ground mounted mechanical equipment, solid waste storage, and recycling storage shall be
located to the rear or side yard and screened through the use of vegetation, fencing, or similar
materials as the principal structure from view of the street.

4. Outparcels shall be designed and integrated with the main project or principal structure.
5. No single facade extending unbroken more than 35 feet in a horizontal plane may be visible
from a public roadway. All building façades shall include at least two of the following items:
a. Change in plane of at least twelve (12) inches in depth.
b. Change in texture or masonry pattern.
c. Windows.
d. Awnings and/or canopies, so long as they meet the following criteria:
(1) Must have a minimum of nine (9) feet clear height above the sidewalk and must have a
minimum depth of three (3) feet.
(2) May extend into a required setback above private property, however they shall not
interfere with street trees, streetlights, or street signs.
e. All sides, including the rear of the building, shall include materials and design
characteristics consistent with those of the front. Use of inferior or lesser quality materials on side or
rear walls is prohibited.
6. A minimum of 25% of the ground floor street facade(s) of a commercial or mixed use
building or a minimum 20% of the ground floor of a the street façade of non-storefront use shall be
transparent (including all sides facing a street right-of-way). Street level windows shall be visually
permeable. Mirrored glass is not permitted in any location. False or display casements are not
permitted in lieu of exterior window treatments for the frontage elevation. A window shall be
measured as follows:
a. Minimum area: 16 square feet.
b. Minimum width: 3 feet.
c. Minimum height: 4 feet.
E. Building Design Standards Specific to the C-1 Zoning District.
1. Reserved.
(Ord. No. 2024-15, 11-5-24)
9.0 Definitions
Ground floor. The exterior wall area of a building measured from grade to 10 feet above grade,
excluding loading docks, service bays, mechanical areas, emergency exits, vehicular doors, and
other functional areas that are not reasonably treated as storefront facade.
Manufactured Home. For manufactured homes built on or after June 15, 1976, as defined in 42
U.S.C. § 5402(6), as amended. 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.
Non-storefront uses. ground floor of a building that has one of the following uses: (1) Religious
assembly or sanctuary space. (2) Medical or dental examination, treatment, or healthcare services.
(3) Educational instruction or counseling. (4) Civic or nonprofit services. (5) Funeral services. (6)
Lodge or meeting hall use. (7) Storage or back-of-house operations. (8) Other institutional,
assembly, or service uses not primarily operated as walk-in retail, restaurant, bar, entertainment, or
commercial storefront uses.
SECTION II. SEVERABILITY CLAUSE. If any section, part of this Ordinance is declared
unconstitutional or invalid by a court of competent jurisdiction, then it is expressly
provided and it is the intention of the Town Council in passing this Ordinance that its parts
shall be severable an all other parts of this Ordinance shall not be affected thereby and they
shall remain in full force and effect.
SECTION III. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall take effect
immediately upon its passage and publication according to law.
READ, CONSIDERED, PASSED AND APPROVED at a regular meeting of the Town
Council of Surf City, North Carolina, at which a quorum was present, and which was held on
the October 6, 2026

Teresa Batts, Mayor
ATTEST:

Carla Citarelli, Town Clerk

_____________________________
Brett DeSelms, Town Attorney

Town of Surf City
TOWN COUNCIL
October 6th, 2026
Zoning Text Amendment
To:

Town Council

From:

Jeremy B. Smith, Community Development Director

Subject:

Text Amendment Appendix A Zoning Ordinance: Section 7.7 Building design
standards and Section 9.0 Definitions

Summary/Background
On August 11, 2026, Senate Bill 445 was signed into law as part of the General Assembly’s
regulatory reform legislation. The legislation establishes new limitations on the authority of
local governments to regulate certain building design elements, including minimum glazing
requirements for non-residential development.
The proposed amendment to Appendix A: Zoning Ordinance is intended to bring the Town’s
building design standards into compliance with the newly adopted state requirements.
Currently, Section 7.7, Building design standards generally requires the first-floor, street-facing
façade of non-residential buildings to provide a minimum of twenty-five percent (25%) glazing.
Under the new state standards, a local government may require no more than thirty-five
percent (35%) glazing for commercial or mixed-use buildings. The Town’s existing twenty-five
percent (25%) requirement is already within this limitation. However, the legislation establishes
a more restrictive limitation for non-storefront uses, providing that a local government may not
require glazing exceeding twenty percent (20%) of the applicable façade.
Accordingly, the proposed text amendment would revise Section 7.7 to distinguish between
storefront and non-storefront uses and reduce the minimum glazing requirement for applicable
non-storefront uses from twenty-five percent (25%) to twenty percent (20%). This amendment
is necessary to maintain consistency with state law while retaining the Town’s existing building
design standards to the extent permitted.
The proposed amendments is as follows, to Section 7.7 Building design standards, D. Design
Standards:
6. A minimum of 25% of the first floor ground floor of the street facade(s) of a
commercial or mixed use building or a minimum 20% of the ground floor of a the
street façade of non-storefront use shall be transparent (including all sides facing a
214 W Florence Way
Hampstead, North Carolina 28443

PO BOX 2475
Surf City, North Carolina 28445

PHONE (910) 328-4131
FAX (910) 328-4132

Town of Surf City
TOWN COUNCIL
October 6th, 2026
Zoning Text Amendment
street right-of-way). Street level windows shall be visually permeable. Mirrored glass is
not permitted in any location. False or display casements are not permitted in lieu of
exterior window treatments for the frontage elevation.
Additionally staff proposes to add two new definitions to Section 9.0 Definitions as follows:
Ground floor. The exterior wall area of a building measured from grade to 10 feet
above grade, excluding loading docks, service bays, mechanical areas, emergency
exits, vehicular doors, and other functional areas that are not reasonably treated as
storefront facade.
Non-storefront uses. ground floor of a building that has one of the following uses: (1)
Religious assembly or sanctuary space. (2) Medical or dental examination, treatment,
or healthcare services. (3) Educational instruction or counseling. (4) Civic or nonprofit
services. (5) Funeral services. (6) Lodge or meeting hall use. (7) Storage or back-ofhouse operations. (8) Other institutional, assembly, or service uses not primarily
operated as walk-in retail, restaurant, bar, entertainment, or commercial storefront
uses.
Senate Bill 445 also revised the definition of Manufactured home to align with U.S. 42 U.S.C. §
5402(6) and the following is proposed to be consistent with the state definition, this does
change where manufactured homes are allowed, it merely states more clearly language for
modern manufactured homes versus those built before June 15, 1976.
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 on or after June 15, 1976, as defined in 42
U.S.C. § 5402(6), as amended. 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

214 W Florence Way
Hampstead, North Carolina 28443

PO BOX 2475
Surf City, North Carolina 28445

PHONE (910) 328-4131
FAX (910) 328-4132

Town of Surf City
TOWN COUNCIL
October 6th, 2026
Zoning Text Amendment
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.
Comprehensive Land Use Plan Consistency:
The proposed text amendment is consistent with the Town of Surf City Comprehensive Land
Use Plan. Chapter 6, Tools for Managing Development, provides that “The Town shall follow all
local, state, and federal rules and regulations.” The proposed amendment brings the Town's
non-residential building design standards into compliance with newly adopted State law
governing local glazing requirements. The amendment therefore implements the Land Use
Plan's direction that the Town's development regulations operate in accordance with applicable
State requirements.
This amendment is necessary to maintain consistency with state law while retaining the Town’s
existing building design standards to the extent permitted.
Staff and Planning Board Recommendation
Staff and the Planning Board make a recommendation of approval for proposed zoning text
amendment as presented, finding that it keeps Appendix A: Zoning Ordinance consistent with
state law.
Attachments:
A. Section 7.7 Building design standards and Section 9.0 Definitions
B. Section 7.7 Building design standards and Section 9.0 Definitions – Draft Language
C. Proposed Ordinance

214 W Florence Way
Hampstead, North Carolina 28443

PO BOX 2475
Surf City, North Carolina 28445

PHONE (910) 328-4131
FAX (910) 328-4132

Town of Surf City
Town Council
October 6th, 2026
Economic Resiliency Corridor Implementation

To:

Town Council

From:

Jeremy B. Smith, Community Development Director

Subject:

Economic Resiliency Corridor Implementation

Summary/Background/History
Staff has been working with the Planning Board since July 2025 to develop the Economic
Resiliency Corridor framework and related updates to the Comprehensive Land Use Plan. The
Planning Board recommended approval of the original proposal to the Town Council in
December 2025. Staff subsequently presented the proposal to the Town Council during its April
2026 work session.
During the work session, staff reviewed the proposed updates, received comments and
direction from the Town Council, and were instructed to return to the Planning Board with
revisions to the proposed language. To better align the Comprehensive Land Use Plan update
with the Town's Strategic Plan, staff revised the proposed Job Growth Corridor concept and
reclassified it as the Economic Resiliency Corridor.
At its June 2026 meeting, the Planning Board reviewed the revised corridor framework and
implementation strategy. Additional revisions were discussed and staff would make the
adjustments and present at a future meeting.
At its August 2026, staff presented the following revisions to the Planning Board:
Economic Resiliency Corridors
A. NC Hwy 210 Corridor (Cape Fear Community College to US 17)
With the continued operation and planned expansion of Cape Fear Community College's
Surf City campus, this corridor provides opportunities for land uses that can benefit
from proximity to the college. In addition, direct access to the US 17 corridor makes this
area well-positioned for economic development.
B. US Hwy 17 Corridor (NC 210 to the Onslow County Line)
This corridor provides regional access to Jacksonville, Wilmington, Holly Ridge, and the
broader Onslow and Pender County areas. Ongoing construction and the eventual

214 W Florence Way
Hampstead, North Carolina 28443

PO BOX 2475
Surf City, North Carolina 28445

PHONE (910) 328-4131
FAX (910) 328-4132

Town of Surf City
Town Council
October 6th, 2026
Economic Resiliency Corridor Implementation
completion of the Hampstead Bypass are expected to further enhance the corridor's
attractiveness for development due to improved accessibility and infrastructure.
Proposed Land Use Category
The Economic Resiliency Corridor is intended to diversify Surf City's economy by identifying
areas where new development, redevelopment, and employment-generating uses can be
appropriately located based on regional access, highway visibility, available infrastructure, and
compatibility with surrounding development patterns.
Supporting a broader range of commercial, office, institutional, logistics, and innovation-based
uses will help create year-round employment opportunities, strengthen the Town's nonresidential tax base, and improve economic resilience beyond tourism-oriented activity.
This category functions in conjunction with the underlying future land use categories and serves
as an overlay along the NC 210 corridor from Cape Fear Community College (Surf City Campus)
to US 17 and the US 17 corridor to the Onslow County line
Desired Uses
•

Mixed-use development, neighborhood-serving commercial uses, limited-impact
manufacturing, light industrial uses, and redevelopment opportunities.

•

Commercial, office, institutional, and employment-generating uses that contribute
to economic diversity and year-round employment opportunities.

Inappropriate Uses
•

Stand-alone residential uses that are not part of a mixed-use development.

Implementation Considerations
•

Traffic and access management

•

Appropriate buffering from adjacent lower intensity uses

•

Regional employment and economic impacts.

214 W Florence Way
Hampstead, North Carolina 28443

PO BOX 2475
Surf City, North Carolina 28445

PHONE (910) 328-4131
FAX (910) 328-4132

Town of Surf City
Town Council
October 6th, 2026
Economic Resiliency Corridor Implementation

Proposed Policies
Policy 5.1.SS – Economic Resiliency Corridor: Economic Diversity
The Town of Surf City shall support economic diversity by encouraging a broader range of
employment-generating land uses, including mixed-use development, neighborhood-serving
commercial uses, limited-impact manufacturing, light industrial uses, and redevelopment
opportunities, and other compatible non-residential uses that expand the local tax base and
reduce reliance on seasonal tourism and service-based employment.
Policy 5.1.TT – Economic Resiliency Corridor: Regional Connectivity
The Town shall encourage land uses in areas with direct access to identified corridors areas
along NC 210 and US 17 in order to strengthen regional employment connections to
Jacksonville, Wilmington, Interstate 40, Pender County, and Onslow County.

214 W Florence Way
Hampstead, North Carolina 28443

PO BOX 2475
Surf City, North Carolina 28445

PHONE (910) 328-4131
FAX (910) 328-4132

Town of Surf City
Town Council
October 6th, 2026
Economic Resiliency Corridor Implementation
Policy 5.1.UU – Economic Resiliency Corridor: Infrastructure Efficiency
The Town shall prioritize economic development opportunities in areas where public utilities,
transportation capacity, multimodal infrastructure, broadband infrastructure, and other public
services can efficiently support non-residential growth.
Policy 5.1.VV – Economic Resiliency Corridor: Environmental Stewardship
New development should incorporate low-impact development practices and design techniques
that protect water quality and environmental resources.
Policy 5.1.WW – Economic Resiliency Corridor: Year-Round Employment Base
The Town shall support land use decisions that promote year-round employment opportunities,
expand the non-residential tax base, and increase opportunities for residents to work locally
within a diversified coastal economy.
Implementation
Staff has drafted how Economic Resiliency Corridor Land Use Category would be incorporated into the
Comprehensive Land Use Plan (Attachment A). The formatting follows the same format as other Future
Land Use Categories, and the proposed policies fall with the Land Use Compatibility goal set.
Staff and Planning Board Recommendation
Staff and the Planning Board recommend approval of the minor Comprehensive Land Use Plan update
to the Surf City Town Council.

214 W Florence Way
Hampstead, North Carolina 28443

PO BOX 2475
Surf City, North Carolina 28445

PHONE (910) 328-4131
FAX (910) 328-4132

ATTACHMENT A
Future Land Use

Economic Resiliency
Corridor

The Economic Resiliency Corridor is intended to diversify Surf City's economy by
identifying areas where new development, redevelopment, and employmentgenerating uses can be appropriately located based on regional access, highway
visibility, available infrastructure, and compatibility with surrounding development
patterns.
Supporting a broader range of commercial, office, institutional, logistics, and
innovation-based uses will help create year-round employment opportunities,
strengthen the Town's non-residential tax base, and improve economic resilience
beyond tourism-oriented activity.
This category functions in conjunction with the underlying future land use
categories and serves as an overlay along the NC 210 corridor from Cape Fear
Community College (Surf City Campus) to US 17 and the US 17 corridor to the
Onslow County line
Desired Uses
•

Mixed-use development, neighborhood-serving commercial uses,
limited-impact manufacturing, light industrial uses, and redevelopment
opportunities.

•

Commercial, office, institutional, and employment-generating uses that
contribute to economic diversity and year-round employment
opportunities.

Inappropriate Uses
•

Stand-alone residential uses that are not part of a mixed-use
development.

Implementation Considerations
•

Traffic and access management

•

Appropriate buffering from adjacent lower intensity uses

•

Regional employment and economic impact

Goals, Objectives, and Policies
Policy 5.1.TT – Economic Resiliency Corridor: Regional Connectivity
The Town shall encourage land uses in areas with direct access to identified corridors
areas along NC 210 and US 17 in order to strengthen regional employment connections to
Jacksonville, Wilmington, Interstate 40, Pender County, and Onslow County.
Policy 5.1.UU – Economic Resiliency Corridor: Infrastructure Efficiency
The Town shall prioritize economic development opportunities in areas where public
utilities, transportation capacity, multimodal infrastructure, broadband infrastructure, and
other public services can efficiently support non-residential growth.
Policy 5.1.VV – Economic Resiliency Corridor: Environmental Stewardship
New development should incorporate low-impact development practices and design
techniques that protect water quality and environmental resources.
Policy 5.1.WW – Economic Resiliency Corridor: Year-Round Employment Base
The Town shall support land use decisions that promote year-round employment
opportunities, expand the non-residential tax base, and increase opportunities for
residents to work locally within a diversified coastal economy

Town of Surf City
State of North Carolina
Order to Deny a Special Use Permit Modification
Case SUP P-26-8

The Town Council for the Town of Surf City (the "Town Council") held a quasi-judicial and
evidentiary hearing which began on August 4, 2026 and continued until the early hours of August
5, 2026, to consider application SUP P-26-8 submitted by ZAC, LLC for the modification of an
existing Special Use Permit to include two dry storage structures. Each proposed structure would
be a maximum of 48 feet tall and would house 100 boat storage units, for a total of 200 dry stack
storage units. The subject property is located at 412 Roland Avenue, further identified by PIN
4235-80-4097-0000.
All Town Council members were present for the hearing. With the unanimous approval of the
Town Council, Mayor Batts recused herself from the hearing on this matter due to a conflict of
interest arising from a potential financial interest in the subject property.
Having heard all the evidence and arguments presented at the hearing, the Town Council issues
this Order containing the following findings, conclusions, and determinations.
By unanimous vote, the Town Council CONCLUDES AND DETERMINES that the Topsail Island
Yacht Club, and its members, have standing as defined in Chapter 160D of the North Carolina
General Statutes and the Town's ordinance to oppose application SUP P-26-8. In support of this
conclusion and determination, the Town Council makes the following FINDINGS OF FACT:
a. The Topsail Island Yacht Club is located immediately adjacent to the subject property upon
which the proposed special use would be established.
b. The Topsail Island Yacht Club is an incorporated nonprofit association whose membership
is comprised of owners of units within the Topsail Island Yacht Club, and Topsail Island
Yacht Club was not created in response to the proposed special use or application that is
the subject of this proceeding.
c. The increased vehicular traffic generated by and associated with the proposed special use,
which is immediately adjacent to the Topsail Island Yacht Club, will cause traffic
congestion and delay for Yacht Club members and employees accessing and exiting the
Yacht Club property. A legitimate concern exists that the increased traffic and volume of
vehicles on the roadway from which both the users of the dry stack storage units in the
proposed project and the Topsail Island Yacht Club members access their properties in
close proximity will create a safety hazard for Yacht Club members and Yacht Club
employees entering and leaving the property. This increased traffic concern is different for
Topsail Island Yacht Club members and employees than increased traffic concerns held by
1

the community at large utilizing the roadway due to the proximity of access for both
adjoining properties off of the congestion roadway.
d. The proposed special use will permit the launching of up to 200 additional boats into the
channel in close proximity to the point at which Topsail Island Yacht Club members launch
and traverse the channel to reach the Intracoastal Waterway. The launch operations
associated with the proposed special use will be situated in a location that risks obstructing
and impeding the ability of Topsail Island Yacht Club members to safely navigate within
the channel. This is reflected in the proposed development's extension of pierhead lines
into the channel in a manner and location that creates a narrow passage for Topsail Island
Yacht Club's members, but not others who regularly travel through the channel for fuel,
dining (except for Marina Joes), or vessel rental. Increased waterway congestion and
conflict in this channel location, which is the Topsail Island Yacht Club's members' only
point of access to the Intracoastal Waterway, constitutes a safety risk and navigational
impairment to Yacht Club members that is separate and distinct from other community
members.
e. The boat launch pad and ramp for the proposed special use is situated in close proximity
to the Topsail Island Yacht Club's pool and clubhouse amenities. The operation of forklifts
associated with the boat launch operations will generate noise, diesel exhaust odors, and
dust and debris in the immediate vicinity of the Topsail Island Yacht Club's pool and
clubhouse. These conditions are expected to cause dust and other debris to enter the pool
area, which would subject Yacht Club members utilizing the pool and clubhouse to
unreasonable levels of noise and odor, thereby adversely impacting the use and enjoyment
of those facilities in a manner peculiar to the Topsail Island Yacht Club property and its
members.
To obtain approval of a special use permit modification request, all of the requirements set forth
in Section 3.21(C)(3) of the Town of Surf City UDO must be met. Based on the evidence received,
the Town Council concludes and determines that all of the requirements set forth in Section
3.21(C)(3) of the Town of Surf City UDO for the approval of a SUP modification HAVE NOT
been met as hereinafter described and explained as follows:
a. It is the Town Council's CONCLUSION, based on the weighing of conflicting evidence,
that the proposed special use DOES satisfy the first requirement listed in Section 3.21 of
the ordinance; namely the requirement that the proposed special use conforms to the
character of the neighborhood, considering the location, type, and height of buildings or
structures and the type and extent of the landscaping on the site. In support of this
conclusion, the Town Council makes the following FINDINGS OF FACT:
1) The proposed special use is compatible with the character of the surrounding
neighborhood, including the dry stack storage of Topsail Island Yacht Club, and the
proposed architectural design and landscaping will complement and enhance the
visual appearance of the area.

2

b. It is the Town Council's CONCLUSION that applicant DID NOT meet its burden to
produce competent, material, and substantial evidence tending to establish the existence of
the facts and conditions necessary to satisfy the second requirement listed in Section 3.21
of the ordinance; namely, the requirement that the proposed special use will not cause
undue traffic congestion or create a traffic hazard. In support of this conclusion, the Town
Council makes the following FINDINGS OF FACT:
1) The Town Council received and considered a traffic impact analysis prepared by
the applicant's traffic engineer. The Town Council received a report prepared by an
engineer for the Yacht Club as well. The Town Council places no weight on the
Yacht Club’s Engineer’s report as the engineer was not available at the hearing, and
therefore unable to be cross examined. Based upon its review and the testimony
presented by the applicant’s traffic engineer, the Town Council finds that the traffic
impact analysis and the applicant's other evidence fail to establish that the proposed
special use will not cause undue traffic congestion or create a traffic hazard.
2) The Town Council finds that while the applicant's traffic impact analysis identified
the number of vehicle trips anticipated to be generated by the proposed special use,
the analysis did not sufficiently address or account for the larger impact on the
Town’s transportation network, specifically as it relates to traffic on the island.
3) As the proposed special use is located on Topsail Island, the Town finds that the
applicant's traffic engineer's conclusion that many users of the proposed special use
will not be required to traverse across the bridge from the mainland to access the
proposed development, thereby contributing to increased traffic volume at this
limited access point, to be unfounded, unreliable, and not competent evidence.
4) The Town experiences significant seasonal population fluctuations. The applicant’s
traffic impact analysis and traffic engineer testimony applied a low seasonal
adjustment and did not accurately account for the traffic patterns and congestion
experienced in the Town at the property site during peak traffic periods, all of which
contributes to the Town's determination that the applicant did not submit competent,
material and substantial evidence tending to establish that the proposed use will not
cause undue traffic congestion or create a traffic hazard.
5) The roundabout at the base of the bridge on the Island contains three entry and exit
points, and the traffic impact analysis did not adequately account for this unique
infrastructure characteristic within close proximity to the proposed development
site when assessing the traffic volume and the capacity in this area to handle the
impact of additional vehicle trips generated by the proposed special use.
6) The roadways on the Island in close proximity to the proposed development site
currently experience a gridlock phenomenon during peak periods, and the
3

additional vehicles traveling to and from the proposed special use will add to
existing traffic congestion. The applicant did not present competent, material and
substantial evidence to address this issue.
7) The Island’s limited road infrastructure at the proposed development site raises
significant concerns regarding the amount of additional traffic that is tolerable,
particularly when such traffic originates from a location that further burdens the
bridge and roadway infrastructure. The applicant did not present competent,
material and substantial evidence to address this issue.
8) The Town finds that the applicant's traffic analysis and other presentation on this
requirement was not competent, material, and substantial evidence tending to
establish that applicant has met this requirement.
c. It is the Town Council's CONCLUSION that the proposed special use DOES satisfy the
third requirement listed in Section 3.21 of the ordinance; namely, the requirement that
adequate utilities (water, sewer, drainage, electric, etc.) are available for the
proposed special use. In support of this conclusion, the Town Council makes the following
FINDINGS OF FACT:
1) The parcel has been allocated sufficient water and sewer capacity for the proposed
special use and development, although such physical utility infrastructure has not
been fully installed. Such allocation is adequate to support the proposed special use
and the remaining development on the parcel, and each business, including the
proposed special use, will be required to have its own meter.
d. It is the Town Council's CONCLUSION, based upon the weighing of conflicting evidence,
that the proposed special use DOES NOT satisfy the fourth requirement listed in Section
3.21 of the ordinance; namely, the requirement the proposed special use shall not be
noxious or offensive by reason of vibration, noise, odor, dust, smoke, or gas. In support of
this conclusion, the Town Council makes the following FINDINGS OF FACT:
1) The proposed special use will involve the operation of two forklift vehicles, which
will generate vibration, noise, and odor to adversely impact the adjacent property
owners and interfere with their use and enjoyment of the Topsail Island Yacht Club's
pool and clubhouse facilities.
2) The proposed special use incorporates pervious surface material in connection with
the two dry stack structures, which, during forklift operations, may cause dust and
other debris to become airborne, thereby adversely affecting the use and enjoyment
of the Topsail Island Yacht Club's adjacent pool and clubhouse facilities.
3) The applicant's proposed special use positions the boat ramp and boat ramp launch
pad in immediate proximity to the existing pool and clubhouse facilities of Topsail
4

Island Yacht Club, which will result in excessive noise and other adverse impacts
to the adjacent property owners' use and enjoyment thereof.
4) The Town finds that the evidence presented by applicant was insufficient to show
that the proposed special use will not be noxious or offensive by reason of vibration,
noise, odor, dust, smoke, or gas.
5) The Town finds the applicant's proposed special use would be noxious or offensive
by reason of vibration, noise, odor, dust, smoke, or gas to the adjoining property
owners at Topsail Island Yacht Club.
e. It is the Town Council's CONCLUSION, based upon the weighing of conflicting evidence,
that the proposed special use DOES satisfy the fifth requirement listed in Section 3.21 of
the ordinance; namely, the requirement that the establishment of the proposed special use
shall not impede the orderly development and improvement of the surrounding property.
In support of this conclusion, the Town Council make the following FINDINGS OF FACT:
1) The proposed special use will not impede the orderly development and
improvement of the surrounding property as the adjoining properties are already
developed and the proposed special use is compatible with the existing
development pattern in the area.
f. It is the Town Council's CONCLUSION, based on the weighing of conflicting evidence,
that the proposed special use DOES NOT satisfy the sixth requirement listed in Section
3.21 of the ordinance; namely, the requirement the establishment, maintenance, or
operation of the proposed special use shall not be detrimental to or endanger the public
health, safety, or general welfare. In support of this conclusion, the Town Council makes
the following FINDINGS OF FACT:
1) In 2016, the Town determined that the channel was narrow and congested with
traffic during the summer months. Since 2016, additional docks and launches have
been installed within the channel.
2) In 2016, the Town applied to the North Carolina Wildlife Commission for the
channel to be declared a no-wake zone area. In the No-Wake Zone Matrix signed
by the Wildlife Commission and prepared with the Town, it stated the following:
a. "Town reports that this is a narrow channel containing fueling docks, a
commercial fish house, and public vessel access for commercial and
residential boaters. High traffic area that the Town believes is a public safety
hazard at unregulated speeds."
b. "The area is a narrow channel that travels by an area of mobile homes with
docks. a seafood market with docked commercial vessels. a public fuel
dock, a storage marina, and a vessel rental business at the end of the canal.
5

All of these things combined create congestion in a small area. The area
around the fuel dock is a specific concern."
c. "This canal is a small area and it does not take a lot of vessel traffic to
become congested."
3) The undisputed testimony was that the channel has gotten more congested with
traffic since 2016.
4) The Town received and considered the testimony of Jason Dail of Coastal
Permitting Specialists, LLC and the testimony and survey of Jamie Pratt of TI
Coastal Services, Inc. The Town also received and considered the testimony and
presentation from Margaret Boshek, PE, Coastal Engineer with Kimley-Horn.
5) The proposed special use will materially increase peak hour vessel movement
through the waterway channel, creating potential hazards from opposing traffic,
return surges during inclement weather, and conflicts with mixed waterway users
including kayaks and jet skis.
6) The channel currently serves multiple functions for existing users, including vessel
backing, staging, and launching operations, as well as rental, fueling, and
recreational activities. The addition of vessel traffic from the proposed special use
will further burden this already congested shared channel in a manner that will be
a detriment to, or endanger, public health, safety, or general welfare.
7) The proposed condition requiring dredging will have limited impact on safety
concerns, as it is the width of the channel, rather than its depth, that would need to
be increased to safely accommodate the additional vessel traffic generated by the
proposed special use.
8) The Town finds that the evidence presented by applicant was insufficient to show
that the proposed special use will not be detrimental to or endanger the public
health, safety, or general welfare.
9) The proposed special use will be detrimental to or endanger the public health,
safety, or general welfare based on congestion and safety hazards in the channel
that will be created or exacerbated by the activity associated with the proposed
special use.
g. It is the Town Council's CONCLUSION, based on the weighing of conflicting evidence,
that the proposed special use DOES satisfy the seventh requirement listed in Section 3.21
of the ordinance; namely, the requirement the proposed special use will not substantially
injure the value of adjoining or abutting property or, in the alternative, the use is a public
necessity. In support of this conclusion, the Town Council make the following FINDINGS
OF FACT:
6

1) The proposed special use will not substantially injure the value of adjoining or
abutting property as there is a demand for dry stack boat storage within Pender
County, and comparable dry stack facilities in the area have experienced
appreciation in rental rates over time.
2) Jack C. (Cal) Morgan, III, MAI, SRA, Al-GRS submitted a report and testimony on
behalf of the applicant. Mr. Morgan opined that the proposed project will not
substantially injure the value of adjoining or abutting property.
3) Two realtors/brokers, Hunt Reifschneider and Hunter Tayloe, submitted testimony
on behalf of Topsail Island Yacht Club. Mr. Reifschneider and Mr. Tayloe opined
that the proposed project will injure the rental and sale value of Topsail Island Yacht
Club boat slips in the adjoining property. The Council finds that the testimony of
these realtors is insufficient to rebut the testimony of Mr. Morgan, and therefore
disregards their testimony.
h. It is the Town Council's CONCLUSION, based on the weighing of conflicting evidence,
that the proposed special use DOES satisfy the eighth requirement listed in Section 3.21 of
the ordinance; namely, the requirement the proposed special use is consistent with the
officially adopted plans and policies of the town, including any specific use standards,
specifications, and other requirements of this Code or the Town Code of Ordinances. In
support of this conclusion, the Town Council makes the following FINDINGS OF FACT:
1) The proposed special use is consistent with policies 5.1.K, 5.1.L, and 5.1.I of the
Town’s officially adopted Comprehensive Land Use Plan.
BASED ON THE FOREGOING, the Town of Surf City DENIES application SUP P-26-8 for a
Special Use Permit modification.
Ordered this 6th day of October, 2026.

__________________________
Hugh Cannady, Mayor Pro-Tem
Town of Surf City Town Council
Date: _____________________
ATTEST:
___________________________
Carla Citarelli, Clerk to the Board
Date: ______________________
7

TOWN OF SURF CITY
BUDGET ORDINANCE AMENDMENT
Date: October 6th 2026
BE IT ORDAINED by the Governing Board of the Town of
Surf City, North Carolina, that the following amendments be
made to the annual budget ordinance for the fiscal year
ending June 30, 2027.
Section 1. Explanation of budget amendment

These funds are required to complete the Anarobic Digester
Project..

INCREASE BUDGETED REVENUE
Account Number
72-822-464-467351

Account Description
Sewer System Development Fees

Amount
10,000.00

Total

10,000.00

INCREASE BUDGETED EXPENDITURE
Account Number
72-822-464-573201

Account Description
Contruction Cost

Amount
10,000.00

Total

10,000.00

Section 2. Copies of these Budget Amendments shall be
furnished to the Clerk, to the Governing Board, to the Town
Manger, and the Finance Officer for their direction.
Adopted this the _6th day of October, 2026.
Teresa B. Batts, Mayor

ATTEST:
Carla P. Citarelli, Town Clerk

TOWN OF SURF CITY
BUDGET ORDINANCE AMENDMENT
Date: October 6th 2026
BE IT ORDAINED by the Governing Board of the Town of
Surf City, North Carolina, that the following amendments be
made to the annual budget ordinance for the fiscal year
ending June 30, 2027.
Section 1. Explanation of budget amendment

These funds are required to complete the Anarobic Digester
Project..

INCREASE BUDGETED REVENUE
Account Number
84-822-461-499900

Account Description
Apropriated Fund Balance

Amount
10,000.00

Total

10,000.00

INCREASE BUDGETED EXPENDITURE
Account Number
84-822-461-598067

Account Description
Transfer to Other Funds

Amount
10,000.00

Total

10,000.00

Section 2. Copies of these Budget Amendments shall be
furnished to the Clerk, to the Governing Board, to the Town
Manger, and the Finance Officer for their direction.
Adopted this the _6th day of October, 2026.
Teresa B. Batts, Mayor

ATTEST:
Carla P. Citarelli, Town Clerk

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