September 23 update · A message from Nona Phelps

The amendment is filed. Now we wait for the public review.

For full transparency, I am publishing the exact zoning text amendment I submitted to Surf City as TA-26-3. The proposal defines farmers markets, identifies where they could operate, and suggests safety and operating standards for a recurring permit. I have since received a confirmation message indicating that the proposal is expected to be reviewed in November. The market remains paused while that process moves forward.

Read the latest update View the petition

I was not given substantive guidance on how to draft the ordinance language. I spoke with nearby communities that support recurring farmers markets and prepared this proposal to the best of my ability. It is a proposal, not adopted law, and I expect the public review process may result in changes. TA-26-3 is not yet shown on a posted November agenda, so I will publish the official date as soon as the Town does.

September 23 status update TA-26-3 submitted · November review expected · Official agenda item still pending

Official agendas & minutes

Why this still matters

This is personal. It affects my family, my business and my community.

My name is Nona Phelps. I am the owner of Eat My Feelings and the organizer of the Surf City Farmers Market. I am also a wife and a mom of four.

On September 17, my husband Andrew spoke during public comment while I was working at the Hampstead Farmers Market. I had to be there because these markets are part of how I help support our family and our four children. Andrew went to the Council meeting so our concerns and the impact on other vendors could still be put on the public record.

I did not start this market as a political project. I started it because small businesses need places to meet customers, and because I believed Surf City could have a Friday-evening market that felt like a community gathering instead of just another transaction.

Depending on the week, roughly 20 to 50 local businesses participate or are represented. Some vendors travel more than 50 miles to participate and promote the market to their own customers, helping bring additional visitors into Surf City and the surrounding area.

I did attend the follow-up meeting Mayor Batts requested. I expected a working conversation about the ordinance and possible amendments. Instead, I was directed to upload a written proposal through the Town's planning system, and the meeting ended without a substantive discussion of the proposal.

I have now done what I was told to do. On September 22, I submitted the zoning text amendment and paid the required filing fee. The proposal defines a farmers market and lays out a framework intended to distinguish a recurring producer-focused market from flea markets, swap meets and temporary merchant tent sales.

I am disappointed that no temporary exemption or other interim path was offered while the amendment works through the Town's process. After the Council's response on September 17, I came away believing there is real interest in finding a lawful way for the market to continue. An interim solution would have made a meaningful difference for our family, our vendors and the community organizations affected while the permanent language is considered.

— Nona

September 23 progress update

TA-26-3 is filed, and I have received confirmation that review is expected in November.

Andrew addressed the market issue during public comment at the September 17 Town Council work session. Mayor Batts then asked staff to meet with me. The September 22 follow-up meeting was brief and procedural, so I submitted the zoning text amendment through the Town's formal planning channel afterward. I was not given substantive help drafting the language, so I spoke with several nearby communities and built the proposal to the best of my ability. I have since received a confirmation message indicating that review is expected in November.

9/17

Public comment is on the record

Andrew explained the impact on our family, participating vendors, charities and other Surf City businesses, and asked the Town to identify a lawful path forward.

9/22

The follow-up meeting took place

I met with Community Development Director Jeremy Smith. He directed me to the Town's online process for uploading a written proposal. We did not discuss the proposal or potential ordinance language in substance.

TA-26-3

The text amendment is now filed

My September 22 receipt identifies the filing as zoning text amendment application TA-26-3. The Town's published fee schedule lists a $300 fee for a zoning text amendment application, and the proposal now moves into staff and public review.

Where we stand

The amendment is submitted, but there is still no interim or permanent authorization for the market.

I appreciate that Council opened a route for the issue to continue instead of ending at the September 17 work session. I have now submitted the amendment the Town directed me to file. I am disappointed that no temporary exemption or other interim authorization was offered while the permanent ordinance language is reviewed. The next meaningful steps are staff review, Planning Board consideration and any Town Council action that follows.

September 17 agenda →

Full transparency

This is the proposal I submitted to the Town.

I was not given substantive guidance on how to word the text amendment. I spoke with several nearby communities that support recurring farmers markets and drafted this to the best of my ability based on the problem Surf City identified. This is proposed language, not an adopted ordinance. Town staff, the Planning Board and Town Council may recommend changes during the public review process.

Definition

Creates a distinct Farmers Market land-use category

The proposal defines a farmers market as a recurring, organized outdoor or semi-indoor marketplace centered on producer-direct sales of agricultural products, locally produced foods, plants and handcrafted regional artisan goods under a unified permit.

Where it could operate

Permitted in commercial districts, special use in specified civic districts

The submitted table proposes Farmers Markets as a permitted use in C-1, C-2 and Mixed Use commercial districts, with a Special Use permit in the listed civic and institutional districts.

Operating standards

One unified annual permit with safety and site rules

The proposal includes one market day per week per approved location, 8:00 AM to 8:00 PM operating hours, a 25% food/agricultural vendor minimum, off-street parking, a six-foot pedestrian path, emergency access review, sanitation requirements and temporary-sign rules.

Page one of Nona Phelps' proposed Surf City farmers market zoning text amendment — Page 1 · Intent, proposed definition and beginning of the permitted-use table

Page two of Nona Phelps' proposed Surf City farmers market zoning text amendment — Page 2 · Proposed zoning districts, annual permit, schedule, vendor mix and parking standards

Page three of Nona Phelps' proposed Surf City farmers market zoning text amendment — Page 3 · Pedestrian access, emergency access, sanitation and temporary-sign requirements

What happens next

I have received a message indicating the proposal is expected to be reviewed in November.

The Town has not yet posted TA-26-3 on a November agenda. Surf City's published process states that text amendments are reviewed by the Planning Board, which makes a recommendation before Town Council action. The Town already has a Planning Board meeting scheduled for November 12. I will update this page when the Town posts the specific TA-26-3 hearing and meeting dates.

Town text-amendment process Planning Board schedule

Vendors and visitors gathered near market booths

Families and visitors gathered at the market seating area

What happened

Here is the sequence as I understand it today.

I am sharing what I know firsthand, what the venue has told me, and what the Town's own public documents say. I am also preparing a public-records request because some important parts of the sequence are still unknown.

Our market was already established before the Town's current market series.

According to my event records, the Surf City Farmers Market was operating before the Town's current Shop the Sound Craft & Farmers Market series. After my market was established, a Town market organizer approached Eat My Feelings about participating in the Town's market without initially realizing that I was also the organizer of the Surf City Farmers Market.

The Town has cited its zoning rules as the reason the market cannot continue as it has.

The Town's current zoning ordinance says uses that are not specifically listed are prohibited unless the Administrator determines through the written-interpretation process that the proposed use is similar to another permitted use. Its temporary-use rules also place limits on certain outdoor sales and temporary events. Those are the provisions the Town has pointed to in communications about this market.

Town zoning ordinance

The brewery was approached. I was not.

According to my account and the venue's account, Town representatives raised concerns directly with Surf City Brewing Company in August. No one from the Town first came to me, the person who created and organized the market, to explain the problem or ask whether there was a way to address it.

The property owner was then brought into it.

The brewery later reported pressure involving the property owner and felt compelled to end the market earlier than we had planned. I do not yet know who contacted the property owner, exactly what was said, or how many Town officials or employees participated in those communications.

That process is what troubles me.

From my perspective, going to the venue and then the property owner without first speaking to me felt unfair. Because the Town also operates its own farmers market, it also raises an anticompetitive concern for me. That is my concern and interpretation; it is not presented here as a proven legal conclusion. The records should show who was involved, what was discussed and what alternatives were considered.

Andrew brought the issue directly to Council on September 17.

Andrew spoke during public comment at the September 17 work session and described the effects on our family, the vendors, charitable events and the wider local business community. He also asked why I had not been approached directly and what lawful path the Town would consider.

September 17 agenda Town meeting videos

The Town requested a direct follow-up meeting.

According to our firsthand account of the September 17 work session, Mayor Batts asked Jeremy Smith to meet with me to discuss the ordinance and possible amendments. That meeting took place on September 22.

The September 22 meeting was brief and procedural.

I went to the meeting expecting to discuss the market and possible ordinance changes. Instead, Jeremy Smith told me where to upload my written proposal through the Town's planning process. We did not have a substantive discussion of the proposal, ordinance language or an interim path for the market before the meeting ended.

Town Planning & Zoning Town permitting portal

I submitted the zoning text amendment on September 22.

The filing is identified on my receipt as TA-26-3. The proposed language defines a farmers market as a recurring, organized marketplace focused on producer-direct sales of agricultural products, locally produced foods, plants and handcrafted regional artisan goods, with a recurring schedule under a unified permit.

Town Planning & Zoning Town fee schedule

The amendment now moves through the formal public process.

The Town's zoning ordinance allows members of the public to initiate a text amendment. The published process calls for staff review, a Planning Board recommendation and then Town Council action after a legislative hearing. I have since received a confirmation message indicating that the proposal is expected to be reviewed in November. TA-26-3 is not yet shown on a posted November agenda, so I am continuing to watch the official record for the exact meeting and hearing date.

Section 3.17 text amendment process Planning Board submittal dates

No temporary exemption or interim path was offered while the amendment is reviewed.

I am disappointed by that. After the September 17 Council discussion, I came away believing there was interest in finding a lawful way for the market to continue. A temporary solution could have reduced the disruption to vendors, our family and charitable events while the permanent ordinance language moves through the required public process. No such interim authorization was offered to me at the September 22 meeting.

The public record still matters

We will keep following the official record while the Town and I work through the ordinance.

The text amendment has now been submitted, and I have received a message indicating November review is expected. I will link the Town's staff materials, Planning Board agenda, Council agenda and final decision as those records become public. Until TA-26-3 appears on an official agenda, the exact meeting date remains pending.

Official agendas & minutes

What is affected

This is bigger than one organizer and one Friday night.

The consequences reach participating businesses, the brewery, local charities, families, and people who intentionally travel into Surf City to spend time and money here.

20–50

Local businesses

Vendor participation varies by week, with roughly 20 to 50 businesses represented depending on the date and event schedule.

68%

Support from the immediate area

Organizer analytics captured from Change.org showed 68% of supporters concentrated in ZIP codes 28443, 28445 and 28411 — the immediate Surf City, Hampstead, Holly Ridge and nearby Wilmington area.

$1,000s

Donations that had to be refunded

Several thousand dollars intended for a local dog rescue had to be refunded after the September 25 charitable market event, which had been planned for months, could no longer proceed as scheduled.

A real example of what this market does

Last month, we organized a supply drive for Surf City Elementary.

On September 17, Surf City Elementary publicly thanked community members and local businesses for supporting its Kindergarten Team and specifically thanked the Surf City Farmers Market for organizing the supply drive.

The September 25 event was supposed to continue that charitable work by supporting a local dog rescue. Instead, the donations collected for that event had to be returned.

View Surf City Elementary's post

Surf City Elementary Facebook post thanking the Surf City Farmers Market for organizing a kindergarten supply drive — Screenshot of Surf City Elementary's public September 17 post.

A row of local vendors and visitors at the market

A mobile vendor setup at the Surf City Farmers Market

Visitors talking with a vendor at the market

Rows of market tents beside Surf City Brewing Company

Fresh food from a participating market vendor

Locally made sourdough at a market booth

Farm-fresh eggs displayed by a participating market vendor

Locally made seasonings displayed by a participating market vendor

Handcrafted decorative products at a vendor booth

Where the support is coming from

The petition support is concentrated here, not across the country.

At the time I captured the organizer analytics shown here, 68% of supporters were concentrated in ZIP codes 28443, 28445 and 28411. Those ZIP codes cover the immediate Surf City, Hampstead and Holly Ridge area and nearby Wilmington.

Other supporters have come from surrounding southeastern North Carolina communities such as Burgaw and the Jacksonville/Camp Lejeune area. Petition geography does not prove that every signer personally attends the market, but it does show that the support is overwhelmingly local and regional.

929 latest observed verified signatures

Change.org organizer analytics showing 68 percent of supporters concentrated in three nearby ZIP codes — Organizer-provided Change.org analytics screenshot.

Regional context

Markets operating with brewery and beer-garden venues are already part of the surrounding area.

The zoning and municipal circumstances are not necessarily identical, but the basic market-plus-hospitality model is not unusual in the communities around Surf City.

Hampstead

Farmers markets at Ironclad Golf & Beer Garden / Shaka Taco

Shaka Taco's current Hampstead page says its Ironclad Golf & Beer Garden property hosts farmers markets on Thursdays.

Shaka Taco source

Sneads Ferry

Topsail Island Local Vendor Market at Topsail Island Brewing

Jacksonville Tourism lists recurring Topsail Island Local Vendor Market dates at Topsail Island Brewing in Sneads Ferry, including September 2026.

Jacksonville Tourism source

What still needs to be resolved

The amendment is filed. The remaining questions are about review, timing and whether any interim path is available.

Mayor Batts asked staff to meet with me after the September 17 work session. The September 22 meeting did not become a working discussion about ordinance language, so I followed the direction I was given and submitted the zoning text amendment. The Town's published process now provides the framework for staff review, Planning Board consideration and eventual Town Council action.

Mayor

Teresa B. Batts

At the September 17 work session, the Mayor asked staff to meet with me. That meeting has now happened. The issue remains unresolved and will need to move through the Town's formal review and agenda process.

[email protected]

Community Development Director

Jeremy Smith

On September 22, he directed me to upload a written proposal through the Town's planning process. We did not have a substantive discussion of the proposal or potential ordinance language at that meeting. I submitted the text amendment later that day.

[email protected]

1.Now that TA-26-3 has been submitted, who will be responsible for the staff review and recommendation?

2.What is the earliest Planning Board and Town Council schedule on which the amendment could appear?

3.Is there any lawful temporary exemption, temporary use approval or other interim mechanism that could allow the market to operate while the amendment is reviewed?

4.What standards will staff use to evaluate the proposed recurring private-market framework?

5.How will any resulting rules be applied consistently to private and Town-sponsored markets?

6.Where will the public be able to review the amendment, staff report, recommendations, hearing notices and final decision?

Follow the public process

November review is expected, but TA-26-3 is not yet on a posted agenda.

Nona says she has received a confirmation message indicating that TA-26-3 is expected to be reviewed in November. The Town has not yet posted TA-26-3 on a November agenda. The Town's published process says zoning text amendments receive Planning Board review and a recommendation before final Town Council action, so this page will link the specific hearing and meeting dates once they are officially posted.

9/22

TA-26-3 submitted

Nona submitted the proposed zoning text amendment through the Town's planning process and paid the required filing fee.

Read the submitted proposal →

11/12

Scheduled Planning Board meeting

The Town lists a Planning Board meeting for Thursday, November 12 at 4:00 PM. TA-26-3 is not yet shown on that agenda, so this date is a scheduled meeting, not a confirmed hearing date for the amendment.

Planning Board schedule →

NOV

Review confirmation received

Nona says she received a confirmation message indicating that the proposal is expected to be reviewed in November. The exact TA-26-3 agenda and hearing date have not yet been posted publicly.

Watch official agendas →

Official records

Use the Town's own sources to follow what happens next.

The Town publishes agendas and approved minutes online, posts Planning Board materials, and provides previous and live meetings through its official YouTube channel. Nona has now submitted the text amendment through the formal planning process and will continue linking the public record as it develops.

Agendas & minutes Town YouTube Council calendar

Support & transparency

Thank you for helping us keep pursuing the formal process.

Any money contributed directly to this effort will be reserved for future Town filing fees, amendment applications and related paperwork required to pursue a lawful path for the market. The September 22 receipt shows $309.96 paid: a $300 Town zoning text amendment application fee plus a $9.96 online processing charge. I am deeply grateful to everyone who has contributed, shared information, followed the public process or otherwise supported the market.

The petition, Town contact information, agendas, minutes, Planning Board materials and future meeting dates are linked below so the public can review the issue and follow the Town's established process.

Petition Mayor & Council Planning & Zoning Agendas & minutes Future meetings Review sources

Sources & transparency

Read the underlying public information.

Public links are provided where available. The description of the September 17 public comment, the Mayor's request for a follow-up meeting, and Nona's account of the September 22 meeting are based on firsthand accounts. Nona's September 22 filing receipt identifies the amendment as TA-26-3 and shows a $300 application fee plus online processing; the Town's published fee schedule independently lists a $300 zoning text amendment application fee. Images of the proposal published on this page are the pages Nona says she submitted. Nona also says she received a confirmation message indicating November review is expected; because TA-26-3 is not yet on a posted November agenda, the exact public hearing date remains unconfirmed here. The Town's Planning & Zoning pages and zoning ordinance are linked for the formal review process.