The Table of Permitted and Special Uses and Special Requirements contains a column on the far right labeled "SR" for Special Requirements. In any case where a use listed in the Table has a number in the SR column opposite the use, that use must comply with the additional Special Requirements contained in this Section corresponding to the Special Requirements number. The Special Requirements may affect the development of the use in all zoning districts in which the use is allowed or only in certain districts, as may be set forth in this Section.
Principal Uses
SR-1 Dwelling, Single Family-Two Family
(1) In VCP and VMU Districts between any single-family residential use and non-residential use, a minimum of a Class 1 buffer shall be placed between uses by the non-residential user on the non- residential property.
(2) In Block J of the Pinehurst South Form Based District, development and redevelopment of existing lots of record shall conform to the standards of the R-5 district in 9.2a Table of Dimensional Requirements.
SR-2 Dwelling, Townhouse/Clustered Dwellings
(1) The common open space provided with the townhouse unit development shall be no less than twenty-five percent (25%) of the gross land area.
(2) The minimum setbacks required around the perimeter of the development tract shall be as required by the Table of Dimensional Requirements 9.2 a.
(3) The front wall on any unit or group of contiguous units shall not be set back beyond the rear wall of any adjacent unit or group of contiguous units where both face the same street or vehicle accommodation area;
(4) A townhouse unit lot frontage may be on open space properly restricted through a responsible entity to ensure adequate access. The minimum size for a townhouse or cluster dwelling unit is one thousand five hundred (1,500) heated square feet.
(5) The minimum lot width for a townhouse unit is twenty (20) feet.
SR-3 Dwelling, Multi-Family
(1) The minimum size for a multi-family dwelling is one thousand five hundred (1,500) heated square feet.
SR-4 Family Care Home (6 or fewer residents)
(1) Shall be a single-family dwelling;
(2) No family care home shall be located within one-half mile radius of an existing family care home measured from property line to property line.
(3) The following steps must be followed in order to obtain approval from the Village to operate a Family Care Home:
(a) Applicant submits a letter of intent.
(b) Applicant asks for a Zoning Verification Letter prior to receiving a State license. Fees in accordance with the adopted fee schedule apply.
(c) Obtain Development Permit after receiving a State license.
(4) In the event a development permit is issued for a family care home which invalidates another applicant's zoning verification letter, that applicant shall be notified.
SR-5 Dwelling, Mixed Use
(1) The dwelling units shall be located within the principal building, except in the VCP, VMU, or VC Districts where they may also be located in an accessory structure in the rear yard.
(2) The dwelling units shall not be located on the ground floor of the principal building.
SR-6 Manufactured Housing
(1) A continuous, permanent masonry underpinning such as brick, stone, stucco, split-face block (but not common concrete block), not pierced except for required ventilation and access, shall be installed under the mobile home;
(2) The tongue, axles, transport lights, and removable towing apparatus shall be removed subsequent to final placement.
SR-7 Bed and Breakfast Homes
(1) The use shall be located in a structure that was constructed as a single-family dwelling, and contains a minimum of three (3) and a maximum of nine (9) adult guest rooms. If the structure was not originally constructed as single-family dwelling a special use permit is required.
(2) A floor plan illustrating the entire facility shall be provided, showing ingress and egress from each room. Each room must have access to a hall or exterior door;
(3) No more than two (2) adult guests per room will be permitted at any one (1) time. No more than eight (8) total guestrooms will be permitted. The owner must be a permanently domiciled resident of the Bed and Breakfast;
(4) Meals served on the premises for paying guests shall be limited to breakfast;
(5) No alcoholic beverages shall be sold on the premises;
(6) Only one (1) unlighted sign will be permitted, which shall have maximum dimensions of two (2) feet high by three (3) feet wide, and not more than three and one-half (3½) feet tall at its highest point above ground level;
(7) Any interior modification shall be described in the application;
(8) Off street parking shall be provided in conformance with this Ordinance;
(9) Special events for guests such as wedding receptions, parties, etc., shall not be permitted;
(10) There shall be no less than one (1) bathroom consisting of a bath or shower, toilet, and sink for each guestroom.
SR-8 Hotel
(1) At least fifty percent (50%) of the level of the primary entrance shall not be used for guest rooms based on area square footage of that level.
SR-9 Short Term Rental
(1) After the effective date of this Ordinance, all applicants seeking to establish any new short-term rentals shall be required to obtain a Development Permit from the Village. All nonconforming short term rental dwelling units operated prior to the effective date of this Ordinance are not required to obtain any Development Permit or any other type of permit or permission as a condition to rent and are not required to register their short-term rental with the Village but may request issuance of a Nonconforming Use Certificate as set forth in subsection 2.3.2 of this Ordinance. All short-term rentals, whether lawful nonconforming uses or new short-term rentals established after the effective date of this Ordinance, shall comply with the following standards:
(a) A minimum of one (1) operable smoke detector shall be provided per bedroom (North Carolina State Building Code and 42-A-31(6) Vacation Rental Act);
(b) A minimum one (1) operable carbon monoxide detector shall be provided per level or floor of the dwelling unit. (42-A-31(6) Vacation Rental Act)
(c) Bedrooms and other habitable rooms shall meet the minimum light and ventilation requirements of Section 153.18 of the Pinehurst Municipal Code.
(d) Bedrooms shall meet the minimum size requirements of Section 153.19 of the Pinehurst Municipal Code.
(e) Ceiling Height. At least one-half of the floor area of every bedroom shall have a ceiling height of not less than seven feet and six inches (Section 153.19 (B) Pinehurst Municipal Code).
(f) Egress. Every dwelling unit shall be provided with adequate means of egress as required by the applicable provisions of the North Carolina State Building Code.
(g) To lessen congestion in the streets and to prevent the overcrowding of land as authorized by G.S 160D-701. A minimum of one (1) parking space per bedroom shall be provided on code-approved surfaces and locations.
(h) Cooking facilities are not permitted in any bedroom. For the purposes of this regulation, cooking facilities include any refrigerator in excess of seven (7) cubic feet; any stovetop range that operates on 220-volt electric service, any appliance that operates on natural gas; or any cooktop, whether integrated into a countertop or a separate appliance which contains more than two cooking surfaces or burners. This regulation shall not apply to single dwelling unit room rentals with a sleeping area, living area, and kitchen/eating area consolidated into one room.
(i) To ensure that the owners of short-term rentals provide fit and habitable housing as required by G.S. 42A-17(b), and to prevent the overcrowding of land, the avoidance of undue concentrations of population, to lessen congestion in the streets, and to prevent overcrowding of the lodging premises, and as authorized by G.S. 160D-701, the maximum occupancy per unit shall be based on two (2) adult guests per bedroom.
(j) Accessory Dwelling Units may be permitted for short term rental where Accessory Dwelling Units and Short Term Rentals are both permitted by right in Table 8.5.1a Table of Permitted and Special Uses and Special Requirements.
(k) Rental rules, including the maximum number of guests per stay, trash disposal procedures and sanitation schedules, noise ordinance hours, parking, and other listed SR-9 requirements shall be conspicuously posted at the main entrance along with the owner or property manager and emergency contact information.
SR-10 Neighborhood Lodging Accommodation (NLA)
(1) After the effective date of this Ordinance, all Neighborhood Lodging Accommodations (NLA) shall be required to obtain a Development Permit from the Village. All NLA's, whether lawful nonconforming uses or newly established after the effective date of this Ordinance, shall comply with following standards:
(a) Compliance with SR9 Standards 1) a-k.
(b) Submission of documentation that the Neighborhood Lodging Accommodation is located within a Planned Community Neighborhood as defined in Section 10.2 of this Ordinance.
(c) Submission of documentation that the Neighborhood Lodging Accommodation has been authorized or is not prohibited by the Declaration.
(d) Submission of documentation that the Neighborhood Lodging Accommodation is authorized and managed by a Master Association.
(e) Installation of a Landscape Screen per Section 9.5.2,4 (A)(2) of the PDO along the property line of the adjacent residential use not part of the Planned Community Neighborhood.
SR-11 Veterinary Services/Indoor Kennels
(1) All indoor kennels shall be within a completely enclosed building with no outside facilities (except as provided for in item #3 below) or accessory structures for animals, unless otherwise permitted in the district in which it is located.
(2) Veterinary clinics shall be designed so that sound emitted through the exterior walls, roofs, and enclosed areas where animals are treated or kept shall not exceed forty-five (45) decibels as measured at the property line.
(3) Veterinary clinics and/or indoor kennels which include outdoor spaces, runs, or other facilities shall require a special use permit.
SR-12 Sexually Oriented Business
(1) No business shall locate within two thousand (2,000) feet of any other sexually orientated business, as measured in a straight line from property line to property line;
(2) No sexually orientated business shall be located within: one thousand (1,000) feet of a church or any establishment with an on-premise ABC license; five thousand (5,000) feet of a public or private elementary school or secondary school, child day care or nursery school; seven hundred (700) feet of a public park, residence and/or residentially zoned property; or two thousand (2,000) feet from a nursing home. These distances shall be measured on a straight line from property line to property line, with no consideration as to intervening structures, roads, or landforms;
(3) There shall not be more than one sexually orientated business on the same property or in the same building, structure, or portion thereof;
(4) No other principal or accessory use may occupy the same building, structure, property, or portion thereof with any sexually orientated business;
(5) Except for the signs permitted by this Ordinance, no other advertisements, displays, signs or other promotional materials shall be visible to the public from pedestrian sidewalks, walkways, or vehicular use areas.
SR-13 General Retail
(1) No single retail use shall exceed twelve thousand (12,000) square feet in gross floor area unless a special use permit is obtained.
(2) In the VCP District, no single retail use shall exceed one thousand six hundred (1,600) square feet in gross floor area.
SR-14 Outside Sales
(1) General Standards
(a) Outside sales must be clearly secondary to the primary use within the associated permanent structure.
(b) Outside sales shall not occupy required parking areas and shall not take up an area greater than twenty-five percent (25%) of the total building area of the primary use within the associated permanent structure.
(2) Displays on Public Sidewalks: Merchandise for sale may be placed on the public sidewalk in front of the business where the building is directly adjacent to the sidewalk provided that adequate pedestrian clearance on the sidewalk is maintained (minimum of five (5) feet). Such displays shall be removed from the sidewalk when the business is not open. Such sales may also be subject to other village ordinances.
(3) Outside sales in the VC, VMU and VCP zoning districts shall require a special use permit.
(4) Display of merchandise for outside sales in the front yard shall not exceed a maximum of twelve (12) feet from the front face of the building.
(5) Nurseries, and garden centers are not subject to 1, 2, and 4 requirements listed above.
SR-15 Restaurants
(1) Drive-through windows and curb service are prohibited;
(2) No exterior playground or play equipment intended for children shall be permitted.
(3) Restaurants in the VCP District shall be limited to a maximum of one thousand six hundred (1,600) square feet.
SR-16 Community Shared Facilities, Public Safety Station
(1) Community Shared Facilities and Public Safety Stations shall have a minimum lot size of twenty thousand (20,000) square feet.
SR-17 Recreation Facilities, Outdoor [RD, R-210, NC, HC]
(1) Screening:
(a) Athletic fields, common area recreation facilities and similar facilities shall be screened from adjoining residential properties in accordance with Section 9.5.
(2) Operational Standards:
(a) Lights and loudspeaker systems shall not be operated before 8:00 a.m. or after 10:00 p.m. unless special permission is received from the Village Planner.
(b) Facility usage is limited to indoor activities before 6:00 a.m. or after 10:00 p.m. unless special permission is received from the Village Planner.
(c) No equipment, machinery or mechanical device of any kind (other than customary HVAC systems) may be operated within two hundred (200) feet of any residentially zoned property except as needed for routine maintenance of the grounds or facility playfield.
(4) All exterior lighting shall be shielded such that light is not directed toward adjacent residential property.
SR-18 Religious Institutions and Schools
(1) Such facilities shall be located on sites of five (5) acres or greater and shall have direct primary access to a major collector or thoroughfare street.
SR-19 Community Support Facility (OP)
(1) These uses may be principal or accessory uses.
(2) No such use may be located within a quarter mile (1320 feet) of another such use measured as a straight line as measured from property lines.
SR-20 Fueling Stations
(1) The store shall contain less than three thousand five hundred (3,500) square feet of gross floor area;
(a) Gas pumps, auto wash facilities and dumpsters shall not be located between the building and a public street or in any required building setback.
(b) Gas pump canopies shall not exceed the height of the roof of the primary building it serves. The gas pump canopy, auto wash structure and facility, dumpster enclosure and other accessory structures shall be similar in architectural style and color as the principal building.
(c) Certification by a registered engineer shall be required to ensure the prevention of petroleum and petroleum related product runoffs into the existing municipal storm drainage system.
SR-21 Banks, Credit Unions, Financial Services, Professional Services
(1) Such uses shall not be permitted on the ground floor of the principal building.
SR-22 Landfill/Waste Recovery Facilities (PC)
(1) No New Facilities Shall be Established: No new Landfill/Waste Recovery Facilities shall be established after the effective date of this Ordinance, but the existing Moore County Landfill shall be permitted to operate according to State law and the provisions below.
(2) Screening: Modifications to the existing Moore County Landfill shall comply with all appropriate dimensional and landscape requirements.
SR-23 Drycleaning and Laundry Services
(1) Coin operated laundries are not allowed in VCP, VMU or VC districts.
SR-24 Reserved
SR-25 Farming/Animal Production (R-210)
(1) Livestock in the Village Limits: the keeping of livestock shall conform to the Village of Pinehurst Municipal Code in addition to applicable County, State and Federal regulations.
(2) Structures for Livestock:
(a) Structures for livestock must meet the yard and setback requirements of the district for a principal structure. Said structures may be located in the front, side, or rear yard.
(b) Best management practices shall be applied in using and maintaining structures for livestock, including stables, so as to eliminate or minimize nuisances and adverse impacts to the maximum extent possible.
(3) This use category shall preclude commercial hog and chicken production.
SR-26 Horse Farm and Training Track
(1) Structures for Horses:
(a) Structures for horses must meet the yard and setback requirements of the district for a principal structure. Said structures may be located in the front, side, or rear yard.
(b) Best management practices shall be applied in using and maintaining structures for horses, including stables, so as to eliminate or minimize nuisances and adverse impacts to the maximum extent possible.
SR-27 Parking Structure
(1) Building Design in VC and VMU Districts: When an above-ground parking structure fronts a public street, where feasible, parking structures should be wrapped on their exterior with other uses to conceal the parking structure and create an active streetscape, such as retail, restaurants, etc. If concealing the structure is not feasible due to lot size, required or needed deck size, topography, or other conditions as determined by the Village Planner, then the building wall or walls facing the public street shall be designed so as to resemble a building in (active) use with elements such as window indentions, brick patterns and articulated surfaces.
(2) Height Limit for Structures: Parking structures shall be limited to two (2) levels, except in the Hospital District in which parking structures shall be limited to three (3) levels.
SR-28 Telecommunications Facilities
(1) Exterior Appearance Height and Setback
(a) The exterior appearance of all non-tower buildings shall have the appearance of a residential dwelling, including but not limited to, pitched roof(s) and frame or brick veneer construction. Towers shall be required to be of the latest technology and utilize "stealth" technology to blend into the surrounding environment. For example, a tower located in a wooded area should be designed to have the appearance of a pine tree.
(b) The lighting on the proposed tower shall be no more than is required by applicable Federal and State regulations.
(c) All proposed telecommunication towers shall be no more than one hundred twenty-five (125) feet in height.
(d) Tower shall be a minimum of three hundred (300) feet from any property line, and two hundred (200) feet minimum from any occupied structure.
(2) Electromagnetic Exposure and Radio Interference
(a) Output power levels from the tower and/or associated antennae shall not exceed the current federally approved levels for exposure to electromagnetic radiation.
(b) There shall be no leakage or interference that will affect surrounding properties. Radio, television or other electro-magnetic transmission(s) or reception on other properties will not be disturbed or diminished;
(3) Use of Facilities
(a) Associated buildings locations in any residential district may not be used as an employment center for any worker. This provision does not prohibit the periodic maintenance or periodic monitoring of equipment and instruments.
(b) No advertising sign or logo is permitted on any tower or antenna;
(c) Upon cessation of use, the permit holder shall take down the tower and all associated equipment within sixty (60) days.
(4) Co-Location Requirements
(a) All towers shall be designed structurally, electrically, mechanically and in all other respects, to accommodate both the applicant's antennas and comparable antennas for at least two (2) additional users. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. All towers shall be designed to allow co-location of public safety service equipment at usual and customary commercial rates, and these spaces shall be in addition to the antenna sites required for additional users as mentioned in this section. The exact design of public safety service equipment will be determined upon receipt of an application after consultation with the Police Chief and Fire Chief;
(b) A Development Permit shall not be granted unless it is found that the proposed equipment cannot be accommodated on existing or approved towers or alternative structures with a one- half (½) mile radius of the proposed location due to one (1) or more of the following reasons:
1. The planned equipment would exceed the structural capacity of the existing or approved towers, building or other structures, as documented by a qualified and licensed NC professional engineer, and the existing or approved structure cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost;
2. The planned equipment would cause interference materially impacting the usability of other existing of planned equipment at the tower or building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost;
3. Existing or approved towers, buildings, or other structures within the search radius, or combinations thereof, cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed NC professional engineer;
4. Other unforeseen reasons that make it infeasible to locate the planned telecommunication equipment upon an existing or approved tower, building, or other structure.
(5) General Requirements
(a) FCC License Required: The applicant must demonstrate that it is licensed by the FCC to provide fixed or mobile wireless communication services or, if the applicant is not such an FCC licensee, must demonstrate that it has binding commitments from one or more FCC licensees to utilize the proposed wireless telecommunication facility. Written evidence of licensing by the FCC is required to be submitted to the Village Planner annually. Failure to provide such evidence shall cause the Certificate of PDO Compliance to be revoked.
(b) Insurance Required: Prior to issuance of a Certificate of PDO Compliance, the applicant shall be required to provide certificate of insurance demonstrating it has a minimum of $1,000,000 in general liability insurance covering any liability arising out of its construction or operation of the telecommunication tower. The applicant shall be required to maintain such coverage in full force and effect until such time as all aboveground portions of the tower (not including any part of the foundation) have been removed.
(c) Wireless Service Provider Agreement Required: The applicant must supply a letter of intent agreeing to make all of its telecommunication facilities available to providers of functionally equivalent services at usual and customary commercial rates or the duration of time that the facility is in operation. Verification shall be provided demonstrating that the applicant has an executed lease for the property that allows that landowner and/or the applicant to enter into leases or subleased with other wireless service providers.
(d) Annual Report Required: An annual report must be submitted to the Village Planner that includes, but is not limited to, documentation of current FCC licensing, the names of users of the tower, and how many additional users can be accommodated on the tower.
(e) Additional Engineering Review May Be Required
1. The siting of Telecommunications Facilities may involve complex technical issues that require review and input by outside experts. The Village Planner may require the applicant to pay the reasonable costs of a third-party technical study of a proposed Telecommunications Facility requiring a variance to the provisions set forth in this section. Selection of expert(s) to review the proposal shall be at the sole discretion of the Village Planner.
2. If an applicant for a Telecommunications Facility claims that one or more standards of this Ordinance are inconsistent with federal law as applied to a particular property, or would prohibit the effective provision of wireless communications within the relevant market area, the Village Planner may require that the application be reviewed by a qualified engineer and a report prepared and presented on the matter to the Village Council. Any costs shall be charged to the applicant.
SR-29 Utilities - Moore County and Village of Pinehurst
(A) These uses are permitted and exempt from site plan review and development standards. Therefore, no site plan approval is needed.
(B) These uses must comply with the Historic Preservation Overlay District requirements and obtain all required approvals for such.
(C) These uses must comply with the Village of Pinehurst Flood Damage Prevention Ordinance and obtain all required approvals for such.
(D) Any time that Moore County contemplates a public utility projects of any kind in the Pinehurst Zoning Area (excluding emergency repair work), before plans are drafted, the County must give thirty (30) days written notice to the Village Manager and Village Attorney describing the proposed project.
(E) Moore County must provide thirty (30) days written notice to the Village Planner, Village Manager, and Village Attorney prior to applying to the Village for approval of a public utilities project within the Pinehurst Zoning Area.
(Ord. 14-35, passed 09-24-2014; Ord. 17-09, passed 6-27-2017)
SR-30 Small/Micro Wireless Facility
(A) Small/Micro Wireless Facilities shall not be located on residential properties.
(B) The maximum height for small/micro wireless facilities shall be fifty (50) feet in non-residential areas and forty (40) feet in residential areas or 10 foot taller than existing poles as of July 1, 2017, whichever is greater.
(C) Where feasible, small/micro wireless facilities shall be located on existing utility poles. Where not feasible to locate on an existing pole, decorative poles shall be installed to match new lighting and stop light installations made by the Village of Pinehurst in the historic district.
(D) All supporting utilities and infrastructure shall be located underground in a vault or similar structure.
(E) When located within Village of Pinehurst Right-of-Way, pedestrian facilities, vehicular facilities (including driveways and sight triangles) and stormwater facilities shall not be negatively impacted.
(F) When a facility is abandoned or no longer in use the antenna and equipment shall be removed within 180 days.
(G) When located within Village of Pinehurst Right-of-Way, a Right-of-Way Encroachment Agreement is required.
(H) When located outside of NCDOT right-of-way, a development permit is needed.
(I) A survey, elevations, shop drawings and equipment rendering shall be provided to ensure compliance.
(J) When located in the Historic Preservation Overlay District a Certificate of Appropriateness (COA) is required and shall be constructed in accordance with the Historic District Standards.
(Ord. 18-03, passed 2-27-2018; Ord. 21-12, passed 07-27-2021; Ord. 22-15, passed 10-26-2022; Ord. 23-08, passed 4-11-2023; Ord. 23-13, passed 5-23-2023)