SR-100 Beekeeping
(A) Purpose: The purpose of this section is to provide for the keeping of honey bees in the zoned areas. It is intended to enable property owners to keep honey bees, and to safely maintain them within populated areas. It is not intended to prohibit, restrict, or regulate the keeping of animals within areas allowing agricultural uses.
(B) Standards for Beekeeping
(1) Permit Required: No person shall keep, maintain, or allow to be kept any colony of honey bees within the Village of Pinehurst without a permit. Any person desiring a permit shall make application to the Village of Pinehurst and the permit shall be approved provided the applicant is in compliance with the requirements of this section.
(2) Number of Hives: No more than five (5) hives may be located on a single parcel).
(3) Ground Location: All hives shall be placed at ground level.
(4) Location: All hives shall be located in the rear yard only.
(5) Setbacks from Property Lines: All hives shall be kept a minimum of twenty (20) feet from a property line.
(6) General Maintenance: Hives shall be removed if the owner no longer maintains the hive or if removal is necessary to protect the health, safety and welfare of the public.
SR-101 Cemetery
(1) Must be Associated with a Church: All such uses must be located on the same tract of land as a religious institution, or an immediately adjacent parcel to a religious institution under the same ownership.
(2) Minimum Yard Requirements
(a) The minimum yard required for all in ground burial plots and any other structures is thirty (30) feet from any exterior property line or the required district principal building setback, whichever is greater. Gatehouses at cemetery entrance shall be excluded from any minimum yard requirement provided they meet the sight triangle requirement for driveways in Section 9.1 (G).
(b) Above ground internment facilities shall conform to principal building setbacks.
(3) Religious institutions in PC District are limited to columbaria only.
SR-102 Farmers Market (PC, HD, VC)
(A) General Standards: Farmer's Markets are an allowed accessory use according to the following provisions:
(1) Such uses shall not be placed in any required yard or setback.
(2) Existing uses on the property shall not be negatively affected in any way by the operation of the farmers' market;
(3) Adequate facilities, such as parking and restrooms shall be provided for the farmers' market and all existing uses on the property.
(4) No required landscaped areas or screen areas shall be encroached upon or occupied by the farmers' market.
(5) Vehicular travel ways shall not be blocked in a manner in which emergency vehicle response would be affected.
(6) The actual hours of operation of the market shall be limited to two (2) days a week for no more than eight (8) hours and in all instances shall cease by 9 p.m.
(7) A site plan, containing sufficient information to show compliance with the above standards, must be submitted to and approved by the Village Planner.
SR-103 Concealed Wireless Telecommunications Facility (All Districts)
(1) Concealed Wireless Telecommunications Facilities shall be permitted in all zoning districts as an accessory use provided the following conditions are met:
(a) In order to be considered an accessory use, a Concealed Wireless Telecommunications Facility must be clearly incidental and subordinate to the main use of a structure.
(b) Antennas associated with a Concealed Wireless Telecommunications Facility shall be concealed from exterior view.
(c) The addition of antenna, support or other equipment shall not add more than ten (10) feet in height to the attached structure unless a variance is obtained from the Zoning Board of Adjustment. Notwithstanding the foregoing, any increase in the height of an existing structure must comply with other provisions of this Ordinance unless appropriate approvals are obtained.
(d) Electronic equipment associated with Concealed Wireless Telecommunication Facilities may be placed inside a building or, if placed on a rooftop, all equipment enclosures shall be mounted behind a parapet wall or façade which is camouflaged to match or complement the color and architectural treatment of the building. If placed on the ground on a concrete pad, equipment enclosures shall be screened so as to make them unobtrusive.
(e) All cabling and wiring connecting antennas, equipment enclosures, and other components of concealed wireless telecommunications facilities shall be colored or concealed in a manner as to render them unobtrusive.
(f) Antennas associated with a Concealed Wireless Telecommunications Facility may not be co-located on a tower or other support structure used by an amateur radio operator.
(g) Antennas associated with a Concealed Wireless Telecommunications Facility shall not be located upon a Single Family Dwelling or Multi-Family Dwelling.
(h) Should the existing support structure require to be replaced and/or rebuilt it shall comply with all applicable codes including but not limited to these provisions.
(i) Any modifications to an existing structure associated with the installation of a Concealed Wireless Telecommunications Facility shall comply with all limitations, requirements, and standards contained in other provisions of this Ordinance including, but not limited to, the receipt of approvals that may be required by Section 8.3.2 of this Ordinance should the Concealed Wireless Telecommunications Facility be located within a Historic Preservation District. All other applicable local, state, and federal approvals and permits shall also be obtained.
(j) A structural analysis shall be performed by a licensed professional engineer in the State of North Carolina in accordance with the current revision to ANSI EIA/TIA-222 certifying that the structure is capable of supporting the proposed loading.
(k) Prior to installation of a Concealed Wireless Telecommunications Facility, a copy of the operators FCC license shall be submitted to the Village Planner. If the party installing the Concealed Wireless Telecommunications Facility is not an FCC licensee, the party must demonstrate that it has binding commitments from one or more FCC licensees to utilize the Concealed Wireless Telecommunications Facility and must submit a copy of each wireless service provider's FCC license.
SR-104 Home Occupations:
A home occupation shall be permitted as an accessory use to any dwelling unit, provided that:
(1) The principal person or persons providing the business or service resides in the dwelling on the premises;
(2) The area used for the business or service does not exceed thirty percent (30%) of the combined floor area of the principal dwelling unit.
(3) There are no advertising devices on the property, or other signs of the home occupation, which are visible from outside the dwelling or accessory building;
(4) The property contains no outdoor display or storage of goods or services which are associated with the home occupation;
(5) The home occupation causes no change in the external appearance of the existing buildings and structures on the property;
(6) No additional parking areas other than driveways are allowed;
(7) Wholesale or retail transactions of goods do not occur on the premises;
(8) Home occupations may only employ those who reside on the premises and one additional employee who does not reside on the premises.
(9) The home occupation does not create any disturbing noise, vibration, odor, glare, fumes, or electrical or communications interference which can be detected by the normal senses off the premises, including visual or audible interference with radio or television reception;
(10) Shipping deliveries and pick-ups (excluding US Postal Service) are limited to ten (10) per week.
(11) All vehicles used in connection with the home occupation are of a size, and located on the premises in such a manner, so as to not disrupt the quiet nature and visual quality of the neighborhood;
(12) Child/Adult Daycare Home Occupations shall be permitted as accessory to any dwelling unit, provided that the following additional conditions are met, as well as the other conditions to this Section:
(a) If an outdoor play area is provided, it is fenced with a privacy type fence that is a minimum height of four (4) feet;
(b) No more than five (5) children shall be present at any given time.
(13) Prior to establishing the home occupation, the operator shall receive the approval of the Village Planner, who shall approve the home occupation upon finding that the proposed business complies with all of the above standards. The Village Planner shall notify all adjacent property owners prior to approving day care centers as a home occupation.
SR-105 Swimming Pools and Spas/Hot Tubs
(1) Above ground swimming pools are prohibited except for Seasonal Swimming Pools regulated in item (6) below.
(2) In residential zoning districts, all swimming pools as defined in Section 10.2 of this Ordinance shall be constructed only within the building envelope setbacks for accessory structures in the rear or side yard. Required fences for swimming pools located on golf courses or adjoining lakes may be located within the principal building setback but shall not be fenced in the accessory building or structure setback from lakefront or golf course indicated in Section 9.2a Table of Dimensional Requirements;
(3) All building construction related to swimming pools (bath houses) shall be set back as provided in Subsection (2) above. Walks may extend no more than four (4) feet into building setbacks for accessory structures;
(4) Hot tub/spas shall be setback as provided in Subsection 2 above.
(5) Any pool water, structure, or chamber shall be treated, altered, or maintained so as to prevent the development of unsanitary conditions. Pools under construction or which are no longer being operated shall be maintained in a manner so as to prevent the development of unsanitary conditions, potential injury, or possible drowning. All pool enclosure fencing shall be completed at the time the pool is allowed to contain water.
(6) Seasonal Swimming Pools as defined in Section 10.2 of this document are permitted to be installed above ground with the following standards:
(a) Structure shall only be erected from May 1 to September 30.
(b) Structure shall only be allowed in the rear yard and maintain a ten (10) foot setback from all property lines.
(c) From October 1 to April 30 the structure shall be removed and stored in a location not visible from a street or adjacent property.
(d) Seasonal swimming pools containing greater than twenty-four (24) inches of water shall meet all applicable requirements of the NC Building Code.
(e) A Development Permit is required each season that the structure is erected and a sketch plan shall be submitted along with the application showing the proposed location of the Seasonal Swimming Pool.
SR-106 Pet Houses, Pet Runs
Pet houses and pet runs are permitted in the side and rear yards in any residential zoning district. Pet houses shall meet the accessory structures setback requirements of the zoning district in which they are located.
SR-107 Playground Equipment
All swing sets and children's playground equipment shall be located in the rear or side yard and must be located no closer than ten (10) feet from the property line. No development permit is required.
SR-108 Accessory Building
(1) Accessory building(s) shall be permitted in all districts provided that the following conditions are met:
(a) The accessory building is of a permanent construction, architecturally compatible and of similar materials as the principal building;
(b) The accessory building is located within the building envelope setbacks for accessory structures (table 9.2a) in the rear or side yard only, except in R-210;
(c) The total gross floor area of the accessory building shall be no more than thirty percent (30%) of the principal dwelling. When there is more than one (1) accessory building on the site, the sum of the building area of the accessory buildings may not exceed thirty percent (30%) of the area of the principal dwelling.
SR-109 Accessory Dwelling
(1) An accessory dwelling may be within, attached, or separate from the principal building;
(2) The principal use of the lot shall be a detached dwelling, built to the standards of the North Carolina State Building Code;
(3) No more than one accessory dwelling shall be permitted on a single deeded lot in conjunction with the principal dwelling unit;
(4) The accessory dwelling shall be owned by the same person as the principal dwelling;
(5) The accessory dwelling shall not be served by a driveway separate from that serving the principal dwelling, except where access is available from another public way and where impacts on adjacent properties are minimized.
(6) An accessory dwelling shall not exceed thirty percent (30%) of the heated floor area of the principal dwelling, or six hundred (600) square feet, whichever is greater.
(7) A detached accessory dwelling structure may be dwelling area only or may combine the dwelling with a garage, workshop, studio, or similar use, provided that the total floor area of the structure does not exceed the thirty percent (30%) limitation for an accessory building as set forth in SR-108;
(8) A detached accessory dwelling shall be located in the established side or rear yard and meet the standards for accessory building setbacks.
(9) In the Historic District accessory dwellings shall not require a special use permit; however, all special requirements shall apply.
SR-110 Accessory Structure
(1) Arbors, Trellises, Pergolas and Gazebos
(a) Arbors associated with fences may encroach into setbacks, including the front yard, as long as the height of the arbor is no greater than twelve (12) feet and no more than fifty (50) square feet in size.
(b) Arbors, trellises, pergolas, gazebos and like structures shall be located in the side or rear yard and may be located within any side rear or lake accessory structure setback.
(2) Storage Shed (No dimension greater than twelve (12) feet) in R-210, R-30, R-20, R-15, R-10, R-8, R-5, R-MF, VCP, VR, VMU
(a) Storage sheds are only allowed in the rear yard.
(b) Such sheds shall be located no closer than five (5) feet from any property line unless adjacent to a golf course or lake in which case the accessory building or structure setback from lakes and golf courses shall apply.
(c) Such sheds are limited to a maximum of one (1) per property.
(d) Such sheds shall be compatible in style and color with the principal structure.
(3) Accessory buildings and structures are allowed in the front yard in the R-210 district, but must meet the front yard setback requirement.
SR-111 Bulkheads on Lakes
(1) Bulkheads may be constructed subject to a development permit;
(2) The height of the bulkheads shall be no more than three (3) feet above the design elevation of any lake. (For example, the design elevation at the top of the spillway on Lake Pinehurst is four hundred ten (410) feet above sea level; therefore, a bulkhead may be constructed on Lake Pinehurst that is no more than four hundred thirteen (413) feet above sea level);
(3) Bulkheads must be located in such a way as to accommodate the cover of below-surface utilities;
(4) Bulkheads to be constructed adjacent to another bulkhead shall be similar in height and located so as to avoid the accumulation of debris and shall be designed to transition into the existing bulkhead both vertically and horizontally. The bulkhead material shall be pressure treated wood, stone, brick, concrete with decorative veneer, or similar material;
(5) Bulkheads and/or docks may be constructed on lakeside properties on which no principal structure exists.
SR-112 Docks on Lakes
(1) Docks may be constructed along the boundary of a lake only after the issuance of a Development Permit and building permit by the Planning and Inspections Department;
(2) Docks and construction added to docks are not to exceed a height of six (6) feet from the dock to the top of the construction. The dock surface shall be built at a height not to exceed the height of the bulkhead to which they are attached;
(3) No part of the dock shall extend more than twenty-four (24) feet out into the lake from the shoreline from which it extends, nor shall it extend more than twenty-four (24) feet out into the lake from the property line. Docks may make a ninety (90) degree turn and run a maximum of twenty-four (24) feet in a parallel direction to the shoreline.
(4) Docks shall be no wider than eight (8) feet and no narrower than four (4) feet, with the exception of the corner in which the dock makes a turn, and shall be positioned so as to maintain at least a fifteen (15) foot side setback from the side lot lines as extended out into the lake;
(5) Bulkheads and docks may be constructed on lakeside properties on which no principal structures exist;
(6) Docks shall be of a permanent, all weather material connected to the shore of the property they serve, and be secured to the bottom.
SR-113 Floats/ Rafts, and Mooring Buoy
A property owner may place one (1) float/raft and/or one (1) mooring buoy of a permanent or inflatable construction in their privately owned lake bed, in such a manner that the three hundred sixty (360) degree swing from anchor of the object (and boats attached, thereto) remain within the area of their privately owned lake bed, and it shall be so positioned as to maintain at least a fifteen (15) foot side setback from the side lot lines as extended out into the lake. No zoning permit is required.
SR-114 Fuel and Propane Tanks (of capacity greater than fifty (50) pounds)
(1) Propane tanks greater than fifty (50)-pound capacity in residential zoned property shall be placed underground and must be at least ten (10) feet from the property lines. The exposed "cap" on the underground tank shall be painted in dark brown or forest green;
(2) Permanent propane tanks are not permitted on vacant lots;
(3) All above ground propane or fuel tanks shall be placed in the side or rear yard and shall be screened from adjacent properties and streets rights of way with opaque fencing or vegetation.
(Ord. 14-35, passed 09-24-2014; Ord. 16-07, passed 04-26-2016)