(A) The purpose of this Subsection is to allow fences within districts which are architecturally compatible with each other, while preserving the flexibility of fences in the rural areas;
(B) Fences and Walls in Residential Zoning Districts and/or on Residential Properties:
(1) Fences, walls, and similar structures not over six (6) feet in height may project into the rear or side setback provided the lot does not abut a golf course or a lake. Fences, walls, and similar structures are prohibited in the rear setback if the lot abuts a golf course or a lake. If the side yard does not abut a golf course or a lake, fences, walls, and similar structures may be erected to a maximum height of six (6) feet. Such fence or wall shall not be built in or through a required buffer unless the fence or wall has been designed as an integral part of the buffer and approved as such;
(2) Swimming pool fences shall be constructed in accordance with the North Carolina State Building Code and also conform to the fence type, style and location requirements of the PDO. Pools built prior to 2002 that have not been enclosed with fencing shall be allowed to be fenced and the fencing may encroach up to twenty percent (20%) into the required golf course and lake setback. When using this encroachment only picket or wrought iron fence types may be used;
(3) If a property owner's rear lot line borders on the side lot line of another property owner, the side yard height limitation of six (6) feet applies to any fence erected on such property line for the length contiguous to said side yard;
(4) Fences, walls, and similar structures not over three and one-half (3.5) feet in height may project into or enclose any front setback. The three and one-half (3.5) foot limitation shall apply to driveway entrance columns, but the total height of columns with light fixtures shall be a maximum of five (5) feet in height.
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(5) The existing ground elevation shall not be modified or elevated in any manner so as to construct a fence on an elevated berm, so as to increase the maximum allowable height of the fence unless the berm is proposed as part of a required buffer.
(6) Fences, walls, and similar structures shall not exceed four (4) feet in height when abutting a defined front yard of an adjacent property.
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(7) Fences located within the R-210 zoning district may construct a split rail type fence not to exceed five (5) feet in height in the front yard. If an adjacent property is zoned as a more dense residential zoning district (R-30, R-20, R-15, R-10, R-8, R-5 or R-MF), a thirty (30) foot setback shall be required for the fence in the front yard if the fence exceeds three and a half (3 1/2) feet in height unless separated by a public or private street right-of-way.
(8) On corner lots a ten foot setback from the side street property line is required for fences located in the side and rear yard when those fences are greater than four (4) feet in height.
(C) Fences and Walls in Non-Residential Zoning Districts and/or on Non-Residential Properties: Except in the RD zoning district, fences and walls or similar structures not over six (6) feet in height may project into any required setback. Such fence or wall shall not be built in or through a required buffer unless the fence or wall has been designed as an integral part of the buffer and approved as such. Fence, walls, and similar structures are prohibited in the RD zoning district except that a chain link fence that conforms with SR-18(j)(4)(f) may be installed on the property lines of a lot in the RD district if the classification of such a lot as RD is because of the existence of a lake or other body of water on or abutting the lot and such lake or other body of water is available for use in connection with a semi-public recreation area;
(D) Residential and Non-Residential Fences: Those fences or similar structures not authorized or approved as provided in this Section are prohibited. The finished side of a fence or wall shall always face out towards the street or adjacent property. For the purpose of this Section, the following types of fences are allowed, depending upon the specific zoning district in which they are located. Material substitution may be permitted by the Village Planner where the appearance and material would result in equal or better performance. Allowable fence types include:
(1) Picket, provided that:
(a) The fence shall be constructed of wood, vinyl or composite material and may be painted, stained or unfinished; width of the pickets shall not be wider than four (4) inches nominal, with a minimum of one (1) inch between pickets.
(b) Maximum height is four (4) feet;
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(c) Minimum number of horizontal rails is two (2).
(2) Post and rail (or split rail), provided that:
(a) The wire is located on the inside of the fence;
(b) The wire is muted in color, (black, green, or brown);
(c) The use of wire is optional.
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(3) Wrought iron;
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(4) Brick;
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(5) Stone;
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(6) Chain link, provided that:
(a) The fencing material is vinyl coated (black, green, or brown only);
(b) If the fence is on or near a property line and a buffer is not otherwise required, a five (5) foot setback from the property line is provided.
(c) Chain link fences may only be used for non-residential uses.
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(7) Vinyl and Wood Board/Shadow Box/Solid, provided that:
(a) Board width (vertical members) is not less than four (4) inches nominal and not more than ten (10) inches nominal. Vinyl fences shall have the appearance of meeting this requirement;
(b) Wood fences greater than four (4) feet in height are required to have a minimum of three (3) horizontal rails (does not apply to vinyl fences);
(c) Solid fences may also be constructed of vinyl or composite material.
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(E) Fencing for a Temporary Use: Fencing for a Temporary Use is allowed when such fencing is necessary to secure a site provided that such fencing is not erected more than two (2) weeks prior to commencement of the event and is removed within seven (7) days following the completion of the event. However, the Village Planner is authorized to allow fencing to be erected earlier than two (2) weeks prior to the commencement of the event or removed later than seven (7) days following the completion of the event provided: 1) such fencing does not abut a residence, and 2) the applicant has provided in writing clear evidence that additional time is needed. Such fencing shall not exceed a height of six (6) feet unless such fencing is used to screen a "work area," such as a catering facility, from abutting properties or rights-of-way. In cases where the fencing is used to screen a "work area," such fencing shall not exceed a height of eight (8) feet. If eight (8) foot tall chain link fencing is used, such fencing shall have a green mesh cover to further screen the "work area." If chain link fencing is used and such fencing abuts a residence, residentially zoned land, or a right-of-way, such fencing must have a green or brown vinyl coating. At the discretion of the Village Planner, the fence may be required to be setback from the property line, particularly if the fencing abuts a residence or residentially zoned land. At no point shall a setback encroach beyond the golf course out-of-bounds lines. If the fence is erected prior to an allowed date or not removed by the specified date, the Village reserves the right to enter onto the premises and remove the fence at the expense of the property owner. Temporary fencing may be erected only upon receiving a temporary fence permit from the Village Planner. The Village Planner shall issue such a permit only after the Police and Fire Chiefs have reviewed the application and found that the proposal has adequate provisions for emergency access and egress so as to ensure health, welfare, and safety for the general public. A Temporary Use Permit must be issued for all temporary fencing. The Village Council, after conducting a public hearing, shall have the right to suspend or modify the application of this subsection for major events as part of the issuance of a temporary use permit issued under section 94.14 of the Pinehurst Municipal Code.
(F) Retaining Walls
(1) A development permit is required for a retaining wall eighteen (18) inches or taller in height.
(2) Retaining walls located in the front yard setback shall not exceed three and a half (3.5) feet in height.
(3) Retaining walls up to six (6) feet in height may project into the side and rear setbacks, excluding golf course/lake front and side street setbacks.
(4) Retaining walls located in the golf course or lakefront accessory building setback shall not exceed eighteen (18) inches in height.
(5) Retaining walls eighteen (18) inches or taller in height shall not be closer than five (5) feet to a property line or right of way line.
(6) Retaining wall height shall be measured from the lowest ground elevation to the top of the wall.
(7) Retaining walls constructed in a series of two (2) or more shall provide a minimum of twelve (12) inches of horizontal separation planted in grass or other vegetation.
(8) Retaining walls shall be solid cement, masonry, or wood and constructed to the standards of the North Carolina State Building Code where required.
(9) A finished side of a retaining wall shall face outwards towards the street or adjacent property.
(G) Fences in Rights of Ways
No fences, walls, columns or retaining walls shall be located within any public or private right-of-way unless approved by the Village and only for purposes of preserving specimen trees or desirable vegetation as determined by the Village Planner or when required for public purposes, i.e. retaining walls for sidewalk construction, storm water management, etc. In such cases, for structures proposed within the public right-of-way, the Village reserves the right to require submittal of an application for a Right-of-Way Encroachment permit by the applicant, and approval by the Village prior to the encroaching structure being constructed. All structures are limited to a maximum height of thirty (30) inches above grade. These structures do not require a development permit.
(Ord. 14-35, passed 09-24-2014; Ord. 15-08, passed 04-28-2015; Ord. 16-15, passed 09-27-2016; Ord. 23-09, passed 3-28-2023)