Accessory Building: buildings that are located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Examples of common accessory structures include, but are not limited to: garages, carports. Pole barns and hay sheds qualify as accessory structures where associated with bonafide farms, and may or may not be located on the same parcel as the principal structure.
Accessory Structure: arbors, trellises, pergolas, and storage sheds located on the same parcel as the principal structure and the use of which is incidental to the principal structure.
Accessory Dwelling: a dwelling unit either added within an existing single family detached dwelling or in a separate accessory structure on the same lot as the principal dwelling, or within a commercial building for use as a complete, independent living facility with provision within the accessory dwelling unit for cooking, eating, sanitation and sleeping.
Accessory Use: a use which is on the same lot as, and of a nature customarily incidental and subordinate to the principal use, structure, or building on the property.
Act of God: an extraordinary interruption by a natural cause (as a flood or earthquake) of the usual course of events that experience and/or care cannot reasonably foresee or prevent.
Addition (to an existing building): an extension or increase in the floor area or height of a building or structure, including porches, and other additions that change the volume/area or building footprint. Additions to existing buildings shall comply with the requirements for new construction.
Administrative Decision: decisions made in the implementation, administration, or enforcement of development regulations that involve the determination of facts and the application of objective standards. Also known as ministerial or administrative determinations.
Administrative Hearing: a proceeding to gather facts needed to make an administrative decision.
Adult: a person who has attained the legal age of majority; or eighteen (18) years.
Adult Establishment: any establishment having a substantial portion of materials or entertainment characterized by an emphasis on sexual activities, anatomical genital areas, or the female breast as listed and defined in NCGS §14.210.10 (or any successor thereto).
A-frame Sign: a sign with any upright, rigid supporting frame in the form of a triangle with steeply angled sides that is hinged or joined at its top in the shape of the letter "a" forming a triangle which conveys a message. Such a-frame signs do not include human directional signs upon which a sandwich board sign is hung nor does it include signs which are attached to metal prongs similar to real estate signs.
Agriculture, Livestock: any use of land for the keeping, grazing, feeding, or breeding of livestock, including cattle, hogs, sheep, goats, and poultry, and also animal specialties such as rabbits and fish and fur-bearing animals in captivity. This definition is not to include horse farms, as they are listed as a separate use.
Agriculture, Non-Livestock: the use of land for the production of grains, field crops, vegetables, fruits, and nuts, and for horticulture and floriculture.
Alcoholic Beverage Sales Store: the retail sales of liquor, spirits and/or other alcoholic beverages for off-premise consumption as a primary use and owned or operated by the State of North Carolina Alcoholic Beverage Commission.
Alley: a public or private service road which affords only a secondary means of access to abutting property and is not intended for general traffic circulation.
Amusements, Indoor: establishments that provide commercial entertainment activities completely within an enclosed structure such as video arcades, skating rinks, roller rinks, and bowling alleys.
Amusements, Outdoor: establishments that provide commercial recreation activities primarily outdoors such as miniature golf establishments; go-cart facility; theme parks, carnivals, fairgrounds, and midways; paintball parks; and water parks.
Animal Hospital: a public or private institution, whether organized for profit or not, which is devoted primarily to the maintenance and operation of facilities for the diagnosis and treatment or care of animals that are admitted for overnight stay or longer in order to obtain veterinary treatment for illnesses, diseases, injuries, and deformities.
Annexation Petition: also known as a voluntary annexation petition. The extension of the Village boundaries by the petition of the owners of real property following the form of petition specified by NCGS §160A-31.
Antenna: a transmitting and/or receiving device used in telecommunications that radiates or captures radio and/or television signals.
Antenna, Directional: an antenna or array of antennas designed to concentrate a radio signal in a particular area.
Antenna, Microwave: a dish-like antenna manufactured in many sizes and shapes used to link communication sites together by wireless transmission of voice or data.
Antenna, Omnidirectional: an antenna that is equally effective in all directions, and whose size varies with the frequency and gain for which is it designed.
Antenna, Whip: an antenna that is cylindrical in shape. Whip antennas can be directional or omni directional. Their size varies based upon the frequency and gain for which they are designed.
Apiary: the assembly of one (1) or more colonies of bees at a single location.
Approved: certified as correct or otherwise meeting the requirements of this Ordinance by a Village official or other authority having jurisdiction.
Aquifer: a water bearing stratum of permeable rock, sand or gravel.
Architect: a professional architect registered by the State of North Carolina.
Area of Shallow Flooding: a designated zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths determined to be from one (1) to three (3) feet. These areas are located where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
Area of Special Flood Hazard: the land in the one hundred (100)-year flood plain, as designated by the Federal Emergency Management Agency (FEMA), subject to a one (1) percent or greater chance of flooding in any given year.
Art Gallery: a space for the exhibition or sale of art, usually visual art, including, but not limited to, paintings, photography, and sculpture.
Artisan Workshops: the assembly, fabrication, production 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. These typically involve the work of artisans or craftsmen.
ATM: self-service machines used by banking customers for financial institutions, including deposits, withdrawals and fund transfers, without face-to-face contact with financial institution personnel. These machines may be located at or within banks, or in other locations.
Attached Dwelling: a building which contains two or more dwelling units which share one (1) or more common walls for fifty (50) percent or more of their length, with each dwelling unit located on a separate lot.
Automotive Repair: the automotive repair, rebuilding, or reconditioning of motor vehicles or parts thereof, including collision service, painting, and steam cleaning of vehicles.
Awnings: an architectural projection that provides weather protection, identity and/or decoration, and is wholly supported by the building to which it is attached, and is comprised of a lightweight, rigid, or retractable skeleton over which an approved cover is attached.
Backyard Pens / Coops: the long-term keeping of fowl, rabbits, and other similar small creatures in backyards as accessory uses to existing residential structures.
Banks, Credit Unions, Financial Services: establishments that engage in financial transactions that create, liquidate, or change ownership of financial instruments. Banks, credit unions, and savings institutions may perform central banking functions, accept deposits, and lend funds. In addition to banks and credit unions, financial services institutions may include: credit agencies, trust companies, holding companies, savings and loan institutions, securities/commodity contract brokers and dealers, security and commodity exchanges, vehicle finance (equity) leasing agencies, and investment companies.
Bar/Tavern/Night Club: a business where alcoholic beverages are sold for on-site consumption, which are not part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May also include beer brewing as part of a microbrewery and other beverage tasting facilities. Entertainment including live music, and/or dancing, comedy, etc. may also be included.
Base Flood Elevation (BFE): a determination of the water surface elevations of the base flood as published in the Flood Insurance Study. When the BFE has not been provided in a "special flood hazard area," it may be obtained from engineering studies available from federal or state or other source using FEMA approved engineering methodologies.
Base Flood: the flood having a one percent (1%) chance of being equaled or exceeded in any given year.
Basement: that portion of a building that is partly or completely below grade.
Bed and Breakfast Homes: A structure constructed as a single family dwelling, occupied by the owner, in which rooms are rented for lodging of transient guests for compensation and where no meals other than breakfasts are served.
Beekeeping: the rearing and breeding of honey bees.
Berm: any elongated earthen mound designed or constructed to separate, screen or buffer adjacent land uses.
Best Management Practices (BMP): structural or non-structural measures or techniques used singularly or in combination to reduce non-point source inputs to receiving waters in order to achieve water quality protection goals.
Billiard/Pool Hall: any place where the primary use is one (1) or more billiard or pool tables, operated or maintained, except for private family use, whether such place is a social club or a business enterprise operated for profit. This shall not exclude other permitted uses from having no more than two (2) billiard or pool tables as an accessory use.
Block: a tract of land or a lot or group of lots bounded by streets, public parks, golf courses, railroad right-of-way, water courses, lakes, un-subdivided land, or a boundary line or lines of the Village of Pinehurst or its extraterritorial zoning jurisdiction or any combination of the above.
Boarding or Rooming House: Short or long-term accommodations that serve a specific group or membership such as a dormitory, fraternity or sorority house, youth or adult hostel or similar tourist accommodations, or single room occupancy units that provide a number of related services including but not limited to housekeeping, meals, and laundry services.
Bona Fide Farm: agricultural activities set forth in NCGS § 160D-903.
Boutique Shop: a small shop or store that sells specialized goods, including for example, gifts, fashionable clothes, accessories, or food.
Broadcasting Studio: a programming origination studio of a television station, radio station or cable television provider.
Buffer Yard: is a landscaped or vegetated area intended to partially obstruct the view of adjacent land uses or properties from one another and are classified and measured as follows:
(A) Front: is equal to the depth of the front yard setback of the zoning district extended to the side property lines.
(B) Rear: is equal to the depth of the rear yard setback of the zoning district extended to the side property lines.
(C) Side: is equal to the width of the side yard setback from where it intersects both the front and the rear yard.
(D) Side Street: is equal to the width of the side street setback from where it intersects both the front and rear yard.
Building: any structure used or intended for supporting or sheltering any occupancy or use.
Building Envelope: an area of land upon which a principal and/or an accessory building may be erected as defined by the building setbacks on a lot of record.
Building Floor Area: the gross floor area of an individual structure built for support, shelter or enclosure for any occupancy or storage.
Building Footprint: the portion of a lot's area, which is enclosed by the foundations of buildings, plus any cantilevered upper floors.
Building Height: the vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof.
Building Inspector: an officer or other designated authority charged with the administration of the State Building Code and other duties described within this Ordinance.
Building Permit: a permit that allows the commencement of construction of a structure or building, after being issued by the Planning and Inspections Department pursuant to Chapter 4 of this Ordinance and the State Building Code.
Building Setback Line(s): lines parallel to and inside of the lot lines, at the setback distances prescribed by this Ordinance.
Building Setback: the minimum distance from the property line to the farthest projection of the exterior face of buildings, walls or any other form of construction (i.e. decks, landings, terraces, porches and patios on grade).
Built-Upon Area (BUA): that portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots, and paths; and recreation facilities such as tennis courts. "Built-upon Area" does not include a wooden slatted deck or the water area of a swimming pool.
Bulkhead: a vertical wall structure designed to retain shoreline material.
Business Support Services: establishments that provide any of the following: document preparation, telephone answering, telemarketing, mailing (except direct mail advertising), court reporting, and steno typing. They may operate copy centers, which provide photocopying, duplicating, blueprinting, or other copying services besides printing. They may provide a range of support activities, including mailing services, document copying, facsimiles, word processing, on-site computer rental, tax preparation, legal services and office product sales.
Caliper Measurement: Caliper measurement of the trunk shall be taken six (6) inches above the ground up to and including four-inch caliper size. If the caliper at six inches above the ground exceeds four (4) inches, the caliper should be measured at twelve (12) inches above the ground.
Canopy Tree: large trees whose total height and spread at maturity is greater than thirty (30) feet.
Canopy: an architectural projection that provides weather protection, identity, or decoration and is supported by the building to which it is attached and by at least one support at the outer end.
Cemetery: land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including mausoleums and columbariums, located on the site where a church is the principal use.
Certificate of Occupancy: that document issued by the Village of Pinehurst at the conclusion of all work done under all permits following inspection(s) by the appropriate inspector, showing that all completed work complies with the applicable state and local laws and the terms of all permits. No new building or part thereof may be occupied, and no existing building that has been altered or moved may be occupied until the Planning and Inspections Department has issued a valid Certificate of Occupancy.
Child/Adult Day Care: an individual, agency, or organization providing supervision or care on a regular basis for children or adults who are not related by blood or marriage to, and who are not the legal wards or foster children of, the supervising adults; and who are not residents in the center; designed and approved to accommodate children or adults based on state regulations; not an accessory to residential use.
Civic/Cultural Facilities: facilities designed to serve the community by promoting cultural advancement. Such facilities may include live theater, dance, or music establishments; art galleries, studios and museums; museums, exhibition, or similar facilities; libraries, auditoriums, conference facilities, and convention centers.
Clinic: any building or portion thereof, the principal use of which is for offices of one (1) or more licensed physicians, ophthalmologists, dentists, physical or occupational therapists, psychologists, or the like for the examination and treatment of persons on an out-patient basis only and ambulatory/outpatient care facilities. See also medical laboratory and medical office.
Clubs and Lodges, Civic or Fraternal: private not-for-profit social or civil associations, corporations, or other entities consisting of persons who are bona fide paying members and which own, lease, or use a building, a parcel of land, or a portion thereof, the use of such premises being restricted primarily to members and their guests, including offices for local, state, regional and national officials of that organization.
Clustered Dwelling: a housing development technique that concentrates dwellings on a part of the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive areas.
Columbarium: A structure of vaults for the placement of cremation urns.
Column: A rigid, relatively slender, upright support, composed of relatively few pieces, a decorative pillar, most often composed of stone and typically having a cylindrical or polygonal shaft with a capital and usually a base.
Commercial Vehicles: vehicles for hire or used for business, or designed to transport goods or equipment, whether or not displaying advertising indicia.
Community Center: structures and/or facilities which accommodate gatherings, indoor/outdoor cooking, picnicking, recreation, and administration of homeowner associations, neighborhood groups, or other persons having permission to use such facilities.
Community Park: a relatively large park owned by the Village of Pinehurst or Moore County providing a wide variety of active and passive uses to the entire Village.
Community Shared Facilities: facilities designed to serve as amenities for residential neighborhoods. Such facilities are typically operated by homeowner's associations or similar groups and provide recreational space within the context of that residential neighborhood.
Community Support Facility: a non-profit or government facility providing personal assistance to individuals in need; such assistance to individuals may include temporary shelter, food services provisions, counseling, instruction, medical services, and other incidental services.
Comprehensive Plan: the comprehensive plan, land-use plan, small area plans, neighborhood plans, transportation plan, capital improvement plan, and any other plans regarding land use and development that have been officially adopted by the governing board.
Concealed Wireless Telecommunications Facility: a structure that is fabricated in a manner that aesthetically masks its appearance as a communications facility that is installed within or on an existing structure. Examples include church steeples, bell towers, light standards, signs, utility poles, flag poles, building facades, water tanks, silos, and other structures which conceal telecommunications antennas and equipment from visibility. A communications tower shall not be considered a concealed wireless telecommunications facility.
Conditional Zoning: a legislative zoning map amendment with site-specific conditions incorporated into the zoning map amendment.
Condominium: an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such property. (see also the North Carolina Unit Ownership Act (NCGS Chapter 47A) and/or the North Carolina Condominium Act (NCGS Chapter 47C).
Conference/Convention Center: a commercial facility for public assembly including, but not limited to auditoriums, conference facilities, convention centers, exhibition halls, and the like.
Contiguous: abutting directly on the boundary of, separated by a street other than a controlled access highway from, or separated by a railroad or public utility right-of-way.
Corner Lot: a corner lot is either a zoning lot bound entirely by streets, or a zoning lot that adjoins the point of intersection of two (2) or more streets and in which the interior angle formed by the extensions of the street lines in the directions they take at their intersections with lot lines other than street lines forms an angle of one hundred and thirty-five (135) degrees or less.
Country Club: land area and buildings containing golf courses, recreational facilities, a clubhouse and customary accessory uses; open only to members and their guests for common purposes of a social and athletic nature.
Covered Entry: a covered platform, covered with eave overhang, pediment, or roof over the main entrance.
Crematoria: establishments for the preparation of the dead through cremation in a furnace. This definition includes crematoria for the internment of animal remains.
Critical Root Zone: a circular area surrounding a tree, of which the center is the center of the tree trunk and the radius is the distance from the outside of the trunk to any point twelve (12) times the diameter at breast height (DBH), which points constitute the circumference of the critical root zone. The critical root zone shall extend to a depth of five (5) feet below surface ground level.
Cul-de-sac: a street designed to have one end permanently closed, with the closed end terminated by a vehicular turnaround.
Cutoff Type Luminaire: a luminaire with elements such as shields, reflectors, or refractor panels which direct and cut off the light at cutoff angle that is less than ninety (90) degrees.
Cutoff Angle: formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source, above which no light is emitted.
Cutoff Light: an artificial outdoor lighting fixture designed to ensure that no light is directly omitted above a horizontal line parallel to the ground.
DBH - Diameter at Breast Height: the total cross-sectional diameter of the trunk or trunks of a tree measured four and one half (4½) feet from the ground at the center of the tree.
Deck: an exterior floor supported on at least two opposing sides by an adjacent structure and/or posts, piers or other independent supports.
Declaration: any instruments, however denominated, that create a Planned Community Neighborhood and any amendments to those instruments.
Dedication: a transfer by the owner of his property to the Village. Such dedication shall be made by written instrument and is deemed complete only with acceptance by the Village Council plus the recording of each written acceptance by the Village Council plus the recording of each with the Moore County Register of Deeds.
Demolition: the razing or destruction, whether entirely or in significant part, of the exterior of a building, structure, or site. Demolition includes the removal of a building or structure from its site or the removal, stripping, concealing, or destruction of the façade or any significant exterior architectural features which are integral to the character of the resource, for whatever purpose, including new construction or reconstruction.
Detached Townhome: a dwelling unit or units conforming to the townhome development standards as stated in this Ordinance, but physically located on separate lots.
Determination: a written, final, and binding order, requirement, or determination regarding an administrative decision.
Developer: a person, including a governmental agency or redevelopment authority, who undertakes any development and who is the landowner of the property to be developed or who has been authorized by the landowner to undertake development on that property.
Development: unless the context clearly indicates otherwise, the term means any of the following:
(A) The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
(B) The excavation, grading, filling, clearing, or alteration of land.
(C) The subdivision of land as defined in NCGS § 160D-802.
(D) The initiation or substantial change in the use of land or the intensity of use of land.
Development Approval: an administrative or quasi-judicial approval 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, certificates of appropriateness, plat approvals, building permits and development agreements.
Development Floor Area: the total building floor area of any construction projects simultaneously developed by a single developer.
Development Permit: a permit issued by the Planning and Inspections Department that authorizes the commencement of development provided all of the other necessary permits have been obtained.
Discharge Point: that point at which runoff leaves a tract of land.
Disposal: as defined in NCGS §130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
District: a mapped area, (otherwise known as a "zoning district"), to which a uniform set of regulations applies as established by this Ordinance.
Dock: a platform constructed beyond the shoreline to which boats may be secured.
Dormitory: a building used as group living quarters for a student body or religious order as an accessory use for a college, university, boarding school, convent, monastery, hospital or other similar public, semi-public use.
Drainageway: a natural or artificial stream, closed conduit, or depression that carries surface water.
Drive-Thru/Drive-In Facility: a primary or accessory facility where goods or services may be obtained by motorists without leaving their vehicles. These facilities include drive-through bank teller windows, dry cleaners, fast-food restaurants, drive-through coffee, photo stores, pharmacies, etc. Does not include: automated teller machines (ATM'S), gas stations or other vehicle services, which are separately defined.
Driveway: a private roadway located on a parcel or lot used for vehicle access.
Dry Cleaning & Laundry Services: coin-operated laundries, dry cleaning pick-up stores without dry cleaning equipment, or dry cleaning stores that do not provide cleaning services to other collection stations or stores.
Dwelling Unit: a single unit providing complete, independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Dwelling: a building that contains one or more dwelling units used, intended, or designed to be used, rented, leased, let or hired out to be occupied for living purposes.
Dwelling, Accessory: a dwelling unit either detached or attached, such as a garage apartment or cottage located on a lot with an existing single-family dwelling.
Dwelling, Mixed-Use: A dwelling within a mixed-use development and/or structure.
Dwelling, Multifamily: a building or portion thereof containing three (3) or more dwelling units on a single lot where each unit has a separate entrance from the outside or through a common vestibule.
Dwelling, Single Family: a free standing building designed for and/or occupied for living purposes. These residences may be individually owned as residences or residences owned by rental or management companies. Also includes factory-built, modular housing units that comply with North Carolina State Building Code.
Dwelling, Two Family: a two-unit building that is divided horizontally or vertically, and each unit has a separate entrance from the outside or through a common vestibule.
Easement: a grant by a property owner to the public, a corporation, or other person or persons, of the right to use an identifiable piece of land for specified purposes, such as for utility lines, streets or greenway trails. Such grant shall be recorded with the Moore County Register of Deeds by an appropriate instrument.
Eave: lower edge of a roof extending beyond the exterior wall.
Effective Radiated Power (ERP): the product of the antenna power input and the numerically equal antenna power gain.
Elevated Building: a non-basement building (a) built, in the case of a building in flood zones a1-30, ae, a, a99, ao, ah, b, c, or x to have the top of the elevated floor, above the ground by means of pilings, columns (posts and piers), shear walls parallel to the flow of water, and (b) adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In the case of flood zones a1-30, ae, a, a99, ao, ah, b, c, and x, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the movement of flood waters.
Emergency Services Facilities: any building or group of buildings housing a police department, fire department, emergency medical services (EMS) or rescue squad.
Engineer: a professional engineer registered by the State of North Carolina.
Engineering Standards: the standards and specifications contained in the Village of Pinehurst Engineering Standards and Specifications Manual.
Erosion: the wearing away of a surface by the action of wind, water, or any combination thereof.
Evidentiary Hearing: a hearing to gather competent, material, and substantial evidence in order to make findings for a quasi-judicial decision.
Exempt Subdivision: all divisions of a tract or parcel which conform to either of the following criteria.
(A) the combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of this Ordinance;
(B) the division of land into parcels greater than ten (10) acres where no street right-of-way dedication is involved;
(C) the public acquisition of purchase of strips of land for the widening or opening of streets;
(D) the division of a tract in single ownership whose entire area is no greater than two (2) acres into not more than three (3) lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of this Ordinance;
(E) the division of a tract into plots or lots used as a cemetery.
Existing Building: any building or structure erected prior to the adoption of this Ordinance, or one for which a valid building permit has been issued.
Existing Development: includes those projects meeting at least one (1) of the following criteria for the purposes of the Watershed Protection Overlay Zoning District only:
(A) having a current building permit used by the Village; or
(B) having an approved site-specific development plan issued by the Village as authorized by NCGS §160A-385.1.
(C) conforming single-family lots of record, which received final plat approval before July 1, 1993. (the date of mandatory compliance with the NCGS).
Extraterritorial Jurisdiction (ETJ): the unincorporated territory surrounding Pinehurst in which the provisions of this Ordinance apply and described on the Village's Zoning Map.
Façade: exterior elevation of a building.
Family Care Home (6 or fewer residents): a home with support and supervisory personnel that provides room and board, personal care and rehabilitation services in a family environment for not more than six (6) resident handicapped persons and is certified by the State of North Carolina. (NCGS Ch. 168, Article 3)
Farm: a plot of land used for the raising of crops, livestock, or other plants and animals, including orchards, vineyards and nurseries, along with any buildings and structures that are customarily and necessarily incidental to such activities.
Farmers' Markets: a temporary sales establishment operated primarily in the open air, for the distribution of agricultural products including, but not limited to: vegetables, fruits, meats, eggs, dairy products, grains, and prepared foods.
Farming, Animal Production: a property used primarily for the production and activities relating or incidental to the production of crops, fruits, vegetables, ornamental and flowering plants, dairy, livestock, and all other forms of agriculture, excluding commercial poultry and swine production. Industries in the animal production subsector raise or fatten animals for the sale of animals or animal products. The subsector comprises establishments, such as ranches, farms, and feedlots primarily engaged in keeping, grazing, breeding, or feeding animals. These animals are kept for the products they produce or for eventual sale. The animals are generally raised in various environments, from total confinement or captivity to feeding on an open range pasture. Establishments primarily engaged in the farm raising and production of aquatic animals or plants in controlled or selected aquatic environments are included in this subsector.
Fascia: a flat, horizontal board below roof eave.
Fence: a structure eighteen (18) inches or taller used to delineate a boundary or as a barrier or means of protection, confinement, screening or as an aesthetic component of landscaping.
Flood Boundary and Floodway Map (FBFM): an official map of a community, issued by the Federal Emergency Management Agency, on which the special flood hazard areas and the floodways are delineated.
Flood Fringe: that part of an area of special flood hazard that is not located in the floodway.
Flood Hazard Boundary Map (FHBM): an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the special flood hazard areas have been defined as zone a.
Flood Insurance Rate Map (FIRM): an official map of a community, issued by the Federal Emergency Management Agency, on which both the special flood hazard areas and the risk premium zones applicable to the community are delineated.
Flood Insurance Study (FIS): an examination, evaluation, and determination of flood hazards, corresponding water surface elevations (if appropriate), flood hazard risk zones, and other flood data in a community issued by the Federal Emergency Management Agency. The flood insurance study report includes Flood Insurance Rate Maps (FIRMS) and Flood Boundary and Floodway Maps (FBFMs), if published.
Flood Insurance: the insurance coverage provided under the national flood insurance program.
Flood or Flooding: a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters or the unusual and rapid accumulation of runoff of surface waters from any source.
Flood Zone: a geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects the severity or type of flooding in the area.
Floodplain Management Regulations: Ordinances (including this Ordinance), building codes, health regulations, and other applications of police power which control development in flood-prone areas. This term describes federal, state or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage.
Floodplain Management: the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
Floodplain or Flood Prone Area: any land area susceptible to being inundated by water from any source.
Floodproofing: any combination of structural and nonstructural additions, changes, or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures, and their contents.
Floodway: the channel of a river, stream, or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation by more than one (1) foot.
Floor Area Ratio: the numerical value obtained by dividing the gross floor area on a lot by the area or size of such lot.
Floor Area: the gross total horizontal area of: 1.) All floors, including usable basements and cellars, below the roof and within the outer surface of the main walls of principal or accessory buildings; 2.) The centerlines of a party wall separating such buildings or portions thereof; 3.) Within lines drawn parallel to and two (2) feet within the roof line of any building or portions thereof without walls. However, this definition excludes the case of nonresidential facilities, arcades, porticos, and similar areas open to the outside air which are accessible to the general public and which are not designed or used as areas for sales, display, storage, service, or production.
Floor: the level base of a room; the lower inside surface of a building; the horizontal structure dividing a building into stories.
Florist: a retail business, which sells flowers and ornamental plants, other decorative items, and plant materials for temporary or interior uses.
Flush Mounted Solar Panel: a solar panel that is attached to the roof of a structure on the same plane as the roof and not projecting more than six and one-half (6.5) inches from the roof plane.
Footcandle: a unit of illumination produced on a surface, all points of which are one (1) foot from a uniform point source of one (1) candle.
Franchise Architecture: is a building design that is trademarked, branded, or easily identified with a particular chain or corporation and is ubiquitous in nature.
Freeboard: the height added to the Base Flood Elevation (BFE) to account for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization on the watershed. The base flood elevation plus the freeboard establishes the regulatory flood protection elevation.
Front Yard: a yard across the full width of the lot, extending from the farthest projection of the structure including but not limited to steps, eaves, porches, terraces or patios (excluding, however, steps and overhangs permitted to project into the yard) to the front property and/or right-of-way line.
Frontage: all of the real property abutting a street line measured along the street line.
Fueling Station: establishment that primarily retails automotive fuels. These establishments shall not further provide services such as automotive maintenance repair. Fueling stations include structures that are specialized for selling fuel with storage tanks, often underground or hidden. The sale of food and other items as well as car washes shall be incidental to the fueling station.
Funeral Homes: Establishments for preparing the dead for burial or interment, including cremation, and conducting funerals (i.e. providing facilities for wakes, arranging transportation for the dead and selling caskets and related merchandise).
Gable roof: a double sloping roof with a ridge and gables at each end.
Gambrel roof: a double sloped barn-like roof.
Garden (Community and Private): an outdoor area for the small-scale production of vegetables and flowering plants for personal or communal use. This definition does not include crop production and nurseries.
Garden Center: a retail outlet primarily engaged in the sale of crops, plants, vines, or trees and their seeds, but not including the production of such plants on site. Such uses may be a part of larger general commercial uses or may stand alone as individual facilities.
Geothermal Heating and Cooling Closed Loop System: a closed loop system is a system that circulates a water-based solution through a "loop" of small diameter, underground pipes. The system consists of an indoor unit and a buried earth loop. In the winter, fluid circulating through the system's earth loop absorbs stored heat and carries it indoors. The indoor unit compresses the heat to a higher temperature and distributes it throughout the building. In the summer, the system reverses, pulling heat from the building, carrying it through the earth loop and depositing it in the cooler earth.
Glare: the effect of brightness in the field of view that causes annoyance or discomfort or interference with seeing. It may be direct glare from a light source or reflected glare from a glossy surface.
Golf Course: a course with nine (9) or more holes for playing golf, including any accessory driving range, clubhouse, office, restaurant, concession stand, picnic tables, pro shop, maintenance building, restroom facility, or similar accessory use or structure. This term shall not include miniature golf courses as a principal or accessory use, nor shall it include driving ranges, which are not accessory to a golf course.
Golf Driving Range: a facility for driving golf balls not otherwise associated with a golf course.
Government: any agency, office bureau or corporation licensed by any duly authorized authority of the United States, the State of North Carolina, Moore County, any regional government, or the Village of Pinehurst.
Grade Plane: a reference plane representing the average of the finished ground level adjoining the building at exterior walls.
Greenway: a linear open space, either privately-owned or owned by the Village or another unit of government, which may contain a trail for walking, bicycling, horseback riding or other passive recreation, but not for use by vehicles for purposes other than maintenance of the greenway.
Gross Density: the number of dwelling units or the amount of non-residential gross floor area on a particular tract or parcel of land, taking into account the entire area of that tract or parcel.
Groundcover: any natural vegetative growth or other material that renders the soil surface stable against accelerated erosion.
Halfway Homes: a place where persons are aided in readjusting to society following a period of imprisonment, hospitalization or institutionalized treatment related to a criminal offense.
Handicapped Person: a person with a temporary or permanent physical, emotional, or mental disability, including but not limited to mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances, and orthopedic impairments, but not including mentally ill persons who are dangerous to others as defined in NCGS §122C-3(11)b.
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).
Hazardous Waste Facility: as defined in NCGS Chapter 130A, Article 9, a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste.
Heated Square Feet: Heated square feet of a dwelling unit is space that is intended for occupancy that is heated by a conventional heating system or systems that are permanently installed.
Heavy Equipment/Manufactured Home Rental/Sales: establishments which may have showrooms or open lots for selling, renting or leasing heavy equipment such as buses, trucks, manufactured homes, construction equipment, or boats or marine craft.
Highest Adjacent Grade (HAG): the highest natural elevation of the ground surface, prior to construction, immediately next to the proposed walls of the structure.
Hip Roof: a roof with slopes in the direction of each elevation, commonly with roof slopes in four (4) directions.
Historic Structure: any structure that is: (a) listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing in the National Register; (b) certified or preliminarily determined by the Secretary of Interior as contributing to the historical significance of a registered historic district; (c) individually listed on the North Carolina Inventory of Historic Places; (d) individually listed on a Moore County, Pinehurst or other local inventory of historic places in communities with historic preservation programs that have been certified (1) by an approved State program as determined by the Secretary of Interior; or (2) directly by the Secretary of Interior in states without approved programs.
Holiday Decorations: displays erected on a seasonal basis in observance of religious, national, or state holidays, which are not intended to be permanent in nature and which contain no advertising material.
Home Occupation: an occupation or profession conducted within a dwelling unit or accessory structure by a resident that is incidental to the primary use of the dwelling as a residence. For the purposes of this Ordinance telecommuting or working from home on an irregular basis shall not constitute the establishment of a home occupation.
Homestay: is a rental of a habitable room or rooms within a dwelling unit or attached accessory dwelling unit made available by short-term lease or other financial consideration for a period of less than 30 consecutive days while the full-time resident resides on-site during the duration of the rental period.
Horse Farm & Training Track: a property used for the breeding, training, and stabling and care of horses. Such facilities provide services such as riding lessons, dressage instruction, hiring of horses for riding, stud services, and temporary or permanent boarding of horses. Other than horses, these facilities do not produce or sell any agricultural products.
Hospice Care Campus: a freestanding licensed hospice facility or facilities which provide palliative and supportive medical and other health services to meet the physical, psychological, social, spiritual and special needs of terminally ill patients and their families in a group residential or inpatient setting. Said facility or facilities will be under the supervision of an identifiable hospice administration as defined by the NCGSs. To include associated buildings directly providing support to the campus and hospice services by a hospice team or interdisciplinary team, as well as temporary residential accommodations for the hospice patients' families.
Hospice Patient: a patient diagnosed as terminally ill by a physician licensed to practice medicine in North Carolina, who the physician anticipates to have a life expectancy of weeks or months, generally not to exceed six months, and who alone, or in conjunction with designated family members, has voluntarily requested and been accepted into a licensed hospice program.
Hospice Patient's Family: the hospice patient's immediate kin, including a spouse, brother, sister, child, or parent. Other relations and individuals with significant personal ties to the hospice patient may be designated as members of the hospice patient's family by mutual agreement among the hospice patient, the relation or individual and the hospice team.
Hospice Services: the provision of palliative and supportive medical and other health services to meet the physical, psychological, social, spiritual, and special needs of patients and their families, which are experienced during the final stages of terminal illness and during dying and bereavement.
Hospital: a health care facility and related facilities the purpose of which is to provide for care, treatment, testing for physical, emotional, or mental injury, illness, or disability, and overnight boarding of patients, either on a for-profit or not-for-profit basis; but not including group homes. The facility must be licensed by the North Carolina Division of Facility Services (DFS) as a hospital (general or psychiatric).
Hotel: establishments providing lodging and short-term accommodations for travelers. They may offer a wide range of services including overnight sleeping space, food services, convention hosting services, and/or laundry services. Entertainment and recreation activities may also be included. Extended-stay hotels are also included in this category. This definition also includes "inns."
Hot Tub/Spa: a structure usually large enough to accommodate several persons that is filled with hot aerated water used for recreation or physical therapy and is often placed out of doors such as on a porch or deck.
Ice Vending: a free standing structure designed for the sale and production of ice.
Illegal Sign: any sign erected, maintained altered, removed, or replaced in violation of this Ordinance, or any amendments hereto.
Impervious Surface: impervious surface includes any material which reduces and prevents absorption of storm water into previously undeveloped land. This includes but is not limited to, buildings, roads, pavement, gravel surfaces, etc. Items not considered to be "impervious" include the water area of a swimming pool and wooden slatted decks.
Industry, Heavy: any non-residential use that requires a National Pollutant Discharge Elimination System (NPDES) permit for an industrial or stormwater discharge, any facility which manages or disposes hazardous or nonhazardous solid waste, or any use that involves the use or storage of any hazardous materials or substances used for the purpose of manufacturing, assembling, finishing, cleaning or developing any product or commodity. Typically the largest facilities in a community, these structures house complex operations, some of which might be continuous (operated twenty-four (24) hours a day, seven (7) days a week).
Industry: Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products and the blending of materials, such as lubricating oils, plastics, resins or liquors. This includes medical and testing laboratories, facilities for scientific research, and the design, development, and testing of electrical, electronic, magnetic, optical, computer and telecommunications components in advance of product manufacturing, and the assembly of related products from parts produced off-site, where the manufacturing activity is secondary to the research and development activities. Also included are laundry/dry cleaning plants as principal uses engaged primarily in high volume laundry and garment services, including: carpet and upholstery cleaners; diaper services; dry-cleaning and garment pressing; and commercial laundries.
Injection Wells: any excavation that is cored, bored, drilled, jetted dug or otherwise constructed, whose depth is greater than its largest surface dimension and which is used or intended to be used, for the injection of fluids or solids into the subsurface or groundwater.
Integral Solar Panel: a form of roofing in which solar cells are integrated into the roofing material.
Interior Lot: an interior lot is any zoning lot that is neither a corner lot nor a through lot.
Internet Sweepstakes Facilities: any business enterprise where persons utilize computers, gaming terminals, or other electronic machines 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. This does not include any lottery approved by the State of North Carolina.
Irrigation Wells: wells constructed for irrigation only and not for human consumption.
Kennels, Indoor: 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. In which the animals are kept predominately indoors.
Kennels, Outdoor: 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. In which the animals are kept predominately outdoors.
Land-Disturbing Activity: any use of the land by any person for residential, industrial, educational, institutional, or commercial development, or for 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.
Landfill / Waste Recovery Facilities: a disposal or salvage facility for hazardous or nonhazardous solid waste, scrap metal, vehicles and other scrap materials. This includes recycling and resource recovery facilities that separate and sort recyclable material from waste streams and/or sort commingled recyclable materials, such as paper, plastics, used beverage cans, and metals into distinct categories. This definition is not intended to be inclusive of outdoor storage yards, beneficial fill activities or landfills classified as land clearing and inert debris (LCID) facilities operated in association with an active building permit on the same or adjacent parcel.
Landscape Architect: a professional landscape architect registered by the State of North Carolina.
Landscape Protection Plan: a plan identifying existing landscape elements, proposed changes, and protection measures to be used to aid the survival of such landscape elements as set forth in this Ordinance.
Landscape Screen: A method of visually obscuring one abutting structure or use from another by fencing, walls, berms, or densely planted vegetation.
Landscaped Area: a portion of the site or property containing vegetation to exist after construction is completed. Landscaped areas can include, but are not limited to, natural areas, buffers, lawns and plantings.
Large Trees: deciduous or evergreen trees with a mature height and spread of thirty (30) feet or greater.
Legislative Decision: the adoption, amendment, or repeal of a regulation in this Ordinance. This term also includes the decision to approve, amend, or rescind a development agreement.
Legislative Hearing: a hearing to solicit public comment on a proposed legislative decision.
Live-Work Units: an attached residential building type with a small commercial enterprise on the ground floor and a residential unit above or behind with a common tenant in both spaces (no dual occupancy is permitted). Live-work units exist as variations of either the detached house building type or the townhome building type and shall be subject to their applicable requirements.
Local Bank: any bank, savings and loan association, or trust company with a physical branch located in the State of North Carolina and within a one hundred (100) miles radius of the Village of Pinehurst.
Lodging Unit: a furnished room of a minimum two hundred (200) square feet that includes sanitary facilities, and that may include limited kitchen facilities.
Lot Coverage: determined by dividing that area of the lot that is occupied or covered by the total horizontally projected surface of all buildings, including covered porches and accessory buildings, by the gross area of that lot.
Lot Depth: the depth of a lot is the average distance between the front and back lot lines measured at right angles to its frontage.
Lot Front: in the case of an interior or corner lot, the house frontage lot line along the street right-of- way.
Lot Lines: the lines bounding a lot. Where a lot of record includes a right(s)-of-way, the lot lines shall not extend into the right(s)-of-way.
Lot of Record (existing lot): a lot which is a part of a subdivision approved and recorded in accordance with the provisions of this Ordinance, a plat of which has been recorded by the owner in the office of the Moore County Register of Deeds or a lot described by metes and bounds, the description of which has been recorded by the owner in the office of the Moore County Register of Deeds.
Lot Width: the straight-line distance between the points where the building setback line intersects the two (2) side lot lines.
Lot: a parcel of land in undivided ownership occupied or intended for occupancy by a building together with its accessory buildings including the open space required under this Ordinance.
Lowest Adjacent Grade (LAG): the elevation of the ground, sidewalk or patio slab immediately next to the building, or deck support, after completion of the building.
Lowest Floor: the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or limited storage in an area other than a basement area is not considered a building's lowest floor, provided that such an enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Ordinance.
Lumen: A unit of measure of the quantity of light that falls on an area of one (1) square foot, every point of which is one foot from the source of one (1) candela.
Luminaire: a complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts.
Major Site Plan: a site plan which is submitted to the Village Council for approval pursuant to this Ordinance and meets the requirements of this Ordinance in which two (2) or more acres of land is disturbed.
Major Subdivision: any subdivision other than an exempt or minor subdivision.
Mansard Roof: a four-sided roof having a double slope on all sides, with the lower slope much steeper than the upper.
Manufactured Home Park: the location of two (2) or more manufactured or mobile homes on a parcel of land shall constitute a manufactured home park.
Manufactured Home: a structure that: (a) consists of a single unit completely assembled at the factory or of multiple principal components totally assembled at the factory and joined together at the site; (b) is designed so that the total structure (or in the case of a double-wide or triple-wide, each component thereof) can be transported on its own chassis; (c) is over forty (40) feet long and over ten (10) feet wide; and, (d) is originally designed for human occupancy and provides complete, independent living facilities for one (1) family when connected to required utilities.
Master Association: a nonprofit organization established pursuant to G.S. § 47F-3-101, or 47C-3-101, by Declaration, or its common law equivalent, or other nonprofit organization formed prior to the NC Planned Community Act and referenced in a Declaration with powers to enforce, adopt and amend the bylaws, rules, and regulations pursuant to G.S. § 47F-3-102 or 47C-3-102, or and by Declaration, or other governing documents, is responsible to maintain or provide for maintenance of ALL common property AND management of ALL Neighborhood Lodging Accommodations within the Planned Community Neighborhood.
Mean Sea Level: the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this Ordinance, the term is synonymous with the National Geodetic Vertical Datum (NGVD).
Medical Clinic: facilities that provide outpatient ambulatory or outpatient healthcare such as emergency medical clinics, ambulatory surgical centers, dialysis centers, outpatient family planning services, community health centers and clinics and blood and organ banks; and shall include general practice medicine, dental offices and medical specialists.
Medical Dormitory: facilities with a primary purpose to temporarily provide rooms for medical students in training, medical staff, or visitors of patients at an acute care hospital, and outpatients under treatment.
Medical Laboratory: a facility (not associated with another institution or business) to receive and process blood, body fluids and tissue samples for the purpose of providing test results primarily for medical offices and hospitals.
Medical Office: a use or building where medical treatment, consultation and/or analysis is conducted and which does not primarily involve the sale or transfer of goods by the medical business to the customer at that location. This includes, but is not limited to: dental offices, mental health offices, and medical offices.
Metes and Bounds: a means of describing the location of land by defining boundaries in terms of directions (courses) and distances from one (1) or more specified points of reference.
Minor Site Plan: a site plan that is submitted to the Village Planner for approval pursuant to this Ordinance and that meets the requirements of this Ordinance.
Minor Subdivision: A subdivision of land not meeting the Exempt Subdivision requirements which does not involve any of the following:
(A) Creation of more than three (3) lots from any one tract of land (as the tract existed on October 23, 1995) whether such lots are created at one (1) time or over a period of ten (10) years, thereafter;
(B) Dedication or improvement of any new street other than widening approved existing streets.
Minor Watershed Variance: for the purposes of the watershed protection overlay district only, a minor variance is any variance that does not qualify as a major variance.
Mixed Use Development: The development of a neighborhood, tract of land, building, or structure with a variety of complementary and integrated uses, such as, but not limited to, residential, office, manufacturing, retail, public, and recreation, in a compact physical form.
Model Sales Home: a permanent building which is typical of the dwellings in the residential development in which it is located and which is temporarily used for the purpose of display and sales associated with that residential property, but intended for ultimate use as a residential dwelling unit.
Modular Structure: a factory manufactured structure designed for year-round residential or commercial use with major components or modules pre-assembled and transported to a site for final assembly and utility connection. Such structure must meet all requirements of the North Carolina Uniform Residential Building Code and must have attached a North Carolina validating stamp.
Mooring Buoy: a floating object anchored to the lakebed to which boats or floats/rafts may be secured.
Multi-Family Development: one (1) or more buildings containing multi-family dwellings located on a single property.
Multi-Family Dwelling: a dwelling, or combination of dwellings, or portion of a building on a single lot used for the purpose of providing three (3) or more dwelling units that may share means of ingress and egress.
Municipal Public Service Facility: any building, structure, facility or complex that the Village of Pinehurst operates in order to provide public services to the residents of Pinehurst. These buildings and grounds may consist of but are not limited to the following: office/professional space, fleet maintenance activities, indoor equipment and material storage, outdoor equipment and material storage, under shed vehicle/equipment storage, yard debris piles, fuel tanks & associated pumps, radio antennae, vehicle wash bays, recycling storage, heavy and light vehicle parking, as well as ancillary and accessory uses associated with any of the above uses or necessary to provide public services to the Village of Pinehurst.
Municipal Recycling Collection Stations: a Village of Pinehurst operated center for the acceptance by donation, redemption, or purchase, of recyclable materials from the public.
Muted Color: a color that has tinted, subdued shades or hues that are not bright or reflective.
National Geodetic Vertical Datum (NGVD): as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain.
Natural Erosion: the wearing away of the earth's surface by water, wind, or other natural agents under natural environmental conditions undisturbed by man.
Natural Watercourse: any stream, river, swamp, canal, or other waterway in which sediment may be moved or carried in suspension, and which could be damaged by the accumulation of sediment.
Neighborhood Lodging Accommodation (NLA): is the lodging use of a Dwelling Unit within a Planned Community Neighborhood where the Dwelling Unit is leased, offered or made available by short term lease or other financial consideration for a time period or lease term of less than 30 consecutive days which use is permitted or not prohibited through Declaration or other governing documents and is authorized and managed through the Master Association of the Planned Community Neighborhood.
Net Density: the number of dwelling units or the amount of non-residential gross floor area on a particular tract or parcel of land, not taking into account the portions of the tract or parcel on which buildings may not be erected, or development may not occur. Such areas closed to development include, but are not limited to: street rights-of-way, areas of special flood hazard, lakes or other water bodies, or wetlands falling under the regulatory jurisdiction of the U.S. Army Corps of Engineers, buffers and recreational and open spaces.
New Construction: any construction of a new structure, building or dwelling unit other than "substantial improvement" or an addition, repair or renovation to an existing structure or building.
Nonconforming Lot: a lot that met all legal requirements when it was platted or otherwise recorded, but which does not comply with the minimum lot area or minimum lot width requirements of this Ordinance, or a subsequent amendment hereto, for the zoning district in which it is located.
Nonconforming Sign: any sign that met all legal requirements when constructed but that does not comply with this Ordinance or a subsequent amendment hereto. An illegal sign is not a non-conforming sign.
Nonconforming Structure: a building or structure that met all legal requirements when constructed but which does not comply with this Ordinance or a subsequent amendment hereto.
Nonconforming Use: any legally existing use that met all legal requirements when it was first established, which fails to comply with the provisions of this Ordinance or a subsequent amendment hereto.
Nonconformity: any use, building, structure, or lot which was lawful at the time it was constructed or established but which fails to comply with one (1) or more of the applicable regulations or standards of this Ordinance or a subsequent amendment hereto.
Non-Cutoff Light: an artificial outdoor lighting fixture designed to allow light to be directly emitted in all directions.
Non-Residential: used or intended for purposes other than as a dwelling unit.
Nursery: a retail or wholesale enterprise, which grows trees, shrubs, vines and other plants for sale or distribution.
Nursing Home Dwelling Unit: a room or other portion of a nursing home intended for no more than two (2) persons.
Nursing Home: a facility, however named, which is advertised, announced or maintained for the express or implied purpose of providing nursing or convalescent care for three (3) or more persons unrelated to the licensee. A "nursing home" is a home for chronic or convalescent patients who, on admission, are not as a rule acutely ill and who do not usually require special facilities such as an operating room, x-ray facilities, laboratory facilities and obstetrical facilities. A "nursing home" provides care for persons who have remedial ailments or other ailments, for which medical and nursing care are indicated, who, however, are not sick enough to require general hospital care. Nursing care is the primary need, but they will require continuing medical supervision. (NCGS §131E-101(6)). They include the following:
(A) Adult Care Home: an assisted living residence in which the housing management provides twenty-four (24)-hour scheduled and unscheduled personal care services to two (2) or more 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. Designated, trained staff may administer medication in an adult care home. Adult care homes that provide care to two (2) to six (6) unrelated residents are commonly called family care homes. (NCGS §131D-2 (a) (1b), 8/30/04);
(B) Assisted Living Residence: any group housing and services program for two (2) or more unrelated adults, by whatever name it is called, that makes available, at a minimum, one (1) meal a day and housekeeping services and provides personal care services directly or through a formal written agreement with one (1) or more licensed home care or hospice agencies. The department may allow nursing service exceptions on a case-by-case basis. Settings in which services are delivered may include self-contained apartment units or single or shared room units with private or area baths. Assisted living residences are to be distinguished from nursing homes subject to provisions of NCGS §131E-102. Effective October 1, 1995, there are two (2) types of assisted living residences: adult care homes and group homes for developmentally disabled adults. Effective July 1, 1996, there is a third type, multi-unit assisted housing with services. (NCGS §131D-2 (a)(1d), 8/30/04);
(C) Continuing Care Retirement Community: a building or group of buildings which provides to individuals lodging together with nursing services, medical services, or other health related services, pursuant to an agreement effective for the life of the individual(s), or for a period in excess of one (1) year. Care must be provided by persons who are not related by blood, marriage, or adoption of the individuals who are residents/patients;
(D) Hospice: any coordinated program of home care with provision for inpatient care for terminally ill patients and their families. A Hospice program of care provides palliative and supportive medical and other health services to meet the physical, psychological, social, spiritual and special needs of patients and their families that are experienced during the final stages of terminal illness and during dying and bereavement;
(E) Hospice Inpatient Facility: a freestanding licensed hospice facility or a designated inpatient unit in an existing health service facility which provides palliative and supportive medical and other health services to meet the physical, psychological, social, spiritual, and special needs of terminally ill;
(F) Hospice Residential Care Facility: a freestanding licensed hospice facility which provides palliative and supportive medical and other services to meet the physical, psychological, social, spiritual, and special needs of terminally ill patients and their families in a group residential setting;
(G) Intermediate Care Facility for the Mentally Retarded: facilities licensed pursuant to Article 2 of Chapter 122C of NCGS for the purpose of providing health and rehabilitative services based on the developmental model and principles of normalization for persons with mental retardation, autism, cerebral palsy, epilepsy or related conditions;
(H) Multi-Unit Independent Housing with Services: an assisted living residence in which hands-on personal care services and nursing services which are arranged by housing management are provided by a licensed home care or hospice agency, through an individualized written care plan. The housing management has a financial interest or financial affiliation or formal written agreement that makes personal care services accessible and available through at least one (1) licensed home care or hospice agency. The resident has a choice of any provider, and the housing management may not combine charges for housing and personal care services. All residents, or their compensatory agents, must be capable, through informed consent, of entering into a contract and must not be in need of twenty-four (24)-hour supervision. Assistance with self-administration of medications may be provided by appropriately trained staff when delegated by a licensed nurse according to the home care agency's established plan of care. Multi-unit assisted housing with services programs are required to register with the division of facility services and to provide a disclosure statement. The disclosure statement is required to be a part of the annual rental contract that includes a description of the following requirements:
(1) Emergency response system;
(2) Charges for services offered;
(3) Limitations of tenancy;
(4) Limitations of services;
(5) Resident responsibilities;
(6) Financial/legal relationship between housing management and home care or hospice agencies;
(7) A listing of all home care or hospice agencies and other community services in the area;
(8) An appeals process; and
(9) Procedures for required initial and annual resident screening and referrals for services. Continuing care retirement communities, subject to regulation by the Department of Insurance under Chapter 58 of the NCGS, are exempt from the regulatory requirements for multi-unit assisted housing with services programs. (NCGS §131D-2(a)(7a) 8/30/04);
(10) Respite care, institutional: provision of temporary support to the primary caregiver of the aged, disabled, or handicapped individual by taking over the tasks of that person for a limited period of time. The insured receives care for the respite period in an institutional setting, such as a nursing home, family care home, rest home, or other appropriate setting;
(11) Respite care, non-institutional: provision of temporary support to the primary caregiver of the aged, disabled, or handicapped individual by taking over the tasks of that person for a limited period of time in the home of the insured or other appropriate community location.
Office: a use or building where business is conducted which does not primarily involve the sale or transfer of goods by the business to the customer at that location. This includes, but is not limited to: general business offices, government offices, insurance offices, law offices, and real estate sales and management offices.
Official Maps or Ordinances: any maps or ordinances officially adopted by the Village Council as a guide to or for required standards of development.
Off-Site Sign: any sign that is used to attract attention to an object, person, product, institution, organization, business, service, event, or location that is not located on the premises upon which the sign is located. This shall not include traffic, directional, or regulatory signs or notices erected by a federal, state, county, or municipal government agency.
Off-Street Parking Space: a space which is designed for the parking or temporary storage of one (1) automobile, and is located outside of a dedicated street right-of-way.
Open Space: any portion of a parcel or area of land or water which is open and unobstructed by structures from the ground to the sky including areas maintained in a natural and undisturbed character. Open space may include recreational facilities such as swimming pools, golf courses, greenways and tennis courts. This term includes land under an obligation to keep such land free from development except for recreational facilities for a stated period of time. Such land may be conveyed to a homeowners association with responsibility for maintenance, or be publicly owned. Areas used primarily for stormwater retention/detention shall not be considered open space.
Outside Sales: the retail sale of goods and products outside of a permanent structure that are clearly secondary to the function contained in that structure. This includes, but is not limited to: landscape materials, lawn and garden supplies, and produce. This definition is not intended to include the specific use category of automobile sales or nurseries and garden centers.
Overlay District: a district which applies supplementary or replacement regulations to land which is classified into a General Use District or Conditional Use District.
Owner: any person, agent, firm, partnership or corporation having a legal or equitable interest in property.
Park: land owned by the Village of Pinehurst, which is used or intended to be used for public recreation, including both active or passive recreation.
Parking Area: a designated area operated as the principal use of a property either as a commercial use or an accessory use for an adjacent property.
Parking Lot, Principal Use: a stand-alone parking lot that is available for public or private use, but that is not accessory to another use.
Parking Structure: an above ground or subsurface parking deck or garage.
Patio Dwelling: a multiple of not more than six (6) single-family dwellings connected on not more than two (2) sides by common walls.
Pawnshops: premises operated by a pawnbroker (established by NCGS) who is engaged in the business of lending money on the security of pledged goods and who may also purchase merchandise for resale from dealers and traders.
Pedestal Signs: sign not permanently affixed to the ground or building, constructed on a stand allowing it to be self-supporting and portable.
Pedestrian Path: a cleared way for pedestrians or bicycles that may or may not be paved or otherwise improved.
Pennant: any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, which is suspended from a rope, wire, string, or pole, usually in series, and which is designed to move in the wind.
Permit: an official document or certificate issued by the village or an official thereof, authorizing performance of a specified activity or granting a particular right, use or duty.
Permitted Use: a land use as a permitted use in the zoning district in which it is located, and which is subject to the approval procedures.
Person: any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity.
Personal Services: cosmetic services such as hair and nail salons, tanning salon, barber shops, clothing alterations, shoe repair, weight loss centers and non-permanent makeup services.
Personal Services, Restricted: a personal service establishment that may tend to have a blighting and/or deteriorating effect upon surrounding areas and that may need to be dispersed from other similar uses to minimize its adverse impacts, including check-cashing services and tattooing, piercing, and similar services. These uses may also include accessory retail sales of products related to the services provided.
Pet House: A small structure providing shelter for a pet while it is outside of a home.
Pet Run: An outdoor fenced enclosure for the sole purpose of allowing a pet to be outdoors in a controlled area without being tethered.
Pitch of Roof: the angle of the roof slope, expressed in ratio of vertical to horizontal.
Planned Community Neighborhood (PCN): is a contiguous area containing at least twenty (20) acres, or twenty (20) dwelling units as included within a platted subdivision or condominium development for which any person or corporation, by virtue of ownership of a lot or Dwelling Unit within the PCN, is by Declaration governed by a Master Association with powers to enforce and adopt and amend, the bylaws, rules, and regulations and which property owners within the PCN are obligated to pay real property taxes, insurance premiums, or other expenses to maintain, improve, or benefit other lots or common areas or other real estate described in the Declaration. This definition also applies to planned communities created prior to January 1, 1999, that elect to make G.S. Chapter 47F applicable to the planned community by an affirmative vote or written agreement signed by lot owners of lots, or unit owners of units, to which at least sixty-seven percent (67%) of the votes in the association are allocated.
Plat: a map or plan of a parcel of land which is to be or has been subdivided, containing sufficient data in order that a determination may be readily made as to the location, bearing and length of every street and alley line, lot line, easement boundary line and other boundary line and meeting the required standards of this Ordinance.
Playground Equipment: equipment or structures including swing sets, sandboxes, jungle gyms, slides, and other similar items intended for permanent recreational use. Note: substantially sized playhouses that meet the North Carolina State Building Code definition for accessory structure are considered to be accessory structures.
Political Sign: a sign attracting attention to political candidates or political issues.
Pond: a permanent, natural, or artificial inland body of water either controlled by natural barriers or by dams and of relatively constant surface level, in which sediment may be moved or carried in suspension and which could be damaged by the accumulation of sediment.
Portable Sign: any sign that is not permanently affixed to a building, structure, or the ground, or that is not designed to be permanently affixed to a building, structure, or the ground.
Portico: a porch or walkway, open to the outside air that is covered by a roof which is supported by columns or pillars, typically leading to the entrance of a building. A covered porch attached to the main facade of a building, supported by columns.
Post Office: establishments conducting operations of the United States postal service including permanent, contract, and lease stations.
Potable Wells: private drinking water wells.
Primary Level: the level of a building containing the primary living areas such as the kitchen, den and living room. This term may also include bedrooms. A basement is not considered to be a primary level.
Principal Building: the main structure on a lot in which the principal use of that lot is conducted.
Private Clubs: facilities designed to provide meeting and event space for non-profit membership organizations. Such organizations include alumni associations, booster clubs, scouting organizations, ethnic associations, social clubs, fraternal lodge and veterans' membership organizations primarily engaged in promoting the civic and social interests of their members.
Private Garage: any building or space used as an accessory to or a part of the main buildings permitted in any residential district, and providing for the storage of motor vehicles and in which no business, occupation, or service for profit is in any way conducted.
Private Road or Street: any road or street which is not publicly owned and/or maintained and is used for access by the occupants of the development and their guests.
Professional Office: a use or building maintained by a member of a recognized profession for the conduct of that profession. This includes, but is not limited to, the office of a physician or other licensed health care professional, lawyer, accountant, realtor, investment broker, engineer, or architect.
Professional Services: services provided that make available the knowledge and skills of their employees to sell expertise and perform professional, scientific, and technical services to others such as legal services; accounting, tax, bookkeeping, and payroll services; architectural, landscape architectural, engineering, and related services; graphic, industrial, and interior design services; consulting services; research and development services; advertising, media, and photography services; real estate services; investment banking, securities, brokerages; and insurance-related services.
Property: all real property subject to the provisions of this Ordinance.
Public Safety Station: facilities for federal, state and local law enforcement, fire protection agencies and emergency medical services, and their accessory uses including office space, temporary holding cells, equipment and evidence storage facilities, and vehicle garages. This definition is not intended to be inclusive of vehicle impoundment lots or state prison facilities.
Public Water Supply: a system for the supply of potable water to two (2) or more dwellings or business units, or any combination thereof.
Qualifying Tree: Any healthy tree with a diameter breast height of eight (8) inches and greater.
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, certificates of appropriateness, and appeals of administrative determinations. Decisions on the approval of subdivision plats and site plans are quasi-judicial in nature if the regulation authorizes a decision-making board to approve or deny the application based not only upon whether the application complies with the specific requirements set forth in the regulation, but also on whether the application complies with one or more generally stated standards requiring a discretionary decision on the findings to be made by the decision-making board.
Racetrack: a commercial outdoor course prepared for the competitive activities of animals, automobiles, other vehicles, bicycles or skate boards.
Radio/TV Studio or Station: a broadcasting facility of a television, radio, cable television provider, or other programming provider, which shall not include transmitting towers or antennae on site.
Real Estate Sales Office: a building or structure, which is located on the site of a development or subdivision and temporarily used for the purpose of selling or leasing properties located within that development or subdivision.
Rear Yard: a yard extending across the full width of the lot and measured between the rear line of the lot and the rear line of the main building. Eaves, steps, uncovered porches, terraces and patios are considered part of the main building.
Recreation Area: an area of common open space developed to provide recreational facilities for the use of the residents of the community and/or the general public. Such recreational facilities may include, but are not limited to: golf courses, parks, playgrounds and athletic areas, swimming pools, tennis courts, picnic areas, riding trails, and appropriate service facilities.
Recreation Facility, Indoor: a facility providing recreational activities enclosed within buildings, including indoor swimming pools and tennis courts, gymnasiums, exercise facilities and associated activities.
Recreation Facilities, Outdoor: privately owned active or passive recreation area such as ball fields, batting cages, skateboard parks, playgrounds, driving ranges, miniature golf courses, greenway trails, tennis courts, riding stables, campgrounds, theatres, and performance areas and their customary accessory uses including, but not limited to, maintenance sheds, clubhouses (with or without food service), pools, restrooms, picnic shelters.
Recreational Center: a building, enclosed structure or facility for use by the public for recreational clubs and activities, such as country clubs, tennis courts, swimming pools, and/or gymnasiums.
Recreational Vehicle Park: The use of land, which includes two (2) or more spaces (sites) which are provided for temporary rental only, upon which recreational vehicles are provided utility hook-ups and services. If offered, service buildings and areas necessary to provide laundry, sanitation, storage, vending machines, and other permitted services shall only be provided by the facility operator for the use and convenience of recreational vehicles.
Recreational Vehicle: a vehicle that is:
(A) built on a single chassis or capable of being placed in or on a vehicle;
(B) four hundred (400) square feet or less when measured at the largest horizontal projection;
(C) designed to be self-propelled or towable by a motor vehicle;
(D) designed primarily for use as temporary living quarters for recreational, camping, travel or seasonal use.
Record Drawing: a reproducible drawing showing the true and actual location and nature of buildings, structures, plant materials, underground utility lines and connections, and other features or improvements which have been installed on or off the property pursuant to a development plan approved under this Ordinance, to be used to determine compliance with the requirements of this Ordinance.
Redevelopment: demolition of existing principal structure(s) on a parcel or through building additions that increase the building footprint of the principal structure by fifty percent (50%) or more through single or cumulative additions.
Reference Level: the bottom of the lowest horizontal structural member of the lowest floor, excluding the foundation system, for structures within all special flood hazard areas.
Regulatory Flood Protection Elevation: the base flood elevation plus the freeboard. In special flood hazard areas where base flood elevations (BFEs) have been determined, this elevation shall be the BFE plus two (2) feet of freeboard. In special flood hazard areas where no BFE has been established, this elevation shall be at least two (2) feet above the highest adjacent grade.
Rehabilitation Facility: an indoor facility including uses such as exercise equipment, specialized rehabilitation equipment, game courts, swimming pools, locker rooms where patients and members receive physical therapy or other medical treatment.
Religious Institution: any facility such as a church, temple, monastery, synagogues, or mosque used for worship by a non-profit organization and their customary accessory uses including space for religious education, kitchens, activity rooms, staff housing (rectory, parsonage) and offices.
Required Setback: the minimum distance between the property line and the building required by the zoning district and measured from the property line.
Residential Care Facilities (more than 6 residents): A staffed premises (not a single-family dwelling) with paid or volunteer staff that provides full-time care to more than six (6) individuals. Residential care facilities include group homes (NCGS §131D), nursing homes (NCGS §131E-101), residential child-care facilities (NCGS § 131D-10.2), assisted living residences (NCGS §131D-2), adult care homes (NCGS §131D-2), retirement housing, congregate living services, assisted living services, continuing care retirement centers, skilled nursing services and orphanages, their associated uses and structures including, but not limited to: congregate dining facilities, recreational and social facilities, health care facilities and similar service, gift shops, snack shops, banks, barber/beauty shops for residents, and other similar services that are available exclusively to the residents and staff of the facility. This term excludes family care homes and halfway houses.
Residential Development: buildings for residence such as attached and detached single-family dwellings, apartment complexes, condominiums, townhouses, cottages, etc. and their associated outbuildings such as garages, storage buildings, gazebos, etc.
Resource Conservation Facilities: fishponds, nature preserves, botanical and zoological gardens, water reservoirs, lakes, ponds, engineered storm water control devices and dams.
Restaurant: any retail establishment whose principal business is the preparation and service of food and beverages as a ready-to-eat meal.
Retail Store: a single building, property, activity, or portion thereof, the principal use or purpose of which is the sale of goods, products, or materials directly to the consumer. This includes, but is not limited to: antiques, clothing stores, appliance stores, bakeries, coffee shop, wine shop, food stores, grocers, caterers, pharmacies, book stores, furniture stores, hardware stores, pet stores, toy stores, and variety stores. It does not include restaurants, personal service establishments, convenience stores, or amusement establishments.
Right-of-Way: an area owned or maintained by the Village, the State of North Carolina, a public utility, a railroad, or a private concern for the placement of such utilities and/or facilities for the passage of vehicles or pedestrians, including roads, pedestrian walkways, utilities, or railroads.
Satellite Dish Antenna: any antenna of any size, including DSS antennae and any supporting structure, designed to receive signals from orbiting satellites or similar sources.
Schools, Elementary & Secondary: a public or private institution for education or learning including athletic or recreational facilities, which does not include lodging. This institution includes any school licensed by the state and that meets the state requirements for elementary and secondary education. This institution may include remedial after school activities.
Schools, Vocational/Technical: a public or private institution for education or learning including athletic or recreational facilities, which does not include lodging. These schools offer vocational and technical training in a variety of technical subjects and trades. Training may lead to job-specific certification.
Sediment: solid particulate matter, both mineral and organic, that has been, or is being transported by water, air, gravity, or ice from its site of origin.
Semi-Detached Dwelling: two (2) single-family dwellings connected on one (1) side by a common dividing wall. Each single-family dwelling is to be situated on its own lot with a zero lot line between units.
Septic System /Tank: private wastewater disposal systems for private home use.
Service Court: enclosed area attached to, or on the same lot as, a principal building which contains HVAC equipment, trash containers, service doors, docks, and other similar facilities.
Setback: (see building setback).
Sexually Oriented Business: any place defined as an "adult establishment" as defined by NCGS §14-202.10 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. Sexually 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 NCGS §14-202.10 as such statute may be amended from time to time.
Shooting Range: a permanently located and improved area that is designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, archery, air guns, black powder or any other similar sport shooting in an outdoor environment and/or outdoor facility.
Shoreline: the line made by the natural intersection of the water on the shore.
Short Term Rental: a use of a Dwelling Unit for transient lodging occupancy under a short-term lease or for other financial consideration for a time period, lease term or sublease term of less than 30 consecutive days for a cumulative total of more than 14 days in any calendar year. Short Term Rental does not include other defined lodging uses identified on Table 8.5.1a of the Table of Permitted and Special Uses and Special Requirements.
Shutter: a decorative cover for a window, fit to actual height of window.
Side Yard: an open space on the same lot with a building (steps, eaves, and uncovered porches, terraces or patios are considered part of the main building), and the side line of the lot extending through from the front building line to the rear yard or to the rear line of the lot, where no rear yard is required.
Sight Triangle: (or horizontal sight distance): the horizontal and vertical areas at the intersections of streets and/or driveways which must remain unobstructed, in order to ensure that drivers can see traffic and pedestrians around the corner of the intersection, entrance or driveway.
Sign: any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trademarks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are visible from any public street or adjacent property and used to attract attention. This does not include seasonal or holiday displays, flags denoting a school or sport, or garden art.
Single Family Residential: any development where:
(A) no building contains more than one (1) dwelling unit;
(B) every dwelling unit is on a separate lot; and
(C) where no lot contains more than one (1) dwelling unit.
Single-Family Dwelling: a detached dwelling or condominium unit consisting of a single dwelling unit only.
Single-Family Site Plan: A site plan prepared for single family residential development in which permanent foundations are being constructed such as new home construction, additions to homes, swimming pools and/or accessory buildings.
Site Plan: a scaled drawing and supporting text showing the relationship between the lot lines and the existing or proposed uses, buildings, or structures on the lot. The site plan may include site-specific details such as building areas, building height and floor area, setbacks from lot lines and street rights-of-way, intensities, densities, utility lines and locations, parking, access points, roads, and stormwater control facilities that are depicted to show compliance with all legal required development regulations that are applicable to the project and the site plan review. A site plan review based solely upon application of objective standards is an administrative decision, and a site plan approval based in whole or in part upon the application of standards involving judgment and discretion is a quasi-judicial decision. A site plan may also be approved as part of a conditional zoning decision.
Site-Specific Vesting Plan: a plan submitted in which the applicant requests vesting describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property. The plans may be of the following types: a planned unit development plan, a subdivision plat, a preliminary or general development plan, a special use permit, a conditional district zoning plan, or any other land-use approval designation.
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.
Small Equipment Repair/Rental: the repair and/or rental of small equipment as a primary use including televisions, computers, cleaning equipment, vacuum cleaners, and other equipment that can be transported by automobile, small truck/van, but excluding small gasoline or other combustion engines.
Small Engine Repair/Sales: the repair, servicing, alteration or restoration of lawn mowers, leaf blowers, and other small gasoline or combustion engines as a primary use, including the incidental wholesale and retail sale of parts and supplies as an accessory use.
Small/Micro Wireless Facility: these facilities shall be defined by NCGS § 160A-400.51.
Small Trees/Large Shrubs: deciduous or evergreen trees or shrubs with a mature height or spread of ten (10) to thirty (30) feet.
Solar Panel: a solar thermal collector used to convert energy contained within the sun's rays into energy. 'Solar panel' may refer to a photovoltaic module which is an assembly of solar cells used to generate electricity.
Solid Waste Disposal Facility: as defined in NCGS §130A-290(a)(35), any facility involved in the disposal of solid waste.
Solid Waste Disposal Site: as defined in NCGS §130A-290(a)(36), any place at which solid wastes are disposed of by incineration, sanitary landfill, or any other method.
Special Event: any activity or circumstance of a business or organization, which is not part of its daily activities. Such activities may include, but are not limited to, grand openings, closeout sales (pursuant to Article 17 of Chapter 66 of the General Statutes), and fund raising membership drives, or temporary events conducted by civic, philanthropic, educational, or religious organizations.
Special Flood Hazard Area (SFHA): the land in the floodplain subject to a one percent (1%) or greater chance of being flooded in any given year, as identified under the Cooperating Technical State (CTS) agreement between the State of North Carolina and Federal Emergency Management Agency (FEMA) in its Flood Insurance Study (FIS) and its accompanying Flood Insurance Rate Maps (FIRM).
Special Flood Hazard: any area designated on a Flood Hazard Boundary Map or Flood Insurance Rate Map panel designated as a zone a.
Specimen Tree: any healthy living tree that:
(A) Has a trunk diameter at breast height (DBH) of twenty-four (24) inches or more;
(B) A trunk DBH of twelve (12) inches or more in the case of the following species:
(1) Ilex species (holly);
(2) Magnolia species;
(3) Longleaf Pine species.
(C) Is listed as a State or National Champion by the North Carolina Forest Service or the American Forestry Association;
(D) Provides unique habitat for any endangered or threatened wildlife species protected by Federal law; or
(E) Has been cited by the Village Council as being historically significant.
Stable: a building in which horses are sheltered and fed; such a building having stalls or compartments on a lot not less than three (3) acres in size.
Storage, Self-Service: a building for the indoor keeping of materials; containing separate enclosed storage spaces of varying sizes leased or rented on an individual basis.
Storage, Outside Storage Yard: the keeping of any material for a period greater than forty-eight (48) hours, including items for sale, lease, processing and repair (excluding vehicles for sale) outside the principal or accessory buildings on a property. Storage of construction materials on an active job site may not be defined as outside storage.
Storage, Warehouse, Indoor Storage: facilities for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include warehouse, storage, or mini-storage facilities offered for rent or lease to the general public; warehouse facilities primarily used for wholesaling and distribution; or terminal facilities for handling freight.
Storm Drainage Facilities: the system of inlets, conduits, channels, ditches, and appurtenances which serve to collect and convey storm water through and from a given drainage area.
Storm Water Runoff: the direct runoff of water resulting from precipitation in any form, which cannot percolate into the surface or be accommodated satisfactorily by the existing drainage system and which therefore travels overland to the nearest channel.
Story: that portion of a building included between the upper surface of a floor and the upper surface of the next floor or roof next above. It is measured as the vertical distance from top to top of two (2) successive tiers of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.
Stream: a perennial or intermittent stream shall be deemed present if the feature is shown on either the most recent version of the soil survey map prepared by the natural resources conservation service of the United States Department of Agriculture (USDA) or the most recent complete version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). [Universal Stormwater Model Ordinance for North Carolina]
Stream Buffer (Lake Buffer): the area of natural or planted vegetation through which storm water runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. The buffer is measured landward from the normal pool elevation of impounded structures and from the bank of each side of streams or rivers.
Street: a right-of-way for vehicular traffic abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare, except an alley.
Structure: for floodplain management purposes only, a walled and roofed building, a manufactured home, including a gas or liquid storage tank(s), or other man-made facilities or infrastructure that are principally above ground. For all other purposes of this Ordinance means that which is built or constructed.
Studio, Art, Dance, Martial Arts, Music: facilities for individual and group instruction and training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; martial arts training studios; gymnastics, yoga, and similar instruction; and aerobics and gymnastics studios with no other fitness facilities or equipment.
Subdivider: any person, firm, or corporation who divides or develops any land in a subdivision.
Subdivision: all divisions of a tract or parcel of land into two (2) or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) and shall include all divisions of land involving the dedication of new streets or a change in existing streets.
Substantial Damage: damage of any origin sustained by a structure during any one (1)-year period whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. Substantial damage also means flood-related damage sustained by a structure on two (2) separate occasions during a ten (10)-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty-five percent (25%) of the market value of the structure before the damage occurred.
Substantial Improvement: any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during any one (1)-year period for which the cost equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed but does not include:
(A) any correction of existing violations of state or community health, sanitary, or safety code specifications which have been identified by the community code enforcement official and which are the minimum necessary to assure safe living conditions; or,
(B) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
Surveyor: a person whose occupation is surveying land, and is a registered professional in the State of North Carolina as a land surveyor.
Swale: a gentle man-made or natural depression in grade for drainage of surface water.
Swimming Pool: Any structure intended for swimming or recreational bathing. This includes in- ground, above-ground and on-ground swimming pools, hot tubs and spas.
Seasonal Swimming Pool: Any structure intended for swimming or recreational bathing that contains water forty-eight (48) inches deep or less. These are intended to be structures that are easy to erect and remove at the end of the swimming season and typically are not hard wired for electricity if needed or provided.
Technical Review Committee (TRC): a staff committee appointed by the Village Manager and chaired by the Village Planner for the purpose of providing the Village Planner with technical advice on subdivision and development plan matters.
Telecommunications Facility: a structure whose primary purpose is to support communications equipment. This definition includes tower/antenna combinations (not tower/antenna/building combinations) and the height measurement applies to those combinations. The foregoing notwithstanding, this definition shall not include wire-supporting electric power transmission and telephone poles. The setback, security, and screening provisions of this Ordinance apply to telecommunication facilities as herein defined, only.
Temporary Certificate of Occupancy: a Certificate of Occupancy issued under the terms on the North Carolina Building Code which expires under its own terms after a limited time.
Temporary Portable Building: a building intended for nonresidential use for a limited time period, consisting of one (1) or more modules constructed off the ultimate site of use and transported to that site either on its own wheels or otherwise.
Temporary Sign: a sign that can be used only for a designated period of time.
Temporary Use: a land use on an individual parcel or site established for a limited and fixed period of time for a purpose which may not normally be permitted in a zoning district, or which does not meet all zoning requirements, but which is necessary in special situations.
Theater, Indoor (movie or live performance): a specialized facility for showing movies or motion pictures on a projection screen or a stage for live performances. This category also includes cineplexes and complex structures with no more than two (2) theaters.
Through Lot: a through lot is any zoning lot, not a corner lot, that adjoins two (2) street lines opposite to each other and parallel or within forty-five (45) degrees of being parallel to each other. Any portion of a through lot that is not or could not be bounded by two (2) such opposite street lines, and two (2) straight lines intersecting such street lines, shall be subject to the regulation for an interior lot.
Tower, Lattice: a guyed or self-supporting multi-sided, open, steel frame structure used to support communications equipment.
Tower, Monopole: a structure composed of a single spire used to support communications equipment.
Tower: see communication tower.
Townhome: a building with two (2) or more residential units that are located side by side where each unit has a separate entrance from the outside. Townhomes typically have one (1) primary yard (rear) and a small front setback to provide some landscaping.
Townhouse Unit Development: a type of subdivision utilizing a development design technique, which enables substantial modification of lot size standards and setback regulations without increasing the allowable density for the zoning district in which the development is located. The common open space is substantially increased for the benefit of all occupants of the townhouse development.
Tract: contiguous parcel(s) of land being disturbed or to be disturbed as a unit, regardless of ownership.
Traffic Sign: a sign indicating federal, state, or municipal regulations for automobile, truck, bicycle, and/or pedestrian movement.
Transitional Shelter: an area within a principal church structure that is used for temporary housing for no more than twelve (12) consecutive months. The building or structure shall meet all requirements of the Pinehurst Municipal Code, section 150.01 (North Carolina Building Code).
Understory Tree: trees whose total height at maturity is less than thirty (30) feet.
Use Zone: the area under and around playground equipment where a child might fall and that is free of other equipment and obstacles.
Utilities-Moore County and VOP: facilities or systems for the distribution of steam or water, the collection, treatment and disposal of sewage or refuse; of similar functions necessary for the provision of public services. Radio transmission facilities less than one hundred eighty (180) feet in height for use by ham radio operators or two-way radio facilities for business or governmental communications shall be deemed accessory uses and not utilities.
Utilities are divided into three (3) classes:
Class 1 - distribution, transmission and collection lines (above and below ground) including waste water collection, and water distribution lines; pumping stations, and lift stations;
Class 2 - elevated water storage tanks; package treatment plants; or other similar facilities in connection with steam and water facilities, not including cellular communication towers.
Class 3 - generation, production, or treatment facilities such as water and sewage plants.
Utilities-All Other: any facility not owned by Moore County or the Village of Pinehurst, including a building or structure that houses or contains facilities or equipment, for the operation of a public utility water, waste water, waste disposal, gas, electric or telecommunication land line services. Public utility facilities include, but are not limited to, waste water collection lines, water distribution lines, water pumping stations and filtration plants, waste water and storm water treatment plants, gas transmission and distribution lines, electrical transformer stations, electric transmission and distribution lines, telecommunications land lines and exchanges, wells, well houses, and water towers.
Variance: the permission to depart from the literal requirements of this Ordinance, granted by the zoning board of adjustment to a property owner where the enforcement of the literal requirements of this Ordinance will result in undue hardship.
Vehicle Rental/Leasing/Sales: establishments which may have showrooms or open lots for selling, renting or leasing vehicles. May include car dealers for automobiles and light trucks, mobile homes, motorcycle, ATV, or golf carts.
Vehicle Services - Maintenance, Repair/Body Work: the repair, servicing, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, trucks, recreational vehicles, boats, large appliances, commercial and industrial equipment and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This includes major repair and body work which encompasses towing, collision repair, other body work and painting services, and tire recapping. This may be an accessory use to an establishment that provides vehicle rental/leasing/sales.
Vested Right: the right to undertake and complete the development and use of property under the terms and conditions of an approved site-specific vesting plan.
Veterinary Services / Indoor Kennels: establishments that include services by licensed practitioners of veterinary medicine, dentistry, or surgery for animals; boarding services for pets; and grooming, where outdoor activities are incidental.
Village Planner: the planning director or his or her designee.
Violation: an infringement or breach of a duty or right granted under this Ordinance, or a failure to comply with one (1) or more of the provisions of this Ordinance.
Wall, Parapet: that portion of a building wall that extends above the level of the roofline.
Wall, Party: a firewall on an interior lot line used or adapted for separation or joint service between two (2) buildings.
Wall, Retaining: a wall designed to prevent the lateral displacement or movement of soil or other material.
Wall: an erection of stone, brick, wood, metal or other material intended to delineate a boundary or serve as a barrier or means of protection, confinement, screening or as an aesthetic component of landscaping.
Wallboard Signs: sign not permanently affixed to the wall intended to allow for changeable message, such as sales and menu items. Signs must be flush mounted to the wall surface when being displayed and not covering any window or doors.
Waste Disposal System: any public or private sewage system or public or private septic system.
Water Surface Elevation (WSE): the height, in relation to mean sea level, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
Watercourse: a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
Watershed Administrator: an official or designated person of the Village responsible for administration and enforcement of this Ordinance.
Watershed Management Area: that land area of a water supply watershed that is defined on maps on file in the Village Hall, provided that more precise boundaries may be established by topographic data from actual site surveys.
Watershed: the entire land area contributing surface drainage to a specific point (e.g. The water supply intake).
Welcome Center: a building or portion thereof, providing visitors a location with information on the area's attractions, lodging, maps, and other items relevant to tourism and the area. Often, these centers are operated by the local government or chamber of commerce.
Wetlands: those areas that are defined as wetlands by the United States Army Corps of Engineers. Wetlands are those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
Wholesaling and Distribution: establishments engaged in selling merchandise to retailers; to contractors, industrial, commercial, institutional, farm or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. The intent of these establishments is not to sell to the general public.
Woodlands: land that is undeveloped except for roads and utilities, and contains stands of indigenous trees.
Yard Sale: any sale open to the public conducted from or on a residential premise or in any residential zone for the purpose of disposing of personal property or other property, including but not limited to all sales entitled “estate”, "garage," "lawn," "yard," "attic," "porch," "room," "backyard," "patio," "flea," "rummage," and similar names.
Yard: an open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except by trees, shrubbery or driveways or as otherwise provided herein.
Zero Lot Line: where a building and its foundation area, and/or a small yard or patio area, are conveyed, under the following conditions:
(A) minimum lot area and width are non-applicable;
(B) must have open space on all sides not connected to a building;
(C) units within a patio home, duplex or multifamily structure using the zero lot line must be separated by an applicable fire rated wall(s).
Zoning District: a use district established in Chapter 8 of this Ordinance.
Zoning Lot: a zoning lot is either:
(A) a lot of record existing on the effective date of the zoning ordinance or any applicable subsequent amendment thereto; or
(B) a tract of land, either not subdivided or consisting of two (2) or more abutting lots of record located within a single block in single ownership.
(Ord. 14-35, passed 09-24-2014; Ord. 15-10, passed 05-26-2015; Ord. 16-07, passed 04-26-2016; Ord. 16-15, passed 09-27-2016; Ord. 17-09, passed 6-27-2017; Ord. 18-03, passed 2-27-2018; Ord. 21-12, passed 07-27-2021; Ord. 21-06, passed - -; Ord. 22-15, passed 10-26-2022; Ord. 22-21, passed 10-25-2022; Ord. 23-08, passed 4-11-2023; Ord. 23-10, passed 3-28-2023)