FENCE INFORMATION FROM SECTION 9.13 OF THE PINEHURST DEVELOPMENT ORDINANCE: (1) The purpose of this Subsection is to allow fences within districts which are architecturally compatible with each other, while preserving the flexibility of fences in the rural areas; (2) Fences and Walls in Residential Zoning Districts and/or on Residential Properties: (a) Fences, walls, and similar structures not over six (6) feet in height may project into the rear or side setback provided the lot does not abut a golf course or a lake. Fences, walls, and similar structures are prohibited in the rear setback if the lot abuts a golf course or a lake. If the side yard does not abut a golf course or a lake, fences, walls, and similar structures may be erected to a maximum height of six (6) feet. Such fence or wall shall not be built in or through a required buffer unless the fence or wall has been designed as an integral part of the buffer and approved as such; (b) Swimming pool fences shall be constructed in accordance with the current North Carolina State Building Code and also conform to the fence type, style and location requirements of the PDO. Pools built prior to 2002 that have not been enclosed with fencing shall be allowed to be fenced and the fencing may encroach up to 20% into the required golf course and lake setback. When using this encroachment only picket or wrought iron fence types may be used; see pool application. (c) If a property owner s rear lot line borders on the side lot line of another property owner, the side yard height limitation of six (6) feet applies to any fence erected on such property line for the length contiguous to said side yard; (d) Fences, walls, and similar structures not over 3.5 feet in height may project into or enclose any front setback. The 3.5 foot limitation shall apply to driveway entrance columns, but the total height of columns with light fixtures shall be a maximum of 5 (five) feet in height. (e) The existing ground elevation shall not be modified or elevated in any manner so as to construct a fence on an elevated berm, so as to increase the maximum allowable height of the fence unless the berm is proposed as part of a required buffer. (f) Fences, walls, and similar structures shall not exceed 4 feet in height when abutting a defined front yard of an adjacent property. Page 1 of 7
(g) Fences located within the R-210 zoning district may construct a split rail type fence not to exceed five (5) feet in height in the front yard. If an adjacent property is zoned as a more dense residential zoning district (R-30, R-20, R-15, R-10, R-8, R-5 or R-MF), a thirty (30) foot setback shall be required for the fence in the front yard if the fence exceeds (3) three and a (1/2) half feet in height unless separated by a public or private street right-of-way. (h) On corner lots a ten foot setback from the side street property line is required for fences located in the side and rear yard when those fences are greater than 4 in height. (3) Fences and Walls in Non-Residential Zoning Districts and/or on Non-Residential Properties: Except in the RD zoning district, fences and walls or similar structures not over six (6) feet in height may project into any required setback. Such fence or wall shall not be built in or through a required buffer unless the fence or wall has been designed as an integral part of the buffer and approved as such. Fence, walls, and similar structures are prohibited in the RD zoning district except that a chain link fence that conforms with SR-18(j)(4)(f) may be installed on the property lines of a lot in the RD district if the classification of such a lot as RD is because of the existence of a lake or other body of water on or abutting the lot and such lake or other body of water is available for use in connection with a semi-public recreation area; Page 2 of 7
(4) Residential and Non-Residential Fences: Those fences or similar structures not authorized or approved as provided in this Section are prohibited. The finished side of a fence or wall shall always face out towards the street or adjacent property. For the purpose of this Section, the following types of fences are allowed, depending upon the specific zoning district in which they are located. Material substitution may be permitted by the Village Planner where the appearance and material would result in equal or better performance. Allowable fence types include: (a) Picket, provided that: (i) (ii) The fence shall be constructed of wood, vinyl or composite material and may be printed, stained or unfinished; width of the pickets shall not be wider than four (4) inches nominal, with a minimum of one (1) inch between pickets. Maximum height is four (4) feet; (iii) Minimum number of horizontal rails is two (2). (b) Post and rail (or split rail), provided that: i. The wire is located on the inside of the fence; Page 3 of 7
ii. The wire is muted in color, (black, green, or brown); iii. The use of wire is optional (c) Wrought iron; Page 4 of 7
(d) Brick; (e) Stone; (f) Chain link, provided that: i. The fencing material is vinyl coated (black, green, or brown only); Page 5 of 7
ii. If the fence is on or near a property line and a buffer is not otherwise required, a five (5) foot setback from the property line is provided; iii. Chain link fences may only be used for non-residential uses. (g) Vinyl and Wood Board/Shadowbox/solid, provided that: i. Board with (vertical members) is not less than four (4) inches nominal and not more than ten (10) inches nominal. Vinyl fences shall have the appearance of meeting this requirement. ii. Wood fences greater than four (4) feet in height are required to have a minimum of three (3) horizontal rails (does not apply to vinyl fences). iii. Solid fences may also be constructed of vinyl or composite material Page 6 of 7
(5) Retaining Walls: (a) Retaining walls higher than thirty-six (36) inches shall not encroach the front setback for primary structures or the rear and side setbacks for accessory structures. (b) No retaining wall shall be closer than five (5) feet to a property line or right of way line. (c) Retaining wall height shall be measured from the lowest ground elevation to the top of the wall. (d) Retaining walls constructed in a series of two or more shall provide a minimum of twelve (12) inches of horizontal separation planted in grass or other vegetation. (e) Retaining wall shall also be constructed in accordance with the current North Carolina State Building Code. (6) Fences in Right of Ways No fences or walls shall be located within any public or private right-of-way unless approved by the Village and only for purposes of preserving specimen trees or desirable vegetation as determined by the Village Planner or when required for public purposes, i.e. retaining walls for sidewalk construction, storm water management, etc. In such cases, for structures proposed within the public right-of-way, the Village reserves the right to require submittal of an application for a Right-of-Way Encroachment permit by the applicant, and approval by the Village prior to the encroaching structure being constructed. All structures are limited to a maximum height of 30 inches above grade. These structures do not require a development permit. Page 7 of 7