Accessory buildings are permitted within the districts specified in appendix A with the approval of a development permit. A development permit will be issued when the accessory building meets the requirements of the district and the following:

(1)

No accessory building shall be built upon a lot until the construction of a main building has commenced.

(2)

Accessory buildings shall not be rented or used for gain.

(3)

Accessory buildings on single lots of one acre or less shall not exceed ten percent of the total area under roof of the main building or 400 square feet, whichever is greater. A single accessory building is permitted. Accessory buildings on single lots larger than one acre but less than two acres shall not exceed ten percent of the total area under roof of the main building or 600 square feet, whichever is greater. A single accessory building is permitted. On single lots of two acres to four acres, total accessory building square footage shall not exceed 25 percent of the total area under roof of the main building or 800 square feet, whichever is greater. Two accessory buildings are permitted. On single lots greater than four acres, total accessory building square footage shall not exceed 40 percent of the total area under roof of the main building or 1,200 square feet whichever is greater. Three accessory buildings are permitted. Total area under roof includes garages, screened and unscreened porches, but does not include unfinished utility and crawl spaces.

(4)

Building exteriors of accessory buildings shall be of a material and color to blend with the main building and surroundings and be aesthetically compatible. Metal or plastic accessory buildings are not allowed, except greenhouses may be constructed of polycarbonate panels or glass installed in aluminum or metal frames.

(5)

All accessory building foundations must be screened with lattice or plantings per section 21-8-4, Landscaping.

(6)

Roof shall overhang sidewalls, except at the gable ends, in an amount proportional to the size of the building.

(7)

Flat roofs are not permitted.

(8)

Accessory buildings shall be located between the setback lines and the main building.

(9)

The accessory building shall not be located in the front yard.

(10)

Accessory buildings located on corner lots shall not be located in the portion of the yard adjacent to either street.

(11)

Accessory buildings shall not be attached to the main building and must be a minimum of ten feet from the main building.

(12)

Accessory buildings larger than 12 feet in any direction (or greater than 144 square feet total), including storage sheds, require a permanent foundation such as a cement slab or footings with block and brick or other facing materials. Above ground exposed concrete blocks are not permitted.

(13)

Detached garages, when the main building has no garage, are not considered accessory buildings for purposes of the restrictions in subsection (3) above. Carports are not permitted.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2023-11, § 1, 6-13-2023; Ord. No. 2024-05, § 1, 2-13-2024)

Are permitted within the EU, RE, and RA-5 zoning districts when they meet the following requirements:

(1)

The following accessory buildings are permitted:

a.

Stable or barn.

b.

Storage buildings.

c.

Run-in shed.

d.

Pool house.

e.

Greenhouse.

f.

Tool shed.

g.

Detached guest quarters not to exceed 50 percent of the square footage of the primary residence, exclusive of garages, screened and unscreened porches, and unheated utility spaces. Only one detached guest quarter is permitted.

h.

Detached garage.

i.

Chicken coop.

j.

Rabbit hutch.

(2)

No accessory building shall be built upon a lot until the construction of a main building has commenced.

(3)

Accessory buildings shall not be rented or used for gain.

(4)

Guest quarters shall not be permitted unless a primary residence exists.

(5)

No trailer, mobile or manufactured home shall be allowed on any lot, except during the active construction of a permitted structure, and are not considered accessory buildings. This prohibition does not apply to farm or horse trailers.

(6)

Building exteriors shall be of a material and color to blend with the main buildings and surroundings and be aesthetically compatible with the main building.

(7)

Flat roofs are not permitted.

(8)

Accessory buildings shall be located between the setback lines and the main building.

(9)

Accessory buildings shall not be located in the front yard.

(10)

Accessory buildings located on a corner lot shall not be located in the portion of the yard adjacent to the street.

(11)

Accessory buildings shall not be attached to the main building.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2024-07, § 4, 2-13-2024; Ord. No. 2024-18, § 3, 12-10-2024)

Are permitted in all zoning districts with the following requirements:

(1)

The structure is being used for storage of materials during the remodeling of a residence.

(2)

The structure requires a no cost permit from the Village Clerk. The Clerk may authorize an initial period of 90 days for remodeling. At the Clerk's discretion, additional time may be granted. Permits for temporary structures for a residence will only be allowed one time during a calendar year.

(3)

All temporary structures must be placed within the setbacks applicable to the zoning district. Structures may not be placed in front yards unless they are placed on the driveway and within the front setback.

(4)

The size of the structure may not exceed 300 square feet.

This section does not apply to temporary structures used during new construction. Such structures are governed by UDO Section 21-10-5. Certificates of occupancy/compliance.

(Ord. No. 2024-05, § 1, 2-13-2024)

Editor's note— Ord. No. 2024-05, § 1, adopted Feb. 13, 2024, amended § 21-8-1.2 in its entirety to read as herein set out. Former § 21-8-1.2 pertained to travel trailers, recreational vehicles, boats, and buses and derived from Ord. No. 2021-07, § 2, adopted July 13, 2021.

Detached garages may be placed on any single-family lot providing the following restrictions:

a.

Garage shall match the primary residence in color and architectural design

b.

Garage shall be placed in the rear or side yard of the primary residence and garage doors shall be side facing when feasible.

c.

Garage shall follow all building design standards as set forth in Sec. 21-6-10.2 and all building height and setback requirements as set forth in Sec. 21-6-8.

(Ord. No. 2024-18, § 3, 12-10-2024)

Playground equipment including but not limited to swing sets, trampolines, sand boxes, jungle gyms, slides, and similar equipment shall not be placed in front yards. Playground equipment is permissible in both the side and rear yard in all residential zoning districts. The equipment location must meet all rear and side-setback requirements located in Section 21-6.8.

(Ord. No. 2024-18, § 3, 12-10-2024)

In-ground swimming pools are permitted with the approval of a development permit. A development permit will be issued when the pool meets the requirements of the district and the following:

(1)

Above ground swimming pools are not permitted. Except that kiddie pools and small inflatable pools that do not have a pump or filtration system are permitted and do not require a development permit.

(2)

All swimming pools shall be built/placed in the rear yard.

(3)

Swimming pools shall be setback a minimum of 30 feet from side and ten feet from the rear yard lot lines.

(4)

All swimming pools shall comply with the sanitation and health regulations in effect in the County of Moore and the State of North Carolina.

(5)

All swimming pools shall be fenced as per the requirements of section 21-8-3 of this article.

(Ord. No. 2021-07, § 2, 7-13-2021)

Fences and walls are permitted with the approval of a development permit. A development permit will be issued when the fence/wall meets the following district requirements.

(a)

Permitted materials. All fences/walls, regardless of location, shall be of wood, stone, brick, wrought iron, powder coated aluminum, PVC, or a combination of these materials. Fencing may have a light gauge of wire mesh attached to the inside of the fence. Materials such as, but not limited to, plywood, particleboard, sheet metal, concrete slates, and barriers shall not be used for fencing. Vinyl coated chain link fencing may be approved by the village council at specific locations for safety or security reasons such as well sites, maintenance facilities, and recreational facilities.

(b)

Permitted height. All fences/walls, regardless of location, shall be a maximum of 48 inches in height; except that swimming pool fences located on or within the setback line(s) shall be a minimum of 48 inches in height and a maximum of six feet in height. The whole of the fence must be the same height.

(c)

Permitted opacity. All fences/walls, regardless of location, shall be a maximum of 60 percent opaque (meaning solid, not transparent or translucent; impenetrable to light). The opacity of a fence is measured when looking at the fence line from a perpendicular position (at an angle of 90 degrees to the fence line and not obliquely). No section of any fence may exceed the 60 percent opacity requirement.

(d)

Permitted locations. Fencing is not permitted in front yards. Front yards are defined as the areas from the front wall of the main residence to the front property line. Except as prohibited above, fences/walls are permitted anywhere within side and rear property lines. Decorative hardscape (including accent fencing and walls) are permitted in front yards. Gated driveways are not permitted.

(e)

Fencing shall be finished on the side facing a public right-of-way and adjacent properties. Fences/walls must be maintained in good condition and repaired or replaced when broken, leaning, or otherwise dilapidated. Nonconforming fences/walls may not be repaired or replaced when 50 percent or more of the linear feet of the fence/wall must be repaired or replaced, except that a conforming fence may be erected.

(Ord. No. 2021-07, § 2, 7-13-2021)

Fencing in these districts shall not exceed 60 inches in height, except for swimming pools as described above. Fencing shall be wood or material simulating wood in natural or dark stained finish. No fencing shall obstruct any access, equestrian, or reserved utility easement.

(Ord. No. 2021-07, § 2, 7-13-2021)

Fences visible from public streets or which abut residential zoning shall be of wood, stone, brick, wrought iron, aluminum, powder coated aluminum, PVC, or a combination of these materials, with the decorative side of the fencing facing outward. Fences/walls that abut non-residential zoning may be of vinyl coated chain link if screened with view obscuring plant materials not less than five feet tall at time of planting and reach the desired full height within five years. Fences/walls/plantings or any combination of shall result in an opaque screen that obscures views from the ground to the height of the object being screened or a maximum height of six feet and shall be erected to directly screen donation boxes, and similar facilities from public view. No maintenance equipment, dumpsters, donation boxes, or similar facilities shall be kept in open or exposed views from residential lots, streets, or sidewalks.

a.

Dumpsters shall be completely enclosed with wood or a synthetic wood product (i.e.. Trex) resulting in a screen that obscures view from the ground to the height of the dumpster to a maximum of fifteen feet.

b.

All dumpsters, donation boxes, or similar facilities shall be placed on a level, impervious surface.

c.

Impervious aprons shall be added to the entrance/exit of any driveway or parking lot where rock, sand or stone is used.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2024-18, § 3, 12-10-2024)

Fences visible from public streets or which abut residential zoning shall be of wood, stone, brick, wrought iron, aluminum, powder coated aluminum, PVC, or a combination of these materials, with the decorative side of the fencing facing outward. Fences/walls that abut non-residential zoning may be of vinyl coated chain link if screened with view obscuring plant materials not less than five feet tall at time of planting and reach the desired full height within five years. Fences/walls/plantings or any combination of shall result in an opaque screen that obscures views from the ground to the height of the object being screened or a maximum height of six feet and shall be erected to directly screen donation boxes, and similar facilities from public view. No maintenance equipment, dumpsters, donation boxes, or similar facilities shall be kept in open or exposed views from residential lots, streets, or sidewalks.

a.

Dumpsters shall be completely enclosed with wood or a synthetic wood product (i.e.. Trex) resulting in a screen that obscures view from the ground to the height of the dumpster to a maximum of fifteen feet.

b.

All dumpsters, donation boxes, or similar facilities shall be placed on a level, impervious surface.

c.

Impervious aprons shall be added to the entrance/exit of any driveway or parking lot where rock, sand or stone is used.

(Ord. No. 2024-18, § 3, 12-10-2024)

Within the MUN zoning district, any parcel identified as an active well site is exempt from the foregoing fence/wall standards. For the protection and security of the Village water system, parcels with active well sites may have chain link fencing up to 6 feet in height and if deemed necessary by the Village Council, may also add concertina wire not to exceed a total height of 8 feet. No fencing shall obstruct any access, equestrian, or reserved utility easement.

(Ord. No. 2024-07, § 1, 2-13-2024; Ord. No. 2024-18, § 3, 12-10-2024)

Editor's note— Ord. No. 2024-18, § 3, adopted Dec. 10, 2024, renumbered the former § 21-8-3.8 as § 21-8-3.5 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

The RA-5 zoning district is exempt from the foregoing fence/wall standards; except that fences/walls along roads and abutting residential zoning districts shall be wood or material simulating wood in natural or dark stained finish. No fencing shall obstruct any access, equestrian, or reserved utility easement.

(Ord. No. 2024-07, § 4, 2-13-2024; Ord. No. 2024-18, § 3, 12-10-2024)

Editor's note— Ord. No. 2024-18, § 3, adopted Dec. 10, 2024, renumbered the former § 21-8-3.4 as § 21-8-3.6 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

Security fencing is permitted around the perimeter of gated communities in the corporate limits and the extraterritorial planning and zoning jurisdiction of the village. Fencing shall be of wood, stone, brick, wrought iron, aluminum, powder coated aluminum, PVC, or vinyl coated chain link (brown, black, or green), or a combination of these materials. The fence shall be a maximum of 60 percent opaque (meaning solid, not transparent or translucent; impenetrable to light). The opacity of a fence is measured when looking at the fence line from a perpendicular position (at an angle of 90 degrees to the fence line and not obliquely). No section of any fence may exceed the 60 percent opacity requirement. The maximum height shall be six feet. No security fence shall obstruct any access or utility easement. Security fences along roads external to the gated community must be located behind a berm, screened from view with landscaping, or placed a minimum of 50 feet off the road.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2024-18, § 3, 12-10-2024)

Editor's note— Ord. No. 2024-18, § 3, adopted Dec. 10, 2024, renumbered the former § 21-8-3.6 as § 21-8-3.7 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

In addition to the requirements in section 21-8-3.1 above, all swimming pool fences must be erected so as to completely enclose all sides of the pool not bound by a building. A self-closing and self-latching gate of equal height shall be installed and locked when the pool is not in use. The fence may not have any gaps, openings, indentations, protrusions, or structural components that could allow a young child (six or under) to crawl under, squeeze through, or climb over the fence. Pool fence must be in complete and full working order prior to initial water filling being started or completed.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2024-18, § 3, 12-10-2024)

Editor's note— Ord. No. 2024-18, § 3, adopted Dec. 10, 2024, renumbered the former § 21-8-3.5 as § 21-8-3.8 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

Fenced dog runs shall be of wood, stone, brick, wrought iron, aluminum, powder coated aluminum, PVC or a combination of these materials and may have light gauge wire or mesh attached to the inside of the fence. Dog runs between the property line and the setback line shall be a maximum of 48 inches, dog runs inside the setback line shall be a maximum of 60 inches. The fence shall be a maximum of 60 percent opaque (meaning solid, not transparent or translucent; impenetrable to light). The opacity of a fence is measured when looking at the fence line from a perpendicular position (at an angle of 90 degrees to the fence line and not obliquely). No section of any fence may exceed the 60% opacity requirement. Dog runs are not permitted in front yards.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2024-18, § 3, 12-10-2024)

Editor's note— Ord. No. 2024-18, § 3, adopted Dec. 10, 2024, renumbered the former § 21-8-3.7 as § 21-8-3.9 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

(a)

The conservation of existing mature specimen trees (such as pines, magnolias, dogwoods, and holly) that do not conflict with the placement of buildings, drives, walks, patios, or other site amenities is strongly encouraged. A minimum of eight qualifying trees for a single-family residential site in zoning districts RS-20, RS-30, RS-40, EU and RE, shall be saved and protected during construction. Qualifying trees shall be healthy trees, three inches in diameter at four and one-half feet above the ground or larger. If the site does not have enough qualifying trees, then sufficient three-inch caliper trees or larger shall be planted to meet the minimum number of eight qualifying trees.

(b)

The approximate location, size, and type of existing qualifying trees and trees to be used to meet this requirement shall be shown on the site plan.

(c)

All trees used to meet the requirements of this section shall be healthy and well protected during construction.

(d)

Foundation plantings requirement. Foundation plantings shall be provided for all principal and accessory buildings and structures, including storage sheds. The number of plants or plant groupings shall be based on the linear footage of foundation along the front, back, and sides of each structure minus doorways, and steps at a rate of one shrub or plant grouping per six linear feet of foundation. All foundation plantings shall be five gallons or larger at the time of planting. Plantings are not required to be placed in a uniform, linear arrangement when installed and plant groupings or ground cover beds may be used to meet the requirement of this section.

(e)

HVAC units, pool equipment, well houses, above-ground propane tanks, and other such structures on the property shall be completely screened with evergreen landscaping material and/or lattice or fencing/wall (limited in height and size to the equipment being screened) before a certificate of occupancy is issued. Evergreen plantings must be of a size and growth potential as to form a complete screen within two years.

(f)

The village zoning administrator may delay the landscaping requirement for a maximum of six months after occupation in order to facilitate the health and survival of plantings with the submission of a written and signed landscape plan.

(g)

The requirements of subsections (d) and (e) are a continuing requirement. Dead plantings and trees must be replaced so as to maintain the minimum requirements set forth above.

(h)

Hardscape. Decorative fencing and walls are allowed with a maximum height of three feet and may be in setbacks. Decorative fencing or walls shall have a maximum of one corner (angled turn) per run of fence and may not cross any driveway or enclose any area. Allowable fencing materials are found in section 21-8-3, Fence and wall standards. Gazebos, pergolas, and other similar open structures must be of wood, brick, stone, wrought iron or powder coated aluminum and may not be plastic or PVC. Walkways and paths are allowed in setbacks.

(Ord. No. 2021-07, § 2, 7-13-2021)

Signs shall be erected, altered, removed, and maintained per the following provisions and only those signs as specified and regulated herein shall be erected:

Signs are either permanent or temporary. Permanent signs must be made of permanent materials and specific placement is regulated. Permanent signs shall be designed and constructed according to generally accepted engineering practices to withstand wind pressures and load distribution as specified in the latest edition of the North Carolina Building Code. Illuminated signs and signs with electrical wiring and connections shall be constructed in accordance with the latest edition of the North Carolina Building and Electrical Code. Permanent signs may or may not require a permit.

Temporary signs are those that pertain to a specific event or function and/or signs that are made of temporary materials, such as paper, cardboard, corrugated cardboard, thin plastic, cloth or synthetic material, or other similar materials. Temporary signs are limited in duration and number no matter what the subject matter. Temporary signs may or may not require a permit.

Temporary signs may be placed in approved locations during the pendency of an event that has no definite time or date (e.g., a "for sale" sign may be placed on property during the time the property is for sale, legal notices as required by law, construction signs during construction operations); or for a maximum of 35 days for events and functions with a definite time or date (a maximum of 30 days prior to the event or function and five days after the event) and a maximum of 35 days for temporary signs not associated with an event or function. All temporary signs must be removed within five days after the event or function to which they pertain has ended. Political election events shall be deemed to run from the date of in-person early voting to election day.

Prohibited signs are those that are found to have adverse effect on health, safety, or the aesthetic values of the village. Even signs that are not prohibited must be removed when in disrepair, torn or ripped, rusted, streaked or otherwise deteriorated, or pose health or safety risks.

Table 21-8.1 below delineates signs that are allowed and prohibited for each zoning district within the village, whether or not they are permanent signs or temporary signs and whether or not a permit is required to erect the sign:

Table 21-8.1
Signs Allowed by District Subject to Time and Manner Regulations
A denotes "Allowed" and X denotes "Prohibited"

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2024-07, §§ 1, 4, 2-13-2024)

The following signs not requiring a permit must be a maximum of four square feet in size, must be maintained in good and attractive condition, must be placed on private property and may not be placed within any village road, right-of-way or easement. Temporary signs not requiring a permit must be freestanding and may not be affixed to any existing pole, sign post, tree, or fence and may not be illuminated:

(1)

Signs bearing only property numbers, post office box numbers, names of occupants or premises, or other identification of premises not having commercial connotations.

(2)

Legal notices, identification, information, or directional signs erected or required by governmental bodies.

(3)

A single announcement sign of a profession or business, fixed flat against the building where such profession or business is conducted.

(4)

A single "No solicitation" sign per section 4-27 of the Foxfire Village General Code.

(5)

"For Sale" or "For Rent" signs pertaining to residential or commercial realty on the premises offered for sale or rent, limited to two signs.

(6)

Political signs (those that advocate for political action).

(7)

Yard, garage, estate sale, or party signs and off-premise directional signs announcing such events or giving directions to them, limited to three signs.

(8)

A single construction sign located on the premises under construction.

(Ord. No. 2021-07, § 2, 7-13-2021)

No sign shall be erected, placed, attached, suspended, altered, remodeled, relocated, or otherwise put into use except pursuant to the approval of the zoning administrator except for those signs listed in section 21-8-5.1 above which shall not require a permit. Each application for a sign permit shall include the graphics, dimensions, mounting method, and placement, and such other information as the zoning administrator deems necessary in order to determine compliance with the provisions of this section. Signs may not exceed 32 square feet and may not be higher than six feet off the ground nor placed on a raised pedestal or mound. Signs must be placed in locations and designed in a manner so as not to obstruct traffic sight lines and enhance the village's open space concept. The following signs require a permit.

(1)

Bulletin boards or identification signs for church, non-profit, community or public buildings, lighted or unlighted.

(2)

Signs identifying a residential subdivision planned housing development, recreational facility, or manufactured home park.

(3)

Signs directing and guiding traffic and parking on private commercial property.

(4)

Signs advertising the name, time, and place of a fair, carnival, festival, bazaar, horse show, or similar event when conducted by a public agency or for the benefit of a civic, fraternal, religious, or charitable cause. Not permitted in residential zoning districts.

(5)

Estate or farm signs on properties of five acres or more in the RA-5, RF200, EU, and RE zoning districts.

(6)

Business signs identifying/advertising a business or profession on the premises within the village business district (VBD) zoning district.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2024-07, § 4, 2-13-2024)

(a)

Air activated, balloon, marquee, and billboard signs are prohibited.

(b)

Signs that obscure state or local traffic signs or other signs erected by a state or local governmental agency.

(c)

Signs that obscure the vision of drivers on state or local roadways or that use "Stop" or "Danger" or otherwise imply the need or requirement to slow, stop, or exercise caution, or for any reason could be confused with any sign displayed by state or local government.

(d)

Signs that obstruct any window, door, fire escape, stairway, ladder, or opening intended to provide light, air, or access to any building.

(e)

Signs that violate state or federal law.

(f)

Signs with flashing, intermittent or animated illumination. However, electronically or electrically controlled signs where alphabetic or numerical messages change are not prohibited.

(g)

Signs attached to trees, street posts, electrical or light poles, or fences, also known as snipe signs.

(h)

Any sign erected or constructed wholly or in part on, over, or as part of any roof of a building.

(i)

Signs set in motion by wind, water, motor drive, or otherwise.

(j)

Signs, banners, streamers, or pennants that are consecutively strung together, but not including holiday decorations.

(k)

Signs erected in or over a public road, right-of-way, or easement except for public information or regulatory signs.

(l)

Signs that constitute the sole and/or principal use of any lot, plot, parcel, or tract of land. This provision is intended to prohibit any sign that when viewed within the context of its design, orientation, location on the property, relationship to the surrounding property, streets, and uses of land would appear to constitute a principal use of land as regulated by this chapter.

(Ord. No. 2021-07, § 2, 7-13-2021)

All signs that fail to comply with the requirements of this section shall be removed. All signs requiring a permit that are erected without a permit shall be removed until a permit is obtained. Whenever the use of a building or premises by a specified business or other establishment is discontinued by the owner or occupant or by force of law, all signs pertaining to that business or establishment shall be removed.

(Ord. No. 2021-07, § 2, 7-13-2021)

Any permanent sign erected, placed, attached, suspended, or otherwise put into use prior to the adoption of this chapter shall within five years of the adoption date of this chapter, comply in every respect with the provisions of section 21-8-5. After that time any sign which does not comply with this chapter shall be removed by the responsible party.

(Ord. No. 2021-07, § 2, 7-13-2021)

Home occupations are permitted in residential zoning districts, provided that the use and/or structures shall adhere to the minimum standards of the district and the following:

(1)

There shall be no signs advertising the occupation.

(2)

There shall be no more than one employee other than the bona fide residents of the dwelling.

(3)

The portion of the dwelling used for the home occupation shall not exceed 30 percent of the first floor area of the dwelling.

(4)

The occupation shall be conducted entirely within the dwelling.

(5)

No sounds shall be audible outside the building.

(6)

The home occupation shall not involve the manufacture of hard goods and/or the utilization of large noise generating machinery.

(Ord. No. 2021-07, § 2, 7-13-2021)

All fuel tanks with a capacity of more than 20 gallons installed within the corporate limits of Foxfire Village require a permit and are subject to the following regulations.

(Ord. No. 2021-07, § 2, 7-13-2021)

(a)

All tanks with a capacity of 200 gallons or more must be buried.

(b)

All tanks with a capacity of less than 200 gallons must either be buried or, shall be completely screened with evergreen landscaping material and/or lattice or fencing/wall (limited in height and size to the equipment being screened) upon installation. Evergreen plantings must be of a size and growth potential as to form a complete screen within two years.

(c)

Any tank which is installed above ground must be located a minimum of 20 feet inside the side or rear lot lines and a minimum of 10) feet inside the front lot line.

(Ord. No. 2021-07, § 2, 7-13-2021)

(a)

Storage of vehicle fuel/gas in excess of 20 gallons is prohibited in the RM, RS-20, RS-30 and RS-40 WS residential areas of Foxfire Village. Unless prohibited in the foregoing, storage of vehicle fuel/gas in excess of 20 gallons is permitted in the other zoning districts.

(b)

All vehicle fuel tanks in excess of 20 gallons must either be buried or shall be completely screened with evergreen landscaping material and/or lattice or fencing/wall (limited in height and size to the equipment being screened) upon installation. Evergreen plantings must be of a size and growth potential to form a complete screen within two years.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2024-07, § 1, 2-13-2024)

Antennas are permitted within all zoning districts when the following regulations are met:

Standard rotating television antennas shall be mounted on a chimney, rooftop, or a separate tower. Antennas and dish towers shall be treated as accessory structures and must meet all front, side, and rear setbacks for the district, and may not exceed 40 feet in height from ground level. An antenna or satellite dish may be located in the side or rear yard only and may be placed on the ground, fascia, rake boards, or chimney. Antennas and dishes shall be properly grounded.

(Ord. No. 2021-07, § 2, 7-13-2021)

Within the RS-20, RS-30, RS-40 WS, RM, RD, and VBD zoning districts only domesticated animals/pets are permitted; no livestock, fowl, equine, or bovine animals (as defined in article XIII, Definitions) may be kept within these districts. Pets kept within these zoning districts are also subject to the regulations contained in chapter 3 of the Foxfire Village General Code.

Within the EU, and RF-200 zoning districts equine, rabbits, and fowl (limited to 30 combined or total such animals and no roosters) are permitted, notwithstanding acreage requirements for equine. No livestock or bovine animals may be kept within these districts.

Within the RA-5 and RE zoning districts equine, bovine, livestock, fowl, and rabbits are permitted.

Equine may be kept on lots within the districts specified above that meet the minimum lot size of six acres and other requirements of this section. The maximum number of horses that may regularly be kept on such lots is two for the first six acres plus one horse for each additional two acres of contiguous property under the same ownership or control. Acreage shall not be counted or attributable to more than one animal for purposes of satisfying acreage requirements. Any barn, shed, stable, hutch, roost, or pen must be located 150 feet from any property line that abuts residential zoning.

Property owners are responsible for controlling odor, insects, animal waste and runoff caused or affected by the keeping of animals on the property.

Beekeeping is permitted within any zoning district per the requirements contained in article II, chapter 3 of the Foxfire Village General Code.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2024-07, § 4, 2-13-2024; Ord. No. 2024-18, § 3, 12-10-2024)

Property that is located in the ETJ of the village and that is used for bona fide farm purposes is exempt from the village's zoning regulation. As used in this section, "property" means a single tract of property, or an identifiable portion of a single tract. Property that ceases to be used for bona fide farm purposes shall become subject to the exercise of the village's extraterritorial planning and development regulation. G.S. 160D-903(c).

(Ord. No. 2021-07, § 2, 7-13-2021)

Unless specifically exempted by the district regulations, no building, residential or non-residential, shall be erected on a lot within the corporate limits of Foxfire Village, the property line of which does not abut and have adequate access to, a dedicated paved street and have access to the Foxfire Village water supply system unless such building is owned and/or operated by Foxfire Village.

It shall be the owner/developer's responsibility and cost to pave streets and install utilities, including water, to proposed construction site(s) prior to approval of building plans. The design of all streets and roads within Foxfire Village shall be in accordance with the accepted policies and standards of the North Carolina Department of Transportation, Division of Highways. Subdivision roads minimum construction standards shall apply for any items not included in this chapter, or where requirements are stricter than this chapter. State construction and design standards cover such areas as pavement and base design, grade radii of curves, sight distances, design speed, right-of-way widths, pavement width, curbs and gutters, cul-de-sac designs, islands and medians, subdivision name markers, dams and bridges, cut and fill slopes, drainage, and utilities. Any deviation from state street design standards shall be noted on the plat, recorded with the register of deeds.

(Ord. No. 2021-07, § 2, 7-13-2021)

The following requirements apply to off street loading and parking within all zoning districts.

For every building, structure or part thereof having over 10,000 square feet of gross floor area erected and occupied for any use other than residential, there shall be provided at least one truck standing, loading and unloading space on the premises. Said space shall be not less than 12 feet in width, 35 feet in length and with a minimum vertical clearance of 14 feet. Buildings that contain in excess of 15,000 square feet of gross floor area shall be required to provide additional off-street loading spaces as determined by the planning and zoning board during site plan review.

Access to off-street loading spaces may be directly from a public street or alley or from any right-of-way that will not interfere with public convenience and will permit orderly and safe movement of truck vehicles.

Fire zones in parking lots, aisles, or adjacent to structures shall not be utilized as off-street loading spaces.

Off-street loading spaces shall not be counted as off-street parking spaces.

Off-street loading spaces shall not be located in front yard areas and shall be screened with evergreen landscaping from visibility from neighboring streets and/or residential areas.

(Ord. No. 2021-07, § 2, 7-13-2021)

In all zoning districts and in connection with every commercial, institutional, professional, recreational, residential or any other use there shall be provided off-street parking spaces in accordance with the following requirements and parking lot standards:

(1)

Angle of parking stalls. Off-street parking stalls may be perpendicular (90 degrees) to an aisle, parallel to an aisle, or at an angle of 60 degrees to an aisle. There shall be no more than 10 stalls in a row without a landscaped island between stalls. There shall be a landscaped island between rows of stalls not less than 15 feet wide.

(2)

Stall size.

a.

Automobiles. Each perpendicular or angle parking stall shall be not less than nine feet in width and 20 feet in length exclusive of access drives and aisles. Parking stalls for the physically handicapped shall be 13 feet in width. Parallel parking stall shall be ten feet in width and 23 feet in length. Where parking spaces are provided along the perimeter of a parking lot, two feet of the required 20 stall length may be considered to be overhanging the edge of paving so long as there is no interference with curbing, sidewalks, or landscaping.

b.

Other vehicles. In situations and uses where the vehicles to be parked on the site are other than automobiles and are unique to the use proposed, consideration may be given to alternative stall sizes. Supporting information shall be provided by the applicant as to the size of such vehicles, the anticipated quantity, the proposed stall size(s), and the aisle widths to accommodate such vehicles.

c.

Special situations. Where parking stalls are assigned or otherwise controlled (such as employee parking only areas) consideration may be given to reduced stall sizes for sub-compact vehicles. In no case shall reduced stalls be less than 17 feet long and eight and one-half feet in width.

(3)

Location of parking stalls.

a.

For all uses other than any residential, no area shall be used for parking unless it is large enough to provide for three contiguous stalls.

b.

For all uses other than single-family residential, no parking stall shall be located such that a vehicle is required to back into any portion of an access drive or a right-of-way in order to enter or exit the parking stall.

c.

For multi-family and PUD residential uses, parking stalls may be located such that vehicles are allowed to back into interior circulation roads in order to enter or exit the parking stall.

d.

For all uses other than single-family residential, no parking stall shall be located closer than ten feet to any property line.

e.

There shall be no more than ten parking stalls in a row without a landscape island separating groups of ten stalls.

(4)

Aisle widths.

a.

Aisles from which cars directly enter or leave parking spaces shall not be less than 24 feet wide for perpendicular parking.

b.

Aisles from which cars directly enter or leave parking spaces shall not be less than 20 feet wide for 60-degree parking.

c.

All two-way aisles shall be not less than 24 feet wide.

(5)

Access drives.

a.

Entrance and exit drives for two-way traffic shall have a minimum width of 24 feet.

b.

Entrance and exit drives for one-way traffic shall have a minimum width of 18 feet.

c.

All access drives to parking areas for 25 or more cars shall be defined by curbed returns having radii of not less than 15 feet.

d.

For properties having less than 500 feet of frontage on any one street, not more than one two-way access drive or two one-way access drives shall be permitted on said street.

e.

For properties having more than 500 feet of frontage on any one street, not more than two simultaneous entrance and exit movements shall be permitted on said street.

f.

No driveway shall be located closer than ten feet to any side property line, or within 30 feet of an existing drive, whichever is less.

g.

Driveways shall not be located closer than 100 feet to the right-of-way line of an intersecting street.

h.

Internal cross access. Wherever possible, access drives between adjacent uses of the same or different ownership shall be provided, or in the case of anticipated future uses internal access shall be considered and planned if feasible. This provision will allow for cross access between them without the necessity of vehicles entering upon the adjoining public street.

(6)

Screening. For all uses other than residential, all parking areas shall provide a five-foot wide evergreen landscaping buffer alongside and rear property lines when adjoining properties of similar use. For non-residential uses that abut residential use an evergreen landscaping buffer 30 feet wide shall be provided.

(7)

Safety islands. Where parking is proposed between the front building line and the street line, a safety island or raised median separating the public street from the parking area shall be provided.

a.

The width of the safety island shall be that width between the edge of the street pavement or curb and a line eight feet inside of the front property line. In no case shall the width of the safety island be less than 18 feet.

b.

The safety island shall be landscaped with shrubs and deciduous shade trees. Shrubs shall be a maximum height of 30 inches. Shade trees shall be a minimum of two inches in diameter at breast height and shall be planted on a maximum center to center distance of 40 feet. All required tree and shrub plantings shall be placed on the onsite side of the right-of-way line.

c.

When parking stalls abut the safety island the required stall depth shall be measured from a point two feet outside the edge of paving or curb line.

d.

No commercial signs, light standards for parking lot lighting, or other above ground obstructions shall be permitted within ten feet of the street right-of-way.

(8)

Paint striping. All parking areas shall provide paint striping to delineate parking stalls, barrier lines, lane lines, directional arrows, stop lines, fire lanes, and other striping as required to ensure safe and convenient traffic circulation. Handicapped parking spaces shall be marked in accordance with federal and state specifications.

(9)

Traffic signs. All parking areas shall provide traffic control signs to ensure safe and convenient traffic circulation.

(10)

Curbing. For reasons of safety, circulation, appearance, or other reasons, the perimeter of the parking area may require continuous cast-in-place concrete curbing.

(11)

Lighting. All parking areas for ten or more vehicles shall have artificial lighting that will provide a minimum lighting level of five-tenths horizontal footcandles throughout the parking area and access drives. Lighting should be operational from dusk to dawn for multi-family and PUD residential uses and for all other uses when the site or structure is occupied. Shielding shall be required to prevent glare upon adjacent properties or streets.

(12)

Paving. All parking areas shall be paved. The pavement structure shall be as follows:

a.

Surface course. Minimum one and one-half inches bituminous concrete (asphalt). To achieve a one and one-half inches finished thickness, the paving material shall be laid at two inches and rolled.

b.

Base course. Minimum four inches aggregate base course (ABC stone mix).

c.

Subgrade. Soil type base course (STBQ). The subgrade may be the existing in situ soils. All clay type soils and areas retaining water and causing "pumping" shall have the unsatisfactory materials removed and replaced with aggregate base course (ABC) or a sand-clay mix.

(13)

Handicapped spaces. Required parking spaces for the physically handicapped should be located to provide convenient access to building entrances. Depressed curbs and ramps shall be provided in accordance with state regulations. The number of spaces to be provided shall be as follows:

(14)

Drainage. All parking areas shall provide for adequate collection and disposition of stormwater runoff. Runoff shall follow existing natural patterns as closely as possible. Stormwater runoff shall not be allowed to inundate or otherwise flood, erode, or impair adjoining or surrounding properties. Appropriate use of collection structures, piping, and detention or retention basins shall be made to properly dispose of runoff.

(15)

Minimum off-street parking spaces required.

a.

Automotive service station. Five spaces for each service bay, exclusive of vehicle service area. In no instance shall there be less than five parking spaces.

b.

Banks, savings and loan associations and similar financial institutions. One space for each 200 square feet of gross floor area, exclusive of any drive-through areas.

c.

Barber and beauty shops. Three spaces for each chair (if known), but not less than one parking space per 200 square feet of gross floor area.

d.

Bowling alley. Five spaces for each alley. Other uses within the building will be computed separately in accordance with this section.

e.

Business offices. One space for each 100 square feet of gross floor area.

f.

Church, temple, or chapel. One space for each four seats in the main, congregation seating area. Where no individual seats are provided, 20 inches of bench shall be considered as one seat.

g.

Community center, library, museum, art gallery. One space for each 200 square feet of gross floor area.

h.

Community clubs, private club, lodge. One space for each 100 square feet of gross floor area.

i.

Convalescent home, nursing home, rest home. One space for each two beds based on the licensed capacity.

j.

Dwellings.

Single-family: Two spaces for each dwelling.

Two-family: Two spaces for each dwelling unit.

Multi-family, including apartments: Two and one-half spaces for each unit. Where garages are included with a multi-family dwelling, each garage shall be counted as one space and each driveway of at least 20 feet in length beginning with the curb shall be counted as one space.

k.

Dental offices. One space for each 100 square feet of gross floor area, except that if located within a building housing three or more separate, unassociated practitioners, the requirement shall be one space for each 150 square feet.

l.

Drive-in restaurant. One space for each 35 square feet of gross floor area.

m.

Driving range, miniature golf. One space for each teeing station and one space for each hole.

n.

Farmers' market, auction market. One space for each 1,000 square feet of land area in the site.

o.

Furniture and appliance stores or similar uses requiring large amounts storage for inventory. One space for each 400 square feet of gross floor area up to 4,000 square feet, plus one space for each 800 square feet of gross floor area above 4,000 square feet of gross floor area.

p.

Government office. One space for each 150 square feet of gross floor area.

q.

Hardware and auto supply stores. One space for each four hundred (400) square feet of gross floor area.

r.

Hospital (general, mental, sanitarium). One space for each two beds based on licensed capacity.

s.

Hotel and motel. One space for each rental unit plus one space for each 50 square feet of administrative, clerical, and reception areas. Other uses within the building shall be computed separately as additions to the required number of parking spaces. Up to 50 percent of the required parking for other uses in the hotel or motel may be satisfied by guestroom parking.

t.

Meeting rooms, assembly, or exhibition hall. One space for each fifty (50) square feet of gross floor area.

u.

Mortuary, funeral home. One space for every 100 square feet of gross floor area.

v.

Nursery school, day camp or similar uses. One space for each 500 square feet of gross floor area.

w.

Professional office. One space for each 150 square feet of gross floor area.

x.

Public and private utilities, electric substations, gas regulator, waterworks, pumping station, and similar facilities. number and size to be determined based on the specific need of the use, But in no case less than one space for a maintenance/service vehicle.

y.

Restaurant, cafe, and diner. One space for each 50 square feet of gross floor area.

z.

Recreation facilities not specifically defined in this section. Required spaces shall be determined by the development approval authority.

aa.

Retail stores, except as otherwise specified herein. One space for each 150 square feet of gross floor area.

ab.

Studio (art, music, dance, gymnastics and similar uses for the purpose of giving instruction rather than shows or exhibitions). One space for each 100 square feet of gross floor area.

ac.

Schools.

1.

Elementary. One space for each eight students based on design capacity.

2.

Middle or junior high school. One space for each five students based on design capacity.

3.

High school. One space for each three students based on design capacity.

4.

College or university. One space for each one and one-half students based on design capacity.

ad.

Shopping centers. Six spaces for each 1,000 square feet of gross floor area. This basis for calculating the required number of parking spaces shall only be used for an integrated development of stores, shops, personal service establishments, professional and business offices, banks, post offices, restaurants, etc., housed in an enclosed building or buildings and using such common facilities as customer parking, pedestrian walkways, truck loading and unloading space, utilities and sanitary facilities, and having a minimum gross floor area of 20,000 square feet. For other proposed developments not meeting this definition, such as strip malls, the number of required spaces shall be calculated from the individual uses as defined in this section.

ae.

Theater. One space for each 35 square feet of gross floor area.

(16)

Criteria for determining required parking spaces. In computing the required number of parking spaces, the following rules shall apply:

a.

Where fractional spaces result, the required number shall be construed to be the nearest whole number.

b.

The parking space requirements for a use not specifically defined in this section shall be the same as required for a use of similar nature as determined by the development approval authority. They may, in their discretion, require the applicant to furnish data to establish a rational parking requirement.

c.

Nothing in the requirements of this section shall prevent the joint use of off-street parking facilities by two or more uses on the same site, provided that the total of such spaces shall not be less than the sum of the requirements of the individual uses computed separately.

d.

No part of off-street parking required by a structure or use shall be included as part of an off-street parking requirement of another use unless substantial proof is presented and is determined by the development approval authority that the use of this parking will not be simultaneous.

(Ord. No. 2021-07, § 2, 7-13-2021)

Dwelling units may be occupied or held ready for occupancy for residential purposes only. Accessory or other uses of dwelling units (e.g., home occupations) may be permissible under other provisions of this UDO. Dwelling units may be occupied or held ready for occupancy by one family on a long term basis. A dwelling unit is occupied or held ready for occupancy by one family on a long term basis if the dwelling unit is being occupied as a permanent residence by one family, or is offered for sale or rent as a permanent residence for one family, or is being offered for rent or is rented to one family for a minimum period of at least 90 days.

Short-term rental of dwelling units.

A dwelling unit is occupied or held ready for occupancy on a short-term basis if the dwelling unit is rented or offered for rent or otherwise occupied for 90 days or less, provided that dwelling units in the RS-20, RS-30, and RS-40 WS districts may not be rented or occupied on a short-term basis for more than a total of 180 days within any 12-month period.

Owners of dwelling units used for short-term rental purposes may register with the village Clerk and receive a copy of NCGS Chapter 42A, Vacation Rental Act, and the short-term rental regulations, set forth below.

Owners of short-term rentals are strongly encouraged to carry general liability insurance.

All short-term rentals shall have a designated responsible party who is available 24 hours a day during all time that the property is rented or used on a transient basis. The name, telephone number, and email address of the designee shall be conspicuously posted within the short-term rental unit. The designee shall reside within 30 miles of the short-term rental property and should be available to respond to complaints within one hour of their receipt.

All commercial activity is prohibited. On premise events are limited to a maximum of 16 people including guests. STR guests shall comply with all village ordinances including with regard to noise and unlawful acts.

The dates and instructions for trash and recycling collection shall be posted prominently with the STR. Trash receptacles must be the size and number authorized by existing refuse contracts. The STR operator shall ensure that all receptacles are set out for collection on the proper collection day and removed from the street or alley on the scheduled collection day, in accordance with Chapter 14 of the village Code.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2022-10, § 1, 7-12-2022)

Structures/uses listed in appendix A that require a special use permit, including but not limited to the uses described in the following sections, are permitted within the zoning districts specified in appendix A with approval of a special use permit. A special use permit will be issued when, after a quasi-judicial hearing (per the requirements of G.S. 160D-406), the foxfire village council determines upon competent and relevant evidence that the proposed development meets all district regulations, the general standards set forth in this section, and the specific standards for the particular structure/use set forth in the following sections. Any structure/use not herein specified will be permitted when approved by a special use permit upon a finding by the village council that the use meets the regulations and standards of the district, the general standards set forth in this section, and the specific standards for the listed structure/use that most closely aligns with the proposed development. Prior to the quasi-judicial hearing by the village council, the planning and zoning board will make a preliminary review of the proposed development and provide written comment to the council. The comment(s) of the board is (are) advisory only and may not be used as a substitute for relevant and competent evidence at the hearing concerning the proposed development.

Prior to granting a special use permit, the village council must make the following general standard determinations:

(1)

That the proposed development will meet the building area requirements of the district, including the water supply watershed overlay district, if applicable.

(2)

That the proposed development will meet access requirements and the off-street parking and loading requirements of section 21-8-15.

(3)

That the proposed development does not endanger the public health, safety, morals, comfort, or general welfare of the village.

(4)

That the proposed development does not adversely affect the use and enjoyment, or value of other properties in the area.

(5)

That the proposed development does not impede the normal and orderly development and improvement of neighboring properties.

(6)

That the proposed development includes adequate provision of utilities, roads, and other necessary facilities to minimize traffic congestion and overcrowding.

(7)

That the proposed development will not interfere with natural drainage for storm water and will not cause the need for village-owned/operated services for sanitary disposal.

(8)

That the proposed development will meet all applicable federal, state, and local safety, environmental, and building/construction standards applicable to the particular use or structure.

(Ord. No. 2021-07, § 2, 7-13-2021)

Multi-family dwellings (townhouses, quadraplexes, and apartments) are permitted within the district(s) specified in appendix A when approved with a special use permit by the foxfire village council. A special use permit will be issued when the development meets the requirements of the district, the general standards set forth in section 21-8-14, and the following specific standards:

(1)

Minimum gross habitable floor requirements must meet all applicable North Carolina and Moore County Building Codes(s) and other applicable habitability regulations and requirements.

(2)

Setbacks from public streets. All buildings, parking areas, and other aboveground improvements, with the exception of access drives or access roads, landscaping and screening areas, shall be set back a minimum of 35 feet from the right-of-way of all public streets unless the required front yard setback for the zone is greater, in which case the zone regulations shall take precedence.

(3)

Setbacks from other property lines. All buildings, parking areas and other aboveground improvements, including access drives, with the exception of landscaping and screening areas, shall be set back a minimum of 30 feet from all side and rear lot lines, unless the required side or rear yard setbacks for the zone are greater, in which case the zone regulations shall take precedence.

(4)

Minimum distances between principal buildings.

a.

Twenty-five feet where neither of the facing walls has windows.

b.

Forty-five feet otherwise.

(5)

Courtyards bounded on three or more sides by wings of the same building or by walls of separate buildings shall have a minimum court width of two feet for each one foot in height of the tallest building or building wing.

(6)

No principal building, when viewed from any elevation, shall be greater than 175 feet in length.

(7)

Building breaks. Buildings shall have no more than two dwelling units in a line without architectural breaks (changes in setbacks) of at least five feet.

(8)

Garages and carports. Garages and carports, when not attached to a principal building, shall be located no closer than 40 feet to a facing wall of a principal building containing windows, nor closer than 20 feet to a facing wall of a principal building which does not contain windows.

(9)

Distance between principal buildings and internal drives. No multi-family housing shall be located closer than 20 feet to any access drive or internal roadway.

(10)

Distance between principal buildings and parking areas. No principal building shall be located closer than 20 feet to any parking area, except for access aisles or driveways to garages and/or carports that are attached to principal buildings.

(11)

Parking space count. Garage and/or carport parking spaces may be counted toward meeting the off-street parking requirements provided that the garage and/or carport has a driveway in front of it which is a minimum of 20 feet in depth and which driveway is adjacent and accessible from an access aisle or internal roadway. A driveway 20 feet in depth or deeper may be counted as no more than one parking space.

(12)

Refuse storage. There shall be at least one outdoor refuse storage area of at least 100 square feet for each 20 dwelling units. The refuse storage area shall be suitably located for access and ease of collection and shall not be part of, restrict or occupy any parking aisle and shall not be located further than 300 feet from the entrance to any unit which it is intended to serve. The area shall contain a concrete floor, screening fence with a "blind" entrance and access gates for refuse removal, and a hose bib for washing the area.

(13)

Outdoor lighting. Interior circulation roads, parking areas, dwelling entrance ways, and pedestrian walks shall be illuminated with lighting sufficient to provide a minimum of five-tenths horizontal foot candles throughout such areas from dusk to dawn. Lights shall be shielded to avoid glare disturbing to occupants of the building and shall be arranged to reflect away from all adjoining residential buildings.

(14)

Recreation. Passive recreation areas, such as pathways, natural woods and fields, seating areas and lawns, shall be provided and arranged throughout the site.

(Ord. No. 2021-07, § 2, 7-13-2021)

Manufactured homes (Class A only) and manufactured home parks are permitted within the district(s) specified in appendix A when approved by a special use permit by the Foxfire Village Council. A special use permit will be issued when the development meets the requirements of the district, the general standards set forth in section 21-8-14, and the following specific standards:

(1)

Single-family manufactured homes.

a.

The lot location and size and clearance dimension for single-family resident manufactured homes shall conform to the requirements of this chapter, except that the minimum heated area, excluding garage shall be 1,100 square feet.

b.

Manufactured home residences shall have a permanent masonry enclosure wall between the body of the trailer and an adequate permanent foundation, with anchorage of building frame to foundation adequate to resist specified North Carolina State Building Code wind loads. Water supply and sanitary facilities shall meet the requirements of Moore County and North Carolina.

(Ord. No. 2024-05, § 1, 2-13-2024)

Editor's note— Ord. No. 2024-05, § 1, adopted Feb. 13, 2024, amended § 21-8-16 in its entirety to read as herein set out. Former § 21-8-16 pertained to manufactured homes and parks and derived from Ord. No. 2021-07, § 2, adopted July 13, 2021.

Editor's note— Ord. No. 2024-05, § 1, adopted Feb. 13, 2024, repealed § 21-8-17, which pertained to kennels and derived from Ord. No. 2021-07, § 2, adopted July 13, 2021.

Hotels and motels are permitted within the district(s) specified in appendix A when approved with a special use permit by the Foxfire Village Council. A special use permit will be issued when the development meets the requirements of the district, the general standards set forth in section 21-8-14 and the following specific standards:

(1)

Minimum lot area: Two acres.

(2)

Maximum built-upon area shall be limited as provided in article VI, section 21-6-13, WSO.

(3)

No building shall be located closer than 50 feet to any property line.

(4)

No accessory building or parking area shall be located closer than 50 feet to a residential property line.

(5)

The height of the structures to be constructed may exceed the maximum height permitted in the district; provided, however, that the front, rear, and side yard requirements of the zone are increased four feet for each foot by which the height of the structures exceeds the maximum permitted in the zone. In no case shall the height of any structure exceed 50 feet.

(6)

Minimum width of evergreen buffer area along both side and rear property lines abutting any residential use: 30 feet.

(Ord. No. 2021-07, § 2, 7-13-2021)

Motor vehicle service stations are permitted in the district(s) specified in appendix A when approved by a special use permit by the Foxfire Village Council. A special use permit will be issued when the development meets the requirements of the district, the general standards set forth in section 21-8-14, and the following specific standards:

(1)

All fuel tanks shall be installed underground per applicable federal, state, and local safety and environmental laws and regulations. The site plan presented shall show the number and location of fuel tanks to be installed, the dimensions and capacity of each fuel tank, the depths the tanks will be placed below the ground, and the number and location of pumps to be installed.

(2)

No motor vehicle service station shall be located within 500 feet of any public entrance to a church, school, library, hospital, fire station, park, playground, charitable institution, or place of public assemblage.

(3)

Minimum lot area shall be 20,000 square feet with a minimum frontage of 125 feet on street.

(4)

All fuel pumps shall be located at least 35 feet from all street lines and property lines.

(5)

No vehicle shall be permitted to be standing or parked on premises of a motor vehicle service station other than those used by the employee in the operation of the establishment. In no case shall the total exceed five vehicles during working hours and no more than three overnight. Overnight storage of more than three vehicles shall be prohibited.

(6)

No outdoor oil drainage pits or hydraulic lifts shall be permitted.

(7)

Any repair of motor vehicles shall be performed in a fully enclosed building. No parts or partially dismantled motor vehicle may be stored out-of-doors.

(8)

No auto bodywork shall be permitted.

(9)

Illumination shall be such that no direct glare from the lights shall fall upon adjoining streets or properties.

(10)

Sale of new or used vehicles is prohibited.

(11)

Accessory goods for sale may be displayed on the pump island(s) and building island only, provided that they are displayed and contained in a suitable stand or rack.

(12)

Maximum built-upon area shall be as specified in article VI, section 21-6-13, WSO.

(13)

Minimum buffer area width along both side and rear property lines abutting any residential use: 30 feet.

(Ord. No. 2021-07, § 2, 7-13-2021)

Solar generation facilities are permitted in the district(s) specified in appendix A with the approval of a special use permit by the Foxfire Village Council. A special use permit will be issued when the development meets the requirements of the district, the general standards set forth in section 21-8-14, and the following specific standards:

(1)

Setbacks and facility size. The perimeter fencing of the area containing the solar generation facility shall be located a minimum of 200 feet from the property line of adjoining properties, including public road rights-of-way. The fencing will be a maximum of six feet in height.

(2)

Poles and lines. Except for poles and lines necessary to connect the facility to the electrical utility grid, the height of all structures and arrays associated with the facility shall not exceed 20 feet in height, and all structures and arrays shall be set back a minimum of 200 feet from the property line of adjoining properties, including public road rights-of-way.

(3)

Vegetative screening and buffers. The screening or buffer yard shall be placed outside the solar generation facility perimeter fencing, shall be at least 20 feet wide, and consist of at least two staggered rows of ten evergreen trees or shrubs per 100 linear feet or fraction thereof. The evergreen buffer must reach a height of six feet within two years of planting. The screening or buffer shall be provided where the solar generation facility adjoins residential property and/or public road rights-of-way, unless the planning and zoning board finds that equivalent natural vegetation exists sufficient to satisfy the screening requirement, or that the distance between the use and residences or public rights-of-ways renders all or certain portions of screening unnecessary. The vegetative buffer must be maintained throughout the life of the facility.

(4)

Streets and roads. Prior to construction, the developer of the site shall consult with NCDOT or the village council streets and park department head regarding necessary driveway location and improvements to ensure safety and to protect the public road or street from damage during construction, and shall comply with such requirements.

(5)

The site shall conform to applicable storm water regulations, including water supply watershed protection regulations and river basin rules, to prevent erosion and protect water quality in adjacent surface waters. Prior to development of the site, the applicant/developer shall consult with the North Carolina Division of Water Quality concerning compliance with applicable storm water management requirements.

(6)

Building and electrical code. All active utility scale solar energy systems shall comply with the requirements of the North Carolina State Building Code and the National Electrical Code, current edition.

(7)

Site plan requirements.

a.

The location of the solar generation facility (including the arrangement of any existing or proposed buildings, structures, or panels);

b.

The distance from any proposed solar generation facility, structure, or use area to the surrounding property lines;

c.

Any existing or proposed signs, fencing, lighting, parking areas, driveways, landscaping, vegetative screening or required buffers;

d.

Horizontal and vertical (elevation) scaled drawings with dimensions of proposed solar collector structures and lighting facilities;

e.

Noted limitations on built-upon area as required for compliance with storm water, watershed, and/or riparian buffer regulations;

f.

The electrical disconnect switch shall be clearly identified and unobstructed, and shall be noted clearly on the site plan; and

g.

Location where wiring is brought together for inter-connection to system components and/or the local utility power grid.

(8)

Noise level. Inverter noise shall not exceed 50 dBA, measured at the property line.

(9)

Outdoor lighting. All outdoor lighting shall be shielded to direct light and glare onto the system premises. Any glare by the system or outdoor lighting must be mitigated or directed away from adjoining property or adjacent roads when it creates a nuisance or safety hazard.

(10)

Decommissioning.

a.

A decommissioning plan signed by the party responsible for decommissioning and the landowner (if different) addressing the following shall be submitted with permit application.

1.

Defined conditions upon which decommissioning will be initiated (i.e. end of land lease, no power production for 12 months, etc.).

2.

Removal of all equipment, conduit, structures, fencing, roads, and foundations.

3.

Restoration of property to condition prior to development of the solar generation facility.

4.

The timeframe for completion of decommissioning activities.

5.

Description of any agreement (e.g. lease) with landowner regarding decommissioning.

6.

The party currently responsible for decommissioning.

7.

Plans for updating this decommissioning plan.

b.

A recorded copy of the decommissioning plan shall be submitted to the village zoning administrator prior to commencement of construction of the solar generation facility.

(11)

Decommissioning period. Decommissioning shall be completed within 12 months of determination by the village zoning administrator that the facility is no longer being maintained in an operable state of good repair, unless the current responsible party with ownership interest in the facility provides substantial evidence to the village council of the intent to maintain and reinstate operation of the facility.

(12)

Performance guarantee. In order to assure compliance with the requirements of this section the village may impose performance guarantees to assure the successful completion of required improvements as a condition of approval. [G.S. 160D-804.1] The type of performance guarantee shall be at the election of the applicant/developer, and means any of the following: (a) a surety bond issued by a company authorized to do business in North Carolina; (b) a letter of credit issued by any financial institution authorized to do business in North Carolina, or (c) another form of guarantee that provides equivalent security to a surety bond or letter of credit. The duration of the performance guarantee and any extensions thereto, the release of the guarantee, the amount of the guarantee, the timing, coverage, and claimants under the guarantee shall all be determined per the requirements of G.S. 160D-804.1.

(Ord. No. 2021-07, § 2, 7-13-2021)

Nursery schools, day nurseries, and similar facilities such as adult day care are permitted within the districts(s) specified in appendix A when approved with a special use permit by the Foxfire Village Council. A special use permit will be issued when the development meets the requirements of the district, the general standard set forth in section 21-8-14 and the following specific standards:

(1)

A statement shall be submitted setting forth the full particulars on the building and/or use, including but not limited to, maximum occupancy, number and qualifications of staff, hours of operation, age groups, number of vehicles, and certifications required or obtained from other agencies.

(2)

The lot upon which the use is proposed shall conform to the following standards and requirements:

a.

Minimum lot area: Two acres.

b.

Minimum front yard setback: 100 feet.

c.

Minimum side and rear yard setback: 50 feet.

d.

Maximum built-upon area shall be limited as provided in article VI, section 21-6-13, WSO.

e.

Accessory buildings shall not be located closer than 30 feet to any residential property line.

(Ord. No. 2021-07, § 2, 7-13-2021)

Health care facilities are permitted in the district(s) specified in appendix A when approved with a special use permit by the Foxfire Village Council. A special use permit will be issued when the development meets the requirements of the district, the general standards set forth in section 21-8-14 and the following specific standards:

(1)

A statement shall be submitted setting forth the full particulars on the building and/or use, including but not limited to, maximum occupancy, number and qualifications of staff, hours of operation, age groups, number of vehicles, and certifications required or obtained from other agencies.

(2)

The lot upon which the use is proposed shall conform to the following standards and requirements:

1.

Minimum lot area: Five acres.

2.

Minimum front yard setback: 150 feet.

3.

Minimum side and rear yard setback: 100 feet.

4.

Maximum built-upon area shall be limited as provided in article VI, section 21-6-13, WSO.

(3)

Accessory buildings shall not be located closer than 30 feet to any residential property line.

(4)

The facility shall not exceed two stories in height exclusive of basement areas. Basement areas shall not be utilized to house patients or recreation areas.

(5)

The facility shall be licensed by and meet all appropriate standards of federal, state, and county regulatory agencies.

(6)

Minimum width of evergreen buffer area along both side and rear property lines abutting any residential use: 50 feet.

(Ord. No. 2021-07, § 2, 7-13-2021)

Bed and Breakfast inns are permitted in the district(s) specified in appendix A with approval of a special use permit by the Foxfire Village Council. A special use permit will be issued when the development meets the requirements of the district, the general standards set forth in section 21-8-14, and the following specific standards:

(1)

Structures and uses shall conform to all the requirements for a one family dwelling in the zoning district. The size of the rooms shall meet all of the air volume and other applicable requirements of the state and county building and health codes.

(2)

Off-street parking shall be required for guest vehicles; a minimum of one parking spot for each guest and two spots for the owner of the property must be provided. Parking shall not be in the front yard, except on the existing driveway.

(3)

The owner/operator of the inn shall have his/her residence in the same house, and occupy the residence when the inn is in operation.

(Ord. No. 2021-07, § 2, 7-13-2021)

Veterinary clinics and animal care facilities are permitted in the district(s) specified in appendix A with approval of a special use permit by the Foxfire Village Council. A special use permit will be issued when the development meets the requirements of the district, the general standards set forth in section 21-8-14, and the following specific standards:

(1)

The minimum lot area shall be one acre. The maximum built upon area shall be as specified in article VI, section 21-6-13, WSO

(2)

The minimum front yard setback, principal or accessory structures, including kennels, pens and runs: 100 feet.

(3)

The minimum side and rear yard setback, principal or accessory structures, including kennels, pens and runs: 50 feet.

(4)

No building or area used for kennels, pens or runs shall be located closer than 150 feet to any dwelling.

(5)

Sufficient space shall be provided indoors for all animals kept at the facility, and no animals may be kept out of doors between 9:00 p.m. and 7:00 a.m.

(6)

Detailed plans and proposals for appropriate sanitary sewage and solid waste disposal shall be submitted with the development application.

(7)

Provisions shall be made for noise control which at a minimum shall include:

a.

Soundproofing of all enclosed structures.

b.

Noise baffles or dense screening and landscaping of all outside pens, kennels, cages and runs.

c.

Secondary buffer plantings between pens, kennels, cages, and runs and any exterior property line buffer strip required by the planning and zoning board and/or Foxfire Village Council.

(8)

The facility shall be licensed by and meet all appropriate standards of federal, state, and county regulatory agencies.

(9)

An evergreen buffer area at least 30 feet in width must be placed along both side and rear property lines abutting any residential use; and shall consist of at least two staggered rows of ten evergreen trees or shrubs per 100 linear feet or fraction thereof.

(Ord. No. 2021-07, § 2, 7-13-2021)

Semi-public and private recreation facilities are permitted in the district(s) specified in appendix A when approved with a special use permit by the Foxfire Village Council. A special use permit will be issued when the development meets the requirements of the district, the general standards set forth in section 21-8-14, and the following specific standards:

(1)

Minimum lot area: Five acres.

(2)

Maximum built-upon area shall be as specified in article VI, section 21-6-13, WSO.

(3)

No building, structure, recreation area or parking area shall be located closer than 50 feet to a residential property line.

(4)

The maximum membership limit of any quasi-public or private club shall be fixed at the time of application and shall be commensurate with the amount of land to be used and exact nature of the use. No further expansion of the membership shall be made unless additional land is acquired and supplemental application is made to the Foxfire Village.

(5)

When a swimming pool is proposed the following conditions shall apply:

a.

Lifeguards are required per applicable state and county law and regulation.

b.

A suitable clubhouse or bathhouse building shall be provided, and it shall be set back not less than 100 feet from the front property line and not less than 50 feet from the side and rear property lines.

c.

The pool shall be located not less than 25 feet from the side or rear of the clubhouse or bathhouse, not less than 100 feet from the front property line, and not less than 50 feet from the side and rear property lines.

d.

The size of any public or private club pool shall meet the requirements of applicable state and county law and regulations.

e.

Separate changing facilities shall be provided for men and women.

f.

The pumping and filtration system shall be located away from the pool and clubhouse, in an enclosure, and at least 50 feet from any side or rear property line.

g.

In addition to decks or walks surrounding the pool, a lounging and spectator area shall be provided.

h.

Fencing shall meet the requirements of section 21-8-3 and applicable state and county law and regulation. Details of the proposed fence shall be included with the site plan application.

i.

A complete system of artificial lighting shall be included for the pool, lounging area(s), walkways, and parking lot. All lighting fixtures shall be shielded to prevent direct beams from falling on any adjoining property.

j.

No sound amplifying system shall be operated or other activities permitted which would cause undue noise or constitute a nuisance to the surrounding neighborhood.

(6)

Parking shall comply with the requirements of section 21-8-15.

(7)

An evergreen buffer area at least 30 feet in width must be placed along both side and rear property lines abutting any residential use; and shall consist of at least two staggered rows of ten evergreen trees or shrubs per 100 linear feet or fraction thereof.

(Ord. No. 2021-07, § 2, 7-13-2021)

Commercial recreation facilities such as miniature golf courses, driving ranges, swimming pools, and similar uses are permitted within the district(s) specified in Appendix A with approval of a special use permit by the Foxfire Village Council. A special use permit will be issued when the development meets the requirements of the district, the general standards set forth in section 21-8-16, and the following specific standards:

(1)

No building or structure shall be located closer than 35 feet to any property line.

(2)

Unless elsewhere specified in this code for a definable use proposed, the off-street parking requirements shall be determined and specified by the planning and zoning board.

(3)

Commercial swimming pools shall be subject to the provisions of section 21-8-25 of this article.

(4)

Maximum built-upon area shall be as specified in article VI, section 21-6-13, WSO.

(5)

Reserved.

(6)

An evergreen buffer area at least 30 feet in width must be placed along both side and rear property lines abutting any residential use; and shall consist of at least two staggered rows of ten evergreen trees or shrubs per 100 linear feet or fraction thereof.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2024-05, § 1, 2-13-2024)

Life care or assisted living facilities are permitted within the district(s) specified in appendix A with approval of a special use permit by the Foxfire Village Council. A special use permit will be issued when the development meets the requirements of the district, the general standards set forth in section 21-8-14, and the following specific standards:

(1)

A statement setting forth the full particulars on the building and/or use must accompany the application for development.

(2)

The site must have frontage on, and access to, a principal road.

(3)

The lot upon which the use is proposed shall conform to the following standards and requirements:

a.

Minimum lot area: 25 acres.

b.

Minimum front yard setback: 100 feet.

c.

Minimum side yard setback: 50 feet.

d.

Minimum rear yard setback: 50 feet.

e.

Maximum lot coverage: See article VI, section 21-6-13, WSO.

f.

Minimum unoccupied open space: 25 percent.

g.

Minimum setback of buildings from parking areas and vehicular access drives: 35 feet.

(4)

Maximum building height. The maximum building height shall be 35 feet; provided, however, that the height of a structure, or portion thereof, may exceed the maximum if the front, side, and rear yard requirements are increased by five feet for each foot by which the height of the structure, or part thereof, exceeds the maximum permitted height. In no case shall any proposed structure exceed 40 feet in height and have more than three usable floor levels.

(5)

Adequate parking facilities for the residents, employees, and visitors of the life care facility shall be provided based upon a total of the following:

a.

One space per independent living unit.

b.

One space per six health care beds.

c.

One space per day shift employee.

d.

One space per ten independent living units for visitor parking.

(6)

Maximum density: 12 dwelling units per acre. For the purpose of computing density, each independent living unit shall be considered a dwelling unit. Health care beds, either individually or collectively, shall not be considered dwelling units.

(7)

All support facilities, functions and services shall be intended for the use and benefit of the resident users of the facility and their guests only.

(8)

Health care and support services, functions and facilities within a life care facility may include the following:

a.

Indoor and outdoor recreation facilities.

b.

Physical therapy facilities.

c.

Entertainment facilities.

d.

Libraries.

e.

Food preparation facilities.

f.

Dining facilities.

g.

Linen service facilities.

h.

Nursing service.

i.

Housekeeping service.

j.

Health care facilities and services, including nursing beds, security facilities, administrative offices, storage facilities, chapels, facilities for the temporary lodging of guests, and limited service facilities.

An evergreen buffer area at least 30 feet in width must be placed along both side and rear property lines abutting any residential use; and shall consist of at least two staggered rows of ten evergreen trees or shrubs per 100 linear feet or fraction thereof.

(Ord. No. 2021-07, § 2, 7-13-2021)

Editor's note— Ord. No. 2024-05, § 1, adopted Feb. 13, 2024, repealed § 21-8-28 [including all of its subsections], which pertained to wireless telecommunications facilities and derived from Ord. No. 2021-07, § 2, adopted July 13, 2021.