NOTICE OF PUBLIC HEARING Under and by virtue of author ity contained in the general stat utes of North Carolina, and pur suant to resolution passed by the Town Council of the Town of Southern Pines in regular session assembled at the town office on the 8th day cf December, 1953, notice is hereby given of a public hearing to be held by the town council at 8 o’clock p. m. in the Town Office on the 7th day of January, 1954, for.'the purpose of considering a proposed zoning ordinance of said town. Said pro posed ordinance is as follows: ZONING ORDINANCE OF THE TOWN OF SOUTHERN PINES An ordinance to amend the existing zoning ordinance m or der to regulate, restrict and limit, in the interest of the public health, safety, comfort, conven ience, and general welfare, the uses and locations of buildings and other structures and premises to be used for trade, industry, res idence, or other specified uses ^ the height, bulk, and location of buildings and other structmres hereafter erected or altered, in cluding the lot area per family, set back building lines, and the areas to be devoted to yards and open spaces; and for said purpose to divide the Town into zones or districts of such number, shape, and area as are deemed best suit' ed to carry out said purposes; and to provide a method of adminis- tration; and to prescribe penal ties for the violation thereof. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF SOUTHERN PINES: of Rhode Island Avenue; thence southward 100 feet or the depth of the lot east of the East bound ary of May Street to the southern corporate limit adjacent of Mor- ganton Road; thence along the southern corporate limit line along Morganton Road and fol lowing the southern corporate limit line to its point of intersec tion with the eastern corporate limit line; thence in a northeast erly direction along the east cor porate limit line to Connecticut Avenue; thence in a north west erly direction along Connecticut Avenue to the intersection of the coroprate limit and the Jafties Boyd forty-three acre tract, at a point opposite the intersection of Weymouth Road and Connecticut Avenue; thence in a northeaster ly direction along the corporate limit line to the northeast corner of the Struthers Burt property; thence following the boundaries any rear yard shall be thirty (30) I shall expire at the next time whS feet. Accessory buildings for uses , the term of any regular member permitted herein, may occupy in, expires. Each appointment^to fill the aggregate not pver thirty per ■ - - ° cent (30%) of the required rear yard. (5) Side Yard—There shall be a side yard on each side of every main building. The minimum width of any part of any side' yard shall be twelve (12) feet. (6) Corner Lots—No part of any building or, structure shall be within 25 feet of the front street line, or within 20 feet of the side street line. The front street line shall be the street upon v/hich a majority of the lots in the block are fronted. SECTION V—RESIDENCE 11 DISTRICTS A. Uses Permitted: (1) All uses permitted by Sec- ticn IV in R1 Districts, the provi- SECTION 1—DEFINITIONS Unless it clearly appears from the context in any instance that a different meaning is intended for any of the following words or groups of words, the following definitions shall apply in this or dinance: Lot: Any parcel of land of suf ficient area to accommodate one main building'and any permitted accessory buildings and to provide such open spaces as are required by this ordinance. Accessory Building: A building subordinate to the main building on a lot for uses customarily in- cidental to those of the main building. Front Yard: An open space ex tending for the entire width of a lot from the street line of the lot to the foremost part, other than steps, of the main building on the IC't Rear Yard; A space, unoccupied other than by any permitted ac cessory building, extending for ;^ the entire width of a lot from the rear line of the lot to the rear most part, other than steps, of the main building on the lot. Side Yards: An open unoccupied space between the side line of the lot and the main building thereon. Height of Building: The vertical distance measured from the top of the basement, if any, otherwise from the ground level at the cen- ter of the front of the building, to the highest point of the roof beams adjacent to ^he front wall in the case of a flat roof; to the average height of the gables in the case of a pitched roof; and to the deck line in the case of a man sard roof. Family: Any number of indiv iduals living together as a single housekeeping unit. One-Family Dwelling: A de tached building designed for and to be used by only one (1) fam ily- Two - Family Dwelling: A building designed for and to be used by not more than two (2) families, one living indepen dently of the other, and separa ted by walls and|or floors. Multiple Dwelling: A build- aing designed for and to be used by three (3) or ' more families, each living independently of the others in a separate housekeep ing unit. SECTION II—DISTRICTS For the purpose of this ordi nance the Town of Southern Pines is hereby divided into dis tricts which are hereby given the following designations: Residence 1 Districts Residence 2 Districts Business District Industrial District Rl, R2, B and I are used here respectively as abbreviations for Residence 1, Residence 2, Busi ness and Industrial. No building or structure shaU be erected or altered which does lot comply with the building md area regulations of this ordi- lance for the district wherein io- ated, nor shall any building or sions of said Section IV relating . T3 4. 4. 4. accessory uses and structures, iL ^ ''I 1° apartments, temporary liv- the east side c-f Ridge Street, lincf mi;:T-+oT’o oriu — thence South along the east side of Ridge Street to the intersection of the south side of Rhode Island Avenue; thence west to the point of beginning. (2) All the area bounded by Saylor Street, Crestview Road, Blue Hills Avenue and Rhode Is land Avenue. B. Residence II (1) All of the area within the corporate limits of the Town of Southern Pines not included in Rl, B, or I districts. C. Business (1) The boundaries of the busi ness district shall remain changed by this ordinance.. D. Industrial (1) The boundaries of the dustrial districts shall remain un changed by this ordinance. SECTION IV—RESIDENCE DISTRICTS A.. Uses Permitted: (1) One-family dwellings. (2) Churches and other places of worship. (3) Public and parochial'schools and public libraries. (4) Buildings, play grounds and parks, any of which shall be own ed and operated on a non-com mercial bqsis for purposes of rec reation by the Town of Southern Pines, by any religious institution or by any charitable organization. (5) Accessory uses and struc tures customarily incident to the principal uses and structures, in cluding the erection and use, only in the rear yard area, of living quarters for servants in the em ploy of the occupants of the main residence. Garage apartments for rent will not be permitted. Erec tion and use of trailers or tempor ary living quarters pending the construction of the main resi dence will not be permitted. (6) Customary home occupa tions in the residence, provided that such occupatibns shall be carried on by resident occupants in the main building, and provi ded further that not more than twenty (20) per cent of the floof space of the residence is used in the conduct of such activities, only articles made on the prem ises are sold on the premises, and no articles for sale are displayed so as to be visible from the street. (7) The maintenance of an of fice by a professional person in the bona fide residence of such person. (8) A professional or announce ment sign not exceeding one (1) square foot in area if wholly at tached to the building; a sign per taining only to the lease andlor sale of the premises upon which displayed, not exceeding six (6) square feet in area and displayed behind the front building line ap plicable to- the lot; a sign or bulle tin board not exceeding twelve (12) square feet in area upon the premises of a church or other in stitution for the purpo.se of dis-/ playing the namn of the church or institution and the activities or services thereof. B, Building and Area Regulations: (1) Height—The occupations in the residence to be applicable in R2 Districts. (2) Two-family dwellings and multiple dwellings if provision is made on the let on which any such dwelling is located for park- ■ ing of at least one car lor each housekeeping unit. (3) Hospitals, sanitariums, nursing homes, clinics and jiuild- ings for offices of physicians, but no hospital, sanitarium or nursing home in R2 district shall be used primarily for the treatment of contagious diseases or the care and treatment of drug addicts or alcoholics. (4) Private clubs not conducted for profit. jn- B. Building and Area Regulations: (1) Height—The heights of dwellings and all other buildings shall be the same as prescribed by Section IV, subsection Bl. (2) Area—There shall be a min imum. of five thousand (5,000) square feet of lot area for each dwelling designed for not more than two (2) families, and an ad ditional two thousand (2,000) square febt of lot area for each dwelling unit in excess of two (2). (3) Front Yard—T'he require ments shall be the same as in Section IV, subsection B3. (4) Rear Yard—A rear yard shall be required for every main building. The minimum depth of any rear yard shall be twenty (20) feet, unless the average depth of the lot is less than one hundred thirty-three (133) feet, in which event the minimum depth shall be fifteen (15) per cent of the ave rage depth of the lot. (5) Side Yard—the require ments shall be the same as in Sec tion IV, subsection B5. a vacancy shall be for the unex- pired term. Any alternate mem ber may attend any regular or special meeting of said Board and serve thereon in the absence of any regular member arid while so- serving shall have and exercise all the powers and duties of such absent member. Said Bo.itd shall elect a Chairman and such other officials as shall be necessary. An appeal from the decision of the Building Inspector may be taken to the Board by any per son aggrieved or by any officer of the Town. An appeal stays all proceedings in furtherance of the action ap pealed front, unless the officer from whom the appeal is taken certifies to the Board that by reason cf facts stated in the certif icate a stay would in his opinion cause ’ ■ No permit for the excavation for, or the erection of, any building or part of a building, or for re pairs or alterations of a building or part of a building, shall be is sued until after a statement of the intended use has been filed by the applicant, and no permit shall be ussued by'the Building Inspector when it appears that such build ing or its intended use will violate the provisions of this ordinance. No building erected or structural ly altered after the effective date of this ordinance shall be used or occupied until the Building In spector shall have issued a certifi cate of occupancy staling that the building and the prop.osed use thereof complies with the provi sions of this ordinance. A record of all such certificates shall be kept on file in the office of the Build_ ing Inspector and a copy shall be’ furnished upon request to any are preserved forced. may SECTION XVIII— EFFECTIVE DATE This ordinance shall take effect and be in force from and after the date of its passage and publica tion. ' This the 9th day of December, 1953, by order of the Town Coun cil, Town of Southern Pines. LOUIS SCHEIPERS, JR Notice of Public Hearing imminent peril to lif4» nr' u • tv Tn Bnr.v, Pe^son having in the building. SECTION XII—PLATS property. In such case proceeding; ;renan;VTterest" "" shall not be stayed otherwise than interest by a restraining order which may be granted by the Board or by a court cf record on application, on notice to the officer from whom the appeal is taken and on due cause shown. All hearings of appeals shall be open to the public. Notice of the time and place of each hear ing shall be given to the appel lant, and to the owners of proper ties adjacent to, directly across the street from, and immediately in the rear of, the property in volved in the hearing, and the de cision of the Board on each appeal shall be made either at or within a reasc-nable time after the pub lic hearing. The Board shall keep minutes of its proceedings, shov»- ing the vote of each member upon each question, and the absence or failure of any member to vote. Each application for a building permit shall be made prior to any construction work and shall be accompanied by a plat in dupli cate drawn to scale showing ac curate dimensions of the iot to be built upon, the width of the street or streets upon which the lot fronts or abuts, accurate dimen sions of the building to be erected, its location on the lot, and such other information as may be nec essary to provide for the enforce ment cf this ordinance. A careful record of such applications and plats shall be kept in the office of the Building Inspector. SECTION XIII CHANGES Alrt) AMENDMENTS The Town Council m.ay from Under and by-virtue of author ity contained ih the general stat utes of North Carolina, and pur suant to resolution passed by the Town Council cf the Town of Southern Pines in regular session assembled at the town office on the 8th day of December. 1953, notice is hereby given of a public hearing to be held by the town so desire, install meters at their own expense to measure the amount of water that is used, but not emptied into, the sewer sys tem, and no sewer charge shall be made on that amount of water. Section 4. Where a v/ell is used by any person, firm or corpora tion and the water from such well is put into the public sower sys tem the property owner shall within thirty days from the pass age of this ordinance and there after report in writing such sewer use to the Office of the Town Manager. Where such a well is used and the water from such well is put into the public sewer system, the property owner shall request the Town to install at the property owner’s expense the nec essary meter or meters to meas- - ure such water going into the Town sewers. Iftstallation, mainte nance, and control of such meters shall be under the supervision of the Town of Southern Pines and the Town shall have the right to go onto the property to read the council at 8 o’clock p. m. in the,- Town Office on the 15th day of meter or meters. December, 1953, for the purpose of considering a proposed ordi nance imposing a service charge for the use of the public sewer system of said town. Said propos ed ordinance is as follows: and the final disposition of each motion or appeal shall be by recorded reso- Idtion indicating the reasons of the Board therefor, all of wtoich shall be a public rec.ord. The Board shall have the fol lowing powers: 1. To hear and decide an appeal when it is alleged by the appel lant that there is error in any order, requirement, decision or determination made b3' the Build ing Inspector. The concurring vote of four (4) members of the Board shall be necessary to re verse-any order, requirement, de cision or determination miade by the Building Inspector or to dei cide in favor of the appellant any question raised by the appeal. 2. To permit a temporary build ing for business or industry in a residential district, which is inci dental to the residential develop- un- maximum SECTION VI— BUSINESS DISTRICTS A... Uses Permitied: The uses permittetd for business purposes shall remain unchanged by this ordinance. SECTION VII— , INDUSTRIAL DISTRICTS A. Uses Permitted: The uses permitted for indus trial purposes shall remain changed bv this ordinance. SECTION VIII— NONCONFORMING USES The lawful use of any building or land existing at the time of the adoption of this ordinance may be cc-ntinued. but not enlarged or extended although/the use of such building or land does not conform to the regulations of the district in which such use is maintained. An existing moncOnforming use of a building" or premises may be changed to- another nonconform ing u.se of the same or higher classification, but may not at any time be changed to use of a lower classification. t No nonconforming use may be re-established in any building or on any premises where such non conforming use has been discon tinued for a period of one year. Any nonconforming building or height shall be thirty five (35) ^ plosion, flood, not or act of God may be reconstructed and used as feet or two (2) stories for any building other than a church, school, college or other public building, any of which if set back from each lot line, in addition to all yard requirements, one (1) foot for each foot of height of the building, exclusive of steeples, in excess of thirty-five (35) feet may be built to any height the diinen- tions of the lot will allow. (2) Area—There shall be a min imum of seven thousand five hun dred (7,500) square feet of lot area for each dwelling, unless the size of a lot of less area has been fixed by recorded map or deed prior to the adoption of this ordinance. (3) Front Yard—A front yard iremises be used for any purpose required for every main ther than a use permitted by this rdinance in the district wherein ocated, except as permitted in ection VIII of this ordinance. SECTION III—BOUNDARIES OF DISTRICTS . Residence I (p Beginning at a point 100 building. The minimum depth of any front yard shall be twenty five (25) feet from the front prop erty lot line, except where more than twenty per cent (20%) of Council, one (1) to serve the block frontage is already oc cupied by buildings; the average set back of these buildings may „ i,c4.i4i. ux u ..St of th. boundary of ttattSk J?"','; '"T"' fay Street at the south boundary (4) Reap Yard—A rear ' - alternate members of said before any such calamity, provi ded such reconstruction takes place within one year of the cal amity, SECTION IX-^ ADMINISTRATION The Building Inspector is here by authorized, and it shall be his duty, to administer the provisions of this ordinance. Appeal from the decision of the Building In spector may be made to the Board of Adjustment as provided in Sec tion X. SECTION X— BOARD OF ADJUSTMENT A Board of Adjustment is here by established which shall con sist of five (5) members who shall be citizens of the Town of South ern Pines, North Carolina, and shall appointed by the Town for a term of one (1) year, two (2) for a term of two (2) years, and two (2) for a term of three (3) years. ment, such permit to be issued for a period of not more than one (1) year. 3. To permit a garage other than a private garage, but for storage purposes only, as an accessory building to a hotel, hospital or similar institution, in a residen tial district where it is deemed necessary for the public conveni ence or welfare and where it can be done without substantially de rogating from the intent and pur pose of this ordinance. 4. If recommended by the State Utilities Commission of North Carolina, to permit in appropriate cases, subject to appropriate con ditions and safeguards in har- nriony with the general purpose and intent of this ordinance, a building or premises to be erected or used by a public service cor poration or for public utility pur poses in any location and for any purpose which is reasonably nec essary for the public convenience nd welfare. 5. To vary or modify upon ap peal any cf the regulations or pro- ] visions of this ordinance relating to the use, construction or alter ation of buildings or structures or the use of land, where in a spe cific case owing to special condi tions a literal enforcement of the strict letter of the ordinance would result in unnecessary hard ship, so that the spirit of the ordi nance shall be observed, public safety and welfare secured and substantial justice done. Any person or persons, jointly or severally, aggrieved by any de cision of the Beard, or any tax payer, or any officer of the Town of Southern Pines may within thirty (30) days after the filing of the decision in the office of the Board, but not thereafter, present to a court of competent jurisdic tion a petition duly verified, set ting forth that such decision is il legal, in whole or in part, specify ing the grounds of illegality, whereupon such decision of said Board shall be subject to review by a prc-ceeding in the nature of certiorari as provided by law. on petition, after public notice and hearing as provided by law, amend, supplement or change, modify or repeal the boundaries c-r regulations herein or subse quently established. In case, how ever, of a protest against such change duly signed by the owners of twenty (20) per cent or more of the frontage proposed to be changed or of the frontage im mediately in the rear thereof or directly opposite thereto, such amendment shall not be passed except by a three-fourths (3i4) vote of all the members of the ■Town Council. SECTION XIV—APPLICATION In their interpretation and ap plication the provisions of this or dinance shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, 'onven- ience and general welfare. It is nc-t intended by this ordi nance to repeal, abrogate annul or in any way impair or interfere with any existing provisions of law or ordinance or any rules, regulations or permits previously adopted or issued or whiejj shall be adopted or issued in conform; ity with law relating to the use of buildings or premises, nor is it intended by this ordinance to in terfere with or abrogate or annul any easements, covenants or other agreements between parties; pro vided, however, that where this ordinance imposes a greater re striction upon the use of buildings or premises or upon the height o'f buildings or requires larger yards, courts or other open spaces than are imposed or required by such existing provisions of law or ordi nance or by such rules, regula tions or perm.its, or by such ease ments, covenants cr agreements, the provisions of this ordinance shall coqtrol. SECTION XV. AN ORDINANCE IMPOSING A SERVICE CHARGE FOR THE USE OF THE PUBLIC SEWER SYSTEM. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF SOUTHERN PINES, NORTH CAROLINA: Section 1. For the purpose of defraying, the expense of main taining and operating the Town Sewerage System, there shall be a sewer service charge' levied and collected quarterly, pursuant to authority granted iq G. S. 160- 249, with respect to all property in which there is a sewer connec tion with a Town Sewerage Sys tem. Such charge shall be 50 per cent of the charge for water sen-- ice for consumers within the cor porate limits. Con Aimers outside the corporate limits shall be charged 100 percent of the charge for water service where they are connected to the Town Sewerage System. Section 2. Such charge shall be added to each water bill quarterly and shall be payable at the same time that the water bill is pay able. The occupants of the prem ises shall be liable for the pay ment of the sewer charge as in the case of the water charge. A penalty for failure to pay such charge shall be the ,same as in the case of failure to pay the water charge. Section 3. Ice manufacturers, cement mixers, golf courses, and other consumers who purchase water that is not emptied into the public sewer system, may, if they Section 5. The sewer service charge levied by this ordinance shall be effective the quarter be ginning January 1, 1954, and thereafter. Section 6. The sewer rental charge imposed on outside con sumers amounting to twenty-five dollars a year under Section 8, Article II, Chapter Q, of the Town Code of Ordinances shall be, and is hereby, repealed. Section 7. All ordinances or parts of ordinances in conflict are hereby repealed. Section 8. Any person, firm, or corporation who shall violate any provision of this Ordinance shall be fined not less than $5(«0 nor rnore than $50.00. Each and every violation and every day’s contin uance thereof, shal iconstitute a separate offense. This the 9th day of December, 1953, by order of the Town Coun cil, Town of Southern Pines. LOUIS SCHEIPERS, JR. TOWN CLERK AUTO QUIZ for New Car Buyers What new car has an engine similar in type to that of the Rolls Royce? IIT nr AERO WILLYS of course! -VALIDITY If any section, paragraph, sub division, clause or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to such section, para graph, subdivision, clause or pro vision so adjudged, and the* 3 e- mainder of this ordinance shall be deemed valid and effective. SECTION XVI—PENALTY Any person, firm or corporation who violates the provisions of this ordinance shall, upon conviction, be guilty of a misdemeanor and shall be fined not exceeding fifty (50) dollars or imprisoned not ex- ‘ ceeding thirty (30) days. Each day that a violation continues to exist shall be considered a separate of fense, provided the violation of this ordinance be not corrected within thirty (30) days after no tice of said violation has been giv- J. W. DANT 100 PROOF BOULED-IN-BOND smiusK KENTUCKY STRAIGHT BOURBON WHISKEY $ 2.40 PINT SECTION XVII— REPEALING CLAUSE This ordinance in part carries forward by re-enactment some of the provisions of the existing City SECTION XI— CERTIFICATE OF OCCUPANCY After the effective date of this ordinance It shall be ™lawM ,o "z.SSg" chanp or commence the use of of the Town of Southern Pines usJ i amended, and it is not the in- a^icultural pur- tention to repeal, but, to re-enact nanev ® and continue in force without in- two alternate members of said the Building Inspeotor^statlre that existing provi- yard Board who shall bo oltlsehs of tho tho proposed use "compliel'wl.h l!lve°L"uS $ 3.80 4/5 QT. loo proof KentdcJ STRAlfiJ J.W. DANT THE DANT DISTILLERY COMPANY Oant, Kentucky