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