FRIDAY. JANUARY 22. 1954 'HE P'l.O'’ .Southern Pines. North Carolina Page SEVEN Notice of Adoption of Ordinance Notice is hereby given that the Town Council of the Town o^f Southern Pines, in regular session assembled on the 12th day of January 1954, adopted a Zoning Ordinance for the Town of South ern Pines, as follows: ZONING ORDINANCE OF THE TOWN OF SOUTHERN PINES An ordinance to amend the existing zoning ordinance in or- lowing the southern corporate limit line to its point of intersec tion with the eastern corporate limdt line; thence in a norlheastr erly direction along the east cor porate limit line to Connecticut A'l^nue; thence in a north we.st- eriy direction along Connecticut Avenue to the intersection of the coroprate limit and the James the aggregate not over thirty per I cent (30%) of the required rear yard. (5) Side Yard—There shall be a side yard on each side of every der to regulate, restrict and limit, | Boyd forty-three acre tract, lit a in the interest of the public point opposite the intersection of 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; Weymouth Road and Connecticut Avenue; thence in a northeaster ly direction along the corporate lim.it line to the northeast. corner of the Struthers Burt property; thence following the boundaries the height, bulk, and location of I of the Struthers Burt property to buildings and other structures 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 cut 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 TO WIN OF SOUTHERN PINES: the east side of Ridge Street; thence South along the east side of Ridge Street to the intersection yard shall be twelve (12) feet. (6) Corner L6ts—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 snail be the street upon which a majority of the lots in the block are fronted., SECTION V—RESIDENCE II DISTRICTS A. Uses Permitledi (1) All uses permitted by Sec tion IV in R1 Districts, the provi sions of said Section IV relating to accessory uses and otructuves, garage apartments, temporary liv ing quarters and customary home occupations in the residence to be the term of any regular memoer ;xpires. Each appointment to fill a vacancy shall be for the unex pired term. Any alternate mern- oer may attend amy regular or mam building. The minimum gpgcial meeting of said Boai-d and width of any part of any side of the south side of Rhode Island applicable in R2 Districts. SECTION I—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 cne 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 lot. Rear Yard: A space, unoccupied other than by any permitted ac cessory building, extending for the entire width of a lot from tiie 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 the 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 ja 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- iiy- , 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 ing 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 .shall be erected or altered which does not comply with the building and area regulations of this ordi nance for the district wherein lo cated, nor shall any building or premises be used for any purpose other than a use permitted by this ordinance in the district wherein located, except as permitted in Section VIII of this ordinance. SECTION III—BOUNDARIES OF DISTRICTS A Residence I (1) Beginning at a point 100 feet east of, the east boundary' of May Street at the south boundary 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 adjace.it of Mor- ganton Road; thence along the southern corporate limit 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 un changed by this ordinance.. D. Industrial (1) The boundaries of the in dustrial districts shall remain un changed by this ordinance. SECTION IV—RESIDENCE I 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 basis 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 occupations 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 floor 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 apd 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 purpose of dis playing the name of the church or institution and the activities or services thereof. B. Building and Area Regulations: (1) Height—The maximum height shall be thirty five (35) 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) teet may be built to any height the dimen 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 shall be required for every main 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 the block frontage is already oc cupied by buildings; the average set back of these buildings may be taken as the building line for that block frontage (4) Rear Yard—A rear yard' (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 build ings for offices of physicians, but no hospital, sanitarium or riursing 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. 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 feet of lot area for each dwelling unit in excess of two (2). • (3) Front Yard—The require ments shall be the same cs in Section PV, subsection B3. (4) Rear Yard—A rear yard shall be required for every main j jjjg inspector. The concurring serve thereon in the absence of any regular member and while so- serving shall have and exercise all the powers and duties of such absent member. Said Board 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 from, 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 imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which miay be granted by the Board or by a court of 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 reasonable time after the pub lic hearing. The Board shall keep minutes of its proceedings, show ing the vote of each member upon each question, and the absence or failure of any memner to vote, and the final disposition of each appeal shall be by recorded reso lution indicating the reasons of the Board therefor, all of which shall be a public record. 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 by the Build- No permit for the excavation for,’are preserved and may be en- at 8:00 p. m. on FRIDAY, JAN- line building. The minimum depth of any rear yard shall pe 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. SECTION VI— BUSINESS DISTRICTS A. Uses Permitted: 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 remam un changed by 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 continued, 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 use of the same or higher classification, but may not at any time be changed to use of a lower classification. 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 structure damaged by fire, ex plosion, flood, riot or act of God may be reconstructed and used as 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. QVr'TTON Y 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 be appointed by the Town Council, one (1) to serve 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 vote of four (4) members of the Board shall be necessary to re verse any order, requirement, de cision or determination made by the Building Inspector or to de 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 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 mony with the general purpose and intent of this ordinance, 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 and 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 don-?. Any person or persons, jointly or severally, aggrieved by any de cision of the Board, 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 thereatier, 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 proceeding in the nature of certiorari as provided by law. SECTION XI CERTIFICATE OF OCCUPANCY After the effective date of this ordinance it shall be unlawful to change or commence the use of any building or land, except the use of land for agricultural pur poses, until a certificate of occu- or the erection of; any building or part of a building, o-r fox 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 stating that the building and th^ proposed use thereof complies with the provi sions of this ordinance. A record of all such certificates shall be kept bn file in the office of the Build ing Inspector and a copy shall be furnished upon request to any person having a proprietary or tenancy interest in the building. SECTION XII—PLATS 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 lot 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 AND AMENDMENTS The Town Council mmy from time to time on its own motion or on petition, after public notice and hearing as provided by law, amen,d, supplement or change, modify or repeal the boundaries or 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 proposea 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. lorced. lUARY 29th, 1954. SECTION XVIII— I All members of the Association EFFECTIVE DATE ' are urged to be present if possibly This ordinance shall take effect to transact such business as liiay and be in force from and after the i properly come before the mem- date of its passage and publica tion. LLOYD CLARK Mayor Attest: LOUIS SCHEIPERS, JR. Clerk bers. MARY McCALLUM, Secretary Legal Notices NOTICE Having this day qualified as Administratrix of the estate of | Walter B. Whitman, deceased, this | is to notify all persons having claims against the said estate to I present them to the undersigned, ‘ duly verified, on or before Decem ber 25, M54, or this notice will be | pleaded in bar of their recovery. All persons indebted to the said estate will please prake immediate pa3nnent. Dated this 16th day of Novem ber 1953. ’ WANDA WHITMAN, Admin istratrix of the Estate of Wal ter B. Whitman, deceased. d25j29incl NOTICE IN THE SUPERIOR COURT North Carolina, Moore Coimty EDITH STRICKLAND ROSS, Plaintiff, vs. LUCIUS O. ROSS, Defendant. The above named defendant will take notice that an action en- ! titled as above has been com- j menced in the Superior Court of j Moore County, North Carolina, to I secure SiU absolute divorce; that the defendant will further take notice that he is required to ap pear before, the Clerk of the Su perior Court of said County in his office in the Court House in the Hay es Boak Shop BOOKS Office Supplies School . .Supplies* Leather Goods Pari y G o o d s News papers* Stationery Magazines R e c Q r d s R a d i os M b d el s Gifts Games Toys Town of Carthage, North Carolina, within twenty days from the 12th day of February 1954, and answer the plaintiff’s Complaint in said action or plaintiff will apply to the Court for the relief demanded in said Complaint. Dated this 9th day of January, 1954. C. C. KENNEDY, Clerk of the Superior Court j 15,22,2945c SECTION XIV—APPLICATION The Town Council may appoint shall be required for every main two (2) alternate members of said building The minimum depth of Beard who shall be citizens of the pancy shall have been issued by any rear yard shall be thirty (30) Town of Southern Pines and shall the Building Inspector stating that soutnern corporate iinut feet. Accessory buildings for uses be apnointed for a term which nrono<=ed use along Morganton Road and fol-1 permitted herein, may occupy in' shall expire at the next time when the provisions of this ordinance. 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 not intended by this o’"di- 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 which shall be adopted or issued in confonn- 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 of 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 permits, or by such ease ments, covenants or agreements, the provisions of this ordinance shall control. SECTION XV—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 re 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 e.vist shall be considered a separat.e of fense, provided the violation of this ordinance, be not corrected within thirty (30) days after no tice of said violation has been giv en. SECTION 3{VII— REPEALING CLAUSE This ordinance in part carries forward by re-enactment som.e of the provisions of the existing City Planning and Zoning Ordinances of the Town of Southern Pines, as amended, and it is not the in tention to repeal, but, to re-enact and continue in force without in terruption such existing provi sions. so that all rights and liabili ties that have accrued thereimder . NOTICE Southern Pines, N. C. January 15, 1954 > The aimual merhbers meeting of The SOUTHERN PINES BUILDING AND LOAN ASSO CIATION of SOUTHERN PINES, N. C. will be held at the Southern Pines Civic Club, Comer Ashe Street and Pennsylvania Avenue GREETINGS & GIFTS %re brought to you irom Friendly Neighbors & Civic & Social Welfare Leaders through WELCOME WAGON On the occasion of: • The Birth of a Baby Engagement Announcements Change of residence Arrivals of Newcomers tO SOUTHERN PINES Phone 2-6531 fNm eoit 0r obUgation} \ , KENTUCKY WHISKEY- A BLEND la PROOF. 70% grain neutral spirits. SCHENLEY DIST., INC., FRANKFORT, Mf.