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
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