North Carolina Newspapers

PAGE SZV. , jpRAH KERR ask) ROBERT b 0ACenwy-Fox J'HEAVEN CL"NLAY SCHOOL LESSON .g unjfcis the people live right ously.' Outward, formal worship A'iU 110$ pe accepted by God arid he appeals , to his hearers to "let justice rfQlii down as waters and rightgpusness as a mighty '.ream i The preaching of Amos was no appreciated by the kind und thc-priests of Israel (just as it is not appreciated by numbers of eople oday). They sent Amos Lack h$iie, where he wrote his iinjnortfclS little book., ,. - t "; 'Theritirigs of Amos are 1m iortalvords," says J. E..;McFay ian;"fjjy express in imperish iihie fown the essence, of religion, the sirr(je',demands of God upon men. phe justice, the righteous ness fog touch Amos here pleads is a soMsjl thing; it is tender re-EPS-d ffjthe "poor, hatred of the evU conditions that have- devastated- fiiieir lives; it is the spirit which S4arns and works for .hel removqj pf those conditions; it is, in a w'erd,-: respect for personalis ty, fairway as between man and man. ." jfti justice, in that sense, run tligajugh society, unimpeded by avarjqe'of selfishness or cruel ty, let 0( roll on without let or hindrance .slike the waves of th .'V (Thefcommenfi ara based on iha Intel-national Sunday School Lesson Outlines, copyrighted . by the Jnteiinflional Council of Re Uctfous Education. U. S. A and used bRermission.) 1 ; f v.-..-? i. ' CARD OF THANKS : V I wiT to express' my thanks and ' appreciation to .my 'many' friends f dV the flowers, cards and visits roifie, and also-any. other kindnes.3 Shown white. I was a pa tient lift the Albemarle Hospital Thank ytfu again. ,. .'. : SC. WFMMTTTW MTT.T.PP FOR ' RnT-T- 3 LARGE ROOMS apartment with bath. Choice location; fOf towni Phone 3126. T. W.nyilson, Hertford, N. C. " Aug23,3u j i 1 i-t ' ' ' ' ' i .,' ' " HAMPSHIRE HOGS FOR SALE, Champion blood line 125-lb. i ; boarsil $50. Gilts . breeded for "Septefnber. "J. L. Evans", Route 1, Hertford, N. C. 1 ' . I " Aug23,30,Sept6,13 FOR SA1JE 2-ROW NEW IDEA , corn picker. - In good condition. See f. Baker, Route. 2, Hert- ford,'r C. Phone 5346. i Aug23,30 HELP .WANTED NEGRO ' WO I . men if (ieeded for part-time ' work3 'Selling. Will need car. i i Give S'ge, directions to home: i Write4 (Box 8-8-8,;; care Per fluimajptijWeekly, Hertford, N. (j, Ht( augl6,23,30 JOR S,'iIe 1953 BUICK SUPER 4-dorr sedan. A-l condition, Fully equipped, powersteering, raditg automatic drive. Good tiresM ,31,000 miles.: See Mrs, J. E!' J White, Hertford.. Phone .II l Augli,23 jU- : - 4 w ' U "fG LOTS FOR SALE x' $ or 300 front by . 200 -r,"l Highway - 17 - near .oo vllle, 8 miles south of ::iiz;.5dth City, N. 8 mile -nrl ,o Hertford, N. C.. , High y, jbar and old shadtf. y See Juh; ie Lane, WinfalL N. C. he i j 5902." Aug9,16,23,30 IMPROVEMENTS Roof 'in'g, garages built, rooins '.baths installed complete,, i'.ii? cement work'paint! jEny thing .else you wartt rove your home. Pay T down, 38 . months f ,to , ee ; Charles Haskett 704, Elizabeth'City, ; f v ' AUg9,16,23,30 THAT ITCIT! '" T 15 HTV'UTFS. aard, your two back t a. Try Initant dryinf I" -r lttNf (rwnt, . , j, , foot Itnh or othfir nrtuc it net -y or n ' K. I ' ... -hicv. v. il:.;;' MiTCHUM flaw fu.h in this tenc--. KNOVS, MR. AUJSON" fa 'Color.1 notify, (all ,?ertons' havpig;- claims against the' estate of said deceased to exhibit them to the undersign ed at Star Route, Winfall, N. C, on or before the 19th day of August, 1958 or this notice will be plead' ed in bar of their recovery, ' AH persons idebted to said state will please make immediate payment. This 19th day of August,-1957. MRS. SYLVIA WHITE , . WINSLOW, Executrix of Xinwood C.'Winslow Aug23,30,Sep6,13,20,27 v ' NOTICE OF. ADMINISTRATION ' Having qualified - as Executors of the estate of John B. Riddick, deceased,- ilate " of" Per'quimafls County, North Carolina, this is to notify all persons' haying claims against tne estate oi saia aeceasea to exhibit them to the undersign ed at Box,; 202, Winfall, NC, on or before the 9th day of August, 1958 or this notice will be plead ed in bar of; their recovery. All persons' indebted to said estate will please, make, immediate pay ment. .'V, .-. ; This 9th day of Augifst, '1957. FRED T., RIDDICK, JOHNNIE RIDDICK. ' " Executors of . John B. Riddick, Augl6,23,30,Sep6,13,20 NOTICE OF ADMINISTRATION Having qualified as Adminis trator, CTA of the estate of Mrs. Ida W. Winslow, deceased, late of Perquimans County, " North Caiolina, this is to notify all per sons having claims, against the estate , of said deceased - to ex hibit them to the undersigned . at Belvidere, N. C, on or before the 20th , day of July, 1958, or this notice will abe pleaded in bar of their ' recovery. All persons ' in debted to said estate: "will please make immediate payment. This 20tK day of July, '1957. : G. B. WINSLOW, !' ' ir Administrator CTA 'of r 7 . 5 !trs. Ida W. Winslow. July26Aug2,9,18,23,30 : NOTICE OF ADMINISTRATION Having qualified as Executrix deceased, late of Perquimans of the estate of Noah, Felton, SrM County, North Carolina, this is to notify all persons having claims against the estate of said deceas ed to exhibit them to the under signed at Route 2, Box 25, Hertford, N. C, on or before the 30th day, of July, 1958, or this notice will be pleaded in bar of their recovery. All persons in debted to said estate Will please make immediate payment. This 30th day of July, 1957. MRS'. MARY BUNCH , FELTON, Aug2,16,23,30Sept6 Av,.v ANRWNAircERODiNG FOR THE ZONING OF THE TOWN OF HERTFORD, N. ,C. Whereas in order to promote the health, safety, morals- and general welfare of the inhabit ants of the Town of : Hertford,, North Carolina; to , facilitate 4he adequate provision of transpor tation, sewerage, water, ' schools, parks and other public, improvements,- and to regulate ' the loca tion and uses -of buildings, struc tures, land ' for trade, industry, residence , or other , purposes, to regulate'-, the' erection, recon struction or alteration of build ings, and to regulate the size of buildings and structures, and the size of yards and . open spaces surrounding buildings; . to divide the Town - into zones of such number, shape and area as may be best suited to carry out . said purposes, it is desirable and ne cessary to adopt the zoning ordi nance and plan ; for said Town as hereinafter set forth, s 1 ; Now, Therefore, be it ordained by the Board of Commissioners of the Town of Hertford, North Carolina.- ... ' ' -.' Section In.-wtei'-ieeWf congestion mthe streets to, se cure safety from firer panic, and other dangers; to primote health and the general welfare; to pro vide' adequate light and airr te prevent ! the overcrowding of lands to lavoid undue ;cohcentra:; tion. of population; to facilitate the adequate provions-ot.twns Dortation. water, sewerage,- parks, schools and other public require ments; to conserve the value of buiUings and " encourage- ' the most appropriate use . of land throughout the corporate area, h il in accordance with a compre Mnsive plan, there is" hereby adopted ' and established an of J i'i 'l zoning plan for the Town f " a rd. This zoning , plan I pursiwrt .to t"e f4i 1 in t a T: 1 li i iha r e i t e c v i )' i C ' thd purpose of this ; ordinance, certain terms and' words are de fined as follows:. ' A.. ; All words used in the present tense ' shall ' include the future tense;- all words- in the singular number shall include the plural number; and t all words - in the plural , number shall include the singular number unless the na tural construction - of the word ing - indicates otherwise; the words "Used' for" shall include the meaning ; "designated for"; the' word .''structure' shall " int. elude., the 'word ""building"; the word ""lot" shall include the words -"plot' and "tract" and the word. "shell .is mandatory; T. , Accessory Building. A sub ordinate use of building custom irily incident to and located ud- on the same tot- occupied by ' the mam use ot ouuoung, - 2. 'Alley. . A, roadway) which affords '.only., a secondary ;', means and 'not intended for general traffie .cireukiitin-. ; - v : r 3.' Apartment. - A room of suite of .one -or. more- rooms- in a multiple, dwelling ' intended for use as a residence by a single family. , - ; 4. 'Apartment House. ' ' See Dwelling MuHiole.' -5.. Boarding House. A-buildt ing other-, than, a hotel,, where meals a,rp'' served for' compensa tion. ; - - -';'.; ' 6. Building."' See structure. 7. ' Building, Height- of.- The verticle distance from- the aver age! sidewalk grade or street erode, or finished grade at the building" line, , whichever is the IllgllCSV KM bl 444.tDI Ulllh Ul the building. " , , ; ', ' 8 , i Duelling. ' A detached building . designed for, or oc cupied exclusively by one family. 9 if Dwelling, Multiple. A building." or portion . thereof ' used or- designed as a ' residence for two ort more families living in dependently of each other, :, 10.- v Family. Any' number of individuals living together as. a single." housekeeping unit. 11.. Filling. Station. See Ser vice Station.- .." 12. i Frontage, All the prop erty abutting, on one (1) side of a street-between two (2) inter secting streets, measured along the street line. 13. Garage, Private. A build ing or space used as an acces sory to or a part ; of the main building permitted in any resi dence district, and providing for $he storage : of motor vehicles and in which no business, occu pation or service for profit is in any way conducted. 14. . Garage, . Public. Any building or premises, except those described as a private or storagei garage, used for the storage or -care of motor ve hicles, or where - any such 've hicles are equipped for operation.' repaired or kept for remunera tions hire or sale. 15. Garage, Storage. Any building or premises, other than a private or public garage, used exclusively for the parking or storage of -motor vehicles. lo. uuest House (Tourist Home). Any dwelling occupied by owner or opera ttor in which rooms are rented for guests and for, lodging of transients . and travelers for compensation. . 17. ; Home occupation. Any profession or occupation carried on-by a member of a-family or a member of. a recognized ' profes sion residing . on the premises, provided that no merchandise or commodity is sold . on the prem ises and . that no . mechanical equipment is installed or used except such that, is normally used for domestic or professional purposes,, and provided ; further that not over 25 of the total actual floor area of any. struc ture is used for home occupa tions or professional purposes. -, 18. Hotel (Motel).. A building or, other structure kept, . used, maintained; advertised as or held out to the public to be a place where sleeping . accommodations are suDDhed for oav to transient or permanent guests of tenants, where rooms are furnished ' for the -accommodation ' .. of- - such guests, and having or not- having one or more dining rooms, res taurants or cafes where - meals or lunches are served to such transients or permanent guests, such , sleeping accommodations and dining rooms, restaurants or cafes, if. existing,- being conduct ed in the same building or build ings in connection therewith. 19. Lot. A parcel of land 'in single ownership occupied or In tended for occupancy by a building- together with its accessory buildings; : including the open ipace reouired under this ordi nance. For the purpose of this ordinance the word, "lot" shall be taken to mean any" number of contiguous lots or portions thereof, upon which one or more main structures for a single use are to be erected, 20; Lot. ..Corner. A lot abut ting upon two. (2) or more streets at ' their intersection.- Zl.-i, Lot- of r-Record..- A-lot "whlcK ts-a pnrr Of ia subdivision. a plat or whjcre.thae-.beenre orded jin-the office rtf -the Re i-iter 'of 'Deeds of Pemuimans County,' or a lot i described Tiy rnetes and bounds the descrip tion of,, which has beeni recorded n- the 'office of the ftegistet of Deeds in Perquimans Countv. f M.Lot.Uepth-The denth' or i lot for the purnose Of this or dinance, la the d;stanre' measur 1 in the mean direction of the side lines of the1 lot" from the mid-point of the front lot line to the mid-oomt of the opposite main rear line of the lot. w 23. Lot Int-r'or. A lot other than a corner lot ' . 24. iLot. Lines. The lines bo'mdinf a lot. ?5. Lot Thro'tPTi. An In rior,; lot having1 frontage' of two st'-wts. ' ' ' '' Non-Conrmt-r' tw" A in which it is situated. 27. Parking Lot. An area or plot of land used - for the stor age or parking of vehicles. " 28. Service Station, A build ing or. lot where gasoline, oil. greases and accessories are supv plied and dispensed to the motor vehicles trade, also where bat tery,' tire and other similar ser vices are rendered. v 29 Stable, Private. A stable with a capacity of not more than one 0) horse- for ' each thirty-five hundred (3,500) square feet ,of lot area whereon such stable is located and 5 where such norses are owned by the own-, ersr or,occupants of tne premises and efe not kept , for- remunera tion, hire-or sale, - 't . 30;' Stable, Public A stable other' than a private, stable. ; t 31. iStory.. ( Thati portion of a building included . between the surface of .any floor and the sur face of the tnett floor above it, or if there' be no floor above It then . the space between such floor and the ceiling next above it. In' computing- the height of building the height of basement1 or cellar if" below grade shall not be included. ' .'.'. -W ' r- 32. Street. A thoroughfare which affords the principal means of access to abutting property, including avenue, place, way, drive, land, boulevard, highway, road and - any other thoroughfare exeept an alley. 1 . 33. Street Line. The line be tween the street and abutting property. . j 34. Structure! Anything con structed or erected, , the use Of which requires location on the land or attachment to something having a permanent . location on the land. 35. Structural Alterations. Any change, except for repair or re placement, in the supporting members of a building, such as bearing walls, column, beams or girders. 36. Tourist Home. See Guest House. 37. Trailer. Any vehicle, house car, camp car or any port able- or. movable. - vehicle- oh wheels, skids, rollers, or blocks either self-propelled or propelled py any inner means, wnitn is used or designed to be used for residential, living, sleeping, commercial-or utility, purposes, but including those vehicles primar ily designed for the transporta tion of eoods. 38. Trailer Camp, or Court. Land used or intended to be used,' leased or rented for occu pancy, by two or more trailers which are mounted on wheels anchored .in place bv a founda tion or other? stationary sup ports, to be used for living or commercial quarters of any kind, together with-, automobile park ins space and incidental utility structures and facilities required and provided . in connection therewith. This definition shall not include trailer: sales lots on which , unoccupied trailers are parked for purposes pf inspec tion and sale. 39. Used Car Junk Yard. A lot or group of contiguous lots used 1 for the dismantling or wrecking of used automobiles or the storage, sale or dumping of dismantled or wrecked cars or their parts. . 40.; Yard. An open space on the same lot with al building, unoccupied, and., unobstructed from the ground upward, except by trees or shrubbery or as otherwise provided -herein. 41.; Yard, Front. A yard across the full width of the lot, extending from the front line of the building to the front line of the lot, excluding steps and un enclosed porches, but including covered porches. i, 42. Yard,- Side. An open un occupied space on ' the same lot Withv a building between the lot extending through from ftae building and the side line of the front : building line to the rear Vard or to the rearj line of the lot where no rear yard is re quired. ' ' :, , 43. Yard,; Rear. A yard ex tending across the full width of the lot and measured between the rear line of the lot and the rear line of the main building. ' Section 3. Zones and Bound aries' Thereof. 'i (a? . -:" ; A. In. order to regulate and limit the height v and size of buildings; to regulate, and limit the intensity , of the use of lot areas; to regulate and determine the areas of open spaces sur rounding buildings; tor classify, regulate and restrict the location of , trades and industries; and the location of buildings designed for specified industrial, business, residential and other . uses of the Town of ; Hertford;, the T6wn of Hertford is hereby ; di vided into zones of which there shall be three (3) known as: ; 1. RA-6 Residential Zone. 2. Business Zone. 3. Industrial Zone. , B. The -boundaries of; the zones are shown upon the map accompanying this ordinance and made a part, hereof. , entitled "Zoning MaD, Town? of Hertford. North Carolina." '..The Zonine i Map and all the nbtatToh's,.'1 references'' and all imendments thereto, and other informationi shbwn thereon is hereby made a part of this ordf nance, the same- as suh infor mation set forth on, the map were all fully described- and set out 1 herein. The Zoning' Mao Oroperlv attested is on filer in he r off 'nr of r thtr offin nf - the Town Clerk and is available, for insoection by the public. y la the creation, by -this ordi-tian',e-': of the respoctive zones; the i Board, of Commissioner has f iven due and canul corwirlwa Vort to , th peculiar suitability of each and every surh-zone for thei pnrt'cular reflations ao oUri'l thereto, and the necessarvji wmoer and comprehensive 'row. inis and. arranimet8 : of th vrin"K B8M nnd , densjt--of The boundaries of such zoztes as are shown upon the map adopted .by this ordinance are hereby adopted and the provi sions of this ordinance govern ing the use of land and build ings, building s : site areas, the sizes of yards - about buildings and other matters as hereinaf ter set forth, are hereby estab lished and declared to be in ef fect upon all land included with in the boundaries of each and every , zone shown upon , said map.' ' ' ... ;). : Where uncertainty exists as to boundaries Of any zone shown on said map. the following rules Shall apply: ' ' ' " i 1. Where such zone bound aries '.are indicated as approxi mately following street lines, alley lines and lot lines, such lines shall be construed to be such boundaries. ..'.' f, 2. In unsubdivided property or where a zone boundary di vides a lot, the location of such boundary, unless the same is in dicated by dimensions,- shall be determined by use or the scale appearing- on the map. . 3. In case any further uncer tainty, exists,, the Board of Ad justment shall ' interpret tne in tent of the map as to location of such boundaries. 4. Where any street or alley is hereafter officially vacated or abandoned, the regulations ap plicable to each parcel of abut ting property shall apply to that portion of such street or auey added thereto by virtue of vaca tion or abandonment. D. 1. Except as hereinatter provided, no building shall be erected, reconstructed ' or struct urally altered, nor shall any building or land be used which does not comply with all the zone regulations established by this ordinance for the zone in which the building or land is located, , 2. The minimum yards and other open spaces including the intensity of use provisions con tained in this ordinance for each and every building here inafter erected or structurally altered, shall not be encroached upon or considered as yard or open space requirements or in tensity of use requirements for any other building. Section 4. RA-6 Residential Zone. A. Uses Permitted. 1. Institutions of a philan thropic nature. ' 2. Auditoriums, Community Centers. 3. Single family dwellings, multiple dwellings. 4. Public educational institu tions and private schools having a curriculum the same as ordin arily eiven in public schools. 5. Non-commercial nurseries, truck gardens and the raising of ooultrv or nets on a scale that would not be objectional because of noise or odor. 6. iBoarding house, guest house clubs. 7. ,Churches, libraries, art gal leries, and museums. B. Front Yard Required. There shall be a front yard hav- ms a depth of not less than twenty (20) feet measured from the front property line to the front line of the main building. Where lots comprising twenty five (25) per cent or more of the frontage on the same street with in the block are developed with buildings having an average front yard with a variation in depth of not more than eight ;8) feet, no building hereafter erected or .structurally altered shall project beyond the average front yard so established, pro vided this regulation shall not be so constructed as to require a front yard depth of more than twenty (20) feet, provided, fur ther, no front yard depth need exceed the average provided for the two adjoining buildings, one on either side thereof, if. such two adjoining buildings are less than 200. feet apart. Provided, further, that when the geo graphic grade or contour of a lot is sucn that compliance with this section is impossible or will impose an undue hardship upon the property owner, the Board of Adjustment will establish a front yard depth suitable and prac tical for such lot. C. Side Yard Required. ' 1. There shall be a side yard on each side of the main build ing having a width of not less than six (8) feet measured at the front line of the main build ing,' and the total width of such two side yards shall not be less than twelvce (12) feet. 2. On any lot having a width of less than forty (40) feet, and of record at the time of the adoption of : this ordinance, the required total width of the two (2) side yards shall be that here tofore prescribed ' less one-half (Vi) foot for each font said lot is less than forty (40) feet in width, provided, further, how ever, that no side vard shall be les-t than' four (4 feet in width. ; Section 1 5. Business Zone. A. Within the Business Zone, bs indicated on the "Zoning Map" no lot, buildinp or struc ture shaH be used and no build ln or structure shall be erected which Is intended or deslened for nny other than one' or more of ' the-1 following specified , pur poses: ,',!(.,,' ,'.' . . 1. Af)v use permitted in any residential zone; ' Retail stores. ' Shoe shorw, barber -.shoos,-, rwstAurasntss. of fices, hotels, theatres. nssomWv halls,, newsstands.- service sta tions, while and orivatA rmrkintf 'ots and ' pflrnffes. orinhoii nrt 'rt9il stores conduction inci dental alWf secondary wholesale denart""M't8. 3. Public utility storage, or rervirvards. 1 4. S'Pn yonntfurtd -ond rlo. ed fn aco,6V"ve with; the ordl-' nfifice o th Tow- of HertfoH.. T . v. ?'Kv.--niMi-uu.iea ur prim. v - ..t: . ' plants. Laundries. 7. Freezer lockers, cold stor age plants. 8. Billiard or pool tables or rooms, bowling alleys, dance halls and other forms of public amusements. 9. Motor freight terminal, wholesale and , storaee ware houses. 10. Automobile sales, service and body repair garage. , 11.. Accessory buildings and uses 'customarily and necessarily incident to the above specified uses.,. ' ;f. .i'.i.:-; :r.,..;.''i.v..';'-. '' j." 12J In general, business not creating or;." Jikely . to create either smoke, -; odor, , gas, dust, hoise or vibration harmful to abutting property, irt this ;zpne. B.' Area -Regulations. ' , 1. ' Buildings erected in the Business Zone--for- dwelling pur pose's exclusively shall comply with the 1 requirements of the RA-6 Residential (Zdriej-n ; ' 2. Where a lot abuts upon the s;de of a lot zoned residen tial,! there shall be a side yard of not less than six (6) feet in width. Section 6. Industrial Zone. A; In the Industrial Zone any building or land may be used for any purpose not in conflict with any, ordinance of the Town of Hertford except that no building or occupancy permit shall be is sued for anv of the following uses until arid unless the location of such use shall have been ap proved by the Board of Adjust ment: 1.: Acid manufacture. 2A Cement, lime, gypsum or plaster of paris manufacture. 3. ; Distillation of bones. 4. Explosives, manufacture or storage. . 5. Fat rendering. 6. Garbage offal or dead ani mal reduction or dumping. 7. Gas manufacture. 8., Glue manufacture. 9. Stock yards or slaughter of animals. 10. Tannery. 1 1. Pulp manufacture. 12. Anv other similar opera tion' which' may be declared ob jectionable by the Board of Ad justment. B. Area Regulations. 1. Building erected, in the Industrial Zone, for dwelling purposes exclusively shall com ply with the reouirements of the RA-6 Residential Zone. 2. ; Where a lot abuts the side of a lot zoned residential there shall be a side yard of not less than six (6) feet in width. Section 7. Non - conforming Uses. . . , . A. The lawful use of a "build ing" existing at the time of the passage of this ordinance shall not I be affected by this ordi nance, although such use does not iconform to the provisions of this- ordinance: and such use maV be extended throughout the building provided no structural alterations, except those re quilted by law or ordinance or ordered by an authorized officer to secure the safety of the build in e,1 are made therein but no such use shall be extended to occupy any land outside such building. If such non-conforming ; building is removed or the non-conforming use of such building is discontinued for a continuous period of not less than one hundred and eighty (180) days, every future use of such' premises shall be in con formity with the provisions of this ordinance. B'. The lawful use of "land" existing at the time of the pas sage of this ordinance, although such use does not conform to the provisions of this ordinance, shall not be affected by this or dinaace; provided, however, that no such non-conforming use shall be enlarged or increased, nor shall anv non-conforming use be extended to occupy a greater area of 'land than occupied by such use at the time of the pas sage of this ordinance. If such noni-oonforming use is discon tinued for a continuous period of hot less than one hundred andj eightv (18(1) davs. any fu ture use of said land shall be in conformity with the provisions of this ordinance. C. A non-conforminff use may be' changed to use of the same or' h'gher classification according to the nrovisions of this ordi nance. When a zone shall here after be chaneed. any then ex isting non-conformina use in such changed zone may be con tinued or ennned to a ":e nf a similar or highpr classification: oroVidert ail other regulations "nycrnino' the nw uce are com plied with. Whenever n non conforming use of a b"'din? hae been discontinued or changed to . lifhp cla'sifict-'on or to conforming use. such ue shall not thereafter be changed to a non-conforming use of a lower classification. The order of clas sifications of uses from the high est to lowest for the purposes of this section shall be as follows: t j,l. Residential Uses. ! "' i 2. Business Uses. . ,-: '( 3. Industrial Uses. " " D. Nothing - in this ordinance shall be construed to prevent the restoration of a building destroy ed by fire, explosion or . other casualty, or act'of'God, or the public enemy, If, such building is repaired or rebuilt within one year of the date of such dam age! but not thereafter. .This or dinance shall not prevent the continued occupancy, or use of such building or part thereof which existed at the time of such partial destruction. Section 8. Board of Adjust ment A Board of Adjustment is herehy established. . The word "Board" when used in this ordi nance shall be construed to mean the! Board of Adjustment. ; Said Board , shall consist of five (5) metpbei-s, appointed by the Board of Commissioners, each to be appointed fr t , term; ,pf ; . (3rivears. 'The orrt:r7i-o-- appointed for a term of one (1) year; two members shall be ap-, pointed for a term of two (2) years and two members shall be appointed for a term of three (3) years. At the expiration of the terms of all members first ap pointed all new or reappoint ments shall be made for a term of three (3) years. All appoint ments to fill vacancies shall be for the unexpired term. The members of the Board shall re ceive no compensation for their services. ' A. All meetings of the Board shall be held at a regular place and shall be ooen to the public. The Board shall keep minutes of its proceedings in a book main tained for that purpose only, showing the vote of each- mem ber upon each question, or if ab sent or failing to vote, an indi cation of such fact: and final disposition of appeals shall be bv recorded resolution indicating the reasons of the Board there for, all of which shall be a pub lic record. No final action shall be taken on any matter unless a quorum be present. ( B. An appeal from the deci sion of the Building Inspector may be taken to the Board of Adjustment by any person ag- grieved or any officer, depart-1 ment, board or bureau of the Town affected by such decision Such appeal shall be taken with in a reasonable time as provid ed by the rules of the Board by filing with the otneer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken. An appeal stays all proceed ings in furtherance of the ac tion appealed from, unless the officer from whom the appeal is taken certifies to the Board after the notice of appeal shall have been filed with him by reasons of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property. In such case proceed ings shall not be staved other wise than bv restraining order which mav be granted bv the Board or have a court of record on application of notice to the officer from whom the appeal is taken and on due cause shown. C. The Board shall have the following powers: 1. To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Building Inspector. The concurring vote of four (4) mem bers of the Board shall be ne cessary to reverse any order, re quirement, decision or determin ation of the Building Inspector to decide in lavor ot the appli cant any matter which it is re quired to pass under the zoning ordinance or to effect any varia tion in such ordinance. 2. To permit a temporary building for business or industry in the residential zone, which is incidental to the residential de velopment, such permit to be is sued 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 ac cessory building to a hotel, hos pital or similar institution in the residential zone where it is deemed necessary for the public convenience or welfare and where this can be done without substantially derogating from the intent and purposes of this ordinance. 4. To authorize upon appeal in specific cases variance from the terms of this ordinance as will not be contrary to the pub lie interest where, owing to spe cial conditions a literal enforce ment of the provisions of this ordinance will result in undue Building Inspector is hereby au hardship, and so that the spirit I thorized and it shall be his duty of this ordinance shall be ob served and substantial justice done. In considering all proposed va riations to this ordinance the Board shall before making any findings in a specified case, first determine that the proposed va riation will not constitute any change in the zones shown on the zoning map and will not im pair an adequate supply of light and air to adjacent property, or materially increase the public danger of fire and sa'ety, or ma terially diminish or impair es tablished property values within the surrounding area, or in anv Other respect impair the public health, safety, .morals and gen eral welfare. In granting a variance the Board may attach thereto such conditions regarding the location character and other features of the proposed build:ng, structure or use as it mav deem advisable in furtherance of the purposes of th!s ordinance. Before, a variance is granted it shall be shown that special circumstances attached to . the property which does not gener ally apply to other property in the neighborhood. A variance may be granted only when the practical difficulty or undue hardship complained of is due to the part!cular characteristics of the property and not to the gen eral conditions of the' neighbor hood which mav reflect an un due stringency nf the ordinance itself. A hardship neouliar to the applicant, as distinguished from others affected by the gen eral rule, must be shown. The fact that propertv. mav be util ized more profitably will not hp considered adennnte to istifv th Board in granting a variance. D. Anv person or neons inint'v or ; severHv. pogrieved bv. any decision of the Board, or anv To-f - -- --- --''icii, 4de. ' V " "ard or bureau of the y ' i of Hertford mav within the Board, but " not' "' thereafter" present to a court of competent jurisdiction a petition duly veri fied, setting forth that such de cision is illegal, in whole or in part, specifying the grounds of illegality, whereupon such deci sion of said Board shall be sub ject to review as provided by law. Section 9. Certificate of Occu pancy. No land shall be used or occupied, except for agricultural purposes, and no building here after structurally altered or erected shall be used or change -in use until a certificate of oc cupancy shall have been issued by the Building Inspector stating that the building andor the proposed use thereof complies with the provisions of this ordi-. nance. A like certificate shall be issued for purpose of main taining, renewing, changing or extending a non-conforming use. A certificate of occupancy, eith er for the whole or a part of a building, shall be applied for coincident with the application for a building permit and shall, be issued within ten days after the erection or structural altera tions of such building, or part shall have been completed in conformity with the provisions of this ordinance. A record of all certificates shall be kent on file in the office of the Build-, ing Inspector and copies shall be ! furnished, on request, to any person having a proprietary or tenancy in'erest in the building erected. No permit for excava tion for, or erection of. any building, or part of a building, or for repairs to. or alteration of, a building shall be issued until i statement of its intended use has bpen filed by the applicant. Section 10. Interpretation, Purpose p"d Conflict. In in terpreting and applying the pro visions of this ordinance thev shall be held to be the minimum reouirements for the promotion of the public safety, health, con venience, prosperity and general welfare. It is not intended hv this ordinance to interfere with or abrogate or annul any ease ments, covenants or other agree ments between parties, provided, however, that where this ordi nance imposes a greater restric tion upon the use of buildings or premises or upon the height of buildings or requires larger open spaces than are imposed or reauired by other ordinances, rules, regulations or by ease ments, covenants or agreements, the provisions of this ordinance shall govern. Section 11. Changes and Amendments. The Board of Commissioners may from time to time on its own motion or on petition after public notice and hearing as provided by law, '' amend, supplement or change, modify or repeal the boundaries or regulations herein or subse- , . auently established. In case, however, of a protest against such change signed and acknow ledged by the owners of twenty v (20) per cent or more of the frontage proposed to be changed or of the frontage immediately-in rear thereof, or directly opposite thereto, such amendment shall not be passed except by a three fourths vote of all the members of the Board of Commissioners. Section 12. Validity. If any section, subsection. sentence, clause or phrase of this ordinance is for anv reason, held to be in valid, such decision shall not af fect the validity of the remain ing portions of this ordinance. The Board of Commissioners hereby declares that it would have passed this ordinance and each section, subsection, clause and phrase thereof, irrespective to the fact that any one or more spctions, subsections, sentences, clauses or phrases be declared invalid. Section 13. Enforcement. The to enforce the provisions of this ordinance. Appeal from the de c:s;on of the Building Inspectof mav be made to the Board of Adiustment. . Section 14. Building Permits Prior To Effective Date. No section of this ordinance shall in anv way prohibit, restrict or af fect in anv manner or form any person, firm or cornoration who has secured a building permit prior to the effective date of this ord'nance. Section 15. Penalty. Anv person, firm or corporation who violates the provision of this or rlinnnce shall unon conviction, b puiUv of a misdemeanor and shall he fined not exceeding fifty dollars ($5000) or impris oned not exceeding thirty (30) days. Each day that violation continues to exist shall be con sidered a separate offense. I move the adoption of the forego'ng ordinance, this the 8th day of July, 1957. A. W. HEFREN, Commissioner. Seconded bv H. . C. SULLIVAN, Commissioner. W. RAY WHTTF, . R. L. HOLLOWELL, A. W. HFFREN. . H. C. SULLIVAN. North Carolina, Perquimans County. ' I, R. C. Elliott. Secretary of the Town-of Hertford, do hereby certify that the foregoing is a full, true and perfect copy of 'a . resolution adopted bv the Board of Commissioners of said Town of Hertford, at a meeting of said Board, the same being a regular meeting held on the 8th day of July. 1957, at which meeting a legal ouorum was present, and that said resolution was duly en tered on the - minutes of said meeting. , .!' ' ;.' .-!' Witness my hand 'and the seal of said Town of HerUordv N " , this the 9th dav of Aumist.1 1957V" (Seal) R. 6. ELLIOTT, ' i5i' "-VjV.. !! J' 'i mehtsK1;Iabal4b4.Fv.inadA..'3...1V'p manner: On number I sUaii b .tUdrtv,-, (3QKayftn-r th ' filinc . fl-, L. 2z n4 pu-jing of.thfi.decisioa.irt.the.oLce. ot Aug. 18,J , "TI a"wui i------3--i) !V. ..a-